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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 168 Documents
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Pelanggaran Peran Sosial dan Etika Guru: Analisis Kekerasan Seksual di MAN 1 Gorontalo Berdasarkan Teori Talcott Parsons Siti Khalimah
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.19.1.2025.63-71

Abstract

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.
Polemik Keberadaan Izin Tinggal Terbatas Investor Terhadap Keamanan Nasional Republik Indonesia Eiunike Aurora Shafia Putri; Ni Wayan Rainy Priadarsini
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.19.1.2025.48-57

Abstract

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.
Perbandingan Konsep Orisinalitas Karya Cipta Ilustrasi Hasil AI Antara Indonesia dan Swedia Naeli Rizqi Marhamah
Kertha Wicaksana Vol 19 No 2 (2025)
Publisher : Fakultas Hukum, Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/kw.19.2.2025.129-141

Abstract

Illustrations generated by artificial intelligence (AI), commonly referred to as Artificial Intelligence Generated Content (AIGC), have raised significant challenges in copyright law, particularly concerning originality, ownership, and enforcement. This study aims to analyze and compare the legal approaches of Indonesia and Sweden regarding the protection and enforcement of copyright for AI-generated illustrations. Employing a normative juridical-comparative method, the findings reveal that AI-generated illustrations do not qualify for copyright protection in either Indonesia or Sweden due to the inability of AI to satisfy the originality principle, which requires human creativity, and its incapacity to be recognized as a legal subject. In Indonesia, the Copyright Law (Law No. 28 of 2014) does not explicitly regulate works produced by AI. In contrast, Sweden has made significant progress by harmonizing its domestic regulations with the European Union’s AI Act, set to be fully implemented by 2026. As part of enforcement efforts, the national research body “AI Sweden” plays a pivotal role in exploring mechanisms for enforcing copyright over AI-generated illustrations. This study recommends revising Indonesia's Copyright Law to ensure relevant legal protection and develop effective enforcement mechanisms for AI-generated illustrations, aligning with technological advancements and the needs of the creative industries.
Peran Qanun dan Reusam terhadap Penanganan Anak yang Berhadapan dengan Hukum di Aceh Rini Anggreini; Devi Yulida
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.19.1.2025.72-82

Abstract

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.
DASAR PEMIKIRAN PEMBERIAN SIFAT FINAL DAN MENGIKAT DEWAN KEHORMATAN PENYELENGGARA PEMILU SEBAGAI LEMBAGA ETIK I Gede Druvananda Abhiseka
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.19.1.2025.1-7

Abstract

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.
Pengelolaan, Pemanfaatan, dan Pelestarian Hutan Mangroove Sebagai Wisata Religi di Desa Adat Sesetan, Denpasar I Gusti Agung Ayu Gita Pritayanti Dinar; I Made Pria Dharsana; Kade Richa Mulyawati; I Kadek Wahyu Dwi Payana; Putu Marita Maharani Putri; Kadek Nadya Pramita Sari
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.19.1.2025.8-12

Abstract

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.
PENATAAN MINI MARKET BERDASARKAN PP NOMOR 5 TAHUN 2021 TENTANG PENYELENGGARAAN PERIZINAN BERUSAHA BERBASIS RESIKO DI KABUPATEN BANGLI Ni Made Puspasutari Ujianti; A.A Sagung Laksmi Dewi; Luh Putu Suryani
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.19.1.2025.13-17

Abstract

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.
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.
Peran Hukum Dalam Meningkatkan Etika Bisnis Di Perusahaan Media Online Ni Putu Ega Maha Wiryanthi
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.19.1.2025.18-28

Abstract

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.
Tinjauan Hukum Terhadap Kepemilikan Saham Dalam Perseroan Terbatas Sebagai Harta Waris Andyna Susiawati Achmad; Astrid Athina Indradewi
Kertha Wicaksana Vol 19 No 2 (2025)
Publisher : Fakultas Hukum, Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/kw.19.2.2025.164-171

Abstract

Inheritance of shares in a Limited Liability Company is a form of legal transfer of rights that occurs automatically upon the death of the testator, as regulated in the Civil Code (KUHPer) and specifically in Law Number 40 of 2007 concerning Limited Liability Companies (UUPT). However, in practice, the inheritance of shares does not always run smoothly because it can cause problems, especially if there are objections from other shareholders who refer to the provisions in the Company's Articles of Association. This objection is often based on concerns that it will disrupt the stability and direction of the company's leadership. Therefore, it is important to examine in depth how the mechanism of inheritance of shares can still guarantee the rights of heirs without neglecting the continuity and business interests of the Limited Liability Company itself. This study uses a normative legal research method with a statutory and conceptual approach, and aims to collect and analyze relevant secondary data. The results of the study indicate that the inheritance of shares in a Limited Liability Company must be placed within a legal framework that not only respects the civil rights of heirs, but also takes into account the collective interests of shareholders and the sustainability of the company's operations as a whole. Thus, it is necessary to harmonize positive legal provisions and internal company practices to create justice and legal certainty for all interested parties.

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