Kerta Dyatmika
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.
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125 Documents
<![CDATA[KAJIAN YURIDIS AGUNAN YANG DIAMBIL ALIH (AYDA) OLEH BANK ]]>
<![CDATA[Putu Devi Yustisia Utami]]>
<![CDATA[ Kerta Dyatmika Vol 16 No 2 (2019): Kerta Dyatmika ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Dwijendra ]]>
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DOI: 10.46650/kd.16.2.739.69-77
<![CDATA[Banks in providing credit to community always prioritize the principle of prudence, however, any credit that has been provided by the bank has a risk. To minimize the risk of non performing loan by the debtor, banks often require collaterals. The collaterals submitted by the debtor is mostly in the form of land rights which is then be charged to the Encumbrance Right. When the debtor can’t pay the credit, the bank can execute the encumbrace right certificate of the collateral. However, in the fact that the execution of the encumbrance rights is not as easy as imagined, there are many obstacles that occur, so the bank tries to find other alternatives for the settlement of non performing loan with the Foreclosed Collateral (AYDA) process. In this study the author tries to examine the settlement of non performing loan by the Foreclosed Collateral (AYDA) process in terms of Law On Encumbrance Right. The conclusion in this study is, that the settlement of non performing loans through Foreclosed Collateral (AYDA) process as regulated in article 12 A of the Banking Law has violated the provisions of articles 12 and 20 of the Law On Encumbrance Right.This type of research is a normative legal research with a statutory approach and a legal concept analysis approach.Keywords : non performing loan, bank, collateral, AYDA]]>
<![CDATA[PENEGAKAN HUKUM TERHADAP PELAKU USAHA AIR MINUM DALAM KEMASAN YANG TIDAK DILENGKAPI IJIN EDAR GUNA MENJAGA KEAMANAN PANGAN ]]>
<![CDATA[A.A. Sagung Ngurah Indradewi]]>
<![CDATA[ Kerta Dyatmika Vol 17 No 1 (2020): Kerta Dyatmika ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Dwijendra ]]>
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DOI: 10.46650/kd.17.1.812.1-10
<![CDATA[The problems described in this study is law enforcement against bottled drinking water business actors not equipped with marketing permits to maintain food security and what factors are obstacles to law enforcement against bottled drinking water business operators that are not equipped with marketing permits in order to maintain food safety. This type of research is normative legal research that is moved from the absence of legal norms or legal principles. The absence of legal norms in this study is contained in the provisions of Law No. 8 of 1999 concerning Consumer Protection which does not explicitly regulate bottled drinking water business actors that are not equipped with a marketing authorization to maintain food safety. This study uses a statutory approach and a case approach. The conclusion of this study is the law enforcement against bottled drinking water business actors that are not equipped with a marketing permit to maintain food security, namely by confiscating and destroying bottled drinking water without a distribution permit in maintaining food security based on statutory regulations namely Law Number 18 Year 2012 concerning Food, besides that, administrative sanctions are also given, namely warning letters and statements to bottled water companies that have not yet completed distribution licenses. Inhibiting factors in law enforcement against bottled drinking water business actors that are not equipped with marketing permits to maintain food safety are bottled drinking water companies that are unwilling to be inspected, implementation of supervision conducted by the Central Agency for Drug and Food Supervision, lack of supervisory personnel from the Food and Drug Supervisor, consumers do not understand the rights and obligations as consumers and retailers or retailers of bottled drinking water products are less responsible for their obligations. Keywords : Business actors in bottled drinking water, consumer protection, distribution permit.]]>
<![CDATA[PERAN PEMERINTAH DALAM PERLINDUNGAN HUKUM TERHADAP PEKERJA OUTSOURCING DI PT. BALI DANA SEJAHTERA OLEH PT. BPD BALI ]]>
<![CDATA[I Wayan Artana]]>
<![CDATA[ Kerta Dyatmika Vol 17 No 1 (2020): Kerta Dyatmika ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Dwijendra ]]>
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DOI: 10.46650/kd.17.1.813.11-20
<![CDATA[It is the duty of the Labor Office in an effort to provide protection to outsourced workers as an agency authorized to carry out supervision and enforcement of any violations of labor regulations by employers and workers who have not carried out firmly, especially in favor of employers and tend not to act fairly regarding the fulfillment of rights workers' rights. Therefore, the problem of outsourced workers often occurs, both in terms of wages or extension of the work contract. Based on the background above is: 1) How is the legal protection of outsourcing at PT Bali Dana Sejahtera which is employed at PT BPD Bali?; 2) What is the government role in legal protection for outsourced workers at PT Bali Dana Sejahtera which is employed at PT BPD Bali? The research method used in this paper is an empirical juridical approach. The authors in collecting data use techniques through interviews. Data processing is presented with descriptive qualitative techniques in the form of oral or written words from a subject that has been observed and has the characteristics that the data provided is original data that is not changed and uses a systematic and accountable ways. While the data analysis technique is done to solve the problems contained in the formulation of the problem by using descriptive data analysis that is describing in detail the social phenomena by describing and explaining data obtained from existing theories and the results of research in the field so that they are able to answer existing problems. It can be concluded that the form of protection that can be given is economic protection, namely protection of workers in the form of adequate income, including if workers are unable to work against their will, social protection that is protection of workers in the form of occupational health insurance, and freedom of association and protection of the right to organize, and technical protection, namely work protection in the form of work security and safety. The government role in legal protection for outsourced workers in PT. Bali Dana Sejahtera which is employed at PT. BPD Bali is intervening in labor relations to minimize industrial relations disputes, supervise and take decisive action against all forms of exploitation of outsourced labor, oversee the application of work norms and K3 norms in outsourcing practices, so that there are guarantees from employers to always provide work protection and working conditions for workers and creating regularity in the outsourcing business. Keywords: The outsourcing role in a company]]>
<![CDATA[KEDUDUKAN HUKUM APARATUR SIPIL NEGARA DILINGKUNGAN KEPOLISIAN NEGARA REPUBLIK INDONESIA ]]>
<![CDATA[I Ketut Windia]]>
<![CDATA[ Kerta Dyatmika Vol 17 No 1 (2020): Kerta Dyatmika ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Dwijendra ]]>
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DOI: 10.46650/kd.17.1.815.21-30
<![CDATA[Informants as connecting the tongue intel or the intelligence is very helpful in the process of seeking information in-depth (indepth information). The informant of the scope is broad, the above information indicates that the informant is not only in the governmental environment but also in another. It is very necessary for every entity that needs information, have informants done to be able to as information correction, know the enemy's power and activities that it does or as a shield for an entity to be free from threats facing him. The formulation of the issues raised in this research is how Regulations governing the legal protection of informants who assist the police in the investigation process and what are the legal safeguards against the informants who assist the police in the investigation process. This type of research is a normatof legal research moving from an informant required mobile in his job and is required to always standby in looking for news such as journalists only. Therefore, in the rules of intelligence the informant must be able to enter into, disguise as part of it. The risk is heavy. Dead or tortured by the parties investigated. This study uses an approach that examines the applicable legislation, legal theory, and can be the opinion of scholars related to the problems in this scientific paper is Legal Protection Against Informants Who Helped Police In Investigation. The conclusion of this research is the Regulation that regulate the legal protection of informants who assist the police in the investigation process is Law Number 13 Year 2006 concerning Protection of Witness and Victim namely Article 1 point 6 of the Law of Witness and Victim Protection is any effort to determine the right The right to provide assistance to provide a sense of security to witnesses and victims as well as informants that must be carried out by LPSK (Witness and Victim Protection Agency) or other institutions in accordance with the provisions of this law.Upaya legal protection of informants who assist the police in the process of investigation is now Has been issued Law no. Law No. 13 of 2006 concerning the protection of witnesses and victims, in the Law the forms of legal protection that can be given to witnesses or informants, among others by granting the right to the reporters provided for in Article 5 paragraph Keywords: Legal Protection, Informant, Police, Investigation]]>
<![CDATA[PENYELEWENGAN TUJUAN PENDIRIAN BADAN USAHA PENUNJANG KEGIATAN OLEH LEMBAGA YAYASAN DALAM PERSPEKTIF UNDANG-UNDANG YAYASAN ]]>
<![CDATA[Ida Bagus Bayu Brahmantya]]>
<![CDATA[ Kerta Dyatmika Vol 17 No 1 (2020): Kerta Dyatmika ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Dwijendra ]]>
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DOI: 10.46650/kd.17.1.816.31-43
<![CDATA[This research is entitled "Misappropriation of Establishment Objectives of Supporting Business Activities by Foundation Institutions in Foundation Law Perspectives." The background of this research is the opportunity to misuse Foundation institutions that can occur because the Foundation can carry out business activities to achieve the aims and objectives of establishing the Foundation with how to set up a business entity or participate in a business entity. Article 5 of the Foundation Law stipulates that the wealth of the Foundation, including the proceeds of the Foundation's business activities, is the full wealth of the Foundation to be used to achieve the aims and objectives of the Foundation. Criminal provisions against violations of the Article are regulated in Article 70 of the Foundation Law, for those who violate the provisions of imprisonment for a maximum of 5 (five) years and are obliged to return it. Article 6 of the Foundation Law is used as a shield against the prohibition. This study focuses on two legal issues, namely, how is the Foundation's business activities to obtain profits as capital in managing the Foundation according to the Foundation Law? And what about sanctions for misappropriation of a Foundation's business activities according to the Foundation Law? The research method used in analyzing legal issues in this study is the normative legal research method. This normative legal research is carried out using the statutory approach, the historical approach to the comparative approach. Based on the analysis, it is known that the Foundation Law uses the method of prevention by including provisions that do not allow or at least, complicating the misuse of the foundation by the organs of the Foundation. However, in the Foundation Law there is a legal obscurity that affects the attitude and quantity of non-compliance and has a real effect on legal behavior, including the behavior of lawbreakers. Keywords: Foundation, Criminal, Business Entity, Misappropriation.]]>
<![CDATA[PERJANJIAN SEBAGAI DASAR PENGELOLAAN OBYEK WISATA OLEH DESA ADAT DI KABUPATEN GIANYAR ]]>
<![CDATA[I Nyoman Punduh]]>
<![CDATA[ Kerta Dyatmika Vol 17 No 1 (2020): Kerta Dyatmika ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Dwijendra ]]>
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DOI: 10.46650/kd.17.1.819.44-56
<![CDATA[Abstrak Tourism is one of the mainstays in foreign exchange earnings for national and regional development. For this reason, Indonesia's tourism development must be able to create new innovations to sustain and increase competitiveness in a sustainable manner. At present both at the central and regional levels are regulated according to what is stated in the 1945 Constitution of the Republic of Indonesia Article 18 paragraph (2) states that "Provincial, Regency and City Regional Governments regulate and manage their own government affairs according to the principle of autonomy and co-administration task. â€The granting of broad autonomy to the regions is directed at accelerating the realization of people's welfare through service improvement, empowerment and community participation. Besides that, through broad autonomy, the regions are expected to be able to increase their competitiveness by paying attention to the principles of democracy, equity of justice, special and special characteristics as well as regional potential and diversity in the system of the Unitary State of the Republic of Indonesia. The formulation of the problem in this study is: whether the agreement can be used as the basis of authority by traditional villages in managing tourism objects in Gianyar Regency and whether the obstacles of traditional villages in managing tourism objects in Gianyar Regency. This type of research used in discussing the problem of this study is to use empirical legal research. Empirical law research is research in the form of empirical studies to find theories about the process of occurrence and about the process of working of law in society. The results of the discussion in this study are as follows: Cooperation agreement between the Head of the Gianyar Regency Tourism Office with the Customary Villages and the Tememong Pura which has been in the form of a cooperation agreement between the Head of the Gianyar Regency Tourism Office and the Gunung Kawi Customary Village Tampaksiring Number 9619 / Diparda / 2018, Nomo5 05 / DP-PGK / IV / 2018, this cooperation agreement can be used as the basis of authority by traditional villages in managing tourism objects in Gianyar Regency. Customary villages in managing tourist objects in Gianyar Regency, encountered several obstacles including: Internal barriers, such as Human Resources, management personnel are still low, facilities and infrastructure in tourist objects are still limited, public awareness around the location of objects is still low. External barriers, such as natural disasters such as volcanic eruptions, epidemics such as rabies, bird flu and others and terrorism. Keywords: Customary Village, Tourism, Agreement]]>
<![CDATA[TINDAK PIDANA PENGGUNA IJAZAH PALSU STUDI KASUS PENGADILAN NEGERI KUPANG NOMOR 355//PID.SUS.2015//PN.KPG. ]]>
<![CDATA[Hendrikus Iswanto Sambarita]]>
<![CDATA[ Kerta Dyatmika Vol 17 No 1 (2020): Kerta Dyatmika ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Dwijendra ]]>
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DOI: 10.46650/kd.17.1.822.57-70
<![CDATA[Fake diploma which is a criminal act which is regulated in article 263 of the Criminal Code, and specifically regulated in article 68 of Law No. 20 of 2003 concerning the National Education System and article 93 of Law No. 12 of 2012 concerning Higher Education, for that person to obtain the diploma must go through the educational process in accordance with the applicable rules so that the diploma used can be used properly and it is recognized that someone has passed a certain education, in the case of using fake diplomas there are several legal rules governing the use of diplomas and degrees, generally article 263 of the Criminal Code and specifically regulated in article 68 of Law No. 20 of 2003 concerning the National Education System and article 93 of Law No.12 of 2012 concerning Higher Education, in this case the judge decides to use article 68 Paragraph 2 against the perpetrator using a diploma and a fake Doctorate degree on case No.355 / PID.SUS / 2015 / PN.KPG. where in the concept of criminal law we recognize the principle of the Lex superior derogate legi afriori principle of legal interpretation which states that higher law excludes lower law. This study uses a method of normative legal research or literature study where the type of approach taken is the type of legislative approach (the statuta aproach) approach to legal argumentation (legal reasoning) and the approach of analyzing legal concepts and court decisions, with argumentation and systematization techniques, to knowing ; whether the legal sanctions that can be used by judges in making decisions against perpetrators of fake diploma users and how is the criminal responsibility against the use of fake diplomas, whether the verdicts of the Kupang District Court judges are appropriate to give a redundant effect on the perpetrators. It is hoped that in the case of the crime of forgery of the diploma the author expects law enforcement from the police to be more careful of the process of assigning suspects based on evidence and prosecutors in making indictments to be more careful in applying the articles before delegation to the Panel of Judges so that judges in receiving, examining and adjudicate cases more thoroughly against the facts revealed in the trial and pay more attention to the legal basis that will be applied to the perpetrator, in deciding the case so that it does not become a norm conflict in its application. Key words: Crime, Fake Diploma]]>
<![CDATA[PENGATURAN KENAIKAN PANGKAT PEGAWAI NEGERI SIPIL PENYESUAIAN IJAZAH (Sesuai Dengan Peraturan Pemerintah Nomor 12 Tahun 2002 Tentang Kenaikan Pangkat Pegawai Negeri Sipil) ]]>
<![CDATA[I Dewa Ketut Widana]]>
<![CDATA[ Kerta Dyatmika Vol 17 No 1 (2020): Kerta Dyatmika ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Dwijendra ]]>
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DOI: 10.46650/kd.17.1.824.71-86
<![CDATA[Abstract The ability of the Civil Servants can be improved, one of which is through promotion according to the level of service and adjustment of the diploma obtained. In the general explanation of Government Regulation Number 12 of 2002 concerning Amendments to Government Regulation Number 99 of 2000 concerning Promotion of Civil Servants explained the promotion is an award given for the work performance and dedication of the concerned Civil Servants to the State. in addition, promotion is also intended as an encouragement to Civil Servants to further improve their work performance and service. Based on the background of the problem, the formulation of the problem in this study is as follows: how to regulate the promotion of Civil Servants based on diploma adjustments in accordance with Government Regulation Number 12 of 2002 concerning Promotion of Civil Servants and whether constraints in promotion through diploma adjustment are appropriate with Government Regulation Number 12 of 2002 concerning Promotion of Civil Servants. The type of research used in this study is normative legal research, meaning that the study in this study is based on legal philosophy, legal principles, and applicable legal norms relating to the regulation of promotion of civil servants based on diploma adjustments. This research used a statute approach, a historical approach and a conceptual approach. The conclusion of this study is the regulation of the promotion of Civil Servants based on diploma adjustments, given to Civil Servants who obtain Higher Learning Certificates / Diplomas that are higher than the diplomas used when applying to become Civil Servants. For example, candidates for Civil Servants when appointed as high school / senior high school civil servants, with rank / class II / a, after + 5 years of work obtain a S1 diploma, if adjusted for the diploma be the rank / class III / a Civil Servants. To obtain a higher rank / class of civil servants / or a level higher than the previous rank / class can be carried out if the diploma obtained is in accordance with the Job Job occupied by the civil servant, there is a formation in that place, has permission to study for those who continuing education and having fulfilled a minimum of 3 (three) years in service. Keywords: Promotion, Civil Servants and Diplomas]]>
<![CDATA[PENEGAKAN HUKUM TINDAK PIDANA PUNGUTAN LIAR YANG DILAKUKAN DESA ADAT DITINJAU DARI PERSPEKTIF HUKUM PROGRESIF ]]>
<![CDATA[Ni Luh Sri Mahendra Dewi]]>
<![CDATA[ Kerta Dyatmika Vol 17 No 1 (2020): Kerta Dyatmika ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Dwijendra ]]>
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DOI: 10.46650/kd.17.1.839.86-95
<![CDATA[Since the issuance of Presidential Regulation No. 87 of 2016 concerning the Clean Sweep Task Force (Satgas Saber Pungli), several times law enforcement officers have arrested the officers of the Adat Village who have levied in their territories. These levies are carried out based on the awig-awig and/perarem applicable in the Customary Village, but in the perspective of the Pungli Saber Task Force, these levies are qualified as criminal acts of illegal levies. The law enforcement action creates unrest and raises polemics within the community, so it is important to be investigated. This study aims to identify and analyze two problems, namely (1) regarding the efforts made by law enforcers on acts of illegal fees carried out by Adat Village; and (2) the need for progressive law enforcement against illegal acts of crime committed by Desa Adat. The above problems were examined using normative legal research methods, with a legal approach and conceptual approach. The materials used in this study include legal materials (primary legal materials and secondary legal materials) and non-legal materials, which are collected through literature search techniques in libraries and the internet. The materials that have been found are then read and recorded. After the relevant research materials are collected, they are then processed and analyzed by reasoning techniques and legal arguments, such as legal construction techniques and legal interpretation. The overall results and discussion of this study are presented descriptively. The results of the study show the following conclusions. First, the legal efforts taken by law enforcers against illegal acts of crime committed by Desa Adat are to enforce procedural law with an orientation that emphasizes the provision that anyone who levies outside the statutory provisions qualifies as illegal levies, so that it must be processed law. Second, law enforcers need to implement progressive law enforcement in dealing with illegal acts of crime committed by Desa Adat in order to provide substantive justice to the Desa Adat who carry out levies based on the adat village perarem. Keywords: Customary Village, Illegal Levies, Progressive Law Enforcement.]]>
<![CDATA[KEDUDUKAN HARTA BERSAMA AKIBAT PERCERAIAN MENURUT UNDANG – UNDANG NO 1 TAHUN 1974 TENTANG PERKAWINAN ]]>
<![CDATA[I Wayan Artana]]>
<![CDATA[ Kerta Dyatmika Vol 16 No 1 (2019): Kerta Dyatmika ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Dwijendra ]]>
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<![CDATA[ABSTRACT Divorce is a much discussed issue in public, long before the existence of Law No. 1/1974. That matter has become a conversation, partly because in reality in society a marriage ends up in a divorce, and this seems to happen easily. Even sometimes there are many divorces because of arbitrary acts committed by men. Conversely, it is not easy as a husband can do to his wife in the case of a wife feeling compelled to divorce with her husband, so it often happens that a wife still has the status of a wife but in reality no longer feels herself as a wife.Based on the background above is: 1) What is the status of community property in a marriage due to divorce?; 2) How can separating the community property be carried out due to Divorce?The method used in this study is empirical juridical research. The type of data used is primary data obtained by collecting data from informants in the field (field research). Primary data is data obtained directly from the first source. While secondary data include official documents, books, journals in the form of reports and so forth. Data collection used library research by collecting written legal material in the form of laws, books. Data processing and analysis techniques are data collection processes that are based on all data that has been processed and obtained from primary data in the form of legislation and secondary data taken from direct research. After the data obtained is collected, then it is then processed and analyzed in a quantitative and then presented in a descriptive analysis.The conclusion can be drawn is that all own property together obtained during a marriage is a community property. When a marriage ends due to divorce, all own property together obtained during the marriage (gono-gini assets) must be separated equally in a part for the ex-husband and a part for the ex-wife. The authorities can be asked for help if there are difficulties in the separating of assets. Keywords: community property, divorce, Law No.1/1974]]>
