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Kerta Dyatmika
Published by Universitas Dwijendra
ISSN : 19788401     EISSN : 27229009     DOI : https://doi.org/10.46650/kd.17.1.812.1-10
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
KERTA DYATMIKA is a Journal of Legal Studies published by the Faculty of Law of the University of Dwijendra which publishes research results and conceptual ideas in the field of law that are packaged normatively or empirically related to government policy, jurisprudence or actual legal issues in the community. KERTA DYATMIKA has an International Standard Serial Number with number P ISSN 19788401, E ISSN 27229009 which is regularly published 2 times a year in March and September. In every publication, KERTA DYATMIKA presents scientific articles written by academics within the Faculty of Law of the University of Dwijendra and other University academics as well as writers who come from legal practitioners of government or private agencies. The KERTA DYATMIKA publication is aimed at all Dwijendra Universitys Faculty of Law students, academics, legal practitioners, state administrators, and other communities who need this publication.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 125 Documents
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PEMBAHARUAN HUKUM PIDANA MENGENAI KETENTUAN PIDANA NARKOTIKA Yanuar, SH.,L.LM, Fahmi
Kerta Dyatmika Vol 12 No 1 (2015): Kerta Dyatmika
Publisher : Fakultas Hukum Universitas Dwijendra

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (181.552 KB) | DOI: 10.46650/kd.12.1.253.%p

Abstract

ABSTRACTWelfare for every citizen in Indonesia should be guaranteed, whether citizens who are dealing with the law or citizens who are serving a sentence, but in the handling of the offender and drug addicts do not go according to the dicitaka to attain by the Indonesian State, where the case handling narcotics tend actors placed in prison by a state that is still addicted to narcotics, it then makes that the handling of the perpetrators of narcotics placed in custody improper and ineffective and prevent narcotics.In criminal law enforcement needed renewing them in terms of renewal of criminal material, formal criminal law and criminal reform implementation. Updates are run through a set element can be convicted of an act with the concept of the draft new KUHP adhering to the law as the main source of law is the Law, but expands materially formulation of the laws of life in society. Furthermore, in a formal renewal is meperluas with strict accountability and accountability replacement, renewal implementation in criminal, applied Punishment formulated on the purpose of punishment, namely the protection of society and the protection / individual coaching criminals as well as to position the death penalty as a kind of punishment that are exceptional / special. Criminal prosecution against the perpetrators of narcotics and criminal provisions against perpetrators of abuse of these drugs should be prioritized in terms of treatment and care, rather than directly stated punished and placed in LAPAS. The aim is to prevent and combat illicit trafficking, to realize it must first eliminate the effects of dependence that exists within the drug addicts. 
BENTUK PENERAPAN SISTEM NEGARA HUKUM PADA JAMAN KLASIK (JAMAN YUNANI KUNO DAN JAMAN ROMAWI KUNO) WIJAYA, MADE HENDRA
Kerta Dyatmika Vol 12 No 1 (2015): Kerta Dyatmika
Publisher : Fakultas Hukum Universitas Dwijendra

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (459.936 KB) | DOI: 10.46650/kd.12.1.261.%p

Abstract

ABSTRACT         This research is titled â??Implementation Form of Rule of Law in the Classic Ages (Ancient Greek and Rome Ancient)â?, with using background about Rule of Law system and theory from the Dicey, Stahl and Brian Z Tamanaha, to  knowing regarding how implementation from the ancient people to use the mind the rule of law. with the purpose how can we later to get using comparatively to implementation from ancient people with modern people for  currently.        This research have two problem, the  first is How does Implementation form rule of law in Ancient Greek, and the second is How does Implementation form of Rule of Law in Rome Ancient. This research method using is normative law which using the legal research that examines the written laws of various aspects, ie: Theory, History, philosophy, with using history approach.        In this research found that Greek and  Rome ancient using implementation rule of law, that look in  greek and rome ancient using implementation rule by law not rule by man, and implementation the separate power,  in implementing their governments,  their officials and their  judges are bound by law. Keywords :  implementation, Rule of Law,ancient Greek, ancient Rome  
ANALISIS YURIDIS KREDIT SINDIKAT INDRADEWI, SH.,MH, A.A SAGUNG NGURAH
Kerta Dyatmika Vol 12 No 1 (2015): Kerta Dyatmika
Publisher : Fakultas Hukum Universitas Dwijendra

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (364.716 KB) | DOI: 10.46650/kd.12.1.357.%p

Abstract

Abstrak Ketentuan Undang-Undang Nomor 10 Tahun 1998 tentang Perbankan menyebutkan bahwa salah satu usaha Bank selain menghimpun dana dari masyarakat namun juga dapat memberikan kredit. Dan dalam ketetuan pasal 1 butir 11 Undang-Undang Nomor 10 Tahun 1998 tentang Perbankan dirumuskan bahwa Kredit adalah penyediaan uang atau tagihan yang dapat dipersamakan denga itu, berdasarkan persetujuan atau kesepakatan pinjam meminjam antara bank dengan pihak lain yang mewajibkan pihak peminjam untuk melunasi utangnya setelah jangka waktu tertentu dengan pemberian bunga. Pada kredit sindikasi suatu sindikasi yang peserta â?? pesertanya terdiri dari lembaga â?? lembaga pemberi kredit yang dibentuk dengan tujuan untuk memberikan kredit kepada suatu perusahaan yang memerlukan kredit untuk membiayai suatu proyek. Kata Kunci : Kredit Sindikasi, Kreditur Debitur, Jaminan.
PERANAN LEMBAGA PEMBERDAYAAN MASYARAKAT DALAM SISTEM ADMINISTRASI PEMERINTAHAN DESA DI KABUPATEN BADUNG DYATMIKAWATI, SH.,M.Hum, Dr. PUTU
Kerta Dyatmika Vol 12 No 1 (2015): Kerta Dyatmika
Publisher : Fakultas Hukum Universitas Dwijendra

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (62.722 KB) | DOI: 10.46650/kd.12.1.363.%p

Abstract

ABSTRACTImplementation of development is not merely the duty and responsibility of the government alone, but rather an obligation and responsibility of all nations and all levels of Indonesian society. Through the rural development communities are required to have tenacity and toughness having the capability to overcome all obstacles and barriers in order to develop and stability of the region.The success of rural development allows the distribution of development and its results lead to the creation of social justice for all people, as well as creating a stable economy and the stability of a healthy and dynamic region in accordance with the system of administration village under Law No. 32 of 2004 on Regional Government, namely that rural development is carried out through a process, which is a series of rural development programs ongoing and accounted for in accordance with the implementing regulations of the village administration.
PENGARUH KARAKTERISTIK INDIVIDU DAN ETOS KERJA TERHADAP EFEKTIVITAS PENYELESAIAN PERKARA PADA SATUAN RESKRIM POLRES JEMBRANA LATIF, MUH. WAHYUDIN
Kerta Dyatmika Vol 12 No 1 (2015): Kerta Dyatmika
Publisher : Fakultas Hukum Universitas Dwijendra

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (649.807 KB) | DOI: 10.46650/kd.12.1.364.%p

Abstract

ABSTRAKThe main task of the police is to maintain public order and law enforcement. Affirmation of special police powers in performing police duties governed by Article 2 of Law No. 2 of 2002 on the Indonesian National Police. Police must act professionally and holds the code of conduct strictly and hard, so it is not easy to fall to the hated spectrum of society. On behalf of the law, the police were given greater authority. In fact, this authority is not given to any institution to force even curb freedoms and human rights, among others, capture, detain, search, seize, ordered to stop, prohibit people leave the place, checking the identity of a specific person. The main problem in this paper is "whether there is the influence of individual characteristics and work ethic of the effectiveness of settling disputes in the Criminal Police Unit Jembrana?" While the sub subject matter is whether there is the influence of individual characteristics on the effectiveness of the settlement ?, whether there is an influence on the effectiveness of the completion of the work ethic ?, matter whether there is influence of individual characteristics and work ethic of the effectiveness of the settlement?The approach used is quantitative and survey method. Population and sample of 58 people who are members of the Criminal Police Unit Jembrana. Data collection techniques using questionnaires. Data were analyzed using the research instrument test (validity and reliability), the classic assumption test and test hypotheses.Based on the research findings and discussion, it can be concluded; (a) The effect of the individual characteristics are significant to the effectiveness of settling disputes; (b) the work ethic is a significant influence on the effectiveness of settling disputes; (c) the effect of individual characteristics and work ethic is simultaneously significantly to the effectiveness of the settlement.As for suggestions - suggestions put forward by the authors of the research that has been conducted, among others; 1) is recommended in order to provide reinforcement to the work ethic Jembrana Criminal Police Unit members so that members do not feel compelled to carry out his duties and uphold every job he is performing; 2) suggested that is always committed to provide the best performance with consummate quality management overall (total quality service) to carry out their duties with full responsibility in the discipline works. Keywords: individual characteristics, work ethic, the effectiveness of the settlement.
DIVERSI DALAM UPAYA MEMBERIKAN PERLINDUNGAN TERHADAP ANAK YANG BERHADAPAN DENGAN HUKUM UNTUK MEWUJUDKAN KEADILAN RESTORATIF SATRIANA, MADE WAHYU CHANDRA
Kerta Dyatmika Vol 12 No 1 (2015): Kerta Dyatmika
Publisher : Fakultas Hukum Universitas Dwijendra

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (296.754 KB) | DOI: 10.46650/kd.12.1.365.%p

Abstract

ABSTRACT Treatment of children in conflict with the law receive special treatment that is certainly different from the treatment of adults who are in trouble with the law. The process of diversion of children in conflict with the law in the society, in order to achieve restorative justice to ensure and protect children and their rights in order to live, grow, develop and participate optimally in accordance with human dignity, as well as protection from violence and discrimination. 
MEKANISME PEMBERHENTIAN PRESIDEN DAN/ATAU WAKIL PRESIDEN SETELAH PERUBAHAN UNDANG-UNDANG DASAR NEGARA REPUBLIK INDONESIA TAHUN 1945 PUTRA, AGUS TRIOKA MAHENDRA
Kerta Dyatmika Vol 12 No 2 (2015): Kerta Dyatmika
Publisher : Fakultas Hukum Universitas Dwijendra

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (264.369 KB) | DOI: 10.46650/kd.12.2.367.%p

Abstract

ABSTRACT This research is addressed to two main subject. The first one, how was the president and/or vice president impeachment in the history of public constitution of Republic of Indonesia as well as its comparison with other countries? And the second one, what was the impeachment mechanism of president and/ or vice president after the amendement of Republic of Indonesia Constitution of 1945?  The subjects are studied by using a method of normative legal research with statute approach and legal analytical and conceptual approach as well as comparative approach. The legal collected materials were analyzed qualitatively using interpretation method and legal argumentation. The research shows that the impeachmen mechanism of president and/ or vice president after the 1945 Constitutions amendement was not clearly arranged on the procedure and the legal reason to implement the impeachment. The 1945 Constitution of Republic of Indonesia does not mention the matter explicitly and in detail. The Constitution only regulates the handover of power from president to vice president in case of the president passes away, resigns or unable to perform his obligation within the period of his duty as written in the Article 8 of 1945 Constitution of Republic of Indonesia. That the legal norm says that the phrase â?? the House of Representative opinionâ? formulated in Article 7B of 1945 Constitution is vague and inconsistent and may raise interpretation. Through this thesis, it is suggested that the House Representative complete stipulation of the rule of the law which concerns the mechanism of president and/ or vice president impeachment. Related to impeachment mechanism at the Constitution Court: the court should arrange and draw up Regulation of Constitution Court which describes the implementation of judicature in detail based on the House Representative opinion which accuses president and/ or vice president of being breaking obstructing the law. Key Words: Presidents impeachment mechanism, substitution of power, Act, obstruction of the law.              
KAJIAN TEORITIS PENANGGULANGAN PENYALAHGUNAAN NARKOTIKA SATRIANA, I MADE WAHYU CHANDRA
Kerta Dyatmika Vol 12 No 2 (2015): Kerta Dyatmika
Publisher : Fakultas Hukum Universitas Dwijendra

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (277.261 KB) | DOI: 10.46650/kd.12.2.370.%p

Abstract

ABSTRACT Act No. 35 Year 2009 on Narcotics is a rule that can not be separated from the purpose of the Act, namely to prevent drug abuse and combat illicit trafficking. Law enforcement in order to tackle the abuse of drugs is not enough to implement the law and carry out the proceedings in criminal justice with criminal sanctions (strafsoort) prison, because it felt less effective in law enforcement in Indonesia.In law enforcement would be difficult to seek justice if between law and morals are separated. Moral principles contained in the law is not an agreement on law enforcement alone, but because of the principle - the principle of morality is correct. Law enforcement should be directed to the protection of the public from crime, as well as the balance and harmony of life in society. Rule shared between the Chairman of the Supreme Court, Minister of Justice and Human Rights, the Minister of Health, Minister of Social Affairs, the Attorney General, Chief of Police, and the head of BNN RI, agreed that for users and drug addicts rehabilitation pursued social and medical rehabilitation. Keywords: Narcotics Abuse, Rehabilitation 
TINJAUAN UMUM PERJANJIAN KREDIT DAN LEMBAGA PERKREDITAN DESA (LPD) Jaya, M.Hum, Dr. Drs. M.S Chandra
Kerta Dyatmika Vol 12 No 2 (2015): Kerta Dyatmika
Publisher : Fakultas Hukum Universitas Dwijendra

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (273.647 KB) | DOI: 10.46650/kd.12.2.371.%p

Abstract

ABSTRACT The credit agreement is an agreement to lend money with or without interest, or certain items must be returned in accordance with their respective values at the time agreed upon. Customary law Bali, often referred to Awig-Awig. Awig-awig were made by members of the community together with prajuru / custom Kelihan both written and unwritten, that are not contrary to Pancasila and the Constitution of 1945. In implementing the credit agreement in LPD, an important element is based on the consent of the Kelihan or Bendesa Indigenous Peoples.Thus it can be said that the borrowing is done without consent or Bendesa Indigenous Customary Kelihan is invalid. Completion conducted by Village Credit Institutions in case of bad credit it does not always have to go through Paruman prajuru Village People. If the only way to approach the credit decision has paid off his credit there is no need to mention the Paruman. Keywords: Credit Agreement, Village Credit Institutions. 
RESPONSIBILITIES OF NOTARIS IN PRODUCING DEEDS MADE BASED ON FALSE INFORMATION YOGA, SH.,MH, I GEDE PERDANA
Kerta Dyatmika Vol 12 No 2 (2015): Kerta Dyatmika
Publisher : Fakultas Hukum Universitas Dwijendra

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (294.111 KB) | DOI: 10.46650/kd.12.2.372.%p

Abstract

ABSTRACT In Article 1 paragraph (1) of laws No.2 of 2014 concerning the amendment to the Laws No. 30 of 2014 concerning the office of a notary states that a notary is a Public Official authorized to make an Aunthentic deed and has other authorities as set up in the legislation or under other laws. Deed made before a notary can be classified in two (2) kinds of certificates, namely partij deed/deed of the parties and the deed of relaas/officials. The problem discussed in this thesis is what is the legal regulation of the production of notarial deed in the legislation in Indonesia, what is the legal effect of a deed made based on false information by the parties involved.The conclusion of the study demonstrates that notaris in running his or her office must pay attention to and must be subject to the Laws No. 30 of 2004 concerning the post of a notary which has been amended by the enactment of Laws No 2 of 2014 concerning the amendment to the Laws No 30 of 2004 concerning the office of a notary and ethical codes for a notary which constitutes applicable regulations for moral guidance for a notary profession. A deed that contains false information which is provided by the parties can be cancelled. Deed cancellation can be done by a notary if demanded by the parties who suffer losses. Keywords : Responsibility, Notaris, Deeds, False Information. 

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