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Journal Equity of Law and Governance
Published by Universitas Warmadewa
ISSN : 27759512     EISSN : 27765121     DOI : https://doi.org/10.22225/elg.v1i2
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
The scope of this journal area any topics concerning Legal Studies and Human Rights in all aspects. Scientific articles dealing with Civil Law, Indonesian Law, Business Law, Constitutional Law, Criminal Law, Administrative Law, International Law, Philosophy of Law, and Human Rights are particularly welcome.
Arjuna Subject : Umum - Umum
Articles 163 Documents
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The Effectiveness of Law Enforcement on the Crime of Abortion Performed by Underages Ni Nyoman Alit Meilinda Suasthi; I Nyoman Putu Budiartha; I Nyoman Gede Sugiartha
Journal Equity of Law and Governance Vol. 3 No. 2
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55637/elg.3.2.6657.83-88

Abstract

Abortion by minors is prohibited by law, as stipulated in Law Number 35 of 2009 concerning Health under Article 75. Criminal liability for children typically involves punishment or laws that impose penalties equivalent to half of those for adult offenders. Non-criminal abortion is addressed in Article 75, Paragraph 2 of Law Number 35 of 2009 concerning Health, but it mandates counseling or guidance by the authorities before the procedure. In terms of law enforcement effectiveness regarding abortion committed by minors, it involves an investigative process where thorough investigation is conducted by authorities to ensure a fair trial and impose penalties or sanctions that serve as deterrents. The empirical method with an empirical juridical approach utilizing legal concepts and theories is employed in this study. Data for this research is obtained from various literature sources, including legislative regulations and relevant books corresponding to the research title. The study results indicate that while minors are subject to sanctions in compliance with laws and regulations, they are also entitled to government protection as they are deemed legally incompetent and under parental supervision.
Legal Protection for Tourists Through Supervision and Law Enforcement Against Illegal Travel Agencies for Sustainable Tourism in Bali Province Made Setiasa; I Nyoman Putu Budiartha; I Wayan Wesna Astara
Journal Equity of Law and Governance Vol. 3 No. 2
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55637/elg.3.2.8460.89-96

Abstract

The global expansion of tourism carries social, cultural, and economic significance, necessitating effective management. Legal regulations are instrumental in ensuring justice and societal welfare, encompassing human rights fulfillment for tourists, encompassing quality service, safety, and comfort. This requires collaborative synergy between the government, tourism service providers, local communities, and tourists themselves. Empirical research is employed in this study, amalgamating sociological and legal approaches. Primary data is supported by secondary literature. The research explores legalities surrounding supervision and law enforcement, inadequacies in preventing illegal travel ageny (biro perjalan wisata/BPW), law enforcement strategies against such entities, and governmental efforts for tourist legal protection and sustainable tourism realization. Findings affirm that effective regulation, involving stakeholders' responsibility, is vital for justice in the tourism sector. However, challenges persist in effectively preventing illegal travel agencies despite governmental efforts, resulting in discrepancies between issued permits and operational travel agencies. Law enforcement mechanisms primarily leverage Bali Regional Regulation Number 10 of 2020, especially targeting illegal online operations. To ensure tourist protection and Bali's sustainable tourism, governmental persuasion and prevention strategies are pivotal. The study proposes a policy merger and a travel agency permit moratorium to legalize tourism actors, fostering job creation and societal welfare while preserving sustainable tourism in Bali.
Arrangements of Space Utilization Control in Tourism Areas Based on Justice and Local Wisdom in Realizing Community Welfare I Gusti Ngurah Muliarta; I Nyoman Putu Budiartha; I Gusti Bagus Suryawan
Journal Equity of Law and Governance Vol. 3 No. 2
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55637/elg.3.2.8461.97-104

Abstract

This study delves into the regulation of space utilization control in tourism areas, exploring its nature, legal aspects, and models based on Law No. 6/2023. The main legal queries addressed are the nature of these regulations, their alignment with Ratio Legis, and proposing a model for justice-based control in tourism space. Employing a normative legal research methodology, this study adopts statutory, conceptual, legal historical, philosophical, and comparative legal approaches. Primary, secondary, and non-legal materials are used for analysis. The research concludes that controlling space utilization in tourism areas involves fairness and local wisdom, emphasizing alignment with societal values while addressing governmental, business, and community needs. Ratio Legis under Law No. 6/2023 simplifies licensing to foster employment opportunities and community economic growth, overriding zoning regulations. The proposed control model emphasizes; regulating activities based on space suitability, providing incentives and disincentives, aligning with local wisdom values, and imposing sanctions for compliance. This research contributes insights for just and locally rooted control mechanisms, ensuring community welfare while harnessing the potential of tourism spaces in harmony with societal values and legal regulations.
Strengthening Traditional Villages as Legal Subjects in Tourism Business Management in Bali Anak Agung Gede Agung Indra Prathama; I Made Suwitra; Ni Luh Made Mahendrawati
Journal Equity of Law and Governance Vol. 3 No. 2
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55637/elg.3.2.8463.105-110

Abstract

This study explores the elevation of customary villages' status as legal entities in managing the tourism industry in Bali. Through philosophical, sociological, and empirical legal perspectives, this study investigates the challenges faced in regulating tourism on the island. An empirical legal framework approach is utilized with multi-approaches, relying mainly on the philosophical, historical, and case approaches. The development of the cultural tourism industry in Bali highlights the importance of strengthening local wisdom. The focus of this research includes fundamental questions such as the essence of strengthening customary villages as legal entities in managing the tourism industry, as well as mechanisms that contribute to the strengthening of customary villages in the realm of tourism management. The findings confirm that customary villages play an integral role in directing the tourism industry, by upholding customary laws and pararems and recognizing the unity of customary law communities. This highlights the importance of environmental preservation through Tri Hita Karana principles. Modernization of tourism business management includes digital strategies and the merging of traditional markets with modern markets, with an emphasis on traditional village branding. Strengthening indigenous villages in tourism business management requires cooperation between indigenous villages and the Bali Provincial Government, including profit-sharing schemes. Indigenous villages need capital strengthening through the Village Credit Institution (LPD). The success of tourism management led by indigenous villages depends on the use of customary law as a source of legal certainty in managing tourism based on the principles of Pancasila and Tri Hita Karana. Concrete recommendations include the formulation of tourism management standards involving HR, financial management, tour guides, and service standards. This approach aims to encourage sustainable tourism practices and maintain culture in Bali's Indigenous Villages.
Legal Responsibility Hotel Tourism Accommodation Company in Termination of Employment During the Covid-19 Pandemic Fatikhah Kismilarsih; I Nyoman Putu Budiartha; I Gusti Bagus Suryawan
Journal Equity of Law and Governance Vol. 3 No. 2
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55637/elg.3.2.8470.111-119

Abstract

The Covid-19 pandemic significantly impacted tourism accommodation companies, resulting in a drastic reduction in tourist visits and subsequent workforce layoffs, leading to terminations. Normatively, legal regulations have not comprehensively addressed the challenges arising from these terminations during the pandemic, leading to a legal vacuum regarding the responsibilities of accommodation companies towards terminated employees (rechtsvacuum). Empirically, the research focuses on analyzing the implications of legal protection on hotel and tourism accommodation workers facing termination due to the pandemic. This study employs a mixed-methods approach combining legal doctrinal and empirical research. Findings reveal the uncertain legal status of terminated workers in the context of hotel and tourism accommodation companies during the Covid-19 pandemic. Despite being sent home, these workers legally retain their employee status under the Job Creation Law, entitling them to monthly wages, allowances, and other associated rights. The regulatory framework addressing accountability for layoffs during the pandemic includes Article 156 of the Employment Law, Article 156 of the Job Creation Law, as well as PP Number 35 of 2021 and PP Number 37 of 2021. To enhance future accountability models for hotel and tourism accommodation companies regarding employment termination, an addition in paragraph (3) of Article 43 in PP Number 35 of 2021 is suggested specifically concerning laid-off workers' rights and obligations.
Legal Protection for Foreign Workers in Tourism Companies with Post-Divorce Individual Guarantees in Mixed Marriages in Indonesia Desi Purnani; I Nyoman Putu Budiartha; Ni Luh Made Mahendrawati
Journal Equity of Law and Governance Vol. 3 No. 2
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55637/elg.3.2.8474.120-127

Abstract

This research explores the impact of divorce in a mixed marriage on the work permit of Foreign Workers under individual guarantors in Indonesia. Although the work permit remains valid, divorce can reduce the legal protections and guarantees for foreign workers. Their basic rights should not be revoked, however, unresolved obligations and rights with the employing company should be noted. Companies are expected to assist foreign workers as guarantors for divorced ex-spouses, ensuring the completion of the remainder of their work permits. Government intervention is required to harmonize the relationship between companies and foreign workers through regulations governing the duration of work permits from issuance to expiration. Law No. 6 of 2023, passed by the legislature, confirms the state's commitment to protecting citizens' rights related to work and a humane life. This research utilizes the theories of legal protection, legal certainty, benefit, and justice with a juridical-normative and juridical-empirical/sociological approach. The findings highlight the gap between theory and practice, emphasizing the vacuum of norms in the application of the Job Creation Law Number 6 of 2023. The lack of justice, expediency, and legal certainty is related to the legal vacuum in the law.
Legal Liability of Corporations on License Violating in Utilizing Coastal Border For Sustainable Tourism Development in Bali Province Gede Agung Wirawan Nusantara; I Nyoman Putu Budiartha; I Nyoman Gede Sugiartha
Journal Equity of Law and Governance Vol. 3 No. 2
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55637/elg.3.2.8477.128-133

Abstract

Legal liability for corporations that violate permits for using coastal borders for sustainable tourism development in Bali Province aims to examine the effectiveness of law enforcement against violations committed by corporations in utilizing coastal border areas. This research uses empirical legal research. The problem approaches used in this research proposal are the legislative approach, case approach, sociological approach, historical approach, and comparative legal approach. A comparative legal approach is carried out by comparing legal regulations in other countries, namely Canada, Norway, and Japan which have long coastlines. The philosophical basis for regulating corporate responsibility for violating permits in utilizing coastal borderline provisions in the 2nd and 5th principles of Pancasila. The effectiveness of law enforcement against permit violations by corporations in utilizing coastal border provisions for sustainable development is ineffective considering that cases of coastal border violations have not been resolved in accordance with normative provisions. The formulation of legal liability for corporations that violate coastal border permits for sustainable development is carried out with consideration of sustainable tourism development, which requires the formulation of non-litigation resolution of coastal border permit violations, namely with a Restorative Justice model mechanism.
Land Rights Registration for Indigenous Villages Towards a Sustainable Indigenous Village I Nyoman Alit Puspadma
Journal Equity of Law and Governance Vol. 3 No. 2
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55637/elg.3.2.8542.134-139

Abstract

This study aims to explore outcomes relating to the allocation of property rights to legal entities, with an emphasis on the importance of ministerial recommendations regarding such rights. This research utilizes a combined approach of normative and empirical research methods. Normative research methods were utilized to explore the legal and regulatory aspects related to the registration of land rights for indigenous villages, including an analysis of agrarian law, government regulations, and related policies governing the registration of such land rights. On the other hand, empirical research methods were conducted to collect field data related to the implementation of land rights registration for indigenous villages. Data collection was conducted through interviews with land rights certificate holders, direct observation of ngayah activities in indigenous villages, and analysis of the impact of land rights registration on the sustainability of indigenous villages. In the process of data analysis, various techniques were used, including in-depth analysis of agrarian law, government regulations and policies governing the registration of land rights for indigenous villages, in order to draw relevant conclusions. The results show that the allocation of property rights to legal entities has the potential to strengthen indigenous villages and achieve the goal of ajeg Bali. It is important for the government to ensure that these various factors are met in order for property rights to provide significant benefits to the viability and sustainability of the village.
Enforcement of Environmental Criminal Sanctions against Tourism Accommodation Companies Based on Local Wisdom and Restorative Justice Josep Robert Khuana; I Dewa Gede Atmadja; I Gde Artha; I Nyoman Gede Sugiartha
Journal Equity of Law and Governance Vol. 3 No. 2
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55637/elg.3.2.8543.140-148

Abstract

The enforcement of violations in customary law by entrepreneurs in tourism accommodation services has traditionally relied solely on administrative sanctions or fines, lacking legal regulations incorporating local wisdom and restorative justice in environmental criminal enforcement against tourism accommodation entities (empty norms). This study aims to address this gap by exploring (1) the philosophical and juridical foundations of local wisdom in environmental criminal law enforcement against tourism accommodation firms, (2) proposing a model for environmental criminal punishment against these companies, and (3) assessing the legitimacy of environmental criminal sanctions based on local wisdom and restorative justice. Employing a normative legal research method, the study reveals that (1) the philosophical and juridical underpinnings of local wisdom in environmental criminal law enforcement align with the realization of deliberative concepts stipulated in Article 18B paragraph (2) of the 1945 Constitution of Indonesia, (2) the suggested model for environmental criminal punishment adopts a corporate culture model integrated with a dual-track system, emphasizing restorative justice through penal mediation involving deliberation and consensus, (3) the validity and legitimacy of enforcing environmental criminal sanctions against tourism accommodation firms are substantiated through a proposed Bi System, intertwining the criminal justice system with penal mediation, thereby enhancing compliance and resolution within a dual-framework approach.
Credit Restructuring by Bali Regional Development Bank to Debtors During the Covid-19 Pandemic Putu Ayu Sriasih Wesna; Ida Bagus Kade Ari Dwi Putra; I Nyoman Sujana
Journal Equity of Law and Governance Vol. 3 No. 2
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55637/elg.3.2.8630.149-154

Abstract

Restructuring credit serves as a strategic avenue to ameliorate the financial status of businesses facing adversity, especially those entwined with creditor banks, to assist struggling debtors in meeting their obligations. This study delves into the restructuring initiatives undertaken by BPD Bali amid the Covid-19 pandemic, scrutinizing the associated legal implications. This research uses empirical legal research methodology, using a qualitative approach. The data collection techniques used in this research are in-depth interviews, observation, and document analysis. Data obtained from interviews, observations, and document analysis will be analyzed qualitatively. Qualitative analysis is carried out by interpreting the data in depth and thoroughly to produce meaningful conclusions. The result of this study show that the Bali Regional Development Bank's approach involved a meticulous assessment of debtors' integrity and reliability, prioritizing trustworthy customers for credit restructuring. Specifically, for loans ranging from fifty million to five hundred million, the bank adopted reconditioning and rescheduling techniques. The repercussions for debtors entailed a modification in the original agreement with the bank, resulting in the nullification of the initial credit terms initially committed to by both the creditor and debtor.

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