cover
Contact Name
Nyoman Gede Sugiartha
Contact Email
interpretasihukumjurnal@gmail.com
Phone
+6281237083338
Journal Mail Official
interpretasihukumjurnal@gmail.com
Editorial Address
Jl. Terompong No.24, Sumerta Kelod, Kec. Denpasar Tim., Kota Denpasar, Bali 80239
Location
Kota denpasar,
Bali
INDONESIA
Jurnal Interpretasi Hukum
Published by Universitas Warmadewa
ISSN : 27465047     EISSN : 2809977X     DOI : https://doi.org/10.22225/juinhum
Core Subject : Social,
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.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 260 Documents
Peran Masyarakat dalam Upaya Pelestarian Hutan Taman Nasional Bali Barat di Desa Eka Sari Ni Putu Eka Dharma Yanti; I Nyoman Gede Sugiartha; Luh Putu Suryani
Jurnal Interpretasi Hukum Vol. 3 No. 2 (2022): Jurnal Interpretasi Hukum
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/juinhum.3.2.5066.287-291

Abstract

The role of the community in the management of the West Bali National Park Conservation area is to actively involve the community in the management of the Conservation area. Ekasari Village is one of the supporting villages for the West Bali National Park Center. This research examines two things: The role of the community in preserving the forests of the West Bali National Park in Ekasari Village and the Application of Legal Sanctions If People Do Violations. The purpose of this research was to determine the role of the community in forest conservation. This research is an empirical research writing and a sociological approach, the legal materials are sourced from primary legal materials with descriptive data analysis. The results showed that the role of the people of Ekasari Village played an active role in the preservation of the West Bali National Park. If members of the Ekasari Village community commit a violation, they will be subject to sanctions according to what is stipulated in the customary village awig-awig. In addition, sanctions are imposed on Law No. 5 of 1990 Violation of the above provisions can be subject to criminal penalties
Pendaftaran Kewarganegaraan Anak Hasil Perkawinan Campuran Novitasari Kusuma Dewi; Anak Agung Sagung Laksmi Dewi; Luh Putu Suryani
Jurnal Interpretasi Hukum Vol. 3 No. 2 (2022): Jurnal Interpretasi Hukum
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/juinhum.3.2.5064.275-281

Abstract

Marriages that occur between foreign nationals and Indonesian citizens are mixed marriages. The development of the times makes it easier for someone to interact, so that mixed marriages occur which involve differences in nationality between partners. Based on this, this study aims to analyze and describe the regulation of the citizenship status of children from mixed marriages and registration of citizenship of children from mixed marriages. The method used in this study is normative law that uses a statutory approach and analysis of legal concepts derived from the literature. The results of this study indicate that the regulation of the citizenship status of children resulting from mixed marriages is regulated in Law Number 12 of 2006 concerning Citizenship of the Republic of Indonesia. Children resulting from mixed marriages have the right to declare and choose their citizenship no later than 3 (three) years after turning 18 (eighteen) years old or already married. The procedure for registering children resulting from mixed marriages must be registered in writing in the Indonesian language by a legal guardian or parent. Registration is done online through the pewarganegaraan.ahu.go.id website or by submitting complete requirements to the President of the Republic of Indonesia inside or outside the territory of Indonesia, the Minister of Law and Human Rights.
Relaksasi Kredit terhadap Debitur dimasa Pandemi Covid-19 di Koperasi Hening Rahayu Kabupaten Tabanan Gusti Putu Ngurah Gita Pradnyana Putra; I Nyoman Putu Budiartha; Ni Made Puspasutari Ujianti
Jurnal Interpretasi Hukum Vol. 3 No. 2 (2022): Jurnal Interpretasi Hukum
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/juinhum.3.2.5065.282-286

Abstract

The credit relaxation process for the Hening Rahayu Cooperative is a breath of fresh air for debtors who are in default during the COVID-19 pandemic. This study aims to analyze and describe credit relaxation for debtors during the COVID-19 pandemic at the Hening Rahayu Cooperative, Tabanan Regency. This research was conducted at the Hening Rahayu Cooperative in Tabanan Regency. This type of research uses empirical legal research, namely a problem approach that is seen in terms of legal rules with the facts on the ground.” The results obtained: The criteria for non-performing loans can be seen from if the debtor is unable to carry out his obligations as stated in the loan agreement. Handling non-performing loans with a credit relaxation process, which can be done by rescheduling, re-requirements, and restructuring.
Sita Conservatoir terhadap Hasil Pertanian dalam Praktek Peradilan Ni Made Puspasutari Ujianti; Ida Bagus Wimba Pratama; Anak Agung Sagung Laksmi Dewi Dewi
Jurnal Interpretasi Hukum Vol. 1 No. 1 (2020): Jurnal Interpretasi Hukum
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/juinhum.1.1.2175.1-6

Abstract

The development in judicial practice appears as the prevalence of seizure of confiscation (conservatoir beslag) of agricultural products which in fact have not been regulated in article 227 HIR (Herziene Inlandsch Reglement) / 261 RBg (Rechtsreglement voor de Buiten-gewesten), so the judge must track down a legal basis in order to the decision handed down is more objective and justifiable. Departing from these conditions, the true confiscation of agricultural products needs to be explored through a scientific way. Therefore, through this research the issues related to the conservatoir beslag and its development in judicial practice are brought up as the object of the study. In this regard, there are two issues raised: (1) What is the arrangement for the placement of conservatoir beslag on agricultural products? (2) What is the legal basis for the judge’s consideration in granting the conservatoir beslag on agricultural products? The two issues are featured using the juridical-normative method and the statute and conceptual approaches. The results show that as stipulated in the applicable law, implementing the confiscation on the agricultural products in judicial practices can be executed even though it is not regulated in the HIR / RBg, in that such a confiscation on agricultural irreplaceable in a confiscation without including the confiscation of the land. This is because it is so difficult to estimate whether these agricultural products will be able to meet the demands of the plaintiff (creditor) or not.
Akibat Hukum Malpraktik yang Dilakukan oleh Tenaga Medis Julius Roland Lajar; Anak Agung Sagung Laksmi Dewi; I Made Minggu Widyantara
Jurnal Interpretasi Hukum Vol. 1 No. 1 (2020): Jurnal Interpretasi Hukum
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (627.573 KB) | DOI: 10.22225/juinhum.1.1.2177.7-12

Abstract

Malpractice refers to an act of negligence or an act with the correct standard operating procedures but causes harm to consumers, in this case the patients and this can threaten the health and safety of the patient. Malpractice committed by medical personnel is certainly very detrimental to those who need medical treatment and greatly affects the hospital’s integrity which is certainly the center for all medical actions. Based on this, this study examines what the legal regulatory for medical personnel who commit malpractice and how to sanction his speech are. To uncover the issues a normative research method is used by applying the legislative approach that examines the applicable laws and regulations and a conceptual approach to reviewing library materials in the form of theories and opinions of legal experts. The legal regulatory for malpractice actions by medical personnel are regulated in several laws and regulations providing basic guidelines regarding malpractice actions committed by medical personnel. The regulations are found in the medical and health laws which provide legal certainty for the injured. This is a characteristic of the law itself in upholding justice. Malpractice acts committed by health workers have been regulated in the legislation No. 23 of 1992 concerning Health and the Medical Code of Conduct in force. In addition there are sanctions for the actions of medical personnel commiting malpractice, including criminal sanctions, civil sanctions, administrative sanctions and moral sanctions.
Pemberantasan Penyalahgunaan dan Peredaran Narkotika Melalui Pararem Desa Adat Pancasari Kadek Andy krisnanta; I Made Suwitra; I Wayan Arthanaya
Jurnal Interpretasi Hukum Vol. 1 No. 1 (2020): Jurnal Interpretasi Hukum
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (534.232 KB) | DOI: 10.22225/juinhum.1.1.2178.13-18

Abstract

The increase in the spread of narcotics in Indonesia is influenced by the rapid population growth. Bali is one of the global tourist destinations and has become a spot for the spread of narcotics and other dangerous substances. The eradication of narcotics in the area in turn requires the synergy of various components in order to suppress and limit the space for dealers both small and large scale. The collaborative effort to eradicate the distribution and abuse of narcotics is carried out by BNNK Buleleng by cooperating with traditional villages through the issuance of a pararem concerning Narcotics in Desa Pancasari, the Sub-district of Buleleng. This research makes use of empirical legal methods. Data were analysed qualitatively, descriptively and systematically. The collaboration between BNNK Buleleng and the Desa Adat of Pancasari in the form of Pararem Number 01/DPP-II/2019 concerning Narcotics is used as a tool to eradicate the existence of narcotics with the aim to limit the space for spread starting from the smallest scope of society. Then, in terms of effectiveness, the Pararem Number 01/DPP-11/2019 in the eradication of narcotics abuse and circulation in the Desa Adat of Pancasari has been effective with the full support of the village government and indigenous peoples as well as the role of the BNNK Buleleng as a supervisor that until now there has been no violation of the Pararem in the indigenous villages of Pancasari.
Kedudukan Anak Luar Kawin yang Diangkat oleh Kakeknya di Desa Batukaang, Kecamatan Kintamani, Kabupaten Bangli Ni Nyoman Oktaviani; Ketut Sukadana; Ni Made Puspasutari Ujianti
Jurnal Interpretasi Hukum Vol. 1 No. 1 (2020): Jurnal Interpretasi Hukum
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (626.877 KB) | DOI: 10.22225/juinhum.1.1.2179.19-23

Abstract

Children born out of wedlock are children born to a woman who does not have a legal marriage relationship with a man who has made her give birth to the child. The child does not have a perfect position in the standpoint of the law like a legitimate child in general. The birth of a child is crucial in every family. In terms of family life, children are descendants of the next generation so a child has the right to life and identity as an effort to protect the law. The problem how the adoption of a child born beyond official marriage by his grandfather in Desa Batukaang, the Sub-district of Kintamani, Bangli Regency is executed and what is the inheritance system for such an adopted child in Batukaang Village, Kintamani District, Bangli Regency? The child was appointed by his own grandfather and the reason for the appointment was that the adoptive grandfather did not have a son. The type of research used in this research is an empirical study with a juridical-sociological approach. Types of data are primary data and secondary data, collected through interview and literature review. The procedure for the adoption of the child execution is through customary or noetic way, which is to carry out extortion ceremonies where offerings are religiously and legally made and the child is legally made as a legitimate child in general. Ultimately, the child is legitimate to be the child of the adopting grandfather both in a customary and inheritance legal system, the child inherits all inheritance from the grandfather.
Perlindungan Hukum terhadap Penerima Lisensi Paten dalam Alih Teknologi Kadek Devi Arta Adnyani; I Nyoman Putu Budiartha; Ni Made Puspasutari Ujianti
Jurnal Interpretasi Hukum Vol. 1 No. 1 (2020): Jurnal Interpretasi Hukum
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (538.637 KB) | DOI: 10.22225/juinhum.1.1.2180.24-29

Abstract

License is a contract between the licensor (Licencor) with the licensee (License) in which the licensor with a payment and in certain circumstances gives permission to the licensee to use an intellectual property rights (intellectual property rights). Regarding the types of licenses according Lee and Davidson, differentiate into 2 (two) types of licenses, namely Exclusive and Non Exclusive licenses. Patent license agreements are basically subject to and refer to the provisions of the agreement adopted by the Indonesian State in the Indonesian Civil Code. In this day and age the licenses as outlined in the agreement have the form of standard agreements or standard contracts, in a licensing agreement because it uses a standard contract, it has the potential to cause an imbalance of the parties because some licensing agreements (Lisensor) use clauses that can harm the licensee (License). Refressive legal protection is used, if a license agreement with a standard contract or standard contract used by the licensor of the patent (Licencor) to the recipient of a patent license (License), if it violates a subjective condition in making a patent license agreement then it will cause legal consequences can be canceled (Vernietigbaarheid) whereas if it violates an objective condition it will have legal consequences null and void (Neitigbaarheid).
Kedudukan Hak atas Tanah Waris Warga Negara Indonesia yang Berpindah Kewarganegaraan Kadek Hapsari Ika Palupi; Ida Ayu Putu Widiati; I Wayan Arthanaya
Jurnal Interpretasi Hukum Vol. 1 No. 1 (2020): Jurnal Interpretasi Hukum
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (303.857 KB) | DOI: 10.22225/juinhum.1.1.2181.30-36

Abstract

A person’s citizenship status has an impact on obtaining guarantees of rights from the state. Indonesian citizens are granted the right to obtain ownership rights to land in Indonesia, but not to those who have changed their citizenship status. The case is different if a citizen acquires the rights of ownership over land due to inheritance. In this regard, this study addresses two questions: 1) how is the inheritance rights in Indonesia based on the Civil Code regulated? ) What is the position of inheritance rights of Indonesian a citizen who has changed his/her citizenship status? This study uses a normative legal research method with a statutory approach and a conceptual approach to achieve these goals. The results indicate that the regulation of inheritance rights in Indonesia is realized through the enactment of three types of inheritance law, namely Customary Inheritance Law, Islamic Inheritance Law and Civil Code Inheritance Law. In the Civil Code of Inheritance Law there are groups that distinguish between heirs and wills whose contents shall not conflict with legitieme portie (absolute part) and shall relate to its inheritance which is land. Then, there are other rules that need to be obeyed namely Indonesian Republic Law Number 5 of 1960 concerning Basic Regulations of Agrarian Principles. The status of ownership rights of land of an Indonesian citizen who has changed his/her citizenship status transfers to the state if the said citizen does not transfer the status of his/her land inheritance within one year from his transfer of citizenship.
Perlindungan Hukum Bagi Kreditur Bank pada Perjanjian Kawin dalam Perkawinan Campuran Kadek Megah Bintaranny; I Nyoman Putu Budiartha; I Wayan Arthanaya
Jurnal Interpretasi Hukum Vol. 1 No. 1 (2020): Jurnal Interpretasi Hukum
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (331.448 KB) | DOI: 10.22225/juinhum.1.1.2182.37-43

Abstract

The problem faced by the couple of a mixed marriage in Indonesia is that there are provisions in Indonesian law regarding the incorporating of assets immediately into joint property after the marriage. But on the other hand, there are laws regulating that foreigners may not own property rights in Indonesia, so joint property involving a number of properties in the form of movable or immovable property will be impossible for foreigners to own. This study examines two issues: the legal protection for third party, the bank creditors relating to the status/property status of a married couple in mixed marriages in a marriage agreement and the legal consequences of non-performing loans related to the couple’s property if they commit defaults. To uncover these two matters, the study was conducted using the normative legal research method. The results show that creditors are protected in a preventive and repressive manner. Legal consequences for husband or wife property for bank creditors if the debtor is bound in the mixed marriage defaults depend on the form of the marriage agreement made. A husband or wife who is an Indonesian citizen as a debtor is permitted to guarantee the material security of his assets freely and can be taken as collateral for repayment by the bank’s creditors if the debtor is in default.

Page 1 of 26 | Total Record : 260