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All Journal Jurnal Syntax Transformation Jurnal Ilmiah Raad Kertha Nusantara Hasana Journal International Journal of Social Service and Research Journal Of World Science Edunity: Kajian Ilmu Sosial dan Pendidikan Return : Study of Management, Economic and Bussines Enrichment: Journal of Multidisciplinary Research and Development Rechtsnormen: Journal of Law
I Nyoman Suandika
Universitas Mahendradatta
Agriculture, Biological Sciences & Forestry Humanities Computer Science & IT Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Education Engineering Environmental Science Health Professions Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Nursing Social Sciences

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Legal Protection for Workers on Termination of Employment That Occurs Due to Force Majeure According to the Law - Labor Copyright Law Souki Aditya Pratama Kesdu; Erikson Sihotang; I Nyoman Suandika
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.v5i8.986

Abstract

Labor has an imperative part as one of the supporting components in improvement. Making strides human quality cannot be accomplished without a certain ensure of life to be gotten, and moving forward the quality of labor and assurance of labor must be balanced to human respect. This consider points to analyze the Covid-19 widespread as a circumstance that qualifies as constrain majeure concurring to the Labor Law, and to look at the lawful results of end of work carried out on the grounds of drive majeure due to the Covid-19 widespread. The investigate strategy utilized is standardizing investigate strategy backed by observational investigate utilizing different sorts of essential lawful materials within the frame of laws and controls and secondary legitimate materials within the frame of literature related to legitimate security for specialists within the occasion of end of work due to drive majeure. The comes about appear that the Covid-19 widespread can be qualified as a drive majeure beneath the Labor Law, and end of work carried out on the grounds of constrain majeure due to the Covid-19 widespread has legitimate results within the frame of employers' commitments.
Imposition of Criminal Sanctions Against Perpetrators of Prostitution in Indonesia Adhi Waluyo; Sobandi Sobandi; I Nyoman Suandika
Jurnal Syntax Transformation Vol 6 No 4 (2025): Jurnal Syntax Transformation
Publisher : CV. Syntax Corporation Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46799/jst.v6i4.1068

Abstract

Prostitution in Indonesia continues to be a complex and contentious issue, involving not only pimps and sex workers but also service users who remain largely unregulated by existing laws. This research examines the gaps in Indonesia’s legal framework, particularly the absence of provisions criminalizing prostitution service users. The study aims to explore how Indonesian law addresses the criminalization of all parties involved in prostitution, focusing on service users and the enforcement of criminal sanctions. Using a normative legal research methodology, this study reviews existing laws such as Law No. 44 of 2008 on Pornography, Law No. 19 of 2016 on Electronic Information and Transactions, and the Criminal Code (KUHP). It applies legal analysis through the legislative approach and legal concept approach, identifying significant gaps in applying criminal sanctions to users of prostitution services. The findings highlight that while pimps and service providers are criminalized, service users remain largely exempt from legal accountability. The study proposes that service users can be prosecuted through adultery complaints as stipulated in Article 284 of the Criminal Code. These findings suggest the urgent need for legal reforms to address this gap, ensuring a more comprehensive legal approach to prostitution regulation.
Law Enforcement of the Police Security Intelligence Unit in Uncovering Criminal Acts in the Buleleng Resort Police Area I Nengah Simpen; Erikson Sihotang; I Nyoman Suandika
Jurnal Syntax Transformation Vol 6 No 8 (2025): Jurnal Syntax Transformation
Publisher : CV. Syntax Corporation Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46799/jst.v6i8.1102

Abstract

The main tasks and functions of Intelkam in the Polri environment are regulated by the Regulation of the Chief of the Republic of Indonesia National Police Number 22 of 2010 concerning the Organizational Structure and Work Procedures at the Regional Police Level and the Regulation of the Chief of the Republic of Indonesia National Police Number 23 of 2010 concerning the Organizational Structure and Work Procedures at the Resort Police and Sector Police Levels. Law Enforcement by the Police Intelligence Unit In uncovering criminal acts in the Buleleng Resort Police Area According to Law Number 2 of 2002 concerning the Indonesian National Police, the role and duties of the Buleleng Police intelligence unit are to search for and uncover criminal acts in order to reveal who committed the crime, so that the perpetrators can be sentenced in accordance with the Criminal Code. The obstacles faced by the police security intelligence unit in enforcing criminal law in order to uncover criminal acts in the Buleleng Resort Police area are in the form of internal obstacles within the police themselves and external obstacles. Internal obstacles are related to the quality of human resources of the police and external obstacles in the form of the community and related institutions not being able to cooperate in enforcing the law.
The Authority of the Mobile Brigade Unit in Handling Chemical, Biological, and Radioactive Materials at the Bali Provincial Police Headquarters I Dewa Kadek Dwipayudha; Erikson Sihotang; I Nyoman Suandika
Jurnal Syntax Transformation Vol 6 No 8 (2025): Jurnal Syntax Transformation
Publisher : CV. Syntax Corporation Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46799/jst.v6i8.1105

Abstract

The authority of the Mobile Brigade (Brimob) in handling chemical, biological and radioactive materials for terrorism purposes is based on the duties and functions of Brimob based on the legal basis of Law Number 2 of 2002 concerning the Indonesian National Police, namely implementing and deploying the strength of the Indonesian National Police Mobile Brigade to overcome high-level public order disturbances, especially mass riots, organized crimes involving firearms, bombs, chemical, biological and radioactive materials together with other operational implementing elements of the police in order to realize legal order and public peace throughout the jurisdiction of the Republic of Indonesia and other tasks assigned to it. In its authority, the Indonesian National Police Mobile Brigade is together with other police functions to take action against perpetrators of high-level crimes, especially mass riots, organized crimes involving firearms, bombs, chemical, biological and radioactive materials in order to realize legal order and public peace. However, there are obstacles in handling chemical, biological and radioactive materials for terrorism purposes in the form of internal and external factors.
Traffic Unit Efforts In Handling Traffic Accidents Through Restorative Justice In The Jurisdiction of The Buleleng Resort Police Made Dewi Saraningsih; Erikson Sihotang; I Nyoman Suandika
Return : Study of Management, Economic and Bussines Vol. 3 No. 8 (2024): Return : Study of Management, Economic And Bussines
Publisher : PT. Publikasiku Academic Solution

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.57096/return.v3i8.269

Abstract

The traffic unit's efforts to handle traffic accidents through restorative justice in the Buleleng Police jurisdiction include bringing the two parties involved together through mediation. This mediation process functions as a means to overcome the problems faced and find solutions. The police play a facilitative role by arranging meetings and presenting the best options to reach a fair resolution through restorative justice. Obstacles encountered in implementing relief for perpetrators of traffic violations through restorative justice efforts are: The perpetrator or victim of a traffic violation in the opposite direction cannot be present when the police handle the case, and there are no witnesses at the time of the traffic accident, this happened because of an accident. This traffic takes place in a quiet area and there is rarely any activity carried out by the community and there are no residential areas.
Fulfillment of Detainees' Rights at the Detention Center Based on National Police Chief Regulation No. 4/2015 on Detainee Care at Polda Bali I Komang Mulyacandra; Ni Ketut Wiratny; I Nyoman Suandika
Edunity Kajian Ilmu Sosial dan Pendidikan Vol. 4 No. 1 (2025): Edunity: Social and Educational Studies
Publisher : PT Publikasiku Academic Solution

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.57096/edunity.v4i1.363

Abstract

Regulation of the Chief of Police of the Republic of Indonesia Number 4 of 2015 concerning the treatment of detainees is the basis for the implementation of the duties of police officers of the Bali Police Detention and Evidence Directorate. This study aims to identify and analyze the fulfillment of detainees' rights at the Bali Police Detention Center, as well as to find out the factors that become obstacles in the implementation of the protection of these rights. This type of research uses a normative legal approach supported by empirical with data collection techniques through literature studies, interviews, and observations. The analysis is carried out descriptively and prescriptively to provide a clear picture of the conditions for the fulfillment of detainees' rights. The results showed that the implementation of the fulfillment of detainees' rights in accordance with National Police Chief Regulation Number 4 of 2015 still faces various obstacles. Bali Police detention centers can only implement the provisions stipulated in Article 10, while the provisions in Article 7 governing the placement of detainees are still not optimally implemented. The main obstacle in the implementation of the fulfillment of detainees' rights is caused by the large number of detainees held and limited facilities. Improvement efforts that have been made include the application for the construction of a new building and the loan of special placement cell space. In conclusion, to improve the fulfillment of detainees' rights at the Bali Police Detention Center, there needs to be more attention from the police and adequate policy support, so that all provisions in the National Police Chief Regulation can be implemented optimally and the rights of detainees can be fulfilled properly.
The Authority of The Integrated Assessment Team For Legal Certainty Regarding Rehabilitation For Suspected Drug Abusers Muchamad Bratadewa Yuda Pratama; Erikson Sihotang; I Nyoman Suandika
Return : Study of Management, Economic and Bussines Vol. 3 No. 9 (2024): Return : Study of Management, Economic And Bussines
Publisher : PT. Publikasiku Academic Solution

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.57096/return.v3i9.279

Abstract

This study aims to analyze the authority of the Integrated Assessment Team (TAT) in determining rehabilitation for narcotics abuse victims and to identify obstacles in implementing rehabilitation recommendations, especially for those undergoing legal proceedings. The research uses a normative legal method, supported by empirical data, relying on primary legal materials such as laws and regulations, and secondary materials like literature related to the authority of TAT. The findings show that the TAT holds a crucial role in recommending medical and social rehabilitation for narcotics abusers. However, several obstacles hinder the effective implementation of TAT's recommendations, including poor coordination among law enforcement agencies and the limited resources available to support the rehabilitation process. Additionally, the social stigma surrounding narcotics abuse further complicates the rehabilitation process. The discussion emphasizes the need for stronger inter-agency coordination and increased support for rehabilitation programs to ensure better outcomes for narcotics abuse victims. The study concludes that despite the TAT’s authority being clearly regulated, several implementation challenges remain, which require urgent attention to improve the effectiveness of rehabilitation for narcotics abusers within the legal system.
Unlawful Acts and Legal Bullying: A Normative-Empirical Juridical Analysis of Case No. 1206/PDT.G/2025/PN JKT.BRT I Nyoman Suandika; Hanphie Agusoeito
Journal of World Science Vol. 5 No. 7 (2026): Journal of World Science
Publisher : Riviera Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58344/jws.v5i7.1692

Abstract

This research analyzes two issues: first, the harmonization of norms between the provisions of unlawful acts (PMH) Article 1365 of the Civil Code and the instrument for the protection of the right to information in determining the limits of legitimate educational expression; second, the qualification of a lawsuit based on Article 1365 of the Civil Code against financial educators on social media as onrechtmatige procesvoering/misbruik van recht. The research uses normative-empirical juridical methods with legislative, conceptual, case, and comparative approaches, focusing on Case Number 1206/Pdt.G/2025/PN Jkt.Brt, PT. Tunas Tangkas Primaraga Sakti against financial educator Apriliana. The results of the study show that Article 1365 of the Civil Code does not provide an operational definition of the element of "unlawful", thus opening up space for expansive interpretation that has the potential to override the constitutional right to information according to Article 28F of the 1945 Constitution of the Republic of Indonesia in conjunction with Article 19 of the ICCPR. The a quo lawsuit meets three indicators of legal bullying: formal defects (ultra vires mandati and error in persona), disproportionate claim value (Rp3,654,182,500 without an accountable methodology), and indications of intimidation through a request for security confiscation of the defendant's private house. The mention of a trademark in educational content is qualified as a valid nominative fair use because it does not meet the elements of trademark use in trade according to Law Number 20 of 2016.
Legal Force of Final Decisions of the Constitutional Court I Nyoman Suandika; I Made Suwena; Erikson Sihotang
International Journal of Social Service and Research Vol. 6 No. 7 (2026): International Journal of Social Service and Research
Publisher : Ridwan Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46799/ijssr.v6i7.1455

Abstract

The problem addressed in this research is what rationale underlies the granting of permanent legal force to Constitutional Court decisions since they are pronounced in a public plenary session. This research employs a normative legal research method using statutory, conceptual, historical, and comparative approaches. The legal materials used consist of primary, secondary, and tertiary legal materials. The technique for collecting legal materials is conducted through document studies, while the technique for analyzing legal materials is descriptive-analytical. The results of the study show that the rationale underlying the granting of permanent legal force to Constitutional Court decisions after they have been pronounced in a public plenary session is that cases submitted to the Constitutional Court are related to state administration, requiring prompt decisions and being subject to time constraints to prevent disruption to the continuity of other state administration agendas. The possibility of conducting a judicial review of Constitutional Court decisions, viewed from a normative perspective, is not available because Article 47 of the Undang-Undang Mahkamah Konstitusi confirms that Constitutional Court decisions obtain permanent legal force once they are pronounced in a public plenary session. This principle is further emphasized in the explanation of Article 10 paragraph (1), which states that permanent means that no further legal action can be taken.
Legal Consequences of Operating an Unlicensed Vocational Training Institution in Bali Ni Ketut Ratna Vitri Wijayanti; I Nyoman Suandika; Kadek Dedy Suryana
Rechtsnormen: Journal of Law Vol. 2 No. 2 (2024)
Publisher : Yayasan Adra Karima Hubbi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55849/rjl.v2i2.976

Abstract

Background. Non-formal education organized for people who need provision of knowledge, skills, life skills, and attitudes to develop themselves, develop a profession, work, independent business, and / or continue their education to a higher level. Purpose. This thesis aims to analyze the legal consequences and legal processes that Courses and Training Institutions are one form of unit taken from carrying out unlicensed job training institutions in Bali. Method. This research is conducted with normative legal research method, namely through literature study of laws and regulations related to vocational training institutions and their operational licenses. Results. The results of this research are expected to provide a clear understanding of the legal consequences that can arise from misusing the work training institute license given by the Government to the work training institute in Bali, where the discussion of legal consequences and what legal process will be taken when the parties feel harmed as a result of the work training institute carrying out activities without a license in Bali. Conclusion. As well as knowing how to seek permission to legalize the operational license of a vocational training institution so that the training institution can be said to be legal. And can be a job training institution for people who need provision of knowledge skills and life skills, to develop themselves, develop their profession, work independently. Job Training Institutions also function as educational services that function as substitutes, additions, or complements to formal education in order to support education in school.Where in Government Regulation Number 5 of 2021 concerning this PP, regulates Business Licensing based on the level of risk of business activities.
Co-Authors A.A. Gde Putra Arjawa Adhi Waluyo Baginda Victor Leonardo Sibarani Erikson Sihotang Erikson Sihotang Hanphie Agusoeito I Dewa a Gde Budiarta I Dewa Kadek Dwipayudha I Gede Yuda Sedana Putra I Gusti Ngurah Wirasatya I Kadek Dedy Suryana I Komang Edy Dharma Saputra I Komang Mulyacandra I Made Suwena I Nengah Simpen I Nyoman Suardiana I Wayan Bandem Kadek Dedy Suryana Made Dewi Saraningsih Muchamad Bratadewa Yuda Pratama Ni Ketut Ratna Vitri Wijayanti Ni Ketut Wiratny Ni Luh Sayu Hary Sudewi Putu Andhika Kusuma Yadnya Sobandi Sobandi Souki Aditya Pratama Kesdu