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Penyelesaian Sengketa Penggelapan Hasil Kebun di Atas Tanah Landerform Ida Bagus Made Murda Soma Widya; I Made Sepud; I Ketut Sukadana
Jurnal Konstruksi Hukum Vol. 2 No. 1 (2021): Jurnal Konstruksi Hukum
Publisher : Warmadewa Press

Embezzlement is an act that is detrimental to the country's economy. Embezzlement activities are carried out on the assumption that making money is faster than having to work by following the rules of the company. Community behavior reflects low moral values. This study aims to analyze the arrangement of and describe the procedures for settling disputes over embezzlement of Landreform land crops. This research uses normative legal research with a statutory approach that is based on law as the basis for research. The data used are sourced from primary and secondary legal materials. The research results show that the applicable law is not so important for some people who have power over a building or land ownership and prefer power over land that should not be private property. As for the regulation of Landreform is a prohibition aimed at all people who want to control land beyond their ability or part of it without permission and notify their intentions in advance to others. Settlement of disputes over embezzlement of land reform land products can be resolved by non-litigation (outside the court) and litigation (in court).

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 Anak yang Menjadi Korban Tindak Pidana Persetubuhan di Bawah Umur Agustinus Yitsak Mannuel Kapitan; I Made Sepud; I Nyoman Sujana
Jurnal Preferensi Hukum Vol. 1 No. 2 (2020): Jurnal Preferensi Hukum
Publisher : Warmadewa Press

Legal protection is a legal effort that must be provided by law enforcement officials to provide a sense of security to the community both body and soul from interference and threats from any party. The protection of children who are victims of moral crimes is regulated in Law Number 23 of 2002 jo and Law Number 35 of 2014 concerning Child Protection. This research was conducted with the aim of describing the legal protection of a child who is the victim of criminal acts of sexual intercourse and the criminal sanctions against the perpetrators of the sexual intercourse crime on a child. This research was conducted using the normative legal research method. Based on the results of the research and discussion, the legal protection for children who are victims of criminal acts of intercourse is regulated in Law No. 35/2014. Children who are victims are given protection in the form of medical assistance, psycho-rehabilitation, the right to restitution, the right to compensation. Criminal sanctions against the perpetrator of the criminal act of child sexual intercourse in decision number 58 / Pid.Sus / 2015 / PN.Tab, the perpetrator was sentenced to 7 (seven) years in prison and a fine of 150,000,000.00. Seeing the perpetrator's actions were very cruel, robbing other people's honor, namely his own daughter, the punishment that should be given to the perpetrator is the maximum punishment. If the fine cannot be paid, the defendant's sentence will be increased to 6 (six) months.

Tindak Pidana Pembunuhan yang Dilakukan oleh Anak Gede Widya Arsana; I Made Sepud; I Nyoman Sujana
Jurnal Preferensi Hukum Vol. 1 No. 2 (2020): Jurnal Preferensi Hukum
Publisher : Warmadewa Press

School students are the future generation who still need guidance; if they are failed to be guided, there will be an upheaval in their inner selves that is delinquency, which may turn into a criminal act, like murder. The backgrounds of problems are formulated as follows: 1). what is the judge's consideration in deciding cases of murder committed by the child? 2) How criminal sanctions are imposed on a child? This research uses normative legal research methods. The results show that the rationale judgment of the judges in imposing punishment to the juvenile was merely based on the action of crime committed by the children. The judges only perform their obligations under the Act that has been established and which they assume the verdict was fair for the society and the family victim. However, the judges failed to assume the negative impact of criminal penalties of 10 (ten) years of imprisonment sentenced to the children. It was clear that the judges tend to apply juridical considerations in decision making process. While they did consider the non-juridical considerations in decision Number 22/Pid.Sus.Anak/2016/PN.Tjk which actually should be based on sociological, psychological, criminological, and philosophical of the juveniles. The researcher suggests that: 1) The judges must consider and reconsider the punishment of 10 years imprisonment which may lead to mental decline in children because they are still relatively; 2) The judges shall reconsider the impact that would occur in children as they are living for 10 years in prison.

Sanksi Pidana terhadap Pelaku Penculikan Anak Ardi Putra Dewa Agung; I Made Sepud; A.A. Sg. Laksmi Dewi
Jurnal Preferensi Hukum Vol. 1 No. 2 (2020): Jurnal Preferensi Hukum
Publisher : Warmadewa Press

Kidnapping is an act committed by someone without the right for the purpose of enabling such person under the powers of the kidnappers. An abductor targets child as a victim. Based on the online news website liputan6.com, Chairman of the National Commission for Child Protection Arist Merdeka Sirait said the Child Abduction case continues to increase from 2014 to 2017. The issues regarding the case to be examined in the present study are: (1) The regulation regarding criminal liability of offenders of child abduction, (2) The criminal sanction and condemnation towards the offenders of child abduction. From the results of an exploration conducted with the normative research method in this study it was found that the criminal liability of the offenders of child abduction is regulated in Article 76F Indonesian Law No. 35 of 2014 concerning the Amendment towards the Law No. 23 of 2002 concerning Child Protection. The kidnapping of a child may be held to criminal liability if the offender has committed an act fulfilling the elements of delinquency. Regarding criminal sanctions and condemnation against child abductors who are proven guilty of legally and convincingly in the eyes of the law of committing the crime of kidnapping of a child can be sentenced in the form of imprisonment and a fine penalty. Criminalization of child abductors depends on the role of the judge who examines and prosecutes the case. Judges are given the freedom to set the type of criminal, criminal conduct, or the high and low criminal.

Hukuman Mati terhadap Narapidana Terorisme dalam Perlindungan Hak Asasi Manusia I Putu Gde Iwan Putra Darmayatna; I Made Sepud; Ni Made Sukaryati Karma
Jurnal Preferensi Hukum Vol. 2 No. 2 (2021): Jurnal Preferensi Hukum
Publisher : Warmadewa Press

Indonesia the death penalty has always been a matter of arguments because isn't based 011 the 1945 Constitution, the death penalty is in highest legal caste as the toughest punishment in the world. In this research, there are two problem formulations, namely how to regulate the death penalty against terrorism in relation to the protection of human rights and how to take legal measures against terrorism convicts to obtain legal relief. This research used the type of normative research, the techniques in the data collection are based on literature study. The results of this research indicate a conflict between the regulation of the death penalty and human rights. The regulation of the death penalty against terrorism in the relation to the protection of human rights has resulted in the emergence of various opinions and debates where the death penalty is considered to violate human rights and some consider this punishment to be applied. The effort by terrorism to obtain Juggleries a legal policy that has a basic idea i11 protecting human rights. Legal efforts to file an appeal, cassation, review to filing clemency request forgiveness from the President of the prisoners to reduce the law.

Sanksi Pidana Terhadap Pelaku Tindak Pidana Santet Rachmad Alif Al Buchori; I Made Sepud; I Made Minggu Widyantara
Jurnal Preferensi Hukum Vol. 2 No. 3 (2021): Jurnal Preferensi Hukum
Publisher : Warmadewa Press

The philosophical background of witchcraft can be classified as a criminal act because witchcraft is recognized and believed to exist in the community, and causes unrest, but cannot be prevented and eradicated through law because of difficulties in proving it. So in this case, criminal sanctions are needed for the perpetrators of witchcraft. The purpose of this study is to analyze the criminal sanctions against the perpetrators of the crime of witchcraft. The method used in this research is normative with a statutory approach. The data sources used are primary, secondary, tertiary data sources obtained from recording and quoting relevant legal materials. The results of the study reveal that accountability for perpetrators of witchcraft is not written or listed in the current Criminal Code (KUHP). But it is different in the Draft Criminal Code (RKUHP), perpetrators of witchcraft can now be made a criminal act even though it does not specifically include the word witchcraft in the RKUHP. The formulation of the crime in Article 293 of the RKUHP is increasingly clear that perpetrators of witchcraft possessing the elements referred to may be subject to a maximum imprisonment of 5 years and a category IV fine.

PENDAFTARAN HAK ATAS TANAH ADAT DI KOTA DENPASAR A A NGR Raka Dani Wiryantha; I Made Suwitra; I Made Sepud
Jurnal Hukum Prasada Vol. 4 No. 2 (2017): Jurnal Hukum Prasada
Publisher : Magister of Law, Post Graduate Program, Universitas Warmadewa

ABSTRACT Legal protection in the registration of indigenous land rights in Denpasar still so unclear in the public and little or not cause problems such as: 1) How does the legal protection in the registration of customary land by BAL, 2) How Implications Conflict in the registration of customary land in Denpasar. This type of research is research of normative law, the approach to legislation, Concepts, Analytical, Case, and Comparative Law, Materials used in the form of primary legal materials, secondary, tertiary, and then analyzed by Technical Interpretation. The study found that the legal protection in the registration of customary land according to the BAL described in Article 3 and Article 4 of the registration of the land on which rang to provide protection and legal certainty, as the enactment of Government Regulation No. 24 of 1997, the order of article 19 of Law land laws. The implications of conflict in the registration of customary land in the city of Denpasar because of their customary land rights of control in an individual or individuals who aims into the land conflicts, which make land registration becomes blocked, land conflicts resolved by the General Court and the Administrative Court. While the land conflict resolution outside the court to do is negotiation, consensus and mediation. Negotiations carried out by way of which the conflicting parties to sit together to find the best way of resolving conflicts with the principle that the settlement was no injured party (win-win), the two sides no one feels aggrieved. Keywords: Legal Protection, Right to Land, the Land Registry, Implications Conflict.

PEMALSUAN DOKUMEN DALAM PENDAFTARAN HAK ATAS TANAH DI DENPASAR I Gede Somonita; I Made Suwitra; I Made Sepud
Jurnal Hukum Prasada Vol. 4 No. 2 (2017): Jurnal Hukum Prasada
Publisher : Magister of Law, Post Graduate Program, Universitas Warmadewa

ABSTRACT Legal documents in the transactional process of land ownership transition are often neglected by parties in the registration of land ownership rights in Denpasar. This thesis discusses 2 matters which consists of the following ones : first, what the criminal responsibility in the document fraud towards the registration of land ownership rights is and secondly concerning what the legal protection for the land certificate holder in the registration of which contains fraudulent documents is. The findings are as follow. First, the criminal responsibility of the document fraud towards the registration of land ownership is the policy of case criminalization of criminal acts in the laws of land as based on criminal law which upholds the concept of being against the material law, in the sense that the criminal act is not only an act being against the written laws alone but also is an act being against unwritten laws. The reason for exception of such an action has to be based on written laws and unwritten laws in order for the legal certainty to be achieved. Second, legal protection for the land certificate holder in the registration process of which has fraudulent documents, the responsibility of the national land agency, who produces the products. In getting the firm legal certainty for certificate products which are issued as evidences of land ownership in Indonesia, it is also required to have legal certainty and legal protection in order to assure ownership of the citizens. Key words: Fraud, Document, Land Ownership Right Registration.

PERTANGGUNGJAWABAN PIDANA TERHADAP PELAKU TINDAK PIDANA KORUPSI DALAM BIDANG PENGADAAN TANAH aan saputra; I Made Sepud; Simon Nahak
Jurnal Hukum Prasada Vol. 4 No. 1 (2017): Jurnal Hukum Prasada
Publisher : Magister of Law, Post Graduate Program, Universitas Warmadewa

State official who commit corruption in the Procurement of land for the development in the public interest resulting state losses, must be responsible for what they have done. How the settlement of the corruption in the procurement of land? and how the responsibility from the perpetrators especially in bali ?. Kind of this research is Normative legal research. The results of this study can be concluded by (1) Completion of responsibility For Corruptors in the Court, (2) Responsibility of the Corruptors in the Procurenet of land in Bali, based on Fautes Personalles Theory, which the losses incured charged to local authorities themselves. Key Words : Crime Responsibility, Corruption, Procurrement of Land

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