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Keadilan Restoratif dalam Tindak Pidana Ringan di Masa Pandemi Covid-19 I Gusti Ayu Sukrisma Dewi; Anak Agung Sagung Laksmi Dewi; I Made Minggu Widyantara
Jurnal Preferensi Hukum Vol. 2 No. 3 (2021): Jurnal Preferensi Hukum
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (260.237 KB) | DOI: 10.22225/jph.2.3.3996.530-535

Abstract

At the time of the Covid-19 pandemic, various activities were suspended in terms of education, tourism, companies, politics, and the resolution of a case that caused a crowd or crowd. Where to minimize the spread of COVID-19 in resolving a minor problem, it can be done through Restorative Justice. The purpose of this study is to analyze the legal arrangements regarding restorative justice in minor crimes during the covid-19 pandemic and criminal sanctions against minor crimes based on restorative justice. This research is a normative legal research using primary and secondary legal sources. Data collection techniques are carried out to obtain the required legal materials through recording and documentation studies. Then, the legal materials are processed using interpretation analysis. The results of the study reveal that the regulation of restorative justice in minor crimes during the covid-19 pandemic is very necessary to regulate criminal sanctions against minor crimes based on restorative justice.
Kewenangan Penyidik Kepolisian dalam Melakukan Penyidikan Tindak Pidana Korupsi I Putu Edi Rusmana; I Made Minggu Widyantara; Luh Putu Suryani
Jurnal Preferensi Hukum Vol. 2 No. 3 (2021): Jurnal Preferensi Hukum
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (209.578 KB) | DOI: 10.22225/jph.2.3.4018.576-581

Abstract

Various laws and regulations that were created as a substitute for the previous rules, have not guaranteed success in eradicating corruption in Indonesia. The existence of several laws that regulate the authority and obligations of each law enforcement officer such as the Police, Prosecutors, Judges and the KPK so that it creates a blurring of their authority or there is an overlap of authority granted by the state creates a wrong perception, for example, the police as investigators feel they are authorized to carry out criminal investigations. corruption in addition to prosecutors and the KPK. The purpose of this study is to analyze the regulation of the authority of police investigators in conducting investigations into cases of criminal acts of corruption and what obstacles are faced by police investigators in conducting investigations into criminal acts of corruption. This research is a normative legal research type with a conceptual approach and a statutory approach. The legal sources used are secondary legal materials. The method of collecting legal material sources used in this study is the categorization of legal material sources. The legal materials that have been collected, then during the discussion will be processed and analyzed with legal interpretations and legal arguments, deductively then poured descriptively. The results of the study indicate that there is no cooperation in the form of legislation between police investigators and other law enforcement parties such as the Prosecutor's Office and the KPK, it is necessary to immediately establish a law that regulates clearly and in detail about the authority, cooperation and coordination in conducting criminal investigations. corruption, this needs to be done in order to be more effective and can be realized.
Sanksi Pidana terhadap Penumpang yang Membawa Barang Berbahaya dalam Penerbangan Ibnu Maruf; Anak Agung Sagung Laksmi Dewi; I Made Minggu Widyantara
Jurnal Preferensi Hukum Vol. 2 No. 3 (2021): Jurnal Preferensi Hukum
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/jph.2.3.4019.582-587

Abstract

Aviation is the transportation that is chosen by many people to support their mobility and travel efficiency. In order to maintain comfort for users of aviation transportation, the operation of flights and their supervision is regulated directly by the national transportation unit system in an integrated and systematic manner. This study aims to examine the legal arrangements for passengers who carry dangerous goods on flights and reveal criminal sanctions against passengers who carry dangerous goods on flights. This study was designed using normative legal research, with a legislative and conceptual approach. The data used are sourced from primary, secondary and tertiary legal materials obtained through reading activities. Then analyzed using literature study. The results of the study reveal that legal arrangements regarding passengers carrying dangerous goods on flights are regulated in detail and firmly in Law No. 1 of 2009 concerning Aviation, Government Regulation No. 3 of 2001 concerning security and safety in flights and the sanctions given to perpetrators who carry dangerous goods are: imprisonment for 2 years and a fine of Rp. 500,000,000
Putusan Sela Perkara Perdata Bila Penggugat Asal Meninggal Dunia I Kadek Agus Widiastika Adiputra; I Nyoman Gede Sugiartha; I Made Minggu Widyantara
Jurnal Preferensi Hukum Vol. 2 No. 3 (2021): Jurnal Preferensi Hukum
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (214.648 KB) | DOI: 10.22225/jph.2.3.4021.588-593

Abstract

The decision of the Panel of Judges on Civil Case No. 414/Pdt.G/2019/PN Dps, which continued the trial and set an interim decision even though one of the plaintiffs had died, contradicted the Jurisprudence of the Supreme Court of the Republic of Indonesia Number 431K/Sip/1973, dated May 9, 1974. This study aimed to examine the setting of interlocutory decisions on the civil procedural law and examine the judge's considerations in determining the continuation of the trial process in the case of decision Number: 414/Pdt.G/2019/PN Dps when the original plaintiff died. This research was designed by using normative legal research and legislation approaches. The data used were primary and secondary legal data collected through documentation techniques by processing and analyzing legal literature that had been collected using legal arguments. The results of the study indicated that the provision of interlocutory decisions was regulated in Article 185 HIR/196 RBg. Interlocutory decisions could be divided into 4 groups, namely preparatory, interlocutor, incidental, and provisional. The judges' considerations in civil cases Number: 414/Pdt.G/2019/PN Dps The Intervenient asked the Panel of Judges to be given the position of a Plaintiff-Intervenor based on the legal basis of disputes over property rights, over the land and buildings on it with the Intervenient's position as a buyer in good faith.
Kriminalisasi Terhadap Pekerja Seks Komersial Melalui Online dalam Pembaharuan Hukum Pidana I Gede Yoga Pratama; Anak Agung Sagung Laksmi Dewi; I Made Minggu Widyantara
Jurnal Preferensi Hukum Vol. 2 No. 3 (2021): Jurnal Preferensi Hukum
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (200.082 KB) | DOI: 10.22225/jph.2.3.4022.594-598

Abstract

Prostitution is behavior that is openly subject to adultery without any marriage bond. Nowadays prostitution is easy to find on various social media. Commercial-related regulations have been regulated in the Criminal Code, Law no. 19 of 2016 concerning Information and Electronic Transactions, Law no. 44 of 2008 concerning Pornography, Law no. 21 of 2007 concerning the Crime of Human Trafficking. This study aimed to examine the criminal law regulation of online sex workers according to positive law and uncover criminal sanctions against online sex workers in the future. This study was designed using normative legal research, with a Legislative approach. The legal materials used were primary legal materials and secondary legal materials. Data were collected using documentation study techniques and literature studies, then analyzed using systematic interpretation techniques. The results of the study indicated that sanctions for pimps are regulated in the Criminal Code, Law no. 21/2007, Law no. 44/2008, and Law no. 19/2016, and only article 284 of the Criminal Code concerning adultery that can ensnare prostitutes and customers if they have a family, and criminal sanctions for commercial sex workers in the future are contained in articles 425 to 428 of the Draft Criminal Code.
Sanksi Hukum terhadap Anggota Polisi yang Melakukan Tindak Pidana Pembunuhan Ni Komang Ayu Sri Agustini; Anak Agung Sagung Laksmi Dewi; I Made Minggu Widyantara
Jurnal Preferensi Hukum Vol. 2 No. 3 (2021): Jurnal Preferensi Hukum
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (176.654 KB) | DOI: 10.22225/jph.2.3.4033.633-638

Abstract

The police are essentially government institutions and functions that are engaged in maintaining public security and order. The number of temptations causes the police to commit violations or criminal acts. This study aims to understand the legal arrangements against police officers who commit crimes and examine legal sanctions and legal rules that regulate problems in legal arrangements against police officers who commit criminal acts and forms of legal sanctions against the crime of murder. The research method uses normative legal research with a statutory and conceptual approach. Sources of legal materials consist of primary legal materials and secondary data. Data collection is done by reading the law on the police. Data analysis was carried out by case studies namely; the legal materials obtained in the research were processed and analyzed, and presented in a descriptive-analytical manner. The results of the study indicated that legal arrangements for police officers who commit murder crimes, where violations of the code of ethics have consequences, will be tried by the commission of the professional code of ethics. The legal sanction is that a police officer who commits a crime will be processed through a general court trial, undergo sanctions, and undergo a code of ethics trial with dishonorable dismissal. The imposition of disciplinary sanctions is decided in a disciplinary hearing for members of the police who violate police discipline and code of ethics
Sanksi Pidana Terhadap Pembuat Stiker Prnografi di Media Komunikasi Whatshap Putu Bagus Dio Adinatha; Anak Agung Sagung Laksmi; I Made Minggu Widyantara
Jurnal Preferensi Hukum Vol. 2 No. 3 (2021): Jurnal Preferensi Hukum
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (231.166 KB) | DOI: 10.22225/jph.2.3.4037.658-663

Abstract

The spread of pornographic content is not only spread through access to pages on the internet website but is spread through various platforms, one of which is communication media. Currently, the majority of people from various age groups and economies are very familiar with online communication media. This study aimed to examine the legal arrangements against pornographic sticker makers in WhatsApp communication media and examine criminal sanctions against pornographic sticker makers in WhatsApp communication media. This type of research used normative law with a Legislative and Conceptual approach. Sources of legal materials consisted of primary, secondary, and tertiary sources of legal materials. It could be obtained through an inventory or tracing technique of relevant legal materials and then classified or grouped and documented, recorded, quoted, summarized. The results of the study showed that the legal arrangements for making pornographic stickers on WhatsApp communication media are regulated in the ITE Law (Electronic Information and Transactions) Law No. 11 of 2008, the Criminal Code (KUHP), and the Pornography Law - Law No. 44 of 2008 which can ensnare the perpetrators of pornographic sticker makers on WhatsApp communication media. Criminal sanctions against pornographic sticker makers on WhatsApp communication media, any person who intentionally and without rights spreads information that aims to cause hatred or hostility to certain individuals and/or community groups based on ethnicity, religion, race, and intergroup (SARA), will be subject to criminal sanctions with a maximum imprisonment of six years or a maximum fine of Rp. 1 Billion.
Penyelenggaraan Operasional Anggota Patroli Jalan Raya dalam Melaksanakan Tugas Pengawalan VVIP Maupun VIP di Wilayah Hukum Polda Bali Menurut Undang-undang Nomor 22 Tahun 2009 Berliana Indah Sari; Anak Agung Sagung Laksmi Dewi; I Made Minggu Widyantara
Jurnal Preferensi Hukum Vol. 2 No. 3 (2021): Jurnal Preferensi Hukum
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (172.174 KB) | DOI: 10.22225/jph.2.3.4039.671-676

Abstract

In the jurisdiction of the Bali Police, there are also VIP and VVIP escorts which are special escorts from the Police for working visits of government officials visiting the Unitary State of the Republic of Indonesia. In carrying out these mentoring activities, it must be in accordance with the established Standard Operating Procedure (SOP). This study aimed to examine the legal arrangements regarding the security of escorts carried out by Polri members on the way to their destination and reveal the sanctions received by Polri members in carrying out escorts that are not in accordance with Standard Operating Procedures. This study used a normative legal approach to problems and legislation. Sources of data used were primary data and secondary data obtained through reading and taking notes. Furthermore, the data were analyzed descriptively qualitatively. The results of the study indicated that the right to escort is also regulated in Law No. 22 of 2009 Article 134 concerning Road Traffic and Transportation. Sanctions received by Polri members who do not enforce discipline in escort are contained in Government Regulation of the Republic of Indonesia Number 2 of 2003 concerning Discipline of Polri Members or sanctions for violating the implementation of Polri's professional code of ethics as regulated in National Police Chief Regulation Number 14 of 2011 concerning Polri's Professional Code of Ethics.
Peranan Intelijen Kejaksaan dalam Pengungkapan Kasus Tindak Pidana Korupsi I Made Dwi Narendra Dananjaya; Anak Agung Sagung Laksmi Dewi; I Made Minggu Widyantara
Jurnal Preferensi Hukum Vol. 3 No. 1 (2022): Jurnal Preferensi Hukum
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (214.844 KB) | DOI: 10.22225/jph.3.1.4593.12-16

Abstract

Corruption is a crime that is very detrimental to the community's economy which causes social inequality as a result of the corruption. Therefore, the role of the prosecutor's intelligence in disclosing corruption cases is very necessary to eradicate corruption in Indonesia. This study aims to examine the role of Buleleng State Prosecutor's Intelligence in disclosing corruption cases and uncover the obstacles faced by Buleleng State Prosecutor's Intelligence in disclosing corruption cases. The type of research used is empirical legal research with a statutory approach, carried out by analyzing an applicable regulation whether it is effective in the field. Sources of data used are primary and secondary data, and data collected by interview and observation techniques. Furthermore, it is processed qualitatively descriptively. The results of the study indicate that the role of the prosecutor's intelligence in corruption cases has several obstacles in its performance to eliminate corruption in Indonesia due to several factors that occur in the field of course this is detrimental to the community and also related agencies.
Pertanggungjawaban Pidana Kekerasan dengan Memaksa Orang untuk Melakukan Perbuatan Pencabulan Ni Kadek Widya Widiani; I Made Minggu Widyantara; Ni Made Sukaryati Karma
Jurnal Preferensi Hukum Vol. 3 No. 1 (2022): Jurnal Preferensi Hukum
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (211.387 KB) | DOI: 10.22225/jph.3.1.4661.97-102

Abstract

Crime cases against crimes of harassment are always present in human life and attract the attention of the Sgeneral public. Crimes that are not dignified and violate the rules of norms are often used as topics in the mass media that make people worry about these cases, so that legal protection is needed for the community, especially victims related to cases of sexual harassment. The purposes of this study are to examine the regulation of criminal acts of violence by forcing people to commit acts of obscenity and criminal sanctions of violence by forcing people to commit acts of obscenity. This research is a normative legal research with a case and legislation approach. Data collection techniques were carried out by researching library materials. Legal sources are primary and secondary legal sources which are then analyzed systematically. The results of the study reveal that the regulation of criminal acts of violence by forcing people to commit acts of obscenity and criminal sanctions of violence by forcing people to commit acts of obscenity are regulated in Articles 289 to 296 of the Criminal Code.
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