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.
Articles
208 Documents
<![CDATA[Kebijakan Investasi Asing Pada Pariwisata Berbasis Desa Adat ]]>
<![CDATA[I Nyoman Agus Prabawa]]>
<![CDATA[ Jurnal Ilmiah Raad Kertha Vol 1, No 2 (2018) ]]>
Publisher : <![CDATA[Universitas Mahendradatta ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
Full PDF (588.502 KB)
|
DOI: 10.47532/jirk.v1i2.32
<![CDATA[The Economic Policy Package Volume X has been announced by the Government on February 11th, 2016. The concrete step of the policy package is to revise the Presidential Regulation concerning the field of business in investment known as the negative list of investment. Areas of business that are experiencing changes in the negative list of investment include the sector of Tourism and Creative Economy. In Bali, the tourism appeal is built and developed, apart from Government and private, is also managed by the community of customary villages. The existence of customary village - based tourism can attract foreign investors or otherwise require foreign capital which may then be agreed upon in the form of agreement. In addition to globalization, other things that could lead to the possibility of such agreement are the liberalization in the field of investment and tourism. Liberalization arises from various international agreements that have been agreed by the Government, such as one of ASEAN regional liberalization with the ASEAN Economic Community. So, to face that possibility, the Government needs to regulate foreign investment in customary village based tourism with various levels of policy. As a normative legal research, the method used in this study is a legislative approach that is integrated with a conceptual approach. Policy and legislation have variations in relationships based on differences in understanding and application of the use of policy concepts. The policies studied in normative legal research, in addition to legislation also concerning government actions relating to the terms discretion, policy, beleid, and ermessen are reviewed.s]]>
<![CDATA[Status Perkawinan Gereja Yang Tidak Dicatatkan Di Kantor Catatan Sipil ]]>
<![CDATA[Benny Haryono]]>
<![CDATA[ Jurnal Ilmiah Raad Kertha Vol 3, No 2 (2020) ]]>
Publisher : <![CDATA[Universitas Mahendradatta ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
Full PDF (581.909 KB)
|
DOI: 10.47532/jirk.v3i2.221
<![CDATA[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]]>
<![CDATA[Prinsip Kepentingan Terbaik Bagi Anak Dalam Diversi Pada Sistem Peradilan Pidana Anak ]]>
<![CDATA[Ni Ketut Wiratny]]>
<![CDATA[ Jurnal Ilmiah Raad Kertha Vol 1, No 1 (2018) ]]>
Publisher : <![CDATA[Universitas Mahendradatta ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
Full PDF (234.474 KB)
|
DOI: 10.47532/jirk.v1i1.147
<![CDATA[Article 28 B Paragraph (2), the Constitution of the Republic of IndosesiaYear 1945 each child shall have the right to survival, grow and develop and shallbe entitled to protection of violence and discrimination, Protection of the rights ofthe child shall be contained in the UN Convention on the Rights 1989, has beenratified by more than 191 countries, including Indonesia as a member of the UNthrough Presidential Decree No. 36 of 1990. Thus the UN convention has becomeIndonesian law and binds all Indonesian citizens . To enforce the provisions setforth in the Convention on the Rights of the Child. as well as the basic principles ofthe Convention on the Rights of the Child include: a) discrimination of nonmembers,b) the best interests of the child; c) the right to life, survival anddevelopment; and d) an appreciation of the child's opinion. The best interest of thechild or in English is called the best interests of children is the basic principleunderlying the protection of the child. The best interests of the child should beviewed as 'paramount importance' or top priority. This principle is contained ininternational law and national law related to child protection. The child must beprotected, even if the child is a child in conflict with the law. The principle of thebest interests of the child as set forth in Point 14.2 of The Beijing Rules which statesthat "The proceedings shall be in the atmosphere of understanding, which shallallow the juvenile to participate therein and to express herself or himself freely."(Translation: The process should be done in the best interests of the child andshould be done in an atmosphere of understanding, allowing the child to participatein it and to express himself or herself freely). Within the level of national law, theprinciple of best interests for children is regulated in Article 2 of Law Number 23Year 2002 on Child Protection. The best interest of the child principle reminds allproviders of child protection that consideration in decision-making concerns thechild's future and not retaliation and the placement of imprisonment or childcustody as an ultimate remedy or remedy for ultimate remediation the child'spenalty is not to punish but to educate, restore and recover it as it was before thecrime.]]>
<![CDATA[Tata Cara Penyitaan Dan Pelelangan Serta Perlindungan Barang Milik Wajib Pajak ]]>
<![CDATA[Komang Edy Dharma Saputra]]>
<![CDATA[ Jurnal Ilmiah Raad Kertha Vol 2, No 2 (2019) ]]>
Publisher : <![CDATA[Universitas Mahendradatta ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
Full PDF (248.425 KB)
|
DOI: 10.47532/jirk.v2i2.160
<![CDATA[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.]]>
<![CDATA[Perlindungan Hukum Bagi Pembeli Yang Beritikad Baik Terhadap Akta Jual Beli Hak Atas Tanah Yang Tidak Sesuai Dengan Tata Cara Pembuatannya ]]>
<![CDATA[I Nyoman Suryana]]>
<![CDATA[ Jurnal Ilmiah Raad Kertha Vol 3, No 2 (2020) ]]>
Publisher : <![CDATA[Universitas Mahendradatta ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
Full PDF (588.491 KB)
|
DOI: 10.47532/jirk.v3i2.215
<![CDATA[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]]>
<![CDATA[Penyelesaian Sengketa Pajak Di Bidang Pajak Pertambahan Nilai ]]>
<![CDATA[Erikson Sihotang]]>
<![CDATA[ Jurnal Ilmiah Raad Kertha Vol 1, No 1 (2018) ]]>
Publisher : <![CDATA[Universitas Mahendradatta ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
Full PDF (233.257 KB)
|
DOI: 10.47532/jirk.v1i1.141
<![CDATA[Implementation of tax audits often occur due to differences ofopinion between the Taxpayer with the Fiskus of payments to be made by thetaxpayer. Application for Appeals is one of the rights granted by taxation regulationto the Taxpayer. In this research, will be examined on the subject of dispute overthe dispute on Value Added Tax, and the process of settling the dispute on ValueAdded Tax on the Tax Court. This research is a normative juridical research usingapproach of legislation and conceptual approach, concerning the settlement of taxdispute. Based on the results of the discussion, that the subject matter of the disputeover the dispute on Value Added Tax is: a. The basic correction of the impositionof value added tax; b. The correction of domestic delivery; c.Correction of deliveryof heavy equipment rental services; d. Correction is not a taxable item, localdelivery occurs; e.Correct positive sales discount; f. Positive correction of customs duties; g. Correction of input tax invoice; h. There is no tax invoice for delivery tothe bonded zone. The process of settling the dispute on Value Added Tax at the TaxCourt starts from the appeals process of tax dispute in accordance with the taxcourt's law of conducting an examination of the appeal letter, then having to gothrough the process of preparation of the trial, then the judges will be investigatedto examine the principal issue of the case, then with the verification of the partiesand ending with the appeal decision.]]>
<![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 ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
Full PDF (309.687 KB)
|
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[Kajian Yuridis Terhadap Ketentuan Wajib Helm Bagi Pengendara Sepeda Motor Berdasarkan Undang-Undang RI No. 22 Tahun 2009 Tentang Lalu Lintas Dan Angkutan Jalan ]]>
<![CDATA[I Gede Ketut Suharta Yasa]]>;
<![CDATA[Ni Made Rai Sukardi]]>
<![CDATA[ Jurnal Ilmiah Raad Kertha Vol 3, No 1 (2020) ]]>
Publisher : <![CDATA[Universitas Mahendradatta ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
Full PDF (160.109 KB)
|
DOI: 10.47532/jirk.v3i1.167
<![CDATA[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.]]>
<![CDATA[Pengaturan Corporate Social Responsibility (CSR) Terhadap Perseroan Terbatas (PT) Dikabupaten Badung ]]>
<![CDATA[Kadek Dedy Suryana]]>
<![CDATA[ Jurnal Ilmiah Raad Kertha Vol 1, No 2 (2018) ]]>
Publisher : <![CDATA[Universitas Mahendradatta ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
Full PDF (631.66 KB)
|
DOI: 10.47532/jirk.v1i2.33
<![CDATA[Corporate Social Responsibility (CSR) is commitment of the company to contribute more to the public, either through social action as well as environmental responsibility. In Indonesia, the CSR now stated more emphatically again in limited liability company act (UUPT) article 74 no. 40 year 2007. Through his legislation, the industry or the corporations are obliged to do it, but this obligation is not a burden that is encumber. Badung Regency is a regency very rapid economic growth. Many companies both local, national and multi-national operating in Badung regency. The interaction between the company, the community and its influence on the social environment noticeably increased. Therefore, the regulation of CSR in Badung becomes important things to note from the government, businesses and people.Based on these descriptions, it is relevant to do a research study with the problem of whether the regulation of CSR in Badung Regency Regulation Number 6 Year 2013 About Corporate Social Responsibility is in conformity with Law Number 40 Year 2007 regarding Limited Liability Company? and as well as why CSR is required for the Company Limited in Badung to finance and facilitate local government programs ?. Of the problems that arise can be seen that this research is a type of normative legal research using the approach of legislation and approach to the concept.]]>
<![CDATA[Sinkronisasi Peraturan Perundang-Undangan Tentang Kebijakan Bebas Visa Kunjungan ]]>
<![CDATA[Erikson Sihotang]]>
<![CDATA[ Jurnal Ilmiah Raad Kertha Vol 3, No 2 (2020) ]]>
Publisher : <![CDATA[Universitas Mahendradatta ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
Full PDF (392.815 KB)
|
DOI: 10.47532/jirk.v3i2.222
<![CDATA[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.]]>
