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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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PERSYARATAN STATUS BELUM KAWIN BAGI PELAMAR KERJA DALAM REKRUTMEN KERJA I Wayan Agus Vijayantera
Kerta Dyatmika Vol 18 No (1) (2021): Kerta Dyatmika
Publisher : Fakultas Hukum Universitas Dwijendra

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46650/kd.18.(1).1064.45-55

Abstract

Abstract Job recruitment is a process carried out by employers to find prospective workers who are in accordance with the positions and positions required by the company. Job recruitment is usually announced by the employer with several conditions as criteria for job candidates that the company needs. Requirements for unmarried status set in job recruitment can have an impact on the loss of job opportunities for prospective workers who are already married. Based on this, it is necessary to carry out an analysis with normative legal research methods regarding legal considerations to determine the requirements for unmarried status for job applicants in job recruitment and whether or not norm construction is required related to norm vacancies.regarding the stipulation of conditions in job recruitment, especially regarding the unmarried status of prospective workers. In the discussion, the legal consideration for stipulating the requirements for unmarried status in job recruitment is the absence of norms related to this matter so that it is permissible to determine the requirements for marital status in job recruitment which has become the habit as a legal basis for determining certain conditions in job recruitment. The impact of this is the loss of job opportunities by prospective workers who are already married, so it is necessary to provide legal protection, especially with the construction of norms in the hope that everyone can get fair and decent work opportunities.
PENGATURAN PENDAFTARAN PENDIRIAN CV BERDASARKAN KUHD DAN PERATURAN MENTERI HUKUM DAN HAK ASASI MANUSIA NOMOR 17 TAHUN 2018 Anak Agung Kompiang Gede; A.A.Sagung Ngurah Indradewi
Kerta Dyatmika Vol 18 No (1) (2021): Kerta Dyatmika
Publisher : Fakultas Hukum Universitas Dwijendra

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46650/kd.18.(1).1065.56-67

Abstract

This research is motivated by the existence of conflicting norms about the registration arrangements for the establishment of Commanditaire Vennotschap (CV). According Article 23 of the Commercial Law Code, the deed of establishment of the Vennotschap Commanditaire (CV) and Article 3 of the Minister of Law and Human Rights Regulation No. 17 of 2018. The problem studied is: (1) How do the registration arrangements for the establishment of a CV be reviewed from the KUHD and Minister of Law and Human Rights Regulation Number 17 of 2018 ?. (2) What are the legal consequences if the provisions of Article 3 of the Minister of Law and Human Rights Number 17 of 2018 are not implemented in the process of establishing a CV?. The type of research used is normative legal research using a statutory approach and an analytical conceptual approach. Based on the results of the study it can be seen that: (1) CV establishment registration arrangements in terms of the KUHD and Minister of Law and Human Rights Regulation Number 17 of 2018 according to norm conflicts between the Minister of Law and Human Rights Regulation No. 17 of 2018 with the KUHD, it is necessary to review the position of each of these laws and regulations. In a hierarchical regulation, the Minister of Law and Human Rights Regulation No. 17 of 2018 has a lower position than the KUHD. The legal consequence is that the Regulation of the Minister of Law and Human Rights Number 17 Year 2018 cannot rule out the KUHD, so the obligations / arrangements contained in the KUHD for the sake of law must be considered to remain valid. (2). Legal consequences if the CV does not implement the provisions of Article 3 of the Minister of Law and Human Rights Regulation No. 17 of 2018 is that there are no legal consequences in the Minister of Law and Human Rights Regulation No. 17 of 2018. This can prove that the regulation cannot provide legal certainty for the community.
TINDAKAN KEBIRI KIMIAWI TERHADAP PELAKU KEKERASAN SEKSUAL ANAK DAN KAITANNYA DENGAN TENAGA MEDIS Ni Komang Ratih Kumala Dewi
Kerta Dyatmika Vol 18 No (1) (2021): Kerta Dyatmika
Publisher : Fakultas Hukum Universitas Dwijendra

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46650/kd.18.(1).1067.68-80

Abstract

The crime of sexual violence is a crime against society, especially children. In order to protect children's growth and development, the government issued Law Number 27 of 2016, to impose additional sanctions in the form of chemical castration. There is a principle conflict in the imposition of castration sanctions for medical personnel who will become executors, on the one hand carrying out orders from statutory regulations and court decisions, on the other hand medical personnel have the principle of healing and respecting human life naturally in accordance with the professional oath. The purpose of this study is to determine the regulation of castration sanctions and to know the basis for the actions of medical personnel, the method used is normative legal research. The results of his research on the regulation of castration sanctions are regulated in the provisions of Article 81 paragraph 7 of Law No. 27 of 2016 and Government Regulation number 70 of 2020, then Government Regulation Number 77 of 2020 becomes the basis for implementation guidelines which in the provisions provide legitimacy and orders to medical personnel and psychiatrists to carry out the task of providing chemical castration based on justice.
PERANAN ODITUR MILITER DALAM PEMBUKTIAN TINDAK PIDANA PERZINAHAN OLEH ANGGOTA MILITER TERHADAP KELUARGA BESAR TNI (KBT) Ferry Youdiek Oktariawan Eka Jaya
Kerta Dyatmika Vol 18 No (1) (2021): Kerta Dyatmika
Publisher : Fakultas Hukum Universitas Dwijendra

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46650/kd.18.(1).1068.81-92

Abstract

ABSTRACT Military Attorney as public prosecutors within the TNI have the primary function of carrying out prosecutions in trials in Military Courts based on legal evidence by always observing religious, humanitarian and moral norms and having to explore the legal and justice values ​​that live in society and must pay attention to the interests of national defense and security. This study aims to find out how the role of Military Attorney as public prosecutors in military justice is in accordance with Law Number 31 of 1997 concerning Military Courts in conducting the verification process, as well as examining trials of adultery crimes committed by members of the military against the TNI Large Family in Military Courts III-14 Denpasar. 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 are Military Attorney in proving adultery crime which is to present witnesses, defendants and examine evidence and Military Attorney are able to prove the elements in their claims, both in examining witnesses, defendants and evidence of adultery cases in the Military Court III-14 Denpasar conducted in private, but for reading indictments and claims made openly for Witnesses who were unable to present their statements can be read in accordance with the minutes of the examination.
KEDUDUKAN PENERIMA FIDUSIA DALAM PEMBEBANAN JAMINAN FIDUSIA YANG DIBUAT DENGAN AKTA DIBAWAH TANGAN Ni Made Trisna Dewi
Kerta Dyatmika Vol 18 No 2 (2021): Kerta Dyatmika
Publisher : Fakultas Hukum Universitas Dwijendra

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Abstract

Abstract In the practice of banking, material guarantees are preferred by banks, one type of material guarantee known in positive law is fiduciary guarantees, as guarantee institutions for movable objects. In banking practice, fiduciary guarantees cannot be separated from credit problems. As a material guarantee in banking practice, fiduciary guarantees are very popular and popular because they provide benefits for people who need funding/credit for small and medium-sized communities. The problems that will be discussed in this study are: 1) Does the imposition of a fiduciary guarantee with an underhand deed have binding power? and 2) What is the position of the recipient of the fiduciary guarantee in the case that the imposition of the fiduciary guarantee is made with a private deed?The research method used in this paper is an empirical legal research method, namely legal research based on the results of field research on a predetermined research object. Then it is associated with statutory provisions based on a normative study by examining a legal product based on theories and legal principles directly, in order to obtain material truth in order to obtain improvements in the preparation of this research.The results of this study are: 1) The imposition of an authentic deed guarantee, namely a notary deed. The imposition of a fiduciary guarantee which is only made with a deed under the hand does not have binding power, because it contains a cause that is prohibited or not in accordance with the provisions of the law, 2) The position of the recipient of the fiduciary guarantee in the case of the imposition of a fiduciary guarantee made in a deed under the same hand position with an authentic deed, as long as there are no problems or defaults.
HAK PEKERJA DALAM PERJANJIAN KERJA WAKTU TERTENTU DITINJAU DARI UNDANG-UNDANG NOMOR 13 TAHUN 2003 TENTANG KETENAGAKERJAAN I Wayan Partama Putra
Kerta Dyatmika Vol 18 No 2 (2021): Kerta Dyatmika
Publisher : Fakultas Hukum Universitas Dwijendra

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46650/kd.18.2.1199.11-19

Abstract

Abstract The process of producing goods and services, workers in this case cannot be released in the role of their duties and functions. Not only is it a very valuable asset and cannot be separated from the ongoing business activities. Companies and workers have a very close relationship. Companies rely on workers for the successful production process. Without the role of these workers, the production process will not be good and will not even be able to run. Therefore, there is a need for legal awareness by business actors in protecting the rights of their workers so as to maintain to increase the productivity and stability of the company. Such protection can be done by providing guidance, recognition of human rights, protection of physical and non-physical and socioeconomic through applicable norms and in accordance with the mandate of the Indonesian Repuplik State Constitution of 1945. This research is a normative legal research, namely by examining library materials by conducting a study of the laws and regulations relating to workers' rights in making work agreements. Law No. 13 2003 concerning Manpower is a legal material that the author uses in obtaining data for research.The conclusion of this research is that a fixed-term work agreement is a job based on the type and period of completion of a job. Every worker in a work agreement for a specified period of time has the right to become an employee with an unspecified time work agreement. Unilateral termination of a work agreement for a specified period of time may result in the provision of compensation. The benefits provided to workers in a work agreement for a specified period of time must be in accordance with statutory regulations.
ANALISIS KRIMINOLOGI TERHADAP KEJAHATAN PERJUDIAN ONLINE DI WILAYAH HUKUM KEPOLISIAN DAERAH BALI I Gusti Ngurah Agus Eka Yudha Pratama
Kerta Dyatmika Vol 18 No 2 (2021): Kerta Dyatmika
Publisher : Fakultas Hukum Universitas Dwijendra

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Abstract

Abstrak Crime is all forms of actions and actions that are economically and psychologically harmful that violate the laws that apply in the Indonesian state as well as social and religious norms. The form of crime that has recently been rampant and very worrying is online gambling. Currently, online gambling crimes are still rife in the community due to the lack of maximum law enforcement against online gambling actors. Based on the background of the problem that the author has described above, it can be concluded that several problems were raised in this study, namely as follows: What are the factors that cause online gambling crimes in the Bali Regional Police jurisdiction? And what are the efforts made by the Police in tackling online gambling crimes within the jurisdiction of the Bali Regional Police? The research method used in this study is an empirical legal research method. Empirical legal research is the subject of the study, which is the law that is conceptualized as actual behavior as an unwritten social phenomenon that is experienced by everyone in social life relationships. Factors causing online gambling crimes in the Bali Regional Police jurisdiction where these factors are internal factors and external factors. Internal factors come from the perpetrators of these crimes which consist of low Human Resources (HR) and internet abuse factors. In addition to internal factors, there are also other factors where these factors are external factors where these factors come from outside the perpetrators of the crime where the external factors are economic factors, community factors not obeying the law and environmental factors. Efforts made by the Police in tackling online gambling crimes in the Bali Regional Police jurisdiction include Pre-Emtif Efforts by instilling moral values ​​to the younger generation as well as conducting counseling to the Polres to always be aware of online gambling crimes, preventive efforts in the form of conducting education, Closing good sites that smell like online gambling, and Carrying out monitoring and repressive efforts in the form of conducting investigations, conducting investigations, making arrests, conducting searches, conducting detentions, sealing places that have been proven to be hotbeds for online gambling activities , and Develop the information of the perpetrators who have been caught before.
IMPLEMENTASI PERJANJIAN DALAM PENGELOLAAN LAHAN PARKIR ANTARA DESA ADAT DENPASAR DENGAN PEMERINTAH KOTA DENPASAR I Wayan Arka
Kerta Dyatmika Vol 18 No 2 (2021): Kerta Dyatmika
Publisher : Fakultas Hukum Universitas Dwijendra

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Abstract

Abstract The Denpasar City Government through PERUMDA Bhukti Praja Sewakadarma has made several cooperation agreements with traditional villages in Denpasar City in terms of parking management. From the implementation side, the agreement between the Denpasar City government and the Denpasar traditional village is still experiencing various obstacles and is still not optimal, that the entrepreneur or land owner in this agreement does not get a profit sharing, if the land owner makes a lawsuit against both parties to get the right on the parking lot where they do business, what efforts will be made by both parties. Based on the background of the problems described above, the authors formulate the problem as follows: Does the Denpasar Traditional Village have the authority to manage parking areas in its Traditional Village area? And how is the authority of the Traditional Village to implement the agreement in the management of the parking lot between the Denpasar Traditional Village and the Denpasar City Government?The Denpasar Traditional Village has the authority to manage parking areas in its Traditional Village area where this authority is regulated in Article 103 of Law Number 6 of 2014 concerning Villages. The authority of the traditional village which consists of; regulate and implement government based on the original structure, management of areas under customary authority, preserving socio-cultural values ​​in traditional villages, resolving disputes that occur based on customary law in traditional villages that are in harmony with human rights principles by consensus, peace hearings with customary village court which is in accordance with the provisions of the applicable laws and regulations, maintains a sense of peace and order in the customary village community, develops customary law life in accordance with the socio-cultural conditions of the village community. So that the authority to manage parking areas in the area of ​​their Traditional Village is part of the authority of the Traditional Village in the field of managing areas that are under customary authority. The authority of the Traditional Village in implementing the agreement in the management of the parking area where the Denpasar Traditional Village and the Denpasar City Government are both legal entities so that they have the ability to enter into agreements, in this case the Traditional Village and the Denpasar City Government are in charge of the Perumda Bhukti Praja Sewakadharma to cooperate in management of parking lots in the Denpasar City area with a profit-sharing system, where both parties each have rights and obligations in accordance with the contents of the agreed agreement.
PERLINDUNGAN HUKUM UNTUK TENAGA KERJA YANG DIRUMAHKAN BERDASARKAN UNDANG-UNDANG-UNDANG NO 11 TAHUN 2020 TENTANG CIPTA KERJA I Komang Gede Budiarta
Kerta Dyatmika Vol 18 No 2 (2021): Kerta Dyatmika
Publisher : Fakultas Hukum Universitas Dwijendra

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Abstract

Abstract Based on data from the Ministry of Manpower (Kemnaker) from April 7, 2020, as a result of the Covid-19 pandemic, there were 39,977 companies in the formal sector that chose to lay off their workers and lay off their workers. Of the 39,977 companies, a total of 1,010,579 workers were affected by this. In detail, 873,090 workers from 17,224 companies were laid off, while 137,489 workers were laid off from 22,753 companies. Based on the background, the author formulates the problem, namely What is the status of the laid-off workforce based on Law Number 11 of 2020 concerning Job Creation? What is the form of legal protection for laid-off workers based on Law Number 11 of 2020 concerning Job Creation? The research method used in this study is a normative legal research method in which normative legal research is a legal research conducted by examining library materials or secondary data. using normative case studies. Workers who are laid off still have status as workers and are bound by a working relationship with the company, so they are still entitled to their rights as workers, including the matter of wages where wage arrangements have been regulated in Article 88A paragraph (1) of Law Number 11 of 2020 concerning Job Creation so that if it is not regulated in a work agreement, company regulation, or collective labor agreement, then the laid-off workforce is still domiciled as the company's workforce so that they still get their rights as workers, one of which is the work wage. Legal protection for laid-off workers can fight for their rights through industrial relations dispute settlement mechanisms. In addition, if workers who have been laid off either because of resigning or for other reasons regulated in Law Number 11 of 2020 concerning Job Creation, the workforce also retains their rights as workers, whether they are entitled to severance pay and/or awards. the period of service and compensation that should have been received, without discriminating based on the reason for the layoff.
PENYELESAIAN SENGKETA TANAH AYAHAN DESA DI DESA ADAT UMANYAR KABUPATEN KARANGASEM I Nyoman Ngurah Alit
Kerta Dyatmika Vol 18 No 2 (2021): Kerta Dyatmika
Publisher : Fakultas Hukum Universitas Dwijendra

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Abstract

Abstract Given the importance of the function of land for the Balinese people, it is not uncommon for the use of customary land to cause various problems that lead to customary land disputes. It is very important to identify the legal position in the settlement of customary village father land disputes along with the authority for resolving customary village father land disputes that occurred in Karangasem Regency, so that based on this background the author finds the problem formulation, namely What are the forms of disputes that occur related to village father land in the village Umanyar custom of Karangasem Regency? How is the dispute resolution process related to the village father land that occurred in the Umanyar Traditional Village, Karangasem Regency?.The research method used in this study is an empirical legal research method. empirical legal research where field research is the main thing in activities or processes to find the rule of law, legal principles and legal opinions in order to answer the legal problems faced which of course focus on the behavior of the legal community (law in action).The form of land disputes in the Umanyar Traditional Village, Karangasem Regency, namely the Dispute on Ownership of the Land of Ayahan Desa where usually the disputing parties feel that the land that is the object of the dispute is their land, which is not uncommon for parties to recognize land ownership rights without the land certificate. For example, the Plaba Pura land dispute and the Use Rights Dispute on Ayahan Desa Land. Usually the parties to the dispute feel that the other party has controlled and worked on the land belonging to another person which is the object of the dispute without a legal basis for rights and legal basis, for example plantation land disputes. The process of resolving land disputes based on Awig-Awig in the Umanyar Traditional Village, Karangasem Regency is based on Pawos 23 paragraph (5) awig-awig in the Umanyar traditional village where it is not allowed to sell or ratify village ownership if it is not approved by the village community so that in the event of a dispute it is necessary to village deliberation efforts are carried out with village officials as mediators in mediation efforts to resolve disputes, but if the disputing parties do not find a dispute resolution in the village deliberation, dispute resolution can also be resolved through legal channels if the disputing parties are not satisfied with the results of the mediation decision. customary village and if the disputing parties want it.

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