Articles
Tanggung Jawab Notaris terhadap Keabsahan Tanda Tangan Para Pihak pada Perjanjian dibawah Tangan yang di Waarmerking
Anak Agung Bagus Indra Dwipraditya;
Anak Agung Sagung Laksmi Dewi;
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.2.1.2599.232-236
Prostitution cases have emerged as a phenomenon having continuously loaded with law enforcement actions in Indonesia; the modus operandi is getting developed over time. The case that is currently trending is the case of online prostitution. Although prostitution cases have been set forth in the Criminal Code and online transaction-related legal provisions can be found in the Electronic Information and Transaction Law (ITE Law), however, online prostitution cases are in fact difficult to eradicate. This is due to the condition that only the procurers or procuresses can be held liable for the acts, while sex workers (commercial sex workers) and the online prostitution service users cannot. This indicates that the prostitution-related legal arrangement needs to be reconstructed, and for that, the present study has an urgent force to be carried out to review the online prostitution regulations as well as the legal politics to eradicate prostitution, particularly regarding the criminalization of sex workers (commercial sex workers) and the online prostitution service users. This study applies a normative law research method design. The results of the study show that the Criminal Code does not regulate the conviction of commercial sex workers and online prostitution service users, so they cannot be held criminally liable for the act. If the online prostitution-related regulations outside those in the Criminal Code are examined further, sex workers and their service users can be charged with the ITE Law, but the rule is still general in nature - regulating prohibitions that violate decency. Regulations on prostitution can also be found in Regional Regulations (Perda), but not all regions have or issue the regulations on Prostitution, so their enforcement is limited to the territory. The political law that can be learned from this fact is the reform of criminal law through the synergy of the draft of Criminal Code concept through criminalization and the provision of criminal threats against commercial sex workers and the online prostitution service users so that they can be held criminally liable for (penalization).
Upaya Kepolisian dalam Penanganan Kasus Tindak Pidana Pembunuhan yang Dilakukan Warga Negara Asing (WNA ) terhadap Warga Negara Indonesia (WNI )
Cokorda Gede Agung Rama Yudha;
Anak Agung Sagung Laksmi Dewi;
I Nyoman Sutama
Jurnal Konstruksi Hukum Vol. 2 No. 1 (2021): Jurnal Konstruksi Hukum
Publisher : Warmadewa Press
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DOI: 10.22225/jkh.2.1.2959.10-14
Police efforts in handling cases of murder committed by foreigners against Indonesian citizens based on article 338 of the Indonesian Criminal Code, where the action is an act of eliminating the life of another person, the police have the authority to handle the case as an investigator to maintain security and order in Indonesia. This study aims to analyze the investigation process and find out the settlement of the Criminal Act of Murder by foreigners against Indonesian citizens based on the judicial system in Indonesia reviewed with the Territorial Principle. This study uses the normative legal method. The results of the analysis show that the police have the authority as an investigator in cases of murder committed by foreigners against Indonesian citizens. The investigation process is carried out in accordance with the provisions of the Republic of Indonesia police regulation number 6 of 2019 and also article 6 of the Criminal Procedure Code regarding the provisions of article 2 of the Criminal Code which explains that the regulations in Indonesia apply to all citizens residing in Indonesia and enforcement is carried out against the perpetrators of murder tried in accordance with the judicial system in Indonesia based on the provisions of article 2 of the Criminal Code concerning the principle of territoriality with article 338 of the Criminal Code. Through this research, it is hoped that Indonesian citizens and foreigners will remain subject to the law. Furthermore, the government should pay attention to local residents who occupy Indonesian territory by reinforcing the applicable regulations in Indonesia.
Upaya Pencegahan Anak sebagai Korban Kekerasan Seksual melalui Dunia Maya
Desak Ketut Linda Saraswati;
Anak Agung Sagung Laksmi Dewi;
I Made Minggu Widyantara
Jurnal Konstruksi Hukum Vol. 2 No. 1 (2021): Jurnal Konstruksi Hukum
Publisher : Warmadewa Press
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DOI: 10.22225/jkh.2.1.2960.15-18
Since being in the womb, the child has dignity as a whole human being given by God Almighty. A child who is born must get his rights without the child asking. Children who are part of the next generation with the ideals of the nation have a strategic role in ensuring the existence of the nation and state in the future. Sexual violence against children today does not only occur physically but has penetrated cyberspace. This is because it is easy to access cyberspace, especially social media, by various groups ranging from children, adolescents and even parents. This study uses the normative legal method, namely a library research to obtain legal materials. The results of the analysis show that prevention can be done through preventive and repressive measures. Preventive efforts through a family environment that implements the 18-21 program, which means that at 18.00 to 21.00 the time for children and parents to have dialogue and interaction, which was first implemented in Padang City. Besides parents, so that they can give more time and attention to children. Repressive measures are taking action against perpetrators of sexual violence against children through cyberspace in accordance with applicable laws and regulations so that the perpetrators have a deterrent effect and do not repeat it on another day.
Tinjauan Yuridis Tindak Pidana Kebiri dalam Perspektif Hak Asasi Manusia
I Gede Fajar Manggala;
Anak Agung Sagung Laksmi Dewi;
Luh Putu Suryani
Jurnal Konstruksi Hukum Vol. 2 No. 1 (2021): Jurnal Konstruksi Hukum
Publisher : Warmadewa Press
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The actions of a person who does something that is detrimental to others, for example torture, harassment, murder to result in death are required to be accountable for their actions. This study aims to determine the regulation of castration from a human rights perspective and to determine the sanction of castration from a human rights perspective. The method used is normative legal research which is carried out by recording and studying based on legal materials. The results of the study show that the punishment for castration is a maximum of 15 years and a maximum fine of five billion rupiah is a government action in an effort to eliminate discriminatory actions against a person's human rights. The government's decision regarding the sanctions given to perpetrators of the criminal act of castration is considered excessive by the National Human Rights Commission because it violates human rights and is too serious for the perpetrators but is still supported in order to eliminate acts of abuse against children as the nation's next generation.
Peran Polisi Hutan dalam Menanggulangi Pembalakan Liar/Illegal Logging dalam Kawasan Hutan di Kabupaten Jembrana Provinsi Bali
I Made Adi Endra Supardi;
Anak Agung Sagung Laksmi Dewi;
Luh Putu Suryani
Jurnal Konstruksi Hukum Vol. 2 No. 1 (2021): Jurnal Konstruksi Hukum
Publisher : Warmadewa Press
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DOI: 10.22225/jkh.2.1.2973.81-85
Forests must be managed properly so that their functions and benefits are maintained. One of the problems related to the forestry sector is the large number of illegal logging practices in a number of provinces in Indonesia. Eradication of Illegal Logging in Law of the Republic of Indonesia Number 18 of 2013 concerning the prevention and eradication of forest destruction. This study aims to determine the duties and roles of forest rangers in preventing illegal logging in the forest area of Jembrana Regency and to analyze the obstacle factors of forest rangers in preventing illegal logging in the forest area of Jembrana Regency, Bali Province. This study uses an empirical method with a statutory approach. The data used are primary and secondary data obtained through interviews and documentation. The data obtained were then analyzed through qualitative descriptive. The results showed that the Forestry Police had a role to supervise the implementation of every activity that caused damage to the forest area of Jembrana Regency. Factors that become obstacles in carrying out the role of forest rangers in preventing illegal logging in the Jembrana Regency Forest Area are terrain, facilities and equipment, sincerity, concern and firm commitment, the number of personnel, new methods of crime, and factors of local residents. Forest rangers must involve residents around the forest in an effort to prevent illegal logging considering that the obligation to conserve forests is not only the responsibility of the government but also the responsibility of all forest border residents, especially in Jembrana Regency.
Akibat Hukum bagi Prajurit TNI Melakukan Tindak Pidana Desersi yang Diputus In Absentia dalam Praktek Pengadilan Militer III-14 Denpasar
I Wayan Kusuma Purwanta;
Anak Agung Sagung Laksmi Dewi;
Ni Made Sukaryati Karma
Jurnal Konstruksi Hukum Vol. 2 No. 1 (2021): Jurnal Konstruksi Hukum
Publisher : Warmadewa Press
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DOI: 10.22225/jkh.2.1.2980.123-127
The Unitary State of the Republic of Indonesia is a State of Law. Obligatory for Indonesian citizens to obey and obey the law, no exception for Soldiers of the Indonesian National Army. Apart from being subject to general legal rules such as the Criminal Code and also subject to special rules that only apply to soldiers of the Indonesian National Army, namely the Military Criminal Code and the Military Discipline Law Code. Discipline attitude is a basic milestone for TNI soldiers in carrying out their duties. If a TNI soldier lacks discipline in his life, it will lead to a criminal act. This study aims to explain the factors that cause TNI soldiers to commit the Esersion crime and to explain the legal consequences of the In Absentia decision for TNI soldiers who commit the crime of desertion. The method used is a juridical-empirical research method with a problem approach using case studies that are based on real events in the field without any deception and are pure in nature. The legal materials used are primary and secondary legal materials. The results of the study state that the legal consequence of In absentia a TNI soldier who commits the crime of desertion will remain on trial without the presence of the defendant and will be sentenced to imprisonment with additional penalties in the form of dismissal from military service and the factor that causes TNI soldiers to commit the crime of desertion is lack of discipline as a military soldier, the economy barely lives, is involved in a criminal act, is in debt and is influenced by environmental associations.
Sanksi Pidana terhadap Siswa yang Melakukan Tindak Pidana Penganiayaan Kepada Guru
Komang Devi Triveni;
A.A. Sagung Laksmi Dewi;
Luh Putu Suryani
Jurnal Konstruksi Hukum Vol. 2 No. 1 (2021): Jurnal Konstruksi Hukum
Publisher : Warmadewa Press
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DOI: 10.22225/jkh.2.1.2985.149-153
The education is the main thing that will sustain the progress of a nation. Teachers are professionals who have the task of teaching, educating and training. The teacher's job is to teach students to have the knowledge and skills of each subject area. In carrying out their obligations, teachers are protected by Article 39 Paragraph (1) of Law Number 14 of 2005 concerning Teachers and Lecturers and strengthened by the issuance of Government Regulation Number 74 of 2008. In practice, Teachers often receive unpleasant treatment such as persecution by students until causing the death of the teacher and the criminal sanction that can be imposed on the student refers to Article 338 concerning Murder where persecution deliberately takes the life of another person. This study aims to explain the management of criminal acts of molestation committed by students to teachers and to explain the criminal sanctions for students who commit acts of molestation to the teacher. This research uses normative legal methods and analysis of legal interpretation and exposure, because this is related to the outcome of criminal sanctions, the approach used is the statutory approach. The data sources used were prime and secondary legal data. The results showed that in the Criminal Code Chapter XX concerning persecution, this is useful to provide a deterrent effect on the students themselves. The Criminal Code for criminal sanctions against the perpetrator refers to Article 338 of the Criminal Code regarding murder, considering that the perpetrator is still a minor, the maximum sentence given to the perpetrator (one half) of the maximum imprisonment for adults as regulated in Law Number 11 of 2012 concerning the Juvenile Justice System.
Perlindungan Hukum bagi Pemegang Merek terhadap Pemalsuan Merek Fashion
Ni Made Dwi Ari Cahyani;
Anak Agung Sagung Laksmi Dewi;
Ni Made Sukaryati Karma
Jurnal Konstruksi Hukum Vol. 2 No. 1 (2021): Jurnal Konstruksi Hukum
Publisher : Warmadewa Press
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DOI: 10.22225/jkh.2.1.2990.175-179
Trademark is a form of intellectual property which has a function to increase or smoothen trade in services or goods for those who carry out trade in investment and goods. This study aims to explain legal protection for brand holders against violations of fashion brand counterfeiting and to explain the settlement of legal violations against brand holders who are disadvantaged due to fashion brand counterfeiting. This research uses normative legal research methods, namely doctrinal legal research, also referred to as document library research or document study. The approach used is a statutory and conceptual approach. The data used are primary and secondary legal data sources. The results show that the existing legal protection also applies to brand holders, which is protection provided to legal subjects in the form of both preventive and repressive legal instruments. Legal violations against brand counterfeiting are regulated in Law Number 20 of 2016 concerning Marks and Geographical Indications article 83 paragraph (3), which uses the Commercial court route to become an institution in ending trademark disputes, falsification of famous trademark infringements can be resolved through the criminal legal process and legal channels. civil. Legal efforts to hold brand rights against acts of infringement of Zara's Fashion product brands can file criminal and civil lawsuits against proceedings and / or losses in the dragon court adjusted to the provisions stipulated in article 83.The suggestion is to implement the importance of socializing brand registration for legal protection against Brand holders towards increasing awareness for brand owners to register those used
Tanggung Jawab Penyewa dalam Perjanjian Sewa-Menyewa Kendaraan Bermotor (Mobil) di Desa Tibubeneng Canggu
Ni Made Nindya Maheswari;
Anak Agung Sagung Laksmi Dewi;
I Putu Gede Seputra
Jurnal Konstruksi Hukum Vol. 2 No. 1 (2021): Jurnal Konstruksi Hukum
Publisher : Warmadewa Press
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DOI: 10.22225/jkh.2.1.2992.186-190
This study aims to determine the tenants' responsibilities in case of default in the motor vehicle rental agreement (car) in the village of Tibubeneng Canggu and to find out the settlement of default by the rent car against the tenants in the village of Tibubeneng Canggu. The research method used is empirical legal research with a sociology of law approach. This study uses primary data derived from observations and interviews obtained from 3 rent car owners in the village of Tibubeneng Canggu. Data collection used interview techniques, observation and inventory using qualitative analysis techniques. The results of the analysis show that the tenant's responsibility in the event of default in the motor vehicle (car) rental agreement in the village of Tibubeneng Canggu in terms of overtime is in the form of compensation by paying a fine in accordance with the agreed agreement. The settlement of default carried out by the rent car against the tenant in the village of Tibubeneng Canggu is an alternative dispute resolution through negotiation between the tenant and the rent car party. In order to reduce the occurrence of defaults in the case of overtime car returns, Rent Car pays attention to the clauses of the agreement with the tenant, especially in terms of overtime, so that it is made in a written agreement, and implements a full payment payment system in advance so as not to suffer losses. In addition, the tenant is expected to read and comply more with the contents of the agreement so that there are no negligence that can cause harm to the Rent Car
Asas Unus Testis Nullus Testis dalam Tindak Pidana Pemerkosaan Anak
Ni Made Yulia Chitta Dewi;
A.A. Sagung Laksmi Dewi;
Luh Putu Suryani
Jurnal Konstruksi Hukum Vol. 2 No. 1 (2021): Jurnal Konstruksi Hukum
Publisher : Warmadewa Press
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DOI: 10.22225/jkh.2.1.2993.191-195
Proving a criminal act of child rape must have valid evidence. The evidence itself aims to find material truth in order to prove whether the defendant is guilty or not. If in proving a criminal act of child rape, the judge considers that there is only one valid witness testimony and it is not supported by other evidence, of course this will become a consideration for the judge's decision. This study aims to analyze the principle of unus testis nullus testis in the crime of child rape and to find out the evidence of the crime of child rape by using one witness (unus testis nullus testis). The type of research used is normative research and conceptual approaches. The results showed that the testimony of the witnesses in the process of evidence was the main evidence for the judge's consideration. In criminal procedural law, the process of proof is carried out by presenting witnesses and supported by other evidence. In addition to the case of child rape, other than using witness testimony, other supporting evidence is needed, such as the results of a visum et repertum which are useful to prove that a crime has occurred. Independent witness statements must be followed by other valid evidence to strengthen the witness's testimony. To prove a crime of child rape, if there is only one witness, this cannot prove that the crime has occurred