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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.

Perlindungan Hukum terhadap Anak dalam Terjadinya Perceraian Gede Andi Wiradharma; I Nyoman Putu Budiartha; I Ketut Sukadana
Jurnal Preferensi Hukum Vol. 1 No. 2 (2020): Jurnal Preferensi Hukum
Publisher : Warmadewa Press

Marriage is a thing that unites two individuals into one through a religious and legal ceremony. After the wedding ceremony takes place, the two individuals are married-couple. In undergoing marriage, a lot of things must be passed, so the husband and wife will have differences of opinion. The differences of opinion sometimes cause husband and wife to experience conflict which will usually lead to a fight that often ends to divorce. This research was conducted with the aim of describing how the regulation of child custody rights according to the law in Indonesia and how the legal protection of children's rights due to divorce. This research was designed using a normative legal research method. The results of this study showed that the regulation of child custody according to the law in Indonesia is regulated in Law Number 35 of 2014 concerning Child Protection and also mentions children's rights and obligations. In this law, child protection takes precedence. In addition, legal protection for children's rights due to divorce is also guaranteed where children are still entitled to receive rights from their parents such as getting an education, a decent place to live, feel secure, and get health insurance.

Pemecahan Sertifikat Hak atas Tanah yang Sedang Dibebani Hak Tanggungan I Putu Gian Favian Adhi Pradana; I Made Suwitra; I Ketut Sukadana
Jurnal Preferensi Hukum Vol. 1 No. 2 (2020): Jurnal Preferensi Hukum
Publisher : Warmadewa Press

The purpose of the procedure for certificate management is still bound by mortgage rights, namely to provide legal protection for creditors, if there is a certificate holder, all of the breakers will be re-burdened according to the loan borrowed. This study aims to look at the legal protection for the bank against land title certificate holders who are encumbered with mortgage rights and legal responsibilities for land title certificates that are encumbered with mortgage rights. This research uses a type of normative legal research, with an invited-invited approach (The Statute Approach) and a conceptual approach. The results showed that the legal protection measures for the bank against the management of land title certificates that were encumbered with mortgage rights could be done by making a power of attorney to charge and making them to sell. In practice, in order to obtain a legal protection against the certainty of the guarantee to be resolved, the Bank will ask permission to make a power of attorney to make the sale. In this case a power of attorney is made to sell by the bank's debtor and can also sell the guarantee. As a result of the legal law, the certificate which is being burdened with a mortgage will be nullified and will be re-burdened on the owner.

Persetujuan Keluarga sebagai Syarat dalam Pemberian Pembebasan Bersyarat kepada Narapidana Gusti Ngurah Agung Tresna Wangsa; I Ketut Sukadana; I Made Budiyasa
Jurnal Preferensi Hukum Vol. 1 No. 2 (2020): Jurnal Preferensi Hukum
Publisher : Warmadewa Press

One of the rights of convict is obtaining parole. To get his right as a convict in order to get parole requires the consent of the convict's family as a guarantor. The aims of the research are to know the arrangement of parole to the convicts and to know the role of the family as a guarantor in granting parole to convicts. The method of research is the type of normative legal research. Approach of problem is approach of conceptual approach and legislation. Source of primary and secondary legal materials. Collection of legal materials by reading or studying books of legislation and other literature and added with the results of interviews. The analysis of legal materials is done by analytical descriptive. Results and discussion is the regulation of parole shall be granted to a convict who has served a criminal offense of at least 2/3 (two-thirds) with the provisions of 2/3 (two-thirds) of the criminal period not less than 9 (nine) months. it is regulated in Government Regulation no. 99 of 2012, Regulation of the Minister of Justice and Human Rights, Regulation of the Minister of Justice and Human Rights Number M.01.PK.04-10 of 2007, Ministerial Regulation no. 21 of 2013 which contains conditional pretrial conditions and procedures for convicts. Approval of the family as a guarantor is one of the mandatory requirement in granting conditional exemption to the convict because the family will be responsible in guiding and supervising the convict if they have obtained the Conditional Paragraph, providing information about the circumstances of the convicts and the family is also obliged to assist the economic condition because in general the convicts the newly acquired parole has not had a job yet.

Pengangkatan Anak oleh Orang Tua yang Berbeda Keyakinan dengan Calon Anak Angkatnya Fransiska Maryl Agatha; I Ketut Widia; I Ketut Sukadana
Jurnal Preferensi Hukum Vol. 1 No. 2 (2020): Jurnal Preferensi Hukum
Publisher : Warmadewa Press

Adoption is a legal action to transfer custody of a child from a parent, legal guardian, or another person responsible for the care, education, and care of the child to the care of the adoptive parent. The adoption of children is generally carried out by married couples who cannot have children. Apart from a reproduction factor, there are a lot of other things encouraging adopting a child, one of them is compassion. This study aimed to examine the requirements for adoption based on PP. 54 of 2007 and the legal consequences of adopting children by adoptive parents of different beliefs from the prospective adopted children. This research is a normative legal research. Based on the results and discussion of this study, it was found that requirements for adoption based on PP. 54 of 2007 has been clearly regulated, and the detailed procedures and requirements for adoption have been regulated in Law No. 35 of 2014 concerning Child Protection with implementing regulations in the form of Government Regulation No. 54 of 2007 concerning the Implementation of Adoption and clear details in the Minister of Social Affairs Regulation No. 110 of 2009 concerning Requirements for Adoption of Children. In addition, adoption by prospective parents with different beliefs can be carried out by having a statement letter from the biological parents of the prospective adopted child stating that the child follows the beliefs of the adoptive parents. Whereas for homeless children a statement letter from the biological parents is made by the foundation or institution that accommodates the child.

Covid-19 Prevention Handling Model Bali Province Government I Ketut Sukadana; I Nyoman Sutama; Ni Made Sukaryati Karma
Sociological Jurisprudence Journal Vol. 5 No. 1 (2022)
Publisher : Fakultas Hukum, Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/scj.5.1.2022.25-31

According to data from the Indonesian Covid Task Force, as of Augustus 2, 2021, there were 3,462,800 cases and 97,291 deaths. Even though in terms of the quantity of Balinese people affected by COVID-19, which is around 2,3% of the sufferers nationally (2,231 deaths), the social impact it causes is very broad, especially in the tourism sector which is almost totally not operating. The government has taken policies or steps to overcome the impact of the Covid-19 pandemic. All parties are also expected to be able to make efforts to prevent transmission and mitigate the impact that occurs, from the Government, Provincial Government, Regency / City Government, and all levels of society. Efforts to improve the health status of the highest in the form of efforts to prevent disease transmission by involving the community at large. Interesting legal issues to study are as follows: Policies implemented by the Bali Provincial Government in Preventing the Transmission of Covid-19. This study aims to obtain and examine the model applied by the Bali Provincial Government in handling the spread of COVID-19. The results of the study show The policies carried out by the Provincial Government of Bali in the Prevention of Covid-19 Transmission are to realize the acceleration of handling health related to COVID-19, to realize the acceleration of handling the impact of COVID-19 on the economy, and to realize the acceleration of handling the impact of COVID-19 on the community, in the form of a Social Safety Net. The scope of the policy includes: budget reallocation, handling health related to COVID-19, handling the impact of COVID-19 on the economy, and handling the impact of COVID-19 on the community in the form of a Social Safety Net. Handling the Prevention of Covid-19 Transmission is by forming a Task Force based on Traditional Villages and handling health by the Provincial Task Force. The involvement of the traditional village at the behest of the ruler means not respecting the traditional village as an institution that has genuine autonomy that cannot be governed by parties outside the traditional village. Conditions would be different if the initiative to assist the implementation of the handling of Covid-19 came from the traditional village itself.

Status Tanah Karang Desa Di Desa Pakraman Selat Belega Ketut Adi Wirawan; I Ketut Sukadana; Cok Gede Suryanata
KERTHA WICAKSANA Vol. 13 No. 1 (2019)
Publisher : Fakultas Hukum, Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/kw.13.1.2019.12-18

Adanya aturan khusus mengenai tanah karang desa secara adat terhadap krama atau masyarakat yang memiliki tanah karang desa di Desa Selat Belega baik dalam bentuk warisan turun-temurun yang telah diatur atau diungkapkan Awig-awig di Desa Selat Belega. Tujuan penelitian ini adalah untuk mengetahui bagaimana aturan dan kewajiban tata krama desa atau untuk penduduk pemilik tanah karang desa sebagaimana telah ada dalam aturan adat Desa Selat Belega dan sebagaimana diatur dalam hukum adat dan desa tradisional Awig-awig. Jenis penelitian yang digunakan dalam penelitian ini adalah jenis penelitian hukum empiris yaitu mencari fakta-fakta dalam prakteknya di masyarakat, kemudian dikaitkan dengan ketentuan-ketentuan hukum untuk mencari jalan pemecahannya. Hasil pembahasan dalam penelitian ini adalah sebagai berikut: Kewajiban manusia desa sebagai pemegang tanah karang desa antara berada di Desa Pakraman Selat sesuai dengan Awig-Awig dan Pararem Desa, menjadi milik para pengarep , tedun mebanjar, ngayah di desa pakraman dan/atau Kahyangan Tiga dan mengeluarkan Pepeson, patuh dan patuh pada awig-awig di desa Pakraman dan telah menjadi kebiasaan adat Banjar. Posisi tanah karang desa di Desa Selat Belaga adalah melemahnya desa Pakraman yang diserahkan penggunaannya dengan sopan santun dari generasi ke generasi sesuai dengan kebutuhan masyarakatnya masing-masing, krama yang menempati desa karang memiliki ukuran kecil, tanah menengah dan besar, misalnya ada daerah 200, 400 dan 800 dengan kewajiban ngayahan desa dan tedun mebanjar. Kata kunci: Tanah Karang Desa; Desa Pakraman; Awig-Awig There are special rules regarding traditional village coral land against krama or the community that owns village coral land in the Desa Selat Belega both in the form of genetic inheritance that has been regulated or revealed by Awig-awig in the Desa Selat Belega. The purpose of this study was to find out how the rules and obligations of village manners or for residents of village coral landowners as already contained in the traditional rules of the Desa Selat Belega and as stipulated in conventional law and traditional villages Awig-awig. This type of research used in this study is a type of empirical legal analysis that is looking for facts in practice in society, then associated with legal provisions to find a way to solve it. The results of the discussion in this study are as follows: Obligations of village people as holders of village coral land between being in Pakraman Selat Village according to Awig-Awig and Pararem Desa, belonging to the pengepep, tedun mebanjar, ngayah in pakraman village and/or Kahyangan Tiga and issued Pepeson, obedient and obedient to awig-awig in Pakraman village and had become a custom of Banjar. The village coral land position in the Desa Selat Belega is the weakening of Pakraman village which has been surrendered by manners from generation to generation in accordance with the needs of their respective communities, the krama that occupy the coral village have small size, medium and large land, for example 200, 400 and 800 with the obligation to cultivate the village and incur losses. Keywords: Tanah Karang Desa; Pakraman Village; Awig-Awig

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