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Perlindungan Hukum terhadap Pelaku Pembunuhan Begal atas Dasar Pembelaan Terpaksa Anak Agung Gede Agung; Anak Agung Sagung Laksmi Dewi; I Made Minggu Widyantara
Jurnal Interpretasi Hukum Vol. 2 No. 1 (2021): Jurnal Interpretasi Hukum
Publisher : Warmadewa Press

A criminal act is an act that is prohibited by law and is subject to sanctions. Not all acts that violate the provisions of the law can be punished, as contained in article 49 of the Criminal Code, which has been sentenced to a criminal sentence. A person who is a victim of a criminal act of tampering in the proximity of a criminal act who commits an act of defense is not sentenced. The type of research used is normative legal research. An act of defense that cannot be subject to punishment, the law applicable to article 49 of the Criminal Code in which a criminal act is committed in a threatening situation or an attack at that time, such as a victim of tampering himself, a judge as a law enforcer who examining and deciding an action can see evidence of the perpetrator's actions of self-defense which meet the elements of defense, the judge also considers the reasons of the perpetrator which can mitigate especially the perpetrator who is defending himself To law enforcement officials, judges in defending offenders who pay more attention to someone who is doing it so that justice can be created.

Analisis Putusan Hakim dalam Tindak Pidana Pembunuhan Berencana (Putusan Nomor 1474/Pid.B/2019/PN.Dps) Dedi Romadhan; Anak Agung Sagung Laksmi Dewi; I Made Minggu Widyantara
Jurnal Interpretasi Hukum Vol. 2 No. 1 (2021): Jurnal Interpretasi Hukum
Publisher : Warmadewa Press

Sometimes in cases that have a difficulty level of proof, there is an error by the judge in proving the defendant's guilt. Such as decision number 1474 / Pid.B / 2019/ PN.Dps. According to the author, there was an error by the judge in applying the sentence to the accused. The problems are 1. What is the legal arrangement for premeditated murder? 2. What are the judges' considerations in imposing criminal sanctions against the perpetrators of the planned murder case study of Decision Number 1474 / Pid.B / 2019 / PN.Dps? The method used is normative legal research. Regulations regarding the application of the appropriate article to the accused of murder by a judge in deciding a case. In Decision Number 1474 / Pid.B/ 2019 / PN.Dps, the judge's decision to impose a sentence of premeditated murder against the defendant, according to the author, is incorrect where based on the facts in court the defendant should have been sentenced to ordinary murder. The author suggests that the judge in determining the appropriate sentence must contain basic, clear and detailed reasons. The government, especially the judiciary, must supervise and foster the judicial process in implementing penalties.

Sanksi Pidana terhadap Pejabat Negara yang Melakukan Korupsi atas Penyalahgunaan Wewenang I Gede Sayogaramasatya; I Made Minggu Widyantara; Ida Ayu Putu Widiati
Jurnal Interpretasi Hukum Vol. 2 No. 1 (2021): Jurnal Interpretasi Hukum
Publisher : Warmadewa Press

The large number of state officials who commit corruption due to abuse of authority while exercising their authority can lead to losses to State finances. This study aims to determine the regulation of corruption by state officials in Indonesia, as well as to determine the sanctions for state officials who commit corruption for abuse of power. The research method used in this research is normative legal research with a statutory approach. The results showed that the regulation of corruption committed by state officials in the Corruption Eradication Law No. 20 of 2001, which defines that the act is committed by everyone against the law only to enrich himself or others including corporations which categorized as causing financial losses to the country's economy. There are two sanctions for officials who commit corruption for abuse of office, namely the death penalty and imprisonment.

Sanksi Pidana terhadap Tenaga Medis yang Melakukan Pemalsuan Surat Keterangan Rapid Test Covid 19 I Kadek Suar Putra Dana; Anak Agung Sagung Laksmi Dewi; I Made Minggu Widyantara
Jurnal Interpretasi Hukum Vol. 2 No. 1 (2021): Jurnal Interpretasi Hukum
Publisher : Warmadewa Press

Current world conditions the outbreak of the Covid 19 virus that attacks humans around the world so that the Indonesian government takes a serious policy to tackle the spread of this virus by limiting areas this policy has resulted in crimes One of them is the crime of falsification of the covid test certificate 19 The formulation of the problem that can be raised is how to regulate the forgery of medical certificates in Indonesian criminal law? and what are the criminal sanctions for falsification of the Covid 19 rapid test certificate by medical personnel? This thesis research uses normative research type Letter forgery is regulated in KUHP articles 263 to article 267 besides that it is also regulated in article 7 of the medical code of ethics Sanctions for falsification of the COVID-19 rapid test certificate are subject to criminal sanctions and sanctions on medical code of ethics administrative sanctions If the doctor is proven to have committed forgery himself then the liability will be punished for a maximum of 4 (years) and administrative sanctions if it is carried out by the hospital the corporation will be subject to criminal three times the fine set against the individual.

Tindak Pidana Penganiayaan Anak oleh Orang Tua Ditinjau dari Aspek Perlindungan Anak I Ketut Detri Eka Adi Pranata; I Nyoman Putu Budiartha; 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.3.2.4927.260-265

This study aims to analyze and describe the crime of child abuse by parents in terms of child protection aspects. Current developments bring about the evils that society suffers from: violent crimes and maltreatment. One of the most common are crimes involving child victims. Such cases are known as child abuse. Two main problems arise from this declaration. That is, the regulation of criminal sanctions for criminal acts committed by parents and legal protection of children who are abused within the meaning of the Child Protection Act. This investigation uses a normative legal investigation type with a legal and conceptual approach. This research is included in normative research, which is sourced from primary legal materials. Data were collected by using literature and document study methods. The results show that. The imposition of criminal sanctions on criminal acts committed by parents if they meet the elements of Article 76C is child protection against abuse of political activities, involvement in armed conflict, involvement in social unrest, and involvement in cases. From Law. Elements of violence, involvement in war and sex crimes.

Perlindungan Hukum terhadap Nasabah Bank atas Tindak Pidana Pencatatan Palsu dalam Dokumen Perbankan I Kadek Duta Anugrah; I Made Minggu Widyantara; Desak Gde Dwi Arini
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.3.2.4933.294-299

This study aims to analyze and describe banking crimes, as well as how legal protection given to customers who are concerned about the existence of a criminal act of false recording in banking documents. With the increasing number of activities that banks carry out, with that many individuals or groups have intentions that are contrary to applicable law, whether it be with anything, such as false records. The problems discussed are how to overcome banking crimes, as well as how legal protection given to customers regarding the existence of fraudulent recording crimes in banking documents. This research is a type of normative legal research to explore it. From the results of the study, it was shown that the handling of banking crimes had been going well, it was shown by Bank Indonesia having implemented preventive measures, namely by increasing working relations with relevant agencies, as well as repressive efforts, namely by conducting investigations on the basis of related laws. Regarding legal protection that must be carried out by banks, it is divided into indirect protection in the form of the bank using the principle of prudence in the implementation of banking activities, as well as direct protection in the form of a deposit insurance institution where this institution will guarantee customer deposits of a maximum of two billion rupiah if this occurs. things that are detrimental to customers.

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.

Sanksi Pidana terhadap Pelaku Pengeroyokan yang Menyebabkan Kematian (Putusan Nomor 399/Pid.B/2020/PN Dps) Putu Kayla Yunita Dewi; Anak Agung Sagung Laksmi Dewi; 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.3.2.4948.385-390

Beating is an act that causes someone to be physically injured on purpose, with that there is a need for legal protection for victims of beatings because it is very disturbing to the community. This is regulated in the Criminal Codebook II chapter V. The purpose of this research is to discuss the regulation of the criminal act of beating that causes death and to examine the judge's considerations in imposing criminal sanctions on perpetrators who kill by beating according to Judge's Decision Number 399/Pid.B/2020 /PN Dps. This research is normative research with a statutory and conceptual approach. Primary legal sources, namely legal materials in the form of legislation, namely: the Criminal Code, and Legal Decisions. Secondary legal sources, namely official legal materials that support previous materials in the form of literature, books, and scientific journals. The technique used in making this research uses the collection of document research materials, including existing legal arrangements. existing regulations, self-defense by taking vigilante freely is carried out arbitrarily without any sense of guilt. Meanwhile, the beatings are also related to Article 170 of the Criminal Code. The suggestion is that the Denpasar District Court provides confirmations for each decision issued by the judge so that criminal sanctions are in accordance with applicable regulations and so that in the future there will be no injustice created over cases that have been resolved and it is hoped that in the future the community will be wiser and it would be better if the public could report similar cases to the competent authorities (law enforcement officers), in order to protect and ensure legal certainty in the community.

Analisa Yuridis Pengangkatan Seorang Mantan Narapidana Korupsi Menjadi Komisaris Bumn Ni Kadek Lia Sri Padmiani; Anak Agung Sagung Laksmi Dewi; 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.3.2.4950.396-400

BUMN is a state-owned enterprise where all or most of the capital owned by the state through direct investment comes from separated wealth. In practice, there are still several cases where there is the appointment of a person who has become a former corruption convict to serve as a commissioner of BUMN. The regulation regarding the appointment of BUMN commissioners has been regulated in the provisions of the Law on BUMN. The purpose of this research is to discuss the regulations and legal consequences in the appointment of former corruption convicts to become BUMN commissioners. The type of research that will be used in this research is normative legal research, using a statutory approach and a conceptual approach. There are two sources of legal materials for this research, namely primary and secondary sources. Data collection techniques using literature research techniques. The results of the research explain that the appointment of former corruption convicts to become commissioners can be carried out if the person is not found guilty within 5 years before the nomination. In the appointment of former corruption convicts to become commissioners of SOEs, three conditions must be met, namely formal, material and other requirements. There are two efforts that can be made to the appointment of former corruption convicts to become commissioners of BUMN, namely ordinary legal remedies and extraordinary legal remedies.

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