Articles
Upaya Paksa terhadap Pejabat yang Tidak Melakukan Putusan Pengadilan Tata Usaha Negara Denpasar
I Wayan Dedy Cahya Pratama;
Anak Agung Sagung Laksmi Dewi;
Luh Putu Suryani
Jurnal Preferensi Hukum Vol. 1 No. 2 (2020): Jurnal Preferensi Hukum
Publisher : Warmadewa Press
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DOI: 10.22225/jph.1.2.2352.145-149
The discussion in the writing of this thesis is a problem related to forced efforts as regulated in article 116 where in this article forced efforts (Dwangsom) are regulated. The purpose of implementing compulsory measures so that the decisions issued are carried out by those concerned. This study aims to determine the mechanism of forced attempts to officials who do not carry out the TUN Judicial Decision and to find out the obstacles to forced attempts against the TUN Judicial Decision. Normative legal research is used as a research method, which is a stage to find legal regulations, legal principles in order to answer the contents of the law in this thesis with a statutory approach, legal theory and a conceptual approach. Primary and secondary sources of legal materials are then analyzed to obtain conclusions and suggestions. The results showed that the efforts to force the decision, namely Dwangsom and administrative sanctions at the PTUN which had been incracht could not be implemented optimally. The obstacle in forced efforts related to the execution of the PTUN Decision is that there is no special agency tasked with implementing the decision, therefore the government has revised the PTUN Law and provisions relating to Forced Efforts issued by the Supreme Court so that it can be applied by the PTUN judge so that it can be applied and implemented optimally.
Kewenangan Pemerintah Daerah dalam Mengendalikan Pembangunan Kawasan Bandar Udara
Ni Wayan Lusiana Sari;
Desak Gde Dwi Arini;
Luh Putu Suryani
Jurnal Preferensi Hukum Vol. 1 No. 2 (2020): Jurnal Preferensi Hukum
Publisher : Warmadewa Press
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DOI: 10.22225/jph.1.2.2362.214-219
Aviation safety and security is our shared responsibility. Accidents and incidents caused by kite games or other similar games can result in casualties, machine damage and weaken the level of compliance. I Gusti Ngurah Rai Airport Flight Operational Safety Area is air, land and water space with a radius of 15 km from the runway at I Gusti Ngurah Rai Airport. The plane that was flown by SYD - DPS was not allowed to land because of a kite near the end of Runway 27 so that my plane had to spin around. The research objective is to study and analyze regional arrangements and the authority of local governments in controlling the development of the airport area. This research uses a normative type of research, by examining library materials by studying and examining theories of concepts, as well as regulations relating to problems. The results showed that the Airport Flight Operations Safety Zone Arrangement was stipulated based on the Government Regulation on aviation security and safety, which stipulates that airport operators are obliged to protect the airport environment in order to avoid disturbances that slow down flights. The authority of a regional government in controlling the flight area is to organize spatial planning in its area while still understanding the rights that people have in accordance with applicable regulations.
Perlindungan Hukum terhadap Anak sebagai Pelaku Pelecehan Seksual Menurut UU No. 35 Tahun 2014
Desi Nellyda;
I Nyoman Sujana;
Luh Putu Suryani
Jurnal Preferensi Hukum Vol. 1 No. 2 (2020): Jurnal Preferensi Hukum
Publisher : Warmadewa Press
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DOI: 10.22225/jph.1.2.2392.62-66
This thesis is titled “Legal Protection Toward Child As Offenders Of Sexual Harassment, According Indonesian Law No. 35 Year 2014”. The writing uses normative research method, by using statue approach and conceptual approach. The problem formulations are: (1) The shape of legal protection toward child as offenders of sexual harassment ; (2) The imposition of criminal sanctions against ch ild who commit sexual abuse. By reviewing the law research done by using the proposed studi above, it can be concluded that the first problem formulation related to the shape of legal protection toward child as offenders of sexual harassment according Indonesian Law No. 35 Year 2014 about the change of the Law No. 23 Year 2002 about Child Protection, the child has a right to accompanied by advocate during the process of investigation. Meanwhile, the second formulation will discuss the imposition of criminal sanctions against child who commit sexual abuse which have been regulated at the Article 82 Indonesian Law No. 35 Year 2014 about the change of the Law No. 23 Year 2002 about Child Protection. Depend on the Article 82 the offenders can be sentenced to prison the shortest 5 (five) years and the longest 15 (fifteen) years and a maximum fine of Rp. 5.000.000.000,00 (five billion dollars).
Penertiban Izin Mendirikan Bangunan (IMB) di Kecamatan Kuta Utara Kabupaten Badung
I Gede Andhika Kusuma Darsana;
I Ketut Kasta Arya Wijaya;
Luh Putu Suryani
Jurnal Preferensi Hukum Vol. 2 No. 1 (2021): Jurnal Preferensi Hukum
Publisher : Warmadewa Press
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DOI: 10.22225/jph.2.1.2796.62-67
Prevention of violations of building construction permits is regulated in a regional regulation where each region has its own power which is called an autonomous region which has an institution in charge of controlling building permits handled by the Civil Service Police Unit. This study aims to determine the authority of local governments in regulating building permits and to analyze law enforcement on buildings that do not have a building permit in North Kuta District, Badung Regency. This study was designed using empirical legal research. The results show that the authority of the local government in controlling building permits aims to regulate the legal relationship between citizens and buildings that are objects of control in order to prevent spatial planning that is not in accordance with the rules. Furthermore, every resident in North Kuta District who owns a building or will build a building is required to have a permit in accordance with the regulations issued by the local government. Then, law enforcement for buildings that do not yet have a Building Construction Permit by providing a warning letter 3 times. If the building owner still ignores the Warning Letter, the Civil Service Police Unit will demolish it according to the Decree from the regional head.
Keputusan Fiktif Sebagai Dasar Pengajuan Gugatan Sengketa Tata Usaha Negara
I Gede Buonsu;
A. A. Sagung Laksmi Dewi;
Luh Putu Suryani
Jurnal Preferensi Hukum Vol. 2 No. 1 (2021): Jurnal Preferensi Hukum
Publisher : Warmadewa Press
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DOI: 10.22225/jph.2.1.2797.68-72
Based on the definition of a state administrative dispute, it can be seen that a State Administrative Dispute has an object in the form of a State Administrative Court, which has been regulated in Article 1 paragraph (9) of Law Number 51 of 2009. State Administrative Court itself can be divided into two, namely negative and positive fictional KTUN regulated in article 3 of the Administrative Court Law and article 53 of the Government Administration Law. This study aims to analyze the arrangement of fictitious TUN decisions according to positive law in Indonesia and to find out the fictional TUN decisions as objects of state administration disputes. This research uses descriptive normative research methods with legal, conceptual and case approaches. The results showed that the decision of fictitious TUN can be divided into two, namely negative fictitious TUN and positive fictitious TUN in which the two rules indirectly cause conflict because they both regulate fictitious TUN but have different meanings, where based on Article 3 is interpreted as a decision rejection (negative fictitious KTUN) while according to the provisions of Article 53 it is interpreted as a decision to grant (positive fictitious KTUN).
Pertanggungjawaban Pidana terhadap Penganiayaan yang Dilakukan Anak kepada Orang Tua Ditinjau dalam Perspektif HAM
I Wayan Ogi Wiryawan;
I Made Minggu Widyantara;
Luh Putu Suryani
Jurnal Preferensi Hukum Vol. 2 No. 1 (2021): Jurnal Preferensi Hukum
Publisher : Warmadewa Press
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DOI: 10.22225/jph.2.1.2814.172-176
At present, abuse of parents by children, often occurs in the community which is commonly referred to as child abuse against parents. Children become cruel due to two factors, namely internal factors and external factors so that they are desperate to commit inhumane behavior towards their own parents. This case is also a violation of human rights that must be enforced. However, a child cannot be convicted of being underage. This study aims to analyze the criminal arrangements for minors who commit crimes against parents and explain the criminal sanctions given to a child who commits a criminal act of molestation. The research method used is normative legal research using a statutory approach as well as a conceptual approach. The data used are primary data, namely legal rules that are sorted systematically consisting of legislation, while secondary data consists of books, texts, principles and writings on laws related to persecution. There is also a form of writing in this research. The results of this study indicate that children can still be subject to criminal sanctions but can also be subject to sanctions in the form of fostering sanctions by related agencies. The child in this case who commits the crime of abuse is a minor, the punishment is different from ordinary punishment where child punishment is aimed at fostering the child and not focusing on the deterrent effect of the criminal.
Fungsi Badan Pengawas Keuangan dan Pembangunan dalam Melakukan Perhitungan Kerugian Keuangan Negara pada Perkara Tindak Pidana Korupsi
Kadek Teguh Aryasa;
I Made Minggu Widyantara;
Luh Putu Suryani
Jurnal Preferensi Hukum Vol. 2 No. 1 (2021): Jurnal Preferensi Hukum
Publisher : Warmadewa Press
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DOI: 10.22225/jph.2.1.2815.193-196
State financial losses are an important issue to study. Corruption in Indonesia is a major problem so far it has never been resolved, starting from the central government to the regions. This has had a bad effect on the Indonesian economy. In practice, the Investigating Prosecutor at the Denpasar District Attorney often conducts investigations in the framework of calculating state financial losses. This study aims to determine the legality of the results of investigative audits issued by the Financial Supervisory Agency as evidence in proving state financial losses in corruption cases and to determine the factors that influence the Investigative Prosecutor to more frequently ask Financial Supervisory Agency for assistance to conduct investigative audits. The research method used is empirical legal research with a qualitative approach and a descriptive approach. The data sources are primary data obtained directly from the Denpasar District Attorney with interview techniques and secondary data from legal theories. The results show that the results of the investigative audit conducted by the Financial Supervisory Agency can be used as evidence at trial because their validity meets the elements contained in Article 184 of the Criminal Procedure Code and the tendency of the Investigative Prosecutor at the Denpasar District Attorney to conduct an investigative audit of the Financial and Development Supervisory Agency efficiency and effectiveness policy factors as well as human resource factors.
Analisis Yuridis Pertanggungjawaban Pidana Terhadap Anak Sebagai Pelaku Tindak Pidana Penyalahgunaan Narkotika (Studi Penetapan Nomor. 22/Pid.Sus- Anak/2016/Pn.DPS)
Utari Paramita Devi;
Anak Agung Sagung Laksmi Dewi;
Luh Putu Suryani
Jurnal Preferensi Hukum Vol. 2 No. 2 (2021): Jurnal Preferensi Hukum
Publisher : Warmadewa Press
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DOI: 10.22225/jph.2.2.3290.213-217
Currently, Indonesia is in a state of emergency on drugs because its abuse is widespread in society, starting from size, class, and age. Drug abuse is not only done by the adult class but also by minors, it damages the mental and soul of the generation. The Indonesian government has passed a law related to the protection of minors who are victims of Narcotics abuse based on Law no. 35/2014 on PA. This study examines criminal sanctions against criminal acts of child participation as narcotics abuse and analyzes judges' considerations in deciding cases in determining sanctions based on Number. 22 / Pid.Sus Anak / 2016 / PN Dps. This study employed normative research, with a statutory perspective. Sources of data were primary and secondary legal materials obtained through interviews, reading, and examining legal theories related to the problem being researched. After all, data was collected, it was analyzed descriptively qualitatively. The results of the research showed that the criminal sanctions imposed on the involvement of children as drug abusers must be aimed at improving themselves, and the judge's consideration in deciding this case was by taking into account the provisions of Article 12, Article 52 paragraph 5 of Law no. 11/2012 concerning SPPA.
Tinjauan Yuridis Tindak Pidana Penggelapan Sertifikat Hak Milik Studi Kasus Putusan Nomor 733/Pid.B/2018/Pn.Dps.
Made Fiorentina Yana Putri;
I Made Minggu Widyantara;
Luh Putu Suryani
Jurnal Preferensi Hukum Vol. 2 No. 2 (2021): Jurnal Preferensi Hukum
Publisher : Warmadewa Press
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DOI: 10.22225/jph.2.2.3292.223-227
The crime of embezzlement is a form of crime against human assets, which is regulated in the Criminal Code. The crime of embezzlement often occurs in all fields, even the perpetrators at various levels of society, from the lowest level to the top layer, can commit the crime of embezzlement, which is a crime that starts with a belief in other people so that trust disappears because of the weakness of honesty. This study aims to examine the legal arrangements for embezzlement and to analyze the legal considerations in imposing a verdict on the embezzler of title deeds that may result in losses. The method used was normative legal research with the statutory, case, and conceptual approaches. Sources of data were sourced from primary and secondary legal materials obtained through interviews and documentation and recording. The results showed that in case No.733 / Pid.B / 2018 / PNDPS, it was found that it had fulfilled the elements in article 372 because it fulfilled the elements of embezzlement, the perpetrator was subject to sanctions, the perpetrator was charged with article 372 of the Criminal Code where the threat of punishment is a maximum of four years in prison and a maximum fine of nine hundred rupiahs. The legal considerations by the judge in making the verdict in case No.733 / Pid.B / 2018 / PNDPS were in accordance with existing legal regulations, based on evidence, namely, witness testimony and the defendant's testimony during the trial. The Panel of Judges is expected to be based on the facts revealed during the trial and to judge that the defendant can be held accountable for his actions, that the defendant carried out his actions in a condition that was both mentally and physically healthy
Pengaturan Sanksi Pidana Bagi Pelaku Pembakaran Hutan
Sang Bagus Nyoman Wahyuda Putra;
I Nyoman Gede Sugiartha;
Luh Putu Suryani
Jurnal Preferensi Hukum Vol. 2 No. 2 (2021): Jurnal Preferensi Hukum
Publisher : Warmadewa Press
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DOI: 10.22225/jph.2.2.3327.313-319
The base burning which is getting more and more massive every year in the archipelago because of the large number of land clearing by burning forests. For this reason, the burning of the widening of the plinth can cause natural destruction to disturb the fitness of the residents, to be quietly located, and to obtain a good and fit nature of life, which is the feasibility of such citizens as voiced in Article 28 h paragraph (I) of the 1945 Constitution of the Republic of Indonesia. The purpose of this study was to determine the legal arrangements for forest burning agents and to know the criminal sanctions for forest fire offenders. The method used in the preparation of this research is a normative legal study using a problem study using a legal basis that applies to laws and regulations contained in the literature. The method used for the following research is juridical normative, analytical descriptive in nature, and using the statutory regulation scheme, the executor of the scorching action of bases and land that continuously carries out scorching grounds should be carried out under criminal law, civil law in the form of penalties and administrative law takes the form of abolishing the business permit management permit. Law Number 41 Year 1999 Law Number 19 Year 2004 regarding Reason, Law Number 32 Year 2009 regarding Environmental Protection and Management, Civil Code, Criminal Code and Legal Code The administration, in fact, is unable to make a sense of the craving for the executors of the crime of burning forests and land who carry out scorching of bases and land because there is still a problem of burning the base.