:: Abstract List ::

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121 |
Law on Licenses and Labor |
ABS-117 |
The Need of New Curriculum Policy for Tertiary Education Nanda Octavia
Faculty of Law, YARSI University
Abstract
Indonesian education system regulates only two credits system for English class in tertiary education level. Yarsi University manages the two credits to equip students with basic-English, academic skills, and job hunting skills into extra-curricular classes. The biggest concern is to train students to be skilful in self-regulation and be outstanding in self-efficacy to prepare their portfolio through work of their interest, strength and needs. Students should know how to identify and solve problems as the demand of digital era. The notion of preparing students to be global citizens versus university low English competence students input makes a huge gap which needs to be filled with a wiser government English credits policies. Then this research is to bring out Yarsi University Law Faculty graduates^ voices on how they perceive two-credit English policy which they encountered while they studied in Yarsi and how the programs have helped them cope the global work-place English command. A qualitative research method, semi- structured interview, is employed to find out the answer of the questions. The research result is expected to bring out the argument for the need to policies changes in credit semester allocation.
Keywords: English class, credit semester, self-efficacy, self-regulation, tertiary education
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| Corresponding Author (Nanda Octavia)
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122 |
Law on Licenses and Labor |
ABS-122 |
Application of Gijzeling (Hostage) in Efforts to Increase Taxpayer Compliance Based on Legislation Kade Richa Mulyawati
Fakultas Hukum Universitas Warmadewa
Abstract
Tax is the main source of income for the state, especially in Indonesia, therefore the government expects the public to comply with their obligations as taxpayers so that national development runs evenly and without obstacles. But in reality there are still many people who are negligent of their obligations, so strict sanctions are needed for these violations. In taxation, there is known as Gijzeling where this sanction is imposed on taxpayers who are proven not to fulfill their obligations. This study raises two issues : how to regulate Gijzeling sanctions in positive law and how to apply Gijzeling witnesses in an effort to increase taxpayer awareness. This research uses normative law method. The results of this study are that gijzeling sanctions are regulated in Law Number 19 of 2000 concerning Amendments to Law Number 1997 concerning Collection of Taxes by Forced Letter and also on the basis of Regulation of the Minister of Finance Number 24/Pmk.03/2008 concerning Procedures for Implementation of Billing with a Forced Warrant and Immediate and Simultaneous Billing Implementation. The application of gijzeling increases the compliance of taxpayers because they immediately pay their tax debts, besides that it is expected to provide a deterrent effect for negligent taxpayers and other tax bearers so they don^t take part in this act.
Keywords: Gijzeling, Tax, Tax payer
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| Corresponding Author (Kade Richa Mulyawati)
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123 |
Law on Tourism |
ABS-12 |
Job Creation Omnibus Law and Tourism Industry in Indonesia Andy Omara (corresponding author) and Novira Maharani
Universitas Gadjah Mada School of Law, Yogyakarta, Indonesia
Abstract
Job Creation Law provides ^new^ model for Indonesia legislation. unlike the conventional law, Job Creation Law consists of multiple topics which are not necessary related each other. The Law contains rules on permits, manpower, forestry, environment and so on and so forth. All together the Law amended roughly 70 laws. This new model of law is intended to harmonies and simplifies all the 70-ish laws. The question is, does this Omnibus Law impact tourism industry in Indonesia, while the Law does not expressly state tourism in its title? If so, how serious is the impact of the Omnibus Law toward tourism development in Indonesia? The paper argues that while the Job Creation Omnibus Law does not explicitly mention Tourism, it significantly impacts tourism sector. The paper will elaborate the goods and the challenges contains in Job Creation Law toward tourism industry Indonesia. The paper will employ doctrinal approach by studying relevant legislations, journals and media coverages to obtain comprehensive information. The paper is expected to broaden the discussion concerning Job Creation law by including tourism sector as the focus of discussion. As tourism is a sector that is not expressly stated in the Law yet significantly impacted by the issuance of Job Creation Law.
Keywords: Job Creation Omnibus Law- Tourism industry- Indonesia
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| Corresponding Author (Andy Omara)
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124 |
Law on Tourism |
ABS-17 |
THE EFFECTIVENESS OF RETRIBUTION RATES FOR RECREATION AND SPORTS VENUES IN BANGLI DISTRICT INCREASING THE NUMBER OF TOURISTS IM. Arjaya, IGB Suryawan, Made Indira Sukma Dewi
Master Of Law, Warmadewa University, Denpasar, Bali-Indonesia
Abstract
Abstract
This research aims to assess how effective the implementation of retribution rates for recreation and sports venues in Bangli district has been attracting more tourists. The type of research is empirical legal research, which utilizes three different approaches: the statutory approach, the concept approach, and the sociology of law approach. The results showed every tourist and community from outside the area who wanted to cross or visit the Kintamani tourism area would be charged a levy rate at different rates. The responsibility for regional levy management is the existence of guidelines. There is supervision in the implementation of retribution at each post that has been determined and implemented or guarded by the coordinator of the Kintamani Village Levy Supervisory Board. The findings of the study indicate that Bangli Regent Regulation No. 37 of 2019 has been effective in improving the quality of tourism facilities in Kintamani Village, thereby increasing the number of tourists visiting the area. These results are in line with the actual situation observed in the field.
Keyword: Effectiveness, Retribution, Tourists
Keywords: Keyword: Effectiveness, Retribution, Tourists
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| Corresponding Author (I MADE ARJAYA)
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125 |
Law on Tourism |
ABS-18 |
COASTAL LAND CONTROL BY FOREIGNERS THROUGH THE LAND MAFIA AND ITS IMPLICATIONS FOR TOURISM BUSINESS IN BALI Ni Nyoman Sri Puspadewi, I Nyoman Sujana
Universitas Warmadewa
Abstract
This article analyzes ^Coastal Land Control by Foreigners Through the Land Mafia and Its Implications for Tourism Business in Bali^. The study of this paper is focused on the legal aspects of coastal land control by foreigners through the Land Mafia and the Implications for Tourism Business in Bali. In analyzing these legal issues, the authors apply empirical legal research methods with statutory, conceptual, sociological and case approaches. Based on the theory of authority, utility and legal protection as an analytical device, it can be understood that the control of land along the coast in Bali cannot be separated from the existence of land mafia, thus it will have an impact on the tourism business in Bali. Likewise, the coastal land control in Bali cannot be spared from the control of foreigners involved in the land mafia, both through legal and some illegal investments by utilizing mutually beneficial cooperation between local residents, as well as village officials in Customary Village on the basis of sharing profits. Balinese people with their unique culture with Hinduism nuances, in their daily lives and in conducting business in the tourism sector, are always based on ^Tri Hita Karana Philosophy^ manifested in behavior truly maintains a harmonious relationship between ^Humans and God^, ^Humans and Nature^, and ^Humans and other Humans^. It is in this philosophy the principle of good faith in investment is reflected, so, the control of coastal land by foreigners for the benefit of the tourism business is obligatory to respect this very noble principle- in empirical facts, however, it turns out that the control of coastal land in Bali by foreigners often takes advantage of the land mafia under the guise of mutually beneficial cooperation, but it turns out that the tendency is detrimental to the use of traditional villages in carrying out the religious values inherent in these coastal lands. Thus, in this case the concept of mutually beneficial cooperation actually contains bad faith from foreigners involved in the land mafia to control Balinese land only for personal gain at the expense of the beauty and sacredness of Bali^s nature wrapped in mutually beneficial cooperation.
Keywords: Coastal Land Control, land mafia, Foreigners, Tourism Business
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| Corresponding Author (Ni Nyoman Sri Puspadewi)
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126 |
Law on Tourism |
ABS-19 |
Hot Oil Money in Chilly Puncak: The Impact of Foreign Tourists^ Presence to Local People^s Rights in Puncak, Bogor, West Java Zaitun Abdullah, Rifkiyati Bachri, Endra Wijaya
Fakultas Hukum Universitas Pancasila
Abstract
The arrival of foreign tourists from several Arab countries has being influencing to socio legal condition of the society living in Puncak, Bogor, West Java. Such presence of foreign tourists, in one side, means financial income for the country, but the other is their presence could affect local people^s rights. One of the right disturbed is the right to be protected when they consume something. In Puncak, along with the presence of foreign tourists from Arab countries, there is also the spreading of consumed things come from Arab countries traded by several traders. The spreading of those things affect negatively to local people as a consumer who lives in Puncak. This study would explain the tension between the fulfillment of economic right and consumer right as one form of human rights that must be protected. This study uses socio-legal research method and based on primary and secondary data. Interview and observation are conducted by researchers in Puncak to collect the data for this study.
Keywords: Consumer Rights- Government Control- Human Rights
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| Corresponding Author (Endra Wijaya)
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127 |
Law on Tourism |
ABS-37 |
Navigating the Crossroads of Sports Tourism and Integrity Issues: Enhancing Wisdom, Preserving Values, and Ensuring Sustainable Growth Jady Zaidi Hassim
Faculty of Law, Universiti Kebangsaan Malaysia, UKM Bangi, jady[at]ukm.edu.my
Abstract
The field of sports tourism has experienced exponential growth in recent years, captivating enthusiasts and attracting global attention. However, this rapid expansion has also brought to light numerous integrity challenges that demand immediate attention to sustain the industry^s progress. This paper aims to explore the intersection of sports tourism and integrity issues, examining the crucial role of wisdom in enhancing ethical practices, preserving core values, and ensuring sustainable growth. By delving into key aspects such as match-fixing, doping, corruption, governance, and social responsibility, this paper will uncover the intricate web of integrity issues within the sports tourism realm. It will shed light on the detrimental effects of these challenges on the industry^s reputation, fan trust, and long-term viability. Furthermore, the paper will emphasize the significance of cultivating wisdom among stakeholders to navigate these crossroads effectively. Drawing on insights from sports industry professionals, literature research, survey and interview, the paper will propose practical strategies and ethical frameworks to address integrity issues in sports tourism industry. It will highlight the importance of robust governance structures, transparency, education, and collaboration among various stakeholders, including sports organizations, governments, tourism boards, and local communities. The paper will explore the role of sports organisation and government in bolstering integrity efforts for enhancing transparency and fairness in sports events. It will also underscore the need for sustainable practices within the sports tourism industry, integrating environmental, social, and economic considerations for long-term viability and positive societal impact. By navigating the crossroads of sports tourism and integrity issues with wisdom and a commitment to preserving values, the industry can uphold its reputation, inspire trust among fans and participants, and achieve sustainable growth. This paper aims to contribute to the existing body of knowledge by offering practical insights and recommendations that can guide industry practitioners, policymakers, and researchers in fostering integrity within the sports tourism domain.
Keywords: Sports Tourism, Corruption and Integrity Issues, Match-Fixing, Doping, Governance.
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128 |
Law on Tourism |
ABS-71 |
RESPONSIBILITY OF TOURISM PLACE MANAGEMENT FOR TOURIST SAFETY Luh Putu Suryani
Faculty of Law Warmadewa University
Abstract
Bali is a tourism destination that is very well known by tourists. Many tourism business actors open tourist destinations without regard to security and safety for tourists. This study examines the responsibilities of tourist attraction managers in the event of an accident and legal protection for tourist safety. This research is a normative legal research. The results of the study show that the manager of tourist attractions must be responsible if an accident occurs as long as the losses incurred are caused by negligence which is regulated in Article 7 of Law Number 8 of 1999 concerning Consumer Protection, Article 26 of Law Number 10 of 2009 concerning Tourism and Article 6 number (3) Regional Regulation of the Province of Bali Number 5 of 2020 concerning Standards for Implementing Balinese Cultural Tourism. Legal protection for the safety of tourists visiting tourist attractions can refer to Article 20 letters (c) and (f) of the Tourism Law regarding tourist rights, and as consumers who use tourism services can refer to Article 4 numbers (1) and numbers (5) Consumer Protection Act. Based on the results of the research, it can be suggested that managers of tourist attractions pay attention to security and safety for visiting tourists.
Keywords: Responsibility, Managers of tourist attractions, Tourists
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| Corresponding Author (Luh Putu Suryani)
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129 |
Law on Tourism |
ABS-98 |
THE IMPLICATION OF VIRALISING THE BEHAVIORS OF FOREIGN TOURISTS WHICH CONTAINS PORNOGRAPHIC ELEMENTS ON THE TOURISM INDUSTRY OF BALI Safira Widya Attidhira, Dr. Armansyah, S.H., M.HSample Abstract
Universitas Pancasila
Abstract
The Island of Bali as a main tourism destination in Indonesia have attracted international attention, with the increasing number of foreign tourists after the pandemic. Along with that, the behaviors of foreign tourists which can potentially breaking the law such as behaviors which are against the local decency norms have made some concerns among the local people and government officials.
Because of the advancing information technology (IT), every event can be recorded and reported, as a consequence of using IT, netizens^ recorded and viralised behaviors which contain pornographic elements in Social Media, which significantly affect the tourism industry of Bali. The role of netizens in helping the law enforcer against the indecent behaviors of foreign tourists and the implication of viralising of foreign tourists^ behaviors which contain pornographic elements in social media according to the UU ITE , are the problems put forward in this research.
This research is using the normative juridical approach in order to analyze relevant law and regulations, which is the ITE Law. The research data are analyzed using analytical-descriptive approach qualitatively by collecting data from various trusted sources, including scientific journals and related legal documents.
The result of the research shows that netizens have significant roles in supporting law enforcement against indecent behaviors of foreign tourists in Bali. Using social media, netizens can quickly spread information and related evidences against indecent behaviors, speeding up law enforcement processes. Viralising foreign tourists^ behaviors which contained pornographic elements also negatively affect tourism industry in Bali, such as the decrease in tourists^ visits and deteriorating image, including conviction to those who distributed, transmitted, and accessed Electronic Information and/or Electronic Document containing indecent contents.
In order to solve this problem, a cooperation between government, people, and other related parties is truly needed, which includes immigration policy, supervision reinforcement, counseling, and improving awareness of the importance of keeping positive image of tourism and also not immediately viralising events which can potentially breaks the Law.
Keywords: Viral, Pornographic, Foreign Tourists, Tourism Industry
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| Corresponding Author (Safira Widya Attidhira)
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130 |
Law on Tourism |
ABS-101 |
TINJAUAN YURIDIS PENGATURAN SEPAK BOLA SEBAGAI SPORTS TOURISM DI INDONESIA I Wayan Werasmana Sancaya, Ratna Ayu Widiaswari
Fakultas Hukum Universitas Warmadewa
Abstract
Pariwisata event olahraga yang sangat populer di dunia adalah olahraga sepak bola. Pertandingan tim-tim sepakbola kini dijadikan sebagai obyek daya tarik wisata yang sering dikunjungi wisatawan dan pelancong. Terkait kunjungan wisatawan, pelancong tersebut tentunya akan memberi keuntungan bagi daerah penyelenggara sebuah pertandingan sepakbola. Sepak bola bisa berperan dalam pengembangan negara atau daerah. serta memberikan dorongan nyata bagi perekonomian Negara dan Masyarakatnya. Sepak bola memainkan peran kunci dalam mempromosikan Negara atau daerah sebagai tujuan wisata dan bisnis di seluruh dunia. Potensi besar yang dimiliki Indonesia di bidang sport tourism khususnya sepak bola, namun juga masih memiliki banyak kekurangan terkait legalitas, serta perlindungan hukum baik bagi wistawan, maupun pihak lainnya terkait penyelenggaaan sport tourism. Dalam hal ini, pemerintah memiliki peran dalam mengembangkan dan membangun dengan meregulasi, dan membentuk aturan-aturan mengenai penyelenggaraan sport tourism. Pada saat ini pemerintah telah mengakomodir sport tourism atau wisata olahraga ke Desain Besar Olah Raga nasional (DBON) dengan landasan hukum Peraturan Presiden Nomor 86 Tahun 2021 Tentang Desain Besar Olah Raga Nasional, Lembaran Negara Republik Indonesia Tahun 2021 Nomor 212. Yang pengaturan mengenai wisata olah olah raga terdapat di Pasal 4 ayat 2 yang berbunyi: Industri Olahraga sebagaimana dimaksud pada ayat (1) huruf d termasuk wisata Olahraga.
Keywords: Pariwisata, Sport Tourism
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| Corresponding Author (I Wayan Werasmana Sancaya)
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131 |
Law on Tourism |
ABS-102 |
VALIDITY OF PEACE DEEDS IN DISPUTES BETWEEN BUSINESS ACTORS AND CONSUMERS Desak Gde Dwi Arini, I Nyoman Subamia
Universitas Warmadewa
Abstract
The existence of business actors as existing company providers has been able to reduce the unemployment rate that occurs by providing employment opportunities and business actors have produced business products for goods and or services. However, the existence of business actors or companies that provide goods and or services is currently still not enough to accommodate their production results properly, due to the imbalance between consumer rights and business actors. The purpose of this study is expected to provide new thoughts to business actors who wisely apply the provisions of Law Number 8 of 1999 concerning Consumer Protection. The collection of legal materials in library research is a documentary technique, which is collected from archival studies or literature studies such as books, papers. In addition, the interview is also one of the techniques of collecting legal materials that support the documentary technique in this study and serves to obtain legal materials that support the research if needed. The handling of legal protection for consumers through government agencies that are out-of-Court pleading institutions is a request for peace against the actions of parties who feel aggrieved by the Actions of the Company. Thus, the government agency authorized to resolve consumer disputes is the Consumer Dispute Resolution Agency (BPSK).
Keywords: Validity, Deed of Peace, Dispute, Business Actors, Consumers.
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| Corresponding Author (Desak Gde Dwi Arini)
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132 |
Law on Tourism |
ABS-107 |
LEGAL CONSEQUENCES OF DEFAULT IN HOTEL BOOKING TRANSACTIONS IN BALI THROUGH ONLINE Desak Gde Dwi Arini, Ni Made Sukaryati Karma, Kristian Ananta Dion
FAKULTAS HUKUM
UNIVERSITAS WARMADEWA
Abstract
The tourism sector in Bali is a potential sector to be developed as one of the sources of regional income. Efforts to increase local revenue, the development program and the utilization of resources and potential of regional tourism in this case the hotel business is expected to contribute to economic development. Based on this, the following problems can be studied: how is the validity of hotel booking transactions in Bali online, and what are the legal consequences of default in hotel booking transactions in Bali online. The research method uses normative legal research, and the source of legal materials uses primary legal materials and secondary legal materials. And the results of the study say that the validity of hotel booking transactions in Bali online, refers to the valid terms of the agreement in Article 1320 of the Civil Code, according to the concept of the transaction is a sale and purchase which is an agreement made between the seller and the buyer, in this case between the hotel owner and the customer or consumer which can occur through a third party, namely the Travel party. In accordance with the conditions for the validity of the agreement transaction in Article 1320 of the Civil Code, that the parties must have an agreement in the transaction, the parties have legal capacity, there are certain things and a halal causa. If the transaction has fulfilled these four conditions, the agreement is considered legally valid. And the legal consequences if there is a default in an online hotel booking transaction, the agreement is considered invalid and the agreement can be canceled and the agreement is said to be null and void, meaning that the online hotel booking transaction never happened.
Keywords: Default, Consumer, Transaction, online
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| Corresponding Author (Desak Gde Dwi Arini)
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133 |
Law on Tourism |
ABS-110 |
DEVELOPMENT AND IMPLEMENTATION STRATEGY OF QUALITY TOURISM IN THE MANAGEMENT OF THE TOURISM INDUSTRY IN BALI Ida Ayu Putu Widiati, Luh Putu Suryani, Indah Permatasari
Faculty of Law Universitas Warmadewa
Abstract
The tourism industry is one of the most developed industries in Bali. Most Balinese people depend on the tourism industry. The Minister of Tourism and Creative Economy/Head of the Tourism and Creative Economy Agency of Indonesian stressed the importance of maintaining tourist confidence through quality tourism. In the Strategic Plan of the Minister of Tourism and Creative Economy/Head of the Tourism and Creative Economy Agency of Indonesian for 2020-2024, it is prescribed that the development of national tourism is directing towards Quality Tourism Experience. This study examines the regulation of quality tourism in Indonesian laws and regulations as well as the strategy for developing and implementing quality tourism in the management of the tourism industry in Bali. This research is an empirical legal research. All data are analyzed and evaluated to formulate a strategy for developing and implementing quality tourism in the management of the tourism industry in Bali. From a juridical perspective, there is no explicit provision in statutory regulations, especially in laws and regional rules and regulations, regarding what quality tourism is. From an empirical perspective, there are still a number of tourism supporting facilities that do not represent the concept of quality tourism management. The strategy for developing and implementing quality tourism in the tourism industry management in Bali can be in the form of drafting laws, regulations and policies which clearly regulate quality tourism, especially regarding quality tourism standards. Thus, this concept can be applied optimally and is based on Sapta Pesona, CHSE, and excellent service in tourism development.
Keywords: Quality tourism, Sustainable tourism, Tourism industry
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| Corresponding Author (Ida Ayu Putu Widiati)
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134 |
Law on Tourism |
ABS-111 |
Community Participation in the Development of Rural Tourism Areas in Taro Village I Nyoman Gede Sugiartha
Lecturer of the Faculty of Law Univ. Warmadewa
Abstract
Community Participation in the Development of Rural Tourism Areas is a debate in its implementation. This emphasizes the sustainability of an idea based on community participation that is oriented towards Balinese culture in supporting sustainable development. The concept of a tourist village is a form of community-based tourism that aims to prosper the people in the area. At present most tourist villages in the Province of Bali have not succeeded in developing properly. One of the problems is that people are confused in applying environmental laws and the culture they have in carrying out tourism activities. The problem to be answered is- 1. Efforts to realize rural tourism development based on local wisdom values 2. Community participation in sustainable rural tourism development in Taro Village. This research is primarily aimed at developing a model of community participation based on local wisdom values of tourist villages based on Balinese cultural environmental law to increase community legal compliance with environmental protection. The research method is- normative.
The results of the study show that community participation is an effort to take responsibility which is very difficult so that rural tourism development does not reduce the quality of the environment and can realize sustainable rural tourism development in Bali. Integrating the values that develop in society in protecting and preserving the environment is an ideal form of protecting and managing the environment wisely to realize sustainable tourism development in Bali.
Keywords: Community role, tourism, local values
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| Corresponding Author (I Nyoman Gede Sugiartha)
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135 |
Law on Tourism |
ABS-112 |
a tourism village tourism development model in the TNBB based on Balinese cultural environmental laws to increase compliance with environmental laws, at the event. I Nyoman Gede Sugiartha
Universitas Warmadewa
Abstract
The concept of Tourism Area is being debated in its implementation. This concept emphasizes the sustainability of tourism sustainability based on Balinese cultural environmental law in supporting sustainable development. The concept of a tourist village is a form of community-based tourism that aims to prosper the people in the area. At present most tourist villages in the Province of Bali have not succeeded in developing properly. One of the problems is that people are confused in applying environmental laws and the culture they have in holding events. This research is primarily aimed at developing a tourism village tourism development model in the TNBB based on Balinese cultural environmental laws to increase compliance with environmental laws, at the event. This also helps increase guest confidence in tourist villages because they are legally protected by the products purchased and ultimately have an impact on guests buying event services, as well as improving people^s lives.
Research located in West Bali National Park. Miles and Huberman^s model is used as data analysis. A SWOT analysis was also carried out to find out the potential of a tourist village in terms of three pillars, namely the concept of green, law and culture. Test the validity and reliability of qualitative research is also carried out by testing the credibility, testing the transferability, and testing the dependability. In the research, focus group discussions and workshops were also held to validate the model and disseminate research results by inviting related parties in the fields of tourism, law and culture. The results of the study aim to contribute to advancing the existence of a tourist village through a model of integrating local wisdom values for activities carried out that care for the environment based on Balinese cultural law. This condition can foster tourists^ trust in tourist villages so that they can prosper the local community in a sustainable manner.
Keywords: Tourism, TNBB, Village Progress
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| Corresponding Author (I Nyoman Gede Sugiartha)
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136 |
Law on Tourism |
ABS-113 |
MANAGEMENT OF BAGA UTSAHA PADRUWEN DESA ADAT IN THE SANUR TOURIST DESTINATION AREA, DENPASAR CITY. Dr I Wayan Rideng, SH.,MH, Prof. Dr. I Made Suwitra, SH.,MH I Made Gianyar, SH.,M Kn.
Universitas Warmadewa
Abstract
This research aims to conduct a study on optimizing the existence of Desa Adat (customary villages) in Bali through the implementation of Bali Regional Regulation Number 4 of 2019 concerning Desa Adat in Bali. It aims to provide recognition and respect for the role and position, clarity of status and legal certainty, improve the quality of services for the karma (customary village people), increase socio-cultural resilience, and realize a strong economic system. The existence of Desa Adat, which has grown and developed over the years and holds the rights of origin, tradition, and autonomy to regulate their own homes, carries great responsibility in the context of the welfare of the karma of the Desa Adat. To maintain this continuity, Desa Adat owns both immaterial and material property or assets (padruwen), requiring management based on the principle of expediency to improve the welfare of the krama of the Desa Adat. Desa Adat comprises the Village Credit Institution (Lembaga Perkreditan Desa/LPD) and Baga Utsaha Padruwen Desa Adat (BUPDA), which functions as the driving force of the Desa Adat^s economy, the engine for production and distribution, the logistics hub for Krama^s production in various economic sectors, a laboratory for entrepreneurship, a creator of jobs, and a source of income for the krama and the Desa Adat. BUPDA, a business unit owned by Desa Adat, carries out business activities in the real sector economy, services, and/or public services. These activities are organized based on customary law and managed with modern governance to improve the welfare and independence of the krama of the Desa Adat. The Sanur tourist area is a destination recognized by domestic and foreign tourists, and it is a property owned by Desa Adat Sanur. Numerous businesses supporting tourist activities grow and develop in this region, managed by BUPDA. Therefore, the legal issues that are the object of research for finding a solution include: 1) How is the regulation of Baga Utsaha Padruwen Desa Adat in the legal system?- and 2) How is the management of Baga Utsaha Padruwen Desa Adat in the tourism destination/Sanur tourist area? This research adopts an empirical legal research approach with a sociological-juridical perspective. The results of this study demonstrate that the legal basis for regulating the existence of BUPDA is derived from Bali Regional Regulation Number 4 of 2019 concerning Desa Adat in Bali. Additionally, it is nationally reinforced through the issuance of Law Number 15 of 2023 concerning the Province of Bali. As for the management of BUPDA in the Sanur Tourism Area, the establishment of BUPDA Sanur is in accordance with Bali Regional Regulation No.4 of 2022 concerning Guidelines, Mechanisms, and Establishment of BUPDA. Thus, in carrying out business activities, BUPDA receives support from the krama of the Desa Adat. Seven business units have been formed for business unit activities, the majority of which are tourism-related activities.
Keywords: Desa Adat, BUPDA, Sanur Tourism Area
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| Corresponding Author (I Wayan Rideng)
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137 |
Law on Tourism |
ABS-134 |
LEGAL PROTECTION OF TOURISTS IN PROVIDING A SOURCE OF TAX REVENUE Desak Gde Dwi Arini, I Nyoman Subamia
Universitas Warmadewa
Abstract
The tourism sector is a potential sector to be developed as one of the sources of regional income. In order to increase local revenue, the development program and utilization of local tourism resources and potential are expected to contribute to economic development. Based on this, the following problems can be studied: how is the form of legal protection against tourists who provide a source of tax revenue, and what are the legal consequences for tourists who avoid paying taxes. With research methods using normative legal research, as well as sources of legal materials using primary legal materials and secondary legal materials. And the results of the study say that the form of legal protection for tourists who provide a source of tax foreign exchange is expressly regulated in Article 20 of Law Number 10 of 2009 concerning Tourism, which stipulates that, ^every tourist has the right to obtain accurate information about tourist attractions, tourism services in accordance with standards, legal protection and security, health services, protection of personal rights and insurance protection for high-risk tourism activities, as well as Law Number 28 of 2007 concerning General Provisions and Tax procedures. This is a repressive protection. And the legal consequences that arise for tourists who do not pay taxes, specifically against foreign tourists in the case of misuse of visit visas for foreigners are subject to sanctions both in the form of administrative sanctions and in the form of criminal sanctions, namely imprisonment or expulsion from the territory of Indonesia by force. However, for domestic tourists because it is included with the payment of tour tickets, the agreement is made from the beginning for domestic tourists.
Keywords: Legal Protection, Travelers, Source of Foreign Exchange, Taxes
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| Corresponding Author (Desak Gde Dwi Arini)
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138 |
Law on Tourism |
ABS-142 |
The Mirror of the Constitution of the Democratic Republic of Timor-Leste in the Tourism Law Frame Lucia de Canossa Silva Hau., Lic.Dir., M.Dir
Universitas Warmadewa
Abstract
In the constitutional legal structure of the Democratic Republic of Timor-Leste, the constitution is always interpreted as official state documents which only contain a portion of the text of the regulation that underlies the constitution of RDTL as the womb of the Maubere homeland. Even though in modern countries, the constitution has transcended the civilization of the times, this is also part of Socrates^ reflection, who dreamed of an ideal state that is ordered by the constitution and has its own legal sovereignty. Thus, the constitution is like a tourism guide with rules and principles that indicate the beliefs and values of members who live, grow and live with the community, the dynamics of legal thought developed by Prof. Sajipto Rahardjo on search, enlightenment, and liberation. The fact shows that the country is already independent, but the law is still chained by the colonial power. This research is a normative legal research that aims to examine the mirror of the constitution of the Democratic Republic of Timor-Leste in the tourism law frame. Returning to the issue of the constitution as the supreme law, which all people must obey without exception. A new problem arises, namely, who will guarantee that constitutional provisions are carried out by the Executive Body or other government bodies per the rules in the text. As has been emphasized in the constitution of RDTL, in Article 2, paragraphs (1) and (2), sovereignty is in the hands of the people, who will use it in the manner and in the form stipulated in the constitution and in paragraph (2) that the state is subject to constitutions and laws.
Keywords: Constitution of Timor-Leste, law, tourism
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| Corresponding Author (Lucia de Canossa Silva Hau)
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139 |
Law on Tourism |
ABS-167 |
THE CONTRIBUTION OF LEVY RATES IN TOURISM IN THE INCREASE REGIONAL REVENUE IN BALI ( Tourism Law Perspective) Ni Kadek Wiwin Krisnawati
Universitas Warmadewa
Abstract
This paper examines how tourism levies contribute to increasing regional revenues. Bali as a tourist destination should contribute to improving the welfare of the community. Thus, efforts are needed to maximize income from the tourism sector while still paying attention to environmental aspects and social life of the community. This research is empirical legal research and uses three approaches: a statutory approach, a conceptual approach, and a sociological approach to law. Tourists and people from outside the area who visit tourism areas in Bali are subject to levy rates at different rates in accordance with the provisions of laws and regulations. The form of accountability for regional levy management is the existence of technical guidelines for Regional Apparatus that collects levies in accordance with existing policies. The findings of the study stated that the tourism tariff levy charged to tourists to Bali contributed or contributed to the Bali area. Policies related to the imposition of levy rates to tourists run effectively in accordance with the reality that occurs on the ground and are able to increase the number of tourists by improving the quality of facilities that support tourism objects in the Bali area.
Keywords: Levy Rate, Tourism, Regional revenue
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140 |
Law on Tourism |
ABS-172 |
PENGEMBANGAN POTENSI EKOWISATA MELALUI PENGUATAN DESA ADAT BARU MARGA, TABANAN-BALI DAN EKSISTENSI HUKUM KEPARIWISATAAN DALAM KEBUDAYAAN BALI Made Bagoes Wiranegara Wesna
Fakultas Hukum, Universitas Warmadewa
Abstract
Desa merupakan daerah otonom yang paling tua sebelum adanya daerah koordinasi yang lebih luas lagi seperti halnya kerajaan atau pemerintahan. Adanya sistem pemerintahan yang modern telah membuat perubahan pada desa dengan karakteristik budaya dan adat - istiadat dalam Undang-Undang No. 6 Tahun 2014 Tentang Desa menyatakan bahwa desa memiliki hak asal usul dan hak tradisional dalam mengatur dan mengurus kepentingan masyarakat setempat. Desa perlu dilindungi dan diberdayakan agar menjadi kuat, maju, mandiri dan demokratis. Industri pariwisata di Indonesia dapat ditinjau dari segi budaya, dalam hal ini secara tidak langsung memberikan peran penting bagi perkembangan budaya Indonesia karena dengan adanya suatu obyek wisata maka dapat memperkenalkan keragaman budaya yang dimiliki suatu negara. Seperti pada Desa Baru Marga, Tabanan-Bali yang memiliki ekowisata LADUMA dimana sumber daya alam dijadikan daya tarik wisatawan baik lokal maupun mancanegara dengan tetap mempertahankan keasrian lingkungan. Konsep wisata alam didasarkan pada pemandangan dan keunikan alam, karakteristik ekosistem, seni budaya dan karakteristik masyarakat sebagai kekuatan dasar yang dimiliki oleh masing-masing daerah.
Keywords: Ekowisata, Penguatan Desa Adat, Eksistensi Hukum.
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141 |
Law on Tourism |
ABS-173 |
UNDANG-UNDANG NO. 11 TAHUN 2020 TENTANG CIPTA KERJA TERHADAP INDUSTRI SEKTOR PARIWISATA TERHADAP PELAYANAN PERIZINAN PARIWISATA MELALUI OSS (ONLINE SINGLE SUBMISSION ) PADA DINAS PENANAMAN MODAL DAN PELAYANAN TERPADU SATU PINTU DI KOTA DENPASAR I Gede Padikka Ridanta Netha
Fakultas Hukum , Universitas Warmadewa
Abstract
Pulau Bali terkenal karena memiliki ribuan nilai seni budaya dengan adat-istiadat dan kepercayaan setempat yang berbeda, serta tentunya mempunyai karakteristik religi (Hindu) sebagai keunikan dan wujud kreatifitas baik dalam bentuk maupun sistem kepercayaannya. Hal ini mampu menjadi daya tarik wisatawan baik domestik maupun mancanegara untuk mengunjungi Bali, sehingga Bali menjadi Obyek dan Daya Tarik Wisata andalan. Untuk mendukung pencapaian sasaran pembangunan pariwisata, pelaku usaha yang akan melakukan kegiatan usaha di bidang pariwisata haruslah terlebih dahulu melakukan pendaftaran perizinan yang disebut Tanda Pendaftaran Usaha Pariwisata (TDUP). Pendaftaran Usaha Pariwisata adalah proses tahapan yang dilaksanakan oleh setiap Badan atau Perseorangan yang menyelenggarakan Usaha Pariwisata untuk memperoleh Tanda Daftar Usaha Pariwisata. Pelayanan Izin usaha Pariwisata melalui OSS (Online Single Submission) , Sesuai dengan Peraturan Gubernur Bali Nomor 28 tahun 2020 tentang Tata kelola Pariwisata Bali pasal 4 menyebutkan dan Pasal 1 angka 7 UU No.10 Th 2009 tentang Kepariwisataan mengatur definisi, usaha pariwisata yaitu usaha yang menyediakan barang dan/atau jasa bagi pemenuhan kebutuhan wisatawan dan penyelenggaraan pariwisata.
Keywords: OSS (online single submission) - Pariwisata - Perizinan
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142 |
Law on Tourism |
ABS-174 |
MANAGEMENT APPROACHES FOR INDIGENOUS PEOPLES-BASED TOURSM DESTINATION Dr. I Wayan Rideng, SH,.MH
Faculty of Law, Univeritas Warmadewa-Denpasar
Abstract
This research paper aims to explore sustainable development with the objective of enhancing societal welfare while considering various factors that must be taken into account. These factors encompass social and cultural needs, ensuring that sustainable development does not solely focus on materialistic gains but also aligns with community values, including those of indigenous peoples. By prioritizing harmony among all elements, including culture and the environment, the research investigates two key issues: 1) the governance of tourism destinations, and 2) the impact of tourism management policies on the existence of indigenous peoples. The primary goal of this study is to establish a comprehensive framework for regulating tourism management, which incorporates the needs and rights of indigenous communities, ultimately fostering sustainable development without reducing them to mere objects. Employing a normative legal research approach, specifically utilizing the statute approach, the study examines the norms outlined in statutory provisions. Through this analysis, the research aims to formulate provisions and develop a framework within the realm of tourism law that accommodates the existing indigenous populations. The findings of this research endeavor are intended for publication in esteemed international journal.
Keywords: sustainable development, societal welfare, indigenous peoples, tourism governance,and tourism management policies.
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143 |
Law on Tourism Investment and Business Dispute Resolution |
ABS-7 |
Cross Border Insolvency for Economic Recovery amongst Southeast Asia Countries Gede Aditya Pratama (a*)- Elfirda Ade Putri (b)
Universitas Bhayangkara Jakarta Raya
Jl. Raya Perjuangan Bekasi Utara, Kota Bekasi, Jawa Barat 17121, Indonesia
Abstract
The development of business transactions by conducting cross-border trade will simultaneously bring a situation where the company will be faced with a diversity of national laws or legal systems in jurisdictions or countries that are different from their countries of origin, even in this context bankruptcy is also a consequence of transnational trade activities. The potential for bankruptcy gives a sign that a company needs to restructure its debt, then the company will also be faced with other complex problems involving the coordination of settlement proposals involving companies from different countries who cooperates directly with the company. The legal process of such a situation can be said to be complicated, because of the conflict of national laws of each country, these differences in laws and regulations create difficulties for each country that have its own frames of bankruptcy laws. In 2015 in the Southeast Asian region a community called the ASEAN Economic Community was established which aims to build a fully integrated economy for countries in the Southeast Asian region in order to create resilience in the face of global economic shocks. But unfortunately, ASEAN member states still have not made any adjustments or prepared regulations especially for the fully integrated cross-border insolvency rules, even though an important element to accelerate economic recovery can be done by creating harmonization of cross-border insolvency law arrangements.
Keywords: ASEAN- Bankruptcy- Cross-Border Insolvency- Economic Recovery
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144 |
Law on Tourism Investment and Business Dispute Resolution |
ABS-45 |
INVESTASI BIDANG PARIWISATA DI INDONESIA Anak Agung Ngurah Alit Wiraputra
Program Studi Hukum Program Doktor
Program Pasca Sarjana
Universitas Warmadewa
Abstract
Pariwisata merupakan suatu kegiatan mengunjungi suatu tempat sebagai perjalanan dari suatu tempat ketempat lainnya yang bersifat sementara, dilakukan oleh perorangan atau suatu kelompok sebagai usaha mencari keseimbangan atau keserasian dan kebahagiaan dengan lingkungan dalam dimensi Sosial, Budaya, Alam dan Ilmu serta berbagai macam kegiatan wisata yang didukung oleh berbagai fasilitas serta layanan yang disediakan oleh Masyarakat, Pengusaha dan Pemerintah serta Pemerintah Daerah.
Pembangunan pariwisata berbasis Ecowisata merupakan suatu konsep dalam kegiatan pariwisata yang bertujuan untuk meningkatkan partisipasi masyarakat dalam kegiatan pariwisata dan pelestarian lingkungan serta meningkatkan perekonomian masyarakat melalui pemanfaatan hasil Sumber Daya Alam yang terdapat pada suatu Daerah Destinasi Wisata.
Pariwisata adalah ujung tombak Ekonomi Kerakyatan yang sedang dicanangkan oleh Pemerintah.
Menurut data dari Kementerian Pariwisata Republik Indonesia, sector pariwisata memberikan kontribusi pada PDB Nasional sebesar 4%, dengan pemasukan devisa sebesar Rp. 120 Triliun dan jumlah tenaga kerja sebanyak 8,7 Juta yang terlibat langsung : karyawan hotel, restoran, themepark, tempat-tempat rekreasi, biro perjalanan, angkutan pariwisata, dll.
Jika ditambah tenaga kerja yang berasal dari pemasok langsung : diperkirakan ada 29,7 juta tenaga kerja yang terlibat, yaitu dari sector pertanian (sayur, buah-buahan, kopi/the), nelayan (ikan, udang, dll), peternak (daging, telur), industry tekstil/garmen (handuk, selimut, sprei, seragam, dll), industry perawatan gedung : (engineering, lampu, dll), industri alat-alat rumah tangga : (ranjang, furniture). Jika ditambah dengan tenaga kerja yang terlibat tidak langsung, maka jumlahnya bisa mencapai 89,1 Juta tenaga kerja, yaitu berasal dari sector ekonomi kreatif, perdagangan, transportasi darat, laut, udara, industri kontruksi dan bahan bangunan, industri perumahan, industri mobil/motor,dll.
Sehingga Investasi di bidang pariwisata akan memberikan dampak positif bagi iklim pariwisata Indonesia sehingga perekonomian lebih membaik khususnya dibidang pariwisata. Kondisi tersebut akan membawa angin segar bagi tersedianya lapangan pekerjaan baru yang bermanfaat bagi kemajuan ekonomi Indonesia. Investasi pariwisata membutuhkan biaya yang sangat tinggi sehingga menjadi tantangan dan tanggung jawab besar dan harus digerakkan dengan strategi yang terstruktur, terukur, dan berkelanjutan.
Keywords: Masyarakat, Bidang Pariwisata, Investasi
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145 |
Law on Tourism Investment and Business Dispute Resolution |
ABS-85 |
LAND DISPUTE PREVENTION MODEL FOR CLIMATE SUSTAINABILITY OF TOURISM INVESTMENT IN BALI PROVINCE Agus Apriawan
Study Program Law Doctoral Program, Postgraduate Program University Warmadewa
Abstract
Based on data from the Regional Office of the Agency land National Bali Province exists
various typology case land with amount dispute land as many as 261 disputes and amount case land
as many as 493 cases. Height case land in the Province of Bali disputes, conflicts, and case land will
impact to the disturbance condition stability economic, political, social and security that will
influential also to condition climate investment tourism in Bali. Based on background behind the so
felt interesting for study regarding : 1. What are the weaknesses of the current regulations in efforts
to prevent land cases? 2. How mechanism prevention case land that can done in guard continuity
climate investment tourism in Bali Province? The research method used is mix legal method by
combining two forms of legal research, namely normative and empirical, using a statutory approach
supported by data and facts. Development characteristic and substance case dispute land no only
problem administration land that can resolved through law administration, however more complex
because already penetrate to realm political, social, cultural and related with problem nationalism
and human rights. The common causes of land cases can be grouped into two, namely legal factors
and non-legal factors. In framework guard continuity climate investment tourism in the Province of
Bali then mechanism prevention case land that can done is with involve public through order
government closest that is government area to be a good link to build system integration in efforts to
prevent land cases. The developing concept of community justice focuses on empowering the
community to do various things related to handling conflicts in the land sector.
Keywords: prevention , dispute land , climate investment tourist
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146 |
Law on Tourism Investment and Business Dispute Resolution |
ABS-92 |
The Legal Urgency of the E-Wallet System for Education Financing in Business in the Digital Age Yapiter Marpi
University of Jakarta
Abstract
Globalization is currently having an impact on various aspects of human life, both in economic growth and in the technology of E-Wallet service providers such as Go-Pay, DANA, OVO, DOKU or etc. which are of interest to the public at this time, it is an interesting phenomenon to study, especially from a financial perspective. legal impact. a digital wallet that is used as a transaction tool in digital form, with an e-wallet the transaction process is faster and easier in this digitalization era because all you have to do is scan the QR code. The purpose of this study is to determine law enforcement against cybercrime on e-wallets and the protection of personal data on e-wallets. The method used in this research is normative research. Based on the principle of legality, cyber crimes such as data theft have violated the ITE Law, therefore a person^s personal data must be protected according to the Minister of Communication and Information and Bank Indonesia Regulations.
Keywords: Legal Urgency, E-Wallet, Digital Era
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147 |
Law on Tourism Investment and Business Dispute Resolution |
ABS-94 |
ANALYSIS OF THE IMPACT OF THE WORK CREATE REGULATION ON NATURAL RESOURCE LAW DIMENTIONS OF TOURISM BUSINESS I Dewa Gede Atmadja, I Nyoman Putu Budiartha, Made Wiryani
Warmadewa University
Abstract
Law Number 11 of 2020 concerning Work Create, which amends and revokes laws and regulations using the omnibus law method in the framework of simplifying legislation which overlaps and hinders the economy in the era of globalization. Vogel calls this heap of regulations a ^flood of norms^, which can be overcome by simplifying legislation through improving legal drafting. The concept of deregulation requires a simple, clear, and principled legal order to anticipate complex and overlapping legal rules. Problem Research are: (a).What is the basic philosophy and juridical the validity of Omnibus Law Act Number 6 Years 2023 about Work Create, and the impact toward Nature Resources Dimension on Tourism Business? (b) How the strategy to decrease the negative impact and strengthening the positive impact to Omnibus Law, Act Number 6 Years 2023 about Work Create toward negative and positives on dimension Tourism Business? Method in this research that is normative research, law books primary approach: statute and judge decision, and secondary approach law book relevant literature, philosophy approach. Research result are (1).The basic philosophy of validity Omnibus Law, Act Number: 6 Year 2023 about Work Create is legal realism jurisprudence or pragmatic legal realism theory. (2).On strategy to decrease the negative impact of Omnibus Law, Act of Work Create, according The Optimal Theory of Regulation, based on economy analysis of law that explain regulation must be realize efficiency principle to calculate cost and benefit.
Keywords: Omnibus Law Method, Prospects for Deregulation, Natural Resources, Act of Work Create
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148 |
Law on Tourism Investment and Business Dispute Resolution |
ABS-97 |
THE ROLE OF DHARMA ABADI VILLAGE OWNED ENTERPRISES (BUMDES). APUAN VILLAGE TO INCREASE VILLAGE ORIGINAL INCOME THROUGH DRINKING WATER MANAGEMENT Ni Made Puspasutari Ujianti, A.A Sagung Laksmi Dewi, Luh Putu Suryani
Faculty of Law, Warmadewa University
Abstract
The policy of implementing local government has experienced dynamic development during Indonesia^s independence. This was opened with a paradigm shift in governance from centralized to decentralized. The essence of decentralization itself is the granting of authority by the Central Government to Regional Governments to carry out autonomy. However, the authority that is given must be supervised by the central government, one of the supervision that needs to be given is supervision of BUMDes Village-Owned Enterprises. BUMDes play an important role in increasing village income, one of which is BUMDes Dharma Abadi which is located in Apuan Village. BUMDes plays an important role in managing drinking water in the village. The establishment and management of Village Clean/Drinking Water Management business units by Village-Owned Enterprises (BUMDes) is a form of managing village wealth or village potential which is supported by active community participation. Where this is in line with Law Number 6 of 2014 Article 77 which states that, management of village-owned assets and or village potential is carried out based on the principle of public interest to improve the welfare of village communities, and to increase Village Original Income.
Keywords: Management, BUMDes, Village Original Income
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149 |
Law on Tourism Investment and Business Dispute Resolution |
ABS-148 |
Pembaharuan Hukum:Keterkaitan Hukum Bisnis,Kearifan Lokal dan Industri Pariwisata I Made Gde Bamaxs Wira Wibowo,S.H.,M.H
Facultyof Law,Universitas Warmadewa
Abstract
ABSTRAK
Tujuan dari penelitian ini untuk menganalisis (1) pembaharuan hukum termasuk hukum bisnis pariwisata harus mengakomodasi kemajemukan kearifan lokal- dan (2) integrasi dan adaptasi potensi kearifan lokal dalam penyelesaian sengketa bisnis pariwisata. Metode penelitian yang digunakan adalah metode penelitian hukum normatif. Hasil penelitian menunjukkan bahwa (1) Pembaharuan hukum termasuk hukum bisnis pariwisata harus mengakomodasi kemajemukan kearifan lokal karena sebagai bagian dari produk kebudayaan, hukum tidak hanya dipandang sebagai bangunan norma peraturan yang dibuat oleh pihak yang memiliki otoritas untuk membuat hukum negara yang memperlihatkan wujudnya sebagai sistem pengendalian sosial (social control) untuk menciptakan keteraturan sosial (social order) dan menjaga ketertiban dalam kehidupan bersama (legal order). Dengan diberlakukannya otonomi daerah segera memunculkan serangkaian kebangkitan daerah, etnik, politik dan hukum. Menguatnya kesadaran akan peran nilai-nilai lokal dalam menopang pariwisata yang berkelanjutan membawa dampak dalam proses pembaharuan hukum nasional termasuk hukum bisnis pariwisata. Hukum adat dan kearifan lokal sudah semestinya dijadikan komponen dan sendi dari pembaharuan hukum nasional- dan (2) Integrasi dan adaptasi potensi kearifan lokal dalam penyelesaian sengketa bisnis pariwisata sangat perlu dilakukan. Proses penyesuaian dan penyatuan antara potensi kearifan lokal dalam penyelesaian sengketa dengan cara penyelesaian sengketa peradilan perlu diupayakan, sehingga menyelesaian sengketa dengan cara yang cepat, damai, kekeluargaan, namun tetap berlandasakan kepastian, kebenaran, keadilan, dan kepatutan dapat dilaksanakan. Cara peradilan yang demikian adalah adalah sesuatu yang diharapkan kalangan pengusaha pariwisata.
Keywords: Pembaharuan Hukum.Hukum Bisnis,Kearifan lokal dan Industri pariwisata
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150 |
Law on Tourism Investment and Business Dispute Resolution |
ABS-184 |
LEGAL CERTAINTY FOR INVESTORS IN CONDOTEL OWNERSHIP TO SUPPORT SUSTAINABLE TOURISM ACCOMUDATION Ni Nyoman Sukariati
LEGAL STUDY PROGRAM DOCTORAL PROGRAM
WARMADWA UNIVERSITY POSTGRADUATE PROGRAM
WARMADEWA UNIVERSITY
Abstract
Legal certainty is essential for attracting foreign investment and promoting sustainable tourism development. The current legal framework for condotel ownership in Indonesia is not clear, which is a major obstacle to investment in condotels. This paper argues that the reforms to the legal framework for condotel ownership in Indonesia should be designed to increase legal certainty and to make it easier for investors to purchase and sell condotel units.The paper begins by defining legal certainty and discussing its importance in the context of investment and tourism. The paper then goes on to examine the legal framework for condotel ownership in Indonesia. The paper finds that the current legal framework is not clear and that this lack of clarity is a major obstacle to investment in condotels.The paper then discusses the implications of the lack of legal certainty for investors and for the tourism industry. The paper argues that the lack of legal certainty discourages investment and makes it difficult for developers to attract financing. The paper also argues that the lack of legal certainty makes it difficult for investors to sell their condotel units, which can lead to financial losses.The paper concludes by calling for reforms to the legal framework for condotel ownership in Indonesia. The paper argues that the reforms should be designed to increase legal certainty and to make it easier for investors to purchase and sell condotel units.The paper makes a number of important contributions to the literature on legal certainty and tourism investment. The paper provides a clear and concise definition of legal certainty and discusses its importance in the context of investment and tourism. The paper also provides a detailed analysis of the legal framework for condotel ownership in Indonesia. The paper^s findings and recommendations are likely to be of interest to investors, developers, and policymakers in Indonesia.
Keywords: legal certainty, condotel ownership, sustainable tourism, investment
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