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All Journal Sociological Jurisprudence Journal KERTHA WICAKSANA WICAKSANA: Jurnal Lingkungan dan Pembangunan Randwick International of Social Science Journal Jurnal Konstruksi Hukum Jurnal Interpretasi Hukum Jurnal Preferensi Hukum (JPH) Law Doctoral Community Service Journal

Diah Gayatri Sudibya

Universitas Warmadewa

Author-ID : 3409659

Agriculture, Biological Sciences & Forestry Humanities Civil Engineering, Building, Construction & Architecture Law, Crime, Criminology & Criminal Justice Social Sciences

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Tinjauan Yuridis terhadap Dampak Eksploitasi Perdagangan Anak dengan Modus Perkawinan Anak Agung Ngurah Bagus Arya Bhaskara; I Nyoman Gede Sugiartha; Diah Gayatri Sudibya
Jurnal Konstruksi Hukum Vol. 2 No. 1 (2021): Jurnal Konstruksi Hukum
Publisher : Warmadewa Press

The main causes of sexual crimes are economic factors and a lack of formal education, which triggers the crime of sexual exploitation of child trafficking with the marriage mode, which usually targets mostly children or women. This study aims to determine the impact of the exploitation of child trafficking by means of marriage as seen from the aspects of the Law on Trafficking in Persons and to find out the sanctions against perpetrators of child trafficking with the mode of marriage that occur in Indonesia. This research uses the normative legal method. The results of the analysis show that the impact that can be had on children and women victims is the impact on physical and psychological, emotional, spiritual, and disturbed health. Then, sanctions against perpetrators are regulated in Article 297 contained in the Criminal Code and in Law Number 21 of 2007 concerning the Eradication of the Crime of Trafficking in Persons, Law Number 23 of 2002 Concerning Child Protection and also Law Number 13 concerning Manpower.

Efektivitas Peraturan Daerah Kabupaten Klungkung No.7 Tahun 2014 tentang Pengelolaan Sampah I Kadek Wisnu Dwipayana Ariska; I Ketut Sukadana; Diah Gayatri Sudibya
Jurnal Konstruksi Hukum Vol. 2 No. 1 (2021): Jurnal Konstruksi Hukum
Publisher : Warmadewa Press

One of the cities in Bali Province, Klungkung Regency; is one of the districts in Bali which is very developed in the arts and small industry, but has a problem, namely waste. This study aims to analyze the implementation process and analyze the actions of the local government regulations of Klungkung Regency No. 7/2014 on the people of Klungkung Regency. The research method used is empirical research. In carrying out this research, researchers went directly to the field and directly examined what was happening in the real field. The results showed that the government, which has full authority on waste management, must protect the community so that it can be managed properly and properly, not littering. Through this research, it is hoped that the Klungkung Regency Government will increase community participation in proper and correct waste management.

Sanksi Pidana terhadap Pelaku Tindak Pidana Informasi dan Transaksi Elektronik Komang Gede Dicki Saputra; I Made Sepud; Diah Gayatri Sudibya
Jurnal Konstruksi Hukum Vol. 2 No. 1 (2021): Jurnal Konstruksi Hukum
Publisher : Warmadewa Press

The internet is one of the electronic media in the field of information and communication that is able to connect people around the world, so that the world feels increasingly narrow and borderless because of the ease in establishing communication. Indonesia is currently experiencing a serious problem, namely that the people are no longer obedient to the law, even some of them are blind about the law not because they do not understand the law. Therefore it is important to socialize to the community. This study aims to explain criminal acts against the treatment of broadcasting information through social media as well as a solution to avoiding unfair treatment through social media. This research is designed to use normative legal research, which is looking for and sorting information obtained in the library without deviating from the issues discussed and the current positive law. The approach used is the statutory approach. Sources of research data are primary and secondary data. The results of the research show that the actions of a person who deliberately defames someone's name, whether it is done intentionally or not in public or on social media, can be sentenced to prison and compensation for the actions he has committed which the two Governments as guarantor of defamation victims do not remain silent other than Providing dependents to the victim also provides compensation in kind in the form of rules that prohibit someone from damaging the good name of Article 37 Paragraph (3) of the ITE Law as a solution for the government to reduce criminal acts of defamation and is a reference for judges in deciding matters related to defamation that's happening on social media.

Perlindungan Hukum Terhadap Pemegang Hak Cipta Terkait Kegiatan Streaming Dan Download Film Bajakan Melalui Website Ilegal Anak Agung Gde Chandra Wiratama; I Nyoman Putu Budiartha; Diah Gayatri Sudibya
Jurnal Konstruksi Hukum Vol. 3 No. 2 (2022): Jurnal Konstruksi Hukum
Publisher : Warmadewa Press

Currently, there are many pirated films that are circulated in Indonesia, which use the internet to provide illegal websites that can be freely accessed by the public, regardless of the rights of the creator of the film being harmed. Unscrupulous website makers/providers of pirated films sometimes cheat by changing their names or website domains to deceive those who enforce the law in implementing their duties. The purpose of this research is to find out the consequences of the laws that arise for streaming and downloading pirated films through illegal websites. This research is a normative legal research using a statute approach and a case approach. Sources of data used in the form of primary data and secondary data. Data were analyzed using qualitative methods. Based on the data that has been analyzed, it shows that the form of legal protection for moral rights and economic rights of those who hold film copyrights for illegal downloading and broadcasting activities by other parties seen from the form of preventive protection with the 2014 UUHC made by the government can be interpreted as a form of protection. preventive measures to prevent violations of the rights of film creators and forms of repressive legal protection such as firm actions in the form of closing/blocking illegal websites and civil lawsuits by way of compensation, it can also be criminal prosecution depending on the active role of the creator or copyright holder of the film work.

Kewenangan Pengelolaan Keuangan Lembaga Perkreditan Desa (LPD) Setelah Berlakunya Peraturan Daerah Nomor 29 Tahun 2013 Made Ipunk Dwi Kusuma; Nyoman Putu Budiartha; Diah Gayatri Sudibya
Jurnal Interpretasi Hukum Vol. 2 No. 1 (2021): Jurnal Interpretasi Hukum
Publisher : Warmadewa Press

The purpose of this research is to explain the authority of LPD financial management in Badung Regency, after the enactment of the Badung Regency Regulation No. 29/2013 and to find out the direction of the utilization of LPD coaching funds in Badung Regency. This research used normative legal research, with a statutory approach that specifically regulates the financial management authority of the LPD after the enactment of the Badung Regency Regulation number 29 of 2013. The data sources used were primary and secondary legal materials. The data were analyzed using descriptive qualitative method, namely the presentation by describing in detail certain aspects related to the problem being researched. The results showed that the authority to regulate the implementation of village credit institution activities in Badung Regency is still handled by the Provincial government because so far the Province has never handed over or delegated this authority to Badung Regency. Second, the utilization of village credit institution development funds is to provide guidance to LPDs in Bali and to improve the performance and quality of LPD management human resources.

Hak Waris Laki-Laki Perkawinan Nyeburin dalam Hukum Adat Bali di Desa Adat Sawan Kabupaten Gianyar Ni Kadek Ratna Dewi; I Made Suwitra; Diah Gayatri Sudibya
Jurnal Interpretasi Hukum Vol. 2 No. 1 (2021): Jurnal Interpretasi Hukum
Publisher : Warmadewa Press

The kinship system that adheres to the Patrilineal system or better known to adhere to the male lineage system or in Balinese terms is commonly known as following the purus. Purusa will later become an heir and will inherit all the rights and obligations of his parents towards God. A Nyeburin marriage is the opposite if the wife has the status and position as purusa and the man has the status and position as pradana. This study aims to analyze the model of inheritance for boys who marry in Sawan Village, Gianyar Regency and explain the ownership rights to inheritance given by men in nyeburin marriages in Sawan Traditional Village, Gianyar Regency. The method used was empirical legal research, with a statutory and conceptual approach. Sources of data used were primary and secondary legal data. The results showed that the model of giving inheritance for boys who married in Sawan Village, Gianyar Regency was given a kind of gift in the form of dry land which was given to men who were willing to be son-in-law and to marry in order to give the property when the man -the man who agrees and agrees to do the marriage intercourse, then the land becomes the man's full right.

Perubahan Status Jenis Kelamin dalam Perspektif Hukum Positif di Indonesia I Nyoman Satria Perwira; Ida Ayu Putu Widiati; Diah Gayatri Sudibya
Jurnal Interpretasi Hukum Vol. 2 No. 1 (2021): Jurnal Interpretasi Hukum
Publisher : Warmadewa Press

Sexual abnormalities are caused by abnormalities in a person's hormones. Transsexuals have the desire to change their sex by means of surgery, which can be done in accordance with applicable procedures. Until now, Indonesia does not have a legal regulation regarding changing the sex status of a transgender person who performs sex surgery, because there are no rules on changing gender status, it creates a vacuum of norms and causes people to still underestimate a transgender person. Change of gender status can be made by submitting the application to the District Court. This study aims to explain the procedure for sex change in Indonesia and the legality of sex change from a positive legal perspective in Indonesia. This research used normative research and a conceptual approach. The sources of legal materials used were primary, secondary, and tertiary legal materials. Data obtained through documentation and recording techniques then analyzed systematically. The results showed that the change in gender status in Indonesia has several stages such as undergoing counseling, psychiatric examinations, andrology examinations, physical examinations, psychoreligious counseling, and others of an administrative nature. Not everyone can perform genital surgery, there are several conditions that must be met to get legality or legal certainty that a transgender person can file it in a local district court, this is done to get legal recognition.

Pertanggungjawaban Pidana terhadap Bidan yang Membantu Menangani Abortus Provocatus Secara Ilegal I Putu Wahyu Putra Suryawan; I Nyoman Gede Sugiartha; Diah Gayatri Sudibya
Jurnal Interpretasi Hukum Vol. 2 No. 1 (2021): Jurnal Interpretasi Hukum
Publisher : Warmadewa Press

Provocatal abortion is the result of expulsion of conception before its time less than 20 weeks which is done deliberately by using drugs or medical devices. Currently, provocatus abortion is rife with adolescents who are involved in promiscuity and adult women who are married. In carrying out the act of abortion provocatus, some are done by themselves using drugs, traditional ingredients or massage, and some are assisted by medical doctors and midwives. that is done illegally. This study aims to determine the legal arrangements governing the act of legally abortion provocatus, and to determine the criminal responsibility of midwives who help treat provocatus abortion legally. This research uses a type of normative legal research, by examining the 1945 Constitution of the Republic of Indonesia, Law No. 36 of 2009 and the Criminal Code as a basis for knowing criminal liability to midwives who help deal with illegal abortion provocatus. The results of this study indicate that the legal arrangements regarding provocatus abortion are legally regulated in Article 75 paragraph (2) of the Health Law, which states that the prohibition on abortion can be lifted if it is carried out on a pregnant woman whose womb experiences symptoms of a medical emergency that endangers her life / fetus being conceived is suffering from genetic diseases or congenital defects that do not allow it to be cured so that it has the potential to make it difficult for the baby to lead a normal life. Then, the criminal liability for a midwife who helps handle provocatus abortion illegally has different sanctions from the criminal responsibility of the main perpetrator (doctor).

Sanksi Pidana oleh Tindak Pidana Mengedarkan Simpanan Farmasi Kosmetika Tanpa Izin Edar (Studi Kasus Putusan Pengadilan Negeri Denpasar No. Perkara 491/Pid.Sus/2018/PN DPS) Rafael Aza Pramesuari; I Nyoman Sujana; Diah Gayatri Sudibya
Jurnal Interpretasi Hukum Vol. 2 No. 1 (2021): Jurnal Interpretasi Hukum
Publisher : Warmadewa Press

This study aims to identify and explain criminal sanctions for cosmetic producers or sellers who do not have this distribution license. The type of research used is normative legal research by analysing cases using the Denpasar District Court Decision Case Number 491/Pid.Sus /2018/ PN DPS. This study uses a statutory approach by examining all laws related to this case, conceptually by combining the opinions of experts so that it becomes the author's legal argument, and the case approach is by using a court decision. The results of the study show that there must be elements that indicate that a person has committed a criminal act, and in this writing there are 3 (three) elements that explain that the defendant committed a criminal act. Imposition by the criminal sanction of distributing cosmetic pharmaceutical deposits that do not obtain a distribution permit as regulated in Law Number 36 of 2009 concerning health is regulated in articles 197-201. In this case, the Panel of Judges considered Article 197, namely a maximum imprisonment of 10 (ten) years and a maximum fine of 1,000,000,000 (one billion rupiah). However, the defendant here does not need to undergo the sentence unless later there is another order from the Judge's decision that he has been guilty of committing a criminal act during the probation period has not ended.

Perlindungan Hukum Terhadap Anak Sebagai Perantara Narkotika (Study Putusan No.14/Pid.Sus Anak.2015/PN.Dps) Rezky Ayu Saraswati; I Nyoman Sujana; Diah Gayatri Sudibya
Jurnal Interpretasi Hukum Vol. 2 No. 1 (2021): Jurnal Interpretasi Hukum
Publisher : Warmadewa Press

The rise of drug trafficking involving children as narcotics couriers is a problem that needs serious attention from both the government, law enforcement and the community. Children who commit crimes must continue to obtain legal protection in the best interests of the child. Child protection is contained in Law number 11 of 2012 concerning the juvenile justice system, where at the moment children can become narcotics abuse even as narcotics brokers with the rampant abuse of narcotics for all circles both in Indonesia and in the international world. The formulation of the problem raised is how is the basis for judges' consideration in imposing criminal sanctions on children as intermediaries for narcotics? And what is the legal protection of children as an intermediary for narcotics? The problems to be discussed will be examined based on normative perspectives and the legislative approach to the decisions of the Denpasar District Court No. 14 / Pid.Sus Anak / 2015 / PN. Dps, that the judge considers that the accused child has committed narcotics crimes by being charged Law number 35 of 2009 concerning narcotics, which can be sentenced to a minimum of 5 years and a maximum of 20 years and can be subject to fines. Legal protection for children is carried out by judges by imposing criminal training on employment in a generation of Indonesian foundations, solely so that children can carry out their activities as usual when they return to the community and do not disturb their psychic rights and can increase their skills in children. The child does not return to committing a crime.

Co-Authors Anak Agung Gde Chandra Wiratama Anak Agung Krisna Kumala Dewi Anak Agung Ngurah Bagus Arya Bhaskara Anak Agung Sagung Laksmi Dewi Arini, Desak Gde Dwi Dessy Lina Oktaviani Suendra Dewa Ayu Dwi Diah Novita Dewi Gaviota Adrian Yohan I Gusti Ayu Intan Chandra Dewi I Gusti Ketut Sri Astiti I Kadek Dwipyana I Kadek Wisnu Dwipayana Ariska I Ketut Sukadana I Ketut Sukadana I Made Agus Widiana I Made Darma Temaja I Made Sepud I Made Suwitra I Made Suwitra, I Made I Made Yasa Wahyuda I Nengah Sunaradana I Nyoman Gede Sugiartha I Nyoman Satria Perwira I Nyoman Sujana I Nyoman Sukandia I Putu Wahyu Putra Suryawan I Wayan Arthanaya I Wayan Rideng I Wayan Subawa Ida Ayu Putu Widiati Karma, Ni Made Sukaryati Komang Angga Pradana Komang Gede Dicki Saputra Made Ipunk Dwi Kusuma Made Yunanta Hendrayana Mulyawati, Kade Richa Ni Gusti Ketut Sri Astiti, Ni Kadek Madya Yani Ni Kadek Putri Juniari Ni Kadek Ratna Dewi Ni Kadek Yuli Adeani Ni Putu Sawitri Nandari Nyoman Putu Budiartha Putu Budiartha, I Nyoman Putu Diah Premana Putri Rafael Aza Pramesuari Rezky Ayu Saraswati Tia Nur Larasati

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