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All Journal Kertha Negara : Journal Ilmu Hukum Kertha Patrika JURNAL MAGISTER HUKUM UDAYANA Bestuur Yustisia Lentera Hukum Brawijaya Law Journal : Journal of Legal Studies Arena Hukum Jurnal IUS (Kajian Hukum dan Keadilan) PADJADJARAN Jurnal Ilmu Hukum (Journal of Law) Hasanuddin Law Review Udayana Journal of Law and Culture Sociological Jurisprudence Journal Mulawarman Law Review Indonesian Journal of Global Health research JUNCTO: Jurnal Ilmiah Hukum Jurnal Health Sains Indonesian Journal of Law and Society Indonesian Journal of International Law Multidiciplinary Output Research for Actual and International Issue (Morfai Journal) East Asian Journal of Multidisciplinary Research (EAJMR) Formosa Journal of Multidisciplinary Research (FJMR) Yuridika Indonesia Law Review (ILREV) Journal of Law, Poliitic and Humanities Ethics and Law Journal: Business and Notary Jurnal Media Akademik (JMA) IPSSJ JILS (Journal of Indonesian Legal Studies) Acta Comitas : Jurnal Hukum Kenotariatan

I Gusti Ngurah Parikesit Widiatedja

Fakultas Hukum Universitas Udayana

Author-ID : 340418

Religion Agriculture, Biological Sciences & Forestry Arts Humanities Chemical Engineering, Chemistry & Bioengineering Civil Engineering, Building, Construction & Architecture Computer Science & IT Decision Sciences, Operations Research & Management Dentistry Economics, Econometrics & Finance Education Energy Engineering Environmental Science Health Professions Industrial & Manufacturing Engineering Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Library & Information Science Materials Science & Nanotechnology Medicine & Pharmacology Nursing Public Health Social Sciences Veterinary Other

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Fragmented Approach to Spatial Management in Indonesia: When it Will Be Ended? I Gusti Ngurah Parikesit Widiatedja
Kertha Patrika Vol 43 No 2 (2021)
Publisher : Fakultas Hukum Universitas Udayana

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24843/KP.2021.v43.i02.p03

As a regulatory tool, spatial planning is important as it directs socio-economic development and prevents environmental and social damage by commercial and public projects. There should be an integrated spatial management to ensure the effective use of restricted spatial resources, balancing infrastructural, industrial and commercial business development with the available resources, including land, forest, and marine. However, the fragmented approach to spatial management has been thrived since the independence of Indonesia. The newly controversial Law No. 11 of 2020 on Job Creation has emerged a big hope that Indonesia will end the fragmented approach to spatial management. However, this Law seems to maintain this approach by enacting four different governmental regulation for four spatial issues, namely land use planning; forestry; energy and mineral resources; and marine and fishery. This fragmented approach has adverse consequences as it leads to overlapping authorities that may end up with disharmony and conflicting regulations. Besides, the insistence to employ fragmented approach to spatial management has linked to oligarchy issue as shown by old older, new order and the regional autonomy era.

Fragmented and Unclear Laws and Regulations of Foreign Direct Investment in Indonesian Tourism I Gusti Ngurah Parikesit Widiatedja; I Gusti Ngurah Wairocana
PADJADJARAN Jurnal Ilmu Hukum (Journal of Law) Vol 5, No 3 (2018): PADJADJARAN JURNAL ILMU HUKUM (JOURNAL OF LAW)
Publisher : Faculty of Law, Universitas Padjadjaran

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (666.336 KB)

Foreign direct investment has a crucial role in accelerating economic development of a state. One of the most attractive investment sectors is tourism that has unique characters of a service industry. It has contributed jobs, tax income, and domestic value significantly. However, foreign direct investment in tourism has adverse impacts, such as environmental and anti-competitive practice. The existence of domestic laws and regulations is crucial to determine a state’s success to gain benefits from foreign direct investment in tourism. This paper aims to analyze the existing laws and regulations that regulate foreign direct investment in Indonesian tourism. This paper shows that the existence of foreign direct investment has been managed through fragmented and unclear laws and policies based on Indonesian laws of investment, tourism, environment, labor, and land. Hukum Terfragmentasi dan Aturan yang Tidak Jelas terhadap Penanaman Modal Asing dalam Pariwisata IndonesiaAbstrakPenanaman modal asing memiliki peran penting dalam meningkatkan pembangunan ekonomi di negara tuan rumah. Salah satu sektor penanaman modal asing yang paling menarik adalah pariwisata karena keunikan karakternya sebagai industri jasa. Penanaman modal asing di sector ini telah berkontribusi dalam menciptakan lapangan kerja, pajak, dan nilai tambah domestik. Namun, sector ini juga menyebabkan dampak negatif, seperti lingkungan dan praktik anti-persaingan. Memaksimalkan keuntungan dan sekaligus memitigasi dampak negatif, keberadaan hukum dan peraturan domestik sangat penting untuk menentukan sejauh mana keberhasilan suatu negara dalam memperoleh manfaat positif dari penanaman modal asing di sektor pariwisata. Tulisan ini bertujuan untuk menganalisis hukum dan peraturan terkait penanaman modal asing, khususnya pariwisata di Indonesia. Tulisan ini menunjukkan bahwa keberadaan penanaman modal asing dalam pariwisata dikelola melalui undang-undang dan kebijakan yang terfragmentasi dan cenderung mengandung ketidakjelasan dengan melihat undang-undang tentang investasi, pariwisata, lingkungan, tenaga kerja dan hak guna tanah di Indonesia.DOI: https://doi.org/10.22304/pjih.v5n3.a1

Incorporating Local Wisdom Into the Consumer Protection Legal Regime: A Comparison Between Indonesia And Australia I Gusti Ngurah Parikesit Widiatedja
Udayana Journal of Law and Culture Vol 1 No 1 (2017): Transforming Local Wisdom
Publisher : Faculty of law Udayana University

Globalization has affected legal services and converged legal systems, especially in consumer protection in Indonesia and Australia. This process has resulted to a more formal, transparent, and adversarial laws and regulations that typically reflect to the common Law system. Then, the incorporation of local wisdom encourages significantly for the receptiveness of this globalization and convergence process both in Indonesia and Australia. This paper will show and analyze the extent to which globalization has affectedconsumer protection in Indonesia and Australia by dividing the impact from the result of economic liberalization and political fragmentation. It will then show how the incorporation of local wisdom canaccelerate the globalization of legal services and convergence of legal systems on consumer protection in Indonesia and Australia Keywords: Local Wisdom, Consumer Protection, Law, Indonesia, Australia.

Job Creation Law and Foreign Direct Investment in Tourism in Indonesia: Is It Better than Before? I Gusti Ngurah Parikesit Widiatedja; I Nyoman Suyatna
Udayana Journal of Law and Culture Vol 6 No 1 (2022)
Publisher : Faculty of law Udayana University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24843/UJLC.2022.v06.i01.p04

Foreign direct investment plays a critical role in a host country's economic development. Tourism, with its distinct character as a service business, is one of the most appealing investment industries. It has made a substantial contribution to the creation of jobs, tax revenue, and domestic value-added. The existence of domestic laws and regulations is critical in determining the extent to which a country's performance in getting benefits from investment can be maximized while reducing the negative impact. This article is aimed to examine whether the newly-enacted Job Creation Law provides a better arrangement on foreign direct investment in tourism compared to the previous laws and regulations. This article employs a normative approach by analyzing relevant laws and regulations concerning foreign direct investment in tourism in Indonesia. By looking at aspects on the choice of business fields, the issuance of business permit, land ownership, and labour, this article contends that Job Creation Law fails to provide integrated and comprehensive arrangements on the existence of foreign direct investment in tourism.

The Lack of the Environmental Concern in Indonesia’s Bilateral Investment Treaties I Gusti Ngurah Parikesit Widiatedja; I Gusti Ngurah Wairocana
Hasanuddin Law Review VOLUME 3 ISSUE 3, DECEMBER 2017
Publisher : Faculty of Law, Hasanuddin University

In the modern era, Bilateral Investment Treaties (BITs) are relatively effective to attract more foreign direct investment (FDI). Many countries then eagerly concluded BITs, including Indonesia. Considering the adverse impact of FDI on the environment, most countries then start putting the environmental concern in their BITs, assisting them to prevent and mitigate any adverse impact of FDI on the environment. Indonesia, however, did not follow this measure. This paper then shows the lack of the current Indonesia’s BITs in putting the environmental concern in their provisions. The fact that Indonesia has terminated some BITs becomes a right momentum to start putting the environmental concern in the updated and modified Indonesia BITs in the future. From other countries’ practices, there is evidence to suggest that BITs can and do contain provisions aimed at ameliorating environmental damage caused as a result of FDI within host countries’ territories.

FDI on Tourism and the Environmental Damage: What Indonesia’s Trade and Investment Agreements Can Do? I Gusti Ngurah Parikesit Widiatedja
Yuridika Vol. 34 No. 2 (2019): Volume 34 No 2 May 2019
Publisher : Universitas Airlangga

The existence of FDI on tourism has provided benefits, covering job opportunities, transfer of technology, government revenue, and the partnership with small and medium enterprises. However, FDI on tourism has also contributed to environmental damage in Indonesia. This paper is aimed to analyse whether trade and investment agreements that involve Indonesia can contribute to prevent and mitigate environmental damage as a result from FDI on tourism. This article is normative research, examining the existing trade and investment agreements that involve Indonesia and compare them with other countries’ agreements. This paper argues that there is evidence to suggest that trade and investment agreements may incorporate provisions in order to ameliorate environmental harm from the existence of FDI on tourism. However, Indonesia has not incorporated any such provisions in its own agreements. Hence, this paper explains that there will be three suggestions to be considered, namely: Indonesia should start putting environmental concern under its trade schedule; Indonesia should consider opening environmental services; and Indonesia should start putting environmental concern in its investment agreements.

Trade Liberalization, Domestic Trade Policies and the Failure of Reducing Poverty: The Case of Indonesia I Gusti Ngurah Parikesit Widiatedja
Sociological Jurisprudence Journal Vol. 4 No. 1 (2021)
Publisher : Fakultas Hukum, Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/scj.4.1.2289.6-12

The existence of international trade has provided important benefits for reducing poverty. Many countries then have concluded trade agreements, to reach this goal by committing trade liberalization. The relatively high number of poverty has raised some concerns, questioning the effectiveness of trade liberalization. Putting Indonesia as a case study, this article weighs the role of trade liberalization and domestic trade policies in reducing poverty. This article argues that the existence of domestic trade policies is more significant than trade liberalization. The unfair practices, corruption, and the overwhelming spirit of national interest that colour domestic trade policies, contribute to the failure of reducing poverty instead of trade liberalization.

The Regulation of the Ownership of Flats by Foreigners after the Enactment of the Job Creation Law Salain, Made Suksma Prijandhini Devi; Palguna, I Dewa Gede; Widiatedja, I Gusti Ngurah Parikesit
Indonesia Law Review Vol. 12, No. 1
Publisher : UI Scholars Hub

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The presence of foreigners in Indonesia for a long period certainly requires a place to live or a residential house. According to Article 144 (1) b of Job Creation Law, foreigners have the right to own flat units in Indonesia. Is this regulation intended to attract foreign investors? If it is yes, does not it contradictory to the “kenasionalan” principle stipulated in the Basic Agrarian Law (BAL) and other Indonesian regulations? This study is aimed to deal with those legal issues, by using the normative legal method. The result shows that the ownership right of flat units given to foreigners by the Job Creation Law is in contradiction with the “kenasionalan” principle, Article 33 paragraph (3) of the 1945 Constitution, and the BAL which only allows land/building use and lease right for foreigners. In addition, the regulation which allows the establishment of flats on land with building-use rights for a maximum of 80 (eighty) years raises a legal problem since such regulation had been revoked by the Constitutional Court of the Republic of Indonesia with its Decision Number 21-22/PUU-V/2007. Thus, the study recommends that the Government conduct a review of the regulation which allows foreigners to have ownership right to flat units under the Job Creation Law.

Foreign Direct Investment in Tourism and the Feasibility of Incorporating the United Nation Guiding Principles on Business and Human Rights in Indonesia I Gusti Ngurah Parikesit Widiatedja
Yuridika Vol. 37 No. 2 (2022): Volume 37 No 2 May 2022
Publisher : Universitas Airlangga

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20473/ydk.v37i2.36281

Foreign direct investment (FDI) is critical to Indonesia's economic development. Tourism is one of the most appealing investment industries. It has made a significant contribution to employment creation, tax revenue and domestic value addition. However, FDI in tourism has had negative environmental consequences. Moreover, Indonesian trade agreements and investment treaties do not reflect environmental concerns. The schedule under the General Agreement on Trade in Services (GATS) follows a similar trend, although other countries’ practices have shown that Indonesia can add this concern. Domestic laws and policies are also silent because the goal of economic growth outweighs protecting the environment. The United Nations Guiding Principles on Business and Human Rights (Guiding Principles) govern states' obligations to defend human rights and companies' obligations to respect and give remedy. This article examines the feasibility of incorporating the Guiding Principles into FDI in tourism. The Guiding Principles, together with the Global Code Ethics for Tourism, would provide a starting point for more robust legal frameworks for foreign tourism companies and emphasise sustainable development.

Paralyzing the WTO from the Inside: The Deadlock of the Appointment of Appellate Body Judges and its Repercussions I Gusti Ngurah Parikesit Widiatedja; Mohammad Qadam Shah
Jurnal IUS Kajian Hukum dan Keadilan Vol 10, No 2: August 2022 : Jurnal IUS Kajian Hukum dan Keadilan
Publisher : Fakultas Hukum Universitas Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29303/ius.v10i2.1093

The establishment of the dispute settlement procedure that consists of the Panel Report and the Appellate Body has been the most remarkable characteristic of the World Trade Organization. Beside the most productive international dispute resolution process, it has consistently adopted a rule-oriented procedure in enforcing the commitments made during trade negotiations. Since the last five years, however, the dispute settlement process has confronted an existential crisis. While conflict resolution through consultations and panels continues, the process under the Appellate Body is forced to stop. The United States has impaired the appointment of additional judges to this body, preventing it from obtaining the quorum required to hear appeals. By employing a normative research, this paper aims to identify and analyze the deadlock of the appointment of the Appellate Body judges and its repercussions for international trade governance, including Indonesia. This deadlock could jeopardy the viability of global trading system as there would be no proceeding to hear the dispute at the appellate level. Some cases that involved Indonesia would also be affected, particularly if the parties are willing to continue this process to the Appellate Body.

Co-Authors Adyt Dimas Prasaja Utama Anak Agung Ayu Mirah Kartini Irawan Astari, Ramadhan Bagus Made Bama Anandika Berata Cahaya, Bunga Lily Dewi, Ni Luh Putu Ratih Sukma Dewi, Ni Luh Sri Mahendra Dharma Bakti, I Gede Alvin Dwi Atmaja, Bima Kumara Elizabeth Sefanya Roulina Fayza Bratanova Soebroto Horatius, Bryan Regis I Dewa Gede Palguna I Gede Pasek Eka Wisanjaya I Gede Putu Putra Wibawa I Gust i Ngurah Wairocana I Gusti Agung Ngurah Dwija Iswara Aditya Ningrat I Gusti Ayu Putri Kartika, I Gusti Ayu I Made Budi Arsika I Made Yonathan Hadi Sanjaya I Nyoman Suyatna I WAYAN WINDIA Ida Bagus Erwin Ranawijaya Ida Bagus Wyasa Putra Ika Widi Astuti, Ika Widi Jati, Gusti Bagus Krisna Arum Jesica Winanda Leksono Putri Jessi Grasiela Putri Bengngu Kadek Agus Sudiarawan Kadek Nicky Novita Kayla Nixie Salsabil Halim Kent Revelino Chandra Komang Eky Saputra Laksmi, Ni Putu Ayu Utari Luh Putu Gita Dharmaningtyas Made Gde Subha Karma Resen Made Suksma Prijandhini Devi Salain Mohammad Qadam Shah Mohammad Qadam Shah Nadine Arieta Ravinka Nadirsyah Hosen Naufal Nafie Ramadhan Ni Gusti Ayu Dyah Satyawati Ni Gusti Ayu Dyah Satyawati Ni Putu Ari Putri Pertiwi Ni Putu Devy Handayani Pande Yogantara Pratiwi, Agustina Ni Made Ayu Darma Priskila, Jennifer Gracia Purwani, Sagung Putri ME Putra, I Made Agus Sunadi Putu Gede Arya Sumertayasa Putu Tantry Octaviani Putu Tuni Cakabawa Landra Qadam Shah, Muhammad R. Caesalino Wahyu Putra R.A. Tuty Kuswardhani Ramaputra, Gede Angga Wirabhuwana Rosariani, Putu Eka Savitri, Pande Luh Made Devi Shah, Mohammad Qadam Shara, Made Cinthya Puspita Stephanie Maarty K Satyarini Venditha Velicia

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