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All Journal Jurnal Analogi Hukum
Ni Luh Mahendrawati
Fakultas Hukum, Universitas Warmadewa, Denpasar-Bali

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Perlindungan Konsumen Laundry Dalam Perjanjian Baku Pada Usaha Cha Cha Laundry Ni Nyoman Diah Widiasih; Ni Luh Mahendrawati; Desak Gde Dwi Arini
Jurnal Analogi Hukum Vol. 3 No. 1 (2021): Jurnal Analogi Hukum
Publisher : Fakultas Hukum Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/ah.3.1.2021.96-100

Abstract

A Service wash or known as laundry has made many people easier in working because it could save their daily life. However, most of the consumers are aggrieved by the standard form contract between two parties where the therms and contracts are set by one of the parties. The formulation of the problems in this study are 1. What is the form of consumer protection for laundry against laundry standard agreements? 2. What are the legal consequences if there is default on the laundry standard agreement? The research method used is an empirical method. In the case, this contract is set by the owner whose ability is higher to negotiate more favorable terms. Therefore, there is a need for legal protection for laundry consumers according to the Consumer Protection. Both parties-the owner and consumer-are wired to make deals if it is associated with the article 1320 on Indonesian Civil Code. The protections law for the consumer of the laundry service regarding to the standard form contract is the owner is obligated to pay damages if he/she is in default or tort. Whereas, if there is a default on laundry service’s strandard from contract, it can be canceled by law, because the owner should pay damages as the consumer has rights and obligations as had been regulated in article 4 and 5 of act number 8, 1999 on Consumer Protection.
Perlindungan Hukum Hak Cipta Tari Pendet Menurut Undang-Undang Nomor 28 Tahun 2014 Ni Putu Epy Nariasih; Ni Luh Mahendrawati; Ida Ayu Putu Widiati
Jurnal Analogi Hukum Vol. 3 No. 1 (2021): Jurnal Analogi Hukum
Publisher : Fakultas Hukum Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/ah.3.1.2021.111-115

Abstract

The country of Indonesian has a variety of cultures that cause the tourism industry to develop very rapidly; often many Indonesian cultures are claimed by other countries. Related to this there are two main problems, namely: 1. how is protection of Pendet Dance copyright violations according to Law Number 28 of 2014? The research used is normative legal research with a statutory approach. The result of the study shows that Pendet art is a cultural heritage that needs to be protected. Copyright legal protection for Pendet dance in the legal protection that can be given is, namely conducting an inventory and documentary by compiling a database. Legal protection is given ina repressive and preventive manner. Repressive legal protection, namely legal protection efforts carried out by the state if there are claims from other countries on folklore in Indonesia, therefore the inventory and documentary effort that have been compiled in the database by the authorized ministry to do so. Copyright legal protection for folklore, especially in pendet dance in Indonesian is still not optimal. Namely by preservation and continue to introduce pendet dance folklore to the wider community for the richness of traditional culture owned by the Indonesian state. Legal consequences that can be made if there has been a copyright violation, then the enforcement of copyright law can be pursued through two paths. Namely the civilian route by filing civil lawsuits and criminal lines with criminal charges.
Pengaturan Predatory Pricing Transportasi Online Dalam Perspektif Hukum Persaingan Usaha Ni Putu Yuley Restiti; Ni Luh Mahendrawati; Ni Made Sukaryati Karma
Jurnal Analogi Hukum Vol. 3 No. 1 (2021): Jurnal Analogi Hukum
Publisher : Fakultas Hukum Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/ah.3.1.2021.129-134

Abstract

In the business world, competition between business people is common. Business actors that conduct fair business competition will have a positive impact on the course of competition between other business actors. However, in reality there are also business actors who conduct business competition in unhealthy ways that will adversely affect the balance in business competition. The problems of this study are: 1) What is the predatory pricing arrangement in business competition in Indonesia and 2) What is the relevance of promotion as an online transportation marketing tool for legal arrangements for predatory pricing. The research method used is a normative legal research method so that the problem approach used is the legal, conceptual, and case approaches and uses primary and secondary legal materials. So that legal material collection techniques used are documentation techniques by processing and analyzing legal materials that have been collected using legal arguments. As for the results of this research are the regulation regarding the prohibition on practicing predatory pricing is contained in Article 20 of Constitution No. 5 of 1999 concerning Prohibition of Monopolistic Practices and the relevance of promotion as a means of online transportation marketing to the legal arrangements of predatory pricing in Constitution No. 5 of 1999 which has not regulated excessive promotion at a very low price which can lead to elements of predatory pricing practices.