Garuda - Garba Rujukan Digital

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.

Peran Penting Tokoh Masyarakat Dalam Pemberantasan Korupsi Kadek Dedy Suryana
Jurnal Ilmiah Raad Kertha Vol 2, No 2 (2019)
Publisher : Universitas Mahendradatta

The rise of corruption cases revealed lately shows that corruption crime in Indonesia is verymuch a scourge and the heavy duty of the government to eradicate it one by one. Initially corruptionwas still carried out in the form of petty bribes, but now corruption is carried out in the category ofbillions from all aspects, even the last case was revealed to the detention center. It is a tragicphenomenon because our nation is known to have a high cultural morality and a very religiouscommunity. Efforts to eradicate corruption cannot be cut off by what is seen. But must be with broadand deep social movements, leading to social and cultural change. The social movement to eradicatecorruption is a revival of society to jointly correct conditions and bring a better life. The ultimate goalis not only to change the attitudes and behavior of individuals within the community itself, but also tobring about a new social order that is free of corruption. The problem in this journal is how the role ofcommunity leaders becomes very important in the process of eradicating corruption in Indonesia. thecommunity and the encouragement of the community to be aware of corruption must be truly enhanced,including cooperation from the KPK by always providing counseling with community leaders, becausebecause these community leaders are the important spearhead for moving a corruption-awarecommunity system. As a suggestion, the KPK cooperates with community and adat leaders in theformation of rules in the community, for example awig-awig in the Balinese indigenous community.With the awig-awig regulating corruption, it will act as a foundation in the enforcement of anticorruptionitself, which was started at the level of indigenous groups.

Implikasi Penunjukan Desa Adat Sebagai Subyek Hak Atas Tanah Terhadap Eksistensi Tanah Adat (Study Pada Desa Pejeng Kelod Kabupaten Gianyar) I Wayan Wiasta; I Wayan Eka Arta Jaya; Luh Gede Lilis Widyasanthi
Jurnal Ilmiah Raad Kertha Vol 3, No 2 (2020)
Publisher : Universitas Mahendradatta

The customary land in Bali is known as the Druwe Desa land which is under the authority of the adat village. Traditional village is a term used to refer to religious social institutions that oversee the unity of indigenous and tribal peoples that exist in every village in Bali. Customary villages have the right to autonomy from traditional law to regulate their own households, known as awig-awig. With the promulgation of Bali Provincial Regulation Number 4 of 2019 concerning Customary Villages in Bali further strengthens the existence, functions and duties of traditional villages. So that customary villages are recognized as legal subjects to ownership of land rights. So that customary land in Bali can be registered as communal property rights based on the Decree of the Minister of Agrarian Affairs and Spatial Planning / Head of the National Land Agency Number 276/KEP-19.2/X/ 2017 through Complete Systematic Land Registration in order to guarantee legal certainty. But in fact, there is a concern about the transfer of rights so that it affects the existence of customary land. The specific purpose of this study is to analyze the implications and strategies in maintaining the existence of customary land in the village of Pejeng Kelod. The strategy of maintaining the existence of customary land itself is strengthened by awig-awig and forming a good governance system

Pemberantasan Pungutan Liar Herry Indiyah Wismani
Jurnal Ilmiah Raad Kertha Vol 1, No 1 (2018)
Publisher : Universitas Mahendradatta

Illegal charges are unofficial charges and have no legal basis, thereforethey are called illegal fees. In illegal levies, the criminal offenses that have beenimposed have no clear rules. In the absence of clear rules on illegal levies, this willlead to the problem of criminal law itself, especially regarding the issue of criminalliability. Illegal charges of most cases that occur there is an element of abuse ofauthority.In the implementation of the eradication of illegal levies, elements against the laware necessary to determine a person has committed a crime. The governmentestablished Presidential Regulation Number 87 of 2016 on the Task Force of CleanSweep of Illegal Levies to combat illegal levies. But the reality in the practice ofillegal levies is still happening. These illegal charges are just a term in everyday lifeand should be equated with a criminal act of extortion, fraud and corruption. Thecriminal act of illegal levies is felt very disturbing society, because the impact isdirectly felt by the community.The purpose of this study is to provide an explanation of what types of illegal feesare and what the underlying laws of illegal levies are and how to combat illegal feesand by using whatever approaches are used.In this study used literature research and field research. Library research wasconducted to obtain theoretical data, while field research was conducted to obtainprimary data through interviews with informants and respondents. The result of theresearch indicates that the factors causing illegal charges are economic factorswhose purpose is to increase income and the opportunity to conduct illegal leviesdue to weak supervision system, low legal awareness as well as poor stateadministration discipline and abuse of authority.

Pengembangan Usaha Terhadap Perempuan Bali Pasca Perceraian Dari Perkawinan Campuran Bermuatan Gender Dalam Hukum Ni Ketut Sari Adnyani
Jurnal Ilmiah Raad Kertha Vol 2, No 1 (2019)
Publisher : Universitas Mahendradatta

This study aims to examine the opportunities for Balinese women in the field ofbusiness development after divorce from mixed marriages, prioritizing the principle ofgender responsiveness into awig-awig, the application of the burden of tolerance to102menyama braya, the status of krama istri, and carrying out the obligation to dance at thetemple. Tri Kahyangan is the goal of the gender content in the law of the business beingdeveloped. The research method in this study is sociological jurisprudence, and the typeof research is analytic study of legal materials that adopt women's rights in the businessworld. The binding legal material refers to the Republic of Indonesia State ConstitutionArticle 18 B paragraph (2) and the Traditional Village Awigers which refer to the DecreeNumber 01 / KEP / PSM-3/ MDP / Bali / X / 2010 by the Main Assembly of the PakramanVillage ( MUDP) Bali concerning the division of inheritance of Balinese women withstatus (pradana) has the right to inherit even though they have married and followed herhusband, inheritance in the form of assets can be the main capital for businessdevelopment in the context of business law. The determination of the research subject wascarried out by stratified random sampling. Legal material analysis techniques aredescriptive. The results of the study: Balinese women were given the opportunity to beaccepted as wife's manners based on the pre-marital agreement of the bride, bride'sfamily, and traditional village which contained the provision that in the future if anincident of custom divorce is ready to accept and provide opportunities to carry outroutines such as the wives of their wives in general. The implication of the gender contentin the law is that the consensus reference from the results of the women's traditionalvillage meeting that is the status of widows from mixed marriages is given the opportunityto open business opportunities in the local village area, and is entitled to inheritancegrants in accordance with the provisions adopted by MUDP Bali after obtaining anagreement with the family big through family consultation with the traditional village(dharma pula).

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.

Pengaturan Investasi Dalam Pengembangan Perdagangan Jasa Pariwisata Usia Lanjut Ida Bagus Bayu Brahmantya
Jurnal Ilmiah Raad Kertha Vol 1, No 2 (2018)
Publisher : Universitas Mahendradatta

Age rating is diverse, retirement market or seniors market is important because of the large group market and its potential to growth. Retirement travelers is stable in terms of financial reserves, so they tend to be free of economic pressures. UU No. 10 of 2009 does not regulate tourism as a form of trade in services, because not all activities related to tourism is tourism. Only a sightseeing trip with all aspects of the supply of certain services in it. Certain services in question are transport services, accommodation, catering services, information services, services of travel documents, schedule maintenance services and travel destinations, financial services, services, attractions, and other specific services are an aspect of tourism. The supply of tourism services for elderly travelers is already there and walked in Indonesia. However, processes and systems that are used at this time has not been able to maximize the utilization of tourist markets such great longevity. Tourism policies imposed against the retirement is still general and relies on tourism policy that applies to the travel, hospitality, catering services, and so forth, so that less attention to the special nature and special needs of the elderly tourism.Based on these descriptions, it is relevant to do with the problems of the scientific studies how trade investment arrangements retirement tourism services that are applicable today? and how construction investment arrangements in the development of trade in tourism for the retirement in accordance with the characteristics of the retirement rating? The problems that arise can be seen that this research is a type of normative legal research using the approach of legislation and approach to the concept.

Paradigma Hakim Atas Perlindungan Hukum Anak Luar Kawin Kajian Putusan Mahkamah Konstitusi Nomor 46/PUU-VII/2010 Erikson Sihotang
Jurnal Ilmiah Raad Kertha Vol 2, No 1 (2019)
Publisher : Universitas Mahendradatta

Article 28b paragraph (2) of the 1945 Constitution provides that "every child has theright to live, grow and develop and has the right to protection from violence anddiscrimination.” Child is the mandate at the same gift of Almighty God, which always shouldwe watch for in her inherent dignity, dignity, and rights as a human being which must beupheld. This paper analyzes the Constitution Court Decision No.46/PUU-VII/2010. Thedecision to make a breakthrough law for children born non-marital child. According toIndonesian civil law that non-marital child only have a legal relationship with his/herbiological mother, and according to the law number 1 of 1974 on Marriage that childrenborn non-marital child have a legal relationship with his/her biological mother dan his/her mother family. problem of this research, how are judge’s law paradigm in Decision No.46/PUU/VII/201. This research is the normative research, using the statutory approach, caseapproach and conceptual approaches. The main data is secondary data. Based on the resultsof the research thatThe judge’s paradigm in the constitutional court ruling is in contrast tothe Indonesian Civil Law and the law number 1 of 1974 on marriage. And according to theverdict non-marital child also has legal relationship with his/her biological father.

Tolak Ukur Pembebasan Pajak Bagi Lembaga Perkreditan Desa (LPD) Di Wilayah Provinsi Bali I Wayan Bandem; I Nyoman Suandika
Jurnal Ilmiah Raad Kertha Vol 2, No 2 (2019)
Publisher : Universitas Mahendradatta

As Article 1 paragraph (3) of the State Constitution of the Republic of Indonesia is the stateof Indonesia is a state of law. Understanding the rule of law is simply a country whose administrationof power is based on law. and Article 1 paragraph (1) of the 1945 Constitution that the Indonesian stateis a Republican unitary state with a government structure that is the Government, Provincial RegionalGovernment, Regency / City Regional Government and the lowest government is the VillageGovernment which has their respective leaders based on legislation applicable legislation. Inconnection with the establishment of the LPD in article 33 of the 1945 Constitution and in Article 18Bparagraph (2) of the 1945 Constitution of the Republic of Indonesia which reads "that the staterecognizes and respects customary law units and their traditional rights insofar as it is still alive andin accordance with the development of society and the principle of the unitary State of the Republic ofIndonesia, which is regulated in law. So the provincial government of Bali based on the Rural CreditSeminar dated February 21, 1984 in Semarang The Governor of Bali initiated the establishment ofVillage Heritage Institutions (LPD) in the province of Bali in the role of national development with theaim of: 1) Encouraging economic development in rural communities through targeted savings andeffective capital distribution; 2) Eradicating the practice of bondage, illegal pawns, and others in thecountryside; 3) Creating business opportunities for villagers and rural workers, and; 4) Increasingpurchasing power and facilitating traffic payments and circulation So that the authors are interested inexamining the Tax Exemption Benchmark for LPDs in Bali Province with the research method used isjuridical-normative research. Taking into account that the starting point of research on legislation andthe fact that it began from the founding of the LPD in 1984 until now has not been taxed. In the courseof its operation the LPD in Bali by the three Ministers in 2009 issued a Joint Decree of the Minister ofFinance, Minister of Home Affairs, Minister of State for Koprasi and Small and Medium Enterprisesand Governor of Bank Indonesia Number.351.1 / KMK.010 / 2009, Number 900-639A in 2009, Number01 / SKB / M.KUKM / IX / 2009, Number 11 / 43A / KRP.GBI / 2009 concerning the DevelopmentStrategy of Microfinance Institutions. Affirmed through a letter from the Minister of Home AffairsNumber 412.2 / 3883 / SJ dated November 4, 2009 to the managers of institutions microfinance thatdoes not yet have a clear institutional status based on the prevailing laws and regulations. So that theGovernor of Bali Made Mangku Pastika on behalf of the provincial government of Bali submits a Letterof Governor of Bali Number 900/8999 / PLP. Ekbang dated 15 December 2009 to Minister of InternalAffairs The Republic of Indonesia prihal; The Strategy for the Development of MicrofinanceInstitutions. Thus, with the issuance of Law Number 1 of 2013 concerning Microfinance Institutions(MFIs), it was stated that the Village Credit Institutions and Pitih Negari Granaries and institutionsthat existed before the Laws were in effect were declared to be based on adat and not subject to thisLaw. The real benefits of the existence of LPD can be proven by the distribution of net profits each yearas profit retribution by dividing the following: 60% for fertilizing LPD business capital, 10%production services for labor, contributions to Indigenous Villages 20% for development funds inPakraman Village, as well as 5% for social funds, and 5% for empowerment funds deposited by theLPD at the agency / agency that is given the authority to regulate and manage them based on the Perdaand Decree of the Governor of Bali.

Praktik Penadahan Hasil Pencurian Sepeda Motor Di Kabupaten Bima Hajairin Hajairin
Jurnal Ilmiah Raad Kertha Vol 3, No 2 (2020)
Publisher : Universitas Mahendradatta

The practice of deterrence of the results of motorcycle theft in Bima Regency, actually there are different criminal acts, namely criminal detention and theft, in the criminal offense is regulated in Article 480 of the Criminal Code (KUHP) while criminal acts of theft are set in Article 362 of the Criminal Code (KUHP), besides that many people use stolen motorbikes also make it easy for anyone to steal motorbikes, because thieves have no difficulty in selling their stolen products, whereas deterrence of the results of motorcycle theft is a crime committed by a third party as a host, with the intention of benefiting from the results of motorcycle theft committed by another person. The crime of motorcycle theft in the Regency of Bima, appears as a new social problem, collectors not only collect , deviating the results of motorcycle theft in the local area in the district of Bima only, but also can receive motorbike theft and embezzlement of motorbikes in other areas such as the island of Lombok, Java and Jakarta etc. This dynamic explains the existence of structural crimes in motorcycle theft in Bima Regency, the structural can be deterrence in Bima Regency in collaboration with collectors outside Bima Regency to facilitate the deviation of the results of the motorcycle theft

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

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

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

Abstract

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