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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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Pemenuhan Akses Penyandang Disabilitas Anak terhadap Hak Atas Pendidikan Louis
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.v19i1.3354

Abstract

This article examines the fulfillment of access for children with disabilities to the right to education. In Indonesia, people with disabilities still have problems, from inadequate fulfillment of the rights and obligations of people with disabilities to negative stigma from society related to people with disabilities which is formed from various aspects. The research method used is normative juridical with a descriptive research type in the nature of a literature study. The type of data used is secondary data
Kedudukan Peradilan Tata Usaha Negara (PTUN) Sebagai Lembaga Peradilan Khusus di Indonesia dengan Konsekuensinya Sugita, I Made
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.v19i1.3372

Abstract

Abstract The State Administrative Court as one of the actors of judicial power is an independent judicial environment, separate from the general court, Military Court, and Religious Court, in accordance with the provisions of Article 10 paragraph (1) and paragraph (2) of Law Number 4 of 2004 about judicial power. On this basis, state administrative courts have specificities compared to other courts and have their own consequences. The aim of this research is to determine the position of the State Administrative Court as a special judicial institution in Indonesia and its consequences. This type of research is normative legal research because this research examines statutory regulations, theories or doctrines, conceptual thinking, and previous research related to the object of study in this research. The results of this research show that the consequence resulting from this specificity is that only those that are judged by the State Administrative Court are those related to State Administrative disputes. Article 1 number (10) of Law Number 51 of 2009 states that state Administrative Disputes are disputes that arise in the field of State Administration between individuals or civil legal entities and State Administrative bodies or officials, both at the central and regional levels, as as a result of the issuance of a State Administrative Decree, including employment disputes based on applicable laws and regulations. Keywords: Position, State Administrative Court, and Special
Tinjauan Yuridis Perlindungan Hukum terhadap Penumpang Transportasi Udara (Studi Komparasi dengan Negara Uni Eropa) Suparyana, I Gde Oka; Laksmi Dewi, Cokorde Istri Dian
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.v19i1.3487

Abstract

Airline companies that do not carry out their obligations properly and correctly can be said to have committed a "default". Defaults that are carried out because airlines do not fulfill their obligations to passengers will of course give rise to legal problems, especially those related to issues of responsibility. Default is a condition where the debtor (debtor) does not carry out the performance properly to the creditor in accordance with what has been agreed upon by the airline or carrier for passengers and owners of goods both as parties to the transportation agreement and as consumers, in addition to other problems for consumers is the delay in the implementation of air transportation which sometimes exceeds the tolerance limit. There is a need for legal remedies that can be taken against the above problems. The research method used in this research is a type of normative research using library research and using a comparative study approach.
PENEGAKAN HUKUM BAGI PELAKU TINDAK PIDANA PENCABULAN TERHADAP ANAK (Studi Kasus Kepolisian Daerah Bali) Ni Ketut Sri Ratmini; I Made Adi Widnyana; I Gusti Ayu Agung Shaskara Bhakti Paramesty; Dewi bunga; Dewa Putu Tagel
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.v19i1.3549

Abstract

Children are part of the younger generation who are the successors of the ideals of the nation's struggle as well as human resources for the development of the country in the future. Laws are made with the aim of regulating and maintaining order, justice so that chaos in society can be controlled or prevented. The purpose of this study was carried out to determine the form of sanctions given to perpetrators of Criminal Acts of Obscenity against and the efforts of the Bali Regional Police in Law Enforcement for Perpetrators of Criminal Acts of Sexual Abuse against children. This research refers to several relevant literature and concepts as a reference source. The theory used to analyze the problem formulation is: Soerjono Soekanto's Law Enforcement Concept. The research methods used in this study are empirical research types, descriptive research properties, qualitative data forms, primary and secondary data sources, data collection using interview methods, literature studies, determination of research informants using non-probality sampling techniques, research instruments using mobile phones and recording. The data analysis used is descriptive qualitative. The results of the research obtained are as follows: 1) The forms of sanctions for perpetrators of child molestation crimes are as follows: principal and additional crimes, fines and cover-up crimes. 2) the Bali Regional Police has 2 Law Enforcement efforts for Perpetrators of Child Abuse Crimes, among others, preventive and repressive efforts
TINJAUAN YURIDIS TERHADAP PENIPUAN HAK MILIK ATAS TANAH YANG DILAKUKAN OLEH MAFIA TANAH BERDASARKAN PASAL 378 KITAB UNDANG-UNDANG HUKUM PIDANA Sang Ayu Made Ary Kusumawardhani, S.H., M.H.
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.v19i1.3616

Abstract

The term criminal act comes from a term known in criminal law, namely strafbaarfeit. Even though this term is found in the Dutch WvS, there is no official explanation regarding the translation of the term "strafbaar feit". Strafbaar feit, a legal term in Dutch, is a series of the words "strafbaar" and the word "feit". "Strafbaar" means "can be punished" while "feit" means part of a reality. So literally the meaning of "strafbaar feit" is part of a reality that can be punished. The literal meaning is that what can be punished is the individual person. Ownership rights to land carried out by the land mafia can be analyzed from the perspective of Indonesian criminal law, especially in Article 378 of the Criminal Code (KUHP) which regulates fraud. This phenomenon often occurs during land buying and selling transactions by providing incorrect information. The formulation of the problem is how to review the juridical review of land ownership fraud committed by the land mafia based on article 378 of the criminal code and what is the legal basis for criminal acts of fraud committed by the land mafia. This type of research is normative legal research which departs from the vagueness of norms (vague norms) which are contained in the provisions of article 378 of the criminal code, regarding fraud, the meaning of the phrase deception. This research uses a conceptual approach, a statutory approach, and a case approach. The results of research on the Juridical Review of Land Ownership Fraud Committed by the Land Mafia Based on Article 378 of the Criminal Code, in this case the phrase deception which creates a blurring of norms. Legal basis for criminal acts of fraud committed by the land mafia. Acts of fraud committed by the mafia are very serious legal violations and can be charged under various laws in force in Indonesia, including: Article 263 paragraph (1), article 378 of the code of law. criminal law (KUHP), legal protection in cases of fraud committed by the land mafia is still far from perfect. Victims often experience difficulty in obtaining adequate protectio
The Konsekuensi dari Ekosistem Digital terhadap Regulasi Persaingan Bisnis di Indonesia dan Peran Komisi Pengawas Persaingan Usaha (KPPU) dalam Era Ekonomi Digital: Ekosistem Digital terhadap Regulasi Persaingan Bisnis di Indonesia NI MADE, TRISNA DEWI
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.v19i1.3636

Abstract

The era of the digital economy as it is today has demanded business people to carry out their business activities online. As a result, buyers will also make purchases online. It has implications for business competition. In this case, Law (UU) No. 5 of 1999 concerning the Prohibition of Monopolistic Practices and Unfair business Competition has not accommodated the impact of the digital economy. So with that, this research has two objectives. The objectives are; First, to know the effect of the digital ecosystem on business competition law in Indonesia. Second, to see the role of the Business Competition Supervisory Commission (KPPU) in the digital economy era in the event of unfair business competition. This research uses the type of juridical-normative research. The impact of the digital economy on business competition in Indonesia has resulted in a lot of abuse of the digital platform market. In this case, digital platforms are increasing with vertical business development. This business development increases the ability of digital platforms to collect more data, increase their competitiveness and become online shop owners and application users, so that the dominant position of digital platforms can be abused, for example, discriminating against competitors in retail, exclusivity agreements with consumers, and selling policies. With losses may result in competitors becoming uncompetitive in the market and leaving the market. Responding to these challenges, it is necessary to have a regulation that regulates in a more specific scope. This is because several countries in Europe have revised their business competition law regulations to protect business actors. In addition, as a form of responding to the challenges of the times that have changed the direction of the economy and online business. Of course, the government and business actors must work together to achieve good goals for the parties who will have an impact.
STRATEGI PENYELESAIAN KONFLIK DALAM ORGANISASI Mantra, Gede Putu
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.v19i1.3647

Abstract

The existence of conflicts within organizations is inevitable, conflicts are always present in every life of organizations, whether small organizations or large-scale organizations. It happens, because on the one hand the individuals/groups involved in the organization have different characters, backgrounds and purposes. On the other hand, interdependence is a characteristic of every organization's life. Factors that can influence conflict in the organization's working environment include differences in perception, resource constraints, departmentalization, interdependence, authority relations, roles and expectations, and ambiguity of jurisdiction. Not all conflict is detrimental to the organization, well-organized and well-managed conflict can benefit the organization as a unity. Managing conflict within an organization requires openness, patience and awareness of all parties involved and stakeholders of conflict that occurs within the organization. Some of the methods that are commonly used in managing conflict that occurs in an organizational environment, include: domination, compromise, and integrative resolution.
KAJIAN YURIDIS PENGANGKATAN ANAK BEDA KASTA BERDASARKAN PEERATURAN PEMERINTAH NOMOR 54 TAHUN 2007 TENTANG PELAKSANAAN PENGANGKATAN ANAK yuliana kemalasari, ni putu
VYAVAHARA DUTA Vol 19 No 2 (2024)
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.v19i2.3693

Abstract

Having children is deemed a fundamental objective of marital unions in Hinduism, as delineated within the sacred scriptures, in which the birth of a “Suputra" child is believed will lead parents and ancestors to nirvana. However, not all married couples are fortunate enough to have biological children. There are certain issues that result in married couples being unable to have children biologically. Therefore, in Hinduism, the process of adopting a child who is then considered a biological child and successor of the family lineage is justified. This process is known as "peperasan" or "maperas". Furthermore, Balinese customs persist in upholding a caste system, known as "Wangsa", which ascribes societal stratification and often compartmentalizes the populace within the customary framework of Bali. This caste difference is often a conservative issue in society, including in the adoption of a child. Therefore, it becomes one of the customary legal issues that needs a juridical inquiry and refers to the provisions of Government Regulation Number 54 of 2007 concerning the Implementation of Child Adoption. Under the provisions of the Law, children are recognized as a weak and vulnerable group requiring protection and entitled to love and a complete family even without their biological parents. Based on these issues, this research discusses the Juridical Study of Adoption of Children of Different Castes Based on Government Regulation Number 54 of 2007 concerning the Implementation of Child Adoption. And to analyze the issue, a normative juridical legal research method is used with a statutory approach. Keywords: Child Adoption, Different Castes, Child Protection Law
KESETERAAN GENDER DALAM BUDAYA PATRIARKI PADA MASYARAKAT HINDU BALI i wayan, ariyarta; I Wayan Putu Sucaya Aryana; Cokorde Istri Dian Laksmi Dewi
VYAVAHARA DUTA Vol 19 No 2 (2024)
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.v19i2.3841

Abstract

The issue of gender equality remains a classic problem in society, as concepts of gender equality struggle seem to dissipate under the strong influence of patriarchal culture. Bali, as one of the regions with customary law society adhering to patriarchal culture, reflects patriarchy through the concept of Purusa in the kinship system of Hindu Balinese society. The Purusa concept is one of the roots of the difficulty in achieving gender equality in Hindu society. The purpose of this article is to understand the influence of patriarchal culture on the development of gender equality in modern society today. The method used in writing this article is normative writing method using literature study approach.   The strong phenomenon of patriarchy in Balinese Hindu society is almost undeniable, resulting in Balinese women still occupying a lower position than men. This research is expected to provide insights into the strength of patriarchal culture in Balinese Hindu society, which impacts the disadvantaged position of Balinese women in household environments, employment, and social settings. Moreover, patriarchy also contributes to high levels of violence, including physical, psychological, and sexual violence.
DASAR HUKUM PENGORBANAN BINATANG SAPI PADA UPACARA MUNGKAH WALI DI DESA TAMBAKAN DALAM TEKS-TEKS AGAMA HINDU I Ketut Wardana Yasa
VYAVAHARA DUTA Vol 19 No 2 (2024)
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.v19i2.3885

Abstract

Cow sacrifices in religious ceremonies still occur in Tambakan Village, Kubutumbahan subdistrict, Buleleng Regency at the Bhuta Yajña ceremony called Masegeh which is a series of the Mungkah Wali Ceremony. Cows in Hindu scripture sources explain that both male and female cattle are highly respected and exalted. The majority of the people of Tambakan Village still support and believe in the implementation of this ritual, however written literary sources have not been found regarding the use of cows in the Masegeh ceremony at Prajapati Temple in Tambakan Village. Hindus in Tambakan village believe this only based on gugon tuwon and traditions passed down from generation to generation which they are still afraid of breaking. Beliefs that are not based on correct understanding and sources will lead to gaps in religious implementation or practice. For this reason, there is a need for a more in-depth study of the use of cows based on sacred scriptural sources, both Sruti and Smṛti, so that Hindus, especially in Tambakan Village, gain a more precise understanding regarding the use of cows in the Mungkah Wali ceremony. The aim of this research is to find out and analyze the legal basis from the Śruti books on the use of cows in the Mungkah Wali ceremony as well as the legal basis from the Smṛti book on the use of cows in the Mungkah Wali ceremony. This research is qualitative research with a religious phenomenology approach. The results of this research show that there are two main bases for cow sacrifice in the Hindu scripture texts, namely the Sruti texts and the Smerti texts. Basically, from these two texts it is found that female cows are highly venerated like mothers because they produce milk and male cows can be sacrificed if based on the correct methods and goals of sacrifice. The sacrifice of bulls at the Mungkah Wali Ceremony in the Tambakan traditional village from the results of observations and interviews and study of religious literary sources can be concluded that the sacrifice followed the correct sacrificial procedures according to Hindu religious literature. Keywords: Legal Basis, Sacrifice, Cow and Mungkah Wali

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