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Kajian Hukum Hindu Dan Hukum Humaniter Internasional Tentang Perlindungan Pihak Medis Dalam Konflik Bersenjata Widnyana, I Made Adi
Jurnal Penelitian Agama Hindu Vol 7 No 4 (2023)
Publisher : Jayapangus Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37329/jpah.v7i4.2546

Abstract

The protection of medical personnel in armed conflict is often neglected. All countries in the world must pay attention to this by establishing international humanitarian law. Protection policies for medical personnel in war should reflect the values of past religious teachings, one of which is in the Hindu books Arthasastra and Bharatayuda, some of which reflect humanitarian missions. The purpose of this research is to demonstrate the concept of protection for medical personnel in situations of armed conflict in international humanitarian law policy and to analyze the virtues in the Book of Arthasasta and the Bharatayuda war epic. The method uses normative research with a legal and historical regulatory approach which is analyzed descriptively. The research results show that the role of medical personnel in armed conflict situations is very important, guided by international charters. In the Hindu Law Book Arthasasta states that the protection of medical personnel in conflict situations is the responsibility of the king or policy maker to provide a safe place, so that they can carry out their duties well. In the Bharatayuda epic, it is also told that Nakula and Sahadeva were protected by enemy troops to provide treatment to the injured Karna. The values contained in the teachings of Hinduism are one of the philosophies of protection for medical personnel in the current situation of armed conflict. These values are then championed in international humanitarian law policies regarding the importance of protecting the weak and those who carry out humanitarian missions.
THE EFFECTIVENESS OF LAW NUMBER 32 OF 2009 CONCERNING ENVIRONMENTAL PROTECTION AND MANAGEMENT IN ADDRESSING WASTE IN BALI I Nyoman Alit Putrawan; I Made Adi Widnyana
Samā Jiva Jnānam (International Journal of Social Studies) Vol. 1 No. 1 (2023): Volume 1 No. 1 2023
Publisher : Fakultas Dharma Duta UHN IGB Sugriwa Denpasar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25078/ijoss.v1i1.2942

Abstract

The growing number of residents and tourists in Bali has created new problems in the field of environmental hygiene in the form of uncontrolled waste. Therefore, the government needs to apply Law number 32 of 2009 in dealing with these problems. The purpose of this study is to analyze the effectiveness of Law number 32 of 2009 in dealing with waste problems in Bali. The method used in this study is to use qualitative methods. The results of this study indicate that the implementation of the waste handling activity plan in the AMDAL that has been made is not in accordance with the planned activity plan causing the waste management and handling to be not carried out properly and also the community's right to an unhealthy environment due to the impact of the smell of waste handling at the TPA in Bali, namely submitting objections or complaints to related parties. However, the objections raised have not been taken seriously by the management and the existence of more than one management agency means that complaints cannot be handled properly
TINJAUAN HUKUM PUTUSAN MAHKAMAH KONSTITUSI NOMOR 90/PUU-XXI/2023 DALAM MENJAMIN PERLINDUNGAN HAK KONSTITUSIONAL MASYARAKAT Yoga Siwananda; Widnyana, I Made Adi; Sugita, I Made
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.v19i2.3891

Abstract

Elections are an important tool in realizing democracy and popular sovereignty. However. This triggered a lawsuit to the Constitutional Court (MK) to test the constitutionality of norms that were considered contrary to the 1945 Constitution of the Republic of Indonesia. Decision Number 90/PUU-XXI/2023 which regulates the age limit of presidential and vice presidential candidates After the Constitutional Court's decision, Article 169 letter q of the Election Law was amended by adding the phrase "or has / is currently holding an office elected through general elections including regional head elections". This decision has drawn pros and cons because it is considered to open up opportunities for young politicians to advance in the electoral contestation, but on the other hand it is feared that it will result in a lack of experience and capability in leading the nation. The purpose of this study is to examine and analyze the legal review of the Constitutional Court's decision Number 90/PUU-XXI/2023 in the perspective of comparison with other legal provisions and to find out and analyze the legal implications arising from the Constitutional Court's decision Number 90/PUU-XXI/2023 in guaranteeing people's constitutional rights. This research uses normative research methods with a doctrinal juridical approach. Research data is obtained through literature studies, namely primary and secondary legal materials relevant to the research topic. This research uses judicial theory, legal state theory, and democracy theory as the basis for analyzing the Constitutional Court's decision and its implications for people's constitutional rights. The results of this study show that this decision is in accordance with the constitution and legal principles applicable in Indonesia. Strengthening the people's political rights to elect and be elected to run for president and vice president. Thus, upholding the principles of equality and justice in the democratic process. Other countries have provided opportunities for every citizen under the age of 40 to participate in running for president and vice president as regulated in the laws of each country. The implications of the Constitutional Court's decision number 90/PUU-XXI/2023 give hope to young people or regional heads who are under the age of 40 to participate in the contestation of the election of the president and vice president of the Republic of Indonesia.
ASPEK LEGALITAS CAGAR BUDAYA PURA DALEM SOLO DI DESA SEDANG KECAMATAN ABIANSEMAL Wijayanti, Eva; I Made Adi Widnyana; I Made Suta
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.v20i1.4884

Abstract

Dalem Solo Temple Located in Medium Village, Abiansemal District, is generally used as a place of worship for Hindus, has a lot of history and has the potential to become an excellence. However, if it is not managed creatively and innovatively, this will be a threat to the Cultural Heritage. Management efforts through the preservation of Cultural Heritage must be carried out carefully based on basic concepts in the form of master plans and detailed implementation documents to anticipate deviations when implementing future strategies. Dalem Solo Temple is a Cultural Heritage under the guidance of the Bali Archaeological Preservation Center. Based on this description, the problem will be studied through  Objectives, including: To Know and Analyze the Legality Aspects in Preserving the Cultural Heritage of Dalem Solo Temple in Sedang Village.  The research was studied using empirical legal research methods that used legal theory, namely legal protection theory and supervision theory. The results of the study show that community participation in the village is included in the free category, meaning that seen from the degree of volunteerism, the way of involvement in various stages of the development process involves themselves directly without being represented in community activities. The legality of the Cultural Heritage of Dalem Solo Temple is under the guidance of the Bali Archaeological Heritage Preservation Center.1) Dalem Solo Temple which is based on the Decree of the Head of the Bali Archaeological Heritage Preservation Center in the Working Area of the Province of Bali, NTB and NTT Number: HK.501/06/UPT/DKP/2007 concerning the Determination of Cultural Heritage Objects. 2) Letter of Determination of Cultural Heritage Objects, Number: HK.501/07/UPT/DKP/2007 Decree of the Badung Regency Cultural Office.
Policy on Prohibition of Advertising Traditional Health Services Conducted by Traditional Healers in Bali Widnyana, I Made Adi; Winia, I Nyoman
Samā Jiva Jnānam (International Journal of Social Studies) Vol. 2 No. 2 (2024): Vol. 2 No. 2 2024
Publisher : Fakultas Dharma Duta UHN IGB Sugriwa Denpasar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25078/ijoss.v2i2.4380

Abstract

The existence of misleading and false advertisements for traditional health services from unqualified and incompetent sources has led the central and regional governments in Bali to issue a policy banning the advertisement of traditional health services by healers or practitioners of traditional medicine who are considered to lack professional competence. In its implementation, this policy still finds many traditional healers advertising in the field, so a study needs to be conducted to provide a good understanding for traditional healers and the community to avoid misleading traditional health advertisements. This research uses a normative method, with a case and legislative approach to examine the nature of the policy banning advertising for traditional healers and the impacts it has on traditional healers and the community as users of the traditional health advertising ban policy implemented in central and regional legal products. Overall, the policy banning the advertising of traditional health services by traditional healers in Bali aims to protect public health and safety, improve the quality of traditional health services, and maintain a balance between traditional and modern medicine in Bali. By limiting excessive promotion, the government hopes to encourage safe, responsible, and integrated traditional medicine practices within the modern healthcare system. This will provide greater benefits to the Balinese community in obtaining comprehensive and quality healthcare services. The impact of the advertising ban on Traditional Healers generally reduces the number of services provided to the community, while for the service-using community, this ban has a positive effect by providing information and education about traditional health services from expert and competent sources.
KONSEPSI SANKSI ADAT DALAM KASUS PELECEHAN SEKSUAL OLEH OKNUM PEMUKA AGAMA ( STUDI KASUS DI DESA TAMPAKSIRING KABUPATEN GIANYAR ) Ni Putu Anggie Astriani; Widnyana, I Made Adi Widnyana; Sugita, I Made
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.v20i2.4885

Abstract

The occurrence of sexual harassment by a religious figure was addressed in a decision by the Denpasar District Court, Decision Number 266/Pid.B/2021/PN Dps,, concerning this case. In the decision, it was stated that an individual named IWM (initials used by the writer) was legally and convincingly proven to have committed an act of obscene behavior with violence as defined in Article 289 of the Indonesian Criminal Code (KUHP). Therefore, stricter enforcement by the traditional village through the implementation of more stringent customary sansctions is necessary. Based on this explanation, the aim of this research are: 1. To analyze the urgency of the need for the concept of customary sanctions for cases of sexual harassment by religious figures in Tampaksiring Village, Tampaksiring District, Gianyar Regency. 2. To analyze the form of the concept of customary sansctions for cases of sexual harassment by religious figures in Tampaksiring Village, Gianyar Regency. This study utilizes empirical legal research, employing the theory of law known as the theory of receptie. The findings of the study indicate the form of customary sansctions is regulated in the awig-awig (customary law) Saptamas Sargah Wicara Lan Pamidanda Palet 2 Indik Pamidanda Pawos 75. The sanctions applied for sexual harassment include Penyangaskara punishment which entails conducting religious ceremonies, requiring the offering of banten pecaruan to restore magical balance. In addition to Penyangaskara sanctions, it is also conceptualized that customary sanctions include menyaksama or mapilaku (asking for forgiveness) in front of the village's paruman (traditional village council). As an effort by the traditional village to tackle sexual harassment, one measure is to tighten the reporting of visitors if they come to a sacred place.