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All Journal JURNAL MAGISTER HUKUM UDAYANA SOROT: Jurnal Ilmu-ilmu Sosial DiH : Jurnal Ilmu Hukum Jurnal Komunikasi Hukum International Journal of Law Reconstruction Syntax Literate: Jurnal Ilmiah Indonesia Substantive Justice International Journal of Law Jambe Law Journal Udayana Journal of Law and Culture JURNAL PENDIDIKAN TAMBUSAI Sociological Jurisprudence Journal Jurnal Ilmu Hukum The Juris Unes Law Review Jurnal Hukum Prasada Pena Justisia: Media Komunikasi dan Kajian Hukum Jurnal Ilmiah Dinamika Sosial PERSPEKTIF Didaktik : Jurnal Ilmiah PGSD STKIP Subang Jurnal Analisis Hukum JIHAD : Jurnal Ilmu Hukum dan Administrasi International Journal of Business, Law, and Education International Journal of Research in Community Services Jurnal Hukum Saraswati ARRUS Journal of Social Sciences and Humanities Journal Equity of Law and Governance Locus: Jurnal Konsep Ilmu Hukum AKADEMIK: Jurnal Mahasiswa Humanis Journal of Law, Poliitic and Humanities Al-Zayn: Jurnal Ilmu Sosial & Hukum Jurnal Legislasi Indonesia Consensus : Jurnal Ilmu Hukum
Budiana, I Nyoman
Universitas Pendidikan Nasional
Religion Arts Humanities Economics, Econometrics & Finance Education Energy Engineering Environmental Science Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Neuroscience Physics Public Health Social Sciences Other

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Analisis Yuridis Kedudukan Perempuan dalam Hak Waris Rumah Tinggal Berdasarkan Hukum Adat Bajawa, Nusa Tenggara Timur Maria Safira Age Djaga; Budiana, I Nyoman; Nandari, Ni Putu Sawitri; Prasada, Dewa Krisna
Al-Zayn: Jurnal Ilmu Sosial, Hukum & Politik Vol 4 No 2 (2026): 2026
Publisher : Yayasan pendidikan dzurriyatul Quran

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61104/alz.v4i2.4969

Abstract

Penelitian ini bertujuan untuk menganalisis kedudukan hukum perempuan dalam memperoleh hak waris atas rumah tinggal menurut hukum adat Bajawa di Bajawa, Kabupaten Ngada, Nusa Tenggara Timur, serta mengidentifikasi faktor-faktor yang memengaruhi dan membatasi hak waris tersebut. Penelitian ini menggunakan metode yuridis empiris dengan pendekatan fakta dan pendekatan sejarah. Data primer diperoleh melalui wawancara dengan tokoh adat (mosalaki), tokoh agama, kepala desa, serta perempuan yang pernah menerima warisan rumah tinggal. Data sekunder diperoleh melalui studi kepustakaan terhadap peraturan perundang-undangan dan literatur yang relevan. Hasil penelitian menunjukkan bahwa masyarakat adat Bajawa menganut sistem kekerabatan matrilineal yang menempatkan perempuan, khususnya anak perempuan pertama, sebagai penerus utama rumah tinggal keluarga. Perempuan memiliki hak genealogis atas rumah adat, sementara laki-laki berperan dalam pengelolaan dan perlindungan rumah adat tersebut. Namun demikian, hak tersebut tidak bersifat mutlak karena dipengaruhi oleh faktor sosial seperti sistem stratifikasi sosial (rang), perkawinan endogami, pengakuan keluarga, serta legitimasi adat. Selain itu, terdapat perbedaan pandangan mengenai kedudukan anak di luar kawin dalam pewarisan rumah tinggal. Secara keseluruhan, hukum adat Bajawa memberikan legitimasi sosial yang kuat terhadap hak perempuan atas rumah tinggal, meskipun belum memiliki kepastian hukum formal karena tidak dikodifikasi secara tertulis.
Fighting Hoax and Hate Speech by Strengthening The Spirit of Pancasila in Preventing Disintegration of The Nation I Nyoman Budiana; I Made Warta
Sociological Jurisprudence Journal Vol. 2 No. 2 (2019)
Publisher : Fakultas Hukum, Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/scj.2.2.1195.101-107

Abstract

The notion of democracy is used by most of the countries in the world as a foundation in managing the country, it is also the choice of Indonesia after the reformation period in 1998 as stated in the amendment of the 1945 Constitution. Through democracy, people can control the government administration so that the government does not act arbitrarily. With democracy, people are also given the opportunity to participate in all aspects of development, guaranteed the freedom of association / assembly to express opinions on various matters in the government administration in accordance with the constitutional corridor. In practice, after 2 (two) decades of reformation, freedom in democracy has become an act that exceeds the limit. In the national life order in Indonesia today, there have been various hoaxes (false information), utterances of hatred on social media, anarchic behavior occurring in various places, even radicalism movements which allegedly want to destroy the ideology of Pancasila and replace it with other ideologies. In this study, there are two problems that will be discussed, namely legal policy in the prohibition of hoaxes and hate speech and the ideology of Pancasila in the prevention of hoaxes and hate speeches. Legal policies in the prohibition of hoax and hate speech are regulated in Article 28 paragraph (1) of Law Number 11 Year 2008 concerning Information and Electronic Transactions. Prohibition of hoaxes and hate speeches is also carried out in various laws and regulations in other countries. Hoaxes and hate speeches threaten the integrity of Indonesia. Therefore, to guard and care for the Republic of Indonesia to remain based on the ideology of Pancasila, the nation's commitment to defend Pancasila as a state ideology must be able to actualize the noble values contained in the principles of Pancasila in life as well as possible and committed to fight hoax, utterances of hatred, anarchic actions and radicalism by strengthening the spirit of Pancasila for every Indonesian person and encouraging various government agencies to uphold the concept of the rule of law in preventing the disintegration of the nation.
Researching Social Change in Bali Indigenous Marriage Private I Nyoman Budiana; Made Oka Cahyadi Wiguna
Sociological Jurisprudence Journal Vol. 4 No. 2 (2021)
Publisher : Fakultas Hukum, Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/scj.4.2.2021.75-85

Abstract

This article wants to understand and analyze the phenomenon of Balinese customary life arrangements related to changes in marital procedures. To be able to produce accurate findings, social phenomena are examined in detail and in-depth through qualitative research, with a phenomenological paradigm. With this paradigm the results are obtained in the form of empirical data and in-depth understanding relating to variations in categories, properties, and attributes related to the changing phenomena of cultural traditions and adat ngerorod marriage. In detail the findings generated that in social reality, the indigenous Balinese have constructed changes in the pattern of marriage from the way of ngerorod or selarian (running together) to switch to the memadik or propose, because the pattern of memadik or ask is seen to better reflect equality and justice in society. The rationale that drives is the existence of a reaction to discriminatory customary norms; innovative faith-based constructive thinking; increasing the level of education and parental-bilateral kinship thinking. Memadik marriage by means of marriage or marriage, implies a marriage as a result of the construction of modern society.
Implementing the Authority of the State’s Attorney in Legal Assistance in Handling Covid-19 in Denpasar City I Nyoman Budiana; Leo Liusiana
Sociological Jurisprudence Journal Vol. 6 No. 1 (2023)
Publisher : Fakultas Hukum, Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/scj.6.1.2023.22-32

Abstract

The emergence of a disease outbreak, namely Corona Virus Disease 2019 (Covid-19) in most countries in the world, has caused various problems, not only in the health sector but also in the economic, political and socio-cultural fields. This study aims to analyze the attorney’s authority in providing legal assistance and examine various factors that support and hinder the handling of Covid 19 in Denpasar City. The research design used is a normative juridical approach with a statutory law approach, an analytical and conceptual approach and several facts collected from informants as support and qualitative descriptive juridical analysis was used to obtain adequate and accurate results. The result shows that the implementation of legal assistance to policies in the framework of accelerating the handling of Covid 19 and the National Economic Recovery program by the State’s Attorney of Denpasar District Attorney was carried out well and effectively. The factors that support the implementation of the legal assistance are the clarity of the legal basis used by the prosecutor’s office in carrying out its functions and the fast and active response from the applicant, namely some agencies in Denpasar City. While the inhibiting factors include the reporting process provided by the applicant to the attorney’s office is still slow, the limited number of members of the State’s Attorney with authority as public prosecutors must continue to be carried out within the framework of law enforcement.
Balinese Customary Law Perspective on The Existence of Adopted Children I Nyoman Budiana; I Gede Putu Agus Wistama Putra
Sociological Jurisprudence Journal Vol. 7 No. 2 (2024)
Publisher : Fakultas Hukum, Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/scj.7.2.2024.84-89

Abstract

This research was conducted to find out what the inheritance rights of adopted children are regarding the existence of the inheritance of their adoptive parents according to Balinese customary law and what the position of adopted children is in the adoptive parents’ family according to Balinese customary law. The method in this research is descriptive legal research. Secondary legal materials are obtained from the results of literature reviews, books, statutory regulations, archives, and other materials or sources supporting this research. The results of the discussion are: 1) the inheritance rights of adopted children over the inheritance of adoptive parents according to Balinese customary law, namely, if the adopted child has carried out the Yadnya ceremony with meperas, the adopted child has the same position as the biological child and the adopted child has the right to inherit in his adoptive family. 2) The adopted child’s position towards the adoptive parents’ family according to Balinese customary law that the adopted child has the right to inherit as an heir like a biological child. The adopted child has no right to inherit the property inherited from his biological parents because his family relationship was severed at the time of the pemerasan ceremony.
Revealing the Legal Protection of Patients Social Security Administration Agency of Health in Sanglah and Balimed Hospitals Denpasar RA Tuty Kuswardhani; I Nyoman Budiana
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.7.2.2020.102-110

Abstract

Social Security Administration Agency of Health has a National National Health Insurance formulary, but in reality patients do not get drugs according to the National Health Insurance National Formulary. Therefore, the aims of this study are to determine the legal protection of patients of the Social Security Administration Agency of Health for the elderly in curative therapy in hospitals according to the national formulary of National Health Insurance at Sanglah Hospital and Balimed Hospital, and to know the responsibilities undertaken by the Social Security Administration Agency of Health in fulfilling its obligations for patients the Agency for the Implementation of the Social Health Insurance of the elderly in curative therapy in accordance with the national formulary of the National Health Insurance. This study uses a participatory observational (empirical-observational) empirical legal research method. Sampling with purposive sampling and data collection techniques using triangulation techniques. In principle, legal protection must refer to legal certainty, fairness and benefits for the population participating in the Social Security Administration Agency of Health for the elderly so that it is not impressed that Balimed Hospital and Sanglah General Hospital and the Social Security Administration Agency of Health make a service to consumers who are not good. The legal responsibility that should be obtained by the participants of the Social Security Administration Agency of Health for the elderly in Balimed Hospital and Sanglah Hospital Denpasar which is currently not maximally received by patients participating in the Social Security Administration Agency of Health for the elderly at Balimed Hospital and Sanglah Hospital.
Regulation of Land Lease Rights Period for Foreign Citizens in Indonesia Putu Rosa Paramitha Dewi; I Nyoman Budiana
Jurnal Hukum Prasada Vol. 8 No. 1 (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.8.1.2021.44-55

Abstract

Many foreigners have come and lived in Indonesia. This results in the increasing need for land and buildings for foreigners to be used as a residence. Foreigners are not allowed to have ownership rights over land in Indonesia, however, in this case, the law provides rights for foreigners to own land in Indonesia, but limited to Right of Use and Leaseholds for Buildings. This absence of UUPA has the potential to lead to smuggling of laws, because the lease period granted to foreign citizens is not limited so that foreign citizens can stay in Indonesia for a very long. If the land is fully controlled by foreign citizens or for a long period of time, it is feared that the people's welfare will decrease in the management of the land. Therefore, this study aims to analyze the legal of land right for foreign citizens in Indonesia and the regulation of the period of land lease right for foreign citizens in Indonesia. The type of research used is a normative juridical research through a statutory approach, a case approach, and a conceptual approach. A foreign legal entity wishing to have Building Use Rights (HGB) must fulfill two elements, namely that it is established according to Indonesian law and domiciled in Indonesia, must exist. Besides that, regulation for the period of land lease rights for foreigners have not been regulated in land-related regulations in Indonesia so that there is a vacuum of norms.
JURIDICAL ANALYSIS ON THE LEGAL CHOICE CLAUSE AND DISPUTE SETTLEMENT IN THE FRANCHISE AGREEMENT Giovanni Melianus T; I Nyoman Budiana; Sheanny Scolastika
Journal Equity of Law and Governance Vol. 1 No. 1
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/elg.1.1.3243.37-47

Abstract

Collaboration in the trade sector both at the national and international levels in the form of a franchise looks simple, but behind it, there are various problems that require attention from both the public or parties as well as from the Indonesian government. This is because the franchise agreement conducted by the parties often involves foreign parties who have a different legal system from Indonesia. This situation has the potential to create a conflict of law. Therefore, this study aims to provide legal solutions to disputes that may occur between the franchisor and the franchisee so that neither parties is burdened because of the lack of laws covering it. Normative legal research is used to analysis the problem of this research. The data source of this research uses primary legal materials and secondary legal materials related to clauses in the franchise agreement. Likewise, for the settlement of disputes on an agreement that has not yet determined the choice of law, several theories in international civil law can be used, such as the lex loci contractus theory, the lex loci solutionis, the proper law of contract, and the theory of the most characteristic connection to find laws that should apply (lex cause) For the settlement of legal disputes (conflict of law), especially in franchise agreements, the settlement of disputes does not have to go through litigation or court but can be resolved through Alternative Dispute Resolution (ADR) including arbitration institutions, which have the advantage of solving them, namely efficiency ( cost and time).
Legal Actions Against Default in the Delivery of Goods Agreement at PT On Time Express Branch Office Bali Dewa Putu Adi Putra; I Nyoman Budiana
Journal Equity of Law and Governance Vol. 2 No. 1
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/elg.2.1.4853.15-23

Abstract

On Time Express is a foreign investment company engaged in land, sea and air transportation services. Also called financing companies for goods delivery services, namely business entities outside banks and non-bank financial institutions that are specifically for carrying out economic activities in delivering goods and services. The work contract system is implemented based on the principle of trust as a service provider, a standard agreement is written based on the principle of freedom of employment contract made by PT. OnTime Express. That is, both parties, both service providers and consumers, together and agree to make a work contract agreement. But in reality, the work contract agreement as a service provider in its operations is not uncommon for problems that arise due to unexpected results between the parties. The consumer is unable to fulfill the contents of the agreement as agreed in the initial agreement resulting in a breach of contract. This must be resolved to maintain a good relationship and balance between rights and obligations according to the mutually agreed agreement. The purpose of this paper is to provide accountability for consumers and understanding in resolving violations of employment contract issues. This paper was written using empirical methods and data analysis techniques that are descriptive analytical. Based on research on the contract of delivery of goods, there are still many contract violations in PT. On Time Express by consumers. Most of the breaches of contract issues are resolved by non-litigation methods, which are negotiation and mediation.
Legal Protection for Property Tenants Against the Sale of Rented Property by the Owner to A Third Party I Nyoman Sukarna Wijaya; I Nyoman Budiana
ARRUS Journal of Social Sciences and Humanities Vol. 6 No. 2 (2026)
Publisher : PT ARRUS Intelektual Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35877/soshum4710

Abstract

The transfer of ownership of a property still under lease often gives rise to disputes between the tenant and the new buyer. The main issue lies in the legal status of the lease agreement after the leased object is transferred and the extent of legal protection provided to the tenant. This article aims to analyze the legal status of the lease agreement after the transfer of ownership and examine the judge's considerations in Decision Number 1127/Pdt.G/2022/PN.Dps. This research is a normative juridical study with a statutory and conceptual approach. The primary legal materials are the Civil Code and court decisions, while the secondary legal materials come from relevant journals and legal literature as stated in the research manuscript. The results of the study indicate that based on Article 1576 of the Civil Code, the sale of a leased object does not terminate a previously established lease relationship, unless otherwise agreed. The Panel of Judges declared Lease Agreement No. 01 dated January 3, 2018, valid and binding and provided legal protection in the form of fulfillment of the agreement. This decision reflects the application of the principles of pacta sunt servanda, the principle of good faith, and the theory of preventive and repressive legal protection. Normatively and theoretically, protection for tenants is a manifestation of legal certainty, justice, and benefit in the practice of property agreements in Indonesia.
Co-Authors Anak Agung Ayu Intan Puspadewi Anak Agung Ayu Ngurah Sri Rahayu Gorda Anak Agung Ayu Ngurah Tini Rusmini Gorda Anak Agung Gde Rahmadi Anak Agung Ngurah Eddy Supriyadinata Gorda Antari, Putu Eva Ditayani Aptaningsih, Ni Made Indah Arif Budiman Lubis Ayu Meitrisnawati, Ni Komang Desak Putu Rini Larashati Subagia Dewa Putu Adi Putra Dewa Putu Adi Putra Dewi Bunga, Dewi Disantara, Fradhana Putra Djaga, Maria Safira Age Driptayanti, Ni Kadek Fridayanthi, Putu Pande Nathasya Gde Wahyu Marta Gunadi Gede Eka Rusdi Antara Giovanni Melianus T gorda, tini rusmini Gunadi, Gde Wahyu Marta Gusmana, I Putu Gede Radithya Gusti Ayu Eviani Yuliantari I Gede Agus Kurniawan I Gede Gatot Kasmariadi I Gede Putu Agus Wistama Putra I Gusti Agung Mas Triwulandari I Gusti Ayu Eviani Yuliantari I Made Warta I Made Warta I Made Wirya Darma I Nyoman Dharma Wiasa I Nyoman Subanda I Nyoman Sukarna Wijaya I Putu Edi Rusmana I Putu Wisnu Dharma Pura I Wayan Joniarta I Wayan Suderana Ida Ayu Sadnyini Ida Bagus Bujangga Pidada Kastu Suardana Jayantara, I Ketut Abdi Juliani, Kadek Eni Kadek Januarsa Adi Sudharma Kadek Julia Mahadewi Leo Liusiana Made Arya Prasetya Wibawa Made Oka Cahyadi Wiguna Maria Safira Age Djaga Melianus T, Giovanni Narwadi, N Agus Adyatma Ni Kadek Lira Ayu Trisna Ni Kadek Nadya Putri Maharani Ni Ketut Ananda Putri Pramessy Ni Ketut Elly Sutrisni, Ni Ketut Elly Ni Luh Putu Putri Prami Dewi Ni Luh Putu Rita Sukmawati Ni Nyoman Juwita Arsawati Ni Nyoman Nadiari Ni Nyoman Nityarani Sukadana Putri Ni Putu Eva Ditayani Antari Ni Putu Sawitri Nandari Ni Wayan Diah Sukmadewi Novi Mardihana Sari Nur Anisa Nutakor, Briggs Samuel Mawunyo Oktaviani. M, Masrianti Pande Ketut Ratih Widhiadnyani Prasada, Dewa Krisna Purnamawan, I Gede Puspadewi, Agung Ayu Intan Putra, I Gusti Agung Wahyu Artha Kusuma Putri Ramadhani, Faradhina Zahra Putri Sukadana, Dewa Ayu Putu Aras Samsithawrati Putu Divia Iswara Putu Rosa Paramitha Dewi R. A.T. Kuswardhani Rama, Bagus Gede Ari Riski Wahyudi, Anak Agung Ngurah Rusdi Antara, Gede Eka Sabathian Poedjiarso, Benhard Okta Sadnyini, Ida Ayu Sanjaya, Sang Putu Adi Scolastika, Sheanny Sheanny Scolastika Suardana, I Nyoman Alit Sukadana, Dewa Ayu Putri Sukmawati, Ni Luh Putu Rita Veronika Frinka Rambo Warta, I Made Wesnala, I Made Andika