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Implementasi Pemidanaan terhadap Pelaku Tindak Pidana Illegal Logging di Taman Nasional Waykambas Ida Ayu Naradita; Made Minggu Widyantara; Ni Made Sukaryati Karma
Jurnal Konstruksi Hukum Vol. 2 No. 2 (2021): Jurnal Konstruksi Hukum
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (594.11 KB) | DOI: 10.22225/jkh.2.2.3262.396-400

Abstract

The Indonesian government issued Presidential Decree No. 11 of 2020 concerning Public Health Emergencies as a serious warning of the threat of Covid-19. The delivery of dishonest information from a patient suspected of being infected with Covid-19 is an action to prevent the response to an outbreak that threatens the lives of people around him, including transmission to health workers who care for him. This study was formulated to figure out the legal sanctions for Covid 19 patients who were dishonest about their health conditions, and to find out the efforts made by the government in providing protection to health workers in handling Covid-19 patients. The research method used in the implementation of this research is normative legal research with an approach to the concept of legislation and the opinions of experts regarding to the law. The results showed that the application of strict sanctions to obstruction of the epidemic prevention measures could result in criminal penalties based on Law No. 4 of 1984 concerning Outbreaks of Infectious Diseases. As for the efforts made by the government to provide protection to health workers from the threat of Covid-19, it is given both preventively and repressively. Based on the results of this study, it can be concluded that patients who are not honest about their health conditions who have been infected with Covid-19 can be given a criminal penalty because this action is assumed as the way to prevent the government in overcoming the epidemic of infectious diseases that are currently hitting the community, then the government has also provided protection for health workers who treat patients infected with Covid-19 in a preventive and repressive manner.
Sanksi Pidana terhadap Pelanggaran Lalu Lintas yang Mengakibatkan Hilangnya Nyawa Seseorang Maudy Aulia Putri; I Nyoman Gede Sugiartha; Ni Made Sukaryati Karma
Jurnal Konstruksi Hukum Vol. 2 No. 2 (2021): Jurnal Konstruksi Hukum
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (318.281 KB) | DOI: 10.22225/jkh.2.2.3269.434-438

Abstract

Congestion on the road is increasing nowadays, this has a huge impact on a person, the number of roads is not in accordance with the large number of vehicles this is a traffic accident. The trigger for traffic accidents is because people still lack understanding of how to drive. This study aims to explain traffic arrangements that occur to someone who reports someone's life and explain the criminal sanctions against traffic that reports someone's life. The method used is the method of normative legal research by using a technique of approaching the problem of invitation and conceptual. The data subsectors used are primary and secondary data sources. This study concludes that traffic and transport are ready to serve based on the assumptions contained in Article 316 paragraph 1 of the UULAJ. Criminal enforcement against traffic crime perpetrators is recorded in Articles 310 and 311 of the Law. The criminal investigation process at the District Court is carried out by means of a quick and simple investigation procedure.
Tinjauan Yuridis terhadap Pelaku Tindak Pidana Pembunuhan Bayi (Studi Kasus Putusan Nomor 1123/Pid.Sus/2018/Pn Dps) Desak Ketut Parwati; I Wayan Rideng; Ni Made Sukaryati Karma
Jurnal Konstruksi Hukum Vol. 2 No. 3 (2021): Jurnal Konstruksi Hukum
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/jkh.2.3.3619.616-621

Abstract

Protection for babies has started since in the womb. In accordance with article 2 Burgerlijk Wetboek that a child who is still in his mother's womb is considered a legal subject as long as the interests of the child are desired. However, nowadays cases of infanticide often occur, so in this case legal protection is needed. The purpose of this research is to analyze the regulation of criminal sanctions for the perpetrators of the crime of infanticide and the judge's consideration of the perpetrators of the crime of infanticide. The type of research used in this paper is a normative law research type with a statutory and conceptual approach. The sources of legal materials used are primary and secondary legal materials. After the data is collected, then the data is analyzed systematically. The results of the research reveal that the setting of sanctions for perpetrators of the crime of infanticide is as regulated in Law Number 35 of 2014 concerning Child Protection. The judge's considerations in making a decision against the perpetrators of the crime of infanticide which resulted in death, include; witness statements that have been submitted by the public prosecutor before the trial, based on the testimony of the defendant at the trial and based on the elements of the crime charged by the public prosecutor in the single indictment have been fulfilled.
Perlindungan Hukum Terhadap Korban Tindak Pidana Penghinaan Citra Tubuh (Body Shaming) Ni Made Yeni Sukmawati; Anak Agung Sagung Laksmi Dewi; Ni Made Sukaryati Karma
Jurnal Konstruksi Hukum Vol. 2 No. 3 (2021): Jurnal Konstruksi Hukum
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (187.755 KB) | DOI: 10.22225/jkh.2.3.3638.537-541

Abstract

Body Shaming is a term that is currently trending, where criticizing or commenting on someone's physical in a negative way or with speech that intends to mock or insult someone's physical or appearance falls into this category. Legal protection for victims of body shaming needs to get very serious attention in order to deal with the phenomena that are currently happening on social media in particular. This study examines the regulation of the criminal act of insulting body image (body shaming) in terms of positive law and explains the legal protection provided to victims in the crime of insulting body image (body shaming). This study uses a normative research method by applying the legislation approach which refers to primary legal materials and secondary legal materials. The regulation of criminal acts of insulting body image (body shaming) in terms of positive law in general can be seen from the element of humiliation which is regulated in Chapter XVI of the Criminal Code and is grouped into 6 parts, namely from article 310 to article 318 and besides that, there are also other legal rules that regulate it implicitly in Article 27 paragraph (3). Article 45 paragraph (3) of the ITE Law. With sanctions in the form of criminal sanctions. The form of legal protection given to victims in the crime of body shaming is the making of policies by the State regarding prohibitions and strict sanctions for violators such as criminal sanctions and fines, through the established witness and victim protection institution
Tinjauan Yuridis Terhadap Pelaku Tindak Pidana Pembunuhan Bayi (Studi Kasus Putusan Nomor 1123/Pid.Sus/2018/Pn Dps) I Wayan Rideng; Desak Ketut Parwati; Ni Made Sukaryati Karma
Jurnal Konstruksi Hukum Vol. 2 No. 3 (2021): Jurnal Konstruksi Hukum
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (192.373 KB) | DOI: 10.22225/jkh.2.3.3639.469-475

Abstract

Protection for babies has started since in the womb. In accordance with article 2 Burgerlijk Wetboek that a child who is still in his mother's womb is considered a legal subject as long as the interests of the child are desired. However, nowadays cases of infanticide often occur, so in this case legal protection is needed. The purpose of this research is to analyze the regulation of criminal sanctions for the perpetrators of the crime of infanticide and the judge's consideration of the perpetrators of the crime of infanticide. The type of research used in this paper is a normative law research type with a statutory and conceptual approach. The sources of legal materials used are primary and secondary legal materials. After the data is collected, then the data is analyzed systematically. The results of the research reveal that the setting of sanctions for perpetrators of the crime of infanticide is as regulated in Law Number 35 of 2014 concerning Child Protection. The judge's considerations in making a decision against the perpetrators of the crime of infanticide which resulted in death, include; witness statements that have been submitted by the public prosecutor before the trial, based on the testimony of the defendant at the trial and based on the elements of the crime charged by the public prosecutor in the single indictment have been fulfilled.
Ketaatan Pengguna Jalan dalam Tertib Berlalu Lintas di Wilayah Hukum Polresta Denpasar Rosalina Indah Putri; I Ketut Sukadana; Ni Made Sukaryati Karma
Jurnal Konstruksi Hukum Vol. 2 No. 3 (2021): Jurnal Konstruksi Hukum
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (176.321 KB) | DOI: 10.22225/jkh.2.3.3640.553-557

Abstract

The order and safety of the driver is very important, one of the conditions for the driver to have a driver's license. Article 281 of the LLAJ Law clearly regulates sanctions for motorists who do not have a SIM, of course with the hope that no more traffic violations will occur. There are still many motorcyclists in the Denpasar Police jurisdiction who violate driving regulations by not having a SIM. which is an obligation for all motorists on the highway without exception. This study aims to explain the obedience of road users to Article 281 of Law Number 22 of 2009 concerning road traffic and transportation and to reveal the police's efforts to overcome the low traffic compliance of motorized vehicle users in the jurisdiction of Denpasar City. This research is designed with empirical legal research with a Legislative approach. The data used are primary and secondary materials obtained through interviews and documentation. the data is processed quantitatively in tabular form and analyzed qualitatively. Obedience of road users to Article 281 of Law Number 22 of 2009 concerning Road Traffic and Transportation, is still very lacking, this is due to the lack of awareness of road users, so they are still very dismissive and negligent in making driving licenses. Police efforts in overcoming the low traffic compliance of motorized vehicle users in the jurisdiction of Denpasar City, namely providing an introduction to traffic order from an early age to children, counseling and socialization, especially to students, students and directions to Banjar residents, as well as delivering orderly information. traffic and the development of the situation on the highway through social media.
Sanksi Pidana terhadap Pelaku Begal Bersepeda di Masa Pandemi Covid-19 I Made Oka Wiradharma; Anak Agung Sagung Laksmi Dewi; Ni Made Sukaryati Karma
Jurnal Konstruksi Hukum Vol. 3 No. 1 (2022): Jurnal Konstruksi Hukum
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (183.783 KB) | DOI: 10.22225/jkh.3.1.4229.24-28

Abstract

The act of violent theft carried out by forcibly seizing other people's property rights, acts of theft accompanied by coercion are regulated in the Criminal Code (Civil Law Book) article 365. The purpose of this study is to analyze the legal arrangements against cycling robbers during a social pandemic. covid-19 and to examine sanctions against cycling robbers during the covid-19 pandemic. The use of the case study methodology for this study is in the categorization of normative legal studies where the study is carried out through the collection of legal materials through the application of literature studies. This study uses the technique of collecting legal materials by recording, quoting, reading, and summarizing the literature that refers to sanctions, and the sentencing process. The results of this study indicate that criminal sanctions against cycling robbers during the covid-19 pandemic are based on Article 365 of the Criminal Code. Thus, this issue is in accordance with the provisions of the regulation of legal snares in the article in question regarding theft with violence.
Kewenangan Kejaksaan dalam Melakukan Penahanan terhadap Pelaku Tindak Pidana Ujaran Kebencian di Sosial Media Louis Muda Adam Gesi Radja; I Nyoman Gede Sugiartha; Ni Made Sukaryati Karma
Jurnal Konstruksi Hukum Vol. 3 No. 1 (2022): Jurnal Konstruksi Hukum
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (229.065 KB) | DOI: 10.22225/jkh.3.1.4236.63-67

Abstract

Authority is what is called formal power, power comes from legislative power (given by law) or from executive administrative power. Authority, which usually consists of several powers, is power over a certain group of people or power over an area of ​​government. The purpose of this study is to analyze the arrangement of the prosecutor's authority in detaining the perpetrators of hate speech crimes on social media and to discuss the prosecutor's obstacles in detaining the perpetrators of hate speech acts carried out on social media. This research was conducted using a normative research type. The method used is normative legal research. This research approach is a conceptual and literature approach, with the primary legal sources coming from legislation and decisions, while the secondary legal sources come from legal journals and law books. The technique of collecting legal materials for this research, by collecting the literature study. Then it can be obtained that the prosecutor's authority is regulated in the criminal procedural law book, the prosecutor's authority law, which includes several laws, including Law no. it can be ascertained about the rights and authorities of the prosecutor so that law enforcers, especially the prosecutor's office, can make detentions in accordance with the rules that have been in force, so that there is no abuse of authority by law enforcers, especially the prosecutor and as appropriate the prosecutor is obliged to realize equality for all Indonesian citizens who are entangled in cases criminal, civil or otherwise.
Tinjauan Yuridis Pertanggungjawaban Pidana terhadap Ujaran Kebencian (Hate Speech) di Media Sosial I Made Andy Sabda Permana; Anak Agung Sagung Laksmi Dewi; Ni Made Sukaryati Karma
Jurnal Konstruksi Hukum Vol. 3 No. 1 (2022): Jurnal Konstruksi Hukum
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (149.157 KB) | DOI: 10.22225/jkh.3.1.4247.130-134

Abstract

Unlimited freedom of expression causes hate speech crimes to occur more and more in society, especially on social media, especially related to this crime, there is still no special regulation as a regulation in minimizing cases like this. The purposes of this study are to examine the legal regulation of hate speech crimes through social media and criminal liability for hate speech through social media. This study uses normative law through a statutory and conceptual approach based on primary and secondary legal materials with document studies, then the results are presented in a descriptive analysis. The results of the study show that the basis for violating the law for those who make hate speech on social media is based on Law No. 11 of 2008 concerning ITE and Law No. 19 of 2016 on amendments to Law No. 11 of 2008. In accordance with legal regulations Therefore, the responsibility for hate speech crimes on social media is regulated in Article 45A paragraph (2) of Law Number 19 of 2016 which will be given a maximum imprisonment of 6 years and/or a maximum fine of 1,000,000,000.00 (One Billion Rupiah).
Kekuatan Email sebagai Alat Bukti dalam Proses Persidangan Perkara Perdata Cokorda Agung Cahaya Darmadi; I Made Minggu Widyantara; Made Sukaryati Karma
Jurnal Konstruksi Hukum Vol. 3 No. 1 (2022): Jurnal Konstruksi Hukum
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (161.835 KB) | DOI: 10.22225/jkh.3.1.4248.135-140

Abstract

With the rapid development of technology and telecommunications, it is easier for someone to send letters via e-mail. This is because the use of e-mail is considered cheap and fast. The purpose of this study is to reveal the proof of the use of e-mail based on the ITE Law and how the power of e-mail in the trial process is related to Article 1866 of the Civil Code. This study uses the type of normative legal research. The raw materials used in this research are primary, secondary, and tertiary. There are two results from this study. First, proof of e-mail as evidence based on the trial of civil cases, the evidence in the form of e-mail can be used in trials regarding the legal aspects of the application of e-mail in enforcing the law. act which then has an impact on the law. Second, the strength of e-mail evidence as a process of proof in the trial when it is associated with Article 164 HIR regarding valid evidence.
Co-Authors A A Ngurah Bagus Krishna Wirajaya A. A. Sagung Laksmi Dewi A.A Sagung Laksmi Dewi A.A. Kompiang Dhipa Aditya A.A. Laksmi Sagung Dewi Ni A.A. Sagung Laksmi Dewi Anak Agung Ngurah Alit Bramandhita Anak Agung Sagung Laksmi Dewi Anak Agung Sagung Laksmi Dewi Anandia, I Gusti Agung Ayu Sita Angelina, Rica Zakia Arianto Hulu Arief Wibowo Arini, Desak Gde Dwi Armunanto, Ardellia Luckyta Putri Ayu Prasetya Dewi Aziz Muhaimin Budiastra, I Kadek Roger Cipta PutraI Ketut Wira Cipta Putra Cokorda Agung Cahaya Darmadi Cokorda Agung Cahaya Darmadi Cokorda lstri Dharmasatyari Desak Ade Devicia Cempaka Desak Ketut Parwati Desak Ketut Parwati Dewanti Arya Maha Rani Diah Gayatri Sudibya Diantara, I Komang Triana Diyatmika, Kadek Purwa Sastra Dwi Nova Indriyani Eka Andrean Ramadhan Febriani, Cynthia Firdaus, Ilham Gede Mahadi Waisnawa Hanata Putra Gede Oka Swarbhawa I Gede Aditya Triyana I Gede Agus Sudiantara I Gede Ananda Prema Abimanyu I Gede Eka Suantara I Gede Pande Udayana I Gede Susila Putra I Gusti Agung Ayu Candra Nigrat I Gusti Ayu Gita Dwiyanthi Merta I Gusti Bagu Suryawan I Gusti Ngurah Agung I Gusti Ngurah Budiyasa I Kadek Aris Setiawan I Ketut Arya Darmawan I Ketut Sukadana I Ketut Sukadana I Ketut Sukadana I Ketut Sukadana I Ketut Yoga Pasupati I Komang Giri Maharta I Komang Widnyana I Made Andy Sabda Permana I Made Andy Sabda Permana I Made Arjaya I Made Ary Supartawan I Made Dwi Payana I Made Irvan Ariansyah Putra I Made Khrisna Dwi Payana I Made Minggu Widyantara I Made Minggu Widyantara I Made Minggu Widyantara I Made Minggu Widyantara I MADE MINGGU WIDYANTARA, I MADE MINGGU I Made Oka Wiradharma I Made Rai Dwi Surya Atmaja I Made Satria Wibawa Tangkeban I Made Sepud I Made Sepud I Made sepud I Made Sepud I Made Widi Adi Peremana I Made Wisnu Wijaya Kusuma I Made Yogi Astawa I Nyoman Gede Sugiartha I Nyoman Gede Sugiartha I Nyoman Gede Sugiartha I Nyoman Putu Budiartha I Nyoman Sujana I Nyoman Sutama I Nyoman Sutama I Putu Angga Permana I Putu Arta Setiawan I Putu Bayu Suryadinatha I Putu Gd Yoga Danan Kamadjaya I Putu Gde Iwan Putra Darmayatna I Wayan Ari Subakti I Wayan Arthanaya I Wayan Kusuma Purwanta I Wayan Panca Eka Darma I Wayan Panca Eka Darma I Wayan Rideng I Wayan Sunarta I Wayan Werasmana Sancaya Ida Ayu Gede Wulandari Ida Ayu Made Wahyuni Dewi Ida Ayu Naradita Ida Ayu Putu Widiati Ida Bagus Agung Pariama Manuaba Ida Bagus Diwangkara Indriawati, I Dewa Ayu Trisna Kadek Jaya Kartika Kardiyasa, I Made Karna, Putu Indra Satya Kartika Dita Ayu Rahmadani Kevin Umbu Hiwa Ninggeding Komang Ariadarma Suputra Komang Sutriani Krisna, Dewa Gede Ary l Nyoman Gede Sugiarta l Nyoman Gede Sugiartha lda Ayu Mirah Widnyani Louis Muda Adam Gesi Radja Made Mahadwiva Surya Krishna Made Rony Setiawan Mahendra, Kadek Amen Putra Mahendrawati, Ni Luh Mario Viano Rasi Wangge Maudy Aulia Putri Ni Kadek Widya Widiani Ni Luh Putu Yosi Pratiwi Ni Made Dwi Ari Cahyani Ni Made Elly Pradnya Suari Ni Made Puspasutari Ujianti Ni Made Sintia Tarisa Ni Made Yeni Sukmawati Ni Nyoman Arif Tri Noviyanti Ni Putu P Novi Widiantari Ni Putu Ratih Puspitasari Ni Putu Widari Yasaputri Ni Putu Yuley Restiti, Ni Putu Yuley Nyoman Dita Ary Putri Nyoman Gde Antaguna Pande Komang Satya Parama Hamsa Paramita, Ni Putu Ayu Prasetya Paramitha, Ni Made Wahyuni Pius. A. Samponu Pradiatmika, Putu Putra Pradipta, I Wayan Diva Adi Pratiwi, Ni Putu Indah Putra , Andrie Eka Putra, I Gede Made Doni Pramana Putra, I Putu Erick Sanjaya Putu Aditya Witanaya Putra Putu Ayu Sriasih Wesna Putu Budiartha, I Nyoman Putu Suryani . Rahayu, Ni Putu Christina Elzaputri Ratih Cahya Pramitasari Ratu Agung Dewangga Arinatha Gunawan Rosalina Indah Putri Saputra, I Dewa Gede Agung Ary Junaedi Senastri, Ni Made Jaya Sonbai, Elisabeth Ayustina Putri Korassa Sri Ulina Theresa Perangin-Angin Sudibya, Diah Gayatri Sugiartha, I Nyoman Gede Sujana, Putu Krisna Widya suryawan, Gusti Bagus Teo Dentha Maha Pratama Tjok Istri Agung Mellynia Putri Saraswati Triyana, I Gede Aditya Widiantara, Made Minggu Widiati, Ida Ayu Putu Yanti, Ni Kadek Derlin Yoga Wira Pranata