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All Journal POLICY, LAW, NOTARY AND REGULATORY ISSUES (POLRI)
I Nyoman Bagiastra
Faculty of Law, Universitas Udayana
Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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LEGITIMACY OF A FIXED-TERM EMPLOYMENT CONTRACT BASED ON REMOTE WORK CONCEPT FROM THE PERSPECTIVE OF THE JOB CREATION ACT Putu Bella Mania Madia; I Nyoman Bagiastra; I Wayan Novy Purwanto
POLICY, LAW, NOTARY AND REGULATORY ISSUES Vol. 1 No. 4 (2022): OCTOBER
Publisher : Transpublika Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55047/polri.v1i4.485

Abstract

Labor issues are a social, political and economic phenomenon in modern countries, including Indonesia, and require a way that is no longer conventional in improving the system in employment. As such, remote working can be the solution. The implementation of Remote Working in Indonesia depends on three legal aspects, namely the Criminal Code, the Job Creation Act along with the Labor Law, and the ITE Law. This study aims to analyze the Fixed-Term Employment Contract (PKWT) work relationship based on remote work concept from the perspective of the job creation act and find out the implementation and problems of Fixed-Term Employment Contract. This study employs a normative legal research technique derived from laws and regulations employing a library research technique. According to the findings of this study, Fixed-Term Employment Contract with the Remote Working concept must also adhere to the Labor Law and the Job Creation Act. Besides, the parties who engages on the Fixed-Term Employment Contract must also consider a number of additional legal factors in order to ensure the agreement's legitimacy and the protection of each party's rights and obligations. Despite the passage of the Job Creation Act, it turns out that there are still several issues that require attention.
THE PROBLEM OF THE RE-EXISTENCE OF MPR DECREES AS A TYPE AND HIERARCHY OF LEGISLATION IN INDONESIA Made Gerry Gunawan; I Nyoman Bagiastra
POLICY, LAW, NOTARY AND REGULATORY ISSUES Vol. 2 No. 3 (2023): JULY
Publisher : Transpublika Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55047/polri.v2i3.687

Abstract

The Decree of the People's Consultative Assembly, also known as MPR Decrees, contains decisions made by the People's Consultative Assembly. The presence of MPR Decrees has undergone various system dynamics within the hierarchical order of legislation in Indonesia. Law Number 12 of 2011 on the Formation of Legislation reintroduces MPR Decrees as a type and hierarchy of law and regulation, reversing the previous law, Law Number 10 of 2004, which abolished the MPR Decrees from the structural hierarchy. The re-existence of MPR Decrees in the Indonesian legislative system has implications for the order and position of these decrees in the state administration system. This research adopts a normative research method, utilizing a statutory approach as the primary legal material and secondary legal materials such as books, journals, and other sources for analysis. The findings of this study indicate that the re-existence of MPR Decrees creates ambiguity in the validity of the MPR within the state administration system, considering that MPR Decrees originated before the reform or amendment of the 1945 Constitution, when the MPR held a higher position as a state institution. Furthermore, there is no authorized judicial institution to test the MPR Decrees if they are suspected of violating the provisions of the Constitution of the Republic of Indonesia.
ANALYSIS OF THE DISPUTE RESOLUTION MECHANISM OF THE TRIUMVIRATE MINISTER AS THE EXECUTOR OF PRESIDENTIAL DUTIES IN INDONESIA Komang Yoga Saputra; I Nyoman Bagiastra
POLICY, LAW, NOTARY AND REGULATORY ISSUES Vol. 2 No. 4 (2023): OCTOBER
Publisher : Transpublika Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55047/polri.v2i4.922

Abstract

The 1945 Constitution regulates the position of triumvirate ministers, including the Minister of Home Affairs, Minister of Foreign Affairs, and Minister of Defense, collectively empowered to replace the president and vice president in case of a vacancy. The exercise of this authority increases the likelihood of disputes among the three ministers while performing presidential duties in Indonesia. The conflicting implications of the triumvirate minister position and its assumed powers stem from the diverse backgrounds of the three different institutions. Therefore, a clear mechanism is necessary for resolving conflicts among triumvirate ministers. This study employs normative legal research methods with a statutory law approach, utilizing primary legal material and secondary legal materials such as books and journals. The findings reveal that the dispute resolution mechanism for triumvirate ministries is fundamentally within the purview of the Constitutional Court, as affirmed by the Constitution. However, a lack of detailed derivative regulations has led to a blur in norms related to the interpretation of state institutions outlined in the Constitution. This gap arises due to the absence of regulations that provide a comprehensive explanation of these state institutions.
SOCIALIZATION OF REGIONAL REGULATION NO. 11 OF 2017 REGARDING EMBANKMENTS IN THE SARI BARUNA FISHERMEN'S GROUP OF BANJAR KHUBUR, KETEWEL VILLAGE, GIANYAR I Wayan Novy Purwanto; I Gusti Ayu Putri Kartika; I Nyoman Bagiastra; Ayu Putu Laksmi Danyati; Dewa Gede Pradnyana Yustiawan
POLICY, LAW, NOTARY AND REGULATORY ISSUES Vol. 3 No. 1 (2024): JANUARY
Publisher : Transpublika Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55047/polri.v3i1.1011

Abstract

The purpose of this socialization is to educate and inform the Sari Baruna Fishermen Group of Banjar Khubur Ketewel Village, Gianyar about Regional Regulation Number 11 of 2017 regarding Bendega. It is crucial for the fishermen to understand this regulation as it addresses the problems they face. The Regional Government is committed to preserving and protecting Bendega, which is an integral part of Balinese culture. By safeguarding the ethical, moral, and civilizational values of Balinese customs, the government ensures the continuity of these traditions. Bendega holds significant economic, social, cultural, and religious importance in the indigenous communities of Bali's coastal areas. To protect and preserve Bendega, various strategies are implemented, including the continuous application of Tri Hita Karana principles, enhancing the skills and knowledge of Bendega personnel, and empowering Bendega through economic activities rooted in local wisdom. Additionally, the strengthening of Bendega institutions and financial support are provided. It is essential to socialize these efforts to the fishermen groups so that they can fully comprehend the protection offered by the Regional Government. This understanding will enable the fishermen to exercise their rights and responsibilities as coastal fishermen.
SETTLEMENT OF SEXUAL VIOLENCE AGAINST CHILDREN BASED ON BALINESE CUSTOMARY LAW Gede Rhama Sukmayoga Wiweka; Anak Agung Istri Ari Atu Dewi; Putu Gede Arya Sumertayasa; I Nyoman Bagiastra
POLICY, LAW, NOTARY AND REGULATORY ISSUES Vol. 3 No. 2 (2024): APRIL
Publisher : Transpublika Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55047/polri.v3i2.1120

Abstract

This study aims to examine and analyze related to the settlement of crimes of sexual violence against children based on positive law in Indonesia and Balinese customary law. This study uses normative legal research methods with factual approaches, statutory approaches, case approaches, and legal concept analysis approaches. The results of this study explain that arrangements related to sexual violence against children are regulated in Article 81 and Article 82 of the UUPA, regarding their settlement according to the criminal justice system according to the provisions of the Criminal Procedure Code. As well as the settlement of criminal acts of sexual violence against children in Balinese customary law is translated into two approaches to justice, namely criminal sanctions with a retributive approach or criminal sanctions with a restorative approach. And if the settlement is through a restorative approach, the rights of the victim need attention because the victim is an interested party who should have a (legal) position in the settlement process. However, in the criminal justice system in general, it is suspected that victims do not receive equal protection from the authorities in the criminal justice system, so that the true interests of victims are often neglected and even if they do exist, they are only fulfilling the criminal justice administration or management system.
CONSTITUTIONAL SUPREMACY IN LEGAL STATES IN INDONESIA I Gusti Ayu Agung Dwi Candra; I G A Putri Kartika; I Nyoman Bagiastra
POLICY, LAW, NOTARY AND REGULATORY ISSUES Vol. 3 No. 2 (2024): APRIL
Publisher : Transpublika Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55047/polri.v3i2.1134

Abstract

The aim of this paper is to explore the significance of constitutional supremacy within the legal framework of Indonesia. The research methodology employed is normative legal research, utilizing both a statutory regulation approach and an analytical approach. Legal resources are accessed through library research techniques. The findings indicate that constitutional supremacy serves as the foundation for upholding constitutionalism, ensuring the sovereignty of the people. The future of constitutionalism hinges on the decisions made by the Constitutional Court, acting as the guardian of constitutional principles. Amendments to the 1945 Constitution, whether through formal or informal means, are crucial in solidifying Indonesia's status as a legal state. However, changes resulting from the ratification of international agreements may pose challenges by potentially undermining the constitution's authority. This could lead to conflicts between domestic laws and international obligations, creating a dilemma for the Government in balancing national interests with international commitments. Therefore, it is imperative to establish a robust judicial system to safeguard the supremacy of the constitution. Any constitutional interpretations must be shielded from political influences. A system of checks and balances among government institutions, along with a review of laws and regulations to ensure alignment with the 1945 Indonesian Constitution, is essential to uphold constitutional supremacy.
LEGAL CONSEQUENCES OF VIOLATION OF NON DISCLOSURE AGREEMENT OBLIGATIONS AS IMPLEMENTATION OF LEGAL PROTECTION AGAINST TRADE SECRETS I Nyoman Sudana; I Nyoman Bagiastra
POLICY, LAW, NOTARY AND REGULATORY ISSUES Vol. 3 No. 3 (2024): JULY
Publisher : Transpublika Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55047/polri.v3i3.1245

Abstract

This high percentage of potential leakage of trade secret information that has economic value from a company can occur either from parties within the company or from parties outside the company if there is no commitment to safeguard the information. The purpose of this writing is to analyze the regulations regarding non-disclosure agreements in trade secrets law and to examine the legal consequences of violations of these agreements. The benefit of this writing is to provide a juridical understanding of the regulation of non-disclosure agreements in efforts to protect trade secrets, as well as to offer scientific contributions in the dimension of legal science related to the regulation of non-disclosure agreements. This study is based on the vagueness of norms, utilizing a type of normative legal research through a legislative approach and analyzed using descriptive and argumentative techniques. The research results show that non-disclosure agreements are not specifically regulated but are generally addressed in trade secrets law. In terms of legal consequences arising from non-fulfillment of the agreement, there are criminal sanctions, including a maximum prison sentence of 2 years and/or a fine of Rp. 300,000,000, as well as civil sanctions in the form of compensation imposed on parties who harm the company. It would be better if non-disclosure agreements were explicitly regulated by law to strengthen their legal force and provide legal certainty for the parties involved in the agreement.
JURIDICAL REVIEW OF CONSUMER PROTECTION IN BUYING AND SELLING TRANSACTIONS USING ELECTRONIC MEDIA I Kadek Krisnandika Aristya Putra; I Nyoman Bagiastra
POLICY, LAW, NOTARY AND REGULATORY ISSUES Vol. 3 No. 3 (2024): JULY
Publisher : Transpublika Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55047/polri.v3i3.1380

Abstract

With the advanced digital technology, there are a lot of changes in how people interact and do businesses. E-commerce growth has been stimulated by the rise of internet usage and electronic systems in Indonesia. This change, propelled by development in information technology, has enabled trading to take place through online platforms instead of face-to-face meetings. The purpose of this study is to look at consumer legal protection within e-commerce transactions in Indonesia. The research employs a normative legal approach which explores laws regulating e-commerce such as Law Number 8 of 1999 regarding consumer protection and its amendment. It was established that although there is a comprehensive legal framework for consumer protection; however, some of the challenges include lack of consistency in law enforcement as well as inadequate consumers education among others making it hard to improve consumers’ right at the time when everything is becoming digital.
Co-Authors Anak Agung Istri Ari Atu Dewi Ayu Putu Laksmi Danyati Dewa Gede Pradnyana Yustiawan Gede Rhama Sukmayoga Wiweka I G A Putri Kartika I Gusti Ayu Agung Dwi Candra I Gusti Ayu Putri Kartika I Kadek Krisnandika Aristya Putra I Nyoman Sudana I Wayan Novy Purwanto Komang Yoga Saputra Made Gerry Gunawan Putu Bella Mania Madia Putu Gede Arya Sumertayasa