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Eutanasia dalam Perspektif Hak Asasi Manusia dan Hukum Positif di Indonesia I Gusti Agung Gede Utara Hartawan; Anak Agung Sagung Laksmi Dewi; I Nyoman Sutama
Jurnal Konstruksi Hukum Vol. 1 No. 2 (2020): Jurnal Konstruksi Hukum
Publisher : Warmadewa Press

Euthanasia legislation has been approved and enforced in European countries such as the Netherlands. This provides a way for the patient's family with an incurable disease to end the patient's life in order to end the patient's suffering. In Indonesia, currently there are no legal norms that regulate euthanasia. This study aims to analyze euthanasia from a human rights perspective and to know euthanasia from a positive legal perspective in Indonesia. Research is included as normative research with a conceptual approach and statutory regulations. The results of this study indicate that euthanasia is contrary to article 28A, article 28G paragraph (2), and article 28I paragraph (1) of the 1945 Constitution of the Republic of Indonesia and articles 338, 340, 344, 345 of the Criminal Code. In the event that there is a request for euthanasia from the patient or the patient's family, the doctor must reject the request and the decision to implement euthanasia should wait for a court decision

Kewenangan Kepolisian Daerah Bali dalam Penegakan Hukum Terhadap Aksi Unjuk Rasa yang Anarkis I Nyoman Budiantara; Anak Agung Sagung Laksmi Dewi; I Nyoman Sutama
Jurnal Konstruksi Hukum Vol. 2 No. 3 (2021): Jurnal Konstruksi Hukum
Publisher : Warmadewa Press

Freedom of expression in public is the right of every citizen which is protected by law. There are several principles that must be followed in expressing opinions in public, namely the principle of balancing rights and obligations, deliberation and consensus, legal certainty and justice, proportionality, and benefits. However, the fact is that demonstrations are often carried out in an anarchic manner. The purpose of this study is to determine the authority of the Bali police in law enforcement against anarchic demonstrations, and to find out the obstacles faced by the Balinese police in dealing with demonstrations. This study uses empirical legal research because of the gap between theory and reality. The results of the research that the authority of the Bali Regional Police in law enforcement against anarchist demonstrations refers to Law/8/1998 and the National Police Chief Regulation No. Pol. 16 of 2006, as well as Protap No. PROTAP/1/X/2010. Barriers to the Bali Police in dealing with anarchic demonstrations are divided into internal inhibiting factors such as knowledge, emotions, and delays in information. The external such as no permission to protest, influenced by alcohol. To the public, to always comply with the laws and regulations in terms of demonstrations.

Peran Pusat Pelaporan dan Analisis Transaksi Keuangan (PPATK) dalam Pencegahan dan Pemberantasan Tindak Pidana Pendanaan Terorisme Ayu Putu Mira Fajarini; I Made Minggu Widyantara; I Nyoman Sutama
Jurnal Konstruksi Hukum Vol. 3 No. 1 (2022): Jurnal Konstruksi Hukum
Publisher : Warmadewa Press

The financing of terrorism is a serious issue that needs to be addressed. In this case, PPATK as the FIU in charge in Indonesia has a role and function to carry out countermeasures for terror financing in accordance with Law no. 8 of 2010 or other regulations. The purposes of this study are to reveal the efforts of the financial transaction reporting and analysis center (PPATK) in preventing and eradicating criminal acts of terrorism financing as well as the obligations of Bank Indonesia in efforts to prevent and eradicate money laundering and terrorism financing. This study uses a normative research method with a statutory approach. The sources of law used are primary and secondary with the technique of collecting legal materials, which is carried out in the library and the data that has been collected is then used qualitative analysis techniques. The results of the study reveal that in an effort to prevent and eradicate criminal acts of terrorism financing, in general PPATK has two efforts, namely juridical and non-juridical. Juridical efforts are efforts to detect money laundering crimes, provide punishment for terrorist actors, implement a follow the money approach, and confirm blocking actions against funds operated. Meanwhile, non-juridical efforts are efforts to release innovations in the form of SIPENDAR and agree to the signing of the MoU on cooperation between the Financial Intelligence Unit (FIU) by Indonesia and Australia. Bank Indonesia has an obligation to submit reports to PPATK in the form of Suspicious Financial Transaction Reports, Cash Financial Transaction Reports, and Financial Transaction Reports of funds that take place abroad.

Perlindungan Hukum terhadap Anak Panti Asuhan yang telah Berusia Dewasa Ida Ayu Prawita Utami Putri; Anak Agung Sagung Laksmi Dewi; I Nyoman Sutama
Jurnal Interpretasi Hukum Vol. 1 No. 2 (2020): Jurnal Interpretasi Hukum
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/juinhum.1.2.2448.122-126

There are a lot of children who are less fortunate to be born without their parents for various reasons. An orphanage is a place where they live by self-taught in order to gain proper knowledge in order to reach maturity. With the existence of the orphanage, the government has helped facilitate all the needs of a child who is not fortunate because independently builds identity and knowledge. An orphanage is a place for children born without parents with the task of raising and providing proper education and accompanying children to adulthood and are able to sort out and choose the way forward. This research was conducted with the aim of describing the legal protection of adult orphanage children. The research method used in this research was a normative legal research method. The results of this study indicated that the orphanage guarantees child protection when the child is in the orphanage environment so that they are released from outside reach even though the child is an adult. Some orphanages make their own rules whereby a child who enters and joins as a foster child or resides in an orphanage gets a family card that is binding like a family card in general, especially if the child does not have parents, either father or mother, and a place to live.

Implementasi Perda Kabupaten Gianyar tentang Retribusi Izin Mendirikan Bangunan terhadap Bangunan Pariwisata di Kabupaten Gianyar Putri Amelia Meirini; Wayan Wesna Astara; I Nyoman Sutama
Jurnal Interpretasi Hukum Vol. 1 No. 2 (2020): Jurnal Interpretasi Hukum
Publisher : Warmadewa Press

Every founder of a tourism building in Gianyar Regency is required to have a Building Permit (IMB) and pay the levies according to the regional government (Bupati) of Gianyar Regency. The government establishes a procedure for the construction of tourism buildings because they are one of the business fields of providing accommodation which is supervised by the Supervisor of the Investment Service and One Stop Integrated Service of the Gianyar Regency area who is appointed by the Regent and employees who are assigned certain tasks in the area of regional retribution according to applicable legal rules. The issues the present examines are the legal arrangement for permits for the construction of tourism buildings in Gianyar regency and the implementation procedures for the Gianyar Regency Regional Regulation Number 14 of 01 concerning Building Permit Retribution, especially for tourism buildings in the district. The type of research used is the empirical research, which requires the researcher to collect data by coming to the research locus which is in the One Stop Investment and Integrated Service Office and the Civil Service Police Unit Office (Satpol PPl) of Gianyar. The results of the study reveal that the permit to construct tourism buildings is granted by the local government through the application process for building a tourism building permit which must follow the principles of prime and affordable service in accordance with Regional Regulation No. 14 of 01. Law enforcement in granting building permits and paying IMB levies in Gianyar Regency is executed out by giving sanctions to legal entities or building owners who violate the applicable regulations.

Kewenangan Pemerintah Provinsi Bali dalam Pengawasan terhadap Pramuwisata yang Tidak Berlisensi Putu Ananda Sari; Ida Ayu Putu Widiati; I Nyoman Sutama
Jurnal Interpretasi Hukum Vol. 1 No. 2 (2020): Jurnal Interpretasi Hukum
Publisher : Warmadewa Press

Control of unlicensed tour guides is the authority of the Bali provincial government through Civil service police Unit (Satpol PP) as a form of oversight of all regional regulations, especially regional guide regulations. SatPol PP is granted the authority to supervise by the government and cooperate with court police and tourism institutions in the law enforcement system. This study discusses the authority of the Bali Provincial Government in supervising unlicensed tour guides and sanctions against unlicensed tour guides. The method used to achieve these goals is the empirical legal research method, which is to conduct field research through interviews and taking notice of the existing phenomena in society related to the problems being studied. The results of the data analysis show that the government is provided the authority by statutory regulations through Law Number 10 of 009 concerning Tourism and Regional Regulation of the Province of Bali Number 5 of 2016 concerning Tour Guides. Supervision is carried out through preventive and repressive measures and is in the law enforcement system. Sanctions are applied to tour guides who are not licensed by imposing sanctions in the form of fines through court proceedings and tour guides who commit violations will be subject to tourism violations in the form of fines. The implementation is carried out through the secrets of the tour guides when carrying out their duties in each tourism area in Bali. Guiding secrets are executed through the control function in each working area.

Pemidanaan Terhadap Pelaku Penangkapan Ikan dengan Penggunaan Bahan Peledak I Wayan Agus Andika; I Made Minggu Widyantara; I Nyoman Sutama
Jurnal Interpretasi Hukum Vol. 2 No. 3 (2021): Jurnal Interpretasi Hukum
Publisher : Warmadewa Press

The fishing that is carried out will have a bad effect on the marine ecosystem, but great benefits can be obtained for the fishermen. Catching fish using explosives is a criminal act in the field of fisheries and such actions may be subject to sanctions as regulated in Law Number 45 of 2009 concerning Fisheries and the Emergency Law on firearms. This study examines legal arrangements regarding the use of explosives in fishing and reveals criminal sanctions against perpetrators of catching fish with the use of explosives. The method used is normative legal research with a statutory approach. The data sources used are primary and secondary data obtained through recording and documentation techniques, then the data is processed by legal interpretation. The results of the study revealed that the legal rules regarding fishing carried out using a hazardous material or explosives have been regulated in Law Number 45 of 2009 concerning Fisheries and the Emergency Law concerning explosives and firearms. Criminal sanctions that can be applied to perpetrators are regulated in Article 84 paragraph (1) to paragraph (4) of Law Number 45 of 2009 concerning Fisheries.

Sanksi Pidana terhadap Pelaku Perburuan Gading Gajah di Indonesia Made Dwi Mahayuni Dharmayanti; Anak Agung Sagung Laksmi Dewi; I Nyoman Sutama
Jurnal Interpretasi Hukum Vol. 3 No. 1 (2022): Jurnal Interpretasi Hukum
Publisher : Warmadewa Press

Humans as social beings have different behaviors, traits and attitudes from one another. Humans do various ways to meet their needs, one of which is hunting. Hunting for elephant tusks is one of the causes of the decline in the elephant population. Thus, criminal sanctions against the perpetrators are one of the things that need to be considered to keep the elephant population from becoming extinct. This research aims to reveal the form of criminal sanctions against perpetrators of poaching elephant ivory in Indonesia. The method used is a normative legal research method with an approach to legal norms in accordance with the applicable laws and regulations. Sources of data used in the form of primary, secondary and tertiary data. Data were analyzed by descriptive method. The analyzed data reveals that the legal regulation regarding the prohibition of hunting for elephant ivory in Indonesia is contained in Article 21 paragraph (2) of Law Number 5 of 1990 and Article 17 jo. Article 20 of Government Regulation Number 13 of 1994. Criminal sanctions against perpetrators of poaching elephant ivory are regulated in Article 40 of Law Number 5 of 1990. Law enforcers are expected to provide the fairest sanctions and can provide a deterrent effect to perpetrators so that perpetrators and potential perpetrators do not do the same thing.

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