VYAVAHARA DUTA

FORMULASI ASAS KERAHASIAAN INTELIJEN KEJAKSAAN DALAM PENYELENGGARAAN FUNGSI INTELIJEN PENEGAKAN HUKUM

2024-07-18T03:09:43+08:00

The principle of confidentiality is a very important basic principle for prosecutorial intelligence in maintaining the implementation of intelligence activities. This research aims to examine and analyze the formulation of the Prosecutor's Intelligence Confidentiality Principle in the Implementation of Law Enforcement Intelligence Functions and the Legal Consequences of Leaks of Intelligence Secrets During the Retention Period. This research is normative legal research, and the approaches used are the statutory and legal concept approach. The sources of legal materials used are primary and secondary sources. The formulation of the principle of confidentiality of prosecutorial intelligence in the implementation of law enforcement intelligence functions is regulated in the form of law, namely Law of the Republic of Indonesia Number 17 of 2011 concerning State Intelligence as a legal umbrella for intelligence functions in the law enforcement system and Law of the Republic of Indonesia Number 11 of 2021 concerning Amendments to Law of the Republic of Indonesia Number 16 of 2004 concerning the Prosecutor's Office. The legal consequences of leaking secret intelligence during the retention period are in the form of criminal liability, specifically if the prosecutor's intelligence personnel leaks efforts, work, activities, targets, information, special facilities, special tools and equipment, support, and/or State Intelligence Personnel related to the implementation of functions and activities of State Intelligence, there is a criminal penalty plus 1/3 (one third) of each maximum criminal threat if carried out in a state of war. Moreover, these personnel receive code of ethics sanctions from the prosecutor's office.

KAJIAN YURIDIS PENGANGKATAN ANAK BEDA KASTA BERDASARKAN PERATURAN PEMERINTAH NOMOR 54 TAHUN 2007 TENTANG PELAKSANAAN PENGANGKATAN ANAK

2024-07-18T03:12:49+08:00

Having children is deemed a fundamental objective of marital unions in Hinduism, as delineated within the sacred scriptures, in which the birth of a “Suputra" child is believed will lead parents and ancestors to nirvana. However, not all married couples are fortunate enough to have biological children. There are certain issues that result in married couples being unable to have children biologically. Therefore, in Hinduism, the process of adopting a child who is then considered a biological child and successor of the family lineage is justified. This process is known as "peperasan" or "maperas".

Furthermore, Balinese customs persist in upholding a caste system, known as "Wangsa", which ascribes societal stratification and often compartmentalizes the populace within the customary framework of Bali. This caste difference is often a conservative issue in society, including in the adoption of a child. Therefore, it becomes one of the customary legal issues that needs a juridical inquiry and refers to the provisions of Government Regulation Number 54 of 2007 concerning the Implementation of Child Adoption. Under the provisions of the Law, children are recognized as a weak and vulnerable group requiring protection and entitled to love and a complete family even without their biological parents.

Based on these issues, this research discusses the Juridical Study of Adoption of Children of Different Castes Based on Government Regulation Number 54 of 2007 concerning the Implementation of Child Adoption. And to analyze the issue, a normative juridical legal research method is used with a statutory approach.

Keywords: Child Adoption, Different Castes, Child Protection Law

TINJAUAN HUKUM PUTUSAN MAHKAMAH KONSTITUSI NOMOR 90/PUU-XXI/2023 DALAM MENJAMIN PERLINDUNGAN HAK KONSTITUSIONAL MASYARAKAT

2024-07-18T04:00:07+08:00

Elections are an important tool in realizing democracy and popular sovereignty. However. This triggered a lawsuit to the Constitutional Court (MK) to test the constitutionality of norms that were considered contrary to the 1945 Constitution of the Republic of Indonesia. Decision Number 90/PUU-XXI/2023 which regulates the age limit of presidential and vice presidential candidates After the Constitutional Court's decision, Article 169 letter q of the Election Law was amended by adding the phrase "or has / is currently holding an office elected through general elections including regional head elections". This decision has drawn pros and cons because it is considered to open up opportunities for young politicians to advance in the electoral contestation, but on the other hand it is feared that it will result in a lack of experience and capability in leading the nation. The purpose of this study is to examine and analyze the legal review of the Constitutional Court's decision Number 90/PUU-XXI/2023 in the perspective of comparison with other legal provisions and to find out and analyze the legal implications arising from the Constitutional Court's decision Number 90/PUU-XXI/2023 in guaranteeing people's constitutional rights. This research uses normative research methods with a doctrinal juridical approach. Research data is obtained through literature studies, namely primary and secondary legal materials relevant to the research topic. This research uses judicial theory, legal state theory, and democracy theory as the basis for analyzing the Constitutional Court's decision and its implications for people's constitutional rights. The results of this study show that this decision is in accordance with the constitution and legal principles applicable in Indonesia. Strengthening the people's political rights to elect and be elected to run for president and vice president. Thus, upholding the principles of equality and justice in the democratic process. Other countries have provided opportunities for every citizen under the age of 40 to participate in running for president and vice president as regulated in the laws of each country. The implications of the Constitutional Court's decision number 90/PUU-XXI/2023 give hope to young people or regional heads who are under the age of 40 to participate in the contestation of the election of the president and vice president of the Republic of Indonesia.

OPTIMALISASI ASAS FIKSI HUKUM DALAM PENGATURAN BEA PEROLEHAN HAK ATAS TANAH DAN BANGUNAN DI KABUPATEN BULELENG

2024-09-28T09:52:47+08:00

The application of the principle of legal fiction to a regulation causes problems in society, many people do not know the enactment of a regulation due to lack of access to information and socialization from the government and the low quality of human resources who cannot understand the contents of the regulations that have been enacted, so that the regulation does not apply effectively in society and this unconsciously causes many irregularities in its implementation. The problem in this research is the enactment of the principle of legal fiction which causes problems in Buleleng Regency regarding the non-optimal enforcement of local regulations related to the acquisition duty of land and building rights to the community. In this case, the community is disadvantaged due to not knowing the contents of regional regulations, especially in terms of the implementation of the transfer of rights to land certificates through inheritance, so that this is widely utilized by irresponsible individuals, by charging fees that are not in accordance with applicable regulations. This type of research uses empirical legal research. The results of this study are that the Buleleng Regency Regional Regulation Number 1 of 2011 on Fees for Acquisition of Land and Building Rights has not been effectively applied to the people of Buleleng, due to the fact that the public does not know and understand the entire contents of this regulation so that it can be said that the principle of legal fiction applies in the enforcement of this regulation, then many public officials se

PENGUATAN HAK INDIKASI GEOGRAFIS DI INDONESIA MELALUI HAK MEREK KOLEKTIF

2024-09-28T10:43:37+08:00

Indonesia is a country rich in natural resources. In its use, several products are produced through a production process which supports improving the economy in Indonesia. In protecting several goods that have been produced in Indonesia, this is regulated in Law Number 20 of 2016 concerning Marks and Geographical Indications which is an amendment to Law Number 16 of 2001 concerning Marks. However, in its development, this regulation has not been able to provide protection for local products produced by the community. This research is normative legal research which examines aspects of internal problems in positive law using a normative juridical approach. The result of this research is that there are additional rules regarding geographical indications in the regulations regarding brands, making the substance of the geographical indication rules in each article less clear so that they are still unable to provide optimal protection for the geographical indication products produced. There needs to be a link between the procedures for product registration in the regulations on brands and geographical indications so that each geographical indication product that has been registered can directly obtain a special product brand that is different from other products so that it can provide protection to products produced by local communities. Therefore, it is necessary to update this regulation, so that problems do not arise such as duplication by third parties on original geographic indication products produced by local communities.

PENGORBANAN BINATANG SAPI PADA UPACARA MUNGKAH WALI DI DESA TAMBAKAN KABUPATEN BULELENG MENURUT HUKUM DALAM AGAMA HINDU

2024-07-24T07:30:38+08:00

Cow sacrifices in religious ceremonies still occur in Tambakan Village, Kubutumbahan subdistrict, Buleleng Regency at the Bhuta Yajña ceremony called Masegeh which is a series of the Mungkah Wali Ceremony. Cows in Hindu scripture sources explain that both male and female cattle are highly respected and exalted. The majority of the people of Tambakan Village still support and believe in the implementation of this ritual, however written literary sources have not been found regarding the use of cows in the Masegeh ceremony at Prajapati Temple in Tambakan Village. Hindus in Tambakan village believe this only based on gugon tuwon and traditions passed down from generation to generation which they are still afraid of breaking. Beliefs that are not based on correct understanding and sources will lead to gaps in religious implementation or practice. For this reason, there is a need for a more in-depth study of the use of cows based on sacred scriptural sources, both Sruti and Smṛti, so that Hindus, especially in Tambakan Village, gain a more precise understanding regarding the use of cows in the Mungkah Wali ceremony. The aim of this research is to find out and analyze the legal basis from the Śruti books on the use of cows in the Mungkah Wali ceremony as well as the legal basis from the Smṛti book on the use of cows in the Mungkah Wali ceremony. This research is qualitative research with a religious phenomenology approach. The results of this research show that there are two main bases for cow sacrifice in the Hindu scripture texts, namely the Sruti texts and the Smerti texts. Basically, from these two texts it is found that female cows are highly venerated like mothers because they produce milk and male cows can be sacrificed if based on the correct methods and goals of sacrifice. The sacrifice of bulls at the Mungkah Wali Ceremony in the Tambakan traditional village from the results of observations and interviews and study of religious literary sources can be concluded that the sacrifice followed the correct sacrificial procedures according to Hindu religious literature.

Keywords: Legal Basis, Sacrifice, Cow and Mungkah Wali

PENGANGKATAN ANAK DI DESA ADAT SUKAWANA: KEPENTINGAN ANAK VERSUS KEPENTINGAN ORANG TUA ANGKAT

2024-10-30T16:57:58+08:00

Generally, every married couple has the same desire to have a biological child. However, there are times when this wish does not come true for certain reasons. However, this desire is not completely dashed, because every family that does not have biological children can adopt children. Juridically, child adoption in Indonesia is regulated through Government Regulation Number 54 of 2007. Through this juridical basis, it is regulated that the implementation of child adoption can be carried out by following the provisions of Legislation and customary and customary provisions. The aim of this study is to analyze the implementation of appointment regulations in Indonesia which are carried out based on customs. This study was conducted using empirical legal research methods.

The results of the study show that adoption is not only carried out for the child's interests, but there are other interests that are a factor in a family in Desa Adat Sukawana adopting a child. Regarding the technical implementation, in general the implementation of child adoption regulations in Indonesia has been implemented in the adoption of children based on customs in Desa Adat Sukawana. Adoption of children based on customs in Desa Adat Sukawana is regulated in Awig-awig. The procedure for adopting a child in the Sukawana Traditional Village is divided into 3 (three) stages, namely the preparation stage, the implementation stage, and the post-adoption stage. The study carried out contributes to knowledge in the field of Law, especially regarding the legal aspects of child adoption based on customs.

KESETERAAN GENDER DALAM BUDAYA PATRIARKI PADA MASYARAKAT HINDU BALI

2024-07-18T03:11:37+08:00

The issue of gender equality remains a classic problem in society, as concepts of gender equality struggle seem to dissipate under the strong influence of patriarchal culture. Bali, as one of the regions with customary law society adhering to patriarchal culture, reflects patriarchy through the concept of Purusa in the kinship system of Hindu Balinese society. The Purusa concept is one of the roots of the difficulty in achieving gender equality in Hindu society. The purpose of this article is to understand the influence of patriarchal culture on the development of gender equality in modern society today. The method used in writing this article is normative writing method using literature study approach.

The strong phenomenon of patriarchy in Balinese Hindu society is almost undeniable, resulting in Balinese women still occupying a lower position than men. This research is expected to provide insights into the strength of patriarchal culture in Balinese Hindu society, which impacts the disadvantaged position of Balinese women in household environments, employment, and social settings. Moreover, patriarchy also contributes to high levels of violence, including physical, psychological, and sexual violence.

OPTIMALISASI PELAKSANAAN PELAYANAN HUKUM BAGI PENYANDANG DISABILITAS DI KEJAKSAAN TINGGI BALI

2024-08-26T17:03:40+08:00

As a state governed by law, Indonesia has an obligation to provide protection and equal access to justice for all its citizens, including persons with disabilities. This report examines the efforts of the Bali High Prosecutor's Office in optimizing legal services for persons with disabilities, in accordance with Law Number 8 of 2016 concerning Persons with Disabilities. Through research using observation and interview methods, steps taken and challenges faced were identified. Although the Bali High Prosecutor's Office has made significant efforts based on Guideline Number 2 of 2023, challenges such as a lack of accessible infrastructure, limited legal understanding among persons with disabilities, and a shortage of trained human resources still exist. Therefore, further strategies are needed to ensure equal treatment for persons with disabilities before the law, including increasing training for law enforcement officials and improving more inclusive facilities. This journal is expected to serve as a guide for other institutions in developing more disability-friendly legal services.