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p-Index From 2021 - 2026
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All Journal Jurnal Hukum Prasada Protection: Journal Of Land And Environmental Law
I Wayan Rideng
Universitas Warmadewa, Indonesia
Environmental Science Law, Crime, Criminology & Criminal Justice

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Implementation of Detailed Spatial Planning in Business Licensing in The Singaraja Urban Area Desak Komang Sri Adnyani; I Wayan Rideng; Ni Komang Arini Styawati
Jurnal Hukum Prasada Vol. 12 No. 2 (2025): Jurnal Hukum Prasada
Publisher : Magister of Law, Post Graduate Program, Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/jhp.12.2.2025.90-103

Abstract

This study analyzes the implementation of a detailed spatial plan integrated with the business licensing system in the urban area of Singaraja, which is now run through the Online Single Submission Risk Based Approach (OSS RBA) system. The purpose of this study is to analyze the mechanism for implementing business licensing and examine the legal consequences for business actors who do not comply with the provisions of the RDTR. The method used is empirical legal research with a legislative, sociological, and analytical approach. Data were obtained through interviews, observations, and document studies at the Investment and One-Stop Integrated Service Office, the Public Works and Spatial Planning Office of Buleleng Regency and several business actors in the urban area of Singaraja. The results of the study show that normatively and administratively, the implementation of Buleleng Regent Regulation Number 5 of 2021 has increased licensing efficiency and service transparency. However, its implementation has not been fully effective, as seen from the ongoing violations of the RDTR, weak law enforcement, and incomplete integration of the RDTR with the KBLI in the Online Single Submission Risk Based Approach (OSS RBA). Violations of the provisions of the RDTR can result in legal consequences in the form of administrative sanctions. However, the sanctions have not been implemented effectively because they are still under review.
Legal Status Of Joint Land Ownership Rights In International Mixed Marriage Regimes Elisabeth Sanam; I Made Suwitra; I Wayan Rideng
Protection: Journal Of Land And Environmental Law Vol. 5 No. 1 (2026): Protection: Journal Of Land And Environmental Law. (July – October 2026)-In Pre
Publisher : PT Keberlanjutan Strategis Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38142/pjlel.v5i1.1966

Abstract

This research aims to analyze the legal status of land ownership rights acquired during international mixed marriages as joint property and to formulate a resolution for the normative conflict between the marriage regime and the principle of nationality. This study employs a normative legal research method with statutory, conceptual, and case approaches, utilizing legal materials collected through library research. The results indicate that land ownership rights in mixed marriages remain strictly subject to the nationality principle under the Basic Agrarian Law (UUPA); thus, while civil law may consider it joint property, the involvement of a foreign spouse cannot be recognized in land ownership rights. The study concludes that the normative conflict is resolved through the principle of lex specialis derogat legi generali, positioning the UUPA as a specific law that overrides general marriage provisions. To ensure legal certainty, it is essential to implement preventive protection through prenuptial agreements and repressive protection through rights relinquishment mechanisms.
Supervisory Function of Regional House of Representatives Over Regional Heads in Indonesia I Putu Suastika; I Wayan Rideng; Ni Komang Arini Setyawati
Protection: Journal Of Land And Environmental Law Vol. 5 No. 1 (2026): Protection: Journal Of Land And Environmental Law. (July – October 2026)-In Pre
Publisher : PT Keberlanjutan Strategis Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38142/pjlel.v5i1.2090

Abstract

This study examines how Indonesian law regulates the supervisory authority of the regional house of representatives over regional heads, and identifies the forms through which that supervision is exercised. The issue arises because the governing statute confers a supervisory function without attaching binding force to its outcomes, so the same institution acts simultaneously as a co-maker of policy and as its supervisor. The research applies a normative legal method combining statutory and conceptual approaches, drawing on the 1945 Constitution, Law Number 23 of 2014 on Regional Government and its implementing regulations, analysed descriptively and qualitatively through grammatical and systematic interpretation. The findings show that the supervisory function rests on attributive authority granted directly by the legislature and covers the implementation of regional regulations, regional head regulations, regional budgets, related legislation, and the follow-up to state audit findings. Supervision operates preventively through deliberation on draft regulations and budgets, and repressively through working meetings, public hearings, field visits, accountability reports, and the rights of interpellation, inquiry and expression of opinion. Such supervision is political and institutional rather than executorial, so its effectiveness depends on norms obliging regional heads to act upon supervisory recommendations.
Co-Authors Desak Komang Sri Adnyani Elisabeth Sanam I Made Suwitra I Putu Suastika Ni Komang Arini Setyawati Ni Komang Arini Styawati