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All Journal Jurnal Konstruksi Hukum Jurnal Interpretasi Hukum Jurnal Preferensi Hukum (JPH)
Diah Gayatri Sudibya
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Law, Crime, Criminology & Criminal Justice Social Sciences

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Kedudukan Anak Astra dalam Mewaris Menurut Hukum Waris Adat Bali di Desa Adat Bengkel Tabanan I Putu Aldi Wiryatama; I Nyoman Putu Budiartha; Diah Gayatri Sudibya
Jurnal Konstruksi Hukum Vol. 4 No. 1 (2023): Jurnal Konstruksi Hukum
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/jkh.4.1.6033.73-77

Abstract

Berdasarkan hukum waris bersama Bali, status hukum anak Astra mengikuti status hukum ayah mereka setelah orang tua mereka menikah secara sah. Dalam kehidupan bermasyarakat, kemunculan anak oleh perempuan yang belum menikah secara sah dapat menimbulkan masalah. 1) status hukum anak Astra dalam pengertian hukum waris adat di Bali; 2) status hukum anak Astra dalam hal pewarisan setelah sahnya perkawinan. Hukum Waris Adat Bali Orang Tua. Untuk pembahasan ini, penelitian ini dilakukan dengan menggunakan penelitian hukum empiris. Sumber data dalam penelitian ini adalah sumber primer seperti penelitian lapangan dan sumber sekunder yang ditulis oleh para ahli, dan hasil para ilmuwan diolah dan dianalisis secara deskriptif untuk mencapai kesimpulan. Penyelidikan membuktikan bahwa status hukum anak Astra setelah Undang-Undang Nomor 1 Tahun 1974 mulai berlaku secara hukum hanyalah hubungan perdata dengan ibu dan keluarganya. Hak Anak Astra dalam Hukum Adat Bali Setelah orang tua kandung menikah secara sah di Bali, setelah anak Astra lahir dalam perkawinan yang sah, hak dan statusnya didasarkan pada ayahnya (Pursa).
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 : Fakultas Hukum, Universitas Warmadewa

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

Abstract

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.
Diversi terhadap Pelaku Pembuangan Orok Bayi oleh Anak (Studi Kasus Pengadilan Negeri Denpasar) Ni Putu Lalitha Candra Laksmi; Anak Agung Sagung Laksmi Dewi; Diah Gayatri Sudibya
Jurnal Preferensi Hukum Vol. 2 No. 1 (2021): Jurnal Preferensi Hukum
Publisher : Warmadewa Press

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Abstract

This journal is titled Diversion Against Actors Disposing Baby Orok by Children Like adults, children as perpetrators of crimes will also experience a legal process that is identical to adults who commit criminal acts, the meaning of identical words here means almost the same, different only time period and how to handle it. Diversion is the transfer or transfer of the judicial process into an alternative process of settlement of cases, namely through deliberations of recovery or mediation. The problem 1 what is the Judge's consideration for deciding Diversion on Children as Actors? And 2 what is the criminal sanction inflicted on children as perpetrators of criminal offenses by babies? The approach to the problem used in this study, this study uses a type of normative legal research called doctrinal legal research. The problem approach in this research is carried out by using the legislative approach method by examining all laws and regulations relating to the relevant legal events, conceptual approaches that move from the views and doctrines that develop in law, and case approach. Judge's consideration in determining the diversity of perpetrators of childbirth disposal by children, this case is found in case No. 18/Pid.SusAnak/2016/PN.Dps, children are given the opportunity to correct mistakes and be returned to their parents to be guarded and guided and to be fostered so that the child does not do the deed again.
Pengalihan Tanggung Jawab Pembayaran Utang Debitur Pinjaman Online kepada Ahli Waris Audina Rahma; I Nyoman Putu Budiartha; Diah Gayatri Sudibya
Jurnal Preferensi Hukum Vol. 3 No. 2 (2022): Jurnal Preferensi Hukum
Publisher : Warmadewa Press

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Abstract

Fintech Lending or Online Loans is an electronic media-based financial loan service that facilitates lenders and loan recipients through an application or website. All financial transactions are carried out under Electronic Contracts. Often the Online Loan Contract does not include a clause regarding the risks that may occur if the loan recipient (debtor) dies before the loan (receivable) is paid off. The problems in this study is the validity of the online loan agreement and the transfer of responsibility for paying debts from online loan debtors to their heirs. This study applies a normative method with a statutory and conceptual approach. The conclusion of this study is that the recipient of the loan/debtor is obliged to repay the money borrowed to the lender/creditor according to the amount and the agreed time period. The heirs can be held responsible for paying off debts when the heirs have stated that they have received the inheritance as referred to in Article 1045 of the Civil Code.
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

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/jkh.1.1.2137.140-144

Abstract

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

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/jkh.1.1.2148.152-156

Abstract

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

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/jkh.1.1.2151.170-175

Abstract

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

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/jkh.2.1.2989.170-174

Abstract

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 : Fakultas Hukum, Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/juinhum.1.1.2189.72-76

Abstract

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 : Fakultas Hukum, Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/juinhum.1.1.2208.186-190

Abstract

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.
Co-Authors A.A Sagung Laksmi Dewi Anak Agung Dita Intan Pertiwi Audina Rahma Cinta Saraswati Dessy Lina Oktaviani Suendra Dewi, A.A Sagung Laksmi 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 Ni Putu Lalitha Candra Laksmi Putu Ayu Sintya Pradnya Dewi Putu Budiartha, I Nyoman Putu Wahyu Permana