Jurnal Ilmu Hukum Sui Generis

IMPLEMENTASI PIDANA PENJARA TERHADAP PELAKU TINDAK PIDANA NARKOTIKA DI LEMBAGA PEMASYARAKATAN KELAS II A KEROBOKAN

Made Desi Ratna Dewi, Dewa Gede Sudika Mangku, Ni Putu Rai Yuliartini — Mon, 02 Oct 2023 00:00:00 +0800

Tujuan dari penelitian ini adalah untuk mengetahui dan menganalisa terkait 1) sistem pembinaan Warga Binaan Pemasyarakatan yang dilakukan di Lapas Kelas II A Kerobokan dan 2) implementasi pidana penjara terhadap pelaku tindak pidana narkotika di Lembaga Pemasyarakatan Kelas II A Kerobokan. Jenis penelitian yang digunakan adalah jenis penelitian hukum empiris serta sifat penelitian ini bersifat deskriptif. Penelitian ini teknik yang digunakan adalah teknik non probability sampling dengan bentuk Purposive Sampling. Hasil penelitian yang diperoleh yaitu 1) Sistem pembinaan yang dilaksanakan oleh Lembaga Pemasyarakatan Kelas II A Kerobokan dilaksanakan oleh petugas lapas dengan memberikan pembinaan kepribadian yang terdiri dari pendidikan dan penyuluhan-penyuluhan, kemudian pembinaan kemandirian seperti pelatihan kerja yang bertujuan untuk mempersiapkan warga binaan pemasyarakatan agar siap terjun dalam masyarakat setelah lepas dari lapas, 2) pelaksanaan pidana penjara di Lapas Kelas IIA Kerobokan tidak berjalan efektif karena faktor internal warga binaan itu sendiri yang tidak mau dirubah kepribadiannya sehingga pada saat keluar ia mengulangi kembali perbuatannya karena masih ketergantungan menggunakan narkotika serta tidak selalu diterima baik oleh masyarakat dan lingkungan tempat mereka tinggal.

PERANAN BPOM KABUPATEN BULELENG DALAM HAL PENGAWASAN OBAT DAN MAKANAN DALAM PERLINDUNGAN KONSUMEN

Ida Ayu Kade Novi Handayani, Si Ngurah Ardhya, Ketut Sudiatmaka — Mon, 02 Oct 2023 00:00:00 +0800

This study aims to identify and analyze the role of BPOM Buleleng Regency in supervising drug and food products and the obstacles encountered in supervising drug and food products. In this study, the type of research used is empirical legal research with a descriptive nature that aims to accurately describe individual characteristics, circumstances, determine the spread of a symptom, or determine whether there is a relationship between a symptom and other symptoms in society. The data and data sources used are primary data obtained directly in the field, namely the Pom Workshop, Buleleng Regency, secondary data obtained from the legal foundations related to this research with primary materials containing basic norms, secondary legal materials regarding books related to this research. In data collection techniques using documentation/library study techniques, interview techniques and observation techniques with qualitative processing and analysis techniques. The results of this study indicate that the role of the Pom Loka Buleleng Regency as an organization that is responsible for carrying out rights and obligations as drug and food supervisors in accordance with applicable laws and regulations, then the obstacles encountered by the Buleleng Regency Pom Loka in supervising drugs and food occur due to two factors, namely, internal factors (all-online system) due to limited human resources and lack of participation of law enforcement officials and external factors (lack of consumer understanding of a product in circulation) rampant circulation of illegal products online and low public knowledge and awareness about the dangers of counterfeit products.

AKIBAT HUKUM BAGI WARGA NEGARA YANG TERGABUNG SEBAGAI PEMBERONTAK DALAM PERSPEKTIF HUKUM INTERNASIONAL (STUDI KASUS PEMBERONTAKAN MELALUI AKSI TERORISME OLEH ISIS DI JAKARTA PUSAT)

I Komang Yudik Kresna Putra, Dewa Gede Sudika Mangku, Ni Putu Rai Yuliartini — Mon, 02 Oct 2023 00:00:00 +0800

This study aims to identify and analyze the arrangements regarding rebel groups in the perspective of international law to analyze the legal consequences for Indonesian citizens who join as rebels according to international law as well. In this study, the type of research used is a type of normative legal research using a statutory approach (statute approach), case approach (case approach), and the conceptual approach (conseptual approach). The sources of legal materials used are primary legal materials, secondary legal materials and tertiary legal materials. The legal material collection technique used is a document study technique through library sources that are relevant to the issues discussed by analysis techniques of legal material obtained either in the form of primary legal material or secondary legal material which is analyzed qualitatively which will then be evaluated and interpreted and then argued carried out by researchers to provide a description of right or wrong and what is legally appropriate for the events that occur. The results of this study indicate (1) that in international law arrangements regarding rebels is regulated in additional protocol II of the 1949 Geneva Convention, but every party that takes a role in armed conflict including rebels has not been recognized as a subject of international law but is required to comply with international legal rules and (2) legal consequences for citizens who are involved as rebels is still not clear enough, so strict rules with severe sanctions are needed to prevent and punish the actions of the rebels and provide a deterrent effect to anyone involved in these activities.

IMPLEMENTASI KETENTUAN PASAL 18 UNDANG-UNDANG NOMOR 8 TAHUN 1999 TERKAIT PENCATUMAN KLAUSULA BAKU DALAM PERJANJIAN ASURANSI DI WILAYAH KOTA SINGARAJA

Ketut Adi Setiawan, Si Ngurah Ardhya, Muhamad Jodi Setianto — Mon, 02 Oct 2023 00:00:00 +0800

This study aims to find out and analyze the implementation of the provisions of article 18 of Law Number 8 of 1999 regarding the inclusion of Standard Clauses in insurance agreements in Singaraja and the legal consequences of standard clauses that fulfill the prohibited elements of the provisions of Article 18 paragraph (1) of Law Number 8 of 1999 in the insurance agreement in the Singaraja City area. In this study, the type of research used is empirical legal research with the nature of research that is descriptive in nature which aims to accurately describe individual characteristics, circumstances, determine the spread of a symptom, or determine whether there is a relationship between a symptom and other symptoms in society. . The data and data sources used are primary data obtained directly in the field, namely Sun Life Financial Insurance, secondary data obtained from the legal foundations related to this research with primary material containing basic norms, secondary legal material regarding books -books related to this research. In data collection techniques using documentation/library study techniques, interview techniques and observation techniques with qualitative processing and analysis techniques. The results of this study indicate that (1) the Implementation of the provisions of article 18 of Law Number 8 of 1999 Regarding the Inclusion of Standard Clauses in the Sun Life Financial insurance agreement in Singaraja, with the Implementation of the Inclusion of Standard Clauses in the Sun Life Financial Insurance Policy: Policy contents only benefit business actors and the prohibition of Clauses Standards as a form of consumer protection, this inclusion is contained in policy provisions such as the transfer of responsibility for business actors, and entitles business actors to reduce service benefits or reduce consumer assets and the(2) legal consequences of this clause in the Sun Life Financial insurance agreement in the Singaraja City area can be canceled and null and void if a Standard Clause is listed that is prohibited and contradicts Article 18 paragraph (1) of Law Number 8 of 1999.

INDIKATOR PELANGGARAN HAK CIPTA LAGU YANG DIGUNAKAN OLEH KONTEN KREATOR YOUTUBE DITINJAU BERDASARKAN UNDANG-UNDANG NOMOR 28 TAHUN 2014 TENTANG HAK CIPTA

Rahmat Dwi Pangestu, Dewa Gede Sudika Mangku, Ni Putu Rai Yuliartini — Mon, 02 Oct 2023 00:00:00 +0800

This study aims to determine: (1) law enforcement against perpetrators of criminals acts of babies disposal in the jurisdiction of the Buleleng Regency, (2) Efforts to overcome the occurrence of criminal acts of babies disposal in the jurisdiction of the Buleleng Regency. The location of this research was carried out in Buleleng Regency, namely at the Buleleng Resort Police, State Prosecutor Buleleng, and The Singaraja District Court Class 1B. This type of research is empirical legal research. The sampling technique used in this research is a non-probability sampling technique in a way that used in determining the research subject is the purposive technique sampling. For data processing analysis techniques, using the qualitative research result show that law enforcement against the perpetrators of the crime of illegal logging have gone well, which carried out with the investigation process, the investigator will continue with the arrest, prosecution and execution before a court with refers to Pasal 181 KUHP about Dead Conditions As for the efforts overcoming the occurrence of criminal acts of babies disposal in the jurisdiction of the Buleleng Regency is to instill moral and formally, providing counseling, and enforcing relevant regulations used to the fullest.

KAJIAN YURIDIS PUBLIKASI FILM DI INTERNET TANPA IZIN PEMEGANG HAK CIPTA DITINJAU DARI UNDANG - UNDANG HAK CIPTA NO 28 TAHUN 2014

Muhammad Kemal Fasya, Komang Febrinayanti Dantes, Muhamad Jodi Setianto — Mon, 02 Oct 2023 00:00:00 +0800

This research aims to (1) determine the legal consequences of uploading copyrighted film works without the creator's permission on the Internet (2) legal remedies that can be taken by copyright holders regarding copyright violations in films or cinematography published on the internet without the creator's permission. The type of research used is normative legal research, namely legal research carried out by examining library materials or secondary data. The sources of legal materials used are (1) Primary legal materials, namely legal materials consisting of statutory regulations. (2) Secondary legal materials, namely legal materials consisting of books, legal journals, opinions of scholars (doctrine), legal cases, jurisprudence, and the results of the latest symposia, which are related to research problems. (3) Tertiary legal materials, namely legal materials that provide instructions or explanations for primary legal materials and secondary legal materials. Management and analysis of legal materials where the data obtained is ordered data which is analyzed using qualitative analysis, namely after the data is collected it is then expressed in the form of a logical and systematic description, then analyzed to obtain clarity on problem solving. The results of this research show that there are still many cases of spreading film publications on the internet without permission, where the perpetrators publish films through various media on the internet, whether through film streaming websites or social media platforms such as YouTube, Facebook, Telegram, etc. This occurs due to a lack of awareness of respecting other people's creative works, where the perpetrators deliberately publish films without the creator's permission, apart from that, there is also a lack of understanding regarding the rules relating to film publication and the legal consequences arising from publishing films on the internet. without the creator's permission.

PERAN KANTOR PERTANAHAN DALAM PENCEGAHAN SENGKETA DAN KONFLIK PERTANAHAN DI KABUPATEN BULELENG

I Gusti Ketut Riski Suputra, Ketut Sudiatmaka, Muhamad Jodi Setianto — Mon, 02 Oct 2023 00:00:00 +0800

This research aims to find out and analyze the role of the Buleleng Regency Land Office in preventing land disputes and conflicts in Buleleng Regency, as well as knowing and analyzing the factors that cause the high number of land dispute cases in Buleleng Regency. In this research, the type of research used is empirical legal research using descriptive research characteristics. The data and data sources used are primary data and secondary data consisting of primary legal materials, secondary legal materials and tertiary legal materials. The data collection techniques used are document study techniques, observation techniques and interview techniques. The sampling technique used was a non-probability sampling technique and the subject determination used a purposive sampling technique. Next, the data obtained is processed and analyzed qualitatively. The research results show that the role of the Buleleng Regency Land Office in preventing land disputes and conflicts in Buleleng Regency is through several work programs/annual work plans that are routinely carried out as well as prevention strategies in the form of strengthening cooperation and coordination with Government Agencies, Ministries/Institutions, Universities, APH, and other related stakeholders as well as the general public. Optimizing electronic technology information systems for land disputes, conflicts and cases for planning, policy analysis, handling and preventing land cases, mapping potential cases based on case typology and carrying out scientific/academic and practical studies on the causes of cases/root problems as well as resolution strategies and prevention of new cases. Meanwhile, the factors causing the high number of land dispute cases in Buleleng Regency are the ineffective coordination and cooperation between Ministries/Institutions and related parties in the context of handling the resolution and prevention of land cases; there is no appropriate and effective prevention mechanism regarding land cases in order to reduce the increase in land cases in the Buleleng Regency area; as well as the limited authority of institutions that intersect with the authority of other agencies. Apart from that, several other factors in society can also influence the percentage of land cases occurring in Buleleng Regency.

IMPLEMENTASI UNDANG-UNDANG NOMOR 44 TAHUN 2008 TENTANG PORNOGRAFI DAN UNDANG-UNDANG NOMOR 19 TAHUN 2016 TENTANG INFORMASI DAN TRANSAKSI ELEKTRONIK DALAM PENANGGULANGAN TINDAK PIDANA PORNOGRAFI OLEH POLRES BULELENG

Gusti Ayu Christina Ira Yanti, Dewa Gede Sudika Mangku, I Wayan Kertih — Mon, 02 Oct 2023 00:00:00 +0800

This study aims to determine and analyze the factors that influence the occurrence of mayantara pornography crime and the efforts made by the Buleleng Regional Police in preventing and overcoming mayantara pornography crime in the Buleleng Regency area. This study used a type of empirical juridical research. Data collection techniques are carried out by means of document studies and interviews with Ps. Kaurmintu of the Criminal Investigation Unit of the Buleleng Police, where later the data obtained will be analyzed in a qualitative descriptive manner. From the results of the study, it was obtained that the factors that cause pornography crimes are internal factors and external factors. Internal factors include the individual himself and his family, while external factors include environmental influences, advances in information technology, laws governing pornography and law enforcement. In preventing and tackling pornography crimes, the Buleleng Regional Police made various efforts to overcome this pornography crime. The Buleleng Police conducted investigations and investigations into pornography crimes that occurred in the Buleleng Regency area, in these investigations and investigations the Buleleng Police collaborated with Internet Service Providers (ISPs) and carried out cyber media surveillance or cyber patrols.

KEDUDUKAN ANAK LAKI-LAKI DAN ANAK PEREMPUAN SUKU SASAK LOMBOK DALAM PEMBAGIAN HARTA WARIS (Studi Kasus Di Dusun Adat Sade Kabupaten Lombok Tengah)

Wahyu Aolia, Ketut Sudiatmaka, Dewa Bagus Sanjaya — Mon, 02 Oct 2023 00:00:00 +0800

This research aims to (1) find out how the position of boys and girls in the division of inheritance according to customary law in Sade Hamlet is related to the legal pluralism that exists in the Sasak tribe community. (2) To find out which laws apply in the distribution of inheritance according to customary law in Sade Hamlet. The type of research used is empirical legal research. The legal materials used come from legal, primary, secondary and tertiary materials. Data collection techniques use documentation study techniques, interviews and direct observation. The results and conclusions of the research show that the position of sons and daughters in the division of inheritance in the Sade traditional hamlet still adheres closely to and maintains the customary law that has been in force from the past until now in matters of distribution of inheritance according to the principle of the family system adhered to by children. Men as the successors of the lineage receive absolute inheritance of inheritance. The community in Sade Hamlet adheres to a patrilineal family system. This results in daughters not having the right to inherit property from their parents. The indigenous people in the Sade traditional hamlet are strictly subject to local customary regulations.

TINJAUAN YURIDIS TERHADAP PUTUSAN NOMOR 131/Pdt.G/2023/PN Sgr TERKAIT PERKARA PERCERAIAN BERDASARKAN UNDANG-UNDANG NO 16 TAHUN 2019 TENTANG PERKAWINAN

Dani Ilham, Ni Ketut Sari Adnyani, Muhamad Jodi Setianto — Mon, 02 Oct 2023 00:00:00 +0800

This research aims to (1) find out and analyze DECISION NUMBER 131/Pdt.G/2023/PN Sgr Regarding Divorce Cases in Buleleng Regency; and (2) Review and analyze the Judge's Considerations in Divorce Cases in Decision Number 131/Pdt.G/2023/PN Sgr. In this research, the type of research used is empirical legal research using descriptive research characteristics. The data and data sources used are primary data and secondary data consisting of primary legal materials, secondary legal materials and tertiary legal materials. The data collection techniques used are document study techniques, observation techniques and interview techniques. The sampling technique used was non-probability sampling technique and the subject determination used purposive sampling technique. Next, the data obtained is processed and analyzed qualitatively. The research results show that (1) Marriage breakdown is caused by divorce, where divorce can occur due to several factors, especially infidelity. (2) The judge's consideration in giving a divorce decision considering that the defendant was proven to have had an extramarital affair and violence against the plaintiff which caused disharmony in the household, the judge granted the plaintiff's lawsuit.

TINJAUAN YURIDIS MENGENAI KEABSAHAN PERJANJIAN DIBAWAH TANGAN DITINJAU DARI PASAL 1875 KITAB UNDANG-UNDANG HUKUM PERDATA (Studi Putusan Pengadilan Negeri Singaraja Nomor Perkara 462/Pdt.G/2015/PN.Sgr)

Ni Kadek Erlina Dinda Putri, Si Ngurah Ardhya, Muhamad Jodi Setianto — Mon, 02 Oct 2023 00:00:00 +0800

This research aims to determine 1) the legal validity of private agreements in cases of default in debt and receivable agreements and 2) the factors that cause default in cases 462/pdt.g/2015/pn.sgr. The type of research that will be used in this writing is normative juridical research. The data source obtained in this research is a secondary data source consisting of primary and secondary legal materials. The research results obtained are 1) the legal validity of private agreements in decision 462/Pdt.G/2015/PN. Sgr, that is, the private agreement is legally valid, where in this case it refers to Article 1875 of the Civil Code, a private writing which is recognized as true by the person who is confronted with it, where in this case the private agreement made is acknowledged by the Plaintiff with evidence in the form of photocopy of the agreement letter under hand made by both parties which has been sufficiently stamped and in accordance with the original and evidence of the facts of the trial from witnesses on behalf of Ketut Suweken and Ketut Sri Diarni who confirmed the agreement, as well as the defendant who did not deny or provide a rebuttal to the plaintiff's claim. proven by the defendant never appearing before the trial. 2) The judge's consideration in Decision 462/Pdt.G/2015/PN.Sgr is that it has explained the reasons for granting the plaintiff's lawsuit in part with verstek which was caused by the defendant's absence from court so that the defendant did not convey his objection to the lawsuit submitted by the plaintiff. As a result of this, it is stated that the defendant legally owes the plaintiff a debt and punishes the plaintiff to pay the debt to the plaintiff with debt compensation of 0.8 percent of the amount of money borrowed and if the defendant is negligent then the activity of selling the collateral will be carried out in public.

PERLINDUNGAN HUKUM DALAM JUAL BELI TANAH DI BAWAH TANGAN BERDASARKAN UNDANG-UNDANG NOMOR 5 TAHUN 1960 TENTANG PERATURAN DASAR POKOK-POKOK AGRARIA

K. Hendra Mahesa, Muhamad Jodi Setianto, Komang Febrinayanti Dantes — Mon, 02 Oct 2023 00:00:00 +0800

The purpose of this research is to recognize and assess the legal safeguards available to purchasers engaged in clandestine transactions of land rights. Additionally, it aims to scrutinize the legal ramifications that buyers face when participating in such under-the-table transactions under the framework of Law No. 5 of 1960 concerning Fundamental Agrarian Regulations. This study employs a normative juridical research approach, which seeks to establish legal truths based on normative aspects, primarily due to normative gaps. The research methodology is characterized as analytical-descriptive, designed to provide an overview of how regulations are implemented based on the currently applicable legal provisions. The process of collecting legal materials utilizes a legal materials inventory. The findings of this research indicate that legal protection for purchasers involved in clandestine land rights transactions persists in both a preventative and repressive manner. Preventative legal safeguards are grounded in the stipulations outlined in Article 1491 of the Civil Code, while repressive legal safeguards manifest as law enforcement measures encompassing a range of sanctions, including fines, compensatory measures, imprisonment, additional penalties, and other methods. The legal consequences stemming from these transactions include the inability of buyers to register the transfer of land rights or initiate the name-change process on certificates at the Local Land Office. Additionally, buyers lack substantial evidentiary support in the event of disputes or other legal issues arising regarding the land they have purchased. Furthermore, buyers are unable to independently secure certificates as collateral to obtain credit, as this process necessitates the involvement of the land seller in question.

PERLINDUNGAN KEPADA PEMEGANG HAK CIPTA SINEMATOGRAFI TERHADAP PEMBAJAKAN FILM MELALUI APLIKASI TELEGRAM BERDASARKAN UNDANG-UNDANG NOMOR 28 TAHUN 2014 TENTANG HAK CIPTA

Mon, 02 Oct 2023 00:00:00 +0800

This research was prepared with the aim of knowing, analyzing and studying (1) the characteristics of piracy of cinematographic works, (2) law enforcement carried out against perpetrators of piracy of cinematographic works through the telegram application based on Law Number 28 of 2014 concerning Copyright and Singapore Copyright Act 2021, as well as (3) legal protection given to copyright holders against piracy of cinematographic works based on Law Number 28 of 2014 concerning Copyright and the Singapore Copyright Act 2021. In order to answer the problem formulation in this research, a normative legal research method was used, namely Research which was carried out by examining library materials and secondary data regarding analysis from a legal perspective of Law Number 28 of 2014 concerning Copyright and the Singapore Copyright Act 2021. Through this research method, results were obtained (1) that the characteristic of piracy of cinematographic works is the act of copying recording results without permission, as well as distribution to generate personal economic gain. (2) the lack of effective enforcement of the Copyright Law in Indonesia means that piracy is still widespread in Indonesia, and (3) related to the legal protection provided in the form of preventive and repressive measures that have the same set of rules

IMPLEMENTASI PASAL 14 AYAT 3 PERATURAN GUBERNUR BALI NOMOR 1 TAHUN 2020 TENTANG TATA KELOLA MINUMAN FERMENTASI DAN/ATAU DETILASI KHAS BALI TERKAIT PEREDARAN ARAK BALI TANPA LABEL DI KABUPATEN BULELENG

Gede Nova Wwahyudi, Si Ngurah Ardhya, Muhamad Jodi Setianto — Mon, 02 Oct 2023 00:00:00 +0800

The purpose of this research is to find out and analyze related to 1) the implementation of Article 14 Paragraph 3 of the Bali Governor's Regulation Number 1 of 2020 concerning the Management of Balinese Fermented and/or Distilled Drinks related to the Distribution of Balinese Arak Without Labels in Buleleng Regency and 2) find out what the consequences are. law against business actors who do not include labels on their product packaging. The type of research used is empirical legal research with descriptive research characteristics. The location of this research was carried out in Buleleng Regency. The data collection techniques used were document study, observation and interviews. The sampling technique used was the Non Probability Sampling technique and the subject determination used the Purposive Sampling technique. Qualitative data processing and analysis techniques. The research results show that 1) The provisions of Article 14 Paragraph 3 of Bali Gubernatorial Regulation No. 1 of 2020 have not been implemented properly. This is reflected in the fact that there are still business actors who do not include labels in accordance with the applicable provisions on their product packaging. The ineffectiveness of these regulations lies in the less than optimal role of the government in terms of outreach to the community and the lack of public legal awareness regarding the existence of Bali Gubernatorial Regulation No. 1 of 2020. 2) Furthermore, the legal consequences for violations of labeling on product packaging can be in the form of administrative sanctions as regulated in Article 61 Republic of Indonesia Government Regulation Number 69 of 1999 concerning Food Labels and Advertisements as well as Article 62 and Article 63 of the UUPK. The administrative sanctions can take the form of confiscation of certain goods, announcement of a judge's decision, payment of compensation, order to stop certain activities that cause consumer losses, obligation to withdraw goods from circulation and revocation of business permits.

PERLINDUNGAN KONSUMEN DALAM UPAYA PENGAJUAN GANTI KERUGIAN ATAS PENIPUAN JUAL BELI PONSEL ILEGAL PADA TRANSAKSI ELEKTRONIK MELALUI E-COMMERCE

Ida Bagus Ariadi Rahadita, Si Ngurah Ardhya, Komang Febrinayanti Dantes — Mon, 02 Oct 2023 00:00:00 +0800

This research aims to find out, analyze and examine (1) the legal basis that can be used as a basis for consumer protection in the compensation process (2) legal remedies that consumers can take if compensation is refused. In order to answer the problem formulation in this research, a normative legal research method was used, namely research carried out by examining library materials and secondary data regarding analysis from a legal perspective of Law No. 8 of 1999 concerning Consumer Protection. In relation to the type of research used, namely normative legal research, the approaches used are the statutory approach and the case approach. The technique for collecting legal materials in this research was carried out through literature research techniques, which were carried out to obtain materials and information that were relevant to the case being discussed. (1) that in electronic transactions business actors are obliged to provide correct information regarding goods being bought and sold so that there is no loss to both parties (2) that there is no responsibility by business actors for losses suffered by consumers in accordance with the provisions of Article 27 letter a of the Law -Law No. 8 of 1999 concerning Consumer Protection which is used as the basis for refusing responsibility by business actors.

PERLINDUNGAN HUKUM TERHADAP PENANGKAPAN NELAYAN TRADISIONAL INDONESIA DARI NUSA TENGGARA TIMUR DI PULAU PASIR BERDASRKAN PERSPEKTIF HUKUM INTERNASIONAL

Ketut Awet Putra Karyawan, Dewa Gede Sudika Mangku, Ni Putu Rai Yuliartini — Mon, 02 Oct 2023 00:00:00 +0800

This study aims to understand and analyze the mechanisms and regulations of international law that apply in providing protection and settlement as well as legal constraints faced against the case of catching traditional Indonesian fishermen, East Nusa Tenggara in Pualu Pasir which is Australian sovereignty. The research method used is normative legal research using 3 approaches, namely the approach to legislation, history, and cases that are processed with descriptive techniques that produce legal arguments. The results showed that legal protection against the fishing of traditional fishermen is regulated in three bilateral agreements between the governments of Indonesia and Australia: MoU BOX 1974, MoU BOX 1981, and Agreed Minute 1989. The purpose of this agreement is to ensure the rights of Indonesia's traditional fisheries. In the realm of international law, Article 51 paragraph (1982) of the Convention on the Law of the Sea (UNCLOS 1982) also clearly outlines the rights of traditional fishermen related to fisheries, but there is still a need for amendments to the bilateral agreement, as well as the main obstacles related to views on traditional fishers including differences in territorial boundaries, fishing gear used, and the economic sustainability of fishermen. The solution involves strengthening national regulations, legal recognition of traditional fishermen's rights, boundary agreements, and protection of marine resources in the area. However, differences in views, efforts to maintain traditions, pressure on resources, and economic challenges remain obstacles in addressing abuses committed by traditional fishermen in the Sand Island region.

PERLINDUNGAN HUKUM BAGI ANAK YANG MENJADI PERANTARA DALAM JUAL BELI NARKOTIKA

Ayu Nadya Gayatri, Made Sugi Hartono, Ni Ketut Sari Adnyani — Mon, 02 Oct 2023 00:00:00 +0800

This research aims to (1) determine the form of legal protection for children who become intermediaries in buying and selling narcotics, and (2) to find out the appropriate sanctions imposed on children who become intermediaries in buying and selling narcotics. The type of research used in this research is a type of normative legal research which aims to examine the application of law regarding children involved in narcotics crimes. This research uses a statutory approach (statue approach), conceptual approach (conceptual approach) and case approach (case approach). This research is supported by statutory regulations, namely Law No. 35 of 2014 concerning Child Protection and Law No. 11 of 2021 concerning the Juvenile Justice System, then from journals, articles, scientific literature that are relevant to the main problem in this research. The results of this research show that (1) there is an appropriate form of legal protection for children who act as intermediaries in cases of buying and selling narcotics, and (2) appropriate sanctions are imposed on children who act as intermediaries in cases of buying and selling narcotic

PERLINDUNGAN KONSUMEN TERHADAP PENGGUNA PINJAMAN ONLINE ILEGAL DI KOTA DENPASAR

Oktha Wardi Purba, Si Ngurah Ardhya, Komang Febrinayanti Dantes — Mon, 02 Oct 2023 00:00:00 +0800

This research aims to (1) analyze legal protection for online loan consumers in terms of inappropriate information in advertisements regarding loan interest; and (2) knowing and analyzing the role and function of the OJK in providing consumer protection for illegal online loans in Denpasar City. The type of research in writing this thesis is empirical juridical which is analyzed qualitatively. The data used in this research are primary data and secondary data. Primary data is obtained from the first source, secondary data from primary, secondary and tertiary legal materials. Data collection techniques use interview techniques and document study. Meanwhile, the sampling technique in this research is non-probability sampling, which is purposive sampling. Based on the research results, it was found that (1) consumer protection regarding illegal online loans is carried out preventively and repressively through Law Number 21 of 2011 and business actors are required to pay attention to and implement the provisions of OJK regulation no. 77/POJK.07/2016; (2) The OJK's role in protecting consumers of illegal online loans in Denpasar City is carried out by providing education and literacy to the community, collaborating with the ministry and the Central OJK by forming the SWI SATGAS, updating official fintech lending data, and facilitating the public to send complaints via the website OJK APPK.

UPAYA KEPOLISIAN DALAM PENEGAKAN HUKUM TERHADAP PELAKU TINDAK PIDANA JUDI ONLINE (STUDI KASUS DI POLRES BULELENG)

Kadek Setiawan, I Wayan Landrawan, Ketut Sudiatmaka — Mon, 02 Oct 2023 00:00:00 +0800

The crime of online gambling is an act that violates the law which is included in a crime and has become a habit for the community, including the City of Buleleng. Online gambling is a form of abuse of online media facilities where betting is used by transferring cash through banks, like gambling in general. If allowed to continue without serious handling from police law enforcement, people who carry out online gambling will become addicted and will have a negative impact on themselves and others. This study aims to analyze 1) the efforts made by the police to enforce the law against online gambling criminals in the Buleleng district. 2) Obstacles that hinder law enforcement efforts against perpetrators of online gambling crimes in the Buleleng district. This research uses an empirical juridical approach, the research is descriptive, the type of data is primary data and secondary data. Data collection techniques are observation, interviews and document studies. The sampling technique of non-probability sampling is in the form of purposive sampling and data analysis, namely qualitative analysis. The results of the study show that the efforts of the police in tackling online gambling crimes in the Buleleng City Police area are efforts made by the police in enforcing the law against online gambling crimes, penal efforts. The obstacles experienced by the Buleleng resort police in enforcing the law, are the difficulty of obtaining the suspect's address, the high mastery of the perpetrators in operating information technology.

UPAYA KEPOLISIAN DALAM MELAKUKAN PENEGAKAN HUKUM TERHADAP PELAKU TINDAK PIDANA KEKERASAN SEKSUAL PADA ANAK (PEDOFILIA) (STUDI KASUS DI POLRES BULELENG

Putu Hadi Hendra Tanu Sudibya, Made Sugi Hartono, I Wayan Landrawan — Mon, 02 Oct 2023 00:00:00 +0800

This research aims to (1) To find out and analyze the process of law enforcement at the police level regarding criminal acts of sexual violence against children in the jurisdiction of the Buleleng Police Station (2) To find out and analyze how the police make efforts to deal with the perpetrators of criminal acts of sexual violence against children. in the jurisdiction of the Buleleng police station. In this research, the type of research used is empirical legal research using descriptive research characteristics. The data and data sources used are primary data and secondary data consisting of primary legal materials, secondary legal materials and tertiary legal materials. The data collection techniques used are document study techniques, observation techniques and interview techniques. The sampling technique used was a non- probability sampling technique and the subject determination used a purposive sampling technique. Next, the data obtained is processed and analyzed qualitatively. The results of this research show (1) The law enforcement process in dealing with this is the Women and Children Services Unit, the Criminal Investigation Unit of the Buleleng Regency Police, in an effort to resolve criminal acts of sexual violence against children through In its implementation the police provide a place for mediation, communication and discussion. between the Reporter or Victim and the Reported Party, officers only take action in the form of listening to the wishes of the reporter and the reported party, carrying out the legal process even if there is peace. (2) Efforts to overcome criminal acts of sexual violence against children in Buleleng Regency carried out by the Buleleng Police, namely repressive (penal) efforts carried out by the Buleleng Police, namely by carrying out inquiries or investigations in accordance with applicable legal provisions, carrying out all kinds of actions according to procedures. not handling cases selectively, and handling cases of public attention professionally and proportionally.

PERLINDUNGAN HUKUM BAGI KONSUMEN TERHADAP PEREDARAN KOSMETIK YANG BERBAHAYA (Studi Kasus Badan Pengawas Obat dan Makanan di Buleleng)

Lucky Rahul Ferdian, Komang Febrinayanti Dantes, Si Ngurah Ardhya — Mon, 02 Oct 2023 00:00:00 +0800

This study aims to examine and analyze consumer legal protection against the circulation of cosmetics that harm consumers as well as examine and analyze the role and responsibilities of BPOM in order to provide consumer protection for the distribution of cosmetics in Buleleng district. The type of research used is Empirical Legal Research. Data and data sources used are primary data and secondary data. Data collection techniques used are library research, interviews, and field studies. The sampling technique used was purposive sampling. Furthermore, the data obtained was processed and analyzed qualitatively. The results of the study show that preventive and law enforcement measures are taken to protect consumers from dangerous cosmetic products circulating without a distribution permit. These efforts include communication, education, inspection, prosecution, and cooperation with various related parties. In dealing with business actors who sell dangerous products, BPOM takes actions ranging from warnings to more stringent actions such as coaching and courts.

IMPLEMENTASI ATURAN WALIKOTA DENPASAR NO. 11 TAHUN 2005 TERKAIT PENGELOLAAN RETRIBUSI PARKIR DI TEPI JALAN UMUM DALAM MENINGKATKA PENDAPATAN ASLIDAERAH PADA PASAR MALAM TERMINAL KRENENG DENPASAR

Ida Bagus Indra Bhaskara, Ni Ketut Sari Adnyani, Dewa Bagus Sanjaya — Mon, 02 Oct 2023 00:00:00 +0800

The purpose of this study is to determine the management of parking levies by Transportation Departement in increasing local revenue (PAD) of Denpasar City at Kreneng Market and to find out the obstacles faced by Transportation Departement in managing parking levies at Kreneng Market in Denpasar due to the implementation of Denpasar Mayor Regulation No 11 of 2005. This study used empirical legal research with a descriptive research nature. This study is conducted at Kreneng market in Denpasar. Descriptive qualitative is used as a data processing and analysis technique in this research. The result of the study revealed that the management of parking leavis by Transportation Departement is quite effective, where the target number of parking levies on the of public roads in Denpasar is based on the large number in Denpasar. It is calculated from the number of vehicle capacities at each parking points and the number of vehicles that comes and go at the parking lot. The target setting for roadside parking levies has alsoe been distributes in each parking point. Meawhile, there are some obstacles face by Transportation Departement in managing parking levies at Kreneng Market in Denpasar that caused the effectiveness decreased such as user ignorance, revenue leakage, lack of society awareness, resusrance from certain parties, and the limitation of infrastructure and technology.

IMPLEMENTASI PASAL 41 UNDANG-UNDANG PERKAWINAN TENTANG PEMENUHAN HAK-HAK ANAK PASCA PERCERAIAN BERDASARKAN PERSPEKTIF HUKUM ISLAM (STUDI KASUS PENGADILAN AGAMA SINGARAJA)

Deni Rosadi, Ketut Sudiatmaka, Muhamad Jodi Setianto — Mon, 02 Oct 2023 00:00:00 +0800

This research aims to find out and analyze the implementation of Article 41 of the Marriage Law concerning the Fulfillment of Children's Rights After Divorce Based on an Islamic Law Perspective in Buleleng Regency. The type of research used in this research is empirical juridical. This research is descriptive qualitative in nature. The location of this research is the Singaraja Religious Court. The type of research used is empirical legal research and this research is descriptive. The data collection techniques used are observation techniques, interview techniques and document study techniques. The research sampling technique used was purposive sumpling. The results of the research show that the factors causing divorce are child marriage factors which are caused by economic factors and communication and mental health. Fulfillment of children's rights as a result of parental divorce in the jurisdiction of the Singaraja Religious Court has not yet gone completely well. This is because most ex-husbands, after officially divorcing, no longer carry out their obligations as fathers who have the responsibility to provide support for their children. Apart from that, most married couples in the jurisdiction of the Singaraja Religious Court divorce because there are economic problems in their families. In giving a decision regarding the provision of children's rights after divorce, the Singaraja Religious Court Judge was in accordance with Article 41 of the Marriage Law concerning the Fulfillment of Post-Divorce Rights.