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All Journal Sociological Jurisprudence Journal KERTHA WICAKSANA Budapest International Research and Critics Institute-Journal (BIRCI-Journal): Humanities and Social Sciences Jurnal Konstruksi Hukum Jurnal Interpretasi Hukum Jurnal Preferensi Hukum (JPH) Law Doctoral Community Service Journal Eduvest - Journal of Universal Studies Community Services Journal (CSJ) Indonesian Journal of Law and Justice Jurnal Analogi Hukum

Karma, Ni Made Sukaryati

Universitas Warmadewa

Author-ID : 1228589

Religion Aerospace Engineering Arts Humanities Computer Science & IT Economics, Econometrics & Finance Environmental Science Health Professions Law, Crime, Criminology & Criminal Justice Neuroscience Social Sciences

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Perlindungan Hukum terhadap Warga Negara Asing Korban Tindak Pidana Penipuan dan Penggelapan Sewa Menyewa Tanah I Wayan Ari Subakti; Anak Agung Sagung Laksmi Dewi; Ni Made Sukaryati Karma
Jurnal Preferensi Hukum Vol. 1 No. 1 (2020): Jurnal Preferensi Hukum
Publisher : Warmadewa Press

Legal protection is all efforts to fulfill human rights and it is offered to the broad individual so that everyone can get a sense of comfort and peace in running life without a certain threat arising from other societies, thus the community does not complain about the existence of an enforcement the rules. Criminalization is a process that arises as a result of an act carried out by each individual, where it is given a binding sanction. The purpose of this research is to find out the meaning and components in deception and embezzlement and to explain the legal protection of foreign people who are victims of the crime of renting land. This research uses normative legal methods. Deception is an act based on what someone does with regard to goods. The elements of a criminal offense are to persuade another person to hand over an item. While embezzlement of goods is an act that can harm a person in order to benefit himself. The elements of embezzlement are: whoever, an item, all or the other people who are in their territory is not a crime, by fighting the law and being aware. The legal protection of foreigners against evasion and fraud in renting land is regulated in the Criminal Code article 378 of the Criminal Code

Tinjauan Yuridis terhadap Pembelaan Terpaksa (Noodweer) sebagai Alasan Penghapus Pidana lda Ayu Mirah Widnyani; Anak Agung Sagung Laksmi Dewi; Ni Made Sukaryati Karma
Jurnal Preferensi Hukum Vol. 1 No. 1 (2020): Jurnal Preferensi Hukum
Publisher : Warmadewa Press

Defending one’s self in a forced state, or in the Criminal Code known as “forced defense” (Noodweer), arose as a result of a situation where a victim of an act of crime was in a coercive situation or state so as to be forced to carry out self-defense. A person becoming a victim of a crime has the space to make use of power and efforts to defend and save his/her possessions, honor, and soul. This research highlights two issues related to this. First, which type of crime is included in forced defense? Second, what is the legal basis for the elimination of criminal acts against a person doing self-defense in a coercive state in a crime? To uncover these issues, this research was conducted using the design and method of normative legal research with statutory and conceptual approaches. The results show that the concept contained in Article 49 Paragraph 1, interpreted as a noodweer, aims to protect oneself and others, the honor of one’s own morality or property, which when compared to the criminal acts of robbery referred to as being clearly considered the noodweer. ln addition, the legal basis for the elimination of criminality against the act of noodweer is the legal conclusion resulted from the facts revealed at the trial and the values to uphold, that is, to appraise and understand the sense of justice living in the community according to the judge’s point of view. Based on this fact, noodweer and the basis for the elimination of criminal acts against self-defense if compared to related cases have been considered as noodweer in accordance with Article 49 Paragraph 1. Further research is expected to further broaden the scope or coverage of research on the self-defense.

Pertimbangan Hakim dalam Menjatuhkan Pidana terhadap Tindak Pidana Pencurian dengan Pemberatan yang Dilakukan oleh Anak Ida Bagus Agung Pariama Manuaba; I Nyoman Sujana; Ni Made Sukaryati Karma
Jurnal Preferensi Hukum Vol. 1 No. 1 (2020): Jurnal Preferensi Hukum
Publisher : Warmadewa Press

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.

Perlindungan Hukum terhadap Konsumen yang Dirugikan pada Transaksi Elektronik di PT. Orindo Alam Ayu Ratih Cahya Pramitasari; I Nyoman Putu Budiartha; Ni Made Sukaryati Karma
Jurnal Preferensi Hukum Vol. 1 No. 1 (2020): Jurnal Preferensi Hukum
Publisher : Warmadewa Press

In this Development Era, the rapid development of electronic-based trading. Of course the need for the internet as a medium that connects important online shopping pages. This is what is called E-Commerce, which is a form of electronic-based trading. One company engaged in electronic commerce uses PT. Orindo Alam Ayu. Therefore, the authors are interested in discussing various problems that often occur in this company by pouring in the form of a thesis entitled Legal Protection Against Consumers who are disadvantaged in electronic transactions at PT. Orindo Alam Ayu, with the formulation of the problem 1) How is the legal protection for consumers who are disadvantaged in electronic transactions at PT. Orindo Alam Ayu? 2) How to resolve disputes against consumers who are disadvantaged through electronic transactions at PT. Orindo Alam Ayu? The research method used is empirical research.A loss that is often experienced by consumers who make electronic transactions at PT. Orindo Alam Ayu can do the transfer. Shipping and delivery of goods from PT. Orindo Alam Ayu to the consumer. Consumers take advantage of time, because they have to make complaints to the business, to the channeling of funds, namely banks. Therefore, PT. Orindo Alam Party business assistance here As well as resolving disputes over consumers by fixing money disputes related to each consumer. So the final settlement does not reach the end of the path, licensing can be completed properly.

Peran Badan Penyelesaian Sengketa Konsumen (BPSK) dalam Penyelesaian Sengketa Konsumen (Studi Kasus : Putusan BPSK Badung No.01/AP/BPSK/IV/2016) Arianto Hulu; A.A. Laksmi Sagung Dewi Ni; Made Sukaryati Karma
Jurnal Preferensi Hukum Vol. 1 No. 2 (2020): Jurnal Preferensi Hukum
Publisher : Warmadewa Press

Indonesia, with the fourth largest population in the world, is a large market share for business actors. However, this potential is not free from negative things where business actors often only make consumers the object of their business activities without paying attention to the quality of the products being marketed so that consumers suffer losses. Responding to this phenomenon, the Consumer Dispute Resolution Agency (BPSK) was formed as an alternative means of dispute resolution between Buyers and Sellers with the aim of resolving disputes between the two parties in an effective and efficient non-litigation manner. This organization is not systemic but has the function of resolving conflicts that occur between producers and buyers on a non-litigation basis. This research was conducted with the aim of describing the forms of consumer legal protection for business actors and the role of BPSK in resolving consumer disputes. The research method used in this paper was a normative legal research method. This research showed that consumer legal protection for business actors is regulated in article 1 number 3 Law No. 8 of 1999 regarding consumer protection which states that a business actor is an entire person or individual or a business entity based on law or not and the place to carry out these activities in the territory of the Republic of Indonesia. In addition, BPSK has a role in carrying out the process and resolving consumer conflicts through mediation, arbitration or conciliation with opportunities ranging from consumer protection consultations, supervision in the application of agreements, making reports to investigators if there are indications of legal violations, receiving complaints, conducting studies and analysis of conflicts that occurred, summoning the parties, witnesses and any individual who is aware of an incident of law violation.

Tinjauan Yuridis Pengajuan Permohonan Peninjauan Kembali pada Perkara Pidana dalam Sistem Hukum Indonesia I Made Widi Adi Peremana; A. A. Sagung Laksmi Dewi; Ni Made Sukaryati Karma
Jurnal Preferensi Hukum Vol. 1 No. 2 (2020): Jurnal Preferensi Hukum
Publisher : Warmadewa Press

The study of this research is the submission of requests for reconsideration in criminal cases in the Indonesian legal system which became a polemic after the issuance of the Constitutional Court Decision Number 34 / XI-PUU / 2013 and Circular Letter of the Supreme Court (SEMA) Number 7 of 2014 concerning Submission of Reappeals in Cases Criminal. The research objectives to be achieved, in this case, are the regulation of legal reconsideration efforts in Indonesia and the procedure for submitting a request for review in the Indonesian system. Researchers use a normative juridical approach or library research or doctrinal legal research which can be interpreted as legal research by examining library materials and secondary materials. This study illustrates that the regulations for reconsideration in the legal system in Indonesia are based on various regulations, namely Law Number 8 of 1981 concerning the Criminal Procedure Code, Law No. 3 of 2009 concerning the Supreme Court, Law no. 48 of 2009 concerning Judicial Power, Circular Letter of the Supreme Court of the Republic of Indonesia No. 7 of 2014 concerning Review of Criminal Cases and Submission of Reconsiderations at this time refers to the provisions of the Circular Letter of the Supreme Court of the Republic of Indonesia No. 7 of 2014 concerning Reconsideration in Criminal Cases.

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
Jurnal Preferensi Hukum Vol. 1 No. 2 (2020): Jurnal Preferensi Hukum
Publisher : Warmadewa Press

The duties, authorities, functions and criminal acts of money laundering in Indonesia are regulated in Law No. 8 of 2010 concerning the Prevention and Eradication of Criminal Acts of Money laundering. This study examines two issues: the role of the PPATK agency in combating money laundering after the enactment of Law No. 8 of 2010 concerning the Prevention and Eradication of Money laundering and criminal sanctions against perpetrators of criminal acts of money laundering in Indonesia. This research uses normative legal method, a process of finding legal rules, legal principles, and legal doctrines in order to answer the legal issues under study from the perspective of statutory regulations. PPATK is an independent agency that has 3 main roles in the prevention and eradication of money laundering, namely: receiving reports on suspicious financial transactions, analysing the reports received from reporting parties, and forwarding the results of report analysis to the authorised party. Article 2 paragraph 1 jo Article 18 of Law Number 31 of 1999 concerning Criminal Acts of Corruption as amended into Law Number 31 of 2001 concerning the Amendment to Law Number 31 of 1999 jo Article 55 paragraph 1 of the Criminal Code. Subsidiarily Article 3 jo Article 18 Law Number 31 of 1999 concerning Eradication of Corruption Crime as amended to Law Number 20 of 2001 concerning the Amendment to Law Number 31 of 1999 jo Article 55 paragraph 1 of the Criminal Code. Secondly, Article 3 paragraph (1) letter g of Law Number 25 of 2003 concerning the Amendment to Law Number 15 of 2002 concerning the Criminal Acts of Money laundering jo Article 55 paragraph (1) of the Criminal Code.

Peran Pendamping (Paralegal) dalam Memberikan Perlindungan Hukum Bagi Perempuan Korban Kekerasan dalam Rumah Tangga Cokorda lstri Dharmasatyari; I Nyoman Gede Sugiartha; Ni Made Sukaryati Karma
Jurnal Preferensi Hukum Vol. 2 No. 2 (2021): Jurnal Preferensi Hukum
Publisher : Warmadewa Press

This study aims to analyze the role of paralegals in The Indonesian Women's Alliance for Justice Legal Aid Institute and reveal the obstacles faced in solving problems in the sphere of women and also clearly study the role of mentoring for women who are victims of domestic violence. This study used empirical legal research with a statutory legal approach. Sources of data were primary and secondary legal materials obtained through interviews and assisted by literature studies from various literature. The results showed that the role of the paralegal was very important starting from the victim submitted a complaint and reported her complaint to LBH APIK, the paralegal gave considerations regarding the legal process that would be passed until the trial was carried out, and the legal process was completed. This assistance was intended to provide and increase feelings of security, comfort, and peace mentally and physically when the victim has this problem, and so that the victim did not get confused as well when the legal process took place. The obstacle to the lack of members made the existence of paralegals in each region ineffective.

Pertanggungjawaban Pidana terhadap Pelaku Penghinaan Partai Politik I Komang Giri Maharta; I Gusti Bagu Suryawan; Ni Made Sukaryati Karma
Jurnal Preferensi Hukum Vol. 2 No. 2 (2021): Jurnal Preferensi Hukum
Publisher : Warmadewa Press

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Insult to political parties in Indonesia can cause serious problems if not dealt with legally. self-interest and bad political practice will provoke humiliation for party political opponents. Every political party must be a legal entity so that it is not easy to overthrow one of the political parties. This study examines the punishment arrangements for insulting political parties and analyzes the criminal responsibility associated with insulting political parties. This study was designed using normative research with an approach to statutory problems related to insulting acts against political parties. Sources of legal materials were primary and secondary data obtained through recording and documentation techniques. The results showed that the regulation of humiliation of political parties is made in order to achieve a sense of security and can protect those who are the object of humiliation. Insult can be said to be a criminal act because it violates the law that can be done intentionally or unintentionally. There must be accountability for these acts based on applicable law and declared as an act that is punishable by imprisonment or a fine as stipulated in Article of the Criminal Code. 207.

Perlindungan Hukum Terhadap Pengguna Jasa Telekomunikasi dalam Pelanggaran Data Pribadi Melalui sms Broadcast Aziz Muhaimin; Ni Made Jaya Senastri; Ni Made Sukaryati Karma
Jurnal Preferensi Hukum Vol. 2 No. 2 (2021): Jurnal Preferensi Hukum
Publisher : Warmadewa Press

11 the progress of the modern era today where the development of internet technology,SMS and social media becomethe main thing in every need of society in socializing and conductingpromotionsat an affordablecost andfast in reaching consumers,so that indirectlythe exchange ofpersonaldata informationthat is not known by service users who are often misused by irresponsiblepeople. Which in practiceis to use SMSBroadcast which is one method of sending messagesto many numbers from one source with the same message with one number to another consumer number. From the statement, there are 2 problems, namely How to set the law of telecommunicationservice users in the field of advertising and How to protectthe lawfor consumers with the existence ofpersonaldata breaches through SMS Broadcast.The method to be used is a method of normative legal research. The conclusion outlines that Article I of the Consumer Protection Law Serves as the legal basis for the protection of telecommunication service users, while in Article 26 of the /TE Law is used as the legal basis for the use of personal data, which in this case is SMS Broadcast

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

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