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[Akibat Hukum Perjanjian Hutang Piutang dengan Persyaratan Dokumen Palsu (Studi Kasus Pengadilan Negeri Denpasar) ]]>
<![CDATA[Putu Dila Parmila]]>;
<![CDATA[I Nyoman Putu Budiartha]]>;
<![CDATA[Ni Gusti Ketut Sri Astiti]]>
<![CDATA[ Jurnal Interpretasi Hukum Vol. 1 No. 2 (2020): Jurnal Interpretasi Hukum ]]>
Publisher : <![CDATA[Warmadewa Press ]]>
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DOI: 10.22225/juinhum.1.2.2458.169-174
<![CDATA[Corruption has become an extraordinary crime, because its existence greatly affects economic growth in Indonesia. There are many factors that influence the criminal acts of corruption to occur; usually because the perpetrator has the authority so it is very easy to carry out the action. There are many ways to carry out this corruption, one of which is by falsifying documents that are used as conditions for conducting debt-receivables agreements. The objects that this research examines are the legal consequences of the accounts payable agreement with the requirements for false documents and the factors of the occurrence of the accounts payable agreement with false document requirements and settlement flow. The method used to examine these two issues is the normative legal research method. Based on the results of data analysis, it was found that: disbursement of funds resulting from falsification of data or documents indicated that the defendant would not be convicted of the forgery article, but was charged with committing a criminal act of corruption because the result of his action was loss of state assets; The main factor affecting the occurrence of a criminal act of corruption is the bad faith of the defendant himself and also from the factor of authority he is being granted, so that he can make use of the opportunity to carry out his actions.]]>
<![CDATA[Penanganan terhadap Anak Pelaku Tindak Pidana Penganiayaan yang Terlibat dalam Geng Motor di Wilayah Badung ]]>
<![CDATA[Ria Putriliana Waskita]]>;
<![CDATA[A.A 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.1.2.2459.175-180
<![CDATA[A bike gang refers to a group of youths (teenagers) having the same school background in an area who are members of a two-wheeled motor vehicle user community. The criminal act of maltreatment committed by a group of biker gang in Bali has violated the provisions of the applicable criminal law. With regard to the fact, the urgency of the modus operandi of the criminal act of maltreatment committed by biker gang and the legal protection for young biker gang who commit crimes of maltreatment are examined in the present study. The method used in this research is the empirical method. The modus operandi appeared as the mode applied by criminals to commit criminal acts and the implementation of legal protection against bikers who committing the criminal act of maltreatment in the Badung District Police jurisdiction is through not overriding the children’s rights as child defendants, such as the right to legal assistance at every level of examination in line with procedures determined by law. It would be better if, in implementing criminal sanctions, law enforcers take the condition of the community, the perpetrators of crimes, into account in order to foster legal awareness within them.]]>
<![CDATA[Bentuk Perlindungan Hukum bagi Nasabah terhadap Pembobolan Rekening Nasabah oleh Pegawai Bank ]]>
<![CDATA[Riadhi Tedi Putra]]>;
<![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.1.2.2461.181-185
<![CDATA[Legal protection for customers as consumers in the banking sector is an urgent matter, considering that there have been many incidents of theft of money through customer account hacking, even by bank employees themselves. The type of banking crime observed in this study is a banking crime involving bank employees. The choice of this type of crime is based on the fact that the majority of banking crimes that have recently occurred are committed by people involved as bank management team, so the causative factors need to be found immediately in order to determine the appropriate preventive measures. Based on this, the study uncovers two issues: (1) the form of legal protection for the bank customer regarding the theft of their money through the hacking of their account by a bank employee and (2) the bank’s liability for the theft of money that is committed through hacking of the customer account by bank the employee itself. This study uses a normative research method with a statute approach, a case approach, and a conceptual approach. The results showed that legal protection for bank customer with regard to the theft of money through hacking of customer account by bank employee was realised in the form of a warning against the offender of the hacking. The liability of the bank for the hacking of the customer account by its employee is through the collection and management of customer funds who was the victim of such hacking was carried out based on the principle of trust to ensure the safety of public deposits in the bank.]]>
<![CDATA[Pengawasan Dinas Lingkungan Hidup terhadap Pembuangan Sisa Limbah Industri Rumah Binatu ]]>
<![CDATA[Sang Kompiang Kurnia Yudha Putra]]>;
<![CDATA[I Wayan Arthanaya]]>;
<![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.1.2.2462.186-190
<![CDATA[Indonesia is well-known as a developing country being rich in tourist objects and its people who have been opening many businesses to earn more income. One of the businesses that are interrelated with the world of tourism is a laundry house service, engaged in laundry services, which makes this business attractive to a lot of residents and whose services are often used by tourism places. The laundry house industry is growing rapidly along with the increasing activity of residents. In this regard, this study examines two issues: (1) the supervision of the Environmental Agency on the laundry house industry in the disposal of waste residue and (2) the application of sanctions against perpetrators of violations of waste disposal as seen from the Regional Regulation of the City of Denpasar Number 11 of 2015. The method use to achieve these objectives is the method of empirical legal research which is carried out by conducting research examining the arising problems based on legal rules and then related to the realities in the field. The Environmental Agency of Denpasar City has enforced control of the breaking pf rules that have occurred; if there is a laundry house that violates it, a written statement is be issued but if the laundry house does not repair the waste treatment system, a warning letter is be issued. Ultimately, if the violation continues to take place, decisive repression in light criminal act is executed in collaboration with the local civil service police unit.]]>
<![CDATA[Tindak Pidana Pemerkosaan dalam Perspektif Perlindungan Hukum Perempuan ]]>
<![CDATA[Teo Dentha Maha Pratama]]>;
<![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.1.2.2463.191-196
<![CDATA[A criminal act refers to an act that is prohibited by legal regulations accompanied by threats in the form of sanctions such as the application of certain crimes. The criminal act of rape in the Criminal Code is included in the category of decency. Criminal acts of rape can be referenced from the Book II of the Criminal Code. In this regard, this study focuses on two issues: (1) legal protection of women victims of rape from a women’s legal perspective and (2) criminal sanctions against perpetrators of the criminal acts of rape against women. This study makes use of the normative method because there is an empty norm. Legal protection for women as victims of rape correlatable in Article 285 of the Criminal Code Paragraph (1) and Paragraph (2) as well as the Domestic Violence Law (KDRT) Number 23 of 2004 Article 46 concerning Sexual Violence in the household. This regulation only regulates the sanctions for perpetrators of the acts of rape against women. Sanctions for perpetrators of the rape against women are regulated in Article 285 Paragraph (1) and Paragraph (2) which can also be seen in Law Number 23 of 2004 Article 46 concerning the Elimination of Domestic Violence with imprisonment or the same fine.]]>
<![CDATA[Tanggung Jawab dan Wewenang Notaris/PPAT terhadap Kekeliruan dan Pembatalan Akta Jual Beli Tanah ]]>
<![CDATA[Yogi Kristanto]]>;
<![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.1.2.2465.197-202
<![CDATA[Notary as the Land Deed Official is an additional authority granted by law to carry out legalization of legal binding by the community, especially in the land sector. Therefore, the notary’s authority as the Land Deed Making Official is not to make any mistake in issuing an authentic deed which results in the cancellation of the agreement made. This study discusses two issues: the liability and authority of the Notary as the official for making land deed if a mistake or cancellation of the land sale and purchase certificate occurs and the legal consequences if it has taken place. The research method used in this research is normative legal research method. The results of the research show that the liability of the Notary as the Land Deed Making Official for his / her mistakes is in the form of civil liability in the form of material and immaterial compensation, criminal liability in the form of imprisonment of at least 6 years and a maximum of 8 years, and administrative liability in the form of written warning to disrespect dismissal. The legal consequence is that the Notary’s license as a Land Deed Official can be revoked and the land deed he has made can be canceled or null and void.]]>
<![CDATA[Fungsi Komisi Penyiaran Indonesia terhadap Pelanggaran Siaran Televisi ]]>
<![CDATA[Anak Agung Ayu Mas Merta Sari]]>;
<![CDATA[Anak Agung 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.1.2.2467.18-23
<![CDATA[Broadcasting through television media is an effective and efficient way to convey information, education and inspiration to the public or society. The information that is presented must have been packaged in such a way that it is interesting to display. However, in practice, there are frequent violations of television broadcasting, especially violating broadcasting code of conduct and broadcast program standards. For this reason, this study aims to determine the regulation of television broadcasts in Indonesia, and to determine the sanctions for violations of television broadcasting. The research method used is normative research with several problem approaches, namely the conceptual approach and the statutory approach. Sources of legal materials used are primary and secondary legal materials. Based on the research that has been done, it shows that the regulation of television broadcasts carried out by the Indonesian Broadcasting Commission is expected to be able to regulate broadcasts so that they do not deviate from broadcast corridors that are in accordance with sound broadcast standards or categories and are able to provide inspiring information and education to the public watching the broadcast. The imposition of sanctions for stations that violate must also be firmer and have a deterrent effect so that the same incident does not occur again. For this reason, it is better if the government, television stations, and the community must work together to create healthy broadcasts not only based on ratings and material benefits, but must be based on the concept of healthy and inspiring education among the public.]]>
<![CDATA[Pertanggungjawaban Pidana Pada Anak Terhadap Pelanggaran Lalu Lintas yang Menyebabkan Kematian ]]>
<![CDATA[I Made Dwi Satya Anggara]]>;
<![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.1.2.2476.203-207
<![CDATA[Lately, the number of children who often do criminal traffic violations, It is so menghawatirkan because it is not uncommon to traffic violations cause a crash to arise the victim died. Not only that, problems also arises in terms of responsibilities, in this case the victim died from a traffic offence committed. The purpose of this research is to analyse the responsibility of children against traffic offences which cause the victim's death. The method used in writing this essay is primary legal material. Based on the research conducted found that the age of the child greatly influences the overthrow of punishment on the child. Children aged under 14 years can only be charged penalties act whereas the provision of criminal sanctions is a child aged over 14 years to 18 years old according age limit child according to Act No. 35-year 2014 About child protection article 1 point 1. Provision of criminal sanctions of prison-related responsibilities against the crime that he had arranged with the penalty provisions based on ½ (one-) maximum threat from adults in accordance to article 81 paragraph (2) of Act No. 11 years 2012 about the criminal justice system.]]>
<![CDATA[Analisis Putusan Hakim Pengadilan Tindak Pidana Korupsi Denpasar (Putusan No : 42/Pid.Sus-TPK/2015/PN Dps) ]]>
<![CDATA[I Made Suartana]]>;
<![CDATA[I Made Minggu Widyantara]]>;
<![CDATA[I Nyoman Gede Sugiartha]]>
<![CDATA[ Jurnal Interpretasi Hukum Vol. 1 No. 2 (2020): Jurnal Interpretasi Hukum ]]>
Publisher : <![CDATA[Warmadewa Press ]]>
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DOI: 10.22225/juinhum.1.2.2477.208-212
<![CDATA[The aim and purpose of this research is to analyze “the abuse of authority in official travel orders that have implications for corruption.” The legal issues arising out of this research comprises: What is the Legal Basis of Denpasar Corruption Court Judges in taking into consideration and imposing criminal sanctions under Decision No. 42/Pid.Sus-TPK/2015/PN Dps, and What is the Juridical Analysis toward the Decision No. 42/Pid.Sus-TPK/2015/PN Dps issued by Denpasar Corruption Court Judges. This research is a normative legal research adopting a number of approaches i.e. Statute Approach, Conceptual Approach, and Case Approach. Based on this research’s output may conclude that: 1) Crime/Corruption Offense is a crime specifically governed by Law No. 20 of 2001 of which law was enacted as an amendment to previous Law No. 31 of 1999 that also govern Eradication of Crime or Corruption; 2) By virtue of Decision No. 42/Pid.Sus-TPK/2015/Pengadilan Negeri Denpasar, Defendant was proven to have infringed Article 3 of Law No. 31 of 1999 amended by Law No. 20 of 2001 on Crime/Corruption Eradication that under the decision of which all acts committed by the Defendant have been proven to infringed all elements of crime charged in the subsidiary indictment as follows: 1) Element of “Every person”; 2) Element of “The aim of benefiting themselves or other people or a corporation”; 3) The Element of “Abusing the authority, opportunity or facility provided to him/her due to his/her position or office; and 4) Element of “Probable detrimental to the State's finance or economys.”]]>
<![CDATA[Peralihan Hak Atas Tanah Melalui Jual Beli Berdasarkan Hukum Adat ]]>
<![CDATA[I Made Krishna Dharma Kusuma]]>;
<![CDATA[Putu Gede Seputra]]>;
<![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.1.2.2478.213-217
<![CDATA[Humans cannot be separated from the name of land, because land is the one who revives humans and living creatures around it in the progress of the current era of land has Economic Value. Land is the main and largest capital of Indonesia, land is the only capital. The problems of this study are 1) what are the procedures for the transfer of Land Rights according to Customary Law? 2) How is the power of the Law of Sale and Purchase of Property Rights on Land according to Customary Law? The research method used is a normative legal research method, with a literature study of primary and secondary legal materials. The results of the study can be concluded that: 1) the transfer of rights to land according to customary law is valid if the act of light and cash is carried out. The purpose of the sale and purchase agreement is in the presence of PPAT (Land Deed Official) and Witnesses in the transfer of rights to the land and the witness is the head of the village and the local community, which in cash means that there are two actions which are carried out simultaneously, namely the transfer of rights from the seller to the buyer and payment of prices in part or in full from the buyer to the seller. 2). The act of buying and selling that has a good intention is seen when the parties that make a sale and purchase of land rights ask to be done before the Customary Chief / local Village Chief. In the Civil Code the legal protection of buyers with good intentions, if the sale and purchase agreement is carried out based on Customary Law has been protected by the provisions of article 1338 paragraph (3) of the Civil Code.]]>
