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All Journal International Journal of Electrical and Computer Engineering Kertha Negara : Journal Ilmu Hukum JURNAL MAGISTER HUKUM UDAYANA LAW REFORM FIAT JUSTISIA: Jurnal Ilmu Hukum Jurnal IUS (Kajian Hukum dan Keadilan) PADJADJARAN Jurnal Ilmu Hukum (Journal of Law) Jurnal Konstitusi Constitutional Review Widya Yuridika Amsir Law Jurnal (ALJ) International Journal of Business, Law, and Education International Journal of Educational Research and Social Sciences (IJERSC) Iqtishaduna : Jurnal Ilmiah Mahasiswa Hukum Ekonomi Syariah Jurnal Konstitusi East Asian Journal of Multidisciplinary Research (EAJMR) Journal of Sustainable Development Science Legal Protection for the Partnership Agreement Parties Yuris: Journal of Court and Justice West Science Interdisciplinary Studies West Science Interdisciplinary Studies SCLS Jurnal As-Syar’i: Jurnal Bimbingan & Konseling Keluarga Jurnal Legislasi Indonesia Acta Comitas : Jurnal Hukum Kenotariatan
I Gede Yusa
Fakultas Hukum Universitas Udayana
Religion Agriculture, Biological Sciences & Forestry Arts Humanities Computer Science & IT Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Education Electrical & Electronics Engineering Engineering Environmental Science Industrial & Manufacturing Engineering Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Neuroscience Social Sciences Other

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Rekonstruksi Hak Waris Anak Luar Kawin di Bali menurut Hukum Nasional dan Adat I Kadek Kharisna Gamentra; I Gede Yusa
As-Syar i: Jurnal Bimbingan & Konseling Keluarga  Vol. 7 No. 2 (2025): As-Syar’i: Jurnal Bimbingan & Konseling Keluarga
Publisher : Institut Agama Islam Nasional Laa Roiba Bogor

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47467/as.v7i2.9162

Abstract

                The reconstruction of inheritance rights for out-of-wedlock children in Bali is a significant issue in the dynamic relationship between customary law and national law. In the Balinese customary kinship system, out-of-wedlock children are legally recognized only in relation to their biological mother and have no inheritance rights from their biological father or the father’s relatives. However, following Constitutional Court Decision No. 46/PUU-VIII/2010, there is now an opportunity for out-of-wedlock children to obtain inheritance rights from their biological father if a blood relationship can be scientifically proven. This research applies normative legal methods with statutory and conceptual approaches, examining primary sources from journals and legal research published in the last ten years. The results show that although national law has begun to recognize inheritance rights for out-of-wedlock children, implementation in Balinese customary society still faces challenges, particularly in harmonizing customary values with national legal provisions.
REFORMULATION OF INDONESIAN HOUSE OF REPRESENTATIVES TERM PERIOD RULES TO REALIZE LEGAL CERTAINTY AND JUSTICE Banuoka, I Gede Adhi Maha Krisna; Yusa, I Gede
YURIS: Journal of Court and Justice Vol. 4 Issue 3 (2025)
Publisher : jfpublisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56943/jcj.v4i3.817

Abstract

The purpose of this paper is to examine and analyze the legal regulations regarding the term of office of the Indonesian House of Representatives and to examine and analyze the reformulation of the rules regarding the term of office of the Indonesian House of Representatives in realizing justice and legal certainty. This research is expected to provide benefits in the form of a legal understanding of the importance of clear regulations related to the limitation of the term of office of the House of Representatives and to contribute ideas in the field of Legal Science. The ambiguity of norms underlies this paper using normative legal research methods through a statutory approach and a comparative approach analyzed using descriptive, argumentative, and evaluative techniques. The results of the study indicate that Article 76 paragraph (4) of the MD3 Law stipulates that “The term of office of DPR members is 5 (five) years and ends when the new DPR members take the oath/promise.” From this article, it can be interpreted that although the term of office of the DPR has been clearly regulated for 5 years, the limit on how many times a person can be elected to the DPR is not expressly regulated so that it is necessaryReformulated to be “The term of office of DPR members is 5 (five) years and ends when the new DPR member takes the oath/promise and is only for two terms of office.” Or further regulated in paragraph (5) that “Each DPR member is limited to 2 terms of office.”In order to provide legal certainty, there are term limits for all high state institutions, thereby guaranteeing justice in fulfilling the constitutional rights of the people as a democratic nation.
Disharmony in the Regulation of Patent License Contract Clauses in Joint Venture Companies in Indonesia Sagita, I Kadek Yoga Ary; Yusa, I Gede
International Journal of Business, Law, and Education Vol. 6 No. 2 (2025): International Journal of Business, Law, and Education
Publisher : IJBLE Scientific Publications Community Inc.

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56442/ijble.v6i2.1252

Abstract

Patent license agreements in joint venture companies serve as strategic instruments for technology transfer; however, their regulation in Indonesia continues to face disharmony across different legal frameworks. Law Number 13 of 2016 on Patents grants flexibility through the principle of freedom of contract, yet several restrictive clauses—such as grant-back clauses, excessive exclusivity, export prohibitions, and bans on reverse engineering—potentially conflict with Law Number 5 of 1999 on the Prohibition of Monopolistic Practices and Unfair Business Competition, the Indonesian Civil Code, as well as Law Number 24 of 2009 on the National Flag, Language, and State Symbols. This situation creates an imbalance of bargaining positions, weakens legal protection for licensees, and hampers the fundamental objective of joint ventures, namely sustainable technology transfer. A normative legal research approach employing statutory, conceptual, and case analysis demonstrates that the absence of synchronization across legal regimes leads to legal uncertainty, provides opportunities for abuse of dominant positions, and generates potential disputes before both the courts and the Indonesian Competition Commission (KPPU). Therefore, a more comprehensive regulation of patent license contract clauses, along with harmonization across statutory provisions, is required to ensure legal certainty and to strengthen the role of joint ventures in advancing national technological capacity.
Reconstruction of Ratification of Notarial Deeds as Authentic Deeds in the Case of Indigenous People Kumala, Ida Ayu Ratna; Yusa, I Gede; Marwanto, Marwanto; Jayantiari, I Gusti Agung Mas Rwa
East Asian Journal of Multidisciplinary Research Vol. 3 No. 8 (2024): August 2024
Publisher : PT FORMOSA CENDEKIA GLOBAL

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55927/eajmr.v3i8.10363

Abstract

This research uses normative research methods with a statute approach, historical approach, and conceptual approach.  This research aims to find out, examine, and analyze the urgency of legal protection for persons with disabilities against authentic deeds made before a Notary and also to examine and determine the validity of notarial deeds made by persons with disabilities through alternative relevant attestation procedures. The result of this research is that the reconstruction model for the validation of an authentic deed made before a notary for a disabled person follows the provisions of Article 44 of the UUJNP, but this provision must be accompanied or accompanied by at least 2 (two) witnesses who will later make a certificate of testimony (Affidavit) before the notary that he witnessed the disabled person had made the deed before the notary concerned. In essence, the reconstruction of authentic deed attestation is needed to realize the purpose of the law it self, in the form of certainty, justice, and expediency.
Legal Dynamics of Age Limits for Presidential and Vice Presidential Candidates Based on Article 169 Letter Q of Law Number 7 of 2017 Concerning General Elections Otni Magho, Alpian; Yusa, I Gede; Astariyani, Ni Luh Gede
West Science Interdisciplinary Studies Vol. 2 No. 12 (2024): West Science Interdisciplinary Studies
Publisher : Westscience Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58812/wsis.v2i12.1478

Abstract

Justice, non-discrimination, equality before the law are important values of the constitution. This study seeks to examine the constitutional rights of the younger generation that were cut by the framers of the law through the age requirement in the electoral law for presidential and vice presidential candidates. The research method used is a normative legal research method with qualitative methods. The age requirement no longer needs to be regulated in the Election Law because it is not in line and is not expressly regulated by the 1945 Constitution. If it is still regulated, the age requirement used must be 18 years, in accordance with the adult size applicable in Indonesia, as a consequence providing opportunities for the younger generation to participate in politics and government, and realize a more inclusive democracy. Factors influencing the setting of age requirements for presidential and vice presidential candidates are the history of national leadership, maintaining the status quo, and senior-junior practices. Therefore, Article 169 letter Q of the Election Law must be revised/deleted.
Legal Hermeneutics in Reforming Preparation of Village Regulation: Case of Indonesia and Timor Leste Astariyani, Ni Luh Gede; Yusa, I Gede; Hermanto, Bagus; da Cruz, Rosino
Al-Risalah Vol 25 No 1 (2025): June 2025
Publisher : Fakultas Syariah UIN Sulthan Thaha Saifuddin Jambi, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30631/alrisalah.v25i1.1754

Abstract

This study explores the formation and challenges of Village Regulations in three regions: Tabanan, Badung, and Denpasar. It addresses two core objectives: identifying the dynamics of village-level legislation and examining the application of legal hermeneutics in interpreting such regulations. The research combines normative and empirical legal methods, employing a qualitative descriptive analysis through the Statute, Conceptual, and Analytical approaches. The findings reveal persistent issues in the drafting process, particularly inconsistencies with the Ministry of Home Affairs Regulation No. 111 of 2014. These challenges stem from both technical and interpretive shortcomings. The study further emphasizes the importance of hermeneutical interpretation in maintaining normative consistency and avoiding conflicting legal provisions. Additionally, a comparative perspective is offered through an analysis of village governance in Timor-Leste, where village regulations are governed under Law No. 9 of 2016. This research contributes to the discourse on institutional reform and democratic resilience at the village level, highlighting the need for clearer legal frameworks and interpretive consistency in local governance.
Legal Dynamics of Age Limits for Presidential and Vice Presidential Candidates Based on Article 169 Letter Q of Law Number 7 of 2017 Concerning General Elections Otni Magho, Alpian; Yusa, I Gede; Astariyani, Ni Luh Gede
West Science Interdisciplinary Studies Vol. 2 No. 12 (2024): West Science Interdisciplinary Studies
Publisher : Westscience Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58812/wsis.v2i12.1478

Abstract

Justice, non-discrimination, equality before the law are important values of the constitution. This study seeks to examine the constitutional rights of the younger generation that were cut by the framers of the law through the age requirement in the electoral law for presidential and vice presidential candidates. The research method used is a normative legal research method with qualitative methods. The age requirement no longer needs to be regulated in the Election Law because it is not in line and is not expressly regulated by the 1945 Constitution. If it is still regulated, the age requirement used must be 18 years, in accordance with the adult size applicable in Indonesia, as a consequence providing opportunities for the younger generation to participate in politics and government, and realize a more inclusive democracy. Factors influencing the setting of age requirements for presidential and vice presidential candidates are the history of national leadership, maintaining the status quo, and senior-junior practices. Therefore, Article 169 letter Q of the Election Law must be revised/deleted.
Legal Force of the State’s Official Publication Media: A Comparative Analysis of the Lembaran Negara and Berita Negara in the Promulgation of Legal Norms in Indonesia Wulandari, Risa Jaya; Yusa, I Gede
International Journal of Business, Law, and Education Vol. 6 No. 2 (2025): International Journal of Business, Law, and Education
Publisher : IJBLE Scientific Publications Community Inc.

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56442/ijble.v6i2.1317

Abstract

This study examines the differing positions and functions of the Lembaran Negara Republik Indonesia (LNRI) and the Berita Negara Republik Indonesia (BNRI) as the state’s official media for the publication of legal norms, as well as the juridical implications of these differences for the binding force of legal norms. The background of this research is rooted in the disparity of publication media used for legal products that are hierarchically equivalent, such as statutes promulgated in the LNRI and Constitutional Court decisions that are announced only in the BNRI. This situation raises concerns regarding legal certainty, the effectiveness of legal norms, and the equality of access to legal information for the public. This research employs a normative legal method with statutory, conceptual, and comparative approaches. The findings show that the LNRI functions as a constitutive promulgation medium for the enactment of legislation, whereas the BNRI serves as a declarative notification medium for administrative legal documents and decisions of state institutions such as the Constitutional Court. These differences have implications for the binding force of legal norms: norms published in the LNRI acquire general binding force upon promulgation, while publications in the BNRI emphasize transparency and accessibility without creating new legal norms. The study concludes that although LNRI and BNRI have complementary roles, inconsistencies in selecting the appropriate publication medium may weaken legal certainty and the effectiveness of law enforcement. Therefore, a revision of the national legal publication system is necessary to ensure greater integration and consistency, thereby strengthening the principles of the rule of law, information transparency, and legal certainty
Role of the Constitutional Court in Indonesia's Electoral Justice System Putra, Gede Dandi Pratama; Yusa, I Gede
International Journal of Business, Law, and Education Vol. 7 No. 1 (2026): International Journal of Business, Law, and Education
Publisher : IJBLE Scientific Publications Community Inc.

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56442/ijble.v7i1.1374

Abstract

This study examines the position and authority of the Constitutional Court of Indonesia (Mahkamah Konstitusi) within the national electoral justice system and its institutional relationship with other electoral law enforcement bodies in realizing substantive electoral justice. Elections function as a core mechanism of constitutional democracy, requiring not only procedural legality but also effective judicial protection to ensure legitimacy and public trust. Using a normative legal research method, this study analyzes the 1945 Constitution of the Republic of Indonesia, the Election Law, the Constitutional Court Law, and other relevant statutory regulations through a statutory and conceptual approach. The findings show that the Constitutional Court holds strong constitutional legitimacy as the final and binding adjudicator of election result disputes. Its role has developed beyond merely correcting vote tabulations to assessing qualitative violations, particularly those that are structured, systematic, and massive, which affect the integrity of the electoral process. Furthermore, Indonesia's electoral justice system is implemented through an integrated framework involving the Election Supervisory Body (Bawaslu), the Honorary Council of Election Organizers (DKPP), the Integrated Law Enforcement Center (Sentra Gakkumdu), and the Constitutional Court. Each institution exercises distinct yet interrelated authority across administrative, ethical, criminal, and constitutional domains. This study concludes that the effectiveness of electoral justice in Indonesia depends not only on the Constitutional Court's final decisions but also on institutional synergy among electoral law enforcement bodies. Strengthening coordination and normative integration is essential to ensure that electoral justice is realized substantively, democratically, and constitutionally.
A Constitutional Court Decision Has Final Law And Binding Related to Decision No. 57/PHP.BUP-XIX/2021, North Halmahera Election Results Disputes Laritmas , Selfianus; Gede Yusa, I; Gede Rudy, Dewa; Rosidi , Ahmad
International Journal of Educational Research & Social Sciences Vol. 3 No. 1 (2022): February 2022
Publisher : CV. Inara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51601/ijersc.v3i1.257

Abstract

Constitutional Court Decision(MK) who is final and binding as stated in Article 24 C paragraph (1) of the 1945 Constitution of the Republic of Indonesia, and Saccording to the provisions of article 47,and explanation of article 10 paragraph (1), Law no. 24 year 2003. The final nature of this Constitutional Court decision includes binding legal force (final and binding).. It turns out, in amarConstitutional Court Decision No 57/PHP.BUP-XIX/2021 cause new legal problems or conflicts of norm because it does not yet have final and binding power in the North Halmahera election dispute, because the Constitutional Court's decision still opens the opportunity for new applications to be resubmitted in the Constitutional Court. MKNumber 14/PHP.BUP-XV/2017, and Decision Number 42/PHP.BUP-XV/2017, on amarthe decision is very clear, the decision has binding power after the decision so that the Constitutional Court can no longer re-hear the election results case after the PSU has been carried out, only the determination is carried out after the KPUD reports the PSU results.This study aims to analyze, first,Is the Constitutional Court's decision no longer final and binding in dealing with regional election disputes, especially the North Halmahera regional election dispute, second, how are the legal problems of the Constitutional Court's decision which is no longer final and binding?. This research is qualified into normative legal research, with an approach Legal approach (Statute Approach), Concept Approach and Case approach. The results of the study show, firstly, that the Constitutional Court's decision creates new legal problems in its decisions which are different from the previous decisions, Second, there is a need for Consistency of the Constitutional Court in deciding disputes that are final and binding so that it does not cause new problems in constitutional law
Co-Authors Abitha Satria, I Gede Achmad Yudha Yogaswara Agus Arika Eno Ahmad Rosidi, Ahmad Anak Agung Linda Cantika Angga Aidry Ghifari Ardani, Ni Ketut Ayu Dianita Widyaswari Ayu Putri Miranda Puri Banuoka, I Gede Adhi Maha Krisna Bhujangga Alam Kusuma Ratmaja Cecilia Andriana Suwarno da Cruz, Rosino Danial Kelly Deris Stiawan Dewa Gde Rudy Dewa Putu Aditya Dharma Dewa Putu Wahyu Jati Pradnyana Dewi Bunga Dinda Angela Syafitri Gede Astariyani, Ni Luh Gede Bagus Adhi Prasadana Gede Esa Kusuma Hardi Priharta Gede Prapta Wiguna Hattori, Mariko Hermanto, Bagus I Dewa Gde Atmadja I Dewa Gede Atmadja I Gede Abdhi Satrya Mahardika I Gede Adi Pratama Putra I Gede Ngurah Hendra Sanjaya I Gede Tresna Pratama Wijaya I Gede Yudi Arsawan I Gusti Agung Ayu Astri Nadia Swari I Gusti Agung Istri Arinda Praminingrat I Gusti Agung Mas Rwa Jayantiari, I Gusti Agung I Gusti Ayu Intan Purnamaningrat I Kadek Kharisna Gamentra I Komang Mahardika Wijaya I Made Aditya Sastra Nugraha I Made Arya Utama I Made Dedy Prianto I Made Satria Brahmanta I Nyoman Prabu Buana Rumiartha I Wayan Bagus Perana Sanjaya I Wayan Parsa I Wayan Suarbha Ida Ayu Ide Dinda Paramita Ida Bagus Putu Jordy Pradana Datu Iga Bagus Prasadha Sidhi Nugraha Ivory, Jared Kadek Nonik Silpia Dwi Candra Ketut Arianta Komang Pradnyana Sudibya Komang Wahyu Setiabudi Kumala, Ida Ayu Ratna Laritmas , Selfianus Laritmas, Selfianus Lutfi Aldi Bing Slamet Made Helena Putri Laksmi Marwanto Marwanto Marwanto, Marwanto Meliana Putri Ni Kadek Rada Satvita Ni Ketut Ratih Purnama Sari Ni Ketut Supasti Dharmawan Ni Komang Sri Intan Amilia Ni Komang Sri Intan Amilia Ni Luh Gede Astariyani Ni Luh Putu Sri Purnama Dewi Ni Made Nita Widhiadnyani Ni Putu Niti Suari Giri Ni Putu Wilda Karismawati Ni Wayan Anggita Darmayoni Nugroho, Aziz Widhi Nurfadillah Ridwan NYOMAN MAS ARYANI Oktaviany Santoso Otni Magho, Alpian Pradnyawati, I Gusti Ayu Ketut Intan Putra, Gede Dandi Pratama Putra, Rengga Kusuma Putu Ayu Mitha Ananda Putri Putu Gede Arya Sumerta Yasa Putu Gede Arya Sumertayasa Robed, Gede Odhy Suryawiguna Rosidi , Ahmad Sagita, I Kadek Yoga Ary Sagung Putri M. E. Purwani Selvi Marcellia Shuhei Kamada Wiratama, I Dewa Gede Ade Wulandari, Risa Jaya Yola Wulandari