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All Journal Jurnal Konstruksi Hukum Jurnal Preferensi Hukum (JPH)

I Ketut Sukadana

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Author-ID : 1728605

Law, Crime, Criminology & Criminal Justice Social Sciences

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Pelaksanaan Peraturan Bupati Badung Nomor 38 Tahun 2018 Dalam Pemberian Bantuan Perlindungan Sosial Bagi Para Lanjut Usia Di Kabupaten Badung Dhiananda Ningrat; I Ketut Sukadana; Desak Gede Dwi Arini
Jurnal Konstruksi Hukum Vol. 1 No. 1 (2020): Jurnal Konstruksi Hukum
Publisher : Warmadewa Press

In order to realize a decent and beneficial life, and fulfill the rights to the basic needs of society in order to achieve social welfare for the elderly of the Badung Regency Government through the social Service provides social protection assistance to the elderly in Badung regency which is carried out in a directional, planned and sustainable. Distribution of social compensation to the elderly with the issuance of the rule of Badung Regent Number 38 year 2018 about social protection assistance Elderly. Compensation for elderly people of Badung regency at the launching of the PEAK of the anniversary Mangupura to 9 which fell on November 16, 2018. The issue of problems used in this research is:(1) How to exercise in the provision of social protection for elderly in Badung Regency;(2)what is the inhibitory factor in the provision of elderly social protection assistance in Badung regency. This study was conducted using empiricallegal research. Data and data sources of This research is a primer that is through field research and secondary material writing experts and the results of scientists are then processed and analyzed descriptively to get a conclusion. Based on the results of the study, it can be concluded that the implementation of the continued assistance of age aims to provide social assistance for the elderly in the Badung Regency, that the barriers faced by social services in the distribution of social assistance due to not synchronicity the data in the village/Kelurahan with data existing in the social service of Badung Regency. The advice given by the author is expected to have the ation between the logging conducted by the village apparatus/Kelurahan related to the number of elderly who have each region so that the social allowances can be shared evenly and precisely the target so that the aid is delivered appropriately.

Penyelesaian Tindak Pidana Penindasan yang Dilakukan oleh Anak melalui Mediasi Penal Nyoman Ardana; Simon Nahak; I Ketut Sukadana
Jurnal Preferensi Hukum Vol. 2 No. 1 (2021): Jurnal Preferensi Hukum
Publisher : Warmadewa Press

In handling the settlement of criminal acts carried out by a child in terms of oppression must use a justice approach. Then the formulation of the problem in this study is (1) how the legal settlement of the child victims of criminal acts of oppression, (2) how to settle the crime of oppression through reasoning mediation based on the child criminal justice system law. In this study are using normative legal methods, with a legal approach and conceptual approach. From this research, oppression is a matter of using violence, threats, or coercion to abuse or intimidate others both physically and non-physically. Discusses the settlement of criminal acts of oppression through reasoning mediation based on the child criminal justice system law on children who commit criminal acts of oppression can be subject to punishment in the form of witness prosecution and actions in accordance with article 71 and 82 of Law Number 11 of 2012 concerning Child Criminal Justice System . In the settlement of criminal acts of oppression through reasoning mediation which is a type of justice such as various teachings of justice (attributive reasoning, distributive reasoning, social reasoning), has the concept of punishment that finds a way to enforce a more just and balanced system of punishment and can be carried out at prosecution and court proceedings with consideration of legal certainty, the benefit of law and legal justice for the victims and the perpetrators of the persecution.

Perkawinan yang Tidak Dicatatkan dalam Masyarakat Hindu di Bali Pande Putu Gita Yani; I Ketut Sukadana; Luh Putu Suryani
Jurnal Preferensi Hukum Vol. 2 No. 1 (2021): Jurnal Preferensi Hukum
Publisher : Warmadewa Press

According to Article 2 of Law Number 1 of 1974 concerning Marriage, that marriage is considered valid if carried out according to religion and belief, and registered with civil registration. The divorce process is not stated in the Hindu community in Bali and due to marriage which is not recorded in the Hindu community in Bali. The research method uses a type of normative research, legal research that examines written law and divided aspects. Over time, problems often arise as a result of disharmony in domestic life. As a divorce arises, divorce is the end of a marriage. In Law No. 1 of 1974 the termination of marital ties can be caused by death, divorce, and court decisions. In the trial the divorce case does not have a marriage certificate so it can be replaced with a statement from the village.

Perlindungan Hukum bagi Penyandang Disabilitas dalam Angkutan Udara Priscila; Ni Luh Made Mahendrawati; I Ketut Sukadana
Jurnal Preferensi Hukum Vol. 2 No. 1 (2021): Jurnal Preferensi Hukum
Publisher : Warmadewa Press

Transportation is currently divided into three types, namely land transportation, sea transportation and air transportation. Nowadays, many people prefer to use air transportation since air transportation can travel long distances in a relatively shorter time. However, it is not infrequently for airlines to cause losses to consumers, especially to people with disabilities. Where as fact people with disabilities should get special treatment. Therefore, these problems can be examined as follows: 1) how is the legal protection for people with disabilities in the positive law in Indonesia? 2) What is the regulation of the rights of consumers with disabilities as airplane passengers? This presentation used normative research methods to find whether there are legal rules according to legal norms or not, whether there are norms in the form of orders or prohibitions in accordance with legal principles or not and whether one’s actions are in accordance with legal norms or not by using a legal and conceptual approach. This research required a source of secondary legal material as the main legal material. People with disabilities have the right to receive special services and facilities while at an airport or aircraft. The government has made legislation as a form of legal protection for people with disabilities. Nevertheless, the government must be more assertive in order to avoid discrimination against people with disabilities. Furthermore, it is not only the government that must provide legal protection for people with disabilities but also the community. The community must change the mindset about people with disabilities who are considered unable to do anything, and they must help people with disabilities to get equal treatment before the law.

Pembunuhan Anak oleh Ibu Kandung yang di Bawah Umur Putu Ayu Devi Laxsmi; I Ketut Sukadana; I Nyoman Sujana
Jurnal Preferensi Hukum Vol. 2 No. 1 (2021): Jurnal Preferensi Hukum
Publisher : Warmadewa Press

A phenomenon of the occurrence of criminal acts committed by children with various and various cases and characteristics that have not been able to account for their actions legally, which in Law Number 11 of 2012 concerning the Juvenile Justice System, is intended to provide protection and protection for children in to welcome his long-term future, but besides children as victims of criminal acts, it is possible for children to be criminals. Therefore, how is the judge's judgment in imposing a criminal sentence on a child who commits a criminal act of murder in Decision Number: 18/Pid.Sus.Anak/2016/PN. Dps? And what is the criminal sanction imposed by the judge on the perpetrator of the crime of murder the Number: 18 /Pid.Sus.Anak/2016/PN. Dps. In this study the author uses the Normative research method through his study of literature studies, while the problem approach in this study uses a legislative approach that analyzes legislation and uses a conceptual approach that analyzes problems with legal concepts from books and literature and approaches the case. The results of this study are Judges in considering criminal cases Number: 18/Pid.Sus.Anak /2016/PN. DPS, which is carried out by children because the perpetrators of criminal offenses are still underage, and have never committed an unlawful act before and promised not to repeat other violations of law. And Based on the case of killing a child as referred to in case Number: 18/Pid.Sus.Anak/2016 /PN. DPS, the coercion of criminal sanctions is not applied, but the implementation of Diversion lead on number 11 of 2012 concerning juvenile justyce sistem and in paragraph (2) letters a and b must be sought for Diversion, with terms and conditions Parents are willing to maintain, guide and supervise their children so that they will not repeat their actions.

Co-Authors Desak Gede Dwi Arini Dhiananda Ningrat I Nyoman Sujana Ni Luh Made Mahendrawati Nyoman Ardana Pande Putu Gita Yani Priscila Putu Ayu Devi Laxsmi Putu Suryani . Simon Nahak

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