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All Journal Jurnal Interpretasi Hukum Jurnal Analogi Hukum
I Nyoman Subamia
Fakultas Hukum, Universitas Warmadewa
Law, Crime, Criminology & Criminal Justice

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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 : Fakultas Hukum, Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/juinhum.3.1.4646.101-106

Abstract

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
Sanksi Pidana Terhadap Pelaku Tindak Pidana Penjualan Jimat Luh Gede Anglika Gayatri Sukma; I Made Sepud; I Nyoman Subamia
Jurnal Analogi Hukum Vol. 6 No. 1 (2024): Jurnal Analogi Hukum
Publisher : Fakultas Hukum Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/jah.6.1.2024.92-98

Abstract

The sale of amulets in the community is very troubling because many lead to fraud. The sale of amulets in the Criminal Code has been regulated in Article 546 of the Criminal Code but, in practice, it is charged with Article 378 of the Criminal Code on fraud. The formulation of the problem in this study, namely how is the regulation of the criminal act of selling amulets in positive law in Indonesia? and how are the criminal sanctions against the perpetrators of the criminal act of selling amulets? This type of research is normative with the approach of legislation and concepts. The sources of legal materials used are primary, secondary, and tertiary legal materials. The technique of collecting legal materials by means of documentation and notes. Analysis of legal materials is descriptive and analytical. The results of this study are that the seller of amulets is threatened with a maximum imprisonment of three months or a maximum fine of four thousand five hundred rupiahs, but in practice the perpetrators of selling amulets are more often subject to Article 378 of the Criminal Code on fraud which proves that Article 546 of the Criminal Code is no longer relevant in society.
Perlindungan Hukum Terhadap Anak Dibawah Umur Sebagai Korban Prostitusi Online Melalui Aplikasi Michat Studi Kasus Putusan Nomor 563/PID.SUS/2023/PN.SRG I Nyoman Gede Sugiartha; I Nyoman Gede Bayu Krisnantha Dwipayana; I Nyoman Subamia
Jurnal Analogi Hukum Vol. 6 No. 2 (2024): Jurnal Analogi Hukum
Publisher : Fakultas Hukum Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/jah.6.2.2024.191-196

Abstract

Children are human beings who are under the age where they clearly do not deserve to be used as objects of deviant acts and other inhumane things. However, the facts on the ground show that child exploitation is still rampant in this country. Therefore, this study wants to discuss the legal protection arrangements for minors involved in online prostitution victims through the MiChat application and how the judge's consideration in the decision against minors as victims of online prostitution. The methods used in this research are statutory, case, and conceptual approaches as well as normative legal research. After the research runs, the results of the legal protection arrangements for prostitution of minors who are victims of online prostitution are contained in Article 66 No.35/2014 concerning Amendments to Law No. 23/2002 concerning Child Protection. The results of this study indicate that the judge's decision against the pimp decided the sentence based on Article 83 Jo Article 76 f of Indonesian Law No. 35/2014 concerning Amendments to Indonesian Law No. 23/2002 concerning Child Protection because he had trafficked minors who were victims of online prostitution.
Co-Authors I Made Sepud I Nyoman Gede Bayu Krisnantha Dwipayana I Nyoman Gede Sugiartha I Nyoman Gede Sugiartha Luh Gede Anglika Gayatri Sukma Ni Kadek Febriana