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Dessy Lina Oktaviani Suendra
Fakultas Hukum, Universitas Warmadewa, Denpasar, Bali-Indonesia

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Kebijakan Hukum Terhadap Tindak Pidana Child Grooming Dessy Lina Oktaviani Suendra; Kade Richa Mulyawati
Kertha Wicaksana Vol 14 No 2 (2020)
Publisher : Fakultas Hukum, Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/kw.14.2.2020.118-123

Abstract

The rapid community gathering followed by the rapid advancement of technology with the internet not only brought positive but also tucked in negatively, one of which developed developing follow-up section on the abuse of children called child care carried out by using internet technology which is increasingly becoming a necessity the main community. Child care unwittingly began to occur in Indonesia, began to emerge several cases discussed are child care. The emergence of this new criminal act is not accompanied by supporting legal instruments as evidenced by the absence of special agreement relating to this crime requiring legal officers who find difficulties in processing child care cases that have been carried out. The only way for the police to take discretion is to be able to sentence the victim. The method used in this renewal is a method that is approved by juridical normative using the Statute Approach which uses literature and legislation relating to the topics discussed. Child grooming crime is still classified as a criminal new offense in Indonesia so that there are no specific regulations related to it. So that perpetrators of these crimes can still be held accountable for their actions, law enforcement officials take the policy of discretion as a way out of this.
Penerapan Sanksi Adat dalam Penistaan Tempat Suci di Desa Padang Tegal, Kecamatan Ubud, Kabupaten Gianyar Diah Gayatri Sudibya; Dessy Lina Oktaviani Suendra; Kade Richa Mulyawati
Kertha Wicaksana Vol 15 No 1 (2021)
Publisher : Fakultas Hukum, Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/kw.15.1.2021.18-25

Abstract

Bali is one tourist destination that has high popularity. These tourists really fall in love with the customs and culture that exist in Bali but not a few tourists do not understand the importance of the holy places contained in the tourist attraction area. To protect the holy places that are widely scattered in Bali, it is necessary to have sanctions both in the statutory regulations and in the form of village awig-awig in order to ensnare the perpetrators of defamation of holy places in Bali, but unfortunately this has not been strictly regulated in the existing regulations. The problems raised to be analyzed and answered in this study are 1. How is the application of customary sanctions in defamation of holy places according to positive law? 2. What is the settlement of the case of defamation of holy places in Padang Tegal Village, Ubud District, Gianyar Regency? The method used is an empirical legal research model. Legal products in Indonesia do not regulate defamation of holy places in real terms, the Criminal Code only regulates religious blasphemy and does not mention defamation of holy places. In the case of the defamation of the holy place in Padang Tegal Village, it was resolved with customary sanctions and through a mediation process by the customary Bendesa of Padang Tegal Village with the perpetrators. But unfortunately this customary sanction does not provide a deterrent effect on the perpetrators and only restores the sanctity of the holy place itself.
Co-Authors Diah Gayatri Sudibya Mulyawati, Kade Richa