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Kedudukan Desa Adat Dalam Mekanisme Pemerintahan Desa Menurut Undang-Undang Nomor 6 Tahun 2014 Tentang Desa I Wayan Wisadnya
Jurnal Ilmiah Raad Kertha Vol 1, No 1 (2018)
Publisher : Universitas Mahendradatta

Country of Indonesia is a multicultural country with variouscharacteristics or its regional identity. The cirri or identity is the existence of theLaw of the Republic of Indonesia 1945.Sebagai one example of the area that is stillvery strong to maintain the implementation of the existence of customs and cultureis the area of Bali.Melalui traditional village which is also called as PekramanVillage (Perda Bali Province on change on behalf of Provincial Law No. 3 of 2001on the village pekraman, Provincial Regulation Bali No. 3 Year 2003). Then sinceIndnesia independence has been established several laws that exclusively orindependently regulate about the village. The Law includes Law No. 22 of 1948 on the Law on Regional Government, Law No. 1 of 1957 on the Principles of RegionalGovernment, Law No. 19/1965 on Village Management, Law No. 5 Year 1974 onthe subject matter of governance in the region, Law no. 5 of 1979 on villageadministration, Law no 22 of 1999 on regional government, Law no 32 year 2004and lastly about law no 6 year 2014 on regional government concerning the village.Formally applied on January 15, 2016 after its implementing regulations. Thenbased on the background can be formulated its problem is how the implementationof Law no 6 year 2014 about the village ?. This study uses the normative methodthrough applicable legislation.

Otonomi Desa Dalam Pengelola Keuangan Berdasarkan Undang-Undang No 6 Tahun 2014 I Wayan Wisadnya
Jurnal Ilmiah Raad Kertha Vol 2, No 2 (2019)
Publisher : Universitas Mahendradatta

Village is as the lowest form of autonomous government, so that it can implement autonomyproperly, then the administration of its government must have the main factor that is said to beautonomous is the Human Resources factor as the executor, Financial factor, Supporting Infrastructureand Institutional Factors and Institution. Village Government whose existence is directly related to thecommunity and as the spearhead of development, the village government is increasingly required to beprepared both in terms of formulating village policies (in the form of village regulations), planningvillage development that is adapted to the situation conditions and in providing routine services to thecommunity. autonomous people must have the authority and ability to explore financial or revenuesources, manage and use their own finances, in other words there is independence or village autonomyin managing village budget and expenditure expenditure. which is the village's wealth, the compilationof the village's income and expenditure budget, the administration or administration of financial affairsand financial accountability. The problem in this research is whether the Village Law has givenautonomy to village finances, as well as the exercise of authority of the village government in realizingvillage autonomy. This research is a study using Normative Juridical research methods, using legalmaterials, namely the legislative approach and conceptual approach, is a normative analysis showingthat the authority of the village government is based on the principles and legal norms that apply, whilethe conceptual village financial management autonomy.

PERLINDUNGAN HUKUM TERHADAP NASABAH ASURANSI PADA PERJANJIAN ASURANSI KESEHATAN DI PT ASURANSI RELIANCE INDONESIA Putu Sekarwangi Saraswati; I Wayan Wisadnya
Jurnal Ilmiah Raad Kertha Vol 4, No 2 (2021)
Publisher : Universitas Mahendradatta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47532/jirk.v4i2.330

This study aims to determine the legal protection of insurance customers in the health insurance agreement at PT Asuransi Reliance Indonesia and the legal consequences if the insurance company defaults on the health insurance agreement made in the health insurance agreement at PT Asuransi Reliance Indonesia between the company and the insurance customer. Legal protection for insurance customers in the health insurance agreement at PT Asuransi Reliance Indonesia is based on the rights of the insured as stipulated in the insurance agreement to provide compensation to the insured, if the insurance company defaults, the judiciary can provide legal protection in the form of a fair decision for the insured who harmed by the insurance company if proven in court. The legal consequences if the insurance company defaults on the health insurance agreement made, there will be sanctions for non-compliance with registration obligations, providing compensation to insurance customers, the imposition of administrative sanctions is carried out after a written warning is given, given a maximum of 2 (two) times each. for a maximum period of 10 (ten) working days, returning the rights of the insured to the premium that has been deposited, criminal sanctions, based on the provisions of Article 55 of Law Number 24 of 2011, Companies that do not carry out their obligations as referred to in Article 19 of Law Number 24 of 2011 paragraphs 1 and 2, shall be sentenced to a maximum imprisonment of 8 (eight) years or a maximum fine of Rp. 1,000,000,000, - (One Billion Rupiah).

Wewenang Pelaksanaan Diskresi Kepolisian Dalam Upaya Penegakan Hukum (Tinjauan Dari Perspektif Yuridis Normatif) I Wayan Wisadnya
Jurnal Ilmiah Raad Kertha Vol 3, No 2 (2020)
Publisher : Universitas Mahendradatta

Problems regarding Law infoscment (law enforcement), especially in the police discretion, this is not just an option for the police, but is an important and inevitable part of carrying out law enforcement tasks, with the aim of reducing the crime rate, in order to create a safe situation. and orderly in the midst of society and conducive conditions. In the book Black Law Dictionary comes from the Dutch Discretionary language which means Wisdom in terms of deciding an action not based on the provisions of regulations, laws or applicable law, but on the basis of wisdom, consideration or justice. The authority of the National Police in exercising police discretion in law enforcement efforts is carried out by acting in the public interest based on self-assessment and only in very necessary circumstances, with due observance of laws and regulations, such as Law No.2 of 2002 concerning the Indonesian National Police, the Book of Law In addition, the Criminal Procedure Code (KUHAP) and Perkap No.1 / 2009 must also uphold human rights and the Police Professional Code of Ethics. Therefore, problems in the field can be identified, namely: what is the authority of the Police in implementing discretion? and what is the law enforcement effort?, then this study uses the Normative juridical approach, namely an approach based on statutory regulations, as well as legal materials that apply as positive law in Indonesia. So the conclusion is that the authority of the police in implementing police discretion in the effort to enforce the law is carried out by acting alone in the public interest based on self-assessment and only in very urgent situations by taking into account statutory regulations, such as the Police Law, KUHAP and Perkap (Praturan Kapolri No.1 2009), and Upholding Human Rights and the Professional Code of Ethics for the Indonesian National Police.

Akibat Hukum Perbuatan Wanprestasi Dalam Perjanjian Hutang-Piutang I Wayan Bandem; Wayan Wisadnya; Timoteus Mordan
Jurnal Ilmiah Raad Kertha Vol 3, No 1 (2020)
Publisher : Universitas Mahendradatta

Accounts payable is a practice of lending and borrowing generally in the formof money as the object of the loan that is done by someone with another person made inan agreement. The agreement itself has been regulated in the provisions of the Civil Code(Civil Code). In civil law the agreement has been regulated regarding the rights andobligations of the parties making the agreement. The party that gives the loan is calledthe creditor while the party that receives the loan is called the debtor. Creditors areentitled to fulfillment of achievements while debtors must carry out their achievements.However, in reality the legal relationship between creditors and debtors, especiallyregarding agreements, is often problematic so that defaults arise. Default is a negligentevent where a person does not carry out his performance or does not fulfill his obligationsaccordingly, thus causing harm to one party. This research is entitled "Legal Effects ofDefaults in the Debt Agreement (Civil Case Study Case No.638 / Pdt.G / 2017 / PN Dps).This study aims to find out how the legal consequences if defaulting and how judgesconsider in deciding default cases (Civil Case Study Case No.638 / Pdt.G / 2017 / PNDps). This research method uses a normative juridical method that is descriptive innature. Data sources consist of primary data, namely interviews and secondary data,namely primary, secondary and tertiary legal data. Methods of collecting data throughliterature studies and field studies (interviews), then the data is analyzed qualitatively.The results of the study concluded that the legal terms of the agreement were inaccordance with article 1320 of the Civil Code (KUHPerdata), namely the existence ofagreements, skills, objects or certain things, legal causes or causes as well as the article1338 Civil Code (KUHPerdata). Judges 'consideration in terminating the disputesbetween the creditors' debt agreement with the debtor in accordance with case No.638 /Pdt.G / 2017 / PN Dps is correct, namely by looking at the evidence both written evidenceand evidence from the parties. Based on the evidence attached to the trial the judgedecided to grant the plaintiff's claim and stated that the defendant was found guilty or indefault.

OPTIMALISASI PERLINDUNGAN HUKUM INVESTOR INDONESIA DI BURSA BERJANGKA KOMODITI MELALUI TEKNOLOGI BLOCKCHAIN deli Bunga Saravistha; I Wayan Wisadnya
Jurnal Ilmiah Raad Kertha Vol 5, No 2 (2022)
Publisher : Universitas Mahendradatta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47532/jirk.v5i2.688

Perdagangan global telah melahirkan keberadaan pasar global yang bersifat crossborderless. Maka, aktifitas di dalamnya akan sangat sulit dijangkau oleh hukum nasional yang dibatasi oleh wilayah yurisdiksi pemberlakuannya. Melalui teknologi Blockchain, diharapkan lebih mampu mengoptimalisasi perlindungan data bagi investor Indonesia yang melakukan aktifitas perdagangan di Pasar Global. Apalagi teknologi ini bukan merupakan hal baru diantara negara-negara pelaku perdagangan dunia, khususnya di Bursa Berjangka yang merupakan salah satu bentuk Pasar Global yang ada. Melihat pada sulitnya pembuktian dalam kasus-kasus di Bursa Berjangka dan pemblokiran situs Pialang yang dirasa kurang memberikan perlindungan hukum bagi investor Indonesia yang telah terlanjut melakukan deposit dana, maka diharapkan pengembangan teknologi Blockchain akan menjadi solusi bagi situasi ini. Hal tersebut sangat menarik untuk diteliti dan dianalisis lebih lanjut melalui rumusan permasalahan yaitu Bagaimana teknologi blockchain dikatakan mampu memberikan perlindungan hukum yg lebih optimal bagi investor di bursa berjangka komoditi atau bagi pihak manapun sekaligus pemerintah? Dan Bagaimana rancangan penerapan teknologi blockchain ke dalam regulasi Indonesia? Penelitian ini akan dilakukan dengan menggunakan metode penelitian normatif, dengan pendekatan pendekatan perundangundangan, pendekatan konseptual, dan pendekatan kasus

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