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
<![CDATA[Pemidanaan terhadap Pelaku Main Hakim Sendiri dalam Kaitannya dengan Kontrol Sosial (Social Controlling) ]]>
<![CDATA[I Made Khrisna Dwi Payana]]>;
<![CDATA[Anak Agung Sagung Laksmi Dewi]]>;
<![CDATA[Ni Made Sukaryati Karma]]>
<![CDATA[ Jurnal Interpretasi Hukum Vol. 1 No. 2 (2020): Jurnal Interpretasi Hukum ]]>
Publisher : <![CDATA[Warmadewa Press ]]>
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DOI: 10.22225/juinhum.1.2.2436.63-67
<![CDATA[Vigilante (vigilante) creates an outburst of emotions and resentment from the community about the failure of law enforcers to carry out their duties to find criminals. So that it causes mistakes and acts alone without any legal basis and applicable laws. As for the problems found: 1. What is the legal arrangement for vigilante acts? 2. What is the criminal sanction for vigilante actors in relation to social control? The purpose of this research is to find out the qualifications of vigilante one criminal act along with the criminal threat, and it is important that the imposition of vigilante offenders regulate the behavior of the community. This study uses a normative research method, namely legal research which examines various aspects of written law. There is a research finding that the act of vigilantism is due to participation, emotional factors, lack of understanding of the law, the social situation and the law enforcement's inactivity towards the perpetrator is threatened with a criminal act based on the provisions of Article 170 of the Criminal Code.]]>
<![CDATA[Tindak Pidana Bullying yang dilakukan Anak dibawah Umur melalui Keadilan Restorative Justice ]]>
<![CDATA[I Made Rai Dwi Surya Atmaja]]>;
<![CDATA[Anak Agung Sagung Laksmi Dewi]]>;
<![CDATA[ni made sukaryati Karma]]>
<![CDATA[ Jurnal Interpretasi Hukum Vol. 1 No. 2 (2020): Jurnal Interpretasi Hukum ]]>
Publisher : <![CDATA[Warmadewa Press ]]>
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DOI: 10.22225/juinhum.1.2.2437.68-72
<![CDATA[Bullying is bullying that often leads to bad deeds that contain crime, but goes unnoticed. Based on this research, the authors raise the formulation of the problem: 1. How is legal protection for child victims of bullying ?, 2. How is the settlement of bullying crime through restorative justice? This type of research is normative law. The approach to this research problem is a statutory approach, a conceptual approach, and a case approach. The research method used is normative legal research, by conducting studies based on legal materials from legal books and is a process of finding legal rules. As for the problem approach in this study, namely the statutory approach (statute approach) and the conceptual approach (conceptual approach) and the case approach (case approach). The results show that the form of legal protection for child victims of criminal acts of bullying is regulated in several laws and regulations, namely, the Criminal Code, Law Number 35 of 2014 concerning Amendments to Law No. 23 of 2002 concerning Child Protection, Law Number 19 of 2016 concerning Amendments to Law Number 11 of 2008 concerning Electronic Information and Transactions. Efforts to resolve criminal acts of bullying through restorative justice using non litigation or settlement of disputes outside the court. The point of settlement of cases on restorative justice is based on the parties to express their opinions to produce an agreement. There are two kinds of crime prevention efforts, namely penal and non-penal efforts. It is hoped that the government, agencies engaged in law enforcement and education as well as the public will make firm efforts against the crime of bullying.]]>
<![CDATA[Upaya Hukum Praperadilan dalam Sistem Peradilan Pidana di Indonesia ]]>
<![CDATA[I Made Wisnu Wijaya Kusuma]]>;
<![CDATA[I Made sepud]]>;
<![CDATA[Ni Made Sukaryati Karma]]>
<![CDATA[ Jurnal Interpretasi Hukum Vol. 1 No. 2 (2020): Jurnal Interpretasi Hukum ]]>
Publisher : <![CDATA[Warmadewa Press ]]>
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DOI: 10.22225/juinhum.1.2.2438.73-77
<![CDATA[Criminal justice system and Indonesian criminal procedural law adhere to presumption of innocence.So, a person must protect his human rights. KUHAP formed a new institution, namely pretrial. Based on this research authors raise formulation problems: 1. How pretrial regulation criminal justice system Indonesia, 2. How validity pretrial that has not been decided if the subject matter case has been tried. Type research used normative. approach method used statutory approach, shortening analysis legal concepts. pre-trial authority according to Article 77 Criminal Procedure Code examines whether or not coercive measures are arrest and detention well examine whether or not termination investigation or prosecution, compensation and rehabilitation legal or not. Judge Sarpin stated that Sprindik, which became the basis for Budi Gunawan's investigation, was invalid. pretrial regulations are regulated Law No. 8 of 1981 on Criminal Procedure Law in article 77 Criminal Procedure Code, namely pretrial, which authority district court examine and decide, Constitutional Court Number 21/PUU -XII/2014, authority pre-trial institution also includes whether or not determination suspects valid, searches and confiscation. Validity investigations carried out by KPK regarding determination suspect Budi Gunawan was invalid therefore determination had no binding legal force. The Subject matter pretrial case being tried declared null and void.]]>
<![CDATA[Penyelesaian Sengketa Tanah Pekarangan Desa di Desa Adat Sulahan Kecamatan Susut Kabupaten Bangli ]]>
<![CDATA[I Putu Ade Surya]]>;
<![CDATA[I Made Suwitra]]>;
<![CDATA[I Ketut Sukadana]]>
<![CDATA[ Jurnal Interpretasi Hukum Vol. 1 No. 2 (2020): Jurnal Interpretasi Hukum ]]>
Publisher : <![CDATA[Warmadewa Press ]]>
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DOI: 10.22225/juinhum.1.2.2439.78-83
<![CDATA[Land in human life has a very important role because it is a source of welfare, prosperity and life. In addition, land has a close relationship with humans because land has economic value for human life and can produce natural resources for many people. There are 2 (two) rights to land in customary law, namely the right to land controlled by individuals and the right to land controlled by customary law communities or customary land. Based on this, the formulation of the problem can be taken as follows: (1) How is the existence of the village yard land in the awig-awig of Sulahan Traditional Village, Susut District, Bangli Regency? (2) How is the settlement of a village yard land dispute case in the Sulahan Traditional Village, Susut District, Bangli Regency? The research method used is empirical legal research, namely legal research which functions to see the law in a real sense and to examine how the law works in society. The approach to the problem used is in the form of a sociology of law approach, which is a legal research that examines legal facts that exist in society. The results showed that the settlement of village yard land disputes in the Sulahan Traditional Village was usually resolved by kinship with Bendesa Adat acting as the mediator. Mediation carried out by Prajuru of Sulahan Traditional Village in resolving village yard land disputes that occurred in Sulahan Traditional Village was carried out at Pura Desa Sulahan. The purpose of the mediation was carried out at the Sulahan Village Temple because of its strategic location. Before conducting mediation, the Prajuru Desa Adat and the disputing parties will hold a prayer first so that the mediation can run smoothly so that there are no disputes.]]>
<![CDATA[Pembagian Hak Atas Tanah Waris dalam Hukum Adat Bali ]]>
<![CDATA[I Putu Angga Aptina]]>;
<![CDATA[Anak Agung Istri Agung]]>;
<![CDATA[Desak Gde Dwi Arini]]>
<![CDATA[ Jurnal Interpretasi Hukum Vol. 1 No. 2 (2020): Jurnal Interpretasi Hukum ]]>
Publisher : <![CDATA[Warmadewa Press ]]>
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DOI: 10.22225/juinhum.1.2.2440.84-89
<![CDATA[The issue of inheritance disputes among the village community is very frequent. For this reason, written and unwritten laws are needed for the implementation of a fair distribution of inheritance for each people. The research method used is the Empirical research method, the approach is to see the law in a real sense or it can be said to see researching how the law works in society. The results showed that as a manifestation of mutual respect and an attitude of living in harmony, always strived for dispute resolution through family deliberations. Peaceful settlement is prioritized to maintain balance in social life. Peaceful resolution is also intended to eliminate feelings of resentment resulting from disputes that arise. Peaceful settlement in life in the village is seen as necessary and a necessity to maintain harmony in dispute resolution. It is hoped that the problem can be resolved amicably in a friendly manner.]]>
<![CDATA[Kedudukan Ahli Waris yang Pindah Agama menurut Hukum Waris Adat Bali di Desa Dangin Tukadaya Kabupaten Jembrana ]]>
<![CDATA[I Putu Endar Pranata]]>;
<![CDATA[I Ketut Sukadana]]>;
<![CDATA[Diah Gayatri Sudibya]]>
<![CDATA[ Jurnal Interpretasi Hukum Vol. 1 No. 2 (2020): Jurnal Interpretasi Hukum ]]>
Publisher : <![CDATA[Warmadewa Press ]]>
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DOI: 10.22225/juinhum.1.2.2441.90-93
<![CDATA[The issue of changing religions related to inheritance based on Balinese customary law is a very important matter. In the customary norms of inheritance in Bali, inheritance is a system of transferring responsibility from one generation to the next. This responsibility goes with the attachment of a right. This responsibility includes responsibilities within the indigenous community. This research was conducted with the aim of describing how the kinship relationship of a son who converted and how the position of an heir who converted according to Balinese traditional inheritance law in Dangin Tukadaya Village, Jembrana Regency. This research employed empirical legal research with a sociology of law approach. The results of this research showed that the kinship of a son who converted is still close to their families. The conversion of religion does not break the kinship relationship, but its rights and obligations are no longer related to Sanggah Desa Adat and Pura Desa for having committed an act of disobedience. In addition, the position of a heir who changed religion according to Balinese traditional inheritance law in Dangin Tukadaya Village, Jembrana Regency is no longer an heir because he has no relationship with Sanggah Desa Adat and Pura Desa and has become a disobedient person.]]>
<![CDATA[Efektivitas Pemberantasan Pungutan Liar dalam Pelayanan Publik di Desa Pangsan Kecamatan Petang Kabupaten Badung ]]>
<![CDATA[I Putu Putra Ariasa]]>;
<![CDATA[Ida Ayu Putu Widiati]]>;
<![CDATA[Luh Putu Suryani]]>
<![CDATA[ Jurnal Interpretasi Hukum Vol. 1 No. 2 (2020): Jurnal Interpretasi Hukum ]]>
Publisher : <![CDATA[Warmadewa Press ]]>
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DOI: 10.22225/juinhum.1.2.2442.94-97
<![CDATA[Illegal levies are a form of crime that is very familiar to the public. Basically, illegal levy and corruption are the same acts where the two acts use power for the purpose of enriching themselves by violating the law. Based on the background of this problem, this research was conducted with the aim of describing the implementation of public services at Pangsan Village office, Petang District and the effectiveness of illegal levies eradication on public services at Pangsan Village office, Petang District. This study employed an empirical legal research method. The results of this study indicated that the implementation of public services at Pangsan Village office, Petang District has met technical indicators in accordance with work procedures. In Pangsan Village, the standard procedures also have the function of forming an orderly, systematic, and accountable work system and workflow. the effectiveness of illegal levies eradication on public services at the Pangsan Village office, Petang District has been very effective through the efforts made to prevent illegal levies in administrative services.]]>
<![CDATA[Efektivitas Undang-Undang No. 35 Tahun 2009 dalam Tindak Pidana Narkotika ]]>
<![CDATA[I Putu Suputra]]>;
<![CDATA[A.A Sagung Laksmi Dewi]]>;
<![CDATA[Luh Putu Suryani]]>
<![CDATA[ Jurnal Interpretasi Hukum Vol. 1 No. 2 (2020): Jurnal Interpretasi Hukum ]]>
Publisher : <![CDATA[Warmadewa Press ]]>
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DOI: 10.22225/juinhum.1.2.2444.98-103
<![CDATA[Currently, drugs in Indonesia are very rampant. The negative impact caused is enormous. Supervision and control as an effort to eradicate and prevent the circulation of narcotics are indispensable for crimes in this field that continue to develop in terms of quality and quantity which lead to the destruction of the nation's new generation. This research was conducted with the aim of describing the application of sanctions against narcotics crimes in decision Number 564/Pid.Sus/2018/PN.DPS and the judge's consideration on the application of sanctions in the Narcotics Crime Decision in Decision Number 564 / Pid.Sus/2018/PN.DPS. This research used a normative legal research method. The results of this study indicated that the application of narcotics criminal sanctions, especially in decision number 564/Pid.Sus/2018/PN.DPS is in accordance with what is stipulated in Law No. 35 of 2009 concerning Narcotics with various articles of bondage and strict laws in accordance with the evidence as evidence of the government's seriousness in providing a deterrent effect, safeguarding, overcoming, and saving or protecting a nation from the dangers of narcotics. In addition, the judge's consideration in making a decision on narcotics crime in decision number 564/Pid.Sus/2018/PN.DPS is in accordance with the evidence, where proof requires at least 2 (two) evidence to consider a fact that is in the trial and is assisted by a judge's decision who will later decide on a case.]]>
<![CDATA[Perlindungan Hukum terhadap Anak di Bawah Umur sebagai Pengemis ]]>
<![CDATA[I Wayan Edy Darmayasa]]>;
<![CDATA[Anak Agung Sagung Laksmi Dewi]]>;
<![CDATA[I Made Minggu Widyantara]]>
<![CDATA[ Jurnal Interpretasi Hukum Vol. 1 No. 2 (2020): Jurnal Interpretasi Hukum ]]>
Publisher : <![CDATA[Warmadewa Press ]]>
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DOI: 10.22225/juinhum.1.2.2445.104-109
<![CDATA[Children are not objects of deviant behavior or inhuman actions by anyone. However, in reality the child exploitation in Indonesia has become a complex problem. This research was conducted with the aim of describing the legal arrangements for children as beggars and the legal protection for minors as beggars. This study used a normative legal research method as well as statutory and conceptual approaches. The results of this study indicated that the regulation of minors as beggars is contained in Article 2 paragraph 1 of the Child Welfare Law No. 4 of 1979 which explains that the right to care for welfare care and guidance with affection is the right of the child as well as the care for the development of children in a healthy and good family. In addition, legal protection for minors as beggars as stipulated in the Child Protection Law No. 35 of 2014 in conjunction with Law No. 23 of 2002 can be in the form of socio-economic health services and adequate education.]]>
<![CDATA[Analisis Penanganan Politik Uang Ditinjau dari Undang-Undang Pilkada ]]>
<![CDATA[I Wayan Febrianto]]>;
<![CDATA[Ida Ayu Putu Widiati]]>;
<![CDATA[Luh Putu Suryani]]>
<![CDATA[ Jurnal Interpretasi Hukum Vol. 1 No. 2 (2020): Jurnal Interpretasi Hukum ]]>
Publisher : <![CDATA[Warmadewa Press ]]>
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DOI: 10.22225/juinhum.1.2.2446.110-115
<![CDATA[Money politics in the regional elections lately has become one of the things that have attracted public attention. Money politics is carried out to get a lot of votes and control the votes in the regional elections. Money politics can have a negative impact on prospective regional election participants. This research was conducted with the aim of describing the regulation of money politics prohibition in the regional elections and the sanctions for regional election candidate participants who commit money politics. This research was conducted using the normative legal method. This research showed that the regulation regarding the prohibition of money politics in regional elections is regulated in Law Number 10 of 2016 concerning the regional elections. In addition, the sanctions for candidates for regional elections who commit money politics are regulated in Law Number 10 of 2016 as amended from Law Number 8 of 2015 concerning the regional elections. Candidates for regional elections who are caught engaging in money politics will be subject to a minimum of 36 months imprisonment and a maximum of 72 months, as well as a minimum fine of IDR 200,000,000 (two hundred million rupiah) and a maximum of IDR. 1,000,000,000 (one billion rupiah).]]>
