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TINJAUAN YURIDIS UNDANG-UNDANG NOMOR 5 TAHUN 2014 TENTANG APARATUR SIPIL NEGARA TERKAIT KEGIATAN POLITIK PRAKTIS DI INDONESIA Putu Ocha Dana Parwata; Adnyani, Ni Ketut Sari; landrawan, I Wayan; Kusuma, Putu Riski Ananda
Jurnal Ilmu Hukum Sui Generis Vol 4 No 4 (2024): Oktober, Jurnal Ilmu Hukum Sui Generis
Publisher : Universitas Pendidikan Ganesha

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23887/jih.v4i4.5039

This research aims (1) to find out and analyze the basic considerations for Law Number 5 of 2014 which does not allow ASN to take part in political activities. (2) to find out and analyze the legal consequences of ASN involved in practical political activities. The type of research used by researchers is normative legal research, namely through a statutory regulation approach and a comparative approach. The sources of legal material used are the 1945 Constitution, Law Number 5 of 2014, Law Number 7 of 2017, Law Number 2 of 2011. The results of the research show that (1) Legally normative, Corps Spirit Development and the Civil Servant Code of Ethics which explicitly states that ASN/PNS are obliged to avoid conflicts of personal, group or class interests. Therefore, ASN is prohibited from carrying out actions that lead to partiality with one of the candidates or actions that indicate being involved in practical politics/affiliating with a political party. And explicitly states that ASN must be neutral. (2) In connection with sanctions for State Civil Apparatus who are not neutral, the Minister for Administrative Reform issued a Circular Letter from the Minister for Administrative Reform Number: SE/18.1/M.PAN/5/2004. This circular regulates the criteria for imposing sanctions on state civil servants who are not neutral. The criteria for these sanctions are severe disciplinary punishment, demotion to one level of rank, severe disciplinary punishment in the form of dismissal, severe disciplinary punishment in the form of dishonorable dismissal as a Civil Servant.

AKIBAT HUKUM WANPRESTASI TERHADAP PERJANJIAN JUAL-BELI ATAS HASIL PERKEBUNAN JERUK DI DESA MANGGUH KECAMATAN KINTAMANI KABUPATEN BANGLI I Kadek Darmana Adi Putra; Ratna Artha Windari; Dantes, Komang Febrinayanti; Kusuma, Putu Riski Ananda
Jurnal Ilmu Hukum Sui Generis Vol 5 No 1 (2025): Januari, Jurnal Ilmu Hukum Sui Generis
Publisher : Universitas Pendidikan Ganesha

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23887/jih.v5i1.5045

This research aims (1) to find out and analyze the legal consequences of default in sales and purchase agreements for orange plantation products in Mangguh Village, Kintamani District, Bangli Regency. (2) to find out and analyze what legal remedies can be taken in the event of a breach of contract in the sale and purchase agreement for the orange plantation harvest in Mangguh Village, Kintamani District, Bangli Regency. The type of research used by researchers is empirical legal research, which is qualitative in nature with research locations in Mangguh Village, Kintamani, Bangli. The data sources in this research are primary data from interviews, secondary data from statutory regulations, journals, articles, literature and scientific papers that are relevant to the main problem being studied. Data collection techniques in this research were carried out using observation, document study and interviews. The sampling technique used is the Non-Probability Sampling technique and the subject | 2 determination uses the Purposive Sampling technique. Data processing and analysis techniques are used qualitatively. The results of the research show that (1) the legal consequences that arise from the default that occurs are losses on the part of the farmer as the seller, therefore the seller has the right to demand that the performance be fulfilled in accordance with the provisions of Article 1267 of the Civil Code, along with compensation for the losses suffered. by the seller in accordance with the provisions of Article 1243 of the Civil Code. (2) Legal efforts can be classified into two forms, namely litigation and non-litigation. However, based on the conditions in the field, legal remedies that can be taken by the aggrieved seller include negotiations, mediation, and filing a lawsuit in court.

IMPLEMENTASI PASAL 1365 KUH PERDATA ATAS HAK AHLI WARIS SEBIDANG TANAH BERDASARKAN SURAT TANAH TRADISIONAL DI DESA JATILUWIH Agus David Trsitan Ananta; Kusuma, putu riski ananda; setianto, muhamad jodi; Dantes, Komang Febrinayanti
Jurnal Ilmu Hukum Sui Generis Vol 5 No 1 (2025): Januari, Jurnal Ilmu Hukum Sui Generis
Publisher : Universitas Pendidikan Ganesha

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23887/jih.v5i1.5047

those who are proven guilty based on Article 1365 of the Civil Code are obliged to compensate for these losses. The problem is how someone is liable for losses resulting from PMH that has been carried out, regarding a plot of land owned by the sole heir who has the marital status of Sentana Rajeg Putrika, based on the old right to the land in the form of a Petok D Land Certificate in the name of his late mother. This research aims to find out (1) the implementation of Article 1365 of the Civil Code in Jatiluwih Village (2) What are the efforts and obstacles of heirs in obtaining rights to their land. The location of this research was carried out in Jatiluwih Village using an empirical legal research system. The technique used in this research is a non-probability technique and the method used to determine research subjects is the Purposive Sampling technique. The results of the research show that the implementation of Article 1365 of the Civil Code in Jatiluwih Village has never been used to resolve cases classified as Unlawful Acts (PMH) because the majority of people in Jatiluwih Village and also Jatiluwih Village Officials do not know or understand the existence of this article. , so that all case resolution in Jatiluwih Village is limited to the mediation level carried out at the Jatiluwih Village Office which is closed with a Letter of Agreement between the two parties in conflict. Regarding the efforts made by the heirs in obtaining rights to their land, it actually needs to be appreciated because the heirs concerned have tried to carry out the objectives of the creation of Law of the Republic of Indonesia Number 5 of 1960 concerning Basic Agrarian Principles Regulations regarding the conversion of old rights to become Freehold Title. It's just that in this research, the heir experienced an obstacle caused by the head of the hamlet concerned who had a basic misunderstanding of the law by not trusting authentic evidence which showed that the heir was the sole heir to the plot of land which was carefully researched and committed acts of abuse of power.

TINJAUAN YURIDIS DISPENSASI PENGGUNAAN HELM PADA PENGENDARA DAN PENUMPANG SEPEDA MOTOR YANG BERPAKAIAN ADAT Ave Christina Hananda; ardhya, si ngurah; Adnyani, Ni Ketut Sari; Kusuma, putu riski ananda
Jurnal Ilmu Hukum Sui Generis Vol 5 No 2 (2025): April, Jurnal Ilmu Hukum Sui Generis
Publisher : Universitas Pendidikan Ganesha

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23887/jih.v5i2.5050

This research aims to (1) analyze and examine the form of dispensation for the use of helmets for motorbike riders and passengers based on the Decree of the Governor of the Regional Head of Level I Bali Number 217 of 1986 Article 4 Paragraph (1) and Paragraph (2) with Article 106 Paragraph (8) of the Law -Law Number 22 of 2009 concerning Road Traffic and Transportation, (2) analyzes the regulations on the use of helmets in terms of traditional clothing which is more appropriate to use in the Decree of the Governor of the Head of the Level I Region of Bali Number 217 of 1986 Prodi Ilmu Hukum 1 Article 4 Paragraph (1) and Paragraph (2) With Article 106 Paragraph (8) of Law Number 22 of 2009 concerning Road Traffic and Transportation. The type of research used in this research is normative juridical research which aims to identify forms of norm conflict that occur between the two laws and regulations. Using a statutory approach and a conceptual approach. The sources of legal materials used are primary legal materials, secondary legal materials and tertiary legal materials. The legal material collection technique used is through document study techniques. The legal material analysis technique used is a vertical synchronization analysis technique. The results of this research show (1) The form of dispensation for the use of helmets for motorbike riders and passengers based on the Decree of the Governor of the Regional Head of Level I Bali, namely when there is a head injury, use traditional clothing within a radius of 10 Km with a maximum speed of 40 Km per hour, (2) Regulations The more appropriate use of a helmet when wearing traditional clothing is Law Number 22 of 2009 concerning Road Traffic and Transportation because it is a law that is at a higher level than the Decree of the Governor of the Level I Regional Head of Bali.

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.

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