Muhamad Jodi Setianto
Unknown Affiliation

Published : 40 Documents Claim Missing Document
Claim Missing Document
Check
Articles

Found 40 Documents
Search

TINJAUAN YURIDIS TERHADAP PUTUSAN NOMOR 131/Pdt.G/2023/PN Sgr TERKAIT PERKARA PERCERAIAN BERDASARKAN UNDANG-UNDANG NO 16 TAHUN 2019 TENTANG PERKAWINAN Dani Ilham; Ni Ketut Sari Adnyani; Muhamad Jodi Setianto
Jurnal Ilmu Hukum Sui Generis Vol 3 No 4 (2023): Oktober, Jurnal Ilmu Hukum Sui Generis
Publisher : Universitas Pendidikan Ganesha

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23887/jih.v3i4.2775

Abstract

This research aims to (1) find out and analyze DECISION NUMBER 131/Pdt.G/2023/PN Sgr Regarding Divorce Cases in Buleleng Regency; and (2) Review and analyze the Judge's Considerations in Divorce Cases in Decision Number 131/Pdt.G/2023/PN Sgr. In this research, the type of research used is empirical legal research using descriptive research characteristics. The data and data sources used are primary data and secondary data consisting of primary legal materials, secondary legal materials and tertiary legal materials. The data collection techniques used are document study techniques, observation techniques and interview techniques. The sampling technique used was non-probability sampling technique and the subject determination used purposive sampling technique. Next, the data obtained is processed and analyzed qualitatively. The research results show that (1) Marriage breakdown is caused by divorce, where divorce can occur due to several factors, especially infidelity. (2) The judge's consideration in giving a divorce decision considering that the defendant was proven to have had an extramarital affair and violence against the plaintiff which caused disharmony in the household, the judge granted the plaintiff's lawsuit.
TINJAUAN YURIDIS MENGENAI KEABSAHAN PERJANJIAN DIBAWAH TANGAN DITINJAU DARI PASAL 1875 KITAB UNDANG-UNDANG HUKUM PERDATA (Studi Putusan Pengadilan Negeri Singaraja Nomor Perkara 462/Pdt.G/2015/PN.Sgr) Ni Kadek Erlina Dinda Putri; Si Ngurah Ardhya; Muhamad Jodi Setianto
Jurnal Ilmu Hukum Sui Generis Vol 3 No 4 (2023): Oktober, Jurnal Ilmu Hukum Sui Generis
Publisher : Universitas Pendidikan Ganesha

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23887/jih.v3i4.2776

Abstract

This research aims to determine 1) the legal validity of private agreements in cases of default in debt and receivable agreements and 2) the factors that cause default in cases 462/pdt.g/2015/pn.sgr. The type of research that will be used in this writing is normative juridical research. The data source obtained in this research is a secondary data source consisting of primary and secondary legal materials. The research results obtained are 1) the legal validity of private agreements in decision 462/Pdt.G/2015/PN. Sgr, that is, the private agreement is legally valid, where in this case it refers to Article 1875 of the Civil Code, a private writing which is recognized as true by the person who is confronted with it, where in this case the private agreement made is acknowledged by the Plaintiff with evidence in the form of photocopy of the agreement letter under hand made by both parties which has been sufficiently stamped and in accordance with the original and evidence of the facts of the trial from witnesses on behalf of Ketut Suweken and Ketut Sri Diarni who confirmed the agreement, as well as the defendant who did not deny or provide a rebuttal to the plaintiff's claim. proven by the defendant never appearing before the trial. 2) The judge's consideration in Decision 462/Pdt.G/2015/PN.Sgr is that it has explained the reasons for granting the plaintiff's lawsuit in part with verstek which was caused by the defendant's absence from court so that the defendant did not convey his objection to the lawsuit submitted by the plaintiff. As a result of this, it is stated that the defendant legally owes the plaintiff a debt and punishes the plaintiff to pay the debt to the plaintiff with debt compensation of 0.8 percent of the amount of money borrowed and if the defendant is negligent then the activity of selling the collateral will be carried out in public.
PERLINDUNGAN HUKUM DALAM JUAL BELI TANAH DI BAWAH TANGAN BERDASARKAN UNDANG-UNDANG NOMOR 5 TAHUN 1960 TENTANG PERATURAN DASAR POKOK-POKOK AGRARIA K. Hendra Mahesa; Muhamad Jodi Setianto; Komang Febrinayanti Dantes
Jurnal Ilmu Hukum Sui Generis Vol 3 No 4 (2023): Oktober, Jurnal Ilmu Hukum Sui Generis
Publisher : Universitas Pendidikan Ganesha

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23887/jih.v3i4.2777

Abstract

The purpose of this research is to recognize and assess the legal safeguards available to purchasers engaged in clandestine transactions of land rights. Additionally, it aims to scrutinize the legal ramifications that buyers face when participating in such under-the-table transactions under the framework of Law No. 5 of 1960 concerning Fundamental Agrarian Regulations. This study employs a normative juridical research approach, which seeks to establish legal truths based on normative aspects, primarily due to normative gaps. The research methodology is characterized as analytical-descriptive, designed to provide an overview of how regulations are implemented based on the currently applicable legal provisions. The process of collecting legal materials utilizes a legal materials inventory. The findings of this research indicate that legal protection for purchasers involved in clandestine land rights transactions persists in both a preventative and repressive manner. Preventative legal safeguards are grounded in the stipulations outlined in Article 1491 of the Civil Code, while repressive legal safeguards manifest as law enforcement measures encompassing a range of sanctions, including fines, compensatory measures, imprisonment, additional penalties, and other methods. The legal consequences stemming from these transactions include the inability of buyers to register the transfer of land rights or initiate the name-change process on certificates at the Local Land Office. Additionally, buyers lack substantial evidentiary support in the event of disputes or other legal issues arising regarding the land they have purchased. Furthermore, buyers are unable to independently secure certificates as collateral to obtain credit, as this process necessitates the involvement of the land seller in question.
IMPLEMENTASI PASAL 14 AYAT 3 PERATURAN GUBERNUR BALI NOMOR 1 TAHUN 2020 TENTANG TATA KELOLA MINUMAN FERMENTASI DAN/ATAU DETILASI KHAS BALI TERKAIT PEREDARAN ARAK BALI TANPA LABEL DI KABUPATEN BULELENG Gede Nova Wwahyudi; Si Ngurah Ardhya; Muhamad Jodi Setianto
Jurnal Ilmu Hukum Sui Generis Vol 3 No 4 (2023): Oktober, Jurnal Ilmu Hukum Sui Generis
Publisher : Universitas Pendidikan Ganesha

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23887/jih.v3i4.2779

Abstract

The purpose of this research is to find out and analyze related to 1) the implementation of Article 14 Paragraph 3 of the Bali Governor's Regulation Number 1 of 2020 concerning the Management of Balinese Fermented and/or Distilled Drinks related to the Distribution of Balinese Arak Without Labels in Buleleng Regency and 2) find out what the consequences are. law against business actors who do not include labels on their product packaging. The type of research used is empirical legal research with descriptive research characteristics. The location of this research was carried out in Buleleng Regency. The data collection techniques used were document study, observation and interviews. The sampling technique used was the Non Probability Sampling technique and the subject determination used the Purposive Sampling technique. Qualitative data processing and analysis techniques. The research results show that 1) The provisions of Article 14 Paragraph 3 of Bali Gubernatorial Regulation No. 1 of 2020 have not been implemented properly. This is reflected in the fact that there are still business actors who do not include labels in accordance with the applicable provisions on their product packaging. The ineffectiveness of these regulations lies in the less than optimal role of the government in terms of outreach to the community and the lack of public legal awareness regarding the existence of Bali Gubernatorial Regulation No. 1 of 2020. 2) Furthermore, the legal consequences for violations of labeling on product packaging can be in the form of administrative sanctions as regulated in Article 61 Republic of Indonesia Government Regulation Number 69 of 1999 concerning Food Labels and Advertisements as well as Article 62 and Article 63 of the UUPK. The administrative sanctions can take the form of confiscation of certain goods, announcement of a judge's decision, payment of compensation, order to stop certain activities that cause consumer losses, obligation to withdraw goods from circulation and revocation of business permits.
IMPLEMENTASI PASAL 41 UNDANG-UNDANG PERKAWINAN TENTANG PEMENUHAN HAK-HAK ANAK PASCA PERCERAIAN BERDASARKAN PERSPEKTIF HUKUM ISLAM (STUDI KASUS PENGADILAN AGAMA SINGARAJA) Deni Rosadi; Ketut Sudiatmaka; Muhamad Jodi Setianto
Jurnal Ilmu Hukum Sui Generis Vol 3 No 4 (2023): Oktober, Jurnal Ilmu Hukum Sui Generis
Publisher : Universitas Pendidikan Ganesha

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23887/jih.v3i4.2788

Abstract

This research aims to find out and analyze the implementation of Article 41 of the Marriage Law concerning the Fulfillment of Children's Rights After Divorce Based on an Islamic Law Perspective in Buleleng Regency. The type of research used in this research is empirical juridical. This research is descriptive qualitative in nature. The location of this research is the Singaraja Religious Court. The type of research used is empirical legal research and this research is descriptive. The data collection techniques used are observation techniques, interview techniques and document study techniques. The research sampling technique used was purposive sumpling. The results of the research show that the factors causing divorce are child marriage factors which are caused by economic factors and communication and mental health. Fulfillment of children's rights as a result of parental divorce in the jurisdiction of the Singaraja Religious Court has not yet gone completely well. This is because most ex-husbands, after officially divorcing, no longer carry out their obligations as fathers who have the responsibility to provide support for their children. Apart from that, most married couples in the jurisdiction of the Singaraja Religious Court divorce because there are economic problems in their families. In giving a decision regarding the provision of children's rights after divorce, the Singaraja Religious Court Judge was in accordance with Article 41 of the Marriage Law concerning the Fulfillment of Post-Divorce Rights.
HUKUM INTERNASIONAL SEBAGAI SALAH SATU JENIS HUKUM YANG PENTING ADANYA DALAM SUATU SISTEM HUKUM Made Krishna Dwipayana Aryawan; Komang Febrinayanti Dantes; Si Ngurah Ardhya; Muhamad Jodi Setianto
Ganesha Law Review Vol. 4 No. 2 (2022): November
Publisher : Program Studi Ilmu Hukum, Jurusan Hukum dan Kewarganegaraan, Fakultas Hukum dan Ilmu Sosial, Universitas Pendidikan Ganesha

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23887/glr.v4i2.1422

Abstract

This study aimed to determine: (1) The definition of international law, (2) The history of international law, (3) The role of international law in resolving conflicts between countries. The data processing and analysis techniques in this article used a qualitative method with a literature review design. The results of the study indicated that International Law is one type of law that is important in its existence in a legal system. Therefore, we as students majoring in law, need to know the basics of this international law such as knowing the meaning, history and sources of law. In addition, international law is also useful for every country in the world, especially for countries that are experiencing conflict. This international law can be used to solve these problems so that peace between countries can be created.
DINAMIKA HUKUM INTERNATIONAL SEBAGAI SUBSTANSI ETIKA ANTAR NEGARA DI DUNIA Sang Made Merta Widnyana; Komang Febrinayanti Dantes; Si Ngurah Ardhya; Muhamad Jodi Setianto
Ganesha Law Review Vol. 4 No. 2 (2022): November
Publisher : Program Studi Ilmu Hukum, Jurusan Hukum dan Kewarganegaraan, Fakultas Hukum dan Ilmu Sosial, Universitas Pendidikan Ganesha

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23887/glr.v4i2.1423

Abstract

The purpose of this paper is to provide an understanding of International Law that is reviewed in general through research and study by experts and characteristics related to International Law with a view on the behavior and relations between countries regarding the application of International Law In the past and in times like the present that have undergone several processes of globalization that cause changes in the times and changes in the behavior of every society in the country related to aspects of International Law.Based on the results of the discussion that can be concluded that all kinds of actions and behaviors of objects and subjects in International Law is a discussion that becomes a real point in International Law ranging from Relations between States, International Organizations, Individuals, or even Companies struggling in the multinational field are things discussed and reviewed in International Law.
PANDANGAN HUKUM HUMANITER INTERNASIONAL TERHADAP KONFLIK PERSETERUAN BERSENJATA ISRAEL-PALESTINA Zelda Farah Ardiata; Komang Febrinayanti Dantes; Si Ngurah Ardhya; Muhamad Jodi Setianto
Ganesha Law Review Vol. 4 No. 2 (2022): November
Publisher : Program Studi Ilmu Hukum, Jurusan Hukum dan Kewarganegaraan, Fakultas Hukum dan Ilmu Sosial, Universitas Pendidikan Ganesha

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23887/glr.v4i2.1424

Abstract

The purpose of this paper is to provide an understanding of International Law that is reviewed in general through research and study by experts and characteristics related to International Law with a view on the behavior and relations between countries regarding the application of International Law In the past and in times like the present that have undergone several processes of globalization that cause changes in the times and changes in the behavior of every society in the country related to aspects of International Law.Based on the results of the discussion that can be concluded that all kinds of actions and behaviors of objects and subjects in International Law is a discussion that becomes a real point in International Law ranging from Relations between States, International Organizations, Individuals, or even Companies struggling in the multinational field are things discussed and reviewed in International Law.
TINDAK PIDANA PERDAGANGAN ORANG (HUMAN TRAFFICKING) SEBAGAI TRANSNATIONAL CRIME Kadek Novi Darmayanti; Komang Febrinayanti Dantes; Si Ngurah Ardhya; Muhamad Jodi Setianto
Ganesha Law Review Vol. 4 No. 2 (2022): November
Publisher : Program Studi Ilmu Hukum, Jurusan Hukum dan Kewarganegaraan, Fakultas Hukum dan Ilmu Sosial, Universitas Pendidikan Ganesha

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23887/glr.v4i2.1425

Abstract

Human trafficking is one of the transnational crimes that is a threat to global security which is one type of transnational crime coupled with illicit drug trafficking, maritime piracy, arms smuggling, money laundering, terrorism, international banking crimes and cybercrimes. The forms of trafficking in persons are divided based on the purpose of delivery, based on the victim, and based on the form of exploitation. Because of the massiveness of this crime, the United Nations formulated a protocol called the Palermo Protocol. In Indonesia, there are also special regulations regarding the criminal act of trafficking in persons, namely Law Number 21 of 2007. Although there are already laws and regulations that regulate this crime, in fact it is still not able to provide a sense of justice as well as security and comfort for victims of the crime of trafficking in persons. Other legal protections are still needed for victims of this crime.
IMPLEMENTASI RESTORATIVE JUSTICE BERDASARKAN DISKRESI KEPOLISIAN TERHADAP TINDAK PIDANA KECELAKAAN LALU LINTAS DI POLRES KARANGASEM I Komang Seri Pande Wahyu; Ni Putu Rai Yuliartini; Muhamad Jodi Setianto
Jurnal Media Komunikasi Pendidikan Pancasila dan Kewarganegaraan Vol. 4 No. 1 (2022): April, Jurnal Media Komunikasi Pendidikan Pancasila dan Kewarganegaraan
Publisher : Program Studi PPKn Jurusan Hukum dan Kewarganegaraan Undiksha Singaraja

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

This study aims to find out (1) the implementation and constraints as well as the supporting factors for holding restorative justice for traffic accident criminals in the jurisdiction of the Karangasem Police, (2) the discretionary process for traffic accidents at the Karangasem Police based on Law Number 22 of 2009 concerning Road Traffic and Transportation. This type of research uses empirical juridical methods. The sampling technique used was purposive sampling. The techniques used in this research are document study techniques, interview techniques and observation techniques. The data collected were analyzed descriptively qualitatively. The results of the study show (1) the application of retorative justice is an effort to divert from the criminal justice process out of the formal process to be resolved through deliberation and the obstacles faced in implementing restorative justice are that all Polsek in Karangasem Regency do not all have accidents, so if there is an accident managed directly by the Karangasem Police, the supporting factors for holding a retorative justice are that both parties involved, both the victim and the suspect, want to hold a retorative justice, (2) based on an interview from Mr. Gusti Lanang Putu as Head of Traffic at the Karangasem Police, stated that the discretionary process for criminal acts The traffic accident at the Karangasem Police Station was the first for both parties to make a letter of peace, the two parties wanted peace through the penal mediation route.