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Pemusnahan Uang Rupiah dalam Upacara Pitra Yadnya di Bali Perspektif Undang-Undang Nomer 7 Tahun 2011 I Made Agus Mertajaya; I Made Suwitra; I Ketut Sukadana
Jurnal Konstruksi Hukum Vol. 1 No. 2 (2020): Jurnal Konstruksi Hukum
Publisher : Warmadewa Press

This study aims to determine the application of sanctions to the perpetrators of the crime of destroying money in the pitra yadnya ceremony. The phenomenon that is happening now is that many Hindu people in Bali burn rupiah currency in the pitra yadnya ceremony on the grounds that it is a provision for the person being ceremonied. Grounded by the phenomenon the stuy examines two issues: a) how is regulate the destruction of money regulating in the to law Law Number 7 of 2011 concerning Currency, b) whether or not the burning of money as a fundametal provision in the pitra yadnya ceremony is classified as a criminal act. In conducting this research, the authors use normative the research method and statutory approachs and conceptual approach. Furthermore, the legal materials that have been collected are processed using the descriptive analysis method. The results showed that the regulation on the destruction of rupiah currency contained in Article 1 paragraph (10) of Law Number 7 of 2011 and Article 11 paragraph (1) to Article 11 paragraph (4) also regulates the destruction of rupiah. Burning money as a provision in the pitra yadnya ceremony cannot be classified as a criminal act because it does not fulfill the criminal element, namely the element of the intent of the act being committed and the inner will of the person burning the money in question. Apart from that, this also gets the penalties written off because they are considered connected to the public interest.

Kewenangan Aparat Kepolisian dalam Pengawalan Konvoi Kendaraan Bermotor Berukuran Besar di Jalan Raya I Made Adi Putra; I Nyoman Putu Budiartha; I Ketut Sukadana
Jurnal Konstruksi Hukum Vol. 1 No. 2 (2020): Jurnal Konstruksi Hukum
Publisher : Warmadewa Press

It is common for a large motorbike convoy to cause accidents, both between large motorbike riders and other vehicle riders. This is due to the fact that the speed of the large-sized motorbikes itself can be said to be quite fast, coupled with the behavior of some of these riders who sometimes like to run red lights and put aside the traffic signs, which often results in accidents. Based on this factual background, the legal issues examined in this study are: What is the authority of the police in escorting large motorbike convoys and what is the responsibility of the police in implementing the convoy when accident victims occur on the road. The type of research used in this research is normative legal research. The results of this research are that the authority of the police apparatus in providing escort for large motorbike convoys is the provision of Article 14 letters a and 18 paragraph (1) of Law no. 2 of 2002 concerning the National Police of the Republic of Indonesia and Article 12 letter e of Law No. 22 of 2009. These provisions basically constitute the authority of the police apparatus to carry out the regulation, guarding, escort and patrol of community and government activities as needed, and to give the authority to act according to their own judgment in the public interest. The responsibility of the police is to carry out the convoy in the event of a victim of an accident on the highway in order to maintain order and ensure security, safety, orderliness and smoothness of road transportation.

Kebijakan Hukum Pidana dalam Penanggulangan Tindak Pidana Perdagangan Anak I Ketut Eka Yoga Juliantika; I Made sepud; I Ketut Sukadana
Jurnal Konstruksi Hukum Vol. 1 No. 2 (2020): Jurnal Konstruksi Hukum
Publisher : Warmadewa Press

Children are often victims of child trafficking crime. There are a lot of factors that support the crime of child trafficking, one of which is the lack of regulation on child trafficking. Based on this background, this research was conducted with the aim of describing how the regulation of child trafficking and how the criminal law policy against child trafficking. This research was designed using a normative legal research method. The results of this study indicated that the regulation of child trafficking is regulated in Law No. 21 of 2007 concerning the Eradication of the Crime of Trafficking in Persons, the Criminal Code (KUHP), namely Article 297, Article 301, Article 324, Article 328, and Article 330, RI Law No. 21 of 2007 concerning the Eradication of the Crime of Trafficking in Persons, Law No. 35 of 2014 on Amendments to Law no. 23 of 2002 concerning Child Protection, and Law no. 11 of 2012 concerning the Juvenile Criminal Justice System. Furthermore, the criminal law policy against child trafficking is regulated in the Criminal Code, the Criminal Procedure Code, Law no. 21 of 2007 concerning the Eradication of the Crime of Trafficking in Persons, Law no. 11 of 2012 concerning the Child Criminal Justice System, and Law no. 35 of 2014 concerning amendments to Law no. 23 of 2002 concerning Child Protection.

Kedudukan Sumpah Pemutus dalam Pembuktian Sengketa Tanah Waris I Gusti Ayu Maha Patni; I Made Suwitra; I Ketut Sukadana
Jurnal Konstruksi Hukum Vol. 1 No. 2 (2020): Jurnal Konstruksi Hukum
Publisher : Warmadewa Press

This study is motivated by the phenomenon of inherited land disputes that often occur in the community. When the distribution of inheritance is not fair, the heirs can file a lawsuit in court according to the choice of law, both in western civil law and in customary law. This study aims to determine the procedure for the breaker's oath in inherited land disputes and to analyze the power of proof of the breaker's oath in inherited land disputes. This study uses a normative research method with the aim of analyzing the obscurity of norms regarding the proof of the breaker's oath. The data used comes from legal materials such as statutory regulations, Civil Code, HIR or RBg and Jurisprudence. The results of the analysis show that the procedure for the breaker's oath in inherited land disputes is the breaker's oath (oath decisoir) which is charged at the request of one party to the opponent. The types of breaking oaths or decisoir oaths can be in the form of pocong oaths, pulpit vows, pagoda oaths, and cast oaths which are known in Hindu society in Bali. An oath of decision making in inherited land disputes, namely an oath of decision made when there is no attempt to prove anything in a case. Then, the power of proof of the breaker's oath is seen in Decision Number 148 / PDT.G / 2016 / PN GIN, that the power of proof of the breaker's oath has the power to decide cases or disputes which have the value of perfect proving power, binding and determining

Sanksi Pidana Penyalahgunaan Pengangkutan Bahan Bakar Bersubsidi I Dewa Gede Sastra Buwana; I Wayan Rideng; I Ketut Sukadana
Jurnal Konstruksi Hukum Vol. 1 No. 2 (2020): Jurnal Konstruksi Hukum
Publisher : Warmadewa Press

Oil and gas is a natural resource controlled by the state and is a source of vital commodities that play an important role in every human activity. The misuse of the transportation and trade of fuel subsidized by the government by certain individuals can take away the rights of the less fortunate and result in losses to the state. This research explains how to arrange the transportation or commercialization of subsidized fuel and to find out the criminal sanctions for the perpetrators of misuse of subsidized fuel. The research method used is Normative Law research. The statutory approach to the problem is to analyze from the point of view of statutory regulations and relevant theories. Sources of legal materials in this study are primary and secondary legal materials. The technique of collecting legal materials is obtained from legal literature materials by collecting, reading and recording legal materials related to the crime of misuse of subsidized fuels. The results of this study are first, the regulation of legal protection and supervision has been regulated in accordance with the provisions of Article 46 of Law No. 22 of 2001 on Oil and Gas. Second, legal sanctions against perpetrators of misuse of subsidized fuel: case at the Gianyar District Court (PN) case number 153 / Pid.Sus / 2017 / PN. Gin is cumulative in nature, as regulated in Article 55 of the Republic of Indonesia Law No. 22 of 2001, namely given a verdict in the form of a prison sentence of 10 (ten) months and a fine of 2 million rupiahs provided that if the fine is not paid, it is replaced by imprisonment for 2 (two) month

Eksistensi Perkawinan Endogami di Desa Adat Tenganan Pegringsingan Karangasem I Gede Bagus Indra Baskara; I Made Suwitra; I Ketut Sukadana
Jurnal Konstruksi Hukum Vol. 2 No. 2 (2021): Jurnal Konstruksi Hukum
Publisher : Warmadewa Press

Bali is an area that has its own uniqueness and traditions in each village, including marriage. The traditional village of Tenganan has different characteristics and traditions from other villages, namely that the marriage system must be endogamous. This study aims to explain the status of village manners for men who marry women from outside Tenganan Village and to find out the customary sanctions for men who marry women from outside Tenganan Village. The research was designed with empirical legal research, with a sociological juridical approach, a statutory approach. The data used are primary data and secondary data. The research location is in the Tenganan Traditional Village, Manggis District, Karangasem, Bali. Data obtained using non probability sampling techniques, observations, interviews. Furthermore, the data is processed and analyzed descriptively qualitatively. The results showed that marriages between men from Tenganan Village and women from outside Tenganan Village who can still be invited in Tenganan Village are women who have caste or come from Pasek residents. Sanctions for men from Tenganan Village who marry women from outside Tenganan Village are in the form of sanctions decreasing the status of krama, from village krama to krama gumi home no longer becoming village manners and also not taking part in ngayah at Bale Agung Temple.

Ketaatan Pengguna Jalan dalam Tertib Berlalu Lintas di Wilayah Hukum Polresta Denpasar Rosalina Indah Putri; I Ketut Sukadana; Ni Made Sukaryati Karma
Jurnal Konstruksi Hukum Vol. 2 No. 3 (2021): Jurnal Konstruksi Hukum
Publisher : Warmadewa Press

The order and safety of the driver is very important, one of the conditions for the driver to have a driver's license. Article 281 of the LLAJ Law clearly regulates sanctions for motorists who do not have a SIM, of course with the hope that no more traffic violations will occur. There are still many motorcyclists in the Denpasar Police jurisdiction who violate driving regulations by not having a SIM. which is an obligation for all motorists on the highway without exception. This study aims to explain the obedience of road users to Article 281 of Law Number 22 of 2009 concerning road traffic and transportation and to reveal the police's efforts to overcome the low traffic compliance of motorized vehicle users in the jurisdiction of Denpasar City. This research is designed with empirical legal research with a Legislative approach. The data used are primary and secondary materials obtained through interviews and documentation. the data is processed quantitatively in tabular form and analyzed qualitatively. Obedience of road users to Article 281 of Law Number 22 of 2009 concerning Road Traffic and Transportation, is still very lacking, this is due to the lack of awareness of road users, so they are still very dismissive and negligent in making driving licenses. Police efforts in overcoming the low traffic compliance of motorized vehicle users in the jurisdiction of Denpasar City, namely providing an introduction to traffic order from an early age to children, counseling and socialization, especially to students, students and directions to Banjar residents, as well as delivering orderly information. traffic and the development of the situation on the highway through social media.

Penyelesaian Sengketa Tanah Pekarangan Desa di Desa Adat Sulahan Kecamatan Susut Kabupaten Bangli I Putu Ade Surya; I Made Suwitra; I Ketut Sukadana
Jurnal Interpretasi Hukum Vol. 1 No. 2 (2020): Jurnal Interpretasi Hukum
Publisher : Warmadewa Press

Land in human life has a very important role because it is a source of welfare, prosperity and life. In addition, land has a close relationship with humans because land has economic value for human life and can produce natural resources for many people. There are 2 (two) rights to land in customary law, namely the right to land controlled by individuals and the right to land controlled by customary law communities or customary land. Based on this, the formulation of the problem can be taken as follows: (1) How is the existence of the village yard land in the awig-awig of Sulahan Traditional Village, Susut District, Bangli Regency? (2) How is the settlement of a village yard land dispute case in the Sulahan Traditional Village, Susut District, Bangli Regency? The research method used is empirical legal research, namely legal research which functions to see the law in a real sense and to examine how the law works in society. The approach to the problem used is in the form of a sociology of law approach, which is a legal research that examines legal facts that exist in society. The results showed that the settlement of village yard land disputes in the Sulahan Traditional Village was usually resolved by kinship with Bendesa Adat acting as the mediator. Mediation carried out by Prajuru of Sulahan Traditional Village in resolving village yard land disputes that occurred in Sulahan Traditional Village was carried out at Pura Desa Sulahan. The purpose of the mediation was carried out at the Sulahan Village Temple because of its strategic location. Before conducting mediation, the Prajuru Desa Adat and the disputing parties will hold a prayer first so that the mediation can run smoothly so that there are no disputes.

Kedudukan Ahli Waris yang Pindah Agama menurut Hukum Waris Adat Bali di Desa Dangin Tukadaya Kabupaten Jembrana I Putu Endar Pranata; I Ketut Sukadana; Diah Gayatri Sudibya
Jurnal Interpretasi Hukum Vol. 1 No. 2 (2020): Jurnal Interpretasi Hukum
Publisher : Warmadewa Press

The issue of changing religions related to inheritance based on Balinese customary law is a very important matter. In the customary norms of inheritance in Bali, inheritance is a system of transferring responsibility from one generation to the next. This responsibility goes with the attachment of a right. This responsibility includes responsibilities within the indigenous community. This research was conducted with the aim of describing how the kinship relationship of a son who converted and how the position of an heir who converted according to Balinese traditional inheritance law in Dangin Tukadaya Village, Jembrana Regency. This research employed empirical legal research with a sociology of law approach. The results of this research showed that the kinship of a son who converted is still close to their families. The conversion of religion does not break the kinship relationship, but its rights and obligations are no longer related to Sanggah Desa Adat and Pura Desa for having committed an act of disobedience. In addition, the position of a heir who changed religion according to Balinese traditional inheritance law in Dangin Tukadaya Village, Jembrana Regency is no longer an heir because he has no relationship with Sanggah Desa Adat and Pura Desa and has become a disobedient person.

Perkawinan yang Salah Satu Pihak belum Bercerai secara Sah di Desa Pohsanten Kadek Diki Putra Wardana; I Ketut Sukadana; Diah Gayatri Sudibya
Jurnal Interpretasi Hukum Vol. 1 No. 2 (2020): Jurnal Interpretasi Hukum
Publisher : Warmadewa Press

Marriage for the second time can be carried out by the parties who have been married if there is legal certainty regarding the previous marital status. The incident in Pohsanten Village was that the separation of the marriage was carried out in the presence of the traditional Prajuru only. This research was conducted with the aim of describing the validity of the marriage which is carried out by married couples who have not legally divorced and how to resolve marriages in which one of the parties has not legally divorced. The research method used was an empirical legal research method with a sociology of law approach. The results of this study found that the legality of the marriage was actually not legal, but the results obtained in the Pohsanten Village stated that the marriage was legal because the woman covered her original status which was still valid with her first husband. In the settlement of the divorce case, Bendesa Adat carried out mediation which aims to find a solution. Because the husband is still working abroad, the divorce has only just been completed at the village level by making a divorce statement.

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