Diah Gayatri Sudibya
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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 : Fakultas Hukum, Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/juinhum.1.2.2430.30-34

Abstract

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.
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

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Abstract

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

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Abstract

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