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All Journal JURNAL MAGISTER HUKUM UDAYANA Cepalo
Wijaya, I Made Marta
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Law, Crime, Criminology & Criminal Justice

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THE BALANCE OF LEGAL CERTAINTY AND UTILITY IN BALI’S ALCOHOL REGULATION Santosa, Anak Agung Gede Duwira Hadi; Wijaya, I Made Marta
Cepalo Vol 8 No 2 (2024)
Publisher : Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/cepalo.v8no2.3551

Abstract

Traditional alcoholic beverages hold a significant place in the culture of Indonesia, embodying the nation's rich heritage and diverse local wisdom. However, the regulation of these beverages presents critical concerns regarding public health and societal impact. This study critically examines how the principles of legal certainty and utility are reflected in Bali Governor Regulation Number 1 of 2020 (“Bali’s Alcohol Regulation”). The primary objective of this research is to analyze and evaluate the embodiment of these values within the regulation. Employing a normative legal research methodology, the study scrutinizes the regulation alongside the hierarchy of laws governing it. The findings reveal notable inconsistencies between Bali’s Alcohol Regulation and the definitions of traditional alcoholic beverages established in higher legislative frameworks, raising pertinent questions about the balance between legal certainty and the practical benefits offered by the regulation. Furthermore, the analysis indicates that the regulation fails to uphold several legal principles, leading to ambiguity in its enforcement. From a utility perspective, the regulation does not yield substantial benefits for artisans, producers, distributors, sellers, buyers, or the broader community. Consequently, it falls short of meeting adequate utility standards, underscoring the necessity for revision and enhancement to better accommodate the interests of all stakeholders involved in the traditional alcoholic beverage sector in Bali.
The Application of Blockchain Technology in Cross-Border Personal Data Transfer Activities in Indonesia: Opportunities and Challenges Wijaya, I Made Marta
Jurnal Magister Hukum Udayana (Udayana Master Law Journal) Vol 14 No 1 (2025)
Publisher : University of Udayana

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24843/JMHU.2025.v14.i01.p11

Abstract

This research seeks to explain the opportunities and obstacles involved in utilizing blockchain technology for transferring personal data beyond Indonesia's legal boundaries, along with the advantages it offers to Personal Data Subjects. The research employs normative legal research with statute and conceptual approaches. Data was collected through document studies and interviews with experts and practitioners, and then analyzed descriptively qualitatively. The findings indicate that blockchain technology has the potential to improve the security, transparency, and efficiency of personal data transfers. Notable opportunities include decentralization features, traceable audit trails, and enhanced identity management solutions. However, challenges such as compliance with varying regulations, data localization, and privacy issues need to be addressed. The study concludes that the application of blockchain technology can provide significant benefits for Personal Data Subjects, offering better data protection and control, along with the fulfillment of rights under Law No. 27 of 2022. A holistic approach and supportive regulations are essential to maximize this technology's potential in cross-border data transfers.
Co-Authors Anak Agung Gede Duwira Hadi Santosa