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All Journal Sociological Jurisprudence Journal KERTHA WICAKSANA Jurnal Konstruksi Hukum Jurnal Interpretasi Hukum Jurnal Preferensi Hukum (JPH) Postgraduated Community Service Journal Community Services Journal (CSJ)

I Nyoman Sutama

Universitas Warmadewa

Author-ID : 3409662

Law, Crime, Criminology & Criminal Justice Social Sciences Other

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Upaya Kepolisian dalam Penanganan Kasus Tindak Pidana Pembunuhan yang Dilakukan Warga Negara Asing (WNA ) terhadap Warga Negara Indonesia (WNI ) Cokorda Gede Agung Rama Yudha; Anak Agung Sagung Laksmi Dewi; I Nyoman Sutama
Jurnal Konstruksi Hukum Vol. 2 No. 1 (2021): Jurnal Konstruksi Hukum
Publisher : Warmadewa Press

Police efforts in handling cases of murder committed by foreigners against Indonesian citizens based on article 338 of the Indonesian Criminal Code, where the action is an act of eliminating the life of another person, the police have the authority to handle the case as an investigator to maintain security and order in Indonesia. This study aims to analyze the investigation process and find out the settlement of the Criminal Act of Murder by foreigners against Indonesian citizens based on the judicial system in Indonesia reviewed with the Territorial Principle. This study uses the normative legal method. The results of the analysis show that the police have the authority as an investigator in cases of murder committed by foreigners against Indonesian citizens. The investigation process is carried out in accordance with the provisions of the Republic of Indonesia police regulation number 6 of 2019 and also article 6 of the Criminal Procedure Code regarding the provisions of article 2 of the Criminal Code which explains that the regulations in Indonesia apply to all citizens residing in Indonesia and enforcement is carried out against the perpetrators of murder tried in accordance with the judicial system in Indonesia based on the provisions of article 2 of the Criminal Code concerning the principle of territoriality with article 338 of the Criminal Code. Through this research, it is hoped that Indonesian citizens and foreigners will remain subject to the law. Furthermore, the government should pay attention to local residents who occupy Indonesian territory by reinforcing the applicable regulations in Indonesia.

Pengendalian Alih Fungsi Lahan Pertanian Pangan Berkelanjutan Komang Triana Ayunita; Ida Ayu Putu Widiati; I Nyoman Sutama
Jurnal Konstruksi Hukum Vol. 2 No. 1 (2021): Jurnal Konstruksi Hukum
Publisher : Warmadewa Press

Indonesia is a country consisting of several islands with unmatched natural beauty. One of the natural charms of Indonesia is the green area, namely rice fields. A place favored by tourists to capture photos of those who are amazed by the charm of rice fields, but it is increasingly being eroded by the era where rice fields are now changing their function from green areas to factory, housing, shops and supermarkets. It is the desire of every individual who wants to be more successful every day but forgets the importance of green area, so the government sets regulations restricting someone to change the function of rice fields, and sanctions for someone who deliberately violates government regulations. This study aims to explain the regulation of the conversion of land for sustainable food agriculture and explain the government's efforts to control the conversion of land for sustainable food agriculture. This research uses normative legal research which is literature law which refers to the legal norms contained in the legislation with a statutory approach. Data sources are primary and secondary legal data. The results show that government regulations cannot be realized evenly without awareness from the community itself, jointly implementing an orderly attitude of law that allows the government to reorganize green areas, which up to now are still changing functions and to protect the government's green area as well formulate regulations containing the protection and empowerment of farmers in cultivating green areas.

Penyelesaian Sengketa Pajak Penghasilan (PPH) Pasal 21 melalui Pengadilan Pajak Ni Made Ina Sulastini; Ida Ayu Putu Widiati; I Nyoman Sutama
Jurnal Konstruksi Hukum Vol. 2 No. 1 (2021): Jurnal Konstruksi Hukum
Publisher : Warmadewa Press

Taxes are an important element that assists the state in financing government activities in the development sector. The implementation of tax obligations is not uncommon for tax disputes to occur between taxpayers and authorized officials. This study aims to explain the authority of the tax court in resolving tax disputes and to analyze the process of settling income tax disputes article 21 through the tax court. The research used is normative legal research with a statutory approach, namely examining legal principles and case studies or legal literature. The data used are primary and secondary legal data sources. The results show that the authority of the Tax Court is to resolve tax disputes. The Tax Court in the case of Appeal only examines and decides disputes over the objection decision, and in the case of a lawsuit the tax court has the right to examine and decide disputes over the implementation of tax collection. In addition to the duties and powers referred to in article 31, the Tax Court also oversees legal counsel who provides legal assistance to disputing parties in the Tax Court hearings. In the event of an Article 21 Income Tax Dispute, the settlement is carried out with legal remedies. Objection if the taxpayer is not satisfied with the objection decision, the taxpayer can file an appeal to the Tax Court and the taxpayer can also file a lawsuit

Peranan Hasil Laboratorium Forensik Sebagai Bukti Dalam Tindak Pidana Narkotika Di Badan Narkotika Nasional Kabupaten Gianyar I Gusti Ngurah Wira Sanjaya; I Nyoman Gede Sugiartha; I Nyoman Sutama
Jurnal Konstruksi Hukum Vol. 3 No. 2 (2022): Jurnal Konstruksi Hukum
Publisher : Warmadewa Press

The rapid development with sophisticated technology has resulted in narcotics criminals becoming more skilled in drug abuse. The process of proving narcotics must be proven with strong evidence, one of which must refer to the Criminal Procedure Code which is regulated in Article 184 paragraph (1) letter c, namely an authentic letter in determining the judge's belief regarding expert testimony, in this case written statements. This research aims to examine the form of the role of forensic laboratory results as evidence in narcotics crimes at the National Narcotics Agency (BNN) of Gianyar Regency. The research method used in this research is the empirical method. Researchers use legal research methods with a sociological juridical approach. Sources of data used in this research are primary data and secondary data. The data that has been collected was analyzed using qualitative methods. From the data analysis data, this research shows that the results of the forensic laboratory can be used as evidence to strengthen the demands to believe that the judge of a criminal act for the perpetrator has played a very important role in helping investigators find the elements of the crime they committed.

Pengaturan Ruang Terbuka Hijau Berdasarkan Peraturan Daerah Kota Denpasar Nomor 27 Tahun 2011 Ni Putu Feggy Cintya Karna; I Ketut Sukadana; I Nyoman Sutama
Jurnal Interpretasi Hukum Vol. 1 No. 1 (2020): Jurnal Interpretasi Hukum
Publisher : Warmadewa Press

In this era, urban areas have become a problem that is quite difficult to overcome, especially in the matter of utilization of green open space caused by land demand continuing to increase. The problems discussed in this study are the coverage of green open space and the legal consequences of constructing buildings in green open space in the city of Denpasar. The type of the research used in this study is normative legal research with two types of sources of legal materials, primary and secondary. Data collection was carried out using a literature study which was then analyzed qualitatively. The results show that green open spaces in cities belong to the spaces in the form of areas or paths dominated by plants functioning as protection of certain habitats, city facilities, infrastructure safety networks, and/or agricultural cultivation as regulated in Regional Regulation of Denpasar City Number 27 of 2011 concerning the Spatial Planning for the City of Denpasar in 2011-2031. Furthermore, the legal consequences for violations of erecting buildings in green open spaces or controlling spatial use of urban areas are in the form of administrative sanctions for supervision activities which result in obstruction of the implementation of the spatial utilization program, both carried out by the permit recipient and the licensor. Types of administrative sanctions for the community consist of warnings and/or reprimands, temporary suspension of administrative services, temporary suspension of development activities and/or use of space, revocation of permits relating to spatial use, restoration of functions or rehabilitation of spatial functions, demolition of buildings not in accordance with the plan spatial planning, licensing/whitening, and the imposition of fines. There are also other sanctions in the form of imprisonment for a maximum of 6 (six) months or a maximum fine of IDR. 50,000,000.00, - (fifty million rupiah).

Implementasi Peraturan Daerah Kabupaten Badung Nomor 10 Tahun 2017 tentang Kawasan tanpa Rokok pada Tempat Wisata Karinka; I Ketut Sukadana; I Nyoman Sutama
Jurnal Interpretasi Hukum Vol. 1 No. 1 (2020): Jurnal Interpretasi Hukum
Publisher : Warmadewa Press

Smoking belongs to the right of all people, but smoking can interfere with Human Rights because the distribution of cigarette smoke produced by smokers can interfere with the health of people around. In Bali, tourist attractions are one of the non-smoking areas. This is stated in the Regional Regulation of Badung No. 10 of 2017 concerning Non-Smoking Areas. Related to this, the study examines two things, that is, the regulation of No-Smoking Areas in the tourist attractions in Badung Regency and the implementation of the Regional Regulation of Badung No. 10 of 2017 on the tourist attractions. The research method used is empirical legal research that is conducting a direct research followed by analyzing data and presented in qualitative manner. In its regulation, Civil Service Police Unit (Satpol PP) as the enforcer of the regional regulation has conducted supervision on tourist attractions and sanctions given in accordance with the Article 21 Number (10) of 2017 of the Badung Regency Regional Regulation. Its application has been done through socialization to the manager of tourist attractions, but the lack of public knowledge about the non-smoking areas in tourist attractions has been appearing as an inhibiting factor.

Implikasi Penjualan Pakaian Bekas Impor bagi Konsumen di Kota Denpasar Ni Made Indah Krisna Dewi; Ida Ayu Putu Widiati; I Nyoman Sutama
Jurnal Interpretasi Hukum Vol. 1 No. 1 (2020): Jurnal Interpretasi Hukum
Publisher : Warmadewa Press

The sale of imported secondhand clothing is prohibited by the Government because it is in violation and not in accordance with applicable laws and regulations. Regarding import trade, it is regulated in Article 47 paragraph (1) of Law Number 7 of 2014 concerning Trade. The imported secondhand clothing can be categorized as dangerous goods because it circulates freely and without prior checking. Based on the background of the problems that have been described, this research was conducted with the aim of outlining how the arrangements for the implementation of the sale of imported secondhand clothing in the City of Denpasar and how the implications of the sale of imported secondhand clothing for consumers in the City of Denpasar. This study was designed using an empirical research approach, in which this research was conducted according to the real situation in a community or the surrounding environment with the aim of finding facts or legal issues that exist. The results of this study indicated that the regulation of the sale of imported secondhand clothing is regulated in Article 2 of the Regulation of the Minister of Trade of the Republic of Indonesia Number 51/M-DAG/PER/7/2015 concerning Prohibition of Imported Secondhand Clothing, where the secondhand clothing is prohibited from being imported into the territory of the Unitary State Republic of Indonesia because it has an impact on people's health and economy. The implication of the sale of imported secondhand clothing is very detrimental to the community especially in terms of health and economics. The use of imported secondhand clothes can also cause diseases such as itching, tinea versicolor, flu, etc., due to microbial bacteria attached to the secondhand clothes. Therefore, there is a need for socialization regarding these rules to the public and sellers of imported secondhand clothing, as well as enforcement of the rules through Raids against container sheds that distribute imported secondhand clothing to sellers.

Implementasi Penerbitan Akta Kelahiran bagi Anak-Anak Terlantar di Kota Denpasar Anak Agung Sagung Nandya Pramesti; Ida Ayu Putu Widiati; I Nyoman Sutama
Jurnal Interpretasi Hukum Vol. 2 No. 1 (2021): Jurnal Interpretasi Hukum
Publisher : Warmadewa Press

Denpasar City as the capital of Bali Province is currently struggling to overcome the problem of neglected children Data from the Denpasar City Social Service recorded that in 2019 there were 14 orphanages with 470 foster children. The problem raised in this study is to determine legal protection and its impact on neglected children who do not have a birth certificate in Denpasar City For neglected children in Denpasar City to get a birth certificate has a legal basis which is regulated in the applicable laws and regulations in accordance with the provisions governing the birth certificate of neglected children The Department of Population and Civil Registry of Denpasar City has issued birth certificates for all neglected children who are applied for by the orphanage where they live Neglected children who have received a birth certificate will have an impact on their right to identity.

Pertanggungjawaban Pidana terhadap Pencemaran Lingkungan di Indonesia I Komang Agus Edi Suryawan; I Nyoman Gede Sugiartha; I Nyoman Sutama
Jurnal Interpretasi Hukum Vol. 2 No. 1 (2021): Jurnal Interpretasi Hukum
Publisher : Warmadewa Press

The environment as a place to live and at the same time as a storage for waste from human activities. Can return to normal if the waste does not damage the environment. Environmental pollution has a bad impact on society. Research and reports from related institutions noted Indonesia's environmental problems, namely polluted rivers, the quality of the water must be considered because it is widely used by the community. The research method in this writing uses normative legal research, first examining the problem using the basis of statutory law. Discussion of issues regarding legal arrangements for criminal acts of environmental pollution and responsibility for criminal acts of environmental pollution according to criminal law in Indonesia. In this case, the legal provisions for criminal acts of environmental pollution are regulated in Law No.32 of 2009 concerning Environmental Protection and Management. The accountability may be imposed on individuals, corporations and authorized officials.

Sanksi Hukum terhadap Pejabat Negara yang Melanggar Protokol Kesehatan di Masa Pandemi Covid-19 I Kadek Arya Andika; I Nyoman Sugiartha; I Nyoman Sutama
Jurnal Interpretasi Hukum Vol. 2 No. 2 (2021): Jurnal Interpretasi Hukum
Publisher : Warmadewa Press

The corona virus or what is known as Covid-19 is an infectious disease caused by a new type of coronavirus that was discovered at the end of 2019 in the city of Wuhan, China, which has spread throughout the world, has killed hundreds of people and infected tens of thousands of others. Previously, Indonesia was one of the countries that had not been infected, and finally in February the corona virus entered Indonesia. The spread of the corona virus causes panic among Indonesian people. The purpose of this study is to uncover legal sanctions against state officials who violate health protocols during the COVID-19 pandemic. The research method used is a normative legal research method where the reference is based on a conceptual approach to legislation. Sources of materials and laws used are primary and secondary. The data collection technique used is to collect references related to research. Furthermore, the data will be processed and analyzed using legal data processing methods systematically. The results of this study indicate that cases of spread and death rates caused by the corona virus are now increasing quite rapidly, a number of countries have even taken action by prohibiting every citizen from traveling abroad or receiving visits from foreign nationals (lockdown). In order to deal with the unrest experienced by the Indonesian people and efforts to prevent the transmission of the corona virus which is increasingly increasing the number of positive patients, the government issued several regulations or policies, namely Government Regulation of the Republic of Indonesia Number 21 of 2020, concerning Large-Scale Social Restrictions. (PSBB) in the context of accelerating the handling of the 2019 coronavirus disease (covid-19).

Co-Authors Agustinus Bali Mema Anak Agung Sagung Laksmi Dewi Anak Agung Sagung Nandya Pramesti Cokorda Gede Agung Rama Yudha Febriana Samsi Legiman I Gusti Bagus Suryawan I Gusti Ngurah Wira Sanjaya I Kadek Arya Andika I Ketut Sukadana I Komang Agus Edi Suryawan I Made Jaya Senastri I Made Suwitra, I Made I Nyoman Gede Sugiartha I Nyoman Sugiartha I Putu Ari Santika Putra I Wayan Arthana I Wayan Arthanaya I Wayan Arthanaya I Wayan Wahyu Dinata I. A. Wulan Prawesti Ida Ayu Putu Widiati Ida Ayu Putu Widiati Karinka Karma, Ni Made Sukaryati Klaustra Adhi Permana Komang Triana Ayunita Luh Putu Sudini Ni Luh Made Mahendra Wati Ni Made Ina Sulastini Ni Made Indah Krisna Dewi Ni Nyoman Arif Tri Noviyanti Ni Putu Feggy Cintya Karna Putu Budiartha, I Nyoman suryawan, Gusti Bagus Widiati, Ida Ayu Putu

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