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Kekuatan Email Sebagai Alat Bukti dalam Proses Persidangan Perkara Perdata Cokorda Agung Cahaya Darmadi; I Made Minggu Widyantara; Ni Made Sukaryati Karma
Jurnal Interpretasi Hukum Vol. 2 No. 3 (2021): Jurnal Interpretasi Hukum
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (175.206 KB) | DOI: 10.22225/juinhum.2.3.4146.611-617

Abstract

The rapid development of technology and telecommunications makes it easier for someone to send a letter via e-mail because the use of e-mail is considered cheap and fast. In addition, the data that we send via email will be stored, so that if at any time there is a problem related to the letter, it is easy to find physical evidence of the letter in the email. From this phenomenon, this research was conducted with the aim of examining how to prove the use of email based on the ITE Law and examine the strength of email in the trial process when it is associated with article 1866 of the Civil Code. This study uses a normative legal research type by applying the legislation approach and the case approach. The legal materials used are primary, secondary and tertiary obtained through literature study. After the data is collected, the data is processed by descriptive qualitative analysis. The results of the study show that e-mail verification as evidence in civil case trials can be used in trials regarding the legal aspects of e-mail application in enforcing the law. With the development of today's technology through communication media known as the internet, it has changed the way of thinking and acting which then has an impact on the law. The strength of e-mail evidence as a process of proof in court when it is associated with Article 164 HIR regarding valid evidence.
Eksploitasi Anak Sebagai Pedagang Asongan ditinjau dari UU Perlindungan Anak pada Masa Pandemi Covid-19 Cipta PutraI Ketut Wira Cipta Putra; Anak Agung Sagung Laksmi Dewi; Ni Made Sukaryati Karma
Jurnal Interpretasi Hukum Vol. 2 No. 3 (2021): Jurnal Interpretasi Hukum
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (168.65 KB) | DOI: 10.22225/juinhum.2.3.4175.667-672

Abstract

Legal arrangements for child exploitation during the Covid-19 pandemic have not yet been included in the Criminal Code (KUHP). So that parents who employ their children as hawkers are still free from legal snares and can easily justify economically. This study aims to examine the legal arrangements for perpetrators of criminal acts of child exploitation as hawkers and reveal criminal sanctions for perpetrators of acts of exploitation of children as hawkers during the Covid-19 pandemic. This research method uses normative legal research by applying a conceptual approach and legislation. The data used are primary, secondary and tertiary legal data obtained by the recording method. After the data has been collected, the next step is to process and analyze it in a systematic way with legal intervention. The results of the study show that legal arrangements for perpetrators of criminal acts of exploitation of children during the Covid-19 pandemic, one of which is child exploitation, are not specifically regulated in Article 13 of Law no. 35 of 2014 amendments to Law no. 23 of 2002 concerning Child Protection. Therefore, in this case there is a void of norms, but the crime of child exploitation based on the provisions of Article 103 of the Criminal Code states that crimes against children are a special crime. Related to criminal sanctions, they are sentenced to a maximum imprisonment of ten years or a maximum fine of Rp. 200,000,000.00 (two hundred million rupiah
Kajian Yuridis Tindak Pidana Pemalsuan Surat secara Bersama-Sama (Studi Kasus Putusan Pengadilan Negeri Jakarta Timur Nomor 305/Pid.B/2021/PN Jkt.Timur) I Gede Eka Suantara; I Nyoman Gede Sugiartha; Ni Made Sukaryati Karma
Jurnal Interpretasi Hukum Vol. 3 No. 1 (2022): Jurnal Interpretasi Hukum
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (209.177 KB) | DOI: 10.22225/juinhum.3.1.4640.66-71

Abstract

Indonesia is a legal state in which all aspects are regulated by applicable law to determine the obligations, rights and obligations in monitoring one's own and social desires. Of course, the existence of applicable laws in Indonesia has a very good influence in order because it can control all kinds of criminal activities that occur in society. This study aims to reveal the form of criminal sanctions and legal considerations given by the panel of judges in imposing a sentence on the perpetrators of the crime of forging letters which were carried out together. This research uses normative legal writing method. Sources of data used are primary and secondary data. Data analysis is used in a qualitative, in-depth and comprehensive way and when analyzing legal materials, namely by argumentation through explaining legal incident materials or legal results in detail to facilitate interpretation in the analysis. The results in the study indicate that in terms of considering the judge's role when giving criminal sanctions to the defendant on behalf of Ahmad Saifudin in the decision Number 305/Pid.B/2021/PN Jkt.Tim, in which the defendant was sentenced for what he had done, he was sentenced to 1 year 2 months jail. The conclusion of the study is that joint criminal sanctions in carrying out the criminal act of forging letters together can be imposed as described in Article 263 paragraph (1) of the Criminal Code regarding the crime of forging letters, threatened with imprisonment for a maximum of six years. The researcher hopes that in deciding a case the judge can consider everything
Sanksi Pidana terhadap Pelaku Tindak Pidana Korupsi Dana Bantuan Sosial Kevin Umbu Hiwa Ninggeding; I Nyoman Gede Sugiartha; Ni Made Sukaryati Karma
Jurnal Interpretasi Hukum Vol. 3 No. 1 (2022): Jurnal Interpretasi Hukum
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (241.005 KB) | DOI: 10.22225/juinhum.3.1.4642.78-82

Abstract

Pertanggungjawaban Pemilik Gedung Mall atas Kerusakan Gedung Hingga Pengunjung Mall Meninggal Dunia Eka Andrean Ramadhan; Anak Agung Sagung Laksmi Dewi; Ni Made Sukaryati Karma
Jurnal Interpretasi Hukum Vol. 3 No. 2 (2022): Jurnal Interpretasi Hukum
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/juinhum.3.2.5057.231-236

Abstract

This study aims to analyze and describe the regulations for criminal liability of mall building owners for building damage that causes mall visitors to die and criminal sanctions that ensnare mall building owners. The research method used is normative legal research, this writing study is based on legal materials and literature, which are the stages in obtaining legal rules or norms. The analysis of legal materials is a descriptive-analytical analysis. The results of the study indicate that the responsibility of building owners has been listed in the civil law code where the owner must be responsible if the building collapses causing people to become victims, so they must carry out maintenance and maintenance of the building so that there is no damage that causes the collapse of the mall building.
Visum Et Repertum Sebagai Alat Bukti dalam Menentukan Tuntutan Pidana terhadap Kasus Penganiayaan Berat Ni Putu P Novi Widiantari; I Nyoman Gede Sugiartha; Ni Made Sukaryati Karma
Jurnal Interpretasi Hukum Vol. 3 No. 2 (2022): Jurnal Interpretasi Hukum
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/juinhum.3.2.5067.292-297

Abstract

In Indonesian law, there is one piece of evidence called Visum et Repertum. The evidence is in the form of a statement from an expert in Judicial Medicine or Forensic Medicine obtained from the examination of the victim's body. The purpose of this study was to analyze the form of the Visum et Repertum equation as a valid evidence in the crime of serious maltreatment and to examine the strength of the proof of the post-mortem as evidence in determining the prosecution for cases of severe maltreatment. Visum et Repertum is one of the most important pieces of evidence in cases of severe abuse because it can assist judges in making decisions. This study uses a normative legal method which uses a statutory, conceptual, and deductive-inductive logical reasoning approach. The sources of the legal materials for this study are primary legal materials which contain the Criminal Code, the Criminal Procedure Code, the Law on the Principal Powers of Judges, the Law on the Indonesian Attorney General's Office, and the Law on the Indonesian National Police. Secondary legal materials consisting of: print and electronic literacy relevant to this . Data collection techniques used: library techniques and note-taking techniques, the data was collected then analyzed systematically through arguments formed from legal logic. This finds that Visum et Repertum is not explained directly in the Criminal Procedure Code, but the evidence from the examination relating to the body or life is considered valid and can be a consideration for judges in deciding a case with valid evidence.
Sanksi Pidana terhadap Anak yang Melakukan Tindak Pidana Kekerasan Dalam Rumah Tangga Pius. A. Samponu; Anak Agung Sagung Laksmi Dewi; Ni Made Sukaryati Karma
Jurnal Interpretasi Hukum Vol. 3 No. 2 (2022): Jurnal Interpretasi Hukum
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/juinhum.3.2.5068.298-303

Abstract

As a result of early marriage that takes place without the mental readiness of the partner, it ends in divorce and also triggers domestic violence. The purpose of this research is to analyze the legal arrangements for domestic violence crimes and to examine criminal sanctions against minors who commit domestic violence crimes. The research methods used include normative research methods using a statutory approach, and a conceptual approach. Primary data is sourced from legislation relevant to the problem being studied, while secondary data and tertiary data are sourced from books, legal journals and legal websites related to the problem. The result shows that the regulation regarding domestic violence is contained in Law Number 23 of 2004, the definition of domestic violence is any form of physical, psychological, sexual violence, and neglect of the household and is classified as against the law that occurs in the household environment and causes suffering to the victim. Protection for victims of domestic violence begins with protection by the police, health sector, social worker sector, companion volunteers, spiritual mentors, advocacy protection, and protection from judicial institutions. Domestic violence committed by children due to the phenomenon of early marriage, efforts to protect legal rights refer to the child protection law Law Number 17 of 2016 and Law Number 11 of 2012 concerning the Child Criminal Justice System with imprisonment or job training.
Tinjauan Yuridis terhadap Penegakan Tindak Pidana Terorisme Ditinjau dari “Asas Presumtion of Innocence” dan “Presumtion of Guilt” I Made Yogi Astawa; I Made Minggu Widyantara; Ni Made Sukaryati Karma
Jurnal Preferensi Hukum Vol. 1 No. 1 (2020): Jurnal Preferensi Hukum
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (663.662 KB) | DOI: 10.22225/jph.1.1.1974.113-119

Abstract

Terrorism is an act that uses violence or threat of violence. Thus, law enforcement against criminal acts of terrorism is carried out with the Indonesian Criminal Justice System, with the operation of criminal justice systems ranging from the level of investigation, prosecution, justice to Prisoners in Penitentiary institutions into a single unit of the criminal justice system that enforces legal rules related to criminal acts of terrorism based on the principles of "Presumtion of Innocence" and "Presumtion of Guilt". This study aims to determine the prevention of criminal acts of terrorism in terms of the principle of the Presumtion of Guilt and efforts to enforce criminal acts of terrorism in the perspective of the principle of the Presumtion of Innocence. This type of research is Normative research type. In this paper it can be concluded that the enforcement of criminal acts of terrorism can be done through preventive measures by preventing the first occurrence of criminal acts of terrorism and repressive efforts by carrying out law enforcement efforts against suspects or defendants of criminal acts of terrorism. The enforcement of criminal acts of terrorism based on the principle of the Presumtion of Innocence has been aligned and implemented with the criminal justice system and preceded by the existence of two pieces of initial evidence so that no procedural defects occur and result in human rights violations.
Penegakan Hukum terhadap Narapidana yang Melakukan Transaksi Narkotika di dalam Lembaga Pemasyarakatan I Made Dwi Payana; Ida Ayu Putu Widiati; Ni Made Sukaryati Karma
Jurnal Preferensi Hukum Vol. 1 No. 1 (2020): Jurnal Preferensi Hukum
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (212.597 KB) | DOI: 10.22225/jph.1.1.1988.80-85

Abstract

Narcotics transaction or narcotics distribution, especially in correctional institutions has been very widespread; this is the impact of the loss of control of the existing system. This condition has an impact on the formation of a negative view of the community on the implementation of law enforcement, especially in the prison environment. So the problem under study is how to regulate sanctions related to narcotics transactions that occur within prison and how enforcement against inmates conducting drug transactions in prison law. By using the empirical normative legal research method (mix method) whit primary data sourced from Class II Penitentiary Kerobokan. The results of the study showed that the regulation of sanctions for prisoners who carry out narcotics transactions in prisons, namely the threat of capital punishment, life imprisonment, maximum imprisonment of 20 years and a minimum of 5 years. Whereas law enforcement in correctional institutions, namely severe disciplinary penalties, entered into a register, handed down register F, all prisoners’ rights will be lost, and passed on to the competent authority. The government in this case is the Ministry of Law and Human Rights should always collaborate with the National Narcotics Agency by visiting prisons regularly or allegedly as a place for narcotics transactions or distribution. Then with regard to legislation products that are already in force it should be noted again.
Sanksi Pidana bagi Pelaku Perbuatan Cabul terhadap Anak Dibawah Umur (Studi Kasus Putusan Nomor 29/Pid. Sus- Anak/2018/PN Dps) I Putu Arta Setiawan; I Wayan Rideng; Ni Made Sukaryati Karma
Jurnal Preferensi Hukum Vol. 1 No. 1 (2020): Jurnal Preferensi Hukum
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (670.046 KB) | DOI: 10.22225/jph.1.1.1997.139-144

Abstract

Cases of molestation against children are rife today. This is a problem that becomes the duty of law enforcement officers and the community to fight. Abuse of children is carried out by offenders to fulfill thier lust and also because of sexual abnormalities. Related to this problem, law enforcement agencies in particular and the community must play an active role in making efforts to overcome these problems. Imposition of sanctions is a repressive effort that can be done to provide a deterrent effect for the perpetrators. Based on this problem, this study was conducted to describe how the legal protection of child victims of sexual abuse and how sanctions for perpetrators of sexual abuse of children. This study used a normative method, and research data are sourced from the opinions of legal scholars and the Law. The results of this study indicate that the government and the community are required to provide special protection such as rehabilitation efforts and keep victims from surrounding labeling or suffering from their identity as victims of sexual abuse or violence, as Article 64 Paragraph (1) and (3) of Law Number 23 Year 2002 JO Law Number 35 of 2014 concerning Child Protection regulates it. Based on Decision Number 29 / Pid. Sus-Anak / 2018 / PN Dps determined that the defendant BASID fulfilled the elements of the formulation in Article 82 paragraph (1) Jo Article 76 E of the Child Protection Act No. 35 of 2014 concerning amendments to the Law of the Republic of Indonesia Number 23 of 2002 concerning child protection and was sentenced to 13 (thirteen) years in prison along with job training at Mercy Indonesia Foundation Jalan Intan LC II Gang IV No.1 Gatot Subroto Denpasar for 6 (six) months as in a single indictment of the Public Prosecutor
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