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All Journal Jurnal Hukum Saraswati Jurnal DIALEKTIKA : Jurnal Ilmu Sosial Vyavahara Duta
Benyamin Tungga
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Religion Humanities Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice Social Sciences

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NGANTEN KERIS SEBAGAI SALAH SATU UPAYA MEMBERIKAN KEPASTIAN HAK WARIS ANAK DALAM PERSPEKTIF HUKUM ADAT BALI Pasek Suryawan; Benyamin Tungga; Putu Eka Trisna Dewi
VYAVAHARA DUTA Vol 18 No 2 (2023)
Publisher : Jurusan Hukum Fakultas Dharma Duta Universitas Hindu Negeri I Gusti Bagus Sugriwa Denpasar

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Abstract

Balinese people know a marriage tradition called Nganten Keris. Where a nganten keris marriage is a marriage carried out by a woman with a keris which is a symbol or substitute for the man in the marriage process. There are several factors that cause the occurrence of kris nganten. Among other things, because the groom was unable to attend, the groom was from a higher caste than the bride, and because the woman was pregnant outside of marriage and there was no man willing to marry the woman. Nganten keris is used as an effort to provide certainty about the status of the birth of a child. Because in Balinese customary law, the legal status of a child is determined at the birth of the child. Balinese customary law requires that in order to be an heir a child must be born in a valid marriage according to Balinese customary law. The research method used is normative research using literature studies related to Balinese customary law and Hinduism, in order to find answers to the problem of nganten keris which is used as an effort to provide legal certainty regarding children's inheritance rights in Balinese customary law. Keywords : Nganten Keris, Balinese Traditional Inheritance, Balinese Customary Law.
PERTANGGUNGJAWABAN DEBITOR ATAS UTANG BARU YANG TIMBUL DARI GAGALNYA GOING CONCERN TANPA IZIN HAKIM PENGAWAS Vinsensius Jala; Putu Eka Trisna Dewi; Benyamin Tungga
Jurnal Hukum Saraswati Vol 7 No 01 (2025): JURNAL HUKUM SARASWATI MARET 2025
Publisher : Faculty of Law, Mahasaraswati University, Denpasar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36733/jhshs.v7i01.11500

Abstract

This research aims to analyze the problem of debtor responsibility for new debts arising from the failure of a going concern without the permission of the supervising judge. The method used to obtain answers to these research problems is normative juridical research using a statutory approach, case approach and conceptual approach, then answering research problems is based on primary legal materials and secondary legal materials collected using library study techniques. In this research, the results obtained show that bankrupt debtors who carry out going concern actions do not comply with the provisions regulated in the Bankruptcy Law, namely without permission from the supervising judge, this is an unlawful act which can be held accountable based on the principle of responsibility based on liability based on fault as regulated in Article 1365 Civil Code. In this way, the bankrupt debtor who is going concern without the permission of the supervisory judge is responsible for paying off all new debts that arise after going concern illegally.
Juridical Review of the Foreigners Traffic Module System (MOLINA) in the Perspective of Law Number 6 of 2011 on Immigration Jerry Prima; Cokorde Istri Dian Laksmi Dewi; Benyamin Tungga
Jurnal Dialektika: Jurnal Ilmu Sosial Vol. 23 No. 2 (2025): Jurnal Dialektika: Jurnal Ilmu sosial
Publisher : Pengurus Pusat Perkumpulan Ilmuwan Administrasi Negara Indonesia (PIANI)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.63309/dialektika.v23i2.642

Abstract

Abstract Immigration is a vital instrument in safeguarding a nation's sovereignty and security, especially amid increasing global mobility driven by advances in transportation technology and the openness of international relations. As a popular destination for tourism and foreign labor, Indonesia faces significant challenges in monitoring the movement and activities of foreign nationals within its territory. Law Number 6 of 2011 on Immigration regulates various types of residence permits for Foreign Nationals (FNs), including Visit Stay Permits (ITK), Limited Stay Permits (ITAS), Permanent Stay Permits (ITAP), and Special Immigration Stay Permits. To support its supervisory function, the Directorate General of Immigration developed the Foreign Nationals Traffic Module System (MOLINA), a digital information system that records and analyzes real-time data on the movement of FNs. Although MOLINA has proven effective in supporting immigration supervision, administrative services, and enforcement, it lacks explicit legal grounding within the Immigration Law, leading to a legal vacuum and raising concerns regarding administrative legitimacy and personal data protection. Therefore, this research is crucial as a normative legal study of the legality and legal status of MOLINA from the perspective of Indonesia’s positive law. It also responds to the rising number of stay permit violations by foreign nationals in strategic areas such as Bali and aims to encourage regulatory reform in immigration to become more adaptive to technological developments and the demands of fair law enforcement. Keywords: Immigration, Foreign Nationals, Stay Permit.
The Influence of Modernization on the Formation of Legislation in Indonesia Y. Edo Budi Prasetyo; Cokorde Istri Dian Laksmi Dewi; Benyamin Tungga
Jurnal Dialektika: Jurnal Ilmu Sosial Vol. 23 No. 2 (2025): Jurnal Dialektika: Jurnal Ilmu sosial
Publisher : Pengurus Pusat Perkumpulan Ilmuwan Administrasi Negara Indonesia (PIANI)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.63309/dialektika.v23i2.645

Abstract

Abstract The existence of laws and regulations in Indonesia reflects the principle of popular sovereignty, realized through a democratic legislative process, stipulated in Law No. 12 of 2011 and organized through the systematic National Legislation Program (Prolegnas) based on scientific studies through Academic Papers. This process involves synergy between the House of Representatives (DPR), the Government, and the Regional Representatives Council (DPD) in deliberative debates aimed at producing quality laws. However, globalization brings challenges in the form of harmonizing national law with international standards, the involvement of non-state actors, and human rights and environmental issues. Therefore, the legal system must adapt to remain responsive and oriented towards the values of Pancasila and local wisdom as the nation's identity in facing global dynamics. This research aims to provide an in-depth analysis. Using a descriptive-analytical approach, this study is expected to provide a comprehensive overview of the legal and regulatory challenges faced. Keywords: Legislation, Globalization, Sovereignty
The Transition of Immigration Service Modernization in the Review of Law Number 6 of 2011 on Immigration Novan Syahputra; Cokorde Istri Dian Laksmi Dewi; Benyamin Tungga
Jurnal Dialektika: Jurnal Ilmu Sosial Vol. 23 No. 2 (2025): Jurnal Dialektika: Jurnal Ilmu sosial
Publisher : Pengurus Pusat Perkumpulan Ilmuwan Administrasi Negara Indonesia (PIANI)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.63309/dialektika.v23i2.646

Abstract

The increase in international mobility requires innovations in immigration services that are fast, efficient, and secure. One of the innovations implemented by the Directorate General of Immigration Indonesia is the use of the autogate system, which allows immigration checks to be performed independently by travelers through passport scanning and biometric data. This system aims to expedite the inspection process, reduce queues, and enhance the accuracy and transparency of immigration surveillance. This study aims to analyze the implementation of the autogate system within the context of Indonesian immigration law, referring to Law Number 6 of 2011 on Immigration. The approach used covers the philosophical, legal, and sociological aspects of applying autogate as an instrument for modernizing immigration services. The results show that the use of this technology supports the principles of efficiency, transparency, and national security protection. However, technical challenges, regulations, and inter-agency data integration remain obstacles to its optimal implementation. Therefore, this study is expected to contribute to public policy and the refinement of a technology-based immigration system that is grounded in legal certainty and national interests. Keywords: Autogate System, Immigration, Technology
The Influence of Globalization and Modernization on the Implementation of Immigration Inspection SOPs by the Class I Special Immigration Office TPI Ngurah Rai as an Effort to Prevent Immigration Violations by Foreign Nationals (WNA) Jimmi Pesta Sirait; Cokorde Istri Dian Laksmi Dewi; Benyamin Tungga
Jurnal Dialektika: Jurnal Ilmu Sosial Vol. 23 No. 2 (2025): Jurnal Dialektika: Jurnal Ilmu sosial
Publisher : Pengurus Pusat Perkumpulan Ilmuwan Administrasi Negara Indonesia (PIANI)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.63309/dialektika.v23i2.654

Abstract

Abstract This study examines the implementation of the Standard Operating Procedure (SOP) for immigration inspection by the Class I Special Immigration Office at TPI Ngurah Rai as a preventive measure against immigration violations committed by foreign nationals. The background of this research stems from the increasing influx of foreigners into Indonesia, particularly through I Gusti Ngurah Rai International Airport in Bali, which has been accompanied by a rise in administrative violations such as overstaying and visa misuse. The study employs a juridical-empirical approach by analyzing the relevant legal frameworks and their practical application in the field. The findings indicate that the implementation of the SOP, including the use of autogate technology and the immigration information system, has improved the efficiency and accuracy of inspection procedures. However, the autogate system also creates potential gaps in oversight that may be exploited by foreign nationals seeking to bypass regulations. Therefore, strengthening the SOP is necessary through regular evaluation, capacity building of personnel, and balanced integration of manual and digital systems. This study recommends a review of the autogate SOP to ensure its alignment with the principles of legal certainty, national security, and orderly immigration administration. Keywords: Standard Operating Procedure (SOP), Immigration Violations, Autogate
Co-Authors Dian Laksmi Dewi, Cokorde Istri Jerry Prima Jimmi Pesta Sirait Novan Syahputra Pasek Suryawan Putu Eka Trisna Dewi Vinsensius Jala Y. Edo Budi Prasetyo