Articles
<![CDATA[Analisis Yuridis Tindak Pidana Pemerasan oleh Bendesa Adat Terhadap Investor di Bali ]]>
<![CDATA[Anak Agung Sagung Laksmi Dewi]]>;
<![CDATA[I Gusti Agung Ayu Gita Pritayanti Dinar]]>;
<![CDATA[Ni Putu Ayu Mandalay Shasa Alba Chiara]]>;
<![CDATA[Anak Agung Ngurah Adhi Wibisana]]>
<![CDATA[ Kertha Wicaksana Vol 19 No 1 (2025) ]]>
Publisher : <![CDATA[Fakultas Hukum, Universitas Warmadewa ]]>
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DOI: 10.22225/kw.19.1.2025.58-62
<![CDATA[Customary village leaders, as organizers of government affairs at the village level, have the authority to complete administrative documents needed by the community within the government system of the rule of law. Occasionally, there are several obstacles in the completion of these administrative tasks that can be resolved quickly to facilitate administrative activities; however, certain administrative issues remain unsolvable by local administrators. The problem formulated in this study includes: (i) how are criminal sanctions defined for the crime of extortion corruption committed by Bendesa Adat who abuse their power in Bali? (ii) What sanctions are imposed on Bendesa Adat by customary villages when they exploit their power through extortion against investors? This study employs normative legal research methods, utilizing a legislative approach and legal concept analysis. The relevant data collection techniques utilized in this study consist of: (i) literature review and (ii) data analysis and evaluation. The theories applied in examining the issues within this study are the theory of state sovereignty and the conception of law as a policy process. This study aims to establish that criminal sanctions for extortion crimes by Bendesa Adat in Bali can indeed be determined. It is vital to implement a consistent and professional approach based on justice, certainty, and legal benefits by the government to foster ideal investment growth in Bali. The output target is to publish findings in the Sinta 4 accredited national journal, Journal of Legal Preferences. Additional outputs will include study materials (book chapters) related to criminal law topic.]]>
<![CDATA[Permohonan Praperadilan Tentang Penetapan Tersangka yang Berstatus Daftar Pencarian Orang (DPO) di Pengadilan Negeri Denpasar ]]>
<![CDATA[Dewa Gede Adi Kesumayuda]]>;
<![CDATA[Anak Agung Sagung Laksmi Dewi]]>;
<![CDATA[Kade Richa Mulyawati]]>
<![CDATA[ Jurnal Interpretasi Hukum Vol. 6 No. 1 (2025): Jurnal Interpretasi Hukum ]]>
Publisher : <![CDATA[Fakultas Hukum, Universitas Warmadewa ]]>
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DOI: 10.22225/juinhum.6.1.13896.190-196
<![CDATA[A pretrial application filed by a suspect who has the status of a Wanted Person List (DPO). This raises problems, because it is not in line with SEMA Number 1 of 2018.So that the formulation of the problem, 1) What is the procedure for pretrial applications filed by suspects with DPO status?, 2) What are the obstacles in the pretrial process filed by suspects with DPO status at the Denpasar District Court? The purpose of this study is to analyze and understand the procedure for pretrial applications filed by suspects with DPO status, as well as the obstacles. The method used is an empirical method. The pretrial application procedure submitted by a suspect with DPO status is the same as the pretrial application procedure in general, but after that the application is rejected in line with the regulations. The obstacle that occurs is that the suspect is a person with DPO status in the sense that the suspect cannot fulfill attendance. The effort made was to call back the suspect even though the suspect was still a DPO. With suggestions that a more complex policy be formed.]]>
<![CDATA[Analisis Yuridis Pertanggungjawaban Korporasi Terhadap Perbuatan Melampaui Baku Mutu Udara Ambien Sebagai Tindak Pidana Lingkungan Hidup ]]>
<![CDATA[Komang Orba Ambara Yuda]]>;
<![CDATA[Anak Agung Sagung Laksmi Dewi]]>;
<![CDATA[I Nyoman Sutama]]>
<![CDATA[ Jurnal Preferensi Hukum Vol. 6 No. 2 (2025): Jurnal Preferensi Hukum ]]>
Publisher : <![CDATA[Warmadewa Press ]]>
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DOI: 10.22225/jph.6.2.2025.213-218
<![CDATA[The company's role in advancing the community's economy brings a number of positive impacts, including the growth of deviant behavior carried out by companies with economic motivation, namely environmental pollution. The formulation of the problems in this paper are: How is corporate liability for environmental crimes? and How are criminal sanctions for perpetrators of criminal acts exceeding ambient air quality standards? This research uses a normative legal research approach with a focus on statutory and conceptual analysis. This writing aims to analyze corporate criminal liability for exceeding ambient air quality standards and also criminal sanctions obtained by corporations. The results of this research show that Law Number 32 of 2009 concerning Environmental Protection and Management emphasizes criminal liability for environmental violations. This regulation aims to take action against environmental pollution. Article 98 of the Law regulates criminal sanctions in the form of imprisonment and fines for perpetrators of environmental violations. ]]>
<![CDATA[Pertanggungjawaban Pidana Memerintah Mencantumkan Keterangan Palsu Dalam Akta Autentik ]]>
<![CDATA[Ni Putu Angie Daradinanti]]>;
<![CDATA[Anak Agung Sagung Laksmi Dewi]]>;
<![CDATA[Made Minggu Widiantara]]>
<![CDATA[ Jurnal Preferensi Hukum Vol. 6 No. 2 (2025): Jurnal Preferensi Hukum ]]>
Publisher : <![CDATA[Warmadewa Press ]]>
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DOI: 10.22225/jph.6.2.2025.239-244
<![CDATA[Criminal liability is a form of determining whether a suspect or defendant is responsible for a crime that has occurred, namely the violation of falsifying a letter or important document as an authentic letter, subject to criminal sanctions. In this regard, what legal provisions relate to the offense of ordering the inclusion of false information in original documents? And what was the judge's opinion when making the decision in case Number 49/Pid.B/2021/PN.Gto? This research uses standard legal methodology by conducting research based on the legal documents used, such as law books and statutory regulations. The results of the study show that the legal provisions regarding the criminal offense of document forgery are regulated in Article 263 of the Criminal Code and Article 266 of the Criminal Code. Article 263 of the Criminal Code regulates document forgery in general (both creating and using forged documents), while Article 266 of the Criminal Code specifically deals with the falsification of information in authentic deeds. The judge's considerations in making a decision are regulated in Article 266 paragraph (1) of the Criminal Code in conjunction with Article 55 paragraph (1) of the Criminal Code, which refers to the criminal act of forging authentic documents (deeds) committed jointly. This article covers perpetrators who order the inclusion of false information in authentic deeds, as well as those who order or participate in such acts.]]>
<![CDATA[Perlindungan Hukum Terhadap Pekerja Toko Karpet di Desa Adat Seminyak (Studi Kasus di Crown Carpets) ]]>
<![CDATA[Marthen Lazarus Laning]]>;
<![CDATA[Anak Agung Sagung Laksmi Dewi]]>;
<![CDATA[Luh Putu Suryani]]>
<![CDATA[ Jurnal Analogi Hukum Vol. 6 No. 1 (2024): Jurnal Analogi Hukum ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Warmadewa ]]>
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DOI: 10.22225/jah.6.1.2024.121-127
<![CDATA[Legal protection and liability are important parts of employment. The Indonesian government creates jobs with legal protection for workers based on Pancasila and the 1945 Constitution. The omnibus law version of the Manpower Law explains the protection of workers in realizing welfare. The case study is located at Crown Carpets in Seminyak Traditional Village, Bali. Empirical legal research method with a focus on collecting data directly from the field through observation and interviews. The main source of data comes from employees at Crown Carpets and the owner of the company provides information about the protection and legal liability in the carpet shop. Secondary data includes relevant primary and secondary legal materials. The data analysis technique used is descriptive technique. The results of the interview obtained that the Crown Carpets company's responsibility for its workers only provides compensation based on the employment relationship, without providing adequate protection in accordance with applicable labor regulations. The owner of Crown Carpets revealed that the company only has verbal agreements with its workers, which do not provide definite guarantees related to work safety and financial protection in the case of serious work accidents in the form of insurance.]]>
<![CDATA[Eksistensi Jaminan Dalam Penangguhan Penahanan Seorang Tersangka Atau Terdakwa ]]>
<![CDATA[Putu Arya Adi Sastra]]>;
<![CDATA[Anak Agung Sagung Laksmi Dewi]]>;
<![CDATA[I Made Minggu Widyantara]]>
<![CDATA[ Jurnal Analogi Hukum Vol. 6 No. 2 (2024): Jurnal Analogi Hukum ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Warmadewa ]]>
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DOI: 10.22225/jah.6.2.2024.256-260
<![CDATA[The regulation of suspension of detention has several procedures and considerations listed in Article 31 of the Criminal Procedure Code as well as Article 35 and Article 36 of Government Regulation No. 27 of 1983 concerning the Implementation of the Criminal Procedure Code and Decree of the Minister of Justice of the Republic of Indonesia No. M.14.PW.07.03 of 1983, but these regulations cannot provide a comprehensive description of the procedures or procedures for suspending the detention of a suspect or defendant. In addition, the subjective assessment of the apparatus authorized to grant suspension of detention is also very broad in scope so that it is vulnerable to misinterpretation by authorized law enforcement officers. So the suggestions that can be given are the need to make laws or implementing regulations that are clearer and more detailed in regulating the procedures for implementing suspension of detention and in the context of law enforcement that embodies justice, the apparatus authorized to grant suspension of detention of a suspect or defendant should provide more careful consideration and be accountable to the public in approving the request for suspension of a suspect or defendant. Considering that the authority given to the apparatus by the law is a subjective authority that is vulnerable to misuse.]]>
<![CDATA[Reformulasi Pengaturan Upaya Rehabilitasi Terhadap Pelaku Tindak Pidana Kekerasan Seksual di Indonesia ]]>
<![CDATA[Made Ryoko Aditya Arjana]]>;
<![CDATA[Anak Agung Sagung Laksmi Dewi]]>;
<![CDATA[Ketut Adi Wirawan]]>
<![CDATA[ Jurnal Analogi Hukum Vol. 6 No. 2 (2024): Jurnal Analogi Hukum ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Warmadewa ]]>
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DOI: 10.22225/jah.6.2.2024.217-222
<![CDATA[Sexual violence is one of the most common criminal offenses in Indonesia. All types of sexual threats and coercion can be considered sexual violence. The type of rehabilitation provided to perpetrators of sexual violence can be used to prevent the return of such violence. The problem formulations of this research are: 1) How is the regulation of perpetrators of sexual violence who can be given rehabilitation efforts? 2) How is the form of reformulation of the regulation of rehabilitation efforts against perpetrators of sexual violence? The research method that the author uses in this research is normative research method. This study found that perpetrators of sexual violence who have sexual deviations, live in a residence, and have a health evaluation are likely to receive rehabilitation. The enactment of the Law on Sexual Violence reformulated the regulation of rehabilitation efforts against perpetrators of sexual violence. This law contains provisions on rehabilitating perpetrators of sexual violence crimes that were previously not regulated in the Criminal Code. The government is advised to improve the provisions in the law and encourage the community to participate in the implementation program.]]>
<![CDATA[Peranan Perjanjian Ekstradisi Dalam Tindak Kejahatan Korupsi di Indonesia ]]>
<![CDATA[Ida Bagus Adi Pati Karna]]>;
<![CDATA[Anak Agung Sagung Laksmi Dewi]]>;
<![CDATA[I Gusti Ayu Gita Pritayanti Dinar]]>
<![CDATA[ Jurnal Analogi Hukum Vol. 6 No. 2 (2024): Jurnal Analogi Hukum ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Warmadewa ]]>
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DOI: 10.22225/jah.6.2.2024.203-209
<![CDATA[The increase in crimes that occur in Indonesia, especially crimes that involve interstates. Therefore, extradition is a way of cooperation in combating crimes between countries, which is very important because criminals always try to flee to other countries to avoid prosecution, while on the other hand, law enforcement officials, especially the police, can only operate within the jurisdiction of their own country. Given the challenges faced in the investigation, it becomes clear how important it is to cooperate with other countries in combating this crime so that extradition agreements arise as a consequence of the existence of a legal interest in a country. The formulation of the problem is: 1. How is the legality of extradition in preventing and eradicating international crimes? 2. How is the effectiveness of extradition enforcement in a country? The research method used is normative legal research. The results of the discussion regarding the criminal law regulation of extradition crimes are contained in Law No. 1 of 1979 concerning Extradition and its effective application after an advance review of the extradition process.]]>
<![CDATA[The Regulation of Traditional Villages as Legal Subjects and the Designation of Temples as Religious Legal Entities in Relation to Land Ownership Rights ]]>
<![CDATA[Anak Agung Sagung Laksmi Dewi]]>;
<![CDATA[I Nyoman Sumardika]]>;
<![CDATA[I Gusti Agung Ayu Gita Pritayanti Dinar]]>;
<![CDATA[I Made Minggu Widyantara]]>;
<![CDATA[Anak Agung Ngurah Adhi Wibisana]]>
<![CDATA[ Community Service Journal of Law Vol. 3 No. 2 (2024): Community Service Journal of Law ]]>
Publisher : <![CDATA[Fakultas Hukum, Universitas Warmadewa ]]>
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DOI: 10.22225/csjl.3.2.2024.64-69
<![CDATA[This study aims to discuss the implementation of the Bali Provincial Regulation which has given birth to various legal provisions regarding the registration of land rights, both for Customary Village and Temple land, both of which are recognized as legal entities. The material is presented using a normative approach to identify legal rules and principles. The legal sources for this study are derived from statutory provisions, including: 1) Law No. 5 of 1960 on the Basic Agrarian Law (UUPA), 2) Government Regulation No. 24 of 1997, 3) Bali Provincial Regulation No. 4 of 2019 on Customary Villages, 4) Ministerial Decree of the Minister of Agrarian Affairs and Spatial Planning/Head of the National Land Agency No. 276/KEP-19.2/X/2017 on the Designation of Customary Villages in Bali Province as Legal Subjects for Joint (Communal) Land Ownership, 5) Minister of Home Affairs Decree No. 556/DJA/1986 on Legal Entities Eligible for Land Ownership Rights. The results of the study show that the Traditional Village was officially designated as the subject of customary rights based on the Decree of the Minister of Agrarian Affairs and Spatial Planning/Head of the National Land Agency No. 276/KEP-19.2/X/2017 concerning the Determination of Traditional Villages in Bali Province as Subjects of Collective (General) Land Ownership Rights. Procedurally, the initial land ownership certification process for Pura followed the standard land certification procedure. It began with a written application submitted to the Head of the National Land Agency Office of Tabanan Regency, accompanied by the required administrative documents.]]>
<![CDATA[The Utilization of Village Land for the Enhancement of Community Welfare in Tibubiu Village, Kerambitan District, Tabanan Regency, Bali Province ]]>
<![CDATA[I Made Pria Dharsana]]>;
<![CDATA[I Nyoman Putu Budiartha]]>;
<![CDATA[I Gusti Agung Ayu Gita Pritayanti Dinar]]>;
<![CDATA[I Nyoman Gede Sugiartha]]>;
<![CDATA[Anak Agung Sagung Laksmi Dewi]]>;
<![CDATA[I Made Ardena]]>
<![CDATA[ Community Service Journal of Law Vol. 3 No. 2 (2024): Community Service Journal of Law ]]>
Publisher : <![CDATA[Fakultas Hukum, Universitas Warmadewa ]]>
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DOI: 10.22225/csjl.3.2.2024.70-75
<![CDATA[Tourism is a key business sector that countries must continue to develop, as it has proven to significantly contribute to foreign exchange. A well-developed tourism sector can attract both Indonesian tourists (wisnus) and foreign tourists. The influx of visitors can also stimulate investors' interest in investing their capital in tourist villages. Community service activities can involve providing various legal information and offering legal counseling and consultations to the community, particularly in agrarian law. One important aspect to consider is the understanding of legal principles within the Tibubiu Village environment, where it's hoped that every Banjar Customary Environment comprehends the use of village land and the legal implications it entails. To enhance knowledge and address issues arising from village land use and management, it's essential to communicate more in-depth and consistent information regarding the effects of village land utilization. Through this community service initiative, the Tibubiu village community can gain awareness of and articulate the implications of using village land in ways that do not comply with existing laws.]]>
