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All Journal Jurnal Konstruksi Hukum Jurnal Preferensi Hukum (JPH) Law Doctoral Community Service Journal

Ni Made Sukaryati Karma

Universitas Warmadewa

Author-ID : 3409905

Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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Perlindungan Hukum Terhadap Korban Tindak Pidana Penghinaan Citra Tubuh (Body Shaming) Ni Made Yeni Sukmawati; Anak Agung Sagung Laksmi Dewi; Ni Made Sukaryati Karma
Jurnal Konstruksi Hukum Vol. 2 No. 3 (2021): Jurnal Konstruksi Hukum
Publisher : Warmadewa Press

Body Shaming is a term that is currently trending, where criticizing or commenting on someone's physical in a negative way or with speech that intends to mock or insult someone's physical or appearance falls into this category. Legal protection for victims of body shaming needs to get very serious attention in order to deal with the phenomena that are currently happening on social media in particular. This study examines the regulation of the criminal act of insulting body image (body shaming) in terms of positive law and explains the legal protection provided to victims in the crime of insulting body image (body shaming). This study uses a normative research method by applying the legislation approach which refers to primary legal materials and secondary legal materials. The regulation of criminal acts of insulting body image (body shaming) in terms of positive law in general can be seen from the element of humiliation which is regulated in Chapter XVI of the Criminal Code and is grouped into 6 parts, namely from article 310 to article 318 and besides that, there are also other legal rules that regulate it implicitly in Article 27 paragraph (3). Article 45 paragraph (3) of the ITE Law. With sanctions in the form of criminal sanctions. The form of legal protection given to victims in the crime of body shaming is the making of policies by the State regarding prohibitions and strict sanctions for violators such as criminal sanctions and fines, through the established witness and victim protection institution

Tinjauan Yuridis Terhadap Pelaku Tindak Pidana Pembunuhan Bayi (Studi Kasus Putusan Nomor 1123/Pid.Sus/2018/Pn Dps) I Wayan Rideng; Desak Ketut Parwati; Ni Made Sukaryati Karma
Jurnal Konstruksi Hukum Vol. 2 No. 3 (2021): Jurnal Konstruksi Hukum
Publisher : Warmadewa Press

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

Tinjauan Yuridis Pengajuan Permohonan Peninjauan Kembali pada Perkara Pidana dalam Sistem Hukum Indonesia I Made Widi Adi Peremana; A. A. Sagung Laksmi Dewi; Ni Made Sukaryati Karma
Jurnal Preferensi Hukum Vol. 1 No. 2 (2020): Jurnal Preferensi Hukum
Publisher : Warmadewa Press

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.

Peran Lembaga Pusat Pelaporan dan Analisis dalam Penaggulangan Tindak Pidana Money Laundring I Wayan Panca Eka Darma; I Made Minggu Widyantara; Ni Made Sukaryati Karma
Jurnal Preferensi Hukum Vol. 1 No. 2 (2020): Jurnal Preferensi Hukum
Publisher : Warmadewa Press

The duties, authorities, functions and criminal acts of money laundering in Indonesia are regulated in Law No. 8 of 2010 concerning the Prevention and Eradication of Criminal Acts of Money laundering. This study examines two issues: the role of the PPATK agency in combating money laundering after the enactment of Law No. 8 of 2010 concerning the Prevention and Eradication of Money laundering and criminal sanctions against perpetrators of criminal acts of money laundering in Indonesia. This research uses normative legal method, a process of finding legal rules, legal principles, and legal doctrines in order to answer the legal issues under study from the perspective of statutory regulations. PPATK is an independent agency that has 3 main roles in the prevention and eradication of money laundering, namely: receiving reports on suspicious financial transactions, analysing the reports received from reporting parties, and forwarding the results of report analysis to the authorised party. Article 2 paragraph 1 jo Article 18 of Law Number 31 of 1999 concerning Criminal Acts of Corruption as amended into Law Number 31 of 2001 concerning the Amendment to Law Number 31 of 1999 jo Article 55 paragraph 1 of the Criminal Code. Subsidiarily Article 3 jo Article 18 Law Number 31 of 1999 concerning Eradication of Corruption Crime as amended to Law Number 20 of 2001 concerning the Amendment to Law Number 31 of 1999 jo Article 55 paragraph 1 of the Criminal Code. Secondly, Article 3 paragraph (1) letter g of Law Number 25 of 2003 concerning the Amendment to Law Number 15 of 2002 concerning the Criminal Acts of Money laundering jo Article 55 paragraph (1) of the Criminal Code.

Peran Pendamping (Paralegal) dalam Memberikan Perlindungan Hukum Bagi Perempuan Korban Kekerasan dalam Rumah Tangga Cokorda lstri Dharmasatyari; I Nyoman Gede Sugiartha; Ni Made Sukaryati Karma
Jurnal Preferensi Hukum Vol. 2 No. 2 (2021): Jurnal Preferensi Hukum
Publisher : Warmadewa Press

This study aims to analyze the role of paralegals in The Indonesian Women's Alliance for Justice Legal Aid Institute and reveal the obstacles faced in solving problems in the sphere of women and also clearly study the role of mentoring for women who are victims of domestic violence. This study used empirical legal research with a statutory legal approach. Sources of data were primary and secondary legal materials obtained through interviews and assisted by literature studies from various literature. The results showed that the role of the paralegal was very important starting from the victim submitted a complaint and reported her complaint to LBH APIK, the paralegal gave considerations regarding the legal process that would be passed until the trial was carried out, and the legal process was completed. This assistance was intended to provide and increase feelings of security, comfort, and peace mentally and physically when the victim has this problem, and so that the victim did not get confused as well when the legal process took place. The obstacle to the lack of members made the existence of paralegals in each region ineffective.

Pertanggungjawaban Pidana terhadap Pelaku Penghinaan Partai Politik I Komang Giri Maharta; I Gusti Bagu Suryawan; Ni Made Sukaryati Karma
Jurnal Preferensi Hukum Vol. 2 No. 2 (2021): Jurnal Preferensi Hukum
Publisher : Warmadewa Press

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Insult to political parties in Indonesia can cause serious problems if not dealt with legally. self-interest and bad political practice will provoke humiliation for party political opponents. Every political party must be a legal entity so that it is not easy to overthrow one of the political parties. This study examines the punishment arrangements for insulting political parties and analyzes the criminal responsibility associated with insulting political parties. This study was designed using normative research with an approach to statutory problems related to insulting acts against political parties. Sources of legal materials were primary and secondary data obtained through recording and documentation techniques. The results showed that the regulation of humiliation of political parties is made in order to achieve a sense of security and can protect those who are the object of humiliation. Insult can be said to be a criminal act because it violates the law that can be done intentionally or unintentionally. There must be accountability for these acts based on applicable law and declared as an act that is punishable by imprisonment or a fine as stipulated in Article of the Criminal Code. 207.

Perlindungan Hukum Terhadap Pengguna Jasa Telekomunikasi dalam Pelanggaran Data Pribadi Melalui sms Broadcast Aziz Muhaimin; Ni Made Jaya Senastri; Ni Made Sukaryati Karma
Jurnal Preferensi Hukum Vol. 2 No. 2 (2021): Jurnal Preferensi Hukum
Publisher : Warmadewa Press

11 the progress of the modern era today where the development of internet technology,SMS and social media becomethe main thing in every need of society in socializing and conductingpromotionsat an affordablecost andfast in reaching consumers,so that indirectlythe exchange ofpersonaldata informationthat is not known by service users who are often misused by irresponsiblepeople. Which in practiceis to use SMSBroadcast which is one method of sending messagesto many numbers from one source with the same message with one number to another consumer number. From the statement, there are 2 problems, namely How to set the law of telecommunicationservice users in the field of advertising and How to protectthe lawfor consumers with the existence ofpersonaldata breaches through SMS Broadcast.The method to be used is a method of normative legal research. The conclusion outlines that Article I of the Consumer Protection Law Serves as the legal basis for the protection of telecommunication service users, while in Article 26 of the /TE Law is used as the legal basis for the use of personal data, which in this case is SMS Broadcast

Pelaksanaan Pemberian Pembebasan Bersyarat (Pb) pada Warga Binaan di Rumah Tahanan Negara Kelas II b Gianyar pada Masa Pandemi Covid 19 I Made Irvan Ariansyah Putra; Anak Agung Sagung Laksmi Dewi; Ni Made Sukaryati Karma
Jurnal Preferensi Hukum Vol. 2 No. 2 (2021): Jurnal Preferensi Hukum
Publisher : Warmadewa Press

Indonesia is a country of law, therefore the imposition of sanctions in the form of detention is a way to provide a deterrent effect on the actions committed, namely by providing guidance, granting the right to parole is a form of guidance aimed at enabling prisoners to interact healthily with the community. The purpose of this research is to analyze the legal arrangements regarding the system of guiding prisoners through efforts to grant parole rights at the Gianyar Class II B State Prison and the obstacles in the implementation of the provision of parole in the Gianyar Class II B State Prison during the Covid-19Pandemic. The method used is empirical with legal data sources in the form of secondary and primary with data collection techniques, namely through interviews, after the data is systematically compiled and linked from one data to another then will be explained clearly and in detail. The result of the research reveals that the Regulation of the Minister of Law and Human Rights Number 3 of 2018 concerning the terms and procedures for granting parole which is used as a legal basis, but in its implementation there are several obstacles including prisoners who violate disciplinary rules and the public is worried about being exposed to Covid-19from prisoners.

Intervensi dalam Pemeriksaan Sengketa Tata Usaha Negara Mario Viano Rasi Wangge; Anak Agung Sagung Laksmi Dewi; Ni Made Sukaryati Karma
Jurnal Preferensi Hukum Vol. 2 No. 2 (2021): Jurnal Preferensi Hukum
Publisher : Warmadewa Press

Judicial power is done by a Supreme Court and judicial bodies under it, including the State administrative court with two subjects or parties who are litigating in the PTUN, namely the defendant and the plaintiff. The purpose of this study is to reveal the system for examining interventions in state administration as well as arrangements for interventions in state administrative disputes. the type of research used is normative law with a statute approach. The source of data used is the secondary data. The technique of collecting legal materials used is by reading and quoting by analyzing the relevant laws and then the collection and collection of the literature materials are processed qualitatively. The result shows that there are several possible motivations for the entry of third parties in the judicial process, namely on their own initiative, at the request of the judge, and at the request of one of the parties (the presecutor/defendant) and the state administrative court regulate the entry method and motivation for the intervention of the party to enter the examination process. State Administrative Disputes.

Hukuman Mati terhadap Narapidana Terorisme dalam Perlindungan Hak Asasi Manusia I Putu Gde Iwan Putra Darmayatna; I Made Sepud; Ni Made Sukaryati Karma
Jurnal Preferensi Hukum Vol. 2 No. 2 (2021): Jurnal Preferensi Hukum
Publisher : Warmadewa Press

Indonesia the death penalty has always been a matter of arguments because isn't based 011 the 1945 Constitution, the death penalty is in highest legal caste as the toughest punishment in the world. In this research, there are two problem formulations, namely how to regulate the death penalty against terrorism in relation to the protection of human rights and how to take legal measures against terrorism convicts to obtain legal relief. This research used the type of normative research, the techniques in the data collection are based on literature study. The results of this research indicate a conflict between the regulation of the death penalty and human rights. The regulation of the death penalty against terrorism in the relation to the protection of human rights has resulted in the emergence of various opinions and debates where the death penalty is considered to violate human rights and some consider this punishment to be applied. The effort by terrorism to obtain Juggleries a legal policy that has a basic idea i11 protecting human rights. Legal efforts to file an appeal, cassation, review to filing clemency request forgiveness from the President of the prisoners to reduce the law.

Co-Authors A. A. Sagung Laksmi Dewi A.A Sagung Laksmi Dewi Anak Agung Sagung Laksmi Dewi Ayu Prasetya Dewi Aziz Muhaimin Cokorda lstri Dharmasatyari Desak Ketut Parwati Gede Oka Swarbhawa I Gede Agus Sudiantara I Gede Eka Suantara I Gusti Agung Ayu Candra Nigrat I Gusti Bagu Suryawan I Komang Giri Maharta I Made Irvan Ariansyah Putra I Made Minggu Widyantara I Made Sepud I Made Widi Adi Peremana I Nyoman Gede Sugiartha I Nyoman Gede Sugiartha I Putu Gde Iwan Putra Darmayatna I Wayan Panca Eka Darma I Wayan Rideng I Wayan Sunarta Ida Ayu Made Wahyuni Dewi Komang Sutriani Mario Viano Rasi Wangge Ni Kadek Widya Widiani Ni Luh Putu Yosi Pratiwi Ni Made Yeni Sukmawati Nyoman Dita Ary Putri Pande Komang Satya Parama Hamsa Putu Budiartha, I Nyoman Senastri, Ni Made Jaya Tjok Istri Agung Mellynia Putri Saraswati Widiati, Ida Ayu Putu Yoga Wira Pranata

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