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Published By Universitas Warmadewa

2746-5047

2021 ◽  
Vol 2 (3) ◽  
pp. 607-610
Author(s):  
Ketut Danu Yudistira ◽  
Anak Agung Sagung Laksmi Dewi ◽  
Luh Putu Suryani

The environmental condition in Klungkung Regency has shown some signs of increasing environmental damage and pollution every year. To maintain and preserve the environment by the surrounding community, the Klungkung Regency Government issued Regional Regulation Number 2 of 2010 concerning Control of Environmental Damage and Pollution. The purposes of this study are to examine the effectiveness of Perda No. 2 of 2010 and to examine the obstacles in enforcing Perda No. 2 of 2010. This study was designed with empirical legal research with a statutory and conceptual approach. Data were collected through field interview techniques. The data used are primary and secondary data. After the research data was collected, the researchers then analyzed using descriptive qualitative methods. The results showed that the effectiveness of the Regional Regulation in an effort to stop the level of pollution on the Watu Klotok beach with preventive and repressive efforts through. Administrative sanctions in the form of verbal warnings, written warnings, criminal sanctions or civil fines for environmental damage or pollution. The obstacles in implementing this regional regulation are law enforcement officers, community culture, economy and public awareness. So that the effectiveness of the regulation has not been implemented effectively by law enforcers in terms of imposing sanctions. Therefore, the Klungkung Regency Government must be more firm and wise in implementing the existing legal regulations.


2021 ◽  
Vol 2 (3) ◽  
pp. 580-583
Author(s):  
I Putu Aris Sedana Putra ◽  
Anak Agung Sagung Laksmi Dewi ◽  
Luh Putu Suryani

The emergence of the Covid-19 pandemic has claimed many lives and has an impact on all aspects of the state, the Indonesian Government issued Presidential Decree No. 11 of 2020 concerning Public Health Emergencies as a serious warning of health threats. Dishonesty in conveying information on patients suspected of being infected with COVID-19 is categorized as hindering the prevention of outbreaks that can threaten the lives of people around them, including the health workers who handle them. The act of obstructing the handling of the epidemic can be punished. The purposes of this study are to analyze the legal regulation of health protocols in the new life order and the sanctions for people who do not heed the Governor's Regulation No. 10 Year 2021 in Bali. This research method uses a normative legal research type with a statutory concept approach. Data collection techniques were carried out by examining existing library materials. The legal sources used are divided into two, namely primary and secondary legal sources which are then processed and analyzed systematically. The conclusion from the results of the research that has been carried out is that the application of strict sanctions to actions that hinder the prevention of epidemics is punishable by law number 4 of 1984 concerning Communicable Disease Outbreaks article 14 paragraphs (1) and (2). The government seeks to protect health workers as the vanguard of handling the threat of COVID-19 in a preventive and repressive manner. For this reason, it is necessary to disclose one's own health information by disclosing his health condition honestly to health workers to get the right treatment.


2021 ◽  
Vol 2 (3) ◽  
pp. 573-579
Author(s):  
Sandi Herintus Kabba ◽  
I Made Arjaya ◽  
I Made Minggu Widyantara

Corruption is an extraordinary crime whose eradication must be carried out in an extraordinary manner according to the procedures for returning and recovering state losses due to corruption. The purposes of this study are to reveal the process of implementing the return and recovery of state losses by prosecutors on corruption crimes as well as efforts to restore and recover state losses due to corruption. The method used is normative legal research with a statutory approach and a conceptual approach. The technique of collecting legal materials is done through the study of recording and documentation. Primary and secondary sources of legal materials are used as sources of legal materials in this study. Then, the legal materials and data are managed using interpretation analysis. The results of the study reveal that the procedure for returning and recovering state losses due to corruption is in accordance with the procedures, namely the Law on the Eradication of Corruption and other regulations. efforts to recover and recover state losses due to corruption by maximizing the return of state losses by confiscation, tracing the assets of the convict, the authority of the KPK prosecutor must be regulated firmly and clearly. The author suggests that the Government should provide adequate facilities and infrastructure for the Prosecutor's Office and the KPK in order to maximize the eradication of corruption, the public needs to submit information to the Prosecutor's Office, the KPK, and the Police regarding corruption crimes that have occurred.


2021 ◽  
Vol 2 (3) ◽  
pp. 662-666
Author(s):  
I Gede Yudha Rana ◽  
I Made Suwitra ◽  
Diah Gayatri Sudibya

The presence of a child in the family is happiness as a manifestation of the fruit of a husband and wife's love. Having children is everyone's dream, especially when starting a new family or legal marriage. However, this is inversely proportional to children who are born without a previous legal marriage relationship so that the child is included in the class of children outside marriage or Astra children in accordance with Article 43 of Law Number 1 of 1974 concerning Marriage. This child out of wedlock sometimes becomes a problem in the family because not all stepfathers accept their existence. This study aims to reveal the position of children in traditional inheritance families in the Malet Village of Kutamesir and analyze the protection of Astra children in family law and inheritance in the Indigenous Village of Malet Kutamesir. This study uses an empirical legal research type with a conceptual approach. The data used are primary and secondary data obtained through interview techniques and literature study techniques and analyzed qualitatively and legal interpretation with a descriptive final presentation. The results of this study reveal that an astra child only has a legal position in inheriting his mother's property and an astra child has the right to get protection from whatever happens around his life, be it at home or outside the home.  


2021 ◽  
Vol 2 (3) ◽  
pp. 646-650
Author(s):  
I Putu Setiawan Ivan Baskara ◽  
I Nyoman Putu Budiartha ◽  
Ni Made Puspasutari Ujianti

The development of globalization which has become global today, has made several changes in the trading system. E-Commerce or what is often referred to as electronic transaction is a trading activity carried out online by business actors and consumers in conducting trading activities. If a dispute arises between the parties as a result of electronic transactions, especially in Indonesia regarding electronic transactions, it has been specifically regulated in Law no. 11 of 2008 concerning Information and Electronic Transactions in order to provide legal protection to the disputing parties. This study aims to examine the legal arrangements in buying and selling transactions through E-Commerce and revealing legal protection for parties in E-Commerce as a result of the economic recession. In processing research data using normative legal research with a Legislative approach. Sources of data used are primary and secondary legal data obtained through literature study. After the research data has been collected, the last stage is to process the data with descriptive qualitative methods. The results of this study indicate that the legal protection provided to the disputing parties as a result of a business contract carried out using an electronic transaction system is by filing a lawsuit in a commercial court by attaching evidence of an electronic business contract that has been agreed upon by the parties. legal as regulated in Law no. 11 of 2008 concerning Information and Electronic Transactions, which aims to provide protection to the disputing parties in the midst of an economic recession that has hit almost all countries in the world today.


2021 ◽  
Vol 2 (3) ◽  
pp. 656-661
Author(s):  
Wayan Ardi Indra Jaya ◽  
Anak Agung Sagung Laksmi Dewi ◽  
Ni Made Puspasutari Ujianti

akibat hukum


2021 ◽  
Vol 2 (3) ◽  
pp. 667-672
Author(s):  
Cipta PutraI Ketut Wira Cipta Putra ◽  
Anak Agung Sagung Laksmi Dewi ◽  
Ni Made Sukaryati Karma

Legal arrangements for child exploitation during the Covid-19 pandemic have not yet been included in the Criminal Code (KUHP). So that parents who employ their children as hawkers are still free from legal snares and can easily justify economically. This study aims to examine the legal arrangements for perpetrators of criminal acts of child exploitation as hawkers and reveal criminal sanctions for perpetrators of acts of exploitation of children as hawkers during the Covid-19 pandemic. This research method uses normative legal research by applying a conceptual approach and legislation. The data used are primary, secondary and tertiary legal data obtained by the recording method. After the data has been collected, the next step is to process and analyze it in a systematic way with legal intervention. The results of the study show that legal arrangements for perpetrators of criminal acts of exploitation of children during the Covid-19 pandemic, one of which is child exploitation, are not specifically regulated in Article 13 of Law no. 35 of 2014 amendments to Law no. 23 of 2002 concerning Child Protection. Therefore, in this case there is a void of norms, but the crime of child exploitation based on the provisions of Article 103 of the Criminal Code states that crimes against children are a special crime. Related to criminal sanctions, they are sentenced to a maximum imprisonment of ten years or a maximum fine of Rp. 200,000,000.00 (two hundred million rupiah


2021 ◽  
Vol 2 (3) ◽  
pp. 611-617
Author(s):  
Cokorda Agung Cahaya Darmadi ◽  
I Made Minggu Widyantara ◽  
Ni Made Sukaryati Karma

The rapid development of technology and telecommunications makes it easier for someone to send a letter via e-mail because the use of e-mail is considered cheap and fast. In addition, the data that we send via email will be stored, so that if at any time there is a problem related to the letter, it is easy to find physical evidence of the letter in the email. From this phenomenon, this research was conducted with the aim of examining how to prove the use of email based on the ITE Law and examine the strength of email in the trial process when it is associated with article 1866 of the Civil Code. This study uses a normative legal research type by applying the legislation approach and the case approach. The legal materials used are primary, secondary and tertiary obtained through literature study. After the data is collected, the data is processed by descriptive qualitative analysis. The results of the study show that e-mail verification as evidence in civil case trials can be used in trials regarding the legal aspects of e-mail application in enforcing the law. With the development of today's technology through communication media known as the internet, it has changed the way of thinking and acting which then has an impact on the law. The strength of e-mail evidence as a process of proof in court when it is associated with Article 164 HIR regarding valid evidence.


2021 ◽  
Vol 2 (3) ◽  
pp. 641-645
Author(s):  
Putu Widhiatmika Coryka ◽  
I Nyoman Putu Budiartha ◽  
Ni Made Puspasutari Ujianti

An electronic contract is a contract made by the parties through electronic media, each party when negotiating does not need to have a face-to-face meeting but uses electronic media such as email. Currently, electronic contracts have received legitimacy and protection by Law Number 11 of 2008 concerning Electronic Information and Transactions. This study aims to examine the validity of the same as written contracts on credit card ownership agreements and to reveal legal protection for credit card owners in conducting E-commerce transactions. This research was conducted using normative legal research. The sources of legal materials are primary legal materials, which are sourced from legislation and secondary sources of legal materials are taken from relevant literatures with the issues studied. After the research data has been collected, it is then processed and analyzed in a descriptive qualitative way. The results of the study indicate that the legal protection provided by Article 26 of Law Number 8 of 1999 provides protection for consumers by requiring business actors who trade services to fulfill agreed guarantees and or guarantees. An electronic contract is valid evidence if it is presented as evidence at the court table based on article 5 of Law Number 11 of 2008 concerning Electronic Information and Transactions.


2021 ◽  
Vol 2 (3) ◽  
pp. 678-682
Author(s):  
Kadek Dicky Candra Mahendra ◽  
I Nyoman Gede Sugiartha ◽  
Luh Putu Suryani

Human activities that are less controlled, make a clean and healthy living environment less and less, this is because the earth is currently getting older and the activities of humans themselves are not properly preserving the environment. Humans have a role and responsibility to empower the environment to maintain the ecosystem. However, the current reality is that most environmental crimes often involve corporations. This study aims to examine the regulation of criminal acts by corporations in the perspective of the Copyright Act and to reveal criminal sanctions against corporations that commit acts of environmental pollution in terms of the Copyright Act. This research uses a normative research type, with a Legislative approach. As for what is used as primary data, namely Law Number 32 of 2009, Law Number 11 of 2020 concerning Job Creation is the legal basis for knowing criminal arrangements and criminal sanctions against corporate criminal liability for environmental pollution in terms of the work copyright law. Data were collected using library research techniques. After the research data has been collected, it is processed by elaboration, namely combining the sources of the primary, secondary and tertiary legal materials with deductive and inductive logic. The results of this study indicate that corporate crime is essentially a functional act and is in the form of an inclusion offense. The criminal sanction of imprisonment is 1/3 to the management of the corporation.


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