I Made Marta Wijaya
RAH (The House of Legal Experts)

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Reforming the Tourism Promotion Board for an Effective Tourism Promotion in Indonesia: A Legal Perspective Anak Agung Gede Duwira Hadi Santosa; Putu Devi Yustitia Utami; I Made Marta Wijaya
IKAT: The Indonesian Journal of Southeast Asian Studies Vol 5, No 1 (2021): July
Publisher : Center for Southeast Asian Social Studies (CESASS)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22146/ikat.v5i1.64562

Abstract

The Indonesia/Regional Tourism Promotion Board (or I/RTPB) is an agency having duties to assist the development of the tourism sector. Since its establishment, it has not been able to play an optimal role in performing its duties and responsibilities. The purpose of this study is to find out and understand the institutional arrangements for the I/RTPB in the current legislation and to find out and formulate the ideal form of the I/RTPB in accelerating its functions especially for the recovery of the tourism sector in the post-pandemic context. This article uses a doctrinal research method with a statutory approach. The study shows the problem of the provisions on the I/RTPB in the Tourism Law in Chapter X from Article 36 to Article 49. To properly function for the economic recovery after the pandemic, there is a need to restructure the I/RTPB as an independent body with a mandate in the field of tourism promotion. 
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

Abstract

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 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

Abstract

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.