Pub Date : 2021-03-26DOI: 10.22225/juinhum.2.1.3088.163-167
I Gede Mallik Satya Devangga, I Nyoman Putu Budiartha, Ida Ayu Putu Widiati
The increase in Covid-19 caused the Bali provincial government to issue Bali governor regulation number 46 of 2020 which is an order from presidential instruction number 6 of 2020. Presidential instruction is not a product of statutory regulations, the researchers formulated two research objectives, namely to determine the position of Bali governor regulation number 46 2020 concerning the implementation of discipline and enforcement of health protocol laws as an effort to prevent and control the 2019 coronavirus disease in a new era of life in the statutory system in Indonesia, as well as to determine the validity of the enactment of the Bali governor's regulation Number 46 of 2020 in the statutory system of law in Indonesia. Indonesia The research method used in this study is a normative juridical research method. Based on the results of the research, it can be argued that Bali governor regulation number 46 of 2020 is the implementing regulation of the presidential instruction as a product of policy regulations. Then, Bali Governor regulation Number 46 of 2020 does not have binding power as is the case with statutory regulations. the basis for the judge's consideration is not statutory regulations but the general principle of good governance.
{"title":"Keberlakuan Yuridis Peraturan Protokol Kesehatan di Provinsi Bali","authors":"I Gede Mallik Satya Devangga, I Nyoman Putu Budiartha, Ida Ayu Putu Widiati","doi":"10.22225/juinhum.2.1.3088.163-167","DOIUrl":"https://doi.org/10.22225/juinhum.2.1.3088.163-167","url":null,"abstract":"The increase in Covid-19 caused the Bali provincial government to issue Bali governor regulation number 46 of 2020 which is an order from presidential instruction number 6 of 2020. Presidential instruction is not a product of statutory regulations, the researchers formulated two research objectives, namely to determine the position of Bali governor regulation number 46 2020 concerning the implementation of discipline and enforcement of health protocol laws as an effort to prevent and control the 2019 coronavirus disease in a new era of life in the statutory system in Indonesia, as well as to determine the validity of the enactment of the Bali governor's regulation Number 46 of 2020 in the statutory system of law in Indonesia. Indonesia The research method used in this study is a normative juridical research method. Based on the results of the research, it can be argued that Bali governor regulation number 46 of 2020 is the implementing regulation of the presidential instruction as a product of policy regulations. Then, Bali Governor regulation Number 46 of 2020 does not have binding power as is the case with statutory regulations. the basis for the judge's consideration is not statutory regulations but the general principle of good governance.","PeriodicalId":197649,"journal":{"name":"Jurnal Interpretasi Hukum","volume":"29 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-03-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122466405","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-03-26DOI: 10.22225/juinhum.2.1.3092.59-63
I Komang Agus Edi Suryawan, I Nyoman Gede Sugiartha, I Nyoman Sutama
The environment as a place to live and at the same time as a storage for waste from human activities. Can return to normal if the waste does not damage the environment. Environmental pollution has a bad impact on society. Research and reports from related institutions noted Indonesia's environmental problems, namely polluted rivers, the quality of the water must be considered because it is widely used by the community. The research method in this writing uses normative legal research, first examining the problem using the basis of statutory law. Discussion of issues regarding legal arrangements for criminal acts of environmental pollution and responsibility for criminal acts of environmental pollution according to criminal law in Indonesia. In this case, the legal provisions for criminal acts of environmental pollution are regulated in Law No.32 of 2009 concerning Environmental Protection and Management. The accountability may be imposed on individuals, corporations and authorized officials.
{"title":"Pertanggungjawaban Pidana terhadap Pencemaran Lingkungan di Indonesia","authors":"I Komang Agus Edi Suryawan, I Nyoman Gede Sugiartha, I Nyoman Sutama","doi":"10.22225/juinhum.2.1.3092.59-63","DOIUrl":"https://doi.org/10.22225/juinhum.2.1.3092.59-63","url":null,"abstract":"The environment as a place to live and at the same time as a storage for waste from human activities. Can return to normal if the waste does not damage the environment. Environmental pollution has a bad impact on society. Research and reports from related institutions noted Indonesia's environmental problems, namely polluted rivers, the quality of the water must be considered because it is widely used by the community. The research method in this writing uses normative legal research, first examining the problem using the basis of statutory law. Discussion of issues regarding legal arrangements for criminal acts of environmental pollution and responsibility for criminal acts of environmental pollution according to criminal law in Indonesia. In this case, the legal provisions for criminal acts of environmental pollution are regulated in Law No.32 of 2009 concerning Environmental Protection and Management. The accountability may be imposed on individuals, corporations and authorized officials.","PeriodicalId":197649,"journal":{"name":"Jurnal Interpretasi Hukum","volume":"11 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-03-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126807541","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-03-26DOI: 10.22225/juinhum.2.1.3103.115-120
Putu Gede Putra Dharma Yasa, Ida Ayu Putu Widiati, I wayan arthanaya
Bumdes is a new approach that aims to improve the welfare of the village community in exploring the potential that the village has. Bumdes is managed by the village and assisted by the village community. The problems that exist in this research; how is the management of bumdes based on Law no. 6 of 2014 concerning Villages, how is the effectiveness of Sari Amertha Sudha Sidakarya in improving community welfare. This research is an empirical research with a social approach. The management of BUMDes must be carried out using the principles of cooperation, involvement, emancipation, not being covered up, calculated and sustainable. In implementing BUMDes management, there are three things that must be considered, namely strengthening the management capacity of BUMDes, BUMDes financial reporting and administration, and developing business units. Therefore, the direction of BUMDes development policy focuses on efforts to facilitate human resource development, strengthening institutions, increasing access to capital, and advocating for policies formulated based on priority scales. The effectiveness of bumdes Sari Amertha Sudha in an effort to improve the welfare of the village community through economic development. The form of community participation to participate in the development of BUMDes is to participate in planning, participate in efforts to manage bumdes and participate in monitoring and evaluating bumdes Sari Amertha Sudha Sidakarya.
Bumdes是一种新的方法，旨在通过探索村庄的潜力来改善村庄社区的福利。Bumdes由村庄管理，由村庄社区协助。本研究存在的问题;如何根据第2号法对农场进行管理?关于村庄的2014年第6号决议，Sari Amertha Sudha Sidakarya在改善社区福利方面的有效性如何?本研究是一种社会方法的实证研究。BUMDes的管理必须遵循合作、参与、解放、不掩盖、有计划和可持续的原则。在实施本单位管理时，必须考虑三点，即加强本单位的管理能力，加强本单位的财务报告和管理，发展业务单位。因此，工发组织发展政策的方向侧重于促进人力资源开发、加强机构、增加获得资本的机会和倡导根据优先比额表制定的政策。bumdes Sari Amertha Sudha在努力通过经济发展改善村庄社区福利方面的有效性。社区参与BUMDes发展的形式是参与规划，参与管理BUMDes的工作，参与监测和评估BUMDes。
{"title":"Fungsi Badan Usaha Milik Desa (BUMDES) Sari Amertha Sudha Sidakarya dalam Meningkatkan Kesejahteraan Masyarakat Desa","authors":"Putu Gede Putra Dharma Yasa, Ida Ayu Putu Widiati, I wayan arthanaya","doi":"10.22225/juinhum.2.1.3103.115-120","DOIUrl":"https://doi.org/10.22225/juinhum.2.1.3103.115-120","url":null,"abstract":"Bumdes is a new approach that aims to improve the welfare of the village community in exploring the potential that the village has. Bumdes is managed by the village and assisted by the village community. The problems that exist in this research; how is the management of bumdes based on Law no. 6 of 2014 concerning Villages, how is the effectiveness of Sari Amertha Sudha Sidakarya in improving community welfare. This research is an empirical research with a social approach. The management of BUMDes must be carried out using the principles of cooperation, involvement, emancipation, not being covered up, calculated and sustainable. In implementing BUMDes management, there are three things that must be considered, namely strengthening the management capacity of BUMDes, BUMDes financial reporting and administration, and developing business units. Therefore, the direction of BUMDes development policy focuses on efforts to facilitate human resource development, strengthening institutions, increasing access to capital, and advocating for policies formulated based on priority scales. The effectiveness of bumdes Sari Amertha Sudha in an effort to improve the welfare of the village community through economic development. The form of community participation to participate in the development of BUMDes is to participate in planning, participate in efforts to manage bumdes and participate in monitoring and evaluating bumdes Sari Amertha Sudha Sidakarya.","PeriodicalId":197649,"journal":{"name":"Jurnal Interpretasi Hukum","volume":"30 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-03-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123357661","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-03-26DOI: 10.22225/juinhum.2.1.3109.158-162
Robertus Berli Puryanto, I Nyoman Putu Budiartha, Ni Made Puspasutari Ujianti
Labor is something that is needed by an employing company in carrying out its economic activities. This can be seen in the constitutional arrangements of the Republic of Indonesia in Article 27 paragraph (2) of the 1945 Constitution of the Republic of Indonesia. In the implementation of the working relationship between workers and the employing company, there are several rights and obligations that must be fulfilled between the two parties. Because there are provisions regarding work agreements that are differentiated based on the form of the agreement, each worker has different rights where these rights must be guaranteed by the company based on law. From this, the problems that will be examined are legal protection for workers with an unwritten work agreement at the employing company, as well as legal remedies that can be taken by workers with an unwritten agreement in the event of a violation of rights by the company. The research method used is normative legal research, namely legal research conducted by examining existing library materials. By examining problems by looking at existing regulations, and describing problems that occur in practice or in everyday life in society. From the research conducted, it was found that legal protection for workers with an unwritten work agreement at the employing company is regulated based on Law Number 13 of 2003 concerning Manpower where the basis is that the applicable work agreement is an indefinite work agreement so that the rights obtained under the provisions of the law. Then efforts that can be made if there is a violation of the law in work relations is based on Law Number 20 of 2004 concerning Industrial Relations Dispute Settlement, namely in the form of Bipartite, Tripartite (Mediation, Consoliation and Arbitration) negotiations, as well as through Trials at the Industrial Relations Court.
{"title":"Perlindungan Hukum bagi Pekerja Dengan Perjanjian Kerja Tidak Tertulis pada Perusahaan Pemberi Kerja","authors":"Robertus Berli Puryanto, I Nyoman Putu Budiartha, Ni Made Puspasutari Ujianti","doi":"10.22225/juinhum.2.1.3109.158-162","DOIUrl":"https://doi.org/10.22225/juinhum.2.1.3109.158-162","url":null,"abstract":"Labor is something that is needed by an employing company in carrying out its economic activities. This can be seen in the constitutional arrangements of the Republic of Indonesia in Article 27 paragraph (2) of the 1945 Constitution of the Republic of Indonesia. In the implementation of the working relationship between workers and the employing company, there are several rights and obligations that must be fulfilled between the two parties. Because there are provisions regarding work agreements that are differentiated based on the form of the agreement, each worker has different rights where these rights must be guaranteed by the company based on law. From this, the problems that will be examined are legal protection for workers with an unwritten work agreement at the employing company, as well as legal remedies that can be taken by workers with an unwritten agreement in the event of a violation of rights by the company. The research method used is normative legal research, namely legal research conducted by examining existing library materials. By examining problems by looking at existing regulations, and describing problems that occur in practice or in everyday life in society. From the research conducted, it was found that legal protection for workers with an unwritten work agreement at the employing company is regulated based on Law Number 13 of 2003 concerning Manpower where the basis is that the applicable work agreement is an indefinite work agreement so that the rights obtained under the provisions of the law. Then efforts that can be made if there is a violation of the law in work relations is based on Law Number 20 of 2004 concerning Industrial Relations Dispute Settlement, namely in the form of Bipartite, Tripartite (Mediation, Consoliation and Arbitration) negotiations, as well as through Trials at the Industrial Relations Court.","PeriodicalId":197649,"journal":{"name":"Jurnal Interpretasi Hukum","volume":"25 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-03-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114573682","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-03-26DOI: 10.22225/juinhum.2.1.3102.109-114
Kadek Dewi Darmayanti, I Nyoman Putu Budiartha, Ni Made Puspasutari Ujianti
The very high demand for fuel oil in Denpasar is considered as a business opportunity that provides great benefits In the business activity of selling First Oil Fuel business actors use the logo belonging to PT Pertamina to attract consumers The use of the same logo as PT Pertamina is not justified because it does not have a license or license from the trademark owner The research method in this writing uses empirical research The author discusses two legal issues namely the legality of the use of the PT Pertamina (Persero) against the logo of the fuel oil seller trading business in Denpasar City and the sanctions imposed on the business actor selling the Pertamina oil fuel Based on the results of the data obtained it shows that Pertamini does not have a permit from PT Pertamina to use the logo and most of the Pertamini business actors do not have a business license so that the Pertamina business actors can be subject to a maximum imprisonment of 5 (five) years and / or a maximum fine of IDR 2 000 000 000 00 (two billion rupiah) 100 paragraph (1) of Law Number 20 of 2016 concerning Marks and Geographical Indications.
{"title":"Akibat Hukum Penggunaan Logo Perusahaan PT Pertamina (Persero) oleh Pelaku Usaha Penjual Bahan Bakar Minyak Pertamini Di Kota Denpasar","authors":"Kadek Dewi Darmayanti, I Nyoman Putu Budiartha, Ni Made Puspasutari Ujianti","doi":"10.22225/juinhum.2.1.3102.109-114","DOIUrl":"https://doi.org/10.22225/juinhum.2.1.3102.109-114","url":null,"abstract":"The very high demand for fuel oil in Denpasar is considered as a business opportunity that provides great benefits In the business activity of selling First Oil Fuel business actors use the logo belonging to PT Pertamina to attract consumers The use of the same logo as PT Pertamina is not justified because it does not have a license or license from the trademark owner The research method in this writing uses empirical research The author discusses two legal issues namely the legality of the use of the PT Pertamina (Persero) against the logo of the fuel oil seller trading business in Denpasar City and the sanctions imposed on the business actor selling the Pertamina oil fuel Based on the results of the data obtained it shows that Pertamini does not have a permit from PT Pertamina to use the logo and most of the Pertamini business actors do not have a business license so that the Pertamina business actors can be subject to a maximum imprisonment of 5 (five) years and / or a maximum fine of IDR 2 000 000 000 00 (two billion rupiah) 100 paragraph (1) of Law Number 20 of 2016 concerning Marks and Geographical Indications.","PeriodicalId":197649,"journal":{"name":"Jurnal Interpretasi Hukum","volume":"26 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-03-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130407314","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-03-26DOI: 10.22225/juinhum.2.1.3108.195-199
Rezky Ayu Saraswati, I Nyoman Sujana, Diah Gayatri Sudibya
The rise of drug trafficking involving children as narcotics couriers is a problem that needs serious attention from both the government, law enforcement and the community. Children who commit crimes must continue to obtain legal protection in the best interests of the child. Child protection is contained in Law number 11 of 2012 concerning the juvenile justice system, where at the moment children can become narcotics abuse even as narcotics brokers with the rampant abuse of narcotics for all circles both in Indonesia and in the international world. The formulation of the problem raised is how is the basis for judges' consideration in imposing criminal sanctions on children as intermediaries for narcotics? And what is the legal protection of children as an intermediary for narcotics? The problems to be discussed will be examined based on normative perspectives and the legislative approach to the decisions of the Denpasar District Court No. 14 / Pid.Sus Anak / 2015 / PN. Dps, that the judge considers that the accused child has committed narcotics crimes by being charged Law number 35 of 2009 concerning narcotics, which can be sentenced to a minimum of 5 years and a maximum of 20 years and can be subject to fines. Legal protection for children is carried out by judges by imposing criminal training on employment in a generation of Indonesian foundations, solely so that children can carry out their activities as usual when they return to the community and do not disturb their psychic rights and can increase their skills in children. The child does not return to committing a crime.
涉及儿童作为毒品信使的毒品贩运活动的增加是一个需要政府、执法部门和社区认真关注的问题。为了儿童的最大利益，犯罪的儿童必须继续获得法律保护。关于少年司法制度的2012年第11号法律载有保护儿童的规定，目前儿童可能成为滥用麻醉品的人，甚至成为麻醉品经纪人，在印度尼西亚和国际社会的各个阶层都猖獗滥用麻醉品。所提问题的提法是，法官在考虑对作为麻醉品中介的儿童实施刑事制裁时，依据是什么?儿童作为麻醉品中介的法律保护是什么?将要讨论的问题将根据对登巴萨地区法院第14 / Pid号判决的规范观点和立法方法加以审查。Sus Anak / 2015 / PN。Dps，法官认为被告儿童触犯了2009年关于毒品的第35号法律，犯有毒品罪，可判处最低5年至最高20年徒刑，并可处以罚款。对儿童的法律保护是由法官通过在印度尼西亚的一代基金会中对就业进行刑事培训来实施的，其唯一目的是使儿童在返回社区时能够像往常一样进行活动，而不干扰他们的精神权利，并能够提高他们对儿童的技能。孩子不会再犯罪了。
{"title":"Perlindungan Hukum Terhadap Anak Sebagai Perantara Narkotika (Study Putusan No.14/Pid.Sus Anak.2015/PN.Dps)","authors":"Rezky Ayu Saraswati, I Nyoman Sujana, Diah Gayatri Sudibya","doi":"10.22225/juinhum.2.1.3108.195-199","DOIUrl":"https://doi.org/10.22225/juinhum.2.1.3108.195-199","url":null,"abstract":"The rise of drug trafficking involving children as narcotics couriers is a problem that needs serious attention from both the government, law enforcement and the community. Children who commit crimes must continue to obtain legal protection in the best interests of the child. Child protection is contained in Law number 11 of 2012 concerning the juvenile justice system, where at the moment children can become narcotics abuse even as narcotics brokers with the rampant abuse of narcotics for all circles both in Indonesia and in the international world. The formulation of the problem raised is how is the basis for judges' consideration in imposing criminal sanctions on children as intermediaries for narcotics? And what is the legal protection of children as an intermediary for narcotics? The problems to be discussed will be examined based on normative perspectives and the legislative approach to the decisions of the Denpasar District Court No. 14 / Pid.Sus Anak / 2015 / PN. Dps, that the judge considers that the accused child has committed narcotics crimes by being charged Law number 35 of 2009 concerning narcotics, which can be sentenced to a minimum of 5 years and a maximum of 20 years and can be subject to fines. Legal protection for children is carried out by judges by imposing criminal training on employment in a generation of Indonesian foundations, solely so that children can carry out their activities as usual when they return to the community and do not disturb their psychic rights and can increase their skills in children. The child does not return to committing a crime.","PeriodicalId":197649,"journal":{"name":"Jurnal Interpretasi Hukum","volume":"8 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-03-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133135199","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-03-26DOI: 10.22225/juinhum.2.1.3104.200-206
Putu Nita Yulistian, I Nyoman Putu Budiartha, I wayan arthanaya
The development of technology in the medical world has led to surrogation methods as an alternative for married couples who cannot have children due to medical indications. Surrogation is an agreement between a woman and the husband and wife to become pregnant by donating the embryo of the husband and wife into the woman's womb and the child born is handed over to the husband and wife who make this agreement. This raises legal issues, namely how the existence of a surrogation agreement according to the health law and the Civil Code and how the inheritance rights of children born as a result of the surrogation agreement. This study uses normative research with a statutory and conceptual approach using primary, secondary and tertiary legal materials. The results of this study indicate that the existence of a surrogation agreement does not exist specifically, but based on the logic of argumentum a contrario, article 127 paragraph (1) letter a of the Health Law, article 40 paragraph (2) and article 43 paragraph (3) letter b Government regulations concerning reproductive health prohibits the practice of surrogation in Indonesia and the surrogation agreement is declared invalid according to article 1320 of the Civil Code because it does not meet the objective requirements. If the child is born, according to the Marriage Law, the child has the right to inherit to the surrogate woman's legal husband or to the surrogate woman and her family. However, if the child is adopted by the biological parent, the civil relationship between the child and the biological parent will be cut off and the right to inherit from the adoptive parent, in this case the biological parent of the child.
{"title":"Hak Waris Anak yang Dilahirkan melalui Perjanjian Surogasi","authors":"Putu Nita Yulistian, I Nyoman Putu Budiartha, I wayan arthanaya","doi":"10.22225/juinhum.2.1.3104.200-206","DOIUrl":"https://doi.org/10.22225/juinhum.2.1.3104.200-206","url":null,"abstract":"The development of technology in the medical world has led to surrogation methods as an alternative for married couples who cannot have children due to medical indications. Surrogation is an agreement between a woman and the husband and wife to become pregnant by donating the embryo of the husband and wife into the woman's womb and the child born is handed over to the husband and wife who make this agreement. This raises legal issues, namely how the existence of a surrogation agreement according to the health law and the Civil Code and how the inheritance rights of children born as a result of the surrogation agreement. This study uses normative research with a statutory and conceptual approach using primary, secondary and tertiary legal materials. The results of this study indicate that the existence of a surrogation agreement does not exist specifically, but based on the logic of argumentum a contrario, article 127 paragraph (1) letter a of the Health Law, article 40 paragraph (2) and article 43 paragraph (3) letter b Government regulations concerning reproductive health prohibits the practice of surrogation in Indonesia and the surrogation agreement is declared invalid according to article 1320 of the Civil Code because it does not meet the objective requirements. If the child is born, according to the Marriage Law, the child has the right to inherit to the surrogate woman's legal husband or to the surrogate woman and her family. However, if the child is adopted by the biological parent, the civil relationship between the child and the biological parent will be cut off and the right to inherit from the adoptive parent, in this case the biological parent of the child.","PeriodicalId":197649,"journal":{"name":"Jurnal Interpretasi Hukum","volume":"44 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-03-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126128402","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-03-26DOI: 10.22225/juinhum.2.1.3101.103-108
Kadek Della Ayu Saputri, I Nyoman Putu Budiartha, Desak Gde Dwi Arini
Fiduciary is one of the efficient guarantees for people who need funds amid the Covid-19 pandemic as is known the impact of this pandemic can be seen in the economic sector in Indonesia Banks are an effective intermediary institution as a channel for funds for productive financing activities which will encourage economic growth itself In this study discusses how PT Bank Mayapada Internasional Denpasar Branch provides policies in the midst of a pandemic like this then regarding the implementation of providing credit with fiduciary guarantees during the Covid-19 period as well as regarding the settlement of defaults related to providing credit with fiduciary guarantees during the Covid-19 period The type of research used is empirical legal research Based on the results of the study it is concluded that the implementation of the provision of credit during this pandemic begins with submitting a restructuring application then conducts analysis such as cash flow latest financial report checking account for the last three months collateral condition debtor s business visit and finally a new agreement is made Then the settlement of default is done by restructuring then mediation and finally by bringing the guarantee to the auction body.
{"title":"Pemberian Kredit dengan Jaminan Fidusia pada PT Bank Mayapada Internasional Cabang Denpasar pada Masa Covid-19","authors":"Kadek Della Ayu Saputri, I Nyoman Putu Budiartha, Desak Gde Dwi Arini","doi":"10.22225/juinhum.2.1.3101.103-108","DOIUrl":"https://doi.org/10.22225/juinhum.2.1.3101.103-108","url":null,"abstract":"Fiduciary is one of the efficient guarantees for people who need funds amid the Covid-19 pandemic as is known the impact of this pandemic can be seen in the economic sector in Indonesia Banks are an effective intermediary institution as a channel for funds for productive financing activities which will encourage economic growth itself In this study discusses how PT Bank Mayapada Internasional Denpasar Branch provides policies in the midst of a pandemic like this then regarding the implementation of providing credit with fiduciary guarantees during the Covid-19 period as well as regarding the settlement of defaults related to providing credit with fiduciary guarantees during the Covid-19 period The type of research used is empirical legal research Based on the results of the study it is concluded that the implementation of the provision of credit during this pandemic begins with submitting a restructuring application then conducts analysis such as cash flow latest financial report checking account for the last three months collateral condition debtor s business visit and finally a new agreement is made Then the settlement of default is done by restructuring then mediation and finally by bringing the guarantee to the auction body.","PeriodicalId":197649,"journal":{"name":"Jurnal Interpretasi Hukum","volume":"24 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-03-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125156068","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-03-26DOI: 10.22225/juinhum.2.1.3087.189-194
I. Pradewi, I. N. Sugiartha, I. Widia
Gambling is a bet with risk values that are intentionally aware of the risks. The formulation problem is Why togel gambling crimes are still prevalent in the community? And What is the consideration of the Judge in dropping the verdict against the perpetrators of the togel gambling crimes?. The type of research used is the normative legal research type. The approach method used a statutory approach. While technique collecting legal materials used by analyzing court decisions. In conclusion, the rising gambling in Indonesian society is due to one of the impositions of criminal sanctions against perpetrators who are too light. While the case The Verdict Number 23/PID.B/2020/PNBLI caused by economic and environmental factors involving Defendant Nyoman Pageh and is subject to a prison sentence of 5 months on charges of violating the provisions Article 303 paragraph (1) of the Criminal Code jo Article 2 of Law No. 7 of 1974. The judge's consideration verdict is based on the consideration of a juridical judge. As for the incriminating circumstances, his actions do not support the government's program in the eradication of gambling, while the circumstances that relieve is, the defendant regrets and promises not to repeat his actions again, the defendant behaved politely at the trial.
{"title":"Sanksi Pidana terhadap Pelaku Tindak Pidana Perjudian Togel (Studi Kasus Putusan Pengadilan Negeri Bangli Nomor 23/PID.B/2020/PNBLI)","authors":"I. Pradewi, I. N. Sugiartha, I. Widia","doi":"10.22225/juinhum.2.1.3087.189-194","DOIUrl":"https://doi.org/10.22225/juinhum.2.1.3087.189-194","url":null,"abstract":"Gambling is a bet with risk values that are intentionally aware of the risks. The formulation problem is Why togel gambling crimes are still prevalent in the community? And What is the consideration of the Judge in dropping the verdict against the perpetrators of the togel gambling crimes?. The type of research used is the normative legal research type. The approach method used a statutory approach. While technique collecting legal materials used by analyzing court decisions. In conclusion, the rising gambling in Indonesian society is due to one of the impositions of criminal sanctions against perpetrators who are too light. While the case The Verdict Number 23/PID.B/2020/PNBLI caused by economic and environmental factors involving Defendant Nyoman Pageh and is subject to a prison sentence of 5 months on charges of violating the provisions Article 303 paragraph (1) of the Criminal Code jo Article 2 of Law No. 7 of 1974. The judge's consideration verdict is based on the consideration of a juridical judge. As for the incriminating circumstances, his actions do not support the government's program in the eradication of gambling, while the circumstances that relieve is, the defendant regrets and promises not to repeat his actions again, the defendant behaved politely at the trial.","PeriodicalId":197649,"journal":{"name":"Jurnal Interpretasi Hukum","volume":"23 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-03-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129344619","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-03-26DOI: 10.22225/juinhum.2.1.3096.79-83
Agus Suarnegara, I Made Suwitra, I Ketut Sukadana
The legal position of Astra's children in Balinese traditional inheritance law after their parents are legally married will follow their father. Many are found in community life, the incidence of children born to women who are not yet in a legal marriage bond so that it can cause problems. This study aims to explain the legal position of Astra's children after the enactment of Law Number 1 of 1974 concerning Marriage and to describe the inheritance rights of Astra's children in Balinese customary law after their biological parents are legally married. This study used normative research by examining the prevailing laws and regulations by relating the realities in the field, in this regard, of course, the right approach is the Legislative Approach. The legal materials used were primary and secondary legal materials. Furthermore, the collected legal materials are processed and analyzed using systematic interpretation analysis techniques. The results showed that the position of Anak Astra after the enactment of Law no. 1 of 1974, legally only has a civil relationship with his mother and his mother's family. The rights of Astra's children in Balinese customary law After their biological parents get married legally in Bali, it is after Astra's child is born in a legal marriage that his rights and status are according to his father (purusa).
{"title":"Kedudukan Hukum Anak Astra dalam Hukum Waris Adat Bali Setelah Orang Tua Biologisnya Kawin Sah","authors":"Agus Suarnegara, I Made Suwitra, I Ketut Sukadana","doi":"10.22225/juinhum.2.1.3096.79-83","DOIUrl":"https://doi.org/10.22225/juinhum.2.1.3096.79-83","url":null,"abstract":"The legal position of Astra's children in Balinese traditional inheritance law after their parents are legally married will follow their father. Many are found in community life, the incidence of children born to women who are not yet in a legal marriage bond so that it can cause problems. This study aims to explain the legal position of Astra's children after the enactment of Law Number 1 of 1974 concerning Marriage and to describe the inheritance rights of Astra's children in Balinese customary law after their biological parents are legally married. This study used normative research by examining the prevailing laws and regulations by relating the realities in the field, in this regard, of course, the right approach is the Legislative Approach. The legal materials used were primary and secondary legal materials. Furthermore, the collected legal materials are processed and analyzed using systematic interpretation analysis techniques. The results showed that the position of Anak Astra after the enactment of Law no. 1 of 1974, legally only has a civil relationship with his mother and his mother's family. The rights of Astra's children in Balinese customary law After their biological parents get married legally in Bali, it is after Astra's child is born in a legal marriage that his rights and status are according to his father (purusa).","PeriodicalId":197649,"journal":{"name":"Jurnal Interpretasi Hukum","volume":"97 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-03-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134364891","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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