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BERBAGI PENGALAMAN MENGAJAR SAAT PANDEMI COVID-19 DENGAN PARA GURU SEKOLAH DASAR DI DESA SINGAPADU KALER SUKAWATI GIANYAR Anak Agung Gede Duwira Hadi Santosa; Made Suksma Prijandhini Devi Salain; Anak Agung Sri Utari; I Gde Putra Ariana; Made Maharta Yasa
Jurnal Pengabdian Kepada Masyarakat Media Ganesha Vol 2 No 2 (2021): November, Jurnal Pengabdian Kepada Masyarakat Media Ganesha FHIS
Publisher : Fakultas Hukum dan Ilmu Sosial Universitas Pendidikan Ganesha Singaraja

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The purpose of this service is to share experiences regarding online learning strategies to increase motivation and activeness of elementary school students, and to share experiences about online learning media and how to use them in supporting teaching and learning activities for elementary school students. The online learning system tend to reduce the motivation and activity of elementary school students, and make students become lazy to study. To overcome this situation, it is necessary to modify the learning strategies by teachers. Online learning carried out by several elementary schools in Singapadu Kaler village encountered several technical and non-technical obstacles, namely facility resources which is learning media that were too complicated, making it difficult for teachers and parents of students, as well as human resources obstacle, namely teachers who were less proficient in the use of online learning media and busy parents which resulting in limited devices that can be used by their children. This service uses the methods such as delivering online teaching experiences by members of the International Law Department, Faculty of Law, Udayana University, as well as questions and answers to obtain results and solutions as a form of solving problems and obstacles faced by teachers in conducting online learning during the Covid-19 pandemic.

Principles of Selective Immigration Policy in Relation to Visa Free Entry for Tourism Purposes Anak Agung Gede Duwira Hadi Santosa; I Made Marta Wijaya; Ni Luh Dewi Sundariwati
Jurnal Ilmiah Kebijakan Hukum Vol 16, No 2 (2022): July Edition
Publisher : Law and Human Rights Research and Development Agency

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30641/kebijakan.2022.V16.235-252

Tourism has an important role in enhancing the economic growth of a country. As a country with growing tourism industry, Indonesia is trying to increase foreign tourist visits by rolling out a visa-free policy. However, the visa-free policy has not yet fully provided benefits. In practice, this policy triggers the occurrence of transnational and international crimes, the rise of illegal foreign workers and the large number of foreigners who abuse their residence permits. The purpose of this research is to analyze the visa-free policy from the perspective of selective policy theory. The research method is normative legal research with a statutory approach and a conceptual approach. The results of the study show that the visa-free policy as contained in Presidential Regulation Number 21 of 2016 is not fully based on the theory of selective policy. In conclusion, the visa-free policy cannot be implemented optimally because the formulation of this policy does not represent the theory of selective policy. Consequently, the implementation of visa-free policy generates various matters that have an adverse impact on Indonesia. In order to overcome this problem, it is urgent to evaluate and improve the visa-free policy and to make this policy truly based on the theory of selective policy. Thus, the visa-free policy will be very selective in choosing and determining countries that can receive a visa-free policy.

The Problems and Forthcoming Ideal Concepts of Employment Social Security: An Indonesia’s Perspective as a Welfare State Nyoman Satyayudha Dananjaya; Anak Agung Gede Duwira Hadi Santosa; Kadek Agus Sudiarawan; Made Dwita Martha
Jurnal IUS Kajian Hukum dan Keadilan Vol 10, No 3: December 2022 : Jurnal IUS Kajian Hukum dan Keadilan
Publisher : Fakultas Hukum Universitas Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29303/ius.v10i3.1068

The Procedures and Requirements for Payment of Old Age Security stated that the benefits of Old Age Security at the Institution of Social Security Employment can only be taken when workers enter retirement or at the age of 56 years, which elicits opposition reactions from various parties. The focus of this research was conducted to examine and criticize whether the Old Age Security (OAS) and Job Loss Guarantee (JLG) policies for workers who have been terminated have reflected the conception of an Indonesian welfare state that is socially just for all Indonesians, as well as to find out how the future concept (Ius Constituendum) of OAS and JLG for workers reflects the welfare state for social justice. A statutory and conceptual approach are used to support the type of normative legal research in this research. The results of the study indicate that the OAS and JLG policies have not described the concept of an Indonesian welfare state with social justice. To describe the OAS and JLG policies that reflect the welfare state, future policies must still provide convenience for workers to receive OAS benefits and continue to carry out OAS benefits.

Towards Quality and Sustainable Tourism in Bali: Should the Regional Master Plan be Adjusted? I Dewa Gede Palguna; Anak Agung Gede Duwira Hadi Santosa; Made Maharta Yasa; I Gede Pasek Pramana
Udayana Journal of Law and Culture Vol 7 No 1 (2023)
Publisher : Faculty of law Udayana University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24843/UJLC.2023.v07.i01.p03

Bali is the area in Indonesia that is most affected economically due to the paralysis of the tourism industry during the Covid-19 Pandemic. Consequently, tourism development programs designed by the government faced many obstacles in their implementation. This article discusses how the concept of quality and sustainable tourism are incorporated into the Tourism Master Plan of the Bali Province 2015-2029. Further, it evaluates the implementation of the master plan during the Covid-19 Pandemic. This writing is designed based on legal research that applies a policy-oriented approach. The research collected and analyzed primary sources in the form of law, regulation, and policy at the national and regional levels, as well as secondary sources that are available in textbooks, journal articles, and website content. A series of qualitative interviews and a focus group discussion were conducted to deepen understanding of legal and non-legal matters. This article suggested that even though the concept of quality and sustainable tourism has been incorporated into the aforementioned master plan, the document implies a contradiction between the vision that desires to apply the concept and the goals and objectives which tend to support quantity tourism. The qualitative evaluation indicated that the master plan could not be appropriately implemented and requires an adjustment to bring in again the vision into the implementing policy adopted by the provincial government.

The Concept of Land Bank Agency: Between Public or Bussiness Functions? Anak Agung Gede Duwira Hadi Santosa; I Made Marta Wijaya; Ni Luh Dewi Sundariwati; Made Dwita Martha
Varia Justicia Vol 18 No 2 (2022): Vol 18 No 2 (2022)
Publisher : Fakultas Hukum Universitas Muhammadiyah Magelang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31603/variajusticia.v18i2.6619

The concept of a Land Bank entity in the Job Creation Act and its derivative regulations reflects the contradictory dualism of the functions of the Land Bank agency. On the one hand, the Land Bank agency was formed to carry out public functions, but on the other hand, the Land Bank could carry out business activities. The existence of this dualism results in ambiguity and imbalance in the functions of the Land Bank agency. This research aims to examine the concept of a Land Bank entity as contained in the Job Creation Law and its derivative rules and to provide an overview of the model of a Land Bank entity in the future that can balance the implementation of public and business functions. The research used normative legal research supported by the statutory approach and a conceptual approach. The results show that the concept of a Land Bank agency in the Job Creation Law and its derivative rules still reflects the dualism of contradictory functions of the Land Bank agency, namely as executor of public functions and as executor of business activities. It is necessary to revamp the concept of the Land Bank agency to avoid conflicts of interest between public and private scope, by dividing the Land Bank entity into two types, which is the Land Bank entity in the form of public legal entity and/or private legal entity.

Pengambilalihan Agunan Kredit Macet oleh Bank Perkreditan Rakyat Ida Ayu Padma Trisna Dewi; Anak Agung Gede Duwira Hadi Santosa
Jurnal Magister Hukum Udayana (Udayana Master Law Journal) Vol 12 No 1 (2023)
Publisher : University of Udayana

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24843/JMHU.2023.v12.i01.p08

This paper aims to provide the understanding and knowledge of the takeover of an non performing loan collaterals by Rural Banks through auctions after the Constitutional Court Decision Number 102/PPU-XVIII/2020. This paper uses a normative legal research type and examines the arrangements for conducting auctions and taking over bad credit collateral by BPR after the Constitutional Court's decision Number 102/PUU-XVIII/2020 using the Statue Approach and the Conceptual Approach. The results of this study conclude that the submission of a judicial review of Article 12A paragraph (1) of the Banking Law by PT. BPR Lestari Bali is inseparable fromithe existence of the "Commercial Bank" clause in that article is considered to be in conflict with several provisions ofothe article in the Constitution of the Republic of Indonesia and is discriminatory towards the rights of Rural Banks to participate as auction buyers for non performing loan collaterals. The submission of a judicial review by PT. BPR Lestari Bali provides and then provides convenience in providing legal certainty for the takeover of bad credit collateral through auctions or outside auctions for BPR, in which this decision then states that the phrase "Commercial Banks" in Article 12A paragraph (1) of the Banking Law has no binding legal force as long as is not interpreted as "Commercial Banks and Rural Banks" so that BPR can then participate in buying part or all of the collateral for debtors who do not fulfill their obligations either through auction or outside the auction. Tulisan ini bertujuan untuk memberikan pemahaman serta pengetahuan terhadap pengambilalihan agunan kredit macet oleh Bank Perkreditan Rakyat melalui lelang pasca putusan Mahkamah Konstitusi Nomor 102/PPU-XVIII/2020. Tulisan ini menggunakan jenis penelitian hukum normative dan mengkaji pengaturan pelaksanaan lelang serta pengambilalihan agunan kredit macet oleh BPR pasca putusan MK Nomor 102/PUU-XVIII/2020 dengan menggunakan pendekatan Peraturan Perundang-Undangan (Statute Approach) dan Pendekatan Konseptual. Hasil dari penelitian ini menyimpulkan bahwa pengajuan judicial review terhadap pasal 12A ayat (1) Undang-Undang Perbankan oleh PT. BPR Lestari Bali ini tidaklah terlepas dari pandangan bahwa keberadaan klausula “Bank Umum” dalam pasal ini dianggap mengalami pertentangan dengan beberapa ketentuan pasal dalam Undang-Undang Dasar Negara Republik Indonesia dan bersifat diskriminatif terhadap hak Bank Perkreditan Rakyat untuk turut serta menjadi pembeli lelang terhadap kredit debitur yang mengalami macet. Pengajuan judicial review yang dilakukan oleh PT. BPR Lestari Bali kemudian memberikan kemudahan dalam pemberian kepastian hukum pengambialihan agunan kredit macet melalui lelang maupun diluar pelelangan bagi BPR, yang mana putusan ini kemudian menyatakan bahwa frasa “Bank Umum” dalam Pasal 12A ayat (1) UU Perbankan tidak mempunyai kekuatan hukum mengikat sepanjang tidak dimaknai sebagai “Bank Umum dan Bank Perkreditan Rakyat” sehingga BPR kemudian dapat turut serta membeli sebagian atau seluruh agunan debiturnya yang tidak melakukan kewajiban baik melalui lelang maupun diluar lelang.

PELAKSANAAN SELEKSI PENERIMAAN ANGGOTA POLRI DI POLRES GIANYAR DITINJAU DARI PERSPEKTIF GOOD GOVERNANCE I Gusti Ngurah Bagus Krisna Vijaya; Anak Agung Gede Duwira Hadi Santosa
Kertha Negara : Journal Ilmu Hukum Vol 11 No 5 (2023)
Publisher : Kertha Negara : Journal Ilmu Hukum

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ABSTRAK Penelitian ini bertujuan untuk mengetahui bagaimana proses seleksi polri di wilayah Kepolisian Resort Gianyar. Dan apakah selama proses seleksi sudah selaras pada prinsip â€“ prinsip good governance guna menghasilkan sumber daya manusia (SDM) kepolisian yang menjalankan fungsi manjerial. Metode penelitian yang digunakan dalam penelitian ini adalah metode deskriptif dengan pendekatan kualitatif yang berorientasi pada fenomena naturalistik atau alam, yang bertujuan untuk memahami masalah manusia dan sosial. Pelaksanaan penerimaan Polri Tahun 2022 di Polres Gianyar dilihat dari indikator transparansi, pelaksanaan prosedur penerimaan ujian masuk kepolisian memenuhi aspek transparansi dari awal hingga akhir, dilihat dari indikator akuntabilitas; pelaksanan penerimaan Polri secara general sudah memenuhi aspek yang selaras dengan prinsip good governance. Kata Kunci : implementasi, good governance, kepolisian ABSTRACT This study aims to find out how the selection process for non-commissioned officers in the Gianyar Resort Police area. And whether during the selection process it has been aligned with the principles of good governance in order to produce human resources (HR) of the police who carry out managerial functions. The research method used in this study is a descriptive method with a qualitative approach oriented to naturalistic or natural phenomena, aimed at understanding human and social problems. The implementation of the 2022 police brigadier acceptance at the Gianyar Police Station, seen from the transparency indicators for the implementation of the police brigadier admission test stage process from beginning to end, has met the transparency aspect and when viewed from the accountability indicators for the implementation of the acceptance of the Police Brigadier in general has met aspects that are in line with the principles of good governance. Keywords : implementation, good governance, police

The Problems and Forthcoming Ideal Concepts of Employment Social Security: An Indonesia's Perspective as a Welfare State Dananjaya, Nyoman Satyayudha; Santosa, Anak Agung Gede Duwira Hadi; Sudiarawan, Kadek Agus; Martha, Made Dwita
Jurnal IUS Kajian Hukum dan Keadilan Vol. 10 No. 3: December 2022 : Jurnal IUS Kajian Hukum dan Keadilan
Publisher : Magister of Law, Faculty of Law, University of Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29303/ius.v10i3.1068

The Procedures and Requirements for Payment of Old Age Security stated that the benefits of Old Age Security at the Institution of Social Security Employment can only be taken when workers enter retirement or at the age of 56 years, which elicits opposition reactions from various parties. The focus of this research was conducted to examine and criticize whether the Old Age Security (OAS) and Job Loss Guarantee (JLG) policies for workers who have been terminated have reflected the conception of an Indonesian welfare state that is socially just for all Indonesians, as well as to find out how the future concept (Ius Constituendum) of OAS and JLG for workers reflects the welfare state for social justice. A statutory and conceptual approach are used to support the type of normative legal research in this research. The results of the study indicate that the OAS and JLG policies have not described the concept of an Indonesian welfare state with social justice. To describe the OAS and JLG policies that reflect the welfare state, future policies must still provide convenience for workers to receive OAS benefits and continue to carry out OAS benefits.

THE BALANCE OF LEGAL CERTAINTY AND UTILITY IN BALI’S ALCOHOL REGULATION Santosa, Anak Agung Gede Duwira Hadi; Wijaya, I Made Marta
Cepalo Vol 8 No 2 (2024)
Publisher : Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/cepalo.v8no2.3551

Traditional alcoholic beverages hold a significant place in the culture of Indonesia, embodying the nation's rich heritage and diverse local wisdom. However, the regulation of these beverages presents critical concerns regarding public health and societal impact. This study critically examines how the principles of legal certainty and utility are reflected in Bali Governor Regulation Number 1 of 2020 (“Bali’s Alcohol Regulation”). The primary objective of this research is to analyze and evaluate the embodiment of these values within the regulation. Employing a normative legal research methodology, the study scrutinizes the regulation alongside the hierarchy of laws governing it. The findings reveal notable inconsistencies between Bali’s Alcohol Regulation and the definitions of traditional alcoholic beverages established in higher legislative frameworks, raising pertinent questions about the balance between legal certainty and the practical benefits offered by the regulation. Furthermore, the analysis indicates that the regulation fails to uphold several legal principles, leading to ambiguity in its enforcement. From a utility perspective, the regulation does not yield substantial benefits for artisans, producers, distributors, sellers, buyers, or the broader community. Consequently, it falls short of meeting adequate utility standards, underscoring the necessity for revision and enhancement to better accommodate the interests of all stakeholders involved in the traditional alcoholic beverage sector in Bali.

Juridical Review of the Assembly’s Recommendation Required for Civil Suit Administration from the Human Rights Perspective Dody Novizar Mardyansyah; Anak Agung Gede Duwira Hadi Santosa
Journal of Law, Politic and Humanities Vol. 5 No. 4 (2025): (JLPH) Journal of Law, Politic and Humanities
Publisher : Dinasti Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jlph.v5i4.1548

The enactment of the health law in 2023 will have a fundamental impact on the development of health law, in which the Article 308 (2) implies for the civil liability, with the rules that patients who are harmed are required to request a letter of recommendation from the assembly. Meanwhile, Human Rights Law No: 39 of 1999 clearly stated that those who feel that their interests have been harmed can directly file a civil claim/lawsuit to a court institution. Thus, there is a conflict of norms between the two laws and regulations which has an impact in the legal uncertainty. For that reason an in-depth analysis of the issue was carried out. Axiologically this research was conducted aiming for finding out the essence of the recommendation letter issued by the assembly. This research uses doctrinal research methods. The research results show that the requirement to request a letter of recommendation from the assembly as a condition for submitting civil legal action is a contradiction to the principles of basic rights (HAM) as mentioned in Law 39 of 1999

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