Law Doctoral Community Service Journal https://www.ejournal.warmadewa.ac.id/index.php/ldcsj <p style="text-align: justify;">Law Doctoral Community Service Journal is a journal which is a reference source for academics and practitioners in the field of Legal studies especially community service. This Law Doctoral Community Service Journal is a journal published by Doctoral Program of Universitas Warmadewa jointly with Warmadewa Press. This journal is published 2 times within a year, namely January and Jully submitted and ready-to-publish scripts will be published online gradually and the printed version will be released at the end of the publishing period. Language used in Law Doctoral Community Service Journal is English.</p> en-US mirahyulistiawati@gmail.com (Anak Agung Mirah) Wed, 26 Jul 2023 04:35:37 +0700 OJS 3.1.2.4 http://blogs.law.harvard.edu/tech/rss 60 Optimizing the Empowerment of Mumbul Tourism Park as an Alternative Effort to Restore Sangeh Tourism Village After the Covid-19 Pandemic in Badung Regency https://www.ejournal.warmadewa.ac.id/index.php/ldcsj/article/view/7482 <p>The Island of Bali is famed for its nature beauty; therefore, the many tourism potentials being developed into tourist attractions must be able to attract tourists to visit Bali. Sangeh Tourism Village is one of the tourism villages in Badung Regency which is rich in various potentials. Unfortunately, since the Covid-19 pandemic until after the pandemic, tourist visits have decreased significantly. To overcome this, one of the tourist attractions having the potential to be developed in the Sangeh Tourism Village is the Mumbul Tourism Park. The advantages of the Mumbul Tourism Park are in terms of nature and spirituality so it can still be optimally developed and promoted in order to increase the tourism development of the Sangeh Traditional Village with a positive impact on Regional Original Revenue (PAD).</p> Putu Eka Trisna Dewi, Vinsensius Jala, I Wayan Ariyarta, Anak Agung Gede Triyatna, Made Adi Kusuma, I Gde Oka Suparyana, Hendro Ponco Raharjo Copyright (c) 2023 Law Doctoral Community Service Journal https://www.ejournal.warmadewa.ac.id/index.php/ldcsj/article/view/7482 Tue, 25 Jul 2023 13:05:38 +0700 Theoretical Basis for Setting Baga Utsaha Druwen Traditional Village (BUPDA) as an Economic Institution for Traditional Village Communities in Bali https://www.ejournal.warmadewa.ac.id/index.php/ldcsj/article/view/7483 <p>Bali is one of the provinces that does not manage its economy with the strength of natural resources, but with the strength of cultural resources. Just like natural resources, culture as an economic resource needs to be cared for. From the point of view of the science of law, differences in the positions of the burdens and the benefits resulting from these assignments constitute injustice. The allocation of these functions does not necessarily result in the establishment of a fair (structured, programmed, routine and systematic) cultural development system that connects budget recipients with cultural development actors. This research uses normative research methods, normative legal research is a scientific research method to find the truth based on scientific logic from the normative side. As is well known, each traditional village in Bali has different village potentials ranging from potential in the fields of agriculture, plantations, fisheries/marine affairs, tourism, to other creative industries. The formation of BUPDA is the best strategy in managing the potential and assets of traditional villages in Bali. Traditional villages that have grown and developed for centuries and have rights of origin, traditional rights, and original autonomy rights to manage their own household, have made a very large contribution to the continuity of people's lives in the nation and state that need protection and empowerment. As a community economic institution, BUPDA receives legal and political protection both nationally and internationally in accordance with applicable laws and regulations.</p> I Wayan Suarjana Copyright (c) 2023 Law Doctoral Community Service Journal https://www.ejournal.warmadewa.ac.id/index.php/ldcsj/article/view/7483 Tue, 25 Jul 2023 12:24:19 +0700 Development of People's Economy Based on Traditional Values in Bali https://www.ejournal.warmadewa.ac.id/index.php/ldcsj/article/view/7484 <p>Economic growth in a country is crucial for the well-being of its society. This research utilizes the normative research method, which is a scientific research method to discover truths based on scholarly logic from a normative perspective. Legal materials in normative research can include primary legal sources, secondary legal sources, and non-legal sources. The results of this research explain that various forms of institutions have been established in efforts to develop the community's economy at the village level, such as Village-Owned Enterprises (BUM Desa) and Cooperatives, as mandated by Law Number 6 of 2014 concerning Villages.</p> I Wayan Rideng, Ketut Kasta Arya Wijaya, Wayan Suarjana Copyright (c) 2023 Law Doctoral Community Service Journal https://www.ejournal.warmadewa.ac.id/index.php/ldcsj/article/view/7484 Tue, 25 Jul 2023 10:33:09 +0700 PKM of Increasing The Community Empowerment in Green Tourism In Penglipuran Village, Susut Sub-District, Bangli Regency https://www.ejournal.warmadewa.ac.id/index.php/ldcsj/article/view/7480 <p>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; &nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;Green Tourism problem is the main problem in developing tourism in the rural area. The awareness of tourism actors and the community in taking part in environmental protection needs to be empowered to make sustainable tourism development. The synergy of environment-based tourism development requires special attention from the government, business actors, and the community to be able to preserve the sustainability of the existing tourism. The concept of a tourist village is a form of community-based tourism that aims to prosper the people in the area. Currently, most tourism villages in Bali Province have not succeeded in developing properly. One of the problems is that people are confused about applying environmental law to the rapid progress of tourism which requires them to be innovative in gaining profits from the existing tourism activity. The problem to be answered is Efforts to realize the development of rural tourism based on green tourism in Bali. The application of the green tourism model based on the values of the local culture ​​can be used to build the concept of sustainable rural tourism in Bali. This Community Partnership Program (referred to as PKM) &nbsp;main objective is to develop a green tourism model that synergizes with the local cultural value ​​of the tourism villages based on Balinese cultural environmental law to increase environmental law awareness. This also helps in increasing the trust of the tourists in tourism villages, because they are legally protected by the purchased products and finally affecting guests to buy services, as well as improving the community’s standard of living.</p> <p>PKM activities by increasing community empowerment are related to local cultural values ​​that have been frequently carried out. However, empowering community activities as a green tourism model to increase tourism needs to be furtherly improved. Environmental protection is an effort to take responsibility which is very difficult so it results in a real decrease of the environmental quality, as well as in the pollution case, and environmental damage. However, Green tourism, which synergizes the values ​​that develop in society in protecting and preserving the environment, is an ideal form of protecting and managing the environment wisely to realize sustainable tourism development in Bali.</p> I Nyoman Putu Budiartha, I Nyoman Gede Sugiartha, A.A. Sagung Laksmi Dewi, I Made Minggu Widyantara, I Wayan Gede Swecana, Hartini Sarifan, Siti Aishah, Rafizah Abu Hassan , Ni Komang Wulan Prayatni Kana , I Putu Dicky Suryantha , Putu Ayu Candradiva Saraswati Copyright (c) 2023 Law Doctoral Community Service Journal https://www.ejournal.warmadewa.ac.id/index.php/ldcsj/article/view/7480 Tue, 25 Jul 2023 09:38:03 +0700 Optimization of Source-Based Waste Management in Apuan Village Through Village Regulations https://www.ejournal.warmadewa.ac.id/index.php/ldcsj/article/view/7604 <p>Trash is a problem faced almost everywhere in the world. Considering the numerous waste issues that occur, it is expected that all elements of society work together to tackle the waste problem from upstream to downstream. Bali, which is famous as a tourist destination, also has serious waste issues, prompting the Governor of Bali to issue Governor Regulation No. 47 of 2019 regarding Source-Based Waste Management. The purpose of this research is also to discuss the legal framework that enables the Apuan village government to implement a source-based waste management program and to understand the mechanism of source-based waste management. The research method involves conducting interviews with the Apuan Village Government, Susut Sub-district, Bangli Regency. Source-based waste management has not been fully implemented in Apuan Village due to the lack of legal framework for source-based waste management. The proposed solution to the partner is to draft a new village regulation that provides detailed provisions for implementing source-based waste management, as well as conducting Focus Group Discussions (FGD) and raising awareness about the importance of proper waste management. The method to be used involves providing assistance during the drafting of the village regulation and conducting public awareness campaigns on the significance of source-based waste management.</p> Luh Putu Suryani, Ni Made Puspasutari Ujianti, Ida Ayu Putu Widiati, I Made Gianyar, Dewa Gede Agung Semarabawa, I Wayan Sunarta, Ayu Metta Sandra, Ni Putu Laksmi Krisnina Maharani Copyright (c) 2023 Law Doctoral Community Service Journal https://www.ejournal.warmadewa.ac.id/index.php/ldcsj/article/view/7604 Tue, 25 Jul 2023 06:29:27 +0700 Empowering Village Administrators in Preventing Disputes Through Basic Paralegal Training in Apuan Village, Susut District, Bangli Regency https://www.ejournal.warmadewa.ac.id/index.php/ldcsj/article/view/7606 <p>Cases or disputes are common in both urban areas and rural areas. The existence of differences in interests causes disputes to occur both in the private sphere and in the public sphere. Likewise, in Apuan Village, small clashes often occur which sometimes cause disharmony in society. The importance of understanding community law and village officials will greatly help defuse and resolve disputes that arise in the community. The purpose of this research is to provide basic paralegal training to village officials to prevent disputes from occurring. The implementation method is by conducting interviews with the Apuan Village Government. This can happen due to the lack of public knowledge, especially the poor and marginal people about the law. Paralegal arrangements have been regulated in Law Number 16 of 2011 concerning Legal Aid and Regulation of the Minister of Law and Human Rights Number 3 of 2021 concerning Paralegals in Providing Legal Aid. very important socialized to the village level. As a follow-up step, it is necessary to provide basic paralegal knowledge for village officials as a protector of the community if there is a dispute in the community.</p> I Nyoman Gede Sugiartha, A.A Sagung Laksmi Dewi, Ni Made Sukaryati Karma, I Wayan Sunarta, Ayu Prasetya Dewi, I Gusti Agung Ayu Candra Nigrat Copyright (c) 2023 Law Doctoral Community Service Journal https://www.ejournal.warmadewa.ac.id/index.php/ldcsj/article/view/7606 Tue, 25 Jul 2023 13:23:06 +0700 Optimization of BUMDes Dharma Abadi Human Resources in Apuan Village, Susut District, Bangli Regency https://www.ejournal.warmadewa.ac.id/index.php/ldcsj/article/view/7607 <p>Apuan Village is one of the villages in Susut District, Bangli Regency, which has a lot of tourism potential and water resource potential. Each village may have a Business Entity to manage village potential through its business units. So Apuan Village established the Dharma Yuda Abadi Village Unit Business Entity since 2017. The business units managed by BUMDes Dharma Yuda Abadi are savings and loan business units, management of drinking water supply and management of tourist objects.</p> <p>However, due to the lack of human resource management capabilities owned by BUMDes Dharma Yuda Abadi, the development of BUMDes which was expected to be able to improve community welfare and also be able to increase PADes in Apuan Village could not be achieved. One indicator of the lack of management capability of the Dharma Yuda Abadi BUMDes Human Resources is the rejection of the responsibility of the Dharma Yuda Abadi BUMDes manager for the 2020 fiscal year, of course this will affect the performance of the BUMDes in subsequent years.</p> Ni Made Puspitasari Ujianti, Ida Ayu Putu Widianti, Dewa Agung Putu Purnama, I Wayan Sunarta, Putu Sandiawan Putra Wiranata, Ni Putu Laksmi Krisnina Maharani Copyright (c) 2023 Law Doctoral Community Service Journal https://www.ejournal.warmadewa.ac.id/index.php/ldcsj/article/view/7607 Wed, 26 Jul 2023 03:56:47 +0700 Transfer of Receivables to Third Parties through Cessie https://www.ejournal.warmadewa.ac.id/index.php/ldcsj/article/view/7608 <p>Cessie is a transfer of rights over intangible movable goods which are usually in the form of receivables on behalf of third parties, where a person sells his claim rights to another person. In activities at the cessie travel bank, it starts with the working capital needs of a company due to a breakdown in accounts receivable and receipts. So, to bridge the gap, a factoring business emerged in return for commission fees based on the cessie. The purpose of this study is to determine the form of transfer of receivables. This type of study uses a normative juridical research method that is analyzed descriptively. The results of this study can be concluded that Cessie is a term coined by doctrine, to refer to the act of submitting invoices on behalf of, as stipulated by Article 613 BW (burgelijk wetbook) which submission is carried out by making a deed. The deed of submission of invoices on behalf of is called a cessie deed.</p> I Made Pria Dharsana, Indrasari Kresnadjaja Copyright (c) 2023 Law Doctoral Community Service Journal https://www.ejournal.warmadewa.ac.id/index.php/ldcsj/article/view/7608 Wed, 26 Jul 2023 04:13:09 +0700 The Term "can" In General & Special Criminal Offenses Based on Principles, Theories, and Criminal Law Doctrines https://www.ejournal.warmadewa.ac.id/index.php/ldcsj/article/view/6196 <p>The term “can” is a legal term often used in relation to general offenses and specific offenses in criminal law. In the context of general offenses, the term “can” refer to the authority or power delegated to authorized officials to take criminal actions. The purpose of this study is to discuss the phrase “can” in general and specific offenses based on principles, theories, and doctrines of criminal law. The research method used is normative legal research, utilizing primary, secondary, and tertiary legal materials, through a legislative approach.</p> Youngky Fernando Copyright (c) 2023 Law Doctoral Community Service Journal https://www.ejournal.warmadewa.ac.id/index.php/ldcsj/article/view/6196 Wed, 26 Jul 2023 04:20:29 +0700 Registration of Transfer of Joint Ownership of Land Rights After Divorce https://www.ejournal.warmadewa.ac.id/index.php/ldcsj/article/view/7641 <p>The maintenance of land registration data has been regulated in statutory regulations, among others regulating the transfer of land rights that occur by law in the form of inheritance. Of all the HAT transfer registrations, there is no regulation regarding the registration of the land rights transfer jointly owned by the divorced husband and wife. A husband and wife bought a plot of land and registered it in the husband's name, then they divorced and agreed that the land would become part of the wife. The question arises what are the effects of divorce on assets and how is the procedure for registering the transfer ofland rights between husband and wife who are divorced from land rights belonging to them together? Thus, this study aims to discuss the effects of divorce on assets and to find out how to register the transfer of land rights between husband and wife who are divorced. This type of normative legal research, with primary, secondary and tertiary legal materials, uses statutory and case approaches. Legal material is analyzed by legal analogy construction with deductive thinking method. The results obtained show that first the wife's name is recorded in the certificate, then an APHB is made by the Land Deed Officials and registered at the Land Office so that the certificate is written in the name of the wife.</p> I Nyoman Alit Puspadma Copyright (c) 2023 Law Doctoral Community Service Journal https://www.ejournal.warmadewa.ac.id/index.php/ldcsj/article/view/7641 Wed, 26 Jul 2023 04:24:08 +0700