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All Journal Sociological Jurisprudence Journal KERTHA WICAKSANA Budapest International Research and Critics Institute-Journal (BIRCI-Journal): Humanities and Social Sciences Keadilan Jurnal Konstruksi Hukum Jurnal Interpretasi Hukum Jurnal Preferensi Hukum (JPH) Law Doctoral Community Service Journal Eduvest - Journal of Universal Studies Community Services Journal (CSJ) Al-Zayn: Jurnal Ilmu Sosial & Hukum Indonesian Journal of Law and Justice Keadilan Jurnal Analogi Hukum Community Service Journal of Law
Karma, Ni Made Sukaryati
Universitas Warmadewa
Religion Aerospace Engineering Arts Humanities Computer Science & IT Economics, Econometrics & Finance Education Environmental Science Health Professions Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Neuroscience Social Sciences Other

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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

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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

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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

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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

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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

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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

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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.
Sanksi Pidana Terhadap Pembuat Stiker Whatsapp yang Menyerang Personal Seseorang Gede Oka Swarbhawa; Anak Agung Sagung Laksmi Dewi; Ni Made Sukaryati Karma
Jurnal Preferensi Hukum Vol. 3 No. 1 (2022): Jurnal Preferensi Hukum
Publisher : Warmadewa Press

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The internet is something that is very much needed by the community, which has a positive and negative impact on its users. The negative impact that can be felt now is the rise of crime on social media such as insults. Insults through WhatsApp communication media generally attack a person's good name or honor which is carried out through sticker media. The purposes of this study are to reveal the legal arrangements against WhatsApp sticker makers who attack someone's personal and criminal sanctions against WhatsApp sticker makers who attack someone's personal. This type of research is normative legal research with a case and legislation approach. The data collection technique was carried out using library techniques by collecting primary and secondary sources of legal material. After the data is collected, then the data is analyzed qualitatively and presented in descriptive form. The results of the study reveal that the government provides legal arrangements for WhatsApp sticker makers who attack someone's personal, where the government has regulated and provided protection against insults in electronic media, especially WhatsApp communication media, namely in articles 310 and 315 of the Criminal Code and in Law Number 11 of 2008 regarding Electronic Transaction Information. Criminal sanctions against WhatsApp sticker makers who attack a person's personality are regulated in Article 45 paragraph (1) which is punishable by a maximum imprisonment of 6 (six) years and/or a maximum fine of Rp. 1.000.000.000,00 (one billion rupiah).
Penegakan Hukum Terhadap Peredaran Rokok Tanpa Cukai di Indonesia Nyoman Dita Ary Putri; I Nyoman Gede Sugiartha; Ni Made Sukaryati Karma
Jurnal Preferensi Hukum Vol. 3 No. 1 (2022): Jurnal Preferensi Hukum
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Indonesia as a developing country, one of whose income is through Customs and Excise levies, the responsibility of which will be borne by the apparatus of the Directorate General of Customs and Excise, such as cigarettes. However, there are still many cigarette factories or entrepreneurs who commit violations in the form of distributing cigarettes without excise in Indonesia. The purposes of this study are to analyze the legal regulation of the circulation of excise-free cigarettes in Indonesia and law enforcement efforts against the distribution of excise-free cigarettes in Indonesia. This research method is a normative legal research method with a conceptual approach. The technique of collecting legal materials used in this research is by recording in the documentation. Sources of legal materials used in the form of primary, secondary, and tertiary legal sources. After the data was collected, then analyzed systematically, the results of the study revealed that the circulation of cigarettes without excise in Indonesia is regulated in Article 4 which states that cigarettes are excisable goods because they are processed tobacco products and Article 29 of Law Number 39 of 2007 which states that goods are subject to excise. must be attached with excise stamps or affixed with other signs of payment of excise duty to be offered, delivered, sold, or made available for sale. Law enforcement efforts against excise-free cigarettes in Indonesia include preventive (prevention) and repressive (enforcement) law enforcement efforts. Law enforcement against the distribution of cigarettes without excise may be subject to criminal penalties in the form of imprisonment and fines which are cumulative (combined) criminal penalties.
Peranan Badan Narkotika Nasional dalam Menanggulangi Tindak Pidana Liquid Vape yang Mengandung Narkotika Yoga Wira Pranata; I Nyoman Putu Budiartha; Ni Made Sukaryati Karma
Jurnal Preferensi Hukum Vol. 3 No. 1 (2022): Jurnal Preferensi Hukum
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The circulation of electronic cigarettes or vapes has now developed quite rapidly, liquid vapes are liquids that are the main ingredients of vapes with different flavors, aromas and nicotine levels. There are many ways to make liquid that narcotics dealers can do by mixing synthetic marijuana and liquid liquid which actually includes a new type of synthetic narcotic. The purpose of this study is to examine methods of preventing and overcoming the circulation of vape liquid containing Narcotics by the National Narcotics Agency and to examine the obstacles of the National Narcotics Agency in preventing and overcoming the sale and purchase of liquid containing Narcotics. This study uses empirical legal research with a conceptual and sociological approach. The legal materials used are primary and secondary data. To obtain valid data, the researchers used the method of observation and interview, then the data were analyzed qualitatively descriptively. The results showed that the prevention method by providing counseling, checking every three months at vape shops and community groups who use vaping in Denpasar City, regarding this obstacle lies in the difficulty of finding suspects because the cell system is disconnected in the Narcotics network between sellers, Narcotics dealers who do not know each other. Regarding the conclusions above, the researcher suggests that the Denpasar City National Narcotics Agency should do prevention through early education regarding the dangers of this type of liquid Narcotics so that it does not spread among students or adolescents.
Perlindungan Hukum Terhadap Korban Glorifikasi dari Pelaku Tindak Pidana Pencabulan Tjok Istri Agung Mellynia Putri Saraswati; I Made Minggu Widyantara; Ni Made Sukaryati Karma
Jurnal Preferensi Hukum Vol. 3 No. 1 (2022): Jurnal Preferensi Hukum
Publisher : Warmadewa Press

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Today, children are often victims of sexual abuse. Child molestation is a very disgraceful treatment that damages the future of the child, both physically and psychologically. One of the examples of cases of child abuse is the case that was committed by SJ. After being released from prison, SJ received a lot of applause in the public. The glorification of the SJ case can be seen as normalizing perpetrators of sexual abuse in the public. The purpose of this research is to examine the legal arrangements for the glorification of perpetrators of criminal acts of obscenity and to reveal protection for victims who have experienced crimes of sexual abuse. The type of research used is normative legal research with a statutory approach. Sources of legal materials are primary and secondary legal materials. To get valid data, the researcher used library research techniques, namely taking notes, summarizing, and giving reviews. The results of the study revealed that the regulation of perpetrators of criminal acts of obscenity is regulated in Article 289 of the Criminal Code and for the glorification of perpetrators of criminal acts of obscenity has not been specifically regulated. Protection of victims who have experienced criminal acts of obscenity is regulated in Articles 6, 7 and 7A of Law no. 31 of 2014 concerning Amendments to Law Number 13 of 2006 concerning Protection of Witnesses and Victims. ban Glorifikasi Dari Pelaku Tindak Pidana Pencabulan
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