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All Journal Journal Equity of Law and Governance Jurnal Konstruksi Hukum Jurnal Interpretasi Hukum Jurnal Preferensi Hukum (JPH)
I Wayan Arthanaya
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Law, Crime, Criminology & Criminal Justice Social Sciences

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STRENGTHENING BALI TRADITIONAL LAW THROUGH WRITTING CUSTOMARY LAW OF TRADITIONAL VILLAGE I Made Suwitra; I Wayan Wesna Astara; I Ketut Kasta Arya Wijaya; I Wayan Arthanaya; Ni Putu Sawitri Nandari
Journal Equity of Law and Governance Vol. 1 No. 2
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/elg.1.2.3851.135-142

Abstract

The formulation of customary law norms for marriage and inheritance needs to be constructed through Awig-Awig (customary law) formulation to ensure legal certainty in strengthening Balinese customary law. The Awig-Awig formulation is a form of codification of Balinese customary law, which regulates traditional village members and their various activities, Parhyangan (temple) as a forum for village members to connect with Ida Sang Hyang Widi Wasa (God Almighty) and at the same time as a means of preserving Balinese culture, Palemahan (land) as a manifestation of the territory and at the same time as an area that becomes the foundation of the source of life and a foothold in living life until death in a harmonious relationship. In the development of the life of village members, which are always in process, it is necessary to confirm the arrangement through Awig-Awig formulation, such as in the field of membership of village members with their rights and obligations, marriage, inheritance with the intention of being enforced consistently and dynamically according to appropriate values ​​in a society that is always developing.
Implementasi Pengaturan Disiplin Kerja Pegawai Negeri Sipil pada Lingkungan Kantor Dinas Perpustakaan dan Kearsipan Kota Denpasar di Era New Normal Covid-19 I Putu Ade Setiadi; Ni Komang Arini Sityawati; I Wayan Arthanaya
Jurnal Konstruksi Hukum Vol. 4 No. 1 (2023): Jurnal Konstruksi Hukum
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/jkh.4.1.6021.67-72

Abstract

Implementasi pengaturan “disiplin kerja pegawai negeri sipil pada lingkungan kantor dinas perpustakaan dan kearsipan kota Denpasar di era new normal covid-19 diatur dalam Surat Edaran nomor 58 tahun 2020 tentang sistem Kerja Pegawai Aparatur Sipil Negara dalam Tatanan Normal baru, Sistem kerja ASN akan berbeda seperti sistem sebelumnya yakni dengan mengedepankan pencegahan penularan Covid-19. Penelitian ini bertujuan untuk meneliti bagaimanakah implementasi penetapan standar disiplin kerja terhadap pegawai negeri sipil pada lingkungan kantor dinas perpustakaan dan kearsipan kota denpasar ? dan bagaimanakah sanksi hukum terhadap pegawai negeri sipil yang melakukan tindak pelanggaran disiplin pada lingkungan kantor dinas perpustakaan dan kearsipan kota denpasar ? Metode penelitian yang digunakan adalah metode penelitian hukum empiris, serta sumber data primer dan sumber data sekunder. Peraturan Pemerintah No 94 Tahun 2021 dan Surat Edaran Nomor 800/2471/BKPSDM terdapat 3 klasifikasi sanksi hukum bagi pegawai pada Kantor Dinas Perpustakaan dan Kearsipan Kota Denpasar berdasarkan Peraturan Pemerintah Nomor 94 Tahun 2021 yaitu: pelanggaran disiplin ringan yang terdapat dalam Pasal 9”, pelanggaran disiplin sedang terdapat dalam Pasal 10, dan pelanggaran disiplin berat terdapat dalam Pasal 11
Pengawasan Orang Asing terhadap Pemberlakuan Bebas Visa Kunjungan pada Kantor Imigrasi Kelas 1 Khusus Ngurah Rai Ni Made Putri Kartika Jati; I Wayan Arthanaya; I Nyoman Sutama
Jurnal Preferensi Hukum Vol. 2 No. 1 (2021): Jurnal Preferensi Hukum
Publisher : Warmadewa Press

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Abstract

Free visit visa is a visa granted to foreigners upon arrival in Indonesia without paying a visa for a period of 30 days and cannot be extended. Visit visa free can be given at several Immigration Examination Sites (TPI) spread throughout Indonesia. The Ngurah Rai Special Class I Immigration Office personally supervises an Immigration Checkpoint, namely I Gusti Ngurah Rai International Airport. Regarding the implementation of a visit visa-free policy, the efforts made by the immigration ranks include: increasing the number of personnel, increasing supervision of landings and entry permits for foreigners, monitoring the use of residence permits by foreigners in various places, especially in the tourism sector and in various entertainment venues, there is cooperation between agencies in preventing prevention of visa-free use to minimize potential abuse of rules. The purpose of this study was to determine the application of visa-free policies at the Ngurah Rai Special Class I Immigration Office and to find out the legal consequences of the visa-free policy at the Ngurah Rai Special Class I Immigration Office. The research method uses empirical descriptive. The results of the study indicate that the application of a visa-free policy at the Ngurah Rai Special Class I Immigration Office is in accordance with the latest regulations, namely the Republic of Indonesia Presidential Regulation Number 21 of 2016 concerning Visit Visa Free. There are 169 countries around the world whose citizens can visit Indonesia without using a visa. It aims to improve bilateral relations, especially in terms of the tourism economy where the number of foreign tourists to Indonesia is targeted by the government of 20 million tourists by 2019. Legal Consequences Caused From Visa-Free Policies At the Ngurah Rai Special Class I Immigration Office, where according to one of the immigration functions is to select every intention of arriving foreigners, there are several cases of violations of law which can be easier to enter Indonesia such as foreign workers who work without complete permission in Indonesia.
Akibat Hukum Penebangan Hutan secara Liar Putu Ayu Irma Wirmayanti; Ida Ayu Putu Widiati; I Wayan Arthanaya
Jurnal Preferensi Hukum Vol. 2 No. 1 (2021): Jurnal Preferensi Hukum
Publisher : Warmadewa Press

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Abstract

Formerly the Indonesia forest rich in diversity and different kinds of populations in them but this time the forests of Indonesia into the world's endangered forests because of the result of the destruction of forests by cutting down trees in the wild. Wild forest logging becomes one of the factors of damage in forest area is currently logging the forest resulting in negative impact be bald. Although there are already rules governing logging prohibitions are still many wild is also the person who is doing the logging of trees in the forest are wild. The problem of this research is to 1) How is regulate about the prohibition on logging in wild? 2) How is the application of the sanctions for the perpetrators of the deforestation in the wild? Research methods used are normative, legal research methods with the study of the library of primary and secondary legal materials. Research results can be concluded that: 1) the prohibitions of wild forest logging is regulated in the law of forestry Number 41 Year 1999, Act No. 18 years 2013 on prevention and eradication of Forest Destruction and regulations Government forest protection Number 28-year 1985. 2) Penalties for perpetrators who commit illegal logging may include civil penalties, administrative sanctions and criminal sanctions. Of that society expected to care about the environment, because one of the causes of the occurrence of natural disasters, namely wild deforestation.
Penerapan Sanksi Pemerintahan pada PT. Mirtasari Development Putu Dyah Prastiti Sukma Febriany; Ida Ayu Putu Widiati; I Wayan Arthanaya
Jurnal Preferensi Hukum Vol. 2 No. 1 (2021): Jurnal Preferensi Hukum
Publisher : Warmadewa Press

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Abstract

Of natural resources is the primary object for any development Countries Indonesia, thus unwittingly slowly at least not among them triggering pollution and/or destruction of the environment. Therefore, the need for law enforcement that is reflected in the legislation. The problem of this research were: 1 a complaints handling procedure) how pollution and/or destruction of the environment? 2) How the application of sanctions to force the Government in pt. Mirtasari Hotel Development? The type of research and the approach used is the juridical problems of empirical and juridical sociological. Source material source materials used law of law of primary and secondary sources of law. Legal materials collection techniques are used namely study library and field. As well as legal materials collected processed and analyzed with the use of legal argumentation. As for the results of this research are the complaints handling procedures due to contamination and/or destruction of the environment will be followed up by agencies or institutions or the PPLHD PPLH advance has received complaints directly or not direct, which is then followed up with several stages, namely: the stages of the preparation, the implementation of field verification, data analysis, and final verification report the complaint. The application of administrative sanctions the Government at PT. Mirtasari Hotel Development was given by the Minister of the environment in the form of the action force to immediately complete the related permit temporary storage of waste, waste water disposal B3, B3 waste submission to third parties, as well as complement the facilities by the rules in the temporary storage of waste B3.
Penggelapan Penggunaan Jabatan di Lingkungan Perbankan dalam Menggandakan Rekening Bank Agus Wija Atmaja; I Nyoman Gede Sugiartha; I Wayan Arthanaya
Jurnal Preferensi Hukum Vol. 3 No. 2 (2022): Jurnal Preferensi Hukum
Publisher : Warmadewa Press

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Abstract

This study aims to analyze and describe the embezzlement of the use of positions in the banking environment in doubling bank accounts. With the development of human civilization and technology, traditional methods and procedures are no longer used in this crime of embezzlement. One of the most modern ways is embezzlement by duplicating bank accounts with other names. This, but from the same owner. According to his explanation, there are two main problems. Namely, the regulation of criminal acts and criminal sanctions for embezzlement against the dual use of bank accounts. This study uses a normative legal study using a legal conceptual approach. The findings show that Article 374 reflects the regulation of the crime of embezzlement by using authorized bank accounts, as well as other crimes where the crime of embezzlement is mostly the crime of embezzlement. Will be sentenced to five years in prison for embezzlement of bank accounts, which exacerbates other elements of criminal threats in accordance with Article 374 of the Criminal Code.
Tinjauan Yuridis terhadap Kuasa yang Diberikan WNI kepada WNA untuk Mengalihkan Hak atas Tanah A.A. Gede Cahya Pratama; I Nyoman Sumardika; I Wayan Arthanaya
Jurnal Konstruksi Hukum Vol. 1 No. 1 (2020): Jurnal Konstruksi Hukum
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/jkh.1.1.2120.1-6

Abstract

A representative institution takes possession of a unique characteristic since the legal consequences born by both the principal and the attorney in fact are divergent. This is why the attorney as a part of a representative legal institution in practice causes many problems. In terms of granting the attorney, what is done in practice is in opposition to the ordinary granting of power, in that, the intended attorney is given by an Indonesian citizen (hereinafter is WNI) to a foreign citizen (hereinafter is WNA) to transfer the title to land of an Indonesian citizen to the party who wants to purchase the land that has been controlled. In the study, there are two legal issues examined, the form of granting the attorney by Indonesian citizens to foreign nationals regarding the transfer of title to land and the legal consequences arising from the granting of the attorney. The results indicate that the granting of attorney is not in the form of a full action against what is granted to the attorney in fact by principal, but an act of attorney which is only an extension of the hand of the principal over what the principal wants in accordance with Article 1792 BW. The legal consequences arising from granting attorney from Indonesian citizens to foreign nationals are in full responsibility of the principal within predetermined limits. Every citizen needs pay serious attention to realising in the real actions the determination of not to transfer their ownership rights of lands to other parties outside of Indonesian citizens. This can be supported by the conducting a number of scientific studies related to the ownership of lands, including those related to anticipatory efforts towards it.
Kedudukan Alat Bukti Website dalam Penanganan Tindak Pidana Terorisme (Studi Putusan Nomor 140/PID.SUS/2018/PN.JKT.SEL) Gemaya Wangsa; Anak Agung Sagung Laksmi Dewi; I Wayan Arthanaya
Jurnal Konstruksi Hukum Vol. 1 No. 1 (2020): Jurnal Konstruksi Hukum
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/jkh.1.1.2145.130-134

Abstract

The development of information technology and correspondence resulted in a shift in the format of print media to digital media, so that this growth was followed by the continuation of the development of a new criminal class that rode digital media in criminal acts of terrorism. This study aims to determine the regulations for the use of website evidence and the position of using website evidence in handling terrorism crimes in case number 140 / Pid.Sus / 2018 / PN.Jkt.Sel. This research uses a normative legal exploration method whose data comes from the determination related to the use of website evidence in Article 184 of the Criminal Code. The results of the research show that the determination of the exploitation of website evidence, which when based on Article 184 of the Criminal Procedure Code, means that electronic material is not classified as an abash instructional device classification, but if it is based on statutory regulations in a special crime, the electronic evidence media has resistance as a valid evidence, this can be seen in the provisions of Article 5 paragraph (1) of the ITE Law which are reaffirmed in the provisions of Article 44 of the ITE Law. Utilization of electronic evidence in the process of evidence in court is sourced from website evidence in law enforcement for criminal acts of terrorism in the Case Number 140 / Pid.Sus / 2018 / PN.Jkt.Sel scandal. Criminal Procedure, especially Article 184 of the Criminal Procedure Code, but has a judicial guideline that the judge cannot refuse to explore and decide the matters brought against him, provided that the law is unclear or non-existent, then the judges' rules should expose the meaning of continued and continuous law in the consortium, up to the provisions as contained in the ITE Law which regulates electronic instruction instruments as valid instruction devices.
Implementasi PERMENDIKBUD No. 14 Tahun 2018 terhadap Peneriman Peserta Didik Baru Berdasarkan Zonasi Sekolah Ni Komang Rai Widhyaningsih; I Wayan Arthanaya; Luh Putu Suryani
Jurnal Interpretasi Hukum Vol. 1 No. 1 (2020): Jurnal Interpretasi Hukum
Publisher : Fakultas Hukum, Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/juinhum.1.1.2205.167-172

Abstract

Education is something that is important can provide knowledge that can improve the characteristics of life, both in personal life, community life, and state life. A New Student Admission, often referred to as PPDB, isan annual activity which is the selection stages for prospective new students organized by school-level committees under the supervision and coordination of the Office of Education. This year, PPDB uses a new system, the zoning system, which aims to equalize students. The purpose of this study was to describe how the implementation of Permendikbud number 14 in 2018 and what are the factors inhibiting the implementation of Permendikbud number 14 in 2018 on the admission of new students based on zoning. This research was designed using an empirical legal research approach. The results of this study indicated that the implementation of Permendikbud No. 14 of 2018 in High Schools / Kejuraan especially in the South Kuta area has not been running effectively because there was one school that received protests from students' parents which resulted in the process of hiring new students being hindered. In addition, this study also showed that the inhibiting factors for the implementation of Permendikbud No. 14 of 2018 on the admission of new students based on zoning consisted of internal factors, namely the committee was less selective in examining student requirements and the application provided was experiencing interference, and external factors namely location, community mainset, and domicile certificate.
Peran Polisi Kehutanan dalam Perlindungan Satwa Liar (Studi Kasus di Balai Konservasi Sumber Daya Alam Bali) Komang Gede Pramantara; I Made Minggu Widyantara; I Wayan Arthanaya
Jurnal Interpretasi Hukum Vol. 3 No. 1 (2022): Jurnal Interpretasi Hukum
Publisher : Fakultas Hukum, Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/juinhum.3.1.4741.182-187

Abstract

Irresponsible actions that can cause damage to nature reserves and conservation areas where there is rampant hunting of protected wildlife that can damage the ecosystem. Forestry Police at the Natural Resources Conservation Center as law enforcers who have the duty and authority to protect and implement forest, plant and animal security. The purpose of this research is to address the causes of wildlife violations in Bali's natural resource conservation areas, as well as to find out how the role of the forest police from the Bali Natural Resources Conservation Center is in protecting wildlife in Bali's natural resource conservation areas. The research uses empirical research methods using a sociological juridical approach. The form of data used is Primary, Secondary, and Tertiary data. To find out the results in this study, data analysis using qualitative methods. The results of this study indicate that the Forestry Police who are at the Bali BKSDA carry out patrols and monitoring in nature, protect the community, install warning boards, make captive areas, coordinate with related agencies and carry out socialization.
Co-Authors A.A. Ayu Wulan Pramesti A.A. Gede Cahya Pratama Agus Wija Atmaja Dewi, A.A Sagung Laksmi Gemaya Wangsa I Gusti Ngurah Ananta Wardana I Made Adi Karsa I Made Minggu Widyantara I Made Suwitra I Nyoman Gede Sugiartha I Nyoman Sumardika I Nyoman Sutama I NYOMAN SUTAMA I Putu Ade Setiadi I Wayan Wesna Astara Ida Ayu Putu Widiawati Klaustra Adhi Permana Komang Gede Pramantara Made Widya Sekarbuana Ni Komang Arini Sityawati Ni Komang Rai Widhyaningsih Ni Made Putri Kartika Jati Ni Putu Sawitri Nandari NM Jaya Senastri Putu Ayu Irma Wirmayanti Putu Dyah Prastiti Sukma Febriany Putu Suryani . suryawan, Gusti Bagus Widiati, Ida Ayu Putu