Articles
Pemberdayaan Paralegal dalam Mencegah Kekerasan terhadap Perempuan di Desa Tuwed Kecamatan Melaya Kabupaten Jembrana
Ni Kadek Candra Dewi;
I Nyoman Gede Sugiartha;
I Made Minggu Widyantara
Jurnal Interpretasi Hukum Vol. 3 No. 1 (2022): Jurnal Interpretasi Hukum
Publisher : Warmadewa Press
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Violence against women is very common in Indonesia, especially in the Bali area which is famous for upholding patrilineal lineages which assume that a patriarchal culture is where men are above women in terms of position. This happens due to a lack of knowledge about the law, especially for the poor and marginalized. After the birth of paralegals as an implementation of Law Number 16 of 2011 concerning Legal Aid, it is very interesting to study its relation to violence against women. Thus, the purpose of this study is to analyze paralegals in preventing cases of violence against women in Tuwed Village and discuss the effectiveness of paralegals in preventing violence against women in Tuwed Village. This research uses empirical methods with a case study approach. This research uses primary data sources, namely face-to-face interviews with informants, and secondary data sources using complementary sources of legislation in the study of literature. The researcher in collecting data uses a literature review method to collect primary data, and conducts field research (interviews and questionnaires). Paralegal arrangements in preventing violence against women have been regulated in the Legal Aid Law Number 16 of 2011 concerning Legal Aid. The results of this research indicate that the role of paralegals in preventing violence against women in Tuwed Village has not been effective, due to the lack of counseling and socialization about paralegals and violence against women to the people of Tuwed Village
Akibat Hukum bagi Anak yang Lahir dari Perkawinan Keris (Studi Kasus di Desa Baturiti, Banjar Tengah)
Ni Kadek Febriana;
I Nyoman Gede Sugiartha;
I Nyoman Subamia
Jurnal Interpretasi Hukum Vol. 3 No. 1 (2022): Jurnal Interpretasi Hukum
Publisher : Warmadewa Press
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Marriage is generally carried out between a woman and a man, but in fact there is a marriage procession carried out between a woman and a keris which is often called a keris marriage. Thus, this has legal consequences for the child who is born. So, the purpose of this study is to discuss the factors that influence the bride to choose a keris marriage and the legal consequences for children born from a keris marriage. This research method uses empirical research methods using a sociological approach to law by examining the issues raised based on facts supported by a juridical approach in relation to the problems discussed. The primary data sources are: Data in the form of observations and interviews with residents in the Baturiti Traditional Village. While secondary data sources are: Data obtained by conducting library research available from reviewing legal literature, official documents, laws and other data related to theoretical problems as a legal basis. Research results include: the factor of the bride choosing a keris marriage in Baturiti Village, Central Banjar because the woman has the status of a sentana rajeg, the man is reluctant to take responsibility, the woman is already pregnant, avoiding the birth of a bebinjat child. The legal consequences for children born from kris marriages by KK registration and birth certificates have a civil relationship with their mother only, by inheritance the child has the right if he has no more relatives and at the decision of his mother. If the child is adopted by his grandfather (squeezing) then the status of the child becomes the child of his grandfather
Perlindungan Hukum terhadap Tenaga Kerja pada Usaha Dagang (UD) Sari Yasa di Denpasar
Dewa Ayu Warta Meilaningsih;
I Nyoman Gede Sugiartha;
Ni Made Puspasutari Ujianti
Jurnal Interpretasi Hukum Vol. 3 No. 1 (2022): Jurnal Interpretasi Hukum
Publisher : Warmadewa Press
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DOI: 10.22225/juinhum.3.1.4739.169-175
Business Trading (UD) is a business entity that is run independently by one person only and does not require a partner in doing business. Sari Yasa Trading Company or Trading Company (UD) located in Denpasar. Such as employees or workers who are dishonest and even commit acts against the law in helping carry out business activities and the legal protection provided by a company to its employees or workers considering that the Trading Company or Trading Business (UD) has not been explicitly regulated in the laws and regulations. This study aims to reveal the form of legal protection for workers at the Sari Yasa Trading Business (UD) in Denpasar. The type of research used in this research is empirical legal research with a sociology of law approach that studies the reciprocal relationship between law and other social phenomena. The source of data in this study is primary data and secondary data. The data in this study were processed using qualitative analysis, where the data obtained were presented in a descriptive analysis. The results of this study indicate that because the Trading Company (UD) is not a legal entity, it is therefore full of civil and criminal responsibility for the company's employees. The form of legal protection is to make a work agreement in which the substance has been adjusted to the applicable laws and regulations.
Sanksi Pidana Terhadap Tenaga Medis yang Memaksa Memberlakukannya Vaksin Covid-19 bagi Masyarakat yang Memiliki Riwayat Penyakit
Dendy Martono Prabowo;
I Nyoman Gede Sugiartha;
Ida Ayu Putu Widiati
Jurnal Interpretasi Hukum Vol. 3 No. 1 (2022): Jurnal Interpretasi Hukum
Publisher : Warmadewa Press
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DOI: 10.22225/juinhum.3.1.4746.204-209
he outbreak of the 2019 Coronavirus Disease that entered Indonesia which can be overcome by giving vaccines to the Indonesian people who meet the criteria according to the applicable law. However, the government requires the vaccination to be applied to all Indonesian citizens, even those with a history of disease, the government should guarantee the rights of everyone with the consent and without the slightest coercion in the voluntary vaccination process. This study aims to reveal criminal sanctions against medical personnel who force the implementation of the COVID-19 vaccine for people who have a history of illness. This study uses a normative juridical method by using a statutory problem approach. The sources of legal materials used are primary legal sources and secondary legal sources. The collected legal materials were analyzed systematically with descriptive presentation. Based on the results of the existing analysis, this study reveals that medical personnel who provide vaccines to people who have a history of illness can be said to have committed serious negligence which resulted in the recipient of the Health Service being seriously injured, the punishment for the maximum 3 (three) years in prison, even if it causes death, will be sentenced to 5 years. (five) years in accordance with the provisions of the Law of the Republic of Indonesia Number 36 of 2014 concerning Health Worker.
Peran Masyarakat dalam Upaya Pelestarian Hutan Taman Nasional Bali Barat di Desa Eka Sari
Ni Putu Eka Dharma Yanti;
I Nyoman Gede Sugiartha;
Luh Putu Suryani
Jurnal Interpretasi Hukum Vol. 3 No. 2 (2022): Jurnal Interpretasi Hukum
Publisher : Warmadewa Press
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DOI: 10.22225/juinhum.3.2.5066.287-291
The role of the community in the management of the West Bali National Park Conservation area is to actively involve the community in the management of the Conservation area. Ekasari Village is one of the supporting villages for the West Bali National Park Center. This research examines two things: The role of the community in preserving the forests of the West Bali National Park in Ekasari Village and the Application of Legal Sanctions If People Do Violations. The purpose of this research was to determine the role of the community in forest conservation. This research is an empirical research writing and a sociological approach, the legal materials are sourced from primary legal materials with descriptive data analysis. The results showed that the role of the people of Ekasari Village played an active role in the preservation of the West Bali National Park. If members of the Ekasari Village community commit a violation, they will be subject to sanctions according to what is stipulated in the customary village awig-awig. In addition, sanctions are imposed on Law No. 5 of 1990 Violation of the above provisions can be subject to criminal penalties
Visum Et Repertum Sebagai Alat Bukti dalam Menentukan Tuntutan Pidana terhadap Kasus Penganiayaan Berat
Ni Putu P Novi Widiantari;
I Nyoman Gede Sugiartha;
Ni Made Sukaryati Karma
Jurnal Interpretasi Hukum Vol. 3 No. 2 (2022): Jurnal Interpretasi Hukum
Publisher : Warmadewa Press
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DOI: 10.22225/juinhum.3.2.5067.292-297
In Indonesian law, there is one piece of evidence called Visum et Repertum. The evidence is in the form of a statement from an expert in Judicial Medicine or Forensic Medicine obtained from the examination of the victim's body. The purpose of this study was to analyze the form of the Visum et Repertum equation as a valid evidence in the crime of serious maltreatment and to examine the strength of the proof of the post-mortem as evidence in determining the prosecution for cases of severe maltreatment. Visum et Repertum is one of the most important pieces of evidence in cases of severe abuse because it can assist judges in making decisions. This study uses a normative legal method which uses a statutory, conceptual, and deductive-inductive logical reasoning approach. The sources of the legal materials for this study are primary legal materials which contain the Criminal Code, the Criminal Procedure Code, the Law on the Principal Powers of Judges, the Law on the Indonesian Attorney General's Office, and the Law on the Indonesian National Police. Secondary legal materials consisting of: print and electronic literacy relevant to this . Data collection techniques used: library techniques and note-taking techniques, the data was collected then analyzed systematically through arguments formed from legal logic. This finds that Visum et Repertum is not explained directly in the Criminal Procedure Code, but the evidence from the examination relating to the body or life is considered valid and can be a consideration for judges in deciding a case with valid evidence.
Tindak Pidana terhadap Pelaku Penanaman Pohon Ganja Secara Ilegal Berdasarkan Putusan Pengadilan Negeri Sanggau Nomor 111/Pid.Sus/2017/Pn.Sag
Gaviota Adrian Yohan;
I Nyoman Gede Sugiartha;
Diah Gayatri Sudibya
Jurnal Interpretasi Hukum Vol. 3 No. 2 (2022): Jurnal Interpretasi Hukum
Publisher : Warmadewa Press
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DOI: 10.22225/juinhum.3.2.5072.309-314
Narcotics are substances or drugs derived from a plant, either synthetic or semi-synthetic, which can cause a decrease or change in consciousness, relieve pain, and even cause dependence, one of which is marijuana. Cannabis is prohibited from being used for the benefit of health services. The purpose of this research was to analyze the regulation of criminal acts for perpetrators of illegally planting marijuana trees and to discuss the considerations of the panel of judges against perpetrators of illegally planting marijuana trees for medicinal purposes. The normative method is used in conducting this research, which uses the Legislative approach, and the conceptual approach. Sources of legal materials consist of primary and secondary sources. Data collection techniques using library techniques and note-taking techniques. The results of the research indicate that someone planting marijuana trees without rights is an unlawful act and the act of planting marijuana exceeds five trees, the perpetrators are charged with Article 111 paragraphs (1) and (2) of the Narcotics Law and the judge's consideration in deciding cases based on article 116 paragraph (1) of the Narcotics Law.
Peranan Kepolisian dalam Menangani Aksi Premanisme di Wilayah Hukum Polda Bali
I Komang Arya Kusumantara;
I Nyoman Gede Sugiartha;
Luh Putu Sudini
Jurnal Interpretasi Hukum Vol. 3 No. 2 (2022): Jurnal Interpretasi Hukum
Publisher : Warmadewa Press
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DOI: 10.22225/juinhum.3.2.5074.322-327
With the increasing number of residents also the number of evictions participated increased. This is also driven by the increasing population experiencing poverty, therefore encouraging people to commit crimes such as the many acts of thuggery. The focus of the research is to discuss the role of the police in dealing with thuggery acts in the Bali Police area and analyze the factors that cause thuggery acts in the Bali Police area. The method used in this research is the empirical legal method using a sociological approach. The research was carried out by taking data in the field as the main source of material, and books and journals as a secondary source. Data collection techniques using Observation Techniques in obtaining the data. Then, the results of the research explain that the role of the police in dealing with acts of thuggery in the Bali Regional Police is carried out using two efforts, namely preventive efforts including surveillance, patrolling, coaching and counseling. Repressive efforts include investigations, conducting raids in a structured manner. The factors that cause thuggery in the area protected by the Bali Police are caused by two factors, namely internal factors including thinking maturity and psychological pressure as well as internal factors.
Tindak Pidana Plagiarisme terhadap Novel Elektronik pada Aplikasi Wattpad
Ni Wayan Nita Dewi;
I Nyoman Gede Sugiartha;
I Wayan Arthanaya
Jurnal Interpretasi Hukum Vol. 3 No. 2 (2022): Jurnal Interpretasi Hukum
Publisher : Warmadewa Press
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DOI: 10.22225/juinhum.3.2.5075.328-331
Plagiarism is taking a work, statement, and so on from someone else and making it like their own work and statement. The perpetrators of plagiarism are called plagiarists because there are many ordinary people who violate other people's copyrighted works on the Wattpad digital application. Publishing literary works by the general public and making them easier to read in the application does not rule out copyright infringement. The purpose of this research is to analyze the legal arrangements for the crime of plagiarism and what are the legal protections for victims whose electronic novels are plagiarized on the Wattpad application. The sources of legal materials for this research consist of primary, secondary and tertiary materials. Primary materials are sourced from laws and regulations which are the basis for analyzing problems. Then secondary legal materials come from legal books and journals that support primary sources. While tertiary materials are sourced from other reading materials on the website. Data collection techniques used are library techniques, identifying, and analyzing materials. The result shows that plagiarism can be a criminal act for stealing other people's copyrights. In Indonesia, copyright issues are regulated in the Copyright Law, Number 28 of 2014. Copyright law includes provisions of criminal law that can be sanctioned to anyone who violates the rights copyright for other people's creations.