Articles
Tinjauan Yuridis Tentang Pengurangan Masa Pidana (Remisi) terhadap Tindak Pidana Narkotika
Ni Kadek Nilawati Dwi Cahya;
Anak Agung Sagung Laksmi Dewi;
I Made Minggu Widyantara
Jurnal Interpretasi Hukum Vol. 1 No. 1 (2020): Jurnal Interpretasi Hukum
Publisher : Warmadewa Press
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DOI: 10.22225/juinhum.1.1.2200.137-142
Indonesia is a rule of law which gives relief to prisoners every year, referred to as remission, is a policy of the government in order to reduce criminal penalties for each suspect caught in criminal law. Remission is given to those who during the sentence meet the provisions as people who are entitled to remission as well-behaved, and comply with any applicable regulations at the place of punishment. For someone who during his sentence is always against the rules cannot be given a remission. This study aims to determine the regulation of reducing the criminal period and determine the provision of remissions for narcotics offenders. The research method used is a type of normative legal research conducted by the method of recording and assessment based on legal materials. Researchers study and gather information through legal science books without deviating from positive law in order to conclude a conclusion. The implementation of the remission for narcotics offenders, namely the determination of the remission, is carried out by the decision of the head of the regional office on behalf of the minister, after issuing the stipulation of the head of the regional office must submit a report on the determination of the reduction of the criminal period to the minister of the Ministry of Justice and Human Rights cq. Directorate General of Corrections.
Sanksi Adat terhadap Krama Desa yang Melakukan Wanprestasi dalam Pengembalian Kredit Pada Lembaga Perkreditan Desa di Desa Adat Kapal
Anak Agung Ngurah Dharma Bayu Subandi;
Anak Agung Sagung Laksmi Dewi;
Ni Made Puspasutari Ujianti
Jurnal Interpretasi Hukum Vol. 1 No. 2 (2020): Jurnal Interpretasi Hukum
Publisher : Warmadewa Press
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DOI: 10.22225/juinhum.1.2.2429.24-29
Banks as credit providers should trust their customers within the agreed period of repayment of all credit that has been submitted. In practice, many customers do not fulfill the promised time to repay their loans. For various reasons, Default is caused the debtor's lack of awareness of his binding obligations. This study aims to determine the factors that lead to default in returning credit at the Desa Adat Kapal credit institution, and to determine the settlement of default in returning credit at the Desa Adat Kapal credit institution. The type of research used is the type of empirical research, where this research is carried out in accordance with the real situation of a community group or the surrounding environment in order to find facts or existing legal problems. The results of this study indicate that the factors causing non-performing loans in general are that all loans carry a high risk. Non-performing loans are loans that contain weaknesses or do not meet the quality standards set by the bank. Then, the settlement of defaults according to custom at the Ship Traditional Village Credit Institution is based on Article 8 of the Traditional Ship Village Credit Institution agreement.
Sanksi Pidana terhadap Perbuatan Pencemaran Lingkungan Hidup oleh Limbah Sablon dan Pencelupan di Kota Denpasar
I Made Della Dwi Angga Saputra;
Anak Agung Sagung Laksmi Dewi;
Luh Putu Suryani
Jurnal Interpretasi Hukum Vol. 1 No. 2 (2020): Jurnal Interpretasi Hukum
Publisher : Warmadewa Press
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DOI: 10.22225/juinhum.1.2.2435.57-62
Denpasar City is the center of government, population center, tourism center, trade center, economic activity and center for other activities so you can imagine how busy Denpasar City is in handling all aspects of people's increasingly complex life. An incident that looks easy but few people care about, one of which is waste, so many effects can be obtained from disposing of the residual use of fragrances and screen printing, which are often found, but without a clear response to allow the accumulation of waste. Even though the government has regulations and sanctions related to these problems, they are often ignored by owners or entrepreneurs engaged in screen printing. Environmental pollution, which has often occurred since a long time ago, is a community disease that is difficult to eliminate. The researcher has a problem formulation covering 1) How is the legal arrangement regarding criminal acts against environmental pollution by screen printing and dyeing waste in Denpasar City? 2) What are the criminal sanctions against the perpetrators of criminal acts of environmental pollution by screen printing and dyeing waste in Denpasar City? The research was carried out by reviewing books on law and not deviating from the problems studied and the current positive law as well as studies in the library, this research is often called normative research. The results of this study state that criminal sanctions against perpetrators of environmental pollution by screen printing and dyeing waste in Denpasar City are in the form of fines and imprisonment. The act of environmental pollution carried out by NHY by disposing of screen printing waste into the river has violated Article 58 paragraph (2) of the Regional Regulation on the City of Denpasar Number 1 of 2015.
Pemidanaan terhadap Pelaku Main Hakim Sendiri dalam Kaitannya dengan Kontrol Sosial (Social Controlling)
I Made Khrisna Dwi Payana;
Anak Agung Sagung Laksmi Dewi;
Ni Made Sukaryati Karma
Jurnal Interpretasi Hukum Vol. 1 No. 2 (2020): Jurnal Interpretasi Hukum
Publisher : Warmadewa Press
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DOI: 10.22225/juinhum.1.2.2436.63-67
Vigilante (vigilante) creates an outburst of emotions and resentment from the community about the failure of law enforcers to carry out their duties to find criminals. So that it causes mistakes and acts alone without any legal basis and applicable laws. As for the problems found: 1. What is the legal arrangement for vigilante acts? 2. What is the criminal sanction for vigilante actors in relation to social control? The purpose of this research is to find out the qualifications of vigilante one criminal act along with the criminal threat, and it is important that the imposition of vigilante offenders regulate the behavior of the community. This study uses a normative research method, namely legal research which examines various aspects of written law. There is a research finding that the act of vigilantism is due to participation, emotional factors, lack of understanding of the law, the social situation and the law enforcement's inactivity towards the perpetrator is threatened with a criminal act based on the provisions of Article 170 of the Criminal Code.
Tindak Pidana Bullying yang dilakukan Anak dibawah Umur melalui Keadilan Restorative Justice
I Made Rai Dwi Surya Atmaja;
Anak Agung Sagung Laksmi Dewi;
ni made sukaryati Karma
Jurnal Interpretasi Hukum Vol. 1 No. 2 (2020): Jurnal Interpretasi Hukum
Publisher : Warmadewa Press
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DOI: 10.22225/juinhum.1.2.2437.68-72
Bullying is bullying that often leads to bad deeds that contain crime, but goes unnoticed. Based on this research, the authors raise the formulation of the problem: 1. How is legal protection for child victims of bullying ?, 2. How is the settlement of bullying crime through restorative justice? This type of research is normative law. The approach to this research problem is a statutory approach, a conceptual approach, and a case approach. The research method used is normative legal research, by conducting studies based on legal materials from legal books and is a process of finding legal rules. As for the problem approach in this study, namely the statutory approach (statute approach) and the conceptual approach (conceptual approach) and the case approach (case approach). The results show that the form of legal protection for child victims of criminal acts of bullying is regulated in several laws and regulations, namely, the Criminal Code, Law Number 35 of 2014 concerning Amendments to Law No. 23 of 2002 concerning Child Protection, Law Number 19 of 2016 concerning Amendments to Law Number 11 of 2008 concerning Electronic Information and Transactions. Efforts to resolve criminal acts of bullying through restorative justice using non litigation or settlement of disputes outside the court. The point of settlement of cases on restorative justice is based on the parties to express their opinions to produce an agreement. There are two kinds of crime prevention efforts, namely penal and non-penal efforts. It is hoped that the government, agencies engaged in law enforcement and education as well as the public will make firm efforts against the crime of bullying.
Perlindungan Hukum terhadap Anak di Bawah Umur sebagai Pengemis
I Wayan Edy Darmayasa;
Anak Agung Sagung Laksmi Dewi;
I Made Minggu Widyantara
Jurnal Interpretasi Hukum Vol. 1 No. 2 (2020): Jurnal Interpretasi Hukum
Publisher : Warmadewa Press
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DOI: 10.22225/juinhum.1.2.2445.104-109
Children are not objects of deviant behavior or inhuman actions by anyone. However, in reality the child exploitation in Indonesia has become a complex problem. This research was conducted with the aim of describing the legal arrangements for children as beggars and the legal protection for minors as beggars. This study used a normative legal research method as well as statutory and conceptual approaches. The results of this study indicated that the regulation of minors as beggars is contained in Article 2 paragraph 1 of the Child Welfare Law No. 4 of 1979 which explains that the right to care for welfare care and guidance with affection is the right of the child as well as the care for the development of children in a healthy and good family. In addition, legal protection for minors as beggars as stipulated in the Child Protection Law No. 35 of 2014 in conjunction with Law No. 23 of 2002 can be in the form of socio-economic health services and adequate education.
Perlindungan Hukum terhadap Anak Panti Asuhan yang telah Berusia Dewasa
Ida Ayu Prawita Utami Putri;
Anak Agung Sagung Laksmi Dewi;
I Nyoman Sutama
Jurnal Interpretasi Hukum Vol. 1 No. 2 (2020): Jurnal Interpretasi Hukum
Publisher : Warmadewa Press
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DOI: 10.22225/juinhum.1.2.2448.122-126
There are a lot of children who are less fortunate to be born without their parents for various reasons. An orphanage is a place where they live by self-taught in order to gain proper knowledge in order to reach maturity. With the existence of the orphanage, the government has helped facilitate all the needs of a child who is not fortunate because independently builds identity and knowledge. An orphanage is a place for children born without parents with the task of raising and providing proper education and accompanying children to adulthood and are able to sort out and choose the way forward. This research was conducted with the aim of describing the legal protection of adult orphanage children. The research method used in this research was a normative legal research method. The results of this study indicated that the orphanage guarantees child protection when the child is in the orphanage environment so that they are released from outside reach even though the child is an adult. Some orphanages make their own rules whereby a child who enters and joins as a foster child or resides in an orphanage gets a family card that is binding like a family card in general, especially if the child does not have parents, either father or mother, and a place to live.
Tindak Pidana Pemerkosaan dalam Perspektif Perlindungan Hukum Perempuan
Teo Dentha Maha Pratama;
Anak Agung Sagung Laksmi Dewi;
Ni Made Sukaryati Karma
Jurnal Interpretasi Hukum Vol. 1 No. 2 (2020): Jurnal Interpretasi Hukum
Publisher : Warmadewa Press
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DOI: 10.22225/juinhum.1.2.2463.191-196
A criminal act refers to an act that is prohibited by legal regulations accompanied by threats in the form of sanctions such as the application of certain crimes. The criminal act of rape in the Criminal Code is included in the category of decency. Criminal acts of rape can be referenced from the Book II of the Criminal Code. In this regard, this study focuses on two issues: (1) legal protection of women victims of rape from a women’s legal perspective and (2) criminal sanctions against perpetrators of the criminal acts of rape against women. This study makes use of the normative method because there is an empty norm. Legal protection for women as victims of rape correlatable in Article 285 of the Criminal Code Paragraph (1) and Paragraph (2) as well as the Domestic Violence Law (KDRT) Number 23 of 2004 Article 46 concerning Sexual Violence in the household. This regulation only regulates the sanctions for perpetrators of the acts of rape against women. Sanctions for perpetrators of the rape against women are regulated in Article 285 Paragraph (1) and Paragraph (2) which can also be seen in Law Number 23 of 2004 Article 46 concerning the Elimination of Domestic Violence with imprisonment or the same fine.
Fungsi Komisi Penyiaran Indonesia terhadap Pelanggaran Siaran Televisi
Anak Agung Ayu Mas Merta Sari;
Anak Agung Sagung Laksmi Dewi;
Luh Putu Suryani
Jurnal Interpretasi Hukum Vol. 1 No. 2 (2020): Jurnal Interpretasi Hukum
Publisher : Warmadewa Press
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DOI: 10.22225/juinhum.1.2.2467.18-23
Broadcasting through television media is an effective and efficient way to convey information, education and inspiration to the public or society. The information that is presented must have been packaged in such a way that it is interesting to display. However, in practice, there are frequent violations of television broadcasting, especially violating broadcasting code of conduct and broadcast program standards. For this reason, this study aims to determine the regulation of television broadcasts in Indonesia, and to determine the sanctions for violations of television broadcasting. The research method used is normative research with several problem approaches, namely the conceptual approach and the statutory approach. Sources of legal materials used are primary and secondary legal materials. Based on the research that has been done, it shows that the regulation of television broadcasts carried out by the Indonesian Broadcasting Commission is expected to be able to regulate broadcasts so that they do not deviate from broadcast corridors that are in accordance with sound broadcast standards or categories and are able to provide inspiring information and education to the public watching the broadcast. The imposition of sanctions for stations that violate must also be firmer and have a deterrent effect so that the same incident does not occur again. For this reason, it is better if the government, television stations, and the community must work together to create healthy broadcasts not only based on ratings and material benefits, but must be based on the concept of healthy and inspiring education among the public.
Perlindungan Hukum terhadap Pelaku Pembunuhan Begal atas Dasar Pembelaan Terpaksa
Anak Agung Gede Agung;
Anak Agung Sagung Laksmi Dewi;
I Made Minggu Widyantara
Jurnal Interpretasi Hukum Vol. 2 No. 1 (2021): Jurnal Interpretasi Hukum
Publisher : Warmadewa Press
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DOI: 10.22225/juinhum.2.1.3075.1-7
A criminal act is an act that is prohibited by law and is subject to sanctions. Not all acts that violate the provisions of the law can be punished, as contained in article 49 of the Criminal Code, which has been sentenced to a criminal sentence. A person who is a victim of a criminal act of tampering in the proximity of a criminal act who commits an act of defense is not sentenced. The type of research used is normative legal research. An act of defense that cannot be subject to punishment, the law applicable to article 49 of the Criminal Code in which a criminal act is committed in a threatening situation or an attack at that time, such as a victim of tampering himself, a judge as a law enforcer who examining and deciding an action can see evidence of the perpetrator's actions of self-defense which meet the elements of defense, the judge also considers the reasons of the perpetrator which can mitigate especially the perpetrator who is defending himself To law enforcement officials, judges in defending offenders who pay more attention to someone who is doing it so that justice can be created.