Articles
Kewenangan Pengadilan Negeri Memutus Perkara Praperadilan Mengenai Tidak Sahnya Penetapan Tersangka
Widyastuti, Ida Ayu Wayan;
Dewi, Anak Agung Sagung Laksmi;
Sugiartha, I Nyoman Gede
Jurnal Analogi Hukum 351-355
Publisher : Fakultas Hukum Universitas Warmadewa
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DOI: 10.22225/ah.2.3.2020.351-355
Abstract—Pre-trial institutions have the purpose of providing certainty and controlling abuse of authority by law enforcement officials. Forced measures such as arrest, detention, search, confiscation, prosecution and determination of suspects carried out in accordance with the provisions of legislation are often used by law enforcement officials to obtain evidence. The problem raised is how is the regulation of the authority of the district court to decide the pretrial lawsuit? How is the procedure for hearing a pretrial hearing? This research is a study that examines legislation as an effort to answer existing problems. The authority of the district court checks and decides on a pretrial case in accordance with what is stipulated in article 77 of the Criminal Procedure Code. While the procedure for examining pretrial hearings is the procedure that must be fulfilled, namely Submission of pretrial applications, Application for registration in pretrial cases, Head of District Court Immediately Appoints Judges and Registrars, Examinations are conducted with a single judge. Law enforcement agencies, in this case the police as one of the justice enforcement agencies must be carried out by its members responsibly and carried out wholeheartedly and in accordance with the laws and regulations. The community as being protected must have a critical nature and at least know the inspection procedures in the police so that they understand their rights when dealing with the law .
Tindak Pidana Pelaku Penyebaran Konten Pornografi Terhadap Anak Dibawah Umur
Wiraguna, Komang;
Dewi, Anak Agung Sagung Laksmi;
Widyantara, I Made Minggu
Jurnal Analogi Hukum 372-377
Publisher : Fakultas Hukum Universitas Warmadewa
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DOI: 10.22225/ah.2.3.2020.372-377
Abstract—The child becomes part of the successor Nations largely determine the fate of the whole nation in the future; all children in the world have the right to obtain the right to continue to evolve. Within the community often encountered that child becomes the perpetrator of a criminal offence the dissemination of Pornographic Content that is a legal issue that concerns about a picture, photo, video, illustrations, sketches, containing about lewd action according to Law Number 44 the year 2008. Children who are bound in criminal cases will be processed for criminal justice in adili special children in accordance with the Law Number 11 of the year 2012. Children who have committed criminal acts will be given legal protection. The purpose of this research in order to find out how legal consequences for a child who spread pornographic content as well as the consideration of judges in meting out the verdict. The writing is pendektan because it uses the normative legislation and comparative law. In the trial the judge defending children is a children's judge.
Tindak Pidana Penipuan Penerimaan Pegawai Negeri Sipil di Denpasar
Kusomo, Livia;
Dewi, Anak Agung Sagung Laksmi;
Arthanaya, I Wayan
Jurnal Analogi Hukum 399-403
Publisher : Fakultas Hukum Universitas Warmadewa
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DOI: 10.22225/ah.2.3.2020.399-403
Abstract—Crime of CPNS fraud is common in both remote and urban areas. This is due to the large number of people who think that work as a civil servant is a safe and secure job. The discussion of this paper includes; What are the factors that lead to criminal acts of fraud from the point of view of law and society, how are sanctions and responsibilities of perpetrators of criminal acts of fraud CPNS. This research is normative research. Legal materials obtained from from the Warmadewa University Faculty of Law Library and the Krisna Law Office Library. Factors influencing fraudulent acts are lack of burden of sanctions or lack of commensurate penalties and poverty factors. Case studies in this paper are taken from the decisions of the Denpasar District Court (Decision Number: 382 / PID.B / 2018 / PN DPS); perpetrators of criminal offenses of CPNS that were enforced article 378 of the Criminal Code concerning fraudulent crimes with sanctions of a maximum of four (4) years in prison. This type of fraud can damage the character and morals of the nation, so the government should pay more attention to it and for the perpetrators to be given appropriate punishment in order to get a deterrent effect. The community is also expected to help law enforcement officials by reporting it if they know that this action was carried out and that law enforcement officers should provide protection for informer.
Kekuatan Alat Bukti Akta Otentik Dalam Pembuktian Perkara Perdata
Septianingsih, Komang Ayuk;
Budiartha, I Nyoman Putu;
Dewi, Anak Agung Sagung Laksmi
Jurnal Analogi Hukum 336-340
Publisher : Fakultas Hukum Universitas Warmadewa
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DOI: 10.22225/ah.2.3.2020.336-340
Abstract—Authentic deed is a deed in the form determined by law, made by or in front of the general employees in power for that place where the deed is made, and as for general officials who are authorized to make authentic deeds, namely a Notary or PPAT. The main issue is how the power of authentic deeds is proven in civil cases and how the notary's responsibility for authentic deeds is null and void. The research method used is a type of normative legal research. While the problem approach which is the approach to the conceptual approach problem, is done by examining the views that occur in the development of legal science and the legislative approach, carried out by examining the legal aspects that have a relationship with the legal issues examined. The value of the power of outward proof, the strength of formal proof and the strength of material proof are those covered by an authentic deed. Responsible for negligence and mistakes in the contents of the deed made before him are the responsibility of the notary. In the world of notoriety there are 2 types of sanctions, namely civil sanctions and administrative sanctions. The sanction is imposed on the notary if the deed he has made is an error or a violation of the law, besides that it can also make the deed null and void.
Sanksi Pidana Terhadap Pelaku Tindak Pidana Penganiayaan yang Mengakibatkan Luka Berat
Kusuma, Ngurah Arya;
Dewi, Anak Agung Sagung Laksmi;
Widyantara, I Made Minggu
Jurnal Analogi Hukum 11-16
Publisher : Fakultas Hukum Universitas Warmadewa
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DOI: 10.22225/ah.3.1.2021.11-16
Legal policy directions aimed at making the law as rules that provide protection for the rights of citizens and ensure the life of the generation in the future. In some countries the legal system in Indonesia varies, its legal system is still less well, in practice the country continues to experience a modernization of the State and no one else who can resist it. Criminal law in Indonesia being one of the very important guidelines in realizing a justice. The book of the law of criminal law (Criminal Code) is a strong basis in order to determine the Act illegal and has strict sanctions for those who break them. Acts of persecution that we've seen from a variety of sources into a sign that it does not escape from a less controlled society behavior be it due to low levels of education and the influence of the environment guidelines for less either. As for the formulation of the problem of how judges in Consideration of case of disconnect and torture that resulted in heavy cuts?, how is the criminal sanction in criminal acts and torture that resulted in severe injuries? The type of research conducted normative legal research. The basic consideration of the judge examines the truth of the case that dealt with advance, because the judges are required to enforce the law and justice, an impartial judge to give consideration in deciding a matter with The Almighty Godhead based and is earnest about things concerning the incriminating and lighten criminal. Criminal sanctions being dropped is imprisonment for 1 (one) year which reduced the period of detention.
Peranan Lembaga Bantuan Hukum Dalam Penanganan Anak Yang Berhadapan Dengan Hukum di LBH Apik Bali
Paramita, Ni Putu Ayu Prasetya;
Dewi, Anak Agung Sagung Laksmi;
Karma, Ni Made Sukaryati
Jurnal Analogi Hukum 106-110
Publisher : Fakultas Hukum Universitas Warmadewa
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DOI: 10.22225/ah.3.1.2021.106-110
Law violations continue to increase every year, even children become lawbreakers. Children as the next generation must be protected. Because Indonesia is a State of Law. Then the Law on Legal Aid provides legal protection for the poor. The problems of this study are 1) what is the role of LBH APIK BALI in dealing with ABH? 2) What is the effectiveness of the APIK BALI LBH in handling ABH? The research method used in this paper is empirical, namely primary data sourced from research in the field and secondary data sourced from library research in the form of legal materials. The results of the study can be concluded that: 1) LBH APIK BALI in dealing with ABH by providing assistance to children in the Litigation and Non Litigation circles. 2) LBH APIK BALI in handling ABH has not been effective, but it is in accordance with the SPPA Law. The importance of cooperation, lobbying with the government to protect ABH so that the rights of the ABH regarding the provision of legal assistance in the LBH APIK BALI are fulfilled.Keywords: Role, Legal Aid Institution, Child Criminal Justice System
Proses Pembuktian Pada Tahap Penyidikan Tindak Pidana Ancaman Kekerasan Melalui Telepon (Study Kasus Di Polres Klungkung)
Artana, I Putu Arya Wiguna;
Dewi, Anak Agung Sagung Laksmi;
Widyantara, I Made Minggu
Jurnal Analogi Hukum 142-146
Publisher : Fakultas Hukum Universitas Warmadewa
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DOI: 10.22225/ah.3.2.2021.142-146
In the era of globalization, many things that make human behavior and habits become changed from lifestyle to advanced thinking, the progress of the nation today becomes a positive thing but in the implementation the day-day, many people are still affected by technology based on information technology. The influence of social media in this community makes many lifestyle changes that are positive and negative. On the positive side, people quickly know the development in their country of residence, and from the negative side, many people think that it is lawful all means to achieve their life goals such as committing acts that harm many parties ranging from fraud to criminal acts. Each person can choose what will be done and the consequences obtained from the deeds done. The occurrence of unlawful acts certainly gets a commensurate reward but with a due process that is through various resistance such as investigation and proof. Which affects the evidentiary process in the level of investigation of perpetrators of violent threats through telephone media is the difficulty of giving directions to the victim to provide honest information, covering up the reason for the perpetrator to make threats, from the information before the investigators and the victim often cover up the problem that actually comes from the victim himself.
Peran Mediasi dalam Penyelesaian Sengketa Sertipikat Gandadi Badan Pertanahan Nasional (BPN) Kabupaten Klungkung
Dinata, I Gede Agus Marta;
Dewi, Anak Agung Sagung Laksmi;
Suryani, Luh Putu
Jurnal Analogi Hukum 152-155
Publisher : Fakultas Hukum Universitas Warmadewa
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DOI: 10.22225/ah.3.2.2021.152-155
Land or territory is the main element of a country. The magnitude of the influence of land on human life, makes the State obliged to guarantee legal certainty for the land rights even though these rights are still limited by the interests of other people, society, and the state. From the background, problems can be formulated such as 1). How is the dual certificate dispute resolution through mediation at the Klungkung Regency National Land Agency (BPN)? 2). What are the obstacles in resolving a double certificate dispute at the National Land Agency (BPN) Klungkung Regency? This research is empirical legal research by describing the law as law in action. The state policy on land tenure security was strengthened and its rights and obligations were regulated in the Basic Agrarian Law (UUPA) issued in 1960. Nevertheless, land issues cannot be spared from people's lives. One of the problems that often occurs is the existence of multiple certificates. In this case, the National Land Agency has an important role to play in resolving it.
Penegakan Hukum Pidana Terhadap Penyelundupan Hewan Satwa
Suradnya, I Gusti Ngurah Made;
Dewi , Anak Agung Sagung Laksmi;
Suryani, Luh Putu
Jurnal Analogi Hukum 161-164
Publisher : Fakultas Hukum Universitas Warmadewa
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DOI: 10.22225/ah.3.2.2021.161-164
Animals that must be protected where it gets protected by the government. Which in this case makes the public should not take actions that are not following the rules set by the government in this case against protected animals. If seen in article 1 number 1 law No. 5 of 1990 on Conservation of Natural Resources mentioned that individual animals are animals that grow and live on land, air, and water that have different wild properties, even those maintained by humans or live in the wild. The formulation in this study is as follows how is the legal regulation of animal smuggling and how are criminal sanctions against animal smuggling. The method used is a method of normative legal research. It is expected that the government and the people of Indonesia, in particular, to be willing to participate in protecting and eradicating people in terms of hunting protected wild animals, where it aims to keep rare animals around us sustainable
Pelaksanaan Perlindungan Hukum Terhadap Perempuan Sebagai Saksi Korban Kekerasan Dalam Rumah Tangga
Putra , Andrie Eka;
Dewi, Anak Agung Sagung Laksmi;
Karma, Ni Made Sukaryati
Jurnal Analogi Hukum 221-224
Publisher : Fakultas Hukum Universitas Warmadewa
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DOI: 10.22225/ah.3.2.2021.221-224
Violence against women in general is a problem experienced by many women, especially if the violence occurs in the household, because the problem is still considered taboo and is still considered a family problem that is resolved kinship. This shows that there are still many female victims of domestic violence that keep their mouths shut and keep these problems tightly. The formulations of the problems raised are 1) What are the factors causing violence in the household, 2) How is the implementation of the law against women as witnesses of domestic violence in Denpasar District Court. The type of research used is the type of empirical research. The results of the discussion of this study are the factors that cause domestic violence to occur due to the lack of communication between husband and wife in the family which is a determinant of family harmony and the implementation of legal protection for women as witnesses of victims of domestic violence in Denpasar District Court. run effectively as stipulated in the legal provisions. So that law enforcement officers can resolve cases of domestic violence properly so that they can provide protection to women as victims of domestic violence.