Jurnal Interpretasi Hukum
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.
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<![CDATA[Kedudukan Duda Mulih Truna pada Perkawinan Nyentana di Banjar Pujung Kaja Desa Sebatu ]]>
<![CDATA[Ni Luh Made Noviantini]]>;
<![CDATA[I Ketut Sukadana]]>;
<![CDATA[Diah Gayatri Sudibya]]>
<![CDATA[ Jurnal Interpretasi Hukum Vol. 1 No. 1 (2020): Jurnal Interpretasi Hukum ]]>
Publisher : <![CDATA[Warmadewa Press ]]>
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DOI: 10.22225/juinhum.1.1.2208.186-190
<![CDATA[Balinese people adhere to the patrilineal family system. In Bali, the position of a man (purusa) is very important. There are several types of marriages in Bali, one of which is a Nyentana marriage. A man who carries out a Nyentana marriage is where a man is married by a woman and the marriage ceremony is held at the women's home. In Nyentana marriage there are many things that affect the occurrence of divorce, one of which is the problem of inheritance. Men who have been married in Nyentana marriage, then return to their original homes, no longer have the right to inherit in their original home because all of their inheritance rights have been lost since they legally carried out Nyentana marriages. Based on the above background, this study was conducted with the aim of outlining how the legal status of a Mulih Truna widower (Widower from Nyentana marriage) in his original home and how the right to inherit a Mulih Truna widower according to awig-awig (customary rules) in Banjar Pujung Kaja Sebatu Village. The method used in this legal research was empirical legal research methods. The results of this study indicateda man who returns to his original home after cessation will be called Mulih Trunawidower where the legal position in his home returns to being like a bujang (young man who has never been married) but does not reside as an heir again in his home. According to awig-awig in Banjar Pujung Kaja Sebatu Village, the right of inheriting a Mulih Trunawidower in his original home has been considered lost, and a Mulih Truna widower has been deemed to have left a kedaton (leaving all rights and obligations) in his home.]]>
<![CDATA[Sanksi Pidana terhadap Anak yang Melakukan Tindak Pidana Aborsi ]]>
<![CDATA[Ni Luh Putu Hinduswari]]>;
<![CDATA[A A Sagung Laksmi Dewi]]>;
<![CDATA[Ni Made Sukariyati Karma]]>
<![CDATA[ Jurnal Interpretasi Hukum Vol. 1 No. 1 (2020): Jurnal Interpretasi Hukum ]]>
Publisher : <![CDATA[Warmadewa Press ]]>
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DOI: 10.22225/juinhum.1.1.2209.191-195
<![CDATA[Abortion is a health problem for the community, especially women because it has an impact on maternal death or the end of pregnancy with a fetus removed from the womb. The main cause of death of pregnant women and childbirth is bleeding and infection. Every human wants the law to be enforced to be more effective not only in the form of order. One example of the cases is in Court Decision Number 5 / Pid.Sus-Anak/2018/PN.Mbnd and legal protection for children that must be upheld. The formulation of the problem raised were how criminal sanctions against children who commit abortion and how legal protection for children who commit abortion is. This study used normative legal research that is in the study of systematically processing library materials. This research was conducted using secondary data obtained from primary material by analyzing the laws and regulations relating to the title of this journal.Thus, conclusions can be drawn that criminal sanctions against children who commit criminal acts of abortion are regulated in the Criminal Code, and Court Decision Number 5 / Pid.Sus-Anak / 2018 / PN.Mbn imposed Criminal Sanction namely imprisonment for 6 (six) months and work training for 3 (three) months against the defendant in accordance with the provisions of article 77 A paragraph (1) jo, and legal protection is regulated in Law No. 36 of 2009 concerning Health. In addition, there must be efforts from the government and the community and parents to prevent the occurrence of cases of abortion among teenagers.]]>
<![CDATA[Penegakan Sanksi Terhadap Aparatur Sipil Negara yang Melakukan Pelanggaran Disiplin di Lingkungan Pemerintah Kota Denpasar ]]>
<![CDATA[Ni Luh Sandiani]]>;
<![CDATA[I Gusti Bagus Suryawan]]>;
<![CDATA[Ida Ayu Putu Widiati]]>
<![CDATA[ Jurnal Interpretasi Hukum Vol. 1 No. 1 (2020): Jurnal Interpretasi Hukum ]]>
Publisher : <![CDATA[Warmadewa Press ]]>
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DOI: 10.22225/juinhum.1.1.2210.196-203
<![CDATA[One of the problems faced by the Indonesian bureaucracy is the violation of discipline by Civil Servants. Therefore, Law No. 5 of 2014 concerning Civil Servantsand PP No. 53/2010 concerning Civil Servant Discipline. Based on this background, this research was conducted with the aim of outlining how the discipline of Civil Servants in Denpasar City Government based on Law No.5 / 2014 concerning ASN and PP No. 53/2010 concerning Discipline of Civil Servants and how to enforce legal sanctions for Civil Servants who commit disciplinary violations within the Denpasar City Government. This research was designed using an empirical approach. This research was conducted directly at the Denpasar City BKPSDM by conducting interviews with the Kasubid Discipline and the Denpasar City BKPSDM Award. The results of this study indicated that the regulation of Civil Servant discipline in the BKPSDM is clearly regulated in the Civil ServantLaw and PP No. 53/2010 concerning Discipline of Civil Servants, and enforcement of legal sanctions at the BKPSDM for ASN who commit violations of discipline are also guided by Law No. 5 of 2014 concerning ASN and PP No 53/2010 concerning Discipline of Civil Servants. These laws and regulations already have clear rules. The causes of discipline violations committed by Civil Servants are that Civil Servantsdo not understand the rules, the leadership does not act firmly, lack of inherent supervision (WASKAT), and lack of appreciation praise for subordinates.]]>
<![CDATA[Penerapan Sanksi Adat Bagi Pelaku Persetubuhan terhadap Anak Kandung di Desa Tulikup Gianyar ]]>
<![CDATA[Ni Made Ayu Trimayukti]]>;
<![CDATA[I Nyoman Gede Sugiartha]]>;
<![CDATA[I Ketut Sukadana]]>
<![CDATA[ Jurnal Interpretasi Hukum Vol. 1 No. 1 (2020): Jurnal Interpretasi Hukum ]]>
Publisher : <![CDATA[Warmadewa Press ]]>
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DOI: 10.22225/juinhum.1.1.2212.204-209
<![CDATA[Sexual intercourse with children is a very cruel crime especially the perpetrators of the crime of sexual intercourse against the child is the biological father of the victim. The Criminal Law Code has regulated the act of sexual intercourse namely Article 284-288. The specific crime of sexual intercourse with children has also been regulated in Law No. 35 of 2014 concerning Child Protection. The people of Bali believe in the existence of a scale and noetic which, if something goes wrong, is believed to disturb the magical balance. In customary law, sexual intercourse with biological children is included in the Gamia Gemana offense and has been regulated in Awig-awig Desa Adat Tulikup Kelod. Based on these problems, this study was made with the aim of uncovering the factors that caused the crime of sexual intercourse against biological daughter in the village of Tulikup Gianyar and how the application of traditional sanctions for perpetrator of intercourse against a biological daughter in the village of Tulikup Gianyar. This research employed empirical research methods by analyzing quantitative data. The results of the study stated that the sexual needs that were not fulfilled by the wife, the low awareness of the perpetrator in the application of religious teachings, and the condition of the house which was always quiet were the causes of intercourse against a biological daughter in the village of Tulikup Gianyar. In addition to being subjected to positive sanctions in the form of imprisonment and fines, the perpetrator of sexual intercourse against biological children in Tulikup Village was also subject to sanctions that have been regulated in Awig-awig Kelik Tulikup Adat Village namely in the form of Sangaskara Danda (sanctions in the form of ceremonies) which must be carried out by the perpetrator and also the victim.]]>
<![CDATA[Kedudukan dan Perlindungan Saksi Mahkota dalam Tindak Pidana Pencurian dengan Kekerasan (Studi Kasus Pengadilan Negeri Denpasar) ]]>
<![CDATA[Ni Made Elly Pradnya Suari]]>;
<![CDATA[I Made Minggu Widyantara]]>;
<![CDATA[Ni Made Sukaryati Karma]]>
<![CDATA[ Jurnal Interpretasi Hukum Vol. 1 No. 1 (2020): Jurnal Interpretasi Hukum ]]>
Publisher : <![CDATA[Warmadewa Press ]]>
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DOI: 10.22225/juinhum.1.1.2213.210-215
<![CDATA[The presence of witnesses in the evidence is the keyword in disclosing the facts of criminal cases. The crown witness is often present at court. However, there are many differences of opinion in the Jurisprudence regarding the use of crown witnesses in court because there is no legal regulation that explicitly regulates the use of crown witnesses in criminal justice. Based on these problems, this study described how the protection of the rights of defendants as crown witnesses in criminal acts of theft with violence and how the position of crown witnesses in criminal acts of theft with violence. This research was designed using a normative legal research method and a conceptual approach. In the Criminal Procedure Code, there is no prohibition for a defendant to provide information for other defendants as far as using a splitsing system so that defendants who are crown witnesses still receive legal protection. The decision of the Supreme Court Number 1942 K / PID / 2012 which in its verification process used a crown witness. In this case, the public prosecutor presented the crown witness due to the lack of evidence especially witness testimony evidence. The role of the crown witness is very important to uncover criminal events because the defendant knows, sees, and commits criminal theft with violence. The result of this study showed that the protection of the rights of the defendant as a crown witness is equated with the rights of the defendant in general, which is regulated in Article 50 to Article 68 of the Criminal Procedure Code and witness rights set out in Article 5 of Law Number 31 of 2014. The position of the crown witness is justified in proof-based on the Circular Attorney General's Office of the Republic of Indonesia Number B-69 / E / 02/1997 of 1997 concerning Proof Law in Criminal Cases.]]>
<![CDATA[Penyelesaian Kredit Macet dengan Benda Jaminan Fidusia yang Dipalsukan (Studi Kasus: PT. BPR. Ulatidana Rahayu) ]]>
<![CDATA[Ni Made Sintia Tarisa]]>;
<![CDATA[I Nyoman Putu Budiartha]]>;
<![CDATA[Ni Made Sukaryati Karma]]>
<![CDATA[ Jurnal Interpretasi Hukum Vol. 1 No. 1 (2020): Jurnal Interpretasi Hukum ]]>
Publisher : <![CDATA[Warmadewa Press ]]>
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DOI: 10.22225/juinhum.1.1.2214.222-227
<![CDATA[An agreement is a legal action carried out by two or more people who have legal consequences for the rights and obligations of the makers. The agreement involves at least 2 or more people. In addition to individuals, the parties to the agreement may also consist of legal entities. Limited Liability Company (PT) is a legal entity that is one of the parties or both of them in the agreement. Both are legal subjects who can carry out legal actions and carry out their rights and obligations. Referring to the above problems, this study was conducted with the aim of describing how the legal protection of bank creditors in granting credit with fiduciary collateral objects falsified and how the legal consequences if the debtor commits the fraud of the BPKB (certificate of ownership of motor vehicles) credit guarantee. This research was designed using an empirical research approach. The results of this study indicated that the legal protection of bank creditors in falsifying collateral loans with fiduciary collateral objects is regulated in articles 1131 and 1132 of the Civil Code. Other legal protection given to creditors is preventive legal protection which is legal protection to prevent disputes and in this case concerning the rights and obligations of creditors. Another result of this research is the debtor who falsified the collateral object or the BPKB of the vehicle that was used for credit guarantees was used in article 263 of the Criminal Code with the threat of a maximum prison sentence of six years. So, legal protection and sanctions to creditors and debtors, if a problem occurs is regulated in statutory regulation.]]>
<![CDATA[Tanggung Jawab Notaris Pengganti dalam Hal Notaris yang Diganti Meninggal Dunia Sebelum Cuti Berakhir ]]>
<![CDATA[Ni Nyoman Candra Krisnayanti]]>;
<![CDATA[Ida Ayu Putu Widiati]]>;
<![CDATA[Ni Gusti Ketut Sri Astiti]]>
<![CDATA[ Jurnal Interpretasi Hukum Vol. 1 No. 1 (2020): Jurnal Interpretasi Hukum ]]>
Publisher : <![CDATA[Warmadewa Press ]]>
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DOI: 10.22225/juinhum.1.1.2218.234-239
<![CDATA[In a community, the notary public is very important. A notary public contributes to law enforcement in Indonesia. Therefore, the community is very relieved by the existence of a notary public. One of the general professions that can get leave rights is a notary public, butif a notary public is about to take a leave, a substitute notary public must be appoited. If at the same time the notary passed away, a substitute notary is required who will be very important to fill the vacancy of the position. Based on this background, this study was conducted with the aim of outlining the legal status of a substitute notary public in the case of a notary public that is substitutedpassed away before the leave is over and describing the mechanism for completing the administration of a substitute notary protocol if the substituted notary passed away before the leave is over. This research was designed using normative legal research. The results of this study indicated that the legal status of a notary will replace the leadership position of the notary who is on temporary leave, sickness or even death. The substitute notary will carry out the tasks of the notary who is subtituted temporarily or permanently. At that time the notary does not need to be inaugurated based on the provisions of article 35 paragraph 3 UUJN-P. In addition, within not later than 60 days after the death of the replacing notary, the subtitute notary must complete all protocols and make official report on protocol handover, then all protocols are given to the notary who receives the protocol. If the protocol has been approved, it will be signed by a notary, the notary who accepts the protocol, and the regional supervisory board as a temporary official.]]>
<![CDATA[Perlindungan Hukum terhadap Pencipta Musik sebagai Suara Latar di Youtube ]]>
<![CDATA[Komang Ariadarma Suputra]]>;
<![CDATA[Ida Ayu Putu Widiati]]>;
<![CDATA[Ni Made Sukaryati Karma]]>
<![CDATA[ Jurnal Interpretasi Hukum Vol. 1 No. 1 (2020): Jurnal Interpretasi Hukum ]]>
Publisher : <![CDATA[Warmadewa Press ]]>
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DOI: 10.22225/juinhum.1.1.2220.77-82
<![CDATA[The use of music as video background sound is currently rife on social media Youtube. This is inseparable from the moral and economic benefits that users get through the features offered by Youtube. Therefore, as a state of law, Indonesia should appropriately provide legal protection for Music Creators whose works are used. The purpose of this study is to analyze the legal protection of music creators as a background voice on Youtube and find out the sanctions imposed on Youtube channels that commit copyright infringement. The research method used is normative legal research with statutory and conceptual approaches. The results showed that music is the result of human expression that has an element of beauty in it. Thus, the need for legal protection is given to the Creator. Legal protection is preventive, namely the formulation of the exclusive right of a Music Creator to Article 5 and Article 9 of Law no. 28 of 2014 concerning Copyright and repressively, the Music Creator can fight for his rights that have been violated through the courts and outside the court. As for the sanctions against violations of music copyright as the background sound of videos on Youtube, namely sanctions in the form of compensation for damages that have been caused as stipulated in Article 99 of Law No. 28 of 2014 concerning Copyright. Criminal sanctions are regulated in Article 113 paragraph (4) of Law no. 28 of 2014 concerning Copyright in the form of a maximum imprisonment of 10 years and / or a maximum fine of Rp. 4,000,000,000.00]]>
<![CDATA[Pelaksanaan Badan Usaha Milik Desa (Studi BUMDes Desa Gulingan Kabupaten Badung) ]]>
<![CDATA[Putu Ferdiana Putra]]>;
<![CDATA[Desak Gede Dwi Arini]]>;
<![CDATA[Luh Putu Suryani]]>
<![CDATA[ Jurnal Interpretasi Hukum Vol. 1 No. 1 (2020): Jurnal Interpretasi Hukum ]]>
Publisher : <![CDATA[Warmadewa Press ]]>
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DOI: 10.22225/juinhum.1.1.2221.228-233
<![CDATA[Village-Owned Enterprises (BUMDes) are village business entities that are managed by the community and village government in an effort to strengthen the village economy and are formed based on the needs and potential of the village. One of the villages in the Sub-district of Badung is Gulingan Mengwi. It already has an enterprise named BUMDes Samkriya Werdhi Guna. This study examines two issues: the regulation of Village Owned Enterprises of Samkriya Werdhi Guna to bear a crucial role in the efforts to increase the Village Original Revenue of Mengingan Gulingan and the implementation of BUMDes based on the Regional Regulation of Badung Regency No. 1 of 2015 concerning the Establishment and Management of Village-Owned Enterprises in Gulingan Mengwi Village. To achieve the objectives, empirical legal research method was used. The results of the study showed that the Regulation of the Samkriya Werdhi Guna Village Owned Enterprise had an important role in the effort to increase the Original Revenue of the Gulingan Mengwi Village to support the development program in the village. The implementation of the BUMDes in conjunction with the Regional Regulation of Badung Regency No. 1 of 2015 concerning the Establishment and Management of Village-Owned Enterprises in the the Mengwi Mengingan Village is in accordance with the principles of the Statutory Regulations. In addition, the participation of the Government of Badung Regency is also ideal for developing the BUMDes, especially in BUMDes of the Samkriya Werdhi Guna of Gulingan Mengwi Village.]]>
<![CDATA[Implikasi Penjualan Pakaian Bekas Impor bagi Konsumen di Kota Denpasar ]]>
<![CDATA[Ni Made Indah Krisna Dewi]]>;
<![CDATA[Ida Ayu Putu Widiati]]>;
<![CDATA[I Nyoman Sutama]]>
<![CDATA[ Jurnal Interpretasi Hukum Vol. 1 No. 1 (2020): Jurnal Interpretasi Hukum ]]>
Publisher : <![CDATA[Warmadewa Press ]]>
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DOI: 10.22225/juinhum.1.1.2222.216-221
<![CDATA[The sale of imported secondhand clothing is prohibited by the Government because it is in violation and not in accordance with applicable laws and regulations. Regarding import trade, it is regulated in Article 47 paragraph (1) of Law Number 7 of 2014 concerning Trade. The imported secondhand clothing can be categorized as dangerous goods because it circulates freely and without prior checking. Based on the background of the problems that have been described, this research was conducted with the aim of outlining how the arrangements for the implementation of the sale of imported secondhand clothing in the City of Denpasar and how the implications of the sale of imported secondhand clothing for consumers in the City of Denpasar. This study was designed using an empirical research approach, in which this research was conducted according to the real situation in a community or the surrounding environment with the aim of finding facts or legal issues that exist. The results of this study indicated that the regulation of the sale of imported secondhand clothing is regulated in Article 2 of the Regulation of the Minister of Trade of the Republic of Indonesia Number 51/M-DAG/PER/7/2015 concerning Prohibition of Imported Secondhand Clothing, where the secondhand clothing is prohibited from being imported into the territory of the Unitary State Republic of Indonesia because it has an impact on people's health and economy. The implication of the sale of imported secondhand clothing is very detrimental to the community especially in terms of health and economics. The use of imported secondhand clothes can also cause diseases such as itching, tinea versicolor, flu, etc., due to microbial bacteria attached to the secondhand clothes. Therefore, there is a need for socialization regarding these rules to the public and sellers of imported secondhand clothing, as well as enforcement of the rules through Raids against container sheds that distribute imported secondhand clothing to sellers.]]>
