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All Journal PADJADJARAN Jurnal Ilmu Hukum (Journal of Law) Jurnal Pengabdian Kepada Masyarakat Media Ganesha FHIS (P2MMGFHIS) Jurnal Konstruksi Hukum Jurnal Interpretasi Hukum Jurnal Preferensi Hukum (JPH) Law Doctoral Community Service Journal Eduvest - Journal of Universal Studies

I Made Minggu Widyantara

Fakultas Hukum Universitas Warmadewa, Denpasar

Author-ID : 3158785

Aerospace Engineering Humanities Computer Science & IT Education Health Professions Law, Crime, Criminology & Criminal Justice Neuroscience Social Sciences

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Sanksi Hukum Penghinaan Terhadap Orang yang Sudah Meninggal Melalui Media Sosial di Indonesia Kadek Suryasantosa; Anak Agung Sagung Laksmi Dewi; I Made Minggu Widyantara
Jurnal Konstruksi Hukum Vol. 2 No. 2 (2021): Jurnal Konstruksi Hukum
Publisher : Warmadewa Press

Currently, advances in information technology, globalization and electronic media are increasingly spreading in various fields of public life. This progress with the existence of an internet network is very easy to operate through the media, namely electronic media. The existence of it makes it easy for humans to do various things such as exchanging various information that can be obtained quite easily, and low cost. Therefore, people can do negative things that are not supposed to be done for their personal interests. This study aims to explain the legal arrangements for insulting people who have died and to explain criminal sanctions for criminal acts of humiliation through social media for those who have died. This research was designed using normative legal research methods, with a conceptual problem approach and a case approach. The data sources used are primary, secondary and tertiary legal data sources. Data were collected by recording, quoting, reading, and summarizing the literature referring to changes in gender status in Indonesia. After the data is collected, it is then analyzed systematically and relates it to legal materials. The result of this study indicates that Articles 320 and 321 of the Criminal Code will be used as the legal basis for a type of insulting act and Article 27 paragraph 3 of the ITE Law will be used for the basic purpose of a media that has been used. Furthermore, cases of insulting a deceased person can be subject to imprisonment for six (6) months as is the content of Article 446 paragraph I of the Draft Criminal Code but the legal process cannot proceed if there is no reporting from the family concerned.

Hukuman Mati dalam Tindak Pidana Narkotika Ditinjau dari Perspektif Hak Asasi Manusia (Studi Putusan Mahkamah Konstitusi Nomor 2-3/Puu-V/2007 Christofel Brayn Leonard Totomutu; I Ny Oman Gede Sugiartha; I Made Minggu Widyantara
Jurnal Konstruksi Hukum Vol. 2 No. 2 (2021): Jurnal Konstruksi Hukum
Publisher : Warmadewa Press

The capital punishment is regulated in several laws and regulations in Indonesia, in particular for narcotics crimes that are submitted for judicial review against the Constitution. The type of research used is the type of normative. The sources of the data used in this research are primary, which are taken from the original source of the law and secondary materials are materials derived from books, journals and scientific works and tertiary legal materials. The technique of collecting data in this research is carried out by collecting existing materials or studying documents from existing laws and regulations as well as the decisions of the constitutional court judges and explaining the sentence by using the legal material processing method systematically. The purpose of this research was to determine the capital punishment for narcotics crime in terms of human rights and to find out the judges considerations on the capital punishment for narcotics crime in Indonesia based on the decision of the constitutional court number 2-3/PUU-V/2007. The results of the research revealed that the capital punishment for narcotics crime has been stated in articles and laws, but on the other hand there is a consideration of the panel of judges regarding the capital punishment case for narcotics crime that the capital punishment in the Narcotics Law does not contradict human rights and human rights as in the 1945 Constitution of the Republic of Indonesia because the guarantee of human rights and the right to life in the 1945 Constitution of the Republic of Indonesia does not adhere to absolute principles.

Efektivitas Bantuan Hukum Advokat di Pos Bantuan Hukum (Posbakum) Pengadilan Negeri Denpasar Kelas I A Gregorius Yolan setiawan; Anak Agung Sagung Laksmi Dewi; I Made Minggu Widyantara
Jurnal Konstruksi Hukum Vol. 2 No. 2 (2021): Jurnal Konstruksi Hukum
Publisher : Warmadewa Press

The development of the concept of a rule of law is a product of history, because the formulation or definition of a rule of law is constantly developing in line with the development of human resources. The state is obliged to provide legal assistance with the aim of protecting and prospering the community, this is in accordance with Article 27 paragraph (1) of the 1945 constitution of the Republic of Indonesia, it is stated that all citizens are equal before the law. The purpose of this research is to explain the position of the legal aid post (Posbakum) in the Denpasar District Court Class IA in providing legal assistance to defendants whose sentence is over 5 years and to find out the factors of constraints for the assistance post (Posbakum) in the Denpasar District Court. This research is designed using empirical legal research with a statutory approach, then the data sources used are primary and secondary data. The data collection procedure was carried out by means of interviews and records, which were then analyzed using descriptive qualitative methods. The results showed that the legal assistance provided by lawyers at the legal aid post (Posbakum) at the Denpasar District Court Class IA was effective because it had carried out the provision of law to the underprivileged community either through direct appointment by the judge or through submission of a letter from the poor. according to Law No. 11 of 2011 concerning Legal Aid and in accordance with the MoU which was signed between the Denpasar District Court Class 1 A and the legal aid post. As for the factors that were often faced by the aid post (Posbakum), namely the defendant himself, namely that the family of the defendant was difficult to find to ask for a statement of incapacity and the community's low knowledge of legal aid facilities.

Sanksi Hukum Bagi Pasien Tidak Jujur Terinfeksi Corona Virus Disease 2019 Gede Dana Semara Putra; I Nyoman Putu Budiartha; l Made Minggu Widyantara
Jurnal Konstruksi Hukum Vol. 2 No. 2 (2021): Jurnal Konstruksi Hukum
Publisher : Warmadewa Press

The Indonesian government issued Presidential Decree No. 11 of 2020 concerning Public Health Emergencies as a serious warning of the threat of Covid-19. The delivery of dishonest information from a patient suspected of being infected with Covid-19 is an action to prevent the response to an outbreak that threatens the lives of people around him, including transmission to health workers who care for him. This study was formulated to figure out the legal sanctions for Covid 19 patients who were dishonest about their health conditions, and to find out the efforts made by the government in providing protection to health workers in handling Covid-19 patients. The research method used in the implementation of this research is normative legal research with an approach to the concept of legislation and the opinions of experts regarding to the law. The results showed that the application of strict sanctions to obstruction of the epidemic prevention measures could result in criminal penalties based on Law No. 4 of 1984 concerning Outbreaks of Infectious Diseases. As for the efforts made by the government to provide protection to health workers from the threat of Covid-19, it is given both preventively and repressively. Based on the results of this study, it can be concluded that patients who are not honest about their health conditions who have been infected with Covid-19 can be given a criminal penalty because this action is assumed as the way to prevent the government in overcoming the epidemic of infectious diseases that are currently hitting the community, then the government has also provided protection for health workers who treat patients infected with Covid-19 in a preventive and repressive manner.

Implementasi Pemidanaan terhadap Pelaku Tindak Pidana Illegal Logging di Taman Nasional Waykambas Ida Ayu Naradita; Made Minggu Widyantara; Ni Made Sukaryati Karma
Jurnal Konstruksi Hukum Vol. 2 No. 2 (2021): Jurnal Konstruksi Hukum
Publisher : Warmadewa Press

Tanggung Jawab Penyedia Layanan Jasa Kursus Mengemudi Mobil dalam kecelakaan Lalu Lintas Dyah Merryani; I Nyoman Putu Budiartha; I Made Minggu Widyantara
Jurnal Konstruksi Hukum Vol. 2 No. 3 (2021): Jurnal Konstruksi Hukum
Publisher : Warmadewa Press

Car driving courses are tutoring related to driving skills that aim to provide knowledge of how to drive a car to course service users. Course service users are accompanied and trained by the instructor during the driving course. However, users of course services with instructors will be faced with unexpected events, which often occur, namely traffic accidents. The purpose of this research is to uncover the legal relationship that occurs between car driving course service providers and instructors and also the course service users form the responsibility of the car driving course service provider if an accident occurs during the driving course. This research is an empirical legal research with a sociological juridical approach and a statutory approach. The data collection technique was done by interview. Sources of data used in this research are primary data sources and secondary data sources. After the data was collected, it was analyzed systematically. The results of this research indicate that there is a legal relationship between the parties involved, namely the working relationship that occurs between the instructor and the driving course service provider, and the agreement from the course service user through filling out the course registration form to the driving course service provider. The occurrence of a traffic accident during the driving course practice will be accounted for by the driving course service provider as the employer and the instructor as a companion or trainer for the course service user during the driving course.

Tinjauan Yuridis terhadap Tindak Pidana Daya Paksa dan Pembelaan Terpaksa Gowinda Prasad; Anak Agung Sagung Laksmi Dewi; I Made Minggu Widyantara
Jurnal Konstruksi Hukum Vol. 2 No. 3 (2021): Jurnal Konstruksi Hukum
Publisher : Warmadewa Press

Forced power and forced defense are criminal acts committed against the law, which are actually coercion from outsiders and against their will and want to defend themselves or there are threats from outsiders which of course need to be reviewed also regarding the reasons to the doctrine of coercion and defense. force it. The purpose of this research is to reveal the regulation of criminal acts of coercion and forced defense as well as legal protection against acts of coercion and forced defense. This research is a normative legal research with a statutory and conceptual approach. Data collection techniques are carried out through library research. Sources of legal materials used are primary and secondary sources of law. After the data is collected, then the data is analyzed using informal methods. The results of the research reveal that the legal protection provided is of course the protection of physical, property and life security guarantees and the provision of psychological and social rehabilitation because there is a pressure.

Perlindungan Hukum Bagi Konsumen oleh Otoritas Jasa Keuangan (OJK) Terhadap Kegiatan Investasi Ilegal yang Dilakukan oleh Investor I Gusti Ayu Firga Julia; Anak Agung Sagung Laksmi Dewi; I Made Minggu Widyantara
Jurnal Konstruksi Hukum Vol. 2 No. 3 (2021): Jurnal Konstruksi Hukum
Publisher : Warmadewa Press

The rise of fraud cases and investment offers that are suspected to be illegal have resulted in losses for consumers and the public, so in this case legal protection is needed to minimize illegal investment cases. The purpose of this research is to analyze the role of the financial services authority in anticipating illegal investment activities carried out by investors and a legal protection for consumers by the financial services authorities against illegal investment activities carried out by investors. This research is a normative juridical research with a statutory approach and a conceptual approach. The technique of collecting legal materials used is the recording technique. The legal materials used are primary and secondary legal materials. After the data is collected then the data is analyzed systematically. The results of the research reveal that in the context of legal protection, the Financial Services Authority is given the authority by the State to take steps to prevent consumer and public losses. Efforts are made based on Article 28 of Law No. 21 of 2011 concerning the Financial Services Authority by conducting outreach and education to the public regarding the characteristics of fundraising activities and managing illegal investments and asking the Financial Services Institutions to stop their activities if these activities have the potential to harm the community. The handling carried out by the Financial Services Authority cannot be separated from the support of the public who have submitted reports or complaints.

Peran Reserse dalam Penyidikan Tindak Pidana Pencurian dengan Pemberatan (Studi Kasus Polsek Sukawati Gianyar Bali) Kadek Bayu Krisna Juliantara; Anak Agung Sagung Laksmi Dewi; I Made Minggu Widyantara
Jurnal Konstruksi Hukum Vol. 2 No. 3 (2021): Jurnal Konstruksi Hukum
Publisher : Warmadewa Press

Recently, the incidence of criminal acts of theft with weights has increased, the investigator in handling this case must be careful in uncovering criminal acts of theft with weights. This study aims to examine the role of the detective in uncovering the crime of theft by weighting and analyzing the obstacles of the investigator in uncovering the crime of theft by weight. The type of research used is empirical, namely research based on facts that occur and develop existing concepts, the approach method used is by conducting research in the field. The sources of legal materials used are primary and secondary legal materials obtained through observation and documentation. After all the data has been collected, the next step is to process and analyze it qualitatively. The results showed that the role of the criminal investigator of the Sukawati Police in uncovering the criminal act of theft of weighting began with a complaint report from the public, then the action of the Sukawati Police Detective carried out an examination at the scene of the case, examination of witnesses, confiscation of evidence, arrest, search, detention, filing. and submission of case files to the court. The obstacles faced by the Criminal Investigation Unit of the Sukawati Sector are the perpetrator, a recidivist, the lack of tools to track the perpetrators, and community factors.

Perbandingan Kekuatan Hukum Alat Bukti Otentik dan Perjanjian Bawah Tangan (Studi Kasus Perkara nomor: 939/Pdt.c./2818/Pn dps) I Made Indra Udayana; Made Minggu Widyantara; Ni Made Sukariyati Karma
Jurnal Konstruksi Hukum Vol. 2 No. 3 (2021): Jurnal Konstruksi Hukum
Publisher : Warmadewa Press

Law is a rule of life that regulates human life in society, as a rule of life, the law functions to limit the interests of each legal supporter (legal subject), guaranteeing their respective interests and rights. The purpose of this study is to determine the comparison of the legal strength of authentic deed evidence with private deed, as well as to determine the judge’s considerations in his decision on the legal strength of private deed which defeats authentic deed. This research is a type of normative legal research conducted by recording and reviewing methods based on legal materials, while the problem approach uses a statutory and conceptual approach. The source of the data obtained from this research is by looking for accurate information by studying the symptoms of the community in order to get the actual data, thus the data obtained can be combined with several legal book references related to research. The results of the study show that the comparison of the legal strength of authentic deed evidence with an underhand deed, namely the deed is made by or before an authorized official in his working area as regulated by law and is perfect evidence as contained in Article 1870 K UHPer.

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 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 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 Desak Gede Dwi Arini Desak Ketut Linda Saraswati Dewa Bagus Komang Mahendra Krisna Putra 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 Gede Darmawan Ardika I Gede Eka Surya Pramana I Gede Krisna Ginara I Gede Pande Udayana I Gede Putu Bagus Priyadi Wittadarma I Gede Windu Merta Sanjaya I Gede Yoga Pratama I Gusti Ayu Firga Julia I Gusti Ayu Sukrisma Dewi I Kadek Agus Widiastika Adiputra I Kadek Bagas Dwipayana I Komang Aditya Diputra I Made Agus Sanjaya I Made Ari Yudistira I Made Arimbawa Wiraputra I Made Arjaya 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 I Ny Oman Gede Sugiartha I Nyoman Arya Mugi Raharja I Nyoman Gede Sugiarta I Nyoman Gede Sugiartha I Nyoman Gede Sugiartha I Nyoman Sujana I Nyoman Sukandia I Nyoman Sukrata I Nyoman Sutama I Nyoman Yudhi Astika I Putu Edi Rusmana I Putu Pande Juli Artana I Wayan Agus Andika I Wayan Arthana I Wayan Edi Kurniawan I Wayan Edy Darmayasa I Wayan Kevin Mahatya Pratama I Wayan Ogi Wiryawan I Wayan Panca Eka Darma I Wayan Rideng Ibnu Maruf Ida Ayu Naradita Ida Ayu Putri Ary Yulandari Ida Ayu Tara Masari Budiana Ida Bagus Wimbha Nugraha Putra Pidada 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 Agus Rai Sanditya Wibawa Made Fiorentina Yana Putri Ni Kadek Candra Dewi 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 Nyoman Gede Sugiartha Putu Bagus Dio Adinatha Putu Budiartha, I Nyoman Putu Cyntia Rizdyanti Putu Suryani . Rachmad Alif Al Buchori Ria Putriliana Waskita Sagung Laksmi Dewi Sandi Herintus Kabba suryawan, Gusti Bagus Tjok Istri Agung Mellynia Putri Saraswati Widiati, Ida Ayu Putu

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