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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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Akibat Hukum Wanprestasi dalam Perjanjian Waralaba (Franchise) Pempek Farina di Kota Denpasar Kenneth De Lara Lim; I Nyoman Putu Budiartha; Ni Made Puspasutari Ujianti
Jurnal Interpretasi Hukum Vol. 1 No. 1 (2020): Jurnal Interpretasi Hukum
Publisher : Fakultas Hukum, Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/juinhum.1.1.2187.60-65

Abstract

Franchise is a business relationship between a brand owner and another party that gives permission for the use of the mark within a certain period. If the parties do not comply with the contents of the franchise agreement, the injured party can sue. The franchise operating in Denpasar is Pempek Farina. Pempek Farina is a franchise business that is engaged in the fast food industry. The purpose of this study is to describe the form of the Pempek Farina franchise agreement in Denpasar and analyze the legal consequences for the franchisee if it violates the Pempek Farina franchise agreement. The purpose of this study is to determine the form of the agreement and determine the legal consequences for the franchisee if it violates the franchise agreement. The research method used is empirical research with a sociological approach. The results showed that the form of the Pempek Farina franchise agreement is a form of underhand agreement, the result of which arises when the franchisee defaults on the agreement, the agreement that has been made may expire. With the provisions of Article 1266 and Article 1267 of the Criminal Code the franchisor will cancel the agreement and ask the franchisee to stop selling the product of the franchisor.
Tanggungjawab Perusahaan Ekspedisi terhadap Kerusakan dan Kehilangan Barang Muatan dalam Pengangkutan Darat Ketut Arie Jaya; I Nyoman Putu Budiartha; Ni Made Puspasutari Ujianti
Jurnal Interpretasi Hukum Vol. 1 No. 1 (2020): Jurnal Interpretasi Hukum
Publisher : Fakultas Hukum, Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/juinhum.1.1.2188.66-71

Abstract

Responsibilities of Freight Forwarding Companies in commercial transportation are not easy where risks and events such as damage and loss that occur on cargo goods are very vulnerable to occur so that the Expedition Company suffers losses. This study aims to analyze the factors that cause damage and loss of cargo in land transportation and determine the responsibility of shipping companies for damage and loss of cargo in commercial transportation agreements on land. The method used in this study is an empirical research method with a sociological approach to law. There are two types of data used in this study, namely primary data and secondary data. The technique used in data collection is interviews conducted with informants in the Expedition Company, PT. Indah Cargo Logistic, Denpasar. The results showed that there were two factors that caused the transportation of damaged or missing items, namely system error, cashier error, administration, shrinkage, fraud or fraud from company staff. Label or address attachment error. While external factors include natural factors such as bad weather or rain, traffic accidents, thieve factors, damaged road factors that cause goods to become damaged in the car. From the results of this study, it recommends that the principle of responsibility due to errors and the principle of responsibility due to presumption is very appropriate to be applied in the activities of transporting goods in Indonesia because in addition to protecting the interests of the sender and recipient of goods also gives a sense of security to the transporter in carrying out his duties.
Penyediaan Karang Memadu bagi Warga yang Berpoligami di Desa Adat Penglipuran Kabupaten Bangli Kharisma Nanda Sattwika; Diah Gayatri Sudibya; Ni Made Puspasutari Ujianti
Jurnal Interpretasi Hukum Vol. 1 No. 1 (2020): Jurnal Interpretasi Hukum
Publisher : Fakultas Hukum, Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/juinhum.1.1.2189.72-76

Abstract

The authority of the customary law community covers various fields of human life, including in the field of marriage. In the field of marriage, customary law community unity regulates its own marriage patterns as applied by customary law community unit in Penglipuran Adat Village, Bangli Regency, there are customary rules that forbid its citizens from polygamy by providing a place called coral combined for traditional village manners that do polygamy. The study examines two problem formulations namely how the marriage system in the Penglipuran traditional village, and what the function of the reefs is to integrate polygamy marriage in the Penglipuran traditional village. The research method used in this study is empirical legal research with the sociology of law approach. The results showed that the Penglipuran Indigenous Village implemented a Monogamy marriage system that had long been designed before it was published in Law Number 1 of 1974 concerning Marriage. Related to the function of coral reefs is to prevent polygamy marriages. The main goal is to give a woman's happiness as a wife. While the influence of the supply of coral blends is very effective because until now there are no residents who occupy the coral blends because there are no Penglipuran people who do polygamy. With this research it is expected that the Penglipuran Indigenous village should maintain and preserve the values ​​of its local wisdom, because the Indigenous Village of Penglipuran is a well-known tourist destination. In addition, the government should always provide guidance to village officers to maintain the preservation of cultural values.
Perlindungan Hukum terhadap Konsumen Khusus Jasa Penumpang Angkutan Darat Nyoman Gede Fajar Septiawan Putra; Desak Gede Dwi Arini; Luh Putu Suryani
Jurnal Interpretasi Hukum Vol. 1 No. 1 (2020): Jurnal Interpretasi Hukum
Publisher : Fakultas Hukum, Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/juinhum.1.1.2190.83-88

Abstract

Legal Protection is all businesses that bear the existence of legal provisions in providing protection to passengers or consumers who use the services of business operators to protect consumers from things that are not desirable. Public Transport Online is one of the public transportation media that is often used by the general public not only to transport passengers but to bring goods to be delivered to the destination address at a rate previously agreed. This study aims to analyze the factors that cause consumer losses for online transportation transport passengers and their protection in accordance with Law No. 8 of 1999 concerning Consumer Protection. This research was designed using the approach of Empirical Law research. The technique used in collecting data, namely the interview technique, was carried out at PT Aplikasi Karya Anak Bangsa. The results of this study indicate that the Online Public Transport Company is fully liable for losses caused by all people employed in public transport activities, besides online public transport companies and service carriers are fully obliged to sort out the compensation experienced by consumers and / or goods that can result disability and / or death, unless caused by an event that cannot be avoided or prevented due to passenger negligence. Through this research it is expected that consumers and service drivers must know each other's role and what their rights and obligations are so that it can reduce the loss for consumers or drivers of public transportation services.
Perlindungan Hukum Pekerja Rumah Tangga dalam Hubungan Kerja Penuh Waktu Luh Eni Pribadi; I Nyoman Putu Budiartha; Desak Gde Dwi Arini
Jurnal Interpretasi Hukum Vol. 1 No. 1 (2020): Jurnal Interpretasi Hukum
Publisher : Fakultas Hukum, Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/juinhum.1.1.2192.89-94

Abstract

A household assistant is someone who has basic duties and functions such as washing, cooking, cleaning the house, caring for the employer's child and various other tasks assigned by the employer. This study aims to analyze the form of legal protection of domestic workers in full-time employment relationships and find out the role of the Domestic Workers Distribution Agency in Full-time Work Relationships according to the Republic of Indonesia PERMENAKER No. 2 of 2015. The method used in this study is the normative method, sourced from primary and secondary legal materials. The results show that the form of legal protection for domestic workers has been set forth in the regulation of the Minister of Manpower Number 2 of 2015, as an effort to provide protection for domestic workers, to fulfill their rights as workers. Then, the role of the domestic worker supplier agency is as an intermediary to bring workers and employers together, the institution has the obligation to select prospective employers so that domestic workers do not fall into the wrong hands, the institution must also examine workers whether the workers are good and honest people so that no party who is harmed. Through this research, it is hoped that the government, especially in the field of Manpower, will further socialize the Minister of Manpower Regulation No. 2 of 2015 so that there is no violence against domestic workers. In addition, in preventing the occurrence of undesirable things to domestic workers, the channeling institution should pay more attention to the workers who are being dispatched, be more in depth with the background and origin of the prospective employer, supervise domestic workers by asking how the situation is and how the employer treats Domestic workers both by telephone and mail.
Perlindungan Hukum terhadap Hak Milik Atas Tanah untuk Pembangunan Kepentingan Umum Made Ayu Wangi Utari Suryatika; I Gusti Bagus Suryawan; I Wayan Arthanaya
Jurnal Interpretasi Hukum Vol. 1 No. 1 (2020): Jurnal Interpretasi Hukum
Publisher : Fakultas Hukum, Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/juinhum.1.1.2193.95-100

Abstract

The role of land is very important in addition to being the capital for administering the life of the state but also the life of the people. Land function as the fulfillment of human needs in many aspects such as for housing, agriculture, plantations, and industrial activities that require the availability of land. Land has a social function, where one of the government's efforts in the context of national development is development in the public interest, such as the construction of highways, people's settlements, traditional markets, construction of mall buildings and so on. So the problem under investigation is What is the form of legal protection of land rights for the development of public interests, and how is the mechanism for compensating land rights for development of public interests. The method used is normative legal research with legislation and conceptual approaches, as well as sources of legal materials used are primary and secondary legal materials with collection techniques of library legal materials that are analyzed quantitatively in a descriptive analytical form. Based on the results of research and analysis, a conclusion can be drawn from legal protection of land rights that there are two forms of legal protection, namely preventive legal protection and repressive legal protection, in addition, Article 1 number 10 of Law No. 2 of 2012 is the basis of compensation for holders of land rights. The advice that can be delivered is that in practice the holders of land rights are often not satisfied with the compensation provided, according to which the amount of compensation is not proportional to material and material losses. Therefore, it is expected that the government as the land acquisition party applies an objective objectivity where careful consideration and calculation are carried out, so that the compensation as expected by the holder of the right to the land and even later the compensation can become compensation.
Perlindungan Hukum bagi Pekerja Anak di Indonesia Made Dharma Laksana Swastika; I Nyoman Putu Budiartha; Desak Gde Dwi Arini
Jurnal Interpretasi Hukum Vol. 1 No. 1 (2020): Jurnal Interpretasi Hukum
Publisher : Fakultas Hukum, Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/juinhum.1.1.2194.101-105

Abstract

Child labor regulations in Law 13/2003 for child labor in a company can be said in practice to be quite good and in accordance with their respective work agreements and there must be permission from the child's parents. This study aims to determine the legal protection for child labor in Indonesia and determine the factors causing underage children to do work. This research was designed using empirical legal methods. Sources of data obtained directly from the community called primary data (basic data) and obtained from library materials called secondary data. Data was collected using documentation and interview techniques. The results of this study indicate that the regulation of child labor in the Law of the Republic of Indonesia Number 13 of 2003 for child labor in a company is in good practice and in accordance with the work agreement of each and there must be permission from the child's parents. In overcoming obstacles and obstacles, the company tries as much as possible to realize the core of article 68 of the Law of the Republic of Indonesia Number 13 of 2003 in terms of prohibiting the company from employing underage child labor by providing certain policies to be enforced after deliberation between the company and child labor first. Through this research, non-litigation settlement is expected as the first choice and authoritative (fair for both parties), namely Workers and Employers are given the freedom to choose an existing peace agent (conciliator/mediator), and facilitate the formation of an arbitration system that is free / independent, independent, and authoritative.
Pertanggungjawaban Pidana terhadap Warga Negara Asing yang Melakukan Tindak Pidana Penganiayaan Made Dwi Kurnia Dananjaya; Anak Agung Sagung Laksmi Dewi; Luh Putu Suryani
Jurnal Interpretasi Hukum Vol. 1 No. 1 (2020): Jurnal Interpretasi Hukum
Publisher : Fakultas Hukum, Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/juinhum.1.1.2195.106-111

Abstract

Indonesia in this era of globalization was made as a country that can include foreigners in carrying out activities in the form of industry, tourism and commerce in Indonesia. The development of technological science, allows people to be more consumptive in using it. Viewed from a psychological perspective, it is often found that foreign tourists have deviant behavior from legal norms that exist in Indonesia. One of the deviant acts is the criminal treatment of persecution of a foreign citizen to Indonesian citizens who are in the Republic of Indonesia. There is also a problem statement. The purpose of this study is to determine criminal liability and criminal sanctions given to foreign citizens who commit criminal acts of persecution. This study uses a normative method because there are still vague norms, based on the opinions of legal scholars and the Law. One person can have a personality in criminal liability if some things or actions made by someone in violating positive law, if one can eliminate the sense of responsibility in someone who found an element of a person's ability to lose responsibility.
Akibat Hukum Perjanjian Jual Beli Hak Atas Tanah Made Erik Krismeina Legawantara; Desak Gde Dwi Arini; Luh Putu Suryani
Jurnal Interpretasi Hukum Vol. 1 No. 1 (2020): Jurnal Interpretasi Hukum
Publisher : Fakultas Hukum, Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/juinhum.1.1.2196.112-117

Abstract

Sale and purchase is usually done by an agreement or what is known as a sale and purchase agreement, based on customary law a sale and purchase agreement is a real agreement, meaning that the delivery of the goods agreed upon is an absolute requirement fulfilled for the existence of an agreement. This research aims to find out about the arrangement of the land purchase agreement and find out the legal consequences of the land purchase agreement if there is a default. The method used in this research is the normative legal method with the statutory approach (satute aproach) and the conceptual approach. There are two types of data used, namely Primary (Laws and Regulations) as primary data and secondary data (sources of literature, books and research journals). Data analyzed are presented in the form of descriptions. Research results show that the sale and purchase rights of land rights are regulated in article 1457. The Civil Code which determines that buying and selling is an agreement between the buyer and the seller in an agreement where the legal terms of the agreement must meet subjective and objective conditions, with the consequence that the agreement is not can be canceled unilaterally because it must be implemented in good faith. Then, due to the Default Law for the Parties In Canceling the Deed of Agreement on the Sale and Purchase of Land Rights, it is regulated in Article 1366 of the Civil Code which stipulates that everyone is responsible not only for losses caused by his actions, but also for losses caused by negligence or indifference careful. Article 1366 of the Civil Code explains the responsibility of someone who has done harm to another person / other party, either because of his own actions or due to negligence and carelessness that causes other parties to suffer losses from him.
Aspek Perizinan dalam Pendirian Perseroan Terbatas dengan Sistem Online Single Submission Made Karina Thalia Crisandyna; I Nyoman Sumardika; Desak Gde Dwi Arini
Jurnal Interpretasi Hukum Vol. 1 No. 1 (2020): Jurnal Interpretasi Hukum
Publisher : Fakultas Hukum, Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/juinhum.1.1.2197.118-123

Abstract

The acceleration and increase in investment and business needs to be done by implementing an integrated business licensing service online or online single submission (OSS). This study aims to determine the licensing process of establishing a Limited Liability Company with the OSS system and the constraints faced by the directors in OSS and their mitigation efforts. This research is an empirical legal research using empirical juridical approach type and using primary data sources and secondary data. Data collection is done by direct observation in the field and then analyzed using qualitative analysis methods. The results of this study indicate that the licensing process of establishing a Limited Liability Company is carried out online by accessing the OSS website and completing the data as contained in the system. The OSS Institution will then issue an NIB to obtain a Business License and a Commercial or Operational License including to fulfill the requirements for a Business License and a Commercial or Operational License. Furthermore, the obstacles faced in the OSS system are related to regulatory aspects, system aspects, governance aspects, lack of socialization, additional costs in adjusting the goals and objectives of the Limited Liability Company, and accessing them that occur twice, both online and file submission. In the context of overcoming existing obstacles, a task force was formed consisting of the National Task Force, Ministry / Institution Task Force, Provincial Task Force, District / City Task Force, system renewal, seminars and briefing on the OSS system.

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