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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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Kedudukan Konsultan Hukum Hak Kekayaan Intelektual dalam Pendaftaran Hak Paten I Nyoman Mahendra Guna; Johannes Ibrahim Kosasih; I Made Aditya Mantara Putra
Jurnal Interpretasi Hukum Vol. 3 No. 3 (2022): Jurnal Interpretasi Hukum
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55637/juinhum.3.3.5787.423-428

Abstract

The 1945 Constitution of the Republic of Indonesia clearly states that the State of Indonesia is a state of law. If an invention or work, it must be identical to a patent that is then filed by an Intellectual Property Consultant. What is meant by this patent is that it must belong to the inventor or creator. Therefore, researchers want to know more about the above, which can be formulated. The problem is about the legal arrangement of the position of intellectual property rights consultants in the registration of patent rights according to patent law and legal consequences if there is a violation by an intellectual property rights consultant in the registration of patent rights. This research uses a normative type, namely research by analyzing literature based on the legal materials used. The legal basis for intellectual property rights consultants is regulated in the Government Regulation of the Republic of Indonesia Number 2 of 2005 concerning Intellectual Property Rights Consultants. The use of a person's patent rights without permission has an impact on legal consequences and can be entangled in accordance with the articles in Law Number 13 of 2016 concerning Patents.
Kewenangan Penangkapan oleh BNN dan Polri Terhadap Pelaku Tindak Pidana Narkotika di Tinjau dari Perspektif Hak Asasi Manusia (HAM) Ronaldo Ragowino Bira; Anak Agung Sagung Laksmi Dewi; I Nyoman Sutama
Jurnal Interpretasi Hukum Vol. 3 No. 3 (2022): Jurnal Interpretasi Hukum
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55637/juinhum.3.3.5788.441-446

Abstract

The eradication of narcotics crime is very necessary so that it involves the police and BNN as stated in the mandate of Law No. 35 of 2009 concerning Narcotics. The method used in this paper is a qualitative legal material management method that uses a normative assessment, which is after the primary and secondary legal materials are collected, the presentation is carried out descriptively and systematically. The authority of BNN investigators and Polri investigators in investigating Narcotics crime has a different legal basis related to the period of arrest of narcotics criminals so that this causes human rights violations regarding the arrest period used by BNN and Polri investigators, resulting in the absence of legal certainty and Equal treatment before the law. The laws and regulations are expected to provide legal certainty and for BNN and Polri investigators to be more observant in carrying out their duties and responsibilities so as not to harm others and create legal certainty for the entire community.
Penerapan Sanksi Pelanggaran Awig-Awig Terhadap Krama Banjar Tegeha Desa Adat Sempidi Kadek Yogi Pranata Mulyawan A; I Nyoman Putu Budiartha; I Ketut Sukadana
Jurnal Interpretasi Hukum Vol. 3 No. 3 (2022): Jurnal Interpretasi Hukum
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55637/juinhum.3.3.5789.435-440

Abstract

Awig-awig is a rule set by village adat or krama Banjar Adat, which is used as a guideline in carrying out Tri Hita Karana in accordance with Mascara village and French religion in adat/banjar villages with the same reaction by adat. Continue to learn the concept of Tri Hita Karana in such a way that breaking the front hand will cause a major imbalance or harmonization of the summary and will also be punished according to the agreement of the hand. On that basis, the problem posed in this thesis is how to apply the awig awig punishment in the Banjar traditional village of Tegeha Sempidi to the residents of Banjarese manners who violate the rules and elements of Banjar manners. / violators of ethics. The research method used is experimental legal research with a community approach and direct field work. The results of this study, enforcement of sanctions is carried out because Paruman is led by Kelian and Banjar Prajuru and is supported by all krama banjara who follow Paruman and its prohibition elements. cheat by reducing the size of rice.
Tindak Pidana Pelanggaran Kesusilaan di Kepolisian Resor Karangasem Agus Hindiana Christantino Mek; Anak Agung Sagung Laksmi Dewi; I Nyoman Subamia
Jurnal Interpretasi Hukum Vol. 3 No. 3 (2022): Jurnal Interpretasi Hukum
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55637/juinhum.3.3.5790.417-422

Abstract

Crimes and violations of decency such as adultery can cause trauma and mental damage to the victim, and often lead to physical violence if caught or the victim does not want to comply with the perpetrator's request to be ambiguous. Based on this background, the formulation of the problem is how to regulate the violation of decency at the Karangasem Resort Police and how to sanction the violation of decency at the Karangasem Resort Police. The research method used is data processing in normative law. To be able to find out what is included in the act of decency in the regulation of criminal law laws. So that if there is an immoral crime, there must be sanctions that ensnare the perpetrators of these crimes, which sanctions become a tool to guide the community so that it has a deterrent effect on the perpetrators of these crimes.
Analisis Putusan Hakim Terhadap Anak Pelaku Tindak Pidana Ancaman Kejahatan Seksual (Putusan Pengadilan Negeri Semarapura Nomor: 2/Pid.Sus-Anak/2021/PN.Srp) I Putu Agus Adi Pratama Yasa; A.A. Sagung Laksmi Dewi; I Made Minggu Widyantara
Jurnal Interpretasi Hukum Vol. 3 No. 3 (2022): Jurnal Interpretasi Hukum
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55637/juinhum.3.3.5791.429-434

Abstract

The Indonesian state is a nation that has been separated from colonialism and has all kinds of freedoms but is believed to be still regulated by regulations. But in reality what is happening in the field is not the same and much different from the wishes of our country, one of which is the increasing number of crimes of sexual harassment. By using the normative method, two problem formulations were obtained, namely, the review of the panel of judges in giving a decision on acts of sexual abuse of children in criminal cases where the results of the judges' considerations stated that child sexual crimes could damage the future and honor of the victim. And the decision of the Semarapura District Court judge stated that it was definitely and rightly against the existing rules and the criminal act of threatening violence by coercion on a child to have intercourse with him. So it can be concluded that children's crimes are snared with a criminal which is expected to have a deterrent effect. The author's suggestion for the government, the community is to focus more on child protection.
Mediasi Sebagai Alternatif Penyelesaian Sengketa Perceraian Akibat Kekerasan Dalam Rumah Tangga Made Adityaswara Amerta Yoga S; Anak Agung Sagung Laksmi Dewi; I Made Minggu Widyantara
Jurnal Interpretasi Hukum Vol. 3 No. 3 (2022): Jurnal Interpretasi Hukum
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55637/juinhum.3.3.5802.447-454

Abstract

The current of globalization has affected the life of the Indonesian nation, especially in the field of law and economics. However, so far, it has not become a necessity for community traffic practices. Increasing intensity in the family, not only gives rise to higher and higher life dynamics, but will also increase the intensity of conflicts between husband and wife. This research method uses a normative type of legal research, namely by taking a statutory approach that examines applicable laws and regulations and takes a conceptual approach, namely examining literature materials in the form of theories, opinions of legal experts, and others related to the problem. The results of the study said that the position and function of Mediation in the settlement of divorce disputes, is to control the process and affirm the basic rules in this case Mediation is authorized to control the mediation process from beginning to end and facilitate the meeting of the parties and assist the parties in conducting negotiations, as well as Mediation maintains the structure and momentum in negotiations. Mediation has the authority to maintain and maintain the structure and momentum in negotiations, where the parties are given the opportunity to conduct talks and bargain in resolving disputes and ending the process when the mediation is no longer productive, in the mediation process it is often found that the parties are very difficult to discuss openly. They adhere to strict and rigid principles, especially during negotiations, and their mediation function is as catalysts, educators, translators, resource persons, bad news anchors, agents of reality, and scapegoats.
Perjanjian Elektronik Pada Pinjaman Online Nyoman Andhi Priyambawa; I Nyoman Putu Budiartha; A.A. Sagung Laksmi Dewi
Jurnal Interpretasi Hukum Vol. 3 No. 3 (2022): Jurnal Interpretasi Hukum
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55637/juinhum.3.3.5803.455-460

Abstract

In cyberspace, you can find technology-based financial services called online lending. All statements and approvals are made only by the debtor by pressing the smartphone screen or clicking through the computer. The purpose of this research is to find out the legal arrangements for online loan credit agreements electronically and the legal consequences if there is a default on online loans. The type of research is normative legal research with a statutory and conceptual approach. Legal materials consist of primary, secondary and tertiary legal materials, the collection of which is by literature study. legal materials were analyzed deductively with descriptive analysis and legal interpretation. The results of the study show that the implementation of online credit lending agreements is regulated in the Financial Services Authority Regulation Number 77/Pojk.01/2016 concerning Information Technology-Based Borrowing-Lending Services. Regulate the contents that must be included in the online credit loan agreement, both online credit agreements made between the provider and the lender or between the creditor and the credit recipient. The settlement of bad loans is regulated in the Code of Conduct for Responsible Information Technology-Based Lending and Borrowing Services issued by the Indonesian FinTech Association.
Sanksi Pidana Terhadap Pelaku Tindak Pidana Perdagangan Orang Rendi Salasbi; Anak Agung Sagung Laksmi Dewi; I Made Minggu Widyantara
Jurnal Interpretasi Hukum Vol. 3 No. 3 (2022): Jurnal Interpretasi Hukum
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55637/juinhum.3.3.5804.461-466

Abstract

Trafficking in person is a crime that operates secretly, so that the community and LSM have the right to obtain legal protection and can assist authorized officers by providing information or reporting when they witness the crime of trafficking in person. The regulation of the criminal act of trafficking in persons before Law Number 21 of 2007 concerning the Eradication of the Crime of Trafficking in Persons is passed, the Penal Code Article 297 which reads Trafficking of women and boys who are not yet adults, is punishable by imprisonment of up to 6 years. Criminal sanctions against the perpetrators of the criminal act of trafiicking in persons include, among others, any person who recruits, sends, transfers, or receives a person with threats of violence, the use of force, kidnapping, imprisonment, forgery, fraud, abuse of power, paying even though obtaining approval from the person holding the control over another person, for the purpose of exploiting that person in the territory of the Republic of Indonesia, is sentenced to a minimum of 3 years and maximum of 15 years imprisonment, is subject to a fine of at least IDR 120,000,000 and maximum fine of IDR 600,000,00,-
Kebijakan Formulasi Pertanggungjawaban Pidana Terhadap Penanganan Malpraktek Yang Dilakukan Oleh Dokter Ida Ayu Dwi Wirautami; I Ketut Rai Setiabudhi
Jurnal Interpretasi Hukum Vol. 3 No. 3 (2022): Jurnal Interpretasi Hukum
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55637/juinhum.3.3.6379.467-474

Abstract

The rise of malpractice cases in Indonesia occurs due to the fault or negligence of a doctor in an effort to take medical action against patients. The purpose of this paper is to find out related to criminal liability for the handling of malpractice carried out by doctors based on law no. 29 of 2004 concerning the practice of medicine and the Criminal Code as well as criminal law arrangements for doctors who commit malpractice acts in the future. Normative legal research in this study departs from vague norms that do not explain specifically the policy of formulating criminal liability for the handling of malpractice carried out by doctors. As a result of this writing, there is no criminal liability policy for the handling of malpractice carried out by doctors clearly written in the Criminal Code and the Medical Practice Law, so it is felt that it is difficult to solve problems related to malpractice. The regulation of malpratics in the future is to make or update formulations and orientations related to laws and regulations regarding criminal acts or acts of medical malpractice and reformulate subsequent regulations through penal mediation as an ius constituendum policy in the context of updating criminal law in Indonesia.
Pengaturan Sanksi Kebiri Kimia Bagi Pelaku Pedofilia Berdasarkan Undang-Undang Perlindungan Anak Ni Luh Bella Mega Brawanti; I Ketut Rai Setiabudi
Jurnal Interpretasi Hukum Vol. 3 No. 3 (2022): Jurnal Interpretasi Hukum
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55637/juinhum.3.3.6380.475-479

Abstract

The qualification of chemical castration sanctions in the Child Protection Law as an action sanction gives rise to a blur in viewing the purpose of chemical castration sanctions. In this writing, it seeks to clarify the difference between criminal sanctions and action sanctions in criminal law and the relevance of qualifying chemical castration sanctions as action sanctions in criminal law. Through normative research, using various literature and related laws and regulations, the author seeks to dissect the problem. The results of this paper show that criminal sanctions lead to suffering whereas action sanctions lead to recovery, and make the sanctions of chemical castration acts have differed from the main reason for actions in criminal law and are irrelevant to be applied today because they lead to more of an expulsion that can give rise to the existence of a double punishment.

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