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All Journal Jurnal Daulat Hukum Lumbung Inovasi: Jurnal Pengabdian Kepada Masyarakat AJARCDE (Asian Journal of Applied Research for Community Development and Empowerment) Ius Positum: Journal of Journal Of Law Theory And Law Enforcement Postgraduated Community Service Journal Yuris: Journal of Court and Justice International Journal of Community Service (IJCS) Protection: Journal Of Land And Environmental Law Jurnal As-Syar’i: Jurnal Bimbingan & Konseling Keluarga Focus Journal Law Review
Styawati, Ni Komang Arini
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Akibat Hukum terhadap Kekuatan Eksekutorial Sertifikat Hak Tanggungan dalam Hal Objek Jaminan Musnah karena Bencana Alam Prastika, Kadek Septian Dharmawan; Budiartha, I Nyoman Putu; Styawati, Ni Komang Arini
As-Syar i: Jurnal Bimbingan & Konseling Keluarga  Vol. 8 No. 1 (2026): As-Syar’i: Jurnal Bimbingan & Konseling Keluarga
Publisher : Institut Agama Islam Nasional Laa Roiba Bogor

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Abstract

This research is motivated by legal issues arising from the destruction of collateral objects under land mortgage rights, due to natural disasters, which renders the executorial power of the mortgage certificate unenforceable and creates legal uncertainty for creditors. The research problems include identifying the forms of legal protection available to creditors and determining the legal consequences for the executorial power of the mortgage certificate when the collateral object is lost. The objective of this research is to analyze both preventive and repressive legal protections for creditors and to explain the shift in the creditor’s position from a separatist creditor to a concurrent creditor pursuant to Article 1131 of the Civil Code. The research provides theoretical benefits by enriching the study of security law and practical benefits by offering guidance for banking institutions, notaries, and policymakers. The method employed is normative legal research using statutory, conceptual, and case approaches, with qualitative analysis of legal materials. The findings indicate that the destruction of the collateral object eliminates the creditor’s ability to execute the collateral through parate execution however, it does not extinguish the creditor’s claim against the debtor, which may still be pursued through general guarantees and alternative protection mechanisms such as insurance claims or substitute collateral. The conclusion of this research emphasizes the need for specific regulation regarding the risks associated with the destruction of collateral objects. The recommendations include mandating insurance coverage, improving relevant regulations, and enhancing risk-mitigation efforts by creditors.
Illegal Tour Guides And Their Legal Implications For Tourist Protection In Bali I Komang JUMENA; Jumena , I Wayan; Styawati, Ni Komang Arini
Protection: Journal Of Land And Environmental Law Vol. 4 No. 2 (2026): Protection: Journal Of Land And Environmental Law. (November – February 2026)
Publisher : PT Keberlanjutan Strategis Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38142/pjlel.v4i2.1807

Abstract

This article examines the legal implications of illegal tour guides on tourist protection and the sustainability of the tourism industry in Bali. The main objective of this study is to analyze the legal regulation governing tour guide services and to assess the impact of illegal tour guide practices on service quality, legal certainty, and tourist protection. This research employs a statutory approach, a conceptual approach, and a sociological approach. Primary data were obtained through interviews with licensed tour guides, tourism stakeholders, and relevant authorities, while secondary data were derived from legislation, legal doctrines, and academic literature related to tourism law. The analysis reveals that the presence of illegal tour guides contributes to declining service quality, unfair competition, weakened legal protection for licensed tour guides, and increased legal risks for tourists, particularly in situations involving accidents or insurance claims. The findings also indicate that existing regulations have not been optimally enforced, resulting in gaps between legal norms and actual practices in the tourism sector. This study concludes that strengthening supervision, law enforcement, and inter-institutional coordination is essential to ensure legal certainty, protect tourists, and maintain the quality and reputation of Bali as an international tourism destination
Legal Certainty for Misuse of Indonesian Business Classification in Foreign-Owned Villas Parandita, Anak Agung Ngurah Jlantik; Budiartha , I Nyoman Putu; Styawati, Ni Komang Arini
Protection: Journal Of Land And Environmental Law Vol. 4 No. 2 (2026): Protection: Journal Of Land And Environmental Law. (November – February 2026)
Publisher : PT Keberlanjutan Strategis Indonesia

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This article analyses legal certainty issues arising from foreign investors' misuse of the Indonesian Standard Industrial Classification in villa business activities and its impact on the protection of micro, small, and medium enterprises. The study uses normative legal research, drawing on statutory, conceptual, and case approaches, supported by doctrinal interpretation and policy evaluation of licensing and supervision mechanisms. The analysis identifies recurring patterns of classification misuse, including registering villa operations under real estate or other accommodation categories, separating operational functions across related entities to obscure the true nature of the business, using local proxy arrangements, and exploiting unclear operational boundaries in licensing practice and weak interagency coordination. These practices create regulatory inconsistency, undermine enforceability, and foster unfair competition that disadvantages local enterprises in tourism-based markets. The findings indicate that stronger legal certainty requires clearer operational criteria for classification selection, integrated verification across licensing and sectoral authorities, risk-based monitoring, and proportional administrative sanctions with due process safeguards. The article concludes that targeted regulatory reform and coordinated oversight are necessary to restore legal clarity and provide effective protection for local enterprises in the villa sector.
Legal Protection for Workers Experiencing Inter-Legal Entity Transfers within Corporate Groups in Indonesia Wedhasari, Ratih; Budiartha, I Nyoman Putu; Styawati, Ni Komang Arini
Jurnal Daulat Hukum Vol 9, No 1 (2026): March 2026
Publisher : Magister of Law, Faculty of Law, Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jdh.v9i1.50248

Abstract

The development of corporate groups in Indonesia has led to increasingly complex employment relations, particularly regarding the practice of transferring workers between legally distinct entities within the same corporate group. Although such transfers are economically justified by integrated business operations and centralized management, Indonesian labor law has not explicitly regulated inter–legal entity transfers. Existing regulations under the Manpower Law and the Job Creation Law primarily recognize transfers within a single legal entity as a managerial prerogative, leaving a normative gap that creates legal uncertainty and potential violations of workers’ rights. This condition is reflected in judicial practice, notably in Industrial Relations Court Decision No. 10/Pdt.Sus-PHI/2021/PN Tjk, which emphasizes formal legality while offering limited substantive protection to workers. This research employs a normative juridical method with a statutory, conceptual, and case approach. Primary legal materials include labor and corporate legislation, judicial decisions, and collective labor agreements, while secondary materials consist of legal doctrines and scholarly works. Legal materials are analyzed qualitatively through systematic interpretation to assess the adequacy of existing regulations and judicial reasoning. The findings reveal that the absence of explicit legal norms governing inter–legal entity transfers within corporate groups has resulted in inconsistent practices and weakened worker protection. Transfers are often treated as managerial policies without sufficient assessment of good faith, proportionality, or the continuity of workers’ rights. The study argues that legal protection for transferred workers should be constructed on a balanced integration of justice, legal certainty, and utility. It further proposes a dual protection model: preventive protection through explicit statutory regulation and strengthened cross-entity collective labor agreements, and repressive protection through progressive judicial interpretation and effective dispute resolution mechanisms. This study concludes that recognizing corporate groups as single economic units with labor law relevance is essential to ensure substantive justice, protect workers’ rights, and promote sustainable industrial relations in Indonesia.
Co-Authors Artha Aryasa, I Putu Gde Chandra Bongon, Miel S. Budiartha , I Nyoman Putu Dewi, Gusi Ayu Arya Anindyanari Auliani Erawati, Ni Putu Tina I Gede Donny Mahendra I Gusti Putu Ghosadhira Vedhastama I Komang JUMENA I Made Arjaya I Made Mardika I Nyoman Putu Budiartha I Wayan Kartika Jaya Utama I Wayan Rideng Johannes Ibrahim Kosasih Joniada, I Made Wisnu Jumena , I Wayan Laksmi, Anak Agung Rai Sita Luh Made Mahendrawati Muliana, I Wayan Ni Nengah Seri Ekayani Novanda, Ni Putu Rosita Parandita, Anak Agung Ngurah Jlantik Prastika, Kadek Septian Dharmawan Premasanti, Nyoman Asri Putu Ayu Sriasih Wesna Raymundo, Carlos M. Sentelices, Leovigildo C. Suastawan, Nyoman Adi Sugiartha, I Nyoman Gd Sumardika, I Nyoman Susanthi, I Gusti A.A. Dian Vibandor, Demosthenes B. Vibandor Villafuerte, Marcelo Roland C. Wedhasari, Ratih Widiati, Ida Ayu Putu Wiryani, Made