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All Journal Kertha Negara : Journal Ilmu Hukum Kertha Patrika JURNAL MAGISTER HUKUM UDAYANA Jurnal Penelitian dan Pengembangan Sains dan Humaniora (JPPSH) Jurnal Ilmu Sosial dan Humaniora Jurnal Komunikasi Hukum Jurnal Akta Jurnal Penelitian Hukum De Jure Indonesian Journal of Global Health research Budapest International Research and Critics Institute-Journal (BIRCI-Journal): Humanities and Social Sciences International Journal of Business, Law, and Education Sibatik Journal : Jurnal Ilmiah Bidang Sosial, Ekonomi, Budaya, Teknologi, Dan Pendidikan Journal Of World Science POLICY, LAW, NOTARY AND REGULATORY ISSUES (POLRI) Kertha Widya : Jurnal Hukum Journal of Law, Poliitic and Humanities Yuris: Journal of Court and Justice Protection: Journal Of Land And Environmental Law Asas wa Tandhim: Jurnal Hukum, Pendidikan, dan Sosial Keagamaan International Journal of Health, Engineering and Technology West Science Interdisciplinary Studies Vyavahara Duta West Science Interdisciplinary Studies Kertha Semaya : Journal Ilmu Hukum Acta Comitas : Jurnal Hukum Kenotariatan
I Nyoman Bagiastra
Fakultas Hukum Universitas Udayana
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Journal : POLICY, LAW, NOTARY AND REGULATORY ISSUES (POLRI)

 1 
ANALYSIS OF THE DISPUTE RESOLUTION MECHANISM OF THE TRIUMVIRATE MINISTER AS THE EXECUTOR OF PRESIDENTIAL DUTIES IN INDONESIA Saputra, Komang Yoga; Bagiastra, I Nyoman
POLICY, LAW, NOTARY AND REGULATORY ISSUES Vol. 2 No. 4 (2023): OCTOBER
Publisher : Transpublika Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55047/polri.v2i4.922

Abstract

The 1945 Constitution regulates the position of triumvirate ministers, including the Minister of Home Affairs, Minister of Foreign Affairs, and Minister of Defense, collectively empowered to replace the president and vice president in case of a vacancy. The exercise of this authority increases the likelihood of disputes among the three ministers while performing presidential duties in Indonesia. The conflicting implications of the triumvirate minister position and its assumed powers stem from the diverse backgrounds of the three different institutions. Therefore, a clear mechanism is necessary for resolving conflicts among triumvirate ministers. This study employs normative legal research methods with a statutory law approach, utilizing primary legal material and secondary legal materials such as books and journals. The findings reveal that the dispute resolution mechanism for triumvirate ministries is fundamentally within the purview of the Constitutional Court, as affirmed by the Constitution. However, a lack of detailed derivative regulations has led to a blur in norms related to the interpretation of state institutions outlined in the Constitution. This gap arises due to the absence of regulations that provide a comprehensive explanation of these state institutions.
SOCIALIZATION OF REGIONAL REGULATION NO. 11 OF 2017 REGARDING EMBANKMENTS IN THE SARI BARUNA FISHERMEN'S GROUP OF BANJAR KHUBUR, KETEWEL VILLAGE, GIANYAR Purwanto, I Wayan Novy; Kartika, I Gusti Ayu Putri; Bagiastra, I Nyoman; Danyati, Ayu Putu Laksmi; Yustiawan, Dewa Gede Pradnyana
POLICY, LAW, NOTARY AND REGULATORY ISSUES Vol. 3 No. 1 (2024): JANUARY
Publisher : Transpublika Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55047/polri.v3i1.1011

Abstract

The purpose of this socialization is to educate and inform the Sari Baruna Fishermen Group of Banjar Khubur Ketewel Village, Gianyar about Regional Regulation Number 11 of 2017 regarding Bendega. It is crucial for the fishermen to understand this regulation as it addresses the problems they face. The Regional Government is committed to preserving and protecting Bendega, which is an integral part of Balinese culture. By safeguarding the ethical, moral, and civilizational values of Balinese customs, the government ensures the continuity of these traditions. Bendega holds significant economic, social, cultural, and religious importance in the indigenous communities of Bali's coastal areas. To protect and preserve Bendega, various strategies are implemented, including the continuous application of Tri Hita Karana principles, enhancing the skills and knowledge of Bendega personnel, and empowering Bendega through economic activities rooted in local wisdom. Additionally, the strengthening of Bendega institutions and financial support are provided. It is essential to socialize these efforts to the fishermen groups so that they can fully comprehend the protection offered by the Regional Government. This understanding will enable the fishermen to exercise their rights and responsibilities as coastal fishermen.
SETTLEMENT OF SEXUAL VIOLENCE AGAINST CHILDREN BASED ON BALINESE CUSTOMARY LAW Sukmayoga Wiweka, Gede Rhama; Ari Atu Dewi, Anak Agung Istri; Arya Sumertayasa, Putu Gede; Bagiastra, I Nyoman
POLICY, LAW, NOTARY AND REGULATORY ISSUES Vol. 3 No. 2 (2024): APRIL
Publisher : Transpublika Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55047/polri.v3i2.1120

Abstract

This study aims to examine and analyze related to the settlement of crimes of sexual violence against children based on positive law in Indonesia and Balinese customary law. This study uses normative legal research methods with factual approaches, statutory approaches, case approaches, and legal concept analysis approaches. The results of this study explain that arrangements related to sexual violence against children are regulated in Article 81 and Article 82 of the UUPA, regarding their settlement according to the criminal justice system according to the provisions of the Criminal Procedure Code. As well as the settlement of criminal acts of sexual violence against children in Balinese customary law is translated into two approaches to justice, namely criminal sanctions with a retributive approach or criminal sanctions with a restorative approach. And if the settlement is through a restorative approach, the rights of the victim need attention because the victim is an interested party who should have a (legal) position in the settlement process. However, in the criminal justice system in general, it is suspected that victims do not receive equal protection from the authorities in the criminal justice system, so that the true interests of victims are often neglected and even if they do exist, they are only fulfilling the criminal justice administration or management system.
CONSTITUTIONAL SUPREMACY IN LEGAL STATES IN INDONESIA Candra, I Gusti Ayu Agung Dwi; Kartika, I G A Putri; Bagiastra, I Nyoman
POLICY, LAW, NOTARY AND REGULATORY ISSUES Vol. 3 No. 2 (2024): APRIL
Publisher : Transpublika Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55047/polri.v3i2.1134

Abstract

The aim of this paper is to explore the significance of constitutional supremacy within the legal framework of Indonesia. The research methodology employed is normative legal research, utilizing both a statutory regulation approach and an analytical approach. Legal resources are accessed through library research techniques. The findings indicate that constitutional supremacy serves as the foundation for upholding constitutionalism, ensuring the sovereignty of the people. The future of constitutionalism hinges on the decisions made by the Constitutional Court, acting as the guardian of constitutional principles. Amendments to the 1945 Constitution, whether through formal or informal means, are crucial in solidifying Indonesia's status as a legal state. However, changes resulting from the ratification of international agreements may pose challenges by potentially undermining the constitution's authority. This could lead to conflicts between domestic laws and international obligations, creating a dilemma for the Government in balancing national interests with international commitments. Therefore, it is imperative to establish a robust judicial system to safeguard the supremacy of the constitution. Any constitutional interpretations must be shielded from political influences. A system of checks and balances among government institutions, along with a review of laws and regulations to ensure alignment with the 1945 Indonesian Constitution, is essential to uphold constitutional supremacy.
LEGAL CONSEQUENCES OF VIOLATION OF NON DISCLOSURE AGREEMENT OBLIGATIONS AS IMPLEMENTATION OF LEGAL PROTECTION AGAINST TRADE SECRETS Sudana, I Nyoman; Bagiastra, I Nyoman
POLICY, LAW, NOTARY AND REGULATORY ISSUES Vol. 3 No. 3 (2024): JULY
Publisher : Transpublika Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55047/polri.v3i3.1245

Abstract

This high percentage of potential leakage of trade secret information that has economic value from a company can occur either from parties within the company or from parties outside the company if there is no commitment to safeguard the information. The purpose of this writing is to analyze the regulations regarding non-disclosure agreements in trade secrets law and to examine the legal consequences of violations of these agreements. The benefit of this writing is to provide a juridical understanding of the regulation of non-disclosure agreements in efforts to protect trade secrets, as well as to offer scientific contributions in the dimension of legal science related to the regulation of non-disclosure agreements. This study is based on the vagueness of norms, utilizing a type of normative legal research through a legislative approach and analyzed using descriptive and argumentative techniques. The research results show that non-disclosure agreements are not specifically regulated but are generally addressed in trade secrets law. In terms of legal consequences arising from non-fulfillment of the agreement, there are criminal sanctions, including a maximum prison sentence of 2 years and/or a fine of Rp. 300,000,000, as well as civil sanctions in the form of compensation imposed on parties who harm the company. It would be better if non-disclosure agreements were explicitly regulated by law to strengthen their legal force and provide legal certainty for the parties involved in the agreement.
JURIDICAL REVIEW OF CONSUMER PROTECTION IN BUYING AND SELLING TRANSACTIONS USING ELECTRONIC MEDIA Aristya Putra, I Kadek Krisnandika; Bagiastra, I Nyoman
POLICY, LAW, NOTARY AND REGULATORY ISSUES Vol. 3 No. 3 (2024): JULY
Publisher : Transpublika Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55047/polri.v3i3.1380

Abstract

With the advanced digital technology, there are a lot of changes in how people interact and do businesses. E-commerce growth has been stimulated by the rise of internet usage and electronic systems in Indonesia. This change, propelled by development in information technology, has enabled trading to take place through online platforms instead of face-to-face meetings. The purpose of this study is to look at consumer legal protection within e-commerce transactions in Indonesia. The research employs a normative legal approach which explores laws regulating e-commerce such as Law Number 8 of 1999 regarding consumer protection and its amendment. It was established that although there is a comprehensive legal framework for consumer protection; however, some of the challenges include lack of consistency in law enforcement as well as inadequate consumers education among others making it hard to improve consumers’ right at the time when everything is becoming digital.
LEGITIMACY OF A FIXED-TERM EMPLOYMENT CONTRACT BASED ON REMOTE WORK CONCEPT FROM THE PERSPECTIVE OF THE JOB CREATION ACT Madia, Putu Bella Mania; Bagiastra, I Nyoman; Purwanto, I Wayan Novy
POLICY, LAW, NOTARY AND REGULATORY ISSUES Vol. 1 No. 4 (2022): OCTOBER
Publisher : Transpublika Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55047/polri.v1i4.485

Abstract

Labor issues are a social, political and economic phenomenon in modern countries, including Indonesia, and require a way that is no longer conventional in improving the system in employment. As such, remote working can be the solution. The implementation of Remote Working in Indonesia depends on three legal aspects, namely the Criminal Code, the Job Creation Act along with the Labor Law, and the ITE Law. This study aims to analyze the Fixed-Term Employment Contract (PKWT) work relationship based on remote work concept from the perspective of the job creation act and find out the implementation and problems of Fixed-Term Employment Contract. This study employs a normative legal research technique derived from laws and regulations employing a library research technique. According to the findings of this study, Fixed-Term Employment Contract with the Remote Working concept must also adhere to the Labor Law and the Job Creation Act. Besides, the parties who engages on the Fixed-Term Employment Contract must also consider a number of additional legal factors in order to ensure the agreement's legitimacy and the protection of each party's rights and obligations. Despite the passage of the Job Creation Act, it turns out that there are still several issues that require attention.
THE PROBLEM OF THE RE-EXISTENCE OF MPR DECREES AS A TYPE AND HIERARCHY OF LEGISLATION IN INDONESIA Gunawan, Made Gerry; Bagiastra, I Nyoman
POLICY, LAW, NOTARY AND REGULATORY ISSUES Vol. 2 No. 3 (2023): JULY
Publisher : Transpublika Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55047/polri.v2i3.687

Abstract

The Decree of the People's Consultative Assembly, also known as MPR Decrees, contains decisions made by the People's Consultative Assembly. The presence of MPR Decrees has undergone various system dynamics within the hierarchical order of legislation in Indonesia. Law Number 12 of 2011 on the Formation of Legislation reintroduces MPR Decrees as a type and hierarchy of law and regulation, reversing the previous law, Law Number 10 of 2004, which abolished the MPR Decrees from the structural hierarchy. The re-existence of MPR Decrees in the Indonesian legislative system has implications for the order and position of these decrees in the state administration system. This research adopts a normative research method, utilizing a statutory approach as the primary legal material and secondary legal materials such as books, journals, and other sources for analysis. The findings of this study indicate that the re-existence of MPR Decrees creates ambiguity in the validity of the MPR within the state administration system, considering that MPR Decrees originated before the reform or amendment of the 1945 Constitution, when the MPR held a higher position as a state institution. Furthermore, there is no authorized judicial institution to test the MPR Decrees if they are suspected of violating the provisions of the Constitution of the Republic of Indonesia.
The Problematics of Regulating the Maximum Duration of Fixed-Term Employment Agreements Based on the Completion of Specific Work in Legislation: An Analysis of the Implications of Constitutional Court Decision Number 168/PUU-XXI/2023 Mahendra, I Wayan Agus; Bagiastra, I Nyoman
POLICY, LAW, NOTARY AND REGULATORY ISSUES Vol. 4 No. 1 (2025): JANUARY
Publisher : Transpublika Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55047/polri.v4i1.1570

Abstract

The purpose of this study is to discuss the problematic of setting the maximum term limit for a Fixed-Term Employment Agreement (PKWT) based on the completion of a certain job in the legislation, and to allow the implementation of the Constitutional Court (MK) Decision Number 168/PUU-XXI/2023. This Constitutional Court Decision stipulates that the maximum term of PKWT is 5 years, including extensions, which aims to protect workers' rights. This study explores the legal impact of the decision on the implementation of PKWT in Indonesia, including its impact on the provisions of the Job Creation Law and Government Regulation (PP) Number 35 of 2021. The implications of this decision lead to the need to revise provisions that conflict with the Constitutional Court's decision, as well as the need to draft a new law separate from the Job Creation Law to align employment policies with constitutional principles.
Construction of Legislation Formation on Restorative Justice in the Neo-Classical Criminal Perspective of Law Number 1 of 2023 Concerning the Criminal Code Dananjaya, Nyoman Adi Arya Putra; Bagiastra, I Nyoman
POLICY, LAW, NOTARY AND REGULATORY ISSUES Vol. 4 No. 3 (2025): JULY
Publisher : Transpublika Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55047/polri.v4i3.1749

Abstract

Restorative Justice is a process that involves both perpetrators or their families and victims or their families in the process of restoring conditions and rehabilitating perpetrators. This concept has fundamentally developed for a long time, but with the enactment of Law No. 1 of 2023 concerning the Criminal Code, it changes the punishment paradigm that was previously inspired by classical schools focusing on secular retribution, transforming by applying neo-classical schools that maintain balance between objective factors and subjective factors. However, regulatory provisions for restorative justice show disharmonies across investigation, prosecution, and judicial levels, requiring legal construction through expert doctrines and institutional regulations to create a comprehensive framework for applicable criminal cases. This research analyzes and constructs legal frameworks for implementing restorative justice within Indonesia's criminal law system under Law No. 1 of 2023, addressing regulatory disharmonies through neo-classical criminal law perspectives. This study employs normative legal research with a juridical normative approach, analyzing primary, secondary, and tertiary legal materials through literature study techniques. The research integrates statute, conceptual, historical, and comparative approaches to explore restorative justice application in Indonesia's criminal law system, including comparative analysis with Continental European countries. Current restorative justice regulations across investigation, prosecution, and judicial levels exhibit disharmony requiring legal construction through rechtsverfijning and comparative methods to align with the neo-classical paradigm of the 2023 Criminal Code.
Co-Authors A. A. Gede Raka Putra Adnyana Adhi Saputra, I Made Hendra Adi Putra, Salit Ngurah Bagus Anak Agung Ayu Agung Devi Anjani Jelantik Anak Agung Istri Ari Atu Dewi Anak Agung Ketut Sukranatha Anak Agung Ngurah Deva Ekada Saputra Anak Agung Ngurah Putra Satria Kusuma Anak Agung Titah Ratihtiari Anastasya, Dewa Ayu Julia Angga, Dewa Aristya Putra, I Kadek Krisnandika Bagus Gede Ari Rama Bagus Putu Wisnu Mandala W Bagus Putu Wisnu Mandala Weisnawa Budhi Mahayana, I Gede Candra, I Gusti Ayu Agung Dwi Chiara, Ni Putu Ayu Mandalay Shasa Alba Dananjaya, Nyoman Adi Arya Putra Danyati, Ayu Putu Laksmi Darmawan, I Made Yogi Dewa Gede Prawira Buwana DEWI, Ni Luh Putu Yuni Sartika Dwirama Wiguna, I Made Ananda Farel Aditya Maksum Franasia, Franasia Gede Hardiyana Putra Gita Lestari, Made Ayu Gunawan, Made Gerry Holys Abdiel Lumira I Dewa Made Anom Jagadhita I Gede Agus Ngurah Gede I Gede Artha I Gede Arya Kusuma I Gede Dharma Eka Yudarsa I Gusti Agung Ayu Gita Pritayanti Dinar I Gusti Ayu Putri Kartika, I Gusti Ayu I Gusti Ayu Widiadnyani I Gusti Ketut Bagusdharma Liran I Kadek Dwi Wisma Putra I Ketut Markeling I KETUT SUDANTRA I Komang Gede Jaya Artha Kusuma I Made Arya Utama I Made Dedy Priyanto I Made Kresnayana I Nyoman Darmadha I Nyoman Gede Sugiartha I Nyoman Sudana I Putu Donny Laksmana Putra I Putu Raka Wijaya Putra I WAYAN BUDIASA I Wayan Gede Artawan Eka Putra I Wayan Novy Purwanto I Wayan Parsa I Wayan Putra Nugraha I Wayan Wardiman Dinata Ida Bagus Adhitya Prayoga D Ida Bagus Anindya Jaya Keniten Ida Bagus Gede Pratama Ida Bagus Indra Mahardika Ida Bagus Kade Wahyu Sudhyatmika Ida Bagus Putra Atmadja Ida Bagus Putu Sutama Intan Pratiwi Justitio, Andrean Darven Kadek Arya Putra Gunawan Kadek Arya Putra Gunawan Kadek Julia Mahadewi Kadek Lilyani Kadek Radhitya Vidianditha Kartika, I G A Putri Ketut Leona Trida Yuliani Kirana Wiguna, Ni Komang Cahya Komang Tri Sundari Dewi Komang Wahyuni Purnama Ningrum Krista, I Kadek Laksmi, Ida Ayu Dinda Lani Eka Kumala Dewi Luh Kurnia Dharma Pertiwi, Ni Luh Nyoman Alit Aryani, Luh Nyoman Alit Made Arie Wiedhayanti Made Dita Widyantari Made Ray Adityanata Made Sintya Wahyu Wulan Astari Madeni Apriliani, Ni Putu Eka Madia, Putu Bella Mania Mahardika, Muhammad Panji Mahendra Junior, Gde Putra Mahendra, I Wayan Agus MANGGALA, Ni Kadek Erika Marheni, Lily Ni Kadek Ditha Angreni Ni Komang Apriani Ni Luh Dina Yuliana Ni Luh Gede Astariyani Ni Made Adinda Wikan Dewi NI MADE ARI YULIARTINI GRIADHI Ni Made Asri Alvionita Ni Made Deby Anita Sari Ni Made Rian Ayu Sumardani Ni Nyoman Trisnadi Piranti Sari Dewi Ni Putu Ayu Yuliana Murni Ni Putu Meiliana Dewantari NOHANA, Ni Gek Ayu Septi Nugraha, Putu Bagus Satya Nyoman Edy Febriana Nyoman Rexa Danandhika Pangestu, Gede Hadi Pramana, Gede Pasek PRATIWI, I Gusti Agung Istri Ranya Astri Putra Gunawan, Kadek Arya Putu Astika Yasa Putu Gede Arya Sumertayasa Putu Novi Pujayanti Putu Putri Nugraha Putu Tasya Ratna Elisabeth Kusumaedi Putu Tissya Poppy Aristiani Raja Tua Hamonangan Ria Tri Harini Dwi Rusiawati Riana Putra Intaran, Galih Saputra, Komang Yoga Sastra Nugraha, I Made Aditya Selvi Marcellia Sri Deviani Putri, Ni Kadek Ayu Mega Suatra Putrawan sukmayasa, kadek Sukmayoga Wiweka, Gede Rhama Tjokorda Gde Indraputra Udiana, Gede Krisna Wahyu Tantra Setiadi Wayan Agus Singid Adnyana Widyaningrum, Cokorda Istri Sri Dharma Widyasari Susrama Putri, Ni Luh Vita Widyatama, Pande Made Mahatma Wijaya, I Ketut Reksa Windi Dianti Agustin Yustiawan, Dewa Gede Pradnyana