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Penyalahgunaan Aplikasi Media Sosial sebagai Eksploitasi dalam Tindak Pidana Pornografi I Gede Pande Udayana; I Made Minggu Widyantara; Ni Made Sukaryati Karma
Jurnal Konstruksi Hukum Vol. 3 No. 2 (2022): Jurnal Konstruksi Hukum
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (486.881 KB) | DOI: 10.55637/jkh.3.2.4852.438-443

Abstract

With an audiovisual display, it is easy for the audience to know the message conveyed. supervising the administration of local governments in accordance with Article 1 of the Government Regulation of the Republic of Indonesia No. 79 of 2005 concerning Guidelines for the Guidance and Supervision of Regional Government Administration. The Indonesian Broadcasting Commission is an institution that oversees every broadcast that is broadcast with the aim that all broadcasts that are broadcast do not violate the norms that apply in Indonesia. The purpose of this research is to analyze the legal regulation of public broadcasting in electronic media, and to understand the responsibilities of KPI in broadcasting the glorification of sexual harassment perpetrators. This research uses a normative research method using a statutory approach and a conceptual approach in analyzing the problem. The legal regulation on public broadcasting is regulated in Law Number 32 of 2002 concerning Broadcasting which is the main legal material in this research, which supported by legal journals and books. Data collection techniques used are recording and sorting information. In the results of this research, it was found that the Broadcasting Law regulates the issue of legal provisions and regulations regarding broadcasting service providers regarding KPI in charge of regulating matters regarding broadcasting. The Indonesian Supervision Commission has responsibility for glorification cases committed by sexual harassment perpetrators, in accordance with Law No. 32 of 2002 article 8 paragraph (3) concerning broadcasting.
Sanksi Pidana terhadap Pelaku Tindak Pidana Penggelapan dalam Situs Jual Beli Online Made Rony Setiawan; A.A. Sagung Laksmi Dewi; Ni Made Sukaryati Karma
Jurnal Interpretasi Hukum Vol. 1 No. 1 (2020): Jurnal Interpretasi Hukum
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (217.303 KB) | DOI: 10.22225/juinhum.1.1.2198.124-129

Abstract

Nowadays in the world of electronic transactions many deviant acts are found, and are not based on existing legal norms, which mostly occur in the online trading system. Online sales and purchases are sometimes only based on trust, which means that the perpetrators of trade are sometimes unclear. Thus, this study was conducted to determine the legal arrangements regarding the actions that have been carried out by business actors to consumers and criminal sanctions imposed on perpetrators of embezzlement in online trading sites. This study uses a normative method because there are still vague norms, based on the opinions of legal scholars and the Law. Prohibition of business actors in marketing activities is regulated in Article 9 paragraph 1 of the Consumer Protection Act prohibiting business actors from offering, promoting, advertising goods and / or services incorrectly or as if the goods have fulfilled and have discounted prices, special prices , certain quality standards, certain styles or modes, certain characteristics, certain history or uses, the goods are in good or new condition, the goods and services have been obtained or have a sponsor, approval, certain equipment, certain benefits. Crimes of embezzlement are based on the provisions of article 372 KUHP, which means that someone who has someone's belongings with the intention of violating the law is an embezzlement.
Kedudukan dan Perlindungan Saksi Mahkota dalam Tindak Pidana Pencurian dengan Kekerasan (Studi Kasus Pengadilan Negeri Denpasar) Ni Made Elly Pradnya Suari; I Made Minggu Widyantara; Ni Made Sukaryati Karma
Jurnal Interpretasi Hukum Vol. 1 No. 1 (2020): Jurnal Interpretasi Hukum
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (494.482 KB) | DOI: 10.22225/juinhum.1.1.2213.210-215

Abstract

The presence of witnesses in the evidence is the keyword in disclosing the facts of criminal cases. The crown witness is often present at court. However, there are many differences of opinion in the Jurisprudence regarding the use of crown witnesses in court because there is no legal regulation that explicitly regulates the use of crown witnesses in criminal justice. Based on these problems, this study described how the protection of the rights of defendants as crown witnesses in criminal acts of theft with violence and how the position of crown witnesses in criminal acts of theft with violence. This research was designed using a normative legal research method and a conceptual approach. In the Criminal Procedure Code, there is no prohibition for a defendant to provide information for other defendants as far as using a splitsing system so that defendants who are crown witnesses still receive legal protection. The decision of the Supreme Court Number 1942 K / PID / 2012 which in its verification process used a crown witness. In this case, the public prosecutor presented the crown witness due to the lack of evidence especially witness testimony evidence. The role of the crown witness is very important to uncover criminal events because the defendant knows, sees, and commits criminal theft with violence. The result of this study showed that the protection of the rights of the defendant as a crown witness is equated with the rights of the defendant in general, which is regulated in Article 50 to Article 68 of the Criminal Procedure Code and witness rights set out in Article 5 of Law Number 31 of 2014. The position of the crown witness is justified in proof-based on the Circular Attorney General's Office of the Republic of Indonesia Number B-69 / E / 02/1997 of 1997 concerning Proof Law in Criminal Cases.
Penyelesaian Kredit Macet dengan Benda Jaminan Fidusia yang Dipalsukan (Studi Kasus: PT. BPR. Ulatidana Rahayu) Ni Made Sintia Tarisa; I Nyoman Putu Budiartha; Ni Made Sukaryati Karma
Jurnal Interpretasi Hukum Vol. 1 No. 1 (2020): Jurnal Interpretasi Hukum
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (510.954 KB) | DOI: 10.22225/juinhum.1.1.2214.222-227

Abstract

An agreement is a legal action carried out by two or more people who have legal consequences for the rights and obligations of the makers. The agreement involves at least 2 or more people. In addition to individuals, the parties to the agreement may also consist of legal entities. Limited Liability Company (PT) is a legal entity that is one of the parties or both of them in the agreement. Both are legal subjects who can carry out legal actions and carry out their rights and obligations. Referring to the above problems, this study was conducted with the aim of describing how the legal protection of bank creditors in granting credit with fiduciary collateral objects falsified and how the legal consequences if the debtor commits the fraud of the BPKB (certificate of ownership of motor vehicles) credit guarantee. This research was designed using an empirical research approach. The results of this study indicated that the legal protection of bank creditors in falsifying collateral loans with fiduciary collateral objects is regulated in articles 1131 and 1132 of the Civil Code. Other legal protection given to creditors is preventive legal protection which is legal protection to prevent disputes and in this case concerning the rights and obligations of creditors. Another result of this research is the debtor who falsified the collateral object or the BPKB of the vehicle that was used for credit guarantees was used in article 263 of the Criminal Code with the threat of a maximum prison sentence of six years. So, legal protection and sanctions to creditors and debtors, if a problem occurs is regulated in statutory regulation.
Perlindungan Hukum terhadap Pencipta Musik sebagai Suara Latar di Youtube Komang Ariadarma Suputra; Ida Ayu Putu Widiati; Ni Made Sukaryati Karma
Jurnal Interpretasi Hukum Vol. 1 No. 1 (2020): Jurnal Interpretasi Hukum
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (260.191 KB) | DOI: 10.22225/juinhum.1.1.2220.77-82

Abstract

The use of music as video background sound is currently rife on social media Youtube. This is inseparable from the moral and economic benefits that users get through the features offered by Youtube. Therefore, as a state of law, Indonesia should appropriately provide legal protection for Music Creators whose works are used. The purpose of this study is to analyze the legal protection of music creators as a background voice on Youtube and find out the sanctions imposed on Youtube channels that commit copyright infringement. The research method used is normative legal research with statutory and conceptual approaches. The results showed that music is the result of human expression that has an element of beauty in it. Thus, the need for legal protection is given to the Creator. Legal protection is preventive, namely the formulation of the exclusive right of a Music Creator to Article 5 and Article 9 of Law no. 28 of 2014 concerning Copyright and repressively, the Music Creator can fight for his rights that have been violated through the courts and outside the court. As for the sanctions against violations of music copyright as the background sound of videos on Youtube, namely sanctions in the form of compensation for damages that have been caused as stipulated in Article 99 of Law No. 28 of 2014 concerning Copyright. Criminal sanctions are regulated in Article 113 paragraph (4) of Law no. 28 of 2014 concerning Copyright in the form of a maximum imprisonment of 10 years and / or a maximum fine of Rp. 4,000,000,000.00
Pemidanaan terhadap Pelaku Main Hakim Sendiri dalam Kaitannya dengan Kontrol Sosial (Social Controlling) I Made Khrisna Dwi Payana; Anak Agung Sagung Laksmi Dewi; Ni Made Sukaryati Karma
Jurnal Interpretasi Hukum Vol. 1 No. 2 (2020): Jurnal Interpretasi Hukum
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (235.647 KB) | DOI: 10.22225/juinhum.1.2.2436.63-67

Abstract

Vigilante (vigilante) creates an outburst of emotions and resentment from the community about the failure of law enforcers to carry out their duties to find criminals. So that it causes mistakes and acts alone without any legal basis and applicable laws. As for the problems found: 1. What is the legal arrangement for vigilante acts? 2. What is the criminal sanction for vigilante actors in relation to social control? The purpose of this research is to find out the qualifications of vigilante one criminal act along with the criminal threat, and it is important that the imposition of vigilante offenders regulate the behavior of the community. This study uses a normative research method, namely legal research which examines various aspects of written law. There is a research finding that the act of vigilantism is due to participation, emotional factors, lack of understanding of the law, the social situation and the law enforcement's inactivity towards the perpetrator is threatened with a criminal act based on the provisions of Article 170 of the Criminal Code.
Tindak Pidana Bullying yang dilakukan Anak dibawah Umur melalui Keadilan Restorative Justice I Made Rai Dwi Surya Atmaja; Anak Agung Sagung Laksmi Dewi; ni made sukaryati Karma
Jurnal Interpretasi Hukum Vol. 1 No. 2 (2020): Jurnal Interpretasi Hukum
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (573.045 KB) | DOI: 10.22225/juinhum.1.2.2437.68-72

Abstract

Bullying is bullying that often leads to bad deeds that contain crime, but goes unnoticed. Based on this research, the authors raise the formulation of the problem: 1. How is legal protection for child victims of bullying ?, 2. How is the settlement of bullying crime through restorative justice? This type of research is normative law. The approach to this research problem is a statutory approach, a conceptual approach, and a case approach. The research method used is normative legal research, by conducting studies based on legal materials from legal books and is a process of finding legal rules. As for the problem approach in this study, namely the statutory approach (statute approach) and the conceptual approach (conceptual approach) and the case approach (case approach). The results show that the form of legal protection for child victims of criminal acts of bullying is regulated in several laws and regulations, namely, the Criminal Code, Law Number 35 of 2014 concerning Amendments to Law No. 23 of 2002 concerning Child Protection, Law Number 19 of 2016 concerning Amendments to Law Number 11 of 2008 concerning Electronic Information and Transactions. Efforts to resolve criminal acts of bullying through restorative justice using non litigation or settlement of disputes outside the court. The point of settlement of cases on restorative justice is based on the parties to express their opinions to produce an agreement. There are two kinds of crime prevention efforts, namely penal and non-penal efforts. It is hoped that the government, agencies engaged in law enforcement and education as well as the public will make firm efforts against the crime of bullying.
Upaya Hukum Praperadilan dalam Sistem Peradilan Pidana di Indonesia I Made Wisnu Wijaya Kusuma; I Made sepud; Ni Made Sukaryati Karma
Jurnal Interpretasi Hukum Vol. 1 No. 2 (2020): Jurnal Interpretasi Hukum
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (553.887 KB) | DOI: 10.22225/juinhum.1.2.2438.73-77

Abstract

Criminal justice system and Indonesian criminal procedural law adhere to presumption of innocence.So, a person must protect his human rights. KUHAP formed a new institution, namely pretrial. Based on this research authors raise formulation problems: 1. How pretrial regulation criminal justice system Indonesia, 2. How validity pretrial that has not been decided if the subject matter case has been tried. Type research used normative. approach method used statutory approach, shortening analysis legal concepts. pre-trial authority according to Article 77 Criminal Procedure Code examines whether or not coercive measures are arrest and detention well examine whether or not termination investigation or prosecution, compensation and rehabilitation legal or not. Judge Sarpin stated that Sprindik, which became the basis for Budi Gunawan's investigation, was invalid. pretrial regulations are regulated Law No. 8 of 1981 on Criminal Procedure Law in article 77 Criminal Procedure Code, namely pretrial, which authority district court examine and decide, Constitutional Court Number 21/PUU -XII/2014, authority pre-trial institution also includes whether or not determination suspects valid, searches and confiscation. Validity investigations carried out by KPK regarding determination suspect Budi Gunawan was invalid therefore determination had no binding legal force. The Subject matter pretrial case being tried declared null and void.
Tindak Pidana Pemerkosaan dalam Perspektif Perlindungan Hukum Perempuan Teo Dentha Maha Pratama; Anak Agung Sagung Laksmi Dewi; Ni Made Sukaryati Karma
Jurnal Interpretasi Hukum Vol. 1 No. 2 (2020): Jurnal Interpretasi Hukum
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (571.209 KB) | DOI: 10.22225/juinhum.1.2.2463.191-196

Abstract

A criminal act refers to an act that is prohibited by legal regulations accompanied by threats in the form of sanctions such as the application of certain crimes. The criminal act of rape in the Criminal Code is included in the category of decency. Criminal acts of rape can be referenced from the Book II of the Criminal Code. In this regard, this study focuses on two issues: (1) legal protection of women victims of rape from a women’s legal perspective and (2) criminal sanctions against perpetrators of the criminal acts of rape against women. This study makes use of the normative method because there is an empty norm. Legal protection for women as victims of rape correlatable in Article 285 of the Criminal Code Paragraph (1) and Paragraph (2) as well as the Domestic Violence Law (KDRT) Number 23 of 2004 Article 46 concerning Sexual Violence in the household. This regulation only regulates the sanctions for perpetrators of the acts of rape against women. Sanctions for perpetrators of the rape against women are regulated in Article 285 Paragraph (1) and Paragraph (2) which can also be seen in Law Number 23 of 2004 Article 46 concerning the Elimination of Domestic Violence with imprisonment or the same fine.
Tanggung Jawab Ahli Waris dalam Pengembalian Aset Negara Hasil Tindak Pidana Korupsi oleh Terpidana yang Meninggal Dunia Putu Aditya Witanaya Putra; Anak Agung Sagung Laksmi Dewi; Ni Made Sukaryati Karma
Jurnal Interpretasi Hukum Vol. 2 No. 1 (2021): Jurnal Interpretasi Hukum
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (192.052 KB) | DOI: 10.22225/juinhum.2.1.3080.126-131

Abstract

Corruption is a very serious problem because it is detrimental to State finances. Therefore, several actions are needed to recover state financial losses by paying compensation for state assets. This study aims to determine the responsibility of the heirs in returning state assets from corruption committed by their deceased parents and to analyze the payment mechanism for the return of state assets resulting from corruption. This study uses normative research with a statutory approach. The results of the analysis show that the responsibility of the heirs in returning state assets depends on the evidence of court decisions and the mechanism regarding replacement money in returning state assets in accordance with the amount of assets convicted of corruption. Then, the replacement money mechanism for returning state assets from the proceeds of corruption in Law Number 31 of 1999 in conjunction with Law Number 20 of 2001 concerning Corruption Eradication explains that corruption convicts are required to pay the amount of replacement money according to the results corrupted by the convict. The conclusion is that state financial losses caused by corruption convicts who have passed away are transferred to their heirs according to evidence in court decisions.
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 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 Bagus Suryawan, I Gusti Bagus 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 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 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 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