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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 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 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) JILS (Journal of Indonesian Legal Studies)

I Gusti Ngurah Parikesit Widiatedja

Fakultas Hukum Universitas Udayana

Author-ID : 340418

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

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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

Show Abstract | Download Original | Original Source | Check in Google Scholar

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.

ENVIRONMENTAL CONCERN UNDER INDONESIA’S PREFERENTIAL TRADE AGREEMENTS (PTAs) I Gusti Ngurah Parikesit Widiatedja
Yustisia Vol 8, No 2: August 2019
Publisher : Faculty of Law, Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/yustisia.v8i2.24594

International trade has resulted positive impacts, such as alleviating poverty and increasing jobs. All countries then start concluding trade agreements multilaterally, regionally and bilaterally. The existence of preferential trade agreements is increasingly significant due to the deadlock of multilateral trade agreements. Although providing benefits, international trade has adversely affected environment. Some international treaties suggest how countries should include environmental concern in their PTAs. Unlike traditional PTAs, most of modern PTAs have incorporated environmental concern, reconciling the goal of trade liberalization and environmental protection. In Indonesia, there is a link between international trade and environmental harm. This article aims to show the existing Indonesia’s PTAs, analysing how Indonesia has put, and how it should put environmental concern in its PTAs. This article argues that only a few Indonesia’s PTAs have incorporated environmental concern in their provisions. Moreover, when they include environmental concern, there is no further elaboration on how this process should be undertaken. Compare to other existing PTAs, Indonesia should start incorporating environmental concern in its PTAs, and then allow the right of government to impose protective measure in order to preserve environment.

CAN INDONESIA INVOKE PUBLIC MORALS EXCEPTION UNDER THE WORLD TRADE ORGANIZATION (WTO) FOR PROHIBITING CROSS-BORDER GAMBLING? I Gusti Ngurah Parikesit Widiatedja
Yustisia Vol 7, No 2: August 2018
Publisher : Faculty of Law, Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/yustisia.v7i2.19914

Under the WTO, Indonesia is obliged to liberalize its markets through establishing the schedule that comprise a list of services that can be either opened or closed to foreign suppliers. However, Indonesia’s schedule is vague as to whether gambling services are closed to foreign suppliers. Through this loophole, the practice of cross-border gambling services has been rampant, resulting in some consequences, especially those related to money laundering and underage gambling. Tackling this problem, Indonesia could apply public morals exception that allows member states to impose trade prohibition. By using public morals exception that was applied in some WTO cases, this article explores the way in which Indonesia could justify prohibiting cross-border gambling services. This article claims that Indonesia has a justification to impose public morals exception under the WTO to prohibit cross-border gambling services within its territory because the prohibition would be designed to protect public morals; it would be necessary to protect public morals; and the prohibition would equally apply to both foreign and local suppliers in cross-border gambling services in Indonesia.

RETIRE IN PARADISE: URGENSI PENGATURAN PARIWISATA PENSIUNAN (RETIREMENT TOURISM) DI INDONESIA I Gusti Ngurah Parikesit Widiatedja; I Made Budi Arsika; Ni Gusti Ayu Dyah Satyawati; Putu Tuny Cakabawa Landra
Arena Hukum Vol. 11 No. 1 (2018)
Publisher : Arena Hukum

AbstractConsidering to a series of problems, particularly related to the environment of conventional tourism development patterns, Indonesia should start developing retirement tourism. Compare to conventional tourism, retirement tourism has more significant benefits, both seen from the financial ability of tourists, job opportunities, tourist attractions, and its proximity with the vision of sustainable tourism. From international, national, and local regulations, the Indonesian government has a legal basis to create and develop retirmenet tourism. In relation to the construction of regulatory model of retirmenet tourism in Indonesia, there would be three model to be considered, namely (1) the regulatory model that considers the special nature and needs of retirement tourist; (2) the regulatory model that supports the concept of sustainable tourism; and (3) the regulatory model that collaborates with other tourism-related institutions. In addition, as a comparative form of study, this model should consider the law and practice of retirement tourism in other ASEAN countries, especially if they have a more organised system in handling retirement tourism.Abstrak Dengan memperhatikan sederet permasalahan, khususnya terkait lingkungan hidup dari pola pengembangan pariwisata konvensional, Indonesia sudah selayaknya mulai mengembangkan pariwisata pensiunan. Pariwisata pensiunan memiliki sejumlah keuntungan, baik dilihat dari kemampuan finansial wisatawannya, peluang kerja, atraksi wisata, dan kedekatan visi pengembangannya dengan visi pariwisata berkelanjuta. Dengan melihat pengaturan internasional, nasional, dan lokal, pemerintah Indonesia memiliki dasar yuridis untuk mengembangkan pariwisata pensiunan secara integral dan komprehensif. Terkait dengan konstruksi model pengaturan pariwisata pensiunan, terdapat tiga model pengaturan yang dapat dikembangkan meliputi: (1) model pengaturan yang memperhatikan sifat dan kebutuhan khusus wisatawan pensiunan; (2) model pengaturan yang mendukung konsep pariwisata berkelanjutan; dan (3) model pengaturan yang bersinergi dengan instansi lain yang terkait. Disamping itu, sebagai bentuk komparatif studi, model pengaturan pariwisata pensiunan selayaknya mempertimbangkan model pengaturan pariwisata pensiunan di Negara ASEAN lainnya terutama di negara yang lebih dulu dan lebih terorganisir dalam mengelola pariwisata pensiunan.

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 : Magister of Law, Faculty of Law, University of 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. Aside from 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. 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 jeopardize the viability of the 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. Â

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 Horatius, Bryan Regis I Dewa Gede Palguna I Gede Pasek Eka Wisanjaya 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 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 Kent Revelino Chandra Komang Eky Saputra 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 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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