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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

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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

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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

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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

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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

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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
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

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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

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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

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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

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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.
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