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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 2 (2020)" : 8 Documents clear

Wewenang Pelaksanaan Diskresi Kepolisian Dalam Upaya Penegakan Hukum (Tinjauan Dari Perspektif Yuridis Normatif) I Wayan Wisadnya
Jurnal Ilmiah Raad Kertha Vol 3, No 2 (2020)
Publisher : Universitas Mahendradatta

Problems regarding Law infoscment (law enforcement), especially in the police discretion, this is not just an option for the police, but is an important and inevitable part of carrying out law enforcement tasks, with the aim of reducing the crime rate, in order to create a safe situation. and orderly in the midst of society and conducive conditions. In the book Black Law Dictionary comes from the Dutch Discretionary language which means Wisdom in terms of deciding an action not based on the provisions of regulations, laws or applicable law, but on the basis of wisdom, consideration or justice. The authority of the National Police in exercising police discretion in law enforcement efforts is carried out by acting in the public interest based on self-assessment and only in very necessary circumstances, with due observance of laws and regulations, such as Law No.2 of 2002 concerning the Indonesian National Police, the Book of Law In addition, the Criminal Procedure Code (KUHAP) and Perkap No.1 / 2009 must also uphold human rights and the Police Professional Code of Ethics. Therefore, problems in the field can be identified, namely: what is the authority of the Police in implementing discretion? and what is the law enforcement effort?, then this study uses the Normative juridical approach, namely an approach based on statutory regulations, as well as legal materials that apply as positive law in Indonesia. So the conclusion is that the authority of the police in implementing police discretion in the effort to enforce the law is carried out by acting alone in the public interest based on self-assessment and only in very urgent situations by taking into account statutory regulations, such as the Police Law, KUHAP and Perkap (Praturan Kapolri No.1 2009), and Upholding Human Rights and the Professional Code of Ethics for the Indonesian National Police.

Pemutusan Hubungan Kerja Dalam Situasi Pandemi Covid19 Menurut Konsepsi Negara Pancasila Ida Bagus Anggapurana Pidada
Jurnal Ilmiah Raad Kertha Vol 3, No 2 (2020)
Publisher : Universitas Mahendradatta

COVID-19 is an infectious disease caused by a newly discovered coronavirus. The new virus and the disease it causes were unknown before the outbreak in Wuhan, China, in December 2019 began. COVID-19 is now a pandemic occurring in many countries around the world. After the issuance of various regulations to stem the spread of covid19, entrepreneurs also took the initiative to save their businesses from bankruptcy. A policy that is widely used by various business companies in Indonesia is termination of employment. enis research used is normative juridical law research. Normative juridical approach. The Pancasila State uses the principle of mutual cooperation in responding to the problem of termination of employment in the COVID-19 pandemic situation. Entrepreneurs cannot easily terminate employment without thinking about the conditions of the workers, especially since their business can still run and make a profit. Workers also still have the right to severance pay even in circumstances that force the Covid pandemic19. This principle of kinship means that between workers and entrepreneurs there is a balance that jointly thinks of solutions to every problem. There is no one-size-fits-all solution to all problems based on the current situation and conditions, however, by building a business concept as a jointly owned business, a sense of belonging will be created that can benefit both parties

Status Perkawinan Gereja Yang Tidak Dicatatkan Di Kantor Catatan Sipil Benny Haryono
Jurnal Ilmiah Raad Kertha Vol 3, No 2 (2020)
Publisher : Universitas Mahendradatta

Marriage is an inner bond between a man and a woman as husband and wife with the aim of forming a happy and eternal family (household) based on the Godhead of the Almighty. However, if marriage is not recorded, it can affect the couple's access to legal activities or moral and social aspects, such as allegedly committing adultery or so on, this has sociological consequences in the community, so that marital registration plays a role in the engineering of social interaction in society. This research uses normative juridical research type. This study uses a statutory approach and a conceptual approach. The legal material analysis technique used is normative analysis, a way of interpreting and discussing the results of research based on the notion of law, legal norms, legal theories and doctrines relating to marital status that are not recorded in the civil registry office. The result of this research is a marriage that is not registered at the Civil Registry Office, so the marriage is still considered valid. However, there are juridical consequences related to the marriage. And the impact on the church's marital status that is not recorded is that they cannot do legal actions and have no legal protection

Perlindungan Hukum Bagi Pembeli Yang Beritikad Baik Terhadap Akta Jual Beli Hak Atas Tanah Yang Tidak Sesuai Dengan Tata Cara Pembuatannya I Nyoman Suryana
Jurnal Ilmiah Raad Kertha Vol 3, No 2 (2020)
Publisher : Universitas Mahendradatta

The growing of importance meaning of the land to human life today may causes increase of the potential for conflicts or land disputes, to prevent or at least to reduce the potential for conflict or dispute are required legal and orderly system of land administration. Therefore isrequired to transfer land rights to be registered must be proven by deed of PPAT. As authentic documents PPAT deed must meet procedures for making the deed of PPAT as determined by the laws and other rules. Making the deed that is incompatible with how making PPAT deed may pose a risk to the certainty of land rights arising or recorded on the basis of such deed. Based on this background the authors give the title of this thesis, The Legal Consequences of Making the Deed of Sale and Purchase of Land That is Incompatible With PPAT Deed Making Procedures. The aim of this study is to determine the forms, causes and legal consequences of making the deed of sale and purchase of land not in accordance with the procedure making the deed of PPAT. Precriptive specification research in juridical normative law method is used. The data source that is used are primary and secondary data. The data is collected by analyzing law expert theories and also library research that are related.The method of juridical approach used is empirical research with prescriptive specifications and data sources used are primary andsecondary data. Collecting data is done by doing library research and field study and then after the data were analyzed conclusion is by using the method of inductive thinking.Based on this research found that, the legal effect of making the deed of sale and purchase of land not in accordance with procedures for making the deed of PPAT is: PPAT can be dishonorably discharged, PPAT deed degraded the strength of proof becomes deed under hand and third parties may utilize it to its interests

Sinkronisasi Peraturan Perundang-Undangan Tentang Kebijakan Bebas Visa Kunjungan Erikson Sihotang
Jurnal Ilmiah Raad Kertha Vol 3, No 2 (2020)
Publisher : Universitas Mahendradatta

In order to guarantee the benefits and protect various national interests as well as in the framework of upholding the state's sovereignty in the immigration sector, it is necessary to stipulate principles, supervision systems, service procedures for the entry and exit of people into and from the territory of Indonesia. The regulation on Visit Visa Free in Indonesian legislation is inconsistent with each other with the application of free visit visas on the basis of reciprocity and the principle of benefit. The Immigration Law stipulates that the granting of visa exemptions must pay attention to the principle of reciprocity and the principle of benefit, while the Presidential Regulation on Visit Visa Free stipulates that the purpose of granting visa exemptions for certain countries is in the framework of tourist visits. Thus, neither the reciprocity principle nor the benefit principle which is the basis for the consideration of granting visit visa exemptions has not been fulfilled in the policy of the Presidential Regulation on Visit Visa Free.

Implikasi Penunjukan Desa Adat Sebagai Subyek Hak Atas Tanah Terhadap Eksistensi Tanah Adat (Study Pada Desa Pejeng Kelod Kabupaten Gianyar) I Wayan Wiasta; I Wayan Eka Arta Jaya; Luh Gede Lilis Widyasanthi
Jurnal Ilmiah Raad Kertha Vol 3, No 2 (2020)
Publisher : Universitas Mahendradatta

The customary land in Bali is known as the Druwe Desa land which is under the authority of the adat village. Traditional village is a term used to refer to religious social institutions that oversee the unity of indigenous and tribal peoples that exist in every village in Bali. Customary villages have the right to autonomy from traditional law to regulate their own households, known as awig-awig. With the promulgation of Bali Provincial Regulation Number 4 of 2019 concerning Customary Villages in Bali further strengthens the existence, functions and duties of traditional villages. So that customary villages are recognized as legal subjects to ownership of land rights. So that customary land in Bali can be registered as communal property rights based on the Decree of the Minister of Agrarian Affairs and Spatial Planning / Head of the National Land Agency Number 276/KEP-19.2/X/ 2017 through Complete Systematic Land Registration in order to guarantee legal certainty. But in fact, there is a concern about the transfer of rights so that it affects the existence of customary land. The specific purpose of this study is to analyze the implications and strategies in maintaining the existence of customary land in the village of Pejeng Kelod. The strategy of maintaining the existence of customary land itself is strengthened by awig-awig and forming a good governance system

Praktik Penadahan Hasil Pencurian Sepeda Motor Di Kabupaten Bima Hajairin Hajairin
Jurnal Ilmiah Raad Kertha Vol 3, No 2 (2020)
Publisher : Universitas Mahendradatta

The practice of deterrence of the results of motorcycle theft in Bima Regency, actually there are different criminal acts, namely criminal detention and theft, in the criminal offense is regulated in Article 480 of the Criminal Code (KUHP) while criminal acts of theft are set in Article 362 of the Criminal Code (KUHP), besides that many people use stolen motorbikes also make it easy for anyone to steal motorbikes, because thieves have no difficulty in selling their stolen products, whereas deterrence of the results of motorcycle theft is a crime committed by a third party as a host, with the intention of benefiting from the results of motorcycle theft committed by another person. The crime of motorcycle theft in the Regency of Bima, appears as a new social problem, collectors not only collect , deviating the results of motorcycle theft in the local area in the district of Bima only, but also can receive motorbike theft and embezzlement of motorbikes in other areas such as the island of Lombok, Java and Jakarta etc. This dynamic explains the existence of structural crimes in motorcycle theft in Bima Regency, the structural can be deterrence in Bima Regency in collaboration with collectors outside Bima Regency to facilitate the deviation of the results of the motorcycle theft

Urgensi Perlindungan Hukum Terhadap Perempuan Dan Anak Korban Kekerasan putu Sekarwangi Saraswati
Jurnal Ilmiah Raad Kertha Vol 3, No 2 (2020)
Publisher : Universitas Mahendradatta

Women and children as marginalized people whose existence in Indonesia are many objects of oppression because patrilineal culture makes women and children in Indonesia must be protected specifically in order to get definite and fair legal protection especially to women and children victims of violence, so that not many Indonesian women feel his life is always oppressed and not many children in Indonesia lose their future

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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

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

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