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PENGANGKATAN ANAK DI DESA ADAT SUKAWANA: KEPENTINGAN ANAK VERSUS KEPENTINGAN ORANG TUA ANGKAT sukmayasa, kadek; Bagiastra, I Nyoman; Pramana, Gede Pasek
VYAVAHARA DUTA Vol 19 No 2 (2024)
Publisher : Jurusan Hukum Fakultas Dharma Duta Universitas Hindu Negeri I Gusti Bagus Sugriwa Denpasar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25078/vyavaharaduta.v19i2.4194

Abstract

Generally, every married couple has the same desire to have a biological child. However, there are times when this wish does not come true for certain reasons. However, this desire is not completely dashed, because every family that does not have biological children can adopt children. Juridically, child adoption in Indonesia is regulated through Government Regulation Number 54 of 2007. Through this juridical basis, it is regulated that the implementation of child adoption can be carried out by following the provisions of Legislation and customary and customary provisions. The aim of this study is to analyze the implementation of appointment regulations in Indonesia which are carried out based on customs. This study was conducted using empirical legal research methods. The results of the study show that adoption is not only carried out for the child's interests, but there are other interests that are a factor in a family in Desa Adat Sukawana adopting a child. Regarding the technical implementation, in general the implementation of child adoption regulations in Indonesia has been implemented in the adoption of children based on customs in Desa Adat Sukawana. Adoption of children based on customs in Desa Adat Sukawana is regulated in Awig-awig. The procedure for adopting a child in the Sukawana Traditional Village is divided into 3 (three) stages, namely the preparation stage, the implementation stage, and the post-adoption stage. The study carried out contributes to knowledge in the field of Law, especially regarding the legal aspects of child adoption based on customs.
Price Markup in Property Purchase: A Legal Perspective on The Risk of Default and Decrease in Property Value at Auction Wijaya, I Ketut Reksa; Yasa, Putu Gede Arya Sumerta; Bagiastra, I Nyoman
International Journal of Business, Law, and Education Vol. 5 No. 1 (2024): International Journal of Business, Law, and Education
Publisher : IJBLE Scientific Publications Community Inc.

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56442/ijble.v5i1.473

Abstract

Loans or credit are a commonly used financing model for new and existing businesses. The amount of credit granted is determined by the collateralized assets. However, problems often arise when the property used as collateral turns out to be valued below expectations. This occurs because property buyers become victims of price markup crimes. This study focuses on defining the boundaries of this crime in cases of price markup and the legal protections that can be provided to victims of property price markup. Consequently, the general public can avoid the risks of falling victim to such fraudulent schemes. This study delves into the intricacies of price markup crimes, aiming to delineate clear boundaries and legal protections for victims. By shedding light on these issues, we aim to empower the general public with knowledge to recognize and mitigate the risks associated with fraudulent schemes. Through a comprehensive understanding of the legal framework surrounding property price markups, individuals can make informed decisions and safeguard themselves against potential exploitation in property transactions. Ultimately, this research endeavors to foster transparency and accountability in the property market, fostering a fair and equitable environment for all stakeholders involved
The Role and Responsibilities of Notaries in Making Authentic Deeds Based on Forged Letters from the Parties Kirana Wiguna, Ni Komang Cahya; Bagiastra, I Nyoman
West Science Interdisciplinary Studies Vol. 3 No. 01 (2025): West Science Interdisciplinary Studies
Publisher : Westscience Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58812/wsis.v3i01.1620

Abstract

Notaries play an important role in the Indonesian legal system, especially in the making of authentic deeds that have high evidentiary power. One of the main responsibilities of a notary is to ensure the validity of the documents used as the basis for making authentic deeds. However, in practice, it is not uncommon for fake documents to escape the notary's inspection and be used in making authentic deeds. This study aims to analyze the role and responsibilities of notaries in making authentic deeds based on fake letters, as well as the legal risks faced by notaries if they are involved in using fake letters. This study uses a normative research method with a statutory and conceptual approach, which examines laws and regulations related to the position of notary, forgery of letters, and legal responsibilities arising from the involvement of notaries in making deeds based on fake documents. The results of the study indicate that notaries have an obligation to verify the authenticity of documents and the identities of the parties involved, as well as to provide an explanation of the contents of the deed to the parties. If a notary is involved in making an authentic deed based on a fake letter, he can be subject to criminal sanctions in accordance with Article 263 and Article 264 of the Criminal Code, as well as civil liability in accordance with Article 1365 of the Civil Code. This study also highlights the importance of increasing the vigilance and ability of notaries in detecting fake documents to prevent the practice of document forgery which can harm many parties.
BALI DALAM PENGEMBANGAN PENGOBATAN TRADISIONAL KOMPLEMENTER (Kajian Yuridis Peraturan Menteri Kesehatan Republik Indonesia Nomor 15 Tahun 2018 Tentang Penyelenggaraan Pelayanan Kesehatan Tradisional Komplementer) Bagiastra, I Nyoman; Sudantra, I Ketut
Jurnal Penelitian dan Pengembangan Sains dan Humaniora Vol. 2 No. 2 (2018): Oktober
Publisher : Universitas Pendidikan Ganesha

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (443.895 KB) | DOI: 10.23887/jppsh.v2i2.17487

Abstract

Traditional medicine by the people in several regions in Indonesia is very diverse. Communities in a particular area have different ways and techniques in traditional medicine, this is because culture and understanding and also the biodiversity found in the environment in which they live and the local wisdom they have is the cause of the emergence of various cultural products. Given that Bali has a culture related to the understanding of traditional medicine since ancient times, inherited from generation to generation, it has the potential to carry out complementary traditional medicine that has local wisdom. Usadha was populist in Bali carried out by a balian. There are several types of balian that are contained in the palm bodon ejection in accordance with the field and purpose. Normatively, the government has issued Regulation of the Minister of Health of the Republic of Indonesia Number 15 of 2018 concerning the Implementation of Complementary Traditional Health Services as a basis for implementing complementary traditional medicine. There are provisions that need to be studied and criticized so that they do not have the potential to hinder if Bali carries out complementary traditional medicine services in the future.
Literatur Review: Consumer Protection in Transactions of Tartar Removal Products on E-Commerce: A Legal and Policy Review Ida Ayu Dinda Laksmi; I Nyoman Bagiastra; Luh Nyoman Alit Aryani
Indonesian Journal of Global Health Research Vol 7 No 4 (2025): Indonesian Journal of Global Health Research
Publisher : GLOBAL HEALTH SCIENCE GROUP

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37287/ijghr.v7i4.6316

Abstract

The rapid growth of e-commerce has significantly transformed consumer purchasing behavior, including in the health and personal care sectors. However, the online sale of tartar removal products raises serious concerns regarding consumer protection, product safety, and regulatory oversight. This study aims to examine the adequacy of the existing legal framework and policy mechanisms in protecting consumers who purchase tartar removal products through e-commerce platforms.Methods: This research employed a literature review design using a comprehensive strategy. Articles were sourced from international research journal databases accessed via the internet, specifically ScienceDirect, PubMed, and Google Scholar. All searches were conducted in March 2025, focusing on articles published between 2016 and 2024. The keywords used in this literature review were adapted from Medical Subject Heading (MeSH) terms, including "consumer protection in e-commerce transactions," "tartar removal products," "e-commerce platforms," and "legal and policy aspects." The initial search yielded 1098 results, of which 711 were duplicates. Of the 387 remaining results, 29 were retained after a title and abstract review. Following a full-text review, 11 articles were included in the study. Charting and theme identification were conducted by a single author (R.C-D).Results:The study identified major challenges, notably the lack of legal protection for consumers. The absence or weakness of legal safeguards in transactions involving tartar removal products has led to several significant issues, including misleading product claims, a lack of mandatory certification, limited enforcement capacity, and inadequate digital infrastructure for transaction monitoring. By analyzing relevant laws, regulations, and case studies, this study highlights the gaps in current consumer protection practices and proposes policy recommendations to strengthen legal protection. These include reinforcing regulatory frameworks, enhancing technology-based monitoring, and promoting consumer education initiatives.Conclusion: The findings emphasize the need for a more adaptive and proactive legal approach to create a safer e-commerce environment, particularly in sectors impacting public health.
Analysis of The Theory of Justice in Insurance Business in Indonesia DEWI, Ni Luh Putu Yuni Sartika; BAGIASTRA, I Nyoman
Protection: Journal Of Land And Environmental Law Vol. 3 No. 3 (2025): Protection: Journal Of Land And Environmental Law (March – June 2025)
Publisher : Indonesia Strategic Sustainability

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

In carrying out its function as a financial protector in the future, the insurance business must be based on justice to create a healthy relationship between customers and insurance companies. Justice in the insurance business is the main foundation of a healthy and useful insurance industry in Indonesia, if there is no justice then public confidence can be disturbed and trust in the insurance business can be reduced due to the perception of injustice. Justice is very necessary because the low level of understanding of the Indonesian people about insurance products is the main cause of injustice in the insurance service business. This situation is because insurance agents who do not have integrity do not explain the contents of the policy transparently to prospective customers. Based on the above thoughts, the main problem is, first, is the application of the Indonesian insurance agreement justice standard in accordance with the theory of justice? Second, How is the Implementation of Theory in Overcoming Conflicts Between Insurance Companies and Customer Justice in Insurance Companies?
Construction of Legislation Formation on Restorative Justice in the Neo-Classical Criminal Perspective of Law Number 1 of 2023 Concerning the Criminal Code Dananjaya, Nyoman Adi Arya Putra; Bagiastra, I Nyoman
POLICY, LAW, NOTARY AND REGULATORY ISSUES Vol. 4 No. 3 (2025): JULY
Publisher : Transpublika Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55047/polri.v4i3.1749

Abstract

Restorative Justice is a process that involves both perpetrators or their families and victims or their families in the process of restoring conditions and rehabilitating perpetrators. This concept has fundamentally developed for a long time, but with the enactment of Law No. 1 of 2023 concerning the Criminal Code, it changes the punishment paradigm that was previously inspired by classical schools focusing on secular retribution, transforming by applying neo-classical schools that maintain balance between objective factors and subjective factors. However, regulatory provisions for restorative justice show disharmonies across investigation, prosecution, and judicial levels, requiring legal construction through expert doctrines and institutional regulations to create a comprehensive framework for applicable criminal cases. This research analyzes and constructs legal frameworks for implementing restorative justice within Indonesia's criminal law system under Law No. 1 of 2023, addressing regulatory disharmonies through neo-classical criminal law perspectives. This study employs normative legal research with a juridical normative approach, analyzing primary, secondary, and tertiary legal materials through literature study techniques. The research integrates statute, conceptual, historical, and comparative approaches to explore restorative justice application in Indonesia's criminal law system, including comparative analysis with Continental European countries. Current restorative justice regulations across investigation, prosecution, and judicial levels exhibit disharmony requiring legal construction through rechtsverfijning and comparative methods to align with the neo-classical paradigm of the 2023 Criminal Code.
Implementation of Restorative Justice in the Resolution of Theft Crimes Committed by Minors at the Denpasar City Police Resort Adi Putra, Salit Ngurah Bagus; Bagiastra, I Nyoman
West Science Interdisciplinary Studies Vol. 3 No. 07 (2025): West Science Interdisciplinary Studies
Publisher : Westscience Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58812/wsis.v3i07.2109

Abstract

This study aims to (1) identify and analyze the implementation of Restorative Justice in resolving theft crimes committed by children at the Denpasar City Resort Police, and (2) identify and analyze the obstacles and efforts made by investigators in applying Restorative Justice. This research uses an empirical legal method with a descriptive approach. The research was conducted at the Denpasar City Resort Police. Data collection techniques included document study, observation, and interviews. The sampling technique used was non- probability sampling with purposive sampling for subject selection. The data were analyzed using qualitative techniques. The results showed that (1) the implementation of Restorative Justice in resolving child theft crimes at the Denpasar City Resort Police was in accordance with Law Number 11 of 2012 concerning the Juvenile Criminal Justice System, but the process has not been fully effective due to communication barriers and lack of mutual understanding between the involved parties. (2) The obstacles encountered are classified into internal obstacles, such as legal limitations, lack of inter-agency coordination, and insufficient facilities and infrastructure; and external obstacles, including the child as perpetrator, the victim’s unwillingness to reconcile, difficulty in finding witnesses, and public perception. The efforts made by investigators include building intensive communication and mutual understanding with all involved parties to support the successful implementation of restorative approaches.
Implementation of Restorative Justice in the Resolution of Theft Crimes Committed by Minors at the Denpasar City Police Resort Adi Putra, Salit Ngurah Bagus; Bagiastra, I Nyoman
West Science Interdisciplinary Studies Vol. 3 No. 07 (2025): West Science Interdisciplinary Studies
Publisher : Westscience Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58812/wsis.v3i07.2109

Abstract

This study aims to (1) identify and analyze the implementation of Restorative Justice in resolving theft crimes committed by children at the Denpasar City Resort Police, and (2) identify and analyze the obstacles and efforts made by investigators in applying Restorative Justice. This research uses an empirical legal method with a descriptive approach. The research was conducted at the Denpasar City Resort Police. Data collection techniques included document study, observation, and interviews. The sampling technique used was non- probability sampling with purposive sampling for subject selection. The data were analyzed using qualitative techniques. The results showed that (1) the implementation of Restorative Justice in resolving child theft crimes at the Denpasar City Resort Police was in accordance with Law Number 11 of 2012 concerning the Juvenile Criminal Justice System, but the process has not been fully effective due to communication barriers and lack of mutual understanding between the involved parties. (2) The obstacles encountered are classified into internal obstacles, such as legal limitations, lack of inter-agency coordination, and insufficient facilities and infrastructure; and external obstacles, including the child as perpetrator, the victim’s unwillingness to reconcile, difficulty in finding witnesses, and public perception. The efforts made by investigators include building intensive communication and mutual understanding with all involved parties to support the successful implementation of restorative approaches.
Formulasi Kewenangan Notaris dalam Menerima Titipan Uang dalam Transaksi Berkaitan dengan Akta yang Dibuatnya Anastasya, Dewa Ayu Julia; Bagiastra, I Nyoman
Jurnal Magister Hukum Udayana (Udayana Master Law Journal) Vol 14 No 1 (2025)
Publisher : University of Udayana

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24843/JMHU.2025.v14.i01.p15

Abstract

The purpose of this study is to gain insight and knowledge related to why the notary's authority is needed to receive money deposits in transactions between parties related to deeds made and to find out about the formulation of the notary's authority to receive money deposits in transactions between parties related to deeds made in the future. The type of research used in this study is a normative legal research. The urgency of the need for the notary's authority to receive money deposits in transactions between parties related to deeds made, if an official takes action outside his authority, it is called an unlawful act. The formulation of the notary's authority to receive money deposits in transactions between parties related to deeds made in the future by prioritizing the prudential principle or the principle of caution which is a principle that requires a notary to pay attention to and consider all possible impacts or risks that may occur due to his actions in carrying out his duties as a notary. Tujuan penelitian ini ialah guna mendapatkan wawasan dan pengetahuan terkait mengapa diperlukannya kewenangan notaris dalam menerima titipan uang dalam transaksi para pihak berkenaan dengan akta yang dibuatnya serta untuk mengetahui mengenai formulasi kewenangan notaris dalam menerima titipan uang dalam transaksi para pihak berkaitan dengan akta yang dibuatnya di masa yang akan datang. Jenis penelitian yang dipergunakan dalam penelitian ini adalah jenis penelitian hukum normatif. Urgensi diperlukannya kewenangan notaris dalam menerima titipan uang dalam transaksi para pihak berkaitan dengan akta yang dibuatnya, apabila seorang pejabat melakukan tindakan diluar wewenangnya, maka disebut sebagai perbuatan melanggar hukum. Formulasi kewenangan notaris dalam menerima titipan uang dalam transaksi para pihak berkaitan dengan akta yang dibuatnya di masa yang akan datang dengan mengedepankan prudential principle atau prinsip kehati-hatian yang merupakan prinsip yang mengharuskan seorang notaris untuk memperhatikan dan menimbang segala kemungkinan dampak atau risiko yang mungkin terjadi atas tindakannya dalam menjalankan tugasnya sebagai notaris.
Co-Authors A. A. Gede Raka Putra Adnyana Adhi Saputra, I Made Hendra Adi Putra, Salit Ngurah Bagus Anak Agung Istri Ari Atu Dewi Anak Agung Ketut Sukranatha Anak Agung Ngurah Deva Ekada Saputra Anak Agung Ngurah Putra Satria Kusuma Anak Agung Titah Ratihtiari Anastasya, Dewa Ayu Julia Angga, Dewa Anindya Primadigantari Aristya Putra, I Kadek Krisnandika Bagus Gede Ari Rama Bagus Putu Wisnu Mandala W Bagus Putu Wisnu Mandala Weisnawa Candra, I Gusti Ayu Agung Dwi Dananjaya, Nyoman Adi Arya Putra Danyati, Ayu Putu Laksmi Darmawan, I Made Yogi Dewa Gede Prawira Buwana DEWI, Ni Luh Putu Yuni Sartika Dwirama Wiguna, I Made Ananda Farel Aditya Maksum Franasia, Franasia Gede Hardiyana Putra Gita Lestari, Made Ayu Gunawan, Made Gerry Holys Abdiel Lumira I Gede Agus Ngurah Gede I Gede Artha I Gede Arya Kusuma I Gede Dharma Eka Yudarsa I Gusti Agung Ayu Gita Pritayanti Dinar I Gusti Ayu Putri Kartika, I Gusti Ayu I Gusti Ayu Widiadnyani I Gusti Ketut Bagusdharma Liran I Kadek Dwi Wisma Putra I Ketut Markeling I KETUT SUDANTRA I Komang Gede Jaya Artha Kusuma I Made Arya Utama I Made Dedy Priyanto I Made Kresnayana I Nyoman Darmadha I Nyoman Gede Sugiartha I Nyoman Sudana I Putu Donny Laksmana Putra I Wayan Gede Artawan Eka Putra I Wayan Novy Purwanto I Wayan Parsa I Wayan Putra Nugraha I Wayan Wardiman Dinata Ida Ayu Dinda Laksmi Ida Bagus Adhitya Prayoga D Ida Bagus Anindya Jaya Keniten Ida Bagus Gede Pratama Ida Bagus Indra Mahardika Ida Bagus Kade Wahyu Sudhyatmika Ida Bagus Putra Atmadja Ida Bagus Putu Sutama Intan Pratiwi Justitio, Andrean Darven Kadek Arya Putra Gunawan Kadek Arya Putra Gunawan Kadek Julia Mahadewi Kadek Lilyani Kadek Radhitya Vidianditha Kartika, I G A Putri Ketut Leona Trida Yuliani Kirana Wiguna, Ni Komang Cahya Komang Tri Sundari Dewi Komang Wahyuni Purnama Ningrum Krista, I Kadek Lani Eka Kumala Dewi Luh Nyoman Alit Aryani Made Arie Wiedhayanti Made Dita Widyantari Made Ray Adityanata Made Sintya Wahyu Wulan Astari Madeni Apriliani, Ni Putu Eka Madia, Putu Bella Mania Mahardika, Muhammad Panji Mahendra Junior, Gde Putra Mahendra, I Wayan Agus MANGGALA, Ni Kadek Erika Marheni, Lily Ni Kadek Ditha Angreni Ni Luh Dina Yuliana Ni Luh Gede Astariyani Ni Made Adinda Wikan Dewi NI MADE ARI YULIARTINI GRIADHI Ni Made Asri Alvionita Ni Made Deby Anita Sari Ni Made Rian Ayu Sumardani Ni Nyoman Trisnadi Piranti Sari Dewi Ni Putu Ayu Yuliana Murni Ni Putu Meiliana Dewantari NOHANA, Ni Gek Ayu Septi Nugraha, Putu Bagus Satya Nyoman Edy Febriana Nyoman Rexa Danandhika Pangestu, Gede Hadi Pramana, Gede Pasek PRATIWI, I Gusti Agung Istri Ranya Astri Putra Gunawan, Kadek Arya Putu Astika Yasa Putu Gede Arya Sumertayasa Putu Novi Pujayanti Putu Putri Nugraha Putu Tasya Ratna Elisabeth Kusumaedi Putu Tissya Poppy Aristiani Raja Tua Hamonangan Ria Tri Harini Dwi Rusiawati Saputra, Komang Yoga Sastera, I Gusti Bagus Yoga Sastra Nugraha, I Made Aditya Selvi Marcellia Sri Deviani Putri, Ni Kadek Ayu Mega Suatra Putrawan sukmayasa, kadek Sukmayoga Wiweka, Gede Rhama Tjokorda Gde Indraputra Udiana, Gede Krisna Wahyu Tantra Setiadi Wayan Agus Singid Adnyana Widyaningrum, Cokorda Istri Sri Dharma Widyasari Susrama Putri, Ni Luh Vita Widyatama, Pande Made Mahatma Wijaya, I Ketut Reksa Windi Dianti Agustin Yustiawan, Dewa Gede Pradnyana