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I Wayan Arthanaya
Univesitas Warmadewa
Law, Crime, Criminology & Criminal Justice Social Sciences

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Hubungan Fungsional Desa Pakraman dengan Desa Dinas dalam Pelaksanaan Pembangunan di Desa Pererenan Menurut UU No. 6 Tahun 2014 I Made Restu Putra; I Wayan Arthanaya; Luh Putu Suryani
Jurnal Konstruksi Hukum Vol. 1 No. 2 (2020): Jurnal Konstruksi Hukum
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/jkh.1.2.2534.426-430

Abstract

Indonesian Constitution No. 6 of 2014 concerning Villages stipulates that a village refers to official village and traditional villages, but hereinafter referred to as village. This implies that there is a village government organizer. If this provision is applied in Bali, however, it will trigger an indication of the blurring of norms since in Bali there are two types of villages, namely Desa Pakraman (customary village) and official village, and the same is true in Desa Pererenan. The official village carries out the function of administering government administration and the Desa Pakraman (customary village) carries out the function of administering customary and religious affairs. The dualism of governance in villages in Bali, including in Pererenan Village, in the implementation of village development, can cause problems, because each village has autonomous rights in carrying out government functions. Therefore, this study highlights two things, namely how the development is planned in Desa Pererenan and the functional relationship between the Desa Pakraman and the official village in the implementation of development. The method used to examine these two issues is the normative research method, which involves qualitatively analyzed documents, both official and in the form of notes, laws and regulations and related government regulations. The research conclusions are drawn deductively. Based on the results of data analysis, it can is revealed that the development planning process (physical and non-physical) in Desa Pererenan refers to the Badung Regency development planning pattern, such as the National Plan of Development Plan (PPNSB), which adopts the philosophy of life and local wisdom of the Balinese people. Village development planning involves the Village Consultative Body (BPD) and the community in a participatory manner, is compiled in a periodic manner, and includes the Village Medium-Term Development Plan (RPJM) for a period of 6 (six) years and the Village Government Work Plan (RKP) for a period of 1 ( one year). The relationship between the desa pakraman and the official village in Pererenan Village is functional, namely consultative and coordinative, which is the working relationship between the prajuru desa pakraman (head of desa pakraman) and the official or perbekel village head. The duties and authorities of the two villages have differences but are still interrelated with one another.
Sanksi Pidana bagi Pelaku Penyelundupan Imigran Gelap Anak Agung Ngurah Alit Bramandhita; I Wayan Arthanaya; Ni Made Sukaryati Karma
Jurnal Konstruksi Hukum Vol. 1 No. 2 (2020): Jurnal Konstruksi Hukum
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/jkh.1.2.2593.255-259

Abstract

The smuggling of illegal immigrants in Indonesia is an old problem, compounded by the situation in which people smuggling is carried out by Indonesian citizens themselves. The weak law regarding smuggling of illegal immigrants owned by Indonesia has made Indonesia no longer a transit country, but has become a smuggling destination country. Illegal immigrant smuggling can be defined as an activity that has the aim of making a profit, by bringing illegal foreigners to enter Indonesian territory. This study aims to determine the application of the illegal immigrant smuggling crime in Indonesia and to know the criminal sanctions against the illegal immigrant smugglers. This type of research used in this research is normative legal research using the literature review method in finding legal material. The data sources are Primary Legal Materials, which are binding legal materials, namely the 1945 Constitution of the Republic of Indonesia, the RKUHP in Chapter XXII of human smuggling, the Law concerning. The data was collected by means of a documentation study which was carried out by reading and recording the explanatory information obtained. The materials that have been collected are then processed using the inductive deductive method or vice versa, in order to obtain quality legal materials in accordance with the subject matter discussed which in the end the processing will be presented descriptively. The results show that the illegal immigrant smuggling crime is regulated in Article 120 of Law Number 6 of 2011. Then, the perpetrator of the illegal immigrant smuggling crime will be imprisoned for a minimum of 5 (five) years and a maximum of 15 (fifteen) years with a minimum fine of five hundred million rupiah and a maximum of one billion five hundred million rupiah.
Penegakan Hukum Larangan Berburu Satuan Liar di Wilayah TNK Labuan BAJO Manggarai Barat Fransiskus Leric Kleden; Ida Ayu Putu Widiati; I Wayan Arthanaya
Jurnal Konstruksi Hukum Vol. 2 No. 2 (2021): Jurnal Konstruksi Hukum
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/jkh.2.2.3235.228-232

Abstract

The diversity of fauna in Indonesia is Yaranus komodoensis in the Komodo National Park (TNK) Labuan Bajo, East Nusa Tenggara. Currently, Kornodo is suspected of experiencing local extinction, thought to be caused by a reduced deer population due to illegal hunting, law enforcement on the prohibition of hunting wildlife in the area is still ineffective considering that hunting of wild animals is still happening. Efforts are made to increase the effectiveness of law enforcement on wildlife hunting by socializing the community and increasing the number of forest police officers in each region. . The research method used is empirical legal research, meaning that a study examines the problem based on the facts that occur in the field. From the research, there was hunting of deer wildlife in Komodo National Park. The purpose of this research is to determine the enforcement of the law on the prohibition of hunting wildlife in the Kornodo National Park and to find out the effectiveness of enforcing the law on the prohibition of hunting wildlife in the Komodo National Park.
Implementasi Pasal 53 Undang-Undang Nomor 22 Tahun 2001 tentang Minyak dan Gas Bumi Terkait Pelaku Usaha Pertamini di Kota Denpasar Ferdy Pradana; I Nyoman Putu Budiartha; I Wayan Arthanaya
Jurnal Konstruksi Hukum Vol. 2 No. 2 (2021): Jurnal Konstruksi Hukum
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/jkh.2.2.3268.429-433

Abstract

Petroleum as a strategic natural resource contained in the Indonesian mining jurisdiction is and has become a national asset that has been controlled by the State. This study aims to explain the legal sanctions for first business actors who trade oil and gas without having a business license to distribute oil and gas and describe the implementation process of the government's prohibition against first business actors in Denpasar. This research uses empirical legal research. The data collection technique was carried out through interviews. The data sources used are primary and secondary legal materials. The results of this study indicate that the regulation regarding legal sanctions for first-time business actors who do not have a license to distribute oil and natural gas has been regulated in Article 53 of Law Number 22 Year 2001 concerning oil and natural gas regarding processing, transportation, storage and commerce. However, with the complexity of business activities today, this regulation has not been able to reach and accommodate the current first developments. The application of the government's prohibition against first business actors in the city of Denpasar is still very contrary to the practice in the field. Only one owner only uses a micro and small business license (IUMK). Apart from that, the government has not been able to take action because there is no legal basis for controlling
Pelaksanaan Pemungutan Bea Perolehan Hak Atas Tanah dan Bangunan (BPHTB) di Kota Denpasar Anak Agung Triana Putri; Ida Ayu Putu Widiati; I Wayan Arthanaya
Jurnal Konstruksi Hukum Vol. 2 No. 3 (2021): Jurnal Konstruksi Hukum
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/jkh.2.3.3618.450-455

Abstract

Gaining authority regarding buildings and land arises as a result of changes that cover the events and activities of individuals or legal entities as legal subjects who are given the responsibility to have rights to land and buildings by active laws and regulations. The purpose of this research is to reveal the implementation of the collection of Customs for the Acquisition of Land and Building Rights (BPHTB) for the transfer of rights in Denpasar City as well as the obstacles and and efforts to solve problems in the implementation of the collection of BPHTB. The method used is empirical legal research with a case approach. The data collection technique was carried out by field research. The sources of legal data used are primary and secondary, then the data is analyzed systematically. The results of the research reveal that the collection of BPHTB in the city of Denpasar uses an online system that has been regulated in the regulation of the mayor of Denpasar number 17 of 2016 which is contained in Article 5 by depositing the amount of payment to the BPD bank and paying taxes in the city of Denpasar, using a self-assessment system. The Denpasar City Government Regulation in determining the selling value in buying and selling transactions is based on verification and validation in contrast to the self-assessment system, the results of verification and validation often get the selling value set by the Regional Revenue Service which is much more than the actual value.
Pertanggung Jawaban Perusahaan Daerah Parkir Terhadap Konsumen Ditinjau dari Peraturan Daerah Kota Denpasar Nomor 11 Tahun 2005 tentang Sistem Penyelenggaraan Perparkiran Kadek Rizal Artawan; Ni Komang Arini Styawati; I Wayan Arthanaya
Jurnal Konstruksi Hukum Vol. 2 No. 3 (2021): Jurnal Konstruksi Hukum
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/jkh.2.3.3673.650-655

Abstract

Regional Regulation Number 11 the year 2005 concerning the system of parking arrangement states, the regulation states if the consumer loses a vehicle in the place where the retribution is levied then Denpasar Parking Company will provide the compensation . However, there is still a lot of society that does not know about compensation regulation. The purposes of the research are to analyze the consumer's effort who have suffered losses in demanding the compensation and the responsibility of Denpasar Parking Company due to the loss of vehicles in Denpasar city. The method used is empirical legal research and the approach used is the statute approach and fact approach. The results of this stud y show the consumer who demands compensation for the losses in the Denpasar City area can be done in 2 ways outside the court and in court. Carving compensation through non -litigation from Denpasar Parking Company is by giving compensation that has been set. The mechanism of Denpasar Parking Company in providing the compensation is the compensation should be paid no later than 7 days afler the claim submission file is received, but any incidents outside the loss of the vehicle are not the responsibility of the Denpasar Parking Company.
Pengawasan Dinas Lingkungan Hidup terhadap Pembuangan Sisa Limbah Industri Rumah Binatu Sang Kompiang Kurnia Yudha Putra; I Wayan Arthanaya; Luh Putu Suryani
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.1.2.2462.186-190

Abstract

Indonesia is well-known as a developing country being rich in tourist objects and its people who have been opening many businesses to earn more income. One of the businesses that are interrelated with the world of tourism is a laundry house service, engaged in laundry services, which makes this business attractive to a lot of residents and whose services are often used by tourism places. The laundry house industry is growing rapidly along with the increasing activity of residents. In this regard, this study examines two issues: (1) the supervision of the Environmental Agency on the laundry house industry in the disposal of waste residue and (2) the application of sanctions against perpetrators of violations of waste disposal as seen from the Regional Regulation of the City of Denpasar Number 11 of 2015. The method use to achieve these objectives is the method of empirical legal research which is carried out by conducting research examining the arising problems based on legal rules and then related to the realities in the field. The Environmental Agency of Denpasar City has enforced control of the breaking pf rules that have occurred; if there is a laundry house that violates it, a written statement is be issued but if the laundry house does not repair the waste treatment system, a warning letter is be issued. Ultimately, if the violation continues to take place, decisive repression in light criminal act is executed in collaboration with the local civil service police unit.
Kedudukan Badan Permusyawaratan Desa (BPD) Sebagai Lembaga Pengawas Terhadap Kinerja Kepala Desa di Dalam Pemerintahan Desa I Gusti Made Bayu Nugraha; I Gusti Bagus Suryawan; I Wayan Arthanaya
Jurnal Interpretasi Hukum Vol. 2 No. 3 (2021): Jurnal Interpretasi Hukum
Publisher : Fakultas Hukum, Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/juinhum.2.3.4141.584-589

Abstract

Local government is an efficient and effective form of government, because the central government cannot handle all the complex problems of the state. The problem raised in this study is about the authority of the village consultative body as a supervisory agency for the performance of the village head. The purposes of this study are to examine the position of the village consultative body in the village government and the implementation of BPD supervision on the performance of the village head in the village government. The method used is a normative legal research method with a case approach. The technique of data collection is done by literature study. The sources of legal materials used are primary, secondary and tertiary sources of legal materials which are then analyzed systematically. The results of the study indicate that the authority of the village consultative body is to hold meetings with the community to collect their wishes, channel the wishes of the community to the village government both orally and in writing, present the draft Perdes under its authority, monitor and evaluate the performance of the village head, request information on the administration of village governance to the village head. village government, express opinions on the implementation of village governance, carry out village development, promote village communities and empower village communities
Co-Authors Anak Agung Ngurah Alit Bramandhita Anak Agung Triana Putri Ferdy Pradana Fransiskus Leric Kleden I Gusti Made Bayu Nugraha I Made Restu Putra Kadek Rizal Artawan Karma, Ni Made Sukaryati Ni Komang Arini Styawati Putu Budiartha, I Nyoman Putu Suryani . Sang Kompiang Kurnia Yudha Putra suryawan, Gusti Bagus Widiati, Ida Ayu Putu