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All Journal PADJADJARAN Jurnal Ilmu Hukum (Journal of Law) Jurnal Akta International Journal of Community Service Learning Sociological Jurisprudence Journal Jurnal Notariil Pena Justisia: Media Komunikasi dan Kajian Hukum Jurnal Konstruksi Hukum Jurnal Interpretasi Hukum Jurnal Preferensi Hukum (JPH) Yuridika Postgraduated Community Service Journal Law Doctoral Community Service Journal Yuris: Journal of Court and Justice Protection: Journal Of Land And Environmental Law Journal of Political And Legal Sovereignty International Journal of Law, Crime and Justice Jurnal Analogi Hukum
I Nyoman Sukandia
Fakultas Hukum, Universitas Warmadewa, Denpasar-Bali, Indonesia
Humanities Economics, Econometrics & Finance Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences Other

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RESOLUTION OF NON-PERFORMING LOANS IN CREDIT AGREEMENTS WITHOUT MORTGAGE DEED AT THE CUSTOMARY VILLAGE CREDIT INSTITUTION (LPD) OF PADONAN TIBUBENENG, NORTH KUTA, BADUNG Dewi, Ni Kadek Marantina; Mahendrawati, Ni Luh Made; Sukandia, I Nyoman
YURIS: Journal of Court and Justice Vol. 3 Issue 1 (2024)
Publisher : jfpublisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56943/jcj.v3i1.503

Abstract

The enactment of Law No. 4/1996 on Mortgage Rights mandates that any action establishing land rights under Law No. 5/1960 on Agrarian Principles must involve the granting of mortgage rights via APHT as debt repayment security, with the Mortgage Rights Deed being a crucial part of the debt agreement. Despite this, some financial institutions like LPD Padonan Tibubeneng Customary Village extend credit without APHT. Researchers are interested in LPD Padonan’s response to defaulted agreements, which pose a legal discrepancy. Similar cases arise in various LPDs in Bali, where credit is granted with collateral but lacks a mortgage deed, leading to legal issues upon default. LPD Padonan faces the same challenge, hindering collateral execution upon default. Empirical legal research, using legal concepts and theories, is conducted, supplemented by data from LPD Padonan. Steps taken upon default, before non-performing loan status, involve warning letters and subpoenas. If unsuccessful, credit settlement by Padonan LPD occurs through two channels: non-litigation avenues such as deliberations and credit restructuring, particularly for Padonan residents, and customary settlement through paruman.
THE EFFECTIVENESS OF THE SPECIAL DEVELOPMENT PROGRAM FOR CHILDREN AT THE CLASS II JUVENILE REHABILITATION CENTER IN KARANGASEM, BALI Virgayanti, Ni Ketut Anik; Astara, Prof. Dr. Drs. I Wayan Wesna; Sukandia, Dr. I Nyoman
YURIS: Journal of Court and Justice Vol. 3 Issue 2 (2024)
Publisher : jfpublisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56943/jcj.v3i2.548

Abstract

The effectiveness of the Class II Juvenile Rehabilitation Center (LPKA) Program in Karangasem Regency is an important focus in safeguarding the development of juveniles involved in criminal proceedings. In an increasingly complex era, the importance of a sensitive and responsive approach to their needs is necessary. The purpose of special development program for juveniles is to prevent recidivism, protect children's human rights, and build an inclusive society. this research aims to examine and analyze the effectiveness of the Class II Juvenile Rehabilitation Center special development program in Karangasem regency as well as identify any factors that influence the effectiveness of the Class II Juvenile Rehabilitation Center special development program in Karangasem regency. This research applies descriptive empirical method by exploring field data through interviews and observations. The findings indicated that the effectiveness of the development program has had a positive impact with adequate facilities and cooperation with external parties. Despite obstacles such as emotional problems and adjustment difficulties, efforts continue to be carried out towards improving the program. However, there are still obstacles in improving skills training facilities. In conclusion, the effectiveness of the special development program for juveniles at Class II Juvenile Rehabilitation Center (LPKA) in Karangasem Regency can be concluded as significant, with efforts to continue improving its quality in preparation for the juvenile to return to the community in a productive manner.
LEGAL STATUS OF AUTHENTIC DEED CONFIDENTIALITY DRAFTED BEFORE NOTARY WITH SWORN TRANSLATORS Cahyadi, Gede Dwiki; Sukandia, I Nyoman; Renaya, Nengah
YURIS: Journal of Court and Justice Vol. 3 Issue 3 (2024)
Publisher : jfpublisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56943/jcj/v3i3/601

Abstract

In Indonesia, authentic legal deeds must be written in Bahasa Indonesia as required by law. Notaries are responsible for maintaining the confidentiality of these documents according to the Notary Position Act and the Code of Ethics. When parties involved are not proficient in Bahasa Indonesia, a sworn translator is required to ensure the deed's authenticity and validity. The notary must oversee the accurate translation or explanation of the deed's contents, especially if they are unfamiliar with the language in which the deed is written. This research aims to examine and analyze the vagueness of legal norms regarding whether the confidentiality status of authentic deeds is still classified as confidential in the presence of a sworn translator in the deed drafting according to the Notary Position Act as well as the responsibilities of sworn translators regarding their participation for the sake of constitutional law. This research applies normative and literature review method with statutory and legal concept approach. The research findings indicate that the confidentiality of an authentic deed prepared by a notary with the assistance of a sworn translator is legally protected. Both the notary and the translator are bound by law to maintain the deed's confidentiality, with specific legal provisions requiring them to adhere to their professional ethics. Sworn translators are responsible for ensuring accurate translations and may face civil or criminal liability for breaches of confidentiality or inaccuracies in their work. This includes potential penalties under the Civil Code and Criminal Code for unlawful acts or false testimony.
Effectiveness of Implementing Complete Systematic Land Registration on Village Lands in Singakerta Village, Gianyar District MATARAM, I Gede Arie; SUKANDIA, I Nyoman; UTAMA, I Wayan Kartika Jaya
Protection: Journal Of Land And Environmental Law Vol. 2 No. 1 (2023): Protection: Journal Of Land And Environmental Law. (July – October 2023)
Publisher : Indonesia Strategic Sustainability

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38142/pjlel.v2i1.1020

Abstract

The existence of customary land cannot be separated from the existence of a Traditional Village, for example, in Bali Province, where a Traditional Village has the right to own land called Druwe Village. The existence of Druwe Village has a starting point that is measured by the existence of traditional villages. Land has become an elemental philosophy, with the term Pateman, which is an element that creates a balanced life that is related to the continuity of environmental life. In this research, the discussion is about the effectiveness of carrying out village land registration through a complete system land registration (PTSL) program in Singakerta Village, which is located in Gianyar Regency and the rights and obligations of all traditional village members who live/occupy the land. Carried out from generation to generation after the village yard land (PKD) is registered. This research uses research conducted empirically. The Government's ongoing efforts to carry out land registration in regions in Indonesia, namely in the Singakerta Traditional Village, include carrying out improvements and implementing regulations so that they are perfect for the regulations that have been issued. About the issuance of a Land Certificate in the name of an individual or an individual regarding Tri Hita Karana objects, one of which is tebe/telajakan land, by submitting a personal land registration application using personal fees and if the budget year is for an object that is not designated by the systematic land registration object complete (PTSL).
The The Concept of Profit Sharing Agreement in Land Management in Segara Kodang, Sesetan Village, South Denpasar District, Denpasar City UTAMA, Kartika Jaya; SUKANDIA, I Nyoman; AGUNG, Anak Agung Istri; DEWI, Ida Ayu Permata Winditya; YUDHA, I Putu Wira Dharma Putra
Protection: Journal Of Land And Environmental Law Vol. 2 No. 2 (2024): Protection: Journal Of Land And Environmental Law. (November – February 2024)
Publisher : Indonesia Strategic Sustainability

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38142/pjlel.v2i2.1149

Abstract

The importance of the meaning of soil for human life is because human life is utterly inseparable from the soil. They live on the land and obtain food by utilizing the land. The amount of land that can be controlled by humans can be reduced due to erosion, while the number of people who wish for land is constantly increasing. In answering legal problems, this research uses an empirical method.   The people of Sesetan Village use customary Law passed down from generation to generation, carried out orally based on trust and agreement, and no deed is made from these legal acts. The implementation of the profit-sharing agreement can be carried out well with the existence of a trust system between the customary village institution and the community in maintaining the agreement as well as knowing and implementing their respective rights and obligations agreed upon at the time of making the agreement which aims to improve the economy of the community in the use of village land and especially the customary Village itself.
Legal Provisions of Foreign Investment in Badung Regency - Bali AGUNG, Anak Agung Istri; SUKANDIA, I Nyoman; SUJANA, I Nyoman
Protection: Journal Of Land And Environmental Law Vol. 2 No. 2 (2024): Protection: Journal Of Land And Environmental Law. (November – February 2024)
Publisher : Indonesia Strategic Sustainability

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38142/pjlel.v2i2.1174

Abstract

The progress of the Indonesian nation is also supported by the presence of investors who are willing to invest in important domestic sectors. Investment is one of the instruments that drives economic progress in Indonesia, especially in Badung Regency - Bali. Many foreigners come to Bali for various purposes, including vacationing while doing business, working, learning about culture, doing research, or investing. Recently, there have been many foreign business activities involving property rental (land and buildings) either by individuals or in the form of PT PMA (Limited Liability Company with Foreign Investment) in Indonesia. This study aims to determine and understand the legal provisions for foreign investment in Bali, especially in Badung Regency and legal protection for foreigners investing in Bali based on applicable provisions. The method used in this study is normative legal research to find the type of investment and legal protection for foreigners investing in Bali based on applicable provisions.
Pengabdian Kemitraan Masyarakat Pada Koperasi Simpan Pinjam Mahendrawati, Ni Luh Made; Saisaria Mandasari, I.A. Cynthia; Sukandia, I Nyoman
International Journal of Community Service Learning Vol. 5 No. 3 (2021): August 2021
Publisher : Universitas Pendidikan Ganesha

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (176.492 KB) | DOI: 10.23887/ijcsl.v5i3.37047

Abstract

Penerapan sistem manajemen koperasi yang belum tepat dimasa pandemi covid-19, model format perjanjian simpan pinjam yang belumsesuai dengan kondisi pandemi covid-19, kredit macet, menganalisa perjanjian kredit dan mengubahnya agar lebih baik serta mengawasi penarikan kredit macet. Beberapa hal tersebut merupakan masalah yang terdapat di koperasi simpan pinjam selama masa pandemi covid-19. Penelitian ini bertujuan untuk mengembangkan koperasi melalui pendekatan pembinaan, pendampingan, dan sosialisasi. Penelitian ini merupakan penelitian pengabdian yang berlokasi di Koperasi Simpan Pinjam Shanti Prapta Sedana. Karena kekuatan koperasi berada di tangan anggotanya, maka kesadaran akan disiplin dan fanatisme anggota sangat penting guna meningkatkan pemahaman koperasi serta etos koperasi yang perlu ditanamkan pada setiap anggota. Dalam rangka pengembangan sumberdaya manusia pada koperasi dapat menempuh pendekatan baik struktural maupun kultural. Pendampingan Koperasi Simpan Pinjam Santhi Prapta Sedana ini juga dilakukan via telefon, WhatsApp, Zoom Meeting, dan secara langsung agar lebih berjalan maksimal. Berdasarkan hasil penelitian pengabdian ini, tim pengabdian memberikan pendampingan dengan memberikan usulan-usulan terkait masalah penarikan kredit bermasalah dan membina para anggota yang bermasalah diantaranya reconditioning, restructuring, cashflow, write off.
Legal Protection of Pauman Land in Karangasem District BUDIADNYANA, I Gusti Putu; SUWITRA, I Made; SUKANDIA, I Nyoman
Protection: Journal Of Land And Environmental Law Vol. 3 No. 2 (2025): Protection: Journal Of Land And Environmental Law. (November – February 2025)
Publisher : Indonesia Strategic Sustainability

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38142/pjlel.v1i2.596

Abstract

This paper examines the legal status and registration of Pauman land in the Karangasem Regency of Bali. The concept of Pauman land is unique to this region and is considered a gift from the King of Karangasem. Recently, there have been disputes over the registration of Pauman land as individual plots through PTSL, leading to questions about its legal status and ownership. The study uses an empirical legal approach, including statute, historical, case, analytical, conceptual, and legal sociology approaches. The research highlights the gap between the predetermined norm and the implementation of Pauman land practices. Pauman cannot be considered a legal entity that can hold land rights under state law, but it can be recognized as a subject of the Temple according to the Decree of the Minister of Home Affairs. The paper recommends issuing a Certificate of Property Rights (SHM) in the name of the Temple to strengthen the position of Pauman land ownership without changing its communal and cultural heritage status. The use of the Temple's subject name is preferable to borrowing the name Klian for registering Pauman land as communal property. The study also predicts potential disputes due to re-recognition by the puri family, which needs to be anticipated by Pauman. Overall, this paper provides insights into the unique legal status and registration of Pauman land in the Karangasem Regency of Bali and offers recommendations to ensure the preservation of its communal and cultural heritage status. 
ACTUALIZATION OF BANK PRINCIPLES OF PRECAUTION IN AN EFFORTS TO PROTECT CUSTOMERS AGAINST SOCIAL ENGINEERING BANKING CRIME MODES I Made Aditya Mantara Putra; Johannes Ibrahim Kosasih; I Nyoman Sukandia; AA Ngr Mayun Narindra
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 24 No. 1 (2025): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v24i1.6515

Abstract

This study is based on the increasing cases of socialengineering fraud in the banking sector that threatencustomer security. The urgency of this study lies in theneed to understand how the bank's precautionaryprinciple can be actualized to protect customers fromincreasingly sophisticated crime modes. The purpose ofthis study is to analyze the application of theprecautionary principle in customer protection effortsand to identify steps that can be taken by banks to reducethe risk of such crimes. The research method used is anormative method supported by empirical data. Empiricaldata were collected through in-depth interviews withbank management, namely at PT. Bank BRI DenpasarRenon Branch and PT. Bank BPD Bali Denpasar Branch.The results of the study indicate that although banks haveimplemented several precautionary principles, there arestill gaps in their implementation that can be exploited bycriminals. This study found that customer education andimproving digital security systems are important stepsthat need to be taken to strengthen customer protection.The output of this study is expected to provide practicalrecommendations for banks in optimizing the applicationof the precautionary principle and increasing customerawareness of the potential risks of social engineeringcrimes. In addition, the results of this study can also be areference for better banking policies in protectingcustomers in the digital era
The Validity of the Belis Marriage is Related yo the Right to Inherit Land in Hambapraing Village, East Sumba Regency Arnold Paul Kurniawan Djae; I Nyoman Sukandia; I Wayan Kartika Jaya Utama
International Journal of Law, Crime and Justice Vol. 1 No. 4 (2024): December : International Journal of Law, Crime and Justice
Publisher : Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62951/ijlcj.v1i4.304

Abstract

Because there is a shift in the meaning of belis from a cultural tradition to something that is considered a burden and burdensome for men as the party who gives belis, this also causes the giving of belis to not be carried out in full before the marriage takes place. So from this it is very good to examine if the belis is not fully implemented whether the heirs' rights for the heirs will be obtained. Rather than this, this study uses an empirical legal research method by using a conceptual approach. Where the source of data for this research is obtained through primary data obtained through the results of interviews, observations and documentation. Secondary data is obtained through applicable laws and regulations. The data source is then analyzed with description techniques and legal discovery techniques in the field. The result of this study is that if the marriage status of the belis that has not been paid in full in Hambraping village, then the man will be obliged to prepare land and land for the woman who is in the village which is usually called Laku Longgamai which means that the woman is not allowed to visit the man's house and is only allowed once a month if the woman returns to her biological parents' house,  It is also not allowed to stay overnight and stay overnight.
Co-Authors AA Ngr Mayun Narindra ABDULLAH, Mohd Kamarulnizam Bin Agung, Anak Agung Istri Anak Agung Istri Agung Arnold Paul Kurniawan Djae Astara, Prof. Dr. Drs. I Wayan Wesna BUDIADNYANA, I Gusti Putu Cahyadi, Gede Dwiki Chornous, Yuliia Cok Gde Agung Santika Putra Desak Gde Dwi Arini Desak Gde Dwi Arini Dewa Ayu Dwi Diah Novita Dewi DEWI, Ida Ayu Permata Winditya Dewi, Ni Kadek Marantina Diah Gayatri Sudibya Dita Paramitha Gde Made Swardhana I Gede Artadi Wira Guna I Gede Surya Pratama Putra I Komang Eka Adi Putra I Made Aditya Mantara Putra I Made Minggu Widyantara I Made Minggu Widyantara I MADE MINGGU WIDYANTARA, I MADE MINGGU I Made Pria Dharsana, I Made Pria I Made Suwitra, I Made I Nyoman Alit Puspadma I Nyoman Putu Budiartha I Nyoman Sujana I NYOMAN SUTAMA I Putu Gede Ryan Chandra Indrawan I Putu Surya I Wayan Kartika Jaya Utama Indah Permatasari Jelita, Maria Inda Johannes Ibrahim Kosasih Ketut Adi Wirawan Ketut Bagus Kurniawan Wahyu Wibawa Komang Anik Sudarnita Krisna Dwipayana Dira Putra Kusuma, Ida Bagus Ananta Luh Made Mahendrawati MATARAM, I Gede Arie Nandiri, Ni Putu Sawitri Ni Komang Arini Styawati Ni Komang Arini Stywati Ni Made Eka Pradnyawati Ni Made Puspasutari Ujianti Ni Made Puspasutari Ujianti Ni Putu Sawitri Nandiri Pemayun, Cok Istri Wulan Pratama, Putu Rama Ari Putra, I Nyoman Esna Parhita Putu Ayu Sriasih Wesna Putu Budiartha, I Nyoman Renaya, Nengah Saisaria Mandasari, I.A. Cynthia Sujana, I Nyoman UTAMI, I Dewa Ayu Listari Virgayanti, Ni Ketut Anik YUDHA, I Putu Wira Dharma Putra