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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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SIFAT FINAL DAN MENGIKAT PUTUSAN DEWAN KEHORMATAN PENYELENGGARA PEMILU (DKPP) DALAM MEWUJUDKAN KEADILAN ELEKTORAL (ELAKTORAL JUSTICE) DAN BUDAYA DEMOKRASI I Gede Druvananda Abhiseka; I Made Adi Widnyana
VYAVAHARA DUTA Vol 18 No 1 (2023)
Publisher : Jurusan Hukum Fakultas Dharma Duta Universitas Hindu Negeri I Gusti Bagus Sugriwa Denpasar

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Abstract

Elections are one of the mechanisms for the transition of power that was born at the same time as democracy. in Indonesia there are three institutions involved in holding general elections (elections), namely KPU, Bawaslu, and DKPP, DKPP officially becomes a state institution in the realm of upholding the ethics of holding elections. The presence of this DKPP is a solution to problems regarding integrity and credibility of election organizers, as well DKPP can be said that this institution is an institution that performs mixed functions (mix-function), namely administrative, regulatory, and punitive functions. DKPP in the decision as referred to in Article 458 paragraph (10) is final and binding. So from the above the presence of the DKPP is very important, and the presence of the DKPP is a solution to problems regarding the integrity and credibility of election organizers, because elections with integrity are still a serious problem, especially in Indonesia. The purpose of this research is to find out and show a paradigm as well as new hopes for the legal system and constitutional law in the future, especially in electoral law. The research method that the author uses is descriptive qualitative, that is, writes down by deciphering the extent to which the development of the findings that the author is doing for that there is data that the author will collect, such as primary and secondary data. The results of this study indicate that one of the DKPP's powers lies in the decisions made by the DKPP namely "final and binding", as stipulated in Article 458 paragraph (13) of Law Number 7 of 2017 the decision produced by the DKPP shows a paradigm as well as a new hope for the legal and constitutional system in the future, and when viewed from the perspective of efforts to realize justice electoral justice) the presence of DKPP is one of the embryos of an independent state institution (state auxiliary agency) that can create integrity and credibility in election organizers which is actually still a serious problem in holding elections in Indonesia
Legal Construction For The Establishment of Land Bank In Land Procurement For Fair Public Interest Ida Ayu Putu Sri Astiti Padmawati, SH.,MH.; Ida Bagus Sudarma Putra
VYAVAHARA DUTA Vol 18 No 1 (2023)
Publisher : Jurusan Hukum Fakultas Dharma Duta Universitas Hindu Negeri I Gusti Bagus Sugriwa Denpasar

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Abstract

Efforts to build a Land Bank as an institution that assists the government in managing state asset lands should be accompanied by the assignment of appropriate positions, duties and functions to the Land Bank, but the arrangement regarding the position, duties and functions of the Land Bank in the Government Regulation concerning the Land Bank instead reflects the concept the dichotomy that creates a conflict of norms between the private authority of the land bank which is too broad and open through several business activities and cooperation to seek profit as a source of funds which is contrary to the spirit of public service of the Land Bank. The purpose of this study is to examine and describe the urgency of establishing a land bank and the implications of the authority of a land bank in realizing equitable land acquisition for public interests in Indonesia. The results of this study indicate that the urgency of establishing a land bank after the formation of the Law on Job Creation and Government Regulations regarding the Land Bank is because it is driven by Indonesia's urgency over the problem of a very large need for land, which will later be used as a vehicle for investment activities. The implications of the Authority of the Land Bank in the Law on Job Creation and the Government Regulation concerning the Land Bank raises several problems, namely first, the authority overlaps with other land institutions. Second, the strengthening of management rights related to the authority of the land bank is intended as the provision of facilitation and/or licensing services aimed more at increasing investment rather than maximizing the prosperity of the people, this has very broad impacts including 1) Causing an increase in the number of Agrarian Conflicts; 2) Reappearing the principle of Domein Verklaring; 3) Weakening the existence of customary law communities and their customary lands; and 4) Overlapping authorities of land agencies.
KETENTUAN PIDANA PEREDARAN MINUMAN BERALKOHOL OPLOSAN Ni Ketut Sri Ratmini
VYAVAHARA DUTA Vol 18 No 1 (2023)
Publisher : Jurusan Hukum Fakultas Dharma Duta Universitas Hindu Negeri I Gusti Bagus Sugriwa Denpasar

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Abstract

The circulation of adulterated alcoholic beverages is a troubling problem for the police and the public. The impact of the circulation of adulterated alcoholic beverages can result in death because the drink has been mixed with substances that should not be mixed with alcoholic beverages. The mixtures that are generally used to mix alcoholic beverages are energy drinks, sweetened condensed milk, soft drinks, spirits and medicines. The mixture of these substances will produce new substances that can be harmful, even cause death. On the basis of these problems, the problem discussed in this study is about how are the rules in the provisions of criminal law regarding the circulation of adulterated alcoholic beverages circulating in the community? To answer these problems, a normative juridical research method is used. The concern for dealers of adulterated alcoholic beverages has forced the police to make efforts to prevent and stop the circulation of adulterated alcoholic beverages. In carrying out their duties, the police can take action using the provisions of Article 340 of the Criminal Code regarding premeditated murder, Article 204 of the Criminal Code concerning Unlawful Acts, the articles in Law Number 18 of 2012 concerning Food, namely in article 137 ( 1) , Article 137 paragraph (2). Article 138 and Article 146 paragraph (1) letter b. Keywords: Implosan Alcoholic Drinks, Penalties for Illegal Alcoholic Drinks Dealers, The Role of Law Enforcers
The AKIBAT HUKUM TERHADAP JUAL-BELI TANAH KAVELING YANG TIDAK BERIJIN: JUAL-BELI TANAH KAVELING TRISNA DEWI NI MADE
VYAVAHARA DUTA Vol 18 No 1 (2023)
Publisher : Jurusan Hukum Fakultas Dharma Duta Universitas Hindu Negeri I Gusti Bagus Sugriwa Denpasar

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Abstract

The problem described in this research is about how the settlement efforts to buy and sell land that is not licensed kaveling and how the legal effect on the sale of land purchases that are not licensed. The purpose of writing this paper is to know the settlement of the sale of land purchases of land that is not licensed and can know the legal consequences of buying and selling of land that is not licensed kaveling. The research method used in this thesis is the type of normative research that is by focusing on the rules that apply as well as the literature or books related to the issues discussed. The result of his research is the settlement of the sale and purchase of land that is not licensed from the subject of sale and purchase caused by the unequal fulfillment of rights and obligations of parties in the sale and purchase of land plots, from the object of sale and purchase caused by technical procedures such as the application permit kaveling and splitting certificates that are not executed properly, the settlement efforts are adjusted to each of the obstacles that occur where the barriers of the subject of sale and purchase settled by the fulfillment of the rights and obligations of the parties first in a balanced, while the barriers of the object of sale and purchase is completed by the implementation of procedures the fastest in accordance with the laws and regulations. While the legal consequences for the sale and purchase of land that has no license for the parties who make transactions through binding agreements of land sale and sale will be difficult to publish the proof of ownership of land (certificate) in the process behind the name at the notary / PPAT office where the parties entered into an agreement binding sale and purchase of land. The legal power of the sale and purchase agreement and the power of attorney which follows the agreement depends on the form of the agreement.
IMPLEMENTASI DEKLARASI RIO: ANALISIS PENGATURAN KRITERIA DAN STANDAR PROGRAM CSR OLEH MULTINATIONAL ENTERPRISES (MNC) BERBASIS KONSEP SUSTAINABLE deli bunga saravistha; I Made Adi Widnyana
VYAVAHARA DUTA Vol 18 No 1 (2023)
Publisher : Jurusan Hukum Fakultas Dharma Duta Universitas Hindu Negeri I Gusti Bagus Sugriwa Denpasar

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Abstract

The rule of law is obliged to uphold the enforcement and protection of human rights (HAM), related to the survival of mankind, so this issue is very important. Indonesia in its capacity as a subject of international law has made an agreement on the Declaration of Human Rights, this is evidenced by the stipulation of the 1999 Human Rights Law. Optimization steps related to efforts to uphold and protect human rights are continued by focusing attention on environmental issues (LH) and sustainability through sustainable development. Development Goals (SDGs), specifically regarding environmental issues, agreed on the Rio Declaration which established 27 principles regarding the protection and management of the environment which are very closely related to human rights. One of the efforts in this regard is to look at the actors that contribute to pollution and the biggest pollution, namely the industrial sector, especially corporations. The solution to this is the establishment of corporate responsibility or CSR. However, these programs are often done for nothing. Fulfill the formal requirements regulated in positive law. This is what is interesting to study, research and analyze further through two issues, namely related to the nature of CSR implementation and also arrangements for setting certain CSR criteria or standards for companies in certain fields in Indonesia in the context of fulfilling human rights to enjoy a clean and healthy environment and evaluating on the constraints of implementing CSR in the context of implementing its arrangements for MNCs.
PENERAPAN STANDAR NASIONAL INDONESIA TERHADAP PRODUK TEKSTIL USAHA MIKRO, KECIL, DAN MENENGAH BERDASARKAN UNDANG-UNDANG NOMOR 20 TAHUN 2008 TENTANG USAHA MIKRO, KECIL, DAN MENENGAH DIHUBUNGKAN DENGAN UNDANG-UNDANG REPUBLIK NO. 20 TAHUN 2014 TENTANG STANDA Rai
VYAVAHARA DUTA Vol 18 No 1 (2023)
Publisher : Jurusan Hukum Fakultas Dharma Duta Universitas Hindu Negeri I Gusti Bagus Sugriwa Denpasar

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Abstract

Implementation of the free market, especially since the Asean China Free Trade Area effectively in 2010, textile products, especially those carried out by micro, small and medium enterprises (UMKM) have become one of the sectors that have been significantly affected by competition with Chinese products. especially regarding the price. To overcome this, a standard is needed that will provide quality assurance for Indonesian domestic products and be able to increase the competitiveness of domestic products against foreign products, especially China. The quality standard label owned by Indonesia is the Indonesian National Standard (SNI), which in its application cannot be carried out optimally, especially by UMKM. The process of applying SNI to a product, especially in textile products, in practice can still be said to be a voluntary application of SNI and cannot be implemented completely by every UMKM. There are still many obstacles experienced in the application of this SNI both from within the UMKM actors and related institutions. The application of standardization which is one way of developing UMKM products in Law no. 20 of 2008 concerning MSMEs but in practice it is not appropriate, in addition to efforts to socialize SNI as stated in the Republic of Indonesia Law no. 20 of 2014 concerning Standardization and Conformity Assessment is an effort between the government and local governments in practice that cannot be carried out optimally.
EKSISTENSI HUKUM HINDU DALAM HUKUM ADAT DI TENGAH PERUBAHAN SOSIAL DI DESA ADAT BANJAR TANGGAHAN PEKEN DESA SULAHAN KECAMATAN SUSUT KABUPATEN BANGLI i gede januariawan
VYAVAHARA DUTA Vol 18 No 1 (2023)
Publisher : Jurusan Hukum Fakultas Dharma Duta Universitas Hindu Negeri I Gusti Bagus Sugriwa Denpasar

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Abstract

Hindu Law and Customary Law in Bali are very closely related, so that it often creates confusion about which understanding is Hindu Law and which is Customary Law. During the Raad Kerta period, Van den Berg's theory of receptio in complexu stated, "If a community embraces a certain religion, then the customary law of the community concerned is the religious law it embraces". Based on this theory, the customary law that applies in Bali is Hindu law. In fact, the law continues to change according to the needs of society and the times. Along with the current epidemic that hit the world, it caused changes in all aspects of life, including in the field of law. The flow of globalization also brings changes to the values in people's lives which creates various kinds of problems so that it needs to be regulated by the rule of law as law making and law enforcement or law enforcement. In the field of Customary Law, the possibility of change is also very large, especially with the issuance of Regional Regulation No. 4 of 2019 concerning Traditional Villages in Bali. This regional regulation in such a way strengthens the position of the MDA (Traditional Village Council) which encourages the establishment of new regulations in the Traditional Village. Changes are likely to have occurred in customary law in the areas of Law of Pearahan, Pawongan, and Palahan. This research will try to reveal the existence of Hindu law which is still a living law in indigenous peoples. The problems in this study are discussed with the theory of Sociological Jurisprudence and Theory of Social Change. As for the results of his research that in the area of influence, Hindu law is very clear because it regulates the relationship between humans and God, which is called Ida Sang Hyang Widhi, with all its manifestations, called Tri Murti. Also known as the worship of the local Gods called Batara and Batari with all forms of accompanying religious ceremonies. In the field of pawongan, the influence of Hindu law is still strong regarding the existence of village krama who have an obligation to organize all forms of religious ceremonies. Likewise in the field of family law, marriage and inheritance. In the field of pekaahan, regarding the relationship between humans and the environment, it is still in accordance with Hindu law that the environment is regulated in awig-awig and perarem.
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.

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