Articles
The Effectiveness of Regional Regulation of The Province of Bali Number 16 of 2009 Concerning Spatial Planning for The Province of Bali in The Development of Tourism Supporting Facilities at The Sanctuary Area in Badung Regency
Ida Ayu Putu Widiati;
Luh Putu Suryani;
Indah Permatasari
Sociological Jurisprudence Journal Vol. 3 No. 1 (2020)
Publisher : Fakultas Hukum, Universitas Warmadewa
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.22225/scj.3.1.1593.54-58
One of the highly developed tourism industries in Bali is the tourism industry. Nevertheless, the problem that then arises is that there are developments encountered in the area of the holy place that should not be made as a place to support the tourism facilities. This is of course not in accordance with the provisions of Regional Regulation Number 16 of 2009 concerning Spatial Planning for the Province of Bali, particularly in Article 50 paragraph (2). This study examines the effectiveness of Bali Province Regional Regulation Number 16 of 2009 related to the construction of Tourism supporting facilities in the radius of the shrine area in Badung Regency. The whole data collected are processed and analyzed by organizing them systematically, and are then classified and connected between one data with another. In practice, there are still violations related to the rules of the radius of the sacred area around the Pura Sad Kahyangan, especially in the Pura Luhur Uluwatu. The existence of norms related to sacred areas comes through pros and cons in practice. Some judicial review requests have even been submitted to the Supreme Court. The role of law enforcement also needs necessarily to be optimized, especially in terms of enforcing the rule of law related to violations in the radius of the holy place in the Badung Regency.
The Impact of Tourism Industry Development In Relation to Violations of Utilisation of Cliff Borders by Tourism Entrepreneurs
Luh Putu Suryani;
Ida Ayu Putu Widiati;
Indah Permatasari
Sociological Jurisprudence Journal Vol. 5 No. 2 (2022)
Publisher : Fakultas Hukum, Universitas Warmadewa
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.22225/scj.5.2.2022.126-132
It is undeniable that the development of the tourism industry can have both positive and negative impacts on the economic, socio-cultural and environmental sectors. In the context of Bali, development of tourism industry will certainly have impacts towards the development of tourism supporting facilities in the form of hotels, restaurants, entertainment and recreation and so on. The aims of this research are to examine the impacts of the development of the tourism industry in relation to violations of the utilisation of cliff borders by tourism entrepreneurs and the one that involves reconstruction of legal norms in accordance with the concept of sustainable tourism development. The research takes the type of empirical legal research. The results show that the existence of tourism supporting facilities on the cliff borders in turn brings about negative impacts on the environment. As a consequence, legal reconstruction is urgently needed by adding more detailed justifications related to the regulations regarding the cliff border areas. The legal reconstruction in question can be done by adding the provisions of Articles in Provincial and Regencial or Municipal Regulations, or can be executed through preparation or reconstruction of additional provisions of Articles in the Regencial or Municipal Spatial Detail Plan or through zoning regulations based on sustainable tourism development.
PENEGAKAN HUKUM TERHADAP KEWAJIBAN PENERAPAN PRINSIP-PRINSIP ARSITEKTUR TRADISIONAL BALI PADA GERBANG DAN PAGAR DI BANJAR SAMPALAN NUSA PENIDA
Ketut Adi Wirawan;
Ida Ayu Putu Widiati;
I Made Budayasa;
A.A Agung Laksmi Dewi
Kertha Wicaksana Vol 12 No 1 (2018)
Publisher : Fakultas Hukum, Universitas Warmadewa
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.22225/kw.12.1.2018.56-63
ABSTRAK Masayarakat Bali memiliki berbagai budaya lokal yang menjadi aset pariwisata Pulau Bali. Salah satu budaya lokal nampak pada budaya arsitektur pada bangunan tradisional Bali. Sebagai upaya mempertahankan budaya arsitektur tradisional Bali maka Pemerintah Provinsi Bali membentuk Perda No. 5 tahun 2005 tentang Persyaratan Arsitektur Bangunan Gedung. Ketentuan Pasal 15 perda tersebut mewajibkan setiap bangunan non-tradisional harus menerapkan prinsip-prinsip arsitektur tradisional Bali pada gerbang dan pagar. Ketentuan ini sangat penting diterapkan di wilayah kawasan strategis pariwisata Bali seperti Nusa Penida. Salah satu akses laut menuju Nusa Penida adalah melalui pelabuhan Sampalan di Banjar Sampalan. Efektifnya keberlakuan Pasal 15 Perda Bali No. 5 tahun 2005 di Banjar Sampelan akan mendukung program pengembangan kawasan strategis pariwisata di Nusa Penida. Beranjak dari hal tersebut maka akan dilakukan penelitian perihal penegakan hukum Pasal 15 Perda Bali No. 5 tahun 2005 di Banjar Sampalan Desa Batununggul Nusa Penida. Kata kunci: Penegakan hukum, Arsitektur tradisional Bali, Gerbang dan Pagar ABSTRACT Balinese society has various local cultures that become tourism assets of Bali Island. One of the local culture is seen in the architectural culture of traditional Balinese buildings. In an effort to preserve the traditional Balinese architecture culture, the Bali Provincial Government established the Local Regulation no. 5 of 2005 on Building Architecture Requirements. The provisions of Article 15 of the regulation require that any non-traditional buildings should apply the principles of traditional Balinese architecture to gates and fences. This provision is very important applied in the strategic areas of Bali tourism such as Nusa Penida. One of the sea access to Nusa Penida is through Sampalan port in Banjar Sampalan. The effectiveness of the implementation of Article 15 of the Bali Regulation no. 5 year 2005 in Banjar Sampelan will support the development of strategic tourism program in Nusa Penida. Moving from that matter will be conducted research concerning law enforcement Article 15 of Bali Regulation no. 5 year 2005 in Banjar Sampalan Village Batununggul Nusa Penida. Keyword: Law enforcement, Traditional Balinese architecture, Gates and Fences
Kebijakan Pembagian Hasil Pengelolaan Objek Wisata di Kabupaten Bangli
Luh Putu Suryani;
Ni Made Puspasutari Ujianti;
Ida Ayu Putu Widiati
Kertha Wicaksana Vol 16 No 1 (2022)
Publisher : Fakultas Hukum, Universitas Warmadewa
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.22225/kw.16.1.2022.51-56
The island of Bali is famous for its natural beauty. Likewise with Bangli Regency which is one of the regencies on the island of Bali which is famous for having water tourism destinations that are no less beautiful than other places on the island of Bali. Tibumana Waterfall is a tourist attraction managed by the traditional village through an agreement made between the traditional village and the Apuan village government through an agreement. On the basis of the agreement, the traditional village can better manage tourist objects and attractions, beautiful in accordance with the Hindu order, so that their uniqueness and beauty can be maintained and developed. The cooperation agreement between the Bendesa Adat Bangunlemah Kawan and the Perbekel of Apuan Village is in accordance with the anatomy of the contract which requires that the contract must include the scope, rights and obligations, provisions for force majeure and provisions for dispute resolution. The policy model in the distribution of the results of the management of tourism objects in the Tibumana waterfall does not reflect the principle of justice. To be more ideal, before the contract is drawn up, the Village Government forms a Village Regulation which regulates the management of tourism objects in the Apuan village area, because the opening of tourist objects to tourists will of course have a levy to be paid. For illegal levies, the retribution must go through a Village Regulation. After the village regulations are formed, contracts are drawn up to determine more concrete matters.
Pemberdayaan Dan Pengembangan Usaha Mikro, Kecil Dan Mengengah di Kabupaten Badung
Ida Ayu Putu Widiati;
Ni Made Puspasutari Ujianti;
Kade Richa Mulyawati
Kertha Wicaksana Vol 19 No 2 (2025)
Publisher : Fakultas Hukum, Universitas Warmadewa
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.22225/kw.19.2.2025.172-180
Micro, Small, and Medium Enterprises (MSMEs) have a strategic position as a form of business activities capable of expanding job opportunities, providing broad economic services, playing a role in the process of equitability and increasing community income, encouraging economic growth, and contributing to the realization of national stability. Despite having shown its role in the regional economy, MSMEs in Badung Regency still face various obstacles and challenges, both internal and external, which lead to a weak competitive edge compared to other business players. This research aims to analyze the problems faced by MSMEs and formulate efforts for empowerment and development of MSMEs in Badung Regency. The research results indicate that empowerment efforts to address the problems of MSMEs in Badung Regency include education and training for human resources related to access to financing, product development, and strengthening marketing networks. Development efforts for MSMEs are directed at micro enterprises with the aim of increasing their scale to small enterprises by increasing the percentage of entrepreneurs in Badung Regency.
Fungsi Partai Politik dalam Pendidikan Politik Masyarakat
I Gede Wijaya Kusuma;
Ida Ayu Putu Widiati;
Luh Putu Suryani
Jurnal Konstruksi Hukum Vol. 1 No. 1 (2020): Jurnal Konstruksi Hukum
Publisher : Warmadewa Press
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.22225/jkh.1.1.2150.164-169
One of the functions of political parties in legislation is as a means of political education and socialization. Political parties are obliged to disseminate their political discourse to the public. However, in its implementation in the field, there are still political parties that have not maximized their function in providing political education to the public. This study discusses (1) What is the function of political parties in providing public political education and its influence on public participation in general elections? (2) What are the implications of political parties that do not implement public political education? This research was conducted by using normative legal research methods, primary and secondary sources of legal materials, methods of collecting legal materials using statute records and others, and analyzing legal materials using descriptive analysis methods. The results of this study indicate that according to Law No.2 of 2011, one of the functions of political parties is to provide political education as a means of education for the wider community to become Indonesian citizens who are aware of their rights and obligations in public. The importance of political education carried out by political parties to the maximum and in its actual essence will be able to have a very good impact on society, which means that people are able to become people who are aware of their obligations in giving choices to political parties or candidates who are true and sincere in terms of welfare. people. The implication of political parties that do not carry out public political education is to cause a decrease in public participation in general elections and this will also lead to apparently unhealthy political conditions and allow high abstention due to low levels of public participation.
Kewenangan Notaris terhadap Pembuatan Covernote
I Made Ari Nurjaya;
I Nyoman Sumardhika;
Ida Ayu Putu Widiati
Jurnal Konstruksi Hukum Vol. 1 No. 2 (2020): Jurnal Konstruksi Hukum
Publisher : Warmadewa Press
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.22225/jkh.1.2.2535.421-425
One of the legal products made by notary as a part of their authorities is a deed, both authentic deeds and underhand-made deeds. In addition to these deeds, a notary also has the authority to issue a certificate which is commonly referred to as a covernote. A certificate or covernote is a statement or note in the form of information confirming that a land ownership deed is in the process of a certificate making that is due to a process of roya, transfer of name of land ownership and splitting of one certificate into two. This study examines two issues related to notary authority, namely the basis for the notary’s authority in issuing a covernote and the legal consequences of making the covernote. This study uses a normative legal research method and a conceptual approach as well as a statutory approach. The results showed that the covernote issued by a notary was actually an ordinary certificate, not a legal product of a notary. Covernote only contains an explanation of the deed that is in the process of certification which has not been completed and will be completed within a period determined by the notary itself, so the covernote is not legally binding. The notary is authorized to make a covernote, but it is not regulated in the laws and regulations so that, if it is concluded, the covernote is not a legal product of a notary. The legal consequences for the notary if they fail to carry out the covernote, they can be held liable to solve them immediately. The legal consequence of not fulfilling the contents of the covernote is a violation of Article 1366 of the Criminal Code because notaries are considered negligent in carrying out their duties and authorities.
Kedudukan Notaris dan PPAT dalam Perjanjian Jual Beli Tanah dan Jaminan Perlindungan bagi Para Pihak
I Komang Edy Susanto;
Ida Ayu Putu Widiati;
Ni Gusti Ketut Sri Astiti
Jurnal Konstruksi Hukum Vol. 1 No. 2 (2020): Jurnal Konstruksi Hukum
Publisher : Warmadewa Press
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.22225/jkh.1.2.2545.379-383
Basically, notaries also serve as Land Deed Making Official (hereafter called PPAT) after they carry out a test. Thus, in carrying out their role as PPAT, they are entitled to make deeds of transferring land rights. Based on this background, this research was conducted with the aim of describing how the position of the notary and PPAT in transferring land rights and how legal protection for parties who transfer land through sale and purchase. The research method used in this research was a normative legal method. The results of this study indicated that the position of a notary in the transfer of land rights as an official deed maker is mentioned in article 2 paragraph (1) of Law No. 2/2014 concerning the Position of Notary, which states that a notary is a public official who is authorized to make authentic deeds and has other powers as referred to in this Law or based on other Prevailing Laws. The position of the PPAT in essence has the task of carrying out land registration by making deeds as evidence and having carried out certain legal actions regarding land rights. Legal protection for parties transferring land through sale and purchase is stated in the 1945 Constitution, namely Article 27 paragraph (1) which states that each person has the right to recognition, guarantee, protection, and legal certainty that is just and equal treatment before the law.
Penetapan Honorarium Notaris dalam Praktik Pelaksanaan Jabatan Notaris
I Ketut Adi Gunawan;
I Nyoman Sumardika;
Ida Ayu Putu Widiati
Jurnal Konstruksi Hukum Vol. 1 No. 2 (2020): Jurnal Konstruksi Hukum
Publisher : Warmadewa Press
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.22225/jkh.1.2.2547.369-373
The Law on Notary Position (hereafter called UUJN) states the honorarium, but in practice, it has certain limits. The uncertainty of honoraria can lead to misunderstanding between the notary and the client. This research was conducted with the aim of revealing whether the determination of the economic value of each deed in the practice of implementing the position of a notary is in accordance with the provisions of the UUJN and whether a notary can provide legal services in connotarial matters to underprivileged people. This research was designed using juridical-empirical research methods. The results of this study indicated that the determination of the economic value of each deed in the practice of implementing the position of a notary is in accordance with the provisions of UUJN as stipulated in article 36. All public officials who have agreed on the arrangement of the honorarium state that they must have a sense of binding and the existence of coercive power which is adjusted to the provisions in UUJN. In addition, a notary can provide legal services in the field of connotarization to underprivileged people based on a notary's morality and integrity. This is supported by Article 37 of the UUJN which states that notaries are required to provide services free of charge to people who cannot afford it.
Peran Anggota Kepolisian Dalmas Polda Bali dalam Penegakan Hukum terhadap Penanganan Unjuk Rasa Tolak Reklamasi Teluk Benoa
I Kadek Windi Pranata Putra;
Ida Ayu Putu Widiati;
I Nyoman Gede Sugiartha
Jurnal Konstruksi Hukum Vol. 1 No. 2 (2020): Jurnal Konstruksi Hukum
Publisher : Warmadewa Press
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.22225/jkh.1.2.2548.362-368
Every citizen has the right to express an opinion in accordance with Law Number 9 of 1998 concerning Freedom of Expressing Opinions in Public. Freedom of opinion is generally carried out by demonstrations. The recent demonstration in Bali is a demonstration against the reclamation of Benoa Bay. This is of particular concern to members of the Bali Police Dalmas as the main party in the handling of this demonstration. In handling it, the Bali Police Dalmas is guided to enforce the law against each of these demonstrations. Based on this background, this research was conducted with the aim of describing how the role of members of the Bali Police Dalmas police in law enforcement against the Benoa Bay protest against the Benoa Bay reclamation and what factors hindered the implementation of handling the Benoa Bay reclamation protest action by members of the Bali Police Dalmas. This study used an empirical legal research method. The results of this study indicated that the role of the Bali Police Dalmas in enforcing the law against the protest against Benoa Bay reclamation was carried out based on pre-emptive, preventive, and repressive actions based on statutory regulations and the police chief regulations regarding the handling of demonstrations. In addition, the factors that hindered the implementation of the protest against the reclamation of Benoa Bay by members of the Bali Police Dalmas include internal and external factors. the internal factor is factor of Dalmas members themselves, both from a mental perspective, professionalism, and knowledge about how to handle protests. Meanwhile, the external factor is generally the mass of protesters who do not understand the provisions that apply to the implementation of a demonstration.