Articles
<![CDATA[Perlindungan Hukum terhadap Anak di Bawah Umur sebagai Pengemis ]]>
<![CDATA[I Wayan Edy Darmayasa]]>;
<![CDATA[Anak Agung Sagung Laksmi Dewi]]>;
<![CDATA[I Made Minggu Widyantara]]>
<![CDATA[ Jurnal Interpretasi Hukum Vol. 1 No. 2 (2020): Jurnal Interpretasi Hukum ]]>
Publisher : <![CDATA[Warmadewa Press ]]>
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DOI: 10.22225/juinhum.1.2.2445.104-109
<![CDATA[Children are not objects of deviant behavior or inhuman actions by anyone. However, in reality the child exploitation in Indonesia has become a complex problem. This research was conducted with the aim of describing the legal arrangements for children as beggars and the legal protection for minors as beggars. This study used a normative legal research method as well as statutory and conceptual approaches. The results of this study indicated that the regulation of minors as beggars is contained in Article 2 paragraph 1 of the Child Welfare Law No. 4 of 1979 which explains that the right to care for welfare care and guidance with affection is the right of the child as well as the care for the development of children in a healthy and good family. In addition, legal protection for minors as beggars as stipulated in the Child Protection Law No. 35 of 2014 in conjunction with Law No. 23 of 2002 can be in the form of socio-economic health services and adequate education.]]>
<![CDATA[Penanganan terhadap Anak Pelaku Tindak Pidana Penganiayaan yang Terlibat dalam Geng Motor di Wilayah Badung ]]>
<![CDATA[Ria Putriliana Waskita]]>;
<![CDATA[A.A Sagung Laksmi Dewi]]>;
<![CDATA[I Made Minggu Widyantara]]>
<![CDATA[ Jurnal Interpretasi Hukum Vol. 1 No. 2 (2020): Jurnal Interpretasi Hukum ]]>
Publisher : <![CDATA[Warmadewa Press ]]>
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DOI: 10.22225/juinhum.1.2.2459.175-180
<![CDATA[A bike gang refers to a group of youths (teenagers) having the same school background in an area who are members of a two-wheeled motor vehicle user community. The criminal act of maltreatment committed by a group of biker gang in Bali has violated the provisions of the applicable criminal law. With regard to the fact, the urgency of the modus operandi of the criminal act of maltreatment committed by biker gang and the legal protection for young biker gang who commit crimes of maltreatment are examined in the present study. The method used in this research is the empirical method. The modus operandi appeared as the mode applied by criminals to commit criminal acts and the implementation of legal protection against bikers who committing the criminal act of maltreatment in the Badung District Police jurisdiction is through not overriding the children’s rights as child defendants, such as the right to legal assistance at every level of examination in line with procedures determined by law. It would be better if, in implementing criminal sanctions, law enforcers take the condition of the community, the perpetrators of crimes, into account in order to foster legal awareness within them.]]>
<![CDATA[Analisis Putusan Hakim Pengadilan Tindak Pidana Korupsi Denpasar (Putusan No : 42/Pid.Sus-TPK/2015/PN Dps) ]]>
<![CDATA[I Made Suartana]]>;
<![CDATA[I Made Minggu Widyantara]]>;
<![CDATA[I Nyoman Gede Sugiartha]]>
<![CDATA[ Jurnal Interpretasi Hukum Vol. 1 No. 2 (2020): Jurnal Interpretasi Hukum ]]>
Publisher : <![CDATA[Warmadewa Press ]]>
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DOI: 10.22225/juinhum.1.2.2477.208-212
<![CDATA[The aim and purpose of this research is to analyze “the abuse of authority in official travel orders that have implications for corruption.” The legal issues arising out of this research comprises: What is the Legal Basis of Denpasar Corruption Court Judges in taking into consideration and imposing criminal sanctions under Decision No. 42/Pid.Sus-TPK/2015/PN Dps, and What is the Juridical Analysis toward the Decision No. 42/Pid.Sus-TPK/2015/PN Dps issued by Denpasar Corruption Court Judges. This research is a normative legal research adopting a number of approaches i.e. Statute Approach, Conceptual Approach, and Case Approach. Based on this research’s output may conclude that: 1) Crime/Corruption Offense is a crime specifically governed by Law No. 20 of 2001 of which law was enacted as an amendment to previous Law No. 31 of 1999 that also govern Eradication of Crime or Corruption; 2) By virtue of Decision No. 42/Pid.Sus-TPK/2015/Pengadilan Negeri Denpasar, Defendant was proven to have infringed Article 3 of Law No. 31 of 1999 amended by Law No. 20 of 2001 on Crime/Corruption Eradication that under the decision of which all acts committed by the Defendant have been proven to infringed all elements of crime charged in the subsidiary indictment as follows: 1) Element of “Every person”; 2) Element of “The aim of benefiting themselves or other people or a corporation”; 3) The Element of “Abusing the authority, opportunity or facility provided to him/her due to his/her position or office; and 4) Element of “Probable detrimental to the State's finance or economys.”]]>
<![CDATA[Peranan Jaksa Pengacara Negara dalam Menyelesaikan Kasus Mewakili Badan Penyelenggara Jaminan Sosial (BPJS) Ketenagakerjaan di Denpasar ]]>
<![CDATA[Gusti Ayu Ajeng Prabaningtyas]]>;
<![CDATA[Nyoman Putu Budiartha]]>;
<![CDATA[I Made Minggu Widyantara]]>
<![CDATA[ Jurnal Interpretasi Hukum Vol. 2 No. 3 (2021): Jurnal Interpretasi Hukum ]]>
Publisher : <![CDATA[Warmadewa Press ]]>
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DOI: 10.22225/juinhum.2.3.4120.462-467
<![CDATA[The prosecutor as the recipient of the power of attorney in a special power of attorney, which in this case represents employment BPJS, handles legal issues related to entrepreneurs who have not registered themselves and staff as members of the Manpower Dependent Program. The purposes of this study are to reveal the role of state attorneys in resolving cases representing the Social Security Administering Body (BPJS) for employment in Denpasar and the efforts of state attorneys to resolve cases representing BPJS for employment in Denpasar. This type of research is sociological with an empirical juridical approach. Data collection techniques were carried out by literature study, observation, interviews related to this research. Sources of data used in the form of secondary and primary data which are then analyzed systematically. The results of the study indicate that the role of the State Attorney's Attorney in resolving cases representing BPJS Ketenagakerjaan as a legal counsel with a Special Power of Attorney to resolve the company has not recorded itself and its staff in the Manpower Dependent Program. While the efforts of State Lawyers in resolving cases representing BPJS Ketenagakerjaan, with a Special Power of Attorney from BPJS Ketenagakerjaan, State Attorneys act in terms of providing non-litigation legal assistance by mediating business entities and individuals who do not register as members of the Employment Social Security Agency or have not complied with the payment of fees]]>
<![CDATA[Sanksi Pidana Terhadap Pelecehan Lambang Negara ]]>
<![CDATA[Ayou Lestari Duarkossu]]>;
<![CDATA[Anak Agung Sagung Laksmi Dewi]]>;
<![CDATA[I Made Minggu Widyantara]]>
<![CDATA[ Jurnal Interpretasi Hukum Vol. 2 No. 3 (2021): Jurnal Interpretasi Hukum ]]>
Publisher : <![CDATA[Warmadewa Press ]]>
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DOI: 10.22225/juinhum.2.3.4134.544-549
<![CDATA[The coat of arms is a representation of the country itself. Since the first, cases of abuse of state symbols often occur. So in this case, a firm criminal act is needed in an effort to minimize the case. The purposes of this study are to review law enforcement against harassment of state symbols and criminal sanctions against harassment of state symbols. This research method uses a normative legal research type with a statutory approach. The technique of obtaining legal materials in this research is done by document study and literature study. Sources of legal materials used are primary, secondary and tertiary sources of legal materials. The method used in processing and in data analysis used in this study is qualitative. The results of the study indicate that sanctions/law enforcement against harassment of state symbols in Indonesia are law enforcement as TNI/POLRI and the government is tasked with maintaining the security of the community and the state. So that there are no crimes of criminal acts committed by the community, and in order to bring order to security in the midst of society. Criminal sanctions due to criminal acts can be in the form of imprisonment and fines in accordance with the provisions stipulated in the laws and regulations regarding harassment of the Indonesian state symbol.]]>
<![CDATA[Prosedur Pengembalian dan Pemulihan Kerugian Negara Akibat Tindak Pidana Korupsi ]]>
<![CDATA[Sandi Herintus Kabba]]>;
<![CDATA[I Made Arjaya]]>;
<![CDATA[I Made Minggu Widyantara]]>
<![CDATA[ Jurnal Interpretasi Hukum Vol. 2 No. 3 (2021): Jurnal Interpretasi Hukum ]]>
Publisher : <![CDATA[Warmadewa Press ]]>
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DOI: 10.22225/juinhum.2.3.4139.573-579
<![CDATA[Corruption is an extraordinary crime whose eradication must be carried out in an extraordinary manner according to the procedures for returning and recovering state losses due to corruption. The purposes of this study are to reveal the process of implementing the return and recovery of state losses by prosecutors on corruption crimes as well as efforts to restore and recover state losses due to corruption. The method used is normative legal research with a statutory approach and a conceptual approach. The technique of collecting legal materials is done through the study of recording and documentation. Primary and secondary sources of legal materials are used as sources of legal materials in this study. Then, the legal materials and data are managed using interpretation analysis. The results of the study reveal that the procedure for returning and recovering state losses due to corruption is in accordance with the procedures, namely the Law on the Eradication of Corruption and other regulations. efforts to recover and recover state losses due to corruption by maximizing the return of state losses by confiscation, tracing the assets of the convict, the authority of the KPK prosecutor must be regulated firmly and clearly. The author suggests that the Government should provide adequate facilities and infrastructure for the Prosecutor's Office and the KPK in order to maximize the eradication of corruption, the public needs to submit information to the Prosecutor's Office, the KPK, and the Police regarding corruption crimes that have occurred.]]>
<![CDATA[Pembagian Harta Tak Bergerak Akibat Perceraian Berdasarkan Putusan Nomor 149/Pdt.G/2017/Pn Tabanan ]]>
<![CDATA[Anak Agung Istri Altia Dwi Widaswari]]>;
<![CDATA[I Nyoman Putu Budiartha]]>;
<![CDATA[I Made Minggu Widyantara]]>
<![CDATA[ Jurnal Interpretasi Hukum Vol. 2 No. 3 (2021): Jurnal Interpretasi Hukum ]]>
Publisher : <![CDATA[Warmadewa Press ]]>
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DOI: 10.22225/juinhum.2.3.4142.590-596
<![CDATA[The law of husband and wife wealth due to divorce is joint property and must be divided by 50% for husband and wife. equitable distribution of shared assets, a dispute will arise between the two. If the joint property is in the form of immovable objects, the parties maintain their share rights without anyone intending to relinquish their rights to be sold to other parties, how to resolve it. The purposes of this study are to describe the distribution of property in the form of immovable objects after divorce in the absence of a marriage agreement and the judge's considerations in determining the distribution of marital property on immovable objects between husband and wife after divorce in the absence of a marriage agreement. The research method used is normative legal research with a statutory approach. Researchers obtain the required legal materials through recording and documentation studies. The sources of legal materials used are primary and secondary sources of legal materials. Then, the legal materials and data are managed using interpretation analysis. The results of the study reveal that the distribution of assets after divorce in the absence of a marriage agreement can be done through mediation or through the courts. Regarding the distribution of assets in the decision Number 149/Pdt.G/2017, it is in accordance with the evidence, facts at trial. The author suggests judges to be more careful in deciding cases. for the legislature must continue to revise the law in order to follow the development of society.]]>
<![CDATA[Kekuatan Email Sebagai Alat Bukti dalam Proses Persidangan Perkara Perdata ]]>
<![CDATA[Cokorda Agung Cahaya Darmadi]]>;
<![CDATA[I Made Minggu Widyantara]]>;
<![CDATA[Ni Made Sukaryati Karma]]>
<![CDATA[ Jurnal Interpretasi Hukum Vol. 2 No. 3 (2021): Jurnal Interpretasi Hukum ]]>
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DOI: 10.22225/juinhum.2.3.4146.611-617
<![CDATA[The rapid development of technology and telecommunications makes it easier for someone to send a letter via e-mail because the use of e-mail is considered cheap and fast. In addition, the data that we send via email will be stored, so that if at any time there is a problem related to the letter, it is easy to find physical evidence of the letter in the email. From this phenomenon, this research was conducted with the aim of examining how to prove the use of email based on the ITE Law and examine the strength of email in the trial process when it is associated with article 1866 of the Civil Code. This study uses a normative legal research type by applying the legislation approach and the case approach. The legal materials used are primary, secondary and tertiary obtained through literature study. After the data is collected, the data is processed by descriptive qualitative analysis. The results of the study show that e-mail verification as evidence in civil case trials can be used in trials regarding the legal aspects of e-mail application in enforcing the law. With the development of today's technology through communication media known as the internet, it has changed the way of thinking and acting which then has an impact on the law. The strength of e-mail evidence as a process of proof in court when it is associated with Article 164 HIR regarding valid evidence.]]>
<![CDATA[Pemidanaan Terhadap Pelaku Penangkapan Ikan dengan Penggunaan Bahan Peledak ]]>
<![CDATA[I Wayan Agus Andika]]>;
<![CDATA[I Made Minggu Widyantara]]>;
<![CDATA[I Nyoman Sutama]]>
<![CDATA[ Jurnal Interpretasi Hukum Vol. 2 No. 3 (2021): Jurnal Interpretasi Hukum ]]>
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DOI: 10.22225/juinhum.2.3.4197.683-687
<![CDATA[The fishing that is carried out will have a bad effect on the marine ecosystem, but great benefits can be obtained for the fishermen. Catching fish using explosives is a criminal act in the field of fisheries and such actions may be subject to sanctions as regulated in Law Number 45 of 2009 concerning Fisheries and the Emergency Law on firearms. This study examines legal arrangements regarding the use of explosives in fishing and reveals criminal sanctions against perpetrators of catching fish with the use of explosives. The method used is normative legal research with a statutory approach. The data sources used are primary and secondary data obtained through recording and documentation techniques, then the data is processed by legal interpretation. The results of the study revealed that the legal rules regarding fishing carried out using a hazardous material or explosives have been regulated in Law Number 45 of 2009 concerning Fisheries and the Emergency Law concerning explosives and firearms. Criminal sanctions that can be applied to perpetrators are regulated in Article 84 paragraph (1) to paragraph (4) of Law Number 45 of 2009 concerning Fisheries.]]>
<![CDATA[Sanksi Pidana terhadap Anak di Bawah Umur yang Telah Melakukan Pencurian disertai Pembunuhan Seorang Gadis Pegawai Bank ]]>
<![CDATA[Ni Made Ratna Pratiwi]]>;
<![CDATA[Anak Agung Sagung Laksmi Dewi]]>;
<![CDATA[I Made Minggu Widyantara]]>
<![CDATA[ Jurnal Interpretasi Hukum Vol. 3 No. 1 (2022): Jurnal Interpretasi Hukum ]]>
Publisher : <![CDATA[Warmadewa Press ]]>
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<![CDATA[Criminal acts committed by minors are very worrying. Criminal acts committed by children are not only one type of crime, but also criminal acts such as theft accompanied by violence so that it takes a person's life. The purpose of this research is to analyze the factors that cause minors to commit the crime of theft with murder to find out criminal sanctions against minors who have committed the crime of theft accompanied by the murder of a bank employee girl. Using normative legal methods and approaches to legislation, facts, cases and analysis of legal concepts. This study uses qualitative analysis techniques. In this study there are three sources of material, namely primary data, secondary data and tertiary data. The primary legal materials are: the results of interviews with both informants and respondents, and the Law on the Juvenile Criminal Justice System. Sources of secondary legal materials in the form of data have properties as a complement to primary data such as: Legal journals, books, scientific works and materials on the internet as additional material. And the source of tertiary legal material is material that supports secondary material. The data collection technique is by observing, writing the observed results. The results show that the factors causing the perpetrators to commit the crime of theft accompanied by murder or theft with violence are: because the perpetrator has been known to be naughty since childhood, lack of education, comes from a broken home family, and economic factors . The crime of theft accompanied by violence resulting in the death of a person is sentenced to imprisonment for 7 (seven) years and 6 (six) months at the Child Correctional Institution in Karangasem]]>
