Articles
Analisis Tentang Pencemaran Nama Baik dan Penyalahgunaan Hak Kebebasan Berpendapat di Media Sosial
I Made Vidi Jayananda;
I Nyoman Gede Sugiartha;
Made Minggu Widiantara
Jurnal Analogi Hukum Vol. 3 No. 2 (2021): Jurnal Analogi Hukum
Publisher : Fakultas Hukum Universitas Warmadewa
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DOI: 10.22225/ah.3.2.2021.261-265
Freedom of opinion, especially in social media, is currently widely misinterpreted and abused by the community, because in the use of the right to freedom of opinion, the community has taken many actions which fall into insult, accusations without evidence and commit defamation which cause harm to certain individuals. The problems in this research are How are criminal law regulations and violations of the abuse of the right to freedom of expression in social media and how criminal sanctions against criminal acts of defamation are under the guise of freedom of opinion. The research method used is normative legal research. Source of primary and secondary legal materials. This research concludes that freedom of opinion is not absolute freedom, but in opinion must be in accordance with ethics and norms in society and in accordance with legal regulations without harming any party.
Pengaturan Hukum Pidana Pelaku Penggelapan Jual Beli Online
I Gusti Ngurah Agung Bagus Bima Putra;
I Nyoman Gede Sugiartha;
Anak Agung Sagung Laksmi Dewi
Jurnal Analogi Hukum Vol. 3 No. 3 (2021): Jurnal Analogi Hukum
Publisher : Fakultas Hukum Universitas Warmadewa
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DOI: 10.22225/ah.3.3.2021.322-327
Today in the world of electronic transactions many are found deviant actions, and not based on existing legal norms, most of which occur in online buying and selling systems. Buying and selling is online buying and selling sometimes based only on trust which means the buying and selling actor is sometimes unclear, therefore many prefer COD or Cash On Delivery and or payment at the place of delivery of goods. Be careful in making payments via transfer, first research the reputation of the seller who offers goods in accordance with the posted, check the existence of the seller's offline store or the seller's business license. There is also a problem formulation (1) How is the legal arrangement regarding the actions that have been done by business actors against consumers on online buying and selling sites? (2) What criminal sanctions are imposed on perpetrators of embezzlement crimes on online buying and selling sites? This research uses normative methods because there are still vague norms, based on the opinion of legal experts. If a person has fulfilled all the elements of the crime of embezzlement, then he can be called a perpetrator.
Perlindungan Hukum Terhadap Anak Korban Tindak Pidana Kekerasan (Child Abuse) di Indonesia
I Gusti Ngurah Agung Bija Karang;
I Nyoman Gede Sugiartha;
Luh Putu Suryani
Jurnal Analogi Hukum Vol. 3 No. 3 (2021): Jurnal Analogi Hukum
Publisher : Fakultas Hukum Universitas Warmadewa
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DOI: 10.22225/ah.3.3.2021.350-354
Violence against children that occurs in Indonesia a lot occurs because of the lack of awareness of parents or child caretakers towards the protection of children. Violence that often occurs includes physical, emotional, sexual and neglect of children, which is included in the violence of the criminal act of child abuse. The need for the application of a legal basis for acts of violence against children child abuse in Indonesia to prevent the development of such cases. So with that, the formulation of the problem in this study is how the legal arrangements for perpetrators of criminal acts of violence against child abuse in Indonesia are and how is the process of criminal sanctions against perpetrators of child abuse. The research methodology used is normative law. The results of this study describe that acts of child abuse in Indonesia can be protected through the legal basis of Law Number 35 of 2014 concerning Child Protection which has criminal sanctions on the perpetrators which are regulated in Article 80.
Pertanggungjawaban Pidana Pecandu dan Penyalah Guna Narkotika Berdasarkan Golongan
Khresna Wisantya;
I Nyoman Gede Sugiartha;
Anak Agung Sagung Laksmi Dewi
Jurnal Analogi Hukum Vol. 3 No. 3 (2021): Jurnal Analogi Hukum
Publisher : Fakultas Hukum Universitas Warmadewa
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DOI: 10.22225/ah.3.3.2021.338-343
The number of narcotics crimes is growing rapidly throughout Indonesia, these crimes are not only committed by Indonesian citizens but also committed by foreigners. That means international syndicates have made Indonesia not only as translit or circulation only but as a hotbed of international narcotics production. Narcotics crimes will affect the whole family, damaging the order and manners that once existed. In this case, narcotics abuse in Indonesia can result in a decrease in the quality of human resources owned by the community, especially in the country of Indonesia, in addition, it can also cause a loss to the country's finances. There are no problems (1) How is the arrangement of criminal sanctions against the narcotics of the drug group I until group III? (2) How is the EAS against narcotic abuse addicts that can be applied to group I until group III when reviewed from article 54 law number. 35 Years 2009? This research uses the normative method because there is still a vague norm, by being sourced to the opinion of the law scholars and the law. The positive law of narcotic criminal acts currently adheres to the double track system that judges can break abusers narcotics to be sentenced to prison and can also be placed in rehabilitation areas.
Restorative Justice dalam Tindak Pidana Narkotika pada Anak
I Komang Agus Muliawan;
I Nyoman Gede Sugiartha;
I Gusti Ayu Gita Pritayanti Dinar
Jurnal Analogi Hukum Vol. 4 No. 1 (2022): Jurnal Analogi Hukum
Publisher : Fakultas Hukum Universitas Warmadewa
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DOI: 10.22225/ah.4.1.2022.66-70
In considering the Juvenile Justice System Act No. 11 of 2012, keep in mind that children are the mandate and gift of Almighty God and have the dignity and value of humanity as a whole. Clarifying the problem in the study is an effort to apply restorative justice to the treatment and resolution of drug-related crimes, and to resolve the distractions of drug-related crimes in children. Restorative justice in the treatment and resolution of drug crimes committed by children and efforts to solve problems related to the use of diversion tactics in child drug crimes. The survey method used is a normative survey. The conclusion of the investigation is that the restorative justice approach generally does not work optimally in accordance with the provisions of Law No. 11 of 2012 on the juvenile justice system.
Cyber Troop (Pasukan Dunia Maya) Sebagai Upaya Penanggulangan Pencemaran Nama Baik di Dunia Cyber (Studi Kasus di Polda Bali)
Muhammad Alfian Dwi Saputra;
I Nyoman Gede Sugiartha;
Ketut Adi Wirawan
Jurnal Analogi Hukum Vol. 4 No. 1 (2022): Jurnal Analogi Hukum
Publisher : Fakultas Hukum Universitas Warmadewa
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DOI: 10.22225/ah.4.1.2022.88-92
According to technological developments, there are as many facilities available specifically in cyberspace. This technology development also tends to provide the chance of criminals, specifically crimes in cyberspace. The focus of this thesis research is to examine the definition and elements of a criminal act, the role of cyber troop in criminal acts, inhibiting factors and efforts to resolve the defamation of cyber troop carried out by the Bali Police. The method applied for the research is kind of the type of empirical juridical legal research or kind of research which tends to help examining the applicable legal provisions and also thing occurs in real way of society or kind of research that was done in actual situations of the society, the purpose is to find kind of facts which are used to be the evidence. Research data is getting analyzed in order to help identify the problems that led to problem solving. Empirical juridical research here applies a kind of statutory approach. The object is a case of defamation. The research data were collected using observation, interviews, and documentation methods and summarized using sentences that are easy to understand.
Kedudukan Hukum Anak Astra pada Hukum Waris Adat Bali Setelah Orang Tua Biologisnya Kawin Sah
I Putu Agus Suarnegara;
I Nyoman Gede Sugiartha;
Anak Agung Sagung Laksmi Dewi
Jurnal Analogi Hukum Vol. 4 No. 1 (2022): Jurnal Analogi Hukum
Publisher : Fakultas Hukum Universitas Warmadewa
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DOI: 10.22225/ah.4.1.2022.98-102
The position of legitimate children and Astra children (children out of wedlock) have different inheritance rights and relationships with the biological father's family. Legal children in general are the status of children born to parents who are legally married. While illegitimate children are children born outside of marriage. Astra's children (children out of wedlock) in the Marriage Law Article 43 paragraph (1) U explains that children born out of wedlock only have a civil relationship with their mother or their mother's family. Thus, an illegitimate child only has a relationship with his mother and his mother's family as well as in terms of inheritance, which means the child has no legal relationship with his father, as well as in terms of inheritance. However, if the parents carry out legal acts of acknowledging and ratifying the child, the child out of wedlock who is recognized has the same position as the legal child. Legitimate children can also replace the position of heirs and can inherit from both parents.
Pengaturan Hukum Pidana Pelaku Penggelapan Jual Beli Online
I Gusti Ngurah Agung Bagus Bima Putra;
I Nyoman Gede Sugiartha;
Anak Agung Sagung Laksmi Dewi
Jurnal Analogi Hukum Vol. 4 No. 1 (2022): Jurnal Analogi Hukum
Publisher : Fakultas Hukum Universitas Warmadewa
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DOI: 10.22225/ah.4.1.2022.103-108
Today in the world of electronic transactions many are found deviant actions, and not based on existing legal norms, most of which occur in online buying and selling systems. Buying and selling is online buying and selling sometimes based only on trust which means the buying and selling actor is sometimes unclear, therefore many prefer COD or Cash On Delivery and or payment at the place of delivery of goods. Be careful in making payments via transfer, first research the reputation of the seller who offers goods in accordance with the posted, check the existence of the seller's offline store or the seller's business license. There is also a problem formulation (1) How is the legal arrangement regarding the actions that have been done by business actors against consumers on online buying and selling sites? (2) What criminal sanctions are imposed on perpetrators of embezzlement crimes on online buying and selling sites? This research uses normative methods because there are still vague norms, based on the opinion of legal experts. If a person has fulfilled all the elements of the crime of embezzlement, then he can be called a perpetrator.
Sanksi Pidana Terhadap Pelaku yang Melarikan Diri dari Karantina Kesehatan
I Made Anandha Ida Rusmantara;
I Nyoman Gede Sugiartha;
Kade Richa Mulyawati
Jurnal Analogi Hukum Vol. 4 No. 2 (2022): Jurnal Analogi Hukum
Publisher : Fakultas Hukum Universitas Warmadewa
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DOI: 10.22225/ah.4.2.2022.114-118
Coronavirus Disease 2019 or COVID-19 is a pandemic threat that has been legally established by the World Health Organization (WHO) because it has an impact on the survival of the population. So that the Government of Indonesia issued legal regulations as an effort to overcome one of their health quarantines but still not obeyed by the public in connection with this, how is the legal arrangement on health quarantine? And what are the legal sanctions against someone who is fleeing health quarantine? This research uses normative research methods. The basis of the Health Protection and Quarantine Law in the 1945 Constitution stipulates that a prosperous life is born and inner, living, and getting a good and healthy living environment and entitled to health services is a community right. Those who violate the legal regulations that have been imposed in this pandemic situation get verbal reprimands, written reprimands, and administrative sanctions.
Peranan Jaksa Agung Muda Bagian Pidana Militer dalam Penanganan Perkara Koneksitas
Putu Nadya Prabandari;
I Nyoman Gede Sugiartha;
I Made Minggu Widyantara
Jurnal Analogi Hukum Vol. 4 No. 2 (2022): Jurnal Analogi Hukum
Publisher : Fakultas Hukum Universitas Warmadewa
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DOI: 10.22225/ah.4.2.2022.182-186
Connection criminal in Indonesia is still in orditur condition with prosecutors there has been no technical coordination on handling cases that have the involvement of legal subjects civil with military. The Young Attorney General of the Military Criminal Section was formed handle the connection case. The establishment Section is based on the presidential regulation of the Republic of Indonesia on the organization and work procedures of the Prosecutor's Office which is followed up with regulation of the Prosecutor's Office. Using normative empirical methods with a combining approach between juridical and sociological elements. Reviewing the arrangement of the young attorney general of the military criminal department in handling connection cases and the implementation of handling connection cases at the prosecution stage. Handling of connection crimes can only be tried as a connection case if there is a decision from the Minister of Defense and has been approved by the Minister of Justice. Law enforcement, especially the young attorney general of the military criminal department should establish a connection team in the area to speed up handling connection cases.