bluuebunny/crossref_metadata_2025 huggingface dataset:
Perlindungan Hukum terhadap Warga Negara Asing Korban Tindak Pidana Penipuan dan Penggelapan Sewa Menyewa Tanah
Authors: Subakti I Wayan Ari , Dewi Anak Agung Sagung Laksmi , Karma Ni Made Sukaryati
Published: November 2020

Legal protection is all efforts to fulfill human rights and it is offered to the broad individual so that everyone can get a sense of comfort and peace in running life without a certain threat arising from other societies, thus the community does not complain about the existence of an enforcement the rules. Criminalization is a process that arises as a result of an act carried out by each individual, where it is given a binding sanction. The purpose of this research is to find out the meaning and components in deception and embezzlement and to explain the legal protection of foreign people who are victims of the crime of renting land. This research uses normative legal methods. Deception is an act based on what someone does with regard to goods. The elements of a criminal offense are to persuade another person to hand over an item. While embezzlement of goods is an act that can harm a person in order to benefit himself. The elements of embezzlement are: whoever, an item, all or the other people who are in their territory is not a crime, by fighting the law and being aware. The legal protection of foreigners against evasion and fraud in renting land is regulated in the Criminal Code article 378 of the Criminal Code
Sanksi Pidana bagi Pelaku Penyebaran Berita Hoaks serta Ujaran Kebencian dengan Memakai Akun Anonym
Authors: Syaputra I wayan Denny , Arjaya I Made , Sudibya Diah Gayatri
Published: November 2020

Crime in cyberspace is a crime with computer technology, especially the internet. One example is the spread of hoaxes and expressions of hatred. This research was conducted to determine the arrangements for spreading hate speech based on positive law, the legal consequences arising when someone is proven to spread hate speech and spread hoaxes, and efforts and steps taken to prevent the spread of hoax news and hate speech so as not to spread in the community. This research is a type of normative legal research with a statutory approach and conceptual approach. Arrangements for the dissemination of hoax news and expressions of hatred based on positive law have been explicitly regulated in the Criminal Code, which is found in Article 154 of the Criminal Code, Article 154a, Article 156, Article 156a, and Article 157 paragraph (1) and paragraph (2). Besides being regulated in the Criminal Code utterances of hate are regulated outside of the Criminal Code, including in Law No.40 of 2008 concerning the Elimination of Racial and Ethnic Discrimination, which is contained in Article 16, and is also regulated in Law No. 19 of 2016 concerning Renewal of Law No. 11 of 2008 concerning ITE has also regulated the distribution of hate speech through cyberspace, which is contained in article 27, article 28 paragraph (1) and paragraph (2), article 40 paragraph (2) and article 45 paragraph (2) due to the law incurred if someone is proven to have committed a crime of spreading hoax hoaxes and expressions of hatred can be jailed for 2 years, 3 years and even up to 10 years
Perlindungan Hukum terhadap Konsumen Parkir dalam Hal Terjadi Kehilangan di Area Parkir Lapangan Renon Kota Denpasar
Authors: Putra Ida Bagus Kade Ari Dwi
Published: November 2020

Consumer protection is an effort that is used to protect consumers, one of which is consumers of parking service consumers, so a Parking Area Company was established. The purpose of this study was to determine the Application of Regional Regulation No. 11 of 2005 concerning Parking Operational Systems in Denpasar City and the efforts of the Denpasar City Parking Area Company in protecting lost parking service users in the parking area of ​​Renon Field in Denpasar. This research uses an empirical juridical method with a sociological approach to law. Data collection methods used in this research are interview and literature study methods. The data in this study were sourced from primary and secondary data. The results of this study are there are still parking rates that do not comply with the provisions, there are still parking officers who collect parking in areas that have parking restrictions and there are still officers who do not want to serve consumers well. The effort of parking area companies in protecting consumers is by conducting evaluation activities every year, improving security services by holding parking attendant training every year and encouraging parking consumers to participate in protecting their luggage
Pelaksanaan Asimilasi dalam Pembinaan Anak Negara di Lembaga Pemasyarakatan Karangasem
Authors: Wicaksana I Made Satya Adhi , Widyantara I Made Minggu , Seputra I Pt Gd
Published: November 2020

Assimilation embodies the correctional principle which requires that prisoners not be separated from society. This assimilation was given in order to provide guidance for prisoners, provide skills or education for prisoners to prepare themselves to live independently in the community after being free to undergo criminal justice. Assimilation can allow providing opportunities for prisoners to be able  to  socialize  with  the  community  through  coaching,  as  well  as  activities carried out with the community. So that later when it is free to be able to return to the midst of society as part of the community and that is not less important, it can provide provision of education and skills that can be used in the community later. The formulation of the problem in this study is: how is the implementation of  assimilation  as  an  effort  to  foster  State  Children  in  the  Karangasem Correctional   Institution   and   what   obstacles   are   faced   in   implementing assimilation in the Karangasem Penitentiary. The type of research used in this study is empirical legal research. The results of the discussion in this study are as follows: Implementation of assimilation in the Karangasem Penitentiary based on the Decree of the Minister of Justice of the Republic of Indonesia Number M.01. PK.04-10 of 1999, and for prisoners related to drug cases, especially users, the coaching is carried out strictly, making it difficult to give assimilation efforts. The obstacles faced in the implementation of assimilation in the Karangasem Penitentiary include: the lack of officers of Karangasem prison institutions who have professional and professional education, lack of interest in serving people in Karangasem Prison, lack of implementing officers for prisoner training, experts are still less like psychiatrists, psychologists, sociologists, doctors and others according to the operational technical needs of Karangasem state detention centers.
Perlindungan Hukum terhadap Konsumen yang Dirugikan pada Transaksi Elektronik di PT. Orindo Alam Ayu
Authors: Pramitasari Ratih Cahya , Budiartha I Nyoman Putu , Karma Ni Made Sukaryati
Published: November 2020

In this Development Era, the rapid development of electronic-based trading. Of course the need for the internet as a medium that connects important online shopping pages. This is what is called E-Commerce, which is a form of electronic-based trading. One company engaged in electronic commerce uses PT. Orindo Alam Ayu. Therefore, the authors are interested in discussing various problems that often occur in this company by pouring in the form of a thesis entitled Legal Protection Against Consumers who are disadvantaged in electronic transactions at PT. Orindo Alam Ayu, with the formulation of the problem 1) How is the legal protection for consumers who are disadvantaged in electronic transactions at PT. Orindo Alam Ayu? 2) How to resolve disputes against consumers who are disadvantaged through electronic transactions at PT. Orindo Alam Ayu? The research method used is empirical research.A loss that is often experienced by consumers who make electronic transactions at PT. Orindo Alam Ayu can do the transfer. Shipping and delivery of goods from PT. Orindo Alam Ayu to the consumer. Consumers take advantage of time, because they have to make complaints to the business, to the channeling of funds, namely banks. Therefore, PT. Orindo Alam Party business assistance here As well as resolving disputes over consumers by fixing money disputes related to each consumer. So the final settlement does not reach the end of the path, licensing can be completed properly.
Perlindungan Hukum terhadap Data Pribadi Pengguna Jasa Transportasi Online
Authors: Devara I Gusti Dama Galang , Dewi Anak Agung Sagung Laksmi , Ujianti Ni Made Puspasutari
Published: November 2020

Technological developments have brought an impact on all community activities, one of which is the emersion of online transportation services such as those provided by Gojek, Grab, Uber, and others which do not only provide the services of riding but also the services of the delivery of goods, food and others. Using online transportation services requires users to download the application and register themselves. However, the personal data of the service users are often misused by drivers for certain reasons and purposes. To overcome and anticipate this, a strict legal regulation appearing as the legal umbrella to protect each online transportation user from misuse of their personal data by the driver is necessary. This study examines the forms of legal protection for users of online transportation services. Conducted in the design of normative legal research, the study makes use of articles and paragraphs of the laws on transportation and several other related laws. The results of the study indicate that legal protection for users of online transportation services from misuse of their personal data takes the form of repressive legal protection. Online transportation service users are permitted to file a civil suit to the online transportation service provider and to file a direct criminal suit regarding the acts of the driver, not on behalf of the online transportation service provider. Efforts to resolve the dispute-causing acts of misuse of personal data of online transportation service users can be made through deliberations, arbitration and courts. The three forms of settlement are in accordance with Article 45 Paragraph (1), (2) of the Indonesian Basic Agrarian Law and Article 6 of the Arbitration Law. Regarding the act of arbitrary canceling the use of online transportation services by service users appears a crucially urgent object to be studied from a legal perspective in the next studies.
Kebijakan Hukum Pidana bagi Tindak Pidana Cyber Terrorism dalam Rangka Pembentukan Hukum Positif di Indonesia
Authors: Jondong Zephirinus
Published: November 2020

The advancement of internet-based computer technology has not only a positive impact on its users but also a negative impact, one of which is the creation of new forms of crime such as terrorism. Based on this background, this research was conducted with the aim of revealing how the regulation of criminal acts of terrorism committed through cyberspace (cyber terrorism) in positive law in Indonesia and how criminal law policies in Indonesia in the future in regulating criminal acts of terrorism committed through cyberspace (cyber terrorism). This research was designed using normative legal research methods. The results of this study reveal that in Indonesia, the criminal act of cyber terrorism is not regulated in the Criminal Code (KUHP) or the Laws and Regulations that regulate the field of terrorism. In a situation like this, the perpetrator of the crime of cyber terrorism can be declared free from punishment because there is no element against the law regulated in the Act attached to the act. Therefore, in order to be convicted of a crime, the crime of cyber terrorism must be formulated clearly. In addition, in establishing a criminal law policy regarding cyber terrorism, cyber terrorism must be considered so that it can be made a criminal act and sanctions can be imposed on the perpetrator
Peran Badan Penyelesaian Sengketa Konsumen (BPSK) dalam Penyelesaian Sengketa Konsumen (Studi Kasus : Putusan BPSK Badung No.01/AP/BPSK/IV/2016)
Authors: Hulu Arianto , Dewi Ni A.A. Laksmi Sagung , Karma Made Sukaryati
Published: November 2020

Indonesia, with the fourth largest population in the world, is a large market share for business actors. However, this potential is not free from negative things where business actors often only make consumers the object of their business activities without paying attention to the quality of the products being marketed so that consumers suffer losses. Responding to this phenomenon, the Consumer Dispute Resolution Agency (BPSK) was formed as an alternative means of dispute resolution between Buyers and Sellers with the aim of resolving disputes between the two parties in an effective and efficient non-litigation manner. This organization is not systemic but has the function of resolving conflicts that occur between producers and buyers on a non-litigation basis. This research was conducted with the aim of describing the forms of consumer legal protection for business actors and the role of BPSK in resolving consumer disputes. The research method used in this paper was a normative legal research method. This research showed that consumer legal protection for business actors is regulated in article 1 number 3 Law No. 8 of 1999 regarding consumer protection which states that a business actor is an entire person or individual or a business entity based on law or not and the place to carry out these activities in the territory of the Republic of Indonesia. In addition, BPSK has a role in carrying out the process and resolving consumer conflicts through mediation, arbitration or conciliation with opportunities ranging from consumer protection consultations, supervision in the application of agreements, making reports to investigators if there are indications of legal violations, receiving complaints, conducting studies and analysis of conflicts that occurred, summoning the parties, witnesses and any individual who is aware of an incident of law violation.
Akibat Hukum dari Wanprestasi dalam Transaksi Jual Beli Secara Instagram
Authors: Putra Ryan Prastya Mariata , Widiasti Ida Ayu Putu , Ujianti Ni Made Puspasutari
Published: November 2020

The influence of globalization that occurs today has made information and communication technology became something very important for society because it presents a world without boundaries, distance, space, and time. This has made changes to the lifestyles of the people as well as changed the social, economic, cultural, security, and law enforcement. This research was conducted with the aim of describing the rights and obligations of the parties in an Instagram trade agreement and the legal consequences of negligence on an Instagram trade agreement. This research was conducted using normative legal research methods. The results of this study showed that the rights and obligations of the parties to the engagement on Instagram are regulated in the PK Law. Consumers and business actors have their respective rights and obligations. In addition, the legal consequences for a debtor/party who has the obligation to perform in the engagement but has committed negligence, namely: he must pay compensation suffered by the creditor/party who has the right to receive achievement (vide Article 1243 of the Civil Code); he must accept the decision of the engagement accompanied by payment of compensation (vide Article 1267 of the Civil Code); he must accept the transfer of risk from the moment of failure (vide Article 1237 paragraph (2) of the Civil Code); and he must pay court fees if litigated in court (vide Article 181 paragraph (1) HIR).
Tinjauan Yuridis Pengajuan Permohonan Peninjauan Kembali pada Perkara Pidana dalam Sistem Hukum Indonesia
Authors: Peremana I Made Widi Adi , Dewi A. A. Sagung Laksmi , Karma Ni Made Sukaryati
Published: November 2020

The study of this research is the submission of requests for reconsideration in criminal cases in the Indonesian legal system which became a polemic after the issuance of the Constitutional Court Decision Number 34 / XI-PUU / 2013 and Circular Letter of the Supreme Court (SEMA) Number 7 of 2014 concerning Submission of Reappeals in Cases Criminal. The research objectives to be achieved, in this case, are the regulation of legal reconsideration efforts in Indonesia and the procedure for submitting a request for review in the Indonesian system. Researchers use a normative juridical approach or library research or doctrinal legal research which can be interpreted as legal research by examining library materials and secondary materials. This study illustrates that the regulations for reconsideration in the legal system in Indonesia are based on various regulations, namely Law Number 8 of 1981 concerning the Criminal Procedure Code, Law No. 3 of 2009 concerning the Supreme Court, Law no. 48 of 2009 concerning Judicial Power, Circular Letter of the Supreme Court of the Republic of Indonesia No. 7 of 2014 concerning Review of Criminal Cases and Submission of Reconsiderations at this time refers to the provisions of the Circular Letter of the Supreme Court of the Republic of Indonesia No. 7 of 2014 concerning Reconsideration in Criminal Cases.
Pemecahan Sertifikat Hak atas Tanah yang Sedang Dibebani Hak Tanggungan
Authors: Pradana I Putu Gian Favian Adhi , Suwitra I Made , Sukadana I Ketut
Published: November 2020

The purpose of the procedure for certificate management is still bound by mortgage rights, namely to provide legal protection for creditors, if there is a certificate holder, all of the breakers will be re-burdened according to the loan borrowed. This study aims to look at the legal protection for the bank against land title certificate holders who are encumbered with mortgage rights and legal responsibilities for land title certificates that are encumbered with mortgage rights. This research uses a type of normative legal research, with an invited-invited approach (The Statute Approach) and a conceptual approach. The results showed that the legal protection measures for the bank against the management of land title certificates that were encumbered with mortgage rights could be done by making a power of attorney to charge and making them to sell. In practice, in order to obtain a legal protection against the certainty of the guarantee to be resolved, the Bank will ask permission to make a power of attorney to make the sale. In this case a power of attorney is made to sell by the bank's debtor and can also sell the guarantee. As a result of the legal law, the certificate which is being burdened with a mortgage will be nullified and will be re-burdened on the owner.
Tinjauan Yuridis terhadap Tindak Pidana Pungutan Liar (Pungli)
Authors: Wiguna I Wayan Arsa Yogi , Sujana I Nyoman , Sugiartha I Nyoman Gde
Published: November 2020

In the community, it is often heard about illegal fees which are a form of criminal act. This study aims to determine the regulation of illegal levies (Pungli) based on Regional Regulation No. 8/2010 concerning levies, creations and sports and to determine the imposition of criminal sanctions against perpetrators who commit illegal extortion (Pungli). The research method used is the normative research method, primary and secondary legal material sources, records of statutory books and other literature are carried out to collect data, and analysis of legal materials using legal arguments. The results of this study indicate that the regulation of corruption is implied in the formulation of corruption in several articles including Article 423 of the Criminal Code referred to in Article 12 of Law Number 31 Year 1999 as a criminal act of corruption, which is then reformulated in Law Number. 20 of 2001 concerning the crime of corruption. Legal sanctions against extortion consist of social sanctions and criminal sanctions. The law on corruption is stated in it regarding the crime of extortion.
Bhabinkamtibmas dalam Menjaga Keamanan dari Paham Radikalisme di Wilayah Hukum Polsek Denpasar Timur
Authors: Dewi Ni Nyoman Septiana , DEWI A.A SAGUNG LAKSMI , WIDYANTARA I MADE MINGGU
Published: November 2020

Bali is one of the tourist destinations; many come for a vacation and enjoy the beauty of the island of Bali, both foreign nationals and local tourists. The number of local tourists and foreign nationals who come to Bali is used by a handful of people to commit crimes, as recently happened in the jurisdiction of the East Denpasar Police. The joint team of Densus 88 Police Headquarters, Task Force CTOC and Brimob Polda Bali, on Tuesday, June 26 2018 at 20.30 WITA, raided one of the houses on Jl. Gandapura related to Radicalism Group. This study explores two issues, namely Bhabinkamtibmas efforts in maintaining security from radicalism and the factors that can influence the development of radicalism. The method of research used in this study is normative legal research using a statutory approach. Bhabinkamtibmas are police officers who work at the village to sub-district level and carry out a preventive function by partnering with community members, and have an important role in preventing the development of radicalism. The conclusion from the results of this study is that radicalism appears as a notion or ideology that demands change and renewal of social and political systems by means of (Sztompka, 1993; Odea, 1996). As an effort by Babhinkamtibmas to prevent the development of factors that can cause radicalism, legal guidance and counseling and social security are provided to increase legal awareness and social security by upholding human rights (HAM) in the jurisdiction of the East Denpasar Police.
Kedudukan Anak Adopsi dalam Pewarisan Berdasarkan atas Hukum Adat Bali
Authors: Wijaya I Gede Eka Julia Artanida
Published: November 2020

The law of inheritance is a law that regulates what should happen to the deceased person's property, in other words, it regulates the transfer of property left by the deceased to the heir. In principle, only rights and obligations in the field of property law can be inherited, and it does not include rights and obligations in the field of law that cannot be inherited, such as work agreements, employment relationships, individual membership, and authorizations. This research was conducted with the aim of describing the rights and obligations of an adopted child in inheriting property by the adopted parent and the position of the adopted child in inheriting property by the adopted parent. This research was conducted using empirical legal research methods. The results of this study indicated that adopted children in Bali are entitled to receive an inheritance from their adopted parents as well as their biological parents. This is known as ma’bubun dua ma’saruran patomali. Its meaning has two kiblat oase, that is to be able to be given an inheritance from adoptive parents as well as biological parents. On the other hand, the adopted child is obliged to maintain and establish family relationships as harmonious as possible, and carry out or replace the role or obligation of the adopted father/mother to the duties of the area where he lives (local community). In addition, the position of the adopted child in the inheritance of the property by the adopted parent is equal to or completely the same when compared to the biological child. Therefore, the adopted child is also entitled to inherit the inheritance of the adopted parent.
Perlindungan Hukum Anak Nakal dalam Penjatuhan Sanksi Pidana
Authors: Putra I Made Dharma , Budiartha I Nyoman Putu , Dewi A. Sagung Laksmi
Published: November 2020

Children are an inseparable part of human survival and the survival of the nation and state. Today delinquency and crimes committed by children continues to increase, such as narcotics abuse, robbery, theft and rape, destruction of property and so on. When delinquency committed by children even leads to criminal acts, of course this is very disturbing for the community. The existence of legal protection for naughty children in criminal sanctions is of course very desirable for the best interests of children who are in conflict with the law. The method used in this research is normative legal research or what is also called the term library research by examining document studies using secondary data, namely laws, legal theory, expert opinion and so on. The result of this research is that the process of examining criminal cases against delinquents and starting investigations, arrests, detention, prosecution, trials and placement at the correctional center must pay attention to children's rights, as well as legal protection of delinquents in imposing criminal sanctions where child protection aims to provide guarantees for children in conflict with the law. In this case, special investigators for children, investigations with a family atmosphere, investigators do not use service attributes, duties to carry out diversity, child secrecy and arrest must of course put Restorative Justice, and the fall of criminal sanctions against children must be based on truth, justice and child welfare. So that Law Enforcement Apparatus both the Police as Investigators, Public Prosecutors, and Child Judges with the enactment of Law Number 11 of 2012 concerning the Juvenile Justice System.
Persetujuan Keluarga sebagai Syarat dalam Pemberian Pembebasan Bersyarat kepada Narapidana
Authors: Wangsa Gusti Ngurah Agung Tresna , Sukadana I Ketut , Budiyasa I Made
Published: November 2020

One of the rights of convict is obtaining parole. To get his right as a convict in order to get parole requires the consent of the convict's family as a guarantor. The aims of the research are to know the arrangement of parole to the convicts and to know the role of the family as a guarantor in granting parole to convicts. The method of research is the type of normative legal research. Approach of problem is approach of conceptual approach and legislation. Source of primary and secondary legal materials. Collection of legal materials by reading or studying books of legislation and other literature and added with the results of interviews. The analysis of legal materials is done by analytical descriptive. Results and discussion is the regulation of parole shall be granted to a convict who has served a criminal offense of at least 2/3 (two-thirds) with the provisions of 2/3 (two-thirds) of the criminal period not less than 9 (nine) months. it is regulated in Government Regulation no. 99 of 2012, Regulation of the Minister of Justice and Human Rights, Regulation of the Minister of Justice and Human Rights Number M.01.PK.04-10 of 2007, Ministerial Regulation no. 21 of 2013 which contains conditional pretrial conditions and procedures for convicts. Approval of the family as a guarantor is one of the mandatory requirement in granting conditional exemption to the convict because the family will be responsible in guiding and supervising the convict if they have obtained the Conditional Paragraph, providing information about the circumstances of the convicts and the family is also obliged to assist the economic condition because in general the convicts the newly acquired parole has not had a job yet.
Akibat Hukum dalam Pewarisan dari Pelaksanaan Pengangkatan Anak oleh Orang Tua Tunggal
Authors: Hartaka Condro Putri Dewi
Published: November 2020

The child is the mandate of the Grace Of God Almighty, and inside there is something that is attached as the dignity and status as a whole person. Along with the time on it right now is the mindset of society as it advances and growing, such as the parents who are unable to finance the future of the child and that’s why the purpose of adoption the child is not only to get the child but also for the welfare of children. And in Indonesia allow the implementation of the adoption by single parents, a woman or a man who is not married and who have been married but no longer bound in wedlock (widow or widower). Adoption of the child by single parents can only be done by the Citizens Of Indonesia after obtaining permission from ministers and the granting of permission can be ordered to agencies in the province. Adoption by single parents same thing with the adoption of children by parents in general. Adoption does not cause the relationship between children with real parents to be disconected, because most of the child who is in was from the family. Adoption of the child must be listed in a birth certificate, by not eliminate the identity of the beginning. Foster child are entitled to receive heir from the foster parents and also have the right heir from the real parents.
Tindak Pidana Pembunuhan yang Dilakukan oleh Anak
Authors: Arsana Gede Widya , Sepud I Made , Sujana I Nyoman
Published: November 2020

School students are the future generation who still need guidance; if they are failed to be guided, there will be an upheaval in their inner selves that is delinquency, which may turn into a criminal act, like murder. The backgrounds of problems are formulated as follows: 1). what is the judge's consideration in deciding cases of murder committed by the child? 2) How criminal sanctions are imposed on a child? This research uses normative legal research methods. The results show that the rationale judgment of the judges in imposing punishment to the juvenile was merely based on the action of crime committed by the children. The judges only perform their obligations under the Act that has been established and which they assume the verdict was fair for the society and the family victim. However, the judges failed to assume the negative impact of criminal penalties of 10 (ten) years of imprisonment sentenced to the children. It was clear that the judges tend to apply juridical considerations in decision making process. While they did consider the non-juridical considerations in decision Number 22/Pid.Sus.Anak/2016/PN.Tjk which actually should be based on sociological, psychological, criminological, and philosophical of the juveniles. The researcher suggests that: 1) The judges must consider and reconsider the punishment of 10 years imprisonment which may lead to mental decline in children because they are still relatively; 2) The judges shall reconsider the impact that would occur in children as they are living for 10 years in prison.
Sanksi Pidana terhadap Pelaku Penculikan Anak
Authors: Agung Ardi Putra Dewa , Sepud I Made , Dewi A.A. Sg. Laksmi
Published: November 2020

Kidnapping is an act committed by someone without the right for the purpose of enabling such person under the powers of the kidnappers. An abductor targets child as a victim. Based on the online news website liputan6.com, Chairman of the National Commission for Child Protection Arist Merdeka Sirait said the Child Abduction case continues to increase from 2014 to 2017. The issues regarding the case to be examined in the present study are: (1) The regulation regarding criminal liability of offenders of child abduction, (2) The criminal sanction and condemnation towards the offenders of child abduction. From the results of an exploration conducted with the normative research method in this study it was found that the criminal liability of the offenders of child abduction is regulated in Article 76F Indonesian Law No. 35 of 2014 concerning the Amendment towards the Law No. 23 of 2002 concerning Child Protection. The kidnapping of a child may be held to criminal liability if the offender has committed an act fulfilling the elements of delinquency. Regarding criminal sanctions and condemnation against child abductors who are proven guilty of legally and convincingly in the eyes of the law of committing the crime of kidnapping of a child can be sentenced in the form of imprisonment and a fine penalty. Criminalization of child abductors depends on the role of the judge who examines and prosecutes the case. Judges are given the freedom to set the type of criminal, criminal conduct, or the high and low criminal.
Sanksi terhadap Penyalahgunaan Pemakaian Listrik di Wilayah Perusahaan Listrik Negara (Persero) Rayon Kuta
Authors: Ariana I Made , Widiati Ida Ayu Putu , Dewi A.A Sagung Laksmi
Published: November 2020

The relationship between PT. PLN (Persero) and the electricity user is a selling and purchasing whose provisions are set forth in an agreement called Surat Perjanjian Jual Beli Tenaga Listrik (SPJBTL). Based on the occurring phenomenon, the problem of abuse of electricity usage, especially that occurred in the last three years in the service area of PLN Rayon Kuta, is extremely detrimental to the state in this case the PLN. This study reveals the factors that lead to misuse of electricity usage and the application of sanctions against misuse of electricity in the PT. PLN (Persero) Rayon Kuta with empirical legal research. The abuse of the electricity in Kuta and its surrounding areas are motivated by several factors including ignorance, intention, external customer and customer negligence. From some of the physical evidence found by T2 P2TL PT. PLN (Persero) Kuta rayon, several forms of abuse of electricity consumption can be categorized, among others such as affect power barriers, measurement, and wild connection outside the measurement. In the case of the settlement of the abuse of the electricity usage, PLN uses the legal basis of the regulation of directors of PT. PLN (Persero) Number: 088-Z.P / DIR / 2016 concerning the Controlling of Electricity Usage. To minimize the occurrence of abuse of electricity usage, it is necessary to optimize socialization related to the right and safe electricity usage by PLN in cooperation with other related parties such as university level education, environment or village apparatus and especially in Bali the PT. PLN should cooperate with the management or kelian (the leader of a customary group of community called banjar) under certain mechanism. The application of sanctions to PLN customers or users who are found to be abusing the use of electricity need to consider the legal benefit, especially those found to violate Category IV in order to make the process of settlement through the legal sphere to create a deterrent effect so that in the future similar incidents affecting the state losses and other public losses as electricity users can be reduced or minimized.
Pengangkatan Anak oleh Orang Tua yang Berbeda Keyakinan dengan Calon Anak Angkatnya
Authors: Agatha Fransiska Maryl , Widia I Ketut , Sukadana I Ketut
Published: November 2020

Adoption is a legal action to transfer custody of a child from a parent, legal guardian, or another person responsible for the care, education, and care of the child to the care of the adoptive parent. The adoption of children is generally carried out by married couples who cannot have children. Apart from a reproduction factor, there are a lot of other things encouraging adopting a child, one of them is compassion. This study aimed to examine the requirements for adoption based on PP. 54 of 2007 and the legal consequences of adopting children by adoptive parents of different beliefs from the prospective adopted children. This research is a normative legal research. Based on the results and discussion of this study, it was found that requirements for adoption based on PP. 54 of 2007 has been clearly regulated, and the detailed procedures and requirements for adoption have been regulated in Law No. 35 of 2014 concerning Child Protection with implementing regulations in the form of Government Regulation No. 54 of 2007 concerning the Implementation of Adoption and clear details in the Minister of Social Affairs Regulation No. 110 of 2009 concerning Requirements for Adoption of Children. In addition, adoption by prospective parents with different beliefs can be carried out by having a statement letter from the biological parents of the prospective adopted child stating that the child follows the beliefs of the adoptive parents. Whereas for homeless children a statement letter from the biological parents is made by the foundation or institution that accommodates the child.
Perlindungan Hukum terhadap Pekerja yang Bekerja Melebihi Waktu Kerja (Studi Pada Perusahaan UD. Indra Jaya Seafood Supplier)
Authors: Ulansari Ayu Adi
Published: November 2020

Work that is done outside working hours is something that is outside the obligations of the workers. This study aims to analyze the implementation of legal protection for workers who work outside of working time at the UD company. Indra Jaya Seafood Supplier, as well as inhibiting factors in the application of legal protection to workers who work beyond the working time limit at UD company. Indra Jaya Seafood Supplier. This type of research used in this research is empirical legal research. The results showed that the company UD. Indra Jaya Seafood Supplier in hiring more workers than the time stipulated by law. The reason is, if you add up, sometimes companies are expected to employ workers more than 14 hours a week. Regarding the obligations of employers to workers who exceed working hours, UD company. Indra Jaya Seafood Supplier has done it optimally in accordance with the prevailing laws and regulations. This is because workers who work outside working hours at the company have been asked for prior approval, are given overtime pay, are given adequate rest time, and provide food and drinks. The inhibiting factor in the application of legal protection for workers who exceed working hours at UD company. Indra Jaya Seafood Supplier, namely the demands of consumers to deliver goods on time (deadline), less than optimal performance of workers in preparing goods for delivery, and also a lack of manpower currently.
Perlindungan Hukum terhadap Anak yang Menjadi Korban Tindak Pidana Persetubuhan di Bawah Umur
Authors: Kapitan Agustinus Yitsak Mannuel , Sepud I Made , Sujana I Nyoman
Published: November 2020

Legal protection is a legal effort that must be provided by law enforcement officials to provide a sense of security to the community both body and soul from interference and threats from any party. The protection of children who are victims of moral crimes is regulated in Law Number 23 of 2002 jo and Law Number 35 of 2014 concerning Child Protection. This research was conducted with the aim of describing the legal protection of a child who is the victim of criminal acts of sexual intercourse and the criminal sanctions against the perpetrators of the sexual intercourse crime on a child. This research was conducted using the normative legal research method. Based on the results of the research and discussion, the legal protection for children who are victims of criminal acts of intercourse is regulated in Law No. 35/2014. Children who are victims are given protection in the form of medical assistance, psycho-rehabilitation, the right to restitution, the right to compensation. Criminal sanctions against the perpetrator of the criminal act of child sexual intercourse in decision number 58 / Pid.Sus / 2015 / PN.Tab, the perpetrator was sentenced to 7 (seven) years in prison and a fine of 150,000,000.00. Seeing the perpetrator's actions were very cruel, robbing other people's honor, namely his own daughter, the punishment that should be given to the perpetrator is the maximum punishment. If the fine cannot be paid, the defendant's sentence will be increased to 6 (six) months.
Perlindungan Hukum terhadap Penerima Lisensi Paten dalam Alih Teknologi
Authors: Adnyani Kadek Devi Arta , Budiartha I Nyoman Putu , Ujianti Ni Made Puspasutari
Published: November 2020

License is a contract between the licensor (Licencor) with the licensee (License) in which the licensor with a payment and in certain circumstances gives permission to the licensee to use an intellectual property rights (intellectual property rights). Regarding the types of licenses according Lee and Davidson, differentiate into 2 (two)  types  of  licenses,  namely  Exclusive  and  Non  Exclusive  licenses.  Patent license agreements are basically subject to and refer to the provisions of the agreement adopted by the Indonesian State in the Indonesian Civil Code. In this day and age the licenses as outlined in the agreement have the form of standard agreements or standard contracts, in a licensing agreement because it uses a standard  contract,  it  has  the  potential to  cause  an  imbalance  of  the  parties because some licensing agreements (Lisensor) use clauses that can harm the licensee (License). Refressive legal protection is used, if a license agreement with a standard contract or standard contract used by the licensor of the patent (Licencor) to the recipient of a patent license (License), if it violates a subjective condition in making a patent license agreement then it will cause legal consequences can be canceled (Vernietigbaarheid) whereas if it violates an objective condition it will have legal consequences null and void (Neitigbaarheid).
Kedudukan Hak atas Tanah Waris Warga Negara Indonesia yang Berpindah Kewarganegaraan
Authors: Palupi Kadek Hapsari Ika , Widiati Ida Ayu Putu , Arthanaya I Wayan
Published: November 2020

A person’s citizenship status has an impact on obtaining guarantees of rights from the state. Indonesian citizens are granted the right to obtain ownership rights to land in Indonesia, but not to those who have changed their citizenship status. The case is different if a citizen acquires the rights of ownership over land due to inheritance. In this regard, this study addresses two questions: 1) how is the inheritance rights in Indonesia based on the Civil Code regulated? ) What is the position of inheritance rights of Indonesian a citizen who has changed his/her citizenship status? This study uses a normative legal research method with a statutory approach and a conceptual approach to achieve these goals. The results indicate that the regulation of inheritance rights in Indonesia is realized through the enactment of three types of inheritance law, namely Customary Inheritance Law, Islamic Inheritance Law and Civil Code Inheritance Law. In the Civil Code of Inheritance Law there are groups that distinguish between heirs and wills whose contents shall not conflict with legitieme portie (absolute part) and shall relate to its inheritance which is land. Then, there are other rules that need to be obeyed namely Indonesian Republic Law Number 5 of 1960 concerning Basic Regulations of Agrarian Principles. The status of ownership rights of land of an Indonesian citizen who has changed his/her citizenship status transfers to the state if the said citizen does not transfer the status of his/her land inheritance within one year from his transfer of citizenship.
Perlindungan Hukum bagi Konsumen terhadap Kerugian dalam Layanan Penggunaan Paket Internet provider
Authors: Ulfa Nurin Fitriana , Budiartha I Nyoman Putu , Arini Desak Gde Dwi
Published: November 2020

Legal protection for consumers is a process of protection provided to consumers in their efforts to obtain the desired goods and/or services and the possibility of a loss in using them, the law applies to protect consumers. This study aims to find out the legal protection for consumers of providers against losses in the use of internet data packages that have used up but have not received notification and responsibility of the provider for the loss of consumers of internet data package users. The method used in this study is empirical legal research using a statutory, conceptual and sociological approach. Primary and secondary data is data used in this study. Then this study was analyzed qualitatively. Based on the analysis, the results of this study indicate that the legal protection for consumers against losses in services using the internet provider package is the process of resolving disputes with accountability by Telkomsel. Liability as an effort to protect consumers from the provider to consumers that results in consumer losses in the form of credit cuts has not been fully implemented, because not all provider problems will be given compensation in any form.
Penyediaan Karang Memadu bagi Warga yang Berpoligami di Desa Adat Penglipuran Kabupaten Bangli
Authors: Sattwika Kharisma Nanda , Sudibya Diah Gayatri , Ujianti Ni Made Puspasutari
Published: November 2020

The authority of the customary law community covers various fields of human life, including in the field of marriage. In the field of marriage, customary law community unity regulates its own marriage patterns as applied by customary law community unit in Penglipuran Adat Village, Bangli Regency, there are customary rules that forbid its citizens from polygamy by providing a place called coral combined for traditional village manners that do polygamy. The study examines two problem formulations namely how the marriage system in the Penglipuran traditional village, and what the function of the reefs is to integrate polygamy marriage in the Penglipuran traditional village. The research method used in this study is empirical legal research with the sociology of law approach. The results showed that the Penglipuran Indigenous Village implemented a Monogamy marriage system that had long been designed before it was published in Law Number 1 of 1974 concerning Marriage. Related to the function of coral reefs is to prevent polygamy marriages. The main goal is to give a woman's happiness as a wife. While the influence of the supply of coral blends is very effective because until now there are no residents who occupy the coral blends because there are no Penglipuran people who do polygamy. With this research it is expected that the Penglipuran Indigenous village should maintain and preserve the values ​​of its local wisdom, because the Indigenous Village of Penglipuran is a well-known tourist destination. In addition, the government should always provide guidance to village officers to maintain the preservation of cultural values.
Perlindungan Hukum terhadap Konsumen Khusus Jasa Penumpang Angkutan Darat
Authors: Putra Nyoman Gede Fajar Septiawan , Arini Desak Gede Dwi , Suryani Luh Putu
Published: November 2020

Legal Protection is all businesses that bear the existence of legal provisions in providing protection to passengers or consumers who use the services of business operators to protect consumers from things that are not desirable. Public Transport Online is one of the public transportation media that is often used by the general public not only to transport passengers but to bring goods to be delivered to the destination address at a rate previously agreed. This study aims to analyze the factors that cause consumer losses for online transportation transport passengers and their protection in accordance with Law No. 8 of 1999 concerning Consumer Protection. This research was designed using the approach of Empirical Law research. The technique used in collecting data, namely the interview technique, was carried out at PT Aplikasi Karya Anak Bangsa. The results of this study indicate that the Online Public Transport Company is fully liable for losses caused by all people employed in public transport activities, besides online public transport companies and service carriers are fully obliged to sort out the compensation experienced by consumers and / or goods that can result disability and / or death, unless caused by an event that cannot be avoided or prevented due to passenger negligence. Through this research it is expected that consumers and service drivers must know each other's role and what their rights and obligations are so that it can reduce the loss for consumers or drivers of public transportation services.