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All Journal Kertha Wicara : Journal Ilmu Hukum Kertha Semaya Kertha Negara : Journal Ilmu Hukum Kertha Desa Kertha Patrika JURNAL MAGISTER HUKUM UDAYANA Jurnal Penelitian dan Pengembangan Sains dan Humaniora (JPPSH) Jurnal Ilmu Sosial dan Humaniora Jurnal Komunikasi Hukum Acta Comitas 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 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 Lex Publica Asas wa Tandhim: Jurnal Hukum, Pendidikan, dan Sosial Keagamaan West Science Interdisciplinary Studies Vyavahara Duta West Science Interdisciplinary Studies
I Nyoman Bagiastra
Fakultas Hukum Universitas Udayana
Religion Arts Humanities Computer Science & IT Economics, Econometrics & Finance Education Engineering Environmental Science Health Professions Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Neuroscience Nursing Public Health Social Sciences Other

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PENGOBATAN TRADISIONAL BALI EMPIRIS DALAM PERATURAN GUBERNUR BALI NOMOR 55 TAHUN 2019 TENTANG KESEHATAN TRADISIONAL BALI Udiana, Gede Krisna; Bagiastra, I Nyoman
Kertha Semaya : Journal Ilmu Hukum Vol 12 No 2 (2024)
Publisher : Fakultas Hukum Universitas Udayana

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24843/KS.2024.v12.i02.p01

Abstract

This study aims to examine the effectiveness of Bali Governor Regulation Number 55 of 2019 on Balinese Traditional Health, which regulates the implementation of traditional Balinese medicine. This study uses a normative legal research method with a legislative and conceptual approach. The results of the study indicate the potential ineffectiveness of the regulation due to the inclusion of empirical definitions in Balinese Traditional Medicine practiced by Pengusadha/Balian and the exclusion of magical-spiritual values in the Ethical Criteria that must be accommodated in the establishment of the Pengusadha Code of Ethics regulated by this regulation. Both of these aspects contradict the beliefs of the Pengusadha concerning Sesananing Balian and the methods of traditional medical practice. This is in line with the theory of legal effectiveness, where societal and cultural factors must be accommodated in the formulation of regulations, especially in the legal objective as a tool for empowering society/social engineering. Keywords: Legal Effectiveness, Empirical Balinese Traditional Medicine, Sesananing Balian.
CORPORATE ORGANS’ ACCOUNTABILITY IN CASE OF SOLE PROPRIETORSHIP BANKRUPTCY Widyaningrum, Cokorda Istri Sri Dharma; Bagiastra, I Nyoman
YURIS: Journal of Court and Justice Vol. 3 Issue 3 (2024)
Publisher : jfpublisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56943/jcj.v3i3.584

Abstract

Job creation provides ease of doing business for the public, especially MSMEs, by allowing them the opportunity to start their own company, which can be founded by one person or can be called as a sole proprietorship. The allowance of forming a limited liability company by one person for MSME business actors has caused legal uncertainty whether its Shareholder General Assembly, Board of Directors, and Board of Commissioners can be appointed by one person, since the Job Creation Law has not amended the provisions of Article 1 point 2 of Law No. 40/2007 on Limited Liability Companies which stipulates that the company’s organs must include the General Meeting of Shareholders, Board of Directors, and Board of Commissioners. This research used normative legal research methods combined with statutory and conceptual approaches. Based on the provisions of Article 7 Paragraphs (1) and (2) of Government Regulation No. 8/2021 concerning that a sole proprietorship company is set up with a deed of establishment equipped with identification of the founders or directors and shareholders of the sole proprietorship company, the company’s organ position in a sole proprietorship company only consists of directors and shareholders, excluding commissioners. Liability when bankruptcy occurs due to negligence or fault of the management can be held personally liable, while shareholders can only be liable to their extent due to the shares they own in the sole proprietorship.
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.
Analysis of the Notary's Responsibility for Errors in Making a Deed Darmawan, I Made Yogi; Bagiastra, I Nyoman
West Science Interdisciplinary Studies Vol. 2 No. 11 (2024): West Science Interdisciplinary Studies
Publisher : Westscience Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58812/wsis.v2i11.1418

Abstract

This research aims to analyze the notary's responsibility for errors in deed preparation, which is a crucial aspect in legal practice in Indonesia. Notaries, as public officials who have the authority to make authentic deeds, play an important role in ensuring the validity of legal transactions. However, errors in making a deed can occur due to various factors, both internal and external, which have the potential to cause legal disputes and financial losses for the parties involved. This research uses a normative method with a qualitative approach to explore the legal norms that regulate the responsibilities of notaries and the implications of errors that may occur. Errors in making a deed can be categorized as typographical errors and substantive errors, each of which has a different impact on the legal force of the deed. Notary responsibilities can be seen from two perspectives, namely civil law and criminal law, depending on the nature of the error that occurred. Research findings show that there is a need to increase awareness of ethics and integrity in notary practice, as well as recommendations for improvements in the implementation of notary duties in order to maintain public trust in this profession. It is hoped that this research can provide a constructive contribution to the development of better notarial practices in Indonesia.
Reform on Death Crime in Law Number 1 of 2023 PRATIWI, I Gusti Agung Istri Ranya Astri; BAGIASTRA, I Nyoman
Protection: Journal Of Land And Environmental Law Vol. 2 No. 1 (2023): Protection: Journal Of Land And Environmental Law. (July – October 2023)
Publisher : Indonesia Strategic Sustainability

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38142/pjlel.v2i1.1058

Abstract

This article aims to analyze, investigate, and understand the reform of the death penalty in Indonesia based on Law Number 1 of 2023, as well as a comparison of the death penalty between China and Indonesia. In this article, the authors use normative legal research methods with a statutory approach. The research results show that the death penalty in Indonesia was initially a primary crime but after the enactment of Law Number 1 of 2023, better known as the New Criminal Code, the death penalty was changed to an alternative crime. This is stated in Article 100 of the New Criminal Code, and convicts have a probation period of 10 years. The sentence can be reduced to life imprisonment if they show commendable morals and behavior. The commendable qualities and behavior are obeying prison regulations and contributing services that benefit the nation and state. Apart from Indonesia, China is a country that still applies the death penalty. Both China and Indonesia have probationary periods before the death penalty is carried out. The probation period is an opportunity for the convict to correct his mistakes. Executions in China are carried out in two ways, namely by being shot in the heart and by lethal injection. In contrast, in Indonesia, they are only shot dead by the executioner.
Criteria and Conditions for Determining an Act of Robbery Reviewed from a Criminal Law Perspective MANGGALA, Ni Kadek Erika; BAGIASTRA, I Nyoman
Protection: Journal Of Land And Environmental Law Vol. 2 No. 1 (2023): Protection: Journal Of Land And Environmental Law. (July – October 2023)
Publisher : Indonesia Strategic Sustainability

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38142/pjlel.v2i1.1059

Abstract

This research aims to determine the legal comparison of criminal acts of theft and mugging or robbery based on the provisions of Indonesian criminal law. It also helps to understand the requirements and influence of interpretation for the legal determination of criminal acts such as robbery from a legal perspective. This type of research is normative legal research, specifically discussing theft and robbery. The data collection method used in this research is a literature study that reviews literature related to the object of this research. The research results show that the comparison between the Crime of theft and not the Crime of robbery lies in using the article regulations. Suppose the Crime of theft is regulated in Article 362 of the Criminal Code. Meanwhile, Article 365 of the Criminal Code regulates the Crime of robbery. Article 365 of the Criminal Code provides a strong legal basis for criminalizing and punishing perpetrators of criminal acts of theft with violence. Correct legal interpretation of Article 365 of the Criminal Code is very important to ensure fair and effective law enforcement against perpetrators of these criminal acts.
Urgency of Reformulation of the National Development Planning System with the Gbhn Model NOHANA, Ni Gek Ayu Septi; BAGIASTRA, I Nyoman
Protection: Journal Of Land And Environmental Law Vol. 2 No. 1 (2023): Protection: Journal Of Land And Environmental Law. (July – October 2023)
Publisher : Indonesia Strategic Sustainability

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38142/pjlel.v2i1.1076

Abstract

The discourse that has emerged in recent years regarding the importance of GBHN and plans to revive GBHN has surfaced. It is due to the less-than-optimal success of the national development planning system, which is a guideline for formulating long-term development plans (RPJP), medium-term development plans (RPJM) and annual development plans or Government Work Plans (RKP). However, the return of the GBHN concept has pros and cons; with the re-enactment of GBHN, it is feared that the authority of the MPR as the highest institution will re-emerge. Therefore, it is contrary to the presidential concept that has been agreed upon. Based on the above thinking, the main problem is how urgent the general boundaries of state policy are in the national development system. Second, How Compatible are the General Outlines of State Policy in the Indonesian Presidential System? In the context of formulation, discussion, and determination, the MPR must base it on the principle of the Democratic Directive Principle of State Policy Making, meaning that the formation of the basic policy must be carried out democratically, where the main feature of the democratic concept is public participation.
Designing Effective Regulations on Rabies Control in Tropical Regions: A Systematic Literature Review Ni Putu Meiliana Dewantari; I Nyoman Bagiastra; I Wayan Gede Artawan Eka Putra
Journal of Law, Politic and Humanities Vol. 5 No. 2 (2024): (JLPH) Journal of Law, Politic and Humanities
Publisher : Dinasti Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jlph.v5i2.1140

Abstract

Rabies, a global public health issue with a 100% mortality rate, affects tens of thousands annually, primarily in tropical regions, and is widespread in over 150 regions. Effective rabies control regulations are crucial in tropical regions due to limited healthcare, dense population, and virus-carrying species, promoting well-being, reducing costs, and promoting sustainability. This article aims to design effective regulations on rabies control in tropical regions. The study utilized a systematic literature review to explore effective rabies control in tropical regions. The analysis used Publish and Perish 8 tool and Mendeley Reference Manager software. The PRISMA was employed to guide the investigation. The study identified 26 significant research articles from 357 exclusions. The results reveal that pet rabies regulations may not effectively control outbreaks, requiring prioritizing awareness campaigns due to resource constraints, weak healthcare systems, and cultural factors in tropical regions. Therefore, the design of effective regulations on rabies control in tropical regions highlight: vaccination programs targeting pet domestications; reducing risk of rabies transmission through domesticated livestock; including rules on control, risk regulation, and animal population control; outlining minimum standards for health facilities and veterinary services; retraining healthcare workers and veterinarians involved in rabies prevention is necessary.
Co-Authors A. A. Gede Raka Putra Adnyana Adhi Saputra, I Made Hendra Adi Putra, Salit Ngurah Bagus 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 Anindya Primadigantari Aristya Putra, I Kadek Krisnandika Bagus Gede Ari Rama Bagus Putu Wisnu Mandala W Bagus Putu Wisnu Mandala Weisnawa Candra, I Gusti Ayu Agung Dwi 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 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 Wayan Gede Artawan Eka Putra I Wayan Novy Purwanto I Wayan Parsa I Wayan Putra Nugraha I Wayan Wardiman Dinata Ida Ayu Dinda Laksmi 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 Lani Eka Kumala Dewi Luh Nyoman Alit Aryani 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 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 Saputra, Komang Yoga Sastera, I Gusti Bagus 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