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Partisipasi Masyarakat dalam Pemilihan Umum Serentak Tahun 2019 di Kelurahan Ubung Kecamatan Denpasar Utara, Kota Denpasar I Gusti Agung Ayu Diah Aprillia; I Wayan Arthanaya; Luh Putu Suryani
Jurnal Konstruksi Hukum Vol. 2 No. 1 (2021): Jurnal Konstruksi Hukum
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (577.843 KB) | DOI: 10.22225/jkh.2.1.2967.52-56

Abstract

Election is a series of activities in democratic voting. In this regard, the election is regulated in Law Number 7 of 2017, here it explains how the participation of the people of Ubung Village in the context of participating in the 2019 election process. This study aims to determine the election management system according to Law No. 7 of 2017 and knowing about the implementation of the election in Ubung Village. This type of research is empirical research. This research was carried out by going directly to the research location which was located in the Ubung Village. The results showed that the stages in the people's participation in the kelurahan ubung are: in the election process it can be classified into 3 (three) stages, namely: the preparation stage, the implementation stage, and the evaluation stage. So in this regard here it is said that the phase of people's involvement in the election of the Kelurahan ubung is very enthusiastic because almost 49.41% of the registered voters of the Kelurahan ubung and the Permanent Election list come to the polling stations to exercise their voting rights.
Efektifitas Perda Kabupaten Klungkung No 2 Tahun 2010 dalam Upaya Pelestarian Lingkungan di Pantai Watu Klotok Ketut Danu Yudistira; Anak Agung Sagung Laksmi Dewi; Luh Putu Suryani
Jurnal Konstruksi Hukum Vol. 3 No. 1 (2022): Jurnal Konstruksi Hukum
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (165.945 KB) | DOI: 10.22225/jkh.3.1.4238.75-79

Abstract

The environmental condition in Klungkung Regency has shown some signs of increasing environmental damage and pollution. In the context of environmental protection, the Klungkung Regency Government issued Regional Regulation Number 2 of 2010 concerning Control of Environmental Damage and Pollution. Based on the description, the problems faced are how effective Perda No. 2 of 2010 is and what are the obstacles in enforcing Perda No. 2 of 2010. The type of research used is empirical legal research with data collection techniques and field interviews. The effectiveness of the Regional Regulation in an effort to stop the level of pollution on the Watu Klotok beach with preventive and repressive efforts through: administrative sanctions in the form of verbal warnings, written warnings, fines or civil sanctions for environmental damage or pollution. The obstacles encountered include: factors from the implementation of the law itself, factors from law enforcement officials, community culture, economy and public awareness. The conclusion of the research shows that the effectiveness of the regulation has not been implemented effectively by law enforcers in terms of imposing sanctions. Therefore, the Klungkung Regency Government must be more firm and wise in implementing the existing legal regulations.
Kekuatan Akta Pejabat Pembuat Akta Tanah dalam Proses Jual Beli Tanah Kavling Made Agus Satria Wahyudi; Ida Ayu Putu Widiati; Luh Putu Suryani
Jurnal Konstruksi Hukum Vol. 3 No. 1 (2022): Jurnal Konstruksi Hukum
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (205.222 KB) | DOI: 10.22225/jkh.3.1.4241.92-97

Abstract

Keadaan lingkungan di Kabupaten Klungkung telah menunjukkan beberapa tanda peningkatan kerusakan dan pencemaran lingkungan. Dalam rangka perlindungan lingkungan hidup Pemerintah Kabupaten Klungkung mengeluarkan Perda Nomor 2 Tahun 2010 tentang Pengendalian Kerusakan Dan Pencemaran Lingkungan Hidup. Berdasarkan uraian tersebut tujuan penelitian ini adalah untuk membahas efektifitas Perda Nomor 2 Tahun 2010 dan mengkaji kendala-kendala dalam penegakan Perda Nomor 2 Tahun 2010. Tipe Penelitian yang digunakan adalah penelitian hukum empiris, dimana data yang digunakan dalam penelitian ini adalah data primer dan data sekunder. Teknik pengumpulan data wawancara lapangan, dan observasi di lapangan. Hasil penelitian ini menemukan bahwa efektifitas Perda dalam upaya menghentikan tingkat pencemaran di pantai Watu Klotok dengan upaya preventif dan upaya represif melalui: sanksi administratif berupa teguran lisan, teguran tertulis, sanksi pidana denda atau perdata atas kerusakan atau pencemaran lingkungan. Adapun kendala yang ditemui diantaranya: faktor dari implementasi aturan hukumnya sendiri, faktor dari aparat penegak hukum, kebudayaan masyarakat, ekonomi serta kesadaran masyarakat. Kesimpulan dari hasil penelitian menunjukkan bahwa, efektifitas Perda tersebut belum diterapkan secara efektif oleh para penegak hukumnya dalam hal pemberian sanksi. Oleh karena itu Pemerintah Kabupaten Klungkung harus lebih tegas dan bijaksana dalam menerapkan Peraturan Hukum yang ada.
Perlindungan Hukum Bagi Wajib Pajak Progresif Kendaraan Bermotor Di Provinsi Bali Agung Ananda Putria Elda Sukawati; Ida Ayu Putu Widiati; Luh Putu Suryani
Jurnal Interpretasi Hukum Vol. 2 No. 2 (2021): Jurnal Interpretasi Hukum
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (499.842 KB) | DOI: 10.22225/juinhum.2.2.3435.328-333

Abstract

Vehicle tax is included in regional income that can support development through regional revenue and expenditure budgets. Progressive is a tax where the levy is by increasing taxes that must be paid in accordance with the provisions of the tax object. The purpose of this study is to determine the application of progressive tax on motor vehicle taxpayers in Bali Province and to determine legal protection for taxpayers against the imposition of progressive tax on motor vehicles in Bali Province. The method used is empirical legal research. The method used is empirical legal research. Sources of primary legal materials are obtained through research results and it can be concluded that the imposition of progressive vehicle tax can increase regional income towards motor vehicle tax (PKB) which is part of the Bali Province Regional Revenue and Expenditure Budget (APBD) which aims to improve the structure and infrastructure that support the welfare of the local communit. Reducing the number of private vehicle ownership for the community so that it can solve regional problems, namely congestion. Legal protection for progressive taxpayers is often a problem for vehicle owners, because people often do not report that the vehicle has changed hands.
Implikasi Penanaman Modal dalam Negeri terhadap Tingkat Pengangguran di Kawasan Pariwisata Candidasa Karangasem Ni Made Budi Kartika; Desak Gede Dwi Arini; Luh Putu Suryani
Jurnal Preferensi Hukum Vol. 2 No. 1 (2021): Jurnal Preferensi Hukum
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (191.145 KB) | DOI: 10.22225/jph.2.1.3051.73-77

Abstract

Currently Indonesia is a country which has a large population, as well as having natural resources (SDA) which is quite abundant, but the community as well as the Government has not been able to take advantage of the natural resources (SDA) in order to increase growth Economics for tackling unemployment in Indonesia, the basic policy of investing that is Act No. 25 of the year 2007, based on the legislation of local government which has the opportunity to attract investors to infuse capital both domestic and foreign, because it has the potential of karangasem geographically such as mountains and beaches become the main purpose of domestic and foreign tourists. The tourism region of candidasa is well worth to optimize as tourism and facilitate economic growth have a direct impact on the reduction of unemployment in Karangasem Regency. As for the formulation of the problem (1) How the shape of the Domestic capital investment in Candidasa Karangasem? (2) How the implications of investing in the country Against the unemployment rate in the area of tourism Candidasa Karangasem? This study uses empirical methods and qualitative data analysis and quantitative, investing in the country's positive effect to the unemployment which exists in the area of tourism candidasa karangasem, local governments have also been promotes training for job seekers at karangsem.
Pelaksanaan Disiplin Aparatur Sipil Negara di Lingkungan Pemerintah Kabupaten Klungkung Ni Putu Ayu Sutarini Dewi; I Gusti Bagus Suryawan; Luh Putu Suryani
Jurnal Preferensi Hukum Vol. 2 No. 1 (2021): Jurnal Preferensi Hukum
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (206.948 KB) | DOI: 10.22225/jph.2.1.3055.109-113

Abstract

In order to realize national goals, ASN is in charge of providing public services. In serving the community, there are still many ASNs whose performance is not satisfactory in serving the community and many ASNs that violate disciplinary regulations. Discipline violations of the State Civil Apparatus include disobeying obligations and or violating the prohibition of the provisions of the ASN discipline, both those carried out inside and outside working hours. The problem of this research is about the application of penalties to the State Civil Apparatus who violate discipline and inhibiting factors in imposing sanctions. The method used in this study is empirical research with primary and secondary legal materials and legal material collection techniques by directly dropping space, interviews and literature studies. The results of the study were the application of penalties against ASN that violated the rules according to the level of violations committed and applied in accordance with Law No. 53 of 2010. The factors that become a barrier in the implementation of sanctions in the Klungkung Regency Government Environment are caused by the lack of strict attitude of the superiors and the high level of nepotism or kinship system as well as the political conditions in the Klungkung Regency government in general and the Secretariat in particular .
Koordinasi Wewenang Komisi Pemberantasan Korupsi (KPK) dengan Penegak Hukum Lainnya dalam Melakukan Penyidikan Tindak Pidana Korupsi Ni Putu Gita Loka Chindiyana Dewi; I Nyoman Sujana; Luh Putu Suryani
Jurnal Preferensi Hukum Vol. 2 No. 1 (2021): Jurnal Preferensi Hukum
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (204.821 KB) | DOI: 10.22225/jph.2.1.3056.119-124

Abstract

Corruption is a problem in the economy of every nation in the world, whether in Government or private environments. With the promulgation of Act No. 31 of the year 1999 Jo Act No. 20 year 2001. The Government in the year 2002 through Law – Law Number 30 year 2002 about corruption eradication Commission formed corruption eradication Commission (KPK) which is a specialized agency in dealing with the special corruption. At issue is how the authorities of the corruption eradication Commission (KPK) in conducting the investigation, the crime of corruption? And how coordination between the corruption eradication Commission (KPK) and other law enforcement agencies in conducting the investigation, the crime of corruption? The study used is the normative legal research i.e. research examines law is a law written from various aspects, but does not examine aspects of applied or implementation. Approach this research method by means of reviewing all laws, understanding the hierarchy of principles and legislation. The conclusion in May of this research is that in regards to the investigation of criminal acts of corruption, the corruption eradication Commission (KPK) has authority that is doing the coordination and supervision that can perform the takeover against investigation or the prosecution conducted by the Police and the Prosecutor's Office. But in the relationship between the coordination with other law enforcement agencies KPK still haven't made good cooperation.
Perkawinan yang Tidak Dicatatkan dalam Masyarakat Hindu di Bali Pande Putu Gita Yani; I Ketut Sukadana; Luh Putu Suryani
Jurnal Preferensi Hukum Vol. 2 No. 1 (2021): Jurnal Preferensi Hukum
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (189.355 KB) | DOI: 10.22225/jph.2.1.3061.150-155

Abstract

According to Article 2 of Law Number 1 of 1974 concerning Marriage, that marriage is considered valid if carried out according to religion and belief, and registered with civil registration. The divorce process is not stated in the Hindu community in Bali and due to marriage which is not recorded in the Hindu community in Bali. The research method uses a type of normative research, legal research that examines written law and divided aspects. Over time, problems often arise as a result of disharmony in domestic life. As a divorce arises, divorce is the end of a marriage. In Law No. 1 of 1974 the termination of marital ties can be caused by death, divorce, and court decisions. In the trial the divorce case does not have a marriage certificate so it can be replaced with a statement from the village.
Penerapan Peraturan Daerah Kota Denpasar Nomor 3 Tahun 2015 Tentang Pengelolaan Sampah Dewa Gede Agus Anjaswara; I Gusti Bagus Suryawan; Luh Putu Suryani
Jurnal Konstruksi Hukum Vol. 1 No. 1 (2020): Jurnal Konstruksi Hukum
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (222.862 KB) | DOI: 10.22225/jkh.1.1.2134.78-83

Abstract

The city of Denpasar has not been able to carry out waste management properly, even though waste management is very important to reduce the volume of waste, and it can even use waste into useful objects or products. Denpasar City tries to manage waste in Denpasar. The purpose of this research is to find out how the implementation of Denpasar City Regulation Number 3 of 2015 concerning Waste Management and to find out the supporting and inhibiting factors of the enactment of Denpasar City Government Regulation Number 3 of 2015 concerning Waste Management. This study was designed using empirical legal research with a statutory approach. The data collection techniques used in the study were interviews and documentation. The results show that the action of the Denpasar city government against violations of the Regional Regulation of the City of Denpasar Number 3 of 2015 concerning waste management is to implement minor crimes against offenders where those who violate are tried in light criminal court (Tipiring). Then, the supporting and inhibiting factors for the enforcement of Regional Regulation Number 3 of 2015 on Waste Management are the legal basis for cleanliness management that has been issued by the Denpasar City Government in the form of Legislation, Regional Regulations, and the Mayor of Denpasar. Inhibiting factors for the enforcement of Sanctions by Regional Regulation No.3 of 2015 on Waste Management, namely factors of law enforcement officers, facilities and infrastructure factors, and community factors.
Anak Sebagai Korban Tindak Pidana Perdagangan Orang Menurut Undang-Undang No. 35 Tahun 2014 Gede Agus Sukawantara; Anak Agung Sagung Laksmi Dewi; Luh Putu Suryani
Jurnal Konstruksi Hukum Vol. 1 No. 1 (2020): Jurnal Konstruksi Hukum
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (248.733 KB) | DOI: 10.22225/jkh.1.1.2138.220-226

Abstract

Children are a mandate and a gift from God Almighty. Dignity as a human being is also inherent in them. Children are the potential successor and young generation who carry forward the ideals of the nation's struggle. They have a strategic role and special characteristics that ensure the continuity of the nation and state in the future. In order for each child to be able to bear this responsibility in the future, she/he needs to have the widest possible opportunity to grow and develop optimally, physically, mentally, socially, and nobly. Therefore, it is necessary to make efforts to protect the welfare of children by providing guarantees for the fulfillment of their rights as well as treatment without discrimination. This research was conducted with the aim of describing how the legal protection of children as victims of trafficking in persons based on Law Number 35 of 2014 concerning Child Protection and how the sanctions against the perpetrators of child trafficking. The research method used in this research was normative legal research. The results of this study indicated that legal protection for children as victims of trafficking in persons based on Law Number 35 of 2014 concerning Child Protection includes the protection of dignity, as well as recognition of human rights possessed by children based on legal provisions of abuse. In addition, the sanctions against the perpetrators of child trafficking are regulated in Law Number 21 of 2007 concerning the Eradication of the Crime of Trafficking in Persons.