Jurnal Interpretasi Hukum最新文献

{"title":"Kedudukan Hukum Pemegang Hak Preferen dan Retensi terhadap Perusahaan PT Bukit Inn Resort yang Dinyatakan Pailit","authors":"I Putu Angga Septayana, I. Budiartha, Ni Made Puspasutari Ujianti","doi":"10.22225/juinhum.3.1.4751.215-219","DOIUrl":"https://doi.org/10.22225/juinhum.3.1.4751.215-219","url":null,"abstract":"  \u0000Entrepreneurs have a strategy so that their business is always in a stable condition, namely by borrowing additional funds from third parties. Especially in Bali, entrepreneurs can seek additional funds through financial institutions/LPDs (Village Credit Institutions). However, many companies were declared bankrupt because they did not fulfill their obligations. This study aims to examine the legal position of the holder of preference rights and retention of the company PT. Bukit INN Resort which was declared bankrupt. The method used in this study is the normative legal method with a statutory, conceptual and case approach. This study uses primary and secondary data. Analysis of the data used is a qualitative analysis. The results showed that the settlement of preference rights and retention rights for the curator of the company PT. Bukit INN Resort is carried out in accordance with the provisions of Article 15 paragraph (1) of Law no. 37 of 2004. Legal efforts are carried out by the parties concerned who must explicitly do so in order to obtain a solution or settlement of the legal problems they face, after taking legal action, the parties concerned will obtain a judge's decision that has legal force.","PeriodicalId":197649,"journal":{"name":"Jurnal Interpretasi Hukum","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2022-03-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127114109","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}

{"title":"Perlindungan Hukum Terhadap Pekerja dalam Hal Perusahaan Mengalami Kepailitan dan Penundaan Kewajiban Pembayaran Utang","authors":"Ni Putu Trisna Dewi, I. Budiartha","doi":"10.22225/juinhum.3.1.4737.159-163","DOIUrl":"https://doi.org/10.22225/juinhum.3.1.4737.159-163","url":null,"abstract":"  \u0000Bankruptcy is the legal position accepted by the debtor because of the bankruptcy decision by the justice institution. As a result of the bankruptcy decision, the debtor's assets are placed under confiscation which can make the debtor unable to own his wealth. This is because until the bankruptcy estate is settled by the bankruptcy estate manager in Bankruptcy Legal and PKPU is called a Curator. This study describes the form of legal protection for workers in the event that the company experiences bankruptcy and delays debt payment obligations. This research uses normative regulatory research and legal and conceptual approaches. Sources of data in the study using primary, secondary, and tertiary legal materials. Qualitative methods are used to analyze the data in drawing conclusions. The end of this discussion explains the rights obtained by workers when their company goes into bankruptcy as regulated in the Manpower Regulations and legal remedies for workers to obtain their rights related to the company's obligations related to bankruptcy and postponement of obligations to pay debts by filing a PKPU so that debtors can submit a plan to make peace by offering an offer to pay debts to creditors.","PeriodicalId":197649,"journal":{"name":"Jurnal Interpretasi Hukum","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2022-03-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123248154","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}

{"title":"Penegakan Hukum Pidana terhadap Pelaku Vandalisme pada Rambu Lalu Lintas","authors":"Kadek Putra Dwi Payana, Anak Agung Sagung Laksmi Dewi, I Made Minggu Widyantara","doi":"10.22225/juinhum.3.1.4635.37-42","DOIUrl":"https://doi.org/10.22225/juinhum.3.1.4635.37-42","url":null,"abstract":"Vandalism has quite a negative impact on human life such as disrupting the function of public facilities, for example, vandalism in the form of graffiti on traffic signs which in addition to damaging the function of traffic signs can also endanger road users.  Therefore, it is necessary to enforce the law on the crime of vandalism in order to provide a deterrent effect by giving sanctions to the perpetrators of vandalism.  The purpose of this study is to determine the legal arrangements against vandalism perpetrators on traffic signs and to discuss criminal sanctions that can be imposed on perpetrators of vandalism on traffic signs. The research method that the author uses is normative legal research. The sources of legal material in this study consist of secondary, primary and tertiary legal sources used in this study. These materials are collected by means of recording techniques, file systems, and document studies which will be analyzed systematically. in Article 275 paragraph (2) of Law Number 22 of 2009 concerning Road Traffic and Transportation. The author suggests to the government to immediately make a specific law, and the public to immediately report it to the authorities if there are acts of vandalism","PeriodicalId":197649,"journal":{"name":"Jurnal Interpretasi Hukum","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2022-03-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122892566","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}

{"title":"Kajian Yuridis Tindak Pidana Pemalsuan Surat secara Bersama-Sama (Studi Kasus Putusan Pengadilan Negeri Jakarta Timur Nomor 305/Pid.B/2021/PN Jkt.Timur)","authors":"I Gede Eka Suantara, I Nyoman Gede Sugiartha, Ni Made Sukaryati Karma","doi":"10.22225/juinhum.3.1.4640.66-71","DOIUrl":"https://doi.org/10.22225/juinhum.3.1.4640.66-71","url":null,"abstract":"Indonesia is a legal state in which all aspects are regulated by applicable law to determine the obligations, rights and obligations in monitoring one's own and social desires. Of course, the existence of applicable laws in Indonesia has a very good influence in order because it can control all kinds of criminal activities that occur in society. This study aims to reveal the form of criminal sanctions and legal considerations given by the panel of judges in imposing a sentence on the perpetrators of the crime of forging letters which were carried out together. This research uses normative legal writing method. Sources of data used are primary and secondary data. Data analysis is used in a qualitative, in-depth and comprehensive way and when analyzing legal materials, namely by argumentation through explaining legal incident materials or legal results in detail to facilitate interpretation in the analysis. The results in the study indicate that in terms of considering the judge's role when giving criminal sanctions to the defendant on behalf of Ahmad Saifudin in the decision Number 305/Pid.B/2021/PN Jkt.Tim, in which the defendant was sentenced for what he had done, he was sentenced to 1 year 2 months jail. The conclusion of the study is that joint criminal sanctions in carrying out the criminal act of forging letters together can be imposed as described in Article 263 paragraph (1) of the Criminal Code regarding the crime of forging letters, threatened with imprisonment for a maximum of six years. The researcher hopes that in deciding a case the judge can consider everything","PeriodicalId":197649,"journal":{"name":"Jurnal Interpretasi Hukum","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2022-03-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127911861","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}

{"title":"Peran Polisi Kehutanan dalam Perlindungan Satwa Liar (Studi Kasus di Balai Konservasi Sumber Daya Alam Bali)","authors":"Komang Gede Pramantara, I. Widyantara, I. W. Arthanaya","doi":"10.22225/juinhum.3.1.4741.182-187","DOIUrl":"https://doi.org/10.22225/juinhum.3.1.4741.182-187","url":null,"abstract":"  \u0000Irresponsible actions that can cause damage to nature reserves and conservation areas where there is rampant hunting of protected wildlife that can damage the ecosystem. Forestry Police at the Natural Resources Conservation Center as law enforcers who have the duty and authority to protect and implement forest, plant and animal security. The purpose of this research is to address the causes of wildlife violations in Bali's natural resource conservation areas, as well as to find out how the role of the forest police from the Bali Natural Resources Conservation Center is in protecting wildlife in Bali's natural resource conservation areas. The research uses empirical research methods using a sociological juridical approach. The form of data used is Primary, Secondary, and Tertiary data. To find out the results in this study, data analysis using qualitative methods. The results of this study indicate that the Forestry Police who are at the Bali BKSDA carry out patrols and monitoring in nature, protect the community, install warning boards, make captive areas, coordinate with related agencies and carry out socialization.","PeriodicalId":197649,"journal":{"name":"Jurnal Interpretasi Hukum","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2022-03-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114255302","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}

{"title":"Pertanggungjawaban Pidana terhadap Pengeroyokan oleh Anak di Bawah Umur Mengakibatkan Kematian","authors":"Ayu Ratih Indra Kusumawati, A. A. S. L. Dewi, L. Suryani","doi":"10.22225/juinhum.3.1.4744.199-203","DOIUrl":"https://doi.org/10.22225/juinhum.3.1.4744.199-203","url":null,"abstract":"  ","PeriodicalId":197649,"journal":{"name":"Jurnal Interpretasi Hukum","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2022-03-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122699794","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}

{"title":"Sanksi Pidana terhadap Pelaku Perburuan Gading Gajah di Indonesia","authors":"Made Dwi Mahayuni Dharmayanti, A. A. S. L. Dewi, I. N. Sutama","doi":"10.22225/juinhum.3.1.4738.164-168","DOIUrl":"https://doi.org/10.22225/juinhum.3.1.4738.164-168","url":null,"abstract":"  \u0000Humans as social beings have different behaviors, traits and attitudes from one another. Humans do various ways to meet their needs, one of which is hunting. Hunting for elephant tusks is one of the causes of the decline in the elephant population. Thus, criminal sanctions against the perpetrators are one of the things that need to be considered to keep the elephant population from becoming extinct. This research aims to reveal the form of criminal sanctions against perpetrators of poaching elephant ivory in Indonesia. The method used is a normative legal research method with an approach to legal norms in accordance with the applicable laws and regulations. Sources of data used in the form of primary, secondary and tertiary data. Data were analyzed by descriptive method. The analyzed data reveals that the legal regulation regarding the prohibition of hunting for elephant ivory in Indonesia is contained in Article 21 paragraph (2) of Law Number 5 of 1990 and Article 17 jo. Article 20 of Government Regulation Number 13 of 1994. Criminal sanctions against perpetrators of poaching elephant ivory are regulated in Article 40 of Law Number 5 of 1990. Law enforcers are expected to provide the fairest sanctions and can provide a deterrent effect to perpetrators so that perpetrators and potential perpetrators do not do the same thing.","PeriodicalId":197649,"journal":{"name":"Jurnal Interpretasi Hukum","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2022-03-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126647482","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}

{"title":"Perlindungan Hukum terhadap Tenaga Kerja pada Usaha Dagang (UD) Sari Yasa di Denpasar","authors":"Dewa Ayu Warta Meilaningsih, I. N. Sugiartha, Ni Made Puspasutari Ujianti","doi":"10.22225/juinhum.3.1.4739.169-175","DOIUrl":"https://doi.org/10.22225/juinhum.3.1.4739.169-175","url":null,"abstract":"  \u0000Business Trading (UD) is a business entity that is run independently by one person only and does not require a partner in doing business. Sari Yasa Trading Company or Trading Company (UD) located in Denpasar. Such as employees or workers who are dishonest and even commit acts against the law in helping carry out business activities and the legal protection provided by a company to its employees or workers considering that the Trading Company or Trading Business (UD) has not been explicitly regulated in the laws and regulations. This study aims to reveal the form of legal protection for workers at the Sari Yasa Trading Business (UD) in Denpasar. The type of research used in this research is empirical legal research with a sociology of law approach that studies the reciprocal relationship between law and other social phenomena. The source of data in this study is primary data and secondary data. The data in this study were processed using qualitative analysis, where the data obtained were presented in a descriptive analysis. The results of this study indicate that because the Trading Company (UD) is not a legal entity, it is therefore full of civil and criminal responsibility for the company's employees. The form of legal protection is to make a work agreement in which the substance has been adjusted to the applicable laws and regulations.","PeriodicalId":197649,"journal":{"name":"Jurnal Interpretasi Hukum","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2022-03-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127144585","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}

{"title":"Konsep Anti Eco-Slapp dalam Undang-Undang Nomor 32 Tahun 2009 tentang Perlindungan dan Pengelolaan Lingkungan Hidup","authors":"Nyoman Gede Aditya Jay Medhika, A. A. S. L. Dewi, L. Suryani","doi":"10.22225/juinhum.3.1.4752.220-224","DOIUrl":"https://doi.org/10.22225/juinhum.3.1.4752.220-224","url":null,"abstract":"  \u0000There are several weaknesses in the regulation of the Anti Eco-SLAPP concept in Indonesia, which can hinder the implementation of the Anti Eco-SLAPP concept and cause protection for community participation to still have room for criminalization. This study aims to describe the regulation of the anti-Eco-SLAPP concept in Law Number 32 of 2009 concerning Environmental Protection and Management. This type of research is normative law. This study uses a statute approach by examining the laws and regulations. The data used in this study are primary and secondary data. Data analysis was carried out using qualitative analysis. The data that has been analyzed shows that Anti Eco SLAPP has been regulated in Article 66 of the UUPPLH, which emphasizes that every individual who strives for the right to a good and healthy environment cannot be prosecuted criminally or civilly. In operationalizing Article 66 of the PPLH Law, it is hoped that there are four things that must be considered, namely: the requirements for protection and who is the subject being protected as well as the type of Eco-SLAPP action and the requirements for determining Eco-SLAPP. \u0000There are several weaknesses in the regulation of the Anti Eco-SLAPP concept in Indonesia, which can hinder the implementation of the Anti Eco-SLAPP concept and cause protection for community participation to still have room for criminalization. This study aims to describe the regulation of the anti-Eco-SLAPP concept in Law Number 32 of 2009 concerning Environmental Protection and Management. This type of research is normative law. This study uses a statute approach by examining the laws and regulations. The data used in this study are primary and secondary data. Data analysis was carried out using qualitative analysis. The data that has been analyzed shows that Anti Eco SLAPP has been regulated in Article 66 of the UUPPLH, which emphasizes that every individual who strives for the right to a good and healthy environment cannot be prosecuted criminally or civilly. In operationalizing Article 66 of the PPLH Law, it is hoped that there are four things that must be considered, namely: the requirements for protection and who is the subject being protected as well as the type of Eco-SLAPP action and the requirements for determining Eco-SLAPP.","PeriodicalId":197649,"journal":{"name":"Jurnal Interpretasi Hukum","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2022-03-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127162237","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}

{"title":"Perlindungan Hukum bagi Pencipta terhadap Buku Bajakan yang Dijual Melalui Media Online","authors":"Anggia Maharani Putri, Anak Agung Sagung Laksmi Dewi, Ni Made Puspasutari Ujianti","doi":"10.22225/juinhum.3.1.4634.31-36","DOIUrl":"https://doi.org/10.22225/juinhum.3.1.4634.31-36","url":null,"abstract":"Indonesia as a legal state provides protection to the entire community, one of which is by providing legal protection for books as one of the copyrights. Book copyrights experience the most violations such as piracy. Many pirated books are traded through online media. The rise of pirated book sales activities through online media is important to raise this phenomenon into a study. This research aims to discuss legal protection for creators and examine the legal consequences of selling pirated books through online media. In this study using a normative legal research system with a library approach and legislation regarding copyright is needed in this research. Primary Legal Materials are the main legal materials in research obtained from legislation. The secondary legal materials contained in this study are in the form of literature books. Tertiary Legal Materials, namely supporting legal materials such as general dictionaries, legal dictionaries and encyclopaedias. The data collection technique using the method of quoting, summarizing. The result of this research shows that the protection given to the author against book piracy is to protect the moral rights and economic rights of the author so that only the author can get economic benefits from the work, not other parties. The legal consequences of selling pirated books are fines and imprisonment. It is hoped that the government can act more decisively in eradicating book piracy and the public can appreciate a creation more so that cases of book piracy in Indonesia can decrease","PeriodicalId":197649,"journal":{"name":"Jurnal Interpretasi Hukum","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2022-03-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116877994","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}