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INDONESIA
Jurnal Interpretasi Hukum
Published by Universitas Warmadewa
ISSN : 27465047     EISSN : 2809977X     DOI : https://doi.org/10.22225/juinhum
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Jurnal Interpretasi Hukum website provides journal articles for free download. Our journal is a journal that is a reference source for academics and practitioners in the field of law. Jurnal Interpretasi Hukum is a law journal articles of students for Law Science published by Warmadewa University Press. Jurnal Interpretasi Hukum has the content of research results and reviews in the field of selected studies covering various branches of Law in a broad sense. This journal is published 3 times within a year April, August, and December, submitted and ready to publish scripts will be published online gradually and the printed version will be released at the end of the publishing period. The language used in this journal is Indonesian.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 481 Documents
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Penegakan Peraturan Gubernur Bali Nomor 10 Tahun 2021 dalam Tatanan Kehidupan Era Baru I Putu Aris Sedana Putra; Anak Agung Sagung Laksmi Dewi; Luh Putu Suryani
Jurnal Interpretasi Hukum Vol. 2 No. 3 (2021): Jurnal Interpretasi Hukum
Publisher : Fakultas Hukum, Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/juinhum.2.3.4140.580-583

Abstract

The emergence of the Covid-19 pandemic has claimed many lives and has an impact on all aspects of the state, the Indonesian Government issued Presidential Decree No. 11 of 2020 concerning Public Health Emergencies as a serious warning of health threats. Dishonesty in conveying information on patients suspected of being infected with COVID-19 is categorized as hindering the prevention of outbreaks that can threaten the lives of people around them, including the health workers who handle them. The act of obstructing the handling of the epidemic can be punished. The purposes of this study are to analyze the legal regulation of health protocols in the new life order and the sanctions for people who do not heed the Governor's Regulation No. 10 Year 2021 in Bali. This research method uses a normative legal research type with a statutory concept approach. Data collection techniques were carried out by examining existing library materials. The legal sources used are divided into two, namely primary and secondary legal sources which are then processed and analyzed systematically. The conclusion from the results of the research that has been carried out is that the application of strict sanctions to actions that hinder the prevention of epidemics is punishable by law number 4 of 1984 concerning Communicable Disease Outbreaks article 14 paragraphs (1) and (2). The government seeks to protect health workers as the vanguard of handling the threat of COVID-19 in a preventive and repressive manner. For this reason, it is necessary to disclose one's own health information by disclosing his health condition honestly to health workers to get the right treatment.
Kedudukan Badan Permusyawaratan Desa (BPD) Sebagai Lembaga Pengawas Terhadap Kinerja Kepala Desa di Dalam Pemerintahan Desa I Gusti Made Bayu Nugraha; I Gusti Bagus Suryawan; I Wayan Arthanaya
Jurnal Interpretasi Hukum Vol. 2 No. 3 (2021): Jurnal Interpretasi Hukum
Publisher : Fakultas Hukum, Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/juinhum.2.3.4141.584-589

Abstract

Local government is an efficient and effective form of government, because the central government cannot handle all the complex problems of the state. The problem raised in this study is about the authority of the village consultative body as a supervisory agency for the performance of the village head. The purposes of this study are to examine the position of the village consultative body in the village government and the implementation of BPD supervision on the performance of the village head in the village government. The method used is a normative legal research method with a case approach. The technique of data collection is done by literature study. The sources of legal materials used are primary, secondary and tertiary sources of legal materials which are then analyzed systematically. The results of the study indicate that the authority of the village consultative body is to hold meetings with the community to collect their wishes, channel the wishes of the community to the village government both orally and in writing, present the draft Perdes under its authority, monitor and evaluate the performance of the village head, request information on the administration of village governance to the village head. village government, express opinions on the implementation of village governance, carry out village development, promote village communities and empower village communities
Pembagian Harta Tak Bergerak Akibat Perceraian Berdasarkan Putusan Nomor 149/Pdt.G/2017/Pn Tabanan Anak Agung Istri Altia Dwi Widaswari; I Nyoman Putu Budiartha; I Made Minggu Widyantara
Jurnal Interpretasi Hukum Vol. 2 No. 3 (2021): Jurnal Interpretasi Hukum
Publisher : Fakultas Hukum, Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/juinhum.2.3.4142.590-596

Abstract

The law of husband and wife wealth due to divorce is joint property and must be divided by 50% for husband and wife. equitable distribution of shared assets, a dispute will arise between the two. If the joint property is in the form of immovable objects, the parties maintain their share rights without anyone intending to relinquish their rights to be sold to other parties, how to resolve it. The purposes of this study are to describe the distribution of property in the form of immovable objects after divorce in the absence of a marriage agreement and the judge's considerations in determining the distribution of marital property on immovable objects between husband and wife after divorce in the absence of a marriage agreement. The research method used is normative legal research with a statutory approach. Researchers obtain the required legal materials through recording and documentation studies. The sources of legal materials used are primary and secondary sources of legal materials. Then, the legal materials and data are managed using interpretation analysis. The results of the study reveal that the distribution of assets after divorce in the absence of a marriage agreement can be done through mediation or through the courts. Regarding the distribution of assets in the decision Number 149/Pdt.G/2017, it is in accordance with the evidence, facts at trial. The author suggests judges to be more careful in deciding cases. for the legislature must continue to revise the law in order to follow the development of society.
Sanksi Pidana Terhadap Pemberi Kerja dalam Undang-undang No.11 Tahun 2020 tentang Cipta Kerja Nyoman Sugiartha; Kalingga Maulana Ibrahim; I Putu Gede Seputra
Jurnal Interpretasi Hukum Vol. 2 No. 3 (2021): Jurnal Interpretasi Hukum
Publisher : Fakultas Hukum, Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/juinhum.2.3.4143.597-601

Abstract

The Job Creation Act is a new law that is causing controversy, especially among workers/workers because the Job Creation Bill is considered detrimental to workers due to the imbalance of power relations in making agreements. The purposes of this study are to reveal the legal arrangements against employers in Law No. 11 of 2020 concerning Job Creation and criminal sanctions against employers if they do not comply with the provisions of the Job Creation Act. The type of research used in this study uses a normative legal research type with a statutory approach and a conceptual approach. The techniques for collecting legal materials are recording, summarizing, and quoting techniques. Sources of data used in the form of secondary and primary data which are then analyzed qualitatively. The results of the study reveal that there are criminal sanctions for entrepreneurs who pay labor wages below the district/city minimum wage as stipulated in Article 185 paragraph 1 of the Job Creation Law, namely a criminal threat for violating the criminal provisions, namely imprisonment for a minimum period of 2 years and a maximum of 4 years in prison and/or a fine of at least 100 million and a maximum of 400 million
Kewenangan Kejaksaan dalam Melakukan Penahanan Terhadap Pelaku Tindak Pidana Ujaran Kebencian di Sosial Media Louis Muda Adam Gesi Radja; I Nyoman Gede Sugiartha; Ni Made Sukaryati Karma
Jurnal Interpretasi Hukum Vol. 2 No. 3 (2021): Jurnal Interpretasi Hukum
Publisher : Fakultas Hukum, Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/juinhum.2.3.4144.602-606

Abstract

Authority is what is called formal power, power comes from legislative power (given by law) or from executive administrative power. Authority, which usually consists of several powers, is power over a certain group of people or power over an area of ​​government. The purposes of this study are to analyze the arrangement of the prosecutor's authority in detaining the perpetrators of hate speech crimes on social media and the prosecutor's obstacles in detaining the perpetrators of hate speech crimes on social media. The research method applied in this research is normative legal research with a statutory and a conceptual approach. The technique of collecting legal materials is done by means of a literature study. The of used are primary, secondary, and tertiary sources of legal materials. After the legal material has been collected, it will then be processed and analyzed using the method of processing legal materials systematically and presented descriptively. The results of the study reveal that the prosecutor's authority is regulated in the criminal procedural law code, the prosecutor's authority law. Which includes several laws, among others, Law no. 16 of 2004 which regulates the prosecutor's office, so that from the law it can be ascertained about the rights and powers of the prosecutor so that law enforcers, especially the prosecutor's office, can make detentions in accordance with the rules that have been in force, so that there is no abuse of authority by law enforcers, especially prosecutors and as The prosecutor's office should be obliged to realize equality for all Indonesian citizens who are being entangled in criminal, civil and other cases.
Efektifitas Perda Kabupaten Klungkung No 2 Tahun 2010 dalam Upaya Pelestarian Lingkungan di Pantai Watu Klotok Ketut Danu Yudistira; Anak Agung Sagung Laksmi Dewi; Luh Putu Suryani
Jurnal Interpretasi Hukum Vol. 2 No. 3 (2021): Jurnal Interpretasi Hukum
Publisher : Fakultas Hukum, Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/juinhum.2.3.4145.607-610

Abstract

The environmental condition in Klungkung Regency has shown some signs of increasing environmental damage and pollution every year. To maintain and preserve the environment by the surrounding community, the Klungkung Regency Government issued Regional Regulation Number 2 of 2010 concerning Control of Environmental Damage and Pollution. The purposes of this study are to examine the effectiveness of Perda No. 2 of 2010 and to examine the obstacles in enforcing Perda No. 2 of 2010. This study was designed with empirical legal research with a statutory and conceptual approach. Data were collected through field interview techniques. The data used are primary and secondary data. After the research data was collected, the researchers then analyzed using descriptive qualitative methods. The results showed that the effectiveness of the Regional Regulation in an effort to stop the level of pollution on the Watu Klotok beach with preventive and repressive efforts through. Administrative sanctions in the form of verbal warnings, written warnings, criminal sanctions or civil fines for environmental damage or pollution. The obstacles in implementing this regional regulation are law enforcement officers, community culture, economy and public awareness. So that the effectiveness of the regulation has not been implemented effectively by law enforcers in terms of imposing sanctions. Therefore, the Klungkung Regency Government must be more firm and wise in implementing the existing legal regulations.
Kekuatan Email Sebagai Alat Bukti dalam Proses Persidangan Perkara Perdata Cokorda Agung Cahaya Darmadi; I Made Minggu Widyantara; Ni Made Sukaryati Karma
Jurnal Interpretasi Hukum Vol. 2 No. 3 (2021): Jurnal Interpretasi Hukum
Publisher : Fakultas Hukum, Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/juinhum.2.3.4146.611-617

Abstract

The rapid development of technology and telecommunications makes it easier for someone to send a letter via e-mail because the use of e-mail is considered cheap and fast. In addition, the data that we send via email will be stored, so that if at any time there is a problem related to the letter, it is easy to find physical evidence of the letter in the email. From this phenomenon, this research was conducted with the aim of examining how to prove the use of email based on the ITE Law and examine the strength of email in the trial process when it is associated with article 1866 of the Civil Code. This study uses a normative legal research type by applying the legislation approach and the case approach. The legal materials used are primary, secondary and tertiary obtained through literature study. After the data is collected, the data is processed by descriptive qualitative analysis. The results of the study show that e-mail verification as evidence in civil case trials can be used in trials regarding the legal aspects of e-mail application in enforcing the law. With the development of today's technology through communication media known as the internet, it has changed the way of thinking and acting which then has an impact on the law. The strength of e-mail evidence as a process of proof in court when it is associated with Article 164 HIR regarding valid evidence.
Pelaksanaan Perjanjian Kerja Bagi Pekerja PKWT di PT. Jaya Artha Syandana pada Masa Pandemi Covid-19 Komang Krisna Hady Saputra; I Nyoman Putu Budiartha; Ni Made Puspasutari Ujianti
Jurnal Interpretasi Hukum Vol. 2 No. 3 (2021): Jurnal Interpretasi Hukum
Publisher : Fakultas Hukum, Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/juinhum.2.3.4155.618-623

Abstract

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Perjanjian Kerja Waktu Tertentu (PKWT) Pada PT. Angkasa Pura Suport Badung Ni Luh Putu Emi Sukasih; Anak Agung Laksmi Dewi; Desak Gde Dwi Arini
Jurnal Interpretasi Hukum Vol. 2 No. 3 (2021): Jurnal Interpretasi Hukum
Publisher : Fakultas Hukum, Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/juinhum.2.3.4156.624-628

Abstract

The ongoing development of globalization will have a direct or indirect impact on the existence of workers, one of which is in terms of the quality of production and labor procedures. This study aims to examine the arrangement of a certain time work agreement (PKWT) at PT. Angkasa Pura Support Badung and revealed the legal consequences of violating a certain time work agreement (PKWT) on the rights and obligations of PT. Angkasa Pura Support Badung. The research method uses normative legal research and a problem approach, namely the legislation approach and the conceptual approach. The legal materials used are primary and secondary legal materials collected through documentation and recording methods. Furthermore, the data is processed and analyzed by qualitative descriptive. The results showed that the arrangement of a certain time work agreement (PKWT) at PT. Angkasa Pura Support Badung is made using a standard form of agreement, so it must comply with the provisions of the legislation which is the main requirement for the validity of an agreement and is also the legal basis of a work agreement for a certain time. The legal consequences of violating a certain time work agreement (PKWT) on the rights and obligations of PT. Angkasa Pura Support Badung is subject to sanctions in the form of a warning, a warning letter (SP), and suspension and finally layoffs occur.
Perlindungan Hukum Terhadap Bumdes Simpan Pinjam dalam Perkara Kredit Macet yang Disebabkan Adanya Wanprestasi oleh Debitur di Desa Kesimpar Karangasem I Putu Utama Putra; I Nyoman Putu Budiartha; I Wayan Arthanaya
Jurnal Interpretasi Hukum Vol. 2 No. 3 (2021): Jurnal Interpretasi Hukum
Publisher : Fakultas Hukum, Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/juinhum.2.3.4157.629-634

Abstract

Village-owned enterprises are mostly owned by the village through direct participation originating from the wealth of the village itself. The purpose of establishing a village-owned enterprise is to create job vacancies for the community and as a result increase the income of the village itself. Of course, in establishing BUMdes, you must follow the procedures as they are regulated in the village law. This study aims to examine the legal protection of BUMdes savings and loans against bad credit cases in Kesimpar Village and reveal the settlement of bad loans in BUMdes Kesimpar Village. This study uses empirical legal research and the problem approach used is the legislative and conceptual approach. The sources of data used are primary data, namely interviews with related parties and secondary data including legislation. Data were collected by means of interviews obtained with informants in the BUMdes Panca Datu, Kesimpar Village. Furthermore, the data were analyzed qualitatively and then concluded inductively. The results of the study reveal that the legal protection of BUMdes savings and loans in the case of bad loans caused by default by debtors in Kesimpar Karangasem Village is holding on to the agreement letter and legal protection for BUMdes is regulated in Bali Governor Regulation Number 44 of 2017, Law of the Republic of Indonesia Number 10 1998, Law Number 4 of 1996 and efforts to settle bad loans at BUMDES Panca Datu through repressive means.

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