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<![CDATA[Proses Penyitaan Barang Bukti Dalam Tindak Pidana Narkotika ]]>
<![CDATA[I Kadek Sudikma]]>;
<![CDATA[I Ketut Sukadana]]>;
<![CDATA[I Nyoman Gede Sugiartha]]>
<![CDATA[ Jurnal Preferensi Hukum Vol. 1 No. 1 (2020): Jurnal Preferensi Hukum ]]>
Publisher : <![CDATA[Warmadewa Press ]]>
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DOI: 10.22225/jph.1.1.1983.46-51
<![CDATA[The police force is a government agency that has the authority to conduct foreclosures. Foreclosures that are carried out must meet elements of a criminal offense. One example of confiscation carried out by the Police is confiscation carried out in the case of abuse of Narcotics. The purpose of this study is to describe the regulation of criminal law against narcotics crimes and to determine the authority of investigators in confiscating narcotics evidence and the process of confiscating narcotics evidence. The method used in this study is normative with a legislative approach that is relevant to the problem under study. The source of legal material used is library research or library research. After the legal materials are collected, they are analyzed qualitatively. The results of this study indicate that confiscation of evidence is a stage that is carried out is very determining the existence of a criminal act or not. If the evidence to determine the existence of a crime is very appropriate, then the evidence can be used to support other evidence. The process of confiscating evidence of narcotics crime can be carried out in four types of foreclosure, namely: Ordinary confiscation, Confiscation in a state of emergency, Confiscation of caught hands, Confiscation of Letters or other writings.]]>
<![CDATA[Peran Pranata adat Dalam Pencegahan Konflik Antara Kelompok Masyarakat Adat ]]>
<![CDATA[I Putu Agus Arya Dauh]]>;
<![CDATA[I Ketut Sukadana]]>;
<![CDATA[I Made Minggu Widyantara]]>
<![CDATA[ Jurnal Preferensi Hukum Vol. 1 No. 1 (2020): Jurnal Preferensi Hukum ]]>
Publisher : <![CDATA[Warmadewa Press ]]>
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DOI: 10.22225/jph.1.1.1996.133-138
<![CDATA[Customary order becoming a sociological aspect of institutionalized procedures for handling conflicts is a reality that still exists in Indonesian society. Indonesian people in general still apply the traditional values that have been applied for a long time as role models in social life. Law Number 7 of 2012, has encouraged customary arrangements in the management and solved problems in the community. The issue to be discussed in this paper were the regulation of handling social conflicts in Indonesia according to Law No. 7 of 2012? and the role of traditional institutions in handling social conflicts in Indonesia's heterogeneous society. In this study the authors used a normative legal research method. This study use the socio-legal approach. The results of this study showed that the regulation of handling social conflicts according to Law No. 7 of 2012 Customary Institutions have a role in conflict prevention, conflict management, post-conflict handling between communities. The role of the customary community order in handling a conflict for Indonesian community groups increases or fosters tolerance and mutual respect for freedom in carrying out community activities. With the growth of tolerance, conflict between communities can be avoided]]>
<![CDATA[Sanksi Hukum terhadap Anggota Kepolisian yang Melakukan Pungutan Liar ]]>
<![CDATA[I Putu Gede Budihartawan]]>;
<![CDATA[I Ketut Sukadana]]>;
<![CDATA[I Nyoman Gede Sugiartha]]>
<![CDATA[ Jurnal Preferensi Hukum Vol. 1 No. 1 (2020): Jurnal Preferensi Hukum ]]>
Publisher : <![CDATA[Warmadewa Press ]]>
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DOI: 10.22225/jph.1.1.1999.151-156
<![CDATA[Illegal levies commonly known as extortion are generally carried out by unscrupulous employees from an agency and even by unscrupulous officers, including police officers. The police officers who are tasked with protecting and protecting the public should not commit such illegal payments. This deviation committed by members of the police caused problems and unrest in the community. Based on this background, this research was conducted with the aim of describing how the regulation prohibits illegal levies on members of the Indonesian police force and how the legal sanctions against members of the police who carry out illegal levies. The research method used in this study was the normative method. In this study a statutory and conceptual approach was used. Prohibition of Illegal Levies is regulated in article 6 letter W of Government Regulation No.2 of 2003. Legal sanctions against members of the police who carry illegal levies are subject to the provisions of articles 368, 378, 423 of the Criminal Code. The regulation of prohibitions and sanctions against illegal levies must be emphasized so that irresponsible persons do not cause unrest in the community.]]>
<![CDATA[Penegakan Hukum terhadap Pengendara Motor yang Tidak Menggunakan Helm saat Berpakaian Adat Bali di Wilayah Hukum Polres Tabanan ]]>
<![CDATA[Ni Made Yuli Ratna Dewi]]>;
<![CDATA[I Nyoman Putu Budiartha]]>;
<![CDATA[I Ketut Sukadana]]>
<![CDATA[ Jurnal Preferensi Hukum Vol. 1 No. 1 (2020): Jurnal Preferensi Hukum ]]>
Publisher : <![CDATA[Warmadewa Press ]]>
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DOI: 10.22225/jph.1.1.2167.168-172
<![CDATA[National integrity and development are strongly supported by the role of traffic and road transportation as a step to improve the welfare of the community. For those who ride motorbikes are required to use a helmet as a cycling equipment as stipulated in article 106 paragraph 8 of Law Number 22 Year 2009 concerning Traffic and Road Transportation. But there is a difference when someone who rides a special motorcycle wearing traditional Balinese clothes. The purpose of this research is to analyze the level of compliance of motorcycle riders in using helmets and analyze the obstacles of the police in upholding the law against violations while dressed in Balinese custom. The method used in this study is an empirical legal approach which is done by interacting directly with the object under study with a sociological and legislative approach. The technique used in collecting data is semi-structured interviews. The results of this study indicate that the level of compliance of the Tabanan community in traffic is still low because seen from data from 2016 to 2018 the number of violations tends to increase with the number of violations in 2016 as many as 1394 in 2017 as many as 1186 and in 2018 as many as 2424 violators. Even though in 2017 there has been a reduction in violations, it can still be said that the number of violations not wearing helmets in Tabanan Regency remains high, this reflects that the level of community awareness in Tabanan is still low. 2) The obstacles of the police in law enforcement against violations when dressed in Balinese custom are the lack of public awareness about understanding driving on the road, lack of facilities and infrastructure, lack of traffic police personnel.]]>
<![CDATA[Perjanjian Sewa Menyewa Tanah Adat di Desa Serangan Denpasar Selatan ]]>
<![CDATA[I Putu Elvin Mahendra]]>;
<![CDATA[I Made Suwitra]]>;
<![CDATA[I Ketut Sukadana]]>
<![CDATA[ Jurnal Preferensi Hukum Vol. 1 No. 1 (2020): Jurnal Preferensi Hukum ]]>
Publisher : <![CDATA[Warmadewa Press ]]>
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DOI: 10.22225/jph.1.1.2245.145-150
<![CDATA[The position of the Customary Village as a customary legal alliance, has the authority and obligation to control, regulate and manage all the land belonging to the Customary Village within the Customary Village area as customary rights. In entering into an agreement to lease customary land with another party, Desa Adat has the right to land in terms of granting permits based on agreements made by both parties. Agreements that have been agreed should be accountable so as not to lead to defaults in the future. The method used in this research is the empirical method, by reviewing the statutory procedures that apply in making lease agreements for customary land and using a sociological problem approach to social law relating to legal norms both in legislation and in awig-awig. In PERDA Number 4 of 2019 concerning Customary Villages in Bali regulates the duties and authority of the Customary Villagers in maintaining the economy of the village, so that they are authorized to carry out legal actions (agreements) especially lease agreements for customary land provided they have fulfilled the requirements of the shah. An agreement can be regulated in article 1320 Civil Code. Whereas regarding the application of sanctions for parties who defaulted in the lease agreement on customary land, it was given to those who violated the agreement based on the agreement of the village paruman. Where the sanctions can be resolved based on positive law in Indonesia, namely through the judicial process.]]>
<![CDATA[Perlindungan Hukum terhadap Hak Waris Anak yang Lahir dari Perkawinan Tidak Dicatatkan ]]>
<![CDATA[Ni Luh Putu Ayu Lestari]]>;
<![CDATA[Ni Luh Made Mahendrawati]]>;
<![CDATA[I Ketut Sukadana]]>
<![CDATA[ Jurnal Preferensi Hukum Vol. 2 No. 1 (2021): Jurnal Preferensi Hukum ]]>
Publisher : <![CDATA[Warmadewa Press ]]>
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DOI: 10.22225/jph.2.1.3050.51-55
<![CDATA[The validity of a marriage if carried out according to the laws of religion and their respective beliefs and recorded in accordance with the applicable laws and regulations, so as to obtain a deed as proof of a marriage. However, in many societies that do not register their marriages, the consequences will have an impact on children born; therefore there is a need for legal protection. The formulation of the problem in this study (1) how is the position of children born of marriage not recorded? (2) How is the legal protection of the inheritance rights of children born of marriage not recorded? This study aims to determine (1) the position of children born of marriage not listed, (2) legal protection of inheritance rights of children born to marriages not recorded. The method used is a type of normative legal research with a legal approach and a conceptual approach. Conclusions from the results of the study are the position of children born from unregistered marriages that are legal if they have fulfilled the requirements of their respective religions and beliefs, but the marriage does not have legal force and children born do not receive legal protection regarding their inheritance rights. The extramarital child will inherit if there is authentic evidence in the form of a birth certificate as legitimate written evidence.]]>
<![CDATA[Urgency of Contract Model Settings in the Global Digital Market Related To Tourism Business: A Study on Consumer Protection and Electronic Information and Transactions ]]>
<![CDATA[Deli Bunga Saravistha]]>;
<![CDATA[I Ketut Sukadana]]>;
<![CDATA[Kadek Dedy Suryana]]>
<![CDATA[ Budapest International Research and Critics Institute (BIRCI-Journal): Humanities and Social Sciences Vol 5, No 1 (2022): Budapest International Research and Critics Institute February ]]>
Publisher : <![CDATA[Budapest International Research and Critics University ]]>
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DOI: 10.33258/birci.v5i1.4164
<![CDATA[Globalization has now penetrated various sectors, including the Tourism Business Sector. One of the characteristics is the process of digitization in all fields, which in turn brings about changes in the implementation of the law. This paper will discuss the issue of optimizing consumer protection in the context of the emergence of new contract forms, namely standard digital contracts in the business world and the presence of a new cross-borderless market mechanism, known as the Digital Global Market or Marketplace. This research will formulate two issues related to how to regulate consumer protection policies for users of the global digital market platform services about dispute resolution? Then about how to model digital contract arrangements as an effort to optimize consumer protection? Where the writing uses a normative research method, either through the approach of legislation, cases, comparisons, and comparisons, which are presented descriptively, evaluatively, and presenting arguments that are expected to be able to contribute ideas for legal development in the world of tourism business.]]>
<![CDATA[Hak Waris Anak yang Lahir Dari Perkawinan Beda Agama Menurut Hukum Adat Bali ]]>
<![CDATA[I Ketut Sukadana]]>
<![CDATA[ KERTHA WICAKSANA Vol. 14 No. 2 (2020) ]]>
Publisher : <![CDATA[Fakultas Hukum, Universitas Warmadewa ]]>
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DOI: 10.22225/kw.14.2.2020.124-131
<![CDATA[The life of indigenous peoples in Indonesia with their diverse religions and cultures, does not rule out the possibility of cross-marriages between them, such as many marriages between people of different faiths. Marriage between people of different religions, in the community often causes problems in the family and even leads to divorce. The formulation of the problem in this paper is how is the legal status of interfaith marriages according to Law Number. 1 of 1974 and how the inheritance rights for children born from marriages of different religions according to Balinese customary law. This research is a normative legal research by examining the laws and regulations and using literature studies. The results showed that interfaith marriages in the Marriage Law in Indonesia were not strictly regulated in Marriage Law Number 1 of 1974 concerning Marriage in conjunction with Law Number 16 of 2019 concerning Amendments to the Marriage Law Number 1 of 1974 concerning Marriage. Marriage Law requires couples of different religions if they want to have a marriage, they must submit themselves to the religion of one party. As for the inheritance rights of children born from marriages of different religious partners according to Balinese customary law, if the child follows his father's religion then he will be given the right to inherit. However, if the child follows his mother's religion, he will not get the right to inherit. This is based on that the Balinese traditional inheritance law adheres to the principle of kapurusa (father line) and inheritance not only in the form of rights but also always attaches certain obligations that can only be carried out by heirs of the same religion as the heirs.]]>
<![CDATA[Implications of Storing Original Diplomas on The Security of Employee Documents in A Fixed – Time Work Agreement ]]>
<![CDATA[Budiyana, Putu Eka]]>;
<![CDATA[Sukadana, I Ketut]]>;
<![CDATA[Ujianti, Ni Made Puspasutari]]>
<![CDATA[ Advances In Social Humanities Research Vol. 2 No. 9 (2024): Advances In Social Humanities Research ]]>
Publisher : <![CDATA[Sahabat Publikasi ]]>
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DOI: 10.46799/adv.v2i9.286
<![CDATA[The company maintains original diplomas to prevent employees from leaving their jobs before completing their employment contracts and to build employee loyalty. The formulation of the research problem is, 1. What is the validity of keeping original diplomas by the company for employees in a Specific Time Work Agreement (PKWT)? 2. What are the implications of storing original diplomas for the security of employee documents in a Specific Time Work Agreement (PKWT)? The research method used is the normative legal research method. The research results show that storing original diplomas is said to be legal because the Employment Law does not explicitly regulate the prohibition on storing original diplomas or other documents belonging to employees, but an agreement arises in Article 1320 of the Civil Code in the form of a Specific Time Work Agreement (PKWT). between the company and employees. Storing original diplomas by the company for employees has implications for the security risks of the employee's documents, if the original diploma is lost, damaged or affected by a disaster, there will be no replacement or duplicate for the diploma in question.]]>
<![CDATA[The Position Of Correctional Institutions In Providing Guidance To Prisoners In Indonesia ]]>
<![CDATA[I Ketut Sukadana]]>;
<![CDATA[Leni Dwi Nurmala]]>;
<![CDATA[Nurwita Ismail]]>
<![CDATA[ International Journal of Law and Society Vol. 1 No. 3 (2024): July : International Journal of Law and Society ]]>
Publisher : <![CDATA[Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia ]]>
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DOI: 10.62951/ijls.v1i3.83
<![CDATA[A correctional institution is a place that has the function of providing training for prisoners to carry out what the court has decided for them. The end of the judicial settlement process lies with the Correctional Institution, whether or not the criminal justice objectives are successful can be seen from the results that have been achieved and issued by the correctional institution in the entire criminal justice process. The type of research used is normative research, namely normative legal research or library research. The position of Correctional Institutions (Lapas) is as the final sub-system which directly deals with prisoners to carry out guidance. Tasked with providing community guidance and community services, guidance for correctional clients in accordance with applicable laws and regulations as well as rehabilitation and resocialization of law violators, even to crime prevention. The Role of Correctional Institutions in Indonesia is Linked to the Purpose of Punishment. The existence of correctional institutions in Indonesia carries out three very important roles, namely: carrying out law enforcement, the role of coaching and internal strengthening of correctional institutions. The suggestion that the author puts forward is that the government should provide the facilities and infrastructure needed by correctional institutions to develop correctional inmates with the aim of returning correctional inmates to society so that they can live independently and be useful in society. So that correctional institutions can increase their role and function effectively in providing guidance to inmates.]]>
