Articles
Penyelesaian Sengketa Pembagian Harta Bersama yang Dijadikan Jaminan Hutang Melalui Akta Perdamaian
Pratama, I Gede Arya Agus;
Mahendrawati, Ni Luh;
Suryani, Luh Putu
Jurnal Analogi Hukum 165-169
Publisher : Fakultas Hukum Universitas Warmadewa
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DOI: 10.22225/ah.2.2.2020.165-169
Joint assets are assets that a husband and wife can obtain during marriage. Dispute resolution means that the resolution of a conflict between two or more parties originating from different perceptions about an interest or property rights that can have legal consequences for both. The Peace Deed is after the parties mediate, a case agreement is reached on the subject matter of the dispute formulated in the peace agreement. At the appointed hearing, the case filed the peace agreement so that it could be used as a peace deed to resolve their dispute. Based on the explanation above, the following issues will be discussed: 1. Can the joint property of the marriage which is used as a debt security to a third party be the object of a peace agreement by the Plaintiff and Defendant? and 2. How is the process of resolving disputes over joint assets that are used as collateral for debts to third parties? This research uses normative legal research methods, using the statutory approach and conceptual approach, assessing primary and secondary legal materials. The results of this study indicate : That, joint property of a marriage that is in the second place as a debt collateral, cannot be used as an object of ownership disputes, or objects in the peace deed between the plaintiff and the defendant without involving the right holder's collateral, Husband or wife husband and wife disputing shared assets that are used as collateral for debt, must place the collateral holder as one of the cases.
Implikasi Dari Sanksi Administrasi Terhadap Penerimaan Pajak Kendaraan Bermotor (Studi Kasus Pada Samsat Renon Denpasar)
Dwipayana, I Kadek Denny Harta;
Dewi, Anak Agung Sagung Laksmi;
Suryani , Luh Putu
Jurnal Analogi Hukum 170-175
Publisher : Fakultas Hukum Universitas Warmadewa
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DOI: 10.22225/ah.2.2.2020.170-175
In realizing the national development mission, one of the efforts made by the Indonesian government is to maximize the source of funding in the form of taxes. The state is not categorized as a power state. One type of tax that has the potential to increase along with technological advances and the standard needs of secondary to primary is the motor vehicle tax. The problems of this research are 1) How is the imposition of administrative sanctions on motor vehicle tax receipts at the SAMSAT Renon Denpasar Office? 2) What are the implications of administrative sanctions on motor vehicle tax at the Renon Denpasar SAMSAT Office? The research method used is an empirical legal research method, with data sources using empirical sociological or juridical problem approaches in other words solving secondary problems first then primary. The results of the study can be concluded that: Imposing sanctions for motorcycle tax administration in the SAMSAT Renon Denpasar office can be said to be good, this is seen from the level of compliance of motor vehicle taxpayers in paying motor vehicle tax taxpayers aware of their obligations to pay Motor Vehicle Tax and timely payment Motor Vehicle Tax. Implications of imposing motor vehicle tax administration sanctions based on the results of a regression analysis that with the motor vehicle tax administration sanctions will increase taxpayer compliance
Ketidakhadiran Pihak Termohon Dalam Pemeriksaan Cerai Talak (Studi Kasus Nomor: 0009/Pdt.G/2018/PA.Bdg)
Purnacandrama, I Putu Gede Anom;
Dewi, Anak Agung Sagung Laksmi;
Suryani, Luh Putu
Jurnal Analogi Hukum 197-202
Publisher : Fakultas Hukum Universitas Warmadewa
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DOI: 10.22225/ah.2.2.2020.197-202
Penelitian dalam jurnal ini dilatar belakangi adanya kasus yang terjadi di masyarakat, akhir-akhir ini banyak terjadi perceraian di kalangan masyarakat, putusan verstek dalam perkara cerai talak dapat kita jumpai dalam perkara di pengadilan dimana salah satu pihak tidak hadir dalam persidangan dengan alasan maupun tanpa alasan yang sah. Pada pasal 125 ayat (1) HIR. Putusan verstek sebagai putusan hakim pengadilan agama dalam perkara perdata adalah salah satu putusan masuk dalam tahap putusan akhir. Rumusan masalahnya 1) bagaimana kekuatan hukum verstek dalam pemeriksaan cerai talak, 2) bagaimana keputusan hakim tentang penjatuhan putusan verstek terhadap perkara cerai talak. Metode yang digunakan dalam pembuatan jurnal ini adalah metode normative. Dalam hukum acara perdata Indonesia mengenai putusan verstek ini diatur dalam pasal 125 HIR/149 RBg. Ketidakhadiran salah satu pihak atau ketidakhadiran pihak tergugat pada hari sidang yang telah ditentukan adalah salah satu syarat untuk bisa dijatuhkannya putusan verstek oleh majelis hakim pengadilan agama badung yang memimpin persidangan dalam perkara perdata. Metode yang digunakan peneliti adalah metode normative yang merupakan penelitian yang berdasarkan bahan hukum sekunder dari perpustakaan. Dengan putusan verstek ini yang berkekuatan hukum tetap majelis hakim mengabulkan permintaan pihak pemohon dalam persidangan seperti halnya perkara yang masuk di Pengadilan Agama Badung dengan nomoister 0009/Pdt.G/2018/PA.Bdg.
Fungsi Satuan Polisi Pamong Praja Provinsi Bali dalam Memelihara Ketentraman dan Ketertiban Masyarakat
Paramartha, Putu Gede Indra;
Arthanaya , I Wayan;
Suryani, Luh Putu
Jurnal Analogi Hukum 258-263
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
Prabandari, Luh Nyoman Diah Sri;
Arthanaya, I Wayan;
Suryani, Luh Putu
Jurnal Analogi Hukum 1-5
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.
Tanggung Jawab PT. POS Indonesia (Persero) Cabang Tabanan Terhadap Wanprestasi Pengiriman Barang
Septyawati, Ni Made;
Budiartha, I Nyoman Putu;
Suryani, Luh Putu
Jurnal Analogi Hukum 74-78
Publisher : Fakultas Hukum Universitas Warmadewa
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DOI: 10.22225/ah.3.1.2021.74-78
Post is a written communication service and electronic mail, package service, logistics service, financial transaction service, and post agency service for public purpose. Regulation regarding the post is regulation number 38 in 2009 and Government regulation number 15 in 2013. But in the service post often defaultsin shipping goods. The formulation of the problem to be discussed ishow is legal responsibility Tabanan Post Office for default on consumers because of damage and loss of consumer goods and how default settlement between damaged and lost consumer goods by Tabanan post office. In conducting this research is used empirical research type that is trough field research. To accountthe actions Tabanan post office give compensation to consumers corresponding wiith regulation number 38 in 2009 and refers to the decision of the board of directors number KD 128/DITRATKET/0616 regarding compensation for domestic letters and packages.Legal responsibility of Tabanan post office for default on consumers for damage and loss of consumer goodsis by way of out of court, this mothod is achieved by riconcile the parties with an agreement where the parties are harmed service users to request compensation to Tabanan post officeand negotiate about the amount of compensation.
Pengenaan Pajak Pada Perjanjian Pengikatan Jual Beli Hak Atas Tanah
Wijaya, Nadia Githa;
Seputra, I PT. GD.;
Suryani, Luh Putu
Jurnal Analogi Hukum 6-10
Publisher : Fakultas Hukum Universitas Warmadewa
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DOI: 10.22225/ah.3.1.2021.6-10
Buying and selling is an deal between the parties about paying a certain price of an item, with the aim of transferring ownership rights. in achieving legal certainty in the sale and purchase of land rights, the parties are bound by an agreement based on an agreement made before a notary. Considering Government Ordinance Number 24 of 1997 concerning Land Registration, the transfer of rights to land only arises after the issuance of a sale and purchase deed by the Land Deed Official, then vague norm arises related imposition of tax in the binding agreement on the sale and purchase of land rights. The formulation of the problem: 1. What is the process of binding agreement on the sale and purchase of land rights related to imposition of tax? 2. What is the form of tax imposition in the agreement to buy and sell rights to land? The research method used was Normative/Literature. Binding agreement on the sale and purchase of land rights is a pre-agreement made because it relates to the imposition of tax in the case of a transfer of rights to land that must be paid in advance to order carry out transactions in the Land Deed Official. The tax imposed in the binding agreement on the sale and purchase of land rights is the income tax for the seller and the Cost of Acquiring Land and/or Building Rights for the buyer.
Pembatalan Sertifikat Hak Milik Atas Tanah Akibat Cacat Administrasi
Gayatri, Ni Made Silvia;
Seputra, I Putu Gede;
Suryani, Luh Putu
Jurnal Analogi Hukum 79-83
Publisher : Fakultas Hukum Universitas Warmadewa
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DOI: 10.22225/ah.3.1.2021.79-83
Land registration is held to guarantee legal certainty, the completion of land registration is the issuance of a Certificate. The strongest proof of Land Rights is the Certificate, but currently there are many certificates that are not in accordance with the procedure resulting in the issuance of certificates with legal defects or administrative defects, therefore, the authors conducted a study entitled Cancellation of Land Ownership Certificate Due to Administrative Disabilities. By using the formulations of the problem: 1) how is the basis for cancellation of certificate of land rights that are administratively flawed; 2) What are the legal consequences certificates of ownership rights on land with administrative defects. The research method used is a normative research method. In Minister of Agrarian Regulation No. 3 of 1999, article 1 point 12 explains that the basis for cancellation of a certificate can be canceled because the decree contains an administrative legal flaw. Defects Administrative law can be interpreted by a policy or procedure that is not in accordance with applicable law. If there is an administrative defect in the issuance of the certificate, the certificate can be submitted for cancellation. Cancellation of certificate can be through BPN and TUN. The canceled certificate can be renewed or re-registered.
Pewarisan Hak Atas Tanah Yang Dibebankan Hak
Triani, Ni Komang Evic;
Sukadana, I Ketut;
Suryani, Luh Putu
Jurnal Analogi Hukum 52-56
Publisher : Fakultas Hukum Universitas Warmadewa
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DOI: 10.22225/ah.3.1.2021.52-56
Land ownership is the highest land rights in any country. Property Right apart from being transferred can also be borne by mortgages or used as collateral for debt repayment.Land ownership has economic value for human needs. Apart from being transferred, Land ownership can also be borne by mortgages or pledged as collateral for repayment of debt. Land ownership can be transferred because inheritance of acquired land and inheritance is important to be registered to obtain legal certainty. The formulation of the problem raised in this study is; (1) What is the process of inheritance of land rights imposed with Mortgage Rights? and (2) What are the consequences faced by creditors for the inheritance of rights to land that are charged with Mortgage rights? This study aims to determine the process of inheritance of land rights that are charged with Mortgage Rights. This normative study with a method of approaching the problem of legislation with a conceptual approach. Based on the results of this study can be concluded that the process of transferring land rights due to inheritance occurs because of law. Heirs have to pay all debts left by the heir. The consequences faced by creditors are to wait for the process of returning the name of the object to the mortgage. A certificate issued by a land office has the same legal force as a court decision.
Perlindungan Hukum Terhadap Tenaga Kerja Indonesia di Luar Negeri
Dewi, Ni Kadek Sintia;
Arini, Desak Gde Dwi;
Suryani , Luh Putu
Jurnal Analogi Hukum 37-41
Publisher : Fakultas Hukum Universitas Warmadewa
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DOI: 10.22225/ah.3.1.2021.37-41
Indonesian Workers, hereinafter referred to as TKI, are every Indonesian citizen who meets the requirements to work abroad in employment relations for a certain period of time by receiving wages. In the case of the placement of overseas Indonesian Workers held by Indonesian Manpower Services Companies must be in accordance with the terms and procedures specified in the legislation. After the terms and procedures are fulfilled, a work agreement is made concerning legal protection for the rights of Indonesian Workers. With the employment agreement, Indonesian Workers who work abroad will receive legal protection at pre-placement, placement and after-placement. The problem in this study is regarding the regulation of employment agreements and placement of Indonesian workers abroad and forms of legal protection for Indonesian workers abroad. The research method used in the discussion of this paper, the authors use the main approach, namely the Statute Approach and the Conceptual Approach as supporting the legislative approach, the source of the legal material for writing is obtained from the literature with the type of legal material in the form of material primary law and secondary legal material. The results of this study found that the weak protection of Indonesian workers is due to two main factors, namely the implementation factor of the protection law issued by the government does not work as it should, and a weak coordination factor between related stakeholders.