Jurnal Advokasi

PERLINDUNGAN KONSUMEN TERHADAP KEPEMILIKAN VILA DENGAN KONSEP MEPATUNG DI MESARI UBUD BALI

Kadek Januarsa Adi Sudharma, Made Dhian Rani Yulianti — Mon, 27 May 2019 00:00:00 +0800

Increased demand for villas, increasingly encouraging entrepreneurs or investors to invest in the form of establishment and ownership of the villa. Villa development capital that can reach hundreds to billions of rupiah certainly cannot always make someone who only invests Rp. 12,000,000.00 can fully become a villa owner. With a very small amount compared to the total investment, investors in Vila Mesari need to understand the status of villa ownership and their rights listed in the contract agreed upon by both parties. Moreover, the concept used is the mepatung concept, which means that one unit of villa is owned by a number of people together. In this study, data collection techniques used were document study techniques by collecting data sourced from literature relevant to the problem, then systematically grouped and then followed by interview techniques. Data was also obtained through an interview process with related parties, namely the management of Ubud Mesari Villas. So that it is expected to analyze the new contract model on the ownership of the villa with a mepatung concept at Vila Mesari Ubud Bali and test the power of law and justice for the contract parties so that later it can serve as a guide for businesses and consumers in the villa business with the Mepatung concept and can be applied according to conditions community in Bali.

PENGANGKATAN ANAK MENURUT HUKUM ADAT BALI (Studi di Wilayah Desa Baliage)

I Gede Pasek Pramana — Mon, 27 May 2019 00:00:00 +0800

This research focuses on implementing Balinese Adat law regarding procedures of child adoption. The research is located in Baliage Village, considering that previous studies have been conducted in Denpasar City (a representation of the type of Apanage Village). There are two problems that will be answered in this study, such as: (1) how is the existence of the appointment in Baliage Village? (2) how is the procedure for appointment according to Balinese Adat law in Baliage Village? Primary data in this study were collected through observation and interview methods. Secondary data was collected through the library method. All data collected successfully, then processed and analyzed qualitatively.Based on the results of the study, it is known that the existence of adoption in the Baliage village area can be proven by the existence of 2 cases of adoption that occurred in 1950 and 1978. As for the procedure for adoption based on Balinese Adat law in the Baliage Village area generally through 3 stages, such as (1) preparation stage; (2) the stage of completion of administrative requirements; (3) the stage of completing the process of child adoption according to Hinduism and traditional Balinese law; (4) the administrative completion stage.

KENAKALAN ANAKDALAM FENOMENA BALAPAN LIARDI KOTA SINGARAJA DALAM KAJIAN KRIMINOLOGI

Ni Putu Rai Yuliartini — Mon, 10 Jun 2019 00:00:00 +0800

Factors that cause children to run wild races in Singaraja City, among others: causes that are included in internal factors are hobby factors. The factors that are included in external factors are environmental factors, betting factors, technological factors, and family factors. The four factors above are "external factors" originating from outside the actors that cause children to run wild races. In terms of outer, norms and rules in society are important factors to examine the problems of wild racing. The number of wild race actions carried out by children who are not old enough or can be said to be teenagers, can give us the assumption that moral values and adherence to positive laws regarding the prevailing traffic in society have begun to diminish. So it can be said that children who engage in wild races do not have a strong external defense to protect and limit children from attacks and pressure from outside the child to commit an offense.

PROBABILITAS PENGAJUAN PERMOHONAN PAILIT TERHADAP PERUSAHAAN ATAS PIUTANG UPAH PEKERJA/BURUH

Putu Eva Laheri — Mon, 10 Jun 2019 00:00:00 +0800

This article discusses possibilities of workers/employees in submitting bankruptcy applications against companies that are in arrears in payment of wages for workers/employees. The vacuum of norms in Regulation Number 13 Years 2003 concerning Employment (Labor Law) provides a gap for workers/employees in finding solutions that are considered capable of providing forced power to obtain wage payments that are the entitlement of workers/employees based on bankruptcy law other than pursuing a pattern of resolving industrial relationship disputes based on the mechanism stipulated in the Labor Law and/or Regulation Number 2 Years 2004 concerning Settlement of Industrial Relations Disputes (PPHI Law) however, the problem is that there is no uniformity in jurisprudence that decides bankruptcy applications on workers/employees’ requests despite bankruptcy legal proceedings provide more deterrent and certainty in the settlement of workers' rights in addition to the rights of other creditors.

PERLINDUNGAN HUKUM TERHADAP ANAK PENYANDANG DISABILITAS YANG DITELANTARKAN OLEH ORANG TUANYA

Ni Nyoman Muryatini, I Komang Setia Buana — Mon, 10 Jun 2019 00:00:00 +0800

Children are mandate and gift from the Almighty God, which is inherent the dignity and prestige of a complete human being, including children with disabilities. Children with disabilities need special handling, but not all parents sincerely accept children with disabilities and give affection. Parents sometimes do not care or lack of giving attention and affection to children with disabilities. Few parents can receive children who have disabilities sincerely. This condition caused a large amount of cases about parents who neglect children with disabilities. Research method used in this study was normative law which aimed at finding and formulating legal arguments, through analysis of the subject, the approach used in this study was legislation approach, by examining the applicable legal rules related to legal protection of children with disabilities who were abandoned by their parents. Interviews were conducted at Integrated Service Centre for Woman and Children Empowerment in Denpasar, as a support and to sharpen their normative analysis.

TATA KELOLA DAERAH ALIRAN SUNGAI TERPADU DI BALI DALAM PERSPEKTIF HUKUM

I Gusti Ayu Eviani Yuliantari, Putu Eva Ditayani Antari — Mon, 10 Jun 2019 00:00:00 +0800

This research aims to analyze and answer the problems of integrated watershed management in the Province of Bali. This research is descriptive, specifically intended to provide a clear description of the implementation of the rule of law in integrated watershed management in the Province of Bali. In terms of its purpose, this type of research is empirical legal research. Management of Watersheds whose river flow areas across regencies or cities need to be coordinated with the district or city government under the coordination of the provincial government in this case the governor, because the management of cross-regency and city watersheds is the authority of the governor. With the coordination and use of policies based on ecoregions, it will produce sustainable watershed management for the benefit of the community in terms of management arrangements from upstream to downstream can be carried out in full, through the stages of planning, implementation, monitoring and evaluation, and guidance and supervision.

PROSPEK ASAS RESIPROSITAS DALAM HUKUM EKSTRADISI

I Made Asmarajaya, Ni Komang Sutrisni — Mon, 10 Jun 2019 00:00:00 +0800

Based on the difficulties in creating treaty among states such as high cost, long time and limitation of practicing of treaty made. Moreover the treaties is made by bilateral, it means they must make treaty with many countries many times. Coused by those reasons writer try to reappear the old forgotten principle that is “the principle of reciprocity”The purpose of this research is to know wether this principle accordance with the general principle of law and how about the prospect of this principle in the future. This research applied legal normative research and conducted by empiric data. Result of this research is this principle is accordance with the general principle of law which has being ruled in penal code of the country all over the world that is universal principle which is dedicated to abolish criminal in all over the world. In the future by practicing the principle of reciprocity will be more effective in reducing the criminal offences all over the world although among those countries has no extradition treaty.

PERLINDUNGAN HUKUM TERHADAP ANAK YANG MENGEMUDIKAN KENDARAAN BERMOTOR DI JALAN UMUM DALAM WILAYAH KODYA DENPASAR PROVINSI BALI

Made Emy Andayani Citra, I Gusti Bagus Hengki, I Made Kariasa — Mon, 10 Jun 2019 00:00:00 +0800

In the development of science, technology, communication, transportation and enter the era of globalization bring positive impacts and negative impacts on the successor of the nation which is asset of the nation and state in the present and in the future. One of the negative impacts on the successor of the underage nation is to drive motor vehicle on a public road either with or without rules, which can unknowingly harm individuals and others. Harming individuals and others such as unlawful deeds or children againts the law (ABH) which will be followed by both criminal and civil liability (claims for compensation) and other laws regulations, causing problems to be solved through future juridical and sociological analysis may generate targeted outcomes for governments, society and parents.

The method used in this reseacrh is the method of normative law research or legal research literature, then the point of the judgment is to use legal material instead of data, so the primary data used is only reinforcing, supplementing and supporting. Then the secondary data source is done through the source of the literature (library research), which consists of primary legal materials and secondary legal materials.

PEMIKIRAN NEGARA HUKUM YANG KEBABLASAN

I Made Hendra Wijaya — Mon, 10 Jun 2019 00:00:00 +0800

The emergence of thinking that distributes the concept of the rule of law into several of these characteristics also has weaknesses that can make the thinking of the rule of law go too far. Indeed, in the supreme of law concept, law is the supreme commander who must be obeyed and obeyed by all levels of society, what if the law is likened to an evil man who does his will freely and arbitrarily, or a ruler who uses his political activities to impose absolute power on the community by hiding behind the shadow of the rule of law made by the authorities themselves, because that the law is the commander in chief who must be obeyed by the public, while those who form the commander in chief or the law is made by the demagogues.

PEMBEBANAN BIAYA PENGHIDUPAN BEKAS ISTRIKEPADABEKASSUAMI SEBAGAI AKIBAT PERCERAIAN

I Wayan Agus Vijayantera — Mon, 10 Jun 2019 00:00:00 +0800

Divorce is one of the reason of the breakdown in the marriage. Divorce has some legal consequences, one of which linked the imposition of costs of their former wives to former husband. The imposition of the cost of livelihood as regulated in the law of marriage is experiencing the nature of imposition considering vagueness can be charged based on the Court ruling, but there is no indicator that became the cornerstone of the Court may or not be in charge of their former wives to former husband. In the discussion that the divorce has some legal consequences, one of which was the charge to the former husband over his wife's former livelihood cost. The imposition of the cost of livelihood needs to be emphasized especially in Marriage laws, such as the imposition of the cost of the livelihood of the former wife of taking into account the financial ability of the ex-husband, exceptions in the imposition of the cost of livelihood the former wife and the period of the grant of a subsistence cost former wife in order to give legal certainty based on justice.