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Penegakan Hukum terhadap Tindak Pidana Korupsi Dana Bantuan Sosial Pandemi Covid-19 yang dilakukan oleh Pejabat Negara
Ni Komang Sri Herawati Octa;
Anak Agung Sagung Laksmi Dewi;
Luh Putu Suryani
Jurnal Preferensi Hukum Vol. 3 No. 2 (2022): Jurnal Preferensi Hukum
Publisher : Warmadewa Press
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DOI: 10.55637/jph.3.2.4956.424-429
Indonesia is a legal state (Rechtsstaat) not based on mere power (Machtstaat). Weak law enforcement in Indonesia causes crimes such as corruption in social assistance funds among state officials to increase. The purpose of this research is to analyze the regulation of corruption in social assistance funds and to discuss law enforcement of criminal acts of corruption in social assistance funds in an effort to recover state losses. This type of research is normative research, using a statutory approach and a conceptual approach. Sources of legal materials consist of primary and secondary materials. The technique in collecting legal materials with data collection is by quoting than in the data in a freelance record by recording the name of the author, book title, publisher name, publisher year, and page number quoted. The regulation of criminal acts of corruption in social assistance funds carried out by state officials is regulated in Article 3 of Law No. 20 of the Year with the threat of life imprisonment or imprisonment between 1 to 20 years and a fine as stipulated in this article. Sanctions for criminal acts of corruption in an effort to recover state losses are regulated in Article 18 Paragraphs (1) and (2) of Law No. 20 of 2001 concerning the Eradication of Criminal Acts of Corruption. Law enforcers are expected to give the fairest sanctions to the perpetrators according to their actions so that these sanctions are beneficial for the perpetrators and the injured party.
Perempuan Korban Tindak Pidana Kekerasan dalam Rumah Tanggapada Masa Pandemi Covid-19
Ida Ayu Viony Adniasari;
Anak Agung Sagung Laksmi Dewi;
Luh Putu Suryani
Jurnal Preferensi Hukum Vol. 3 No. 2 (2022): Jurnal Preferensi Hukum
Publisher : Warmadewa Press
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DOI: 10.55637/jph.3.2.4957.430-436
Domestic Violence is a very serious threat for women because not only is the number of cases of violence experienced increasing, but the increase is also increasingly worrying. The number of female victims who experience domestic violence continues to increase every year, especially during the time the coronavirus spreads. The purpose of this study is to discuss the factors that cause women to become victims of criminal acts of domestic violence during the Covid-19 pandemic and to analyze countermeasures that can be taken to prevent women from becoming victims of criminal acts of domestic violence during the Covid-19 pandemic. -19. In conducting research, empirical law is used through criminological techniques used in research. Sources of legal materials consist of primary and secondary materials. The technique in collecting legal materials with data collection is by quoting, letting go, and providing proposals for legal materials than in the data in a loose note by recording the name of the author, book title, publisher name, publisher year, and page number quoted. The conclusions from the results of this study are the factors that women become victims of criminal acts of domestic violence include personality characteristics, past trauma, narcotics abuse, economic problems and the social environment. Countermeasures in the context of preventing women from becoming victims of criminal acts of domestic violence can be carried out in a preventive and repressive manner.
Sanksi Pidana terhadap Kecurangan dalam Laporan Dana Kampanye Pemilihan Umum di Indonesia
Ni Nyoman Sonia Santhy Suryani;
Anak Agung Sagung Laksmi Dewi;
Luh Putu Suryani
Jurnal Preferensi Hukum Vol. 3 No. 2 (2022): Jurnal Preferensi Hukum
Publisher : Warmadewa Press
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DOI: 10.55637/jph.3.2.4963.461-465
In 2019, Dr Somvir, a legislative candidate for Bali Regional People’s Representative Council, reported his campaign fund was zero rupiah, which was later reported to Election Supervisory Body Bali as a case of suspicion of fraud in the campaign fund report. The fraud was manipulating the number of campaign funds received or used. The purpose of this study is to discuss the legal arrangements regarding general election campaign finance reports in Indonesia and to examine the criminal sanctions imposed on fraud in general election campaign finance reports in Indonesia. The research method and problem approach used is a normative method with a conceptual and statutory approach. The results of this study explain campaign fund report is regulated on Law Number 7 of 2017 about General Election and Regulation by General Election Commission Number 24 of 2018 about Campaign Fund in General Election. Criminal sanctions for fraud in campaign fund reports in the Indonesian general election could be confinement, imprisonment, and fines, which are regulated on Article 496 and 497 Law Number 7 of 2017. The government needs to explain clearly the meaning of information in campaign fund reports in the general elections.
The Model of Tourism Village Development in the District of Tabanan
Indah Permatasari;
Ida Ayu Putu Widiati;
Luh Putu Suryani
Sociological Jurisprudence Journal Vol. 2 No. 1 (2019)
Publisher : Fakultas Hukum, Universitas Warmadewa
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DOI: 10.22225/scj.2.1.969.6-12
The growth in the tourism sector in Bali has certainly delivered positive adavantages to particularly the enhancement of community prosperity. In encouraging the prevalence of opportinity take to make efforts to enhance the community welfare and empowerment, tourism villages can be one of the useful facilities to help increase the community economy. The proposition explored in this study is that in Tabanan there are still tourism villages which could not develop optimally. Therefore, this study is designed to examine the factors that hinder the optimal development of the village in question. Moving on from the obstacles that have been found, a solution is raised to help overcome the delay in development. The solution is to introduce and implement a model for developing tourism villages in Tabanan. This study makes use of empirical legal research with two types of data: primary and secondary data. The study sample is determined by applying a non-probability/non-random sampling technique. The model of tourism village development in Tabanan is based on empowerment of local communities (community-based tourism). This model of tourism village development is inseparable from religious values, the living culure in the community, and the preservation and quality of the environment. By the application of this model, sustainable tourism development is expected to be realized.
The Effectiveness of Regional Regulation of The Province of Bali Number 16 of 2009 Concerning Spatial Planning for The Province of Bali in The Development of Tourism Supporting Facilities at The Sanctuary Area in Badung Regency
Ida Ayu Putu Widiati;
Luh Putu Suryani;
Indah Permatasari
Sociological Jurisprudence Journal Vol. 3 No. 1 (2020)
Publisher : Fakultas Hukum, Universitas Warmadewa
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DOI: 10.22225/scj.3.1.1593.54-58
One of the highly developed tourism industries in Bali is the tourism industry. Nevertheless, the problem that then arises is that there are developments encountered in the area of the holy place that should not be made as a place to support the tourism facilities. This is of course not in accordance with the provisions of Regional Regulation Number 16 of 2009 concerning Spatial Planning for the Province of Bali, particularly in Article 50 paragraph (2). This study examines the effectiveness of Bali Province Regional Regulation Number 16 of 2009 related to the construction of Tourism supporting facilities in the radius of the shrine area in Badung Regency. The whole data collected are processed and analyzed by organizing them systematically, and are then classified and connected between one data with another. In practice, there are still violations related to the rules of the radius of the sacred area around the Pura Sad Kahyangan, especially in the Pura Luhur Uluwatu. The existence of norms related to sacred areas comes through pros and cons in practice. Some judicial review requests have even been submitted to the Supreme Court. The role of law enforcement also needs necessarily to be optimized, especially in terms of enforcing the rule of law related to violations in the radius of the holy place in the Badung Regency.
FUNGSI NASKAH AKADEMIK (NA) DALAM PEMBENTUKAN RANCANGAN PERATURAN DAERAH
Ni Made Jaya Senastri;
Luh Putu Suryani
KERTHA WICAKSANA Vol. 12 No. 1 (2018)
Publisher : Fakultas Hukum, Universitas Warmadewa
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DOI: 10.22225/kw.12.1.2018.38-45
Hukum ada pada setiap masyarakat dimanapun mereka berada, oleh karena itu keberadaan atau eksistensi hukum sifatnya universal. Hukum tidak dapat dipisahkan dengan masyarakat tetapi justru mempunyai hubungan yang timbal balik. Norma hukum dibuat menurut beberapa cara yaitu norma umum melalui kebiasaan atau undan-undang, norma khusus melalui tindakan-tindakan pengadilan dan administrasi atau transaksi hukum.
Kekuatan Hukum Sertifikat Jaminan Fidusia yang Didaftarkan Setelah Terjadinya Wanprestasi
I Gusti Ayu Dwi Meilaputri;
Luh Putu Suryani;
Putu Gede Seputra
KERTHA WICAKSANA Vol. 13 No. 2 (2019)
Publisher : Fakultas Hukum, Universitas Warmadewa
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DOI: 10.22225/kw.13.2.2019.69-72
Abstrak Jaminan fidusia adalah jaminan yang diberikan dalam bentuk fidusia. Dimana jaminan fidusia ini telah diatur didalam Undang-Undang Fidusia. Jaminan fidusia ini sendiri melimpahi kepastian hukum terhadap para pihak yang terlibat dalam kredit bank dengan jaminan fidusia kepada masyarakat sebagai lembaga keuangan, dimana debitur lebih diarahkan oleh bank untuk menyesuaikan fasilitas-fasilitas kredit yang diberikan oleh bank. Fidusia ini sendiri telah diatur dalam Undang-Undang tentang Jaminan Fidusia yang berfungsi untuk membantu kegiatan usaha. Penelitian ini membahas tentang sertifikat jaminan fidusia yang didaftarkan oleh sebuah lembaga keuangan setelah terjadinya wanprestasi, padahal telah terdapat aturan mengenai tenggang waktu pendaftaran jaminan fidusia agar nantinya terbit sertifikat jaminan yang memiliki kekuatan hukum. Penelitian ini membahas tentang sertifikat jaminan fidusia yang didaftarkan oleh sebuah lembaga keuangan setelah terjadinya wanprestasi. Adapun analisis dalam penulisan ini dilakukan dengan mengadakan argumentasi hukum berdasarkan logika induktif. Aktifitas perkreditan dengan jaminan fidusia pada Bank dilakukan dengan memegang prinsip kepercayaan. Dalam hal terjadi wanprestasi yang dilakukan oleh debitur maka upaya yang diambil oleh Bank yaitu melalui pemberitahuan keterlambatan pembayaran melalui panggilan langsung atau memberikan surat peringatan. Apabila belum dilakukan pembayaran setelah adanya surat peringatan upaya terakhir yang ditempuh yakni langkah penyelesaian dengan melakukan eksekusi terhadap benda jaminan fidusia baik melalui penjualan secara lelang umum atau penjualan dibawah tangan. Abstract Fiduciary guarantee is a guarantee given in the form of a fiduciary. Where this has been arranged fiduciary guarantee in Fiduciary law. This own fiduciary guarantee facility have legal certainty against the parties involved in the fiduciary guarantee by bank credit to the public as a financial institution, where the debtor further directed by the bank to adjust its facilities credit given by the banks. This fiduciary itself has been regulated in the law on Fiduciary Guarantee that serves to help business activities. This research discusses the fiduciary guarantee certificate that is registered by a financial institution after the tort, though there are rules concerning the grace period registration fiduciary guarantee so that later published the certificate of guarantee which has the force of law. This researh theme was chose because as time passes the human purposes and insufficient economic life needs are growing. The problem arises i.e. the law arising from fiduciary guarantee agreements and tort caused by the debtor. The activities of the Bank with a fiduciary warranty is performed by holding the principle of trust. In the event of a tort committed by the debtor then the efforts taken by the Bank through late payment notifications via direct calls or provide a warning letter. If payment has not been made after the warning letter last attempt taken i.e. step completion by performing the execution of object fiduciary guarantee either through public auction or sales under the hand.
Kebijakan Pembagian Hasil Pengelolaan Objek Wisata di Kabupaten Bangli
Luh Putu Suryani;
Ni Made Puspasutari Ujianti;
Ida Ayu Putu Widiati
KERTHA WICAKSANA Vol. 16 No. 1 (2022)
Publisher : Fakultas Hukum, Universitas Warmadewa
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DOI: 10.22225/kw.16.1.2022.51-56
The island of Bali is famous for its natural beauty. Likewise with Bangli Regency which is one of the regencies on the island of Bali which is famous for having water tourism destinations that are no less beautiful than other places on the island of Bali. Tibumana Waterfall is a tourist attraction managed by the traditional village through an agreement made between the traditional village and the Apuan village government through an agreement. On the basis of the agreement, the traditional village can better manage tourist objects and attractions, beautiful in accordance with the Hindu order, so that their uniqueness and beauty can be maintained and developed. The cooperation agreement between the Bendesa Adat Bangunlemah Kawan and the Perbekel of Apuan Village is in accordance with the anatomy of the contract which requires that the contract must include the scope, rights and obligations, provisions for force majeure and provisions for dispute resolution. The policy model in the distribution of the results of the management of tourism objects in the Tibumana waterfall does not reflect the principle of justice. To be more ideal, before the contract is drawn up, the Village Government forms a Village Regulation which regulates the management of tourism objects in the Apuan village area, because the opening of tourist objects to tourists will of course have a levy to be paid. For illegal levies, the retribution must go through a Village Regulation. After the village regulations are formed, contracts are drawn up to determine more concrete matters.
Korean Wave sebagai Instrumen Soft Power untuk Memperoleh Keuntungan Ekonomi Korea Selatan
Suryani, Ni Putu Elvina
Global: Jurnal Politik Internasional Vol. 16, No. 1
Publisher : UI Scholars Hub
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Korean wave is a term used to illustrate the product of South Korean pop culture that has been successfully exported to foreign countries in Asia, Europe, and America. By using the concept of 'soft power', this article argues that, while this phenomenon merely seems like an entertainment phenomenon, Korean wave has actually become a vital instrument that brings positive impacts towards the economic development of South Korea. The strategy to develop the Korean wave as a soft power instrument is actually something that Indonesia must be able follow. This might be useful as an alternative strategy to optimize the role of Indonesian local culture as an effort to drive the national economy in order to face the current global challenges.
The Impact of Tourism Industry Development In Relation to Violations of Utilisation of Cliff Borders by Tourism Entrepreneurs
Luh Putu Suryani;
Ida Ayu Putu Widiati;
Indah Permatasari
Sociological Jurisprudence Journal Vol. 5 No. 2 (2022)
Publisher : Fakultas Hukum, Universitas Warmadewa
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DOI: 10.22225/scj.5.2.2022.126-132
It is undeniable that the development of the tourism industry can have both positive and negative impacts on the economic, socio-cultural and environmental sectors. In the context of Bali, development of tourism industry will certainly have impacts towards the development of tourism supporting facilities in the form of hotels, restaurants, entertainment and recreation and so on. The aims of this research are to examine the impacts of the development of the tourism industry in relation to violations of the utilisation of cliff borders by tourism entrepreneurs and the one that involves reconstruction of legal norms in accordance with the concept of sustainable tourism development. The research takes the type of empirical legal research. The results show that the existence of tourism supporting facilities on the cliff borders in turn brings about negative impacts on the environment. As a consequence, legal reconstruction is urgently needed by adding more detailed justifications related to the regulations regarding the cliff border areas. The legal reconstruction in question can be done by adding the provisions of Articles in Provincial and Regencial or Municipal Regulations, or can be executed through preparation or reconstruction of additional provisions of Articles in the Regencial or Municipal Spatial Detail Plan or through zoning regulations based on sustainable tourism development.