Kerta Dyatmika

UPAYA UNIT LALU LINTAS DALAM PENANGANAN KECELAKAAN LALU LINTAS MELALUI RESTORATIVE JUSTICE DI WILAYAH HUKUM POLSEK NUSA PENIDA

Putu Aditya Dewa Putra — 2025-03-25

Traffic accidents are incidents that require resolution between the involved parties. In addition to litigation processes, a non-litigation approach known as Restorative Justice has recently been implemented within the police force as an alternative dispute resolution mechanism. This study aims to examine the efforts of the Traffic Unit in handling traffic accidents through restorative justice within the jurisdiction of Nusa Penida Police Sector, as well as to identify the obstacles encountered in its implementation. The research employs an empirical juridical method with a descriptive approach by conducting direct field research through interviews with relevant informants. The findings indicate that the restorative justice process involves several stages, namely: identifying cases eligible for restorative settlement, conducting mediation between the involved parties, restoring the losses suffered by the victim, and evaluating and monitoring the agreement’s outcomes. Obstacles in the implementation include the lack of awareness and understanding of the restorative justice concept among both law enforcement officers and the public, resistance from involved parties who may be unwilling to participate in the restorative process, and limited resources including time, personnel, and the availability of adequately trained mediators or facilitators. The study concludes that although restorative justice offers an effective alternative in handling traffic accidents, its successful application requires enhanced understanding, adequate resource allocation, and collaborative support from all stakeholders.

PENEGAKAN HUKUM DALAM MENANGGULANGI DAMPAK ISLAMOPHOBIA TERHADAP KERUKUNAN UMAT BERAGAMA DI WILAYAH HUKUM KEPOLISIAN DAERAH BALI

Muhammad Ghana Elang Primadya — 2025-03-25

The phenomenon of Islamophobia in Bali may be triggered by misunderstanding, prejudice, and discriminatory actions against Muslims. In the context of Bali’s rich cultural and religious diversity, wise and proactive management is essential to maintain interfaith harmony and prevent potential conflicts. This study aims to
analyze the impact of Islamophobia on religious harmony within the jurisdiction of the Bali Regional Police and to examine the legal enforcement measures implemented to mitigate such impacts. The research adopts an empirical juridical method with a descriptive approach, involving direct data collection from field informants. The findings reveal that Islamophobia has broad implications across various sectors, including economic, social, religious practice, political, and educational domains. In the economic sphere, Muslims may face restrictions in conducting business activities; socially, they may experience discrimination during everyday interactions; and in terms of religious practices, obstacles arise in establishing places of worship, such as mosques. Law enforcement efforts include a community-based approach, whereby the Bali Regional Police collaborate with religious leaders and community figures to identify and address issues before
escalation, incorporating interfaith dialogue and activities that foster mutual understanding and tolerance. In addition, preventive legal measures involve public education and awareness campaigns aimed at reducing stigma and strengthening intergroup relations. In conclusion, collaborative and preventive strategies serve as effective legal mechanisms to uphold religious harmony amid the challenges posed by Islamophobia in Bali.

PENGATURAN PELANGGARAN BERLALU LINTAS YANG DILAKUKAN OLEH GENERASI MUDA

Ni Made Ayu Agustina Darma Pratiwi — 2025-03-25

Traffic violations have become an increasingly worrying problem for society. Actions such as violating traffic signals, driving a vehicle at an inappropriate speed, or ignoring other driving safety rules can be dangerous for public safety. This research focuses on the younger generation who commit many violations on the highway. There are still many young people who are not yet old enough and do not have a driver's license, and are already driving motorbikes. The younger generation believes they are mature enough to ride a motorbike, but they don't know much about driving, which often leads to fatal accidents. This research uses a type of normative legal research to explain the regulation of traffic violations committed by the younger generation. Indonesian criminal law still provides a leniency in imposing the threat of punishment if the perpetrator of the crime is under 18 years of age or has never been married, namely based on the Law. Number 11 of 2012 concerning the Juvenile Criminal Justice System.

PENCEGAHAN PENYEBARAN PAHAM RADIKALISME OLEH DENSUS 88 ANTI TEROR POLRI GUNA MENANGKAL AKSI TERORISME DEMI TERWUJUDNYA KAMTIBMAS DI WILAYAH HUKUM PROVINSI BALI

Made Rama Suria Adi Kusuma — 2025-03-25

History serves as a reminder that dark chapters must never be repeated. In the context of Bali Province, the threat of radicalism and terrorism remains a pressing concern that necessitates preventive measures to ensure public safety and social order. This study aims to analyze the preventive efforts undertaken by the Indonesian National Police's Counter-Terrorism Special Detachment 88 (Densus 88 Anti-Terror) in countering the spread of radical ideologies in Bali, as well as to identify the challenges encountered in the implementation of such efforts. The research employs an empirical method with a descriptive approach, utilizing primary, secondary, and tertiary data sources. Data were collected through observation, interviews, and documentation, and subsequently analyzed qualitatively and presented in a descriptive-analytical format. The findings indicate that preventive measures include enhanced intelligence and surveillance, collaboration with local stakeholders, implementation of deradicalization programs, education and outreach initiatives, pre-emptive operations to disrupt potential terrorist activities, and regulatory reinforcement. However, Densus 88 faces several challenges, such as the high mobility and diversity of residents and tourists, the use of digital technology and social media by radical groups, inter-agency coordination barriers, human rights concerns, limited public awareness regarding the dangers of radicalism, as well as ideological and economic factors that facilitate the proliferation of radical ideologies, including the emergence of "lone wolf" threats. In conclusion, while significant strategic efforts have been made, the effectiveness of radicalism prevention requires sustained inter-sectoral synergy, greater public understanding, and the strengthening of early detection systems.

PELAKSANAAN PENGHAPUSAN (ROYA) JAMINAN FIDUSIA SETELAH PEMBERLAKUAN SISTEM FIDUSIA ONLINE

Sang Ayu Made Ary Kusuma Wardhani — 2025-03-25

The deletion (roya) of Fiduciary Security is a crucial stage in the administrative process of fiduciary arrangements; however, it is not explicitly regulated under the prevailing laws and regulations, including Law Number 42 of 1999 concerning Fiduciary Security, Government Regulation Number 21 of 2015, or the Minister of Law and Human Rights Regulations Number 9 and 10 of 2013. This legal ambiguity creates a regulatory vacuum and uncertainty in practice, particularly with regard to the legal consequences of failing to execute such deletion. This research aims to examine the process of fiduciary security deletion at the Notary Office of I Gede Perdana Artha, SH., M.Kn., following the implementation of the online fiduciary registration system, as well as to identify the obstacles and efforts undertaken when such deletion (roya) is not performed. The research employs an empirical legal method with a descriptive approach, utilizing both primary and secondary data obtained through interviews and analyzed qualitatively. The findings indicate that the main obstacles in implementing fiduciary deletion include technical issues in the electronic system and incomplete data concerning the subject or object of the fiduciary security, which hinder the notarial drafting of fiduciary deeds. Furthermore, the legal consequences of not performing the fiduciary deletion may subject the debtor to criminal sanctions, including imprisonment for a period of one to five years and/or fines ranging from ten million to one hundred million rupiah, as stipulated in Articles 16 and 17 of Government Regulation Number 21 of 2015 on Online Fiduciary Registration. The conclusion of this study underscores the necessity for clearer and more comprehensive legal provisions concerning the deletion (roya) of fiduciary security in order to ensure legal certainty for the parties involved.

INVESTASI CRYPTOCURRENCY SEBAGAI INSTRUMEN DALAM TRANSAKSI BISNIS

I Wayan Arka — 2025-03-25

This research is motivated by the absence of legal norms governing the use of cryptocurrency as an instrument in business transactions. The current legislative framework only regulates licensing, the trading of crypto assets, and the technical provisions for the operation of physical crypto asset markets in futures exchanges. However, it does not specifically address the use of cryptocurrency as a means of conducting business transactions. The objective of this research is to examine and understand the regulation of cryptocurrency as an investment instrument in business transactions and to formulate future regulatory frameworks that may provide legal protection for cryptocurrency users. The method used in this study is normative legal research, employing a statutory and conceptual approach. The findings of the research indicate that cryptocurrency is currently recognized as a commodity that may be traded on futures exchanges under the Commodity Futures Trading Law and further regulated by Bappebti Regulation Number 5 of 2019 concerning Technical Provisions for the Implementation of Physical Crypto Asset Markets in Futures Exchanges. However, this regulation is limited to investment purposes and does not cover the use of cryptocurrency as an instrument in business transactions. In conclusion, future regulation of cryptocurrency should be directed toward providing legal protection for its users in the context of business transactions. This includes legal mechanisms to address user losses, such as the right to void contracts (voidable) and automatic nullification (nietig van rechtswege) in cases of defective consent. Therefore, a comprehensive regulatory framework is needed to ensure the safe and legally secure use of cryptocurrency in business transactions.

IMPLEMENTASI PERATURAN GUBERNUR BALI NOMOR 26 TAHUN 2020 TENTANG SISTEM PENGAMANAN LINGKUNGAN TERPADU BERBASIS DESA ADAT TERHADAP PENGAMANAN LINGKUNGAN DI BANJAR PENAKA TAMPAKSIRING

Ni Nengah Agustin Citrawati — 2025-03-25

Article 22 of Bali Governor Regulation Number 26 of 2020 concerning the Integrated Environmental Security System Based on Traditional Villages (Desa Adat) explicitly stipulates that pecalang (traditional security personnel) who have obtained a Gada Pratama Certificate may be seconded to assist in the implementation of limited police duties. This provision underscores that the existence and number of certified pecalang are critical factors in the effective implementation of the said regulation, particularly amid increasing urbanization and rural to urban migration. This study aims to analyze the implementation of Bali Governor Regulation Number 26 of 2020 in the Traditional Village of Tampaksiring, Banjar Penaka, Tampaksiring District, Gianyar Regency, and to identify the obstacles encountered in its enforcement. The research employs an empirical legal method with a sociological (law in action) approach, focusing on societal behavior and the practical effectiveness of legal norms. The findings indicate that the regulation has been implemented through the establishment of Bankamda, which serves as the forerunner of the Sipandu Beradat system. This system is expected to function as a preventive measure to avoid conflicts and to support the police in carrying out preventive and pre-emptive security efforts. However, the implementation faces several challenges, including a lack of understanding among Bankamda members regarding their core duties and procedures, limited budget and infrastructure, and insufficient community involvement. In conclusion, Sipandu Beradat in the Traditional Village of Tampaksiring has been effectively implemented within its delegated authority. Nevertheless, to optimize its execution, improvements are needed in member training, budget allocation, and active public participation.

LEGAL ANALYSIS OF THE USE OF ELECTRIC BIKES ACCORDING TO LAW NUMBER 22 OF 2009 AND REGULATION OF THE MINISTER OF TRANSPORTATION OF THE REPUBLIC OF INDONESIA NUMBER PM 45 OF 2020

Duarte Tilman Soares — 2025-03-25

The presence of electric bicycles brings a new mobility approach that also colors the global transportation sector. In its operation, electric bicycles are indeed designed as environmentally friendly transportation that encourages the use of renewable energy. The problem of using electric bicycles began to emerge when there was a debate about the classification of electric bicycles as vehicles between several parties opposing the use of electric bicycles on the highway by several related parties. This study aims toknowing the legal regulations regarding the use of electric bicycles on sidewalks and legal certainty regarding the use of electric bicycles on sidewalks. This study uses a normative legal research methodology, namely an approach through the perspective of existing norms or in other words, a study in the form of an inventory of applicable laws. Legal regulations regarding the use of electric bicycles on sidewalks are specifically contradictory to Article 284 of Law Number 22 of 2009 concerning traffic and road transportation with Article 5 paragraph (4) of the Regulation of the Minister of Transportation of the Republic of Indonesia Number PM 45 of 2020 concerning certain vehicles using electric drives where the use of sidewalks is generally regulated in Law Number 22 of 2009 concerning Traffic and Road Transportation. Legal certainty regardinguse of electric bicycles on the sidewalkis not yet providing legal certainty because it still raises speculation in its application, between the application based on the principle of lex specialist degorat legi or its application based on the principle of Lex Superior Derogat Legi Inferiori considering that the urgency of the impact of using electric bicycles on the sidewalk can harm one party, so this conflict of norms certainly hinders the purpose of forming a policy, one of which is legal certainty.