bluuebunny/crossref_metadata_2025 huggingface dataset:
Sanksi Hukum Penghinaan Terhadap Orang yang Sudah Meninggal Melalui Media Sosial di Indonesia
Authors: Suryasantosa Kadek , Laksmi Dewi Anak Agung Sagung , Widyantara I Made Minggu
Published: October 2021

Currently, advances in information technology, globalization and electronic media are increasingly spreading in various fields of public life. This progress with the existence of an internet network is very easy to operate through the media, namely electronic media. The existence of it makes it easy for humans to do various things such as exchanging various information that can be obtained quite easily, and low cost. Therefore, people can do negative things that are not supposed to be done for their personal interests. This study aims to explain the legal arrangements for insulting people who have died and to explain criminal sanctions for criminal acts of humiliation through social media for those who have died. This research was designed using normative legal research methods, with a conceptual problem approach and a case approach. The data sources used are primary, secondary and tertiary legal data sources. Data were collected by recording, quoting, reading, and summarizing the literature referring to changes in gender status in Indonesia. After the data is collected, it is then analyzed systematically and relates it to legal materials. The result of this study indicates that Articles 320 and 321 of the Criminal Code will be used as the legal basis for a type of insulting act and Article 27 paragraph 3 of the ITE Law will be used for the basic purpose of a media that has been used. Furthermore, cases of insulting a deceased person can be subject to imprisonment for six (6) months as is the content of Article 446 paragraph I of the Draft Criminal Code but the legal process cannot proceed if there is no reporting from the family concerned.
Penegakan Hukum Larangan Berburu Satuan Liar di Wilayah TNK Labuan BAJO Manggarai Barat
Authors: Kleden Fransiskus Leric , Widiati Ida Ayu Putu , Arthanaya I Wayan
Published: October 2021

The diversity of fauna in Indonesia is Yaranus komodoensis in the Komodo National Park (TNK) Labuan Bajo, East Nusa Tenggara. Currently, Kornodo is suspected of experiencing local extinction, thought to be caused by a reduced deer population due to illegal hunting, law enforcement on the prohibition of hunting wildlife in the area is still ineffective considering that hunting of wild animals is still happening. Efforts are made to increase the effectiveness of law enforcement on wildlife hunting by socializing the community and increasing the number of forest police officers in each region. . The research method used is empirical legal research, meaning that a study examines the problem based on the facts that occur in the field. From the research, there was hunting of deer wildlife in Komodo National Park. The purpose of this research is to determine the enforcement of the law on the prohibition of hunting wildlife in the Kornodo National Park and to find out the effectiveness of enforcing the law on the prohibition of hunting wildlife in the Komodo National Park.
Implementasi Pemasangan Reklame Berdasarkan Peraturan Walikota Denpasar Nomor 3 Tahun 2014 tentang Penyelenggaraan Reklame
Authors: Wardhana Da Bagus Gde Wisnu , Arya Wijaya I Ketut Kasta , Suryani Luh Putu
Published: October 2021

The implementation of billboards through their installation at this time still does not follow the procedures regulated by the existing legal regulations, resulting in an impression of disorder along roads in Denpasar City which are considered to be damaging to aesthetic and cleanliness values due to poor arrangement. Basically the function of billboards is to convey information, but if there is an irregularity in the installation, the public is reluctant to see the contents of it, so legal rules are needed related to this issue. This method used is empirical research, then the approach is carried out sociologically. Primary data from this research is by conducting interviews with the Denpasar City Civil Service Police Unit (Satpol PP). In addition, the use of Denpasar Mayor Regulation Number 3 of 2014 concerning the Implementation of Advertising. to literature books, related journals also help this research. The result of the research indicates that IMB-R and SIPR can only be issued according to the needs of the advertisement organizer based on the Regulation of the Mayor of Denpasar Number 3 of 2014, in controlling billboards that do not have IMB-R and SIPR permits based on the Regulation of the Mayor of Denpasar Number 3 of 2014 carried out by the Organization. The Regional Government of Denpasar City based on the Decree of the Mayor of Denpasar Number 188.45 / 422 / HK / 2013 concerning the formation of a team for organizing the Denpasar City billboard. Controlling the installation of billboards, namely written warnings to advertisement organizers and demolition of billboards.
Implementasi Pemidanaan terhadap Pelaku Tindak Pidana Illegal Logging di Taman Nasional Waykambas
Authors: Naradita Ida Ayu , Widyantara Made Minggu , Karma Ni Made Sukaryati
Published: October 2021

The Indonesian government issued Presidential Decree No. 11 of 2020 concerning Public Health Emergencies as a serious warning of the threat of Covid-19. The delivery of dishonest information from a patient suspected of being infected with Covid-19 is an action to prevent the response to an outbreak that threatens the lives of people around him, including transmission to health workers who care for him. This study was formulated to figure out the legal sanctions for Covid 19 patients who were dishonest about their health conditions, and to find out the efforts made by the government in providing protection to health workers in handling Covid-19 patients. The research method used in the implementation of this research is normative legal research with an approach to the concept of legislation and the opinions of experts regarding to the law. The results showed that the application of strict sanctions to obstruction of the epidemic prevention measures could result in criminal penalties based on Law No. 4 of 1984 concerning Outbreaks of Infectious Diseases. As for the efforts made by the government to provide protection to health workers from the threat of Covid-19, it is given both preventively and repressively. Based on the results of this study, it can be concluded that patients who are not honest about their health conditions who have been infected with Covid-19 can be given a criminal penalty because this action is assumed as the way to prevent the government in overcoming the epidemic of infectious diseases that are currently hitting the community, then the government has also provided protection for health workers who treat patients infected with Covid-19 in a preventive and repressive manner.
Keabsahan Hasil Cetak Screenshot Sebagai Alat Bukti dalam Pemeriksaan Perkara Perdata
Authors: Juniartha I Gede P Astika , Sugiartha I Nyoman Gede , Ujianti Ni Made Puspasutari
Published: October 2021

The development of computer, telecommunication and information technology has proceeded in such a way that is now has a very big difference from 10 years ago. Trade and industrial business have given rise to new transaction models due to advantages of technological advances. In today's digital age computers, telecommunications, and information are developing very rapidly, making the use of this technology encouraging proof of screenshots to be one of the evidence used in court. This study aims to determine the legal regulation of printed evidence (screenshots) in civil court proceedings, and to determine the strength of the printed evidence (screenshots) in proving civil cases. The research method used is normative legal research with a statutory approach related to this research. The results show that the legal regulation of screenshot evidence can be seen in Law No. 19 of 2016 and Article 1866 of the Criminal Code which is usually used in civil case trials. Then, the strength of the screenshot evidence has the power of proof that is binding for the judge and the parties concerned. So, it can be concluded that screenshot evidence can be used in civil case cross-examination because it is in the same position as other evidence and can be used legally, and this screenshot evidence is binding both for judges and for other parties who wish to use it.
Kebijakan Pemerintah dalam Memberikan Insentif Pajak Penghasilan Pasal 21 Kepada Wajib Pajak Terdampak Pandemi Covid-19
Authors: Pendit I Putu Widya Laksana , Budiartha I Nyoman Putu , Widiati Ida Ayu Putu
Published: October 2021

The Covid-19 pandemic has been going on since the end of 2019 and has had a huge impact in the health, social and economic recession in Indonesia. The Government needs to take policies to anticipate these problems through fiscal policy. One of the policies issued was the provision of income tax incentives article 21 to affected workers. The problems of this research cover the substance of government policies in providing income tax incentives article 21, and the impact of providing income tax incentives article 21 for workers. The research method used is a normative legal research method, with a statutory and conceptual approach to the problem. The technique of collecting legal materials is carried out by recording, identifying, inventorying, and compiling according to the types of available legal materials. Based on the research results, it was found that the provision of Article 21 income tax incentives and borne by the Government has specific requirements regarding the business category and the amount of salary of workers who have the right to get the incentives. This is regulated in the Minister of Finance Regulation and implementation instructions through a letter from the Directorate General of Taxes Number SE-47/PJ/2020. The impact of providing this incentive can increase workers' income because income tax of Article 21 is borne by the government and helps workers maintain purchasing power. Thus, it can be concluded that the provision of income tax article 21 which is borne by the government has a fairly good impact on workers who meet the criteria and requirements, so that workers can also get incentives that are appropriate to their work and are able to support their daily needs.
Fungsi Badan Permusyawaratan Desa (BPD) dalam Pembentukan Peraturan Desa di Desa Sanding Kecamatan Tampaksiring Kabupaten Gianyar
Authors: Wibawa Agus Leo Adi , Widiati Ida Ayu Putu , Dewi A.A. Sagung Laksmi
Published: October 2021

BPD has the task of making rules with the village head, taking and proposing community ideas, therefore the BPD as a deliberation body originating from the village community, in addition to carrying out its duties as an intermediary between the village head and the village community, also carries out its main function, namely the function of representation. The purpose of this research is to reveal the function of the Village Consultative Body in the formation of Village Regulations and the obstacles to implementing the functions of the Village Consultative Body in the formation of Village regulations in Sanding Village, Tampaksiring District, Gianyar Regency. The type of research used is empirical legal research using a sociological juridical approach. The data collection technique was carried out by field research. The data sources used are primary and secondary which are then analyzed systematically and linked to other legal materials. The results of the research reveal that the functions of the Village Consultative Body in forming the Village Regulations include, among others, being able to prepare and propose draft Village Regulations. Draft Village Regulations can be proposed by members of the BPD to the leadership of the Village Consultative Body to be determined as a draft Village Regulation proposed by the BPD. Barriers to the implementation of functions in the formation of village regulations, namely, first, juridical obstacles include: Lack of knowledge and experience of BPD members, understanding of the laws and regulations regarding villages of BPD members, many BPD members with low levels of education and secondly, non-juridically, namely the presence of BPD members in the preparation and understanding of the legal basis for the formation of village regulations is still low and the application potential of the village is also low.
Tinjauan Yuridis terhadap Pelaku Tindak Pidana Pembunuhan Bayi (Studi Kasus Putusan Nomor 1123/Pid.Sus/2018/Pn Dps)
Authors: Parwati Desak Ketut , Rideng I Wayan , Karma Ni Made Sukaryati
Published: October 2021

Protection for babies has started since in the womb. In accordance with article 2 Burgerlijk Wetboek that a child who is still in his mother's womb is considered a legal subject as long as the interests of the child are desired. However, nowadays cases of infanticide often occur, so in this case legal protection is needed. The purpose of this research is to analyze the regulation of criminal sanctions for the perpetrators of the crime of infanticide and the judge's consideration of the perpetrators of the crime of infanticide. The type of research used in this paper is a normative law research type with a statutory and conceptual approach. The sources of legal materials used are primary and secondary legal materials. After the data is collected, then the data is analyzed systematically. The results of the research reveal that the setting of sanctions for perpetrators of the crime of infanticide is as regulated in Law Number 35 of 2014 concerning Child Protection. The judge's considerations in making a decision against the perpetrators of the crime of infanticide which resulted in death, include; witness statements that have been submitted by the public prosecutor before the trial, based on the testimony of the defendant at the trial and based on the elements of the crime charged by the public prosecutor in the single indictment have been fulfilled.
Akibat Hukum terhadap Pembelian Suatu Barang Secara Online
Authors: Mahayana I Gusti Bagus Guna , Dewi A.A Sagung Laksmi , Suryani Luh Putu
Published: October 2021

Problems related to customer affairs will be something that is always in the spotlight for a very long time then the losing party is always on the customer side. The rights that have been promised by business actors who prioritize quality do not match customer expectations. The lack of customers regarding the legal basis and what should be their rights is very weak, this is the opportunity to get more results and do not carry out procedures that should be the obligation of entrepreneurs. So that many violations occur even to the point of violating the law and harming customers. This study aims to examine the legal arrangements regarding the purchase of goods online and examine criminal sanctions against online objects that commit fraud. This study uses a normative method because there are still vague norms, with a legislative and conceptual approach. The data used is from library data collected through literature research and reviewing the legislation. After the data was collected, it was then analyzed by descriptive qualitative data analysis. The results of the study indicate that the legal regulation of an act of business actors to consumers in online buying and selling includes an act that is prohibited for business actors by fulfilling certain elements in accordance with existing regulatory provisions and has been contained in the 2015 Criminal Code Law. in 6 articles, starting from Article 613 to Article 618, then the sanctions applied can be in the form of administrative sanctions or imprisonment
Pertanggungjawaban Hukum Terjadinya Kecelakaan dalam Belajar Mengemudi
Authors: Astrawan I Wayan Dandy , Wijaya Ketut Kasta Arya , Suryani Luh Putu
Published: October 2021

Motorized vehicles, both motorbikes and cars, are a means of supporting the mobility of people and goods in order to facilitate community life. This affects the existence of car driving courses in Indonesia which were founded by entrepreneurs. The purpose of this study is to determine the criminal sanctions for the company in the event of an accident in leaming to drive on the highway and the company's civil liability in the event of an accident on the highway. This research uses normative legal research. The results of the study show that criminal sanctions for companies when an accident occurs while leaming to drive are not regulated for the company, but the criminal liability is bome by the student instructor as confirmed in Article 79 paragraphs (1) and (2), Traffic and Road Transport Law. Civil liability to the company in the event of an accident is the obligation to provide assistance to the heirs for the cost of treatment and understanding of the victim if the accident results in death.
Tanggungjawab Perdata Pemborong Akibat Kegagalan Bangunan dalam Perspektif Hukum Positif Indonesia
Authors: Suardika I ketut , Budiartha I Nyoman Putu , Ujianti I Made puspasutari
Published: October 2021

The collapse of several buildings as reported by various mass media including the collapse of the Yellow Bridge in Nusa Lembongan Klungkung, the perimeter of Soekarno Hatta Airport, the stock trading center building of the Indonesia Stock Exchange (IDX) is one of the problems faced today. For this incident, the Contractor who participated in the construction should be assumed to be responsible. The purpose of this research is to analyze the arrangement of building contract agreements in the perspective of Indonesian positive law and civil liability to contractors due to the occurrence of building failures in the perspective of Indonesian positive law. This research uses a normative legal research method with a statutory approach and a conceptual approach. Data collection techniques were collected through legal inventory. The sources used are primary and secondary sources of law. After the data is collected, then the data is analyzed systematically. The results of the research indicate that the collapse of the building outside the force majeure in UUJK 2/2017 is referred to as Building Failure. The Civil Code, UUJK 2/2017 concerning Construction Services and their derivative regulations are positive laws that still apply as legal umbrellas in regulating development implementation.
Perlindungan Hukum Terhadap Anak Korban Eksploitasi Seksual Berdasarkan Hukum Islam
Authors: adi A. A Mas Stela Kurtika , Dewi Anak  Agung Sagung Laksmi , Karma Ni Made Sukuryati
Published: October 2021

A good nation's children are a reflection of good quality, so they need to be protected to get the authority to grow, develop, and obtain a prosperous life. But at this time the protection and welfare of children is still lacking, one of which is the issue of sexual exploitation of children so that it becomes a category of crimes against humanity that must be avoided and destroyed. The purpose of this study is to discuss the legal arrangements for child exploitation contained in Islamic law and criminal sanctions against perpetrators of child exploitation according to Islamic law. The method used is a normative legal method with a statutory and conceptual approach to problems. The results of the discussion state that exploitation is a form of effort carried out to carry out a deepening of the capacity contained in an object, whether it is in the form of natural resources or otherwise, in terms of the relevance of a group/many of people, the factors that cause exploitation of children, namely poverty, effects of social conditions, motivation workers to families. Criminal sanctions for exploitation of children are in Law number 35 of 2014 Article 14 paragraph (1), Article 81 paragraph (1) and Article 82.
Implementasi Peraturan Daerah N0mor 2 Tahun 2015 terhadap Pedagang Kaki Lima Kendaraan Bermobil di Kota Denpasar Selama Pandemi Covid-19
Authors: Adisti Ayu Yuliany , Widiati Ida Ayu Putu , Suryani Luh  Putu
Published: October 2021

Since the Covid-19 pandemic, many people have become street vendors in cars and park their vehicles on the side of the road. This violates the Denpasar City Regional Regulation Number 2 of 2015, therefore this study aims to examine the implementation of the Denpasar City Regulation Number 2 of 2015 concerning Street Vendors (PKL) for Mobile Vehicles and discuss the supervision of the PKL policy for motorized vehicles during the Covid-19 pandemic 19. The empirical research method based on the data obtained is from the results of observations, interviews, and documentation. Then the results of the data relevant to the formulation of the problem in this study were analyzed qualitatively and explained descriptively. From the results of the research conducted, it shows that the implementation of the policy of Street Vendors in Denpasar City cannot be carried out properly in accordance with the Denpasar City Regional Regulation Number 2 of 2015 due to the current pandemic situation and conditions which have resulted in many people being sent home and fired from their workplaces. forced to become a car dealer for daily income. The obstacle faced by the government in supervising street vendors is that it is difficult to register and appeal to them because it is easy to move from one place to another.
Analisis Yuridis Omnibus Law dalam Penyusunan Rancangan Undang-undang Cipta Kerja
Authors: Atmika I Kadek Semara , Budiartha I Nyoman , Widiati Lda Ayu Putu
Published: October 2021

Indonesia is a country that adheres to the civil law system, many regulations from central to regional. As a result, many laws and regulations overlap in both vertical and horizontal directions. To organize overlapping regulations, coordination  must be done. The concept of comprehensive law has been successfully applied in most countries that adhere to the common law system, but Indonesia that adheres to the civil law systern is still unfamiliar with the term. Therefore, the goals of this research are to analyze the comprehensive legal position in the preparation of Indonesian law and to discuss comprehensive law applied in the law of job creation. This research is normative legal research, used statutory approach and conceptual approach. The results show that the status and application of comprehensive law is v’ery imponant for the development of the law to enforce legal certainty. The formulation of legislation with a comprehensive legal concept requires in-depth research, and for the sake of transparency in the formatinn of many political parties involved, so as nnt to cause problems and harm the public interest, especially the social interest.
Tradisi Kawin Tangkap (Piti Rambang) Suku Sumba di Nusa Tenggara Timur
Authors: Doko Elanda Welhelmina , Suwitra I Made , Sudibya Diah gayatry
Published: October 2021

The tradition of capture marriage (Pitti Rambang) of the Sumbanese tribe in East Nusa Tenggara still exists and is carried out continuously with the forced marriage of Sumba women which causes the victim to experience physical, sexual, psychological and social violence. That a strong and inevitable tradition in the culture of the Sumbanese people, who still have a patriarchal culture, upholds customs and this culture facilitates the men. The purpose of this study was to examine the existence of the tradition of mating capture (Pitti Rampang) of the Sumbanese tribe in East Nusa Tenggara and to discuss the factors that influence interbreeding. The methods in this research are the statutory approach, the customary law approach, the concept approach, the legal sociology approach, and the case approach. The results showed that the occurrence of capture marriages (Pitti Rambang) was due to economic factors related to debt, social strata, trust and the level of understanding of the Sumbanese indigenous people towards positive law and the settlement process in this capture marriage was carried out through adat, namely from the stages of search, close the shame, knock on the door, traditional mats, religion (for those of other religions outside the Moruyu belief) until the final stage.
Akibat Hukum Jual Beli Organ Tubuh Manusia dalam Hukum Positif di Indonesia
Authors: Jaya I Wayan Merta , Dewi Anak Agung Sagung  Laksmi , Widyantara I Maoe Hinggu
Published: October 2021

Indonesia is a country whose population is located on various islands in various regions, has various backgrounds and different body conditions that make everyone has different conditions. This can be seen from the use of advances in science and technology as a solution in solving health problems which include treatment or healing of disease, recovery, care and health services. The purpose of this study is to determine the legal arrangements regarding the sale and purchase of human organs in positive law in Indonesia and criminal sanctions for perpetrators who buy and sell human organs in Indonesia. This study uses an empirical method using a statutory approach in analyzing and reviewing the research. The results showed that. The results of the study explain that the application of the law regarding the provisions of the legislation governing the sale and purchase of human organs has not been maximally implemented by law enforcement officers. Transparency of organs is still a pro and con on the one hand, this work can save a person's life, but on the other hand, a person can be penalized for transparency, which is different from other countries that allow someone to carry out organ transactions to save someone's life
Perlindungan Hukum Bagi Hoki Clean Shoes dalam Perjanjian Waralaba
Authors: Saputra Dwi Purnawan Dodik , Johannes Ibrahim Kosasih  , Desak Gde Dwi Arini
Published: October 2021

The franchising is one of the business activities that support the economy. Therefore, in this study, this study analyzes the implementation of the franchise agreement clauses between franchisees and franchisees and knows the legal protection for Hockey Clean Shoes in case of default by the franchisee. This research uses empirical methods using document studies and field studies and data analysis using descriptive qualitative. The results show that the Hoki Clean Shoes franchise agreement has met the minimum clauses that must exist in the franchise agreement as stipulated in Government Regulation Number 42 of 2007 concerning Franchising and has fulfilled the principles of the agreement and is applicable in Indonesia. The obstacles faced by Hockey Clean Shoes so far are related to franchises because this is in the service sector so the turnover obtained by the franchisee every month is difficult for us to know because the financial management we do is different from the facts in the field. Franchise cooperation agreements like this are also vulnerable to default.
Keputusan Fiktif Sebagai Dasar Pengajuan Gugatan Sengketa Tata Usaha Negara
Authors: I Gede Buonsu  , A. A. Sagung Laksmi Dewi  , Luh Putu Suryani
Published: October 2021

Based on the definition of a state administrative dispute, it can be seen that a State Administrative Dispute has an object in the form of a State Administrative Court, which has been regulated in Article 1 paragraph (9) of Law Number 51 of 2009. State Administrative Court itself can be divided into two, namely negative and positive fictional KTUN regulated in article 3 of the Administrative Court Law and article 53 of the Government Administration Law. This study aims to analyze the arrangement of fictitious TUN decisions according to positive law in Indonesia and to find out the fictional TUN decisions as objects of state administration disputes. This research uses descriptive normative research methods with legal, conceptual and case approaches. The results showed that the decision of fictitious TUN can be divided into two, namely negative fictitious TUN and positive fictitious TUN in which the two rules indirectly cause conflict because they both regulate fictitious TUN but have different meanings, where based on Article 3 is interpreted as a decision rejection (negative fictitious KTUN) while according to the provisions of Article 53 it is interpreted as a decision to grant (positive fictitious KTUN).
Pengaturan Hubungan Menyimpang di Luar Perkawinan bagi Lesbian Dan Gay dalam Perspektif Hukum Hindu
Authors: I Kadek Grendy Bhineka  , Budiartha I Nyoman Putu , Ujianti Ni Made Puspautari
Published: October 2021

Marriage is a physical and mental bond between a man and a woman as husband and wife with the aim of forming a happy and eternal family (household) based on the One Godhead. Humans were created to pair men with women in order to continue the lineage, but there are a group of people who behave like the same sex and want to legalize their actions up to the level of marriage through the laws in force in their country. This of course cannot be accepted by some people who contradict same-sex marriage behavior which is commonly referred to as Lesbian, Gay, Bisexual and Transgender, hereinafter referred to as LGBT. This study aims to explain the arrangement of deviant relationships outside of marriage for LGBT people in the perspective of Hindu law. The second one describes the religious perspective in dealing with LGBT perpetrators. This research is designed to use normative legal research with a juridical approach through the hermenutic method. The data used are secondary and primary data which are analyzed qualitatively. The results show Hinduism, there is no single verse or ceremony which legalizes that gay and lesbi can have a marriage or relationship, meaning that it is not allowed to marry, especially with a sacred ceremony, Vedic mantra puja, the second one should not isolate or discriminate but provide education to treat Humanly, gay and lesbian perpetrators must provide protection or educate the perpetrator whether he is accommodated in a place and then given direction or counseling so that the perpetrator is aware of LGBT behavior.
Penyelesaian Perkara Harta Warisan dan Harta Bersama dengan Prosedur Mediasi di Pengadilan Agama Badung (Nomor Perkara 0095/PDTG/2017/PABDG)
Authors: I Kadek Leo Byasama Wijaya  , Budiartha I Nyoman Putu , Ujianti Ni Made Puspautari
Published: October 2021

Disputes over joint property mixed with inheritance Dispute resolution specifically means that in a dispute that occurs between a husband and wife there is a difference of opinion between the two parties because property can also refer to a dispute So that for this there is an imbalance of ownership and a policy is needed to equalize the position of both parties Based on the background of the problems that have been described several problems can be formulated as follows 1) How is the Legal Power of mediation in the trial process at the Badung Religious Court? 2) What are the procedures for distributing inheritance and collective assets according to the compilation of Islamic law? This type of research used here is a type of empirical research where this research is carried out on the real situation in a community or the surrounding environment with the aim of finding facts or existing legal problems The results of this study indicate that the legal power of mediation in the trial process at the Badung Religious Court namely with the peace deed the results of the peace agreement get legal certainty
Pertanggungjawaban Pidana Pelaku Tindak Pidana Penganiayaan yang Direncanakan (Studi Kasus Putusan Pengadilan Negeri Bangli Nomor 19/pidB/2019/PNBLI)
Authors: I Dewa Gede Windhu Indrakusuma
Published: October 2021

Maltreatment is an act that causes injury or pain to someone which is done on purpose. The maltreatment consisted of light maltreatment and severe torture. This study aims to determine the criminal sanctions against the planned perpetrators of maltreatment and to analyze the considerations of the judge's decision against the perpetrators of the planned maltreatment. This type of research is normative legal research using a statutory approach. The technique of collecting legal materials is done by interviewing techniques. The results of the study show that the criminal sanction against the perpetrator of the planned maltreatment is a maximum of four years in prison as regulated in Article 353 paragraph 1 of the Criminal Code, while in the case of decision Number 19 / pidB / 2019 / PNBLI, the perpetrator I Made Merta is subject to imprisonment for four months according to Article 353 paragraph 1 of the Criminal Code where the elements contained therein are all fulfilled. Then, the judges' considerations in the perpetrators of the planned maltreatment included considerations of a juridical nature, namely things that were burdensome and things that were mitigating, whereas in the case study decision Number 19 / pidB / 2019 / PNBLI the judge considered more about the history of the defendant, namely the defendant. polite and admit that his actions in court have never been convicted and there has been peace between witnesses victim I Gede Jasa, so the judge sentenced Article 353 of the Criminal Code, which is four (4) months.
Fungsi Lembaga Pemasyarakatan dalam Melaksanakan Pembinaan terhadap Warga Binaan Pemasyarakatan (WBP) (di Lembaga Pemasyarakatan Perempuan Kelas II A Denpasar)
Authors: Pratama I Wayan Kevin Mahatya , Dewi Anak Agung Sagung Laksmi , Widyantara I Made Minggu
Published: October 2021

Correctional in its system is useful for preparing convicted people in prisons to integrate normally and be accepted in society again. Merging normally again means restoring the relationship between the convicted or often referred to as Correctional Assistance and the community. The Penitentiary is a place for the Community Assisted to serve their sentence. This study aims to determine the function of prisons in carrying out coaching for Correctional Assistance and to analyze the form and benefits of the guidance program for Correctional Assistance held at Class II-A Denpasar Women's Penitentiary. This research uses normative legal research methods. The data obtained through direct observation in the field. The results showed that in the Guidance Program of the Correctional Institution, especially the location of this research, was held, namely the Class IIA Denpasar Women's Penitentiary, which has collaborated with government agencies, private foundations, and community organizations engaged in the field of women in providing guidance as well as promoting the work of prisoners or residents. Correctional Assistance. In addition, the Class IIA Denpasar Women's Penitentiary held and participated in several exhibitions of the work of the Community Assisted Citizens. This activity aims to introduce the work of the Community Assisted Citizens to the community and make it clear that the Correctional Institution guides or fosters Prisoners to be able to work and be able to contribute to society when they finish serving their sentence.
Pertanggungjawaban Pidana terhadap Penganiayaan yang Dilakukan Anak kepada Orang Tua Ditinjau dalam Perspektif HAM
Authors: Wiryawan I Wayan Ogi , Widyantara I Made Minggu , Suryani Luh Putu
Published: October 2021

At present, abuse of parents by children, often occurs in the community which is commonly referred to as child abuse against parents. Children become cruel due to two factors, namely internal factors and external factors so that they are desperate to commit inhumane behavior towards their own parents. This case is also a violation of human rights that must be enforced. However, a child cannot be convicted of being underage. This study aims to analyze the criminal arrangements for minors who commit crimes against parents and explain the criminal sanctions given to a child who commits a criminal act of molestation. The research method used is normative legal research using a statutory approach as well as a conceptual approach. The data used are primary data, namely legal rules that are sorted systematically consisting of legislation, while secondary data consists of books, texts, principles and writings on laws related to persecution. There is also a form of writing in this research. The results of this study indicate that children can still be subject to criminal sanctions but can also be subject to sanctions in the form of fostering sanctions by related agencies. The child in this case who commits the crime of abuse is a minor, the punishment is different from ordinary punishment where child punishment is aimed at fostering the child and not focusing on the deterrent effect of the criminal.
Penegakan Hukum terhadap Penyalahgunaan Narkotika
Authors: Pradnyantari Made Ratih , Suryawan I Gusti Bagus , Sujana I Nyoman
Published: October 2021

Narcotics misappropriations have the bad impacts for nation generation continuance. The anticipation needs cooperation from all society elements, such as family, every education stages until universities and government must be united on narcotic. Prevention efforts in environment around them. The aims of this research are as follows: 1. To find out the steps which are applied by low enforcement in against narcotics misappropriation, 2. To find out and understand about doubt imposition which is did by the users of narcotics misappropriation. The law object source of this research is primary and secondary law object, the technique of accumulating is using document regristration method and recite the law regulations which are related to the problem and analysis by using descriptive qualitative.From the result of observation and researsech, the step that all of society element in narcotic prevention efforts in society environment, such as: 1. Promotive method, 2. Presentative method, 3. Repressive method, 4. Curative method, 5. Rehabilation. Criminal doubt is given for the narcotics addict who is walk on punishment period in jail, where as the action doubt is given for narcotics addict who become as a victim. Therapy and treatment will held as the rehabilition facilities.Government as policy taker is expected can formulate laws and regulations which are more binding in controlling and production of narcotics in Indonesia, and there is needs socialiscation and eludication about the impact of narcotics misappropriation.
Perkawinan Beda Agama dalam Perspektif Hak Asasi Manusia di Indonesia
Authors: Sekarbuana Made Widya , Widiawati Ida Ayu Putu , Arthanaya I Wayan
Published: October 2021

Presence of law number 1 Year 1974 about marriage can not provide legal protection as a whole in every marriage phenomenon, particularly in marriage different religions in Indonesia. Marriage law legitimately based on religion, but on human rights as privileges asserted freedom and marriage customs, embraced religion as a fundamental right that cannot be intervened by anyone. Problems of research 1) How marriage settings different religions in Indonesia? 2) How different religious marriage is a logical consequence of human rights perspective? This research is normative method, legal research with the study of the library of primary and secondary legal materials. Based on the findings of the research: 1) the Act of marriage has not provided certainty for couples who make marriage difference religion, there’s still a void marriage norms about different religions and conflict norms regarding legitimately marriage. 2) Different religious marriage discriminatory, religion is fundamental right that has been reserved and disinterfacking, the phenomenon raises consequences for one party with bowed themselves follow the religion of her partner. The Government expected to conduct observations regarding the effectiveness of the rules marriage and harmonization in Indonesia was not going empty, blurred or conflict of norms.
Implikasi Penanaman Modal dalam Negeri terhadap Tingkat Pengangguran di Kawasan Pariwisata Candidasa Karangasem
Authors: Ni Made Budi Kartika  , Desak Gede Dwi Arini  , Luh Putu Suryani
Published: October 2021

Currently Indonesia is a country which has a large population, as well as having natural resources (SDA) which is quite abundant, but the community as well as the Government has not been able to take advantage of the natural resources (SDA) in order to increase growth Economics for tackling unemployment in Indonesia, the basic policy of investing that is Act No. 25 of the year 2007, based on the legislation of local government which has the opportunity to attract investors to infuse capital both domestic and foreign, because it has the potential of karangasem geographically such as mountains and beaches become the main purpose of domestic and foreign tourists. The tourism region of candidasa is well worth to optimize as tourism and facilitate economic growth have a direct impact on the reduction of unemployment in Karangasem Regency. As for the formulation of the problem (1) How the shape of the Domestic capital investment in Candidasa Karangasem? (2) How the implications of investing in the country Against the unemployment rate in the area of tourism Candidasa Karangasem? This study uses empirical methods and qualitative data analysis and quantitative, investing in the country's positive effect to the unemployment which exists in the area of tourism candidasa karangasem, local governments have also been promotes training for job seekers at karangsem.
Pengawasan Orang Asing terhadap Pemberlakuan Bebas Visa Kunjungan pada Kantor Imigrasi Kelas 1 Khusus Ngurah Rai
Authors: Ni Made Putri Kartika Jati  , I Wayan Arthanaya  , I Nyoman Sutama
Published: October 2021

Free visit visa is a visa granted to foreigners upon arrival in Indonesia without paying a visa for a period of 30 days and cannot be extended. Visit visa free can be given at several Immigration Examination Sites (TPI) spread throughout Indonesia. The Ngurah Rai Special Class I Immigration Office personally supervises an Immigration Checkpoint, namely I Gusti Ngurah Rai International Airport. Regarding the implementation of a visit visa-free policy, the efforts made by the immigration ranks include: increasing the number of personnel, increasing supervision of landings and entry permits for foreigners, monitoring the use of residence permits by foreigners in various places, especially in the tourism sector and in various entertainment venues, there is cooperation between agencies in preventing prevention of visa-free use to minimize potential abuse of rules. The purpose of this study was to determine the application of visa-free policies at the Ngurah Rai Special Class I Immigration Office and to find out the legal consequences of the visa-free policy at the Ngurah Rai Special Class I Immigration Office. The research method uses empirical descriptive. The results of the study indicate that the application of a visa-free policy at the Ngurah Rai Special Class I Immigration Office is in accordance with the latest regulations, namely the Republic of Indonesia Presidential Regulation Number 21 of 2016 concerning Visit Visa Free. There are 169 countries around the world whose citizens can visit Indonesia without using a visa. It aims to improve bilateral relations, especially in terms of the tourism economy where the number of foreign tourists to Indonesia is targeted by the government of 20 million tourists by 2019. Legal Consequences Caused From Visa-Free Policies At the Ngurah Rai Special Class I Immigration Office, where according to one of the immigration functions is to select every intention of arriving foreigners, there are several cases of violations of law which can be easier to enter Indonesia such as foreign workers who work without complete permission in Indonesia.
Tindak Pidana Aborsi Akibat Perkosaan
Authors: Ni Putu Ratih Puspitasari  , I Made Sepud  , Ni Made Sukaryati Karma
Published: October 2021

Abortion is an abortion wherein in an abortion in the body there is a fetus but it is not perfectly shaped. According to the Criminal Code the abortion is prohibited for any reason, but the Health Law provides exceptions if medical indications. The problem is how is the regulation of the crime of abortion? And what are the criminal sanctions against perpetrators of criminal acts of abortion due to rape? The type of research used is normative legal research, with a legal and conceptual problem approach. Legal material comes from primary and secondary legal materials; the technique of collecting legal materials is by reviewing the laws and regulations governing abortion. Analysis of descriptive legal material analysis and adjusting to legal arguments. The regulation of abortion in the Criminal Code is regulated in article 346 of the Criminal Code, 347 of the Criminal Code, 348 of the Criminal Code and 349 of the Criminal Code. While the regulation of abortion in the Health Law is regulated in Articles 75, 76, 77 and Article 194 of Law No. 36 of 2009 concerning Health. Sanctions for abortion offenders can be subject to articles in the Criminal Code, namely Article 346 subject to a maximum sentence of four years in prison. Where as in article 347-349 the Criminal Code can be imprisoned for a maximum of fifteen years. In the Health Law, the maximum criminal threat is 10 years and a maximum fine of Rp. 1,000,000,000.00 (one billion rupiah). Conclusion, if the abortion is done not because of medical indications, then the act of abortion can be claimed as a crime.
Penyelesaian Tindak Pidana Penindasan yang Dilakukan oleh Anak melalui Mediasi Penal
Authors: Nyoman Ardana  , Simon Nahak  , I Ketut Sukadana
Published: October 2021

In handling the settlement of criminal acts carried out by a child in terms of oppression must use a justice approach. Then the formulation of the problem in this study is (1) how the legal settlement of the child victims of criminal acts of oppression, (2) how to settle the crime of oppression through reasoning mediation based on the child criminal justice system law. In this study are using normative legal methods, with a legal approach and conceptual approach. From this research, oppression is a matter of using violence, threats, or coercion to abuse or intimidate others both physically and non-physically. Discusses the settlement of criminal acts of oppression through reasoning mediation based on the child criminal justice system law on children who commit criminal acts of oppression can be subject to punishment in the form of witness prosecution and actions in accordance with article 71 and 82 of Law Number 11 of 2012 concerning Child Criminal Justice System . In the settlement of criminal acts of oppression through reasoning mediation which is a type of justice such as various teachings of justice (attributive reasoning, distributive reasoning, social reasoning), has the concept of punishment that finds a way to enforce a more just and balanced system of punishment and can be carried out at prosecution and court proceedings with consideration of legal certainty, the benefit of law and legal justice for the victims and the perpetrators of the persecution.
Perkawinan yang Tidak Dicatatkan dalam Masyarakat Hindu di Bali
Authors: Pande Putu Gita Yani  , I Ketut Sukadana  , Luh Putu Suryani
Published: October 2021

According to Article 2 of Law Number 1 of 1974 concerning Marriage, that marriage is considered valid if carried out according to religion and belief, and registered with civil registration. The divorce process is not stated in the Hindu community in Bali and due to marriage which is not recorded in the Hindu community in Bali. The research method uses a type of normative research, legal research that examines written law and divided aspects. Over time, problems often arise as a result of disharmony in domestic life. As a divorce arises, divorce is the end of a marriage. In Law No. 1 of 1974 the termination of marital ties can be caused by death, divorce, and court decisions. In the trial the divorce case does not have a marriage certificate so it can be replaced with a statement from the village.