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All Journal Randwick International of Social Science Journal Jurnal Konstruksi Hukum Jurnal Interpretasi Hukum Jurnal Preferensi Hukum (JPH) Postgraduated Community Service Journal Community Services Journal (CSJ)

I Wayan Arthanaya

Universitas Warmadewa

Author-ID : 3409679

Humanities Law, Crime, Criminology & Criminal Justice Social Sciences Other

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Partisipasi Masyarakat dalam Pemilihan Umum Serentak Tahun 2019 di Kelurahan Ubung Kecamatan Denpasar Utara, Kota Denpasar I Gusti Agung Ayu Diah Aprillia; I Wayan Arthanaya; Luh Putu Suryani
Jurnal Konstruksi Hukum Vol. 2 No. 1 (2021): Jurnal Konstruksi Hukum
Publisher : Warmadewa Press

Election is a series of activities in democratic voting. In this regard, the election is regulated in Law Number 7 of 2017, here it explains how the participation of the people of Ubung Village in the context of participating in the 2019 election process. This study aims to determine the election management system according to Law No. 7 of 2017 and knowing about the implementation of the election in Ubung Village. This type of research is empirical research. This research was carried out by going directly to the research location which was located in the Ubung Village. The results showed that the stages in the people's participation in the kelurahan ubung are: in the election process it can be classified into 3 (three) stages, namely: the preparation stage, the implementation stage, and the evaluation stage. So in this regard here it is said that the phase of people's involvement in the election of the Kelurahan ubung is very enthusiastic because almost 49.41% of the registered voters of the Kelurahan ubung and the Permanent Election list come to the polling stations to exercise their voting rights.

Pelanggaran Tindak Pidana Lalu Lintas yang di Lakukan oleh Seorang Warga Negara Asing (WNA) di Kawasan Badung Bali yang Mengakibatkan Hilangnya Nyawa Seseorang Dewa Gede Dirgayusa Werdi Bumi; Anak Agung Sagung Laksmi Dewi; I Wayan Arthanaya
Jurnal Konstruksi Hukum Vol. 3 No. 2 (2022): Jurnal Konstruksi Hukum
Publisher : Warmadewa Press

Bali is a well-known tourist destination in the international world. In supporting their daily activities, not a few foreign tourists use vehicles individually. And not a few tourists who violate traffic. The occurrence of traffic violations on the highway tends to allow accidents. The purpose of this research is to discuss the regulation of the rights of foreign nationals who commit traffic violations that result in the loss of a person's life and to examine the criminal factors against foreign nationals who commit traffic violations resulting in the loss of a person's life. This research uses empirical legal research methods using a juridical and sociological approach. The sources of legal materials used in this research are primary, secondary and tertiary sources. Data collection techniques in this research used interview techniques and note-taking and documentation techniques. The results of this research explain that foreign nationals have rights as witnesses in a process of proving a criminal case which is regulated in the provisions of Article 26 paragraph (2) of the 1945 Constitution of the Republic of Indonesia which is specifically regulated regarding rights as citizens. Foreign. The lack of law enforcement against foreigners driving in the territory of Indonesia, especially Bali, is a factor causing accidents. It is hoped that the government will be able to tighten the enforcement of rules against foreigners driving in Indonesian territory and for rental parties to pay more attention to driving requirements for foreigners.

Pemberantasan Penyalahgunaan dan Peredaran Narkotika Melalui Pararem Desa Adat Pancasari Kadek Andy krisnanta; I Made Suwitra; I Wayan Arthanaya
Jurnal Interpretasi Hukum Vol. 1 No. 1 (2020): Jurnal Interpretasi Hukum
Publisher : Warmadewa Press

The increase in the spread of narcotics in Indonesia is influenced by the rapid population growth. Bali is one of the global tourist destinations and has become a spot for the spread of narcotics and other dangerous substances. The eradication of narcotics in the area in turn requires the synergy of various components in order to suppress and limit the space for dealers both small and large scale. The collaborative effort to eradicate the distribution and abuse of narcotics is carried out by BNNK Buleleng by cooperating with traditional villages through the issuance of a pararem concerning Narcotics in Desa Pancasari, the Sub-district of Buleleng. This research makes use of empirical legal methods. Data were analysed qualitatively, descriptively and systematically. The collaboration between BNNK Buleleng and the Desa Adat of Pancasari in the form of Pararem Number 01/DPP-II/2019 concerning Narcotics is used as a tool to eradicate the existence of narcotics with the aim to limit the space for spread starting from the smallest scope of society. Then, in terms of effectiveness, the Pararem Number 01/DPP-11/2019 in the eradication of narcotics abuse and circulation in the Desa Adat of Pancasari has been effective with the full support of the village government and indigenous peoples as well as the role of the BNNK Buleleng as a supervisor that until now there has been no violation of the Pararem in the indigenous villages of Pancasari.

Kedudukan Hak atas Tanah Waris Warga Negara Indonesia yang Berpindah Kewarganegaraan Kadek Hapsari Ika Palupi; Ida Ayu Putu Widiati; I Wayan Arthanaya
Jurnal Interpretasi Hukum Vol. 1 No. 1 (2020): Jurnal Interpretasi Hukum
Publisher : Warmadewa Press

A person’s citizenship status has an impact on obtaining guarantees of rights from the state. Indonesian citizens are granted the right to obtain ownership rights to land in Indonesia, but not to those who have changed their citizenship status. The case is different if a citizen acquires the rights of ownership over land due to inheritance. In this regard, this study addresses two questions: 1) how is the inheritance rights in Indonesia based on the Civil Code regulated? ) What is the position of inheritance rights of Indonesian a citizen who has changed his/her citizenship status? This study uses a normative legal research method with a statutory approach and a conceptual approach to achieve these goals. The results indicate that the regulation of inheritance rights in Indonesia is realized through the enactment of three types of inheritance law, namely Customary Inheritance Law, Islamic Inheritance Law and Civil Code Inheritance Law. In the Civil Code of Inheritance Law there are groups that distinguish between heirs and wills whose contents shall not conflict with legitieme portie (absolute part) and shall relate to its inheritance which is land. Then, there are other rules that need to be obeyed namely Indonesian Republic Law Number 5 of 1960 concerning Basic Regulations of Agrarian Principles. The status of ownership rights of land of an Indonesian citizen who has changed his/her citizenship status transfers to the state if the said citizen does not transfer the status of his/her land inheritance within one year from his transfer of citizenship.

Perlindungan Hukum Bagi Kreditur Bank pada Perjanjian Kawin dalam Perkawinan Campuran Kadek Megah Bintaranny; I Nyoman Putu Budiartha; I Wayan Arthanaya
Jurnal Interpretasi Hukum Vol. 1 No. 1 (2020): Jurnal Interpretasi Hukum
Publisher : Warmadewa Press

The problem faced by the couple of a mixed marriage in Indonesia is that there are provisions in Indonesian law regarding the incorporating of assets immediately into joint property after the marriage. But on the other hand, there are laws regulating that foreigners may not own property rights in Indonesia, so joint property involving a number of properties in the form of movable or immovable property will be impossible for foreigners to own. This study examines two issues: the legal protection for third party, the bank creditors relating to the status/property status of a married couple in mixed marriages in a marriage agreement and the legal consequences of non-performing loans related to the couple’s property if they commit defaults. To uncover these two matters, the study was conducted using the normative legal research method. The results show that creditors are protected in a preventive and repressive manner. Legal consequences for husband or wife property for bank creditors if the debtor is bound in the mixed marriage defaults depend on the form of the marriage agreement made. A husband or wife who is an Indonesian citizen as a debtor is permitted to guarantee the material security of his assets freely and can be taken as collateral for repayment by the bank’s creditors if the debtor is in default.

Perlindungan Hukum terhadap Hak Milik Atas Tanah untuk Pembangunan Kepentingan Umum Made Ayu Wangi Utari Suryatika; I Gusti Bagus Suryawan; I Wayan Arthanaya
Jurnal Interpretasi Hukum Vol. 1 No. 1 (2020): Jurnal Interpretasi Hukum
Publisher : Warmadewa Press

The role of land is very important in addition to being the capital for administering the life of the state but also the life of the people. Land function as the fulfillment of human needs in many aspects such as for housing, agriculture, plantations, and industrial activities that require the availability of land. Land has a social function, where one of the government's efforts in the context of national development is development in the public interest, such as the construction of highways, people's settlements, traditional markets, construction of mall buildings and so on. So the problem under investigation is What is the form of legal protection of land rights for the development of public interests, and how is the mechanism for compensating land rights for development of public interests. The method used is normative legal research with legislation and conceptual approaches, as well as sources of legal materials used are primary and secondary legal materials with collection techniques of library legal materials that are analyzed quantitatively in a descriptive analytical form. Based on the results of research and analysis, a conclusion can be drawn from legal protection of land rights that there are two forms of legal protection, namely preventive legal protection and repressive legal protection, in addition, Article 1 number 10 of Law No. 2 of 2012 is the basis of compensation for holders of land rights. The advice that can be delivered is that in practice the holders of land rights are often not satisfied with the compensation provided, according to which the amount of compensation is not proportional to material and material losses. Therefore, it is expected that the government as the land acquisition party applies an objective objectivity where careful consideration and calculation are carried out, so that the compensation as expected by the holder of the right to the land and even later the compensation can become compensation.

Fungsi Badan Usaha Milik Desa (BUMDES) Sari Amertha Sudha Sidakarya dalam Meningkatkan Kesejahteraan Masyarakat Desa Putu Gede Putra Dharma Yasa; Ida Ayu Putu Widiati; I Wayan Arthanaya
Jurnal Interpretasi Hukum Vol. 2 No. 1 (2021): Jurnal Interpretasi Hukum
Publisher : Warmadewa Press

Bumdes is a new approach that aims to improve the welfare of the village community in exploring the potential that the village has. Bumdes is managed by the village and assisted by the village community. The problems that exist in this research; how is the management of bumdes based on Law no. 6 of 2014 concerning Villages, how is the effectiveness of Sari Amertha Sudha Sidakarya in improving community welfare. This research is an empirical research with a social approach. The management of BUMDes must be carried out using the principles of cooperation, involvement, emancipation, not being covered up, calculated and sustainable. In implementing BUMDes management, there are three things that must be considered, namely strengthening the management capacity of BUMDes, BUMDes financial reporting and administration, and developing business units. Therefore, the direction of BUMDes development policy focuses on efforts to facilitate human resource development, strengthening institutions, increasing access to capital, and advocating for policies formulated based on priority scales. The effectiveness of bumdes Sari Amertha Sudha in an effort to improve the welfare of the village community through economic development. The form of community participation to participate in the development of BUMDes is to participate in planning, participate in efforts to manage bumdes and participate in monitoring and evaluating bumdes Sari Amertha Sudha Sidakarya.

Hak Waris Anak yang Dilahirkan melalui Perjanjian Surogasi Putu Nita Yulistian; I Nyoman Putu Budiartha; I Wayan Arthanaya
Jurnal Interpretasi Hukum Vol. 2 No. 1 (2021): Jurnal Interpretasi Hukum
Publisher : Warmadewa Press

The development of technology in the medical world has led to surrogation methods as an alternative for married couples who cannot have children due to medical indications. Surrogation is an agreement between a woman and the husband and wife to become pregnant by donating the embryo of the husband and wife into the woman's womb and the child born is handed over to the husband and wife who make this agreement. This raises legal issues, namely how the existence of a surrogation agreement according to the health law and the Civil Code and how the inheritance rights of children born as a result of the surrogation agreement. This study uses normative research with a statutory and conceptual approach using primary, secondary and tertiary legal materials. The results of this study indicate that the existence of a surrogation agreement does not exist specifically, but based on the logic of argumentum a contrario, article 127 paragraph (1) letter a of the Health Law, article 40 paragraph (2) and article 43 paragraph (3) letter b Government regulations concerning reproductive health prohibits the practice of surrogation in Indonesia and the surrogation agreement is declared invalid according to article 1320 of the Civil Code because it does not meet the objective requirements. If the child is born, according to the Marriage Law, the child has the right to inherit to the surrogate woman's legal husband or to the surrogate woman and her family. However, if the child is adopted by the biological parent, the civil relationship between the child and the biological parent will be cut off and the right to inherit from the adoptive parent, in this case the biological parent of the child.

Efektivitas Pengawasan Badan Permusyawaratan Desa (BPD) Terhadap Pengelolaan Dana Desa (Desa Blahkiuh, Kecamatan Abiansemal, Kabupaten Badung) I Komang Gerdion Ananda Junior; I Ketut Kasta Arya Wijaya; I Wayan Arthanaya
Jurnal Interpretasi Hukum Vol. 2 No. 2 (2021): Jurnal Interpretasi Hukum
Publisher : Warmadewa Press

Village funds are a form of assistance from the government as a means of support and means of encouraging development and empowerment of communities in the village, where the assistance is used to support community facilities in developing activities and potential in a village. The government budget given to the village is basically used to increase community development and empowerment. The purposes of this research are to examine the implementation of the supervision of the Village Consultative Body (BPD) on the management of village funds in Blahkiuh Village and the effectiveness of the supervision of the Village Consultative Body (BPD) on the management of village funds in Blahkiuh Village. This type of research used in this study is an empirical method, wtih socilogical approach and staturory approach. The results shows that Implementation of BPD supervision of village fund management in Blahkiuh Village, among others, is directed at realizing the desired future state by looking at the potential and needs of the Village. The effectiveness of BPD supervision on the management of village funds in Blahkiuh Village, among others, is not yet fully running, although the village budget is very important, such as construction / repair / maintenance activities for irrigation channels, roads, etc. This is influenced by low public participation, weak coordination between planning and budget execution

Perlindungan Hukum Terhadap Bumdes Simpan Pinjam dalam Perkara Kredit Macet yang Disebabkan Adanya Wanprestasi oleh Debitur di Desa Kesimpar Karangasem I Putu Utama Putra; I Nyoman Putu Budiartha; I Wayan Arthanaya
Jurnal Interpretasi Hukum Vol. 2 No. 3 (2021): Jurnal Interpretasi Hukum
Publisher : Warmadewa Press

Village-owned enterprises are mostly owned by the village through direct participation originating from the wealth of the village itself. The purpose of establishing a village-owned enterprise is to create job vacancies for the community and as a result increase the income of the village itself. Of course, in establishing BUMdes, you must follow the procedures as they are regulated in the village law. This study aims to examine the legal protection of BUMdes savings and loans against bad credit cases in Kesimpar Village and reveal the settlement of bad loans in BUMdes Kesimpar Village. This study uses empirical legal research and the problem approach used is the legislative and conceptual approach. The sources of data used are primary data, namely interviews with related parties and secondary data including legislation. Data were collected by means of interviews obtained with informants in the BUMdes Panca Datu, Kesimpar Village. Furthermore, the data were analyzed qualitatively and then concluded inductively. The results of the study reveal that the legal protection of BUMdes savings and loans in the case of bad loans caused by default by debtors in Kesimpar Karangasem Village is holding on to the agreement letter and legal protection for BUMdes is regulated in Bali Governor Regulation Number 44 of 2017, Law of the Republic of Indonesia Number 10 1998, Law Number 4 of 1996 and efforts to settle bad loans at BUMDES Panca Datu through repressive means.

Co-Authors Ade Marcelian Pande Anak Agung Gede Cahya Ditya Yuniarsa Cokorda Gede Wirasatya Pradana Dewa Gede Dirgayusa Werdi Bumi Dewi, A.A Sagung Laksmi Diah Gayatri Sudibya Gede Dwiki Cahyadi I Gde Chandra Astawa Widhiasa I Gede Andik Surya Dana I Gusti Agung Ayu Diah Aprillia I Kadek Andika Setiawan I Ketut Cahaya Rai Siwi I Ketut Widia I Komang Gerdion Ananda Junior I Made Deni Pramudya Adi Putra I Made Suwitra, I Made I Nyoman Gede Sugiartha I Nyoman Sutama I Putu Bagus Ariana I Putu Utama Putra I Wayan Subawa I Wayan Wesna Astara I Wayan Wirya Sastrawan I. A. Wulan Prawesti Ida Ayu Intan Surya Dewi Ida Ayu Samhita Chanda Thistanti Kadek Andy krisnanta Kadek Hapsari Ika Palupi Kadek Megah Bintaranny Klaustra Adhi Permana Luh Made Mahendrawati Made Ayu Wangi Utari Suryatika Ni Komang Arini Styawati Ni Komang Ayu Febriyanti Ni Made Puspasutari Ujianti Ni Putu Sawitri Nandari Ni Wayan Nita Dewi Nyoman Satria Bismantara Putu Budiartha, I Nyoman Putu Gede Putra Dharma Yasa Putu Gede Surya Dharma Sadana Putu Nita Yulistian Putu Suryani . suryawan, Gusti Bagus Widiati, Ida Ayu Putu

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