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suryawan, Gusti Bagus

Universitas Warmadewa, Denpasar-Bali, Indonesia

Author-ID : 3409550

Law, Crime, Criminology & Criminal Justice Social Sciences Other

Published : 17 Documents Claim Missing Document

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Penegakan Hukum terhadap Tindak Pidana Peretasan sebagai Bentuk Kejahatan Mayantara (Cyber Crime) I Gusti Ayu Suanti Karnadi Singgi; I Gusti Bagus Suryawan; I Nyoman Gede Sugiartha
Jurnal Konstruksi Hukum Vol. 1 No. 2 (2020): Jurnal Konstruksi Hukum
Publisher : Warmadewa Press

Along with technological developments, there are a lot of facilities available in cyberspace. The development of this technology can also provide opportunities for criminals, especially crimes in cyberspace. Cybercrime is a new form or dimension of a crime that is currently receiving a lot of attention from the international community. One type of cybercrime is hacking. Based on this background, this research was conducted with the aim of describing law enforcement against criminal acts of hacking and the efforts to deal with cybercrime. This research was conducted using normative legal research methods and statutory approaches. The results of this study showed that law enforcement against criminal acts of hacking is regulated in Law Number 19 of 2016 amending Law Number 11 of 2008 concerning Electronic Information and Transactions. The perpetrator will be given criminal sanctions in the form of imprisonment and fines for violations in the field of hacking. In addition, efforts to eradicate cybercrime refers to the Law on Information and Electronic Transactions which is carried out with preventive and repressive measures. Therefore, the criminal act of hacking which is included in the realm of cybercrime has been regulated in Article 30 paragraph (1), (2) and (3) of the ITE Law, while the punishment is regulated in Article 46 paragraph (1), (2), and ( 3) of the ITE Law. In this regard, the government has taken various countermeasures in the form of preventive and repressive measures.

Efektifitas Pelaksanaan Peraturan Daerah Kabupaten Badung Nomor 2 Tahun 2016 Tentang Sistem Online Pajak Daerah I Gusti Ayu Mas Yuni; I Gusti Bagus Suryawan; Luh Putu Suryani
Jurnal Konstruksi Hukum Vol. 1 No. 2 (2020): Jurnal Konstruksi Hukum
Publisher : Warmadewa Press

The Regional Revenue Agency / Pasedahan Agung Badung Regency is a regional apparatus organization that has the main objective and function of managing regional revenue as a source of regional financing in implementing regional development. This study aims to analyze the implementation procedures and determine the effectiveness of the implementation of the Badung Regency Regulation Number 2 of 2016 concerning the Local Tax Online System. This study uses an empirical method. There are 2 forms of data used, namely primary and secondary, namely collected through interviews. The results showed that the procedures for implementing the online system of local taxes for taxpayers to report their taxes through the Revenue Agency web and the installation of recording devices for monitoring business transactions on taxpayers. The implementation of the Local Tax Online System can be said to be effective as seen from the increase in online tax reporting and the increase in the installation of business transaction monitoring tools for taxpayers and the increase in PAD Taxes. The juridical and non-juridical constraints are the taxpayers who refuse to install a recording device for monitoring taxpayers' business transactions. Therefore, through this research, the Regional Revenue / Pasedahan Agency is expected to increase the socialization of understanding and reinforce the sanctions in the Badung Regency Regional Regulation Number 2 of 2016 concerning the Online Regional Tax System

Mekanisme Impeachment Presiden dalam Sistem Ketatanegaraan Indonesia I Gede Ngurah Bayu Krisna; Gusti Bagus Suryawan; Wayan Arthanaya
Jurnal Konstruksi Hukum Vol. 1 No. 2 (2020): Jurnal Konstruksi Hukum
Publisher : Warmadewa Press

In the course of the Indonesian Constitution, the president has been dismissed four times. This is the cause of the dispute between the two state institutions, namely the Representative Council (DPR) and the President. However, after reformation, the process of dismissing the President had to go through several stages. Based on these problems, this study aims to analyze the impeachment mechanism of the President in the Indonesian constitutional system and to find out the consequences of the Constitutional Court's legal decisions upon the DPR's request. This research uses the normative type by looking at the 1945 Constitution of the Republic of Indonesia concerning impeachment. The data sources used were law and documentation. Then, all data is processed and analyzed with deductive-inductive legal arguments. The results showed that before the reformation, government power was very large and centralized, giving birth to an undemocratic government, and the impeachment process of the President used political rather than juridical reasons. However, after the reform era, the regulation was made clear by the changes to the three 1945 Constitution that gave birth to a new institution, namely the Constitutional Court, automatically the post-reform Impeachment must go through a new legal institution after that a political institution

Pertimbangan Hukum terhadap Putusan Lepas dari Segala Tuntutan Hukum (Ontslag Van Rechtsvervolging) Anak Agung Gede Wiweka Narendra; I Gusti Bagus Suryawan; I Made Minggu Widyantara
Jurnal Konstruksi Hukum Vol. 1 No. 2 (2020): Jurnal Konstruksi Hukum
Publisher : Warmadewa Press

People’s knowledge and understanding of the community, especially law enforcement officials as the one who implement the laws and regulations, often causes mistakes in interpreting the criminal act of fraud. Evidence shows that the public or law enforcement officials who carry out their duties if a legal relationship is carried out by someone with another person, which was originally very civil in nature (individual contract), can often develop into a complex problem because it contains other juridical aspects, for example the dimension of the crime. This study aims to determine the judge's consideration in giving a decision that is free from all lawsuits as well as the legal remedies that can be made on a decision that is free from all lawsuits in criminal cases. This study uses a descriptive normative research method. Sources of data used are secondary legal materials as the basis for research. Data collection in this study was carried out by literature study (document study), namely the collection of legal materials through written legal materials with deduction analysis techniques. Deductive analysis is drawing conclusions from general matters regarding the concrete problems faced. After the analyzing the data, the results showed that the basis for the judge's consideration of giving a verdict that is free from all lawsuits is if the accused can be proven legally and convincingly and strengthened by evidence so that the judge's conviction is obtained but it is not included in a criminal act as contained in Article 191 point (2) KUHAP which requires that it be declared to be released from all legal demands.

Kedudukan Perancang Peraturan Perundang-Undangan dalam Pembentukan Peraturan Daerah I Dewa Gede Anggarisna; I Gusti Bagus Suryawan; Luh Putu Suryani
Jurnal Konstruksi Hukum Vol. 2 No. 1 (2021): Jurnal Konstruksi Hukum
Publisher : Warmadewa Press

This study aims to determine the position and duties of the designer in the formation of regional regulations and the implementation of the designer's participation in the formation of regional regulations in Bali Province. The method in this legal research uses empirical legal research. The results show that the position and duties of the drafters of legislation in the formation of regional regulations play an important role, namely preparing to process and formulate all legal instruments and matters related to the design of legislation, while in the formation of regional regulations in Bali Province, the implementation of participation, namely the statutory designer is still there are 3 regencies / cities that have not involved the designer in the formation of local regulations. The comparison of the number of perda revoked from 2014-2019 between Provinces / Districts that involve designers and districts / cities that have not involved designers does not show a significant comparison of numbers. However, in 2018 the implementation of Designer Participation. In the Formation of Regional Regulations in the Province of Bali, it was started from the beginning to the end. So that the implementation of the participation of the new designer begins to run effectively. The legal consequence is that if the designer does not explicitly include the statutory regulations it does not explicitly state the sanctions so that there is an empty norm.

Kewenangan Pemerintah dalam Pembubaran Organisasi Kemasyarakatan I Gde Pasek Ari Krisnadana; I Gusti Bagus Suryawan; Ida Ayu Putu Widiati
Jurnal Konstruksi Hukum Vol. 3 No. 1 (2022): Jurnal Konstruksi Hukum
Publisher : Warmadewa Press

Ormas, which are familiarly referred to as community organizations, are organizations that exist and are formed from the community voluntarily based on the same needs, interests, common aspirations, activities and goals in participating in development for the sake of the Unitary State of the Republic of Indonesia based on Pancasila. The purposes of this study are to reveal the scope of government authority in the dissolution of civil society organizations in Indonesia and the mechanism for the dissolution of civil society organizations in Indonesia. The research method used is normative legal research with a statutory approach. Sources of legal materials used in the form of secondary and primary legal sources through recording and documentation studies in which legal materials and data are managed using interpretive analysis. The results of the study indicate that the scope of government authority in the dissolution of community organizations is based on the attribution authority. Regarding the mechanism for dissolving community organizations, it refers to the provisions of Law Number 16 of 2017 concerning Ormas. The author suggests that the government always conduct socialization and supervision related to the activities of community organizations so that the community and mass organizations must be guided by the 1945 Constitution of the Republic of Indonesia and Pancasila because it is the most important principle in establishing community organizations.

Co-Authors Anak Agung Gede Wiweka Narendra I Dewa Gede Anggarisna I Gde Pasek Ari Krisnadana I Gede Ngurah Bayu Krisna I Gusti Ayu Mas Yuni I Gusti Ayu Suanti Karnadi Singgi I Gusti Made Bayu Nugraha I Kadek Andika Setiawan I Made Jaya Senastri I Made Minggu Widyantara I Nyoman Gede Sugiartha I Nyoman Sutama I Nyoman Sutama I Wayan Arthana I Wayan Arthanaya I Wayan Arthanaya I Wayan Arthanaya I Wayan Arthanaya I Wayan Arthanaya I Wayan Wirya Sastrawan I. B. Komang Suarka Made Ayu Wangi Utari Suryatika Putu Suryani . Ria Trisnomurti Trisnomurti, Ria Wayan Arthanaya Widiati, Ida Ayu Putu

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