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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

I Nyoman Gede Sugiartha

Fakultas Hukum Universitas Warmadewa

Author-ID : 3410366

Aerospace Engineering Humanities Computer Science & IT Health Professions Law, Crime, Criminology & Criminal Justice Neuroscience Social Sciences

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Kajian Yuridis Tindak Pidana Pemalsuan Surat Secara Bersama-Sama (Studi Kasus Putusan Pengadilan Negeri Jakarta Timur Nomor 305/Pid.B/2021/PN Jkt.Timur ) I Gede Eka Suantara; I Nyoman Gede Sugiartha; Ni Made Sukaryati Karma
Jurnal Preferensi Hukum Vol. 3 No. 1 (2022): Jurnal Preferensi Hukum
Publisher : Warmadewa Press

Indonesia is a legal state in which all aspects are regulated by applicable law to determine the obligations, rights and obligations in monitoring one's own and social desires. One of the problems in the application of the law that often occurs in events in the community environment is the crime of criminal cases, namely forgery of letters so that there is a criminal act of counterfeiting letters which is formed to provide legal protection. together or participation. The purposes of this study are to analyze the form of criminal sanctions jointly in committing the crime of forgery of letters and the legal considerations given by the panel of judges in imposing punishment on the perpetrators of the crime of forging letters which are carried out together. This research method uses a normative legal method with a statutory approach and a conceptual approach. The data collection technique was carried out using library techniques. The sources of law used are primary and secondary sources of law. The data analysis technique was carried out qualitatively. The findings show that the joint form of criminal sanctions in carrying out the criminal act of forging letters together can be imposed as described in Article 263 paragraph (1) of the Criminal Code regarding the crime of forging letters, threatened with imprisonment for a maximum of six years. Then in Article 55 paragraph (1) 1 of the Criminal Code regarding participation.

Penegakan Hukum Terhadap Peredaran Rokok Tanpa Cukai di Indonesia Nyoman Dita Ary Putri; I Nyoman Gede Sugiartha; Ni Made Sukaryati Karma
Jurnal Preferensi Hukum Vol. 3 No. 1 (2022): Jurnal Preferensi Hukum
Publisher : Warmadewa Press

Indonesia as a developing country, one of whose income is through Customs and Excise levies, the responsibility of which will be borne by the apparatus of the Directorate General of Customs and Excise, such as cigarettes. However, there are still many cigarette factories or entrepreneurs who commit violations in the form of distributing cigarettes without excise in Indonesia. The purposes of this study are to analyze the legal regulation of the circulation of excise-free cigarettes in Indonesia and law enforcement efforts against the distribution of excise-free cigarettes in Indonesia. This research method is a normative legal research method with a conceptual approach. The technique of collecting legal materials used in this research is by recording in the documentation. Sources of legal materials used in the form of primary, secondary, and tertiary legal sources. After the data was collected, then analyzed systematically, the results of the study revealed that the circulation of cigarettes without excise in Indonesia is regulated in Article 4 which states that cigarettes are excisable goods because they are processed tobacco products and Article 29 of Law Number 39 of 2007 which states that goods are subject to excise. must be attached with excise stamps or affixed with other signs of payment of excise duty to be offered, delivered, sold, or made available for sale. Law enforcement efforts against excise-free cigarettes in Indonesia include preventive (prevention) and repressive (enforcement) law enforcement efforts. Law enforcement against the distribution of cigarettes without excise may be subject to criminal penalties in the form of imprisonment and fines which are cumulative (combined) criminal penalties.

Penyelesaian Sengketa Tapal Batas Antara Desa Jasri dengan Desa Perasi Melalui Upaya Mediasi I Kadek Dwipyana; I Nyoman Gede Sugiartha; Diah Gayatri Sudibya
Jurnal Preferensi Hukum Vol. 3 No. 1 (2022): Jurnal Preferensi Hukum
Publisher : Warmadewa Press

There are still many border disputes that occur in Bali, especially in Karangasem Regency, which involves two neighboring villages, namely the Jasri Traditional Village and the Perasi Traditional Village. This is based on legal uncertainty related to existing boundaries and also because of social factors between community relations that cause conflict problems. The purposes of this study are to reveal the factors that cause boundary disputes between Jasri Traditional Villages and Perasi Traditional Villages and to resolve border disputes between Jasri Traditional Villages and Perasi Traditional Villages. This research is an empirical legal research with a sociological approach. Data collection techniques were carried out by interview and literature study. Sources of legal materials used are primary and secondary legal sources. In analyzing the data, the researcher used flow model analysis techniques. The results of the study reveal that with the existence of Law Number 30 of 1999 concerning Arbitration, Permendagri Number 45 of 2016 concerning Guidelines for Establishing and Affirming Village Boundaries and Supreme Court Regulation Number 1 of 2016 concerning Mediation Procedures in Courts, both parties need to know so that their rights rights and obligations are not violated according to existing regulations.

Penegakan Hukum Terhadap Pelaku Tindak Pidana Pengancaman Kekerasan dan Pembunuhan Melalui Media Sosial Putu Diah Premana Putri; I Nyoman Gede Sugiartha; Diah Gayatri Sudibya
Jurnal Preferensi Hukum Vol. 3 No. 1 (2022): Jurnal Preferensi Hukum
Publisher : Warmadewa Press

Advances in technology are increasingly taking over space in the field of human life to facilitate human activities. With the many facilities offered, it is easier for humans to do things that are not in accordance with what should be done, such as committing crimes of threats of violence and murder through social media that are rife in today's society. With this phenomenon, the Indonesian government has issued several rules for law enforcement against perpetrators of criminal acts of threats of violence and murder through social media as regulated in Article 335 paragraph (1) 369 paragraph (1) of the Criminal Code and Article 45B of the ITE Law. Therefore, this study examines the causes of criminal acts of threats of violence and murder through social media and examines law enforcement against perpetrators of criminal acts of threats of violence and murder through social media. This study uses a normative legal research type with a statutory approach. The material used is primary legal material, which is the main legal material that is the basis for reviewing the problems under study, then supported by secondary materials. To obtain valid data, researchers used library research techniques. Furthermore, the research data is processed and analyzed by means of legal interpretation based on deductive and inductive logic. The results showed that the cause of the perpetrators committing the crime was due to internal factors, namely uncontrolled psychology and emotions and economic factors. Then regarding the sanctions that will be imposed on the perpetrators in accordance with the Criminal Code and the ITE Law which will be decided in the trial process.

Peran Polri Sebagai Tracer untuk Memutus Penularan Covid-19 di Wilayah Hukum Polda Bali Ni Luh Gede Nita Ary Widiani; I Nyoman Gede Sugiartha; I Nyoman Subamia
Jurnal Preferensi Hukum Vol. 3 No. 1 (2022): Jurnal Preferensi Hukum
Publisher : Warmadewa Press

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Tindak Pidana Terorisme yang dilakukan oleh Anak Dibawah Umur I Wayan Bayu Suryawan; I Nyoman Gede Sugiartha; I Made Minggu Widyantara
Jurnal Preferensi Hukum Vol. 3 No. 2 (2022): Jurnal Preferensi Hukum
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55637/jph.3.2.4940.336-341

This study aims to discuss the legal regulation of criminal acts of terrorism by minors and how the accountability of perpetrators of criminal acts of terrorism by minors is based on Law No. 15 of 2003 concerning the eradication of criminal acts of terrorism. This study uses a normative legal research type. Children are human resources who have a vital position in the development of the nation, but the phenomenon occurs that many children are involved and influenced by committing crimes of terrorism, where children are involved in criminal acts of terrorism. The results of the research on the legal regulation of criminal acts of terrorism committed by children have not been regulated by criminal provisions, they cannot be subject to capital punishment or life imprisonment. Cannot be held criminally responsible because there are conditions in the element of error that are not fulfilled, namely the requirement that those above a certain age can be held responsible. A child who has not been able to decide what he wants is said to be mentally immature, unable to make a decision correctly, even if the child commits a crime on his own consciousness. With the inability of children to be judged legally, special legal protection is needed for children.

Tanggungjawab Pemerintah Dalam Pengelolaan Lingkungan Hidup Berbasis Partisipasi Masyarakat untuk Pembangunan Daerah Bali I Nyoman Gede Sugiartha; Ida Ayu Putu Widiati
KERTHA WICAKSANA Vol. 14 No. 2 (2020)
Publisher : Fakultas Hukum, Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/kw.14.2.2020.96-102

A good and healthy environment is a human right for every Indonesian citizen as mandated in Article 28H of the 1945 Constitution of Indonesia. Unwise management of the environment contributes to the deterioration in the quality of the environment because it is necessary to increase environmental protection and management. Environmental protection and sustainable management is the responsibility of the government and the community. The responsibility of the government in carrying out environmental protection and management is a function of public services, to ensure that all residents have a good and healthy environment. Then the government can be held accountable, whether administratively, civil or criminal, when the government fails to carry out its obligations that are not in accordance with the aspirations of the community. This study is qualified as a normative legal research by applying several types of approaches, namely, the legislative approach, conceptual approach, philosophical approach, historical approach, comparative approach, case approach including cultural approaches based on the wisdom of the local community.The results showed that the protection and management of the environment is an effort to assume responsibility is very difficult so that it results in a decrease in the quality of the environment is increasingly apparent. Likewise in the event of environmental pollution and damage, the perpetrators can be held responsible both in civil law and criminal law. However, participatory environmental enforcement by integrating values that develop in the community in protecting and preserving the environment is an ideal form of protecting and prudent environmental management to realize sustainable regional development.

Penglipuran Traditional Village, Kubu Village, Bangli Regency, Bali as a Cultural Tourism Village Based on Local Wisdom and Creative Economy I Wayan Wesna Astara; I Nyoman Putu Budiartha; I Wayan Rideng; I Nyoman Gede Sugiartha
Law Doctoral Community Service Journal Vol. 1 No. 1 (2022): Law Doctoral Community Service Journal
Publisher : Fakultas Hukum, Universitas Warmadewa

The traditional village of Penglipuran Kubu, Bangli Regency has the potential as a tourist village. The potential of culture and natural resources can be managed into a tourism village product by collaborating with culture, natural resources, human resources, and tourism village management. In order for the management of the tourist village to be sustainable, the management strategy and laws related to the tourist village become the manager's reference. It was found that the management of the tourist village is still weak. The problem of tourist villages can use the absorption method from research results found both from service research results and from other researchers to be expected to provide solutions to the Penglipuran indigenous peoples who manage tourist villages. The role of the government after the development of the Penglipuran tourist village has decreased, it should remain a dynamist for the Penglipuran indigenous people. The methods used in legal issues in the management of tourism villages, focus group discussions (FGD), mentoring, lectures on legal science, dissect cases related to tourism village institutions, find potential strategies for local wisdom to strengthen tourism villages based on local wisdom, ensure continuity Penglipuran tourism village, assisting tourism awareness groups in managing tourism villages in growing the creative economy. The results of the service show that the Penglipuran tourist village, the lands that are used as tourist village objects are customary lands (Tanah Ayahan Desa). There is a legal problem that AYDs land is certified by Krama Adat. Another problem, which needs legal assistance, and legal counseling that the Penglipuran tourist village is managed by a tourism village management business entity, then a new problem arises with the Regional Regulation Number 4 of 2019 concerning customary villages, that Traditional Villages have Utsaha, to be managed by BUPDA (Baga Utsaha Padruwen Desa adat) based on customary law.

Administrative Accountability of the Indonesian Government in Environmental Management for Tourism Development Leonito Ribeiro; I Nyoman Gede Sugiartha
Sociological Jurisprudence Journal Vol. 5 No. 2 (2022)
Publisher : Fakultas Hukum, Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/scj.5.2.2022.119-125

A good and healthy living environment is the right of every Indonesian citizen as mandated in Article 28H of the 1945 Constitution of the Indonesian Republic. Unwise environmental management will aggravate the degradation of the environment, and therefore, improving the protection and management of the environment becomes necessary. Government accountability in environmental protection and management is a part of their public service function to ensure that people have a good and healthy environment. Thus, the puposes of this research are to examine the administrative accountability in environmental management for tourism development and to find a way to resolve legal consequences the government can face for its decision in environmental management in tourism development. This research is normative and empirical legal research and applied several approaches: statute approach, conceptual approach, philosophical approach, historical approach, comparative approach, case approach, and cultural approach based on local wisdom. The results show that the protection and management of the environment are efforts to take on a difficult responsibility, making environmental degradation more evident. Therefore, administrative law enforcement is the first step for the government to enforce the law immediately for environmental protection. The enforcement of administrative law and the integration of the values that grow in society in protecting and preserving the environment is ideal forms of wise environmental protection and management to realize tourism development. However, if the government fails to protect and manage the environment in developing tourism, the government can be held administratively accountable.

Strategi Pemulihan Keberlanjutan dan Ketangguhan Pariwisata Menghadapi Krisis I Gusti Agung Ayu Gita Pritayanti Dinar; I Nyoman Gede Sugiartha; Kade Richa Mulyawati
KERTHA WICAKSANA Vol. 16 No. 2 (2022)
Publisher : Fakultas Hukum, Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/kw.16.2.2022.158-163

Culture-based tourism is one of the sustainable tourism assets that contains unique cultural and natural traditions in an area. If we explore it more deeply, each village must have its own charm that contains various objects as noble values that can inspire tourists to village-based destinations, known as sustainable tourism. Bali as a tourism destination, known for its strong culture, pays serious attention to the sustainable tourism. One of the tourist villages in the area is Carangsari Village, which is located in Badung Regency. The village is trying to restore the tourism sector which has become the focus of the village community after it was stopped due to the spread of the corona virus. Motivated by the condition, this study is made to discuss the ideal recovery strategy for a sustainable tourism sector in the Carangsari village, Bali. This study makes use of an empirical legal research method with a statutory approach and an analysis of legal concepts. The results of this study indicate that a simple ideal recovery strategy is to add a schedule of sacred rituals in the tourist calendar in addition to the schedule of festivals existing in Bali.

Co-Authors . I Nyoman Putu Budiartha Aditya Ryan Hidayat Agus Yogik Palguna Alda Vidia Vergionita Anak Agung Gede Budhi Warmana Putra 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 Diah Gayatri Sudibya Dila May Sekarsari Dinda Dian Pratiwi Gaviota Adrian Yohan I Dewa Ayu Mira Pradewi I Dewa Gede Pramana adhi 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 Wira Sanjaya I Kadek Agus Widiastika Adiputra 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 Arya Kusuma Winata I Made Bramastra De Putra I Made Karnadi I Made Minggu Widyantara I Made Minggu Widyantara I Made Minggu Widyantara I Made Minggu Widyantara, I Made Ode Dwiyana Putra I Made Suartana I Nyoman Putu Budiartha I Nyoman Rama Cahyadi Putra I Nyoman Subamia I Nyoman Subamia 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 Wahyu Putra Suryawan I Wayan Arthanaya I Wayan Arthanaya I Wayan Bayu Suryawan I Wayan Rideng I Wayan Wesna Astara I Wayan Yoga Pratama Putra Ida Ayu Made Wahyuni Dewi Ida Ayu Samhita Chanda Thistanti Istadevi Utami Rahardika Jyoti KaniaCri Kadek Agus Indra Ana Putra Kadek Dicky Candra Mahendra Karma, Ni Made Sukaryati Kevin Umbu Hiwa Ninggeding Komang Angga Pradana Leonito Ribeiro Louis Muda Adam Gesi Radja Luh Made Mutiasari Luh Putu Sudini Made Mahadwiva Surya Krishna 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 Made Puspasutari Ujianti 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 Putu Ayu Sriasih Wesna Putu Budiartha, I Nyoman Putu Diah Premana Putri Putu Suryani . Putu Wisnu Nugraha Ratu Agung Dewangga Arinatha Gunawan Sang Bagus Nyoman Wahyuda Putra Simon Nahak suryawan, Gusti Bagus Tia Nur Larasati widia, ketut Widiati, Ida Ayu Putu

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