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Pemutusan Kontrak Secara Sepihak oleh Pejabat Pembuat Komitmen (PPK) Terhadap Penyedia Barang/Jasa
Gusti Ngurah Anom Widyarta;
I Wayan Arthanaya;
Luh Putu Suryani
Jurnal Analogi Hukum Vol. 1 No. 2 (2019): Jurnal Analogi Hukum
Publisher : Fakultas Hukum Universitas Warmadewa
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DOI: 10.22225/ah.1.2.2019.153-157
As a legal state, every administration of government affairs must be based on applicable law. As a State that embraces decentralization it means that government affairs consist of central government affairs and regional government affairs. This means that there is a set of central government tools and local government instruments, which are given autonomy, namely freedom and independence to regulate and manage regional household affairs. In carrying out the functions of government, it is definitely needed by providers of goods / services that support the optimal performance of the agency. The contract for the procurement of goods / services between PPK and the goods / services provider contains the obligations and rights of the parties in the context of carrying out the procurement of goods / services. In the implementation of contracts, often the goods / services provider does not carry out its obligations perfectly in accordance with what has been stated in the contract. This can result in the unilateral termination of the contract by the PPK, and in this study discussed the procedure for terminating contracts in the procurement of goods / services as well as the legal consequences of unilateral termination of contracts by Commitment Makers (PPK) to providers of goods. This study is a type of Normative Legal Research, using a statutory approach, while the source of legal material is obtained from primary legal materials, namely the applicable legislation and secondary legal material obtained from literature or scientific work that is relevant to the problem appointed. Legal material collection techniques with document studies and legal material analysis are processed systematically and the results are presented in descriptive analysis. From the results of this study it can be concluded that the procedure for unilaterally terminating contracts in the procurement of goods / services contracts is preceded by giving warnings (summons), proving meetings (Show Cause Meeting) and giving Test Cases and legal consequences of unilateral termination of contracts. Contract for the procurement of goods / services is the imposition of administrative sanctions, blacklisted sanctions, civil claims and criminal reporting to the authorities.
Perlindungan Hukum Terhadap Pemegang Polis Asuransi Jiwa Pada PT FWD Life Indonesia Cabang Denpasar
Ida Ayu Ketut Sarwini;
Anak Agung Sagung Laksmi Dewi;
Luh Putu Suryani
Jurnal Analogi Hukum Vol. 1 No. 2 (2019): Jurnal Analogi Hukum
Publisher : Fakultas Hukum Universitas Warmadewa
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DOI: 10.22225/ah.1.2.2019.249-253
In everyday life humans are never free from the threat of disaster. This is where the importance of an insurance service as an investment. From the description of the background of the problem, the formulation of the problem in this study is How is the implementation of unit-linked life insurance at PT FWD Life Indonesia Denpasar Branch? What is the legal protection given to unit-link life insurance policy holders at PT FWD Life Indonesia Denpasar Branch? This type of research is a type of normative legal research. The source of legal material consists of primary legal material and secondary legal material. Methods of collecting legal materials using documentation and recording methods. Data analysis techniques use analytical techniques in a legal and descriptive interpretation. Conclusions from this study are unit-link life insurance implementation at PT FWD Life Indonesia Denpasar Branch conducted by fulfilling the requirements of Sales illustration and eSPAJ, Photo of identity card holder or main insured or insured, Complete account auto debit, Credit card auto debit, Signature confirmation form electronics and FNA (Financial Need Analysis) and RPO (Risk Profile Questionnaire) specifically for links in electronic form along with eSPAJ. Legal protection given to unit-link life insurance policy holders at PT FWD Life Indonesia Denpasar Branch is to fulfill the rights and obligations that should be owned by policy holders of PT FWD Life Indonesia Denpasar Branch and business people of PT FWD Life Indonesia Denpasar Branch. Legal protection can also be emphasized by providing compensation, resolving disputes and sanctions against companies that violate giving compensation to policy holders of PT FWD Life Indonesia Denpasar Branch
Pemberian Hibah Pemerintah Provinsi Bali Kepada Desa Pakraman
Ketut Gita Lestari;
I Wayan Arthanaya;
Luh Putu Suryani
Jurnal Analogi Hukum Vol. 1 No. 2 (2019): Jurnal Analogi Hukum
Publisher : Fakultas Hukum Universitas Warmadewa
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DOI: 10.22225/ah.1.2.2019.259-264
Provisions for granting grants are contained in the Law concerning Regional Government which states that grants and social assistance expenditures are budgeted in the APBD in accordance with regional financial capacity. To overcome confusion over Government funding recipient object in this case the Ministry of Interior issued a Regulation on the Amendment on Guidelines for Grants. Government P rovincial B ali quite cautious in giving grants to Pakraman. The government should be careful in interpreting whether Pakraman including bodies and agencies which are set in the Regulation. The formulation of the problem raised is 1. What are the conditions for awarding grants in Bali Province? 2. What is the procedure for awarding grants in Bali Province? The type of writing is Legal Normative approach to legislation and legal norms in force, t eknik collection started with an inventory by collecting and organizing legal materials into an information system and using description techniques by describing them first and then analyzing and then concluding. Government Authority Bali Province inside gift grant function for ngkatan meni service and welfare of the community, from the results observations of researchers regarding the process of implementing community grant programs in the city of Denpasar are in accordance with the provisions of the law, but there are still grants and social assistance that are not in accordance with the applicable provisions or requirements that have not been met . The mechanism for granting grants to the Bali Provincial Government is based on the Pergub Hibah and Bansos with apply the logic flow that giving grants to community organizations that are not registered in the ministry will support the existence and development of Balinese culture
Penyelesaian Permohonan Fiktif Positif untuk Mendapatkan Keputusan di Pengadilan Tata Usaha Negara
Ni Komang Ayu Arniti;
Anak Agung Sagung Laksmi Dewi;
Luh Putu Suryani
Jurnal Analogi Hukum Vol. 1 No. 2 (2019): Jurnal Analogi Hukum
Publisher : Fakultas Hukum Universitas Warmadewa
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DOI: 10.22225/ah.1.2.2019.265-270
The Enactment of Law (No.) 30 of 2014 on Government Administration raises a new paradigm related to silence or neglect of agencies or officials of State administration where if within the specified time limit does make decisions or actions, then the application is deemed granted law and to obtain an acceptance decision the applicant must submit an application to the Administrative Court. As for the formulation of the problem in this case 1) What is the mechanism of a positive fictitious application in the event that a state administrative body or official does not issue a decision on a request submitted by its citizens? 2) What is the Judge's Consideration in completing the application at the Denpasar State Administrative Court? The method in this study is a type of normative juridical research that is by conducting a legal approach and case approach. The sources of legal material that will be used are sourced from research, the literature in the form of primary and secondary legal materials. The technique of collecting legal materials by means of inventory is then carried out identification and classification of legal materials. Legal materials are analyzed with systematic interpretations by applying inductive logic, which is trying to find legal rules, then do discussions to get answers to the problems under study. Regarding the mechanism for resolving positive fictitious applications set out in Supreme Court Regulation (No.) 8 of 2017. A positive fictitious application is an application for the issuance of a decision and or a new official governmental action, not a cancellation of existing decisions, because the formality of the application is not fulfilled as a fictitious positive application, then at such discretion the Assembly of Judges is of the opinion that the petition of the Petitioner is unacceptable.
Kekuatan Hukum Sertifikat Jaminan Fidusia yang didaftarkan Setelah Terjadinya Wanprestasi
I Gusti Ayu Dwi Meilaputri;
Luh Putu Suryani;
Pt. Gd. Seputra
Jurnal Analogi Hukum Vol. 1 No. 2 (2019): Jurnal Analogi Hukum
Publisher : Fakultas Hukum Universitas Warmadewa
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DOI: 10.22225/ah.1.2.2019.192-196
Fiduciary guarantee is a guarantee given in the form of a fiduciary. Where this has been arranged fiduciary guarantee in Fiduciary law. This own fiduciary guarantee facility have legal certainty against the parties involved in the fiduciary guarantee by bank credit to the public as a financial institution, where the debtor further directed by the bank to adjust its facilities credit given by the banks. This fiduciary itself has been regulated in the law on Fiduciary Guarantee that serves to help business activities. This journal discusses the fiduciary guarantee certificate that is registered by a financial institution after the tort, though there are rules concerning the grace period registration fiduciary guarantee so that later published the certificate of guarantee which has the force of law. This journal discusses the fiduciary guarantee certificate that is registered by a financial institution after the tort. This journal theme was chose because as time passes the human purposes and insufficient economic life needs are growing. The problem arises i.e. the law arising from fiduciary guarantee agreements and tort caused by the debtor. The method used is normative legislation and conceptual approach. The source of the legal materials in use are primary and secondary data sources. As for the analysis in the writing is done by holding the legal arguments based on inductive logic. The activities of the Bank with a fiduciary warranty is performed by holding the principle of trust. In the event of a tort committed by the debtor then the efforts taken by the Bank through late payment notifications via direct calls or provide a warning letter. If payment has not been made after the warning letter last attempt taken i.e. step completion by performing the execution of object fiduciary guarantee either through public auction or sales under the hand.
Pertanggungjawaban Terhadap Tindak Pidana Pencemaran Lingkungan Hidup
I Made Aditya Dwipayana;
Anak Agung Sagung Laksmi Dewi;
Luh Putu Suryani
Jurnal Analogi Hukum Vol. 1 No. 3 (2019): Jurnal Analogi Hukum
Publisher : Fakultas Hukum Universitas Warmadewa
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DOI: 10.22225/ah.1.3.2019.360-365
Environmental damage in Indonesia is increasingly worrisome, even endangering every living creature, including future generations of life. In an effort to protect the environment in Indonesia, the government has issued Law No. 32 of 2009 concerning Environmental Protection and Management, which in principle follows the principle of the Strict Liability of the environment and how it is resolved. From the background, the problem can be formulated as follows: 1. what is the responsibility of criminal acts against environmental pollution? 2. How is the law applied to environmental pollution crime? The research method used is to use normative research. Legal materials used are primary legal material and secondary law. After all the materials collected are then processed using deductive logic and analysis of legal interpretation. Environmental pollution is a change in the environment that is not desirable because it can affect the activities, health and safety of living things. And it can be concluded as follows, the responsible parties are not only individuals, but also corporations, for example a business entity. Where the application of the law regarding environmental pollution crimes is is generally contained in laws and regulations relating to protection and management of the environment. It is suggested that the government be more assertive in demanding accountability for environmental pollution.
Sanksi Pidana Terhadap Tindak Pidana Pertambangan (Menurut Undang-Undang No. 4 Tahun 2009 Tentang Minerba)
I Made Bayu Sucantra;
I Nyoman Sujana;
Luh Putu Suryani
Jurnal Analogi Hukum Vol. 1 No. 3 (2019): Jurnal Analogi Hukum
Publisher : Fakultas Hukum Universitas Warmadewa
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DOI: 10.22225/ah.1.3.2019.366-371
Nowadays economic development is accompanied by increasingly advanced technological developments in Indonesia as a result of development causing various legal consequences. The growth of development is increasingly rapid and strong. Developmental development also has a role for the environment. This study aims to find out about the regulation of the management of mining business permits both requirements that must be met nationally and according to regional regulations. The application of criminal sanctions is carried out if there is a violation in the community of mining businesses that do not have a mining business permit that should be owned because it has been stated in Law Number 4 of 2009 and especially in Bali Regional Regulation Number 4 of 2017 as regulated permits and sanctions against mining. This study uses a normative approach. The data sources used are primary data, and secondary data. The problem in this thesis is the regulation of business permits for the mining of sandstone in Bali and the application of sanctions to perpetrators of unauthorized mining. The results of the study can be concluded that the form of regulation of mining business permits is regulated in Law No. 4 of 2009 concerning Mineral and Coal Mining and if you wish to have, the requirements are in the form of administrative requirements, technical requirements, environmental requirements, and financial requirements and for mining business permit arrangements rocks in Bali are regulated in Governor Regulation No. 37 of 2018.
Jual Beli Hak Milik Atas Tanah Yang Belum Bersertifikat
I Made Handika Putra;
I Ketut Sukadana;
Luh Putu Suryani
Jurnal Analogi Hukum Vol. 1 No. 3 (2019): Jurnal Analogi Hukum
Publisher : Fakultas Hukum Universitas Warmadewa
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DOI: 10.22225/ah.1.3.2019.372-376
The most powerful property rights are property rights over land, the way to obtain ownership rights is the transfer of rights, one of which is by buying and selling, in buying and selling activities with land objects that are very vulnerable to land problems, one of which is buying and selling land without a certificate. From that the author is interested in conducting research in the form of a thesis with the title of Sale and Purchase of Property on Land that is not yet certified. By using the formulation of the problem: 1) What the Procedure for transitioning rights to land that has not been certified; 2) What are the legal consequences of buy and sell land that has’nt had been certified. The research method used is a normative research method. Transferable property means to move from someone to another party due to legal actions, one of which is by buying and selling, the number of problems in the transfer of rights due to the sale and purchase of land for which there is no certificate, due to legal sale and purchase the transfer of land rights and the absence of legal certainty of holders of land rights.
Fungsi Satuan Polisi Pamong Praja Provinsi Bali dalam Memelihara Ketentraman dan Ketertiban Masyarakat
Putu Gede Indra Paramartha;
I Wayan Arthanaya;
Luh Putu Suryani
Jurnal Analogi Hukum Vol. 2 No. 2 (2020): Jurnal Analogi Hukum
Publisher : Fakultas Hukum Universitas Warmadewa
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DOI: 10.22225/ah.2.2.2020.258-263
The Civil Service Police Unit in the Province of Bali is indispensable and can be said to be one of the law enforcement officers. The formulation of the problems used in this study are: (1) How is the Function of the Bali Civil Service Police Unit in maintaining peace and public order; (2) How is the strategy of the Bali Province Satpol PP Work Unit in overcoming obstacles in conducting supervision and control. This research was conducted using normative legal research. As for the source and type of material of this research are primary legal materials which are looking at the laws and secondary legal materials written the experts and the results of the scientists are then processed and analyzed descriptively to get a conclusion. Based on the results of the research it can be concluded that the Bali Civil Service Police Unit (Satpol PP) has the function of maintaining and maintaining security and order and also helps the regional head to create a policy regional peace, orderly, and orderly so that the administration of government can run smoothly and the community can carry out its activities safely. The strategy to overcome obstacles in conducting oversight and control is expected to be that SATPOL PP always coordinates with related parties / agencies
Pemberian Ganti Rugi Terhadap Pengadaan Tanah Oleh Pemerintah Untuk Kepentingan Umum
Luh Nyoman Diah Sri Prabandari;
I Wayan Arthanaya;
Luh Putu Suryani
Jurnal Analogi Hukum Vol. 3 No. 1 (2021): Jurnal Analogi Hukum
Publisher : Fakultas Hukum Universitas Warmadewa
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DOI: 10.22225/ah.3.1.2021.1-5
Land purchasing is an activity taken by government in order to build public fasilities, purchasing also done by giving some compesation to society that affected. During purchasing activity never runs smooth , where mostly some people who gets land purchase is not santisfied with the amount of compensation that given by government. Regarding those matters, we may conclude there are 2 problems those are : 1. What Is the juridical basis for land acquistion in the public interest?, 2. How is the mechanism of compesation in land purchasing for public that held by goverment ?. Research that an be used to solve the problem is normatif research method by studying the valid rules. Juridis platform land purchasing is President policy no 71 year 2012 about land enforcement to public needs, the regulation no 2 year 2012 about land purchasing for public developing. Compensation mechanism on land purchasing must be based on the forum between committee and the right holder of the land or plants that’s exist on it, that during the interpretation or the quotation the amount of compensation should be agreed and must be based on the local public price.