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All Journal Kertha Negara : Journal Ilmu Hukum Kertha Patrika JURNAL MAGISTER HUKUM UDAYANA Jurnal Kajian Bali Bestuur Jurnal Hukum IUS QUIA IUSTUM Journal of Indonesian Legal Studies Jurnal Penelitian Hukum De Jure Constitutional Review Udayana Journal of Law and Culture Journal Equity of Law and Governance Jurnal Konstitusi Journal of Social Research East Asian Journal of Multidisciplinary Research (EAJMR) Indonesia Law Review (ILREV)
I Dewa Gede Palguna
Fakultas Hukum Universitas Udayana
Religion Arts Humanities Computer Science & IT Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Education Environmental Science Industrial & Manufacturing Engineering Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Public Health Social Sciences Other

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The Legal Power of the Constitutional Court Decisions Remains Suandika, I Nyoman; Usfunan, Yohanes; Palguna, I Dewa Gede; Adiyaryani, Ni Nengah
Journal of Social Research Vol. 2 No. 12 (2023): Journal of Social Research
Publisher : International Journal Labs

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55324/josr.v2i12.1606

Abstract

Issues relating to granting permanent legal force to decisions of the constitutional court immediately after they are pronounced in a plenary session open to the public are important to research for several reasons Firstly, it is very important for us to know the rationale for granting permanent legal force to decisions of the constitutional court given immediately after completion. pronounced in a public meeting open to the public. Second, understanding the permanent legal force of constitutional court decisions is also related to the question of why it is not possible to have legal efforts to correct constitutional court decisions if errors occur in terms of achieving legal certainty. Based on this, the question also arises as to whether the constitutional court's decision regarding this error will continue or not. Third, it is related to whether the legislator (positive legislator) can override the decision of the constitutional court. What is the rationale underlying the granting of permanent legal force to a Constitutional Court decision from the moment it is pronounced in a session open to the public? This research is normative legal research because there is a legal vacuum if the constitutional court's decision is contrary to the spirit of the 1945 Constitution. The importance of immediacy in granting permanent character to the constitutional court's decision, if viewed from the law in book aspect, is indeed the best choice. This is based on the following reasons. First, the Constitutional Court was formed to protect the purity of the Constitution with a more detailed interpretation. This interpretation will be used as a basis for resolving problems by certain authorities who are given direct authority by the Constitution. Therefore, it is appropriate that the interpretation is only carried out once, which is binding so that the decision must be placed at the first and final level where no effort can be made to cancel it. Second, apart from that, it must also be understood that the constitutional court as a constitutional court can resolve problems and provide legal certainty quickly by the principles of fast and simple justice.
REGULATING FOOD WASTE MANAGEMENT IN INDONESIA: DO WE NEED AN OMNIBUS LAW (AGAIN)? Satyawati, Ni Gusti Ayu Dyah; Suyatna, I Nyoman; Gede Arya Sumerta Yasa, Putu; Palguna, I Dewa Gede; Rajaratnam, Nadeeka
Indonesia Law Review Vol. 14, No. 1
Publisher : UI Scholars Hub

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Abstract

Indonesia was regarded to be the world's second-largest food loss and waste-producing country. Food waste contributes the most significant amount in Indonesia compared to other types of waste. This paper aims to discuss three legal issues. First, it identifies, in descriptive-normative means, the legal framework regulating food waste, which is the intersection of two legal regimes: 'the food management' and 'the waste and environmental management”. Second, it presents a comparative study by exploring the more advanced food waste legal frameworks, which take examples from Europe. The third objective is to recommend legal, institutional, and policy steps to mainstream food waste management in Indonesia. This paper suggests that statutory regulations have indicated an initial concern about food waste; however, they do not provide a strict mandatory obligation to relevant stakeholders. Indonesia may use Europe’s remarkable achievements as lessons learned in initiating a comprehensive legal framework for food waste in the future. This paper, therefore, proposes a Law on Sustainable Food System as an ius constituendum to figure out a comprehensive solution for combining food management and environmental sustainability needs. In terms of legislative drafting, an omnibus law seemed suitable for drafting such a law, which crosses different legal regimes, and the existing provisions are spread in various regulations.
Agrarian Reform Responding to the Challenges of the Times I Made Pria Dharsana; I Dewa Gede Palguna; Indrasari Kresnadjaja
Journal Equity of Law and Governance Vol. 2 No. 2
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/elg.2.2.5879.86-93

Abstract

Indonesia has entered the age of 77 years. In a long period of time, it seems we should be concerned that the implementation of Agrarian Reform as an effort to reorganize the ownership, control, use, and utilization of land for justice, prosperity, and people's welfare which is a national priority has not been fully successful. The Agrarian Reform Movement must be admitted that it is not a solution to the existing conflict. However, the aim of the agrarian reform is expected to be a systematic effort that is more preventive in nature to avoid the occurrence of agrarian inequality and conflict in the country in the future. So the author concludes that the main goal of “Agrarian Reform Responding to the Challenges of the Times is the creation of social justice which is marked by the existence of agrarian justice, increased productivity, and increased people's welfare.
Panca Datu Logic Framework for Sustainability Evaluation: Conceptual Development and Three Case Simulations from Bali Mahardika, Gusti Ngurah; Adnyana, Ida Bagus Windia; Antara, Nyoman Semadi; Palguna, I Dewa Gede
Jurnal Kajian Bali (Journal of Bali Studies) Vol. 16 No. 1 (2026): Bali Beyond Bali
Publisher : Universitas Udayana

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24843/JKB.2026.v16.i01.p15

Abstract

Many public and organizational programs achieve technical success, regulatory compliance, and high budget absorption, yet fail to sustain outcomes once external support ends, as prevailing evaluation frameworks emphasize outputs over sustainability. This gap reflects the absence of an integrated perspective on how institutional conditions shape long-term durability. This paper proposes the Panca Datu Logic Framework (PDLF), where panca denotes “five” and datu foundational elements, as a conceptual guide for sustainability evaluation. Using a conceptual-synthetic approach grounded in abductive reasoning, the framework is illustrated through three case-based simulations in Bali: rabies control, community-based turtle conservation, and waste management programs. The PDLF conceptualizes sustainability as an emergent, non-compensatory property arising from alignment among five domains—legal, human, financial, infrastructure, and culture—with culture positioned as an outcome of systemic coherence. The framework offers an analytical lens to explain both program fragility and sustained performance across institutional and geographical gradients spanning local, national, and global contexts.
The Regulation Impact of Foreign Ownership on the Cooperation Projects Air Transportation Palguna, I Dewa Gede; Santosa, Anak Agung Gede Duwira Hadi; Shara, Made Cinthya Puspita; Karunian, Alia Yofira
BESTUUR Vol 12, No 1 (2024): Bestuur
Publisher : Administrative Law Departement Faculty of Law Universitas Sebelas Mare

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/bestuur.v12i1.79217

Abstract

This study aims to identify, locate, and analyze constitutional issues regarding the impact of foreign capital ownership above 50% (fifty percent) in government-business cooperation projects, particularly in the area of public interest projects involving air transportation infrastructure. This normative research examines legal texts, mainly primary and secondary legal materials. This research found that, first, the changes in the Presidential Regulation regarding foreign investment in the field of public interest, such as airport services, were incompatible with the Constitution. The changes abolished the maximum percentage limit of foreign investment regulated in the previous provisions so that currently, foreign investment may carry out Government Cooperation with Business Entities on air transportation infrastructure projects without a percentage limit. Second, based on the Indonesian Constitution, ownership of air transportation should be under the state's authority, learning from China, which excessively applies foreign investors in the air transportation sector, causing consumer welfare to be affected by very high airplane ticket prices.
Co-Authors Alan Kusuma Dinakara Amelia Febrina Merry Bogia Anak Agung Gede Duwira Hadi Santosa ANAK AGUNG SRI UTARI Andriwinata, Rackel Bisariyadi Bisariyadi Claudia Samantha Rico Dananjaya, I Komang Gede Afriliana Saputra Gede Arya Sumerta Yasa, Putu Halmadiningrat, I Made I Dewa Gede Adi Sanjaya I Gede Adhi Supradnyana I Gede Pasek Pramana I Gede Putra Ariana I Gede Tommy Guntara I Gusti Ayu Agung Ariani I Gusti Ngurah Parikesit Widiatedja I Kadek Oka Wijaya I Made Budi Arsika I Made Pria Dharsana, I Made Pria I MADE SUBAWA I Nyoman Suyatna I Putu Sabda Wibawa Ida Bagus Windia Adnyana Indrasari Kresnadjaja Indrasari Kresnadjaja Karunian, Alia Yofira Ketut Gede Sonny Wibawa Made Hendra Wijaya Made Maharta Yasa Made Suksma Prijandhini Devi Salain Mahardika, Gusti Ngurah Ni Gusti Ayu Dyah Satyawati Ni Luh Gede Astariyani Ni Nengah Adiyaryani Nurjanah, Ita NYOMAN SEMADI ANTARA Padmawati, Ni Komang Tari Rajaratnam, Nadeeka Risa Sandhi Surya Sakti Prasetiya Dharmapati Shara, Made Cinthya Puspita Suandika, I Nyoman Sugi Hartono, I Made Sumadi, I Putu Sudarma Veronika Puteri Kangagung Wenies Ema Sinaga Windusadu Anantaya Yohanes Usfunan