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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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Fungsi Lembaga Pemasyarakatan dalam Melaksanakan Pembinaan terhadap Warga Binaan Pemasyarakatan (WBP) (di Lembaga Pemasyarakatan Perempuan Kelas II A Denpasar) I Wayan Kevin Mahatya Pratama; Anak Agung Sagung Laksmi Dewi; I Made Minggu Widyantara
Jurnal Preferensi Hukum Vol. 2 No. 1 (2021): Jurnal Preferensi Hukum
Publisher : Warmadewa Press

Correctional in its system is useful for preparing convicted people in prisons to integrate normally and be accepted in society again. Merging normally again means restoring the relationship between the convicted or often referred to as Correctional Assistance and the community. The Penitentiary is a place for the Community Assisted to serve their sentence. This study aims to determine the function of prisons in carrying out coaching for Correctional Assistance and to analyze the form and benefits of the guidance program for Correctional Assistance held at Class II-A Denpasar Women's Penitentiary. This research uses normative legal research methods. The data obtained through direct observation in the field. The results showed that in the Guidance Program of the Correctional Institution, especially the location of this research, was held, namely the Class IIA Denpasar Women's Penitentiary, which has collaborated with government agencies, private foundations, and community organizations engaged in the field of women in providing guidance as well as promoting the work of prisoners or residents. Correctional Assistance. In addition, the Class IIA Denpasar Women's Penitentiary held and participated in several exhibitions of the work of the Community Assisted Citizens. This activity aims to introduce the work of the Community Assisted Citizens to the community and make it clear that the Correctional Institution guides or fosters Prisoners to be able to work and be able to contribute to society when they finish serving their sentence.

Pertanggungjawaban Pidana terhadap Penganiayaan yang Dilakukan Anak kepada Orang Tua Ditinjau dalam Perspektif HAM I Wayan Ogi Wiryawan; I Made Minggu Widyantara; Luh Putu Suryani
Jurnal Preferensi Hukum Vol. 2 No. 1 (2021): Jurnal Preferensi Hukum
Publisher : Warmadewa Press

At present, abuse of parents by children, often occurs in the community which is commonly referred to as child abuse against parents. Children become cruel due to two factors, namely internal factors and external factors so that they are desperate to commit inhumane behavior towards their own parents. This case is also a violation of human rights that must be enforced. However, a child cannot be convicted of being underage. This study aims to analyze the criminal arrangements for minors who commit crimes against parents and explain the criminal sanctions given to a child who commits a criminal act of molestation. The research method used is normative legal research using a statutory approach as well as a conceptual approach. The data used are primary data, namely legal rules that are sorted systematically consisting of legislation, while secondary data consists of books, texts, principles and writings on laws related to persecution. There is also a form of writing in this research. The results of this study indicate that children can still be subject to criminal sanctions but can also be subject to sanctions in the form of fostering sanctions by related agencies. The child in this case who commits the crime of abuse is a minor, the punishment is different from ordinary punishment where child punishment is aimed at fostering the child and not focusing on the deterrent effect of the criminal.

Fungsi Badan Pengawas Keuangan dan Pembangunan dalam Melakukan Perhitungan Kerugian Keuangan Negara pada Perkara Tindak Pidana Korupsi Kadek Teguh Aryasa; I Made Minggu Widyantara; Luh Putu Suryani
Jurnal Preferensi Hukum Vol. 2 No. 1 (2021): Jurnal Preferensi Hukum
Publisher : Warmadewa Press

State financial losses are an important issue to study. Corruption in Indonesia is a major problem so far it has never been resolved, starting from the central government to the regions. This has had a bad effect on the Indonesian economy. In practice, the Investigating Prosecutor at the Denpasar District Attorney often conducts investigations in the framework of calculating state financial losses. This study aims to determine the legality of the results of investigative audits issued by the Financial Supervisory Agency as evidence in proving state financial losses in corruption cases and to determine the factors that influence the Investigative Prosecutor to more frequently ask Financial Supervisory Agency for assistance to conduct investigative audits. The research method used is empirical legal research with a qualitative approach and a descriptive approach. The data sources are primary data obtained directly from the Denpasar District Attorney with interview techniques and secondary data from legal theories. The results show that the results of the investigative audit conducted by the Financial Supervisory Agency can be used as evidence at trial because their validity meets the elements contained in Article 184 of the Criminal Procedure Code and the tendency of the Investigative Prosecutor at the Denpasar District Attorney to conduct an investigative audit of the Financial and Development Supervisory Agency efficiency and effectiveness policy factors as well as human resource factors.

Tinjauan Yuridis Tindak Pidana Penggelapan Sertifikat Hak Milik Studi Kasus Putusan Nomor 733/Pid.B/2018/Pn.Dps. Made Fiorentina Yana Putri; I Made Minggu Widyantara; Luh Putu Suryani
Jurnal Preferensi Hukum Vol. 2 No. 2 (2021): Jurnal Preferensi Hukum
Publisher : Warmadewa Press

The crime of embezzlement is a form of crime against human assets, which is regulated in the Criminal Code. The crime of embezzlement often occurs in all fields, even the perpetrators at various levels of society, from the lowest level to the top layer, can commit the crime of embezzlement, which is a crime that starts with a belief in other people so that trust disappears because of the weakness of honesty. This study aims to examine the legal arrangements for embezzlement and to analyze the legal considerations in imposing a verdict on the embezzler of title deeds that may result in losses. The method used was normative legal research with the statutory, case, and conceptual approaches. Sources of data were sourced from primary and secondary legal materials obtained through interviews and documentation and recording. The results showed that in case No.733 / Pid.B / 2018 / PNDPS, it was found that it had fulfilled the elements in article 372 because it fulfilled the elements of embezzlement, the perpetrator was subject to sanctions, the perpetrator was charged with article 372 of the Criminal Code where the threat of punishment is a maximum of four years in prison and a maximum fine of nine hundred rupiahs. The legal considerations by the judge in making the verdict in case No.733 / Pid.B / 2018 / PNDPS were in accordance with existing legal regulations, based on evidence, namely, witness testimony and the defendant's testimony during the trial. The Panel of Judges is expected to be based on the facts revealed during the trial and to judge that the defendant can be held accountable for his actions, that the defendant carried out his actions in a condition that was both mentally and physically healthy

Penyalahgunaan Perbincangan Interaktif dalam Aplikasi Bigo Live sebagai Media Komunikasi yang Bermuatan Tindak Pidana Pornografi Kadek Indra Prayogi; Anak Agung Sagung Laksmi Dewi; I Made Minggu Widyantara
Jurnal Preferensi Hukum Vol. 2 No. 2 (2021): Jurnal Preferensi Hukum
Publisher : Warmadewa Press

Developments in Information Technology have contributed greatly to the evolution of the world. The era also influences the lifestyle of people, including crime, for example, the pornography crime in Bigo Live. The problems are I) How is the legal arrangement for interactive conversations in the Bigo live application in relation to the enactment of the pornography law? and 2) What is the punishment for misuse of the Bigolive application as a media communication that contains pornography? The purpose of this research is to find out the legal arrangements for the crime of pornography in the Bigo live application in Indonesia as well as to find out criminal sanctions against criminal acts of misusing the Bigo live. The method used is the normative method. The statutory regulations that are used as references in solving criminal cases of abuse of the Bigo live application are article 282 paragraph (I) of the Criminal Code, the !TE Law in article 27 paragraph (I) jo 45 paragraph (I), and 4 paragraph (I), 29, 31, and 32 in Pornography Law.

Perlindungan Hukum terhadap Whistleblower dalam Tindak Pidana Narkotika. Gusti Nyoman Adung Setiawan; Anak Agung Sagung Laksmi Dewi; I Made Minggu Widyantara
Jurnal Preferensi Hukum Vol. 2 No. 2 (2021): Jurnal Preferensi Hukum
Publisher : Warmadewa Press

A wistleblower is someone who is aware of a criminal act and notifies it to law enforcement officials. The role of whistleblowers is very important to help expose acts of narcotics abuse. The purpose of this study is to determine the legal protection arrangements for whistleblowers in narcotics abuse and to find out legal protection for whistleblowers in narcotics crime. The research method used in this research is normative legal research method normative legal research method which is carried out by examining a statutory regulation related to the problem being discussed and through a conceptual approach or conceptual approach which shows a concept, and uses a conceptual approach. doctrine, namely the views or thoughts of experts related to the science of law. A person who is a whistleblower or notifier in narcotics abuse always bears a reply from those who feel aggrieved or aggrieved as a result of a notification or report from a whistleblower, legal security for a person who is a pioneer or whistleblower in investigating criminal acts of narcotics abuse is important given to the authorities so that all people are willing to become reporters in order to support legal institutions to reveal and arrest narcotics abuse. Security for whistleblowers must be made strictly in law so that security for whistleblowers can be upheld.

Pertanggungjawaban Pidana terhadap Pelaku Penyebaran Berita Bohong (Hoax) Terkait Informasi Kesehatan di Masa Pandemi Covid-19 Kadek Rizky Bhaswara Ardiwenatha; Nyoman Gede Sugiartha; I Made Minggu Widyantara
Jurnal Preferensi Hukum Vol. 2 No. 2 (2021): Jurnal Preferensi Hukum
Publisher : Warmadewa Press

Hoax news is news that cannot be accounted for by the makers of fake news. Fake news about health information during the pandemic Covid-19 is very dangerous for the public. This study aims to determine the legal arrangements and accountability for the perpetrators of hoax in the midst of the Covid-19 pandemic. The formulation of the problem in this research is how the legal arrangements for the perpetrators of hoax spread in the middle of the Covid-19 pandemic and how criminal responsibility is for the perpetrators of hoax spread in the middle of the covid-19 pandemic. This study uses a normative legal research method using a statutory approach. This study uses a normative legal research method using a statutory approach. The main source of this research is legislation. The results in this study are crimes that can be imposed on the perpetrators of spreading fake news in the midst of the Covid-19 pandemic namely Article 14 paragraph (}),paragraph (2), Article 15 Article 14 paragraph ( 1 ) and Article 45A paragraph ( 1) and (2) .and article 28 of Law No. 11 of 2008 on Information and Electronic Transactions. For the government, the Government should supervise every content on electronic media in Indonesia.

Sanksi Pidana Terhadap Pelaku Tindak Pidana Santet Rachmad Alif Al Buchori; I Made Sepud; I Made Minggu Widyantara
Jurnal Preferensi Hukum Vol. 2 No. 3 (2021): Jurnal Preferensi Hukum
Publisher : Warmadewa Press

The philosophical background of witchcraft can be classified as a criminal act because witchcraft is recognized and believed to exist in the community, and causes unrest, but cannot be prevented and eradicated through law because of difficulties in proving it. So in this case, criminal sanctions are needed for the perpetrators of witchcraft. The purpose of this study is to analyze the criminal sanctions against the perpetrators of the crime of witchcraft. The method used in this research is normative with a statutory approach. The data sources used are primary, secondary, tertiary data sources obtained from recording and quoting relevant legal materials. The results of the study reveal that accountability for perpetrators of witchcraft is not written or listed in the current Criminal Code (KUHP). But it is different in the Draft Criminal Code (RKUHP), perpetrators of witchcraft can now be made a criminal act even though it does not specifically include the word witchcraft in the RKUHP. The formulation of the crime in Article 293 of the RKUHP is increasingly clear that perpetrators of witchcraft possessing the elements referred to may be subject to a maximum imprisonment of 5 years and a category IV fine.

Tinjauan Yuridis Pemidanaan Terhadap Pelaku Tindak Pidana Penjarahan Komang Gede Reska Joanykernia Pradila; Anak Agung Sagung Laksmi Dewi; I Made Minggu Widyantara
Jurnal Preferensi Hukum Vol. 2 No. 3 (2021): Jurnal Preferensi Hukum
Publisher : Warmadewa Press

The rapid development of the times in Indonesia in various aspects has made the behavior patterns of the Indonesian people diverse. Seen from a legal perspective, there is behavior that is in accordance with applicable norms and there is also behavior that deviates from applicable norms. One of the deviant acts is the crime of looting. Looting is the crime of theft which is carried out by forcibly taking other people's belongings which is carried out during natural disasters, riots, airplane accidents and train accidents. The purpose of this study is to analyze the criminal sanctions against the perpetrators of the crime of looting and the judge's considerations in imposing a sentence on the perpetrators of the crime of looting. This research applies normative research methods. The legal materials used are primary, secondary and tertiary legal materials with the technique of inventorying or tracing the relevant legal materials then classified or grouped and documented, recorded, quoted, summarized, reviewed as needed using a qualitative approach which is then analyzed systematically. The results of the study reveal that people who commit the crime of looting will be subject to criminal sanctions according to article 363 of the 2nd KUHP paragraph (1) by considering article 10 of the Criminal Code and it is obligatory for the perpetrators to be held accountable for their actions.

Tinjauan Yuridis Pengaturan Tindak Pidana Terhadap Kejahatan Benda Virtual dalam Game Online Ida Ayu Putri Ary Yulandari; Anak Agung Sagung Laksmi Dewi; I Made Minggu Widyantara
Jurnal Preferensi Hukum Vol. 2 No. 3 (2021): Jurnal Preferensi Hukum
Publisher : Warmadewa Press

Such rapid progress in the field of Information Technology has an impact on the patterns and aspects of people's lives which along with the progress of the times color the formation of new rules. Crimes and other crimes have actually developed, one of which is virtual object crime in online games. The purpose of this study is to reveal the legal regulation of criminal acts against virtual object crimes in online games and criminal sanctions against virtual object crimes from the perspective of ius constituendum. The research method used is the type of normative research. Sources of data used are primary, secondary and tertiary legal sources. The technique of collecting law is done by recording techniques deductively and inductively. After the data is collected then it is analyzed by means of legal interpretation. The results of the study revealed that the perpetrator committed a criminal act of fraud with the object of a virtual object crime, this is certainly contrary to the laws and regulations. Article 28 paragraph (1) of the ITE Law and Article 378 of the Criminal Code are references in resolving crimes against virtual objects in online games and the sanctions are Article 45 paragraph (2) of the ITE Law. The regulations that will be made can provide a deterrent effect and minimize virtual object crimes in Online Games.

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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