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All Journal Jurnal Preferensi Hukum (JPH)
Ni Made Puspautari Ujianti
Universitas Warmadewa
Law, Crime, Criminology & Criminal Justice

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Pengaturan Hubungan Menyimpang di Luar Perkawinan bagi Lesbian Dan Gay dalam Perspektif Hukum Hindu I Kadek Grendy Bhineka; I Nyoman Putu Budiartha; Ni Made Puspautari Ujianti
Jurnal Preferensi Hukum Vol. 2 No. 1 (2021): Jurnal Preferensi Hukum
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (202.807 KB) | DOI: 10.22225/jph.2.1.2799.83-87

Abstract

Marriage is a physical and mental bond between a man and a woman as husband and wife with the aim of forming a happy and eternal family (household) based on the One Godhead. Humans were created to pair men with women in order to continue the lineage, but there are a group of people who behave like the same sex and want to legalize their actions up to the level of marriage through the laws in force in their country. This of course cannot be accepted by some people who contradict same-sex marriage behavior which is commonly referred to as Lesbian, Gay, Bisexual and Transgender, hereinafter referred to as LGBT. This study aims to explain the arrangement of deviant relationships outside of marriage for LGBT people in the perspective of Hindu law. The second one describes the religious perspective in dealing with LGBT perpetrators. This research is designed to use normative legal research with a juridical approach through the hermenutic method. The data used are secondary and primary data which are analyzed qualitatively. The results show Hinduism, there is no single verse or ceremony which legalizes that gay and lesbi can have a marriage or relationship, meaning that it is not allowed to marry, especially with a sacred ceremony, Vedic mantra puja, the second one should not isolate or discriminate but provide education to treat Humanly, gay and lesbian perpetrators must provide protection or educate the perpetrator whether he is accommodated in a place and then given direction or counseling so that the perpetrator is aware of LGBT behavior.
Penyelesaian Perkara Harta Warisan dan Harta Bersama dengan Prosedur Mediasi di Pengadilan Agama Badung (Nomor Perkara 0095/PDTG/2017/PABDG) I Kadek Leo Byasama Wijaya; I Nyoman Putu Budiartha; Ni Made Puspautari Ujianti
Jurnal Preferensi Hukum Vol. 2 No. 1 (2021): Jurnal Preferensi Hukum
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (222.345 KB) | DOI: 10.22225/jph.2.1.2800.88-92

Abstract

Disputes over joint property mixed with inheritance Dispute resolution specifically means that in a dispute that occurs between a husband and wife there is a difference of opinion between the two parties because property can also refer to a dispute So that for this there is an imbalance of ownership and a policy is needed to equalize the position of both parties Based on the background of the problems that have been described several problems can be formulated as follows 1) How is the Legal Power of mediation in the trial process at the Badung Religious Court? 2) What are the procedures for distributing inheritance and collective assets according to the compilation of Islamic law? This type of research used here is a type of empirical research where this research is carried out on the real situation in a community or the surrounding environment with the aim of finding facts or existing legal problems The results of this study indicate that the legal power of mediation in the trial process at the Badung Religious Court namely with the peace deed the results of the peace agreement get legal certainty
Co-Authors I Kadek Grendy Bhineka I Kadek Leo Byasama Wijaya Putu Budiartha, I Nyoman