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Penerapan Peraturan Daerah Kota Denpasar Nomor 3 Tahun 2015 Tentang Pengelolaan Sampah Dewa Gede Agus Anjaswara; I Gusti Bagus Suryawan; Luh Putu Suryani
Jurnal Konstruksi Hukum Vol. 1 No. 1 (2020): Jurnal Konstruksi Hukum
Publisher : Warmadewa Press

The city of Denpasar has not been able to carry out waste management properly, even though waste management is very important to reduce the volume of waste, and it can even use waste into useful objects or products. Denpasar City tries to manage waste in Denpasar. The purpose of this research is to find out how the implementation of Denpasar City Regulation Number 3 of 2015 concerning Waste Management and to find out the supporting and inhibiting factors of the enactment of Denpasar City Government Regulation Number 3 of 2015 concerning Waste Management. This study was designed using empirical legal research with a statutory approach. The data collection techniques used in the study were interviews and documentation. The results show that the action of the Denpasar city government against violations of the Regional Regulation of the City of Denpasar Number 3 of 2015 concerning waste management is to implement minor crimes against offenders where those who violate are tried in light criminal court (Tipiring). Then, the supporting and inhibiting factors for the enforcement of Regional Regulation Number 3 of 2015 on Waste Management are the legal basis for cleanliness management that has been issued by the Denpasar City Government in the form of Legislation, Regional Regulations, and the Mayor of Denpasar. Inhibiting factors for the enforcement of Sanctions by Regional Regulation No.3 of 2015 on Waste Management, namely factors of law enforcement officers, facilities and infrastructure factors, and community factors.

Penegakan Sanksi Terhadap Aparatur Sipil Negara yang Melakukan Pelanggaran Disiplin di Lingkungan Pemerintah Kota Denpasar Ni Luh Sandiani; I Gusti Bagus Suryawan; Ida Ayu Putu Widiati
Jurnal Interpretasi Hukum Vol. 1 No. 1 (2020): Jurnal Interpretasi Hukum
Publisher : Warmadewa Press

One of the problems faced by the Indonesian bureaucracy is the violation of discipline by Civil Servants. Therefore, Law No. 5 of 2014 concerning Civil Servantsand PP No. 53/2010 concerning Civil Servant Discipline. Based on this background, this research was conducted with the aim of outlining how the discipline of Civil Servants in Denpasar City Government based on Law No.5 / 2014 concerning ASN and PP No. 53/2010 concerning Discipline of Civil Servants and how to enforce legal sanctions for Civil Servants who commit disciplinary violations within the Denpasar City Government. This research was designed using an empirical approach. This research was conducted directly at the Denpasar City BKPSDM by conducting interviews with the Kasubid Discipline and the Denpasar City BKPSDM Award. The results of this study indicated that the regulation of Civil Servant discipline in the BKPSDM is clearly regulated in the Civil ServantLaw and PP No. 53/2010 concerning Discipline of Civil Servants, and enforcement of legal sanctions at the BKPSDM for ASN who commit violations of discipline are also guided by Law No. 5 of 2014 concerning ASN and PP No 53/2010 concerning Discipline of Civil Servants. These laws and regulations already have clear rules. The causes of discipline violations committed by Civil Servants are that Civil Servantsdo not understand the rules, the leadership does not act firmly, lack of inherent supervision (WASKAT), and lack of appreciation praise for subordinates.

Mekanisme Pembubaran Partai Politik di Indonesia Ramot H.P Limbong; I Gusti Bagus Suryawan; I Nyoman Sutama
Jurnal Preferensi Hukum Vol. 1 No. 1 (2020): Jurnal Preferensi Hukum
Publisher : Warmadewa Press

Political parties as legal entities may be subject to criminal liability as they are seen from the characteristic of political parties in accordance with the characteristics of the legal entity. The dissolution of political parties becomes one of the legal issues governed by Indonesian legislation. The problem of this research is: 1) how is the Constitutional Court Authority in the dissolution of political parties in Indonesia? 2) How is the mechanism of dissolution of political parties? The type of research and approach problems used is normative legal research and statutory approaches. The source of the legal material used is the primary source of legal material and the source of secondary legal material. The technique of collecting legal materials is the technique of library study. The collected legal materials are processed and analyzed using legal arguments. The result of this research is the procedure of the dissolution of political parties in the Constitutional Court as follows: Application submission, application registration and trial schedule, preliminary examination, trial examination, meeting Judge, the verdict of the Constitutional Court. The result of the dissolution of political parties may result in external rights and obligations, due to elected positions, due to the status of managers and members and the consequences of internal rights and obligations.

Penegakan Hukum terhadap Penyalahgunaan Narkotika Made Ratih Pradnyantari; I Gusti Bagus Suryawan; I Nyoman Sujana
Jurnal Preferensi Hukum Vol. 2 No. 1 (2021): Jurnal Preferensi Hukum
Publisher : Warmadewa Press

Narcotics misappropriations have the bad impacts for nation generation continuance. The anticipation needs cooperation from all society elements, such as family, every education stages until universities and government must be united on narcotic. Prevention efforts in environment around them. The aims of this research are as follows: 1. To find out the steps which are applied by low enforcement in against narcotics misappropriation, 2. To find out and understand about doubt imposition which is did by the users of narcotics misappropriation. The law object source of this research is primary and secondary law object, the technique of accumulating is using document regristration method and recite the law regulations which are related to the problem and analysis by using descriptive qualitative.From the result of observation and researsech, the step that all of society element in narcotic prevention efforts in society environment, such as: 1. Promotive method, 2. Presentative method, 3. Repressive method, 4. Curative method, 5. Rehabilation. Criminal doubt is given for the narcotics addict who is walk on punishment period in jail, where as the action doubt is given for narcotics addict who become as a victim. Therapy and treatment will held as the rehabilition facilities.Government as policy taker is expected can formulate laws and regulations which are more binding in controlling and production of narcotics in Indonesia, and there is needs socialiscation and eludication about the impact of narcotics misappropriation.

Peran TP4D Kejaksaan Negeri Denpasar dalam Mengawal Pembangunan Daerah dalam Pencegahan Tindak Pidana Korupsi Ni Ketut Puput Cahyaningsih; I Gusti Bagus Suryawan; I Nengah Laba
Jurnal Preferensi Hukum Vol. 2 No. 1 (2021): Jurnal Preferensi Hukum
Publisher : Warmadewa Press

The implementation of strategic policies to eradicate corruption through prosecution alone will not succeed without the prevention efforts as a form of awareness for the public about the dangers of corruption which ultimately arouse the spirit of anti-corruption in all levels of society. Attorney General's instruction Number: INS-001 / JA / 10/2015 concerning the establishment and implementation of the duties of the guards for the security of the central and regional government, the formation of the TP4D Team was intended for safeguarding and escorting the government in the execution of strategic projects to be successful and to prevent corruption. This research uses juridical empirical methods and purposive techniques. Data analysis of this research was carried out qualitatively. The problems in this research are about (1) What is the role of the The authority of the Guard, Government and Regional Development Team (TP4D) in Denpasar District Prosecutor’s an effort to prevent corruption? (2) What obstacles have been faced The authority of the Guard, Government and Regional Development Team (TP4D) Denpasar District Prosecutor’s in guarding regional development? Based on the results of interviews with the Head of Intelligence Section, Head of Financial Economic and Strategic Development Sub-Section and Head of the Investigation Section it can be conclude: (1) The Role of Denpasar District Prosecutor’s in preventing corruption includes providing legal opinions on the running of local government development projects to anticipate abuse of power (2) the obstacles experienced by the TP4D Denpasar District Prosecutor’s in guarding development in the city of Denpasar there are two obstacles including technical barriers and judicial barriers.

Criminal Liability for the Abuse of a New Type of Narcotics (Alpha Propylaminopentiophenone) in Indonesia Ni Gek Ayu Septi Nohanaa; I Gusti Bagus Suryawan; I Wayan Rideng
Journal Equity of Law and Governance Vol. 3 No. 1
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55637/elg.3.1.6612.52-57

With the rapid development of information technology, the types of Narcotics are increasing, one of which is Alpha Propylaminopenthiophenone, which is a new type of Narcotics that is not yet contained in statutory regulations, so there is a void in norms. Propylaminonepenthiophenone) can be held criminally responsible? 2. What are the arrangements for new types of narcotics users such as Alpha Propylaminonpentionefenone in the future? The use of the method in this study is a type of normative legal research with a statutory regulatory approach, the source of data is through legislation which includes Law Number 35 of 2009 and the purpose of this study is to determine criminal liability for users of a new type of narcotics (alpha propylaminopenthiophenone). in Indonesia. The results of the study can be explained that Alpha Propylamininpenthiophenone has not been regulated in Indonesian Legislation and Users of these substances cannot be held criminally responsible because the Indonesian legal system adheres to the principle of legality, so with regard to this it is necessary to regulate (Alpha Propylaminonpenthiophenone) so that users can be held criminally responsible and should reform the Narcotics Law which states that all substances containing narcotic substances are considered narcotics.

Arrangements of Space Utilization Control in Tourism Areas Based on Justice and Local Wisdom in Realizing Community Welfare I Gusti Ngurah Muliarta; I Nyoman Putu Budiartha; I Gusti Bagus Suryawan
Journal Equity of Law and Governance Vol. 3 No. 2
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55637/elg.3.2.8461.97-104

This study delves into the regulation of space utilization control in tourism areas, exploring its nature, legal aspects, and models based on Law No. 6/2023. The main legal queries addressed are the nature of these regulations, their alignment with Ratio Legis, and proposing a model for justice-based control in tourism space. Employing a normative legal research methodology, this study adopts statutory, conceptual, legal historical, philosophical, and comparative legal approaches. Primary, secondary, and non-legal materials are used for analysis. The research concludes that controlling space utilization in tourism areas involves fairness and local wisdom, emphasizing alignment with societal values while addressing governmental, business, and community needs. Ratio Legis under Law No. 6/2023 simplifies licensing to foster employment opportunities and community economic growth, overriding zoning regulations. The proposed control model emphasizes; regulating activities based on space suitability, providing incentives and disincentives, aligning with local wisdom values, and imposing sanctions for compliance. This research contributes insights for just and locally rooted control mechanisms, ensuring community welfare while harnessing the potential of tourism spaces in harmony with societal values and legal regulations.

Legal Responsibility Hotel Tourism Accommodation Company in Termination of Employment During the Covid-19 Pandemic Fatikhah Kismilarsih; I Nyoman Putu Budiartha; I Gusti Bagus Suryawan
Journal Equity of Law and Governance Vol. 3 No. 2
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55637/elg.3.2.8470.111-119

The Covid-19 pandemic significantly impacted tourism accommodation companies, resulting in a drastic reduction in tourist visits and subsequent workforce layoffs, leading to terminations. Normatively, legal regulations have not comprehensively addressed the challenges arising from these terminations during the pandemic, leading to a legal vacuum regarding the responsibilities of accommodation companies towards terminated employees (rechtsvacuum). Empirically, the research focuses on analyzing the implications of legal protection on hotel and tourism accommodation workers facing termination due to the pandemic. This study employs a mixed-methods approach combining legal doctrinal and empirical research. Findings reveal the uncertain legal status of terminated workers in the context of hotel and tourism accommodation companies during the Covid-19 pandemic. Despite being sent home, these workers legally retain their employee status under the Job Creation Law, entitling them to monthly wages, allowances, and other associated rights. The regulatory framework addressing accountability for layoffs during the pandemic includes Article 156 of the Employment Law, Article 156 of the Job Creation Law, as well as PP Number 35 of 2021 and PP Number 37 of 2021. To enhance future accountability models for hotel and tourism accommodation companies regarding employment termination, an addition in paragraph (3) of Article 43 in PP Number 35 of 2021 is suggested specifically concerning laid-off workers' rights and obligations.

Perlindungan Terhadap Pegawai Pemerintah dengan Perjanjian Kerja (PPPK) Melalui Jaminan Hari Tua (JHT) I Gede Ary Setiawan; I Gusti Bagus Suryawan; Indah Permatasari
Jurnal Konstruksi Hukum Vol. 3 No. 3 (2022): Jurnal Konstruksi Hukum
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/jkh.3.3.5358.498-502

Indonesia is one of the countries that prosper its people by providing guarantees provided by the government, namely the Old Age Security (JHT), this guarantee for formal workers who have entered an unproductive age, protection for workers, especially PPPK, and guarantees that Old Age Security (JHT) participants get money to cash in case of retirement, permanent total disability, or death in the ASN Law. The formulation of these problems, including Regarding the arrangements related to the Old Age Security Rights (JHT) for Government Employees with Work Agreements (PPPK) and Related to the mechanism of providing Old Age Security Rights (JHT) for Government Employees with Work Agreements (PPPK) In this study is normative legal research with a statutory approach and legal concept analysis approach. This research concludes that the regulation related to Old Age Security Rights (JHT) for PPPK is regulated in Article 106 paragraph (1) of Law no. 5 of 2014 concerning State Civil Apparatus, Article 75 PP No. 49 of 2018 concerning Management of Government Employees with Work Agreements and the Mechanism of Granting Old Age Security (JHT) for PPPK is regulated in Article 106 of Law no. 5 of 2014 concerning State Civil Apparatus.

Legal Protection For Copyright Holders For Violations In The Form of Piracy of Film Cinematographic Works on The Telegram Application Oka Sugiadnyana, I Made; Bagus Suryawan, I Gusti
Journal of Law, Politic and Humanities Vol. 4 No. 4 (2024): (JLPH) Journal of Law, Politic and Humanities (May-June 2024)
Publisher : Dinasti Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jlph.v4i4.373

The purpose of this research is to determine the legal protection sought by cinematography copyright holders against piracy of film works via Telegram. The method used in this research is a normative legal research method with a statutory regulatory approach. The research results show that acts of piracy, such as duplicating and distributing cinematographic works without the author's permission, are legal violations that harm copyright holders, both economically and morally. In the context of legal protection for the copyright of cinematographic works, there are two forms, namely preventive legal protection by the government in the form of laws and regulations that regulate it and repressive protection through dispute resolution. Creators or copyright holders can take legal steps, either through litigation in court or non-litigation outside of court with the help of third parties, as an effort to overcome piracy of cinematographic works that occurs in the Telegram application.

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