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All Journal Kertha Patrika JURNAL MAGISTER HUKUM UDAYANA Cepalo
Wijaya, I Made Marta
Unknown Affiliation
Law, Crime, Criminology & Criminal Justice Social Sciences

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Chinese Compliance to Carbon Emissions Trading Regulations: A Three Mechanism Legal Compliance Approach Wijaya, I Made Marta
Kertha Patrika Vol 46 No 1 (2024)
Publisher : Fakultas Hukum Universitas Udayana

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24843/KP.2024.v46.i01.p06

Abstract

The Hobbesian mechanism emphasizes the enforcement of sanctions as the primary means to ensure compliance, while the Durkheimian mechanism focuses on the symbolic legitimacy of the law and the importance of morality in law enforcement, and the Habermasian mechanism centers on rational communication and consensus in achieving societal compliance. This research aims to identify the application of these three legal compliance mechanisms (Hobbesian, Durkheimian, and Habermasian) in China regarding the implementation of carbon emissions trading regulations under the Kyoto Protocol 1997 and the Paris Agreement 2015 by the United Nations Framework Convention on Climate Change. The study employs normative legal research methods with legislative and conceptual approaches. The findings reveal regional variations in the implementation of carbon emissions trading regulations in China, with diverse levels of compliance among companies. Although overall compliance is relatively high, challenges in enhancing compliance persist, particularly in regions like Beijing and Tianjin. Factors such as local government policies, imposed sanctions, and administrative capacity play crucial roles in determining compliance levels. Analysis of compliance with carbon emissions trading regulations across different administrative levels in China demonstrates diverse outcomes. At the central level, Chinese government compliance with regulations is driven by moral awareness of climate change, reflecting the Durkheimian mechanism. Meanwhile, regional differences in compliance are attributed to variations in regulations concerning incentives and sanctions, with Tianjin exhibiting low compliance due to lax sanctions (Hobbesian mechanism), while Shanghai and Guangdong show high compliance due to rational consensus between the government and companies (Habermasian mechanism).
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