International Journal of Law, Tourism, and Culture

IMPLEMENTATION OF ARTICLE 9 PARAGRAPH 3 OF LAW NUMBER 28 OF 2014 ON COPYRIGHT RELATING TO THE DUPLICATION AND/OR COMMERCIAL USE OF WORKS WITHOUT THE AUTHOR'S PERMISSION IN BANGLI DISTRICT

I Dewa Komang Bisma Gautama — 2023-11-03

This study aims to find out: (1) To find out how law enforcement is implemented against software piracy copyright violations in Bangli (2) To find out how legal protection is implemented for computer program copyrighted works in Bangli City. The type of research used is empirical legal research, with the nature of descriptive research. The location of this research was carried out in three places namely Bangli Police, business people who service and buy and sell computers, consumers who use pirated computer programs. Data collection techniques used were document studies, observations, and interviews. The sampling technique used is non-probability sampling and the determination of the subject using snowball sampling technique. Processing techniques and data analysis that is done qualitatively. The results of the research show that (1) Law Number 28 of 2014 concerning protecting the rights owned by every creator, both economic rights and moral rights, so that creators or copyright holders receive protection from the government. So that if there is a violation of the copyright can be dealt with by the law. (2) Obstacles in efforts to enforce Law Number 28 of 2014 Concerning Copyrights are community culture that is strongly related to public awareness of the laws that apply in society so that people do not understand that their actions constitute a violation of the law which is detrimental to the creator or computer program copyright holder.

GRANTING ASSIMILATION TO PRISONERS DURING THE COVID-19 PANDEMIC (A CASE STUDY IN THE JURISDICTION OF BULELENG POLICE STATION AND SINGARAJA CLASS IIB CORRECTIONAL INSTITUTION)

Kadek Chandra Arta Wirawan — 2023-11-03

The purpose of this study was to find out (1) how to regulate the assimilation of prisoners during the COVID-19 pandemic in the Buleleng Police Legal Area and Class IIB Singaraja Prison and (2) the application of assimilation to prisoners during the COVID-19 pandemic in the Police Legal Area. Buleleng and Class IIB Singaraja Prison This type of research is empirical legal research with descriptive research nature. The location of this research was in the Class II B prison in Singaraja. Data collection techniques used are document studies and interviews. The sampling technique used is the Non Random Sampling technique. Qualitative data processing and analysis techniques. The results of the study show that (1) Regarding the arrangements for granting assimilation, the Class IIB Singaraja Prison has adjusted to the applicable law based on the Regulation of the Minister of Law and Human Rights Number 32 of 2020 concerning the Terms and Procedures for Granting Assimilation, Conditional Release, Conditional Leave and Leave Before Free for Convicts and Children in the Context of Prevention and Overcoming the Spread of Covid-19, namely in Article 4 regarding the requirements to be able to obtain assimilation. (2) Regarding the application of assimilation to prisoners. The implementation of guidance and supervision of assimilation and integration client expenditures due to COVID-19 is carried out by Community Counselors (PK) and Community Counseling Assistants (APK) in accordance with Permenkumham No. 10 of 2020. In its application, the implementation of guidance and supervision for prisoners / correctional clients is in the stage of Assimilation there are still obstacles experienced such as people who are not ready and lack of legal awareness There is an opinion that prisoners are someone who commits disgrace and must be punished severely and there is a sense of distrust of the process of guidance and supervision of prisoners who get assimilated during the covid-19 pandemic.

Juridical Review of Narcotics Crimes Committed by Children (Decision Number 58/Pid.Sus-Child/2020/PN Mdn)

Christian Raymon Panggabean — 2023-11-03

This study aims to determine and analyze related to (1) basic rights of children according to law; (2) how to solve cases of children facing the law as stipulated in the Juvenile Criminal Justice System, in this case drug abuse committed by children. This research is a normative legal research that uses types of statutory approaches, case approaches, and conceptual approaches. The legal materials used in this study are primary, secondary, and tertiary legal materials that are useful for drawing conclusions relevant to the problems in this study. The results showed that (1) this international convention is clear to us that the state has correctly designated children as subjects, namely as citizens who must be protected by their interests, have rights and obligations in the social, cultural, health, education and welfare fields (2) Discussing children's problems cannot be separated from discussing children's rights and children's obligations. Children will always be talked about because they are the future generations of the nation. With such conditions, the welfare of children will always be actual and feel important, this condition raises the need to protect children.The purpose of child protection is to ensure the fulfillment of children's rights in order to live, grow, develop and participate optimally in accordance with human dignity and dignity and get a Juvenile Criminal Justice System protection from violence and discrimination, for the realization of Indonesian children who are qualified, have noble character and prosperity.

IMPLEMENTATION OF ARTICLE 45 OF LAW NO. 16/2019 ON CHILD CUSTODY BY DIVORCED PARENTS IN SINGARAJA DISTRICT COURT

Made Dian Maharani — 2023-11-03

Divorce causes various legal consequences, including for children, joint property, and others. Currently, divorce often occurs which results in problems in determining child custody. There are 2 (two) objectives for conducting this research, the first objective is to find out the implementation of Article 4 of the Marriage Law Number 16 of 2019. Meanwhile, the second objective is to find out what the role of the Singaraja District Court is if there is a violation of child custody rights. The type of research used in this research is descriptive empirical legal research. The research sample determination technique used was the Non Probability Sampling Technique in the form of Purposive Sampling. The data obtained was then analyzed descriptively qualitatively, that is, it clearly describes the research problem. The results of the research obtained are that: (1) Article 45 of Law Number 16 of 2019 concerning Marriage at the Singaraja District Court for divorced parents is implemented because the role of parents to educate and look after their children even though they are divorced is their obligation and in determining custody rights, the panel of judges still pay attention to the role of existing law, facts in the environment and also the child's comfort or child's choice. (2) The legal consequences of violations of child custody rights that have been incarcerated will be dealt with such as revocation of child custody rights, and if there is a dispute over custody rights, neglect and even violence then a criminal offense will be imposed.

DOMESTIC VIOLENCE RESULTING IN DIVORCE VIEWED FROM A SOCIOLOGICAL PERSPECTIVE ON THE VERDICT OF SINGARAJA COURT NUMBER 119/PID.SUS/2022/PN SGR

Nyoman Gede Dodo Adiyasa Kunde — 2023-11-03

This study aims to (1) To find out the judge's consideration of the Singaraja District Court's decision in verdict number 119/Pid.Sus/2022/PN Sgr. (2) To find out the legal impact of domestic violence in terms of a sociological perspective. (3) To find out the legal consequences of domestic violence based on Decision number 119/Pid.Sus/2022/Sgr in terms of Law of the Republic of Indonesia Number 23 Year 2004. The type of research used by researchers is normative legal research, namely through a statutory approach, and a conceptual approach. The sources of legal materials used are the Constitution of the Republic of Indonesia, the Criminal Code (KUHP), Law No. 1 of 1974 concerning Marriage, Law No. 23 of 2004 concerning the Elimination of Domestic Violence and Singaraja District Court Decision Number 119/Pid.Sus/2022/PN SGR. The results showed that (1) The judge's consideration of Decision Number 119/Pid.Sus/2022/PN Sgr was the fulfillment of the elements in Article 44 paragraph (2) of Law of the Republic of Indonesia No. 23 of 2004 concerning the Elimination of Domestic Violence and Law No. 8 of 1981 concerning Criminal Procedure Law. (2) The legal consequences of acts of domestic violence viewed from a sociological perspective lead the perpetrators of domestic violence towards deviant behavior that is not in line with social norms. (3) The legal consequences of acts of domestic violence in terms of Republic Act No. 23 of 2004 are punishable in articles 44 to 53.

IMPLEMENTATION OF ARTICLE 74 PARAGRAPH (1) OF TABANAN DISTRICT REGULATION NUMBER 16 OF 2017 CONCERNING THE IMPLEMENTATION OF TRAFFIC AND ROAD TRANSPORTATION ON VIOLATIONS OF THE USE OF THE ROAD SHOULDER BY VEHICLE DRIVERS

Gst. Ayu Eny Wariski — 2023-11-03

This research aims to (1) determine the implementation of Article 74 Paragraph (1) of Tabanan Regency Regional Regulation Number 16 of 2017 concerning the Implementation of Road Traffic and Transportation regarding violations of road shoulder users by vehicle drivers (2) factors that influence the community tend to violate vehicle stopping and parking regulations in Tabanan Regency. The type of research used is empirical legal research which is a type of field research that focuses on primary data/basic data. The data processing technique in this research uses qualitative analysis originating from primary data in the form of field observations and secondary data originating from journals, articles and laws, ministerial regulations, and district level Regional Regulations. The results of this research show that (1) Regional Regulation Number 16 of 2017 concerning the Implementation of Road Traffic and Transportation has not been implemented optimally to date. This is due to the minimal number of police personnel in the traffic sector so that sanctions cannot be implemented. (2) Factors that cause people to tend to violate parking rules include people's minimal knowledge regarding traffic regulations and people's attitude of being indifferent to the rules that apply in their surroundings.

THE ROLE OF THE POLICE IN HANDLING PERPETRATORS OF PHYSICAL AND MENTAL VIOLENCE AGAINST CHILDREN (CASE STUDY IN THE JURISDICTION OF BULELENG POLICE STATION)

I B Khrisna Brahmanda P — 2023-11-03

This study aims to (1) examine and analyze related to the role of the Buleleng Police in handling acts of violence against children in Buleleng Regency and (2) countermeasures carried out by the Buleleng Police in handling acts of violence against children in Buleleng Regency. In this study, 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 were document study techniques, observation techniques, and interview techniques. The sampling technique used is a non-probability sampling technique and the determination of the subject uses a purposive sampling technique. Furthermore, the data obtained was processed and analyzed qualitatively. The results of the study indicate that (1) the role of the police in this study is the Women and Children Service Unit, the Criminal Investigation Unit of the Buleleng District Police in an effort to resolve crimes of domestic violence through penal mediation, namely to provide services, protection to women and children who are victims of acts of domestic violence crimes with empathetic professionals and law enforcement against women and children as perpetrators of crimes (2) the countermeasures carried out by the Buleleng Resort Police in dealing with criminal acts of sexual violence against children in Buleleng Regency through penal means through repressive efforts and non-penal means include: pre-emptive and preventive efforts.