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I Wayan Empu Guana Pura
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Analisis Aspek Hukum dan Kendala Penegakan Hukum Pada Kasus Kebakaran Lahan Berdasarkan Putusan Nomor 71/PID.B/LH/2021/PN SNT Ni Kadek Juwita Widyastiti; Komang Febrinayanti Dantes; I Wayan Empu Guana Pura; I Gusti Ayu Apsari Hadi
Jurnal Ilmu Hukum Sui Generis Vol 5 No 4 (2025): english
Publisher : Universitas Pendidikan Ganesha

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This paper aims to identify and analyze the case of land fires caused by the negligence of PT. Mega Anugrah Sawit (MAS) based on Decision Number 71/PID.B/LH/2021/PN SNT. In cases of corporate negligence resulting in environmental damage, an analysis of how this occurred, how it was handled, and how the judge's decision was rendered to ensure recovery from all damages incurred is necessary. Corporations whose operations do not comply with applicable procedures and legal provisions in Indonesia can be considered a crime, requiring criminal sanctions to create a deterrent effect so that acts of environmental damage are not repeated in the future. The problems of this research are the chronology of the case, what legal aspects were violated, who the legal instruments involved, and what obstacles to environmental law enforcement in this case are. The methodology applied in this research is normative juridical. Based on the analysis that has been conducted, it is observed that there are several legal aspects, legal instruments, and obstacles in law enforcement in this land fire case. Thus, criminal law becomes the main instrument in resolving these legal problems.
DAMPAK TRADISI METUAKAN SEBAGAI SARANA INTEGRASI SOSIAL PERILAKU MASYARAKAT Komang Elit Arya Cahyaning; Komang Febrinayanti Dantes; I Wayan Empu Guana Pura
Jurnal Ilmu Hukum Sui Generis Vol 6 No 1 (2026): Januari, Jurnal Hukum Sui Generis
Publisher : Universitas Pendidikan Ganesha

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The metuakan tradition is part of the local cultural heritage of the Balinese people that continues to exist today, particularly in the Karangasem region and several other villages. This tradition is closely associated with social gatherings where people enjoy traditional alcoholic beverages such as tuak or arak in an atmosphere of togetherness and camaraderie. This study aims to examine the influence of the metuakan tradition as a means of social integration within community behavior. The research employs a qualitative approach using a literature review method, involving the analysis of various journals, research articles, and other relevant academic sources. The findings indicate that the metuakan tradition has positive impacts on strengthening social relationships, enhancing solidarity, improving interpersonal communication, and serving as a medium for preserving local culture. However, the tradition may also have negative implications when practiced excessively, including health risks and social conflicts associated with uncontrolled alcohol consumption. Therefore, social supervision and public awareness are essential to ensure that the metuakan tradition continues to be practiced as a cultural heritage that emphasizes togetherness and social integration.
URGENSI PENGESAHAN RUU PERAMPASAN ASET PIDANA DALAM PEMULIHAN KERUGIAN NEGARA AKIBAT KORUPSI DI INDONESIA Ngakan Putu Yoga Aditya Mahendra; Made Sugi Hartono; Si Ngurah Ardhya; Komang Febrinayanti Dantes; I Wayan Empu Guana Pura
Jurnal Ilmu Hukum Sui Generis Vol 6 No 1 (2026): Januari, Jurnal Hukum Sui Generis
Publisher : Universitas Pendidikan Ganesha

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The recovery of state financial losses resulting from corruption requires adequate legal instruments, with asset forfeiture constituting one of the most strategic mechanisms available. However, Indonesia’s prevailing legal framework contains substantial barriers both in terms of regulation and practical application. The current legal architecture, which situates asset forfeiture exclusively as an ancillary sanction dependent on a final criminal verdict, has proven inadequate in addressing the evolving complexity of contemporary economic crimes. This study examines the urgency of enacting the Draft Law on Criminal Asset Forfeiture (RUU PATP) as a more advanced and flexible normative solution. The research adopts a normative juridical approach with qualitative analysis encompassing applicable legislation, academic legal perspectives, and asset forfeiture practice in Indonesia. Findings reveal that enactment of this bill would substantially reinforce the national legal foundation for asset recovery, establish an asset forfeiture mechanism independent of criminal prosecution, and accelerate comprehensive state loss recovery. Accordingly, the enactment of RUU PATP represents an urgently needed legislative reform within Indonesia’s broader criminal law renewal system.
ANALISIS YURIDIS TOP UP GAME OLEH ANAK BERDASARKAN HUKUM PERLINDUNGAN KONSUMEN DAN PERLINDUNGAN ANAK I Kadek Budiatmika; Si Ngurah Ardhya; Ratna Artha Windari; Komang Febrinayanti Dantes; I Wayan Empu Guana Pura
Jurnal Ilmu Hukum Sui Generis Vol 6 No 1 (2026): Januari, Jurnal Hukum Sui Generis
Publisher : Universitas Pendidikan Ganesha

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The development of digital gaming industry has led to a surge in game top-up transactions that involve not only adult consumers, but also minors. The characteristics of top-up transactions, which are instant, repetitive, and directly integrated with the game mechanism, have the potential to encourage impulsive consumption behavior in children who are psychologically and legally immature in making economic decisions. This article aims to analyze game top-up transactions made by minors from the perspective of consumer protection law and child protection law. This study uses a normative legal research method with a legislative and conceptual approach, through analysis of the Civil Code, the Consumer Protection Law, and the Child Protection Law. The results of the study indicate that game top-up transactions by children raise issues of contract validity due to the lack of the element of legal capacity, and place children as digital consumers who are vulnerable to harmful economic practices. Furthermore, the absence of specific regulations regarding digital transactions involving children means that the responsibilities of game operators and digital platforms are not clearly defined. Therefore, it is necessary to strengthen regulations and clarify the responsibilities of operators to ensure effective legal protection for children in game top-up transactions.
Analisis Kekaburan Norma Penghentian Penuntutan Berdasarkan Keadilan Restoratif dalam Peraturan Kejaksaan Nomor 15 Tahun 2020 dan Implikasinya terhadap Kepastian Hukum Willhelmin Widya Astuti Fau; I Wayan Empu Guana Pura; Komang Febrinayanti Dantes
Jurnal Ilmu Hukum Sui Generis Vol 6 No 2 (2026): April, Jurnal Hukum Sui Generis
Publisher : Universitas Pendidikan Ganesha

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Republic of Indonesia Prosecutor's Office Regulation Number 15 of 2020 regulates the termination of prosecution based on restorative justice as an effort to achieve a more restorative-oriented resolution of criminal cases. However, several provisions still contain vague norms that have the potential to lead to differing interpretations and reduce legal certainty. This study aims to analyze the forms of vague norms in Prosecutor's Office Regulation Number 15 of 2020 and their implications for legal certainty. The study uses normative legal methods with a statutory and conceptual approach, supported by a literature review of primary, secondary, and tertiary legal materials. The results indicate that the phrases "legal interest," "victim's interest," "community response," and the regulation of exceptions to the requirements for termination of prosecution lack clear parameters, thus opening up broad discretion for prosecutors. This situation has the potential to create disparities in the application of the law and reduce legal certainty. Therefore, improvements to norms and clearer technical guidelines are needed to ensure the consistent implementation of restorative justice and provide legal certainty
Co-Authors Ardhya, Si Ngurah Cendani Madya Nhingswari I Gusti Ayu Apsari Hadi I Kadek Budiatmika Komang Elit Arya Cahyaning Komang Febrinayanti Dantes Made Sugi Hartono Ngakan Putu Yoga Aditya Mahendra Ni Kadek Juwita Widyastiti Ratna Artha Windari Willhelmin Widya Astuti Fau