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All Journal Budapest International Research and Critics Institute-Journal (BIRCI-Journal): Humanities and Social Sciences Jurnal Konstruksi Hukum Jurnal Interpretasi Hukum Jurnal Preferensi Hukum (JPH)

Ni Made Sukaryati Karma

Unknown Affiliation

Author-ID : 2324808

Religion Arts Humanities Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice Social Sciences

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Tindak Pidana Aborsi Akibat Perkosaan Ni Putu Ratih Puspitasari; I Made Sepud; Ni Made Sukaryati Karma
Jurnal Preferensi Hukum Vol. 2 No. 1 (2021): Jurnal Preferensi Hukum
Publisher : Warmadewa Press

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.

Pemidanaan bagi Pelaku Tindak Pidana Perkosaan terhadap Penyandang Disabilitas A.A. Kompiang Dhipa Aditya; I Nyoman Gede Sugiartha; Ni Made Sukaryati Karma
Jurnal Konstruksi Hukum Vol. 1 No. 1 (2020): Jurnal Konstruksi Hukum
Publisher : Warmadewa Press

Persons with disabilities refer to people who have physical, intellectual, mental, or sensory deficiencies so that in living their lives they find hindrances, as an opposite to normal people. Oftentimes the persons with disabilities receive poor treatment in society, be it discriminatory treatment or criminal acts, one of which is rape. Unfortunately, criminal sanctions for perpetrators of rape against persons with disabilities in Indonesia have not been explicitly regulated. Grounded with this phenomenon, this study examines the legal protection for persons with disabilities as victims of the criminal act of rape and sanctions for the perpetrators of the said criminal acts. To achieve these goals, this study was conducted using a normative legal research method with a conceptual approach and a case approach. Legal protection for persons with disabilities is contained in Article 3 and Article 5 Paragraph (2) of Law Number 8 of 2016 which regulates the rights and legal protection for persons with disabilities as victims of criminal acts. Protection for the rape victims takes the form of restitution and rehabilitation assistance. Sanctions for the perpetrators of the criminal act of rape against persons with disabilities have not been regulated strictly. In the Criminal Code, the criminal acts of rape are regulated in general sphere that is in Articles 285, 286, 287, 288. Thus, the legal protection for persons with disabilities aims to safeguard and maintain the persons with disabilities from the criminal acts of rape. In the Cassation Decision Number 736K/PID/2013 PN Cn, the sanction for perpetrators of rape against persons with disabilities is the imposition of sanctions in the provisions of Article 285 of the Criminal Code.

Sanksi Pidana Kebiri Kimia terhadap Pelaku Tindak Pidana Kekerasan Seksual Anak I Komang Widnyana; Anak Agung Sagung Laksmi Dewi; Ni Made Sukaryati Karma
Jurnal Konstruksi Hukum Vol. 1 No. 1 (2020): Jurnal Konstruksi Hukum
Publisher : Warmadewa Press

The number of child sexual violence rates increased in 2016. Encourage the government to form Law of the Republic of Indonesia Number 17 of 2016 concerning Stipulation of PERPU Number 1 of 2016 concerning the Second Amendment to Law Number 23 of 2002 concerning Child Protection into Law. The law contains sanctions against perpetrators of child sexual violence in the form of chemical castration. The purpose of this study was to determine the regulation of chemical castration sanctions against perpetrators of child sexual violence. The method used is the normative method. The regulation for the imposition of criminal sanctions on chemical castration is regulated by Law No. 17 of 2016. The punishment system for chemical castration is a double track system of sanctions. Chemical castration sanctions are sanctions for the act of giving chemical substances to perpetrators of child sexual violence. The prosecutor will carry out the castration sanction as executor of the court's decision and may ask for help from non-doctor medical personnel. The government must immediately pass technical guidelines for the implementation of chemical castration measures. And there is a need for competency education to implement chemical castration.

Kedudukan dan Perlindungan Saksi Mahkota dalam Tindak Pidana Pencurian dengan Kekerasan (Studi Kasus Pengadilan Negeri Denpasar) Ni Made Elly Pradnya Suari; I Made Minggu Widyantara; Ni Made Sukaryati Karma
Jurnal Interpretasi Hukum Vol. 1 No. 1 (2020): Jurnal Interpretasi Hukum
Publisher : Warmadewa Press

The presence of witnesses in the evidence is the keyword in disclosing the facts of criminal cases. The crown witness is often present at court. However, there are many differences of opinion in the Jurisprudence regarding the use of crown witnesses in court because there is no legal regulation that explicitly regulates the use of crown witnesses in criminal justice. Based on these problems, this study described how the protection of the rights of defendants as crown witnesses in criminal acts of theft with violence and how the position of crown witnesses in criminal acts of theft with violence. This research was designed using a normative legal research method and a conceptual approach. In the Criminal Procedure Code, there is no prohibition for a defendant to provide information for other defendants as far as using a splitsing system so that defendants who are crown witnesses still receive legal protection. The decision of the Supreme Court Number 1942 K / PID / 2012 which in its verification process used a crown witness. In this case, the public prosecutor presented the crown witness due to the lack of evidence especially witness testimony evidence. The role of the crown witness is very important to uncover criminal events because the defendant knows, sees, and commits criminal theft with violence. The result of this study showed that the protection of the rights of the defendant as a crown witness is equated with the rights of the defendant in general, which is regulated in Article 50 to Article 68 of the Criminal Procedure Code and witness rights set out in Article 5 of Law Number 31 of 2014. The position of the crown witness is justified in proof-based on the Circular Attorney General's Office of the Republic of Indonesia Number B-69 / E / 02/1997 of 1997 concerning Proof Law in Criminal Cases.

Penyelesaian Kredit Macet dengan Benda Jaminan Fidusia yang Dipalsukan (Studi Kasus: PT. BPR. Ulatidana Rahayu) Ni Made Sintia Tarisa; I Nyoman Putu Budiartha; Ni Made Sukaryati Karma
Jurnal Interpretasi Hukum Vol. 1 No. 1 (2020): Jurnal Interpretasi Hukum
Publisher : Warmadewa Press

An agreement is a legal action carried out by two or more people who have legal consequences for the rights and obligations of the makers. The agreement involves at least 2 or more people. In addition to individuals, the parties to the agreement may also consist of legal entities. Limited Liability Company (PT) is a legal entity that is one of the parties or both of them in the agreement. Both are legal subjects who can carry out legal actions and carry out their rights and obligations. Referring to the above problems, this study was conducted with the aim of describing how the legal protection of bank creditors in granting credit with fiduciary collateral objects falsified and how the legal consequences if the debtor commits the fraud of the BPKB (certificate of ownership of motor vehicles) credit guarantee. This research was designed using an empirical research approach. The results of this study indicated that the legal protection of bank creditors in falsifying collateral loans with fiduciary collateral objects is regulated in articles 1131 and 1132 of the Civil Code. Other legal protection given to creditors is preventive legal protection which is legal protection to prevent disputes and in this case concerning the rights and obligations of creditors. Another result of this research is the debtor who falsified the collateral object or the BPKB of the vehicle that was used for credit guarantees was used in article 263 of the Criminal Code with the threat of a maximum prison sentence of six years. So, legal protection and sanctions to creditors and debtors, if a problem occurs is regulated in statutory regulation.

Pertanggungjawaban Pemilik Gedung Mall atas Kerusakan Gedung Hingga Pengunjung Mall Meninggal Dunia Eka Andrean Ramadhan; Anak Agung Sagung Laksmi Dewi; Ni Made Sukaryati Karma
Jurnal Interpretasi Hukum Vol. 3 No. 2 (2022): Jurnal Interpretasi Hukum
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/juinhum.3.2.5057.231-236

This study aims to analyze and describe the regulations for criminal liability of mall building owners for building damage that causes mall visitors to die and criminal sanctions that ensnare mall building owners. The research method used is normative legal research, this writing study is based on legal materials and literature, which are the stages in obtaining legal rules or norms. The analysis of legal materials is a descriptive-analytical analysis. The results of the study indicate that the responsibility of building owners has been listed in the civil law code where the owner must be responsible if the building collapses causing people to become victims, so they must carry out maintenance and maintenance of the building so that there is no damage that causes the collapse of the mall building.

Tinjauan Yuridis terhadap Penegakan Tindak Pidana Terorisme Ditinjau dari “Asas Presumtion of Innocence” dan “Presumtion of Guilt” I Made Yogi Astawa; I Made Minggu Widyantara; Ni Made Sukaryati Karma
Jurnal Preferensi Hukum Vol. 1 No. 1 (2020): Jurnal Preferensi Hukum
Publisher : Warmadewa Press

Terrorism is an act that uses violence or threat of violence. Thus, law enforcement against criminal acts of terrorism is carried out with the Indonesian Criminal Justice System, with the operation of criminal justice systems ranging from the level of investigation, prosecution, justice to Prisoners in Penitentiary institutions into a single unit of the criminal justice system that enforces legal rules related to criminal acts of terrorism based on the principles of "Presumtion of Innocence" and "Presumtion of Guilt". This study aims to determine the prevention of criminal acts of terrorism in terms of the principle of the Presumtion of Guilt and efforts to enforce criminal acts of terrorism in the perspective of the principle of the Presumtion of Innocence. This type of research is Normative research type. In this paper it can be concluded that the enforcement of criminal acts of terrorism can be done through preventive measures by preventing the first occurrence of criminal acts of terrorism and repressive efforts by carrying out law enforcement efforts against suspects or defendants of criminal acts of terrorism. The enforcement of criminal acts of terrorism based on the principle of the Presumtion of Innocence has been aligned and implemented with the criminal justice system and preceded by the existence of two pieces of initial evidence so that no procedural defects occur and result in human rights violations.

Penegakan Hukum terhadap Narapidana yang Melakukan Transaksi Narkotika di dalam Lembaga Pemasyarakatan I Made Dwi Payana; Ida Ayu Putu Widiati; Ni Made Sukaryati Karma
Jurnal Preferensi Hukum Vol. 1 No. 1 (2020): Jurnal Preferensi Hukum
Publisher : Warmadewa Press

Narcotics transaction or narcotics distribution, especially in correctional institutions has been very widespread; this is the impact of the loss of control of the existing system. This condition has an impact on the formation of a negative view of the community on the implementation of law enforcement, especially in the prison environment. So the problem under study is how to regulate sanctions related to narcotics transactions that occur within prison and how enforcement against inmates conducting drug transactions in prison law. By using the empirical normative legal research method (mix method) whit primary data sourced from Class II Penitentiary Kerobokan. The results of the study showed that the regulation of sanctions for prisoners who carry out narcotics transactions in prisons, namely the threat of capital punishment, life imprisonment, maximum imprisonment of 20 years and a minimum of 5 years. Whereas law enforcement in correctional institutions, namely severe disciplinary penalties, entered into a register, handed down register F, all prisoners’ rights will be lost, and passed on to the competent authority. The government in this case is the Ministry of Law and Human Rights should always collaborate with the National Narcotics Agency by visiting prisons regularly or allegedly as a place for narcotics transactions or distribution. Then with regard to legislation products that are already in force it should be noted again.

Sanksi Pidana bagi Pelaku Perbuatan Cabul terhadap Anak Dibawah Umur (Studi Kasus Putusan Nomor 29/Pid. Sus- Anak/2018/PN Dps) I Putu Arta Setiawan; I Wayan Rideng; Ni Made Sukaryati Karma
Jurnal Preferensi Hukum Vol. 1 No. 1 (2020): Jurnal Preferensi Hukum
Publisher : Warmadewa Press

Cases of molestation against children are rife today. This is a problem that becomes the duty of law enforcement officers and the community to fight. Abuse of children is carried out by offenders to fulfill thier lust and also because of sexual abnormalities. Related to this problem, law enforcement agencies in particular and the community must play an active role in making efforts to overcome these problems. Imposition of sanctions is a repressive effort that can be done to provide a deterrent effect for the perpetrators. Based on this problem, this study was conducted to describe how the legal protection of child victims of sexual abuse and how sanctions for perpetrators of sexual abuse of children. This study used a normative method, and research data are sourced from the opinions of legal scholars and the Law. The results of this study indicate that the government and the community are required to provide special protection such as rehabilitation efforts and keep victims from surrounding labeling or suffering from their identity as victims of sexual abuse or violence, as Article 64 Paragraph (1) and (3) of Law Number 23 Year 2002 JO Law Number 35 of 2014 concerning Child Protection regulates it. Based on Decision Number 29 / Pid. Sus-Anak / 2018 / PN Dps determined that the defendant BASID fulfilled the elements of the formulation in Article 82 paragraph (1) Jo Article 76 E of the Child Protection Act No. 35 of 2014 concerning amendments to the Law of the Republic of Indonesia Number 23 of 2002 concerning child protection and was sentenced to 13 (thirteen) years in prison along with job training at Mercy Indonesia Foundation Jalan Intan LC II Gang IV No.1 Gatot Subroto Denpasar for 6 (six) months as in a single indictment of the Public Prosecutor

Perlindungan Hukum terhadap Warga Negara Asing Korban Tindak Pidana Penipuan dan Penggelapan Sewa Menyewa Tanah I Wayan Ari Subakti; Anak Agung Sagung Laksmi Dewi; Ni Made Sukaryati Karma
Jurnal Preferensi Hukum Vol. 1 No. 1 (2020): Jurnal Preferensi Hukum
Publisher : Warmadewa Press

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

Co-Authors A.A. Kompiang Dhipa Aditya Anak Agung Sagung Laksmi Dewi Eka Andrean Ramadhan I Komang Widnyana I Made Ary Supartawan I Made Dwi Payana I Made Minggu Widyantara I Made Sepud I Made Yogi Astawa I Nyoman Gede Sugiartha I Nyoman Putu Budiartha I Nyoman Sujana I Putu Arta Setiawan I Wayan Ari Subakti I Wayan Rideng Ida Bagus Agung Pariama Manuaba Ida Bagus Diwangkara lda Ayu Mirah Widnyani Ni Made Elly Pradnya Suari Ni Made Puspasutari Ujianti Ni Made Sintia Tarisa Ni Putu Ratih Puspitasari Ratih Cahya Pramitasari Widiati, Ida Ayu Putu

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