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All Journal Jurnal Komunikasi Hukum MEDISAINS KERTHA WICAKSANA Ganesha Law Review Jurnal Suara Hukum Jurnal Media Komunikasi Pendidikan Pancasila dan Kewarganegaraan Jurnal Komunitas Yustisia Jurnal Pacta Sunt Servanda JUDGE: Jurnal Hukum Jurnal Ilmu Hukum Sui Generis Innovative: Journal Of Social Science Research Al-Zayn: Jurnal Ilmu Sosial & Hukum Jurnal Pengabdian Masyarakat dan Riset Pendidikan Presidensial: Jurnal Hukum, Administrasi Negara, Dan Kebijakan Publik Perspektif Administrasi Publik dan hukum
Made Sugi Hartono
Program Studi Ilmu Hukum Universitas Pendidikan Ganesha
Religion Humanities Computer Science & IT Economics, Econometrics & Finance Education Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Mathematics Medicine & Pharmacology Nursing Public Health Other

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UPAYA KEPOLISIAN DALAM MELAKUKAN PENEGAKAN HUKUM TERHADAP PELAKU TINDAK PIDANA KEKERASAN SEKSUAL PADA ANAK (PEDOFILIA) (STUDI KASUS DI POLRES BULELENG Putu Hadi Hendra Tanu Sudibya; Made Sugi Hartono; I Wayan Landrawan
Jurnal Ilmu Hukum Sui Generis Vol 3 No 4 (2023): Oktober, Jurnal Ilmu Hukum Sui Generis
Publisher : Universitas Pendidikan Ganesha

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23887/jih.v3i4.2785

Abstract

This research aims to (1) To find out and analyze the process of law enforcement at the police level regarding criminal acts of sexual violence against children in the jurisdiction of the Buleleng Police Station (2) To find out and analyze how the police make efforts to deal with the perpetrators of criminal acts of sexual violence against children. in the jurisdiction of the Buleleng police station. In this research, the type of research used is empirical legal research using descriptive research characteristics. The data and data sources used are primary data and secondary data consisting of primary legal materials, secondary legal materials and tertiary legal materials. The data collection techniques used are document study techniques, observation techniques and interview techniques. The sampling technique used was a non- probability sampling technique and the subject determination used a purposive sampling technique. Next, the data obtained is processed and analyzed qualitatively. The results of this research show (1) The law enforcement process in dealing with this is the Women and Children Services Unit, the Criminal Investigation Unit of the Buleleng Regency Police, in an effort to resolve criminal acts of sexual violence against children through In its implementation the police provide a place for mediation, communication and discussion. between the Reporter or Victim and the Reported Party, officers only take action in the form of listening to the wishes of the reporter and the reported party, carrying out the legal process even if there is peace. (2) Efforts to overcome criminal acts of sexual violence against children in Buleleng Regency carried out by the Buleleng Police, namely repressive (penal) efforts carried out by the Buleleng Police, namely by carrying out inquiries or investigations in accordance with applicable legal provisions, carrying out all kinds of actions according to procedures. not handling cases selectively, and handling cases of public attention professionally and proportionally.
DISPARITAS PEMIDANAAN DALAM KASUS PERSETUBUHAN TERHADAP ANAK (Studi Kasus Putusan Nomor 140/Pid.Sus/2022/PN.Sgr dan Putusan Nomor 10/Pid.Sus/2023/PN.Sgr,) Pradistha, Kadek Nandha; Hartono, Made Sugi; Landrawan, I Wayan
Jurnal Ilmu Hukum Sui Generis Vol 4 No 1 (2024): Jurnal Ilmu Hukum Sui Generis
Publisher : Universitas Pendidikan Ganesha

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23887/jih.v4i1.5020

Abstract

This research aims to: (1) find out what factors can cause disparities in cases of sexual intercourse with children that occur in Buleleng Regency. (2) knowing how the judge considered the disparity in decisions No. 140/Pid.Sus/2022/PN.Sgr and No. 10/Pid.Sus/2023/PN.Sgr. The type of research used is empirical legal research with descriptive research characteristics. The location of the research was carried out in Buleleng Regency, namely at the Singaraja District Court Class 1B. The data collection technique used was document study, interviews and observation. The sampling technique used in this research is a non-probability sampling technique with subject determination using the Pruposive Sampling Technique. The data processing and analysis technique uses qualitative. The results of the research show that the factors causing disparities are due to the judge's opinion, statutory factors, public prosecutor law enforcement factors and the defendant's behavior factors in the trial. The judge's considerations in deciding the case are based on the indictment, witness statements, evidence and aggravating and mitigating circumstances. Where the judge decided that in decision No. 140/Pid.Sus/2022/PN.Sgr the defendant was sentenced to 5 years and in decision No. 10/Pid.Sus/2023/PN.Sgr the defendant was sentenced to 2 years.
PENGGUNAAN HAK PREROGATIF PRESIDEN DALAM MEMBERIKAN GRASI KEPADA TERPIDANA KORUPSI DI INDONESIA Yehezkiel; Hartono, Made Sugi; suastika, i nengah
Jurnal Ilmu Hukum Sui Generis Vol 4 No 1 (2024): Jurnal Ilmu Hukum Sui Generis
Publisher : Universitas Pendidikan Ganesha

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23887/jih.v4i1.5023

Abstract

Abstract This research aims to determine the legal regulations and considerations related to the use of the President's prerogative rights in granting clemency to corruption convicts in Indonesia. The type of research used is normative legal research by examining the absence of legal norms in considering the granting of pardon. The type of research used is a statutory approach, a case approach and a conceptual approach. The sources of legal materials used in this research consist of primary legal materials, secondary legal materials and tertiary legal materials. The technique for collecting legal materials is library research. The legal material analysis technique used is a description technique which is studied qualitatively juridically. The results of the research show that: (1) Regulations related to the granting of pardon by the President to corruption convicts in Indonesia, with reference to the provisions of UUD the 1945, UU Number 22 of 2002, and UU Number 5 of 2010. (2) The basis for the President's considerations in using The prerogative right to grant clemency to corruption convicts in Indonesia, which is the basis for considerations related to humanitarian considerations and human rights (HAM), consideration of cases of corruption convicts, and limits on the President's prerogative rights as respect for Indonesian constitutional law.
ANALISIS PASAL 100 UNDANG – UNDANG NOMOR 1 TAHUN 2023 TENTANG HUKUMAN MATI BERSYARAT BERDASARKAN ASAS KEADILAN DAN ASAS KEPASTIAN HUKUM Indah lestari; Kusuma, Putu Riski Ananda; hartono, made sugi; Dewa Bagus Sanjaya
Jurnal Ilmu Hukum Sui Generis Vol 4 No 3 (2024): Juli, Jurnal Ilmu Hukum Sui Generis
Publisher : Universitas Pendidikan Ganesha

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23887/jih.v4i3.5030

Abstract

This study aims (1) to find out and analyze how the mechanism for implementing the death penalty according to current regulations in Indonesia, (2) to find out the inhibiting factors in the implementation of the death penalty after the judge's decision. The type of research used by researchers is normative legal research, namely through a statutory approach, and a conceptual approach. The sources of legal materials used are the 1945 Constitution, Presidential Regulation, and Regulation of the Chief of Police. The technique of collecting legal materials carried out is by reviewing or analyzing laws and regulations, the 1945 Constitution, and other regulations. The results showed that (1) From the regulations related to the procedures for the implementation of the death penalty in Law No. 2 / PNPS / 1964 has not regulated the deadline for the implementation of the death penalty. It only regulates the extent of notification before execution, which is 3 x 24 hours. This uncertainty certainly creates legal uncertainty and will have an impact on the psychology of the convict. In Indonesia itself, regarding the time span after the judge's decision until he will actually be executed, in fact, it takes quite a long time. Because in casu laws and regulations do not regulate this. Regarding when the convict will be executed depends entirely on the policy of the prosecutor as executor. This cannot be done because the law in Indonesia should regulate in terms of material, formal, and implementation laws. (2) Regarding the inhibiting factors of the death penalty after the judge's decision, there are many such as statutory factors, law enforcement, and facilities. Therefore, it is necessary to regulate the implementation of the death penalty. Because the absence of this rule causes its own confusion for the community and also convicts sentenced to death. In addition, it is hoped that through the new Criminal Code, it is explained what conditions must be met by convicts so that the death penalty can be changed to a life sentence. Because when viewed from the existing rules, it is only explained related to the perpetrator's remorse and the perpetrator's relationship in criminal acts. If you only pay attention to these two factors, it is feared that in the future it will cause repeat crimes.
ANALISIS YURIDIS PUTUSAN MAHKAMAH AGUNG TERHADAP KASUS TINDAK PIDANA PENCEMARAN NAMA BAIK (Studi Putusan Mahkamah Agung Nomor 1845/K/Pid/2009) Paramartha, I Gede Raditya Chandra; hartono, made sugi; setianto, muhamad jodi
Jurnal Ilmu Hukum Sui Generis Vol 4 No 3 (2024): Juli, Jurnal Ilmu Hukum Sui Generis
Publisher : Universitas Pendidikan Ganesha

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23887/jih.v4i3.5032

Abstract

In cases of criminal defamation. Often the indications in criminal acts of defamation cannot be produced and the verdict is regardless of their existence so that many people view this as unfair. This research was intended to analyze and obtain an overview of how defamation decisions are created and to find out how judges consider when making defamation decisions, in this case the Supreme Court Decision Number 1845 K/Pid/2009. This research applies a type of normative juridical research, using the Legislative Approach, and Case Approach using primary, secondary and tertiary legal material collection techniques. The analysis carried out is qualitative analysis. Based on the results of this research, firstly, the application of Article 310 paragraph (1) of the Criminal Code is appropriate and has fulfilled all the elements in that article. The judge really studied the case and had a broad perspective by considering both juridical and non-juridical facts, so that the resulting decision could be said to have created justice. However, from the other side, the author observes that there are other elements that influence the judge's considerations, including: (1) Intention/Background of the Defendant's actions, (2) The Defendant spreads slander via SMS. So from the analysis that has been carried out, defamation is considered as a reason. The justification in this case is appropriate and correct, and is also appropriate so that it does not violate the law or positive law.
PERAN KEPOISIAN DAAM MENGATASI TINDAK PIDANA JUDI ONLINE DI PROVINSI BALI M. Bayu Widya Bagaskara; setianto, muhamad jodi; hartono, made sugi
Jurnal Ilmu Hukum Sui Generis Vol 4 No 4 (2024): Oktober, Jurnal Ilmu Hukum Sui Generis
Publisher : Universitas Pendidikan Ganesha

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23887/jih.v4i4.5036

Abstract

This research aims to understand and explore the role of the police in combating online gambling crimes in Bali Province. In this study, the researcher uses an empirical legal research method with a descriptive approach. The data collection techniques include document studies, observations, and interviews. The sampling technique used is nonprobability sampling, specifically purposive sampling for determining subjects. The legal material analysis technique is qualitative. The results of the study indicate that the police in Bali Province, particularly the Bali Regional Police (Polda Bali), have undertaken various efforts to combat online gambling crimes. These efforts include cyber patrols, monitoring online gambling activities, tracking suspicious financial transactions, and direct actions against offenders. The police actions are conducted in accordance with applicable legal procedures and norms. However, in practice, cybercrime police face significant challenges. Major obstacles identified include the anonymity of online gambling users, the use of advanced technologies such as VPNs and IP Proxies by offenders, and the location of servers overseas, which complicates tracking and shutting down online gambling sites. Additionally, the lack of human resources trained in cybersecurity and digital forensics, as well as inadequate technological facilities, pose further challenges in handling online gambling cases. Administrative hurdles and coordination issues among government agencies, such as with the Ministry of Communication and Informatics (Kominfo), also slow down the law enforcement process.
ANALISIS YURIDIS PERLINDUNGAN HUKUM BAGI KORBAN KEKERASAN SEKSUAL PADA ANAK DALAM KASUS PEMERKOSAAN (STUDI PUTUSAN Nomor 4/Pid.Sus/Tahun 2023 PENGADILAN NEGERI SINGARAJA) Kadek Budi Hartayani; hartono, made sugi; Adnyani, Ni Ketut Sari
Jurnal Ilmu Hukum Sui Generis Vol 5 No 2 (2025): April, Jurnal Ilmu Hukum Sui Generis
Publisher : Universitas Pendidikan Ganesha

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23887/jih.v5i2.5048

Abstract

Children are the most beautiful gift given by God Almighty who will play an important role in the future of the Indonesian nation. However, currently a big obstacle in the development of the younger generation is the large number of criminal cases of sexual violence. Cases continue to increase and punishment for perpetrators of sexual violence has not had a deterrent effect, making it difficult to hope to reduce the level of sexual violence. Using normative legal research methods as well as Statute approach, Case Approach, and, Conceptual Approach to examine the considerations of judges' decisions in imposing criminal sanctions on perpetrators of sexual violence against children. The aim of this research is to determine the basis for the judge's considerations in providing protection to children as victims of criminal acts of sexual violence in rape cases in case decision Number 4/Pid.Sus/PN Sgr. The type of research used is normative legal research with descriptive research characteristics. Implementation of the judge's authority as regulated in Law no. 48 of 2009 concerning Judicial Power, article 5 paragraph (2), does not yet provide a clear description of the phrase "experienced in the legal field", in this case it gives rise to vague norms and has the potential to impose sanctions on perpetrators of sexual violence against children that are not optimal.
PERAN KEPOLISIAN DALAM MELAKUKAN PENANGANAN TERHADAP KEKERASAN SEKSUAL PADA ANAK (PEDOFILIA) (Studi Kasus Di Wilayah Hukum Polres Buleleng) ketut putrini; hartono, made sugi; landrawan, i wayan
Jurnal Ilmu Hukum Sui Generis Vol 5 No 2 (2025): April, Jurnal Ilmu Hukum Sui Generis
Publisher : Universitas Pendidikan Ganesha

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23887/jih.v5i2.5049

Abstract

Population growth increases every year in Buleleng Regency and is accompanied by an increase in cases of sexual violence. Based on Law Number 2 of 2002 concerning the National Police of the Republic of Indonesia, it is stated that the police's duty is to handle casespedophiliawhich is related to preventive and repressive efforts that are not yet optimal. From the problem above, there are 2 problem formulations, including: What is the role of the police in handling sexual violence against minors?(pedophilia)and What obstacles do the police face in dealing with sexual violence against minors?(pedophilia). This research uses an empirical method with qualitative research characteristics. Data collection techniques used include observation, interviews, documentation. The sampling technique used is the techniquenonprobability sampling with shapepurposive sampling. This research found that the role of the police was to investigate, investigate and arrest the perpetrators. In this case, the obstacles faced by the police come from within and outside the institution.
ANALISIS VICTIMOLOGI TERHADAP KORBAN TINDAK PIDANA PENIPUAN ONLINE SHOP DI KABUPATEN BULELENG Komang Sri Wahyun; hartono, made sugi; Dewa Bagus Sanjaya
Jurnal Ilmu Hukum Sui Generis Vol 5 No 2 (2025): April, Jurnal Ilmu Hukum Sui Generis
Publisher : Universitas Pendidikan Ganesha

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23887/jih.v5i2.5051

Abstract

This research aims to determine the factors that cause someone to become a victim of online shop fraud and the steps and efforts to protect victims of online shop fraud in Buleleng Regency. The type of research that will be used in this research is empirical legal research. In examining this case, the research uses descriptive characteristics. The data used in this research are Primary Data and Secondary Data consisting of Primary Legal Material, Secondary Legal Material and Tertiary Legal Material. The conclusions from this research are 1) the factors that cause someone to become a victim of Online Shop fraud in Buleleng Regency, so it can be concluded that the factors that cause someone to become a victim of Online Shop fraud in Buleleng Regency are internal factors consisting of very high prices. cheap, because of the ease of transactions on Social Media and the lack of public insight and knowledge regarding the latest modes of fraud as well as external factors which include economic factors, education factors, cultural factors and environmental factors. 2) The steps and efforts to protect victims of Online Shop fraud in Buleleng Regency which have been carried out by the Buleleng Police Unit and the Buleleng Regency Communication, Informatics, Coding and Statistics Service are preventive legal protection consisting of providing Digital Literacy education and socialization and repression which consists of from settlement through legal channels by the Buleleng Police Unit. Furthermore, the Buleleng Regency Communication, Information, Coding and Statistics Service has also provided reporting for cellphone numbers and account numbers that are indicated to be fraudulent to help other people trace the history of these numbers.
Analisis Viktimologi Terhadap Hak-Hak Korban Kekerasan Berbasis Gender Online (KBGO) Melalui Penyebaran Konten Pornografi (Studi Putusan Nomor 616/Pid.Sus/2023/PN JKT.SEL) Irene Olivia Siregar; Made Sugi Hartono; I Wayan Landrawan
Jurnal Ilmu Hukum Sui Generis Vol 5 No 3 (2025): Juli, Jurnal Hukum Sui Generis
Publisher : Universitas Pendidikan Ganesha

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

This research aims to analyze victimology regarding the rights of victims of Online Gender- Based Violence (OGBV) through the distribution of pornographic content based on Decision Number 616/Pid.Sus/2023/PN JKT.SEL, focusing on (1) legal analysis of OGBV through the distribution of pornographic content on social media in Decision Number 616/Pid.Sus/2023/PN JKT.SEL, and (2) legal protection for victims of OGBV through the distribution of pornographic content on social media in Decision Number 616/Pid.Sus/2023/PN JKT.SEL. The main focus of this study is the distribution of pornographic content on social media without consent, involving digital sexual exploitation for economic gain. Using a normative juridical method with statutory, case, and conceptual approaches, this research examines the implementation of legal protection for OGBV victims. The findings indicate that although there is a legal framework governing victim protection, its implementation remains suboptimal, particularly in terms of comprehensive victim recovery. Data from SAFEnet Indonesia recorded a significant increase in OGBV cases in the first quarter of 2024, rising fourfold from 118 to 480 cases. This study emphasizes the importance of adopting a victim-centered justice approach within the criminal justice system and the need to strengthen the role of the Witness and Victim Protection Agency (LPSK) in ensuring victims' access to sustainable recovery services.
Co-Authors A.A. Ngurah Manik Oka Aditya Madra, Gede Surya Alouisius Alan Sanjaya Angela Claudia Scolastika Manurung Anis Lailatul Fajriah Ardhya, Si Ngurah Ardianti May, Windy Ari Darman Ari Swandewi, Ni Putu Arty sriwahyuni Br Perangin Angin Ary Sutha, M. Berita Ayu Apsari Hadi, I Gusti Ayu Nadya Gayatri Ayu Nadya Gayatri Claudia Magdalena Ritonga Darman, Ari Deni Kristina, Luh Des Alpin Dewa Ayu Made Laksmi Dewi Dewa Ayu Mita Anjani Dewa Bagus Sanjaya Dewa Gede Sudika Mangku Dewi, Ni Nyoman Ayu Pulasari Diah Ratna Sari Hariyanto Dita Yulianti Dos Santos, Martinha Eswa Pramita, Komang Fabrizio Richardo Marvil Wanggai Fernando Tobing Gede Ian Narayana Yadnya Gede Pradana Arta Wijaya Gede Surya Aditya Madra Gorbinta Paska Peraja Kaban Gusti Ayu Putu Vebyardani Hadi Parwanta, Kadek Martha Hadi Putra Permana Helena Hestaria I Dewa Gede Agung Wisnu Saputra I Dewa Gede Herman Yudiawan I Gst. Agung Komang Yoga Tri Pandita I Gusti Ayu Apsari Hadi I Gusti Bagus Andre Yudha Pratama I Komang Andi Antara Putra I Komang Sanju Bayu Mustika I Made Deni Dwi Nuarthawan I Made Dimas Arta Wiguna I Nengah Suastika I Nengah Suastika I Wayan Artawan I Wayan Kertih I Wayan Landrawan I Wayan Lasmawan Ida Ayu Gede Narayani Indah Lestari Irene Olivia Siregar Jose Widyatama Lingga Kadek Budi Hartayani Kadek Dandi Saputra Kadek Diah Karuni Kadek Gesa Ananda Jati Utama Kadek Gesa Ananda Jati Utama Kadek Martha Hadi Parwanta Kadek Vrischika Sani Purnama Ketut Ardika Ketut Ayu Asiti Sari Ketut Ayu Astiti Sari ketut putrini Ketut Tia Yuliani Komang Eswa Pramita Komang Febrinayanti Dantes Komang Hendra Setiawan Komang Sri Wahyun Komang Tri Saniartini Komang Yudiani Kusuma, Putu Riski Ananda Lailatul Fajriah, Anis Luh Deni Kristina M. Alvi Azhari M. Bayu Widya Bagaskara M. Berita Ary Sutha M.Si Drs. Ketut Sudiatmaka . Made Deby Listianitari Made Vira Sadvika Dewi Made Yogo Puspawan Maharta, Komang Urip Sidi Martinha Dos Santos Monica Monica Monica Monica, Monica Muhamad Jodi Setianto Ni Kadek Diah Rahma Gayatri Ni Kadek Ditya Yulanda Dewi Ni Ketut Sari Adnyani Ni Luh Putu Wahyuni Yustisia Dewi Ni Luh Utari Puspita Devi Ni Luh Wayan Yasmiati Ni Made Mirah Krisna Devi Ni Made Puspadewi Ni Nyoman Ayu Desy Sekarini Ni Nyoman Ayu Pulasari Dewi Ni Putu Ari Swandewi Ni Putu Dewi Laurina Ni Putu Rai Yuliartini Nina Septiani Marista Sigumonrong Nyoman Prayudhi Trianggana Paramartha, I Gede Raditya Chandra Parwati, Ni Putu Ega Pradistha, Kadek Nandha Pratama, I Gusti Bagus Andre Yudha Prayogi Putra, I Made Dwi Cahya Putra Permana, Hadi Putri, Ni Putu Martina Putu Andi Darmawan Putu Hadi Hendra Tanu Sudibya Putu Hadi Hendra Tanu Sudibya Putu Pipit Pricellia Eka Putri Rahma Gayatri, Ni Kadek Diah Ratna Artha Windari Ribka Layasina Br Sembiring Sadvika Dewi, Made Vira Salles, Sergio Saputra, Kadek Dandi Scolastika Manurung, Angela Claudia Silvia Maharani Singid Adnyana, Wayan Agus Tegar Bagus Satria Veronika Wulandari Wayan Agus Singid Adnyana Windy Ardianti May Wirabrata, Dewa Gede Firstia Wisnu Murti, I Made Gede Yehezkiel Yogo Puspawan, Made Yudiawan, I Dewa Gede Herman Yustisia Dewi, Ni Luh Putu Wahyuni