Articles
Keadilan Restoratif dalam Tindak Pidana Ringan di Masa Pandemi Covid-19
I Gusti Ayu Sukrisma Dewi;
Anak Agung Sagung Laksmi Dewi;
I Made Minggu Widyantara
Jurnal Preferensi Hukum Vol. 2 No. 3 (2021): Jurnal Preferensi Hukum
Publisher : Warmadewa Press
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DOI: 10.22225/jph.2.3.3996.530-535
At the time of the Covid-19 pandemic, various activities were suspended in terms of education, tourism, companies, politics, and the resolution of a case that caused a crowd or crowd. Where to minimize the spread of COVID-19 in resolving a minor problem, it can be done through Restorative Justice. The purpose of this study is to analyze the legal arrangements regarding restorative justice in minor crimes during the covid-19 pandemic and criminal sanctions against minor crimes based on restorative justice. This research is a normative legal research using primary and secondary legal sources. Data collection techniques are carried out to obtain the required legal materials through recording and documentation studies. Then, the legal materials are processed using interpretation analysis. The results of the study reveal that the regulation of restorative justice in minor crimes during the covid-19 pandemic is very necessary to regulate criminal sanctions against minor crimes based on restorative justice.
Tinjauan Yuridis atas Tindak Pidana Pencemaran Nama Baik Terhadap Institusi Negara
I Nyoman Surya Natha;
Anak Agung Sagung Laksmi Dewi;
Luh Putu Suryani
Jurnal Preferensi Hukum Vol. 2 No. 3 (2021): Jurnal Preferensi Hukum
Publisher : Warmadewa Press
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DOI: 10.22225/jph.2.3.3997.536-542
Defamation often occurs in the real world and online. Basically the law on defamation has been regulated and formulated in Article 310 of the Criminal Code which consists of 3 (three) paragraphs. It is contained in Article 27 paragraph (3) of Law Number 19 of 2016 concerning Amendments to Law Number 11 of 2008 concerning Information and Electronic Transactions (UU ITE). However, in this case, it is necessary to hold strict sanctions in order to overcome defamation of state institutions or institutions. The purpose of this research is to reveal the application of law to the Criminal Acts of Blasphemy against State institutions and the judge's legal considerations on Decision Number 117/Pid.Sus /2020/PN Kka. This research is a normative research with legislation approach. The sources of legal materials used are primary, secondary and tertiary sources of legal materials. The technique of collecting legal materials is done by studying literature which is then analyzed systematically. The results of the study revealed that the judge's legal considerations against Decision Number 117/Pid.Sus/2020/PN Kka which stated that the Defendant Sumarni Alias Arni Binti Daso was legally and convincingly proven guilty of committing a criminal act intentionally and without the right to transmit and/or make it accessible. electronic information that contains defamation, as regulated and threatened with criminality in Article 45 paragraph (3) of the Law of the Republic of Indonesia Number 19 of 2016 concerning Amendments to Law of the Republic of Indonesia Number 11 of 2008 concerning Information and Electronic Transactions in the Indictment Sole Prosecutor.
Penerapan Peraturan Menteri Ketenagakerjaan Nomor 6 Tahun 2016 di PT. Braga Konsep Solusi
I Nyoman Gilang Radwithama;
Anak Agung Sagung Laksmi Dewi
Jurnal Preferensi Hukum Vol. 2 No. 3 (2021): Jurnal Preferensi Hukum
Publisher : Warmadewa Press
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DOI: 10.22225/jph.2.3.4014.564-569
Braga Concept Solutions domiciled in Denpasar City is a company in the field of tourism, especially in restaurants. When approaching religious holidays, every worker/labourer gets non-wage income, namely the Hari Raya Allowance. However, the workers/laborers at PT. Braga Solusi Concept has not yet received the Religious Holiday Allowance as stipulated in the regulation. The purpose of this study is to reveal the application of the provision of religious holiday allowances for workers / laborers at PT. Braga Concept Solutions and obstacles in providing holiday allowances for workers/laborers at PT. Braga Solution Concept. The method used in this study is an empirical legal research method with a sociological juridical approach. The sources of law used are primary and secondary sources of law. In analyzing the data that has been collected then used qualitative analysis techniques. The results of the study reveal that the conclusion of this study is the mechanism for providing Religious THR at PT. Braga Concept Solutions are not fully in accordance with applicable regulations. The obstacle faced is the lack of information about the applicable regulations. Dissemination of laws and regulations is very necessary for workers with the aim of making workers aware of their rights, including the mechanism for resolving them if there are obstacles, the goal is to prevent this from happening again.
Penyelesaian Kredit Macet di Koperasi Sumber Kasih Desa Tangeb, Kecamatan Mengwi, Kabupaten Badung
I Kadek Nova Astrawan;
Anak Agung Sagung Laksmi Dewi;
Luh Putu Suryani
Jurnal Preferensi Hukum Vol. 2 No. 3 (2021): Jurnal Preferensi Hukum
Publisher : Warmadewa Press
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DOI: 10.22225/jph.2.3.4015.570-575
Indonesia is a developing country with various kinds of economic development. Bound by government regulations, the community cannot act arbitrarily and must follow applicable norms. The government in an effort to equalize the welfare of its people creates a forum for community associations to manage their funds or borrow funds to open a business. The purpose of this study is to reveal the legal arrangements for bad loans at KSU Sumber Kasih, Tangeb village and the settlement of bad loans at KSU Sumber Kasih, Tangeb village. This research applies normative research methods. Sources of data used in the form of primary and secondary legal materials. This research was conducted by looking for direct data from the field and through legal science books and connecting with the issues raised and then linking them to the current legislation which was then analyzed systematically. The results of the study reveal that Rural Banks are the government's solution to provide convenience to the community but with terms and conditions in the lending process. Every community who wants to borrow money for certain purposes can be done at BPR, those who want to borrow capital must have collateral which will later be calculated according to the desired loan, but it is not uncommon for bank staff not to think about the amount of collateral used with borrowed funds, this often happens. default
Sanksi Pidana terhadap Penumpang yang Membawa Barang Berbahaya dalam Penerbangan
Ibnu Maruf;
Anak Agung Sagung Laksmi Dewi;
I Made Minggu Widyantara
Jurnal Preferensi Hukum Vol. 2 No. 3 (2021): Jurnal Preferensi Hukum
Publisher : Warmadewa Press
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DOI: 10.22225/jph.2.3.4019.582-587
Aviation is the transportation that is chosen by many people to support their mobility and travel efficiency. In order to maintain comfort for users of aviation transportation, the operation of flights and their supervision is regulated directly by the national transportation unit system in an integrated and systematic manner. This study aims to examine the legal arrangements for passengers who carry dangerous goods on flights and reveal criminal sanctions against passengers who carry dangerous goods on flights. This study was designed using normative legal research, with a legislative and conceptual approach. The data used are sourced from primary, secondary and tertiary legal materials obtained through reading activities. Then analyzed using literature study. The results of the study reveal that legal arrangements regarding passengers carrying dangerous goods on flights are regulated in detail and firmly in Law No. 1 of 2009 concerning Aviation, Government Regulation No. 3 of 2001 concerning security and safety in flights and the sanctions given to perpetrators who carry dangerous goods are: imprisonment for 2 years and a fine of Rp. 500,000,000
Kriminalisasi Terhadap Pekerja Seks Komersial Melalui Online dalam Pembaharuan Hukum Pidana
I Gede Yoga Pratama;
Anak Agung Sagung Laksmi Dewi;
I Made Minggu Widyantara
Jurnal Preferensi Hukum Vol. 2 No. 3 (2021): Jurnal Preferensi Hukum
Publisher : Warmadewa Press
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DOI: 10.22225/jph.2.3.4022.594-598
Prostitution is behavior that is openly subject to adultery without any marriage bond. Nowadays prostitution is easy to find on various social media. Commercial-related regulations have been regulated in the Criminal Code, Law no. 19 of 2016 concerning Information and Electronic Transactions, Law no. 44 of 2008 concerning Pornography, Law no. 21 of 2007 concerning the Crime of Human Trafficking. This study aimed to examine the criminal law regulation of online sex workers according to positive law and uncover criminal sanctions against online sex workers in the future. This study was designed using normative legal research, with a Legislative approach. The legal materials used were primary legal materials and secondary legal materials. Data were collected using documentation study techniques and literature studies, then analyzed using systematic interpretation techniques. The results of the study indicated that sanctions for pimps are regulated in the Criminal Code, Law no. 21/2007, Law no. 44/2008, and Law no. 19/2016, and only article 284 of the Criminal Code concerning adultery that can ensnare prostitutes and customers if they have a family, and criminal sanctions for commercial sex workers in the future are contained in articles 425 to 428 of the Draft Criminal Code.
Peran Kantor Desa Blahbatuh dalam Meningkatkan Partisipasi Masyarakat Terhadap Administrasi Kependudukan
Ida Ayu Gede Adi Suandewi;
Anak Agung Sagung Laksmi Dewi;
Luh Putu Suryani
Jurnal Preferensi Hukum Vol. 2 No. 3 (2021): Jurnal Preferensi Hukum
Publisher : Warmadewa Press
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DOI: 10.22225/jph.2.3.4025.609-615
To address various problems related to population, the government seeks to obtain accurate population data in Indonesia to be able to make an appropriate mapping to deal with population problems. This study aimed to reveal the role of the Blahbatuh Village Office in increasing community participation in population administration and to explain the factors that influence the low participation of citizens to report population events in Blahbatuh Village. The research method used was empirical law with a field research approach. The main data was obtained through interviews and observations. The analytical model used was qualitative data. The results showed that the role of the Blahbatuh Village Office in increasing community participation in population administration was to provide counseling, to socialize with the community about the importance of Population Administration. Furthermore, prioritizing service to the community based on conscience. The low community participation in population administration reporting is the low community participation in implementing village regulations, and the work system that has not been implemented properly
Penyelesaian Wanprestasi simpan Pinjam pada Koperasi danu Artha
Ida Bagus Gede Krismantara Manuaba;
Anak Agung Sagung Laksmi Dewim;
Ni Made Puspasutari Ujianti
Jurnal Preferensi Hukum Vol. 2 No. 3 (2021): Jurnal Preferensi Hukum
Publisher : Warmadewa Press
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DOI: 10.22225/jph.2.3.4026.616-621
Cooperatives as pillars of the national economy are not only expected to be equal to other economic actors, namely BUMN and private sectors but also have a greater role in running an economy characterized by democracy. Legal protection is all forms of efforts to protect human dignity and human rights in the field of law. Legal protection is all forms of efforts to protect human dignity and human rights in the field of law. APS is the designation given to the grouping of dispute resolution through the process of negotiation, mediation, conciliation, and expert rights. This study aimed to examine the legal protections for the parties in the event of a default in the Danu Artha Cooperative and reveal how to resolve the parties who enter into an agreement if there is a default in the Danu Artha Cooperative. This study was designed using empirical research with a sociological approach, regulations, conceptual problems, and cases. The data sources used were primary and secondary data. The results of the study revealed that legal protection in the agreement in cooperatives is important and is the basis for cooperatives in running the cooperative business, and dispute resolution against parties who default is carried out through non-litigation and litigation channels. The non-litigation route did not find a common ground so that the dispute was brought and resolved at the State Receivables and Auctions Agency.
Tindak Pidana Penyalahgunaan Narkotika oleh Remaja di Kabupaten Gianyar
Luh Ketut Ayu Andayani;
Anak Agung Sagung Laksmi Dewi;
Luh Putu Suryani
Jurnal Preferensi Hukum Vol. 2 No. 3 (2021): Jurnal Preferensi Hukum
Publisher : Warmadewa Press
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DOI: 10.22225/jph.2.3.4032.628-632
The increase in the use of narcotics has recently shown a higher number. This creates problems for both the general public and individuals. The actions of drug abusers are very disturbing, starting from the family environment to the surrounding environment. As a result, many children are physically and mentally damaged. Of course, this will greatly affect their future. This study aims to examine the legal regulations for the criminal act of narcotics abuse by adolescents in Gianyar Regency and examine the judge's considerations in imposing criminal sanctions on narcotics abusers in Gianyar Regency. This research was designed using normative legal research with a statutory approach and a conceptual and problem approach. The data used were primary and secondary legal data. The data were obtained through field research using note-taking and documentation techniques. Furthermore, the data were analyzed descriptively qualitatively. The results showed that the application of material criminal law by the judge in case Number 516/Pid.Sus/2015/PN.Mks was fitting with the fulfillment of the elements of Article 127 Paragraph (1) letter a of Law Number 35 of 2009 concerning Narcotics by declaring the defendant legally and convincingly guilty of committing a crime of narcotics abuse. The judge's legal considerations in deciding the case Number 516/Pid.Sus/2015/PN.Mks were appropriate based on normative and sociological juridical considerations and by looking at valid evidence
Sanksi Hukum terhadap Anggota Polisi yang Melakukan Tindak Pidana Pembunuhan
Ni Komang Ayu Sri Agustini;
Anak Agung Sagung Laksmi Dewi;
I Made Minggu Widyantara
Jurnal Preferensi Hukum Vol. 2 No. 3 (2021): Jurnal Preferensi Hukum
Publisher : Warmadewa Press
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DOI: 10.22225/jph.2.3.4033.633-638
The police are essentially government institutions and functions that are engaged in maintaining public security and order. The number of temptations causes the police to commit violations or criminal acts. This study aims to understand the legal arrangements against police officers who commit crimes and examine legal sanctions and legal rules that regulate problems in legal arrangements against police officers who commit criminal acts and forms of legal sanctions against the crime of murder. The research method uses normative legal research with a statutory and conceptual approach. Sources of legal materials consist of primary legal materials and secondary data. Data collection is done by reading the law on the police. Data analysis was carried out by case studies namely; the legal materials obtained in the research were processed and analyzed, and presented in a descriptive-analytical manner. The results of the study indicated that legal arrangements for police officers who commit murder crimes, where violations of the code of ethics have consequences, will be tried by the commission of the professional code of ethics. The legal sanction is that a police officer who commits a crime will be processed through a general court trial, undergo sanctions, and undergo a code of ethics trial with dishonorable dismissal. The imposition of disciplinary sanctions is decided in a disciplinary hearing for members of the police who violate police discipline and code of ethics