Articles
<![CDATA[Implementasi Peraturan Kejaksaan Republik Indonesia Nomor 15 Tahun 2020 (Studi Kasus Di Kejaksaan Negeri Jembrana) ]]>
<![CDATA[Antonius De Andrade Fahik]]>;
<![CDATA[Anak Agung Sagung Laksmi Dewi]]>;
<![CDATA[I Made Minggu Widyantara]]>
<![CDATA[ Jurnal Konstruksi Hukum Vol. 3 No. 2 (2022): Jurnal Konstruksi Hukum ]]>
Publisher : <![CDATA[Warmadewa Press ]]>
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DOI: 10.55637/jkh.3.2.4805.240-245
<![CDATA[Settlement of criminal cases within the framework of the criminal justice system in Indonesia always leads to the imposition of imprisonment or corporal punishment as a form of deterrent effect to perpetrators of criminal acts as the implementation of the articles in the Criminal Code which still uses the theory of punishment, namely the theory of purpose or theory. relatively. The purpose of the research is to reveal the implementation of the Republic of Indonesia Prosecutor's Regulation No. 15 of 2020 (a case study at the Jembrana District Attorney's Office). The research method used in this research is an empirical research method with a case research approach. This research uses primary and secondary data sources. Data were analyzed using qualitative analysis methods. The results of this research indicate that the role of law enforcement officers in particular the role of the prosecutor's office in resolving a criminal case using a restorative justice approach must be carried out massively and comprehensively, in order to meet the demands of justice oriented towards justice in society.]]>
<![CDATA[Upaya Rehabilitasi Bagi Penyalahguna Narkotika Oleh Badan Narkotika Nasional (BNN) Kabupaten Gianyar ]]>
<![CDATA[Haris Wirayuda]]>;
<![CDATA[Anak Agung Sagung Laksmi Dewi]]>;
<![CDATA[Made Minggu Widyantara]]>
<![CDATA[ Jurnal Konstruksi Hukum Vol. 3 No. 2 (2022): Jurnal Konstruksi Hukum ]]>
Publisher : <![CDATA[Warmadewa Press ]]>
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DOI: 10.55637/jkh.3.2.4807.252-258
<![CDATA[Drug addicts “sacrifice” themselves because they suffer from toxidrome as a result of their own substance abuse. Article 54 of Law Number 35 of 2009 concerning Narcotics states that victims of narcotics abusers need medical or social rehabilitation. The government is tough in dealing with the problem of drug addiction through the National Narcotics Agency (BNN). This research was conducted to reveal the rehabilitation efforts for narcotics abusers by the National Narcotics Agency (BNN) of Gianyar Regency. This research was conducted using empirical legal research. The approach used in this research is a sociological approach. primary material research data sources are through field research and secondary materials written by experts and the results of scientists. The data collected were analyzed using qualitative methods. The results showed that rehabilitation assistance for drug addicts is regulated by the government in Law Number 35 of 2009 concerning Narcotics and Government Regulation Number 25 of 2011 concerning the Implementation of Compulsory Reporting of Narcotics Addicts. Rehabilitation efforts for Narcotics addicts by the National Narcotics Agency (BNN) of Gianyar Regency are to disseminate the importance of rehabilitation for narcotics addicts to agencies both government and private institutions as well as to schools in Gianyar Regency.]]>
<![CDATA[Eksistensi Paralegal dalam Pemberian Bantuan Hukum di Desa Tuwed, Kecamatan Melaya, Kabupaten Jembrana ]]>
<![CDATA[Ida Ayu Tara Masari Budiana]]>;
<![CDATA[I Made Minggu Widyantara]]>;
<![CDATA[Luh Putu Suryani]]>
<![CDATA[ Jurnal Konstruksi Hukum Vol. 3 No. 2 (2022): Jurnal Konstruksi Hukum ]]>
Publisher : <![CDATA[Warmadewa Press ]]>
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DOI: 10.55637/jkh.3.2.4820.327-332
<![CDATA[Indonesia, as a country based on law, In order to ensure fair legal certainty for all people, Indonesia has shown excellent development with the establishment of Law Number 16 of 2011 concerning Legal Aid. Legal aid in question is legal aid that can guarantee protection for the community, especially the poor and marginalized. As the embodiment of Law No. 16 of 2011, Paralegals are authorized to provide legal assistance in the non-litigation realm. This study aimed to determine the basic regulation regarding the role of paralegals and the existence of paralegals in the implementation of legal aid providers in Tuwed Village, Melaya District, Jembrana Regency. The results of this study are that it can be seen that the dominant community in Tuwed Village still does not understand the law, the lack of education on the law can affect the point of view, and also the behavior pattern of the community, this lack of public education can be one of the causes of a conflict. The provision of legal assistance in the non-litigation realm to increase the culture of legal awareness in the Tuwed Village community can be made by holding Legal Counseling.]]>
<![CDATA[Tindakan Kriminalisasi Terhadap Seseorang Dengan Menggunakan Instrumen Undang-Undang ITE ]]>
<![CDATA[I Made Rudy Darmika]]>;
<![CDATA[Sagung Laksmi Dewi]]>;
<![CDATA[I Made Minggu Widyantara]]>
<![CDATA[ Jurnal Konstruksi Hukum Vol. 3 No. 2 (2022): Jurnal Konstruksi Hukum ]]>
Publisher : <![CDATA[Warmadewa Press ]]>
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DOI: 10.55637/jkh.3.2.4835.344-350
<![CDATA[Criminalization is a change in the value of changing many charges that were previously not criminal and not criminal into acts that are considered cunning and need to be punished. This research aims to find out how to regulate someone who commits an act of criminalization and the legal remedies that must be taken if someone is criminalized. This research is a type of normative and conceptual research on this problem. conceptual, case and comparative. This research emphasizes the interpretation and construction of law to obtain several legal norms, conceptions, lists of regulations and their implementation in concrete cases. From the discussion, the following results were obtained: The act of criminalizing a person using the ITE law instrument, which as previously explained is a concern for me as a writer for criminalization which is currently very common in Indonesia with various types of cases. Human rights that protect the right of every individual to express opinions and thoughts in public. His suggestion is the need for integrity from a judge who decides a case later so as not to make a wrong and unfair decision because he decides to punish someone who should be innocent but is found guilty. And the importance of awareness from law enforcement authorities is demanding someone who previously did not commit a crime but seems to have committed a criminal act or criminalized someone so that they have strong and professional integrity, always prioritize the legal interests and justice of the people or the majority above personal interests so that later cases like this not seen again in the future.]]>
<![CDATA[Sanksi Pidana terhadap Oknum Guru Olahraga yang Melakukan Kekerasan Seksual Kepada Anak Didiknya (Putusan Nomor 325/PID.SUS/2020/PN DPS) ]]>
<![CDATA[A.A.SG. Istri Sinta Maharani]]>;
<![CDATA[A.A. Sagung Laksmi Dewi]]>;
<![CDATA[I Made Minggu Widyantara]]>
<![CDATA[ Jurnal Konstruksi Hukum Vol. 3 No. 2 (2022): Jurnal Konstruksi Hukum ]]>
Publisher : <![CDATA[Warmadewa Press ]]>
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DOI: 10.55637/jkh.3.2.4844.400-405
<![CDATA[Sexual violence is carried out regardless of social status, such as cases of sexual violence perpetrated by teachers against their students. With the decision issued by the Denpasar District Court No. 325/Pid.Sus/2020/PN Dps. A case of sexual violence that has occurred in an elementary school in Sembung Village, Mengwi, Badung. The purpose of this research is to analyze the criminal penalties for individual educators who commit acts of sexual violence against their students and discuss the judge's considerations in imposing criminal sanctions on educators who have acted immorally on their students according to decision Number 325/Pid.Sus/ 2020/PN Dps. In this case the researcher uses normative law as a research method, using a statutory approach and a conceptual approach. The sources of legal materials for this research are primary materials and secondary materials. Data collection techniques using note-taking techniques, and documentation techniques. The results of the research explained that the regulation of sexual violence that has been regulated in Book II Chapter XIV of the Criminal Code concerning Crimes Against Morals, and the Judge in determining the appropriate punishment for the defendant, must pay attention and arrange considerations so that the judge in making a decision, and the reasons clear and detailed.]]>
<![CDATA[Pembelaan Terpaksa Melampaui Batas (Noodweer Exces) dalam Tindak Pidana Pembunuhan Begal Sebagai Upaya Perlindungan Diri ]]>
<![CDATA[I Gede Windu Merta Sanjaya]]>;
<![CDATA[I Nyoman Gede Sugiartha]]>;
<![CDATA[I Made Minggu Widyantara]]>
<![CDATA[ Jurnal Konstruksi Hukum Vol. 3 No. 2 (2022): Jurnal Konstruksi Hukum ]]>
Publisher : <![CDATA[Warmadewa Press ]]>
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DOI: 10.55637/jkh.3.2.4847.406-413
<![CDATA[In facing the COVID-19, Indonesia had quite a lot of jobs that have been indirectly affected by the pandemic, causing an economic crisis. Economic crisis caused several people in the community to commit crimes, especially stealing with violence or referred to as begal. The thugs do not hesitate to persecute and even kill their victims in order to obtain the victim's property, so it’s necessary for the victim to protect himself from thugs so as not to incur material losses. In order for the perpetrator of the defense of the burglary to receive juridical protection, in implementation it must complete the elements and conditions of noodweer exces. Therefore, the purpose of the research is to discuss the regulation of the criminal act of noodweer exces beyond the limit in the crime of murder according to the Criminal Code (KUHP) and to analyze the criminal liability of the perpetrators of the crime of Noodweer exces against the perpetrators of the murder of robbers. This research uses a normative type of assessment, using a statutory approach and a conceptual approach. The sources of legal materials for this research consist of primary, secondary and tertiary sources of material. the results of the research explain that the regulation of Noodweer Exces according to article 49 paragraph (1) of the Criminal Code "Book of the Criminal Law" noodweer exces beyond the limit in purpose to a person is not convicted when taking a defense action in a state of necessity and accountability can not be asked if the perpetrator commits this action. with reasons of self-defense or nowdweer excess so that it can eliminate actions that are criminal in nature. Then in that case, it is necessary to know what is included in the noodweer action.]]>
<![CDATA[Penyalahgunaan Aplikasi Media Sosial sebagai Eksploitasi dalam Tindak Pidana Pornografi ]]>
<![CDATA[I Gede Pande Udayana]]>;
<![CDATA[I Made Minggu Widyantara]]>;
<![CDATA[Ni Made Sukaryati Karma]]>
<![CDATA[ Jurnal Konstruksi Hukum Vol. 3 No. 2 (2022): Jurnal Konstruksi Hukum ]]>
Publisher : <![CDATA[Warmadewa Press ]]>
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DOI: 10.55637/jkh.3.2.4852.438-443
<![CDATA[With an audiovisual display, it is easy for the audience to know the message conveyed. supervising the administration of local governments in accordance with Article 1 of the Government Regulation of the Republic of Indonesia No. 79 of 2005 concerning Guidelines for the Guidance and Supervision of Regional Government Administration. The Indonesian Broadcasting Commission is an institution that oversees every broadcast that is broadcast with the aim that all broadcasts that are broadcast do not violate the norms that apply in Indonesia. The purpose of this research is to analyze the legal regulation of public broadcasting in electronic media, and to understand the responsibilities of KPI in broadcasting the glorification of sexual harassment perpetrators. This research uses a normative research method using a statutory approach and a conceptual approach in analyzing the problem. The legal regulation on public broadcasting is regulated in Law Number 32 of 2002 concerning Broadcasting which is the main legal material in this research, which supported by legal journals and books. Data collection techniques used are recording and sorting information. In the results of this research, it was found that the Broadcasting Law regulates the issue of legal provisions and regulations regarding broadcasting service providers regarding KPI in charge of regulating matters regarding broadcasting. The Indonesian Supervision Commission has responsibility for glorification cases committed by sexual harassment perpetrators, in accordance with Law No. 32 of 2002 article 8 paragraph (3) concerning broadcasting.]]>
<![CDATA[Sanksi Hukum terhadap Pelaku Penyadapan Telepon Pintar atau Smartphone Melalui Aplikasi Android Modifikasi Ilegal yang Diinstal oleh Korban ]]>
<![CDATA[I Made Arimbawa Wiraputra]]>;
<![CDATA[Anak Agung Sagung Laksmi Dewi]]>;
<![CDATA[I Made Minggu Widyantara]]>
<![CDATA[ Jurnal Konstruksi Hukum Vol. 3 No. 2 (2022): Jurnal Konstruksi Hukum ]]>
Publisher : <![CDATA[Warmadewa Press ]]>
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DOI: 10.55637/jkh.3.2.4855.450-454
<![CDATA[Technological advances have resulted in illegal wiretapping crimes being carried out more easily, namely by utilizing illegal modification applications. The purpose of this research is to analyze the legal protection of the personal data of smartphone tapping victims as a result of installing an illegal modified android application made by the perpetrator and to examine criminal sanctions against smartphone tapping perpetrators through an illegal modified android application made by the perpetrator. This research uses a normative legal research method, using a statutory approach and a conceptual approach. There are two types of sources of legal materials in this research, namely primary sources of legal materials and secondary sources of legal materials. Primary legal materials come from statutory regulations related to the issues studied, while secondary legal materials come from law books and legal journals that are related to this research. The data collection technique used library techniques, which carried out a literature research on legal materials, both primary legal materials and secondary legal materials. From the results of the research, Indonesia does not have a law that specifically and legally regulates the protection of personal data. There are two forms of legal protection for the personal data of victims of illegal wiretapping, namely, preventive and repressive legal protection. Regarding wiretapping, it is regulated in the Telecommunications Law and the ITE Law. Both laws expressly prohibit illegal wiretapping and for those who do illegal wiretapping who use illegal modification applications can be subject to sanctions in accordance with article 50 of the ITE Law. The government is advised to further research the draft law before ratifying it so that there is no conflict of norms.]]>
<![CDATA[Akibat Hukum Malpraktik yang Dilakukan oleh Tenaga Medis ]]>
<![CDATA[Julius Roland Lajar]]>;
<![CDATA[Anak Agung Sagung Laksmi Dewi]]>;
<![CDATA[I Made Minggu Widyantara]]>
<![CDATA[ Jurnal Interpretasi Hukum Vol. 1 No. 1 (2020): Jurnal Interpretasi Hukum ]]>
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DOI: 10.22225/juinhum.1.1.2177.7-12
<![CDATA[Malpractice refers to an act of negligence or an act with the correct standard operating procedures but causes harm to consumers, in this case the patients and this can threaten the health and safety of the patient. Malpractice committed by medical personnel is certainly very detrimental to those who need medical treatment and greatly affects the hospital’s integrity which is certainly the center for all medical actions. Based on this, this study examines what the legal regulatory for medical personnel who commit malpractice and how to sanction his speech are. To uncover the issues a normative research method is used by applying the legislative approach that examines the applicable laws and regulations and a conceptual approach to reviewing library materials in the form of theories and opinions of legal experts. The legal regulatory for malpractice actions by medical personnel are regulated in several laws and regulations providing basic guidelines regarding malpractice actions committed by medical personnel. The regulations are found in the medical and health laws which provide legal certainty for the injured. This is a characteristic of the law itself in upholding justice. Malpractice acts committed by health workers have been regulated in the legislation No. 23 of 1992 concerning Health and the Medical Code of Conduct in force. In addition there are sanctions for the actions of medical personnel commiting malpractice, including criminal sanctions, civil sanctions, administrative sanctions and moral sanctions.]]>
