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All Journal Socius: Social Sciences Research Journal Media Hukum Indonesia (MHI)
Ni Luh Martiniasih
Program Pascasarjana Magister Hukum, Universitas Mahendradatta, Denpasar
Religion Arts Humanities Economics, Econometrics & Finance Education Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice

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Analisis Ultra Vires dalam Pengawasan Investasi WNA Israel Berbasis Harmonisasi Kewenangan Pemerintah Daerah Bali dan Imigrasi Ni Luh Martiniasih
Socius: Jurnal Penelitian Ilmu-Ilmu Sosial Vol 4, No 2 (2026): September 2026
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.22114003

Abstract

The increasing mobility and investment activities of foreign nationals (WNA) affiliated with Israel in the Province of Bali have triggered complex issues in constitutional and administrative law. This phenomenon becomes more complicated when Israeli nationals enter Indonesia using dual passports, such as passports issued by European countries, in an attempt to circumvent immigration restrictions. Geopolitical sensitivities have prompted local public demands for the Bali Regional Government to take firm action to regulate the presence and business activities of such foreign nationals. However, unilateral action by the Regional Government may potentially exceed the limits of its legal authority. This normative legal research aims to examine the limits of applying the ultra vires doctrine to actions taken by the Bali Regional Government and to formulate a framework for harmonizing the respective authorities of the Bali Regional Government and the Directorate General of Immigration. This research employs a statutory and conceptual approach by analyzing the norms contained in the 1945 Constitution of the Republic of Indonesia, the Regional Government Law, the Immigration Law, and the Government Administration Law. The findings indicate that actions by the Bali Regional Government that directly restrict residence permits or prohibit the presence of foreign nationals holding dual passports constitute acts exceeding authority (ultra vires), as immigration affairs and foreign policy fall under the exclusive authority of the Central Government. Nevertheless, the Bali Regional Government retains the authority to take action against violations concerning spatial planning, regional licensing, illegal asset ownership through nominee arrangements, and disturbances of public order. Harmonization of authority can be achieved through integrated law enforcement within the framework of the Foreigners Monitoring Team (TIMPORA).
Dualisme Kewenangan Adat dan Izin Usaha dalam Putusan PN Gianyar Berdasarkan Undang-Undang Nomor 15 Tahun 2023 Dan Perda Bali Nomor 4 Tahun 2019 Ni Luh Martiniasih
Media Hukum Indonesia (MHI) Vol 4, No 3 (2026): October 2026
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.22636249

Abstract

The legal dispute between an MSME entrepreneur and the Bitera Customary Village regarding the refusal of an operational recommendation for a night market near a Beji (sacred water spring) serves as a fundamental precedent in the dynamics of constitutional law, licensing law, and customary law in Indonesia. A tort lawsuit demanding IDR 14.15 billion in damages filed by the investor based on a Business Identification Number (NIB) was completely dismissed by the Panel of Judges at the Gianyar District Court. This article aims to doctrinally examine the enforceability of the sui generis authority of the Customary Village under Law No. 15 of 2023 on Bali Province and Bali Provincial Regulation No. 4 of 2019 on Customary Villages in Bali. This study links the issue to the application of the environmental precautionary principle and its implications for the legal boundaries of the national licensing system (OSS). This research employs a normative legal method utilizing the statute approach, case study, and conceptual approach. The results indicate that the rejection by the Bitera Customary Village constitutes a collective-collegial legal obligation to protect sacred areas and water ecosystems from potential pollution, thus failing to meet the elements of an unlawful act under Article 1365 of the Indonesian Civil Code. The court ruling emphasizes that possessing an NIB from the central or regional government does not automatically override the customary autonomy over customary territory. While administrative licenses grant formal business legality, operational activities must remain subject to customary spatial planning, environmental compliance, and the Tri Hita Karana principle. This study concludes the urgent need to integrate cultural impact assessments and customary community consent into the national business licensing framework.
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