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Kusuma, Putu Riski Ananda
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PERLINDUNGAN HUKUM BAGI PEMBELI ATAS TANAH REDISTRIBUSI YANG DIALIHKAN SECARA MELAWAN HUKUM (Analisis Putusan Pengadilan Nomor 170/PDT/2019/PT.DPS) Ariyuda, I Made; Kusuma, Putu Riski Ananda; Dantes, Komang Febrinayanti
Jurnal Ilmu Hukum Sui Generis Vol 5 No 3 (2025): Juli, Jurnal Hukum Sui Generis
Publisher : Universitas Pendidikan Ganesha

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This research analyzes the complexity of the problem of unlawful redistribution land transfers and the protection efforts for aggrieved buyers. The main focus is to understand the extent to which the Indonesian positive legal framework protects third parties, especially buyers, in land sales and purchases that are declared invalid. In addition, this study analyzes the legal considerations in Denpasar High Court Decision Number 170/PDT/2019/PT.Dps related to the transfer of redistributed land. The purpose of this study is to provide concrete legal recommendations to strengthen the legal position of buyers in the transfer of rights to redistributed land that is not in accordance with the provisions. Using normative legal research methods with statutory, case, and conceptual approaches, data is collected through literature studies and regulatory documents and court decisions. The study found that the transfer of rights in the case under study was done without authorized consent, making it an illegal act. The judge declared the sale invalid and returned the land rights to the rightful heirs. However, the study also uncovered a normative void in the regulation that explicitly provides legal protection for unauthorized purchasers of redistributed land. This absence of regulation creates legal uncertainty and places buyers in a vulnerable position, often incurring financial losses without adequate remedy mechanisms. Through a normative legal approach, this study emphasizes the need for regulatory reform. Recommendations include strengthening preventive legal protections, such as increased transparency of land data, public education, active role of PPAT in verification, and special markings on redistribution certificates. In addition, repressive protection through civil suits for compensation and criminal sanctions for perpetrators of manipulation are also needed. This reform is essential to create legal certainty and ensure justice for all parties in land redistribution transactions in Indonesia.
TINJAUAN YURIDIS TERHADAP LAYANAN “SHOPPEPAY LATER” SEBAGAI PRODUK PINJAMAN ONLINE DI INDONESIA Astuti, Ni Putu Winda; Kusuma, Putu Riski Ananda; Dantes, Komang Febrinayanti
Jurnal Ilmu Hukum Sui Generis Vol 5 No 3 (2025): Juli, Jurnal Hukum Sui Generis
Publisher : Universitas Pendidikan Ganesha

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Technological developments and digitalization have driven significant growth in the e- commerce sector, including in Indonesia. One of the innovations that emerged is the ShoppePay Later payment service, which allows consumers to make purchases with the pay later system. However, this convenience also carries risks, such as misuse by users who do not have a fixed income, debt accumulation, and potential personal data breaches. This research seeks to assess the alignment of the contractual provisions embedded within the ShoppePay Later electronic agreement with the prevailing positive legal framework in Indonesia, specifically referring to the Electronic Information and Transactions Law (UU ITE), as well as to explore the regulatory challenges associated with the implementation of online lending mechanisms. The study employs a normative legal research methodology, commonly referred to as library research, which utilizes an analytical approach focused on statutory interpretation and doctrinal review of pertinent legislation and scholarly sources. The findings indicate that ShoppePay Later has demonstrated adherence to several key legal requirements, including the obligation to disclose comprehensive information as stipulated under Article 9 of UU ITE, and compliance with data protection principles pursuant to POJK No. 10/POJK.05/2022. However, there are still regulatory loopholes, especially related to the minimum age of users and income verification, which can trigger the risk of default. The main challenges in implementing regulations include the potential for debt accumulation (over-indebtedness), lack of specific regulations on paylater, the risk of default, and inuniformity in the billing system. Therefore, it is necessary to strengthen regulations by the Financial Services Authority (OJK) and socialize financial literacy to the public to minimize these risks. The study concludes that while ShoppePay Later provides ease of transactions, legal oversight and protection must be improved to create a safer and more responsible online lending ecosystem.
PENENTUAN YURISDIKSI DALAM PENYELESAIAN SENGKETA PERCERAIAN PADA PERKAWINAN CAMPURAN DI INDONESIA DALAM PERSPEKTIF HUKUM PERDATA INTERNASIONAL Siregar, Anil Refalzey; Kusuma, Putu Riski Ananda; Dantes, Komang Febrinayanti
Jurnal Ilmu Hukum Sui Generis Vol 5 No 3 (2025): Juli, Jurnal Hukum Sui Generis
Publisher : Universitas Pendidikan Ganesha

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The issue of mixed marriages has serious problems related to the resolution of divorce disputes. With such diversity, there is a tendency for each country to maintain public policy. Determining the jurisdiction of divorce in mixed marriages is often colored by conflict of laws. This study examines how international civil law views divorce cases in mixed marriages. In addition to clearly presenting the results of the research conducted, this study also provides a normative description and is conducted using research methods to provide clarification regarding the issues studied.
URGENSI PENEGAKAN HUKUM TERHADAP KASUS CYBERSQUATTING DAN PERLINDUNGAN NAMA DOMAIN DI INDONESIA Gayatri, Gusti Ayu Dyah; Sukmaningsih, Ni Komang Irma Adi; Kusuma, Putu Riski Ananda
Jurnal Ilmu Hukum Sui Generis Vol 5 No 3 (2025): Juli, Jurnal Hukum Sui Generis
Publisher : Universitas Pendidikan Ganesha

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This study aims to analyze the legal issues related to the practice of cybersquatting in Indonesia and highlight the urgency of developing specific regulations from the perspective of prevailing positive legal norms. The research adopts a normative legal method with a statutory and conceptual approach, utilizing secondary data obtained through literature study and analyzed using qualitative juridical techniques. The findings reveal that: (1) The regulation of cybersquatting in Indonesia remains general and lacks specific provisions, despite the existence of the Electronic Information and Transactions (ITE) Law; (2) There is a legal vacuum that complicates law enforcement efforts against cybersquatting perpetrators; and (3) Comprehensive regulatory development is needed to strengthen legal protection of trademarks in the digital domain. Therefore, the government should promptly formulate and enact more assertive and detailed legislation on cybersquatting to safeguard trademark owners' rights and prevent further economic losses in the future.
PENTINGNYA ILMU HUKUM DALAM KEHIDUPAN BERMASYARAKAT DI INDONESIA Winanda, I Kadek Tampan Nova; Si Ngurah Ardhya; Kusuma, Putu Riski Ananda
Jurnal Ilmu Hukum Sui Generis Vol 5 No 3 (2025): Juli, Jurnal Hukum Sui Generis
Publisher : Universitas Pendidikan Ganesha

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The state of Indonesia is a state of law, which means that Indonesia establishes the law as the basis of power in the state and the legal administrator of its power is also exercised in the rule of law. Law is a law that regulates the way in which state or government instruments carry out their duties and obligations properly, so that their application can be accepted by the community. In this case the law is very important for the whole community, because the law makes the country better and more prosperous. Law is used as a regulator, servant, and protector of society. Therefore, the law is expected to be a forum for justice for all Indonesian people.
DISPARITAS SANKSI PIDANA PADA KASUS INVESTASI ILEGAL BERKEDOK USAHA HALAL (Studi Kasus Putusan PN No. 309/Pid.B/2018/PN Dpk dan No. 83/Pid.B/2018/PN Dpk) Kadek Mei Eriani Putri; Ni Putu Ega Parwati; Kusuma, Putu Riski Ananda
Jurnal Ilmu Hukum Sui Generis Vol 5 No 3 (2025): Juli, Jurnal Hukum Sui Generis
Publisher : Universitas Pendidikan Ganesha

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The imposition of criminal sanctions against perpetrators of illegal investments in Indonesia still demonstrates inconsistencies, particularly when cases with similar modes of operation receive significantly different sentences. This research aims to analyze the disparity of criminal sanctions for perpetrators of illegal investments under the guise of halal businesses, through a case study of the District Court Decision Number: 309/Pid.B/2018/PN Dpk and Decision Number: 83/Pid.B/2018/PN Dpk. This study uses a normative legal research method with statutory, conceptual, historical, and case approaches. Data were collected through document studies of court decisions and relevant legal literature. The results indicate a significant disparity between the two rulings, even though the cases share similar modus operandi and impact. This disparity is caused by various factors, including the discretionary power of judges, subjective judicial considerations, and the absence of standardized sentencing guidelines. Therefore, an evaluation of the criminal justice system is necessary to ensure consistency and fairness in imposing sanctions on perpetrators of illegal investments.
OPTIMALISASI PERAN SATUAN POLISI PAMONG PRAJA DALAM PENEGAKAN PERDA BULELENG NOMOR 6 TAHUN 2009 TENTANG KETERTIBAN UMUM TERHADAP PEDAGANG KAKI LIMA DI KABUPATEN BULELENG Ricky Simarmata; Ratna Artha Windari; Dewa Bagus Sanjaya; Kusuma, Putu Riski Ananda
Jurnal Ilmu Hukum Sui Generis Vol 4 No 2 (2024): April, Jurnal Ilmu Hukum Sui Generis
Publisher : Universitas Pendidikan Ganesha

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23887/jih.v4i2.5029

Abstract

The purpose of this research is to (1) determine and evaluate the responsibilities and authority of Satpol PP in enforcing Buleleng Regional Regulation Number 6 of 2009 concerning Public Order, especially with regard to street vendors in Buleleng Regency. (2) To find out and study obstacles and problems in implementing Regional Regulation Number 6 of 2009 concerning Public Order, especially regarding street vendors in Buleleng Regency. This research uses empirical legal research with descriptive-analytical research characteristics with primary and secondary data types. The results of this research show that (1) the duties and authority of Satpol PP refer to Government Regulation No. 16 of 2018 concerning Civil Service Police Units. In its operations, the Buleleng Regency Satpol PP carries out guidance, supervision and action against street vendors who violate Buleleng Regional Regulation Number 6 of 2009. (2) enforcement of the Buleleng Regional Regulation carried out by the Satpol against street vendors in Buleleng Regency is not yet optimal because there are still obstacles, namely the enforcement factor. The law is where there is a lack of Satpol PP members who are PPNS, the factor of infrastructure supporting law enforcement, as well as the community factor (PKL) in Buleleng Regency which is lacking in awareness of the law itself. To overcome these obstacles, efforts that can be made include providing strict sanctions against street vendors who continuously violate Buleleng Regional Regulation Number 6 of 2009, increasing the resources and professionalism of the Satpol PP's performance, increasing coordination from each related sub-district agency and operations. routinely, and carry out regular preventive and coaching measures considering the low level of public awareness (PKL) in order to create order and cleanliness.
ANALISIS PASAL 100 UNDANG – UNDANG NOMOR 1 TAHUN 2023 TENTANG HUKUMAN MATI BERSYARAT BERDASARKAN ASAS KEADILAN DAN ASAS KEPASTIAN HUKUM Indah lestari; Kusuma, Putu Riski Ananda; hartono, made sugi; Dewa Bagus Sanjaya
Jurnal Ilmu Hukum Sui Generis Vol 4 No 3 (2024): Juli, Jurnal Ilmu Hukum Sui Generis
Publisher : Universitas Pendidikan Ganesha

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23887/jih.v4i3.5030

Abstract

This study aims (1) to find out and analyze how the mechanism for implementing the death penalty according to current regulations in Indonesia, (2) to find out the inhibiting factors in the implementation of the death penalty after the judge's decision. The type of research used by researchers is normative legal research, namely through a statutory approach, and a conceptual approach. The sources of legal materials used are the 1945 Constitution, Presidential Regulation, and Regulation of the Chief of Police. The technique of collecting legal materials carried out is by reviewing or analyzing laws and regulations, the 1945 Constitution, and other regulations. The results showed that (1) From the regulations related to the procedures for the implementation of the death penalty in Law No. 2 / PNPS / 1964 has not regulated the deadline for the implementation of the death penalty. It only regulates the extent of notification before execution, which is 3 x 24 hours. This uncertainty certainly creates legal uncertainty and will have an impact on the psychology of the convict. In Indonesia itself, regarding the time span after the judge's decision until he will actually be executed, in fact, it takes quite a long time. Because in casu laws and regulations do not regulate this. Regarding when the convict will be executed depends entirely on the policy of the prosecutor as executor. This cannot be done because the law in Indonesia should regulate in terms of material, formal, and implementation laws. (2) Regarding the inhibiting factors of the death penalty after the judge's decision, there are many such as statutory factors, law enforcement, and facilities. Therefore, it is necessary to regulate the implementation of the death penalty. Because the absence of this rule causes its own confusion for the community and also convicts sentenced to death. In addition, it is hoped that through the new Criminal Code, it is explained what conditions must be met by convicts so that the death penalty can be changed to a life sentence. Because when viewed from the existing rules, it is only explained related to the perpetrator's remorse and the perpetrator's relationship in criminal acts. If you only pay attention to these two factors, it is feared that in the future it will cause repeat crimes.
TINJAUAN YURIDIS KEABSAHAN MATA UANG CRYPTO (CRYPTOCURRENCY) BERDASARKAN PERSPEKTIF UNDANG-UNDANG NOMOR 7 TAHUN 2011 TENTANG MATA UANG Cucumandalin, I Ketut Samuel; ardhya, si ngurah; Adnyani, Ni Ketut Sari; Kusuma, Putu Riski Ananda
Jurnal Ilmu Hukum Sui Generis Vol 4 No 3 (2024): Juli, Jurnal Ilmu Hukum Sui Generis
Publisher : Universitas Pendidikan Ganesha

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23887/jih.v4i3.5033

Abstract

This study aims (1) to analyze legal arrangements regarding cryptocurrencies as a reference in providing legal certainty for the use of cryptocurrency in Indonesia, (2) identify the validity of cryptocurrencies based on the perspective of Law Number 7 of 2011 concerning Currency.The type of Penlitain used by researchers is normative legal research, namely through a statutory approach, and a conceptual approach. The sources of legal materials used are the 1945 Constitution, Civil Code, PERPRES, Permendagri, Bappebti, and PBI. The results showed that (1) Juridically normatively, Indonesian law already has provisions or regulations regarding "crypto money". This shows that the government has the awareness to create the rule of law in a new atmosphere of the development of human economic activities in the digital era. It's just that in its normative provisions, there are still conflicting perspectives in looking at crypto money. (2) The legality of using Bitcoin as a medium of exchange to replace rupiah in Indonesia is an illegal payment. In terms of the perspective of Indonesian law, it should be clear that the legitimacy of Bitcoin should not be used as a medium of exchange in e-commerce transactions in Indonesia and/or marketed in Indonesia. However, the Indonesian government through (Bappebti) has established and legalized cryptocurrency as a commodity asset that can be traded on the Futures Exchange as a Crypto Asset. Keywords: currency, crypto, legality.
PERLINDUNGAN HUKUM BAGI KONSUMEN TERHADAP KEBOCORAN DATA PRIBADI BERDASARKAN PASAL 16 AYAT 2 HURUF E UNDANG-UNDANG NOMOR 27 TAHUN 2022 TENTANG PERLINDUNGAN DATA PRIBADI Kadek Nova Adistiya; ardhya, si ngurah; Kusuma, Putu Riski Ananda; setianto, muhamad jodi
Jurnal Ilmu Hukum Sui Generis Vol 4 No 3 (2024): Juli, Jurnal Ilmu Hukum Sui Generis
Publisher : Universitas Pendidikan Ganesha

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23887/jih.v4i3.5034

Abstract

This research aims (1) to find out how legal protection is for consumers regarding personal data leaks in a comparative perspective, (2) to find out what legal remedies are for consumers who experience losses due to personal data leaks. The type of research used by researchers is normative legal research, namely through a statutory and regulatory approach, a conceptual approach and a comparative approach. This research is supported by legal materials consisting of statutory regulations, journals, articles, literature and scientific papers that are relevant to the subject matter being studied. The results of the research show that (1) there is a comparison between the Personal Data Protection Act 2020 (PDPA) belonging to the Singapore state and Law Number 27 of 2022 concerning Personal Data Protection (UU PDP) within the scope of regulation, regulatory objectives, definition of personal data, scope scope of protection, institutional aspects, and sanctions imposed. (2) The PDP Law has created 3 cyber security indicators, namely Confidentiality, Integrity, and Availability so that it has protected the personal data of the Indonesian people, but there needs to be an amendment to the PDP Law because there are still several articles that can reduce or instead eliminating legal protection for consumers, the government must also create a special institution to handle personal data leaks in Indonesia as has been done by Singapore, this can help the public to make reporting and handling easier if personal data leaks occur. Then there are legal remedies that can be taken for consumers who experience losses due to data leaks to guarantee consumer rights.
Co-Authors Agus David Trsitan Ananta Ardhya, Si Ngurah Ariyuda, I Made Astuti, Ni Putu Winda Ave Christina Hananda Cucumandalin, I Ketut Samuel Dewa Bagus Sanjaya Gayatri, Gusti Ayu Dyah I Kadek Darmana Adi Putra I Wayan Landrawan Indah Lestari Kadek Mei Eriani Putri Kadek Nova Adistiya Komang Febrinayanti Dantes Made Sugi Hartono Ni Ketut Sari Adnyani Ni Putu Ega Parwati Putu Ocha Dana Parwata Ratna Artha Windari Ricky Simarmata Siregar, Anil Refalzey Sukmaningsih, Ni Komang Irma Adi Winanda, I Kadek Tampan Nova