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All Journal Sociological Jurisprudence Journal KERTHA WICAKSANA
Nyoman Gede Antaguna
Fakultas Hukum, Universitas Warmadewa, Denpasar, Indonesia
Social Sciences

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Development of Balinese Customary Law in the Perspective of Local Wisdom “Tri Hita Karana’’ Nyoman Gede Antaguna; I Nyoman Putu Budiartha
Sociological Jurisprudence Journal Vol. 6 No. 2 (2023)
Publisher : Fakultas Hukum, Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/scj.6.2.2023.144-149

Abstract

This research article explores the development of Balinese Customary Law within the context of the profound local wisdom known as "Tri Hita Karana." The study delves into the distinctive features of customary law in Bali and its evolution in the contemporary era. This article aim is to describe regarding customary law in Bali and how it develops in the modern era. Its unique raises some discussion for some jurist and academic community, how the legal sytem works in the dominate of costomary law in Bali. This article also trying to identified what is insist in Bali’s customary Law. Bali is a very popular tourism destination in the world. The arrival of millions foreign tourists per year with diverse backgrounds. The presence of these foreign has created a cross of cultures in the society, furthermore with advances in science and technology. Over the years those phenomena happened in Bali. Nevertheless, Balinese culture is very strongly applied by its citizens. The activities of religious ceremonies, arts and customs are very strong as daily activities. This is what is unique to Bali in the perception of the world, not solely because of the beauty of its panorama. Customary Law is still applied in Bali which binds the community in addition to the applicable Positive Law. Recognition of this customary legal entity is accommodated in several forms of legislation. Each indigenous community, referred to as an Indigenous Village, has its own customary laws. They are the ones who compile customary laws that have implications for the respect of their society for the customs in Bali. Enriched by Balinese local wisdom, notably the revered philosophy of "Tri Hita Karana," Customary Law stands as a cornerstone of the island's legal and cultural identity.
Pembatasan Kebebasan Berpendapat Dan Berekspresi Di Sosial Media Berdasarkan Peraturan Perundang-Undangan Nomor 19 Tahun 2016 Tentang Perubahan Atas Undang-Undang Nomor 11 Tahun 2008 Tentang Informasi dan Transaksi Elektronik (ITE) Nyoman Gede Antaguna; Anak Agung Sagung Laksmi Dewi
Kertha Wicaksana Vol 17 No 2 (2023)
Publisher : Fakultas Hukum, Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/kw.17.2.2023.138-146

Abstract

The rapid development of social media now a days is influenced by the tremendous advantage of information and technology, and the fact that every netizen is the owner of his social media account who can freely think and express as he wishes. This freedom is the implementation of this nation's acknowledgment of the human rights of every individual which has been stated firmly in the 1945 Constitution. However, there is a stipulation that this freedom should not violate the rights of others, who also carry out their human rights. For this reason, the state is standing in regulating the legitimation of its citizens perform on social media through the entity of Law Number 11 of 2008 concerning Information and Electronic Transactions as amended by Law Number 19 of 2016, hereinafter referred to as the Law on Information and Electronic Transactions (UU ITE), which some consider it as a provision that can limit freedom of opinion and expression as a democratic state justifies it. The ITE regime is considered to have the potential for bordering by threatening the suspect through imprisonment or a fine. For this reason, this scientific paper raises the issue of the nature of freedom of opinion and expression, the negative activities of netizens on sosial media based on popular cases in the Republic of Indonesia and the purpose of the restrictions on the ITE Law.
Co-Authors Anak Agung Sagung Laksmi Dewi I Nyoman Putu Budiartha