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INDONESIA
KERTHA WICAKSANA
Published by Universitas Warmadewa
ISSN : 08536422     EISSN : 26213737     DOI : https://doi.org/10.22225
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Articles 10 Documents
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Search results for , issue "Vol 20 No 1 (2026)" : 10 Documents clear
Eksistensi Kode Etik Notaris dalam Pembatasan Promosi Diri di Era Digital Ni Kadek Andhina Putri Artini; Made Aditya Pramana Putra
Kertha Wicaksana Vol 20 No 1 (2026)
Publisher : Fakultas Hukum, Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/kw.20.1.2026.10-19

Abstract

This study examines the existence and implementation of the Notary Code of Ethics in regulating self-promotion in the digital era, particularly through social media platforms. The advancement of information technology has transformed how notaries interact with the public, with digital platforms such as Instagram, TikTok, and LinkedIn increasingly used to introduce themselves or their notarial services. However, such practices raise ethical concerns as they contradict Article 4 paragraph (3) of the Notary Code of Ethics, which prohibits any form of professional promotion. This research employs a normative legal method with a literature study approach to analyze the applicable legal provisions within the Notary Law (UUJN) and the Notary Code of Ethics (KEN), as well as to identify the boundaries and legal consequences for notaries who engage in online self-promotion. The results show that notaries are only allowed to use social media for educational and legal awareness purposes, not for commercial interests. Violations of this rule may result in ethical sanctions by the Honorary Council of the Indonesian Notary Association and administrative sanctions by the Notary Supervisory Board. Therefore, it is necessary to update the digital ethics guidelines to provide clearer boundaries for notarial behavior in online spaces, ensuring that integrity, professionalism, and public trust in the notarial profession remain intact amid the rapid development of digital technology.
Meninjau Keabsahan Hak Guna Bangunan PT Indobuildco di Kawasan Gelora Senayan I Gede Yudi Arsawan; Ignatius Pradipa Probondaru
Kertha Wicaksana Vol 20 No 1 (2026)
Publisher : Fakultas Hukum, Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/kw.20.1.2026.52-57

Abstract

The polemic over land control in the Gelora Senayan area on the HGB held by PT Indobuildco and the HPL granted to the State Secretariat of the Republic of Indonesia raises fundamental issues concerning the legality of rights acquisition and legal certainty for the right holder. This research aims to examine the validity of HGB No. 26/Gelora and No. 27/Gelora and to analyze the legal consequences of the issuance of HPL over land on which HGB had been granted earlier. This study employs a normative juridical method with a statutory approach and a case approach, through an examination of land law regulations, legal doctrines, and relevant court decisions. The findings indicate that the granting of HGB to PT Indobuildco in 1972 satisfied the requirements of authority, procedure, and substance; therefore, the rechtstitel underlying the issuance of the HGB was valid and should provide legal protection to the rights holder. Furthermore, the issuance of HPL in 1989 over land that was still encumbered by valid HGB was, in principle, inconsistent with the systematic structure of national land law and contrary to the principle of legal certainty. As long as the HGB remains in force and fulfills the requirements for extension, the state may not unilaterally nullify or set aside such rights through administrative instruments in the form of HPL. Instead, there must first be a lawful mechanism of revocation or release of rights accompanied by compensation for the state to reacquire the land.
Urgensi Para Profesi Sebagai Gatekeeper Dalam Tindak Pidana Pencucian Uang Budi Bahreisy; N. Nurmalawaty; Rini Anggreini; Devi Yulida; Anak Agung Gede Ananta Sahadewa
Kertha Wicaksana Vol 20 No 1 (2026)
Publisher : Fakultas Hukum, Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/kw.20.1.2026.38-47

Abstract

One of the issues that arises in the context of money laundering is the concept of gatekeepers. This concept involves imposing reporting obligations on financial service providers and providers of goods and services. However, for professionals such as lawyers and notaries, these rules have not been accommodated. The problem discussed in this paper is the importance of professional roles as gatekeepers in the realm of money laundering. The research methodology employed in this paper is normative legal research, which refers to legal norms found in legislation and court decisions. The research approach used includes a legislative approach and a conceptual approach. Several points become contentious among professions, hindering the implementation of the gatekeeper concept in Indonesia. Firstly, there are some professions that have yet to fully grasp this concept, despite their potential role as gatekeepers, such as notaries. Secondly, there is a conflict between client confidentiality and the role of a professional, for instance, between clients and lawyers. This creates a dilemma where, on one hand, a lawyer must maintain client confidentiality, but on the other hand, is required to report suspicions. Thirdly, there is resistance from the legislature (DPR) regarding the adoption of this concept, even though the legislature plays a crucial role in shaping laws.
Perlindungan Hukum Terhadap Pekerja Alih Daya Pasca Berlakunya Undang-Undang Nomor 6 tahun 2023 Dewa Gede Doni Anggara Pramudia; I Nyoman Putu Budiartha; Ni Komang Arini Styawati
Kertha Wicaksana Vol 20 No 1 (2026)
Publisher : Fakultas Hukum, Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/kw.20.1.2026.1-9

Abstract

This research examines legal protection for contract workers following the enactment of Law Number 6 of 2023. The background of this research highlights the persistent violations of contract workers' rights in Indonesia, caused by weak legal regulations. The research questions address how legal protection can be provided for contract workers and the rights of those who have reached retirement age. The objective of this study is to analyze legal protection and the rights of contract workers. The expected benefit of this research is to contribute both theoretically and practically to the development of labor law. The research method used is normative legal research with a legislative approach. The results indicate that changes in the Job Creation Law have weakened protections for contract workers, particularly by removing limitations on the types of jobs that can be outsourced. The conclusion of this study emphasizes the need for regulatory revisions to strengthen the protection of workers' rights. Recommendations include enhancing government oversight and raising awareness about legal protections for contract workers.
Analisis Kepastian Hukum Terhadap Standar Keamanan Sertifikat Elektronik Dalam Kepemilikan Tanah Ni Komang Arinda Sastra Pramesti; Made Mulyawan Subawa; Deli Bunga Saravistha
Kertha Wicaksana Vol 20 No 1 (2026)
Publisher : Fakultas Hukum, Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/kw.20.1.2026.66-71

Abstract

The digital transformation in land services through the implementation of electronic certificates in Indonesia constitutes a significant step in modernizing bureaucracy and enhancing legal certainty regarding land ownership rights. This study aims to analyze the legal certainty concerning the security standards of electronic certificates within the context of protecting land rights and landowners' personal data protection. The research employs a normative legal method with statutory and case study approaches. The findings indicate that the issuance of electronic certificates has a strong legal basis through Ministerial Regulation of ATR/BPN No. 1 of 2021, Law No. 11 of 2008 on Electronic Information and Transactions, and Law No. 5 of 1960 on the Basic Agrarian Law (UUPA). Electronic certificates offer various benefits, such as administrative efficiency, transparency, and service accessibility. However, public concerns have arisen regarding data security and the risk of forgery, highlighting the importance of integration with Law No. 27 of 2022 on Personal Data Protection. Protective measures are implemented through the use of certified electronic signatures, validation QR codes, and a layered security system adopting public key cryptography. This system provides legal protection to landowners against misuse and certificate forgery. This study concludes that while the electronic certificate system promises enhanced legal certainty, regulatory strengthening, IT system security improvements, and public education are still required to build public trust in the digital land administration system.
Dimensi Hukum Komunikasi Dalam Pelayanan Rumah Sakit: Suatu Perspektif Medikolegal Muhammad Luthfie Hakim
Kertha Wicaksana Vol 20 No 1 (2026)
Publisher : Fakultas Hukum, Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/kw.20.1.2026.58-65

Abstract

Communication in healthcare is not merely a technical or interpersonal issue, but rather an integral part of the legal and ethical responsibilities of the medical profession. This article aims to examine the legal aspects of communication in hospitals through a normative and analytical approach. The discussion focuses on the classification of communication types (clinical and administrative), effective communication methods (SBAR and closed-loop), and the strategic role of medical records in documenting explanations and informed consent for medical procedures. By examining the provisions of Law Number 17 of 2023 concerning Health, relevant ministerial regulations, and field practice, this article demonstrates that communication and documentation failures are among the main causes of medical disputes in Indonesia. The article also identifies common documentation errors, such as incomplete information, undocumented explanations, or explanations provided by unauthorized parties. The article concludes that effective and well-documented communication not only protects patient rights but also strengthens the legal standing of medical personnel and hospitals. Reforming communication and documentation systems in healthcare facilities should be an integral part of strategies to improve quality and provide legal protection in medical practice.
Implementasi Kebijakan Pemerintah Daerah Bali Dalam Pelestarian Ajaran Hindu Melalui Penyuluhan Keagamaan I Wayan Suwadnyana; I Made Adi Widnyana; Ni Ketut Kantriani
Kertha Wicaksana Vol 20 No 1 (2026)
Publisher : Fakultas Hukum, Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/kw.20.1.2026.48-51

Abstract

This study examines the implementation of Bali’s local government policies in preserving Hindu teachings through religious counseling. The research method used is qualitative with a descriptive-analytical approach. The findings reveal that the local government has initiated various programs such as Dharma Wacana, Dharma Tula, short-term Pasraman, and religious competitions. However, the effectiveness of these efforts is constrained by limited human resources, financial support, and challenges posed by globalization. Recommendations highlight the importance of digitalizing religious counseling, improving the competence of counselors, and strengthening synergy between customary institutions and the local government to ensure the sustainability of Hindu teachings in Bali.
Desentralisasi Penanggulangan HIV/AIDS: Studi Pada Pemerintah Daerah Kabupaten Tulungagung Muhammad Akbar Nursasmita; Putri Langgeng Sari; Ahmad Ibnu Riza; Annisa Nurul Hakim
Kertha Wicaksana Vol 20 No 1 (2026)
Publisher : Fakultas Hukum, Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/kw.20.1.2026.27-37

Abstract

Decentralization of health governance places significant responsibility on local governments to address public health challenges, including HIV/AIDS, through context-sensitive and integrated policies. In Indonesia, particularly in Tulungagung Regency, East Java, despite the establishment of local regulations on HIV/AIDS prevention, a gap remains between the normative legal framework and its practical implementation at the local level. This study examines the decentralized HIV/AIDS response in Tulungagung, with particular attention to the absence of a Regent's Regulation as an implementing instrument for Regional Regulation No. 4 of 2021 concerning HIV/AIDS Prevention and Control. Using socio-legal research methods, this study combines legal analysis with sociological and policy approaches to examine how legal norms operate in practice. The findings indicate that despite the existence of a local legal framework, the absence of a Regent's Regulation as an implementing instrument has resulted in weak policy orchestration, limited intersectoral coordination, limited budgeting mechanisms, and reduced administrative accountability. These conditions undermine the effectiveness of decentralized HIV/AIDS governance and diminish the protection of the right to health for people living with HIV/AIDS. This study concludes that the formulation of Regional Head Regulations not only resolves normative problems and delegation of local regulations, more than that, it can be used as a mechanism for orchestrating cross-sector policies at the local level.
Pertanggungjawaban Pidana Korban dan Batas Pembelaan Diri dalam Kasus Jambret Sleman Djamaludin Djamaludin; Iryana Anwar
Kertha Wicaksana Vol 20 No 1 (2026)
Publisher : Fakultas Hukum, Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/kw.20.1.2026.20-26

Abstract

Debates on the criminal liability of victims who react to an ongoing attack have gained renewed relevance following the enactment of the Indonesian National Criminal Code. The Sleman robbery case, where the victim’s husband was designated a suspect after the perpetrator died during a pursuit, exposes tension between culpability doctrine, self-defense, and law enforcement practice. Prior scholarship has addressed these issues mainly at a conceptual level, with limited focus on the construction of victim liability in concrete post-reform contexts. This normative legal study employs statutory and conceptual approaches to analyze provisions on self-defense, excessive self-defense, and culpability under the National Criminal Code, supported by victimological perspectives. The findings indicate a shift from fault-based liability toward causal liability that risks producing secondary victimization and widening the gap between legal reform and enforcement. Proper assessment of self-defense should therefore function as a preliminary threshold of culpability to preserve the protective role of criminal law.
Hukum dan Kearifan Lokal Dalam Bisnis Pariwisata di Indonesia Ade Saptomo; I Nyoman Putu Budiartha; Lulus Purna Malintang
Kertha Wicaksana Vol 20 No 1 (2026)
Publisher : Fakultas Hukum, Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/kw.20.1.2026.72-78

Abstract

Indonesia is a diverse archipelago, large and small; each archipelago boasts diverse cultures and natural resources, including volcanoes, verdant mountains, beautiful oceans, and beaches. The island of Bali is no different. It boasts not only the beauty of its landscapes but also the creative talents of its inhabitants, making their ideas, hard work, and handicrafts attractive to showcase and even sell as separate assets, skills not possessed by islanders in other countries. The question is how and how to market these natural resources and skills in the tourism business. To answer this question, this paper introduces the concept of local wisdom in the tourism business in Indonesia, specifically Bali, which has long been known as the Island of the Gods. This concept, in addition to legal policies that support tourism, also relies on local strengths, namely the backcountry and the frontcountry, one party and the other, to develop local cultural behavior as a wealth of local wisdom in the tourism business.

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