Articles
Perlindungan Hukum bagi Pencipta terhadap Buku Bajakan yang Dijual Melalui Media Online
Anggia Maharani Putri;
Anak Agung Sagung Laksmi Dewi;
Ni Made Puspasutari Ujianti
Jurnal Interpretasi Hukum Vol. 3 No. 1 (2022): Jurnal Interpretasi Hukum
Publisher : Warmadewa Press
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DOI: 10.22225/juinhum.3.1.4634.31-36
Indonesia as a legal state provides protection to the entire community, one of which is by providing legal protection for books as one of the copyrights. Book copyrights experience the most violations such as piracy. Many pirated books are traded through online media. The rise of pirated book sales activities through online media is important to raise this phenomenon into a study. This research aims to discuss legal protection for creators and examine the legal consequences of selling pirated books through online media. In this study using a normative legal research system with a library approach and legislation regarding copyright is needed in this research. Primary Legal Materials are the main legal materials in research obtained from legislation. The secondary legal materials contained in this study are in the form of literature books. Tertiary Legal Materials, namely supporting legal materials such as general dictionaries, legal dictionaries and encyclopaedias. The data collection technique using the method of quoting, summarizing. The result of this research shows that the protection given to the author against book piracy is to protect the moral rights and economic rights of the author so that only the author can get economic benefits from the work, not other parties. The legal consequences of selling pirated books are fines and imprisonment. It is hoped that the government can act more decisively in eradicating book piracy and the public can appreciate a creation more so that cases of book piracy in Indonesia can decrease
Penegakan Hukum Pidana terhadap Pelaku Vandalisme pada Rambu Lalu Lintas:
Kadek Putra Dwi Payana;
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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DOI: 10.22225/juinhum.3.1.4635.37-42
Vandalism has quite a negative impact on human life such as disrupting the function of public facilities, for example, vandalism in the form of graffiti on traffic signs which in addition to damaging the function of traffic signs can also endanger road users. Therefore, it is necessary to enforce the law on the crime of vandalism in order to provide a deterrent effect by giving sanctions to the perpetrators of vandalism. The purpose of this study is to determine the legal arrangements against vandalism perpetrators on traffic signs and to discuss criminal sanctions that can be imposed on perpetrators of vandalism on traffic signs. The research method that the author uses is normative legal research. The sources of legal material in this study consist of secondary, primary and tertiary legal sources used in this study. These materials are collected by means of recording techniques, file systems, and document studies which will be analyzed systematically. in Article 275 paragraph (2) of Law Number 22 of 2009 concerning Road Traffic and Transportation. The author suggests to the government to immediately make a specific law, and the public to immediately report it to the authorities if there are acts of vandalism
Sanksi Pidana terhadap Pelaku Tindak Pidana Pembunuhan dengan Mutilasi dalam Hukum Pidana Indonesia
I Made Yasa Wahyuda;
Anak Agung Sagung Laksmi Dewi;
Diah Gayatri Sudibya
Jurnal Interpretasi Hukum Vol. 3 No. 1 (2022): Jurnal Interpretasi Hukum
Publisher : Warmadewa Press
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DOI: 10.22225/juinhum.3.1.4638.55-59
Murder by mutilation is a fairly heinous act where this murder is carried out by starting with the disappearance of a person's life then followed by the cutting of the victim's body from the head to the whole body. This was done to erase traces of murder. Mutilation when viewed in Indonesian criminal law is not clearly regulated so that in giving sentences to perpetrators it is also sometimes less stable, this results in concern and discomfort among the community if the perpetrator is not punished severely. Therefore, this research examines the regulation of the crime of murder by mutilation in Indonesian criminal law and analyses the criminal sanctions against perpetrators of the crime of murder by mutilation in Indonesian criminal law. The research method used is normative legal research using a statutory approach and a conceptual approach. The primary legal material of this research is sourced from regulations related to cases, the secondary legal material of this research is sourced from law books, legal journals. Data collection techniques using the method of quoting, summarizing and providing reviews. The results obtained from the formulation of the problem, namely the legal arrangements and sanctions imposed on perpetrators of murder by mutilation can be linked to articles 338 and 340 of the Criminal Code as well as examples of cases contained in the decision Number: 44/ PID.B/2014 /PN Srp Semarapura Klungkung
Pemotongan Upah Tenaga Kerja di Pt Dewata Gassari Bali dalam Situasi Pandemi Covid 19
Ida Bagus Ari Nugraha;
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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PT Dewata Gassari Bali enthroned at the Denpasar dam, held the same company color as the sale of LPG airflow. During Covid-19, it was seen that employers changed the regulations for giving fatigue medicine and alarms for work ahead of the rubber of their workers. The spread of COVID-19 has also resulted in a number of places visited decreasing so that the products marketed experience a drastic decline in sales. This results in a decrease in the price of goods marketed by certain companies. As a result of the losses suffered by the company, they made the decision to Termination of Employment (PHK) and Work from Home (WFH). This study aims to reveal the procedures for the implementation of payment of wages, protection of work status, and remuneration of workers at PT Dewata Gassari Bali. The method used in this analysis is institutional analysis which is empirically motivated by approaching reality and approaching the rule of law using a juridical approach. Sources of data in this study are primary data and secondary data. Data were analyzed by being collected, described and arranged descriptively and then systematized. The results of this study indicate that the cutting of fatigue medication and the dismissal of a number of employees are due to the company's finances being unstable
Pengaturan Hukum Tindak Pidana Pengambilan Paksa Jenazah Positif Covid 19
Putu Ryan Baskara;
Anak Agung Sagung Laksmi Dewi;
Ni Made Puspasutari Ujianti
Jurnal Interpretasi Hukum Vol. 3 No. 1 (2022): Jurnal Interpretasi Hukum
Publisher : Warmadewa Press
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Covid 19 is an acute respiratory tract infection caused by a virus called SARS-CoV-2. During the current pandemic, if a body dies in a positive state of COVID-19, a funeral will be carried out in accordance with health protocols. This study aims to find out how the legal regulation of the criminal act of forced retrieval of COVID-19 positive bodies and criminal sanctions for perpetrators of forced retrieval of COVID-19 positive bodies. This research uses a normative legal research method with a statutory approach, a case approach and a conceptual approach. Sources of data used are primary, secondary, tertiary data sources obtained from the recording and citation of relevant laws. The results of this discussion explain that the legal arrangement for the forced retrieval of Covid 19 bodies is regulated in Law Number 4 of 1984 on infectious disease outbreaks and perpetrators who forcibly take away the bodies of Covid 19 may be subject to criminal sanctions contained in Article 170 of the Criminal Code, Article 211 of the Criminal Code Jo. Article 335 of the Criminal Code jo. Article 336 of the Criminal Code jo. Article 93 of Law Number 6 of 2018 concerning Health Quarantine
Sanksi Pidana terhadap Pelaku Perburuan Gading Gajah di Indonesia
Made Dwi Mahayuni Dharmayanti;
Anak Agung Sagung Laksmi Dewi;
I Nyoman Sutama
Jurnal Interpretasi Hukum Vol. 3 No. 1 (2022): Jurnal Interpretasi Hukum
Publisher : Warmadewa Press
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DOI: 10.22225/juinhum.3.1.4738.164-168
Humans as social beings have different behaviors, traits and attitudes from one another. Humans do various ways to meet their needs, one of which is hunting. Hunting for elephant tusks is one of the causes of the decline in the elephant population. Thus, criminal sanctions against the perpetrators are one of the things that need to be considered to keep the elephant population from becoming extinct. This research aims to reveal the form of criminal sanctions against perpetrators of poaching elephant ivory in Indonesia. The method used is a normative legal research method with an approach to legal norms in accordance with the applicable laws and regulations. Sources of data used in the form of primary, secondary and tertiary data. Data were analyzed by descriptive method. The analyzed data reveals that the legal regulation regarding the prohibition of hunting for elephant ivory in Indonesia is contained in Article 21 paragraph (2) of Law Number 5 of 1990 and Article 17 jo. Article 20 of Government Regulation Number 13 of 1994. Criminal sanctions against perpetrators of poaching elephant ivory are regulated in Article 40 of Law Number 5 of 1990. Law enforcers are expected to provide the fairest sanctions and can provide a deterrent effect to perpetrators so that perpetrators and potential perpetrators do not do the same thing.
Pengelolaan Sampah dalam Upaya Pengendalian Pencemaran Lingkungan oleh Desa Adat Padangtegal, Kecamatan Ubud, Kabupaten Gianyar
I Kadek Purwadi Putra;
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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DOI: 10.22225/juinhum.3.1.4743.193-198
Indonesia is a country that is ranked 4 (four) in the world, so it cannot be denied that the problem of waste is a complex problem faced by the Government, waste is one of the biggest problems that are often encountered by people in other parts of the world, waste itself is a leftover from activities and activities. human consumption, which has been wasted and has no economic value anymore. Garbage is a problem faced in almost all parts of the world. Seeing the many waste problems that occurred, the Padangtegal Traditional Village built a Compost House as a form of the Village's concern for the waste problem. This study aims to examine environmental pollution by the traditional village of Padangtegal, Ubud District. The method used is empirical legal research. This research uses a statutory approach and is carried out by examining and studying laws or other regulations such as awig-awig and pararem in accordance with the issues in question, in which the norms are hierarchically arranged in the arrangement of legal norms. Sources of data in this study are primary data and secondary data. The results of the study indicate that the implementation of waste management in the Padangtegal Traditional Village has been running well according to applicable regulations and in its implementation the Padangtegal Traditional Village manages waste management independently through management.
Konsep Anti Eco-Slapp dalam Undang-Undang Nomor 32 Tahun 2009 tentang Perlindungan dan Pengelolaan Lingkungan Hidup
Nyoman Gede Aditya Jay Medhika;
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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DOI: 10.22225/juinhum.3.1.4752.220-224
There are several weaknesses in the regulation of the Anti Eco-SLAPP concept in Indonesia, which can hinder the implementation of the Anti Eco-SLAPP concept and cause protection for community participation to still have room for criminalization. This study aims to describe the regulation of the anti-Eco-SLAPP concept in Law Number 32 of 2009 concerning Environmental Protection and Management. This type of research is normative law. This study uses a statute approach by examining the laws and regulations. The data used in this study are primary and secondary data. Data analysis was carried out using qualitative analysis. The data that has been analyzed shows that Anti Eco SLAPP has been regulated in Article 66 of the UUPPLH, which emphasizes that every individual who strives for the right to a good and healthy environment cannot be prosecuted criminally or civilly. In operationalizing Article 66 of the PPLH Law, it is hoped that there are four things that must be considered, namely: the requirements for protection and who is the subject being protected as well as the type of Eco-SLAPP action and the requirements for determining Eco-SLAPP. There are several weaknesses in the regulation of the Anti Eco-SLAPP concept in Indonesia, which can hinder the implementation of the Anti Eco-SLAPP concept and cause protection for community participation to still have room for criminalization. This study aims to describe the regulation of the anti-Eco-SLAPP concept in Law Number 32 of 2009 concerning Environmental Protection and Management. This type of research is normative law. This study uses a statute approach by examining the laws and regulations. The data used in this study are primary and secondary data. Data analysis was carried out using qualitative analysis. The data that has been analyzed shows that Anti Eco SLAPP has been regulated in Article 66 of the UUPPLH, which emphasizes that every individual who strives for the right to a good and healthy environment cannot be prosecuted criminally or civilly. In operationalizing Article 66 of the PPLH Law, it is hoped that there are four things that must be considered, namely: the requirements for protection and who is the subject being protected as well as the type of Eco-SLAPP action and the requirements for determining Eco-SLAPP.
Pertanggungjawaban Pemilik Gedung Mall atas Kerusakan Gedung Hingga Pengunjung Mall Meninggal Dunia
Eka Andrean Ramadhan;
Anak Agung Sagung Laksmi Dewi;
Ni Made Sukaryati Karma
Jurnal Interpretasi Hukum Vol. 3 No. 2 (2022): Jurnal Interpretasi Hukum
Publisher : Warmadewa Press
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DOI: 10.22225/juinhum.3.2.5057.231-236
This study aims to analyze and describe the regulations for criminal liability of mall building owners for building damage that causes mall visitors to die and criminal sanctions that ensnare mall building owners. The research method used is normative legal research, this writing study is based on legal materials and literature, which are the stages in obtaining legal rules or norms. The analysis of legal materials is a descriptive-analytical analysis. The results of the study indicate that the responsibility of building owners has been listed in the civil law code where the owner must be responsible if the building collapses causing people to become victims, so they must carry out maintenance and maintenance of the building so that there is no damage that causes the collapse of the mall building.