scholarly journals Keabsahan Perkawinan Ngerorod (Kawin Lari) di Desa Kelusa, Kabupaten Gianyar

2021 ◽  
Vol 2 (1) ◽  
pp. 184-188
Author(s):  
I Wayan Bayu Suta ◽  
I Nyoman Putu Budiartha ◽  
I Ketut Sukadana
Keyword(s):  
Research Method ◽  
Customary Law ◽  
Sociology Of Law ◽  
Legal Research ◽  
The Law ◽  
The Village

Today's Balinese customary law recognizes two ways to carry out a marriage, namely marrying by memadik (engaging) and marrying by means of Ngerorod (kawin lari). If during the engagement period the parents and families of both parties have the blessing, the marriage will be done by memadik. Conversely, if the engagement period does not get the blessing of the parents and family of one or both parties, while the couple has already fallen in love and it is no longer possible to be separated, then ngerorod is the only way to get married. This study aims to determine the validity of the Ngerorod marriage (kawin lari) in the village of Kelusa, and to determine the legal settlement of the Ngerorod marriage in the village of Kelusa. The research method used is an empirical legal research method with a sociology of law approach. The results showed that the legality of the ngerorod marriage that usually occurs in Kelusa village is that the man and the woman make a statement that the woman is legally in the house of the man she loves. The male family came to Bendesa Adat and Kelian Adat to discuss the ngerorod marriage, then the man picked up the woman in front of her house. Then, the legal settlement in the Ngerorod Marriage in Kelusa village was because the woman was still married to another person, after going through a sangkep (meeting) by the traditional village prajuru giving customary sanctions and being directed or obliged to legally divorce according to the provisions of the Law.

scholarly journals PERAN DESA ADAT DALAM TATA KELOLA LEMBAGA PERKREDITAN (LPD) DI BALI

2021 ◽  
Vol 5 (2) ◽  
pp. 580
Author(s):  
Mia Hadiati ◽  
Lis Julianti ◽  
Moody R Syailendra ◽  
Luthfi Marfungah ◽  
Anggraeni Sari Gunawan
Keyword(s):  
Informal Sector ◽  
Research Method ◽  
Conflicts Of Interest ◽  
Secondary Data ◽  
Customary Law ◽  
Primary Data ◽  
Microfinance Institutions ◽  
Credit Institution ◽  
Legal Research ◽  
The Village

LPD as one of the MicroFinance Institutions is very rapidly growing in Bali Province. LPD is said to be the business center of the informal sector. The existence of LPD as a credit institution in the village has been recognized based on customary law. In 2020 LPD in Bali amounted to about 1,433 LPD from a total of 1,485 Indigenous Villages in Bali which more served loans for villagers for various purposes. Therefore, in the management of LPD must be managed properly, correctly, transparency so that there is no misuse of LPD in its management and designation. The research method used in this research is normative-empirical legal research. This research is a blend of normative legal research and empirical legal research. Normative legal research is legal research that uses secondary data, while empirical legal research is legal research that uses primary data.  Based on the results of this pre-study can be concluded the occurrence of criminal acts of corruption committed both the Board and lpd managers cause disputes. Disputes conducted by lpd managers and managers cause conflicts of interest either between the manager with customary karma or between managers and managers both in the duties and functions of their authority. Disputes over customary issues in the Village within the scope of LPD either indicated that cause village losses or violations of applicable laws and regulations are often resolved through national law compared to customary law that applies in an LPD area. LPD sebagai salah satu Lembaga Keuangan Mikro sangatlah berkembang pesat di Provinsi Bali. LPD dikatakan sebagai pusat usaha sektor informal. Eksistensi LPD sebagai lembaga perkreditan di desa telah diakui keberadaannya berdasarkan hukum adat. Tahun 2020 LPD di Bali berjumlah sekitar 1.433 LPD dari total 1.485 Desa Adat di Bali yang lebih banyak melayani pinjaman bagi masyarakat desa untuk berbagai keperluan. Oleh karena itu didalam pengurusan LPD haruslah dikelola dengan baik, benar, transparansi agar tidak terjadi penyalahgunaan LPD di dalam pengelolaan dan peruntukannya. Metode penelitian yang digunakan dalam penelitian ini adalah penelitian hukum normatif-empiris. Penelitian ini merupakan perpaduan antara penelitian hukum normatif dan penelitian hukum empiris. Penelitian hukum normatif adalah penelitian hukum yang menggunakan data sekunder, sedangkan penelitian hukum empiris adalah penelitian hukum yang menggunakan data primer.  Berdasarkan hasil pra penelitian ini dapat disimpulkan terjadinya tindak pidana korupsi yang dilakukan baik itu Pengurus dan pengelola LPD menimbulkan sengketa. Sengketa yang dilakukan oleh Pengurus dan pengelola LPD menimbulkan konflik kepentingan baik antara pengurus dengan karma adat atau antar pengurus dan pengelola baik dalam tugas dan fungsi kewenangannya. Sengketa permasalahan adat di Desa dalam ruang lingkup LPD baik itu terindikasi yang menimbulkan kerugian desa ataupun pelanggaran Peraturan Perundang Undangan yang berlaku seringkali sengketa tersebut diselesaikan melalui hukum Nasional dibandingkan dengan hukum adat yang berlaku di suatu wilayah LPD.

TINJAUAN YURIDIS TERHADAP KEABSAHAN DAN KEKUATAN ALAT BUKTI JUAL BELI TANAH MENURUT HUKUM ADAT

2018 ◽  
Vol 1 (4) ◽  
Author(s):  
Tiar Ramon
Keyword(s):  
Supreme Court ◽  
Research Method ◽  
Customary Law ◽  
Legal Research ◽  
Strength Of Evidence ◽  
The Supreme Court ◽  
The Village

Land buying and selling according to customary law needs to know the validity and strength of the evidence, so that if a claim can be maintained in court. The formulation of the problem of this research is how a juridical review of the validity and strength of evidence of land buying and selling according to customary law. The research method used is normative legal research. The results of the discussion indicate that a juridical review of the validity of buying and selling according to customary law is legal as in the Supreme Court Jurisprudence Number 952k / Sip / 1974 that buying and selling is legal in fulfilling the requirements of customary law, in real, cash and known by the Head of Village / Head The village, while the strength of the evidence is that if the land is bought verbally, the strength of the evidence is free, whereas if done in writing, the strength of the evidence is the beginning and will be perfect if acknowledged by the parties or supported by other evidence tools such as evidence statement from 2 witnesses

scholarly journals Penyediaan Karang Memadu bagi Warga yang Berpoligami di Desa Adat Penglipuran Kabupaten Bangli

2020 ◽  
Vol 1 (1) ◽  
pp. 72-76
Author(s):  
Kharisma Nanda Sattwika ◽  
Diah Gayatri Sudibya ◽  
Ni Made Puspasutari Ujianti
Keyword(s):  
Cultural Values ◽  
Research Method ◽  
Human Life ◽  
Customary Law ◽  
Sociology Of Law ◽  
Legal Research ◽  
Tourist Destination ◽  
Marriage Patterns ◽  
The Government ◽  
Problem Formulations

The authority of the customary law community covers various fields of human life, including in the field of marriage. In the field of marriage, customary law community unity regulates its own marriage patterns as applied by customary law community unit in Penglipuran Adat Village, Bangli Regency, there are customary rules that forbid its citizens from polygamy by providing a place called coral combined for traditional village manners that do polygamy. The study examines two problem formulations namely how the marriage system in the Penglipuran traditional village, and what the function of the reefs is to integrate polygamy marriage in the Penglipuran traditional village. The research method used in this study is empirical legal research with the sociology of law approach. The results showed that the Penglipuran Indigenous Village implemented a Monogamy marriage system that had long been designed before it was published in Law Number 1 of 1974 concerning Marriage. Related to the function of coral reefs is to prevent polygamy marriages. The main goal is to give a woman's happiness as a wife. While the influence of the supply of coral blends is very effective because until now there are no residents who occupy the coral blends because there are no Penglipuran people who do polygamy. With this research it is expected that the Penglipuran Indigenous village should maintain and preserve the values ​​of its local wisdom, because the Indigenous Village of Penglipuran is a well-known tourist destination. In addition, the government should always provide guidance to village officers to maintain the preservation of cultural values.

scholarly journals Mengenal Karateristik Pengaturan Tanah Bengkok Di Indonesia

2018 ◽  
Vol 1 (1) ◽  
pp. 97-104
Author(s):  
Agung Basuki Prasetyo
Keyword(s):  
Research Method ◽  
Rice Fields ◽  
Customary Law ◽  
Fish Ponds ◽  
Legal Research ◽  
Dry Land ◽  
Land Regulation ◽  
The Village

Research Aims to find out the characteristics of crooked land regulation in Indonesia. The research method is legal research. the results of the study indicate that the Characteristics of Crooked Land Regulations in Indonesia can be explained through three bases, among them are about crooked land according to customary law, bent land according to Law number 5 of 1960 and crooked land according to Crooked Land according to Indonesian Law No. 6 of 2014. Crooked land has various forms, can be in the form of rice fields, dry land or in the form of fish ponds or ponds. The surrender of land is crooked to the village head and his device, but this will again be the village's right if the Village Head and his apparatus no longer hold office, so that the crooked land will be handed back to the Village Head and Village Equipment who replaced himPenelitian Bertujuan untuk mengetahui mengenal karateristik pengaturan tanah bengkok di Indonesia. Metode penelitian merupakan penelitian hukum. hasil penelitian menujukan bahwa Karateristik Pengaturan Tanah Bengkok Di Indonesia dapat dijelaskan melalui tiga dasar, diantaranya adalah tentang tanah bengkok menurut hukum adat, tanah bengkok menurut UU nomor 5 tahun 1960 dan Tanah bengkok menurut Tanah Bengkok Menurut Undang-Undang No. 6 Tahun 2014. Tanah bengkok memiliki bentuk yang bermacam-macam, dapat berupa tanah persawahan, tanah tegalan maupun berupa kolam ikan atau tambak. Penyerahan tanah bengkok kepada kepala desa dan perangkatnya, namun hal tersebut akan kembali menjadi hak desa jika Kepala Desa dan perangkatnya tidak menjabat lagi, sehingga tanah bengkok akan diserahkan kembali kepada Kepala Desa dan Perangkat Desa yang menggantikannya.  

scholarly journals Perkawinan yang Salah Satu Pihak belum Bercerai secara Sah di Desa Pohsanten

2020 ◽  
Vol 1 (2) ◽  
pp. 127-131
Author(s):  
Kadek Diki Putra Wardana ◽  
I Ketut Sukadana ◽  
Diah Gayatri Sudibya
Keyword(s):  
Marital Status ◽  
Research Method ◽  
Married Couples ◽  
Sociology Of Law ◽  
Legal Certainty ◽  
Legal Research ◽  
Village Level ◽  
The Village

Marriage for the second time can be carried out by the parties who have been married if there is legal certainty regarding the previous marital status. The incident in Pohsanten Village was that the separation of the marriage was carried out in the presence of the traditional Prajuru only. This research was conducted with the aim of describing the validity of the marriage which is carried out by married couples who have not legally divorced and how to resolve marriages in which one of the parties has not legally divorced. The research method used was an empirical legal research method with a sociology of law approach. The results of this study found that the legality of the marriage was actually not legal, but the results obtained in the Pohsanten Village stated that the marriage was legal because the woman covered her original status which was still valid with her first husband. In the settlement of the divorce case, Bendesa Adat carried out mediation which aims to find a solution. Because the husband is still working abroad, the divorce has only just been completed at the village level by making a divorce statement.

scholarly journals LEGAL FORCE OF INHERITANCE CERTIFICATES ISSUED BY THE VILLAGE HEAD AS THE BASIS FOR OBTAINING THE OWNERSHIP RIGHT TO LAND (IN BLIMBINGSARI VILLAGE, JEMBRANA REGENCY, BALI PROVINCE)

2021 ◽  
Vol 6 (1) ◽  
pp. 9-15
Author(s):  
Ni Putu Theresa Putri Nusantara ◽  
I Made Suwitra ◽  
I Nyoman Sujana
Keyword(s):  
Research Method ◽  
Land Rights ◽  
Customary Law ◽  
Legal Research ◽  
Inheritance Law ◽  
Village Community ◽  
Religious Law ◽  
Ownership Rights ◽  
The Village ◽  
Legal Force

This study examines the existence of the Bali customary law for the transfer of land rights in Blimbingsari Village, and examines function of the Inheritance Certificate for the transfer of rights to land through inheritance. The research method used in this study is an empirical law research. In this case the research uses empirical legal research conducted in Blimbingsari Village, Jembrana Regency. The results showed that the inheritance law that applies to Christian Balinese tribes in Blimbingsari Village, Jembrana, Bali is receptive to Balinese customary inheritance laws which should only be used for Hindus. In its implementation, it is not the Hindu religious law that was received by the Blimbingsari Village community but the Balinese customary inheritance law that was received. Moreover, legal force of a Certificate of Inheritance issued by the village head for the Christian Balinese community in Blimbingsari Village, Jembrana, Bali can be used as a basis in the transfer of ownership rights to the land for the heirs.  

The Law Enforcement Weakness of Songs and Musics Copyright Crimes

2021 ◽  
Vol 3 (1) ◽  
pp. 139-154
Author(s):  
Edi Tuahta Putra Saragih ◽  
Muhammad Citra Ramadhan ◽  
Isnaini Isnaini
Keyword(s):  
Law Enforcement ◽  
Research Method ◽  
Copyright Infringement ◽  
Copyright Law ◽  
Cultural Factor ◽  
Legal Research ◽  
The Real ◽  
The Law ◽  
Real Picture

This research aimed to: (a) obtain the forms of copyright infringement of songs and/or music (with or without lyrics); (b) understand the role of the police, in this case the Police Precinct, in the law enforcement; (c) identify the factors that influenced the law enforcement. The research method used the normative-empirical legal research, with the initial stages of specifying norms in order to get the proper picture, and then specifying empirical events in order to get the real picture. The research results showed several matters: 1) The forms of copyright infringement of songs and/or music (with or without lyrics) found included: the distribution of the works or the copies, the performances of the works, and the announcements of the works; 2) Police Precinct did notultimately carry out their role as a law enforcer for the copyright infringement of songs and/or music (with or without lyrics); and 3) The factors that influenced the law enforcement on the copyright infringement of songs and/or music (with or without lyrics), namely: legislation factor, in the matter of complaint offenses; law enforcement factor, in terms of the capacity of members; less supportive factor of facilities and infrastructure; legal awareness factor, in the problem of the lack of legal counseling; and cultural factor, related to the differences in norms in the copyright law between those in society and those in regulations. 

scholarly journals Konsepsi Hukum Progresif dalam Pengaturan Tindak Pidana Korupsi di Indonesia

2020 ◽  
Vol 1 (2) ◽  
pp. 35-39
Author(s):  
Efraim Mbomba Reda ◽  
I Nyoman Putu Budiartha ◽  
I Made Minggu Widyantara
Keyword(s):  
Law Enforcement ◽  
Criminal Law ◽  
Role Models ◽  
Research Method ◽  
Criminal Code ◽  
Legal Positivism ◽  
Sociology Of Law ◽  
Legal Certainty ◽  
Legal Research ◽  
Descriptive Method

Progressive law puts forward the sociology of law rather than legal certainty which is the focus of legal positivism. In Indonesia, this law was coined by Satjipto Rahardjo. This study aims to determine the formulation of progressive law in future criminal law, and to determine the actualization of the concept of progressive law in regulating corruption in Indonesia. The research method used is a normative legal research method with statute and conceptual approaches. The technique of collecting legal materials in this study is a descriptive method that aims to obtain the meaning of reality related to the problems to be discussed and solved in this study. The results show that in the current Criminal Code Bill, progressive law has been regulated, to be precise in Article 2 paragraph (1) and (2). Progressive law is also regulated in Law no. 48 of 2009 concerning Judicial Power. Then, the actualization of progressive law in regulating corruption in Indonesia is a judge with the powers that take into account the sociological context of society in making decisions. Judges, prosecutors and lawyers can certainly discuss together in eradicating corruption. Efforts are also being made to reconstruct and redefine the power of law enforcement. This arrangement can also encourage the KPK to be more progressive in eradicating corruption, as well as building law enforcers who have morality so that they can become role models and increase public participation, for example by forming NGOs in preventing or fighting corruption in various agencies.

scholarly journals The Certainty And Legal Protection To The Buyer's Auction Of The Mortgage Right Object On Online Auctions At The Service Of Wealth State Office And Auction (KPKNL)

Jurnal Akta ◽  
2018 ◽  
Vol 5 (2) ◽  
pp. 481
Author(s):  
Arif Budi Pamungkas ◽  
Djauhari Djauhari
Keyword(s):  
Research Method ◽  
Online Auctions ◽  
Legal Protection ◽  
Legal Certainty ◽  
Legal Research ◽  
The Public ◽  
State Office ◽  
The Law ◽  
The Right ◽  
The Way

An auction is an activity of selling of goods in public by means of a verbal-bid to get the higher price or to get lower prices and the price quote can be done in a closed and written. This is done by the way of collecting the prospective buyers of the auction led by officials of the auction. In this case, the intended auction was the sale of goods that are held publicly. The auction, according to the regulations of security right, is when the debtor made a breach, the holder of the security rights have the right to sell the security rights’ objects over its own power through a public auction as well as taking payment of account receivable from the sale proceeds. An auction is an alternative to the sale of an undertaken asset by way of inviting prospective buyers at a particular time and place in which the last highest bidder in writing or orally is determined as the winner. The author used socio-legal research as his research method. To meet the forth standards set by the law, the auction should be widely announced to the public, either through printed file, electronic or visual. A legal certainty as a basis which concerned with propriety and justice is very closely related to the principle of auction sales in another. As the formulation of the problem of the form of identification of the problem, namely how the legal protection of the auction buyers encountered the obstacles as well as the solution.Keywords: Auction; Legal Protection; Mortgage Right

scholarly journals Hak dan Kewajiban Krama Desa terhadap Karang Desa di Desa Adat Tumbu Karangasem

2021 ◽  
Vol 2 (1) ◽  
pp. 121-125
Author(s):  
Putu Aditya Palguna Yoga ◽  
I Made Suwitra ◽  
I Ketut Sukadana
Keyword(s):  
Research Method ◽  
Legal Research ◽  
Conceptual Approach ◽  
Mutual Cooperation ◽  
Interview Techniques ◽  
The Right ◽  
The Village ◽  
The Relationship ◽  
Legal Consequences

The relationship between the ruler and the land is closely related to obligations in the form of ayahan for village karma for both the banjar and the village. This study aims to determine the control of village coral and the legal consequences if there is village karma that neglects its obligations. The research method used in this research is empirical legal research with a conceptual approach. Data that has been collected through interview techniques. The results of this study indicate that the right for village krama who has carried out their obligations is to legally obtain Karang Desa land protected by the village. If Krama Desa dies, he will receive land. Meanwhile, the obligation of the village manners who occupy the village reef is obliged to take part in the village temple during the odalan fee in the form of pepesan money (klangsah palpalan penjor) and must be present at the time of mutual cooperation activities. Through this research, it is hoped that the village officers will socialize more often about Karang Desa, especially regarding their rights and obligations so that one day the Krama Desa who violates them will not be given sanctions.

Sign in / Sign up

Export Citation Format

Share Document