scholarly journals Traditional Fishing Rights for Bendega (Balinese Traditional Fisherman)

2021 ◽  
Vol 8 (2) ◽  
pp. 107-115
Author(s):  
Ni Putu Suci Meinarni ◽  
Komang Redy Winatha ◽  
I Putu Hendika Permana
Keyword(s):  
Local Government ◽  
Cultural Heritage ◽  
Social Organization ◽  
Research Method ◽  
Community Members ◽  
Legal Research ◽  
Fishing Rights ◽  
Government Regulations ◽  
The Right ◽  
Traditional Fishing

Bendega is one of the cultural heritage of Balinese ancestors is a social organization whose existence has begun to decrease. This existence is closely related to their rights and obligations as part of the main community members in the coastal areas of Bali. This study aims to determine the rights and obligations of fishermen based on applicable regulations and to find out whether these rights and obligations have gone in harmony. This study used the normative-empirical legal research method. Normatively, this study is done through literature studies and empirically conducted by distributing random questionnaires to several fishermen in Bali. Based on the analysis, the results of this study showed that some fishermen have never read Local Government Regulations of Bali Number 11 year 2017 about Bendega. Some of them feel the right to catch fish is a result of business activities in other sectors. The effectiveness of legislation has not been running optimally. The community, especially the fishermen, need re-socialization related to their knowledge of Local Government Regulations of Bali Number 11 year 2017 about Bendega, so that they can find out more about their rights and obligations as Bendega.

scholarly journals ANALISIS HISTORICAL TRADITIONAL FISHING RIGHT PADA ZONA EKONOMI EKSKLUSIF (ZEE) INDONESIA

2019 ◽  
Vol 27 (1) ◽  
pp. 83 ◽  
Author(s):  
Satria Unggul Wicaksana Prakasa ◽  
Al-Qodar Purwo
Keyword(s):  
Research Methods ◽  
International Market ◽  
Fishing Ground ◽  
Legal Research ◽  
Fishing Rights ◽  
Iuu Fishing ◽  
Bilateral Agreement ◽  
The Right ◽  
Traditional Fishing ◽  
The Unclos

Indonesian people are shocked by the case of the Chinese Fisheries (KM) with the name KM Kway Fey 10078 which is categorized as a Foreign Fish Boat (KIA) fishing around the Natuna Islands waters which are the territorial waters of the Indonesian EEZ. The concept of historical traditional fishing ground towards waters in the Natuna sea region which in fact is still an Indonesian EEZ area needs to be further analyzed. The formulation of the problem in legal research are: (1). Theoretical and regulatory regarding Historical Traditonal Fishing Ground based on UNCLOS 1982. (2). The provisions of IUU Fishing are based on UNCLOS 1982 and Indonesian legislation is applied in the case of Historical Traditonal Fishing Ground which catches fish in Indonesian (EEZ) waters. Legal research methods are used with statute approaches and conceptual approaches. The results of this research are (1). If without a bilateral agreement, it is in accordance with the UNCLOS 1982 Historical Traditions of Fishing Ground is categorized as one of the IUU Fishing and violations of jurisdiction and territorial integrity of Indonesia, where Indonesian legal authorities have the right to take action on every fisherman who claims to have traditional fishing rights in accordance with Indonesian legal mechanisms. (2). Needs support from countries to implement policies, programs, and practices from these countries to make this rule implementable, so that there is an impact of remedy for countries that are considered to do IUU Fishing under the pretext of using historical traditional fishing right, then fish commodities arrested was prohibited from being traded on the international market, because the commodity was captured from a process of violation of international marine law and violation of jurisdiction and sovereignty of the State.

scholarly journals Implementasi Peraturan Daerah Kabupaten Badung Nomor 10 Tahun 2017 tentang Kawasan tanpa Rokok pada Tempat Wisata

2020 ◽  
Vol 1 (1) ◽  
pp. 55-59
Author(s):  
Karinka ◽  
I Ketut Sukadana ◽  
I Nyoman Sutama
Keyword(s):  
Human Rights ◽  
Cigarette Smoke ◽  
Research Method ◽  
Civil Service ◽  
Public Knowledge ◽  
Legal Research ◽  
Tourist Attractions ◽  
Inhibiting Factor ◽  
The Right

Smoking belongs to the right of all people, but smoking can interfere with Human Rights because the distribution of cigarette smoke produced by smokers can interfere with the health of people around. In Bali, tourist attractions are one of the non-smoking areas. This is stated in the Regional Regulation of Badung No. 10 of 2017 concerning Non-Smoking Areas. Related to this, the study examines two things, that is, the regulation of No-Smoking Areas in the tourist attractions in Badung Regency and the implementation of the Regional Regulation of Badung No. 10 of 2017 on the tourist attractions. The research method used is empirical legal research that is conducting a direct research followed by analyzing data and presented in qualitative manner. In its regulation, Civil Service Police Unit (Satpol PP) as the enforcer of the regional regulation has conducted supervision on tourist attractions and sanctions given in accordance with the Article 21 Number (10) of 2017 of the Badung Regency Regional Regulation. Its application has been done through socialization to the manager of tourist attractions, but the lack of public knowledge about the non-smoking areas in tourist attractions has been appearing as an inhibiting factor.

scholarly journals MENYOAL KETENTUAN USUL PINDAH PEGAWAI NEGERI SIPIL DI LINGKUNGAN PEMERINTAH DAERAH KABUPATEN NIAS BARAT (Questioning of Civil Servants Shift Appeal Provisions in Neighbourhood of Local Government of Nias Barat Regency)

2016 ◽  
Vol 16 (1) ◽  
pp. 95
Author(s):  
Eka N.A.M Sihombing
Keyword(s):  
Human Rights ◽  
Local Government ◽  
Research Method ◽  
Civil Servants ◽  
Legal Research

This research tried to elaborate implementation of human rights and principles of suitability types, hierarchy, and material of regional regulation making. The main problem was whether in the making regional regulation of Nias Barat Regency, No. 8 / 2014 on Provisions of shift appeal of Civil Servants in Nias Barat Local Government neighbourhood, have paid attention to human rights and the principles of suitability types, hierarchy, and material of regional regulation making. It aimed to find out the implementation of human rights principles, especially right to develop their potency and its implementation. Hopefully, it also could contribute and have the benefit of knowledge of legislation and understanding for lawmakers related to the implementation of human rights and the principles of suitability types, hierarchy, and material of regional regulation making. It was a normative legal research method with analytical descriptive type. The result of this research showed that the provisions of regional regulation No.8/2014 did not show the interest in human rights principles, especially right to develop their potency and the principles of suitability types, hierarchy, and material of regional regulation making. Keywords: Civil Servants, Local Government ABSTRAKTulisan ini mencoba untuk menguraikan implementasi penerapan hak asasi manusia dan asas kesesuaianjenis, hierarki, dan materi muatan peraturan perundang-undangan dalam pembentukan peraturan daerah.Pokok permasalahan dalam tulisan ini adalah apakah dalam membentuk Peraturan Daerah Kabupaten Nias Barat Nomor 8 Tahun 2014 tentang Ketentuan Usul Pindah Pegawai Negeri Sipil di Lingkungan Pemerintah Daerah Nias Barat telah memperhatikan prinsip-prinsip Hak Asasi Manusia dan asas kesesuaian antara jenis, hirarki dan materi muatan peraturan perundang-undangan. Tujuan dari penulisan ini adalah untuk mengetahui penerapan prinsip hak asasi manusia khususnya hak untuk mengembangkan diri dan penerapan asas kesesuaian antara jenis, hirarki dan materi muatan peraturan perundang-undangan dalam pembentukan Peraturan Daerah Kabupaten Nias Barat tentang Ketentuan Usul Pindah Pegawai Negeri Sipil di Lingkungan Pemerintah Kabupaten Nias Barat. Tulisan ini juga diharapkan dapat memberikan kontribusi dan berguna bagi pengembangan ilmu pengetahuan perundang-undangan serta dapat memberikan pemahaman bagi organ pembentuk peraturan daerah terkait penerapan prinsip HAM maupun asas kesesuaian antara jenis, hirarki dan materi muatan peraturan perundang-undangan. Metode penelitian yang dipergunakan adalah penelitian hukum normatif dengan sifat deksriptif analitis. Hasil penelitian menunjukkan bahwa ketentuan Peraturan Daerah Nomor 8 Tahun 2014 tentang Ketentuan Usul Pindah Pegawai Negeri Sipil di Lingkungan Pemerintahan Nias Barat tidak memperhatikan prinsip HAM khususnya hak untuk mengembangkan diri dan tidak memperhatikan asas kesesuaian jenis, hierarki dan materi muatan peraturan perundang-undangan. Kata Kunci: Pegawai Negeri Sipil; Pemerintah Daerah

scholarly journals The Certainty And Legal Protection To The Buyer's Auction Of The Mortgage Right Object On Online Auctions At The Service Of Wealth State Office And Auction (KPKNL)

Jurnal Akta ◽  
2018 ◽  
Vol 5 (2) ◽  
pp. 481
Author(s):  
Arif Budi Pamungkas ◽  
Djauhari Djauhari
Keyword(s):  
Research Method ◽  
Online Auctions ◽  
Legal Protection ◽  
Legal Certainty ◽  
Legal Research ◽  
The Public ◽  
State Office ◽  
The Law ◽  
The Right ◽  
The Way

An auction is an activity of selling of goods in public by means of a verbal-bid to get the higher price or to get lower prices and the price quote can be done in a closed and written. This is done by the way of collecting the prospective buyers of the auction led by officials of the auction. In this case, the intended auction was the sale of goods that are held publicly. The auction, according to the regulations of security right, is when the debtor made a breach, the holder of the security rights have the right to sell the security rights’ objects over its own power through a public auction as well as taking payment of account receivable from the sale proceeds. An auction is an alternative to the sale of an undertaken asset by way of inviting prospective buyers at a particular time and place in which the last highest bidder in writing or orally is determined as the winner. The author used socio-legal research as his research method. To meet the forth standards set by the law, the auction should be widely announced to the public, either through printed file, electronic or visual. A legal certainty as a basis which concerned with propriety and justice is very closely related to the principle of auction sales in another. As the formulation of the problem of the form of identification of the problem, namely how the legal protection of the auction buyers encountered the obstacles as well as the solution.Keywords: Auction; Legal Protection; Mortgage Right

scholarly journals Hak dan Kewajiban Krama Desa terhadap Karang Desa di Desa Adat Tumbu Karangasem

2021 ◽  
Vol 2 (1) ◽  
pp. 121-125
Author(s):  
Putu Aditya Palguna Yoga ◽  
I Made Suwitra ◽  
I Ketut Sukadana
Keyword(s):  
Research Method ◽  
Legal Research ◽  
Conceptual Approach ◽  
Mutual Cooperation ◽  
Interview Techniques ◽  
The Right ◽  
The Village ◽  
The Relationship ◽  
Legal Consequences

The relationship between the ruler and the land is closely related to obligations in the form of ayahan for village karma for both the banjar and the village. This study aims to determine the control of village coral and the legal consequences if there is village karma that neglects its obligations. The research method used in this research is empirical legal research with a conceptual approach. Data that has been collected through interview techniques. The results of this study indicate that the right for village krama who has carried out their obligations is to legally obtain Karang Desa land protected by the village. If Krama Desa dies, he will receive land. Meanwhile, the obligation of the village manners who occupy the village reef is obliged to take part in the village temple during the odalan fee in the form of pepesan money (klangsah palpalan penjor) and must be present at the time of mutual cooperation activities. Through this research, it is hoped that the village officers will socialize more often about Karang Desa, especially regarding their rights and obligations so that one day the Krama Desa who violates them will not be given sanctions.

scholarly journals Peranan Perancang Peraturan Perundang-Undangan Dalam Pembentukan Peraturan Daerah

2020 ◽  
Vol 2 (1) ◽  
pp. 109-113
Author(s):  
Ida Ayu Dyah Permata Dewi ◽  
Ida Ayu Putu Widiati ◽  
I Ketut Sukadana
Keyword(s):  
Local Government ◽  
Research Method ◽  
Final Phase ◽  
Legal Research ◽  
Legal Effect ◽  
Year 2013

Local Government has the rights to enfore each local provisions and other acts to exercise autonomy and co-administration duty. In each phases of the drafting of legislation, it involves the drafter of such legislation. The problem in this article is regarding the position and the duty of a drafter during the drafting of a local legislation as well as the implementation of the participation of a drafter in drafting of local legislation in the province of Bali. This research uses empirical legal research method. The result of this research shows that the position and duty of a drafter of a legislation in the drafting of local legislation is very important, namely to prepare, process, and formulate the draft of legislation and other legal instruments. Moreover, the implementation of the participation of the legislative drafters in the drafting of local legislation in the province of Bali, there are still 3 Districts or Cities which have not involve a drafter in the drafting of local legislation. The comparison of revoked legislation from the year 2013-2018 between Districts or Cities which do involve drafters and the Districts or Cities which do not involve a drafter shows a significant gap of numbers. However in the year 2018, the implementation of the drafters' involvement in the drafting of local legislation in the provincr of Bali is starting to be involved from the beginning to the final phase. Therefore the implementation of the drafters' involvement is starting to proceed effectively. The legal effect of not involving drafters explicitly, no legislation has clearly sanctioned such situasion, hence, there is an empty norm in this case. Pemerintah Daerah berhak menetapkan peraturan daerah dan peraturan perundang-undangan lain untuk melaksanakan otonomi dan tugas pembantuan. Dalam setiap tahapan pembentukan peraturan perundang-undangan mengikutsertakan perancang peraturan perundang-undangan. Permasalahan dalam penelitian ini adalah mengenai kedudukan dan tugas perancang dalam pembentukan perda serta pelaksanaan keikutsertaan perancang dalam pembentukan perda di Provinsi Bali. Penelitian hukum ini menggunakan metode empiris. Hasil penelitian menunjukkan bahwa Kedudukan dan Tugas Perancang Peraturan Perundang-undangan dalam Pembentukan Peraturan Daerah sangat penting yaitu menyiapkan, mengolah, dan merumuskan rancangan peraturan perundang-undangan dan instrumen hukum lainnya. Sedangkan Pelaksanaan Keikutsertaan Perancang Peraturan Perundang-undangan Dalam Pembentukan Peraturan Daerah Di Provinsi Bali, masih terdapat 3 Kabupaten atau Kota yang belum melibatkan perancang dalam pembentukan perda. Perbandingan jumlah perda yang dicabut dari tahun 2013-2018 antara Provinsi atau Kabupaten yang melibatkan perancang dengan Kabupaten atau Kota yang belum melibatkan perancang tidak menunjukkan perbandingan jumlah angka yang signifikan. Akibat hukum apabila tidak mengikutsertakan perancang secara ekplisit, peraturan perundang-undang tidak mencantumkan secara tegas mengenai sanksi sehingga terdapat norma kosong dalam hal ini.

scholarly journals URGENCY OF INSURANCE FOR CULTURAL HERITAGE BUILDING IN SURABAYA

Yuridika ◽  
2018 ◽  
Vol 33 (2) ◽  
pp. 232
Author(s):  
Hilda Yunita Sabrie
Keyword(s):  
Local Government ◽  
Cultural Heritage ◽  
Local Governments ◽  
Research Method ◽  
Local Community ◽  
Third Parties ◽  
Insurance Companies ◽  
Conceptual Approach ◽  
Heritage Buildings ◽  
Heritage Building

The cultural heritage of a region is the identity and richness of history for the region. Given the importance of the existence of cultural heritage in an area, the local government should pay special attention to the continuity of its existence. Through inventory, listing the cultural heritages, maintenance until its restoration must be done properly and continuously. This is not only the responsibility of the local government, but it is the responsibility of all parties including the local community. But in practice, local government or society are less concerned about the existence of cultural heritage in the area. This research focuses on cultural heritage buildings in Surabaya because this city is one of the cities in Indonesia which has many buildings of cultural heritage with various conditions. Local governments need to act quickly and effectively to solve the problem, so the solution can be done by including third parties such as insurance companies engaged in the insurance of losses, which can help to cover some form of damage that occurred in the building of the reserve culture in Surabaya. From the problems mentioned above, the research method used is statute approach and conceptual approach.

scholarly journals WEWENANG KEPOLISIAN MENGADAKAN TINDAKAN LAIN DALAM MEMBERIKAN PERLINDUNGAN HUKUM TERHADAP ANAK MENURUT UNDANG-UNDANG NO.11 TAHUN 2012 TENTANG SISTEM PERADILAN PIDANA ANAK

2013 ◽  
Vol 2 (3) ◽  
Author(s):  
I Wayan Juwahyudhi
Keyword(s):  
Juvenile Offenders ◽  
Justice System ◽  
Research Method ◽  
Legal Protection ◽  
Negative Effects ◽  
Legal Research ◽  
Effects On Children ◽  
The Law ◽  
The Government ◽  
The Right

ABSTRACTOne of the police authorities is a discretionary action, where the action can also be done at the time of the investigation in dealing the juvenile offenders to protect children’s right to get justice and maximum legal protection. In the Law Number 11 of 2012 on the Juvenile Criminal Justice System stipulate about the investigator authority to carry out action of diversion, but this only applies to children under sentence of less than 7 years in prison and does not apply in children who are subject to punishments of more than 7 years in prison. This is contrary to the 1945 Constitution and the Law Number 23 of 2002 which emphasizes the protection of children before the law an the efforts to avoid imprisonment of the juvenile offenders.The thesis describes the police authority and the legal mechanisms and policies by the investigator in protecting the right on the juvenile offenders that puts the principles of legal protection. In order to avoid negative effects on children, therefore the police discretion is needed to avoid restrictions on freedom of the children’s right. The method used is a normative legal research method, where the normative or library legal research method is done by examining existing library materials.The writer suggested to the government to be more serious in dealing with the problems of children, especially for the juvenile offenders so that the welfare and right of children are protected and to avoid restrictions on freedom and minimize for juvenile offenders.

scholarly journals Penyelesaian Perkara Pelanggaran Hak atas Merek

2020 ◽  
Vol 1 (2) ◽  
pp. 67-71
Author(s):  
I Gede Mahendra Juliana Adiputra ◽  
Ida Ayu Putu Widiati ◽  
Ni Made Puspasutari Ujianti
Keyword(s):  
Dispute Resolution ◽  
Alternative Dispute Resolution ◽  
Research Method ◽  
Legal Protection ◽  
Geographical Indications ◽  
Legal Research ◽  
The Law ◽  
The Right ◽  
Mutual Agreement

The existence of competition causes the original brand owner to feel disadvantaged because the sales result has decreased. It is permissible for someone to use another party's mark as long as they ask permission from the trademark owner first. The owner can give trademark rights to other people as agreed in an agreement. The formulation of the problem in this research is as follows: how is the legal protection of trademark rights and how to resolve violations of trademark rights. The research method used in this research is normative legal research. The results of the discussion in this study are as follows: Legal protection of the right to a trademark has been regulated by Law Number 20 of 2016 concerning Trademarks and Geographical Indications, in the provisions of the Law it is expressly stated that if it has been registered in the law that the right to a trademark has been protected. The sanction imposed on the perpetrator of the crime of trademark rights is a fine of Rp. 20,000,000, - (twenty million rupiah) on condition that if the fine is not paid, he will be subject to imprisonment for 6 (six) months. Settlement of trademark cases can be carried out through institutions that can be used to resolve trademark disputes, including: Alternative Dispute Resolution, Arbitration and Courts. Alternative dispute resolution wants the disputing parties to resolve their own dispute with the aim of obtaining a mutual agreement, if the agreement fails, can take arbitration, namely the disputing parties to be able to resolve the dispute to the arbitration institution based on the agreement, furthermore, if the arbitration is successful the last action is through the court, namely the commercial court which has the authority to adjudicate trademark disputes.

scholarly journals Position of Tax Debt and Labour Right: Legal Review

2020 ◽  
Vol 1 (4) ◽  
pp. 1-8
Author(s):  
Sonya Liani Ramadayanti
Keyword(s):  
Research Method ◽  
Special Treatment ◽  
Tax Law ◽  
Bankruptcy Law ◽  
Constitutional Court ◽  
Legal Research ◽  
Labour Law ◽  
Legal Principles ◽  
Legal Rules ◽  
The Right

This study aims to explain the position of tax debt and labour right in bankruptcy. The legal research method used in this research using normative research, the legal rules and legal principles used related to bankruptcy law, tax law and labour law will be a reference in describing the problem of the position of tax debt and labour right in bankruptcy cases. The Taxation Law gives a special treatment and higher position on which the tax debt is first to be paid by the debtor and followed by the right borne by the separatist creditor. On the other hand, Law Number 13 of 2003 concerning Employment also regulates that the labour of the wages and other rights of the labour and positioned the labour as preferred creditor on which the privilege is given by the law. However, there are no statements in the Employment Law that stated the position of labour as a preferred creditor is higher than separatist creditor in the matter of bankrupt as what the Taxation Kaw expressed creditor is higher than the separatist creditor within the matter of tax payment. That distinction seems positioned the preferred creditor status of labour is lower than the position of separatist creditor on the matter of right fulfillment in bankruptcy. It is certainty that the statement which stated that the collection of tax debts have the right to preceded than other debts does not fit in this matter. Eventually, there is a decision of Constitutional Court Number 67/PUU-XI/2013 that provides a change within the position labour’s right on the matter of bankruptcy.

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