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<![CDATA[Perundungan Siber: Pencegahan Perilaku Melalui Pengenalan Aspek Hukum ]]>
<![CDATA[Evelyn Angelita Pinondang Manurung]]>;
<![CDATA[Maria Osmunda Eawea Monny]]>
<![CDATA[ KERTHA WICAKSANA Vol. 16 No. 1 (2022) ]]>
Publisher : <![CDATA[Fakultas Hukum, Universitas Warmadewa ]]>
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DOI: 10.22225/kw.16.1.2022.15-20
<![CDATA[Development of technology globally, the needs of the community, especially the younger generation, for technological devices in daily activities are important. As a result of these developments, technology has gradually changed the behavior of society and human civilization globally. The development of internet technology has also caused the world to become borderless and caused significant changes in human behavior. Cyberbullying among the young generation today is an important issue that cannot be underestimated at this time. This problem can occur in any country regardless of the level of socio-economic development of a region. Cyberbullying has a negative impact on the psychological condition of victims of bullying. This research is a literature review that discusses library materials and legal materials related to cyberbullying. This study aims to determine the legal aspects related to cyber bullying behavior so that every level of society, especially the younger generation, understands and understands legal aspects such as the impact / consequences of cyber bullying behavior. This study uses a normative juridical research method using library law sources. The fact that there are many cases of cyber bullying involving students is evidence that the public's understanding of the negative impact of cyber bullying behavior is low. Every victim of bullying also deserves a sense of security and legal protection. The existence of socialization of the legal impact of cyber bullying behavior is very necessary, none other than so that cyber bullying behavior can be prevented or minimized.]]>
<![CDATA[Legalitas Abortus Provocatus Sebagai Akibat Tindakan Pemerkosaan ]]>
<![CDATA[Ida Bagus Wirya Dharma]]>
<![CDATA[ KERTHA WICAKSANA Vol. 16 No. 1 (2022) ]]>
Publisher : <![CDATA[Fakultas Hukum, Universitas Warmadewa ]]>
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DOI: 10.22225/kw.16.1.2022.45-50
<![CDATA[Abortus Provocatus become legal issues that always have pros and cons. Pros group basically not directly support the abortion however more emphasize on the importance to protect reproductive rights that having by woman and the guarantee of the children’s future life. Cons group by emphasize the right of life that having by the fetus as human that has right to life. The data showed that abortion can be done with some reasons, one of them is pregnant as the result of the rape. This study aimed to analyze juridically the legality of abortus provocatus as the effect of the rape. The research method used was normative legal research by putting law as norm with statutory regulations and doctrinal approaches. The legality of Abortus Provocatus as the result of the rape can be done, it is on Article 75 paragraph (3), Article 75 paragraph (4), Article 126 paragraph (4), and Article 127 paragraph (2) Statutory number 36 Year 2009 regarding Healthy and Article 31, Article 34, Article 35 Government Regulation Nomor 61 Year 2014 regarding Reproduction Health.]]>
<![CDATA[Kebijakan Pembagian Hasil Pengelolaan Objek Wisata di Kabupaten Bangli ]]>
<![CDATA[Luh Putu Suryani]]>;
<![CDATA[Ni Made Puspasutari Ujianti]]>;
<![CDATA[Ida Ayu Putu Widiati]]>
<![CDATA[ KERTHA WICAKSANA Vol. 16 No. 1 (2022) ]]>
Publisher : <![CDATA[Fakultas Hukum, Universitas Warmadewa ]]>
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DOI: 10.22225/kw.16.1.2022.51-56
<![CDATA[The island of Bali is famous for its natural beauty. Likewise with Bangli Regency which is one of the regencies on the island of Bali which is famous for having water tourism destinations that are no less beautiful than other places on the island of Bali. Tibumana Waterfall is a tourist attraction managed by the traditional village through an agreement made between the traditional village and the Apuan village government through an agreement. On the basis of the agreement, the traditional village can better manage tourist objects and attractions, beautiful in accordance with the Hindu order, so that their uniqueness and beauty can be maintained and developed. The cooperation agreement between the Bendesa Adat Bangunlemah Kawan and the Perbekel of Apuan Village is in accordance with the anatomy of the contract which requires that the contract must include the scope, rights and obligations, provisions for force majeure and provisions for dispute resolution. The policy model in the distribution of the results of the management of tourism objects in the Tibumana waterfall does not reflect the principle of justice. To be more ideal, before the contract is drawn up, the Village Government forms a Village Regulation which regulates the management of tourism objects in the Apuan village area, because the opening of tourist objects to tourists will of course have a levy to be paid. For illegal levies, the retribution must go through a Village Regulation. After the village regulations are formed, contracts are drawn up to determine more concrete matters.]]>
<![CDATA[Cacat Kehendak Sebagai Dasar Batalnya Perjanjian ]]>
<![CDATA[I Ketut Widia]]>;
<![CDATA[I Nyoman Putu Budiartha]]>
<![CDATA[ KERTHA WICAKSANA Vol. 16 No. 1 (2022) ]]>
Publisher : <![CDATA[Fakultas Hukum, Universitas Warmadewa ]]>
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DOI: 10.22225/kw.16.1.2022.1-6
<![CDATA[Disputes or conflicts are social phenomena that cannot be avoided at all. No society or individual is spared and can be freed from the phenomenon of conflict. Conflict is inevitable. About the causes of the dispute very much. There are disputes that start from problems of love, jealousy, third persons, children, to high-escalation disputes involving many people and society. So far, civil lawsuits have only been based on acts against the law and breaking promises or defaults. This study intends to answer problems related to the cancellation of the agreement based on a cacat kehendak. The problem in question is, can the Cacat Kehendak based on the provisions of Article 1321 of the Civil Code be used as the basis for canceling the sale and purchase of land between Warinah and Nurkhofifah at the Banyuwangi District Court. The second problem is, what are the legal consequences of the cancellation of the sale and purchase of land on the basis of a cacat kehendak between Warinah and Nurkhofifah at the Banyuwangi District Court. This research method is a type of normative legal research. The theory used as a knife for problem analysis is the theory of conflict resolution and the theory of the law of the welfare state. The conclusion of this study is, the sale and purchase transaction agreement based on a cacat kehendak was canceled by the Banyuwangi District Court Judge with Decision Number: 198/Pdt.G/2016/PN.Byw. The legal consequence of the cancellation of the sale and purchase agreement is Warinah as the legal owner of the disputed land again as the owner of the land in question.]]>
<![CDATA[Kajian Yuridis Mengenai Kekuatan dan Kepastian Hukum Sertipikat Hak Tanggungan Terhadap Musnahnya Objek Karena Force Majeure ]]>
<![CDATA[Ni Made Trisna Dewi]]>
<![CDATA[ KERTHA WICAKSANA Vol. 16 No. 1 (2022) ]]>
Publisher : <![CDATA[Fakultas Hukum, Universitas Warmadewa ]]>
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DOI: 10.22225/kw.16.1.2022.63-68
<![CDATA[Mortgage rights are collateral rights imposed on land rights. Mortgage rights are used to bind guarantees in the form of land using a deed made by the Land Deed Maker OfficerArticle 18 the act of Underwriting Rights does not regulate the abolition of Underwriting Rights how is the legal strength and title of the right to loss of objects due to corruption and second, What is the legal certainty at the time of execution of certificates of liability against the destruction of objects due to force majeure. This legal research uses a type of normative legal research that is reviewing and analyzing materials and legal issues. Moving on from the void of norms in the act of the Underwriting Rights related to debt guarantees that have been granted Underwriting Rights to creditors considering the land from the debtor has been destroyed due to natural disaster or force majeure. Method of approach to the Law Approach and Conceptual Approach The legal strength regarding the certificate of mortgage rights to Article 1245 of the Civil Code in the event that the object is destroyed due to natural disasters does not have normative force but does not result in the loss of the debtor's obligation to repay the obligation to the creditor, based on the principle pacta sun servanda. The policy that provides certainty for creditors as a privileged position in the case of accounts payable is by repressive action to enter into a credit insurance agreement that has the value of additional guarantees and preventive actions by making grosse deeds under the force of executive law.]]>
<![CDATA[Status Hukum dan Hak Waris Bagi Anak Angkat yang Tidak Dimohonkan dengan Penetapan Pengadilan ]]>
<![CDATA[Ida Ayu Kade Irsyanti Nadya Saraswati]]>
<![CDATA[ KERTHA WICAKSANA Vol. 16 No. 1 (2022) ]]>
Publisher : <![CDATA[Fakultas Hukum, Universitas Warmadewa ]]>
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DOI: 10.22225/kw.16.1.2022.7-14
<![CDATA[The purpose of a marriage is to form a family and continue offspring. But not all familes are lucky to have a child. One way to overcome this is by adopting a child. Adoption of a child can be carried out based on national law or customary law. Adoption of children based on customs in Government Regulation Number 54 of 2007 is not required to obtain a court order. This will cause problems relaed to inheritance rights for adopted children who are not requested for a court order. On the one side, this provides legal certainty for customary lawbecause is is recognized by national law. But on the other side wthout wrtitten evidence, if there is a dispute over inheritance rights in court, the position of the adopted child is not strong enough if it does not have written evidence.]]>
<![CDATA[Strategi Pengembangan Pariwisata Berkelanjutan (Sustainable Tourism Development) Berbasis Lingkungan Pada Fasilitas Penunjang Pariwisata di Kabupaten Badung ]]>
<![CDATA[Ida Ayu Putu Widiati]]>;
<![CDATA[Indah Permatasari]]>
<![CDATA[ KERTHA WICAKSANA Vol. 16 No. 1 (2022) ]]>
Publisher : <![CDATA[Fakultas Hukum, Universitas Warmadewa ]]>
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DOI: 10.22225/kw.16.1.2022.35-44
<![CDATA[The objective of tourism development is not only to increase economic growth but also to preserve nature and surrounding environment. In the context as in the Regency of Badung, the problem arising is that there are still many tourism supporting facilities that are not in accordance with the zoning or designated area so they can have a negative impact towards the environment. This study examines the meaning of the concept of developing an environmentally-based sustainable tourism and strategies for developing the environmentally-based sustainable tourism in the area of tourism supporting facilities in Badung Regency. This study is of great importance in order to discover solutions in the form of appropriate strategies or policies for a sustainable tourism development. This study belongs to a empirical legal research that uses primary data and secondary data. The results of the study show that the concept of sustainable tourism development focuses on long-term tourism development minimizing negative impacts on the environment. The government has a strategic role in formulating relevant tourism development policies, especially in the process of planning as stated in the tourism development master plan in both the Province and Regency/City. The value of the philosophy of Tri Hita Karana is very appropriate to be applied in formulating policies for sustainable tourism development. In addition to formulating policies, a strategy for developing environmentally-based sustainable tourism in tourism supporting facilities in Badung Regency can be implemented by ensuring that all development is in accordance with its designation so as to reduce negative impacts on the environment. Empowerment of local communities in tourism development is also very important to be applied by holding the principles of religious and cultural values that live in the community as well as environmental sustainability.]]>
<![CDATA[Aspek Perlindungan Hukum Terhadap Nasanah Atas Penyelenggaraan E-Payment Berbasis QR-Code ]]>
<![CDATA[I Putu Rasmadi Arsha Putra]]>;
<![CDATA[Dewa Gede Pradnya Yustiawan]]>
<![CDATA[ KERTHA WICAKSANA Vol. 16 No. 2 (2022) ]]>
Publisher : <![CDATA[Fakultas Hukum, Universitas Warmadewa ]]>
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DOI: 10.22225/kw.16.2.2022.99-107
<![CDATA[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.]]>
<![CDATA[Supremasi Hukum Dalam Kepemimpinan Berbasis Hindu ]]>
<![CDATA[I Made Dwija Suastana]]>
<![CDATA[ KERTHA WICAKSANA Vol. 16 No. 2 (2022) ]]>
Publisher : <![CDATA[Fakultas Hukum, Universitas Warmadewa ]]>
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DOI: 10.22225/kw.16.2.2022.80-90
<![CDATA[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.]]>
<![CDATA[Peran Model Pengembangan Pariwisata Berbasis Masyarakat (Community Based Tourism) Dalam Mewujudkan Pariwisata Berkelanjutan (Sustainable Tourism) di Bali ]]>
<![CDATA[Indah Permatasari]]>
<![CDATA[ KERTHA WICAKSANA Vol. 16 No. 2 (2022) ]]>
Publisher : <![CDATA[Fakultas Hukum, Universitas Warmadewa ]]>
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DOI: 10.22225/kw.16.2.2022.164-171
<![CDATA[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.]]>
