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All Journal Ganaya: Jurnal Ilmu Sosial dan Humaniora Jurnal Notariil KERTHA WICAKSANA MUWAZAH: Jurnal Kajian Gender Jurnal Hukum Prasada Jurnal Pendidikan Kesehatan Rekreasi JOURNAL SCIENTIFIC OF MANDALIKA (JSM) Journal Equity of Law and Governance Jurnal Konstruksi Hukum Jurnal Interpretasi Hukum Jurnal Preferensi Hukum (JPH) Postgraduated Community Service Journal Law Doctoral Community Service Journal Community Services Journal (CSJ) SASI Jurnal Analogi Hukum Community Service Journal of Law
I Ketut Widia
Universitas Warmadewa
Religion Arts Humanities Economics, Econometrics & Finance Education Health Professions Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Medicine & Pharmacology Physics Public Health Social Sciences Other

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Legal Protection Against Offenders in the Process of Investigation in the Resort Police of Denpasar City Dian Martina Octavia; Simon Nahak; I Ketut Widia
Jurnal Hukum Prasada Vol. 6 No. 2 (2019): Jurnal Hukum Prasada
Publisher : Magister of Law, Post Graduate Program, Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/jhp.6.2.2019.109-114

Abstract

The involvement of children in a crime is a phenomenon that is rife. As is the case in the Denpasar City Police Department, where there are children who commit sexual intercourse with friends of their age. In the investigation process, the child as the perpetrator of the crime, found a gap between the prevailing norms and practice, namely in Article 64 of Law Number 17 Year 2016 concerning Child Protection stipulates that, special protection for children facing the law, which is wrong one is getting assistance by a parent or guardian. This research was analyze the form of legal protection against the offender's offender in the investigation process and the obstacles to children as perpetrators of criminal acts in the investigation process at the Denpasar City Police Department. This research was empirical research conducted through the method of legislation and legal concepts as the basis of research. The approach in this study uses the legal concept approach, and the legal approach. Based on the results, it was found that the form of child protection as an offender in the police investigation process was divided into two, namely Preventive protection and Repressive protection. Special treatment of children as perpetrators of criminal offenses is carried out with diversion. The diversion effort is one of the Preventive efforts applied to children facing the law which is a settlement of criminal cases outside the court while the Repressive effort that can be done is to provide a quick, precise and efficient investigation process. The factors that become obstacles in the context of investigating children are the factors of underage children, which makes it difficult for the investigation process, the number of parties involved, parents and surrounding communities who are less concerned. The advice given is first, full awareness of the police is needed in the preventive and repressive stages of children facing the law so that in the future this case can be handled properly and efficiently. Second, it is necessary to familiarize parents or related parties who stumble over child problems that intersect with the law so that in the future there will be no more indifference from the parents or related parties in dealing with such crimes.
Criminal Sanctions against Taxpayer Who are Negligent to Register Land and Building Taxes Made Putri Pradnya Parahita; Simon Nahak; I Ketut Widia
Jurnal Hukum Prasada Vol. 7 No. 2 (2020): Jurnal Hukum Prasada
Publisher : Magister of Law, Post Graduate Program, Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/jhp.7.2.2020.73-78

Abstract

One of the most common problems related to land and building tax is where there are citizens who are aware of their obligation to pay taxes by registering their objects, but due to certain circumstances, the taxpayer does not register the tax object he owns. This study aims to find out the regulation of criminal sanctions against taxpayers who do not register land and building tax and to find out the criminal liability of taxpayers who do not register the object of land and building tax. This study uses normative research that starts with an indication of the obscurity of legal norms. The results of this study showed that the provision of sanctions is needed as a form of the last effort to realize the certainty of tax activities going well. Sanctions given can be in the form of administrative sanctions in the form of fines to criminal sanctions in the form of prison or confinement, which can be imposed on taxpayers and related officials. Criminal liability in the field of taxation arises when each taxpayer is indicated to have committed a tax crime. The intended taxpayer is an individual taxpayer or legal entity or corporation. Likewise, it has been regulated that starting from the taxpayer, tax officials/employees, to third parties have their respective criminal liabilities. The legal basis is Law Number 28 of 2007 concerning General Provisions and Tax Procedures. The advice given is the need for strict rules regarding criminal sanctions against land and building tax registration.
Legal Protection of Contract Workers in the Work Agreement in Jayagiri Hotel Feranika Anggasari Jayanti; Johannes Ibrahim Kosasih; I Ketut Widia
Jurnal Hukum Prasada Vol. 8 No. 2 (2021): Jurnal Hukum Prasada
Publisher : Magister of Law, Post Graduate Program, Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/jhp.8.2.2021.78-88

Abstract

The development of the tourism industry in Bali causes the high competitiveness of classy hotels such as the Jayagiri Hotel and has an impact on the income aspect of the hotel business, in this case the company's income and leads to legal protection of the rights and obligations given to its workers. This study aims to examine the contractual relationship between contract workers in a work agreement at Jayagiri Hotel and to examine the legal protection can be given for contracts made by the parties and obstacles are experienced by workers in obtaining their rights and obligations. The method used in this study is normative and empirical research method. The results of this study showed that the employment agreement between contract workers and the Hotel has not yet provided a good working relationship so that the application of Law No. 13 of 2003 concerning Employment has not been accommodated. This is due to the entry into force of the standard contract agreement in Jayagiri Hotel which has not provided a balanced position in the same position between workers and employers. Employers as employers always have a higher bargaining position than workers, so the formulation of work agreements in Law No. 13 of 2003 concerning Employment has not been properly accommodated to protect workers' rights and cannot yet prosper workers in accordance with the mandate of the Act.
Perjanjian Kredit Bank dengan Jaminan Borgtocht (Perorangan) I Gusti Ngurah Bagus Denny Hariwijaya; I Nyoman Putu Budiartha; I Ketut Widia
Jurnal Konstruksi Hukum Vol. 1 No. 2 (2020): Jurnal Konstruksi Hukum
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/jkh.1.2.2552.340-345

Abstract

The rapid progress of the times is influenced by the development of the needs of every member of society and the ways of fulfilling the economy of each member of society. This incident requires the presence of a credit guarantee regulation as a place to expand a business that has both a legal entity and an individual. Granting space for credit requires a guarantee for the sake of security. Lending requires a guarantee such as a house, land, car, shares, and other assets for the sake of security for the credit extension and to avoid risks if a debtor cannot fulfill his obligations. From this certainty, it is possible for the Bank to provide credit with individual guarantees, but the Bank should have confidence in the ability and intelligence of the debtor to repay his debt. Based on this background, this research was conducted with the aim of describing the legal consequences arising from a credit agreement involving a third party as a guarantor. This study was designed using a normative juridical approach. The results of this study indicated that the legal consequences arising from a credit agreement involving a third party as a guarantor, namely: first, a debtor can be sued by an insurer who has paid the creditor's debt. The coverage can occur with the knowledge or without the knowledge of the debtor himself. Second, the insurer has the right to demand compensation and interest. Third, creditors and insurers must pay attention to certain rights and obligations. Finally, the insurer or third party is given the right to share the debt, that is, when sued for the fulfillment, can claim shares from their party as the guarantor.
Perlindungan Hukum terhadap Kreditur Pemegang Jaminan Fidusia yang Dipindah Tangankan I Made Suarja; Simon Nahak; I Ketut Widia
Jurnal Konstruksi Hukum Vol. 1 No. 2 (2020): Jurnal Konstruksi Hukum
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/jkh.1.2.2628.431-435

Abstract

This research was conducted based on fiduciary guarantee of execution provided for in Article 29 of Act No. 42 of the year 1999 about Fiduciary Guarantee stating that the fiduciary guarantee execution can be carried out by means of the execution of the title eksekutorial, the distribution of sale through the society, or sale under the hand with the consent of both parties. However, in practice when it will do the execution of fiduciary guarantee, guarantee that turned out to be transferable and controlled by third parties without the consent of the borrower. Formulation of the problem in this study was 1. The requirements are to be met by the lender in order to have the power of doing execution in granting credit Guarantee Chattels? 2. How is the legal protection for the lender that guarantees Fiduciary transferable? The purpose of the research to know the procedure of obtaining legal protection for holders of a Fiduciary which is transferable. The theory is a theory of legal certainty and the protection of the law. This type of research approach with normative approach legislation and the approach to the case. The first discussion about the terms of execution of fiduciary guarantee and second set of laws regarding a lender to Fiduciary redirected. The result of the research showed that if not created by notariil and registered office at Fiduciary, then their execution procedures can only be done with the setting of the ruling of the District Court. Procedures and procedures binding guarantee of fiduciary fiduciary registration procedures on Fiduciary Office, are not set or are not found in detail in the Law Number 42 Year 1999.
Sanksi Pidana terhadap Pelaku Tindak Pidana Perjudian Togel (Studi Kasus Putusan Pengadilan Negeri Bangli Nomor 23/PID.B/2020/PNBLI) I Dewa Ayu Mira Pradewi; I Nyoman Gede Sugiartha; I Ketut Widia
Jurnal Interpretasi Hukum Vol. 2 No. 1 (2021): Jurnal Interpretasi Hukum
Publisher : Fakultas Hukum, Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/juinhum.2.1.3087.189-194

Abstract

Gambling is a bet with risk values that are intentionally aware of the risks. The formulation problem is Why togel gambling crimes are still prevalent in the community? And What is the consideration of the Judge in dropping the verdict against the perpetrators of the togel gambling crimes?. The type of research used is the normative legal research type. The approach method used a statutory approach. While technique collecting legal materials used by analyzing court decisions. In conclusion, the rising gambling in Indonesian society is due to one of the impositions of criminal sanctions against perpetrators who are too light. While the case The Verdict Number 23/PID.B/2020/PNBLI caused by economic and environmental factors involving Defendant Nyoman Pageh and is subject to a prison sentence of 5 months on charges of violating the provisions Article 303 paragraph (1) of the Criminal Code jo Article 2 of Law No. 7 of 1974. The judge's consideration verdict is based on the consideration of a juridical judge. As for the incriminating circumstances, his actions do not support the government's program in the eradication of gambling, while the circumstances that relieve is, the defendant regrets and promises not to repeat his actions again, the defendant behaved politely at the trial.
Pengangkatan Anak oleh Orang Tua yang Berbeda Keyakinan dengan Calon Anak Angkatnya Fransiska Maryl Agatha; I Ketut Widia; I Ketut Sukadana
Jurnal Preferensi Hukum Vol. 1 No. 2 (2020): Jurnal Preferensi Hukum
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

Adoption is a legal action to transfer custody of a child from a parent, legal guardian, or another person responsible for the care, education, and care of the child to the care of the adoptive parent. The adoption of children is generally carried out by married couples who cannot have children. Apart from a reproduction factor, there are a lot of other things encouraging adopting a child, one of them is compassion. This study aimed to examine the requirements for adoption based on PP. 54 of 2007 and the legal consequences of adopting children by adoptive parents of different beliefs from the prospective adopted children. This research is a normative legal research. Based on the results and discussion of this study, it was found that requirements for adoption based on PP. 54 of 2007 has been clearly regulated, and the detailed procedures and requirements for adoption have been regulated in Law No. 35 of 2014 concerning Child Protection with implementing regulations in the form of Government Regulation No. 54 of 2007 concerning the Implementation of Adoption and clear details in the Minister of Social Affairs Regulation No. 110 of 2009 concerning Requirements for Adoption of Children. In addition, adoption by prospective parents with different beliefs can be carried out by having a statement letter from the biological parents of the prospective adopted child stating that the child follows the beliefs of the adoptive parents. Whereas for homeless children a statement letter from the biological parents is made by the foundation or institution that accommodates the child.
Kesadaran Hukum Warga Masyakat terhadap Penegakan Hukum di Wilayah Perbatasan Negara Republik Indonesia dengan Negara Demokratik Timor Leste Simon Nahak; I Ketut Widia; Alarico Perman
Postgraduated Community Service Journal Vol. 1 No. 1 (2020)
Publisher : Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/pcsj.1.1.2020.1-11

Abstract

The aim of this community service is to find out the factors that cause the community's legal awareness of Law Enforcement in the border territory of the Republic of Indonesia with the Democratic State of Timor Leste and describe the Law Enforcement Practices that apply in each State as the basis for the strength of the law binding the community's legal awareness in the border territory of the Republic of Indonesia with the Democratic State of Timor Leste. This research method is Normative Juridical and Empirical Juridical (mix method). The types of data that support this research are primary data and secondary data. Factors that cause public legal awareness of law enforcement in the border territory of the Republic of Indonesia and the Democratic State of Timor Leste, are factors from within oneself, namely from their mind to obey the law and external factors due to the influence of family, environment, especially law enforcement practices. Law enforcement practices in the Republic of Indonesia through 2 (two) methods namely; Through Non-Litigation and Litigation methods.
Pemberdayaan Kerta Desa Anturan dalam Menyelesaikan Sengketa Tanah Untuk Investasi Pariwisata I Wayan Wesna Astara; I Ketut Widia; Simon Nahak; I Wayan Rideng; Putu Ayu Sriasih Wesna; Ni Made Mahendrawati
Postgraduated Community Service Journal Vol. 1 No. 1 (2020)
Publisher : Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/pcsj.1.1.2020.29-36

Abstract

Anturan Village, which is still included in the tourist area of North Bali, has enormous potential to be developed into an adat village-based tourist destination. This village, has a unique culture, religion and customs. The potential of the Anturan traditional village in particular has Kerta Desa a kind of traditional court that can reconcile civil disputes, in the indigenous Anturan community, especially those who are Hindu. This means that prior to the enactment of Indigenous Village Law No. 4 of 2019 concerning Indigenous Villages which obliged to form a Kerta Desa, the Anturan traditional village already had a Kerta Desa. The problem arises that, even though the Kerta Desa has authority in peace in adat villages based on adat law by making decisions in accordance with awig-awig and / perarem. In the Empowerment of Anturan Indigenous Village Empowerment there are problems namely: (1) legal issues related to tourism activities in Anturan Village cannot be comprehensively solved. (2) The form of Kerta Desa's relationship with Bendesa adat and community leaders in resolving tourism cases has not been synergistic so that the law can mean coexistence. (3) There is no Kerta Desa Empowerment model, in the context of state law enforcement and Balinese customary law. (4) The absence of kerta desa in tourism law enforcement is in accordance with the interests of the local community. Solution offered: (1) Existence of Policy Study on Empowerment of Village-based Tourism Village that involves the kerta desa in handling cases of traditional village land and land in the form of investment; (2) Increased knowledge and the existence of legal awareness in the management of traditional village-based Tourism Villages concerning land for investment purposes; (3) Able to develop the implementation of state law and customary law of Bali and tourism law to resolve the case of tourism investment in the traditional village of Anturan; (4) Can have a positive impact on society and can improve human resources, and the Kerta Desa in handling investment cases in tourism can apply the law in coexistence. The method used in the form of empowerment Kerta Desa with the pattern of assistance, FGD and find the real core of the problem. Legal issues are very complex, can find hidden problems in travel cases, and inventory problems and solve problems that arise with village officials, custom officers and indigenous community leaders in Anturan. Target outcomes to be achieved are publication of national journals / or proseding ISBN National publications, mass media publications, videos on broadcast activities. Activities in Empowering Anturan Indigenous Village Empowerment in resolving land issues in tourism investment by providing assistance and counseling to Kerta Desa, Prajuru Desa adat and community leaders who are relevant to Land Cases and investments in Anturan village.
The Role of the Village Head in Mediation of Land Issues for Investment in the Construction of a Medical Waste Treatment Plant: A Case Study in Pengambengan Village I Ketut Widia
Law Doctoral Community Service Journal Vol. 1 No. 1 (2022): Law Doctoral Community Service Journal
Publisher : Fakultas Hukum, Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55637/ldcsj.1.1.4431.48-53

Abstract

The dynamics of rejection of development as a large-scale investment almost always occurs and is carried out by some people. Likewise, when there is an issue of the construction or investment of a medical waste treatment plant in Pengambengan Village, immediately there are people who reject it in various ways and reasons. Indeed, there is often a distortion between the needs of the community and the wishes of investors. Therefore, it is necessary to have the ability of community leaders, religious leaders, especially the Village Head to be able to manage this land-based investment conflict properly, respectfully, and elegantly. The purpose of this study was to identify and understand the mediation technique carried out by the Village Head of Pengambengan and to understand the challenges and obstacles to the construction of a medical waste factory in Pengambengan Village. The theory used to analyze the problem is the theory of legal protection and the theory of salus populi supreme lex (public safety is the highest law). The research method used is qualitative legal research or sociological research. Presentation of data using a systematic description technique. The conclusion of this research is, The solution that is expected to be used to solve this problem is mediation in order to reach consensus between investors and the community. The last technique in conducting mediation is to ratify the agreed agreement, then carry it out according to what has been agreed. The inhibiting factor for this investment is public understanding, which still needs to be improved. While the supporting factors are, Pengambengan Village is indeed a special area for industry and this investment can improve the welfare of the community because it absorbs a lot of workers.
Co-Authors Alarico Perman Anak Agung Gde Bagus Mahendra Putra Budi Adnyana Dian Martina Octavia Edy Sukaryawan, Putu elisa wibowo Fatikhah Kismilarsih Feranika Anggasari Jayanti Fransiska Maryl Agatha Gede Irwan Agustian I Dewa Ayu Mira Pradewi I Gusti Ngurah Bagus Denny Hariwijaya I Kadek Betit Pranata Suma I Ketut Sukadana I Made Arjaya I Made Rusdiko I Made Suarja I Nyoman Putu Budiartha I Nyoman Semadiartha I Nyoman Srimurti I Nyoman Sujana I Wayan Arthanaya I Wayan Rideng I Wayan Wesna Astara Johannes Ibrahim Kosasih Made Putri Pradnya Parahita Ni Kadek Oktaviani Ni Ketut Sari Ardani Ni Ketut Sari Ardani Ni Luh Made Mahendrawati Ni Made Puspasutari Ujianti Putu Ayu Sriasih Wesna Putu Edy Sukaryawan Simon Nahak Simon Nahak Sugiartha, I Nyoman Gede