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PENEGAKAN HUKUM BAGI PELAKU TINDAK PIDANA PENCABULAN TERHADAP ANAK (Studi Kasus Kepolisian Daerah Bali) Ni Ketut Sri Ratmini; I Made Adi Widnyana; I Gusti Ayu Agung Shaskara Bhakti Paramesty; Dewi bunga; Dewa Putu Tagel
VYAVAHARA DUTA Vol 19 No 1 (2024): 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.v19i1.3549

Abstract

Children are part of the younger generation who are the successors of the ideals of the nation's struggle as well as human resources for the development of the country in the future. Laws are made with the aim of regulating and maintaining order, justice so that chaos in society can be controlled or prevented. The purpose of this study was carried out to determine the form of sanctions given to perpetrators of Criminal Acts of Obscenity against and the efforts of the Bali Regional Police in Law Enforcement for Perpetrators of Criminal Acts of Sexual Abuse against children. This research refers to several relevant literature and concepts as a reference source. The theory used to analyze the problem formulation is: Soerjono Soekanto's Law Enforcement Concept. The research methods used in this study are empirical research types, descriptive research properties, qualitative data forms, primary and secondary data sources, data collection using interview methods, literature studies, determination of research informants using non-probality sampling techniques, research instruments using mobile phones and recording. The data analysis used is descriptive qualitative. The results of the research obtained are as follows: 1) The forms of sanctions for perpetrators of child molestation crimes are as follows: principal and additional crimes, fines and cover-up crimes. 2) the Bali Regional Police has 2 Law Enforcement efforts for Perpetrators of Child Abuse Crimes, among others, preventive and repressive efforts
Kebijakan Hukum Adat Pararem Pangele Dalam Melindungi Masyarakat Desa Adat Sega Karangasem dari Bahaya Rabies I Made Adi Widnyana; Ida Bagus Sudarma Putra; Ni Ketut Kantriani; I Made Sudana Putra; Yoga Siwananda
KERTHA WICAKSANA Vol. 18 No. 1 (2024)
Publisher : Fakultas Hukum, Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/kw.18.1.2024.30-36

Abstract

Penyebaran virus rabies di Bali dalam tiga tahun terakhir cukup mengkhawatirkan, hal ini ditunjukkan dengan tingginya angka kasus rabies di Bali yang terindikasi disebabkan oleh penularan dari hewan peliharaan selaku vector, seperti anjing. Kehidupan masyarakat Bali yang membebasliarkan anjing sebagai hewan peliharaan memang turut menjadi faktor pendukung dari cepatnya penyebaran virus rabies, untuk itu perlu diterapkan kebijakan hukum yang mampu mengendalikan dan menangani bahaya rabies di Bali. Keberadaan hukum yang ada saat ini dirasakan belum cukup efektif untuk menekan angka penyebaran rabies di Bali, sehingga diperlukan langkah konkrit dalam percepatan penanganan terhadap masyarakat di Bali dalam sebuah produk hukum adat yang memang sangat dihormati dan ditaati oleh masyarakat di Bali yang sebagian besar hidup dalam kesatuan masyarakat adatnya. Tujuan penelitian ini adalah untuk melihat kebijakan pengaturan penanganan bahaya rabies dalam produk hukum adat di Desa Adat Sega, Kabupaten Karangasem, serta untuk menganalisis makna pengaturan penanganan bahaya rabies dalam bentuk produk hukum adat di Desa Adat Sega. Hasil penelitian menunjukkan bahwa pengaturan penanganan rabies di Desa Adat Sega dirumuskan dalam hukum adat berbentuk pararem pangele yang secara tegas mewajibkan masyarakat adat untuk mengkandangkan dan melaporkan hewan peliharaan kepada aparat desa adat. Adanya pararem pangele ini memiliki makna sebagai langkah pencegahan, pengendalian, dan perlindungan yang diberikan kepada masyarakat melalui kekuatan kesatuan masyarakat adat. Hal ini sejalan dengan kebijakan nasional dan kebijakan daerah yang turut berupaya dalam menurunkan angka bahaya rabies melalui peningkatan peran serta masyarakat.
Kebijakan Pemerintah Daerah Bali dalam Mewujudkan Penyelenggaraan Pelayanan Kesehatan Tradisional Integrasi Widnyana, I Made Adi; Kantriani, Ni Ketut; Siwananda, Yoga
KERTHA WICAKSANA Vol. 18 No. 2 (2024)
Publisher : Fakultas Hukum, Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/kw.18.2.2024.40-45

Abstract

Progress and changing ages have an impact on changes in various areas of life, one of which is health. A variety of cutting-edge discoveries related to medical methods and medicines led to advances in both conventional and traditional health care. This development has led to various policies made by countries including Indonesia. Indonesia sheds health-related policy as a constitutional right of the people as set forth in the rules of enforcement. The guarantee of good health care gives the public the right to use the kind of medical or traditional health care. There are three types of traditional health care within the rules of enforcement: empirical, complementary, and integrated. This paper highlights the integration of traditional health services which, based on the authority of the Indonesian Government Regulations, mandate local governments to make regional policies that are in line with national policies. This writing uses normative methods with a legislative and conceptual approach. The results showed that the policy of the regional government of Bali in the maintenance of traditional health services integration implemented by issuing the regulation of the governor of Bali No. 55 Year 2019 on the traditional health service of Bali which provides guarantees on the implementation of health services traditional integration of bali as a collaboration carried out between the traditional complementary health services with conventional health services in health services facilities such as Puskesmas and hospitals. Progress and changes of the era have an impact on related types of traditional health services the integration given in its organization is established on the basis of the Decision of the Governor of Bali of the results of the analysis of the study team which is further established by the respective heads of the health service facilities.
Membangun Keluarga Sukinah melalui Edukasi Kesehatan Reproduksi Keluarga di Desa Nyuhtebel Kabupaten Karangasem Widnyana, I Made Adi; Kartika, Luh Gede Surya; Dewi PF, Kadek Aria Prima; Arini, Ni Wayan
Sevanam: Jurnal Pengabdian Masyarakat Vol 2 No 1 (2023): Maret
Publisher : Universitas Hindu Negeri I Gusti Bagus Sugriwa Denpasar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25078/sevanam.v2i1.2248

Abstract

The sukinah family is indicated by good family health. An understanding of the reproductive health of all family members, especially adolescents and children, is one of the important things in creating a happy and prosperous family. This was the background for reproductive health counseling activities in Nyuhtebel Village, Manggis District, Karangasem Regency. The participants of this activity were the representatives of each father in Nyuhtebel Village. It was hoped that the mothers participating in the activity would be able to provide early understanding to children about the dangers of free sex and the importance of maintaining reproductive health. The activity took place on July 18, 2022, at the Nyuhtebel Village Office with dr. I Made Purnama Adimerta, SpOG.subsp FER as the Informan. The result of this activity was that participants understand the impact of early sexual intercourse by children and adolescents and how to maintain the reproductive health of all family members, especially women.
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.