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Vyavahara Duta
Published by Universitas Hindu Negeri I Gusti Bagus Sugriwa Denpasar
ISSN : 19780982     EISSN : 26145162     DOI : https://doi.org/10.25078/vyavaharaduta.v17i2.1971
Core Subject : Religion, Humanities, Social,
Religion Humanities Law, Crime, Criminology & Criminal Justice
Vyavahara Duta: Jurnal Ilmiah Ilmu Agama dan Ilmu Hukum merupakan jurnal ilmiah yang memiliki misi memperluas kajian bidang pendidikan agama sebagai referensi dalam mewujudkan pendidikan agama yang moderat. Penguatan pendidikan agama penting untuk dioptimalkan, tidak hanya di lingkungan keluarga maupun pendidikan formal saja, tetapi juga melalui kajian-kajian ilmiah hasil penelitian maupun hasil pemikiran yang mengacu pada kaidah-kaidah ilmiah. Tujuannya adalah untuk menjadikan pendidikan agama sebagai landasan dalam mewujudkan masyarakat religius, bermartabat, cerdas, humanis dan berwawasan multukultural.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 86 Documents
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KEBIJAKAN ASIMILASI NARAPIDANA PADA PANDEMI COVID-19 DALAM PERSPEKTIF HAK ASASI MANUSIA Januarsa Adi Sudharma Kadek
VYAVAHARA DUTA Vol 17 No 1 (2022)
Publisher : Jurusan Hukum Fakultas Dharma Duta Universitas Hindu Negeri I Gusti Bagus Sugriwa Denpasar

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (365.023 KB) | DOI: 10.25078/vyavaharaduta.v17i1.960

Abstract

This research aims to find out the process of assimilation policy and the legal basis for making the movement. The policy of asymptomatic persons in the COVD-19 pandemic made by the government with the legality of PERMENKUMHAM No. 32 of 2020 caused polemics. Assimilation is a right owned by prisoners, on the other hand the assimilation program makes the community worry about an increase in crime. This research method uses normative research that refers to legal materials by studying theories, concepts and laws and regulations related to this research. The technique of collecting legal materials is by studying literature. Based on this research, it can be concluded that the basis of the policy of assimilation of prisoners during the COVD-19 pandemic is the occurrence of emergencies with the presence of COVID-19 which is an infectious disease from manusa to manusa and correctional institutions in Indonesa with over capacity conditions, so the government through the minister of law and human rights made a policy on the assimilation of prisoners.With the creation of the assimilation policy is the right step in the midst of force majure conditions and it is the government's commitment in prioritizing the safety of "Salus populi suprema lex iesto" or should the safety of the people become the highest law. however, guidance and supervision for inmates during assimilation is further improved so as not to increase criminnality and not interfere with the welfare of the community, therefore the purpose of the assimilation program can be realized.
MENYEMAI MODERASI BERAGAMA DALAM MENANGKAL RADIKALISME DAN TERORISME DI INDONESIA Alit Putrawan I Nyoman
VYAVAHARA DUTA Vol 17 No 1 (2022)
Publisher : Jurusan Hukum Fakultas Dharma Duta Universitas Hindu Negeri I Gusti Bagus Sugriwa Denpasar

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (266.524 KB) | DOI: 10.25078/vyavaharaduta.v17i1.961

Abstract

Indonesia is ranked 37th with the highest terrorism cases globally. A series of successive events since the 2000s. Of course it causes a lot of losses, not only material but also the psychological and mental health of people who are worried about the safety of their lives. This study aims to find out how to counteract radicalism and terrorism in Indonesia. The diversity of religions makes people's anxiety about the existence of terrorism even more complex. What is the religion of Islam that is increasingly cornered and has a negative view. However, even so, individuals who have an obligation to protect this country synergize in preventing the growth of radicalism and every global. Assisted by the government which is expected to ensure the realization of a just, prosperous, and prosperous society.
WANPRESTASI YANG DILAKUKAN OLEH PEMILIK LAHAN DALAM PERJANJIAN SEWA MENYEWA LAHAN Trisna Dewi Ni Made
VYAVAHARA DUTA Vol 17 No 1 (2022)
Publisher : Jurusan Hukum Fakultas Dharma Duta Universitas Hindu Negeri I Gusti Bagus Sugriwa Denpasar

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (233.728 KB) | DOI: 10.25078/vyavaharaduta.v17i1.962

Abstract

Disputes that occur in land lease agreements can be due to various factors, including the result of parties to the agreement who have defaulted. The formulation of the problem raised in this study is how the legal protection for tenants due to default by the land owner and how legal remedies can be taken by tenants due to default by the land owner. This type of research is normative legal research. The conclusion of this research is that legal protection for tenants due to default by the land owner is if the land owner and the tenant make an agreement at a notary and explain that they have entered into an agreement and ask the notary to make a deed, then this deed is a deed made before a Notary (Deed of Notarial), the parties to the agreement have legal certainty and are therefore legally protected, so that if a dispute occurs in the implementation of the agreement, the judge with his decision can force the violating party to exercise his rights and obligations in accordance with the agreement. . Legal remedies that can be taken by tenants as a result of default by the land owner. Parties who feel that they are disadvantaged due to default can demand fulfillment of the agreement, cancel the agreement or ask for compensation from the party who did the default.
PERAN LEMBAGA OTORITAS JASA KEUANGAN (OJK) DALAM MENGATASI PERUSAHAAN FINTECH LENDING ILEGAL Sri Kusuma Wardhani Ida Ayu
VYAVAHARA DUTA Vol 17 No 1 (2022)
Publisher : Jurusan Hukum Fakultas Dharma Duta Universitas Hindu Negeri I Gusti Bagus Sugriwa Denpasar

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (256.421 KB) | DOI: 10.25078/vyavaharaduta.v17i1.963

Abstract

The existence of Fintech (financial technology) in Indonesia has grown since 2006, but Fintech Lending itself only first appeared in 2016 and continues to experience growth. Fintech Lending is a type of Fintech that is better known in Indonesian society, where from 2017 to 2021 the total Fintech Lending registered and licensed at OJK is as many as 104 companies. Fintech Lending is a method that can provide an alternative solution in the process of borrowing and borrowing money online with easier conditions and a faster process than conventional financial institutions, on the other hand problems arise due to the number of illegal Fintech Lending that has sprung up easily accessible to irresponsible and insecure people for their users, where July 2021 SWI has cracked down as many as 3,365 Fintech Lending has been illegal since 2018. The high number of Fintech Lending illegally rather than legally resulting in complex problems in practice in Indonesia that need to be addressed with regulatory regulations that include supervision, destruction and law enforcement. The role of OJK as a state institution to manage and supervise Fintech Lending has issued special rules regarding Fintech Lending through POJK Number 77 / POJK.01 / 2016 concerning Information Technology-Based Money Lending Services but in substance the law only applies to Fintech Lending which is legal only due to the absence of criminal provisions that ensnare Fintech Lending without permission. So see the existence of a legal vacuum (leenten van normen). Based on this background, the problems discussed in this study are as follows: 1) The Role of Financial Services Authority (OJK) Institutions in Overcoming Illegal Fintech Lending Companies? and 2) How is the Legal Effort of the Financial Services Authority (OJK) Institution in Overcoming Illegal Fintech Lending Companies? The research methods used are normative juridical research, using a statutory approach (statue approach) and a conceptual approach, techniques for collecting legal materials using primary legal materials and secondary legal materials, legal material analysis techniques used in this study are descriptive, comparative, evaluative, and argumentative. The results showed that the role of the Financial Services Authority (OJK) in overcoming Illegal Fintech Lending companies can currently only make efforts to close and block applications through the Investment Alert Task Force. This occurs due to two obstacles, namely internal barriers from the legal subsansi POJK Number 77 / POJK.01 / 2016 does not contain a detailed explanation related to how Fintech positions in the eyes of the law, the absence of regulations or special laws that give authority for OJK to follow up on illegal Fintech Lending. External barriers are still the lack of public legal awareness in knowledge, understanding attitudes, and legal behavior as illegal Fintech Lending users. The legal efforts that in overcoming illegal Fintech Lending companies today are with repressive legal efforts and preventive legal efforts.
KESADARAN HUKUM MASYARAKAT TERHADAP PROTOKOL KESEHATAN DALAM MASA PANDEMI COVID-19 DI KOTA DENPASAR Sudarma Putra Ida Bagus
VYAVAHARA DUTA Vol 17 No 1 (2022)
Publisher : Jurusan Hukum Fakultas Dharma Duta Universitas Hindu Negeri I Gusti Bagus Sugriwa Denpasar

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (256.898 KB) | DOI: 10.25078/vyavaharaduta.v17i1.964

Abstract

The COVID-19 pandemic has had a huge impact not only on medical or epidemiological matters, but also on constitutional matters that affect all joints of state and people's lives, especially in Indonesia. Various policies were issued by the central government during this pandemic, namely in the fields of health, economy, social affairs, and education by focusing on accelerating handling and reducing the rate of spread of COVID-19, one of which is by increasing legal awareness in complying with health protocols. The central government's policy produces products of the rule of law that are followed and implemented thoroughly by every province, regency and city in Indonesia, and as a form of application of the principle of decentralization and deconcentration, one of which is the city of Denpasar, Based on data from Bali Province until March 2021, Denpasar city is the highest contributor to covid-19 cases with 10,976 confirmed cases with details of 787 in treatment, 9,981 recovered, and 208 died. So from the data we see that the high activity carried out by the people of Denpasar city, which is the capital of Bali province, is not followed by the high legal awareness of the people of Denpasar city to comply with health protocols, as an effort to prevent and control COVID-19. Even though the Denpasar city government has also issued Mayor Regulation Number 48 of 2020 concerning the Implementation of Discipline and Enforcement of Health Protocol Law as an Effort to Prevent and Control Corona Virus Disease 2019 (COVID-19) in the New Era Life Order. Based on the background mentioned above, the issues to be discussed can be formulated as follows: 1.What are the factors that affect the level of public legal awareness in complying with health protocols during the COVID-19 pandemic in the city of Denpasar? 2.What are the obstacles and efforts made in raising public legal awareness in complying with health protocols during the COVID-19 pandemic in the city of Denpasar?, using the concept: Legal awareness, COVID-19 Pandemic, COVID-19 Pandemic Health Protocol, using Lawrence M. Friedman's Legal System Theory and Legal awareness, as for the type of research used is empirical legal research, the nature of the research, is descriptive research, The type of data is qualitative and the data source is primary data and secondary data, using data collection methods, obsenvation, interviews, and literature. Informant determination technique using Non probability sampling, the instrument used is mobile phone, the management and analysis of data is qualitative and systematic descriptive. The results of the research obtained are1) factors that affect the level of public legal awareness in complying with health protocols during the COVID-19 pandemic in the city of Denpasar can be seen from the substance of the law (laws and regulations), legal structure (law enforcement and infrastructure), legal culture (community and culture). 2) The biggest obstacle is still from the legal culture factor, namely public legal awareness, in this case there is still a denpasar city community that violates in carrying out health protocols, 3) Efforts that are the Denpasar city government carrying out preventive efforts include prevention carried out by providing encouragement, socialization, and development that is gradual, sustainable, and massive from the village, village, customary village, and banjar levels to increase the participation and legal awareness of individuals, business actors, managers, organizers, persons in charge of public places and facilities and repressive efforts in the form of law enforcement through the implementation of administrative sanctions and sanctions Social in place
IDEOLOGI PANCASILA SEBAGAI DASAR TUJUAN PEMIDANAAN DALAM PEMBAHARUAN HUKUM PIDANA NASIONAL Walesa Putra I Made
VYAVAHARA DUTA Vol 17 No 1 (2022)
Publisher : Jurusan Hukum Fakultas Dharma Duta Universitas Hindu Negeri I Gusti Bagus Sugriwa Denpasar

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (503.378 KB) | DOI: 10.25078/vyavaharaduta.v17i1.966

Abstract

Pancasila is the philosophy of the Indonesian nation and become the ideology of the state. Pancasila is also the basis of the Republic of Indonesia which largely determines Indonesia's positive legal norms. The aims of punishment has not been formulated in the national criminal law (Criminal Code / KUHP). The regulation urgency because of the basis for justifying the imposition of punishment and also determines the benefits of sanction impotion. The regulation must reflect the personality of the Indonesian nation whereas Pancasila become the National Ideology. The type of research is normative research, which is carried out based on the norms and regulations. Research results: The First, the Pancasila Ideology system which is open character has provides the opportunity for explicit regulation of the aims of punishment in positive law that follows legal developments and values in society, which retributive character (backward looking) and corrective, rehabilitative and restorative oriented (forward looking). The Second, the purpose of punishment in criminal law reform has shown conformity with the Pancasila ideology: (1) the purpose of prevention (reflecting the Principles of the 2nd Precept of Pancasila); (2) socializing convicts (based on the 5th Precepts of Pancasila); (3) conflict resolution (based on the 3rd and 4th Precepts of Pancasila); and (4) the purpose of giving sense of regret (a reflection on the first Precepts of Pancasila).
GADAI TANAH PERTANIAN (SAWAH) MENURUT HUKUM ADAT SETELAH BERLAKUNYA UNDANG-UNDANG NO. 5 TAHUN 1960 TENTANG PERATURAN DASAR POKOK-POKOK AGRARIA Mantra I Gede Putu
VYAVAHARA DUTA Vol 17 No 1 (2022)
Publisher : Jurusan Hukum Fakultas Dharma Duta Universitas Hindu Negeri I Gusti Bagus Sugriwa Denpasar

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (352.049 KB) | DOI: 10.25078/vyavaharaduta.v17i1.967

Abstract

Agricultural land pawn transactions, especially rice fields, have actually existed for a long time in the midst of Indonesian society, especially rural communities, long before the issuance of the Agrarian Basic Law (UUPA). This happens in general, most of which is based on the economic insistence of the pawn giver (seller) such as the need for money to meet daily needs, financing schoolchildren and other urgent needs. This land lien transaction is only based on the principle of mutual trust between the parties, where between the granter (seller) of the pawn and the recipient (buyer) of the pawn only makes an agreement orally, without any written evidence or agreement under hand. The term of the pawn is based on the agreement between the granter (seller) of the pawn and the recipient (buyer) of the pawn. If the pawn giver is not able to make redemption of the pawn land in accordance with their agreement, then the pawn land (rice field) will remain under the control of the recipient (buyer) of the pawn until the granter (seller) of the pawn redeems it again. While Law No. 56 Prp of 1960 concerning the Determination of Agricultural Land Area, limiting the maximum land lien agreement can only be done for 7 (seven) years.
KONSEP PAWONGAN SEBAGAI DASAR PEMENUHAN HAK DAN KEWAJIBAN DALAM AWIG-AWIG SEKAA TERUNA CANTHI GRAHA DI BANJAR TENGAH DESA ADAT SESETAN Adi Widnyana I Made
VYAVAHARA DUTA Vol 17 No 1 (2022)
Publisher : Jurusan Hukum Fakultas Dharma Duta Universitas Hindu Negeri I Gusti Bagus Sugriwa Denpasar

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (540.596 KB) | DOI: 10.25078/vyavaharaduta.v17i1.968

Abstract

Bali has several provisions of customary law that have existed and applied from the past as a wealth that becomes a guideline for the people of Bali in life. Customary law in Bali there are several types, one of which is awig-awig. The provisions of awig-awig are owned by almost all traditional indigenous organizations in Bali, one of which is the organization of sekaa teruna. The content of the awig-awig cargo cannot be separated from the value of balinese local wisdom that is respected, one of which is Tri Hita Karana, which includes, parhyangan, pawongan and palemahan. The purpose of this paper is to show that the concept of pawongan which is part of Tri Hita Karana can be applied in the awig-awig material and becomes an important part in explaining the relationship of rights and obligations of members. From the analysis conducted by the customary legal order in Bali there are in various forms such as awig, awig, perarem, eka eli kita, and others. The concept of Tri Hita Karana exists in the form of parhyangan, pawongan and palemahan relationships. In the preparation of Awig-Awig Sekaa Teruna Canthi Graha using the concept of pawongan as the basis for fulfilling the rights and obligations included in the provisions of self-driving pawongan and olih-olihan sekaa teruna.
KEDUDUKAN ANAK PEREMPUAN DALAM SISTEM PEWARISAN MASYARAKAT ADAT BALI PASCA KEPUTUSAN MDP BALI TAHUN 2010 (STUDI KASUS DI KECAMATAN BANGLI, KABUPATEN BANGLI, PROVINSI BALI) Jatiana Manik Wedanti I Gusti Ayu
VYAVAHARA DUTA Vol 17 No 1 (2022)
Publisher : Jurusan Hukum Fakultas Dharma Duta Universitas Hindu Negeri I Gusti Bagus Sugriwa Denpasar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25078/vyavaharaduta.v17i1.969

Abstract

Indigenous Balinese people who use a patrilineal system, after the issuance of the MDP Decree in 2010, slowly Balinese girls who were initially not entitled to any inheritance, even though they were also responsible for caring for their parents are now entitled to receive an inheritance from their families. The problem in this research is what is the position of women after the Bali MDP Decision 2010 in the inheritance of Balinese indigenous peoples and How is the existence of the Bali MDP Decree 2010 regarding inheritance in the Balinese Indigenous Peoples.The research method uses empirical juridical research methods. The conclusion obtained is that the girls have the right to receive inheritance in the form of inheritance from the Gunakaya property of their parents.The existence of the 2010 Bali MDP Decree is as a legal guide and as evidence of developments in Balinese customary law of inheritance.
PASEMAYAN PAWIWAHAN DALAM PERKAWINAN HUKUM ADAT BALI Dewa Krisna Prasada
VYAVAHARA DUTA Vol 16 No 2 (2021)
Publisher : Jurusan Hukum Fakultas Dharma Duta Universitas Hindu Negeri I Gusti Bagus Sugriwa Denpasar

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (322.148 KB) | DOI: 10.25078/vyavaharaduta.v16i2.1916

Abstract

Marriage in Balinese customary law is known as pawiwahan or wiwaha. Marriage in national law is regulated in Law Number 1 of 1974. The biggest problem in marriage is divorce which ends in conflict over property, both congenital and collective assets. Preventive action to prevent the above problems is by making a marriage agreement. This research focuses on normative legal research type that puts emphasis on the vagueness of norms in the marriage law regarding marriage agreements and explores more clearly the form and content of the marriage agreement in Balinese customary law. The result of this research is a form of marriage agreement, which is a written agreement made and legalized by a notary before the marriage is conducted. The contents of the marriage agreement include the classification of inherited and joint assets of the parties. In the making of this marriage agreement, good consequences are considered legally, psychologically, sociologically and culturally by the existence of this marriage agreement legal action. Perkawinan dalam hukum adat Bali dikenal dengan istilah pawiwahan atau wiwaha. Perkawinan dalam hukum nasioan diatur dalam Undang-Undang Nomor 1 Tahun 1974. Permasalahan terbersar dalam perkawinan yaitu perceraian yang berujung dengan konflik perebutan harta benda baik itu bawaan ataupun harta bersama. Tindakan preventif untuk mencegah terjadinya permasalahan diatas yaitu dengan dibuatnya perjanjian perkawinan. Penelitian ini akan berfokus pada jenis penelitian hukum normatif (normative legal research) yang menitik beratkan adanya kekaburan norma dalam undang-undang perkawinan mengenai perjanjian perkawinan serta mengulik lebih jelas bagaimana bentuk dan isi perjanjian perkawinan dalam hukum adat Bali. hasil dari riset ini yaitu bentuk perjanjian perkawinan yaitu perjanjian tertulis yang dibuat dan disahkan oleh notaris yang dibuat sebelum melangsungkan perkawinan. Isi dari perjanjian perkawinan antara lain pengkalsifikasian harta benda bawaan dan harta bersama para pihak. dalam pembuatannya perjanjian perkawinan ini tentunya ada akibat-akibat baik secara hukum, psikologis, sosiologis dan budaya dengan adanya perbuatan hukum perjanjian perkawinan ini

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