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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 152 Documents
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DAMPAK TERHADAP ANAK DALAM PERKAWINAN PADA GELAHANG DI DESA PAKRAMAN TANGGAHAN PEKEN, DESA SULAHAN, KECAMATAN SUSUT, KABUPATEN BANGLI Kamariani, Ni Kadek; Kantriani, Ni Ketut; Januariawan, I Gede
VYAVAHARA DUTA Vol 14, No 2 (2019): SEPTEMBER 2019
Publisher : Institut Hindu Dharma Negeri Denpasar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25078/vd.v14i2.1244

Abstract

caused by several factors, both heredity and even social factors. From these factors cause future impacts on the couple themselves and even on children born. Based on the background above, the problem discussed in this study is the impact on children in Marriage to Gelahang in Pakraman village, Tanggahan Peken, Sulahan Village, Susut District, Bangli Regency. Data collection in this research uses observation, interview and literature study techniques. The research location was set in the village of Pakraman Tanggahan Peken, Sulahan Village, Susut District, Bangli Regency. The Occurrence of Marriage to Gelahang in the village of Pakraman Tanggahan Peken because there are two factors, namely heredity and social factors, where these factors have an impact on children for the future. The resulting impact is a psychological impact, where the existence of Marriage to Gelahang causes pressure on children, both mentally, such as the unpreparedness of children to carry out double obligations when implementing Marriage to Gelahang with different banjar / village andphysically, where when the child is siblings with many obligations that must be fulfilled, where both obligations cannot be abandoned, it causes physical pressure and even financial pressure for the child. In addition to psychological effects, marriage to Gelahang also causes social impacts, because there isno regulation on marriage that raises questions from the community why the obligations undertaken in the village and in the banjar are the same as a married couple who carry out ordinary marriages.Besides that, in family law there are two impacts, positive and negative. And the last is the inheritance system, where having one child will have an impact on the heirs or successors in the future.
PERLINDUNGAN HUKUM TERHADAP KONSUMEN PROPERTI SISTEM PRE PROJECT SELLING BERDASARKAN PRINSIP PERLINDUNGAN KONSUMEN DALAM UU NOMOR 8 TAHUN 1999 TENTANG PERLINDUNGAN KONSUMEN Rimbawa, I Made Artha
VYAVAHARA DUTA Vol 16, No 2 (2021)
Publisher : Institut Hindu Dharma Negeri Denpasar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25078/vd.v16i2.2421

Abstract

Pre-Project Selling is an agreement made by the parties to the sale and purchase of property before the project is built and the new one is sold in the form of pictures or concepts. The reason developers develop this Pre-Project Selling practice is to find out the market’s response to the property product that will be built (test the water). The Pre-Project Selling practice is a special agreement. This is because the object of the agreement is an image or concept from the developer. The rise of the Pre-Project Selling certainly presents some problems. One of them is about protecting consumers from images or concepts proposed by Developers. In this study will discuss the Consumer protection of Consumer Protection against Pre-Project Selling practices that refer to the legal principles in the Consumer Protection Act. This type of research is normative research, which is research based on studies that are in accordance with the theories and legal rules that have been determined. This normative research also functions to provide a juridical argument against the occurrence of emptiness, obscurity, and norm conflicts. Thus this research is considered very important as a policy input material in order to provide the value of justice for the community.
PENERAPAN AZAS RUKUN, LARAS DAN PATUT DALAM PENYELESAIAN SENGKETA ADAT ( STUDI KASUS DI BANJAR ADAT AMBENGAN DENGAN BANJAR ADAT SEMANA KECAMATAN UBUD KABUPATEN GIANYAR PROVINSI BALI ) Dharma Laksana, I Gusti Ngurah
VYAVAHARA DUTA Vol 14, No 1 (2019): MARET 2019
Publisher : Institut Hindu Dharma Negeri Denpasar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25078/vd.v14i1.1103

Abstract

Lands play an important role in our life. It becomes part of people’s life because lands are used to be the graveyards where the dead bodies are buried. The graveyard is also called as the ‘final resting place.’ As the role is very significant, especially in the life of customary village members in Bali, lands are often disputed among the members of one and other customary villages. The dispute becomes the object of many cases that ruins harmonious situation of native people in Bali. Take for example, the dispute that takes place in Banjar Adat Ambengan and Banjar Adat Semana Ubud District, Gianyar Regency and Bali Province. The problem to be solved is to investigate the causes of conflict as well as the implementation of land for peace, harmony, appropriateness and the parties involved in the settlement of the dispute. The investigation on the case that took place between the two customary villages was conducted through descriptive qualitative method supported by the case study approach. The finding showed that the dispute was settled by applying mediation method conducted through the meeting of the involved parties. It occurred several times with the principles of peace, harmony, and appropriateness to meet the society that live peacefully and harmoniously where people respect the existing customary law.
TANGGUNG JAWAB HUKUM PENYIDIK KEPOLISIAN TERHADAP BARANG BUKTI YANG KURANG LENGKAP Trisna Dewi, Ni Made
VYAVAHARA DUTA Vol 16, No 1 (2021)
Publisher : Institut Hindu Dharma Negeri Denpasar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25078/vd.v16i1.1431

Abstract

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
EFEKTIVITAS PELAKSANAAN SIDANG KELILING DALAM ALTERNATIF PENYELESAIAN SENGKETA BERDASARKAN PRINSIP HUKUM ACARA PERDATA CEPAT, SEDERHANA DAN BIAYA RINGAN Ayuna Putri, Sherly; Kusmayanti, Hazar; Rachmainy, Linda
VYAVAHARA DUTA Vol 13, No 2 (2018): SEPTEMBER 2018
Publisher : Institut Hindu Dharma Negeri Denpasar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25078/vd.v13i2.689

Abstract

In recent years, religious court tries to break the gap by means of roving or mobile court. Mobile court is  applied to fill  up  sense  of justice  and  right  among citizen who  do  not  have adequate knowledge about procedural law and live away from city center where court usually runs. This research is attempted to dig into the practices of mobile court and compare it with other principles of procedural laws in Indonesia civil code.This research is used juridical-normative method that emphasizes investigation into law provision that is valid in Indonesia jurisdiction. The investigation will be addressed to Het Herziene Indonesisch Reglement (HIR), Legislation no 48 of 2009 on judiciary dominion, Legislation no 3 of 2015, Legislation no 50 of 2009 on religious court, and Supreme Court Legislation no 1 of 2015 on integrated service of mobile court in district court and religious court or Islamic court in order to publication of marriage certificate. This research is specifically analytical-descriptive in character and in order to obtain holistic description about practice of dispute settlement in Islamic court by means of mobile court in accordance to principles and codes of civil code procedural law. The result of this description then to be analyzed by means of qualitative-normative method on the ground of document research in which materials of legislation and jurisprudence are analyzed furthermore. This research also use observation and interview as complementary method, especially on how Tasimalaya District Court and Cimahi Religious Court practicing mobile court.
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
EFEKTIVITAS IZIN GANGGUAN DAN PROBLEMATIKA HUKUMNYA SETELAH PERMENDAGRI 19/2017 Bastian, Jimmy; Michael, Tomy
VYAVAHARA DUTA Vol 13, No 1 (2018): Maret 2018
Publisher : Institut Hindu Dharma Negeri Denpasar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25078/vd.v13i1.535

Abstract

Any person or entity that wishes to carry out a particular activity which may cause harm, harm, and disruption shall equip themselves with a Disturbance License or Hinder Ordonnantie. The granting of the Nuisance License in general is the authority of the bupati or mayor. In carrying out Nuisance Licenses, the Regional Government may impose a levy called the Distribution License License. The existence of this levy is considered very useful for the Region because it provides a substantial income for the local treasury. However, in early 2017, the Minister of Home Affairs Tjahjo Kumolo revoked the Regulation of the Minister of Home Affairs which regulated the guidelines for the determination of permit disruption in the region. That way, all local regulations governing Nuisance Permissions automatically no longer have a legal basis. So that local government since that time practically no longer able to organize Nuisance Permit. In fact, the authority of the Region to administer the permit is an authority born by Hinder Ordonnantie which is a legally binding regulation of wetgevende organization in colonial Indonesia. Legal research conducted with historical approaches and legislation is intended to describe the authority of the Region in organizing Nuisance Permits.
REPRESENTASI KESETARAAN GENDER DALAM UNDANG-UNDANG PEMILU SERTA PENERAPANNYA BAGI PEREMPUAN BALI Adi Widnyana, I Made
VYAVAHARA DUTA Vol 15, No 1 (2020): MARET 2020
Publisher : Institut Hindu Dharma Negeri Denpasar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25078/vd.v15i1.1408

Abstract

The purpose of this paper is to see the extent to which the Election Law is able to address gender equality in politics and democracy and how Balinese women apply this provision as an opportunity to advance and align themselves in the political field by looking at the results of the elections in Bali. So based on that research method used is normative research that refers to the provisions of applicable regulations and is supported by sources of literature and supporting data.It is known that the Election Law requires a 30% quota requirement for women's representation in the electoral process of each political party. This will be an opportunity for women to be able to align themselves and dilute the backwardness of men who used to dominate, although it is known that this cannot be said to be equal or balanced, but at least women are guaranteed their opportunity to be certain in politics through opportunities chosen rights they have.Balinese women from the results of the implementation of the 2004 legislative elections to 2019 for women's representation in the Bali Provincial DPRD, were able to show a significant increase in representation, so it can be said that Balinese women from time to time are able to take advantage of opportunities and opportunities to participate in the political and democratic equalization.
ANALISIS TUJUAN PEMIDANAAN DALAM PEMBARUAN HUKUM PIDANA NASIONAL TERKAIT TINDAK PIDANA ADAT (STUDI DELIK ADAT BALI) Suardana, I Wayan; Putra, I Made Walesa
VYAVAHARA DUTA Vol 16, No 2 (2021)
Publisher : Institut Hindu Dharma Negeri Denpasar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25078/vd.v16i2.2911

Abstract

Reform of the National Criminal Law is absolutely necessary with political, practical and sociological considerations. The amend of Criminal Code also include adjustments of the punishment aims, which leads to restorative justice. Likewise the sanctions for criminal offense in adat law, the punishment is less than optimal if only imposed the freedom deprivation to the perpetrator's, it is necessary to make efforts in restoring the situation (balance).This type of research is normative research, by analyzing norms and legislation related to the aim of punishment in customary offenses. The results of the research that is the aim of customary sentencing is not specifically regulated in positive law, but customary criminal law have the power to apply, based: Article 18 B paragraph (2) of The 1945 State Constitution of the Republic of Indonesia, Emergency Law No. 1 of 1951 on Temporary Measure in Organizing the Unity of the powers and procedure of Civil Courts, Law No. 48 of 2009 on Judicial Power, Law No.39 of 1999 on Human Rights, and the Supreme Court Decisions, among others: (1) Decision No. 1644K / Pid / 1988 dated May 15, 1991; (2) Decision No. 984 K / Pid / 1996 dated January 30, 1996. In the positive law, there is a reflection of restorative justice as a concept that developed in modern criminal law in line with the purpose of sentencing the customary offenses. The aim of sentencing as ius constituendum is formulated in Article 55 paragraph (1) of the 2017 Criminal Code Concept which includes resolving conflicts that arise, restoring balance, and bringing sense of peace and secure in the community, which is in line with customary criminal sanctions because of the visible values of customary law; resolve conflicts, restore balance, and bring a sense of peace in society. Keywords: Analysis, Purpose of Sentencing, Criminal Law Reform, Customary Criminal Act
Perlindungan Terhadap Konsumen Dalam Jual Beli Rumah Melalui Developer di Kota Denpasar Sulistyawati, Ni Putu Yunika; Yuniari, Ni Made; Trisnadiasa, I Nyoman Agus
VYAVAHARA DUTA Vol 14, No 2 (2019): SEPTEMBER 2019
Publisher : Institut Hindu Dharma Negeri Denpasar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25078/vd.v14i2.1240

Abstract

The results of research entitle the protection of consumers in buying and selling houses through developers in Denpasar is only limited on minor damages when the guarantee given by the developer, in the case of buying and selling houses through developers in Denpasar concerning the issue of consumer rights both safety, comfort and security in occupy housesthat are purchased through the Developer. As for the resolution of the problem between the developer and theconsumer in Article 52 of Law Number 8 of 1999 concerning Consumer Protection and the absence of a settlement in the court institution. In the empirical level, the solution is choosing a consensus and if there is no agreement between the two parties, then asking help from the Notary as the mediator is needed. The constraints faced by developers and consumers in resolving disputes of law No. 8 of 1999 concerning consumer protection, namely the constraints faced by socio-juridical namely due to the lack of understanding of consumers and developers toward the existence of the Consumer Protection Act, andthe lack of socialization in the community about the existence of the Consumer Protection Act. In this case, the non-juridical constraints due tothe lack of human resources, both those that are on the developer and the consumers, beside that the facilities and devices do not support it. Therefore, the efforts would be made in order to be able to resolve the problem of housing consumer dispute in Denpasar. Another obstacle is the lack of consumers’ aspirations in choosingthe resolution ofthe consumer dispute until the judicialroute. The efforts that is made both by developers and consumers in dealing with obstacles in the settlement of buying and selling houses through developers, namely: legal protection for the people. It is divided into 2, Preventive Efforts (Preventive) and Refressive efforts.

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