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All Journal Sociological Jurisprudence Journal KERTHA WICAKSANA WICAKSANA: Jurnal Lingkungan dan Pembangunan Randwick International of Social Science Journal Jurnal Konstruksi Hukum Jurnal Interpretasi Hukum Jurnal Preferensi Hukum (JPH) Law Doctoral Community Service Journal Jurnal Analogi Hukum Community Service Journal of Law
Diah Gayatri Sudibya
Universitas Warmadewa
Agriculture, Biological Sciences & Forestry Humanities Civil Engineering, Building, Construction & Architecture Law, Crime, Criminology & Criminal Justice Social Sciences

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Pelaksanaan Putusan Hakim Yang Telah Berkekuatan Hukum Tetap Terhadap Uang Pengganti Dalam Tindak Pidana Korupsi Putusan Nomor 02/Pid.Sus-TPK/2017/PN DPS I Kadek Warga Pernada; I Made Sepud; Diah Gayatri Sudibya
Jurnal Analogi Hukum Vol. 1 No. 3 (2019): Jurnal Analogi Hukum
Publisher : Fakultas Hukum Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/ah.1.3.2019.347-353

Abstract

Corruption is an act that violates the law in terms of detrimental state finances, regional finances, financial institutions/ agencies obtained from official government assistance. The effort to restore lost state finances is by providing additional penalties such as payment of substitute money. The problems of this study include: 1. What is the Qualification of the Criminal Arrangement for Additional Substitution by the Public Prosecutor in Corruption Crime (Decision Number 02 / Pid.Sus-TPK / 2017 / PN DPS)? and 2. What are the obstacles to the implementation of a judge's decision by the prosecutor as the executor of substitute money as an additional criminal act of corruption (Decision Number 02 / Pid.Sus-TPK / 2017 / PN DPS) ?. The research method used is Empirical Research. The results of the study can be concluded that criminal acts of corruption are systematic and organized crimes, which are usually carried out by people who are important in a society. Efforts to return assets resulting from corruption from perpetrators of corruption, namely by providing article 18 of Law No. 31 of 1999 as amended by law No. 20 of 2001 concerning the eradication of criminal acts of corruption in the case of criminal additions to substitute money. Constraints in implementing the judge's decision are: Recognition of convoluted convicts on corrupt property, the amount of proceeds from corruption that is difficult to find. Efforts are made, namely: carrying out assets tracking actions on property owned, confiscating and auctioning off the assets of the convicted person and depositing the results of the auction to the State Treasury.
Sanksi Pidana Terhadap Tindak Pidana Aborsi (Studi Kasus Putusan Nomor : 87/Pid.G/2007/Pn.Gir) Bujangga Agus Arif Pranata; I Nyoman Sujana; Diah Gayatri Sudibya
Jurnal Analogi Hukum Vol. 2 No. 2 (2020): Jurnal Analogi Hukum
Publisher : Fakultas Hukum Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/ah.2.2.2020.148-154

Abstract

As part of criminal acts, it is a matter of abortion, namely: mainly among women who experience unwanted pregnancies choose the path for abortion with various risks, namely in the form of death or legal violation of the provisions in the Criminal Code. For example, it often happens that a woman intentionally causes death or death of her womb, or tells another person to cause it, she is sentenced to imprisonment for a maximum of four years, which is regulated in the Criminal Code (KUHP). Abortion is a prohibited act, so it is said to be a criminal act, because the threat of partial criminal law is regulated in the Criminal Code. The formulation of the problem in this study is: what is the background of the perpetrator committing an abortion crime and how is the criminal sanction imposed by the judge on the perpetrator of the crime of abortion. The type of research used in this study is normative legal research. The results of the discussion in this study are: The background of the perpetrators committing abortion crimes, namely from unmarried women (too young, girlfriends refusing to be responsible, not planning to marry a boyfriend, fear of parents, maintaining a good family name and tradition) and those who have gotten married (contraceptive failure, is in the process of divorce, and the husband is not responsible). Criminal sanctions imposed by judges on perpetrators of abortion crimes, namely in the Criminal Code, the perpetrators and those who assist in the occurrence of abortion are charged with Article 346 to Article 349.
Pertimbangan Hakim dalam Putusan Perceraian yang Mengandung Unsur Tindak Pidana (Study Putusan No. 152/Pdt.G/2018/Pn.Dps) I Putu Bayu Permana; Anak Agung Sagung Laksmi Dewi; Diah Gayatri Sudibya
Jurnal Analogi Hukum Vol. 2 No. 3 (2020): Jurnal Analogi Hukum
Publisher : Fakultas Hukum Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/ah.2.3.2020.299-303

Abstract

Abstract—The problem in this study is how the judges' consideration in the divorce decision contains elements of crime No. 152 / Pdt. G / 20018 / Pn.Dps. where in developing countries Indonesia is very vulnerable to divorce. This is due to the fact that there are movie players or celebrities who divorce and remarry. In the making of the film also did the scene of remarrying without the knowledge of the first wife, which according to the author caused the divorce to be susceptible to an element of crime. Law No. 1 of 1974 concerning marriage has detailed explained the importance of marriage and the requirement to remarry, the formulation of the problem raised is how is the regulation of divorce containing criminal elements? And judges' consideration in deciding divorce cases that has elements of criminal offense? the issues that will be discussed later will be reviewed based on a normative point of view, the laws and regulations of Denpasar court No. 152 / Pdt. G / 20018 / Pn.Dps. Consider this judge in the decision no. 152 / Pdt. G / 20018 / Pn.Dps, considering that the plaintiff committed a criminal offense under article 279 KHUPidana, that it was the plaintiff who first made the attack arising from remarriage without the knowledge of the first wife, based on the Supreme Court jurisprudence No. 2571 k / Pdt / 1988 husbands or wives or parties that cause disputes and disputes, are not entitled or unable to act as plaintiffs. In the plaintiff's claim, the judge stated that the claim could not be accepted, and paid all court fees in the trial.
Pembuktian dan Penjatuhan Putusan Pidana Terhadap Terdakwa Tindak Pidana Penganiayaan (Studi Kasus Putusan Nomor 26/Pid.B/2016/Pn.Tab.) I Putu Hendra Setyawan; I Made Arjaya; Diah Gayatri Sudibya
Jurnal Analogi Hukum Vol. 2 No. 3 (2020): Jurnal Analogi Hukum
Publisher : Fakultas Hukum Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/ah.2.3.2020.310-314

Abstract

Abstract—Crime is an act or series of acts that can be subject to criminal law. One form of crime is persecution. Persecution is a form of harming or torturing people or intentionally reducing and damaging the health of others. The main problem is how the application of sanctions for criminal acts of abuse by public prosecutors and how the judges consider in the case of criminal acts of abuse. The research method used in writing this thesis is a type of normative legal research. Whereas the approach uses the conceptual approach, the legal approach and the case approach. The application of criminal sanctions for maltreatment by public prosecutors refers to article 351 paragraphs (1) of the Criminal Code which has been adjusted to article 3 of the Supreme Court Regulation of the Republic of Indonesia No.2 of 2012 concerning adjustments to the limits of minor criminal offenses and the amount of fines in KHUP. Whereas the judge considers each indictment from the public prosecutor, the defendant has fulfilled a single indictment and is based on the process of examining evidence, namely testimony of witnesses, letters, statements of the defendant, instructions, and evidence. In the trial the facts that ordinary crimes had been committed were proven. Thus the Panel of Judges ruled with a sentence of 4 (four) months imprisonment.
Kedudukan Cucu Sebagai Ahli Waris Pengganti Dalam Hukum Waris Islam (Studi Kasus Nomor: 0013/PDT.P/2015/PA.DPS) Ida Ayu Adi Iin Yuliandari; I Ketut Sukadana; Diah Gayatri Sudibya
Jurnal Analogi Hukum Vol. 2 No. 3 (2020): Jurnal Analogi Hukum
Publisher : Fakultas Hukum Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/ah.2.3.2020.346-350

Abstract

Abstract—Of all the current laws, inheritance law has a very important role and even determines and reflects the kinship system that has prevailed in that society. Lately there have been many disputes arising from the death of the heirs before the heirs. The case is sought out by forming a substitute heir concept. Legal issues regarding substitution of heirs are one of the concepts of renewal in the Compilation of Islamic Law. The concept of substitute heirs aiming to find a sense of justice for heirs. The formulation of the problem raised is (1) What is the position grandchildren as substitut heeirs in Inslamic intheritance law system according to the Compilation of Islamic Law, (2) How is the judge's judgment on the position of grandchildren as substitute heirs in the Determination of Denpasar Religious Court Number 0013/Pdt.P/2015/PA.Dps. In this research using normative legal research, namely in the study systematically process library materials and related decision files. In this study it can be concluded that the position of grandchildren as substitute heirs in the Islamic inheritance system according to the Compilation of Islamic Law based on the Determination of the Denpasar Religious Court Number 0013/Pdt./2015/PA.Dps that the grandchildren can replace the position of their parents as heirs, because based on Article 185 paragraph (1) Compilation of Islamic Law, a person can inherit because the replacement of the place is the person who is replaced musthave passed away earlier than the heir.
Ko-Eksistensi Hukum Negara dan Hukum Adat Bali Dalam Pengangkatan Anak (Studi di Desa Adat Lantangidung, Kecamatan Sukawati, Kabupaten Gianyar) Ketut Rai Mahajony; I Made Suwitra; Diah Gayatri Sudibya
Jurnal Analogi Hukum Vol. 3 No. 2 (2021): Jurnal Analogi Hukum
Publisher : Fakultas Hukum Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/ah.3.2.2021.245-250

Abstract

Traditional Balinese marriages follow the male bloodline (patrilineal), so having a son is still the goal of a marriage. Adoption of children (sentana peperasan) is an option if the family has no children to continue the obligations towards the family and society. Several cases of adoption, such as in the case of adoption in Lantangidung Village, Gianyar Bali, were raised in this study as case studies. The problem raised is how legal the adoption of children is according to Balinese Customary Law and State Law and the position of adopted children in the family and society according to Balinese Customary Law. This research is expected to expand the legal knowledge of the community, especially regarding the combination of Balinese Customary Law and State Law in terms of adoption. An empirical approach is used to see the combination of Balinese Customary Law and State Law. The conclusion is that: the co-existence of Balinese customary law and state law in the implementation of adoption needs to be clarified in more detail with an easy-to-understand sequence of implementation so that the position of adopted children in the family and society is also strong.
Penguasaan Tanah di Pulau Kanawa Sebagai Penyangga Taman Nasional Komodo di Labuan Bajo Kabupaten Manggarai Barat Provinsi NTT Aprianus Mario Deno; I Made Suwitra; Diah Gayatri Sudibya
Jurnal Analogi Hukum Vol. 4 No. 3 (2022): Jurnal Analogi Hukum
Publisher : Fakultas Hukum Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/ah.4.3.2022.243-248

Abstract

Kanawa Island is a buffer for Komodo National Park in Labuan Bajo, West Manggarai Regency, NTT Province which is managed by Italian Investors under the company name Kanawa Island & Resort with the area of Kanawa island being 23 hectares (23 ha). The right to Land Tenure of Kanawa by Investors through the provision of HGB above HPL by the West Manggarai Regency Government with a system of granting management permits in the form of Business Use Rights (HGU) is able to provide benefits and support welfare for the local community. The type of research (socio-legal research) or a legal research method that functions to be able to see the law in a real sense and examine how the law works in society and the facts that exist in a society.
Penyelesaian Sengketa Tanah Warisan Melalui Mediasi Terhadap Kedudukan Anak Angkat Dalam Sistem Pewarisan di Bali (Studi Kasus Desa Adat Dalung) Rai Dharma Utama; I Nyoman Putu Budiartha; Diah Gayatri Sudibya
Jurnal Analogi Hukum Vol. 7 No. 1 (2025): Jurnal Analogi Hukum
Publisher : Fakultas Hukum Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/jah.7.1.2025.118-123

Abstract

Inheritance land dispute is a problem that occurs due to the dissatisfaction of the heirs regarding the distribution of the inheritance inherited by the testator. This study is interesting to the following questions: 1) How to resolve inheritance disputes over the position of adopted children in the inheritance system in Bali? and 2) What are the causes of inheritance disputes in the inheritance system in Bali?. The purpose of the study is to understand the factors that cause the occurrence of Inherited Land Disputes, to find out the efforts to resolve Inherited Land Disputes Against the Position of Adopted Children ON the Inheritance System in Bali. This study uses an empirical legal research method by conducting direct research to Dalung Village, conducting interviews with informants at the location. The results of the study show that the factors that cause inheritance disputes in the inheritance system in Bali are that there are various parties who are dissatisfied with the distribution of inheritance, Dispute resolution efforts that can be carried out are through mediation, carried out by both parties to the dispute accompanied by kelian as a mediator
Assistance and Legal Counseling in Agribusiness Cooperation Agreements Between Farmers and Bali Bali / PT. Suji Wood Leaves According to the Provisions of Article 1313 of KUHPERDATA Diah Gayatri Sudibya; Kade Richa Mulyawati
Community Service Journal of Law Vol. 2 No. 2 (2023): Community Service Journal of Law
Publisher : Fakultas Hukum, Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/csjl.2.2.2023.60-65

Abstract

Community Service as stated in the Higher Education Tri Dharma, is an activity that aims to help the community in several activities without expecting any kind of imbalance. In community service for the 2023 academic year, we from the UNWAR PKM Team provided assistance to young and old group farmers with Bulan Bali/PT Daun Kayu Suji in making a cooperation agreement. We are from UNWAR PKM Team, in carrying out this community service, found problems in business cooperation between farmers and Bulan Bali/ PT Daun Kayu Suji namely: 1. Parties do not understand the existence of a standard agreement as an agreement in business relations in accordance with the provisions of the law. 2. All this time the parties are in a business relationship, loyalty only relies on self-confidence and according to conscience. Based on the problems mentioned this PKM have some objective that are as a form of the Lecturer's dedication to the community, provide opportunities for lecturers to carry out direct service with partners to the target object, improving cooperative relations between universities and the community and/or companies that employ employees. The method that used in this PKM namely, directly meet partners to see directly the workplace situation at the Bali Moon company, discuss with the parties who will make a work agreement, the PKM implementation team can apply the methods used to carry out socialization and legal counseling regarding agreements.
PKM Legal Assistance In Efforts To Inventory Traditional Cultural Expressions In The Traditional Village Of Pangkung Karung Gede, Pangkung Karung Village, Kerambitan Sub-District, Tabanan District, Bali Province Diah Gayatri Sudibya; I Wayan Werasmana Sancaya; Kade Richa Mulyawati
Community Service Journal of Law Vol. 3 No. 1 (2024): Community Service Journal of Law
Publisher : Fakultas Hukum, Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/csjl.3.1.2024.18-23

Abstract

In community service for the 2024 academic year, we from the PKM UNWAR Team provided assistance to the community and traditional artists in Pangkung Karung Gede Village, Kerambitan District, Tabanan Regency, in terms of obtaining intellectual works in the form of art and culture owned by communal communities or also known as Traditional Cultural Expressions. One of the Traditional Cultural Expressions is the Sanghyang Memedi Dance of Pangkung Karung Gede Traditional Village, Tabanan Regency. Over time the dance began to be forgotten because it was included in the category of sacred dance in Balinese customs and culture, so it could only be danced at certain times. In this community service, where the community wants legal assistance in recording Copyright for Sanghyang Memedi Dance in Pangkung Karung Gede Traditional Village, Tabanan Regency has not been implemented, this is due to the lack of legal understanding of the community and cultural factors of the community who still consider recording to be of little benefit. We from the PKM UNWAR Team, in carrying out this community service, found that the problem is that the knowledge and ability of human resources in an effort to inventory traditional cultural expressions in the Pangkung Karung Gede Traditional Village is not optimal. Based on the above problems, we, from PKM UNWAR, are determined to provide assistance to the parties in making a cooperation agreement to avoid unwanted things in the future, so that cooperation can be carried out properly.
Co-Authors A.A Sagung Laksmi Dewi Anak Agung Dita Intan Pertiwi Anak Agung Gde Chandra Wiratama Anak Agung Krisna Kumala Dewi Anak Agung Ngurah Bagus Arya Bhaskara Aprianus Mario Deno Arini, Desak Gde Dwi Bujangga Agus Arif Pranata Dessy Lina Oktaviani Suendra Dessy Lina Oktaviani Suendra Dewa Ayu Dwi Diah Novita Dewi Dewi, A.A Sagung Laksmi Gaviota Adrian Yohan I Gusti Agung Gede Pramudia Anggara Deva I Gusti Ayu Intan Chandra Dewi I Gusti Ketut Sri Astiti I Kadek Ambara Putra I Kadek Bagus Indra Pramana Putra I Kadek Dwipyana I Kadek Warga Pernada I Kadek Wisnu Dwipayana Ariska I Ketut Maharata Adi Putra I Ketut Sukadana I Made Agus Widiana I Made Arjaya I Made Darma Temaja I Made Sepud I Made Sepud I Made Suwitra I Made Suwitra, I Made I Made Yasa Wahyuda I Nengah Sunaradana I Nyoman Gede Sugiartha I Nyoman Satria Perwira I Nyoman Sujana I Nyoman Sukandia I Putu Bayu Permana I Putu Hendra Setyawan I Putu Wahyu Putra Suryawan I Wayan Arthanaya I Wayan Rideng I Wayan Subawa I Wayan Werasmana Sancaya I Wayan Wesna Astara Ida Ayu Adi Iin Yuliandari Kadek Teddy Hendrawan Karma, Ni Made Sukaryati Ketut Rai Mahajony Komang Angga Pradana Komang Gede Dicki Saputra Made Ipunk Dwi Kusuma Made Yunanta Hendrayana Mulyawati, Kade Richa Ni Gusti Ketut Sri Astiti, Ni Gusti Ketut Sri Astiti, Ni Kadek Madya Yani Ni Kadek Putri Juniari Ni Kadek Ratna Dewi Ni Kadek Yuli Adeani Ni Putu Sawitri Nandari Nyoman Putu Budiartha Putu Budiartha, I Nyoman Putu Diah Premana Putri Putu Wahyu Permana Rafael Aza Pramesuari Rai Dharma Utama Rezky Ayu Saraswati Tia Nur Larasati Widiati, Ida Ayu Putu