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All Journal Jurnal Ilmu Hukum The Juris Jurnal Ilmiah Raad Kertha Belom Bahadat : Jurnal Hukum Agama Hindu Aktual Justice Jurnal Hukum Saraswati Jurnal Preferensi Hukum (JPH) Journal Indonesia Law and Policy Review (JILPR) Journal of Digital Law and Policy Vyavahara Duta Jurnal Greenation Sosial dan Politik UNBI Mengabdi
Yuliana Kemalasari, Ni Putu
Universitas Bali Internasional
Religion Humanities Economics, Econometrics & Finance Environmental Science Health Professions Law, Crime, Criminology & Criminal Justice Medicine & Pharmacology Nursing Public Health Social Sciences

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KAJIAN YURIDIS PENGANGKATAN ANAK BEDA KASTA BERDASARKAN PEERATURAN PEMERINTAH NOMOR 54 TAHUN 2007 TENTANG PELAKSANAAN PENGANGKATAN ANAK yuliana kemalasari, ni putu
VYAVAHARA DUTA Vol 19 No 2 (2024)
Publisher : Jurusan Hukum Fakultas Dharma Duta Universitas Hindu Negeri I Gusti Bagus Sugriwa Denpasar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25078/vyavaharaduta.v19i2.3693

Abstract

Having children is deemed a fundamental objective of marital unions in Hinduism, as delineated within the sacred scriptures, in which the birth of a “Suputra" child is believed will lead parents and ancestors to nirvana. However, not all married couples are fortunate enough to have biological children. There are certain issues that result in married couples being unable to have children biologically. Therefore, in Hinduism, the process of adopting a child who is then considered a biological child and successor of the family lineage is justified. This process is known as "peperasan" or "maperas". Furthermore, Balinese customs persist in upholding a caste system, known as "Wangsa", which ascribes societal stratification and often compartmentalizes the populace within the customary framework of Bali. This caste difference is often a conservative issue in society, including in the adoption of a child. Therefore, it becomes one of the customary legal issues that needs a juridical inquiry and refers to the provisions of Government Regulation Number 54 of 2007 concerning the Implementation of Child Adoption. Under the provisions of the Law, children are recognized as a weak and vulnerable group requiring protection and entitled to love and a complete family even without their biological parents. Based on these issues, this research discusses the Juridical Study of Adoption of Children of Different Castes Based on Government Regulation Number 54 of 2007 concerning the Implementation of Child Adoption. And to analyze the issue, a normative juridical legal research method is used with a statutory approach. Keywords: Child Adoption, Different Castes, Child Protection Law
Impact of Changes in the Nomenclature of Rural Credit Banks on the Law on the Development and Strengthening of the Financial Sector Kemalasari, Ni Putu Yuliana; Sara, Rineke
Jurnal Greenation Sosial dan Politik Vol. 3 No. 2 (2025): Jurnal Greenation Sosial dan Politik (Mei - Juli 2025)
Publisher : Greenation Publisher & Yayasan Global Resarch National

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jgsp.v3i2.377

Abstract

The change in the nomenclature of Rural Credit Banks (BPR) to Rural Financing Banks in Law Number 4 of 2023 concerning the Development and Strengthening of the Financial Sector (UU P2SK) reflects a fundamental transformation in the direction of national financial sector policy. This change is not only symbolic but has a significant impact on the legal, institutional, and operational aspects of BPR. This study uses a normative legal method with a statutory and conceptual approach to analyze the legal implications, implementation challenges, and the need for new adaptive regulations. The analysis results show that the new nomenclature expands the role of BPRs in productive financing, opens up opportunities for integration with financial technology, and demands regulatory harmonization and strengthening the role of the OJK as a supervisory authority. The transformation is expected to enhance BPR's competitiveness in encouraging financial inclusion and people-based economic development.
KAJIAN FEMISIDA DALAM PERSPEKTIF GENDER SEBAGAI DAMPAK DARI BUDAYA PATRIARKI yuliana kemalasari, ni putu
VYAVAHARA DUTA Vol 20 No 1 (2025)
Publisher : Jurusan Hukum Fakultas Dharma Duta Universitas Hindu Negeri I Gusti Bagus Sugriwa Denpasar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25078/vyavaharaduta.v20i1.4745

Abstract

A crime committed by making women as objects or victims, is often associated with patriarchal culture. This form of crime is known as femicide or feminicide. Femicide can be interpreted as an act of intentional murder of women because they are women. This phenomenon is an important study material considering that the patriarchal culture in society is considered as one of the things that triggers the emergence of femicide. This study will focus on the crime of femicide associated with a gender perspective which is studied from a patriarchal cultural perspective. To answer this problem, this study uses a normative juridical method that will focus on primary legal sources, namely library materials that will provide answers to how patriarchal culture influences femicide from a gender perspective. With this research, it is hoped that it can provide input on how patriarchal culture can have a major impact on social life in society to the point of giving birth to gender-based understandings and actions including femicide.
KEPASTIAN HUKUM PENYELESAIAN SENGKETA MEDIS YANG BERKEADILAN I Putu Harry Suandana Putra; Ni Putu Yuliana Kemalasari
The Juris Vol. 6 No. 2 (2022): JURNAL ILMU HUKUM : THE JURIS
Publisher : Lembaga Penelitian dan Pengabdian kepada Masyarakat STIH Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56301/juris.v6i2.664

Abstract

Article 14 of Law Number 29 of 2004 concerning Medical Practice states that the Indonesian Medical Discipline Honorary Council (MKDKI) is the body authorized to determine whether doctors and dentists have made mistakes in the application of medical and dental disciplines and to impose sanctions. This provision indicates that any medical dispute appears to be resolved through the Indonesian Medical Discipline Honorary Committee. However, the current medical dispute settlement through MKDKI is not in accordance with the principle of impartiality, as seen from the process of resolving medical disputes which takes a long time and may not necessarily be executed, including whether the applicant/patient won the case in the Indonesian Medical Discipline Honorary Council (MKDKI) session. What is the legal certainty of equitable medical dispute resolution? And how to realize a just MKDKI decision? The research method is carried out in a normative juridical manner. The results of the study show that justice can be obtained through civil lawsuits, either unlawful acts or defaults on the implementation of therapeutic agreements between patients and doctors in district courts. Legal certainty will be realized if medical dispute resolution arrangements are formed. Meanwhile, the applicant/patient in resolving medical disputes using the MKDKI mechanism, in this case between the patient and the doctor, has not received justice because the MKDKI decision does not contain an unlawful act clause, but rather the application of medical science to patients.
Digitalisasi Ekonomi Pedesaan: Meningkatkan Kemandirian Perempuan Berbasis Gender: EMPOWERING WOMEN IN RURAL ECONOMIC DEVELOPMENT IN THE DIGITAL ERA Kemalasari, Ni Putu Yuliana; Putra, I Putu Harry Suandana; Santhi, Ni Nyoman Putri Purnama
UNBI Mengabdi Vol. 6 No. 1 (2025): UNBI Mengabdi Januari
Publisher : Universitas Bali Internasional

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.34063/um.v6i1.404

Abstract

Era ekonomi digital memberikan pengaruh besar dalam kehidupan masyarakat terutama dalam bidang ekonomi. Program pengabdian kepada masyarakat ini bertujuan untuk menganalisis dampak ekonomi digital terhadap pemberdayaan perempuan di Desa Petang, khususnya dalam konteks kesetaraan gender. Program ini dilaksanakan dengan memberikan sosialisasi kepada ibu-ibu PKK di Desa Petang mengenai pentingnya memanfaatkan teknologi digital untuk kemandirian ekonomi. Selain itu, program ini juga mengedukasi peserta tentang kesetaraan gender, dengan menekankan bahwa perempuan memiliki hak yang sama untuk berperan dalam perekonomian. Hasil dari program ini menunjukkan adanya peningkatan pemahaman peserta mengenai kesetaraan gender, meskipun masih terdapat tantangan budaya dalam mengatasi diskriminasi terhadap perempuan. Program ini diharapkan dapat mendukung terciptanya kesetaraan dalam peluang ekonomi bagi perempuan, terutama dalam mengatasi stigma sosial dan ketergantungan ekonomi terhadap suami.dan stigma tentang kedudukan perempuan dalam lingkungan keluarga dan masyarakat.   The digital economy era has a major influence on people's lives, especially in the economic field. This community service program aims to analyze the impact of the digital economy on women's empowerment in Petang Village, especially in the context of gender equality. This program is carried out by providing socialization to PKK women in Petang Village about the importance of utilizing digital technology for economic independence. In addition, this program also educates participants about gender equality, emphasizing that women have the same rights to play a role in the economy. The results of this program showed an increase in participants' understanding of gender equality, although there are still cultural challenges in overcoming discrimination against women. This program is expected to support the creation of equality in economic opportunities for women, especially in overcoming social stigma and economic dependence on husbands, and stigma about women's position in the family and community.
PINJAMAN ONLINE DAN KEKERASAN PENAGIHAN URGENSI REFORMASI HUKUM DALAM PERSPEKTIF HAK ASASI MANUSIA yuliana kemalasari, ni putu; Hoesein, Zainal Arifin
VYAVAHARA DUTA Vol 20 No 2 (2025): Vyavahara Duta
Publisher : Jurusan Hukum Fakultas Dharma Duta Universitas Hindu Negeri I Gusti Bagus Sugriwa Denpasar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25078/vyavaharaduta.v20i2.5205

Abstract

Online Loans (Pinjol) are one form of financial technology development that was born to provide easy access to financing for the community. However, behind that, the growth of Pinjol is not accompanied by the growth of an adequate legal system. So that it has an impact on practices that lead to violations of the law such as violence, intimidation and even have an impact on human rights violations. This study was conducted to examine the urgency of legal reform regarding collection regulations on online loans that have an impact on human rights violations. This study uses a normative legal research method with a legislative approach. Based on the results of the study, it was concluded that the current regulations relating to collection in online loans, namely PJKO No. 10 / PJOK.05 / 2022 concerning Information Technology-Based Joint Funding Services, have not been fully able to provide legal protection for consumers from acts of violence in terms of collection, especially in terms of sanctions and law enforcement. Therefore, legal reform is needed based on the principles of justice, proportionality, and respect for human rights. The reform must include the establishment of more specific legal instruments, strengthening supervisory institutions, and providing harmonization between legal instruments and human rights.  
Konstruksi Hukum Delik Adat Pencurian Benda Sakral dalam Kerangka Sistem Hukum Pidana Indonesia Subawa, I Wayan Gede; Kemalasari, Ni Putu Yuliana
Belom Bahadat Vol 15 No 2 (2025): Jurnal Belom Bahadat Hukum Agama Hindu
Publisher : Institut Agama Hindu Negeri Tampung Penyang Palangka Raya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33363/bb.v15i2.1771

Abstract

This research departs from the fact that the theft of sacred objects (pratima) in Bali is not merely a violation of general criminal law as regulated in Article 362 of the Indonesian Penal Code (KUHP), but also constitutes an adat (customary) offense that disrupts the spiritual and social balance of Balinese customary communities. Although customary law has been recognized through Article 18B paragraph (2) of the 1945 Constitution of the Republic of Indonesia and Article 2 of the new Penal Code (Law No. 1 of 2023), its application in judicial practice still faces challenges in integrating customary values into the national criminal justice system. The purpose of this study is to construct a legal understanding of the adat offense of sacred object theft within the framework of Indonesia’s criminal law and to analyze the extent to which customary law can be accommodated in the national legal system. The research employs a normative legal method with statutory, conceptual, and case approaches, utilizing secondary data sources such as legislation, court decisions, and academic literature. The results indicate that the existence of customary law as a living law holds a crucial role in realizing substantive justice within a pluralistic society. In the context of sacred object theft, such as pratima, the act is not merely a property crime but also a violation of the community’s spiritual balance, triggering customary reactions to restore social and cosmological harmony. Therefore, the national criminal justice system needs to accommodate customary law values in its enforcement process so that the resulting justice is not only formal but also substantive and contextually aligned with local wisdom. The integration of customary and national law is expected to create a more inclusive, socially just, and culturally rooted judicial system.
HILANGNYA BAGIAN TUBUH PASIENYANG MENGAKIBATKAN KECACATAN PERMANEN AKIBAT KELALAIANMEDIS DALAM ASPEK PERTANGGUNGJAWABAN HUKUM Ni Putu Yuliana Kemalasari; I Putu Harry Suandana Putra
Jurnal Ilmiah Raad Kertha Vol. 6 No. 2 (2023): Jurnal Ilmiah Raad Kertha
Publisher : Universitas Mahendradatta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47532/6eckkn27

Abstract

The loss of a patient's body part due to the negligence of medical personnel has an impact on intentional disability, thus requiring legal certainty for patients which can be obtained by holding legal responsibility both criminally and civilly to the medical staff due to their negligence. The importance of legal responsibility is to provide legal certainty to patients as victims of negligence by medical personnel resulting in permanent disability. To answer this problem, the legal research method used is normative juridical legal research using a statute approach by examining all laws and regulations related to the legal issues raised. Legal liability due to negligence of medical staff which causes permanent disability in patients can refer to the provisions of Article 1371 paragraph (1) of the Indonesian Civil Code and/or Article 46 of Law no. 44 of 2009 concerning Hospitals in conjunction with Article 190 paragraph (2) of Law no. 36 of 2009 concerning Health. Permanent disability of a patient resulting from the loss of a patient's limbs due to the negligence of public medical personnel is called malpractice. Malpractice is intentional or unintentional error or negligence by medical personnel which causes harm to the health or safety of the patient as a victim. It can be concluded that legal liability which is going to be imposed on medical personnel due to their negligence can be held accountable both criminally and civilly
URGENSI PENGAKUAN PERLINDUNGAN HUKUM KEPADA KORBAN NON DEBITUR DALAM PENAGIHAN PINJAMAN ONLINE Kemalasari, Ni Putu Yuliana
Jurnal Aktual Justice Vol 10 No 2 (2025): Aktual Justice
Publisher : Magister Hukum Pascasarjana Univeristas Ngurah Rai

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70358/aktualjustice.v10i2.1684

Abstract

The massive development of online loans in society not only makes it easier for people to get loans, but also raises new legal problems. Theproblem is related to the billing process which is sometimes carried out unethically. Unethical online loan billing is not only directed at the debtordirectly but also against third parties (non-debtors) who have no relationship at all with online loan transactions. Non-debtor victims are generally family members, co-workers, or people whose contacts are randomly stored in the debtor's phone contactswhose personal data is accessed and misused without consent. This article examines the urgency of recognizing legal protection for non-debtorvictims who experience violence in unethical online loan collection. The main problem to be studied is how there is no recognition of the legalstatus of non-debtor victims in online loan collection regulations, and how effective legal protection efforts are to provide legal protection to non-debtor victims. The research method used is a normative juridical method using a legislative approach. The results of the study show that the current regulationshave not given a position to non-debutur victims as legal subjects who must be protected in online loan collection. Therefore, a legalreformulation is needed to provide explicit recognition of non-debtor victims as part of human rights to obtain legal protection for various actsthat are contrary to human rights. Keywords: Non-Debtor Victims; Online Loans; Debt Collection; Legal Protection; Personal Data.
Co-Authors I Nengah Pasek Suryawan I Putu Harry Suandana Putra I Wayan Gede Subawa Irwan Irwan Ni Nyoman Putri Purnama Santhi Putra, I Gusti Made Maha Putra, Putu Harry Suandana Sara, Rineke Suandana Putra, I Putu Harry Subawa, I Wayan Gede Zainal Arifin Hoesein