Jurnal Ilmiah Raad Kertha
Jurnal Ilmiah Raad Kertha is a peer-review scholarly Law Journal issued by Faculty of Law Universitas Mahendradatta which is purported to be an instrument in disseminating ideas or thoughts generated through academic activities in the development of legal science (jurisprudence). Jurnal Ilmiah Raad Kertha accepts submissions of scholarly articles to be published that cover original academic thoughts in Legal Dogmatics, Legal Theory, Legal Philosophy and Comparative Law.
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<![CDATA[Perlindungan Hukum Terhadap Hak-Hak Karyawan Tetap Dalam Hal Terjadi Pemutusan Hubungan Kerja (PHK) Menurut Undang-Undang Nomor 13 Tahun 2003 ]]>
<![CDATA[I Nyoman Suandika]]>
<![CDATA[ Jurnal Ilmiah Raad Kertha Vol 2, No 1 (2019) ]]>
Publisher : <![CDATA[Universitas Mahendradatta ]]>
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DOI: 10.47532/jirk.v2i1.151
<![CDATA[In a work relationship such as other legal relationships it does not always run smoothly,because the wishes of one party (generally workers) cannot always be fulfilled by otherparties (employers), so that this will cause problems in work relationships such astermination of employment (layoffs) ) the formulation of the problem in this study are: 1.What factors cause the termination of employment (FLE) to permanent employees. 2.What is the legal effect if there is a termination of employment (FLE) against permanentemployees according to Law Number 13 of 2003. This study uses a type of normativeresearch, namely research by examining library material or secondary data. Factors thatcaused employers to lay off workers / laborers according to Law No. 13 of 2003 are: a)violations of work agreements, company regulations, and collective labor agreements. b) Violations or serious mistakes. c) Employees are detained by the authorities. d) Due tochanges in company status. e) because the company is closed. e) Because workers arecaught in a criminal case. f) Because the company is closed. g) bankrupt company. h)Workers are absent from their jobs. The legal consequences of termination of employmentwith workers / laborers according to Law No.13 / 2003 in Article 156 paragraph (1) areto give obligations to employers to provide; a) Severance pay, b. Working period awardmoney (service fees). C. Reimbursement of rights. D. Separate money.]]>
<![CDATA[Akibat Hukum Sewa Beli Sepeda Motor Dengan Angsuran ]]>
<![CDATA[I Gusti Lanang Agung Kesuma Jaya]]>
<![CDATA[ Jurnal Ilmiah Raad Kertha Vol 2, No 1 (2019) ]]>
Publisher : <![CDATA[Universitas Mahendradatta ]]>
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DOI: 10.47532/jirk.v2i1.152
<![CDATA[The lease purchase agreement with installments is born from the practice of thecommunity, which is in accordance with the principle of Agreement Law contained in article1338 of the Civil Code, as it is known BW adheres to the system that the lease agreement isonly an obligator, while new ownership rights move by levering . The formulation of theproblem is as follows When will the ownership of the seller switch to the buyer in theinstallment lease agreement? and what are the legal consequences if the buyer fails to pay installments in the installment lease agreement? The method used by conducting fieldresearch is mainly motorbike rental purchases in installments, using primary data andsecondary data. The transfer of ownership rights from the seller to the buyer in a leaseagreement by giving rights and placing obligations on both parties, namely giving the buyerthe right to demand the transfer of ownership rights to the item. Legal consequences if thebuyer neglects to pay installments in an installment lease agreement, ie if there is anegligence of the agreement, the item can be taken or executed because the Debtor debtordoes not fulfill his performance. The conclusion is the switching of ownership rights from theseller to the buyer in the installment lease agreement is if the buyer has paid off themotorcycle installments to the seller or in the lease agreement of movable goods withinstallments of the ownership of the goods has just switched from the seller's hand to thebuyer when paid . Legal consequences if the buyer is negligent in paying.]]>
<![CDATA[Upaya Penanggulangan Tindak Pidana Penyelundupan Pemalsuan Dokumen Kepabeanan Di Indonesia ]]>
<![CDATA[Putu Sekarwangi Saraswati]]>
<![CDATA[ Jurnal Ilmiah Raad Kertha Vol 2, No 1 (2019) ]]>
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DOI: 10.47532/jirk.v2i1.153
<![CDATA[The occurrence of these customs smuggling crimes cannot be changed in the sectorof income tax and import duty / excise for the state, but will be able to influence and bringnegative impacts. Where criminal acts can be carried out by bodies that will integrate goodsabroad or translate goods from abroad, for example by providing customs documents thatare not in accordance with goods exported or imported. Acts of smuggling in falsification ofcustoms documents in addition to economic factors, also by factors in Indonesia, quality ofdomestic industrial products, including barriers to entry of certain types of goods, looseningof supervision, others, the perpetrators themselves do not know that they have committedfraud customs documents. Whereas prevention efforts can be done preventively andrefresively.]]>
<![CDATA[Potret Sebagai Data Pribadi Yang Di Komersilkan ]]>
<![CDATA[Desyanti Suka Asih K.Tus.]]>
<![CDATA[ Jurnal Ilmiah Raad Kertha Vol 2, No 1 (2019) ]]>
Publisher : <![CDATA[Universitas Mahendradatta ]]>
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DOI: 10.47532/jirk.v2i1.154
<![CDATA[Portraitis works of copyrighted photography with human objects. Personal data is data inthe form of personal identities, codes, symbols, letters or numbers of personal identifiers.Personal data includes personal life affairs including (history) someone's communication.Whereas in concept, personal data is not merely information about domestic sphere, but alsoinformation about professional history,professional and public life because a person'spersonal affairs also intersect with the relevant public affairs (interpesonal relationships andalso facts that occur in public spaces). Legitimacy of personal rights is regulated asconstitutional rights as regulated in Article 28G paragraph (1) of the 1945 Constitution ofthe Republic of Indonesia. Portrait in which there are human beings as objects is part ofpersonal data. Portrait is part of human identity that must be protected. The use of unlicensedportraits for commercial purposes can be detrimental to portrait owners not onlyeconomically, this action injures self-identity which can cause a bad image for that person.The use of portraits as personal data without permission for commercial purposes can besubject to criminal sanctions (Copyrights Law) and civil claims (Law on ElectronicInformation and Transactions). This paper discusses how portrait settings are as commercialdata. The purpose of this writing is that the output of the purpose of this paper is as the outputof the Beginner Lecturer Research compiled by the author with the title "CopyrightProtection on Portrait Photographs in Social Media".]]>
<![CDATA[Pengembangan Usaha Terhadap Perempuan Bali Pasca Perceraian Dari Perkawinan Campuran Bermuatan Gender Dalam Hukum ]]>
<![CDATA[Ni Ketut Sari Adnyani]]>
<![CDATA[ Jurnal Ilmiah Raad Kertha Vol 2, No 1 (2019) ]]>
Publisher : <![CDATA[Universitas Mahendradatta ]]>
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DOI: 10.47532/jirk.v2i1.155
<![CDATA[This study aims to examine the opportunities for Balinese women in the field ofbusiness development after divorce from mixed marriages, prioritizing the principle ofgender responsiveness into awig-awig, the application of the burden of tolerance to102menyama braya, the status of krama istri, and carrying out the obligation to dance at thetemple. Tri Kahyangan is the goal of the gender content in the law of the business beingdeveloped. The research method in this study is sociological jurisprudence, and the typeof research is analytic study of legal materials that adopt women's rights in the businessworld. The binding legal material refers to the Republic of Indonesia State ConstitutionArticle 18 B paragraph (2) and the Traditional Village Awigers which refer to the DecreeNumber 01 / KEP / PSM-3/ MDP / Bali / X / 2010 by the Main Assembly of the PakramanVillage ( MUDP) Bali concerning the division of inheritance of Balinese women withstatus (pradana) has the right to inherit even though they have married and followed herhusband, inheritance in the form of assets can be the main capital for businessdevelopment in the context of business law. The determination of the research subject wascarried out by stratified random sampling. Legal material analysis techniques aredescriptive. The results of the study: Balinese women were given the opportunity to beaccepted as wife's manners based on the pre-marital agreement of the bride, bride'sfamily, and traditional village which contained the provision that in the future if anincident of custom divorce is ready to accept and provide opportunities to carry outroutines such as the wives of their wives in general. The implication of the gender contentin the law is that the consensus reference from the results of the women's traditionalvillage meeting that is the status of widows from mixed marriages is given the opportunityto open business opportunities in the local village area, and is entitled to inheritancegrants in accordance with the provisions adopted by MUDP Bali after obtaining anagreement with the family big through family consultation with the traditional village(dharma pula).]]>
<![CDATA[Paradigma Hakim Atas Perlindungan Hukum Anak Luar Kawin Kajian Putusan Mahkamah Konstitusi Nomor 46/PUU-VII/2010 ]]>
<![CDATA[Erikson Sihotang]]>
<![CDATA[ Jurnal Ilmiah Raad Kertha Vol 2, No 1 (2019) ]]>
Publisher : <![CDATA[Universitas Mahendradatta ]]>
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DOI: 10.47532/jirk.v2i1.149
<![CDATA[Article 28b paragraph (2) of the 1945 Constitution provides that "every child has theright to live, grow and develop and has the right to protection from violence anddiscrimination.” Child is the mandate at the same gift of Almighty God, which always shouldwe watch for in her inherent dignity, dignity, and rights as a human being which must beupheld. This paper analyzes the Constitution Court Decision No.46/PUU-VII/2010. Thedecision to make a breakthrough law for children born non-marital child. According toIndonesian civil law that non-marital child only have a legal relationship with his/herbiological mother, and according to the law number 1 of 1974 on Marriage that childrenborn non-marital child have a legal relationship with his/her biological mother dan his/her mother family. problem of this research, how are judge’s law paradigm in Decision No.46/PUU/VII/201. This research is the normative research, using the statutory approach, caseapproach and conceptual approaches. The main data is secondary data. Based on the resultsof the research thatThe judge’s paradigm in the constitutional court ruling is in contrast tothe Indonesian Civil Law and the law number 1 of 1974 on marriage. And according to theverdict non-marital child also has legal relationship with his/her biological father.]]>
<![CDATA[Perkawinan Yang Dicatatkan Pada Kantor Catatan Sipil Tanpa Melakukan Upacara Keagamaan ]]>
<![CDATA[A.A Poetri Paraniti]]>
<![CDATA[ Jurnal Ilmiah Raad Kertha Vol 2, No 1 (2019) ]]>
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DOI: 10.47532/jirk.v2i1.156
<![CDATA[Marriage is one of the important events in human life. Every person orpartner (male and female) if they have married then there is a bond of obligationand rights between them and children born from the marriage. Article 2 paragraph(1) of the marriage law that a marriage carried out according to each religion isthe main principle of a legal marriage. The formulation of the problem in this studyis a. What is the authority of the Desa Adat Institution in Bali in determining themarriage conditions before being registered. b. What are the Terms of MarriageAccording to Customary Law of Bali. that method. by using empirical legalresearch methods, namely legal research conducted because of the gap between theory and reality. In order for marriage to be considered legal as customary, itmust carry out Tri Upa Witness, namely Manusa Witness, Buta Witness, and Godof Witness. And administration must be recorded in the civil registry office.]]>
<![CDATA[Subak Berbasis Tri Hita Karana Dalam Melestarikan Dan Mempertahankan Pariwisata Budaya Di Era Modern Di Kabupaten Gianyar ]]>
<![CDATA[I Wayan Eka Artajaya]]>
<![CDATA[ Jurnal Ilmiah Raad Kertha Vol 2, No 1 (2019) ]]>
Publisher : <![CDATA[Universitas Mahendradatta ]]>
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DOI: 10.47532/jirk.v2i1.150
<![CDATA[Bali as a place of tourism it has its own attraction than with the other touris, the appeal ofthe island of Bali which is in the field of tourism from the beauty of nature, the beauty of thebeaches, diverse arts and culture. One of the uniqueness that can attract tourists to come tothe island of bali is tourism in the field of terasering the ones in familiar wits this traditionalsubak. Along with the development of a more modern, irrigation system traditionally, hasbeen on leave by Sekaha tiller and switched to using the increasingly sophisticated. Subakbased on Tri Hita Karana in preserving and maintaining of tourism cultur in the era ofmodern in Gianyar. Discussion Tri Hita Karana with his village Pakraman is the last fortress to preserve the security and protecting the culture of bali, especially on iririgation systemsubak in Gianyar that has become a world heritage. The subak be done with theestablishment of a awig-awig the ban on the use of machines and chemicals in an irrigationsystem subak and awig-awig associated over the functions of agricultural land, so that theachievement of the subak based on Tri Hita Karana.]]>
