scholarly journals HAK WARISAN DAN HUBUNGANNYA DENGAN DAHA TUA MENURUT HUKUM ADATA BALI

2015 ◽  
Vol 4 (2) ◽  
Author(s):  
Ni Ketut Sri Ratmini
Keyword(s):  
Feminist Theory ◽  
Young Women ◽  
Customary Law ◽  
Legal Research ◽  
The Third ◽  
Kinship System ◽  
Inheritance System ◽  
The Status ◽  
To Receive

This study aims to answer the question of how the law of inheritance and relationship with  daha tua under customary law Bali. After doing legal research by reviewing a number of normative rules of customary law relating to inheritance and the results were analyzed with the theory of the legal system, justice theory and feminist theory, then we can conclude the nature of inheritance under customary law Bali is the process of transfer of the assets, debts, obligations and the responsibility of the heir to the heir to consider whether the position as purusa or not as Purusa. This is in accordance with the kinship system adopted by indigenous people in Bali are patrilineal, where applicable three inheritance system that is individual, collective and mayorat. Daha tua in Bali inheritance under customary law is largely determined by its status as Purusa or not. Daha tua is purusa, if it does not have siblings (only child), where his right to inheritance is the same as a boy with the status of Purusa. If the status is not an daha tua purusa then heritage inadmissibility under customary law as contained in the Bali awig awig and Main Assembly decision Pakraman (MUDP) is the same as the young women who have not married, are only entitled to use the property in order to get rich from their parents as the soul of funds or property that are used to maintain its viability. Subsequent developments MUDP Assembly decided, a woman is entitled to receive half of the inheritance rights purusa after the third cut to inheritance and preservation of the interests of all the women were not converted and lawlessness on their parents. Inheritance received daha parents also depends on the role of the structure that has the authority to regulate the provision of such heritage Pakraman and Village Main Assembly. Furthermore, it is suggested to indigenous villages are advised to adopt decisions in the Great Assembly awig awig as stated in the decision Majelis Utama Desa Pakraman

scholarly journals Intracranial Venous Hypertension and Venous Sinus Stenting in the Modern Management of Idiopathic Intracranial Hypertension

Life ◽  
2021 ◽  
Vol 11 (6) ◽  
pp. 508
Author(s):  
Robert K. Townsend ◽  
Kyle M. Fargen
Keyword(s):  
Intracranial Hypertension ◽  
Young Women ◽  
Idiopathic Intracranial Hypertension ◽  
Venous Hypertension ◽  
Venous Sinus ◽  
Venous Outflow ◽  
The Status ◽  
Insight Into ◽  
Symptom Recurrence

Idiopathic intracranial hypertension (IIH) is a debilitating condition that has traditionally been difficult to treat. In recent years, there has been increasing focus on the role of intracranial venous hypertension in the pathophysiology of IIH. Based on increased understanding of this pathophysiology, venous sinus stenting (VSS) has emerged as a safe and reliable treatment for a certain population of patients with IIH. Stratifying patients with IIH based on the status of their venous outflow can provide insight into which patients may enjoy reduction in their symptoms after VSS and provides information regarding why some patients may have symptom recurrence. The traditional view of IIH as a disease due to obesity in young women has been cast into doubt as the understanding of the role of intracranial venous hypertension has improved.

scholarly journals Customary Institutions in the Kei Indigenous Community Against Criminal Case Resolution

2020 ◽  
Vol 3 (1) ◽  
pp. 26-35
Author(s):  
Rudini Hasyim Rado
Keyword(s):  
Social Justice ◽  
Data Analysis ◽  
Customary Law ◽  
Primary Data ◽  
Criminal Cases ◽  
Legal Research ◽  
The Family ◽  
Family Level ◽  
Traditional Institutions

This research is focused on exploring the values of Kei customary law on the settlement of criminal cases that are resolved through customary institutions, by proposing 2 (two) problems, First, how is the existence of the law customary criminal Kei? Second, what is the role of customary institutions in the settlement of criminal cases? This research uses non-doctrinal legal research methods with interviews and observations as primary data. Meanwhile, data analysis is inductive and qualitative. It can be concluded that (1) the formal customary law of Kei is the values that live in the community that are agreed upon and are binding on the community, where the settlement of customary Kei crimes is taken in stages starting from the family level, customary institutions (Soa, Orang Kai and the last tier of Rat). (2) the role of traditional institutions in the settlement of criminal cases is starting to strengthen in society, this is indicated by the level of compliance with decisions and sanctions that are stipulated. People believe that customary cases are resolved by “insiders” (customary institutions) through deliberation (dok Tasdov) with a local wisdom approach to create social justice.

scholarly journals Kepastian Hukum mengenai Penjamin Simpanan bagi Nasabah pada Lembaga Perkreditan Desa di Bali

2020 ◽  
Vol 9 (4) ◽  
pp. 572
Author(s):  
Dewa Putu Adnyana ◽  
I Ketut Sudantra
Keyword(s):  
Legal Protection ◽  
The State ◽  
Customary Law ◽  
State Law ◽  
Legal Certainty ◽  
Legal Research ◽  
Conceptual Approach ◽  
Law System ◽  
Legal Rules

The regulation of legal protection for customers who have savings funds in village financial institutions (LPD) is unclear. This causes no legal certainty for customers if the LPD experiences financial problems. The existence of LPDs in Bali is regulated in two types of legal rules, namely state law and customary law (legal pluralism). Analyzing the legal certainty aspects of deposit guarantor in statutory regulations and customary law is the aim of this research. This study uses a normative legal research methodology. This study uses two types of approaches namely, the statute and the conceptual approaches. The legal materials chosen as the basic analysis are primary and secondary legal materials. The conclusion of this study shows that the role of state law is more dominant than customary law. The above conclusion is shown by the fact of the research that most of the matters related to the technical operations of the LPD are regulated by the state law, in this case, is regional regulation about LPD. Based on the results of the study on the norms of local regulations on LPD and the nine awig –awig as a form of customary law from representatives of the nine regencies and city in Bali, there is no regulation on deposit guarantor institutions for LPD customers in Bali to provide legal protection. So that, regulating LPDs in Bali with two legal systems, namely the state law and the customary law system, does not guarantee legal certainty for the safety of customer's deposits. Pengaturan perlindungan hukum bagi nasabah yang mempunyai dana simpanan  di Lembaga Perkreditan Desa (LPD) saat ini tidak jelas. Hal ini menyebabkan tidak ada kepastian hukum bagi nasabah apabila LPD mengalami masalah keuangan. Keberadaan LPD di Bali diatur dalam dua jenis aturan hukum yaitu hukum negara dan hukum adat  (pluralisme hukum). Mengkaji aspek kepastian hukum penjamin simpanan  dalam setiap norma dalam peraturan perundang-undangan serta dalam hukum adat merupakan tujuan penelitian ini. Penelitian ini menggunakan metode penelitian hukum doktrinal (normatif). Penelitian ini menggunakan dua jenis pendekatan yaitu pendekatan peraturan perundang-undangan (statute approach), dan pendekatan konsep (conceptual approach). Adapun bahan hukum yang dipilih sebagai dasar analisis adalah bahan hukum primer dan bahan hukum sekunder. Kemudian kesimpulan dari penelitian ini menyebutkan bahwa dua sistem hukum dalam pengaturan LPD di Bali menunjukkan peran hukum negara lebih dominan daripada hukum adat.  Kesimpulan ini ditunjukkan oleh fakta penelitian yang ditemukan bahwa sebagian besar hal yang berkaitan dengan teknis operasional LPD yang merupakan satu-satunya organisasi keuangan milik Desa Adat di Bali diatur oleh hukum negara dalam hal ini diatur dalam peraturan daerah tentang LPD. Kemudian, berdasarkan hasil kajian terhadap norma peraturan daerah tentang LPD dan terhadap sembilan awig–awig sebagai bentuk hukum adat dari perwakilan Kabupaten dan Kota di Bali, tidak ada ditemukan pengaturan tentang lembaga penjamin simpanan bagi nasabah LPD di Bali untuk memberikan perlindungan hukum. Dengan demikian pengaturan LPD di Bali dengan dua sistem hukum yaitu hukum negara dan sistem hukum adat ternyata tidak menjamin kepastian hukum bagi keamanan dana simpanan para nasabah. 

scholarly journals Moronene Indigenous Recognition and Protection Regulation Hukaea Laea in Bombana County

2021 ◽  
Vol 5 (2) ◽  
pp. 160-166
Author(s):  
Bakri Sulaiman
Keyword(s):  
Indigenous Peoples ◽  
National Park ◽  
Customary Law ◽  
Legal Research ◽  
The Status ◽  
The Law ◽  
Park Area ◽  
Customary Land

Regulations on the Recognition and Protection of Customary Law Communities are not always effective. This study was to determine the concept of recognition and protection of the Customary Law Community in Rawa Aopa Watumohai National Park. This research is a normative legal research. The results of the research are First, the law still provides conditional recognition of indigenous peoples, which limits their space. second, that the recognition and protection of the customary MHA of Moronene Hukaea Laea in Bombana Regency has not been maximized. They have received recognition and protection through a recognition of perda, but their customary territory still has the status of designating a National Park Area, so they cannot use it as customary land.

The Status of Member States not Participating in the Euro

2001 ◽  
Vol 4 ◽  
pp. 293-314
Author(s):  
David O’Keeffe ◽  
Catherine Turner
Keyword(s):  
Economic And Monetary Union ◽  
Member States ◽  
The Third ◽  
The United Kingdom ◽  
Third Stage ◽  
The Status ◽  
Legal Position ◽  
The Uk ◽  
Heads Of State

In May 1998, the Council, meeting in the composition of Heads of State or Government, unanimously decided, in accordance with Article 121(2) EC, that eleven Member States fulfilled the necessary conditions to move towards the third and final stage of economic and monetary union (EMU) with the adoption of the single currency on 1 January 1999. This article will discuss the legal position of the Member States which did not initially progress to the third stage of EMU, in particular, the opt-outs exercised by the United Kingdom (UK) and Denmark. There follows an analysis of the extent of the UK and Danish opt-outs and the derogation which exists in relation to Sweden (and previously Greece) together with the role of these Member States in the new institutional framework as in operation from 1 January 1999. The current political discussions on the Euro taking place within the UK and Denmark will be highlighted.

scholarly journals The Role of the Prosecutor in Executing the Payment of Replacement Money

2020 ◽  
Vol 9 (3) ◽  
pp. 521
Author(s):  
I Gede Artha ◽  
Ni Nengah Adiyaryani
Keyword(s):  
The State ◽  
Third Party ◽  
Legal Basis ◽  
Legal Research ◽  
Judicial Process ◽  
The Third ◽  
Criminal Charge ◽  
Procedural Code ◽  
Financial Losses

This research is about the role of the Prosecutor as an executor in executing the assets of the convicts of corruption, to recover the State financial losses from corruption. Besides that, this research aims to know about the returning of State financial losses through the payment of replacement money. Corruption is an extraordinary crime, veiled and endanger national stability and security and inhibiting Indonesian economic development. This research is a normative legal research with primary, secondary and tertiary legal material supported by data. This research is using statutory, case, and comparative approaches. The legal basis used in this research are Law No. 31 of 1999 in conjunction with Law No. 20 of 2001, Law No. 16 of 2004 and Law No. 8 of 1981 (Indonesian Criminal Procedural Code). The corruption has become systematic and the scope enters into all aspect of life, start with the lower level with State Officers and law enforcers becomes the dominant actors. In imposing the sanction, The Judges are not only charge imprisonment but also charge additional fines and/or penalties to returning the State financial losses and ask the convicts of corruption to pay the replacement money to the State. The problem arises in this research related to the execution of the verdict about returning State financial losses which are the assets of the convicted person is already in the third party hands or have been depleted, dual population administration, the length of the judicial process, the convicted person prefers to take the subsidiary criminal charge and the hollow of norm regarding technical execution for the Prosecutors so that the execution cannot be carried out.

scholarly journals The Status of Transgender Men Heir in Patrilineal System of Adat Inheritance Law

Media Iuris ◽  
2020 ◽  
Vol 3 (1) ◽  
pp. 27
Author(s):  
Katherine Abidea Salim
Keyword(s):  
Sex Reassignment Surgery ◽  
Sex Reassignment ◽  
Legal Research ◽  
Inheritance Law ◽  
Biological Sex ◽  
Secondary Sources ◽  
Inheritance System ◽  
The Status ◽  
The Right ◽  
Transgender Men

Technology has enabled individuals with gender dysphoria - that is, those with a sense of incompatibility between gender and biological sex, to undergo sex reassignment surgery. Indonesia is one country which recognizes the right to legal recognition of sex reassignment. Nonetheless, the issue of sex change remains a taboo one in Indonesia, where religion and adat play important roles. Many Adat systems in Indonesia adopt a patrilineal inheritance system, where only sons may inherit, but have no established rules as to the ability of transgender men, born as women, to inherit. This article seeks to answer the question of whether transgender men have the right to a share of any, if at all, of their fathers’ inheritance. The author uses normative legal research using various sources of law, especially those found in statutes and regulations doctrines, and jurisprudences. In addition, secondary sources on Adat and inheritance law are used as supplementary sources. The research concludes that the change of biological sex does enable transgender men, who were prior to sex reassignment surgery not entitled to any inheritance, to inherit their fathers’ inheritance. This is owed to the fact that the ability to inherit in Indonesian Adat systems is concerned solely with the ability to carry family name, and not the ability to procreate as a man.

scholarly journals The orientation and characteristics of the inheritance agreement in China and Russia: comparative legal research

2021 ◽  
pp. 26-34
Author(s):  
Fan Li
Keyword(s):  
Legal Research ◽  
Ability To Work ◽  
Inheritance System ◽  
The Status ◽  
The Subject ◽  
The One

Recently, great changes have taken place in the inheritance agreement system in China and Russia. Article 1140.1 of CCRF has recognized inheritance agreement in 2019 instead of prohibiting it previously. In China, bequest support agreement is stipulated in legislation, and inheritance attendance agreement is recognized in judicature. Article 464 of the Contract Book of CCPRC of 2020 opens up the legal application of inheritance agreement.China’s inheritance system has its unique characteristics, for example, there is no difference between estate and legacy, the distinction between testamentary succession and bequest is based on whether the subject has the status of legal successor rather than the disposition of estate or legacy, there is no difference between successio in universumius and successio in singulas res, the heritage debt is the legal burden of positive heritage, heritage debt shall not be disposed of in a will, the bequest shall not be exempted from the heritage debt, there are only legal successors but no heir other than legal successors and testamentary successors are only legal successors who inherit by will, there is no forced share but an absolute necessary share for any successor who has neither the ability to work nor the source of income, and neither inheritance agreement nor gift contract is formal. All of those determine that its inheritance agreement must have many characteristics different from those of Europe.For example, there is a strict distinction between the bequest support agreement with non legal successor as supporter and the inheritance attendance agreement with legal successor as supporter; there is no inheritance renunciation agreement with valuable consideration positively, but the one with negative consideration that a renunciation of the inheritance right is in exchange for exemption of the specifi c performance of attendance; it is suffi cient that the donatio mortis causa has the effect of gift contract, and it is not necessary to act as the inheritance agreement.China’s orientation of the inheritance agreement is mainly with consideration and centered on support for the old, while Russia’s orientation is mainly without consideration and centered on the disposition of inheritance right in the designated inheritance agreement. In particular, China and Russia have launched a challenge to the doctrine that the effect of inheritance agreement is prior to that of will.

scholarly journals Hak Waris Laki-Laki Perkawinan Nyeburin dalam Hukum Adat Bali di Desa Adat Sawan Kabupaten Gianyar

2021 ◽  
Vol 2 (1) ◽  
pp. 147-152
Author(s):  
Ni Kadek Ratna Dewi ◽  
I Made Suwitra ◽  
Diah Gayatri Sudibya
Keyword(s):  
Legal Research ◽  
Conceptual Approach ◽  
Dry Land ◽  
Kinship System ◽  
The Status ◽  
Ownership Rights ◽  
Male Lineage

The kinship system that adheres to the Patrilineal system or better known to adhere to the male lineage system or in Balinese terms is commonly known as following the purus. Purusa will later become an heir and will inherit all the rights and obligations of his parents towards God. A Nyeburin marriage is the opposite if the wife has the status and position as purusa and the man has the status and position as pradana. This study aims to analyze the model of inheritance for boys who marry in Sawan Village, Gianyar Regency and explain the ownership rights to inheritance given by men in nyeburin marriages in Sawan Traditional Village, Gianyar Regency. The method used was empirical legal research, with a statutory and conceptual approach. Sources of data used were primary and secondary legal data. The results showed that the model of giving inheritance for boys who married in Sawan Village, Gianyar Regency was given a kind of gift in the form of dry land which was given to men who were willing to be son-in-law and to marry in order to give the property when the man -the man who agrees and agrees to do the marriage intercourse, then the land becomes the man's full right.

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