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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 10 Documents
 1 
Search results for , issue "Vol 20 No 1 (2025)" : 10 Documents clear
Kedudukan Hukum Terhadap Perempuan Nyerod Yang Mulih Daha Di Desa Adat Kaba-Kaba Kecamatan Kediri Kabupaten Tabanan : Kedudukan Hukum Terhadap Perempuan Nyerod Yang Mulih Daha Di Desa Adat Kaba-Kaba Kecamatan Kediri Kabupaten Tabanan Oktavani Dewi, Inten
VYAVAHARA DUTA Vol 20 No 1 (2025)
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.v20i1.4196

Abstract

This research is based on the occurrence of a divorce experienced by a woman who used to have a nyerod marriage process and then separated from her husband and decided to return to her original home, namely mulih daha in the traditional village of Kaba-Kaba, Kediri District, Tabanan Regency. Therefore, various questions arise regarding the legal status of women who mulih daha. The research method used is an empirical research method, with the types of interview approaches, observations and direct research in several places related to this research. The legal material collection techniques used are interviews and observations. The results of the research conducted by the author indicate an error in the legal status of women who nyerod who mulih daha in placing their status in the bajang house. This study aims to analyze the legal status of women who nyerod who mulih daha in the traditional village of Kaba-kaba, Kediri District, Tabanan Regency. Legal status is the situation of a party who has been recognized as meeting the criteria to express problems in court while women nyerod is the decline in the social status of a girl who is the result of marrying someone with a lower social status. The findings in this study are that women who do "nyerod" are viewed well in the Kaba-Kaba traditional community. If a woman then experiences a divorce or the death of her husband, she may "mulih daha", returning to her family of origin. Women who do nyerod describe a change in social status that can affect the individual being viewed well by the surrounding community. This can also have social and psychological impacts on the woman, including interacting with family, friends, and the wider community. In the Balinese context, caste reduction through marriage can affect various aspects of life, from social acceptance to economic opportunities and participation in traditional ceremonies.
Peran Korban Kausa Kejahatan Cyber Sexual Harrasement di Media Sosial Dalam Kajian Viktimologi : Kajian Viktimologi dalam mengetahui seberapa jauh peran korban dalam kejahatan Cyber Sexual Harrasement kadek, wiwin asita
VYAVAHARA DUTA Vol 20 No 1 (2025)
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.v20i1.4453

Abstract

The crime of Cyber Sexual Harrasment is a crime that is not only responsible for the actions of the perpetrator as one of the causes of this crime on social media, but the role of the victim can also affect the occurrence of this crime seen for how the context of posting photos/videos that are presented to the public. Through the study of victimology, which studies about victims, the author can find out what theories affect the emergence of crime caused by the role of victims. The purpose of writing this article is 1). To find out what causes the crime of Cyber Sexual Harrasement committed by the perpetrator to the victim of social media users who are not even known, 2). How much the role of the victim influences the intention of the perpetrator to commit the crime of Cyber Sexual Harrasement in general on social media, and 3). How is the regulation related to the crime of cyber sexual harassment in cyberspace. The author conducts qualitative research using a descriptive method which aims to collect data and explain how a phenomenon occurs and clearly describes the findings and connects several theories of victimology as a study of the occurrence of the phenomenon. Through the study of Viktimology, the answers to the objectives of this research can be explained in detail and systematically so as to provide a deep understanding for the reader.
Pengaturan Dewan Pers dalam Penanggulangan Tindak Pidana Pers pada Era Digital ADI, KETUT ADI WIRAWAN
VYAVAHARA DUTA Vol 20 No 1 (2025)
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.v20i1.4516

Abstract

The press as one of the main pillars of democracy has an important role in delivering accurate and objective information to the public. In this context, restrictions on press freedom are regulated in the Criminal Code and other laws and regulations, including Law No. 40/1999 on the Press. This study aims to analyze in depth the criminal law arrangements in the law, considering that the changes have not kept up with the development of the digital era. This research uses a normative legal method with a legislative approach and legal concept analysis to examine the relevance of criminal law arrangements in facing the challenges of information technology. The research findings show that some of the content in Law No. 40/1999 on the Press is no longer relevant in the ever-evolving digital era, so a more adaptive regulatory reformulation is needed. In addition, the role of the Press Council in overseeing the implementation of the journalistic code of ethics and protecting journalists from criminalization needs to be strengthened. This research contributes to providing recommendations for legal policies that are more effective in tackling press crimes in the digital era. Thus, it is important to reform press regulations in order to be able to face the challenges of information globalization and maintain the integrity of press freedom in Indonesia.
ANALISIS YURIDIS PENGATURAN PEMBATASAN PERIODISASI DEWAN PERWAKILAN RAKYAT REPUBLIK INDONESIA DALAM MENJAMIN LAW-ABIDING SOCIETY ABHISEKA, I GEDE DRUVANANDA
VYAVAHARA DUTA Vol 20 No 1 (2025)
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.v20i1.4569

Abstract

The regulation of term limits for state institutions is an essential component in building a democratic national political system. In Indonesia, such term limits have been implemented for the President, Vice President, and Justices of the Constitutional Court, but not for members of the House of Representatives (Dewan Perwakilan Rakyat, DPR). The absence of term limit regulations for DPR members is evident in the 1945 Constitution of the Republic of Indonesia (UUD NRI 1945), Law No. 7 of 2017 on General Elections, and Law No. 2 of 2011 on Political Parties. This study aims to examine the urgency of imposing term limits on DPR members as a means to strengthen democratic principles and create a more equitable constitutional system. The research employs a normative legal method, focusing on legal principles, norms, rules, court decisions, agreements, and legal doctrines. The findings indicate that setting term limits for DPR members is crucial to prevent the concentration of power by individuals or groups, uphold equality and fairness in state life, and foster the regeneration of ideas and policy innovation within the legislative body. Through such limitations, it is expected that a legal system more responsive to societal dynamics will emerge, thereby enhancing citizen participation in democratic governance. Consequently, regulating the periodic tenure of DPR members constitutes a strategic step toward establishing a law-abiding society and a healthier constitutional order.
Analisis Terhadap Putusan Mahkamah Konstitusi Republik Indonesia Nomor 60/PUU-XXII/2024 Tentang Ambang Batas Pencalonan Kepala Daerah di Pilkada Tahun 2024 Menimbulkan Ketidakpastian Hukum Untuk Pilkada Berikutnya Sihaloho, Hasiholan
VYAVAHARA DUTA Vol 20 No 1 (2025)
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.v20i1.4629

Abstract

In response to the legal uncertainty arising from Constitutional Court Decision No. 60/PUU-XXII/2024 regarding the candidacy threshold for regional head elections (Pilkada), several strategic recommendations can be implemented to ensure a more transparent and fair electoral process. These include: (a) establishing clear procedural policies, (b) strengthening the role of the legislature (DPR) in lawmaking, (c) limiting the authority of the Constitutional Court, (d) promoting legal education and public awareness, (e) monitoring and evaluating the election process, and (f) conducting academic studies and research. In the context of the regional head candidacy threshold, regulations regarding this threshold should no longer be subject to change within 200 days before the opening of candidate registration by the General Election Commission (KPU). If this measure is not enforced, referring to Constitutional Court Decision No. 60/PUU-XXII/2024, which was issued seven days before the KPU accepted candidate registrations, the Constitutional Court could potentially amend the candidacy threshold regulations just one day before the KPU begins accepting candidate registrations in the 2029 Pilkada.
The Kedudukan Hukum Surat Kuasa Membebankan Hak Tanggungan yang dibuat PPAT: Kedudukan Hukum Surat Kuasa SULISTYAWATI, NI PUTU YUNIKA
VYAVAHARA DUTA Vol 20 No 1 (2025)
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.v20i1.4674

Abstract

Abstract An agreement is an event where one person promises to another person or where two people promise each other to carry out something. From this event, a relationship arises between the two people which is called an alliance. Thus, the relationship between an agreement and an agreement is that the agreement issues an obligation. Agreements are a source of engagement, in addition to other sources. This means that an agreement is an abstract meaning, while an agreement is a concrete thing or an event. The method used is a normative method, there are 2 benefits of this research, namely theoretical benefits and practical benefits. The theoretical benefits of this research are expected to contribute to increasing information and insight in discussing the problem of land ownership fraud. And the practical benefit of this research is that through this research it is hoped that it will provide an overview, input and suggestions for the general public, the position of a power of attorney that imposes mortgage rights made by PPAT Requirements and documents needed in the process of making a deed. The following are the conditions for making a SKMHT. It does not contain the power to provide other legal action, but only relates to the imposition of mortgage rights. debtor. The function of the Power of Attorney to Install Mortgage Rights (SKMHT) in Granting Mortgage Rights in the Perspective of Law Number 4 of 1996 concerning Mortgage Rights. The legal position of the Power of Attorney deed to encumber the mortgage rights made by PPAT is that it is an additional/additional agreement (accessoir) which gives rise to a legal relationship between debts and receivables (credit agreement). Because Mortgage Rights are by their nature a subsidiary agreement or accessoir to certain receivables, which are based on a principal agreement, their birth and existence is determined by the existence of receivables whose repayment is guaranteed. The form of SKMHT is regulated in the provisions of Article 15 UUHT.
Tinjauan Yuridis Tentang Kekuatan Hukum Akta Di Bawah Tangan Dalam Pembuktian I Gede Putu Mantra
VYAVAHARA DUTA Vol 20 No 1 (2025)
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.v20i1.4727

Abstract

There is no provision governing whether an agreement is made in writing or made orally. In the event that the agreement is made in writing, whether the agreement is made in front of an authorized public official (notary) or the agreement is made under hand. If a written agreement is made in front of an authorized public official (notary), it will produce a deed called an authentic deed. A deed is a writing that can explain/explain a legal act that can be used as a means of proof for a legal act. The difference between a deed under hand and an authentic deed, where an authentic deed has perfect evidentiary power, meaning that if a person submits an authentic deed to the judge as evidence, then the judge must accept and consider what is written in the deed as an event that has actually occurred. While the deed under hand is said to have perfect evidentiary force, if the parties to the agreement acknowledge or disprove the signature contained in the deed. This can be interpreted as the parties admitting or not denying the truth written in the agreement. So the deed under hand acquires the same evidentiary force as an official (authentic) deed
KAJIAN FEMISIDA DALAM PERSPEKTIF GENDER SEBAGAI DAMPAK DARI BUDAYA PATRIARKI yuliana kemalasari, ni putu
VYAVAHARA DUTA Vol 20 No 1 (2025)
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.v20i1.4745

Abstract

A crime committed by making women as objects or victims, is often associated with patriarchal culture. This form of crime is known as femicide or feminicide. Femicide can be interpreted as an act of intentional murder of women because they are women. This phenomenon is an important study material considering that the patriarchal culture in society is considered as one of the things that triggers the emergence of femicide. This study will focus on the crime of femicide associated with a gender perspective which is studied from a patriarchal cultural perspective. To answer this problem, this study uses a normative juridical method that will focus on primary legal sources, namely library materials that will provide answers to how patriarchal culture influences femicide from a gender perspective. With this research, it is hoped that it can provide input on how patriarchal culture can have a major impact on social life in society to the point of giving birth to gender-based understandings and actions including femicide.
PENGEMBANGAN DESA WISATA DI BALI MELALUI PENGUATAN LEMBAGA PERKREDITAN DESA (LPD) BERLANDASKAN ATAS TRI HITA KARANA Ida Ayu Putu Sri Astiti Padmawati, SH.,MH.
VYAVAHARA DUTA Vol 20 No 1 (2025)
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.v20i1.4782

Abstract

This study aims to reconstruct the LPD as a village-owned financial institution that can play a role in the development and formation of tourist villages in Bali. The research method used in this study is normative method. The research used statute, conceptual, and sociological approach. The existence of tourism village in Bali provides space for LPDs to participate in making their presence knowns amidst increasingly fierce competition between banking institutions. LPD is the main milestone of local wisdom-based capital in the development of tourist village in Bali. Of course, LPD institutions need to cooperate with other local institutions, including Village -Owned Enterprises. This research proves the relevance of Cybernetics theory, which is tailored to the role of the LPD as a traditional village financial institution. This research offers institutional strengthening of LPDs in the development of Tourism Villages in Bali through a cooperation scheme with Village-Owned Enterprises as a village-owned legal entity that can carry out business activities.    
ASPEK LEGALITAS CAGAR BUDAYA PURA DALEM SOLO DI DESA SEDANG KECAMATAN ABIANSEMAL Wijayanti, Eva; I Made Adi Widnyana; I Made Suta
VYAVAHARA DUTA Vol 20 No 1 (2025)
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.v20i1.4884

Abstract

Dalem Solo Temple Located in Medium Village, Abiansemal District, is generally used as a place of worship for Hindus, has a lot of history and has the potential to become an excellence. However, if it is not managed creatively and innovatively, this will be a threat to the Cultural Heritage. Management efforts through the preservation of Cultural Heritage must be carried out carefully based on basic concepts in the form of master plans and detailed implementation documents to anticipate deviations when implementing future strategies. Dalem Solo Temple is a Cultural Heritage under the guidance of the Bali Archaeological Preservation Center. Based on this description, the problem will be studied through  Objectives, including: To Know and Analyze the Legality Aspects in Preserving the Cultural Heritage of Dalem Solo Temple in Sedang Village.  The research was studied using empirical legal research methods that used legal theory, namely legal protection theory and supervision theory. The results of the study show that community participation in the village is included in the free category, meaning that seen from the degree of volunteerism, the way of involvement in various stages of the development process involves themselves directly without being represented in community activities. The legality of the Cultural Heritage of Dalem Solo Temple is under the guidance of the Bali Archaeological Heritage Preservation Center.1) Dalem Solo Temple which is based on the Decree of the Head of the Bali Archaeological Heritage Preservation Center in the Working Area of the Province of Bali, NTB and NTT Number: HK.501/06/UPT/DKP/2007 concerning the Determination of Cultural Heritage Objects. 2) Letter of Determination of Cultural Heritage Objects, Number: HK.501/07/UPT/DKP/2007 Decree of the Badung Regency Cultural Office.

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