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All Journal PADJADJARAN Jurnal Ilmu Hukum (Journal of Law) JURNAL KERTHA WICAKSANA Budapest International Research and Critics Institute-Journal (BIRCI-Journal): Humanities and Social Sciences Jurnal Preferensi Hukum (JPH) Journal of Law, Poliitic and Humanities Indonesian Journal of Law and Justice Jurnal Hukum dan Pembangunan
I MADE MINGGU WIDYANTARA, I MADE MINGGU
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Religion Arts Humanities Economics, Econometrics & Finance Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences

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KESENGAJAAN DAN KEALPAAN (SUATU TINJAUAN DARI SUDUT PERBANDINGAN HUKUM PIDANA INDONESIA DENGAN HUKUM PIDANA ASING) WIDYANTARA, I MADE MINGGU
JURNAL KERTHA WICAKSANA Vol 21, No 1 (2017): MAJALAH ILMU HUKUM KERTHA WICAKSANA
Publisher : FAKULTAS HUKUM UNIVERSITAS WARMADEWA

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ABSTRAK Hukum pidana positif Indonesia masih menganut pengertian tindak pidana dari Strafbaar Feit WvS Belanda. Konsekuensi dianutnya pengertian tindak pidana yang demikian menjadikan bentuk pertanggungjawaban pidana berupa kesengajaan dan kealpaan menjadi unsur langsung dari tindak pidana. Hal ini berbeda dengan KUHP negara asing yang memisahkan unsur-unsur tindak pidana, dengan unsur- unsur pertanggungjawaban pidana. Di dalam Hukum Pidana Positif Indonesia, tidak ada satu ketentuanpun yang merumuskan pengertian yang merumuskan pengertian kesengajaan dan kealpaan. Perumusan kedua hal tersebut baru ditentukan pada Rancangan KUHP di dalam Bab 2 Buku I. Kata Kunci: Kesengajaan, Kealpaan, Perbandingan Hukum Pidana ABTRACT Positive criminal law of Indonesia still adheres to notion of criminal acts of Strafbaar Feit WvS of Netherlands. As the consequences of the adherence of such criminal acts understanding has made the criminal responsibility in the form of intention and omission as a direct element of a crime. This is in contrast to the Criminal Code of foreign countries that separates elements of criminal acts with the elements of criminal accountability. In Positive Criminal Law of Indonesia, no provision defines intention and omission. The formulation of these two matters is only governed in the draft Penal Code in Chapter 2 of Book I. Key words: Intention, Omission, Criminal Law Comparison
Model Pendaftaran Hak Atas Tanah Pauman Sebagai Pemberian Raja untuk Pelestarian Warisan Nilai Budaya di Kabupaten Karangasem Suwitra, I Made; Sukandia, I Nyoman; Widyantara, I Made Minggu; Nandiri, Ni Putu Sawitri
PADJADJARAN Jurnal Ilmu Hukum (Journal of Law) Vol 4, No 2 (2017): PADJADJARAN Jurnal Ilmu Hukum (Journal of Law)
Publisher : Faculty of Law, Padjadjaran University

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Tanah merupakan salah satu bagian terpenting bagi masyarakat. Keterikatan masyarakat dengan tanah yang dipijak semakin kentara bagi suatu masyarakat adat. Tidak jarang kepemilikan atas tanah adat pun berpotensi menimbulkan konflik, sebagaimana yang akan dibahas dalam artikel ini. Tanah Pauman merupakan objek pembahasan tulisan ini dan secara spesifik akan dibahas bagaimana model pendaftaran hak atas tanah dalam perspektif Hukum Agraria Nasional dan implikasi pendaftaran tersebut. Dari hasil penelitian ditemukan bahwa konversi tanah pauman dengan menggunakan ’Pura Pauman’ sebagai subjek hak merupakan model pendaftaran menurut Undang-Undang Nomor 5 Tahun 1960 tentang Peraturan Dasar Pokok-Pokok Agraria yang mampu melestarikan ’pemilikan komunal pauman’ serta aspek kepastian hukum, perlindungan, kemanfaatan sekaligus sebagai upaya pelestarian warisan nilai budaya. The Model of Registration on The Right of Pauman Land as King’s Rewards to Preserve The Cultural Heritage in Karangasem District AbstractLand is among the most important aspect of a community. It is even more evident in the tight-knit relationship between indigenous people and their land. Unfortunately, there are often conflicts regarding ownership of indigenous land as will be discussed in this article. This article will be discussing the issues regarding Pauman Land, specifically how is the model of land registration under the Basic Agrarian Law perspective and the implications that will follow. The result of the research shows that the conversion of Pauman Land by using ‘Pauman temple’ as a subject of right is the registration model pursuant to Basic Agrarian Law which is able to preserve ‘pauman communal ownership’ as well as legal certainty aspect, protection, expediency as the effort of heritage cultural value at once. Keywords: legal certainty, cultural value, heritage cultural preservation, land registration, Pauman land. DOI: https://doi.org/10.22304/pjih.v4n2.a10
MODEL PENGUASAAN TANAH PAUMAN DI KABUPATEN KARANGASEM Suwitra, I Made; Widyantara, I Made Minggu; Sujana, I Nyoman
Jurnal Hukum & Pembangunan
Publisher : UI Scholars Hub

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In the period of kingdom, Pauman land was collectively owned by the community called pauman. After the independence and at the time Land Law had been imposed, even in some villages the land had been proposed to be owned individually and some of the land had been sold, so the problem discussed were; what model was applied for the pauman land ownership and how the management was done when the Land Law had been imposed. The model of the research was a research of normative law with legislation, concept, analytic, and case approach. The sources of the regulation which were used in this research were primary law sources, secondary law sources, and tertiary law sources which were collected by interview (affirmation), note taking and document. And then it was done interpretation technique. The result of the research showed that there was still collective ownership for pauman land in which the members of the owners were permanent and some were dynamic depended upon the development of the genealogical main owners. Meanwhile, in some villages the ownership tended to be secularly individualization through having the legality of the law in context of Land Law so that some pauman lands dismissed, infect the pauman land was the basic of the managing commitment and there was no more unity of community as the result of authority and ownership transference through trading them to other people. That’s why serious efforts are needed to preserve the pauman lands.
Green Tourism Village Tourism Model Based on Bali Cultural Environment Law Sugiartha, I Nyoman Gede; Widyantara, I Made Minggu; Suryani, Luh Putu
Budapest International Research and Critics Institute-Journal (BIRCI-Journal) Vol 4, No 4 (2021): Budapest International Research and Critics Institute November
Publisher : Budapest International Research and Critics University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33258/birci.v4i4.3393

Abstract

The concept of green tourism is a debate in its implementation. This concept puts forward the sustainability of an event based on Balinese cultural environmental law in supporting sustainable development. This is in line with the Roadmap for Leading Research Center for Research and Community Service (P3M) of Warmadewa University, namely the Environment with the topic of Ecotourism research based on environmental law. The concept of a tourism village is a form of community-based tourism that aims to improve the welfare of the people in the area. Miles and Huberman's model was used as data analysis. A SWOT analysis was also carried out to determine the potential of a tourist village in terms of three pillars, namely the concept of green, law, and culture. Currently, most of the tourist villages in Bali Province have not succeeded in developing properly. One of the problems is that people are confused about applying environmental law and their culture in conducting events. The research aimed to develop a model of green tourism village tourism based on Balinese cultural environmental law to improve environmental law compliance, at the event. This also helps increase the trust of guests in tourist villages because they are legally protected by the products purchased and ultimately have an impact on guests to buy event services, as well as improving people's living standards. This research is to produce a tourism village green tourism model based on Balinese cultural environmental law so that it can increase green reputation as a strategy in increasing tourism village income which leads to the welfare of the surrounding community sustainably. While the additional purpose of the results of this study is to be able to provide recommendations for the Bali provincial government and related parties regarding green tourism in tourist villages.
Problematika Kejurusitaan dalam Menangani Perkara Pada Kantor Pengadilan Agama Kabupaten Bangli Antara, I Wayan Eka; Dewi, Anak Agung Sagung Laksmi; Widyantara, I Made Minggu
Jurnal Preferensi Hukum Vol. 5 No. 2 (2024): Jurnal Preferensi Hukum
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/jph.5.2.8078.177-182

Abstract

The legal system in Indonesia is based on colonial, ethnic and religious law. This regulation forms the basis for all court decisions, including general courts, state administrative courts, and religious courts. As for the problems: 1) How is the process for implementing jurors based on article 103 of the Republic of Indonesia Law Number 7 of 1989 concerning Religious Courts at the Bangli Regency Religious Court office? 2) What are the inhibiting factors for adversity in handling cases at the Bangli Regency Religious Court office? The purpose of this study is to understand the implementation of jursita based on article 103 of Law No. 7 of 1989 concerning the Religious Courts at the Bangli District Religious Court and to understand the supporting and inhibiting factors of slump at the Bangli Religious Courts, to then find a solution. This study uses empirical methods. Empirical method used by the writer based by the data obtained by the writer from those people whom directly connected with the case matters written on the subject of this study. The bailiff must comply with the direction of the Chief Justice and submit announcements, reprimands, and court decisions in accordance with statutory provisions. If the parties do not provide accurate information, bailiffs may experience difficulties in carrying out their duties. However, they can still be informed about subpoenas by the local village head.
Sanksi Pidana Penyimpangan Seksual Sesama Jenis Terhadap Anak Sebagai Korban Arimbawa, Kadek Pageh; Sugiartha, I Nyoman Gede; Widyantara, I Made Minggu
Jurnal Preferensi Hukum Vol. 5 No. 2 (2024): Jurnal Preferensi Hukum
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/jph.5.2.8083.203-209

Abstract

Same-sex sexual deviance prohibited by Article 292 of the Criminal Code is only allowed if the victim is an adult and the perpetrator is a child. In relation to the issue of LGBT sexual deviance, the author views this as an odd norm. With this background, the author can formulate two problems: what are the criminal sanctions against same-sex deviant acts committed against children as victims? and how are legal arrangements for such acts made? This research method is normative legal research. Both a statutory approach and a conceptual analysis approach are used in this research. This tactic is also called the legal approach. The study findings revealed that Indonesia passed a law regulating same-sex crimes with minors as victims in 1946. Law of the Republic of Indonesia No. 2014 No. 35 on Modification. Law 23 of 2002 mostly regulates child protection. Criminal sanctions for same-sex sexual deviance refer to some of the severe penalties that can be threatened or imposed on people who commit or assist in committing crimes listed in Article 292 of Law No. Criminal law.
The Phenomenon of Political Dynasties in Regional Head Elections and Their Impact on Democracy in Indonesia Pratiwi , Ni Putu Ika Armitha; Widyantara, I Made Minggu
Indonesian Journal of Law and Justice Vol. 2 No. 3 (2025): March
Publisher : Indonesian Journal Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47134/ijlj.v2i3.3764

Abstract

The aim of this research is to study how dynastic politics affects democratic principles, including fair competition, community participation, and accountability of regional heads to the people. This research uses a qualitative descriptive approach, utilizing secondary qualitative data which is explained descriptively to answer research questions. The results of this research state that dynastic political practices in Indonesia damage the integrity of democracy and regional government by concentrating power in one family, ignoring the qualifications of other candidates, and hindering healthy political competition.
Consumer Protection Against The Rampant Circulation of Cosmetics Without Bpom Permission In The Practice of Buying and Selling In E-Commerce Januartha, I Putu Gede Bisma; Widyantara, I Made Minggu
Journal of Law, Politic and Humanities Vol. 4 No. 4 (2024): (JLPH) Journal of Law, Politic and Humanities (May-June 2024)
Publisher : Dinasti Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jlph.v4i4.408

Abstract

The aim of this research is to determine the legal protection sought for consumers purchasing cosmetics against the widespread distribution of cosmetics without BPOM permission in e-commerce. The method used in this research is a normative legal research method with a statutory regulatory approach. The research results show that consumers who experience losses due to purchasing fake beauty products have legal protection as regulated in Law no. 8 of 1999 concerning Consumer Protection (UUPK). Regarding legal protection for consumers who experience losses due to the use of cosmetics, producers are obliged to provide compensation (restitution) to consumers in accordance with the provisions in Article 19 paragraphs (1) and (2) UUPK. Regarding the role of the Food and Drug Supervisory Agency (BPOM) in monitoring illegal cosmetics, BPOM has carried out supervision through an online site, namely cyber patrol. Apart from that, to ensure the authenticity of cosmetic products, you can check them online using an application or by scanning a barcode. This process involves checking the product name, dosage form, registrant name, and registration number.
Co-Authors Anak Agung Sagung Laksmi Dewi Antara, I Wayan Eka Arimbawa, Kadek Pageh I Made Suwitra, I Made I Nyoman Sujana I Nyoman Sukandia Januartha, I Putu Gede Bisma Nandiri, Ni Putu Sawitri Pratiwi , Ni Putu Ika Armitha Putu Suryani . Sugiartha, I Nyoman Gede