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Belom Bahadat : Jurnal Hukum Agama Hindu
Published by Institut Agama Hindu Negeri Tampung Penyang Palangka Raya
ISSN : 20897553     EISSN : 26859548     DOI : 10.33363/bb.v10i02
Core Subject : Religion, Social,
Religion Law, Crime, Criminology & Criminal Justice
Hukum Agama Hindu sebuah tata aturan yang membahas aspek kehidupan manusia secara menyeluruh yang menyangkut tata keagamaan, mengatur hak dan kewajiban manusia baik sebagai individu maupun sebagai makhluk sosial, dan aturan manusia sebagai warga negara
Arjuna Subject : Ilmu Sosial - Hukum
Articles 6 Documents
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Search results for , issue "Vol 12 No 2 (2022): Jurnal Belom Bahadat Hukum Agama Hindu" : 6 Documents clear
STRATEGI LEMBAGA PARISADA DALAM PENEGAKAN HUKUM HINDU DI TENGAH INTERAKSI SOSIAL MASYARAKAT KECAMATAN BASARANG KABUPATEN KAPUAS I Made Kastama
Belom Bahadat Vol 12 No 2 (2022): Jurnal Belom Bahadat Hukum Agama Hindu
Publisher : Institut Agama Hindu Negeri Tampung Penyang Palangka Raya

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Abstract

This type of research was qualitatively descriptive with the objective for analyzing the strategies carried out by the Parisada institution in Hindu law enforcement in the midst of social interaction of the people of Basarang sub-district of Kapuas Regency. The informant in this study was the administrator of Parisada Hindu Dharma Indonesia (PHDI) Basarang sub-district. This research was conducted by means of in-depth interviews and the data obtained was analyzed and described in the form of words. The conclusion of this research was that the strategy of the Parisada institution in the enforcement of Hindu Law in the midst of social interaction in Basarang District of Kapuas Regency was carried out in an organizational approach by demonstrating its role as a supervisory institution and community organizer with its authority to enforce Hindu law with restrictions on the Articles of Association of Parisada Province and Central Parisada. Activities applied to all activities of Hindu society refered to the constitutionalized Hindu Law in awig-awig. Arrangements in marriage, arrangements in yadnya arrangements in divorce, arrangements in inheritance and other issues were regulated by awig-awig as legal guidelines sourced from the Vedas and Manawadharma literature. The strategy of the Parisada institution in resolving the problem of violations of Hindu law, if the violation entered the realm of custom, then Parisada as a partner of the Customs Council in resolving the problem by mediating it. Parisada as a partner of Kelihan Adat in resolving problems through mediation. If in solving the problem Kelihan adat cannot solve it, then the problem was delegated to Parisada to resolve it with the authority to be in the Parisada institution to resolve it until a decision was made by the Parisada institution with a strategy of deciding cases based on Hindu legal considerations.
PERLINDUNGAN HUKUM DAN KEKERASAN SEKSUAL TERHADAP PEREMPUAN DALAM HUKUM HINDU Ni Wayan Sudarmini
Belom Bahadat Vol 12 No 2 (2022): Jurnal Belom Bahadat Hukum Agama Hindu
Publisher : Institut Agama Hindu Negeri Tampung Penyang Palangka Raya

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Abstract

Woman is a persons identity that is judged by gender. Women often get negative behavior from men, because of the inability to fight back. For example, getting an act of sexual violence committed by a patner or husband. Sexual violence ia an act carried out by a person by force in an attempt to have sexual intercourse. This action will cause suffering or harm to others, especially women. In Manawa Dharmasastra II. 56 it is clearly stated that “where women are respected, there the gods are happy, but where they are not respected, there is no sacred ceremony of any kind”. It means never hurt a women if you want happiness in her life. There are several concepts of Hindu teaching that can be applied to prevent acts of sexual violence. Among them are the teaching of chess purusa arta, where to get art and fulfill lust or kama be based on dharma. Then the teaching of tri kaya parisuda which means that every thought, word and deed must be good or holy. While the latter is the teaching of tat twam asi, where this teaching is interpreted as I am you and you are me. It is forbidden to hurt each other, because all humans and even all living things are brothers, vasu daiva kuthum bhakam.
PENGARUH BUDAYA PATRIARKI TERHADAP PERCERAIAN DALAM MASYARAKAT HINDU BALI I Wayan Ferry Suryanata
Belom Bahadat Vol 12 No 2 (2022): Jurnal Belom Bahadat Hukum Agama Hindu
Publisher : Institut Agama Hindu Negeri Tampung Penyang Palangka Raya

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Abstract

Patriarchal culture is a habit that places the position of men more dominant than women. Men have more influence and power than woman. Woman in this case are poitioned as weak, helpless an do not have enough power to equalize position in a family or society. The continuous application of patriarchal culture can trigger divorce. Because if a man considers himself the most powerful and everything must be according to his will, then it is possible that the husband and wife relationship will experience a divorce. In such conditions, of course a woman wil experience mental torment and in the can not stand the unequal treatment. Moreover, in Balinese Hindu society, the role of women as wives should not be underestimated. Where their role greatly affects the lives of their families and community groups. For example, in ritual ceremonies, the role of women is needed to make offerings or offerings. Because in general the only women who can make offerings are women and not all Balinese women understand the problem of burdensomeness. While the position of Balinese women in the family and society is considered lower. It is clear in literature that women must be respected and loved so that the family lives happily and does not experience destruction.
TELAAH KRITIS TERHADAP PRAPERADILAN JAMINAN PERLINDUNGAN HAM SETELAH PUTUSAN MAHKAMAH KONSTITUSI NOMOR: 21/PPU-XII/2014 DALAM PERSPEKTIF PERADILAN PIDANA Salundik .
Belom Bahadat Vol 12 No 2 (2022): Jurnal Belom Bahadat Hukum Agama Hindu
Publisher : Institut Agama Hindu Negeri Tampung Penyang Palangka Raya

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Abstract

The principal thing which is progress in the provisions of Law Number 8 of 1981 concerning the Criminal Procedure Code which has been in effect since December 31, 1981 until now, namely the existence of a pretrial institution is regulated in chapter X articles 77 to article 83, but in this provision there is no mention of authority. The pretrial judge determines whether the determination of a suspect is legal by the investigator, although the minimum parameter of 2 (two) pieces of evidence is the keyword in determining the suspect, but at least 2 (two) pieces of evidence are not independent parameters. Because the acquisition is also influenced by other factors on which it is based. Therefore, the acquisition of these factors also affects the validity of the acquisition of at least 2 (two) pieces of evidence which will have a final impact on the validity of the determination of the suspect by the investigator. In connection with the task of trying judges as the main actors of judicial power in Article 5 paragraph (1) of Law Number 48 of 2009 concerning Judicial Power, that judges have obligations including: obliged to explore, follow and understand legal values ​​and a sense of justice that lives in Public. So the judge in pretrial cases has the authority to examine (assess) the performance of the results of the investigation from the investigator, that is, everything that underlies and occurs in the investigation will also have an influence on the determination of the suspect, as the main orientation of the investigation. Therefore, everything that underlies and occurs in the investigation process that has an impact on the determination of the suspect is taken into account in determining the validity of the determination of the suspect based on the nature of pretrial, namely as a form of supervision and objection mechanism to the law enforcement process which is closely related to the guarantee of the protection of human rights in From the perspective of criminal justice, the renewal of the Criminal Procedure Code must explicitly include the authority of pretrial judges in determining whether the status of a suspect is legal by investigators.
IMPLEMENTASI MODERASI BERAGAMA DALAM MENINGKATKAN KESADARAN HUKUM MASYARAKAT TERHADAP PENCEGAHAN PAHAM RADIKALISME Made Widhiyana
Belom Bahadat Vol 12 No 2 (2022): Jurnal Belom Bahadat Hukum Agama Hindu
Publisher : Institut Agama Hindu Negeri Tampung Penyang Palangka Raya

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Abstract

Religious moderation is one way to maintain the unity and integrity of the Unitary State of the Republic of Indonesia (NKRI) from a socio-religious perspective. The harmony of social and religious life can be seen from how far the values ​​of religious moderation apply. Religious moderation becomes a magnet that can attract various religious adherents, that all are in the same environment and a sense of unity that will be able to maintain security and peace in the life of the nation and society. By implementing religious moderation as well as an indication of compliance or legal awareness of the community in participating in maintaining harmony. Because without legal compliance and awareness embedded in each individual, bad influences will easily influence him, call it radicalism. For those who are led in the notion of radicalism, it will be easy to carry out radical actions that ultimately lead to terrorism. The emergence of radical actions will certainly lead to division, far from the words tolerance and harmony. Meanwhile, the Indonesian people are wrapped in a frame of diversity that must be maintained and maintained as one of the characteristics of this nation. So it is important to implement the values ​​of religious moderation to increase public legal awareness in order to prevent entering the circle of radicalism.
KEWENAGAN KEPALA DESA DALAM MENYELESAIKAN SENGKETA TANAH PADA MASYRAKAT DI DESA MAMPAI KECAMATAN KAPUAS MURUNG KABUPATEN KAPUAS I Komang Darman
Belom Bahadat Vol 12 No 2 (2022): Jurnal Belom Bahadat Hukum Agama Hindu
Publisher : Institut Agama Hindu Negeri Tampung Penyang Palangka Raya

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