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I Nyoman Sutama
Fakultas Hukum Universitas Warmadewa
Law, Crime, Criminology & Criminal Justice Social Sciences Other

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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 : Fakultas Hukum, Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/juinhum.1.1.2183.44-48

Abstract

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 : Fakultas Hukum, Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/juinhum.1.1.2186.55-59

Abstract

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 : Fakultas Hukum, Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/juinhum.1.1.2222.216-221

Abstract

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 : Fakultas Hukum, Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/juinhum.2.1.3077.13-18

Abstract

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 : Fakultas Hukum, Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/juinhum.2.1.3092.59-63

Abstract

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 : Fakultas Hukum, Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/juinhum.2.2.3432.308-314

Abstract

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).
Implementasi Peraturan Bupati Bangli Nomor 29 Tahun 2018 Terhadap Pengelolaan Sampah Rumah Tangga di Desa Penglipuran Kabupaten Bangli Putu Galang Widiantara Ws; Ida Ayu Putu Widiati; I Nyoman Sutama
Jurnal Interpretasi Hukum Vol. 3 No. 3 (2022): Jurnal Interpretasi Hukum
Publisher : Fakultas Hukum, Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/juinhum.3.3.5779.410-416

Abstract

The implementation of Bangli Regent Regulation No. 29 of 2018 on Household Waste Management in Penglipuran Village, Bangli Regency is not optimal, as a result of various rapid changes, in terms of social, economic, political, tourism and cultural life. This study uses empirical research methods, namely by collecting data through observation and interviews to the research location. The results of this study found that the implementation of this Regent's Regulation was very good, but the role of the government was slightly causing the emergence of obstacles that caused the implementation of the Regent's Regulation itself to be less than optimal. However, there are also efforts that have been made by the Bangli Regency Government in the form of internal efforts, namely efforts from the Penglipuran Traditional Village and external efforts, namely efforts originating from outside the Penglipuran Traditional Village.
Kewenangan Penangkapan oleh BNN dan Polri Terhadap Pelaku Tindak Pidana Narkotika di Tinjau dari Perspektif Hak Asasi Manusia (HAM) Ronaldo Ragowino Bira; Anak Agung Sagung Laksmi Dewi; I Nyoman Sutama
Jurnal Interpretasi Hukum Vol. 3 No. 3 (2022): Jurnal Interpretasi Hukum
Publisher : Fakultas Hukum, Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/juinhum.3.3.5788.441-446

Abstract

The eradication of narcotics crime is very necessary so that it involves the police and BNN as stated in the mandate of Law No. 35 of 2009 concerning Narcotics. The method used in this paper is a qualitative legal material management method that uses a normative assessment, which is after the primary and secondary legal materials are collected, the presentation is carried out descriptively and systematically. The authority of BNN investigators and Polri investigators in investigating Narcotics crime has a different legal basis related to the period of arrest of narcotics criminals so that this causes human rights violations regarding the arrest period used by BNN and Polri investigators, resulting in the absence of legal certainty and Equal treatment before the law. The laws and regulations are expected to provide legal certainty and for BNN and Polri investigators to be more observant in carrying out their duties and responsibilities so as not to harm others and create legal certainty for the entire community.
Pengaruh Sistem Kartel terhadap Stabilitas Persaingan Usaha di Indonesia I Putu Ari Santika Putra; Ni Luh Made Mahendra Wati; I Nyoman Sutama
Jurnal Preferensi Hukum Vol. 1 No. 2 (2020): Jurnal Preferensi Hukum
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

A cartel is an agreement made by a business actor with its competitors to gain excessive profits, which is stated in article 11 of Law No. 5 of 1999 concerning anti-monopoly and unfair business competition in Indonesia, the influence of cartels in business competition can cause unfair competition, damage market stability, and shut down competition in a particular market. The objectives presented in this study are to determine the forms of cartels that usually occur in limiting unfair business competition in Indonesia, and to determine the factors used by KPPU in identifying early indicators of cartel systems. This study uses a normative legal method with rationality which examines the influence of the cartel system on the stability of business competition in Indonesia, which appears to have experienced norm blur. The data source used in solving problems is the statutory approach. Literatures, journals and various related documents. The results of the discussion show that cartels have several types, namely regional cartels, production, prices, conditions, profit sharing, the influence of the cartel system in business competition which has a negative impact which causes unfair business competition, as well as harms various parties ranging from business actors, consumers, to the government. Then, in identifying the occurrence of cartels, there are several factors used by KPPU, namely structural factors consisting of the level of market concentration, number of companies, company size, homogeneity of goods or services, multi-market contacts, supply and production capacity, ownership linkages, ease of entry. specific market share, the character of demand. The next factor is the behavioral factor which is divided into two parts, starting from transparency and information exchange.
Tanggung Jawab Keperdataan dalam Pengangkutan Udara atas Keterlambatan Jadwal Penerbangan Febriana Samsi Legiman; Luh Putu Sudini; I Nyoman Sutama
Jurnal Preferensi Hukum Vol. 1 No. 2 (2020): Jurnal Preferensi Hukum
Publisher : Warmadewa Press

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Abstract

Aviation is a vehicle that is part of transportation that has the ability to move quickly in time, which is able to lift goods and people from one area to another using high capabilities, and requires high safety and security interests in order to help create distribution that is good. steady and smooth. This article aims to find out the civil liability for delays in flights that harming passengers and compensation provided by the carrier to passengers in the event of delay due to default. The type of research used in the writing of this law is normative research. The approach used is the approach of the Act. In practice, airlines are responsible for any losses suffered by passengers in the event of flight delays / delays in the performance of airline duties in accordance with the principle of responsibility based on the element of error. Forms of airline liability against loss suffered by passengers in the event of a flight delays / delay in the implementation of the duties of airlines in the form of burdened return ticket, food and beverage and move passengers to the next flight.
Co-Authors A.A. Sagung Laksmi Dewi Agus Wandayuda Agustinus Bali Mema Anak Agung Sagung Nandya Pramesti Cesaltina Angela Soares Cokorda Gede Agung Rama Yudha Dewi, A.A Sagung Laksmi Febriana Samsi Legiman Gde Deny Larasdiputra Gede Dius Waisnawa Cahyadi Gusti Bagus Windu Sada I Dewa Agung Gede Mahardika Martha I Gusti Ngurah Wira Sanjaya I Kadek Arya Andika I Ketut Adnyana I Ketut Sukadana I Komang Agus Edi Suryawan I Komang Pande Rayana I Made Arif Dwi Cahyadi I Made Suwitra, I Made I Made Widagda Dharma Putra I Made Yudi Artana I Nyoman Gede Sugiartha I Nyoman Gede Sugiartha I Nyoman Gede Sugiartha I Nyoman Putu Budiartha I Nyoman Putu Budiartha I Nyoman Putu Budiartha I Nyoman Subamia I Nyoman Sugiartha I Nyoman Sukandia I Nyoman Sumardika I Putu Ari Santika Putra I Putu Bagus Rizaldi Pramana I Wayan Arthana I Wayan Arthanaya I Wayan Arthanaya I Wayan Wahyu Dinata I. A. Wulan Prawesti Ida Ayu Putu Widiati Ida Bagus Ananta Kusuma Karinka Karma, Ni Made Sukaryati Ketut Kasta Arya Wijaya 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 Nyoman Arif Tri Noviyanti Ni Putu Eka Noviyanti Ni Putu Elisa Pebriyanti Putri Ni Putu Feggy Cintya Karna Putu Budiartha, I Nyoman Putu Galang Widiantara Ws Ronaldo Ragowino Bira Senastri, Ni Made Jaya suryawan, Gusti Bagus Widiati, Ida Ayu Putu