Articles
Upaya Kepolisian dalam Penanganan Kasus Tindak Pidana Pembunuhan yang Dilakukan Warga Negara Asing (WNA ) terhadap Warga Negara Indonesia (WNI )
Cokorda Gede Agung Rama Yudha;
Anak Agung Sagung Laksmi Dewi;
I Nyoman Sutama
Jurnal Konstruksi Hukum Vol. 2 No. 1 (2021): Jurnal Konstruksi Hukum
Publisher : Warmadewa Press
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DOI: 10.22225/jkh.2.1.2959.10-14
Police efforts in handling cases of murder committed by foreigners against Indonesian citizens based on article 338 of the Indonesian Criminal Code, where the action is an act of eliminating the life of another person, the police have the authority to handle the case as an investigator to maintain security and order in Indonesia. This study aims to analyze the investigation process and find out the settlement of the Criminal Act of Murder by foreigners against Indonesian citizens based on the judicial system in Indonesia reviewed with the Territorial Principle. This study uses the normative legal method. The results of the analysis show that the police have the authority as an investigator in cases of murder committed by foreigners against Indonesian citizens. The investigation process is carried out in accordance with the provisions of the Republic of Indonesia police regulation number 6 of 2019 and also article 6 of the Criminal Procedure Code regarding the provisions of article 2 of the Criminal Code which explains that the regulations in Indonesia apply to all citizens residing in Indonesia and enforcement is carried out against the perpetrators of murder tried in accordance with the judicial system in Indonesia based on the provisions of article 2 of the Criminal Code concerning the principle of territoriality with article 338 of the Criminal Code. Through this research, it is hoped that Indonesian citizens and foreigners will remain subject to the law. Furthermore, the government should pay attention to local residents who occupy Indonesian territory by reinforcing the applicable regulations in Indonesia.
Upaya Pencegahan Anak sebagai Korban Kekerasan Seksual melalui Dunia Maya
Desak Ketut Linda Saraswati;
Anak Agung Sagung Laksmi Dewi;
I Made Minggu Widyantara
Jurnal Konstruksi Hukum Vol. 2 No. 1 (2021): Jurnal Konstruksi Hukum
Publisher : Warmadewa Press
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DOI: 10.22225/jkh.2.1.2960.15-18
Since being in the womb, the child has dignity as a whole human being given by God Almighty. A child who is born must get his rights without the child asking. Children who are part of the next generation with the ideals of the nation have a strategic role in ensuring the existence of the nation and state in the future. Sexual violence against children today does not only occur physically but has penetrated cyberspace. This is because it is easy to access cyberspace, especially social media, by various groups ranging from children, adolescents and even parents. This study uses the normative legal method, namely a library research to obtain legal materials. The results of the analysis show that prevention can be done through preventive and repressive measures. Preventive efforts through a family environment that implements the 18-21 program, which means that at 18.00 to 21.00 the time for children and parents to have dialogue and interaction, which was first implemented in Padang City. Besides parents, so that they can give more time and attention to children. Repressive measures are taking action against perpetrators of sexual violence against children through cyberspace in accordance with applicable laws and regulations so that the perpetrators have a deterrent effect and do not repeat it on another day.
Tinjauan Yuridis Tindak Pidana Kebiri dalam Perspektif Hak Asasi Manusia
I Gede Fajar Manggala;
Anak Agung Sagung Laksmi Dewi;
Luh Putu Suryani
Jurnal Konstruksi Hukum Vol. 2 No. 1 (2021): Jurnal Konstruksi Hukum
Publisher : Warmadewa Press
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The actions of a person who does something that is detrimental to others, for example torture, harassment, murder to result in death are required to be accountable for their actions. This study aims to determine the regulation of castration from a human rights perspective and to determine the sanction of castration from a human rights perspective. The method used is normative legal research which is carried out by recording and studying based on legal materials. The results of the study show that the punishment for castration is a maximum of 15 years and a maximum fine of five billion rupiah is a government action in an effort to eliminate discriminatory actions against a person's human rights. The government's decision regarding the sanctions given to perpetrators of the criminal act of castration is considered excessive by the National Human Rights Commission because it violates human rights and is too serious for the perpetrators but is still supported in order to eliminate acts of abuse against children as the nation's next generation.
Peran Polisi Hutan dalam Menanggulangi Pembalakan Liar/Illegal Logging dalam Kawasan Hutan di Kabupaten Jembrana Provinsi Bali
I Made Adi Endra Supardi;
Anak Agung Sagung Laksmi Dewi;
Luh Putu Suryani
Jurnal Konstruksi Hukum Vol. 2 No. 1 (2021): Jurnal Konstruksi Hukum
Publisher : Warmadewa Press
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DOI: 10.22225/jkh.2.1.2973.81-85
Forests must be managed properly so that their functions and benefits are maintained. One of the problems related to the forestry sector is the large number of illegal logging practices in a number of provinces in Indonesia. Eradication of Illegal Logging in Law of the Republic of Indonesia Number 18 of 2013 concerning the prevention and eradication of forest destruction. This study aims to determine the duties and roles of forest rangers in preventing illegal logging in the forest area of Jembrana Regency and to analyze the obstacle factors of forest rangers in preventing illegal logging in the forest area of Jembrana Regency, Bali Province. This study uses an empirical method with a statutory approach. The data used are primary and secondary data obtained through interviews and documentation. The data obtained were then analyzed through qualitative descriptive. The results showed that the Forestry Police had a role to supervise the implementation of every activity that caused damage to the forest area of Jembrana Regency. Factors that become obstacles in carrying out the role of forest rangers in preventing illegal logging in the Jembrana Regency Forest Area are terrain, facilities and equipment, sincerity, concern and firm commitment, the number of personnel, new methods of crime, and factors of local residents. Forest rangers must involve residents around the forest in an effort to prevent illegal logging considering that the obligation to conserve forests is not only the responsibility of the government but also the responsibility of all forest border residents, especially in Jembrana Regency.
Akibat Hukum bagi Prajurit TNI Melakukan Tindak Pidana Desersi yang Diputus In Absentia dalam Praktek Pengadilan Militer III-14 Denpasar
I Wayan Kusuma Purwanta;
Anak Agung Sagung Laksmi Dewi;
Ni Made Sukaryati Karma
Jurnal Konstruksi Hukum Vol. 2 No. 1 (2021): Jurnal Konstruksi Hukum
Publisher : Warmadewa Press
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DOI: 10.22225/jkh.2.1.2980.123-127
The Unitary State of the Republic of Indonesia is a State of Law. Obligatory for Indonesian citizens to obey and obey the law, no exception for Soldiers of the Indonesian National Army. Apart from being subject to general legal rules such as the Criminal Code and also subject to special rules that only apply to soldiers of the Indonesian National Army, namely the Military Criminal Code and the Military Discipline Law Code. Discipline attitude is a basic milestone for TNI soldiers in carrying out their duties. If a TNI soldier lacks discipline in his life, it will lead to a criminal act. This study aims to explain the factors that cause TNI soldiers to commit the Esersion crime and to explain the legal consequences of the In Absentia decision for TNI soldiers who commit the crime of desertion. The method used is a juridical-empirical research method with a problem approach using case studies that are based on real events in the field without any deception and are pure in nature. The legal materials used are primary and secondary legal materials. The results of the study state that the legal consequence of In absentia a TNI soldier who commits the crime of desertion will remain on trial without the presence of the defendant and will be sentenced to imprisonment with additional penalties in the form of dismissal from military service and the factor that causes TNI soldiers to commit the crime of desertion is lack of discipline as a military soldier, the economy barely lives, is involved in a criminal act, is in debt and is influenced by environmental associations.
Perlindungan Hukum bagi Pemegang Merek terhadap Pemalsuan Merek Fashion
Ni Made Dwi Ari Cahyani;
Anak Agung Sagung Laksmi Dewi;
Ni Made Sukaryati Karma
Jurnal Konstruksi Hukum Vol. 2 No. 1 (2021): Jurnal Konstruksi Hukum
Publisher : Warmadewa Press
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DOI: 10.22225/jkh.2.1.2990.175-179
Trademark is a form of intellectual property which has a function to increase or smoothen trade in services or goods for those who carry out trade in investment and goods. This study aims to explain legal protection for brand holders against violations of fashion brand counterfeiting and to explain the settlement of legal violations against brand holders who are disadvantaged due to fashion brand counterfeiting. This research uses normative legal research methods, namely doctrinal legal research, also referred to as document library research or document study. The approach used is a statutory and conceptual approach. The data used are primary and secondary legal data sources. The results show that the existing legal protection also applies to brand holders, which is protection provided to legal subjects in the form of both preventive and repressive legal instruments. Legal violations against brand counterfeiting are regulated in Law Number 20 of 2016 concerning Marks and Geographical Indications article 83 paragraph (3), which uses the Commercial court route to become an institution in ending trademark disputes, falsification of famous trademark infringements can be resolved through the criminal legal process and legal channels. civil. Legal efforts to hold brand rights against acts of infringement of Zara's Fashion product brands can file criminal and civil lawsuits against proceedings and / or losses in the dragon court adjusted to the provisions stipulated in article 83.The suggestion is to implement the importance of socializing brand registration for legal protection against Brand holders towards increasing awareness for brand owners to register those used
Tanggung Jawab Penyewa dalam Perjanjian Sewa-Menyewa Kendaraan Bermotor (Mobil) di Desa Tibubeneng Canggu
Ni Made Nindya Maheswari;
Anak Agung Sagung Laksmi Dewi;
I Putu Gede Seputra
Jurnal Konstruksi Hukum Vol. 2 No. 1 (2021): Jurnal Konstruksi Hukum
Publisher : Warmadewa Press
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DOI: 10.22225/jkh.2.1.2992.186-190
This study aims to determine the tenants' responsibilities in case of default in the motor vehicle rental agreement (car) in the village of Tibubeneng Canggu and to find out the settlement of default by the rent car against the tenants in the village of Tibubeneng Canggu. The research method used is empirical legal research with a sociology of law approach. This study uses primary data derived from observations and interviews obtained from 3 rent car owners in the village of Tibubeneng Canggu. Data collection used interview techniques, observation and inventory using qualitative analysis techniques. The results of the analysis show that the tenant's responsibility in the event of default in the motor vehicle (car) rental agreement in the village of Tibubeneng Canggu in terms of overtime is in the form of compensation by paying a fine in accordance with the agreed agreement. The settlement of default carried out by the rent car against the tenant in the village of Tibubeneng Canggu is an alternative dispute resolution through negotiation between the tenant and the rent car party. In order to reduce the occurrence of defaults in the case of overtime car returns, Rent Car pays attention to the clauses of the agreement with the tenant, especially in terms of overtime, so that it is made in a written agreement, and implements a full payment payment system in advance so as not to suffer losses. In addition, the tenant is expected to read and comply more with the contents of the agreement so that there are no negligence that can cause harm to the Rent Car
Penyelesaian Sengketa Transaksi Bisnis Elektronik Commerce Melalui Internet
Anak Agung Bagus Sempidi Junior;
Anak Agung Sagung Laksmi Dewi;
Desak Gde Dwi Arini
Jurnal Konstruksi Hukum Vol. 2 No. 2 (2021): Jurnal Konstruksi Hukum
Publisher : Warmadewa Press
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DOI: 10.22225/jkh.2.2.3209.218-222
Development of information technology through legal infrastructure and its regulation so that the use of Information Technology is carried out safely to prevent its misuse by taking into account the religious and socio-cultural values of the Indonesian people. . The research method uses normative legal research and problem approaches using statutory and conceptual approaches. The results of the study show that consumer legal protection in online Electronic Commerce business transactions is regulated through online sale and purchase agreements based on conventional formal and material terms accompanied by buying and selling transactions carried out electronically through computer media. Settlement of disputes in e-commerce business transactions via online, is carried out both non-litigation and litigation. The suggestion is to the Government, it is hoped that participation in solving problems is very important, if a case like this occurs between different countries, then the settlement of this problem must be determined which legal rules will be used to solve it. The purpose of this study is to determine legal protection for consumers in electronic commerce business transactions through online, and how to resolve disputes that occur in electronic commerce business transaction agreements through online
Perlindungan Hukum terhadap Anak Korban Tindak Pidana Pencabulan di Lingkungan Keluarga
I Gede Susila Putra;
Anak Agung Sagung Laksmi Dewi;
Ni Made Sukaryati Karma
Jurnal Konstruksi Hukum Vol. 2 No. 2 (2021): Jurnal Konstruksi Hukum
Publisher : Warmadewa Press
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DOI: 10.22225/jkh.2.2.3213.238-243
Child sexual immorality is a social problem that is very disturbing to society. This sexual abuse of children needs very serious attention from all circles. imposing criminal sanctions on perpetrators of criminal acts of sexual immorality certainly cannot be separated from the role of judges, prosecutors, and the police as law enforcement officers in order to achieve peace in people's lives. There are also problem formulations (I) How is the legal protection for child victims of sexual immorality? (2) What are the sanctions for perpetrators of sexual abuse against children? This study uses the normative method because there are still vague norms, based on the opinions of law and law scholars. According to Decision Number 978 I Pid.Sus I 2016 I PN Ops, punishment for perpetrators of child molestation is regulated in Article 760 in conjunction with Article 81 Paragraph 3 of Law Number 35 Year 2014 concerning Amendments to Law Number 23 Year 2002 Concerning Child Protection which reads "Having committed violence or threats of violence, forcing the child to have intercourse with him or with other people, which is carried out by parents, guardians, child caregivers, educators, or educational personnel, namely with the threat of imprisonment of 10 (ten) years and a fine of Rp.100,000,000 (one hundred million rupiah).
Wewenang Kepolisian dalam Penyidikan Tindak Pidana Narkotika
Sri Ulina Theresa Perangin-Angin;
Anak Agung Sagung Laksmi Dewi;
Ni Made Sukaryati Karma
Jurnal Konstruksi Hukum Vol. 2 No. 2 (2021): Jurnal Konstruksi Hukum
Publisher : Warmadewa Press
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DOI: 10.22225/jkh.2.2.3217.260-264
Polisi memiliki kewenangan yang sangat luas dalam menegakkan hukum dan menjamin keamanan serta ketertiban masyarakat. Jika melihat peran serta wewenang masing-masing institusi tersebut secara khusus mengenai peran dan wewenang polisi, menjadi panutan dan pengharapan warga terhadap tugas Kepolisian Negara Republik Indonesia yang semakin tinggi dan memiliki orientasi kepada warga yangdilayani. Perumusan masalah yang ada di penelitian ini adalah Bagaimana kewenangan penyidik kepolisian dalam penyidikan tindak pidana narkotika dan Bagaimanakah mekanisme penyidikan di tingkat penyidikan yang dilakukan oleh polisi sebagai penyidik dalam kasus tindak pidana narkotika. Metode yang akan digunakan merupakan metode penelitian hukum empiris. Penelitian ini menyimpulkan bahwa kewenangan penyidik polri dalam tindak pidana narkotika yaitu mengikuti pasal I ayat I KUHAP, dan Pasal 81 UU no.35 tahun 2009 tentang narkotika. Pasal 81, pasal 84, pasal 87, pasal 90, pasal 92 UU no.35 tahun 2009 tentang Narkotika menjadi acuan dalam melaksanakan proses penyidikan di tingkat penyidikan. ata Kunci Wewenang Kepolisian, Narkotika, Penyidikan