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All Journal PADJADJARAN Jurnal Ilmu Hukum (Journal of Law) Budapest International Research and Critics Institute-Journal (BIRCI-Journal): Humanities and Social Sciences Jurnal Preferensi Hukum (JPH) Journal of Law, Poliitic and Humanities Indonesian Journal of Law and Justice Jurnal Hukum dan Pembangunan Jurnal Analogi Hukum
I MADE MINGGU WIDYANTARA, I MADE MINGGU
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Religion Arts Humanities Economics, Econometrics & Finance Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences

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Akibat Hukum Tindakan Anarkis Demonstran Terhadap Perusakan Fasilitas Umum dan Penyerangan Petugas Kepolisian (Studi Kasus Penolakan Pengesahan UU Nomor 11 Tahun 2020 Tentang Cipta Kerja) Dwiyanti , Ida Ayu Sri Intan; Budiartha, I Nyoman Putu; Widyantara, I Made Minggu
Jurnal Analogi Hukum 251-255
Publisher : Fakultas Hukum Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/ah.3.2.2021.251-255

Abstract

The aim of this study is to find out law enforcement for demonstrators, especially in demonstration activities against Law Number 11 of 2020 Cipta Kerja, which was passed on October 5, 2020 and the legal consequences of attacks by police officers in their task of securing demonstrations. Demonstration is a form of democracy recognized by the government of the Republic of Indonesia based on the 1945 Constitution. By normative research methods several comparisons can be drawn with other laws relating to demonstration activities. The results of this study concluded that the demonstration activity began peacefully and ended in chaos and the police had the authority to secure the demonstrators so that the situation was under control, but the two sides turned into physical conflict. Other research results, in-depth studies are still needed on good demonstration procedures without harming the authorities.
Tindak Pidana Korupsi yang Dilakukan oleh Karyawan Badan Usaha Milik Negara Putra, I Putu Agus Sudiyasa; Widiati, Ida Ayu Putu; Widyantara, I Made Minggu
Jurnal Analogi Hukum 411-416
Publisher : Fakultas Hukum Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/ah.3.3.2021.411-416

Abstract

The crime of corruption to date has spread to all sectors of the government, even to state-owned companies. From the description of the background, the purpose of the study is to understand the regulation of corruption crimes committed by employees of the state-owned enterprises and to know criminal responsibility for corruption crimes committed by employees of state-owned enterprises. The research method is a normative legal research type with a statutory and conceptual approach. Analysis of legal materials using legal arguments in the form of deductive inductive legal logic. The results of the study show that corruption is regulated in Law 20/2001 regarding amendments to Law 31/999 concerning the Eradication of Corruption Crimes. Corruption crimes generally involve a group of people who mutually enjoy the benefits of the crime. This element is the purpose of the maker in committing acts of abusing the authority, opportunities or facilities available to him because of his position or position, namely to benefit himself or another person or a corporation. Accountability for criminal acts of corruption committed by BUMN employees by applying punishment in accordance with article 20 paragraph (7) of the UUPTK in the form of a criminal fine with the maximum provisions plus 1/3 and additional penalties in accordance with article 18 paragraph (1) and paragraph (2).
Wewenang Jaksa Agung dalam Penyampingan Perkara (Deponering) dalam Proses Peradilan Pidana Widiana, I Gusti Agung Ngurah Satya; Dewi, Anak Agung Sagung Laksmi; Widyantara, I Made Minggu
Jurnal Analogi Hukum 60-65
Publisher : Fakultas Hukum Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/ah.4.1.2022.60-65

Abstract

The existence of a waiver of a case in court or in this case it can be said that Deponering intends to carry out a step aside from a case carried out by the attorney general in a judicial process in court. The existence of an attitude or step that sets aside a case in a court carried out by the attorney general, all these related matters have been contained in RI Law No. 16 of 2004 which is related to the prosecutor's office. The formulation of the problem is . What is the authority of the attorney general in Article 35 c of the Law of the Republic of Indonesia Number 16 of 2004? And What are the legal implications for the regulation of public interest as a condition for the use of Deponering by the Attorney General? The research used in this research is normative law. The duties and powers of the Attorney General can be seen in Article 35 of Law No. 16 of 2004. One of the powers of the Attorney General, namely Article 35 C, is to set aside cases in the public interest.
Peranan Jaksa Agung Muda Bagian Pidana Militer dalam Penanganan Perkara Koneksitas Prabandari , Putu Nadya; Sugiartha, I Nyoman Gede; Widyantara, I Made Minggu
Jurnal Analogi Hukum 182-186
Publisher : Fakultas Hukum Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/ah.4.2.2022.182-186

Abstract

Connection criminal in Indonesia is still in orditur condition with prosecutors there has been no technical coordination on handling cases that have the involvement of legal subjects civil with military. The Young Attorney General of the Military Criminal Section was formed handle the connection case. The establishment Section is based on the presidential regulation of the Republic of Indonesia on the organization and work procedures of the Prosecutor's Office which is followed up with regulation of the Prosecutor's Office. Using normative empirical methods with a combining approach between juridical and sociological elements. Reviewing the arrangement of the young attorney general of the military criminal department in handling connection cases and the implementation of handling connection cases at the prosecution stage. Handling of connection crimes can only be tried as a connection case if there is a decision from the Minister of Defense and has been approved by the Minister of Justice. Law enforcement, especially the young attorney general of the military criminal department should establish a connection team in the area to speed up handling connection cases.
Sanksi Pidana Bagi Dosen Sebagai Pelaku Tindak Pidana Pelecehan Seksual Kepada Mahasiswa Darmayanti, Ni Komang Arik; Dewi, Anak Agung Sagung Laksmi; Widyantara, I Made Minggu
Jurnal Analogi Hukum 266-270
Publisher : Fakultas Hukum Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/ah.4.3.2022.266-270

Abstract

Harassment comes from the word harass which means to look down on, insult, or be worthless. While the word sexual comes from the word sex, very often interpreted as biological sex, namely male and female. So sexual harassment has the meaning of degrading, or insulting men or women. Sanctions are a result of criminal acts committed by people who violate the law. This research was conducted to determine the sanctions and penalties that can be imposed on perpetrators of sexual harassment by lecturers against students. By using the normative legal method which is closely related to legal facts and existing laws and regulations, the technique is also carried out with an inventory in the collection of research legal materials. Utilize primary, secondary and tertiary sources that will be used in analyzing data. The results obtained after the research are legal arrangements for perpetrators of sexual harassment crimes can be charged with obscenity articles (Articles 289 to 296 except Article 291 of the Criminal Code). This crime of sexual harassment was committed by a lecturer and was subject to criminal sanctions from the Judge's Decision which could be snared with a sentence of 7 months.
Upaya Penanggulangan Tindak Pidana Pembuangan Bayi Di Wilayah Hukum Polres Bangli Sastrawan, I Made Indra; Widyantara, I Made Minggu; Mahaputra, Ida Bagus Gede Agustya
Jurnal Analogi Hukum 316-321
Publisher : Fakultas Hukum Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/ah.4.3.2022.316-321

Abstract

Child is someone who is not yet 18 years old, including children who are still in the womb. All actions that can interfere with children's rights can be punished according to the applicable law. Currently, there are many cases of infant disposal in Indonesia, such as what happened in Banjar Lumbuhan, Susut Village, Susut District, Bangli Regency. Then a problem arises. This research aims to find out what factors are the causes of the criminal act of throwing away babies in the Bangli Police Legal Area. How are the efforts of the police to deal with the criminal act of disposing of babies in the Bangli Police Legal Area. The method of research uses an empirical legal research type, namely conducting field research at the Bangli Police Police office, through interviews with the support of several laws and regulations that apply in several books as a support. There are various factors behind the disposal of a baby such as a person's age, not ready for marriage, shame, lack of attention from family, being ostracized by society, getting pregnant outside of marriage, being abandoned by a pre-marital partner, the impact of globalization. Efforts to control infant disposal are divided into preemptive, preventive and repressive efforts.
Tinjauan Yuridis Proses Perekrutan Dan Pemilihan Calon Anggota Komisioner Komisi Pemberantasan Tindak Pidana Korupsi (KPK) Astika, I Nyoman Yudhi; Budiartha, I Nyoman Putu; Widyantara, I Made Minggu
Jurnal Analogi Hukum 322-327
Publisher : Fakultas Hukum Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/ah.4.3.2022.322-327

Abstract

KPK commissioners are appointed through a recruitment process involving the executive (President) and the legislature (DPR). The mechanism for selecting KPK candidates tends to be political. Furthermore, the following issues will be discussed: (1) how is the recruitment system for KPK members, (2) how is the selection process for the leadership of the corruption eradication commission (KPK) according to Law Number 19 of 2019 concerning the Corruption Eradication Commission. The type of research used in the thesis is normative research. The sources of legal materials used are Primary Legal Materials, Secondary Legal Materials, Tertiary Legal Materials. Techniques for obtaining legal materials used are document studies, literature studies, internet studies. Analysis of legal materials used is descriptive data analysis method. And the conclusion of the thesis is the Corruption Eradication Commission Member Recruitment System In the Corruption Eradication Commission Law, the appointment of KPK commissioners goes through several stages of the recruitment process which is carried out with a technical selection approach. The level of selection of the commissioners of the Corruption Eradication Commission based on the NRI Law No. 19/2019 regarding the Corruption Eradication Commission.
Tinjauan Yuridis Perlindungan Hukum Terhadap Justice Collaborator di Dalam Tindak Pidana Narkotika Raharja, I Made Rauhimas Oka; Budiartha, I Nyoman Putu; Widyantara, I Made Minggu
Jurnal Analogi Hukum 21-27
Publisher : Fakultas Hukum Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/jah.6.1.2024.21-27

Abstract

Narcotics abuse is a very complex problem, as evidenced by the increasing use of narcotics in Indonesia every year. In the criminal justice process, one of the pieces of evidence based on Article 184 paragraph (1) of the Criminal Procedure Code is witness testimony. The presence of witnesses is an important factor. The term witness is now evolving to include Justice Collaborator. The formulation of the problem in this research is How is the arrangement of Justice Collaborators in the criminal law system in Indonesia?and How is the protection of witnesses who work together (justice collaborators) in narcotics crimes according to Law Number 31 of 2014? This study uses a type of normative legal research. The results of the study found a Justice Collaborator. However, the arrangements regarding perpetrator witnesses are considered to be very minimal and do not provide clear guidelines regarding the prerequisites for being able to designate someone as a Justice Collaborator. The role of an actor who is used as a witness in the existing regulations is only known in Article 10 paragraph (2) of Law Number 13 of 2006 in conjunction with Law Number 31 of 2014. Law enforcers in providing legal protection to Justice Collaborators are still guided by Law Number 31 of 2014 Concerning the Protection of Witnesses and Victims, Supreme Court Circular Letter Number 04 of 2011 Concerning the Treatment of Whistleblowers and the witness of the perpetrator (Justice Collaborator). The rules for the existence of the Justice Collaborator are only briefly discussed. Legal protection is also less clear and firm.
Tinjauan Yuridis Terhadap Tindak Pidana Korupsi Pada Bank NTT Cabang Surabaya: (Studi Putusan Pengadilan Negeri Kupang Nomor 19/Pid.Sus.Tpk/2021/Pn.Kupang) Agung, George Pascallyus Firman; Sugiartha, I Nyoman Gede; Widyantara, I Made Minggu
Jurnal Analogi Hukum 172-178
Publisher : Fakultas Hukum Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/jah.6.2.2024.172-178

Abstract

Corruption is an illegal act involving abuse of authority or trust in order to obtain personal or group benefits, to the detriment of the public interest. Bank NTT as one of the financial institutions has the potential to become a place where corruption crimes occur. The method used is case analysis which involves collecting data from various sources such as news, investigation reports, and related regulations. The results showed that criminal acts of corruption at Bank NTT Surabaya Branch can occur in various ways, such as embezzlement of customer funds, manipulation of financial data, or receipt of bribes from third parties.In overcoming criminal acts of corruption at Bank NTT Surabaya Branch, steps are needed to strengthen internal supervision and stricter law enforcement. Education and training on business ethics and anti-corruption should also be provided to all bank staff.
Eksistensi Jaminan Dalam Penangguhan Penahanan Seorang Tersangka Atau Terdakwa Sastra, Putu Arya Adi; Dewi, Anak Agung Sagung Laksmi; Widyantara, I Made Minggu
Jurnal Analogi Hukum 256-260
Publisher : Fakultas Hukum Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/jah.6.2.2024.256-260

Abstract

The regulation of suspension of detention has several procedures and considerations listed in Article 31 of the Criminal Procedure Code as well as Article 35 and Article 36 of Government Regulation No. 27 of 1983 concerning the Implementation of the Criminal Procedure Code and Decree of the Minister of Justice of the Republic of Indonesia No. M.14.PW.07.03 of 1983, but these regulations cannot provide a comprehensive description of the procedures or procedures for suspending the detention of a suspect or defendant. In addition, the subjective assessment of the apparatus authorized to grant suspension of detention is also very broad in scope so that it is vulnerable to misinterpretation by authorized law enforcement officers. So the suggestions that can be given are the need to make laws or implementing regulations that are clearer and more detailed in regulating the procedures for implementing suspension of detention and in the context of law enforcement that embodies justice, the apparatus authorized to grant suspension of detention of a suspect or defendant should provide more careful consideration and be accountable to the public in approving the request for suspension of a suspect or defendant. Considering that the authority given to the apparatus by the law is a subjective authority that is vulnerable to misuse.
Co-Authors Agung, George Pascallyus Firman Anak Agung Sagung Laksmi Dewi Anastasya, Dewa Ayu Julia Anggara, Kadek Ariesta Dwi Antara, I Wayan Eka Arief Wibowo Arimbawa, Kadek Pageh Artana, I Putu Arya Wiguna Astika, I Nyoman Yudhi Cahyani, Dewa Agung Ari Aprillya Devita Darmayanti, Ni Komang Arik Dewi, Ni Nyoman Ayu Pramita Dwiyanti , Ida Ayu Sri Intan Dwiyanti, Ni Kadek Ayu Fitriyani, Kadek Dwi I Ketut Sukadana I Made Suwitra, I Made I Nyoman Putu Budiartha I Nyoman Sujana I Nyoman Sukandia I Wayan Kartika Jaya Utama Januartha, I Putu Gede Bisma Jelita, Maria Inda Karma, Ni Made Sukaryati Kusuma, Ngurah Arya Luh Made Mahendrawati Mahaputra, Ida Bagus Gede Agustya Mahardika, I Komang Adi Bintang Mahardika, Ida Bagus Putra Mertha, I Gusti Ayu Claudia Prathami Mulyawati, Kade Richa Nandiri, Ni Putu Sawitri Prabandari , Putu Nadya Prana, Anak Agung Gde Mahardi Pranata, I Dw. Agung Md. Krisna Pratiwi , Ni Putu Ika Armitha Putra, I Putu Agus Sudiyasa Putu Suryani . Raharja, I Made Rauhimas Oka Rahayu, Ni Putu Christina Elzaputri Sastra, Putu Arya Adi Sastrawan, I Made Indra Shintadewi , Kadek Ayu Manik Gita Simon Nahak Sugiartha, I Nyoman Gede Suprapta, I Nyoman Agus Widiana, I Gusti Agung Ngurah Satya Widiati, Ida Ayu Putu Wijayanti, Ni Kadek Sri Wiradana, I Made Gede Wiraguna, Komang Wiranantha, I Nyoman Adhi Guna