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LEGAL PROTECTION FOR INVESTORS AND BUSINESS ACTORS WHO HAD THOROUGH BANKRUPTCY DUE TO FORCE MAJEURE IN MICRO, SMALL, AND MEDIUM ENTERPRISES (MSMES) Dewi, Gusi Ayu Arya Anindyanari Auliani; Mahendrawati, Ni Luh Made; Styawati, Ni Komang Arini
IUS POSITUM: Journal of Law Theory and Law Enforcement Vol. 3 Issue 1 (2024)
Publisher : jfpublisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56943/jlte.v3i1.499

Abstract

This research examines the legal protection provided to investors and business actors regarding bankruptcy caused by force majeure in micro, small and medium enterprises (MSMEs). Force majeure is a condition beyond control that may lead to the inability to fulfill financial obligations. The primary objective of this research is to examine the existing legal protection mechanisms for investors and MSME businesses in handling bankruptcy situations caused by force majeure. Through a normative law approach and literature study, this research investigates the legal framework governing the responsibilities and protections for investors and MSME businesses against force majeure. The research findings are expected to provide a better comprehension of the legal measures that can be taken to protect the interests of investors and MSME businesses in handling the risk of bankruptcy due to force majeure. Although there are several regulations that provide a framework to protect investors and MSME businesses in bankruptcy situations, implementation and enforcement often causes challenges. Hence, it is significant to have more active endeavors from the government, financial institutions, and other stakeholders to strengthen legal protection for investors and MSME businesses in handling the risk of bankruptcy due to force majeure.
THE EFFECTIVENESS OF REGIONAL GOVERNMENT EMPOWERMENT ON PHARMACEUTICAL WHOLESALER LICENSES ON THE BALI PROVINCE Joniada, I Made Wisnu; Styawati, Ni Komang Arini; Arjaya, I Made
YURIS: Journal of Court and Justice Vol. 3 Issue 1 (2024)
Publisher : jfpublisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56943/jcj.v3i1.483

Abstract

Pharmaceutical wholesalers (PBF) that are already licensed by Indonesian government have complied with the pre-operational business standard requirements and during operations are required to comply with the standards of good drug distribution procedures. However, there have been some cases of PBFs that have been licensed infringing on their business licensing obligations. These infringements will affect the quality of drugs and/or drug substances which could endanger consumers. Based on this phenomenon, monitoring by regional governments is important in maintaining businesses’ compliance with business standards. The objectives of this research were to examine and analyze several factors affecting the effectiveness of regional government supervision of PBF licenses in Bali Province. The method used is empirical legal method. To address the issues within this research, the author utilizes a sociological approach, a legal regulation approach, and a conceptual approach.  Furthermore, this research indicated that Bali Provincial Health Office supervision is ineffective in assuring compliance in the fulfilling of requirements and obligations by businesses. These conditions have been affected through legal substantial factors, legal structure, and legal culture.
THE LEGAL PROTECTION OF MINORITY SHAREHOLDERS AGAINST COMPANY CONSOLIDATION IN THE PERSPECTIVE OF THE LIMITED LIABILITY COMPANY LAW Novanda, Ni Putu Rosita; Mahendrawati, Ni Luh Made; Styawati, Ni Komang Arini
YURIS: Journal of Court and Justice Vol. 4 Issue 2 (2025)
Publisher : jfpublisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56943/jcj.v4i2.762

Abstract

Company consolidation is one of the legal actions that can significantly impact shareholders, predominantly minority shareholders. Law No. 40/2007 on Limited Liability Companies (UUPT) stipulates that in the consolidation process, the rights of minority shareholders must still be considered, including the right to request the purchase of their shares at a fair price if they disagree with the decision of the General Meeting of Shareholders (GMS). However, in practice, implementing legal protection for minority shareholders still faces various challenges, especially regarding legal certainty and the mechanism for exercising their rights. This research aims to provide a comprehensive understanding of the legal landscape surrounding minority shareholders in the context of company consolidations, highlighting both existing protections and areas needing reform. This research uses normative legal research methods with statutory and conceptual approaches. The results show that although Article 62 of the UUPT gives minority shareholders the right to sell their shares to the company in certain situations, the absence of clear sanctions for companies that fail to carry out this obligation causes legal uncertainty. Therefore, a firmer legal reconstruction is necessary, including providing administrative sanctions and compensation for companies that do not fulfil their obligations. In addition, dispute resolution mechanisms can be implemented through litigation and non-litigation channels, such as mediation and arbitration, to provide more effective protection for minority shareholders.
THE EFFECTIVENESS OF ALCOHOLIC BEVERAGE DISTRIBUTION CONTROL THROUGH BULELENG REGENCY REGULATION NO. 9 OF 2016 Premasanti, Nyoman Asri; Mahendrawati, Ni Luh Made; Styawati, Ni Komang Arini
YURIS: Journal of Court and Justice Vol. 4 Issue 2 (2025)
Publisher : jfpublisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56943/jcj.v4i2.771

Abstract

The circulation and sale of alcoholic beverages in Buleleng Regency remain prone to violations, particularly regarding business licensing and permitted trading locations. Despite existing regulations, supervision is often ineffective, allowing unauthorized sales and non-compliant business operations. Challenges in enforcement contribute to ongoing violations. This study aims to evaluate the effectiveness of supervision over the circulation and sale of alcoholic beverages in Buleleng Regency and identify key obstacles hindering proper enforcement. This research uses an empirical legal method to examine the gap between law and social reality through juridical and sociological approaches, supported by qualitative analysis of observations, interviews, and documentation linked to legal theories and regulations. The supervision of alcoholic beverage sales in Buleleng Regency is carried out through guidance, field inspections, and enforcement by an Integrated Team of various technical agencies. However, this supervision has not been fully effective, as the goals outlined in the regulations have not been achieved. Many businesses still operate without licenses and violate location restrictions. Several factors hinder effective implementation, including weak enforcement, overlapping responsibilities among agencies, low legal awareness among business owners, and limited public understanding of the health and social impacts of alcohol consumption.
THE LEGAL FRAMEWORK OF LOCAL GOVERNMENT POLICY IN ADMINISTERING HOUSING AND SETTLEMENT AREAS IN BULELENG REGENCY Suastawan, Nyoman Adi; Styawati, Ni Komang Arini; Rideng, I Wayan
YURIS: Journal of Court and Justice Vol. 4 Issue 3 (2025)
Publisher : jfpublisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56943/jcj.v4i3.790

Abstract

The regulation and policy framework established by the Buleleng Regency Government concerning the administration of housing and settlement areas demonstrates a strategic legal approach to spatial development. This research examines the normative design and practical enforcement of housing governance in Buleleng Regency, with particular attention to the legal effectiveness of Regent Regulation No. 40 of 2023 as the implementing instrument of Regional Regulation No. 12 of 2022 on the Administration of Housing and Settlement Areas. Employing an empirical legal research method, the study investigates the gap between written law (law in books) and actual practice (law in action) using a juridical-analytical approach. Primary data were collected through interviews and subsequently analyzed qualitatively in conjunction with legal theories, academic literature, and statutory regulations. The findings indicate that the provision on the minimum access road width, as stipulated in the Regent Regulation, has been relatively effective in practice. However, a significant number of developers continue to carry out housing development outside of the designated residential zones. One of the main implementation challenges lies in the fact that many plots located within housing and settlement zones do not meet the required road width standard, thereby complicating compliance with the regulation.
Legal Protection and Empowerment of Songket/Endek Fabric Weavers in Gelgel Village Tourism Area, Klungkung Styawati, Ni Komang Arini; Mahendrawati, Ni Luh Made; Laksmi, Anak Agung Rai Sita; Wijaya, I Ketut Kasta Arya; Rideng, I Wayan; Widiati, Ida Ayu Putu; Mardika, I Made; Ekayani, Ni Nengah Seri; Wesna, Putu Ayu Sriasih; Utama, I Wayan Kartika Jaya; Muliana, I Wayan; Susanthi, I Gusti A.A. Dian; I Gusti Putu Ghosadhira Vedhastama; Erawati, Ni Putu Tina; Bongon, Miel S.; Villafuerte, Marcelo Roland C.; Vibandor, Demosthenes B. Vibandor; Sentelices, Leovigildo C.; Raymundo, Carlos M.
AJARCDE (Asian Journal of Applied Research for Community Development and Empowerment) Vol. 9 No. 1 (2025)
Publisher : Asia Pacific Network for Sustainable Agriculture, Food and Energy (SAFE-Network)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29165/ajarcde.v9i1.523

Abstract

Gelgel Village is one of the villages in Bali known for producing Balinese woven fabrics, namely songket and endek fabrics. Songket/endek fabric is one of the characteristics of Balinese cultural products. In order to preserve songket weaving, legal protection is necessary. Moving on from this matter, there are several problems experienced by participants in this program, namely: 1) Lack of interest of the younger generation in working as weavers, 2) Lack of compatibility of work results required by employers with weavers, and 3) Legal protection for workers and employers of songket/short cloth weaving in Gelgel Village, Klungkung. The activities carried out in this program were to provide counseling on the importance of preserving songket weaving as a cultural characteristic. These activities increased the younger generation's interest in weavers by counseling them on preserving songket weaving as a cultural characteristic. In addition, a good working relationship is needed in the songket/short woven fabric production process so that the weaving results are by the expectations of employers and consumers. Legal protection for weaving workers is to provide their rights as workers by applicable laws and regulations. Entrepreneurs are also encouraged to get legal protection by making Intellectual Property Rights (IPR) in the form of Copyright.
Legal Certainty of Fixed-Term Work Agreements for Tourism Workers I Gede Donny Mahendra; Styawati, Ni Komang Arini; Wiryani, Made
Focus Journal : Law Review Vol 5 No 1 (2025): Focus Journal Law Review Vol. 5 No. 1
Publisher : Universitas Bali Dwipa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62795/fjl.v5i1.360

Abstract

The objectives to be achieved in this study are to analyze the legal certainty of fixed-term employment agreements (PKWT) for workers in the tourism sector. The method used is normative juridical through literature review. The problems are: 1. How is the legal certainty regarding changes in the status of fixed-term employment agreements for workers who have passed a work period of 5 (five) years, 2. What legal remedies can be taken by workers and labor unions who do not receive their rights. The results of this study indicate that Law No. 6 of 2023 and PP No. 35 of 2021 still do not comprehensively regulate the work period and work status of PKWT workers. The existence of the Constitutional Court Decision Number 168/PUU-XXI/2023, one of the decisions of which emphasizes that the PKWT work period is 5 (five) years, is still unable to provide legal certainty for PKWT workers in terms of work status, if there is a violation of the work period by the company. There needs to be an explicit legal regulation regarding the work status of PKWT if it has passed a work period of 5 (five) years. Some legal efforts that can be done when workers do not get their rights are First, dispute resolution carried out through non-litigation channels where in this mechanism there are four types of settlements, namely bipartite, mediation, conciliation and arbitration. Second, litigation channels where in this mechanism through the industrial relations court.
Community-Based Ecotourism Empowerment: Strengthening Local Institutions in Area Branca, Dili, Timor Leste Rideng, I Wayan; Styawati, Ni Komang Arini; Sugiartha, I Nyoman Gd
International Journal of Community Service (IJCS) Vol. 4 No. 2 (2025): July-December
Publisher : PT Inovasi Pratama Internasional

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55299/ijcs.v4i2.1668

Abstract

The Branca Area in Dili City, Timor-Leste, is a coastal zone with great potential for community-based ecotourism development. However, management of this area still faces problems such as weak local institutional capacity, low community participation, limited supporting facilities, and regulatory constraints due to a centralized tourism management system. This international community service activity aims to identify existing conditions, formulate institutional empowerment models, and provide training and assistance through Focus Group Discussions (FGDs). The implementation methods include literature studies, situation analysis, institutional mapping, and the application of technological innovations for promotion and conservation. The results of the activity showed an increase in community capacity, the formation of a simple group structure, increased conservation awareness, and an increase in local economic activity. This activity produced academic outputs in the form of scientific articles, media publications, documentary videos, and a 30% increase in institutional capacity. This programmed emphasizes the urgency of community-based ecotourism (CBET) as a sustainable strategy to improve socio-economic welfare and environmental conservation in Branca
Program Kemitraan Masyarakat pada BUMDes Puspa Harum Sejahtera Aryasa, I Putu Gde Chandra Artha; Styawati, Ni Komang Arini
Lumbung Inovasi: Jurnal Pengabdian kepada Masyarakat Vol. 10 No. 4 (2025): December
Publisher : Lembaga Penelitian dan Pemberdayaan Masyarakat (LITPAM)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36312/k5d3t364

Abstract

Program Kemitraan Masyarakat (PKM) ini bertujuan untuk meningkatkan kapasitas kelembagaan BUMDes Puspa Harum Sejahtera melalui intervensi terstruktur di bidang perpajakan, akuntansi, hukum usaha, dan pengelolaan pasar. Permasalahan utama yang dihadapi mitra meliputi rendahnya literasi perpajakan, belum tertatanya sistem pembukuan, lemahnya pemahaman kontraktual, serta kurangnya fasilitas pendukung untuk menciptakan lingkungan pasar yang tertib dan bersih. Metode pelaksanaan menggunakan pendekatan partisipatif melalui pelatihan, pendampingan teknis, dan pemberian produk teknologi tepat guna. Hasil program menunjukkan adanya peningkatan kemampuan mitra dalam melakukan pencatatan keuangan sederhana, pelaporan pajak mandiri menggunakan sistem Coretax, penyusunan kontrak kerja sama yang sah, serta tata kelola pasar yang lebih profesional. Berdasarkan hasil pre-test dan post-test, tingkat pengetahuan mitra meningkat antara 15–25% pada berbagai indikator utama. Dampak sosial yang diidentifikasi mencakup peningkatan literasi digital, kolaborasi internal, dan kesadaran hukum; sedangkan dampak ekonomi terlihat pada efisiensi operasional, transparansi keuangan, dan peningkatan daya saing. Program ini selaras dengan SDG 8 (pekerjaan layak dan pertumbuhan ekonomi) melalui penguatan tata kelola dan keberlanjutan usaha desa, sekaligus menunjukkan bahwa pemberdayaan berbasis teknologi dan partisipasi komunitas dapat menjadi pendekatan efektif dalam memperkuat tata kelola BUMDes secara berkelanjutan. Community Partnership Program at BUMDes Puspa Harum Sejahtera Abstract This Community Partnership Program (PKM) aims to strengthen the institutional capacity of BUMDes Puspa Harum Sejahtera through structured interventions in taxation, accounting, business law, and market management. The main problems faced by the partner include low tax literacy, the absence of a proper bookkeeping system, limited understanding of contractual agreements, and inadequate supporting facilities to create an orderly and clean market environment. The implementation method employed a participatory approach through training, technical assistance, and the provision of appropriate technology products. The results of the program indicate an improvement in the partner’s ability to conduct basic financial recording, independently submit tax reports using the Coretax system, prepare legally valid cooperation contracts, and implement more professional market governance. Based on pre-test and post-test results, partner knowledge increased by 15–25% across various key indicators. Identified social impacts include improved digital literacy, stronger internal collaboration, and greater legal awareness; while economic impacts are reflected in enhanced operational efficiency, financial transparency, and increased competitiveness. This program aligns with SDG 8 (Decent Work and Economic Growth) by strengthening governance and business sustainability at the village level, demonstrating that technology-based empowerment combined with community participation can be an effective approach to reinforcing BUMDes governance in a sustainable manner.