Proceedings of the International Conference on Business Law and Local Wisdom in Tourism (ICBLT 2018)

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52 articles

Impoverishment Against Corruptors

I Nyoman Sujana, I Nyoman Gede Sugiartha
This paper is inspired by circumstances where the level of corruption is increasing both in quantity and quality. Corruption is increasingly massive and widespread not only by executive, legislative but also law enforcement officials. Criminal sanctions imposed on corruptors are not optimal and are not...

Can Local Law Prevent Polygamy? A Case of Local Law Implementation in Bali

I Ketut Sukadana, Ni Made Sukaryati Karma, Ni Made Puspasutari Ujianti
The purpose of this research is to describe the regulation of prohibition of polygamy for society as regulated in Balinese custom law that is awig-awig. The method used is empirical with the interview technique to the head of traditional village. The results show that marriage arrangements in awig-awig...

Legal Construction of the Principles of Voluntary Mortgage Warranty Transfer

I Nyoman Sumardika, Ni Komang Arini Styawati
The paper discusses the issues of whether or not a voluntary transfer of collateral by the debtor Bank is legal in line with the view of the legal aspects of the guarantee and the existence of the principles of voluntary transfer of the guarantee on mortgage in the amendment of Mortgage Legislation in...

Criminal Liability Against Maladministration By Civil Service Application In Land Procurement For Public Facilities

I Made Sepud
This paper examines the legal protection for the civil apparatus who committed maladministration in the process of land acquisition for the construction of public facilities and describes criminal liability to the state civil apparatus in the commission of maladministration in the land procurement for...

Local Law-Based Rice Field Maintenance to Support Tourism Industry

I Ketut Widia
The phenomenon of the conversion of rice fields as agricultural land has become increasingly uncontrolled, where hundreds of hectares of productive rice fields are transformed into housing, hotels, villas, industrial centers, and so on. This study is aimed to identification the factors that cause the...

The Settlement of Law on Regional Cooperation in Biological Natural Resources Management

Luh Putu Sudini
This article aims to examine and describe the settlement of law concerning regional cooperation in the management of biological natural resources within the scope of the Exclusive Economic Zone. This research is a type of normative legal research conducted by following statute approach and conceptual...

Tourism Business Strengthening through Agreement with a Goodwill Principle

I Nyoman Sujana
This article examines two legal issues relating to the principles of goodwill, namely: whether agreements solely on the basis of goodwill are safe enough to transact in the business field of tourism or not; since every party who transacts in the tourism business sector is subject to different legal systems,...

The Strategy of Strengthening Traditional Market in Providing Right to Work

I Nyoman Sukandia, Anak Agung Istri Agung
The existence of modern market in the area of tourism has been a wide concern in Bali. It is predicted that its existence can bring some negative impacts, especially eroding the existence of traditional market and reducing the right of work of traders in traditional markets. This study is aimed to investigate...

Insurance as a Form of Tourism Protection

Desak Gde Dwi Arini, Diah Gayatri Sudibya, I Wayan Werasmana Sancaya
This research belongs to a normative and empirical legal research to identify the construction of insurance law against the risks confronted in the field of tourism. Secondary data obtained from primary legal materials, encompassing legislation, such as the Civil Code, the Book of Commercial Law, and...

Land Rights Ownership by Foreign Citizens through Nominee Agreement in Tourism Investment in Bali

Made Wiryani, I Wayan Kartika Jaya Utama
This study is conducted to describe the impacts arising from the smuggling of agrarian law to avoid losses for investors and the negative impacts on investment evaluation as supporting the efforts of international tourism infrastructure development, particularly in Bali. This research utilizes normative...

Inconsistency of the Regulation of Indemnity Payment as an Asset Recovery in Eradication of Corruption in Indonesia

I Made Hendra Kusuma
This paper reviews the inconsistencies in the legal settlement of indemnity payments in accordance with the concept of asset recovery and examines the underlying arrangement of fixed replacement payments in the form of asset recovery without the principals having to be imprisoned. Statute and conceptual...

Cultural Tourism Practices in Law Tourism in Bali

I Wayan Wesna Astara, Ida Ayu Putu Widiati, Putu Ayu Sriasih Wesna
This article recognizes the existence of Tourism in Bali as a sustainable cultural tourism potential supported by indigenous Balinese Hindus. This study aims to contribute to the Provincial Government of Bali in regulating, protecting, maintaining the values of local indigenous cultural wisdom of Balinese...

Payment of Final Income Tax Before the Issuance of Deed of Sale and Purchase in Legal Certainty Perspective

I Nyoman Putu Budiartha, I Nyoman Alit Puspadma
The objective of this study is to examine the obligation to pay the Final Income Tax by the seller of land and/or building rights before the sale and purchase certificate is signed in the presence of the Land Deed Official (PPAT) as regulated in Article 3 paragraph (1) and (5) of Act 34 Year 2016. Research...

Tourism Destination Management in Creating the Local Community Welfare

Ida Ayu Putu Widiati, Luh Putu Suryani, Ketut Adi Wirawan
Bali is one of the tourism destinations. Tourism should provide positive impacts on the social, economic and cultural development of the society around the tourist destinations. This study aims at identifying the model of management of tourism destinations resulting in the welfare of local communities....

The Provision of Sanction in Tax Amnesty in Indonesia

I Nyoman Gede Sugiartha, I Nyoman Sutama, I Nyoman Sujana
After the issuance of Law no. 11 of 2016 on tax amnesty there is a provision that is set in the joint taxation gratuity with sanctions for violators of tax payment obligations. This paper aims to identify and describe the provisions of sanction of tax payment in tax amnesty in Indonesia. To meet this...

The Role of Administrator and Procedure of Payment Suspension in the Commercial Court: A Case Study

I Made Arjaya
The purpose of the research is to examine the authority of administrator and the procedures of Suspension of Payment Obligations (PKPU) of PT. RR and JCT at Surabaya Commercial Court. This type of research is normative law research with statute approach, conceptual approach and cases approach. The legal...

Principles of Contract Law Underlying Business Activities in the Globalization Era

I Nyoman Putu Budiartha
This paper analyzes the principles of business contracts in the era of globalization in Indonesia. Normative law is used in designing the study in this paper. The results show that the principles of contract law are the foundation for the conduct of business activities in Indonesia. The principle of...

Proof of Corruption Case Based on Indonesian Audit Board Result

Simon Nahak, Dessy Lina Oktaviani Suendra, Kade Richa Mulyawati
There are some ways to prove the corruption case in Indonesia, one of which is by calculating the state financial loss. Supreme Audit Board (BPK) is one of state agencies that has the authority to conduct audit to the financial state. This study aims to analyze the substance of criminal law, particularly...

Implementation of Social Function in Land Acquisition

I Ketut Kasta Arya Wijaya, I Wayan Arthanaya
This paper describes the implementation of social function in the acquisition of land as enacted in article 6 of Basic Agrarian Law (UUPA). This research belongs to the type of normative legal research. To examine the problems in this research, we use statutory approach, conceptual approach and case...

Anticipating Global Business Competition through Economic Democracy Principles

N L M Mahendrawati, I B Gede Agustya Mahaputra
The emergence of online-based transport led to the emergence of a different competition model between the current and conventional transportation. The existence of conventional transportation began to be ruled out since the emergence of a system of use of online-based transport services, mainly in the...

Can Tourism Business Development Cause Environmental Damage? A Perspective of Spatial Planning

I G B Suryawan, I P G Seputra, Indah Permatasari
Tourism industry is closely related to the environment. In tourism industry, natural or environmental beauty is one of the attractions for tourists. In reality, however, the development of tourism not only provides positive impacts on the environment but also results in significant negative impacts....

The Locus Sulus Concept as Local Wisdom in Building Planning and Development

Ni Made Jaya Senastri, Anak Agung Sagung Laksmi Dewi
The aim of this study is to examine the relationship between Article 6 paragraph (1) letter b Act number 26 Year 2007 on Spatial Planning, which states that spatial arrangement is organized by taking into account the cultural element and Regional Regulation of Bali Province number 16 Year 2009 on Bali...

Local Law in Forest Management

I Wayan Rideng, I Made Minggu Widyantara, Ni Made Sukaryati Karma
Local laws are functioned to formulate rules as guidelines for community members to behave in their lives in their customary village areas, including in forest management. This paper analyzes local legal provisions, established in awig-awig, local legal forms governing rules and procedures for managing...

Legal Certainty Perspective on Ulayat Land Ownership in Bali

I Made Suwitra, I Nyoman Alit Puspadma
This paper examines the model of certainty and legal protection on the ownership of Ulayat Land of Desa Pakaraman (Traditional Village). Normative legal research method was used to describe the uncertainty and duplication of norm between Agrarian Law, Decree of Minister of Agrarian and Awig-awig (Customary...

Transvestite: Tourism Law Perspective

Murry Darmoko
This research focuses on transvestite in tourism law perspective. The purpose of this research is to examine transvestite in tourism law perspective. This research follows IMRAD Structure in reporting, preceded by an abstract and followed by the conclusion. Method is descriptive, which studies word of...

Corruption Eradication in the Government’s Goods and/or Service Procurement

Jawade Hafidz
In Indonesia, the policies issued by the government to prevent corruption in the procurement of goods and/or government services were not able to work properly in accordance with expectations. This paper aims to examine strategies to eradicate corruption in order to restore the state's losses caused...

Law Principles of Contract Interpretation Based on Indonesian Civil Code

Hervian Yulia Rumengan
Occasionally, in an agreement which is a basic form of contract originated from any deal or approval between two parties that bind themselves against others, there is different interpretation from each party that designs the contract. This research is aimed at reviewing the law principles of contract...

Small Claim Procedure: A New Concept on Consumer’s Dispute Settlement in Indonesia

Rai Mantili, Anita Afriana, Ema Rahmawati
The article aims to analyze the current consumer dispute resolution and identify constraints in its practice. This type of research is normative legal research conducted by utilizing library data and secondary data in the form of legal principles, norm of procedure law, and comparative law. The results...

Social Institution Versus Corruption in Indonesia

Syamsul Haling
The objective of this study is to describe the effectiveness of social institutions, covering religion, education and family (kinship) in overcoming and preventing in of corruption Indonesia. The method used in this study is conceptual and statute approach to legislation to examine the extent of social...

Implementation of Justice Principles in Competitive Business Competition

Osgar S Matompo
Unhealthy competition occurs because of the existence of few producers or because the market structure is pure monopoly (no competition). The actors in their business activities bear a dual purpose in addition to fight to obtain some benefits also to meet the needs of the community about the availability...

Local Wisdom Based Tourist Village Sade Lombok Organization within the Framework of Sustainable Tourism Development

Any Suryani Hamzah, Mohammad Irfan
The concept of arrangement and involvement of indigenous peoples Sade Lombok tourism village in realizing the values of awig-awig indigenous tourism within the framework of sustainable tourism development. The purpose and purpose of this research is to explore and identify the daily culture, personal...

Legal Protection toward Women as the Victim of Violence (A Normative Approach of Criminal Law Perspective)

Lusiana Margareth, Tijow Iwan Permadi
Legal protection has significant meaning to give protection guaranty on individual, group, or legal subject in wide definition, as well as object in reality. Women as group of society should be protected because they always in risky condition and susceptible toward dangerous such as violence coming from...

The Amounts of Anti Trust Law in Indonesia

Alum Simbolon Simbolon
Problem formulation in this research is what the amounts Anti-Trust law in Indonesia is. The purpose of the study is to analyze and see the amounts of Anti-Trust law in Indonesia. The research method used in this research is the normative juridical approach, namely legal research conducted by tracing,...

Legal Aspect of Electronic Equipment Evidence in Cooperation with Over the Top Telecommunication Operator in Copyright Content Services on the Internet

Tasya Safiranita Ramli, Sherly Ayuna Putri
This study aims at exploring process of how the content protection that is available in OTT can be commercialized and the power of electronic proof of law in dispute settlement over the top (OTT). The approach used is juridical approach to normative and comparative legislation. Data are in the form of...

Reconstruction of Wages System for Balinese Dancer in Tourism Industry

I Wayan Gde Wiryawan
In practice, the wages earned by Balinese dancers are very far from those specified in the rules. This study is made to examine the legal protection on wages for Balinese dancers in the tourism industry and to explore the efforts that can be made to establish the Balinese dancers’ wages system. This...

An Attempt of Returning Assets from Corruption in The Form of Tourist Attraction

Muh Sutri Mansyah
Indonesia is currently facing the problem of corruption that has been rampant and has a tremendous negative impact hence it is necessary eradication and prevention of corruption but in reality the resulting loss of corruption becomes a problem also, so this paper aims to describe the effort of Indonesia...

The Contextual Problem in the Development of Indonesian International Tourism Law

Ida Bagus Wyasa Putra
Article 7 of the Act has mentioned that tourism development shall cover: tourism industry, tourism destination, marketing and tourism institution. This rule does not include the development of culture as an economic resources of tourism. This paper would demonstrate the situation of the policy, its impacts...

The Local Cultural Wisdom of Surakarta City in the Globalization Era — Study Description of Annual Culture Held in Surakarta City

Prisilia Purwardhani
Local wisdom is wisdom ideas that are wise, full of wisdom, good value that is embedded and followed by members of the community. Sekaten, Bedjaya Ketawang Dance, One Sura Cave, Grebeg Sudhiro, Batik Solo Carnival is an annual local cultural wisdom held by Surakarta City Government and Keraton Kasunanan...

Implementation Process and Execution Factor of Arbitration Decision in Indonesia

Ismail Rumadan
This study examines the process of implementation and the factor of execution of arbitration decision in Indonesia. Statutory and conceptual approaches to legislation have been applied in collecting data. Qualitative descriptive analysis is used in analyzing the content of the underlying law and related...

Law Enforcement through Customary Police in Improving the Security for Tourism Investors in Indonesia

Ade Saptomo
The study is to examine the concept in improving the mentioned law inforcement through applying the rules involving customary police or security guard, known as pecalang in Indonesia. The method used here is statutory and conceptual approach to legislation. In collecting the data, documentation and observation...

The Utilization of Post-Mining through Reclamation Program based on Indonesian Regulation

Wasis Susetio
This study examines the utilization of post-mining though reclamation program according to Indonesian regulation. It deals with whether the existed regulation is in line with Law No. 4 of 2009 on Minerals and Coal and the Minister of Energy and Mineral Resources No. 7 year 2014 on the Implementation...

Development of Local Wisdom-Based Tourism

Nabbilah Amir
This study aims to identify and identify strategies for strengthening local wisdom for people around tourist sites. Using empirical law research method and method approach case (case approach). The several strategies that are carried out in strengthening local wisdom include strengthening the local regulations...

Effectiveness of "Selection of Duta Endek Denpasar City" Program as a Cultural Legal Conservation Effort

I Made Wimas Candranegara, I Wayan Mirta, I Dewa Gede Putra Sedana
One of culture entity in the city of Denpasar is the Endek cloth. There is a history of the development of Endek cloth in Bali, this cloth has been handed down from generation to ancestor of Bali, every year to year this cloth always experience rapid development. Method used is qualitative descriptive...

Commercial Court Legal System of Bankruptcy: Debtor Assets Less Than the Amount of Debts

Ni Wayan Umi Martina, I Made Arjaya
The purpose of this research is to find out regulation of bankruptcy procedures and the authority of the receiver in Indonesia. Type of research employed in this study is normative legal research with statute and conceptual approach. The results show that bankruptcy procedure in Indonesia begins with...

Developing Corporate Employee's Know-How for Sustaining the Business of Indonesian Tourism

Zulheri Zulheri
This study is aimed to express ideas on how to develop corporate employee's know-how as one of tourism companies’ strategies in Indonesia. The problem is focused on the lack of such a corporate strategies to develop labour standards, especially in the form of managerial know-how, including marketing...

The Influence of Tourism Business Licensing toward the Absorption of Local Manpower

Mia Kusuma Fitriana, Abdul Munif, Fatimah Asyarie
This study examines the role of licensing law in order to drives the absorption of local manpower. We used conceptual and statute approaches to legislation in designing the study. As this kind of study belongs to normative work, data collected are in the form of articles of the acts on and related to...

Sustainable Tourism Development of Indonesia: Policy and Legal Politic Point of View

I Nyoman Nurjaya
This study aims at examining the development of sustainable tourism in the perspective of policy and legal politic. Conceptual and statute approaches to legislation were used to approach the collection of the data, the analysis, and the presentation of data. However, the data was analyzed and presented...

Role of Balinese Local Wisdom of Tourism Law Enforcement

I Dewa Made Suartha, I Dewa Agung Gede Mahardhika Martha
Law enforcement tourism amid the current globalization when is still very weak, because of the rules governing the implementation of tourism is still patterned, sectoral and economic interests are oriented in a moment. Implications for law enforcement less coordination, less supervision, less assertive...

Legal Protection toward Outsourcing Workers Connected with Indonesian Employment Law

Isni Rubiantini
The purpose of this research is to know the legal protection of outsourced workers by identifying the responsibilities of service and service provider companies against the rights and obligations of outsourced workers who are harmed and want to know the legal protections for outsourced workers related...

Legal Perspective on Trade Competition: A Study of State-Owned Enterprise in Indonesia

Rory Jeff Akyuwen
The research is purposed 1) to know and describe the position of interest from the right of monopoly of The State Owned Enterprise in legal perspective on trade competition, and 2) to know and describe also to find out the essence of State Owned Enterprise existence in legal perspective on trade competition....