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Dinar, I Gusti Agung Ayu Gita Pritayanti
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Penyelesaian Wanprestasi Perjanjian Jasa Wedding Organizer Akibat Force Majeure Dharmayuda, Made Satria; Dewi, Anak Agung Sagung Laksmi; Dinar, I Gusti Agung Ayu Gita Pritayanti
Jurnal Analogi Hukum 130-135
Publisher : Fakultas Hukum Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/ah.4.2.2022.130-135

Abstract

Indonesia is a country consisting of sharing tribes, races, and cultures where each community has its own thoughts and understandings to live their lives. In carrying out his life, society is no stranger to the name of human rights where human behavior must not interfere with the rights of others and does not behave outside the norms that apply in accordance with positive laws. In relation to the positive laws that apply in Indonesia, the behavior of the people themselves has indirectly been regulated and for anyone who behaves outside the norm will definitely get sanctioned because his actions have harmed himself and others. In accordance with the positive law that applies force majeure is a disaster that can come at any time and occurs at the time of wedding activities making both parties not be able to give each other, especially the parties from the wedding. It cannot be said to be a default because every arranged event will be carried out properly if the default event does not occur and both parties can rearrange the wedding reception activities.
Karakteristik Perjanjian Kerja Waktu Tertentu (PKWT) Bagi Pekerja pada Perusahaan Swasta Primantara, Made Rama Wiguna; Budiartha, I Nyoman Putu; Dinar, I Gusti Agung Ayu Gita Pritayanti
Jurnal Analogi Hukum 177-181
Publisher : Fakultas Hukum Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/ah.4.2.2022.177-181

Abstract

The process of carrying out globalization will act directly or indirectly for the presence of workers. Globalization, characterized by through state fund transactions, we use international standards and international standards for foreign investors and international standards for foreign investors. One of them is the quality point of production and work procedures. . Based on the above background, as well as the features of business contracts of certain employees of the Urban Finance Agency in Denpasar City, it can be based on its duties and laws. , Denpasar City Financial Asset Management Management Agency Event Event Event Event. The methods used are the source of legal studies, the main enterprise and the source of legal materials with secondary legal materials. The results of this study state that the features of employment contracts use a form of legal contract and are very short and effective in the office of the Financial and Asset Management Agency of Denpasar City. Denpasar City Financial and Asset Management Agency Office has defaults for administrative staff. The sanctions imposed on workers who violate the contents of the employment contract consist of a company reprimand, a reprimand (SP 1), a second reprimand (SP 2), and finally ethics if not good. On the employee side, set a third warning letter (SP 3) about job cuts for employees (layoffs).
Peranan Dinas Tenaga Kerja dan Sertifikasi Kompetensi (DTKSK) Dalam Penyelesaian Perselisihan Hubungan Industrial Melalui Mediasi di Kota Denpasar Damayanti, Anak Agung Alit Ista; Budiartha, I Nyoman Putu; Dinar, I Gusti Agung Ayu Gita Pritayanti
Jurnal Analogi Hukum 136-141
Publisher : Fakultas Hukum Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/jah.6.2.2024.136-141

Abstract

The Denpasar City Manpower and Competency Certification Office (DTKSK) is a government agency that has the function of fostering, controlling and supervising in the field of labor. However, in reality there are still many cases of industrial relations disputes. This study examines two problems, namely how the role of DTKSK Denpasar City in optimizing the settlement of industrial relations disputes through mediation and what are the inhibiting factors and efforts made by DTKSK Denpasar City in resolving industrial relations disputes through mediation? "The method used is an empirical law method and sourced from primary data and secondary data. This research is located at DTKSK Denpasar City. The technique in determining the sample uses non probability sampling with purposive sampling technique. In collecting data, document study techniques and interview techniques were used. Data analysis was carried out in a qualitative descriptive manner. Based on the results of the study, DTKSK Denpasar City has not run optimally in resolving industrial relations disputes because the number of industrial relations disputes that occur is not proportional to the number of mediators available at the Department of Labor and Competency Certification."
Implikasi Peraturan Mahkamah Agung No. 1 Tahun 2016 Tentang Mediasi di Pengadilan Agama Badung Fandoe, Brendan Matthew; Budiartha, I Nyoman Putu; Dinar, I Gusti Agung Ayu Gita Pritayanti
Jurnal Analogi Hukum 154-159
Publisher : Fakultas Hukum Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/jah.6.2.2024.154-159

Abstract

Supreme Court Regulation or PERMA is basically a form of regulation that contains provisions that are procedural law. According to PERMA No. 1 of 2016 concerning mediation procedures in court, mediation is a way of resolving disputes peacefully, quickly, precisely and effectively, and can open wider access to the parties to the dispute to obtain a settlement of their case, and get a sense of justice. Mediation, the resolution of disputes or disputes arises more from the wishes and initiatives of the parties, so that the mediator's role is to assist them in reaching agreements. In assisting the disputing parties, the mediator is impartial. This study aims to determine the implications of Perma No. 1 of 2016 on mediation procedures in the Badung Religious Court. The presence of PERMA No. 1 of 2016 concerning Mediation procedures is intended to provide legal certainty, order and smoothness in the process of resolving a civil dispute in order to produce peace.
Penyelesaian Sengketa Akibat Perjanjian Nominee Melalui Kesepakatan Perdamaian Mahayuni, Cokorda Istri Agung; Budiartha, I Nyoman Putu; Dinar, I Gusti Agung Ayu Gita Pritayanti
Jurnal Analogi Hukum 166-171
Publisher : Fakultas Hukum Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/jah.6.2.2024.166-171

Abstract

The provisions of the UUPA state that only Indonesian citizens (WNI) can own property rights over land. In order to overcome this, nominee agreements are made to control the ownership rights of the land. This practice often leads to disputes between Indonesian citizens and foreigners that reach the courts. Land ownership by foreigners with the status of right of use is based on Government Regulation No. 103 Year 2015. The arrangements for resolving nominee agreement disputes through mediation are Law Number 30 of 1999, PERMA Number 1 of 2016, BPN Decree Number 34 of 2007, and Technical Guidelines Number: 05/JUKNIS/D.V/2007. The formulation of the problem is: 1) "How is the regulation of nominee agreement dispute resolution through a pre-decree agreement? "And 2) How is the mechanism for resolving land rights nominee agreement disputes through mediation?" The research method used is normative law with a statutory and conceptual approach. The results obtained by the Government are to pay attention to laws and regulations that regulate explicitly and specifically regarding nominee agreements in Indonesia.
Perlindungan Hukum Bagi Pihak Ketiga (Natuurlijke Persoon) Berkaitan Dengan Adanya Actio Pauliana Dalam Hukum Kepailitan Asri, Ida Ayu Putu Purnam; Budiartha, I Nyoman Putu; Dinar, I Gusti Agung Ayu Gita Pritayanti
Jurnal Analogi Hukum 197-202
Publisher : Fakultas Hukum Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/jah.6.2.2024.197-202

Abstract

When a bankrupt debtor transfers assets to a third party, actio pauliana becomes the creditor's legal remedy to recover the assets. For good faith third parties, the application of actio pauliana in bankruptcy becomes a legal polemic. This happens because the transfer of all or part of the debtor's assets will be withdrawn through actio pauliana. So that the problem arises "1) How is the enforcement of Actio Pauliana in Indonesia? and 2) How is the legal protection of third parties (natuurlijke persoon) in bankruptcy law related to the existence of actio pauliana?" This research seeks to understand the application of actio pauliana in Indonesia as well as the legal protection provided to third parties related to the existence of actio pauliana in bankruptcy law. The research methodology in this field is normative law. The application of Actio Pauliana has legal consequences, namely the third party losing the property that has been purchased from the debtor and canceling all legal actions that are not mandatory for the debtor to do which are detrimental to his creditors. Related to legal protection for the rights of third parties (Natuurlijke Persoon) due to Actio Pauliana, namely third parties can appear as concurrent creditors.
PRAKTIK PENGOBATAN ALTERNATIF DALAM PERSPEKTIF HUKUM PERLINDUNGAN KONSUMEN DI INDONESIA Yani, Anak Agung Rai Gayatri Artha; Sugiartha, I Nyoman Gede; Dinar, I Gusti Agung Ayu Gita Pritayanti
Jurnal Analogi Hukum 261-266
Publisher : Fakultas Hukum Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/jah.6.3.2024.261-266

Abstract

The efforts of each community in maintaining health for themselves are very diverse. Generally, people use alternative medicine health services because of the relatively low cost, but there are still many business actors from alternative medicine who open practices arbitrarily without having a business license. This is because there are still not many regulations or standardization regulated in legislation regarding alternative medicine practices that harm consumers. The problem formulations in this study, namely: 1). How the regulation of alternative medicine practices in legal settings has positive effects in Indonesia; 2) How is the form of legal protection for consumers in alternative medicine practices in Indonesia. The method used in this research is the type of normative legal research with the type of statutory approach and conceptual approach. Through this research, it can be determined that the regulation of alternative medicine is contained in Law Number 36 of 2009 concerning Health. If consumers suffer losses due to the actions of business actors, they can be given protection through Law Number 8 of 1999 concerning Consumer Protection, which forms of protection are divided into preventive legal protection and repressive legal protection.
PENEGAKAN HUKUM TERHADAP PERAN ARTIFICIAL INTELLIGENCE DI INDONESIA PENEGAKAN HUKUM TERHADAP PERAN ARTIFICIAL INTELLIGENCE DI INDONESIA Ashton, Annie Long; Dewi, Anak Agung Sagung Laksmi; Dinar, I Gusti Agung Ayu Gita Pritayanti
Jurnal Analogi Hukum 267-272
Publisher : Fakultas Hukum Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/jah.6.3.2024.267-272

Abstract

The development of information and digital technology is accelerating and has become part of every aspect of human life. Humans have made innovations in various fields, including machines and technologies that mimic human intelligence known as artificial intelligenceartificial intelligence or AI. The problem is: How can Artificial IntelligenceArtificial intelligence arrangements be considered capable as legal subjects? And how is proper law enforcement for artificial intelligenceartificial intelligence functions? The purpose of this study is To meet the needs of regulations and information regarding artificial intelligenceartificial intelligence, it is important to establish a legal entity and special provisions. In addition, it is important to determine appropriate law enforcement and make special provisions for the functioning of AI. The method used in this research is the normative method. Artificial IntelligenceArtificial intelligence (AI) is an electronic system that handles electronic information and is managed by electronic agents and operators. However, AI is currently unable to take legal action or mediate. Individuals who control or use AI are responsible for their actions. In Indonesia, AI regulations should emphasize ethics and human rights in control and protection. While there are already laws regarding AI as electronic agents, specific regulations are needed that outline its role, capabilities, limitations on use, and penalties.
Perlindungan Hukum Terhadap Kesalahan Diagnosis Penyakit Melalui Platform Telemedicine Widhiastuty, Ni Putu Ayu Angreny; Dewi, Anak Agung Sagung Laksmi; Dinar, I Gusti Agung Ayu Gita Pritayanti
Jurnal Analogi Hukum 356-363
Publisher : Fakultas Hukum Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/jah.6.3.2024.356-363

Abstract

Health, as a human right and an essential component of well-being, needs to be realized in accordance with Indonesia's national goals. The evolution of knowledge and technology in the healthcare sector has made tremendous progress, providing the foundation for the emergence of various online health Platforms, also known as Telemedicine. The obstacles that arise along with the growth of online health Platforms in Indonesia are related to the provision of digital health services, which can open up opportunities for errors in the diagnosis process and harm Telemedicine users as patients. The formulation of the problem given is 1). How is the legal regulation of medical practice on Telemedicine Platforms in Indonesia and 2). What are the sanctions for Telemedicine Platforms due to losses suffered by patients?.
Pertanggungjawaban Hukum Terhadap Pelaku Usaha Yang Menggunakan Bahan Kimia Melebihi Standar Dalam Produk Skincare Pangalila, Janneta Angela; Budiartha, I Nyoman Putu; Dinar, I Gusti Agung Ayu Gita Pritayanti
Jurnal Analogi Hukum 323-329
Publisher : Fakultas Hukum Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/jah.6.3.2024.323-329

Abstract

The existence of skincare products as a necessity is in great demand by the public, but the existence of this online media problems can arise because they do not care about the ingredients in skincare products such as ingredients exceeding the standard, namely mercury can damage skin cells. The formulation of this problem, 1) How is the legal regulation of business actors who use chemicals exceeding standards in skincare products to avoid harm to consumers in Indonesia? and 2) How is legal responsibility for business actors who use chemicals exceeding standards in skincare products that harm consumers in Indonesia? This research uses normative legal research and doctrinal law as well as statutory and conceptual approaches. The conclusion of this study is that the legal regulation of Article 4 letter c, Article 7 letter a, d, Article 8 paragraph (1) of the GCPL Law, Article 196 of the Health Law and Article 8 of BPOM Regulation No. 17 of 2022. The legal responsibility is based on Article 19 of the GCPL. Suggestions to the government should better supervise the circulation of skincare products that use chemicals that exceed the standard because if more and more circulate, consumers will be harmed.
Co-Authors Anak Agung Sagung Laksmi Dewi Arinjaya, I Gede Yudi Ashton, Annie Long Asri, Ida Ayu Putu Purnam Damayanti, Anak Agung Alit Ista Devi, A.A Mas Karpeka Dharmayuda, Made Satria Fandoe, Brendan Matthew I Nyoman Putu Budiartha Mahayuni, Cokorda Istri Agung Pangalila, Janneta Angela Primantara, Made Rama Wiguna Somayasa, I Made Gede Bagus Sugiartha, I Nyoman Gede Widhiastuty, Ni Putu Ayu Angreny Yani, Anak Agung Rai Gayatri Artha Yudha, Bagus Arya Wira