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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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Kriminalisasi Terhadap Kejahatan Carding Sebagai Bentuk Cyber Crime dalam Hukum Pidana Indonesia I Gede Krisna Ginara; I Made Minggu Widyantara; Ni Komang Arini Styawati
Jurnal Preferensi Hukum Vol. 3 No. 1 (2022): Jurnal Preferensi Hukum
Publisher : Warmadewa Press

Criminalization is an action that was not initially considered a criminal event, then classified as a criminal event for the community. In the era of globalization as now, there are so many cyber crimes that have arisen in Indonesia, cyber crime is an illegal act committed by criminals by utilizing technology and computer network information systems. One thing that happened in Indonesia and is relatively common in society is the crime of carding in the form of evil deeds in using internet technology as a tool in illegally opening a system on a website to obtain credit card information owned by customers. The purposes of this study are to reveal the criminalization of carding crimes in Indonesian criminal law and efforts to overcome carding crimes. This type of research uses a normative legal research type with a statutory and conceptual approach. The data collection technique was carried out using library techniques. The sources of law used are primary, secondary, and tertiary laws. After the data was collected, it was then analyzed qualitatively and presented in a descriptive form. The results of the study reveal that the crime of carding is regulated in Law number 19 of 2016 concerning Amendments to Law number 11 of 2008 concerning Information and Electronic Transactions, and is also formulated in Articles 362, 363 and 378 of the Criminal Code, namely regarding theft and fraud. As for the legal efforts that can be done to prevent carding crimes, they can use repressive and preventive measures.

Relevansi Sanksi Pidana dalam Penegakan Hukum Protokol Kesehatan pada Masa Pandemi Covid-19 Ni Putu Ayu Mia Paramartha Sari; Anak Agung Sagung Laksmi Dewi; I Made Minggu Widyantara
Jurnal Preferensi Hukum Vol. 3 No. 1 (2022): Jurnal Preferensi Hukum
Publisher : Warmadewa Press

There is a void in norms related to regulations governing violations of the COVID-19 health protocol as a crime, so it is appropriate to use criminal sanctions because this is an issue that must be clarified. The purposes of this study are to analyze legal arrangements for law enforcement of health protocols during the Covid-19 pandemic and regarding criminal sanctions in law enforcement of health protocols during the Covid-19 pandemic. This study uses normative legal research, using a statutory approach, a historical approach, and a conceptual approach. The sources of legal materials used by the author are primary and secondary legal materials using library techniques. The analysis technique was carried out qualitatively and presented in descriptive form. The findings reveal that the regulation of violations of the COVId-19 health protocol can be classified as an administrative crime based on administrative criminal law terminology, but in principle the legality of violating the COVID-19 health protocol does not have a clear legal basis because its enforcement is still using Article 212, 216, and 218 of the Criminal Code, Article 93 of the UU Law and Article 14 of the Infectious Disease Outbreak Law. In addition to this, the criminal sanctions contained in the legal rules which are considered to cover law enforcement for violations of the COVID-19 health protocol do not fully meet the elements of the ideal sentencing goal.

Penegakan Hukum Terhadap Pelaku Cyber Bullying di Kepolisian Daerah Bali pada Masa Pandemi Covid-19 Ni Komang Putri Pratiwi; Anak Agung Sagung Laksmi Dewi; I Made Minggu Widyantara
Jurnal Preferensi Hukum Vol. 3 No. 1 (2022): Jurnal Preferensi Hukum
Publisher : Warmadewa Press

Based on observations at the hotel in the Sanur area, there were several foreign workers working at the hotel before the permit was approved. This study aims to examine the implementation of the provisions on the use of foreign workers and examine the obstacles in implementing the provisions on the use of foreign workers at hotels in the Sanur area. This research method is empirical legal research with a statutory approach. There are two sources of data used, namely primary and secondary legal materials. To obtain valid data, the researchers used observation and interview techniques. Research data that has been collected, processed and analyzed qualitatively descriptive. The results show that special requirements such as foreign workers must have specific skills, companies that guarantee foreign workers must have a permit to employ foreign workers and foreign workers must meet immigration requirements such as passports, visas and KITAS. The use of foreign workers in hotels in the Sanur area of Denpasar City is quite good, but there are obstacles in implementing the provisions for the use of foreign workers in hotels in the Sanur area when foreign workers are needed urgently so that they take a shortcut by extending a Visit Visa when the work visa has expired. The suggestion is that companies in Indonesia should prioritize competent local workers and follow the rules regarding the use of foreign workers.

Perlindungan Hukum Terhadap Korban Glorifikasi dari Pelaku Tindak Pidana Pencabulan Tjok Istri Agung Mellynia Putri Saraswati; I Made Minggu Widyantara; Ni Made Sukaryati Karma
Jurnal Preferensi Hukum Vol. 3 No. 1 (2022): Jurnal Preferensi Hukum
Publisher : Warmadewa Press

Today, children are often victims of sexual abuse. Child molestation is a very disgraceful treatment that damages the future of the child, both physically and psychologically. One of the examples of cases of child abuse is the case that was committed by SJ. After being released from prison, SJ received a lot of applause in the public. The glorification of the SJ case can be seen as normalizing perpetrators of sexual abuse in the public. The purpose of this research is to examine the legal arrangements for the glorification of perpetrators of criminal acts of obscenity and to reveal protection for victims who have experienced crimes of sexual abuse. The type of research used is normative legal research with a statutory approach. Sources of legal materials are primary and secondary legal materials. To get valid data, the researcher used library research techniques, namely taking notes, summarizing, and giving reviews. The results of the study revealed that the regulation of perpetrators of criminal acts of obscenity is regulated in Article 289 of the Criminal Code and for the glorification of perpetrators of criminal acts of obscenity has not been specifically regulated. Protection of victims who have experienced criminal acts of obscenity is regulated in Articles 6, 7 and 7A of Law no. 31 of 2014 concerning Amendments to Law Number 13 of 2006 concerning Protection of Witnesses and Victims. ban Glorifikasi Dari Pelaku Tindak Pidana Pencabulan

Penegakan Hukum yang Dilakukan Direktorat Lalu Lintas Polda Bali terhadap Pelanggaran Kendaraan Roda Tiga Angkutan Sampah Melebihi Daya Beban Angkut di Kota Denpasar I Gede Eka Surya Pramana; I Nyoman Putu Budiartha; I Made Minggu Widyantara
Jurnal Preferensi Hukum Vol. 3 No. 2 (2022): Jurnal Preferensi Hukum
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55637/jph.3.2.4923.241-246

The Denpasar city government has created a garbage collection program that is managed by the Banjar. The waste produced in 2021 is around 550 - 600 tons every day. To reduce waste, we formed a team to store the waste and transport it to the landfill using a three-wheeled motorbike. The method of empirical research is used in conducting this research, with legal research being useful to see the legal point of view in the real conditions of a fact that exists in society. The conclusion of this study is that the Denpasar city government program to transport waste to the TPA for three-wheeled motorized vehicles is less efficient because the amount of waste carrying capacity exceeds the limit, thereby endangering other vehicles. The Traffic Directorate of the Bali Police carried out two types of efforts to reduce the number of violations by means of prevention and action.

Peranan Lembaga Bantuan Hukum dalam Penanganan Permasalahan Ketenagakerjaan (Studi Di LBH Bali) Kresensia Angelica Hardi; Anak Agung Sagung Laksmi Dewi; I Made Minggu Widyantara
Jurnal Preferensi Hukum Vol. 3 No. 2 (2022): Jurnal Preferensi Hukum
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55637/jph.3.2.4924.247-252

This study aims to analyze legal aid procedures and determine the role of Legal Aid Institutions in handling employment problems. Legal Aid Institute is one of the distributors of Legal Aid. One of them is the Bali Legal Aid Institute. The scope of the provision of legal aid is quite broad which includes also employment issues considering that many workers' rights have not been fulfilled and the workers' inability to get access to justice. This study uses empirical research methods with a sociological approach. Where researchers make direct observations on objects. Legal aid, procedures, procedures for obtaining legal assistance, and if a problem occurs, its handling is also regulated in Indonesian law. The Bali Legal Aid Institute has an important role in handling labor problems in the Bali area. Its roles include providing legal education, providing assistance, and being involved in policy formation for workers in the Bali area. For the government, it is hoped that it will be more aggressive in providing industrial relations development and for Legal Aid Institutions to socialize Legal Aid so that it can be utilized as well as possible.

Tindak Pidana Pembunuhan oleh Seorang Ibu Terhadap Bayinya Setelah di Lahirkan I Made Jaya Palguna; I Nyoman Gede Sugiarta; I Made Minggu Widyantara
Jurnal Preferensi Hukum Vol. 3 No. 2 (2022): Jurnal Preferensi Hukum
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55637/jph.3.2.4943.352-357

Violence against children is a form of human rights violation. Violence against children often occurs in the family environment where the family should receive protection, this has happened in the Gianyar district, Bali which was carried out by a biological mother against her newborn child, causing the child to die. The purpose of this research is to determine the legal regulation of the crime of murder by the mother of her baby after being born according to the law, as well as the criminal sanctions of the act of killing the mother of her baby after being born according to the law. The type of research in this research is normative research using primary legal materials and secondary legal materials. The technique of collecting legal materials is a literature research technique, namely by reviewing legal materials that intersect and then being categorized or classified and archived, written, quoted, summarized, and investigated as needed with a qualitative approach. Articles 341, 342, and 343 of the Criminal Code are also regulated in the Child Protection Law. With regard to criminal sanctions in such acts, based on Article 80 paragraphs 3 and 4 of Law no. 35 of 2014 concerning Child Protection, namely: perpetrators are sentenced to a maximum imprisonment of 15 years and/or a maximum fine of three billion rupiah.

Sengketa Gugatan Perdata atas Kepemilikan Tanah Istana Negara Tampaksiring Oleh Masyarakat di Desa Manukaya Gianyar I Nyoman Sukrata; Anak Agung Sagung Laksmi Dewi; I Made Minggu Widyantara
Jurnal Preferensi Hukum Vol. 3 No. 2 (2022): Jurnal Preferensi Hukum
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55637/jph.3.2.4944.358-363

The government expanded the area of the Tampaksiring State Palace and housing for Presidential Palace employees that had been acquired by the state and privately owned land in Manukaya Village. The purpose of this research was to determine the process of land ownership disputes at the Tampaksiring State Palace and to analyze the obstacles faced in resolving disputes over land ownership of the Tampaksiring State Palace by the people in the village of Manukaya. The research method used is Empirical Law. This research uses: a sociological approach, a statutory approach, and a fact approach in conducting research. Primary data comes from the results of field interviews which are then linked to legislation relevant to the case in the field and secondary data comes from: law books and legal journals that support primary data. Interview techniques were carried out as research data collection, library research techniques, and observation. The disputed land belonging to the Plaintiffs which was released by the Government was used as Housing for the employees of the Tampaksiring Presidential Palace at the time of release, the proof of ownership was still in the form of Girik/details of the 1948 Klasiran and Petok D. In the trial it turned out that the government, in this case the Tampaksiring State Palace, was able to prove it with evidence: Letter of application for Rights Use, dated January 27, 1986. Therefore, the community should first check the completeness of the evidence along with the certificate and the government should also increase efforts to prevent land disputes between the parties.

Upaya Kemenkumham dalam Penanggulangan Tindak Pidana Peredaran Narkotika yang Dilakukan Petugas Lembaga Pemasyarakatan I Nyoman Arya Mugi Raharja; Anak Agung Sagung Laksmi Dewi; I Made Minggu Widyantara
Jurnal Preferensi Hukum Vol. 3 No. 2 (2022): Jurnal Preferensi Hukum
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55637/jph.3.2.4954.413-418

Currently, a serious problem for the Indonesian state is the circulation of narcotics. Correctional institutions are also affected by the circulation of illicit narcotics, even though the institution is an isolated place, it can be carried out by officers, therefore it needs countermeasures from the Ministry of Law and Human Rights as the ministry that oversees correctional institutions. The aims are to analyze the cause of the circulation of narcotics in Class II A Kerobokan Penitentiary and to examine the efforts of the Ministry of Law and Human Rights in following up on narcotics trafficking crimes carried out by officers of Class II-A Kerobokan Penitentiary. Empirical legal research is used in compiling this research by using a sociological approach, a statutory approach, and a conceptual approach. The sources of legal materials for this research consist of primary and secondary data. Primary data is the main data resulting from observations made during the research, this data is data from interviews with respondents. Secondary data, namely supporting data for primary data, this data is obtained through legal sources. In this research, data collection techniques use direct interviews with sources. The results show that the correctional officers committing narcotics trafficking crimes were caused by several factors such as economic factors, mental factors, environmental/social factors, and inmates who were not rehabilitated. Improving the Quality of Correctional Officers, Improving Facilities and Infrastructure, Preventing Overcrowding, Providing Appropriate and Attractive Compensation, Conducting Routine Rotation of Narcotics Dealers, Urine Testing for Correctional Officers, imposing strict sanctions on Correctional Institution officers who are found to have violated the rules in these illicit goods, in accordance with Law No. 35 of 2009 on Narcotics.

Tindak Pidana Penipuan Investasi Fiktif di Pasar Modal Menggunakan Skema Piramida Ni Putu Rai Santi Pradnyani; I Nyoman Putu Budiartha; I Made Minggu Widyantara
Jurnal Preferensi Hukum Vol. 3 No. 2 (2022): Jurnal Preferensi Hukum
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55637/jph.3.2.4960.443-449

The rise of investment fraud in Indonesia has been driven by several factors, such as a lack of public awareness of the financial sector, especially legal investments, and the plight of those seeking high returns ignoring risk. The victims of fictitious investment are not only from the lower middle class, but also the educated or upper class with higher education. This research aims to find out how the legal arrangements for investment managers to commit fraud in the capital market using a pyramid scheme, and the criminal sanctions they will receive. This research is normative legal research conducted with a case and legislation approach. As a result, in cases of fraud, two sides can be found, namely the side that is deceived (the victim) and the side that deceives (the perpetrator). Capital Market Law stipulates a regulation whereby parties are required to follow the principle of transparency in trading securities and conducting public offerings on the secondary market. The criminal sanction for fictitious investment managers to commit fraud in the capital market using a pyramid scheme is where the perpetrator performs deviant behavior that meets certain requirements to be subject to criminal sanctions.

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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