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Contact Name
I Nyoman Suandika, SH.,MH
Contact Email
pakden278@gmail.com
Phone
+6287753915495
Journal Mail Official
raadkertha@universitasmahendradatta.ac.id
Editorial Address
Jalan Ken Arok No.10-12, Peguyangan, Denpasar-Bali
Location
Kota denpasar,
Bali
INDONESIA
Jurnal Ilmiah Raad Kertha
ISSN : 26206595     EISSN : 27235564     DOI : https://doi.org/10.47532/jirk.v3i2
Core Subject : Social,
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.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 8 Documents
Search results for , issue "Vol 2, No 2 (2019)" : 8 Documents clear
Pengaturan Dan Kriteria Penertiban Tanah Terlantar Di Indonesia Gusti Ayu Kade Komalasari
Jurnal Ilmiah Raad Kertha Vol 2, No 2 (2019)
Publisher : Universitas Mahendradatta

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (227.739 KB) | DOI: 10.47532/jirk.v2i2.157

Abstract

Neglect of land in rural and urban areas, in addition to being unwise, uneconomic, andunjust, is also a violation of the obligations that must be carried out by right-holders or parties whohave obtained land tenure. Juridical efforts by the government to curb neglected land, in the sense thatit has not been utilized in accordance with the nature and purpose of granting its rights, the Governmentissued Government Regulation No. 11 of 2010 concerning Control and Utilization of Abandoned Landenacted on January 22, 2010. The issue in this journal is 1) What are the arrangements and criteria forregulating abandoned land in Indonesia? 2) What are the inhibiting factors in controlling neglectedland in Indonesia and how to resolve them? The inhibiting factors for the demolition of neglected landare 1) Internal factors, namely the unclear working unit in charge and responsible for theimplementation of control and utilization of neglected land, the limited number of implementing staffand unclear funding for the implementation of these activities. 2) External include: 1) Juridical aspects,among others, the absence of legal provisions and legislation relating to the identification andassessment of neglected in various Central and Regional Government technical agencies and followupefforts with regulations for implementing control and utilization of negatively coordinated land. 2)Sociological aspects, including efforts to confirm the presence of abandoned land through theidentification and evaluation of the field in a coordinated manner involving the relevant agencies, theRegional Government and the local community. 3) Economic aspects, including the coordinated use ofabandoned land for those who need business development facilities in the form of technical assistance,business cooperation and financing.
Penyelesaian Perselisihan Hubungan Industrial Menurut Undang-Undang Ketenagakerjaan I Ketut Simpen; Herry Indiyah Wismani
Jurnal Ilmiah Raad Kertha Vol 2, No 2 (2019)
Publisher : Universitas Mahendradatta

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (236.814 KB) | DOI: 10.47532/jirk.v2i2.164

Abstract

Disputes or disputes are always possible in every human relationship including disputes inwork relations. Industrial relations disputes usually occur between workers / employers and employersor between workers 'organizations / labor organizations and company organizations / employers'organizations. Industrial relations disputes can be divided into two, namely: a) Industrial relationsdisputes according to their nature, which consist of: Collective industrial relations disputes, andindividual industrial relations disputes b) Industrial Relations Disputes according to their type, whichconsist of Rights Disputes and Interest Disputes. This research is a normative legal research that is astudy that mainly analyzes the provisions of positive law and the principles of law, by carrying outsystematic explanations. The problems studied are how is the Industrial Relations Dispute ResolutionMechanism according to the Labor Law. The industrial relations dispute resolution mechanism iscarried out in two ways, namely through a non-litigation path that is carried out by bipartid (eachdisputing party) and tripartid (mediation, negotiation, and consolidation) and through litigationchannels (court lines namely Industrial Relations Control.
Tinjauan Yuridis Terhadap Perceraian Bagi Pegawai Negeri Sipil I Made Gede Adi Palguna
Jurnal Ilmiah Raad Kertha Vol 2, No 2 (2019)
Publisher : Universitas Mahendradatta

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (64.481 KB) | DOI: 10.47532/jirk.v2i2.158

Abstract

Marriage is a bond the inner and outer man and woman as husband and wife with the aim offorming a family or household that is happy and eternal based on one supreme divinity. Divorce is theelemination of the marriage with the decision of the judge or the demands of one of the parties to themarriage.Civil servants who will do the divorce or certificate in advance of the official. Issues raisedin this research is how the procedure to be followed for civil servants to obtain a permit divorce andhow the legal consequences arising from divorce for civil servants. This study is the legal normative,conceptual approach and approach the laws. Legal materials used are the primary legal material andsecondary legal materials. Collection of legal material is done by quoting, summarizing and providesreviews and documentation of primary legal materials. Analysis of legal material used are collectinglegal material which is then analyzed systematically. Procedure to be followed in obtaining permitsdivorce for civil servants is a must have permission from his superiors to those in change of civilservants. Environment, respectively the first to be attempted reconciliation between the husband andwife, if not succesful, then the officer tok the decision at the request of the divorce license with considerthe reason the reason. Legal consequences arising from divorce to civil servants is due to the law of thehusband and wife are legal consequences for children are sharing custody of children as a result ofmarital property, namely the division of joint property or possessions together.
Akibat Hukum Atas Perjanjian Jual Beli Hak Atas Tanah Yang Mengandung Cacat Hukum A. A. Sagung Poetri Paraniti; I Wayan Wiryawan
Jurnal Ilmiah Raad Kertha Vol 2, No 2 (2019)
Publisher : Universitas Mahendradatta

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (175.347 KB) | DOI: 10.47532/jirk.v2i2.159

Abstract

Land for humans has a very important meaning for life itself and together with the community.The importance of land can be seen from the function of the land, namely as a place to stand, for houses,a place to make a living, as a place to worship the Creator and also a place to bury those who havedied. By paying attention to the function of such a large land, the longer it feels as if the land becomesnarrow, while the demand always increases, it is not surprising that the value of the land becomes high.From the importance of the land, it is very necessary to do a study of what is meant by the sale andpurchase agreement of land rights that contain legal defects? What efforts can be taken in resolvingthe sale and purchase of land rights that contain legal defects? This type of research uses legal researchin normative legal aspects that reviews current legislation in Indonesia in relation to the legalconsequences of land purchase and sale agreements that contain legal defects. For the answer all theseproblems, article 1425 of the Civil Code regulates the occurrence of buying and selling and the articlestates that the sale and purchase is deemed to have occurred between the two parties, immediatelyafterwards these people agreed on the material even though the price of the material had not beendelivered or the price not yet paid. With the sale and purchase of the land, it does not mean that the ownership rights in this case the ownership rights to the land have changed. Because the transfer ofownership rights to land needs to be followed by legal actions in the form of Yuridische levering so thatit does not cause legal defects. The legal effect of the land purchase agreement that contains legaldefects is that the seller returns the money from the sale of land to the buyer and the buyer returns thecertificate of land rights to the seller so that it can be canceled due to the seller's fault. Efforts that canbe taken in resolving the sale and purchase agreement on land containing legal defects can be resolvedeither by deliberation, peace or family and if this fails, the solution is through mediation, if it is notfinished, the legal remedies are the last resort.
Tata Cara Penyitaan Dan Pelelangan Serta Perlindungan Barang Milik Wajib Pajak Komang Edy Dharma Saputra
Jurnal Ilmiah Raad Kertha Vol 2, No 2 (2019)
Publisher : Universitas Mahendradatta

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (248.425 KB) | DOI: 10.47532/jirk.v2i2.160

Abstract

Development of taxation should be increased, if not fostered community members resulted inthe taxpayer less responsible and less participate in bearing the burden of the state and in maintainingthe continuity of the national development program. To further enhance the role of the taxpayer inreceipt of state sector of taxes necessary to have a law reform national tax, with the aim of furtherconfirm the independence of the nation to finance national development with the road more on the bestof our ability through increased state revenue through taxation, simplifying the tax system that includesthe type tax, tax calculation of tax payment and tax records, fix the taxation apparatus both concerningthe work procedures, work discipline and mental tax officials, tax burden more fair and reasonable, sothat on the one hand to encourage taxpayers consciousness paying taxes and on the other hand shallThe new tax increases. Law - Tax Law has encountered several improvements and is currently in useAct 16 of 2009 which is to amend Law No. 6 of 1983. Law No.36 of 2008 is an amendment to Law No.7 of 1983 on Income Tax, and Law 42 of 2009 is the change in the Act 8 of 1983 on Value Added Taxand the Goods and Services Sales Tax on luxury goods. In practice, if done auction, items auctionedprice could be lower than the normal price. This could result in losses for taxpayers because the nutrientobject sold at below market prices. Moreover, a thing that is impossible to do by the taxpayer is toreclaim the goods that have been auctioned off, because it belongs to the auction winner based on theminutes of the auction. For that we need a legal protection for the taxpayer / undertaking Taxes on theimplementation of the seizure and auction. Taxpayer / Tax Insurers have the right remedy for the implementation of seizure and auction in question.
Peran Penting Tokoh Masyarakat Dalam Pemberantasan Korupsi Kadek Dedy Suryana
Jurnal Ilmiah Raad Kertha Vol 2, No 2 (2019)
Publisher : Universitas Mahendradatta

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (265.736 KB) | DOI: 10.47532/jirk.v2i2.161

Abstract

The rise of corruption cases revealed lately shows that corruption crime in Indonesia is verymuch a scourge and the heavy duty of the government to eradicate it one by one. Initially corruptionwas still carried out in the form of petty bribes, but now corruption is carried out in the category ofbillions from all aspects, even the last case was revealed to the detention center. It is a tragicphenomenon because our nation is known to have a high cultural morality and a very religiouscommunity. Efforts to eradicate corruption cannot be cut off by what is seen. But must be with broadand deep social movements, leading to social and cultural change. The social movement to eradicatecorruption is a revival of society to jointly correct conditions and bring a better life. The ultimate goalis not only to change the attitudes and behavior of individuals within the community itself, but also tobring about a new social order that is free of corruption. The problem in this journal is how the role ofcommunity leaders becomes very important in the process of eradicating corruption in Indonesia. thecommunity and the encouragement of the community to be aware of corruption must be truly enhanced,including cooperation from the KPK by always providing counseling with community leaders, becausebecause these community leaders are the important spearhead for moving a corruption-awarecommunity system. As a suggestion, the KPK cooperates with community and adat leaders in theformation of rules in the community, for example awig-awig in the Balinese indigenous community.With the awig-awig regulating corruption, it will act as a foundation in the enforcement of anticorruptionitself, which was started at the level of indigenous groups.
Tolak Ukur Pembebasan Pajak Bagi Lembaga Perkreditan Desa (LPD) Di Wilayah Provinsi Bali I Wayan Bandem; I Nyoman Suandika
Jurnal Ilmiah Raad Kertha Vol 2, No 2 (2019)
Publisher : Universitas Mahendradatta

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (244.234 KB) | DOI: 10.47532/jirk.v2i2.162

Abstract

As Article 1 paragraph (3) of the State Constitution of the Republic of Indonesia is the stateof Indonesia is a state of law. Understanding the rule of law is simply a country whose administrationof power is based on law. and Article 1 paragraph (1) of the 1945 Constitution that the Indonesian stateis a Republican unitary state with a government structure that is the Government, Provincial RegionalGovernment, Regency / City Regional Government and the lowest government is the VillageGovernment which has their respective leaders based on legislation applicable legislation. Inconnection with the establishment of the LPD in article 33 of the 1945 Constitution and in Article 18Bparagraph (2) of the 1945 Constitution of the Republic of Indonesia which reads "that the staterecognizes and respects customary law units and their traditional rights insofar as it is still alive andin accordance with the development of society and the principle of the unitary State of the Republic ofIndonesia, which is regulated in law. So the provincial government of Bali based on the Rural CreditSeminar dated February 21, 1984 in Semarang The Governor of Bali initiated the establishment ofVillage Heritage Institutions (LPD) in the province of Bali in the role of national development with theaim of: 1) Encouraging economic development in rural communities through targeted savings andeffective capital distribution; 2) Eradicating the practice of bondage, illegal pawns, and others in thecountryside; 3) Creating business opportunities for villagers and rural workers, and; 4) Increasingpurchasing power and facilitating traffic payments and circulation So that the authors are interested inexamining the Tax Exemption Benchmark for LPDs in Bali Province with the research method used isjuridical-normative research. Taking into account that the starting point of research on legislation andthe fact that it began from the founding of the LPD in 1984 until now has not been taxed. In the courseof its operation the LPD in Bali by the three Ministers in 2009 issued a Joint Decree of the Minister ofFinance, Minister of Home Affairs, Minister of State for Koprasi and Small and Medium Enterprisesand Governor of Bank Indonesia Number.351.1 / KMK.010 / 2009, Number 900-639A in 2009, Number01 / SKB / M.KUKM / IX / 2009, Number 11 / 43A / KRP.GBI / 2009 concerning the DevelopmentStrategy of Microfinance Institutions. Affirmed through a letter from the Minister of Home AffairsNumber 412.2 / 3883 / SJ dated November 4, 2009 to the managers of institutions microfinance thatdoes not yet have a clear institutional status based on the prevailing laws and regulations. So that theGovernor of Bali Made Mangku Pastika on behalf of the provincial government of Bali submits a Letterof Governor of Bali Number 900/8999 / PLP. Ekbang dated 15 December 2009 to Minister of InternalAffairs The Republic of Indonesia prihal; The Strategy for the Development of MicrofinanceInstitutions. Thus, with the issuance of Law Number 1 of 2013 concerning Microfinance Institutions(MFIs), it was stated that the Village Credit Institutions and Pitih Negari Granaries and institutionsthat existed before the Laws were in effect were declared to be based on adat and not subject to thisLaw. The real benefits of the existence of LPD can be proven by the distribution of net profits each yearas profit retribution by dividing the following: 60% for fertilizing LPD business capital, 10%production services for labor, contributions to Indigenous Villages 20% for development funds inPakraman Village, as well as 5% for social funds, and 5% for empowerment funds deposited by theLPD at the agency / agency that is given the authority to regulate and manage them based on the Perdaand Decree of the Governor of Bali.
Otonomi Desa Dalam Pengelola Keuangan Berdasarkan Undang-Undang No 6 Tahun 2014 I Wayan Wisadnya
Jurnal Ilmiah Raad Kertha Vol 2, No 2 (2019)
Publisher : Universitas Mahendradatta

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (142.99 KB) | DOI: 10.47532/jirk.v2i2.163

Abstract

Village is as the lowest form of autonomous government, so that it can implement autonomyproperly, then the administration of its government must have the main factor that is said to beautonomous is the Human Resources factor as the executor, Financial factor, Supporting Infrastructureand Institutional Factors and Institution. Village Government whose existence is directly related to thecommunity and as the spearhead of development, the village government is increasingly required to beprepared both in terms of formulating village policies (in the form of village regulations), planningvillage development that is adapted to the situation conditions and in providing routine services to thecommunity. autonomous people must have the authority and ability to explore financial or revenuesources, manage and use their own finances, in other words there is independence or village autonomyin managing village budget and expenditure expenditure. which is the village's wealth, the compilationof the village's income and expenditure budget, the administration or administration of financial affairsand financial accountability. The problem in this research is whether the Village Law has givenautonomy to village finances, as well as the exercise of authority of the village government in realizingvillage autonomy. This research is a study using Normative Juridical research methods, using legalmaterials, namely the legislative approach and conceptual approach, is a normative analysis showingthat the authority of the village government is based on the principles and legal norms that apply, whilethe conceptual village financial management autonomy.

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