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All Journal Awang Long Law Review Budapest International Research and Critics Institute-Journal (BIRCI-Journal): Humanities and Social Sciences Jurnal Konstruksi Hukum Jurnal Interpretasi Hukum Jurnal Preferensi Hukum (JPH) Law Doctoral Community Service Journal Jurnal Kajian Hukum Dan Kebijakan Publik Community Service Journal of Law
I Nyoman Gede Sugiartha
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Religion Arts Humanities Economics, Econometrics & Finance Education Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences

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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

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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.
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

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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.
Pemidanaan bagi Pelaku Tindak Pidana Perkosaan terhadap Penyandang Disabilitas A.A. Kompiang Dhipa Aditya; I Nyoman Gede Sugiartha; Ni Made Sukaryati Karma
Jurnal Konstruksi Hukum Vol. 1 No. 1 (2020): Jurnal Konstruksi Hukum
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/jkh.1.1.2121.7-12

Abstract

Persons with disabilities refer to people who have physical, intellectual, mental, or sensory deficiencies so that in living their lives they find hindrances, as an opposite to normal people. Oftentimes the persons with disabilities receive poor treatment in society, be it discriminatory treatment or criminal acts, one of which is rape. Unfortunately, criminal sanctions for perpetrators of rape against persons with disabilities in Indonesia have not been explicitly regulated. Grounded with this phenomenon, this study examines the legal protection for persons with disabilities as victims of the criminal act of rape and sanctions for the perpetrators of the said criminal acts. To achieve these goals, this study was conducted using a normative legal research method with a conceptual approach and a case approach. Legal protection for persons with disabilities is contained in Article 3 and Article 5 Paragraph (2) of Law Number 8 of 2016 which regulates the rights and legal protection for persons with disabilities as victims of criminal acts. Protection for the rape victims takes the form of restitution and rehabilitation assistance. Sanctions for the perpetrators of the criminal act of rape against persons with disabilities have not been regulated strictly. In the Criminal Code, the criminal acts of rape are regulated in general sphere that is in Articles 285, 286, 287, 288. Thus, the legal protection for persons with disabilities aims to safeguard and maintain the persons with disabilities from the criminal acts of rape. In the Cassation Decision Number 736K/PID/2013 PN Cn, the sanction for perpetrators of rape against persons with disabilities is the imposition of sanctions in the provisions of Article 285 of the Criminal Code.
Penerapan Sanksi Adat Kasepekang di Desa Adat Tanjung Benoa Kecamatan Kuta Selatan Kabupaten Badung I Gede Yoga Paramartha Duarsa; I Nyoman Gede Sugiartha; Diah Gayatri Sudibya
Jurnal Konstruksi Hukum Vol. 1 No. 1 (2020): Jurnal Konstruksi Hukum
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/jkh.1.1.2151.170-175

Abstract

The customs and habits of the Hindu community in Bali are basically fostered, maintained, and led by an institution called Desa Adat, which is a village with a different position and function from the official village (government administrative village). There are regulations in the Balinese Traditional Village that must not be violated. If a violation is found, it will be given one of the sanctions, namely Kasepekang. Kasepekang is a Balinese customary sanction, where the recipient of the sanction will be excommunicated, exiled or terminated from activities in the village (Madesa). This is because the perpetrator has repeatedly violated the rules of the traditional village (outrageous), so that this sanction is deemed appropriate. If a person or group of village members is deemed to have violated legal norms, it is called “awig-awig” in the Balinese traditional language. This study aims to determine the application of customary sanctions as well as obstacles in the application of customary sanctions in the Tanjung Benoa Traditional Village, South Kuta District, Badung Regency. This research method uses an empirical method that is guided by data collection techniques by direct interviews with those who are competent using the receptio theory, the theory of receptio in complexu in the concept of a rule of law to examine the current phenomenon in the orderliness of the life of the Tanjung Benoa Traditional Village community which is based on regulations. Bali Region Number 4 of 2019 concerning Traditional Village. The results showed that the implementation of the Kasepekang customary sanctions in the Tanjung Benoa Traditional Village was carried out by the traditional leaders, namely Kelihan Banjar or Kelihan Adat with several stages in the form of giving advice (pitutur ayu), giving a warning (penglemek) to being excluded (Kasepekang) from the activities of community social organizations. banjar. It is hoped that people will become aware of and follow what the Banjar Adat community has agreed to do.
Sanksi Pidana terhadap Pelaku Tindak Pidana Penipuan dalam Pencucian Uang Pada PT. Purnama Kertasindo Jakarta Timur I Made Ngurah Adi Kusumadewa; I Nyoman Gede Sugiartha; I Made Minggu Widyantara
Jurnal Konstruksi Hukum Vol. 3 No. 1 (2022): Jurnal Konstruksi Hukum
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/jkh.3.1.4417.178-183

Abstract

That fraud is listed in the Criminal Code (KUHP) Chapter XXV bedrog Article 378 which is an act that seeks self-profit by violating the law, using deceit, and using a series of lies. Meanwhile, money laundering is included in Law No. 8 of 2010 which means all actions related to placing objects of property originating from criminal acts. The problems are 1) What is the form of criminal sanctions against perpetrators of fraud in money laundering? And 2) What are the legal considerations of the panel of judges in making decisions against perpetrators of fraud in money laundering at PT. PURNAMA KERTASINDO EAST JAKARTA?. The method used is the normative method. Fraud has the aim of possessing property to benefit oneself in the form of money or objects in an illegal manner. This can cause a person to commit fraud which is usually the case and will also lead to other irregularities such as money laundering. Imprisonment sanctions are often used to punish deviant criminals.
Penerapan Sanksi Adat Bagi Pelaku Persetubuhan terhadap Anak Kandung di Desa Tulikup Gianyar Ni Made Ayu Trimayukti; I Nyoman Gede Sugiartha; I Ketut Sukadana
Jurnal Interpretasi Hukum Vol. 1 No. 1 (2020): Jurnal Interpretasi Hukum
Publisher : Fakultas Hukum, Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/juinhum.1.1.2212.204-209

Abstract

Sexual intercourse with children is a very cruel crime especially the perpetrators of the crime of sexual intercourse against the child is the biological father of the victim. The Criminal Law Code has regulated the act of sexual intercourse namely Article 284-288. The specific crime of sexual intercourse with children has also been regulated in Law No. 35 of 2014 concerning Child Protection. The people of Bali believe in the existence of a scale and noetic which, if something goes wrong, is believed to disturb the magical balance. In customary law, sexual intercourse with biological children is included in the Gamia Gemana offense and has been regulated in Awig-awig Desa Adat Tulikup Kelod. Based on these problems, this study was made with the aim of uncovering the factors that caused the crime of sexual intercourse against biological daughter in the village of Tulikup Gianyar and how the application of traditional sanctions for perpetrator of intercourse against a biological daughter in the village of Tulikup Gianyar. This research employed empirical research methods by analyzing quantitative data. The results of the study stated that the sexual needs that were not fulfilled by the wife, the low awareness of the perpetrator in the application of religious teachings, and the condition of the house which was always quiet were the causes of intercourse against a biological daughter in the village of Tulikup Gianyar. In addition to being subjected to positive sanctions in the form of imprisonment and fines, the perpetrator of sexual intercourse against biological children in Tulikup Village was also subject to sanctions that have been regulated in Awig-awig Kelik Tulikup Adat Village namely in the form of Sangaskara Danda (sanctions in the form of ceremonies) which must be carried out by the perpetrator and also the victim.
Penyalahgunaan Perbincangan Interaktif dalam Aplikasi Sugar Live sebagai Media Komunikasi yang Bermuatan Tindak Pidana Pornografi (Studi Kasus Putusan Pn Semarapura No.48/Pid.B/2021/Pn Srp) Komang Arya Ananta Setyawan; I Nyoman Gede Sugiartha; I Made Minggu Widyantara
Jurnal Interpretasi Hukum Vol. 3 No. 1 (2022): Jurnal Interpretasi Hukum
Publisher : Fakultas Hukum, Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/juinhum.3.1.4733.143-147

Abstract

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

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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

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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

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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.
Co-Authors A.A. Kompiang Dhipa Aditya Agus Wija Atmaja Anak Agung Made Angga Harta Yana Ayu Prasetya Dewi Carmelita Juliana Putri Benny Cok Rai Kesuma Putra Dewi, A.A Sagung Laksmi Diah Gayatri Sudibya Ferdinandus Kila Gede Agung Wirawan Nusantara I Dewa Gede Atmadja I G A A Gita Pritayanti Dinar I G.A.A.Gita P.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