Articles
<![CDATA[Koordinasi Wewenang Komisi Pemberantasan Korupsi (KPK) dengan Penegak Hukum Lainnya dalam Melakukan Penyidikan Tindak Pidana Korupsi ]]>
<![CDATA[Ni Putu Gita Loka Chindiyana Dewi]]>;
<![CDATA[I Nyoman Sujana]]>;
<![CDATA[Luh Putu Suryani]]>
<![CDATA[ Jurnal Preferensi Hukum Vol. 2 No. 1 (2021): Jurnal Preferensi Hukum ]]>
Publisher : <![CDATA[Warmadewa Press ]]>
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<![CDATA[Corruption is a problem in the economy of every nation in the world, whether in Government or private environments. With the promulgation of Act No. 31 of the year 1999 Jo Act No. 20 year 2001. The Government in the year 2002 through Law – Law Number 30 year 2002 about corruption eradication Commission formed corruption eradication Commission (KPK) which is a specialized agency in dealing with the special corruption. At issue is how the authorities of the corruption eradication Commission (KPK) in conducting the investigation, the crime of corruption? And how coordination between the corruption eradication Commission (KPK) and other law enforcement agencies in conducting the investigation, the crime of corruption? The study used is the normative legal research i.e. research examines law is a law written from various aspects, but does not examine aspects of applied or implementation. Approach this research method by means of reviewing all laws, understanding the hierarchy of principles and legislation. The conclusion in May of this research is that in regards to the investigation of criminal acts of corruption, the corruption eradication Commission (KPK) has authority that is doing the coordination and supervision that can perform the takeover against investigation or the prosecution conducted by the Police and the Prosecutor's Office. But in the relationship between the coordination with other law enforcement agencies KPK still haven't made good cooperation.]]>
<![CDATA[Perlindungan Hukum Nasabah Kartu Kredit dalam Perspektif Undang-Undang Nomor 8 Tahun 1999 ]]>
<![CDATA[Nyoman Triananda Prayoga]]>;
<![CDATA[I Nyoman Sujana]]>;
<![CDATA[Ni Made Puspasutari Ujianti]]>
<![CDATA[ Jurnal Preferensi Hukum Vol. 2 No. 1 (2021): Jurnal Preferensi Hukum ]]>
Publisher : <![CDATA[Warmadewa Press ]]>
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<![CDATA[At this time the technology has been developing rapidly, as well as means of payment. If the first payment can only be done with cash, current payment already can be done by credit card. When the first buyers and sellers have to meet directly, unlike with the current buyers no longer have to meet with the seller directly. A credit card is a plastic card issued by a bank that provides credit services. But many cases credit card used another person, which is possible because the card is missing or scams online, these problems can be analysed as follows: 1) What kind of legal protection for customers according to credit card Consumer Protection Legislation? 2) How the legal consequences if a credit card were used by someone else? This presentation uses research methods are normative, legal rules and legal norms according are the norm in the form of orders or prohibitions it in accordance with the principle of the law and whether one's actions is in compliance with legal norms with the approach of legislative and conceptual. This research requires a source of secondary legal materials as primary legal materials. Form of legal protection given by the Government in the form of legislation, but the legislation has not been effective. Legal consequences if the credit card used another person's credit card, the customer must still pay the Bills that go up to the customer to report in writing. The Government should streamline the laws and make special laws about credit cards as well as the bank and the customer must be open.]]>
<![CDATA[Pembunuhan Anak oleh Ibu Kandung yang di Bawah Umur ]]>
<![CDATA[Putu Ayu Devi Laxsmi]]>;
<![CDATA[I Ketut Sukadana]]>;
<![CDATA[I Nyoman Sujana]]>
<![CDATA[ Jurnal Preferensi Hukum Vol. 2 No. 1 (2021): Jurnal Preferensi Hukum ]]>
Publisher : <![CDATA[Warmadewa Press ]]>
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<![CDATA[A phenomenon of the occurrence of criminal acts committed by children with various and various cases and characteristics that have not been able to account for their actions legally, which in Law Number 11 of 2012 concerning the Juvenile Justice System, is intended to provide protection and protection for children in to welcome his long-term future, but besides children as victims of criminal acts, it is possible for children to be criminals. Therefore, how is the judge's judgment in imposing a criminal sentence on a child who commits a criminal act of murder in Decision Number: 18/Pid.Sus.Anak/2016/PN. Dps? And what is the criminal sanction imposed by the judge on the perpetrator of the crime of murder the Number: 18 /Pid.Sus.Anak/2016/PN. Dps. In this study the author uses the Normative research method through his study of literature studies, while the problem approach in this study uses a legislative approach that analyzes legislation and uses a conceptual approach that analyzes problems with legal concepts from books and literature and approaches the case. The results of this study are Judges in considering criminal cases Number: 18/Pid.Sus.Anak /2016/PN. DPS, which is carried out by children because the perpetrators of criminal offenses are still underage, and have never committed an unlawful act before and promised not to repeat other violations of law. And Based on the case of killing a child as referred to in case Number: 18/Pid.Sus.Anak/2016 /PN. DPS, the coercion of criminal sanctions is not applied, but the implementation of Diversion lead on number 11 of 2012 concerning juvenile justyce sistem and in paragraph (2) letters a and b must be sought for Diversion, with terms and conditions Parents are willing to maintain, guide and supervise their children so that they will not repeat their actions.]]>
<![CDATA[Credit Restructuring by Bali Regional Development Bank to Debtors During the Covid-19 Pandemic ]]>
<![CDATA[Putu Ayu Sriasih Wesna]]>;
<![CDATA[Ida Bagus Kade Ari Dwi Putra]]>;
<![CDATA[I Nyoman Sujana]]>
<![CDATA[ Journal Equity of Law and Governance Vol. 3 No. 2 ]]>
Publisher : <![CDATA[Warmadewa Press ]]>
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DOI: 10.22225/elg.3.2.8630.149-154
<![CDATA[Restructuring credit serves as a strategic avenue to ameliorate the financial status of businesses facing adversity, especially those entwined with creditor banks, to assist struggling debtors in meeting their obligations. This study delves into the restructuring initiatives undertaken by BPD Bali amid the Covid-19 pandemic, scrutinizing the associated legal implications. This research uses empirical legal research methodology, using a qualitative approach. The data collection techniques used in this research are in-depth interviews, observation, and document analysis. Data obtained from interviews, observations, and document analysis will be analyzed qualitatively. Qualitative analysis is carried out by interpreting the data in depth and thoroughly to produce meaningful conclusions. The result of this study show that the Bali Regional Development Bank's approach involved a meticulous assessment of debtors' integrity and reliability, prioritizing trustworthy customers for credit restructuring. Specifically, for loans ranging from fifty million to five hundred million, the bank adopted reconditioning and rescheduling techniques. The repercussions for debtors entailed a modification in the original agreement with the bank, resulting in the nullification of the initial credit terms initially committed to by both the creditor and debtor.]]>
<![CDATA[Hak-Hak Tersangka (Miranda Rule) pada Tahap Penyidikan dalam Kitab UU Hukum Acara Pidana ]]>
<![CDATA[Anak Agung Putu Surya Wiguna]]>;
<![CDATA[I Made Sepud]]>;
<![CDATA[I Nyoman Sujana]]>
<![CDATA[ Jurnal Konstruksi Hukum Vol. 1 No. 1 (2020): Jurnal Konstruksi Hukum ]]>
Publisher : <![CDATA[Warmadewa Press ]]>
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DOI: 10.22225/jkh.1.1.2128.51-56
<![CDATA[The protection of the rights of a criminal suspect is very important because after all the suspect is a person whose personal independence has been taken away as a result of arrest, detention, confiscation and so on. Therefore, the law is needed to guarantee the taking of rights from these suspects. The purpose of this research is to find out the arrangements for the rights of suspects (Miranda Rule) at the investigation stage in the Criminal Code Law and to discuss legal protection of the rights of suspects (Miranda Rule) at the investigation stage. This research uses a normative legal research method using a statutory approach by examining all laws related to the writing of the rights of suspects (Miranda Rule) at the investigation stage of the Criminal Procedure Code and a conceptual approach by combining expert opinions so that it becomes a researcher's argument. The results of the research show that the regulation of the rights of suspects (Miranda Rule) at the stage of investigation in the Criminal Procedure Code is suspected in Article 1 paragraph (14) of the Criminal Procedure Code for a person who due to his actions or circumstances, based on preliminary evidence, is reasonably suspected of being the perpetrator of a criminal offense, the Miranda Rule regulation applies in law. Criminal Procedure in Indonesia. Suspects. In addition, the legal protection of the suspect at the investigation stage has explicitly tried to provide protection to avoid harsh treatment of the suspect or defendant. Investigators should have followed the rules to explain the rights of suspects. Apart from that, special attention should be paid to law enforcement in Indonesia, and it is hoped that suspects must better understand their rights as suspects so that they can defend themselves.]]>
<![CDATA[Sanksi Pidana terhadap Tindak Pidana Korupsi Dana Hibah ]]>
<![CDATA[I Wayan Agus Yudana]]>;
<![CDATA[I Nyoman Sujana]]>;
<![CDATA[Anak Agung Sagung Dewi]]>
<![CDATA[ Jurnal Preferensi Hukum Vol. 1 No. 1 (2020): Jurnal Preferensi Hukum ]]>
Publisher : <![CDATA[Warmadewa Press ]]>
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<![CDATA[Corruption of subsidy funds is common in the community and is often heard through the media and news in various places. These grants often cause various problems, especially those arising from the Regional Budget (APBD), both during implementation and management or payment. There is a lot of abuse of subsidized funds for personal gain. In accordance with the background description, this research focused on the elaboration of the regulation regarding the criminal act of corruption of grant funds and the description of criminal sanctions against perpetrators who commit criminal acts of corruption of grant funds. This study was designed using a type of normative research, and the data was collected from literature studies and positive laws that apply. In case Number: 32 / Pid.Sus.TPK / 2016 / PN.Dps the defendant with the initials IWB had actually committed corruption in the grant funds according to the law in force, henceforth the Panel of Judges sentenced them to one year imprisonment and paid compensation fifty million rupiah. If he did not pay the fine, it would be replaced with a 1-month prison term and he would have to return the state money worth three hundred and fifty million rupiah. After the analysis was done, it can be concluded that according to the provisions of Article 2 and Article 3 of Law 20 of 2001, the prison sentence may be imposed on the perpetrators of the crime of grant funding.]]>
<![CDATA[Pertimbangan Hakim dalam Menjatuhkan Pidana terhadap Tindak Pidana Pencurian dengan Pemberatan yang Dilakukan oleh Anak ]]>
<![CDATA[Ida Bagus Agung Pariama Manuaba]]>;
<![CDATA[I Nyoman Sujana]]>;
<![CDATA[Ni Made Sukaryati Karma]]>
<![CDATA[ Jurnal Preferensi Hukum Vol. 1 No. 1 (2020): Jurnal Preferensi Hukum ]]>
Publisher : <![CDATA[Warmadewa Press ]]>
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<![CDATA[Judge's considerations are matters which are the basis or are considered by the judge in deciding a crime case. Crime Theft is an act that is classified as a general crime in which a crime against the property of another person. Theft with weighting is a criminal act of theft which in its implementation is accompanied by certain elements so that it is more severe and threatened with higher penalties. Child is a person who is not yet eighteen (18) years old, including those who are still in the womb. In settling a child case, the judge must consider the report in the trial regarding the child concerned. This study aims to determine the criminal considerations and sanctions imposed by the judge on criminal theft with weighting carried out by children. This study uses a normative legal research method with a statutory approach, conceptual approach and case approach. The legal materials studied are primary legal materials, secondary legal materials and tertiary legal materials. The results of this study indicate the judge's judgment in imposing a crime against a child who commits a crime of theft by weighting it based on the elements of the crime committed as well as things that alleviate and incriminate the crime against the child. Criminal sanctions imposed by a judge against a child who commits an act of theft by weighting based on the Court's Decision and the provisions of Article 363 paragraph (1) of the 4th KtoP Jungto Article 65 paragraph (1) of the Criminal Code and other laws relating to the case state that the child is proven legally and convincingly guilty as well as convicting a child of seven months in prison.]]>
<![CDATA[Penegakan Hukum terhadap Penyalahgunaan Narkotika ]]>
<![CDATA[Made Ratih Pradnyantari]]>;
<![CDATA[I Gusti Bagus Suryawan]]>;
<![CDATA[I Nyoman Sujana]]>
<![CDATA[ Jurnal Preferensi Hukum Vol. 2 No. 1 (2021): Jurnal Preferensi Hukum ]]>
Publisher : <![CDATA[Warmadewa Press ]]>
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<![CDATA[Narcotics misappropriations have the bad impacts for nation generation continuance. The anticipation needs cooperation from all society elements, such as family, every education stages until universities and government must be united on narcotic. Prevention efforts in environment around them. The aims of this research are as follows: 1. To find out the steps which are applied by low enforcement in against narcotics misappropriation, 2. To find out and understand about doubt imposition which is did by the users of narcotics misappropriation. The law object source of this research is primary and secondary law object, the technique of accumulating is using document regristration method and recite the law regulations which are related to the problem and analysis by using descriptive qualitative.From the result of observation and researsech, the step that all of society element in narcotic prevention efforts in society environment, such as: 1. Promotive method, 2. Presentative method, 3. Repressive method, 4. Curative method, 5. Rehabilation. Criminal doubt is given for the narcotics addict who is walk on punishment period in jail, where as the action doubt is given for narcotics addict who become as a victim. Therapy and treatment will held as the rehabilition facilities.Government as policy taker is expected can formulate laws and regulations which are more binding in controlling and production of narcotics in Indonesia, and there is needs socialiscation and eludication about the impact of narcotics misappropriation.]]>
<![CDATA[Pemberian Kredit Modal dan Investasi Untuk Pengembangan Usaha yang Berkelanjutan pada Dian’s Songket ]]>
<![CDATA[Putu Ayu Sriasih Wesna]]>;
<![CDATA[I Wayan Kartika Jaya Utama]]>;
<![CDATA[Indah Permatasari]]>;
<![CDATA[I Nyoman Putu Budiartha]]>;
<![CDATA[I Made Suwitra]]>;
<![CDATA[Johannes Ibrahim Kosasih]]>;
<![CDATA[I Wayan Wesna Astara]]>;
<![CDATA[Ni Luh Made Mahendrawati]]>;
<![CDATA[I Nyoman Sujana]]>;
<![CDATA[I Nyoman Sukandia]]>;
<![CDATA[Anak Agung Istri Agung]]>;
<![CDATA[I Made Pria Dharsana]]>;
<![CDATA[I Nyoman Alit Puspadma]]>;
<![CDATA[Ryskiaden Markus]]>;
<![CDATA[Tjokorda Gede Agung Sayogaditya Widya Pramana Putra]]>;
<![CDATA[Miel S. Bongon]]>;
<![CDATA[Marcelo Roland C. Villafuerte]]>;
<![CDATA[Demosthenes B. Vibandor]]>;
<![CDATA[Leovigildo C. Sentelices]]>;
<![CDATA[Carlos M. Raymundo]]>
<![CDATA[ Postgraduated Community Service Journal Vol. 6 No. 1 (2025) ]]>
Publisher : <![CDATA[Universitas Warmadewa ]]>
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DOI: 10.22225/pcsj.6.1.2025.1-7
<![CDATA[Dian's Songket which started its business in 1995 which is engaged in the weaving industry of songket and endek woven fabrics. Dian's Songket in running its business faces various challenges in an effort to develop its business. One of the main problems faced is the limitation of capital. The purpose of the Community Partnership Program activity is to provide socialization of the importance of providing capital credit so that the sustainability of the business can grow rapidly. And it can provide benefits, namely that Partners can better understand the importance of providing capital credit so that the sustainability of their business can grow rapidly. The implementation of service activities at Dian's Songket begins with direct observation and then an analysis of legal needs, socialization and legal education for business owners and managers, preparation of conflict or dispute resolution procedures as well as evaluation and documentation of service activities. This socialization took place comprehensively from sharing knowledge owned by the PKM team or several questions from Dian's Songket itself. So that in the implementation of this PKM can help Dian's Songket to better understand several elements that must be held in the form of a sense of trust, agreement between the parties, the period given, risks that will occur and remuneration that must be carried out so that from these elements the Bank as a creditor can later help to provide capital credit back for Dian's Songket to develop its sustainable business.]]>
<![CDATA[Penegakan Hukum terhadap Pecandu Narkotika ]]>
<![CDATA[Intan Permata Sari]]>;
<![CDATA[I Gusti Bagus Suryawan]]>;
<![CDATA[I Nyoman Sujana]]>
<![CDATA[ Jurnal Analogi Hukum Vol. 1 No. 1 (2019): Jurnal Analogi Hukum ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Warmadewa ]]>
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DOI: 10.22225/ah.1.1.2019.104-109
<![CDATA[Narcotics are indeed badly needed for health care, but when its misused narcotics will make people become dangerous, let alone to make people dependent so hard it let go of that dependency in the body. Narcotics himself has become the enemy in the countries to be destroyed because the effect is so dangerous to human life and could weaken national resilience. Enforcement of criminal laws against narcotics not apart on principles of criminal law in order to realize a certainty of law from any form of settlement of the matter the crime of narcotics on the basis of the legal system of Indonesia. This research aims to find out how law enforcement undertaken against narcotics addicts, and to find out how law enforcement measures to prevent narcotic addicts. The research results obtained are law enforcement against narcotics addicts who where its application has not pursuant to section 127 subsection (3) and section 54 of the Act Number 35 Year 2009 About Narcotic addicts which is supposed to be in rehabilitation instead of prison, given the addicts are simply victims and sick people is not a hustler given jail sanctions. Narkotika yang memang sangat diperlukan untuk Kesehatan, tapi ketika narkotika yang disalahgunakan akan membuat orang menjadi berbahaya, apalagi untuk membuat orang tergantung begitu keras untuk melepaskan bahwa ketergantungan dalam tubuh. Narkotika sendiri yang menjadi musuh di negara-negara untuk dimusnahkan karena pengaruh jadi berbahaya bagi kehidupan manusia dan bisa melemahkan ketahanan nasional. Penegakan hukum pidana terhadap narkotika tidak terpisah pada prinsip-prinsip hukum pidana dalam rangka mewujudkan suatu kepastian hukum dari segala bentuk penyelesaian masalah kejahatan narkotika berdasarkan sistem hukum Indonesia. Penelitian ini bertujuan untuk mengetahui bagaimana dilakukan terhadap pecandu narkoba dan untuk mengetahui bagaimana langkah-langkah penegakan hukum untuk mencegah pecandu obat bius penegakan hukum. Hasil penelitian yang diperoleh adalah hukum penegakan terhadap narkotika addict’s yang mana penerapannya memiliki tidak sesuai dengan bagian 127 ayat (3) dan bagian 54 dari undang-undang Nomor 35 tahun 2009 tentang narkotika addicts yang seharusnya rehabilitasi sebaliknya penjara, mengingat pecandu hanya korban dan orang sakit tidak pengedar diberikan sanksi penjara.]]>
