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INDONESIA
Vyavahara Duta
Published by Institut Hindu Dharma Negeri Denpasar
ISSN : 19780982     EISSN : 26145162     DOI : -
Core Subject : Religion, Humanities, Social,
Religion Humanities Law, Crime, Criminology & Criminal Justice Social Sciences
Scope dari jurnal Vyavahara Duta meliputi kajian-kajian spesifik di bidang hukum agama, hukum adat, dan hukum nasional.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 16 Documents
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Search results for , issue "Vol 15, No 2 (2020): September 2020" : 16 Documents clear
URGENSI PENGATURAN KEWENANGAN DESA ADAT DALAM MENUNJANG ERA NEW NORMAL KEPARIWISATAAN BUDAYA BALI Satrya Wibawa, Gede Yoga
VYAVAHARA DUTA Vol 15, No 2 (2020): September 2020
Publisher : Institut Hindu Dharma Negeri Denpasar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25078/vd.v15i2.1811

Abstract

Bali, which is an international tourist destination, makes tourism as a major commodity so that the impact of the Covid 19 pandemic is enormously felt for the Bali economy and tourism actors involved. For instance, almost about 98% of tourist attractions, hotels, restaurants, spas and tourism facilities are closed to the public. With the intention that it brings a very harsh recession to the economy of the Balinese people themselves, involving the indigenous village in handling the Covid-19 outbreak in Bali is very appropriate. By involving the indigenous communities, in this case the indigenous village, it will directly touches up to the littlest area in Bali, the Banjar environment. With a more massive structure, it is also hoped that it can effectively break the chain of the spread of Covid 19 in Bali province. This writing uses the normative legal research method. The study of legislation and literature is used to formulate the authority of indigenous villages in the new era of Balinese culture tourism which will be faced after the Covid-19 pandemic. Finally, it can be concluded that the position of the indigenous villages in assisting the higher tasks of the government is legally very strong, from the constitution to the legislation below recognizing the existence and role of the indigenous villages. On this basis, it is appropriate for the indigenous village to be given its own portion as an integral part of the structure both legally and administratively. Secondly, the authority of indigenous villages in carrying out their functions in the Covid Task Force for the prevention of Covid 19 in Bali province has been very clear and this can be the basis for further enhancing role of indigenous villages in the new era of cultural tourism in Bali which will be rebuilt after this pandemic. Finally, the optimization of the role of indigenous villages in the acceleration of Covid 19 prevention in Bali has been able to run well and can answer all doubts from various parties who during the pandemic might underestimate the magnificent role of this indigenous village, thus the Provincial Government of Bali should be able to consider an alternative management of indigenous village-based tourism going forward.Keywords: Covid-19, Indigenous Village, Bali Cultural Tourism, New Normal
ANALISIS YURIDIS PEMIDANAAN TERHADAP TAX EVASION DAN TAX AVOIDANCE (STUDI KASUS PANAMA PAPERS) Danyathi, Ayu Putu Laksmi; Putra, I Made Walesa
VYAVAHARA DUTA Vol 15, No 2 (2020): September 2020
Publisher : Institut Hindu Dharma Negeri Denpasar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25078/vd.v15i2.1816

Abstract

Taxes are mandatory contributions from taxpayers to the state which are compelling based on Constitution without receiving direct compensation, in addition; taxes are used for the greatest prosperity of the people.However, there were allegations of irregularities in the tax sector in the case of the leak of the Panama Papers documents. Several businessmen, leaders and state officials were mentioned on Panama Papers, including those who come from Indonesia. Various motives or backgrounds for their participation on Panama Papers, so that it was suspected there were allegations of tax evasion and tax avoidance. Based on those allegations, the question that arose was whether participation on the Panama Papers is Tax Evasion and or Tax Avoidance and how the national criminal law is regulated in this regard. The type of research used is normative research, namely legal research which is carried out based on the norms and principles of the laws and regulations related to tax crime.The result of the research showed that the case study Panama Papers case can be classified as tax evasion because the indication leads to the embezzlement of tax. Even if it is classified as tax avoidance, the perpetrator should still have moral responsibility because tax avoidance is actually a smuggling law (in fact, it is not in accordance with the philosophy of the tax law passed).   Keywords: Juridical analysis, The Punishment, Tax Evasion, Tax Avoidance  
PROSES HUKUM PERKAWINAN ADAT BALI DENGAN PENDEKATAN ILMU FILOLOGI Subrata, I Nyoman
VYAVAHARA DUTA Vol 15, No 2 (2020): September 2020
Publisher : Institut Hindu Dharma Negeri Denpasar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25078/vd.v15i2.1812

Abstract

Marriage is based on a desire to build a family order and hereditary system. In the procedure of marriage is supported on the basis of the approval of the Balinese Customary party as well as the law that has been in force in the State of Indonesia. The Balinese Traditional Marriage Process embraced by the Balinese community is approved by the national and indigenous marriage law. In marriage, there will be an approach process with Philology as a reference or guideline on every balinese customary marriage activity as well as the Marriage Law that has been in effect in every region of Indonesia. This includes on the basis of an Indigenous Marriage in Bali with the legal process that has been in effect and followed by the reference approach of Philology Science. Keywords : Marriage Law, Balinese Customs, Philology
PERJANJIAN PERKAWINAN DALAM PERKAWINAN PADA GELAHANG Mantra, I Gede; Januariawan, I Gede; Yanti, Ni Putu Linda Mega
VYAVAHARA DUTA Vol 15, No 2 (2020): September 2020
Publisher : Institut Hindu Dharma Negeri Denpasar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25078/vd.v15i2.1817

Abstract

Marriage “pada gelahang” is an alternative form of marriage chosen by both parties of the prospective husband and family, considering that both the male family and the family of the woman are basically equally an only child.This type of research in this study is a type of normative hokum research or doctrinal research namely "research that uses library material or secondary data consisting of primary hokum material, secondary hokum material, and tertiary hokum material as the main data" (Soekanto and Mamudji, 2006 : 13). That is, by reviewing the books, articles and laws related to the marriage agreement. This research uses qualitative analysis by explaining the data that exists not in the form of numbers.Seeing the problems in marriage on the bracelet is very likely to occur during the marriage in gelahang. To avoid the ineptness of both parties it is necessary to anticipate early on by making marriage agreements. The marriage agreement governs the rights and obligations of both spouses, which must be performed during the term of marriage.Keywords: Marriage covenant, marriage on gelahang
TINGKAT PARTISIPASI PEMILIH DENPASAR DALAM PILKADA 2018 Widnyana, I Made Adi
VYAVAHARA DUTA Vol 15, No 2 (2020): September 2020
Publisher : Institut Hindu Dharma Negeri Denpasar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25078/vd.v15i2.1813

Abstract

Indonesia is a democratic country whose implementation is one of them is carried out through a democratic party called elections. Elections are held regularly in Indonesia which has been regulated by the rules and by the executors called the Electoral Commission. Elections in Indonesia are held to select formations in legislative and executive institutions both at the central and regional levels. Elections at the regional level are often referred to as elections, which are commonly used to select regional heads whether governors, regents, or mayors who are held in turn according to the stage of the period or time period. Elections in Bali after the reform period have been held several times, and it is always interesting to observe in addition to the election results, also related to the level of participation of its people as voters. The purpose of this study is to find out about the level of voter participation, especially in Denpasar at the 2018 election and the factors that affect the participation rate.From the results of the study it is known that the rate of voter registration in Denpasar city for the 2018 election is 63.18% that is in the moderate category. This lack of participation rate can be due to several factors, such as: economic factors of people who tend to vote to remain elected during the election process, factors that candidates or candidates feel are less attractive to them, or may be due to factors in voter data collection techniques. So it is advisable to overcome these factors can be done through the selection of the right election time or setting the election day as a holiday, in addition to socializing the mission vision of the candidate, as well as the systematic and measurable implementation of the stage so that no voter loses his or her voting rights due to technical factors.Keywords : Rate, Participation, Regional Elections, Medium, Factors 
MENERAPKAN AJARAN PURGE SEBAGAI WUJUD DEMOKRASI Michael, Tomy
VYAVAHARA DUTA Vol 15, No 2 (2020): September 2020
Publisher : Institut Hindu Dharma Negeri Denpasar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25078/vd.v15i2.1818

Abstract

The purpose of the research to find out if Purge is one way to reach democracy today? Research uses normative research with an orientation that is not sourced on conceptual attitudes that must be taken but also a combination of legislation that is a fundamental belief. The result is that when the state does not act decisively against any form of crime or violation of the law therein there are two possibilities, namely rebellion from the community and the release to the community to resolve properly. Purge's settlement is not contrary to democracy because Purge seeks to be a democracy more in the justice of society.Keywords: Democracy; law; Purge
KEDUDUKAN SENTANA RAJEG DALAM HARTA BERSAMA Ratmini, Ni Ketut Sri
VYAVAHARA DUTA Vol 15, No 2 (2020): September 2020
Publisher : Institut Hindu Dharma Negeri Denpasar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25078/vd.v15i2.1814

Abstract

In customary law, the issue of heredity is included in the scope of kinship law, so the issue of sentana rajeg will not be separated from the discussion about the kinship system adopted by the Balinese people. The traditional Balinese people adhere to the patrilineal or fatherly kinship system which is better known in the community as the kepurusa or purusa line. The goal in the family life of the Balinese people is to have children. Associated with the sex of the child (descendant), it is expected that the descendant of a boy. Balinese customary law which is patrilineal has a strong influence on the value of the child (descendant), that is, boys have a higher value than girls. If a family only has daughters, efforts will be made to increase their status to male, namely by adopting the girl as sentana rajeg by means of merry marriage.The problem studied is the position of Sentana Rajeg in the formation of joint assets. This paper aims to examine from a legal and gender perspective the position of Sentana Rajeg in the formation of collective assets, using the literature review method. From the results of a study of several literature, it can be seen that Sentana Rajeg has an important position in contributing to the formation of collective assets. This is because Sentana Rajeg is an heir who gets an inheritance from his parents and the results of the management of the inheritance can be used to form joint assets. In addition, Sentana Rajeg apart from being a wife also works in the livelihood sector that generates money and has an important value in contributing to forming collective assets. This paper is expected to be useful theoretically for the repertoire of legal knowledge, and in practical terms it is expected to provide input to the government and Balinese indigenous peoples in solving problems related to Sentana Rajeg.Key Word: Sentana rajeg; joint property.
PERLINDUNGAN TERHADAP PELANGGARAN HAK ANAK DALAM KELUARGA MENURUT HUKUM HINDU Kantriani, Ni Ketut
VYAVAHARA DUTA Vol 15, No 2 (2020): September 2020
Publisher : Institut Hindu Dharma Negeri Denpasar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25078/vd.v15i2.1815

Abstract

All families crave the birth of a child, especially the hindu family of the birth of a child believed to be able to provide assistance or save the spirit of his ancestors from hell and will perform a tarpana ceremony after his parents die. The child is the result of the marriage process. The Book of Manawadharmasasta states that the purpose of marriage includes; Dharmasampatti means that together the husband and wife realize the implementation of dharma, which includes all religious activities and obligations such as carrying out yadnya, because in grehasthalah yadnya can be carried out perfectly. It means to give birth to offspring (sons and daughters) who will continue the mandate and obligation to the ancestors. Through yadnya and the birth of a son suputra, a child will be able to pay off the debt of services to the ancestors (Pitra rna), to the One True God (Deva rna) and to the teachers (Rsi rna), and Rati means to enjoy a sexual life and other sense satisfaction (Artha and Kama) that is not contrary to the Dharma. (Titib,2003:84). From the above quote the purpose of marriage (grehasta dormitory) according to scripture and other Hindu literature is to realize happiness together born and inner and acquire descendants or children who are suputra.Children from the womb until birth have the right and freedom to live and get protection from both their parents, family, society, nation and country. Children in order to grow and develop, then they must be protected by providing nutritious food, proper education, keeping them away from forms of perversion such as acts of violence, discrimination, cruelty, persecution, exploitation, abuse and injustice.Keywords : Protection, Violation, Child Rights, Hindu Law
MENERAPKAN AJARAN PURGE SEBAGAI WUJUD DEMOKRASI Michael, Tomy
VYAVAHARA DUTA Vol 15, No 2 (2020): September 2020
Publisher : Institut Hindu Dharma Negeri Denpasar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25078/vd.v15i2.1818

Abstract

The purpose of the research to find out if Purge is one way to reach democracy today? Research uses normative research with an orientation that is not sourced on conceptual attitudes that must be taken but also a combination of legislation that is a fundamental belief. The result is that when the state does not act decisively against any form of crime or violation of the law therein there are two possibilities, namely rebellion from the community and the release to the community to resolve properly. Purge's settlement is not contrary to democracy because Purge seeks to be a democracy more in the justice of society.Keywords: Democracy; law; Purge
KEDUDUKAN SENTANA RAJEG DALAM HARTA BERSAMA Ratmini, Ni Ketut Sri
VYAVAHARA DUTA Vol 15, No 2 (2020): September 2020
Publisher : Institut Hindu Dharma Negeri Denpasar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25078/vd.v15i2.1814

Abstract

In customary law, the issue of heredity is included in the scope of kinship law, so the issue of sentana rajeg will not be separated from the discussion about the kinship system adopted by the Balinese people. The traditional Balinese people adhere to the patrilineal or fatherly kinship system which is better known in the community as the kepurusa or purusa line. The goal in the family life of the Balinese people is to have children. Associated with the sex of the child (descendant), it is expected that the descendant of a boy. Balinese customary law which is patrilineal has a strong influence on the value of the child (descendant), that is, boys have a higher value than girls. If a family only has daughters, efforts will be made to increase their status to male, namely by adopting the girl as sentana rajeg by means of merry marriage.The problem studied is the position of Sentana Rajeg in the formation of joint assets. This paper aims to examine from a legal and gender perspective the position of Sentana Rajeg in the formation of collective assets, using the literature review method. From the results of a study of several literature, it can be seen that Sentana Rajeg has an important position in contributing to the formation of collective assets. This is because Sentana Rajeg is an heir who gets an inheritance from his parents and the results of the management of the inheritance can be used to form joint assets. In addition, Sentana Rajeg apart from being a wife also works in the livelihood sector that generates money and has an important value in contributing to forming collective assets. This paper is expected to be useful theoretically for the repertoire of legal knowledge, and in practical terms it is expected to provide input to the government and Balinese indigenous peoples in solving problems related to Sentana Rajeg.Key Word: Sentana rajeg; joint property.

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