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Journal : Jurnal Preferensi Hukum (JPH)

Pertimbangan Hakim dalam Penilaian Alat Bukti Surat pada Perkara Penetapan Ahli Waris Ni Made Sinthya Kusuma Arisanthi; I Nyoman Putu Budiartha; I Nyoman Gede Sugiartha
Jurnal Preferensi Hukum Vol. 2 No. 1 (2021): Jurnal Preferensi Hukum
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (201.852 KB) | DOI: 10.22225/jph.2.1.3053.99-103

Abstract

In Heritance is everything in the form of treasure relics left by the heir to the beneficiary, which is that this inheritance can be moving objects and the objects do not move or be rights and obligations. Lately very many disputes arising in consequence in the dividing of the inheritance, which, between the rights and obligations of the unbalanced or in the dividing of the inheritance that is not in accordance with the wishes of the heirs. The dividing of inheritance should be using wills avoiding disputes among the heirs, the absence of a will the heir must prove with evidence of tools that have been specified in the law. One tool evidence supports a very authentic and has the power of proof most perfect IE tool written evidence or mail. From the background of the above, the authors take the title Considerations in the Assessment of the Evidence the Judge a Letter in the Case of Determination of Heirs. In this study, used normative research, so that it can be formulated as follows: the issue of whether the evidence of a letter submitted by the applicant was the beneficiary designation in accordance with the law of civil liability, as well as how the Tribunal judges considering the evidence a letter to grant the petition for dermination of the heirs, from the formulation of the problem can be explored regarding the evidence of tools able to convince at the same time as the consideration of judges in disconnected things of the expert determination the heir. The goals of this research are: to know the strength of the evidence of a letter in the system of succession in Indonesia, as well as to know the legal reasoning used by the judge as the consideration.
Penerapan Diversi melalui Pendekatan Keadilan Restoratif (Restorative Justice) pada Anak Pelaku Penyalahgunaan Narkotika Putu Ayu Sarina Selsa Oktaviani; Anak Agung Sagung Laksmi Dewi; I Nyoman Gede Sugiartha
Jurnal Preferensi Hukum Vol. 2 No. 1 (2021): Jurnal Preferensi Hukum
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (181.481 KB) | DOI: 10.22225/jph.2.1.3068.202-206

Abstract

This research aims to find out how implementation of the diversion of the perpetrators of the abuse of narcotic drugs by using the method of the approach of restorative justice by involving the perpetrator, the victim, the family of the offender or the victim, community counselors and professionals. The research method used is the normative legal research with approach of legislation, articles as well as the doctrine or the views from experts associated with the diversion and narcotic in children. With regard to the handling of child abuse of narcotic drugs, the problems in this thesis is the arrangement of diversion by law about the criminal justice system of the child and the application of diversion through approach restorative justice in the criminal offence of child perpetrator of abuse of narcotic. The settings regarding diversion here is actually a settling criminal acts with children outside of the criminal justice process. Where the diversion can be carried out against the perpetrator of the crime that the threat of punishment of less than 7 (seven) years and is not a repetition of the crime. Against the application of the abuse of narcotics diversion for children conducted through deliberation in accordance whit the provisions of article 8 of law about the criminal justice system so that children can make a deal with diversion consider the child’s interests, in this case intended to avoid and keep children from the judicial process. In terms of the results of the diversion agreement already agreed upon with the parties where the implementation of the outcome of the diversion agreement would of course also have to be monitored both from the elderly, the environment, and investigators also rehabilitation center to ascertain if the result of the diversion deal was already done by the child and reported to the Chairman of the District Court where the implementation of such diversion is implemented.
Pertanggungjawaban Pidana Pelaku Tindak Pidana Korupsi Dana Hibah Pengadaan Bibit Sapi (Studi Putusan Nomor 1/Pid.Sus-TPK/2019/PN Dps) I Kadek Edy Sanjaya; I Nyoman Gede Sugiartha; Ida Ayu Putu Widiati
Jurnal Preferensi Hukum Vol. 1 No. 1 (2020): Jurnal Preferensi Hukum
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (297.78 KB) | DOI: 10.22225/jph.1.1.1982.39-45

Abstract

This study aims to analyze the "Criminal Accountability of Corruption Actors in Grants for Beef Procurement Grants". Legal issues arising from this study include: How is the arrangement of grants and their relationship with criminal acts of corruption, as well as criminal liability for perpetrators of corruption in the procurement of cattle (Decision Number 1/PPid. Sus-TPK/2019/PN Dps). The research method used in this research is normative legal research with statutory, conceptual and case approaches. Based on the results of this study, it can be concluded several things: 1) Grant arrangements are regulated in Article 1666, 1682 and 1682 of the Civil Code; 2) The relationship between grants and corruption related to grants is a wet field that is used by individuals to commit corruption. 3) Based on Decision Number 1 / Pid.Sus-TPK / 2019 / PN Dps, the defendant is proven to have violated Article 3 in conjunction with Article 18 of Law Number 31 of 1999 concerning Eradication of Corruption Crimes in conjunction with Law Number 20 of 2002. Form of criminal liability the perpetrators of corruption in the form of imprisonment for 2 (two) years and 4 (four) months minus the temporary detention period and based on orders so that the defendant remains in custody and a fine of Rp 50,000,000 (fifty million rupiah) subsidair 2 (two) a month of confinement, and is charged to pay a replacement money of Rp 127,350,000 (one hundred twenty seven million three hundred fifty thousand rupiah). The advice that can be given to the reader is through education and exemplary attitude from the leader who becomes the main spear as a reflection of the government towards the next generation. For further researchers who will examine the crime of corruption in order to dig deeper about how the government plays a role in efforts to prevent corruption
Proses Penyitaan Barang Bukti Dalam Tindak Pidana Narkotika I Kadek Sudikma; I Ketut Sukadana; I Nyoman Gede Sugiartha
Jurnal Preferensi Hukum Vol. 1 No. 1 (2020): Jurnal Preferensi Hukum
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (227.364 KB) | DOI: 10.22225/jph.1.1.1983.46-51

Abstract

The police force is a government agency that has the authority to conduct foreclosures. Foreclosures that are carried out must meet elements of a criminal offense. One example of confiscation carried out by the Police is confiscation carried out in the case of abuse of Narcotics. The purpose of this study is to describe the regulation of criminal law against narcotics crimes and to determine the authority of investigators in confiscating narcotics evidence and the process of confiscating narcotics evidence. The method used in this study is normative with a legislative approach that is relevant to the problem under study. The source of legal material used is library research or library research. After the legal materials are collected, they are analyzed qualitatively. The results of this study indicate that confiscation of evidence is a stage that is carried out is very determining the existence of a criminal act or not. If the evidence to determine the existence of a crime is very appropriate, then the evidence can be used to support other evidence. The process of confiscating evidence of narcotics crime can be carried out in four types of foreclosure, namely: Ordinary confiscation, Confiscation in a state of emergency, Confiscation of caught hands, Confiscation of Letters or other writings.
Sanksi Hukum terhadap Anggota Kepolisian yang Melakukan Pungutan Liar I Putu Gede Budihartawan; I Ketut Sukadana; I Nyoman Gede Sugiartha
Jurnal Preferensi Hukum Vol. 1 No. 1 (2020): Jurnal Preferensi Hukum
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (584.602 KB) | DOI: 10.22225/jph.1.1.1999.151-156

Abstract

Illegal levies commonly known as extortion are generally carried out by unscrupulous employees from an agency and even by unscrupulous officers, including police officers. The police officers who are tasked with protecting and protecting the public should not commit such illegal payments. This deviation committed by members of the police caused problems and unrest in the community. Based on this background, this research was conducted with the aim of describing how the regulation prohibits illegal levies on members of the Indonesian police force and how the legal sanctions against members of the police who carry out illegal levies. The research method used in this study was the normative method. In this study a statutory and conceptual approach was used. Prohibition of Illegal Levies is regulated in article 6 letter W of Government Regulation No.2 of 2003. Legal sanctions against members of the police who carry illegal levies are subject to the provisions of articles 368, 378, 423 of the Criminal Code. The regulation of prohibitions and sanctions against illegal levies must be emphasized so that irresponsible persons do not cause unrest in the community.
Pertimbangan Hakim dalam Memutus Tindak Pidana Pembobolan Bank melalui ATM Ida Ayu Gede Kristina Dewi; I Nyoman Gede Sugiartha; Ida Ayu Putu Widiati
Jurnal Preferensi Hukum Vol. 1 No. 1 (2020): Jurnal Preferensi Hukum
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (173.734 KB) | DOI: 10.22225/jph.1.1.2243.201-206

Abstract

Nowadays, advances in technology and information, criminal acts also often occur, automatic teller machines (ATMs) in the banking world are a form of Bank Customer Service that uses machines or can be said as well as electronic devices. Service is an important factor in attracting the attention of customers. Because of this technological sophistication as we know cyber crime, crime is a new form of contemporary crime that has been in the spotlight worldwide. Internet users here become victims because of crime through this electronic system by utilizing and seeing their virtual. In this research, there are at least two problems of violating the automatic cash register (ATM) account theft account: And (2) how is the judge's consideration in determining the crime of bank robbery through an ATM. The research method used is information retrieval using a normative approach based on legal sources, study of literature in studying the legal materials of the legislation as a process to find the rule of law, legal source collection techniques used in this research are records and documentation. Based on research it can be started that the criminal sanctions regulation against account robbery criminal acts. Through the Automatic teller Machine (ATM) in the Criminal Code law contained in Article 362 of the Criminal Code, in the ITE Law the theft is contained in Article 30 paragraph (1), Article 30 paragraph (3), Article 32 paragraph (2), Article 32 paragraph (3 ), Article 36. And there is an addition to Law Number 3 of 2011 concerning the transfer of theft funds contained in Article 81, Article 83 paragraph (1), Article 83 paragraph (2), decision number: 688 / PID. B / 2012 / PN. The judge ruled the case that the defendant was firmly proven legally and convincingly guilty of committing a crime against the law of buying, renting, exchanging, accepting as a promise, accepting as a gift or by accepting as a gift or in the hope of getting a profit selling, saving, exchanging, mortgaging, transported, stored or hidden items.
Penggelapan Penggunaan Jabatan di Lingkungan Perbankan dalam Menggandakan Rekening Bank Agus Wija Atmaja; I Nyoman Gede Sugiartha; I Wayan Arthanaya
Jurnal Preferensi Hukum Vol. 3 No. 2 (2022): Jurnal Preferensi Hukum
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55637/jph.3.2.4928.266-270

Abstract

This study aims to analyze and describe the embezzlement of the use of positions in the banking environment in doubling bank accounts. With the development of human civilization and technology, traditional methods and procedures are no longer used in this crime of embezzlement. One of the most modern ways is embezzlement by duplicating bank accounts with other names. This, but from the same owner. According to his explanation, there are two main problems. Namely, the regulation of criminal acts and criminal sanctions for embezzlement against the dual use of bank accounts. This study uses a normative legal study using a legal conceptual approach. The findings show that Article 374 reflects the regulation of the crime of embezzlement by using authorized bank accounts, as well as other crimes where the crime of embezzlement is mostly the crime of embezzlement. Will be sentenced to five years in prison for embezzlement of bank accounts, which exacerbates other elements of criminal threats in accordance with Article 374 of the Criminal Code.
Implikasi Pengurangan Pemakaian Plastik Sekali Pakai Terhadap Volume Sampah di TPA Suwung I Gusti Made Yudha Pramana; I Nyoman Gede Sugiartha; Luh Putu Suryani
Jurnal Preferensi Hukum Vol. 5 No. 2 (2024): Jurnal Preferensi Hukum
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/jph.5.2.8068.124-129

Abstract

The waste problem in Indonesia is getting worse, including the problem of landfills in Bali getting full every day. The waste problem is not only a matter for the government, but also for the community. The use of single-use plastics is an important thing that must be considered to find the best solution. This research aims to find out the legal policies that can help overcome the waste problem in Indonesia in general and Bali in particular. Based on this, this research will discuss how the impact of reducing the use of single-use plastics on the environment, society and its relation to storage in Suwung landfill and how the government's efforts as a policy maker in overcoming the problem of single-use plastic waste in Suwung landfill. The research method used is an empirical legal research method that uses a fact-based approach and analyzes legal concepts through social problems. The results obtained from this research are that the reduction in the use of single-use plastics provides a solution to the waste problem at Suwung Landfill so that less waste enters and if the reduction in the use of single-use plastics is applied more widely, plastic waste generation can be minimized, and regulations made by the government emphasize solutions from various aspects of the waste problem. However, many people still violate the regulations in the field.
Penanganan Kerusuhan Suporter Sepakbola yang Tidak Sesuai Dengan Standar Operating Procedure (SOP) I Made Jaya Wiguna; I Nyoman Gede Sugiartha; I Made Minggu Widyantara
Jurnal Preferensi Hukum Vol. 5 No. 2 (2024): Jurnal Preferensi Hukum
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/jph.5.2.8070.138-144

Abstract

Football is a sport favoured by the Indonesian people. And though it has not yet achieved anything as high as the world, it has been an entertaining spectacle, with many talents in their youth, a stadium with international standards, to huge fans, Excessive fanaticism supported the club's cause of aggressive behaviour that sparked a riot when the pride team lost. As for the problem formula: 1. How is the law handling football fans' riots? 2. How would a member of the police ban for operating a football riot operating out of the standard operating procedure, resulting in loss of life? It's a normative legal research method. As a result of the debate over the management of the football fans' uncontained head of officer no. 1 in the year 2009, section 19 of the FIFA stadium ordinance section 19 b, sanctions from the police's handling of the pro-porter riot are not consistent with the soup of the poll's taking disciplinary justice, general and ethics code. The writer suggests that the government supplement the stadium to international standards with numbered CCTV and extra seats for the game. In this paper, determined that law enforcers on deescalating chaos regarding the people’s safety, must following the standard that given by the legislators to ensure the objectives of law itself, to protect her people.
Analisis Yuridis atas Keabsahan Pertanggungjawaban Pidana terhadap Pelaku Tindak Pidana Pembobolan Sistem Data Keamanan Komputer (Cracking) Cok Rai Kesuma Putra; I Nyoman Gede Sugiartha; I Made Minggu Widyantara
Jurnal Preferensi Hukum Vol. 5 No. 1 (2024): Jurnal Preferensi Hukum
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/jph.5.1.8636.1-7

Abstract

Kejahatan digital merupakan salah satu dampak negatif dari perkembangan teknologi saat ini. Berbagai kejahatan digital seperti pembobolan dan peretasan data komputer yang dilakukan oleh seseorang akan dapat mengacu pada tindakan kriminal hingga dapat menimbulkan korban. Anak dari itu perlu adanya penegakan hukum agar tidak adanya tindakan kriminal melalui digital ini. Tujuan penelitian ini adalah untuk mengetahui pengaturan hukum tindak pidana pembobolan sistem keamanan data computer dan pertanggungjawaban hukum pelaku tindak pidana pembobolan sistem keamanan data komputer. Penelitian ini menggunakan tipe penelitian normatif dan pendekatan undang-undang dan konseptual. Hasil dari penelitian ini bahwa pengaturan tindak pidana pembobolan sistem keamanan data komputer diatur dalam undang-undang Nomor 19 Tahun 2016 tentang Informasi dan Transaksi Elektronik, Pasal 46 ayat (3) Setiap orang yang memenuhi unsur sebagaimana dimaksud dalam pasal 30 ayat (3) dipidana dengan pidana penjara paling lama 8 (delapan) tahun dan/atau denda paling banyak Rp 800.000.000 (delapan ratus juta rupiah).
Co-Authors A.A Sagung Laksmi Dewi A.A. Kompiang Dhipa Aditya Agus Wija Atmaja Anak Agung Made Angga Harta Yana Anak Agung Sagung Laksmi Dewi Ayu Prasetya Dewi Carmelita Juliana Putri Benny Cok Rai Kesuma Putra Diah Gayatri Sudibya Ferdinandus Kila Gede Agung Wirawan Nusantara I Dewa Gede Atmadja I G A A Gita Pritayanti Dinar I Gde Artha I Gede Sathya Narayana Andrade I Gede Yoga Paramartha Duarsa I Gusti Agung Ayu Candra Nigrat I Gusti Agung Ayu Gita Pritayanti Dinar I Gusti Agung Ayu Gita Pritayanti Dinar I Gusti Made Yudha Pramana I Gusti Ngurah Ananta Wardana I Kadek Dwi Melana Putra I Kadek Edy Sanjaya I Kadek Sudikma I Ketut Sukadana I Komang Aditya Sanjaya I Made Aditya Mantara Putra I Made Ananda Hardiantha I Made Arjaya I Made Jaya Wiguna I Made Minggu Widyantara I Made Minggu Widyantara I Made Ngurah Adi Kusumadewa I Nyoman Putu Budiartha I Nyoman Subamia I Nyoman Trian Prananta Wibawa I Putu Aditya Pramana I Putu Gede Budihartawan I Wayan Angga Pratama I Wayan Arthana I Wayan Arthanaya I Wayan Sunarta I.B Gede Agustya Mahaputra Ida Ayu Gede Kristina Dewi Josep Robert Khuana Kadek Dini Destianingsih Kadek Novita Dewi Kadek Widhiantari Ningsih Karma, Ni Made Sukaryati Ketut Adi Wirawan Komang Arya Ananta Setyawan Ni Komang Triana Diah Mahadewi Ni Luh Gita Saraswati Ni Luh Putu Amanda Cahayani Ni Made Ayu Trimayukti Ni Made Puspasutari Ujianti Ni Made Sinthya Kusuma Arisanthi Ni Nyoman Alit Meilinda Suasthi Pusaka, Semerdanta Putu Ayu Sarina Selsa Oktaviani Putu Suryani . Widiati, Ida Ayu Putu