scholarly journals Implementation of Regional Regulation of Tabanan Regency Number 11 of 2018 Concerning Tourism Village Related to Increasing Investment Interest in Tabanan Regency

2021 ◽  
Vol 8 (2) ◽  
pp. 116-121
Author(s):  
Ni Putu Santya Dewi ◽  
I Nyoman Sujana ◽  
I Wayan Wesna Astara
Keyword(s):  
Research Method ◽  
Legal Research ◽  
Local Regulation

Tourism that developed in Bali is an important sector for Tabanan Regency in increasing its tourism assets. Formation of Tabanan Regency Regulation No. 11 of 2018 concerning Tourism Villages is a legal umbrella that is expected to be able to increase investment interest in Tabanan Regency. The purpose of this study is to examine the regional regulation of Tabanan regency number 11 of 2018 concerning tourism villages related to increased investment interest in Tabanan regency and to examine the effectiveness of local regulation of Tabanan regency number 11 year 2018 regarding tourism villages related to increased investment interest in Tabanan regency. Furthermore, the method used in this study is empirical legal research method, meanwhile, a sociology approach is an approach used in this study. The results obtained from the study are that the implementation of Tabanan Regency Regulation Number 11 Year 2018 concerning Tourism Villages has been systematic, involving the role of regional apparatus and the community; and Tabanan Regency Regulation Number 11 Year 2018 regarding Tourism Villages related to increased investment interest has not been effective because there are still many obstacles and obstacles found.

The Law Enforcement Weakness of Songs and Musics Copyright Crimes

2021 ◽  
Vol 3 (1) ◽  
pp. 139-154
Author(s):  
Edi Tuahta Putra Saragih ◽  
Muhammad Citra Ramadhan ◽  
Isnaini Isnaini
Keyword(s):  
Law Enforcement ◽  
Research Method ◽  
Copyright Infringement ◽  
Copyright Law ◽  
Cultural Factor ◽  
Legal Research ◽  
The Real ◽  
The Law ◽  
Real Picture

This research aimed to: (a) obtain the forms of copyright infringement of songs and/or music (with or without lyrics); (b) understand the role of the police, in this case the Police Precinct, in the law enforcement; (c) identify the factors that influenced the law enforcement. The research method used the normative-empirical legal research, with the initial stages of specifying norms in order to get the proper picture, and then specifying empirical events in order to get the real picture. The research results showed several matters: 1) The forms of copyright infringement of songs and/or music (with or without lyrics) found included: the distribution of the works or the copies, the performances of the works, and the announcements of the works; 2) Police Precinct did notultimately carry out their role as a law enforcer for the copyright infringement of songs and/or music (with or without lyrics); and 3) The factors that influenced the law enforcement on the copyright infringement of songs and/or music (with or without lyrics), namely: legislation factor, in the matter of complaint offenses; law enforcement factor, in terms of the capacity of members; less supportive factor of facilities and infrastructure; legal awareness factor, in the problem of the lack of legal counseling; and cultural factor, related to the differences in norms in the copyright law between those in society and those in regulations. 

scholarly journals TanggungJawab Polri dalam Pengamanan Calon Kepala dan Wakil Kepala Daerah di Kota Denpasar

2021 ◽  
Vol 2 (3) ◽  
pp. 558-562
Author(s):  
Dimas Putra Wicaksana ◽  
Agung Anak Sagung Laksmi Dewi ◽  
Luh Putu Suryani
Keyword(s):  
Research Method ◽  
Secondary Data ◽  
Legal Research ◽  
Responsible Action ◽  
National Police ◽  
Article 5 ◽  
Security Procedures

The responsibility of the National Police in securing the candidates who will be elected as regional heads and also their deputy is a responsible action during the regional head elections, therefore the police apparatus is very important in maintaining security and order during the election. This study examines the form of security for candidates for regional heads and deputy regional heads in Denpasar City and explains the responsibility of the National Police for the security of candidates for regional heads and deputy regional heads in Denpasar City. The research method used is an empirical legal research method, with a statutory approach. The data used are primary and secondary data obtained by interview, observation and documentation techniques. The results of the study indicate that the security procedures for candidates who will be elected as regional heads and also their representatives in Denpasar City are referred to the rules implemented by the Denpasar Police and based on Article 5 paragraph (2) of Law No. 2 of 2002 concerning the Police. While the responsibility of the National Police for the security of candidates who will be elected as regional heads and also their representatives in Denpasar City is as the bearer of obligations, especially under the command of the Chief of Police, one of the main tasks of carrying out these obligations is the role of the Police as an intelligence unit in overcoming potential security disturbances.

Injustice during Night Work for Female Employees: A Lesson from Samarinda, Indonesia

2019 ◽  
Vol 2 (2) ◽  
pp. 32-38
Author(s):  
Rio Arif Pratama ◽  
Bayu Prasetyo ◽  
Asnawi Mubarok ◽  
Ikhwanul Muslim
Keyword(s):  
Research Method ◽  
Research Information ◽  
Legal Research ◽  
Specific Target ◽  
Female Workers ◽  
East Kalimantan ◽  
Legal Provisions ◽  
Female Employees ◽  
Working Rules

Night working rules are legal provisions that give rights to female workers who work from 23:00 p.m.to 07:00 a.m.provided by employers. Night working rules for women have certain characteristics of potential hazards which are different from other profession. This study aims to determine the effectiveness of night working rules for female workers in Samarinda City. The specific target to be achieved in this study is to identify company that employs female workers from 23:00 p.m. to 07:00 a.m. and to review the role of labor inspectors in enforcing night working rules for female workers in Samarinda City. The method of this study is empirical legal research method which is analyzed qualitatively. The results of the study will be described analytically. The results of this study found that there were many violations of the night working rules, besides that female workers did not know what rights they should have gotten from their employers. The role of labor inspectors is still ineffective, even in some places there were some companies which night working rules had not been supervised by labor inspector. The implications of this research will be submitted to the Department of Manpower and Transmigration of East Kalimantan Province as a contribution of research information on the effectiveness of night working rules for female workers in Samarinda City.

scholarly journals EKSISTENSI OTONOMI DESA PAKRAMAN DALAM PERSPEKTIF PLURALISME HUKUM

2014 ◽  
Vol 3 (3) ◽  
Author(s):  
Anak Agung Istri Ari Atu Dewi
Keyword(s):  
Legal System ◽  
Research Method ◽  
Legal Pluralism ◽  
Customary Law ◽  
Legal Interpretation ◽  
State Law ◽  
Legal Research ◽  
Local Regulation ◽  
Traditional Institution ◽  
The Republic

The purpose of this research is to discover the existence of autonomy of Desa Pakraman in legal pluralism perspective. Related with that purpose, there are two issues that will be discussed, first, how does the existence of the autonomy of Desa Pakraman in Indonesia’s legal system?,Second, how does the existence of the autonomy of Desa Pakraman in legal pluralism perspective?. The research method is normative legal research using statue approach, concept approach and analytical approach and law analysis by using legal interpretation. Based on the problems, the results of discussion are : first, the existence of the autonomy of Desa Pakraman within the Indonesia’s legal system has regulated in the 1945 Constitution of the Republic of Indonesia, national and local Regulations. In the Constitution, specifically Article 18 B of paragraph (2), declare that the states recognizes Desa Pakraman and their traditional rights. In regulation of Law No.5 of 1960 concerning basic Agrarian Law (UUPA), regulation of Human Rights, and regulation of Desa (Village) are clearly recognize Desa Pakraman as traditional institution has traditional rights, one of it is the autonomy of Desa Pakraman. At the local regulation, autonomy Desa Pakraman has regulated in Local Regulation about Desa Pakraman. Second, that existence of autonomy Desa Pakraman in perspective legal pluralism is that the existence autonomy Desa Pakraman is a weak legal pluralism. In perspective weak legal pluralism the state law as a superior and the customary law as an inferior, its position in the hierarchy under State law. As a theory, the semi-autonomous social field from Sally Falk Moore perspectives that Desa Pakraman is semi-autonomous. Desa Pakraman has capacity to hold their village based on the customary law and outomaticly Desa Pakraman to be in framework of state law.

scholarly journals Cyber Espionage Sebagai Ancaman Terhadap Pertahanan Dan Keamanan Negara Indonesia

2021 ◽  
Vol 1 (1) ◽  
pp. 12-25
Author(s):  
Evi Dwi Hastri
Keyword(s):  
Cyber Security ◽  
Research Method ◽  
Comparative Approach ◽  
National Defense ◽  
Cyber Defense ◽  
Legal Research ◽  
Conceptual Approach ◽  
Cyber Espionage ◽  
The Stability

This research aims to analyze the norms that have a blur (Vague Norm) against Cyber Espionage related to Indonesia's legal ability to accommodate Cyber Espionage attacks. In addition, this study also aims to analyze Indonesia's efforts to overcome the Cyber Espionage attack that could threaten the stability of national defense and security. The type of research in the legal research method used is normative juridical with three problem approaches, namely the Statute Approach, Conceptual Approach, and Comparative Approach. Primary and secondary legal materials that have been collected will be processed through deductive methods and an analysis of legal materials is carried out, namely by systematic interpretation and extentive interpretation. So based on the results of the discussion, then there is a Vague Norm about Cyber Espionage that affects Indonesian law in accommodating. The efforts taken by Indonesia to deal with Cyber Espionage outside of juridical efforts began with the preventive efforts of Cyber Security and Cyber Defense, optimizing the role of the TNI, BIN, and POLRI as national resources in defending the country's defense.

scholarly journals Dilema Hakim Pengadilan Agama dalam Menyelesaikan Perkara Hukum Keluarga Melalui Mediasi

2021 ◽  
Vol 4 (1) ◽  
pp. 115-124
Author(s):  
Erie Hariyanto ◽  
Moh. Efendi ◽  
Sulistiyawati Sulistiyawati
Keyword(s):  
Supreme Court ◽  
Research Methods ◽  
Research Method ◽  
Family Law ◽  
Legal Research ◽  
The One ◽  
Religious Courts

This article aims to determine the role of judges in resolving family law cases through mediation in the Religious Courts, where judges have the position as state officials as regulated in Law Number 43 of 1999 concerning Basic Personnel, can also be a mediator in the judiciary. as regulated in Supreme Court Regulation Number 1 of 2016 concerning Mediation Procedures where judges have the responsibility to seek peace at every level of the trial and are also involved in mediation procedures. The research method used in this article uses normative legal research methods. Whereas until now judges still have a very important role in resolving family law cases in the Religious Courts due to the fact that there are still many negotiating processes with mediation assisted by judges, even though on the one hand the number of non-judge mediators is available, although in each region it is not evenly distributed in terms of number and capacity. non-judge mediator.

scholarly journals Reconstruction Parate Execution of Liability Rights and Roles the Parties in the Determination of Auction Price Limit Value Justice Based Warranty

2021 ◽  
Vol 8 (2) ◽  
pp. 569
Author(s):  
Mochamad Mochtar ◽  
Abdul Rachmad Budiono ◽  
Iwan Permadi ◽  
Siti Hamidah
Keyword(s):  
Research Method ◽  
Legal Research ◽  
Price Limit ◽  
Limit Value ◽  
Auction Price ◽  
Materials Used ◽  
Descriptive Qualitative

Determining the Price Limit Value at the Parate Auction for Execution of Collateral Goods Bound to Mortgage, departs from the issues discussed, namely how the parate reconstruction of mortgage execution and the role of the parties in determining the limit value of the auction price of goods justice based guarantees? The purpose of this research is to analyze and find the reconstruction of the execution parate of mortgage rights and the role of the parties in determining the limit value of the auction price of collateral based on justice. The research method uses normative legal research, with a statutory approach (statute approach) and a case approach (case approach). Sources of legal materials used consist of primary, secondary and tertiary legal materials, while the analysis of legal materials is carried out in a descriptive qualitative manner. Based on the results of the research, it can be concluded that the parate reconstruction of mortgage execution must be based on justice, meaning that execution through parate execution based on the provisions of Article 6 of the Mortgage Rights Law, must also be balanced with other prerequisites that must be passed in order to minimize the arising of arbitrariness. The role of the parties in determining the limit value of the collateral auction price will be well realized if in determining the limit value determined based on the results of the appraiser's assessment, where the auction limit value must be as low as the liquidation value so that the auction office has the authority to reject the auction request. submitted by the seller, if it does not comply with the standards specified in the Minister of Finance Regulation No.27 / PMK.06 / 2016.

scholarly journals Dual Mediation : Penyelesaian Perkara Lingkungan Hidup yang Melibatkan Korporasi Sebagai Pelaku Melalui Pendekatan Restorative Justice

2020 ◽  
Vol 9 (2) ◽  
pp. 401
Author(s):  
Ach. Faisol Triwijaya ◽  
Yaris Adhial Fajrin ◽  
Chintya Meilany Nurrahma
Keyword(s):  
Restorative Justice ◽  
Research Methods ◽  
Criminal Law ◽  
Research Method ◽  
Legal Research ◽  
Conceptual Approach ◽  
Civil Case ◽  
Environmental Destruction ◽  
Good Management

The use of the environment today is very important in order to provide benefits to the community. Utilization must also be balanced with good management and avoid damage. Anomaly in the use of the environment that causes widespread damage occurs where there is a role of the corporation as the main actor. The presence of the PPLH Law has not been able to be a solution amid the chaotic environment utilization that is in line with the damage because the existing legal instruments are not able to overcome the problem. This paper has a purpose to analyze the weakness in the resolution of criminal acts of the environment and the extent to which restorative justice is able to overcome the conflict due to environmental criminal act between the corporation and the community. This research method uses normative legal research methods with a conceptual approach. This study obtained the first result, the legal instrument in the PPLH Law has not shown success where there is still widespread environmental destruction today. Second, through the restorative justice approach it is expected to be able to reduce the number of environmental criminal acts by corporations using the dual mediation pattern, namely the merging of the concepts of civil case mediation and penal mediation so as to create a balance pattern that is in line with the direction of the renewal of national criminal law.              Pemanfaatan lingkungan hidup dewasa ini amat penting dilakukan guna memberikan manfaat terhadap masyarakat. Pemanfaatan harus pula diimbangi dengan pengelolaan yang baik dan menghindari kerusakan. Anomali pemanfaatan lingkungan hidup yang menyebabkan kerusakan marak terjadi, di mana terdapat peran korporasi sebagai aktor utama. Kehadiran UU PPLH masih belum mampu menjadi solusi di tengah carut marutnya pemanfaatan lingkungan yang sejalan dengan kerusakan karena instrumen hukum yang ada tidak mampu mengatasi masalah tersebut. Tulisan ini memiliki tujuan untuk menganalisa kelemahan dalam penyelesaian tindak pidana lingkungan hidup dan sejauh mana restorative justice mampu mengatasi konflik akibat tindak pidana lingkungan hidup antara korporasi dan masyarakat. Metode penelitian yang digunakan yaitu penelitian hukum normatif dengan pendekatan konseptual. Penelitian ini memperoleh hasil pertama, instrumen hukum di UU PPLH belum menunjukkan keberhasilan di mana masih maraknya kejadian pengrusakan lingkungan hidup hingga saat ini. Kedua, melalui pendekatan restorative justice diharapkan dapat menekan angka tindak pidana lingkungan hidup oleh korporasi menggunakan pola dual mediasi yaitu penggabungan konsep mediasi perkara perdata dan mediasi penal sehingga dapat menciptakan pola keseimbangan yang selaras dengan arah pembaruan hukum pidana Nasional.

scholarly journals Optimalisasi Fungsi Pengawasan Komisi Yudisial terhadap Hakim

2020 ◽  
Vol 5 (1) ◽  
pp. 42
Author(s):  
Brama Adi Kusuma ◽  
Miftahur Rizqi Arrumi Fajriah ◽  
Ristria Nimas Ayu Kartika Putri
Keyword(s):  
Research Method ◽  
Code Of Ethics ◽  
Active Role ◽  
Constitutional Court ◽  
Scientific Journals ◽  
Legal Research ◽  
Good Relationship ◽  
The Public ◽  
The Supreme Court

The purpose of this study was to analyze the optimization of the supervisory function carried out by the Judicial Commission for realizing a clear justice. This study used the legal research method, which means that research was conducted by examining existing library data and references, such as laws and regulations, books, magazines, and scientific journals. The optimization of the oversight function of the Constitutional Court was carried out by establishing a good relationship with the Supreme Court to identify the limits of their respective duties and authorities, forming the Liaison Judicial Commission, and the Network of the Judicial Commission. The role of Liaison Judicial Commission needed to be improved, not only receiving reports from the public but also actively finding violations of the code of ethics committed by judges. Socialization regarding the existence of the Judicial Commission should be carried out more through Network of the Judicial Commission to increase understanding of the community so that the community can play an active role in providing reports for the realization of a clear justice.

scholarly journals The Role of Family in Fulfilling the Right to Education During the Covid-19 Pandemic: A Socio-Legal Approach

2021 ◽  
Vol 10 (2) ◽  
pp. 228
Author(s):  
A.A. Istri Ari Atu Dewi ◽  
Putri Triari Dwijayanthi ◽  
Cokorde Istri Dian Laksmi Dewi
Keyword(s):  
Role Models ◽  
Research Method ◽  
Family Participation ◽  
Family Role ◽  
Legal Research ◽  
Right To Education ◽  
Online School ◽  
The Family ◽  
The Right

This paper aims to identify, analyze and elaborate on the role of the family in fulfilling the right to education during the Covid-19 pandemic as well as a model for family participation in fulfilling the right to education during the Covid-19 pandemic. This is a socio-legal research method or socio-legal research which examines the text and context with a statutory approach combined with the conditions in the community. The results show that online school is the best solution to guarantee the right to education as stipulated in Surat Edaran Nomor 15 of 2020 concerning Guidelines for Organizing Learning from Home in an Emergency for the Spread of Covid-19 and family role models in an effort to fulfill the right to education during the Covid-19 pandemic, which is in the form of awareness from parents or guardians to provide assistance during learning from home activities.

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