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All Journal Sociological Jurisprudence Journal KERTHA WICAKSANA Jurnal Konstruksi Hukum Jurnal Interpretasi Hukum Jurnal Preferensi Hukum (JPH)

I Ketut Sukadana

Universitas Warmadewa

Author-ID : 3409672

Law, Crime, Criminology & Criminal Justice Social Sciences

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Hak Cipta Karya Seni Lukis sebagai Jaminan Fidusia Ni Kadek Emy Kencana Wati; I Nyoman Putu Budiartha; I Ketut Sukadana
Jurnal Konstruksi Hukum Vol. 2 No. 1 (2021): Jurnal Konstruksi Hukum
Publisher : Warmadewa Press

The use of copyright for painting artworks in the Intellectual Property Law system in Indonesia provides many benefits for painters as copyright owners or copyright holders. A creator or copyright holder has Economic Rights on his work which includes the right to duplicate, display, and lease his work to third parties. Copyright Law No. 28/2014 states that copyright can be used as an object of Fiduciary security. This study aims to determine the characteristics of the copyright of painting works that can be used as fiduciary guarantees to get credit in banking and to analyze the execution of copyright guarantees of painting works if the debtor defaults The method used is normative legal research with a statutory approach and a conceptual approach, and the sources of legal materials used are primary and secondary legal materials with literature collection techniques which are analyzed in descriptive analytical form. Based on the results of the study, it can be concluded that the characteristics of copyright in painting are providing protection for works of art and providing economic rights for the creators or copyright holders and moral rights for the creators. The execution of copyright guarantees can be done by executorial method in accordance with article 29 of the Fiduciary Law.

Efektivitas Peraturan Daerah Kabupaten Klungkung No.7 Tahun 2014 tentang Pengelolaan Sampah I Kadek Wisnu Dwipayana Ariska; I Ketut Sukadana; Diah Gayatri Sudibya
Jurnal Konstruksi Hukum Vol. 2 No. 1 (2021): Jurnal Konstruksi Hukum
Publisher : Warmadewa Press

One of the cities in Bali Province, Klungkung Regency; is one of the districts in Bali which is very developed in the arts and small industry, but has a problem, namely waste. This study aims to analyze the implementation process and analyze the actions of the local government regulations of Klungkung Regency No. 7/2014 on the people of Klungkung Regency. The research method used is empirical research. In carrying out this research, researchers went directly to the field and directly examined what was happening in the real field. The results showed that the government, which has full authority on waste management, must protect the community so that it can be managed properly and properly, not littering. Through this research, it is hoped that the Klungkung Regency Government will increase community participation in proper and correct waste management.

Penyelesaian Sengketa Penggelapan Hasil Kebun di Atas Tanah Landerform Ida Bagus Made Murda Soma Widya; I Made Sepud; I Ketut Sukadana
Jurnal Konstruksi Hukum Vol. 2 No. 1 (2021): Jurnal Konstruksi Hukum
Publisher : Warmadewa Press

Embezzlement is an act that is detrimental to the country's economy. Embezzlement activities are carried out on the assumption that making money is faster than having to work by following the rules of the company. Community behavior reflects low moral values. This study aims to analyze the arrangement of and describe the procedures for settling disputes over embezzlement of Landreform land crops. This research uses normative legal research with a statutory approach that is based on law as the basis for research. The data used are sourced from primary and secondary legal materials. The research results show that the applicable law is not so important for some people who have power over a building or land ownership and prefer power over land that should not be private property. As for the regulation of Landreform is a prohibition aimed at all people who want to control land beyond their ability or part of it without permission and notify their intentions in advance to others. Settlement of disputes over embezzlement of land reform land products can be resolved by non-litigation (outside the court) and litigation (in court).

Tradisi Manak Salah di Desa Adat Padangbulia Kecamatan Sukasada Kabupaten Buleleng Ni Luh Gede Astari Dewi; I Ketut Sukadana; Diah Gayatri Sudibya
Jurnal Konstruksi Hukum Vol. 2 No. 1 (2021): Jurnal Konstruksi Hukum
Publisher : Warmadewa Press

Manak salah is a tradition carried out by the Padangbulia indigenous people who consider that the birth of tapered twins (male and female) is a mistake which obliges the parents and the tapered twins to undergo temporary isolation for three months. This was considered contrary to humanity so that the government issued Regional Regulation Number 10 of 1951 concerning the Elimination of Manak Salah or Buncing Customs. This study aims to explain the manak salah tradition in the traditional village of Padangbulia and what are the factors causing the implementation of the manak salah tradition in the traditional village of Padangbulia. The research used is empirical legal research with a sociology of law approach and a case approach by looking at real legal events that occurred in Padangbulia Village and the sources of legal materials used are primary and secondary legal materials with techniques of collecting legal materials through interviews and recording which are analyzed qualitatively in The descriptive form of the analysis shows that Manak was wrongly implemented in accordance with the beliefs of the Padangbulia people with the palm-leafed god tatwa and brahma sapa which were used as the basis for the implementation of this tradition since time immemorial. Even though the manak salah tradition has been abolished, it is still being carried out today because of the belief of the Padangbulia indigenous people about the disasters that will occur if this tradition is not implemented.

Kedudukan Anak Luar Kawin yang Diangkat oleh Kakeknya di Desa Batukaang, Kecamatan Kintamani, Kabupaten Bangli Ni Nyoman Oktaviani; Ketut Sukadana; Ni Made Puspasutari Ujianti
Jurnal Interpretasi Hukum Vol. 1 No. 1 (2020): Jurnal Interpretasi Hukum
Publisher : Warmadewa Press

Children born out of wedlock are children born to a woman who does not have a legal marriage relationship with a man who has made her give birth to the child. The child does not have a perfect position in the standpoint of the law like a legitimate child in general. The birth of a child is crucial in every family. In terms of family life, children are descendants of the next generation so a child has the right to life and identity as an effort to protect the law. The problem how the adoption of a child born beyond official marriage by his grandfather in Desa Batukaang, the Sub-district of Kintamani, Bangli Regency is executed and what is the inheritance system for such an adopted child in Batukaang Village, Kintamani District, Bangli Regency? The child was appointed by his own grandfather and the reason for the appointment was that the adoptive grandfather did not have a son. The type of research used in this research is an empirical study with a juridical-sociological approach. Types of data are primary data and secondary data, collected through interview and literature review. The procedure for the adoption of the child execution is through customary or noetic way, which is to carry out extortion ceremonies where offerings are religiously and legally made and the child is legally made as a legitimate child in general. Ultimately, the child is legitimate to be the child of the adopting grandfather both in a customary and inheritance legal system, the child inherits all inheritance from the grandfather.

Pengaturan Ruang Terbuka Hijau Berdasarkan Peraturan Daerah Kota Denpasar Nomor 27 Tahun 2011 Ni Putu Feggy Cintya Karna; I Ketut Sukadana; I Nyoman Sutama
Jurnal Interpretasi Hukum Vol. 1 No. 1 (2020): Jurnal Interpretasi Hukum
Publisher : Warmadewa Press

In this era, urban areas have become a problem that is quite difficult to overcome, especially in the matter of utilization of green open space caused by land demand continuing to increase. The problems discussed in this study are the coverage of green open space and the legal consequences of constructing buildings in green open space in the city of Denpasar. The type of the research used in this study is normative legal research with two types of sources of legal materials, primary and secondary. Data collection was carried out using a literature study which was then analyzed qualitatively. The results show that green open spaces in cities belong to the spaces in the form of areas or paths dominated by plants functioning as protection of certain habitats, city facilities, infrastructure safety networks, and/or agricultural cultivation as regulated in Regional Regulation of Denpasar City Number 27 of 2011 concerning the Spatial Planning for the City of Denpasar in 2011-2031. Furthermore, the legal consequences for violations of erecting buildings in green open spaces or controlling spatial use of urban areas are in the form of administrative sanctions for supervision activities which result in obstruction of the implementation of the spatial utilization program, both carried out by the permit recipient and the licensor. Types of administrative sanctions for the community consist of warnings and/or reprimands, temporary suspension of administrative services, temporary suspension of development activities and/or use of space, revocation of permits relating to spatial use, restoration of functions or rehabilitation of spatial functions, demolition of buildings not in accordance with the plan spatial planning, licensing/whitening, and the imposition of fines. There are also other sanctions in the form of imprisonment for a maximum of 6 (six) months or a maximum fine of IDR. 50,000,000.00, - (fifty million rupiah).

Implementasi Peraturan Daerah Kabupaten Badung Nomor 10 Tahun 2017 tentang Kawasan tanpa Rokok pada Tempat Wisata Karinka; I Ketut Sukadana; I Nyoman Sutama
Jurnal Interpretasi Hukum Vol. 1 No. 1 (2020): Jurnal Interpretasi Hukum
Publisher : Warmadewa Press

Smoking belongs to the right of all people, but smoking can interfere with Human Rights because the distribution of cigarette smoke produced by smokers can interfere with the health of people around. In Bali, tourist attractions are one of the non-smoking areas. This is stated in the Regional Regulation of Badung No. 10 of 2017 concerning Non-Smoking Areas. Related to this, the study examines two things, that is, the regulation of No-Smoking Areas in the tourist attractions in Badung Regency and the implementation of the Regional Regulation of Badung No. 10 of 2017 on the tourist attractions. The research method used is empirical legal research that is conducting a direct research followed by analyzing data and presented in qualitative manner. In its regulation, Civil Service Police Unit (Satpol PP) as the enforcer of the regional regulation has conducted supervision on tourist attractions and sanctions given in accordance with the Article 21 Number (10) of 2017 of the Badung Regency Regional Regulation. Its application has been done through socialization to the manager of tourist attractions, but the lack of public knowledge about the non-smoking areas in tourist attractions has been appearing as an inhibiting factor.

Penerapan Sanksi terhadap Pelanggaran Awig-Awig di Desa Adat Bongkasa Pertiwi Kecamatan Abiansemal Kabupaten Badung A. A. Dwi Ani Agustini; I Made Suwitra; I Ketut Sukadana
Jurnal Interpretasi Hukum Vol. 1 No. 2 (2020): Jurnal Interpretasi Hukum
Publisher : Warmadewa Press

Humans always live side by side and need other creatures to interact each other. They were created as social beings who cannot live alone. This research aims to analyze the existence of ngejot and the application of sanctions for violations in the Bongkasa Pertiwi Traditional Village. This type of research uses an empirical legal research with a sociological approach, a statutory approach, a concept approach and a case approach. The data in this study are primary data, namely data obtained from informants and respondents and secondary data using primary, secondary and tertiary legal materials. The results showed that the existence of ngejot in the Bongkasa Pertiwi Traditional Village, Abiansemal District, Badung Regency, currently prohibits the existence of the tradition of ngejot. Boosting is still a pro and contra in society because pushing is sometimes still practiced as a form (equalizing braya). Over time, the prohibition on driving can change and be adapted to the circumstances because it is flexible. With regard to the sanctions against the prohibition of boasting in the Bongkasa Pertiwi Traditional Village, a penalty of Rp. 1,000,000 (one million rupiah), apikul bass (100 kg) were required to be sinoman for 6 months and apologized in front of the people of Bongkasa Pertiwi Village. Even though the implementation of this ngejot is carried out only to the extent of ngejot aci for the completeness of the ceremony, it must be based on permission through Bendesa Adat.

Status Hukum Tanah Hak Milik bagi Ahli Waris yang Pindah Kewarganegaraan Menjadi Warga Negara Asing Agnes Geraldine Olga Supriyana; I Nyoman Putu Budiartha; I Ketut Sukadana
Jurnal Interpretasi Hukum Vol. 1 No. 2 (2020): Jurnal Interpretasi Hukum
Publisher : Warmadewa Press

Indonesian citizens who have transferred citizenship due to mixed marriages with other citizens who obtain property rights due to inheritance should be obliged to relinquish this right within one year. If it is not released then the right is lost because the law and the land fall to the state. However, in reality some of these property rights have not been released. This research is formulated to determine the status of land ownership rights that are not released by heirs who become foreign nationals and to find out the legal efforts taken by heirs who have transferred citizenship to become foreign citizens in releasing their ownership rights over land acquired due to inheritance. The research method used in this research is normative legal research method. The results showed that the status of land ownership rights that were not released by heirs who became foreign citizens was lost due to the law. This occurs after a period of one year, and the land becomes State land. Then, the legal effort made by the heirs in releasing ownership rights over the land obtained due to inheritance is to apply for more Indonesian citizenship or to remain a foreign citizen residing in Indonesia, so after one year they can obtain use rights or transfer of property rights. It can be done through buying and selling.

Hak dan Kewajiban Krama Desa terhadap Karang Desa di Desa Adat Tumbu Karangasem Putu Aditya Palguna Yoga; I Made Suwitra; I Ketut Sukadana
Jurnal Interpretasi Hukum Vol. 2 No. 1 (2021): Jurnal Interpretasi Hukum
Publisher : Warmadewa Press

The relationship between the ruler and the land is closely related to obligations in the form of ayahan for village karma for both the banjar and the village. This study aims to determine the control of village coral and the legal consequences if there is village karma that neglects its obligations. The research method used in this research is empirical legal research with a conceptual approach. Data that has been collected through interview techniques. The results of this study indicate that the right for village krama who has carried out their obligations is to legally obtain Karang Desa land protected by the village. If Krama Desa dies, he will receive land. Meanwhile, the obligation of the village manners who occupy the village reef is obliged to take part in the village temple during the odalan fee in the form of pepesan money (klangsah palpalan penjor) and must be present at the time of mutual cooperation activities. Through this research, it is hoped that the village officers will socialize more often about Karang Desa, especially regarding their rights and obligations so that one day the Krama Desa who violates them will not be given sanctions.

Co-Authors A. A. Dwi Ani Agustini Agnes Geraldine Olga Supriyana Agus Suarnegara Cok Gede Suryanata Diah Gayatri Sudibya Diah Gayatri Sudibya Fransiska Maryl Agatha Gede Andi Wiradharma Gusti Ayu Dewi Irna Yanthi Gusti Ngurah Agung Tresna Wangsa I Kadek Wisnu Dwipayana Ariska I Made Budiyasa I Made Sepud I Made Suwitra, I Made I Nyoman Putu Budiartha I Nyoman Sutama I Putu Gian Favian Adhi Pradana I Wayan Bayu Suta I Wayan Wesna Astara. Ida Bagus Made Murda Soma Widya Kadek Yogi Pranata Mulyawan A Karinka Karma, Ni Made Sukaryati Ketut Adi Wirawan Ni Kadek Emy Kencana Wati Ni Luh Gede Astari Dewi Ni Made Puspasutari Ujianti Ni Nyoman Oktaviani Ni Putu Feggy Cintya Karna Ni Putu Yuni Purnamawati Putu Aditya Palguna Yoga Putu Budiartha, I Nyoman widia, ketut

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