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Justice-Based Old Age Guarantee Payment Arrangements in Indonesia Kadek Dedy Suryana; R.A Retno Murni; I Ketut Sudantra; Desak Putu Dewi Kasih
Journal of Social Research Vol. 2 No. 5 (2023): Journal of Social Research
Publisher : International Journal Labs

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55324/josr.v2i5.748

Abstract

One of the objectives of establishing the Unitary State of the Republic of Indonesia as stated in the Preamble to the 1945 Constitution of the Republic of Indonesia is to strive to improve the welfare of the people. The welfare in question must be enjoyed in a sustainable, fair, and equitable manner reaching all people. Where this is the right for every citizen to obtain social security that allows the full development of himself as a dignified human being, guaranteed by the 1945 Constitution of the Republic of Indonesia as stipulated in Article 28H paragraph (3) and Article 34 paragraph (2). Social security is also guaranteed in the United Nations Declaration on Human Rights of 1948 and affirmed in the International Labour Organization Convention No. 102 of 1952 which advocates all countries to provide minimum protection to every workforce. The national social security system is basically a state program that aims to provide certainty of protection and social welfare for all Indonesians. Through this program, every resident is expected to be able to meet the basic needs of a decent life in the event of things that can result in loss or decrease in income, due to illness, accidents, loss of work, entering old age, or retirement. The government has several programs in implementing social security, one of which is the Old Age Security Program. Old age insurance is a benefit in the form of cash that is paid in a lump sum after the participant retires, passes away, or experiences permanent total disability. The old-age Guarantee program is designed to provide protection when a person enters old age or retirement, when they no longer have income. Therefore, the name is old age guarantee.
Perspective Legal Theory Analysis Mixed Marriage Arrangements As An Instrument Of Prevention Legal Smuggling In Business Development Herlina, Putu; Bagus Wyasa Putra, Ida; Wayan Windia, I; Putu Dewi Kasih, Desak
International Journal of Educational Research & Social Sciences Vol. 4 No. 6 (2023): December 2023 (Indonesia - Morocco - Angola)
Publisher : CV. Inara in Colaboration with www.stie-sampit.ac.id

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51601/ijersc.v4i6.734

Abstract

Various cases of mixed marriages show that not all mixed marriages are based on the motive of forming a happy family and continuing offspring, but there are also mixed marriages with other motives, including business, by using the Indonesian citizen partner as a tool to control land. property rights status and carrying out business activities at lower costs. According to the Basic Agrarian Law in Indonesia, foreign nationals are prohibited from controlling land with ownership status. The Basic Agrarian Law in Indonesia prohibits Indonesian citizens from controlling land with ownership status and only allows foreigners to hold land rights on Right to Use or Right to Use Building if they have formed a Limited Liability Company. The research method used in this research is the normative juridical research method. The research results show the importance of a legal theoretical basis in establishing mixed marriage arrangements as an instrument for preventing legal smuggling in business development in Indonesia. and proportionally placing marriage and business as different legal events, in accordance with statutory regulations, as well as returning mixed marriages to their natural, social and cultural aims and objectives, so that Indonesian citizen couples in mixed marriages can enjoy their constitutional rights as partners in a marriage like marriage in general.
Formulation of Online Dispute Resolution in Realizing Fair Industrial Relations Dispute Settlement: A Comparative Study Kadek Agus Sudiarawan; Yasa, Putu Gede Arya Sumerta; Desak Putu Dewi Kasih; Nyoman Satyayudha Dananjaya; Ni Ketut Devi Damayanti
Jurnal IUS Kajian Hukum dan Keadilan Vol. 12 No. 2 (2024): Jurnal IUS Kajian Hukum dan Keadilan
Publisher : Magister of Law, Faculty of Law, University of Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29303/ius.v12i2.1308

Abstract

Although alternative method exists as stipulated in Article 3 paragraph (1) and Article 4 paragraph (3) of the Industrial Relations Dispute Settlement Law, in fact, the dispute resolution in Indonesia’s industrial relation has been focusing on litigation mechanisms. However, litigation is not the best way to fulfill both disputing parties’ desire for justice as the output is win-lose. As such, alternative method exists, puts forward the ‘win-win’ solution. Nonetheless, the current legal framework only sets the clear rule of the aforementioned alternative method to be conducted in person, despite the global pandemic Covid-19. Accordingly, ODR is established to enable virtual procurement. This article will analyze the conception and benefits of online dispute resolution, its implementation gaps in the context of industrial relations dispute resolution, and its regulatory formulation to gain legitimacy in Indonesian law. Applying normative legal research, this article uses statutory, conceptual and comparative approaches. From the research conducted, it is indicated that online dispute resolution is technically superior as it is simple, fast, and low in cost. Even under the Industrial Relations Dispute Settlement Law, its application is feasible, specifically through mediation and conciliation. In Indonesia, implementation of online dispute resolution is possible by amending the Industrial Relations Dispute Settlement Law, considering the prioritization of alternative dispute resolution based on practices in Cambodia, Spain, and ILO Guidelines, as well as the superiority of online dispute resolution based on practices in the United States and UNCITRAL Technical Notes.
Quo Vadis Traditional Cultural Expressions Protection: Threats from Personal Intellectual Property and Artificial Intelligence Dharmawan, Ni Ketut Supasti; Kasih, Desak Putu Dewi; Samsithawrati, Putu Aras; Dwijayanthi, Putri Triari; Salain, Made Suksma Prijandhini Devi; Mahaswari, Mirah; Ustriyana, Made Grazia; Moisa, Robert Vaisile
LAW REFORM Vol 19, No 2 (2023)
Publisher : PROGRAM STUDI MAGISTER ILMU HUKUM FAKULTAS HUKUM UNIVERSITAS DIPONEGORO SEMARANG

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14710/lr.v19i2.58639

Abstract

Legal certainty for Communal Intellectual Property protection on the inventory and record-keeping arrangements in terms of ownership proof in Indonesia, has increasingly been regulated in various regulations. However, threats are also growing. Traditional Cultural expression works are easily turned into personal video works. Along with that, such works are also vulnerable as those are easily threatened by Artificial intelligence’s ability to express works made from previous works of art such as paintings. This article aims to analyze Traditional Cultural Expressions protection which are transformed or adapted into personal works or works made by Artificial Intelligence and the measures to overcome these threats. The results show that referring to Government Regulation 56/2022, the commercial use of Traditional Cultural Expressions works both in the form of adaptation and transformation by individual humans and Artificial Intelligence is required to obtain a permit and pay attention to the distribution of benefits which will further be determined by the Minister. However, regulations on this mechanism has not been explicitly regulated. Measures to overcome threats can be made through measures to turn threats into opportunities and strengths. It is also relevant to prioritize countervailing measures, namely by following the pattern of threats as a balancing act.
Penta-Helix Collaboration: Enhancing the Protection of Communal Intellectual Property in Bali Desak Putu Dewi Kasih; Ni Ketut Supasti Dharmawan; Putu Aras Samsithawrati
Jurnal Magister Hukum Udayana (Udayana Master Law Journal) Vol 13 No 2 (2024)
Publisher : University of Udayana

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24843/JMHU.2024.v13.i02.p02.

Abstract

This study aims to elaborate the policies related to the protection of communal intellectual property related to creative economy businesses in the tourism sector and to strengthen the protection of communal intellectual property by carrying out an inventory of traditional cultural expressions in Bali, especially in Gianyar Regency based on a penta-helix collaboration. This is socio-legal research with statutory, conceptual, economic, and technological approaches. The study indicated that communal intellectual property in the form of traditional cultural expressions has high economic value hence, it can be used to support the tourism creative economy business while still prioritizing the values ??that are believed by the community. Inventory must be carried out in accordance with Article 7 of Permenkumham 13/2007. The inventory has been carried out in Bali, although it has not been maximized. Inventory of traditional cultural expressions shall be carried out sustainably in the form of a penta-helix collaboration.
Analysis of the Role of State Administrative Law in Public Policy Suryantari, Ni Putu; Dewi Kasih, Desak Putu
West Science Interdisciplinary Studies Vol. 3 No. 01 (2025): West Science Interdisciplinary Studies
Publisher : Westscience Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58812/wsis.v3i01.1575

Abstract

State Administrative Law has a very important role in the formation, implementation and supervision of public policy in a country. This law regulates the relationship between state institutions and society, and provides a valid legal basis for government actions. This research aims to analyze the role of State Administrative Law in public policy, especially in terms of transparency, accountability and equity in public services. The method used in this research is a normative research method where this research was carried out based on secondary data in the research. The type of approach used is a qualitative approach with descriptive analysis. The research results show that State Administrative Law plays an important role as a legal basis in the preparation and implementation of public policies. HAN ensures that the policies taken by the government are in accordance with applicable laws and regulations, prevent abuse of authority, and guarantee justice for the community. Oversight and accountability in public policy, through supervisory institutions and administrative justice, ensure that policies are implemented correctly and transparently. Apart from that, HAN also protects community rights through an administrative lawsuit mechanism, providing space for the community to demand justice against detrimental policies. The transparency guaranteed by HAN increases public participation in the policy-making process, improves the quality of policies, and increases the legitimacy of policies in the eyes of the public. Overall, State Administrative Law supports the creation of legal, fair, transparent and accountable public policies, and ensures that people's rights are protected.
Policies Concerning Sacred And Open Traditional Cultural Expressions: Tourism And Creative Economy In Bali Context Dewi Kasih, Desak Putu; Dharmawan, Ni Ketut Supasti; Samsithawrati, Putu Aras; Dwijayanthi, Putri Triari; Dian Sawitri, Dewa Ayu; Krisna Yanti, A.A. Istri Eka
JATISWARA Vol. 38 No. 1 (2023): Jatiswara
Publisher : Fakultas Hukum Universitas Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29303/jtsw.v38i1.475

Abstract

This study aims to elaborate on the policies regarding the protection of TCEs related to creative economy businesses in the tourism sector, and the implementation of these policies in Bali. The study uses a socio-legal research method by using statutes, conceptual, economic, and technological approaches. The study indicated that TCEs are transformed across generations in custodian communities that are not sacred can be categorized as open TCEs and can be developed to support tourism creative economy businesses. Meanwhile, the type of TCEs that are sacred can only be used by the community carrying them for sacred purposes, categorized as closed TCEs. The policies at the international, national, and local levels related to open TCEs have regulated access for it to be developed for creative economy businesses including the tourism sector as well as protection of benefit sharing for the community. Meanwhile, the Indonesia Copyright Law and Provisions on Communal Intellectual Property Data have not accommodated benefit sharing. In Bali, policy related to sacred TCE can be observed through the 2019 Joint Decree on the Strengthening and Protection of Balinese Sacred Dances that prohibits Balinese Sacred Dances from being performed outside of sacred purposes. The implementation of an inventory of the protection of TCEs in Bali has been carried out by the Office of the Ministry of Law and Human Rights of Bali Province in collaboration with the Regional Government in Bali including university, although has not been maximized due to the large variety of cultural expressions in the community.
Analysis of the Role of State Administrative Law in Public Policy Ni Putu Suryantari; Desak Putu Dewi Kasih
West Science Interdisciplinary Studies Vol. 3 No. 01 (2025): West Science Interdisciplinary Studies
Publisher : Westscience Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58812/wsis.v3i01.1575

Abstract

State Administrative Law has a very important role in the formation, implementation and supervision of public policy in a country. This law regulates the relationship between state institutions and society, and provides a valid legal basis for government actions. This research aims to analyze the role of State Administrative Law in public policy, especially in terms of transparency, accountability and equity in public services. The method used in this research is a normative research method where this research was carried out based on secondary data in the research. The type of approach used is a qualitative approach with descriptive analysis. The research results show that State Administrative Law plays an important role as a legal basis in the preparation and implementation of public policies. HAN ensures that the policies taken by the government are in accordance with applicable laws and regulations, prevent abuse of authority, and guarantee justice for the community. Oversight and accountability in public policy, through supervisory institutions and administrative justice, ensure that policies are implemented correctly and transparently. Apart from that, HAN also protects community rights through an administrative lawsuit mechanism, providing space for the community to demand justice against detrimental policies. The transparency guaranteed by HAN increases public participation in the policy-making process, improves the quality of policies, and increases the legitimacy of policies in the eyes of the public. Overall, State Administrative Law supports the creation of legal, fair, transparent and accountable public policies, and ensures that people's rights are protected.
Looking to the Future of Bali Tourism: Strategy for Sustainable Governance Transformation in Law No. 15 of 2023 A.A Bagus Adhi Mahendra Putra; I Made Subawa; Putu Gede Arya Sumerta Yasa; Desak Putu Dewi Kasih
Journal of Legal and Cultural Analytics Vol. 4 No. 1 (2025): February 2025
Publisher : PT FORMOSA CENDEKIA GLOBAL

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55927/jlca.v4i1.13971

Abstract

Bali's tourism plays a crucial role in Indonesia's economy but has negative environmental and socio-cultural impacts due to rapid growth. Law No. 15 of 2023 marks a significant step toward sustainable tourism governance by regulating natural, cultural, and social resource management. This study uses a qualitative descriptive approach, with literature reviews and interviews with policymakers, industry players, and local communities, to explore the strategy for transforming Bali's tourism governance under this law. Results show that the law strengthens community participation and conservation, yet challenges remain in implementation and the need for better collaboration among stakeholders. The study highlights the importance of consistent regulation and collaboration in achieving sustainable tourism in Bali.
Constructive Termination of Employment by Indonesia Companies: A Comparative Study Kasih, Desak Putu Dewi; Satyayuda Dananjaya, Nyoman; Sudiarawan, Kadek Agus; Raksita, I Putu Bimbisara Wimuna
Susbtantive Justice International Journal of Law Vol 4 No 2 (2021): Substantive Justice International Journal of Law
Publisher : Faculty of Law, Universitas Muslim Indonesia, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33096/substantivejustice.v4i2.143

Abstract

This research aims to identify the regulation and dispute resolution regarding constructive termination of employment by a company in the perspective of Indonesian Labor Law. This research also compares the constructive termination of employment by companies based on International Law and Japan Labor Law. This is normative legal research with a statutory approach, conceptual approach, and also comparative law approach. The result shows that the constructive termination of employment has not been specifically regulated in the Indonesian Labor Law system, hence it becomes an exploitation gap that is used by companies to be able to terminate employment relations without protecting the worker’s right. The dispute resolution mechanism in terms of constructive termination of employments still refers to the provisions of the Industrial Relations Dispute Settlement Law, namely through bipartite negotiations, tripartite, and industrial relations courts. The constructive termination of employment has been substantively regulated in the ILO Convention C-158 concerning the Termination of Employment, which regulated in Article 4 to Article 6. Further in Japan, the constructive termination of employment is regulated in the Japan Labor Union Act, Act Number 174 of 1949 in Article 7 paragraph (i), (iii), and (iv) with its national enforcement.
Co-Authors A A Gede Agung Dharmakusuma A. A. Gede Agung Dharmakusuma A. A. Istri Esa Septianingrum Semara A.A Bagus Adhi Mahendra Putra A.A. Gede Agung Dharmakusuma AA Gede Agung Dharma kusuma Agung Bagus Adhi Mahendra Putra Alvyn Chaisar Perwira Nanggala Pratama Anak Agung Bagus Juniarta Anak Agung Gede Duwira Hadi Santosa Anak Agung Istri Ari Atu Dewi Anak Agung Istri Laksmi Lestari Anak Agung Ngurah Bagus Candra Dinata Anak Agung Ngurah Bhaskara Ananda Putra Anak Agung Ngurah Oka Satria Krisna Anak Agung Sagung Wiratni Darmadi Any Prima Andari Atmaja, I Komang Tri Bagus Julio Suroso Bagus Wyasa Putra, Ida Bagus Yoga Pratama Baskoro, Yonathan Andre Bella Kharisma Bima Bagus Wicaksono Brahmanta Awatara, Nyoman Genta Calvin Smith Houtsman Sitinjak Deris Stiawan Desy Rositawati Dewa Gde Rudy Dewa Gede Agung Oka Dharma Palguna Diah Wijana Putri Dwijayanthi, Putri Triari Edy Nurcahyo Gde Made Swardhana Gde Putu Oka Yoga Bharata Gede Wiriya Kusuma Gusti Ayu Putu Leonita Agustini Herawati, Kadek Mery Herlina, Putu I Dewa Gede Surya Pradita I Gede Agus Kurniawan I Gede Arya Badra Suta I Gede Arya Juniardana I Gede Panca Sudiarta I Gede Willy Pramana I Gust i Ngurah Wairocana I Gusti Agung Mas Rwa Jayantiari, I Gusti Agung I Gusti Ayu Indra Dewi Dyah Pradnya Para I Gusti Ayu Kartika I Gusti Ayu Putri Kartika, I Gusti Ayu I Gusti Ayu Trisna Komala I Gusti Ketut Ariawan I Gusti Ketut Ariawan I Gusti Ngurah Bagus Surya Kusuma I KETUT ARYA PRAYOGA I KETUT SUDANTRA I KETUT WESTRA I Made Arya Utama I MADE DARMADI YOGA I Made Sarjana I Made Sarjana I MADE SUBAWA I Made Udiana I Nengah Putra Wijaya Ronthi I Nyoman Darmadha I Nyoman Hery Huryadinatha I Nyoman Triambara Saputra I Putu Agus Tresna Rustiawan I Putu Angga Suwidya Putra I Putu Bimbisara Wimuna Raksita I Putu Gede Arya Ery Pratama I Wayan Arnita I Wayan Deva Pradita Putra Ibrahim R Ibrahim R Ibrahim R Ida Ayu Imasz Casabana Ida Ayu Putu Widhiantini Ida Bagus Gde Gni Wastu Ida Bagus Putu Sutama Ira Kusuma Wardani, Putu Ayu Kadek Adnan Dwi Cahya Kadek Agus Sudiarawan Kadek Dedy Suryana Kadek Septia Ningsih Kadek Widhi Pradnya Gita Komang Indra Suputra Krisna Yanti, A.A. Istri Eka Made Pramanaditya Widiada Made Pramanaditya Widiada Made Suksma Prijandhini Devi Salain Mahaswari, Mirah Marwanto Marwanto Marwanto Marwanto, Marwanto Meliana, Astri Moisa, Robert Vaisile Muhammad Maulana M Ni Kadek Erlina Wijayanthi Ni Kadek Mira Lady Virginia Ni Ketut Devi Damayanti Ni Ketut Purwanti Ni Ketut Supasti Dharmawan Ni Made Dwi Andiari Ni Putu Ayu Yulistyadewi Ni Putu Diah Puspita Sari Ni Putu Purwanti Ni Putu Sari Wulan Amrita Ni Putu Sintha Tjiri Pradnya Dewi Ni Putu Sintha Tjiri Pradnya Dewi Ni Putu Suryantari Nurcahyo, Edy Nyoman Satyayuda Dananjaya Nyoman Satyayudha Dananjaya Pebry Dirgantara, Pebry Priskila Putrayasa Putu Aras Samsithawrati Putu Aras Samsithawrati Putu Arif Sanjaya Putu Gede Arya Sumertayasa Putu Harini Putu Krisna Dirgayasa Putu Netta Sukmayanti R.A Retno Murni Raksita, I Putu Bimbisara Wimuna Resta, Ngurah Wahyu Sagung Putri M. E. Purwani Satyayuda Dananjaya, Nyoman Sawitri, Dewa Ayu Dian Selvi Marcellia Suatra Putrawan Sugeng Santoso Sumardika, I Nyoman Suryantari, Ni Putu Tjok Istri Putra Astiti Tjokorda Gde Bagus Mahadewa Tude Trisnajaya Ustriyana, Made Grazia Wayan Windia, I Yuliana Christina Metan