Proceeding International Conference Faculty of Law https://e-journal.unmas.ac.id/index.php/icfl <p>Proceedings of the International Confrence of the Faculty of Law, Mahasaraswati Denpasar University is a Proceeding that contains the results of international legal research which was presented in an international seminar of the Faculty of Law, Mahasaraswati Denpasar University which was discussed in accordance with the theme of the latest legal issues in society, packaged through the critical thinking of writers who were directly involved in the field of law. law. This proceeding is published once a year, and is published by the Faculty of Law, Mahasaraswati University, Denpasar.</p> en-US [email protected] (I Wayan Wahyu Wira Udytama) [email protected] (Program Studi Ilmu Hukum Unmas Denpasar) Tue, 11 Jan 2022 00:00:00 +0800 OJS 3.3.0.10 http://blogs.law.harvard.edu/tech/rss 60 QUALITY ANALYSIS & DEVELOPMENT OF SUSTAINABLE TOURISM MEDIA, PRODUCTS & LEGAL https://e-journal.unmas.ac.id/index.php/icfl/article/view/4746 <p>Government intervention in tourism development can be done by implementing several policy instruments that can be used to control and provide incentives in developing sustainable tourism, such as; land use regulations, limiting tourist access to areas prone to damage, protecting local culture, directing environmentally friendly tourist behavior, limiting the use of energy, saving scarce natural resources, reducing pollution and providing incentives for infrastructure development which is also beneficial for the community. hosts such as transportation systems, protection of city green spaces and national parks in improving and improving the travel segment of the destination that has been set. The development of tourism destinations requires good and appropriate planning techniques. Development techniques must incorporate several aspects that support tourism success. These aspects are aspects of accessibility (transportation and marketing channels), characteristics of tourism infrastructure, level of social interaction, linkages/compatibility with other sectors, resilience to tourism impacts, local community resistance levels, and so on. The principles of natural area design are the basics of structuring the area, including aspects that need to be considered and components of structuring the area.</p> Michael Strobel Copyright (c) 2021 fakultas hukum unmas denpasar https://e-journal.unmas.ac.id/index.php/icfl/article/view/4746 Fri, 29 Jul 2022 00:00:00 +0800 Global Investment Policy Issues During The Covid-19 Pandemic And Policy Employment On Investment https://e-journal.unmas.ac.id/index.php/icfl/article/view/4747 <p>The important role of significant investment in developing the country's economy, it is not surprising that in various countries, especially in the last period, both developed and developing countries are trying their best so that their country can be used as a destination for investment. On the other hand, investors who want to invest their capital in the era of global market openness become their own opportunity to invest in various countries. The goal is of course profit, while the recipient country hopes that there will be participation from investors in its national development. The emergence of an industry on a fairly large standard or an industrial benchmark that still doesn't appear to be an impact, such as the impact on society, in supporting the economy, and the culture of the community in the area of an industry, there are several economic impacts that arise after the existence of a company, such as increasing business community, more jobs. even though there are companies that are quite important in the economic growth that exist in our society today. The recent covid-19 outbreak is a very big problem for the whole world because of a growing problem. There are so many difficulties because of the covid-19, like our current economy is one of the impacts and is experiencing a decline, existing economic development even though the goal is to achieve prosperity and community welfare because of the economy that is quite up and what is produced is parallel. So this is a problem because of the crisis that started with the value of sales rising because of the urgency, because of the spread of the crisis to the people.</p> LION Dr. NISHI KANT Copyright (c) 2022 fakultas hukum unmas denpasar https://e-journal.unmas.ac.id/index.php/icfl/article/view/4747 Fri, 29 Jul 2022 00:00:00 +0800 DEVELOPMENT OF TOURISM POTENTIAL OF DENPASAR CITY https://e-journal.unmas.ac.id/index.php/icfl/article/view/4748 <p>Bali is an island with unique characteristics and full of strong local wisdom culture, so it has its own charm as a tourism object. Every tourist who attends will have a different impression, both on culture, nature, and the creative power of the people. Not a few tourists are thinking of returning to Bali again. As one of the provinces in Indonesia, Bali is also one of the islands in the Nusa Tenggara Archipelago. At the beginning of Indonesia's independence, this island was included in the Lesser Sunda Province with Singaraja as its capital, and is now divided into 3 provinces, namely Bali, West Nusa Tenggara and East Nusa Tenggara. In 2020, the population of the province of Bali amounted to 4,317,404 people, with a density of 747 people/km2. Besides consisting of the island of Bali, the province of Bali also consists of the surrounding smaller islands, namely the island of Nusa Penida, the island of Nusa Lembongan, the island of Nusa Ceningan, Serangan Island, and Menjangan Island. Geographically, Bali is located between the islands of Java and Lombok. The majority of the Balinese population is Hindu. In the world, Bali is well-known as a tourism destination with the uniqueness of various artistic and cultural products, especially for Japanese and Australian tourists. Bali is also known as the Island of the Gods and the Island of a Thousand Temples</p> Made Muliawan Arya Copyright (c) 2022 fakultas hukum unmas denpasar https://e-journal.unmas.ac.id/index.php/icfl/article/view/4748 Fri, 29 Jul 2022 00:00:00 +0800 Actio Pauliana As a Legal Protection Effort Towards Creditors from Bad Faith Debtors in Bankruptcy Cases https://e-journal.unmas.ac.id/index.php/icfl/article/view/4749 <p>Actio pauliana is closely related to the issue of Receivable and Liability. Article 1131 of the Civil Code stipulates provisions specifying that all debtor’s property shall become dependent for all individual engagements. With this article, a debtor is not bound in determining how they will make use of all the objects they have as long as the stipulated provisions do not harm the creditor. The moment when the debtor continues to take actions that are detrimental to the creditor is the moment where Actio Pauliana may come into effect. The type of research used in this study is normative juridical research with a statute approach. The data were analyzed using legal argumentation technique. In the case of bankruptcy, the court appoints a curator, namely the person in charge of managing and resolving bankruptcy cases. If a matter has been decided a bankruptcy, the curator is responsible for filing a lawsuit to the court containing cancellation of all actions that are considered detrimental to the creditor.</p> Putu Eka Trisna Dewi Copyright (c) 2022 fakultas hukum unmas denpasar https://e-journal.unmas.ac.id/index.php/icfl/article/view/4749 Fri, 29 Jul 2022 00:00:00 +0800 Transfer of Patent Rights through Inheritance in the Perspective of Inheritance Law in Indonesia https://e-journal.unmas.ac.id/index.php/icfl/article/view/4750 <p>Law Number 13 of 2016 concerning Patents does not regulate in detail the procedure for the transfer of rights that are due to inheritance. In inheritance, there is a transfer of rights, therefore an analysis is needed regarding the transfer of patent rights, which can be transferred to three inheritance law. The formulation of the problem used in this research is how is the procedure for transferring patent rights through inheritance based on Article 74 paragraph (1) of Law Number 13 of 2016 concerning Patents? and what law system is used in the transfer of patent rights in terms of inheritance law in Indonesia? This study uses a normative legal research method with a statutory approach and a conceptual approach. The results of the study show that the transfer procedure through inheritance is not regulated detail in Law Number 13 of 2016 concerning Patents. Indonesia have 3 inheritance legal systems, namely customary, Islamic and civil inheritance. The inheritance law system used in the transfer of patent rights is civil inheritance law, because it is easier to do than through customary inheritance law or Islamic inheritance law. The civil inheritance law doees not distinguish between male heirs and female heirs and does not distinguish birth order with the legal basis of the Civil Code. Law Number 13 of 2016 concerning Patents must regulate in more detail the procedures for transfer through inheritance and distribution for Patent Rights with the establishment of implementing regulations in the form of Government Regulations</p> Made Sinthia Sukmayanti, Fanny Priscyllia Copyright (c) 2022 fakultas hukum unmas denpasar https://e-journal.unmas.ac.id/index.php/icfl/article/view/4750 Fri, 29 Jul 2022 00:00:00 +0800 THE PHENOMENA OF SPEECH ACT IN LAW DOMAIN OF @NGERTI.HUKUM& @KLINIK HUKUMONLINE INSTAGRAM ACCOUNT (PRAGMATICS STUDY) https://e-journal.unmas.ac.id/index.php/icfl/article/view/4751 <p>This law research aims to analyze the speech act of two Instagram accounts @Ngerti.Hukum and @Klinik Hukumonline which focused on law information. This research uses written and uploaded feeds of the account owner as the primary data. The method used is observation method and the technique of collecting data applied is reading and taking note on every uploaded information that obtained the highest number of likes. Before the data is being analyzed, the triangular method is conducted by interviewing the competent law experts to support the research as well as relevance theories. After validated, the classified data is ready to be analyzed by using the pragmatics methods which has been adjusted by context of situation. The steps are conducted in order to smoothen the classification of the data contains speech act in law domain. The result of the data analysis is informally descripted in order to make it easier to understand the analysis itself. The result shows that the owner of @Ngerti.Hukum and @Klinik Hukumonline understand the context of situation very well even though these accounts are also facilitating other information, such as: products, law study books, and other law seminars information. The uploaded feeds have implemented locutionary, illocutionary, and perlocutionary speech act by using declarative, interrogative, and directive sentences, to make it easier for readers to understand the content of the feed as well as obtained positive and negative responses. Speech act can be implemented in every realm of community, one of them is in law domain. The implementation of speech act in law study that is uploaded in Instagram, precisely can help the user to understand the meaning of message and information conveyed by the account owner itself.</p> Anak Agung Ayu Dian Andriyani, Desak Putu Eka Pratiwi, I Wayan Juniartha Copyright (c) 2022 fakultas hukum unmas denpasar https://e-journal.unmas.ac.id/index.php/icfl/article/view/4751 Fri, 29 Jul 2022 00:00:00 +0800 SYNERGY BETWEEN TRADITIONAL VILLAGE AND LOCAL GOVERNMENT IN TOURISM INVESTMENT MANAGEMENT WITH PARTNERSHIP DEVELOPMENT PATTERN BASED ON TRI HITA KARANA IN BALI https://e-journal.unmas.ac.id/index.php/icfl/article/view/4752 <p>Tourism investment activities in Bali today encourage the transformation of land as much as possible, the transfer of functions of very productive agricultural land, and areas that store historical, socio-cultural values that are very unique to become centers of tourism business activities. Such transformations are not infrequently accompanied by the elimination of certain societal values and systems, exploitation of the community in all its aspects of life, treatment of the people in setting and implementing policies. As a result, policies at the regional level and local Traditional Villages often clash, due to the lack of synergy between the Regional Government and Traditional Villages in managing investment activities in the tourism sector. For this reason, a partnership development pattern is needed in its management while still paying attention to the Tri Hita Karana concept in building sustainable Bali tourism. This study uses a normative legal research method using a conceptual approach and an approach to legislation. The data analysis method is carried out by collecting facts which are data through the study of library materials or secondary data which include primary legal materials, secondary legal materials, and tertiary legal materials, both in the form of documents and applicable laws and regulations relating to the normative juridical analysis of problems that arise.</p> Lis Julianti, Agustina Ni Made Ayu Darma Pratiwi, I Wayan Agus Vijayantera, Anak Agung Adi Lestari Copyright (c) 2022 fakultas hukum unmas denpasar https://e-journal.unmas.ac.id/index.php/icfl/article/view/4752 Fri, 29 Jul 2022 00:00:00 +0800 SEKAA TRUNA’S EMPOWERMENT CONCEPT IN PREVENTING THE CIRCULATION OF NARCOTICS AMONG YOUTH https://e-journal.unmas.ac.id/index.php/icfl/article/view/4753 <p>The development of an increasingly modern era in the current era of globalization demands the existence of high-quality human resources, with the progress of the era as it is today, it is possible for the emergence of various forms of crime and crime. As we know, the circulation of narcotics among teenagers is currently very concerning, considering that teenagers who are the next generation of the nation have even contributed to destroying the name of the nation and themselves. The emergence of this phenomenon knocks on all of our hearts to jointly prevent the circulation of narcotics among teenagers. Involving sekaa truna is one of the right steps in preventing narcotics trafficking. Based on this, then as for the problem, namely to know the concept of empowering truna sekaa in preventing drug trafficking among teenagers. The purpose of writing is to analyze the importance and to what extent sekaa teruna can be involved in preventing the circulation of narcotics among adolescents. In the discussion, it was found that the sekaa truna is a collection, forum, social organization for the development of the younger generation that grows and develops on the basis of awareness and social responsibility from, by, and for the community, especially the younger generation in the village or sub-district area or an equal indigenous community and mainly moves In the field of welfare, with the existence of this truna, it is hoped that they will be active in preventing the circulation of narcotics and can suppress and prevent the circulation of narcotics among teenagers.</p> Ni Komang Ratih Kumala Dewi, I Nengah Susrama, I Gusti Bagus Hengki, I Made kariyasa Copyright (c) 2022 fakultas hukum unmas denpasar https://e-journal.unmas.ac.id/index.php/icfl/article/view/4753 Fri, 29 Jul 2022 00:00:00 +0800 REGULATIONAL POLICIES OF THE PROVINCE OF BALI PROVINCE GOVERNMENT IN PROTECTING AND EMPOWERING LOCAL ECONOMIC BUSINESSES INTEGRATED CULTURAL TOURISM https://e-journal.unmas.ac.id/index.php/icfl/article/view/4755 <p>Bali as the center of the tourism industry requires a strong management in an effort to protect and empower the tourism economy of Bali. Local government policies are one of the reinforcements for the protection of Bali's economic development based on cultural tourism. As an island that really maintains the tradition of local wisdom, Bali has become a center of cultural tourism that puts forward the noble tradition as one of the potentials and selling points for Bali tourism. The regulations that are regulated should have to be adapted to the times but still be able to maintain the values of local wisdom, so it is necessary to study the policy settings of the Bali Provincial Government related to the development of the Balinese economy that is able to maintain local wisdom and be integrated with cultural tourism in the invasion of modern technological cultural development. .<br>The method used in this study is a qualitative research method which emphasizes the observation of the phenomenon and examines the substance of the meaning of the phenomenon. The analysis and sharpness of qualitative research is greatly affected by the strength of the words and sentences used. The focus of qualitative research is on the process and the meaning of the results. Qualitative research attention is more focused on human elements, objects, and institutions, as well as the relationship or interaction between these elements, in an effort to understand an event, behavior, or phenomenon. This study examines the provisions of economic business and Balinese cultural tourism which are integrated in the form of a dynamic arrangement so as to be able to combine modernization and superior culture into a unified regulation based on modernization and local wisdom.</p> Anak Agung Putu Wiwik Sugiantari, A.A. KT. Sudiana, Putu Wisnu Nugraha Copyright (c) 2022 fakultas hukum unmas denpasar https://e-journal.unmas.ac.id/index.php/icfl/article/view/4755 Fri, 29 Jul 2022 00:00:00 +0800 THE EMPOWERMENT OF CUSTOMARY VILLAGES IN BALI IN PREVENTIONS AND COUNTERMEASURES OF NARCOTICS CRIMES BASED ON LOCAL WISDOM https://e-journal.unmas.ac.id/index.php/icfl/article/view/4756 <p>Narcotics crime has been categorized as transnational crime with a very sophisticated modus operandi, therefore in its prevention and countermeasures require an effective strategy involving various components of society. Customary village as one of the social institutions in Bali has an important role in helping the Government realize Indonesia towards a drug-free country considering that customary village has traditional rules considered effective in helping to minimize the number of narcotics abuse in the area through the application of customary sanctions. This research is an empirical legal research that uses an empirical juridical approach with descriptive analytical research specifications. The research data sourced from primary data is supported by secondary data using document study techniques, observation, and interviews. The results showed that the prohibition of narcotics abuse regulated in awig-awig or pararem of customary villages in Bali is a form of the empowerment of customary villages that aims to increase the participation of customary villages in helping the government prevent and overcome narcotics abuse and illicit trafficking. The regulation of customary sanctions for perpetrators of narcotics crimes in awig-awig or pararem and its application are reaction to actions that violate the sense of justice and propriety that live in society so as to disrupt the balance and peace of the society</p> I Gusti Ngurah Anom, Ni Putu Noni Suharyanti, I Wayan Eka Artajaya Copyright (c) 2022 fakultas hukum unmas denpasar https://e-journal.unmas.ac.id/index.php/icfl/article/view/4756 Fri, 29 Jul 2022 00:00:00 +0800 THE ROLE OF TRADITIONAL VILLAGES IN SUPPORTING TOURISM INVESTMENT IN TRADITIONAL VILLAGE REGIONS IN BALI https://e-journal.unmas.ac.id/index.php/icfl/article/view/4757 <p>Bali is Famous as a World Tourism Destination, Amid the Threat of the Prolonged Covid-19 Pandemic, Bali persists with Culture and Customs which are the Breath of Bali Tourism, Balinese Cultural Tourism cannot be separated from the existence of customs in Bali, Customs in Bali are managed well by the Village Indigenous villages headed by a Bendesa who has the task of balancing and nurturing indigenous peoples, Traditional Villages have a role to create harmony between three aspects, namely aspects of divinity, aspects of humanity and environmental aspects, these three aspects are packaged in a legal content called Awig Awig Desa Adat, In Awig Awig, it becomes a legal product for Traditional Villages in Bali, in this regulation it can accommodate tourism interests, especially tourism investment in the traditional village environment by providing space for local investments made by indigenous people, the method used is field studies by not ruling out literature. hundreds of literature related to investment, tourism and customs, so it was found that Awig Awig in Bali has flexibility in regulating matters related to investment, this can be included in the humanitarian section of the Awig Awig Traditional Village, so we recommend that the Traditional Village in Bali make adjustments to the the arrangement is to allow tourism investment to be included in the content of Awig Awig Desa Adat.</p> I Wayan Wahyu Wira Udytama, Ketut Sukawati Lanang Putra Perbawa, I Wayan Gde Wiryawan, I Putu Lantika Oka Permadi Copyright (c) 2022 fakultas hukum unmas denpasar https://e-journal.unmas.ac.id/index.php/icfl/article/view/4757 Fri, 29 Jul 2022 00:00:00 +0800 THE POWER OF PROOF OF ELECTRONIC SIGNING SYSTEM ON ELECTRONICALLY REGISTERED FIDUCIARY GUARANTEE CERTIFICATES https://e-journal.unmas.ac.id/index.php/icfl/article/view/4758 <p>The purpose of this study is to analyze the legal strength of proof of electronic signing systems on fiduciary guarantee certificates registered electronically in terms of Indonesian civil system. This study uses a normative legal research method with a statutory and conceptual approach. The results show that, the evidence in civil cases, especially in Indonesia, cannot be separated from the fourth book of the Civil Code regulating Evidence and Expiration. Article 1866 of the Civil Code regulates written evidence, witness evidence, allegations, confessions and oaths. Electronic signatures have the power of evidence that is inherent like other evidences regulated in the Civil Code. Based on Article 11 paragraph (1) of Law Number 11 Year 2008 concerning Electronic Information and Transactions, Electronic Signatures have the legal force and consequences. If in a civil case examination at court presents an electronic signature as evidence, then in accordance with the legal principle of lex specialis derogat legi generali, the judge must refer to the provisions stipulated in Law Number 11 of 2008 concerning Information and Technology, even though the Book of Law -The Civil Code does not regulate electronic signatures as evidence at trial.</p> Made Emy Andayani Citra, Kadek Apriliani,, I Made Sudirga Copyright (c) 2022 fakultas hukum unmas denpasar https://e-journal.unmas.ac.id/index.php/icfl/article/view/4758 Fri, 29 Jul 2022 00:00:00 +0800 THE URGENCE OF CYBER NOTARY IN THE DEVELOPMENT OF LAW IN INDONESIA https://e-journal.unmas.ac.id/index.php/icfl/article/view/4759 <p>The legality of a cyber notary-based Notary Deed as an Authentic Deed based on Law Number 2 of 2014 concerning Amendments to Law Number 30 of 2004 concerning Notary Positions and positive law in Indonesia is that it does not have perfect proof like an Authentic Deed, because a Notary Deed with using the cyber notary does not meet the requirements for the Authenticity of a Deed as stated in the provisions of Article 1868 of the Civil Code.<br>In addition, Law Number 2 of 2014 concerning Amendments to Law Number: 30 of 2004 concerning the Position of a Notary and Law Number 11 of 2008 concerning Information and Electronic Transactions have also not explicitly accommodated the application of Cyber Notary to an Authentic Deed, so that A deed made by a Notary using a Cyber Notary does not have the power of proof like an Authentic Deed.<br>Notary deeds using a cyber notary are not recognized as electronic evidence. This is because there is a prohibition in the provisions of Article 5 paragraph (4) of Law Number 11 of 2008 concerning Electronic Information and Transactions which reads: "The provisions regarding electronic information and/or electronic documents as referred to in paragraph (1) do not apply to :<br>1. A letter which according to the law must be in written form;<br>The letter and its documents which according to the law must be made in the form of a notarial deed or a deed made by the official making the deed.”</p> Kadek Miarta Putra Copyright (c) 2022 fakultas hukum unmas denpasar https://e-journal.unmas.ac.id/index.php/icfl/article/view/4759 Fri, 29 Jul 2022 00:00:00 +0800 LEGAL REVIEW OF PROPERTY LAND OWNERSHIP BY FOREIGN CITIZENS IN INDONESIA https://e-journal.unmas.ac.id/index.php/icfl/article/view/4760 <p>The importance of the function of a plot of land for humans has resulted in humans being able to defend their land at all costs. Therefore, the former founders of the Indonesian state paid special attention to land that has a high value from any perspective. This is evidenced by the enactment of Law Number 5 of 1960 concerning Basic Regulations on Agrarian Principles which in its points expressly constitutes a form of implementation of Article 33 of the 1945 Constitution. The formulation of the research problem is: How can foreign legal regulations get land ownership rights in Indonesia? What are the legal consequences if foreigners own land in Indonesia with property rights status? The research method uses normative or doctrinal legal research methods. The types of approaches taken are statutory approaches, legal concept analysis, legal comparisons, and legal history. The sources of legal materials used are primary, secondary, and tertiary data sources. The technique of collecting legal materials is a literature study. The technique of analyzing legal materials is conceptual. The results of legal research on land ownership by foreign nationals in Indonesia are not at all open to the possibility of obtaining land rights in the land law system, except usufructuary. Legal consequences for foreign citizens owning land in Indonesia with the status of property rights, namely the occurrence of legal problems between the parties’ Indonesian citizen’s foreign citizens.</p> Putu Sekarwangi Saraswati, Ida Bagus Gede Subawa, I Wayan Wiasta Copyright (c) 2022 fakultas hukum unmas denpasar https://e-journal.unmas.ac.id/index.php/icfl/article/view/4760 Fri, 29 Jul 2022 00:00:00 +0800 ESTABLISHMENT PROCESS OF RESPONSIVE REGIONAL REGULATION IN HANDLING THE COVID-19 IN BALI https://e-journal.unmas.ac.id/index.php/icfl/article/view/4761 <p>Following the hierarchy of Rules in Indonesia, the regional regulation is a type of rules that happen to be at the lowest order and it is considered to be the authority of regional government. It is common to find out that the implementation of community expectation is not effectively applied. It happened due to several factors. Hence, this study was aimed to provide recommendations on the mechanism for the more responsive establishment of the regional regulation, especially in terms of handling the Covid-19 Pandemic in Bali considering that Bali as a tourism area relies on this sector for its economy. This was normative legal research with social jurisprudence approach, which examine and analyze the law in society using social science as its basis. The study indicated that with regard to the construction of a good and responsive regional regulation, it can be carried out in stages as stipulated in the provisions of Article 15 Paragraph (5) of the Minister of Home Affairs Regulation No. 80 of 2015 is to determine the Priority Scale. In addition, a sociological approach must first be carried out to optimally capture the expectations of the local community.</p> Deli Bunga Saravistha, Kadek Mery Herawati Copyright (c) 2022 fakultas hukum unmas denpasar https://e-journal.unmas.ac.id/index.php/icfl/article/view/4761 Fri, 29 Jul 2022 00:00:00 +0800 EFFORTS TO PRESERVE TETANDINGAN BANTEN TRADITION IN BALI TO SUPPORT BALI CULTURAL TOURISM https://e-journal.unmas.ac.id/index.php/icfl/article/view/4762 <p>The power of Bali is identical to the rituals carried out through ceremony or Tetanding Banten tradition means as a form of gratitude for all the grace and life given. Tetanding Banten tradition in Bali became its own icon of Balinese cultural tourism in the form of Hindu rituals in Bali that are inseparable from the religious system. However, in the development of modernization there is a threat to the declining ability of the younger generation in making Banten tradition a challenge in the existence of Tetanding Banten tradition in Bali. In an effort to maintain the sustainability of Tetanding Banten in Bali to supporting cultural tourism, an effort or strategy is needed. In this study there are two formulations of the problem, namely the role of Religion in maintaining the preservation of Tetanding Banten tradition in Bali to Support Bali Cultural tourism and Whats are Tetanding Banten tradition preservation efforts to support Balinese cultural tourism. The religious system has a big role in maintaining the sustainability of Tetanding Banten tradition in Bali, because in the religious system contained a belief / faith in God that can affect the mindset of the community to keep Tetanding Banten tradition as part of the form of bhakti. This can be done through efforts to conduct counseling and socialization activities, through educational media, optimal.</p> Ni Komang Sutrisni, I Made Hendra Wijaya, Ni Luh Gede Yogi Arthani Copyright (c) 2022 fakultas hukum unmas denpasar https://e-journal.unmas.ac.id/index.php/icfl/article/view/4762 Tue, 11 Jan 2022 00:00:00 +0800 CYBER TROOPS IN SOCIAL MEDIA PROPAGANDA AND THREATS TO INDONESIAN DEMOCRACY https://e-journal.unmas.ac.id/index.php/icfl/article/view/4789 <p>Information Technology in casu internet on the one hand brings benefits but on the other hand creates new legal problems. For example, the presence of cyber troops or cyber troops in Indonesia is a tool to manipulate public opinion propaganda on social media for certain interests. The main condition for the success of propaganda is their monopoly on information. Cyber troops are often used by the political elite as well as the economic elite for their interests. One example is in digital campaigns in the presidential election, gubernatorial election, regent election and others. Cyber troops are used to spread rumors that are not true, weaken public debate. In various forms, especially social media, it has an impact on users. However, the use and dissemination of information through media that can be done very freely has not been able to provide a high level of trust and even the information is a hoax. Hate speech that spreads in activities on social media arises because of the euphoria of freedom of expression in a democratic country. The hate speech was effectively used as a negative campaign during the general election. This study aims to analyze cyber troops in hate speech and cyber warfare on social media which is a threat to Indonesian democracy. In relation to information technology, especially cybercrime, the role of law is to protect weak parties against exploitation from strong or malicious parties, besides that the law can also prevent the negative impact of the discovery of a technology, namely the internet and internet actors, namely cyber troops in social media.</p> NI PUTU ANGELIA Copyright (c) 2022 fakultas hukum unmas denpasar https://e-journal.unmas.ac.id/index.php/icfl/article/view/4789 Tue, 11 Jan 2022 00:00:00 +0800 LESBIAN GAY BISEXUAL TRANGENDER (LGBT) IN INDONESIA’S POSITIVE SOCIAL AND LEGAL PARADIGM https://e-journal.unmas.ac.id/index.php/icfl/article/view/4790 <p>The issue of sexual deviation has been the object of debate for quite a long time in human civilization. Social norms and societal norms that condemn various kinds of sexual deviations are challenged by groups who feel disadvantaged by these norms. This research is a normative juridical research method which aims to find out the positive legal perspective of Indonesia regarding the existence of individuals and the LGBT group itself.</p> Dewa Gede Edi Praditha Copyright (c) 2022 fakultas hukum unmas denpasar https://e-journal.unmas.ac.id/index.php/icfl/article/view/4790 Tue, 11 Jan 2022 00:00:00 +0800 APPLICATION OF AGREEMENT PRINCIPLES IN DIGITAL BUSINESS ACTIVITIES IN INDONESIA https://e-journal.unmas.ac.id/index.php/icfl/article/view/5258 <p>In essence, an agreement with the terminology of agreement as formulated in Article 1313 of the Civil Code (KUHPerdata) is 'an act whereby one or more persons bind themselves to one or more persons'. This agreement/agreement then creates an engagement between the parties therein. According to several opinions held (Communis Opinio Doctorum), an agreement is a legal act based on an agreement to cause a legal consequence. As regulated in Article 1320 of the Civil Code, 'agreement' is one of the conditions for the validity of an agreement, in addition to other conditions.</p> Ida Bagus Gede Subawa, I Ketut Sukawati Lanang Putra Perbawa, Putu Lantika Oka Permadhi, Ni Putu Noni Suharyanti Copyright (c) 2021 fakultas hukum universitas mahasaraswati Denpasar https://e-journal.unmas.ac.id/index.php/icfl/article/view/5258 Fri, 31 Dec 2021 00:00:00 +0800 Juridical Review of the Crime of Using Photos and Images Legal Hijacking of Other People's Social Media Accounts Number 19 of 2016 concerning Information and Electronic Transactions https://e-journal.unmas.ac.id/index.php/icfl/article/view/5259 <p>Indonesian Law Number 19 of 2016 aboutInformation and Electronic Transactions (UU ITE) was born by considering the demands of the needs of information technology users, which aims to provide legal protection for information technology users who are considered the most vulnerable group to crime spread on social media, one of which is the crime of using photos and hijacking other people's social media accounts. At present, there are many cases of photo theft that are used to commit fraud and make social media a facility for these crimes, but efforts to prevent the development of these crimes are only focused on written legal texts without any systematic effort to realize what was the initial goal. This research aims to determine the juridical review of the crime of using photos and hijacking other people's social media accounts according to Indonesian Law Number 19 of 2016 about Information and Electronic Transactions. This research is a normative juridical research with secondary data. The research method uses literature study by collecting legal materials and information in the form of primary, secondary, and tertiary legal materials. To get a clear explanation, the data were then arranged systematically and analyzed using descriptive methods</p> I Nyoman Sunarta Copyright (c) 2021 fakultas hukum universitas mahasaraswati Denpasar https://e-journal.unmas.ac.id/index.php/icfl/article/view/5259 Fri, 31 Dec 2021 00:00:00 +0800 IMPACT OF THE INFORMATION AND TRANSACTION LAW ELECTRONIC (UU ITE) ON LEGAL CHANGES AND SOCIAL IN COMMUNITY https://e-journal.unmas.ac.id/index.php/icfl/article/view/5264 <p>The spectacular development of the information technology in communication. has <br>greatly impact the development of law and social interaction. Beside giving a positive <br>contribution for the information technology media used, howewer, it also has caused <br>negativeimpact in another part. In order to prevent this, the Indonesian government has <br>initiated a new regulation as the Information and Electronic Transaction Law No. 11 <br>year 2008. The regulation is the prior Indonesian law, which arranged the <br>implementation of information technology communication. The objectived of this <br>research is to discuss the impact of the information and electronic transaction and its <br>implementation in Indonesian. The method used library research, which connected with <br>the implementation in the real field, and analyzed descriptively. It can be concluded <br>that: (1) The regulation number 11 year 2008 give the protection to the of the <br>information and electronik transaction society. (2) it shoud be socialized to the <br>community in order to achive the law security for the information technology user and <br>promoter</p> Kadek Puja Astawa Copyright (c) 2021 fakultas hukum universitas mahasaraswati Denpasar https://e-journal.unmas.ac.id/index.php/icfl/article/view/5264 Fri, 31 Dec 2021 00:00:00 +0800 DOCTOR'S RESPONSIBILITY IN CIVIL LAW https://e-journal.unmas.ac.id/index.php/icfl/article/view/5265 <p>The legal relationship between doctor and patient is born out of a therapeutic <br>transaction. Therapeutic transactions are activities in the implementation of medical <br>practice in the form of individual health services or so-called medical services based on <br>their expertise, skills, and accuracy. A therapeutic agreement is an agreement between a <br>doctor and a patient, in the form of a legal relationship that creates rights and <br>obligations for both parties. In a legal sense, responsibility means "attachment". The <br>research method used is library research, namely secondary data obtained from the 1945 <br>Constitution, the Act, the results of literature studies of books, scientific journals, <br>theses, and relevant references, so this research uses normative legal research methods. . <br>The doctor's liability in civil law can be in the form of civil legal liability due to a <br>doctor's civil liability 3 default due to an unlawful act (onrechtmatige daad) the doctor's <br>civil liability resulting in a loss of the doctor's civil liability as the person in charge. and <br>forms of liability of a doctor who can be prosecuted in civil law And to ensure legal <br>certainty and legal protection for the community or patients who feel aggrieved can file <br>a civil lawsuit through the court on the basis of default or unlawful acts to obtain <br>compensation from the party who cause the loss.</p> Putu Adi Setiawan Copyright (c) 2021 fakultas hukum universitas mahasaraswati Denpasar https://e-journal.unmas.ac.id/index.php/icfl/article/view/5265 Fri, 31 Dec 2021 00:00:00 +0800