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All Journal Jurnal Analogi Hukum
I Nyoman Gede Sugiartha
Universitas Warmadewa, Denpasar-Bali
Law, Crime, Criminology & Criminal Justice

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Pengaturan Hukum Pidana Pelaku Penggelapan Jual Beli Online I Gusti Ngurah Agung Bagus Bima Putra; I Nyoman Gede Sugiartha; Anak Agung Sagung Laksmi Dewi
Jurnal Analogi Hukum Vol. 3 No. 3 (2021): Jurnal Analogi Hukum
Publisher : Fakultas Hukum Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/ah.3.3.2021.322-327

Abstract

Today in the world of electronic transactions many are found deviant actions, and not based on existing legal norms, most of which occur in online buying and selling systems. Buying and selling is online buying and selling sometimes based only on trust which means the buying and selling actor is sometimes unclear, therefore many prefer COD or Cash On Delivery and or payment at the place of delivery of goods. Be careful in making payments via transfer, first research the reputation of the seller who offers goods in accordance with the posted, check the existence of the seller's offline store or the seller's business license. There is also a problem formulation (1) How is the legal arrangement regarding the actions that have been done by business actors against consumers on online buying and selling sites? (2) What criminal sanctions are imposed on perpetrators of embezzlement crimes on online buying and selling sites? This research uses normative methods because there are still vague norms, based on the opinion of legal experts. If a person has fulfilled all the elements of the crime of embezzlement, then he can be called a perpetrator.
Restorative Justice dalam Tindak Pidana Narkotika pada Anak I Komang Agus Muliawan; I Nyoman Gede Sugiartha; I Gusti Ayu Gita Pritayanti Dinar
Jurnal Analogi Hukum Vol. 4 No. 1 (2022): Jurnal Analogi Hukum
Publisher : Fakultas Hukum Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/ah.4.1.2022.66-70

Abstract

In considering the Juvenile Justice System Act No. 11 of 2012, keep in mind that children are the mandate and gift of Almighty God and have the dignity and value of humanity as a whole. Clarifying the problem in the study is an effort to apply restorative justice to the treatment and resolution of drug-related crimes, and to resolve the distractions of drug-related crimes in children. Restorative justice in the treatment and resolution of drug crimes committed by children and efforts to solve problems related to the use of diversion tactics in child drug crimes. The survey method used is a normative survey. The conclusion of the investigation is that the restorative justice approach generally does not work optimally in accordance with the provisions of Law No. 11 of 2012 on the juvenile justice system.
Cyber Troop (Pasukan Dunia Maya) Sebagai Upaya Penanggulangan Pencemaran Nama Baik di Dunia Cyber (Studi Kasus di Polda Bali) Muhammad Alfian Dwi Saputra; I Nyoman Gede Sugiartha; Ketut Adi Wirawan
Jurnal Analogi Hukum Vol. 4 No. 1 (2022): Jurnal Analogi Hukum
Publisher : Fakultas Hukum Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/ah.4.1.2022.88-92

Abstract

According to technological developments, there are as many facilities available specifically in cyberspace. This technology development also tends to provide the chance of criminals, specifically crimes in cyberspace. The focus of this thesis research is to examine the definition and elements of a criminal act, the role of cyber troop in criminal acts, inhibiting factors and efforts to resolve the defamation of cyber troop carried out by the Bali Police. The method applied for the research is kind of the type of empirical juridical legal research or kind of research which tends to help examining the applicable legal provisions and also thing occurs in real way of society or kind of research that was done in actual situations of the society, the purpose is to find kind of facts which are used to be the evidence. Research data is getting analyzed in order to help identify the problems that led to problem solving. Empirical juridical research here applies a kind of statutory approach. The object is a case of defamation. The research data were collected using observation, interviews, and documentation methods and summarized using sentences that are easy to understand.
Kedudukan Hukum Anak Astra pada Hukum Waris Adat Bali Setelah Orang Tua Biologisnya Kawin Sah I Putu Agus Suarnegara; I Nyoman Gede Sugiartha; Anak Agung Sagung Laksmi Dewi
Jurnal Analogi Hukum Vol. 4 No. 1 (2022): Jurnal Analogi Hukum
Publisher : Fakultas Hukum Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/ah.4.1.2022.98-102

Abstract

The position of legitimate children and Astra children (children out of wedlock) have different inheritance rights and relationships with the biological father's family. Legal children in general are the status of children born to parents who are legally married. While illegitimate children are children born outside of marriage. Astra's children (children out of wedlock) in the Marriage Law Article 43 paragraph (1) U explains that children born out of wedlock only have a civil relationship with their mother or their mother's family. Thus, an illegitimate child only has a relationship with his mother and his mother's family as well as in terms of inheritance, which means the child has no legal relationship with his father, as well as in terms of inheritance. However, if the parents carry out legal acts of acknowledging and ratifying the child, the child out of wedlock who is recognized has the same position as the legal child. Legitimate children can also replace the position of heirs and can inherit from both parents.
Pengaturan Hukum Pidana Pelaku Penggelapan Jual Beli Online I Gusti Ngurah Agung Bagus Bima Putra; I Nyoman Gede Sugiartha; Anak Agung Sagung Laksmi Dewi
Jurnal Analogi Hukum Vol. 4 No. 1 (2022): Jurnal Analogi Hukum
Publisher : Fakultas Hukum Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/ah.4.1.2022.103-108

Abstract

Today in the world of electronic transactions many are found deviant actions, and not based on existing legal norms, most of which occur in online buying and selling systems. Buying and selling is online buying and selling sometimes based only on trust which means the buying and selling actor is sometimes unclear, therefore many prefer COD or Cash On Delivery and or payment at the place of delivery of goods. Be careful in making payments via transfer, first research the reputation of the seller who offers goods in accordance with the posted, check the existence of the seller's offline store or the seller's business license. There is also a problem formulation (1) How is the legal arrangement regarding the actions that have been done by business actors against consumers on online buying and selling sites? (2) What criminal sanctions are imposed on perpetrators of embezzlement crimes on online buying and selling sites? This research uses normative methods because there are still vague norms, based on the opinion of legal experts. If a person has fulfilled all the elements of the crime of embezzlement, then he can be called a perpetrator.
Peranan Jaksa Agung Muda Bagian Pidana Militer dalam Penanganan Perkara Koneksitas Putu Nadya Prabandari; I Nyoman Gede Sugiartha; I Made Minggu Widyantara
Jurnal Analogi Hukum Vol. 4 No. 2 (2022): Jurnal Analogi Hukum
Publisher : Fakultas Hukum Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/ah.4.2.2022.182-186

Abstract

Connection criminal in Indonesia is still in orditur condition with prosecutors there has been no technical coordination on handling cases that have the involvement of legal subjects civil with military. The Young Attorney General of the Military Criminal Section was formed handle the connection case. The establishment Section is based on the presidential regulation of the Republic of Indonesia on the organization and work procedures of the Prosecutor's Office which is followed up with regulation of the Prosecutor's Office. Using normative empirical methods with a combining approach between juridical and sociological elements. Reviewing the arrangement of the young attorney general of the military criminal department in handling connection cases and the implementation of handling connection cases at the prosecution stage. Handling of connection crimes can only be tried as a connection case if there is a decision from the Minister of Defense and has been approved by the Minister of Justice. Law enforcement, especially the young attorney general of the military criminal department should establish a connection team in the area to speed up handling connection cases.
Sanksi Tindak Pidana Terhadap Pelaku Pencemaran Nama Baik Terhadap Ikatan Dokter Indonesia Ni Putu Yuni Suantika Putri; I Nyoman Gede Sugiartha; Anak Agung Sagung Laksmi Dewi
Jurnal Analogi Hukum Vol. 4 No. 2 (2022): Jurnal Analogi Hukum
Publisher : Fakultas Hukum Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/ah.4.2.2022.215-219

Abstract

Indonesia is a country consisting of sharing tribes, races, and cultures where each community has their own thoughts and understanding to live their lives. In carrying out his life society is no stranger to the name of human rights where human behavior should not interfere with the rights of others and not behave outside the prevailing norms in accordance with positive laws. In relation to the positive law that applies in Indonesia, the behavior of the community itself has indirectly been regulated and for anyone who behaves outside the norm will definitely get sanctioned because his actions have harmed themselves and others. In accordance with the positive law that applies the act of defamatory has sanctions and fines for anyone who violates it. In the case of Jerinx who said things that satirize certain parties is an act of defamation and in 2020 Jerinx's actions received various responses from the community . Indeed, the goal is to fight for people's rights but does not have to uge out a person's good name and impressed to seek fame in the midst of the Covid-19 outbreak.
Peranan Yayasan Lentera Anak Bali (LAB) Terhadap Pemberdayaan Anak Yang di Eksploitasi di Pasar Badung I Putu Dony Setiawan; I Nyoman Gede Sugiartha; Luh Putu Suryani
Jurnal Analogi Hukum Vol. 4 No. 3 (2022): Jurnal Analogi Hukum
Publisher : Fakultas Hukum Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/ah.4.3.2022.220-225

Abstract

Exploitation that acts arbitrarily or excessively against the subject of exploitation, regardless of dignity, justice, or equality of welfare, purely for economic gain. The question raised in this paper is how the factors that influence the occurrence of child exploitation affect the Badun market. And what role does the Bali Children's Foundation (LAB) play in the exploitation of children in the Badung market? The purpose of this study is to identify the cause of child exploitation. The survey method used is an empirical survey method. The results of the survey can be explained by the fact that the proportion of children still being exploited has increased or decreased in the last three years. This can be seen in the establishment of the Lanterna Anak Bali Foundation, a dedicated foundation. They take care of children exploited in the Badun market area and the factors that cause the exploitation of environmental impacts, vulnerabilities, and domestic violence of parents in the Badun market area. And the role of the Varilentera Children's Foundation is to provide educational facilities for these children.
Penerapan Hukum Pidana Pada Korporasi yang Melakukan Tindak Pidana Perpajakan Glenn Merciano Eben Rohi; I Nyoman Gede Sugiartha; Ni Made Puspasutari Ujianti
Jurnal Analogi Hukum Vol. 4 No. 3 (2022): Jurnal Analogi Hukum
Publisher : Fakultas Hukum Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/ah.4.3.2022.226-231

Abstract

The implementation of national development as a major project certainly requires not only the active participation of the entire nation, but also requires significant costs. The costs incurred to carry out development are not only borne by the state. Relying on aid or grants from abroad will cause the burden of economic dependence which has an impact that foreign countries with stronger economic powers will dictate the life of the Indonesian nation. Realizing this, one of the dominant sectors as a source of state revenue is the tax sector. In Articles 38 to 39A of the KUP Law, none of these articles include sanctions for corporations, although corporations can act as taxpayers, none of these articles explicitly states who is responsible for criminal violations in the tax and tax sector. what form of crime is appropriate to be imposed on corporations that commit tax crimes. Criminal law in an effort to overcome crime in the field of taxation is to create integration in the criminal law policies that are applied, the impact of which will not make it difficult for law enforcement officers to apply them in tax legislation. The imperative element contained in the taxation legislation, would like to include a principle that the use of criminal sanctions should still pay attention to the principle of subsidiarity.
Perlindungan Hukum Terhadap Pelaku Tindak Pidana yang Mengalami Gangguan Jiwa Kevin Jerrick Pangestu; I Nyoman Gede Sugiartha; I G. A. A. Gita Pritayanti Dinar
Jurnal Analogi Hukum Vol. 4 No. 3 (2022): Jurnal Analogi Hukum
Publisher : Fakultas Hukum Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/ah.4.3.2022.293-298

Abstract

Mental disorders are the result of several or a group of symptoms that arise in human psychology. People with mental disorders have been stereotyped highly related to criminal acts for a long time, especially violence and threaten the safety and security of those around them. Perpetrators of criminal acts who experience mental disorders are included in the category of persons that had mental disabilities and entitled to more appropriate treatment and protection. It's important to understand more about the responsibility of perpetrators of criminal acts that had mental disorders, as well as about legal protection. The addition of insight, input and additional knowledge are the benefits in the research. The method used by researchers in this study is a normative research method. In the sentencing process, which involves the person who commits a crime that has a mental disorder, the judge is obliged to find and prove whether the perpetrator has an element of accountability, as well as ensure that the perpetrator gets appropriate legal protection. Legal protection is given to the public, especially in this discussion to criminals who experience mental disorders in the hope that the perpetrators can obtain the rights granted by the law itself.
Co-Authors Anak Agung Sagung Laksmi Dewi Dewi, A.A Sagung Laksmi Glenn Merciano Eben Rohi I G. A. A. Gita Pritayanti Dinar I Gusti Ayu Gita Pritayanti Dinar I Gusti Ngurah Agung Bagus Bima Putra I Komang Agus Muliawan I Made Minggu Widyantara I Nyoman Subamia I Putu Agus Suarnegara I Putu Dony Setiawan Ketut Adi Wirawan Kevin Jerrick Pangestu Luh Putu Suryani Muhammad Alfian Dwi Saputra Ni Made Puspasutari Ujianti Ni Putu Yuni Suantika Putri Putu Diah Wiska Sasmitha Putu Nadya Prabandari