Articles
<![CDATA[Pertanggungjawaban Pidana Korporasi Terhadap Pencemaran Lingkungan Hidup Ditinjau dari Undang-undang Cipta Kerja ]]>
<![CDATA[Kadek Dicky Candra Mahendra]]>;
<![CDATA[I Nyoman Gede Sugiartha]]>;
<![CDATA[Luh Putu Suryani]]>
<![CDATA[ Jurnal Interpretasi Hukum Vol. 2 No. 3 (2021): Jurnal Interpretasi Hukum ]]>
Publisher : <![CDATA[Warmadewa Press ]]>
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DOI: 10.22225/juinhum.2.3.4196.678-682
<![CDATA[Human activities that are less controlled, make a clean and healthy living environment less and less, this is because the earth is currently getting older and the activities of humans themselves are not properly preserving the environment. Humans have a role and responsibility to empower the environment to maintain the ecosystem. However, the current reality is that most environmental crimes often involve corporations. This study aims to examine the regulation of criminal acts by corporations in the perspective of the Copyright Act and to reveal criminal sanctions against corporations that commit acts of environmental pollution in terms of the Copyright Act. This research uses a normative research type, with a Legislative approach. As for what is used as primary data, namely Law Number 32 of 2009, Law Number 11 of 2020 concerning Job Creation is the legal basis for knowing criminal arrangements and criminal sanctions against corporate criminal liability for environmental pollution in terms of the work copyright law. Data were collected using library research techniques. After the research data has been collected, it is processed by elaboration, namely combining the sources of the primary, secondary and tertiary legal materials with deductive and inductive logic. The results of this study indicate that corporate crime is essentially a functional act and is in the form of an inclusion offense. The criminal sanction of imprisonment is 1/3 to the management of the corporation.]]>
<![CDATA[Sanksi Pidana terhadap Pelaku Pencemaran Nama Baik Melalui Media Sosial ]]>
<![CDATA[I Putu Pande Juli Artana]]>;
<![CDATA[I Nyoman Gede Sugiartha]]>;
<![CDATA[I Made Minggu Widyantara]]>
<![CDATA[ Jurnal Interpretasi Hukum Vol. 3 No. 1 (2022): Jurnal Interpretasi Hukum ]]>
Publisher : <![CDATA[Warmadewa Press ]]>
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DOI: 10.22225/juinhum.3.1.4633.25-30
<![CDATA[People in Indonesia do not understand what the law really is, they only know that if there is a mistake, there will be punishment. The lack of insight of the Indonesian people in understanding the law makes the government always socialize how important it is that people learn the law and apply sanctions for someone who violates the law. This research aims to analyze the form of legal settlement arrangements against perpetrators of defamation through social media, as well as to discuss criminal sanctions against perpetrators of defamation through social media. The research method used is normative by using a statutory approach and a conceptual approach. The sources of legal materials in this research are primary sources of material originating from arrangements related to cases and secondary sources of material derived from legal books and journals. The data collection technique used the technique of recording and documenting data related to the case. The sophistication of the development of computer technology, especially in the telecommunications system, gave birth to a new term called the internet. The internet is one of the media electronic in terms of information and communication that is able to connect people around the world, so that the world feels increasingly narrow and without boundaries because of the ease in establishing communication. Globalization that gave birth to internet-based information and communication technology has shaped the pattern of human life with a new culture. With the internet, people are no longer worried about boundaries of territory, space, and time that hinder the process of information and communication because they have found a way that is more effective and efficient.]]>
<![CDATA[Kajian Yuridis Tindak Pidana Pemalsuan Surat secara Bersama-Sama (Studi Kasus Putusan Pengadilan Negeri Jakarta Timur Nomor 305/Pid.B/2021/PN Jkt.Timur) ]]>
<![CDATA[I Gede Eka Suantara]]>;
<![CDATA[I Nyoman Gede Sugiartha]]>;
<![CDATA[Ni Made Sukaryati Karma]]>
<![CDATA[ Jurnal Interpretasi Hukum Vol. 3 No. 1 (2022): Jurnal Interpretasi Hukum ]]>
Publisher : <![CDATA[Warmadewa Press ]]>
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DOI: 10.22225/juinhum.3.1.4640.66-71
<![CDATA[Indonesia is a legal state in which all aspects are regulated by applicable law to determine the obligations, rights and obligations in monitoring one's own and social desires. Of course, the existence of applicable laws in Indonesia has a very good influence in order because it can control all kinds of criminal activities that occur in society. This study aims to reveal the form of criminal sanctions and legal considerations given by the panel of judges in imposing a sentence on the perpetrators of the crime of forging letters which were carried out together. This research uses normative legal writing method. Sources of data used are primary and secondary data. Data analysis is used in a qualitative, in-depth and comprehensive way and when analyzing legal materials, namely by argumentation through explaining legal incident materials or legal results in detail to facilitate interpretation in the analysis. The results in the study indicate that in terms of considering the judge's role when giving criminal sanctions to the defendant on behalf of Ahmad Saifudin in the decision Number 305/Pid.B/2021/PN Jkt.Tim, in which the defendant was sentenced for what he had done, he was sentenced to 1 year 2 months jail. The conclusion of the study is that joint criminal sanctions in carrying out the criminal act of forging letters together can be imposed as described in Article 263 paragraph (1) of the Criminal Code regarding the crime of forging letters, threatened with imprisonment for a maximum of six years. The researcher hopes that in deciding a case the judge can consider everything]]>
<![CDATA[Pemberdayaan Paralegal dalam Mencegah Kekerasan terhadap Perempuan di Desa Tuwed Kecamatan Melaya Kabupaten Jembrana ]]>
<![CDATA[Ni Kadek Candra Dewi]]>;
<![CDATA[I Nyoman Gede Sugiartha]]>;
<![CDATA[I Made Minggu Widyantara]]>
<![CDATA[ Jurnal Interpretasi Hukum Vol. 3 No. 1 (2022): Jurnal Interpretasi Hukum ]]>
Publisher : <![CDATA[Warmadewa Press ]]>
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<![CDATA[Violence against women is very common in Indonesia, especially in the Bali area which is famous for upholding patrilineal lineages which assume that a patriarchal culture is where men are above women in terms of position. This happens due to a lack of knowledge about the law, especially for the poor and marginalized. After the birth of paralegals as an implementation of Law Number 16 of 2011 concerning Legal Aid, it is very interesting to study its relation to violence against women. Thus, the purpose of this study is to analyze paralegals in preventing cases of violence against women in Tuwed Village and discuss the effectiveness of paralegals in preventing violence against women in Tuwed Village. This research uses empirical methods with a case study approach. This research uses primary data sources, namely face-to-face interviews with informants, and secondary data sources using complementary sources of legislation in the study of literature. The researcher in collecting data uses a literature review method to collect primary data, and conducts field research (interviews and questionnaires). Paralegal arrangements in preventing violence against women have been regulated in the Legal Aid Law Number 16 of 2011 concerning Legal Aid. The results of this research indicate that the role of paralegals in preventing violence against women in Tuwed Village has not been effective, due to the lack of counseling and socialization about paralegals and violence against women to the people of Tuwed Village]]>
<![CDATA[Akibat Hukum bagi Anak yang Lahir dari Perkawinan Keris (Studi Kasus di Desa Baturiti, Banjar Tengah) ]]>
<![CDATA[Ni Kadek Febriana]]>;
<![CDATA[I Nyoman Gede Sugiartha]]>;
<![CDATA[I Nyoman Subamia]]>
<![CDATA[ Jurnal Interpretasi Hukum Vol. 3 No. 1 (2022): Jurnal Interpretasi Hukum ]]>
Publisher : <![CDATA[Warmadewa Press ]]>
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<![CDATA[Marriage is generally carried out between a woman and a man, but in fact there is a marriage procession carried out between a woman and a keris which is often called a keris marriage. Thus, this has legal consequences for the child who is born. So, the purpose of this study is to discuss the factors that influence the bride to choose a keris marriage and the legal consequences for children born from a keris marriage. This research method uses empirical research methods using a sociological approach to law by examining the issues raised based on facts supported by a juridical approach in relation to the problems discussed. The primary data sources are: Data in the form of observations and interviews with residents in the Baturiti Traditional Village. While secondary data sources are: Data obtained by conducting library research available from reviewing legal literature, official documents, laws and other data related to theoretical problems as a legal basis. Research results include: the factor of the bride choosing a keris marriage in Baturiti Village, Central Banjar because the woman has the status of a sentana rajeg, the man is reluctant to take responsibility, the woman is already pregnant, avoiding the birth of a bebinjat child. The legal consequences for children born from kris marriages by KK registration and birth certificates have a civil relationship with their mother only, by inheritance the child has the right if he has no more relatives and at the decision of his mother. If the child is adopted by his grandfather (squeezing) then the status of the child becomes the child of his grandfather]]>
<![CDATA[Perlindungan Hukum terhadap Tenaga Kerja pada Usaha Dagang (UD) Sari Yasa di Denpasar ]]>
<![CDATA[Dewa Ayu Warta Meilaningsih]]>;
<![CDATA[I Nyoman Gede Sugiartha]]>;
<![CDATA[Ni Made Puspasutari Ujianti]]>
<![CDATA[ Jurnal Interpretasi Hukum Vol. 3 No. 1 (2022): Jurnal Interpretasi Hukum ]]>
Publisher : <![CDATA[Warmadewa Press ]]>
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DOI: 10.22225/juinhum.3.1.4739.169-175
<![CDATA[Business Trading (UD) is a business entity that is run independently by one person only and does not require a partner in doing business. Sari Yasa Trading Company or Trading Company (UD) located in Denpasar. Such as employees or workers who are dishonest and even commit acts against the law in helping carry out business activities and the legal protection provided by a company to its employees or workers considering that the Trading Company or Trading Business (UD) has not been explicitly regulated in the laws and regulations. This study aims to reveal the form of legal protection for workers at the Sari Yasa Trading Business (UD) in Denpasar. The type of research used in this research is empirical legal research with a sociology of law approach that studies the reciprocal relationship between law and other social phenomena. The source of data in this study is primary data and secondary data. The data in this study were processed using qualitative analysis, where the data obtained were presented in a descriptive analysis. The results of this study indicate that because the Trading Company (UD) is not a legal entity, it is therefore full of civil and criminal responsibility for the company's employees. The form of legal protection is to make a work agreement in which the substance has been adjusted to the applicable laws and regulations.]]>
<![CDATA[Sanksi Pidana Terhadap Tenaga Medis yang Memaksa Memberlakukannya Vaksin Covid-19 bagi Masyarakat yang Memiliki Riwayat Penyakit ]]>
<![CDATA[Dendy Martono Prabowo]]>;
<![CDATA[I Nyoman Gede Sugiartha]]>;
<![CDATA[Ida Ayu Putu Widiati]]>
<![CDATA[ Jurnal Interpretasi Hukum Vol. 3 No. 1 (2022): Jurnal Interpretasi Hukum ]]>
Publisher : <![CDATA[Warmadewa Press ]]>
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DOI: 10.22225/juinhum.3.1.4746.204-209
<![CDATA[he outbreak of the 2019 Coronavirus Disease that entered Indonesia which can be overcome by giving vaccines to the Indonesian people who meet the criteria according to the applicable law. However, the government requires the vaccination to be applied to all Indonesian citizens, even those with a history of disease, the government should guarantee the rights of everyone with the consent and without the slightest coercion in the voluntary vaccination process. This study aims to reveal criminal sanctions against medical personnel who force the implementation of the COVID-19 vaccine for people who have a history of illness. This study uses a normative juridical method by using a statutory problem approach. The sources of legal materials used are primary legal sources and secondary legal sources. The collected legal materials were analyzed systematically with descriptive presentation. Based on the results of the existing analysis, this study reveals that medical personnel who provide vaccines to people who have a history of illness can be said to have committed serious negligence which resulted in the recipient of the Health Service being seriously injured, the punishment for the maximum 3 (three) years in prison, even if it causes death, will be sentenced to 5 years. (five) years in accordance with the provisions of the Law of the Republic of Indonesia Number 36 of 2014 concerning Health Worker.]]>
<![CDATA[Peran Masyarakat dalam Upaya Pelestarian Hutan Taman Nasional Bali Barat di Desa Eka Sari ]]>
<![CDATA[Ni Putu Eka Dharma Yanti]]>;
<![CDATA[I Nyoman Gede Sugiartha]]>;
<![CDATA[Luh Putu Suryani]]>
<![CDATA[ Jurnal Interpretasi Hukum Vol. 3 No. 2 (2022): Jurnal Interpretasi Hukum ]]>
Publisher : <![CDATA[Warmadewa Press ]]>
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DOI: 10.22225/juinhum.3.2.5066.287-291
<![CDATA[The role of the community in the management of the West Bali National Park Conservation area is to actively involve the community in the management of the Conservation area. Ekasari Village is one of the supporting villages for the West Bali National Park Center. This research examines two things: The role of the community in preserving the forests of the West Bali National Park in Ekasari Village and the Application of Legal Sanctions If People Do Violations. The purpose of this research was to determine the role of the community in forest conservation. This research is an empirical research writing and a sociological approach, the legal materials are sourced from primary legal materials with descriptive data analysis. The results showed that the role of the people of Ekasari Village played an active role in the preservation of the West Bali National Park. If members of the Ekasari Village community commit a violation, they will be subject to sanctions according to what is stipulated in the customary village awig-awig. In addition, sanctions are imposed on Law No. 5 of 1990 Violation of the above provisions can be subject to criminal penalties]]>
<![CDATA[Visum Et Repertum Sebagai Alat Bukti dalam Menentukan Tuntutan Pidana terhadap Kasus Penganiayaan Berat ]]>
<![CDATA[Ni Putu P Novi Widiantari]]>;
<![CDATA[I Nyoman Gede Sugiartha]]>;
<![CDATA[Ni Made Sukaryati Karma]]>
<![CDATA[ Jurnal Interpretasi Hukum Vol. 3 No. 2 (2022): Jurnal Interpretasi Hukum ]]>
Publisher : <![CDATA[Warmadewa Press ]]>
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DOI: 10.22225/juinhum.3.2.5067.292-297
<![CDATA[In Indonesian law, there is one piece of evidence called Visum et Repertum. The evidence is in the form of a statement from an expert in Judicial Medicine or Forensic Medicine obtained from the examination of the victim's body. The purpose of this study was to analyze the form of the Visum et Repertum equation as a valid evidence in the crime of serious maltreatment and to examine the strength of the proof of the post-mortem as evidence in determining the prosecution for cases of severe maltreatment. Visum et Repertum is one of the most important pieces of evidence in cases of severe abuse because it can assist judges in making decisions. This study uses a normative legal method which uses a statutory, conceptual, and deductive-inductive logical reasoning approach. The sources of the legal materials for this study are primary legal materials which contain the Criminal Code, the Criminal Procedure Code, the Law on the Principal Powers of Judges, the Law on the Indonesian Attorney General's Office, and the Law on the Indonesian National Police. Secondary legal materials consisting of: print and electronic literacy relevant to this . Data collection techniques used: library techniques and note-taking techniques, the data was collected then analyzed systematically through arguments formed from legal logic. This finds that Visum et Repertum is not explained directly in the Criminal Procedure Code, but the evidence from the examination relating to the body or life is considered valid and can be a consideration for judges in deciding a case with valid evidence.]]>
