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<![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[ANALISIS YURIDIS PEMIDANAAN TERHADAP TAX EVASION DAN TAX AVOIDANCE (STUDI KASUS PANAMA PAPERS) ]]>
<![CDATA[Danyathi, Ayu Putu Laksmi]]>;
<![CDATA[Putra, I Made Walesa]]>
<![CDATA[ VYAVAHARA DUTA Vol 15, No 2 (2020): September 2020 ]]>
Publisher : <![CDATA[Institut Hindu Dharma Negeri Denpasar ]]>
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DOI: 10.25078/vd.v15i2.1816
<![CDATA[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  ]]>
<![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[PROSES HUKUM PERKAWINAN ADAT BALI DENGAN PENDEKATAN ILMU FILOLOGI ]]>
<![CDATA[Subrata, I Nyoman]]>
<![CDATA[ VYAVAHARA DUTA Vol 15, No 2 (2020): September 2020 ]]>
Publisher : <![CDATA[Institut Hindu Dharma Negeri Denpasar ]]>
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DOI: 10.25078/vd.v15i2.1812
<![CDATA[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]]>
<![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[PERJANJIAN PERKAWINAN DALAM PERKAWINAN PADA GELAHANG ]]>
<![CDATA[Mantra, I Gede]]>;
<![CDATA[Januariawan, I Gede]]>;
<![CDATA[Yanti, Ni Putu Linda Mega]]>
<![CDATA[ VYAVAHARA DUTA Vol 15, No 2 (2020): September 2020 ]]>
Publisher : <![CDATA[Institut Hindu Dharma Negeri Denpasar ]]>
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DOI: 10.25078/vd.v15i2.1817
<![CDATA[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]]>
<![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[TINGKAT PARTISIPASI PEMILIH DENPASAR DALAM PILKADA 2018 ]]>
<![CDATA[Widnyana, I Made Adi]]>
<![CDATA[ VYAVAHARA DUTA Vol 15, No 2 (2020): September 2020 ]]>
Publisher : <![CDATA[Institut Hindu Dharma Negeri Denpasar ]]>
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DOI: 10.25078/vd.v15i2.1813
<![CDATA[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 ]]>
<![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[MENERAPKAN AJARAN PURGE SEBAGAI WUJUD DEMOKRASI ]]>
<![CDATA[Michael, Tomy]]>
<![CDATA[ VYAVAHARA DUTA Vol 15, No 2 (2020): September 2020 ]]>
Publisher : <![CDATA[Institut Hindu Dharma Negeri Denpasar ]]>
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DOI: 10.25078/vd.v15i2.1818
<![CDATA[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]]>
