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All Journal Sociological Jurisprudence Journal KERTHA WICAKSANA Budapest International Research and Critics Institute-Journal (BIRCI-Journal): Humanities and Social Sciences Keadilan Jurnal Konstruksi Hukum Jurnal Interpretasi Hukum Jurnal Preferensi Hukum (JPH) Law Doctoral Community Service Journal Eduvest - Journal of Universal Studies Community Services Journal (CSJ) Al-Zayn: Jurnal Ilmu Sosial & Hukum Indonesian Journal of Law and Justice Keadilan Jurnal Analogi Hukum Community Service Journal of Law
Karma, Ni Made Sukaryati
Universitas Warmadewa
Religion Aerospace Engineering Arts Humanities Computer Science & IT Economics, Econometrics & Finance Education Environmental Science Health Professions Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Neuroscience Social Sciences Other

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Covid-19 Prevention Handling Model Bali Province Government I Ketut Sukadana; I Nyoman Sutama; Ni Made Sukaryati Karma
Sociological Jurisprudence Journal Vol. 5 No. 1 (2022)
Publisher : Fakultas Hukum, Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/scj.5.1.2022.25-31

Abstract

According to data from the Indonesian Covid Task Force, as of Augustus 2, 2021, there were 3,462,800 cases and 97,291 deaths. Even though in terms of the quantity of Balinese people affected by COVID-19, which is around 2,3% of the sufferers nationally (2,231 deaths), the social impact it causes is very broad, especially in the tourism sector which is almost totally not operating. The government has taken policies or steps to overcome the impact of the Covid-19 pandemic. All parties are also expected to be able to make efforts to prevent transmission and mitigate the impact that occurs, from the Government, Provincial Government, Regency / City Government, and all levels of society. Efforts to improve the health status of the highest in the form of efforts to prevent disease transmission by involving the community at large. Interesting legal issues to study are as follows: Policies implemented by the Bali Provincial Government in Preventing the Transmission of Covid-19. This study aims to obtain and examine the model applied by the Bali Provincial Government in handling the spread of COVID-19. The results of the study show The policies carried out by the Provincial Government of Bali in the Prevention of Covid-19 Transmission are to realize the acceleration of handling health related to COVID-19, to realize the acceleration of handling the impact of COVID-19 on the economy, and to realize the acceleration of handling the impact of COVID-19 on the community, in the form of a Social Safety Net. The scope of the policy includes: budget reallocation, handling health related to COVID-19, handling the impact of COVID-19 on the economy, and handling the impact of COVID-19 on the community in the form of a Social Safety Net. Handling the Prevention of Covid-19 Transmission is by forming a Task Force based on Traditional Villages and handling health by the Provincial Task Force. The involvement of the traditional village at the behest of the ruler means not respecting the traditional village as an institution that has genuine autonomy that cannot be governed by parties outside the traditional village. Conditions would be different if the initiative to assist the implementation of the handling of Covid-19 came from the traditional village itself.
Tanggung Jawab Korporasi dalam Tindak Pidana Lingkungan Hidup Ni Nyoman Arif Tri Noviyanti; Ni Made Sukaryati Karma; I Nyoman Sutama
Kertha Wicaksana Vol 13 No 2 (2019)
Publisher : Fakultas Hukum, Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/kw.13.2.2019.109-113

Abstract

Indonesia sebagai negara yang berkembang, masih banyak membutuhkan suatu pembangunan di segala sektor khususnya dalam bidang ekonomi. Korporasi yaitu sekelompok orang badan hukum maupun bukan badan hukum yang memiliki persamaan hak dan kewajiban. Peran korporasi sangat penting dalam kehidupan masyarakat seperti pada kegiatan pertambangan, pemanfaatan sumber daya alam dan lain sebagainya. Namun, kegiatan yang dilakukan oleh korporasi tersebut memberikan dampak pada lingkungan hidup dimana korporasi melalaikan fungsi lingkungan hidup dengan menimbulkan pencemaran dan kerusakan pada lingkungan, sehingga perlu diketahui tanggung jawab korporasi apabila melakukan suatu tindak pidana lingkungan hidup. Dari latar belakang di atas, maka penulis mengambil judul penelitian Tanggung Jawab Korporasi Dalam Tindak Pidana Lingkungan Hidup. Perumusan masalah dalam penelitian ini yaitu Bagaimana pengaturan tindak pidana lingkungan hidup terhadap korporasi dan Bagaimana tanggung jawab korporasi dalam tindak pidana lingkungan hidup menurut UUPPLH. Indonesia as a country that is growing, it still requires a lot of development in all sectors, especially in the economic sphere. The Corporation that is a legal entity or a group of people is not a legal entity which has equal rights and obligations. The role of the Corporation is very important in people's lives such as in mining activities, the utilization of natural resources and so on. However, the activities undertaken by the corporations provide the impact on the environment in which the Corporation's neglect of environmental functions with cause pollution and damage to the environment, so keep in mind the responsibility of the corporations when doing an environmental crime. From the background of the above, the authors take the title of the study Corporate Responsibility in Environmental criminal act. Formulation of the problem in this study i.e. how setting environmental criminal act against corporations and How corporate responsibility in environmental criminal act according to UUPPLH.
Peran Lembaga Pusat Pelaporan dan Analisis Dalam Penaggulangan Tindak Pidana Money Laundring I Wayan Panca Eka Darma; I Made Minggu Widyantara; Ni Made Sukaryati Karma
Kertha Wicaksana Vol 14 No 1 (2020)
Publisher : Fakultas Hukum, Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/kw.14.1.2020.63-68

Abstract

This study aims to determine the role of the PPATK in handling money laundering after the enactment of Law No. 8 of 2010 concerning the prevention and eradication of money laundering and how criminal sanctions against money laundering in Indonesia. This study uses a normative legal method with a statutory approach. The conclusion of this research is first, PPATK as an independent institution that has 3 (three) main roles in the prevention and eradication of money laundering by receiving reports on suspicious financial transactions, analyzing reports received from the reporting party and then forwarding the results of the report analysis to the parties authorized. Where in the functions and duties of the PPATK are regulated in articles 30 through article 44 of Law No. 8 of 2010 concerning Prevention and Eradication of Money Laundering. Secondly, in the verdict Number: 339 / PID.B / 2010 / PN.JKT.PST, the contents of the decision stated that defendants I and II in the primer snare violated article 2 paragraph 1 in conjunction with article 18 of Law Number 31 of 1999 concerning criminal corruption as amended by Law Number 31 of 2001, challenge the amendment to Law Number 31 of 1999 in conjunction with article 55 paragraph 1 of the Criminal Code
Sanksi Kasepekang Dalam Hukum Adat Bali I Ketut Sukadana; Diah Gayatri Sudibya; Ni Made Sukaryati Karma
Kertha Wicaksana Vol 15 No 1 (2021)
Publisher : Fakultas Hukum, Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/kw.15.1.2021.72-79

Abstract

Traditional villages in Bali as now regulated through the Bali Provincial Regulation Number 4 of 2019, have the same government system. Activities carried out in traditional villages cover the custom and religious fields, where a traditional village in Bali has its own customary rules which are outlined in the village awig-awig. Customary village government is autonomous, meaning that each customary village has its own rules which only apply to the residents of the village / banjar concerned. In general, the rules contained in awig-awig must not at all conflict with the prevailing regulations at the national or regional levels. But in reality there are still awig-awig in some traditional villages that contain sanctions that are no longer suitable to the times, such as still applying the Kasepekang customary sanction, namely exclusion from the association of living together. The exclusion of members of the community is not half-hearted, and some have even closed off access to the outside of their home yard. The problems examined in this study: (1) the regulation of sanctions in Balinese customary law, and (2) the factors that become the reasons for the implementation of the kasepekang customary sanctions. This type of research is empirical with data collection techniques using interviews with informants. Based on the research results, it can be said that the customary sanctions arrangements are listed in the awig-awig of each customary village, namely indik pamidanda (regarding sanctions); As for the reason that the kasepekang sanction is still being applied in people's lives is because the person concerned is outrageous and difficult to foster, besides this type of sanction is stated in awig-awig so that the prajuru adat (traditional leader) still has a legal basis to apply it.
Pemidanaan bagi Pelaku Tindak Pidana Perkosaan terhadap Penyandang Disabilitas A.A. Kompiang Dhipa Aditya; I Nyoman Gede Sugiartha; Ni Made Sukaryati Karma
Jurnal Konstruksi Hukum Vol. 1 No. 1 (2020): Jurnal Konstruksi Hukum
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/jkh.1.1.2121.7-12

Abstract

Persons with disabilities refer to people who have physical, intellectual, mental, or sensory deficiencies so that in living their lives they find hindrances, as an opposite to normal people. Oftentimes the persons with disabilities receive poor treatment in society, be it discriminatory treatment or criminal acts, one of which is rape. Unfortunately, criminal sanctions for perpetrators of rape against persons with disabilities in Indonesia have not been explicitly regulated. Grounded with this phenomenon, this study examines the legal protection for persons with disabilities as victims of the criminal act of rape and sanctions for the perpetrators of the said criminal acts. To achieve these goals, this study was conducted using a normative legal research method with a conceptual approach and a case approach. Legal protection for persons with disabilities is contained in Article 3 and Article 5 Paragraph (2) of Law Number 8 of 2016 which regulates the rights and legal protection for persons with disabilities as victims of criminal acts. Protection for the rape victims takes the form of restitution and rehabilitation assistance. Sanctions for the perpetrators of the criminal act of rape against persons with disabilities have not been regulated strictly. In the Criminal Code, the criminal acts of rape are regulated in general sphere that is in Articles 285, 286, 287, 288. Thus, the legal protection for persons with disabilities aims to safeguard and maintain the persons with disabilities from the criminal acts of rape. In the Cassation Decision Number 736K/PID/2013 PN Cn, the sanction for perpetrators of rape against persons with disabilities is the imposition of sanctions in the provisions of Article 285 of the Criminal Code.
Sanksi Pidana Kebiri Kimia terhadap Pelaku Tindak Pidana Kekerasan Seksual Anak I Komang Widnyana; Anak Agung Sagung Laksmi Dewi; Ni Made Sukaryati Karma
Jurnal Konstruksi Hukum Vol. 1 No. 1 (2020): Jurnal Konstruksi Hukum
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/jkh.1.1.2158.197-202

Abstract

The number of child sexual violence rates increased in 2016. Encourage the government to form Law of the Republic of Indonesia Number 17 of 2016 concerning Stipulation of PERPU Number 1 of 2016 concerning the Second Amendment to Law Number 23 of 2002 concerning Child Protection into Law. The law contains sanctions against perpetrators of child sexual violence in the form of chemical castration. The purpose of this study was to determine the regulation of chemical castration sanctions against perpetrators of child sexual violence. The method used is the normative method. The regulation for the imposition of criminal sanctions on chemical castration is regulated by Law No. 17 of 2016. The punishment system for chemical castration is a double track system of sanctions. Chemical castration sanctions are sanctions for the act of giving chemical substances to perpetrators of child sexual violence. The prosecutor will carry out the castration sanction as executor of the court's decision and may ask for help from non-doctor medical personnel. The government must immediately pass technical guidelines for the implementation of chemical castration measures. And there is a need for competency education to implement chemical castration.
Sanksi Pidana bagi Pelaku Penyelundupan Imigran Gelap Anak Agung Ngurah Alit Bramandhita; I Wayan Arthanaya; Ni Made Sukaryati Karma
Jurnal Konstruksi Hukum Vol. 1 No. 2 (2020): Jurnal Konstruksi Hukum
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/jkh.1.2.2593.255-259

Abstract

The smuggling of illegal immigrants in Indonesia is an old problem, compounded by the situation in which people smuggling is carried out by Indonesian citizens themselves. The weak law regarding smuggling of illegal immigrants owned by Indonesia has made Indonesia no longer a transit country, but has become a smuggling destination country. Illegal immigrant smuggling can be defined as an activity that has the aim of making a profit, by bringing illegal foreigners to enter Indonesian territory. This study aims to determine the application of the illegal immigrant smuggling crime in Indonesia and to know the criminal sanctions against the illegal immigrant smugglers. This type of research used in this research is normative legal research using the literature review method in finding legal material. The data sources are Primary Legal Materials, which are binding legal materials, namely the 1945 Constitution of the Republic of Indonesia, the RKUHP in Chapter XXII of human smuggling, the Law concerning. The data was collected by means of a documentation study which was carried out by reading and recording the explanatory information obtained. The materials that have been collected are then processed using the inductive deductive method or vice versa, in order to obtain quality legal materials in accordance with the subject matter discussed which in the end the processing will be presented descriptively. The results show that the illegal immigrant smuggling crime is regulated in Article 120 of Law Number 6 of 2011. Then, the perpetrator of the illegal immigrant smuggling crime will be imprisoned for a minimum of 5 (five) years and a maximum of 15 (fifteen) years with a minimum fine of five hundred million rupiah and a maximum of one billion five hundred million rupiah.
Uang Virtual (Cryptocurrency) sebagai Sarana Tindak Pidana Pencucian Uang dalam Perdagangan Saham Dewanti Arya Maha Rani; I Nyoman Gede Sugiartha; Ni Made Sukaryati Karma
Jurnal Konstruksi Hukum Vol. 2 No. 1 (2021): Jurnal Konstruksi Hukum
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/jkh.2.1.2961.19-23

Abstract

The continuation of the electronic media that is widely discussed today is virtual money, commonly known as cryptocurrency. Cryptocurrency can also be referred to as an unformed commercial object; actually in digital form which can be used in electronic transactions. This study aims to analyze the existence of virtual money (cryptocurrency) in stock trading in Indonesia and to find out the responsibilities of money laundering offenders who use virtual money (cryptocurrency) in stock trading. The research method used is normative legal research. The results show that the existence of virtual money (cryptocurrency) in stock trading in Indonesia when used as currency unification, transact, trade or as a means of payment with businesses in this case, especially stock trading in Indonesia can be said to be invalid in terms of Law Number 7. 2011 concerning Currency. Users of virtual money (cryptocurrency) in Indonesia are quite widely used in business, which can be seen in Indonesia itself that virtual money (cryptocurreny) such as Bitcoin and Centcoin are circulating. Then, the responsibility of the perpetrators of money laundering who use virtual money (Cryptocurrency) in stock trading, where this action has a very negative impact on the Indonesian State, especially in terms of business because people who have committed these crimes take advantage of technological advances unwise so that the perpetrators can be ensnared based on Law No. 8 of 2010 concerning the prevention and eradication of the crime of money laundering.
Akibat Hukum bagi Prajurit TNI Melakukan Tindak Pidana Desersi yang Diputus In Absentia dalam Praktek Pengadilan Militer III-14 Denpasar I Wayan Kusuma Purwanta; Anak Agung Sagung Laksmi Dewi; Ni Made Sukaryati Karma
Jurnal Konstruksi Hukum Vol. 2 No. 1 (2021): Jurnal Konstruksi Hukum
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/jkh.2.1.2980.123-127

Abstract

The Unitary State of the Republic of Indonesia is a State of Law. Obligatory for Indonesian citizens to obey and obey the law, no exception for Soldiers of the Indonesian National Army. Apart from being subject to general legal rules such as the Criminal Code and also subject to special rules that only apply to soldiers of the Indonesian National Army, namely the Military Criminal Code and the Military Discipline Law Code. Discipline attitude is a basic milestone for TNI soldiers in carrying out their duties. If a TNI soldier lacks discipline in his life, it will lead to a criminal act. This study aims to explain the factors that cause TNI soldiers to commit the Esersion crime and to explain the legal consequences of the In Absentia decision for TNI soldiers who commit the crime of desertion. The method used is a juridical-empirical research method with a problem approach using case studies that are based on real events in the field without any deception and are pure in nature. The legal materials used are primary and secondary legal materials. The results of the study state that the legal consequence of In absentia a TNI soldier who commits the crime of desertion will remain on trial without the presence of the defendant and will be sentenced to imprisonment with additional penalties in the form of dismissal from military service and the factor that causes TNI soldiers to commit the crime of desertion is lack of discipline as a military soldier, the economy barely lives, is involved in a criminal act, is in debt and is influenced by environmental associations.
Perlindungan Hukum bagi Pemegang Merek terhadap Pemalsuan Merek Fashion Ni Made Dwi Ari Cahyani; Anak Agung Sagung Laksmi Dewi; Ni Made Sukaryati Karma
Jurnal Konstruksi Hukum Vol. 2 No. 1 (2021): Jurnal Konstruksi Hukum
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/jkh.2.1.2990.175-179

Abstract

Trademark is a form of intellectual property which has a function to increase or smoothen trade in services or goods for those who carry out trade in investment and goods. This study aims to explain legal protection for brand holders against violations of fashion brand counterfeiting and to explain the settlement of legal violations against brand holders who are disadvantaged due to fashion brand counterfeiting. This research uses normative legal research methods, namely doctrinal legal research, also referred to as document library research or document study. The approach used is a statutory and conceptual approach. The data used are primary and secondary legal data sources. The results show that the existing legal protection also applies to brand holders, which is protection provided to legal subjects in the form of both preventive and repressive legal instruments. Legal violations against brand counterfeiting are regulated in Law Number 20 of 2016 concerning Marks and Geographical Indications article 83 paragraph (3), which uses the Commercial court route to become an institution in ending trademark disputes, falsification of famous trademark infringements can be resolved through the criminal legal process and legal channels. civil. Legal efforts to hold brand rights against acts of infringement of Zara's Fashion product brands can file criminal and civil lawsuits against proceedings and / or losses in the dragon court adjusted to the provisions stipulated in article 83.The suggestion is to implement the importance of socializing brand registration for legal protection against Brand holders towards increasing awareness for brand owners to register those used
Co-Authors A A Ngurah Bagus Krishna Wirajaya A.A. Kompiang Dhipa Aditya Anak Agung Ngurah Alit Bramandhita Anak Agung Sagung Laksmi Dewi Andrie Eka Putra Ardellia Luckyta Putri Armunanto Arianto Hulu Arief Wibowo Arini, Desak Gde Dwi Ayu Prasetya Dewi Ayu Putri Arisandy Aziz Muhaimin Cipta PutraI Ketut Wira Cipta Putra Cokorda Agung Cahaya Darmadi Cokorda Agung Cahaya Darmadi Cokorda lstri Dharmasatyari Desak Ade Devicia Cempaka Desak Ade Devicia Cempaka Desak Ketut Parwati Desak Ketut Parwati Dewa Gede Ary Krisna Dewanti Arya Maha Rani Dewi, A.A Sagung Laksmi Diah Gayatri Sudibya Dwi Nova Indriyani Eka Andrean Ramadhan Elisabeth Ayustina Putri Korassa Sonbai Gede Mahadi Waisnawa Hanata Putra Gede Oka Swarbhawa I Dewa Gede Agung Ary Junaedi Saputra I Gede Aditya Triyana I Gede Agus Sudiantara I Gede Ananda Prema Abimanyu I Gede Eka Suantara I Gede Made Doni Pramana Putra I Gede Pande Udayana I Gede Susila Putra I Gusti Agung Ayu Candra Nigrat I Gusti Agung Ayu Sita Anandia I Gusti Agung Yuri Anindha I Gusti Bagu Suryawan I Gusti Ngurah Budiyasa I Kadek Aris Setiawan I Kadek Roger Budiastra I Ketut Arya Darmawan I Ketut Rai Setiabudhi I Ketut Sukadana I Ketut Sukadana I Ketut Sukadana I Ketut Yoga Pasupati I Komang Giri Maharta I Komang Triana Diantara I Komang Widnyana I Made Aditya Mantara Putra 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 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 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 Putu Budiartha I Nyoman Sujana I Nyoman Sujana I Nyoman Sutama I Nyoman Sutama I Putu Angga Permana I Putu Arta Setiawan I Putu Bayu Suryadinatha I Putu Erick Sanjaya Putra 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 Panca Eka Darma I Wayan Rideng I Wayan Sunarta I Wayan Werasmana Sancaya Ida Ayu Gede Wulandari 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 Ivony Stefania Seran Tahuk Kadek Jaya Kartika Kadek Nadya Pramita Sari Kartika Dita Ayu Rahmadani Kevin Umbu Hiwa Ninggeding Komang Ariadarma Suputra Komang Sutriani l Nyoman Gede Sugiarta l Nyoman Gede Sugiartha lda Ayu Mirah Widnyani Louis Muda Adam Gesi Radja Luh Putu suryani Made Ayu Adi Pradnyaningrat Made Mahadwiva Surya Krishna Made Minggu Widiantara Made Rony Setiawan Mahendra, Kadek Amen Putra Mario Viano Rasi Wangge Maudy Aulia Putri Mulyawati, Kade Richa Ni Kadek Derlin Yanti 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 Nyoman Arif Tri Noviyanti Ni Putu Ayu Yudiastini Ni Putu Christina Elzaputri Rahayu Ni Putu P Novi Widiantari Ni Putu Ratih Puspitasari Ni Putu Widari Yasaputri Nyoman Dita Ary Putri Nyoman Gde Antaguna Pande Komang Satya Parama Hamsa Pius. A. Samponu Putu Aditya Witanaya Putra Putu Ayu Sriasih Wesna Putu Budiartha, I Nyoman Putu Putra Pradiatmika Ratih Cahya Pramitasari Ratu Agung Dewangga Arinatha Gunawan Rosalina Indah Putri Senastri, Ni Made Jaya Simon Nahak Sri Ulina Theresa Perangin-Angin Sukiani, Ni Ketut Teo Dentha Maha Pratama Tjok Istri Agung Mellynia Putri Saraswati Widiati, Ida Ayu Putu Yoga Wira Pranata