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I Made Minggu Widyantara
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Law, Crime, Criminology & Criminal Justice Social Sciences

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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 : Fakultas Hukum, Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/juinhum.1.1.2199.130-136

Abstract

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 : Fakultas Hukum, Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/juinhum.1.1.2200.137-142

Abstract

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.
Urgensi Saksi Pelaku yang Bekerjasama (Justice Collaborator) dalam Tindak Pidana Korupsi Ni Luh Made Dwi Pusparini; A. A. Sagung Laksmi Dewi; I Made Minggu Widyantara
Jurnal Interpretasi Hukum Vol. 1 No. 1 (2020): Jurnal Interpretasi Hukum
Publisher : Fakultas Hukum, Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/juinhum.1.1.2207.179-185

Abstract

The State of Indonesia appears as a State of Law meaning that State power is exercised according to applicable laws so the law applies to all aspects of social life that lead to the creation of an objective of the law. As a consequence of the weakness of the law in the State of Indonesia there are still a large number of crimes that are developing, including the criminal acts of corruption as one of organized crimes. Not only have corruption crimes developed in Indonesia but also in other countries. As a result, in tackling the emergence of the criminal acts of corruption, it is necessary to have perpetrators cooperating as witnesses with law enforcement authorities in terms of revealing the main perpetrators and others so it has a major influence on the corruption case. Using the normative legal research method, this research examines the urgency of regulating witnesses of collaborating perpetrators in a the criminal act of corruption and the criminal sanctions against witnesses of collaborating perpetrators in criminal acts of corruption. The results show that in positive Indonesian law there are regulations regarding Justice Collaborator in Government Regulation No 71 Article 5 Paragraph (2) of 2000 regulating the rights and legal protection of every witness, criminal reporter / witness who reports. Whereas judges’ considerations in imposing criminal sanctions on justice collaborators in the criminal acts of corruption which are based on Law No. 20 of 2001 related to Law No. 31 of 1999 concerning Eradicating Corruption Crimes and is contained in the Supreme Court Circular No. 4 of 2011 in specific actions regarding Criminal Sanctions namely providing relief in other forms of protection.
Kedudukan dan Perlindungan Saksi Mahkota dalam Tindak Pidana Pencurian dengan Kekerasan (Studi Kasus Pengadilan Negeri Denpasar) Ni Made Elly Pradnya Suari; I Made Minggu Widyantara; Ni Made Sukaryati Karma
Jurnal Interpretasi Hukum Vol. 1 No. 1 (2020): Jurnal Interpretasi Hukum
Publisher : Fakultas Hukum, Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/juinhum.1.1.2213.210-215

Abstract

The presence of witnesses in the evidence is the keyword in disclosing the facts of criminal cases. The crown witness is often present at court. However, there are many differences of opinion in the Jurisprudence regarding the use of crown witnesses in court because there is no legal regulation that explicitly regulates the use of crown witnesses in criminal justice. Based on these problems, this study described how the protection of the rights of defendants as crown witnesses in criminal acts of theft with violence and how the position of crown witnesses in criminal acts of theft with violence. This research was designed using a normative legal research method and a conceptual approach. In the Criminal Procedure Code, there is no prohibition for a defendant to provide information for other defendants as far as using a splitsing system so that defendants who are crown witnesses still receive legal protection. The decision of the Supreme Court Number 1942 K / PID / 2012 which in its verification process used a crown witness. In this case, the public prosecutor presented the crown witness due to the lack of evidence especially witness testimony evidence. The role of the crown witness is very important to uncover criminal events because the defendant knows, sees, and commits criminal theft with violence. The result of this study showed that the protection of the rights of the defendant as a crown witness is equated with the rights of the defendant in general, which is regulated in Article 50 to Article 68 of the Criminal Procedure Code and witness rights set out in Article 5 of Law Number 31 of 2014. The position of the crown witness is justified in proof-based on the Circular Attorney General's Office of the Republic of Indonesia Number B-69 / E / 02/1997 of 1997 concerning Proof Law in Criminal Cases.
Konsepsi Hukum Progresif dalam Pengaturan Tindak Pidana Korupsi di Indonesia Efraim Mbomba Reda; I Nyoman Putu Budiartha; I Made Minggu Widyantara
Jurnal Interpretasi Hukum Vol. 1 No. 2 (2020): Jurnal Interpretasi Hukum
Publisher : Fakultas Hukum, Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/juinhum.1.2.2431.35-39

Abstract

Progressive law puts forward the sociology of law rather than legal certainty which is the focus of legal positivism. In Indonesia, this law was coined by Satjipto Rahardjo. This study aims to determine the formulation of progressive law in future criminal law, and to determine the actualization of the concept of progressive law in regulating corruption in Indonesia. The research method used is a normative legal research method with statute and conceptual approaches. The technique of collecting legal materials in this study is a descriptive method that aims to obtain the meaning of reality related to the problems to be discussed and solved in this study. The results show that in the current Criminal Code Bill, progressive law has been regulated, to be precise in Article 2 paragraph (1) and (2). Progressive law is also regulated in Law no. 48 of 2009 concerning Judicial Power. Then, the actualization of progressive law in regulating corruption in Indonesia is a judge with the powers that take into account the sociological context of society in making decisions. Judges, prosecutors and lawyers can certainly discuss together in eradicating corruption. Efforts are also being made to reconstruct and redefine the power of law enforcement. This arrangement can also encourage the KPK to be more progressive in eradicating corruption, as well as building law enforcers who have morality so that they can become role models and increase public participation, for example by forming NGOs in preventing or fighting corruption in various agencies.
Tinjauan Yuridis terhadap Penegakan Tindak Pidana Terorisme Ditinjau dari “Asas Presumtion of Innocence” dan “Presumtion of Guilt” I Made Yogi Astawa; I Made Minggu Widyantara; Ni Made Sukaryati Karma
Jurnal Preferensi Hukum Vol. 1 No. 1 (2020): Jurnal Preferensi Hukum
Publisher : Warmadewa Press

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Abstract

Terrorism is an act that uses violence or threat of violence. Thus, law enforcement against criminal acts of terrorism is carried out with the Indonesian Criminal Justice System, with the operation of criminal justice systems ranging from the level of investigation, prosecution, justice to Prisoners in Penitentiary institutions into a single unit of the criminal justice system that enforces legal rules related to criminal acts of terrorism based on the principles of "Presumtion of Innocence" and "Presumtion of Guilt". This study aims to determine the prevention of criminal acts of terrorism in terms of the principle of the Presumtion of Guilt and efforts to enforce criminal acts of terrorism in the perspective of the principle of the Presumtion of Innocence. This type of research is Normative research type. In this paper it can be concluded that the enforcement of criminal acts of terrorism can be done through preventive measures by preventing the first occurrence of criminal acts of terrorism and repressive efforts by carrying out law enforcement efforts against suspects or defendants of criminal acts of terrorism. The enforcement of criminal acts of terrorism based on the principle of the Presumtion of Innocence has been aligned and implemented with the criminal justice system and preceded by the existence of two pieces of initial evidence so that no procedural defects occur and result in human rights violations.
Pengaturan Sanksi Kumulatif dalam Tindak Pidana Korupsi I Made Sandi Cahyadi; I Nyoman Putu Budiartha; I Made Minggu Widyantara
Jurnal Preferensi Hukum Vol. 1 No. 1 (2020): Jurnal Preferensi Hukum
Publisher : Warmadewa Press

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Abstract

Corruption is a crime against social and economic rights of the community. Corruption has become an extraordinary crime or crime. Likewise, the eradication effort can no longer be done in the usual way, but must use extraordinary methods. Corruption is an evil act that can make the country a loss. In Indonesia, corruption has been widespread in society, its development continues to increase from year to year. This study aims to analyze the regulation of cumulative sanctions in corruption and analyze the judges' consideration in imposing criminal sanctions in place of fines as one of the cumulative sanctions in corruption. The research used was normative legal research using a statutory approach, conceptual approach, case approach which was then analyzed descriptively. Based on the results of the discussion it can be explained that the regulation of cumulative sanctions in corruption is regulated in article 2, article 6, article 8, article 9, article 10, article, 12, article 12B. Judge's consideration in giving a ruling is judicial consideration and seeing the legal facts revealed in the trial. So it can be concluded that the approach used by the judge in consideration of the decision is the balance theory, the theory of the art approach and intuition, the scientific approach theory, the experience approach theory and the ratio decidendi theory.
Peran Pranata adat Dalam Pencegahan Konflik Antara Kelompok Masyarakat Adat I Putu Agus Arya Dauh; I Ketut Sukadana; I Made Minggu Widyantara
Jurnal Preferensi Hukum Vol. 1 No. 1 (2020): Jurnal Preferensi Hukum
Publisher : Warmadewa Press

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Abstract

Customary order becoming a sociological aspect of institutionalized procedures for handling conflicts is a reality that still exists in Indonesian society. Indonesian people in general still apply the traditional values ​​that have been applied for a long time as role models in social life. Law Number 7 of 2012, has encouraged customary arrangements in the management and solved problems in the community. The issue to be discussed in this paper were the regulation of handling social conflicts in Indonesia according to Law No. 7 of 2012? and the role of traditional institutions in handling social conflicts in Indonesia's heterogeneous society. In this study the authors used a normative legal research method. This study use the socio-legal approach. The results of this study showed that the regulation of handling social conflicts according to Law No. 7 of 2012 Customary Institutions have a role in conflict prevention, conflict management, post-conflict handling between communities. The role of the customary community order in handling a conflict for Indonesian community groups increases or fosters tolerance and mutual respect for freedom in carrying out community activities. With the growth of tolerance, conflict between communities can be avoided
Penegakan Hukum terhadap Pelanggaran Penggunaan Telephone Selular saat Berkendara I Putu Raditya; Ida Ayu Putu Widiati; I Made Minggu Widyantara
Jurnal Preferensi Hukum Vol. 1 No. 1 (2020): Jurnal Preferensi Hukum
Publisher : Warmadewa Press

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Abstract

Cellular Telephone is a communication tool that can connect people with others who are obstructed by distance and time. Its use is now a priority for most people. The level of traffic accidents caused by drivers who drive their vehicles while using the telephone is also increasing. In connection with the above it will be discussed regarding the regulation of the use of cellular telephone while driving as well as law enforcement for motorists who violate the use of cellular telephone while driving. In this paper the method used is a normative legal method which uses legal material collection techniques in the form of study documents and uses primary legal material sources such as legislation and secondary legal materials such as legal books which are then poured descriptively to get final conclusions. Then regarding the conclusions of the results of this study namely violations of the use of cellular telephones have explained that in driving there is no concentration to cause an accident and even to cause death then threatened with imprisonment and fines as regulated in Law No. 22 of 2009 concerning Past Road Traffic and Transportation. For law enforcement efforts to prevent the use of cellular telephones it is necessary to understand the community from adolescents to adults of the dangers and impacts of using cellular telephones when driving. So that safety can be created in driving with other public road users.
Pelaksanaan Asimilasi dalam Pembinaan Anak Negara di Lembaga Pemasyarakatan Karangasem I Made Satya Adhi Wicaksana; I Made Minggu Widyantara; I Pt Gd Seputra
Jurnal Preferensi Hukum Vol. 1 No. 1 (2020): Jurnal Preferensi Hukum
Publisher : Warmadewa Press

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Abstract

Assimilation embodies the correctional principle which requires that prisoners not be separated from society. This assimilation was given in order to provide guidance for prisoners, provide skills or education for prisoners to prepare themselves to live independently in the community after being free to undergo criminal justice. Assimilation can allow providing opportunities for prisoners to be able to socialize with the community through coaching, as well as activities carried out with the community. So that later when it is free to be able to return to the midst of society as part of the community and that is not less important, it can provide provision of education and skills that can be used in the community later. The formulation of the problem in this study is: how is the implementation of assimilation as an effort to foster State Children in the Karangasem Correctional Institution and what obstacles are faced in implementing assimilation in the Karangasem Penitentiary. The type of research used in this study is empirical legal research. The results of the discussion in this study are as follows: Implementation of assimilation in the Karangasem Penitentiary based on the Decree of the Minister of Justice of the Republic of Indonesia Number M.01. PK.04-10 of 1999, and for prisoners related to drug cases, especially users, the coaching is carried out strictly, making it difficult to give assimilation efforts. The obstacles faced in the implementation of assimilation in the Karangasem Penitentiary include: the lack of officers of Karangasem prison institutions who have professional and professional education, lack of interest in serving people in Karangasem Prison, lack of implementing officers for prisoner training, experts are still less like psychiatrists, psychologists, sociologists, doctors and others according to the operational technical needs of Karangasem state detention centers.
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 Anju Indah Sucita Arion Tampubolon Cok Rai Kesuma Putra Dewi, A.A Sagung Laksmi 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