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Pelaksanaan Pemberian Pembebasan Bersyarat (Pb) pada Warga Binaan di Rumah Tahanan Negara Kelas II b Gianyar pada Masa Pandemi Covid 19 I Made Irvan Ariansyah Putra; Anak Agung Sagung Laksmi Dewi; Ni Made Sukaryati Karma
Jurnal Preferensi Hukum Vol. 2 No. 2 (2021): Jurnal Preferensi Hukum
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (119.256 KB) | DOI: 10.22225/jph.2.2.3319.260-264

Abstract

Indonesia is a country of law, therefore the imposition of sanctions in the form of detention is a way to provide a deterrent effect on the actions committed, namely by providing guidance, granting the right to parole is a form of guidance aimed at enabling prisoners to interact healthily with the community. The purpose of this research is to analyze the legal arrangements regarding the system of guiding prisoners through efforts to grant parole rights at the Gianyar Class II B State Prison and the obstacles in the implementation of the provision of parole in the Gianyar Class II B State Prison during the Covid-19Pandemic. The method used is empirical with legal data sources in the form of secondary and primary with data collection techniques, namely through interviews, after the data is systematically compiled and linked from one data to another then will be explained clearly and in detail. The result of the research reveals that the Regulation of the Minister of Law and Human Rights Number 3 of 2018 concerning the terms and procedures for granting parole which is used as a legal basis, but in its implementation there are several obstacles including prisoners who violate disciplinary rules and the public is worried about being exposed to Covid-19from prisoners.
Intervensi dalam Pemeriksaan Sengketa Tata Usaha Negara Mario Viano Rasi Wangge; Anak Agung Sagung Laksmi Dewi; Ni Made Sukaryati Karma
Jurnal Preferensi Hukum Vol. 2 No. 2 (2021): Jurnal Preferensi Hukum
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (188.083 KB) | DOI: 10.22225/jph.2.2.3325.300-305

Abstract

Judicial power is done by a Supreme Court and judicial bodies under it, including the State administrative court with two subjects or parties who are litigating in the PTUN, namely the defendant and the plaintiff. The purpose of this study is to reveal the system for examining interventions in state administration as well as arrangements for interventions in state administrative disputes. the type of research used is normative law with a statute approach. The source of data used is the secondary data. The technique of collecting legal materials used is by reading and quoting by analyzing the relevant laws and then the collection and collection of the literature materials are processed qualitatively. The result shows that there are several possible motivations for the entry of third parties in the judicial process, namely on their own initiative, at the request of the judge, and at the request of one of the parties (the presecutor/defendant) and the state administrative court regulate the entry method and motivation for the intervention of the party to enter the examination process. State Administrative Disputes.
Hukuman Mati terhadap Narapidana Terorisme dalam Perlindungan Hak Asasi Manusia I Putu Gde Iwan Putra Darmayatna; I Made Sepud; Ni Made Sukaryati Karma
Jurnal Preferensi Hukum Vol. 2 No. 2 (2021): Jurnal Preferensi Hukum
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (186.268 KB) | DOI: 10.22225/jph.2.2.3352.423-428

Abstract

Indonesia the death penalty has always been a matter of arguments because isn't based 011 the 1945 Constitution, the death penalty is in highest legal caste as the toughest punishment in the world. In this research, there are two problem formulations, namely how to regulate the death penalty against terrorism in relation to the protection of human rights and how to take legal measures against terrorism convicts to obtain legal relief. This research used the type of normative research, the techniques in the data collection are based on literature study. The results of this research indicate a conflict between the regulation of the death penalty and human rights. The regulation of the death penalty against terrorism in the relation to the protection of human rights has resulted in the emergence of various opinions and debates where the death penalty is considered to violate human rights and some consider this punishment to be applied. The effort by terrorism to obtain Juggleries a legal policy that has a basic idea i11 protecting human rights. Legal efforts to file an appeal, cassation, review to filing clemency request forgiveness from the President of the prisoners to reduce the law.
Tinjauan Yuridis Terhadap Tindak Pidana Pemerkosaan yang Menyebabkan Kematian (Studi) Kasus Pengadilan Negeri Kendal Pande Komang Satya Parama Hamsa; I Nyoman Gede Sugiartha; Ni Made Sukaryati Karma
Jurnal Preferensi Hukum Vol. 2 No. 3 (2021): Jurnal Preferensi Hukum
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (194.472 KB) | DOI: 10.22225/jph.2.3.3983.472-477

Abstract

Rape is a serious crime because it harms the victim, disturbs the future, and causes a very bad influence on the victim, even death. The purpose of this study is to reveal the criminal sanctions against the crime of rape that causes death and the judge's considerations in deciding the crime of rape that causes death. The method used in this research is normative research with a case and legislation approach. Sources of legal materials used in the form of secondary and primary legal sources which are then analyzed descriptively. The results of the study revealed that the perpetrator violated the provisions of Article 285 , 288 paragraph (3), 359, 291 paragraph (2) of the Criminal Code, Article 76D and 81 paragraph (1) of Law Number 35 of 2014 on amendments to the Law. Number 23 of 2002 concerning Child Protection, and violates the provisions of Article 71 of Law no. 11 of 2012 concerning the Juvenile Criminal Justice System. The judge sentenced the defendant to 4 years in prison.
Kekuatan Alat Bukti Keterangan Saksi yang Memiliki Hubungan Darah dengan Terdakwa dalam Tindak Pidana Pencurian dalam Keluarga I Gede Agus Sudiantara; Anak Agung Sagung Laksmi Dewi; Ni Made Sukaryati Karma
Jurnal Preferensi Hukum Vol. 2 No. 3 (2021): Jurnal Preferensi Hukum
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (184.758 KB) | DOI: 10.22225/jph.2.3.3987.485-490

Abstract

The strength of evidence from witnesses who have family ties to the defendant in the crime of theft in the family, the process of examining witnesses is the main evidence in a crime. The purpose of this study is to reveal the strength of the evidence of witnesses who have blood relations with the defendant in the evidentiary process and barriers to proof by using evidence of witnesses who have blood relations with the defendant in the crime of theft in the family. The research method used is normative legal research. Sources of primary and secondary legal materials. Legal materials that have been obtained from the literature study and the approach to legislation were analyzed using a systematic interpretation technique. The results of the study reveal that witness testimony is very necessary in the trial in order to provide appropriate sanctions for the defendant. The barrier to proof from witness statements who have family relationships and ties is if the minimum principle of proof cannot be proven. It can be concluded that the strength of the testimony of a witness who does not take an oath, cannot be considered as evidence, but only information that is considered by the judge.
Tindak Pidana Pembunuhan oleh Ibu Terhadap Anak Kandung (Studi Putusan No. 80/Pid.Sus/2018/PN Gianyar) Ida Ayu Made Wahyuni Dewi; I Nyoman Gede Sugiartha; Ni Made Sukaryati Karma
Jurnal Preferensi Hukum Vol. 3 No. 1 (2022): Jurnal Preferensi Hukum
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (159.79 KB) | DOI: 10.22225/jph.3.1.4619.22-25

Abstract

The crime of murder is an act against the law that has the aim of taking a person's life, children can also become victims. This study aims to examine the regulation of the crime of murder by a mother against her biological child in Decision No. 80/Pid.Sus/2018/PN Gin and examine the judge's considerations in making a decision against the perpetrator of the crime of murder by the mother of her biological child in decision No. 80/Pid.Sus/2018/PN Gin. This research is designed with a normative research approach to legislation and a case approach. The data sources used are primary and secondary legal data obtained from several related sources using field observation and documentation techniques, then the data is processed and analyzed qualitatively descriptively. The results show that the regulation of the crime of murder by a mother against her child is regulated in Article 80 paragraph (3), (4) of Law No. 35 of 2014 Amendment to Law No. 23 of 2002 on Child Protection regarding violence against children that causes death. The judge's consideration in making the decision No. 80/Pid.Sus/2018/PN Gin, the judge considered the legal facts obtained from the defendant, witnesses and evidence.
Pertanggungjawaban Tindak Pidana Pencurian yang Dilakukan oleh Seorang Kleptomania Komang Sutriani; Ida Ayu Putu Widiati; Ni Made Sukaryati Karma
Jurnal Preferensi Hukum Vol. 3 No. 1 (2022): Jurnal Preferensi Hukum
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (164.65 KB) | DOI: 10.22225/jph.3.1.4626.68-72

Abstract

Kleptomania is a condition in which an individual has control problems within himself to take. The mindset here is not only crazy people who are annoyed with reason and mind but also various psychological diseases. There are several cases of frequent thefts caused by kleptomaniac sufferers and in this case a research objectives are formulated, namely regulating the crime of theft committed by a kleptomaniac and criminal liability for the crime of theft committed by a kleptomaniac. This research is a normative legal research with a case and legislation approach. The technique of collecting legal materials that the author uses in this research is a literature study. Sources of legal materials used are primary and secondary legal sources. The legal material analysis technique used is descriptive technique. The findings of this study reveal that cases like this have been regulated in Article 44 paragraph (1) of the Criminal Code. The results from the assessment of the perpetrator at a specialist doctor can be used as legal evidence, to be considered by the judge in determining whether the perpetrator is then placed in a mental health polyclinic or not. in recovery.
Pelaksanaan Perlindungan Terhadap Pekerja Anak Pada Usaha Asongan di Pasar Senggol Tabanan Ni Luh Putu Yosi Pratiwi; Anak Agung Sagung Laksmi Dewi; Ni Made Sukaryati Karma
Jurnal Preferensi Hukum Vol. 3 No. 1 (2022): Jurnal Preferensi Hukum
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (169.357 KB) | DOI: 10.22225/jph.3.1.4659.84-89

Abstract

Legal protection for children carried out in the Sengol market is based on the presence of children who work to meet the economic needs of the family which is quite difficult or because of other factors. A legal protection is the right for everyone, including children who have done work due to certain factors. However, at present the protection of child labor does not receive effective attention. Based on these problems, the purposes of this study are to reveal the implementation of legal protection for child labor in the hawker business in the Senggol Tabanan market and the inhibiting factors for the implementation of the legal protection for child labor in the hawker business in the Senggol Tabanan market. This research method is an empirical legal research with a case and legislation approach. Data collection techniques were carried out by observation and library techniques. The data sources used are primary and secondary legal sources which are then analyzed qualitatively and then the data is presented descriptively and systematically. The findings reveal that the legal protection intended for child labor in the Senggol Tabanan market is not effective in its implementation due to economic factors that are the reason the child has to work, as well as weak coordination and poor cooperation between related parties such as entrepreneurs, people parents, society, government, as well as internal factors that hinder the legal protection of child labor originating from child labor itself and external factors originating from structural, substance, and cultural factors.
Pertanggungjawaban Pidana Kekerasan dengan Memaksa Orang untuk Melakukan Perbuatan Pencabulan Ni Kadek Widya Widiani; I Made Minggu Widyantara; Ni Made Sukaryati Karma
Jurnal Preferensi Hukum Vol. 3 No. 1 (2022): Jurnal Preferensi Hukum
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (211.387 KB) | DOI: 10.22225/jph.3.1.4661.97-102

Abstract

Crime cases against crimes of harassment are always present in human life and attract the attention of the Sgeneral public. Crimes that are not dignified and violate the rules of norms are often used as topics in the mass media that make people worry about these cases, so that legal protection is needed for the community, especially victims related to cases of sexual harassment. The purposes of this study are to examine the regulation of criminal acts of violence by forcing people to commit acts of obscenity and criminal sanctions of violence by forcing people to commit acts of obscenity. This research is a normative legal research with a case and legislation approach. Data collection techniques were carried out by researching library materials. Legal sources are primary and secondary legal sources which are then analyzed systematically. The results of the study reveal that the regulation of criminal acts of violence by forcing people to commit acts of obscenity and criminal sanctions of violence by forcing people to commit acts of obscenity are regulated in Articles 289 to 296 of the Criminal Code.
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 Preferensi Hukum Vol. 3 No. 1 (2022): Jurnal Preferensi Hukum
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (226.949 KB) | DOI: 10.22225/jph.3.1.4665.120-125

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. One of the problems in the application of the law that often occurs in events in the community environment is the crime of criminal cases, namely forgery of letters so that there is a criminal act of counterfeiting letters which is formed to provide legal protection. together or participation. The purposes of this study are to analyze the form of criminal sanctions jointly in committing the crime of forgery of letters and the legal considerations given by the panel of judges in imposing punishment on the perpetrators of the crime of forging letters which are carried out together. This research method uses a normative legal method with a statutory approach and a conceptual approach. The data collection technique was carried out using library techniques. The sources of law used are primary and secondary sources of law. The data analysis technique was carried out qualitatively. The findings show that the joint form of 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. Then in Article 55 paragraph (1) 1 of the Criminal Code regarding participation.
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