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All Journal Jurnal Notariil KERTHA WICAKSANA Jurnal Preferensi Hukum (JPH) Law Doctoral Community Service Journal Jurnal Analogi Hukum
I Nyoman Gede Sugiartha
Universitas Warmadewa, Denpasar-Bali, Indonesia
Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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CONTRADICTION OF THE RIGHT TO DENY OF NOTARY WITH THE OBLIGATION TO REPORTING FOR THE PREVENTION OF MONEY LAUNDERING Ida Ayu Ide Dinda Paramita; I Nyoman Gede Sugiartha; I Made Pria Dharsana
NOTARIIL Jurnal Kenotariatan Vol. 7 No. 1 (2022)
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/jn.7.1.2022.18-23

Abstract

The purpose of this study is to examine the contradiction regarding the Principles of Recognizing Service Users (PMPJ) with the provisions of maintaining the confidentiality of the Deed by a Notary and to examine the limitations regarding the obligation of a Notary to keep the contents of the Deed secret with the obligation to report the Deed related to alleged money laundering. The research type used is normative legal research, with a statutory approach and a conceptual approach. The technique of collecting legal materials uses identification techniques and snowball techniques. The results show that based on Law Number 12 of 2011 concerning the Establishment of Legislation and the principle of lex superior derogate legi inferior. Moreover, between UUJN.P and Government Regulation Number 43 of 2015 concerning Plaintiff in the Prevention and Eradication of the Crime of Money Laundering, which is implementing regulations of Law Number 8 of 2010 concerning the Prevention and Eradication of the Crime of Money Laundering, the obligation to keep the data of service users cannot be disclosed by a Notary.
Urgensi Sertifikat Laik Fungsi (Slf) Bangunan Terhadap Usaha Jasa Akomodasi Pariwisata di Kota Denpasar I Nyoman Gede Sugiartha; I Gusti Agung Ayu Gita Pritayanti Dinar; I Made Aditya Mantara Putra
Kertha Wicaksana Vol 15 No 2 (2021)
Publisher : Fakultas Hukum, Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/kw.15.2.2021.116-121

Abstract

The application of the Online Single Submission (“OSS”) is implemented by the government in order to streamline the business licensing process which has been considered very inefficient and requires a lot of time and money, requiring all Limited Liability Companies (“PT”) established under the laws of the Republic of Indonesia to obtain a Business Identification Number. (“NIB”) and further adjust the permits previously obtained by each of the PT, both those related to operations and non-operations, with the permits issued by OSS. As a result of the implementation of the OSS, companies that have applied for and obtained a Business Permit (Target Business Registration Certificate) but have not yet become effective, must fulfill other commitments, one of which is the Certificate of Feasibility of Function (“SLF”). The formulation of the problem in this study: (i) Application of the arrangement of the Function Feasibility Certificate (SLF) for buildings in the Province of Bali, (ii) the urgency of the implementation of the Commitment to the Certificate of Feasibility of Function (SLF) in the Province of Bali. This research uses normative legal research methods, with a statutory approach and legal concept analysis. The theory used in examining the problems in this research is the theory of economic law, the theory of state sovereignty and the conception of law as a policy process. Through this research, it can be determined the urgency of implementing the commitment to the Certificate of Functional Worth (SLF) for buildings in Denpasar City. Consistency of professional application based on justice, certainty and legal benefits by the government is needed so as to create economic growth through ideal and sustainable tourism in Bali. The benchmark for implementing the SLF commitment is by taking into account various legal factors and the efficiency of government policies in a deep, structured and systematic manner.
Eksistensi Paralegal dalam Meminimalisir Kekerasan Terhadap Perempuan di Desa Tuwed Kabupaten Jembrana I Nyoman Gede Sugiartha; Cokorde Gede Swetasoma
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.16.2.2022.91-97

Abstract

The existence of paralegals in increasing public legal awareness has been widely studied. One of the important roles of paralegals in Bali, especially in Tuwed Village, Melaya District, Jembrana Regency, is to minimize violence against women which is still found in Bali, which is famous for upholding patrilineal lineages where there is an assumption that the position of men is higher than women. This happens due to a lack of knowledge about the law, especially for the poor and marginalized. After the birth of paralegals as an implementation of Law Number 16 of 2011 concerning Legal Aid, it is very interesting to study its relation to violence against women. The problem is how the existence of paralegals in minimizing cases of violence against women in Tuwed Village, Melaya District, Jembrana Regency and how paralegals' efforts in increasing legal awareness to prevent violence against women in Jembrana Regency. In this study, the authors use empirical research methods with a case study approach in examining the existence of paralegals in preventing violence against women as regulated in the Law on Legal Aid Number 16 of 2011 concerning Legal Aid. The results of this study indicate that the existence of paralegals in preventing violence against women in Tuwed Village, Jembrana Regency is effective, because there has been an increase in legal awareness from the community and socialization about paralegals and violence against women to the people of Jembrana Regency.
Sanksi Pidana terhadap Pelaku yang Melakukan Kampanye Pemilu di Media Massa selama Masa Tenan I Dewa Ketut Alit Catur Mahaputra; I Nyoman Gede Sugiartha; Indah Permatasari
Jurnal Preferensi Hukum Vol. 6 No. 1 (2025): Jurnal Preferensi Hukum
Publisher : Warmadewa Press

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Abstract

Campaigns in the modern era have evolved following technological advances. Social media is one of them, now many candidates for people's representatives are campaigning through social media, campaigns carried out through social media no longer ignore the quiet period, even though the Law has expressly stipulated criminal provisions for anyone who violates it. The formulation of the problem obtained is how is the regulation of election campaigns in Indonesia, and how are the criminal sanctions against perpetrators who conduct election campaigns in the mass media during the quiet period. This research uses normative legal research with a statutory approach and conceptual approach. The results of the discussion show that the regulation of election campaigns in Indonesia has been regulated in Law Number 7 of 2017 concerning General Elections, as well as criminal sanctions against perpetrators who conduct election campaigns in the mass media during the quiet period are regulated in Article 287 paragraph (5) Jo Article 492 of the General Election Law, which will be punished with a maximum imprisonment of 1 (one) year and a maximum fine of Rp12,000,000.00 (twelve million rupiah).
Perlindungan Hukum Bagi Konsumen Atas Penggunaan Botol Berbahan Polikarbonat yang Tercemar Bisphenol- A Berdasarkan Undang-Undang Nomor 8 Tahun 1999 I Made Anoraga Okky Dharmala; I Nyoman Gede Sugiartha; Luh Putu Suryani
Jurnal Preferensi Hukum Vol. 6 No. 1 (2025): Jurnal Preferensi Hukum
Publisher : Warmadewa Press

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Abstract

Bisphenol-a is a chemical ingredient in polycarbonate plastics, which has shown negative effects on brain tissue. BPOM found the following compound in excess of 0.9 ppm per liter in polycarbonate gallon drinking water. Although the safe threshold is set at 0.6 parts per million (ppm) during 2021-2022 in 6 regions in Indonesia. The problems are: (1) How is the regulation of the use of drinking bottles made from polycarbonate? (2) How is legal protection for consumers for the use of polycarbonate bottles contaminated with bisphenol-a? This research uses normative legal research. According to the findings of this research, BPOM Regulation number 20 of 2019 concerning Food Packaging Supervision regulates the use of Bisphenol-a in drinking water containers. that the distribution threshold of bisphenol-a in food containers is no more than 0.6 bpj (600 microgram/kg) from polycarbonate packaging. The form of legal protection for consumers is the existence of food laws as a way to ensure panga safety.  As well as by setting food packaging standardization. In relation to bisphenol-a, the government is obliged to protect the legal rights of consumers by regulating, fostering, and supervising polycarbonate drinking bottles.
Sanksi Pidana Terhadap Pencemaran Tukad Unda Dalam Kegiatan Pengerukan Tanah Pembangunan Pusat Kebudayaan Bali (PKB) I Gede Agus Allezandro Suputra; I Nyoman Gede Sugiartha; Luh Putu Suryani
Jurnal Preferensi Hukum Vol. 6 No. 2 (2025): Jurnal Preferensi Hukum
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/jph.6.2.2025.165-170

Abstract

Law No. 32 of 2009 explains that Natural contamination causes harm to biotic and abiotic communities. Natural contamination issues happening are natural issues due to the digging of slopes and waterways around the Unda Waterway which can be utilized as materials for development objects. In case not dealt with genuinely, this huge sum of digging will influence the condition of the encompassing environment. The details of the issue are: How are criminal sanctions controlled for culprits of Unda Stream contamination due to slope digging amid the development of the Bali Social Center? and How is the Tukad Unda stream overseen and secured? About employment standardizing legitimate investigation strategies. Setting criminal sanctions against culprits of waterway digging contamination is critical to energize lawful compliance and natural security. sanctions can be within the shape of fines, jail sentences, or combination of both, duty of the culprit and give obstruction impact against waterway contamination homes. Stream stream administration and assurance requires an all encompassing approach including related parties, compelling directions and community support. Usage of preservation measures, coordination between related teaching, outreach to open almost all threats postured by exercises carried out in waterway watersheds, as well giving strict sanctions for infringement of the utilization of watersheds as ensured zones.
Improving Community Durability During the Covid-19 Pandemic in the Development of Tourism Based on Local Wisdom in the Traditional Village of Krebelahan I Nyoman Gede Sugiartha; A.A. Sagung Laksmi Dewi; I Made Minggu Widyantara
Law Doctoral Community Service Journal Vol. 1 No. 2 (2022): Law Doctoral Community Service Journal
Publisher : Fakultas Hukum, Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55637/ldcsj.1.2.5678.77-81

Abstract

Each lecturer is encouraged to package community service activities in groups and as individuals, which will later show concern for the community. As a higher education institution, Warmadewa University must always adhere to the Tridharma of Higher Education in accordance with the predetermined vision and mission. The aims of this research are as a form of the Lecturer's dedication to the community, to provide opportunities for Lecturers to direct service with partnerships to the target object in Banjar Krembahan Kab. Karangasem Implements one of the Tri Dharma of Higher Education in terms of Service and improving cooperative relations between universities and the community. The implementation method carried out in the community service program is by Program to increase public awareness of environmental conservation and environmental preservation program and A sustainable partnership for environmental conservation in Banjar Krembahan Kab. Karangasem. The result shows increase community resilience to the effects of the COVID-19 pandemic is to increase foreign tourist visits and increase people's income in Banjar Krelahan. The things that should be done in the Banjar Krembahan Tourism Area, Kubu District, Karangasem Regency, there is a need for public awareness about the importance of maintaining community resilience from the effects of the COVID-19 pandemic, so there is a need for public awareness about the importance of the environment not being maintained in a sustainable manner. As well as providing input on the influence of community resilience against the COVID-19 pandemic in the Krelahan, Kubu tourist area and the public awareness needs to be given a sense of binding.
Sanksi Pidana Terhadap Pelaku yang Melarikan Diri dari Karantina Kesehatan I Made Anandha Ida Rusmantara; I Nyoman Gede Sugiartha; Kade Richa Mulyawati
Jurnal Analogi Hukum Vol. 4 No. 2 (2022): Jurnal Analogi Hukum
Publisher : Fakultas Hukum Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/ah.4.2.2022.114-118

Abstract

Coronavirus Disease 2019 or COVID-19 is a pandemic threat that has been legally established by the World Health Organization (WHO) because it has an impact on the survival of the population. So that the Government of Indonesia issued legal regulations as an effort to overcome one of their health quarantines but still not obeyed by the public in connection with this, how is the legal arrangement on health quarantine? And what are the legal sanctions against someone who is fleeing health quarantine? This research uses normative research methods. The basis of the Health Protection and Quarantine Law in the 1945 Constitution stipulates that a prosperous life is born and inner, living, and getting a good and healthy living environment and entitled to health services is a community right. Those who violate the legal regulations that have been imposed in this pandemic situation get verbal reprimands, written reprimands, and administrative sanctions.
Pemberlakuan Sanksi Terhadap Pelaku Penjual Obat Terapi Covid-19 diatas Harga Eceran Tertinggi (HET) Putu Pebri Theresia Ananda; I Nyoman Gede Sugiartha; Diah Gayatri Sudibya
Jurnal Analogi Hukum Vol. 4 No. 2 (2022): Jurnal Analogi Hukum
Publisher : Fakultas Hukum Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/ah.4.2.2022.156-161

Abstract

The spread Covid-19 in Indonesia has circulated a lot about how to recover quickly if affected by the Covid-19 therapeutic drugs Covid-19, because many people who buy these drugs have made sellers selling above HRP appear which are detrimental to consumers. HRP has been regulated in Indonesia so that no rogue sellers sell goods above a predetermined price so that they do not harm consumers and are subject to sanctions if there are perpetrators who sell Covid-19 above HRP. This thesis discusses the regulation of drug HRP based on the decision of the Minister of Health and the imposition of sanctions on perpetrators of selling Covid-19 above HRP. This research uses normative legal research with a statutory approach. The results of this study indicate that the regulation of drug HRP is based on the Decree of the Minister of Health concerning the price of drug and the imposition of sanctions on perpetrators of selling Covid-19 above HRP in accordance with the provisions Article 62 paragraph (1) UUPK, Law no. 36 of 2009 concerning Health, and Article 7 paragraph (1) of the Minister of Trade Regulation no. 57 of 2017.
Penegakan Hukum Bagi Pelaku Pencemaran di Sungai Badung Denpasar I Putu Satria Adhi Darma; I Nyoman Gede Sugiartha; Ketut Adi Wirawan
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.6.1.2024.44-50

Abstract

There is so much accumulation of waste every day that this has the potential to increase as the population increases. Waste is a major problem seen from the development of population, so policies are needed to overcome this, one of which is the policy of managing households. The formulation of the problems in this study are How is law enforcement against the perpetrators of pollution in the Badung river Denpasar? What factors are the obstacles in law enforcement against pollution of the Badung Denpasar river basin? The research method used is empirical legal research with field data as the main data source, such as the results of interviews and observations. There is a need for cooperation between DLHK and village officials to carry out socialization to the community regarding the impact of garbage pollution due to garbage disposal, as well as the participation of traditional interpreters in terms of addressing issues about garbage by urging people not to directly throw their garbage into the river.
Co-Authors A.A. Sagung Laksmi Dewi Anak Agung Rai Gayatri Artha Yani Ayu Prasetya Dewi Dewi, A.A Sagung Laksmi Diah Gayatri Sudibya Gede Dius Waisnawa Cahyadi George Pascallyus Firman Agung Herla Panji Wahyuda I Dewa Ketut Alit Catur Mahaputra I Gede Agus Allezandro Suputra I Gusti Agung Ayu Gita Pritayanti Dinar I Gusti Agung Istri Arinda Praminingrat I Kadek Oza Ananda Putra I Ketut Adi Wira Wijaya Kesuma Atmaja I Made Aditya Mantara Putra I Made Anandha Ida Rusmantara I Made Anoraga Okky Dharmala I Made Gede Wiradana I Made Minggu Widyantara I Made Pasek Asmaradana I Made Pria Dharsana, I Made Pria I Nyoman Gede Bayu Krisnantha Dwipayana I Nyoman Subamia I Nyoman Sutama I Putu Satria Adhi Darma Ida Ayu Ide Dinda Paramita Indah Permatasari Ketut Adi Wirawan Ketut Adi Wirawan Luh Putu Suryani Mulyawati, Kade Richa Ni Made Puspasutari Ujianti Putu Pebri Theresia Ananda Putu Suryani . Swetasoma, Cokorda Gede