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All Journal JURNAL HUKUM DiH : Jurnal Ilmu Hukum Jurnal Daulat Hukum Hasanuddin Law Review Sociological Jurisprudence Journal Jurnal Notariil Veteran Law Review AMNESTI : Jurnal Hukum Journal Equity of Law and Governance Jurnal Konstruksi Hukum Jurnal Interpretasi Hukum Jurnal Preferensi Hukum (JPH) Postgraduated Community Service Journal Journal of Law, Poliitic and Humanities Lex Publica Community Services Journal (CSJ) Jurnal Analogi Hukum Law and Democracy Insight
I Gusti Bagus Suryawan
Univesitas Warmadewa
Religion Humanities Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences Other

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Criminal Liability for the Abuse of a New Type of Narcotics (Alpha Propylaminopentiophenone) in Indonesia Ni Gek Ayu Septi Nohanaa; I Gusti Bagus Suryawan; I Wayan Rideng
Journal Equity of Law and Governance Vol. 3 No. 1
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/elg.3.1.6612.52-57

Abstract

With the rapid development of information technology, the types of Narcotics are increasing, one of which is Alpha Propylaminopenthiophenone, which is a new type of Narcotics that is not yet contained in statutory regulations, so there is a void in norms. Propylaminonepenthiophenone) can be held criminally responsible? 2. What are the arrangements for new types of narcotics users such as Alpha Propylaminonpentionefenone in the future? The use of the method in this study is a type of normative legal research with a statutory regulatory approach, the source of data is through legislation which includes Law Number 35 of 2009 and the purpose of this study is to determine criminal liability for users of a new type of narcotics (alpha propylaminopenthiophenone). in Indonesia. The results of the study can be explained that Alpha Propylamininpenthiophenone has not been regulated in Indonesian Legislation and Users of these substances cannot be held criminally responsible because the Indonesian legal system adheres to the principle of legality, so with regard to this it is necessary to regulate (Alpha Propylaminonpenthiophenone) so that users can be held criminally responsible and should reform the Narcotics Law which states that all substances containing narcotic substances are considered narcotics.
Arrangements of Space Utilization Control in Tourism Areas Based on Justice and Local Wisdom in Realizing Community Welfare I Gusti Ngurah Muliarta; I Nyoman Putu Budiartha; I Gusti Bagus Suryawan
Journal Equity of Law and Governance Vol. 3 No. 2
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/elg.3.2.8461.97-104

Abstract

This study delves into the regulation of space utilization control in tourism areas, exploring its nature, legal aspects, and models based on Law No. 6/2023. The main legal queries addressed are the nature of these regulations, their alignment with Ratio Legis, and proposing a model for justice-based control in tourism space. Employing a normative legal research methodology, this study adopts statutory, conceptual, legal historical, philosophical, and comparative legal approaches. Primary, secondary, and non-legal materials are used for analysis. The research concludes that controlling space utilization in tourism areas involves fairness and local wisdom, emphasizing alignment with societal values while addressing governmental, business, and community needs. Ratio Legis under Law No. 6/2023 simplifies licensing to foster employment opportunities and community economic growth, overriding zoning regulations. The proposed control model emphasizes; regulating activities based on space suitability, providing incentives and disincentives, aligning with local wisdom values, and imposing sanctions for compliance. This research contributes insights for just and locally rooted control mechanisms, ensuring community welfare while harnessing the potential of tourism spaces in harmony with societal values and legal regulations.
Legal Responsibility Hotel Tourism Accommodation Company in Termination of Employment During the Covid-19 Pandemic Fatikhah Kismilarsih; I Nyoman Putu Budiartha; I Gusti Bagus Suryawan
Journal Equity of Law and Governance Vol. 3 No. 2
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/elg.3.2.8470.111-119

Abstract

The Covid-19 pandemic significantly impacted tourism accommodation companies, resulting in a drastic reduction in tourist visits and subsequent workforce layoffs, leading to terminations. Normatively, legal regulations have not comprehensively addressed the challenges arising from these terminations during the pandemic, leading to a legal vacuum regarding the responsibilities of accommodation companies towards terminated employees (rechtsvacuum). Empirically, the research focuses on analyzing the implications of legal protection on hotel and tourism accommodation workers facing termination due to the pandemic. This study employs a mixed-methods approach combining legal doctrinal and empirical research. Findings reveal the uncertain legal status of terminated workers in the context of hotel and tourism accommodation companies during the Covid-19 pandemic. Despite being sent home, these workers legally retain their employee status under the Job Creation Law, entitling them to monthly wages, allowances, and other associated rights. The regulatory framework addressing accountability for layoffs during the pandemic includes Article 156 of the Employment Law, Article 156 of the Job Creation Law, as well as PP Number 35 of 2021 and PP Number 37 of 2021. To enhance future accountability models for hotel and tourism accommodation companies regarding employment termination, an addition in paragraph (3) of Article 43 in PP Number 35 of 2021 is suggested specifically concerning laid-off workers' rights and obligations.
Penerapan Peraturan Daerah Kota Denpasar Nomor 3 Tahun 2015 Tentang Pengelolaan Sampah Dewa Gede Agus Anjaswara; I Gusti Bagus Suryawan; 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.1.1.2134.78-83

Abstract

The city of Denpasar has not been able to carry out waste management properly, even though waste management is very important to reduce the volume of waste, and it can even use waste into useful objects or products. Denpasar City tries to manage waste in Denpasar. The purpose of this research is to find out how the implementation of Denpasar City Regulation Number 3 of 2015 concerning Waste Management and to find out the supporting and inhibiting factors of the enactment of Denpasar City Government Regulation Number 3 of 2015 concerning Waste Management. This study was designed using empirical legal research with a statutory approach. The data collection techniques used in the study were interviews and documentation. The results show that the action of the Denpasar city government against violations of the Regional Regulation of the City of Denpasar Number 3 of 2015 concerning waste management is to implement minor crimes against offenders where those who violate are tried in light criminal court (Tipiring). Then, the supporting and inhibiting factors for the enforcement of Regional Regulation Number 3 of 2015 on Waste Management are the legal basis for cleanliness management that has been issued by the Denpasar City Government in the form of Legislation, Regional Regulations, and the Mayor of Denpasar. Inhibiting factors for the enforcement of Sanctions by Regional Regulation No.3 of 2015 on Waste Management, namely factors of law enforcement officers, facilities and infrastructure factors, and community factors.
Penegakan Hukum terhadap Tindak Pidana Peretasan sebagai Bentuk Kejahatan Mayantara (Cyber Crime) I Gusti Ayu Suanti Karnadi Singgi; I Gusti Bagus Suryawan; 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.1.2.2553.334-339

Abstract

Along with technological developments, there are a lot of facilities available in cyberspace. The development of this technology can also provide opportunities for criminals, especially crimes in cyberspace. Cybercrime is a new form or dimension of a crime that is currently receiving a lot of attention from the international community. One type of cybercrime is hacking. Based on this background, this research was conducted with the aim of describing law enforcement against criminal acts of hacking and the efforts to deal with cybercrime. This research was conducted using normative legal research methods and statutory approaches. The results of this study showed that law enforcement against criminal acts of hacking is regulated in Law Number 19 of 2016 amending Law Number 11 of 2008 concerning Electronic Information and Transactions. The perpetrator will be given criminal sanctions in the form of imprisonment and fines for violations in the field of hacking. In addition, efforts to eradicate cybercrime refers to the Law on Information and Electronic Transactions which is carried out with preventive and repressive measures. Therefore, the criminal act of hacking which is included in the realm of cybercrime has been regulated in Article 30 paragraph (1), (2) and (3) of the ITE Law, while the punishment is regulated in Article 46 paragraph (1), (2), and ( 3) of the ITE Law. In this regard, the government has taken various countermeasures in the form of preventive and repressive measures.
Efektifitas Pelaksanaan Peraturan Daerah Kabupaten Badung Nomor 2 Tahun 2016 Tentang Sistem Online Pajak Daerah I Gusti Ayu Mas Yuni; I Gusti Bagus Suryawan; Luh Putu Suryani
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.1.2.2556.325-328

Abstract

The Regional Revenue Agency / Pasedahan Agung Badung Regency is a regional apparatus organization that has the main objective and function of managing regional revenue as a source of regional financing in implementing regional development. This study aims to analyze the implementation procedures and determine the effectiveness of the implementation of the Badung Regency Regulation Number 2 of 2016 concerning the Local Tax Online System. This study uses an empirical method. There are 2 forms of data used, namely primary and secondary, namely collected through interviews. The results showed that the procedures for implementing the online system of local taxes for taxpayers to report their taxes through the Revenue Agency web and the installation of recording devices for monitoring business transactions on taxpayers. The implementation of the Local Tax Online System can be said to be effective as seen from the increase in online tax reporting and the increase in the installation of business transaction monitoring tools for taxpayers and the increase in PAD Taxes. The juridical and non-juridical constraints are the taxpayers who refuse to install a recording device for monitoring taxpayers' business transactions. Therefore, through this research, the Regional Revenue / Pasedahan Agency is expected to increase the socialization of understanding and reinforce the sanctions in the Badung Regency Regional Regulation Number 2 of 2016 concerning the Online Regional Tax System
Mekanisme Impeachment Presiden dalam Sistem Ketatanegaraan Indonesia I Gede Ngurah Bayu Krisna; Gusti Bagus Suryawan; Wayan Arthanaya
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.1.2.2567.296-299

Abstract

In the course of the Indonesian Constitution, the president has been dismissed four times. This is the cause of the dispute between the two state institutions, namely the Representative Council (DPR) and the President. However, after reformation, the process of dismissing the President had to go through several stages. Based on these problems, this study aims to analyze the impeachment mechanism of the President in the Indonesian constitutional system and to find out the consequences of the Constitutional Court's legal decisions upon the DPR's request. This research uses the normative type by looking at the 1945 Constitution of the Republic of Indonesia concerning impeachment. The data sources used were law and documentation. Then, all data is processed and analyzed with deductive-inductive legal arguments. The results showed that before the reformation, government power was very large and centralized, giving birth to an undemocratic government, and the impeachment process of the President used political rather than juridical reasons. However, after the reform era, the regulation was made clear by the changes to the three 1945 Constitution that gave birth to a new institution, namely the Constitutional Court, automatically the post-reform Impeachment must go through a new legal institution after that a political institution
Pertimbangan Hukum terhadap Putusan Lepas dari Segala Tuntutan Hukum (Ontslag Van Rechtsvervolging) Anak Agung Gede Wiweka Narendra; I Gusti Bagus Suryawan; I Made Minggu Widyantara
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.1.2.2595.243-250

Abstract

People’s knowledge and understanding of the community, especially law enforcement officials as the one who implement the laws and regulations, often causes mistakes in interpreting the criminal act of fraud. Evidence shows that the public or law enforcement officials who carry out their duties if a legal relationship is carried out by someone with another person, which was originally very civil in nature (individual contract), can often develop into a complex problem because it contains other juridical aspects, for example the dimension of the crime. This study aims to determine the judge's consideration in giving a decision that is free from all lawsuits as well as the legal remedies that can be made on a decision that is free from all lawsuits in criminal cases. This study uses a descriptive normative research method. Sources of data used are secondary legal materials as the basis for research. Data collection in this study was carried out by literature study (document study), namely the collection of legal materials through written legal materials with deduction analysis techniques. Deductive analysis is drawing conclusions from general matters regarding the concrete problems faced. After the analyzing the data, the results showed that the basis for the judge's consideration of giving a verdict that is free from all lawsuits is if the accused can be proven legally and convincingly and strengthened by evidence so that the judge's conviction is obtained but it is not included in a criminal act as contained in Article 191 point (2) KUHAP which requires that it be declared to be released from all legal demands.
Kedudukan Perancang Peraturan Perundang-Undangan dalam Pembentukan Peraturan Daerah I Dewa Gede Anggarisna; I Gusti Bagus Suryawan; Luh Putu Suryani
Jurnal Konstruksi Hukum Vol. 2 No. 1 (2021): Jurnal Konstruksi Hukum
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/jkh.2.1.2964.37-40

Abstract

This study aims to determine the position and duties of the designer in the formation of regional regulations and the implementation of the designer's participation in the formation of regional regulations in Bali Province. The method in this legal research uses empirical legal research. The results show that the position and duties of the drafters of legislation in the formation of regional regulations play an important role, namely preparing to process and formulate all legal instruments and matters related to the design of legislation, while in the formation of regional regulations in Bali Province, the implementation of participation, namely the statutory designer is still there are 3 regencies / cities that have not involved the designer in the formation of local regulations. The comparison of the number of perda revoked from 2014-2019 between Provinces / Districts that involve designers and districts / cities that have not involved designers does not show a significant comparison of numbers. However, in 2018 the implementation of Designer Participation. In the Formation of Regional Regulations in the Province of Bali, it was started from the beginning to the end. So that the implementation of the participation of the new designer begins to run effectively. The legal consequence is that if the designer does not explicitly include the statutory regulations it does not explicitly state the sanctions so that there is an empty norm.
Kewenangan Pemerintah dalam Pembubaran Organisasi Kemasyarakatan I Gde Pasek Ari Krisnadana; I Gusti Bagus Suryawan; Ida Ayu Putu Widiati
Jurnal Konstruksi Hukum Vol. 3 No. 1 (2022): Jurnal Konstruksi Hukum
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/jkh.3.1.4242.98-103

Abstract

Ormas, which are familiarly referred to as community organizations, are organizations that exist and are formed from the community voluntarily based on the same needs, interests, common aspirations, activities and goals in participating in development for the sake of the Unitary State of the Republic of Indonesia based on Pancasila. The purposes of this study are to reveal the scope of government authority in the dissolution of civil society organizations in Indonesia and the mechanism for the dissolution of civil society organizations in Indonesia. The research method used is normative legal research with a statutory approach. Sources of legal materials used in the form of secondary and primary legal sources through recording and documentation studies in which legal materials and data are managed using interpretive analysis. The results of the study indicate that the scope of government authority in the dissolution of community organizations is based on the attribution authority. Regarding the mechanism for dissolving community organizations, it refers to the provisions of Law Number 16 of 2017 concerning Ormas. The author suggests that the government always conduct socialization and supervision related to the activities of community organizations so that the community and mass organizations must be guided by the 1945 Constitution of the Republic of Indonesia and Pancasila because it is the most important principle in establishing community organizations.
Co-Authors A.A. Ayu Wulan Pramesti A.A. Ayu Wulan Pramesti Agus Apriawan Agus Wandayuda Anak Agung Bagus Brameswara Somanatha Anak Agung Gede Wiweka Narendra Anak Agung Ngurah Bagus Raditya Wikananta Ayu Putu Putri Shinta Dewi Cesaltina Angela Soares Dewa Gede Agus Anjaswara Fatikhah Kismilarsih Fatikhah Kismilarsih Gede Nofantara Putra Hasibuan, Nella I Dewa Gede Anggarisna I Gde Pasek Ari Krisnadana I Gede Ary Setiawan I Gede Kresna Udayana I Gede Ngurah Bayu Krisna I Gusti Agung Ngurah Diego Arimbawa I Gusti Ayu Mas Yuni I Gusti Ayu Suanti Karnadi Singgi I Gusti Made Bayu Nugraha I Gusti Ngurah Muliarta I Gusti Ngurah Muliarta I Gusti Ngurah Muliartha I Gusti Ngurah Putra Pratama I Gusti Ngurah Raka Wedatama I Kadek Andika Setiawan I Ketut Ngastawa I Komang Agustina Aditya Putra I Made Aditya Mantara Putra I Made Arif Dwi Cahyadi I Made Gianyar I MADE MINGGU WIDYANTARA, I MADE MINGGU I Nengah Laba I Nyoman Gede Sugiarta I Nyoman Putu Budiartha I Nyoman Sujana I Nyoman Sumardika I NYOMAN SUTAMA I Nyoman Sutama I Putu Gede Bayu Sudarmawan I Putu Ngurah Aryana I Putu Satya Guna Dharma I Putu Satya Guna Dharma I Wayan Arthana I Wayan Arthanaya I Wayan Arthanaya I Wayan Rideng I Wayan Wesna Astara I Wayan Wirya Sastrawan I. A. Wulan Prawesti I. B. Komang Suarka Indah Permatasari Indah Permatasari Intan Permata Sari Johannes Ibrahim Kosasih Jon Samuel Sonbay Karma, Ni Made Sukaryati Kartana, I Wayan Ketut Ngastawa Klaustra Adhi Permana Klaustra Adhi Permana Klaustra Adhi Permana Luh Putu Sudini M. Ngurah Arya Yogie Krsna M. Ngurah Yogie Khrsna Made Ayu Wangi Utari Suryatika Made Dwija Pramana Made Ratih Pradnyantari Manuel Pinto Mirela Maria Ribeiro Guterres Muhammad Ihsan Mulyawati, Kade Richa Ni Gek Ayu Septi Nohanaa Ni Gek Ayu Septi Nohanaa Ni Gusti Ketut Sri Astiti Ni Kadek Putri Julia Dewi Ni Ketut Puput Cahyaningsih Ni Komang Ayu Darmayanti Ni Luh Made Mahendra Wati Ni Luh Made Mahendrawati Ni Luh Sandiani NI MADE ANGGITA SASTY YUDIADEWI Ni Made Faniasih Ni Putu Ayu Sutarini Dewi NM Jaya Senastri NM Jaya Senastri Oka Sugiadnyana, I Made Putu Gede Satya Wiguna Putu Kharisa Putu Suryani . Ramot H.P Limbong Ria Trisnomurti Rica Zakia Angelina Sanjaya, I Gusti Agus Maha Putra Senastri, Ni Made Jaya Serly Septiana Panca Putri Soares, Cesaltina Angela Styawati, Ni Komang Arini Sugiartha, I Nyoman Gede Sujana, I Nyoman Suryani, Luh Putu Trisnomurti, Ria Widiati, Ida Ayu Putu Wiguna, Putu Gede Satya Yohanes I Wayan Suryadi Yohanes I Wayan Suryadi