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All Journal KERTHA WICAKSANA Jurnal Analogi Hukum
Diah Gayatri Sudibya
Fakultas Hukum, Universitas Warmadewa, Denpasar-Bali
Law, Crime, Criminology & Criminal Justice

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Rekonstruksi Hukum Adat Terhadap Pelanggaran Protokol Kesehatan Selama Pandemi Covid-19 di Desa Adat Kota Tabanan Diah Gayatri Sudibya; Dessy Lina Oktaviani Suendra; Kade Richa Mulyawati
Kertha Wicaksana Vol 15 No 2 (2021)
Publisher : Fakultas Hukum, Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/kw.15.2.2021.99-107

Abstract

The higher the number of people affected by COVID-19, the government continues to aggressively issue regulations to suppress the growth of new cases and minimize new clusters of the spread of COVID-19. The Tabanan City Traditional Village, which has been listed twice as being in the red zone for the spread of Covid-19, is responding to the increasingly rampant Covid-19 pandemic problem by forming a perarem or customary rules that apply to the local Traditional Village, namely the Tabanan City Customary Regulation Number 5 of 2020 on the Regulation of Prevention and Control of Gering Agung Covid-19. This Perarem was ratified on July 19, 2020 and has been gradually socialized to the traditional banjars. The purpose of the formation of this regulation itself is to break the chain of the spread of Covid-19 and increase the discipline of the village community because this regulation also includes fines. As for the problem that will be studied, how are the legal arrangements regarding violations of health protocols during the Covid-19 pandemic in the traditional village of Tabanan city? and how is the ideal reconstruction of customary law in overcoming violations of health protocols during the Covid-19 pandemic in the traditional village of Tabanan city?. The method used in this research is the empirical legal method and is studied with a statutory approach. The results of this study are the traditional village of Tabanan City already has the Pararem of the Traditional Village of Tabanan City Number 5 of 2020 which includes fine sanctions for violators of the health protocol, only that there are still many people who do not comply with these regulations. To overcome this, it is necessary to reconstruct norms so that there are no gaps that can be exploited by health protocol violators.
Hukum Perkawinan Berbeda Kasta Dalam Perspektif Hukum dan Hak Asasi Manusia I Wayan Sumartika; Diah Gayatri Sudibya; Ni Made Puspasutari Ujianti
Jurnal Analogi Hukum Vol. 1 No. 3 (2019): Jurnal Analogi Hukum
Publisher : Fakultas Hukum Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/ah.1.3.2019.396-400

Abstract

Marriage as a legal problem will raise concerns for husbands in marriage. The philosophical problem, namely the marriage penalty of different castes is contrary to the Almighty values of the Almighty God in Pancasila. Sanctions are discharged (discharged) outside the area and sanctioned by the patiwangi ceremony. The juridical issue, the implementation of sanctions and the patiwangi ceremony in the marriage of different castes should be canceled because it is not in accordance with the Constitution. The method used is normative legal research based on proposed norms or evaluations or real problems, and legal materials obtained will be predicted. The results of the study indicate that there are sociological problems in different caste marriages, where the community still carries sanctions on customary law. The sanctions approved were those issued regarding the elimination of racial and ethnic discrimination or according to national law, there were no agreed provisions regarding the prohibition of the influence of different caste marriages. So as long as this marriage meets the requirements stated in the marriage law, it can be approved legally. Marriage is different depending on the women. According to the Act, every one who discriminates against others forms everything.
Pelaksanaan Pengawasan dan Pengamatan oleh Hakim Pengawas dan Pengamat Dalam Pembinaan Narapidana di Pengadilan Negeri Denpasar Ni Made Gita Iswariyani; I Nyoman Sujana; Diah Gayatri Sudibya
Jurnal Analogi Hukum Vol. 3 No. 1 (2021): Jurnal Analogi Hukum
Publisher : Fakultas Hukum Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/ah.3.1.2021.68-73

Abstract

The development of technology and Informatics in Indonesia has grown rapidly resulting in crime took place very quickly. A person who commits a criminal offence and has imposed a verdict running criminal prison called inmates. The time penalty Convicts still have human rights that are guaranteed by law. Law enforcement in ensuring human rights requires the role of law enforcement officers. Supervisory judges and observers’ one of the law enforcement officers who have the task of supervising and observing the Court ruling which has had the force of law. Monitoring and observations made Justice of the supervisors and Observers is useful as an evaluation against the Court ruling and also towards the overthrow of the criminal and the construction of the inmates. Formulation of the problem in this study is How supervisory arrangements and observations by judges and observers in the construction superintendent of convicts and how implementation of supervisory judges and observers in Denpasar District Court in the construction of the inmates. The type of research used in the writing of this thesis is the empirical legal research conducted with research in the field. Setting the execution of the duties of judges and observers of the trustees listed in the Judicial Authority law, the law of Criminal Procedure Law, and Supreme Court Circulars. Implementation of Supervisory Judges and observers has been already executed in accordance with the provisions but not yet running smoothly overall.
Kedudukan Wanita Dalam Mewaris Setelah Adanya Keputusan Pesamuhan Agung Iii Majelis Utama Desa Pakraman Bali (Nomor 01/KEP/PSM-3/MDP Bali/X/2010) Ni Putu Indah Pratiwi; Diah Gayatri Sudibya; Ni Made Sukaryati Karma
Jurnal Analogi Hukum Vol. 3 No. 1 (2021): Jurnal Analogi Hukum
Publisher : Fakultas Hukum Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/ah.3.1.2021.116-121

Abstract

The survival of a society is guaranteed by marriage, which there is a legal heir. The existence of legal heirs in Indonesia is still not currently legal, as well as unification of Bali from a district with other counties could not be equated the inheritance system. Bali has a fatherly line that ispatrilinial, which causes only the descendants of the kapurusa's status as heir in the family. Then with the decision of the Supreme Pesamuhan III which describes possible female heir or heirs. Formulation of the difficulty in this study is how the situation of women in Bali in Bali where the inheritance in the family embraced the system patrinial and how the position of women of Bali after the promulgation of the decision of the Supreme Pesamuhan III MUDP. The type of research used in this study is normative legal research. Thus the legal heirs in Bali customs, women cannot inherit because she is not capable in undertaking its obligations, whether liability caring for parents or an obligation in customary and ayahan temples. Whereas after the Supreme Pesamuhan III MUDP Bali said women can fully inheriting like male although in that women marrying out but he had to keep running its obligations.
Pemanfaatan Tanah Pekarangan Desa di Desa Adat Gelgel Kabupaten Klungkung Nyoman Andi Widjaya; I Nyoman Gede Sugiartha; Diah Gayatri Sudibya
Jurnal Analogi Hukum Vol. 3 No. 2 (2021): Jurnal Analogi Hukum
Publisher : Fakultas Hukum Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/ah.3.2.2021.165-169

Abstract

Land can be a very basic human desire. The relationship between humans and land can be in the form of a non-secular occult relationship which more or less contains parts of mystical (mystical) powers as the embodiment of humans and their natural surroundings. Inquiry techniques are controlled by radio with knowledge gathering techniques through direct interviews with people who are competent in the theory of reception victimization, reception in complex theories in the construction of the rule of law to see contemporary phenomena in the order of people's lives, especially in the Gelgel environment of Purba Village, Klungkung Regency. The results showed that the use of the Village Grounds in the Purba Gelgel Village was freely leased by the residents of Gelgel Pakraman Village to different parties. The Sanctions of the Traditional Karma of the Gelgel Purba Village which is not in line with the Rights and Obligations of Land Tenure in the Gelgel Ancient Village are following the awig – awig of the Gelgel Purba Village. It is hoped that residents can be vigilant and follow what the Banjar Adat community has united.
Co-Authors Dessy Lina Oktaviani Suendra I Nyoman Gede Sugiartha I Nyoman Sujana I Wayan Sumartika Mulyawati, Kade Richa Ni Made Gita Iswariyani Ni Made Puspasutari Ujianti Ni Made Sukaryati Karma Ni Putu Indah Pratiwi Nyoman Andi Widjaya