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All Journal Sociological Jurisprudence Journal KERTHA WICAKSANA Jurnal Hukum Saraswati Jurnal Konstruksi Hukum Jurnal Interpretasi Hukum Jurnal Preferensi Hukum (JPH) Law Doctoral Community Service Journal Eduvest - Journal of Universal Studies Al-Zayn: Jurnal Ilmu Sosial & Hukum Jurnal Analogi Hukum Community Service Journal of Law
I Nyoman Gede Sugiartha
Fakultas Hukum Universitas Warmadewa
Religion Aerospace Engineering Humanities Computer Science & IT Economics, Econometrics & Finance Education Health Professions Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Neuroscience Social Sciences

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Pengelolaan Sampah Plastik Rumah Tangga dalam Rangka Pencegahan Pencemaran Lingkungan (Study di Lingkungan Kelurahan Pedungan Kecamatan Denpasar Selatan Kota Denpasar) I Made Ode Dwiyana Putra; I Nyoman Gede Sugiartha; Luh Putu Suryani
Jurnal Konstruksi Hukum Vol. 2 No. 1 (2021): Jurnal Konstruksi Hukum
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/jkh.2.1.2974.86-91

Abstract

Plastic waste is waste that cannot be decomposed and is very dangerous to environmental health conditions because it is a non-organic waste. Prevention of environmental pollution occurs due to littering. Especially problems in the management of waste generated by households. This study aims to analyze the policy of managing household plastic waste as an effort to prevent environmental pollution in the Pedungan Village area of ​​Denpasar City and to explain the factors that influence the management of household plastic waste in Pedungan Village. This study uses empirical legal research. The approach to the problem used is a fact approach, a case approach and a sociological approach. The data used are primary and secondary data. Data were analyzed and arranged systematically using qualitative analysis, namely by analyzing data obtained from primary and secondary data sources. The results showed that the Pedungan Urban Village area has issued a policy regarding the Decree of the Head of the Pedungan Village Number: 660/04 / I / 2019 concerning the Management Structure of the Pedungan Asri Waste Bank in Pedungan Village. This waste bank is responsible for managing plastic waste in the Pedungan village. The waste bank accepts plastic waste to be recycled back into goods that have more useful and economic value. The two factors that affect the management of plastic waste in the Pedungan Village area include local residents and immigrants.
Pertanggungjawaban Pidana terhadap Dokter yang Melakukan Malpraktck dalam Memberikan Pelayanan Kesehatan di Tengah Pandemi Covid 19 Aditya Ryan Hidayat; I Nyoman Gede Sugiartha; I Made Minggu Widyantara
Jurnal Konstruksi Hukum Vol. 2 No. 2 (2021): Jurnal Konstruksi Hukum
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/jkh.2.2.3228.309-314

Abstract

Malpractice is an act of wrongdoing and action; thus, medical malpractice is the act of a health worker who is wrong in carrying out the medical profession (Professional misconduct) both from the point of view of ethical norms or leg al norms. The formulation of the problems in this study are (I) What is the legal arrangement for doctors in providing health services in the midst of the Covid 19 pandemic What is the form of criminal responsibility for doctors who commit malpractice in providing health services in the midst of the Covid I 9 pandemic. This study uses the research method of normative Jaw. This study uses two problem approach methods, namely the statutory approach and the legal concept approach. This study also uses three sources of legal materials, namely primary, secondary and tertiary legal materials. The purpose of this study is to determine the legal arrangements that govern health services in the midst of the Covid-19 pandemic. The main source of this research is the Criminal Code, Law Number 36 Year 2009 and Law Number 29 Year 2004. The results obtained from this study are criminal sanctions that can be imposed on doctors regarding malpractice in the middle. The Covid 19 pandemic is article 267 paragraph (I), 294 paragraph (2), 359, 361 KUHP, and article 190 of Law Number 36 of 2009 concerning Health, as well as article 79 of Law Number 29 of 2004 concerning Medical Practice. For the government to pay more attention to the health sector, especially regarding malpractice
Mekanisme Penyimpanan dan Pemusnahan Barang Sitaan Narkotika (Studi Kasus Pada Kejaksaan Negeri Badung) I Putu Krisna llham Wiantama; I Nyoman Gede Sugiartha; Ida Ayu Putu Widiati
Jurnal Konstruksi Hukum Vol. 2 No. 2 (2021): Jurnal Konstruksi Hukum
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/jkh.2.2.3229.315-319

Abstract

There are many criminal cases of Narcotics in the jurisdiction of the Badung Prosecutor's Office, the procedure for storing confiscated objects of the State (Rupbasan) is regulated in Article 44 of the Criminal Procedure Code, then the destruction of confiscated Narcotics is carried out seven days after obtaining a court envoy who has permanent legal force as provisions of Law number 35 of 2009 concerning Narcotics. However, the implementation of this law still appears to be constrained by its implementation in the field. This study aims to explain the legal rules for storing and destroying confiscated Narcotics at the Badung Public Prosecutor's Office and describing the process of storing and destroying confiscated Narcotics at the Badung District Court. This study was designed using a normative method, namely examining library materials in relation to cases through a statutory approach. The data used are primary and secondary data. Data were collected by interviewing and documentation. The results showed the legal rules for the storage of confiscated Narcotics at Kasiswa Badung, according to Article 44 paragraph (1) of the Criminal Procedure Code, Perka BNN No. 7/2010, while for Destruction is regulated based on SE.IA Number: SE-018 / A / JA / 08/2015 dated 21 August 2015 is one of the legal bases, then the mechanism for storing and destroying confiscated Narcotics objects begins with the acceptance of delegation of authority from investigators to the public prosecutor to District Prosecutor's Office Badung by presenting the defendant and evidence to the District Prosecutor's Office Badung Badung. If the trial process has been completed and has retained legal force, the officer begins to collect and record various confiscated objects that will be destroyed, in this case divided according to the types of confiscated objects.
Pendekatan Restorative Justice dalam Penyebaran Berita Bohong (Hoaks) Terkait Covid-19 I Ketut Arya Darmawan; I Nyoman Gede Sugiartha; Ni Made Sukaryati Karma
Jurnal Konstruksi Hukum Vol. 2 No. 2 (2021): Jurnal Konstruksi Hukum
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/jkh.2.2.3255.356-360

Abstract

The number of Hoax cases that occurred in the community has increased. Hoax is not only a problem in itself but has a broad impact on various events. Moreover the need for sanctions against those who spread hoax news. This study uses a normative legal research type. The data collection technique in this study was carried out by literature study. Sources of legal materials used are sources of primary legal materials and sources of secondary legal materials in the form of theories, literature, and scientific works. The results of this study indicate that the Restorative Justice approach can be applied to the perpetrators of spreading hoaxes related to Covid-19. The application of Restorative Justice is in accordance with the philosophy of the Indonesian nation, namely Pancasila, especially the 4th precept, which emphasizes deliberation. Sanctions for the perpetrators of spreading hoaxes related to Covid-19 are imprisonment and fines. To reduce the impact of hoaxes circulating on social media, it is better if people filter news so that people as social media users do not violate applicable regulations.
Keabsahan Hasil Cetak Screenshot Sebagai Alat Bukti dalam Pemeriksaan Perkara Perdata I Gede P Astika Juniartha; I Nyoman Gede Sugiartha; Ni Made Puspasutari Ujianti
Jurnal Konstruksi Hukum Vol. 2 No. 2 (2021): Jurnal Konstruksi Hukum
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/jkh.2.2.3263.401-405

Abstract

The development of computer, telecommunication and information technology has proceeded in such a way that is now has a very big difference from 10 years ago. Trade and industrial business have given rise to new transaction models due to advantages of technological advances. In today's digital age computers, telecommunications, and information are developing very rapidly, making the use of this technology encouraging proof of screenshots to be one of the evidence used in court. This study aims to determine the legal regulation of printed evidence (screenshots) in civil court proceedings, and to determine the strength of the printed evidence (screenshots) in proving civil cases. The research method used is normative legal research with a statutory approach related to this research. The results show that the legal regulation of screenshot evidence can be seen in Law No. 19 of 2016 and Article 1866 of the Criminal Code which is usually used in civil case trials. Then, the strength of the screenshot evidence has the power of proof that is binding for the judge and the parties concerned. So, it can be concluded that screenshot evidence can be used in civil case cross-examination because it is in the same position as other evidence and can be used legally, and this screenshot evidence is binding both for judges and for other parties who wish to use it.
Sanksi Pidana terhadap Pelanggaran Lalu Lintas yang Mengakibatkan Hilangnya Nyawa Seseorang Maudy Aulia Putri; I Nyoman Gede Sugiartha; Ni Made Sukaryati Karma
Jurnal Konstruksi Hukum Vol. 2 No. 2 (2021): Jurnal Konstruksi Hukum
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/jkh.2.2.3269.434-438

Abstract

Congestion on the road is increasing nowadays, this has a huge impact on a person, the number of roads is not in accordance with the large number of vehicles this is a traffic accident. The trigger for traffic accidents is because people still lack understanding of how to drive. This study aims to explain traffic arrangements that occur to someone who reports someone's life and explain the criminal sanctions against traffic that reports someone's life. The method used is the method of normative legal research by using a technique of approaching the problem of invitation and conceptual. The data subsectors used are primary and secondary data sources. This study concludes that traffic and transport are ready to serve based on the assumptions contained in Article 316 paragraph 1 of the UULAJ. Criminal enforcement against traffic crime perpetrators is recorded in Articles 310 and 311 of the Law. The criminal investigation process at the District Court is carried out by means of a quick and simple investigation procedure.
Tinjauan Yuridis Terhadap Pelaku Penelantaran Anak Berdasarkan Undang-undang Perlindungan Anak I Putu Gede Fajar Riski Andika; I Nyoman Gede Sugiartha; Luh Putu Suryani
Jurnal Konstruksi Hukum Vol. 2 No. 3 (2021): Jurnal Konstruksi Hukum
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/jkh.2.3.3637.542-546

Abstract

Child neglect is a phenomenon that often occurs in society which means that adults fail to take responsibility for providing various needs or adequate needs for the child. This can be seen from the needs such as clothing, food, shelter, education to the health of the child himself. This study aims to examine the legal protection of children who are victims of neglect and uncover criminal sanctions against perpetrators of neglect of children. This study uses a normative method considering that there is still a lack of legal norms, with a legislative approach. The data sources used are primary and secondary data obtained through library or recording techniques. After the data is collected, it is then processed descriptively qualitatively. Legal protection for neglected children is a right for every citizen, especially children, which can be divided into preventive and repressive protection. Law Number 35 of 2014, regulates various matters relating to the protection of children about what is prohibited until the sanctions in Article 76B contain that all forms of exploitation such as neglect and involving children in bad or wrong conditions can be subject to the threat of punishment as stated in Article 77B sentenced to imprisonment for 5 years or a fine of up to IDR 100,000,000.
Pertanggungjawaban terhadap Tindak Pidana Penyelundupan Sepeda Motor Harley oleh Direktur PT. Garuda Indonesia I Dewa Gede Pramana adhi; I Nnyoman Gede Sugiartha; I Made Minggu Widyantara
Jurnal Konstruksi Hukum Vol. 2 No. 3 (2021): Jurnal Konstruksi Hukum
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/jkh.2.3.3651.500-504

Abstract

Indonesia is a developing country where each region has its own natural wealth. This advantage cannot be used because there are many people who send out of the region without permission and vice versa, goods from outside countries are smuggled into Indonesia only to avoid the applicable taxes. This study aims to examine the regulation of smuggling in criminal law in Indonesia and reveal the responsibility of the director of PT. Garuda Indonesia, which carried out the act of smuggling luxury motorcycles. This research is a type of normative legal research conducted with research methods based on legal materials, while the problem approach used is a legislative and conceptual approach. Sources of data used are primary and secondary legal materials. Another bad example is shown by one of the people who has a big name in Indonesia, the smuggling case by the president of Garuda Indonesia is an illustration of how weak the law in Indonesia is and this incident has resulted in criminal and administrative sanctions. The results of the study indicate that the regulation of smuggling crimes in Indonesia is contained in Law Number 17 of 2006 concerning Customs. Handling of violations of customs provisions is more focused on the fiscal settlement, namely in the form of payment of a sum of money to the State in the form of a fine. The criminal liability of smugglers is regulated in Law No. 17 of 2006 the president director of PT. Garuda Indonesia is threatened with criminal and administrative sanctions
Pengendalian Pemanfaatan Tata Ruang dalam Sistem Zonasi Pembangunan Hotel Melalui Perijinan Kabupaten Badung Alda Vidia Vergionita; I Nyoman Gede Sugiartha; Ida Ayu Putu Widiati
Jurnal Konstruksi Hukum Vol. 3 No. 1 (2022): Jurnal Konstruksi Hukum
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/jkh.3.1.4225.6-11

Abstract

The building structure states the existence of a sacred area in each of these hotels and villas. After being investigated and plugged into the direct location, there are indeed, however, the sacred area seems very far from the reach of the community and very close to the swimming pool. Because of a permit that can be violated issuing and grating permits in the construction of hotels and villas in the education area. From this problem, the formulation of the problem that occurs is how effective is the application of sanctions for violators of the use of Spatial Planning in hotel development in the Badung regency? What are the obstacles in implementing spatial zoning through the construction of licensed hotels in the Badung Regency? The type of research used in this research is empirical juridical research, considering that this research uses data or facts that exist in the field and is studied based on laws and regulations related to the issues raised. The results of this study indicate that the responsibility for laying spatial layouts is detrimental to the community in the district where the area is used as a means for education, not a means of tourism and the like.
Penegakan Hukum oleh Aparat Lembaga Pemasyarakatan dalam Menanggulangi Penyelundupan Narkotika Charles Ferguson Lagaribu De Ornay; I Nyoman Putu Budiartha; I Nyoman Gede Sugiartha
Jurnal Konstruksi Hukum Vol. 3 No. 1 (2022): Jurnal Konstruksi Hukum
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/jkh.3.1.4231.35-39

Abstract

A criminal act is a form of violation of the norms contained in the law and is considered a criminal penalty. The law becomes a social control for the community, so as not to commit acts that deviate from the provisions of positive law in Indonesia which have been regulated in the law. The rule of law is a society with a life regulated by law that must be obeyed and obeyed by the community and its law enforcement officers. The purpose of this study is to understand the Forms of Law Enforcement by Correctional Apparatuses in Overcoming Narcotics Smuggling in Prisons and to analyze the Barriers of Correctional Apparatuses in Overcoming Narcotics Smuggling in Prisons. This research was conducted using a normative research type. Regulations on Narcotics can be seen in Law Number 35 of 2009 concerning Narcotics and Law Number 12 of 1995 concerning Corrections. Narcotics regulation is made as a form of effort in the field of criminal law from the government, especially in terms of eradicating narcotics crimes and preventing narcotics smuggling in Indonesia.
Co-Authors . I Nyoman Putu Budiartha A. A. Risma Purnama Dewi A.A. Sagung Laksmi Dewi Aditya Ryan Hidayat Agus Yogik Palguna Alda Vidia Vergionita Anak Agung Gede Budhi Warmana Putra Anak Agung Made Angga Harta Yana Anak Agung Ngurah Bagus Arya Bhaskara Arini, Desak Gde Dwi Charles Ferguson Lagaribu De Ornay Cokorda lstri Dharmasatyari Dendy Martono Prabowo Dewa Ayu Warta Meilaningsih Dewanti Arya Maha Rani Dewi, A.A Sagung Laksmi Diah Gayatri Sudibya Dila May Sekarsari Dinda Dian Pratiwi Gaviota Adrian Yohan I Dewa Ayu Mira Pradewi I Dewa Gede Pramana adhi I Dewa Gede Pramana Adhi I G A A Gita Pritayanti Dinar I Gede Agus Dedy Andika I Gede Eka Suantara I Gede P Astika Juniartha I Gede Putu Bagus Priyadi Wittadarma I Gede Windu Merta Sanjaya I Gusti Agung Ayu Gita Pritayanti Dinar I Gusti Ayu Suanti Karnadi Singgi I Gusti Made Jaya Kesuma I Gusti Ngurah Agung Bija Karang I Gusti Ngurah Wira Sanjaya I Kadek Agus Widiastika Adiputra I Kadek Ari Putra I Kadek Arya Sumadiyasa I Kadek Bayu Antara I Kadek Candra Karunia Bagiarta Putra Sugiantara I Kadek Dwipyana I Kadek Pasek Saputra I Kadek Windi Pranata Putra I Ketut Arya Darmawan I Komang Agus Edi Suryawan I Komang Arya Kusumantara I Made Ananda Hardiantha I Made Arya Kusuma Winata I Made Bramastra De Putra I Made Karnadi I Made Minggu Widyantara I Made Ode Dwiyana Putra I Made Suartana I Nyoman Putu Budiartha I Nyoman Putu Budiartha I Nyoman Rama Cahyadi Putra I Nyoman Subamia I Nyoman Subamia I Nyoman Sujana I Nyoman Sutama I Nyoman Sutama I Putu Aldi Wira Kusuma I Putu Bayu Suryadinatha I Putu Gede Fajar Riski Andika I Putu Gede Seputra I Putu Krisna llham Wiantama I Putu Pande Juli Artana I Putu Rama Aditya Prapta I Putu Wahyu Putra Suryawan I Wayan Arthanaya I Wayan Bayu Suryawan I Wayan Rideng I Wayan Wesna Astara I Wayan Yoga Pratama Putra I.B Gede Agustya Mahaputra Ida Ayu Made Wahyuni Dewi Ida Ayu Putu Widiati Ida Ayu Samhita Chanda Thistanti Istadevi Utami Rahardika Jyoti KaniaCri Kadek Agus Indra Ana Putra Kadek Dicky Candra Mahendra Kadek Dini Destianingsih Kadek Pageh Arimbawa Karma, Ni Made Sukaryati Kevin Umbu Hiwa Ninggeding Khresna Wisantya Komang Ajus Nada Putra Komang Angga Pradana Komang Saeramessatya Purwadi Sastra Leonito Ribeiro Louis Muda Adam Gesi Radja Luh Made Mutiasari Luh Putu Sudini Made Mahadwiva Surya Krishna Made Minggu Widiantara Made Rai Diascitta Hardi Sentana Maudy Aulia Putri Mulyawati, Kade Richa Ngakan Gede Bagus Widyagraha Ngakan Made Wira Diputra Ni Kadek Candra Dewi Ni Kadek Febriana Ni Kadek Madya Yani Ni Luh Gede Nita Ary Widiani Ni Luh Gita Saraswati Ni Luh Putu Amanda Cahayani Ni Made Puspasutari Ujianti Ni Made Ratna Suwari Ni Putu Eka Dharma Yanti Ni Putu P Novi Widiantari Ni Wayan Nita Dewi Nyoman Dita Ary Putri Pande Komang Satya Parama Hamsa Pande Nyoman Jaya Budiarta Putra Prawira Satya Utama Putu Adi Pratama Putu Ayu Sriasih Wesna Putu Budiartha, I Nyoman Putu Diah Premana Putri Putu Nandita Dewi Putu Suryani . Putu Wisnu Nugraha Rai Bagus Cahyadi Wicaksana Ratu Agung Dewangga Arinatha Gunawan Sang Bagus Nyoman Wahyuda Putra Simon Nahak suryawan, Gusti Bagus Tia Nur Larasati widia, ketut Widiati, Ida Ayu Putu