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All Journal Jurnal Hukum, Politik dan Ilmu Sosial (JHPIS) Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora (JURRISH) Mutiara : Jurnal Ilmiah Multidisiplin Indonesia
Ida I Dewa Ayu Dwiyanti
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Humanities Economics, Econometrics & Finance Education Environmental Science Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Social Sciences Other

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Penegakan Hukum terhadap Tindak Pidana Pencurian berdasarkan Putusan Nomor 60/PID.B/2024/PN Amlapura Ni Ketut Ratih Ganeshwari Jaya; Ni Ketut Wiratny; Ida I Dewa Ayu Dwiyanti
Mutiara: Jurnal Ilmiah Multidisiplin Indonesia Vol. 3 No. 3 (2025): JIMI - JULI
Publisher : PT. PENERBIT TIGA MUTIARA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61404/mutiara.v3i3.423

Abstract

This study examines the enforcement of criminal law in relation to the offense of aggravated theft as adjudicated in the District Court Decision of Amlapura No. 60/PID.B/2024/PN Amlapura, wherein the Defendant, Jana alias Tobi, was found legally and convincingly guilty of committing aggravated theft as stipulated under Article 363 paragraph (1) point 4 of the Indonesian Penal Code (KUHP). The objective of this research is to analyze the application of criminal law in the aforementioned case, with a particular focus on two principal legal issues: (1) how law enforcement was implemented in the case in question, and (2) how the judicial decision aligns with the foundational legal principles of justice, legal certainty, and utility. The research employs a normative juridical method with a descriptive-analytical approach, and utilizes both the theory of law enforcement and the theory of criminal acts as the conceptual framework. The findings indicate that all elements of the criminal offense under Article 363 paragraph (1) point 4 of the Penal Code were fulfilled, and that the panel of judges duly considered both aggravating and mitigating factors in a balanced manner. Nonetheless, further analysis reveals that the Defendant’s role in the commission of the offense was more auxiliary in nature, thereby suggesting that the normative application of Article 55 of the Penal Code would have been more appropriate. This misapplication of legal provisions potentially gives rise to substantive injustice and opens the possibility for further legal remedies. The study concludes that although the formal procedures of law enforcement were conducted in accordance with prevailing legal standards, there exists a substantive deficiency in the identification of the perpetrator’s role, which adversely affects the overall fairness of the verdict. The novelty of this research lies in its critical analysis of the accuracy of judicial application of substantive criminal norms and the imperative of rigorous judicial reasoning in sentencing, aimed at reinforcing the integrity and consistency of the Indonesian criminal justice system.
Implementasi Putusan Hakim pada Perkara No.148/Pdt.G/2024/Pn Tab.Sengketa Tanah di Desa Antapan Kabupaten Tabanan Wayan Agus Kertiyasa; I Made Mulyawan Subawa; Ida I Dewa Ayu Dwiyanti
Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora Vol. 4 No. 4 (2025): JURRISH: Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora
Publisher : Pusat Riset dan Inovasi Nasional

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55606/jurrish.v4i4.6543

Abstract

Indonesia is a country that highly upholds the law, this is stated in the 1945 Constitution of the Republic of Indonesia. In line with these provisions, one of the important principles of a state based on law is the guarantee of equality for everyone faced with the law. The emergence of legal disputes related to land begins with objections related to claims for land rights, both regarding land status, priority and ownership, with the hope of obtaining administrative resolution in accordance with applicable provisions. The problem raised in this study is about court decision no. 148 / pdt.g / 2024 / pn in Tabanan. This study uses an empirical legal research method, namely research with field data as the main data source, such as interview results and observations. In addition, this research is also supported by normative data sourced from books and legislative studies. The purpose of this study is In general, this report aims to provide an overview of the settlement of criminal acts of court decisions in Tabanan. Based on the formulation of the problem How is the Implementation of Decision No.148/Pdt.G/2024/PN.Tab Regarding the Validity of Land Ownership Certificates, What legal remedies can be taken by legitimate heirs in the event of cancellation of the transfer of land ownership certificates. The results of the research conducted. It is known that the lack of concreteness of the Tabanan District Court's decision so that the settlement of civil cases is still ongoing, in process or ongoing, so far the parties involved are still trying to find a solution by collecting evidence and witnesses to resolve land disputes in Tabanan, the author concludes that the court has a central role in deciding cases and the author also advises all people before making land purchases and sales to check the completeness of documents, for example certificates.  
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.
Co-Authors I Made Mulyawan Subawa Ida Bagus Anggapurana Pidada Kadek Agus Sudharma Ni Ketut Ratih Ganeshwari Jaya Ni Ketut Wiratny Wayan Agus Kertiyasa