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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.

Keberadaan Keputusan Majelis Utama Desa Pakraman Bali (MUDP) Bali No. 01/Kep/Psm-3/MDP Bali/X/2010 di Desa Adat Lambing Gusti Ayu Dewi Irna Yanthi; I Nyoman Putu Budiartha; I Ketut Sukadana
Jurnal Interpretasi Hukum Vol. 2 No. 1 (2021): Jurnal Interpretasi Hukum
Publisher : Warmadewa Press

Inheritance in Bali adheres to the Patrilineal principle where boys have the right to inherit while women do not have the right to inherit. However, the Main Council of Pakraman Village (MUDP) Bali made a new breakthrough in which Balinese women can inherit. The purpose of this study was to determine the position of inheritance rights for women based on Balinese traditional inheritance law, and to determine the existence of the Bali Pakraman Village Main Council Decree (MUDP) No.01 / Kep / Psm-3 / MDP Bali / X / 2010 in Lambing Traditional Village. . In this study, using empirical research methods by presenting data qualitatively. The results of the study stated that in the awig-awig of the Lambing traditional village, the position of women was not as heirs. Meanwhile, the implementation of the decision of Pesamuhan Agung III of the Main Assembly of Pakraman Village is not fully implemented. Lack of socialization and the enactment of awig-awig as a binding rule have resulted in the inability to implement this decision.

Kedudukan Hukum Anak Astra dalam Hukum Waris Adat Bali Setelah Orang Tua Biologisnya Kawin Sah Agus Suarnegara; I Made Suwitra; I Ketut Sukadana
Jurnal Interpretasi Hukum Vol. 2 No. 1 (2021): Jurnal Interpretasi Hukum
Publisher : Warmadewa Press

The legal position of Astra's children in Balinese traditional inheritance law after their parents are legally married will follow their father. Many are found in community life, the incidence of children born to women who are not yet in a legal marriage bond so that it can cause problems. This study aims to explain the legal position of Astra's children after the enactment of Law Number 1 of 1974 concerning Marriage and to describe the inheritance rights of Astra's children in Balinese customary law after their biological parents are legally married. This study used normative research by examining the prevailing laws and regulations by relating the realities in the field, in this regard, of course, the right approach is the Legislative Approach. The legal materials used were primary and secondary legal materials. Furthermore, the collected legal materials are processed and analyzed using systematic interpretation analysis techniques. The results showed that the position of Anak Astra after the enactment of Law no. 1 of 1974, legally only has a civil relationship with his mother and his mother's family. The rights of Astra's children in Balinese customary law After their biological parents get married legally in Bali, it is after Astra's child is born in a legal marriage that his rights and status are according to his father (purusa).

Keabsahan Perkawinan Ngerorod (Kawin Lari) di Desa Kelusa, Kabupaten Gianyar I Wayan Bayu Suta; I Nyoman Putu Budiartha; I Ketut Sukadana
Jurnal Interpretasi Hukum Vol. 2 No. 1 (2021): Jurnal Interpretasi Hukum
Publisher : Warmadewa Press

Today's Balinese customary law recognizes two ways to carry out a marriage, namely marrying by memadik (engaging) and marrying by means of Ngerorod (kawin lari). If during the engagement period the parents and families of both parties have the blessing, the marriage will be done by memadik. Conversely, if the engagement period does not get the blessing of the parents and family of one or both parties, while the couple has already fallen in love and it is no longer possible to be separated, then ngerorod is the only way to get married. This study aims to determine the validity of the Ngerorod marriage (kawin lari) in the village of Kelusa, and to determine the legal settlement of the Ngerorod marriage in the village of Kelusa. The research method used is an empirical legal research method with a sociology of law approach. The results showed that the legality of the ngerorod marriage that usually occurs in Kelusa village is that the man and the woman make a statement that the woman is legally in the house of the man she loves. The male family came to Bendesa Adat and Kelian Adat to discuss the ngerorod marriage, then the man picked up the woman in front of her house. Then, the legal settlement in the Ngerorod Marriage in Kelusa village was because the woman was still married to another person, after going through a sangkep (meeting) by the traditional village prajuru giving customary sanctions and being directed or obliged to legally divorce according to the provisions of the Law.

Keberadaan Keputusan Majelis Utama Desa Pakraman Bali (MUDP) Bali No. 01/Kep/Psm-3/MDP Bali/X/2010 di Desa Adat Lambing Gusti Ayu Dewi Irna Yanthi; I Nyoman Putu Budiartha; I Ketut Sukadana
Jurnal Interpretasi Hukum Vol. 2 No. 1 (2021): Jurnal Interpretasi Hukum
Publisher : Warmadewa Press

Inheritance in Bali adheres to the Patrilineal principle where men have the right to inherit while women do not have the right to inherit. However, the Main Council of Pakraman Village (MUDP) Bali made a new breakthrough in which Balinese women can inherit. The purpose of this study is to describe the position of women's inheritance rights based on customary inheritance law in Bali and to describe the existence of the Bali Pakraman Village Main Council Decree (MUDP) No.01 / Kep / Psm-3 / MDP Bali / X / 2010 in Lambing Traditional Village. This study used an empirical research method by presenting data qualitatively. The results of the study stated that in the awig-awig of the traditional village of Lambing, the position of women was not as heirs. Meanwhile, the implementation of the decision of Pesamuhan Agung III of the Main Assembly of Pakraman Village has not been fully implemented. Lack of socialization and the enactment of awig-awig as a binding rule have resulted in the inability to implement this decision.

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