Jurnal Gender dan Hak Asasi Manusia

PERAN ORGANISASI INTERNASIONAL SEPERTI UNICEF DALAM MENANGANI ADANYA PERDAGANGAN ANAK

Hartana Hartana, Komang Mirah Anggunning, Ni Putu Rai Yuliartini — Sat, 01 Apr 2023 00:00:00 +0800

A child who has been born into the world and eventually grows up also has his own right to determine how he should live life and is free to make his choices not regulated, restrained, let alone deprived of his desire to do something else because they are also protected under the law as well as laws that there is. Because of that they don't deserve treatment at all, such as being objects of human trafficking where child trafficking has a lot of devotees and there are those who buy or order it so that the perpetrators incessantly definitely hunt to catch children out there who are victims. This requires assistance from large international organizations, especially to protect children from becoming victims and as UNICEF knows, they can embrace victims as saviors. As is well known, UNICEF itself is an organization that oversees children. Apart from UNICEF and other international organizations, the role of the state is very important to urge its people to act more carefully and the existing state government can create more security to help its citizens feel safe.

PERAN PENTING INTERNATIONAL LABOUR ORGANISATION DALAM MELINDUNGI BURUH MIGRAN INDONESIA DARI KEKERASAN

Putu Sinta Dewi, Hartana Hartana — Sat, 01 Apr 2023 00:00:00 +0800

Human Rights (HAM) is a right that belongs to a person who has been attached to him since they are in the womb given directly by God Almighty as a gift, has the right to education, the right to be healthy, the right to embrace religion and so on. Indonesia, which is included in the 4 most populous countries in the world, must have high competitiveness in any field including the field of work, but as we know the increasing competition and narrowing employment opportunities are one of the factors of human resources in Indonesia have not made significant progress, as well as the factor of wages received under the UMR or not in accordance with the hard work of the workers and sometimes controlled by irresponsible people encourage people's thoughts to prefer to pit their fate in a country commonly called Indonesian Migrant Workers (PMI). According to the author's first-hand experience when writing this journal article, there are a number of restrictions that can be felt and may be taken into account more by future authors as they further hone their writing, since this writing undoubtedly contains flaws that need to be continually fixed.

PENGATURAN TENTANG PEMBATASAN DAN PELARANGAN EKSPOR OLEH WORLD TRADE ORGANIZATION (WTO): KAJIAN YURIDIS TERHADAP PERJANJIAN ANTARA INDONESIA DENGAN UNI EROPA

Hartana Hartana, Anggeraine Wulan Aji Tabah, Dewa Gede Sudika Mangku — Sat, 01 Apr 2023 00:00:00 +0800

Indonesia must comply with the provisions of multilateral trade agreements negotiated in the World Trade Organization (WTO) as a result of the ratification of the WTO agreement in 1994. The coherence of Indonesia's trade policies in relation to the WTO agreements is often questioned by other WTO members. In this case, the policy of limiting the export of raw materials, especially nickel, was opposed by the European Union at the WTO at the end of 2019. The European Union sued a number of restrictions that were seen as contradictory to Article XI (1) of the General Agreement on Tariffs and Trade 1994 (GATT 1994). In addition, the export restriction policy has undergone several changes in the past. This research is intended to analyze the application of restrictions and bans on exports by studying the agreements between Indonesia and the European Union.

G20 SEBAGAI AJANG PERDAGANGAN INTERNASIONAL DALAM PERSPEKTIF HUKUM ORGANISASI INTERNASIONAL

Made Nirmala Dewi Sastradi Putri, I Made Indra Dwi Putra Suastawan — Sat, 01 Apr 2023 00:00:00 +0800

An international organization which is clearly a national law, as a forum for cooperation between countries, has legal status, duties and authority in the sense that an international organization is a legal entity in international law. From the point of view of international relations, international cooperation and international cooperation deal with various national interests of various countries and nations, which cannot be carried out in their own countries. The main problem of international cooperation depends on the extent to which mutual benefits can be obtained from cooperation. The results of this study show how the implementation of international trade is quite complex. This is because buyers and sellers are separated by national borders, differences in languages, currencies, ratings, trade standards and laws, and the goods to be shipped must go through several rules and restrictions. Behind the complexity, international trade actually benefits the country's economy, because international trade is an important part of every country's economic growth.

PERAN ORGANISASI INTERNASIONAL DALAM PEMELIHARAAN PERDAMAIAN

Desak Anggun Amorrolin Monica, Putu Arya Suarnata — Sat, 01 Apr 2023 00:00:00 +0800

It is undeniable that no country in this world can live alone, without any relationship with other countries. The social function of a country towards other countries is very large, therefore the existence of an organization is very necessary. International organizations function as a forum for countries to channel their aspirations and interests. International organizations as one of the subjects of international law is a forum that brings together countries to carry out international cooperation. The development of international organizations is felt to be progressing very fast, both quantitatively and qualitatively, this is felt by the international community. This international organization is not only for increasing the interests of countries in the world in all fields, but also for creating a more secure and peaceful atmosphere in the international environment.

IMPLEMENTASI PERLINDUNGAN KONSUMEN ATAS HAK KEMBALIAN YANG DIGANTI PERMEN OLEH TOKO SWALAYAN DI KOTA SINGARAJA

Ketut Ade Candra Guna Pratama, Dewa Gede Sudika Mangku, Si Ngurah Ardhya — Wed, 01 Mar 2023 00:00:00 +0800

This study aims to find out (1) how the legal protection for consumers relates to the return of leftover shopping money with goods in the form of candy in terms of Law No. 8 of 1999 concerning Consumer Protection and (2) find out what the legal consequences are regarding the actions of business actors who make returns money left over spending with goods in the form of candy. The type of research used by researchers is empirical legal research. The nature of the research used is descriptive research. The data and data sources used are (1) primary data, namely data obtained directly from the source, by observing and interviewing the subject. (2) secondary data, namely data obtained through a second source as a complement to primary data. Data collection techniques used by researchers; (1) observation technique (2) interview technique and (3) document study. The sampling technique used in determining the sample is non-probability sampling, the form of applying this non-probability sampling technique is purposive sampling. Data processing techniques and data analysis using qualitative research. The results of the research that have been obtained are (1) that based on the results of research on 5 samples of consumers in Singaraja City there are still people who do not or do not yet know the existence of the UUPK, regarding consumer rights to get a refund in cash (2) based on the results of interviews with parties Office of Cooperatives and Micro, Small and Medium Enterprises, Government Industry and Trade, settling a dispute against a supermarket in Singaraja City, through non-litigation (outside court) dispute resolution, but the Office of Cooperatives and Micro, Small and Medium Enterprises, Government Industry and Trade , conducting guidance on Supermarkets that provide change in the form of candy.

EFEKTIVITAS PEMBINAAN BAGI NARAPIDANA DAN IMPLIKASINYA TERHADAP OVER CAPACITY DI LEMBAGA PEMASYARAKATAN KELAS II B SINGARAJA

Putu Devi Komala Arisna Putri, Ni Ketut Sari Adnyani, I Wayan Landrawan — Wed, 01 Mar 2023 00:00:00 +0800

The purpose this article is to examines and analyzes the effectiveness of coaching for Correctional Institutions Class II B Singaraja, from the mechanism of implementing the coaching carried out, the obstacles faced when fostering prisoners in the Correctional Institution, and the handling efforts made in overcoming these obstacles. This type of research is empirical juridical, which is descriptive qualitative. The research location at Correctional Institutions Class II B Singaraja, This research uses techniques of study of documents, observations, and interviews. The sampling technique nonprobability sampling technique, in the form of purposive sampling. The discussion results are 1) The mechanism used in the implementation of coaching is in accordance with the provisions of Undang-undang Nomor 22 Tahun 2022 by doing personality development and independence development for prisoners.2) In Correctional Institutions Class II B Singaraja, there are problems experienced is the less level of discipline, the less participation of prisoners, insufficient facilities and infrastructure, less number of human resources, funding problems, and over capacity of the Correctional Institution. 3) To handle these problems, the treatment efforts carried out are transferring prisoners, imposing sanctions for violators, accelerating parole, proposing additional officers, and submitting a budget to the center.

IMPLEMENTASI KETENTUAN PASAL 4 HURUF (g) jo PASAL 7 HURUF (c) UNDANG-UNDANG NOMOR 8 TAHUN 1999 TENTANG PERLINDUNGAN KONSUMEN TERKAIT ADANYA DISKRIMINASI DALAM HAL PENENTUAN HARGA TERHADAP KONSUMEN TERTENTU (Studi Kasus Di Pasar Merta Sari Candikuning, Bat

Ni Putu Rosalia Niti Asmarayanti, Si Ngurah Ardhya, Ni Ketut Sari Adnyani — Wed, 01 Mar 2023 00:00:00 +0800

This study aims to (1) find out the implementation of the provisions of Article 4 letter (g) UUPK in conjunction with Article 7 letter (c) regarding discrimination in terms of pricing towards certain consumers at Merta Sari Candikuning Market, (2) find out the legal consequences for business actors who commit acts of discrimination in terms of pricing towards certain consumers at Pasar Merta Sari Candikuning. The type of research used is empirical juridical research and is descriptive in nature. The sources of legal materials used are (1) primary data, namely data obtained directly from the source, by means of observation and interviews, (2) secondary data, namely data obtained through a second source as a complement to the primary data. The data collection techniques used were (1) observation techniques, (2) interview techniques, (3) document studies. The sampling technique used is non-probability sampling technique, the form of applying non-probability sampling technique is purposive sampling. Data processing techniques and data analysis using qualitative research. The results of this study show that at Merta Sari Candikuning Market there is true discrimination in terms of price fixing by business actors against certain consumers, consumers and business actors do not know about UUPK due to lack of socialization from the government and officials at Merta Sari Candikuning Market, so that the existence of UUPK is indeed there is, but the implementation in society is still lacking, therefore there are no legal consequences given to business actors related to price discrimination.

IMPLEMENTASI RESTORATIVE JUSTICE PADA KASUS KECELAKAAN LALU LINTAS (STUDI KASUS DI POLRES BULELENG)

Kadek Astiti Narayani, Ni Putu Rai Yuliartini, Dewa Gede Sudika Mangku — Wed, 01 Mar 2023 00:00:00 +0800

This study aims to (1) examine and analyze the application of restorative justice in traffic accident cases at the Buleleng Police; and (2) examine and analyze the obstacles and challenges faced by the police in resolving criminal cases in traffic accident cases with restorative justice. In this study, the type of research used is empirical legal research using descriptive research characteristics. The data and data sources used are primary data and secondary data consisting of primary legal materials, secondary legal materials, and tertiary legal materials. The data collection techniques used were document study techniques, observation techniques, and interview techniques. The sampling technique used is a non-probability sampling technique and the determination of the subject uses a purposive sampling technique. Furthermore, the data obtained was processed and analyzed qualitatively. The results of the study show that, (1) Settlement of traffic accident cases using a restorative justice approach in the jurisdiction of the Buleleng Police has been carried out for the minor accident category through a mediation process; and (2) The obstacle experienced by the Buleleng Police is the lack of public understanding of the applicable law and they still think that it is only the one who crashes that is wrong

IMPLEMENTASI PERLINDUNGAN HUKUM TERHADAP KARYA CIPTA BUKU DALAM HAL TERJADI PENGGANDAAN TANPA LISENSI YANG DILAKUKAN OLEH PELAKU USAHA FOTOKOPI DI KOTA SINGARAJA

Wed, 01 Mar 2023 00:00:00 +0800

This study aims to determine (1) Legal protection for copyrighted works of copying books without a license for commercial purposes by photocopying business actors in Singaraja city, (2) Legal consequences for photocopying business actors who reproduce books without a license for commercial purposes in Singaraja city. The technique of determining the sample from this research is purposive sampling. The type of research used is empirical legal research. Data processing and analysis was carried out in a qualitative descriptive manner. Based on this research, it can be seen that (1) the implementation of legal protection for copyrighted books related to the duplication carried out by photocopying business actors in the city of Singaraja has not been implemented and implemented properly, this can be seen from the weak enforcement and legal awareness of the community which also greatly affects the parties for duplicating books. (2) The legal consequences if the photocopying business actor performs commercial copying of books is a fine and imprisonment. As regulated in article 113 paragraph (3) and paragraph (4) UUHC.

PERLINDUNGAN HUKUM TERKAIT PELAKSANAAN VISUM ET REPERTUM BAGI ANAK DAN PEREMPUAN KORBAN KEKERASAN SEKSUAL DI KABUPATEN BULELENG

Komang Ayu Dita Febriyani, Ni Putu Rai Yuliartini, Dewa Gede Sudika Mangku — Wed, 01 Mar 2023 00:00:00 +0800

This study aims to (1) find out how the form of legal protection for the Regional Government of Buleleng Regency for Visum Et Repertum services for children and women victims of sexual violence, (2) find out how the obstacles encountered in implementing Visum Et Repertum in Buleleng Regency. The type of research used in this research is empirical legal research. Data collection techniques using document study techniques, observation techniques, and interviews. The subject in this study is the Regional Government of Buleleng Regency. Processing techniques and data analysis is descriptive qualitative. The results of the study show that (1) the implementation of free Visum Et Repertum in Buleleng Regency for victims of violence against women and children is currently not in accordance with the Regional Regulations of Buleleng Regency in Article 11 Paragraph 3 which states that post-mortem services are carried out without charge, (2) There are obstacles that faced by the Regional Government of Buleleng Regency in providing legal protection. The first obstacle is limited budgetary funds from P2KBP3A Buleleng Regency, the second obstacle is the lack of human resources who are experts in providing treatment to victims of sexual violence, the last obstacle is the psychological condition of the victims which makes it difficult to obtain information from the victims themselves.

IMPLEMENTASI PERLINDUNGAN HUKUM TERHADAP PEREMPUAN KORBAN KEKERASAN DALAM RUMAH TANGGA DI KABUPATEN BULELENG

Made Karlini, Made Sugi Hartono, Muhamad Jodi Setianto — Wed, 01 Mar 2023 00:00:00 +0800

Over the past five years, domestic violence against women in Buleleng Regency has still not shown a significant decrease, although legal protection has been implemented repressively and preventively. This research aims to find out how the implementation of repressive and preventive legal protection provided to women victims of domestic violence in Buleleng Regency, as well as what are the obstacles in the implementation of legal protection using the Empiric.Method with qualitative research type, which explains the phenomenon or problem descriptively. There are several findings with the result that domestic violence in Buleleng Regency dominantly occurs against women (wives) with the type of physical violence caused by several causal factors, then this violence occurs repeatedly so that a cycle is reported by both the reporter and the victim, as well as the role of the police, and social institutions that are inseparable in providing legal protection both repressively, and preventively, as well as the obstacles experienced in providing legal protection. So, related to the implementation of legal protection for women victims of domestic violence in Buleleng Regency, protection has been carried out both repressively and preventively but still has not provided maximum and significant results in reducing the number of domestic violence in Buleleng Regency because the implementation of preventive legal protection is still not on target, and in the implementation of legal protection provided there are still obstacles both in terms of handling and from the facilities and infrastructure provided.

TINJAUAN YURIDIS PEWARISAN ANAK ANGKAT PEREMPUAN ADAT BATAK TOBA BERDASARKAN PUTUSAN MAHKAMAH AGUNG NOMOR 179/K/SIP/1961

Yosafat Solver, Ketut Sudiatmaka, Ni Ketut Sari Adnyani — Wed, 01 Mar 2023 00:00:00 +0800

This study aims to find out and analyze related (1) judges' considerations in deciding cases related to inheritance in the Batak Toba indigenous people based on Supreme Court Decision Number. 179/K/Sip/1961; (2) background differences in Supreme Court Decision Number. 179/K/Sip/1961 with the Medan District Court Decision Number. 181/Pdt.G/2012/PN Mdn. This research is a normative legal research that uses statutory approaches, case approaches, and conceptual approaches. The legal materials used in this study are primary, secondary and tertiary legal materials which are useful for drawing conclusions relevant to the problems in this research. The results of the study show that (1) the judge's considerations in deciding cases related to inheritance in the Toba Batak customary community are based on Supreme Court Decision Number. 179/K/Sip/1961 is based on equal rights, which is to provide gender equality between the two parties in terms of inheritance within the realm of the Batak Toba indigenous people who previously adhered to a patriarchal kinship system; (2) Regarding differences in Supreme Court Decision Number. 179/K/Sip/1961 with the Medan District Court Decision Number. 181/Pdt.G/2012/PN Mdn was motivated by the parties to the dispute in the Medan District Court decision No.181/Pdt.G/2012/PN Mdn. where previously the disputing parties made an agreement regarding the unequal distribution of inheritance between one party and another.

TINJAUAN YURIDIS KEKERASAN DALAM RUMAH TANGGA DALAM PERSPEKTIF HUKUM ISLAM DAN UNDANG-UNDANG NOMOR 23 TAHUN 2004 TENTANG PENGHAPUSAN KEKERASAN DALAM RUMAH TANGGA” (Studi Putusan Nomor 138/Pid.Sus/2021/PN Sgr)

Syarif Hidayat, I Wayan Landrawan, Muhamad Jodi Setianto — Wed, 01 Mar 2023 00:00:00 +0800

This study aims to determine the legal protection of victims of domestic violence in the perspective of Islamic law and Law Number 23 of 2004 concerning the Elimination of Domestic Violence and to find out the judge's consideration of the decision Number 138 / Pid.Sus / 2021 / PN Sgr. The type of research used is normative law. This research is descriptive qualitative by using data in the form of primary legal materials and secondary legal materials as well as tertiary legal materials. Data collection techniques are carried out using document study techniques. The results of this study show that Islamic Law and Law Number 23 of 2004 have basically provided legal protection to victims of domestic violence. Islamic law has regulated the punishment of someone who act domestic violence. In addition, Law Number 23 of 2004 concerning the Elimination of Domestic Violence has regulated the punishment of someone who commits acts of domestic violence, namely in the criminal penalty of imprisonment for a maximum of 5 (five) years or a maximum fine of Rp. 15,000,000.00 (fifteen million rupiah). The judge considered that the defendant had committed a criminal act of domestic violence based on the facts revealed in the trial, the judge held that the perpetrator fulfilled the elements in accordance with Law Number 23 of 2004 and was sentenced to 1 month imprisonment. This consideration has been based on the actions of the defendant who has been deemed to meet the elements in accordance with Law Number 23 of 2004 concerning domestic violence.

ANALISIS YURIDIS PUTUSAN HAKIM DALAM PENERAPAN KETENTUAN PASAL PENYERTAAN PADA PERKARA TINDAK PIDANA KORUPSI (Studi Putusan Nomor 23/Pid.Sus-TPK/2018/PNSrg)

Devica Anjelina Purba, Made Sugi Hartono, Muhamad Jodi Setianto — Wed, 01 Mar 2023 00:00:00 +0800

In cases of criminal acts of corruption that occur it is not uncommon to involve articles of participation (deelneming), especially regarding participation (medepleger). This research is intended to analyze and obtain an overview of the requirements and to what extent a person's actions can be said to be a participating actor (medepleger) in corruption in Indonesia and to find out the judge's considerations in a corruption case in this case is court decision number 23/Pid .Sus-TPK/2018/PNSrg. This type of research is normative juridical research which is carried out by examining various types of formal legal provisions such as legislation, literature containing theoretical concepts which are then linked to the issues that are the subject of discussion and by using several approaches, namely the statutory approach. (statue approach), conceptual approach (conceptual approach) and case approach (case approach). In this study, an analysis was carried out using a qualitative method where this research was analyzed using a descriptive interpretation method. The results obtained from this study, namely the regulation regarding participation in article 55 paragraph (1) 1 of the Criminal Code are considered to be still good in its application because in practice there are still problems in determining the size of a person's actions to be declared as a participating actor or not. In decision number 23/Pid.Sus-TPK/2018/PNSrg the judge only outlined the chronology of the events the crime occurred so that he drew conclusions without paying attention to the role and capacity of the perpetrators. Mistakes related to the application of Article 55 paragraph (1) 1 of the Criminal Code in decision number 23/Pid.Sus-TPK/2018/PNSrg must be clearly proven so that the perpetrators can be held criminally responsible according to what was charged. However, in this decision the perpetrator did not fulfill the elements contained in article 55 paragraph (1) 1st of the Criminal Code but Article 56 of the Criminal Code.

ANALISIS YURIDIS TERHADAP PEMBUKTIAN SECARA ELEKTRONIK DALAM TINDAK PIDANA UJARAN KEBENCIAN

Anak Agung Ngurah Aditya Panji, Made Sugi Hartono, Ni Ketut Sari Adnyani — Wed, 01 Mar 2023 00:00:00 +0800

This study aims to find out and understand (1) the proof of hate speech cases in Indonesia and (2) the electronic verification process in hate speech crimes. This research is a normative legal research that uses statutory, conceptual and case approaches. The legal materials used are primary, secondary and tertiary legal materials. The results of the research show that (1) the evidence for hate speech cases in Indonesia, especially in the cases of Gus Adi and Muhamad Kece, has differences in the results of their decisions even though there is an element of hate speech which is evident from the indictments of each Public Prosecutor, each of whose charges there is Article 45 A paragraph (2) jo. Article 28 paragraph (2) RI Law No. 19 of 2016 concerning Amendments to RI Law No. 11 of 2008 concerning Information and Electronic Transactions. However, in giving a decision, each judge has a different view in sentencing. This is based on the testimony of witnesses, instructions, statements of the accused, connected with the evidence presented before the trial so that different legal facts are obtained. (2) In proving a crime, valid evidence according to Article 184 of the Criminal Procedure Code, namely witness statements, expert statements, letters, instructions; and the testimony of the accused. With regard to cases of hate speech on social or electronic media such as the case of Gus Adi through the Facebook platform and Muhamad Kece through the Youtube platform, the ITE Law regulates evidence other than what is regulated in Article 184 of the Criminal Procedure Code. Article 5 paragraph (1) of the ITE Law confirms that what is included as evidence is electronic information and/or electronic documents, and printouts of electronic information and/or electronic documents.

PENJAMINAN HAK-HAK NARAPIDANA LANJUT USIA DI LEMBAGA PEMASYARAKATAN KELAS II B SINGARAJA

Putu Cika Maysukma Wijaya, Ni Ketut Sari Adnyani, I Wayan Landrawan — Wed, 01 Mar 2023 00:00:00 +0800

The existence of this research is carried out with the aim of (1) knowing the guarantee of rights that the Correctional Institution can provide to elderly prisoners; and (2) to find out the legal consequences that exist when the guarantee of prisoners' rights is implemented. Furthermore, the type of study in this research is empirical juridical law which is based on the gap between law in book and law in action, namely the gap between theory and reality through the use of descriptive studies. This study was conducted at the Correctional Institution of Class II B Singaraja with the grouping of data collection in this research held with Non Probality Sampling technique and the data processed with qualitative as for the results of this study states that related to the guarantee of the rights of existing prisoners to elderly prisoners has or has not been fully implemented properly and adjusted to the existing and applicable laws and Regulations.

IMPLEMNTASI PERLINDUNGAN HUKUM OLEH PUSAT PELAYANAN TERPADU PEMBERDAYAAN PEREMPUAN DAN ANAK (P2TP2A) TERHADAP ANAK SEBAGAI KORBAN KEKERASAN (KABUPATEN BULELENG)

Putu Dian Apriliani, Ni Ketut Sari Adnyani, Made Sugi Hartono — Wed, 01 Mar 2023 00:00:00 +0800

This research is aimed at the implementation of legal safeguards implemented by the Integrated Service Center for Women and Children Empowerment of Buleleng Regency for children as victims of violence. The research that researchers apply in this research is empirical juridical with the nature of descriptive research. This research was conducted at the Integrated Service Center for Women and Children Empowerment of Buleleng Regency. Regarding data collection techniques, non-probability sampling techniques were implemented in the form of purposive sampling techniques. The results of the research indicate that legal protection for child victims of violence can be implemented well, but not perfectly. This is indicated by the programming implemented by the Integrated Service Agency to empower women and children. However, many programs cannot be implemented due to limited financial and qualified human resources.

ANALISIS FAKTOR PENYEBAB RECIDIVE PENGGUNA NARKOTIKA DI LEMBAGA PEMASYARAKATAN KELAS IIB SINGARAJA DITINJAU DARI ASPEK KRIMINOLOGI

Ni Komang Sri Elia Nitriani, I Wayan Landrawan, Ni Ketut Sari Adnyani — Wed, 01 Mar 2023 00:00:00 +0800

This study aims to find and analyze the factors that lead to an increase in dependence on drug use, as well as the role of coaching in preventing drug addiction again. This study uses non-probability sampling in the form of purposive sampling in the sampling technique, and the type of research is empirical juridical. The research data was taken through the document study method, interview method, and observation or direct observation to the field where the research was conducted. The collected data were analyzed through qualitative analysis techniques. The results of research at the Singaraja Class IIB Correctional Institution show that internal factors, such as dependency and personality, and external factors, such as relationships, work, and family supervision, are factors that cause cases of relapse into drug use. So that the process of coaching given to inmates plays a very important role in the success of Correctional Institutions in reducing recidive cases of narcotics use. Coaching in correctional institutions can help people avoid re-using drugs by providing appropriate and firm personality and independence development so as to help achieve the goals of correctional. In addition, support from parents, family or the environment also influences the personality of prisoners so that they do not fall back into drug use.

IMPLEMENTASI PASAL 39 UNDANG-UNDANG NOMOR 16 TAHUN 2019 TENTANG PERKAWINAN TERKAIT SAHNYA SUATU PERCERAIAN YANG HANYA DILAKUKAN DI KANTOR KEPALA DESA (Studi Kasus Di Desa Sari Mekar, Kabupaten Buleleng)

Kadek Losiana, Komang Febrinayanti Dantes, Ni Putu Rai Yuliartini — Wed, 01 Mar 2023 00:00:00 +0800

This study aims to find out and analyze the legality of a divorce that is only carried out at the Village Head's Office and the legal consequences of a divorce that is only carried out at the Village Head's Office in Sari Mekar Village, Buleleng Regency, in implementing Law Number 16 of 2019 concerning Marriage. The type of research used is empirical legal research with the nature of descriptive research. This research was conducted in Sari Mekar Village, Buleleng Regency. The sampling technique used is the Non-Probability Sampling technique in the form of purposeful Sampling. Data collection techniques were carried out by means of observation, documentation studies, and interviews with the Head of Sari Mekar Village and one of the Judges at the Singaraja District Court, as well as the community in Sari Mekar Village who carried out the divorce at the Village Head's Office. Processing techniques and data analysis on a qualitative basis by analyzing data based on the information obtained The results of the study show that the application of Article 39 of the Marriage Law has not been properly actualized because there are still some village communities that carry out divorces only up to the village level by requesting a divorce statement at the Village Head's Office. The legal consequences arising from the existence of a divorce, which is only carried out at the Village Head's Office, are that the status of the divorce is invalid or that the marriage bond that occurred before has not been legally broken so that it is still bound by rights and obligations like husband and wife. In addition, divorces that are only carried out at the Village Head's Office will have an impact on the spouses and children and are related to the distribution of assets by both parties.