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All Journal Substantive Justice International Journal of Law KERTHA WICAKSANA Verdict: Journal of Law Science Community Service Journal of Law
Anak Agung Ngurah Adhi Wibisana
Universitas Warmadewa, Indonesia
Law, Crime, Criminology & Criminal Justice

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The Urgency of Indonesian Omnibus Law Implementation Related to Foreign Investment Anak Agung Sagung Laksmi Dewi; Mella Ismelina Farma Rahayu; Ni Made Puspasutari Ujianti; Hartini Saripan; Anak Agung Ngurah Adhi Wibisana
Susbtantive Justice International Journal of Law Vol 6 No 2 (2023): Substantive Justice International Journal of Law
Publisher : Faculty of Law, Universitas Muslim Indonesia, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56087/substantivejustice.v6i2.239

Abstract

Investment is one of the driving means of strengthening the country's economy. One of the expected ways to increase investment is through foreign investment. Various regulatory measures have been carried out by evaluating and analyzing regulations and policies related to the licensing process for foreign investment. A new legal breakthrough is in the form of the enactment of the Omnibus Law on the Job Creation Law that is being pursued by the government aims to make it easier for foreign investors to obtain a permit. The formulation of problems that can be studied include how the omnibus law applies to simplifying licensing in an effort to facilitate the licensing process related to foreign investment. This study aims to examine the urgency of the implementation the Omnibus Law to simplify the licensing process in an effort to facilitate foreign investment in Indonesia. This research is a normative legal research, which uses primary, secondary, and tertiary legal materials. The results of the study show that efforts to simplify the licensing process for foreign investment in Indonesia become a reference for the government with foreign investors in facilitating sustainable development efforts in the tourism sector which aims to increase large amounts of investment, the availability of jobs, and is expected to improve the country's economy. So in the application of the Omnibus Law, it is expected to be able to accommodate interests that aim to prosper the community.
Pelaksanaan UUD 1945 tentang Negara Mencerdaskan Kehidupan Bangsa sebagai Amanat Konstitusi Anak Agung Sagung Laksmi Dewi; Anak Agung Ngurah Adhi Wibisana
Verdict: Journal of Law Science Vol. 5 No. 1 (2026): Verdict: Journal of Law Science
Publisher : CV WAHANA PUBLIKASI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59011/vjlaws.5.1.2026.41-54

Abstract

The constitutional mandate in the 1945 Constitution stating that “the state shall educate the life of the nation” represents the state’s responsibility in the provision of education and the development of human resources. This article examines three research problems: (1) what legal evidence demonstrates that the state has an obligation to educate the life of the nation; (2) how the government implements Article 31 of the 1945 Constitution; and (3) what legal consequences arise if the state fails to fulfill this constitutional mandate. The research employs a normative juridical approach using both the statute approach and the analytical approach through the examination of the constitution, legislation, and academic literature. The findings indicate that the state’s obligation to educate the life of the nation has a strong legal foundation, including Article 31 of the 1945 Constitution and various implementing laws. The government has undertaken numerous efforts through education budgeting, compulsory education policies, and the development of the national education system. However, shortcomings in implementation still occur, which result in legal consequences such as state responsibility, the potential for constitutional claims by citizens, and negative implications for human rights and social justice. This article concludes that the mandate of the 1945 Constitution must be translated into measurable and accountable policies so that the realization of “educating the life of the nation” is not merely symbolic.
Analisis Yuridis Tindak Pidana Pemerasan oleh Bendesa Adat Terhadap Investor di Bali Anak Agung Sagung Laksmi Dewi; I Gusti Agung Ayu Gita Pritayanti Dinar; Ni Putu Ayu Mandalay Shasa Alba Chiara; Anak Agung Ngurah Adhi Wibisana
Kertha Wicaksana Vol 19 No 1 (2025)
Publisher : Fakultas Hukum, Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/kw.19.1.2025.58-62

Abstract

Customary village leaders, as organizers of government affairs at the village level, have the authority to complete administrative documents needed by the community within the government system of the rule of law. Occasionally, there are several obstacles in the completion of these administrative tasks that can be resolved quickly to facilitate administrative activities; however, certain administrative issues remain unsolvable by local administrators. The problem formulated in this study includes: (i) how are criminal sanctions defined for the crime of extortion corruption committed by Bendesa Adat who abuse their power in Bali? (ii) What sanctions are imposed on Bendesa Adat by customary villages when they exploit their power through extortion against investors? This study employs normative legal research methods, utilizing a legislative approach and legal concept analysis. The relevant data collection techniques utilized in this study consist of: (i) literature review and (ii) data analysis and evaluation. The theories applied in examining the issues within this study are the theory of state sovereignty and the conception of law as a policy process. This study aims to establish that criminal sanctions for extortion crimes by Bendesa Adat in Bali can indeed be determined. It is vital to implement a consistent and professional approach based on justice, certainty, and legal benefits by the government to foster ideal investment growth in Bali. The output target is to publish findings in the Sinta 4 accredited national journal, Journal of Legal Preferences. Additional outputs will include study materials (book chapters) related to criminal law topic.
The Regulation of Traditional Villages as Legal Subjects and the Designation of Temples as Religious Legal Entities in Relation to Land Ownership Rights Anak Agung Sagung Laksmi Dewi; I Nyoman Sumardika; I Gusti Agung Ayu Gita Pritayanti Dinar; I Made Minggu Widyantara; Anak Agung Ngurah Adhi Wibisana
Community Service Journal of Law Vol. 3 No. 2 (2024): Community Service Journal of Law
Publisher : Fakultas Hukum, Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/csjl.3.2.2024.64-69

Abstract

This study aims to discuss the implementation of the Bali Provincial Regulation which has given birth to various legal provisions regarding the registration of land rights, both for Customary Village and Temple land, both of which are recognized as legal entities. The material is presented using a normative approach to identify legal rules and principles. The legal sources for this study are derived from statutory provisions, including: 1) Law No. 5 of 1960 on the Basic Agrarian Law (UUPA), 2) Government Regulation No. 24 of 1997, 3) Bali Provincial Regulation No. 4 of 2019 on Customary Villages, 4) Ministerial Decree of the Minister of Agrarian Affairs and Spatial Planning/Head of the National Land Agency No. 276/KEP-19.2/X/2017 on the Designation of Customary Villages in Bali Province as Legal Subjects for Joint (Communal) Land Ownership, 5) Minister of Home Affairs Decree No. 556/DJA/1986 on Legal Entities Eligible for Land Ownership Rights. The results of the study show that the Traditional Village was officially designated as the subject of customary rights based on the Decree of the Minister of Agrarian Affairs and Spatial Planning/Head of the National Land Agency No. 276/KEP-19.2/X/2017 concerning the Determination of Traditional Villages in Bali Province as Subjects of Collective (General) Land Ownership Rights. Procedurally, the initial land ownership certification process for Pura followed the standard land certification procedure. It began with a written application submitted to the Head of the National Land Agency Office of Tabanan Regency, accompanied by the required administrative documents.
The Existence of Bale Kerta Adhyaksa as an Instrument for Resolving General Legal Cases in Bali I Nyoman Sumardika; Anak Agung Sagung Laksmi Dewi; Ni Made Puspasutari Ujianti; Anak Agung Ngurah Adhi Wibisana
Community Service Journal of Law Vol. 4 No. 1 (2025): Community Service Journal of Law
Publisher : Fakultas Hukum, Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/csjl.4.1.2025.29-37

Abstract

The paper entitled “The Existence of Bale Kerta Adhyaksa as an Instrument for Resolving General Legal Cases in Bali” was prepared in connection with the enactment of the Draft Regional Regulation of the Province of Bali concerning Bale Kerta Adhyaksa into a Regional Regulation, which will take effect following the implementation of Law Number 1 of 2023 on the Criminal Code on 2 January 2026. This paper examines and discusses two legal issues relevant to the existence of Bale Kerta Adhyaksa, namely: (1) the authority of Bale Kerta Adhyaksa in Bali, and (2) the scope of the substantive provisions of the Regional Regulation on Bale Kerta Adhyaksa in Bali. The writing method is grounded in the doctrine of legislative law, thereby adopting a normative research type which utilizes normative or non-empirical research materials with a statutory approach and a conceptual approach, drawing from both primary and secondary legal materials. The analysis employs the concept of regulatory impact assessment and consistency analysis, applied both at the stage when the regulation was still in draft form and after its stipulation as a Regional Regulation of Bali Province. This analysis is carried out using systematic interpretation through inductive and deductive reasoning, presented in a structured and coherent manner. The authority of Bale Kerta Adhyaksa in Bali is to resolve general legal cases occurring within the jurisdiction of customary villages. Institutionally, it is expected to resolve cases by prioritizing a win–win solution, particularly for minor criminal cases and minor civil cases. Meanwhile, the scope of the substantive content of the Regional Regulation on Bale Kerta Adhyaksa in Bali includes the realization of an effective, efficient, comprehensive, and conclusive system for resolving general legal cases, as well as the reduction of the frequency of minor criminal and civil cases within customary villages areas. The formulation of case resolution is embodied in the form of a “Peace Statement Letter or Deed” and a “Peace Agreement Letter or Deed”, which are recorded in a mutual agreement between the parties, signed by them, and must be carried out in good faith. The decisions are final and binding.
Co-Authors Anak Agung Sagung Laksmi Dewi Anak Agung Sagung Laksmi Dewi Anak Agung Sagung Laksmi Dewi Anak Agung Sagung Laksmi Dewi Hartini Saripan I Gusti Agung Ayu Gita Pritayanti Dinar I Made Minggu Widyantara I Nyoman Sumardika I Nyoman Sumardika Mella Ismelina Farma Rahayu Ni Made Puspasutari Ujianti Ni Made Puspasutari Ujianti Ni Putu Ayu Mandalay Shasa Alba Chiara