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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 128 Documents

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Akibat Hukum Sewa Beli Sepeda Motor Dengan Angsuran I Gusti Lanang Agung Kesuma Jaya
Jurnal Ilmiah Raad Kertha Vol 2, No 1 (2019)
Publisher : Universitas Mahendradatta

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.

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.

Pembatalan Sertipikat Hak Milik Dalam Jual Beli Tanah Sebagai Akibat Wanprestasi Komang Edy Dharma Saputra
Jurnal Ilmiah Raad Kertha Vol 1, No 2 (2018)
Publisher : Universitas Mahendradatta

Research with the theme of cancellation of freehold title in sale and purchase of land due to default aims to find out (1) How the procedure to cancel freehold title in sale and purchase of land due to default, and (2) How the legal consequence toward the cancellation of freehold title in sale and purchase of land due to default. This type of research used normative legal research which studying applicable laws and regulations in Indonesia. The source of legal materials were in the form of primary legal material, secondary legal material, and tertiary legal material and analysis was using hermeneutics analysis technique by interpreting legislation and studying more clearly the meaning contained in each article. The result of research shows that (1) the procedure to cancel freehold title in sale and purchase of land due to default is that the injured party may file a lawsuit in district court and PTUN (State Administrative Court), (2) legal consequence toward cancellation of freehold title in sale and purchase of land due to default is that the injured party has the rights to get legal protection and acquiring compensation from the default party.

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

Pelaksanaan Kewenangan Pemerintah Daerah Dalam Penertiban Penambangan Galian C Untuk Melindungi Kawasan Geopark Di Kabupaten Bangli I Nyoman Suandika
Jurnal Ilmiah Raad Kertha Vol 1, No 1 (2018)
Publisher : Universitas Mahendradatta

Before defined as the geopark region mount Batur caldera region is oneof the central mining activity of C in Bangli. Once established as a regionalinternational geopark by UNESCO mining activity of C is a major problem becauseit damages the environment and damaging geology sites that threaten the existenceof the geopark. But the fact that until now mining activity C remains. The issue asfollows: how is law protection for geopark existency in Bangli regency, and how iseffectivity of Bangli government authority implementation in controlling on miningactivity of C entrenchment in geopark area in Bangli regency. The research methodapplied in this thesis is emperical law resesarch because occur gap between dassollen with das sein that is gap between theory and reality. The result shows in order to protect geopark the Bangli government has integrate geopark material intoeducation curricullum in Bangli regency, and set up Batur mount area and aroundas area of geology sanctuary. Controll system on C entrenchment conducted by tostop mining at some mining point, traffic change, and arrested on the businessmanof mining who have not business license of mining.

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

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.

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.

Malpraktek Paramedik I Nyoman Kantun
Jurnal Ilmiah Raad Kertha Vol 1, No 2 (2018)
Publisher : Universitas Mahendradatta

Hearing a doctor's view of the public is a very highly prespesional person in his field, and he is very honorable even it seems there is no mistake that enveloped him, along with the development of the population and accompanied by technological progress so rapidly that raises various demands of a very complex interest in community life and state, as well as inevitable various problems related to public health, which are generally undertaken by medics / doctors.Efforts to anticipate the problem has been done with the support of advancement in the world of doctors, but the medical error in the field of medicine apparently requires a legal tool to protect patients from the actions of the medic, so doctors are not spared from the legal entrapment of kelalainnya in carrying out his profession, which is often called malpractice.Thus, in a state of law no one escapes the law, all citizens of society without exception to violate the law in accordance with law trap in accordance with the error / encyclopedia. The physician's diligence in practicing his profession is also not escaped from the bondage of law, it is of course intended to protect patients from the abuse of medic / doctors, who once seemed to be medics / doctors untouched by law.

Upaya Penanggulangan Tindak Pidana Penyelundupan Pemalsuan Dokumen Kepabeanan Di Indonesia Putu Sekarwangi Saraswati
Jurnal Ilmiah Raad Kertha Vol 2, No 1 (2019)
Publisher : Universitas Mahendradatta

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.

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.

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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

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Abstract

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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