Articles
<![CDATA[Restorative Justice Dalam Penyelesaian Sengketa Cyberbullying ]]>
<![CDATA[Anak Agung Ngurah Adhi Wibisana]]>;
<![CDATA[I Ketut Rai Setiabudhi]]>
<![CDATA[ Jurnal Magister Hukum Udayana (Udayana Master Law Journal) Vol 11 No 2 (2022) ]]>
Publisher : <![CDATA[University of Udayana ]]>
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DOI: 10.24843/JMHU.2022.v11.i02.p15
<![CDATA[Tujuan penulisan/penelitian adalah untuk mengetahui jawaban mengenai penyelesaian suatu sengketa cyberbullying dan langkah-langkah yang diterapkan dalam meminimalisir terjadinya suatu perbuatan melawan hukum di masa mendatang. Jenis penelitian ini adalah penelitian hukum normatif. Jenis pendekatan yang digunakan yakni pendekatan terhadap ketentuan peraturan perundang-undangan dan konseptual. data yang digunakan adalah studi kepustakaan. Hasil penelitian ini menunjukan bahwa permasalahan terhadap cyberbullying yang terjadinya hendaknya dapat diselesaikan diluar jalur peradilan tanpa harus diselesaikan secara jalur hukum yang dikarenakan hanya mementingkan kepentingan pribadi saja. Maka dari itu, perlu halnya penerapan konsep Restorative Justice dalam menangani perkara tersebut, guna mempertemukan kedua belah pihak yang berselisih agar dapat menyelesaikan perkara tanpa harus ada dendam pribadi kedepannya.]]>
<![CDATA[Balinese Local Wisdom's Perspective on Legal Protection for Children as Victims and Perpetrators of Sexual Abuse ]]>
<![CDATA[Anak Agung Sagung Laksmi Dewi]]>;
<![CDATA[Hartini Saripan]]>;
<![CDATA[I Made Minggu Widyantara]]>;
<![CDATA[Anak Agung Ngurah Adhi Wibisana]]>
<![CDATA[ Jurnal Hukum Novelty Vol 14, No 1 (2023) ]]>
Publisher : <![CDATA[Universitas Ahmad Dahlan ]]>
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DOI: 10.26555/novelty.v14i1.a25817
<![CDATA[Introduction to The Problem: The low quality of child protection based on the perspective of Positive Law in Indonesia has drawn much criticism from various elements of society who seem to prioritize the interests of victims compared to perpetrators of rape. Because without optimal protection, children will only become victims of a society that tends to be patriarchal. Therefore, the concept of restorative justice based on local wisdom is one of the solutions in legal protection for victims and children who commit sexual harassment towards minors who prioritize recovery.Purpose/Objective Study: This study aims to understand, explain, and analyze the existence of legal protection for victims and children who sexually abuse minors from the perspective of Balinese local wisdom.Design/Methodology/Approach: This article is the result of legal research, with statutory approaches, conceptual approaches, and case approaches. The types of legal materials used in this research are primary legal materials, secondary legal materials, and tertiary legal materials.Findings: Legal protection for children based on local wisdom is a form of settlement that can be used against children as victims and children as perpetrators referring to the provisions of Article 1 number 6 of Law No. 11 of 2012 concerning the Juvenile Criminal Justice System. The protection in question is the existence of traditional village institutions in Bali as an effort to protect children.Paper Type: Research Article]]>
<![CDATA[The Urgency of Indonesian Omnibus Law Implementation Related to Foreign Investment ]]>
<![CDATA[Anak Agung Sagung Laksmi Dewi]]>;
<![CDATA[Mella Ismelina Farma Rahayu]]>;
<![CDATA[Ni Made Puspasutari Ujianti]]>;
<![CDATA[Hartini Saripan]]>;
<![CDATA[Anak Agung Ngurah Adhi Wibisana]]>
<![CDATA[ Susbtantive Justice International Journal of Law Vol 6 No 2 (2023): Substantive Justice International Journal of Law ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Muslim Indonesia, Indonesia ]]>
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DOI: 10.56087/substantivejustice.v6i2.239
<![CDATA[Investment is one of the driving means of strengthening the country's economy. One of the expected ways to increase investment is through foreign investment. Various regulatory measures have been carried out by evaluating and analyzing regulations and policies related to the licensing process for foreign investment. A new legal breakthrough is in the form of the enactment of the Omnibus Law on the Job Creation Law that is being pursued by the government aims to make it easier for foreign investors to obtain a permit. The formulation of problems that can be studied include how the omnibus law applies to simplifying licensing in an effort to facilitate the licensing process related to foreign investment. This study aims to examine the urgency of the implementation the Omnibus Law to simplify the licensing process in an effort to facilitate foreign investment in Indonesia. This research is a normative legal research, which uses primary, secondary, and tertiary legal materials. The results of the study show that efforts to simplify the licensing process for foreign investment in Indonesia become a reference for the government with foreign investors in facilitating sustainable development efforts in the tourism sector which aims to increase large amounts of investment, the availability of jobs, and is expected to improve the country's economy. So in the application of the Omnibus Law, it is expected to be able to accommodate interests that aim to prosper the community.]]>
<![CDATA[Green Tourism In Sustainable Tourism Development in Bali Based On Local Wisdom ]]>
<![CDATA[Anak Agung Sagung Laksmi Dewi]]>;
<![CDATA[Mella Ismelina Farma Rahayu]]>;
<![CDATA[Anak Agung Ngurah Adhi Wibisana]]>
<![CDATA[ Jurnal Dinamika Hukum Vol 23, No 1 (2023) ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Jenderal Soedirman ]]>
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DOI: 10.20884/1.jdh.2023.23.1.3489
<![CDATA[Abstract The emergence of tourism as a major industry is one of the most remarkable changes that have occurred in global economic activity. Over the last three decades, issues related to the environment and sustainable development related to tourism, especially in Bali, have developed from a marginal topic into a focus of consideration and research. The purpose of this research is to find a novelty in the use of the concept of green tourism as a method that is seen as capable of supporting sustainable tourism development based on local wisdom, especially in Bali. The research used is normative legal research on Law no. 10 of 200b concerning Tourism with a statutory and conceptual approach. This study found that various statutory regulations, including Law no. 10 of 2009 concerning Tourism, namely through sustainable tourism all resources can be managed so as to meet needs and maintain cultural integrity, ecological dimension biodiversity, and system life.Keywords: Bali; Green Tourism; Sustainable Tourism; Local Wisdom. ]]>
<![CDATA[The Urgency of Indonesian Omnibus Law Implementation Related to Foreign Investment ]]>
<![CDATA[Laksmi Dewi, Anak Agung Sagung]]>;
<![CDATA[Rahayu, Mella Ismelina Farma]]>;
<![CDATA[Ujianti, Ni Made Puspasutari]]>;
<![CDATA[Saripan, Hartini]]>;
<![CDATA[Wibisana, Anak Agung Ngurah Adhi]]>
<![CDATA[ Susbtantive Justice International Journal of Law Vol 6 No 2 (2023): Substantive Justice International Journal of Law ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Muslim Indonesia, Indonesia ]]>
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DOI: 10.56087/substantivejustice.v6i2.239
<![CDATA[Investment is one of the driving means of strengthening the country's economy. One of the expected ways to increase investment is through foreign investment. Various regulatory measures have been carried out by evaluating and analyzing regulations and policies related to the licensing process for foreign investment. A new legal breakthrough is in the form of the enactment of the Omnibus Law on the Job Creation Law that is being pursued by the government aims to make it easier for foreign investors to obtain a permit. The formulation of problems that can be studied include how the omnibus law applies to simplifying licensing in an effort to facilitate the licensing process related to foreign investment. This study aims to examine the urgency of the implementation the Omnibus Law to simplify the licensing process in an effort to facilitate foreign investment in Indonesia. This research is a normative legal research, which uses primary, secondary, and tertiary legal materials. The results of the study show that efforts to simplify the licensing process for foreign investment in Indonesia become a reference for the government with foreign investors in facilitating sustainable development efforts in the tourism sector which aims to increase large amounts of investment, the availability of jobs, and is expected to improve the country's economy. So in the application of the Omnibus Law, it is expected to be able to accommodate interests that aim to prosper the community.]]>
<![CDATA[LEGAL REFORM ON THE CONCEPT OF RESTORATIVE JUSTICE IN THE CRIMINAL JUSTICE SYSTEM ]]>
<![CDATA[Adhi Wibisana, Anak Agung Ngurah]]>;
<![CDATA[Wisnumurti, Anak Agung Gede Oka]]>;
<![CDATA[Budiartha, I Nyoman Putu]]>;
<![CDATA[Dewi, Anak Agung Sagung Laksmi]]>
<![CDATA[ Jurnal Pembaharuan Hukum Vol 11, No 2 (2024): Jurnal Pembaharuan Hukum ]]>
Publisher : <![CDATA[UNISSULA ]]>
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DOI: 10.26532/jph.v11i2.32082
<![CDATA[Restorative justice is an alternative to solving criminal cases, which in the resolution mechanism involves the perpetrator, victim, perpetrator’s family, victim’s family, community leaders, or stakeholders to jointly find a fair solution and emphasize returning to the situation as before. The implementation of the concept of restorative justice is needed in an effort to reform the law of the criminal justice system. This study aims to understand, explain, analyze, and make a comparison with the implementation of the concept of restorative justice as an effort to reform criminal law. The method used in this study is normative legal research. There are efforts to reform the law or legal findings in a criminal justice system regarding the resolution of criminal cases. The concept of restorative justice can be adopted and simultaneously applied. In addition to minimizing the accumulation of case files, restorative justice prioritizes the rights of perpetrators and victims and the restoration of the situation.]]>
<![CDATA[Pelaksanaan UUD 1945 tentang Negara Mencerdaskan Kehidupan Bangsa sebagai Amanat Konstitusi ]]>
<![CDATA[Anak Agung Sagung Laksmi Dewi]]>;
<![CDATA[Anak Agung Ngurah Adhi Wibisana]]>
<![CDATA[ Verdict: Journal of Law Science Vol. 5 No. 1 (2026): Verdict: Journal of Law Science ]]>
Publisher : <![CDATA[CV WAHANA PUBLIKASI ]]>
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DOI: 10.59011/vjlaws.5.1.2026.41-54
<![CDATA[The constitutional mandate in the 1945 Constitution stating that “the state shall educate the life of the nation” represents the state’s responsibility in the provision of education and the development of human resources. This article examines three research problems: (1) what legal evidence demonstrates that the state has an obligation to educate the life of the nation; (2) how the government implements Article 31 of the 1945 Constitution; and (3) what legal consequences arise if the state fails to fulfill this constitutional mandate. The research employs a normative juridical approach using both the statute approach and the analytical approach through the examination of the constitution, legislation, and academic literature. The findings indicate that the state’s obligation to educate the life of the nation has a strong legal foundation, including Article 31 of the 1945 Constitution and various implementing laws. The government has undertaken numerous efforts through education budgeting, compulsory education policies, and the development of the national education system. However, shortcomings in implementation still occur, which result in legal consequences such as state responsibility, the potential for constitutional claims by citizens, and negative implications for human rights and social justice. This article concludes that the mandate of the 1945 Constitution must be translated into measurable and accountable policies so that the realization of “educating the life of the nation” is not merely symbolic.]]>
<![CDATA[Analisis Yuridis Tindak Pidana Pemerasan oleh Bendesa Adat Terhadap Investor di Bali ]]>
<![CDATA[Anak Agung Sagung Laksmi Dewi]]>;
<![CDATA[I Gusti Agung Ayu Gita Pritayanti Dinar]]>;
<![CDATA[Ni Putu Ayu Mandalay Shasa Alba Chiara]]>;
<![CDATA[Anak Agung Ngurah Adhi Wibisana]]>
<![CDATA[ Kertha Wicaksana Vol 19 No 1 (2025) ]]>
Publisher : <![CDATA[Fakultas Hukum, Universitas Warmadewa ]]>
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DOI: 10.22225/kw.19.1.2025.58-62
<![CDATA[Customary village leaders, as organizers of government affairs at the village level, have the authority to complete administrative documents needed by the community within the government system of the rule of law. Occasionally, there are several obstacles in the completion of these administrative tasks that can be resolved quickly to facilitate administrative activities; however, certain administrative issues remain unsolvable by local administrators. The problem formulated in this study includes: (i) how are criminal sanctions defined for the crime of extortion corruption committed by Bendesa Adat who abuse their power in Bali? (ii) What sanctions are imposed on Bendesa Adat by customary villages when they exploit their power through extortion against investors? This study employs normative legal research methods, utilizing a legislative approach and legal concept analysis. The relevant data collection techniques utilized in this study consist of: (i) literature review and (ii) data analysis and evaluation. The theories applied in examining the issues within this study are the theory of state sovereignty and the conception of law as a policy process. This study aims to establish that criminal sanctions for extortion crimes by Bendesa Adat in Bali can indeed be determined. It is vital to implement a consistent and professional approach based on justice, certainty, and legal benefits by the government to foster ideal investment growth in Bali. The output target is to publish findings in the Sinta 4 accredited national journal, Journal of Legal Preferences. Additional outputs will include study materials (book chapters) related to criminal law topic.]]>
<![CDATA[Sanksi Pidana terhadap Guru yang Melakukan Tindak Penganiayaan kepada Murid saat Proses Pembelajaran ]]>
<![CDATA[Anak Agung Ngurah Adhi Wibisana]]>;
<![CDATA[I Made Sepud]]>;
<![CDATA[I Made Minggu Widyantara]]>
<![CDATA[ Jurnal Konstruksi Hukum Vol. 1 No. 1 (2020): Jurnal Konstruksi Hukum ]]>
Publisher : <![CDATA[Warmadewa Press ]]>
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DOI: 10.22225/jkh.1.1.2127.44-50
<![CDATA[Indonesia has a law on education, namely Law No. 14 of 2005 on Teachers and Lecturers. In its implementation, there is a case that causes pros and cons to the statement of every article of the Teacher and Lecturer Law, especially in relation to the right to defend oneself in criminal acts of persecution. The purpose of this research is to know the arrangement of teaching methods for students during the learning process and to know the criminal sanctions against teachers who abuse students during the learning process. This study uses a normative method with the main data sources namely laws and regulations. The results showed that the element of an act, and / or the result of an act, pain in the body, and injuries to the body contained in Article 351 paragraph (1) of the Criminal Code refers to the Teacher and Lecturer Law, namely in Article 77 paragraph (6). This article defines the basis of persecution, namely actions that cause pain to a person. The criminal act of persecution in the world of education, at least, must be considered with the intention of disciplining and educating the nation's life.]]>
<![CDATA[Aspek Hukum Pidana Terhadap Hubungan Kausalitas Pada Tindak Pembiaran Korban Penganiayaan Sehingga Meninggal Dunia ]]>
<![CDATA[Anak Agung Sagung Laksmi Dewi]]>;
<![CDATA[Anak Agung Ngurah Adhi Wibisana]]>
<![CDATA[ Jurnal Interpretasi Hukum Vol. 6 No. 2 (2025): Jurnal Interpretasi Hukum ]]>
Publisher : <![CDATA[Fakultas Hukum, Universitas Warmadewa ]]>
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DOI: 10.22225/juinhum.6.2.2025.310-317
<![CDATA[Protection of human life is a fundamental principle of criminal law that positions society not merely as passive witnesses, but as legal subjects who have moral and legal obligations to act in emergency situations. Allowing a victim to be abused to the point of death constitutes a form of serious negligence that can legally result in criminal liability, especially when such passivity is part of a chain of cause and effect that worsens the victim's condition. The problem formulation in this study includes: (1) what is the status of society as a legal subject in emergency situations?, and (2) what is the importance of the causal relationship in acts of omission in determining criminal liability?. The analysis was conducted using normative legal methods through legislative approaches, case approaches, and conceptual approaches to assess the legal position of the community, the limits of the duty to act, as well as the relevance of causal relationships in determining whether criminal sanctions are appropriate. The study results show that Article 531 of the Criminal Code establishes a duty of assistance for anyone who witnesses a person in mortal danger, while the element of causality serves as the main basis for determining whether the victim's death can be attributed to the community's passive actions. Omission can be punishable if such inaction factually and normatively contributes to the loss of the victim's chance of survival. This study emphasizes that in emergency situations, the community has an active legal role; the duty to act, protection of life, and proof of causality are important instruments in establishing criminal liability proportionally.]]>
