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Nyoman Gede Sugiartha
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INDONESIA
Jurnal Interpretasi Hukum
Published by Universitas Warmadewa
ISSN : 27465047     EISSN : 2809977X     DOI : https://doi.org/10.22225/juinhum
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Jurnal Interpretasi Hukum website provides journal articles for free download. Our journal is a journal that is a reference source for academics and practitioners in the field of law. Jurnal Interpretasi Hukum is a law journal articles of students for Law Science published by Warmadewa University Press. Jurnal Interpretasi Hukum has the content of research results and reviews in the field of selected studies covering various branches of Law in a broad sense. This journal is published 3 times within a year April, August, and December, submitted and ready to publish scripts will be published online gradually and the printed version will be released at the end of the publishing period. The language used in this journal is Indonesian.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 395 Documents
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Visum Et Repertum Sebagai Alat Bukti dalam Menentukan Tuntutan Pidana terhadap Kasus Penganiayaan Berat Ni Putu P Novi Widiantari; I Nyoman Gede Sugiartha; Ni Made Sukaryati Karma
Jurnal Interpretasi Hukum Vol. 3 No. 2 (2022): Jurnal Interpretasi Hukum
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/juinhum.3.2.5067.292-297

Abstract

In Indonesian law, there is one piece of evidence called Visum et Repertum. The evidence is in the form of a statement from an expert in Judicial Medicine or Forensic Medicine obtained from the examination of the victim's body. The purpose of this study was to analyze the form of the Visum et Repertum equation as a valid evidence in the crime of serious maltreatment and to examine the strength of the proof of the post-mortem as evidence in determining the prosecution for cases of severe maltreatment. Visum et Repertum is one of the most important pieces of evidence in cases of severe abuse because it can assist judges in making decisions. This study uses a normative legal method which uses a statutory, conceptual, and deductive-inductive logical reasoning approach. The sources of the legal materials for this study are primary legal materials which contain the Criminal Code, the Criminal Procedure Code, the Law on the Principal Powers of Judges, the Law on the Indonesian Attorney General's Office, and the Law on the Indonesian National Police. Secondary legal materials consisting of: print and electronic literacy relevant to this . Data collection techniques used: library techniques and note-taking techniques, the data was collected then analyzed systematically through arguments formed from legal logic. This finds that Visum et Repertum is not explained directly in the Criminal Procedure Code, but the evidence from the examination relating to the body or life is considered valid and can be a consideration for judges in deciding a case with valid evidence.
Sanksi Pidana terhadap Anak yang Melakukan Tindak Pidana Kekerasan Dalam Rumah Tangga Pius. A. Samponu; Anak Agung Sagung Laksmi Dewi; Ni Made Sukaryati Karma
Jurnal Interpretasi Hukum Vol. 3 No. 2 (2022): Jurnal Interpretasi Hukum
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/juinhum.3.2.5068.298-303

Abstract

As a result of early marriage that takes place without the mental readiness of the partner, it ends in divorce and also triggers domestic violence. The purpose of this research is to analyze the legal arrangements for domestic violence crimes and to examine criminal sanctions against minors who commit domestic violence crimes. The research methods used include normative research methods using a statutory approach, and a conceptual approach. Primary data is sourced from legislation relevant to the problem being studied, while secondary data and tertiary data are sourced from books, legal journals and legal websites related to the problem. The result shows that the regulation regarding domestic violence is contained in Law Number 23 of 2004, the definition of domestic violence is any form of physical, psychological, sexual violence, and neglect of the household and is classified as against the law that occurs in the household environment and causes suffering to the victim. Protection for victims of domestic violence begins with protection by the police, health sector, social worker sector, companion volunteers, spiritual mentors, advocacy protection, and protection from judicial institutions. Domestic violence committed by children due to the phenomenon of early marriage, efforts to protect legal rights refer to the child protection law Law Number 17 of 2016 and Law Number 11 of 2012 concerning the Child Criminal Justice System with imprisonment or job training.
Tinjauan Yurdis terhadap Dampak Keterlambatan Pendaftaran Akta Kelahiran bagi Anak Anak Agung Putra Agung Dwicahyana; Anak Agung Sagung Laksmi Dewi; Anak Agung Istri Agung
Jurnal Interpretasi Hukum Vol. 3 No. 2 (2022): Jurnal Interpretasi Hukum
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/juinhum.3.2.5069.304-308

Abstract

A birth certificate is a piece of paper issued by the civil registry office for the birth of a person as a form of identity for each child. This research is due to the delay in registration of birth certificates in Badung Regency which causes legal consequences for both children and parents. So the purpose of this research is to discuss the mechanism for registering birth certificates for children who are late in registering their births at the Population and Civil Registration Office of Badung Regency and to analyze the legal impact of late registration of birth certificates. The research method used in this research is empirical legal research, based on facts from the results of a field survey which is to examine the applicable legal provisions and how the law applies in society. The sources of legal materials for this research are primary and secondary sources using interview and note-taking techniques in collecting data. This research discusses the importance of birth certificates, the relationship of legal status to children associated with delays in making birth certificates, the mechanism for registering a child's birth certificate late and the legal impact of delays in registering a child's birth certificate. If a child obtains a birth certificate, it is a form of legal protection provided by the state to children, this protection is the rights of everyone, including children, and to be able to obtain an identity and citizenship based on the child's status so that it is legally valid. Birth registration is a basic right of legal recognition of that person's existence.
Tindak Pidana terhadap Pelaku Penanaman Pohon Ganja Secara Ilegal Berdasarkan Putusan Pengadilan Negeri Sanggau Nomor 111/Pid.Sus/2017/Pn.Sag Gaviota Adrian Yohan; I Nyoman Gede Sugiartha; Diah Gayatri Sudibya
Jurnal Interpretasi Hukum Vol. 3 No. 2 (2022): Jurnal Interpretasi Hukum
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/juinhum.3.2.5072.309-314

Abstract

Narcotics are substances or drugs derived from a plant, either synthetic or semi-synthetic, which can cause a decrease or change in consciousness, relieve pain, and even cause dependence, one of which is marijuana. Cannabis is prohibited from being used for the benefit of health services. The purpose of this research was to analyze the regulation of criminal acts for perpetrators of illegally planting marijuana trees and to discuss the considerations of the panel of judges against perpetrators of illegally planting marijuana trees for medicinal purposes. The normative method is used in conducting this research, which uses the Legislative approach, and the conceptual approach. Sources of legal materials consist of primary and secondary sources. Data collection techniques using library techniques and note-taking techniques. The results of the research indicate that someone planting marijuana trees without rights is an unlawful act and the act of planting marijuana exceeds five trees, the perpetrators are charged with Article 111 paragraphs (1) and (2) of the Narcotics Law and the judge's consideration in deciding cases based on article 116 paragraph (1) of the Narcotics Law.
Peranan Kepolisian dalam Menangani Aksi Premanisme di Wilayah Hukum Polda Bali I Komang Arya Kusumantara; I Nyoman Gede Sugiartha; Luh Putu Sudini
Jurnal Interpretasi Hukum Vol. 3 No. 2 (2022): Jurnal Interpretasi Hukum
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/juinhum.3.2.5074.322-327

Abstract

With the increasing number of residents also the number of evictions participated increased. This is also driven by the increasing population experiencing poverty, therefore encouraging people to commit crimes such as the many acts of thuggery. The focus of the research is to discuss the role of the police in dealing with thuggery acts in the Bali Police area and analyze the factors that cause thuggery acts in the Bali Police area. The method used in this research is the empirical legal method using a sociological approach. The research was carried out by taking data in the field as the main source of material, and books and journals as a secondary source. Data collection techniques using Observation Techniques in obtaining the data. Then, the results of the research explain that the role of the police in dealing with acts of thuggery in the Bali Regional Police is carried out using two efforts, namely preventive efforts including surveillance, patrolling, coaching and counseling. Repressive efforts include investigations, conducting raids in a structured manner. The factors that cause thuggery in the area protected by the Bali Police are caused by two factors, namely internal factors including thinking maturity and psychological pressure as well as internal factors.
Tindak Pidana Plagiarisme terhadap Novel Elektronik pada Aplikasi Wattpad Ni Wayan Nita Dewi; I Nyoman Gede Sugiartha; I Wayan Arthanaya
Jurnal Interpretasi Hukum Vol. 3 No. 2 (2022): Jurnal Interpretasi Hukum
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/juinhum.3.2.5075.328-331

Abstract

Plagiarism is taking a work, statement, and so on from someone else and making it like their own work and statement. The perpetrators of plagiarism are called plagiarists because there are many ordinary people who violate other people's copyrighted works on the Wattpad digital application. Publishing literary works by the general public and making them easier to read in the application does not rule out copyright infringement. The purpose of this research is to analyze the legal arrangements for the crime of plagiarism and what are the legal protections for victims whose electronic novels are plagiarized on the Wattpad application. The sources of legal materials for this research consist of primary, secondary and tertiary materials. Primary materials are sourced from laws and regulations which are the basis for analyzing problems. Then secondary legal materials come from legal books and journals that support primary sources. While tertiary materials are sourced from other reading materials on the website. Data collection techniques used are library techniques, identifying, and analyzing materials. The result shows that plagiarism can be a criminal act for stealing other people's copyrights. In Indonesia, copyright issues are regulated in the Copyright Law, Number 28 of 2014. Copyright law includes provisions of criminal law that can be sanctioned to anyone who violates the rights copyright for other people's creations.
Perlindungan Hukum terhadap Konsumen atas Barang Tiruan Pada Transaksi E-Commerce (Studi Kasus pada Toko Stridewear.Id Bali) Gde Nanda Radithya Kresnantara Sanjaya; I Nyoman Putu Budiartha; Ni Made Puspasutari Ujianti
Jurnal Interpretasi Hukum Vol. 3 No. 2 (2022): Jurnal Interpretasi Hukum
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/juinhum.3.2.5076.332-338

Abstract

In respecting the rights of consumers, complete and accurate information is very important for an item in upholding consumer rights, goods purchased elsewhere which are for resale are not genuine and have been missed from checking for originality in stores. It was found that the goods purchased by consumers in other stores were not authentic and the goods purchased by consumers were missed from checking for originality at the store. In respecting the rights of consumers, it is important that business actors provide information on the accuracy of a service or goods, so that the problem is guided by Law No. 8 of 1999 concerning Consumer Protection. The purpose of this study is to determine the form of consumer protection in e-commerce and to find solutions for the responsibility of business actors to consumers. This study uses an empirical study type using a statutory approach and a conceptual approach. Stridewear.Id in carrying out the form of legal responsibility to consumers, prefers to use civil legal responsibility, namely through compensation actions which can be in the form of the same goods, as well as money, in accordance with the agreement between the consumer and the shop owner or business actor.
Penerapan Informed Consent di Klinik Pratama Tiara Husada Tjokorda Istri Agung Devitia Widya Paramita Putri; Anak Agung Sagung Laksmi Dewi; Luh Putu Suryani
Jurnal Interpretasi Hukum Vol. 3 No. 2 (2022): Jurnal Interpretasi Hukum
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/juinhum.3.2.5090.339-345

Abstract

The aim is to implement informed consent at Tiara Husada Primary Clinic. This research includes empirical legal research based on sociological, factual, and conceptual approaches. The data is sourced from the results of field research and legislation. While the data collection is done by using the technique of documentation, interviews and literature research. The results of the research show that the implementation of the approval of medical actions at the Tiara Husada Pratama Clinic is juridically in accordance with applicable regulations, where in its implementation it is prioritized on the communication process between doctors and their patients, not only on filling out and signing forms. If there is a difference of opinion between the doctor and his patient regarding the medical action to be carried out, the medical personnel in the settlement, will continue to try to respect the patient's human rights by continuing to provide the best service, providing other alternative actions even though the results are not optimal compared to the medical actions that have been suggested, and didn't force them to go home.
Implementasi Peraturan Daerah Kabupaten Bangli Nomor 2 Tahun 2018 tentang Rencana Induk Pembangunan Kepariwisataan Daerah Tahun 2019-2025 terhadap Pengembangan Desa Wisata Dimasa Pandemi Covid-19 I Komang Tresnanda Pramana; I Nyoman Putu Budiartha; I Gusti Agung Ayu Gita Pritayanti Dinar
Jurnal Interpretasi Hukum Vol. 3 No. 2 (2022): Jurnal Interpretasi Hukum
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/juinhum.3.2.5091.346-351

Abstract

The implementation of Bangli Regency Regulation Number 2 of 2018 concerning the Master Plan for Regional Tourism Development for 2019-2025 has not been optimal, due to the covid-19 pandemic. Thus, this study aims to determine and describe the implementation of the District Regulation Bangli No. 2/2018 on the development of tourist villages during the covid-19 pandemic; and to find out the obstacles and efforts of the Bangli district government in implementing the District Regulation. Bangli No. 2/2018 on the development of tourist villages during the covid-19 pandemic. This study uses empirical research methods, namely by collecting data through observation and interviews to the research location. Data were analyzed descriptively. The results of this study found that the Covid-19 pandemic had an impact on the implementation of the District Regulation. Bangli No. 2/2018, in which the implementation of this regulation has not been fully implemented as previously intended. This is because there are obstacles in the implementation of the Regional Regulation itself.
Perlindungan Hukum Bagi Konsumen terhadap Wanprestasi dalam Perjanjian Jual Beli Purchase Order (Po) Melalui Media Online Made Irnanda Diandifa Lestari; I Nyoman Putu Budiartha; I Gusti Agung Ayu Gita Pritayanti Dinar
Jurnal Interpretasi Hukum Vol. 3 No. 2 (2022): Jurnal Interpretasi Hukum
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/juinhum.3.2.5109.315-321

Abstract

Today, information and communication technology has provided many changes to human life. With the development of technological sophistication, this buying and selling process can be carried out without meeting the seller and the buyer. Trading activities through the use of the internet are called electronic commerce or what is known as the abbreviation e-commerce. This study aims to analyze and describe the legal protection for consumers against default in buying and selling agreements through online media. In this study using the normative method, by tracing various aspects. Legal materials are sourced from legislation, collected through documentation and literature studies. The results of the study indicate that Purchase orders (PO) can be said to be evidence of buying and selling transactions through electronic media because when viewed from the form and content of the purchase order is a valid sale and purchase agreement. In addition, business actors can be prosecuted through an authorized institution in resolving disputes by harmed consumers, or it can also be resolved through peaceful means.

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