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All Journal International Journal of Interreligious and Intercultural Studies KERTHA WICAKSANA Budapest International Research and Critics Institute-Journal (BIRCI-Journal): Humanities and Social Sciences Jurnal Konstruksi Hukum Jurnal Interpretasi Hukum Jurnal Preferensi Hukum (JPH) Advances In Social Humanities Research International Journal of Law and Society

I Ketut Sukadana

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Author-ID : 389942

Religion Arts Humanities Economics, Econometrics & Finance Engineering Law, Crime, Criminology & Criminal Justice Social Sciences

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Penegakan Perda Kota Denpasar di Kawasan Prostitusi Belanjong Sanur Anju Indah Sucita; I Ketut Sukadana; I Made Minggu Widyantara
Jurnal Konstruksi Hukum Vol. 1 No. 1 (2020): Jurnal Konstruksi Hukum
Publisher : Warmadewa Press

Social problems related to prostitution continue to develop from various cities, as well as the city of Denpasar as a metropolitan city where there is a place of prostitution in one of the Denpasar areas, namely Belanjong Sanur. With the Regional Regulation (Perda) of Denpasar City Number 1 of 2015 concerning Public Order, it is hoped that its implementation. Based on the background of the problem above, the purpose of this study is to determine the implementation of the Regional Regulation (Perda) of Denpasar City Number 1 of 2015 concerning Public Order in the Belanjong Sanur area and to analyze how the efforts made by the Denpasar City Government in eradicating prostitution in the Belanjong area Sanur. This type of research is empirical legal research using descriptive qualitative data analysis methods. The results showed that the implementation of the Denpasar City Regional Regulation (Perda) Number 1 of 2015 concerning Public Order in the Belanjong Sanur area, which was implemented by the Denpasar City Civil Service Police Unit (Satpol PP) has been carried out well. Furthermore, the efforts made by the Denpasar City Government in eradicating prostitution in the Belanjong Sanur area, in general, the efforts to overcome prostitution can be divided into two, namely efforts that are preventive in nature and actions that are repressive in nature. Preventively in the Belanjong Sanur area, namely conducting socialization and counseling. The law enforcement carried out by Satpol PP is by controlling the location of prostitution and making arrests, as is their obligation as the enforcer of Perda No.1 of 2015.

Sanksi Hukum terhadap Pelanggaran Hak Cipta yang Dilakukan oleh Perusahaan Karaoke Bayu Kusuma Permana Putra; I Nyoman Putu Budiartha; I Ketut Sukadana
Jurnal Konstruksi Hukum Vol. 1 No. 1 (2020): Jurnal Konstruksi Hukum
Publisher : Warmadewa Press

Copyright protection, especially for making music or songs, is a serious problem because there are so many pirated music or songs in Indonesia. Royalties must be given to the person who creates or owns the work because other parties use the work for sale. However, sometimes entrepreneurs who use the work of other people in their business do not make or are negligent in paying royalties which can cause harm to the copyright holder. The purpose of this study is to determine the royalty arrangements for song copyright holders in karaoke companies and to find out legal sanctions against karaoke companies that do not provide royalties to copyright holders. This research is a normative legal research with a statutory approach and a case approach. The type of data used comes from primary legal materials and secondary legal materials then analyzed by deductive-deductive logic. The results of the research show that in Law Number 28 of 2014 concerning Copyright Everyone who without rights and or without the author's permission or copyright holder violates the creator's economic rights as referred to in Article 9 paragraph (1) letter a, letter b, letter e, and / or letter g for Commercial Use, shall be punished with imprisonment of up to 4 (four) years and / or a maximum fine of Rp. 1000,000,000.00 (One Billion Rupiah).

Kedudukan Anak Sebagai Ahli Waris yang Beralih–Alih Agama Menurut Hukum Waris Adat Bali Gede Cahaya Putra Nugraha; I Made Suwitra; I Ketut Sukadana
Jurnal Konstruksi Hukum Vol. 1 No. 1 (2020): Jurnal Konstruksi Hukum
Publisher : Warmadewa Press

The freedom of religion guaranteed by the State can lead to the possibility of a person converting or changing religions from one religion to another. According to Balinese traditional inheritance law, changing religions can affect a child as an heir. Based on this background, this research was conducted with the aims of describing the position of a child as heir who changed religion from Hinduism and outlining the legal consequences for a child as the heir who converted and then returned to Hinduism. The research method used was a normative research method with a statutory approach that used primary, secondary, and tertiary legal materials which were supported by the results of interviews and then analyzed. The results showed that the rank of children as heirs who converted from Hinduism legally no longer had rights and obligations towards their parents, relatives and society. Meanwhile, the legal consequence for children as heirs who change religions is the loss of the child's rights because they are unable to carry all the obligations that will be passed on by their parents and are considered disobedient to their parents and ancestors. However, with the return of the child to Hinduism, all rights and obligations that were previously abandoned can be accepted back with certain conditions agreed upon by the family concerned.

Sanksi Pidana terhadap Pengasuh Tempat Penitipan Anak terhadap Kematian Anak yang Diasuh Gede Made Agus Paramartha; I Ketut Sukadana; I Made Minggu Widyantara
Jurnal Konstruksi Hukum Vol. 1 No. 1 (2020): Jurnal Konstruksi Hukum
Publisher : Warmadewa Press

Children are one of the gifts entrusted by God Almighty to every parent. They have the obligation to supervise and maintain the development of each child. Children should also be cared for properly by their parents, but it is not uncommon for children to be cared for by others through child care services. When a child is under supervision at a child care service, there is negligence by the caregiver which causes the death of the child. Based on this background, this study aimed to describe how the legal protection for children who are left in a child care center and what are the criminal sanctions for the caregivers of child care center toward child deaths. This research was conducted using the normative legal method. The results of this study showed that children who are left in a child care center get legal protection to prevent children from getting acts that threaten the child's psyche. Legal protection is specifically regulated in Law Number 35 of 2014 concerning child protection. In addition, the criminal sanction for caregivers of child care toward the death of a child refers to article 359 of the Criminal Code with the risk of a sentence of 5 years in prison.

Kedudukan Laki-Laki Nyentana pada Wanita yang Memiliki Saudara Laki-Laki di Desa Bantas Kabupaten Tabanan I Gede Pasek Darsana Wiratama; I Ketut Sukadana; Diah Gayatri Sudibya
Jurnal Konstruksi Hukum Vol. 1 No. 1 (2020): Jurnal Konstruksi Hukum
Publisher : Warmadewa Press

Marriage is a very important thing in human life, with the aim of forming a household. In Balinese society, there is a nyentana marriage, in which a family does not have a son. However, along with the development of families in Bali, they married Nyentana even though they had a son for certain reasons. The formulations of the problems in this study are: 1) What is the position of men who are sedentary according to Balinese customary law? 2) How do men inherit rights to women who have brothers? This type of research is empirical law. The approach to the problem used is sociology of law. The data used are primary data obtained from field studies by interviewing informants. Secondary data were obtained from literature study. The result of this research is the position of men who are sedentary according to Balinese customary law as predana, in general, have the same rights and obligations as men in the family. These rights and obligations are like those of a family head in general. The right to inherit male nyentana to women who have brothers is said to be abolished because the male only continues the offspring in the wife's family.

Pengesahan Awig-Awig Desa Adat berdasarkan Peraturan Daerah Nomor 4 Tahun 2019 I Gusti Ayu Mas Mahadewi; I Ketut Sukadana; Luh Putu Suryani
Jurnal Konstruksi Hukum Vol. 1 No. 1 (2020): Jurnal Konstruksi Hukum
Publisher : Warmadewa Press

Awig-awig is a customary village regulation that can be made in running its government. In the application of the Tri Hita Karana Awig-Awig which is made by the customary village krama / traditional banjar, it is used as a new way to carry out the Tri Hita Karana teachings which must be in accordance with the dharma of religion and the village of mawacara in the local traditional village. In the Awig-Awig task, it requires various processes and is not arbitrary. This research aims to study Awig-Awig and how the process is carried out by Awig-Awig based on regional regulation number 4 of 2019. The method used in this research is a normative legal research method that uses a conceptual approach and a case approach. The first stage of this initial awig-awig step starts from revising existing Awig-Awig and moving awig-awig agenda. Then, the next stage is involved in making the Awig-Awig design. After that, the socialization of the awig-awig design. Fourth, the process of completed the Awig-Awig. The last process in the traditional village paruman was legalized and then the awig-awig was announced openly to all the traditional village krama, then the awig-awig that had been written was registered directly by the Prajuru of the Traditional Village to the provincial apparatus in charge of customary village affairs.

Kedudukan Wanita Bali yang Daha Tua (Tidak Menikah) terhadap Hak Warisan di Desa Adat Abianbase Kabupaten Gianyar Anak Agung Galuh Ratna Chyntia Dewi; I Wayan Wesna Astara; I Ketut Sukadana
Jurnal Konstruksi Hukum Vol. 1 No. 1 (2020): Jurnal Konstruksi Hukum
Publisher : Warmadewa Press

Balinese unmarried women still do not get legal protection in the rights of inheritance. This is because the Hindu community in Bali adheres to the Patrilinial family system that only men are entitled to receive inheritance. In the development of the main assembly of Pakraman village, Bali (MUDP) has taken the initiative to grant the rights of inheritance to women with their parents' property. From the fact, then the research problems are formulated as (1) How the position of unmarried Balinese women in the customary village of Abianbase? (2) How to implement the birthright of unmarried Bali women in the customary village of Abianbase. The research method used is empirical-juridical research implemented by researching the reality in Abianbase customary village and the Supreme Pasamuhan Decree of MUDP III. The data types used are the primary data and the secondary data. Finally it was concluded that the position of unmarried women equals the women’s position on the customary law of Bali. The unmarried woman cannot have a birthright except the right to take advantages of their parents’ inheritance as the cost of living with other heirs. The implementation is, in the traditional village Abianbase after the decree of the main assembly of Pakraman village about the results of Pasamuhan Agung III MUDP Bali, there’ a need for a relatively longer time because it concerns the tradition that has been ingrained in society life.

Penggunaan Materai yang Di Scan pada Surat Kuasa di Bawah Tangan dalam suatu Perjanjian Fika Pratiwi; I Ketut Sukadana; I Putu Gede Seputra
Jurnal Konstruksi Hukum Vol. 1 No. 1 (2020): Jurnal Konstruksi Hukum
Publisher : Warmadewa Press

The use of stamp duty is very important for the completeness of a document where the stamp implicitly shows that the document owner has paid stamp duty tax to the state. However, now a document can be sent via various media such as email by scanning a document. Based on this background, this research was conducted with the aim of describing the regulation of a power of attorney under hand and an agreement letter according to the Civil Code and how the validity of the power of attorney under hand with a scanned stamp which then sent via email is. The research method used is normative legal research. The results of this study indicated that the arrangement of power of attorney under hand and an agreement letter according to the Civil Code has been regulated in Article 1792 to Article 1819 of the Civil Code. The power of attorney, of course, is also based on the agreement of the two parties as it has met the requirements according to the Civil Code in Article 1320 concerning the Terms of Legality of the Agreement. In addition, the power of attorney under hand using a scanned stamp sent via email can be said to be legal according to law because there is a stamp duty in a document as stated in Article 1 Paragraph 6-7 of Government Regulation Number 82 of 2012 concerning Information and Electronic Transactions.

Kedudukan Duda Mulih Truna pada Perkawinan Nyentana di Banjar Pujung Kaja Desa Sebatu Ni Luh Made Noviantini; I Ketut Sukadana; Diah Gayatri Sudibya
Jurnal Interpretasi Hukum Vol. 1 No. 1 (2020): Jurnal Interpretasi Hukum
Publisher : Warmadewa Press

Balinese people adhere to the patrilineal family system. In Bali, the position of a man (purusa) is very important. There are several types of marriages in Bali, one of which is a Nyentana marriage. A man who carries out a Nyentana marriage is where a man is married by a woman and the marriage ceremony is held at the women's home. In Nyentana marriage there are many things that affect the occurrence of divorce, one of which is the problem of inheritance. Men who have been married in Nyentana marriage, then return to their original homes, no longer have the right to inherit in their original home because all of their inheritance rights have been lost since they legally carried out Nyentana marriages. Based on the above background, this study was conducted with the aim of outlining how the legal status of a Mulih Truna widower (Widower from Nyentana marriage) in his original home and how the right to inherit a Mulih Truna widower according to awig-awig (customary rules) in Banjar Pujung Kaja Sebatu Village. The method used in this legal research was empirical legal research methods. The results of this study indicateda man who returns to his original home after cessation will be called Mulih Trunawidower where the legal position in his home returns to being like a bujang (young man who has never been married) but does not reside as an heir again in his home. According to awig-awig in Banjar Pujung Kaja Sebatu Village, the right of inheriting a Mulih Trunawidower in his original home has been considered lost, and a Mulih Truna widower has been deemed to have left a kedaton (leaving all rights and obligations) in his home.

Penerapan Sanksi Adat Bagi Pelaku Persetubuhan terhadap Anak Kandung di Desa Tulikup Gianyar Ni Made Ayu Trimayukti; I Nyoman Gede Sugiartha; I Ketut Sukadana
Jurnal Interpretasi Hukum Vol. 1 No. 1 (2020): Jurnal Interpretasi Hukum
Publisher : Warmadewa Press

Sexual intercourse with children is a very cruel crime especially the perpetrators of the crime of sexual intercourse against the child is the biological father of the victim. The Criminal Law Code has regulated the act of sexual intercourse namely Article 284-288. The specific crime of sexual intercourse with children has also been regulated in Law No. 35 of 2014 concerning Child Protection. The people of Bali believe in the existence of a scale and noetic which, if something goes wrong, is believed to disturb the magical balance. In customary law, sexual intercourse with biological children is included in the Gamia Gemana offense and has been regulated in Awig-awig Desa Adat Tulikup Kelod. Based on these problems, this study was made with the aim of uncovering the factors that caused the crime of sexual intercourse against biological daughter in the village of Tulikup Gianyar and how the application of traditional sanctions for perpetrator of intercourse against a biological daughter in the village of Tulikup Gianyar. This research employed empirical research methods by analyzing quantitative data. The results of the study stated that the sexual needs that were not fulfilled by the wife, the low awareness of the perpetrator in the application of religious teachings, and the condition of the house which was always quiet were the causes of intercourse against a biological daughter in the village of Tulikup Gianyar. In addition to being subjected to positive sanctions in the form of imprisonment and fines, the perpetrator of sexual intercourse against biological children in Tulikup Village was also subject to sanctions that have been regulated in Awig-awig Kelik Tulikup Adat Village namely in the form of Sangaskara Danda (sanctions in the form of ceremonies) which must be carried out by the perpetrator and also the victim.

Co-Authors Anak Agung Galuh Ratna Chyntia Dewi Anju Indah Sucita Bayu Kusuma Permana Putra Budiyana, Putu Eka Deli Bunga Saravistha Diah Gayatri Sudibya Fika Pratiwi Gede Cahaya Putra Nugraha Gede Made Agus Paramartha I Gede Pasek Darsana Wiratama I Gusti Agung Paramita I Gusti Ayu Mas Mahadewi I Kadek Sudikma I Ketut Suda I Made Minggu Widyantara I Made Suwitra I Nyoman Gede Sugiartha I Nyoman Putu Budiartha I Putu Agus Arya Dauh I Putu Elvin Mahendra I Putu Gede Budihartawan I Putu Gede Seputra I Wayan Wesna Astara Kadek Dedy Suryana Ni Luh Made Mahendrawati Ni Luh Made Noviantini Ni Luh Putu Ayu Lestari Ni Made Ayu Trimayukti Ni Made Yuli Ratna Dewi Nurmala, Leni Dwi Nurwita Ismail Putu Suryani . Ujianti, Ni Made Puspasutari

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