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Perlindungan Hukum Terhadap Perempuan Sebagai Korban Kejahatan Pornografi Balas Dendam (Revenge Porn) di Media Sosial Ida Ayu Trisna Dewanti Dipayana; Ida Bagus Anggapurana Pidada
Nian Tana Sikka : Jurnal ilmiah Mahasiswa Vol. 2 No. 2 (2024): Nian Tana Sikka : Jurnal ilmiah Mahasiswa
Publisher : Fakultas Ekonomi & Bisnis, Universitas Nusa Nipa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59603/niantanasikka.v2i4.471

Abstract

This research discusses the form of legal protection for women as victims of crime (revenge porn) on social media according to the TPKS Law and the obstacles in providing legal protection to women as victims of revenge porn crimes on social media. This research uses normative legal research. The data from this research is collected by literature study in the form of written regulations, theories from books and journals. The results of this study indicate that: first, the legal protection of victims of revenge porn in the TPKS Law, one of which is regulating the rights of victims such as handling, protection and recovery from cases of sexual violence. Second, obstacles in providing protection to women victims include the deep-rooted patriarchal culture and the distribution of intimate photos / videos considered as consensual. The conclusions of this study are: first, the enactment of Law No.12 of 2022 concerning Criminal Acts of Sexual Violence provides a positive signal in the prevention, handling and recovery of victims of sexual violence such as revenge porn.Second, the entrenched patriarchal culture is one of the obstacles in providing legal protection to women victims of revenge porn on social media.
Hak Dan Kewajiban Masyarakat Desa Terhadap Tanah Adat Oleh Krama Desa Adat Tamblang , Kecamatan Kubutambahan, Kabupaten Buleleng I Dewa Made Sasrawan; Ida Bagus Anggapurana Pidada
Hukum Inovatif : Jurnal Ilmu Hukum Sosial dan Humaniora Vol. 1 No. 3 (2024): Juli : Hukum Inovatif : Jurnal Ilmu Hukum Sosial dan Humaniora
Publisher : Lembaga Pengembangan Kinerja Dosen

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/humif.v1i3.258

Abstract

Most of the people of Tamblang Village have a livelihood as farmers. So that the thick ancestral traditions and culture are still carried out intact in this village. Tamblang is a village located in the Kubutambahan sub-district, Buleleng Regency, Bali Province, Indonesia. Customary laws or awig-awig are still the basis for behavior in the community. Regulations regarding the existence and rights of customary law communities regarding customary land in Tamblang Village are one of them in Awig-Awig Tamblang Traditional Village, Kubutambahan District, which shows that the existence and rights of indigenous peoples have been accepted within the legal framework applicable in traditional villages. The Tamblang customary law community is the indigenous people of North Bali who have lived for generations based on local cultural wisdom. Customary laws or awig-awig are still the basis for behavior in society. This arrangement of rights and obligations towards customary land is the basis for community engagement by the residents of the Tamblang customary village. The purpose of this study is to know and understand the existence of awig-awig and perarem in the regulation of customary land rights and obligations. The author uses an empirical research method using an approach through laws and conceptual methods. The results of this study can be concluded that, it is expected to maintain, maintain, and maintain customary law values. This regulation certainly gives hope to customary law communities to get recognition and protection of their rights, namely customary territories, customary law, assets and/or customary objects as well as institutions/government systems.
Kepastian Hukum Bagi Konsumen dalam Transaksi Jual Beli Online Stepanus Ndara; Ida Bagus Anggapurana Pidada
Hukum Inovatif : Jurnal Ilmu Hukum Sosial dan Humaniora Vol. 1 No. 4 (2024): Oktober : Hukum Inovatif : Jurnal Ilmu Hukum Sosial dan Humaniora
Publisher : Lembaga Pengembangan Kinerja Dosen

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/humif.v1i4.652

Abstract

Legal protection for consumers in online buying and selling transactions requires confirmation of responsibility related to online buying and selling practices and problems of default caused by business actors. To what extent is the role of the marketplace and business actors responsible for the default losses experienced by consumers? The type of legal research used is empirical juridical legal research. The data sources used are primary data and secondary data. Data collection techniques include interviews, documentation, observation. The data analysis used is qualitative data analysis. The research results obtained by the author are that (1) Buying and selling practices using B2C (Business to Consumer) and C2C (consumer to consumer) transaction systems. (2) Responsibility for legal protection of consumers as a marketplace is related to defaults or unlawful acts caused by business actors, so the burden of responsibility is borne by the business actor by referring to the contract that the parties agreed to. The legal protection provided is limited to supervision, regulators, facilitators, finding solutions, and making decisions regarding defaults or unlawful acts that occur.
Kewenangan Mahkamah Konstitusi dalam Penyelesaian Sengketa Hasil Pilkada Langsung Alfret Ananias Bani; Nurianto Rahmat Soepadmo; Ida Bagus Anggapurana Pidada
Politika Progresif : Jurnal Hukum, Politik dan Humaniora Vol. 1 No. 3 (2024): September : Politika Progresif : Jurnal Hukum, Politik dan Humaniora
Publisher : Lembaga Pengembangan Kinerja Dosen

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/progres.v1i3.545

Abstract

Indonesia is a constitutional democracy. The authority of the Constitutional Court in examining and deciding cases of disputes over the results of regional head elections has become an old song worked on by the Constitutional Court itself and the Constitutional Court has often withdrawn and canceled its authority in terms of disputes over the results of regional head elections and caused legal uncertainty related to regional head election issues. Then the Constitutional Court ruled that the articles petitioned by the Respondents were contrary to the 1945 Constitution and had no binding legal force. The Constitutional Court is authorized to hear disputes over the results of regional head elections as long as there is no law regulating this matter. Article 1 of Law No. 22/2017 on Regional Head Elections is included in the Election regime, which is carried out directly, publicly, freely, confidentially, honestly and fairly. It is rumored that the 2024 elections will be the cornerstone of the history of simultaneous national elections. This study aims to determine the role of the constitutional court in resolving direct election disputes and to determine the responsibility of special judicial bodies in direct election disputes.
Penegakan Hukum Terhadap Penyalahgunaan Sosial Media dalam Membangun Opini Publik pada Pemilu 2024 Fransiskus Nomor; Ida Bagus Anggapurana Pidada; Kadek Fredi Andrika Adnantara
Jembatan Hukum : Kajian ilmu Hukum, Sosial dan Administrasi Negara Vol. 1 No. 3 (2024): September : Jembatan Hukum : Kajian ilmu Hukum, Sosial dan Administrasi Negara
Publisher : Lembaga Pengembangan Kinerja Dosen

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/jembatan.v1i3.572

Abstract

Perpetrators and parties related to misuse of social media in general elections, such as spreading fake news or hoaxes and spreading hate speech, may be subject to criminal sanctions as stated in the provisions of the article of the law. The method used in preparing this research is normative juridical with a conceptual approach and a statutory approach, especially the ITE Law, the Criminal Code to further examine law enforcement regarding the misuse of social media in building public opinion in the 2024 General Election (Pemilu).In practice, Law concerning Information and Electronic Transactions itself is still not effective because it is seen as tending to limit freedom of expression and bias in its implementation. There are no standard standards for determining activities that can be considered misuse of social media. Law Number 7 of 2017 concerning General Elections does not regulate the anticipation of misuse of social media in general elections using a repressive approach or imposing criminal sanctions.
Tinjauan Yuridis Batas Usia Calon Wakil Presiden Dalam Putusan Mahkamah Konstitusi Ni Putu Sintya Lestari; I Nyoman Suandika; Ida Bagus Anggapurana Pidada
Konsensus : Jurnal Ilmu Pertahanan, Hukum dan Ilmu Komunikasi Vol. 1 No. 4 (2024): Agustus : KONSENSUS : Jurnal Ilmu Pertahanan, Hukum dan Ilmu Komunikasi
Publisher : Asosiasi Peneliti Dan Pengajar Ilmu Sosial Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/konsensus.v1i4.232

Abstract

The Constitutional Court's ruling on the age limit of a candidate vice president. With the results of research showing that, the regulation on a presidential candidate's age limit was less than 40 years later, it was only in the Act No. 7 of 2017 that the age limits of a vice president's candidate were 40 years. Since there are frequent changes in the age limit, it is necessary to clearly regulate the age of the candidate Vice President and harmonize the draft made by the House with the 1945 UUD to reduce the application for judicial review to the Constitutional Court.
Analisis Hukum Terhadap Pertanggungjawaban Tipikor Dana LPD Pada Seksi Tindak Pidana Khusus di Kejaksaan Negeri Karangasem Ni Putu Desi; Nurianto Rachmad Soepadmo; Ida Bagus Anggapurana Pidada
Konsensus : Jurnal Ilmu Pertahanan, Hukum dan Ilmu Komunikasi Vol. 1 No. 3 (2024): Juni: Jurnal Ilmu Pertahanan, Hukum dan Ilmu Komunikasi
Publisher : Asosiasi Peneliti Dan Pengajar Ilmu Sosial Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/konsensus.v1i4.282

Abstract

LPD is an institution in the financial services sector whose main activity is accepting deposits/savings and also deposits from the traditional village krame itself. In its management, LPD also functions as a place to borrow money or credit with conditions that are much lighter than other banking institutions but are intended for only specific to their own traditional village manners. In cases of criminal acts of corruption that have occurred so far, not only are they detrimental to state finances, but are also violations of the social and economic rights of society at large, so that criminal acts of corruption need to be classified as crimes whose eradication must be carried out in an extraordinary manner. Law enforcement agencies, such as the Corruption Eradication Committee, the police and the prosecutor's office, must always be alert in the process of investigating and handling corruption cases which are very widespread in Indonesia. Apart from that, to further guarantee legal certainty, avoid variations in legal interpretation and provide protection for the social and economic rights of the community, as well as fair treatment for members of criminal acts of corruption, it is necessary to make changes to Law Number 31 of 1999 concerning the Eradication of Criminal Acts. Corruption.
Perlindungan Hukum terhadap Pariwisata Cagar Alam dan Budaya di Bali Nofri Y Naihati; Ida Bagus Anggapurana Pidada
Jembatan Hukum : Kajian ilmu Hukum, Sosial dan Administrasi Negara Vol. 2 No. 3 (2025): September : Jembatan Hukum : Kajian ilmu Hukum, Sosial dan Administrasi Negara
Publisher : Lembaga Pengembangan Kinerja Dosen

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/jembatan.v2i3.2282

Abstract

Tourism is one of the most important economic sectors in the world, contributing significantly to state revenue and improving people's welfare. The tourism industry has grown rapidly in recent decades, with the number of international tourists continuing to increase. The general objective of this study is to develop a deeper knowledge and understanding of the impact of uncontrolled tourism on the sacredness of Bali's nature and culture, as well as strategies for developing sustainable tourism in Bali. The type of research used by the author in examining the problems in this study is normative juridical research. The conclusion of this study is a legal review of the protection of natural and cultural heritage in Bali Province is regulated in several laws and regulations such as Law No. 5 of 1990 concerning the Conservation of Biological Natural Resources and Ecosystems. In addition, cultural protection in Bali has also been regulated in several laws and regulations such as Law No. 11 of 2010 concerning Cultural Heritage. This legal review will also discuss the implementation of laws and regulations related to the protection of natural and cultural heritage in Bali. The Bali provincial government's policy on the protection of natural and cultural heritage, namely the policy on the protection of natural heritage is regulated in the Governor's Regulation or Pergub No. These include Law No. 97 of 2018 concerning the Limitation of Single-Use Plastic Waste, Governor Regulation No. 45 of 2019 concerning Bali Clean Energy, Governor Regulation No. 48 of 2019 concerning the Use of Battery-Based Electric Motorized Vehicles, and Governor Regulation No. 8 of 2019 concerning Organic Farming Systems. Cultural heritage protection policies are regulated by Law No. 10 of 2010 concerning Tourism, Regional Regulation No. 2 of 2023 concerning the Bali Provincial Spatial Plan (RTRWP), the Designation of Cultural Heritage Areas in Bali, such as Ulun Danu Batur Temple and Lake Batur, the Subak Cultural Landscape and Temples in the Pakerisan Watershed, and others.
Tinjauan Yuridis Penggunaan Rekaman CCTV sebagai Bukti dalam Perkara Pidana Nofrianto Adi Aryo Nope; Ida Bagus Anggapurana Pidada; Ni Made Rai Sukardi
JURNAL HUKUM, POLITIK DAN ILMU SOSIAL Vol. 4 No. 3 (2025): September: JURNAL HUKUM, POLITIK DAN ILMU SOSIAL
Publisher : Pusat Riset dan Inovasi Nasional

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55606/jhpis.v4i3.5528

Abstract

This study, entitled "A Legal Review of the Position of CCTV Recordings as Evidence in the Investigation and Proving of Criminal Cases (A Case Study at the Rembang Police Department and the Rembang District Court), aims to determine the position of CCTV recordings as evidence in the investigation and proving of criminal cases at the Rembang Police Department and the Rembang District Court. It also aims to identify the obstacles and solutions faced by the police and judges in the investigation and proving of criminal cases through CCTV recordings. The research method uses a sociological legal approach. Data sources were obtained through several stages, namely field research (interviews) and library research. Data analysis was carried out systematically, including data reduction, data presentation, and drawing conclusions. Based on the research results, it can be concluded that the position of CCTV recordings as evidence in the investigation and proving of criminal cases at the Rembang Police Department and the Rembang District Court is that CCTV recordings are intended to expedite and simplify the process in court proceedings, and are permissible as long as the process is conducted in a manner permitted by regulations and other legal norms. The solution to address this problem is to provide training for members in digital forensics and to seek assistance from the central government, namely the regional police, to bring in experts in the field of digital forensics.
Upaya Pemerintah Kabupaten Badung dalam Meminimalisir Kasus Bunuh Diri Kadek Agus Sudharma; Ida Bagus Anggapurana Pidada; Ida I Dewa Ayu Dwiyanti
JURNAL HUKUM, POLITIK DAN ILMU SOSIAL Vol. 4 No. 3 (2025): September: JURNAL HUKUM, POLITIK DAN ILMU SOSIAL
Publisher : Pusat Riset dan Inovasi Nasional

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55606/jhpis.v4i3.5529

Abstract

Suicide is the act of taking one's own life by various means, either directly or gradually. The Badung Regency Government is working to prevent suicides, particularly at the Tukad Bangkung Bridge in Pelaga Village, by improving and securing the bridge area and installing CCTV. The Badung Regency Government is ready to assist, particularly by financing the construction of safety fences to prevent further suicide attempts. This research certainly uses the Empirical-juridical legal research method, which is a research method in which the legal research method is carried out by analyzing the law from the perspective of statutory regulations, and also observing how the law is implemented or applied in reality in society, an approach in legal research that aims to understand and analyze the law. Based on the results of the research that has been carried out. The efforts of the Badung Regency Government in Minimizing Suicide Cases, the qualifications for the act of ending one's own life or suicide in Article 345 of the Criminal Code state that "Anyone who intentionally encourages another person to commit suicide, encourages him in that act, shall be punished with imprisonment for 4 years, if that person commits suicide" Based on Article 345 of the Criminal Code.