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Sanksi Pidana terhadap Pelaku Pengeroyokan yang Menyebabkan Kematian (Putusan Nomor 399/Pid.B/2020/PN Dps) Putu Kayla Yunita Dewi; Anak Agung Sagung Laksmi Dewi; I Made Minggu Widyantara
Jurnal Preferensi Hukum Vol. 3 No. 2 (2022): Jurnal Preferensi Hukum
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55637/jph.3.2.4948.385-390

Abstract

Beating is an act that causes someone to be physically injured on purpose, with that there is a need for legal protection for victims of beatings because it is very disturbing to the community. This is regulated in the Criminal Codebook II chapter V. The purpose of this research is to discuss the regulation of the criminal act of beating that causes death and to examine the judge's considerations in imposing criminal sanctions on perpetrators who kill by beating according to Judge's Decision Number 399/Pid.B/2020 /PN Dps. This research is normative research with a statutory and conceptual approach. Primary legal sources, namely legal materials in the form of legislation, namely: the Criminal Code, and Legal Decisions. Secondary legal sources, namely official legal materials that support previous materials in the form of literature, books, and scientific journals. The technique used in making this research uses the collection of document research materials, including existing legal arrangements. existing regulations, self-defense by taking vigilante freely is carried out arbitrarily without any sense of guilt. Meanwhile, the beatings are also related to Article 170 of the Criminal Code. The suggestion is that the Denpasar District Court provides confirmations for each decision issued by the judge so that criminal sanctions are in accordance with applicable regulations and so that in the future there will be no injustice created over cases that have been resolved and it is hoped that in the future the community will be wiser and it would be better if the public could report similar cases to the competent authorities (law enforcement officers), in order to protect and ensure legal certainty in the community.
Analisa Yuridis Pengangkatan Seorang Mantan Narapidana Korupsi Menjadi Komisaris Bumn Ni Kadek Lia Sri Padmiani; Anak Agung Sagung Laksmi Dewi; I Made Minggu Widyantara
Jurnal Preferensi Hukum Vol. 3 No. 2 (2022): Jurnal Preferensi Hukum
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55637/jph.3.2.4950.396-400

Abstract

BUMN is a state-owned enterprise where all or most of the capital owned by the state through direct investment comes from separated wealth. In practice, there are still several cases where there is the appointment of a person who has become a former corruption convict to serve as a commissioner of BUMN. The regulation regarding the appointment of BUMN commissioners has been regulated in the provisions of the Law on BUMN. The purpose of this research is to discuss the regulations and legal consequences in the appointment of former corruption convicts to become BUMN commissioners. The type of research that will be used in this research is normative legal research, using a statutory approach and a conceptual approach. There are two sources of legal materials for this research, namely primary and secondary sources. Data collection techniques using literature research techniques. The results of the research explain that the appointment of former corruption convicts to become commissioners can be carried out if the person is not found guilty within 5 years before the nomination. In the appointment of former corruption convicts to become commissioners of SOEs, three conditions must be met, namely formal, material and other requirements. There are two efforts that can be made to the appointment of former corruption convicts to become commissioners of BUMN, namely ordinary legal remedies and extraordinary legal remedies.
Upaya Kemenkumham dalam Penanggulangan Tindak Pidana Peredaran Narkotika yang Dilakukan Petugas Lembaga Pemasyarakatan I Nyoman Arya Mugi Raharja; Anak Agung Sagung Laksmi Dewi; I Made Minggu Widyantara
Jurnal Preferensi Hukum Vol. 3 No. 2 (2022): Jurnal Preferensi Hukum
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55637/jph.3.2.4954.413-418

Abstract

Currently, a serious problem for the Indonesian state is the circulation of narcotics. Correctional institutions are also affected by the circulation of illicit narcotics, even though the institution is an isolated place, it can be carried out by officers, therefore it needs countermeasures from the Ministry of Law and Human Rights as the ministry that oversees correctional institutions. The aims are to analyze the cause of the circulation of narcotics in Class II A Kerobokan Penitentiary and to examine the efforts of the Ministry of Law and Human Rights in following up on narcotics trafficking crimes carried out by officers of Class II-A Kerobokan Penitentiary. Empirical legal research is used in compiling this research by using a sociological approach, a statutory approach, and a conceptual approach. The sources of legal materials for this research consist of primary and secondary data. Primary data is the main data resulting from observations made during the research, this data is data from interviews with respondents. Secondary data, namely supporting data for primary data, this data is obtained through legal sources. In this research, data collection techniques use direct interviews with sources. The results show that the correctional officers committing narcotics trafficking crimes were caused by several factors such as economic factors, mental factors, environmental/social factors, and inmates who were not rehabilitated. Improving the Quality of Correctional Officers, Improving Facilities and Infrastructure, Preventing Overcrowding, Providing Appropriate and Attractive Compensation, Conducting Routine Rotation of Narcotics Dealers, Urine Testing for Correctional Officers, imposing strict sanctions on Correctional Institution officers who are found to have violated the rules in these illicit goods, in accordance with Law No. 35 of 2009 on Narcotics.
Tindak Pidana Penipuan Investasi Fiktif di Pasar Modal Menggunakan Skema Piramida Ni Putu Rai Santi Pradnyani; I Nyoman Putu Budiartha; I Made Minggu Widyantara
Jurnal Preferensi Hukum Vol. 3 No. 2 (2022): Jurnal Preferensi Hukum
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55637/jph.3.2.4960.443-449

Abstract

The rise of investment fraud in Indonesia has been driven by several factors, such as a lack of public awareness of the financial sector, especially legal investments, and the plight of those seeking high returns ignoring risk. The victims of fictitious investment are not only from the lower middle class, but also the educated or upper class with higher education. This research aims to find out how the legal arrangements for investment managers to commit fraud in the capital market using a pyramid scheme, and the criminal sanctions they will receive. This research is normative legal research conducted with a case and legislation approach. As a result, in cases of fraud, two sides can be found, namely the side that is deceived (the victim) and the side that deceives (the perpetrator). Capital Market Law stipulates a regulation whereby parties are required to follow the principle of transparency in trading securities and conducting public offerings on the secondary market. The criminal sanction for fictitious investment managers to commit fraud in the capital market using a pyramid scheme is where the perpetrator performs deviant behavior that meets certain requirements to be subject to criminal sanctions.
Criminal Act of Contempt Through Electronic Information Media I Nyoman Putu Budiartha; I Made Minggu Widyantara; I Nengah Nuarta
Sociological Jurisprudence Journal Vol. 1 No. 2 (2018)
Publisher : Fakultas Hukum, Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/scj.1.2.730.82-86

Abstract

The rapid current of globalization raises many problems in almost all aspects of human life, covering the political, social, cultural, economic, scientific and technological fields, so that fundamental changes in people's habits arise predominantly. Following the issuance of Law Number 11 Year 2008 on Electronic Information and Transactions (ITE) that was amended to Law Number 19 Year 2016 regarding the Amendment of Law Number 11 Year 2008 regarding Information and Electronic Transactions, many polemics and cases that lead to the pros and cons of the articles in the ITE Law took place. This study examines the classification of an offense of criminal act of contempt committed through electronic information media of and reveals the legal standing for such kind a criminal act. This study was conducted using normative method through analysis of legal interpretation and descriptive analysis. Apparently, the results confirm that the element of "contempt and/or defamation" contemplated in Article 27 paragraph (3) of ITE Law refers to Article 310 of the Criminal Code. Criminal acts of contempt committed through electronic information media are offense complaints that should be reported to the authorities by persons who feel that their honor or reputation is insulted or those who are empowered to obtain judicial justice from law.
Law Enforcement Of Fraud Through Electronic Media I Nyoman Gede Sugiartha; Anak Agung Sagung Laksmi Dewi; I Made Minggu Widyantara
Sociological Jurisprudence Journal Vol. 4 No. 1 (2021)
Publisher : Fakultas Hukum, Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/scj.4.1.2570.61-67

Abstract

Fraud case of using electronic media often occur in Indonesia at the moment. This illustrates that the community is remain very vulnerable in carrying out activities related to the electronic media. For this reason, it is necessary to undertake a research regarding to criminal offenses using electronic means, especially against criminal fraud. This obsolutely obtains an attention to investigate about legal policies of fraud through electronic media, and criminal penalty of fraud perpetrators through Electronic Media. This study aims to find out about the criminal sanctions of fraud perpetrators through electronic media and to find out the legal policies of criminal acts of fraud through electronic media. This research used the Normative research method. Fraud in Indonesia as regulated in article 378 of the Criminal Code, while fraud by spreading false news which harms consumers in electronic transactions through online or electronic media is regulated in article 28 Paragraph (1) of the Information and Electronic Transaction Act. The spread of hoaxes is equated with acts of deception in the real world as stipulated in article 378 of the Criminal Code. Fraud criminal penalty through electronic media may be subject to multiple articles against a criminal act that fulfills the elements of a criminal offense as regulated in article 378 of the Criminal Code and meets the elements of a criminal act article 28 paragraph (1) of the Information and Electronic Transaction Act.
Peran Lembaga Pusat Pelaporan dan Analisis Dalam Penaggulangan Tindak Pidana Money Laundring I Wayan Panca Eka Darma; I Made Minggu Widyantara; Ni Made Sukaryati Karma
KERTHA WICAKSANA Vol. 14 No. 1 (2020)
Publisher : Fakultas Hukum, Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (592.804 KB) | DOI: 10.22225/kw.14.1.2020.63-68

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This study aims to determine the role of the PPATK in handling money laundering after the enactment of Law No. 8 of 2010 concerning the prevention and eradication of money laundering and how criminal sanctions against money laundering in Indonesia. This study uses a normative legal method with a statutory approach. The conclusion of this research is first, PPATK as an independent institution that has 3 (three) main roles in the prevention and eradication of money laundering by receiving reports on suspicious financial transactions, analyzing reports received from the reporting party and then forwarding the results of the report analysis to the parties authorized. Where in the functions and duties of the PPATK are regulated in articles 30 through article 44 of Law No. 8 of 2010 concerning Prevention and Eradication of Money Laundering. Secondly, in the verdict Number: 339 / PID.B / 2010 / PN.JKT.PST, the contents of the decision stated that defendants I and II in the primer snare violated article 2 paragraph 1 in conjunction with article 18 of Law Number 31 of 1999 concerning criminal corruption as amended by Law Number 31 of 2001, challenge the amendment to Law Number 31 of 1999 in conjunction with article 55 paragraph 1 of the Criminal Code
PENGEMBANGAN AGRIBISNIS BERBASIS ARAK DI SUBAK ABIAN TELUN WAYAH DESA TRI EKA BUANAN, KECAMATAN SIDEMEN. KABUPATEN KARANGASEM I Wayan Rideng; Gst Bgs. Udayana; I Made Minggu Widyantara
Jurnal Pengabdian Kepada Masyarakat Media Ganesha Vol 2 No 2 (2021): November, Jurnal Pengabdian Kepada Masyarakat Media Ganesha FHIS
Publisher : Fakultas Hukum dan Ilmu Sosial Universitas Pendidikan Ganesha Singaraja

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (193.31 KB)

Abstract

The life of the people in Bali, which breathes customs and culture, provides support for tourism development. The island of Bali always gets the best award as one of the world's tourist destinations. The Covid-19 pandemic, which lasted almost 2 years, has weakened the tourism sector in Bali. Community life, which is religious with routines, is the main attraction. As one part or element in the series of ceremonies, is the availability of Arak facilities. Arak is served in a ritual process associated with a series of Hindu religious ceremonies called Yadnya. In the era of the Covid-19 pandemic, the existence of arak, which has been known as a traditional drink, has received attention because it is believed by researchers or Usada that it can prevent exposure to the Virus-19. Observing this, the Provincial Government has issued and Regional Regulation Number 1 of 2020 concerning Governance for Fermented Drinks and/or Distilled Balinese Drinks. The enactment of this regulation shows that the Bali Provincial Government has been present in order to provide legal protection and legal certainty for the production of arak and its circulation. One of the areas for the production of Arak is the people of Tri Eka Buana Village, Sidemen District, Karangasem Regency.
Empowerment of Coastal Communities in Cultural and Environmental Preservation (Karolahan Traditional Village, West Tianyar, Karangasem) I Wayan Rideng; I Made Minggu Widyantara; Desak Gede Dwi Arini
Law Doctoral Community Service Journal Vol. 1 No. 1 (2022): Law Doctoral Community Service Journal
Publisher : Fakultas Hukum, Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (193.696 KB) | DOI: 10.55637/ldcsj.1.1.4450.8-13

Abstract

Indonesia is a maritime country, this is shown through its territory consisting of islands with very long coastal boundaries. Coastal and coastal areas are very rich in marine life and others. Aside from being a place of livelihood for fishermen, it is also a place for traditional salt farmers whose production has a specificity. Beaches in Bali not only have economic and social functions, but also have cultural aspects or religious functions. For this reason, the existence of beaches and their coasts is very important and strategic, it is necessary for people who live on the coast to be empowered in order to preserve culture and the environment. Because every traditional village in Bali there is a ceremony process in the coastal area, including the Karolahan Traditional village, Tianyar village. With these conditions, there needs to be an understanding and knowledge of the existing community empowerment efforts on the coast, as well as playing a role in environmental conservation efforts. Activities that need to be carried out through legal counseling to Krama Desa Adat, considering that fishermen and traditional salt farmers are part of Krama Desa Adat.
Improving Community Durability During the Covid-19 Pandemic in the Development of Tourism Based on Local Wisdom in the Traditional Village of Krebelahan I Nyoman Gede Sugiartha; A.A. Sagung Laksmi Dewi; I Made Minggu Widyantara
Law Doctoral Community Service Journal Vol. 1 No. 2 (2022): Law Doctoral Community Service Journal
Publisher : Fakultas Hukum, Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (186.768 KB) | DOI: 10.55637/ldcsj.1.2.5678.77-81

Abstract

Each lecturer is encouraged to package community service activities in groups and as individuals, which will later show concern for the community. As a higher education institution, Warmadewa University must always adhere to the Tridharma of Higher Education in accordance with the predetermined vision and mission. The aims of this research are as a form of the Lecturer's dedication to the community, to provide opportunities for Lecturers to direct service with partnerships to the target object in Banjar Krembahan Kab. Karangasem Implements one of the Tri Dharma of Higher Education in terms of Service and improving cooperative relations between universities and the community. The implementation method carried out in the community service program is by Program to increase public awareness of environmental conservation and environmental preservation program and A sustainable partnership for environmental conservation in Banjar Krembahan Kab. Karangasem. The result shows increase community resilience to the effects of the COVID-19 pandemic is to increase foreign tourist visits and increase people's income in Banjar Krelahan. The things that should be done in the Banjar Krembahan Tourism Area, Kubu District, Karangasem Regency, there is a need for public awareness about the importance of maintaining community resilience from the effects of the COVID-19 pandemic, so there is a need for public awareness about the importance of the environment not being maintained in a sustainable manner. As well as providing input on the influence of community resilience against the COVID-19 pandemic in the Krelahan, Kubu tourist area and the public awareness needs to be given a sense of binding.
Co-Authors A.A Sagung Laksmi Dewi A.A. Sagung Laksmi Dewi A.A. Sagung Laksmi Dewi A.A.SG. Istri Sinta Maharani Ade Satriasa Maha Putra Aditya Ryan Hidayat Anak Agung Gede Agung Anak Agung Gede Oka Wisnumurti Anak Agung Gede Wiweka Narendra Anak Agung Istri Agung Anak Agung Istri Altia Dwi Widaswari Anak Agung Sagung Laksmi Anak Agung Sagung Laksmi Dewi Antonius De Andrade Fahik Arini, Desak Gde Dwi Ayou Lestari Duarkossu Ayu Putu Mira Fajarini Berliana Indah Sari Christin Dessy Natalia Christofel Brayn Leonard Totomutu Cokorda Agung Cahaya Darmadi Cokorda Agung Cahaya Darmadi Dedi Romadhan Desak Gede Dwi Arini Desak Ketut Linda Saraswati Dewa Bagus Komang Mahendra Krisna Putra Dewa Gede Agung Getsumeda Dewi, A.A Sagung Laksmi Dila May Sekarsari Dyah Merryani Erlin Kusnia Dewi Gede Dana Semara Putra Gede Nira Wicitra Yudha Gowinda Prasad Gregorius Yolan setiawan Gst Bgs. Udayana Gusti Ayu Ajeng Prabaningtyas Gusti Nyoman Adung Setiawan Haris Wirayuda I Dewa Gede Pramana adhi I G.A.A.Gita P.Dinar I Gede Darmawan Ardika I Gede Eka Surya Pramana I Gede Krisna Ginara I Gede Pande Udayana I Gede Putu Bagus Priyadi Wittadarma I Gede Sayogaramasatya I Gede Windu Merta Sanjaya I Gede Yoga Pratama I Gusti Ayu Firga Julia I Gusti Ayu Sukrisma Dewi I Gusti Ngurah Agung Wahyu Krisna I Kadek Agus Widiastika Adiputra I Kadek Arya Sumadiyasa I Kadek Bagas Dwipayana I Kadek Duta Anugrah I Kadek Pasek Saputra I Kadek Suar Putra Dana I Ketut Detri Eka Adi Pranata I Ketut Irianto I Komang Aditya Diputra I Made Agus Sanjaya I Made Ari Yudistira I Made Arimbawa Wiraputra I Made Arjaya I Made Arya Kusuma Winata I Made Aswin Ksamawantara I Made Dwi Narendra Dananjaya I Made Indra Udayana I Made Jaya Palguna I Made Rudy Darmika I Made Sepud I Made Suartana I Made Suwitra I Made Suwitra, I Made I Ny Oman Gede Sugiartha I Nyoman Arya Mugi Raharja I Nyoman Gede Sugiarta I Nyoman Gede Sugiartha I Nyoman Gede Sugiartha I Nyoman Gede Sugiartha I Nyoman Gede Sugiartha I Nyoman Gede Sugiartha I Nyoman Gede Sugiartha I Nyoman Putu Budiartha I Nyoman Putu Budiartha I Nyoman Sujana I Nyoman Sukandia I Nyoman Sukrata I Nyoman Sutama I Nyoman Yudhi Astika I Putu Agus Adi Pratama Yasa I Putu Aris Wiradinata I Putu Edi Rusmana I Putu Pande Juli Artana I Putu Yogi Mahardika Pratama Bismasana I Wayan Agus Andika I Wayan Arthana I Wayan Bayu Suryawan I Wayan Edi Kurniawan I Wayan Edy Darmayasa I Wayan Kevin Mahatya Pratama I Wayan Ogi Wiryawan I Wayan Panca Eka Darma I Wayan Panca Eka Darma I Wayan Rideng I Wayan Wesna Astara Ibnu Maruf Ida Ayu Kade Cinthia Dewi Ida Ayu Naradita Ida Ayu Putri Ary Yulandari Ida Ayu Tara Masari Budiana Ida Bagus Wimbha Nugraha Putra Pidada Johannes Ibrahim Kosasih Julius Roland Lajar Kadek Bayu Krisna Juliantara Kadek Edi Duangga Putra Kadek Indra Prayogi Kadek Jiyoti Mahayana Kadek Putra Dwi Payana Kadek Rizky Bhaswara Ardiwenatha Kadek Suryasantosa Kadek Teguh Aryasa Karma, Ni Made Sukaryati Komang Arya Ananta Setyawan Komang Gede Pramantara Komang Gede Reska Joanykernia Pradila Kresensia Angelica Hardi Made Adityaswara Amerta Yoga S Made Agus Rai Sanditya Wibawa Made Fiorentina Yana Putri Made Harum Pratiwi Ni Kadek Candra Dewi Ni Kadek Lia Sri Padmiani Ni Kadek Widya Widiani Ni Komang Arini Styawati Ni Komang Ayu Sri Agustini Ni Komang Ayu Triana Dewi Ni Komang Putri Pratiwi Ni Luh Putu Sri Laksemi Dharmapadmi Ni Made Puspasutari Ujianti Ni Made Ratna Pratiwi Ni Made Sukariyati Karma Ni Nyoman Septiana Dewi Ni Putu Ayu Mia Paramartha Sari Ni Putu Rai Santi Pradnyani Ni Putu Sawitri Nandiri Ni Putu Widari Yasaputri Nuarta, I Nengah Nurul Aisyah Fitriani Nyoman Gede Sugiartha Putu Bagus Dio Adinatha Putu Budiartha, I Nyoman Putu Cyntia Rizdyanti Putu Kayla Yunita Dewi Putu Suryani . Rachmad Alif Al Buchori Rendi Salasbi Ria Putriliana Waskita Sagung Laksmi Dewi Sandi Herintus Kabba suryawan, Gusti Bagus Tjok Istri Agung Mellynia Putri Saraswati Widiati, Ida Ayu Putu