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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
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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When the Court Decisions Encourage Deforestation in Indonesia Rosariani, Putu Eka; Widiatedja, I Gusti Ngurah Parikesit; Qadam Shah, Muhammad
Indonesian Journal of Law and Society Vol 4 No 2 (2023): Environmental Justice, Gig Economy, and Human Rights In Contemporary Society
Publisher : Faculty of Law, University of Jember, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19184/ijls.v4i2.41195

Abstract

The abstract presents a critical analysis of the role played by court decisions in the prevention of deforestation. Over the past few decades, Indonesia has witnessed extensive deforestation, primarily due to the expansion of oil palm and agriculture. This has had a significant impact on Bali's tourism industry, which heavily relies on this sector for development. The Tahura Mangrove Forest Project serves as an example of a tourism venture that has resulted in damage to the forested area. Despite the prohibition of commercial projects on protected land, the government issued a utilization permit for the construction of guest houses. Rather than effectively curbing deforestation, this study demonstrates how controversial court decisions have actually encouraged it. The courts' assertion that public interest groups lacked standing to challenge violations of forestry laws, which could potentially cause environmental harm, was based on the argument that the damage was only a possibility during the planning stage and could not be accurately quantified. This paper identifies three factors contributing to the judges' adoption of a narrow standing test: their limited judicial competence, reliance on the Supreme Court's existence, and corruption.
Legal Consequences of Negligence Committed by Traditional Health Workers Savitri, Pande Luh Made Devi; Widiatedja, I Gusti Ngurah Parikesit
Jurnal Health Sains Vol. 5 No. 8 (2024): Journal Health Sains
Publisher : Syntax Corporation Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46799/jhs.v5i8.1348

Abstract

As stated in the 1945 Constitution of the Republic of Indonesia, health is a human right and is a component of welfare that must be realized following with Pancasila and the ideals of the Indonesian nation. To be healthy, people not only trust medical health services, but also traditional medicine such as shamans, acupuncturists, healers, and others. This research is a type of normative legal research. This research collects data through relevant literature research. The Indonesian Central Statistics Agency (BPS) describes the percentage of use of traditional medicine from year to year, namely, traditional medicine used in 2011 was 23.63 percent, in 2014 was 20.99 percent and in 2023 it was 27.57 percent. This shows that public interest in traditional medicine is relatively high. The results of the discussion showed that the legal consequences obtained due to negligence committed by Traditional Health Workers in accordance with the Government Regulation of the Republic of Indonesia Number 103 of 2014 received administrative sanctions and were also based on the Criminal Code, so the negligence caused could be held accountable by the district in accordance with the provisions Article 205 of the Criminal Code and Article 343 of Law 1/2023 Article 359 of the Criminal Code and Article 474 paragraph (3).
Cultural Concern under Trade and Investment Agreements: Does it Really Work? Widiatedja, I Gusti Ngurah Parikesit
Brawijaya Law Journal Vol. 5 No. 2 (2018): The Role of State in Contemporary Legal Development
Publisher : Faculty of Law, Universitas Brawijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21776/ub.blj.2018.005.02.02

Abstract

There has been a concern over the adverse influence of globalisation on local culture. Trade and investment agreements have included cultural concern in their provisions.  Employing these provisions, countries initiated trade and investment-related measures to secure what they have presumed as cultural traditions and values. This article seeks to examine if the incorporation of cultural concern under trade and investment agreement is effective to reconcile the need for securing culture and the spirit of free trade and free flows of investment. This article is normative research, examining the existing cultural concern under trade and investment agreements, cultural-related measures of particular countries, and how the judicial bodies have responded these measures in their decisions. This article argues that the incorporation of cultural concern has triggered a wide range of cultural-related measures. Nevertheless, the decision of judicial bodies, to some extent, has been effective to shield the purpose of cultural concern, especially to avoid disguise or inefficient protectionism, and to admit the right of countries to protect or promote their cultural traditions and values.
The Supremacy of the Dispute Settlement Mechanism (DSM) under the World Trade Organization (WTO) Widiatedja, I Gusti Ngurah Parikesit
Brawijaya Law Journal Vol. 6 No. 1 (2019): Alternative Dispute Resolution
Publisher : Faculty of Law, Universitas Brawijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21776/ub.blj.2019.006.01.05

Abstract

The existence of inequality and poverty in some countries doubted the contribution of the WTO. The overwhelming spirit of national interest through the imposition of discriminatory and protective measures has deteriorated the WTO. Given its role for enforcing trade commitments, the dispute settlement mechanism is crucial to save the future of WTO. This paper aims to analyse the existence of the dispute settlement mechanism of WTO, whether it is still supreme in upholding the vision of trade liberalization. This paper argues that the supremacy of this mechanism has ensured the future of WTO by looking at two parameters. Firstly, it has a ruled-based character with a high level of legalism. Next, by looking at the decision of the Panel and the Appellate Body, the dispute settlement mechanism has effectively controlled the overwhelming spirit of national interest. This mechanism shows its supremacy by limiting the capacity of the WTO member states to impose discriminatory and protective measures, particularly related to public morals exception and cultural concern.
Legal Protections for Patients with Medical Conditions in Online Health Consultations Ni Putu Devy Handayani; I Gusti Ngurah Parikesit Widiatedja; R.A. Tuty Kuswardhani
Journal of Law, Politic and Humanities Vol. 5 No. 3 (2025): (JLPH) Journal of Law, Politic and Humanities
Publisher : Dinasti Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jlph.v5i3.1336

Abstract

Legal protections in telemedicine protect patients' rights, privacy, and care quality, but research often overlooks patients' perspectives. Therefore, understanding evolving legislation and patient-centered legal concepts improves patient care. This article aims to explore legal protections for patients with medical conditions in online health consultations. This study used a systematic literature review (SLR) approach to examine articles related to legal protections for patients, medical conditions, and online health consultations. We searched the Scopus and PubMed databases for articles in three categories: legal protections for patients, medical conditions, and online health consultations over the last five years (2019-2024). Using the Publish and Perish and Mendeley Reference Manager applications, we selected 389 papers from the Scopus database and 46 from the PubMed database based on specific criteria. Therefore, we conducted a PRISMA analysis on the 59 full-text research articles that we included. The results show that legal protections for patients in online health consultations include confidentiality, informed consent, licensure, data protection, emergency response protocols, professional standards, telemedicine compliance, care quality, and redress mechanisms. Solutions include streamlining licensing processes and enhancing cross-border regulations. The study emphasizes the need for patient advocacy, legal protection, data protection, and ethical compliance in online medical consultations, addressing barriers like dissatisfaction and lack of funds.
Fostering Social Justice Through Managing Civil Law Clinic in Indonesia: A Comprehensive Framework and Practice Widiatedja, I Gusti Ngurah Parikesit
Jurnal Mulawarman Law Review Vol 3 No 1: Mulawarman Law Review - June 2018
Publisher : Faculty of Law, Mulawarman University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30872/mulrev.v3i1.28

Abstract

The development of Clinical Legal Education (CLE) in Indonesia will significantly contribute for graduating more competent and more professional students as it equally combines knowledge, skills and value that reflects what lawyer do (practical skill), what lawyer should do (value), and how lawyer should do (knowledge) in legal cases. As a part of CLE, the existence of civil law clinic plays important role for enhancing the competency of law students. Nationally, some aspects of civil law significantly contribute to the fulfillment of basic human need in Indonesia. Specifically, contract law, family law, employment law, and consumer protection. Internationally, as an undeniable impact from globalization in Indonesia, this process requires harmonization of law that has adopted new concepts, practices, and legal institutions in Indonesia. Maintaining its existence, law schools in Indonesia should manage civil law clinics by designing planning stage, learning stage, and reflection stage. Planning stage consists: developing the objective; formulating Curriculum, preparing clinic member; organizing clinic in day-to-day basis; and establishing clinic Assessment and grading criteria. Next, in learning stage, it should combine the process of transfer of knowledge, skills, and values. Lastly, it should contain journaling, feedback and debriefing as a reflection stage. As a result, the existence of civil law clinic will foster social justice as an ultimate vision of clinical legal education in Indonesia.
The Impact of the Covid-19 Pandemic on Infectious Disease Control Regulations in Indonesia Jati, Gusti Bagus Krisna Arum; Widiatedja, I Gusti Ngurah Parikesit; Astuti, Ika Widi
Indonesian Journal of Global Health Research Vol 7 No 5 (2025): Indonesian Journal of Global Health Research
Publisher : GLOBAL HEALTH SCIENCE GROUP

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37287/ijghr.v7i5.6619

Abstract

The COVID-19 pandemic exposed critical fragilities within Indonesia’s legal framework for infectious disease control, manifesting as regulatory fragmentation, overlapping jurisdictional authorities, and asymmetrical human rights protections particularly regarding compensation for vulnerable populations. This study analyses post-pandemic legal transformations, including Law No. 17 of 2023, which incorporates technological innovations yet retains significant gaps in constraining emergency powers and ensuring oversight mechanisms. Comparative analysis with Singapore, Hong Kong, and Thailand reveals divergent approaches to emergency authority delegation, legislative scrutiny, judicial review, and compensatory frameworks. This study utilises 15 primary legal sources. Additionally, 19 secondary legal materials, published between 2019 and the issuance of Presidential Decree of the Republic of Indonesia Number 17 of 2023 concerning the Declaration of the End of the Coronavirus Disease 2019 (COVID-19) Pandemic Status, are employed. Furthermore, five tertiary legal materials are used. These legal materials serve as the basis for examining the identified legal issues. The legal material analysis technique adopted in this study involves descriptive analysis, which includes expert opinions, conclusions, legal interpretations, and comparative legal analysis. The resurgence of COVID-19 in neighbouring states underscores the imperative for sustained preparedness. We recommend: (i) comprehensive statutory revisions; (ii) regulatory harmonisation; (iii) establishment of independent dispute-resolution mechanisms; (iv) enactment of robust health data protection legislation; and (v) enhanced surveillance and risk communication capacities. These reforms are fundamental to constructing a legally resilient, adaptive, and equitable system capable of mitigating future pandemic threats while balancing public health imperatives with constitutional safeguards.
The Use Of Visum Et Repertum As A Medical Legal Aspect To Foreign Tourists As Victims Of Sexual Violence In Indonesia Dewi, Ni Luh Putu Ratih Sukma; Widiatedja, I Gusti Ngurah Parikesit
Jurnal Magister Hukum Udayana (Udayana Master Law Journal) Vol 13 No 4 (2024)
Publisher : University of Udayana

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24843/JMHU.2024.v13.i04.p14

Abstract

This research discusses the Visum et Repartum policy as one of the use of medicolegal aspects to foreign tourists as victims of sexual violence in Indonesia. In several cases, victims are often embarrassed, insecure and even hesitant to report the perpetrator to the authorities due to the lack of evidence to support the victim of sexual violence. One solution that can be taken for victims of sexual violence is by carrying out Visum et Repartum. The problem arises regarding the settlement through the post-mortem, there has been a vacuum in the norms governing the guidelines for implementing the post-mortem. The results show that various regulations in the existing law do not regulate in detail and firmly the guidelines for implementing Visum et Repartum for victims of sexual assault in Indonesia, in order to support those who have been harmed by it often have difficulty reporting it to the authorities and proving it in KUHAP. In this research, the Visum et Repartum arrangements for foreign tourists who are victims of sexual violence in Indonesia are regulated by several laws and regulations in Indonesia, one of which is regulated by the Tourism Law and the Sexual Violence Crime Law. The form of legal regulation regarding the appropriate implementation of Visum et Repartum for foreign tourists who will be covered by the new law as victims of sexual assault (Ius Constituendum) can be in the form of regulations or policies that specific regulate law enforcement guidelines for the implementation of Visum et Repertum in Indonesia. In practice, currently there are no regulations governing the implementation of Visum et Repartum for foreign tourist victims properly and correctly in accordance with Indonesian regulations.
The Legitimacy of Traditional Village Levies and the Authorities of Traditional Villages in Bali Reviewed from the Accountability of Financial Management Dewi, Ni Luh Sri Mahendra; Widiatedja, I Gusti Ngurah Parikesit; Yasa, Putu Gede Arya Sumerta
East Asian Journal of Multidisciplinary Research Vol. 3 No. 8 (2024): August 2024
Publisher : PT FORMOSA CENDEKIA GLOBAL

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55927/eajmr.v3i8.10527

Abstract

The theoretical issues surrounding the Balinese Traditional Village levy (stand) arise when compared to Article 23A of the 1945 Constitution of Indonesia, which mandates that taxes and levies for state needs must be regulated by law. However, Traditional Village levies, based on perarem and Article 18B paragraph (2), are fees rooted in local customary law. Deconstruction theory suggests that the legal text and context of these levies can be reconstructed to meet community needs, promoting justice and legitimizing Balinese Traditional Villages. The clarity and constitutionality of Bali Regional Regulation No. 4/2019 are crucial in ensuring that these levies are recognized as legitimate and not deemed extortion, as long as they are conducted in accordance with customary law.
Developing Effective Procedures for Public Participation in Spatial Planning Regulation in Indonesia: Lesson Learned from Australia Widiatedja, I Gusti Ngurah Parikesit; Ranawijaya, Ida Bagus Erwin; Purwani, Sagung Putri ME; Dwi Atmaja, Bima Kumara
PADJADJARAN JURNAL ILMU HUKUM (JOURNAL OF LAW) Vol 10, No 3 (2023): PADJADJARAN JURNAL ILMU HUKUM (JOURNAL OF LAW)
Publisher : Faculty of Law, Universitas Padjadjaran

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

Abstract

Public participation is a crucial aspect of spatial planning, serving to achieve sustainable development objectives. The Indonesian government has recognized this fact andincorporated public participation in its spatial planning lawsand regulations. However, procedures for involving the public have been criticized for lacking genuine participation, highlighting opportunities for public input only being offeredformally. Meanwhile, public participation is considered a significant component of spatial planning regulation in Australia, particularly in Victoria. The government has involved the public in various stages of the planning process, including creating a planning scheme, issuing planning permits, and completing planning agreements. Based on the established procedures under current Australian legislation, this study aims to provide a practical solution by examining and contrasting the role of public participation in spatial planning regulation between Indonesia and Australia. This study concluded that Indonesia might consider adopting Australia's strategy and setting up planning panels to regulate spatial planning. Planning agreements can also be advantageous, particularly for large-scale or mega projects that significantly negatively impact the environment and local communities. DOI: https://doi.org/10.22304/pjih.v10n3.a5 
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 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 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, Mohammad 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 Virginia Dillys Kurniawan Yogantara, Pande