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:: Abstract List ::

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Intelectual Property Rights |
ABS-5 |
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Improving The Welfare of the Balinese People Through the Protection of Communal Intellectual Property Putu Ayu Sriasih Wesna
Warmadewa University
Abstract
Intellectual property rights are exclusive rights to enjoy economically the results of an intellectual creativity. In general, ownership of intellectual property rights can be grouped into 2 (two) parts, namely: personal/individual intellectual property ownership and communal/group intellectual property ownership. Personal intellectual rights are intellectual rights that are fully owned by individuals or groups of individuals with or without submitting an application to the State to obtain a monopoly right on economic exploitation, while communal intellectual rights are intellectual rights that are fully owned by a group of people who live in a place permanently. In this regard, communal intellectual property rights in Indonesia are divided into three, namely traditional cultural expressions, traditional knowledge, genetic resources and potential geographic indications. Indonesia as a member of the WTO has generally ratified the TRIPS Agreement, and subsequently enacted legislation in accordance with the TRIPS Agreement. The Balinese government in particular has made efforts to protect communal intellectual property with the aim of increasing the economic value of a local product containing intellectual property, especially communal intellectual property.
Keywords: community welfare, bali, protection, communal intellectual property
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| Corresponding Author (Putu Ayu Sriasih Wesna)
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| 2 |
Intelectual Property Rights |
ABS-6 |
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The Existence of Collective Management Organization for Copyrights Protection: Do Its Roles Applicable for Dance Copyright Work? Ni Ketut Supasti Dharmawan, I Made Sarjana, I Gede Agus Kurniawan, Putu Aras Samsithawrati
Universitas Udayana
Universitas Udayana
Universitas Pendidikan Nasional
Universitas Udayana
Abstract
The purpose of this study is to elaborate on the role of the Collective Management Organization in copyright protection particularly on the collection of royalty fees from the Indonesian legal perspective and to examine its role on dance works that are used commercially through digital media in the tourism sector. This study employs normative legal research with statutory and conceptual approaches. The results of the study show that from its history at the international level, the Collective Management Organization^s role is more focused on collecting royalty fees for music and song creations as a form of reward for the creator^s exclusive rights. In Indonesia, the existence of a Collective Management Organization is regulated under Articles 87 to 93 of Law No. 28 of 2014 on Copyright. Explicitly Article 89 of Law No. 28 of 2014 on Copyright covers the Government Regulation No. 56 of 2021 on Management of Song and/or Music Copyright Royalties which specifically regulates the collection of royalty fees for music and songs. In fact, the Indonesian Copyright Law provides space for Collective Management Organizations to play roles not only for music and songs- but also, for other copyright works, including dances with reference to Article 87 jo. Article 88 (2)(c) of Law No. 28 of 2014 on Copyright, as well as Article 3 (c) of Minister of Law and Human Rights Regulation No. 36 of 2018 on Procedures for Application and Issuance of Operational Permits and Evaluation of Collective Management Organization. Dances also have the potential to be used commercially through digital technology without permission from the Authors or related rights holders. Therefore, it is important to establish a specific Collective Management Organization for dance and other performing arts, considering that the existing Collective Management Organizations only focus on music and songs.
Keywords: Collective Management Organization, National Collective Management Organization, Copyright Protection, Royalty Fee, Dance Copyright Work
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| Corresponding Author (Ni Ketut Supasti Dharmawan)
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| 3 |
Intelectual Property Rights |
ABS-36 |
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Hermeneutics of Virtual Legal Education in 360o Reality Rosa Tedjabuwana, Anthon F. Susanto, Hesti Septianita, M. Alvi Pratama
Pasundan University
Abstract
The use of virtual reality in education and professional field is highly promoted in the past two years. The so called 360-degree virtual technology enable us to simulate space and conditions that either rare or unexplorable in real physical world. Medical practice has applied this technology to provide a patient a presentation of her current state of brain by turning her head and moving joystick, as well as her doctor to perform any possible scenario before taking brain surgery. Pilots able to practice their flight skill using virtual technology without flying real planes, geologist can simulate and calculate the effect of tectonic shift prior to actual events. Recent use of cutting-edge virtual reality can bring near real-life sensations to subjects who can feel actual presence of mood, sounds, vibration, or touches. Our thoughts are to provoke whether legal education can also be enhanced towards same direction, the utilization of 360- degree Virtual Reality. Legal hermeneutics is a study of symbolism manifested in interpretation of texts, actions, sayings, and behaviour of people. Virtual reality can be used in legal education to study how the nature of legal meaning take place, such as experiencing a simulated high profile case trial in courtroom, joining heated debate in parliament chamber, or negotiating contracts with real lawyer. Designing these scenarios in virtual reality can help students to refine their skill and give socio-psychological experience necessary in meaning-giving process of legal world, on how justice or injustice is constructed.
Keywords: Hermeneutics, Legal Education
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| Corresponding Author (Rosa Tedjabuwana)
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| 4 |
Intelectual Property Rights |
ABS-42 |
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Customer Satisfaction Analysis for Medical Service Quality from Foreign Females^ Perspective in Korea During COVID-19 Seiun Kim, Yiwen Shen
Kyungsung University
Abstract
The aim of this paper is to measure the relationship among medical service quality, customer satisfaction, and revisit intention for foreign female hospital visitors in Korea during COVID-19. This study employed a SERVQUAL model including COVID-19 regulations such as keeping social distance and COVID-19 symptom monitoring. Data was collected from 84 foreign females in Korea by an online survey from March 15 to May 15, 2022. We verified the data by various statistical analysis metrics, such as validity and reliability test, discriminant validity, and structural equation modeling analysis. The results from our analysis revealed that the responsiveness, empathy, and COVID-19 regulations significantly affect customer satisfaction. Consistently, the customer satisfaction of medical services positively impacts revisit intention. Therefore, hospitals should pay more attention to the regulation of COVID 19 and the quality of medical services. This study provides medical institutions with management strategies to increase customer satisfaction when an infectious disease occurs in the future.
Keywords: Medical service quality, COVID-19, Customer satisfaction, Revisit intention
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| Corresponding Author (Seiun Kim)
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| 5 |
Intelectual Property Rights |
ABS-52 |
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JURIDICAL ANALYSIS OF EUTHANASIA (RIGHT TO DEATH) BASED ON ARTICLE 344 OF INDONESIAN CRIMINAL CODE AND LAW NUMBER 39/1999 CONCERNING HUMAN RIGHTS Agustina Syahroel
Borobudur University
Abstract
Euthanasia or the right to die is the practiced of depriving human or animal life in a way that is considered TENTANG painless or causes minimal pain. Usually done by lethal injection. Euthanasia itself occurs due to the unbearable suffering experienced by the patient or an incurable disease or the patient in in a coma due to a medically incurable disease. The patientor his family will beg the doctor to end the patient^s life. Legal regulations on this issue vary from country to country and often change with changing cultural norms and the availability of medical care of or treatment . In some countries , euthanasia is considered legal, while in other countries such as Indonesia it is considered against the law. Base on Indonesian law the practiced of euthanasia is considered an act against the law and in often interpreted as a contradicting an article 344 Indonesian Penal Code.
Euthanasia in human rights perspective is a violation because the patients right to life must be protected. . From statutory point of view , there is currently no new and complete regulation on euthanasia.
The right to self determination cannot be used as a basis for a euthanasia. Relevance of medical ethics and human rights makes a doctor according to the knowledge he has must strive to protect and defend the patients life. Legal and human rights prospect to protect the rights of patients in the practise of euthanasia have not been properly implemented.
Indonesia does not recognize the right to die as a human right, only recognize the right to life
Keywords: Euthanasia, the right to life , human rights
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| Corresponding Author (Agustina Syahroel)
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| 6 |
Intelectual Property Rights |
ABS-67 |
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Regulation Model for Intellectual Property Financing Scheme (IPFS) Optimizing Msme Capital For The Tourism Sector (Comparative Study: Singapore And Malaysia) Putri Purbasari Raharningtyas Marditia, S.H., M.H, Tivana Arbiani Candini, S.H., LL.M
Atmajaya Indonesian Catholic University
Abstract
Loans are one way to increase business capital and usually require collateral to guarantee the interests of creditors. The type of collateral required depends on various aspects of the loan, such as the loan amount applied for, the length of time the loan is granted, and the purpose of the loan. Under the UNCITRAL Legislative Guidance on Secured Transactions: Supplement to Security Rights in Intellectual Property (^Additional^), the use of collateral to secure credit is extended to intellectual property rights (hereinafter, IP) to secure without interfering with the intellectual property policy of Property law. Based on the concept outlined in the UNCITRAL Legislative Guide, Malaysia in 2013 introduced the IP Financing Scheme (IPFS) to facilitate the use of intellectual property rights (IPR) as collateral and so far, Malaysia has provided financing of RM 27.35 million. to five companies: KRU Malaysia Sdn Bhd- Datamicron Systems Sdn Bhd- Infoconnect Sdn Bhd- Smart Mobile Technology Sdn Bhd and Giggle Garage Sdn Bhd. Similarly, in 2014, Singapore introduced IPFS to facilitate the use of IP rights as collateral and two years after its launch, S-100 million IPFS was awarded to a Singapore-owned footwear company as the first loan secured by a patent. Under several IPR laws, Indonesia allows the use of IPR to guarantee loans as fiduciary collateral, such as Law No. 15 of 2001 on Marks- Law Number 28 of 2014 concerning Copyright- Law Number 13 of 2016 concerning Patents. This IPR guarantee arrangement can be a means of supporting MSME capital, especially in the tourism sector. However, there are difficulties in implementing the new policy. This idea was once initiated by Indonesia by BEKRAF (Indonesian Creative Economy Agency), So through this paper, we will discuss 2 things: First, How the Regulatory Model will be used to optimize the use of IPFS in Indonesia to increase capital for MSMEs and Second, What are the tax provisions that can support state revenues in the development of MSMEs and the surrounding area in the tourism sector. This paper will begin with an analysis of the implementation of IPFS in Malaysia and Singapore, lessons learned from each country, and continue with the formulation of a regulatory model that is in accordance with the implementation of the IPFS model in Indonesia.
Keywords: Guarantee Law, Intellectual Property Financing Scheme (IPFS), Indonesia
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| Corresponding Author (Putri Purbasari Raharningtyas Marditia)
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| 7 |
Intelectual Property Rights |
ABS-80 |
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IMPLEMENTATION OF DRINKING WATER SUPPLY SYSTEM IN GUARANTEEING PEOPLE^S RIGHT TO DRINKING WATER IN DENPASAR CITY Ida Ayu Putu Widiati
Warmadewa University Faculty of Law Denpasar-Bali, Indonesia
Abstract
Drinking water is indispensable for the community to fulfill a healthy, clean, and productive life. The government has implemented a Drinking Water Supply System (SPAM) to guarantee people^s rights to drinking water, access to drinking water services, and the fulfillment of basic daily drinking water needs. Regional Public Company (Perumda) Drinking Water Tirta Sewakadarma Denpasar City is one of the RegionalLy Owned Enterprises organizing SPAM is obliged to guarantee the people^s right to drinking water. The main problems of the study are: how is the implementation of SPAM implementation in Denpasar City?- and what efforts are being made by the Tirta Sewakadarma Drinking Water Perumda in optimizing the fulfillment of the people^s right to drinking water in Denpasar City? This research is a normative legal research with a statutory approach. To complete the discussion, research was also carried out on the Tirta Sewakadarma Drinking Water Perumda, Denpasar City as one of the Perumda in Bali. The results showed that the implementation of SPAM in Denpasar City has paid attention to the aspects of quantity, quality, continuity, and affordability by enacting various policies. Based on the 2021 Drinking Water BUMD Performance Report, the Tirta Sewakadarma Drinking Water Perumda of Denpasar City achieved the highest rank in region IV with a Performance Value of 3.99 and a total of 88,820 SL customers. Common problems in organizing SPAM include low service coverage, lack of availability of raw water, lack of coordination between stakeholders, funding problems, Non Revenue Water (NRW) water loss, and efficiency energy (EE). The efforts of the Tirta Sewakadarma Drinking Water Regulation in fulfilling the people^s right to drinking water are: carrying out the construction of water storage areas or reservoirs, providing discounts to customers, providing web services, complaints, information, and notifications to customers and the wider community.
Keywords: drinking water supply system, people^s rights
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| Corresponding Author (Ida Ayu Putu Widiati)
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| 8 |
Intelectual Property Rights |
ABS-89 |
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LEGAL PROTECTION FOR VILLA OWNER FROM MANIPULATION OF THE VILLA BROKERS Ni Putu Egie Lyllien Cisquita, A.A. Sagung Laksmi Dewi, S.H.,M.H
Warmadewa University
Abstract
The brokers are person who helps villa owners to seek tenance, before offering a villa, they first makes an agreement both verbally and in writing with the villa owner regarding the rate of the villa rent cost. However, in practice, the brokers single handedly determines the rental rate for the villa according to his wishes and heeds the agreed agreement so that scalpers take advantage of toying with villa prices. This makes the villa owner feel at loss because the agreement is not executed and also has a negative impacts on the villa owner. The negative impacts of this makes tourists staying at the villa lonely because the villas that are rented out to tourists have high cost (1) How is the Legal Protection for owner villa if it the broker allegedly manipulating the booking cost? (2) Are there any Penalties for Brokers that single handedly manipulating the villa rent cost, that cause negative impacts on villa owners? the research method and the problem approach used is the normative method. The form of protection or legal remedies that can be taken by the villa owner are in the form of (1) How legal remedies outside the court such as mediation (2) How legal remedies by proceeding in court such as filing a lawsuit for default. Penalty that can be imposed on brokers if reviewed in a civil manner can be asked for compensation, cancellation of agreements, and risk transfer.
Keywords: legal protection, villa owner, broker
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| Corresponding Author (NI PUTU EGIE LYLLUEN CISQUITA)
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| 9 |
Intelectual Property Rights |
ABS-107 |
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LEGAL ASSURANCE ON CONSUMERS OF REFILL DRINKING WATER IN THE CITY OF DENPASAR Ayu Metta Sandra, Ayu Prasetya Dewi, Ni Made Puspasutari Ujianti
UNIVERSITAS WARMADEWA
Abstract
rinking water is a basic need for humans because most of the human body consists of water. Along with the development of people^s needs for drinking water which is getting higher and the development of free markets and competition in the business world, currently many refill drinking water depots have sprung up in Indonesia, especially in Denpasar City. These refill drinking water depots are usually managed on a small scale, but the impact is quite large. This refill business activity has taken a market share of bottled drinking water (AMDK) as much as 10% and involves 2000 points of sale. The rise of refill drinking water depots in Denpasar is currently very helpful for the community to meet their drinking water needs. This is because the price of refilled drinking water is considered much cheaper than bottled drinking water (AMDK). Refill drinking water that is not in accordance with drinking water quality standards will have an adverse impact on the body in the short and long term. With many refill drinking water depots whose water production is not in accordance with existing water quality standards, this means that one of the rights of consumers to obtain decent goods is not being fulfilled. Therefore, strict supervision is needed on the refill drinking water depot business, so that in its implementation it can meet the drinking water quality standards that have been determined by existing laws and regulations.
Keywords: Legal Certainty, Consumers, Refill Drinking Water
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| Corresponding Author (Ni Made Puspasutari Ujianti)
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| 10 |
Intelectual Property Rights |
ABS-108 |
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WITNESS AND VICTIM PROTECTION AGENCY IN UNCOVERING CRIMINAL ACTS OF MURDER COMMITED BY POLICE OFFICERS Ni Kadek Iwantari Putri, A.A. Sagung Laksmi Dewi, S.H.,M.H
Faculty of Law, Warmadewa University
Abstract
Disclosure of criminal acts of murder committed by police officers is very necessary for the role of witness statements to uncover these criminal events. Therefore, the role of LPSK is very necessary in providing protection to witnesses and victims. (1) What are the criminal sanctions for the perpetrators of the crime of murder committed by police officers? (2) How is the protection of witnesses and victims against the crime of murder? The research method used is normative with a conceptual approach. The legal arrangement of the police who commit the crime of murder will be processed in a general court trial, after a decision has permanent legal force, then members of the police will carry out a code of ethics trial with a dishonorable dismissal. The form of protection that can be provided by LPSK in accordance with its authority is in the form of physical protection and legal protection.
Keywords: LPSK, Murder Crime, Legal Protection.
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| Corresponding Author (Ni Kadek Iwantari Putri)
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| 11 |
Intelectual Property Rights |
ABS-117 |
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POLICY TO LIMIT THE TRANSFER OF FUNCTIONS AGRICULTURAL LAND I Nyoman Sutama
WARMADEWA UNIVERSITY
Abstract
The function of land in magical religiosity began to shift due to the development of tourism development, population development, settlement development which had implications for the conversion of agricultural land. Whereas the agricultural sector plays an important role in the national economy and the survival of the community. Important agricultural land as a medium for farming activities to produce staple food does not function optimally because it is necessary to do research related to what factors cause the conversion of agricultural land and what policies to minimize the conversion of agricultural land. The results of the study indicate that the development of tourism is one of the factors causing the conversion of agricultural land, where to provide tourism facilities requires land. This also encourages the commoditization of land, where land is used as a commodity object that is vulnerable to being traded. Another thing that causes the conversion of agricultural land is population development which has implications for the development of settlements where agricultural land is often the target of investors to be used as settlements. To anticipate this, land does not need to be used as an object of commodity or commoditization. If land is needed for tourism development, it can be done with a cooperation agreement. Land use includes, among others, leasing, borrowing, building for delivery, etc.
Keywords: Policy, Transfer of Function, Agricultural Land.
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| Corresponding Author (I Nyoman Sutama)
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| 12 |
Intelectual Property Rights |
ABS-118 |
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ARRANGEMENTS FOR SUBMISSION OF BUILDING USAGE RIGHTS IN LAND TRANSFER Ni Gusti Ketut Sri Atiti
WARMADEWA UNIVERSITY
Abstract
This paper discusses the application of Building Use Rights in land conversion. This paper aims to identify and analyze the regulation regarding the existence of a maximum threshold in the application of building rights for land conversion and the juridical implications of this arrangement. This type of research in this paper uses a normative method with a descriptive research nature. This paper results in research that the regulation regarding the application of building use rights in land conversion has indeed been regulated through laws and regulations according to the hierarchy, but there is still the possibility of exploitation of the regulations on the application of building use rights in land conversion within the maximum application limit, because only the maximum amount of area and time is regulated in one application, so that it can lead to repeated applications which eventually exploit the regulation regarding the conversion of the land itself.
Keywords: Building Use Rights, Submissions, Land Conversion
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| Corresponding Author (Ni Gusti Ketut Sri Astiti)
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| 13 |
Intelectual Property Rights |
ABS-121 |
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LEGAL PROTECTION OF BORROWER^S PERSONAL DATA IN ONLINE LOAN APPLICATION SERVICES I Komang Bintang Kurnianta, I Made Indra Sastrawan, IB Gede Agustya Mahaputra
WARMADEWA UNIVERSITY
Abstract
The development of globalization and technology is so rapid. Making things easier includes the presence of online loans which are the impact of technological advances and many offer loans with easier and more flexible terms and conditions compared to conventional financial institutions such as banks. However, in some cases of online loans, breaches of the spread of consumer personal data often occur. In this case, some of its customers have complained that their personal data has been disseminated by online loan providers without notification and without the permission of the owner of the personal data. Dissemination of personal data is carried out by sending messages to all telephone contacts owned by the borrower, where the message contains the borrower^s personal data, the amount of debt borrowed and notifies the person concerned to make debt payments from the borrower. In this study, a legal approach from the literature was used to review online lending rules and synchronize relevant rules and regulations to draw technical conclusions. The right to the protection of personal data is a right guaranteed by laws and regulations, in particular those of POJK NO. 77 / POJK.01 / 2016, letter a of article 26 requires financial service providers to retain personal data of consumers who use online loan application services. The overwhelming legal protection that consumers who are victims of misuse of their personal data by online credit activists can provide is a lawsuit against this law under Section 1365 of the Civil Code to provide legal certainty for consumer compensation.
Keywords: Consumer Protection, Personal Data, Online Loans
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| Corresponding Author (I Komang Bintang Kurnianta)
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| 14 |
Law and Land and Environment |
ABS-8 |
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COORDINATION PATTERN OF IMPLEMENTATION OF THE TOURISM SECTOR BUSINESS LICENSING AUTHORITY IN INDONESIA Cipta Indralestari Rachman, Arum Afriani Dewi, Muhammad Zeta Rifqi
Faculty of Law, Pancasila University
Abstract
The regulation of tourism in Indonesia which was originally regulated in Law Number 10 of 2009, has now been amended in Law Number 11 of 2020 concerning Job Creation. The Job Creation Law regulates business licensing in the administration of the tourism sector based on the level of activity risk determined by the Central Government. The issuance of business licenses in the law can be carried out by the Governor, Regent/Mayor or issued by the Minister who is authorized to organize the tourism sector. In this article, the author will analyze the distribution of authority for issuing business permits and the pattern of coordination between authorized officials in issuing business permits for the tourism sector. This paper aims to provide an understanding of the pattern of coordination between officials who have the authority to issue business permits for the tourism sector so that tourism business actors know to whom business permits should be submitted. This research is a normative juridical research and will be analyzed by descriptive analytical method.
Keywords: coordination pattern, government authority, business licensing, tourism.
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| Corresponding Author (Cipta Indralestari Rachman)
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| 15 |
Law and Land and Environment |
ABS-12 |
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Legal Aspects of Condotel Ownership for Property Investment in Indonesia Dr. Elsi Kartika Sari, SH., MHum
Fakultas Hukum, Universitas Trisakti
Abstract
The rapid development of housing is in line with the development of tourism areas, as well as efforts to increase the usability and functionality of land as building procurement to improve the quality of life for densely populated areas with limited land. Development in Indonesia is directed at high-rise buildings or hotel condominiums (condotel). Condotel built in a tourism area supports increased investment. Condotel is a multi-storey building that is built in an environment that is divided into functionally structured parts in horizontal and vertical directions, which are called units and every each units can be owned and used separately, equipped with shared parts, objects, and land, it can also be used as a star rated hotel. What are the legal aspects of condotel ownership as investment property in Indonesia based on Act No. 20 of 2011 concerning Flats. This research uses normative law with descriptive analysis research with secondary data. Ownership of condotel in Indonesia is a mixture of flats and hotels which are subject to the regulations of the Flats Law, but it functions as hotels. Based on the non-compliance by developer to the provisions of Article 29 Paragraph 2, Article 50, and Article 74-75 Act No. 20 of 2011, the Central Government and Regional Governments seem to ^allow^ this non-compliance behavior. On the basis of that reasons, for the sake of legal certainty and guarantee of legal protection for the investment climate in the condotel special property sector to enforce the rules and provide strict sanctions for parties who do not comply in accordance with what is mandated by the Flats Law. To support investment in the property sector in Indonesia, the Central Government needs to make a special policy for the construction of Non-Residential Flats (Condotel).
Keywords: Condotel Ownership, Property Investment
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| Corresponding Author (Elsi Kartika Sari)
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| 16 |
Law and Land and Environment |
ABS-15 |
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The Crime Of Treason at Polda Regional Papua on Criminological Perspective Yotham Th.Timbonga, Gracesy Prisela Christy, Irawaty datulembang, Helka Rerung
Kristen Indonesia Paulus University
Abstract
The Indonesian nation is an independent and sovereign nation. an age that is quite old for independence, noble ideals struggle for independence as written and implied in The opening of the 1945 Constitution, which has a free national life, by creating a state government that protects the whole nation and the motherland of Indonesia. High ideals driven by lofty desires and rooted in deep belief, that independence is a fundamental right and therefore every colonization regardless of its form and nature means plunder independence that is clearly contrary to independence humanity and justice. Theory Aanslag, crime of treason is a criminal act of treason against the state (Article 104) of the Criminal Code, a crime of treason to overthrow the Head of State (Article 107) of the Criminal Code and treason in the form of rebellion (Article 108) of the Criminal Code. The purpose of the study was to determine the factors causing treason in the Papua Regional Police and to determine the efforts to overcome the crime of treason by Law Enforcement Officials in the Papua Regional Police. This study uses a type of juridical-normative research sourced from materials primary and secondary, which are analyzed qualitatively by describing descriptively the results of appropriate and relevant data to answer the formulation of the problem in this study. The results of this study are that the factors causing the treason committed by members of the armed criminal group, are the people^s welfare factor which is reflected in the economy and the absence of equitable development. In addition, another factor is the factor of government centralization which is considered tyrannical, namely building power that is centered on one person, and the prevention of the crime of treason is carried out through pre-emptive, preventive, and repressive efforts. This effort is carried out by the police and in collaboration with the Papua Provincial Government, Indonesian National Army and the community.
Keywords: Crime of Treaseon, criminological, Armed criminal community attack
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| Corresponding Author (Gracesy Prisela Christy)
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| 17 |
Law and Land and Environment |
ABS-26 |
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The Legal Certainty of Right to Manage the Mandalika Special Economic Zone Endang Pandamdari
Doktor Ilmu Hukum Fakultas Hukum Universitas Trisakti
Abstract
Special Economic Zone is a zone with certain boundaries within the jurisdiction of the Unitary State of the Republic of Indonesia which is determined to carry out economic functions and obtain certain facilities. The Government Regulation number 52 of 2014 stipulated Mandalika Special Economic Zone as an area of 1,035.67 hectares in Punjut District, Central Lombok Regency, West Nusa Tenggara Province, which is a tourism zone. This study aims to describe the land status of the Mandalika Special Economic Zone and analyze its legal certainty of the right to manage. Therefore, the research questions were formulated into how is the land status for the Mandalika Special Economic Zone in terms of national land law and how is the legal certainty of the right to manage the Mandalika Special Economic Zone according to the Decision of the Supreme Court of the Republic of Indonesia number 634 K/Pdt/2022. The research method used was normative legal research using secondary data which was analyzed qualitatively. The result of this study described the suitability of the land status for the Mandalika Special Economic Zone with the national land law, namely land tenure of right to manage by Indonesia Tourism Development Corporation as the official holder of the right to manage certificate. However, in this Special Economic Zone there was a plot of land that was claimed to belong to Gema Lazuardi with an area of 60 acres. This land dispute was settled through the court. According to the Decision of the Supreme Court of the Republic of Indonesia Number 634 K/Pdt/2022, the land object of the case is declared valid right to manage by Indonesia Tourism Development Corporation. The certificate of right to manage was used as the strongest evidence of land ownership and guaranteed legal certainty.
Keywords: land, right to manage, special economic zone, legal certainty
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| Corresponding Author (Endang Pandamdari)
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| 18 |
Law and Land and Environment |
ABS-29 |
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Legal Economic Analysis Related to the State Concept Of The Welfare Law Lisma Lumentut, Yeheschiel B.Marewa
Faculty of Law, Universitas Kristen Indonesia Paulus
Abstract
This article aims to find out how the economic analysis of law and its relationship in the concept of a welfare state law as adopted by the Indonesian State. ^This type of research is normative juridical based on primary and secondary and tertiary materials, which are analyzed qualitatively by describing the results of the data used descriptively. The research result is an economic analysis of the law emphasizing efficiency in the allocation and utilization of resources, so that it can be efficient and effective. If this theory is connected with the concept of a welfare state which is based on the teachings of utilitarianism, efficiency can be understood as an effort to create welfare or prosperity for as many citizens as possible, but at the expense of the smallest individual interests. The
depiction of an economic point of view of law in Posner^s perspective gave birth to a behaviorial law or a behaviorial economy. The two habits were then synthesized until they merged into the behaviorial of law and
economy. Transaction fees are then adopted into legal arrangements. Transaction costs, which were originally economic principles, were later made into legal rules. This behaviorial principle seems to be clearly applied in a plural society, which cannot escape from transaction costs. As a result, the rule of law is a necessity that is able to provide legal certainty and maintain a sense of social justice in society. These rules can be in the form of contracts or regulations regarding the limits of ownership and property rights. Of course, all of this is directed towards achieving social welfare.
Keywords: Legal Economic, State Concept, Welfare Law
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| Corresponding Author (Lisma Lumentut)
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| 19 |
Law and Land and Environment |
ABS-37 |
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Legal Protection of Ngurah Rai Mangrove Conservation Area on Liquefied Natural Gas (LNG) Project in Sanur Village Ni Luh Ari Andini Adnyana, I Made Minggu Widyantara, I Nyoman Gede Sugiartha, I Gusti Agung Ayu Candra Ningrat
Fakultas Hukum, Universitas Warmadewa Denpasar
Fakultas Hukum, Universitas Warmadewa Denpasar
Fakultas Hukum, Universitas Warmadewa Denpasar
Fakultas Hukum, Universitas Warmadewa Denpasar
Abstract
Ngurah Rai Mangrove Conservation Area is located in Badung Regency and Denpasar City covering an area of 1,373.5 Ha. It has important functions, one of which is as an effort to prevent abrasion which is likely to threaten Bali. On February 23, 2021, one of PLN^s subsidiaries, PT PLN Gas & Geothermal (PLNGG) and PT Dewata Energi Bersih (DEB) signed a Memorandum of Understanding for a feasibility study for the development of Bali LNG Terminal. This collaboration is part of the effort to manifest the commitment to increase the use of clean and environmentally friendly energy. Referring to the vision of ^Nangun Sat Kerthi Loka Bali^, in which energy infrastructure development needs to be environmentally friendly and prioritize the value of local wisdom in order to maintain the sanctity and harmony of Bali^s nature. In the future, it is expected that the construction of the LNG Terminal infrastructure will be able to supply gas to the Pesanggaran Diesel and Gas Power Plant (PLTDG) in the early 2023. However, the residents of Intaran Village rejected this project because they are concerned it would destroy the Mangrove Forest ecosystem in the Ngurah Rai Mangrove Conservation area. The resident believe that this project is not in accordance with the Regional Regulation (Perda) regarding the amendment to Regional Regulation No. 16 of 2009 concerning the Bali Province^s Regional Spatial Plan (RTRW) for 2009-2029.
Keywords: Mangrove, Conservation, Energy
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| Corresponding Author (Ni Luh Ari Andini Adnyana)
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| 20 |
Law and Land and Environment |
ABS-63 |
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The Justice Values of the Islamic Inheritance System in Realizing the Sustainability of Collective Life Zainuddin, Salle, Andi Risma
Faculty of Law Universitas Muslim Indonesia (UMI) Makassar
Faculty of Law Universitas Muslim Indonesia (UMI) Makassar
Faculty of Law Universitas Muslim Indonesia (UMI) Makassar
Abstract
This paper explores the values ​-​-of justice in the Islamic inheritance system in realizing the sustainability of collective life. Justice is one of the essences of Islamic teachings. Justice in the inheritance law system is closely related to the rights and obligations of the heirs and heirs and society which can be viewed from theological, economic, and social perspectives. The value of justice from the theological point of view is that inheritance law contains justice for His servants and feels that it is part of Islamic law which is a form of obedience to Allah SWT. From an economic perspective, the practice of Islamic inheritance contains justice in the circulation of assets in the family, so that the heirs do not fall into poverty. With the Islamic inheritance system, assets are widely used and can maintain Islamic economic buildings from the form of hoarding of wealth. Economically, the distribution of inheritance can help equitable distribution of wealth, reduce inequality in the distribution of wealth, and can motivate heirs before death to actively seek sustenance so as not to leave poor offspring. While in social justice, living in Islam cannot be separated so that people who get the excess of the favors that Allah has given in the form of inheritance are obligated to provide for their families who can^t afford it. The implementation of inheritance law in the perspective of social justice is basically to ensure order and justice for the transfer of assets from the deceased to their heirs. Justice is meant to treat the same or not to distinguish one person from another. In other words, there are equal rights. This shows that Islamic inheritance law has provided social security for underprivileged families. If the Islamic inheritance system is practiced properly and correctly, it will realize the sustainability of collective life.
Keywords: Justice, Sustainability of Living, Islamic Inheritance
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| Corresponding Author (Zainuddin Zainuddin)
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| 21 |
Law and Land and Environment |
ABS-66 |
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LAND TENURE AS THE OBJECT OF INVESTMENT BY FOREIGNERS THROUGH MIXED MARRIAGE IN BALI Dr. I Nyoman Sujana, SH., M.Hum
Warmadewa University
Abstract
This article analyses ^Land Tenure as an Investment Object by Foreigners Through Mixed Marriages in Bali. The focus of the study in this paper is on the legal aspects of land tenure by foreigners in Bali for the benefit of tourism businesses under the guise of mixed marriages. In analysing the legal issue, the author uses empirical legal research methods with a statutory approach, conceptual approach, sociological approach and case approach. Based on the theory of authority, the theory of expediency and the theory of legal protection as an analytical tool, it can be understood that the tourism business in Bali cannot be separated from the presence of foreigners. Likewise, the control of land in Bali is not free from the control of foreigners, either through legal investment or illegally by taking advantage of the loophole to undertake mixed marriages. Balinese people who have a unique culture with Hindu religious nuances in their daily life as well as in running a business in the tourism sector are always based on the ^Tri Hita Karana philosophy^ which is manifested in behavior that really maintains a harmonious relationship between ^Man and God^, Man and Nature, and ^Humans with other Humans^. It is in this philosophy that the principle of good faith in investing is reflected, so that the control of land for investment by foreigners is obligated to respect this very noble principle- but in empirical facts it turns out that the control of Balinese land by foreigners through mixed marriages is only a cover, in fact what happens is that there is bad faith to control Balinese land just for personal gain at the expense of the nature of Bali wrapped in mixed marriages
Keywords: land tenure, Investment, foreigners, mix married
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| 22 |
Law and Land and Environment |
ABS-68 |
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THE JURIDICAL IMPLICATIONS OF VILLAGE MEMBERS CHANGING RELIGION FOR OCCUPANCY OF VILLAGE RESIDENTIAL LAND IN THE CUSTOMAY VILLAGE OF KETEWEL, SUKAWATI SUB-DISTRICT, GIANYAR REGENCY Wayan Harry Wijaya, I Nyoman Sujana, Anak Agung Istri Agung
Master of Notarial Law, Postgraduate Program of Warmadewa University Denpasar
Abstract
This thesis research analyzes the Juridical Implication of Village Members Changing Religion for Occupancy of Village Residential Land in the Customary Village of Ketewel, Sukawati Sub-District, Gianyar Regency. The study focuses on the position of customary village members changing their religion to the occupancy of village residential land in the Customary Village of Ketewel, Sukawati Sub-District, Gianyar Regency and the juridical implications for the occupancy of village residential land for the village members changing their religion in Ketewel Customary Village, Sukawati Sub-District, Gianyar Regency. The type of research applied is empirical legal research. As an analytical tool, the theory of justice, the theory of legal certainty and the theory of law enforcement are applied. From the results of the analysis, it was found that the position of the customary village members changing their religion to the occupancy of village residential land in Ketewel Customary Village, Sukawati Sub-District, Gianyar Regency is that every member of customary village changing his religion or the like is called a tamiu (guest). The juridical implications of occupancy on the village residential land for members changing their religion in the Ketewel Customary Village, Sukawati Sub District, Gianyar Regency, include: these members reserve no right to live or occupy the village residential land, can no longer use the customary village facilities such as graves, banjar halls and others. Reserve no right to occupy village residential land, in accordance with awig-awig of Ketewel Customary Village Article 4 Paragraph (1) which reads that: It is meant by krama desa (Village Members) is a family who is adhering Hindu Religion and lives in a village residential land house or rice field and dried land area in Ketewel Customary Village. Thus, indigenous people who are not Hindus have no right to live or occupy the village residential land.
Keywords: Juridical Implications, Changing Religion and Village Residential Land.
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| Corresponding Author (Wayan Harry Wijaya)
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| 23 |
Law and Land and Environment |
ABS-69 |
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NOTARY AS MEDIATOR IN MEDIATION EFFORT OF LAND DISPUTES OF THE PARTIES IN THE DEED NI LUH GEDE PURNAMAWATI
Doctoral Program in Law, Postgraduate Program, Warmadewa University Denpasar, Bali
Abstract
Notaries must be neutral and impartial in providing services to the community, not discriminating against status and class. In practice, a notary is also found who acts as a mediator in the mediation process for deed disputes. Morally, the notary is obliged to settle disputes that are still related to the deed product. The notary who mediates the parties in the deed can be done in the context of land disputes, such as in the binding deed of sale and purchase or deed of sale and purchase of land parcels. The research method used is a normative legal research method and uses 2 (two) approaches, namely the statutory or statutory approach and the conceptual approach. Notary as a mediator is carried out in accordance with what is mandated by Law Number 2 of 2014 concerning Notary Positions, in accordance with the legal basis of Notaries as legal counseling. The mediation stage is also carried out based on the procedures contained in the Regulation of the Supreme Court Number 1 of 2016 concerning Mediation Procedures, it also gives the authority for the mediator to help the parties resolve their dispute through mediation outside the court. The selection of a notary as a mediator is the desire of the parties who request the services of a notary to mediate, because the notary is a person who is trusted by the parties with all the advantages he has. The role of the Notary as a mediator in the land dispute mediation process which is still related to the parties in the deed he made is to ensure the object of the dispute and ensure the truth of the object of dispute in accordance with the deed he made while still determining the peace is the parties themselves.
Keywords: Notary, Mediation, Land Dispute
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| 24 |
Law and Land and Environment |
ABS-82 |
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DOES THE COVID19 PROTOCOL MIGHT BE CONSIDER LAW: WHY THE INDONESIA GOVERNMENT DOUBFULL TO ENFORCE THE LAW Caecilia Waha, Theodorus Lumunon, Luh Putu Sudini
Sam Ratulangi University
Abstract
Protocol is central in preventing COVID transmission19. Some discussions try to show the source and basis of published protocols. In Indonesia protocol is seen as a code of conduct rather than a law of conduct that must be obeyed. Although the source or making of the protocol is carried out by authorized institutions and based on legal orders to implement the COVID protocol19. Many protocol violations are caused partly because of this misunderstanding. Another reason is the existence of a multilevel legal structure that teaches that higher law provides the basis for lower law. Protocol as a tool to regulate individual behavior is at the lowest level.
This article discusses the basis of legal legitimacy for the government to prevent COVID19 with the authority of the government to issue regulations and laws both endorsed by parliament and the government as mandates to carry out tasks in the field of public health. Analyzing several sources of law, laws and regulations as well as reviewing community responses through mass media.
This research was conducted with qualitative techniques and data collection techniques carried out by means of focus group discussions of 15 key informants with backgrounds, medical staff, nurses, public health workers and legal practitioners who are at the post graduate school level. They were asked 5 general questions which were elaborated during an open interview.
The results of the study show that central government policies are not necessarily immediately responded by local governments. The regional heads generally consider the application of transmission prevention by implementing CBSS based on economic considerations and also the survival of the people^s economic life. So that the central policy in preventing COVID19 and its protocols is applied according to the situation of local pandemic conditions and local economic movements.
Keywords: transmission prevention, law sources, order, protocol, administration law
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| Corresponding Author (Caecilia J.J. Waha)
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| 25 |
Law and Land and Environment |
ABS-86 |
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LEGAL CERTAINTY OF THE POSITION OF THE EXECUTOR IN THE DEED OF WILL Karti Komalasari, I Nyoman Putu Budiartha, Putu Ayu Sriasih Wesna
Warmadewa University
Abstract
This thesis examines the legal certainty regarding the position of the executor of the will in the will in accordance with the provisions of Article 112 paragraph (1) a point 3 letter b (PMNA/KBPN Number 3/1997) and the legal consequences of the existence of a will. The method used is legal research. normative, Article 1020 of the Civil Code states that: ^If the heir does not appoint people who will act as a substitute for the manager who is unable to attend, then this will be determined by the District Court after hearing the office of the prosecutor^ where there is an empty norm if the executor of the will does not there is a substitute for carrying out the duties as executor of the will. Based on this description, it can be stated that the end of the task of implementing the will contained in the Civil Code is not clear (fuzzy norms). Article 1020 of the Civil Code that to become executor of a will does not need a court order, unless there is no executor of the will then the heirs will discuss to appoint a new executor of the will and if it is not appropriate, a decision will be made by the district court to carry out the implementation as executor of the new will .
Keywords: Legal Certainty, Executing Will, Will Deed.
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| Corresponding Author (Karti Komalasari)
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| 26 |
Law and Land and Environment |
ABS-90 |
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Legal Protection for Customers Credit Card Holder Bank Customers Which is Charged by Merchants in Payment Transaction Prof. Dr. I Nyoman Putu Budiartha, SH., MH, A.A. Sagung Laksmi Dewi, S.H., M.H, Nyoman Gde Antaguna SH.,MH
Warmadewa University
Abstract
The progress of the payment system in transactions using credit cards has the advantages of being efficient, easy, fast and safe. However, in its implementation, merchants use the payment system by surcharge so that it makes customers powerless and in Indonesia there are no regulations that are derivatives of the UUPK that regulates legal protection for credit card holders. The problems are: 1) What are the legal protection arrangements for bank customers who are credit card holders get surcharge by merchants in payment transactions? 2) What are the criminal sanctions against merchants who surcharge for credit card holder bank customers in payment transactions? The purpose of this study is to determine and examine the legal protection arrangements for bank customers who hold credit cards and criminal sanctions against merchants who charge a surcharge in payment transactions. The method used is the normative method. Legal protection for bank customers with a surcharge is stated in Article 8 paragraph (1) of Bank Indonesia Regulation 16/1/PBI/2014. Legal settlement efforts related to surcharges on customers can file a complaint with Bank Indonesia. After processing, Bank Indonesia will impose administrative sanctions up to the revocation of licenses for the operation of Payment System services.
Keywords: Legal Protection, consumers, credit cards.
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| Corresponding Author (Nyoman Gde Antaguna)
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| 27 |
Law and Land and Environment |
ABS-93 |
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LEGAL PROTECTION OF RIHGT HOLDER OF BUILDING USAGE RIGHTS THAT HAVE ENDED THE EXTENSION PERIOD IN ACCORDANCE WITH THE PROVISIONS OF GOVERNMENT REGULATION OF THE REPUBLIC OF INDONESIA NUMBER 18 YEAR 2021 I Made Suwimba Arimbawa, I Nyoman Sujana, I Made Pria Dharsana
Warmadewa University
Abstract
This paper analyzes the legal protection of land use rights that have expired in accordance with the provisions of the Government of the Republic of Indonesia Number 18 of 2021. The focus of the study in this paper is on the legal protection of land rights of buildings that have expired because the owner the certificate of right to use the building is too late to extend the certificate of the right to use the building. Research problem formulation: What are the legal consequences after the application for renewal of building use rights has passed? How is the legal protection for the ownership of the building on a plot of land with the right to use the building which has expired prior to the application for renewal in accordance with the provisions of Article 41 paragraph (2) of PP RI No. 18 Year 2021? The purpose and benefits of this research is to examine more deeply the differences in the content of the regulations regarding the implementation of the extension of building use rights and are expected to provide benefits both theoretically and practically for the development of science. The method used in this research is normative legal research. The legal status of building use rights whose validity period has expired according to statutory regulations is to return to the original legal status of the land rights, namely to return to state land or land with certain rights controlled by private legal subjects or civil legal entities. Legal protection for holders of Building Use Rights whose extension period has expired is by submitting an application for renewal of the Building Use Rights Certificate to the National Land Agency. The government should be able to issue a certificate in the application process for the holder of the certificate of building use rights that has expired.
Keywords: Legal Protection, Building Use Rights, and Government Regulations
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| Corresponding Author (I MADE SUWIMBA ARIMBAWA)
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| 28 |
Law and Land and Environment |
ABS-96 |
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LIABILITY AGAINST PHYSICAL DAMAGES OF TOURISM ATTRACTIONS ACCORDING TO THE BALI PERDA NUMBER 5 YEAR 2020 I DEWA AGUNG GEDE MAHARDHIKA MARTHA, S.H., M.H, NI MADE SUKARYATI KARMA, S.H., M.H.
Faculty of Law, Warmadewa University
Abstract
Indonesia is a country rich in culture and tourism. Tourism is a dynamic activity that involves many people and revives various fields of business. The importance of the role of tourism in economic development in various countries is no longer in doubt and tourism is one of the development sectors currently being promoted by the government. However, the lack of supervision and public understanding often causes damage and pollution to the environment of tourist objects because tourist visitors or visitors to the place, both local and foreign tourists, assume that the tourist attraction is a public place and free for anyone who visits there. Therefore, what are the rules for the physical destruction of tourist attractions in accordance with the Bali Regional Regulation Number 5 of 2020? and what is the criminal responsibility for the perpetrators of physical destruction of tourist objects in the province of Bali?. This research uses normative legal research. Regulations regarding the destruction of tourist attractions are regulated in Article 7 paragraph (1) of the Bali Provincial Regulation Number 5 of 2020 concerning Standards for Organizing Balinese Cultural Tourism explaining the prohibition of damaging tourist attractions that can reduce the aesthetics of the place. Responsibility for the destruction of tourist attractions by tourists can be charged with Article 37 paragraph (1) of Bali Provincial Regulation Number 5 of 2020 concerning Standards for Organizing Balinese Cultural Tourism.
Keywords: Law Enforcement, Destruction, Tourist Attractions.
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| Corresponding Author (I Dewa Agung Gede Mahardhika Martha)
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| 29 |
Law and Land and Environment |
ABS-99 |
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JUSTICE COLLABORATORS CRIMINAL POLITICS IN CRIMINAL ACTS IN THE ENVIRONMENTAL SECTOR Dr. I Nyoman Gede Sugiartha, A.A. Sagung Laksmi Dewi, I Made Minggu Widyantara, Ketut Adi Wirawan, SH., MH
WARMADEWA UNIVERSITY
Abstract
Environmental crime is one of the fields that often causes debate in the practice of applying the law. It is undeniable that the environment is a field that is very vulnerable to practices against criminal law, even acts against the law are not only done alone but together. so that the practice of law enforcement is needed an innovative step that is able to overcome criminal practices in the environmental field. In the discussion through a limited perspective, environmental crimes are often synonymous with a systematic or organized mode so that the character of Justice Collaborator becomes appropriate in handling cases of environmental crimes. When someone who has been arrested by law enforcement reveals a partner or party invited to organize a crime, of course this will make it easier for law enforcement to uncover crimes. However, this also needs to be regulated in such a way in the regulation of environmental crimes as applicable so far.
Keywords: Legal Politics, Justice Collaborator, Environmental Crime
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| Corresponding Author (I Nyoman Gede Sugiartha)
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| 30 |
Law and Land and Environment |
ABS-103 |
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ANALYSIS OF THE IMPOSITION OF FINAL INCOME TAX (FINAL INCOME TAX) AND DUTY FOR THE ACQUISITION OF LAND AND/OR BUILDING RIGHTS (BPHTB TAX) IN THE TRANSITION OF PROPERTY RIGHTS TO LAND IN GIANYAR REGENCY Putu Eka Wima Setyadi, Gusti Bagus Suryawan, A.A. Istri Agung
Postgraduate Masters in Notary, Warmadewa University
Postgraduate Masters in Notary, Warmadewa University
Postgraduate Masters in Notary, Warmadewa University
Abstract
Taxes related to the transfer of land rights are Final Income Tax (PPh Final) and Customs on Acquisition of Land and Building Rights (BPHTB tax). exchange, and others as agreed between the parties. While the BPHTB tax is a tax that arises and must be paid due to the acquisition of land and building rights when making sales/purchase transactions, grants or property auctions in the form of land and/or public buildings, which are often overshadowed by the taxes that must be paid. Ordinary people only know about the payment of Land and Building Tax (PBB) and not a few are surprised when faced with mandatory obligations in paying Final PPh and BPHTB Taxes, although the percentage is not small but the amount is quite large. Furthermore, 2 (two) fundamental problems are formulated to be studied, namely: (1) How is the imposition of Final Income Tax (PPh Final) and Customs for the Acquisition of Property Rights on Land and/or Buildings (BPHTB Tax) in the transfer of ownership rights to land in Gianyar Regency. (2) Is the imposition of Final PPh and BPHTB Taxes in the transfer of land ownership rights in Gianyar Regency in accordance with taxation principles. This section also describes the purposes and benefits of writing, as well as the originality of the research as the work of the real author. , and auctions. The rate for the imposition of Final PPh is 2.5% of the base of imposition while for BPHTB tax it is 5%. The transfer of rights through buying and selling is based on the agreed transaction value, Grants through the Sales Value of Tax Objects, Auctions through Auction values ​-​-while Inheritance is Nil aka there is no obligation to pay taxes. Imposition of Taxes - These taxes are closely related to the application of the principles of Taxation.
Keywords: PPh, BPHTB, Transfer of Land Ownership
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| Corresponding Author (Putu Eka Wima Setyadi)
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