VYAVAHARA DUTA

ANALISIS HUKUM TATA RUANG TERHADAP PROBLEMATIKA PERLINDUNGAN TANAH ADAT DI BALI DALAM DINAMIKA INVESTASI PARIWISATA

2025-07-16T03:02:52+08:00

Bali is widely recognized as a world-class tourism destination that relies on its rich natural resources, cultural heritage, and living customary values embedded within its communities. Behind the rapid development of the tourism sector lies serious pressure on the sustainability of customary land, which has long served as the foundation of the cultural and spiritual identity of Bali's traditional village communities. The conversion of customary land into tourism areas has created tensions between economic interests and the sacred values embedded in communal land rights systems. This study aims to analyze the extent to which spatial planning law in Bali provides protection for customary land and to examine the potential for harmonization between spatial planning regulations and prevailing customary legal norms. This research employs a normative legal method, using both statutory and conceptual approaches. The findings indicate that although customary land is normatively recognized in regional regulations and spatial planning policies, its implementation remains limited due to minimal involvement of traditional villages, the dominance of positivist legal paradigms, and a sectoral orientation prioritizing economic interests. Traditional villages and awig-awig as sources of local law have not been fully integrated into the spatial planning process. There is a need for legal policies that embrace the principles of legal pluralism and spatial justice by fostering stronger participatory mechanisms for indigenous communities in shaping development directions and managing their living spaces.

IMPLEMENTASI KEBIJAKAN HUKUM TERPADU DALAM UPAYA PENURUNAN STUNTING DI KABUPATEN GUNUNG MAS

2025-07-29T03:42:55+08:00

Stunting remains a critical public health issue in Gunung Mas, Central Kalimantan. This article aims to analyze the implementation of integrated legal policies in addressing stunting in Kurun Subdistrict using a juridical-empirical approach. The study highlights that despite various intervention programs such as community health posts (Posyandu), nutrition counseling, and the involvement of women’s groups (PKK), there is no local regulation that specifically governs stunting reduction. Research findings indicate that weak intersectoral coordination, limited access to health services, and low nutrition literacy are major obstacles. Conversely, the engagement of traditional leaders and local innovations like Jaga Huma Lewu hold great potential if formally integrated into policy. This study contributes to strengthening the legal perspective within child health policies and emphasizes the urgency of participatory and socially just local legislation. Thus, an adaptive and responsive legal approach is crucial for realizing children's rights protection and ensuring the sustainability of stunting reduction programs in underdeveloped regions.

KONSEPSI SANKSI ADAT DALAM KASUS PELECEHAN SEKSUAL OLEH PELAKU PEMUKA AGAMA DI DESA TAMPAKSIRING KABUPATEN GIANYAR

2025-06-11T15:37:01+08:00

The occurrence of sexual harassment by a religious figure was addressed in a decision by the Denpasar District Court, Decision Number 266/Pid.B/2021/PN Dps,, concerning this case. In the decision, it was stated that an individual named IWM (initials used by the writer) was legally and convincingly proven to have committed an act of obscene behavior with violence as defined in Article 289 of the Indonesian Criminal Code (KUHP). Therefore, stricter enforcement by the traditional village through the implementation of more stringent customary sansctions is necessary. Based on this explanation, the aim of this research are: 1. To analyze the urgency of the need for the concept of customary sanctions for cases of sexual harassment by religious figures in Tampaksiring Village, Tampaksiring District, Gianyar Regency. 2. To analyze the form of the concept of customary sansctions for cases of sexual harassment by religious figures in Tampaksiring Village, Gianyar Regency. This study utilizes empirical legal research, employing the theory of law known as the theory of receptie. The findings of the study indicate the form of customary sansctions is regulated in the awig-awig (customary law) Saptamas Sargah Wicara Lan Pamidanda Palet 2 Indik Pamidanda Pawos 75. The sanctions applied for sexual harassment include Penyangaskara punishment which entails conducting religious ceremonies, requiring the offering of banten pecaruan to restore magical balance. In addition to Penyangaskara sanctions, it is also conceptualized that customary sanctions include menyaksama or mapilaku (asking for forgiveness) in front of the village's paruman (traditional village council). As an effort by the traditional village to tackle sexual harassment, one measure is to tighten the reporting of visitors if they

come to a sacred place.

Seeking Justice: The Dynamics of Handling Molestation Cases Against Girls in Denpasar

2025-07-29T03:37:25+08:00

Sexual violence against children is a multidimensional problem that intersects with legal, social, and psychological domains, particularly concerning girls as the most vulnerable group. This article is situated within the discourse of criminal law and child protection, aiming to examine the causes of obscene acts against girls in Denpasar City and the forms of legal protection provided to the victims. This study employs an empirical legal approach, with research conducted at the Regional Technical Implementation Unit for the Protection of Women and Children (UPTD PPA) and Denpasar City Police (Polresta Denpasar). Data were collected through observation, structured interviews, and literature study. The findings indicate that acts of molestation are influenced by internal factors such as psychological vulnerability, and external factors such as lack of parental supervision, low education levels, and negative environmental influences. The resulting impacts are severe, both physically and psychologically. The legal protection provided includes juridical and non-juridical aspects, implemented by institutions such as UPTD PPA and the Police's Women and Children Protection Unit.

KEADILAN PERSAINGAN USAHA DALAM MENJAMIN KEDAULATAN EKONOMI DESA ADAT DI BALI

2025-07-16T03:01:03+08:00

Customary villages in Bali now stand at a crossroads between local wisdom and the forces of modern markets. As retail chains like Indomaret, Alfamart, and 24-hour “networked commercial warung” expand deep into traditional communities, local shops begin to lose their foothold. Backed by centralized distribution systems, aggressive promotions, and around-the-clock operations, large-scale businesses dominate the market while leaving little room for traditional village-owned stores. As a result, krama desa (village members) not only suffer economic loss but also the erosion of their social role as community hubs. This study employs a normative legal approach to examine the relationship between national competition law and customary legal systems in protecting local economies. The findings reveal that the lack of synergy between state law and customary law exacerbates the structural inequalities faced by small-scale entrepreneurs. In this context, the law must evolve from a merely formal set of rules into a contextual and inclusive instrument of protection. Strengthening the authority of desa adat through the formal recognition of local regulations such as awig-awig and perarem is a crucial step in restoring balance between economic modernization and communal sustainability. This abstract proposes that economic justice is not solely about market efficiency, but also about the law’s moral obligation to protect the vulnerable.

PENCABUTAN KUASA SECARA SEPIHAK: ANALISIS YURIDIS TERHADAP KETENTUAN, AKIBAT DAN PERLINDUNGAN HUKUM BAGI PENERIMA

2025-06-11T15:35:15+08:00

The unilateral revocation of power of attorney by the grantor is a common practice in civil legal relationships, but it often raises legal issues when carried out without regard to the interests and legal position of the attorney. This article specifically discusses the legal basis for revocation of power of attorney based on Article 1813 of the Indonesian Civil Code (KUHPerdata), which grants the grantor the authority to revoke the power at any time, while also examining the limitations of that authority to protect the rights of the attorney. The focus of this study is directed at conditions where unilateral revocation may cause harm, create potential for breach of contract, and contradict the principle of good faith.

The method used in this study is a normative-juridical approach based on statutory and doctrinal analysis. The findings indicate that although, normatively, power of attorney can be revoked freely, in practice there are both legal and moral limitations—especially when the power of attorney has been partially exercised, involves the interests of the attorney, or is revoked suddenly without valid reason. Under such conditions, revocation may give rise to liability for compensation to the attorney and be deemed contrary to the principles of justice and good faith.

This article recommends the need for updating the norms of the Civil Code to provide procedural clarity concerning the revocation of power of attorney, including notification requirements, regulation of reasonable time limits, and compensation for resulting losses. It is expected that such reforms would create legal certainty and balanced protection for both the grantor and the attorney in the practice of power of attorney agreements.

PINJAMAN ONLINE DAN KEKERASAN PENAGIHAN: URGENSI REFORMASI HUKUM DALAM PERSPEKTIF HAK ASASI MANUSIA

2025-07-03T05:09:45+08:00

Online Loans (Pinjol) are one form of financial technology development that was born to provide easy access to financing for the community. However, behind that, the growth of Pinjol is not accompanied by the growth of an adequate legal system. So that it has an impact on practices that lead to violations of the law such as violence, intimidation and even have an impact on human rights violations. This study was conducted to examine the urgency of legal reform regarding collection regulations on online loans that have an impact on human rights violations. This study uses a normative legal research method with a legislative approach. Based on the results of the study, it was concluded that the current regulations relating to collection in online loans, namely PJKO No. 10 / PJOK.05 / 2022 concerning Information Technology-Based Joint Funding Services, have not been fully able to provide legal protection for consumers from acts of violence in terms of collection, especially in terms of sanctions and law enforcement. Therefore, legal reform is needed based on the principles of justice, proportionality, and respect for human rights. The reform must include the establishment of more specific legal instruments, strengthening supervisory institutions, and providing harmonization between legal instruments and human rights.

KEBIJAKAN BISNIS YANG BERORIENTASI PADA GREEN TOURISM SEBAGAI IMPLEMENTASI PASAL 67 UNDANG-UNDANG NOMOR 32 TAHUN 2009 Oleh:

2025-06-11T15:34:02+08:00

In an effort to preserve environmental sustainability and support sustainable development, green tourism policy has emerged as a strategic alternative. This article discusses the implementation of green tourism policy as a response to Article 67 of Law Number 32 of 2009 concerning Environmental Protection and Management. This research employs a qualitative approach with case study analysis in several tourist destinations that implement sustainable tourism principles. The findings indicate that the application of green tourism not only contributes to environmental preservation but also enhances the quality of tourist experiences and empowers local communiaties. Furthermore, this policy encourages collaboration among the government, tourism industry stakeholders, and communities to create a more environmentally friendly tourism ecosystem. The conclusion of this study underlines the importance of strengthening regulations and business policy support to expand the implementation of green tourism in Indonesia, as a concrete step towards achieving sustainable development goals

EFEKTIVITAS E-TILANG DALAM PENEGAKAN HUKUM LALU LINTAS DI KOTA DENPASAR

2025-07-02T06:19:01+08:00

Seiring dengan kemajuan teknologi, Polda Bali telah mulai menerapkan sistem E-Tilang sebagai langkah untuk memodernisasi penegakan hukum di Kota Denpasar. E-Tilang adalah metode penegakan tilang secara digital yang dilengkapi dengan perangkat Electronic Traffic Law Enforcement merupakan inovasi dalam teknologi informasi, ditujukan untuk mengumpulkan bukti pelaksanaan penindakan pelanggaran lalu lintas melalui sistem elektronik meliputi CCTV, terutama kamera E-Police dengan Automatic Number Plate Recognition serta kamera Check Point. Penelitian ini bertujuan untuk untuk mengkaji penerapan sistem E-Tilang di Kota Denpasar dan menganalisis kendala serta usaha penanggulangannya dalam penerapan tersebut. Metode yang digunakan dalam penelitian ini bersifat empiris, dengan sumber data yang berasal dari hasil pengumpulan di lapangan, memanfaatkan Teori Sistem Hukum oleh Lawrence M. Friedman, dan bersifat deskriptif kualitatif. Data dikumpulkan melalui wawancara dan analisis dokumentasi dengan teknik purposive sampling. Hasil penelitian menunjukkan bahwa efektivitas E-Tilang dalam penegakan hukum secara elektronik dapat meningkatkan transparansi serta mengurangi praktik pungutan liar, namun masih menghadapi berbagai tantangan, seperti keterbatasan infrastruktur, serta jumlah warga yang melanggar yang melakukan konfirmasi dan pembayaran sanksi administrasi masih tergolong minim. Terdapat beberapa kendala yang memengaruhi efektivitas E-Tilang dalam penegakan hukum, termasuk keterbatasan dalam infrastruktur teknologi, lemahnya dasar hukum, serta rendahnya pemahaman masyarakat mengenai sistem ini. Untuk menyelesaikan permasalahan tersebut, diperlukan upaya yang berkesinambungan, seperti peningkatan sarana infrastruktur, penyusunan regulasi yang lebih jelas, serta edukasi kepada masyarakat.

Analisis Yuridis Kewajiban Pajak Penghasilan Bagi Pelaku Bisnis Konten Kreator Di Platform Youtube

2025-06-11T15:36:07+08:00

The massive development of internet technology has significantly impacted the consumption patterns of information and economic activities of society, including in Indonesia. YouTube platform as a medium for sharing content and a source of income for content creators through the Google AdSense monetization program. However, the emergence of this form of digital income poses new challenges in the taxation system, particularly regarding the clarity of tax jurisdiction, tax compliance, and the classification of income types. This research aims to analyze the regulation of income tax (PPh) obligations for YouTubers in Indonesia and identify the factors affecting the effectiveness of the implementation of these regulations. In the legal context, the imposition of income tax (PPh) on digital content creators needs to consider the principles of legal certainty and fiscal justice, especially when facing the cross-border and technology-based characteristics of the digital economy. The main issues faced include the complexity of digital transactions, differences in policies between countries, and low legal literacy among creative industry players. This research shows that although the government has issued several regulations, their implementation still faces obstacles, both in terms of supervision and taxpayer compliance and the incompatibility of the conventional tax system with digital economy practices. Therefore, adaptive tax system innovations, public education, and cross-sector collaboration are needed to ensure the sustainability of state revenue and protection for digital economy actors.