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Made Minggu Widiantara
Fakultas Hukum Universitas Warmadewa

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Pelaksanaan Pemberian Hak Narapidana Mendapatkan Pembebasan Bersyarat (Studi Kasus di Rumah Tahanan Negara Kelas Iia Kerobokan) I Dewa Gede Agung Ary Junaedi Saputra; Made Minggu Widiantara; Ni Made Sukaryati Karma
Jurnal Analogi Hukum Vol. 1 No. 3 (2019): Jurnal Analogi Hukum
Publisher : Fakultas Hukum Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/ah.1.3.2019.300-305

Abstract

Inmates who served the punishment in prison are often considered to have no rights of any kind. They are often treated in inhumane because they are considered to have committed a crime so that their actions must be in the prison. The rules regarding correctional system in force at the moment is Act No. 12 Year 1995 about a Correctional one of the conditions governing the rights of an Inmate that where there is a requirement of the Ordinance as well as in the implementation of those rights.Based on the foregoing formulated problems: 1) how is the implementation of the Rights of prison inmates get Parole in State Custody Homes class IIA Kerobokan?. 2) what are the obstacles that arise in the implementation of the grant of the rights of Convicts get Parole in State Custody Homes IIA Kerobokan?. Type of this research is the empirical research by reviewing the provisions of normative and use case study for non doktrinial. This research is predicated on research field, research libraries. This research was conducted at the home of State Prisoners Class IIA Kerobokan. Data research results, both primary data secondary data as well as processed and analyzed qualitatively. The implementation of the rights of prison inmates get parole is donebased on Regulation of the Minister of Justice and human rights Indonesian Republic No. D. 01. At 04.10 Year 2007. Barriers in the implementation of the grant of the rights of convicts get parole, Parole proposing Procedures are too complicated and take a long time to get a decision.
Pertanggungjawaban Pidana Anak Sebagai Kurir dalam Tindak Pidana Narkotika I Wayan Govinda Tantra; Made Minggu Widiantara; Luh Putu Suryani
Jurnal Analogi Hukum Vol. 2 No. 2 (2020): Jurnal Analogi Hukum
Publisher : Fakultas Hukum Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/ah.2.2.2020.215-220

Abstract

The involvement of the child in narcotic crime that becomes a narcotic courier is a series of malicious agreement in conducting illegal narcotics circulation, but in the capacity category of children who become courier, this is one thing That is so concerned that the child has been faced with the law and is classified as a narcotic crime. Based on the explanation above, the problems that will be considered in this study are as follows: 1. how is the legal arrangement for a child to be a courier in a narcotic crime? 2. How is criminal liability for children as a courier in narcotic crime? The type of research used in this study is a type of normative legal research. The analysis technique is that after the collected legal materials are then analyzed using the technique of description, after all required legal materials are fulfilled, analyzed in a qualitative descriptive. Please note that the determination of the child's age in relation to the criminal liability that can be submitted before the proceeding is 12 (twelve) years up to 18 (eighteen) years in accordance with the verdict of the Constitutional Court No. 1/PUUVIII/ 201/021. In the context of child accountability as a drug courier one of them is that narcotics LAW does not restrict the age in the judiciary, both adults and minors, so that children as narcotics courier can still be punished when Children's capabilities that are still limited and are not as perfect as adults.
Sanksi Pidana Terhadap Tindak Pidana Pemalsuan Surat pada Data Polis Asuransi I.G.A Bela Indah Komala Yusianadewi; I Nyoman Putu Budiartha; Made Minggu Widiantara
Jurnal Analogi Hukum Vol. 2 No. 3 (2020): Jurnal Analogi Hukum
Publisher : Fakultas Hukum Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/ah.2.3.2020.341-345

Abstract

Abstract—The crime of forgery of a letter is a criminal offence that resulted in the implication of truth and trust of the people. The offender wears a fake letter aims to gain an advantage for him. The crime of forgery of a letter that often occurs is the falsification of data insurance policy. An insurance policy is an agreement or insurance coverage is consensual (agreements), should be made in writing in a deed between the parties to the Treaty. As for the problem formulations used in this study are 1. How are the criminal sanctions arrangements for forgery of insurance policy data? 2. What is the legal responsibility of the insurance company for forgery of insurance policy data? this research using the normative legal research that aims to examine the legal certainty based on the result of the study of literature or the positive law in force. Legal materials collection technique begins by reading the law on counterfeiting a letter and by the method of record keeping. From the results of research and discussion of known forgeries of his own letters are listed in section 263 subsection (1) of the criminal code and section 263 subsection (2) of the criminal code which set about a criminal offence the use of fake letters, whereas the type of letter itself is regulated in article 264 of the criminal code and Act No. 40 of the year 2014 about perasuransian.
Analisis Tentang Pencemaran Nama Baik dan Penyalahgunaan Hak Kebebasan Berpendapat di Media Sosial I Made Vidi Jayananda; I Nyoman Gede Sugiartha; Made Minggu Widiantara
Jurnal Analogi Hukum Vol. 3 No. 2 (2021): Jurnal Analogi Hukum
Publisher : Fakultas Hukum Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/ah.3.2.2021.261-265

Abstract

Freedom of opinion, especially in social media, is currently widely misinterpreted and abused by the community, because in the use of the right to freedom of opinion, the community has taken many actions which fall into insult, accusations without evidence and commit defamation which cause harm to certain individuals. The problems in this research are How are criminal law regulations and violations of the abuse of the right to freedom of expression in social media and how criminal sanctions against criminal acts of defamation are under the guise of freedom of opinion. The research method used is normative legal research. Source of primary and secondary legal materials. This research concludes that freedom of opinion is not absolute freedom, but in opinion must be in accordance with ethics and norms in society and in accordance with legal regulations without harming any party.