Articles
Tinjauan Yuridis Terhadap Tindak Pidana Penipuan Jual Beli Tanah (Studi Kasus : Putusan No. 74/Pid.B/2017/Pn Gin)
Ngakan Made Wira Diputra;
I Nyoman Gede Sugiartha;
Luh Putu Suryani
Jurnal Interpretasi Hukum Vol. 2 No. 3 (2021): Jurnal Interpretasi Hukum
Publisher : Warmadewa Press
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DOI: 10.22225/juinhum.2.3.4167.651-655
Crime on this earth will never end. The most frequent criminal treatment in the community is the crime of fraud related to an object. The crime of fraud has been regulated starting from Article 378 to Article 395 of the Criminal Code. This study aims to examine the criminal sanctions against the crime of fraud in the sale and purchase of land and reveal the judges' considerations against the perpetrators of the crime of fraud in the sale and purchase of land according to the case study: Decision No. 74/Pid.B/2017/PN Gin. This study uses a normative legal research method with a legislation approach and a case study approach. The legal materials used are primary and secondary legal materials collected by library and interview techniques. Furthermore, the research data was processed and analyzed descriptively qualitatively. The results of the study revealed that the criminal sanction applied was in the form of a principal sentence by looking at the indictment of the public prosecutor which applied more to Article 378 of the Criminal Code so that in the case study the defendant was sentenced to a year in prison. The Panel of Judges made this decision after hearing statements from the defendant, victim witnesses, and evidence presented by the public prosecutor
Perlindungan Hukum Korban Penipuan Undian Berhadiah Menurut Undang-undang Nomor 11 Tahun 2008 tentang Informasi dan Transaksi Elektronik
Kadek Yogi Pratama Putra;
A Agung Sagung Laksmi Dewi;
Luh Putu Suryani
Jurnal Interpretasi Hukum Vol. 2 No. 3 (2021): Jurnal Interpretasi Hukum
Publisher : Warmadewa Press
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DOI: 10.22225/juinhum.2.3.4195.673-677
The development of the times is always followed by technological developments, digital technology has brought a major influence on human life. One example is information and communication technology. Various types of cell phones with the sophistication they have have changed the way humans exchange information and communicate. Various features are available in cellular phones, one of which is the short message service feature or commonly known as SMS. Initially this feature was used to make it easier for humans to send and receive short messages. Over time the feature or short message service is used by criminals for personal gain. Crime in the digital world is called cybercrime. Therefore, the purposes of this study are to examine the legal arrangements for victims of sweepstakes fraud through short message services and reveal forms of legal protection for victims of fraud through short message services. This research is designed with normative legal research using a legal and conceptual approach. Sources of data used are primary and secondary legal data collected using the literature study method. After the research data is collected, the final stage is processing and analyzing the data in a qualitative descriptive manner. The results of the study reveal that the crimes committed by the perpetrators are criminal acts of fraud which have been regulated in article 378 of the Criminal Code and have also been accommodated in the ITE Law which is regulated in article 28 paragraph (1). Furthermore, the victim has legal protection as regulated in the ITE Law.
Pertanggungjawaban Pidana Korporasi Terhadap Pencemaran Lingkungan Hidup Ditinjau dari Undang-undang Cipta Kerja
Kadek Dicky Candra Mahendra;
I Nyoman Gede Sugiartha;
Luh Putu Suryani
Jurnal Interpretasi Hukum Vol. 2 No. 3 (2021): Jurnal Interpretasi Hukum
Publisher : Warmadewa Press
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DOI: 10.22225/juinhum.2.3.4196.678-682
Human activities that are less controlled, make a clean and healthy living environment less and less, this is because the earth is currently getting older and the activities of humans themselves are not properly preserving the environment. Humans have a role and responsibility to empower the environment to maintain the ecosystem. However, the current reality is that most environmental crimes often involve corporations. This study aims to examine the regulation of criminal acts by corporations in the perspective of the Copyright Act and to reveal criminal sanctions against corporations that commit acts of environmental pollution in terms of the Copyright Act. This research uses a normative research type, with a Legislative approach. As for what is used as primary data, namely Law Number 32 of 2009, Law Number 11 of 2020 concerning Job Creation is the legal basis for knowing criminal arrangements and criminal sanctions against corporate criminal liability for environmental pollution in terms of the work copyright law. Data were collected using library research techniques. After the research data has been collected, it is processed by elaboration, namely combining the sources of the primary, secondary and tertiary legal materials with deductive and inductive logic. The results of this study indicate that corporate crime is essentially a functional act and is in the form of an inclusion offense. The criminal sanction of imprisonment is 1/3 to the management of the corporation.
Tindak Pidana Pelanggaran Kekarantinaan Kesehatan yang Mengakibatkan Kedaruratan Masyarakat
Ida Ayu Sri Wahyuni;
Anak Agung Sagung Laksmi Dewi;
Luh Putu Suryani
Jurnal Interpretasi Hukum Vol. 3 No. 1 (2022): Jurnal Interpretasi Hukum
Publisher : Warmadewa Press
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Regulations that have been regulated by laws and regulations, namely the Health Quarantine have a solution to limit community activities in breaking the chain of the COVID-19 pandemic. This study aims to analyze the handling of criminal acts of violation of the Covid-19 health quarantine and discuss criminal legal sanctions in the event of a health quarantine violation. This research is part of normative legal research, research by collecting legal materials in the form of primary, secondary and tertiary legal materials using a library approach. The results of the study explain that Government Regulation in Lieu of Law (Perpu) Number 1 of 2020 concerning Financial Policy and Financial System Stability for Handling the Covid-19 Pandemic and/or in order to deal with threats that endanger the National economy and/or Financial System Stability, hereinafter referred to as Perppu No.1/2020). Criminal sanctions for violating health quarantine are regulated in Article 93 of Law no. 6 of 2018 concerning Health Quarantine, which regulates parties who violate Article 9 paragraph (1) are threatened with a maximum fine of 100 million
Pemotongan Upah Tenaga Kerja di Pt Dewata Gassari Bali dalam Situasi Pandemi Covid 19
Ida Bagus Ari Nugraha;
Anak Agung Sagung Laksmi Dewi;
Luh Putu Suryani
Jurnal Interpretasi Hukum Vol. 3 No. 1 (2022): Jurnal Interpretasi Hukum
Publisher : Warmadewa Press
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PT Dewata Gassari Bali enthroned at the Denpasar dam, held the same company color as the sale of LPG airflow. During Covid-19, it was seen that employers changed the regulations for giving fatigue medicine and alarms for work ahead of the rubber of their workers. The spread of COVID-19 has also resulted in a number of places visited decreasing so that the products marketed experience a drastic decline in sales. This results in a decrease in the price of goods marketed by certain companies. As a result of the losses suffered by the company, they made the decision to Termination of Employment (PHK) and Work from Home (WFH). This study aims to reveal the procedures for the implementation of payment of wages, protection of work status, and remuneration of workers at PT Dewata Gassari Bali. The method used in this analysis is institutional analysis which is empirically motivated by approaching reality and approaching the rule of law using a juridical approach. Sources of data in this study are primary data and secondary data. Data were analyzed by being collected, described and arranged descriptively and then systematized. The results of this study indicate that the cutting of fatigue medication and the dismissal of a number of employees are due to the company's finances being unstable
Perlindungan Hukum terhadap Konsumen Tabung Oksigen Hasil Modifikasi di Masa Pandemi Covid- 19 Berdasarkan Undang- Undang Nomor 8 Tahun 1999 Tentang Perlindungan Konsumen
Ni Wayan Eny Yulianti;
I Nyoman Putu Budhiarta;
Luh Putu Suryani
Jurnal Interpretasi Hukum Vol. 3 No. 1 (2022): Jurnal Interpretasi Hukum
Publisher : Warmadewa Press
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DOI: 10.22225/juinhum.3.1.4647.107-112
The circulation of modified oxygen cylinders causes the community to need legal protection for the community. So, this research aims to examine the form of legal protection for consumers who are harmed by the use of modified oxygen cylinders by business actors during the Covid-19 pandemic based on Law Number 8 of 1999 concerning Consumer Protection, and to discuss the responsibilities of business actors who harm consumers. for the circulation of modified oxygen cylinders during the Covid-19 pandemic. The normative research method uses a statutory approach, a conceptual approach, and a case approach. The legal materials of this research use primary, secondary and tertiary legal materials. Primary legal material comes from legislation relevant to the research case. Secondary legal materials consist of legal journals, law books, and the internet. And tertiary legal materials, namely supporting legal materials such as legal dictionaries, encyclopaedias and others. The technique of collecting legal materials used in this research is the technique of inventorying legislation according to the hierarchy so that it uses the library method by using the technique of recording legal materials. The results of this study can be concluded that preventive legal protection for consumers of modified oxygen cylinders with the regulation of consumer rights Article 4 UUPK and repressive protection consumers who are harmed can ask for compensation through litigation and non-litigation. Liability to consumers of modified oxygen cylinders who are harmed in the form of product responsibility based on compensation in the form of refunds or health care
Pengelolaan Sampah dalam Upaya Pengendalian Pencemaran Lingkungan oleh Desa Adat Padangtegal, Kecamatan Ubud, Kabupaten Gianyar
I Kadek Purwadi Putra;
Anak Agung Sagung Laksmi Dewi;
Luh Putu Suryani
Jurnal Interpretasi Hukum Vol. 3 No. 1 (2022): Jurnal Interpretasi Hukum
Publisher : Warmadewa Press
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DOI: 10.22225/juinhum.3.1.4743.193-198
Indonesia is a country that is ranked 4 (four) in the world, so it cannot be denied that the problem of waste is a complex problem faced by the Government, waste is one of the biggest problems that are often encountered by people in other parts of the world, waste itself is a leftover from activities and activities. human consumption, which has been wasted and has no economic value anymore. Garbage is a problem faced in almost all parts of the world. Seeing the many waste problems that occurred, the Padangtegal Traditional Village built a Compost House as a form of the Village's concern for the waste problem. This study aims to examine environmental pollution by the traditional village of Padangtegal, Ubud District. The method used is empirical legal research. This research uses a statutory approach and is carried out by examining and studying laws or other regulations such as awig-awig and pararem in accordance with the issues in question, in which the norms are hierarchically arranged in the arrangement of legal norms. Sources of data in this study are primary data and secondary data. The results of the study indicate that the implementation of waste management in the Padangtegal Traditional Village has been running well according to applicable regulations and in its implementation the Padangtegal Traditional Village manages waste management independently through management.
Konsep Anti Eco-Slapp dalam Undang-Undang Nomor 32 Tahun 2009 tentang Perlindungan dan Pengelolaan Lingkungan Hidup
Nyoman Gede Aditya Jay Medhika;
Anak Agung Sagung Laksmi Dewi;
Luh Putu Suryani
Jurnal Interpretasi Hukum Vol. 3 No. 1 (2022): Jurnal Interpretasi Hukum
Publisher : Warmadewa Press
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DOI: 10.22225/juinhum.3.1.4752.220-224
There are several weaknesses in the regulation of the Anti Eco-SLAPP concept in Indonesia, which can hinder the implementation of the Anti Eco-SLAPP concept and cause protection for community participation to still have room for criminalization. This study aims to describe the regulation of the anti-Eco-SLAPP concept in Law Number 32 of 2009 concerning Environmental Protection and Management. This type of research is normative law. This study uses a statute approach by examining the laws and regulations. The data used in this study are primary and secondary data. Data analysis was carried out using qualitative analysis. The data that has been analyzed shows that Anti Eco SLAPP has been regulated in Article 66 of the UUPPLH, which emphasizes that every individual who strives for the right to a good and healthy environment cannot be prosecuted criminally or civilly. In operationalizing Article 66 of the PPLH Law, it is hoped that there are four things that must be considered, namely: the requirements for protection and who is the subject being protected as well as the type of Eco-SLAPP action and the requirements for determining Eco-SLAPP. There are several weaknesses in the regulation of the Anti Eco-SLAPP concept in Indonesia, which can hinder the implementation of the Anti Eco-SLAPP concept and cause protection for community participation to still have room for criminalization. This study aims to describe the regulation of the anti-Eco-SLAPP concept in Law Number 32 of 2009 concerning Environmental Protection and Management. This type of research is normative law. This study uses a statute approach by examining the laws and regulations. The data used in this study are primary and secondary data. Data analysis was carried out using qualitative analysis. The data that has been analyzed shows that Anti Eco SLAPP has been regulated in Article 66 of the UUPPLH, which emphasizes that every individual who strives for the right to a good and healthy environment cannot be prosecuted criminally or civilly. In operationalizing Article 66 of the PPLH Law, it is hoped that there are four things that must be considered, namely: the requirements for protection and who is the subject being protected as well as the type of Eco-SLAPP action and the requirements for determining Eco-SLAPP.
Penetapan Lokasi Perumahan Kumuh oleh Pemerintah Daerah Kabupaten Badung Dengan Peraturan Daerah
I Kadek Dwi Melana Putra;
I Nyoman Gede Sugiartha;
Luh Putu Suryani
Jurnal Interpretasi Hukum Vol. 3 No. 2 (2022): Jurnal Interpretasi Hukum
Publisher : Warmadewa Press
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DOI: 10.22225/juinhum.3.2.5059.243-248
This study aims to analyze and describe the determination of the location of slum housing by the Regional Government of Badung Regency with Regional Regulations. Settlement is a space for humans which is also said to be a place to live for every human being. The growth that occurs in society often has positive and negative consequences. One of the problems that arise is the emergence of slum settlements. Based on the Regional Regulation, the categories of slum housing are listed based on the aspects contained in the housing, if there are aspects that are not appropriate, the Badung Regency local government will make efforts to evaluate and improve these aspects so that the housing can be declared livable housing. This regulation also aims to suppress the growth of slum housing so that it can become livable housing. Through this research, it is hoped that a good relationship between the local government and the community will be established in order to create livable housing that will have a good impact on the government and society.