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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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Penerapan Sanksi terhadap Pelanggaran Awig-Awig di Desa Adat Bongkasa Pertiwi Kecamatan Abiansemal Kabupaten Badung A. A. Dwi Ani Agustini; I Made Suwitra; I Ketut Sukadana
Jurnal Interpretasi Hukum Vol. 1 No. 2 (2020): Jurnal Interpretasi Hukum
Publisher : Fakultas Hukum, Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/juinhum.1.2.2418.1-6

Abstract

Humans always live side by side and need other creatures to interact each other. They were created as social beings who cannot live alone. This research aims to analyze the existence of ngejot and the application of sanctions for violations in the Bongkasa Pertiwi Traditional Village. This type of research uses an empirical legal research with a sociological approach, a statutory approach, a concept approach and a case approach. The data in this study are primary data, namely data obtained from informants and respondents and secondary data using primary, secondary and tertiary legal materials. The results showed that the existence of ngejot in the Bongkasa Pertiwi Traditional Village, Abiansemal District, Badung Regency, currently prohibits the existence of the tradition of ngejot. Boosting is still a pro and contra in society because pushing is sometimes still practiced as a form (equalizing braya). Over time, the prohibition on driving can change and be adapted to the circumstances because it is flexible. With regard to the sanctions against the prohibition of boasting in the Bongkasa Pertiwi Traditional Village, a penalty of Rp. 1,000,000 (one million rupiah), apikul bass (100 kg) were required to be sinoman for 6 months and apologized in front of the people of Bongkasa Pertiwi Village. Even though the implementation of this ngejot is carried out only to the extent of ngejot aci for the completeness of the ceremony, it must be based on permission through Bendesa Adat.
Status Hukum Tanah Hak Milik bagi Ahli Waris yang Pindah Kewarganegaraan Menjadi Warga Negara Asing Agnes Geraldine Olga Supriyana; I Nyoman Putu Budiartha; I Ketut Sukadana
Jurnal Interpretasi Hukum Vol. 1 No. 2 (2020): Jurnal Interpretasi Hukum
Publisher : Fakultas Hukum, Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/juinhum.1.2.2419.7-11

Abstract

Indonesian citizens who have transferred citizenship due to mixed marriages with other citizens who obtain property rights due to inheritance should be obliged to relinquish this right within one year. If it is not released then the right is lost because the law and the land fall to the state. However, in reality some of these property rights have not been released. This research is formulated to determine the status of land ownership rights that are not released by heirs who become foreign nationals and to find out the legal efforts taken by heirs who have transferred citizenship to become foreign citizens in releasing their ownership rights over land acquired due to inheritance. The research method used in this research is normative legal research method. The results showed that the status of land ownership rights that were not released by heirs who became foreign citizens was lost due to the law. This occurs after a period of one year, and the land becomes State land. Then, the legal effort made by the heirs in releasing ownership rights over the land obtained due to inheritance is to apply for more Indonesian citizenship or to remain a foreign citizen residing in Indonesia, so after one year they can obtain use rights or transfer of property rights. It can be done through buying and selling.
Perlindungan Hukum terhadap Pekerja dengan Perjanjian Kerja Waktu di Indonesia Agus Antara Putra; I Nyoman Putu Budiartha; Desak Gde Dwi Arini
Jurnal Interpretasi Hukum Vol. 1 No. 2 (2020): Jurnal Interpretasi Hukum
Publisher : Fakultas Hukum, Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/juinhum.1.2.2428.12-17

Abstract

In this day and age, norms often get blurred against the activities carried out by workers through a system of working agreements for a certain time. Workers get problems in the implementation of the regulation especially in fulfilling workers' rights which are not fulfilled by employers. This study aims to analyze the arrangements for a certain time work agreement in Indonesia, and to find out the legal protections for workers with a certain time working agreement in Indonesia. This study uses a normative legal research method through a statutory approach and a conceptual approach. The results show that the legal arrangements for a certain time work agreement in Indonesia have been regulated from the highest legal guidelines based on the 1945 Constitution to various Ministerial Decrees. Then, legal protection for workers with a work agreement for a certain time is carried out in a preventive and repressive manner. Supervision is also carried out to maintain the continuity of work agreements in accordance with statutory regulations.
Sanksi Adat terhadap Krama Desa yang Melakukan Wanprestasi dalam Pengembalian Kredit Pada Lembaga Perkreditan Desa di Desa Adat Kapal Anak Agung Ngurah Dharma Bayu Subandi; Anak Agung Sagung Laksmi Dewi; Ni Made Puspasutari Ujianti
Jurnal Interpretasi Hukum Vol. 1 No. 2 (2020): Jurnal Interpretasi Hukum
Publisher : Fakultas Hukum, Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/juinhum.1.2.2429.24-29

Abstract

Banks as credit providers should trust their customers within the agreed period of repayment of all credit that has been submitted. In practice, many customers do not fulfill the promised time to repay their loans. For various reasons, Default is caused the debtor's lack of awareness of his binding obligations. This study aims to determine the factors that lead to default in returning credit at the Desa Adat Kapal credit institution, and to determine the settlement of default in returning credit at the Desa Adat Kapal credit institution. The type of research used is the type of empirical research, where this research is carried out in accordance with the real situation of a community group or the surrounding environment in order to find facts or existing legal problems. The results of this study indicate that the factors causing non-performing loans in general are that all loans carry a high risk. Non-performing loans are loans that contain weaknesses or do not meet the quality standards set by the bank. Then, the settlement of defaults according to custom at the Ship Traditional Village Credit Institution is based on Article 8 of the Traditional Ship Village Credit Institution agreement.
Penegakan Hukum terhadap Guest House dan Villa tanpa Izin di Kabupaten Badung Cinta Saraswati; I Made Arjaya; Diah Gayatri Sudibya
Jurnal Interpretasi Hukum Vol. 1 No. 2 (2020): Jurnal Interpretasi Hukum
Publisher : Fakultas Hukum, Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/juinhum.1.2.2430.30-34

Abstract

Tourism is a source of local revenue and its investment is a potentially vital production factor in the service production business in this field. To support tourism accommodation in the tourist area of ​​Badung Regency, guest houses (boarding houses/rented houses) and villas are needed as support. Especially in Badung Regency, in the Canggu area, many houses are used as guest houses for guests who want to stay in Bali. This study aims to determine the supervision of Guest Houses and Villas in Badung Regency, and to determine the application of sanctions against guest houses and villas that violate permits in Badung Regency. The method in this research is a type of normative legal research which is carried out with the method of recording and reviewing based on legal materials. In this study, studying and gathering information through legal science books without deviating from positive law in order to form a conclusion. The research results show that the supervision of Guest Houses and Villas in Badung Regency is given the authority by the Regional Regulation through the Civil Service Police Unit which is assigned to monitor every building that does not have a permit in the Badung Regency area, especially in the Canggu area. Then, sanctions against violators are in the form of warnings 3 times, if they do not disobey the villa owner, they will be subject to forced demolition by officers.
Konsepsi Hukum Progresif dalam Pengaturan Tindak Pidana Korupsi di Indonesia Efraim Mbomba Reda; I Nyoman Putu Budiartha; I Made Minggu Widyantara
Jurnal Interpretasi Hukum Vol. 1 No. 2 (2020): Jurnal Interpretasi Hukum
Publisher : Fakultas Hukum, Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/juinhum.1.2.2431.35-39

Abstract

Progressive law puts forward the sociology of law rather than legal certainty which is the focus of legal positivism. In Indonesia, this law was coined by Satjipto Rahardjo. This study aims to determine the formulation of progressive law in future criminal law, and to determine the actualization of the concept of progressive law in regulating corruption in Indonesia. The research method used is a normative legal research method with statute and conceptual approaches. The technique of collecting legal materials in this study is a descriptive method that aims to obtain the meaning of reality related to the problems to be discussed and solved in this study. The results show that in the current Criminal Code Bill, progressive law has been regulated, to be precise in Article 2 paragraph (1) and (2). Progressive law is also regulated in Law no. 48 of 2009 concerning Judicial Power. Then, the actualization of progressive law in regulating corruption in Indonesia is a judge with the powers that take into account the sociological context of society in making decisions. Judges, prosecutors and lawyers can certainly discuss together in eradicating corruption. Efforts are also being made to reconstruct and redefine the power of law enforcement. This arrangement can also encourage the KPK to be more progressive in eradicating corruption, as well as building law enforcers who have morality so that they can become role models and increase public participation, for example by forming NGOs in preventing or fighting corruption in various agencies.
Penerapan Pajak Kendaraan Bermotor terhadap Kendaraan Bernomor Polisi Luar Wilayah Bali I Gede Ivan Wahyu Pramana; Ida Ayu Putu Widiati; Luh Putu Suryani
Jurnal Interpretasi Hukum Vol. 1 No. 2 (2020): Jurnal Interpretasi Hukum
Publisher : Fakultas Hukum, Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/juinhum.1.2.2432.40-45

Abstract

Seeing the number of vehicles with police numbers outside the area operating in Bali, in the Bali Provincial Regulation No. 4 of 2016 concerning the Implementation of Traffic and Public Transportation it is explained that vehicles from outside the Bali area can only be in Bali for 3 consecutive months if they exceed that time. then must do Transfer of Name Duty. This research is formulated to determine the imposition of motor vehicle tax in Bali Province, and to determine the intensification of motor vehicle tax imposition on police numbered vehicles from outside Bali. This research uses empirical law research type. The results of this study indicate that the collection of Motor Vehicle Tax in Bali Province can be carried out by taxpayers by following the procedures for implementing Motor Vehicle Tax collection as contained in the Regional Regulation of the Province of Bali Number 1 of 2011 concerning Regional Taxes. Regarding vehicles with police numbers outside the Bali Region, they cannot be taxed because there are no regulations governing these vehicles. This has also led the Bali Provincial Government to plan several efforts for vehicles outside the Bali region that have passed the time to reverse name.
Kedudukan Bank Indonesia (BI) sebagai Pemohon Pailit Setelah Berdirinya Otoritas Jasa Keuangan (OJK) I Komang Mudita Mudita; I Nyoman Sujana; Desak Gde Dwi Arini
Jurnal Interpretasi Hukum Vol. 1 No. 2 (2020): Jurnal Interpretasi Hukum
Publisher : Fakultas Hukum, Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/juinhum.1.2.2433.46-51

Abstract

In its development banking institutions play a very important role and Act Number 3 of 2004 concerning About Bank Indonesia. After the birth of Law Number 21 of 2011 concerning the Financial Services Authority. It is very interesting to study. What are the considerations taken by Bank Indonesia as a Bankrupt Petitioner after the existence of the Financial Services Authority and What is the Role of Bank Indonesia in Resolving Bankrupt Requests Against Banks. In this study the author uses the type of normative research from primary legal sources secondary legal materials. Article 2 paragraph (3) No. 37 of 2004 concerning Bankruptcy and Suspension of Debt Payment Obligations gives Bank Indonesia sole authority to submit bankruptcy applications to banks as creditors. the results of this study indicate that the authority to submit bankruptcy bank applications after the establishment of the Financial Services Authority the Financial Services Authority is to take into account whether the banks status has a systemic impact when the bank is filed for bankruptcy statements. The Financial Services Authority in this case can request consideration with Bank Indonesia about systemic impact of a bank. But the fact is Bank Indonesia still has authority of macropudentials
Pengawasan Terhadap Penggunaan Kendaraan Dinas di Instansi Pemerintah I Komang Roni Januar; Ida Ayu Widiati; Luh Putu Suryani
Jurnal Interpretasi Hukum Vol. 1 No. 2 (2020): Jurnal Interpretasi Hukum
Publisher : Fakultas Hukum, Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/juinhum.1.2.2434.52-56

Abstract

The Indonesian state adheres to the Presidential system of government. In running the government, a president is assisted by his staff. We call this line of government. The government that we often know as Civil Servants. The position of civil servants has an important role carrying out government functions in a country. Based on this there are formulations of the problem as follows: (1) How to regulate the use of official vehicles in government agencies (2) How to monitor the use of official vehicles in Government Agencies. This type of research used is the type of normative legal research, the discussion conducted by the study of legal materials. Analysis of legal material uses legal interpretation, namely providing interpretation in terms of law. Based on the results of the study that regulations related to the use of official vehicles in government agencies are regulated in ministerial regulations and further regulated by each region in the form of governor regulations or regional regulations and Supervision of vehicle use in government agencies is carried out by Direct and Indirect Supervision . In addition to paying attention to the products of the laws and regulations, also pay attention including official vehicles, are not misused.
Sanksi Pidana terhadap Perbuatan Pencemaran Lingkungan Hidup oleh Limbah Sablon dan Pencelupan di Kota Denpasar I Made Della Dwi Angga Saputra; Anak Agung Sagung Laksmi Dewi; Luh Putu Suryani
Jurnal Interpretasi Hukum Vol. 1 No. 2 (2020): Jurnal Interpretasi Hukum
Publisher : Fakultas Hukum, Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/juinhum.1.2.2435.57-62

Abstract

Denpasar City is the center of government, population center, tourism center, trade center, economic activity and center for other activities so you can imagine how busy Denpasar City is in handling all aspects of people's increasingly complex life. An incident that looks easy but few people care about, one of which is waste, so many effects can be obtained from disposing of the residual use of fragrances and screen printing, which are often found, but without a clear response to allow the accumulation of waste. Even though the government has regulations and sanctions related to these problems, they are often ignored by owners or entrepreneurs engaged in screen printing. Environmental pollution, which has often occurred since a long time ago, is a community disease that is difficult to eliminate. The researcher has a problem formulation covering 1) How is the legal arrangement regarding criminal acts against environmental pollution by screen printing and dyeing waste in Denpasar City? 2) What are the criminal sanctions against the perpetrators of criminal acts of environmental pollution by screen printing and dyeing waste in Denpasar City? The research was carried out by reviewing books on law and not deviating from the problems studied and the current positive law as well as studies in the library, this research is often called normative research. The results of this study state that criminal sanctions against perpetrators of environmental pollution by screen printing and dyeing waste in Denpasar City are in the form of fines and imprisonment. The act of environmental pollution carried out by NHY by disposing of screen printing waste into the river has violated Article 58 paragraph (2) of the Regional Regulation on the City of Denpasar Number 1 of 2015.

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