Indonesia Conference Directory

Corresponding Author
Mirsa Umiyati

Institutions
Master of Law Program, Universitas Warmadewa

Abstract
Community participation both in policies and management of forest resources can prevent and overcome forest destruction. One of the government policies is to restore local communities as the main role of forestry development through the Social Forestry policy. For the village community, The forest strait is considered a source of water, a source of livelihood, a natural tourist area, and has magical values that are respected by the community. The formulation of the problems to be examined is: how to protect and effectiveness in the management of village forests by Village-Owned Enterprises (BumDesa) and Selat Village. This type of research is mixed legal research. Based on the results of the study it was concluded that the protection of village forests was carried out in a preventive and repressive manner. The effectiveness of BumDesas authority on village forest management has not been effectively implemented in accordance with the Village Forest Rights and Management Work Plan and legislation that applies both state law and customary law. The problem faced by BumDesa as the village forest manager in the process of implementing the utilization and protection of village forests is the unavailability of adequate human and capital resources for the management of all village forest areas.

Keywords
Protection, Social Forestry, Conservation of Village Forests.

Topic
Law in tourism

Link: https://ifory.id/abstract/Y24E8HxrbZPz

Corresponding Author
I Dewa Gede Atmadja

Institutions
Universitas Warmadewa

Abstract
Community participation both in policy and management of forest resources is very important to prevent and overcome forest destruction. As one of the government policies is to restore local communities as the main role of forestry development through Social Forestry policy. According to the village community, the Selat forest is considered as a source of water springs, a source of livelihood, a natural tourist area, and it has spiritual values that are respected by the community. The formulation of the problems in this study are how the legal protection and how the effectiveness of BUMDesa (village-owned business entity) in managing village forests at Selat Village of Buleleng Regency. The type of this research is a mixed legal research. Based on the results of this study it can be concluded that the protection of village forests was carried out preventively and repressively. The effectiveness of BumDesas authority on village forest management has not been effectively implemented in accordance with the Village Forest Rights and Management Work Plan and legislation that applies both state law and customary law. It is caused by the unavailability of adequate human and capital resources for the management of all village forest areas.

Keywords
Protection, Social Forestry, Conservation of Village Forests

Topic
Law in tourism

Link: https://ifory.id/abstract/q9FX76ACR4Md

Corresponding Author
Mirsa Umiyati

Institutions
Magister of Law, Universitas Warmadewa

Abstract
Complete systematic land registration is one of the efforts made by the government for land titling, as well as involving the active participation of the community, especially the holders of land rights to cooperate with the government. This thesis research examines the normalization of conflicts between the arrangement of a Complete Systematic Land Registration (PTSL) with the provisions of the Law above. So the problem in this study can be formulated How is the Complete Systematic Land Registration Arrangement of Communal Land for Investment? What are the legal consequences of implementing the Communal Land Registration Against Investment? This study aims to describe and analyze the arrangement of the Systematic Complete Land Registration (PTSL) program for communal land for investment. The method used in this research uses Normative jurisdiction method which specifically examines conflicting legal norms, this study uses the legal basis for the selection of norms, legal certainty and legal protection. The discussion focused on the Comprehensive Systematic Land Registration Arrangement of communal land for Investments and the legal consequences of the implementation of Communal Land Registration Against Investment. Conclusions form the legal formulation of norms so that there is no conflict to ensure legal certainty and provide legal protection for holders of communal land certificates to invest.

Keywords
Systematic Land Registration, Communal, Investment

Topic
Law in tourism

Link: https://ifory.id/abstract/M4tpZy8Pu7YQ

Corresponding Author
I Dewa Gede Atmadja

Institutions
Universitas Warmadewa

Abstract
Complete systematic land registration is one of the efforts made by the government to certify land that can involve an active participation from the community, especially land rights holders to cooperate with the government. This study examines the normalization of conflicts between the regulatory of a Complete Systematic Land Registration with the provisions of the Law on it. Therefore, the problem in this study can be formulated into How is regulatory of Complete Systematic Land Registration on Communal Land for Investment? What are the legal consequences of implementing the Communal Land Registration on Investment? Thus, this study aims to describe and analyze the regulatory of the Systematic Complete Land Registration program on communal land for investment. The method used in this study is Normative jurisdiction method which specifically examines conflicting legal norms, this study uses the legal basis for the selection of norms, legal certainty and legal protection. The discussion focused on the Systematic Land Registration regulatory on communal land for investment and the legal consequences of implementing Communal Land Registration for Investment. Conclusions form the legal formulation of norms in order to prevent conflicts in ensuring legal certainty and providing legal protection for holders of communal land certificates to invest.

Keywords
Systematic Land Registration, Communal, Investment

Topic
Law in tourism

Link: https://ifory.id/abstract/TZvQcDh9BeXy

Corresponding Author
Kadek Adi Indra Brata

Institutions
Magister of Law, Postgraduate Program, Universitas Warmadewa, Denpasar, Indonesia

Abstract
The control of land rights by foreign countries has no definite arrangement, but in its implementation, many foreign nationals control the land through nominee agreements therefore the problem arises are how legal protection given to Indonesian citizens (foreign citizens) nominally by foreigners and what consequences of criminal law arising for foreigners who use Foreign Citizens (Indonesian Citizens) for land ownership This study uses normative research methods, which is the existence of empty norms in the control of land rights by foreigners. Criminal law protection granted to Indonesian citizens (foreign nationals) nominally by a Foreigner that is direct legal action that can transfer ownership rights to land to foreigners including; sale and purchase; exchange; Rental Rights, and Right to Use. Because Foreign Citizens cannot be subject to Property Rights, with more open opportunities for Foreign Citizens to live in Indonesia due to their duties/jobs and other indirect legal actions can be categorized as acts of legal smuggling including; Master Agreement consisting of Land Ownership Agreement (Land Agreement) and Power of Attorney; Option Agreement; Lease Agreement; Testament Grants; Statement of Heirs. Criminal consequences arising for foreigners who use Foreign Citizens Nominees (Indonesian Citizens) for land ownership, if reviewed from the making of deeds made by Notaries and parties, there is a criminal act of falsifying a letter made by Indonesian Citizens originating from the Agreement Nominees, falsification of authentic certificates violates Article 263 of the Criminal Code; Article 264 of the Criminal Code.

Keywords
Protection; criminal; Foreign nationals; Nominee

Topic
Law in tourism

Link: https://ifory.id/abstract/ZK6pWrkFbnyj

Corresponding Author
Mirsa Umiyati

Institutions
Magister of Law, Universitas Warmadewa

Abstract
The control of land rights by foreign countries has no definite arrangement, but in its implementation many foreign nationals control the land through nominee agreements, so that the problem arises is how is the legal protection given to Indonesian citizens (foreign citizens) nominally by foreigners? and What are the consequences of criminal law arising for foreigners who use Foreign Citizens (WNI) for land ownership ?. This writing uses normative research methods, namely the existence of empty norms in the control of land rights by foreigners. Criminal law protection granted to Indonesian citizens (foreign nationals) nominee by a Foreigner, namely direct legal action that can transfer ownership rights to land to foreigners including; buy and sell ; exchange ; Rental Rights, and Right to Use. Because Foreign Citizens cannot be subject to Property Rights, with more open opportunities for Foreign Citizens to live in Indonesia due to their duties / jobs and other indirect legal actions can be categorized as acts of legal smuggling including; Master Agreement consisting of Land Ownership Agreement (Landa Agreement) and Power of Attorney; Option Agreement; Lease Agreement; Testament Grants; Statement of Heirs. Criminal consequences arising for foreigners who use Foreign Citizens Nominees (WNI) for land ownership, if reviewed from the making of deeds made by Notaries and parties, there is a criminal act of falsifying a letter made by Indonesian Citizens originating from the Agreement Nominees, falsification of authentic certificates violates Article 263 of the Criminal Code; Article 264 of the Criminal Code. The forms of forgery of the letter, according to Soesilo, were carried out by giving false information in the making of Notary deeds as if making a truth of the incident. the purpose of avoiding a certain condition or consequence that is desired or to realize or create a desired legal effect.

Keywords
Protection; criminal; Foreign nationals; Nominee

Topic
Law in tourism

Link: https://ifory.id/abstract/pvNYdXK6hJ7P

Corresponding Author
Kadek Adi Indra Brata

Institutions
Program Magister Ilmu Hukum, Universitas Warmadewa Denpasar

Abstract
A new e-commerce is clearly and specifically regulated on March 11, 2014 by enacting Law Number 7 of 2014 concerning Trade. Previously, e-commerce rules only relied on Electronic Information and Transaction information or ITE Law and Civil Code in its implementation. But after Law No. 7 of 2014 concerning Trade is being ratified by the government, thus the principle of Lex specialis derogat legi applies to the law which regulates specifically regarding e-commerce. This study aims to describe the implementation of E-commerce law based on Law Number 19 of 2016 concerning Electronic Information and Transactions and to identify the impacts of criminal settlement in a missing returned product transaction in tourism industry perspective between PT. Fashion Marketplace Indonesia and PT. Volcom Indonesia. The models approach to data in this study consists of an observation approach or observation in the field, a statutory approach and an analytical approach. The data are analyzed by using inductive method. From this study found that in its implementation, E-commerce experiences problems, especially those related to contracts, consumer protection, protection of business actors, tax jurisdiction and digital signatures. The solution to the problem of missing return product has been in an effort to take a non-ligative solution to prevent a wider impact, especially in the world of tourism. But it is also possible to take the ligitation settlement, because law enforcement has a great influence, on the security situation and the state-s image in ensuring a sense of security for tourists and maintaining public trust in the tourism sector. Therefore, solving e-commerce problems should take non-ligitation methods, or Alternative Dispute Resolution, so as to maintain public trust, especially consumers. The state, in this case the government as the state organizer, should form a special institution that can carry mediation settlement if there are cases in E-Commerce transactions. This is important to maintain the image of state security, which has a big influence in the world of tourism.

Keywords
E-Commerce, missing return product, tourism

Topic
Law in tourism

Link: https://ifory.id/abstract/cj6W4pbHMqym

Corresponding Author
Mirsa Umiyati

Institutions
Magister of Law, Universitas Warmadewa

Abstract
New e-commerce is clearly and specifically regulated on March 11, 2014 with the enactment of Law Number 7 of 2014 concerning Trade. Previously, e-commerce rules only relied on the ITE Law and the Civil Code in its implementation. But after Law No. 7 of 2014 concerning Trade is ratified by the government, so the principle of Lex specialis deregat legi applies to the law which regulates specifically regarding e-commerce. In its implementation, E-commerce experiences problems, especially those related to contracts, consumer protection, protection of business actors, tax jurisdiction and digital signatures. The solution to the problem of missing return product has been in an effort to take a non-ligative solution to prevent a wider impact, especially in the world of tourism. But it is also possible to take the ligitation route, because law enforcement has a great influence, on the security situation and the countrys image in ensuring a sense of security for tourists and maintaining public trust in the tourism sector. Therefore, solving e-commerce problems should take non-ligitation methods, or Alternative Dispute Resolution, so as to maintain public trust, especially consumers. The state, in this case the government as the state organizer, should form a special institution that can mediate settlement, if there are cases in E-Commerce transactions. This is important to be able to maintain the image of state security, which has a big influence in the world of tourism.

Keywords
E-Commerce, missing return product, tourism

Topic
Law in tourism

Link: https://ifory.id/abstract/2pWTyMDVUqeg

Corresponding Author
I Dewa Gede Atmadja

Institutions
Universitas Warmadewa

Abstract
There is a difference between the Regional Regulation of Badung Regency Spatial Plan and Badung Regency Green Path Regional Regulation concerning the establishment of green path areas in Badung Regency. In this study two issues were discussed, those are the effectiveness of the regulation regarding the path area in Badung Regency and the effort of Badung Regency government in upholding the green path area in Badung Regency?. This type of research is empirical legal research because there are gaps between das sollen and das sein. The approach used is the fact approach, legislative approach, case approach. In conclusion, The effectiveness of the regulation regarding the green path area in Badung Regency of Badung Regency Government is not yet effective. Due to the establishment of illegal buildings along the green open space area in Badung Regency and not in accordance with Badung District Regulation Number 26 of 2013 concerning Badung Regency Spatial Plan for 2013-2033 (Regional Regulation of Badung Regency Spatial Plan). The efforts of Badung Regency government in upholding the green path area in Badung Regency are by implementing legal, administrative systems that include interactions between various law enforcement officers who are sub-judicial systems in the form of administrative actions and enforcement of Green Path Regions.

Keywords
Effectiveness, Arrangement, Green Path, Badung Regency

Topic
Law in tourism

Link: https://ifory.id/abstract/nRtwWHQkpNVa

Corresponding Author
I Dewa Gede Atmadja

Institutions
Universitas Warmadewa

Abstract
Community prosperity is the aim of the State. To strive with the utmost effort to advance the economy of the community is one of the ways to bring investors to open their businesses in Indonesia. The presence of foreign and national investors, besides being proven to make the community more prosperous, turned out to create new legal problems in the field. This study addressed two problems 1) how to regulate norms in the formation of Regional regulation of Bali number 1 of 2016? and 2) how the procedure of formation of regional regulation of Bali number 1 of 2016 on investment climate? This type of study is the normative legal study because there are indications of the occurrence of norm conflict especially there is no indication of inconsistencies between article 1 number 7 Regional Regulation of Bali number 1 of 2016 about Granting incentives and/or facilities to the community and/or Investor with article 1 number 4 of law number 25 of 2007 about investment. The approach of this study problem is about getting legal material through literature review. The relevant ones are reviewed in depth, then supporting literature is also analyzed so that the required legal material becomes valid. The problem that is estimated to be an obstacle to the investor to come is regulation uncertainty that often overlaps between regulations from the central government and regulations made in the regions in the form of regulations and implementing regulations.

Keywords
policy, formation of regional regulations, investment climate

Topic
Law in tourism

Link: https://ifory.id/abstract/LYmgAb3fMu8y

Corresponding Author
Luh Putu Sudini

Institutions
Magister of Notary, Universitas Warmadewa

Abstract
Tourism is a dynamic activity that involves many people and enlivens various fields of business. Article 1 number (3) of Law No. 10 of 2009 concerning Tourism, Tourism is: "various kinds of tourism activities and supported by various facilities and services provided by the community, entrepreneurs, and government". Bali as one of the provinces in Indonesia, with the majority of the population adhering to the Hindu Dharma Religion along with Customs and Culture, has a variety of objects and potential tourist attractions to be visited by tourists. Problem Formulation: 1) What is the impact of tourism on the physical environment in Bali Province? And 2) What are the efforts made on the physical environment to avoid the negative impacts of tourism in the Province of Bali?.The research method used is the normative legal research method.Tourism in the Province of Bali, is a series of activities carried out by tourists who directly touch and involve the community, thus bringing various impacts on the local community and also on the environment, primarily the physical environment.Bali has a physical environment in the form of natural environment (flora and fauna; natural landscape; and natural phenomena) and an artificial environment (cultural sites, rural areas and historical heritage).The impact of tourism on the physical environment in the Province of Bali, namely: beneficial / positive: Water, Air, Beach, Mountains, Animal life, historical, cultural and religious sites, as well as urban and rural areas. While the impacts that are detrimental / negative namely: water pollution can occur water; air can occur air pollution, noise and public health problems; the beach can damage the coastal environment, coastal erosion occurs; mountains can occur landslides, soil erosion; animal life disturbs animal reproduction, animal migration occurs; historical, cultural and religious sites occur in tourist densities; tourism commercialization; and urban and rural areas occur pressure on land, changes in the function of residential land into commercial land, traffic jams and noise pollution, air pollution, and aesthetic pollution. Meanwhile, efforts made to the physical environment in order to avoid the negative impact of tourism in the Province of Bali, which can be pursued through the application of visitor management.

Keywords
Impact; Tourism; and physical environment.

Topic
Law in tourism

Link: https://ifory.id/abstract/dtxAkZMWgpea

Corresponding Author
I Dewa Gede Atmadja

Institutions
Universitas Warmadewa

Abstract
This study aims to identify the determinants of cooperation in Denpasar. Financial performance in this study is influenced by funding decisions and organizational culture. Culture that develops and is applied to organizations or companies can influence decisions taken by management or company owners related to the use of external funding sources that can affect financial performance. The respondents of this study were 58 cooperative managers in Denpasar. Data analysis was performed using PLS (partial least square). The results indicate that: organizational culture has a positive and not significant influence on funding decisions, organizational culture has a positive and significant influence on financial performance and funding decisions have a negative and significant influence on financial performance. This study are expected to provide an understanding of how funding decisions is reflected in the amount of third party funds (savings and deposits), meaning that the increasing number of third party funds will increase the value of cooperatives, if cooperative funds increase, cooperatives will easily increase lending to the community, increasing deposit rates, so that cooperatives in Denpasar city will grow rapidly.

Keywords
Menyama Braya, Decision of Funding, Financial Performance

Topic
Law in tourism

Link: https://ifory.id/abstract/YGDcBx7hMnfA

Corresponding Author
I Dewa Gede Atmadja

Institutions
Universitas Warmadewa

Abstract
Employee performance in regional apparatus organizations refers to employee work performance or work appraisal or what is referred to as Employee Work Target (SKP) which consists of work contracts, measurement and assessment of work performance measured based on the achievement of activities in accordance with job descriptions in a given period. This research was conducted at the Regional Financial and Asset Management Agency (BPKAD) of Karangasem Regency. The phenomenon that occurs is the lack of maximum performance of employees at the BPKAD Karangasem Regency. The type of research used is explanatory research. The population of this study was Civil Servants with a sample of 86 civil servants. The technique of collecting data using observation, interviews, and questionnaires. The analytical tool used in this study is PLS (Partial Least Square). The results of this study indicate that competence has a positive and significant effect on motivation, work environment has a positive and significant effect on motivation, competence does not affect performance, work environment has a positive and significant effect on performance, motivation has a positive and significant effect on performance, motivation is a perfect mediation of influence competence for performance and motivation is a partial mediation of the influence of the work environment on performance.

Keywords
Competence, Work Environment, Motivation and Performance

Topic
Law in tourism

Link: https://ifory.id/abstract/mUEDcAVnG6Wv

Corresponding Author
Mirsa Umiyati

Institutions
Magister of Law, Universitas Warmadewa

Abstract
Community welfare is the goal of the State, to strive with the utmost effort to advance the economy of the community with one of the ways to bring in investors to open businesses in Indonesia. The presence of both foreign and national investors, besides being proven to make the community more prosperous, turned out to create new legal problems in the field. In this study addressed two issues namely how to Setting Norms in the formation of Regulatory Region of Bali No. 1 Year 2016? and how the procedure of establishment of applicable local Bali No. 1 Year 2016 Against investment climate? This type of research is the normative legal research because there are indications of the occurrence of konfilk the norm especially no indication of inconsistencies Between Article 1 point 7 Regulation Areas of Bali No. 1 Year 2016 About Granting incentives and/or ease To the community and/or Investor with article 1 point 4 Act No. 25-year 2007 about Investing. The approach to the problem of this research is more about getting legal material through literature review. the relevant ones are reviewed in depth, then supporting literature is also analyzed so that the required legal material becomes valid. The problem that is suspected to be an obstacle to the entry of investors is, regulatory uncertainty that often overlaps between regulations from the central government and regulations made in the regions in the form of regulations and implementing regulations.

Keywords
policy, establishment of local regulations, investment climate

Topic
Law in tourism

Link: https://ifory.id/abstract/dZBhVPuvq34G

Corresponding Author
I Dewa Gede Atmadja

Institutions
Universitas Warmadewa

Abstract
One of the effects of globalization is the development of an increasingly complex investment scope such as the emergence of certain Foreign Investors who have and manage companies in Indonesia. This has obscured the provisions regarding guarantors for their existence in Indonesian as stipulated in Law No. 6 of 2011 concerning Immigration. The Law on Limited Liability Companies and Investment Law does not provide a regulation regarding the obligation of the existence of Indonesian Citizens in the management of companies established by foreigners who have been guarantors. The formulation of the problem (1) how is the legal certainty of the guarantor for the existence of foreign investors in Indonesia and (2) who can be the guarantor for the existence of the foreign investor in obtaining a residence permit in Indonesia. This type of study is normative legal study because of the absence of norms, referring to Article 63 paragraph (1) of Law Number 6 of 2011 concerning Immigration. Based on the results of the study concluded that there has been a vacuum of norms regarding guarantors for certain foreign investors in obtaining guarantors that guarantee their existence in Indonesia. This causes legal uncertainty for the guarantor and the investor in obtaining a residence permit. Therefore it is necessary to deregulate existing laws and regulations thus the guarantor and investors get legal certainty and protection when they are in Indonesia

Keywords
Foreign Investors, Guarantor, Stay Permit

Topic
Law in tourism

Link: https://ifory.id/abstract/3dHNA6YXLent

Corresponding Author
Mirsa Umiyati

Institutions
Magister of Law, Universitas Warmadewa

Abstract
Green Open Space (RTH) is essentially an element of urban space that has an important role on par with other elements of the city. The importance of the function (RTH) made the government set a rule in the spatial planning law which states that every city must have (RTH) a minimum of 30 percent of its city area which consists of 10 percent private RTH namely privately owned RTH and 20 percent of public green space owned by the general public and managed by the government, in accordance with the contents of Article 29 paragraph (2) of Law Number 26 of 2007 concerning Spatial Planning. In addition, the general technical guidelines for the implementation of spatial planning have also been regulated in Government Regulation Number 15 of 2010 concerning the Implementation of Spatial Planning and also in Minister of Public Works Regulation Number 05 / PRT / M / 2008 concerning Guidelines for Provision of Green Open Space in Urban Areas, with hope of achieving a balance of human life patterns in it. The problems studied are the form of legal protection for residents whose land is affected by Green Open Space Areas in the cities of northern Denpasar and East Denpasar and Are there economic rights granted by the Denpasar City Government to residents whose land is affected by the Green Open Space Area. The approach to the problem used in this study is the approach to the type of emperical legal research also referred to as a type of sociological legal research. In addition, other experts refer to the type of emperical research as a type of qualitative research. In connection with this research, the researchers actually intend to know, understand the legal behavior of local communities that are related to the management of regulatory management regarding green open Nomor 27 of 2011 Kota Denpasar of 2011-2031, zones in the city of Denpasar.

Keywords
Arrangement, Green Open Space, Denpasar City

Topic
Law in tourism

Link: https://ifory.id/abstract/7htZCePmraHn

Corresponding Author
I Dewa Gede Atmadja

Institutions
Universitas Warmadewa

Abstract
Green Open Space (GOP) is essentially one of the elements of urban space that has the same important role with other elements of the city. The importance of Green Open Space function made the government set a rule in the spatial planning law which states that every city must have Green Open House, a minimum of 30 percent of its city area that consists of 10 percent private Green Open Space which is privately owned GOS and 20 percent of public green space owned by the general public and managed by the government, in accordance with the content of Article 29 paragraph (2) of Law Number 26 of 2007 concerning Spatial Planning. This study aims to find out and to figure out the form of legal protection for citizens whose land is exposed to Green Open Space Areas in Denpasar city and the economic rights granted by Denpasar City Government to the citizens whose land is exposed to the Green Open Space Area. This study is analyzed qualitatively. The empirical legal research or called as sociological legal research is used as the approach of this study. Thus the result of the study showed that there is no form of legal protection provided to people whose lands are exposed to green open space. All forms of people-s rights and obligations should be given to the land exposed to the green open space. In this case, what is meant is compensation money in a reasonable amount because people have felt disadvantaged with the green open space policy by the Denpasar City Government.

Keywords
Arrangement, Green Open Space, Denpasar City

Topic
Law in tourism

Link: https://ifory.id/abstract/RtQzwukaEmbN

Corresponding Author
Mirsa Umiyati

Institutions
Magister of Law, Universitas Warmadewa

Abstract
Consumer protection is an integral part of fair business activities. In fair business activities there is a balance of legal protection between consumers and producers. The dearth of balanced protection will lead the consumers to be in a weak position. Losses experienced by the consumers can arise as a result of the relationship of law agreements between producers and consumers, as well as a result of unlawful acts committed by the producers. In this study there are two problems examined, namely: what are the forms of legal protection for consumers from misleading information on goods and / or services in the Decision Number 391/Pid.B/2016/PN.Dps and what are criminal liabilities of business actors for the misleading information on goods and / or services in terms of the provisions of Law Number 8 of 1999 concerning Consumer Protection in Decision Number 391/Pid.B/2016/PN.Dps? This type of research belongs to empirical legal research because the issues exploration is based on the condition that there are gaps between das sollen -expectation- and das sein -reality-. The approaches used are case approach, statute approach, and empirical approach. Legal protection for the consumers from misleading information regarding goods and / or services is regulated through legislation, namely Law Number 8 of 1999 concerning Consumer Protection, especially in the articles governing advertising in the Consumer Protection Act (or UUPK), among others: Article 9, Article 10, Article 12, Article 13, Article 17, and Article 20. Thus, the rights and interests that have been regulated are given protection and legal certainty for consumers. Criminal liabilities of business actors against the misleading information about goods and / or services when viewed from Law Number 8 of 1999 concerning Consumer Protection are adjusted to the form of criminal liability that can be borne by the business actors and / or their administrators on the condition that the offense commited can be proven. The criminal threat to the business actor or its management is explained in Article 62 paragraph (1). In addition to criminal liability, the decision Number 391/Pid.B/2016/PN.Dps against Defendant I KETUT SURANATA is proven, legally and convincingly, guilty of committing a crime by intentionally circulating information on pharmaceuticals that do not have marketing licenses, and the panel of judges of the Denpasar District Court sentenced the the said Defendant with imprisonment for 6 months.

Keywords
Legal Protection, Goods and/or Services, Misleading Information

Topic
Law in tourism

Link: https://ifory.id/abstract/7r6aQLJveKkF

Corresponding Author
I Dewa Gede Atmadja

Institutions
Universitas Warmadewa

Abstract
The study examines two issues: (1) the forms of legal protection for consumers from misleading information on goods and/or services in the Decision Number 391/Pid.B/2016/PN.Dps and (2) criminal liabilities of business actors for the misleading information on goods and/or services in terms of the provisions of Law Number 8 of 1999 concerning Consumer Protection in Decision Number 391/Pid.B/2016/PN.Dps The study makes use of empirical legal design and the issues are explored based on the condition of gaps between das sollen -expectation- and das sein -reality-. The approaches used are case approach, statute approach, and empirical approach. Legal protection for the consumers from misleading information regarding goods and/or services is stipulated through legislation that is Law Number 8 of 1999 concerning Consumer Protection, especially in the articles governing advertising in the Consumer Protection Act, those are Article 9, Article 10, Article 12, Article 13, Article 17, and Article 20. Thus, the rights and interests that have been stipulated are given protection and legal certainty for consumers. Criminal liabilities of business actors against the misleading information about goods and/or services when viewed from Law Number 8 of 1999 concerning Consumer Protection are adjusted to the form of criminal liability that can be borne by the business actors and/or their administrators on the condition that the offense committed can be proven.

Keywords
Legal Protection, Goods and/or Services, Misleading Information

Topic
Law in tourism

Link: https://ifory.id/abstract/UBW7jEJRharv

Corresponding Author
Mirsa Umiyati

Institutions
Magister of Law, Universitas Warmadewa

Abstract
The tourism sector is a leading sector and provides many benefits for the community, especially to the Balinese. The Tourism Sector which is supported by cultural elements of the Balinese people is a strong attraction for tourists to visit Bali. The high number of tourists has caused the tourism sector to have a strong attraction for investors to invest in Bali, including in Karangasem Regency. The high tourist attraction causes investment protection to be a very important thing to do. In increasing protection against investment in Karangasem Regency, local governments have implemented arrangements that are in accordance with international and national legal frameworks. As for its implementation in Karangasem Regency, it still has various obstacles, but the Karangasem Regency government has carried out various strategies in overcoming these obstacles. In addition, the role of local communities is also very influential in encouraging increased foreign investment and providing protection for the development of businesses carried out by foreign investors.

Keywords
Legal Protection, Investment, Tourism

Topic
Law in tourism

Link: https://ifory.id/abstract/HMw2tjurRW3P

Corresponding Author
Kadek Adi Indra Brata

Institutions
Law in Magister, Universitas Warmadewa

Abstract
A tourism sector is a leading sector that provides many benefits for the community, especially to the Balinese. The Tourism Sector which is supported by cultural elements of the Balinese is a strong attraction for tourists to visit Bali. The high number of tourists has caused the tourism sector to have a strong attraction for investors to invest in Bali, including in Karangasem Regency. The high tourist attraction causes investment protection to be a very important thing to do. In increasing protection for investment in Karangasem Regency, local governments have implemented regulation that are in accordance with international and national legal frameworks. As for its implementation in Karangasem Regency, it still has various obstacles, but the Karangasem Regency government has carried out various strategies in overcoming these obstacles. In addition, the role of local communities is also very influential in encouraging the increased of foreign investment and providing protection for businesses development carried out by foreign investors.

Keywords
Legal Protection, Foreign Investors, Investment, Tourism Sector

Topic
Law in tourism

Link: https://ifory.id/abstract/kAcyjdCBaEzn

Corresponding Author
Kadek Adi Indra Brata

Institutions
Magister of Law, Postgraduate Program, Universitas Warmadewa

Abstract
In Indonesia, every year always build a prison with very expensive costs. Legally and economically, this is desperate, because it is indicative of the failure of legal work in the community and the cost incurred by the state every day reaches three billion rupiahs to guarantee the life of prisoners in prison. A fantastic amount because it is used to look after criminals. Empirical data shows, many criminals will be worse after have ever been in prison. For this reason, there is a big idea to resolve legal issues in the community, is through customary law, because historically the traditional solution is the personality of the nation and more guarantees a sense of justice, aside to meet the principles of litigation fast, cheap, and transparent. This study intends to identify the types of cases that can be resolved by custom in the community? and to discover the best way to implement the procedural law of customary justice in order that a sense of justice for the community is realized? Empirical legal research is the type of research that will be used. Theories used to analyze the issues are social engineering theory and legal system theory. The results of the study indicate that mediation is very deserved to done through custom law to resolve the problem in community. Regarding the procedural law of customary justice, all kinds of problems are resolved by deliberation to reach consensus through mediation guided by the chief of the tribal council.

Keywords
prisoners, mediation, customary criminal law, customary law

Topic
Law in tourism

Link: https://ifory.id/abstract/9a4PKAyfqw7g

Corresponding Author
Mirsa Umiyati

Institutions
Magister of Law, Universitas Warmadewa

Abstract
The phenomenon of the large number of prisons in Indonesia filled with prisoners often causes various types of problems, including, the distribution of drugs in prison, the escape of prisoners from prison, riots that cause lives and property in vain in very large amounts. In Indonesia, every year always build a prison with very expensive costs. Legally and economically, this is very worrying, because it is indicative of the failure of legal work in the community and the cost incurred by the state every day reaches three billion rupiah to guarantee the life of convicts in prison. A fantastic amount because it is used to look after criminals. Empty data shows, many criminals will be more evil after ever going to prison. For this reason, there is a big idea to resolve legal issues in the community as a custom, because historically the traditional solution is the personality of the nation and more guarantees a sense of justice, in addition to meeting the principles of litigation fast, cheap, and transparent. This study intends to answer the problem, namely: (1). What types of cases can be resolved by custom in the community? (2). How is the law on adat court procedures carried out in order to fulfill the communitys sense of justice? This type of research that will be used in this study is the type of legal legal research. Theories used to analyze problems are social engineering theory, and legal system theory. The conclusion of the research is that it is indeed very feasible to carry out mediation by customary law in order to solve legal problems that occur in the community. Regarding customary procedural law, all kinds of problems are resolved by deliberation to reach consensus through mediation guided by the customary head.

Keywords
criminal convicts, mediation, customary law, customary law

Topic
Law in tourism

Link: https://ifory.id/abstract/Epvyda4qbjNz

Corresponding Author
Ni Luh Made Mahendrawati

Institutions
Warmadewa University

Abstract
The development of an area to become a tourism destination inevitably involves many cooperating parties and a systematic and integrated regulation with other sectors. In order to create an orderliness there is a need for a business legal approach to be involved so that tourism activities do not bring about unendurable negative impacts. One of the negative impacts in question is the occurrence of unfair business competition, especially between small business actors in tourism destinations. Thus, there is a need of regulatory model for structuring small businesses in the tourist destination. Hence, in the present study we made use of normative study design to explore the regulatory model for structuring small businesses from a juridical, sociological and philosophical perspective. We dealt with discovering an alternative model that is best used in regulating the appropriate structuring of small business so that fair business competition does occur. Access to economic resources in the tourism sector can be obtained fairly by all entrepreneurs both of micro and macro levels.

Keywords
Regulatory, Small Business, Tourism Destinations

Topic
Law in tourism

Link: https://ifory.id/abstract/CQ6cHeNarThz

Corresponding Author
Mirsa Umiyati

Institutions
Magister of Law, Universitas Warmadewa

Abstract
Travel Agencies often hold various forms of tour packages to attract tourists who will come to a tourist area. These packages include hotel accommodation services, restaurants, and various other forms of tourism businesses. However, the existence of tour packages offered by these Travel Agencies is often not supported by a factor of tourist safety protection, which is clear The formulation of the problem in the study is: What is the responsibility of a travel agency for consumers of service users who suffer losses in service? What is the procedure to get compensation for service users if they experience a loss? The research method uses normative research methods, namely research carried out by examining library materials or primary legal material and secondary legal material. The results of the study show that the responsibility of travel agents for consumers of service users who experience losses in service is by paying attention to the principles of legal protection against consumers, it is the obligation of business operators to replace losses experienced by consumers who in this case are tourists . Where travel agents are responsible for the safety of tourists who travel based on the tour packages they sell so that if there is a loss on the part of the service users due to errors or negligence of the company then it must be compensated as the principles of accountability stipulated in the Law on Consumer Protection . Procedure for obtaining compensation for service users if they experience losses through several stages, namely: The first stage, namely the heirs of the victims of the accident contact the police to then apply for compensation. The second stage is the victim and the heirs of the victim fill out a letter of compensation for the accident provided free of charge by P.T. Jasa Raharja (Persero). To get compensation, the victim or the heirs of the victim must meet the requirements requested by P.T. Jasa Raharja (Persero).

Keywords
Responsibility, Travel Agency, Loss, Service Users

Topic
Law in tourism

Link: https://ifory.id/abstract/49rHwZqRteYa

Corresponding Author
I Dewa Gede Atmadja

Institutions
Universitas Warmadewa

Abstract
Travel Agent often held various forms of tour packages to attract tourists who will come to a tourist area. These packages include hotel accommodation services, restaurant, and various other forms of tourism businesses. However, the existence of tour packages offered by this Travel Agent is often not supported by a factor of tourist safety protection, which is clear. This study aims to find out the responsibility of a travel agent for consumers of service users who suffer losses in service and to find out the procedure to get compensation for service users if they suffer losses. The research method used normative research method, which is this research carried out by examining library material or primary legal material and secondary legal material. The results of the study show that the responsibility of travel agent for consumers of service users who suffer losses in service is by paying attention to the principles of legal protection for consumers, which is the obligation of business operators to replace the losses suffered by consumers whose in this case are tourists. The procedure to obtain compensation for services users if they suffered losses through several stages, those are the first stage that is the heirs of the victims of the accident contact the police to then apply for compensation. The second stage is the victim and the heirs of the victim fill out a letter of compensation for the accident provided free of charge by P.T. Jasa Raharja (Persero). To get compensation, the victim or the heirs of the victim must fulfil the requirements requested by P.T. Jasa Raharja (Persero).

Keywords
Responsibility, Travel Agent, Losses, Service Users

Topic
Law in tourism

Link: https://ifory.id/abstract/VHtLc6ZeFMBK

Corresponding Author
I Dewa Gede Atmadja

Institutions
UNIVERSITAS WARMADEWA

Abstract
This study is motivated by the criminal cases settlement with a restorative justice approach that offers a different approach and viewpoint in comprehending and criminal acts settlement. Labor law in a tourism sector with the form of restorative justice is increasingly developing in criminal law, especially those relating to the settlement of criminal acts in employment in the tourism sector. The issues highlighted through this study are (1) what are the characteristics of restorative justice in law enforcement system in Indonesia? (2) How is restorative justice implemented in criminal acts settlement in the tourism sector? The objective of the study is to uncover the basis of Restorative Justice enforcement in criminal cases settlement that occur in labor of tourism sector. The theories used are Restorative Justice Theory, Justice Theory, and Legal Certainty Theory. This study is designed by employing normative law research method, which is supported by the legislative approach and conceptual approach. The core discussion is divided into two. The first, describing the characteristics of restorative justice in law enforcement system in Indonesia and, second, presenting the information about the system applying restorative justice enforcement in the settlement of criminal acts in the tourism sector. The conclusions are the restorative justice in law enforcement system in Indonesia has the character that upholds the harmonization of relations between the perpetrators and victims, between the perpetrators, the families of the victims, and the families of the perpetrators. The justice of restorative justice in the criminal acts in the tourism sector is implemented by providing a sense of peace in the legal settlement process, and guaranteeing the restoration of assets (losses) experienced by victims of criminal acts in the tourism sector.

Keywords
Restorative Justice, Justice and Legal Certainty

Topic
Law in tourism

Link: https://ifory.id/abstract/udTrJPeRUzbY

Corresponding Author
Mirsa Umiyati

Institutions
Universitas Warmadewa

Abstract
This study is motivated by the handling of criminal cases with a restorative justice approach that offers different approach and standpoint in comprehending and handling criminal acts. Labor law in the tourism sector with the form of restorative justice is increasingly developing in criminal law, especially those relating to the handling of criminal acts in employment in the tourism sector. The issues highlighted through this study are (1) what are the characteristics of restorative justice in the law enforcement system in Indonesia? (2) How is the restorative justice applied in resolving criminal acts in the tourism sector? The ojective of the study is to uncover the basis of the application of the Restorative Justice in handling criminal cases that occur in labor in the tourism sector. The theories used are Restorative Justice Theory, Justice Theory, and Legal Certainty Theory. This study is designed by employing normative law research method, which are supported by legislative approach and conceptual approach. The core discussion is divided into two. The first is to describe the characteristics of restorative justice in the law enforcement system in Indonesia and, second, to present the information about the system applying restorative justice application in handling the criminal acts in the tourism sector. The conclusion is the restorative justice in the law enforcement system in Indonesia has the character that upholds the harmonization of relations between the perpetrators and victims, between the perpetrators, the families of the victims, and the families of the perpetrators. The justice of restorative justice in the criminal acts in the tourism sector is applied by providing a sense of peace in the process of legal settlement, and guaranteeing the restoration of assets (losses) experienced by victims of criminal acts in the tourism sector.

Keywords
Restorative Justice, Justice and Legal Certainty.

Topic
Law in tourism

Link: https://ifory.id/abstract/dThqfVFxQB79

Corresponding Author
Simon Nahak

Institutions
Warmadewa University

Abstract
This study focuses on how the form of Legal Protection for Foreign Investor in Ecotourism in Bali and how the legal consequences of actions against the law for foreign investors doing business in ecotourism in Bali. This study used Normative Juridical method with Empirical Juridical collaboration because normatively there are legal provisions in providing legal protection, because in reality there are some cases that contradict and against the law. The aim is to provide legal protection for Foreign Investors in Ecotourism in Bali. The result show that the form of legal protection is legal protection according to Customary law, Positive Law; Civil Code, Administration, Criminal and the legal consequences of perpetrators of unlawful acts on Foreign Investors- assets in the Ecotourism field are the result of being legally accountable for every person /legal entity that commits unlawful acts that must be punished. Conclusions that foreign investors- business in the ecotourism field are given a form of legal protection in accordance with Bali Customary Law, Written Law, namely Civil Law, State Administration and Criminal Law. Legal consequences caused by perpetrators of unlawful acts are detrimental to foreign investors in the ecotourism sector so that perpetrators must be held accountable for legal actions, it is recommended that crime in any form should be avoided and if it occurs must be addressed both through mediation and through legal eradication.

Keywords
Ecotourism, foreign investor, law, legal protection

Topic
Law in tourism

Link: https://ifory.id/abstract/xkVFzmnKh4rt

Corresponding Author
I Dewa Gede Atmadja

Institutions
Universitas Warmadewa

Abstract
Many legal, social, cultural, and religious implications arise from each marriage that takes place. This is a legal consequence of the receipt of various kinds of customary customs that originate from the religious law adopted by the local community. This study aimed to find out the status of men who convert in the Balinese Customary law system? and to find out the status of men who convert to the original family after divorce in the village of Anturan, Buleleng Regency? The type of research used in this study is empirical legal research. The types of approaches used in this study are legal approaches (statute approach), conceptual approaches, case approach and historical approach. Sources of legal material used are primary and secondary legal materials, by recording and documents and analyzed descriptively. In conclusion, factors that cause a person to convert religion are 1) Confidence factors, 2) Environmental factors, 3) Factors of poverty, 4) Family factors, 5) Factors of community leaders, 6) Political and war factors, 7) Factors already falling love. The status of a man who has converted his religion, then divorced legally is, will return to remain as an heir with all the rights and obligations attached. But will get inheritance with the consequence of carrying out obligations or swadrama and obtaining rights referred to as swadikara. Because the status has been returned to the family, the rights and obligations in the community, especially in the village of Pakraman can be accepted as village, officials or community members.

Keywords
Status of man, conversion, divorce, family origin.

Topic
Law in tourism

Link: https://ifory.id/abstract/8wyzjMCBbtWv