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Aspek Yuridis Perlindungan Hukum dan Pemenuhan Hak Penyandang Disabilitas Anak Agung Istri Ari Atu Dewi
Pandecta Research Law Journal Vol 13, No 1 (2018): June
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/pandecta.v13i1.13933

Secara empiris, penyandang disabilitas sering mendapat pelakuan diskriminatif dalam kehidupan sosial yang berakibat pada pengabaian terhadap terpenuhinya hak hak penyandang disabilitas, meskipun secara yuridis, seperti di Bali, telah ada produk hukum Daerah yang memberikan perlindungan terhadap hak-hak penyandang disabilitas. Penelitian ini bertujuan untuk menganailisis bagaimana bentuk-bentuk perlindungan hukum yang diberikan kepada penyandang disabilitas dan bagaimana pelaksanaan hak-hak penyandang disabilitas tersebut dikaitkan dengan budaya Bali. Penelitian ini menggunakan metode penelitian normatif dengan pendekatan peraturan perundang-undangan (statue approach) dan pendekatan konsep. Hasil penelitian ini menunjukkan bahwa perlindungan hukum dan pemenuhan hak penyandang disabilitas yang diatur melalui Perda Provinsi Bali Nomor 9 Tahun 2015 telah memuat hak-hak penyandang disabilitas yang cukup komprehensif, serta juga memuat kewajiban dari Pemerintah Daerah dalam melakukan pemenuhan hak penyandang disabilitas. Namun, demikian dalam hak keberagamaan penyandang disabilitas, memilik potensi untuk tidak dapat diterapkan karena cenderung tidak sejalan dengan adat dan budaya Bali yang sudah turun-temurun.Empirically, people with disabilities often get discriminatory treatment in social life which results in neglect of the fulfillment of the rights of persons with disabilities, although juridically, as in Bali, there are already regional legal products that provide protection for the rights of persons with disabilities. This study aims to analyze how forms of legal protection given to people with disabilities and how the implementation of the rights of persons with disabilities is associated with Balinese culture. This study uses normative research methods with the approach of legislation (statue approach) and conceptual approach. The results of this study indicate that legal protection and the fulfillment of the rights of persons with disabilities regulated through the Bali Provincial Regulation Number 9 of 2015 has contained the rights of persons with disabilities that are quite comprehensive, as well as the obligations of the Regional Government in fulfilling the rights of persons with disabilities. However, as in the rights of religious persons with disabilities, they have the potential not to be applied because they tend to be inconsistent with Balinese customs and culture that has been passed down through generations.

SETTLEMENT OF SEXUAL VIOLENCE AGAINST CHILDREN BASED ON BALINESE CUSTOMARY LAW Sukmayoga Wiweka, Gede Rhama; Ari Atu Dewi, Anak Agung Istri; Arya Sumertayasa, Putu Gede; Bagiastra, I Nyoman
POLICY, LAW, NOTARY AND REGULATORY ISSUES Vol. 3 No. 2 (2024): APRIL
Publisher : Transpublika Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55047/polri.v3i2.1120

This study aims to examine and analyze related to the settlement of crimes of sexual violence against children based on positive law in Indonesia and Balinese customary law. This study uses normative legal research methods with factual approaches, statutory approaches, case approaches, and legal concept analysis approaches. The results of this study explain that arrangements related to sexual violence against children are regulated in Article 81 and Article 82 of the UUPA, regarding their settlement according to the criminal justice system according to the provisions of the Criminal Procedure Code. As well as the settlement of criminal acts of sexual violence against children in Balinese customary law is translated into two approaches to justice, namely criminal sanctions with a retributive approach or criminal sanctions with a restorative approach. And if the settlement is through a restorative approach, the rights of the victim need attention because the victim is an interested party who should have a (legal) position in the settlement process. However, in the criminal justice system in general, it is suspected that victims do not receive equal protection from the authorities in the criminal justice system, so that the true interests of victims are often neglected and even if they do exist, they are only fulfilling the criminal justice administration or management system.

Perlindungan Hak Anak: Upaya Pencegahan Kekerasan Anak Melalui Kebijakan Sekolah Ramah Anak Dewi, Anak Agung Istri Ari Atu
Jurnal Ilmiah Pendidikan Pancasila dan Kewarganegaraan Vol 7, No 3 (2022): November 2022
Publisher : Universitas Negeri Malang

This study aimed to analyze the setting of childfriendly schools to prevent child violence and the standardsetting model for child-friendly schools to protect children’s rights. This study used normative legal research with statutory regulations, concept approaches, and analytical approaches. Collection of secondary legal materials used document study techniques. The data that had been obtained was analyzed using an interpretation technique, namely legal hermeneutics. The study results showed that child-friendly schools were indicators of child-friendly district or city development by the Regulation of the Minister of Women’s Empowerment and Child Protection Number 11 of 2011 to protect children’s rights from violence in the educational environment. The standardization of child-friendly school development based on the Minister of Women’s Empowerment and Child Protection Regulation Number 8 of 2014 required essential components, including policies, curriculum implementation, educators and education personnel trained in children’s rights, child-friendly learning processes, child-friendly facilities and infrastructure, child participation, as well as the involvement of parents, alumni, community organizations, and the business world.

THE LEGALITY OF INTERFAITH MARRIAGE CONDUCTED ABROAD IN THE PERSPECTIVE OF INDONESIAN LAW Trisnawijayanti, Anak Agung Istri Agung Nindasari; Dewi, Anak Agung Istri Ari Atu
POLICY, LAW, NOTARY AND REGULATORY ISSUES Vol. 2 No. 2 (2023): APRIL
Publisher : Transpublika Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55047/polri.v2i2.572

Based on the provisions of the legislation that applies positively in Indonesia, it is stated that interfaith marriages cannot be carried out. However, it turns out that interfaith marriages still occur as a result of social interaction among all Indonesian citizens, so the interfaith couples carry out their marriages abroad. Interfaith marriages are implicitly not specifically regulated in the Marriage Law. The problem studied in this paper is how the legality of interfaith marriages abroad in the perspective of Indonesian law. The purpose of this study is to find out the legality of interfaith marriages abroad in the perspective of Indonesian law. This research uses a normative method by reviewing the laws and regulations related to the legal issues under study. The results of the study concluded that the legitimacy of interfaith marriages outside the jurisdiction of Indonesia was invalid because it violated several articles in the Marriage Law. If interfaith marriages abroad still occur, then the marriage is a violation of the law.

The Role of Local Government in Preventing Drug Abuse: A Legal Pluralism Approach Oktavia, Susanti; Ari Atu Dewi, Anak Agung Istri
West Science Interdisciplinary Studies Vol. 3 No. 03 (2025): West Science Interdisciplinary Studies
Publisher : Westscience Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58812/wsis.v3i03.1792

Drug abuse is a serious problem that requires attention and collaborative action from various parties, including the government, social institutions, and the community, especially the Traditional Village. This study aims to explore the role of the Bali Provincial Government and Traditional Villages in efforts to prevent and eradicate drug abuse. The research method used is normative law with a legislative approach and qualitative analysis. The results of the study indicate that the Bali Provincial Government has implemented various programs, such as collaboration with the National Narcotics Agency (BNN), socialization to the community, strengthening regulations, and providing rehabilitation facilities for drug users. In addition, Traditional Villages play an important role in educating the community about the dangers of drugs, forming anti-drug cadres, and providing social support for individuals at risk. Cooperation between Traditional Villages and the government, as well as a cultural-based approach, are key to creating a safe and drug-free environment. This study emphasizes the importance of collaboration between the government, institutions, and the community in overcoming drug abuse in Bali, in order to create a healthy society that is free from the dangers of drugs.

The Role of Local Government in Preventing Drug Abuse: A Legal Pluralism Approach Oktavia, Susanti; Ari Atu Dewi, Anak Agung Istri
West Science Interdisciplinary Studies Vol. 3 No. 03 (2025): West Science Interdisciplinary Studies
Publisher : Westscience Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58812/wsis.v3i03.1792

Drug abuse is a serious problem that requires attention and collaborative action from various parties, including the government, social institutions, and the community, especially the Traditional Village. This study aims to explore the role of the Bali Provincial Government and Traditional Villages in efforts to prevent and eradicate drug abuse. The research method used is normative law with a legislative approach and qualitative analysis. The results of the study indicate that the Bali Provincial Government has implemented various programs, such as collaboration with the National Narcotics Agency (BNN), socialization to the community, strengthening regulations, and providing rehabilitation facilities for drug users. In addition, Traditional Villages play an important role in educating the community about the dangers of drugs, forming anti-drug cadres, and providing social support for individuals at risk. Cooperation between Traditional Villages and the government, as well as a cultural-based approach, are key to creating a safe and drug-free environment. This study emphasizes the importance of collaboration between the government, institutions, and the community in overcoming drug abuse in Bali, in order to create a healthy society that is free from the dangers of drugs.

The Position of Hindu-Balinese Women in Inheritance Law Pluralism: A Study of Supreme Court Decision Number 2824 K/PDT/2017 Dana Paramitha, Luh Gede; Atu Dewi, Anak Agung Istri Ari
West Science Interdisciplinary Studies Vol. 3 No. 08 (2025): West Science Interdisciplinary Studies
Publisher : Westscience Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58812/wsis.v3i08.2134

This article examines the position of Hindu-Balinese women in the context of pluralistic inheritance law in Indonesia, particularly from the perspective of the Civil Code and Balinese customary law. Through a study of Supreme Court Decision Number 2824 K/Pdt/2017, this article examines the extent to which the formal legal system provides protection for women's inheritance rights. The analysis shows that the Civil Code guarantees equality of inheritance rights without distinction of gender, while Balinese customary law still prioritizes the line of inheritance. Although the 2010 MUDP Decision has accommodated women's rights, the Supreme Court in its decision did not substantially acknowledge this development, thus demonstrating the weak support for gender justice in national legal pluralism.

The Position of Hindu-Balinese Women in Inheritance Law Pluralism: A Study of Supreme Court Decision Number 2824 K/PDT/2017 Dana Paramitha, Luh Gede; Atu Dewi, Anak Agung Istri Ari
West Science Interdisciplinary Studies Vol. 3 No. 08 (2025): West Science Interdisciplinary Studies
Publisher : Westscience Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58812/wsis.v3i08.2134

This article examines the position of Hindu-Balinese women in the context of pluralistic inheritance law in Indonesia, particularly from the perspective of the Civil Code and Balinese customary law. Through a study of Supreme Court Decision Number 2824 K/Pdt/2017, this article examines the extent to which the formal legal system provides protection for women's inheritance rights. The analysis shows that the Civil Code guarantees equality of inheritance rights without distinction of gender, while Balinese customary law still prioritizes the line of inheritance. Although the 2010 MUDP Decision has accommodated women's rights, the Supreme Court in its decision did not substantially acknowledge this development, thus demonstrating the weak support for gender justice in national legal pluralism.

Industrialization of Business Licensing: Influence on Environmental Wisdom? Sugiantari, Anak Agung Putu Wiwik; Utama, I Made Arya; Dewi, Anak Agung Istri Ari Atu; Sudantra, I Ketut
East Asian Journal of Multidisciplinary Research Vol. 3 No. 9 (2024): September 2024
Publisher : PT FORMOSA CENDEKIA GLOBAL

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55927/eajmr.v3i9.10790

This article critically analyzes the implications of licensing simplification which has the impact of making business licensing easier. This raises the crucial question of whether the licensing simplification model has an impact on the industrialization of business licensing and the effect on the degradation of environmental wisdom? This research uses the methodQualitative research with data collected and analysis is more qualitative in nature. Qualitative analysis is used by adopting an investment model as a form of implementing business permits in environmental protection in France and Japan with the composition of France being a country without environmental wisdom and Japan having very strong environmental wisdom values. As a result, these two countries implemented a green investment model which emphasizes that economic growth must also pay attention to environmental protection. The environment is also positioned as a legal subject with the same rights as other legal subjects. The government has an important role in forming regulations that lead to a green economy so that every business activity places green investment as the foundation for implementing business activities.

The Law Accountability of Tourists Who Violate "Tri Hita Karana" Principle in Balinese Cultural Tourism Maintenance Herawati, Kadek Mery; Ni Ketut Supasti Dharmawan; Desak Putu Dewi Kasih; Anak Agung Istri Ari Atu Dewi
Formosa Journal of Science and Technology Vol. 3 No. 6 (2024): June 2024
Publisher : PT FORMOSA CENDEKIA GLOBAL

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55927/fjst.v3i6.9688

The disharmony between Laws and the Regulations of Balinese cultural tourism’s regulation and policy is still exist, specifically in terms of tourism management’s purpose and authority. The clarity of the purpose and the scope in the setting of Balinese cultural tourism Laws and Regulations need to be conducted comprehensively and structured, so the substantial dynamic that included and stated in the law will not be partial. According to the analysis of regulation content of laws and regulation for the application of Tri Hita Karana (THK) in Balinese culture tuorism’s operation, there are numerous disharmonisation that happened between Undang-undang Nomor 10 Tahun 2009 about tourism, as the Laws and Regulations that organizes the tourism, and sectoral Laws and Regulations that organizes limited tourism (whether forest, marine, and culture tourism). Although the disharmonisation already harmonized through Undang-undang Cipta Kerja (Laws of Work Creation), the comprehensive and structured clarity of purpose is still achieved yet, so the substantial dynamic that included and stated in the law will not be partial.

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