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Aspek Perlindungan Hukum Terhadap Nasanah Atas Penyelenggaraan E-Payment Berbasis QR-Code I Putu Rasmadi Arsha Putra; Dewa Gede Pradnya Yustiawan
KERTHA WICAKSANA Vol. 16 No. 2 (2022)
Publisher : Fakultas Hukum, Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/kw.16.2.2022.99-107

The development of an e-payment system that uses QR-Code as an effective payment method and is proven to have efficiency, but the efficiency and effectiveness offered raises problems in the community related to security regarding this QR-Code method. Analyzing legal protection to customers in the use of the QR-Code method in transactions is the goal of this research. This study uses a normative method, using a statutory approach and a legal concept analysis approach. The legal materials used are primary legal materials, secondary legal materials and tertiary legal materials that are systematically collected and traced by documentation studies and supplemented with supporting data. All legal materials collected were analyzed by descriptive analysis technique. This study found several regulations governing e-payment and QR-Code which are still scattered in several regulations, this of course confuses customers as consumers regarding legal protection. So that in the application of e-payment in which there is a QR-Code as one of the methods, special rules need to be made, besides that customers as consumers are expected to educate themselves related to payment technology so that they are not harmed materially or immaterially if in practice the implementation of the QR-Code does not heed consumer rights. It can be concluded that with a study on legal protection against the implementation of QR-Code-based e-payments, customers can protect their rights as consumers.

Supremasi Hukum Dalam Kepemimpinan Berbasis Hindu I Made Dwija Suastana
KERTHA WICAKSANA Vol. 16 No. 2 (2022)
Publisher : Fakultas Hukum, Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/kw.16.2.2022.80-90

Leadership can be defined as the ability to coordinate and mobilize people or groups of people to achieve desired goals. Leadership is an activity to influence the behavior of others or the art of influencing human behavior, both individuals and groups. Discussions about leaders and leadership in general explain how to become a good leader, styles and traits that are in accordance with leadership and the requirements that an ideal leader needs to have. To measure the compliance of leaders or technocrats to the law, it can be seen from the real actions that have been taken. Especially those related to the substance of the law or legal products, both written and unwritten, as well as decisions from the judiciary. Comparative references can be obtained from written sources in the form of sacred literature, lontars about Hindu-based law and leadership and local wisdom, especially in Bali. The implementation of leadership that refers to Hindu law and literature has been carried out by Hindu technocrats who are involved in various sectors of life. Comparison of the experiences of these technocrats has an important role in enriching and renewing perspectives and leadership strategies that complement each other. It is hoped that a new paradigm can be formed that remains guided by positive law, Hindu literary sources and Balinese local wisdom.

Peran Model Pengembangan Pariwisata Berbasis Masyarakat (Community Based Tourism) Dalam Mewujudkan Pariwisata Berkelanjutan (Sustainable Tourism) di Bali Indah Permatasari
KERTHA WICAKSANA Vol. 16 No. 2 (2022)
Publisher : Fakultas Hukum, Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/kw.16.2.2022.164-171

Tourism industry is a collection of interrelated tourism businesses, which aim to meet the needs of tourists in the administration of tourism. Of course, in an effort to meet the needs of tourists for the purpose of organizing tourism, cooperation from various parties is needed, both the local community, government, local government, and tourism entrepreneurs. The local community plays a particularly important role in the development of the tourism industry. In fact, in the provisions of Article 5 of Law Number 10 of 2009 concerning Tourism, principles of tourism implementation are regulated, one of which is empowering local communities. The problem that then arises is that sometimes the development of the tourism industry is not directed at the development of sustainable tourism. This is indicated by the existence of several tourism supporting facilities that are built not in accordance with their designation. This research is an empirical legal research that uses primary and secondary data with the aim of revealing the role of community-based tourism development models in realizing sustainable tourism in Bali. The results of the research show that the community-based tourism development model puts emphasis on the active role or participation of the community in the development of tourism. Furthermore, one of the goals of the community-based tourism is to realize sustainable tourism development. The local community plays a very important role in realizing sustainable tourism. Roles of the government, local governments, and tourism entrepreneurs are also of great importance in the context of realizing sustainable tourism.

Strategi Pemulihan Keberlanjutan dan Ketangguhan Pariwisata Menghadapi Krisis I Gusti Agung Ayu Gita Pritayanti Dinar; I Nyoman Gede Sugiartha; Kade Richa Mulyawati
KERTHA WICAKSANA Vol. 16 No. 2 (2022)
Publisher : Fakultas Hukum, Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/kw.16.2.2022.158-163

Culture-based tourism is one of the sustainable tourism assets that contains unique cultural and natural traditions in an area. If we explore it more deeply, each village must have its own charm that contains various objects as noble values that can inspire tourists to village-based destinations, known as sustainable tourism. Bali as a tourism destination, known for its strong culture, pays serious attention to the sustainable tourism. One of the tourist villages in the area is Carangsari Village, which is located in Badung Regency. The village is trying to restore the tourism sector which has become the focus of the village community after it was stopped due to the spread of the corona virus. Motivated by the condition, this study is made to discuss the ideal recovery strategy for a sustainable tourism sector in the Carangsari village, Bali. This study makes use of an empirical legal research method with a statutory approach and an analysis of legal concepts. The results of this study indicate that a simple ideal recovery strategy is to add a schedule of sacred rituals in the tourist calendar in addition to the schedule of festivals existing in Bali.

Eksistensi Paralegal dalam Meminimalisir Kekerasan Terhadap Perempuan di Desa Tuwed Kabupaten Jembrana I Nyoman Gede Sugiartha; Cokorde Gede Swetasoma
KERTHA WICAKSANA Vol. 16 No. 2 (2022)
Publisher : Fakultas Hukum, Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/kw.16.2.2022.91-97

The existence of paralegals in increasing public legal awareness has been widely studied. One of the important roles of paralegals in Bali, especially in Tuwed Village, Melaya District, Jembrana Regency, is to minimize violence against women which is still found in Bali, which is famous for upholding patrilineal lineages where there is an assumption that the position of men is higher than women. This happens due to a lack of knowledge about the law, especially for the poor and marginalized. After the birth of paralegals as an implementation of Law Number 16 of 2011 concerning Legal Aid, it is very interesting to study its relation to violence against women. The problem is how the existence of paralegals in minimizing cases of violence against women in Tuwed Village, Melaya District, Jembrana Regency and how paralegals' efforts in increasing legal awareness to prevent violence against women in Jembrana Regency. In this study, the authors use empirical research methods with a case study approach in examining the existence of paralegals in preventing violence against women as regulated in the Law on Legal Aid Number 16 of 2011 concerning Legal Aid. The results of this study indicate that the existence of paralegals in preventing violence against women in Tuwed Village, Jembrana Regency is effective, because there has been an increase in legal awareness from the community and socialization about paralegals and violence against women to the people of Jembrana Regency.

Tinjauan Yuridis Tentang Perseroan Terbatas yang Tidak Menerapkan Wajib Vaksin Untuk Karyawannya Putu Sekarwangi Saraswati; Ngurah Galang Jayadhifa
KERTHA WICAKSANA Vol. 16 No. 2 (2022)
Publisher : Fakultas Hukum, Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/kw.16.2.2022.149-157

In studying the systematics of the existing legal substance, where we often hear of a legal subject in the substance of every existing policy, there are two legal subjects where there are Persons and Rechtpersoons, the focus of the author's research this time is on the rights and obligations of legal entities or rechtpersoons. itself in responding to a policy regarding mandatory vaccines that have appeared in a policy in the midst of the covid-19 pandemic in recent years, in responding to this the author wants to conduct research using normative juridical research methods in order to find out how broad this mandatory vaccine policy is in addressing legal subjects The existing method uses a positivist legislative approach with a law approach and a comparative approach. So it is felt that there is a need for a policy that the government can provide so that Covid-19 can be resolved optimally. The theoretical basis that the author uses is the Theory of Rule of Law, Theory of Justice, Theory of Benefit, the author does not escape the concept of a Limited Liability Company.

Upaya Hukum Terhadap Wanprestasi dalam Perjanjian Pengiriman Barang di PT. on Time Express Kantor Cabang Bali Dewa Putu Adi Putra; I Nyoman Budiana
KERTHA WICAKSANA Vol. 16 No. 2 (2022)
Publisher : Fakultas Hukum, Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/kw.16.2.2022.108-116

On Time Express is a foreign investment company engaged in land, sea and air transportation services. Also called financing companies for goods delivery services, namely business entities outside banks and non-bank financial institutions that are specifically for carrying out economic activities in delivering goods and services. The work contract system is implemented based on the principle of trust as a service provider, a standard agreement is written based on the principle of freedom of employment contract made by PT. OnTime Express. That is, both parties, both service providers and consumers, together and agree to make a work contract agreement. But in reality, the work contract agreement as a service provider in its operations is not uncommon for problems that arise due to unexpected results between the parties. The consumer is unable to fulfill the contents of the agreement as agreed in the initial agreement resulting in a breach of contract. This must be resolved to maintain a good relationship and balance between rights and obligations according to the mutually agreed agreement. The purpose of this paper is to provide accountability for consumers and understanding in resolving violations of employment contract issues. This paper was written using empirical methods and data analysis techniques that are descriptive analytical. Based on research on the contract of delivery of goods, there are still many contract violations in PT. On Time Express by consumers. Most of the breaches of contract issues are resolved by non-litigation methods, which are negotiation and mediation.

Implementasi Pembuatan Akta Postnuptial Agreement oleh Notaris Pasca Putusan Makamah Konstitusi Nomor 69/PUU-XIII/2015 (Studi di Wilayah Kota Denpasar) Ryan Permana Wijaya; I Nyoman Sujana; Putu Ayu Sriasih Wesna
KERTHA WICAKSANA Vol. 16 No. 2 (2022)
Publisher : Fakultas Hukum, Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/kw.16.2.2022.140-148

This study aims to determine and analyze the existence and implementation of postnuptial agreement deeds after the Constitutional Court Decision Number 69 / PUU-XIII / 2015 (hereinafter referred to as the MK 69/2015) in Denpasar City. In essence, the Constitutional Court Decision 69/2015 provides an opportunity that a marriage agreement can be made during the marriage (postnuptial agreement). In order to ensure that the value of justice can actually be realized, it is necessary to study the implementation of the postnuptial agreement deed drafting. Based on this, two problems can be formulated as follows: (1) how is the existence of the postnuptial agreement deed after the Constitutional Court Decision 69/2015 in Denpasar City ?; (2) how is the implementation of the postnuptial agreement deed after the Constitutional Court Decision 69/2015 in Denpasar City? This research is an empirical legal research with descriptive-qualitative characteristics. The results showed that the making of the postnuptial agreement deed by a notary after the MK 69/2015 decision in the Denpasar City area proved to exist and was first made in 2017. The implementation of the postnuptial agreement deed by a notary after the MK 69/2015 decision in the Denpasar City area has not yet been implemented effective, for 2 reasons, namely differences in views on the calculation of the time frame for the application of postnuptial agreement deeds in the internal notary profession and a lack of understanding of the urgency of marriage agreements among people in the city of Denpasar.

Impikasi Pelaksanaan Upacara Ngaben (Pitra Yadnya) Saat Pemberlakuan Pembatasan Kegiatan Masyarakat (PPKM) Akibat Pandemi Covid-19 di Provinsi Bali I Ketut Sukewati Lanang Putra Perbawa; Putu Wisnu Nugraha; Lis Julianti
KERTHA WICAKSANA Vol. 16 No. 2 (2022)
Publisher : Fakultas Hukum, Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/kw.16.2.2022.117-122

The COVID-19 pandemic has had a very broad impact on people's lives, especially with regard to traditional ceremonies in Bali. One of these activities is the Ngaben Ceremony (Pitra Yadnya). On the other hand, PPKM has been a policy of the Indonesian Government to combat the Covid-19 pandemic since early 2020. PPKM has a great influence in the Ngaben ceremony. Ngaben is a ceremony to purify spirits and smelting corpses by burning the bodies of people who have died. The formulation of the problem in this research; What is the role of law in carrying out the Ngaben ceremony in Bali? and how to use sanctions against people who violate PPKM during the Ngaben ceremony in Bali? This research approach, with legislation, the type of research used is normative legal research. The technique of collecting legal materials used in this paper is through literature study. The conclusions from the formulation of the problem are the role of law and sanctions against PPKM violators in relation to the Ngaben ceremony, namely in accordance with applicable regulations, such as; Minister of Home Affairs Instruction Number 35 of 2021 and Governor's Circular Letter Number 12 of 2021.

Sengketa Kewenangan Penyidikan Dalam Rangka Pemberantasan Korupsi Ratman Desianto
KERTHA WICAKSANA Vol. 16 No. 2 (2022)
Publisher : Fakultas Hukum, Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/kw.16.2.2022.123-139

This research is motivated by the frequent overlapping of authorities in the investigation of corruption between the Police, the Prosecutor's Office, and the KPK. An example of a corruption case led by members of the Surakarta City DPRD for the 1999-2004 period was handled by the Surakarta Regional Police. Meanwhile, the corruption case of the former Surakarta Mayor for the 2000-2005 term was handled by the Attorney General's Office. Furthermore, the corruption case of the Deputy Governor of BI in 2008 was actually handled by the KPK. The three examples of these cases are examples of overlapping authorities between institutions in the same case, namely the investigation of criminal acts of corruption. The overlapping authority for investigating corruption is also seen in the feud between the KPK and the National Police in the SIM simulator corruption case. Given the overlapping authority in corruption, the author focuses this paper on what are the root causes of authority disputes between the Police, the Prosecutor's Office, and the KPK.To find the focus of this article, the author uses a normative juridical approach. In addition, the author also uses the principle of legal preference.In this article, the author finds that the root cause of the dispute over the authority to investigate corruption by the Police, the Prosecutor's Office and the KPK is the ambiguity of several articles in the law on authority in each institution, causing conflicts of authority that occur between investigative institutions in criminal acts of corruption. . There are three ways to resolve disputes over the authority to investigate corruption crimes between related institutions, namely; first, by amending/revoking certain articles that are disharmony or all articles of the relevant laws and regulations, by the institutions/agencies authorized to form them; This can be done by the President and approved by the DPR with the issuance of a new law. Second, by submitting a request for a judicial review to the judiciary. The third way, by using the theory of lex specialis derogat legi generali. That is, because the authority of the Police and the Prosecutor's Office in investigating corruption crimes is included in the lex generali, while the KPK is a lex specialis institution, so that if there is a dispute over authority between institutions, the KPK is the most entitled to investigate corruption in accordance with Article 50 paragraph (3). Law Number 30 of 2002 concerning the Corruption Eradication Commission reads: In the event that the Corruption Eradication Commission has started to carry out the investigation as referred to in paragraph (1), the police or the prosecutor's office are no longer authorized to carry out investigations.

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Location Kota denpasar, Bali INDONESIA

Abstract

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Contact Name
-

Contact Email
-

Phone
-

Journal Mail Official
-

Editorial Address
-

Location
Kota denpasar,

Bali

INDONESIA