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All Journal Jurnal Syntax Transformation Jurnal Ilmiah Raad Kertha Aktual Justice Journal of Social Science
Ni Ketut Wiratny
Universitas Mahendradatta
Religion Humanities Economics, Econometrics & Finance Education Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences

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Prinsip Kepentingan Terbaik Bagi Anak Dalam Diversi Pada Sistem Peradilan Pidana Anak Ni Ketut Wiratny
Jurnal Ilmiah Raad Kertha Vol 1, No 1 (2018)
Publisher : Universitas Mahendradatta

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (234.474 KB) | DOI: 10.47532/jirk.v1i1.147

Abstract

Article 28 B Paragraph (2), the Constitution of the Republic of IndosesiaYear 1945 each child shall have the right to survival, grow and develop and shallbe entitled to protection of violence and discrimination, Protection of the rights ofthe child shall be contained in the UN Convention on the Rights 1989, has beenratified by more than 191 countries, including Indonesia as a member of the UNthrough Presidential Decree No. 36 of 1990. Thus the UN convention has becomeIndonesian law and binds all Indonesian citizens . To enforce the provisions setforth in the Convention on the Rights of the Child. as well as the basic principles ofthe Convention on the Rights of the Child include: a) discrimination of nonmembers,b) the best interests of the child; c) the right to life, survival anddevelopment; and d) an appreciation of the child's opinion. The best interest of thechild or in English is called the best interests of children is the basic principleunderlying the protection of the child. The best interests of the child should beviewed as 'paramount importance' or top priority. This principle is contained ininternational law and national law related to child protection. The child must beprotected, even if the child is a child in conflict with the law. The principle of thebest interests of the child as set forth in Point 14.2 of The Beijing Rules which statesthat "The proceedings shall be in the atmosphere of understanding, which shallallow the juvenile to participate therein and to express herself or himself freely."(Translation: The process should be done in the best interests of the child andshould be done in an atmosphere of understanding, allowing the child to participatein it and to express himself or herself freely). Within the level of national law, theprinciple of best interests for children is regulated in Article 2 of Law Number 23Year 2002 on Child Protection. The best interest of the child principle reminds allproviders of child protection that consideration in decision-making concerns thechild's future and not retaliation and the placement of imprisonment or childcustody as an ultimate remedy or remedy for ultimate remediation the child'spenalty is not to punish but to educate, restore and recover it as it was before thecrime.
KUDETA REDAKSIONAL DALAM PROSES LEGISLASI NASIONAL Ni Ketut Wiratny; Ni Luh Putu Geney Sri Kusuma Dewi
Jurnal Aktual Justice Vol 5 No 2 (2020): Aktual Justice
Publisher : Magister Hukum Pascasarjana Univeristas Ngurah Rai

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47329/aktualjustice.v5i2.551

Abstract

It is undeniable that there are problems in the legislative process in Indonesia, one of which is tampering with articles or editorial coups. In fact, this illegal practice can occur in three conditions. First, it occurs in the draft produced by a special committee or commission before it is brought to the plenary session of the DPR. The second occurred after the DPR plenary session. The third is the most difficult to control, if an editorial coup is carried out by the government before it is passed by the president, then it is promulgated in the State Gazette. At this stage, when the bill is in the hands of the government, the DPR finds it difficult to check. Given that this is the final stage, the possibility of a new editorial coup has been traced after it was implemented. As a product that is agreed upon in the highest forum (plenary session) and is the result of joint legislative-executive agreement, the slightest change made is haram. This research is a normative juridical research by conducting literature studies and analyzing secondary data. The results of this study indicate that if it is true that there is an editorial coup in the legislative process, the legal product has formal and material defects which can be canceled through the right to test exercised by the Constitutional Court.
Law Enforcement of Criminal Offense of Vehicle Registration Certificate Forgery: A Case Study of BPKB Forgery in the Bali Police Department I Komang Prema Nanda Narendra Putra; Ni Ketut Wiratny
Jurnal Syntax Transformation Vol 5 No 8 (2024): Jurnal Syntax Transformation
Publisher : CV. Syntax Corporation Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46799/jst.v5i8.987

Abstract

This research aims to explore how these differing definitions influence legal interpretations, law enforcement practices, and societal perceptions of crime. Additionally, the study will examine the impact of these definitions on the development of criminal law policies and how they affect the treatment of various offenses within the justice system. Thus, this research will provide a comprehensive analysis of the multifaceted nature of crime definitions and their implications for both theory and practice in the fields of law and criminology. Research method the type of research used in writing this thesis is a type of normative legal research which is supported by empirical research, namely by conducting research through observations in the field where the research is then compared with the concepts contained in the library materials used and statutory regulations. Invitation as a legal basis for solving problems. Conclusion Law enforcement of the criminal act of falsifying Motor Vehicle Owner's Books (BPKB) in the Bali Regional Police's legal area is as follows. Carrying out outreach to the public, spreading information that you should not easily believe the perpetrators of the criminal act of falsifying Motor Vehicle Owner's Books (BPKB). Report immediately if there is someone. Suspicious related to the criminal act of falsifying the Motor Vehicle Owner's Book (BPKB).
Juridical Study on Notaries Who Commit Criminal Acts Based on Law Number 2 of 2014 concerning the Position of Notary Made Sada; Erikson Sihotang; Ni Ketut Wiratny
Jurnal Syntax Transformation Vol 5 No 9 (2024): Jurnal Syntax Transformation
Publisher : CV. Syntax Corporation Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46799/jst.v5i9.1002

Abstract

Notaries as public officials have significant legal responsibilities in making authentic deeds. This research aims to analyze the legal procedure for summoning a notary as a witness in a case of alleged fraud or embezzlement. The research method used is normative research, by analyzing relevant laws and literature regarding the criminal responsibility of notaries based on Law Number 2 Year 2014. The results show that the summoning of notaries as witnesses by investigators must fulfill the provisions stipulated in the law, including approval from the Notary Honor Council. In addition, there are significant differences in the procedure after the issuance of Constitutional Court Decision Number 49/PUU-X/2012. This research emphasizes the need to evaluate regulations related to summoning notaries to ensure independence and speed up the legal process. The implications of the findings include increased awareness of notaries and socialization to the public regarding their roles and responsibilities. This research shows the importance of increasing notaries' awareness of their legal responsibilities and the need for reform of legal procedures to speed up the summoning and examination of notaries. In addition, strengthening regulations and socializing to the public regarding the role of notaries can help prevent errors in the making of authentic deeds.
The Authority of The Indonesian National Police (POLRI) In Conducting Seizures of Evidence without Court Approval In Criminal Cases Firmansyah Firmansyah; Ni Ketut Wiratny; Erikson Sihotang
Journal Of Social Science (JoSS) Vol 4 No 3 (2025): JOSS: Journal of Social Science
Publisher : Al-Makki Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.57185/joss.v4i3.440

Abstract

Law enforcement in Indonesia involves an important role for the Indonesian National Police (POLRI), including in the process of confiscating evidence. However, there are questions regarding the authority of investigators to seize evidence without court approval. This research aims to analyze the authority of POLRI investigators in confiscating evidence without court approval and the responsibility of investigators for confiscated evidence. The research method used is normative research by relying on primary legal materials in the form of laws and regulations, as well as secondary legal materials in the form of related literature. The analysis is done descriptively, systematically, and argumentatively to provide a comprehensive understanding of this issue. The results show that investigators have the authority to confiscate evidence in a caught red-handed situation without having to obtain permission from the court. This is regulated in the Criminal Procedure Code (KUHAP) which provides a legal basis for investigators to take such action. However, the responsibility of investigators in the storage, maintenance and return of evidence to the rightful parties remains an important aspect that needs to be considered. This research concludes that the authority of investigators to seize evidence without court approval can be exercised under certain conditions. However, the investigator's responsibility in managing evidence is crucial to ensure the validity of the legal process. This research is expected to contribute to the development of criminal procedure law in Indonesia, as well as increase understanding of the roles and responsibilities of POLRI in the law enforcement process.
Co-Authors Erikson Sihotang Firmansyah Firmansyah I Komang Prema Nanda Narendra Putra Made Sada Ni Luh Putu Geney Sri Kusuma Dewi