Jurnal Interpretasi Hukum
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.
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395 Documents
Pemotongan Upah Tenaga Kerja di Pt Dewata Gassari Bali dalam Situasi Pandemi Covid 19
Ida Bagus Ari Nugraha;
Anak Agung Sagung Laksmi Dewi;
Luh Putu Suryani
Jurnal Interpretasi Hukum Vol. 3 No. 1 (2022): Jurnal Interpretasi Hukum
Publisher : Warmadewa Press
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PT Dewata Gassari Bali enthroned at the Denpasar dam, held the same company color as the sale of LPG airflow. During Covid-19, it was seen that employers changed the regulations for giving fatigue medicine and alarms for work ahead of the rubber of their workers. The spread of COVID-19 has also resulted in a number of places visited decreasing so that the products marketed experience a drastic decline in sales. This results in a decrease in the price of goods marketed by certain companies. As a result of the losses suffered by the company, they made the decision to Termination of Employment (PHK) and Work from Home (WFH). This study aims to reveal the procedures for the implementation of payment of wages, protection of work status, and remuneration of workers at PT Dewata Gassari Bali. The method used in this analysis is institutional analysis which is empirically motivated by approaching reality and approaching the rule of law using a juridical approach. Sources of data in this study are primary data and secondary data. Data were analyzed by being collected, described and arranged descriptively and then systematized. The results of this study indicate that the cutting of fatigue medication and the dismissal of a number of employees are due to the company's finances being unstable
Kajian Yuridis Tindak Pidana Pemalsuan Surat secara Bersama-Sama (Studi Kasus Putusan Pengadilan Negeri Jakarta Timur Nomor 305/Pid.B/2021/PN Jkt.Timur)
I Gede Eka Suantara;
I Nyoman Gede Sugiartha;
Ni Made Sukaryati Karma
Jurnal Interpretasi Hukum Vol. 3 No. 1 (2022): Jurnal Interpretasi Hukum
Publisher : Warmadewa Press
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DOI: 10.22225/juinhum.3.1.4640.66-71
Indonesia is a legal state in which all aspects are regulated by applicable law to determine the obligations, rights and obligations in monitoring one's own and social desires. Of course, the existence of applicable laws in Indonesia has a very good influence in order because it can control all kinds of criminal activities that occur in society. This study aims to reveal the form of criminal sanctions and legal considerations given by the panel of judges in imposing a sentence on the perpetrators of the crime of forging letters which were carried out together. This research uses normative legal writing method. Sources of data used are primary and secondary data. Data analysis is used in a qualitative, in-depth and comprehensive way and when analyzing legal materials, namely by argumentation through explaining legal incident materials or legal results in detail to facilitate interpretation in the analysis. The results in the study indicate that in terms of considering the judge's role when giving criminal sanctions to the defendant on behalf of Ahmad Saifudin in the decision Number 305/Pid.B/2021/PN Jkt.Tim, in which the defendant was sentenced for what he had done, he was sentenced to 1 year 2 months jail. The conclusion of the study is that joint criminal sanctions in carrying out the criminal act of forging letters together can be imposed as described in Article 263 paragraph (1) of the Criminal Code regarding the crime of forging letters, threatened with imprisonment for a maximum of six years. The researcher hopes that in deciding a case the judge can consider everything
Perlindungan Hukum bagi Konsumen yang dirugikan atas Produk Elektronik yang Tidak Bergaransi
Made Wisnuyoga Wardana;
I Nyoman Putu Budiartha;
Ni Made Puspasutari Ujianti
Jurnal Interpretasi Hukum Vol. 3 No. 1 (2022): Jurnal Interpretasi Hukum
Publisher : Warmadewa Press
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Today more than ever before, trade activities and the high volume of trades for services or goods done by businesses are electronic products. The purpose of this research is to discuss the regulation and requirements of electronic products to be marketed and to analyze forms of legal protection for consumers for losses suffered in the use of electronic products that are not accompanied by a warranty card. The research method and problem approach used is a normative method using a conceptual approach and the rule of law. The legal sources of this research use primary, secondary and tertiary legal sources. This research uses note-taking and documentation techniques to collect the data. From the results of the research it was found that electronic products are consumer electronic products that are useful in meeting the needs of household life as a result of the production process carried out by electronic entrepreneurs, with losses for consumers in the form of repairs or returns in the form of new goods at appropriate prices and goods in accordance with similar electronic goods, and if the business actor violates the obligation, the consumer can sue according to the contents of article 19 to article 28 of the UUPK. Keywords: Business Actors, Consumers, Electronic Products
Perlindungan Hukum bagi Nasabah Bank yang dirugikan dalam Transaksi Layanan E-Banking
Ni Made Febby Savitri Dwi Cahyani;
I Nyoman Putu Budiartha;
Ni Gusti Ketut Sri Astiti
Jurnal Interpretasi Hukum Vol. 3 No. 1 (2022): Jurnal Interpretasi Hukum
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The presence of e-banking has now made transactions simpler for customers, this is one form of bank motivation for technological developments. Today's modern customers are very close to various technological conveniences, at the same time also coexist with risks that can occur at any time. The risk must be in line with legal certainty relating to the rights of all Indonesian people which must be enforced and fought for in order to implement Article 28D of the 1945 Constitution. Therefore, this research aims to analyze the legal protection arrangements for bank customers in conducting e-banking service transactions and to discuss legal responsibilities bank to customers who are harmed in conducting e-banking service transactions. This research uses a normative method with a legal and conceptual approach. The legal sources of this research consist of primary, secondary and tertiary sources using recording and documenting techniques as data collection techniques. The results of this study describe that bank customers carrying out e-banking transactions have not been supported by a special regulation, customers are still given preventive and repressive protection. The bank's legal responsibility for customers who lose in e-banking transactions will be given compensation if the customer can prove that it is true that the loss occurred as a result of the bank's error. Complaints to the bank either verbally or in writing can be carried out by the customer. Dispute resolution can be done through litigation, non-litigation or LAPS in the financial services sector
Perlindungan Hukum terhadap Konsumen Akibat Cacat Produk pada Saat Produksi Ditinjau dari Undang – Undang No. 8 Tahun 1999
I Nyoman Kerthia Wahyudi;
I Nyoman Putu Budiartha;
Ni Made Puspasutari Ujianti
Jurnal Interpretasi Hukum Vol. 3 No. 1 (2022): Jurnal Interpretasi Hukum
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DOI: 10.22225/juinhum.3.1.4644.89-94
Lack of supervision and accuracy from the authorized body causes the circulation of defective products to the market. Defective products are products that are not fit for consumption and do not provide safety requirements for consumers. To meet market demand for high-quality products, products are often not looked after properly, as a result, defective products are often encountered. Consumers often do not get full responsibility from businesses regarding traded defective products. Thus, this study aims to discuss legal remedies that can be taken by consumers against defective products and analyze the responsibility of producers as business actors against defective products that harm consumers. Using a normative legal research method with a law approach. Primary and secondary sources of law. Legal materials are collected using an inventory technique with the relevant search and then classified, recorded, cited and summarized. The results of the study indicate that the losses suffered by consumers require consumers to take legal action to guarantee their rights. Legal efforts can be taken through consumer dispute resolution efforts in litigation and non-litigation. Business actors who produce/trade defective products may be subject to UUPK sanctions in the form of civil, criminal and administrative sanctions
Pemberdayaan Paralegal dalam Mencegah Kekerasan terhadap Perempuan di Desa Tuwed Kecamatan Melaya Kabupaten Jembrana
Ni Kadek Candra Dewi;
I Nyoman Gede Sugiartha;
I Made Minggu Widyantara
Jurnal Interpretasi Hukum Vol. 3 No. 1 (2022): Jurnal Interpretasi Hukum
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Violence against women is very common in Indonesia, especially in the Bali area which is famous for upholding patrilineal lineages which assume that a patriarchal culture is where men are above women in terms of position. This happens due to a lack of knowledge about the law, especially for the poor and marginalized. After the birth of paralegals as an implementation of Law Number 16 of 2011 concerning Legal Aid, it is very interesting to study its relation to violence against women. Thus, the purpose of this study is to analyze paralegals in preventing cases of violence against women in Tuwed Village and discuss the effectiveness of paralegals in preventing violence against women in Tuwed Village. This research uses empirical methods with a case study approach. This research uses primary data sources, namely face-to-face interviews with informants, and secondary data sources using complementary sources of legislation in the study of literature. The researcher in collecting data uses a literature review method to collect primary data, and conducts field research (interviews and questionnaires). Paralegal arrangements in preventing violence against women have been regulated in the Legal Aid Law Number 16 of 2011 concerning Legal Aid. The results of this research indicate that the role of paralegals in preventing violence against women in Tuwed Village has not been effective, due to the lack of counseling and socialization about paralegals and violence against women to the people of Tuwed Village
Akibat Hukum bagi Anak yang Lahir dari Perkawinan Keris (Studi Kasus di Desa Baturiti, Banjar Tengah)
Ni Kadek Febriana;
I Nyoman Gede Sugiartha;
I Nyoman Subamia
Jurnal Interpretasi Hukum Vol. 3 No. 1 (2022): Jurnal Interpretasi Hukum
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Marriage is generally carried out between a woman and a man, but in fact there is a marriage procession carried out between a woman and a keris which is often called a keris marriage. Thus, this has legal consequences for the child who is born. So, the purpose of this study is to discuss the factors that influence the bride to choose a keris marriage and the legal consequences for children born from a keris marriage. This research method uses empirical research methods using a sociological approach to law by examining the issues raised based on facts supported by a juridical approach in relation to the problems discussed. The primary data sources are: Data in the form of observations and interviews with residents in the Baturiti Traditional Village. While secondary data sources are: Data obtained by conducting library research available from reviewing legal literature, official documents, laws and other data related to theoretical problems as a legal basis. Research results include: the factor of the bride choosing a keris marriage in Baturiti Village, Central Banjar because the woman has the status of a sentana rajeg, the man is reluctant to take responsibility, the woman is already pregnant, avoiding the birth of a bebinjat child. The legal consequences for children born from kris marriages by KK registration and birth certificates have a civil relationship with their mother only, by inheritance the child has the right if he has no more relatives and at the decision of his mother. If the child is adopted by his grandfather (squeezing) then the status of the child becomes the child of his grandfather
Perlindungan Hukum terhadap Konsumen Tabung Oksigen Hasil Modifikasi di Masa Pandemi Covid- 19 Berdasarkan Undang- Undang Nomor 8 Tahun 1999 Tentang Perlindungan Konsumen
Ni Wayan Eny Yulianti;
I Nyoman Putu Budhiarta;
Luh Putu Suryani
Jurnal Interpretasi Hukum Vol. 3 No. 1 (2022): Jurnal Interpretasi Hukum
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DOI: 10.22225/juinhum.3.1.4647.107-112
The circulation of modified oxygen cylinders causes the community to need legal protection for the community. So, this research aims to examine the form of legal protection for consumers who are harmed by the use of modified oxygen cylinders by business actors during the Covid-19 pandemic based on Law Number 8 of 1999 concerning Consumer Protection, and to discuss the responsibilities of business actors who harm consumers. for the circulation of modified oxygen cylinders during the Covid-19 pandemic. The normative research method uses a statutory approach, a conceptual approach, and a case approach. The legal materials of this research use primary, secondary and tertiary legal materials. Primary legal material comes from legislation relevant to the research case. Secondary legal materials consist of legal journals, law books, and the internet. And tertiary legal materials, namely supporting legal materials such as legal dictionaries, encyclopaedias and others. The technique of collecting legal materials used in this research is the technique of inventorying legislation according to the hierarchy so that it uses the library method by using the technique of recording legal materials. The results of this study can be concluded that preventive legal protection for consumers of modified oxygen cylinders with the regulation of consumer rights Article 4 UUPK and repressive protection consumers who are harmed can ask for compensation through litigation and non-litigation. Liability to consumers of modified oxygen cylinders who are harmed in the form of product responsibility based on compensation in the form of refunds or health care
Penyelesaian Sengketa Cargo atas Keterlambatan terhadap Pengangkutan Muatan Melalui Kapal Laut (Studi Kasus Di Pt. Bali Intercont Cargo)
Mey Anjani;
I Nyoman Putu Budiartha;
Desak Gde Dwi Arini
Jurnal Interpretasi Hukum Vol. 3 No. 1 (2022): Jurnal Interpretasi Hukum
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DOI: 10.22225/juinhum.3.1.4722.113-117
The implementation of cargo transportation by ship which is the main component in business activities allows the emergence of problems on the part of consumers or users of transportation services for the losses incurred, such as the problem of delays in the transportation of cargo. The purpose of this study was to determine the implementation of cargo transportation agreements and dispute resolution at transportation service providers for delays in transporting cargo by ship. This study uses empirical legal research methods, with a statutory approach and a fact approach. Primary data is the source of data in this study. Data were analyzed using quantitative methods. The results of this study indicate that the settlement of disputes over delays in the transportation of cargo by ship at PT. Bali Intercont Cargo by using alternative dispute resolution in the form of negotiations with consumers or users of transportation services regarding rescheduling of cargo transportation.