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<![CDATA[Perkawinan Campuran , Pencatatan Keabsahan Pencatatan Perkawinan diluar Indonesia Berdasarkan Peraturan Perundang-Undangan ]]>
<![CDATA[Sheanny Scolastika]]>;
<![CDATA[Gavrilla Theodora]]>;
<![CDATA[Olga Nadina]]>;
<![CDATA[Tsamara Probo Ningrum]]>
<![CDATA[ KERTHA WICAKSANA Vol. 14 No. 2 (2020) ]]>
Publisher : <![CDATA[Fakultas Hukum, Universitas Warmadewa ]]>
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DOI: 10.22225/kw.14.2.2020.139-146
<![CDATA[International marriage is a marriage with a foreign element in it. Mixed marriage as set out in article 57 of Law No. 1 of 1974 on Marriage states that mixed marriage is a marriage between two persons in Indonesia subject to different laws, due to differences in citizenship and one of the foreign nationals and one of the Indonesian nationals. Regulations on the registration of marriage outside Indonesia under the Population Administration Law and the registration of marriage outside Indonesia under the marriage law use the term “registration” whereas the provisions of the Population Administration Act use the term “registry” so that further discussion of the distinction should be made. In addition to the timeframe there is also a difference, in the marriage law provides a 1 (one) year deadline, while in the Public Administration Act gives the registration deadline of only 1 (one) month. Based on this background the problem can be drawn first, in the event of a marriage outside Indonesia, which rule of law will apply. Second, is there a difference in meaning between "registration" and "registry". The results of this study indicate that there is a conflict of norms regarding the timing of marriage registrations and marriage registrations outside Indonesia, substantially administrative. Recording is a form of publishing and publishing a state-issued document for legal protection. Thus, unless otherwise noted, the marriage is considered to have never occurred by the state.]]>
<![CDATA[Kebijakan Kriminal Dalam Menghadapi Perkembangan Kejahatan Cyber Adultery ]]>
<![CDATA[Gde Made Swardhana]]>
<![CDATA[ KERTHA WICAKSANA Vol. 14 No. 2 (2020) ]]>
Publisher : <![CDATA[Fakultas Hukum, Universitas Warmadewa ]]>
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DOI: 10.22225/kw.14.2.2020.87-95
<![CDATA[One problem that is very troubling and gets the attention of various groups is the problem of cyber crime in the field of decency. The types of cyber crime in the field of decency that are being disclosed are cyber pornography (especially child pornography) and cyber sex, one of the studies of Cyber Adultery. The problems in this article are: (1). Can cyber adultery be encompassed with criminal provisions regarding adultery offenses? (2). What is the criminal policy in dealing with the development of cyber adultery crime in the future? In searching for this paper, normative legal research methods are used, namely discussing the issue of norms that are still vague in the sense that the provisions of the Criminal Code only indicate the existence of adultery in real terms. But what about the behavior carried out through cyber or cyberspace. Deception offense is offense related to (problem) decency. However, it is not easy to determine the limits or scope of moral offense because the definition and limits of morality are quite broad and can vary according to the views and values prevailing in society. Especially because the law itself is essentially minimal moral values, so basically every offense or criminal offense is a moral offense. In juridical manner, the offense of decency according to the Criminal Code currently in force consists of two groups of criminal acts, namely moral offenses. Provisions of positive criminal law related to criminal offenses in the field of decency including cyber adultery, among others are contained in: (a) Criminal Code; (b) Law No. 36 of 1999 concerning Telecommunications; (c) Press Law (Law No. 40/1999); (d) Broadcasting Law (No. 32/2002); and (e) Film Law (No. 8/1992). From these various laws, the provisions of criminal law can be related or related to moral issues. Although adultery, sex, porn is done in cyberspace (cyberspace).]]>
<![CDATA[Legalitas Pemerintah Daerah Dalam Memberikan Bantuan Dana Kepada Perguruan Tinggi di Indonesia ]]>
<![CDATA[Komang Satria Wibawa Putra]]>
<![CDATA[ KERTHA WICAKSANA Vol. 14 No. 2 (2020) ]]>
Publisher : <![CDATA[Fakultas Hukum, Universitas Warmadewa ]]>
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DOI: 10.22225/kw.14.2.2020.103-109
<![CDATA[The existence of tertiary institutions spread throughout Indonesia requires the role of local governments in providing financial assistance. Article 83 paragraph (2) of the Higher Education Law provides that regional governments can provide support for Higher Education funds allocated in the Regional Revenue and Expenditure Budget. The norm in the article results in multiple interpretations related to when and how local governments provide financial assistance. So the formulation of the problem used is 1) How is the legality of the local government in funding tertiary institutions in Indonesia? 2) What is the role of local government in providing financial support to universities in Indonesia? The research method used in this study is the normative legal research method. The results showed that seeing the position of tertiary institutions within the local government environment as Regional Assets, Strategic Partners and the Center of Excellent, created very favorable situations and conditions for local governments to synergize with tertiary institutions. In addition, the meaning of the word can be in Article 83 paragraph (2) of the Higher Education Act is interpreted as a situation of local governments that are able, able or able to provide financial assistance to universities. If the regional government feels unable, able or able, then the allocation of funds to the tertiary institution may not be carried out. Then the ability can be played by the government as a regulator, dynamic and facilitator.]]>
<![CDATA[Tanggungjawab Pemerintah Dalam Pengelolaan Lingkungan Hidup Berbasis Partisipasi Masyarakat untuk Pembangunan Daerah Bali ]]>
<![CDATA[I Nyoman Gede Sugiartha]]>;
<![CDATA[Ida Ayu Putu Widiati]]>
<![CDATA[ KERTHA WICAKSANA Vol. 14 No. 2 (2020) ]]>
Publisher : <![CDATA[Fakultas Hukum, Universitas Warmadewa ]]>
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DOI: 10.22225/kw.14.2.2020.96-102
<![CDATA[A good and healthy environment is a human right for every Indonesian citizen as mandated in Article 28H of the 1945 Constitution of Indonesia. Unwise management of the environment contributes to the deterioration in the quality of the environment because it is necessary to increase environmental protection and management. Environmental protection and sustainable management is the responsibility of the government and the community. The responsibility of the government in carrying out environmental protection and management is a function of public services, to ensure that all residents have a good and healthy environment. Then the government can be held accountable, whether administratively, civil or criminal, when the government fails to carry out its obligations that are not in accordance with the aspirations of the community. This study is qualified as a normative legal research by applying several types of approaches, namely, the legislative approach, conceptual approach, philosophical approach, historical approach, comparative approach, case approach including cultural approaches based on the wisdom of the local community.The results showed that the protection and management of the environment is an effort to assume responsibility is very difficult so that it results in a decrease in the quality of the environment is increasingly apparent. Likewise in the event of environmental pollution and damage, the perpetrators can be held responsible both in civil law and criminal law. However, participatory environmental enforcement by integrating values that develop in the community in protecting and preserving the environment is an ideal form of protecting and prudent environmental management to realize sustainable regional development.]]>
<![CDATA[Peranan Pramuwisata Dan Pemerintah Dalam Mencegah Pelecehan Kepariwisataan Budaya Bali ]]>
<![CDATA[A. A. Istri Eka Krisna Yanti]]>
<![CDATA[ KERTHA WICAKSANA Vol. 14 No. 2 (2020) ]]>
Publisher : <![CDATA[Fakultas Hukum, Universitas Warmadewa ]]>
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DOI: 10.22225/kw.14.2.2020.77-86
<![CDATA[Bali is one of the most popular tourist destinations in the world. The tourism model that is developed in Bali is Bali Cultural Tourism which is based on the philosophy of Tri Hita Karana which is the source of the teachings of Hinduism. The rise of the phenomenon of illegal guides who are not certified in explaining the uniqueness of Bali's Cultural Tourism, has implications for the harassment of Balinese culture into the background of the writing of this study. This study focuses on examining the role of guides and government in preventing harassment of the Bali Cultural Tourism. In this research, there are two problem formulations studied; what are the competency certification procedures of guides in the Province of Bali and how is the supervision of the Government Guide in the Province of Bali. The research method used in this study is a normative research method with a focus on studying the legislation and literature relevant to the research topic. Based on the provisions of Article 15 of the Bali Province Regulation Number 5 Year 2016 Regarding Tour Guides, it is known that the authority of guide supervision is owned by the Governor of Bali Province which is carried out by the department. However, the provisions of Article 15 (5) of Regional Regulation of the Province of Bali Number 5 of 2016 concerning Guides mentioned that the Governor of the Province of Bali formed a team of guides to carry out supervision of guides. Furthermore, Bali Provincial Regulation Number 5 Year 2016 About Guides does not explain further the work mechanism of the supervisory team, therefore the government needs to form more stringent regulations relating to the supervision of guides to maintain the image of Bali's Cultural Tourism and provide legal protection to Certified tour guide in Bali Province.]]>
<![CDATA[Kebijakan Hukum Terhadap Tindak Pidana Child Grooming ]]>
<![CDATA[Dessy Lina Oktaviani Suendra]]>;
<![CDATA[Kade Richa Mulyawati]]>
<![CDATA[ KERTHA WICAKSANA Vol. 14 No. 2 (2020) ]]>
Publisher : <![CDATA[Fakultas Hukum, Universitas Warmadewa ]]>
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DOI: 10.22225/kw.14.2.2020.118-123
<![CDATA[The rapid community gathering followed by the rapid advancement of technology with the internet not only brought positive but also tucked in negatively, one of which developed developing follow-up section on the abuse of children called child care carried out by using internet technology which is increasingly becoming a necessity the main community. Child care unwittingly began to occur in Indonesia, began to emerge several cases discussed are child care. The emergence of this new criminal act is not accompanied by supporting legal instruments as evidenced by the absence of special agreement relating to this crime requiring legal officers who find difficulties in processing child care cases that have been carried out. The only way for the police to take discretion is to be able to sentence the victim. The method used in this renewal is a method that is approved by juridical normative using the Statute Approach which uses literature and legislation relating to the topics discussed. Child grooming crime is still classified as a criminal new offense in Indonesia so that there are no specific regulations related to it. So that perpetrators of these crimes can still be held accountable for their actions, law enforcement officials take the policy of discretion as a way out of this.]]>
<![CDATA[Hak Waris Anak yang Lahir Dari Perkawinan Beda Agama Menurut Hukum Adat Bali ]]>
<![CDATA[I Ketut Sukadana]]>
<![CDATA[ KERTHA WICAKSANA Vol. 14 No. 2 (2020) ]]>
Publisher : <![CDATA[Fakultas Hukum, Universitas Warmadewa ]]>
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DOI: 10.22225/kw.14.2.2020.124-131
<![CDATA[The life of indigenous peoples in Indonesia with their diverse religions and cultures, does not rule out the possibility of cross-marriages between them, such as many marriages between people of different faiths. Marriage between people of different religions, in the community often causes problems in the family and even leads to divorce. The formulation of the problem in this paper is how is the legal status of interfaith marriages according to Law Number. 1 of 1974 and how the inheritance rights for children born from marriages of different religions according to Balinese customary law. This research is a normative legal research by examining the laws and regulations and using literature studies. The results showed that interfaith marriages in the Marriage Law in Indonesia were not strictly regulated in Marriage Law Number 1 of 1974 concerning Marriage in conjunction with Law Number 16 of 2019 concerning Amendments to the Marriage Law Number 1 of 1974 concerning Marriage. Marriage Law requires couples of different religions if they want to have a marriage, they must submit themselves to the religion of one party. As for the inheritance rights of children born from marriages of different religious partners according to Balinese customary law, if the child follows his father's religion then he will be given the right to inherit. However, if the child follows his mother's religion, he will not get the right to inherit. This is based on that the Balinese traditional inheritance law adheres to the principle of kapurusa (father line) and inheritance not only in the form of rights but also always attaches certain obligations that can only be carried out by heirs of the same religion as the heirs.]]>
<![CDATA[Tanggungjawab Hukum Bank Terhadap Nasabah dalam Hal Terjadinya Kegagalan Transaksi pada Sistem Mobile Banking ]]>
<![CDATA[I Made Aditya Mantara Putra]]>
<![CDATA[ KERTHA WICAKSANA Vol. 14 No. 2 (2020) ]]>
Publisher : <![CDATA[Fakultas Hukum, Universitas Warmadewa ]]>
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DOI: 10.22225/kw.14.2.2020.132-138
<![CDATA[In this era of millennial global era, of course we are familiar with the term mobile banking. Mobile banking is one of the ways in which internet is used for promoting and making transactions of traditional products such as opening deposit account, transferring funds to another account as well as new banking products such as claims through the bank websites. Two problems are formulated in this study. The first problem is how the costumers are legally protected when they make transactions trough mobile banking, to what extend the bank is responsible for the loss possibly resulting from any transaction through the mobile banking. This study is classified as a normative legal study. What is meant is that the data needed was obtained by library research, meaning that the data was obtained from the secondary sources. The problem were analyzed using legal interpretation followed by theoretical argument based on the legal theories and concepts available. The results of the study show that the customers in transacting with the mobile banking system even though there are no provisions governing legal protection specifically, customers are still given legal protection both preventive and repressive by the provisions contained in the legislation relating to banks and consumer protection. The results of the study show that the customers in transacting with the mobile banking system even though there are no provisions governing legal protection specifically, customers are still given legal protection both preventive and repressive by the provisions contained in the legislation relating to banks and consumer protectionThe bank will be responsible for providing compensation for any loss experienced by the customers resulting from the internet banking system, if the error made by the bank.]]>
<![CDATA[Pidana Mati Terhadap Kejahatan Narkotika Ditinjau Dari Pasal 28I Ayat (1) UUD NRI 1945 ]]>
<![CDATA[Roby Anugrah]]>;
<![CDATA[Raja Desril]]>;
<![CDATA[Hari Sutra Disemadi]]>
<![CDATA[ KERTHA WICAKSANA Vol. 14 No. 2 (2020) ]]>
Publisher : <![CDATA[Fakultas Hukum, Universitas Warmadewa ]]>
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DOI: 10.22225/kw.14.2.2020.110-117
<![CDATA[The debate about capital punishment from classical to modern times is still a debate that has not found a dialogue point. From the Beccaria era which stated that capital punishment was not effective in tackling crime, many killings occurred and will continue to occur until today the pros and cons of capital punishment still maintain their respective arguments. In answering the problems regarding the pros and cons of capital punishment against narcotics crime, this study uses a qualitative analysis method with a type of normative legal research. The data used in normative legal research is, of course, secondary data obtained through library research. In Indonesia, the debate about capital punishment against narcotics criminals reappears to the public when the provisions of the threat of capital punishment in the Narcotics Law are submitted to a judicial review or judicial review to the Constitutional Court which is considered to conflict with the most basic human rights namely the right to life guaranteed by the 1945 Constitution. Whereas if the death penalty is investigated for narcotics crimes and other crimes in general as long as it is firmly regulated in statutory regulations it does not contradict the right to life that humans have from birth.]]>
<![CDATA[Kebijakan Hukum Terhadap Penanganan Pandemi Covid-19 di Indonesia ]]>
<![CDATA[Putu Sekarwangi Saraswati]]>
<![CDATA[ KERTHA WICAKSANA Vol. 14 No. 2 (2020) ]]>
Publisher : <![CDATA[Fakultas Hukum, Universitas Warmadewa ]]>
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DOI: 10.22225/kw.14.2.2020.147-152
<![CDATA[The Covid-19 pandemic has become very dangerous because it is transmitted so quickly and caused the death of many lives in the world. The Government and the National Disaster Management Agency have coordinated with local governments to carry out disaster management by issuing social distancing and physical distancing policies. Many PSBB policies are ineffective because surely the community feels that they have not yet fully received legal protection for the existing policies made by the government at this time. To avoid another level of infertility, the following efforts were made so that the PSBB policy provided during the effective pandemic period in accordance with the 1945 Constitution of the Republic of Indonesia, among others, the Central Government and Regional Governments ensures the disclosure of public information in order to be able to find out the chain of the virus spreading. The government must be able to guarantee and ensure especially to the lower middle class are able to meet their needs to guarantee the right to life of their people and not diminished any dignity of the people (in accordance with the mandate of the 1945 Constitution of the Republic of Indonesia) and the need for a public role in terms of mutual care, mutual reminding, and help each other. This article will continue to be discussed using a literature approach in which the writer will use primary sources in the form of literature books that have to do with the problems to be examined. The things that occur in the field can be seen that the legal policy decided by the government during the pvidemic co-19 period has apparently not been implemented properly as mandated because there are still many people who violate the PSBB activities proclaimed by the government even though criminal sanctions have been regulated by very clear.]]>
