Luh Putu Suryani
Fakultas Hukum Universitas Warmadewa, Denpasar

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Perlindungan Hukum terhadap Hak-Hak Korban dalam Perdagangan Manusia dari Persepektif Hak Asasi Manusia Agus Yogik Palguna; I Nyoman Gede Sugiartha; 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 (480.059 KB) | DOI: 10.22225/jkh.2.1.2956.1-4

Abstract

The crime of trafficking in persons often occurs among women and children. This case is mostly among adult women; this is due to demands (less economic) so that trafficking in persons often occurs. The government must eradicate this case and provide legal protection for victims of trafficking in persons so that women and children are not arbitrarily treated by traffickers. The type of research used is juridical normative; a study the discussion of which is based on laws and legal materials. The results of the analysis show that the criminal sanctions given to the perpetrators must be really sanctions that give a deterrent effect, so that the perpetrators do not repeat their mistakes. In addition, the existence of sanctions can reduce criminal cases of trafficking in persons against women and children, and no one treats women and children arbitrarily, and no longer makes women and children victims of trafficking in persons. So that children and women can become the next generation of the nation to be proud of themselves and others.
Kedudukan Perancang Peraturan Perundang-Undangan dalam Pembentukan Peraturan Daerah I Dewa Gede Anggarisna; I Gusti Bagus Suryawan; 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 (365.646 KB) | DOI: 10.22225/jkh.2.1.2964.37-40

Abstract

This study aims to determine the position and duties of the designer in the formation of regional regulations and the implementation of the designer's participation in the formation of regional regulations in Bali Province. The method in this legal research uses empirical legal research. The results show that the position and duties of the drafters of legislation in the formation of regional regulations play an important role, namely preparing to process and formulate all legal instruments and matters related to the design of legislation, while in the formation of regional regulations in Bali Province, the implementation of participation, namely the statutory designer is still there are 3 regencies / cities that have not involved the designer in the formation of local regulations. The comparison of the number of perda revoked from 2014-2019 between Provinces / Districts that involve designers and districts / cities that have not involved designers does not show a significant comparison of numbers. However, in 2018 the implementation of Designer Participation. In the Formation of Regional Regulations in the Province of Bali, it was started from the beginning to the end. So that the implementation of the participation of the new designer begins to run effectively. The legal consequence is that if the designer does not explicitly include the statutory regulations it does not explicitly state the sanctions so that there is an empty norm.
Tinjauan Yuridis Tindak Pidana Kebiri dalam Perspektif Hak Asasi Manusia I Gede Fajar Manggala; Anak Agung Sagung Laksmi Dewi; 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 (484.04 KB)

Abstract

The actions of a person who does something that is detrimental to others, for example torture, harassment, murder to result in death are required to be accountable for their actions. This study aims to determine the regulation of castration from a human rights perspective and to determine the sanction of castration from a human rights perspective. The method used is normative legal research which is carried out by recording and studying based on legal materials. The results of the study show that the punishment for castration is a maximum of 15 years and a maximum fine of five billion rupiah is a government action in an effort to eliminate discriminatory actions against a person's human rights. The government's decision regarding the sanctions given to perpetrators of the criminal act of castration is considered excessive by the National Human Rights Commission because it violates human rights and is too serious for the perpetrators but is still supported in order to eliminate acts of abuse against children as the nation's next generation.
Akibat Hukum Pekerja Anak Menurut Undang-Undang Nomor 13 Tahun 2003 I Gusti Ngurah Winda Aditya Putra; I Nyoman Putu Budiartha; 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 (577.434 KB) | DOI: 10.22225/jkh.2.1.2968.57-61

Abstract

Children who are born into this world will automatically become the successor of the nation and become the pride of their parents. However, the economic difference between each child and their parents causes many of them to work from an early age and even decide to stop taking education to meet their needs. This study aims to analyze the legal consequences of employing children from a legislative perspective. This study uses a normative legal research method, which is literature law which refers to the legal norms contained in statutory regulations. The results of the study show that any work done by a child cannot be separated from the supervision of the parents and has received permission from the parents. A good education makes the nation's successors broaden the knowledge they have that can be used later when doing a job. Employing a minor child is an offender who can be given a criminal sanction of happiness that is snatched when the child is already doing work, making the child become mentally retarded or thought and his age is no longer compatible.
Pelaksanaan Peraturan Daerah Tata Ruang Kabupaten Gianyar terhadap Pembangunan Fasilitas Pariwisata Sempadan Sungai Ayung I Kadek Darmayasa; I Putu Gede Seputra; 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 (490.92 KB) | DOI: 10.22225/jkh.2.1.2969.62-67

Abstract

Overcoming the negative impacts on the environment and to create good spatial planning. Gianya Regency carries out spatial use control through zoning, licensing, intensive and disintensive spatial planning. This study aims to analyze the arrangements for the development of river border tourism facilities and to find out the implementation of Regional Regulation Number 16 of 2012 concerning the Gianyar Regency Spatial Plan in the construction of tourism facilities. The research method used is empirical legal research. This study chose a location in Banjar Kedewatan Anyar, Kedewatan Village, Ubud District, Gianyar Regency. The results of the analysis show that the regulation of river border tourism facility development in positive law in Indonesia is contained in Law Number 26 of 2007 concerning Spatial Planning. Apart from this Law, river borders are also regulated in Government Regulation Number 26 of 2008 concerning National Spatial Planning. For the sake of harmony with the existing legislation, the Gianyar Regency Region has also made the Gianyar Regency Regional Regulation Number 16 of 2012 concerning the 2012-2032 Regional Spatial Plan which regulates river boundaries in Article 37 Paragraph 2 describes development carried out near River areas that have been given development rules in rural rivers. From the Implementation of Regional Regulation Number 16 of 2012 concerning the Regional Spatial Plan of Gianyar Regency in the construction of tourism facilities it has been going well but it can be seen through calculations calculated by the Head of the Spatial Planning Division that 89% has been implemented well and 11% is still there a deviation.
Perlindungan Hukum Bagi Pekerja UD. Alam di Banjar Pendem Kabupaten Jembrana I Komang Angga Triyadi Giri; I Nyoman Putu Budiartha; 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 (470.584 KB) | DOI: 10.22225/jkh.2.1.2971.72-75

Abstract

Every job has its own risk, including the quiet work of UD. Natural. This study aims to determine the form of legal protection of UD. Nature in carrying out his work accident insurance. This type of research uses empirical law. The results showed that the form of legal protection is the responsibility of UD. Nature that has been given to workers in the form of economic protection where workers are given a district / city minimum wage (UMK), technical protection where workers are given time to adjust to the tools used in companies that are not yet commonly used, and social protection where the UD. Nature pays for medical treatment and provides compensation in the form of cash, if one of her employees has a work accident. Until now, UD. Alam has not registered his workers in the work accident insurance program so that the work accident insurance program at UD. Alam Banjar Pendem Jembrana Regency has not been implemented effectively. Then, economic factors become an obstacle to UD. Alam has not registered its workers into the work accident insurance program, this is due to the heavy burden borne by employers to pay work accident insurance contributions and also the procedures for applying for work accident insurance are always hampered by incomplete requirements so it takes too long to register workers into the work accident insurance program.
Peran Polisi Hutan dalam Menanggulangi Pembalakan Liar/Illegal Logging dalam Kawasan Hutan di Kabupaten Jembrana Provinsi Bali I Made Adi Endra Supardi; Anak Agung Sagung Laksmi Dewi; 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 (337.239 KB) | DOI: 10.22225/jkh.2.1.2973.81-85

Abstract

Forests must be managed properly so that their functions and benefits are maintained. One of the problems related to the forestry sector is the large number of illegal logging practices in a number of provinces in Indonesia. Eradication of Illegal Logging in Law of the Republic of Indonesia Number 18 of 2013 concerning the prevention and eradication of forest destruction. This study aims to determine the duties and roles of forest rangers in preventing illegal logging in the forest area of ​​Jembrana Regency and to analyze the obstacle factors of forest rangers in preventing illegal logging in the forest area of ​​Jembrana Regency, Bali Province. This study uses an empirical method with a statutory approach. The data used are primary and secondary data obtained through interviews and documentation. The data obtained were then analyzed through qualitative descriptive. The results showed that the Forestry Police had a role to supervise the implementation of every activity that caused damage to the forest area of ​​Jembrana Regency. Factors that become obstacles in carrying out the role of forest rangers in preventing illegal logging in the Jembrana Regency Forest Area are terrain, facilities and equipment, sincerity, concern and firm commitment, the number of personnel, new methods of crime, and factors of local residents. Forest rangers must involve residents around the forest in an effort to prevent illegal logging considering that the obligation to conserve forests is not only the responsibility of the government but also the responsibility of all forest border residents, especially in Jembrana Regency.
Pengelolaan Sampah Plastik Rumah Tangga dalam Rangka Pencegahan Pencemaran Lingkungan (Study di Lingkungan Kelurahan Pedungan Kecamatan Denpasar Selatan Kota Denpasar) I Made Ode Dwiyana Putra; I Nyoman Gede Sugiartha; 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 (327.161 KB) | DOI: 10.22225/jkh.2.1.2974.86-91

Abstract

Plastic waste is waste that cannot be decomposed and is very dangerous to environmental health conditions because it is a non-organic waste. Prevention of environmental pollution occurs due to littering. Especially problems in the management of waste generated by households. This study aims to analyze the policy of managing household plastic waste as an effort to prevent environmental pollution in the Pedungan Village area of ​​Denpasar City and to explain the factors that influence the management of household plastic waste in Pedungan Village. This study uses empirical legal research. The approach to the problem used is a fact approach, a case approach and a sociological approach. The data used are primary and secondary data. Data were analyzed and arranged systematically using qualitative analysis, namely by analyzing data obtained from primary and secondary data sources. The results showed that the Pedungan Urban Village area has issued a policy regarding the Decree of the Head of the Pedungan Village Number: 660/04 / I / 2019 concerning the Management Structure of the Pedungan Asri Waste Bank in Pedungan Village. This waste bank is responsible for managing plastic waste in the Pedungan village. The waste bank accepts plastic waste to be recycled back into goods that have more useful and economic value. The two factors that affect the management of plastic waste in the Pedungan Village area include local residents and immigrants.
Tanggung Jawab Hukum terhadap Adanya Wanprestasi dalam Perjanjian Sewa Menyewa Rumah Toko (Ruko) I Made Sukayasa; I Nyoman Putu Budiartha; 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 (330.746 KB) | DOI: 10.22225/jkh.2.1.2976.97-101

Abstract

Economic competition is a priority for business actors in various regions and cities, so that many renovation of buildings are carried out with the construction of shop-houses. The economic system is increasingly developing, so the shophouses that have been built can be used as a means of buying and selling. Shophouses are often known as shop houses or residences which are used as a place of business and usually these shophouses are built parallel to other shop buildings. This study aims to describe the certainty of the Shophouses rental agreement and explain the legal responsibility if one of the parties defaults on the implementation of the Shophouses rental agreement. This research is designed to use normative law, which is literature law which refers to the legal norms contained in statutory regulations. The statutory approach is to carry out a study based on the law as the basis for this research, while the data sources used are primary and secondary legal data. Data is obtained through legal science books without deviating from positive law in order to form a conclusion. The results showed that an agreement between the tenant and the owner of the building can create rights and obligations between the parties that are written in an agreement, this has been regulated in the Criminal Code. The lessee has the obligation to assign rights, namely the building that is leased to the tenant and has the right to get payment from the tenant for the leased building. The tenant may not transfer the rights to the building he leases and if there is a dispute in the future between the parties, it must be resolved because of default.
Efektivitas Aparatur Sipil Negara dalam Pelayanan Publik Disdukcapil Kota Denpasar I Putu Baladeva Vidyasagara; Ida Ayu Putu Widiati; 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 (348.049 KB) | DOI: 10.22225/jkh.2.1.2978.109-115

Abstract

Making a Family Card is very important and only the state civil apparatus can process it, so the effectiveness and transparency of the community at the Denpasar City Civil Registry is very important in the process of public services. This study aims to analyze the public service arrangements and explain the constraints on the effectiveness of state civil apparatus of the Department of Population and Civil Registration, Denpasar City public services. The research method uses a descriptive empirical with a qualitative method. The data source is primary data through interviews and field observations. The results showed that the public service arrangements for Department of Population and Civil Registration, Denpasar City were civil registration documents such as Family Card, Identity Card, Certificate of Population includes a certificate of transfer, certificate of birth and certificate of death. Family Card is the document most frequently maintained at Department of Population and Civil Registration, Denpasar City. The effectiveness of state civil apparatus of Department of Population and Civil Registration, Denpasar City service is theoretically good, but the quality needs to be improved with the application of a digital system in the procedure for creating population documents. The obstacle found was the lack of responsiveness of service employees. Responses regarding input from the community are not being heard. In addition, the main obstacle is the lack of coordination between various service units which are related to one another, which is lack of coordination. As a result, there are often overlapping or conflicting policies between one service agency and other related service agencies