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A. A. Sagung Poetri Paraniti
Universitas Mahendradatta
Social Sciences

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Perlindungan Hukum Terhadap Perempuan Sebagai Korban Kekerasan Dan Diskriminasi A. A. Sagung Poetri Paraniti; I Wayan Wiryawan
Jurnal Ilmiah Raad Kertha Vol 3, No 1 (2020)
Publisher : Universitas Mahendradatta

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (643.084 KB) | DOI: 10.47532/jirk.v3i1.165

Abstract

Examining a number of issues of violence against women in Indonesialately, has placed women as victims for a very long period of time. This can be seen bythe variation in a number of cases of violence that have implications for all forms ofviolence ranging from physical to intimidation, harassment, humiliation and restrictionof rights as social beings even more visible and organized, namely in the form oftrafficking in women or the coercion of selling themselves. So that women in Indonesiaas a weak group must receive protection. Based on the background of the problemoutlined above, there are several important issues to be discussed further. The problemsare as follows: How is multicomplex legal protection for women as victims of violenceand discrimination, What are the obstacles faced in providing legal protection againstwomen as victims of violence and discrimination. Legal Use Theory. This type ofresearch used in this research is normative legal research which is a scientific researchprocedure to find the truth based on legal scientific logic from the normative side.Violence against women is any action that violates, inhibits, negates the enjoyment andneglect of women's human rights. Based on Komnas Perempuan data, the number ofreported cases of sexual violence in 2017 increased by 74% from 2016. Even in 2019cases of violence against women increased by 14% with a number of 406,178 cases. Theneed for guarantees of protection for women comes along with the awareness to providespecial protection because of the many problems faced by women such as physical andpsychological violence, discrimination, underdevelopment in various fields, and so on.Legal protection for women as victims of violence and discrimination is currentlyregulated in Indonesian law, namely the Criminal Code, Law Number 23 of 2004concerning the Elimination of Domestic Violence, Law Number 21 of 2007 concerningEradication Criminal Acts on Trafficking in Persons, Law Number 39 Year 1999Concerning Human Rights, Presidential Instruction Number 9 Year 2000 concerning Gender Mainstreaming (PUG), Presidential Decree Number 181 Year 1998 concerningthe Formation of the National Commission on Violence against Women or KomnasPerempuan, which was amended by Perpres Number 65 of 2005. Besides that, severalother forms of direct efforts made in providing legal protection for women are throughexisting institutions such as, Integrated Service Centers, and Legal Aid Institutions.There are several obstacles encountered in implementing legal protection againstwomen victims of violence and disks elimination which is caused by several factorsincluding, the substance of the law, law enforcement, culture, facilities and facilities. Forthis reason, there needs to be a number of improvements to a number of components thataffect law enforcement for violence experienced by women, both from human resourceslaw enforcement officers, the establishment of legislation that specifically regulateswomen, and maximizes a number of facilities related to the interests of victims of violenceso that implementation in providing legal protection to women can be properlyaccommodated.
Perkawinan Yang Dicatatkan Pada Kantor Catatan Sipil Tanpa Melakukan Upacara Keagamaan A.A Poetri Paraniti
Jurnal Ilmiah Raad Kertha Vol 2, No 1 (2019)
Publisher : Universitas Mahendradatta

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (310.268 KB) | DOI: 10.47532/jirk.v2i1.156

Abstract

Marriage is one of the important events in human life. Every person orpartner (male and female) if they have married then there is a bond of obligationand rights between them and children born from the marriage. Article 2 paragraph(1) of the marriage law that a marriage carried out according to each religion isthe main principle of a legal marriage. The formulation of the problem in this studyis a. What is the authority of the Desa Adat Institution in Bali in determining themarriage conditions before being registered. b. What are the Terms of MarriageAccording to Customary Law of Bali. that method. by using empirical legalresearch methods, namely legal research conducted because of the gap between theory and reality. In order for marriage to be considered legal as customary, itmust carry out Tri Upa Witness, namely Manusa Witness, Buta Witness, and Godof Witness. And administration must be recorded in the civil registry office.
Eksistensi Masyarakat Adat Bali Dalam Era Globalisasi (Suatu Kajian Filosofis, Yuridis dan Sosiologis) A. A. Sagung Poetri Paraniti
Jurnal Ilmiah Raad Kertha Vol 1, No 1 (2018)
Publisher : Universitas Mahendradatta

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (160.658 KB) | DOI: 10.47532/jirk.v1i1.145

Abstract

The establishment of the Government of the Republic of Indonesia in1945, there has not been explicitly or specifically issued a law regulating indigenouspeoples or indigenous and tribal peoples. In general, the nation in Article 18 BParagraph (2) of the 1945 Constitution, states that the State recognizes and respectsthe community unity, customary law along with its traditional rights as long as it isalive and in accordance with the development of society and the principle of NKRIas set forth in Undang- invite. Seen from sociology that the indigenous peoples ofBali are not static but dynamic, because of the development of the era, civilization,human resources and mingle with various tribes, religion, race and class. Againstthe customs, religions and cultures of Bali in such a harmonious way that a wholeunity of relationships must be preserved, protected and conserved with greatjurisdiction and sociology. The position of indigenous peoples in Bali remainsstrong even though the development of the era has been so rapid, even the positionof Desa Pakraman institution defeated the position of Desa Dinas, because for the Balinese people where custom, culture, religion are united in one very tightlybonded nafat.
Akibat Hukum Atas Perjanjian Jual Beli Hak Atas Tanah Yang Mengandung Cacat Hukum A. A. Sagung Poetri Paraniti; I Wayan Wiryawan
Jurnal Ilmiah Raad Kertha Vol 2, No 2 (2019)
Publisher : Universitas Mahendradatta

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (175.347 KB) | DOI: 10.47532/jirk.v2i2.159

Abstract

Land for humans has a very important meaning for life itself and together with the community.The importance of land can be seen from the function of the land, namely as a place to stand, for houses,a place to make a living, as a place to worship the Creator and also a place to bury those who havedied. By paying attention to the function of such a large land, the longer it feels as if the land becomesnarrow, while the demand always increases, it is not surprising that the value of the land becomes high.From the importance of the land, it is very necessary to do a study of what is meant by the sale andpurchase agreement of land rights that contain legal defects? What efforts can be taken in resolvingthe sale and purchase of land rights that contain legal defects? This type of research uses legal researchin normative legal aspects that reviews current legislation in Indonesia in relation to the legalconsequences of land purchase and sale agreements that contain legal defects. For the answer all theseproblems, article 1425 of the Civil Code regulates the occurrence of buying and selling and the articlestates that the sale and purchase is deemed to have occurred between the two parties, immediatelyafterwards these people agreed on the material even though the price of the material had not beendelivered or the price not yet paid. With the sale and purchase of the land, it does not mean that the ownership rights in this case the ownership rights to the land have changed. Because the transfer ofownership rights to land needs to be followed by legal actions in the form of Yuridische levering so thatit does not cause legal defects. The legal effect of the land purchase agreement that contains legaldefects is that the seller returns the money from the sale of land to the buyer and the buyer returns thecertificate of land rights to the seller so that it can be canceled due to the seller's fault. Efforts that canbe taken in resolving the sale and purchase agreement on land containing legal defects can be resolvedeither by deliberation, peace or family and if this fails, the solution is through mediation, if it is notfinished, the legal remedies are the last resort.
Co-Authors I Wayan Wiryawan