Garuda - Garba Rujukan Digital

Urgency of Contract Model Settings in the Global Digital Market Related To Tourism Business: A Study on Consumer Protection and Electronic Information and Transactions Deli Bunga Saravistha; I Ketut Sukadana; Kadek Dedy Suryana
Budapest International Research and Critics Institute (BIRCI-Journal): Humanities and Social Sciences Vol 5, No 1 (2022): Budapest International Research and Critics Institute February
Publisher : Budapest International Research and Critics University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33258/birci.v5i1.4164

Globalization has now penetrated various sectors, including the Tourism Business Sector. One of the characteristics is the process of digitization in all fields, which in turn brings about changes in the implementation of the law. This paper will discuss the issue of optimizing consumer protection in the context of the emergence of new contract forms, namely standard digital contracts in the business world and the presence of a new cross-borderless market mechanism, known as the Digital Global Market or Marketplace. This research will formulate two issues related to how to regulate consumer protection policies for users of the global digital market platform services about dispute resolution? Then about how to model digital contract arrangements as an effort to optimize consumer protection? Where the writing uses a normative research method, either through the approach of legislation, cases, comparisons, and comparisons, which are presented descriptively, evaluatively, and presenting arguments that are expected to be able to contribute ideas for legal development in the world of tourism business.

Kebijakan G20 Sebagai Nafas Baru Bagi Lalu Lintas Devisa di Era Crossborderless Dalam Hukum Perdagangan Internasional Deli Bunga Saravistha; Gede Yoga Satrya Wibawa; I Nyoman Suandika; Kadek Dedy Suryana
KERTHA WICAKSANA Vol. 17 No. 1 (2023)
Publisher : Fakultas Hukum, Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/kw.17.1.2023.15-22

Dibentuk pada Tahun 1999 lalu yang membawa tujuan mulia dan bersahabat bagi antar negara anggota untuk mewujudkan stabilitas perekonomian internasional. G20 mengadakan KTT pertamanya pada November 2008 guna membahas krisis keuangan global yg merupakan dampak dari krisis keuangan di AS pada masa itu. Pertemuan rutin yang diadakan setiap tahun ini memiliki tuan rumah atau Presidensi yang ditentukan secara konsensus yang akan bergiliran setiap tahunnya. Tahun 2022 ini adalah kesempatan milik Indonesia. Negara-negara dalam G20 adalah negara yang punya peranan besar dalam perekonomian. Negara-negara dimaksud diantaranya adalah Argentina, Australia, Brazil, Kanada, Cina, Uni Eropa, Jerman, Prancis, India, Indonesia, Italia, Jepang, Meksiko, Rusia, Arab Saudi, Afrika Selatan, Korea Selatan, Turki, Britania Raya/Inggris, Amerika Serikat. Tujuan dalam penelitian ini adalah untuk mengetahui Bagaimanakah sistem lalu lintas devisa dan sistem nilai tukar di Indonesia dalam mendukung Indonesia menarik penanam modal asing. Metode penelitian ini adalah metode penelitian yuridis normatif yaitu dalam penelitian hukum ini, hukum dikonsepkan sebagai apa yang ditulis dalam peraturan perundang-undangan (law in books) atau hukum dikonsepkan sebagai kaidah atau norma yang merupakan patokan berperilaku manusia yang dianggap pantas. Berdasarkan hasil penelitian dahulu G20 telah membahas mengenai isu bangkitnya dari krisis global. Kini perkembangan dan kemajuan iptek telah membuat perubahan signifikan khususnya di jalur lalu lintas devisa. Telah tercipta dunia tanpa batas negara atau disebut sebagai dunia digital. Segala perubahan tentunya membawa pengaruh buruk dan baik sekaligus. Maka penting untuk mengkaji, meneliti dan menganalisis Optimalisasi model kebijakan yang seharusnya dibentuk dalam pertemuan ini agar sesuai dengan kebutuhan dan perkembangan masyarakat global dan mengkaji, meneliti dan menganalisis langkah preventif untuk dapat mencegah kerugian negara akibat adanya lalu lintas devisa yang crossborderless.

KEWENANGAN DEWAN KEHORMATAN PENYELENGGARA PEMILIHAN UMUM MENGADILI PENYALAHGUNAAN WEWENANG PENYELENGGARAAN PEMILU I Nyoman Sugiarta; I Nyoman Suandika; Kadek Dedy Suryana
Nusantara Hasana Journal Vol. 4 No. 2 (2024): Nusantara Hasana Journal, July 2024
Publisher : Yayasan Nusantara Hasana Berdikari

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59003/nhj.v4i2.1171

The purpose of this research is to analyze the authority to adjudicate abuse of authority, as well as to understand the practice of adjudicating complaints of abuse of authority by the Honorary Council of General Election Organizers. The method used in preparing this research is a juridical-normative approach, namely research that focuses or examines the application of legal norms or rules in positive law. Apart from that, juridical-normative research focuses on library materials and regulations used as basic materials for preparation. The results of this research are that the provisions on abuse of authority norms in Article 15 letter (d) of DKPP Regulation Number 2 of 2017 have absorbed the concept of abuse of authority in election administration law. From a theoretical perspective, the concept of abuse of authority is usually only limited to the perspective of legal actions/factual actions of government administration, so that it does not become an object of study in ethical assessments/trials. From the juridical aspect, the provisions of Article 15 letter (d) normatively conflict with Article 21 of the AP Law which states that the Court (Administration) has the authority to judge whether there are elements of abuse of authority, so that systematically assessing whether there are elements of abuse of authority is the domain of the State Administrative Court or Bawaslu which is a quasi judiciary in the field of election administration, as stated in Article 460 of the Election Law. Furthermore, the assessment of the actions and actions of election organizers who are deemed to have committed abuses of authority cannot be based on ethical standards, because authority is the core object of study in state administrative law. In other words, Article 15 letter (d) of DKPP Regulation Number 2 of 2017 must be deleted.

PENGATURAN LARANGAN PENGGUNAAN FASILITAS NEGARA DALAM PELAKSANAAN KAMPANYE POLITIK PEMILIHAN UMUM I Wayan Mahesa Juli Susanto; I Nyoman Suandika; Kadek Dedy Suryana
Nusantara Hasana Journal Vol. 4 No. 2 (2024): Nusantara Hasana Journal, July 2024
Publisher : Yayasan Nusantara Hasana Berdikari

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59003/nhj.v4i2.1172

Campaigning is a candidate's activity carried out to gain public sympathy by showing, offering and announcing a vision and mission aimed at occupying and leading a government. In carrying out political campaigns, there are rules and prohibitions for state and regional officials, namely the prohibition on using state facilities. It is difficult to separate the covert campaign to use state facilities from carrying out one's duties as an official or regional head. This issue certainly needs to receive serious attention, in order to create clean, honest and fair general elections. Therefore, the problem raised in this research is how to regulate the prohibition on the use of state facilities in campaign implementation based on election law regulations, and what are the legal consequences of using state facilities in campaign implementation based on election law regulations? This research uses normative legal research methods or library legal research methods, which are legal research methods carried out by examining library materials related to written legal norms (legislation) which aims to discover or obtain legal principles from positive law. written by the community. Based on the results of research that has been carried out, regulations prohibiting the use of state facilities in the implementation of political campaigns have been regulated in the provisions of Law Number 7 of 2017 concerning General Elections. The application of sanctions as a legal consequence of the use of state facilities in campaign implementation is based on general election law regulations, which consist of 2 (two) legal sanctions, namely administrative sanctions and criminal sanctions. It is necessary to make clearer and firmer regulations regarding all forms of fraud and violations in the general election and the public is expected to play an active role in participating in overcoming all kinds of fraud in the general election, one of which is violations in the use of state facilities in political campaigns as an effort to ensure that the general election can be held. proceed fairly.

KEWENANGAN BADAN KEHORMATAN DPD RI DALAM PENJATUHAN SANKSI PEMBERHENTIAN TETAP ANGGOTA DPD I Putu Yoga Palgunadi Putra; I Nyoman Suandika; Kadek Dedy Suryana
Nusantara Hasana Journal Vol. 4 No. 3 (2024): Nusantara Hasana Journal, August 2024
Publisher : Yayasan Nusantara Hasana Berdikari

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59003/nhj.v4i3.1203

Indonesia is a country that has several institutions and organizations that support the tasks of the government itself. The Legislative institution consists of three institutions, namely the MPR, DPR and DPD, which have different duties and authorities. The executive has the main task, namely implementing laws, while the judiciary has three institutions, namely the MK, MA and KY. The MPR is the holder of the highest power or the holder of people's sovereignty. This institution was created to provide duties and authority and to limit the power possessed by each institution. This limitation aims to simplify and better focus the responsible institutions on their assigned tasks. Each institution is obliged to carry out the tasks they receive and report the results of their work and be accountable to the Central Level or to those with more authority. If an institution does not carry out its duties well, it will be given strict sanctions such as dismissal. This research aims to describe the Authority of the DPD RI Honorary Board in Imposing Sanctions for Permanent Dismissal of DPD Members. The results of this research show that . BK DPD RI has the authority to follow up on the handling of alleged violations in question and based on Article 48 paragraph (1) and paragraph (2) of DPD RI Regulation No. 1 of 2021 concerning Procedures for the DPD RI Honorary Board. The recall concept that is most appropriate to apply to DPD members is constituent recall because they are individual candidates and are regional representatives.

TANTANGAN DAN PROSPEK IMPLEMENTASI E-GOVERMENT DALAM MENINGKATKAN KUALITAS PELAYANAN PUBLIK DI ERA DIGITAL Yefry Kapitan; Kadek Dedy Suryana; Kadek Mery Herawati
Nusantara Hasana Journal Vol. 4 No. 4 (2024): Nusantara Hasana Journal, September 2024
Publisher : Yayasan Nusantara Hasana Berdikari

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59003/nhj.v4i4.1224

The purpose of this research is to determine the process of challenges and prospects for implementing E-government in improving the quality of public services, as well as the inhibiting factors in implementing E-government in improving the quality of public services in the Legal Digital Era. The method used in preparing this research is a normative approach which is supported by empirical where this research approach uses a statutory approach and a Legal Concept Analysis approach. Where the nature of the research uses exploratory (exploratory) research. The results of this research are the elements of successful implementation of e-government through pro applications, which are assessed as good, namely the Capacity Element (resources) in Denpasar City Dukcapil, with the availability of human resources, namely operators who have been equipped with knowledge and skills from training conducted by the Department. Denpasar City Population and Civil Registration. Elements that have not been implemented well by the Denpasar City Dukcapil are; a. Support element, because seen from the willingness of the people of Denpasar City who still lack awareness of the importance of electronic-based service systems as evidenced by the lack of people accessing the Pro application, many people even stated that they were not aware of the existence of the Pro application; b. Value element (benefits) because some people have not felt the benefits of the Pro Application because after they have provided services using the Pro application in processing documents but are still told to come back to the office to complete the data. Inhibiting factors in implementing e-government through the pro application at the Denpasar City Dukcapil are; a. unstable network; b. People do not understand technology; c. Server error/full; d. People's mindset.

PELANGGARAN KODE ETIK OLEH HAKIM MAHKAMAH KONSTITUSI TERKAIT DENGAN PUTUSAN MAHKAMAH KONSTITUSI NOMOR 90/PUU-XXI/2023 Ignas Riez Bria; I Nyoman Suandika; Kadek Dedy Suryana
Nusantara Hasana Journal Vol. 4 No. 4 (2024): Nusantara Hasana Journal, September 2024
Publisher : Yayasan Nusantara Hasana Berdikari

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59003/nhj.v4i4.1227

Judges who act as executors and spearheads of justice and interact with the public are expected to have high professionalism in considering and making legal decisions in a case. In carrying out their duties, a judge is required to comply with the applicable code of ethics. When a judge violates the professional code of ethics, he will be given sanctions according to the violation he has committed. The case of violating the code of ethics that recently occurred was the case regarding Anwar Usman as Chairman of the Constitutional Court who was proven to have violated the professional code of ethics for judges in relation to Decision Number 90/PUU-XXI/2023. The aim of this research is to find out the accountability of a judge who has violated the professional code of ethics and to know the role of the Honorary Council of the Constitutional Court in handling cases of violations of the code of ethics committed by constitutional judges. This research uses a normative juridical method by referring to legal norms contained in statutory regulations as well as legal norms that exist in society. An approach that refers to applicable laws and regulations including principles, principles and doctrine. Judges who violate the code of ethics can impose three types of sanctions taking intoaccount the background, level of seriousness and consequences of the violation. The Honorary Council of the Constitutional Court is an instrument formed by the Constitutional Court with the aim of maintaining and upholding honor, nobility and dignity. The authority possessed by the Honorary Council of the Constitutional Court includes maintaining the dignity and honor of the Constitutional Court, examining and deciding on allegations of violations of the code of ethics and behavior of constitutional judges. The trial led by Jimly Asshiddiqie as Chair of the Honorary Council of the Constitutional Court (MKMK) through the Decision of the Honorary Council of the Constitutional Court Number 02/MKMK/L/11/2923 stated that Anwar Usman in this case had been proven to have violated the code of professional ethics and behavior of judges. For this reason, Anwar Usman was dismissed from his position as Chairman of the Constitutional Court.

PERLINDUNGAN HUKUM TERHADAP PEREMPUAN AKIBAT PERKAWINAN YANG DIBATALKAN I Nyoman Wirayusa; A.A Gde Putra Arjawa; Kadek Dedy Suryana
Nusantara Hasana Journal Vol. 4 No. 4 (2024): Nusantara Hasana Journal, September 2024
Publisher : Yayasan Nusantara Hasana Berdikari

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59003/nhj.v4i4.1229

Marriage is a physical and spiritual bond between a man and a woman as husband and wife with the aim of forming a happy and eternal family based on the belief in the Almighty God. The implementation of marriage must be based on feelings of affection and love, so both agree to determine a potential life partner to move up to a more sacred level, namely marriage. Therefore, marriage must fulfill the requirements and pillars of marriage determined by religion. The main issues that will be discussed are 1. How do you carry out a legal marriage according to the Marriage Law? 2. What is the legal protection for women whose marriages are annulled? The type of research carried out is normative research which is supported by a statutory approach, normative analysis which shows that the validity of marriage is based on legal principles, applicable legal norms, while the research analysis is conceptual which concerns the concept of marriage. Based on the results of the discussion, a marriage must be carried out according to religious law and then registered at the civil registry office, as regulated in Article 2 paragraphs (1) and (2) of the Marriage Law. In reality, it is religion that has an important role in proving whether a marriage is valid or not, because religion has sacred power which we will then be accountable for before God Almighty, after it is valid according to religious law then it will be registered at the civil registry office. Legal protection for women whose marriages are annulled, the woman can file a lawsuit with the religious court to obtain material or formal rights over the annulment of a marriage.

PERLINDUNGAN HUKUM TERHADAP KORBAN PENYALAHGUNAAN NARKOTIKA BERDASARKAN UNDANG-UNDANG NARKOTIKA DI LEMBAGA PEMASYARAKATAN KEROBOKAN Kadek Wisnu Permana Putra; A.A Gde Putra Arjawa; Kadek Dedy Suryana
Nusantara Hasana Journal Vol. 4 No. 4 (2024): Nusantara Hasana Journal, September 2024
Publisher : Yayasan Nusantara Hasana Berdikari

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59003/nhj.v4i4.1230

The increase in narcotics crimes is caused by various factors, one of which is weak supervision of narcotics distribution, light sentences imposed by law, so that narcotics users and dealers do not feel deterred. Likewise, we often know that at the Kerobokan Penitentiary, where inmates, especially narcotics criminals, are serving sentences, where they can carry out narcotics transactions from behind bars, this shows how weak supervision is by the Kerobokan Penitentiary (LP). The formulation of the problem raised is 1. What is the policy formulation for psychotropic crime? 2. What is the legal protection for victims of psychotropic crime? This research uses a normative juridical approach, meaning that the approach to the relevant laws and regulations is contextualized with the reality on the ground. Sources of legal material for this research are literature from books and literature and the opinions of scholars related to the issues discussed. The formulation policy for psychotropic crimes in Law no. 35 of 2009 is the policy of the legislators in formulating the subjects of psychotropic crimes (which can be punished), namely in the form of individuals, corporations and special subjects, namely heads of hospitals, doctors, health centers, medical centers and heads of drug factories. As well as the policy of formulating acts which are declared as psychotropic criminal acts including acts which are declared as psychotropic criminal acts which include acts without the right to produce, own and distribute psychotropic substances in Law no. 35 of 2009, and legal protection for victims of psychotropic crimes is very necessary, apart from being subject to sanctions, rehabilitation and supervision are carried out, so that victims can be protected and return to the right path, not in conflict with norms, the state and religion.

PENGUSULAN PASANGAN CALON PRESIDEN DAN WAKIL PRESIDEN SEBAGAI PESERTA PEMILU MENURUT UNDANG-UNDANG PEMILIHAN PRESIDEN Kadek Nanda Pratyahara; Kadek Dedy Suryana; Kadek Merry Herawati
Nusantara Hasana Journal Vol. 4 No. 4 (2024): Nusantara Hasana Journal, September 2024
Publisher : Yayasan Nusantara Hasana Berdikari

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59003/nhj.v4i4.1231

The presidential and vice-presidential elections in Indonesia are vital for the country's democratic process, impacting political stability and leadership selection. Regulated by Republic of Indonesia Law Number 42 of 2008, these elections transitioned from being decided by the People's Consultative Assembly (MPR) to direct public elections following the 1945 Constitution amendment. This shift has introduced challenges, particularly concerning political support requirements and independent candidate treatment. This research employs a combination of normative juridical and empirical methods, including legislative review, literature analysis, and interviews with key informants. The study uses a legislative and conceptual approach, drawing on primary, secondary, and tertiary legal materials. It investigates the role of the General Elections Commission (KPU) and law enforcement in addressing election violations such as money politics, using Election Case Decision Number 42/Pid.Sus/2019/PN LBO as a case study. Findings reveal difficulties in verifying political support and managing independent candidates, highlighting the need for legal and procedural improvements. To enhance electoral integrity and inclusivity, the research suggests reforms in the legal framework and election administration. These adjustments are crucial for achieving a more democratic and effective electoral process in Indonesia.

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