Articles
Implikasi Pemberlakuan Kebijakan Visa Pada Rumah Kedua (Second Home Visa) di Indonesia)
Kadek Dini Destianingsih;
I Nyoman Gede Sugiartha;
Ida Ayu Putu Widiati
Jurnal Konstruksi Hukum Vol. 5 No. 1 (2024): Jurnal Konstruksi Hukum
Publisher : Warmadewa Press
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DOI: 10.22225/jkh.5.1.8597.72-76
Kebijakan visa rumah kedua atau second home visa menimbulkan sejumlah kritik. Pada kebijakan visa rumahkedua atau second home visa akan resmi diberlakukan pada tanggal 24 Desember yaitu sejak 60 hari sejak suratedaran diterbitkan pada tanggal 25 Oktober lalu. Permasalahan dari penelitian ini mengenai bagaimana pengaturanhukum kebijakan visa pada rumah kedua di Indonesia dan bagaimana implikasi terhadap pemberlakuan kebijakanvisa pada rumah kedua di Indonesia. Metode penelitian yang digunakan adalah metode penelitian normatif. Jenispendekatan menggunakan konseptual, pendekatan perundang-undangan. Hasil penelitian ini pun membuktikanbahwasanya pengaturan kebijakan visa ini sejalan dengan surat edaran Dirjen Imigrasi Nomor IMI-0740.GR.01.01 Tahun 2022 terkait pemberian visa dan kitas rumah kedua dinyatakan bahwasanya pemohonsecond home visa diwajibkan memenuhi syarat proof of fund setidaknya Rp. 2 Milyar. Adapun dampak yuridisdari kebijakan ini yaitu dampak langsung bagi perekonomian Indonesia berupa daya tariknya wisman untukberbelanja pada produk lokal di destinasi, dan dampak non yuridis dari kebijakan ini fenomena migrasi orangasing ke Indonesia.
Kedudukan Hak atas Tanah Waris Warga Negara Indonesia yang Berpindah Kewarganegaraan
Kadek Hapsari Ika Palupi;
Ida Ayu Putu Widiati;
I Wayan Arthanaya
Jurnal Interpretasi Hukum Vol. 1 No. 1 (2020): Jurnal Interpretasi Hukum
Publisher : Fakultas Hukum, Universitas Warmadewa
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DOI: 10.22225/juinhum.1.1.2181.30-36
A person’s citizenship status has an impact on obtaining guarantees of rights from the state. Indonesian citizens are granted the right to obtain ownership rights to land in Indonesia, but not to those who have changed their citizenship status. The case is different if a citizen acquires the rights of ownership over land due to inheritance. In this regard, this study addresses two questions: 1) how is the inheritance rights in Indonesia based on the Civil Code regulated? ) What is the position of inheritance rights of Indonesian a citizen who has changed his/her citizenship status? This study uses a normative legal research method with a statutory approach and a conceptual approach to achieve these goals. The results indicate that the regulation of inheritance rights in Indonesia is realized through the enactment of three types of inheritance law, namely Customary Inheritance Law, Islamic Inheritance Law and Civil Code Inheritance Law. In the Civil Code of Inheritance Law there are groups that distinguish between heirs and wills whose contents shall not conflict with legitieme portie (absolute part) and shall relate to its inheritance which is land. Then, there are other rules that need to be obeyed namely Indonesian Republic Law Number 5 of 1960 concerning Basic Regulations of Agrarian Principles. The status of ownership rights of land of an Indonesian citizen who has changed his/her citizenship status transfers to the state if the said citizen does not transfer the status of his/her land inheritance within one year from his transfer of citizenship.
Penegakan Sanksi Terhadap Aparatur Sipil Negara yang Melakukan Pelanggaran Disiplin di Lingkungan Pemerintah Kota Denpasar
Ni Luh Sandiani;
I Gusti Bagus Suryawan;
Ida Ayu Putu Widiati
Jurnal Interpretasi Hukum Vol. 1 No. 1 (2020): Jurnal Interpretasi Hukum
Publisher : Fakultas Hukum, Universitas Warmadewa
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DOI: 10.22225/juinhum.1.1.2210.196-203
One of the problems faced by the Indonesian bureaucracy is the violation of discipline by Civil Servants. Therefore, Law No. 5 of 2014 concerning Civil Servantsand PP No. 53/2010 concerning Civil Servant Discipline. Based on this background, this research was conducted with the aim of outlining how the discipline of Civil Servants in Denpasar City Government based on Law No.5 / 2014 concerning ASN and PP No. 53/2010 concerning Discipline of Civil Servants and how to enforce legal sanctions for Civil Servants who commit disciplinary violations within the Denpasar City Government. This research was designed using an empirical approach. This research was conducted directly at the Denpasar City BKPSDM by conducting interviews with the Kasubid Discipline and the Denpasar City BKPSDM Award. The results of this study indicated that the regulation of Civil Servant discipline in the BKPSDM is clearly regulated in the Civil ServantLaw and PP No. 53/2010 concerning Discipline of Civil Servants, and enforcement of legal sanctions at the BKPSDM for ASN who commit violations of discipline are also guided by Law No. 5 of 2014 concerning ASN and PP No 53/2010 concerning Discipline of Civil Servants. These laws and regulations already have clear rules. The causes of discipline violations committed by Civil Servants are that Civil Servantsdo not understand the rules, the leadership does not act firmly, lack of inherent supervision (WASKAT), and lack of appreciation praise for subordinates.
Tanggung Jawab Notaris Pengganti dalam Hal Notaris yang Diganti Meninggal Dunia Sebelum Cuti Berakhir
Ni Nyoman Candra Krisnayanti;
Ida Ayu Putu Widiati;
Ni Gusti Ketut Sri Astiti
Jurnal Interpretasi Hukum Vol. 1 No. 1 (2020): Jurnal Interpretasi Hukum
Publisher : Fakultas Hukum, Universitas Warmadewa
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DOI: 10.22225/juinhum.1.1.2218.234-239
In a community, the notary public is very important. A notary public contributes to law enforcement in Indonesia. Therefore, the community is very relieved by the existence of a notary public. One of the general professions that can get leave rights is a notary public, butif a notary public is about to take a leave, a substitute notary public must be appoited. If at the same time the notary passed away, a substitute notary is required who will be very important to fill the vacancy of the position. Based on this background, this study was conducted with the aim of outlining the legal status of a substitute notary public in the case of a notary public that is substitutedpassed away before the leave is over and describing the mechanism for completing the administration of a substitute notary protocol if the substituted notary passed away before the leave is over. This research was designed using normative legal research. The results of this study indicated that the legal status of a notary will replace the leadership position of the notary who is on temporary leave, sickness or even death. The substitute notary will carry out the tasks of the notary who is subtituted temporarily or permanently. At that time the notary does not need to be inaugurated based on the provisions of article 35 paragraph 3 UUJN-P. In addition, within not later than 60 days after the death of the replacing notary, the subtitute notary must complete all protocols and make official report on protocol handover, then all protocols are given to the notary who receives the protocol. If the protocol has been approved, it will be signed by a notary, the notary who accepts the protocol, and the regional supervisory board as a temporary official.
Perlindungan Hukum terhadap Pencipta Musik sebagai Suara Latar di Youtube
Komang Ariadarma Suputra;
Ida Ayu Putu Widiati;
Ni Made Sukaryati Karma
Jurnal Interpretasi Hukum Vol. 1 No. 1 (2020): Jurnal Interpretasi Hukum
Publisher : Fakultas Hukum, Universitas Warmadewa
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DOI: 10.22225/juinhum.1.1.2220.77-82
The use of music as video background sound is currently rife on social media Youtube. This is inseparable from the moral and economic benefits that users get through the features offered by Youtube. Therefore, as a state of law, Indonesia should appropriately provide legal protection for Music Creators whose works are used. The purpose of this study is to analyze the legal protection of music creators as a background voice on Youtube and find out the sanctions imposed on Youtube channels that commit copyright infringement. The research method used is normative legal research with statutory and conceptual approaches. The results showed that music is the result of human expression that has an element of beauty in it. Thus, the need for legal protection is given to the Creator. Legal protection is preventive, namely the formulation of the exclusive right of a Music Creator to Article 5 and Article 9 of Law no. 28 of 2014 concerning Copyright and repressively, the Music Creator can fight for his rights that have been violated through the courts and outside the court. As for the sanctions against violations of music copyright as the background sound of videos on Youtube, namely sanctions in the form of compensation for damages that have been caused as stipulated in Article 99 of Law No. 28 of 2014 concerning Copyright. Criminal sanctions are regulated in Article 113 paragraph (4) of Law no. 28 of 2014 concerning Copyright in the form of a maximum imprisonment of 10 years and / or a maximum fine of Rp. 4,000,000,000.00
Implikasi Penjualan Pakaian Bekas Impor bagi Konsumen di Kota Denpasar
Ni Made Indah Krisna Dewi;
Ida Ayu Putu Widiati;
I Nyoman Sutama
Jurnal Interpretasi Hukum Vol. 1 No. 1 (2020): Jurnal Interpretasi Hukum
Publisher : Fakultas Hukum, Universitas Warmadewa
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DOI: 10.22225/juinhum.1.1.2222.216-221
The sale of imported secondhand clothing is prohibited by the Government because it is in violation and not in accordance with applicable laws and regulations. Regarding import trade, it is regulated in Article 47 paragraph (1) of Law Number 7 of 2014 concerning Trade. The imported secondhand clothing can be categorized as dangerous goods because it circulates freely and without prior checking. Based on the background of the problems that have been described, this research was conducted with the aim of outlining how the arrangements for the implementation of the sale of imported secondhand clothing in the City of Denpasar and how the implications of the sale of imported secondhand clothing for consumers in the City of Denpasar. This study was designed using an empirical research approach, in which this research was conducted according to the real situation in a community or the surrounding environment with the aim of finding facts or legal issues that exist. The results of this study indicated that the regulation of the sale of imported secondhand clothing is regulated in Article 2 of the Regulation of the Minister of Trade of the Republic of Indonesia Number 51/M-DAG/PER/7/2015 concerning Prohibition of Imported Secondhand Clothing, where the secondhand clothing is prohibited from being imported into the territory of the Unitary State Republic of Indonesia because it has an impact on people's health and economy. The implication of the sale of imported secondhand clothing is very detrimental to the community especially in terms of health and economics. The use of imported secondhand clothes can also cause diseases such as itching, tinea versicolor, flu, etc., due to microbial bacteria attached to the secondhand clothes. Therefore, there is a need for socialization regarding these rules to the public and sellers of imported secondhand clothing, as well as enforcement of the rules through Raids against container sheds that distribute imported secondhand clothing to sellers.
Penerapan Pajak Kendaraan Bermotor terhadap Kendaraan Bernomor Polisi Luar Wilayah Bali
I Gede Ivan Wahyu Pramana;
Ida Ayu Putu Widiati;
Luh Putu Suryani
Jurnal Interpretasi Hukum Vol. 1 No. 2 (2020): Jurnal Interpretasi Hukum
Publisher : Fakultas Hukum, Universitas Warmadewa
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DOI: 10.22225/juinhum.1.2.2432.40-45
Seeing the number of vehicles with police numbers outside the area operating in Bali, in the Bali Provincial Regulation No. 4 of 2016 concerning the Implementation of Traffic and Public Transportation it is explained that vehicles from outside the Bali area can only be in Bali for 3 consecutive months if they exceed that time. then must do Transfer of Name Duty. This research is formulated to determine the imposition of motor vehicle tax in Bali Province, and to determine the intensification of motor vehicle tax imposition on police numbered vehicles from outside Bali. This research uses empirical law research type. The results of this study indicate that the collection of Motor Vehicle Tax in Bali Province can be carried out by taxpayers by following the procedures for implementing Motor Vehicle Tax collection as contained in the Regional Regulation of the Province of Bali Number 1 of 2011 concerning Regional Taxes. Regarding vehicles with police numbers outside the Bali Region, they cannot be taxed because there are no regulations governing these vehicles. This has also led the Bali Provincial Government to plan several efforts for vehicles outside the Bali region that have passed the time to reverse name.
Efektivitas Pemberantasan Pungutan Liar dalam Pelayanan Publik di Desa Pangsan Kecamatan Petang Kabupaten Badung
I Putu Putra Ariasa;
Ida Ayu Putu Widiati;
Luh Putu Suryani
Jurnal Interpretasi Hukum Vol. 1 No. 2 (2020): Jurnal Interpretasi Hukum
Publisher : Fakultas Hukum, Universitas Warmadewa
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DOI: 10.22225/juinhum.1.2.2442.94-97
Illegal levies are a form of crime that is very familiar to the public. Basically, illegal levy and corruption are the same acts where the two acts use power for the purpose of enriching themselves by violating the law. Based on the background of this problem, this research was conducted with the aim of describing the implementation of public services at Pangsan Village office, Petang District and the effectiveness of illegal levies eradication on public services at Pangsan Village office, Petang District. This study employed an empirical legal research method. The results of this study indicated that the implementation of public services at Pangsan Village office, Petang District has met technical indicators in accordance with work procedures. In Pangsan Village, the standard procedures also have the function of forming an orderly, systematic, and accountable work system and workflow. the effectiveness of illegal levies eradication on public services at the Pangsan Village office, Petang District has been very effective through the efforts made to prevent illegal levies in administrative services.
Analisis Penanganan Politik Uang Ditinjau dari Undang-Undang Pilkada
I Wayan Febrianto;
Ida Ayu Putu Widiati;
Luh Putu Suryani
Jurnal Interpretasi Hukum Vol. 1 No. 2 (2020): Jurnal Interpretasi Hukum
Publisher : Fakultas Hukum, Universitas Warmadewa
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DOI: 10.22225/juinhum.1.2.2446.110-115
Money politics in the regional elections lately has become one of the things that have attracted public attention. Money politics is carried out to get a lot of votes and control the votes in the regional elections. Money politics can have a negative impact on prospective regional election participants. This research was conducted with the aim of describing the regulation of money politics prohibition in the regional elections and the sanctions for regional election candidate participants who commit money politics. This research was conducted using the normative legal method. This research showed that the regulation regarding the prohibition of money politics in regional elections is regulated in Law Number 10 of 2016 concerning the regional elections. In addition, the sanctions for candidates for regional elections who commit money politics are regulated in Law Number 10 of 2016 as amended from Law Number 8 of 2015 concerning the regional elections. Candidates for regional elections who are caught engaging in money politics will be subject to a minimum of 36 months imprisonment and a maximum of 72 months, as well as a minimum fine of IDR 200,000,000 (two hundred million rupiah) and a maximum of IDR. 1,000,000,000 (one billion rupiah).
Kewenangan Pemerintah Provinsi Bali dalam Pengawasan terhadap Pramuwisata yang Tidak Berlisensi
Putu Ananda Sari;
Ida Ayu Putu Widiati;
I Nyoman Sutama
Jurnal Interpretasi Hukum Vol. 1 No. 2 (2020): Jurnal Interpretasi Hukum
Publisher : Fakultas Hukum, Universitas Warmadewa
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DOI: 10.22225/juinhum.1.2.2457.164-168
Control of unlicensed tour guides is the authority of the Bali provincial government through Civil service police Unit (Satpol PP) as a form of oversight of all regional regulations, especially regional guide regulations. SatPol PP is granted the authority to supervise by the government and cooperate with court police and tourism institutions in the law enforcement system. This study discusses the authority of the Bali Provincial Government in supervising unlicensed tour guides and sanctions against unlicensed tour guides. The method used to achieve these goals is the empirical legal research method, which is to conduct field research through interviews and taking notice of the existing phenomena in society related to the problems being studied. The results of the data analysis show that the government is provided the authority by statutory regulations through Law Number 10 of 009 concerning Tourism and Regional Regulation of the Province of Bali Number 5 of 2016 concerning Tour Guides. Supervision is carried out through preventive and repressive measures and is in the law enforcement system. Sanctions are applied to tour guides who are not licensed by imposing sanctions in the form of fines through court proceedings and tour guides who commit violations will be subject to tourism violations in the form of fines. The implementation is carried out through the secrets of the tour guides when carrying out their duties in each tourism area in Bali. Guiding secrets are executed through the control function in each working area.