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61 Law on Licences and Labor ABS-56

IMPLEMENTATION OF OUTSOURCING ( TRANSFER) JOB UNDER LABOR LAW NUMBER 13 YEAR 2003
Siswanto

Borobudur University


Abstract

Competition in the business world between companies makes companies have to concentrate on a series of processes or activities to create products and services related to their main competencies. With the concentration on the main competencies of the company, a number of quality products and services will be produced that are competitive in the market. In an increasingly tight corporate climate, companies are trying to make cost of production efficient. One solution is the outsourcing system, where with this system the company can save expenses in financing the human resources (HR) working in the company concerned. Outsourcing is defined as the transfer or delegation of several business processes to a service provider agency, where the service provider agency carries out administrative and management processes based on definitions and criteria agreed upon by the parties. Outsourcing in Indonesia is regulated in the Manpower Law Number 13 of 2003 (articles 64, 65 and 66) and the Decree of the Minister of Manpower and Transmigration of the Republic of Indonesia No. Kep.101/Men/VI/2004 of 2004 concerning Procedures Agreement of Employer/Laborer Service Provider Company and Kepmenakertrans. The results of the study stated that the implementation of job transfers to other parties in the company must be carried out in accordance with applicable provisions both under Law No. 13 of 2003 and the decision of the
Minister of Manpower and Transmigration and can achieve business goals, namely process efficiency and focus on business. In Law No. 13 of 2003 and the Decree of the Minister of Transmigration, it has been regulated in detail the procedures for implementing the transfer of work to other parties, so that by referring to these two regulations the company can properly transfer work to other parties.

Keywords: outsourcing, manpower law, business world

Share Link | Plain Format | Corresponding Author (Siswanto Siswanto)


62 Law on Licences and Labor ABS-78

LEGAL PROTECTION FOR DEBTORS FOR THE EXECUTION OF FIDUCIARY GUARANTEE OBJECTS (Case Study at Pt. Summit Oto Finance Denpasar Branch)
I Putu Baladeva Vidyasagara, I Nyoman Putu Budiartha, Putu Ayu Sriasih Wesna

Warmadewa University


Abstract

The tendency of today^s society to buy an item with payment in installments several times so that the best way is through consumer finance institutions where sales and purchase agreements are made in installments or periodically. The formulation of the problem in this study is how the execution of the object of fiduciary guarantees carried out by the consumer finance company PT. Summit Oto Finance Denpasar Branch as a creditor and how is the legal protection for debtors for the execution of fiduciary guarantee objects at the consumer finance company PT. Summit Oto Finance Denpasar Branch. The research method used in this study is an empirical juridical research method, with a descriptive analytical approach, the data sources used are primary data and secondary data. The results of this study are the execution of the object of fiduciary guarantees carried out by consumer finance companies as creditors. the creditor executes by giving a power of attorney to a 3rd party (collector) to withdraw the object of collateral by agreement between the debtor and creditor. Legal protection for debtors for the execution of fiduciary guarantee objects in consumer finance companies, namely, consumers who experience forced withdrawals on the highway. The government through the decision of the Constitutional Court has issued a new regulatory breakthrough that prohibits financing companies from forcibly withdrawing motorized vehicles on the highway or unilaterally unless there is a court decision and there is a mechanism that must be passed, the sale of fiduciary guarantee objects is carried out through a process public auction and the debtor has the right to make the transfer by selling independently, the debtor has the right to apply for compensation.

Keywords: Legal protection, Fiduciary Guarantee Execution and Financing Company.

Share Link | Plain Format | Corresponding Author (I Putu Baladeva Vidyasagara)


63 Law on Licences and Labor ABS-81

REVIEWING THE LEGALITY OF THE USE OF RELIGIOUS NAMES AND SYMBOLS FOR TRADEMARKS
Cokorde Istri Dian Laksmi Dewi, Wayan Santoso, I Made Sudira

Universitas Ngurah Rai


Abstract

Entrepreneurs use religious names and symbols for trademarks of their businesses so that they are easy to remember and are considered to have commercial value. A trademark is a symbol used by a wholesaler that becomes a recognizable name or symbol to identify a product or service that is distributed to the marketplace. Trademarks make a product easily recognizable because it is unique and different from other businesses. A trademark exclusively identifies a product as belonging to a particular company and acknowledges the company^s ownership of the mark. The use of religious names and symbols for trademarks has occurred in Indonesia, even these businesses already have trademark certificates. Even though the use of religious symbols triggers unrest and also causes offence from the people. In this study it will be discussed about 1) whether religious names and symbols can be used for trademarks? 2) What are the legal consequences for objections to the use of religious names and symbols for trademarks? Article 20 of the Law of the Republic of Indonesia Number 20 of 2016 concerning Marks and Geographical Indications states that it is contrary to state ideology, laws and regulations, morality, religion, decency, or public order. The use of religious names and symbols in a business activity is a violation of the law in this case it can be suspected as blasphemy or blasphemy of religion as referred to in Article 156a of the Criminal Code concerning Blasphemy/Defamation of Religion jo. Decree of the President of the Republic of Indonesia Number 1 of 1965 which has been amended into Law Number 1 of 1965 concerning the Abuse and/or Blasphemy of Religion.

Keywords: name and symbol, religion, trademark

Share Link | Plain Format | Corresponding Author (Cokorde Istri Dian Laksmi Dewi)


64 Law on Licences and Labor ABS-94

LEGAL PROTECTION OF FOREIGN WORKERS IN INDONESIA POST THE ISSUANCE OF PRESIDENTIAL REGULATION NUMBER 20 OF 2018 CONCERNING THE USE OF FOREIGN WORKERS
Ida Bagus Gumilang Galih Sakti

Doctoral Program in Law, Warmadewa University, Denpasar, Bali.


Abstract

The use of foreign workers in Indonesia is increasingly in demand by companies. Facing shifts in values and the way of life of industry and trade actors, labor inspection is required to be able to take anticipatory steps and be able to accommodate all developments that occur. Therefore, improvements to the labor inspection system must continue to be carried out so that the laws and regulations can be implemented effectively by industry and trade players. Thus, labor inspection as a system carries out the mission and function so that the laws and regulations in the field of manpower can be enforced. In this paper, there are two main issues that will be investigated, namely, how is the legal protection for foreign workers in Indonesia after the issuance of Presidential Regulation No. 20 of 2018 concerning the Use of Foreign Workers and how to set sanctions for employers who violate the provisions of positions that are allowed for foreign workers. With a normative juridical case approach method which is carried out through an assessment of the laws and regulations, using a legal concept approach. This study aims to analyze how the legal protection of foreign workers in Indonesia after the issuance of Presidential Regulation No. 20 of 2018 concerning the Use of Foreign Workers. As well as to analyze the sanctions arrangements that can be given by the government to employers who violate the provisions of positions that are allowed for foreign workers, both in terms of administrative sanctions and criminal sanctions based on positive law in force in Indonesia.

Keywords: Legal Protection, Foreign Workers, Presidential Regulation, Labor

Share Link | Plain Format | Corresponding Author (Ida Bagus Gumilang Galih Sakti)


65 Law on Resolution of Tourism Investment and Business Disputes ABS-9

HARMONIZATION OF UNCITRAL MODEL LAW ON INTERNATIONAL COMMERCIAL ARBITRATION AS A LEGAL PROTECTION TOWARDS TOURISM INDUSTRY
Herliana., SH., M.CommLaw., PhD

Faculty of Law Gadjah Mada University


Abstract

Tourism industry is one of the world^s leading industries, yet it lags behind other industries in term of the use of alternative dispute resolution (ADR) especially arbitration. Dispute in tourism industry often involves parties from different jutisdictions .Travel agents, airline, hotels, rental vehicles company and travel insurers can come from different countries. The use of litigation is needless, not only because it is costly and destroy productive relationships, but also the court decision in one jurisdiction cannot be enforced in another jurisdiction. While tourism or travel arbitration has been recognized in China, Thailand, Singapore and many other countries, this type of arbitration is not well known in Indonesia.
Tourism industry in Indonesia has become one of the main sources of currency earnings which contribute around 5% of Indonesia^s total GDP. At the same time, tourism provides around 13 million jobs, representing aorun 11% of total employment. This due to the increasing number of foreign tourist arrivals. It is therefore important to provide legal protection toward tourism industry by providing arbitration law that meeting the standard set up by the UNCITRAL Model Law. The objective of this article is to analyze how harmonization of Indonesian arbitration law towards UNCITRAL Model Law will promote the cooperative resolution of disputes in tourism industry.This topic is important to address since it is part of the effort that the Indonesian government must do as part of tourism development efforts. The Indonesian government shall bring its arbitration law up to the international standard to be able to compete with countries in Asia in the tourims sector.

Keywords: : tourism arbitration, harmonization of arbitration law, UNCITRAL Model Law on Commercial Arbitration

Share Link | Plain Format | Corresponding Author (Herliana Herliana)


66 Law on Resolution of Tourism Investment and Business Disputes ABS-51

Application of General Principles of Good Governance in Tourism Policy: Case Study of Borobudur Temple Tariff Increase
Sulistyowati

Faculty of Law National University


Abstract

This paper explains that applying the general principles of good governance must be done both before and after making a policy. Normative law is used in this paper. The way of data collection is a literature study. The result is that to be said to be a country, and there must be a government, a territory and a people. In order to realize the goals of a country, the government must carry out its functions properly. The function of government must include all aspects of life, both ideological, political, economic, social, cultural, tourism, defence and security. In terms of regulating all these aspects, of course, it requires a policy, including in this case regarding tourism. Tourism is an activity of travelling from one place to another in a certain period with planning, and the purpose is to have fun or recreation. One of the tourism in Indonesia is Borobudur Temple as one of Indonesia^s historical relics, even becoming one of the world^s wonders. This is so attractive for both domestic and foreign tourists. The policies taken in each tourist attraction are, of course, different. As for the policy of implementing entrance tickets for tourist attractions, it is also an important thing that needs to be discussed comprehensively because it concerns the public interest. In terms of determining the policy of increasing the tariff for entry into Borobudur Temple and then it was cancelled, the government has not applied the general principles of good governance, namely expediency, accuracy and public interest, causing unrest in the community.

Keywords: General Principles of Good Governance, Tourism Policy, Tariffs, Borobudur Temple

Share Link | Plain Format | Corresponding Author (Sulistyowati Sulistyowati)


67 Law on Resolution of Tourism Investment and Business Disputes ABS-54

Framework for Settlement of Industrial Relations Disputes in the Field of Cultural Tourism Based on Local Wisdom in Sumbawa
Asri Wijayanti, Lelisari, Indah Kusuma Dewi, Chamdani, Samsul Arifin

Muhammadiyah Surabaya University Muhammadiyah Mataram University Muhammadiyah Buton University Wijaya Putra University Muhammadiyah Surabaya University


Abstract

Cultural tourism is one way to explore national identity. The development of cultural tourism will be hampered if there is a dispute in industrial relations between the actors producing goods or services (entrepreneurs, workers, and the government). Industrial relations disputes in the cultural tourism business can occur between employers and workers. The purpose of this study is to provide an overview of the forms of industrial relations dispute settlement in cultural tourism based on local wisdom. This legal research uses a statute approach, conceptualizing and identifying local wisdom in Sumbawa, West Nusa Tenggara, Indonesia. The result of the study is a form of settlement of industrial relations disputes in the field of cultural tourism based on local wisdom in Sumbawa, West Nusa Tenggara, Indonesia, based on ten saleng, namely saleng pediq, saleng adage, saleng saduq, saleng sakikiq, saleng tulung, saleng sating, saleng good, saleng satotang , saleng beme and saleng santurit. In conclusion, the ten values &#8203-&#8203-of saleng must be a principle of life that the Sumbawa people firmly hold when carrying out employment law relationships in the cultural tourism business. Recommendation, the government as the actor of industrial relations is obliged to facilitate so that the industrial relations system in the cultural tourism business sector in Sumbawa can be conducive through the regulation and development of supporting infrastructure based on the ten values &#8203-&#8203-of saleng.

Keywords: industrial relations disputes, local wisdom, Sumbawa, cultural tourism

Share Link | Plain Format | Corresponding Author (Asri Wijayanti)


68 Law on Resolution of Tourism Investment and Business Disputes ABS-76

How sustainable is tourism in Bali? Study of the contribution of the tourism sector in the Sarbagita Region-Bali
P A S M Putri, A A S M Srihandari, I G A A Wulandari, I K Darma, A A S Purnami, I K Putra

Department of Economic Development, Warmadewa University
Department of Economic Development, Warmadewa University
Department of Economic Development, Warmadewa University
Department of Economic Development, Warmadewa University
Department of Economic Development, Warmadewa University
Department of Economic Development, Warmadewa University


Abstract

Bali is a tourist island that has a long historical footprint of the tourism sector. The rapid growth of the tourism sector raises questions related to the contribution of the tourism sector in Bali to local communities considering that the mecca of world tourism is now sustainable tourism. This study focuses on the contribution of the tourism sector to the economic sustainability of local communities in improving welfare both economically and socially. This study used secondary data analyzed using structural equation modeling. The results of the analysis shows
that the contribution of the tourism sector has an insignificant effect on the Human Development Index, but has a significant effect through employment opportunities. Direct investment has an insignificant effect on the Human Development Index, but it has a significant effect through employment opportunities. This means that job opportunities are a full-mediation variable because they are able to accelerate the influence of the contribution of the tourism sector and investment on the Human Development Index.

Keywords: tourism sector contribution, investment, employment opportunities, human development index

Share Link | Plain Format | Corresponding Author (Putu Ayu Swandira Meylinda Putri)


69 Law on Resolution of Tourism Investment and Business Disputes ABS-87

VALIDITY OF PEACE DEEDS IN DISPUTES BETWEEN BUSINESS ACTORS AND CONSUMERS
Desak Gde Dwi Arini, SH.M.HUM, Anak Agung Sagung Laksmi Dewi, SH.MH

Faculty of Law, Warmadewa University Denpasar


Abstract

Disputes between business actors and consumers are regulated in Law Number 8 of 1999 concerning Consumer protection, which stipulates that parties who will resolve consumer disputes can take litigation and non-litigation channels. The litigation channel is carried out through the general judiciary while the non-litigation route is through the Consumer Dispute Resolution Agency, utilizing mediation, conciliation, or arbitration. The formulation of the problem is how to resolve disputes between business actors and consumers, and how is the legal force of peace deeds in disputes between business actors and consumers. The research method uses normative legal research, with sources of primary legal material and secondary legal material. The results of the study obtained that dispute resolution between business actors and consumers is regulated in law Number 8 of 1999 concerning Consumer Protection. With priority arrangements in resolving consumer disputes, it is through non-litigation channels by seeking peace between the parties with the principle of a win-win solution so that good relations between business actors and consumers are maintained. In the dispute resolution process, business actors should always uphold ethics, especially in the transparency of related documents so that consumers do not need to take efforts that will damage the image of the business actors themselves. And the legal force of the peace deed in disputes made between business actors and consumers in the settlement of consumer disputes outside the court is juridically valid and has the same legal force as agreements in general, namely as a law for its makers under Article 1338 of the Civil Code. But it would be better if the peace deed was made in the form of an authentic deed with ratification through the court.

Keywords: Validity, Deed of Peace, Dispute, Business Actors, Consumers

Share Link | Plain Format | Corresponding Author (Desak Gde Dwi Arini)


70 Law on Tourism ABS-2

Developing Tourism in Indonesia through Functional Asymmetrical Decentralization
Andy Omara, Ph.D, Gunawan Tauda, S.H.,LLM.

Universitas Gadjah Mada School of Law
Bulaksumur Yogyakarta, Indonesia


Abstract

Existing literatures explain two different models on how a country is governed i.e. centralized and decentralized models. Centralization means central government is the sole authority in governing the country. Local governments within centralized model do not have significant power to determine the method to manage regions. All affairs and businesses managed and carried out by central government. Centralized model therefore often called as top-down approach. This approach is somehow more effective because it does not require to consider the inputs from local governments. Such approach, however, will not likely last long because local governments --the entities which will implement such policies-- are neglected. They are excluded in the decision-making process. Another approach is decentralized model. Unlike centralized model, decentralization believes that local government plays essential roles in determining policy for the regions. The central authority will consider very seriously all inputs from local government so that it fits with the real-world situation on the ground. Utilizing centralized-decentralized approaches, this paper aims to analyze what would be the most favorable approach in developing regions particularly tourism in Indonesia. Should it be centralized or decentralized. This paper argues that decentralization particularly functional asymmetrical decentralization is essential for local government in developing tourism. Functional asymmetrical decentralization recognizes the unique characteristics of each and every region based on its function -not solely based on political consideration. Within this approach, every regional authority should identify it function as reflected in the unique characteristics of the region. This is important so that it can be developed optimally. To complement such approach, the central government should consider seriously all relevant inputs from local government so that it fits with the need of the regions as well as the national grand design for the whole regions in Indonesia. These combined approaches are important because developing one region have significant impact to the neighboring regions. The central government in this case plays significant roles in coordinating and bridging among regions.

Keywords: Functional Asymmetrical Decentralization, Tourism, Indonesia

Share Link | Plain Format | Corresponding Author (Andy Omara)


71 Law on Tourism ABS-21

REGULATION OF LEGAL PROTECTION AGAINST TOURISTS AND IMPLEMENTATION OF CRIMINAL SANCTIONS AGAINST THE ACT OF AGAINST THE LAW ACCORDING TO LAW NUMBER 10 OF 2009 ON TOURISM
I KETUT SUGIARTHA S.H.,M.Kn

Universitas Warmadewa


Abstract

This study aims to determine the legal protection for tourists according to Law No. 10 of 2009 concerning the implementation of criminal sanctions against tourism. against the law against part or all of the physical tourist attraction according to Law Number 10 of 2009 concerning Tourism. The type of research used is normative research or library research.
Based on the description above, it can be concluded as follows. According to Article 62 of Law Number 8 of 1999 concerning Consumer Protection, it is stated that the losses suffered by tourists caused by human error which in this case were carried out by tour guides and other staff are acts against the law as regulated in Article 1365 of the Civil Code. The law provides legal protection for those who are harmed by demanding the party causing the loss to provide compensation to tourists who have suffered losses for the travel agent as the organizer (producer) is obliged to provide legal protection and provide trust for the services that have been provided. According to Law Number 10 of 2009 concerning Tourism, Article 64 paragraph 1 and paragraph 2 states that (1) Anyone who intentionally and against the law damages the physical tourist attraction as referred to in Article 27 shall be punished with imprisonment for a maximum of 7 years. (seven) years and a maximum fine of Rp. 10,000,000,000.00 (ten billion rupiah). (2) Any person who due to negligence and against the law, physically damages, or reduces the value of a tourist attraction as referred to in Article 27 shall be sentenced to a maximum imprisonment of 1 (one) year and/or a maximum fine of Rp. 5,000,000,000.00 (five billion rupiah)

Keywords: Legal Protection- Traveler- Criminal sanctions

Share Link | Plain Format | Corresponding Author (I KETUT SUGIARTHA)


72 Law on Tourism ABS-23

DEVELOPMENT OF ECO-TOURISM WITH CULTURAL INSIGHTS AND LOCAL WISDOM FOR COMMUNITY EMPOWERMENT
Made Sukereni

Warmadewa University


Abstract

The purpose of this study is to analyze (1) ecotourism activities to support community empowerment- and (2) cultural values and local wisdom that can support ecotourism development. The method used is a type of normative legal research. The results of the study show (1) Ecotourism activities support community empowerment aimed at increasing the role and participation of the community in tourism development in order to obtain economic, socio-cultural benefits from tourism development- provide equal opportunities to all members of society. Therefore, the development of community-based tourism requires coordination and cooperation as well as a balanced role between various elements of stakeholders including the government, the private sector and the community- and (2) cultural values and local wisdom that can support the development of ecotourism show that there are many cultural values and local wisdom that can be explored and developed through ecotourism activities to support economic empowerment and community welfare. These cultural values and local wisdom are manifested in many forms and activities such as customs, mindsets, and community behavior.

Keywords: Development, Ecotourism, Culture and Local Wisdom

Share Link | Plain Format | Corresponding Author (Made Sukereni)


73 Law on Tourism ABS-24

THE POTENTIAL OF SPECIAL INTEREST ECO-TOURISM BASED ON LOCAL WISDOM OF COMMUNITY CULTURE
Putu Komala Rita

Warmadewa University


Abstract

The aims of this study were to analyze (1) the potential for special interest ecotourism based on local wisdom in Mount Rinjani, NTB- and (2) implementation of special interest ecotourism on Mount Rinjani, NTB. The method used is a type of normative legal research. The results showed (1) The potential for special interest ecotourism based on local wisdom in Mount Rinjani NTB after Mount Rinjani by the West Nusa Tenggara Provincial Government was designated as Rinjani Geopark as well as a tourist destination with the concept of community based ecotourism (community based tourism). With this concept, tourism activities will involve community participation and can provide economic benefits for the community- and (2) The implementation of special interest ecotourism based on local wisdom on Mount Rinjani NTB does not involve indigenous peoples. Thousands of foreign tourists and domestic tourists come and go to stay at hotels, villas and inns around Mount Rinjani but socially and economically do not provide benefits to the indigenous people of Mount Rinjani.

Keywords: Potential, Ecotourism, Local Culture, Culture-Based, Community.

Share Link | Plain Format | Corresponding Author (Putu Komala Rita)


74 Law on Tourism ABS-25

Empowering Pecalang To Pursuit Drug-Free Bali Tourism
I Wayan Sukawinaya

Warmadewa University


Abstract

The dominant existence of pecalang has been known on socio-cultural among people of Bali. Despite his role to maintaining security, pecalang has also been a role model symbol of orderliness among traditional society. To utilize this respected figure, pecalang could be a potential asset to pursuit Bali as a tourist destination which free from illicit drug trafficking
and abuse. Tourism business doers could recruit pecalang on guarding their tourist or entertainment site from illicit drug abuse and trafficking, in order to providing a safe and conducive tourism activity. However, pecalang can^t involved to crime eradication including drugs crime yet, due to limited authority which given by existing law, either traditional or
national law. Thus, this paper is aimed to making a new law, in terms as legal basis to empowering pecalang on drugs crime^ eradication, to work together with existing law enforcement officers. Yet, authority restrictions to avoid abuse of power and inefficient function on drug criminal system, must be concerned on that new legislation design. This normative writing is a prescriptive and applied writing, uses literature and sociological approaches, sourced by primary and secondary data with document and literature study collecting technique. First, this paper analyzes role and authority of pecalang, given by all existing law in Bali. Then author will reconcile it to drugs crime national law, before formulate a new law for pecalang as an important role to pursuit drug-free tourism in Bali,

Keywords: Pecalang, Drug-Free Tourism, New Legislation.

Share Link | Plain Format | Corresponding Author (I Wayan Sukawinaya)


75 Law on Tourism ABS-30

MANAGEMENT RIGHTS ON LAND AS LOCAL GOVERNMENT ASSETS IN THE DEVELOPMENT OF TOURISM AREA
Irene Eka Sihombing

Faculty of Law, Trisakti University, Doctor of Law Study Program


Abstract

One of the key factors for the implementation of regional development and expansion, where one of which is tourism, is the availability of land. The law on agragrian principles (Undang-Undang Pokok Agraria) as the main provision in the land sector provides various types of land rights to be owned. In addition to these land rights, there is a management right of the land which is not mentioned in the provisions at all. This right can only have a legal relationship with certain subjects, one of which is the Regional Government. However, in its development, this management right has shifted its meaning into some kind of land right. In developing a tourism area, the Regional Government with its Management Rights has the opportunity to cooperate with a private sector. The problem in question within this paper is whether the management rights as an asset of the local government can be equated with as a type of land rights, and how the cooperation between local governments as the subject of management rights with a private sector in the development of tourism areas. The method of writing related to the type of research is normative with a descriptive nature. Management right is unique, because these right have both a public and civil nature. That^s why Management Right is considered as land rights. In cooperating with the private sector, the Regional Government as the holder of the Management Right has a wide opportunity to gain profits, but on the other hand, the bound between the holder of the Management Rights and the private sector, as such a lease agreement.

Keywords: MANAGEMENT RIGHTS, LOCAL GOVERNMENT ASSETS, TOURISM AREA

Share Link | Plain Format | Corresponding Author (Irene Eka Sihombing)


76 Law on Tourism ABS-33

EFFORTS TO REVITALIZE INDONESIAS TOURISM INDUSTRY IN THE MIDST OF THE COVID-19 PANDEMIC
Dr. Setyo Utomo, SH., M. Hum, Hj. Yenny AS, SH.MH, Klara Dawi, SH.MH, Dr. Siswadi, SH.M.Hum, Aleksander Sebayang

Faculty of Law - Universitas Panca Bhakti, Pontianak
Faculty of Law - Universitas Panca Bhakti, Pontianak
Faculty of Law - Universitas Panca Bhakti, Pontianak
Faculty of Law - Universitas Panca Bhakti, Pontianak
Faculty of Law - Universitas Panca Bhakti, Pontianak


Abstract

One of the impacts caused by the Covid-19 pandemic in Indonesia is the decline of the tourism sector industry. Visits of foreign and local tourists that fell drastically, the decline in hotel occupancy, to the increasing number of unemployed due to the loss of work for those involved in the tourism industry. In connection with these conditions, through this article, we try to contribute ideas on how efforts should be made to revive the Indonesian tourism industry in the midst of the Covid-19 pandemic. In writing this article the legal research method used is a sociological or empirical legal research method, by applying a descriptive analysis that presents a specific picture of a situation, social arrangement, or relationship. The results of descriptive research are in the form of a detailed description of the problem or answers to research questions.

Keywords: Pandemic, Covid-19, Industry, Tourism

Share Link | Plain Format | Corresponding Author (Setyo Utomo)


77 Law on Tourism ABS-34

EMPOWERMENT OF MICRO, SMALL AND MEDIUM ENTERPRISES (MSMEs) TO ACCESS CAPITAL RELATED TO ECO-TOURISM DEVELOPMENT (Case Study in Penglipuran Village, Bangli Regency)
DEWA GEDE WIBHI GIRINATHA

Faculty of Law Warmadewa University


Abstract

The purpose of this study is to analyze the empowerment of Micro, Small and Medium Enterprises (MSMEs) on access to capital related to ecotourism development based on Law Number 10 of 2009 concerning Tourism. The type of research used is normative legal research using a statutory approach. The sources of legal materials used in this research are primary, secondary, and tertiary legal materials collected through library research. Sources of primary legal materials include statutory approaches as clarity to classify as well as systematic and consistent preparation to facilitate analysis, secondary legal materials are obtained from the literature and collected systematically so that they can be used as reference references in conducting analysis. The technique of collecting legal materials is done through library research using descriptive analysis techniques that are presented quantitatively. The problem discussed in this study is the limited
access to capital in empowering MSMEs in Penglipuran Village, Bangli Regency, especially MSMEs engaged in the tourism business. Considering that MSMEs have a big influence on national development, especially in villages that are places for ecotourism development, such as Penglipuran Village.

Keywords: Access to Capital, MSMEs, Ecotourism

Share Link | Plain Format | Corresponding Author (Dewa Gede Wibhi Girinatha)


78 Law on Tourism ABS-40

DYNAMICS OF ECO-TOURISM BASED ON NING TRI LOCALTY WISDOM IN BALI
I Putu Eka Suyantha

Warmadewa University


Abstract

The purpose of this study is to analyze (1) the distribution of ecotourism in Bali- and (2) ecotourism based on local wisdom with a three-way pattern (tri ning tri) in Bali. The method used is a type of normative legal research. The results showed that (1) the distribution of ecotourism in Bali was divided into three types, namely (1) Investor type, (2) Government type, and (3) Community type. Each type has different characteristics when viewed from the aspect of the product, community involvement, development strategy, and the character of the tourists. Each type of ecotourism in running its business, always doing positioning, looking back at its starting point so as not to touch the land of other parties- and (2) ecotourism based on local wisdom with a three-way pattern (tri ning tri) in Bali can live together even though they have different characters (rwa bhineda). The concept of good and bad rwa bhineda as two sides of reality is accepted in the frame of harmony. Likewise, in the empirical reality of the development of the three types of ecotourism, each of which contains good and bad qualities in a very wide range of scales, but all of them can live in their respective ^orbit^ trajectories.

Keywords: Dynamics, Ecotourism, Local Culture, Tri Ning Tri, Bali.

Share Link | Plain Format | Corresponding Author (I Putu Eka Suyantha)


79 Law on Tourism ABS-41

An Approach of The Big Data Analysis on Customer Satisfaction in Luxury Wellness Resorts in Bali luxury hotels and resorts through wellness attributes
Angellie Williady, Hyun-Jeong Ban

Kyungsung University


Abstract

Tourism is one of the key pillars supporting Bali^s economy and due to the COVID-19, it was facing a major drop. However, starting on April 1st 2022, the resort island of Bali is opening for inbound travelers with a more relaxed COVID-19 related regulation as a part of border opening in the Southeast Asian country after a decline in the number of cases. Alongside the border opening, wellness tourism is gaining popularity due to the post-pandemic trend and Bali is one of the best wellness destinations in the world. This study will be examining online reviews of 10 most popular luxury wellness resort in Bali through Google Travel derived from SCTM 3.0. To examine the attributes affecting customer satisfaction, this study utilized R program and UCINET 6.0 as part of data refining, processing and visualization. Followed by SPSS, used to perform Exploratory Factor Analysis and Linear Regression Analysis. This study will allow luxury wellness resort managers to know the attributes and to utilize the key attributes to perform better and to increase their visitors and with that gaining more financial benefit.

Keywords: Wellness resort, Customer satisfaction, Big data, Semantic Network Analysis, Text Mining

Share Link | Plain Format | Corresponding Author (Angellie Williady)


80 Law on Tourism ABS-43

COASTAL BOUNDARIES: CHALLENGES AND LAW ENFORCEMENT ON HOTEL SERVICES IN INDONESIA TOURISM AREAS
Bambang Karsono, Ika Dewi Sartika Saimima, Dwi Andayani Budisetyowati

Faculty of Law Bhayangkara Jakarta Raya University


Abstract

As an archipelagic country, Indonesia has always been a tourist choice for travelers. Beach tourism is an option for tourists. In addition, the coastal area is one of the primary commodities of state income from the tourism sector. However, coastal areas often have problems related to control, ownership, use, or utilization of land. There are many violations of spatial planning, for example, making the object of the building a place of lodging around the shoreline. The development around the shoreline violates Article 17 of Law Number 33 concerning Job Creation which states that any person in carrying out his business and or activities utilizing the space that has been determined without having an agreement on the suitability of the use of space by causing a change in the function of the space will be punished with imprisonment for a maximum of 3 years and a fine-a maximum of 1 billion rupiahs. Presidential Regulation Number 51 of 2016 concerning Coastal Boundaries emphasizes the importance of establishing coastal boundaries. Preliminary observations of this problem indicate that there are still many buildings around the shoreline used as lodging, which results in abrasion of the coastal area. This study uses empirical normative legal research methods and studies of legislation that have not been effective. Law enforcement is needed to maximize the role of the government and society

Keywords: Law Enforcement, Spatial Planning, Coastal Borders

Share Link | Plain Format | Corresponding Author (Ika Dewi Sartika Saimima)


81 Law on Tourism ABS-50

Empowerment Of The Bangelan Village Community In The Development Of Tourism Village In Malang Regency
Ririen Ambarsari, Anindya Bidasari, Darajatun Indra Kusuma Wijaya, Fahmi Arif Zakaria

PGRI Kanjuruhan University Malang
PGRI Kanjuruhan University Malang
PGRI Kanjuruhan University Malang
PGRI Kanjuruhan University Malang


Abstract

As one of the villages in Wonosari District, Malang Regency, Bangelan Village has an area of 167.20 Ha, with a population of 4,461 people, where Bangelan Village has a lot of potential including Natural Resources Potential, Human Resources potential, institutional potential, facilities and infrastructure potential, and agricultural potential, which includes the agricultural, plantation, and home industry sectors. Bangelan village is known as an area with enormous potential including coffee plantations, springs and tourism with great potential. In Bangelan Village, there is an interesting tourist spot, namely the Tanaka waterfall. However, the Bangelan tourist village until the end of 2021 has not been able to run optimally and support village original income (PAD). Not many breakthrough programs have been carried out by both the Bangelan village government and the Malang Regency government such as promotions, training for tourism village managers and so on. Therefore, this service activity is based on the spirit to provide understanding, enlightenment as well as convey information to the Bangelan village community regarding the importance of empowering the Bangelan village community towards the potential of tourism villages in Bangelan Village, which has been developed starting in 2019.

Keywords: Empowerment, Village Community, Tourism village

Share Link | Plain Format | Corresponding Author (Ririen Indria Dian Ambarsari)


82 Law on Tourism ABS-57

Cultural Objects and Traditions as Tourist Attractions of Negeri Soya, Ambon City
Bernadeta Resti Nurhayati

Faculty of Law and Communication, Soegijapranata Catholic University


Abstract

Ambon is one of beautiful cities located at Maluku Islands. Beside the old fort and the church left by the Portuguese and Dutch colonialism, Ambon City has some negeris. A negeri is a unit of customary law community tied in a village. One of the traditional lands is Negeri Soya which is one of 22 negeris in Ambon City that remains maintaining the cultural traditions and customs passed down by their ancestors both in the forms of cultural objects (tangible) and traditions (intangible).
The data gathering technique of this study was carried out by in-depth interviews with Mr. Raja (King), Ms. Raja, several Saniri members and people of Negeri Soya. Besides, the writer also visited directly the existing cultural objects.
The results of the study showed that the culture and traditions of Negeri Soya have been preserved since their ancestors came to the land. These cultural objects include Teung Stones that are scattered in the territory of Negeri Soya. The stones are believed to be the embodiment of the boat that brought their ancestors from their negeri of origin at Seram Island to the land of negeri they live today. In addition there are Baileo, the King^s house, Soya church, Sirimau old jars, and various other cultural objects. One of the traditions that is still maintained today is Cuci Negeri ( washing the negeri, a tradition held in the second week of December. This cultural and traditional wealth needs to be managed better in order to become one of the Ambon^s tourism attractions.

Keywords: traditional negeri, Negeri Soya, cultural objects, the richness of Indonesian traditions.

Share Link | Plain Format | Corresponding Author (Bernadeta Resti Nurhayati)


83 Law on Tourism ABS-58

LEGAL PROTECTION FOR TOURISTS IN POST-COVID-19 TOURISM DEVELOPMENT IN INDONESIA
Divi Kusumaningrum, Ariella Gitta Sari, Geger Suhartono

Faculty of Law, Kadiri University


Abstract

The COVID-19 pandemic has had a huge impact on many aspects of Indonesia and even the world. The sector that has the most impact is the tourism sector, which is not only felt in Indonesia but also internationally. However, tourism itself cannot be separated from legal aspects, the legal basis of tourism activities in Indonesia is contained in Law Number 10 of 2009 concerning Tourism, besides that the very basic thing from increasing tourism activities is how a country provides a sense of security and comfort for tourists. who carry out tourism activities. This is very important and needs to be considered to increase tourism activities in Indonesia, especially in the post-covid-19 pandemic era. The central government must synergize with local governments to establish a safe and comfortable tourism climate so as to minimize legal losses for tourists while conducting tourism activities in Indonesia. In carrying out legal protection for tourists, the Indonesian government has two events, namely litigation and non-litigation carried out by the Consumer Dispute Resolution Agency if tourists as consumers in Indonesia experience legal losses while traveling in Indonesia. This study uses a normative juridical method , using a literature approach that analyzes the definition of tourism and legal protection for tourists .

Keywords: tourism, legal protection

Share Link | Plain Format | Corresponding Author (DIVI KUSUMANINGRUM)


84 Law on Tourism ABS-60

LEGAL PROTECTION OF CARE-GROUP OF TOURISM IN THE DEVELOPMENT OF TOURISM VILLAGES IN INDONESIA
Restu Adi Putra, Gentur Cahyo Setiono, David Gunawan Wicaksono

FACULTY OF LAW, KADIRI UNIVERSITY


Abstract

The world of tourism today continues to experience significant growth. One of its forms can be seen from the increasing number and development of tourism in the area which is packaged in the form of a tourism village. Tourism villages are efforts to develop local community-based tourism development that has a sustainable development flow. One of the important aspects in the development of tourism villages is the existence of the Tourism Awareness Group (known as Pokdarwis). Pokdarwis is a community institution consisting of business actors in the tourism sector who have a sense of concern and responsibility as driving agents in maintaining and developing regional tourism. The existence of tourism villages and Pokdarwis in carrying out their activities needs to be strengthened with a legal protection to ensure legal certainty. To answer these problems, the type of research used is juridical normative by examining various laws and regulations and literature that are relevant to the theme discussed. So that this study came to the conclusion that there is a legal emptiness related to tourism villages as an effort to develop tourism in Indonesia, the legal emptiness results in not optimal duties, functions and roles of Pokdarwis in efforts to advance tourism villages.

Keywords: Legal Protection, Tourism Conscious Groups, Tourism Villages

Share Link | Plain Format | Corresponding Author (RESTU ADI PUTRA)


85 Law on Tourism ABS-61

LEGAL RECONSTRUCTION IN GOVERNMENT POLICIES IN THE POST- COVID-19 TOURISM SECTOR THAT SUPPORTSECONOMIC RECOVERY IN INDONESIA
Irham Rahman, Fitri Windradi, Yudi Tatang Sujana

Faculty of Law, Kadiri University


Abstract

Changes in the pattern of people^s lives are faster than changes in law, considering the function of law as community renewal that can provide benefits. Since the Covid-19 virus entered Indonesia 2 years ago, the pattern of people^s lives changed, and the government provided policies through rule of law in Indonesia to deal with the negative impacts caused by the virus, namely health impacts, social impacts, and economic impacts, especially the tourism industry. Many tourism industries are closed and empty of visitors, which causes the economy in the tourism sector to die. It becomes a legal problem when government policies that are taken do not support economic recovery and there is a legal conflict between laws and regulations and there is no preventive and repressive legal reconstruction that supports economic recovery. The purpose of this research is to understand the legal reconstruction of law and orders related to post-covid-19 tourism policies for economic recovery. This research method uses a normative research method with a law approach and a case approach. The conclusion of this research is that government policies through legislation must be in accordance with legal principles and the current needs of the tourism industry. The need for repressive and preventive legal reconstruction in the tourism sector to encourage efficient economic recovery.

Keywords: Legal Reconstruction, Government Policy, Tourism, Economy

Share Link | Plain Format | Corresponding Author (IRHAM RAHMAN)


86 Law on Tourism ABS-62

The Indonesian Obligation to Protect Sexual Exploitation of Children in Tourism with Child Right Perspective
Asmin Fransiska

The Faculty of Law, Atma Jaya Catholic University of Indonesia


Abstract

Sexual Exploitation of Children in Tourism (SECT) is increasing amid the Covid-19 pandemic. In several cities in Indonesia, such as Surabaya and Bali, SECT has become a social phenomenon that is hard to solve for several reasons. Firstly the issue of child rights as a human right is being neglected, even though Indonesia has ratified the International Convention on the Rights of the Child (CRC), which ensures the state^s obligation to protect the child from all forms of sexual exploitation and sexual abuse. Furthermore, multilateral measures to prevent the inducement or coercion of a child to engage in any unlawful sexual activity- the exploitative use of children in prostitution or other unlawful sexual practices- and the exploitative use of children in pornographic performances and materials. Secondly, the SECT occurs due to the economic and social barriers, especially in international tourism places. The number of international travelers has grown significantly in the past decade, and the projections are for continued growth. This situation benefits the local and national economy but also becomes an incentive to the child sexual exploitation industry. This paper aims to find the local and national causes of these cases and to what extent the solitude barriers in the legal and socio-economic issues should be considered to reform the law and the system of child protection in Indonesia, especially in tourist destinations places. This paper finds that poverty, economic disparity, lack of education, gender discrimination (especially for the girls), consumerism, and corrupt bureaucracy contribute to child sexual exploitation in Tourism. The child protection law is far from reaching the safe places of children involved in SECT since the issue is close to pornography which is concentrated on the ^offender^ rather than the subject who gains economic benefit from those activities. The research uses the normative analysis of child rights and socio-legal perspectives

Keywords: Child rights, Sexual Exploitation, Tourism, Children

Share Link | Plain Format | Corresponding Author (Iur Asmin Fransiska)


87 Law on Tourism ABS-64

MELUKAT RITUAL FOR COMMERCIALIZATION AND PROTECTION TOWARD CULTURAL TOURISM IN BALI
AAA. Ngurah Sri Rahayu Gorda, Kadek Januarsa Adi Sudharma, Ni Ketut Elly Sutrisni

National Education University


Abstract

Bali is one of the regions that are very well known in the world. The strength of spirituality, cultural traditions, and high tolerance between religious communities, make Bali become unique and famous in the world. Highly interested in tourists visiting Bali, give impacts to Balinese people to preserve and maintain the unique Balinese culture, which can enjoy for the tourists who visit Bali. Various cultures served to tourists will have an impact on shifting values. The spiritual values and sacred values that are shown to tourists, by being rewarded with a certain amount of money, have resulted in the commercialization of Balinese culture. The tourism industry, which offers cultural packages, is naturally considered a business opportunity to gain economic benefits. One of the things offered to tourists is the ^melukat^ ritual. Melukat is one of the efforts to clean and purify oneself in order to get closer to Ida Sang Hyang Widhi Wasa or God Almighty. The interest of domestic and foreign tourists who are large enough to carry out the melukat ritual, has an effect on the potential to make it a melukat ritual as one of the spiritual tourism packages that can be offered to domestic and foreign tourists when visiting Bali. The research method used is empirical research. The results of this study are tourism actors who mix religious activities in this case the melukat ritual, which is actually for self cleaning of the negative energy that exists in humans witnessed by Ida Sang Hyang Widhi Wasa, but is widely commercialized. Existing regulations have not specifically provided legal protection for the commercialization of cultural tourism in Bali.

Keywords: Melukat ritual, commercialization, cultural tourism

Share Link | Plain Format | Corresponding Author (A.A.A. Ngurah Sri Rahayu Gorda)


88 Law on Tourism ABS-70

THE ROLE OF CYBER NOTARY IN SUPPORTING THE TOURISM INVESTMENT CLIMATE IN BALI
RIDWAN SIDHARTA

Doctoral Program in Law, Postgraduate Program, Warmadewa University, Denpasar, Bali


Abstract

The island of Bali is very rich in natural beauty, culture and customs, it is an attraction for investors to invest in Bali. The investment in Bali that is most targeted by investors is property. The increasing number of transactions on property in Bali also requires a form of legal binding (agreement) based on the wishes of the buyer or investor with the seller or property owner. There are also officials who are given the authority to make a letter of evidence for legal events that occur are Notary Officials. The concept of a cyber notary in Indonesia is still under debate. Although technology allows the role of a Notary to be online and remote, legally it seems that this cannot be done. The type of research that the researcher uses is normative legal research. The technique of analyzing legal materials in normative legal research is that the legal materials that have been collected are analyzed through the steps of description, systematization and explanation. The regulation of cyber notaries in positive Indonesian law can be seen in Article 15 paragraph 3 of the UUJN which has explained a little about cyber notaries in terms of the authority to certify transactions conducted electronically. However, this authority is still very limited and simple, compared to the current rapid development of technology. The role of cyber notaries in supporting investment in the tourism sector in Bali through the implementation of making engagements and/or making authentic deeds carried out through technological assistance will certainly help and facilitate investors in conducting transactions, especially in the tourism sector.

Keywords: Cyber Notary, Investment, Bali Tourism

Share Link | Plain Format | Corresponding Author (RIDWAN SIDHARTA)


89 Law on Tourism ABS-71

THE EXISTENCE OF TOURISM VILLAGES IN BALI ON OVERVIEWOF VILLAGE GOVERNMENTAND TRADITIONAL VILLAGE
I WAYAN REGEG

Doctoral Program in Law, Postgraduate Program, Warmadewa University, Denpasar, Bali


Abstract

The development of sustainable tourism in Indonesia has encouraged the formation of tourist villages that take advantage of the potential of the village as well as its characteristics, for example in the fields of culture, tradition, natural beauty, and other uniqueness as a tourist attraction. The term tourism village appears along with the history of tourism development in Bali and can also be said to be the pioneer of current tourism, namely a traditional village-based tourism village within the scope of the Tri Hita Karana philosophy, covering its natural beauty (palemahan), the friendliness of the people (pawongan), and religious activities (parahyangan). Its existence in traditional villages is arranged, managed, and preserved by
customary law so that tourism villages can be sustainable until now. The development of tourist villages by the government in its implementation and regulation uses laws and regulations made by the government whose implementation reaches the lowest level, namely the village government or official village. At the village government level, efforts to provide support for
the development and promotion of tourist villages have not been maximized because there are several obstacles, such as lack of budget, road infrastructure, public facilities, and so on. The village government cannot stand alone and must coordinate with the city district government.
On the other hand, traditional villages partially feel burdened with the responsibility of preserving customs and culture. For this reason, it is necessary to have good cooperation and synergy between the village government and traditional villages through harmonization and
complementary of positive legal rule and local customary village law products. So that the village government and traditional villages can legally and formally contribute to the development of tourist villages, for example, through budget allocations, collaboration with various parties, sustainable promotion, and so on. Finally, it realizes the goal of the preservation of nature, customs, culture, and the welfare of the local community.

Keywords: Traditional Village, Tourism Village, Village Government

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90 Law on Tourism ABS-73

Implementation of Land Acquisition of Customary Property Rights for Sustainable Tourism Development in the Tri Hita Karana Philosophy
Ida Ayu Tannia Dhamayanti Manuaba, I Dewa Ayu Sinta Ary Ramaswari, I Wayan Kartika Jaya Utama

Faculty of Law, Warmadewa University Denpasar, Indonesia


Abstract

Socio-religious functions become a value in the concept of land acquisition with the community- Tri Concept Hita Karana answers the most challenging thing for the government to learn and solve, namely happiness, which is aimed at the people affected by liberation and the government. This study aims to find and elaborate on the regulation and implementation of land acquisition for the implementation of development in the public interest that meets the participatory principle and the principle of social justice with the concept of Tri Hita Karana using normative methods. The philosophy of the Tri Hita Karana Concept in Customary / Customary Property Rights Land for sustainable tourism development realizes the welfare of the community, namely: the principle of communalism of indigenous peoples in the implementation of development for the implementation of the national strategy based on the tri hita Karana philosophy.

Keywords: Land Acquisition, Tri Hita Karana, Sustainable Tourism

Share Link | Plain Format | Corresponding Author (I Wayan Kartika Jaya Utama)


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