Articles
<![CDATA[THE IMPLICATION OF DENPASAR MAYOR REGULATION NUMBER 36 OF 2018 CONCERNING THE REDUCTION OF THE USE OF PLASTIC BAGS ON THE INVESTMENT CLIMATE IN THE TOURISM INDUSTRY SECTOR IN DENPASAR CITY ]]>
<![CDATA[Ni Ketut Sari Ardani]]>;
<![CDATA[I Ketut Widia]]>;
<![CDATA[I Wayan Rideng]]>
<![CDATA[ Journal Equity of Law and Governance Vol. 1 No. 2 ]]>
Publisher : <![CDATA[Warmadewa Press ]]>
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DOI: 10.22225/elg.1.2.3941.143-147
<![CDATA[Tourism is a very complex and mass industry, involving many people from all walks of life and professions. Tourism as the foundation of many people’s lives is very vulnerable to issues, especially the issue of cleanliness and environmental pollution. Plastic waste, one example of which is the disposal of plastic containers by the community has become a global issue that can disrupt the large-scale tourism industry. The piles of rubbish that mount in every refuse disposal site or landfill, are truly heartbreaking, embarrassing, and very disturbing to the beauty and comfort of the community. That’s why the community and the Government of the City of Denpasar took the initiative to save Denpasar City Region in the hope of having an impact on the preservation of the global environment. This journal intends to identify the problem that is the obstacle to the implementation of Denpasar Mayor Regulation Number 36 Year 2018 concerning the Reduction of the Use of Plastic Bags on the investment climate in the tourism industry sector in Denpasar City. The second problem is how the Implementation of Denpasar Mayor Regulation No. 36 of 2018 impacts the investment climate in the tourism industry sector in Denpasar City. The theories used in this study are Legal System theory, Investment Theory and Tourism Theory. The type of research used in this study is the legal research. In this research, the legal research is conducted by giving the education for the community and giving a law enforcement. The conclusion from this research is that the obstacle to the implementation of Denpasar Mayor Regulation No. 36 of 2018 is that the level of understanding and awareness of the legal community need to be improved. While the implication of Denpasar Mayor Regulation No. 36 of 2018 on the tourism industry is very significant, more and more tourists will visit Denpasar city if the environment is free of plastic waste ,and it looks clean, beautiful, and pristine.]]>
<![CDATA[The Legal Pluralism in Law Education in Indonesia ]]>
<![CDATA[Rahmat Bin Mohamad]]>;
<![CDATA[I Wayan Rideng]]>
<![CDATA[ Sociological Jurisprudence Journal Vol. 4 No. 1 (2021) ]]>
Publisher : <![CDATA[Fakultas Hukum, Universitas Warmadewa ]]>
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DOI: 10.22225/scj.4.1.2635.1-5
<![CDATA[This paper aims to analyze the practice of legal pluralism in Indonesia. A decentralized approach policy enables the growth and the development of various legal systems. By the prevailing of the pluralism of legal system apparently also raises the problem in its application. But in reality, various living legal systems can co-exist. The method applied is based on normative study, with qualitative approach. The result shows that the legal system that pluralism is very influential on the development of education, including law education. Law education in Indonesia is also influenced by the history of Indonesia. The new pattern of law education in Indonesia can only lead people to an obedience and legal compliance. Legal education is not an independent thing, but it is related to social issues. So it has implications for the many violations of law and the emergence of criminal acts. This shows the level of legal awareness of the community is still low. Then it will also affect the legal culture and law enforcement in a country.]]>
<![CDATA[Legal Certainty of Guarantor for the Existence of Foreign Investors in Indonesia ]]>
<![CDATA[I Made Rusdiko]]>;
<![CDATA[I Ketut Widia]]>;
<![CDATA[I Wayan Rideng]]>
<![CDATA[ Jurnal Hukum Prasada Vol. 6 No. 2 (2019): Jurnal Hukum Prasada ]]>
Publisher : <![CDATA[Magister of Law, Post Graduate Program, Universitas Warmadewa ]]>
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DOI: 10.22225/jhp.6.2.2019.123-129
<![CDATA[One of the effects of globalization is the development of an increasingly complex investment scope, among others, the emergence of certain Foreign Investors who set up companies in Indonesia with management status and full ownership by these investors. This has obscured the provisions regarding guarantors for their existence in the Indonesian Territory as stipulated in Law No. 6 of 2011 concerning Immigration. The Law on Limited Liability Companies and the Investment Law, does not provide a regulation regarding the obligation of the existence of Indonesian Citizens in the management of companies established by foreigners who have been guarantors. The formulation of the problem to be examined is: how is the legal certainty of the guarantor and who can be the guarantor for the existence of the foreign investor in obtaining a residence permit in Indonesia. This type of research is normative legal research because of the absence of norms, referring to Article 63 paragraph (1) of Law Number 6 Year 2011 concerning Immigration. Based on the results of the study concluded that there has been a vacuum of norms regarding guarantors for certain foreign investors in obtaining guarantors that guarantee their existence in the Territory of Indonesia. This causes legal uncertainty for the guarantor and the investor in obtaining a residence permit. Therefore it is necessary to deregulate existing laws and regulations so that the guarantor and investors get legal certainty and protection while they are in the territory of Indonesia.]]>
<![CDATA[Sanksi Pidana Penyalahgunaan Pengangkutan Bahan Bakar Bersubsidi ]]>
<![CDATA[I Dewa Gede Sastra Buwana]]>;
<![CDATA[I Wayan Rideng]]>;
<![CDATA[I Ketut Sukadana]]>
<![CDATA[ Jurnal Konstruksi Hukum Vol. 1 No. 2 (2020): Jurnal Konstruksi Hukum ]]>
Publisher : <![CDATA[Warmadewa Press ]]>
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DOI: 10.22225/jkh.1.2.2597.281-285
<![CDATA[Oil and gas is a natural resource controlled by the state and is a source of vital commodities that play an important role in every human activity. The misuse of the transportation and trade of fuel subsidized by the government by certain individuals can take away the rights of the less fortunate and result in losses to the state. This research explains how to arrange the transportation or commercialization of subsidized fuel and to find out the criminal sanctions for the perpetrators of misuse of subsidized fuel. The research method used is Normative Law research. The statutory approach to the problem is to analyze from the point of view of statutory regulations and relevant theories. Sources of legal materials in this study are primary and secondary legal materials. The technique of collecting legal materials is obtained from legal literature materials by collecting, reading and recording legal materials related to the crime of misuse of subsidized fuels. The results of this study are first, the regulation of legal protection and supervision has been regulated in accordance with the provisions of Article 46 of Law No. 22 of 2001 on Oil and Gas. Second, legal sanctions against perpetrators of misuse of subsidized fuel: case at the Gianyar District Court (PN) case number 153 / Pid.Sus / 2017 / PN. Gin is cumulative in nature, as regulated in Article 55 of the Republic of Indonesia Law No. 22 of 2001, namely given a verdict in the form of a prison sentence of 10 (ten) months and a fine of 2 million rupiahs provided that if the fine is not paid, it is replaced by imprisonment for 2 (two) month]]>
<![CDATA[Perlindungan Hukum terhadap Anak Sebagai Pelaku Tindak Pidana dari Perspektif Kemerdekaan Pers ]]>
<![CDATA[Kadek Mahadewi]]>;
<![CDATA[I Wayan Rideng]]>;
<![CDATA[Ida Ayu Putu Widiati]]>
<![CDATA[ Jurnal Konstruksi Hukum Vol. 2 No. 2 (2021): Jurnal Konstruksi Hukum ]]>
Publisher : <![CDATA[Warmadewa Press ]]>
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DOI: 10.22225/jkh.2.2.3212.233-237
<![CDATA[Legal protection for children who consider the law is one important aspect that must be considered by all parties to avoid negative impacts felt by children and children. This research has two problemformulations, namely: 1) How is legal protection against children as a crime? 2) What are the implications of press freedom which violates children's rights as a crime? The method used is nonnative legal research. The implementation of press freedom in reporting is not in accordance with the regulations regarding child protection and the journalistic code of ethics because efforts are still being made by the press in reporting about children as a crime whose identity is published in both print and electronic media so that it has a negative impact both physically. and psychologically to children. This requires accountability from the press and sanctions given to the press who violate children's rights are regulated in the Criminal Code.]]>
<![CDATA[Tinjauan Yuridis terhadap Pelaku Tindak Pidana Pembunuhan Bayi (Studi Kasus Putusan Nomor 1123/Pid.Sus/2018/Pn Dps) ]]>
<![CDATA[Desak Ketut Parwati]]>;
<![CDATA[I Wayan Rideng]]>;
<![CDATA[Ni Made Sukaryati Karma]]>
<![CDATA[ Jurnal Konstruksi Hukum Vol. 2 No. 3 (2021): Jurnal Konstruksi Hukum ]]>
Publisher : <![CDATA[Warmadewa Press ]]>
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DOI: 10.22225/jkh.2.3.3619.616-621
<![CDATA[Protection for babies has started since in the womb. In accordance with article 2 Burgerlijk Wetboek that a child who is still in his mother's womb is considered a legal subject as long as the interests of the child are desired. However, nowadays cases of infanticide often occur, so in this case legal protection is needed. The purpose of this research is to analyze the regulation of criminal sanctions for the perpetrators of the crime of infanticide and the judge's consideration of the perpetrators of the crime of infanticide. The type of research used in this paper is a normative law research type with a statutory and conceptual approach. The sources of legal materials used are primary and secondary legal materials. After the data is collected, then the data is analyzed systematically. The results of the research reveal that the setting of sanctions for perpetrators of the crime of infanticide is as regulated in Law Number 35 of 2014 concerning Child Protection. The judge's considerations in making a decision against the perpetrators of the crime of infanticide which resulted in death, include; witness statements that have been submitted by the public prosecutor before the trial, based on the testimony of the defendant at the trial and based on the elements of the crime charged by the public prosecutor in the single indictment have been fulfilled.]]>
<![CDATA[Tinjauan Yuridis Terhadap Pelaku Tindak Pidana Pembunuhan Bayi (Studi Kasus Putusan Nomor 1123/Pid.Sus/2018/Pn Dps) ]]>
<![CDATA[I Wayan Rideng]]>;
<![CDATA[Desak Ketut Parwati]]>;
<![CDATA[Ni Made Sukaryati Karma]]>
<![CDATA[ Jurnal Konstruksi Hukum Vol. 2 No. 3 (2021): Jurnal Konstruksi Hukum ]]>
Publisher : <![CDATA[Warmadewa Press ]]>
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DOI: 10.22225/jkh.2.3.3639.469-475
<![CDATA[Protection for babies has started since in the womb. In accordance with article 2 Burgerlijk Wetboek that a child who is still in his mother's womb is considered a legal subject as long as the interests of the child are desired. However, nowadays cases of infanticide often occur, so in this case legal protection is needed. The purpose of this research is to analyze the regulation of criminal sanctions for the perpetrators of the crime of infanticide and the judge's consideration of the perpetrators of the crime of infanticide. The type of research used in this paper is a normative law research type with a statutory and conceptual approach. The sources of legal materials used are primary and secondary legal materials. After the data is collected, then the data is analyzed systematically. The results of the research reveal that the setting of sanctions for perpetrators of the crime of infanticide is as regulated in Law Number 35 of 2014 concerning Child Protection. The judge's considerations in making a decision against the perpetrators of the crime of infanticide which resulted in death, include; witness statements that have been submitted by the public prosecutor before the trial, based on the testimony of the defendant at the trial and based on the elements of the crime charged by the public prosecutor in the single indictment have been fulfilled.]]>
<![CDATA[Kedudukan Perempuan Mulih Daha dalam Keluarga dan Akibat Hukum Terhadap Anak di Desa Adat Mengwitani ]]>
<![CDATA[Putu Ayu Devi Kardila]]>;
<![CDATA[I Nyoman Putu Budiartha]]>;
<![CDATA[I Wayan Rideng]]>
<![CDATA[ Jurnal Konstruksi Hukum Vol. 2 No. 3 (2021): Jurnal Konstruksi Hukum ]]>
Publisher : <![CDATA[Warmadewa Press ]]>
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DOI: 10.22225/jkh.2.3.3665.605-609
<![CDATA[Women who return to their original homes because of a divorce, their status is called mulih daha (girls return). With this, the mulih daha woman continues to carry out her swadharma (obligations) to her parents at her home. If the marriage breaks up due to divorce, it also has legal consequences for the child. Based on the background that has been described, the purpose of this study is to find out how the legal status of the Mulih Daha woman is and what are the legal consequences for the child brought by the Mulih Daha woman to her home. The research method in this writing uses empirical research methods. The results of this study indicate that mulih daha women have no right to claim back the right to inherit in their home of origin. The rights and obligations of parents who have divorced their children must still be carried out as stipulated in Article 26 paragraphs (1) and (2) of Law Number 35 of 2014 concerning amendments to Law Number 23 of 2002]]>
<![CDATA[Kedudukan Anak Angkat dalam Pewarisan Menurut Hukum Adat Bali (Studi Kasus Desa Adat Gunaksa) ]]>
<![CDATA[I Nengah Sunaradana]]>;
<![CDATA[I Wayan Rideng]]>;
<![CDATA[Diah Gayatri Sudibya]]>
<![CDATA[ Jurnal Interpretasi Hukum Vol. 2 No. 2 (2021): Jurnal Interpretasi Hukum ]]>
Publisher : <![CDATA[Fakultas Hukum, Universitas Warmadewa ]]>
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DOI: 10.22225/juinhum.2.2.3423.274-280
<![CDATA[The position of adopted children in inheritance based on Balinese customary law has indeed been determined to provide rights for adopted children. This research aimed to examine the customary procedures for adopting children according to Balinese Customary Law and the position of adopted children related to the inheritance of their parents (biological and adoptive). This research uses empirical legal methods with juridical and sociological approaches. The sources of legal materials used are primary and secondary. The legal materials in this research were collected using two data collection techniques, namely interview and documentation techniques. Then, the sample selection in this research was carried out by using purposive sampling technique, then it was analyzed systematically. The results of the research indicates that the position of an adopted child is the same as that of a biological child - acting as the legal heir and successor - if he comes from a large family of adoptive parents. The inheritance of the adoptive parents' inheritance will be fully handed over to the adopted son, including the family heirloom of his adoptive parents. Meanwhile, the position of adopted children is only limited to the inheritor of wealthy assets if they come from outside the extended family of the adopted parent - inheritance to the legal owner. In this condition, if the adoptive parents die, then the family relationship between the adopted child and the adoptive parents is severed.]]>
<![CDATA[Penerapan Sanksi Adat Bagi Penyalahgunaan Narkotika di Desa Adat Kesiman ]]>
<![CDATA[Ni Made Widiari]]>;
<![CDATA[I Wayan Rideng]]>;
<![CDATA[Luh Putu Suryani]]>
<![CDATA[ Jurnal Interpretasi Hukum Vol. 2 No. 2 (2021): Jurnal Interpretasi Hukum ]]>
Publisher : <![CDATA[Fakultas Hukum, Universitas Warmadewa ]]>
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DOI: 10.22225/juinhum.2.2.3428.286-290
<![CDATA[The village is the smallest part of the area regulated by law. Based on PERDA Prov. Bali regarding Traditional Villages, Traditional Villages are customary law community units in Bali which have territories, each Traditional Village can make Awig-Awig, Pararem and Other Regulations. This study examines the regulation of narcotics abuse in pararem in the Kesiman Traditional Village and analyzes the application of customary sanctions for narcotics abuse in the Kesiman traditional village. This study was designed with empirical research with a legislative and conceptual approach. Sources of data are primary and secondary data obtained through recording and in-depth interviews. The results showed that the regulation of narcotics abuse in the youth of the Kesiman traditional village is regulated in the pararem of the Kesiman Traditional Village Number: 121/01-KR/lV/2019 concerning the dangers of drugs, if violated by the community in the Kesiman Traditional Village, they can be subject to sanctions in the form of a 100 kg of rice . Against the government to better tackle things that damage the younger generation and the community to pay more attention to the dangers of using Narcotics]]>
