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Eksistensi Ombudsman Republik Indonesia Dalam Pengawasan Terhadap Lembaga Pelayanan Publik
Putri, Ni Nyoman Wulan Prasintya;
Budiartha , I Nyoman Putu;
Suryani, Luh Putu
Jurnal Analogi Hukum 369-375
Publisher : Fakultas Hukum Universitas Warmadewa
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DOI: 10.22225/ah.3.3.2021.369-375
Less optimal control function has been done by institutions existing oversight led to still many irregularities in the awarding of public service to the community, such fraud commonly called the behavior of maladministration. This is what inspired the creation of the Ombudsman of the Republic of Indonesia. The problem is how the Ombudsman RI authority in exercising oversight over public services organized by the State? and how is the position of Ombudsman RI in RI constitutional arrangement to achieve good governance in Indonesia ? The type of research in this thesis is the type of normative research, to approach the problem approach is the approach of legislation and conceptual approaches. The existence of the Ombudsman of the Republic of Indonesia can be seen from the implementation of the Ombudsman's supervisory function which has a good impact, this can be seen from the creation of good public services in accordance with the law and good governance. contained in the Ombudsman Law of the Republic of Indonesia Number 37 of 2008 Article 6, Article 7, and Article 8 in receiving reports of alleged maladministration.
Tinjauan Yuridis Tindak Pidana Pencabulan Terhadap Anak
Brahmanta, I Gusti Ngurah Agung Sweca;
Dewi, Anak Agung Sagung Laksmi;
Suryani, Luh Putu
Jurnal Analogi Hukum 355-362
Publisher : Fakultas Hukum Universitas Warmadewa
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DOI: 10.22225/ah.3.3.2021.355-362
The increasing crime rate in Indonesia has resulted in the emergence of various modus operandi in the occurrence of criminal acts, one of which is the crime of child molestation. Child molestation can damage the order of family life, the community environment and the school environment, even directly or indirectly a threat to the continuity of development and the future of children who are the next generation of the Indonesian nation and state. The research is to determine the qualifications of acts of sexual abuse against children in the view of criminal law and to determine the application of the law to perpetrators of criminal acts of sexual abuse against minors. The research method used is normative legal research. Issues are discussed based on the laws and regulations. Legal materials use primary and secondary legal materials. The conclusion of this study is the qualification of acts of sexual abuse against children in the view of criminal law. The application of law against perpetrators of criminal acts of obscenity against minors, namely by providing sanctions in accordance with Law no. 23 of 2002 concerning Child Protection, including the provision of imprisonment and fines.
Perlindungan Hukum Terhadap Anak Korban Tindak Pidana Kekerasan (Child Abuse) di Indonesia
Karang , I Gusti Ngurah Agung Bija;
Sugiartha, I Nyoman Gede;
Suryani, Luh Putu
Jurnal Analogi Hukum 350-354
Publisher : Fakultas Hukum Universitas Warmadewa
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DOI: 10.22225/ah.3.3.2021.350-354
Violence against children that occurs in Indonesia a lot occurs because of the lack of awareness of parents or child caretakers towards the protection of children. Violence that often occurs includes physical, emotional, sexual and neglect of children, which is included in the violence of the criminal act of child abuse. The need for the application of a legal basis for acts of violence against children child abuse in Indonesia to prevent the development of such cases. So with that, the formulation of the problem in this study is how the legal arrangements for perpetrators of criminal acts of violence against child abuse in Indonesia are and how is the process of criminal sanctions against perpetrators of child abuse. The research methodology used is normative law. The results of this study describe that acts of child abuse in Indonesia can be protected through the legal basis of Law Number 35 of 2014 concerning Child Protection which has criminal sanctions on the perpetrators which are regulated in Article 80.
Sanksi Pidana bagi Pelaku Tindak Kecurangan dalam Perekrutan Calon Pegawai Negeri Sipil di Indonesia
Sanjaya, Anom Bagus;
Dewi, Anak Agung Sagung Laksmi;
Suryani, Luh Putu
Jurnal Analogi Hukum 1-5
Publisher : Fakultas Hukum Universitas Warmadewa
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DOI: 10.22225/ah.4.1.2022.1-5
The recruitment process for prospective civil servants in Indonesia is indeed very vulnerable to bribery, such as evidence of the problem of transparency in CPNS recruitment with cases of collusion involving government officials of the State Civil Apparatus who are proven to have accepted bribes and assisted prospective civil servants in a fraudulent manner. and causing a criminal act can be dismissed from his position, in accordance with Law Number 5 of 2014 concerning State Civil Apparatus. The formulation of the problem in this study are: 1) What is the arrangement for CPNS recruitment in Indonesia? 2) What are the criminal sanctions against perpetrators of fraudulent CPNS recruitment? The research method used is normative research with a statutory approach. Sanctions imposed on perpetrators of fraud are divided into two, namely administrative sanctions in the form of blacklist sanctions from the State Civil Service Agency which results in the perpetrators not being able to register to take the CPNS test for the rest of their life, Criminal sanctions imposed namely Law Number 11 of 2008 concerning Information and Transactions Electronic.
Tinjauan Yuridis Terhadap Tindak Pidana Pemalsuan Asal-Usul Seorang Anak dalam Putusan Perceraian
Putra, I Made Mudana Adi;
Dewi, Anak Agung Sagung Laksmi;
Suryani, Luh Putu
Jurnal Analogi Hukum 12-19
Publisher : Fakultas Hukum Universitas Warmadewa
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DOI: 10.22225/ah.4.1.2022.12-19
Counterfeiting committed by the medical personnel if the contents of the medical record contain some or all of the contents that are changed or made differently from medical actions carried out by the doctors or medical teams, it will have an adverse effect and even create disputes between the patient's family, and lead it into unclear identity. The formulations of the problem of this research are How is the legal regulation of the counterfeiting crime against the origin of a child? What are the criminal sanctions for counterfeiting the origin of a child when a divorce occur? This research has purpose is to find out the arrangements of legal for the counterfeiting crime of a child's origins and criminal sanctions against counterfeiting a child's origins a divorce occur. The benefits of this research can be used as a source of input, especially regarding the juridical review in divorce verdict. regulated in Law 36 of 2014 concerning 2014 Health Workers. contained in Article 84 which contains actions that occur due to negligence. The rules of origin, although not explicitly stated in the form of identity falsification or the origin of the child, are regulations related to falsification. The sanction for falsification of intentionally embezzling a person's origins is punishable by embezzlement of origin with a maximum imprisonment of six years.
Pelaksanaan Sistem Uji Kendaraan Bermotor dalam Mencegah Kecelakaan Lalu Lintas di Kota Denpasar
Setiawan, I Wayan Ary;
Widiati, Ida Ayu Putu;
Suryani, Luh Putu
Jurnal Analogi Hukum 71-75
Publisher : Fakultas Hukum Universitas Warmadewa
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DOI: 10.22225/ah.4.1.2022.71-75
The road traffic and transportation system has a strategic role as a means of facilitating the flow of goods and services transportation. In carrying out the implementation of traffic rules, all levels of society must pay attention to the safety of the community on the highway, as well as the achievement of welfare. How is the implementation of the motor vehicle testing system in the motor vehicle testing unit?, and How is the effectiveness of the motor vehicle testing system regulations and the obstacles faced in preventing traffic accidents in Denpasar City?. The empirical method was chosen to conduct this research, by interviewing the informants directly is one of the empirical methods used. By interviewing resource persons who are experts in the motor vehicle test system to ensure passenger safety and minimize road accidents. The results of the study indicate that the implementation of the motor vehicle testing system in the motor vehicle testing unit based on Law Number 22 of 2009 concerning Road Traffic and Transportation related to Article 49 concerning Motorized Vehicle Testing is still not effective in its implementation.
Tanggung Jawab Rumah Sakit Terhadap Kerahasiaan Rekam Medis (Medic Record) di Masa Pandemi Covid-19
Bagaskara, Made Bayu;
Dewi, A. A. Sagung Laksmi;
Suryani, Luh Putu
Jurnal Analogi Hukum 26-30
Publisher : Fakultas Hukum Universitas Warmadewa
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DOI: 10.22225/ah.4.1.2022.26-30
Medical history is a file that contains important records or documents that contain the patient's identity in the examination, treatment, actions and services that have been provided to the patient. Medical records have a great influence on the legal relationship between hospitals and patients. This study examines two things, namely the legal arrangements related to the management of hospital patient files and the responsibility of the hospital to disclose the secret of medical records. The purpose of this study was to analyze the hospital's responsibility in the event of data leakage from the patient's medical history. This type of research is normative legal research, with an emphasis on legislation and literature studies, analyzing and revising applicable legal norms as the basis for problem solving. The results of the study indicate that the legal provisions contained in Article 58 of Law no. 36 of 2009 concerning health, hospitals can be sued for negligence in health services, including leaking medical secrets. And regulated in Article 58 of Law no. 36 of 2009 concerning Health, the hospital can be sued for compensation caused by errors or omissions in health services, including for leaking medical secrets.
Penyelesaian Sengketa Proses Pendaftaran Tanah Sistematis Lengkap (PTSL) Berdasarkan Peraturan Menteri Agraria Nomor 6 Tahun 2018
Kosalya , I Gusti Ayu Agung;
Dewi, Anak Agung Sagung Laksmi;
Suryani, Luh Putu
Jurnal Analogi Hukum 76-81
Publisher : Fakultas Hukum Universitas Warmadewa
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DOI: 10.22225/ah.4.1.2022.76-81
Land registration which aims to provide legal certainty is known as Rechts Cadaster / Legal Cadastre. The guarantee of legal certainty to be realized in this land registration includes the certainty of the rights registered. The formulation of the problem in this study is: how is the strength of physical and juridical data on the process of registering land rights in light of the Guideline of the Priest of Agrarian Undertakings and Spatial Preparation of the Republic of Indonesia Number 6 of 2018 concerning Total Methodical Land Enlistment (PTSL) and how is the settlement interaction for land freedoms questions in view of the Guideline of the regulation of Agrarian Issues and Spatial Preparation of the Republic of Indonesia Number 6 of 2018 concerning Total Orderly Land Enrollment (PTSL). The strength of physical and juridical data on the process of registering land rights in Gianyar Regency from regulation of Agrarian Issues and Spatial Preparation of the Republic of Indonesia Number 6 of 2018 The process of resolving on a plot of land for dispute resolution which is resolved through non-litigation channels by calling the two parties concerned to the BPN office for deliberation or mediation.
Upaya Badan Narkotika Nasional Provinsi Bali dalam Menanggulangi Tindak Pidana Penyelundupan Narkotika oleh Warga Negara Asing
Pramana, Gede Esa Surya;
Dewi, A.A Sagung Laksmi;
Suryani, Luh Putu
Jurnal Analogi Hukum 31-36
Publisher : Fakultas Hukum Universitas Warmadewa
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DOI: 10.22225/ah.4.1.2022.31-36
Narcotics smuggling carried out by foreigners is strictly prohibited in Indonesia, narcotics crime in society shows a tendency to increase narkotika this international crime enemy for country in the word. The National Narcotics Agency (BNN) is the front line in the fight against narcotics crimes, especially in the case of narcotics smuggling by foreigners. This thesis discusses the efforts of the Bali Province National Narcotics Agency in tackling Narcotics smuggling by foreigners and criminal sanctions if foreigners are caught smuggling Narcotics. This study uses an empirical legal research type with a sociological legal approach. The results of this study are the efforts of the Bali Province National Narcotics Agency in tackling Narcotics smuggling by foreigners by carrying out preventive and repressive efforts and criminal sanctions if foreigners are caught smuggling narcotics, namely imprisonment, fines, principal crimes and additional penalties.machine detection devices X-Ray at Ngurah Rai Airport and to foreigners not to try to smuggle narcotics because they contain opiate substances such as cigarettes that endanger themselves and others and if caught smuggling narcotics subject to imprisonment, fines , principal punishment, and additional punishment.
Peranan Badan Permusyawaratan Desa dalam Menampung dan Menyalurkan Aspirasi Masyarakat di Desa Sumerta Kelod
Wianta, I Made Prama;
Dewi, Anak Agung Sagung Laksmi;
Suryani, Luh Putu
Jurnal Analogi Hukum 82-87
Publisher : Fakultas Hukum Universitas Warmadewa
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DOI: 10.22225/ah.4.1.2022.82-87
The emergence of the Village Consultative Body (BPD) gives its own color to democratic life, because the main purpose of establishing the Village Consultative Body is to create democracy in the village. In this case, the Village Consultative Body has the function of establishing Village Regulations. This study aims to determine the role of the Village Consultative Body (BPD) when accommodating and channeling community aspirations. Using the empirical method, we can formulate the formulation of the problem, namely: (1) What is the role of the Village Consultative Body in accommodating and channeling the aspirations of the community in Sumerta Kelod village (2) What are the constraints of the Village Consultative Body in accommodating and channeling community aspirations in Sumerta Kelod village, and this research using empirical methods. The conclusion in this study in outline is that the function that has been carried out by the Sumerta Kelod Village Consultative Body (BPD) is currently going well and has been running according to the procedure, although there are still some obstacles, namely, lack of coordination, lack of understanding of the Sumerta Kelod Village community with limitations. -restrictions on the duties and authority of the BPD, and there are still very few discussion forums with other villages.