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All Journal Jurnal Konstruksi Hukum Jurnal Interpretasi Hukum Jurnal Preferensi Hukum (JPH) Journal of Law, Poliitic and Humanities
I Gusti Bagus Suryawan
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Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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Legal Protection For Copyright Holders For Violations In The Form of Piracy of Film Cinematographic Works on The Telegram Application Oka Sugiadnyana, I Made; Bagus Suryawan, I Gusti
Journal of Law, Politic and Humanities Vol. 4 No. 4 (2024): (JLPH) Journal of Law, Politic and Humanities (May-June 2024)
Publisher : Dinasti Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jlph.v4i4.373

Abstract

The purpose of this research is to determine the legal protection sought by cinematography copyright holders against piracy of film works via Telegram. The method used in this research is a normative legal research method with a statutory regulatory approach. The research results show that acts of piracy, such as duplicating and distributing cinematographic works without the author's permission, are legal violations that harm copyright holders, both economically and morally. In the context of legal protection for the copyright of cinematographic works, there are two forms, namely preventive legal protection by the government in the form of laws and regulations that regulate it and repressive protection through dispute resolution. Creators or copyright holders can take legal steps, either through litigation in court or non-litigation outside of court with the help of third parties, as an effort to overcome piracy of cinematographic works that occurs in the Telegram application.
Hak Mantan Narapidana Korupsi sebagai Calon Anggota Dewan Perwakilan Rakyat dan Dewan Perwakilan Rakyat Daerah dalam Pemilihan Umum Gede Nofantara Putra; I Gusti Bagus Suryawan; Ida Ayu Putu Widiati
Jurnal Interpretasi Hukum Vol. 2 No. 2 (2021): Jurnal Interpretasi Hukum
Publisher : Fakultas Hukum, Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/juinhum.2.2.3477.447-451

Abstract

Indonesia is a constitutional democracy which in a democratic country, general elections including regional head elections (Pemilukada) are a way of being a form of people's sovereignty in playing an active role in state administration. The existence of post-conflict local elections is held at all types of political levels either in a democratic, authoritarian or totalitarian system and is recognized by States adhering to the principle of people's sovereignty. As for the formulation of the problem of this scientific paper, namely (1) How are the requirements for the nomination of members of the People's Representative Council and Regional People's Representative Council members in the election (general election)? (2) What are the implications of corruption convicts running for members of the people's representative council and regional people's representative council? This research uses normative legal research methods, statutory and conceptual approaches, primary and secondary legal sources, document studies and literature studies, and analysis of legal interpretations and descriptive analysis. On human rights, a person who has served a sentence as a prisoner has the same rights as other citizens and because the prisoner has already served the consequences of his actions with a sentence.
Pelaksanaan Disiplin Aparatur Sipil Negara di Lingkungan Pemerintah Kabupaten Klungkung Ni Putu Ayu Sutarini Dewi; I Gusti Bagus Suryawan; Luh Putu Suryani
Jurnal Preferensi Hukum Vol. 2 No. 1 (2021): Jurnal Preferensi Hukum
Publisher : Warmadewa Press

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Abstract

In order to realize national goals, ASN is in charge of providing public services. In serving the community, there are still many ASNs whose performance is not satisfactory in serving the community and many ASNs that violate disciplinary regulations. Discipline violations of the State Civil Apparatus include disobeying obligations and or violating the prohibition of the provisions of the ASN discipline, both those carried out inside and outside working hours. The problem of this research is about the application of penalties to the State Civil Apparatus who violate discipline and inhibiting factors in imposing sanctions. The method used in this study is empirical research with primary and secondary legal materials and legal material collection techniques by directly dropping space, interviews and literature studies. The results of the study were the application of penalties against ASN that violated the rules according to the level of violations committed and applied in accordance with Law No. 53 of 2010. The factors that become a barrier in the implementation of sanctions in the Klungkung Regency Government Environment are caused by the lack of strict attitude of the superiors and the high level of nepotism or kinship system as well as the political conditions in the Klungkung Regency government in general and the Secretariat in particular .
Penerapan Peraturan Daerah Kota Denpasar Nomor 3 Tahun 2015 Tentang Pengelolaan Sampah Dewa Gede Agus Anjaswara; I Gusti Bagus Suryawan; Luh Putu Suryani
Jurnal Konstruksi Hukum Vol. 1 No. 1 (2020): Jurnal Konstruksi Hukum
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/jkh.1.1.2134.78-83

Abstract

The city of Denpasar has not been able to carry out waste management properly, even though waste management is very important to reduce the volume of waste, and it can even use waste into useful objects or products. Denpasar City tries to manage waste in Denpasar. The purpose of this research is to find out how the implementation of Denpasar City Regulation Number 3 of 2015 concerning Waste Management and to find out the supporting and inhibiting factors of the enactment of Denpasar City Government Regulation Number 3 of 2015 concerning Waste Management. This study was designed using empirical legal research with a statutory approach. The data collection techniques used in the study were interviews and documentation. The results show that the action of the Denpasar city government against violations of the Regional Regulation of the City of Denpasar Number 3 of 2015 concerning waste management is to implement minor crimes against offenders where those who violate are tried in light criminal court (Tipiring). Then, the supporting and inhibiting factors for the enforcement of Regional Regulation Number 3 of 2015 on Waste Management are the legal basis for cleanliness management that has been issued by the Denpasar City Government in the form of Legislation, Regional Regulations, and the Mayor of Denpasar. Inhibiting factors for the enforcement of Sanctions by Regional Regulation No.3 of 2015 on Waste Management, namely factors of law enforcement officers, facilities and infrastructure factors, and community factors.
Penegakan Sanksi Terhadap Aparatur Sipil Negara yang Melakukan Pelanggaran Disiplin di Lingkungan Pemerintah Kota Denpasar Ni Luh Sandiani; I Gusti Bagus Suryawan; Ida Ayu Putu Widiati
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.1.1.2210.196-203

Abstract

One of the problems faced by the Indonesian bureaucracy is the violation of discipline by Civil Servants. Therefore, Law No. 5 of 2014 concerning Civil Servantsand PP No. 53/2010 concerning Civil Servant Discipline. Based on this background, this research was conducted with the aim of outlining how the discipline of Civil Servants in Denpasar City Government based on Law No.5 / 2014 concerning ASN and PP No. 53/2010 concerning Discipline of Civil Servants and how to enforce legal sanctions for Civil Servants who commit disciplinary violations within the Denpasar City Government. This research was designed using an empirical approach. This research was conducted directly at the Denpasar City BKPSDM by conducting interviews with the Kasubid Discipline and the Denpasar City BKPSDM Award. The results of this study indicated that the regulation of Civil Servant discipline in the BKPSDM is clearly regulated in the Civil ServantLaw and PP No. 53/2010 concerning Discipline of Civil Servants, and enforcement of legal sanctions at the BKPSDM for ASN who commit violations of discipline are also guided by Law No. 5 of 2014 concerning ASN and PP No 53/2010 concerning Discipline of Civil Servants. These laws and regulations already have clear rules. The causes of discipline violations committed by Civil Servants are that Civil Servantsdo not understand the rules, the leadership does not act firmly, lack of inherent supervision (WASKAT), and lack of appreciation praise for subordinates.
Mekanisme Pembubaran Partai Politik di Indonesia Ramot H.P Limbong; I Gusti Bagus Suryawan; I Nyoman Sutama
Jurnal Preferensi Hukum Vol. 1 No. 1 (2020): Jurnal Preferensi Hukum
Publisher : Warmadewa Press

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Abstract

Political parties as legal entities may be subject to criminal liability as they are seen from the characteristic of political parties in accordance with the characteristics of the legal entity. The dissolution of political parties becomes one of the legal issues governed by Indonesian legislation. The problem of this research is: 1) how is the Constitutional Court Authority in the dissolution of political parties in Indonesia? 2) How is the mechanism of dissolution of political parties? The type of research and approach problems used is normative legal research and statutory approaches. The source of the legal material used is the primary source of legal material and the source of secondary legal material. The technique of collecting legal materials is the technique of library study. The collected legal materials are processed and analyzed using legal arguments. The result of this research is the procedure of the dissolution of political parties in the Constitutional Court as follows: Application submission, application registration and trial schedule, preliminary examination, trial examination, meeting Judge, the verdict of the Constitutional Court. The result of the dissolution of political parties may result in external rights and obligations, due to elected positions, due to the status of managers and members and the consequences of internal rights and obligations.
Penegakan Hukum terhadap Penyalahgunaan Narkotika Made Ratih Pradnyantari; I Gusti Bagus Suryawan; I Nyoman Sujana
Jurnal Preferensi Hukum Vol. 2 No. 1 (2021): Jurnal Preferensi Hukum
Publisher : Warmadewa Press

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Abstract

Narcotics misappropriations have the bad impacts for nation generation continuance. The anticipation needs cooperation from all society elements, such as family, every education stages until universities and government must be united on narcotic. Prevention efforts in environment around them. The aims of this research are as follows: 1. To find out the steps which are applied by low enforcement in against narcotics misappropriation, 2. To find out and understand about doubt imposition which is did by the users of narcotics misappropriation. The law object source of this research is primary and secondary law object, the technique of accumulating is using document regristration method and recite the law regulations which are related to the problem and analysis by using descriptive qualitative.From the result of observation and researsech, the step that all of society element in narcotic prevention efforts in society environment, such as: 1. Promotive method, 2. Presentative method, 3. Repressive method, 4. Curative method, 5. Rehabilation. Criminal doubt is given for the narcotics addict who is walk on punishment period in jail, where as the action doubt is given for narcotics addict who become as a victim. Therapy and treatment will held as the rehabilition facilities.Government as policy taker is expected can formulate laws and regulations which are more binding in controlling and production of narcotics in Indonesia, and there is needs socialiscation and eludication about the impact of narcotics misappropriation.
Peran TP4D Kejaksaan Negeri Denpasar dalam Mengawal Pembangunan Daerah dalam Pencegahan Tindak Pidana Korupsi Ni Ketut Puput Cahyaningsih; I Gusti Bagus Suryawan; I Nengah Laba
Jurnal Preferensi Hukum Vol. 2 No. 1 (2021): Jurnal Preferensi Hukum
Publisher : Warmadewa Press

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Abstract

The implementation of strategic policies to eradicate corruption through prosecution alone will not succeed without the prevention efforts as a form of awareness for the public about the dangers of corruption which ultimately arouse the spirit of anti-corruption in all levels of society. Attorney General's instruction Number: INS-001 / JA / 10/2015 concerning the establishment and implementation of the duties of the guards for the security of the central and regional government, the formation of the TP4D Team was intended for safeguarding and escorting the government in the execution of strategic projects to be successful and to prevent corruption. This research uses juridical empirical methods and purposive techniques. Data analysis of this research was carried out qualitatively. The problems in this research are about (1) What is the role of the The authority of the Guard, Government and Regional Development Team (TP4D) in Denpasar District Prosecutor’s an effort to prevent corruption? (2) What obstacles have been faced The authority of the Guard, Government and Regional Development Team (TP4D) Denpasar District Prosecutor’s in guarding regional development? Based on the results of interviews with the Head of Intelligence Section, Head of Financial Economic and Strategic Development Sub-Section and Head of the Investigation Section it can be conclude: (1) The Role of Denpasar District Prosecutor’s in preventing corruption includes providing legal opinions on the running of local government development projects to anticipate abuse of power (2) the obstacles experienced by the TP4D Denpasar District Prosecutor’s in guarding development in the city of Denpasar there are two obstacles including technical barriers and judicial barriers.
Co-Authors Dewa Gede Agus Anjaswara Fatikhah Kismilarsih Gede Nofantara Putra I Gede Ary Setiawan I Gusti Ngurah Muliarta I Nengah Laba I Nyoman Putu Budiartha I Nyoman Sujana I Nyoman Sujana I NYOMAN SUTAMA I Wayan Rideng Indah Permatasari Made Ratih Pradnyantari Ni Gek Ayu Septi Nohanaa Ni Ketut Puput Cahyaningsih Ni Luh Sandiani Ni Putu Ayu Sutarini Dewi Oka Sugiadnyana, I Made Putu Suryani . Ramot H.P Limbong Widiati, Ida Ayu Putu