TINJAUAN YURIDIS TERHADAP PEMBATASAN KEGIATAN UNJUK RASA OLEH MAJELIS DESA ADAT DALAM PERSPEKTIF HAK ASASI MANUSIA (KEPUTUSAN MAJELIS DESA ADAT PROVINSI BALI NOMOR: 08/SK/MDA-PBali/X/2020)
DOI:
https://doi.org/10.23887/jkh.v8i2.51951Abstract
The purpose of writing this thesis is for these matters: (1) to find out and analyze the legal force of Kep. MDA 08/SK/MDA-PBali/X/2020 against traditional villages in Bali in relation to restrictions on demonstrations at the traditional village of Wewidangan; (2) to find out and analyze the existence of Kep. MDA. 08/SK/MDA-PBali/X/2020 which is viewed from the perspective of human rights. This thesis is classified as a normative research which uses 2 types of approaches, namely the statutory approach and the conceptual approach. The legal materials in this thesis were collected using document study techniques and then analyzed qualitatively. Based on the research results, it is known that Kep. MDA 08/SK/MDA-PBali/X/2020 has binding legal force against traditional villages in Bali. This opinion is based on 3 considerations, namely: (1) the arrangement of Kep. MDA 08/SK/MDA-PBali/X/2020 is in accordance with the theory of Catur Praja and in line with the concept of the rule of law; (2) according to the considerations from Kep. MDA 08/SK/MDA-PBali/X/2020, it is known that the a quo decree was born after the traditional village in Bali stipulates and enforces Pararem for the Prevention and Control of Gering Agung Covid-19; and (3) Kep. MDA 08/SK/MDA-PBali/X/2020 is an implementation of the Bali Mawacara principle as referred to in Regional Regulation Number 4 of 2019. Furthermore, Kep. MDA 08/SK/MDA-PBali/X/2020 could not be qualified as a violation of human rights. Based on the principle of siracausa, the International Covenant On Civil And Political Rights 1966, and the provisions of Article 28 J of the 1945 Constitution of the Republic of Indonesia, the a quo decision can actually be used as a means to respect, protect, and fulfill human rights for every Balinese citizen, especially karma desa, krama tamiu, and guests who are in the traditional village of wewidangan.
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- Authors retain copyright and grant the journal right of first publication, with the work [SPECIFY PERIOD OF TIME] after publication simultaneously licensed under aCreative Commons Attribution License that allows others to share the work with an acknowledgement of the work's authorship and initial publication in this journal.
- Authors are able to enter into separate, additional contractual arrangements for the non-exclusive distribution of the journal's published version of the work (e.g., post it to an institutional repository or publish it in a book), with an acknowledgement of its initial publication in this journal.
- Authors are permitted and encouraged to post their work online (e.g., in institutional repositories or on their website) prior to and during the submission process, as it can lead to productive exchanges, as well as earlier and greater citation of published work (See The Effect of Open Access).
