cover
Article Per Year (5 Year)
All
Home Page
OAI Link
Editorial Team
Contact
Reviewer
Google Scholar
Contact Name
I Made Adi Widnyana
Contact Email
jex.pegox@gmail.com
Phone
+6281353178277
Journal Mail Official
dewa_tagel@ihdn.ac.id
Editorial Address
Jln. Ratna Tatasan No.51
Location
Kota denpasar,
Bali
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 152 Documents
 5   6   7   8   9 
TINJAUAN YURIDIS PERLINDUNGAN HUKUM HAK CUTI HAID DALAM UNDANG-UNDANG NO. 13 TAHUN 2003 TENTANG KETENAGAKERJAAN Sudharma, Kadek Januarsa Adi; Artami, Ida Ayu Ketut; Rachella, Baby
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.v16i1.2068

Abstract

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
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.
PENERAPAN PSBB DI KOTA DENPASAR DALAM MENGANTISIPASI COVID-19 Putrawan, I Nyoman Alit
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.v16i1.2319

Abstract

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.
HAK PEREMPUAN HINDU BALI ATAS HARTA WARISAN SUAMI Suka Asih K. Tus, Desyanti
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.v16i1.2199

Abstract

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
PENCURIAN PRATIMA DALAM KAJIAN HUKUM PIDANA HINDU Ekasana, I Made Suastika
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.v16i1.2200

Abstract

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. 
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
FAKTOR-FAKTOR YANG MEMPENGARUHI PENEGAKAN HUKUM TERHADAP PENYALAHGUNAAN NARKOTIKA DI KALANGAN REMAJA (STUDI PADA KEPOLISIAN DAERAH BALI) Mantra, I Gede Putu; Ratmini, Ni Ketut Sri; Jaya, I Nyoman Adhi Harsa
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.v16i2.2914

Abstract

One group that is vulnerable to being carried away by the flow of narcotics abuse is teenagers, this is because teenagers are at the stage of seeking identity, adolescence is a transition to adulthood. The family environment has a very important role in the formation of adolescent personality. Narcotics abuse among adolescents has become a national threat that needs to get serious attention by all elements of the nation. Lack of communication and openness in the family is one of the factors that participate in narcotics abuse among adolescents. This type of research is empirical juridical research, which is a type of research that uses facts that occur in reality in society, the nature of research in this study is descriptive. While the purpose of this study, is to find out the factors that influence law enforcement against narcotics abuse among adolescents.Law enforcement against narcotics abuse among adolescents is influenced by several factors such as, legal substance, legal structure and legal culture. Keywords: Law Enforcement, Narcotics, Youth
SATGAS GOTONG ROYONG PENCEGAHAN COVID 19 BERBASIS DESA ADAT SEBAGAI UPAYA PEMERINTAH PROVINSI BALI MEMUTUS RANTAI PENYEBARAN VIRUS COVID-19 Jatiana Manik Wedanti, I Gusti Ayu
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.v16i2.2689

Abstract

The establishment of the Satgas Gotong Royong Pencegahan Covid-19 or Covid-19 Mutual Assistance Officer Unit is a policy taken by the Governor of Bali Province in responding to the rate of spread of COVID-19 in the Bali Province area. This strategic step is a form of harmonization between the Government and its people in preventing the spread of COVID-19. Prevention through this Task Force is an Indigenous Village-based prevention which is seen as effective in preventing the spread of COVID-19 in the Bali Province area and there is a pararem that strengthens the Task Force in carrying out its duties. Using normative research and qualitative descriptive analysis, it can be concluded that the Task Force for Covid-19 Prevention is an implementation of the harmonization of the Bali Provincial Government with the Balinese customary law community in this case the Traditional Village to jointly prevent and break the chain of the spread of COVID-19.Keywords: Covid-19, Desa Adat, Harmonization, Pararem, Government, Task Force.
HARMONISASI HUKUM PENGANGKATAN ANAK DALAM DESA ADAT DI BALI (SUATU KAJIAN PLURALISME HUKUM) Kantriani, Ni Ketut; Putra, Ida Bagus Sudarma
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.v16i2.2910

Abstract

Offspring is expected in marriage, in Hinduism the purpose of marriage, namely in the book of Manawa Dharmasastra, mentioned that praja (giving birth to offspring). But in reality in marriage not all the wishes that are expected will be achieved. In Bali marriages that do not have children generally perform the rapture of children. According to Balinese customary law the removal of children is generally a child who is raised from the purusha line (from the male lineage), the purpose of the child's rapture is to continue the offspring, responsibility in the form of rights and obligations. The appointment of children for a Hindu married couple who are Balinese, Then the implementation of the child appointment process should follow the provisions of Hindu law, then Balinese customary law (awig-awig and pararem) that applies in each customary village in addition to also still referring to the process of child adoption procedures that have been regulated in the applicable legislation in Indonesia. Based on this background, the issues discussed can be formulated as follows: 1. How to regulate the shahnya rapture of children according to customary law, Hinduism and National Law. 2. How the process of carrying out the appointment of children in indigenous villages in Bali is studied from legal pluralism. concepts: harmonization of law, adoption of children, pluralism of law, theory using legal pluralism (John Griffiths) and living law theory (Eugene Ehrlich), type of empirical legal research, descriptive nature of research, type of data qualitative and sourced from primary data and secondary data, using methods of data collection, obsenvation, interview, and literature. Determination of informants using non probability sampling, the instrument used by mobile phones, management and qualitative and systematic descriptive analysis. The results of research 1) The regulation of the shahnya child appointment can be seen from 3 legal bases, namely national law, customary law, and religious law. 2) In the process of carrying out the adoption of children in indigenous villages in Bali on the point of view of legal pluralism, namely the combination of three basic legal rules, including national law, customary law (awig-awig and pararem), and religious law (Hindu law), where the three legal bases run simultaneously in the implementation of child adoption in harmony, and balance, so as to create a harmony of law in the implementation of child appointment in indigenous villages in BaliKeywords: Harmonization of the Law, Adoption of the Child, Pluralism of Law 
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.

Page 7 of 16 | Total Record : 152

 5   6   7   8   9 

Filter by Year

2018 2021


Reset
Filter By Issues
All Issue Vol 16, No 2 (2021) Vol 16, No 1 (2021) Vol 15, No 2 (2020): September 2020 Vol 15, No 1 (2020): MARET 2020 Vol 14, No 2 (2019): SEPTEMBER 2019 Vol 14, No 1 (2019): MARET 2019 Vol 13, No 2 (2018): SEPTEMBER 2018 Vol 13, No 1 (2018): Maret 2018