Jurnal Interpretasi Hukum

Perlindungan Perlindungan Terhadap Perempuan Korban Kekerasan Berbasis Gender Online Dalam Era Digital

Ni Nyoman Muryatini — 2024-09-18

In today’s digital era, sexual violence crimes often occur in cyberspace. Based on the annual records of the National Commission on Violence Against Women, reports of cases of online gender-based violence have increased in the last five years. Cyberspace is currently not a safe space for women. As a basic law, the Indonesian Constitution of 1945 explicitly regulates the right to a sense of security and protection for everyone. The methods used in this study are normative juridical using a legislative approach and a case approach. The purpose of this study is to provide legal arguments regarding whether an event is right or wrong and how the event should be according to law. Based on the results of the study, in law enforcement, law enforcement officers often use the electronic information and transactions law and the pornography law which results in victims being in a vulnerable position. The negative stigma from society and criminalization of victims result in a minimum of cases being resolved through litigation so that victims do not get the right to handling and recovery as mandated by the law on sexual violence. The state must guarantee a safe space for women in cyberspace. The state must carry out its commitment to provide justice and restitution to victims as mandated by law. For the sake of legal certainty, the government must immediately ratify the implementing regulations of the law on sexual violence. Provide socialization to the public regarding the law on sexual violence to increase public legal awareness and improve the competence of law enforcement officers by providing training in handling cases of online gender-based violence.

Tinjauan Yuridis Terhadap Pengaturan Pemberhentian Notaris Dalam Konteks Kepailitan

Ni Kadek Winda Nandayani — 2024-09-28

The stipulations of Bankruptcy Regulation under Law Number 2 of 2014, specifically in Article 12 letter a, which pertains to the Notary Position, engender a variety of interpretations. According to this provision, a Notary who is adjudicated bankrupt by judicial decree faces dishonorable discharge. Such dismissal contravenes the established bankruptcy principles outlined in Law Number 37 of 2004 on Bankruptcy. The objective of this research is to explore the foundational legal framework governing the termination of a Notary's role and to examine the legal ramifications associated with such dismissal within the framework of bankruptcy. This investigation adopts a normative legal research methodology, motivated by the unclear legal norms present. Legal documents serve as both the primary research tool and the primary source of data for identifying issues. The findings reveal that the ambiguity engendered by Article 12(a) of the Notary Position Law, which governs the dishonorable dismissal of notaries declared bankrupt, raises questions about whether notaries should be considered as debtors or as representatives of their official capacities. This ambiguity contributes to legal uncertainty and the possibility of injustice. The bankruptcy notary loses the authority to take care of his personal property and the right to make authentic deeds, although he can still perform other legal acts. Violations in bankruptcy can cause the deed to lose its authenticity, and the aggrieved party can seek compensation. The Notary Office Law has not regulated the details of Notary bankruptcy, including document security and reappointment, causing ambiguity in norms.

Urgensi Pengaturan Akta Pembatalan Terhadap Akta Pejabat Pembuat Akta Tanah (PPAT)

Ni Made Nita Pradnyaning Putri — 2024-09-28

When executing his responsibilities to authenticate deeds within the realm of land transactions, it is quite frequent for a PPAT to face issues concerning previously executed deeds, particularly when parties demand their annulment. This study addresses the lack of normative guidelines pertaining to the specific forms or types of cancellation deeds required to annul a PPAT deed. This study aims to explore the imperative of instituting regulatory measures concerning the annulment deeds executed by PPAT, as well as the legal consequences that arise from the nullification of a PPAT Deed. Utilizing a normative legal research approach that emphasizes statutory analysis, the study scrutinizes the legal structures outlined in diverse legislative documents. The methodological approach involved the utilization of library research or document analysis to collect legal documentation, which was subsequently subjected to qualitative evaluation. The results of the study demonstrate that the establishment of a Deed of Cancellation for a PPAT Deed by a Notary, or in their presence, is authorized according to Article 15, Paragraph (2), sub-paragraph f of the UUJN-P. This authorization is intended to provide legal assurance to all relevant parties and Land Deed Making Officials, given the lack of detailed regulations specifying the nature, structure, content, and procedural stipulations required for these cancellations. Consequently, the legal repercussions of canceling a PPAT Deed are that all entities and individuals are returned to their original state prior to the execution of the PPAT Deed.

Kewenangan Notaris Dalam Menerapkan Prinsip Mengenali Pengguna Jasanya Pada Permenkumham Nomor 9 Tahun 2017

Gede Odhy Suryawiguna Robed — 2024-09-30

The aim of this study is to examine the extent of authority that can be exercised by a notary in reporting suspicious financial transactions and what the notary's responsibilities are in implementing the principle of recognizing users of his services in accordance with the provisions of the Regulation of the Minister of Law and Human Rights of the Republic of Indonesia Number 9 of 2017 concerning the Application of Principles. Recognizing Service Users for Notaries. This study uses normative legal research methods with a legislative approach and analysis of legal concepts. The results of the study show that if you look at the principle of lex superior derogate legi inferior then in the legal hierarchy Law of the Republic of Indonesia Number 2 of 2014 concerning Amendments to Law Number 30 of 2004 concerning the Position of Notary Public has a higher position than the Regulation of the Minister of Law and Human Rights Number 9 of 2017 concerning the Implementation of the Principle of Recognizing Service Users for Notaries, therefore notaries must maintain the confidentiality of the deeds they make based on the provisions of Article 16 paragraph (1) letter f and the notary's responsibility is only based on formal truth in accordance with the provisions of Article 39 Law of the Republic of Indonesia Number 2 of 2014 concerning Amendments to Law Number 30 of 2004 concerning the Position of Notary.

Peran Hukum Kesehatan dalam Melindungi Peserta Program Badan Penyelenggara Jaminan Sosial Kesehatan Berdasarkan Undang-Undang Nomor 24 Tahun 2011

Adella Sitanggang — 2024-10-07

The role of health law is crucial in ensuring the protection of participants in the National Health Insurance (BPJS Kesehatan) program, as regulated by Law No. 24 of 2011. This law provides a legal basis for the implementation of the national health insurance program, which aims to promote the welfare of society by providing equitable access to quality healthcare services. Health law functions to protect the rights of BPJS participants by ensuring that they receive healthcare services that meet established standards without discrimination.Furthermore, this law mandates the state to provide comprehensive and inclusive health insurance. Through the role of BPJS Kesehatan, health law also regulates the supervision and enforcement of accountability from healthcare providers, both in terms of service quality and financial management. Healthcare institutions collaborating with BPJS are required to comply with professional standards and medical ethics, as well as being responsible for patient safety.In the event of violations, health law provides a mechanism for participants to file complaints and seek justice through legal channels. The application of administrative and criminal sanctions for violators is also part of the legal protection efforts for participants. Therefore, the role of health law not only ensures access to services but also guarantees that the rights of BPJS participants are fulfilled in receiving fair and quality healthcare services.

Dinamika Hukum Administrasi Negara Terhadap Mekanisme Kontinuitas Kebijakan di Masa Peralihan Kekuasaan Presiden

Firdaus Arifin — 2024-10-08

Transitions of presidential powers often create policy uncertainty, which can disrupt the stability of the administration of government and violate the principle of legal certainty. State administrative law, as the main instrument in maintaining policy stability, has not been fully effective in ensuring policy continuity in Indonesia during the transition of power. The study aims to analyze the role of state administrative law in maintaining the continuity of public policy during the presidential transition of power. Using normative legal research methods, the study analyzed various regulations, such as Law Number 30 of 2014 on Government Administration, as well as conducting comparative studies with administrative legal systems in the United States and Germany. The results show that, despite efforts to provide a clear legal foundation for policy continuity, implementation on the ground is still weak, especially in terms of oversight and policy evaluation procedures. Countries such as the United States and Germany have succeeded in creating systems that allow policy continuity during the transition of power through stronger oversight mechanisms and transparent evaluations. The implication of this study is the need to reform administrative law in Indonesia, by adding more specific regulations to ensure policy stability and protect public interests during the transition of power.

Analisis Politik Hukum dalam Undang-Undang Penyelenggaraan Haji di Indonesia

Nida Rafiqa Izzati — 2024-10-08

Hajj is one of the obligations for every Muslim who is mature and capable of performing it. Therefore, regulations regarding the organization of Hajj in a region are intriguing to discuss. The purpose of this article is to identify the definition of legal politics and Hajj, inform the history of the development of regulations on Hajj organization in Indonesia, and analyze legal politics within these laws. This research employs a normative juridical research method using legislative approaches, conceptual approaches, and historical approaches. The findings of this article indicate that from a legal-political perspective, Law No. 13 of 2008 concerning the Implementation of Hajj and Law No. 34/2014 concerning Hajj Financial Management are considered to ensure legal certainty for prospective Hajj pilgrims. Despite concerns regarding Article 30 paragraph (1) of the law causing legal uncertainty due to the continued practice of KBIH (Hajj Organizing Agencies) charging additional fees, the government argues that according to Article 29 paragraphs (1) and (2), Hajj guidance should be provided without charge to pilgrims. The latest law addressing this issue is Law No. 8 of 2019, which states that Hajj is the fifth pillar of Islam mandatory for every capable Muslim, as also guaranteed in the 1945 Constitution. Improvements in the organization of Hajj and Umrah should not only focus on improving the quality of service to pilgrims but also address all aspects involved in the organization of Hajj and Umrah.

Genosida Sebagai Pelanggaran Hak Asasi Manusia (HAM) Yang Berat

Gatot Eko Yudhoyono — 2024-10-08

Deprivation of Human Rights using various criminal methods has been happening for a long time. Since then, many international regulations have set limits and prohibitions regarding war crimes up to genocide, including judicial bodies that are given responsibility for crimes that have been committed. By knowing the actions and bodies authorized to prosecute serious human rights violations, we can understand current changes in the existence of the crime of genocide. The aim of realizing international legal instruments is to fulfill the human rights of victims, the world community and perpetrators. The research method used is normative juridical. The research approach is through a statute approach, which examines problems using statutory regulations by analyzing relevant laws to be used as a legal basis, such as the Convention on the Prevention and Punishment of the Crime of Genocide in 1948, the Statute of the International Criminal Court in 1998 and the Law on Law Number 25 of 2000 concerning Human Rights Courts. The research results concluded that the crime of genocide is one of four serious human rights violations within the jurisdiction of the International Criminal Court. Genocide always involves two things, namely: objectively it refers to the act of extermination and subjectively the target of the action is a certain group. The International Criminal Court, in accordance with Article 34 of the 1998 Rome Statute, consists of four parts: The Presidency, the Chambers, the Offices of the Prosecutors and the Registry in carrying out its duties. The International Criminal Court will only carry out its functions if the National Court cannot carry out its functions properly, in this case the meaning is if the National Court does not want to try the perpetrator of the crime and unable.

Notifikasi Merger Sebagai Upaya Pengawasan KPPU Berdasarkan Hukum Nasional dan Perbandingan dengan Singapura

Alifia Jasmine — 2024-10-08

Economic development in Indonesia is currently very rapid and has brought Indonesia into a wider open market and encouraged business competition. The existence of business competition also encourages a merger of companies to optimise their business. The government has also taken its role in regulating business competition through Law No. 5 of 1999 and establishing the KPPU as an institution that monitors the business competition climate in Indonesia. One of the things supervised by the KPPU is the act of merger carried out by a company, where there is an obligation to provide notification to the KPPU if the company merges with another company. This research uses a normative juridical method with a statute approach, conceptual approach and comparative approach. Secondary data used in this research is primary legal material (legislation), secondary legal material (doctrine), and tertiary legal material (encyclopaedia or public opinion), which will be analysed using juridical qualitative. The use of these three approaches is to answer problems regarding the concept of supervision by state institutions (KPPU) in supervising business competition, especially mergers, as well as to make comparisons between Indonesia and Singapore. Based on the research results, it was found that there are differences in regulatory regimes related to company merger notifications between Indonesia and Singapore, which can affect the ease of doing business in each country.

IMPLIKASI HUKUM ATAS PERUBAHAN KETENTUAN PATEN DAN MEREK DALAM UNDANG-UNDANG CIPTA KERJA

Devica Rully Masrur — 2024-10-08

ABSTRACT

This study aims to examine the development of Intellectual Property Rights provisions, especially patents and brands after the enactment of the Job Creation Law, namely Law Number 6 of 2023. The problems studied in this study are about the legal implications of trademark and patent provisions as amended in the Law on Job Creation. The research method used is a normative juridical research method with a statutory approach and a conceptual approach. Changes in provisions in the Job Creation Law related to Patents and Trademarks have positive and negative impacts, among which are beneficial is the opening of the patent and trademark registration process which is easier and does not take a very long time. However, the Job Creation Law has changed the substantial provisions regarding the obligation of patent holders to transfer technology and create jobs have been removed by the Job Creation Law. Although the goal is to accelerate investment, it has serious implications for the alignment of patent benefits for the Indonesian people for technology transfer opportunities and the opening of employment opportunities, among those affected, including Micro, Small and Medium Enterprises.

Perlindungan Hukum Bagi Penyandang Disabilitas Sebagai Korban Penganiayaan dalam Perspektif Hukum Pidana Islam

Rika Risky — 2024-10-08

Despite the creation of laws that contain all existing problems, it does not rule out the possibility that crimes will still occur in this world, one of which is persecution. What is more concerning is if the persecution occurs to persons with disabilities, who do not have the ability to protect themselves. This study aims to determine the factors that cause persecution of persons with disabilities, legal protection for persons with disabilities, formulation or form of punishment received by perpetrators of persecution of persons with disabilities as victims of persecution in the perspective of positive law and Islamic criminal law This research uses a type of literature study or normative law, which is a collection of actions related to library data collection. To collect data, this research uses a qualitative approach. The results of data analysis show the factors that lead to the persecution of persons with disabilities, things that are intended to protect persons with disabilities as victims of persecution and the formulation or form of punishment received by the perpetrator in the perspective of positive law and also Islamic criminal law. The implications of this research include several laws and also arguments sourced from the Qur'an and hadith and also the need for awareness from surrounding people and also law enforcement to realize protection for persons with disabilities.

Kedudukan Hukum Perjanjian Jual Beli Atas Dasar Utang Piutang (Studi Putusan Pengadilan Negeri Denpasar Nomor 10/Pdt.G/2019/PN Dps)

Aristiono Hamdani — 2024-10-08

A notary holds significant responsibility for every action related to the creation of an authentic deed. This responsibility extends not only during the creation of the deed but also for as long as the deed is used by the involved parties. The notary is accountable for the authenticity and accuracy of the deed's content to ensure no harm is caused to any party. One example is a debt agreement that later transformed into a sale and purchase agreement in the Denpasar District Court Decision No. 10/Pdt.G/2019/PN Dps. Based on this, the study addresses two main questions: (1) What is the legal strength of the sale and purchase agreement as evidence? and (2) What is the ratio decidendi concerning the evidentiary strength of the sale and purchase agreement in the Supreme Court Decision No. 2053K/PDT/2019? This study employs a normative method, specifically a juridical analysis of applicable legal norms. The purpose is to identify the factors leading to the lawsuit in the Denpasar District Court and analyze the judges' considerations regarding the legal status of a sale and purchase agreement based on debt. The findings indicate that the Supreme Court Decision No. 2053K/PDT/2019 is accurate, as it considers the principles of immediate payment and transparency, as well as the validity requirements of the agreement. The defendant did not acknowledge the sale and purchase agreement, but rather a debt. Therefore, the lawsuit should be dismissed.

Pengaruh Penganggaran Berbasis Kinerja Terhadap Kenaikan Tunjangan Kinerja Bawaslu Dalam Perspektif Hukum Keuangan Negara

Naufal Rizqiyanto — 2024-10-08

This research explores the impact of performance-based budgeting on the increase in the performance allowance of Indonesia's Election Supervisory Agency (Bawaslu) from the perspective of state financial law. This research examines how performance-based budgeting, which emphasises efficiency, effectiveness, and accountability, affects financial management and justifies the increase in allowances. By analysing the legal framework, empirical data, and performance metrics, this study aims to provide a comprehensive understanding of the alignment between budget allocations and performance outcomes in Bawaslu. The method used is normative research with primary, secondary and tertiary legal materials. The data generated from legal materials are described to find objective results. The results of this study The use of a performance-based budgeting system (ABK) by Bawaslu has influenced the policy of increasing performance allowances. Bawaslu's performance measurement refers to the principles of state finance, including efficiency, economic effectiveness, accountability, responsibility, professionalism, proportionality, and openness. The increase in Bawaslu's performance allowance is in accordance with the performance improvement that has been evaluated by Menpan RB, which is the institution responsible for bureaucratic reform.

Diskresi Penyelesaian Kasus Tindak Pidana Pelaku Pencabulan Dengan Kekerasan Terhadap Orang Dewasa

Fidelia Prabajati — 2024-10-08

Criminal acts are often a topic in news media, social media and print media, as information about criminal acts or acts that sometimes disturb people's thinking, and the application of sanctions as regulated in the Criminal Code. Regarding case Number 100/Pid.Sus/2015/PN.Mrs, it is considered appropriate in the application of the article charged, but the fine is considered less effective because most perpetrators choose imprisonment instead of the fine. The author uses a normative qualitative method, with a case approach model based on the judge's decision in the court decision in case Number 833/Pid/B/2022/PN.JKT.Sel. with the result that imposing a sentence on the perpetrator of the crime of sexual immorality has sufficiently accommodated the perpetrator's behavior and is oriented towards justice for the victim because the sentence imposed by the judge is not too far from Article 82 paragraph (1) in conjunction with Article 76E of Law Number 35 of 2014 concerning Amendments to Law Number 23 2002 concerning Child Protection not only that, fines are imposed on perpetrators, although in practice many replace it with imprisonment, it is considered sufficient to be able to compensate for the losses suffered by victims of criminal acts of sexual abuse.

Perlindungan Hak Upah Bagi Pekerja Dalam Lingkup Usaha Mikro Kecil Menengah

Alexander Kennedy — 2024-10-08

Wage protection for workers in the Micro, Small, and Medium Enterprises (MSME) sector is a crucial element in creating social and economic balance in Indonesia. Although MSMEs significantly contribute to the economy by absorbing nearly 97% of the workforce, many workers still face inadequate wages. This issue stems from factors such as financial limitations and a lack of understanding of labor regulations. This study aims to analyze the mechanism of wage protection in MSMEs and the role of legal culture in preventing violations of workers' rights. Using a normative juridical approach, the study examines relevant legal documents, including Government Regulation Number 36 of 2021 on Wages. The main findings show that existing regulations have not fully ensured the fulfillment of workers' wage rights, particularly in regions with less effective oversight. Additionally, the legal culture among MSME business owners and workers influences the implementation of these regulations. The results highlight the importance of an integrated approach between the government, business owners, and workers to ensure effective wage protection and social justice.

Sistem Hukum Penanggulangan Darurat Kesehatan dalam Perspektif Omnibus Law: Relasi terhadap Hak Asasi Manusia

Fradhana Putra Disantara — 2024-10-08

The purpose of this research is to examine various problems in overcoming the past health emergency (Covid-19 pandemic), and to initiate the use of the concept of omnibus law in the context of harmonizing the legal system for overcoming health emergencies with a human rights perspective. This research applies the normative research method using statutory, conceptual, and case approaches. The results show that the current regulation on health emergency management is still not comprehensive enough to guarantee legal certainty and protection of human rights. For example, the authority to determine regional quarantine in the hands of the Central Government is in fact not very effective, because each region in Indonesia has its own characteristics, so it would be better to apply regional quarantine asymmetrically by handing over the authority to determine regional quarantine to local governments who know better the real conditions in their regions. Then in terms of procurement and implementation of vaccinations, starting from the absence of legal certainty and protection to obtain halal-certified products (vaccines) as mandated in Law Number 33 of 2014 concerning Halal Product Guarantee, to the imposition of sanctions for delaying or terminating social security which actually contradicts Law Number 40 of 2004 concerning the National Social Security System. Therefore, it is necessary to harmonize the legal instruments for health emergency management using the concept of omnibus law which will revise all regulations related to the acceleration of infectious disease prevention, such as the implementation of regional quarantine, the application of sanctions, guarantees of community needs, to regulations related to the implementation of vaccinations.

Pengaturan Kampanye di Media Sosial: Telaah Kritis Peraturan KPU No 15 Tahun 2023 Tentang Kampanye Pemilihan Umum

Sapardiyono Sapardiyono — 2024-10-09

Campaigning in the digital age is increasingly facilitated by various features that support creativity and speed in sharing information about the campaign interests of election candidates. Social media has become a significant platform for influencing public opinion and shaping political narratives. Campaign arrangements in social media have been regulated in the provisions of articles 38 of KPU Regulation No. 15 of 2023. This study is intended to determine the extent of regulation of campaigns on social media in the 2024 elections and to predict various problems that may arise. The research method used is normative juridical. At the same time, the data used is secondary data, consisting of primary legal materials and secondary legal materials. The results reveal that the word ‘Social Media’ appears and is mentioned in this KPU Regulation 62 times. However, the existing KPU Regulation has not fully accommodated the potential problems that arise. For example, it is not clearly and concretely stated how to regulate campaigns using ‘video’ media in registered social media accounts. Furthermore, limiting the number of social media accounts to 20 is considered ineffective because it is easily circumvented by creating new unofficial accounts supported by buzzers. It also generalizes the regulation of election campaign advertisements in print mass media and online media, social media, and broadcasting institutions in the form of commercial and service advertisements for the community. Therefore, it is appropriate to add the diction of the word ‘video’ in Article 37 paragraph (4) and also regulate the technicalities of accounts other than official accounts deliberately created to benefit the campaign of election participants by adding new norms in PKPU.

Pemanfaatan Kecerdasan Artifisial (Artificial Intelligence/AI) Dalam Kerangka Pancasila

Grace Juanita — 2024-10-09

The development and advancement of technology, especially the Industrial Revolution 4.0, introduced humans to artificial intelligence (AI). AI plays a role in changing human lifestyles. There are logical and fair characters and use considerations of justice and human values, according to the Pancasila framework. This study presents the issue of whether Pancasila values are beneficial for the utilization of artificial intelligence. How is artificial intelligence utilized within the Pancasila framework? According to the issue studied, it answers that artificial intelligence, which continues to develop rapidly, has not been able to be in the corridor of its main objectives, namely the protection of human rights and respect for human dignity in the digital era. Even though the values of Pancasila are taught and grounded in the social environment, human behavior has not changed according to the targeted goals. Often the development model of artificial intelligence does not always adhere to ethical values, especially in areas that are closely related to efforts to replace the role of humans, who are vulnerable to eliminating respect for the nobility of human dignity.

Menelisik Legalitas Ahli untuk Mengundurkan Diri atau Minta Dibebaskan dari Kewajiban Memberikan Keterangan di Persidangan

Erwin Susilo — 2024-10-09

Article 168 of Indonesian Criminal Procedure Code (KUHAP) confers upon witnesses’ right to decline provide testimony, while Article 170 (1) stipulates that a witness may seek exemption from the obligation to testify. However, these provisions do not extend to experts, despite their frequent application in trials. This study seeks to critically analyze the role of experts in criminal evidence law and their legal standing to either withdraw or request exemption to testify. Employing a normative legal research method, the study reveals the following insights: First, experts are instrumental in elucidating non-legal aspects that are beyond the understanding of judges and parties in court, utilizing their specialized knowledge. However, they should refrain from making final conclusions, as this responsibility lies exclusively with the judge. Second, witnesses are required to provide objective testimony and may face penalties for perjury (pursuant to Article 242 KUHAP, Articles 291, and 373 of Law No. 1 of 2023), whereas experts offer subjective opinions and are not subject to such penalties. Consequently, Article 168 KUHAP is applicable solely to witnesses, while Article 170 KUHAP, through systematic interpretation linked with Article 120 (2) KUHAP, can be extended to encompass both witnesses and experts. The study advocates for the reformulation of Article 170 (1) KUHAP to explicitly include experts as individuals who may seek exemption from the obligation to testify, thereby safeguarding professions that are bound by confidentiality obligations.

Perlindungan Hukum Terhadap Pura Sebagai Kawasan Suci dari Komersialisasi Budaya Berdasarkan Peraturan Gubernur Propinsi Bali Nomor 25 Tahun 2020

Diah Gayatri Sudibya — 2024-10-10

Cultural diversity in each region in Indonesia has its own values ??that must be protected. One area that has a strong culture is the island of Bali. The richness and unique culture of the island of Bali is the foundation for establishing a cultural tourism concept that is based on and imbued with the Tri Hita Karana philosophy which originates from the cultural values ??and local wisdom of Sad Kerthi and is based on Balinese Taksu. The implementation of tourism based on Balinese culture must be quality oriented, so comprehensive planning is needed in accordance with the regional development vision of Bali and also oriented towards sustainability and competitiveness, which also requires tourism management standards based on Tri Hita Karana. Bali tourism is formed with a cultural tourism strategy, namely tourism that utilizes culture as its attraction. As we know, the tourist attraction of the island of Bali is its natural beauty in the form of mountains and beaches as well as various kinds of customs and culture which really attract the attention and curiosity of tourists. To develop a tourist area, cultural tourism has a big role, not only in Bali but in many regions in Indonesia, developing its culture as a tourist attraction, by utilizing the unique culture that is being developed into a tourist destination. However, the presence of tourism brings a new paradigm where culture, which was previously consumed by local people, is now being consumed by tourists. This is what is meant by “Cultural Commercialization” for tourism. Commercialization is presenting a culture such as traditional art that is not performed as is usually done in society, but is adapted to the time and purchasing power of tourists who witness it.