Articles
Penegakan Hukum terhadap Penyalahgunaan Tindak Pidana Narkotika
I Gede Darmawan Ardika;
I Nyoman Sujana;
I Made Minggu Widyantara
Jurnal Konstruksi Hukum Vol. 1 No. 2 (2020): Jurnal Konstruksi Hukum
Publisher : Warmadewa Press
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DOI: 10.22225/jkh.1.2.2569.286-290
Drug abuse from year to year has always been increasing, not only in adults but also among adolescents and children. The cause of this abuse consists of two factors, namely internal and external factors. With these problems, this study aims to determine the regulation of criminal sanctions against narcotics abuse and to find out the application of criminal sanctions against narcotics abuse. This research uses the normative method. Sources of data used are sources of secondary legal materials obtained through document, and analysis of legal materials using legal arguments. The results of the study show that the sanctions against narcotics abuse are regulated in Law Number 35 of 2009 concerning Narcotics Articles 111 to 148. Then, criminal sanctions against narcotics abuse are in the form of imprisonment and fines. The criminal system against narcotics abusers uses a double track system, namely implementing criminal sanctions and sanctions for action at once
Perlindungan Hukum terhadap Korban Penipuan Jual Beli Online
Bagus Andi Dwi Prakoso;
I Nyoman Sujana;
Luh Putu Suryani
Jurnal Konstruksi Hukum Vol. 1 No. 2 (2020): Jurnal Konstruksi Hukum
Publisher : Warmadewa Press
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DOI: 10.22225/jkh.1.2.2591.266-270
Currently, the internet is often used as a means of trading in Indonesia, which often leads to cybercrime crimes, from fraud in trading to fraudulent objects of buying and selling online, requiring legal preservation. What is the form of legal preservation of the object of fraud in online trading? How do criminal sanctions for fraudsters roll out online? These two questions are the problems examined in this study. This study was designed using a normative legal research design. The results of research and assessment can be concluded that legal protection for victims of online buying and selling fraud is essentially carried out by non-penal and penal channels. Legal protection using the penal line can be realized through repressive measures, and non-penal through preventive measures. In repressive actions, objects can be reported by visiting legal institutions for further processing. In a preventive measure, outreach is held about legislation and legal understanding of the ways and culture of using technology so that there is no response to requests for information via e-mail. Matters that affect legal protection for victims of online bladder selling are aimed at the lack of proper facilities and infrastructure, namely the inadequate extension of statutory regulations related to cybercrime to the public. Quality of law enforcement officers and the culture of the people who are not interested in making reports and testimonies. Fraud in trading with online media within the scope of legal regulations has been regulated using positive law in Indonesia, namely in the Criminal Code and the Electronic Information and Technology Law (UU ITE). Although the Law has not been able to deter all the perpetrators concerned, seeing the Principle of Legality in Article 1 of the Criminal Code and the opinion of criminal experts that online defamation is a crime, and therefore it is definitely against the law. Then it must be held accountable for the actions when it is done.
Implementasi Peraturan Daerah Provinsi Bali Nomor 16 Tahun 2009 Tentang Rencana Tata Ruang Wilayah Provinsi dalam Penguasaan dan Pemanfaatan Wilayah Pesisir
Ni Wayan Kertiasih;
I Made Suwitra;
I Nyoman Sujana
Jurnal Konstruksi Hukum Vol. 1 No. 2 (2020): Jurnal Konstruksi Hukum
Publisher : Warmadewa Press
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DOI: 10.22225/jkh.1.2.2629.436-442
This research aims to analyze the implementation of local regulations regarding Bali province Number of 16 2009 about Spatial Plan Area of Bali in the mastery and the utilization of the coastal area associated with mastery and authority utilization over the coastal areas as well as analyzing the related strategies of mastery and the utilization of the coastal area. The type of research used in the form of empirical legal research, using the approach the approach to legislation, a legal concept analysis approach, the approach of anthropological approach and the case law. The data source of this research was obtained from primary data and secondary data, collected with the stages through the interview techniques and engineering studies and subsequent documents processed and analyzed qualitatively with systematic way, classified in the pattern and themes, classified, connected between each other, to understand the significance of data interpretation in social situations, and the interpretation of the overall data quality. Research results show that the authority of the mastery and the utilization of the coastal area after the passage of the ACT Government is the authority of the Central Government and the regional Government of the province which is practically given delegates to the district/city Governments overseeing the mastery and its utilization by local community. Setting against the mastery and the utilization of the coastal area of Bali should be established with local regulations, and as it is known that these provisions (RZWP3K settings) are still in the drafting stage so that the top recommendations submission of mastery and the utilization of the coastal area in the province of Bali has yet to be implemented effectively.
Perlindungan Hukum terhadap Pengguna Jasa Angkutan Sewa Umum di Provinsi Bali
Made Bayu Anggara;
I Nyoman Sujana;
Ni Made Puspautari Ujianti
Jurnal Konstruksi Hukum Vol. 2 No. 1 (2021): Jurnal Konstruksi Hukum
Publisher : Warmadewa Press
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DOI: 10.22225/jkh.2.1.2988.165-169
Transportation is a very important field of activity in providing transportation services. The need for transportation (public transportation) is increasing, urban areas are expanding where the pattern of movement has covered the inter-region of Bali Province. Transportation of people with motorized vehicles that do not have a route is regulated by Regulation of the Minister of Transportation Number 108 of 2017 concerning the Implementation of transportation of people with public motorized vehicles that are not on routes. This study aims to analyze the implementation procedures for the implementation of public rental transportation in Bali Province and how the legal protection for public rental transportation service users in Bali Province. This study uses normative legal research methods, namely by examining library legal materials or primary materials and secondary data. The approach used is a statutory approach. The results showed that the regulation on consumer protection has been regulated in Law Number 8 of 1999 concerning consumer protection, hereinafter referred to as UUPK. Legal protection for users of public rental transportation services has referred to Law Number 8 of 1999 concerning consumer protection whereas business actors should provide the best service to consumers for the sake of mutual comfort and good.
Kedudukan Bank Indonesia (BI) sebagai Pemohon Pailit Setelah Berdirinya Otoritas Jasa Keuangan (OJK)
I Komang Mudita Mudita;
I Nyoman Sujana;
Desak Gde Dwi Arini
Jurnal Interpretasi Hukum Vol. 1 No. 2 (2020): Jurnal Interpretasi Hukum
Publisher : Fakultas Hukum, Universitas Warmadewa
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DOI: 10.22225/juinhum.1.2.2433.46-51
In its development banking institutions play a very important role and Act Number 3 of 2004 concerning About Bank Indonesia. After the birth of Law Number 21 of 2011 concerning the Financial Services Authority. It is very interesting to study. What are the considerations taken by Bank Indonesia as a Bankrupt Petitioner after the existence of the Financial Services Authority and What is the Role of Bank Indonesia in Resolving Bankrupt Requests Against Banks. In this study the author uses the type of normative research from primary legal sources secondary legal materials. Article 2 paragraph (3) No. 37 of 2004 concerning Bankruptcy and Suspension of Debt Payment Obligations gives Bank Indonesia sole authority to submit bankruptcy applications to banks as creditors. the results of this study indicate that the authority to submit bankruptcy bank applications after the establishment of the Financial Services Authority the Financial Services Authority is to take into account whether the banks status has a systemic impact when the bank is filed for bankruptcy statements. The Financial Services Authority in this case can request consideration with Bank Indonesia about systemic impact of a bank. But the fact is Bank Indonesia still has authority of macropudentials
Akibat Hukum Perjanjian Kawin terhadap Pihak Ketiga dalam Perspektif Putusan Mahkamah Konstitusi No. 69/PUU-XIII/2015
Putu Trisna Witariyani;
I Nyoman Sujana;
Ni Made Puspasutari Ujianti
Jurnal Interpretasi Hukum Vol. 2 No. 1 (2021): Jurnal Interpretasi Hukum
Publisher : Fakultas Hukum, Universitas Warmadewa
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DOI: 10.22225/juinhum.2.1.3105.207-211
Property problems in marriage often occur. With this, the couple can make a marriage agreement for those who want to separate their marital assets. One of the marriage agreement arrangements, which is mentioned in paragraph (1), namely in Article 29 of Law Number 1 of 1974 concerning marriage states that a marriage agreement can be made before the marriage takes place and binds a third party as long as the third party is involved. However, after the issuance of the Constitutional Court Decision No. 69 / PUU-XIII / 2015 the arrangement of the agreement in marriage has changed. This study aims to determine the arrangement of the marriage agreement after the Constitutional Court Decision No. 69 / PUU-XIII / 2015 and knowing the legal consequences for third parties with the existence of a marriage agreement after the issuance of the Constitutional Court Decision No. 69 / PUU-XIII / 2015. The research method used is the Normative research method where the assessment is based on legal materials from the existing literature. The results of the analysis show that the marriage agreement arrangements have changed since the Constitutional Court Decision, where the amendment is that the marriage agreement can be made before or after marriage, applies after marriage unless the parties determine otherwise, and also the marriage agreement can be changed and revoked according to the agreement of the husband and wife. . If the agreement in marriage is registered, the agreement will be enforced for the third party. Couples who want to make a marriage agreement should follow the existing rules so that the marriage agreement is valid and does not harm third parties.
Sanksi Pidana oleh Tindak Pidana Mengedarkan Simpanan Farmasi Kosmetika Tanpa Izin Edar (Studi Kasus Putusan Pengadilan Negeri Denpasar No. Perkara 491/Pid.Sus/2018/PN DPS)
Rafael Aza Pramesuari;
I Nyoman Sujana;
Diah Gayatri Sudibya
Jurnal Interpretasi Hukum Vol. 2 No. 1 (2021): Jurnal Interpretasi Hukum
Publisher : Fakultas Hukum, Universitas Warmadewa
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DOI: 10.22225/juinhum.2.1.3107.218-222
This study aims to identify and explain criminal sanctions for cosmetic producers or sellers who do not have this distribution license. The type of research used is normative legal research by analysing cases using the Denpasar District Court Decision Case Number 491/Pid.Sus /2018/ PN DPS. This study uses a statutory approach by examining all laws related to this case, conceptually by combining the opinions of experts so that it becomes the author's legal argument, and the case approach is by using a court decision. The results of the study show that there must be elements that indicate that a person has committed a criminal act, and in this writing there are 3 (three) elements that explain that the defendant committed a criminal act. Imposition by the criminal sanction of distributing cosmetic pharmaceutical deposits that do not obtain a distribution permit as regulated in Law Number 36 of 2009 concerning health is regulated in articles 197-201. In this case, the Panel of Judges considered Article 197, namely a maximum imprisonment of 10 (ten) years and a maximum fine of 1,000,000,000 (one billion rupiah). However, the defendant here does not need to undergo the sentence unless later there is another order from the Judge's decision that he has been guilty of committing a criminal act during the probation period has not ended.
Perlindungan Hukum Terhadap Anak Sebagai Perantara Narkotika (Study Putusan No.14/Pid.Sus Anak.2015/PN.Dps)
Rezky Ayu Saraswati;
I Nyoman Sujana;
Diah Gayatri Sudibya
Jurnal Interpretasi Hukum Vol. 2 No. 1 (2021): Jurnal Interpretasi Hukum
Publisher : Fakultas Hukum, Universitas Warmadewa
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DOI: 10.22225/juinhum.2.1.3108.195-199
The rise of drug trafficking involving children as narcotics couriers is a problem that needs serious attention from both the government, law enforcement and the community. Children who commit crimes must continue to obtain legal protection in the best interests of the child. Child protection is contained in Law number 11 of 2012 concerning the juvenile justice system, where at the moment children can become narcotics abuse even as narcotics brokers with the rampant abuse of narcotics for all circles both in Indonesia and in the international world. The formulation of the problem raised is how is the basis for judges' consideration in imposing criminal sanctions on children as intermediaries for narcotics? And what is the legal protection of children as an intermediary for narcotics? The problems to be discussed will be examined based on normative perspectives and the legislative approach to the decisions of the Denpasar District Court No. 14 / Pid.Sus Anak / 2015 / PN. Dps, that the judge considers that the accused child has committed narcotics crimes by being charged Law number 35 of 2009 concerning narcotics, which can be sentenced to a minimum of 5 years and a maximum of 20 years and can be subject to fines. Legal protection for children is carried out by judges by imposing criminal training on employment in a generation of Indonesian foundations, solely so that children can carry out their activities as usual when they return to the community and do not disturb their psychic rights and can increase their skills in children. The child does not return to committing a crime.
Transaksi Jual Beli Produk Impor Telematika dan Elektronika dalam Perspektif Undang
Putu Wilang Pra Yoga;
I Nyoman Sujana;
Ida Ayu Putu Widiati
Jurnal Interpretasi Hukum Vol. 2 No. 2 (2021): Jurnal Interpretasi Hukum
Publisher : Fakultas Hukum, Universitas Warmadewa
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DOI: 10.22225/juinhum.2.2.3479.457-461
The amount of import of telematics and electronic products which will be marketed in the country do not qualify, then the need for legislation to protect consumer interests. In this research, a focus on the legal protection of trade-related consumer telematics and electronic products imported by Law - Act No. 8 of 1999 on Consumer Protection utilizing formulation of the problem is I. How will the buying and selling of imported telematics and electronic products in Indonesia? 2. How is the legaJ protection for consumers in buying and selling transactions of imported telematic and electronic products in the event of default. The research objective is to know about buying and selling arrangements related to the import of telematics and electronic products in Indonesia and to be useful for people, especiaJly consumers. The method used is normative legaJ research. The research result of trade-related settings telematics and electronic products imported regulated in the Trade Minister Regulation No. 38 of 2019. Following the protection of consumers, businesses that harm consumers by deliberately being subject to Article 60 are subject to administrative sanctions.
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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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.