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All Journal KERTHA WICAKSANA Jurnal Konstruksi Hukum Jurnal Interpretasi Hukum Jurnal Preferensi Hukum (JPH)

Diah Gayatri Sudibya

Unknown Affiliation

Author-ID : 268867

Law, Crime, Criminology & Criminal Justice Social Sciences

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Efektifitas Sanksi Pidana terhadap Pengasuh Anak karena Kelalaiannya Mengakibatkan Kematian di Taman Penitipan Anak Denpasar Gusti Ayu Putri Pratiwi; I Made Sepud; Diah Gayatri Sudibya
Jurnal Konstruksi Hukum Vol. 1 No. 1 (2020): Jurnal Konstruksi Hukum
Publisher : Warmadewa Press

The rapid development of science and technology has led to many cases of criminal acts against children in the field of educational services. There are various kinds of crimes against human rights violations in the field of child protection, one of which is negligence in caring for and educating children. This study aims to determine the factors that cause death in foster children in TPA Princess House Childcare and to determine the effectiveness of criminal sanctions against child caregivers who due to their negligence cause death in children. The research method uses empirical research type. The statutory approach is to examine all laws and regulations related to the legal issue being researched, and to use a case approach. Sources of data obtained through informants with direct field interviews are then processed and analyzed descriptively. The results showed that negligence that resulted in death could occur through two factors, namely external factors and internal factors. Regarding the sanctions against the perpetrator who resulted in the loss of a child's life, it is felt that it has been effective and implemented in accordance with the provisions as stipulated in Article 76B in conjunction with Article 77B of the Law of the Republic of Indonesia Number 35 of 2014, imprisoned for 3 (three) years and a fine as much as RP. 50,000,000,-

Kedudukan Laki-Laki Nyentana pada Wanita yang Memiliki Saudara Laki-Laki di Desa Bantas Kabupaten Tabanan I Gede Pasek Darsana Wiratama; I Ketut Sukadana; Diah Gayatri Sudibya
Jurnal Konstruksi Hukum Vol. 1 No. 1 (2020): Jurnal Konstruksi Hukum
Publisher : Warmadewa Press

Marriage is a very important thing in human life, with the aim of forming a household. In Balinese society, there is a nyentana marriage, in which a family does not have a son. However, along with the development of families in Bali, they married Nyentana even though they had a son for certain reasons. The formulations of the problems in this study are: 1) What is the position of men who are sedentary according to Balinese customary law? 2) How do men inherit rights to women who have brothers? This type of research is empirical law. The approach to the problem used is sociology of law. The data used are primary data obtained from field studies by interviewing informants. Secondary data were obtained from literature study. The result of this research is the position of men who are sedentary according to Balinese customary law as predana, in general, have the same rights and obligations as men in the family. These rights and obligations are like those of a family head in general. The right to inherit male nyentana to women who have brothers is said to be abolished because the male only continues the offspring in the wife's family.

Penerapan Sanksi Adat Kasepekang di Desa Adat Tanjung Benoa Kecamatan Kuta Selatan Kabupaten Badung I Gede Yoga Paramartha Duarsa; I Nyoman Gede Sugiartha; Diah Gayatri Sudibya
Jurnal Konstruksi Hukum Vol. 1 No. 1 (2020): Jurnal Konstruksi Hukum
Publisher : Warmadewa Press

The customs and habits of the Hindu community in Bali are basically fostered, maintained, and led by an institution called Desa Adat, which is a village with a different position and function from the official village (government administrative village). There are regulations in the Balinese Traditional Village that must not be violated. If a violation is found, it will be given one of the sanctions, namely Kasepekang. Kasepekang is a Balinese customary sanction, where the recipient of the sanction will be excommunicated, exiled or terminated from activities in the village (Madesa). This is because the perpetrator has repeatedly violated the rules of the traditional village (outrageous), so that this sanction is deemed appropriate. If a person or group of village members is deemed to have violated legal norms, it is called “awig-awig” in the Balinese traditional language. This study aims to determine the application of customary sanctions as well as obstacles in the application of customary sanctions in the Tanjung Benoa Traditional Village, South Kuta District, Badung Regency. This research method uses an empirical method that is guided by data collection techniques by direct interviews with those who are competent using the receptio theory, the theory of receptio in complexu in the concept of a rule of law to examine the current phenomenon in the orderliness of the life of the Tanjung Benoa Traditional Village community which is based on regulations. Bali Region Number 4 of 2019 concerning Traditional Village. The results showed that the implementation of the Kasepekang customary sanctions in the Tanjung Benoa Traditional Village was carried out by the traditional leaders, namely Kelihan Banjar or Kelihan Adat with several stages in the form of giving advice (pitutur ayu), giving a warning (penglemek) to being excluded (Kasepekang) from the activities of community social organizations. banjar. It is hoped that people will become aware of and follow what the Banjar Adat community has agreed to do.

Tradisi Manak Salah di Desa Adat Padangbulia Kecamatan Sukasada Kabupaten Buleleng Ni Luh Gede Astari Dewi; I Ketut Sukadana; Diah Gayatri Sudibya
Jurnal Konstruksi Hukum Vol. 2 No. 1 (2021): Jurnal Konstruksi Hukum
Publisher : Warmadewa Press

Manak salah is a tradition carried out by the Padangbulia indigenous people who consider that the birth of tapered twins (male and female) is a mistake which obliges the parents and the tapered twins to undergo temporary isolation for three months. This was considered contrary to humanity so that the government issued Regional Regulation Number 10 of 1951 concerning the Elimination of Manak Salah or Buncing Customs. This study aims to explain the manak salah tradition in the traditional village of Padangbulia and what are the factors causing the implementation of the manak salah tradition in the traditional village of Padangbulia. The research used is empirical legal research with a sociology of law approach and a case approach by looking at real legal events that occurred in Padangbulia Village and the sources of legal materials used are primary and secondary legal materials with techniques of collecting legal materials through interviews and recording which are analyzed qualitatively in The descriptive form of the analysis shows that Manak was wrongly implemented in accordance with the beliefs of the Padangbulia people with the palm-leafed god tatwa and brahma sapa which were used as the basis for the implementation of this tradition since time immemorial. Even though the manak salah tradition has been abolished, it is still being carried out today because of the belief of the Padangbulia indigenous people about the disasters that will occur if this tradition is not implemented.

Penyediaan Karang Memadu bagi Warga yang Berpoligami di Desa Adat Penglipuran Kabupaten Bangli Kharisma Nanda Sattwika; Diah Gayatri Sudibya; Ni Made Puspasutari Ujianti
Jurnal Interpretasi Hukum Vol. 1 No. 1 (2020): Jurnal Interpretasi Hukum
Publisher : Warmadewa Press

The authority of the customary law community covers various fields of human life, including in the field of marriage. In the field of marriage, customary law community unity regulates its own marriage patterns as applied by customary law community unit in Penglipuran Adat Village, Bangli Regency, there are customary rules that forbid its citizens from polygamy by providing a place called coral combined for traditional village manners that do polygamy. The study examines two problem formulations namely how the marriage system in the Penglipuran traditional village, and what the function of the reefs is to integrate polygamy marriage in the Penglipuran traditional village. The research method used in this study is empirical legal research with the sociology of law approach. The results showed that the Penglipuran Indigenous Village implemented a Monogamy marriage system that had long been designed before it was published in Law Number 1 of 1974 concerning Marriage. Related to the function of coral reefs is to prevent polygamy marriages. The main goal is to give a woman's happiness as a wife. While the influence of the supply of coral blends is very effective because until now there are no residents who occupy the coral blends because there are no Penglipuran people who do polygamy. With this research it is expected that the Penglipuran Indigenous village should maintain and preserve the values of its local wisdom, because the Indigenous Village of Penglipuran is a well-known tourist destination. In addition, the government should always provide guidance to village officers to maintain the preservation of cultural values.

Kedudukan Duda Mulih Truna pada Perkawinan Nyentana di Banjar Pujung Kaja Desa Sebatu Ni Luh Made Noviantini; I Ketut Sukadana; Diah Gayatri Sudibya
Jurnal Interpretasi Hukum Vol. 1 No. 1 (2020): Jurnal Interpretasi Hukum
Publisher : Warmadewa Press

Balinese people adhere to the patrilineal family system. In Bali, the position of a man (purusa) is very important. There are several types of marriages in Bali, one of which is a Nyentana marriage. A man who carries out a Nyentana marriage is where a man is married by a woman and the marriage ceremony is held at the women's home. In Nyentana marriage there are many things that affect the occurrence of divorce, one of which is the problem of inheritance. Men who have been married in Nyentana marriage, then return to their original homes, no longer have the right to inherit in their original home because all of their inheritance rights have been lost since they legally carried out Nyentana marriages. Based on the above background, this study was conducted with the aim of outlining how the legal status of a Mulih Truna widower (Widower from Nyentana marriage) in his original home and how the right to inherit a Mulih Truna widower according to awig-awig (customary rules) in Banjar Pujung Kaja Sebatu Village. The method used in this legal research was empirical legal research methods. The results of this study indicateda man who returns to his original home after cessation will be called Mulih Trunawidower where the legal position in his home returns to being like a bujang (young man who has never been married) but does not reside as an heir again in his home. According to awig-awig in Banjar Pujung Kaja Sebatu Village, the right of inheriting a Mulih Trunawidower in his original home has been considered lost, and a Mulih Truna widower has been deemed to have left a kedaton (leaving all rights and obligations) in his home.

Penegakan Hukum terhadap Guest House dan Villa tanpa Izin di Kabupaten Badung Cinta Saraswati; I Made Arjaya; Diah Gayatri Sudibya
Jurnal Interpretasi Hukum Vol. 1 No. 2 (2020): Jurnal Interpretasi Hukum
Publisher : Warmadewa Press

Tourism is a source of local revenue and its investment is a potentially vital production factor in the service production business in this field. To support tourism accommodation in the tourist area of Badung Regency, guest houses (boarding houses/rented houses) and villas are needed as support. Especially in Badung Regency, in the Canggu area, many houses are used as guest houses for guests who want to stay in Bali. This study aims to determine the supervision of Guest Houses and Villas in Badung Regency, and to determine the application of sanctions against guest houses and villas that violate permits in Badung Regency. The method in this research is a type of normative legal research which is carried out with the method of recording and reviewing based on legal materials. In this study, studying and gathering information through legal science books without deviating from positive law in order to form a conclusion. The research results show that the supervision of Guest Houses and Villas in Badung Regency is given the authority by the Regional Regulation through the Civil Service Police Unit which is assigned to monitor every building that does not have a permit in the Badung Regency area, especially in the Canggu area. Then, sanctions against violators are in the form of warnings 3 times, if they do not disobey the villa owner, they will be subject to forced demolition by officers.

Perlindungan Hukum terhadap Konsumen yang Dirugikan atas Tidak Terteranya Informasi Kandungan Non Halal dalam Produk Makanan yang Diimport Gede Mahesa Priyambada Kusuma; I Nyoman Putu Budiartha; Diah Gayatri Sudibya
Jurnal Interpretasi Hukum Vol. 3 No. 2 (2022): Jurnal Interpretasi Hukum
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/juinhum.3.2.5062.263-268

Most of the Indonesian people adhere to the Islamic religion which must get a sense of security regarding products/goods that do not contain content that is not allowed in their religion. This trust arises when the entrepreneur holds a halal certification which can be seen by the buyer on the packaging label after being registered. This study aims to analyze and describe the legal protection for consumers who are harmed by the absence of information on non-halal content in imported food products. This study uses a normative legal approach, the data comes from legal materials and literature. The results of the study indicate that one form of legal protection for the people of Indonesia is contained in Law no. 8 of 1999 concerning Consumer Protection which includes protection of goods and/or services. The form of responsibility of business actors to provide compensation is regulated in Articles 19 to 28 of the UUPK.

Kedudukan Balu Luh di Desa Adat Suter Bangli I Made Suriana; I Made Suwitra; Diah Gayatri Sudibya
Jurnal Preferensi Hukum Vol. 1 No. 1 (2020): Jurnal Preferensi Hukum
Publisher : Warmadewa Press

The patrilineal descent system, as is also the case in the indigenous Balinese, has the consequence that the heirs in Bali are determined according to the male lineage (purusa). However, it is also possible for women to be appointed as heirs, that is, in the case of the girl being appointed as a sentana rajeg or the status of a girl is changed from predana to purusa status. Based on the background of this research problem formulation as follows: how is the obligation for the manners of Balu Luh in the Suter Bangli Customary Village and how the authority of the manners for the inheritance of her husband. The type of research used is empirical legal research. The results of this research discussion are as follows: Obligations for manners in the village of Suter Bangli, among others, take care of the inheritance of her deceased husband well, behave well, enforce discipline, obey the obligations, carry out obligations, panca yadnya and others, which are then referred to as her husband's legacy properly balu pageh, the widow's right as long as only enjoying it can not sell, give, and give it to others except with the consent of her children and the family of her late husband if her children are still small. This applies to heirlooms and riches (marriage assets), because for heirlooms, a widow does not have any rights, the right is the purusa of the family of her deceased husband, but the widow has the right to enjoy it if the widow is pageh. The authority of the courtesy of her husband's inheritance includes: Maintaining the integrity of the family, not doing things that are not good, so that it can be called a shame. No authority to sell, transfer the assets left by her late husband. May ask for children / sentana, but with the consent of the family of the late husband. May also remarry with the approval of the family of the late husband.

Sanksi Pidana bagi Pelaku Penyebaran Berita Hoaks serta Ujaran Kebencian dengan Memakai Akun Anonym I wayan Denny Syaputra; I Made Arjaya; Diah Gayatri Sudibya
Jurnal Preferensi Hukum Vol. 1 No. 1 (2020): Jurnal Preferensi Hukum
Publisher : Warmadewa Press

Crime in cyberspace is a crime with computer technology, especially the internet. One example is the spread of hoaxes and expressions of hatred. This research was conducted to determine the arrangements for spreading hate speech based on positive law, the legal consequences arising when someone is proven to spread hate speech and spread hoaxes, and efforts and steps taken to prevent the spread of hoax news and hate speech so as not to spread in the community. This research is a type of normative legal research with a statutory approach and conceptual approach. Arrangements for the dissemination of hoax news and expressions of hatred based on positive law have been explicitly regulated in the Criminal Code, which is found in Article 154 of the Criminal Code, Article 154a, Article 156, Article 156a, and Article 157 paragraph (1) and paragraph (2). Besides being regulated in the Criminal Code utterances of hate are regulated outside of the Criminal Code, including in Law No.40 of 2008 concerning the Elimination of Racial and Ethnic Discrimination, which is contained in Article 16, and is also regulated in Law No. 19 of 2016 concerning Renewal of Law No. 11 of 2008 concerning ITE has also regulated the distribution of hate speech through cyberspace, which is contained in article 27, article 28 paragraph (1) and paragraph (2), article 40 paragraph (2) and article 45 paragraph (2) due to the law incurred if someone is proven to have committed a crime of spreading hoax hoaxes and expressions of hatred can be jailed for 2 years, 3 years and even up to 10 years

Co-Authors A.A Sagung Laksmi Dewi Anak Agung Dita Intan Pertiwi Audina Rahma Cinta Saraswati Dessy Lina Oktaviani Suendra Gede Mahesa Priyambada Kusuma Gusti Ayu Putri Pratiwi I Dewa Ayu Diah Permatasari I Gede Pasek Darsana Wiratama I Gede Yoga Paramartha Duarsa I Gusti Agung Gede Pramudia Anggara Deva I Kadek Bagus Indra Pramana Putra I Ketut Sukadana I Ketut Sukadana I Made Arjaya I Made Sepud I Made Suriana I Made Suwitra I Nyoman Gede Sugiartha I Nyoman Putu Budiartha I Putu Aldi Wiryatama I wayan Denny Syaputra Kade Richa Mulyawati Kharisma Nanda Sattwika Mulyawati, Kade Richa Ni Luh Gede Astari Dewi Ni Luh Made Noviantini Ni Made Puspasutari Ujianti Putu Ayu Sintya Pradnya Dewi Putu Budiartha, I Nyoman Putu Wahyu Permana

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