Articles
Sanksi Pidana Terhadap Pelecehan Lambang Negara
Ayou Lestari Duarkossu;
Anak Agung Sagung Laksmi Dewi;
I Made Minggu Widyantara
Jurnal Interpretasi Hukum Vol. 2 No. 3 (2021): Jurnal Interpretasi Hukum
Publisher : Warmadewa Press
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DOI: 10.22225/juinhum.2.3.4134.544-549
The coat of arms is a representation of the country itself. Since the first, cases of abuse of state symbols often occur. So in this case, a firm criminal act is needed in an effort to minimize the case. The purposes of this study are to review law enforcement against harassment of state symbols and criminal sanctions against harassment of state symbols. This research method uses a normative legal research type with a statutory approach. The technique of obtaining legal materials in this research is done by document study and literature study. Sources of legal materials used are primary, secondary and tertiary sources of legal materials. The method used in processing and in data analysis used in this study is qualitative. The results of the study indicate that sanctions/law enforcement against harassment of state symbols in Indonesia are law enforcement as TNI/POLRI and the government is tasked with maintaining the security of the community and the state. So that there are no crimes of criminal acts committed by the community, and in order to bring order to security in the midst of society. Criminal sanctions due to criminal acts can be in the form of imprisonment and fines in accordance with the provisions stipulated in the laws and regulations regarding harassment of the Indonesian state symbol.
Peran Lembaga Pemasyarakatan dalam Memenuhi Hak Narapidana Perempuan Hamil dan Pasca Melahirkan
Desy Kristiani Rahma Putri;
Anak Agung Sagung Laksmi Dewi;
Ni Made Puspasutari Ujianti
Jurnal Interpretasi Hukum Vol. 2 No. 3 (2021): Jurnal Interpretasi Hukum
Publisher : Warmadewa Press
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DOI: 10.22225/juinhum.2.3.4135.550-554
The correctional system is a coaching effort carried out in correctional institutions in Indonesia, the guidance is intended for inmates who commit criminal acts and are sentenced to prison. In the coaching process, the inmates are protected and nurtured by correctional officers and their rights are protected as citizens. The purposes of this study are to reveal the rights of pregnant and postnatal female prisoners in the correctional facility as well as the implementation of granting the rights of pregnant and postnatal women inmates to women's prisons class II A Kerobokan. The research method used is empirical legal research with a sociological juridical approach. The technique of collecting legal materials is obtained directly through respondents or sources. Primary and secondary sources of legal materials were analyzed using descriptive analysis techniques. This study concludes that prisons have an important role in protecting and fulfilling the rights of prisoners themselves, especially pregnant and postpartum women, the protection of these rights is intended so that they receive humane treatment in prisons.
Tinjauan Yuridis Pertanggungjawaban Pidana Terhadap Ujaran Kebencian (Hate Speech) di Media Sosial
I Made Andy Sabda Permana;
Anak Agung Sagung Laksmi Dewi;
Ni Made Sukaryati Karma
Jurnal Interpretasi Hukum Vol. 2 No. 3 (2021): Jurnal Interpretasi Hukum
Publisher : Warmadewa Press
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DOI: 10.22225/juinhum.2.3.4137.562-566
Unlimited freedom of expression causes hate speech crimes to occur more and more in society, especially on social media, especially related to this crime, there is still no special regulation as a regulation in minimizing cases like this. The purposes of this study are to examine the legal regulation of hate speech crimes through social media and criminal liability for hate speech through social media. This study uses normative law through a statutory and conceptual approach based on primary and secondary legal materials with document studies, then the results are presented in a descriptive analysis. The results of the study show that the basis for violating the law for those who make hate speech on social media is based on Law No. 11 of 2008 concerning ITE and Law No. 19 of 2016 on amendments to Law No. 11 of 2008. In accordance with legal regulations Therefore, the responsibility for hate speech crimes on social media is regulated in Article 45A paragraph (2) of Law Number 19 of 2016 which will be given a maximum imprisonment of 6 years and/or a maximum fine of 1,000,000,000.00 (One Billion Rupiah).
Sanksi Pidana Bagi Kegiatan Mereview Suatu Produk Usaha di Media Sosial Tanpa Izin
Bagus Andika Artha Surya;
Anak Agung Sagung Laksmi Dewi;
Luh Putu Suryani
Jurnal Interpretasi Hukum Vol. 2 No. 3 (2021): Jurnal Interpretasi Hukum
Publisher : Warmadewa Press
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DOI: 10.22225/juinhum.2.3.4138.567-572
In the competitive world of business, one effective way as a means of promotion is reviewing or reviewing products, which are activities carried out by consumers to give their impressions and views about a product so that it becomes a consideration for other consumers before buying the product, but there are negative impacts from this activity, namely if it is misused by irresponsible persons, what happens is that the person gives a bad image to business actors because of these activities and affects consumers who will buy the product. The purpose of this study is to analyze the sanctions that can be imposed from reviewing or reviewing a product that has copyright without permission from business actors. This study applies a normative method with a statutory approach. Data collection techniques were carried out by examining existing library materials. The sources of law used are divided into two, namely primary and secondary sources of law which are then analyzed by methods of legal interpretation, legal argumentation, and legal construction. The results of the study reveal that the activity of reviewing a product is also regulated through Article 27 paragraph (3) of Law 19 of 2016 concerning amendments to Law Number 11 of 2008 concerning information and electronic transactions aimed at protecting brands from good name numbers.
Penegakan Peraturan Gubernur Bali Nomor 10 Tahun 2021 dalam Tatanan Kehidupan Era Baru
I Putu Aris Sedana Putra;
Anak Agung Sagung Laksmi Dewi;
Luh Putu Suryani
Jurnal Interpretasi Hukum Vol. 2 No. 3 (2021): Jurnal Interpretasi Hukum
Publisher : Warmadewa Press
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DOI: 10.22225/juinhum.2.3.4140.580-583
The emergence of the Covid-19 pandemic has claimed many lives and has an impact on all aspects of the state, the Indonesian Government issued Presidential Decree No. 11 of 2020 concerning Public Health Emergencies as a serious warning of health threats. Dishonesty in conveying information on patients suspected of being infected with COVID-19 is categorized as hindering the prevention of outbreaks that can threaten the lives of people around them, including the health workers who handle them. The act of obstructing the handling of the epidemic can be punished. The purposes of this study are to analyze the legal regulation of health protocols in the new life order and the sanctions for people who do not heed the Governor's Regulation No. 10 Year 2021 in Bali. This research method uses a normative legal research type with a statutory concept approach. Data collection techniques were carried out by examining existing library materials. The legal sources used are divided into two, namely primary and secondary legal sources which are then processed and analyzed systematically. The conclusion from the results of the research that has been carried out is that the application of strict sanctions to actions that hinder the prevention of epidemics is punishable by law number 4 of 1984 concerning Communicable Disease Outbreaks article 14 paragraphs (1) and (2). The government seeks to protect health workers as the vanguard of handling the threat of COVID-19 in a preventive and repressive manner. For this reason, it is necessary to disclose one's own health information by disclosing his health condition honestly to health workers to get the right treatment.
Efektifitas Perda Kabupaten Klungkung No 2 Tahun 2010 dalam Upaya Pelestarian Lingkungan di Pantai Watu Klotok
Ketut Danu Yudistira;
Anak Agung Sagung Laksmi Dewi;
Luh Putu Suryani
Jurnal Interpretasi Hukum Vol. 2 No. 3 (2021): Jurnal Interpretasi Hukum
Publisher : Warmadewa Press
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DOI: 10.22225/juinhum.2.3.4145.607-611
The environmental condition in Klungkung Regency has shown some signs of increasing environmental damage and pollution every year. To maintain and preserve the environment by the surrounding community, the Klungkung Regency Government issued Regional Regulation Number 2 of 2010 concerning Control of Environmental Damage and Pollution. The purposes of this study are to examine the effectiveness of Perda No. 2 of 2010 and to examine the obstacles in enforcing Perda No. 2 of 2010. This study was designed with empirical legal research with a statutory and conceptual approach. Data were collected through field interview techniques. The data used are primary and secondary data. After the research data was collected, the researchers then analyzed using descriptive qualitative methods. The results showed that the effectiveness of the Regional Regulation in an effort to stop the level of pollution on the Watu Klotok beach with preventive and repressive efforts through. Administrative sanctions in the form of verbal warnings, written warnings, criminal sanctions or civil fines for environmental damage or pollution. The obstacles in implementing this regional regulation are law enforcement officers, community culture, economy and public awareness. So that the effectiveness of the regulation has not been implemented effectively by law enforcers in terms of imposing sanctions. Therefore, the Klungkung Regency Government must be more firm and wise in implementing the existing legal regulations.
Eksploitasi Anak Sebagai Pedagang Asongan ditinjau dari UU Perlindungan Anak pada Masa Pandemi Covid-19
Cipta PutraI Ketut Wira Cipta Putra;
Anak Agung Sagung Laksmi Dewi;
Ni Made Sukaryati Karma
Jurnal Interpretasi Hukum Vol. 2 No. 3 (2021): Jurnal Interpretasi Hukum
Publisher : Warmadewa Press
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DOI: 10.22225/juinhum.2.3.4175.667-672
Legal arrangements for child exploitation during the Covid-19 pandemic have not yet been included in the Criminal Code (KUHP). So that parents who employ their children as hawkers are still free from legal snares and can easily justify economically. This study aims to examine the legal arrangements for perpetrators of criminal acts of child exploitation as hawkers and reveal criminal sanctions for perpetrators of acts of exploitation of children as hawkers during the Covid-19 pandemic. This research method uses normative legal research by applying a conceptual approach and legislation. The data used are primary, secondary and tertiary legal data obtained by the recording method. After the data has been collected, the next step is to process and analyze it in a systematic way with legal intervention. The results of the study show that legal arrangements for perpetrators of criminal acts of exploitation of children during the Covid-19 pandemic, one of which is child exploitation, are not specifically regulated in Article 13 of Law no. 35 of 2014 amendments to Law no. 23 of 2002 concerning Child Protection. Therefore, in this case there is a void of norms, but the crime of child exploitation based on the provisions of Article 103 of the Criminal Code states that crimes against children are a special crime. Related to criminal sanctions, they are sentenced to a maximum imprisonment of ten years or a maximum fine of Rp. 200,000,000.00 (two hundred million rupiah
Sanksi Pidana terhadap Anak di Bawah Umur yang Telah Melakukan Pencurian disertai Pembunuhan Seorang Gadis Pegawai Bank
Ni Made Ratna Pratiwi;
Anak Agung Sagung Laksmi Dewi;
I Made Minggu Widyantara
Jurnal Interpretasi Hukum Vol. 3 No. 1 (2022): Jurnal Interpretasi Hukum
Publisher : Warmadewa Press
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Criminal acts committed by minors are very worrying. Criminal acts committed by children are not only one type of crime, but also criminal acts such as theft accompanied by violence so that it takes a person's life. The purpose of this research is to analyze the factors that cause minors to commit the crime of theft with murder to find out criminal sanctions against minors who have committed the crime of theft accompanied by the murder of a bank employee girl. Using normative legal methods and approaches to legislation, facts, cases and analysis of legal concepts. This study uses qualitative analysis techniques. In this study there are three sources of material, namely primary data, secondary data and tertiary data. The primary legal materials are: the results of interviews with both informants and respondents, and the Law on the Juvenile Criminal Justice System. Sources of secondary legal materials in the form of data have properties as a complement to primary data such as: Legal journals, books, scientific works and materials on the internet as additional material. And the source of tertiary legal material is material that supports secondary material. The data collection technique is by observing, writing the observed results. The results show that the factors causing the perpetrators to commit the crime of theft accompanied by murder or theft with violence are: because the perpetrator has been known to be naughty since childhood, lack of education, comes from a broken home family, and economic factors . The crime of theft accompanied by violence resulting in the death of a person is sentenced to imprisonment for 7 (seven) years and 6 (six) months at the Child Correctional Institution in Karangasem
Tindak Pidana Pelanggaran Kekarantinaan Kesehatan yang Mengakibatkan Kedaruratan Masyarakat
Ida Ayu Sri Wahyuni;
Anak Agung Sagung Laksmi Dewi;
Luh Putu Suryani
Jurnal Interpretasi Hukum Vol. 3 No. 1 (2022): Jurnal Interpretasi Hukum
Publisher : Warmadewa Press
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Regulations that have been regulated by laws and regulations, namely the Health Quarantine have a solution to limit community activities in breaking the chain of the COVID-19 pandemic. This study aims to analyze the handling of criminal acts of violation of the Covid-19 health quarantine and discuss criminal legal sanctions in the event of a health quarantine violation. This research is part of normative legal research, research by collecting legal materials in the form of primary, secondary and tertiary legal materials using a library approach. The results of the study explain that Government Regulation in Lieu of Law (Perpu) Number 1 of 2020 concerning Financial Policy and Financial System Stability for Handling the Covid-19 Pandemic and/or in order to deal with threats that endanger the National economy and/or Financial System Stability, hereinafter referred to as Perppu No.1/2020). Criminal sanctions for violating health quarantine are regulated in Article 93 of Law no. 6 of 2018 concerning Health Quarantine, which regulates parties who violate Article 9 paragraph (1) are threatened with a maximum fine of 100 million