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Jurnal Ilmiah Raad Kertha

raadkertha
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Published by Universitas Mahendradatta

ISSN : 26206595 EISSN : 27235564 DOI : https://doi.org/10.47532/jirk.v3i2

Core Subject : Social,

Social Sciences

Jurnal Ilmiah Raad Kertha is a peer-review scholarly Law Journal issued by Faculty of Law Universitas Mahendradatta which is purported to be an instrument in disseminating ideas or thoughts generated through academic activities in the development of legal science (jurisprudence). Jurnal Ilmiah Raad Kertha accepts submissions of scholarly articles to be published that cover original academic thoughts in Legal Dogmatics, Legal Theory, Legal Philosophy and Comparative Law.

Arjuna Subject : Ilmu Sosial - Hukum

Articles 96 Documents

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Pengaturan Dan Kriteria Penertiban Tanah Terlantar Di Indonesia Gusti Ayu Kade Komalasari
Jurnal Ilmiah Raad Kertha Vol 2, No 2 (2019)
Publisher : Universitas Mahendradatta

Neglect of land in rural and urban areas, in addition to being unwise, uneconomic, andunjust, is also a violation of the obligations that must be carried out by right-holders or parties whohave obtained land tenure. Juridical efforts by the government to curb neglected land, in the sense thatit has not been utilized in accordance with the nature and purpose of granting its rights, the Governmentissued Government Regulation No. 11 of 2010 concerning Control and Utilization of Abandoned Landenacted on January 22, 2010. The issue in this journal is 1) What are the arrangements and criteria forregulating abandoned land in Indonesia? 2) What are the inhibiting factors in controlling neglectedland in Indonesia and how to resolve them? The inhibiting factors for the demolition of neglected landare 1) Internal factors, namely the unclear working unit in charge and responsible for theimplementation of control and utilization of neglected land, the limited number of implementing staffand unclear funding for the implementation of these activities. 2) External include: 1) Juridical aspects,among others, the absence of legal provisions and legislation relating to the identification andassessment of neglected in various Central and Regional Government technical agencies and followupefforts with regulations for implementing control and utilization of negatively coordinated land. 2)Sociological aspects, including efforts to confirm the presence of abandoned land through theidentification and evaluation of the field in a coordinated manner involving the relevant agencies, theRegional Government and the local community. 3) Economic aspects, including the coordinated use ofabandoned land for those who need business development facilities in the form of technical assistance,business cooperation and financing.

Pengaturan Kepemilikan Satuan Rumah Susun Bagi Warga Negara Asing Menurut Peraturan Menteri Agraria Dan Tata Ruang/ Kepala Badan Pertanahan Nasional RI Nomor 29 Tahun 2016 Siti Nurmawan Damanik; Gusti Ayu Kade Komalasari
Jurnal Ilmiah Raad Kertha Vol 3, No 1 (2020)
Publisher : Universitas Mahendradatta

The need for homes for individuals, both for a residence and for a place ofbusiness, is the most felt need to be fulfilled. This need is not only for Indonesian Citizens(WNI) but also for the needs of Foreign Citizens (WNA) who are located or working oropening their business activities in IndonesiaIssues discussed are: legal arrangements regarding ownership of apartment units forforeign nationals in Indonesia and legal certainty for foreign nationals in possessingapartment units in Indonesia. Arrangements for foreigners to have flats in Indonesia, theGovernment issued Government Regulation Number 103 of 2015 concerning ForeignOwnership of Residential Houses or Resettlement in Indonesia and the implementingregulations, namely Regulation of the Minister of Agrarian Affairs and Spatial Planning/ Head of National Land Agency Number 13 of 2016. However, ATR Minister Regulation No. 13 of 2016 is considered to be less than optimal, so the Minister of Agrarian replacesthe Ministerial Regulation with Regulation of the Minister of Agrarian Number 29 of 2016which regulates the same thing. With the issuance of a Certificate of Property Rights inthe Flats, a legal certainty is guaranteed, which is one of the objectives of the constructionof flats. As a suggestion, it is necessary to make specific arrangements regardingownership of apartment units by foreigners, as far as providing benefits to the State andnation of Indonesia, bearing in mind that these regulations are still regulated in severalregulations, but there is no specific regulation concerning ownership of apartment unitsfor these foreign nationals. Indonesian citizens are more prudent in carrying out legalactions involving foreign citizens so as not to pose risks in the future.

Efektivitas Pengelolaan Dana Retribusi Parkir Sebagai Sumber Pendapatan Asli Daerah Di Kota Denpasar I Komang Raiana
Jurnal Ilmiah Raad Kertha Vol 1, No 2 (2018)
Publisher : Universitas Mahendradatta

Research with the theme of parking fee retribution management aims to find out (1) How Role of Parking Levy Fund In Supporting Local Original Income in Denpasar City, (2) What Factors Affect The Effectiveness Of The Management Of Parking Levy Funds As Revenue Source Of The Region In Town Denpasar. This type of research is descriptive. Data were collected by documentation method and interview. Data analysis uses effectiveness techniques and effectiveness ratio ratios. The result of the research shows that (1) Management of Retribution Fund of parking as a source of income of Denpasar Municipality has not been utilized maximally in the provision of parking facilities and improvement of fair parking services; (2) obstacles experienced in receipt of parking fees at Denpasar Municipal Parking Company a) Parking management supervision system that has not been optimal, b) there are still many parking officers who have not yet officially.

Perlindungan Hukum Terhadap Hak-Hak Karyawan Tetap Dalam Hal Terjadi Pemutusan Hubungan Kerja (PHK) Menurut Undang-Undang Nomor 13 Tahun 2003 I Nyoman Suandika
Jurnal Ilmiah Raad Kertha Vol 2, No 1 (2019)
Publisher : Universitas Mahendradatta

In a work relationship such as other legal relationships it does not always run smoothly,because the wishes of one party (generally workers) cannot always be fulfilled by otherparties (employers), so that this will cause problems in work relationships such astermination of employment (layoffs) ) the formulation of the problem in this study are: 1.What factors cause the termination of employment (FLE) to permanent employees. 2.What is the legal effect if there is a termination of employment (FLE) against permanentemployees according to Law Number 13 of 2003. This study uses a type of normativeresearch, namely research by examining library material or secondary data. Factors thatcaused employers to lay off workers / laborers according to Law No. 13 of 2003 are: a)violations of work agreements, company regulations, and collective labor agreements. b) Violations or serious mistakes. c) Employees are detained by the authorities. d) Due tochanges in company status. e) because the company is closed. e) Because workers arecaught in a criminal case. f) Because the company is closed. g) bankrupt company. h)Workers are absent from their jobs. The legal consequences of termination of employmentwith workers / laborers according to Law No.13 / 2003 in Article 156 paragraph (1) areto give obligations to employers to provide; a) Severance pay, b. Working period awardmoney (service fees). C. Reimbursement of rights. D. Separate money.

Penyelesaian Perselisihan Hubungan Industrial Menurut Undang-Undang Ketenagakerjaan I Ketut Simpen; Herry Indiyah Wismani
Jurnal Ilmiah Raad Kertha Vol 2, No 2 (2019)
Publisher : Universitas Mahendradatta

Disputes or disputes are always possible in every human relationship including disputes inwork relations. Industrial relations disputes usually occur between workers / employers and employersor between workers 'organizations / labor organizations and company organizations / employers'organizations. Industrial relations disputes can be divided into two, namely: a) Industrial relationsdisputes according to their nature, which consist of: Collective industrial relations disputes, andindividual industrial relations disputes b) Industrial Relations Disputes according to their type, whichconsist of Rights Disputes and Interest Disputes. This research is a normative legal research that is astudy that mainly analyzes the provisions of positive law and the principles of law, by carrying outsystematic explanations. The problems studied are how is the Industrial Relations Dispute ResolutionMechanism according to the Labor Law. The industrial relations dispute resolution mechanism iscarried out in two ways, namely through a non-litigation path that is carried out by bipartid (eachdisputing party) and tripartid (mediation, negotiation, and consolidation) and through litigationchannels (court lines namely Industrial Relations Control.

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.

Eksistensi Masyarakat Adat Bali Dalam Era Globalisasi (Suatu Kajian Filosofis, Yuridis dan Sosiologis) A. A. Sagung Poetri Paraniti
Jurnal Ilmiah Raad Kertha Vol 1, No 1 (2018)
Publisher : Universitas Mahendradatta

The establishment of the Government of the Republic of Indonesia in1945, there has not been explicitly or specifically issued a law regulating indigenouspeoples or indigenous and tribal peoples. In general, the nation in Article 18 BParagraph (2) of the 1945 Constitution, states that the State recognizes and respectsthe community unity, customary law along with its traditional rights as long as it isalive and in accordance with the development of society and the principle of NKRIas set forth in Undang- invite. Seen from sociology that the indigenous peoples ofBali are not static but dynamic, because of the development of the era, civilization,human resources and mingle with various tribes, religion, race and class. Againstthe customs, religions and cultures of Bali in such a harmonious way that a wholeunity of relationships must be preserved, protected and conserved with greatjurisdiction and sociology. The position of indigenous peoples in Bali remainsstrong even though the development of the era has been so rapid, even the positionof Desa Pakraman institution defeated the position of Desa Dinas, because for the Balinese people where custom, culture, religion are united in one very tightlybonded nafat.

Tinjauan Yuridis Terhadap Perceraian Bagi Pegawai Negeri Sipil I Made Gede Adi Palguna
Jurnal Ilmiah Raad Kertha Vol 2, No 2 (2019)
Publisher : Universitas Mahendradatta

Marriage is a bond the inner and outer man and woman as husband and wife with the aim offorming a family or household that is happy and eternal based on one supreme divinity. Divorce is theelemination of the marriage with the decision of the judge or the demands of one of the parties to themarriage.Civil servants who will do the divorce or certificate in advance of the official. Issues raisedin this research is how the procedure to be followed for civil servants to obtain a permit divorce andhow the legal consequences arising from divorce for civil servants. This study is the legal normative,conceptual approach and approach the laws. Legal materials used are the primary legal material andsecondary legal materials. Collection of legal material is done by quoting, summarizing and providesreviews and documentation of primary legal materials. Analysis of legal material used are collectinglegal material which is then analyzed systematically. Procedure to be followed in obtaining permitsdivorce for civil servants is a must have permission from his superiors to those in change of civilservants. Environment, respectively the first to be attempted reconciliation between the husband andwife, if not succesful, then the officer tok the decision at the request of the divorce license with considerthe reason the reason. Legal consequences arising from divorce to civil servants is due to the law of thehusband and wife are legal consequences for children are sharing custody of children as a result ofmarital property, namely the division of joint property or possessions together.

Karakter Final Putusan Mahkamah Konstitusi Dalam Melaksanakan Kewenangan Sesuai Pasal 24C Ayat (1) Undang-Undang Dasar Negara Republik Indonesia Tahun 1945 Zuhro Nuridahwati
Jurnal Ilmiah Raad Kertha Vol 3, No 1 (2020)
Publisher : Universitas Mahendradatta

The Constitutional Court is within the scope of the Judicial Power and occupiesa strategic position in the Indonesian constitutional structure. MK as one of the stateinstitutions that was born from the reformation in 1998. MK as a judicial institution hasa very important and strategic task, said to be the sole interpreter of the Republic ofIndonesia's state constitution. Article 24C paragraph (1), of the 1945 Constitution of theRepublic of Indonesia, the Constitutional Court has the authority to adjudicate at the firstand last level the final decision to review the law against the Constitution, to decide ondisputes over the authority of state institutions whose authority is granted by theConstitution, to decide upon the dissolution of parties politics, and decide upon disputesabout the results of general elections. The results of the study and analysis, the provisionsof the 1945 Constitution of the Republic of Indonesia and Law Number 24 Year 2003,found legal issues that become legal problems faced by the Constitutional Court, arerelated to their position, competence, and form of decisions, which often makes legalcertainty uncertain or absurd, and conflicts norm, it is very interesting to be studied as acentral theme of the dissertation. Understanding the Position, indicating the position anddegree of the Constitutional Court between state institutions and between the SupremeCourt and the Constitutional Court, while competency shows the competency boundarybetween the Constitutional Court and the Supreme Court, which has attributie authority,first and foremost authority, born from the format of the government system and thedistribution of state power . Attributie authority as the first and main center forresponsibility and at the same time the basis of delegating authority in the form of delegatie.

Implementasi Etika Administrasi Negara Sebagai Upaya Untuk Mencegah Korupsi Ni Made Sumerti Asih
Jurnal Ilmiah Raad Kertha Vol 1, No 2 (2018)
Publisher : Universitas Mahendradatta

State apparatus in realizing good governance is required to have more ethical obligation in relation to behavior compared with private person. Each State officer must have behavior which has superior character, nobility and various ethical principles which are based on moral virtue that is justice . The State Apparatus must genuinely understand and implement as much ethical values as possible in exercising his power and authority and in his official acts as a servant of society, nation and State. Corruption is an immoral act involving misuse of office, misappropriation of power in office, placement of persons or classes within the official office of power. It is a violation of societal norms, ethical norms and legal norms.Implementation of State Administration Ethics as an effort to prevent corruption is done by instituting ethical values in the Code of Ethics as well as legislation to be obeyed and implemented as a work ethic for State administrators. The Ethics of State Administration has been set forth, among others: in the Code of Conduct of the Corps of the Republic of Indonesia, Overseas Pledge Pledge, Civil Service Personnel Act No. 43 of 1999 and Government Regulation No. 53 of 2010. The Administration of the State is a Preventive Effort to Prevent Corruption

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Contact Name
I Nyoman Suandika, SH.,MH

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pakden278@gmail.com

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+6287753915495

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raadkertha@universitasmahendradatta.ac.id

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Jalan Ken Arok No.10-12, Peguyangan, Denpasar-Bali

Location
Kota denpasar,

Bali

INDONESIA

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Home Page

OAI Link

Editorial Team

Contact

Reviewer

Google Scholar

Contact Name I Nyoman Suandika, SH.,MH

Contact Email pakden278@gmail.com

Phone +6287753915495

Journal Mail Official raadkertha@universitasmahendradatta.ac.id

Editorial Address Jalan Ken Arok No.10-12, Peguyangan, Denpasar-Bali

Location Kota denpasar, Bali INDONESIA

Abstract

Abstract

Abstract

Abstract

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Abstract

Abstract

Abstract

Abstract

Abstract

Contact Name
I Nyoman Suandika, SH.,MH

Contact Email
pakden278@gmail.com

Phone
+6287753915495

Journal Mail Official
raadkertha@universitasmahendradatta.ac.id

Editorial Address
Jalan Ken Arok No.10-12, Peguyangan, Denpasar-Bali

Location
Kota denpasar,

Bali

INDONESIA