bluuebunny/crossref_metadata_2025 huggingface dataset:
Sanksi Pidana terhadap Pengasuh Tempat Penitipan Anak terhadap Kematian Anak yang Diasuh
Authors: Paramartha Gede Made Agus , Sukadana I Ketut , Widyantara I Made Minggu
Published: November 2020

Children are one of the gifts entrusted by God Almighty to every parent. They have the obligation to supervise and maintain the development of each child. Children should also be cared for properly by their parents, but it is not uncommon for children to be cared for by others through child care services. When a child is under supervision at a child care service, there is negligence by the caregiver which causes the death of the child. Based on this background, this study aimed to describe how the legal protection for children who are left in a child care center and what are the criminal sanctions for the caregivers of child care center toward child deaths. This research was conducted using the normative legal method. The results of this study showed that children who are left in a child care center get legal protection to prevent children from getting acts that threaten the child's psyche. Legal protection is specifically regulated in Law Number 35 of 2014 concerning child protection. In addition, the criminal sanction for caregivers of child care toward the death of a child refers to article 359 of the Criminal Code with the risk of a sentence of 5 years in prison.
Fungsi Partai Politik dalam Pendidikan Politik Masyarakat
Authors: Kusuma I Gede Wijaya , Widiati Ida Ayu Putu , Suryani Luh Putu
Published: November 2020

One of the functions of political parties in legislation is as a means of political education and socialization. Political parties are obliged to disseminate their political discourse to the public. However, in its implementation in the field, there are still political parties that have not maximized their function in providing political education to the public. This study discusses (1) What is the function of political parties in providing public political education and its influence on public participation in general elections? (2) What are the implications of political parties that do not implement public political education? This research was conducted by using normative legal research methods, primary and secondary sources of legal materials, methods of collecting legal materials using statute records and others, and analyzing legal materials using descriptive analysis methods. The results of this study indicate that according to Law No.2 of 2011, one of the functions of political parties is to provide political education as a means of education for the wider community to become Indonesian citizens who are aware of their rights and obligations in public. The importance of political education carried out by political parties to the maximum and in its actual essence will be able to have a very good impact on society, which means that people are able to become people who are aware of their obligations in giving choices to political parties or candidates who are true and sincere in terms of welfare. people. The implication of political parties that do not carry out public political education is to cause a decrease in public participation in general elections and this will also lead to apparently unhealthy political conditions and allow high abstention due to low levels of public participation.
Penerapan Sanksi Adat Kasepekang di Desa Adat Tanjung Benoa Kecamatan Kuta Selatan Kabupaten Badung
Authors: Duarsa I Gede Yoga Paramartha , Sugiartha I Nyoman Gede , Sudibya Diah Gayatri
Published: November 2020

The customs and habits of the Hindu community in Bali are basically fostered, maintained, and led by an institution called Desa Adat, which is a village with a different position and function from the official village (government administrative village). There are regulations in the Balinese Traditional Village that must not be violated. If a violation is found, it will be given one of the sanctions, namely Kasepekang. Kasepekang is a Balinese customary sanction, where the recipient of the sanction will be excommunicated, exiled or terminated from activities in the village (Madesa). This is because the perpetrator has repeatedly violated the rules of the traditional village (outrageous), so that this sanction is deemed appropriate. If a person or group of village members is deemed to have violated legal norms, it is called “awig-awig” in the Balinese traditional language. This study aims to determine the application of customary sanctions as well as obstacles in the application of customary sanctions in the Tanjung Benoa Traditional Village, South Kuta District, Badung Regency. This research method uses an empirical method that is guided by data collection techniques by direct interviews with those who are competent using the receptio theory, the theory of receptio in complexu in the concept of a rule of law to examine the current phenomenon in the orderliness of the life of the Tanjung Benoa Traditional Village community which is based on regulations. Bali Region Number 4 of 2019 concerning Traditional Village. The results showed that the implementation of the Kasepekang customary sanctions in the Tanjung Benoa Traditional Village was carried out by the traditional leaders, namely Kelihan Banjar or Kelihan Adat with several stages in the form of giving advice (pitutur ayu), giving a warning (penglemek) to being excluded (Kasepekang) from the activities of community social organizations. banjar. It is hoped that people will become aware of and follow what the Banjar Adat community has agreed to do.
Sanksi Pidana Kebiri Kimia terhadap Pelaku Tindak Pidana Kekerasan Seksual Anak
Authors: Widnyana I Komang , Dewi Anak Agung Sagung Laksmi , Karma Ni Made Sukaryati
Published: November 2020

The number of child sexual violence rates increased in 2016. Encourage the government to form Law of the Republic of Indonesia Number 17 of 2016 concerning Stipulation of PERPU Number 1 of 2016 concerning the Second Amendment to Law Number 23 of 2002 concerning Child Protection into Law. The law contains sanctions against perpetrators of child sexual violence in the form of chemical castration. The purpose of this study was to determine the regulation of chemical castration sanctions against perpetrators of child sexual violence. The method used is the normative method. The regulation for the imposition of criminal sanctions on chemical castration is regulated by Law No. 17 of 2016. The punishment system for chemical castration is a double track system of sanctions. Chemical castration sanctions are sanctions for the act of giving chemical substances to perpetrators of child sexual violence. The prosecutor will carry out the castration sanction as executor of the court's decision and may ask for help from non-doctor medical personnel. The government must immediately pass technical guidelines for the implementation of chemical castration measures. And there is a need for competency education to implement chemical castration.
Hubungan Fungsional Desa Pakraman dengan Desa Dinas dalam Pelaksanaan Pembangunan di Desa Pererenan Menurut UU No. 6 Tahun 2014
Authors: Putra I Made Restu , Arthanaya I Wayan , Suryani Luh Putu
Published: November 2020

Indonesian Constitution No. 6 of 2014 concerning Villages stipulates that a village refers to official village and traditional villages, but hereinafter referred to as village. This implies that there is a village government organizer. If this provision is applied in Bali, however, it will trigger an indication of the blurring of norms since in Bali there are two types of villages, namely Desa Pakraman (customary village) and official village, and the same is true in Desa Pererenan. The official village carries out the function of administering government administration and the Desa Pakraman (customary village) carries out the function of administering customary and religious affairs. The dualism of governance in villages in Bali, including in Pererenan Village, in the implementation of village development, can cause problems, because each village has autonomous rights in carrying out government functions. Therefore, this study highlights two things, namely how the development is planned in Desa Pererenan and the functional relationship between the Desa Pakraman and the official village in the implementation of development. The method used to examine these two issues is the normative research method, which involves qualitatively analyzed documents, both official and in the form of notes, laws and regulations and related government regulations. The research conclusions are drawn deductively. Based on the results of data analysis, it can is revealed that the development planning process (physical and non-physical) in Desa Pererenan refers to the Badung Regency development planning pattern, such as the National Plan of Development Plan (PPNSB), which adopts the philosophy of life and local wisdom of the Balinese people. Village development planning involves the Village Consultative Body (BPD) and the community in a participatory manner, is compiled in a periodic manner, and includes the Village Medium-Term Development Plan (RPJM) for a period of 6 (six) years and the Village Government Work Plan (RKP) for a period of 1 ( one year). The relationship between the desa pakraman and the official village in Pererenan Village is functional, namely consultative and coordinative, which is the working relationship between the prajuru desa pakraman (head of desa pakraman) and the official or perbekel village head. The duties and authorities of the two villages have differences but are still interrelated with one another.
Pemusnahan Uang Rupiah dalam Upacara Pitra Yadnya di Bali Perspektif Undang-Undang Nomer 7 Tahun 2011
Authors: Mertajaya I Made Agus , Suwitra I Made , Sukadana I Ketut
Published: November 2020

This study aims to determine the application of sanctions to the perpetrators of the crime of destroying money in the pitra yadnya ceremony. The phenomenon that is happening now is that many Hindu people in Bali burn rupiah currency in the pitra yadnya ceremony on the grounds that it is a provision for the person being ceremonied. Grounded by the phenomenon the stuy examines two issues: a) how is regulate the destruction of money regulating in the to law Law Number 7 of 2011 concerning Currency, b) whether or not the burning of money as a fundametal provision in the pitra yadnya ceremony is classified as a criminal act. In conducting this research, the authors use normative the research method and statutory approachs and conceptual approach. Furthermore, the legal materials that have been collected are processed using the descriptive analysis method. The results showed that the regulation on the destruction of rupiah currency contained in Article 1 paragraph (10) of Law Number 7 of 2011 and Article 11 paragraph (1) to Article 11 paragraph (4) also regulates the destruction of rupiah. Burning money as a provision in the pitra yadnya ceremony cannot be classified as a criminal act because it does not fulfill the criminal element, namely the element of the intent of the act being committed and the inner will of the person burning the money in question. Apart from that, this also gets the penalties written off because they are considered connected to the public interest.
Perlindungan Hukum Penyewa terhadap Objek Hak Tanggungan yang Dibebani Hak Sewa
Authors: Saputra I Made Adi , Dewi A.A Sagung Laksmi , Suryani Luh Putu
Published: November 2020

As a business entity collecting money from the public and channeling it back to the public, the bank principle stipulates that collateral is required to provide credit to customers. The legal problem related to the bank studied in this study is that the object leased by the debtor to a third party is not with the knowledge of the creditor, whose final object is the executable mortgage. This study examines the legal protection for tenants related to executed mortgage objects and what the procedures for implementing the leased mortgage object are. This research was conducted using a normative legal research design with a legislation study approach. The legislative approach is realized by examining the problems (legal problems) that are being faced. The research results reveal that the legal protection for tenants related to the leased mortgage object can be seen from the regulation of Article 1576 BW, which stipulates that tenants can retain their rights on the grounds that the seller is not permitted to cancel the lease, but shall only defend their rights and the lessee with compensation for the end of the lease relationship. Legal protection demands that the lessee in relation to the lease appears because the lessee has neglected its performance as referred to in Article 1550 BW. The procedure for executing an object of mortgage bearing lease rights begins with filing an application and ends with execution. Requests for execution are made by submitting an application directly to the Head of the District Court by attaching a photocopy of court decisions (District Court decisions and / or Supreme Court decisions) which have permanent legal force. The party having the right to request execution is the party declared superior in the content of the court decision, either personally or through the lawyer, accompanied by a special power of attorney.
Kewenangan Aparat Kepolisian dalam Pengawalan Konvoi Kendaraan Bermotor Berukuran Besar di Jalan Raya
Authors: Putra I Made Adi , Budiartha I Nyoman Putu , Sukadana I Ketut
Published: November 2020

It is common for a large motorbike convoy to cause accidents, both between large motorbike riders and other vehicle riders. This is due to the fact that the speed of the large-sized motorbikes itself can be said to be quite fast, coupled with the behavior of some of these riders who sometimes like to run red lights and put aside the traffic signs, which often results in accidents. Based on this factual background, the legal issues examined in this study are: What is the authority of the police in escorting large motorbike convoys and what is the responsibility of the police in implementing the convoy when accident victims occur on the road. The type of research used in this research is normative legal research. The results of this research are that the authority of the police apparatus in providing escort for large motorbike convoys is the provision of Article 14 letters a and 18 paragraph (1) of Law no. 2 of 2002 concerning the National Police of the Republic of Indonesia and Article 12 letter e of Law No. 22 of 2009. These provisions basically constitute the authority of the police apparatus to carry out the regulation, guarding, escort and patrol of community and government activities as needed, and to give the authority to act according to their own judgment in the public interest. The responsibility of the police is to carry out the convoy in the event of a victim of an accident on the highway in order to maintain order and ensure security, safety, orderliness and smoothness of road transportation.
Perjanjian Pinjam Nama sebagai Bentuk Kepemilikan Tanah oleh Warga Negara Asing di Bali
Authors: Suwanjaya I Komang Gede , Sumardika I Nyoman , Ujianti Ni Made Puspasutari
Published: November 2020

A nominee agreement is an agreement that has not been specifically regulated in the Civil Code, but grows and develops in the community. The agreement is included in a special agreement or often called an innominate agreement. Based on this background, this research was conducted with the aim of describing the arrangement of nominee agreements as a form of land ownership by citizens in Bali and the responsibilities of notaries in drafting agreement deeds for land tenure by foreign nationals in Bali. The research method used was normative legal research. Based on the results, it was revealed that there was no specific regulation regarding the nominee agreement which was regulated in the Civil Code. As long as the parties are able to carry out the agreement properly in accordance with the provisions of the law regarding the validity of the agreement and regarding land ownership rights that have been regulated in the Civil Code and the Basic Agrarian Law, the agreement is valid before the law. Furthermore, the responsibilities and duties of a notary have been regulated in the Law on Notary Position. the ownership of land by a foreigner based on a nominee agreement is an act that is prohibited or against the law. The violation of the articles referred to in Article 84 of the Notary Position Law is a guarantee of the formal requirements for making an authentic deed. The government must supervise this anonymous agreement because this agreement is legal smuggling.
Kedudukan Notaris dan PPAT dalam Perjanjian Jual Beli Tanah dan Jaminan Perlindungan bagi Para Pihak
Authors: Susanto I Komang Edy , Widiati Ida Ayu Putu , Astiti Ni Gusti Ketut Sri
Published: November 2020

Basically, notaries also serve as Land Deed Making Official (hereafter called PPAT) after they carry out a test. Thus, in carrying out their role as PPAT, they are entitled to make deeds of transferring land rights. Based on this background, this research was conducted with the aim of describing how the position of the notary and PPAT in transferring land rights and how legal protection for parties who transfer land through sale and purchase. The research method used in this research was a normative legal method. The results of this study indicated that the position of a notary in the transfer of land rights as an official deed maker is mentioned in article 2 paragraph (1) of Law No. 2/2014 concerning the Position of Notary, which states that a notary is a public official who is authorized to make authentic deeds and has other powers as referred to in this Law or based on other Prevailing Laws. The position of the PPAT in essence has the task of carrying out land registration by making deeds as evidence and having carried out certain legal actions regarding land rights. Legal protection for parties transferring land through sale and purchase is stated in the 1945 Constitution, namely Article 27 paragraph (1) which states that each person has the right to recognition, guarantee, protection, and legal certainty that is just and equal treatment before the law.
Penetapan Honorarium Notaris dalam Praktik Pelaksanaan Jabatan Notaris
Authors: Gunawan I Ketut Adi , Sumardika I Nyoman , Widiati Ida Ayu Putu
Published: November 2020

The Law on Notary Position (hereafter called UUJN) states the honorarium, but in practice, it has certain limits. The uncertainty of honoraria can lead to misunderstanding between the notary and the client. This research was conducted with the aim of revealing whether the determination of the economic value of each deed in the practice of implementing the position of a notary is in accordance with the provisions of the UUJN and whether a notary can provide legal services in connotarial matters to underprivileged people. This research was designed using juridical-empirical research methods. The results of this study indicated that the determination of the economic value of each deed in the practice of implementing the position of a notary is in accordance with the provisions of UUJN as stipulated in article 36. All public officials who have agreed on the arrangement of the honorarium state that they must have a sense of binding and the existence of coercive power which is adjusted to the provisions in UUJN. In addition, a notary can provide legal services in the field of connotarization to underprivileged people based on a notary's morality and integrity. This is supported by Article 37 of the UUJN which states that notaries are required to provide services free of charge to people who cannot afford it.
Kedudukan Sumpah Pemutus dalam Pembuktian Sengketa Tanah Waris
Authors: Patni I Gusti Ayu Maha , Suwitra I Made , Sukadana I Ketut
Published: November 2020

This study is motivated by the phenomenon of inherited land disputes that often occur in the community. When the distribution of inheritance is not fair, the heirs can file a lawsuit in court according to the choice of law, both in western civil law and in customary law. This study aims to determine the procedure for the breaker's oath in inherited land disputes and to analyze the power of proof of the breaker's oath in inherited land disputes. This study uses a normative research method with the aim of analyzing the obscurity of norms regarding the proof of the breaker's oath. The data used comes from legal materials such as statutory regulations, Civil Code, HIR or RBg and Jurisprudence. The results of the analysis show that the procedure for the breaker's oath in inherited land disputes is the breaker's oath (oath decisoir) which is charged at the request of one party to the opponent. The types of breaking oaths or decisoir oaths can be in the form of pocong oaths, pulpit vows, pagoda oaths, and cast oaths which are known in Hindu society in Bali. An oath of decision making in inherited land disputes, namely an oath of decision made when there is no attempt to prove anything in a case. Then, the power of proof of the breaker's oath is seen in Decision Number 148 / PDT.G / 2016 / PN GIN, that the power of proof of the breaker's oath has the power to decide cases or disputes which have the value of perfect proving power, binding and determining
Tanggung Jawab Notaris terhadap Pembuatan Akta Otentik yang Didasari Surat Palsu
Authors: Sanjaya I Made Dwi , Widiati Ida Ayu Putu , Astiti Ni Ketut Sri
Published: November 2020

This study aims to determine the factors that lead to the making of authentic deeds based on fake letters by notaries and to find out the legal consequences for notaries related to making authentic deeds based on fake letters. This research uses the normative law research method. The results showed that an authentic deed based on a fake letter was a deed made illegally in front of the authorized public official, so that it looks like the original. Then, the factor that caused the making of an authentic deed based on a fake letter was the notary's ignorance that the letter made was fake. The perpetrator did not have good faith in making the authentic deed. Therefore, as a consequence to a Notary who is proven to have cooperated in making an authentic Deed based on a false letter, the deed made by the Notary will have proof of the deed under hand and will be null and void, and the notary may be subject to criminal penalties under the provisions of the article 263 and 266 Criminal Code
Penegakan Hukum terhadap Penyalahgunaan Tindak Pidana Narkotika
Authors: Ardika I Gede Darmawan , Sujana I Nyoman , Widyantara I Made Minggu
Published: November 2020

Drug abuse from year to year has always been increasing, not only in adults but also among adolescents and children. The cause of this abuse consists of two factors, namely internal and external factors. With these problems, this study aims to determine the regulation of criminal sanctions against narcotics abuse and to find out the application of criminal sanctions against narcotics abuse. This research uses the normative method. Sources of data used are sources of secondary legal materials obtained through document, and analysis of legal materials using legal arguments. The results of the study show that the sanctions against narcotics abuse are regulated in Law Number 35 of 2009 concerning Narcotics Articles 111 to 148. Then, criminal sanctions against narcotics abuse are in the form of imprisonment and fines. The criminal system against narcotics abusers uses a double track system, namely implementing criminal sanctions and sanctions for action at once
Pengaturan terhadap Pengusahaan Air Bawah Tanah yang Dilakukan oleh Masyarakat
Authors: Setyarina Desak Putu , Seputra I Putu Gede , Suryani Luh Putu
Published: November 2020

The water has an important role in survival of all living things on this earth. Water in underground is a natural resources and the damage that occurs can cause widespread impact and repair is quite difficult. In order to guarantee the fair used and exploitation of groundwater, a permit is required. However, in the use and exploitation of groundwater, there are people and industrial parties who did not have a permit from the government related to the prevailing laws and regulations. The purpose of this research is to find out how the regulation of underground water exploitation is carried out by the community and what are the legal consequences of unlicensed underground water exploitation. The method used in this research is normative method and analysis of legal interpretation and descriptive analysis. Data sources are primary and secondary data. The research approach used in this research is an invitation-only approach and a legal concept analysis approach. The technique of conducting legal materials is carried out by means of literature study which is legal materials are collected then processed using systematic interpretation analysis. The results of this research are first, in regulating the exploitation of groundwater, the authority and legal basis used by the government as a reference in granting permits. Second, the result of not having a permit to use ground water is the sealing of the location or place and the imposition of imprisonment in accordance with the applicable laws, namely Law Number 11 of 1974 concerning Irrigation and other regulations in accordance with the respective Regional Regulations.
Perlindungan Hukum terhadap Korban Penipuan Jual Beli Online
Authors: Prakoso Bagus Andi Dwi , Sujana I Nyoman , Suryani Luh Putu
Published: November 2020

Currently, the internet is often used as a means of trading in Indonesia, which often leads to cybercrime crimes, from fraud in trading to fraudulent objects of buying and selling online, requiring legal preservation. What is the form of legal preservation of the object of fraud in online trading? How do criminal sanctions for fraudsters roll out online? These two questions are the problems examined in this study. This study was designed using a normative legal research design. The results of research and assessment can be concluded that legal protection for victims of online buying and selling fraud is essentially carried out by non-penal and penal channels. Legal protection using the penal line can be realized through repressive measures, and non-penal through preventive measures. In repressive actions, objects can be reported by visiting legal institutions for further processing. In a preventive measure, outreach is held about legislation and legal understanding of the ways and culture of using technology so that there is no response to requests for information via e-mail. Matters that affect legal protection for victims of online bladder selling are aimed at the lack of proper facilities and infrastructure, namely the inadequate extension of statutory regulations related to cybercrime to the public. Quality of law enforcement officers and the culture of the people who are not interested in making reports and testimonies. Fraud in trading with online media within the scope of legal regulations has been regulated using positive law in Indonesia, namely in the Criminal Code and the Electronic Information and Technology Law (UU ITE). Although the Law has not been able to deter all the perpetrators concerned, seeing the Principle of Legality in Article 1 of the Criminal Code and the opinion of criminal experts that online defamation is a crime, and therefore it is definitely against the law. Then it must be held accountable for the actions when it is done.
Pertimbangan Hukum terhadap Putusan Lepas dari Segala Tuntutan Hukum (Ontslag Van Rechtsvervolging)
Authors: Narendra Anak Agung Gede Wiweka , Suryawan I Gusti Bagus , Widyantara I Made Minggu
Published: November 2020

People’s knowledge and understanding of the community, especially law enforcement officials as the one who implement the laws and regulations, often causes mistakes in interpreting the criminal act of fraud. Evidence shows that the public or law enforcement officials who carry out their duties if a legal relationship is carried out by someone with another person, which was originally very civil in nature (individual contract), can often develop into a complex problem because it contains other juridical aspects, for example the dimension of the crime. This study aims to determine the judge's consideration in giving a decision that is free from all lawsuits as well as the legal remedies that can be made on a decision that is free from all lawsuits in criminal cases. This study uses a descriptive normative research method. Sources of data used are secondary legal materials as the basis for research. Data collection in this study was carried out by literature study (document study), namely the collection of legal materials through written legal materials with deduction analysis techniques. Deductive analysis is drawing conclusions from general matters regarding the concrete problems faced. After the analyzing the data, the results showed that the basis for the judge's consideration of giving a verdict that is free from all lawsuits is if the accused can be proven legally and convincingly and strengthened by evidence so that the judge's conviction is obtained but it is not included in a criminal act as contained in Article 191 point (2) KUHAP which requires that it be declared to be released from all legal demands.
Tanggung Jawab Notaris terhadap Keabsahan Tanda Tangan Para Pihak pada Perjanjian dibawah Tangan yang di Waarmerking
Authors: Dwipraditya Anak Agung Bagus Indra , Dewi Anak Agung Sagung Laksmi , Suryani Luh Putu
Published: November 2020

Prostitution cases have emerged as a phenomenon having continuously loaded with law enforcement actions in Indonesia; the modus operandi is getting developed over time. The case that is currently trending is the case of online prostitution. Although prostitution cases have been set forth in the Criminal Code and online transaction-related legal provisions can be found in the Electronic Information and Transaction Law (ITE Law), however, online prostitution cases are in fact difficult to eradicate. This is due to the condition that only the procurers or procuresses can be held liable for the acts, while sex workers (commercial sex workers) and the online prostitution service users cannot. This indicates that the prostitution-related legal arrangement needs to be reconstructed, and for that, the present study has an urgent force to be carried out to review the online prostitution regulations as well as the legal politics to eradicate prostitution, particularly regarding the criminalization of sex workers (commercial sex workers) and the online prostitution service users. This study applies a normative law research method design. The results of the study show that the Criminal Code does not regulate the conviction of commercial sex workers and online prostitution service users, so they cannot be held criminally liable for the act. If the online prostitution-related regulations outside those in the Criminal Code are examined further, sex workers and their service users can be charged with the ITE Law, but the rule is still general in nature - regulating prohibitions that violate decency. Regulations on prostitution can also be found in Regional Regulations (Perda), but not all regions have or issue the regulations on Prostitution, so their enforcement is limited to the territory. The political law that can be learned from this fact is the reform of criminal law through the synergy of the draft of Criminal Code concept through criminalization and the provision of criminal threats against commercial sex workers and the online prostitution service users so that they can be held criminally liable for (penalization).
Perlindungan Hukum terhadap Kreditur Pemegang Jaminan Fidusia yang Dipindah Tangankan
Authors: I Made Suarja  , Simon Nahak  , I Ketut Widia
Published: November 2020

This research was conducted based on fiduciary guarantee of execution provided for in Article 29 of Act No. 42 of the year 1999 about Fiduciary Guarantee stating that the fiduciary guarantee execution can be carried out by means of the execution of the title eksekutorial, the distribution of sale through the society, or sale under the hand with the consent of both parties. However, in practice when it will do the execution of fiduciary guarantee, guarantee that turned out to be transferable and controlled by third parties without the consent of the borrower. Formulation of the problem in this study was 1. The requirements are to be met by the lender in order to have the power of doing execution in granting credit Guarantee Chattels? 2. How is the legal protection for the lender that guarantees Fiduciary transferable? The purpose of the research to know the procedure of obtaining legal protection for holders of a Fiduciary which is transferable. The theory is a theory of legal certainty and the protection of the law. This type of research approach with normative approach legislation and the approach to the case. The first discussion about the terms of execution of fiduciary guarantee and second set of laws regarding a lender to Fiduciary redirected. The result of the research showed that if not created by notariil and registered office at Fiduciary, then their execution procedures can only be done with the setting of the ruling of the District Court. Procedures and procedures binding guarantee of fiduciary fiduciary registration procedures on Fiduciary Office, are not set or are not found in detail in the Law Number 42 Year 1999.
Peranan Reserse Kriminal dalam Mengungkap Tindak Pidana Pencurian Kendaraan Bermotor di Wilayah Hukum Polsek Ubud
Authors: Brahmantara I Gusti Ngurah Arya , Dewi Anak Agung Sagung Laksmi , Sukaryati Ni Made
Published: November 2020

The rise of crimes occurred in almost all over the world has appeared as the limelight not only for the security forces and the community but also for scholars or researchers to strive for uncovering the motives beyond the criminal acts and the strategies for prevention and settlement. As is the case in Indonesia, especially in the Bali territory - the main center of Indonesian tourism activities - crimes in various forms have often taken place. This study reveals the police efforts in uncovering the criminal acts of motor vehicle theft occurred at Jalan Andong, Desa Petulu, Ubud - Bali, as well as the inhibiting factors encountered. The study makes use of qualitative research design and empirical and sociological legal research methods. The results showed that there were two actions the police had taken. First, pre-emptive action was realised through community guidance through Non-Commissioned Officer (NCO) for People’s Security and Order (most commonly known as BHABINKAMTIBMAS in Indonesia). The second is preventive action through patrol activities and control of the completeness of motorised vehicles. The latter is a repressive measure, in which the police took actions according to the police report models (A) and (B). In an effort to disclose this action, several obstacles were encountered, including: internal factors appearing in the form of inadequate number of investigators, facilities and equipment such as fingerprint scanners which were also inadequate and a limited budget; and external factors which include inadequate CCTV, the minimum number of witnesses, negligence of vehicle owners, perpetrators and stolen property had been outside Bali. The lack of witnesses, especially but not limited to recidivists, in an effort to expose the crime implies that sophisticated and adequate facilities and equipment have the crucial functions, benefits, and urgency to be equipped in order to realise national security and peace. Related to this, Criminal Investigation Agency holds a crucial role that needs to be realised immediately.
Proses Permohonan Hak Pakai atas Tanah Milik Pribadi oleh Warga Negara Asing
Authors: Darmawan I Komang Andi , Dewi Anak Agung Sagung , Seputra I Putu Gd
Published: November 2020

This study aims to determine the process of application for usage rights on private land by foreign citizan in Indonesia which is in accordance with the Regulations in force in Indonesia that have been established by law No. 5 of 1960 concerning the rules of the basic principles of agrarian, and also Government Regulation No. 40 of 1996 concerning right to build, right to use, and right to use, as well as registration of land which is regulated in Government Regulation No. 24 of 1997. This research is based on normative legal research that is technical or applied. This research approach also uses a law approach and a case approach that has/is happening. Types of data in this study are primary and secondary legal materials. This data collection technique is carried out in the form of literature study and data analysis techniques used are deduction with the syllogism method. The results of this study indicate that foreign nationals residing in Indonesia can have rights to use land in Indonesia in the form of building use rights, use rights and business use rights, in which foreign citizens are given time limits in owning or using on land in Indonesia, so that there is no occurrence of foreign nationals who can own or buy land in Indonesia on behalf of these foreigners, we know that land in Indonesia is only intended for Indonesian citizens.
Kedudukan Krama Desa yang Beralih Agama dalam Tanah Karang Desa di Desa Adat Canggu Badung
Authors: Yasa I Komang Suartama
Published: November 2020

The status and function of customary land causes land problems to become complex, which can be a source of legal and social problems that appear in various forms of land disputes. Likewise with respect to the village plots, it is not free from disputes. There are many factors that lead to the disputes in village yards. The objectives of this study is to examine the rights and obligations of the village manners who occupy the village reef land and to examine the position of the village manners who are no longer Hindu towards the village coral land are in accordance with the Canggu Badung Adig village awig-awig. The type of study used is empirical legal research. The results of this study is 1) the rights and obligations of the village manners who occupy the village reef land in accordance with awig- awig Adat Canggu Badung Village is to occupy the village coral land, bearing in mind the village manners who occupy the village coral land have been regulated in Awig-Awig Canggu Adat Village, Pawos 4 Paragraph (1) and is obliged to participate in retribution, carrying out village directives and paying contributions. 2) The position of the village manners who are no longer Hindu towards the village coral land is in accordance with the awig-awig of the Traditional Village of Canggu Badung every village manners who convert, then the manners are called tamiu manners. Based on this, all the assets or facilities of the customary village must be returned to the customary village, including the village coral land it occupies, as stated in the Pararem of the Canggu Customary Village, Pawos 4 Paragraph (3).
Pengaturan Sanksi Kumulatif dalam Tindak Pidana Korupsi
Authors: Cahyadi I Made Sandi , Budiartha I Nyoman Putu , Widyantara I Made Minggu
Published: November 2020

Corruption is a crime against social and economic rights of the community. Corruption has become an extraordinary crime or crime. Likewise, the eradication effort can no longer be done in the usual way, but must use extraordinary methods. Corruption is an evil act that can make the country a loss. In Indonesia, corruption has been widespread in society, its development continues to increase from year to year. This study aims to analyze the regulation of cumulative sanctions in corruption and analyze the judges' consideration in imposing criminal sanctions in place of fines as one of the cumulative sanctions in corruption. The research used was normative legal research using a statutory approach, conceptual approach, case approach which was then analyzed descriptively. Based on the results of the discussion it can be explained that the regulation of cumulative sanctions in corruption is regulated in article 2, article 6, article 8, article 9, article 10, article, 12, article 12B. Judge's consideration in giving a ruling is judicial consideration and seeing the legal facts revealed in the trial. So it can be concluded that the approach used by the judge in consideration of the decision is the balance theory, the theory of the art approach and intuition, the scientific approach theory, the experience approach theory and the ratio decidendi theory.
Rehabilitasi terhadap Korban Penyalahgunaan Narkotika di Badan Narkotika Nasional Provinsi Bali
Authors: Subantara I Made , Dewi Anak Agung Sagung Laksmi , Suryani Luh Putu
Published: November 2020

Narcotics continues to be produced at this time in addition to medicine as well as for the development of scientific studies. Narcotics, on the one hand, is a drug or substance that is useful in the field of medicine or health services and scientific development, on the other hand, it can lead to dependence and cause harm if it is not used properly and without strict and careful control and supervision. When used irregularly according to dosages, it can be physically and mentally damaging for those who use it to become dependent. This study aims to determine the procedures for implementing rehabilitation of victims of narcotics abuse and the obstacles faced by the National Narcotics Agency of Bali Province in rehabilitating narcotics abuse at the National Narcotics Agency of Bali Province. This research uses the normative method because there are still vague norms, based on the opinion of the undergraduate law and law.
Kedudukan Balu Luh di Desa Adat Suter Bangli
Authors: Suriana I Made , Suwitra I Made , Sudibya Diah Gayatri
Published: November 2020

The patrilineal descent system, as is also the case in the indigenous Balinese, has the consequence that the heirs in Bali are determined according to the male lineage (purusa). However, it is also possible for women to be appointed as heirs, that is, in the case of the girl being appointed as a sentana rajeg or the status of a girl is changed from predana to purusa status. Based on the background of this research problem formulation as follows: how is the obligation for the manners of Balu Luh in the Suter Bangli Customary Village and how the authority of the manners  for  the  inheritance  of  her  husband.  The  type  of  research  used  is empirical legal research. The results of this research discussion are as follows: Obligations for manners in the village of Suter Bangli, among others, take care of the inheritance of her deceased husband well, behave well, enforce discipline, obey the obligations, carry out obligations, panca yadnya and others, which are then referred to as her husband's legacy properly balu pageh, the widow's right as long as only enjoying it can not sell, give, and give it to others except with the consent of her children and the family of her late husband if her children are still small. This applies to heirlooms and riches (marriage assets), because for heirlooms, a widow does not have any rights, the right is the purusa of the family of her deceased husband, but the widow has the right to enjoy it if the widow is pageh. The authority of the courtesy of her husband's inheritance includes: Maintaining the integrity of the family, not doing things that are not good, so that it can be called a shame. No authority to sell, transfer the assets left by her late husband. May ask for children / sentana, but with the consent of the family of the late husband. May also remarry with the approval of the family of the late husband.
Sanksi Pidana terhadap Tindak Pidana Korupsi Dana Hibah
Authors: Yudana I Wayan Agus , Sujana I Nyoman , Dewi Anak Agung Sagung
Published: November 2020

Corruption of subsidy funds is common in the community and is often heard through the media and news in various places. These grants often cause various problems, especially those arising from the Regional Budget (APBD), both during implementation and management or payment. There is a lot of abuse of subsidized funds for personal gain. In accordance with the background description, this research focused on the elaboration of the regulation regarding the criminal act of corruption of grant funds and the description of criminal sanctions against perpetrators who commit criminal acts of corruption of grant funds. This study was designed using a type of normative research, and the data was collected from literature studies and positive laws that apply. In case Number: 32 / Pid.Sus.TPK / 2016 / PN.Dps the defendant with the initials IWB had actually committed corruption in the grant funds according to the law in force, henceforth the Panel of Judges sentenced them to one year imprisonment and paid compensation fifty million rupiah. If he did not pay the fine, it would be replaced with a 1-month prison term and he would have to return the state money worth three hundred and fifty million rupiah. After the analysis was done, it can be concluded that according to the provisions of Article 2 and Article 3 of Law 20 of 2001, the prison sentence may be imposed on the perpetrators of the crime of grant funding.
Sanksi Hukum terhadap Anggota Kepolisian yang Melakukan Pungutan Liar
Authors: Budihartawan I Putu Gede , Sukadana I Ketut , Sugiartha I Nyoman Gede
Published: November 2020

Illegal levies commonly known as extortion are generally carried out by unscrupulous employees from an agency and even by unscrupulous officers, including police officers. The police officers who are tasked with protecting and protecting the public should not commit such illegal payments. This deviation committed by members of the police caused problems and unrest in the community. Based on this background, this research was conducted with the aim of describing how the regulation prohibits illegal levies on members of the Indonesian police force and how the legal sanctions against members of the police who carry out illegal levies. The research method used in this study was the normative method. In this study a statutory and conceptual approach was used. Prohibition of Illegal Levies is regulated in article 6 letter W of Government Regulation No.2 of 2003. Legal sanctions against members of the police who carry illegal levies are subject to the provisions of articles 368, 378, 423 of the Criminal Code. The regulation of prohibitions and sanctions against illegal levies must be emphasized so that irresponsible persons do not cause unrest in the community.
Pertanggungjawaban Pidana terhadap Pelaku Kekerasan Penganjuran Organisasi Kemasyarakatan
Authors: Putra I Wayan Ajus Sentana Putra , Sepud I Made Sepud , Dewi Anak Agung Sagung
Published: November 2020

The increasing number of new organizations appearing as a result of the freedom of expression, association and assembly, triggers the expression of dissent. It manifests aspects of democracy in the life of the nation and state. Freedom of association followed by anarchist actions taken by several organizations serves as a real answer due to the existence of legal mechanisms that do not work well. So, rather than not working, the organization is better to take action by walking alone. Such behavior is unconsciously an act against the law. The problem examined in this study relates to the regulation of criminal acts advocating social organizations and criminal liability against perpetrators of violence in the advocacy of such social organizations. This type of research is normative legal research with a statutory approach. Analysis of legal material is done by descriptive method. The regulation of criminal acts advocating social organizations set forth in Articles 55 and 56 of the Criminal Code. The form of offense or the element of inclusion in article 5 of the Criminal Law Code consists of four types of offenses, including: pleger, doenpleger, uitlokker and mediepleger. The criminal liability of perpetrators of violent acts advocated by social organizations is manifested in a rule requiring the makers and perpetrators to be equally punished; however, supporters can be sentenced lighter than the maker, which is reduced by one third of the maximum criminal offense threatened with capital punishment or life imprisonment, the assistant is sentenced to a maximum of 15 years in prison