cover
Contact Name
Nyoman Gede Sugiartha
Contact Email
konstruksihukumjurnal@gmail.com
Phone
+6281237083338
Journal Mail Official
konstruksihukumjurnal@gmail.com
Editorial Address
https://ejournal.warmadewa.ac.id/index.php/jukonhum/about/editorialTeam
Location
Kota denpasar,
Bali
INDONESIA
Jurnal Konstruksi Hukum
Published by Universitas Warmadewa
ISSN : 27465055     EISSN : 28099648     DOI : doi.org/10.22225/jkh
Core Subject : Social,
Jurnal Konstruksi Hukum is a law of student journal articles for Law Science published by Warmadewa University Press. Jurnal Konstruksi 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 january, may and september, 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.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 340 Documents
Akibat Hukum terhadap Tindak Pidana Perjudian Balap Liar di Kota Denpasar Gede Indra Yasa Asiawan; 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 (537.266 KB) | DOI: 10.22225/jkh.1.1.2141.109-114

Abstract

Every citizen has different characteristics and desires every day including Indonesian citizens from young people to old ones have varied ambitions in life and action. The behavior of each individual in order to achieve various goals, either hobbies or ways of living life which is also limited by government regulations that require a person to obey the current positive laws. This research discusses how the regulation of gambling of illegal racing in Denpasar City and how the effect of consequences of gambling of illegal racing in Denpasar City. The method used in this research is a type of normative legal research which is carried out by the method of recording and reviewing legal materials. The results of this study indicate that the regulation of criminal acts committed by adolescents in illegal racing has not been regulated in certain regulations, but the acts committed by these teenagers have violated the provision of Law No. 22 of 2009, while the final result of the sanctions imposed by the police on gambling of illegal racing is not very effective, because the sanctions are only in the form of warnings and then called by their respective parents, if they are caught doing it again or someone is still doing it and gets the same act then their vehicle is ticketed or detained. As for preventive legal protection regarding prevention, it has been carried out not only from the police, but from the community, village heads or village officials and especially parents whose children are involved in this group, who contribute more in overcoming and preventing future actions that breaks the law.
Penegakan Hukum terhadap Pembuangan Limbah Cair oleh Usaha Garmen di Kabupaten Gianyar Gede Krisna Adi Putra; I Putu Gede Seputra; 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 (544.172 KB) | DOI: 10.22225/jkh.1.1.2142.115-119

Abstract

Gianyar Regency is one of the districts in Bali which is a favorite of tourists. Many of these tourists are interested in local garment products, so many small garment industries are developing. However, of the many garment industries there are still many who are less concerned with disposing of the liquid waste produced by the garment without processing it first to make it more eco-friendly. Based on this background, this research was conducted with the aim of describing how to monitor the disposal of liquid waste by garment businesses in Gianyar Regency and what are the obstacles to law enforcement against garment businesses that dispose of liquid waste in Gianyar Regency. This research was designed using the empirical legal method. This research was conducted in Gianyar Regency. The results of this study indicated that the supervision of liquid waste disposal in Gianyar Regency was carried out by the Environmental Service Office of Gianyar Regency by checking the documents owned by the garment business owner. Then, they compiled a monitoring report based on facts and field findings. Finally, the Gianyar Regency Environmental Service made recommendations and submitted recommendations on the results of the supervision. The barriers to law enforcement against garment businesses that dispose of liquid waste in Gianyar Regency are legal facilities, law enforcement officers, facilities and facilities, permits, public legal awareness.
Sanksi Pidana terhadap Pengasuh Tempat Penitipan Anak terhadap Kematian Anak yang Diasuh Gede Made Agus Paramartha; I Ketut Sukadana; I Made Minggu Widyantara
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 (566.484 KB) | DOI: 10.22225/jkh.1.1.2143.120-124

Abstract

Children are one of the gifts entrusted by God Almighty to every parent. They have the obligation to supervise and maintain the development of each child. Children should also be cared for properly by their parents, but it is not uncommon for children to be cared for by others through child care services. When a child is under supervision at a child care service, there is negligence by the caregiver which causes the death of the child. Based on this background, this study aimed to describe how the legal protection for children who are left in a child care center and what are the criminal sanctions for the caregivers of child care center toward child deaths. This research was conducted using the normative legal method. The results of this study showed that children who are left in a child care center get legal protection to prevent children from getting acts that threaten the child's psyche. Legal protection is specifically regulated in Law Number 35 of 2014 concerning child protection. In addition, the criminal sanction for caregivers of child care toward the death of a child refers to article 359 of the Criminal Code with the risk of a sentence of 5 years in prison.
Implementasi Undang-Undang Nomor 24 Tahun 2011 Tentang Badan Penyelenggaraan Jaminan Sosial pada PT. Horiko Abadi Kabupaten Buleleng Gede Oscar Geovani; I Nyoman Putu Budiartha; Putu Ayu Sriasih Wesna
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 (515.411 KB) | DOI: 10.22225/jkh.1.1.2144.125-129

Abstract

Social security provides protection for workers in the socio-economic risks that befall workers in carrying out their work in the form of work accidents, illness, old age, or death. This thesis discusses the implementation of Law Number 24 of 2011 concerning the Social Security Administration at PT. Horiko Abadi, Buleleng Regency. Based on the description above, this study aims to determine the application of Law Number 24 of 2011 concerning the Social Security Administration at PT. Horiko Abadi, Buleleng Regency 2 legal sanctions against the company in the event of a violation of the provisions of the social security program. The research method used is the empirical juridical method. The location of this research was conducted at PT. Horiko Abadi, Buleleng Regency, a company engaged in the breeding of shellfish and pearl cultivation. Based on the research results, PT. Horiko Abadi has implemented social security protection for all permanent employees in the company in accordance with the provisions of Law Number 24 of 2011 concerning Social Security Administering Bodies, and sanctions for companies that have not implemented the provisions of Law Number 24 of 2011 Regarding the Social Security Administering Body, it is still in the guidance or warning stage until the company concerned can carry out the provisions of the legislation.
Kedudukan Alat Bukti Website dalam Penanganan Tindak Pidana Terorisme (Studi Putusan Nomor 140/PID.SUS/2018/PN.JKT.SEL) Gemaya Wangsa; Anak Agung Sagung Laksmi Dewi; I Wayan Arthanaya
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 (506.928 KB) | DOI: 10.22225/jkh.1.1.2145.130-134

Abstract

The development of information technology and correspondence resulted in a shift in the format of print media to digital media, so that this growth was followed by the continuation of the development of a new criminal class that rode digital media in criminal acts of terrorism. This study aims to determine the regulations for the use of website evidence and the position of using website evidence in handling terrorism crimes in case number 140 / Pid.Sus / 2018 / PN.Jkt.Sel. This research uses a normative legal exploration method whose data comes from the determination related to the use of website evidence in Article 184 of the Criminal Code. The results of the research show that the determination of the exploitation of website evidence, which when based on Article 184 of the Criminal Procedure Code, means that electronic material is not classified as an abash instructional device classification, but if it is based on statutory regulations in a special crime, the electronic evidence media has resistance as a valid evidence, this can be seen in the provisions of Article 5 paragraph (1) of the ITE Law which are reaffirmed in the provisions of Article 44 of the ITE Law. Utilization of electronic evidence in the process of evidence in court is sourced from website evidence in law enforcement for criminal acts of terrorism in the Case Number 140 / Pid.Sus / 2018 / PN.Jkt.Sel scandal. Criminal Procedure, especially Article 184 of the Criminal Procedure Code, but has a judicial guideline that the judge cannot refuse to explore and decide the matters brought against him, provided that the law is unclear or non-existent, then the judges' rules should expose the meaning of continued and continuous law in the consortium, up to the provisions as contained in the ITE Law which regulates electronic instruction instruments as valid instruction devices.
Perlindungan Hukum bagi Konsumen dalam Transaksi Jual Beli melalui Media Elektronik dengan Sistem ”Dropship” Gusti Ayu Dwi Dhyana Amrita; Ni Luh Made Mahendrawati; Ni Made Puspasutari Ujianti
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 (608.293 KB) | DOI: 10.22225/jkh.1.1.2146.135-139

Abstract

The activity of buying and selling using the dropshipping system is a trading activity in which the seller does not have stock of the goods he is selling, but only promotes goods through images uploaded to his or her online shop. If the seller gets an order from a consumer, the seller cannot directly confirm the condition of the goods to be sent to the consumer because the supplier who will send it uses the seller's identity. This study aims to determine and study legal protection for consumers in buying and selling via electronic media using the dropshipping system, and to find out and study the legal consequences that arise if there is default in buying and selling via electronic media using the dropshipping system. The results showed that legal protection for consumers in buying and selling through electronic media using the dropshipping system can be done in a preventive and repressive manner, and the legal consequences that arise if there is default in buying and selling using the dropshipping system, namely the loss suffered by consumers is the responsibility of the seller because The seller is the party who makes a direct agreement with the consumer, not the supplier. Therefore, the public is expected to be more careful in conducting transactions via electronic media so that they do not suffer their own losses.
Implementasi Prinsip Kehati-Hatian (Prudential) dalam Pemberian Kredit Pembiayaan Konsumen Pada PT. Clipan Finance Indonesia Tbk. I Gede Agus Putrayasa; I Nyoman Putu Budiartha; Desak Gede Dwi Arini
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 (851.944 KB) | DOI: 10.22225/jkh.1.1.2147.145-151

Abstract

Indonesia is a developing country, in the last decade it has progressed quite rapidly, even though this progress was marked by difficult times because it had just emerged from a prolonged economic crisis. The purpose of this study is to determine how the implementation of the principle of prudence (prudential) in providing consumer financing credit at PT. Clipan Finance Indonesia Tbk. And what actions are PT. Clipan Finance Indonesia Tbk. if there is a delay in installment payments by consumers, causing bad credit. The research method used in this research is empirically by looking for information at PT. Clipan Finance Indonesia Tbk. Through interviews with the addition of related literature, which is then processed descriptively qualitatively. Data collection techniques using primary data sources (interviews) and secondary data sources (literature). The results showed the implementation of the prudential principle in providing consumer financing credit at PT. Clipan Finance Indonesia Tbk. is to apply the five of credit or 5 Cs, namely character, capacity, capital, collateral, and conditions of economy, in which the application of these principles applies two methods by combining consideration and empirical methods. This method fully emphasizes the credit analyst's analytical expertise. After receiving consideration, the credit analyst prepares a standard amount of evaluation value according to the considerations above to pass or reject a credit request. Actions taken by PT. Clipan Finance Indonesia Tbk. if there is a delay in installment payments which causes problem / bad credit is PT. Clipan Finance Indonesia Tbk. will give warning letters from I to III with certain stages, after these stages are unsuccessful PT. Clipan Finance Indonesia Tbk. negotiate with consumers and find the best solution.
Kedudukan Laki-Laki Nyentana pada Wanita yang Memiliki Saudara Laki-Laki di Desa Bantas Kabupaten Tabanan I Gede Pasek Darsana Wiratama; I Ketut Sukadana; Diah Gayatri Sudibya
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 (560.046 KB) | DOI: 10.22225/jkh.1.1.2148.152-156

Abstract

Marriage is a very important thing in human life, with the aim of forming a household. In Balinese society, there is a nyentana marriage, in which a family does not have a son. However, along with the development of families in Bali, they married Nyentana even though they had a son for certain reasons. The formulations of the problems in this study are: 1) What is the position of men who are sedentary according to Balinese customary law? 2) How do men inherit rights to women who have brothers? This type of research is empirical law. The approach to the problem used is sociology of law. The data used are primary data obtained from field studies by interviewing informants. Secondary data were obtained from literature study. The result of this research is the position of men who are sedentary according to Balinese customary law as predana, in general, have the same rights and obligations as men in the family. These rights and obligations are like those of a family head in general. The right to inherit male nyentana to women who have brothers is said to be abolished because the male only continues the offspring in the wife's family.
Kepemilikan Hak Atas Tanah dalam Perkawinan Campuran I Gede Wardana Oka Sastra Wiguna; I Nyoman Putu Budiartha; I Putu Gede Seputra
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 (745.386 KB) | DOI: 10.22225/jkh.1.1.2149.157-163

Abstract

The study of this research is a review of the ownership of land rights for husbands / wives as a result of the existence of mixed marriages, currently mixed marriages exist in various circles of Indonesian society, the cause of this legal incident is the result of the fast and easy development of the times, and is supported by international relations that continue to increase. With the occurrence of many mixed marriages in Indonesia, legal protection in mixed marriages should be accommodated properly in the legislation in Indonesia. The purpose of this research is to understand the arrangement of ownership of land rights according to Law Number 5 of 1960 concerning agrarian principles and to know the status of ownership of land rights that can be owned in mixed marriages. Researchers use normative techniques, namely normative legal research methods or library law research methods, which are methods or methods used in legal research conducted by examining existing library materials. This research illustrates that the ownership of land rights according to Law Number 5 of 1960 concerning Basic Basic Agrarian Regulations in general, land rights can be in the form of property rights, land use rights, land use rights, and finally use rights which are between one and one rights. Other rights have different meanings in terms of limitations on legal subjects of ownership and limitations on the duration of ownership. The status of ownership of land rights that can be owned in mixed marriages is attached to people who have Indonesian citizenship and in mixed marriages the problems of ownership of the rights over can be resolved by a marriage agreement made between the parties.
Fungsi Partai Politik dalam Pendidikan Politik Masyarakat I Gede Wijaya Kusuma; Ida Ayu Putu Widiati; 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 (561.063 KB) | DOI: 10.22225/jkh.1.1.2150.164-169

Abstract

One of the functions of political parties in legislation is as a means of political education and socialization. Political parties are obliged to disseminate their political discourse to the public. However, in its implementation in the field, there are still political parties that have not maximized their function in providing political education to the public. This study discusses (1) What is the function of political parties in providing public political education and its influence on public participation in general elections? (2) What are the implications of political parties that do not implement public political education? This research was conducted by using normative legal research methods, primary and secondary sources of legal materials, methods of collecting legal materials using statute records and others, and analyzing legal materials using descriptive analysis methods. The results of this study indicate that according to Law No.2 of 2011, one of the functions of political parties is to provide political education as a means of education for the wider community to become Indonesian citizens who are aware of their rights and obligations in public. The importance of political education carried out by political parties to the maximum and in its actual essence will be able to have a very good impact on society, which means that people are able to become people who are aware of their obligations in giving choices to political parties or candidates who are true and sincere in terms of welfare. people. The implication of political parties that do not carry out public political education is to cause a decrease in public participation in general elections and this will also lead to apparently unhealthy political conditions and allow high abstention due to low levels of public participation.

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