KERTHA WICAKSANA

Batik Tulis Lasem: Perlindungan Berbasis Inventarisasi Kekayaan Intelektual Komunal

2024-08-14T09:50:18+07:00

This article aims to analyze the legal protection of Batik Tulis Lasem from the perspective of communal intellectual property. This research also aims to examine steps that can be taken by the government as an effort to protect Batik Tulis Lasem. This paper uses normative legal research methods with a statutory approach, a conceptual approach and an analytical approach. The results of the study show that the existence of Batik Tulis Lasem, which continues to be passed down from generation to generation from generation to generation, with the meaning and values contained in each element, deserves to be protected by the state as Communal IP in the form of TK and TCE. Steps that can be taken by the Government as an effort to protect Batik Tulis Lasem is to carry out an inventory as one of the Communal IPs that continues to be passed down from generation to generation from generation to generation with the meaning and value contained in each element. The inventory is carried out through 1) recordation and 2) data integration. Based on Permenkumham 13/2017, it is known that the inventory process is important to carry out as a defensive mechanism. Therefore, collaboration between all stakeholders plays a major role in collecting all data related to the existence and description of KIK itself.

Kedudukan Hukum Mahar “Sunreng” dalam Perkawinan Bugis Makassar

2024-08-28T09:36:20+07:00

This study aims to determine and analyze the implementation of the provision of land dowry in marriage according to national defense law, as well as the legal protection status of ownership of land rights in marriage dowry in Tanralili District, Maros Regency. In addition, it also aims to find out and analyze legal protection for women who receive dowry land in marriage in Tanralili District, Maros Regency. In addition to field research, namely open interviews with a number of local government officials such as the Head of BPN Maros Regency, Tanralili Sub-District, Head of KUA Tanralili District, as well as questions and answers with several residents who married with land as their dowry, a literature study was also conducted (Library Research) by studying related laws and regulations, books, journals, and articles obtained through the internet. Data analysis is carried out using qualitative and normative analysis techniques. The result of this study is that the implementation of dowry in marriage of national land law is valid or permissible as long as legal certainty in terms of certificates is submitted at the time of marriage contract if and according to national land law if registered with the national land office by first proving by a deed of grant made by the Land Deed Making Officer (PPAT). And Legal protection for women who receive land, the provision of dowry in marriage in Tanralili District, Maros Regency, which is the strongest on land, is a certificate made by the local land office, further suggestion that the granting of dowry in marriage can be recognized for its implementation according to national land law.

Implementasi Teori Hukum Keadilan Bermartabat Dalam Hukum Investasi

2024-08-14T09:50:20+07:00

Investment plays a crucial role in the economic development of a nation and the welfare of its people. Investment law governs the norms and regulations that encompass the possibilities, requirements, protections, and directions of investment to achieve such welfare. In the context of Indonesia, economic development and societal well-being are regulated by the Constitution, with the government having legislation that regulates both domestic and foreign investment. The theory of dignified justice, based on the values of Pancasila, serves as a fundamental principle in investment law, aiming for absolute justice, fair certainty, and utility as primary objectives. A case study on investment fraud in the mining sector illustrates the application of dignified justice theory in legal practice. This research aims to analyze the implementation of dignified justice theory in investment law in Indonesia, focusing on the principles of investment and case studies of investment fraud. The research method employed is juridical normative and literature review. The findings demonstrate that dignified justice serves as the main guideline in upholding the law and providing certainty for economic actors. Dignified justice reflects how the law addresses injustice, with the hope that existing regulations ensure fair certainty for all parties. Thus, investment law in Indonesia embraces the principle of dignified justice to bring about shared prosperity within society.

Model Pengembangan Tenaga Kerja Lokal dalam Meningkatkan Perekonomian dan Menunjang Pariwisata Desa Wisata Saba Kecamatan Blahbatuh Kabupaten Gianyar

2024-08-14T09:50:22+07:00

The legal protection of local workers in the Law of the Republic of Indonesia Number 13 of 2003 concerning Manpower and Regional Regulation (Perda) of Bali Province Number 10 of 2019 concerning the implementation of Manpower, Law Number 10 of 2009 concerning Tourism, Regional Regulation of Bali Province Number 5 of 2020 concerning Standards for Organizing Balinese Cultural Tourism, in companies located in Saba Tourism Village, Blahbatuh District, Gianyar Regency is a study of researchers. Companies located in Saba Tourism Village, Blahbatuh District, Gianyar Regency employ local workers in all fields, and it is highly expected that the Government in general and employers as investors and local workers in particular that arrangements regarding legal protection and local labor development models require separate policies from employers, where the employer is also obliged to foster good relations with all parties, namely investors, the Saba Tourism Village community and the Government of Gianyar Regency, because the policies and regulations issued by the company are inseparable from its supervision, to avoid the possibility of arbitrary actions by employers against the local workforce itself. The method used is empirical legal research, with primary data through field research, secondary data through library research. The purpose of this study is to examine and analyze the local workforce development model in the Company located in Saba tourist attraction Blahbatuh District Gianyar Regency, as well as the constraints and obstacles faced by a company in applying the legislation. From the research results obtained that the local labor development model seen from the condition of the internal factors of local labor development in improving the economy of the Saba tourist village community is still greater than the weakness factors, while the condition of external factors is still greater than the opportunity factor threat. The local workforce development strategy in improving the economy is a wearknes-opportunity (WO) strategy, namely improving the skills of local workers in the formal or informal sector, especially for local workers, then improving facilities and infrastructure and supporting human resources (HR), the employment training center (BLK) for training and improving the business skills of local workers in various sectors, accelerating services and prioritizing business investment rules so that they can absorb more local labor. While the empowerment of local labor in the Krisna souvenir business, Ajik's milk pie business, Aloe Vera business, Villa and Restorant business, Turtle Breeder business, Plaminggo business located in the Saba tourist village, Gianyar Regency, in accordance with the Bali Provincial Regional Regulation Number 10 of 2019 concerning the implementation of Manpower has agreed with the Blangsinga traditional village to coordinate with the Customary Village and it has been agreed to employ local labor around 70% from local labor in the Blangsinga traditional village, and 30% from outside labor. This shows that the local workforce recruited comes from their birthplace or is native to the area where they live and are domiciled in the area and are proven by identity cards (KTP) and family cards (KK). As well as the role of traditional villages in empowering local labor is very large, very influential on the company's commitment and there must be approval from the traditional village every time they recruit workers, with the aim that there is a balance between the rights and obligations of companies operating in the village which contributes to the welfare of the surrounding community and automatically provides welfare from the economic aspect. The targeted scientific journal output is a Sinta 4 Accredited National Journal entitled KertaWicaksana Journal, as well as a 2024 research report, and Intellectual Property Rights (IPR).

Kebijakan Pemerintah Daerah Bali dalam Mewujudkan Penyelenggaraan Pelayanan Kesehatan Tradisional Integrasi

2024-08-14T09:50:23+07:00

Progress and changing ages have an impact on changes in various areas of life, one of which is health. A variety of cutting-edge discoveries related to medical methods and medicines led to advances in both conventional and traditional health care. This development has led to various policies made by countries including Indonesia. Indonesia sheds health-related policy as a constitutional right of the people as set forth in the rules of enforcement. The guarantee of good health care gives the public the right to use the kind of medical or traditional health care. There are three types of traditional health care within the rules of enforcement: empirical, complementary, and integrated. This paper highlights the integration of traditional health services which, based on the authority of the Indonesian Government Regulations, mandate local governments to make regional policies that are in line with national policies. This writing uses normative methods with a legislative and conceptual approach. The results showed that the policy of the regional government of Bali in the maintenance of traditional health services integration implemented by issuing the regulation of the governor of Bali No. 55 Year 2019 on the traditional health service of Bali which provides guarantees on the implementation of health services traditional integration of bali as a collaboration carried out between the traditional complementary health services with conventional health services in health services facilities such as Puskesmas and hospitals. Progress and changes of the era have an impact on related types of traditional health services the integration given in its organization is established on the basis of the Decision of the Governor of Bali of the results of the analysis of the study team which is further established by the respective heads of the health service facilities.

Analisis Prosedur Pelaksanaan Itsbat Nikah Terhadap Perkawinan Sirri Berdasarkan Putusan Nomor : 473/PDT.P/2022/PA.LLG di Pengadilan Agama Lubuklinggau Kelas 1 B

2024-08-14T09:50:24+07:00

The procedure for implementing itsbat nikah provides legal protection because they obtain legal certainty from their marriage bond, so that all their rights can be recognized and protected. The purpose of this study is to find out and analyze the procedures for carrying out itsbat nikah, judges' considerations in deciding itsbat nikah cases and the factors that cause the applicant to apply for itsbat nikah based on decision number: 473/pdt.p/2022/PA.LLG. This type of research in legal research includes normative-empirical research. The approach used in this study is a legal approach in the form of legal norms, namely Law of the Republic of Indonesia Number 16 of 2019 amendments to Law Number 1 of 1974 concerning Marriage, and the Compilation of Islamic Law. The data collection techniques used are primary data and secondary data. The results of the study show that the procedure for implementing itsbat nikah is in accordance with the Book II Guidelines for the Implementation of Duties and Work Procedures of the Religious Courts. Consideration of the panel of judges in granting the itsbat of marriage to a siri marriage if it is in accordance with the pillars and conditions of Islamic marriage as well as the legal basis considerations, examines the case, its benefits, and puts forward syar'i arguments in its deliberations. The factor that became the reason for the applicant submitting hisbat marriage based on the decision number: 473/pdt.p/2022/PA.LLG was to complete the Umrah registration requirement investigators focus on Law Number 16 of 2019 concerning amendments to Law Number 1 of 1974 concerning marriage.

Kedudukan Akun Media Sosial Sebagai Warisan Digital Dalam Perspektif Hukum Perdata di Indonesia

2024-08-14T09:50:26+07:00

Globalization, accompanied by advancements in science and technology, has increased the usage of social media in Indonesia. Currently, social media accounts serve not only as platforms for interaction but also as potential sources of significant economic value. Moreover, regulations concerning the inheritance of social media accounts remain unclear and vary across platforms. The research methodology employed utilizes the normative juridical method, incorporating conceptual and case approaches. This study involves analysis of laws, court decisions, and social media platform policies. The research findings indicate that an extensive interpretation of inheritance in civil law, by considering their economic value, encompasses social media accounts. However, the implementation of social media account inheritance encounters various obstacles, including inconsistent platform policies. Some platforms have facilitated account preservation as memorials, but clarity regarding access to content or account management is lacking. Concerns persist regarding legal protection for heirs concerning social media accounts as inheritance. In the context of Civil Law, clear legal protection is necessary to ensure that heirs' rights are fulfilled, especially in acquiring economic benefits from inherited social media accounts. Furthermore, this paper underscores the necessity for clearer regulations within Civil Law concerning the inheritance of social media accounts. Strong legal protection is required to ensure justice for heirs and facilitate the effective and efficient resolution of digital legacy.

Pengaturan Pemblokiran Konten Penyebaran Kampanye Hitam Melalui Media Sosial

2024-08-14T09:50:27+07:00

Social media is regarded as the fifth pillar of democracy. The role of the mass media as the controller of governance and democracy is increasingly recognized and is now regarded as the fourth pillar of the democratic system. However, along with the opportunities that exist, the digital age also poses a serious challenge to democracy. This spread of disinformation can confuse people, empower voters and influence their choices. Another challenge is black campaign attacks of false information or hoaks, insults and slander aimed at political opponents to knock each other down, carried out through social media. Starting from the issue, the author tried to analyze and describe further about the blocking of the spread of black campaign content through social media. This research is conducted in a normative jurisprudence, that is, by looking at the problem through the legal principles contained in Indonesian law. In article 280 (1) letter c of the Election Act, which regulates the prohibition of campaigns in elections, the rules on black campaigns on social media are not comprehensively written and do not have a clear definition. According to Article 40 (2) of the Electronic Information and Transactions Act, the Government is obliged to prevent the dissemination and use of Electronic information and/ or electronic documents that have a prohibited load in accordance with the provisions of the regulations of the laws. However, this blockage can only be made against Electronic info and/or electronic documents which have illegal content, and does not include the termination of Internet network access as a whole. To offset the possibility of Internet abuse, the government has established a Internet Restriction Policy. By limiting the use of media, i.e. blocking and filtering websites or social media, surveillance, forced deletion of content, thorough blocking of social media on platforms and other communications information technologies.

Telaah Argumen Yang Mendukung Dan Menentang Peraturan Pemerintah No 80 Tahun 2019 Tentang Perdagangan Melalui Sistem Elektronik

2024-08-14T09:50:28+07:00

Business activities in e-commerce are currently rising in Indonesia along with the appearances of its regulations, like Government regulation 80/2019 which is creating pros and cons. This writing’s purpose is to analyze impacts from that particular regulation. The regulation creates better nuance in e-commerce for consumers, but doesn’t engage with small and temporary businesses. The regulation helps in regard to tax counting in e-commerce, but creates injustice between small offline and online UMKM in taxation. The regulation made the use of domain id as mandatory, while it shows national identity it’s also advancing portal’s access time due to the server that locates in Indonesia, however it’s rejected by Idea due to the consideration of domain as identity. Businessmen in e-commerce could transmigrate to platforms that are harder to reach by government's regulation. The regulation brings many good changes while also vulnerable to create harm.