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All Journal Randwick International of Social Science Journal Journal Equity of Law and Governance Jurnal Konstruksi Hukum Jurnal Interpretasi Hukum Jurnal Preferensi Hukum (JPH) Postgraduated Community Service Journal Community Services Journal (CSJ) Jurnal Analogi Hukum
I Wayan Arthanaya
Universitas Warmadewa
Humanities Law, Crime, Criminology & Criminal Justice Social Sciences Other

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Management Model of Unda River in the Development of Traditional Village Based on Custom Village in Paksebali Village Klungkung Bali I Made Suwitra; I Wayan Subawa; Diah Gayatri Sudibya; I Wayan Arthanaya; Ni Putu Sawitri Nandari
Randwick International of Social Science Journal Vol. 2 No. 4 (2021): RISS Journal, October
Publisher : RIRAI Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47175/rissj.v2i4.310

Abstract

This research is intended to identify the water resources management model carried out by Paksebali Village in the development of Tourism Villages in Klungkung Regency. Water resources (SDA) managemet in the development of tourism villages through coexistence between the Customary Villages and the Dinas (state) Villages which are oriented towards empowering rural communities for community welfare. So the Paksebali Village can coexit both the legal structure and the legal substance of the use of Unda River's surface water as a water attraction, restaurant, prewed in the development of new tourist destinations in Klungkung Regency through the development of a tourism village.
Involvement of Traditional Villages in Combating the Covid 19 Pandemic in Bangli I Gusti Bagus Suryawan; NM Jaya Senastri; I Wayan Arthanaya; A.A. Ayu Wulan Pramesti; Klaustra Adhi Permana
Journal Equity of Law and Governance Vol. 2 No. 2
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/elg.2.2.5878.111-114

Abstract

The purpose of this study was to analyze the justification for the involvement of Traditional Villages in the implementation of the prevention and control of the Covid 19 Pandemic in Yang Api Village and Peninjoan Village. The Bali Provincial Government synergizes activities to prevent the transmission of the Corona Virus (Covid-19) by involving Indigenous Villages in Bali. The implementation of policies such as PPKM in traditional villages cannot be carried out alone by the government but requires cooperation with various parties, including the community, health workers and security officers. In general, Babinkamtibmas are security officers in the village. However, in Bali, every traditional village has a pecalang as a traditional security officer based on traditional local wisdom. The local government through the Decree on the formation of the Customary Village-based Mutual Assistance Task Force has provided space for indigenous village communities to independently handle the Covid-19 pandemic faced by the Fire and Peninjoan Traditional Villages. With the provision of this space, the Covid-19 Gotong Royong Task Force can handle the ongoing pandemic on its own, starting from education, socialization, prevention and even handling. In addition, traditional villages also receive support from the Village Service so that they can coordinate with each other. The maintenance of conduciveness in the village is carried out well, with the synergy of traditional villages with official villages in handling Covid-19. The involvement of elements of the Traditional Village (pecalang) in a pandemic emergency situation is indeed possible and does not become a serious problem because what is put forward is the principle of benefit for humanity. Meanwhile, the success rate of involving traditional pecalang in Yang Api and Peninjoan Villages has worked well, although in August there was a surge in people infected with Covid 19, but it was more due to the many traditional events in the village, and not because of the negligence of the Covid task force in synergizing its main functions. The positive performance of the involvement of traditional villages in pandemic prevention needs to be continued in the future for activities that benefit the indigenous village community.
Hubungan Fungsional Desa Pakraman dengan Desa Dinas dalam Pelaksanaan Pembangunan di Desa Pererenan Menurut UU No. 6 Tahun 2014 I Made Restu Putra; I Wayan Arthanaya; Luh Putu Suryani
Jurnal Konstruksi Hukum Vol. 1 No. 2 (2020): Jurnal Konstruksi Hukum
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/jkh.1.2.2534.426-430

Abstract

Indonesian Constitution No. 6 of 2014 concerning Villages stipulates that a village refers to official village and traditional villages, but hereinafter referred to as village. This implies that there is a village government organizer. If this provision is applied in Bali, however, it will trigger an indication of the blurring of norms since in Bali there are two types of villages, namely Desa Pakraman (customary village) and official village, and the same is true in Desa Pererenan. The official village carries out the function of administering government administration and the Desa Pakraman (customary village) carries out the function of administering customary and religious affairs. The dualism of governance in villages in Bali, including in Pererenan Village, in the implementation of village development, can cause problems, because each village has autonomous rights in carrying out government functions. Therefore, this study highlights two things, namely how the development is planned in Desa Pererenan and the functional relationship between the Desa Pakraman and the official village in the implementation of development. The method used to examine these two issues is the normative research method, which involves qualitatively analyzed documents, both official and in the form of notes, laws and regulations and related government regulations. The research conclusions are drawn deductively. Based on the results of data analysis, it can is revealed that the development planning process (physical and non-physical) in Desa Pererenan refers to the Badung Regency development planning pattern, such as the National Plan of Development Plan (PPNSB), which adopts the philosophy of life and local wisdom of the Balinese people. Village development planning involves the Village Consultative Body (BPD) and the community in a participatory manner, is compiled in a periodic manner, and includes the Village Medium-Term Development Plan (RPJM) for a period of 6 (six) years and the Village Government Work Plan (RKP) for a period of 1 ( one year). The relationship between the desa pakraman and the official village in Pererenan Village is functional, namely consultative and coordinative, which is the working relationship between the prajuru desa pakraman (head of desa pakraman) and the official or perbekel village head. The duties and authorities of the two villages have differences but are still interrelated with one another.
Mekanisme Impeachment Presiden dalam Sistem Ketatanegaraan Indonesia I Gede Ngurah Bayu Krisna; Gusti Bagus Suryawan; Wayan Arthanaya
Jurnal Konstruksi Hukum Vol. 1 No. 2 (2020): Jurnal Konstruksi Hukum
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/jkh.1.2.2567.296-299

Abstract

In the course of the Indonesian Constitution, the president has been dismissed four times. This is the cause of the dispute between the two state institutions, namely the Representative Council (DPR) and the President. However, after reformation, the process of dismissing the President had to go through several stages. Based on these problems, this study aims to analyze the impeachment mechanism of the President in the Indonesian constitutional system and to find out the consequences of the Constitutional Court's legal decisions upon the DPR's request. This research uses the normative type by looking at the 1945 Constitution of the Republic of Indonesia concerning impeachment. The data sources used were law and documentation. Then, all data is processed and analyzed with deductive-inductive legal arguments. The results showed that before the reformation, government power was very large and centralized, giving birth to an undemocratic government, and the impeachment process of the President used political rather than juridical reasons. However, after the reform era, the regulation was made clear by the changes to the three 1945 Constitution that gave birth to a new institution, namely the Constitutional Court, automatically the post-reform Impeachment must go through a new legal institution after that a political institution
Sanksi Pidana bagi Pelaku Penyelundupan Imigran Gelap Anak Agung Ngurah Alit Bramandhita; I Wayan Arthanaya; Ni Made Sukaryati Karma
Jurnal Konstruksi Hukum Vol. 1 No. 2 (2020): Jurnal Konstruksi Hukum
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/jkh.1.2.2593.255-259

Abstract

The smuggling of illegal immigrants in Indonesia is an old problem, compounded by the situation in which people smuggling is carried out by Indonesian citizens themselves. The weak law regarding smuggling of illegal immigrants owned by Indonesia has made Indonesia no longer a transit country, but has become a smuggling destination country. Illegal immigrant smuggling can be defined as an activity that has the aim of making a profit, by bringing illegal foreigners to enter Indonesian territory. This study aims to determine the application of the illegal immigrant smuggling crime in Indonesia and to know the criminal sanctions against the illegal immigrant smugglers. This type of research used in this research is normative legal research using the literature review method in finding legal material. The data sources are Primary Legal Materials, which are binding legal materials, namely the 1945 Constitution of the Republic of Indonesia, the RKUHP in Chapter XXII of human smuggling, the Law concerning. The data was collected by means of a documentation study which was carried out by reading and recording the explanatory information obtained. The materials that have been collected are then processed using the inductive deductive method or vice versa, in order to obtain quality legal materials in accordance with the subject matter discussed which in the end the processing will be presented descriptively. The results show that the illegal immigrant smuggling crime is regulated in Article 120 of Law Number 6 of 2011. Then, the perpetrator of the illegal immigrant smuggling crime will be imprisoned for a minimum of 5 (five) years and a maximum of 15 (fifteen) years with a minimum fine of five hundred million rupiah and a maximum of one billion five hundred million rupiah.
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

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/jkh.2.1.2967.52-56

Abstract

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.
Penegakan Hukum Larangan Berburu Satuan Liar di Wilayah TNK Labuan BAJO Manggarai Barat Fransiskus Leric Kleden; Ida Ayu Putu Widiati; I Wayan Arthanaya
Jurnal Konstruksi Hukum Vol. 2 No. 2 (2021): Jurnal Konstruksi Hukum
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/jkh.2.2.3235.228-232

Abstract

The diversity of fauna in Indonesia is Yaranus komodoensis in the Komodo National Park (TNK) Labuan Bajo, East Nusa Tenggara. Currently, Kornodo is suspected of experiencing local extinction, thought to be caused by a reduced deer population due to illegal hunting, law enforcement on the prohibition of hunting wildlife in the area is still ineffective considering that hunting of wild animals is still happening. Efforts are made to increase the effectiveness of law enforcement on wildlife hunting by socializing the community and increasing the number of forest police officers in each region. . The research method used is empirical legal research, meaning that a study examines the problem based on the facts that occur in the field. From the research, there was hunting of deer wildlife in Komodo National Park. The purpose of this research is to determine the enforcement of the law on the prohibition of hunting wildlife in the Kornodo National Park and to find out the effectiveness of enforcing the law on the prohibition of hunting wildlife in the Komodo National Park.
Implementasi Pasal 53 Undang-Undang Nomor 22 Tahun 2001 tentang Minyak dan Gas Bumi Terkait Pelaku Usaha Pertamini di Kota Denpasar Ferdy Pradana; I Nyoman Putu Budiartha; I Wayan Arthanaya
Jurnal Konstruksi Hukum Vol. 2 No. 2 (2021): Jurnal Konstruksi Hukum
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/jkh.2.2.3268.429-433

Abstract

Petroleum as a strategic natural resource contained in the Indonesian mining jurisdiction is and has become a national asset that has been controlled by the State. This study aims to explain the legal sanctions for first business actors who trade oil and gas without having a business license to distribute oil and gas and describe the implementation process of the government's prohibition against first business actors in Denpasar. This research uses empirical legal research. The data collection technique was carried out through interviews. The data sources used are primary and secondary legal materials. The results of this study indicate that the regulation regarding legal sanctions for first-time business actors who do not have a license to distribute oil and natural gas has been regulated in Article 53 of Law Number 22 Year 2001 concerning oil and natural gas regarding processing, transportation, storage and commerce. However, with the complexity of business activities today, this regulation has not been able to reach and accommodate the current first developments. The application of the government's prohibition against first business actors in the city of Denpasar is still very contrary to the practice in the field. Only one owner only uses a micro and small business license (IUMK). Apart from that, the government has not been able to take action because there is no legal basis for controlling
Pelaksanaan Pemungutan Bea Perolehan Hak Atas Tanah dan Bangunan (BPHTB) di Kota Denpasar Anak Agung Triana Putri; Ida Ayu Putu Widiati; I Wayan Arthanaya
Jurnal Konstruksi Hukum Vol. 2 No. 3 (2021): Jurnal Konstruksi Hukum
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/jkh.2.3.3618.450-455

Abstract

Gaining authority regarding buildings and land arises as a result of changes that cover the events and activities of individuals or legal entities as legal subjects who are given the responsibility to have rights to land and buildings by active laws and regulations. The purpose of this research is to reveal the implementation of the collection of Customs for the Acquisition of Land and Building Rights (BPHTB) for the transfer of rights in Denpasar City as well as the obstacles and and efforts to solve problems in the implementation of the collection of BPHTB. The method used is empirical legal research with a case approach. The data collection technique was carried out by field research. The sources of legal data used are primary and secondary, then the data is analyzed systematically. The results of the research reveal that the collection of BPHTB in the city of Denpasar uses an online system that has been regulated in the regulation of the mayor of Denpasar number 17 of 2016 which is contained in Article 5 by depositing the amount of payment to the BPD bank and paying taxes in the city of Denpasar, using a self-assessment system. The Denpasar City Government Regulation in determining the selling value in buying and selling transactions is based on verification and validation in contrast to the self-assessment system, the results of verification and validation often get the selling value set by the Regional Revenue Service which is much more than the actual value.
Pertanggung Jawaban Perusahaan Daerah Parkir Terhadap Konsumen Ditinjau dari Peraturan Daerah Kota Denpasar Nomor 11 Tahun 2005 tentang Sistem Penyelenggaraan Perparkiran Kadek Rizal Artawan; Ni Komang Arini Styawati; I Wayan Arthanaya
Jurnal Konstruksi Hukum Vol. 2 No. 3 (2021): Jurnal Konstruksi Hukum
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/jkh.2.3.3673.650-655

Abstract

Regional Regulation Number 11 the year 2005 concerning the system of parking arrangement states, the regulation states if the consumer loses a vehicle in the place where the retribution is levied then Denpasar Parking Company will provide the compensation . However, there is still a lot of society that does not know about compensation regulation. The purposes of the research are to analyze the consumer's effort who have suffered losses in demanding the compensation and the responsibility of Denpasar Parking Company due to the loss of vehicles in Denpasar city. The method used is empirical legal research and the approach used is the statute approach and fact approach. The results of this stud y show the consumer who demands compensation for the losses in the Denpasar City area can be done in 2 ways outside the court and in court. Carving compensation through non -litigation from Denpasar Parking Company is by giving compensation that has been set. The mechanism of Denpasar Parking Company in providing the compensation is the compensation should be paid no later than 7 days afler the claim submission file is received, but any incidents outside the loss of the vehicle are not the responsibility of the Denpasar Parking Company.
Co-Authors A A Dalem Satria Dharma A.A. Ayu Wulan Pramesti Ade Marcelian Pande Anak Agung Arista Purnama Sari Anak Agung Bagus Brameswara Somanatha Anak Agung Gede Cahya Ditya Yuniarsa Anak Agung Ngurah Alit Bramandhita Anak Agung Triana Putri Andy Gunawan Cokorda Gede Wirasatya Pradana Dewa Gede Dirgayusa Werdi Bumi Dewi, A.A Sagung Laksmi Diah Gayatri Sudibya Ferdy Pradana FeviLia Dea Ayu Fransiskus Leric Kleden Gede Dwiki Cahyadi Gusti Ngurah Agung Suryadewa Gusti Ngurah Anom Widyarta I Gde Chandra Astawa Widhiasa I Gede Andik Surya Dana I Gede Kresna Udayana I Gede Ngurah Bayu Krisna I Gusti Agung Ayu Diah Aprillia I Gusti Bagus Suryawan I Gusti Made Bayu Nugraha I Gusti Ngurah Ananta Wardana I Gusti Ngurah Raka Wedatama I Kadek Andika Setiawan I Ketut Cahaya Rai Siwi I Ketut Gede Rudiarta I Ketut Widia I Komang Gerdion Ananda Junior I Made Deni Pramudya Adi Putra I Made Dicky Taruna Wijaya I Made Restu Putra I Made Suwitra I Nyoman Putu Budiartha 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 Putu Widiati Ida Ayu Putu Widiati Ida Ayu Samhita Chanda Thistanti Kadek Andy krisnanta Kadek Hapsari Ika Palupi Kadek Megah Bintaranny Kadek Rizal Artawan Karma, Ni Made Sukaryati Ketut Gita Lestari Klaustra Adhi Permana Klaustra Adhi Permana Livia Kusomo Luh Nyoman Diah Sri Prabandari Made Ayu Wangi Utari Suryatika Ni Komang Ayu Febriyanti Ni Komang Laksmi Ari Widya Pramesti Ni Luh Made Mahendrawati Ni Luh Mahendrawati Ni Made Puspasutari Ujianti Ni Putu Elsita Esayana Ni Putu Sawitri Nandari Ni Wayan Nita Dewi NM Jaya Senastri Nyoman Satria Bismantara Putu Gede Indra Paramartha Putu Gede Putra Dharma Yasa Putu Gede Surya Dharma Sadana Putu Nita Yulistian Putu Suryani . Sang Kompiang Kurnia Yudha Putra Satrya Raul Neru Senastri, Ni Made Jaya Simon Nahak Styawati, Ni Komang Arini Sugiartha, I Nyoman Gede Suryani, Luh Putu Widiati, Ida Ayu Putu