Jurnal Ilmu Hukum Sui Generis

ANALISIS YURIDIS PERLINDUNGAN HUKUM BAGI KORBAN KEKERASAN SEKSUAL PADA ANAK DALAM KASUS PEMERKOSAAN (STUDI PUTUSAN Nomor 4/Pid.Sus/Tahun 2023 PENGADILAN NEGERI SINGARAJA)

Kadek Budi Hartayani, made sugi hartono, Ni Ketut Sari Adnyani — Wed, 23 Apr 2025 00:00:00 +0800

Children are the most beautiful gift given by God Almighty who will play an important role in the future of the Indonesian nation. However, currently a big obstacle in the development of the younger generation is the large number of criminal cases of sexual violence. Cases continue to increase and punishment for perpetrators of sexual violence has not had a deterrent effect, making it difficult to hope to reduce the level of sexual violence. Using normative legal research methods as well as Statute approach, Case Approach, and, Conceptual Approach to examine the considerations of judges' decisions in imposing criminal sanctions on perpetrators of sexual violence against children. The aim of this research is to determine the basis for the judge's considerations in providing protection to children as victims of criminal acts of sexual violence in rape cases in case decision Number 4/Pid.Sus/PN Sgr. The type of research used is normative legal research with descriptive research characteristics. Implementation of the judge's authority as regulated in Law no. 48 of 2009 concerning Judicial Power, article 5 paragraph (2), does not yet provide a clear description of the phrase "experienced in the legal field", in this case it gives rise to vague norms and has the potential to impose sanctions on perpetrators of sexual violence against children that are not optimal.

PERAN KEPOLISIAN DALAM MELAKUKAN PENANGANAN TERHADAP KEKERASAN SEKSUAL PADA ANAK (PEDOFILIA) (Studi Kasus Di Wilayah Hukum Polres Buleleng)

ketut putrini, made sugi hartono, i wayan landrawan — Wed, 23 Apr 2025 00:00:00 +0800

Population growth increases every year in Buleleng Regency and is accompanied by an increase in cases of sexual violence. Based on Law Number 2 of 2002 concerning the National Police of the Republic of Indonesia, it is stated that the police's duty is to handle casespedophiliawhich is related to preventive and repressive efforts that are not yet optimal. From the problem above, there are 2 problem formulations, including: What is the role of the police in handling sexual violence against minors?(pedophilia)and What obstacles do the police face in dealing with sexual violence against minors?(pedophilia). This research uses an empirical method with qualitative research characteristics. Data collection techniques used include observation, interviews, documentation. The sampling technique used is the techniquenonprobability sampling with shapepurposive sampling. This research found that the role of the police was to investigate, investigate and arrest the perpetrators. In this case, the obstacles faced by the police come from within and outside the institution.

TINJAUAN YURIDIS DISPENSASI PENGGUNAAN HELM PADA PENGENDARA DAN PENUMPANG SEPEDA MOTOR YANG BERPAKAIAN ADAT

Wed, 23 Apr 2025 00:00:00 +0800

This research aims to (1) analyze and examine the form of dispensation for the use of helmets for motorbike riders and passengers based on the Decree of the Governor of the Regional Head of Level I Bali Number 217 of 1986 Article 4 Paragraph (1) and Paragraph (2) with Article 106 Paragraph (8) of the Law -Law Number 22 of 2009 concerning Road Traffic and Transportation, (2) analyzes the regulations on the use of helmets in terms of traditional clothing which is more appropriate to use in the Decree of the Governor of the Head of the Level I Region of Bali Number 217 of 1986

Prodi Ilmu Hukum 1 Article 4 Paragraph (1) and Paragraph (2) With Article 106 Paragraph (8) of Law Number 22 of 2009 concerning Road Traffic and Transportation. The type of research used in this research is normative juridical research which aims to identify forms of norm conflict that occur between the two laws and regulations. Using a statutory approach and a conceptual 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 through document study techniques. The legal material analysis technique used is a vertical synchronization analysis technique. The results of this research show (1) The form of dispensation for the use of helmets for motorbike riders and passengers based on the Decree of the Governor of the Regional Head of Level I Bali, namely when there is a head injury, use traditional clothing within a radius of 10 Km with a maximum speed of 40 Km per hour, (2) Regulations The more appropriate use of a helmet when wearing traditional clothing is Law Number 22 of 2009 concerning Road Traffic and Transportation because it is a law that is at a higher level than the Decree of the Governor of the Level I Regional Head of Bali.

ANALISIS VICTIMOLOGI TERHADAP KORBAN TINDAK PIDANA PENIPUAN ONLINE SHOP DI KABUPATEN BULELENG

Komang Sri Wahyun, made sugi hartono, Dewa Bagus Sanjaya — Wed, 23 Apr 2025 00:00:00 +0800

This research aims to determine the factors that cause someone to become a victim of online shop fraud and the steps and efforts to protect victims of online shop fraud in Buleleng Regency. The type of research that will be used in this research is empirical legal research. In examining this case, the research uses descriptive characteristics. The data used in this research are Primary Data and Secondary Data consisting of Primary Legal Material, Secondary Legal Material and Tertiary Legal Material. The conclusions from this research are 1) the factors that cause someone to become a victim of Online Shop fraud in Buleleng Regency, so it can be concluded that the factors that cause someone to become a victim of Online Shop fraud in Buleleng Regency are internal factors consisting of very high prices. cheap, because of the ease of transactions on Social Media and the lack of public insight and knowledge regarding the latest modes of fraud as well as external factors which include economic factors, education factors, cultural factors and environmental factors. 2) The steps and efforts to protect victims of Online Shop fraud in Buleleng Regency which have been carried out by the Buleleng Police Unit and the Buleleng Regency Communication, Informatics, Coding and Statistics Service are preventive legal protection consisting of providing Digital Literacy education and socialization and repression which consists of from settlement through legal channels by the Buleleng Police Unit. Furthermore, the Buleleng Regency Communication, Information, Coding and Statistics Service has also provided reporting for cellphone numbers and account numbers that are indicated to be fraudulent to help other people trace the history of these numbers.

IMPLEMENTASI KETENTUAN PASAL 18 UNDANG-UNDANG NOMOR 8 TAHUN 1999 TENTANG PERLINDUNGAN KONSUMEN TERKAIT PENGGUNAAN KLAUSULA EKSONERASI PADA BUKTI TRANSAKSI BARANG DI KOTA SINGARAJA

Ni Luh Eniasih, Komang Febrinayanti Dantes, si ngurah ardhya — Wed, 23 Apr 2025 00:00:00 +0800

This study aims to analyze and review the implementation of the provisions of Article 18 Paragraph (1) of Law Number 8 of 1999 concerning Consumer Protection against the Use of Exoneration Clauses in goods businesses in Singaraja City. In practice, business actors reject the demands of consumers who experience losses due to the products they sell. The refusal of business actors is stated in the form of an exoneration clause on the proof of transaction. The type of research used in this study is empirical juridical research that is descriptive. The determination of the sample used is non-probability sampling in the form of snowball sampling. Data collection techniques are carried out by observation, interviews, questionnaires, and document studies. Based on the research conducted, it can be seen that the implementation of the provisions of Article 18 Paragraph (1) of Law Number 8 of 1999 concerning Consumer Protection has not been effectively implemented by goods business actors in Singaraja City in Singaraja due to weak supervision carried out by legal structures and weak legal culture of the community, namely business actors and consumers related to understanding of the provisions for the use of standard clauses. The factors that cause business actors to include exoneration clauses in their transaction proofs are business actors' concerns about consumer behavior in bad faith, business policies, lack of legal awareness of business actors on the use of exoneration clauses, and the absence of socialization regarding the use of standard clauses.

ANALISIS YURIDIS TERHADAP PEMBAGIAN HARTA BERSAMA TANPA PERJANJIAN PRA-NIKAH PASCA PERCERAIAN BERDASARKAN PUTUSAN NO 108/PDT.G/2021/PN.SGR

Ni Komang Intan Kumala Sari, muhamad jodi setianto, Ni Ketut Sari Adnyani — Wed, 23 Apr 2025 00:00:00 +0800

The phenomenon of patriarchal culture is still frequently encountered in the midst of community life. This is due to the societal belief that men are prioritized because they are the heirs of lineage. In this case, the author attempts to examine a legal case at the Singaraja District Court concerning alimony and undivided shared property. In the final decision, a larger proportion of the shared property is obtained by the male party due.to.the.absence of a prenuptial agreement that.regulates.the terms of marital property division. The purpose of this research is to analyze court decisions and understand how judges consider dividing shared property without a prenuptial agreement based on the Civil Code, Law Number 16 of 2019 regarding changes to Law Number 1 of 1974 concerning Marriage. Additionally, it aims to encourage society to be more mindful of creating prenuptial agreements before marriage to ensure the interests of both parties are accommodated. The research methodology employed in this study is a normative juridical approach, utilizing three types of approaches: case analysis, legal provisions, and conceptual analysis.