Articles
Tinjauan Yuridis terhadap Tindak Pidana Pungutan Liar (Pungli)
I Wayan Arsa Yogi Wiguna;
I Nyoman Sujana;
I Nyoman Gde Sugiartha
Jurnal Preferensi Hukum Vol. 1 No. 2 (2020): Jurnal Preferensi Hukum
Publisher : Warmadewa Press
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DOI: 10.22225/jph.1.2.2351.139-144
In the community, it is often heard about illegal fees which are a form of criminal act. This study aims to determine the regulation of illegal levies (Pungli) based on Regional Regulation No. 8/2010 concerning levies, creations and sports and to determine the imposition of criminal sanctions against perpetrators who commit illegal extortion (Pungli). The research method used is the normative research method, primary and secondary legal material sources, records of statutory books and other literature are carried out to collect data, and analysis of legal materials using legal arguments. The results of this study indicate that the regulation of corruption is implied in the formulation of corruption in several articles including Article 423 of the Criminal Code referred to in Article 12 of Law Number 31 Year 1999 as a criminal act of corruption, which is then reformulated in Law Number. 20 of 2001 concerning the crime of corruption. Legal sanctions against extortion consist of social sanctions and criminal sanctions. The law on corruption is stated in it regarding the crime of extortion.
Association between neutropenia and death rate of bacterial neonatal sepsis
Elly Noer Rochmah;
Ekawaty Lutfia Haksari;
Sri Mulatsih
Paediatrica Indonesiana Vol 48 No 5 (2008): September 2008
Publisher : Indonesian Pediatric Society
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DOI: 10.14238/pi48.5.2008.284-7
Background Neonatal sepsis remains a crucial problem with highmorbidity and mortality. Not less than four million neonates dieevery year, 99% of which occur in developing countries withinfection as the main cause (36%) of death. The prognosticfactors of bacterial neonatal sepsis vary. However the death ratein neonatal sepsis with neutropenia is suspected to be higher thanthat in non-neutropenic condition.Objectives The purpose of this study was to identify whetherneutropenia would increase the death risk of bacterial neonatalsepsis.Methods We conducted a retrospective cohort study. Subjectswere neonates at Instalasi Maternal Perinatal (IMP) of Dr. SardjitoHospital in Yogyakarta who met the eligibility criteria. Duringthe five-year period Qanuary 2002- January 2007), out of 1821cases of suspected neonatal sepsis, 365 (16.7%) were found tohave bacterial cause in the culture of body's fluid (blood, urine,and cerebrospinal). Out of these 16.7% patients suffering fromneutropenia, 39.6% patients died, whereas 9.1 o/o patients weresurvive [RR 4.72, (95% CI: 2.49 to 8.93), P < 0.01].Conclusion Neonates suffering bacterial sepsis with neutropeniahad death risk 4.7 times higher than those who did not haveneutropenia.
Perlindungan Hukum terhadap Anak yang Menjadi Korban Tindak Pidana Persetubuhan di Bawah Umur
Agustinus Yitsak Mannuel Kapitan;
I Made Sepud;
I Nyoman Sujana
Jurnal Preferensi Hukum Vol. 1 No. 2 (2020): Jurnal Preferensi Hukum
Publisher : Warmadewa Press
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DOI: 10.22225/jph.v1i2.2369
Legal protection is a legal effort that must be provided by law enforcement officials to provide a sense of security to the community both body and soul from interference and threats from any party. The protection of children who are victims of moral crimes is regulated in Law Number 23 of 2002 jo and Law Number 35 of 2014 concerning Child Protection. This research was conducted with the aim of describing the legal protection of a child who is the victim of criminal acts of sexual intercourse and the criminal sanctions against the perpetrators of the sexual intercourse crime on a child. This research was conducted using the normative legal research method. Based on the results of the research and discussion, the legal protection for children who are victims of criminal acts of intercourse is regulated in Law No. 35/2014. Children who are victims are given protection in the form of medical assistance, psycho-rehabilitation, the right to restitution, the right to compensation. Criminal sanctions against the perpetrator of the criminal act of child sexual intercourse in decision number 58 / Pid.Sus / 2015 / PN.Tab, the perpetrator was sentenced to 7 (seven) years in prison and a fine of 150,000,000.00. Seeing the perpetrator's actions were very cruel, robbing other people's honor, namely his own daughter, the punishment that should be given to the perpetrator is the maximum punishment. If the fine cannot be paid, the defendant's sentence will be increased to 6 (six) months.
Penegakan Hukum Pidana Internasional dalam Kejahatan Perang terhadap Kemanusiaan
Fadil Muhammad;
Luh Putu Sudini;
I Nyoman Sujana
Jurnal Preferensi Hukum Vol. 1 No. 2 (2020): Jurnal Preferensi Hukum
Publisher : Warmadewa Press
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DOI: 10.22225/jph.1.2.2381.88-92
War is a condition in which one party subdues its opponent to fulfill his will, a physical or non-physical act between two or more human groups to dominate. The formulation of the problem of this research is how the role of International Criminal Law on law enforcement in war crimes against humanity and how the state responsibility in war crimes against humanity in International Criminal Law. This research method uses the type of normative legal research by doing the assessment based on legal materials of the literature and is a process to find the rule of law, legal principles, and legal doctrines to answer the legal issues faced. War crimes and crimes against humanity are two types of international crimes that exist in twenty international criminal types designed by ILC (International Law Commission) to design the establishment of an international criminal tribunal. The conclusion of this study is the role of International Criminal Law in war crimes against humanity can be concluded that is contained in conventions contained in International Humanitarian Law contains only command or prohibition only but international criminal law have role in giving criminal sanction against violation of command or prohibition that and the state's responsibility in international criminal law can be an obligation to prosecute international criminal offenders encountered in various instruments of International Law. The form of state responsibility under the Rome Statute is that States Parties shall have two main obligations: States Parties shall bring each perpetrator of genocide, crimes against humanity, criminal acts of war and criminal acts of aggression before the courts and the participating States in imposing their jurisdiction in enforcement of International Criminal Law must cooperate fully in the enforcement of International Criminal Law.
Tindak Pidana Pembunuhan yang Dilakukan oleh Anak
Gede Widya Arsana;
I Made Sepud;
I Nyoman Sujana
Jurnal Preferensi Hukum Vol. 1 No. 2 (2020): Jurnal Preferensi Hukum
Publisher : Warmadewa Press
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DOI: 10.22225/jph.1.2.2386.186-190
School students are the future generation who still need guidance; if they are failed to be guided, there will be an upheaval in their inner selves that is delinquency, which may turn into a criminal act, like murder. The backgrounds of problems are formulated as follows: 1). what is the judge's consideration in deciding cases of murder committed by the child? 2) How criminal sanctions are imposed on a child? This research uses normative legal research methods. The results show that the rationale judgment of the judges in imposing punishment to the juvenile was merely based on the action of crime committed by the children. The judges only perform their obligations under the Act that has been established and which they assume the verdict was fair for the society and the family victim. However, the judges failed to assume the negative impact of criminal penalties of 10 (ten) years of imprisonment sentenced to the children. It was clear that the judges tend to apply juridical considerations in decision making process. While they did consider the non-juridical considerations in decision Number 22/Pid.Sus.Anak/2016/PN.Tjk which actually should be based on sociological, psychological, criminological, and philosophical of the juveniles. The researcher suggests that: 1) The judges must consider and reconsider the punishment of 10 years imprisonment which may lead to mental decline in children because they are still relatively; 2) The judges shall reconsider the impact that would occur in children as they are living for 10 years in prison.
Perlindungan Hukum terhadap Anak sebagai Pelaku Pelecehan Seksual Menurut UU No. 35 Tahun 2014
Desi Nellyda;
I Nyoman Sujana;
Luh Putu Suryani
Jurnal Preferensi Hukum Vol. 1 No. 2 (2020): Jurnal Preferensi Hukum
Publisher : Warmadewa Press
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DOI: 10.22225/jph.1.2.2392.62-66
This thesis is titled “Legal Protection Toward Child As Offenders Of Sexual Harassment, According Indonesian Law No. 35 Year 2014”. The writing uses normative research method, by using statue approach and conceptual approach. The problem formulations are: (1) The shape of legal protection toward child as offenders of sexual harassment ; (2) The imposition of criminal sanctions against ch ild who commit sexual abuse. By reviewing the law research done by using the proposed studi above, it can be concluded that the first problem formulation related to the shape of legal protection toward child as offenders of sexual harassment according Indonesian Law No. 35 Year 2014 about the change of the Law No. 23 Year 2002 about Child Protection, the child has a right to accompanied by advocate during the process of investigation. Meanwhile, the second formulation will discuss the imposition of criminal sanctions against child who commit sexual abuse which have been regulated at the Article 82 Indonesian Law No. 35 Year 2014 about the change of the Law No. 23 Year 2002 about Child Protection. Depend on the Article 82 the offenders can be sentenced to prison the shortest 5 (five) years and the longest 15 (fifteen) years and a maximum fine of Rp. 5.000.000.000,00 (five billion dollars).
Kewenangan Pemerintah Kabupaten Gianyar dalam Pengaturan Administrasi Penduduk Pendatang
Bayu Angga Saputra;
I Nyoman Putu Budiartha;
I Nyoman Sujana
Jurnal Preferensi Hukum Vol. 1 No. 2 (2020): Jurnal Preferensi Hukum
Publisher : Warmadewa Press
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DOI: 10.22225/jph.1.2.2394.111-115
Considering that the increasing number of migrants from year to year always shows an increase so that it has an impact such as order, peace and security of the people and until now there is no legal basis to prohibit migrants from coming to Bali and Gianyar in particular, in this case there is an empty norm that is not yet rules that can be used as a legal basis for prohibiting people from entering Bali, the local government of Bali Province takes steps to restructure and control immigrants through the registration policy of immigrants in the Province of Bali with the Governor's Letter No. 470/7587 / B. Tapem about guidelines for registering newcomers. The problem in this study is: how the authority of the Gianyar Regional Government in carrying out orderly administration of the migrant population in Gianyar Regency and what sanctions are imposed on the immigrant population who do not carry out orderly administration in Gianyar Regency.This type of research is Juridical Empirical, considering this study uses data or facts in the field and is reviewed based on the laws and regulations related to the issues raised. The results of the discussion in this study are as follows: Gianyar Regency has the authority in carrying out orderly administration of the migrant population in Gianyar regency this can be seen from the provisions in the Gianyar Regency Regulation Number 1 of 2002 in Article 2 of every population movement, temporary occupation and mandatory seasonal population registered with the local Village Head. Administrative sanctions given to immigrant residents who do not make KTP or Kipem for more than 3 months are not given administrative services forever so that they cannot stay permanently or temporarily in the Gianyar Regency.
Penegakan Hukum terhadap Penyalahgunaan Narkotika
Made Ratih Pradnyantari;
I Gusti Bagus Suryawan;
I Nyoman Sujana
Jurnal Preferensi Hukum Vol. 2 No. 1 (2021): Jurnal Preferensi Hukum
Publisher : Warmadewa Press
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DOI: 10.22225/jph.2.1.3043.11-15
Narcotics misappropriations have the bad impacts for nation generation continuance. The anticipation needs cooperation from all society elements, such as family, every education stages until universities and government must be united on narcotic. Prevention efforts in environment around them. The aims of this research are as follows: 1. To find out the steps which are applied by low enforcement in against narcotics misappropriation, 2. To find out and understand about doubt imposition which is did by the users of narcotics misappropriation. The law object source of this research is primary and secondary law object, the technique of accumulating is using document regristration method and recite the law regulations which are related to the problem and analysis by using descriptive qualitative.From the result of observation and researsech, the step that all of society element in narcotic prevention efforts in society environment, such as: 1. Promotive method, 2. Presentative method, 3. Repressive method, 4. Curative method, 5. Rehabilation. Criminal doubt is given for the narcotics addict who is walk on punishment period in jail, where as the action doubt is given for narcotics addict who become as a victim. Therapy and treatment will held as the rehabilition facilities.Government as policy taker is expected can formulate laws and regulations which are more binding in controlling and production of narcotics in Indonesia, and there is needs socialiscation and eludication about the impact of narcotics misappropriation.
Outcome predictors in patients with juvenile idiopathic arthritis receiving intraarticular corticosteroid therapy
Anindya Diwasasri;
Sumadiono Sumadiono;
Sri Mulatsih
Paediatrica Indonesiana Vol 59 No 5 (2019): September 2019
Publisher : Indonesian Pediatric Society
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DOI: 10.14238/pi59.5.2019.237-43
Background Juvenile idiopathic arthritis (JIA) is the most common chronic rheumatic disease in children. It can continue into adulthood and cause severe joint damage, resulting in disability and decreased quality of life. Objective To determine the predictors of clinical outcomes in JIA patients receiving intra-articular corticosteroid injections (IACS). Methods We conducted a retrospective cohort study of children with JIA receiving IACS therapy in Dr. Sardjito General Hospital from 1 January 2012 to 31 December 2017 by reviewing data from medical records. The dependent variables were disabilities and early remission time. Independent variables included age at diagnosis, JIA subtype, duration of disease at first diagnosis, timing of IACS, exposure to oral systemic therapy, as well as anti-nuclear antibodies (ANA), rheumatoid factor (RF), erythrocyte sedimentation rate (ESR), and C-reactive protein (CRP) test results. External variables were gender and nutritional status. Results Of 36 patients who received intraarticular corticosteroid injections, 28 (77.8%) experienced remission, and 16 (50%) experienced disabilities. Female subjects (OR 5.296; 95%CI 1.143 to 24.548; P=0.027) and subjects with ESR >26 mm/h (OR 2; 95%CI 1.259 to 3.170; P=0.043) were more likely to have disabilities. Use of oral corticosteroids for ≤3 months and IACS treatment ≤ 3 months after diagnosis were predictors of early remission time (OR 6.897; 95%CI 1.869 to 25 and OR 3.290; 95%CI 1.195 to 9.091, respectively). However, only oral corticosteroid had a significant correlation in multivariate analysis. Conclusion Female gender and ESR > 26 mm/h predict disabilities in JIA patients receiving IACS. Duration of oral corticosteroid ≤3 months and early IACS within 3 months of diagnosis correlate to earlier remission time. Shorter duration of oral corticosteroid is the only significant predictor for earlier remission time in JIA patients receiving IACS therapy.
LIFE CYCLE ASSESSMENT PADA SISTEM PENGELOLAAN SAMPAH DI WILAYAH SARBAGITA, BALI
Made Gunamantha
Purifikasi Vol 11 No 1 (2010): Jurnal Purifikasi
Publisher : Department of Environmental Engineering-Faculty of Civil, Environmental and Geo Engineering. Institut Teknologi Sepuluh Nopember, Surabaya
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DOI: 10.12962/j25983806.v11.i1.183
The requirement of reliable and scientific based data with more information has induced requirement of decision making tool for solid waste management. This study used life cycle assessment (LCA) methodology as environmental analysis tool for comparing different scenarios for municipal solid waste management. The scenarios which were considered in this study included: landfilling without energy recovery as a representative of existing solid waste management, landfilling with energy recovery, combination of incineration and anaerobic digestion, combination of gasification and anaerobic digestion, direct incineration, and direct gasification. A case study in SARBAGITA region in the Province of Bali is discussed. One tonne of treated solid waste was defined as a functional unit of the systems studied. The Life Cycle Inventory (LCI) analysis was done by including field and laboratory survey to characterize solid waste in area study and using emission factors which were adopted from literature to estimate environmental burdens for each scenario. The inventory results were classified into impact categories, i.e. global warming, acidification, eutrophication, and photochemical oxidant formation. The indicators of categories were quantified by using the equivalence factors of relevant emissions to determine the potential of environmental impact in each scenario. Results of the study showed that in all of the impact categories, the direct gasification scenario had the best environmental profile. A sensitivity analysis was also conducted to examine changes in outcomes of a variety of organic bio-waste inputs, which had no significant effect on the overall results.