I Nyoman Sujana’s research while affiliated with Warmadewa University and other places

To support the economic growth of the Indonesian people in general and the Balinese people in particular, most of whom are in the tourism sector, the Government has enacted several laws and regulations, including Law Number 11 of 2020 concerning Job Creation. The enactment of the Job Creation Law provides discretion to micro and small businesses in terms of establishing a legal entity whose establishment does not require a notary deed, and even the founder and shareholder only need one person. Companies that meet the criteria for micro and small businesses will receive the facilities as stipulated in the Job Creation Law. This will be very beneficial for Shareholders of Individual Companies.

Purpose:A notary is a public official who must provide services to the community; it is desired to be included in responding to the progress of the times, especially those related to the use of technology through teleconferences. Teleconference is a human association or association that is carried out at a far radius using electronic means.Methodology:The type of research used is normative legal research. The object under study is legal norms, namely related to norms contained in article 16 paragraph (1) letter (m) UUJN-P confirms that a notary must be physically present and sign the deed in the presence of appearers and witnesses. In fact, with technological advances that are very supportive, appearers and witnesses may not be physically present, for example, by holding a teleconference.Findings:The results of this study are that the formality of an authentic deed read by a Notary via teleconference media via video is valid and must have completed parameters related to evidence so that the norm of proof is explained, namely that a proof given at trial is valid as evidence, fulfilling all formal and material aspects.Implication:Regarding the deed that is permitted to use video conferencing media in the form of a general meeting of shareholders (GMS), where the parties are not required to be present at the preparation of the deed, it is enough to be replaced by someone to come to the notary. The signing of the deed in this era of digitalization has yet to have full proof.

Pengabdian kepada Masyarakat ini difokuskan untuk mensosialisasikan legalitas hukum penguasaan tanah pesisir pantai oleh orang asing di Bali untuk kepentingan bisnis kepariwisataan. Metode yang digunakan adalah penelitian hukum empirik dengan pendekatan peraturan perundang-undangan, pendekatan konseptual, pendekatan sosiologis dan pendekatan kasus. Berdasarkan pada teori kewenangan, teori kemanfaatan dan teori perlindungan hukum sebagai pisau analisis dapat dipahami bahwa bisnis kepariwisataan di Bali tidak bisa dilepaskan dari keberadaan orang asing. Demikian pula terhadap penguasaan tanah pesisir pantai di Bali-pun tidak luput dari penguasaan orang asing, baik melalui investasi legal maupun ada pula yang illegal dengan memanfaatkan kerjasama saling menguntungkan antara penduduk local, maupun dengan prajuru Desa Ada atas dasar untuk berbagi keuntungan. Masyarakat Bali yang memiliki keunikan budaya dengan nuansa agama Hindu didalam kehidupan sehari-hari maupun dalam menjalankan bisnis dibidang kepariwisataan selalu berlandaskan pada “Falsafah Tri Hita Karana” yang terwujud dalam perilaku yang sangat menjaga hubungan harmonis antara “Manusia dengan Tuhan”, Manusia dengan Alam, dan “Manusia dengan Manusia lainnya”. Dalam falsafah inilah tercermin asas itikad baik dalam berinvestasi, sehingga penguasaan tanah pesisir pantai oleh orang asing untuk kepentingan bisnis kepariwisataan wajib hukumnya menghormati asas yang sangat mulia ini ; namun dalam fakta empiris ternyata penguasaan tanah-tanah pesisir pantai di- Bali oleh orang asing berkedok kerjasama saling menguntung ternyata cenderungan merugikan pemanfaatan desa adat dalam melaksanakan nilai-nilai religious yang melekat pada tanah-tanah pesisir tersebut. Dalam konsep kerjasama yang saling menguntungkan tersebut justru terkandung adanya itikad tidak baik dari orang asing untuk menguasai tanah Bali hanya untuk mendapatkan keuntungan pribadi dengan mengorbankan alam Bali yang dibungkus dengan Kerjasam saling menguntungkan.

Purpose:Electronic transaction certification is another form of authority a notary possesses, and more study still needs to be done on this matter. Hence, this research attempts to examine this matter in more depth. The rapid development of technology has given birth to convenience for human life, including in law, especially notaries. The existence of a cyber notary formulated in Article 15 paragraph (3) of the Notary Office Law gives a notary the authority to certify transactions electronically.Methodology:The method chosen for this research is normative legal research by analyzing and interpreting legal and social facts.Findings:This authority still needs clear guidelines, so it is necessary to have a formulation regarding its regulation.Implication:Based on the theory of authority, a notary has the right to certify transactions electronically which is included in attributive authority and is a derivative of the law. It is appropriate that the authority to certify electronic transactions is further regulated so that later it will facilitate the work of notaries and follow utilitarian theory, where good law can provide the broadest possible benefits for society.

Purpose:A notary is a public official who must provide services to the community; it is desired to be included in responding to the progress of the times, especially those related to the use of technology through teleconferences. Teleconference is a human association or association that is carried out at a far radius using electronic means.Methodology:The type of research used is normative legal research. The object under study is legal norms, namely related to norms contained in article 16 paragraph (1) letter (m) UUJN-P confirms that a notary must be physically present and sign the deed in the presence of appearers and witnesses. In fact, with technological advances that are very supportive, appearers and witnesses may not be physically present, for example, by holding a teleconference.Findings:The results of this study are that the formality of an authentic deed read by a Notary via teleconference media via video is valid and must have completed parameters related to evidence so that the norm of proof is explained, namely that a proof given at trial is valid as evidence, fulfilling all formal and material aspects.Implication:Regarding the deed that is permitted to use video conferencing media in the form of a general meeting of shareholders (GMS), where the parties are not required to be present at the preparation of the deed, it is enough to be replaced by someone to come to the notary. The signing of the deed in this era of digitalization has yet to have full proof.

Purpose:This Article analyzes the inheritance rights of children of extramarital in the perspective of Balinese Customary Law after Constitutional Court Decision Number 46/PUU-VIII/2010. This study is focused on the children born with extramarital inheritance as regulated under the customary law in Bali after the issuance of the Constitutional Court Decision regarding children of extramarital.Methodology:This research is conducted with normative legal methods by applying the statutory, conceptual, and case approaches. The theory of justice and legal certainty is applied as the tools for analyzing legal issues as the focus of the study.Findings:After the analysis, it can be understood that the inheritance rights of children born extramarital under customary law in Bali are still marginalized because for them to obtain the position of being an heir, the Balinese customary law and community still consider legal marriage as determining point whether a person can become an heir or not.Implication: Even though the Supreme Court Decision determines that the biological father has a civil relationship with a child born extramarital, providing that it can be proven by science or technology and or for other evidence under the applicable laws and regulations or other supporting evidence legally, but if the ratification is not carried out for husband and wife relationship through a religious ceremony as referred to in Article 2 Paragraph (1) of the Marriage Law, then a child born of extramarital still has no relationship in terms of inheritance to his father's kinship lineage or patrilineal kinship lineage. Children born of extramarital have an inheritance relationship with their mother or their mother's family.

The focus of the study in this paper is the legal aspects of coastal land control by foreigners in Bali to benefit the tourism business. In analyzing these legal issues, the author uses empirical legal research methods with a statutory approach, a conceptual approach, a sociological approach, and a case approach. Based on the theory of authority, the theory of expediency, and the theory of legal protection as an analytical knife, the tourism business in Bali cannot be separated from the existence of foreigners. Similarly, the control of coastal land in Bali-pun does not escape the control of foreigners, both through legal investment and some illegal, by utilizing mutually beneficial cooperation between residents and with prajuru Indigenous Villages on the basis of sharing profits.It is in this philosophy that the principle of good faith in investing is reflected so that the possession of coastal lands by foreigners for the benefit of the tourism business is obliged to respect this very noble principle; however, in empirical facts, it turns out that the control of coastal lands in Bali by foreigners under the guise of mutually beneficial cooperation is likely to harm the use of indigenous villages in carrying out the religious values attached to these coastal lands. So that in this case, the concept of mutually beneficial cooperation is contained in the lousy faith of foreigners to control the land of Bali to get personal benefits at the expense of Balinese nature wrapped in mutually beneficial Works.

This paper analyses the meaning of the phrase of being temporary unable to carry out his position as a Notary. The focus of the study in this paper is regarding the phrase unable to carry out his position as a notary as referred to in Article 1 point 3 UUJN jo. UUJN-P. The method used is a normative legal writing method, using a statutory approach, a case approach, and a conceptual approach that is also supported by a factual approach. As an analytical tool for the legal issues studied, the author uses the theory of legal certainty and the theory of hermeneutics. These two theories are used because this paper aims to analyse clearly the meaning of the phrase unable to carry out his position as a notary, so that it does not cause multiple interpretations. The legal materials used are primary legal materials in the form of legislation related to the Notary Position, which is complemented by secondary legal materials in the form of reputable journals and the latest literature. Based on the results of the analysis, it can be found that the meaning of the phrase temporary absent can be interpreted as a form of leave granted by UUJN and UUJN-P with a maximum of 12 years, except for a notary who is appointed as a state official. Serving as a state official, and should not be interpreted as a temporary dismissal. The purpose of this analysis is to provide legal certainty over the meaning of the phrase unable to carry out his position as a notary.

This paper analyzes the dilemma of resolving bad loans of the Village Credit Institution (LPD) in the Covid19 Pandemic Era. The focus of the study is the problems faced by the Village Credit Institution (LPD) in resolving bad loans in Bali Province during the COVID-19 pandemic era. This study was conducted because LPDs in Bali experienced difficulties in securing credit even though the collaterals or guarantees were imposed with a mortgage as well as a Fiduciary during the Covid 19 period. As an analytical device on the legal issues studied, the author applied the theory of the welfare state with a statutory approach, a conceptual approach, a sociological approach, and a case approach. Based on the results of the study, it is found that the settlement of bad loans at the LPD is in a dilemma. “Internally“ the LPD noticed that the debtors, members of the traditional village, are taking refuge behind the Covid-19 pandemic situation, and denied their obligations. In the collateral cases, even though Mortgage Rights have been imposed with a fiduciary, settlement is about to be carried out, it turns out to be controlled by a third party who is a member of the Customary Village to execute loan settlement through the expropriation of the collateral by execution parate. This type of action is not allowed based on the principles of Balinese customary law paras, parosegilikseguluk, sarpanayasabayantaka. In this case, the LPD should go back to court. Meanwhile, “externally” the economic atmosphere affected by the Covid-19 pandemic has not yet recovered. Therefore, LPD faces a difficult choice between settling bad loans to recover the cash flow of a company, and taking measures to save credit by rescheduling, restructuring, and reconditioning. This rescue measure has become a heavy burden for LPDs to fulfill their obligations to credit customers.

Penelitian ini bertujuan untuk mengetahui dan menganalisis tentang eksistensi dan implementasi pembuatan akta postnuptial agreement pasca Putusan Makamah Konstitusi Nomor 69/PUU-XIII/2015 (selanjutnya disebut Putusan MK 69/2015) di Wilayah Kota Denpasar. Pada intinya, Putusan Putusan MK 69/2015 memberikan peluang bahwa perjanjian kawin dapat dibuat selama perkawinan berlangsung (postnuptial agreement). Untuk menjaga agar nilai keadilan dapat terwujuddengan baik, maka dibutuhkan telaah tentang implementasi pembuatan akta postnuptial agreement. Berdasarkan hal tersebut, maka selanjtunya dapat dirumuskan 2 permasalahan sebagai berikut: (1) bagaimanakah eksistensi pembuatan akta postnuptial agreement pasca Putusan MK 69/2015 di Wilayah Kota Denpasar?; (2) bagaimanakah implementasi pembuatan akta postnuptial agreement pasca Putusan MK 69/2015 di Wilayah Kota Denpasar? Penelitian ini merupakan penelitian hukum empiris dengan sifat deskriptif-kualitatif. Berdasarkan hasil peneltian, diketahui bahwa pembuatan akta postnuptial agreement oleh notaris pasca Putusan MK 69/2015 di wilayah Kota Denpasar terbukti eksis dan pertama kali dibuat pada tahun 2017. Adapun implementasi pembuatan akta postnuptial agreement oleh notaris pasca Putusan MK 69/2015 di wilayah Kota Denpasar belum berjalan efektif, karena 2 alasan, yakni perbedaan pandangan tentang perhitungan penetapan waktu pemberlakuan akta postnuptial agreement di intern profesi notaris dan kurangnya pemahaman tentang urgensi perjanjian kawin di kalangan masyarakat di wilayah Kota Denpasar.