I Nyoman Sirtha
Cultural Studies Doctoral Program of Udayana University

Published : 14 Documents
Articles

Found 14 Documents
Search

PERAN HUKUM ADAT DALAM PELESTARIAN LINGKUNGAN HIDUP DAERAH Sirtha, I Nyoman
Bumi Lestari Journal of Environment Vol 3 No 2
Publisher : Environmental Research Center (PPLH) of Udayana University

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

A traditional law (Adat Law) is one element on construction The Unwritten NationalLaw of Indonesia. On sustainable development which deals with environmental dimention inthe regional frame and in line with the spirit of regional otonomy which implys exploitate(utilize) the natural resources and biological potencies includes norms which is still practiseby the society for the human?s wealth and other creatures.Therefore, Adat Law which is till existing among the societies can play an importantrole to regulate and to constrain the human behaviors in term of environmental conservationin order to realize the harmonious and equal life
DECONSTRUCTING THE IDEOLOGY OF RESISTANCE SHOWN BY THE PEOPLE LIVING AT CANDIKUNING VILLAGE TO THE MANAGEMENT OF EKA KARYA BALI BOTANICAL GARDEN Sujana, I Wayan; Wirawan, A.A Bagus; Sirtha, I Nyoman; Dhana, I Nyoman
E-Journal of Cultural Studies Vol 9 No 1 (2016): Volume 9, Number 1, February 2016
Publisher : Cultural Studies Doctorate Program, Postgraduate Program of Udayana University

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

The people living at Candikuning Village are not involved in the management of the Eka Karya Bali Botanical Garden; however, they intend to enjoy the retribution which is received by the Botanical Garden, for which they show their resistance to the management. This article is intended to understand the ideology which has inspired the local people to argue that they are entitled to the retribution received by the Eka Karya Bali Botanical Garden.  The data were collected through in-depth interview, observation, and documentation techniques. The data were critically analyzed using the deconstruction method. Based on the analysis of the facts which had inspired the resistance shown by the local people living at Candi Kuning Village to the management of the Bali Eka Karya Botanical Garden, it could be understood that the geopolitical ideology was used as the basis of the resistance. Therefore, the management of the Bali Eka Karya Botanical Garden should give some of the retribution they received to the local people. The Botanical garden is located at Candikuning Village or part of the area of Candikuning Village. However, the village had never received any retribution from the Botanical Garden. The management should remember the proverb ?di mana bumi dipijak di situ langit dijunjung? (we should adjust ourselves to the environment where we stay), based on the philosophy of Tri Hita Karana, meaning that the management should give retribution to the temple located at the area of the Botanical Garden.
GLOBAL-LOCAL ENVIRONMENT CERTIFICATION AT FIVE STAR HOTELS IN TOURISM AREA OF NUSA DUA, BALI Suci Murni, Ni Gst Nym; Anom Kumbara, AAN; Sirtha, I Nyoman; Mudana, I Gede
E-Journal of Cultural Studies Volume 7, Number 2, May 2014
Publisher : Cultural Studies Doctorate Program, Postgraduate Program of Udayana University

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

The research aims to examine the various form of environment certification, ideology behind the practice of green tourism (global award) and Tri Hita Karana (local award), and the implication of environment practice at five star hotel in Nusa Dua tourism area. The data of the reserach was assessed by postmodern critical theory (theory of discourse regarding power/knowledge, hegemony theory, practice theory, and theory of deep/shallow ecology. The method used in this cultural studies is the qualitative one, where the data collection were obtained through direct observation, in-depth interviews, and related documentation. The sample used 6 five star hotels which practise green award, of 14 established five star hotels (some hotel is not in full operation).  The results showed that (1) there are some variation of environment practice in five star hotel, (2) ideology working behind these practices can be seen from global ideology in the form of sustainable development deriving green tourism, and the local ideology, in the form of Tri Hita Karana (THK) used in THK award, (3) implication of global-local invironment practice in tourism area and surrounding.
KEWENANGAN KEPALA DAERAH DALAM PENETAPAN IZIN PEMANFAATAN RUANG DI KABUPATEN BADUNG Pradnyani, I Gusti Ayu; Sirtha, I Nyoman
Kertha Negara : Journal Ilmu Hukum Vol. 01, No. 06, September 2013
Publisher : Kertha Negara : Journal Ilmu Hukum

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

This paper has the title "Head of the Authority in the determination of land use permits in Badung regency". Regional Head has the authority to grant the motion control functionality to the growing development of the construction so as not to deviate from what is prescribed by the Government. The research method used is a normative legal research methods, research done by the rule of law and legislation. In this paper the issues raised is how the head of the local authority in setting the permit utilization of space in Badung regency and how the presence of associated permits the use of space in the arrangement of space in Badung regency. Conclusion authority in setting the regional head permits the utilization of space in Badung regency is the Regional Head and issued the permit in the presence of space utilization in Badung regency is the direction in controlling the spatial arrangement.
THE MODIFICATIONS OF SPIRITUAL HEALING IN BALI TOURISM Sutarya, I Gede; Sirtha, I Nyoman
E-Journal of Tourism Volume 4 Number 1 (March 2017)
Publisher : Doctoral Program in Tourism Udayana University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24922/eot.v4i1.30167

Abstract

Spiritual healing is a health development through a kind of spiritual activities like mantra, religious symbols, rituals, breathing, and meditation that have entered into the tourism of Bali. The study reveals the modifications of spiritual healing in Bali tourism. The research was conducted in Ubud Tourism Region and in the Region of Muncan. This study is a qualitative research. The collection of data was conducted through literature study, observation and interviews. The analysis was conducted qualitatively by classification, interpretation and inference. Modification of spiritual healing in Bali tourism occurred as a result of the dialogue among tourists with healers or local gurus.This modification revises and adds spiritual healing, by maintaining the native gurus and the native rituals of Bali. Native gurus and native rituals of Bali are the expectation of the spiritual healing of foreign tourists in Bali. This expectation is manifest in the longing for gurus and the development of authentic atmosphere. Thus, the native gurus and the native Balinese ritual are augmented products in the Bali spiritual healing in the face of competition from similar products. This indicates that Bali must retain its image as the original source of spiritual healing in the world.
SOCIO-POLITICAL DYNAMICS TAKING PLACE AT KUTA TRADITIONAL VILLAGE, BALI: FROM DESA ADAT (TRADITIONAL VILLAGE) TO DESA PEKRAMAN (ANOTHER TYPE OF TRADITIONAL VILLAGE) IN THE PERSPECTIVE OF CULTURAL STUDIES Wesna Astara, I Wayan; Parimartha, I Gde; Sirtha, I Nyoman; Mariyah, Emiliana
E-Journal of Cultural Studies Vol. 4, No. 2 Juli 2010
Publisher : Cultural Studies Doctorate Program, Postgraduate Program of Udayana University

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

This research explores the socio-political dynamics taking place at KutaTraditional Village, Bali: from desa adat (traditional village) to desa pekraman (anothertype of traditional village) in the perspective of cultural studies. There are three problemsformulated in this research. The first problem is how the socio-political dynamics fromdesa adat (traditional village) to desa pekraman (another type of traditional village) tookplace at Kuta? The next problem is how the traditional village interacted with theadministrative village at Kuta? And the last problem, which is the third, is what were theimpacts and meanings of the change from desa adat to desa pekraman? In this studyqualitative method was employed. And the data needed was obtained by employing thetechnique of in-depth interview, the technique of participatory observation, anddocumentation study. To give responses to the problems mentioned above, the theory ofhegemony, the theory of deconstruction, the theory of conflict, the theory of power andknowledge and the theory of eclectically symbolic interaction were applied.The findings show that the socio-political dynamics taking place Kuta TraditionalVillage resulted in turbulence among the villagers. This is indicated by the Local Rulesand Regulations (Perda) issued by Desa Pekraman of Number 3 of Year 2001. Thiscould be responsible for the factors of pro?s and con?s in various aspects. Clause (6) ofArticle 3 of the Perda of Number 3 of Year 2001 was reversed by the leaders of KutaTraditional Village. They did not agree that non-Hindu people were included as thetraditional village members.As far as the interaction between the traditional village and the administrativevillage is concerned, the governmental hegemony took place. The government appliedhegemony to the traditional village through the administrative village in the form of rulesand regulations. The local rules and regulations issued by the desa pekraman, as a legalproduct in Bali, are left crystallized sociologically, philosophically, and juridically. However, the dynamism of the traditional villagers in Bali will ?justify? to what extentsuch rules and regulations are justified and to what extent they are protective. The changeof the Perda issued by the desa adat into that issued by the desa pekraman was notfollowed by Kuta Traditional Village by replacing the awig-awig (rules and regulations)issued by the desa adat or making loose agreements to adapt to the higher rules andregulations in addition to anticipating the migrants through the change in rules andregulations applicable at Kuta Traditional Village. Basically, the socio-political dynamicstaking place at Kuta Traditional Village as a consequence of the change made from desaadat to desa pekraman resulted in no important things. However, from the ?substance?point of view, the change can be seen in the formation of Majelis Desa Pekraman (theAssembly of Desa Pekraman) (Article 14), which is formed from below, and in theappearance of pecalang (traditional security) which is responsible for the security andorderliness of the village area especially when traditional and religious activities areperformed. Actually, pecalang is an ?old product? which is newly packaged with ?newenthusiasm? and is included in the Perda of Number 3 of Year 2001 issued by the DesaPekraman . The meanings created by the change made from Desa Adat to DesaPekraman are transformational, dialogic and dynamic. The desa pekraman is in the ongoingprocess (which will never come to an end) of being integrated into theadministrative village.The findings show that there were multiple interpretations given by the leaders ofKuta Traditional Village, as far as the articles in the Perda issued by the Desa Pekramanare concerned, governmental hegemony which was in the form of Rules and Regulationsas the social transformation of the State by which villages are organized.
PENCANTUMAN HAK OPSI PERPANJANGAN JANGKA WAKTU SEWA DALAM PERJANJIAN SEWA MENYEWA RUMAH (Studi Kasus Putusan Pengadilan Negeri Denpasar Nomor 467/Pdt.G/2014/PN.Dps) Jagat Krisno, Anak Agung Dalem; Sirtha, I Nyoman; Rudy, Dewa Gde
Acta Comitas Vol 3 No 2 (2018)
Publisher : Universitas Udayana

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24843/AC.2018.v03.i02.p01

Abstract

KUHPerdata, UU No. 1 Tahun 2011 dan PP No. 14 Tahun 2016 tidak mengatur seara tegas mengenai ketentuan hak opsi. Sedangkan dalam praktek, perjanjian sewa menyewa rumah yang mencantumkan klausula hak opsi perpanjangan jangka waktu sewa telah menimbulkan sengketa antara para pihak dipengadilan. Adapun rumusan masalah yang akan dibahas dalam tesis ini adalah 1). Apakah putusan pengadilan negeri Denpasar nomor 467/Pdt.G2014/PN.Dps berkaitan dengan hak opsi perpanjangan jangka waktu sewa sudah sesuai dengan prinsip-prinsip hukum perjanjian? 2). Apa akibat hukum dari penantuman hak opsi perpanjangan jangka waktu sewa dalam perjanjian sewa menyewa rumah? Jenis penelitian dalam tesis ini adalah penelitian hukum normatif karena beranjak dari kekosongan norma dalam KUHPerdata, UU No. 1 Tahun 2011 dan PP No. 14 Tahun 2016 terkait dengan hak opsi untuk perpanjangan jangka waktu sewa. Jenis pendekatan yang digunakan adalah pendekatan perundang-undangan, pendekatan analisa konsep hukum dan pendekatan kasus. Sumber bahan hukum yang digunakan adalah bahan hukum primer, bahan hukum sekunder dan bahan hukum tersier. Teknik pengumpulan bahan hukum dilakukan dengan cara studi dokumen. Teknik analisis bahan hukum yang digunakan adalah teknik deskripsi, evaluasi, dan argumentasi. Hasil penelitian terhadap permasalahan yang dikaji adalah putusan pengadilan negeri yang mengesampingkan hak opsi yang dimiliki penyewa adalah tidak sesuai dengan prinsip hukum perjanjian yaitu prinsip pactasuntservanda, prinsip itikad baik dan prinsip kepatutan. Pihak penyewa memiliki hak opsi untuk memperpanjang jangka waktu sewa sesuai tertuang dalam perjanjian sewa menyewa rumah dan pelaksanaan hak opsi tersebut dilakukan dengan itikad baik.
LOCAL COMMUNITY’S PARTICIPATION IN DEVELOPING NUSA DUA TOURIST AREA (IN THE PERSPECTIVE OF CULTURAL STUDIES) Madiun, I Nyoman; Ardika, I Wayan; Sirtha, I Nyoman; Suradnya, I Made
E-Journal of Cultural Studies Vol. 3, No. 1 Januari 2009
Publisher : Cultural Studies Doctorate Program, Postgraduate Program of Udayana University

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

That the management of various potentials has been essential in developing Balitourism has made planning one of the important elements which should be seriously andcarefully done in order to be able to control various environmental and cultural effectsresulting from the development of tourist sector. To make such a condition come true, theparticipative role of the local community as the owner of the area is very essential andcannot be bargained. In reality, however, the community?s participation cannot be easilyconducted.In this study, the theories of hegemony, deconstruction, criticism, power/knowledge, and conflict are employed. The data were obtained by observation, interview,documentation, and library research. The data were qualitatively analyzed and descriptivelypresented.The research findings show various forms of the community?s participation such asmanipulative participation, coersive participation, induced participation, and spontaneousparticipation.The factors motivating the community to participate are: the Availability ofPotential Qualified Resources, the Appearance of Tourism-Oriented New Paradigm inDevelopment among the Local Community Members, the Desire of Obtaining EconomicUsefulness, the Influence of Modernization on the Local Community Life, the Prospect ofComplementary Businesses in the Future, and the Desire of Establishing an AutonomousCommunity.The meaningfulness of the local community?s participation in developing NusaDua Tourist Area refers to the meaningfulness of Adherence to Rules, Economy, Pluralismand Multiculturalism and of Competition. There are two findings in this study; they are: (a)there is hegemony over the local community?s rights and (b) the local community is gettingmarginalized in getting access to opportunities.
ALTERNATIVE DISPUTE RESOLUTION IN BANYUMAS REGENCY: IN THE PERSPECTIVE OF CULTURAL STUDIES Hudijono, Singkir; Sirtha, I Nyoman; Parimartha, I Gde; Suastika, I Made
E-Journal of Cultural Studies Vol. 4, No. 1 Januari 2010
Publisher : Cultural Studies Doctorate Program, Postgraduate Program of Udayana University

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

This study discusses about an Alternative Dispute Resolution in BanyumasRegency as a non-litigation dispute resolution. The problem observed was a breakthroughtaken by the Society in Banyumas Regency in overcoming the so far deadlock of lawenforcement and the attitude of not trusting the justice enforcement. It has been a publicsecret that the dispute resolutions employing the legal centralism paradigm have beendominated by the judicial network. This has caused the acknowledgement of the state lawto decrease, being a commodity that can be traded. The research aims at finding out anddescribing how the alternative dispute resolution (ADR) emerges as an alternativemechanism in deconstructing the legal centralism; interpreting and describing what ismeant by the alternative dispute resolution (ADR) in the development of progressive law.This research was conducted employing qualitative method. In this context, theresearcher explored various pieces of related information with the reason that the societyin Banyumas Regency has chosen the alternative dispute resolution mechanism as themechanism in deconstructing the legal centralism. The research was conducted asfollows: the problems were identified, the theories for analyzing the data were selected,the primary and secondary data were collected, the collected data were analyzed andinterpreted, and finally, the results of the research were written and constructed. Thetheories employed were critical legal studies, deconstruction, and large narration criticismtheories.The results of the research show that: firstly, the alternative dispute resolution hasemerged because of the awakened local knowledge, as the form of anticipation to theineffective formal law domination. With regard to the effect of global intercourse, thealternative dispute resolution has emerged because of the refusal against the culturalhomogeneity. Secondly, the implementation of the alternative dispute resolution hasbecome the preferred mechanism in deconstructing the law centralism because it can beimplemented effectively and efficiently, and ensures the win-win solution. Thirdly,denotatively, the alternative dispute solution reduces the confronting and antagonisticconceptions. Connotatively, the alternative dispute resolution is the legal culture ofBanyumas society. It has functioned as the legal dynamisator creating and implementinglaw.
DAMPAK PERKEMBANGAN PEMBANGUNAN SARANA AKOMODASI WISATA TERHADAP PARIWISATA BERKELANJUTAN DI BALI Evita, Rossi; Sirtha, I Nyoman; Sunarta, I Nyoman
Jurnal Ilmiah Pariwisata Volume 2 No.1 Hal 109-222 September 2012
Publisher : Jurnal Ilmiah Pariwisata

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

The tourism industry is one of the largest industries in the world. The tourism industry can absorb the labor force in large numbers, to increase income and economy and can provide a large contribution to a country. As one of the world's largest industry, tourism development is expected to boost the economy so as to improve the welfare of the community in which tourism is developed. The development of tourism must be supported by all aspects and tourism support facilities such as: place of accommodation (accommodation facilities: e.g. hotels, villas, etc.), restaurant, travel agent, money changer, transportation, infrastructure and tourism destinations that are offered to tourists. The aim of this research is to determine how the impact of the construction of tourist accommodation facilities, especially construction of villas in Bali towards sustainable tourism and fatherly looking out strategies that must be done to achieve sustainable tourism in Bali in the future. Type of data used was qualitative and quantitative data obtained from literature study, documentation and interviews via email. The analysis uses descriptive qualitative analysis method. The results showed that in terms of economic development of the construction of the villa has a positive impact on increasing revenue. In addition to the positive impact on increasing revenue, negative impact that posed that is productive agricultural land is reduced so that the diminishing agricultural output each year, and pollution to the environment. In realizing sustainable tourism required an appropriate strategy like development of ecotourism and government policies as well as good cooperation between the government and the tourism industry.