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All Journal Budapest International Research and Critics Institute-Journal (BIRCI-Journal): Humanities and Social Sciences Journal Equity of Law and Governance Jurnal Preferensi Hukum (JPH) Yuris: Journal of Court and Justice Jurnal Analogi Hukum
Sugiartha, I Nyoman Gede
Unknown Affiliation
Religion Arts Humanities Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice Social Sciences

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Kedudukan Hukum Anak Astra pada Hukum Waris Adat Bali Setelah Orang Tua Biologisnya Kawin Sah Suarnegara, I Putu Agus; Sugiartha, I Nyoman Gede; Dewi, Anak Agung Sagung Laksmi
Jurnal Analogi Hukum 98-102
Publisher : Fakultas Hukum Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/ah.4.1.2022.98-102

Abstract

The position of legitimate children and Astra children (children out of wedlock) have different inheritance rights and relationships with the biological father's family. Legal children in general are the status of children born to parents who are legally married. While illegitimate children are children born outside of marriage. Astra's children (children out of wedlock) in the Marriage Law Article 43 paragraph (1) U explains that children born out of wedlock only have a civil relationship with their mother or their mother's family. Thus, an illegitimate child only has a relationship with his mother and his mother's family as well as in terms of inheritance, which means the child has no legal relationship with his father, as well as in terms of inheritance. However, if the parents carry out legal acts of acknowledging and ratifying the child, the child out of wedlock who is recognized has the same position as the legal child. Legitimate children can also replace the position of heirs and can inherit from both parents.
Pengaturan Hukum Pidana Pelaku Penggelapan Jual Beli Online Putra, I Gusti Ngurah Agung Bagus Bima; Sugiartha, I Nyoman Gede; Dewi, Anak Agung Sagung Laksmi
Jurnal Analogi Hukum 103-108
Publisher : Fakultas Hukum Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/ah.4.1.2022.103-108

Abstract

Today in the world of electronic transactions many are found deviant actions, and not based on existing legal norms, most of which occur in online buying and selling systems. Buying and selling is online buying and selling sometimes based only on trust which means the buying and selling actor is sometimes unclear, therefore many prefer COD or Cash On Delivery and or payment at the place of delivery of goods. Be careful in making payments via transfer, first research the reputation of the seller who offers goods in accordance with the posted, check the existence of the seller's offline store or the seller's business license. There is also a problem formulation (1) How is the legal arrangement regarding the actions that have been done by business actors against consumers on online buying and selling sites? (2) What criminal sanctions are imposed on perpetrators of embezzlement crimes on online buying and selling sites? This research uses normative methods because there are still vague norms, based on the opinion of legal experts. If a person has fulfilled all the elements of the crime of embezzlement, then he can be called a perpetrator.
Sanksi Pidana Terhadap Pelaku yang Melarikan Diri dari Karantina Kesehatan Rusmantara, I Made Anandha Ida; Sugiartha, I Nyoman Gede; Mulyawati, Kade Richa
Jurnal Analogi Hukum 114-118
Publisher : Fakultas Hukum Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/ah.4.2.2022.114-118

Abstract

Coronavirus Disease 2019 or COVID-19 is a pandemic threat that has been legally established by the World Health Organization (WHO) because it has an impact on the survival of the population. So that the Government of Indonesia issued legal regulations as an effort to overcome one of their health quarantines but still not obeyed by the public in connection with this, how is the legal arrangement on health quarantine? And what are the legal sanctions against someone who is fleeing health quarantine? This research uses normative research methods. The basis of the Health Protection and Quarantine Law in the 1945 Constitution stipulates that a prosperous life is born and inner, living, and getting a good and healthy living environment and entitled to health services is a community right. Those who violate the legal regulations that have been imposed in this pandemic situation get verbal reprimands, written reprimands, and administrative sanctions.
Peranan Jaksa Agung Muda Bagian Pidana Militer dalam Penanganan Perkara Koneksitas Prabandari , Putu Nadya; Sugiartha, I Nyoman Gede; Widyantara, I Made Minggu
Jurnal Analogi Hukum 182-186
Publisher : Fakultas Hukum Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/ah.4.2.2022.182-186

Abstract

Connection criminal in Indonesia is still in orditur condition with prosecutors there has been no technical coordination on handling cases that have the involvement of legal subjects civil with military. The Young Attorney General of the Military Criminal Section was formed handle the connection case. The establishment Section is based on the presidential regulation of the Republic of Indonesia on the organization and work procedures of the Prosecutor's Office which is followed up with regulation of the Prosecutor's Office. Using normative empirical methods with a combining approach between juridical and sociological elements. Reviewing the arrangement of the young attorney general of the military criminal department in handling connection cases and the implementation of handling connection cases at the prosecution stage. Handling of connection crimes can only be tried as a connection case if there is a decision from the Minister of Defense and has been approved by the Minister of Justice. Law enforcement, especially the young attorney general of the military criminal department should establish a connection team in the area to speed up handling connection cases.
Pemberlakuan Sanksi Terhadap Pelaku Penjual Obat Terapi Covid-19 diatas Harga Eceran Tertinggi (HET) Ananda, Putu Pebri Theresia; Sugiartha, I Nyoman Gede; Sudibya, Diah Gayatri
Jurnal Analogi Hukum 156-161
Publisher : Fakultas Hukum Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/ah.4.2.2022.156-161

Abstract

The spread Covid-19 in Indonesia has circulated a lot about how to recover quickly if affected by the Covid-19 therapeutic drugs Covid-19, because many people who buy these drugs have made sellers selling above HRP appear which are detrimental to consumers. HRP has been regulated in Indonesia so that no rogue sellers sell goods above a predetermined price so that they do not harm consumers and are subject to sanctions if there are perpetrators who sell Covid-19 above HRP. This thesis discusses the regulation of drug HRP based on the decision of the Minister of Health and the imposition of sanctions on perpetrators of selling Covid-19 above HRP. This research uses normative legal research with a statutory approach. The results of this study indicate that the regulation of drug HRP is based on the Decree of the Minister of Health concerning the price of drug and the imposition of sanctions on perpetrators of selling Covid-19 above HRP in accordance with the provisions Article 62 paragraph (1) UUPK, Law no. 36 of 2009 concerning Health, and Article 7 paragraph (1) of the Minister of Trade Regulation no. 57 of 2017.
Sanksi Tindak Pidana Terhadap Pelaku Pencemaran Nama Baik Terhadap Ikatan Dokter Indonesia Putri, Ni Putu Yuni Suantika; Sugiartha, I Nyoman Gede; Dewi, Anak Agung Sagung Laksmi
Jurnal Analogi Hukum 215-219
Publisher : Fakultas Hukum Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/ah.4.2.2022.215-219

Abstract

Indonesia is a country consisting of sharing tribes, races, and cultures where each community has their own thoughts and understanding to live their lives. In carrying out his life society is no stranger to the name of human rights where human behavior should not interfere with the rights of others and not behave outside the prevailing norms in accordance with positive laws. In relation to the positive law that applies in Indonesia, the behavior of the community itself has indirectly been regulated and for anyone who behaves outside the norm will definitely get sanctioned because his actions have harmed themselves and others. In accordance with the positive law that applies the act of defamatory has sanctions and fines for anyone who violates it. In the case of Jerinx who said things that satirize certain parties is an act of defamation and in 2020 Jerinx's actions received various responses from the community . Indeed, the goal is to fight for people's rights but does not have to uge out a person's good name and impressed to seek fame in the midst of the Covid-19 outbreak.
Peranan Yayasan Lentera Anak Bali (LAB) Terhadap Pemberdayaan Anak Yang di Eksploitasi di Pasar Badung Setiawan, I Putu Dony; Sugiartha, I Nyoman Gede; Suryani, Luh Putu
Jurnal Analogi Hukum 220-225
Publisher : Fakultas Hukum Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/ah.4.3.2022.220-225

Abstract

Exploitation that acts arbitrarily or excessively against the subject of exploitation, regardless of dignity, justice, or equality of welfare, purely for economic gain. The question raised in this paper is how the factors that influence the occurrence of child exploitation affect the Badun market. And what role does the Bali Children's Foundation (LAB) play in the exploitation of children in the Badung market? The purpose of this study is to identify the cause of child exploitation. The survey method used is an empirical survey method. The results of the survey can be explained by the fact that the proportion of children still being exploited has increased or decreased in the last three years. This can be seen in the establishment of the Lanterna Anak Bali Foundation, a dedicated foundation. They take care of children exploited in the Badun market area and the factors that cause the exploitation of environmental impacts, vulnerabilities, and domestic violence of parents in the Badun market area. And the role of the Varilentera Children's Foundation is to provide educational facilities for these children.
Penerapan Hukum Pidana Pada Korporasi yang Melakukan Tindak Pidana Perpajakan Rohi, Glenn Merciano Eben; Sugiartha, I Nyoman Gede; Ujianti, Ni Made Puspasutari
Jurnal Analogi Hukum 226-231
Publisher : Fakultas Hukum Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/ah.4.3.2022.226-231

Abstract

The implementation of national development as a major project certainly requires not only the active participation of the entire nation, but also requires significant costs. The costs incurred to carry out development are not only borne by the state. Relying on aid or grants from abroad will cause the burden of economic dependence which has an impact that foreign countries with stronger economic powers will dictate the life of the Indonesian nation. Realizing this, one of the dominant sectors as a source of state revenue is the tax sector. In Articles 38 to 39A of the KUP Law, none of these articles include sanctions for corporations, although corporations can act as taxpayers, none of these articles explicitly states who is responsible for criminal violations in the tax and tax sector. what form of crime is appropriate to be imposed on corporations that commit tax crimes. Criminal law in an effort to overcome crime in the field of taxation is to create integration in the criminal law policies that are applied, the impact of which will not make it difficult for law enforcement officers to apply them in tax legislation. The imperative element contained in the taxation legislation, would like to include a principle that the use of criminal sanctions should still pay attention to the principle of subsidiarity.
Perlindungan Hukum Terhadap Pelaku Tindak Pidana yang Mengalami Gangguan Jiwa Pangestu, Kevin Jerrick; Sugiartha, I Nyoman Gede; Dinar, I G. A. A. Gita Pritayanti
Jurnal Analogi Hukum 293-298
Publisher : Fakultas Hukum Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/ah.4.3.2022.293-298

Abstract

Mental disorders are the result of several or a group of symptoms that arise in human psychology. People with mental disorders have been stereotyped highly related to criminal acts for a long time, especially violence and threaten the safety and security of those around them. Perpetrators of criminal acts who experience mental disorders are included in the category of persons that had mental disabilities and entitled to more appropriate treatment and protection. It's important to understand more about the responsibility of perpetrators of criminal acts that had mental disorders, as well as about legal protection. The addition of insight, input and additional knowledge are the benefits in the research. The method used by researchers in this study is a normative research method. In the sentencing process, which involves the person who commits a crime that has a mental disorder, the judge is obliged to find and prove whether the perpetrator has an element of accountability, as well as ensure that the perpetrator gets appropriate legal protection. Legal protection is given to the public, especially in this discussion to criminals who experience mental disorders in the hope that the perpetrators can obtain the rights granted by the law itself.
Efektivitas Cyber Patrol dalam Mengungkap Kasus Pornografi di Polresta Denpasar Sasmitha, Putu Diah Wiska; Sugiartha, I Nyoman Gede; Subamia, I Nyoman
Jurnal Analogi Hukum 277-282
Publisher : Fakultas Hukum Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/ah.4.3.2022.277-282

Abstract

Indonesia with a large population has a lot of potential for social change from various backgrounds and ages. Social media has a positive impact and has a negative impact illegal content through social media in the form of pornography, copyright infringement, virtual terrorism, and gambling using cyber media. Pornography is one of the most common offenses on social media by presenting videos, photos and stories. The existence of this case made the POLRI anticipate pornographic crimes and form a team called cyber patrol to eradicate crime in cyberspace. The formulation of the problems in this research, including: 1) How cyber patrol carried out by Denpasar Police investigators in uncovering pornography cases? and 2) What are the factors that hinder Denpasar Police investigators from carrying out cyber patrol to uncover pornography cases? In this study using the empirical method, with a sociological approach. The results of this study are the effectiveness of cyber patrol conducted by Denpasar Police investigators in uncovering pornography cases, namely by legal factors, law enforcement factors, facilities or facilities, community factors, cultural factors and factors that hinder Denpasar Police investigators in conducting cyber patrol to reveal pornography cases, namely internal factors and external factors.
Co-Authors adhi, I Dewa Gede Pramana Agung, George Pascallyus Firman Anak Agung Sagung Laksmi Dewi Ananda, Putu Pebri Theresia Arimbawa, Kadek Pageh Asmaradana, I Made Pasek Atmaja, I Ketut Adi Wira Wijaya Kesuma Cahyadi, Gede Dius Waisnawa Darma, I Putu Satria Adhi Dewi, A. A. Risma Purnama Dewi, A.A. Sagung Laksmi Dewi, Ayu Prasetya Dewi, Komang Ayu Sintia Dewi, Putu Nandita Dinar, I G. A. A. Gita Pritayanti Dinar, I Gusti Agung Ayu Gita Pritayanti Dinar, I Gusti Ayu Gita Pritayanti Dwipayana, I Nyoman Gede Bayu Krisnantha Ganitri, Ni Nyoman Ayu Ratih I Ketut Rai Setiabudhi I MADE MINGGU WIDYANTARA, I MADE MINGGU I Nyoman Putu Budiartha I NYOMAN SUTAMA I Wayan Wesna Astara Jayananda, I Made Vidi Karang , I Gusti Ngurah Agung Bija Karma, Ni Made Sukaryati Ketut Adi Wirawan, Ketut Adi Mahadewa, Kadek Agung Yudha Muliawan, I Komang Agus Mulyawati, Kade Richa Pangestu, Kevin Jerrick Prabandari , Putu Nadya Praminingrat, I Gusti Agung Istri Arinda Prapta, I Putu Rama Aditya Putra, I Gusti Ngurah Agung Bagus Bima Putra, Komang Ajus Nada Putri, Ni Putu Yuni Suantika Putu Suryani . Rohi, Glenn Merciano Eben Rusmantara, I Made Anandha Ida Rusnama, I Nyoman Sri Agus Saputra , Muhammad Alfian Dwi Sasmitha, Putu Diah Wiska Sastra, Komang Saeramessatya Purwadi Sentana, Made Rai Diascitta Hardi Setiawan, I Putu Dony Simon Nahak Suarnegara, I Putu Agus Subamia, I Nyoman Sudibya, Diah Gayatri Sujana, I Nyoman Supriadi, I Wayan Dedi Suwantara, I Putu Teli, Yolanda Hana Triyana, I Gede Aditya Ujianti, Ni Made Puspasutari Utama, Putra Prawira Satya Wicaksana, Rai Bagus Cahyadi Widiantara, Made Minggu Widiati, Ida Ayu Putu Widjaya, Nyoman Andi Widyastuti, Ida Ayu Wayan Wiradana, I Made Gede Wisantya, Khresna Yani, Anak Agung Rai Gayatri Artha Yolanda, Ni Made Noviana Ruth