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Restorative Justice Implementation In Bali Police Cybercrime Cases: Procedures, Barriers, And Digital Recovery Putera, Bagus Muhamad Salim; Nahak, Simon; Rideng , I Wayan
Protection: Journal Of Land And Environmental Law Vol. 4 No. 2 (2026): Protection: Journal Of Land And Environmental Law. (November – February 2026)
Publisher : PT Keberlanjutan Strategis Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38142/pjlel.v4i2.1809

Abstract

This article examines how restorative justice is implemented in cybercrime cases handled by the Bali Regional Police's Cyber Directorate, with the dual aim of identifying operational barriers and formulating strengthening strategies. The analysis is anchored in concepts of criminal law and punishment, as well as the purposes of law—justice, legal certainty, and social utility—so that restorative outcomes can be assessed against principled thresholds rather than ad hoc compromise. The study employs a juridical-normative method complemented by empirical materials drawn from interviews, document analysis, and limited observation of case conferences and mediated settlements, alongside multi-year case data. The findings show uneven implementation that improves when case triage is disciplined and when a digital recovery toolkit—timely content removal, account restoration, verifiable restitution, public clarification, and guarantees of non-repetition—is applied. Key impediments include institutional formalism, technical features of cyber offending, the scarcity of specific operational guidelines, concerns about victims' rights and legal certainty, public misconceptions, and gaps in mediation and forensics capacity. The results suggest restorative justice should operate as a conditional instrument: prioritized where measurable recovery for victims is feasible and redirected to prosecution when public interest and deterrence predominate. Strengthened risk-based SOPs, targeted training, inclusive outreach, platform liaison, and victim-centered performance metrics are recommended to balance justice, certainty, and utility
Implementation of Source-Based Waste Segregation Based on Bali Governor Regulation Number 47 of 2019 in Siangan Village Putra, Anak Agung Gede Bagus Darma; Senastri, Ni Made Jaya; Rideng, I Wayan
Journal of Governance, Taxation and Auditing Vol. 4 No. 3 (2026): Journal of Governance, Taxation and Auditing (January - March 2026)
Publisher : PT Keberlanjutan Strategis Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38142/jogta.v4i3.1881

Abstract

The waste management issue in the Province of Bali led to the enactment of Governor Regulation of Bali Number 47 of 2019 concerning Source-Based Waste Management, which emphasizes waste segregation at the household level. This study aims to analyze the implementation of source-based waste segregation in Siangan Village, which has established a Reduce, Reuse, Recycle Waste Processing Facility (TPS3R), and to identify the inhibiting factors in its implementation. The research applies an empirical juridical method with statutory, conceptual, and socio-legal approaches. Data were collected through document studies and interviews with the Village Head, TPS3R management, and community members. The findings indicate that institutionally Siangan Village has provided adequate structural and infrastructural support, including the TPS3R facility, a scheduled collection system, and a legal basis through Village Regulation Number 7 of 2022. However, the effectiveness of implementation remains suboptimal due to systemic obstacles such as inconsistent supervision and limited human resources, as well as social constraints reflected in the lack of collective awareness and environmental legal culture. Therefore, optimizing implementation requires strengthening institutional governance and fostering sustainable community awareness.
The Existence of the Lex Certa Principle in the Construction of the Crime of Illicit Enrichment in the Criminal Law System of Timor-Leste Aderito Antonio Pinto Tilman; I Wayan Rideng; Ni Komang Arini Styawati
POLICY, LAW, NOTARY AND REGULATORY ISSUES Vol. 5 No. 1 (2026): JANUARY
Publisher : Transpublika Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55047/polri.v5i1.2146

Abstract

A core tenet of criminal law is the principle of legality, which dictates that no conduct is punishable without a pre-existing legal prohibition (nullum crimen, nulla poena sine lege). This concept, codified in Article 1(1) of the Timorese Penal Code, forms the bedrock of the nation’s legal framework, ensuring predictability in the law and the protection of fundamental human rights. With the ratification of the United Nations Convention Against Corruption/UNCAC 2003 by the Timor-Leste Government in 2009, and the National Parliament has criminalized Illicit Enrichment as a criminal act of corruption in its national law. However, in the formulation of illicit enrichment, there are norms that are unclear, vague and give rise to interpretation in law enforcement. The unclear formulation of the law, lex certa will create legal uncertainty for the community due to ambiguity. This study aims to analyze the existence of the lex certa principle in the theory of the principle of legality towards Illicit Enrichment, and how its implications in application, in order to build a strong legal system. Using a library research method, this study examines relevant legal, conceptual, and expert opinions. The results indicate that illicit enrichment cannot be implemented in Timor-Leste due to unclear, vague, and ambiguous formulations of the norm, as well as conflicts with the Timor-Leste Constitution. In conclusion, the study recommends clarifying and precisely defining illicit enrichment provisions to comply with the lex certa principle, ensuring legal certainty, effective enforcement, and alignment with constitutional norms.
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 Ni Ketut Sari Ardani; I Ketut Widia; I Wayan Rideng
Journal Equity of Law and Governance Vol. 1 No. 2
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/elg.1.2.3941.143-147

Abstract

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.
The Legal Pluralism in Law Education in Indonesia Rahmat Bin Mohamad; I Wayan Rideng
Sociological Jurisprudence Journal Vol. 4 No. 1 (2021)
Publisher : Fakultas Hukum, Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/scj.4.1.2635.1-5

Abstract

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.
Legal Certainty of Guarantor for the Existence of Foreign Investors in Indonesia I Made Rusdiko; I Ketut Widia; I Wayan Rideng
Jurnal Hukum Prasada Vol. 6 No. 2 (2019): Jurnal Hukum Prasada
Publisher : Magister of Law, Post Graduate Program, Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/jhp.6.2.2019.123-129

Abstract

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.
Effectiveness of Risk-Based Business Licensing Supervision in Layer Chicken Farming Business in Buleleng Regency A. A. Istri Agung Sita Pratiwi; Ni Made Jaya Senastri; I Wayan Rideng
Jurnal Hukum Prasada Vol. 12 No. 1 (2025): Jurnal Hukum Prasada
Publisher : Magister of Law, Post Graduate Program, Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/jhp.12.1.2025.79-89

Abstract

Law Number 6 of 2023 on Job Creation encourages ease of doing business through Risk-Based Business Licensing. Buleleng Regency is one of the regencies in Bali Province where the agricultural sector is quite developed. In this region, there are several business actors focusing on the laying hen farming business, which is dominated by micro-scale businesses. Micro-scale layer chicken farming in Buleleng Regency is classified as medium to low risk, with licensing consisting of NIB and Standard Certificate in the form of self-declaration. In micro businesses, the NIB has been integrated with environmental approval in the form of an Environmental Management and Monitoring Letter (SPPL). However, the automatic issuance of licenses through OSS without verification raises concerns about the implementation of environmental obligations in the SPPL. Given that Article 28H paragraph (1) of the 1945 Constitution of the Republic of Indonesia affirms that everyone has the right to a good and healthy environment, the fulfillment of environmental commitments is an aspect that cannot be ignored. This research aims to analyze the effectiveness of business licensing supervision in layer chicken farming businesses in Buleleng Regency. Using a juridical-empirical approach, it is found that weak supervision contributes to violations of environmental commitments and potential pollution. Therefore, it is necessary to strengthen the supervision mechanism and increase the legal awareness of business actors to improve the effectiveness of supervision.
Implementation of Detailed Spatial Planning in Business Licensing in The Singaraja Urban Area Desak Komang Sri Adnyani; I Wayan Rideng; Ni Komang Arini Styawati
Jurnal Hukum Prasada Vol. 12 No. 2 (2025): Jurnal Hukum Prasada
Publisher : Magister of Law, Post Graduate Program, Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/jhp.12.2.2025.90-103

Abstract

This study analyzes the implementation of a detailed spatial plan integrated with the business licensing system in the urban area of Singaraja, which is now run through the Online Single Submission Risk Based Approach (OSS RBA) system. The purpose of this study is to analyze the mechanism for implementing business licensing and examine the legal consequences for business actors who do not comply with the provisions of the RDTR. The method used is empirical legal research with a legislative, sociological, and analytical approach. Data were obtained through interviews, observations, and document studies at the Investment and One-Stop Integrated Service Office, the Public Works and Spatial Planning Office of Buleleng Regency and several business actors in the urban area of Singaraja. The results of the study show that normatively and administratively, the implementation of Buleleng Regent Regulation Number 5 of 2021 has increased licensing efficiency and service transparency. However, its implementation has not been fully effective, as seen from the ongoing violations of the RDTR, weak law enforcement, and incomplete integration of the RDTR with the KBLI in the Online Single Submission Risk Based Approach (OSS RBA). Violations of the provisions of the RDTR can result in legal consequences in the form of administrative sanctions. However, the sanctions have not been implemented effectively because they are still under review.
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.
Sanksi Pidana Penyalahgunaan Pengangkutan Bahan Bakar Bersubsidi I Dewa Gede Sastra Buwana; I Wayan Rideng; I Ketut Sukadana
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.1.2.2597.281-285

Abstract

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
Co-Authors A. A. Istri Agung Sita Pratiwi A.A.Rai Sita Laksmi Aderito Antonio Pinto Tilman Anak Agung Dian Susanti Anak Agung Gede Bagus Darma Putra Anak Agung Gede Oka Wisnumurti Ayu Putu Eka Susanti Dewi Bongon, Miel S. Budiartha , I N Putu Carlos M. Raymundo Demosthenes B. Vibandor Desak Gede Dwi Arini Desak Ketut Parwati Desak Ketut Parwati Desak Komang Sri Adnyani Diah Gayatri Sudibya Elisabeth Sanam Erawati, Ni Putu Tina Gede Putu Oka Brahma Adhi Gede Supriatna Gilbert Parulian Naibaho Gst Bgs. Udayana Hoesin, Zainal Arifin I Dewa Gede Dwitya Giri Arta I Dewa Gede Sastra Buwana I Gede Andi Iswarayana I Gusti Bagus Suryawan I Gusti Putu Ghosadhira Vedhastama I Kadek Betit Pranata Suma I Ketut Irianto I Ketut Kasta Arya Wijaya I Ketut Sukadana I Ketut Widia I Ketut Widia I Made Arjaya I Made Mardika I MADE MINGGU WIDYANTARA, I MADE MINGGU I Made Rusdiko I Made Suwitra I Nengah Sunaradana I Nym Gd Sugiartha I Nyoman Lemes I Nyoman Muliana I Nyoman Putu Budiartha I Nyoman Sumardika I Nyoman Surata I Putu Arta Setiawan I Putu Suastika I Wayan Kartika Jaya Utama I Wayan Werasmana Sancaya I Wayan Wesna Astara Ida Ayu Sintya Wulandari Ida Ayu Sintya Wulandari Ida Bagus Asrama Wibawa Ida Bhujangga Putri Vaisnava Johannes Ibrahim Kosasih Kadek Mahadewi Karma, Ni Made Sukaryati Ketut Sudadnyana Leovegildo V. Santelices Made Agus Rai Sanditya Wibawa Made Bagoes Wiranegara Wesna Made Setiasa Manuel, Julio Marantika, I Putu Mega Marcelo Roland C. Villafuerte Marta, I Dewa Gd Mahardika Miel S. Bongon Muliana, I Wayan Mutiara Devina Toshi Ni Gek Ayu Septi Nohanaa Ni Gek Ayu Septi Nohanaa Ni Ketut Sari Ardani Ni Ketut Sari Ardani Ni Komang Arini Setyawati Ni Komang Arini Setyawati Ni Luh Made Mahendrawati Ni Made Suastari Ni Made Wahyuni Ni Made Widiari Ni Nengah Seri Ekayani Ni Putu Helindra Ekayanti Nyoman Lemes Putera, Bagus Muhamad Salim Putra, Anak Agung Gede Bagus Darma Putu Ayu Devi Kardila Putu Ayu Sriasih Wesna Putu Suryani . Rahmat Bin Mohamad Raymundo, Carlos M. Reiro, Leonito Riberio, Leonito Romeo M. Sumayo Romeo O. Sumayo Salsabila, Unik Hanifah Senastri, Ni Made Jaya Sentelices, Leovigildo C. SETIAWAN, Armand Setyawati, Ni Komang Arini Simon Nahak Styawati, Ni Komang Arini Suastawan, Nyoman Adi Sugiartha, I Nyoman Gd Sugiartha, I Nyoman Gede Sujana, I Nyoman Suryani, Luh Putu Susanthi, I Gusti A.A. Dian Vibandor, Demosthenes B. Vibandor Villafuerte, Marcelo Roland C. Wayan Suarjana Widiati, Ida Ayu Widiati, Ida Ayu Putu Wirawan, I Nyoman Arta