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Widiantara, Made Minggu
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Law, Crime, Criminology & Criminal Justice

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Pelaksanaan Pemberian Hak Narapidana Mendapatkan Pembebasan Bersyarat (Studi Kasus di Rumah Tahanan Negara Kelas Iia Kerobokan) Saputra, I Dewa Gede Agung Ary Junaedi; Widiantara, Made Minggu; Karma, Ni Made Sukaryati
Jurnal Analogi Hukum 300-305
Publisher : Fakultas Hukum Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/ah.1.3.2019.300-305

Abstract

Inmates who served the punishment in prison are often considered to have no rights of any kind. They are often treated in inhumane because they are considered to have committed a crime so that their actions must be in the prison. The rules regarding correctional system in force at the moment is Act No. 12 Year 1995 about a Correctional one of the conditions governing the rights of an Inmate that where there is a requirement of the Ordinance as well as in the implementation of those rights.Based on the foregoing formulated problems: 1) how is the implementation of the Rights of prison inmates get Parole in State Custody Homes class IIA Kerobokan?. 2) what are the obstacles that arise in the implementation of the grant of the rights of Convicts get Parole in State Custody Homes IIA Kerobokan?. Type of this research is the empirical research by reviewing the provisions of normative and use case study for non doktrinial. This research is predicated on research field, research libraries. This research was conducted at the home of State Prisoners Class IIA Kerobokan. Data research results, both primary data secondary data as well as processed and analyzed qualitatively. The implementation of the rights of prison inmates get parole is donebased on Regulation of the Minister of Justice and human rights Indonesian Republic No. D. 01. At 04.10 Year 2007. Barriers in the implementation of the grant of the rights of convicts get parole, Parole proposing Procedures are too complicated and take a long time to get a decision.
Pertanggungjawaban Pidana Anak Sebagai Kurir dalam Tindak Pidana Narkotika Tantra, I Wayan Govinda; Widiantara, Made Minggu; Suryani, Luh Putu
Jurnal Analogi Hukum 215-220
Publisher : Fakultas Hukum Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/ah.2.2.2020.215-220

Abstract

The involvement of the child in narcotic crime that becomes a narcotic courier is a series of malicious agreement in conducting illegal narcotics circulation, but in the capacity category of children who become courier, this is one thing That is so concerned that the child has been faced with the law and is classified as a narcotic crime. Based on the explanation above, the problems that will be considered in this study are as follows: 1. how is the legal arrangement for a child to be a courier in a narcotic crime? 2. How is criminal liability for children as a courier in narcotic crime? The type of research used in this study is a type of normative legal research. The analysis technique is that after the collected legal materials are then analyzed using the technique of description, after all required legal materials are fulfilled, analyzed in a qualitative descriptive. Please note that the determination of the child's age in relation to the criminal liability that can be submitted before the proceeding is 12 (twelve) years up to 18 (eighteen) years in accordance with the verdict of the Constitutional Court No. 1/PUUVIII/ 201/021. In the context of child accountability as a drug courier one of them is that narcotics LAW does not restrict the age in the judiciary, both adults and minors, so that children as narcotics courier can still be punished when Children's capabilities that are still limited and are not as perfect as adults.
Sanksi Pidana Terhadap Tindak Pidana Pemalsuan Surat pada Data Polis Asuransi Yusianadewi, I.G.A Bela Indah Komala; Budiartha, I Nyoman Putu; Widiantara, Made Minggu
Jurnal Analogi Hukum 341-345
Publisher : Fakultas Hukum Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/ah.2.3.2020.341-345

Abstract

Abstract—The crime of forgery of a letter is a criminal offence that resulted in the implication of truth and trust of the people. The offender wears a fake letter aims to gain an advantage for him. The crime of forgery of a letter that often occurs is the falsification of data insurance policy. An insurance policy is an agreement or insurance coverage is consensual (agreements), should be made in writing in a deed between the parties to the Treaty. As for the problem formulations used in this study are 1. How are the criminal sanctions arrangements for forgery of insurance policy data? 2. What is the legal responsibility of the insurance company for forgery of insurance policy data? this research using the normative legal research that aims to examine the legal certainty based on the result of the study of literature or the positive law in force. Legal materials collection technique begins by reading the law on counterfeiting a letter and by the method of record keeping. From the results of research and discussion of known forgeries of his own letters are listed in section 263 subsection (1) of the criminal code and section 263 subsection (2) of the criminal code which set about a criminal offence the use of fake letters, whereas the type of letter itself is regulated in article 264 of the criminal code and Act No. 40 of the year 2014 about perasuransian.
Visum et Repertum Sebagai Alat Bukti Dalam Tindak Pidana Penganiayaan Cahyani , Ni Putu Mega; Sujana, I Nyoman; Widiantara, Made Minggu
Jurnal Analogi Hukum 122-128
Publisher : Fakultas Hukum Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/ah.3.1.2021.122-128

Abstract

Visum et Repertum is a written statement made by doctors in forensic medicine regarding medical examinations of humans, made based on their knowledge and under oath for pro yustitia interests. As for the formulation of the problem in this case 1) how is the strength of the proof of Visum et Repertum as evidence in cases of criminal acts of abuse? 2) What effect does it have on Visum et Repertum having differences with the testimony of the defendant in a criminal act of persecution? The method in this study is a type of normative legal research, namely by conducting an assessment based on legal materials from the literature. While the problem approach used is the Legislation approach, Conceptual approach and Case approach. Visum et Repertum is a documentary evidence as stipulated in Article 184 paragraph (1) of the Criminal Procedure Code and Article 187 letter c of the Criminal Procedure Code and has a strong evidentiary power because it is able to prove the element of abuse in the case study decision No. 586/Pid.B/2018/PN Dps. The consequences arising if Visum et Repertum has a difference with the information given by the Defendant are that the information can be revoked and a re-examination of Visum et Repertum can be carried out if the Defendant is proven to give a false confession. In order for Visum et Repertum to have strong evidentiary power, it is necessary to regulate the standardization and form and arrangement of Visum et Repertum in a statutory regulation.
Pertanggungjawaban Terhadap Tindak Pidana Penyelundupan Sepeda Motor Harley oleh Direktur PT. Garuda Indonesia Adhi, I Dewa Gede Pramana; Sugiartha, I Nyoman Gede; Widiantara, Made Minggu
Jurnal Analogi Hukum 240-244
Publisher : Fakultas Hukum Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/ah.3.2.2021.240-244

Abstract

Indonesia is a developing country where each region has its own natural wealth. This advantage cannot be utilized because of the number of people who send out of the area without permission and vice versa goods from outside countries smuggled into Indonesi a only to avoid the applicable taxes. 1) What is the regulation of smuggling crimes in indonesian criminal law? 2) What is the accountability of the director of PT. Garuda Indonesia who carried out the act of smuggling luxury motorcycles? This research is a type of normative law research conducted by a research method of reviewing based on legal materials, while the problem approach used is the approach of legislation - legislation and conceptual. A bad example was again shown by one of the people who have a big name in Indonesia smuggling case by garuda Indonesia dirut become a picture of how weak the law in Indonesia and this incident makes the perpetrator can be criminal and administrative sanctions.
Analisis Tentang Pencemaran Nama Baik dan Penyalahgunaan Hak Kebebasan Berpendapat di Media Sosial Jayananda, I Made Vidi; Sugiartha, I Nyoman Gede; Widiantara, Made Minggu
Jurnal Analogi Hukum 261-265
Publisher : Fakultas Hukum Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/ah.3.2.2021.261-265

Abstract

Freedom of opinion, especially in social media, is currently widely misinterpreted and abused by the community, because in the use of the right to freedom of opinion, the community has taken many actions which fall into insult, accusations without evidence and commit defamation which cause harm to certain individuals. The problems in this research are How are criminal law regulations and violations of the abuse of the right to freedom of expression in social media and how criminal sanctions against criminal acts of defamation are under the guise of freedom of opinion. The research method used is normative legal research. Source of primary and secondary legal materials. This research concludes that freedom of opinion is not absolute freedom, but in opinion must be in accordance with ethics and norms in society and in accordance with legal regulations without harming any party.
Perlindungan Hukum Terhadap Saksi Pelapor (Whistleblower) Dalam Kasus Tindak Pidana Korupsi di Indonesia Dewi, Komang Ayu Trisna; Dewi, Anak Agung Sagung Laksmi; Widiantara, Made Minggu
Jurnal Analogi Hukum 212-218
Publisher : Fakultas Hukum Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/jah.7.2.2025.212-218

Abstract

The title of this research is Legal Protection of Whistleblower Witnesses in Corruption Crimes Cases in Indonesia. The problems are (1) How is the legal regulation of whistleblower witnesses in corruption cases in Indonesia? (2) How is the legal protection of whistleblower witnesses in corruption cases in Indonesia? This research conducts a normative legal study using statutory and conceptual techniques. Primary, secondary, and tertiary online documents are the legal resources used. Descriptive-analytical techniques are used to evaluate legal materials. Legislation No. 31/2014 regulates the prerequisites for parties seeking LPSK protection, including provisions regarding research-based reporting. In Indonesia, individuals who disclose corruption cases as witnesses or "whistleblowers" and provide clear information regarding illicit activities, particularly those related to organized crime, may be granted legal protection. The aforementioned safeguards can be inferred from the Witness and Victim Protection Law Number 31 of 2014. The group passed Law No. 31 of 2014 which regulates the legal framework and reporting procedures for those with knowledge of corruption crimes in Indonesia, as well as the protection of witnesses and victims, after much deliberation.
Co-Authors adhi, I Dewa Gede Pramana Anak Agung Sagung Laksmi Dewi Cahyani , Ni Putu Mega Dewi, Komang Ayu Trisna I Nyoman Putu Budiartha Jayananda, I Made Vidi Karma, Ni Made Sukaryati Putu Suryani . Saputra, I Dewa Gede Agung Ary Junaedi Sugiartha, I Nyoman Gede Sujana, I Nyoman Tantra, I Wayan Govinda Yusianadewi, I.G.A Bela Indah Komala