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All Journal Kertha Negara : Journal Ilmu Hukum Kertha Patrika JURNAL MAGISTER HUKUM UDAYANA LAW REFORM Pandecta FIAT JUSTISIA: Jurnal Ilmu Hukum JURISDICTIE Jurnal Hukum dan Syariah Jurnal Konstitusi Jurnal Penelitian Hukum De Jure Varia Justicia Substantive Justice International Journal of Law Literasi Hukum Jurnal Yudisial JURNAL TEKNIK SIPIL UNAYA Walisongo Law Review (Walrev) Jurnal Konstitusi Pancasila: Jurnal Keindonesiaan Yuridika Legal Protection for the Partnership Agreement Parties Journal of Constitutional Law Society (JCLS) SCLS Jurnal Hukum dan Pembangunan Jurnal Legislasi Indonesia Lex Scientia Law Review Bhinneka Tunggal Ika: Pancasila Jurnal Internasional Berbahasa Indonesia (BTI)
Hermanto, Bagus
Unknown Affiliation
Religion Humanities Civil Engineering, Building, Construction & Architecture Economics, Econometrics & Finance Education Environmental Science Law, Crime, Criminology & Criminal Justice Materials Science & Nanotechnology Social Sciences Other

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Journal : Kertha Patrika

 1 
Legal Policy Dynamics of the Foreign Workers in Indonesia: Should it be justified? Nyoman Mas Aryani; Ayu Putu Laksmi Danyathi; Bagus Hermanto
Kertha Patrika Vol 44 No 1 (2022)
Publisher : Fakultas Hukum Universitas Udayana

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24843/KP.2022.v44.i01.p.01

Abstract

The enactment of Presidential Regulation Number 20 of 2018 concerning the Use of Foreign Workers and Job Creation Law has triggered pros and cons. On the one hand, these arrangements define as advanced approach to increase investment in Indonesia and assist transfer knowledge that can be obtained from equipped foreign workers with their skills and technologies. There are substantial arrangements to ease foreign workers access under growth investment idea, facilitating business licensing through deregulation, and scrutinize legal provisions for foreign workers to be able to work in Indonesia. This article was aimed to analyze, and finding analysis of policy dynamics regulating the use of Foreign Workers in Indonesia, as well as the gaps of the use of Foreign Workers arrangement in the Job Creation Law. This article was normative legal research using statutory approach, and conceptual approach. The study indicated that the dynamics of regulation in various legal policies on the use of Foreign Workers especially between Law on Employment and Law on Job Creation, even though there are fields and types of work that are also required to prioritize Indonesian Workers, along with the use of Foreign Workers to a certain time limit to adopt Foreign Workers skills. The prospective policy direction through this article is expected to be more selective policy in the context of utilization of foreign workers, state protection, and adequate improvement quality/standard of competence for Indonesian workers.
Regional Government Authority in Determining Policies on the Master Plan of Tourism Development Ni Luh Gede Astariyani; Ni Putu Wiwin Setyari; Bagus Hermanto
Kertha Patrika Vol 42 No 3 (2020)
Publisher : Fakultas Hukum Universitas Udayana

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24843/KP.2020.v42.i03.p01

Abstract

This study intends to examine the authority of local governments to regulate regional policies on tourism development master plan. This paper examines the legal issues related to the basis of the authority from philosophical, sociological, and juridical aspects of the formation of policies regarding tourism development plans. This paper focuses on the target, scope, content, and direction of Regional Regulations concerning tourism development plans to establish legislation and prioritizing aspects of the tourism industry, marketing destinations, and culture of Bali Tourism. It is a legal research that uses statutory, philosophical, theoretical, and conceptual approaches. The research resulted that the basis of authority for delegation of formation arrangements is regulated in the Law concerning Tourism, Government Regulation, and Regional Government Law related to the Master Plan of National Tourism Development. The basis of regional government authority in setting these policies is the enactment of local regulations of Bali Province, Badung Regency, Jembrana Regency, and Denpasar City concerning regional tourism development master plan. However, the mandatory obligations for regional government in determining tourism development master plan have not immediately been taken effect by the other regency governments in Bali Province.
Children Rights and The Age Limit: The Ruling of The Indonesian Constitutional Court Bagus Hermanto; I Gede Yusa
Kertha Patrika Vol 40 No 2 (2018)
Publisher : Fakultas Hukum Universitas Udayana

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24843/KP.2018.v40.i02.p01

Abstract

Indonesian laws determines different age limit for the children. The Law of Republic of Indonesia Number 1 Year 1974 concerning Marriage holds the age limit for the children until 16 years old for the women and 19 years old for the men. Meanwhile, on the Law of Republic of Indonesia Number 23 Year 2002 concerning Child Protection, the age limitation both for women and men is 18 years old. This Child Protection Act has adopted norm as stipulated in the Convention of the Rights of Children, as ratified through Presidential Decree Number 36 Year 1990. Some violations of the human right of children in Indonesia were more or less related to the unclear limitation of the age of children. A few years ago, this situation was brought into legal concern as a constitutional review was lodged before the Constitutional Court of Republic of Indonesia. This court has finally issued a Judgment Number 30-74/PUU-XII/2014 that addressing the issue in concern. Once should be noted that not all Justices had a similar opinion on the Judgment as one Justice expressed a different opinion. The main purpose of this paper is to analyze the legal consideration contained in this Judgment. In addition, it also intends to criticize the Justice’s Dissenting Opinion that was addressed against this Judgment. This paper is set as a Normative Legal Research that uses case study approach and statutory approach. Key Words : Constitutional Court, Indonesia, Children Rights, Age Limit.
Questioning Direct Cash Funds Regulation on Village Funds in Province of Bali during Covid-19 Pandemic Ni Luh Gede Astariyani; Bagus Hermanto; Ni Made Ari Yuliartini Griadhi; Tjokorda Istri Diah Widyantari Pradnya Dewi
Kertha Patrika Vol 44 No 3 (2022)
Publisher : Fakultas Hukum Universitas Udayana

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24843/KP.2022.v44.i03.p.02

Abstract

The objections of this article are to describe, analyze, combine, and maintain concurrent relationships between regulations, implementation of Direct Cash Fund regulations at the regional level, and determined or measured factors on Direct Cash Fund by regional governments. This study combined normative and empirical legal research, analyzed legal instruments, and conducted interviews with various apparatus and parties involved in the Direct Cash Fund. This research results demonstrate that Direct Cash Fund was an effective government instrument, both in terms of its regulation and implementation by central and regional governments, in assisting village governments in mitigating the COVID-19 pandemic effect, particularly on the poorest people, and sustaining village development agendas through the new Village Fund scheme within Direct Cash Fund allocation.
Co-Authors Al Fatih, Sholahuddin Amri Amin Ardani, Ni Ketut Aryani, Mas Ayu Putu Laksmi Danyathi Ayu Putu Laksmi Danyathi da Cruz, Rosino Dalmau, Rubén Martínez Dewa Gde Rudy Fifiana Wisnaeni Haris Haris, Haris Hattori, Mariko I Gede Yusa I Gust i Ngurah Wairocana I Gusti Ayu Putri Kartika, I Gusti Ayu I Ketut Sudiarta I MADE SUBAWA I Nengah Suantra IDA AYU ASTARINI Ivory, Jared Kadek Agus Sudiarawan Khasanah, Dian Ratu Ayu Uswatun Komang Pradnyana Sudibya Kriviņš, Anatolijs Kusuma Putra, Rengga Layang, I Wayan Bela Siki Made Subawa Mariko Hattori Martana, Putu Ade Hariestha Mas Aryani Mas Aryani Mas Ratu, Ida Ayu Milthree Saragih, Geofani Ni Luh Gede Astariyani Ni Made Ari Yuliartini Griadhi Ni Putu Niti Suari Giri Ni Putu Wiwin Setyari Nugroho, Aziz Widhi Nur, Asrul Ibrahim Nyoman A Martana NYOMAN MAS ARYANI Nyoman Mas Aryani Putra, Putu Rasmadi Arsha Putra, Rengga Kusuma Putu Ade Hariestha Martana Putu Ade Harriesta Martana Putu Edgar Tanaya Putu Gede Arya Sumertayasa Rahmawati, Cut Sri Winarsi Tjokorda Istri Diah Widyantari Pradnya Dewi Usfunan, Jimmy Yohanes Usfunan Yusof, Fablli Zardi, Muhammad