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All Journal KERTHA WICAKSANA Law Doctoral Community Service Journal
I Made Dwija Suastana
Universitas Hindu Indonesia Denpasar
Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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Synchronization between Indonesia and Balinese Village Law (A Community Social Service at Peninjoan Village, Tembuku Districts, Bangli Regency, Bali) I Putu Sastra Wibawa; Ida Bagus Alit Yoga Maheswara; I Made Dwija Suastana; Made Gede Artadana; Komang Indra Apsaridewi
Law Doctoral Community Service Journal Vol. 1 No. 2 (2022): Law Doctoral Community Service Journal
Publisher : Fakultas Hukum, Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (216.216 KB) | DOI: 10.55637/ldcsj.1.2.5680.115-123

Abstract

In the legal system of the unitary state of the Republic of Indonesia, there is a hierarchy of laws and regulations that must be obeyed by all citizens. Since Indonesia’s independence in 1945, efforts have been made to promulgate various legal regulations down to the lowest level, namely in the villages. It must be admitted, these efforts are still being carried out by the government to this day. Scholars through their tri dharma program, namely community social service, also participate in assisting the government in providing enlightenment in the field of legislation to rural communities. Traditional village governance and traditional villages have existed long before Indonesia’s independence. For this reason, continuous efforts are needed to synchronize the various existing regulatory instruments in order to create harmony in law and government in Indonesia. This is an imperative action taken by the scholars in order to strengthen the participation of the communities in the law enforcements administratevily to achieve the goal of practical sustainable law enforcement. The approach method used in this research is the statute approach, the comparative approach, and the analytical and concept approach. The aims of this research is to synchronize national regulations with regulations at the village level, especially in Peninjoan Village.
Supremasi Hukum Dalam Kepemimpinan Berbasis Hindu I Made Dwija Suastana
KERTHA WICAKSANA Vol. 16 No. 2 (2022)
Publisher : Fakultas Hukum, Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/kw.16.2.2022.80-90

Abstract

Leadership can be defined as the ability to coordinate and mobilize people or groups of people to achieve desired goals. Leadership is an activity to influence the behavior of others or the art of influencing human behavior, both individuals and groups. Discussions about leaders and leadership in general explain how to become a good leader, styles and traits that are in accordance with leadership and the requirements that an ideal leader needs to have. To measure the compliance of leaders or technocrats to the law, it can be seen from the real actions that have been taken. Especially those related to the substance of the law or legal products, both written and unwritten, as well as decisions from the judiciary. Comparative references can be obtained from written sources in the form of sacred literature, lontars about Hindu-based law and leadership and local wisdom, especially in Bali. The implementation of leadership that refers to Hindu law and literature has been carried out by Hindu technocrats who are involved in various sectors of life. Comparison of the experiences of these technocrats has an important role in enriching and renewing perspectives and leadership strategies that complement each other. It is hoped that a new paradigm can be formed that remains guided by positive law, Hindu literary sources and Balinese local wisdom.
Konstruksi Hukum Dalam Rangka Penguatan LPD Sebagai Lembaga Keuangan Milik Desa Adat di Provinsi Bali Ida Bagus Alit Yogamaheswara; I Made Dwija Suastana; Ni Luh Made Elida Rani; Agung Rio Swandisara; Kadek Virra Melyana Dewi
KERTHA WICAKSANA Vol. 17 No. 1 (2023)
Publisher : Fakultas Hukum, Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/kw.17.1.2023.50-58

Abstract

LPD as an institution that has the authority to collect public funds for the welfare of traditional villages has many problems today. The root of the problem can be seen from: 1). The void of norms that explains LPD as a legal entity within the framework of legal norms but has operated like other financial institutions; 2). The lack of clarity in the supervision of the LPD has resulted in many problems and even cases of corruption. This void of legal norms creates doubts from the perspective of criminal law with customary law because the LPD is predicted to be an institution belonging to the traditional village but the traditional village does not have adequate tools to solve the problems that exist within the LPD, privately or publicly. Meanwhile, from a criminal law perspective, the Prosecutors and Police consider that the misappropriation of funds by the LPD is a criminal act of corruption and both cannot provide a solution to the problems desired by the community. This paper was written with the aim of providing a new understanding in legal standing of the LPD using the legal construction reasoning method in order to strengthen the status of the LPD as an institution under the customary village using the main legal sources where the expected result is that armed with an understanding of the legal construction, it can be used as a reference for traditional practitioners and law enforcers will be able to formulate good problem solving and fulfill a sense of justice in society. The method used for this research is normative legal research with primary, secondary and tertiary legal materials where what is being researched is to answer the void of norms in the LPD’s position as legal subjects where with clear LPD legal standing there will be a legal discovery to make it easier for the government to formulate regulations.from the authority, supervision and law that is applied in the event of a legal problem.
Co-Authors Agung Rio Swandisara I Putu Sastra Wibawa Ida Bagus Alit Yoga Maheswara Kadek Virra Melyana Dewi Komang Indra Apsaridewi Made Gede Artadana Ni Luh Made Elida Rani