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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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Kedudukan Anak Perempuan Sebagai Sentana Rajeg Menurut Hukum Adat di Desa Adat Kuta Kabupaten Badung Ni Wayan Setiari; I Nyoman Budiartha; Diah Gayatri Sudibya
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.2.3.4163.635-640

Abstract

Nyentana is a form of marriage based on changes in the status of purusa from the daughter's side and from the male's status as pradana. This study aims to examine the implementation of nyentana rajeg marriages in the Traditional Village of Kuta, Badung Regency and analyze the position of the heirs of daughters in rajeg marriages in the Traditional Village of Kuta, Badung Regency. The type of research used is empirical legal research with a statutory approach. Sources of data used are primary and secondary legal materials collected through interview techniques and literature study. After the data is collected, it is then processed and analyzed descriptively. The results showed that the implementation of sentana rajeg marriage in the Traditional Village of Kuta, Badung Regency, namely women whose status was changed to men (purusa) based on their inner and outer bond and love for each other. It is stated in Awig-awig in Kuta Traditional Village, Nyentana marriage, in which the woman proposes to the man to be brought to the woman's residence and the final ceremony is held at the man's house and witnessed by the soldiers of the two villages. The position of the heirs of daughters in sentana rajeg marriages in the Traditional Village of Kuta, Badung Regency, namely Purusa in Hinduism is interpreted as a male or female descendant of Putrika who is suputra who will carry out and continue his Swadarma as a descendant of Kapurusa. After the daughter is married, her status is changed to Sentana Rajeg, who will become the heir, has rights and responsibilities towards parents, merajan, and inheritance
Perlindungan Hukum Bagi Pemilik Kartu Elektronik dalam Transaksi E-Commerce Putu Widhiatmika Coryka; 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.2.3.4164.641-645

Abstract

An electronic contract is a contract made by the parties through electronic media, each party when negotiating does not need to have a face-to-face meeting but uses electronic media such as email. Currently, electronic contracts have received legitimacy and protection by Law Number 11 of 2008 concerning Electronic Information and Transactions. This study aims to examine the validity of the same as written contracts on credit card ownership agreements and to reveal legal protection for credit card owners in conducting E-commerce transactions. This research was conducted using normative legal research. The sources of legal materials are primary legal materials, which are sourced from legislation and secondary sources of legal materials are taken from relevant literatures with the issues studied. After the research data has been collected, it is then processed and analyzed in a descriptive qualitative way. The results of the study indicate that the legal protection provided by Article 26 of Law Number 8 of 1999 provides protection for consumers by requiring business actors who trade services to fulfill agreed guarantees and or guarantees. An electronic contract is valid evidence if it is presented as evidence at the court table based on article 5 of Law Number 11 of 2008 concerning Electronic Information and Transactions.
Perlindungan Hukum Bagi Para Pihak dalam Kontrak Bisnis Melalui E-Commerce Sebagai Akibat dari Resesi Ekonomi I Putu Setiawan Ivan Baskara; 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.2.3.4166.646-650

Abstract

The development of globalization which has become global today, has made several changes in the trading system. E-Commerce or what is often referred to as electronic transaction is a trading activity carried out online by business actors and consumers in conducting trading activities. If a dispute arises between the parties as a result of electronic transactions, especially in Indonesia regarding electronic transactions, it has been specifically regulated in Law no. 11 of 2008 concerning Information and Electronic Transactions in order to provide legal protection to the disputing parties. This study aims to examine the legal arrangements in buying and selling transactions through E-Commerce and revealing legal protection for parties in E-Commerce as a result of the economic recession. In processing research data using normative legal research with a Legislative approach. Sources of data used are primary and secondary legal data obtained through literature study. After the research data has been collected, the last stage is to process the data with descriptive qualitative methods. The results of this study indicate that the legal protection provided to the disputing parties as a result of a business contract carried out using an electronic transaction system is by filing a lawsuit in a commercial court by attaching evidence of an electronic business contract that has been agreed upon by the parties. legal as regulated in Law no. 11 of 2008 concerning Information and Electronic Transactions, which aims to provide protection to the disputing parties in the midst of an economic recession that has hit almost all countries in the world today.
Tinjauan Yuridis Terhadap Tindak Pidana Penipuan Jual Beli Tanah (Studi Kasus : Putusan No. 74/Pid.B/2017/Pn Gin) Ngakan Made Wira Diputra; I Nyoman Gede Sugiartha; 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.2.3.4167.651-655

Abstract

Crime on this earth will never end. The most frequent criminal treatment in the community is the crime of fraud related to an object. The crime of fraud has been regulated starting from Article 378 to Article 395 of the Criminal Code. This study aims to examine the criminal sanctions against the crime of fraud in the sale and purchase of land and reveal the judges' considerations against the perpetrators of the crime of fraud in the sale and purchase of land according to the case study: Decision No. 74/Pid.B/2017/PN Gin. This study uses a normative legal research method with a legislation approach and a case study approach. The legal materials used are primary and secondary legal materials collected by library and interview techniques. Furthermore, the research data was processed and analyzed descriptively qualitatively. The results of the study revealed that the criminal sanction applied was in the form of a principal sentence by looking at the indictment of the public prosecutor which applied more to Article 378 of the Criminal Code so that in the case study the defendant was sentenced to a year in prison. The Panel of Judges made this decision after hearing statements from the defendant, victim witnesses, and evidence presented by the public prosecutor
Akibat Hukum Penahanan Ijazah oleh Badan Usaha Ditinjau dari Perspektif Hukum Perjanjian Wayan Ardi Indra Jaya; Anak Agung Sagung Laksmi Dewi; 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.2.3.4170.656-661

Abstract

akibat hukum
Kedudukan Anak Astra (Anak Luar Kawin) dalam Hukum Keluarga dan Kewarisan Adat Bali I Gede Yudha Rana; I Made Suwitra; Diah Gayatri Sudibya
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.2.3.4172.662-666

Abstract

The presence of a child in the family is happiness as a manifestation of the fruit of a husband and wife's love. Having children is everyone's dream, especially when starting a new family or legal marriage. However, this is inversely proportional to children who are born without a previous legal marriage relationship so that the child is included in the class of children outside marriage or Astra children in accordance with Article 43 of Law Number 1 of 1974 concerning Marriage. This child out of wedlock sometimes becomes a problem in the family because not all stepfathers accept their existence. This study aims to reveal the position of children in traditional inheritance families in the Malet Village of Kutamesir and analyze the protection of Astra children in family law and inheritance in the Indigenous Village of Malet Kutamesir. This study uses an empirical legal research type with a conceptual approach. The data used are primary and secondary data obtained through interview techniques and literature study techniques and analyzed qualitatively and legal interpretation with a descriptive final presentation. The results of this study reveal that an astra child only has a legal position in inheriting his mother's property and an astra child has the right to get protection from whatever happens around his life, be it at home or outside the home.
Eksploitasi Anak Sebagai Pedagang Asongan ditinjau dari UU Perlindungan Anak pada Masa Pandemi Covid-19 Cipta PutraI Ketut Wira Cipta Putra; Anak Agung Sagung Laksmi Dewi; 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.2.3.4175.667-672

Abstract

Legal arrangements for child exploitation during the Covid-19 pandemic have not yet been included in the Criminal Code (KUHP). So that parents who employ their children as hawkers are still free from legal snares and can easily justify economically. This study aims to examine the legal arrangements for perpetrators of criminal acts of child exploitation as hawkers and reveal criminal sanctions for perpetrators of acts of exploitation of children as hawkers during the Covid-19 pandemic. This research method uses normative legal research by applying a conceptual approach and legislation. The data used are primary, secondary and tertiary legal data obtained by the recording method. After the data has been collected, the next step is to process and analyze it in a systematic way with legal intervention. The results of the study show that legal arrangements for perpetrators of criminal acts of exploitation of children during the Covid-19 pandemic, one of which is child exploitation, are not specifically regulated in Article 13 of Law no. 35 of 2014 amendments to Law no. 23 of 2002 concerning Child Protection. Therefore, in this case there is a void of norms, but the crime of child exploitation based on the provisions of Article 103 of the Criminal Code states that crimes against children are a special crime. Related to criminal sanctions, they are sentenced to a maximum imprisonment of ten years or a maximum fine of Rp. 200,000,000.00 (two hundred million rupiah
Perlindungan Hukum Korban Penipuan Undian Berhadiah Menurut Undang-undang Nomor 11 Tahun 2008 tentang Informasi dan Transaksi Elektronik Kadek Yogi Pratama Putra; A 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.2.3.4195.673-677

Abstract

The development of the times is always followed by technological developments, digital technology has brought a major influence on human life. One example is information and communication technology. Various types of cell phones with the sophistication they have have changed the way humans exchange information and communicate. Various features are available in cellular phones, one of which is the short message service feature or commonly known as SMS. Initially this feature was used to make it easier for humans to send and receive short messages. Over time the feature or short message service is used by criminals for personal gain. Crime in the digital world is called cybercrime. Therefore, the purposes of this study are to examine the legal arrangements for victims of sweepstakes fraud through short message services and reveal forms of legal protection for victims of fraud through short message services. This research is designed with normative legal research using a legal and conceptual approach. Sources of data used are primary and secondary legal data collected using the literature study method. After the research data is collected, the final stage is processing and analyzing the data in a qualitative descriptive manner. The results of the study reveal that the crimes committed by the perpetrators are criminal acts of fraud which have been regulated in article 378 of the Criminal Code and have also been accommodated in the ITE Law which is regulated in article 28 paragraph (1). Furthermore, the victim has legal protection as regulated in the ITE Law.
Pertanggungjawaban Pidana Korporasi Terhadap Pencemaran Lingkungan Hidup Ditinjau dari Undang-undang Cipta Kerja Kadek Dicky Candra Mahendra; I Nyoman Gede Sugiartha; 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.2.3.4196.678-682

Abstract

Human activities that are less controlled, make a clean and healthy living environment less and less, this is because the earth is currently getting older and the activities of humans themselves are not properly preserving the environment. Humans have a role and responsibility to empower the environment to maintain the ecosystem. However, the current reality is that most environmental crimes often involve corporations. This study aims to examine the regulation of criminal acts by corporations in the perspective of the Copyright Act and to reveal criminal sanctions against corporations that commit acts of environmental pollution in terms of the Copyright Act. This research uses a normative research type, with a Legislative approach. As for what is used as primary data, namely Law Number 32 of 2009, Law Number 11 of 2020 concerning Job Creation is the legal basis for knowing criminal arrangements and criminal sanctions against corporate criminal liability for environmental pollution in terms of the work copyright law. Data were collected using library research techniques. After the research data has been collected, it is processed by elaboration, namely combining the sources of the primary, secondary and tertiary legal materials with deductive and inductive logic. The results of this study indicate that corporate crime is essentially a functional act and is in the form of an inclusion offense. The criminal sanction of imprisonment is 1/3 to the management of the corporation.
Pemidanaan Terhadap Pelaku Penangkapan Ikan dengan Penggunaan Bahan Peledak I Wayan Agus Andika; I Made Minggu Widyantara; I Nyoman Sutama
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.2.3.4197.683-687

Abstract

The fishing that is carried out will have a bad effect on the marine ecosystem, but great benefits can be obtained for the fishermen. Catching fish using explosives is a criminal act in the field of fisheries and such actions may be subject to sanctions as regulated in Law Number 45 of 2009 concerning Fisheries and the Emergency Law on firearms. This study examines legal arrangements regarding the use of explosives in fishing and reveals criminal sanctions against perpetrators of catching fish with the use of explosives. The method used is normative legal research with a statutory approach. The data sources used are primary and secondary data obtained through recording and documentation techniques, then the data is processed by legal interpretation. The results of the study revealed that the legal rules regarding fishing carried out using a hazardous material or explosives have been regulated in Law Number 45 of 2009 concerning Fisheries and the Emergency Law concerning explosives and firearms. Criminal sanctions that can be applied to perpetrators are regulated in Article 84 paragraph (1) to paragraph (4) of Law Number 45 of 2009 concerning Fisheries.

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