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All Journal Kertha Semaya JURNAL MAGISTER HUKUM UDAYANA Syntax Literate : Jurnal Ilmiah Indonesia Mimbar Hukum - Fakultas Hukum Universitas Gadjah Mada Substantive Justice International Journal of Law Sociological Jurisprudence Journal Jurnal Notariil JURNAL HUKUM PRASADA Jurnal Analisis Hukum
Ida Ayu Sadnyini
Universitas Pendidikan Nasional
Humanities Education Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences

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IMPLEMENTASI HAK WARIS PEREMPUAN KE DALAM AWIG-AWIG DESA PAKRAMAN Ida Ayu Sadnyini
Jurnal Magister Hukum Udayana (Udayana Master Law Journal) Vol 5 No 3 (2016)
Publisher : University of Udayana

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (376.006 KB) | DOI: 10.24843/JMHU.2016.v05.i03.p16

Abstract

Women in Bali Customary Law have not received legal heir protection. This is because the Hindu community in Bali embraces patrilineal kinship system. In the development of the Assembly Pakraman (MDP) Bali Number III of 2010, they have taken the initiative to give women the right to inherit the extent of the joint property of her parents. As the MDP decree has not been implemented into awig awig Pakraman, women are still in the same position. This condition causes the researcher to study the "Implementation Inheritance Rights of Women into Awig-Awig Pakraman". The issues that will be studied as follows: How do women's inheritance rights in Hindu society in Bali before the issued MDP Bali? How is the implementation of the MDP Bali Decree No.III of 2010 into awig awig Pakraman? This research is an empirical research. Analysis of primary data and secondary data is done using qualitative descriptive method and legal arguments are then provided. Having conducted research on awig awig Pakraman 2014, none have implemented the MDP decree into awig-awig. Continuous socialization is necessary so that the indigenous elders and Hindu community in Bali implement the MDP decree to provide what the rights of women.Perempuan dalam Hukum Adat Bali, belum mendapat perlindungan hukum dalam mewaris. Hal ini disebabkan karena masyarakat Hindu di Bali menganut sistem kekeluargaan patrilineal. Dalam perkembangannya Majelis Desa Pakraman (MDP) Bali Nomor III Tahun 2010 telah mengambil inisiatif untuk memberikan hak  mewaris kepada perempuan sebatas harta bersama dari orang tuanya. Putusan MDP tersebut belum di implementasikan kedalam awig-awig desa pakraman, menyebabkan perempuan masih dalam posisi yang sama. Keadaan inilah yang menyebabkan peneliti ingin mengkaji  “Implementasi Keputusan MDP Bali Nomor III Tahun 2010 Tentang Hak Waris Perempuan Ke Dalam Awig-Awig Desa Pakraman”. Adapun permasalahan yang akan dikaji sebagai berikut: Bagaimanakah hak waris anak perempuan dalam masyarakat Hindu di Bali sebelum keluarnya Keputusan MDP Bali? Bagaimanakah implementasi Keputusan MDP Bali Nomor III Tahun 2010 ke dalam awig-awig desa pakraman ? Penelitian ini termasuk penelitian empiris. Analis data primer dan data sekunder dilakukan dengan cara diskriptif kualitatif serta diberi argumentasi hukum. Setelah mengadakan penelitian terhadap awig-awig desa pakraman tahun 2014, belum ada yang mengimplementasikan keputusan MDP ke dalam awig-awig. Perlu sosialisasi terus menerus agar para bendesa adat dan masyarakat Hindu di Bali melaksanakan keputusan MDP tersebut untuk memberikan apa yang menjadi hak perempuan.
Formulation of Customary Criminal Law in Future Criminal Code and Legal Enforcement in Indonesia Gede Eka Rusdi Antara; I Nyoman Budiana; Ida Ayu Sadnyini
Susbtantive Justice International Journal of Law Vol 4 No 2 (2021): Substantive Justice International Journal of Law
Publisher : Faculty of Law, Universitas Muslim Indonesia, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33096/substantivejustice.v4i2.149

Abstract

The pros and cons were debated in limiting national legal substance with full recognition of Customary Criminal Law in the bill of Criminal Code and its future enforcement. On the other hand, there are arguments against the inclusion of Customary Criminal Law in the Criminal Code and the resulting disparities in legal enforcement caused by some Judges’ ignorance of judging customary criminal cases settled with the imposition of customary sanctions, which resulted in an unjust situation. This article aims to serve as a legal academic framework for establishing, identifying, and analyzing the formulation of Customary Criminal Law into the Indonesian Criminal Code, as well as to contribute to the discussion of judges’ roles in sentencing customary criminal cases, which they should determine and judge based on customary law. This article demonstrated the use of normative legal research in conjunction with statutory law, legal conceptual, and philosophical approaches to law. This article discovered that: first, several issues concerning the formulation of Customary Criminal Law into several national Bills of Criminal Code were debatable; second, it also cannot be enacted due to conflicting contexts with Criminal Law principles, unwillingness, and an ambiguous law-making process. Furthermore, the prospect of including the Customary Criminal Law in the Bill of Criminal Code is based on various justifications and legal needs that reflect the diverse local genius that still exists and adheres to Pancasila law principles. Additionally, it relates to a proposed new paradigm that Judges and other legal enforcers should adopt when enforcing Customary Criminal Law in any criminal customary case.
Regulation of Foreigner Stay Permit as Director of Limited Liability Company and Investor in Foreign Investment Tri Sutjiati; Ida Ayu Sadnyini
Jurnal Hukum Prasada Vol. 8 No. 2 (2021): Jurnal Hukum Prasada
Publisher : Magister of Law, Post Graduate Program, Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (985.332 KB) | DOI: 10.22225/jhp.8.2.2021.89-100

Abstract

Based to Article 10 Paragraph (1) on Regulation Ministry of Manpower Number 10 Year 2018 Concerning Procedure of Employ Foreign Worker says that employer of the foreign worker is not required to possess any EPP (working permit) to employ foreign workers who are shareholders with the position of the board of directors or board of commissioners, as it is stated before on Article 10 Paragraph (1) Presidential Decree No. 20 Year 2018 Concerning Foreign Worker. Nevertheless, the facility for investors to possess stay permits in Indonesia which is mentioned in Article 22 Paragraph (3), Regulation of Ministry of Justice and Human Rights Number 51 Year 2016 Concerning Change of Regulation Number 24 Year 2016 Concerning Technical Procedures for Application and Issuance of Visit Visas and Limited Stay Visas, says that the investor prohibited working. This study aims to investigate the procedure and the regulations that govern temporary stay permits of directors and foreign investors in Indonesia. The method used in this study is normative legal research and meanwhile, statute approach and conceptual approach are used as the approach of this study. The results of this study showed that 1) higher norms govern action, as to create lower norms, governs realization of action. Presidential Decree has a higher position in the hierarchy from Ministry Regulations. 2) ideal framework of statutory regulations shall consist of a balance portion of justice, legal certainty and finality.
PERLINDUNGAN DAN UPAYA HUKUM BAGI PEKERJA KARENA PEMUTUSAN HUBUNGAN KERJA SEPIHAK Ida Bagus Kade Putra Manuaba; Ida Ayu Sadnyini
Jurnal Analisis Hukum Vol 1 No 1 (2018)
Publisher : Universitas Pendidikan Nasional

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (258.732 KB) | DOI: 10.38043/jah.v1i1.241

Abstract

The Industrial Relationship Pancasila as orientation of philosophy for the labor law, have a purpose to balancing the right and obligation of labor, industrialist and government. Issues in this research are how represif and prefentif legal protection and legal efforts for employees cause unilateral termination as result of heavy mistake according to Act Number 13 Year 2003 concerning Labor. The purpose of this research is to know and examines the legal protection and the legal efforts for employees cause unilateral termination. The conclusion from this researchthat the substace of regulation on legal protection for unilateral termination as result of heavy mistake, is not formulated yet clearly and comprehensiveness with the result that legal uncertainty for laborer. And then for resolve the conflict there is 2 alternative dispute resolution, with litigation process pass through the court or non litigation process.Keyword: Act Number 13 Year 2003 Concerning Labor, Article 158, Industrial Relationship, Termination.
PUNISHMENTS OF BRAHMIN WOMEN MARRIAGE IN BALI (IN THE PERSPECTIVE OF HINDU VALUES) Ida Ayu Sadnyini
Mimbar Hukum - Fakultas Hukum Universitas Gadjah Mada Vol 28, No 3 (2016)
Publisher : Fakultas Hukum Universitas Gadjah Mada

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (350.432 KB) | DOI: 10.22146/jmh.16693

Abstract

ABSTRACT Brahmin women marriage to men of different castes in Bali is called intermarriage in terms of customary law, commonly is called asupundung. Punishments for such marriages still exist among people, especially patiwangi ceremonies and other social punishments. This study is conducted based on that issue. The research problems are how do punishmentsof Brahmin women marriage to men of different castes apply? How are marriage punishments in the perspective of Hindu values? The method used is empirical legal research using primary and secondary data which then are analyzed using legal theory, principles and teachings of Hinduism in qualitative descriptive and finally arguments are provided. Punishments for this marriage include: killed by jumping into the fire, drowned in a sea with a stone tied around legs, isolated, downgrading, not allowed to go home, refined language. These punishments in Hindu perspective are contrary to the teachings of Tri Hita Karana, Tri Kaya Parisudha, Vasudaiva, Kutumbakam, Tat WamAsi, Manusapada, Ardhanareswari, Akhroda, Ahimsa.
PATIWANGI SANCTION IN BALINESE HINDU COMMUNITY’S LEGAL CULTURE Ida Ayu Sadnyini
Mimbar Hukum - Fakultas Hukum Universitas Gadjah Mada Vol 29, No 2 (2017)
Publisher : Fakultas Hukum Universitas Gadjah Mada

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (403.66 KB) | DOI: 10.22146/jmh.17639

Abstract

AbstractInter-dynastic marriage today has been commonly held by Hindu community that has a vertically closed social stratification called dynasty. Couples who wants to perform inter-dynastic marriages before 1951 are required to conduct patiwangi ceremony in addition to the discharge penalty into areas outside Bali (Selong). Sanctions of patiwangi ceremony have been removed by some rules, but the community still conducts it. From this background, problems arise as follows: What is the meaning of patiwangi ceremony? Why are people still perform the patiwangi ceremony sanction?. The method used is the type of empirical legal research, using qualitative descriptive analysis. The meaning of patiwangi sanctions is to lower dignity and honor of a caste woman. People still perform the patiwangi because patiwangi is a legal culture that has penetrated into the soul of Hindu community in Bali.IntisariMakna sanksi upacara patiwangi adalah menurunkan derajat, kehormatan, keharuman wangsa dari perempuan yang memiliki wangsa brahmana, ksatria, dan weisya. Upacara patiwangi mengandung pelecehan baik dari segi sebutan istilah maupun pelaksaan upacara patiwangi. Oleh karena itu sudahsepantasnya upacara patiwangi dihapus, karena tidak sesuai dengan nilai-nilai kesetaraan, nilai-nilai kemanusiaan, nilai-nilai keadilan, dan nilai-nilai kearifan lokal. Berdasarkan hasil penelitian upacara patiwangi masih tetap dilakukan oleh masyarakat Hindu karena merasa yakin sanksi upacara patiwangi akan membawa keseimbangan dan kebaikan bagi pelaku perkawinan antar-wangsa. Upacara patiwangi sudah menjadi budaya hukum hukum bagi sebagian masyarakat Hindu di Bali.
Appointment of Children Based on Government Regulation Number 54 Year 2007 in Human Rights Perspective Ida Ayu Sadnyini; Ni Putu Sawitri Nandari; Ida Ayu Ketut Artami; Clara Tia Sukma Sari
Sociological Jurisprudence Journal Vol. 5 No. 1 (2022)
Publisher : Fakultas Hukum, Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/scj.5.1.2022.17-24

Abstract

Adoption in general is an act of taking someone else's child based on legal provisions that apply to the community concerned. Based on the determination number: 597/Pdt.P/2020/PN Dps and number: 924/Pdt.P/2019/PN Jkt Sel. It is known that there are adoptive parents who already have two biological children, this of course is not in accordance with Government Regulation Number 54 ofx2007 concerning the Implementation of Adoption. The problem in this research is that the cause of adoption is not in accordance with Government Regulation No. 54 ofx2007 and adoption from the perspective of Human Rights. The theory used in the analysis is the theory of justice, distributive justice, which is the balance between what a person gets and what he deserves. This type of research used in this paper is a type ofxnormative legal approach. The cause ofxado ption in this case is because the biological parents cannot fulfill the child's rights, so that the adoption of the child is carried out so that the fulfillment of the child's rights is fulfilled by the adoptive parents. Children's rights have a relationship with human rights and are regulated by the state.Therefore, there needs to be good cooperation between the government and the community through outreach, counseling and assistance activities in order to increase understanding of the requirements, procedures and fulfillment of children's rights in the implementation of adoption. The implementation of adoption explains that one of the requirements for prospective adoptive parents is not having children or only having one child, However, in its implementation, there was a judge's decision that allowed prospective adoptive parents who had biological children before adopting a child. So, There needs to be an update or amendment to the regulations regarding the requirements for adoption, which should prioritize the fulfillment of children's rights.
LEGAL PROTECTION OF INTERIOR DESIGN IN INDUSTRIAL DESIGN INTELLECTUAL PROPERTY RIGHTS Ida Ayu Sadnyini; I Gede Putu Agus Wistama Putra; A.A.A.Ngurah Sri Rahayu Gorda; A.A.A. Ngurah Tini Rusmini Gorda
NOTARIIL Jurnal Kenotariatan Vol. 6 No. 1 (2021)
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/jn.6.1.3614.27-37

Abstract

Intellectual property is creativity that results from human thought in order to meet the needs and welfare of human life. Currently, IPR issues are widely discussed in the context of international issues. IPR includes two parts, namely Copyrights and Industrial Property Rights. Industrial property rights include patents, industrial designs, integrated circuits layout designs, trade secrets, geographic indications, trademarks and plant variety protection (PVP). Interior design is part of industrial design. Interior design has experienced significant developments in recent years, including in Indonesia. Problems that arises is plagiarisms done by imitating or using the "similarity" of an interior design that already has an industrial design certificate without any permission from the design owner. This study aims to find out the legal protection of interior design in the intellectual property rights of industrial design and the legal basis used by judges in deciding industrial design rights disputes. The result of this study showed that the legal protection of interior design in the intellectual property rights of industrial design involved two legal protections; they are preventive legal protections and repressive legal protections. Furthermore, Gustav Radbruch's theory of legal ideals is used as a legal basis in deciding cases of disputes over industrial design rights based on justice, benefits, and legal certainty in the case of industrial design disputes Ecosfera Room.
Upaya Perlindungan Hukum Terhadap Anak Sebagai Korban Kekerasan Seksual (Studi Kasus di Polda Bali) Ida Ayu Sadnyini; Sang Putu Wedha Rama
Jurnal Analisis Hukum Vol 5 No 2 (2022)
Publisher : Universitas Pendidikan Nasional

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (234.616 KB) | DOI: 10.38043/jah.v5i2.3743

Abstract

Child problems that often occur to children are acts of sexual violence against children which can be in the form of physical or psychological violence. Sexual violence against children needs serious attention considering the consequences of sexual violence against children will cause children to experience prolonged trauma. Trauma can endanger the mental development of children so that children cannot grow and develop properly. Cases of crimes of sexual violence against children where the perpetrators are adults and most of them are known to the victims. In general, sexual violence is a sexual satisfaction that is obtained by someone from having sex with children. The purpose of this study is to find out and analyze the legal protection for children as victims of sexual violence provided by the Bali Police and the form of sanctions given to perpetrators of criminal acts. sexual violence against children. This study uses empirical or sociological research methods with a juridical approach. The results showed that the legal protection provided by the PPA Unit was in the form of legal and psychiatric assistance starting from the investigation process to the judicial process. The imposition of sanctions given to adult perpetrators in accordance with the provisions of Law no. 35 of 2014. For perpetrators who are minors, efforts are made through diversion, if diversion is not possible, it will be processed in accordance with the provisions contained in Law no. 11 of 2012.
Efforts to Resolve the Misuse of Customer Funds at The Village Credit Institution (VCI) of Sibang Kaja Customary Village Ida Ayu Sadnyini; Ni Wayan Pariasih Cahyana
Sociological Jurisprudence Journal Vol. 5 No. 2 (2022)
Publisher : Fakultas Hukum, Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/scj.5.2.2022.107-111

Abstract

Village Credit Institution (VCI) of customary village/desa pekraman in Bali is a village-owned financial business entity that carries out business activities in the village and for krama desa. In this case, the authors conducted research on the VCI of Sibang Kaja Customary Village, Abiansemal District, Badung Regency, Bali Province. This research was conducted to determine and examine (1) the factors that cause customer funds cannot be disbursed at the VCI of Sibang Kaja Customary Village; (2) the efforts to resolve the misuse of customer funds at the VCI of Sibang Kaja Customary Village. This is empirical and juridical research, using the qualitative descriptive method and Aristotle’s theory of justice. This research used primary and secondary data. Data were obtained through in-depth interviews. Three factors that cause customer funds cannot be disbursed: (a) the VCI does not record the money deposited by customers in their passbooks; (b) customers deposit their money through VCI employees in charge of collecting money in the field, yet, the money is not deposited to the VCI, resulting in the customer suffering a loss; (c) non-fulfillment of customer rights. The effort to resolve the misuse of customer funds at the VCI of Sibang Kaja Customary Village is through deliberation/paruman of the customary village. The result of deliberation/paruman of the customary village is reconciliation between the customers of the VCI and the perpetrators. Sanctions given on the perpetrators are: managers and employees of the VCI who, in carrying out their duties, violate the provisions and cause harm to the VCI must: (a) provide compensation according to the losses incurred; (b) receive customary sanctions according to awig-awig and perarem; (c) receive sanctions according to the applicable law.
Co-Authors Anak Agung Ayu Ngurah Tini Rusmini Gorda Artami, Ida Ayu Ketut Budiana, I Nyoman Clara Tia Sukma Sari David Christianto Gede Eka Rusdi Antara Gorda, A.A.A. Ngr Sri Rahayu I Gede Agus Kurniawan I Gede Agus Kurniawan I Gede Putu Agus Wistama Putra I Made Agastia Wija Prawira I Made Wirya Darma Ida Bagus Kade Putra Manuaba Made Jayantara Ni Putu Sawitri Nandari Ni Wayan Pariasih Cahyana Sang Putu Wedha Rama Stefanus Gandi Tri Sutjiati