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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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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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Abstract

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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Abstract

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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Abstract

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.
Analisis Tantangan dan Peluang Perkembangan Globalisasi Ekonomi dalam Hukum Bisnis Di Indonesia hasibuan, nelson; Hasiholan Sihaloho; Subhan Zein; Mario Alberto Manodohon
VYAVAHARA DUTA Vol 19 No 1 (2024): Vyavahara Duta
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.v19i1.3170

Abstract

Globalization as a fast-growing interdependence and connection in the world of trade and finance. Globalization is not only limited to the phenomenon of trade and financial flows that are growing increasingly widespread, this is due to other trends driven by communication. What are the challenges and opportunities for the development of economic globalization in business law in Indonesia? 1) Competition regulation, business law regulates fair competition and prohibits business practices that harm consumers or competitors. This ensures that the market remains healthy and prevents monopolies that harm the economy. Contracts and contract law. 2) Business law governs the creation, interpretation, and enforcement of contracts. This provides legal certainty for parties involved in business transactions and allows contractors to rely on contract fulfillment. 3) Banking and financial arrangements, regulation and supervision of all such financial activities shall be carried out with integrity. 4) Protection of Intellectual Property Rights (IPR). Business law protects copyrights, patents, trademarks, and industrial designs that encourage innovation and the creation of new goods and services. It provides incentives to companies and individuals to invest in research and development.
Peran Suami dalam Perlindungan Perempuan terhadap Kekerasan dalam Rumah Tangga Perspektif Hukum Agama Hindu Ni Wayan Eka Sumartini
VYAVAHARA DUTA Vol 19 No 1 (2024): Vyavahara Duta
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.v19i1.3172

Abstract

Marriage is one way to achieve happiness in the family. According to Hinduism, marriage is a way to carry out obligations as children, obligations as husband and wife, and obligations as parents. However, in practice, marriages do not always run peacefully and beautifully. Sometimes there are disputes in the household that lead to violence. Domestic violence that makes women the victims often occurs. This research aims to emphasize the role of husbands in the household to protect women from domestic violence. This research uses literature study with descriptive data analysis. The research results show that in Hindu religious teachings, husbands have a very large role in protecting their family. The husband's position in the patrilineal system adopted by Balinese Hindus not only gives the husband a high position and is the most respected in the family, but behind this a husband has a big responsibility to maintain the integrity of his household. The husband has a duty to protect his family and provide peace to achieve a happy and eternal married life in accordance with the purpose of marriage.
Dinamika Pelaksanaan Hukum Adat Dayak Ngaju dalam Penyelesaian Sengketa Tanah di Kalimantan Tengah Dede Suryanto, Dede Suryanto
VYAVAHARA DUTA Vol 19 No 1 (2024): Vyavahara Duta
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.v19i1.3174

Abstract

This research discusses land dispute resolution in Central Kalimantan with a focus on the implementation of Dayak Ngaju Customary Law. The Dayak community has a strong tradition of customary law that plays a crucial role in governing their lives. Although there is an option to use the court system for dispute resolution, some parties choose customary law as they believe it is more effective and suitable for land-related issues. However, the recognition of Dayak customary law by the government poses challenges to its implementation. While local governments acknowledge and protect Dayak Ngaju customary law, there are still shortcomings in the legal certainty that supports this customary law. In land dispute resolution, customary institutions such as Damang Kepala Adat play a significant role in regulating and resolving conflicts based on customary law principles. The mechanisms for resolving land disputes through Dayak Ngaju customary law involve customary deliberation and mediation. There are also rules and sanctions that govern the implementation of customary law. This research provides a better understanding of the benefits of customary institutions in land dispute resolution. The research methodology employed is empirical legal research with a socio-legal approach. Data were obtained through in-depth interviews and participatory observation. In the resolution of land disputes using Dayak Ngaju customary law, there are obstacles such as the influence of modernization and the lack of government attention. The dynamics of implementing Dayak Ngaju customary law have a significant impact on land dispute resolution, emphasizing the importance of customary law and respect for customary values. To enhance the effectiveness of customary law implementation, efforts are needed to raise awareness and gain broader recognition of customary law by the government.
Disparitas Penerapan Sanksi Pidana Dalam Putusan Pengadilan Terhadap Kasus Tindak Pidana Korupsi Satriana, I Made Wahyu Chandra; Ni Made Liana Dewi; I Nyoman Vaisa Budi Viratama
VYAVAHARA DUTA Vol 19 No 1 (2024): Vyavahara Duta
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.v19i1.3271

Abstract

Disparity does not only occur in the same criminal act, but also in the level of seriousness of a criminal act, and also in the judge's decision, either by one panel of judges or by different panels of judges for the same case. Of course, the reality regarding the scope of this growing disparity has given rise to inconsistencies in the judicial environment. The problem of this research is what causes disparities in the application of criminal sanctions to the same case for perpetrators of criminal acts of corruption and how best to ensure that in the future there will no longer be disparities in court decisions on the same cases for perpetrators who are not criminally corrupt. This type of thesis research uses empirical legal research. The results of this research are the causes of disparities in the application of criminal sanctions to the same case for perpetrators of criminal acts of corruption: (a). The legal factor is that the provisions in Law Number 20 of 2001 do not recognize a specific minimum sentence, so that determining the severity of the sentence imposed is left entirely up to the judge. (b) The judge factor, in the event that the case examination is split into several files (splitting) where the case has the same characteristics and characteristics starting from the indictment, prosecution, examination of evidence and witnesses, then the consequence is that each file is examined by a different Panel of Judges. . So that in the future there will no longer be disparities in court decisions, every criminal sentence must be carried out by paying attention to the certainty and proportionality of punishment to realize justice based on Pancasila and the 1945 Constitution of the Republic of Indonesia.

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