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64 Documents
HINDU DAN DEMOKRASI
Rudita, I Made
Jurnal Advokasi Vol 6 No 1 (2016): Jurnal Advokasi
Publisher : Fakultas Hukum Universitas Mahasaraswati Denpasar
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Hinduism is a religion that up hold the principles of democracy, because it gives freedom Hindu followers the choice way or the way to believe in God, according to his conscience. Besides Hindu religion is very appreciate the difference and diversity, in line with the motto of âBhineka Tunggal Ikaâ that is the essence of Hinduism. Further more Hindu always teach people to be critical and honest, which is in line with the attitude of thinking of democracy
PERLINDUNGAN HUKUM TERHADAP EKSISTENSI LAYANG -LAYANG TRADISIONAL BALI SEBAGAI PENGUATAN PARIWISATA BUDAYA
Udytama, I Wayan Wahyu Wira
Jurnal Advokasi Vol 6 No 1 (2016): Jurnal Advokasi
Publisher : Fakultas Hukum Universitas Mahasaraswati Denpasar
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The soul of Bali tourism is cultural tourism, where one aspect of culture that became a tourist attraction in Bali is a traditional Balinese Kite. This research aims to find out how the protection of traditional Balinese kites as strengthening the Bali culture associated with cultural tourism.The author takes the method in writing in the form of the empirical method, which method to use facts as a major analysis by linking the law who live in the community and using descriptive analytical approach.The results of this paper is the existence of the protection of traditional Balinese kites only to the extent of organizing events conducted between local government and traditional Balinese kites Sekehe, Pakraman own sheltered by giving space to young people to work in traditional Balinese kites.
DILEMATIKA KEBIJAKAN UPAH MINIMUM DALAM PENGUPAHAN DI INDONESIA
Wiryawan, I Wayan Gde
Jurnal Advokasi Vol 6 No 1 (2016): Jurnal Advokasi
Publisher : Fakultas Hukum Universitas Mahasaraswati Denpasar
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The existence of Pancasila Industrial Relations in Indonesia, which consists of three parties namely, employees, businessman and the government to put the governments role as a representative of the state in its strategic position as a regulator in an effort to provide protection to workers rights in the area of wages in order to enhance the dignity of workers. The minimum wage policy as a wage policy that is built sporadically result in not achieving the minimum wage essence of which is to protect workers wages from being hit in the low wage has caused dilematika in Industrial Relations in Indonesia. The controversy in the process of establishing, implementing and enforcing minimum wages will always happen when the construction of the minimum wage policy developed in the absence of wage system in the Pancasila Industrial Relations.
PERTANGGUNGJAWABAN ALOKASI DANA DESA PELAGA TERKAIT PROGRAM PEMBERIAN ALOKASI DANA DESA KABUPATEN BADUNG
Sugiantari, Anak Agung Putu Wiwik;
Wiasta, I Wayan;
Perbawa, Ketut Sukawati Lanang Putra;
Wiryawan, I Wayan Gde;
Wijaya, I Made Hendra
Jurnal Advokasi Vol 6 No 1 (2016): Jurnal Advokasi
Publisher : Fakultas Hukum Universitas Mahasaraswati Denpasar
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With the enactment of Act Number 6 of 2014 concerning the Village, then granting of Village Fund by Local Government of Badung to Pelaga Village, requires a of acccountability for the use of aid allocations Village Fund. In this research discusses the Badung regency government policy in managing the allocation of village funds and the accountability Village Revenues and Expenditures Budget in Pelaga Village, Petang District, Badung Regency.
DELEGASI REGULASI DAN SIMPLIFIKASI REGULASI DALAM PEMBENTUKAN PERATURAN KEPALA DAERAH
Suherman, Petrus Kadek
Jurnal Advokasi Vol 7 No 1 (2017): Jurnal Advokasi
Publisher : Fakultas Hukum Universitas Mahasaraswati Denpasar
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In local governance should be based on regulations, to be able to provide services and the protection of fundamental rights of the people. On the other hand the rules or regulations of one of them made by local governments in both the types of regulations or regulations of the regional chief. The authority of local government and regional chiefs to make local laws and regulations based on the regional heads attribution and delegation authority. In practice, this often results in the occurrence of obesity regulation or regulation created a high quantity. The terms of substance the principle of the legislation formation was good enough delegated substantive content regulated in the area.
TINJAUAN HUKUM TENTANG PENGANGKATAN ANAK TERLANTAR DI BALI
Pramana, I Gede Pasek
Jurnal Advokasi Vol 7 No 1 (2017): Jurnal Advokasi
Publisher : Fakultas Hukum Universitas Mahasaraswati Denpasar
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Balinese customary law does not have strict rules on who can be adopted as a sentana (child). In general, the adopted child is male and originated from the same clan as the prospective adoptive parents. However, the adoption of a female child who is originated outside of the prospective adoptive parents clan and/or has no family relationship with the prospective adoptive parents  is also sometimes permitted. Nonetheless, Bali customary law in fact does not regulatematters on the neglected children. As a result, Balinese customary people seem like lack of legitimacy if they wish to adopt the neglected children as sentana. On the other side, the state law does provide space for every citizen to adopt neglected children as a form of human rights protection of children. Based on the theory of legal pluralism and the theory of semi-autonomous, the Balinese customary law shall be subject to the laws of the state. Hence, the adoption of the neglected children is actually able to be done by the Balinese customary people and still can be given legitimacy from the state law.
PENGUATAN KEJAKSAAN DALAM PENANGANAN PERKARA PIDANA MELALUI PLEA BARGANING
Iswara, I Made Agus Mahendra
Jurnal Advokasi Vol 7 No 1 (2017): Jurnal Advokasi
Publisher : Fakultas Hukum Universitas Mahasaraswati Denpasar
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Overcome crime required a crime prevention system called the criminal justice system to which it one of its subsystems, namely the prosecution conducted by the Attorney. Criminal procedure law in Indonesia has not recognized the efficiency of case handling process, so the impact on the accumulation of cases. Therefore necessary to find a solution that is one of them is the Plea Bargaining. Plea bargaining is a process of negotiation between the public prosecutor to sentence the defendant, the facts nor the article indictment with the aim to relieve the defendant. Interest Plea Bargaining is the time efficiency of case handling. Plea Bargaining has been implemented in several countries with the characteristic of each. KUHAP known that the bill "Dedicated lanes" which has characteristics similar to the Plea Bargaining.
POLITIK HUKUM PIDANA TERHADAP TINDAKAN TRANSPLANTASI ORGAN TUBUH
Bunga, Dewi
Jurnal Advokasi Vol 7 No 1 (2017): Jurnal Advokasi
Publisher : Fakultas Hukum Universitas Mahasaraswati Denpasar
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Organ transplantation is a medical procedure that has been done since the 20th century to improve the quality of life of patients. The demand for organs more than the supply of donor organs. Patients also had to wait to get the desired organ. This condition is used to conduct illegal organ trade (organ trafficking).Organ trafficking can be made online. Indonesia legalize organ transplants, but prohibits all forms of organ trafficking. Criminal law policy against acts of organ trafficking in Indonesia is regulated in the Act Number 36 of 2009 on Health. Transplants can only be done for humanitarian purposes and is done by health workers who have the expertise and authority to do so and do in a particular health care facility.
KONSEKUENSI YURIDIS PERJANJIAN BERBAHASA ASING DAN DAMPAKNYA BAGI PERKEMBANGAN MASYARAKAT EKONOMI ASEAN
Laheri, Putu Eva
Jurnal Advokasi Vol 7 No 1 (2017): Jurnal Advokasi
Publisher : Fakultas Hukum Universitas Mahasaraswati Denpasar
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This writing is made in relation to discuss regarding the legal consequences for the agreement which made in foreign language pursuant to the legal consideration as stipulated in the supreme court decision no. 601 K/PDT/2015 and Supreme Court decision No. 595/K/ PDT-SUS/2010 which we conclude the ability and accuracy of the judges hold a very important role in deciding and giving legal considerations relating to the application of cancellation of the agreement which made in foreign language in order to make a decision and judgment which are able to give a sense of justice, legal certainty and expediency which provides security to invest in Indonesia in this era of the ASEAN Economic Community (AEC).
PERSELISIHAN HAK ATAS UPAH PEKERJA TERKAIT UPAH MINIMUM KABUPATEN/KOTA (UMK)
Kesuma, I Nyoman Jaya
Jurnal Advokasi Vol 7 No 1 (2017): Jurnal Advokasi
Publisher : Fakultas Hukum Universitas Mahasaraswati Denpasar
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Salary are basic rights for workers. For the sake welfare of workers, be established regulations by government related to minimum salary of workers every year has changed adjust the economy in Indonesia. Violations of right against minimum salary of worker can happen so The problem related to protection of workers rights related to Minimum Salary in District / City and legal action for workers related rights disputes to workers salary below the minimum salary in District / City. In the discussion on the right to worker salary related to minimum salary workers protected by law by the act and the implementing regulations and legal action that can be taken by workers in case of rights violations salary may take legal action out of court until the legal action through the courts for the rights of workers.