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RIGHT OF MALE HEIRS TO THE ORIGINAL FAMILY RELATED TO NYEBURIN’S MARRIAGE TO LAND RIGHTS IN PERSPECTIVE BALINESE LAW OF CUSTOMS Anak Agung Ngurah Mukti Prabawa Redi; I Made Suwitra; Putu Ayu Sriasih Wesna
NOTARIIL Jurnal Kenotariatan Vol. 6 No. 2 (2021)
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/jn.6.2.2021.78-88

Abstract

The marriage of nyeburin changes the position of women into purusa and men into pradana. Then in terms of inheritance, the priority in the nyeburin marriage is the woman, but the status of the man who becomes pradana is questioned when nyeburin marriage ends and the status of the man is returned to his family of origin. This study aims to analyze the inheritance rights of men who do nyeburin’s marriage on inherited land in their origin family and to analyze the implications of inheritance rights of men who do nyeburin’s marriage in right and obligations of origin family. The research method used is normative legal research. In addition, the data collection technique used is the library study technique. The results of this study revealed that (1) a man who does a nyeburin marriage will lose his right to inherit in his family of origin because of a change in his status to pradana in his wife's family. A man who does a nyeburin marriage will be considered to have left kedaton so that he has the same position as a woman who marries out. (2) Burden marriage has implications for the position of the husband so that here the husband follows the wife. The rights and obligations as husband and wife are still the same as in a normal marriage, only in a marriage where the wife's position is higher than that of the husband.
THE POSITION OF MULIH DAHA WOMEN IN INSTRUCTION AFTER DIVORCE IN PENARUNGAN VILLAGE, BADUNG, BALI Putu Emma Viryasari; I Nyoman Sujana; Putu Ayu Sriasih Wesna
NOTARIIL Jurnal Kenotariatan Vol. 6 No. 2 (2021)
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/jn.6.2.2021.58-64

Abstract

The Balinese customary law community recognizes kepurusa system; the status of boys is steady, while the status of girls changes, because women after marriage follow their husbands. On that basis, daughters in kepurusa system are never traced or taken into account in inheritance. The purpose of this study is to examine the legal status and the legal position of mulih daha woman in Penarungan Village, Mengwi, Badung, Bali. The method used in this study is an empirical method. Furthermore, this study was carried out by means of field studies, namely by conducting field observations and interviews with respondents and informants. Based on the analysis, the results of this study showed that the legal status of mulih daha woman is received through a procedure with acceptance by the family on a scale and a niskala ceremony is carried out, namely arranging piuning or notification to the ancestral gods that with a divorce from her husband, her daughter has returned to her parents and ask to be accepted back as a damuh or part of her parents' ancestral family so that she can be held accountable again one day when the woman experiences something related to banjar. The legal position of mulih daha women in inheritance is related to the kinship system adopted by the Hindu community in Bali, namely the patrilineal system (fatherhood) where only boys have the right to inherit while girls have no right to inherit but girls can only enjoy the property.
POTENTIAL CONFLICT OF LAND DEED IN THE PERSPECTIVE OF NOTARY POSITION I Made Pria Dharsana; I Nyoman Sumardika; Putu Ayu Sriasih Wesna; I Wayan Wesna Astara
NOTARIIL Jurnal Kenotariatan Vol. 6 No. 2 (2021)
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/jn.6.2.2021.112-120

Abstract

This study aims to find out the potential conflicts on Land Deeds made by Notaries and to find out Notary efforts in making Land Deeds to minimize potential land conflicts. The method used in this study is the normative legal research method. In addition, the statute approach, conceptual approach, and analytical approach are the approach used in this study. The results of this study showed that (1) potential conflicts on Land Deeds made by Notaries are due to Notaries in carrying out their positions tend to be in a dilemma which on the one hand must comply with legal provisions with a normative nature, and on the other hand, empirical facts are so complex and often cannot be handled and accommodated by regulations that tend to be rigid. This is because when carrying out its positions, the Notary must serve the client, while the client needs service without being too concerned with the regulations that bind the Notary. (2) Notary efforts in issuing Land Deeds to minimize the potential for Land Conflicts are required to examine the completeness of documents by applying the precautionary principle to protect the real owner and reduce conflicts in the land sector. The application of the precautionary principle of the Notary in producing the PPJB deed and the Lease Agreement deed to registered land rights to be registered at the Land Office must start from the stage before the deed, the stage at which the deed is made and the reading of the deed.
Doha Declaration sebagai Perlindungan Masyarakat atas Akses Obat Esensial di Negara Berkembang Pasca Trips Agreement Putu Ayu Sriasih Wesna
KERTHA WICAKSANA Vol. 14 No. 1 (2020)
Publisher : Fakultas Hukum, Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (633.3 KB) | DOI: 10.22225/kw.14.1.2020.56-62

Abstract

This study aims to examine the protective articles in TRIPs related to medicine and how the Doha Declaration has become very important for developing countries in overcoming the problem of access to essential medicines. This study uses normative legal methods with a statute approach and conceptual approach. The analysis shows that based on the provisions in TRIPs there are two flexibility as protective articles of TRIPs to Patents, especially in the field of medicines, namely Parallel Imports, Compulsory Licenses. This is as regulated further in the Doha Declaration of 2001. The compulsory licensing model is a model that provides more benefits to public access to cheap drugs, especially essential drugs. The Doha Declaration contains seven paragraphs which provide an interpretation of Articles 7 and 8 of the TRIPS Agreement. Paragraphs 1-3 are preamble or preamble to the declaration while Article 4-7 is the implementing article (operative). The Doha Declaration provides provisions that can help developing and underdeveloped countries to overcome the impact of patent protection on the health sector stemming from the TRIPS agreement such as parallel imports and compulsory licenses.
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 | Full PDF (2350.686 KB) | 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.
Ketahanan Usaha Kecil, Mikro Dan Menengah (Umkm) Dalam Masa Pandemi Covid 19 Melalui Pemasaran Online Instagram Putu Ayu Sriasih Wesna
Postgraduated Community Service Journal Vol. 1 No. 2 (2020)
Publisher : Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (1135.439 KB) | DOI: 10.22225/pcsj.1.2.2020.43-47

Abstract

The general problem that occurs in Sanding Village is based on the results of our visits to the community, especially in the field of micro, small and medium enterprises (MSMEs) that significant problems occur, including the lack of qualified workers to assist in the process of developing products produced by local communities. This happened because of the lack of interest in the community in cultivating home businesses or micro, small and medium enterprises (MSMEs) so that the people in Sanding Village mostly work as construction workers and other jobs, besides that due to the COVID-19 pandemic it is also an obstacle, because it automatically causes income. The community in this business has decreased due to reduced orders for their products, in addition to that another problem presented by business actors is the lack of reach in marketing their products due to a lack of knowledge about the use of gadgets and the internet, especially social media.
Memperkuat Pembangunan Sosial untuk Akselerasi Pembangunan Ekonomi dalam Masa Pandemi Covid 19 di Desa Sidakarya Putu Ayu Sriasih Wesna
Postgraduated Community Service Journal Vol. 2 No. 1 (2021)
Publisher : Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (1587.396 KB) | DOI: 10.22225/pcsj.2.1.2021.42-47

Abstract

Permasalahan umum yang terjadi di Desa Sidakarya, berdasarkan hasil kunjungan kami ke masyarakat khususnya dibidang usaha mikro, kecil dan menengah (UMKM) permasalahan signifikan yang terjadi antara lain kurangnya minat masyarakat untuk mengembangkan usaha rumahan atau usaha mikro kecil dan menengah (UMKM) karena sebagian besar adalah pedagang. Selain itu karena adanya pandemi COVID-19 juga menjadi kendala, karena otomatis menyebabkan pendapatan masyarakat dalam usaha berkurang karena pembeli berkurang, selain itu permasalahan lain yang dijelaskan masyarakat adalah kurangnya jangkauan dalam memasarkan produk, penerapan 6 M terkait pencegahan covid 19, dalam tingkat percepatan pembangunan di Desa Adat Sidakarya.
PKM KELURAHAN KESIMAN DALAM PENYELESAIAN PERMASALAHAN BANJIR DI LINGKUNGAN JALAN AKASIA Putu Ayu Sriasih Wesna; Toto Noerasto Noerasto; Kadek Windy Candrayana M.T
JURNAL ABDI DAYA Vol. 1 No. 2 (2021): November 2021
Publisher : JURNAL ABDI DAYA

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (1538.919 KB)

Abstract

The development of settlements in urban areas is getting higher, causing complex problems to arise. Population growth also affects the need for land. This condition occurs in a residential area on Jalan Akasia, Kesiman Village. There have been regulations in the form of Perda Perda No.27 of 2011 concerning Spatial Planning of Denpasar City of 2011-2031 and Perda of Denpasar City No. 5 of 2019 concerning buildings. The regulation regulates the Basic Building Coefficient (KDB) so that infiltration areas and canal boundaries are available to prevent construction that reduces the canal's dimensions. The current condition of settlements does not comply with these regulations so that the lack of infiltration areas impacts the occurrence of floods. As well as a reduction in the dimensions of the channel due to development by the community. To overcome these problems, it is necessary to socialize the application of development rules in the study area to obtain a picture of the problem from the regulatory side. Meanwhile, from a technical point of view, this PKM reviews the condition of the channel and flood points, which is then outlined in a map of the channel and flood area on Jalan Akasia, Kesiman Village. In terms of regulations, socialization needs to be carried out so that people are aware of the importance of implementing KDB and channel boundaries in correlation to flood events.
Perencanaan Penataan Jalan Akasia Guna Meningkatkan Kinerja Simpang Jalan Akasia - Jalan Akasia XVI Putu Ika Wahyuni; Putu Ayu Sriasih Wesna; I Wayan Muliawan
JURNAL ABDI DAYA Vol. 1 No. 2 (2021): November 2021
Publisher : JURNAL ABDI DAYA

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (997.741 KB)

Abstract

Warmadewa University is a large university in Bali which has 7 Faculties, Study Programs and Postgraduate Programs. Warmadewa University has tens of thousands of active students from all existing Study Programs. Currently Warmadewa University operation is still centered on Jalan Terompong Number 24, Denpasar and has 3 exits, namely the main Akasia Street, XVI Akasia Street, and Akasia Street which is Ex IKIP / Paud Erlangga. Development of Univ. Warmadewa, which was founded in 1984, has brought rapid changes to the surrounding lands, which used to be agricultural land, now a densely populated settlement, boarding houses for students, shop, photocopying, laundry, and others which are significant changes due to the Warmadewa Campus. The condition of economic development around Warmadewa University can be seen from the increase in the number of stalls and shops which has an impact on the density of parking and traffic around it. Increasingly, this condition is getting denser without being accompanied by improvements in road facilities which are the main challenges in this PKM. Furthermore, the solution that can be offered is to carry out the physical arrangement of Jl. Main Akasia and Akasia XVI with the hope of creating a smooth flow of traffic at the intersection of the Akasia road with jl. Akasia XVI so that Warmadewa University as the center of economic revival can also help the surrounding community.
The Legal Consequences of Debtor Transfer Carried out under the Agreement, House Ownership Loans Putu Ayu Sriasih Wesna; Ida Bagus Dwi Jusarata; Johannes Ibrahim Kosasih
Jurnal Hukum Prasada Vol. 9 No. 2 (2022): Jurnal Hukum Prasada
Publisher : Magister of Law, Post Graduate Program, Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (992.982 KB) | DOI: 10.22225/jhp.9.2.2022.86-97

Abstract

Mortgage agreements often find cases, including the transfer of rights to the mortgage object, namely the house, which is carried out under the hands of the debtor to another party before the mortgage is paid off without the knowledge of the bank. This research aims to examine the validity of the house sale and purchase agreement on house ownership loans (KPR), through the debtor transfer process and to examine the legal consequences of the transfer of debtors carried out under the hands of a mortgage agreement, and also to examine the efforts have been taken by the bank to overcome it. This research used normative legal research. The results of this research showed that the transfer of debtors in general can occur with the knowledge of the bank and without the knowledge of the bank (under the hands). It can be concluded that the debtor transfer process is a form of sale and purchase agreement made between the old debtor, who is still bound by the bank credit agreement, and the new debtor. The process of transferring debtors legally must be carried out between three parties, namely the bank, the old debtor and the new debtor. The debtor transfer process must meet the requirements for a valid credit agreement, which is based on Article 1320 of the Civil Code. If there is a transfer of the debtor without the knowledge of the bank, legal remedies must be taken by the new debtor by filing a lawsuit against the old debtor and the bank to the District Court. This decision from the District Court which has permanent legal force (inkracht) is evidence of the existence of an agreement between the old debtor and the new debtor, and can be the basis for the bank to submit certificates and other documents to the new debtor. In order to avoid problems in the future, people who want to transfer debtors to mortgages can do so after obtaining approval from the bank as creditor.
Co-Authors A. A. Ngurah Deddy Hendra Kesuma ABDULLAH, Aisudin ABDULLAH, Mohd Kamarulnizam Bin Agung, Anak Agung Istri Anak Agung Ayu Rai Agung Rene Dhariswari Anak Agung Istri Agung Anak Agung Ngurah Bhaskara Ananda Putra Anak Agung Ngurah Mukti Prabawa Redi Ananda Putra, Anak Agung Ngurah Bhaskara ANGGARINI, Komang Desy Arini, Desak Gde Dwi Arini, Desak Gde Dwi Bongon, Miel S. Budiartha, Nyoman Putu Daniswara, I Kadek Tedo Tamara Putra Desak Ade Devicia Cempaka Desak Gde Dwi Arini Dewisari, Carolina Gracia Dharmawan, I Made Alit Putra Edward Wijaya, Edward Erawati, Ni Putu Tina Ganawati, Nengah Gede Oscar Geovani Gianyar, I Made Hamam Febrian Cahaya I Gede Nyoman Carlos W. Mada I Gusti Ayu Pryanka Nindyaprasista Putri I Gusti Made Ngurah Bagus Andre Wedananta I Gusti Putu Dena Dharma Putra I Gusti Putu Ghosadhira Vedhastama I Kadek Merta Wijaya I Kadek Wahyu Fajar Sutoya I Ketut Irianto I Ketut Selamet I Komang Dodik Wijaya I Made Aditya Wira Sanjaya I Made Mardika I Made Pria Dharsana, I Made Pria I Made Suwitra I Made Suwitra I Made Suwitra I Made Suwitra, I Made I Nyoman Alit Puspadma I Nyoman Gede Sugiartha I Nyoman Putu Budiartha I Nyoman Putu Budiartha I Nyoman Sujana I Nyoman Sujana I Nyoman Sukandia I Nyoman Sumardika I Wayan Kartika Jaya Utama I Wayan Muliawan I Wayan Rideng I Wayan Sujana I Wayan Wesna Astara I Wayan Wesna Astara I Wayan Wesna Astara I Wayan Wesna Astara I Wayan Wesna Astara Ida Ayu Gede Wulandari Ida Ayu Putu Sri Astiti Padmawati Ida Bagus Dwi Jusarata Ida Bagus Kade Ari Dwi Putra Indah Permatasari Indra Bambang Istadevi Utami Rahardika Jayanti, Ni Nyoman Tri Johannes Ibrahim Kosasih Kadek Windy Candrayana Karma, Ni Made Sukaryati Ketut Putri Oka Suari Komang Vegayanthi Kosasih, Prof. Dr. Johannes Ibrahim Kusuma, Rizka Tiara Kusumantara, I Komang Arya Laksmi, Anak Agung Rai Sita Leonito Ribeiro Luh Made Mahendrawati Luh Made Mahendrawati Made Indira Sukma Dewi MAHENDRA, I Komang Arya Sentana Muliana, I Wayan Ni Gusti Ketut Sri Astiti Ni Gusti Ketut Sri Astiti Ni Komang Arini Styawati Ni Made Yunika Andrini Ni Made Yunika Andrini Ni Nengah Seri Ekayani Ni Putu Dewi Susilawati Ni Wayan Sukalandari Novyanti, Ni Wayan Regina NP Budiartha Nyoman Putu Budiartha Prabhawisnu, Anak Agung Gede Krisna Pradnyandari, Ida Ayu Anggita Puspadma, Dr. I Nyoman Alit Putra, Gede Bagus Andika Putra, I Putu Adi Adnyana Putu Budiartha, I Nyoman Putu Emma Viryasari PUTU IKA WAHYUNI Putu Wira Atmaja Putu Yudha Asteria Putri Raymundo, Carlos M. Ribeiro, Leonito Ryan Permana Wijaya Selamet, I Ketut Sentelices, Leovigildo C. Shicilya, Wanda Simon Nahak Souissa, Marsella Maurin Styawati, Ni Komang Arini SUGIANA, Surya Sujana, I Nyoman Sumardika, I Nyoman Suryani, Ni Luh Putu Manik Susanthi, I Gusti A.A. Dian Toto Noerasto Vibandor, Demosthenes B. Vibandor Villafuerte, Marcelo Roland C. widia, ketut Widiati, Ida Ayu Putu Wijaya, I Kadek Merta Wijayani, Putu Megabalinda Pradnya Yanti, Ni Kadek Putri Yasaputri, Ni Putu Widari