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<![CDATA[BANTUAN HUKUM TIMBAL BALIK DALAM TINDAK PIDANA NARKOTIKA ]]>
<![CDATA[Yogi Arthani, Ni Luh Gede]]>;
<![CDATA[Andayani Citra, Made Emy]]>
<![CDATA[ VYAVAHARA DUTA Vol 16, No 1 (2021) ]]>
Publisher : <![CDATA[Institut Hindu Dharma Negeri Denpasar ]]>
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DOI: 10.25078/vd.v16i1.1335
<![CDATA[Ilicit Traffic in Narcotic Drugs is carried out by international networks operating in several countries. Ilicit traffic in narcotic drugs results in huge financial and wealth gains that enable transnational crime organizations to penetrate, pollute and undermine the structure of government, legitimate commercial and financial business, and society at all levels. In dealing with this situation, Indonesia harmonizes the law through mutual legal assistance arrangements. In this study two issues will be discussed namely legal reform through mutual legal assistance and mutual legal assistance in narcotics crimes.Legal reform is a policy carried out by a country to deal with the situation that occurs in the country. The development of transnational crime was responded by the state through a policy of mutual legal assistance as outlined in the Law of the Republic of Indonesia Number 1 of 2006 concerning Reciprocal Assistance in Criminal Matters. Cooperation between countries in the process of law enforcement needs to be done to tackle the crime of trafficking in narcotics. Ilicit traffic in narcotic drugs is carried out by involving several countries. Reciprocal legal assistance in narcotics crimes can be implemented in three ways, namely diplomatic channels, through central authorities and through direct cooperation between law enforcement agencies.Keywords: Mutual legal assistance, Ilicit Traffic, Narcotic Drugs]]>
<![CDATA[PERAN PARTAI POLITIK (PARPOL) DALAM PENANGGULANGAN KORUPSI ]]>
<![CDATA[Putu Mantra, I Gede]]>
<![CDATA[ VYAVAHARA DUTA Vol 16, No 1 (2021) ]]>
Publisher : <![CDATA[Institut Hindu Dharma Negeri Denpasar ]]>
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DOI: 10.25078/vd.v16i1.2198
<![CDATA[Corruption is a crime against humanity which is classified as an extraordinary crime. The reform movement that took place in 1998 was motivated by public distrust of the ruling government at that time which was thought to be full of collusion, corruption and nepotism (KKN). After the government in power at that time fell, it was followed by a reformation government. One of the agendas of the reform government is the Eradication of Collusion, Corruption and Nepotism (KKN). Various efforts have been made by the government in preventing and eradicating corruption but corruption is still growing. In the midst of rampant corruption committed by public officials, who in fact mostly come from Political Party cadres, it is only natural for political parties (Parpol) to take responsibility and play a role in anti-corruption measures. Through this paper the author tries to look at the factors behind public officials committing acts of corruption, most of which are thought to come from political party cadres (parpol) and see the role of political parties in the prevention and eradication of corruption.From the above discussion, it can be concluded that all efforts and actions through various approaches have been made by law enforcement officials to prevent and eradicate corruption that has been running for years in this country. The responsibility of political parties (parpol) can be started from the recruitment of party cadres before being distributed to various public positions in the government. Political parties are also responsible for cadres who are involved in criminal acts of corruption by not obstructing law enforcers in the investigation and investigation process carried out.Keywords: Political parties, prevention and eradication of corruption. ]]>
<![CDATA[TANGGUNG JAWAB HUKUM PENYIDIK KEPOLISIAN TERHADAP BARANG BUKTI YANG KURANG LENGKAP ]]>
<![CDATA[Trisna Dewi, Ni Made]]>
<![CDATA[ VYAVAHARA DUTA Vol 16, No 1 (2021) ]]>
Publisher : <![CDATA[Institut Hindu Dharma Negeri Denpasar ]]>
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DOI: 10.25078/vd.v16i1.1431
<![CDATA[Examination of cases before the trial, as well as in the preliminary examination, there are many problems related to evidence. Although evidence has an important role in a criminal case, it is not that the presence of evidence is absolutely necessary in a criminal case. Where the judge in making a decision does not always rely on evidence because it only happens case by case, or it can be said that not all cases can be resolved just because of the evidence. The formulation of the problem raised in this study is what is the legal basis for the police against incomplete evidence and what is the legal responsibility of the police for incomplete evidence. This type of research is empirical legal research. This research uses an approach that examines the prevailing laws and regulations, legal theory, and can be in the form of scholars' opinions related to problems in this scientific paper, namely the legal responsibility of the police for incomplete evidence. The conclusion of this research is that the legal basis of the police for incomplete evidence is Article 110 paragraph (2) and (3) and Article 138 paragraph (2) of the Criminal Procedure Code where the Public Prosecutor returns the case file to the investigator to complete the case file concerned. In returning the case file, the Public Prosecutor is also required to provide instructions regarding the incompleteness of the case file, both regarding the completeness of the case file clearly and clearly so that it can be understood by the Investigator.Keywords: Responsibility, police, incomplete evidence]]>
<![CDATA[MODERNISASI SANKSI ADAT DALAM PENYUSUNAN AWIG-AWIG ORGANISASI SEKAA TERUNA ]]>
<![CDATA[Widnyana, I Made Adi]]>
<![CDATA[ VYAVAHARA DUTA Vol 16, No 1 (2021) ]]>
Publisher : <![CDATA[Institut Hindu Dharma Negeri Denpasar ]]>
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DOI: 10.25078/vd.v16i1.2201
<![CDATA[AbstractThe sustainability of balinese indigenous civilization can not be released from the existence of Indigenous Villages and banjar adat as a unity of indigenous peoples guided by customary rules in the form of awig-awig, perarem, or other forms. It also organizes a youth organization in Bali called sekaa teruna which is part of banjar adat. In this era the existence of awig-awig seems like a mere rule crest, because many contents of awig-awig mainly on the sanctions section in ancient times that are no longer relevant to be applied in the present. Therefore, in this paper will be discussed in advance on How the concept of formulation of awig-awig, How the form of old customary sanctions that have been applied in Bali and have been irrelevant applied, and How the modernization process can be done against the irrelevant customary sanctions. From this it is seen that the concept of formulation of awig-awig in Bali is generally related to the concept of Tri Hita Karana, while the old forms of customary sanctions that are considered irrelevant include: customary sanctions against the case of twin buncing, sanctions kesepekang, forced marriage sanctions, and other types of sanctions. Modernization of ancient customary sanctions can be done by youth organizations by incorporating customary sanctions that can be applied by youth in the present, so that the existence of such awig-awig is not only limited as a symbol.Keywords: Awig-awig, Modernization, Customary Sanctions, Sekaa Teruna]]>
<![CDATA[MPR DALAM SISTEM KETATANEGARAAN INDONESIA (STUDI KOMPARATIF ANTARA SEBELUM DAN SESUDAH PERUBAHAN UUD 1945) ]]>
<![CDATA[Santika, I Wayan Eka]]>;
<![CDATA[Sujana, I Gede]]>
<![CDATA[ VYAVAHARA DUTA Vol 16, No 1 (2021) ]]>
Publisher : <![CDATA[Institut Hindu Dharma Negeri Denpasar ]]>
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DOI: 10.25078/vd.v16i1.1940
<![CDATA[The purpose of this research was to determine the People's Consultative Assembly in the Indonesian constitutional system. This research was a type of library research which is descriptive analytic through a qualitative approach that is based on comparative studies. The results of this research indicated that there are fundamental differences between the People's Consultative Assembly before and after the amendment to the 1945 Constitution. The differences included (1) the change in the position of the People's Consultative Assembly from the highest state institution to a state institution that is equal to other state institutions, (2) changes in the membership structure of the People's Consultative Assembly from those previously consisted of House of Representatives, Group Envoys and Regional Representatives, then became members of the House of Representatives and Regional Representative Board members, (3) the policy to appoint People's Consultative Assembly members was replaced by an election system, (4) the People's Consultative Assembly no longer stipulates the Broad Outlines of the Nation's Direction along with filling the position of President through participation the people directly in the election, (5) limitation of the People's Consultative Assembly's authority in amending the 1945 Constitution, (6) the inauguration of the President and / or Vice President in normal and abnormal conditions, (8) the authority of the People's Consultative Assembly to dismiss the President and / or Vice President must be through a forum previlegiatum.Keywords: People's Consultative Assembly, State Administration, Amendment to the 1945 Constitution.]]>
<![CDATA[PENETAPAN SATU PASANGAN CALON DALAM PEMILIHAN UMUM KEPALA DAERAH KABUPATEN BADUNG TAHUN 2020 SEBAGAI IMPLEMENTASI PEMILU BERINTEGRITAS ]]>
<![CDATA[Wedanti, I Gusti Ayu Jatiana Manik]]>
<![CDATA[ VYAVAHARA DUTA Vol 16, No 1 (2021) ]]>
Publisher : <![CDATA[Institut Hindu Dharma Negeri Denpasar ]]>
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DOI: 10.25078/vd.v16i1.2202
<![CDATA[The implementation of the regional head general election in the context of the election of the Regent and Deputy Regent in Badung Regency in 2020 then recorded the first history in the implementation of the regional head general election simultaneously in Bali Province, namely the determination of one candidate pair as the only participant participating in the regional head general election held in Badung Regency in 2020. This is certainly interesting to analyze so that in this paper it will be analyzed and described the relationship between elections with integrity and the determination of a single candidate in the general election for the regional head of Badung Regency in the simultaneous regional head elections in 2020. This writing uses normative legal research methods. Where in this paper, we use statutory studies and literature to analyze the determination of a single candidate in the regional head elections in Badung Regency in the context of the election of the Regent and Deputy Regent in 2020. The results of the analysis carried out were the determination of one candidate pair in the general election of the Regent and Deputy Regent in Badung Regency by the KPU of Badung Regency has been following the basic legal provisions of the implementation of regional head elections and the determination of one candidate pair in the regional head general election for the election of regents and deputy regents in Badung Regency in 2020 and has fulfilled the principles of elections with integrity, namely the general election of the head regions must continue to be implemented even though there is only one pair of participants participating in the regional head election competition so that the political rights of citizens to be able to elect their leaders based on the principles of democracy are fulfilled the elected leader is expected to be able to carry out the task us and its obligation to prosper and protect its people.Keywords: Election for regional heads, Election with Integrity, One Candidate Pair, Democracy]]>
<![CDATA[TINJAUAN YURIDIS PERLINDUNGAN HUKUM HAK CUTI HAID DALAM UNDANG-UNDANG NO. 13 TAHUN 2003 TENTANG KETENAGAKERJAAN ]]>
<![CDATA[Sudharma, Kadek Januarsa Adi]]>;
<![CDATA[Artami, Ida Ayu Ketut]]>;
<![CDATA[Rachella, Baby]]>
<![CDATA[ VYAVAHARA DUTA Vol 16, No 1 (2021) ]]>
Publisher : <![CDATA[Institut Hindu Dharma Negeri Denpasar ]]>
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DOI: 10.25078/vd.v16i1.2068
<![CDATA[Regulations regarding the right to menstrual leave for female workers in Indonesia are regulated in Law No. 13 of 2003 concerning Manpower. This law is the basis for the making of work agreements by every company in Indonesia, both a Fixed Time Work Agreement and an Indefinite Time Work Agreement. The work agreement is the basic principle of the relationship between workers and the company in relation to the type of work, wages, position and termination of employment. Legal protection for female workers in relation to the right to menstrual leave is implemented in article 81 paragraph (1) of Law No. 13 of 2003 concerning Manpower, usually in the form of requiring female workers to come to company clinics and have their conditions checked, if the conditions are declared unable to continue their work on that day, the female workers are given permission to rest at home. If at any time there is a dispute between workers and the company regarding menstrual leave, the dispute Resolution can be done in several ways. First, it can be resolved through negotiation by both parties or what is known as bipartite. If the bipartite settlement does not get satisfactory results for both parties, the case / dispute can be submitted to be resolved in an Industrial Relations Court. Keywords: Dispute Resolution, Female Workers, Legal Protection, Menstrual leave rights]]>
<![CDATA[PENERAPAN PSBB DI KOTA DENPASAR DALAM MENGANTISIPASI COVID-19 ]]>
<![CDATA[Putrawan, I Nyoman Alit]]>
<![CDATA[ VYAVAHARA DUTA Vol 16, No 1 (2021) ]]>
Publisher : <![CDATA[Institut Hindu Dharma Negeri Denpasar ]]>
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DOI: 10.25078/vd.v16i1.2319
<![CDATA[Denpasar, as one of the cities in Bali which is famous for its tourism industry, has participated in implementing PSBB. This is stated in the Governor of Bali Instruction Number 8551 of 2020 which contains the strengthening and prevention of COVID-19. Through the instructions of the Bali governor, Denpasar has taken various steps to reduce the number of exposure to COVID-19, such as implementing discipline in health protocols, working from home, studying online from home and praying at home. This research is a normative legal research. The results of this paper explain that the implementation of the Large-Scale Social Restrictions policy (PSBB) in dealing with the Covid 19 outbreak in Denpasar City is based on Government Regulation Number 21 of 2020 concerning PSBB and Bali Governor Instruction Number 8551 of 2020 which contains the strengthening and prevention of COVID-19, regulations regarding restrictions on transportation, social, and physical mobilization of the community due to the spread of disease, which are regulated in Law Number 6 of 2018 concerning Health Quarantine. These various policies then outlined by the Denpasar City Government in the form of Denpasar City Mayor Number 32 of 2020 concerning Limiting Community Activities in Villages, Sub- Districts and Traditional Villages in the Acceleration of Handling COVID-19.Keywords: PSBB; Policy; Handling; Covid-19.]]>
<![CDATA[HAK PEREMPUAN HINDU BALI ATAS HARTA WARISAN SUAMI ]]>
<![CDATA[Suka Asih K. Tus, Desyanti]]>
<![CDATA[ VYAVAHARA DUTA Vol 16, No 1 (2021) ]]>
Publisher : <![CDATA[Institut Hindu Dharma Negeri Denpasar ]]>
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DOI: 10.25078/vd.v16i1.2199
<![CDATA[Indonesia does not have a unified regulation regarding inheritance law. This legal pluralism occurs with the application of three different regulations related to inheritance law namely is Western Civil Law, Compilation of Islamic Laws and Customary laws which is applicable based on the region such as Bali Customary Laws. The customary law sourced from the norms, religion, principle that develop within the society. Customary inheritance law is strongly influenced by the family system that applies in every region in Indonesia. Customary inheritance law in Bali is influenced by the patrilineal system adopted in Bali. The patrilineal system adheres to the male line. The patrilineal system places men as the successors of the family including those who are obliged and entitled to family inheritance. This situation makes the position of women as subordinate parties in the family, especially in terms of inheritance. The rights of Hindu women in Bali to her husband's inheritance are often disregarded, forgotten, and abolished. Based on national law, a wife who is left dead by her husband will automatically become an heir. This situation does not necessarily apply to Balinese customary law with the patrilineal system. Social change and demands of the feminist theory have not brought a change to the application of Balinese customary inheritance laws in the community. The presence of provisions in the form of the MUDP (an Indonesia Governmental Body for Balinese) decision and the Supreme Court's decision have not been able to bring a change to the position of women (widows because of death) as husband's heir. The lack of knowledge and legal awareness of Hindu women in Bali over their position as heirs is one of the causes of the weak position of Hindu women in Bali as heirs. This paper will discuss the rights of Hindu women in Bali for husband's inheritance. This paper uses a normative juridical research method.Keywords: Rights of Hindu Women in Bali, Husband's Inheritance]]>
<![CDATA[PENCURIAN PRATIMA DALAM KAJIAN HUKUM PIDANA HINDU ]]>
<![CDATA[Ekasana, I Made Suastika]]>
<![CDATA[ VYAVAHARA DUTA Vol 16, No 1 (2021) ]]>
Publisher : <![CDATA[Institut Hindu Dharma Negeri Denpasar ]]>
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DOI: 10.25078/vd.v16i1.2200
<![CDATA[Pratima Theft Crime is part of the crime of theft or crimes against property or objects that are sacred and sacred or sacred and sanctified which are related to symbols of God, Goddesses, Bhatara-Bhatari and their manifestations. Pratima theft is part of a crime against property as regulated in Book II of the Criminal Code and is also regulated in Hindu Law as Corah or Asteya in Article 6 in conjunction with Articles 336 - 343 Astamo dhyayah Weda Smrti (Manawa Dharmasastra) in conjunction with Articles 51 - 70 Ekodaco dhyayah Weda Smrti (Manawa Dharmasastra). Corah or Asteya is part of Hindu legal norms in the field of Criminal Law or Kantaka Sodhana. The problems studied in the writing are, Are Hindu law norms in the field of Criminal Law included in the national legal system in the Unitary State of the Republic of Indonesia? What are the factors causing the rampant theft of pratima in Bali Province ?. Using the normative legal research method, the conclusion obtained is that the legal norms of Pratima Theft are regulated in the legal system of the Unitary State of the Republic of Indonesia. support each other in the administration of the State. The Pratima Theft legal norms are part of the Criminal Law Norms including one of the Areas of Hindu Law which is one of the recognized religious laws in Indonesia, therefore the Pratima Theft legal norms as one of the religious laws (Hinduism) are automatically included as part of and regulated in the legal system in the Republic of Indonesia. Factors causing pratima theft include human factors, environmental factors, educational factors, social interaction factors and opportunity factors.Keywords: Crime, Theft, Pratima, Hindu Law, Criminal Law. ]]>
