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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 97 Documents
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TELAAH TERHADAP PUTUSAN LEPAS DARI SEGALA TUNTUTAN HUKUM (ONSLAAG VAN RECHT VERVOLGING) PADA PERKARA TINDAK PIDANA KORUPSI Ihsan, Reza Noor
Belom Bahadat Vol 12 No 1 (2022): Jurnal Belom Bahadat Hukum Agama Hindu
Publisher : Institut Agama Hindu Negeri Tampung Penyang Palangka Raya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33363/bb.v12i1.833

Abstract

Decisions in corruption cases consist of sentencing decisions, acquittal decisions (vrijspraak) and decision is free from all lawsuits (onslaag van recht vervolging). This study aims to determine the implementation and juridicial implications of the decision is free from all lawsuits (onslaag van recht vervolging) in case of corruption. The normative research method used in reviewing decisions free from all lawsuits (onslaag van recht vervolging) in cases criminal acts of corruption. The results of this study on the implementation of the decision is free from all lawsuits (onslaag van recht vervolging) in cases of criminal acts of corruption is a necessity as long as the act is administrative in nature and does not enter the realm of criminal law so that it is not criminal responsibility but administrative responsibility with juridical implications the defendant is released from all lawsuits (onslaag van recht vervolging) in cases of corruption.
PENGARUH PERKEMBANGAN ZAMAN TERHADAP KEDUDUKAN PEREMPUAN DALAM HUKUM WARIS ADAT BALI Rudi, I Ketut
Belom Bahadat Vol 12 No 1 (2022): Jurnal Belom Bahadat Hukum Agama Hindu
Publisher : Institut Agama Hindu Negeri Tampung Penyang Palangka Raya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33363/bb.v12i1.854

Abstract

Balinese society is a society that is thick an obedient to tradition, culture and customary law. The development of globalization an scince and technology does not necessarily shake or change the customs an traditions of the Balinese people. Balinese cutomary law prioritizes the position of men in term of inhertance an family matter. When viewed from the side of the role in the family, in todays era women an men are almost in contrast. For axample in education, politics, goverment an so on, women have the same opportunitties an even take the same roles. Likewise in the family, women can replace the position of men as head of the family an breadwinner if the condition of men as husbands is no longer possible. Different conditions will be found in terms of Balinese cutomary inheritance law. In general, women are not given the same opportunities as men, and it can even be said that they do not have the right to participate in the inheritance or as heirs. So when viewed from the perspective of gender equality, it will create a discriminatory impression against women. However, in principle, Balinese women accept such a situation and do not consider this a disadvatage. Because this has become a habit that has been passed down from generation to generation. Keyword: Inheritance Law, Balinese Custom, Gender
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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Abstract

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PERLINDUNGAN HUKUM NASABAH DALAM PENYELENGGARAN LAYANAN PERBANKAN DIGITAL Tarantang, Jefry; Syawaliah, Syawaliah; Astiti, Ni Nyoman Adi; Kasenda, Dekie G.G.
Belom Bahadat Vol 13 No 1 (2023): Jurnal Belom Bahadat Hukum Agama Hindu
Publisher : Institut Agama Hindu Negeri Tampung Penyang Palangka Raya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33363/bb.v13i1.949

Abstract

Bank customer protection is designed to give customers the right to complain and resolve disputes in the banking industry. Customer protection laws and regulations in the banking industry are not good at protecting customers. Changes in services using information technology paved the way for the digital banking era. However, the spread of digital banking services also increases bank risk. The purpose of this research is to elaborate on legal protection in the development of digital banking services and protect the public from risks. Digital banking services are innovations made by banks to meet the needs of customers who are still developing their information technology. In Indonesia, the introduction of digital banking services offered by banks is regulated in OJK Regulation 12/POJK.03/2018 concerning the Introduction of Digital Banking Services in Commercial Goods Banking Services. Customers who use digital banking services have two forms of protection, namely prevention and protection.
RESTORATIVE JUSTICE DALAM PERADAPAN HUKUM MODERN (Refleksi Nilai-nilai Agama Hindu) Hartanto, Hartanto
Belom Bahadat Vol 13 No 1 (2023): Jurnal Belom Bahadat Hukum Agama Hindu
Publisher : Institut Agama Hindu Negeri Tampung Penyang Palangka Raya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33363/bb.v13i1.967

Abstract

Indonesia is a country of law that recognizes the existence of customary and religious law as a source of law. The daily practice of menusia is to communicate (naturally) but in this opinion and / communication often occurs speech that violates the rights of others or hurts other parties, then the potential for this conflict penetrates using spoken language on social media (internet). The regulation that regulates criminal acts related to defamation is Law No. 19 of 2016 concerning Electronic Information and Transactions, while the more general nature is the criminal code, which has "bridged" customary and religious law as living law into the criminal justice system as positive law. Currently, all law enforcement institutions have accommodated modern law by issuing rules on the use of restorative justice, in line with the nature of criminal law which is ultimum remedium. On the one hand, the old pradigma considered that legal certainty must be criminal proceedings and lead to imprisonment, but modern society with the aim of law yearns for peace and social harmony, which is also contained in Pancasila. The research cites several opinions of international and local figures; The results of this study show that the application of restorative justice is full of values and philosophical, so it is necessary to educate and legal awareness to solve this problem by involving the community, victims and perpetrators of crimes with the aim of achieving justice for all parties, because the essence of the law is the "property" of society.
Perlindungaan Hukum Terhadap Anak Korban Pemerkosaan Di Bawah Umur Perspektif Hak Asasi Manusia. Ramadhani, Mahfud; Atharwan, Emilson
Belom Bahadat Vol 13 No 1 (2023): Jurnal Belom Bahadat Hukum Agama Hindu
Publisher : Institut Agama Hindu Negeri Tampung Penyang Palangka Raya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33363/bb.v13i1.981

Abstract

Violence against children is a form of crime that is done intentionally. One form of crime against children is sexual crime in the form of rape. Rape is a form of crime committed against women by coercion, violence or threats of violence. Legally of course this action is strictly prohibited, moreover the victims are children. So that children who are victims of rape must be given legal protection. The legal protection that must be given to children who are victims of rape is to receive rehabilitation from the government both physically and mentally, spiritually and socially, besides that their privacy must be protected, their good name is protected and maintained, their safety as well as witnesses to victims is the responsibility of the government, and children who are so the victim has the right to always know the progress of the case he is facing. Then the status of children as victims and witnesses must also be protected by law. This is clearly a human right that is the victim of Susila's crimes, especially children.

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