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Sanksi Pidana terhadap Pelaku Pencemaran Nama Baik Melalui Media Sosial I Putu Pande Juli Artana; I Nyoman Gede Sugiartha; I Made Minggu Widyantara
Jurnal Interpretasi Hukum Vol. 3 No. 1 (2022): Jurnal Interpretasi Hukum
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (196.824 KB) | DOI: 10.22225/juinhum.3.1.4633.25-30

Abstract

People in Indonesia do not understand what the law really is, they only know that if there is a mistake, there will be punishment. The lack of insight of the Indonesian people in understanding the law makes the government always socialize how important it is that people learn the law and apply sanctions for someone who violates the law. This research aims to analyze the form of legal settlement arrangements against perpetrators of defamation through social media, as well as to discuss criminal sanctions against perpetrators of defamation through social media. The research method used is normative by using a statutory approach and a conceptual approach. The sources of legal materials in this research are primary sources of material originating from arrangements related to cases and secondary sources of material derived from legal books and journals. The data collection technique used the technique of recording and documenting data related to the case. The sophistication of the development of computer technology, especially in the telecommunications system, gave birth to a new term called the internet. The internet is one of the media electronic in terms of information and communication that is able to connect people around the world, so that the world feels increasingly narrow and without boundaries because of the ease in establishing communication. Globalization that gave birth to internet-based information and communication technology has shaped the pattern of human life with a new culture. With the internet, people are no longer worried about boundaries of territory, space, and time that hinder the process of information and communication because they have found a way that is more effective and efficient.
Penegakan Hukum Pidana terhadap Pelaku Vandalisme pada Rambu Lalu Lintas: Kadek Putra Dwi Payana; Anak Agung Sagung Laksmi Dewi; I Made Minggu Widyantara
Jurnal Interpretasi Hukum Vol. 3 No. 1 (2022): Jurnal Interpretasi Hukum
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (209.532 KB) | DOI: 10.22225/juinhum.3.1.4635.37-42

Abstract

Vandalism has quite a negative impact on human life such as disrupting the function of public facilities, for example, vandalism in the form of graffiti on traffic signs which in addition to damaging the function of traffic signs can also endanger road users. Therefore, it is necessary to enforce the law on the crime of vandalism in order to provide a deterrent effect by giving sanctions to the perpetrators of vandalism. The purpose of this study is to determine the legal arrangements against vandalism perpetrators on traffic signs and to discuss criminal sanctions that can be imposed on perpetrators of vandalism on traffic signs. The research method that the author uses is normative legal research. The sources of legal material in this study consist of secondary, primary and tertiary legal sources used in this study. These materials are collected by means of recording techniques, file systems, and document studies which will be analyzed systematically. in Article 275 paragraph (2) of Law Number 22 of 2009 concerning Road Traffic and Transportation. The author suggests to the government to immediately make a specific law, and the public to immediately report it to the authorities if there are acts of vandalism
Pemberdayaan Paralegal dalam Mencegah Kekerasan terhadap Perempuan di Desa Tuwed Kecamatan Melaya Kabupaten Jembrana Ni Kadek Candra Dewi; I Nyoman Gede Sugiartha; I Made Minggu Widyantara
Jurnal Interpretasi Hukum Vol. 3 No. 1 (2022): Jurnal Interpretasi Hukum
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (205.257 KB)

Abstract

Violence against women is very common in Indonesia, especially in the Bali area which is famous for upholding patrilineal lineages which assume that a patriarchal culture is where men are above women in terms of position. This happens due to a lack of knowledge about the law, especially for the poor and marginalized. After the birth of paralegals as an implementation of Law Number 16 of 2011 concerning Legal Aid, it is very interesting to study its relation to violence against women. Thus, the purpose of this study is to analyze paralegals in preventing cases of violence against women in Tuwed Village and discuss the effectiveness of paralegals in preventing violence against women in Tuwed Village. This research uses empirical methods with a case study approach. This research uses primary data sources, namely face-to-face interviews with informants, and secondary data sources using complementary sources of legislation in the study of literature. The researcher in collecting data uses a literature review method to collect primary data, and conducts field research (interviews and questionnaires). Paralegal arrangements in preventing violence against women have been regulated in the Legal Aid Law Number 16 of 2011 concerning Legal Aid. The results of this research indicate that the role of paralegals in preventing violence against women in Tuwed Village has not been effective, due to the lack of counseling and socialization about paralegals and violence against women to the people of Tuwed Village
Penyalahgunaan Perbincangan Interaktif dalam Aplikasi Sugar Live sebagai Media Komunikasi yang Bermuatan Tindak Pidana Pornografi (Studi Kasus Putusan Pn Semarapura No.48/Pid.B/2021/Pn Srp) Komang Arya Ananta Setyawan; I Nyoman Gede Sugiartha; I Made Minggu Widyantara
Jurnal Interpretasi Hukum Vol. 3 No. 1 (2022): Jurnal Interpretasi Hukum
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (221.657 KB) | DOI: 10.22225/juinhum.3.1.4733.143-147

Abstract

Peran Polisi Kehutanan dalam Perlindungan Satwa Liar (Studi Kasus di Balai Konservasi Sumber Daya Alam Bali) Komang Gede Pramantara; I Made Minggu Widyantara; I Wayan Arthanaya
Jurnal Interpretasi Hukum Vol. 3 No. 1 (2022): Jurnal Interpretasi Hukum
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (171.954 KB) | DOI: 10.22225/juinhum.3.1.4741.182-187

Abstract

Irresponsible actions that can cause damage to nature reserves and conservation areas where there is rampant hunting of protected wildlife that can damage the ecosystem. Forestry Police at the Natural Resources Conservation Center as law enforcers who have the duty and authority to protect and implement forest, plant and animal security. The purpose of this research is to address the causes of wildlife violations in Bali's natural resource conservation areas, as well as to find out how the role of the forest police from the Bali Natural Resources Conservation Center is in protecting wildlife in Bali's natural resource conservation areas. The research uses empirical research methods using a sociological juridical approach. The form of data used is Primary, Secondary, and Tertiary data. To find out the results in this study, data analysis using qualitative methods. The results of this study indicate that the Forestry Police who are at the Bali BKSDA carry out patrols and monitoring in nature, protect the community, install warning boards, make captive areas, coordinate with related agencies and carry out socialization.
Sanksi Pidana terhadap Warga Negara Asing yang Melakukan Tindakan Pembobolan Anjungan Tunai Mandiri (Atm) dengan Teknik Skimming Christin Dessy Natalia; A.A Sagung Laksmi Dewi; I Made Minggu Widyantara
Jurnal Preferensi Hukum Vol. 1 No. 2 (2020): Jurnal Preferensi Hukum
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (301.556 KB) | DOI: 10.22225/jph.1.2.2340.37-41

Abstract

The level of crime vulnerability in cyberspace (cybercrime) today and its impact has exceeded the real world. Cybercrime is a dark side of technological advances that have a very broad negative impact on all areas of modern life today. The impact that will be felt as a result of the collapse of a bank is not only limited to the bank concerned but will have a broad impact on other banks. This research was conducted with the aim of uncovering the causes of the crime of burglary using skimming techniques based on Law No. 19 of 2016 and the criminal responsibility of the perpetrators of criminal acts of ATM burglary using skimming techniques based on Law no. 19 of 2016. This research employed normative legal research methods. The results of this study showed that the cause of the crime of burglary using skimming techniques is the negligence of the owner of the ATM card. In the crime of skimming ATM burglary, unawarely the victim usually has been video recorded when inserting the ATM pin and the magnetic tape has been recorded through a special device. In the results of this study, it was also stated that the crime of burglary with ATM machines using skimming techniques could be charged under Article 30 of the ITE Law, so that police officers have a legal basis to take action to investigate ATM card crimes and other electronic transactions.
Jaksa Selaku Eksekutor dalam Putusan Pengadilan Tindak Pidana Pembunuhan I Wayan Edi Kurniawan; Anak Agung Sagung Laksmi Dewi; I Made Minggu Widyantara
Jurnal Preferensi Hukum Vol. 1 No. 2 (2020): Jurnal Preferensi Hukum
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (485.376 KB) | DOI: 10.22225/jph.1.2.2353.154-158

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Enforcement of the criminal justice system in Indonesia can also be carried out by implementing court decisions that have permanent legal force. The party that has the authority to implement the judge's decision is the prosecutor. In the contents of the criminal decision, the prosecutor's office has the authority to immediately carry out the execution in accordance with the Criminal Procedure Code. This study aims to determine the authority of the prosecutor in carrying out the execution, and to determine the execution mechanism for the crime of murder. This research uses normative methods, statutory approaches, conceptual approaches, primary legal materials, secondary legal materials, tertiary legal materials, document studies, literature studies, internet studies and analysis of legal interpretations, and descriptive analysis. The only executing agency in the State of Indonesia is the Attorney General's Office of the Republic of Indonesia. The meaning of executor is the party who has the authority to carry out court decisions based on the applicable law. The results showed that in carrying out court decisions, the prosecutor's office had duties and functions, one of which was as an executor as well as a general prosecutor. A decision that can be executed is only one that has permanent legal force and there are no more legal remedies. Prosecutors as law enforcement officers in carrying out their duties must be based on the applicable legal rules. Do not let the prosecutor violate rules that are not under their authority. Law enforcement officials who carry out executions must carry out the execution as quickly as possible and no criminal offender is executed late.
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
Jurnal Preferensi Hukum Vol. 1 No. 2 (2020): Jurnal Preferensi Hukum
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (522.317 KB) | DOI: 10.22225/jph.1.2.2354.159-164

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The duties, authorities, functions and criminal acts of money laundering in Indonesia are regulated in Law No. 8 of 2010 concerning the Prevention and Eradication of Criminal Acts of Money laundering. This study examines two issues: the role of the PPATK agency in combating money laundering after the enactment of Law No. 8 of 2010 concerning the Prevention and Eradication of Money laundering and criminal sanctions against perpetrators of criminal acts of money laundering in Indonesia. This research uses normative legal method, a process of finding legal rules, legal principles, and legal doctrines in order to answer the legal issues under study from the perspective of statutory regulations. PPATK is an independent agency that has 3 main roles in the prevention and eradication of money laundering, namely: receiving reports on suspicious financial transactions, analysing the reports received from reporting parties, and forwarding the results of report analysis to the authorised party. Article 2 paragraph 1 jo Article 18 of Law Number 31 of 1999 concerning Criminal Acts of Corruption as amended into Law Number 31 of 2001 concerning the Amendment to Law Number 31 of 1999 jo Article 55 paragraph 1 of the Criminal Code. Subsidiarily Article 3 jo Article 18 Law Number 31 of 1999 concerning Eradication of Corruption Crime as amended to Law Number 20 of 2001 concerning the Amendment to Law Number 31 of 1999 jo Article 55 paragraph 1 of the Criminal Code. Secondly, Article 3 paragraph (1) letter g of Law Number 25 of 2003 concerning the Amendment to Law Number 15 of 2002 concerning the Criminal Acts of Money laundering jo Article 55 paragraph (1) of the Criminal Code.
Bhabinkamtibmas dalam Menjaga Keamanan dari Paham Radikalisme di Wilayah Hukum Polsek Denpasar Timur Ni Nyoman Septiana Dewi; A.A SAGUNG LAKSMI DEWI; I MADE MINGGU WIDYANTARA
Jurnal Preferensi Hukum Vol. 1 No. 2 (2020): Jurnal Preferensi Hukum
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (488.805 KB) | DOI: 10.22225/jph.1.2.2361.208-213

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Bali is one of the tourist destinations; many come for a vacation and enjoy the beauty of the island of Bali, both foreign nationals and local tourists. The number of local tourists and foreign nationals who come to Bali is used by a handful of people to commit crimes, as recently happened in the jurisdiction of the East Denpasar Police. The joint team of Densus 88 Police Headquarters, Task Force CTOC and Brimob Polda Bali, on Tuesday, June 26 2018 at 20.30 WITA, raided one of the houses on Jl. Gandapura related to Radicalism Group. This study explores two issues, namely Bhabinkamtibmas efforts in maintaining security from radicalism and the factors that can influence the development of radicalism. The method of research used in this study is normative legal research using a statutory approach. Bhabinkamtibmas are police officers who work at the village to sub-district level and carry out a preventive function by partnering with community members, and have an important role in preventing the development of radicalism. The conclusion from the results of this study is that radicalism appears as a notion or ideology that demands change and renewal of social and political systems by means of (Sztompka, 1993; Odea, 1996). As an effort by Babhinkamtibmas to prevent the development of factors that can cause radicalism, legal guidance and counseling and social security are provided to increase legal awareness and social security by upholding human rights (HAM) in the jurisdiction of the East Denpasar Police.
Perlindungan Hukum terhadap Korban dalam Tindak Pidana Eksploitasi Seksual Anak (Studi Kasus Putusan Nomor 535/Pid.Sus/2019/PN Dps) Ade Satriasa Maha Putra; I Nyoman Putu Budiartha; I Made Minggu Widyantara
Jurnal Preferensi Hukum Vol. 2 No. 1 (2021): Jurnal Preferensi Hukum
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (225.676 KB) | DOI: 10.22225/jph.2.1.2793.1-5

Abstract

We must be aware of cases of crimes of sexual exploitation, especially in children, it is not enough if parents only but the government, society and the Indonesian Child Protection Commission must take a role in maintaining the continuity and protection of children. This new research aims to determine the legal protection of victims in criminal acts of sexual exploitation of children. This research type is normative research with a statutory approach and a conceptual approach. Legal materials consist of primary and secondary, then analyzed systematically. The results showed that legal protection for children from victims of sexual exploitation was given to legal subjects that had preventive or repressive characteristics. Furthermore, legal safeguards are essential to provide justice, order, certainty, benefit. The criminal sanctions given to the perpetrators of a criminal offense, namely for imprisonment for 7 (seven) years, reduced while the defendant is in detention and the penalty will be subject to a fine of IDR. 100,000,000 (one hundred million rupiah).
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