bluuebunny/crossref_metadata_2025 huggingface dataset:
Pengenaan Sanksi Adat Bagi Pelaku Tindak Pidana Penyalahgunaan Wewenang Terhadap Keuangan Pada Lembaga Perkreditan Desa (LPD) Tuwed Kecamatan Melaya Kabupaten Jembrana
Authors: Mahottama Kadek Mas Aditya , I Nyoman Putu Budiartha  , Ni Made Puspasutari Ujianti
Published: May 2022

Abuse of authority in customary village institutions is not only sanctioned by national law but also sanctioned by customary law or commonly called awig – awig. For example: the abuse of authority that occurred in the Village Credit Institution (LPD) Tuwed, Melaya District, Jembrana Regency. This research was conducted to examine the form of imposition of customary sanctions for perpetrators of criminal acts of abuse of authority over finances at the Tuwed Village Credit Institution (LPD) Melaya District, Jembrana Regency. The research method used in this research is empirical legal research by approaching people who can be used as sources. Sources of data used in this research are primary and secondary data. Data were analyzed using qualitative analysis methods. The results in this research are: The existence of customary law in the national legal system is still gray until now because in several cases that occurre which should have involved customary law or customary village awig - awig but during the settlement process it seemed that it had no power or ignored in court proceedings and national law. And the abuse of authority over finances at the Tuwed Village Credit Institution for the settlement of criminal cases through customary law consists of the first, the mediation system, and second, the restorative justice system and the sanctions given based on customary law in the form of social sanctions.
Larangan Penguasaan Tanah Oleh Wna Melalui Perjanjian Nominee
Authors: Dharma Kadek Ramdhana Wija , I Nyoman Putu Budiartha  , Ni Made Puspasutari Ujianti
Published: May 2022

A nominee agreement is an agreement made between a person who according to law cannot be the subject of certain land rights (property rights), in this case a foreigner and an Indonesian citizen, with the intention that the foreigner can control (own) the land with the right of ownership legally. de facto, but legally-formally (de jure) the land with the right of ownership is in the name of an Indonesian citizen. Foreign nationals who control land owned by Indonesian citizens by entering into a nominee agreement. This research was conducted to examine the form of prohibition of land tenure by foreigners through the Nominee Agreement. The research method used is an empirical method with a statutory regulatory approach and conceptual approach. This study uses primary legal materials and secondary legal materials. data collection techniques by collecting, studying, exploring and reviewing documents in depth relating to the problems studied. The data collected were analyzed using qualitative methods. The results of this study indicate that the validity of the nominee agreement and the legal position of foreign citizens in land tenure through the nominee agreement. The legal force of a nominee agreement can be seen from the fulfillment or not of the legal requirements of an agreement as specified in Article 1320 of the Civil Code and good faith at the stage of contract formation, negotiation and signing of the nominee agreement
Upaya Rehabilitasi Bagi Penyalahguna Narkotika Oleh Badan Narkotika Nasional (BNN) Kabupaten Gianyar
Authors: Haris Wirayuda  , Anak Agung Sagung Laksmi Dewi  , Made Minggu Widyantara
Published: May 2022

Drug addicts “sacrifice” themselves because they suffer from toxidrome as a result of their own substance abuse. Article 54 of Law Number 35 of 2009 concerning Narcotics states that victims of narcotics abusers need medical or social rehabilitation. The government is tough in dealing with the problem of drug addiction through the National Narcotics Agency (BNN). This research was conducted to reveal the rehabilitation efforts for narcotics abusers by the National Narcotics Agency (BNN) of Gianyar Regency. This research was conducted using empirical legal research. The approach used in this research is a sociological approach. primary material research data sources are through field research and secondary materials written by experts and the results of scientists. The data collected were analyzed using qualitative methods. The results showed that rehabilitation assistance for drug addicts is regulated by the government in Law Number 35 of 2009 concerning Narcotics and Government Regulation Number 25 of 2011 concerning the Implementation of Compulsory Reporting of Narcotics Addicts. Rehabilitation efforts for Narcotics addicts by the National Narcotics Agency (BNN) of Gianyar Regency are to disseminate the importance of rehabilitation for narcotics addicts to agencies both government and private institutions as well as to schools in Gianyar Regency.
Efektivitas Pelaksanaan Peraturan Bupati Karangasem Nomor 42 Tahun 2020 dalam Upaya Pencegahan dan Pengendalian Covid-19 di Kabupaten Karangasem
Authors: Ni Made Sasmita Ayuningrum  , Anak Agung Sagung Laksmi Dewi  , Ni Made Puspasutari Ujianti
Published: May 2022

Currently the Karangasem Regency government is trying to reduce the positive number of Covid-19 in Karangasem Regency which has increased quite drastically, so the Karangasem Regent issued Regent Regulation Number 42 of 2020 concerning the Implementation of Discipline and Law Enforcement of Health Protocols as an Effort for Prevention and Control of Coronavirus Disease 2019 in New Era Life Order. This research was conducted to examine the effectiveness of the implementation of the Karangasem Regent's Regulation Number 42 of 2020 in an effort to prevent and control Covid-19 in Karangasem Regency. The research method used is empirical legal research. This research applies a field approach, a Legislative approach, and a case approach. Sources of data used in the form of primary legal data and secondary legal data. The data analysis method used is a qualitative method. The results of this study indicate that the implementation of the Karangasem Regent's Regulation Number 42 of 2020 in controlling Covid-19 in Karangasem Regency has gone well according to the applicable laws and regulations. Factors inhibiting the implementation of the Karangasem Regent's Regulation Number 42 of 2020 in an effort to prevent Covid-19 in Karangasem Regency There are internal factors and external factors, so that in terms of community compliance in obeying the rules, it is very important.
Perlindungan Hukum Terhadap Pemegang Hak Cipta Terkait Kegiatan Streaming Dan Download Film Bajakan Melalui Website Ilegal
Authors: Wiratama Anak Agung Gde Chandra , I Nyoman Putu Budiartha  , Diah Gayatri Sudibya
Published: May 2022

Currently, there are many pirated films that are circulated in Indonesia, which use the internet to provide illegal websites that can be freely accessed by the public, regardless of the rights of the creator of the film being harmed. Unscrupulous website makers/providers of pirated films sometimes cheat by changing their names or website domains to deceive those who enforce the law in implementing their duties. The purpose of this research is to find out the consequences of the laws that arise for streaming and downloading pirated films through illegal websites. This research is a normative legal research using a statute approach and a case approach. Sources of data used in the form of primary data and secondary data. Data were analyzed using qualitative methods. Based on the data that has been analyzed, it shows that the form of legal protection for moral rights and economic rights of those who hold film copyrights for illegal downloading and broadcasting activities by other parties seen from the form of preventive protection with the 2014 UUHC made by the government can be interpreted as a form of protection. preventive measures to prevent violations of the rights of film creators and forms of repressive legal protection such as firm actions in the form of closing/blocking illegal websites and civil lawsuits by way of compensation, it can also be criminal prosecution depending on the active role of the creator or copyright holder of the film work.
Peranan Hasil Laboratorium Forensik Sebagai Bukti Dalam Tindak Pidana Narkotika Di Badan Narkotika Nasional Kabupaten Gianyar
Authors: Sanjaya I Gusti Ngurah Wira , I Nyoman Gede Sugiartha  , I Nyoman Sutama
Published: May 2022

The rapid development with sophisticated technology has resulted in narcotics criminals becoming more skilled in drug abuse. The process of proving narcotics must be proven with strong evidence, one of which must refer to the Criminal Procedure Code which is regulated in Article 184 paragraph (1) letter c, namely an authentic letter in determining the judge's belief regarding expert testimony, in this case written statements. This research aims to examine the form of the role of forensic laboratory results as evidence in narcotics crimes at the National Narcotics Agency (BNN) of Gianyar Regency. The research method used in this research is the empirical method. Researchers use legal research methods with a sociological juridical approach. Sources of data used in this research are primary data and secondary data. The data that has been collected was analyzed using qualitative methods. From the data analysis data, this research shows that the results of the forensic laboratory can be used as evidence to strengthen the demands to believe that the judge of a criminal act for the perpetrator has played a very important role in helping investigators find the elements of the crime they committed.
Peran Badan Usaha Milik Desa (BUMDES) Dalam Pengelolaan Keuntungan Objek Wisata Di Desa Ekasari Kabupaten Jembrana
Authors: Ni Putu Ayu Diah Novianti  , I Nyoman Putu Budiartha  , Ni Made Puspasutari Ujianti
Published: May 2022

The government strives to improve the community's economy, one of which is through Village-Owned Enterprises. Village-Owned Enterprises are institutions that were formed as an effort by the village government to improve the welfare of rural communities in accordance with their potential. Ekasari Village has tourism potential, the role of BUMDes is needed for its management. The purpose of this study was to analyze the management of tourism object profits by the Ekasari Village Owned Enterprise. The study was conducted using empirical methods and a sociological approach to law. The data used in this study are primary data and secondary data. Data were analyzed using qualitative descriptive methods. The results showed that BUMDes Ekasari made efforts related to regulating the development of tourism objects, namely by coordinating with tourism object managers so that they could be managed directly by the BUMDes Ekasari. Ekasari BUMDes profits are obtained through other business units, which will later be used for capital reserves, village income, and social funds. In addition, the role of the Village Government, Ekasari BUMDes to the community is very much needed in order to achieve the prosperity of the Village community through structured management of Ekasari BUMDes.
Efektivitas Pemberian Kredit Pada Lembaga Perkreditan Desa (LPD) Desa Pakraman Rangkan, Kecamatan Sukawati, Kabupaten Gianyar, Provinsi Bali
Authors: Dwitya Candra Yasa  , I Nyoman Putu Budiartha  , Ni Made Puspasutari Ujianti
Published: May 2022

Bali creates an economy that is able to prosper its people so that there are several institutions. One of which is a microfinance institution, namely Village Credit Institution (Lembaga Perkreditan Desa) located in all Pakraman villages in Bali. The purpose of establishing the Village Credit Institution (LPD) is to support rural economic development by improving people’s saving habits, providing credit for small-scale businesses. Creditors can provide credit to their members, and members who borrow (debtors) can return the credits obtained according to the agreement they made. Success can be defined as effectiveness. This research was conducted through a qualitative descriptive with empirical methods. Sources of data used in the form of primary data obtained from observations to LPD Pakraman Rangkan Village and secondary funds obtained from books and related references. These data sources were then processed qualitatively to obtain data that were relevant to the issues raised and presented in full in relation to certain aspects related to the problem and then analyzed its validity. The results showed that lending to the LPD of Pakraman Rangkan Village has not been implemented effectively because the LPD disburses credit only to people who have collateral goods, without prioritizing the people around Pakraman Rangkan Village.
Peran Badan Usaha Milik Desa (BUMDES) dalam Pengelolaan Obyek Wisata Di Desa Ekasari Kabupaten Jembrana
Authors: Vedhastama I Gusti Putu Ghosadhira , I Nyoman Putu Budiartha  , Ni Made Puspasutari Ujianti
Published: May 2022

Village-Owned Enterprises are institutions that were formed as an effort by the village government to improve the welfare of rural communities in accordance with their potential. Ekasari Village, which is located in Jembrana Regency, has established BUMDes since 2006. Ekasari Village has tourism potential and really needs the role of BUMDes for its management. This study examines two things: the implementation of tourism object management by the Village-Owned Enterprises in Ekasari Village and the efforts to manage Maria Palasari Caves to increase Village Original Income. The purpose of this study was to analyze the management of tourism objects by the Ekasari Village Owned Enterprise. This study was conducted using empirical methods and a sociological approach to law. There are two sources of legal materials for this study, namely: primary legal materials and secondary legal materials. Data collection techniques, through interview techniques and literature study. The results showed that the Ekasari BUMDes made efforts related to the implementation of tourism object management, namely by coordinating with the tourism object managers so that they could be managed directly by the Ekasari BUMDes. In addition, the role of the Village Government, Ekasari BUMDes to the community is very necessary in order to achieve the prosperity of the Village community through the management of tourism objects that are structured by the Ekasari BUMDes.
Sanksi Terhadap Pelanggaran ASN yang Terbukti Berpolitik Praktis dalam Pilkada Serentak
Authors: I Wayan Yoga Pratama Putra  , I Nyoman Gede Sugiartha  , Luh Putu Suryani
Published: May 2022

Pilkada is held every 5 years as a momentum for the Indonesian population to determine regional leaders, as a form of decentralization for the regions. One of them that is of particular concern is the violation of the neutrality of ASN who participates in practical politics. The main problem is analyzing the legal process for violations of ASN who participate in practical politics and explaining the sanctions against ASN who are proven to be in practical politics. The research uses the normative type through regulation and conceptual. The conclusion shows that the legal process for ASN violations that are proven to be in practical politics is the authority of Bawaslu to report to KASN based on sufficient evidence then KASN makes estimation results to PPK to process letters from KASN, then sanctions against ASN are proven to be politically practical. Discipline Article 7 Government Regulation Number 53 of 2010 concerning Civil Servant Discipline.
Penyelesaian Sengketa Penguasaan Tanah Hak Guna Bangunan di Atas Tanah Hak Pengelolaan Lahan Pemerintah Daerah
Authors: Made Putri Laras Sapta Ananda  , I Nyoman Putu Budiartha  , Ni Made Puspasutari Ujianti
Published: May 2022

In order to carry out the development, the HPL holder may grant rights to land above the HPL such as the Hak Guna Bangunan (HGB). However, in practice there are often legal problems related to the granting of land rights over HPL, especially HPL requests for land that is already an asset of the Regional Government's wealth to be converted into commercial activities. Problem formulation 1) What is the status of land tenure with Building Use Rights (HGB) over the Land Management Rights (HPL) of the Regional Government?; 2) Legal remedies taken in resolving disputes between HGB managers and HPL managers?. This type of research is normative juridical. HPL is not a land right as the Right to Build (HGB) which is regulated in the Basic Agrarian Law. The rights of the HGB holder are very limited because the HGB was established on land that is not theirs. HGB on HPL land of the Regional Government may be transferred or transferred with written approval from the Regional Government. HPL is non-transferable and cannot be used as collateral for debt with encumbrances with Mortgage Rights (HT). In practice, even though they have received quite strong protection in the existing provisions, there can be disputes between creditors with HGB guarantees over HPL.
Penyelesaian Kasus Perbuatan Curang Pengalihan Air Sawah Subak Puspa Sari Banjar Taman, Desa Tuwed, Kecamatan Melaya Jembrana
Authors: Ni Made Ratna Suwari  , I Nyoman Gede Sugiartha  , Luh Putu Suryani
Published: May 2022

The role of Pekasah and Traditional Villages in resolving cases of fraudulent acts of diversion of subak rice fields in Banjar Taman, Tuwed village, Jembrana Malay sub-district. Subak is a farmer community organization that lives and develops in a community that manages and regulates rice fields where this subak adheres to the concept of tri hita karana. The purpose of this research was to determine the role of Pekaseh in resolving cases of fraudulent acts of diversion of rice field water in Subak Puspa Sari Banjar Taman in Tuwed Village, District Melaya Jembrana in terms of a positive legal perspective and the role of Customary Law in resolving cases of fraudulent water diversion in subak Puspa Sari Bnajar Taman in Tuwed Village, Melaya Jembrana District. Adat in taking action based on the prevailing customary village Awig-awig. Then the type of research used in this paper is empirical is a type of field research, namely examining the applicable legal provisions and what happens in reality in society. The results of this research indicate that water problems usually occur in the famine or dry season, even though the village of Tuwed has utilized two dams, namely the Palasari dam and the Tukadaya dam, sometimes if the dry season is quite long it can also result in a decrease in the amount of water, but in the agricultural field it increases the amount of use. water because the soil is dry automatically the soil absorbs more water, at this time sometimes conflicts occur between farmers who want to use water for their respective agriculture, what if there has been a prolonged conflict that disrupts the harmony in the community, the traditional village is obliged to take a decision and steps to resolve problems that occur.
Sanksi Pidana Pelaku Pencemaran Nama Baik Melalui Media Sosial
Authors: Luh Putu Yustika Riani Kusuma  , Anak Agung Sagung Laksmi Dewi  , Luh Putu Suryani
Published: May 2022

Defamation is a continuous and active act in the sense that the suspect and the suspect meet face-to-face and defamation if it is expressed by speaking incorrectly and insinuating about someone to others and the news is heard by the person concerned through issues, or through newspaper media. and electronic media. The Government of Indonesia has made and stipulates legal regulations governing Electronic Information and Transactions in a form of legislation, namely Law no. 11 of 2008 concerning Information and Electronic Transactions. The purpose of this research is to analyze the regulation of criminal acts of defamation through social media and to discuss sanctions for perpetrators of defamation through social media. This research uses normative legal research, using a statutory approach and a conceptual approach. The system for regulating criminal acts of defamation through social media is regulated in Articles 310 and 311 of the Criminal Code and Article 27 paragraph (3) Article 28 paragraph (1) and Article 36 of the ITE Law. The sanctions are regulated in Article 45 paragraph (1) of the ITE Law, namely imprisonment a maximum of 6 (six) months and/or a fine of Rp. 1,000,000,000, - (one billion rupiah).
Tindakan Kriminalisasi Terhadap Seseorang Dengan Menggunakan Instrumen Undang-Undang ITE
Authors: Darmika I Made Rudy , Sagung Laksmi Dewi  , I Made Minggu Widyantara
Published: May 2022

Criminalization is a change in the value of changing many charges that were previously not criminal and not criminal into acts that are considered cunning and need to be punished. This research aims to find out how to regulate someone who commits an act of criminalization and the legal remedies that must be taken if someone is criminalized. This research is a type of normative and conceptual research on this problem. conceptual, case and comparative. This research emphasizes the interpretation and construction of law to obtain several legal norms, conceptions, lists of regulations and their implementation in concrete cases. From the discussion, the following results were obtained: The act of criminalizing a person using the ITE law instrument, which as previously explained is a concern for me as a writer for criminalization which is currently very common in Indonesia with various types of cases. Human rights that protect the right of every individual to express opinions and thoughts in public. His suggestion is the need for integrity from a judge who decides a case later so as not to make a wrong and unfair decision because he decides to punish someone who should be innocent but is found guilty. And the importance of awareness from law enforcement authorities is demanding someone who previously did not commit a crime but seems to have committed a criminal act or criminalized someone so that they have strong and professional integrity, always prioritize the legal interests and justice of the people or the majority above personal interests so that later cases like this not seen again in the future.
Pelaksanaan Perlindungan Hukum Bagi Wajib Pajak Kendaraan Bermotor di Kabupaten Tabanan pada Masa Pandemi Covid 19
Authors: Putra A A Gd Jelantik Wisnu , Ida Ayu Putu Widiati  , Luh Putu Suryani
Published: May 2022

The impact given by the COVID-19 pandemic is felt so widely in various sectors including in terms of regional income, especially on vehicle taxes, the motorcycle tax itself is a regional tax. Therefore, this research aims to find out the procedures for implementing motor vehicle tax collection during the covid 19 pandemic and to find out legal protection for motor vehicle taxpayers in Tabanan district. In conducting research, empirical research is used which is obtained from the results of observing real events in the field. The results of this research in the implementation of motor vehicle tax collection in Tabanan district based on the regional regulation of the province of Bali Number 1 of 2011, during the covid 19 pandemic it did not run effectively due to a decrease in motor vehicle tax payment income which mostly had an impact on the economic sector, obstacles in paying taxes on During the pandemic, taxpayers who paid taxes decreased which resulted in decreased local revenue. Legal protection for taxpayers in the event of a tax dispute, the taxpayer can file an objection or appeal, preventive and repressive measures are efforts to resolve tax disputes.
Akibat Hukum bagi Selebgram yang Melakukan Periklanan Menyimpang dari Ketentuan Peraturan Perundang-Undangan
Authors: Adi Permana Agung  , Ida Ayu Putu Widiati  , Ni Made Puspasutari Ujian
Published: May 2022

Selebgram is a promotional service provider that has a role in helping business actors to promote a product or service, the promotion is usually in the form of advertising as a media promotion of products that will be produced and will be sold to the public or consumers with the aim of obtaining profits to be obtained by business actors. However, promotions that are carried out often provide excessive information to attract consumers' interest, sometimes the information presented is not clear and not with facts. The problems raised in this study are what is the legal position of the celebgram as the party that carries out advertising activities on the Instagram social media account, and what are the legal consequences if a celebgram does advertising deviating from the provisions of the legislation. The method used in this research is the normative legal method. In this study, the legal materials used are divided into two, namely primary and secondary. The results of the study indicate that the celebgram is not categorized as a party that has advertisements, this is based on Law No. 32 of 2002 concerning Broadcasting, as well as Law no. 40 of 1999 concerning the Press, despite the fact that the celebgram carries out the advertising activity, with this fact, the celebgram cannot be said to be the press. So that if it is reviewed based on the Press Law, the program has no legal standing and has no legal consequences.
Tinjauan Yuridis Industri E-Commerce dalam Melakukan Kegiatan Transaksi Online
Authors: Dewa Gede Ananta Prasetya  , Anak Agung Sagung Laksmi Dewi  , Ni Made Puspasutari Ujianti
Published: May 2022

This research is motivated by the development of information technology which is currently changing people's lifestyles. With the internet, it is easier to transact online, especially with online shopping applications. The online trading industry has had a rapid impact with the public shopping culture. The two problems found in this research are how the e-commerce legal arrangements in Indonesia and the legal consequences of not implementing the e-commerce industry in accordance with Law Number 7 of 2014 concerning Trade. The normative research method is a data collection technique in this research, by processing data sourced from the existing legal rules and related legal materials. From the results of this research, it was found that in the applicable law online trading, it is mandatory to hold permits, complete and accurate information for consumers. In this case, it is concluded that the e-commerce industry must pay close attention to legal regulations related to the provision of goods and services, lest consumers suffer losses due to the existence of the e-commerce industry, by sending inappropriate goods. It is likely that consumers will lose.
Perlindungan Hukum Wisatawan yang Berkunjung ke Tempat Wisata Berisiko Tinggi di Bali
Authors: I Putu Andika Sanjaya  , Anak Agung Sagung Laksmi Dewi  , Luh Putu Suryani
Published: May 2022

The development of tourism opens up many high-risk tourist attractions in Bali. As a tourist place manager, you must pay attention to the comfort, security, safety of tourists, and the arrangement of protection and responsibility in the event of an accident against tourists. This is the background of this research. This research discusses the legal protection for tourists and how the responsibility of the manager of tourist attractions in the event of an accident to tourists. This research uses normative legal research with a statutory approach and legal concept analysis. This research concludes that the legal protection of tourists visiting high-risk tourist attractions in Bali refers to Article 20 of Law Number 10 of 2009 concerning Tourism and Article 4 of Law Number 8 of 1999 concerning Consumer Protection. The manager of tourist attractions must be responsible in the event of an accident referring to Article 1366 of the Civil Code, Article 7 of Law Number 8 of 1999 concerning Consumer Protection, Article 26 of Law Number 10 of 2009 concerning Tourism, and Article 6 number (3) of the Provincial Regulation of Bali Number 5 of 2020 concerning Standards for the Implementation of Balinese Cultural Tourism.
Tanggung Jawab Komisi Penyiaran Indonesia terhadap Glorifikasi Pelaku Pelecehan Seksual pada Media Elektronik
Authors: I Kadek Ari Cahya Dwipa  , I Nyoman Putu Budiartha  , Luh Putu Sudini
Published: May 2022

With an audiovisual display, it is easy for the audience to know the message conveyed. supervising the administration of local governments in accordance with Article 1 of the Government Regulation of the Republic of Indonesia No. 79 of 2005 concerning Guidelines for the Guidance and Supervision of Regional Government Administration. The Indonesian Broadcasting Commission is an institution that oversees every broadcast that is broadcast with the aim that all broadcasts that are broadcast do not violate the norms that apply in Indonesia. The purpose of this research is to analyze the legal regulation of public broadcasting in electronic media, and to understand the responsibilities of KPI in broadcasting the glorification of sexual harassment perpetrators. This research uses a normative research method using a statutory approach and a conceptual approach in analyzing the problem. The legal regulation on public broadcasting is regulated in Law Number 32 of 2002 concerning Broadcasting which is the main legal material in this research, which  supported by legal journals and books. Data collection techniques used are recording and sorting information. In the results of this research, it was found that the Broadcasting Law regulates the issue of legal provisions and regulations regarding broadcasting service providers regarding KPI in charge of regulating matters regarding broadcasting. The Indonesian Supervision Commission has responsibility for glorification cases committed by sexual harassment perpetrators, in accordance with Law No. 32 of 2002 article 8 paragraph (3) concerning broadcasting.
Efektivitas Pemberlakuan Pembatasan Kegiatan Masyarakat (PPKM) terhadap Adat dan Kebiasaan Masyarakat di Desa Adat Menyali Kabupaten Buleleng
Authors: Wiradinatha I Putu Pradita , Anak Agung Sagung Laksmi Dewi  , Luh Putu Suryani
Published: May 2022

Indonesia is a country with a large and diverse archipelago with many cultures, customs and traditions in various forms. An area that has unique customs is Bali and has many different traditional rituals, but right now the world is being hit by the Covid19 pandemic which requires PPKM, such as in the Mengali Traditional Village, Buleleng Regency. This research aims to discuss the effectiveness of the implementation of Community Activity Restrictions (PPKM) on the habits and customs of the community as well as the government's efforts in accelerating the control of Covid19 in the traditional village of President Menyali, Buleleng Regency. This research uses empirical legal research with a sociological legal approach. The sources of legal materials for this research consist of the main sources, including the Minister of Home Affairs Regulation no. 15 of 2021 concerning the Implementation of Restrictions on Community Activities for Corona Virus Disease 2019 and Governor's Regulation No. 12 of 2021 concerning the Enforcement of Restrictions on Community Activities Covid19 in a New Era of Life in the Province of Bali. As well as supporting legal materials taken from law books and legal journals related to this research. Interview techniques and note-taking techniques were used as data collection techniques. The result of this research is that the influence of PPKM on the habits of the people in the Mengali Traditional Village, Buleleng Regency is still very inefficient so that PPKM tightening covers several areas and other customary activities, and the role of local governments is less helpful in reducing these impacts. This pandemic is because people don't obey it. The government's appeal to implement PPKM policies such as long-distance travel requires showing a vaccine card.
Sanksi Pidana terhadap Oknum Guru Olahraga yang Melakukan Kekerasan Seksual Kepada Anak Didiknya (Putusan Nomor 325/PID.SUS/2020/PN DPS)
Authors: A.A.SG. Istri Sinta Maharani  , A.A. Sagung Laksmi Dewi  , I Made Minggu Widyantara
Published: May 2022

Sexual violence is carried out regardless of social status, such as cases of sexual violence perpetrated by teachers against their students. With the decision issued by the Denpasar District Court No. 325/Pid.Sus/2020/PN Dps. A case of sexual violence that has occurred in an elementary school in Sembung Village, Mengwi, Badung. The purpose of this research is to analyze the criminal penalties for individual educators who commit acts of sexual violence against their students and discuss the judge's considerations in imposing criminal sanctions on educators who have acted immorally on their students according to decision Number 325/Pid.Sus/ 2020/PN Dps. In this case the researcher uses normative law as a research method, using a statutory approach and a conceptual approach. The sources of legal materials for this research are primary materials and secondary materials. Data collection techniques using note-taking techniques, and documentation techniques. The results of the research explained that the regulation of sexual violence that has been regulated in Book II Chapter XIV of the Criminal Code concerning Crimes Against Morals, and the Judge in determining the appropriate punishment for the defendant, must pay attention and arrange considerations so that the judge in making a decision, and the reasons clear and detailed.
Pembelaan Terpaksa Melampaui Batas (Noodweer Exces) dalam Tindak Pidana Pembunuhan Begal Sebagai Upaya Perlindungan Diri
Authors: Sanjaya I Gede Windu Merta , I Nyoman Gede Sugiartha  , I Made Minggu Widyantara
Published: May 2022

In facing the COVID-19, Indonesia had quite a lot of jobs that have been indirectly affected by the pandemic, causing an economic crisis. Economic crisis caused several people in the community to commit crimes, especially stealing with violence or referred to as begal. The thugs do not hesitate to persecute and even kill their victims in order to obtain the victim's property, so it’s necessary for the victim to protect himself from thugs so as not to incur material losses. In order for the perpetrator of the defense of the burglary to receive juridical protection, in implementation it must complete the elements and conditions of noodweer exces. Therefore, the purpose of the research is to discuss the regulation of the criminal act of noodweer exces beyond the limit in the crime of murder according to the Criminal Code (KUHP) and to analyze the criminal liability of the perpetrators of the crime of Noodweer exces against the perpetrators of the murder of robbers. This research uses a normative type of assessment, using a statutory approach and a conceptual approach. The sources of legal materials for this research consist of primary, secondary and tertiary sources of material. the results of the research explain that the regulation of Noodweer Exces according to article 49 paragraph (1) of the Criminal Code "Book of the Criminal Law" noodweer exces beyond the limit in purpose to a person is not convicted when taking a defense action in a state of necessity and accountability can not be asked if the perpetrator commits this action. with reasons of self-defense or nowdweer excess so that it can eliminate actions that are criminal in nature. Then in that case, it is necessary to know what is included in the noodweer action.
Pelaksanaan Hak Jaminan Fidusia dalam Pemberian Kredit di Lembaga Perkreditan Desa di Desa Adat Mantring
Authors: Putra Gede Bagus Andika , I Nyoman Putu Budiartha  , Ni Made Puspasutari Ujianti
Published: May 2022

Fiduciary guarantees are promulgated through Article 5 paragraph (1) of Law no. 42 of 1999 which regulates movable or non-transferable commodities to become objects of collateral. According to Article 11 Paragraph (1), all commodities that will be charged with fiduciary security must be registered first, so that after being registered it is safe to issue a fiduciary guarantee deed. However, in the field application of fiduciary guarantees at the Mantring Traditional Village LPD, there are differences regarding its implementation with the contents of the Fiduciary Guarantee Law. The purpose of this research was to analyze the factors causing the non-registration of fiduciary guarantees at LPD Mantring and to discuss the efforts to settle what can be done by LPD Mantring in the case of debtors defaulting. This research is an empirical research, using a sociological approach. Sources of legal material are primary sources obtained from interviews with Mr. I Ketut Budiarta as chairman of LPD Mantring Tampaksiring and Mr. Made Sudiarsana as secretary at LPD Mantring Tampaksiring. The data collection techniques for this research are Observation Techniques and Interview Techniques. The results of the research explain that there is a reason why the LPD Mantring did not register the Fiduciary Guarantee agreement, namely the problem of the cost of making a fiduciary guarantee deed which costs a lot and the value of the loan and guarantee for the debtor is small. The efforts taken by the Mantring Traditional Village LPD to resolve the default case use 2 dispute resolution methods, namely dispute resolution can be reached through non-litigation and litigation.
Akibat Hukum Terjadinya Salah Transfer Dana Perbankan
Authors: Dharma Anak Agung Bagus Ari Satya , Anak Agung Sagung Laksmi Dewi  , Ni Made Puspasutari Ujianti
Published: May 2022

In this era of globalization, everyone is certainly no stranger to fund transfer activities. Transfer of funds is very helpful in community activities, but with the convenience of the facilities provided by the bank, of course there are risks, such as errors in transferring funds. The purpose of this research is to determine the legal knowledge of banking fund transfers and to discuss the legal consequences of errors in bank fund transfers. This research is a normative legal research supported by primary and secondary legal materials. The data collection technique in this research is to record and document. The data analysis technique is to examine books, literature and electronic media related to this research. The results of the reserach explain that UUTD no. 3 of 2011 in Article 1 point 1 regulates the definition of transfer or transfer of funds, namely an activity of transferring funds of a certain amount by the original sender to the recipient who has been mentioned in the order for the transfer of funds until it is received. And based on Article 1360 of the Civil Code, which states: "Whoever knowingly or not, receives something that does not have to be paid to him, must return it to the person who gave it". So that according to civil law, a person is obliged to return funds that are not his right from the results of an error in transferring funds that occur with a note that the bank must be able to clearly prove that the funds are not intended for the person concerned.
Perlindungan Hukum Bagi Konsumen dalam Praktek Bisnis Pinjaman Online Ilegal
Authors: Kusuma Anak Agung Gede Candra , Ni Luh Made Mahendrawati  , Desak Gde Dwi Arini
Published: May 2022

Online loans that are developing in today's society will certainly be very helpful, the problem is when people are involved in illegal online loan transactions which often use unjustified methods of collecting. The purpose of this research is to analyze the regulation of online loan transactions in Indonesia and to discuss forms of legal protection for consumers in illegal online loan transactions. The research method used is a normative research type by examining library materials as primary data and secondary data from books and legal journals. The data collection technique of this research is to record and document. And the data analysis technique is by reviewing books, literature and electronic media related to this research. The results of this research indicate that currently legal protection for people involved in illegal online loan transactions is still lacking, because people find it difficult to distinguish between legal online loan financing institutions and which online loan financing institutions are illegal. In this case, an active role from the OJK is needed to oversee the growth of illegal online loans in the community as regulated in the Financial Services Authority Regulation No. 77 of 2016 concerning the implementation of online-based loan transactions, besides that the protection of people involved in online loan transactions is regulated in Law no. 8 of 2019 concerning consumer protection to prevent arbitrariness by online loans to the public.
Penyalahgunaan Aplikasi Media Sosial sebagai Eksploitasi dalam Tindak Pidana Pornografi
Authors: Udayana I Gede Pande , I Made Minggu Widyantara  , Ni Made Sukaryati Karma
Published: May 2022

With an audiovisual display, it is easy for the audience to know the message conveyed. supervising the administration of local governments in accordance with Article 1 of the Government Regulation of the Republic of Indonesia No. 79 of 2005 concerning Guidelines for the Guidance and Supervision of Regional Government Administration. The Indonesian Broadcasting Commission is an institution that oversees every broadcast that is broadcast with the aim that all broadcasts that are broadcast do not violate the norms that apply in Indonesia. The purpose of this research is to analyze the legal regulation of public broadcasting in electronic media, and to understand the responsibilities of KPI in broadcasting the glorification of sexual harassment perpetrators. This research uses a normative research method using a statutory approach and a conceptual approach in analyzing the problem. The legal regulation on public broadcasting is regulated in Law Number 32 of 2002 concerning Broadcasting which is the main legal material in this research, which  supported by legal journals and books. Data collection techniques used are recording and sorting information. In the results of this research, it was found that the Broadcasting Law regulates the issue of legal provisions and regulations regarding broadcasting service providers regarding KPI in charge of regulating matters regarding broadcasting. The Indonesian Supervision Commission has responsibility for glorification cases committed by sexual harassment perpetrators, in accordance with Law No. 32 of 2002 article 8 paragraph (3) concerning broadcasting.
Faktor Penyebab Penyalahgunaan dan Peredaran Narkotika di Wilayah Hukum Polresta Denpasar
Authors: I Gede Suariawan  , Anak Agung Sagung Laksmi Dewi  , Luh Putu Suryani
Published: May 2022

The development of drug abuse in Indonesia began around 1970, its users showed increasing symptoms, this is due to the development of the times and modern technology that has hit every aspect of life, modernization not only has a good impact but also has a bad impact, based on these developments, it is not It is undeniable that crime in Indonesia has increased. The purpose of this study is to analyze the factors causing the abuse and illicit trafficking of narcotics in the city of Denpasar and to discuss the prevention and control of narcotics abuse and illicit trafficking by the Denpasar Police. In studying the researchers used the type of empirical legal research using a sociological approach. The sources of data in this study include primary data obtained from interviews, secondary data including legislation, research results, legal expert opinions, legal papers contained in the mass media, legal books, legal journals and data tertiary which is supporting data that provides instructions and explanations for primary and secondary data. There are two data collection techniques, namely the library research method and the field research method. Efforts to overcome drug abuse include three efforts, namely preemptive efforts, which are early prevention efforts, preventive efforts, namely prevention efforts in the form of overcoming and repressive efforts, efforts made to eradicate legally, which are carried out by the Police, National Narcotics Agency, Government, Judges, and the community.
Sanksi Hukum terhadap Pelaku Penyadapan Telepon Pintar atau Smartphone Melalui Aplikasi Android Modifikasi Ilegal yang Diinstal oleh Korban
Authors: Wiraputra I Made Arimbawa , Anak Agung Sagung Laksmi Dewi  , I Made Minggu Widyantara
Published: May 2022

Technological advances have resulted in illegal wiretapping crimes being carried out more easily, namely by utilizing illegal modification applications. The purpose of this research is to analyze the legal protection of the personal data of smartphone tapping victims as a result of installing an illegal modified android application made by the perpetrator and to examine criminal sanctions against smartphone tapping perpetrators through an illegal modified android application made by the perpetrator. This research uses a normative legal research method, using a statutory approach and a conceptual approach. There are two types of sources of legal materials in this research, namely primary sources of legal materials and secondary sources of legal materials. Primary legal materials come from statutory regulations related to the issues studied, while secondary legal materials come from law books and legal journals that are related to this research. The data collection technique used library techniques, which carried out a literature research on legal materials, both primary legal materials and secondary legal materials. From the results of the research, Indonesia does not have a law that specifically and legally regulates the protection of personal data. There are two forms of legal protection for the personal data of victims of illegal wiretapping, namely, preventive and repressive legal protection. Regarding wiretapping, it is regulated in the Telecommunications Law and the ITE Law. Both laws expressly prohibit illegal wiretapping and for those who do illegal wiretapping who use illegal modification applications can be subject to sanctions in accordance with article 50 of the ITE Law. The government is advised to further research the draft law before ratifying it so that there is no conflict of norms.
Bancassurance Alam Perjanjian Kredit dengan Hak Jaminan Fidusia
Authors: Arta A.A Made Andika Purnama , I Nyoman Putu Budiartha  , Ni Komang Arini Styawati
Published: May 2022

Bancassurance is a form of cooperation between insurance companies and banks, where the bank here acts as an intermediary between the insurance company and its customers in insurance activities. One type of material guarantee is a fiduciary guarantee. This study aims to find out how the bancassurance legal arrangements so that banks are allowed to carry out credit agreement activities with fiduciary guarantee rights, how the legal consequences of bancassurance in credit agreements with fiduciary guarantee rights, the method used in this study is juridical normative. While the problem approach used is a statutory approach and a conceptual approach. The approach to sources of legal materials used in this research is primary, secondary, and tertiary with analysis of legal materials using legal arguments whose results are presented descriptively. The conclusion is that in the Law of the Republic of Indonesia Number 10 of 1998 concerning amendments to Law Number 7 of 1992 concerning banking, Article 10 (b) of the Banking Law clearly stipulates that Banks may not conduct insurance business.
Kedudukan Hukum Citizen Journalism (Jurnalis Warga Negara) Dalam Penyampaian Berita Kepada Masyarakat
Authors: Pradana Cokorda Gede Wirasatya , I Nyoman Putu Budiartha  , I Wayan Arthanaya
Published: May 2022

Journalism is a profession whose duties are under the Press Law, if there is a problem in the process of delivering news, it is protected by the Press Council, in contrast to citizen journalism because it does not include legal protection intended for professional journalists. This study aims to analyze and describe the legal position and legal protection of citizen journalism in delivering news to the public. The study method used is normative legal research. The results show that the legal position of citizen journalism in delivering news to the public is almost the same as that of professional journalists because of its characteristics, but the legal umbrella for citizen journalism in Indonesia has not been clearly regulated. The legal protection of citizen journalism in delivering news to the public can be protected by the Press Law as long as it contains aspects of the public interest, education for the community, contains elements of 5W+1H, and based on the search process, and according to the principles of the journalistic code of ethics, protection can be provided.