Articles
Sanksi Pidana Kebiri Kimia terhadap Pelaku Tindak Pidana Kekerasan Seksual Anak
I Komang Widnyana;
Anak Agung Sagung Laksmi Dewi;
Ni Made Sukaryati Karma
Jurnal Konstruksi Hukum Vol. 1 No. 1 (2020): Jurnal Konstruksi Hukum
Publisher : Warmadewa Press
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DOI: 10.22225/jkh.1.1.2158.197-202
The number of child sexual violence rates increased in 2016. Encourage the government to form Law of the Republic of Indonesia Number 17 of 2016 concerning Stipulation of PERPU Number 1 of 2016 concerning the Second Amendment to Law Number 23 of 2002 concerning Child Protection into Law. The law contains sanctions against perpetrators of child sexual violence in the form of chemical castration. The purpose of this study was to determine the regulation of chemical castration sanctions against perpetrators of child sexual violence. The method used is the normative method. The regulation for the imposition of criminal sanctions on chemical castration is regulated by Law No. 17 of 2016. The punishment system for chemical castration is a double track system of sanctions. Chemical castration sanctions are sanctions for the act of giving chemical substances to perpetrators of child sexual violence. The prosecutor will carry out the castration sanction as executor of the court's decision and may ask for help from non-doctor medical personnel. The government must immediately pass technical guidelines for the implementation of chemical castration measures. And there is a need for competency education to implement chemical castration.
Penculikan Anak oleh Orang Tua (Studi Kasus di Pengadilan Negeri Gianyar)
I Komang Oka Raharja;
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.1.2.2543.388-392
Every neglected children must be given protection from institutions or laws which aims at protecting their rights. Children have often been victims of crimes, one of which is kidnapping. Regarding the kidnapping of children, Law Number 35 of 2014 concerning Child Protection stipulates that the incidents of kidnapping and neglected children by parents can cause physical and psychological harms to those neglected children and the unfulfillment of their rights. Therefore, it is necessary to impose criminal sanctions on parents or other people who neglect children. Grounded by this, the problems examined in the present research are: How is the legal protection for children from kidnapping by parents regulated? What are the legal sanctions against parents who commit kidnapping over their children? The research method used in this research is normative juridical, with statutory, conceptual, and case approaches. Data were analysed using a qualitative-normative method. Based on the results of data analysis, the regulation of legal protection for children from kidnapping committed by parents is that every parent shall ensure the fulfillment of children’s rights so that they can live, grow and develop and participate optimally in accordance with human dignity, so that they receive protection from violence and discrimination for the sake of the realisation of Indonesian children who are qualified, noble and prosperous. The legal sanctions against parents kidnapping their children are regulated in Article 330 paragraph (1) of the Criminal Code jo. Article 55 paragraph (1) to 1 KUHP with due observance of Article 330 paragraph (2) KUHP jo. Article 55 paragraph (1) to 1 of the Criminal Code and Law Number 8 of 1981 concerning Criminal Procedure Law and applicable laws and regulations.
Eutanasia dalam Perspektif Hak Asasi Manusia dan Hukum Positif di Indonesia
I Gusti Agung Gede Utara Hartawan;
Anak Agung Sagung Laksmi Dewi;
I Nyoman Sutama
Jurnal Konstruksi Hukum Vol. 1 No. 2 (2020): Jurnal Konstruksi Hukum
Publisher : Warmadewa Press
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DOI: 10.22225/jkh.1.2.2564.310-314
Euthanasia legislation has been approved and enforced in European countries such as the Netherlands. This provides a way for the patient's family with an incurable disease to end the patient's life in order to end the patient's suffering. In Indonesia, currently there are no legal norms that regulate euthanasia. This study aims to analyze euthanasia from a human rights perspective and to know euthanasia from a positive legal perspective in Indonesia. Research is included as normative research with a conceptual approach and statutory regulations. The results of this study indicate that euthanasia is contrary to article 28A, article 28G paragraph (2), and article 28I paragraph (1) of the 1945 Constitution of the Republic of Indonesia and articles 338, 340, 344, 345 of the Criminal Code. In the event that there is a request for euthanasia from the patient or the patient's family, the doctor must reject the request and the decision to implement euthanasia should wait for a court decision
Upaya Perlawanan sebagai Akibat Pernyataan Dismissal oleh Ketua Pengadilan Tata Usaha Negara (Studi Kasus di Pengadilan Tata Usaha Negara Denpasar)
Anak Agung Tias Sandya Dianti;
Anak Agung Sagung Laksmi Dewi;
I Nyoman Sugiarta
Jurnal Konstruksi Hukum Vol. 1 No. 2 (2020): Jurnal Konstruksi Hukum
Publisher : Warmadewa Press
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DOI: 10.22225/jkh.1.2.2592.260-265
The State Administrative Court (PTUN) is held to resolve conflicts of interest that cause disputes between State Administrative Bodies or Officials and citizens. The object of the dispute becoming the authority of PTUN is a written stipulation issued by a State Administration Agency or Official which causes legal consequences and harm to a person or legal entity in a civil manner which is included in the definition of a State Administrative Decree and contained in Article 2 of Law No.5 1986. This study focuses on the resolution of resistance efforts as a result of dismissal statements by the Chairman of the State Administrative Court and the basis for consideration of the Panel of Judges in deciding the case. To achieve this goal, exploration with this research is carried out using a qualitative research design. The results show that the PTUN Law which is used as a reference in stating a lawsuit can be processed or not through the screening stage, which will then be examined and decided by the appropriate Judge, appointed by the Chief Justice with a short procedure. If the plaintiff’s resistance is accepted, the dismissal determination does not pass by the head of the court is canceled. Furthermore, the subject of the lawsuit will be examined and decided according to an ordinary procedure, and vice versa, if the verzet is rejected by the panel of judges examining it, the plaintiff can no longer take legal action. In deciding cases of resistance action as a result of dismissal, it is stated that the decision on the object of the dispute is included in the category of decisions that are exempt from being a State Administrative Decree.
Implementasi Peraturan Bupati No 58 Tahun 2014 terhadap Pengelolaan Arsip di Dinas Kearsipan Kabupaten Badung
Anak Agung Dinda Trisna Kesumadewi;
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.1.2.2596.237-242
Archiving has an important role for running of an administration process of an organization. Archiving serves as a source of information and monitoring tools which are needed by every organization in making reports, accountability, assessment and control as precisely as possible. The problems in this study are: 1) How does the process of arrangement active and inactive dynamic archive in the Archive Management Unit in Archives and Library Service Badung Regency in accordance with Badung Regent Regulation Number 58 of 2014? 2) What efforts are made by the Archives and Library Service Badung Regency so that every government agency in the Badung Regency Government implements the Badung Regent Regulation No. 58 of 2014 in the management of archive?. The technique of collecting the data was done by using the method of recording. Data is then analyzed using systematic legal interpretation and legal arguments based on deductive logic. The conclusions of this study are: 1) the process of active and inactive dynamic archive arrangement in the Badung Regency Archives and Library Management Unit is to use classification codes and indexes. 2) Obstacles and Library Constraints in implementing Regent Regulation No. 58 of 2014 is that people's thoughts on filing are not well understood, facilities and infrastructure are still lacking, management staff at each SKPD do not understand about archival management, and Head of Service at each SKPD is less concerned with archive management personnel. The efforts of the Department of Archives in implementing Regent Regulation No. 58 of 2014 are by developing archival human resources, archiving socialization, archiving guidance, and community participation.
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.1.2.2599.232-236
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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DOI: 10.22225/jkh.2.1.2966.46-51
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.