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Jurnal Ilmiah Raad Kertha

raadkertha
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Published by Universitas Mahendradatta

ISSN : 26206595 EISSN : 27235564 DOI : https://doi.org/10.47532/jirk.v3i2

Core Subject : Social,

Social Sciences

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 3, No 1 (2020)" : 8 Documents clear

Pengaturan Kepemilikan Satuan Rumah Susun Bagi Warga Negara Asing Menurut Peraturan Menteri Agraria Dan Tata Ruang/ Kepala Badan Pertanahan Nasional RI Nomor 29 Tahun 2016 Siti Nurmawan Damanik; Gusti Ayu Kade Komalasari
Jurnal Ilmiah Raad Kertha Vol 3, No 1 (2020)
Publisher : Universitas Mahendradatta

The need for homes for individuals, both for a residence and for a place ofbusiness, is the most felt need to be fulfilled. This need is not only for Indonesian Citizens(WNI) but also for the needs of Foreign Citizens (WNA) who are located or working oropening their business activities in IndonesiaIssues discussed are: legal arrangements regarding ownership of apartment units forforeign nationals in Indonesia and legal certainty for foreign nationals in possessingapartment units in Indonesia. Arrangements for foreigners to have flats in Indonesia, theGovernment issued Government Regulation Number 103 of 2015 concerning ForeignOwnership of Residential Houses or Resettlement in Indonesia and the implementingregulations, namely Regulation of the Minister of Agrarian Affairs and Spatial Planning/ Head of National Land Agency Number 13 of 2016. However, ATR Minister Regulation No. 13 of 2016 is considered to be less than optimal, so the Minister of Agrarian replacesthe Ministerial Regulation with Regulation of the Minister of Agrarian Number 29 of 2016which regulates the same thing. With the issuance of a Certificate of Property Rights inthe Flats, a legal certainty is guaranteed, which is one of the objectives of the constructionof flats. As a suggestion, it is necessary to make specific arrangements regardingownership of apartment units by foreigners, as far as providing benefits to the State andnation of Indonesia, bearing in mind that these regulations are still regulated in severalregulations, but there is no specific regulation concerning ownership of apartment unitsfor these foreign nationals. Indonesian citizens are more prudent in carrying out legalactions involving foreign citizens so as not to pose risks in the future.

Karakter Final Putusan Mahkamah Konstitusi Dalam Melaksanakan Kewenangan Sesuai Pasal 24C Ayat (1) Undang-Undang Dasar Negara Republik Indonesia Tahun 1945 Zuhro Nuridahwati
Jurnal Ilmiah Raad Kertha Vol 3, No 1 (2020)
Publisher : Universitas Mahendradatta

The Constitutional Court is within the scope of the Judicial Power and occupiesa strategic position in the Indonesian constitutional structure. MK as one of the stateinstitutions that was born from the reformation in 1998. MK as a judicial institution hasa very important and strategic task, said to be the sole interpreter of the Republic ofIndonesia's state constitution. Article 24C paragraph (1), of the 1945 Constitution of theRepublic of Indonesia, the Constitutional Court has the authority to adjudicate at the firstand last level the final decision to review the law against the Constitution, to decide ondisputes over the authority of state institutions whose authority is granted by theConstitution, to decide upon the dissolution of parties politics, and decide upon disputesabout the results of general elections. The results of the study and analysis, the provisionsof the 1945 Constitution of the Republic of Indonesia and Law Number 24 Year 2003,found legal issues that become legal problems faced by the Constitutional Court, arerelated to their position, competence, and form of decisions, which often makes legalcertainty uncertain or absurd, and conflicts norm, it is very interesting to be studied as acentral theme of the dissertation. Understanding the Position, indicating the position anddegree of the Constitutional Court between state institutions and between the SupremeCourt and the Constitutional Court, while competency shows the competency boundarybetween the Constitutional Court and the Supreme Court, which has attributie authority,first and foremost authority, born from the format of the government system and thedistribution of state power . Attributie authority as the first and main center forresponsibility and at the same time the basis of delegating authority in the form of delegatie.

Perlindungan Hukum Terhadap Perempuan Sebagai Korban Kekerasan Dan Diskriminasi A. A. Sagung Poetri Paraniti; I Wayan Wiryawan
Jurnal Ilmiah Raad Kertha Vol 3, No 1 (2020)
Publisher : Universitas Mahendradatta

Examining a number of issues of violence against women in Indonesialately, has placed women as victims for a very long period of time. This can be seen bythe variation in a number of cases of violence that have implications for all forms ofviolence ranging from physical to intimidation, harassment, humiliation and restrictionof rights as social beings even more visible and organized, namely in the form oftrafficking in women or the coercion of selling themselves. So that women in Indonesiaas a weak group must receive protection. Based on the background of the problemoutlined above, there are several important issues to be discussed further. The problemsare as follows: How is multicomplex legal protection for women as victims of violenceand discrimination, What are the obstacles faced in providing legal protection againstwomen as victims of violence and discrimination. Legal Use Theory. This type ofresearch used in this research is normative legal research which is a scientific researchprocedure to find the truth based on legal scientific logic from the normative side.Violence against women is any action that violates, inhibits, negates the enjoyment andneglect of women's human rights. Based on Komnas Perempuan data, the number ofreported cases of sexual violence in 2017 increased by 74% from 2016. Even in 2019cases of violence against women increased by 14% with a number of 406,178 cases. Theneed for guarantees of protection for women comes along with the awareness to providespecial protection because of the many problems faced by women such as physical andpsychological violence, discrimination, underdevelopment in various fields, and so on.Legal protection for women as victims of violence and discrimination is currentlyregulated in Indonesian law, namely the Criminal Code, Law Number 23 of 2004concerning the Elimination of Domestic Violence, Law Number 21 of 2007 concerningEradication Criminal Acts on Trafficking in Persons, Law Number 39 Year 1999Concerning Human Rights, Presidential Instruction Number 9 Year 2000 concerning Gender Mainstreaming (PUG), Presidential Decree Number 181 Year 1998 concerningthe Formation of the National Commission on Violence against Women or KomnasPerempuan, which was amended by Perpres Number 65 of 2005. Besides that, severalother forms of direct efforts made in providing legal protection for women are throughexisting institutions such as, Integrated Service Centers, and Legal Aid Institutions.There are several obstacles encountered in implementing legal protection againstwomen victims of violence and disks elimination which is caused by several factorsincluding, the substance of the law, law enforcement, culture, facilities and facilities. Forthis reason, there needs to be a number of improvements to a number of components thataffect law enforcement for violence experienced by women, both from human resourceslaw enforcement officers, the establishment of legislation that specifically regulateswomen, and maximizes a number of facilities related to the interests of victims of violenceso that implementation in providing legal protection to women can be properlyaccommodated.

Peranan Hukum Pidana Pada Penyelesaian Sengketa Pembatalan Sertifikat Hak Atas Tanah Oleh Kepala Kantor Wilayah Badan Pertanahan Nasional Eleonora Sinay Moniung; Keyzha Natakharisma
Jurnal Ilmiah Raad Kertha Vol 3, No 1 (2020)
Publisher : Universitas Mahendradatta

Land registration in Indonesia uses a negative publication system. In a negativepublication system, the state only passively accepts what is stated by the party requestingregistration. As a result of this system, every person has the right to make a claim against the landcertificate to be canceled, this land tends to be used by the land mafia to cancel the land incollaboration with an individual. BPN officials therefore in this study discuss the extent to whichcriminal law regulates these acts. This study uses a normative juridical approach. The purpose ofthe term, "approach / approach" is something or (action or effort) approaching or approaching,research specifications used are descriptive analytical methods that describe the role of criminallaw in the completion of the annulment of land with abuse of authority, research sources in researchthese are primary legal materials and secondary legal materials. Data analysis on normative legalresearch is essentially an activity to conduct a mathematical study of written legal materials.Imposing sanctions against BPN officials / Head of BPN who are involved in the cancellation ofland that is not in accordance with procedures and play can be given criminal sanctions as well asby providing criminal sanctions to those BPN officials who play are expected to reduce the numberof illegal land cancellations.

Peran Ganda Hakim Sebagai Mediator Bagi Penyelesaian Perkara Perdata Di Pengadilan Terkait Kode Etik Profesi Dely Bunga Saravistha
Jurnal Ilmiah Raad Kertha Vol 3, No 1 (2020)
Publisher : Universitas Mahendradatta

The integration of mediation by the Supreme Court Regulation No. 1 of2016 on Mediation Procedure Court (hereinafter called Perma 1 of 2016) has given newduties and responsibilities of judges, which in addition to being a judge is also requiredto perform the function of mediator. Mediator and Judge are both legal profession, eachof which has a Code of Ethics and professional characteristics. This research is anormative law, the legal research that lay down the law as a system of building norms inthe form of principles, norms, rules of law, court decisions, agreements and doctrines ofexperts. Perma existence in 2016 has made judges have dual roles that are mutuallycontradictory. The impact of the position and the dual role of judges in the courts is anaccumulation of case files still occur because of the number of judges is not proportionalto the intensity of incoming cases and also due to judges who dominate the judicialmediation process is still very rare to see success. So that the existence of mediation onlybe impressed stalling settling disputes.

Kajian Yuridis Terhadap Ketentuan Wajib Helm Bagi Pengendara Sepeda Motor Berdasarkan Undang-Undang RI No. 22 Tahun 2009 Tentang Lalu Lintas Dan Angkutan Jalan I Gede Ketut Suharta Yasa; Ni Made Rai Sukardi
Jurnal Ilmiah Raad Kertha Vol 3, No 1 (2020)
Publisher : Universitas Mahendradatta

This research is entitled, "Juridical Study of Mandatory Helmet Provisionsfor Motorcycle Riders Under Ri No. Law. 22 of 2009 Regarding Road Traffic andTransportation. "Problems discussed in this study are the Regulations and Criteria forthe mandatory use of Helmets for motorcyclists according to Law No. 22 of 2009concerning Road Traffic and Transportation and the constraints of mandatory helmetusers for cyclists excluded motorcycles. The writing method used in this study isNormative research. One of the fundamental changes in provisions in Law No. 22 of 2009concerning Traffic is obligatory for every motorcycle rider to wear a helmet with anIndonesian national standard (SNI). From the results of a study conducted by the authorabout the obligation of motorcyclists to be obliged to use helmets as regulated in article106 paragraph 8 of Act No. 22 of 2009 concerning Road Traffic and Transportationwhich is not effective where it should require all motorcyclists to use helmets . But it isindeed different for the Province of Bali because of the Governor's Decree of the Head ofthe Bali Region Number 217 of 1986 concerning the Requirement of the Use of a Helmetfor Motorbike Drivers and the person sitting behind him or on a bicycle in the BaliProvince I tolerate drivers motorbikes that use traditional Balinese clothing.

Akibat Hukum Perbuatan Wanprestasi Dalam Perjanjian Hutang-Piutang I Wayan Bandem; Wayan Wisadnya; Timoteus Mordan
Jurnal Ilmiah Raad Kertha Vol 3, No 1 (2020)
Publisher : Universitas Mahendradatta

Accounts payable is a practice of lending and borrowing generally in the formof money as the object of the loan that is done by someone with another person made inan agreement. The agreement itself has been regulated in the provisions of the Civil Code(Civil Code). In civil law the agreement has been regulated regarding the rights andobligations of the parties making the agreement. The party that gives the loan is calledthe creditor while the party that receives the loan is called the debtor. Creditors areentitled to fulfillment of achievements while debtors must carry out their achievements.However, in reality the legal relationship between creditors and debtors, especiallyregarding agreements, is often problematic so that defaults arise. Default is a negligentevent where a person does not carry out his performance or does not fulfill his obligationsaccordingly, thus causing harm to one party. This research is entitled "Legal Effects ofDefaults in the Debt Agreement (Civil Case Study Case No.638 / Pdt.G / 2017 / PN Dps).This study aims to find out how the legal consequences if defaulting and how judgesconsider in deciding default cases (Civil Case Study Case No.638 / Pdt.G / 2017 / PNDps). This research method uses a normative juridical method that is descriptive innature. Data sources consist of primary data, namely interviews and secondary data,namely primary, secondary and tertiary legal data. Methods of collecting data throughliterature studies and field studies (interviews), then the data is analyzed qualitatively.The results of the study concluded that the legal terms of the agreement were inaccordance with article 1320 of the Civil Code (KUHPerdata), namely the existence ofagreements, skills, objects or certain things, legal causes or causes as well as the article1338 Civil Code (KUHPerdata). Judges 'consideration in terminating the disputesbetween the creditors' debt agreement with the debtor in accordance with case No.638 /Pdt.G / 2017 / PN Dps is correct, namely by looking at the evidence both written evidenceand evidence from the parties. Based on the evidence attached to the trial the judgedecided to grant the plaintiff's claim and stated that the defendant was found guilty or indefault.

Perkawinan Beda Agama Yang Dilakukan Di Luar Negeri Berdasarkan Hukum Positif Di Indonesia Soebandi -; Benny Haryono
Jurnal Ilmiah Raad Kertha Vol 3, No 1 (2020)
Publisher : Universitas Mahendradatta

Every religion has provisions governing marriage, so everyone must obeyand be asked for their respective religions. Every Indonesian citizen who marries mustgo through their respective religious institutions. Because marriages based on birthbonds can be accepted as valid, it has been agreed to fulfill in Article 2 paragraph (1) ofLaw Number 1 of 1974, how legal marriages are conducted according to the law of eachreligion and its beliefs. Therefore, marriages must be carried out according to the law ofeach religion and belief, otherwise the marriage is not valid. While all religions inIndonesia do not allow marriages to be held if the two candidates are of differentreligions. For example, for Christians interfaith marriages are not legal, because theyare carried out according to the rules of the Christian religion not in accordance withthe conditions set out in the marriage. Every religion approved in Indonesia. Expellingeveryone to do a marriage different from religion is not in accordance with Indonesianreligious and national law.

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I Nyoman Suandika, SH.,MH

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pakden278@gmail.com

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raadkertha@universitasmahendradatta.ac.id

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Jalan Ken Arok No.10-12, Peguyangan, Denpasar-Bali

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Kota denpasar,

Bali

INDONESIA

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Home Page

OAI Link

Editorial Team

Contact

Reviewer

Google Scholar

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

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

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