Article Per Year (5 Year)
p-Index From 2021 - 2026
0.408
P-Index
This Author published in this journals
All Journal Journal Equity of Law and Governance
I Nyoman Putu Budiartha
Doctor of Law Study Program, Postgraduate Program Warmadewa University, Denpasar, Indonesia
Law, Crime, Criminology & Criminal Justice

Published : 2 Documents Claim Missing Document
Claim Missing Document
Check
Articles

Found 2 Documents
Search

 1 
Arrangements of Space Utilization Control in Tourism Areas Based on Justice and Local Wisdom in Realizing Community Welfare I Gusti Ngurah Muliarta; I Nyoman Putu Budiartha; I Gusti Bagus Suryawan
Journal Equity of Law and Governance Vol. 3 No. 2
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/elg.3.2.8461.97-104

Abstract

This study delves into the regulation of space utilization control in tourism areas, exploring its nature, legal aspects, and models based on Law No. 6/2023. The main legal queries addressed are the nature of these regulations, their alignment with Ratio Legis, and proposing a model for justice-based control in tourism space. Employing a normative legal research methodology, this study adopts statutory, conceptual, legal historical, philosophical, and comparative legal approaches. Primary, secondary, and non-legal materials are used for analysis. The research concludes that controlling space utilization in tourism areas involves fairness and local wisdom, emphasizing alignment with societal values while addressing governmental, business, and community needs. Ratio Legis under Law No. 6/2023 simplifies licensing to foster employment opportunities and community economic growth, overriding zoning regulations. The proposed control model emphasizes; regulating activities based on space suitability, providing incentives and disincentives, aligning with local wisdom values, and imposing sanctions for compliance. This research contributes insights for just and locally rooted control mechanisms, ensuring community welfare while harnessing the potential of tourism spaces in harmony with societal values and legal regulations.
Legal Liability of Corporations on License Violating in Utilizing Coastal Border For Sustainable Tourism Development in Bali Province Gede Agung Wirawan Nusantara; I Nyoman Putu Budiartha; I Nyoman Gede Sugiartha
Journal Equity of Law and Governance Vol. 3 No. 2
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/elg.3.2.8477.128-133

Abstract

Legal liability for corporations that violate permits for using coastal borders for sustainable tourism development in Bali Province aims to examine the effectiveness of law enforcement against violations committed by corporations in utilizing coastal border areas. This research uses empirical legal research. The problem approaches used in this research proposal are the legislative approach, case approach, sociological approach, historical approach, and comparative legal approach. A comparative legal approach is carried out by comparing legal regulations in other countries, namely Canada, Norway, and Japan which have long coastlines. The philosophical basis for regulating corporate responsibility for violating permits in utilizing coastal borderline provisions in the 2nd and 5th principles of Pancasila. The effectiveness of law enforcement against permit violations by corporations in utilizing coastal border provisions for sustainable development is ineffective considering that cases of coastal border violations have not been resolved in accordance with normative provisions. The formulation of legal liability for corporations that violate coastal border permits for sustainable development is carried out with consideration of sustainable tourism development, which requires the formulation of non-litigation resolution of coastal border permit violations, namely with a Restorative Justice model mechanism.
Co-Authors Gede Agung Wirawan Nusantara I Gusti Bagus Suryawan I Gusti Ngurah Muliarta I Nyoman Gede Sugiartha