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INDONESIA
KERTHA WICAKSANA
Published by Universitas Warmadewa
ISSN : 08536422     EISSN : 26213737     DOI : https://doi.org/10.22225
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Arjuna Subject : -
Articles 168 Documents
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Analisis Potensi Kejahatan di Dalam Dunia Maya Terkait Data Ni Putu Suci Meinarni; Happy Budyana Sari
Kertha Wicaksana Vol 14 No 1 (2020)
Publisher : Fakultas Hukum, Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/kw.14.1.2020.9-15

Abstract

This study aims to reveal how the concept of ethics in cyberspace and analyze crimes that occur in cyberspace related to data usage. This research is a type of empirical normative research using diagnostic and prescriptive method approaches. The analysis shows that the first circulation of data contained in cyberspace has the potential for crime because it can be used without the permission of the owner of the data and the acquisition of that data can be done through various methods with an internet connection. Second, the digital data contained in one's gadget will never be safe as long as the data is connected to the internet. Therefore, the community must have an awareness of the digital data they have by not carelessly storing confidential data in their gadgets respectively
Socialization of Role of LPM in Sustainable Village Development in Satra Village Klungkung Regency Dewa Gede Pradnya Yustiawan; I.P. R. A. Putra; I. D. G. D. Sugama
Kertha Wicaksana Vol 14 No 1 (2020)
Publisher : Fakultas Hukum, Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/kw.14.1.2020.16-20

Abstract

This study aims to analyze the role of Community Empowerment Institutions (LPM) in supporting development that is not optimal. This study uses normative legal method with the aim of outlining the problem for further discussion based on legal theory. Then, the data were analyzed descriptively. The results of this study show that the Satra Village Community, Klungkung District, Klungkung Regency, generally do not understand the duties, functions and authority of the LPM including its existence as a work partner of the village head. Community understanding, village officials and LPM management are still not optimally related to work programs and positions as partners of village heads in implementing and planning development in the short, medium and long term. Thus, the existence of the LPM is currently limited to completing the organizational structure in the village administration and does not know the purpose why it was formed, what are its duties and authorities as village apparatus partner, thus, this condition can be ensured there is a gap between LPM and other organisation in the village administration, which until now has not been regulated even there are no regulations that explicitly regulate the benefits as LPM administrators. This caused many LPM officials who did not appear to be enthusiastic about managing LPM.
Pengalihan Hak Atas Saham Perseoran Terbatas Melalui Hibah I Wayan Suka Antara Yasa
Kertha Wicaksana Vol 14 No 1 (2020)
Publisher : Fakultas Hukum, Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/kw.14.1.2020.21-28

Abstract

This study aims to analyze how the procedure for transferring rights of shares to a limited company in its articles of association does not contain the provisions of Article 57 paragraph (1) of the Company Law and how the procedure for transferring rights of shares to a limited liability company is through a grant from parents to children. This research uses normative research with the statutory approach and conceptual approach. The data are collected by literature study and analyzed descriptively. The analysis shows that if the company's articles of association does not include the provisions of Article 57 paragraph (1) of the Company Law, the party that transfers the right is not obliged to: (a) offer beforehand to certain classification shareholders or other shareholders; (b) obtaining prior approval from the Company's Organs; and/or (c) obtain prior approval from the competent authority in accordance with statutory provisions; (2) Transfer of rights over shares through a grant from a parent to a child is not obliged to comply with the formulation of Article 57 paragraph (1) of the Company Law, especially regarding the approval of the company's organs, but in the case of changes in the structure of the company's management as a result of the transfer of rights over said shares, the party in the transfer of rights to shares must obtain approval at the General Meeting of Shareholders regarding the ability of the recipient of the transfer of rights to shares in carrying out their duties
Penerapan Hukuman Mati di Indonesia dan Implikasi Pedagogisnya Yohanes S Lon
Kertha Wicaksana Vol 14 No 1 (2020)
Publisher : Fakultas Hukum, Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/kw.14.1.2020.47-55

Abstract

This study aims to discuss the pedagogical and pastoral implications of the application of the death penalty in Indonesia. This study uses a literature study method by presenting a discussion of the issue of the imposition of the death penalty in Indonesia and its implications for pedagogical activities. Anasilis results show that the application of the death penalty is contrary to human rights, specifically the right to life. Capital punishment authorizes external parties and human institutions to negate or revoke a person's right to life. It betrays the inherent and inseparable nature of the right to life of a human being. The right to life is accepted since a person becomes a human. So when the death penalty is applied in Indonesia, there is a perception that the government or state seems to legalize acts of violence against human rights. Such a perception can justify every act of violation of human rights of everyone. Consequently, the state is responsible for eliminating such perceptions by protecting Indonesian children from mistaken or wrongful understanding of human rights as a result of the imposition of the death penalty. For this reason, the government needs to encourage and develop proper human rights education in schools, namely education that enables students to have a correct understanding of human rights and capital punishment, love human rights values, and behave according to human rights values. Such education should be based on freedom, equality, democracy and tolerance in pluralism.
Penguatan Karakter Sebagai Upaya Penanggulangan Kenakalan Remaja (Juvenile Delinquency) I Ketut Tjukup; I Putu Rasmadi Arsha Putra; Dewa Gede Pradnya Yustiawan; Jimmy Z. Usfunan
Kertha Wicaksana Vol 14 No 1 (2020)
Publisher : Fakultas Hukum, Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/kw.14.1.2020.29-38

Abstract

Juvenile delinquency is an act or behavior of adolescents that is contrary to the law, religion, and norms of society, which harms others, public peace and himself. This study aims to examine juridically about juvenile delinquency as a crime, and how appropriate countermeasures can be done. This study uses normative juridical method by using interview techniques in collecting data. The results showed that juvenile delinquency is something that disturbs the security of the community in which they live, because juvenile delinquency is a crime that is an act that violates legal norms, decency and even religious norms. In addition, juvenile delinquency is a deviant act that is contrary to the applicable laws and regulations and can damage the future of adolescents, it is necessary to overcome them. Belimbing Village Government, Pupuan Subdistrict, Tabanan Regency has made a breakthrough in tackling juvenile delinquency crime by making preventive countermeasures with a religious-communal approach.
Pelaksanaan Rencana Kegiatan Tahunan yang Mengatur CSR Pada BPR di Kabupaten Badung I Made Arjaya; Desak Gede Dwi Arini; P. B. Pramana
Kertha Wicaksana Vol 14 No 1 (2020)
Publisher : Fakultas Hukum, Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/kw.14.1.2020.39-46

Abstract

This study focuses on the application of Corporate Social Responsibility (referred in CSR) in Bank Perkreditan Rakyat (BPR), in Badung Regency. This BPR is expected to be able to prosper the surrounding community and carry out the mandate of PERDA Badung Regency No. 6 of 2013 concerning Corporate Social Responsibility. This research has two problem formulations, namely how is the arrangement of CSR in the BPR annual activity plan in Badung Regency and how is the implementation of the annual activity plan governing CSR in the BPR in Badung Regency. The method used is the empirical research method. This research is directly looking for data to the field. The results of the study show that corporate social responsibility is a company's commitment in improving the community's economy which is beneficial to the company and the general public. The regulation of corporate social responsibility at BPRs in Badung Regency, namely Law No. 40/2007 concerning Limited Liability Companies, PP No. 47/2012, and Badung Regency Regulation No. 6/2013. In the implementation of CSR in BPR in Badung Regency, it has been running well as in terms of education, scholarships for outstanding students and introduction of banking products to the local community.
Doha Declaration sebagai Perlindungan Masyarakat atas Akses Obat Esensial di Negara Berkembang Pasca Trips Agreement Putu Ayu Sriasih Wesna
Kertha Wicaksana Vol 14 No 1 (2020)
Publisher : Fakultas Hukum, Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/kw.14.1.2020.56-62

Abstract

This study aims to examine the protective articles in TRIPs related to medicine and how the Doha Declaration has become very important for developing countries in overcoming the problem of access to essential medicines. This study uses normative legal methods with a statute approach and conceptual approach. The analysis shows that based on the provisions in TRIPs there are two flexibility as protective articles of TRIPs to Patents, especially in the field of medicines, namely Parallel Imports, Compulsory Licenses. This is as regulated further in the Doha Declaration of 2001. The compulsory licensing model is a model that provides more benefits to public access to cheap drugs, especially essential drugs. The Doha Declaration contains seven paragraphs which provide an interpretation of Articles 7 and 8 of the TRIPS Agreement. Paragraphs 1-3 are preamble or preamble to the declaration while Article 4-7 is the implementing article (operative). The Doha Declaration provides provisions that can help developing and underdeveloped countries to overcome the impact of patent protection on the health sector stemming from the TRIPS agreement such as parallel imports and compulsory licenses.
Peran Lembaga Pusat Pelaporan dan Analisis Dalam Penaggulangan Tindak Pidana Money Laundring I Wayan Panca Eka Darma; I Made Minggu Widyantara; Ni Made Sukaryati Karma
Kertha Wicaksana Vol 14 No 1 (2020)
Publisher : Fakultas Hukum, Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/kw.14.1.2020.63-68

Abstract

This study aims to determine the role of the PPATK in handling money laundering after the enactment of Law No. 8 of 2010 concerning the prevention and eradication of money laundering and how criminal sanctions against money laundering in Indonesia. This study uses a normative legal method with a statutory approach. The conclusion of this research is first, PPATK as an independent institution that has 3 (three) main roles in the prevention and eradication of money laundering by receiving reports on suspicious financial transactions, analyzing reports received from the reporting party and then forwarding the results of the report analysis to the parties authorized. Where in the functions and duties of the PPATK are regulated in articles 30 through article 44 of Law No. 8 of 2010 concerning Prevention and Eradication of Money Laundering. Secondly, in the verdict Number: 339 / PID.B / 2010 / PN.JKT.PST, the contents of the decision stated that defendants I and II in the primer snare violated article 2 paragraph 1 in conjunction with article 18 of Law Number 31 of 1999 concerning criminal corruption as amended by Law Number 31 of 2001, challenge the amendment to Law Number 31 of 1999 in conjunction with article 55 paragraph 1 of the Criminal Code
Komunikasi NonVerbal Dalam Praktik Peradilan Pidana Dengan Kewenangan Melakukan Interpretasi Hukum Rocky Marbun
Kertha Wicaksana Vol 15 No 1 (2021)
Publisher : Fakultas Hukum, Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/kw.15.1.2021.62-71

Abstract

The logical consequence of submitting to the civil law system - one of which is paper working or administrative mindedness. As characterized by Article 75 of the Criminal Procedure Code, that is, every legal action must be in the form of an Investigation Report (BAP). Thus, a BAP is a legal document that contains information for Law Enforcement Officials (APH) to obtain a description of a criminal event. Normative Legal Studies, in essence, focus on APH activities to interpret legal documents in order to be able to bring up a legal decision. Thus, legal practitioners and academics forget about the ability of APH as an ordinary human being who can build a non-verbal communication in relation to the legal decisions it will make. Therefore, this study focuses on a form of non-verbal communication that has an influence on the praxis realm of legal science, namely by asking the problem is "how is the influence of non-verbal communication in the criminal justice process on the Criminal Justice System in Indonesia?" In order to answer this problem, the researcher used the Normative Juridical Research Method as a logical consequence in law based on secondary data through library research. In order to complement this research, the researcher used several models of research approaches, namely the philosophical approach, the semiotic approach, and the hermeneutic approach, with the analysis method being qualitative analysis. The results of the study indicate that there are efforts to marginalize legal interpretation as a basis for making decisions, by promoting non-verbal communication in criminal justice practices.
Perkawinan Campuran , Pencatatan Keabsahan Pencatatan Perkawinan diluar Indonesia Berdasarkan Peraturan Perundang-Undangan Sheanny Scolastika; Gavrilla Theodora; Olga Nadina; Tsamara Probo Ningrum
Kertha Wicaksana Vol 14 No 2 (2020)
Publisher : Fakultas Hukum, Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/kw.14.2.2020.139-146

Abstract

International marriage is a marriage with a foreign element in it. Mixed marriage as set out in article 57 of Law No. 1 of 1974 on Marriage states that mixed marriage is a marriage between two persons in Indonesia subject to different laws, due to differences in citizenship and one of the foreign nationals and one of the Indonesian nationals. Regulations on the registration of marriage outside Indonesia under the Population Administration Law and the registration of marriage outside Indonesia under the marriage law use the term “registration” whereas the provisions of the Population Administration Act use the term “registry” so that further discussion of the distinction should be made. In addition to the timeframe there is also a difference, in the marriage law provides a 1 (one) year deadline, while in the Public Administration Act gives the registration deadline of only 1 (one) month. Based on this background the problem can be drawn first, in the event of a marriage outside Indonesia, which rule of law will apply. Second, is there a difference in meaning between "registration" and "registry". The results of this study indicate that there is a conflict of norms regarding the timing of marriage registrations and marriage registrations outside Indonesia, substantially administrative. Recording is a form of publishing and publishing a state-issued document for legal protection. Thus, unless otherwise noted, the marriage is considered to have never occurred by the state.

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