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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 9 Documents
 1 
Search results for , issue "Vol 18 No 2 (2023)" : 9 Documents clear
Pengaturan Asas Praduga Tak Bersalah (Presumption of Innocent) Pelaku Tindak Pidana Kesusilaan dalam Pemberitaan Media Massa Putu Nia Rusmiari Dewi; I Made Wirya Darma
VYAVAHARA DUTA Vol 18 No 2 (2023)
Publisher : Jurusan Hukum Fakultas Dharma Duta Universitas Hindu Negeri I Gusti Bagus Sugriwa Denpasar

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Abstract

This study aims to find out and analyze the regulation of the presumption of innocence contained in Article 5 Paragraph (1) of the Press Law in the mass media reporting on suspected criminal acts and to find out the legal consequences of applying the principle of presumption of innocence in media reporting on suspects of criminal acts of decency. The research method in this paper is normative which focuses on comparative law. The results of the research obtained are that the regulation of the presumption of innocence is the realization of the protection of human rights in the 1945 Constitution which is then stated in Article 8 of the Law on Judicial Power which is then used as a guarantee of justice for the protection of the rights of suspects during the criminal justice process. The legal consequence of the application of the principle of presumption of innocence is to limit the movement of the Indonesian press in reporting, especially cases that have not been decided legally by law, this right is carried out to protect the rights of suspects if later found not guilty by the court.
EFEKTIVITAS PENERAPAN PERATURAN DAERAH KABUPATEN KLUNGKUNG NOMOR 7 TAHUN 2014 TENTANG PENGELOLAAN SAMPAH Ni Ketut Sri Ratmini; I Made Adi Widnyana; Budhi Sugandhika
VYAVAHARA DUTA Vol 18 No 2 (2023)
Publisher : Jurusan Hukum Fakultas Dharma Duta Universitas Hindu Negeri I Gusti Bagus Sugriwa Denpasar

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Abstract

Regional Regulation of Klungkung Regency Number 7 of 2014 concerning Waste Management as the first step in combating problems starting from the management, manufacture (TPS) of Waste Disposal Sites, the formation of business entities (Waste Banks), as well as applying sanctions. In reality this arises from its roots, namely humans, people are less aware of the dangers of waste from flooding to disease, legal sanctions have been applied accordingly. Based on the background, the problems discussed in this study can be studied as follows: 1) The Effectiveness of the Implementation of the Klungkung Regency Regional Regulation on Waste Management? 2) Supporting and inhibiting factors for the enforcement of sanctions in the application of the Klungkung Regency Regional Regulation on Waste Management? This study refers to several relevant literatures, concepts and theories as a reference source, to be used as a scalpel against the formulation of the existing problem. The theory used is the Effectiveness of Law according to Lawrence M. Friedman, according to Soerjono Soekanto and the theory of the workings of law in society according to Robert B. Seidman. The method used in this research is empirical research, the nature of descriptive research, the form of qualitative data, primary and secondary data sources, data collection using observation methods, interviews, library research, determining research informants using purposive sampling techniques, research instruments using interview guidelines equipped with handphone, digital camera, recording, and with qualitative descriptive data analysis. The results of the research are as follows: 1. The local regulation of Klungkung Regency regarding Waste Management regarding the violation of littering has not been effective. 2. Supporting Factors such as Klungkung Regency Government Policies, the availability of 3R TPS and TPST in some areas, Satpol PP and DLH Klungkung Regency as supervisors and waste controllers in Klungkung Regency, supporting facilities and infrastructure for handling waste and inhibiting factors, regarding violations of littering there are factors that become obstacles, namely legal factors, law enforcement, facilities and infrastructure, society and culture. Efforts are made in divided into preventive efforts and reprentive efforts. From the results of the description above, it can be concluded that violations of littering still occur due to low public awareness and lack of socialization and supporting facilities. Keywords: Regional Regulation, Waste Management
Terobosan Hukum Pidana melalui Penghentian Penuntutan Perkara Tindak Pidana Umum Berdasarkan Keadilan Restoratif I Nyoman Triarta Kurniawan; I Made Wirya Darma
VYAVAHARA DUTA Vol 18 No 2 (2023)
Publisher : Jurusan Hukum Fakultas Dharma Duta Universitas Hindu Negeri I Gusti Bagus Sugriwa Denpasar

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Abstract

The Attorney General's Office as a law enforcement agency is required to play a role in upholding the rule of law, protecting public interests, upholding human rights, and eradicating corruption, collusion and nepotism. Demands for the efficiency of case resolution, protection of human rights are the roots of the emergence of case settlements through restorative justice. This research will discuss the authority of prosecution by prosecutors in the criminal justice system and termination of prosecution based on restorative justice as a legal breakthrough. This legal breakthrough allows for the termination of prosecution as stipulated in the Attorney General's Regulation of the Republic of Indonesia Number 15 of 2020 concerning Termination of Prosecution Based on Restorative Justice. The research method used in this writing is an empirical research method which uses primary data and secondary data and with data collection techniques through interviews. Based on the interview results obtained, it can be analyzed that the role of the prosecutor in stopping prosecution based on restorative justice is as a negotiator and facilitator between the two parties, namely the suspect and the victim for a peace agreement which is used as the basis for consideration in stopping criminal cases, but even so, not all criminal cases can be resolved with Restorative Justice.
IMPLIKASI UNDANG-UNDANG NOMOR 23 TAHUN 2014 TENTANG PEMERINTAHAN DAERAH TERHADAP PENGELOLAAN BAHAN GALIAN MINERAL BUKAN LOGAM DAN BATUAN I Made Sugita
VYAVAHARA DUTA Vol 18 No 2 (2023)
Publisher : Jurusan Hukum Fakultas Dharma Duta Universitas Hindu Negeri I Gusti Bagus Sugriwa Denpasar

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Abstract

Abstract One aspect that was also affected by the issuance of Law Number 23 of 2014 concerning Regional Government was the management of mining of non-metallic minerals and rocks, which before the issuance of Law Number 23 of 2014 concerning Regional Government was managed by the district/city government, then when This is the authority of the provincial government. The purpose of this research is to find out the implications of Law Number 23 of 2014 concerning Regional Government on the management of non-metal mineral minerals and rocks. Writing this article is done using the method of literature study. Literature research was carried out using policy conceptions, laws and regulations, theory or doctrine, and conceptual thinking and preliminary research related to the object of study in this study. The results of this study indicate that the management of non-metallic mineral materials and rocks, that currently Law Number 23 of 2014 has explicitly handed over as provincial government affairs, there is no longer the authority of district/city governments in terms of managing non-metallic mineral materials and rocks. When compared with Law Number 32 of 2004 that the management of non-metallic minerals and rocks is carried out proportionally and in more harmony or in sync with other laws and regulations. Proportionally means that there is authority that belongs to the district/city if it is actually in the district/city area which can be used for the greatest possible welfare of the people or to increase PAD, but there is also the authority of the provincial government, namely if mining c which covers cross-regency/ city ​​or located in the sea area between 4-12 nautical miles in one province. Changes in the authority to manage non-metallic mineral materials and rocks apart from creating conflicts with other laws and regulations, in a number of cases have actually created difficulties for local governments in implementing them, namely for regions that have difficulty in reaching them. metal and rock from the district/city government to the provincial government becomes ineffective and actually weakens the government itself, both in terms of licensing services and in terms of supervision. Keywords: Implications, Management and Non-metal mineral materials and rocks
KEPASTIAN HUKUM TERHADAP ORANG ASING YANG DIKENAI TINDAKAN ADMINISTRATIF KEIMIGRASIAN BERDASARKAN PASAL 75 AYAT (1) UNDANG-UNDANG NOMOR 6 TAHUN 2011 TENTANG KEIMIGRASIAN Anak Agung Linda Cantika Anak Agung Linda Cantika; Agus Surya Manika
VYAVAHARA DUTA Vol 18 No 2 (2023)
Publisher : Jurusan Hukum Fakultas Dharma Duta Universitas Hindu Negeri I Gusti Bagus Sugriwa Denpasar

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Abstract

Immigration becomes part of the embodiment in implementing the upholding sovereignty over Indonesian Territory with its duty to maintain order in the life of the nation and state towards prosperous society based on Pancasila and the 1945 Constitution of the Indonesian Republic. Legal development must receive top priority in order to reduce the occurrence of violations and crimes, especially foreigners who are in the territory of Indonesia. Based on this fact, the formulation of the problem in this thesis is how to regulate and legal certainty for foreigners in the territory of the Indonesian Republic who violate Article 75 paragraph (1) of Law Number 6 of 2011 concerning Immigration. The research method used was a normative research method by studying written law from various sources contained in historical theory, philosophy, comparison, structure, composition, scope and subject, articles explanations, formality and the strength of a binding law. This study used a statutory approach, a conceptual approach and a case approach. The data that has been obtained from the results of this study were compiled and analysed qualitatively, then the data was described descriptively The results of this study indicate that the legal certainty for foreigners who are subject to Immigration Administrative Actions based on Article 75 paragraph (1) of Law number 6 of 2011 concerning Immigration refers to the application of clear, permanent, consistent and consequential laws whose implementation cannot be influenced by subjective state of circumstances. The form of immigration administrative action imposed is in accordance to Article 75 paragraph (2) of Law number 6 of 2011 concerning Immigration.
LEGAL CERTAINTY ON ASTRA CHILDREN'S INHERITANCE RIGHTS FOR RECOGNITION OF BIOLOGICAL CHILDREN BASED ON STATE COURT DECISIONS: KEPASTIAN HUKUM HAK MEWARIS ANAK ASTRA ATAS PENGAKUAN ANAK BIOLOGIS BERDASARKAN PUTUSAN PENGADILAN NEGERI ni putu yuliana kemalasari
VYAVAHARA DUTA Vol 18 No 2 (2023)
Publisher : Jurusan Hukum Fakultas Dharma Duta Universitas Hindu Negeri I Gusti Bagus Sugriwa Denpasar

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A child cannot choose where and when they are born, therefore there are often instances where a child is born in a situation that is deemed illegitimate according to the law, namely a child born out of wedlock. The Marriage Law stipulates that a valid marriage is one conducted between a man and a woman based on their respective religious beliefs and convictions, recorded according to the provisions of applicable regulations. In the context of Balinese customary law, there exists a term known as “anak astra” for a child born out of wedlock whose father belongs to a higher caste than the mother. The presence of “anak astra” leads to discrimination against the rights of such children. In society, “anak astra” cannot have the same rights as their legitimate siblings, even if their parents later formalize their marriage, including inheritance rights. To address this issue, a normative juridical research method with literature study is employed. Therefore, an effort to legitimize “anak astra” can be achieved by recognizing and confirming them as legitimate children through a court declaration, subsequently recorded in the child’s birth certificate. In civil law, a child born out of wedlock who has been legitimized by a court decree changes their status to that of a legitimate child and obtains their rightful legal entitlements, but this is not the case in Balinese customary law, which does not equate the rights of “anak astra” with those born from valid marriages. Keywords: child out of wedlock, Balinese Customary Inheritance Law, Determination of Biological Children
NGANTEN KERIS SEBAGAI SALAH SATU UPAYA MEMBERIKAN KEPASTIAN HAK WARIS ANAK DALAM PERSPEKTIF HUKUM ADAT BALI Pasek Suryawan; Benyamin Tungga; Putu Eka Trisna Dewi
VYAVAHARA DUTA Vol 18 No 2 (2023)
Publisher : Jurusan Hukum Fakultas Dharma Duta Universitas Hindu Negeri I Gusti Bagus Sugriwa Denpasar

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Abstract

Balinese people know a marriage tradition called Nganten Keris. Where a nganten keris marriage is a marriage carried out by a woman with a keris which is a symbol or substitute for the man in the marriage process. There are several factors that cause the occurrence of kris nganten. Among other things, because the groom was unable to attend, the groom was from a higher caste than the bride, and because the woman was pregnant outside of marriage and there was no man willing to marry the woman. Nganten keris is used as an effort to provide certainty about the status of the birth of a child. Because in Balinese customary law, the legal status of a child is determined at the birth of the child. Balinese customary law requires that in order to be an heir a child must be born in a valid marriage according to Balinese customary law. The research method used is normative research using literature studies related to Balinese customary law and Hinduism, in order to find answers to the problem of nganten keris which is used as an effort to provide legal certainty regarding children's inheritance rights in Balinese customary law. Keywords : Nganten Keris, Balinese Traditional Inheritance, Balinese Customary Law.
KESETARAAN GENDER DITINJAU DARI PERKEMBANGAN HUKUM WARIS BAGI PEREMPUAN BALI Ida Ayu Putu Sri Astiti Padmawati, SH.,MH.; Ida Bagus Sudarma Putra
VYAVAHARA DUTA Vol 18 No 2 (2023)
Publisher : Jurusan Hukum Fakultas Dharma Duta Universitas Hindu Negeri I Gusti Bagus Sugriwa Denpasar

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Balinese society with a patrilineal kinship system (in Bali it is better known as purusa or kapurusa), is always interesting to provide material for discussion, especially when it is associated with the position of women in the family and society. The existence of Balinese women, in various aspects of life, is felt to be in a position that does not reflect gender equality and justice. The Kapusa system adopted is "cornered" as the main cause of creating an unfavorable atmosphere for Balinese women, especially in the distribution of inheritance. the research used is normative legal research methods, with a statutory approach (The statue approach) and the Conceptual Approach (The Conceptual Approach). Sources of legal materials that will be used to support the discussion of the above issues are primary legal materials, secondary legal materials, and tertiary legal materials. The results of this study are the Decision of the Pesamuhan Agung MUDP (Majelis Utama Desa Pakraman) Bali Number 01/KEP/PSM-3/MDP Bali/X/2010 dated 15 October 2010 concerning the Results of the Grand Assembly III of the Main Council of Pakraman Village Bali can bring changes that are fundamental to the regulation of Balinese customary inheritance law. The decision of the Pesamuhan Agung gave Balinese women inheritance rights over the gunakaya inheritance left by the heir. Although the Decision of the Pesamuhan Agung does not stipulate the distribution of rights for women and men equally as the sense of justice itself, for the people of Bali this is an extraordinary change, and therefore it needs to be socialized more clearly so that it can be fully and comprehensively understood by all levels of society. Balinese customary law communities including local governments and law enforcers. Keywords: Gender Equality, Women, inheritance rights.
A A Progressive Criminal Law View Regarding Criminal Liability In Robotic Crimes Mas Tri Wulandari Ni Gusti Agung Ayu
VYAVAHARA DUTA Vol 18 No 2 (2023)
Publisher : Jurusan Hukum Fakultas Dharma Duta Universitas Hindu Negeri I Gusti Bagus Sugriwa Denpasar

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The Industrial Revolution 4.0 era has produced many advanced technological innovations. One of the results of advanced technology resulting from the Industrial Revolution 4.0 which is widely used in Society 5.0 is robotic technology. Apart from the trend of using robots and their positive impacts, robots can also have negative impacts. Robots can be a tool, even a perpetrator of crime. This research will focus on the progressive criminal law view of criminal liability in robotic crimes. The results of this research are that three accountability approaches can be applied, namely through proportional, strict and direct liability. Through a clear legal framework regarding criminal liability resulting from robot crimes, the law becomes responsive to developments in the current era. Apart from that, the law can also function as "social engineering" in that it encourages legal entities or AI makers to be more careful and careful in building systems so that the AI ​​system which is an important basis for making robots does not cause robots to act in ways that can attack, injure, or endanger other parties.

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