Article Per Year (5 Year)
p-Index From 2021 - 2026
0.61
P-Index
This Author published in this journals
All Journal Pena Justisia: Media Komunikasi dan Kajian Hukum Jurnal Hukum Legalita
Gorda, AAA Ngurah Tini Rusmini
Unknown Affiliation
Law, Crime, Criminology & Criminal Justice

Published : 2 Documents Claim Missing Document
Claim Missing Document
Check
Articles

Found 2 Documents
Search

 1 
Kedudukan dan Perlindungan Hukum terhadap Bendesa Adat sebagai Subjek dalam Operasi Tangkap Tangan Cahyani, Putu Rita; Antari, Putu Eva Ditayani; Darma, I Made Wirya; Gorda, AAA Ngurah Tini Rusmini
Legalita Vol 7 No 2 (2025): Jurnal Hukum Legalita
Publisher : Universitas Muhammadiyah Kotabumi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47637/legalita.v7i2.1971

Abstract

This study analyzes the position and legal protection of the Bendesa Adat as a subject in a Sting Operation (OTT). As the highest leader in Balinese traditional villages, the Bendesa Adat holds strategic roles in administration, resource management, and traditional ceremonies. Despite this authority, the Bendesa Adat remains bound by national law and may become the subject of law enforcement in cases of suspected abuse of power or criminal acts. The research employs a normative juridical method with a qualitative descriptive approach, using primary legal sources such as Law No. 6 of 2014 on Villages, the Criminal Procedure Code, laws governing the Corruption Eradication Commission, the Police, the Attorney General, regional regulations on traditional villages, and relevant legal literature. The analysis focuses on three aspects: the Bendesa Adat’s legal position, the OTT mechanism, and the protection of human rights. Findings show the Bendesa Adat has a dual position as a strategic traditional leader and a legal subject under national regulations. While OTT is an effective enforcement mechanism, it must respect socio-cultural norms to preserve community stability. Legal safeguards, including the right to counsel and due process, are essential to balance law enforcement with respect for customary law
Effectiveness of Correctional Institution (BAPAS) Guidance Towards The Fulfillment Of Children's Rights as Murder Perpetrators (Decision Number 19/Pid.Sus-Anak/2022/Pn Dps) Gorda, AAA Ngurah Tini Rusmini; Lestari, Dewi Novita; Kurniawan, I Gede Agus
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 23 No. 1 (2024): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v23i1.5750

Abstract

Children need special attention and protection to support optimal physical, mental, and social growth and development. In the legal context, handling children involved in criminal acts, including murder, requires a different approach from adult perpetrators. Law Number 11 of 2012 concerning the Juvenile Criminal Justice System (UU SPPA) regulates special treatment for children in conflict with the law, with the Correctional Center (Bapas) as a strategic institution in protecting children's rights. This study aims to analyze the effectiveness of the Bapas' role in assisting children who have committed the crime of murder, especially in the case of Decision Number 19/Pid.Sus-Anak/2022/PN Dps. The research method used is an empirical design through interviews with judges at the Denpasar District Court, Bapas Class I Denpasar officers, and informants at the Karangasem Class II Juvenile Correctional Institution. The results of the study indicate that Bapas plays a strategic role in providing legal assistance, community research (litmas), and mediation that prioritizes restorative justice-based resolution. This role aims to ensure that children's rights are protected and children are treated fairly without discrimination, in accordance with Article 1 Paragraph (8), Article 3, and Article 64 of the SPPA Law. The effectiveness of assistance is determined by the professionalism of officers, policy support, and synergy with families and communities. This study emphasizes the importance of an approach based on the principle of the best interests of children in ensuring the fulfillment of children's rights during the legal process, while supporting their rehabilitation and social reintegration.
Co-Authors Antari, Putu Eva Ditayani Cahyani, Putu Rita I Gede Agus Kurniawan I Made Wirya Darma Kurniawan , I Gede Agus Lestari, Dewi Novita Rahayu, Ni Kadek Putri Sita