Vyavahara Duta
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.
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<![CDATA[Analisis Terhadap Putusan Mahkamah Konstitusi Republik Indonesia Nomor 60/PUU-XXII/2024 Tentang Ambang Batas Pencalonan Kepala Daerah di Pilkada Tahun 2024 Menimbulkan Ketidakpastian Hukum Untuk Pilkada Berikutnya ]]>
<![CDATA[Sihaloho, Hasiholan]]>
<![CDATA[ VYAVAHARA DUTA Vol 20 No 1 (2025) ]]>
Publisher : <![CDATA[Jurusan Hukum Fakultas Dharma Duta Universitas Hindu Negeri I Gusti Bagus Sugriwa Denpasar ]]>
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DOI: 10.25078/vyavaharaduta.v20i1.4629
<![CDATA[In response to the legal uncertainty arising from Constitutional Court Decision No. 60/PUU-XXII/2024 regarding the candidacy threshold for regional head elections (Pilkada), several strategic recommendations can be implemented to ensure a more transparent and fair electoral process. These include: (a) establishing clear procedural policies, (b) strengthening the role of the legislature (DPR) in lawmaking, (c) limiting the authority of the Constitutional Court, (d) promoting legal education and public awareness, (e) monitoring and evaluating the election process, and (f) conducting academic studies and research. In the context of the regional head candidacy threshold, regulations regarding this threshold should no longer be subject to change within 200 days before the opening of candidate registration by the General Election Commission (KPU). If this measure is not enforced, referring to Constitutional Court Decision No. 60/PUU-XXII/2024, which was issued seven days before the KPU accepted candidate registrations, the Constitutional Court could potentially amend the candidacy threshold regulations just one day before the KPU begins accepting candidate registrations in the 2029 Pilkada.]]>
<![CDATA[The Kedudukan Hukum Surat Kuasa Membebankan Hak Tanggungan yang dibuat PPAT: Kedudukan Hukum Surat Kuasa ]]>
<![CDATA[SULISTYAWATI, NI PUTU YUNIKA]]>
<![CDATA[ VYAVAHARA DUTA Vol 20 No 1 (2025) ]]>
Publisher : <![CDATA[Jurusan Hukum Fakultas Dharma Duta Universitas Hindu Negeri I Gusti Bagus Sugriwa Denpasar ]]>
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DOI: 10.25078/vyavaharaduta.v20i1.4674
<![CDATA[Abstract An agreement is an event where one person promises to another person or where two people promise each other to carry out something. From this event, a relationship arises between the two people which is called an alliance. Thus, the relationship between an agreement and an agreement is that the agreement issues an obligation. Agreements are a source of engagement, in addition to other sources. This means that an agreement is an abstract meaning, while an agreement is a concrete thing or an event. The method used is a normative method, there are 2 benefits of this research, namely theoretical benefits and practical benefits. The theoretical benefits of this research are expected to contribute to increasing information and insight in discussing the problem of land ownership fraud. And the practical benefit of this research is that through this research it is hoped that it will provide an overview, input and suggestions for the general public, the position of a power of attorney that imposes mortgage rights made by PPAT Requirements and documents needed in the process of making a deed. The following are the conditions for making a SKMHT. It does not contain the power to provide other legal action, but only relates to the imposition of mortgage rights. debtor. The function of the Power of Attorney to Install Mortgage Rights (SKMHT) in Granting Mortgage Rights in the Perspective of Law Number 4 of 1996 concerning Mortgage Rights. The legal position of the Power of Attorney deed to encumber the mortgage rights made by PPAT is that it is an additional/additional agreement (accessoir) which gives rise to a legal relationship between debts and receivables (credit agreement). Because Mortgage Rights are by their nature a subsidiary agreement or accessoir to certain receivables, which are based on a principal agreement, their birth and existence is determined by the existence of receivables whose repayment is guaranteed. The form of SKMHT is regulated in the provisions of Article 15 UUHT.]]>
<![CDATA[Tinjauan Yuridis Tentang Kekuatan Hukum Akta Di Bawah Tangan Dalam Pembuktian ]]>
<![CDATA[I Gede Putu Mantra]]>
<![CDATA[ VYAVAHARA DUTA Vol 20 No 1 (2025) ]]>
Publisher : <![CDATA[Jurusan Hukum Fakultas Dharma Duta Universitas Hindu Negeri I Gusti Bagus Sugriwa Denpasar ]]>
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DOI: 10.25078/vyavaharaduta.v20i1.4727
<![CDATA[There is no provision governing whether an agreement is made in writing or made orally. In the event that the agreement is made in writing, whether the agreement is made in front of an authorized public official (notary) or the agreement is made under hand. If a written agreement is made in front of an authorized public official (notary), it will produce a deed called an authentic deed. A deed is a writing that can explain/explain a legal act that can be used as a means of proof for a legal act. The difference between a deed under hand and an authentic deed, where an authentic deed has perfect evidentiary power, meaning that if a person submits an authentic deed to the judge as evidence, then the judge must accept and consider what is written in the deed as an event that has actually occurred. While the deed under hand is said to have perfect evidentiary force, if the parties to the agreement acknowledge or disprove the signature contained in the deed. This can be interpreted as the parties admitting or not denying the truth written in the agreement. So the deed under hand acquires the same evidentiary force as an official (authentic) deed]]>
<![CDATA[KAJIAN FEMISIDA DALAM PERSPEKTIF GENDER SEBAGAI DAMPAK DARI BUDAYA PATRIARKI ]]>
<![CDATA[yuliana kemalasari, ni putu]]>
<![CDATA[ VYAVAHARA DUTA Vol 20 No 1 (2025) ]]>
Publisher : <![CDATA[Jurusan Hukum Fakultas Dharma Duta Universitas Hindu Negeri I Gusti Bagus Sugriwa Denpasar ]]>
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DOI: 10.25078/vyavaharaduta.v20i1.4745
<![CDATA[A crime committed by making women as objects or victims, is often associated with patriarchal culture. This form of crime is known as femicide or feminicide. Femicide can be interpreted as an act of intentional murder of women because they are women. This phenomenon is an important study material considering that the patriarchal culture in society is considered as one of the things that triggers the emergence of femicide. This study will focus on the crime of femicide associated with a gender perspective which is studied from a patriarchal cultural perspective. To answer this problem, this study uses a normative juridical method that will focus on primary legal sources, namely library materials that will provide answers to how patriarchal culture influences femicide from a gender perspective. With this research, it is hoped that it can provide input on how patriarchal culture can have a major impact on social life in society to the point of giving birth to gender-based understandings and actions including femicide.]]>
<![CDATA[PENGEMBANGAN DESA WISATA DI BALI MELALUI PENGUATAN LEMBAGA PERKREDITAN DESA (LPD) BERLANDASKAN ATAS TRI HITA KARANA ]]>
<![CDATA[Ida Ayu Putu Sri Astiti Padmawati, SH.,MH.]]>
<![CDATA[ VYAVAHARA DUTA Vol 20 No 1 (2025) ]]>
Publisher : <![CDATA[Jurusan Hukum Fakultas Dharma Duta Universitas Hindu Negeri I Gusti Bagus Sugriwa Denpasar ]]>
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DOI: 10.25078/vyavaharaduta.v20i1.4782
<![CDATA[This study aims to reconstruct the LPD as a village-owned financial institution that can play a role in the development and formation of tourist villages in Bali. The research method used in this study is normative method. The research used statute, conceptual, and sociological approach. The existence of tourism village in Bali provides space for LPDs to participate in making their presence knowns amidst increasingly fierce competition between banking institutions. LPD is the main milestone of local wisdom-based capital in the development of tourist village in Bali. Of course, LPD institutions need to cooperate with other local institutions, including Village -Owned Enterprises. This research proves the relevance of Cybernetics theory, which is tailored to the role of the LPD as a traditional village financial institution. This research offers institutional strengthening of LPDs in the development of Tourism Villages in Bali through a cooperation scheme with Village-Owned Enterprises as a village-owned legal entity that can carry out business activities. ]]>
<![CDATA[ASPEK LEGALITAS CAGAR BUDAYA PURA DALEM SOLO DI DESA SEDANG KECAMATAN ABIANSEMAL ]]>
<![CDATA[Wijayanti, Eva]]>;
<![CDATA[I Made Adi Widnyana]]>;
<![CDATA[I Made Suta]]>
<![CDATA[ VYAVAHARA DUTA Vol 20 No 1 (2025) ]]>
Publisher : <![CDATA[Jurusan Hukum Fakultas Dharma Duta Universitas Hindu Negeri I Gusti Bagus Sugriwa Denpasar ]]>
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DOI: 10.25078/vyavaharaduta.v20i1.4884
<![CDATA[Dalem Solo Temple Located in Medium Village, Abiansemal District, is generally used as a place of worship for Hindus, has a lot of history and has the potential to become an excellence. However, if it is not managed creatively and innovatively, this will be a threat to the Cultural Heritage. Management efforts through the preservation of Cultural Heritage must be carried out carefully based on basic concepts in the form of master plans and detailed implementation documents to anticipate deviations when implementing future strategies. Dalem Solo Temple is a Cultural Heritage under the guidance of the Bali Archaeological Preservation Center. Based on this description, the problem will be studied through Objectives, including: To Know and Analyze the Legality Aspects in Preserving the Cultural Heritage of Dalem Solo Temple in Sedang Village. The research was studied using empirical legal research methods that used legal theory, namely legal protection theory and supervision theory. The results of the study show that community participation in the village is included in the free category, meaning that seen from the degree of volunteerism, the way of involvement in various stages of the development process involves themselves directly without being represented in community activities. The legality of the Cultural Heritage of Dalem Solo Temple is under the guidance of the Bali Archaeological Heritage Preservation Center.1) Dalem Solo Temple which is based on the Decree of the Head of the Bali Archaeological Heritage Preservation Center in the Working Area of the Province of Bali, NTB and NTT Number: HK.501/06/UPT/DKP/2007 concerning the Determination of Cultural Heritage Objects. 2) Letter of Determination of Cultural Heritage Objects, Number: HK.501/07/UPT/DKP/2007 Decree of the Badung Regency Cultural Office.]]>
<![CDATA[KONSEPSI SANKSI ADAT DALAM KASUS PELECEHAN SEKSUAL OLEH OKNUM PEMUKA AGAMA ( STUDI KASUS DI DESA TAMPAKSIRING KABUPATEN GIANYAR ) ]]>
<![CDATA[Ni Putu Anggie Astriani]]>;
<![CDATA[Widnyana, I Made Adi Widnyana]]>;
<![CDATA[Sugita, I Made]]>
<![CDATA[ VYAVAHARA DUTA Vol 20 No 2 (2025): Vyavahara Duta ]]>
Publisher : <![CDATA[Jurusan Hukum Fakultas Dharma Duta Universitas Hindu Negeri I Gusti Bagus Sugriwa Denpasar ]]>
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DOI: 10.25078/vyavaharaduta.v20i2.4885
<![CDATA[The occurrence of sexual harassment by a religious figure was addressed in a decision by the Denpasar District Court, Decision Number 266/Pid.B/2021/PN Dps,, concerning this case. In the decision, it was stated that an individual named IWM (initials used by the writer) was legally and convincingly proven to have committed an act of obscene behavior with violence as defined in Article 289 of the Indonesian Criminal Code (KUHP). Therefore, stricter enforcement by the traditional village through the implementation of more stringent customary sansctions is necessary. Based on this explanation, the aim of this research are: 1. To analyze the urgency of the need for the concept of customary sanctions for cases of sexual harassment by religious figures in Tampaksiring Village, Tampaksiring District, Gianyar Regency. 2. To analyze the form of the concept of customary sansctions for cases of sexual harassment by religious figures in Tampaksiring Village, Gianyar Regency. This study utilizes empirical legal research, employing the theory of law known as the theory of receptie. The findings of the study indicate the form of customary sansctions is regulated in the awig-awig (customary law) Saptamas Sargah Wicara Lan Pamidanda Palet 2 Indik Pamidanda Pawos 75. The sanctions applied for sexual harassment include Penyangaskara punishment which entails conducting religious ceremonies, requiring the offering of banten pecaruan to restore magical balance. In addition to Penyangaskara sanctions, it is also conceptualized that customary sanctions include menyaksama or mapilaku (asking for forgiveness) in front of the village's paruman (traditional village council). As an effort by the traditional village to tackle sexual harassment, one measure is to tighten the reporting of visitors if they come to a sacred place.]]>
<![CDATA[Pajak Penghasilan Bagi Pelaku Bisnis Konten Kreator Di Platform Youtube ]]>
<![CDATA[niluh, martiniasih]]>;
<![CDATA[Saravistha, Deli Bunga]]>;
<![CDATA[Kadek Dedy Suryana]]>
<![CDATA[ VYAVAHARA DUTA Vol 20 No 2 (2025): Vyavahara Duta ]]>
Publisher : <![CDATA[Jurusan Hukum Fakultas Dharma Duta Universitas Hindu Negeri I Gusti Bagus Sugriwa Denpasar ]]>
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DOI: 10.25078/vyavaharaduta.v20i2.4932
<![CDATA[The massive development of internet technology has significantly impacted the consumption patterns of information and economic activities of society, including in Indonesia. YouTube platform as a medium for sharing content and a source of income for content creators through the Google AdSense monetization program. However, the emergence of this form of digital income poses new challenges in the taxation system, particularly regarding the clarity of tax jurisdiction, tax compliance, and the classification of income types. This research aims to analyze the regulation of income tax (PPh) obligations for YouTubers in Indonesia and identify the factors affecting the effectiveness of the implementation of these regulations. In the legal context, the imposition of income tax (PPh) on digital content creators needs to consider the principles of legal certainty and fiscal justice, especially when facing the cross-border and technology-based characteristics of the digital economy. The main issues faced include the complexity of digital transactions, differences in policies between countries, and low legal literacy among creative industry players. This research shows that although the government has issued several regulations, their implementation still faces obstacles, both in terms of supervision and taxpayer compliance and the incompatibility of the conventional tax system with digital economy practices. Therefore, adaptive tax system innovations, public education, and cross-sector collaboration are needed to ensure the sustainability of state revenue and protection for digital economy actors.]]>
<![CDATA[The PENCABUTAN KUASA SECARA SEPIHAK OLEH PEMBERI KUASA: PENCABUTAN KUASA ]]>
<![CDATA[NI MADE, TRISNA DEWI]]>
<![CDATA[ VYAVAHARA DUTA Vol 20 No 2 (2025): Vyavahara Duta ]]>
Publisher : <![CDATA[Jurusan Hukum Fakultas Dharma Duta Universitas Hindu Negeri I Gusti Bagus Sugriwa Denpasar ]]>
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DOI: 10.25078/vyavaharaduta.v20i2.4985
<![CDATA[The unilateral revocation of power of attorney by the grantor is a common practice in civil legal relationships, but it often raises legal issues when carried out without regard to the interests and legal position of the attorney. This article specifically discusses the legal basis for revocation of power of attorney based on Article 1813 of the Indonesian Civil Code (KUHPerdata), which grants the grantor the authority to revoke the power at any time, while also examining the limitations of that authority to protect the rights of the attorney. The focus of this study is directed at conditions where unilateral revocation may cause harm, create potential for breach of contract, and contradict the principle of good faith. The method used in this study is a normative-juridical approach based on statutory and doctrinal analysis. The findings indicate that although, normatively, power of attorney can be revoked freely, in practice there are both legal and moral limitations—especially when the power of attorney has been partially exercised, involves the interests of the attorney, or is revoked suddenly without valid reason. Under such conditions, revocation may give rise to liability for compensation to the attorney and be deemed contrary to the principles of justice and good faith. This article recommends the need for updating the norms of the Civil Code to provide procedural clarity concerning the revocation of power of attorney, including notification requirements, regulation of reasonable time limits, and compensation for resulting losses. It is expected that such reforms would create legal certainty and balanced protection for both the grantor and the attorney in the practice of power of attorney agreements.]]>
<![CDATA[A Kebijakan Bisnis Yang Berorientasi Pada Green Tourism Sebagai Implementasi Pasal 67 Undang-Undang Nomor 32 Tahun 2009 : green tourism, kebijakan bisnis, lingkungan hidup ]]>
<![CDATA[Widiadnyani, I]]>;
<![CDATA[Muhammad Panji Mahardika]]>;
<![CDATA[Lily Marheni]]>;
<![CDATA[I Nyoman Sukayasa]]>
<![CDATA[ VYAVAHARA DUTA Vol 20 No 2 (2025): Vyavahara Duta ]]>
Publisher : <![CDATA[Jurusan Hukum Fakultas Dharma Duta Universitas Hindu Negeri I Gusti Bagus Sugriwa Denpasar ]]>
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DOI: 10.25078/vyavaharaduta.v20i2.5077
<![CDATA[In an effort to preserve environmental sustainability and support sustainable development, green tourism policy has emerged as a strategic alternative. This article discusses the implementation of green tourism policy as a response to Article 67 of Law Number 32 of 2009 concerning Environmental Protection and Management. This research employs a qualitative approach with case study analysis in several tourist destinations that implement sustainable tourism principles. The findings indicate that the application of green tourism not only contributes to environmental preservation but also enhances the quality of tourist experiences and empowers local communiaties. Furthermore, this policy encourages collaboration among the government, tourism industry stakeholders, and communities to create a more environmentally friendly tourism ecosystem. The conclusion of this study underlines the importance of strengthening regulations and business policy support to expand the implementation of green tourism in Indonesia, as a concrete step towards achieving sustainable development goals]]>
