Articles
Diversi terhadap Pelaku Pembuangan Orok Bayi oleh Anak (Studi Kasus Pengadilan Negeri Denpasar)
Ni Putu Lalitha Candra Laksmi;
Anak Agung Sagung Laksmi Dewi;
Diah Gayatri Sudibya
Jurnal Preferensi Hukum Vol. 2 No. 1 (2021): Jurnal Preferensi Hukum
Publisher : Warmadewa Press
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This journal is titled Diversion Against Actors Disposing Baby Orok by Children Like adults, children as perpetrators of crimes will also experience a legal process that is identical to adults who commit criminal acts, the meaning of identical words here means almost the same, different only time period and how to handle it. Diversion is the transfer or transfer of the judicial process into an alternative process of settlement of cases, namely through deliberations of recovery or mediation. The problem 1 what is the Judge's consideration for deciding Diversion on Children as Actors? And 2 what is the criminal sanction inflicted on children as perpetrators of criminal offenses by babies? The approach to the problem used in this study, this study uses a type of normative legal research called doctrinal legal research. The problem approach in this research is carried out by using the legislative approach method by examining all laws and regulations relating to the relevant legal events, conceptual approaches that move from the views and doctrines that develop in law, and case approach. Judge's consideration in determining the diversity of perpetrators of childbirth disposal by children, this case is found in case No. 18/Pid.SusAnak/2016/PN.Dps, children are given the opportunity to correct mistakes and be returned to their parents to be guarded and guided and to be fostered so that the child does not do the deed again.
Sanksi Pidana terhadap Para Pemasang dan Promosi Iklan Bermuatan Konten Judi Online
Pande Putu Rastika Paramartha;
Anak Agung Sagung Laksmi Dewi;
I Putu Gede Seputra
Jurnal Preferensi Hukum Vol. 2 No. 1 (2021): Jurnal Preferensi Hukum
Publisher : Warmadewa Press
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Online gambling is a phenomenon that cannot be denied and is found in the community. In promoting online gambling, site owners usually advertise their online gambling sites to internet. Because this is the dissemination and development of online gambling sites is growing rapidly. From the above background, the problem can be formulated as follows: How is the regulation of criminal sanctions against the installer and promotion of online gambling advertisements and What are the criminal sanctions against the installer and promotion of online gambling advertisements The research method used is the type of normative research that is the type of research by conducting its assessment based on legal materials from the prevailing literature and legislation. The legal arrangements for advertisers and promotions of online gambling are regulated in Law Number 11 of 2008 concerning Electronic Information and Transactions in article 27 paragraph 2 which reads: "Everyone intentionally and without rights distributes and or electronic documents containing gambling "Criminal sanctions against advertising and promotion of online gambling advertisements are regulated in article 45 paragraph 1 of Act Number 11 of 2008 concerning Information and Electronic Transactions, namely criminal penalties with a maximum of 6 (six) years and or a maximum fine of Rp.1,000,000,000.00 . (one billion rupiah).
Penerapan Diversi melalui Pendekatan Keadilan Restoratif (Restorative Justice) pada Anak Pelaku Penyalahgunaan Narkotika
Putu Ayu Sarina Selsa Oktaviani;
Anak Agung Sagung Laksmi Dewi;
I Nyoman Gede Sugiartha
Jurnal Preferensi Hukum Vol. 2 No. 1 (2021): Jurnal Preferensi Hukum
Publisher : Warmadewa Press
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This research aims to find out how implementation of the diversion of the perpetrators of the abuse of narcotic drugs by using the method of the approach of restorative justice by involving the perpetrator, the victim, the family of the offender or the victim, community counselors and professionals. The research method used is the normative legal research with approach of legislation, articles as well as the doctrine or the views from experts associated with the diversion and narcotic in children. With regard to the handling of child abuse of narcotic drugs, the problems in this thesis is the arrangement of diversion by law about the criminal justice system of the child and the application of diversion through approach restorative justice in the criminal offence of child perpetrator of abuse of narcotic. The settings regarding diversion here is actually a settling criminal acts with children outside of the criminal justice process. Where the diversion can be carried out against the perpetrator of the crime that the threat of punishment of less than 7 (seven) years and is not a repetition of the crime. Against the application of the abuse of narcotics diversion for children conducted through deliberation in accordance whit the provisions of article 8 of law about the criminal justice system so that children can make a deal with diversion consider the child’s interests, in this case intended to avoid and keep children from the judicial process. In terms of the results of the diversion agreement already agreed upon with the parties where the implementation of the outcome of the diversion agreement would of course also have to be monitored both from the elderly, the environment, and investigators also rehabilitation center to ascertain if the result of the diversion deal was already done by the child and reported to the Chairman of the District Court where the implementation of such diversion is implemented.
Peranan Penyidikan Tambahan dalam Menindaklanjuti Perkara Tindak Pidana Pencurian Sapi di Wilayah Hukum Polsek Petang
Ni Komang Diana Trisnayanti;
Anak Agung Sagung Laksmi Dewi;
Ni Made Suryati Karma
Jurnal Preferensi Hukum Vol. 3 No. 2 (2022): Jurnal Preferensi Hukum
Publisher : Warmadewa Press
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Handling the crime of theft is certainly an alternative in the criminal justice system. In the investigation effort, of course, there can be obstacles that affect the slowness of the examination of the case, as happened at the Evening Police, namely the lack of complete evidence needed because there is a shortage of investigating officers. Therefore, the role of additional investigators is very much needed for the Evening Police. This study uses empirical research methods as well as a sociological approach to law. The role of additional investigations in the settlement of cases of cow theft in the jurisdiction of the Evening Police Sector is to be able to complete the prosecutor's instructions through P-19 which is a code that the results of the investigation are not complete, however, sometimes investigators cannot fulfill the prosecutor's instructions, so the case files go back and forth up to 4 times. . This is done in accordance with the provisions of the legislation or operational standards that apply to the Indonesian National Police.
Legal Protection for Village Credit Institutions as a Financial Business Entity Exploited to Resolve the Bad Credits in the Customary Village of Kerobokan
Anak Agung Sagung Laksmi Dewi;
Desak Gde Dwi Arini;
Ni Made Puspasutari Ujianti
Sociological Jurisprudence Journal Vol. 2 No. 1 (2019)
Publisher : Fakultas Hukum, Universitas Warmadewa
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DOI: 10.22225/scj.2.1.985.41-45
The existence of customary rule sanctions in the resolution of the issues of bad credits within village credit institutions in the customary village of Kerobokan has been included as one of banking laws that is legally entitled to receive legal. This research aimed to the positioning of customary law sanctions in resolving bad loans at VCI Kerobokan Customary Village and to know the forms of legal protection for VCI and how are the bad loans of customers from outside the traditional villages in Kerobokan. The method used in this research is normative legal research, namely to conduct library research by reviewing literature and analyzing statutory regulations relating to applicable provisions on VCI. This research found the settlement of the bad credit at the customary village of Kerobokan is manifested into ways. The first through preventive legal efforts, that is to say, the very moment of signing the contracts, the customers are sure to have all their incumbencies. The second is through repressive efforts that must be made on the basis of good faith. The implementation of the civil law is that the form of retribution and customary law from the customary village. Keywords: Bad Credits; Legal Protection; Village Credit Institutions; Village-Owned Enterprises
Analysis of Investment Policy in Indonesia After the Ratification of the Protocol To Amend The Asean Comprehensive Investment Agreement
Poly Pagna;
Dewa Putu Mantera;
Anak Agung Sagung Laksmi Dewi
Sociological Jurisprudence Journal Vol. 2 No. 2 (2019)
Publisher : Fakultas Hukum, Universitas Warmadewa
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DOI: 10.22225/scj.2.2.1269.81-88
The Government of Indonesia in an effort to increase Foreign Direct Investment (FDI) and increase trade between ASEAN member countries (intra-ASEAN Trade) ratified the protocol to amend the asean comprehensive investment agreement in the form of Presidential Regulation of the Republic of Indonesia Number 92 of 2015. Constrained by regulations concerning legalization and licensing at the center and in the area of accelerating efforts, the Investment Coordinating Board is given the task of coordinating the implementation of policies. Moving on from that, the problem was formulated regarding how the substance and investment policies in Indonesia after the ratification of the protocol to amend the asean comprehensive investment agreement. The substance of the protocol to amend the ASEAN comprehensive investment agreement is to create a free and open investment regime in ASEAN, through investment regimes, increased protection, increased transparency and predictability of rules, with fair competition and non-discrimination treatment. With the transition from the existence of the understanding of liberalism, efforts must be made to strengthen the family principle in accordance with Article 33 paragraph (1) of the Constitution. Globalization should be harmonized by considering the entire foundation and a material study of the academic community with the aim of defending the nation's ideology. Then the application of the Triple Helix concept as a transformation effort.
The Role of Legal Opinion as Legal Problem Solving Method
Herowati Poesoko;
Anak Agung Sagung Laksmi Dewi
Sociological Jurisprudence Journal Vol. 3 No. 1 (2020)
Publisher : Fakultas Hukum, Universitas Warmadewa
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DOI: 10.22225/scj.3.1.1513.19-27
This study aims to describe Legal Opinion as a Legal Problem Solving Method. The method used in this study is normative legal research; meanwhile the approach used in this study is legal research method. The results revealed that firstly based on legal issues which certainly cannot be separated from the field of law to be studied, while the preparation of legal opinions depends on the depth of knowledge of the legal field what will be found, it is seen in the analysis used in order to find legal problem solving that can be prescription of the legal issue. Therefore, the role of legal opinion in the structure of the layer of legal science can be useful as a method in developing practical law or in developing theoretical law.
Law Enforcement Of Fraud Through Electronic Media
I Nyoman Gede Sugiartha;
Anak Agung Sagung Laksmi Dewi;
I Made Minggu Widyantara
Sociological Jurisprudence Journal Vol. 4 No. 1 (2021)
Publisher : Fakultas Hukum, Universitas Warmadewa
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DOI: 10.22225/scj.4.1.2570.61-67
Fraud case of using electronic media often occur in Indonesia at the moment. This illustrates that the community is remain very vulnerable in carrying out activities related to the electronic media. For this reason, it is necessary to undertake a research regarding to criminal offenses using electronic means, especially against criminal fraud. This obsolutely obtains an attention to investigate about legal policies of fraud through electronic media, and criminal penalty of fraud perpetrators through Electronic Media. This study aims to find out about the criminal sanctions of fraud perpetrators through electronic media and to find out the legal policies of criminal acts of fraud through electronic media. This research used the Normative research method. Fraud in Indonesia as regulated in article 378 of the Criminal Code, while fraud by spreading false news which harms consumers in electronic transactions through online or electronic media is regulated in article 28 Paragraph (1) of the Information and Electronic Transaction Act. The spread of hoaxes is equated with acts of deception in the real world as stipulated in article 378 of the Criminal Code. Fraud criminal penalty through electronic media may be subject to multiple articles against a criminal act that fulfills the elements of a criminal offense as regulated in article 378 of the Criminal Code and meets the elements of a criminal act article 28 paragraph (1) of the Information and Electronic Transaction Act.
Criminological Study of Drug Distribution in Lubuklinggau City
Agustinus Samosir;
Anak Agung Sagung Laksmi Dewi
Sociological Jurisprudence Journal Vol. 4 No. 2 (2021)
Publisher : Fakultas Hukum, Universitas Warmadewa
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DOI: 10.22225/scj.4.2.2021.129-133
Drug crimes are a serious crime against humanity, which has a tremendous impact, particularly on the young generation. Drug crimes also count as transnational crime, considering that the distribution and trade of drugs are executed illegally across national borders. As a legal state, to uphold the rule of law is to eradicate the distribution and use of narcotics, specifically in Lubuklinggau. This situation became the basis for us to explore the problem: how is the criminology study of drug distribution in Lubuklingau city?. The prevention of drug distribution in Lubuklinggau today needs improvement, particularly in terms of facilities. Advanced detection tool is necessary to improve the prevention of drug trafficking. Professional guidance and prevention efforts are made in various locations, such as government offices, schools, campuses, with supervision from police officers. The enforcement system also needs to give severe punishments to offenders.
Legal Assistance by Advocates in Gender Mainstreaming: A Reflection
Anak Agung Sagung Laksmi Dewi
Sociological Jurisprudence Journal Vol. 5 No. 2 (2022)
Publisher : Fakultas Hukum, Universitas Warmadewa
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DOI: 10.22225/scj.5.2.2022.139-145
Gender mainstreaming has become one of the legal politics in Indonesia, this is in line with the nature contained in Law Number 17 of 2007 concerning National Long-Term Development of 2005-2025. Therefore, gender mainstreaming needs special attention in some of its supporting elements. One of the supporting elements is legal aid, as a form of preventive and repressive efforts in realizing gender equality in responding to discrimination that is often experienced by women in Indonesia. one of the supporters of these preventive and repressive efforts is legal aid which can normatively be carried out by advocates in Indonesia. This should be a common thread in the protection of women's rights and gender mainstreaming in Indonesia which is carried out through legal aid in Indonesia. When scrutinized again in the regulation regarding the concept of legal aid as stated in Law Number 18 of 2003 concerning Advocates and Law Number 16 of 2011 concerning Legal Aid, legal aid can only be given to “poor or incapable peopleâ€. Meanwhile, women are one of the people who are often in a cornered/unfavorable/marginalized position in physical, opportunity and social status. So that it becomes an urgent condition to expand the interpretation of “poor or incapable people†so that legal aid that is the obligation of advocates or legal aid providers can also include assistance to women in an effort to realize gender mainstreaming in Indonesia.