Articles
Perlindungan Hukum terhadap Konsumen Tabung Oksigen Hasil Modifikasi di Masa Pandemi Covid- 19 Berdasarkan Undang- Undang Nomor 8 Tahun 1999 Tentang Perlindungan Konsumen
Ni Wayan Eny Yulianti;
I Nyoman Putu Budhiarta;
Luh Putu Suryani
Jurnal Interpretasi Hukum Vol. 3 No. 1 (2022): Jurnal Interpretasi Hukum
Publisher : Fakultas Hukum, Universitas Warmadewa
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DOI: 10.22225/juinhum.3.1.4647.107-112
The circulation of modified oxygen cylinders causes the community to need legal protection for the community. So, this research aims to examine the form of legal protection for consumers who are harmed by the use of modified oxygen cylinders by business actors during the Covid-19 pandemic based on Law Number 8 of 1999 concerning Consumer Protection, and to discuss the responsibilities of business actors who harm consumers. for the circulation of modified oxygen cylinders during the Covid-19 pandemic. The normative research method uses a statutory approach, a conceptual approach, and a case approach. The legal materials of this research use primary, secondary and tertiary legal materials. Primary legal material comes from legislation relevant to the research case. Secondary legal materials consist of legal journals, law books, and the internet. And tertiary legal materials, namely supporting legal materials such as legal dictionaries, encyclopaedias and others. The technique of collecting legal materials used in this research is the technique of inventorying legislation according to the hierarchy so that it uses the library method by using the technique of recording legal materials. The results of this study can be concluded that preventive legal protection for consumers of modified oxygen cylinders with the regulation of consumer rights Article 4 UUPK and repressive protection consumers who are harmed can ask for compensation through litigation and non-litigation. Liability to consumers of modified oxygen cylinders who are harmed in the form of product responsibility based on compensation in the form of refunds or health care
Pengelolaan Sampah dalam Upaya Pengendalian Pencemaran Lingkungan oleh Desa Adat Padangtegal, Kecamatan Ubud, Kabupaten Gianyar
I Kadek Purwadi Putra;
Anak Agung Sagung Laksmi Dewi;
Luh Putu Suryani
Jurnal Interpretasi Hukum Vol. 3 No. 1 (2022): Jurnal Interpretasi Hukum
Publisher : Fakultas Hukum, Universitas Warmadewa
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DOI: 10.22225/juinhum.3.1.4743.193-198
Indonesia is a country that is ranked 4 (four) in the world, so it cannot be denied that the problem of waste is a complex problem faced by the Government, waste is one of the biggest problems that are often encountered by people in other parts of the world, waste itself is a leftover from activities and activities. human consumption, which has been wasted and has no economic value anymore. Garbage is a problem faced in almost all parts of the world. Seeing the many waste problems that occurred, the Padangtegal Traditional Village built a Compost House as a form of the Village's concern for the waste problem. This study aims to examine environmental pollution by the traditional village of Padangtegal, Ubud District. The method used is empirical legal research. This research uses a statutory approach and is carried out by examining and studying laws or other regulations such as awig-awig and pararem in accordance with the issues in question, in which the norms are hierarchically arranged in the arrangement of legal norms. Sources of data in this study are primary data and secondary data. The results of the study indicate that the implementation of waste management in the Padangtegal Traditional Village has been running well according to applicable regulations and in its implementation the Padangtegal Traditional Village manages waste management independently through management.
Konsep Anti Eco-Slapp dalam Undang-Undang Nomor 32 Tahun 2009 tentang Perlindungan dan Pengelolaan Lingkungan Hidup
Nyoman Gede Aditya Jay Medhika;
Anak Agung Sagung Laksmi Dewi;
Luh Putu Suryani
Jurnal Interpretasi Hukum Vol. 3 No. 1 (2022): Jurnal Interpretasi Hukum
Publisher : Fakultas Hukum, Universitas Warmadewa
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DOI: 10.22225/juinhum.3.1.4752.220-224
There are several weaknesses in the regulation of the Anti Eco-SLAPP concept in Indonesia, which can hinder the implementation of the Anti Eco-SLAPP concept and cause protection for community participation to still have room for criminalization. This study aims to describe the regulation of the anti-Eco-SLAPP concept in Law Number 32 of 2009 concerning Environmental Protection and Management. This type of research is normative law. This study uses a statute approach by examining the laws and regulations. The data used in this study are primary and secondary data. Data analysis was carried out using qualitative analysis. The data that has been analyzed shows that Anti Eco SLAPP has been regulated in Article 66 of the UUPPLH, which emphasizes that every individual who strives for the right to a good and healthy environment cannot be prosecuted criminally or civilly. In operationalizing Article 66 of the PPLH Law, it is hoped that there are four things that must be considered, namely: the requirements for protection and who is the subject being protected as well as the type of Eco-SLAPP action and the requirements for determining Eco-SLAPP. There are several weaknesses in the regulation of the Anti Eco-SLAPP concept in Indonesia, which can hinder the implementation of the Anti Eco-SLAPP concept and cause protection for community participation to still have room for criminalization. This study aims to describe the regulation of the anti-Eco-SLAPP concept in Law Number 32 of 2009 concerning Environmental Protection and Management. This type of research is normative law. This study uses a statute approach by examining the laws and regulations. The data used in this study are primary and secondary data. Data analysis was carried out using qualitative analysis. The data that has been analyzed shows that Anti Eco SLAPP has been regulated in Article 66 of the UUPPLH, which emphasizes that every individual who strives for the right to a good and healthy environment cannot be prosecuted criminally or civilly. In operationalizing Article 66 of the PPLH Law, it is hoped that there are four things that must be considered, namely: the requirements for protection and who is the subject being protected as well as the type of Eco-SLAPP action and the requirements for determining Eco-SLAPP.
Peran Masyarakat dalam Upaya Pelestarian Hutan Taman Nasional Bali Barat di Desa Eka Sari
Ni Putu Eka Dharma Yanti;
I Nyoman Gede Sugiartha;
Luh Putu Suryani
Jurnal Interpretasi Hukum Vol. 3 No. 2 (2022): Jurnal Interpretasi Hukum
Publisher : Fakultas Hukum, Universitas Warmadewa
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DOI: 10.22225/juinhum.3.2.5066.287-291
The role of the community in the management of the West Bali National Park Conservation area is to actively involve the community in the management of the Conservation area. Ekasari Village is one of the supporting villages for the West Bali National Park Center. This research examines two things: The role of the community in preserving the forests of the West Bali National Park in Ekasari Village and the Application of Legal Sanctions If People Do Violations. The purpose of this research was to determine the role of the community in forest conservation. This research is an empirical research writing and a sociological approach, the legal materials are sourced from primary legal materials with descriptive data analysis. The results showed that the role of the people of Ekasari Village played an active role in the preservation of the West Bali National Park. If members of the Ekasari Village community commit a violation, they will be subject to sanctions according to what is stipulated in the customary village awig-awig. In addition, sanctions are imposed on Law No. 5 of 1990 Violation of the above provisions can be subject to criminal penalties
Penerapan Informed Consent di Klinik Pratama Tiara Husada
Tjokorda Istri Agung Devitia Widya Paramita Putri;
Anak Agung Sagung Laksmi Dewi;
Luh Putu Suryani
Jurnal Interpretasi Hukum Vol. 3 No. 2 (2022): Jurnal Interpretasi Hukum
Publisher : Fakultas Hukum, Universitas Warmadewa
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DOI: 10.22225/juinhum.3.2.5090.339-345
The aim is to implement informed consent at Tiara Husada Primary Clinic. This research includes empirical legal research based on sociological, factual, and conceptual approaches. The data is sourced from the results of field research and legislation. While the data collection is done by using the technique of documentation, interviews and literature research. The results of the research show that the implementation of the approval of medical actions at the Tiara Husada Pratama Clinic is juridically in accordance with applicable regulations, where in its implementation it is prioritized on the communication process between doctors and their patients, not only on filling out and signing forms. If there is a difference of opinion between the doctor and his patient regarding the medical action to be carried out, the medical personnel in the settlement, will continue to try to respect the patient's human rights by continuing to provide the best service, providing other alternative actions even though the results are not optimal compared to the medical actions that have been suggested, and didn't force them to go home.
Pelaksanaan Penegakan Disiplin Pegawai Kontrak di Kantor Dewan Perwakilan Rakyat Daerah (DPRD) Kabupaten Tabanan
I Putu Dion Mahardika;
Ida Ayu Putu Widiati;
Luh Putu Suryani
Jurnal Interpretasi Hukum Vol. 3 No. 3 (2022): Jurnal Interpretasi Hukum
Publisher : Fakultas Hukum, Universitas Warmadewa
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DOI: 10.22225/juinhum.3.3.5774.372-378
Contract Employees have an important role to achieve the success of the government. However, in reality there are still many shortcomings made by Contract Employees, especially the implementation of discipline. Discipline is an important factor to achieve the success of an organization. There are two main problems, namely how to implement contract employee discipline and how to enforce contract employee discipline at the office of the Regional People's Representative Council (DPRD). This study uses the type of empirical legal research taken by means of interviews, observations and literature research. The results of this study are, the implementation of contract employee discipline in the Tabanan Regency DPRD Office has been carried out smoothly. There are shortcomings in the enforcement of contract employee discipline. The factor that hinders the implementation of contract employee discipline is the HR factor. Efforts in enforcing the discipline of counter-employees at the Tabanan DPRD office are prevention and prosecution efforts.
Rehabilitasi terhadap Korban Penyalahgunaan Narkotika di Badan Narkotika Nasional Provinsi Bali
I Made Subantara;
Anak Agung Sagung Laksmi Dewi;
Luh Putu Suryani
Jurnal Preferensi Hukum Vol. 1 No. 1 (2020): Jurnal Preferensi Hukum
Publisher : Warmadewa Press
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Narcotics continues to be produced at this time in addition to medicine as well as for the development of scientific studies. Narcotics, on the one hand, is a drug or substance that is useful in the field of medicine or health services and scientific development, on the other hand, it can lead to dependence and cause harm if it is not used properly and without strict and careful control and supervision. When used irregularly according to dosages, it can be physically and mentally damaging for those who use it to become dependent. This study aims to determine the procedures for implementing rehabilitation of victims of narcotics abuse and the obstacles faced by the National Narcotics Agency of Bali Province in rehabilitating narcotics abuse at the National Narcotics Agency of Bali Province. This research uses the normative method because there are still vague norms, based on the opinion of the undergraduate law and law.
Perlindungan Hukum terhadap Karya Cipta Fotografi
I Kadek Candra Wisesa;
Desak Gde Dwi Arini;
Luh Putu Suryani
Jurnal Preferensi Hukum Vol. 1 No. 1 (2020): Jurnal Preferensi Hukum
Publisher : Warmadewa Press
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The richness in the diversity of arts and cultures can be found in the Republic of Indonesia. Intellectual property rights obtain protection as stipulated in legislation, including Law Number 28 of 2014 concerning Copyright. The advancement in technology and the increasingly developing world of digital photography by means of digital cameras raises the legal issues of copyright in photographic works. The main issues examined in this paper are: the forms of legal protection of the rights of the creators of photographic works and the resolution of disputes of photographic works that are used without permission. The method used to examine this issue is the normative legal research method with a legislative approach. Copyright Protection of photographic works may be done in two ways, namely preventive in which legal protection given to the creator of photography which the creator shall done by registering the copyright, and repressive protection realised by filing a lawsuit in court if there is a violation of copyright in the photographic work. All rights reserved must always be appreciated by not committing violating actions which are arbitrarily committed especially if it relates to providing benefits for violators.
Perlindungan Hukum terhadap Pengusaha Sewa Menyewa Kendaraan Bermotor yang Dirugikan oleh Konsumen pada Perusahaan Paulus Rental Bike Kabupaten Badung
Philipus Dian Anjaraka;
I Nyoman Putu Budiartha;
Luh Putu Suryani
Jurnal Preferensi Hukum Vol. 1 No. 1 (2020): Jurnal Preferensi Hukum
Publisher : Warmadewa Press
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The development of the motor vehicle industry sector is currently growing rapidly both domestically and imported from abroad so that in this business such as manufacturers, dealers and traders of vehicles competing with each other to provide facilities to consumers in order to increase turnover trading. In this research, it discusses efforts to resolve disputes between business owners who are harmed by consumers in the non-litigation process, and analyzes the obstacles that occur in the resolution of such disputes. The method used in this study is the empirical research method. The data used are primary and secondary data. The results showed that efforts to resolve disputes between business owners, especially motor vehicle leasing when harmed by consumers, were carried out by non-litigation, namely by using an alternative dispute resolution outside the court with mediation and negotiation mechanisms to the tenants who had apologized by returning the money agreed by both parties. In addition, the inhibiting factor in efforts to resolve disputes between business owners who are disadvantaged by consumers in the dispute resolution process is the rule of law factor. In this case because the loss is classified in the civil realm, it requires time to prove the loss that must get legality from the court. Not only the rule of law, but also law enforcement factors that process cases for so long and slow respond.