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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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TINJAUAN HUKUM PUTUSAN MAHKAMAH KONSTITUSI NOMOR 90/PUU-XXI/2023 DALAM MENJAMIN PERLINDUNGAN HAK KONSTITUSIONAL MASYARAKAT Yoga Siwananda; Widnyana, I Made Adi; Sugita, I Made
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.v19i2.3891

Abstract

Elections are an important tool in realizing democracy and popular sovereignty. However. This triggered a lawsuit to the Constitutional Court (MK) to test the constitutionality of norms that were considered contrary to the 1945 Constitution of the Republic of Indonesia. Decision Number 90/PUU-XXI/2023 which regulates the age limit of presidential and vice presidential candidates After the Constitutional Court's decision, Article 169 letter q of the Election Law was amended by adding the phrase "or has / is currently holding an office elected through general elections including regional head elections". This decision has drawn pros and cons because it is considered to open up opportunities for young politicians to advance in the electoral contestation, but on the other hand it is feared that it will result in a lack of experience and capability in leading the nation. The purpose of this study is to examine and analyze the legal review of the Constitutional Court's decision Number 90/PUU-XXI/2023 in the perspective of comparison with other legal provisions and to find out and analyze the legal implications arising from the Constitutional Court's decision Number 90/PUU-XXI/2023 in guaranteeing people's constitutional rights. This research uses normative research methods with a doctrinal juridical approach. Research data is obtained through literature studies, namely primary and secondary legal materials relevant to the research topic. This research uses judicial theory, legal state theory, and democracy theory as the basis for analyzing the Constitutional Court's decision and its implications for people's constitutional rights. The results of this study show that this decision is in accordance with the constitution and legal principles applicable in Indonesia. Strengthening the people's political rights to elect and be elected to run for president and vice president. Thus, upholding the principles of equality and justice in the democratic process. Other countries have provided opportunities for every citizen under the age of 40 to participate in running for president and vice president as regulated in the laws of each country. The implications of the Constitutional Court's decision number 90/PUU-XXI/2023 give hope to young people or regional heads who are under the age of 40 to participate in the contestation of the election of the president and vice president of the Republic of Indonesia.
FORMULASI ASAS KERAHASIAAN INTELIJEN KEJAKSAAN DALAM PENYELENGGARAAN FUNGSI INTELIJEN PENEGAKAN HUKUM Sukawinata, I Gusti Ngurah Anom; Aryana, I Wayan Putu Sucana; Laksmi Dewi, Cokorde Istri Dian
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.v19i2.3931

Abstract

The principle of confidentiality is a very important basic principle for prosecutorial intelligence in maintaining the implementation of intelligence activities. This research aims to examine and analyze the formulation of the Prosecutor's Intelligence Confidentiality Principle in the Implementation of Law Enforcement Intelligence Functions and the Legal Consequences of Leaks of Intelligence Secrets During the Retention Period. This research is normative legal research, and the approaches used are the statutory and legal concept approach. The sources of legal materials used are primary and secondary sources. The formulation of the principle of confidentiality of prosecutorial intelligence in the implementation of law enforcement intelligence functions is regulated in the form of law, namely Law of the Republic of Indonesia Number 17 of 2011 concerning State Intelligence as a legal umbrella for intelligence functions in the law enforcement system and Law of the Republic of Indonesia Number 11 of 2021 concerning Amendments to Law of the Republic of Indonesia Number 16 of 2004 concerning the Prosecutor's Office. The legal consequences of leaking secret intelligence during the retention period are in the form of criminal liability, specifically if the prosecutor's intelligence personnel leaks efforts, work, activities, targets, information, special facilities, special tools and equipment, support, and/or State Intelligence Personnel related to the implementation of functions and activities of State Intelligence, there is a criminal penalty plus 1/3 (one third) of each maximum criminal threat if carried out in a state of war. Moreover, these personnel receive code of ethics sanctions from the prosecutor's office.
SISTEM PERHITUNGAN BIAYA ADMINISTRASI PADA KANTOR NOTARIS CATURYANI MAHARNI PARTYANI,SH.,M.Kn: ADMINISTRATIVE COST CALCULATION SYSTEM AT THE NOTARY'S OFFICE CATURYANI MAHARNI PARTYANI, SH., M.Kn Adi Sudharma, Kadek Januarsa; Nur Shadrina, Salsabila
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.v19i2.4003

Abstract

As a state governed by law, Indonesia has an obligation to provide protection and equal access to justice for all its citizens, including persons with disabilities. This report examines the efforts of the Bali High Prosecutor's Office in optimizing legal services for persons with disabilities, in accordance with Law Number 8 of 2016 concerning Persons with Disabilities. Through research using observation and interview methods, steps taken and challenges faced were identified. Although the Bali High Prosecutor's Office has made significant efforts based on Guideline Number 2 of 2023, challenges such as a lack of accessible infrastructure, limited legal understanding among persons with disabilities, and a shortage of trained human resources still exist. Therefore, further strategies are needed to ensure equal treatment for persons with disabilities before the law, including increasing training for law enforcement officials and improving more inclusive facilities. This journal is expected to serve as a guide for other institutions in developing more disability-friendly legal services.  
judul artikel: OPTIMALISASI ASAS FIKSI HUKUM DALAM PENGATURAN BEA PEROLEHAN HAK ATAS TANAH DAN BANGUNAN (STUDI DI SINGARAJA, BULELENG) kadek, wiwin asita; Wirawan, Ketut Adi; Payana, Gede Andra Uky
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.v19i2.4081

Abstract

The application of the principle of legal fiction to a regulation causes problems in society, many people do not know the enactment of a regulation due to lack of access to information and socialization from the government and the low quality of human resources who cannot understand the contents of the regulations that have been enacted, so that the regulation does not apply effectively in society and this unconsciously causes many irregularities in its implementation. The problem in this research is the enactment of the principle of legal fiction which causes problems in Buleleng Regency regarding the non-optimal enforcement of local regulations related to the acquisition duty of land and building rights to the community. In this case, the community is disadvantaged due to not knowing the contents of regional regulations, especially in terms of the implementation of the transfer of rights to land certificates through inheritance, so that this is widely utilized by irresponsible individuals, by charging fees that are not in accordance with applicable regulations. This type of research uses empirical legal research. The results of this study are that the Buleleng Regency Regional Regulation Number 1 of 2011 on Fees for Acquisition of Land and Building Rights has not been effectively applied to the people of Buleleng, due to the fact that the public does not know and understand the entire contents of this regulation so that it can be said that the principle of legal fiction applies in the enforcement of this regulation, then many public officials se
URGENSI PEMBAHARUAN PENGATURAN PERIHAL HAK INDIKASI GEOGRAFIS SERTA HAK MEREK DI INDONESIA Ketut Adi Wirawan
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.v19i2.4101

Abstract

Indonesia is a country rich in natural resources. In its use, several products are produced through a production process which supports improving the economy in Indonesia. In protecting several goods that have been produced in Indonesia, this is regulated in Law Number 20 of 2016 concerning Marks and Geographical Indications which is an amendment to Law Number 16 of 2001 concerning Marks. However, in its development, this regulation has not been able to provide protection for local products produced by the community. This research is normative legal research which examines aspects of internal problems in positive law using a normative juridical approach. The result of this research is that there are additional rules regarding geographical indications in the regulations regarding brands, making the substance of the geographical indication rules in each article less clear so that they are still unable to provide optimal protection for the geographical indication products produced. There needs to be a link between the procedures for product registration in the regulations on brands and geographical indications so that each geographical indication product that has been registered can directly obtain a special product brand that is different from other products so that it can provide protection to products produced by local communities. Therefore, it is necessary to update this regulation, so that problems do not arise such as duplication by third parties on original geographic indication products produced by local communities.
PENGANGKATAN ANAK DI DESA ADAT SUKAWANA: KEPENTINGAN ANAK VERSUS KEPENTINGAN ORANG TUA ANGKAT sukmayasa, kadek; Bagiastra, I Nyoman; Pramana, Gede Pasek
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.v19i2.4194

Abstract

Generally, every married couple has the same desire to have a biological child. However, there are times when this wish does not come true for certain reasons. However, this desire is not completely dashed, because every family that does not have biological children can adopt children. Juridically, child adoption in Indonesia is regulated through Government Regulation Number 54 of 2007. Through this juridical basis, it is regulated that the implementation of child adoption can be carried out by following the provisions of Legislation and customary and customary provisions. The aim of this study is to analyze the implementation of appointment regulations in Indonesia which are carried out based on customs. This study was conducted using empirical legal research methods. The results of the study show that adoption is not only carried out for the child's interests, but there are other interests that are a factor in a family in Desa Adat Sukawana adopting a child. Regarding the technical implementation, in general the implementation of child adoption regulations in Indonesia has been implemented in the adoption of children based on customs in Desa Adat Sukawana. Adoption of children based on customs in Desa Adat Sukawana is regulated in Awig-awig. The procedure for adopting a child in the Sukawana Traditional Village is divided into 3 (three) stages, namely the preparation stage, the implementation stage, and the post-adoption stage. The study carried out contributes to knowledge in the field of Law, especially regarding the legal aspects of child adoption based on customs.
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.

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