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Jurnal Interpretasi Hukum

juinhum
Website

Published by Universitas Warmadewa

ISSN : 27465047 EISSN : 2809977X DOI : https://doi.org/10.22225/juinhum

Core Subject : Social,

Law, Crime, Criminology & Criminal Justice

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 338 Documents

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Sanksi Pidana terhadap Pelaku Tindak Pidana Penggelapan dalam Situs Jual Beli Online Made Rony Setiawan; A.A. Sagung Laksmi Dewi; Ni Made Sukaryati Karma
Jurnal Interpretasi Hukum Vol. 1 No. 1 (2020): Jurnal Interpretasi Hukum
Publisher : Warmadewa Press

Nowadays in the world of electronic transactions many deviant acts are found, and are not based on existing legal norms, which mostly occur in the online trading system. Online sales and purchases are sometimes only based on trust, which means that the perpetrators of trade are sometimes unclear. Thus, this study was conducted to determine the legal arrangements regarding the actions that have been carried out by business actors to consumers and criminal sanctions imposed on perpetrators of embezzlement in online trading sites. This study uses a normative method because there are still vague norms, based on the opinions of legal scholars and the Law. Prohibition of business actors in marketing activities is regulated in Article 9 paragraph 1 of the Consumer Protection Act prohibiting business actors from offering, promoting, advertising goods and / or services incorrectly or as if the goods have fulfilled and have discounted prices, special prices , certain quality standards, certain styles or modes, certain characteristics, certain history or uses, the goods are in good or new condition, the goods and services have been obtained or have a sponsor, approval, certain equipment, certain benefits. Crimes of embezzlement are based on the provisions of article 372 KUHP, which means that someone who has someone's belongings with the intention of violating the law is an embezzlement.

Akibat-Akibat Hukum terhadap Pelaku Tindak Pidana Pemalsuan Rekam Medis Seseorang Mario Gregorius Funan Ahoinnai; I Nyoman Sugiartha; I Made Minggu Widyantara
Jurnal Interpretasi Hukum Vol. 1 No. 1 (2020): Jurnal Interpretasi Hukum
Publisher : Warmadewa Press

Health services especially in the medical world, patients who feel that the services provided are not satisfactory even cause fatal conditions to the detriment of patients caused by paramedic errors, then the patient's family must make a firm effort, plus if the patient's rights feel not given. The purpose of this study was to determine the legal consequences of falsification of medical records of the origin of a person and the responsibility of hospitals that participated in helping falsify medical records. In this study using the type of normative legal research by analyzing and knowing the law becomes a set of rules a positive norm in the legislation system. The legal consequences of falsifying a person's medical record are not clearly regulated in regulations relating to the falsification of a person's medical record, it is not clearly regulated in Wetboek van Statrecht (KUHP), but a medical record is a confidential document in the event of falsification of documents or a letter has been regulated in Article 263 of the Criminal Code which explicitly convicts anyone found guilty of falsifying a letter. The responsibility of the hospital which also falsified the medical record is a criminal justice process to prove the elements of wrongdoing in a criminal act to be accounted for because it has been regulated in Law Number 36 of 2014 concerning Health Workers contained in article 84 which contains actions which occurs due to negligence committed by a nurse doctor or health worker.

Tinjauan Yuridis Tentang Pengurangan Masa Pidana (Remisi) terhadap Tindak Pidana Narkotika Ni Kadek Nilawati Dwi Cahya; Anak Agung Sagung Laksmi Dewi; I Made Minggu Widyantara
Jurnal Interpretasi Hukum Vol. 1 No. 1 (2020): Jurnal Interpretasi Hukum
Publisher : Warmadewa Press

Indonesia is a rule of law which gives relief to prisoners every year, referred to as remission, is a policy of the government in order to reduce criminal penalties for each suspect caught in criminal law. Remission is given to those who during the sentence meet the provisions as people who are entitled to remission as well-behaved, and comply with any applicable regulations at the place of punishment. For someone who during his sentence is always against the rules cannot be given a remission. This study aims to determine the regulation of reducing the criminal period and determine the provision of remissions for narcotics offenders. The research method used is a type of normative legal research conducted by the method of recording and assessment based on legal materials. Researchers study and gather information through legal science books without deviating from positive law in order to conclude a conclusion. The implementation of the remission for narcotics offenders, namely the determination of the remission, is carried out by the decision of the head of the regional office on behalf of the minister, after issuing the stipulation of the head of the regional office must submit a report on the determination of the reduction of the criminal period to the minister of the Ministry of Justice and Human Rights cq. Directorate General of Corrections.

Pertanggungjawaban Notaris dalam Pembuatan Akta Pengikatan Jual Beli Ni Kadek Sofia Septiarianti; I Nyoman Sumardika; Ni Gusti Ketut Sri Astiti
Jurnal Interpretasi Hukum Vol. 1 No. 1 (2020): Jurnal Interpretasi Hukum
Publisher : Warmadewa Press

Notary public is a public official who has a noble position and in making every notarial deed a great responsibility so that no mistakes can occur. This study aims to determine the responsibility of a notary public in making a purchase agreement binding that has not been settled and to know the legal consequences of binding the purchase agreement that has not been paid in full. This research uses normative legal research methods. The data source used is the law or law as primary data (main data). The data analysis technique used is the argumentation technique and systemalization technique. The results of the analysis show that the responsibility of a notary public as a public official when making a deed of binding purchase agreement that is responsible for administrative law, civil law, criminal law and the code of ethics of the notary profession. Everything, of course, is based on the legal relationship that occurs between the land deed official and the parties facing when making the deed. Accountability for administrative sanctions is verbal warning, written warning, temporary dismissal, respectful dismissal even to disrespectful dismissal. Next to civil sanctions in the form of reimbursement or compensation and interest. Whereas a criminal sanction that can be accounted for by a notary/land deed official is if the fraud originated from the notary/land deed official itself for criminal sanctions can be given by first reviewing whether the notary / land deed official meets the contents of the formulation of the alleged crime. Apart from the three sanctions above, both in terms of legal, administrative, civil to criminal notary/land deed official which is certainly also responsible for conscious fulfillment of the notary code of ethics, which also makes the notary / land deed official responsible for sanctions in the form of: reprimand, warning, score, to dismissal from membership and dismissal with no respect.

Tanda Tangan Elektronik dalam Akta Pernyataan Keputusan Rapat Umum Pemegang Saham Perseroan Terbatas Ni Kadek Sofia Arianti; I Nyoman Putu Budiartha; Desak Gde Dwi Arini
Jurnal Interpretasi Hukum Vol. 1 No. 1 (2020): Jurnal Interpretasi Hukum
Publisher : Warmadewa Press

This research is motivated by the development of technology playing an important role in the establishment of companies in various regions in the territory of the archipelago, namely the Republic of Indonesia, one of which is a Limited Liability Company. This study aims to determine the arrangement of electronic signatures in the General Meeting of Shareholders of Limited Liability Companies and to find out the legal consequences of the signatures conducted electronically in the deed of decree of the General Meeting of Shareholders of Limited Liability Companies. The method used in this research is the normative research approach is legislation. Then, the data that has been analyzed are presented in an informal form, through the words described in paragraphs. The results of this study address that the regulation of electronic signatures in the deed of the decision of the decision of the general meeting of shareholders of the Limited Liability Company through tracing and transformation according to structured translation by reasoning based on logic that electronic information or electronic documents and / or printouts can be used as evidence legal law, which is also an expansion of legal legal evidence based on the provisions of article 11 jo. Article 5 of the Law. Therefore, the evidence according to the procedural law above made in the form of electronic information or electronic documents, is valid evidence under the Electronic Information and Transaction Law, so that all electronic transactions that utilize electronic media produce electronic signatures that are loaded on the deed of determination of the results of the GMS decision, the Limited Liability Company can be considered as a deed. Then, due to the legal signature that was carried out through electronic media the outcome of the determination of the GMS had a legal impact on the legalization status of the deed which according to the relevant Act was declared valid insofar as the deed was seen as a deed under the hand.

Perencanaan Tata Ruang Terbuka Hijau Sesuai Peraturan Daerah Kota Denpasar Nomor 27 Tahun 2011 Ni Kadek Tisna Aristya Dewi; I Putu Gede Seputra; Luh Putu Suryani
Jurnal Interpretasi Hukum Vol. 1 No. 1 (2020): Jurnal Interpretasi Hukum
Publisher : Warmadewa Press

The declining quality and quantity of green open space in urban areas has caused a decrease in the quality of the environment. Therefore, it is necessary to conduct a research on the Green Open Spatial Planning, especially in Denpasar City the legal provisions of which has been regulated in Regional Regulation No. 27 of 2011. This research analyzes the planning for the use of Green Open Spatial and the mechanism for changing the Green Open Spatial to change its function to become Spatial Settlement. The method used in this research was a normative research method, in which legal data collection was carried out by recording library studies, document studies, information and explanations obtained both from the Laws, Government Regulations and other Regulations that can be further examined which related to this problem. Data analysis in this research was carried out systematically by classification of legal materials to facilitate the analysis work, then Legal materials obtained are then subjected to discussion and grouping into certain sections. The results found that the Green Open Space is an area dominated by plants that are built for protection functions. The pattern of spatial use as a basis for the Denpasar City Government sets Green Open Spaces namely Settlements and Public Facilities. Changes in the pattern of utilization of green open spaces have changed the function resulting in the realization of optimal urban spatial planning. This happened because of the weak awareness of the people of Denpasar City.

Pemberian Hak Guna Usaha di Atas Tanah Hak Komunal Menurut Hukum Pertanahan di Indonesia Ni Ketut Krismanika; I Putu Gede Seputra; Luh Putu Suryani
Jurnal Interpretasi Hukum Vol. 1 No. 1 (2020): Jurnal Interpretasi Hukum
Publisher : Warmadewa Press

The granting of Communal Rights Certificates is done according to Article 18 of the MATR / KBPN regulation No. 10/2016, if it has been decided that by the Governor, the Regent / Mayor in that place there are indeed indigenous peoples, the Officer will report to the Ministry of National Land Agency (hereinafter abbreviated as BPN) so that it is not changed and the registration of Communal Rights for the land contained therein in that area. This study aims to determine the mechanism for granting communal land rights certificates for customary law associations and also to identify tenure rights with communal rights based on agrarian arrangements. This research is a normative legal research with a statutory approach and analysis approach and legal concepts. The results of this study indicate that the Decree of the Minister of Land said that if the results of the research there were indigenous peoples and their land, the inauguration of the indigenous peoples was decided by the ministry of MATR / BPN of the region to determine and register communal rights over their land in the region's BPN. The communal rights being applied for will be issued in the future the communal rights certificate of the customary law community. After the Communal Rights Certificate is issued from the BPN on behalf of the customary community, the use and use can be cooperated with a third party, in this case if there is a party who is applying for a Cultivation Right on the communal right, then the customary law community may negotiate with the applicant, in order to get the same benefits. The conclusion is that the mechanism for granting communal land rights certificates to customary law associations starts from the report of the customary head to the Regent / Mayor and the granting of Building Use Rights on Communal Rights land is allowed as long as Communal Rights as long as the customary community wants to relinquish these rights or exchange with other land.

Implementasi PERMENDIKBUD No. 14 Tahun 2018 terhadap Peneriman Peserta Didik Baru Berdasarkan Zonasi Sekolah Ni Komang Rai Widhyaningsih; I Wayan Arthanaya; Luh Putu Suryani
Jurnal Interpretasi Hukum Vol. 1 No. 1 (2020): Jurnal Interpretasi Hukum
Publisher : Warmadewa Press

Education is something that is important can provide knowledge that can improve the characteristics of life, both in personal life, community life, and state life. A New Student Admission, often referred to as PPDB, isan annual activity which is the selection stages for prospective new students organized by school-level committees under the supervision and coordination of the Office of Education. This year, PPDB uses a new system, the zoning system, which aims to equalize students. The purpose of this study was to describe how the implementation of Permendikbud number 14 in 2018 and what are the factors inhibiting the implementation of Permendikbud number 14 in 2018 on the admission of new students based on zoning. This research was designed using an empirical legal research approach. The results of this study indicated that the implementation of Permendikbud No. 14 of 2018 in High Schools / Kejuraan especially in the South Kuta area has not been running effectively because there was one school that received protests from students' parents which resulted in the process of hiring new students being hindered. In addition, this study also showed that the inhibiting factors for the implementation of Permendikbud No. 14 of 2018 on the admission of new students based on zoning consisted of internal factors, namely the committee was less selective in examining student requirements and the application provided was experiencing interference, and external factors namely location, community mainset, and domicile certificate.

Penegakan Hukum dalam Penyelesaian Sengketa Transaksi Electronic Commerce Ni Luh Kadek Dwi Fenny Febriyanti; I Nyoman Putu Budiartha; Ni Made Spasutari Ujianti
Jurnal Interpretasi Hukum Vol. 1 No. 1 (2020): Jurnal Interpretasi Hukum
Publisher : Warmadewa Press

E-commerce transaction as a trade transaction contract between sellers and buyers using the internet media provide convenience for both consumers and businesses, but these transactions also have some weaknesses that can lead to legal problems. This research discusses issues regarding the validity of the agreement related to e-commerce transactions and the law enforcement efforts in resolving e-commerce transaction disputes. This research uses a normative research method with a statute and conceptual approach. The collection of legal materials is carried out using the literature study method which is then systematically compiled and analyzed using the described method. The validity of the agreement is related to e-commerce transactions if it meets Article 1320 of the Civil Code, including the agreement of those who bound themselves, the ability to make an agreement, the existence of a certain matter, and the existence of a halal cause. Law enforcement efforts in resolving e-commerce transaction disputes are carried out preventively through legislation and repressive measures through litigation and non-litigation channels such as through arbitration, consultation, mediation, conciliation, or expert judgment. In addition, it can also be resolved through BPSK, LPKSM, and the Directorate of Consumer Protection.

Urgensi Saksi Pelaku yang Bekerjasama (Justice Collaborator) dalam Tindak Pidana Korupsi Ni Luh Made Dwi Pusparini; A. A. Sagung Laksmi Dewi; I Made Minggu Widyantara
Jurnal Interpretasi Hukum Vol. 1 No. 1 (2020): Jurnal Interpretasi Hukum
Publisher : Warmadewa Press

The State of Indonesia appears as a State of Law meaning that State power is exercised according to applicable laws so the law applies to all aspects of social life that lead to the creation of an objective of the law. As a consequence of the weakness of the law in the State of Indonesia there are still a large number of crimes that are developing, including the criminal acts of corruption as one of organized crimes. Not only have corruption crimes developed in Indonesia but also in other countries. As a result, in tackling the emergence of the criminal acts of corruption, it is necessary to have perpetrators cooperating as witnesses with law enforcement authorities in terms of revealing the main perpetrators and others so it has a major influence on the corruption case. Using the normative legal research method, this research examines the urgency of regulating witnesses of collaborating perpetrators in a the criminal act of corruption and the criminal sanctions against witnesses of collaborating perpetrators in criminal acts of corruption. The results show that in positive Indonesian law there are regulations regarding Justice Collaborator in Government Regulation No 71 Article 5 Paragraph (2) of 2000 regulating the rights and legal protection of every witness, criminal reporter / witness who reports. Whereas judges’ considerations in imposing criminal sanctions on justice collaborators in the criminal acts of corruption which are based on Law No. 20 of 2001 related to Law No. 31 of 1999 concerning Eradicating Corruption Crimes and is contained in the Supreme Court Circular No. 4 of 2011 in specific actions regarding Criminal Sanctions namely providing relief in other forms of protection.

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Home Page

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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

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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