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All Journal KERTHA WICAKSANA Jurnal Analogi Hukum
Arini, Desak Gde Dwi
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Law, Crime, Criminology & Criminal Justice

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Implementasi Peraturan Walikota Denpasar Nomor 9 Tahun 2009 Tentang Penataan dan Pembinaan Pasar Tradisional, Pusat Perbelanjaan dan Toko Modern Dewi, Ni Kadek Diah Sri Laksmi; Mahendrawati, Ni Luh; Arini, Desak Gde Dwi
Jurnal Analogi Hukum 22-26
Publisher : Fakultas Hukum Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/ah.3.1.2021.22-26

Abstract

he development of the business world in Indonesia is fairly rapid, one of which is a network retail business or minimarket, so it spurs a variety of new problems relating to the practice of business activities in the field. So that the government must be able to make a regulation in order to prevent and overcome problems that will or are arising. The problems of this study are: 1) How to structuring and fostering traditional markets, shopping centers and modern stores based on Denpasar Mayor Regulation Number 9 of 2009 and 2) Does the existence of modern stores lead to monopolistic practices and unfair business competition. The research method used is the method of empirical legal research so that the problem approach used is a sociological or research approach with the aim of obtaining legal knowledge by plunging directly into the objectThe results of the study can be concluded that the Mayor of Denpasar Regulation Number 9 of 2009 concerning the Arrangement and Development of Traditional Markets, Shopping Centers, and Modern Stores does not make clear rules for minimarket businesses, so that if the development of the minimarkets is allowed to continue without any rules binding will become the center of monopolistic practices that have the potential to undermine fair business competition between traditional market traders and modern shop business people as well as between modern store business actors.
Perlindungan Konsumen Laundry Dalam Perjanjian Baku Pada Usaha Cha Cha Laundry Widiasih, Ni Nyoman Diah; Mahendrawati, Ni Luh; Arini, Desak Gde Dwi
Jurnal Analogi Hukum 96-100
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.
Perjanjian Pinjam Meminjam Uang Antara Renternir Dengan Konsumen di Pasar Desa Adat Mengwi Prihandani, Ni Ketut Diah; Arini, Desak Gde Dwi; Ujianti, Ni Made Puspasutari
Jurnal Analogi Hukum 47-51
Publisher : Fakultas Hukum Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/ah.3.1.2021.47-51

Abstract

The debts or lending money is one of those things that is never ended, in the practiced borrowed money related to loan shark and consumer borrowed to practiced of the money between loan shark and consumer, that is many to founded in Desa Adat Mengwi market which debt agrement among loan shark and consumer is agrement among the two parties is sometimes weaknes of law. So if a default occurs in this agrement it will be difficult to reselved, based on the problem, two problem statements can be formulated 1. How legitimate the loan agrement is between loan shark and consumer in the Desa Adat Mengwi market and, 2.What legal efforts will do if there is a default on consumers. In solving those problem, the settlement method used is an empirical research method. With research directly collecting data used through interview and used the sociology approach, from the result of real research. Legitimate lending and borroming agrements among loan shark and consumers in Desa Adat Mengwi market guided by justice, that is the evert of default between loan shark and consumer and debt agrement, this is the factor that from consumers thenselves and affort to solve that are used are non litigation or community.
Perlindungan Hukum Terhadap Tenaga Kerja Indonesia di Luar Negeri Dewi, Ni Kadek Sintia; Arini, Desak Gde Dwi; Suryani , Luh Putu
Jurnal Analogi Hukum 37-41
Publisher : Fakultas Hukum Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/ah.3.1.2021.37-41

Abstract

Indonesian Workers, hereinafter referred to as TKI, are every Indonesian citizen who meets the requirements to work abroad in employment relations for a certain period of time by receiving wages. In the case of the placement of overseas Indonesian Workers held by Indonesian Manpower Services Companies must be in accordance with the terms and procedures specified in the legislation. After the terms and procedures are fulfilled, a work agreement is made concerning legal protection for the rights of Indonesian Workers. With the employment agreement, Indonesian Workers who work abroad will receive legal protection at pre-placement, placement and after-placement. The problem in this study is regarding the regulation of employment agreements and placement of Indonesian workers abroad and forms of legal protection for Indonesian workers abroad. The research method used in the discussion of this paper, the authors use the main approach, namely the Statute Approach and the Conceptual Approach as supporting the legislative approach, the source of the legal material for writing is obtained from the literature with the type of legal material in the form of material primary law and secondary legal material. The results of this study found that the weak protection of Indonesian workers is due to two main factors, namely the implementation factor of the protection law issued by the government does not work as it should, and a weak coordination factor between related stakeholders.
Penyelesaian Wanprestasi Antara Bank dan Nasabah Melalui Mediasi di BPR Werdhi Sedana Gianyar Viswari , Vijayetta Sriratih; O'leary , Nella Hasibuan; Arini, Desak Gde Dwi
Jurnal Analogi Hukum 201-205
Publisher : Fakultas Hukum Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/ah.3.2.2021.201-205

Abstract

Increased public trust and interest in using bank services has resulted in many default disputes where legal protection of customer rights and regulations regarding dispute resolution that occur at a bank are required. Banking mediation is an option that is often used by banks to resolve default disputes that occur. As for the formulation of the problem (1) How is the legal protection of customers at BPR Werdhi Sedana Gianyar? (2) How is the settlement of default at BPR Werdhi Sedana Gianyar? The research used in the writing of this thesis uses empirical legal research by linking existing laws and regulations and the results of case studies. In the results of this study, the things that cause default at BPR Werdhi Sedana Gianyar, namely a decrease in turnover or bankruptcy which causes the debtor to be unable or late in fulfilling their obligations according to the agreed or determined time. Settlement of defaults used by BPR Werdhi Sedana Gianyar, namely by means of preventive (prevention) and repressive ways by issuing notification letters of arrears and warning letters, if the debtor has still not paid off his obligations, the last resort is by confiscation.
Fungsi Pengawasan Bank oleh Otoritas Jasa Keuangan dalam Penyaluran Kredit bagi Badan Usaha Milik Swasta Amerta, I Komang Arya Wisnu; Satyawati, Ni Komang Arini; Arini, Desak Gde Dwi
Jurnal Analogi Hukum 156-160
Publisher : Fakultas Hukum Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/ah.3.2.2021.156-160

Abstract

This study was conducted to describe the function of bank supervision by the OJK in the delivery of credit for private-owned enterprises, the follow-up of banks by the Financial Services Authority in credit supervision for private-owned enterprises? The research was conducted legally normatively. Sources of primary legal materials from applicable laws and regulations such as Law No. 21/2011. Secondary sources of legal materials from literature. The research analysis was conducted qualitatively and the results were presented descriptively. The results of the research that the function of bank supervision by the OJK in the delivery of credit for Private Owned Enterprises (BUMS) is following Article 6 of Law Number 21/2011 that bank supervision is carried out to encourage banks to consistently implement banking regulations and refer to the principle of prudence. As a follow- up to OJK's supervision in lending to BUMS, if there are difficulties or credit, OJK cooperates with Bank Indonesia as the Lender of Last Resort to overcome the problem of difficulties in maintaining banking security and ensuring the safety of customers as consumers.
Pelanggaran Hukum Hak Atas Merek dalam Hubungannya dengan Persaingan Usaha Tidak Sehat di Indonesia Prameswari, Ni Made Ratih; Budiartha, I Nyoman Putu; Arini, Desak Gde Dwi
Jurnal Analogi Hukum 277-281
Publisher : Fakultas Hukum Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/ah.3.3.2021.277-281

Abstract

The number of brand violations that can be categorized as unfair business competition, which still produces counterfeit products and persists to this day because the public's interest in brand products is still very large because prices are much more expensive. This study aims to find out what forms of violation of trademark rights are categorized as unfair business competition and what legal remedies are available for business actors who market brands without permit. This study uses a normative legal research method by making legal norms the object of the research. The results of the study stated that the violation of trademark rights was categorized as unfair business competition, which was concluded through imitation of the brand, in essence, such as installing a logo exactly with the original brand that was already well-known. As for legal remedies for business actors who market brands without a permit, they can be subject to sanctions, in article 382bis of the Criminal Code, sanctions can also be imposed, namely material acts that are punishable by maximum imprisonment of 1 year and maximum fine of Rp.900,000,000.00.
Disgorgement sebagai Upaya Perlindungan Hukum dalam Pengembalian Keuntungan Tidak Sah dan Dana Kompensasi Kerugian Bagi Investor di Bidang Pasar Modal Jaya, I Komang Ngurah Wirya; Budiartha, I Nyoman Putu; Arini, Desak Gde Dwi
Jurnal Analogi Hukum 50-54
Publisher : Fakultas Hukum Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/ah.4.1.2022.50-54

Abstract

Effects that are included in property can also be interpreted as securities that can cause indirect losses to victims, namely investors, even though they have arrived at the court process. Therefore, to provide legal protection in the return of illegal profits and compensation funds in the capital market, Disgorgement emerged. Not only as an effort to protect, but disgorgement also seeks to provide sanctions to violators of its regulations. In this study, normative law with a statutory approach and a conceptual perspective is used. This study finds that disgorgement can provide protection in the form of return of profits from violators who receive illegal profits or who violate current regulations in the capital market sector. In addition, the legal sanctions given can also provide certainty to violators so that they cannot use and enjoy the illegal profits they get by imposing the transfer or disbursement of their assets contained in financial service institutions.
Efektivitas Pelaksanaan Peraturan Menteri Dalam Negeri Nomor 15 Tahun 2021 Tentang Pemberlakuan Pembatasan Kegiatan Masyarakat Darurat Covid-19 di Dinas Perhubungan, Kelautan dan Perikanan Kabupaten Jembrana Yudiansari, Ni Komang Sutha; Budiartha, I Nyoman Putu; Arini, Desak Gde Dwi
Jurnal Analogi Hukum 162-166
Publisher : Fakultas Hukum Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/ah.4.2.2022.162-166

Abstract

Jembrana is a district located at the West end of the island of Bali. The job of the Transportation Office is to conduct transportation or transportation policies in Jembrana Regency. Soaring cases of the Covid-19 pandemic led the government to issue the Ministry of Home Affairs regulation No. 15 of 2021 so it is mandatory to implement restrictions on people's activities. The formulation of the problem discussed is: What is the effectiveness of the implementation of Ordinance No. 15 of 2021 on Enforcement of Restrictions on Covid-19 Emergency Community Activities at Jembrana District Transportation, Oceans and Fisheries Office? And How is the government's policy on regulating land travel transportation during the period of the enforcement of the Covid-19 Emergency Community Activity Restriction in Jembrana District Transportation, Oceans and Fisheries Office. This research method uses empirical research types. The effectiveness of implementing the Enforcement of Restrictions on Community Activities has been in accordance with the Ministry of Home Affairs Regulation No. 15 of 2021 that applies to the Transportation Office and Jembrana Regency areas. The government's policy of regulating land-travel transportation is to initialize passengers and compulsory PCR tests and vaccinations.
Perlindungan Hukum Rahasia Dagang atas Informasi Bisnis dalam Perjanjian Kerja Di Kota Denpasar (Studi: Street Food Hoki Takoyaki) Avianto, Rivaldo; Mahendrawati, Ni Luh; Arini, Desak Gde Dwi
Jurnal Analogi Hukum 238-242
Publisher : Fakultas Hukum Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/ah.4.3.2022.238-242

Abstract

The business world is very vulnerable to legal problems such as leaking and theft of a recipe that is kept secret by the owner. This research aims to find out the legal efforts to maintain trade secrets on Hoki Takoyaki street food in Denpasar city, namely through employment contracts after knowing the legal consequences of trade secret violations in Hoki Takoyaki street food in employment agreements in the city of Denpasar, namely illegal acts in the field of Intellectual Property Rights that have been regulated in Law No. 30 of 2000 concerning Trade Secrets. This study uses empirical research types. The data used is secondary data consisting of primary, secondary, and tertiary legal materials. Data collection techniques with literature studies, observations, and interviews. The data obtained is qualitatively analyzed using descriptive methods of analysis. The results of the study showed a finding that is considered a trade secret if there is an effort to maintain confidentiality made by the owner. In a company where there is a violation of trade secrets, the State provides legal protection for those harmed by the leak by issuing Law No. 30 of 2000 on Trade Secrets.
Co-Authors Amerta, I Komang Arya Wisnu Astiti, I Gusti Ketut Sri Avianto, Rivaldo Dewi, Ni Kadek Diah Sri Laksmi Dewi, Ni Kadek Sintia Dion, Kristian Ananta Ganawati, Nengah I Nyoman Putu Budiartha Jaya, I Komang Ngurah Wirya Johannes Ibrahim Kosasih Luh Made Mahendrawati Mahendrawati, Ni Luh Mulyani , Ni Luh Debby Srinitha O'leary , Nella Hasibuan Pemayun, Cok Gede Bagus Putra Premana Prabancani, Putri Alam Prameswari, Ni Made Ratih Prihandani, Ni Ketut Diah Putra, I Komang Mahesa Putri, Komang Ayu Windy Widyastari Putu Ayu Sriasih Wesna Putu Suryani . Sari, Ni Putu Nita Erlina Satyawati, Ni Komang Arini Setyarini, Desak Made Sirait, Manaon Damianus Sumardiana, I Nyoman Ujianti, Ni Made Puspasutari Viswari , Vijayetta Sriratih Widiasih, Ni Nyoman Diah Wiguna S, I Gusti Agung Satrya Yuda, Kadek Indra Yudiansari, Ni Komang Sutha