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<![CDATA[Perlindungan Hukum atas Keterlambatan Pembangunan Apartemen JLS yang Didasarkan Pada Perjanjian Pemesanan ]]>
<![CDATA[Patricia Artjan Mylano]]>;
<![CDATA[Indrati Rini]]>
<![CDATA[ Kertha Wicaksana Vol 19 No 1 (2025) ]]>
Publisher : <![CDATA[Fakultas Hukum, Universitas Warmadewa ]]>
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DOI: 10.22225/kw.19.1.2025.37-47
<![CDATA[This research is to find out the form of legal protection for the delay in the construction of the JLS apartment based on the reservation agreement. The research results show that although there is legal protection regulated in the Consumer Protection Law and other regulations, its implementation still faces obstacles related to supervision and implementation of sanctions. The type of research method used is the normative juridical method using literature study of legal materials. Marketing is allowed to be carried out before the construction of apartement. There are many legal problems because the building has not reached 20% of the total building so it cannot use PPJB as an authentic deed. So in this case the sale of apartment units through pre-project selling is based on the form of a reservation agreement. In reality, it often harms consumer rights because there are delays in development that cause material and immaterial losses. The Reservation Agreement has fulfilled the legal requirements of the agreement based on Article 1320 of the Civil Code. The delay in the construction of the JLS apartment unit promised by the developer is included as a breach of contract. Legal protection for buyers of these apartments can request reimbursement of costs, losses and interest based on Article 1243 of the Civil Code, Article 7 letter G of the Consumer Protection Law, dispute resolution can be through consensus deliberation efforts, if not reached then dispute resolution can be carried out in public courts or out of court.]]>
<![CDATA[Pengaturan Hukum Pada Persidangan In Absentia dalam Perkara Tindak Pidana Korupsi (Studi Putusan Nomor 65/Pid.Sus.Tpk/2016/PN.Bgl jucto Putusan Nomor 15/PLW/Pid.Sus/TPK/2016/PT.Bgl) ]]>
<![CDATA[I Gusti Ayu Stefani Ratna Maharani]]>
<![CDATA[ Kertha Wicaksana Vol 19 No 1 (2025) ]]>
Publisher : <![CDATA[Fakultas Hukum, Universitas Warmadewa ]]>
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DOI: 10.22225/kw.19.1.2025.29-36
<![CDATA[The aim of writing this article is to analyze the legal arrangements for in absentia conferences in corruption cases using a study of decision number 65/Pid.Sus.Tpk/2016/PN.Bgl jucto Decision Number 15/PLW/Pid.Sus/TPK/2016 /PT. Bgl. The writing method used in this paper is the normative legal writing method, namely legal research that uses an approach through documents or secondary data to be able to discuss the problem formulation in this journal. Regarding the results obtained in this writing, namely trial in absentia in cases of criminal acts of corruption as referred to in the current laws and regulations, based on the provisions of Article 38 in the PTPK Law, in principle it is carried out in two cases, namely in the event that the sender has been summoned personally. legal, and not present at the court hearing and to save state financial losses. The presence of a thief/suspect in the investigation process until the examination in court is a space for detectives who have the right to defend themselves, property rights, freedom and honor. Apart from that, by the presence of the defendant during the examination and conference, the defendant/suspect can clearly understand the charges presented to him as well as the information or other evidence addressed to him.]]>
<![CDATA[Pelanggaran Peran Sosial dan Etika Guru: Analisis Kekerasan Seksual di MAN 1 Gorontalo Berdasarkan Teori Talcott Parsons ]]>
<![CDATA[Siti Khalimah]]>
<![CDATA[ Kertha Wicaksana Vol 19 No 1 (2025) ]]>
Publisher : <![CDATA[Fakultas Hukum, Universitas Warmadewa ]]>
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DOI: 10.22225/kw.19.1.2025.63-71
<![CDATA[This research analyzes the case of sexual violence that occurred at MAN 1 Gorontalo through the approach of Talcott Parsons' social role theory. This case reflects a violation of the social role and professional ethics of teachers, where the teacher, as an authority figure, abuses their power over students. The spread of the pornographic video related to the incident worsened the psychological impact on the victims and damaged the school's reputation. Using a qualitative method based on literature review, this research found that the weak implementation of professional ethics and the imbalance of power relations are key factors in the occurrence of sexual violence in education. This research provides recommendations to strengthen the supervision and implementation of the teacher's code of ethics in order to create a safe and violence-free educational environment.]]>
<![CDATA[Polemik Keberadaan Izin Tinggal Terbatas Investor Terhadap Keamanan Nasional Republik Indonesia ]]>
<![CDATA[Eiunike Aurora Shafia Putri]]>;
<![CDATA[Ni Wayan Rainy Priadarsini]]>
<![CDATA[ Kertha Wicaksana Vol 19 No 1 (2025) ]]>
Publisher : <![CDATA[Fakultas Hukum, Universitas Warmadewa ]]>
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DOI: 10.22225/kw.19.1.2025.48-57
<![CDATA[The increasing number of foreigners in Indonesian territory is inseparable from the ease of access permitted by the local government. The lack of border control and the ease of travel in and out of the country can lead to various national security threats such as the threat narcotics smuggling, illegal foreign workers, to the proliferation of fraudulent companies that harm the countryF. Immigration plays a pivotal role in maintaining the sovereignty of the Republic of Indonesia, particularly through the functions of immigration supervision and enforcement. On the other hand, to maintain national security, the state must still open foreign investment to fulfil national interests that cannot be pursued single-handedly. The existence of foreign investors is supported by the Directorate General of Immigration by issuing limited stay permits (ITAS) while they are in Indonesia. This journal will highlight how the role of supervision and screening will be carried out by Immigration, especially the Immigration Office Class I TPI Denpasar against foreign investors who own limited stay permit cards on the island of Bali. This research uses a qualitative approach with primary data sources from interviews and state document studies as well as secondary data from several articles and journals. The results of the analysis found that although access to foreigners is facilitated, the Directorate General of Immigration is also increasingly aggressively disciplining ITAS holders of investors so that they are not misused by routinely carrying out foreigner surveillance operations throughout Indonesia, especially Bali, to catch foreigners whose activities are not in accordance with the applicable residence permit.]]>
<![CDATA[Peran Qanun dan Reusam terhadap Penanganan Anak yang Berhadapan dengan Hukum di Aceh ]]>
<![CDATA[Rini Anggreini]]>;
<![CDATA[Devi Yulida]]>
<![CDATA[ Kertha Wicaksana Vol 19 No 1 (2025) ]]>
Publisher : <![CDATA[Fakultas Hukum, Universitas Warmadewa ]]>
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DOI: 10.22225/kw.19.1.2025.72-82
<![CDATA[Indonesia, as a unitary state, recognizes the importance of regional diversity within its governance system, exemplified by the implementation of regional autonomy. This policy grants local governments the authority to manage certain affairs in accordance with the needs of local communities. Aceh, as a special region, is endowed with broader authority through qanun and reusam to regulate governmental and societal matters. This study aims to examine the position of qanun and reusam within Indonesia's legal framework and their role in handling cases involving children in conflict with the law in Aceh. The research employs a normative juridical methodology with a descriptive-analytical approach, drawing on secondary data such as legislation, books, and publications related to qanun and reusam. The findings reveal that qanun and reusam play a significant role in addressing cases involving children in conflict with the law in Aceh. They emphasize the principles of diversion and restorative justice, focusing on resolving cases outside the formal judicial system and involving traditional, religious, and community leaders. Qanun and reusam support non-formal case resolution mechanisms rooted in local wisdom and values. Thus, qanun and reusam not only provide a framework for the region to exercise regional autonomy but also ensure the protection of children's rights in Aceh within the sphere of criminal law.]]>
<![CDATA[DASAR PEMIKIRAN PEMBERIAN SIFAT FINAL DAN MENGIKAT DEWAN KEHORMATAN PENYELENGGARA PEMILU SEBAGAI LEMBAGA ETIK ]]>
<![CDATA[I Gede Druvananda Abhiseka]]>
<![CDATA[ Kertha Wicaksana Vol 19 No 1 (2025) ]]>
Publisher : <![CDATA[Fakultas Hukum, Universitas Warmadewa ]]>
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DOI: 10.22225/kw.19.1.2025.1-7
<![CDATA[This article aims to analyze the final and binding nature of the DKPP from a True Perspective (Nature). This research also aims to examine the final and binding nature of the DKPP l in building the personal integrity of public officials. This paper uses normative legal research methods with a statutory approach, a conceptual approach using techniques for searching legal materials using document studies and analyzing studies quantitatively. The research results show the perspective of the essence of DKPP, the aim of which is to create electoral justice and a democratic culture with integrity and credibility in election administration, and this is also in line with the perspective of building the personal integrity of public officials, which has an important role in maintaining the image of democracy, because as General election organizers must maintain personal integrity and institutional integrity, which is an important point for maintaining a culture of democracy and electoral justice, this is in line with what is stated in the IDEA principles is Independent, impartiality, integrity, transparancy. efficiency, professionalism and service-mindedness.]]>
<![CDATA[Pengelolaan, Pemanfaatan, dan Pelestarian Hutan Mangroove Sebagai Wisata Religi di Desa Adat Sesetan, Denpasar ]]>
<![CDATA[I Gusti Agung Ayu Gita Pritayanti Dinar]]>;
<![CDATA[I Made Pria Dharsana]]>;
<![CDATA[Kade Richa Mulyawati]]>;
<![CDATA[I Kadek Wahyu Dwi Payana]]>;
<![CDATA[Putu Marita Maharani Putri]]>;
<![CDATA[Kadek Nadya Pramita Sari]]>
<![CDATA[ Kertha Wicaksana Vol 19 No 1 (2025) ]]>
Publisher : <![CDATA[Fakultas Hukum, Universitas Warmadewa ]]>
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DOI: 10.22225/kw.19.1.2025.8-12
<![CDATA[The aim of this research is to find out local wisdom which has positive implications in improving the economy of local communities, to understand natural and cultural phenomena and provide support for the preservation of nature and culture itself so that the Balinese tourism format which is thick with cultural tourism will never fade. The cultural character and cultural heritage of Bali which includes symbols, signs, forms of written artistic expression, language, lifestyle, ritual systems, traditional knowledge and mythology inherited from the predecessors of the Balinese people make it a special attraction for the world of tourism. Tukad Rangde as a barrier between the Mangroove forest and Attack Island requires special attention to be developed and managed with appropriate methods for the preservation and sustainability of customs and culture in the context of implementing religious tourism and ecotourism in the Mangroove forest. Therefore, the specific target of this research is to examine the collaborative arrangements for managing the use of Mangroove forest conservation in Sesetan village and to examine the development of the use of Mangroove forests for Hindu religious ritual facilities in Sesetan village.]]>
<![CDATA[PENATAAN MINI MARKET BERDASARKAN PP NOMOR 5 TAHUN 2021 TENTANG PENYELENGGARAAN PERIZINAN BERUSAHA BERBASIS RESIKO DI KABUPATEN BANGLI ]]>
<![CDATA[Ni Made Puspasutari Ujianti]]>;
<![CDATA[A.A Sagung Laksmi Dewi]]>;
<![CDATA[Luh Putu Suryani]]>
<![CDATA[ Kertha Wicaksana Vol 19 No 1 (2025) ]]>
Publisher : <![CDATA[Fakultas Hukum, Universitas Warmadewa ]]>
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DOI: 10.22225/kw.19.1.2025.13-17
<![CDATA[The changes of lifestyle and consumption patterns of urban society, which increasingly demand convenience and practicality, has led to the rapid growth of supermarkets in Bangli Regency. Bangli Regency is beginning to thrive, following the lead of other regencies and cities in Bali Province. The rise in domestic tourist visits to Bangli Regency, which still offers beautiful natural landscapes and promising tourist destinations, has fueled the development of supermarkets. According to Government Regulation No. 5 of 2021 concerning the Risk-Based Business Licensing System, supermarkets are considered low-risk businesses, so their licensing procedures are simpler compared to businesses with medium or high risk. However, this regulation conflicts with the Bangli Regency Regional Regulation No. 1 of 2016 regarding the Protection and Organization of Traditional Markets, Shopping Centers, and Modern Stores. If this issue left unaddressed, this could lead to an overconcentration of supermarkets in Bangli Regency, which may, in turn, affect the existence of traditional markets.]]>
<![CDATA[Analisis Yuridis Tindak Pidana Pemerasan oleh Bendesa Adat Terhadap Investor di Bali ]]>
<![CDATA[Anak Agung Sagung Laksmi Dewi]]>;
<![CDATA[I Gusti Agung Ayu Gita Pritayanti Dinar]]>;
<![CDATA[Ni Putu Ayu Mandalay Shasa Alba Chiara]]>;
<![CDATA[Anak Agung Ngurah Adhi Wibisana]]>
<![CDATA[ Kertha Wicaksana Vol 19 No 1 (2025) ]]>
Publisher : <![CDATA[Fakultas Hukum, Universitas Warmadewa ]]>
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DOI: 10.22225/kw.19.1.2025.58-62
<![CDATA[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.]]>
<![CDATA[Peran Hukum Dalam Meningkatkan Etika Bisnis Di Perusahaan Media Online ]]>
<![CDATA[Ni Putu Ega Maha Wiryanthi]]>
<![CDATA[ Kertha Wicaksana Vol 19 No 1 (2025) ]]>
Publisher : <![CDATA[Fakultas Hukum, Universitas Warmadewa ]]>
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DOI: 10.22225/kw.19.1.2025.18-28
<![CDATA[The problem in this research is that many online media companies violate business ethics, thus having a wide impact. The aim of this research is to explore the role of law in supporting the application of business ethics in online media companies. The approach used is a qualitative approach with a literature study method, which focuses on collecting information from various relevant reference sources, such as books, journals, articles and other written sources. The information obtained will be analyzed systematically and compiled into a research report. It is hoped that this research can increase awareness regarding the importance of collaboration between law and ethics in creating ethical and responsible business practices, especially in the context of online media companies in Indonesia.]]>
