Article Per Year (5 Year)
p-Index From 2021 - 2026
0.61
P-Index
This Author published in this journals
All Journal KRTHA BHAYANGKARA JUDGE: Jurnal Hukum JICL
Ni Luh Sukma Imagy
Universitas Hindu Indonesia
Law, Crime, Criminology & Criminal Justice

Published : 3 Documents Claim Missing Document
Claim Missing Document
Check
Articles

Found 3 Documents
Search

 1 
Dilema Status Keperdataan Anak Hasil Gestational Surrogacy dalam Hukum Adat Bali: Studi Sinkronisme antara UU Kesehatan dan Asas Kapurusa : The Dilemma of the Legal Status of Children Born via Gestational Surrogacy under Balinese Customary Law: A Study of the Synchronisation between the Health Act and the Principle of Kapurusa Ni Putu Ega Parwati; Ni Ketut Sari Adnyani; I Gusti Ayu Apsari Hadi; Ni Komang Irma Adi Sukmaningsih; Ni Luh Sukma Imagy
Journal of Indonesian Comparative of Syari'ah Law Vol. 9 No. 1 (2026): Journal of Indonesian Comparative of Syari'ah Law (JICL): Jurnal Perbandingan H
Publisher : Journal of Indonesian Comparative of Syari'ah Law

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21111/jicl.v9i1.22

Abstract

This study aims to analyze the synchronicity of the civil status regulations of children resulting from gestational surrogacy (womb rental) and examine the legal standing of the child in the Kapurusa inheritance system in Bali to ensure legal certainty for Sentana. The main problem in this study is the antinomy of norms between Article 154 of Law Number 17 of 2023 concerning Health which prohibits surrogacy with the principle of Mater Semper Certa Est (the mother is the one who gives birth) in the Civil Code, which has implications for the uncertainty of the child's genetic identity. In addition, there is a dilemma in Balinese customary law where the process of birth through another woman's womb is considered to cause the status of Cemer (impure) which can revoke the child's inheritance rights as a successor to the male line (Purusa). This research is a juridical-normative legal research with a statute approach and a conceptual approach. Primary and secondary legal sources are analyzed qualitatively-normatively with a deductive thinking pattern. The research findings show that Indonesian positive law remains bogged down in the formalities of the birth process, thus severing the civil relationship between a child and its genetic mother. In Balinese customary law, children resulting from surrogacy can gain legitimacy as legitimate Sentana through a legal discovery mechanism, namely by integrating scientific evidence (DNA) into a customary village decree (Pararem) and followed by a special purification ritual (Prayascita or Pebayuh) to neutralize anomalies in the birth process. This reconstruction is crucial to protecting children's human rights and inheritance rights amidst the disruption of modern medical technology..
Kepastian Hukum atas Perubahan Status Sentana Perasan dari Predana ke Purusa dalam Sistem Kewarisan Adat Bali Ida Bagus Gede Wahyu Pratama; Komang Arya Mukti Maruti; Ni Luh Sukma Imagy
Judge : Jurnal Hukum Vol. 6 No. 10 (2026): Judge : Jurnal Hukum
Publisher : Cattleya Darmaya Fortuna

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54209/judge.v6i10.2322

Abstract

The patrilineal kinship system (purusa) in Balinese customary law places the son as the central successor of the family who bears the rights to the property (swadikara) as well as the social and spiritual obligations (swadharma). A dynamic occurs when the dissolution of marriage reverts the woman's status to predana, which implies the threat of a severed lineage (putung) in the maternal grandfather's family. This normative legal research uses statutory and conceptual approaches to analyze the institutionalization of grandchild adoption (sentana perasan) as a solution to this legal impasse. The results indicate that the adoption of a grandchild is a form of structural adaptation to achieve family preservation. This status transition requires the absolute severance of legal ties from the biological father (megat sot) and is legitimized through the pemerasan ceremony. Based on Supreme Court Jurisprudence and the Decree of the Great Assembly III of the Bali Customary Village Council (MDA) in 2022 Number: 04/KEP-PSM.III/MDA-BALI/XII/2022, the grandchild obtains an exclusive kepurusa position and absolute inheritance rights in the maternal grandfather's family. Simultaneously, this mechanism provides legal certainty by nullifying the dual membership status and inheritance rights from the family of origin, thereby maintaining civil order and the cosmic balance of the customary society.
Settlement of Intellectual Property Disputes through Arbitration in Indonesia Gede Aditya Pratama; Ni Luh Sukma Imagy; Ni Komang Darmiati; I Nyoman Tri Darma Gunawan
KRTHA BHAYANGKARA Vol. 18 No. 3 (2024): KRTHA BHAYANGKARA: DECEMBER 2024
Publisher : Fakultas Hukum Universitas Bhayangkara Jakarta Raya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31599/krtha.v18i3.2206

Abstract

The continual advancement of technology and the expanding array of human needs have fuelled significant growth within the trade sector, particularly in intellectual property (IP) domains. This growth is evidenced by a marked increase in intellectual property registrations, which play a pivotal role in the trade sector. The surge in registrations, including trademark, copyright, patent, and industrial design sectors, has correspondingly led to a rise in intellectual property disputes. While these disputes traditionally find resolution within Commercial Courts, alternative mechanisms such as mediation and arbitration have gained prominence. The World Intellectual Property Organization (WIPO) oversees a specialized institution for mediation and arbitration, namely the WIPO Mediation and Arbitration Centre. Indonesia similarly hosts its own institution dedicated to resolving intellectual property disputes, the Intellectual Property Arbitration and Mediation Agency (BAM HKI), established in 2011. Arbitration mechanisms prioritize privacy, efficiency, and expediency in resolving intellectual property disputes compared to Commercial Courts. Consequently, the presence of arbitration institution offers a viable alternative dispute resolution mechanism favoured by involved parties.
Co-Authors Gede Aditya Pratama I Gusti Ayu Apsari Hadi I Nyoman Tri Darma Gunawan Ida Bagus Gede Wahyu Pratama Komang Arya Mukti Maruti Ni Ketut Sari Adnyani Ni Komang Darmiati Ni Komang Irma Adi Sukmaningsih Ni Putu Ega Parwati