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91 Law on Tourism ABS-83

LEGAL PROTECTION OF TOURIST INSURANCE ON WATERSPORT OF TANJUNG BENOA BALI
Desak Gde Dwi Arini, SH.,M.Hum, Dr I Nyoman Subamia, SH.,M.Fil.H

Warmadewa University


Abstract

Watersport Tanjung Benoa Bali is a travel sports enthusiast or lover of watersport activity. Watersport is a type of water sports game or nautical activity ranging from extreme games to watersport activities that are suitable for families. Legal protection of tourist insurance on watersports of Tanjung Benoa Bali, in this case, the legal umbrella is applied to be regulated in-laws and regulations. Legal protection of tourists includes rights and obligations so that when there is a risk to tourists, it is based on ^good faith^ to apply civil sanctions so that all business activities are bound by the agreement. Based on this background, the formulation of the problem is as follows: how is the legal protection of tourist insurance on the Tanjung Benoa Bali watersport, and whether the traditional village head plays a role in dealing with tourist risks to Tanjung Benoa Bali watersport. The research method uses normative legal research, with a question-invitation approach and a conceptual approach. From the results of the study, it can be seen that the legal protection of tourist insurance on watersports of Tanjung Benoa Bali, aimed at creating legal certainty is stated in the agreement which contains the rights and obligations of the parties. When one of the parties commits a violation then the sanctions are expressly stipulated in the agreement. Efforts to resolve risks for water tourism tourists are carried out preventive legal remedies, meaning that at the time when the agreement is handled and observed the rights and obligations of the parties while repressive legal remedies mean that the parties are obliged to carry out the agreement in good faith. Civil sanctions are applied for parties proven to have violated the agreed agreement, as well as the implementation of risks to the Tanjung Benoa Bali watersport, village adat plays a role in applying customary sanctions.

Keywords: Legal Protection, Insurance, Tourists, Water Tourism, Village Head

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


92 Law on Tourism ABS-85

THE CONCEPT OF SUSTAINABLE QUALITY TOURISM IN THE DEVELOPMENT OF TOURISM IN BALI
Luh Putu Suryani, Indah Permatasari, Putu Eka Pitriyantini

Faculty of Law Universitas Warmadewa Denpasar-Bali
Faculty of Law, Tabanan University, Bali


Abstract

Tourism industry is the highly developed industry in Bali, so it requires a development concept to manage the tourism industry in an appropriate manner. The concept of developing sustainable tourism is indeed very important to establish, but quality tourism is also an important aspect to be realized for both local and foreign tourists. This study examines two problems related to tourism, such as the meaning of the concept of quality tourism and the construction of the concept of sustainable quality tourism in tourism development in Bali. In the results of the study, it was revealed that quality tourism can be viewed from several supporting variables, both in terms of product dimensions, services, and other variables that have associations with quality and satisfaction. In the concept of developing quality tourism, the number of tourist visits is no longer a priority, but more emphasis is placed on tourist experiences. The development of quality tourism has an essential role and needs to be included in the laws and regulations, especially in those related to tourism. When viewed from the laws and regulations, especially Law Number 10 of 2009 concerning Tourism, it appears that there are no regulations specifically regulating quality tourism. The concept of sustainable tourism alone is no longer enough to be applied. The development of quality tourism now has an important role and needs to be included in laws and regulations, especially in laws and regulations relating to tourism. Therefore, it is important to include the concept of quality tourism development, especially in the tourism law, which can be contained in the principles of tourism administration, the principles of tourism administration and the principles of tourism development that are based on the concept of sustainable quality tourism.

Keywords: quality tourism, sustainable tourism, tourism

Share Link | Plain Format | Corresponding Author (Luh Putu Suryani)


93 Law on Tourism ABS-91

BALI^S SUSTAINABLE TOURISM PRACTICES: EFFORTS AND CHALLENGES
Muhammad Arif Hidayah, Muhammad Farhan

Master of Law, Pancasila University


Abstract

For decades, Bali has been the hot spot for international tourism attracting visitors from every corner of the globe. Although the Covid-19 pandemic has disrupted the surge of international travel, Bali continues to be the one of the most sought after destinations chosen by international visitors. Tourism activities all over the world have been greatly impacted by the pandemic and thus contributed to an unproductive state of economy towards countries that rely on tourism. This in turn has made governments rethink about tourism policies that could benefit stakeholders that are affected by the pandemic, which have been hotels, restaurants, society, and etc. One notable policy conducted by tourism authorities all over the world is to boost domestic tourism. For instance, the ^Work From Bali^ campaign initiated in 2021 has contributed to Bali^s economy and specifically to the local businesses that face hardship throughout the pandemic. With the decrease in Covid-19 cases, and hopefully the end of a pandemic status, the tourism industry in the upcoming years is designated to be the foundation of Indonesia^s economy. However, the tourism industry also comes with its liabilities such as overflow of tourists, cultural site conservation, nature conservation, safety and security of travelers, and many more. The answer to such liabilities is through the practice of Sustainable Tourism. Fortunately this concept has been asserted in the existing legal framework at the national and provincial levels while also taking into consideration international best practices. The focus of this paper is as follows: How is the application of sustainable tourism regulation in the province of Bali?- and Can sustainable tourism practices in Bali be an example for other provinces in Indonesia? Methods used in this paper will be descriptive qualitative with the addition of interviews with stakeholders of sustainable development.

Keywords: Bali, Sustainable Tourism, Regulation

Share Link | Plain Format | Corresponding Author (Muhammad Arif Hidayah)


94 Law on Tourism ABS-109

Strengthening National Implementation to Protect Cultural Heritage in times of Armed Conflict: Study on Tourism Destination in Jakarta Capital Special Region, Indonesia
Arlina Permanasari

Faculty of Law, Universitas Trisakti


Abstract

Based on Law Number 11 of 2010 concerning Cultural Heritage, the term cultural heritage refers to the objects, buildings, structures, sites and areas of cultural heritage. All elements of cultural heritage are found in the Jakarta Capital Special Region, which is also the capital city, government city, center of economy, trade and culture for the Indonesian people. The increasing age of objects, buildings and other elements of cultural heritage completes the city of Jakarta as a city center of culture and a tourism destination. On the one hand, the increasing number of cultural heritages in Jakarta Capital Special Region is also a vulnerable issue when there is an armed conflict. In order to maintain the preservation of cultural heritage in the worst times, normative protection efforts need to be carried out. This research is normative research with a comparative approach to the analysis of the content of national regulations and humanitarian law that applies when an armed conflict occurs. From the discussion of primary and secondary legal materials, it is concluded that there is an intersection between the two legal regimes that influence each other. For this reason, it is necessary to follow up and implement laws and regulations both in the legislative and executive fields, which can produce a positive impact on the protection of cultural heritage in Jakarta Capital Special Region area, especially in the event of armed conflict.

Keywords: Armed Conflict- Cultural Heritage- Humanitarian Law, National Implementation

Share Link | Plain Format | Corresponding Author (Arlina Permanasari)


95 Law on Tourism ABS-111

VIOLATION OF LAW AGAINST EXPLOITATION OF NEW TOURIST ATTRACTION
I MADE MINGGU WIDYANTARA, ANNIE LONG ASHTON

WARMADEWA UNIVERSITY


Abstract

Violation of the law against the exploitation of new tourist attractions in the Bali area Must have firm sanctions Because the exploitation of the place has an impact on the preservation of the environment Indonesia is one of the world^s tourist destinations due to the tropical climate of biodiversity, culture and supporting regional factors, but it cannot be avoided that as a tourist destination it also causes impacts on the other side, especially on the environmental side. One of the tourist destinations in Indonesia is the island of Bali ,Bali is one of the most popular tourist destinations in the world. The image of Bali as a tourist destination also began to emerge around the 1930s, it can also be seen in the 1958 American film South Pacific. In the film, everything about life on the islands of the southern ocean is combined into a fictitious island called Bali Hai. Due to the popularity of Bali, and the large number of tourists who visit, it results in overcrowding in several tourist attractions, so that it encourages the exploitation of new places, this of course causes several impacts, both positive and negative impacts. This study aims to analyze how the legal impact on the exploitation of new tourism sites, both in terms of environmental law, whether it is in accordance with Law no. 32 of 2009, agrarian law contained in UUPA No. 50 of 1960, Regional Regulation no. 3/1974 and later replaced by Perda 3/1991 on Cultural Tourism, as well as customary law for local communities. This research uses a normative research type with a statutory approach and a conceptual approach.

Keywords: exploitation, new tourist attraction, law

Share Link | Plain Format | Corresponding Author (I MADE MINGGU WIDYANTARA)


96 Law on Transportation ABS-14

The Effectiveness Of Motor Vehicle Tax Contribution On Regional Original Income
Yeheschiel B. Marewa, Lisma Lumentut, Marchelino Gandi

Dept.of Law, Universitas Kristen Indonesia Paulus, Makassar, Indonesia


Abstract

Motor vehicle tax is a tax that must be paid by every motorized vehicle owner who operates his vehicle on public roads. This study aims to determine how big the contribution of motor vehicle tax collection to the local revenue of South Sulawesi province from 2017-2020 and to find out the obstacles in collecting motorized vehicle tax on local revenue of Makassar city, South Sulawesi province. The method used in this study is a technique of collecting data by means of empirical juridical, where the writing analyzes the problems carried out by combining legal materials (secondary) and primary data obtained in the field. The results of this study indicate that the income of motor vehicle taxes on PAD Region II Makassar city does not necessarily decrease because the tax target and realization of motor vehicle taxes tend to increase. The obstacles experienced by tax officials in carrying out their duties, one of which is the lack of public awareness in paying on time.

Keywords: Effectiveness, Contribution, Motor Vehicle Tax

Share Link | Plain Format | Corresponding Author (Yeheschiel B Marewa)


97 Law on Transportation ABS-122

UNRAVELING THE LEGAL POSITION OF FIDUCIARY GUARANTEES AGAINST AIRCRAFT IN INDONESIA
AMIRA JASMINE, ALI ABDULLAH

UNIVERSITAS PANCASILA


Abstract

In the corporate sector in Indonesia, of course, there are many internal interests that require large amounts of funding, the source of this funding can come from the investments of parties both domestically and foreignly, the capital market and other non-bank financing and bank credit financing. In this case, the corporate sector that requires financing through banks is a corporation engaged in air transportation which is managed by an aviation company, where Indonesia has several related companies engaged in aviation.
Specifically for implementing conventional banking credit, it is regulated in Law Number 10 of 1998 concerning Amendments to Law Number 7 of 1992 concerning Banking, where there is one of the conditions for being able to be given credit must have a guarantee.
In practice until now, aircraft mortgages cannot be implemented by a notary as a party who makes deeds regarding credit agreements, notarial banking deeds, because until now there are no implementing regulations under the Law. Considering that Indonesia as a country of law uses a statutory system as initiated by Hans Kelsen through the stufenbau theory, specifically for the installation of ship mortgage guarantees, there is a problem, namely legal vacuum. To ensure legal certainty to carry out the process of bank credit financing facilities which in practice are carried out between notaries and banks. The purpose of bank credit financing itself is to develop development based on economic principles, namely with the smallest sacrifice, a large profit can be obtained, in general, the purpose of credit economically is to obtain profits. Credit is always purposeful, therefore it is impossible for the creditor to give credit to the debtor with just no purpose or to be used in any case by the debtor.
Banks in providing credit always ensure what the use of credit is for because if there is a deviation from the agreed credit objectives, it will threaten the interests of the bank itself.
In order to process the credit financing facility, legal certainty is needed for the parties so that the goals they want to carry out can be achieved, and here the notary participates in the implementation of the credit financing facility from the bank, the notary in this case provides a solution for the existence of a legal certainty so that there is no legal vacuum, so that the financing can be carried out by the Bank, debtors and notaries as legal subjects involved in the national credit process. Here the notary then records the fiduciary guarantee using IDERA (Irrevocable Deregistration Export Authorization) to ensure the legal certainty of the debtor who pledges the component parts of his aircraft. In relation to IDERA, in order for debtors to obtain protection of interests up to the international level, the aircraft must be registered first, theoretically in the registration of rights, known as two systems, namely through the registration of deeds and registration of rights which in modern society is a state task carried out by the government in order to provide guarantees of legal certainty.
Idera here provides convenience for the execution of aircraft by deleting the Indonesian registration so that the bank can in practice announce an auction of the guarantee to the international aviation world, so remove the nationality mark and the aircraft can be executed if the debtor defaults on the promise.

Keywords: UNRAVELING, LEGAL POSITION, GUARANTEES

Share Link | Plain Format | Corresponding Author (AMIRA JASMINE)


98 Local Wisdom (Customary Law) ABS-7

Nusantara Feminism: The Nature of the Confluence of Religious Values, Cultural Customs and the Indonesian Womens Movement. (The Struggle Bullet of Rahmah El Yunusiyyah)
Annisa Rahma

Pancasila University


Abstract

Pancasila as the state philosophy system is the result of the perfect ^potion^ between the harmonization of deep contemplation of the soul of the ancestors of the nation with the biological wealth of Indonesian society, which contains a complete unity- interrelated, interconnected, mutually qualifying each other. Pancasila is the foundation and direction for the attitude and way of life of the Indonesian nation, in line with the goals of the Indonesian state, including in terms of viewing women as a vital element of national progress. Feminism has the same tangent as Pancasila when looking at diversity of viewpoints. But this time, we will not talk about feminism that comes from the West or the far East there, but feminism that unconsciously has been present among the joints of the Indonesian Women^s Struggle, Nusantara Feminism.

Nusantara feminism, not Liberal feminism that consciously pays too much attention to the values of individualism and human independence, not radical feminism that emphasizes the roots of oppression solely on patriarchy and men, or Marxist feminism, socialist, and various other schools of feminism. Feminism Nusantara is a perfect match between anxiety over the oppression of Indonesian women who fought to improve the position of women, without forgetting the roots of a grounded culture. Ideas, theories, and main points of mind, as well as the idea of feminism archipelago is the strength of the Indonesian women heroes in the fight for their ^entity^- one of them is Rahmah El Yunusiyah.

Rahmah El Yunusiyah is a heroine from Minangkabau, a populous land in which there is perfect harmonization between local wisdom and religious values -adat basandi syarak, syarak basandi kitabullah&#8722- which because of these values the Minangkabau inherited a lot of Indigenous and cultural wealth. Rahmah El Yunusiyah, the first woman to establish an Islamic school for women, the first woman to fly the red and white flag on the Sumatran Peninsula, and the first woman in world history to earn the title of ^Sheikhah^ from Al Azhar University in Cairo. The combination of beauty, elegance and charisma of a Rahmah El Yunusiyah is proof that Indonesian feminism creates a harmonious relationship between religious values, customs, and forms a crystallization of a new living system, eliminating cracked things, eliminating the opposition between the call of society or the call of nature, producing a new element of community work and motherly love in one happy synthesis without forgetting cultural roots.

Keywords: Pancasila, Nusantara Feminism, Rahmah El Yunusiyah.

Share Link | Plain Format | Corresponding Author (Annisa Rahma)


99 Local Wisdom (Customary Law) ABS-22

Enhancing Protection for Balinese Traditional Cultural Expression: A Government and Academician Cooperation Approaches
Desak Putu Dewi Kasih, Ni Ketut Supasti Dharmawan, Anak Agung Istri Ari Atu Dewi, I Gusti Ngurah Parikesit Widiatedja, Anak Agung Dwira Hadi Santosa, Putu Aras Samsithawrati

Faculty of Law, Universitas Udayana, Denpasar, Bali


Abstract

This study aims to elaborate on the important role of cooperation between the government and the academician in order to strengthen the protection of Balinese Traditional Cultural Expressions based on inventory and registration at the National Data Center for Communal Intellectual Property. This study uses empirical legal research with a socio-legal-research approach. The results of the study show that Traditional Cultural Expressions are one of Communal Intellectual Property. From an international perspective, WIPO/GRTKF/IC/40/19 emphasizes that the use of Traditional Cultural Expressions that contributes to creating creative and innovative products, and their protection can provide benefits for both users and custodians, as well as a balance of rights and obligations. Meanwhile from the national context, in Indonesia, Traditional Cultural Expressions are protected under Article 38 of Law No. 28 of 2014 on Copyrights where the state is considered the copyright holder. Traditional Cultural Expressions works have the potential to be developed as creative products in tourism activities. Therefore, inventory activity as an obligation of the government must be implemented by the government followed by a recording process to strengthen the protection of such Traditional Cultural Expressions. Inventory activity is significant to be implemented, primarily to protect Communal Intellectual Property ownership and prevent its use by parties outside the custodian who use it for commercial purposes without asking for permission. Strengthening the protection, and improving the inventory activity as well as its recording mechanisms are relevant to be implemented through intensive collaboration between the government and the academician

Keywords: Protection of Traditional Cultural Expressions, Government Obligations, Commercial used, Cooperation Between Government and Academician

Share Link | Plain Format | Corresponding Author (Desak Putu Dewi Kasih)


100 Local Wisdom (Customary Law) ABS-27

CONSTRUCTING LOCAL WISDOM-BASED CHARACTERS OF SOCIAL JUSTICE AS FUNDAMENTAL PART IN SHAPING LAW SCHOOL GRADUATES
HESTI SEPTIANITA-ANTHON F.SUSANTO-ROSA TEDJABUWANA-M.ALVI PRATAMA

UNIVERSITAS PASUNDAN


Abstract

One of the key points to produce strong and good lawyer is to train the students with lawyering skills, however, at the same time, the awareness of social injustice comes to the attention. This issue is to prepare law students to not only become successful lawyers litigating in profitable law firms, representing rich clients but also representing underprivilleged people and at the same time empowering the communities. It is important to build the characters of social justice inherently among the students to sentisize them about the injustice sufferred by the communities through exposure of engagement with the people, to have an experiential learning. Before exposing the students with those situational experience however, the lawschool curriculum needs to identify characters to be built in. This writings aims to learn about characters to be built in to sentisize the students about the social injustice. The methods used in this research was conceptual research supported with empirical data. The findings show that some characters highlights the outcome of the social justice education through the exposure of handling and empowering the communities such as emphaty, pro-social behavior, and altruism. Local wisdom also plays a vital role in the construction of the character.

Keywords: character, social justice, local wisdom

Share Link | Plain Format | Corresponding Author (Hesti Septianita)


101 Local Wisdom (Customary Law) ABS-28

Building Social Justice Character through X-Reality Technology: A Systematic Literature Review
Mohammad Alvi Pratama, Anthon Freddy Susanto, Hesti Septianita, Rosa Tedjabuwana

Facuty of Law, Universitas Pasundan


Abstract

The use of XR Technology (Augmented & Virtual Reality) has begun to develop in various sectors, but the education sector has not been fully implemented. Moreover, in the field of social-humanities the application is still minimal. Meanwhile, the Immersive feature offered by XR Technology is very useful in the field of education-pedagogy because it can improve the psychological behavior of users.
This study investigates the unanswered psychological potential of user behavior, especially in building the character of social justice through XR Technology. So, the Systematic Literature Review method was carried out to provide a comprehensive synthesis of research results from the published literature related to the use of XR Technology^s influence in building social-justice characters. Several finding variables that will be systematically searched for are 1) empathy, 2) social awareness, 3) social justice, 4) psycho-action, 5) the influence of local wisdom values in the use of XR Technology. The results of the identification mapping, a meta-analysis was carried out to find the efficacy (effectiveness) of XR Technology in building the character of social justice.
The latest developments of these literatures will be taken only from Google Scholar Database.
These findings will indicate great potential in building social justice character through x-reality technology and the challenges in technical, organizational, and economic considerations in the use of this technology. The accumulated insights from knowledge and actions in this research will be useful for academics and practitioners who are interested in the use of this technology in general for law students and specifically in the development of the character of social justice.

Keywords: Social Justice Character, XR Technology, Systematic Literature Review

Share Link | Plain Format | Corresponding Author (MOHAMMAD ALVI PRATAMA)


102 Local Wisdom (Customary Law) ABS-38

PANDEMIC MITIGATION BASED ON LOCAL WISDOM : THE DE JAVU OF THE RITUAL OF REJECTING THE DOOM ^DONGKREK^
Dhea Savitri Erwayani, Armansyah

Notary Study Program, Faculty of Law, Pancasila University


Abstract

Pandemic Covid-19 has had a wide impact over the past two years, which not only resulted in the death and disruption of the economic sector but distorted the joints of social life. Various efforts have been made to prevent them, ranging from the application of regulations regarding social restrictions and strict health protocols, to mitigation with the Lockdown quarantine option to contain the spread of COVID-19. But there is an interesting thing found in the people of Mejayan Village who have a unique tradition of preventing Pandemic, which is a tradition in the form of the ritual of rejecting the doom,^Dongkrek^. Historically, it started in 1987 when sudden deaths were rampant in Mejayan Village. Various methods were carried out to relieve the plague, which was finally born to a sacred ritual ^Dongkrek^ to expelled the plague from Mejayan Village. This ritual becomes a habit that is carried out every year around the village, with the aim that there is no more outbreak. With the changing times, the ritual was developed by the community into a regional art that has become the character and pride of the Mejayan Village until now. Not only that, but ^Dongkrek^ is also one of the economic resources for local people so that local wisdom is always sustainable, as well as being a tourist attraction to boost the economy of Mejayan Village. In the perspective of Intellectual Property, the expression of traditional culture is a protected creation as regulated in Article 38 paragraph (1) of Law Number 28 of 2014 concerning Copyright that the copyright of the expression of traditional culture is held by the state. the expression of traditional culture is a collection of traditional creations both made by individuals and groups in a society that show social and cultural identities based on standards and values that are passed on for generations.
Along with the rapid development of the world, challenges and risks related to the protection and preservation of intellectual property, especially the expression of traditional culture will be higher amidst the current globalization, if people do not have an awareness of the importance of intellectual property in Indonesia related to its influence on the economy of the local communities, through alternative mitigation pandemic with the ritual of rejecting catastrophe, ^Dongkrek^.

Keywords: Dongkrek, The Expression Of Traditional Culture, Economy

Share Link | Plain Format | Corresponding Author (DHEA SAVITRI ERWAYANI)


103 Local Wisdom (Customary Law) ABS-39

The Destination Attributes of Travelers Satisfaction and Experience at Uluwatu Tourism Area Based on Online Reviews
Narariya Dita Handani, Jue Wang, Hak-Seon Kim

School of Global Studies, Kyungsung University, Busan, South Korea
Department of Management, Faculty of Economics and Business, Universitas Wijaya Kusuma Surabaya, Indonesia
School of Hospitality &amp- Tourism Management, Kyungsung University, Busan, South Korea


Abstract

Indonesia has positioned tourism as a priority sector in its economic development. Bali, as the one of the most popular tourist destinations in Indonesia and even in the world, ranked eighth amongst hundreds of thousands of islands as a travel destination. Moreover, tourism in Bali is very special due to the combination of culture, nature, and society as a cultural landscape. Uluwatu area is one of the best tourism area in Bali as much accommodation, food and beverages and attraction got award from Tripadvisor. The study examined 5340 reviews from Google reviews on one tourism attraction, four accommodations, one spa facility, six food and beverages. Then, UCINET 6.0 is used to analyze the network centrality and perform CONCOR analysis. The CONCOR analysis categorizes the review data into five six clusters. As quantitative analysis was performed, exploratory factor analysis was grouped into six variables: attractions, accommodation, sea, food and beverages, beach and cost. As a result, attractions, accommodation, sea, food and beverages, and beach positively impact to travelers satisfaction. Meanwhile cost variable negatively impacted travelers satisfaction. Furthermore, the results of this study may contribute to the improvement of the quality of the services provided by tourism business people in Bali, even though they charge expensive rates, they should improve the quality of the services so that travelers do not feel overcharged. Further, it might relieve the tourism industry as travelers are generally satisfied when they visit Uluwatu area, therefore it can be concluded that Uluwatu is a preferred destination for travelers.

Keywords: Tourism destination, travelers satisfaction, Bali, Uluwatu, online review.

Share Link | Plain Format | Corresponding Author (Narariya Dita Handani)


104 Local Wisdom (Customary Law) ABS-45

INDIGENOUS VILLAGE COMMUNITY EMPOWERMENT IN THE DEVELOPMENT OF SUSTAINABLE ECORRIVAL TOURISM POLICY MODEL BASED ON LOCAL WISDOM
I Putu Ngurah Aryana

Warmadewa University


Abstract

The purpose of this study is to analyze (1) ecotourism policy as an eco-based tourism industry- and (2) indigenous village community empowerment in the development of sustainable ecorrival tourism policy model based on local wisdom. The method used is a type of normative legal research. The results of the study show (1) that there are ecotourism policies as an ecology-based tourism industry based on customary law communities which are fully implemented by the indigenous village without the involvement of the regional government (autonomous) and there are those that involve stakeholders, namely local governments, investors/private parties, indigenous villages, and temple management (co-management), for cooperation between local government and indigenous villages, there is a synergy between state law and customary law- and (2) indigenous village community empowerment in the development of sustainable ecorrival tourism policy model based on local wisdom upholding the principles of Hindu religious teachings, namely Tri Hita Karana in every management to realize tourism sustainability, environmental sustainability, socio-culture, and the religious system of the indigenous village community.

Keywords: Community Empowerment, Development, Policy, Local Wisdom

Share Link | Plain Format | Corresponding Author (I PUTU NGURAH ARYANA)


105 Local Wisdom (Customary Law) ABS-46

DYNAMICS OF LEGAL PROTECTION OF INDIGENOUS LAW COMMUNITIES IN ECO-TOURISM MANAGEMENT BASED ON LOCAL WISDOM IN BALI PROVINCE
Muhammad Noor Ingratubun

Warmadewa University


Abstract

The purpose of this study is to analyze (1) the existence of indigenous peoples in the management of ecotourism areas based on local wisdom- and (2) the dynamics of the legal protection of indigenous and tribal peoples in the management of ecotourism based on local wisdom in the province of Bali. The research method used is a type of normative legal research. The results of the study indicate (1) The existence of customary law communities in the management of ecotourism areas based on local wisdom is recognized by their participation in controlling and accessing ecotourism management, especially in the territorial area (wewidangan) of traditional villages, the community has the right to: Manage ecotourism areas within their customary law areas- Practicing knowledge, technology and local wisdom in managing ecotourism- and (2) The dynamics of the legal protection of indigenous and tribal peoples in the management of ecotourism based on local wisdom in the province of Bali have not been bridged by the substance of the regulation which explicitly regulates the rights and obligations of customary villages in ecotourism management in the territorial area (wewidangan) of the local traditional village. The effect is that sociological injustice is felt by the traditional village. Profit sharing that is not proportional requires a triple helix mutual synergy and legal drafters to re-evaluate ecotourism area management policies with the consideration that traditional villages have the right as well as the obligation to empower ecotourism potential in Bali Province.

Keywords: Legal Protection, Customary Law, Ecotourism, Local Wisdom.

Share Link | Plain Format | Corresponding Author (Muhammad Noor Ingratubun)


106 Local Wisdom (Customary Law) ABS-49

THE ROLE OF PAKRAMAN TRADITIONAL VILLAGE IN SUPPORTING LOCAL WISDOM-BASED ECO-TOURISM IN BALI
Ni Nyoman Ismayani

Warmadewa University


Abstract

The purpose of this study was to analyze (1) the roots/basics of Bali^s ecotourism potential- and (2) the role of pakraman traditional village in supporting local wisdom-based eco-tourism in Bali. The method used is a type of normative legal research. The results showed (1) The roots/basics of the ecotourism potential of Balinese traditional villages (Pakraman) are the center of Balinese cultural development, because Hindu religious life, social order, and cultural arts or socio-cultural life with Hinduism in Bali all rely on traditional villages (Pakraman ). This is the basic capital of Bali^s development which is priceless. Traditional village (Pakraman) is a place for Balinese culture to play an important role in the development of Balinese tourism which emphasizes cultural tourism- and (2) the role of pakraman traditional village in supporting local wisdom-based eco-tourism in Bali plays a very important role as a fortress and as a filter in accepting the flow of tourism development. For this reason, it is deemed necessary to strengthen traditional villages (Pakraman) in determining the right choice, namely simple tourism, because with this type of tourism, traditional villages (Pakraman) can maintain local knowledge of their citizens, especially the younger generation/Sekaa Teruna because the younger generation is expected to be more creative and innovative, create new ideas in tourism products in accordance with the times.

Keywords: Role, Traditional Village (Pakraman), Ecotourism, Local Culture, Bali.

Share Link | Plain Format | Corresponding Author (Ni Nyoman Ismayani)


107 Local Wisdom (Customary Law) ABS-59

THE ROLE OF INFORMAL LEADERS IN EFFORTS OF ECONOMIC EMPOWERMENT OF THE LOCAL CRAFTS COMMUNITY
Rizki Yudha Bramantyo, Bambang Pujiono, Arrum Normasari

Faculty Of Law Kadiri University


Abstract

The dependence of the community on informal leaders who act as traditional leaders, community leaders, certain cultural instruments is very high. This is because the community members believe that traditional leaders have certain abilities and advantages. The community believes that the presence of traditional leaders can bring peace and harmony. It can represent society to relate to ancestors. Traditional leaders are mediators between the community and their ancestors in relation to spiritual rituals. Thus, informal leaders/customary leaders have an important position and role. He is not only a traditional leader who acts as a community leader in customary law and protects ancestral traditions, but also as a figure who acts as a government mediator in the social and customary fields. In this social function, Informal Leaders have the role and ability to represent and represent the community in all fields including the economy and the pursuit of prosperity. This research is a doctrinal research with a literature approach that analyzes informal leadership theories with their potential to empower the local community they lead. The results show that informal leaders have a role to voice, sell, participate in and delegate various systems of cooperation that have the potential to empower the local artisans^ economy.

Keywords: Informal leaders, empowerment, local crafts

Share Link | Plain Format | Corresponding Author (Rizki Yudha Bramantyo)


108 Local Wisdom (Customary Law) ABS-97

LAW IN THE COSMOLOGY OF LOCAL COMMUNITIES (OSING COMMUNITY)
Mella Ismelina Farma Rahayu, Anthon F. Susanto, Liya Sukma Muliya

Tarumanagara University
Pasundan University
Bandung Islamic University


Abstract

Cosmology is a philosophy about the universe, cosmology is a construction of thinking about the local people^s minds about the universe associated with themselves..The purpose of this study is to understand the law in the cosmology of the Osing community and the harmony that is always sought to be achieved when the Osing community faces change.
This research uses quantitative research methods, which is an objective research approach, includes the collection and analysis of quantitative data and uses statistical testing methods. Local law in the otological cosmology of the Osing community is always formulated in a harmonious condition/situation. Because reality resides in the ideas of individuals or individuals, in order to avoid clashes, objectivity and internalization of things (values, symbols, and norms) need to be carried out carefully and through means that are acceptable and open to individual interpretation. Objectivity and internalization are carried out through symbols packaged in rituals, myths, and chronicles. Therefore, epistemologically to understand such reality is done through understanding, vertelen. Methodologically

Keywords: Law, Cosmology, Local Society

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109 Local Wisdom (Customary Law) ABS-101

The Urgency of Integrating Local Wisdom Values In Regulations in the Environmental Sector
Mella Ismelina Farma Rahayu, Anak Agung Sagung Laksmi Dewi, Rugun Romaida Hutabarat, Ande Aditya Iman Ferrary

Tarumanagara University
Warmadewa University
Tarumanagara University
Ibn Khaldun Bogor University


Abstract

This study will examine the values of local wisdom in the protection and preservation of environmental functions and their norms in laws and regulations. Local wisdom as we understand it contains good and institutionalized values in society and is used as a benchmark in attitude and behavior . However, it seems that many policies and regulations related to environmental protection and management have not made the values of local wisdom the basis for formulating legal regulations. Therefore, the problem raised in this study is the extent to which it is possible to integrate local wisdom values into environmental protection and management norms. To dissect this problem, the research approach method used is normative juridical with the use of secondary data. Secondary data was obtained through library research data collection techniques and data analysis using qualitative juridical analysis. From the results of the study, it was concluded that local wisdom containing local values, wisdom, wisdom, ethics and morals in the protection and preservation of environmental functions needs to be the basis for the formulation of laws and regulations relating to natural resources and the environment. This is because local wisdom is a manifestation of the community^s legal feelings. The integration of local wisdom values into national law will of course produce national laws with Indonesian characteristics where the values that underlie the validity of the law are in accordance with the characteristics of the Indonesian legal culture.

Keywords: local wisdom, values, environment, environmental protection and management.

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110 Local Wisdom (Customary Law) ABS-102

CO-EXISTENCE OF BALI CUSTOMARY LAW AND STATE LAW IN CASE OF DIVORCE
I Ketut Sukadana, I Wayan Werasmana Sancaya

Warmadewa University


Abstract

The purpose of this research is to find the concept of a combination of the application of customary law and state law in the event of divorce in order to obtain a clear legal status in society. Meanwhile, based on observations, many people think that the divorce has been completed at the customary village level without going through a court process. The problems studied are (1) the nature of divorce according to Balinese customary law and (2) divorce arrangements in awig-awig (Balinese customary law). This research is an empirical legal research, because there is a gap between norms and their application in society. The approach used in this research is the approach to legislation and legal anthropology. There are two types of data used in this study, namely primary data and secondary data. The primary data was collected by interview, while the secondary data was collected by document study using the recording technique. After the data has been collected, it will be analyzed using qualitative techniques and presented in an analytical descriptive manner. Based on the results of the study, that the essence of nyapihan (divorce) according to Balinese customary law is the ending of a person^s marriage bond, either by sincere means or because of a lawsuit so that they no longer have the status of husband and wife. The divorce process as specified in the awig-awig must comply with the provisions of the law (state law), namely through a court process, after a court decision, an announcement process is carried out in the village, as well as rituals according to customary law so that between husband and wife who are divorced have a clear legal status in public life.

Keywords: ivorce, awig-awig, state law, legal status

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111 Local Wisdom (Customary Law) ABS-106

Application of Balinese Customary Law Sanctions in Criminal Acts of Blasphemy Against Sacred Places
Kade Richa Mulyawati, IGAA Gita Pritayanti Dinar, Anak Agung Sagung Laksmi Dewi

Faculty of Law, Warmadewa University


Abstract

The increasing development of Bali^s tourism has finally made it possible for temples to also serve as a tourist attraction area. However, this in turn allows cases of blasphemy against sacred places to occur. If it is viewed from the perspective of criminal law, in fact the crime of harassment or blasphemy against a sacred place needs to receive an exclusive attention in terms of imposing criminal sanctions. Unfortunately, a legal vacuum in the regulations regarding the perpetrators of the crime of blasphemy against sacred places, in fact, still exists. Using normative the legal research method, this study examines legal norms through the principles of legislation and with a statute approach, a conceptual approach, and an analytical approach. Over time, the Bali Provincial Government issued Governor Regulation No. 25 of 2020 regarding Protection Facilities for Temple, Pratima, and Religious Symbol. This regulation can anticipate the imposition of legal sanctions against perpetrators of blasphemy against sacred places, such as customary sanctions in the form of arta danda (fine), pengaksara danda (apologies by the perpetrator), and sangaskara danda (holding of certain ceremonies). Although customary sanctions are considered able to coordinate cases of blasphemy against sacred places, a form of criminal punishment is still needed to create a deterrent effect in accordance with the theory adopted in criminal law, the so-called theory of punishment.

Keywords: Balinese Customary Law, Sanctions, Blasphemy

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112 Local Wisdom (Customary Law) ABS-110

The Constitutionality of Customary Courts Dispute Resolution in Indigenous Communities From Tana Toraja Regency
Muhammad Zulkifli Muhdar, La Ode Husen, Zainuddin

Faculty Of Law, Universitas Muslim Indonesia (UMI) Makassar, Indonesia


Abstract

This paper aims to determine and analyze the constitutionality of customary courts in resolving disputes in indigenous peoples. To find out and analyze the mechanism of dispute resolution in indigenous peoples through customary courts in Tanatoraja Regency. This research uses a research method combining normative legal research (doctrinal) and empirical law (non doctrinal). To examine the first problem, normative legal research was used, while the second problem used empirical legal research. The results of this study show that the constitutionality of customary courts in dispute resolution in indigenous peoples in Indonesia must consider the context of legal politics. The legal politics referred to here is that customary courts are faced with a number of challenges. Paradigmatically, policies on natural resource conflicts in Indonesia are still dominantly oriented towards the economy, or making it a commodity, not in order to better maintain the sustainability of human and ecological living space. These conflicts are caused by the political design of laws that indicate the interests of capital accumulation in the natural resource sector. On the other hand, ego-sectoralism related to natural resource management is still dominant. As well as overlapping issues in the management of natural resources and the protection of indigenous peoples^ rights. Dispute Resolution Mechanisms in Indigenous Communities through Customary Courts in Tana Toraja Regency are carried out by Reconciling Judges both at the Neighborhood, Lembang and District levels. The conciliatory judge carries out Customary Justice with a deliberation system by the parties to the dispute to produce a decision. The recommendation in this research is that the Government should be able to make Legislation on Customary Courts in resolving disputes of Indigenous Peoples. It is necessary for the Government of Tana Toraja Regency to make a Regional Regulation on the Position of Reconciler Judges in the Tana Toraja Customary Justice System.

Keywords: Constitutionality, Customary Courts, Indigenous Peoples, Lembang.

Share Link | Plain Format | Corresponding Author (Muh. Zulkifli Muhdar)


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