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All Journal Jurnal Konstruksi Hukum Jurnal Interpretasi Hukum Jurnal Preferensi Hukum (JPH)

I Made Minggu Widyantara

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Author-ID : 2324860

Law, Crime, Criminology & Criminal Justice Social Sciences

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Sanksi Pidana bagi Pelaku Tindak Pidana Pedofilia terhadap Anak Agus Rai Mahardika; Anak Agung Sagung Laksmi Dewi; I Made Minggu Widyantara
Jurnal Konstruksi Hukum Vol. 1 No. 1 (2020): Jurnal Konstruksi Hukum
Publisher : Warmadewa Press

In Indonesia, to date, the world of children has become very concerning. This is not in words, but there is a fact that does exist and should receive serious attention. This is evidenced by the growing number of non-governmental organizations caring about the fate of Indonesian children, and there is good faith in the government to overcome the situation by issuing stricter rules and regulations to ensure the protection for children. This study examines the legal arrangements for perpetrators of criminal acts of sexual harassment against minors and the legal sanctions. This research is a legal research and the approach used is a normative juridical approach that is descriptive analytic. The data collected comes from the prevailing laws and regulations, which are analyzed quantitatively and then interpreted by deductive method. Sexual harassment appears as a form of sexual act or discourse in which an adult seeks sexual gratification with a minor. Sexual abuse of a child can include contact or interaction between a child and an adult, wherein the child is exploited for sexual stimulation by the offender or another person who is in a position of power or control over the victim, including inappropriate physical contact, making pornography or showing adult genitals to children. Sanctions for sexual harassment are strictly regulated in the Criminal Code, namely in Articles 287, 290, 293, 294, and 295. Meanwhile, according to the Child Protection Law no. 23 of 2002, it is regulated in articles 78, 82 and 88. In all of these articles, it is explained about the criminal provisions and the types of sanctions given to the perpetrators of the sexual harassment. The sanctions given are in the form of imprisonment and fines.

Sanksi Pidana terhadap Guru yang Melakukan Tindak Penganiayaan kepada Murid saat Proses Pembelajaran Anak Agung Ngurah Adhi Wibisana; I Made Sepud; I Made Minggu Widyantara
Jurnal Konstruksi Hukum Vol. 1 No. 1 (2020): Jurnal Konstruksi Hukum
Publisher : Warmadewa Press

Indonesia has a law on education, namely Law No. 14 of 2005 on Teachers and Lecturers. In its implementation, there is a case that causes pros and cons to the statement of every article of the Teacher and Lecturer Law, especially in relation to the right to defend oneself in criminal acts of persecution. The purpose of this research is to know the arrangement of teaching methods for students during the learning process and to know the criminal sanctions against teachers who abuse students during the learning process. This study uses a normative method with the main data sources namely laws and regulations. The results showed that the element of an act, and / or the result of an act, pain in the body, and injuries to the body contained in Article 351 paragraph (1) of the Criminal Code refers to the Teacher and Lecturer Law, namely in Article 77 paragraph (6). This article defines the basis of persecution, namely actions that cause pain to a person. The criminal act of persecution in the world of education, at least, must be considered with the intention of disciplining and educating the nation's life.

Penegakan Perda Kota Denpasar di Kawasan Prostitusi Belanjong Sanur Anju Indah Sucita; I Ketut Sukadana; I Made Minggu Widyantara
Jurnal Konstruksi Hukum Vol. 1 No. 1 (2020): Jurnal Konstruksi Hukum
Publisher : Warmadewa Press

Social problems related to prostitution continue to develop from various cities, as well as the city of Denpasar as a metropolitan city where there is a place of prostitution in one of the Denpasar areas, namely Belanjong Sanur. With the Regional Regulation (Perda) of Denpasar City Number 1 of 2015 concerning Public Order, it is hoped that its implementation. Based on the background of the problem above, the purpose of this study is to determine the implementation of the Regional Regulation (Perda) of Denpasar City Number 1 of 2015 concerning Public Order in the Belanjong Sanur area and to analyze how the efforts made by the Denpasar City Government in eradicating prostitution in the Belanjong area Sanur. This type of research is empirical legal research using descriptive qualitative data analysis methods. The results showed that the implementation of the Denpasar City Regional Regulation (Perda) Number 1 of 2015 concerning Public Order in the Belanjong Sanur area, which was implemented by the Denpasar City Civil Service Police Unit (Satpol PP) has been carried out well. Furthermore, the efforts made by the Denpasar City Government in eradicating prostitution in the Belanjong Sanur area, in general, the efforts to overcome prostitution can be divided into two, namely efforts that are preventive in nature and actions that are repressive in nature. Preventively in the Belanjong Sanur area, namely conducting socialization and counseling. The law enforcement carried out by Satpol PP is by controlling the location of prostitution and making arrests, as is their obligation as the enforcer of Perda No.1 of 2015.

Sanksi Pidana terhadap Pengasuh Tempat Penitipan Anak terhadap Kematian Anak yang Diasuh Gede Made Agus Paramartha; I Ketut Sukadana; I Made Minggu Widyantara
Jurnal Konstruksi Hukum Vol. 1 No. 1 (2020): Jurnal Konstruksi Hukum
Publisher : Warmadewa Press

Children are one of the gifts entrusted by God Almighty to every parent. They have the obligation to supervise and maintain the development of each child. Children should also be cared for properly by their parents, but it is not uncommon for children to be cared for by others through child care services. When a child is under supervision at a child care service, there is negligence by the caregiver which causes the death of the child. Based on this background, this study aimed to describe how the legal protection for children who are left in a child care center and what are the criminal sanctions for the caregivers of child care center toward child deaths. This research was conducted using the normative legal method. The results of this study showed that children who are left in a child care center get legal protection to prevent children from getting acts that threaten the child's psyche. Legal protection is specifically regulated in Law Number 35 of 2014 concerning child protection. In addition, the criminal sanction for caregivers of child care toward the death of a child refers to article 359 of the Criminal Code with the risk of a sentence of 5 years in prison.

Sanksi Pidana Terhadap Pelaku Tindak Pidana Pemilu di Indonesia I Gusti Bagus Yoga Sastera; I Made Minggu Widyantara; Luh Putu Suryani
Jurnal Konstruksi Hukum Vol. 1 No. 1 (2020): Jurnal Konstruksi Hukum
Publisher : Warmadewa Press

In a general election, election crime is bound to occur, in the handling of election criminal acts, it is necessary to have regulations regarding the regulation and sanctions against election criminal offenders to achieve legal certainty regarding the handling of election crimes. The purpose of this research is to find out the regulation of election criminal acts and sanctions against election criminal offenders. The research method used is normative research by examining the sources of law from various aspects and using primary legal sources. The results of the research show that election criminal acts are divided into 2 (two) things, namely violations and crimes, however the law does not clearly regulate the qualifications of violations and crimes, which should be made by law to regulate more clearly so that we can know more about the actions that are involved. how it is said to be violations and what actions are called crimes. Furthermore, regarding sanctions and institutions authorized in handling criminal cases, both violations and crimes in criminal elections, are also listed in Law No.7 of 2017 concerning elections. So that with this research the procedures for qualifying the violation, who feel that their rights are being violated, can report to the right institution to handle the case.

Pembagian Harta Tak Bergerak Akibat Perceraian Berdasarkan Putusan Nomor 149/Pdt.G/2017/Pn Tabanan Agung Istri Altia Dwi Widaswari; I Nyoman Putu Budiartha; I Made Minggu Widyantara
Jurnal Konstruksi Hukum Vol. 3 No. 1 (2022): Jurnal Konstruksi Hukum
Publisher : Warmadewa Press

The law of husband and wife wealth due to divorce is joint property and must be divided by 50% for husband and wife. Equitable distribution of shared assets, a dispute will arise between the two. If the joint property is in the form of immovable objects, the parties maintain their share rights without anyone intending to relinquish their rights to be sold to other parties, then how to resolve it. The formulation of the problem is 1. How is the distribution of property in the form of immovable objects after divorce without a marriage agreement? 2. What is the judge's consideration in the distribution of immovable property after divorce without a marriage agreement? The research method used is normative legal research. The results of the discussion of the distribution of assets after divorce in the absence of a marriage agreement can be carried out by mediation or through the court. Regarding the distribution of assets in decision Number 149/Pdt.G/2017, it is following the evidence, facts in court. The author suggests judges be more careful in deciding cases. The legislature must continue to revise the law in order to keep up with the development of society.

Implementasi Undang-undang Nomor 35 Tahun 2014 Tentang Perlindungan Anak Dalam Pemenuhan Hak Tumbuh Kembang Anak di Kabupaten Gianyar Komang Krisna Prema; Anak Agung Sagung Laksmi Dewi; I Made Minggu Widyantara
Jurnal Konstruksi Hukum Vol. 3 No. 1 (2022): Jurnal Konstruksi Hukum
Publisher : Warmadewa Press

Pentingnya suatu pembahasan mengenai perlindungan anak pada Kabupaten Gianyar sebagai contoh wilayah layak anak tingkat nasional didasarkan atas pemenuhan hak tumbuh kembang anak sebagaimana diatur dalam UU Perlindungan Anak. Tujuan penelitian ini guna mengungkap efektifitas implementasi Undang-undang Nomor 35 Tahun 2014 Tentang Perlindungan anak dalam pemenuhan hak tumbuh kembang anak di Kabupaten Gianyar serta upaya Dinas Pemberdayaan Perempuan Perlindungan Anak Pengendalian Penduduk dan Keluarga Berencana Kabupaten Gianyar dalam melaksanakan program pemenuhan hak tumbuh kembang pada anak. Penelitian ini merupakan jenis penelitian empiris dengan pendekatan perundang-undangan. Sumber data yang digunakan berupa sumber hukum primer dan sekunder. Teknik pengumpulan data yang digunakan dalam penelitian ini dengan teknik wawancara dan teknik studi dokumen hukum. Dalam mengangkat permasalahannya data dianalisis secara kualitatif yang disajikan dalam bentuk diskriptif. Hasil temuan mengungkapkan efektifitas implementasi Undang-undang Nomor 35 Tahun 2014 Tentang Perlindungan anak dalam pemenuhan hak tumbuh kembang anak di Kabupaten Gianyar, telah berjalan dengan efektif dan memberikan dampak yang baik bagi anak-anak di Kabupaten Gianyar. Upaya Dinas Pemberdayaan Perempuan Perlindungan Anak Pengendalian Penduduk dan Keluarga Berencana Kabupaten Gianyar dengan menyiapkan program-program yang diutamakan untuk meningkatkan perlindungan atas hak anak.

Sanksi Pidana terhadap Pelaku Tindak Pidana Penipuan dalam Pencucian Uang Pada PT. Purnama Kertasindo Jakarta Timur I Made Ngurah Adi Kusumadewa; I Nyoman Gede Sugiartha; I Made Minggu Widyantara
Jurnal Konstruksi Hukum Vol. 3 No. 1 (2022): Jurnal Konstruksi Hukum
Publisher : Warmadewa Press

That fraud is listed in the Criminal Code (KUHP) Chapter XXV bedrog Article 378 which is an act that seeks self-profit by violating the law, using deceit, and using a series of lies. Meanwhile, money laundering is included in Law No. 8 of 2010 which means all actions related to placing objects of property originating from criminal acts. The problems are 1) What is the form of criminal sanctions against perpetrators of fraud in money laundering? And 2) What are the legal considerations of the panel of judges in making decisions against perpetrators of fraud in money laundering at PT. PURNAMA KERTASINDO EAST JAKARTA?. The method used is the normative method. Fraud has the aim of possessing property to benefit oneself in the form of money or objects in an illegal manner. This can cause a person to commit fraud which is usually the case and will also lead to other irregularities such as money laundering. Imprisonment sanctions are often used to punish deviant criminals.

Akibat-Akibat Hukum terhadap Pelaku Tindak Pidana Pemalsuan Rekam Medis Seseorang Mario Gregorius Funan Ahoinnai; I Nyoman Sugiartha; I Made Minggu Widyantara
Jurnal Interpretasi Hukum Vol. 1 No. 1 (2020): Jurnal Interpretasi Hukum
Publisher : Warmadewa Press

Health services especially in the medical world, patients who feel that the services provided are not satisfactory even cause fatal conditions to the detriment of patients caused by paramedic errors, then the patient's family must make a firm effort, plus if the patient's rights feel not given. The purpose of this study was to determine the legal consequences of falsification of medical records of the origin of a person and the responsibility of hospitals that participated in helping falsify medical records. In this study using the type of normative legal research by analyzing and knowing the law becomes a set of rules a positive norm in the legislation system. The legal consequences of falsifying a person's medical record are not clearly regulated in regulations relating to the falsification of a person's medical record, it is not clearly regulated in Wetboek van Statrecht (KUHP), but a medical record is a confidential document in the event of falsification of documents or a letter has been regulated in Article 263 of the Criminal Code which explicitly convicts anyone found guilty of falsifying a letter. The responsibility of the hospital which also falsified the medical record is a criminal justice process to prove the elements of wrongdoing in a criminal act to be accounted for because it has been regulated in Law Number 36 of 2014 concerning Health Workers contained in article 84 which contains actions which occurs due to negligence committed by a nurse doctor or health worker.

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

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.

Co-Authors A. A. Sagung Laksmi Dewi A.A Sagung Laksmi Dewi Agung Istri Altia Dwi Widaswari Agus Rai Mahardika Anak Agung Ngurah Adhi Wibisana Anak Agung Sagung Laksmi Dewi Anju Indah Sucita Arion Tampubolon Cok Rai Kesuma Putra Efraim Mbomba Reda Gede Made Agus Paramartha Gusti Ayu Euanggelin Marsha Wangania I Gede Sathya Narayana Andrade I Gusti Bagus Yoga Sastera I Ketut Sukadana I Made Jaya Wiguna I Made Ngurah Adi Kusumadewa I Made Sandi Cahyadi I Made Satya Adhi Wicaksana I Made Sepud I Made Yogi Astawa I Nyoman Gede Sugiartha I Nyoman Putu Budiartha I Nyoman Sugiartha I Nyoman Sukandia I Nyoman Trian Prananta Wibawa I Pt Gd Seputra I Putu Agus Arya Dauh I Putu Raditya I Wayan Dedi Arta I Wayan Yuda Atmaja Ida Bagus Diwangkara Kade Richa Mulyawati Kadek Hary Harmawan Karma, Ni Made Sukaryati Ketut Adi Wirawan Komang Anik Sudarnita Komang Krisna Prema Marianus Oktavian Darung Mario Gregorius Funan Ahoinnai Ngurah Dwi Putra W Ni Kadek Nilawati Dwi Cahya Ni Kadek Nisa Alfiyana Ni Luh Made Dwi Pusparini Ni Luh Putu Amanda Cahayani Ni Made Dwi Ari Cahya Utami Ni Made Elly Pradnya Suari Putu Suryani . Widiati, Ida Ayu Putu

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