cover
Article Per Year (5 Year)
All
Home Page
OAI Link
Editorial Team
Contact
Reviewer
Google Scholar
Contact Name
I Made Adi Widnyana
Contact Email
uji@uhnsugriwa.ac.id
Phone
+6282236165444
Journal Mail Official
uji@uhnsugriwa.ac.id
Editorial Address
Jl. Ratna No. 51 Denpasar, Bali
Location
Kota denpasar,
Bali
INDONESIA
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
 1   2   3   4   5 
ABORSI DITINJAU DARI PERSPEKTIF HUKUM HINDU Ni Ketut Kantriani; Ni Wayan Arini
VYAVAHARA DUTA Vol 17 No 2 (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.v17i2.1972

Abstract

Abortion has always been an interesting topic todiscuss from a legal perspective, both national law and religious law, especially Hindu religious law. This is due to conflicts between the Criminal Code and Law Number 36 Year 2009 concerning Health. This contradiction can be seen from Article 299, Article 346 to Article 349 of the Criminal Code which regulates and strictly prohibits abortion for any reason, religious law in Indonesia, including Hindu religious law, strictly prohibits abortion, but in Law No. allow abortion on the grounds of medical emergency indications and rape victims. In Indonesia, abortion is regulated in the Criminal Code, which is classified as a crime against life. This act of abortion is prohibited because it is not in accordance with the rights of human life, which is one of the aspects concerning the right of the fetus to live and the reproductive rights of women. All religions in Indonesia expressly prohibit abortion, especially in Hindu law, abortion is a violation of Hindu criminal law (Kantaka Sodhana), namely public law which contains legal regulations that regulate legal relations between citizens and the state concerning the public interest. Kantaka Sodhana regulates matters concerning lying (crimes against the lives of others), corah (crimes against other people's property) and paradara (crimes against decency or decency) as well as sanctions imposed on violators. Abortion in Hindu Criminal Law is included in lying (a crime against another person's life).Hindu religious law strictly prohibits the act of killing which in Hinduism is called himsa karma. Hindu law regulates the prohibition of killing living things such as animals, humans and including abortion because this act is an act of sin, this is stated in the slokantara sloka 17 which is the biggest sin (Ati Pitaka). The verse states that the biggest sins include 1) destroying holy places (temples, mosques, churches), 2) killing Brahmins, priests, and 3) abortion. From the explanation of the verse, abortion or abortion in Hindu religious law is the biggest sin.
UPAYA HUKUM PERLINDUNGAN RAHASIA DAGANG WARALABA (FRANCHISE) PADA BIMBINGAN BELAJAR I Gede Putu Mantra; Desyanti Suka Asih K. Tus; Ni Luh Mia Lastinia
VYAVAHARA DUTA Vol 17 No 2 (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.v17i2.1973

Abstract

One of the Intellectual Property Rights that plays animportant role in the franchise business is Trade Secrets. Global business competition makes it necessary to provide protection for Trade Secrets in order to create a healthy business world. Franchise business systems can be carried out in various fields, namely the field of goods and services. One of them is tutoring, namely the Franchise business in the service sector. One of the agreements in the tutoring franchise agreement is about trade secrets. Franchise cooperation agreement in tutoring is to provide a license for the utilization or use of Trade Secrets for a certain period of time. The owner of a Trade Secret allows his business partner to use some of his Trade Secret to run a business, so this can open an opportunity or loophole to violate the confidentiality of the Trade Secret.Legal remedies against violations of Trade Secrets in tutoring can be made based on the provisions of Article 12 of Law no. 30 of 2000 concerning Trade Secrets. Settlement of cases related to Trade Secrets can not only be done through arbitration and through the ADR (Alternative Dispute Resolution) route, besides that it can be carried out based on criminal law, as well as based on civil law. Cases of violation of Trade Secrets in tutoring may be subject to sanctions based on Article 17 Paragraph (1) of the Trade Secrets Law. Violation of Trade Secrets also includes unlawful acts based on Article 1365 of the Civil Code. Meanwhile, violations of Trade Secrets in criminal law are included in opening secrets, which are contained in Article 322 Paragraph (1) of the Criminal Code.
PENERAPAN UU. 23 TAHUN 2004 TENTANG PENGHAPUSAN KDRT DI KOTA DENPASAR I Nyoman Alit Putrawan
VYAVAHARA DUTA Vol 17 No 2 (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.v17i2.1974

Abstract

Domestic violence is a serious problem that must beaddressed with a fair law so that victims who experience physical and mental harm feel protected. Domestic violence can occur based on several reasons and backgrounds. Domestic violence is not allowed. So that the government issues laws and regulations to protect its people from violent injustice. This study aims to analyze the application of Law no. 23 of 2004. Where in its application it will be considered futile if the community does not take part in protecting fellow human beings from violence.
KEDUDUKAN TENAGA MENENGAH KEFARMASIAN DALAM DIMENSI PERATURAN TENAGA KESEHATAN DAN KEFARMASIAN I Made Adi Widnyana; IB. Sudarma Putra; DA. Istri Krisna Dewi
VYAVAHARA DUTA Vol 17 No 2 (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.v17i2.1975

Abstract

There has been a conflict of norms betweenGovernment Regulation Number 51 of 2009 concerning Pharmaceutical Work and Law Number 36 of 2014 concerning Health Workers. The existence of this conflict of norms causes problems in the practice of pharmaceutical services in the field so that this provides legal uncertainty, especially for pharmacists with high school certificates to carry out their practice. Therefore, it is necessary to conduct an assessment and analysis based on legal theory so as to be able to provide certainty for pharmacists with vocational high school certificates who have carried out professional practice.This writing uses a normative research method with a statutory and historical approach. The tiered legal theory states that law is always formed and abolished by the competent authorities to form it based on higher rules, so that lower (inferior) rules can be formed based on higher (superior) rules. Therefore, the position of Pharmaceutical Health Workers refers to Law No. 36 of 2014 not on Government Regulations, so that the position of Pharmaceutical Health Workers who still have a vocational high school diploma who previously worked as a health worker is now changed to an assistant health worker.
PERLINDUNGAN HUKUM TERHADAP PEMEGANG HAK MEREK TERKENAL HUGO BOSS DARI PENIRUAN Ida Ayu Ketut Artami; Kadek Januarsa Adi Sudharma; Made Widya Prasasti
VYAVAHARA DUTA Vol 17 No 2 (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.v17i2.1976

Abstract

For the sake of prestige, Indonesian people prefer tobuy well-known brand products. This then used by industry players to gain profits by committing trademark infringement against well-known international brands. One brand that is often being imitated is HUGO BOSS, which is famous in the field of fashion. The problem that arises from this background is how the procedure for registering international marks in Indonesia and the legal protection for HUGO BOSS trademark rights holders according to Law no. 20 of 2016 (MIG Law)?. Normative legal research is used in this research. Legal materials types used are, primary which is MIG Law; secondary; and tertiary are used. This research uses a case and legislation approach. The technique of analyzing legal materials is qualitative descriptive to describe regulation related to trademark rights, legal protection specifically for well- known marks systematically. The result is that the procedure for registering international marks in Indonesia is based on Article 52 of the MIG Law which is further regulated in the PP Madrid Protocol. Foreign parties wishing to register a trademark in Indonesia must submit a registration application to the international bureau and it will foward the application to the Minister. The legal protection given HUGO BOSS is preventive legal protection, by registering a mark as regulated in the MIG Law, PP Madrid Protocol and other regulation regarding tradenark. HUGO BOSS also gets repressive legal protection, by filing a trademark cancellation lawsuit to the Commercial Court and submitting an appeal to the Supreme Court.
VALIDITAS DAN EFEKTIFITAS HUKUM ADAT TENTANG PENGELOLAAN LINGKUNGAN HIDUP DI DESA ADAT PENGLIPURAN I Gede Januariawan; I Nyoman Nadra
VYAVAHARA DUTA Vol 17 No 2 (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.v17i2.1978

Abstract

Exploitation of natural resources without regard tosustainability causes environmental damage. Environmental damage will ultimately reduce the quality of human life. Natural disasters such as floods, landslides, global warming and climate change are the result of environmental damage. Penglipuran Traditional Village is located in the Kubu Village area, Bangli District. It is interesting to do research in this village because the community is able to maintain environmental sustainability well. It is interesting to do research in this village because the community is able to maintain environmental sustainability well. The author's initial observations show that people do not know about the laws and regulations governing the environment. The community maintains, preserves their environment, because they follow the customary rules that apply in the Penglipuran Traditional Village.This study examines the validity and effectiveness of the Validity and Effectiveness of Customary Law on Environmental Management in Penglipuran Traditional Village. The data were obtained by in-depth interview techniques, observation, and by conducting a literature study. The discussion using the theory of legal effectiveness from Hans Kelsen is used to discuss the first problem. The second problem in this study will be discussed with the theory of validity and law enforcement. The third problem in this study will be discussed with the theory of legal validity. This theory explains how and what the conditions are so that a legal method becomes legitimate and valid or valid, so that it can be applied to the community and can be forced.The analysis shows that the Penglipuran community can still survive to preserve their environment because the customary village community adheres to the provisions of the Customary Law contained in awig-awig and perarem. The rules of customary law regarding environmental conservation meet the requirements for the validity of a legal rule so that it is effective. The rules of customary law also meet the requirements for social, juridical and moral applicability.
AKIBAT HUKUM PIDANA TERHADAP SELEBGRAM YANG MEMBERIKAN INFORMASI TIDAK BENAR TERKAIT ENDORSEMENT PRODUK DI MEDIA SOSIAL INSTAGRAM I Gusti Ayu Jatiana Manik Wedanti; Pande Komang Sri Agurwardani; I Made Suastika Ekasana
VYAVAHARA DUTA Vol 17 No 2 (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.v17i2.1981

Abstract

This research was conducted to find out how theconsequences of criminal law for celebrities who promote products that harm consumers by conveying incorrect information through Instagram social media. The formulation of the problem in this study is what is the celebrity information that can be said to violate the law in order to endorse products on social media. What are the consequences of criminal law on celebgrams that provide incorrect information regarding product endorsements on Instagram social media. This research uses normative research methods. The results show that in carrying out celebrity endorsement activities, it is prohibited to provide inaccurate information regarding the information on the products being traded. In the Crime of Participation Deelneming, the position of the program in promoting products according to the requests of online traders is as a person who is ordered to commit a criminal act (Pleger). Criminal liability can only be asked to the person who ordered it (Doen Plegen), namely online traders. In this study, there was also no specific arrangement regarding the celebrity in making endorsements. The existing arrangements only ensnare business actors so that those who can take responsibility for mistakes are business actors who produce products.
PERLINDUNGAN HUKUM TERHADAP NASABAH DARI KERUGIAN KEGIATAN PERBANKAN YANG DILAKUKAN PEKERJA OUTSOURCING I Made Aditya Mantara Putra; Ketut Adi Wirawan
VYAVAHARA DUTA Vol 17 No 2 (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.v17i2.1982

Abstract

In banking practice, in the implementation of itsactivities, there are many problems. This problem often results in losses experienced by bank customers in banking activities. Liability for losses from bank customers is generally replaced by the Bank. Based on the reasoning that the convict committed the unlawful act in the capacity of serving as a relation manager at the bank. Of course, customer losses are the responsibility of the bank, in the perspective of a business entity (corporate). However , the problem will be different when the person who commits an unlawful act is carried out as a worker at a bank but in the status of an outsourced worker . However, an outsourced worker is the responsibility of a bank company (on the one hand) and an outsourcing company (on the other). Legal Protection of Customers in Banking Activities is regulated in Article 46 to 53 of Law Number 10 of 1998 concerning Amendments to Law Number 7 of 1992 on Banking and Article 4 and Article 19 of Law Number 8 of 1999 concerning Consumer Protection. Based on the theory of justice and legal responsibility, compensation as a form of legal responsibility for customer losses in banking activities is not only borne by the bank, but also the personal actors and the outsourcing company.
PERANAN NOTARIS DALAM PENGESAHAN ANGGARAN DASAR PERSEROAN TERBATAS MELALUI SISTEM ADMINISTRASI BADAN HUKUM (AHU ONLINE) I KADEK ADI SURYA; Putu Andhika Kusuma Yadnya; I Dewa Gede Budiarta
VYAVAHARA DUTA Vol 18 No 1 (2023)
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 (242.016 KB)

Abstract

Legal Entity Administration System or SABH (formerly known as Sisminbakum) is a type of legal service provided to the business community in the process of ratifying PT legal entities, granting approval for changes to the articles of association of PT, receiving notification of changes to the articles of association of PT and changes to PT data, as well as notification of information others electronically (via computer networks and the internet), organized by the Directorate General of General Legal Administration (Ditjen AHU) at the Ministry of Law and Human Rights of the Republic of Indonesia. Prior to 2000, the process of legalizing a limited liability company was done manually, starting from receiving files which included checking names, payments and making control cards, so it took quite a long time. The enforcement of the SABH began on October 4, 2000 based on the Decree of the Minister of Justice and Human Rights of the Republic of Indonesia number M-01.HT.01.01 of 2000. To establish a company, it must meet the requirements and procedures that have been determined by the Limited Liability Company Law. The establishment of a Limited Liability Company must meet the following requirements: a.) The company is established by two or more persons with a notarial deed drawn up in the Indonesian language, b.) Each company founder is required to subscribe to shares at the time the company is established, c.) The company obtains status of a legal entity on the date of issuance of a ministerial decree concerning the legalization of a legal entity of a company and d.) After the company has obtained the status of a legal entity and the shareholders have become less than two persons, within a period of no later than six months as of the said situation, the shareholder concerned is obliged to transfer part of its shares to other people or the company issues new shares to other people. With the enactment of the Decree of the Minister of Justice and Human Rights of the Republic of Indonesia number M-01.HT.01.01 of 2000 concerning the implementation of the administrative system of legal entities, the process of legalization of legal entities is carried out electronically replacing the old system, namely manual registration of legal entities.
TRANSPARANSI DAN AKUNTABILITAS PENGELOLAAN KEUANGAN DESA ADAT MENURUT PERATURAN GUBERNUR BALI NOMOR 34 TAHUN 2019 TENTANG PENGELOLAAN KEUANGAN DESA ADAT DI BALI (STUDI KASUS DI DESA ADAT KASTALA, KECAMATAN BEBANDEM, KABUPATEN KARANGASEM) I Made Sugita
VYAVAHARA DUTA Vol 18 No 1 (2023)
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 (249.971 KB)

Abstract

Financial Management of Traditional Villages in Bali must be managed in an orderly manner, in compliance with laws and regulations, effective, efficient, transparent, and responsible with due observance of the principles of fairness, decency, and practicality. These provisions provide very clear instructions that the parties involved in managing traditional village finances must pay attention to the elements of accountability and transparency so that in the end it leads to the development of a more advanced traditional village. This study aims to understand the implementation of transparency and accountability in the management of traditional village finances in the Kastala Traditional Village, Bebandem District, Karangasem Regency. The type of research used in compiling this research is empirical legal research. This research is descriptive-qualitative in nature. The kind of data used is in addition to using primary data also using secondary data. Primary data collection techniques are through field research, while secondary data is obtained through library research. The results of this study indicate that the Kastala Traditional Village has implemented traditional village financial management starting from the planning, implementation, reporting, and accountability stages and has fulfilled the principles of transparency and accountability. At the planning stage, Kastala Traditional Village always involves the Krama (community) of the Traditional Village to plan priority programs to be implemented. At the implementation stage, Bendesa Adat and his staff always inform Krama Desa Adat Kastala so that Krama Desa Adat knows how far the customary village funds have been used and how much funds have been used. As well as for the reporting and accountability stages, every activity carried out in the Kastala Traditional Village is always documented and an Accountability Report (LPJ) is prepared in accordance with the technical instructions in the Governor of Bali Regulation No. 34 of 2019 concerning the Management of Indigenous Village Finance in Bali which is then submitted to Krama (community) during the Paruman (meeting) traditional village.

Page 3 of 9 | Total Record : 86

 1   2   3   4   5 

Filter by Year

2021 2025


Reset
Filter By Issues
All Issue Vol 20 No 2 (2025): Vyavahara Duta Vol 20 No 1 (2025) Vol 19 No 2 (2024) Vol 19 No 1 (2024): Vyavahara Duta Vol 18 No 2 (2023) Vol 18 No 1 (2023) Vol 17 No 2 (2022) Vol 17 No 1 (2022) Vol 16 No 2 (2021)