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[Perlindungan Hukum bagi Pekerja Penyandang Disabilitas pada PT. Sumber Alfaria Trijaya ]]>
<![CDATA[I Wayan Tika Tambunan]]>;
<![CDATA[I Nyoman Putu Budiartha]]>;
<![CDATA[Ni Made Puspasutari Ujianti]]>
<![CDATA[ Jurnal Interpretasi Hukum Vol. 1 No. 2 (2020): Jurnal Interpretasi Hukum ]]>
Publisher : <![CDATA[Warmadewa Press ]]>
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DOI: 10.22225/juinhum.1.2.2447.116-121
<![CDATA[At present, there are cases of persons with disabilities being employed in a retail company in the Bali area. The Manpower Act provides provisions for companies to employ people with disabilities. Therefore, companies are required to provide accessibility. This research was conducted with the aim of describing the implementation of legal protection for workers with disabilities at PT. Sumber Alfaria Trijaya based on Law Number 13 2003 and the factors that become obstacles in the application of legal protection for workers with disabilities at PT. Source Alfaria Trijaya. The research method used is an empirical legal research method with a factual approach and a statutory approach. Based on the results of data analysis, the implementation of legal protection provided by PT. Sumber Alfaria Trijaya towards workers with disabilities has not been fulfilled, namely in terms of providing qualified accessibility. Several factors inhibiting the implementation of legal protection efforts for workers with disabilities, namely the law enforcement factor itself and the community factor. So the government is expected to further optimize the supervision of companies that have not implemented the mandate of the law and provide socialization and guidance to companies and workers on the importance of rights and obligations.]]>
<![CDATA[Perlindungan Hukum terhadap Anak Panti Asuhan yang telah Berusia Dewasa ]]>
<![CDATA[Ida Ayu Prawita Utami Putri]]>;
<![CDATA[Anak Agung Sagung Laksmi Dewi]]>;
<![CDATA[I Nyoman Sutama]]>
<![CDATA[ Jurnal Interpretasi Hukum Vol. 1 No. 2 (2020): Jurnal Interpretasi Hukum ]]>
Publisher : <![CDATA[Warmadewa Press ]]>
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DOI: 10.22225/juinhum.1.2.2448.122-126
<![CDATA[There are a lot of children who are less fortunate to be born without their parents for various reasons. An orphanage is a place where they live by self-taught in order to gain proper knowledge in order to reach maturity. With the existence of the orphanage, the government has helped facilitate all the needs of a child who is not fortunate because independently builds identity and knowledge. An orphanage is a place for children born without parents with the task of raising and providing proper education and accompanying children to adulthood and are able to sort out and choose the way forward. This research was conducted with the aim of describing the legal protection of adult orphanage children. The research method used in this research was a normative legal research method. The results of this study indicated that the orphanage guarantees child protection when the child is in the orphanage environment so that they are released from outside reach even though the child is an adult. Some orphanages make their own rules whereby a child who enters and joins as a foster child or resides in an orphanage gets a family card that is binding like a family card in general, especially if the child does not have parents, either father or mother, and a place to live.]]>
<![CDATA[Perkawinan yang Salah Satu Pihak belum Bercerai secara Sah di Desa Pohsanten ]]>
<![CDATA[Kadek Diki Putra Wardana]]>;
<![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.1.2.2449.127-131
<![CDATA[Marriage for the second time can be carried out by the parties who have been married if there is legal certainty regarding the previous marital status. The incident in Pohsanten Village was that the separation of the marriage was carried out in the presence of the traditional Prajuru only. This research was conducted with the aim of describing the validity of the marriage which is carried out by married couples who have not legally divorced and how to resolve marriages in which one of the parties has not legally divorced. The research method used was an empirical legal research method with a sociology of law approach. The results of this study found that the legality of the marriage was actually not legal, but the results obtained in the Pohsanten Village stated that the marriage was legal because the woman covered her original status which was still valid with her first husband. In the settlement of the divorce case, Bendesa Adat carried out mediation which aims to find a solution. Because the husband is still working abroad, the divorce has only just been completed at the village level by making a divorce statement.]]>
<![CDATA[Perjanjian Jual Beli Tanah Hak Milik Debitur Pailit yang Dijaminkan di Bank ]]>
<![CDATA[Leomardo Ebedkena Tabuni]]>;
<![CDATA[I Made Arjaya]]>;
<![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.1.2.2450.133-137
<![CDATA[In connection with the sale and purchase agreement for the land owned by a bankrupt debtor who is guaranteed at the bank, of course, there will be a consequence of a legal action. The result of the legal action in question is regarding the transfer of land title if the debtor breaks his promise or does not carry out his obligations. Creditors holding Guarantee Rights Guarantee (separatist creditors) may execute the guarantee, as if there was no bankruptcy. However, in exercising his executive rights, there is a time limit for separatist creditors in accordance with Article 56 of the Bankruptcy Law. After passing this period of time, the curator then carries out the management and settlement under the supervision of the supervisory judge. The purpose of this research is to study and find out about the legal arrangement and procedures for the settlement of sale and purchase of land owned by a bankrupt debtor which are guaranteed at the bank. This study uses a normative legal research method, with a statutory approach and a conceptual approach. The results of this study are: firstly, the credit agreement creates a debt and credit relationship, in which the debtor is obliged to pay back the loan given by the creditor (bank); secondly, in accordance with the requirements for a debtor who has two or more creditors and there is a debt and one debt is due and can be collected. After fulfilling these requirements, those who have been registered through the clerk of the court, further examination by the Chief Justice will be carried out to obtain a permanent bankruptcy decision for Ninety days, and ultimately, a summon of the parties to a verification meeting is carried out.]]>
<![CDATA[Pengawasan Pemerintah Daerah terhadap Usaha Pertambangan Galian C di Kabupaten Ngada ]]>
<![CDATA[Matius Ade Krispian Soba Nono]]>;
<![CDATA[I Ketut Kasta Arya Wijaya]]>;
<![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.1.2.2451.138-141
<![CDATA[Mining of rock minerals in the sandstone and gravel type is a mining commodity owned by the people of Naru village which requires supervision by the local government. Unfortunately, there are still problems in monitoring mining activities of excavation C, which are not in accordance with mining principles. This study aims to determine the role of the local government in the supervision of mining excavation C as well as the factors that influence the existence of the C mining activities in Ngada Regency. This research uses an empirical legal method, which is a study examining problems according to facts that take place in the field. The results show that the Ngada Regency Government no longer has the authority to supervise the mining since it has been taken over by the Provincial Government, starting with the issuance of Law No. 23 of 2014 concerning the Regional Government. The factor hampering the mining supervision and licensing process is that it is difficult for miners and mining companies to apply for permits whereas business owners are obliged to obtain mining permits from the Provincial Government. Given the great distance, this has been one of the factors causing many illegal mining activities to occur in Ngad Regency.]]>
<![CDATA[Kedudukan Hukum Wanita yang Mulih Daha di Banjar Munggu Kecamatan Mengwi Kabupaten Badung ]]>
<![CDATA[Ni Komang Tri Intan Suaristiwayani]]>;
<![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.1.2.2452.142-147
<![CDATA[For Balinese indigenous people, a woman returning to her parents’ home due to divorce has the status of mulih daha. With this status, a woman will have swadharma (obligations) and swadikara (rights) just like before the marriage took place in their respective homes. Several women who have experienced a mulih daha case have visited Banjar Munggu to regain their rights and carry out their obligations. This study examines the procedure for the return of a Balinese woman with the status of mulih daha and their customary position in Banjar Munggu Mengwi Badung. To achieve this goal, this research was conducted using an empirical legal research method with a sociological approach to law. Data were collected through selecting and summarising the data obtained from applicable legal provisions into relevant data with the object of the study. The results reveal that a woman with mulih daha status as a result of divorce does not have the right to inherit from her husband’s assets and / or that of their parents’, except from joint assets in inheritance. In Banjar Munggu Mengwi, the inheritance provisions for women with mulih daha status are clearly stipulated in the Awig-Awig of Banjar Adat, stipulating that every woman with the status of mulih daha is prohibited from joining in the village organisation.]]>
<![CDATA[Pembagian Harta Warisan Ditinjau dari Kitab Undang-Undang Hukum Perdata ]]>
<![CDATA[Ni Luh Gede Suwarni]]>;
<![CDATA[I Nyoman Putu Budiartha]]>;
<![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.1.2.2453.148-152
<![CDATA[Indonesia has experienced rapid development from ancestral ages to modern ages in terms of its people living with daily-supporting facilities. In other words, the Indonesian people live with a legacy which is then developed. Regarding inheritance, this study examines two legal issues: (1) distribution of inheritance according to the Civil Code and (2) settlement of disputes over distribution of inheritance results according to the Civil Code. This study was designed using a normative legal research method design; the data were collected by applying note-taking and analysing techniques based on legal materials. Based on the results of data analysis, it is found that in terms of its form there are three types of rights and obligations of an heir: openbaar testament, a form of inheritance made by a notary, in which case, the person who will transfer the inheritance appears before a notary and declares his will; olographis testament, a form of inheritance realising in writing by hand and is affixed by the hand of the inheritor (elgenhading / gedepoecerd); and a secret testament, a form of inheritance that requires the transfer of inheritance by written evidence, made by the person transferring the inheritance but not necessarily handwritten. There are two forms of dispute resolution related to inheritance through litigation, namely the general court, which in this case is the district court, the authority to examine disputes and the commercial court of a special court that is within the environment of a general court that has the competence to examine and decide an application for participation and postponement of debt payment obligation (PKPU) and disputes over intellectual property rights (HaKI).]]>
<![CDATA[Pengelolaan Objek Wisata Tirta Empul oleh Desa Adat Manukaya Let Tampaksiring ]]>
<![CDATA[Ni Putu Dewi Julianti]]>;
<![CDATA[I Ketut Sukadana]]>;
<![CDATA[I Putu Gede Seputra]]>
<![CDATA[ Jurnal Interpretasi Hukum Vol. 1 No. 2 (2020): Jurnal Interpretasi Hukum ]]>
Publisher : <![CDATA[Warmadewa Press ]]>
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DOI: 10.22225/juinhum.1.2.2454.153-157
<![CDATA[Indonesia is a country that is well known for the charm of its tourist attractions. The area in Indonesia having the most striking tourist objects is Bali. Bali has been an area known as the island of a thousand temples; the thickness of traditional culture combined with modern culture is its main attraction. One of the tourist objects offering aesthetic value in Bali is Tirta Empul, a place that is believed to be a place for bathing (melukad) with several springs that can make a person’s condition better than earlier. The purpose of this research is two-fold: to examine the management of the Tirta Empul tourist attraction in the Manukaya Let Tampaksiring Customary Village and to reveal the obstacles experienced by the customary villages in maintaining and managing these tourist objects. This study uses a normative legal research design. The results show that the village government made an agreement with the Tourism Office with the aim of developing Tirta Empul tourism attraction and preserving local culture. Some problems or deficiencies in smoothing the goal of cooperation include the lack of intention of the village community in managing the Tirta Empul tourist attraction, equipment and facilities that support cleaning of their respective tourist attractions and the number of tourists who do not pay attention to cleanliness by littering carelessly despite the many trash cans provided, thus creating heas.]]>
<![CDATA[Implementasi Perda Kabupaten Gianyar tentang Retribusi Izin Mendirikan Bangunan terhadap Bangunan Pariwisata di Kabupaten Gianyar ]]>
<![CDATA[Putri Amelia Meirini]]>;
<![CDATA[Wayan Wesna Astara]]>;
<![CDATA[I Nyoman Sutama]]>
<![CDATA[ Jurnal Interpretasi Hukum Vol. 1 No. 2 (2020): Jurnal Interpretasi Hukum ]]>
Publisher : <![CDATA[Warmadewa Press ]]>
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DOI: 10.22225/juinhum.1.2.2455.158-163
<![CDATA[Every founder of a tourism building in Gianyar Regency is required to have a Building Permit (IMB) and pay the levies according to the regional government (Bupati) of Gianyar Regency. The government establishes a procedure for the construction of tourism buildings because they are one of the business fields of providing accommodation which is supervised by the Supervisor of the Investment Service and One Stop Integrated Service of the Gianyar Regency area who is appointed by the Regent and employees who are assigned certain tasks in the area of regional retribution according to applicable legal rules. The issues the present examines are the legal arrangement for permits for the construction of tourism buildings in Gianyar regency and the implementation procedures for the Gianyar Regency Regional Regulation Number 14 of 01 concerning Building Permit Retribution, especially for tourism buildings in the district. The type of research used is the empirical research, which requires the researcher to collect data by coming to the research locus which is in the One Stop Investment and Integrated Service Office and the Civil Service Police Unit Office (Satpol PPl) of Gianyar. The results of the study reveal that the permit to construct tourism buildings is granted by the local government through the application process for building a tourism building permit which must follow the principles of prime and affordable service in accordance with Regional Regulation No. 14 of 01. Law enforcement in granting building permits and paying IMB levies in Gianyar Regency is executed out by giving sanctions to legal entities or building owners who violate the applicable regulations.]]>
<![CDATA[Kewenangan Pemerintah Provinsi Bali dalam Pengawasan terhadap Pramuwisata yang Tidak Berlisensi ]]>
<![CDATA[Putu Ananda Sari]]>;
<![CDATA[Ida Ayu Putu Widiati]]>;
<![CDATA[I Nyoman Sutama]]>
<![CDATA[ Jurnal Interpretasi Hukum Vol. 1 No. 2 (2020): Jurnal Interpretasi Hukum ]]>
Publisher : <![CDATA[Warmadewa Press ]]>
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DOI: 10.22225/juinhum.1.2.2457.164-168
<![CDATA[Control of unlicensed tour guides is the authority of the Bali provincial government through Civil service police Unit (Satpol PP) as a form of oversight of all regional regulations, especially regional guide regulations. SatPol PP is granted the authority to supervise by the government and cooperate with court police and tourism institutions in the law enforcement system. This study discusses the authority of the Bali Provincial Government in supervising unlicensed tour guides and sanctions against unlicensed tour guides. The method used to achieve these goals is the empirical legal research method, which is to conduct field research through interviews and taking notice of the existing phenomena in society related to the problems being studied. The results of the data analysis show that the government is provided the authority by statutory regulations through Law Number 10 of 009 concerning Tourism and Regional Regulation of the Province of Bali Number 5 of 2016 concerning Tour Guides. Supervision is carried out through preventive and repressive measures and is in the law enforcement system. Sanctions are applied to tour guides who are not licensed by imposing sanctions in the form of fines through court proceedings and tour guides who commit violations will be subject to tourism violations in the form of fines. The implementation is carried out through the secrets of the tour guides when carrying out their duties in each tourism area in Bali. Guiding secrets are executed through the control function in each working area.]]>
