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Urgency of TRIPs Waiver in Patent Legal Protection against Covid 19 Vaccine Putu Ayu Sriasih Wesna
Jurnal Magister Hukum Udayana (Udayana Master Law Journal) Vol 10 No 4 (2021)
Publisher : University of Udayana

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24843/JMHU.2021.v10.i04.p03

Abstract

The emergence of Covid 19 in December 2019 in the city of Wuhan, China which spread throughout the world caused the WHO to finally declare it a pandemic. This is in line with the emergence of new products that have intellectual property values ??related to the handling of the COVID-19 pandemic, one of which is vaccines which are very essential. Intellectual Property protection provisions can lead to monopolistic practices of knowledge by the pharmaceutical industry in developed countries. This is a form of abuse of intellectual property protection, especially patent protection by corporations that hide behind exclusive rights in intellectual property protection. Exclusive rights provide the authority to prevent other people from producing and trading products whose technology is requested for protection in an effort to keep profits in the hands of intellectual property holders. The Trade-Related Aspects of Intellectual Property Rights (TRIPS) Waiver proposal promoted by India and South Africa opened the world's eyes that the increase in COVID-19 cases, the emergence of new variants and the global vaccination gap are reminders that countries in the world must work together in dealing with pandemic. In writing this research using normative legal research methods as a characteristic of legal science is its normative nature. This research started from the existence of a norm vacuum in the TRIPS Agreement where there was no neglect of several provisions in the TRIPs.
Legal Accountability of a Sole Director in Micro and Small Limited Liability Company Indra Bambang; I Nyoman Sujana; Putu Ayu Sriasih Wesna
Journal Research of Social Science, Economics, and Management Vol. 1 No. 8 (2022): Journal Research of Social Science, Economics, and Management
Publisher : Publikasi Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (3435.335 KB) | DOI: 10.59141/jrssem.v1i8.123

Abstract

There is a need to investigate the regulation of legal accountability of a Sole Director who is also the founder of the company in a micro and small Limited Liability company based on Article 153 letter J of the Job Creation Law, because of the possibility of an ill-intentioned Director trying to protect his/her personal assets and assuming liability only for the shares he owns. Based on the aforementioned background, the problems in this study can be formulated as follow: 1. How is the accountability of a Sole Directors in a micro or small Limited Liability company regulated? and 2. What is the form of legal accountability for the sole Director in a micro and small Limited Liability company? The type of legal research used in this study is normative juridical research. The form of legal liability of a Sole Director in a micro or small Limited Liability company is closely linked to the principle of limited liability of the Board of Directors. If the requirement of having 2 (two) persons is not met, it will result in the limited accountability of the Limited Liability company becoming unlimited accountability. Unlimited accountability means that all legal actions and losses of the Limited Liability company become the personal liability of the founder or shareholder.
Arrangement of Agricultural Land Production Sharing Agreements in the Development of Environmentally Friendly Agrotourism Ni Putu Dewi Susilawati; Putu Ayu Sriasih Wesna; I Nyoman Alit Puspadma
Journal Research of Social Science, Economics, and Management Vol. 1 No. 8 (2022): Journal Research of Social Science, Economics, and Management
Publisher : Publikasi Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (3643.934 KB) | DOI: 10.59141/jrssem.v1i8.126

Abstract

One model of tourism development that is in line with alternative tourism is community-based tourism as a pattern that is believed to provide economic benefits and equity, environmental preservation, local culture preservation, social empowerment, community empowerment. Community-based tourism is a tourism development with a high level of local community involvement and can be accounted for from the socio-cultural and environmental aspects. So far, there are no clear rules that explicitly regulate the arrangement of profit sharing, especially in the field of agro-tourism. According to Article 1320 of the KUHPerdata, an agreement is valid if it meets the following four conditions: Agree of those who bind themselves, The ability to make an engagement, a certain thing, a lawful cause—referring to the Legal Principles of Agreement as contained in the KUHPerdata (KUHPerdata), namely Personality Principles (Article 1315 jo 1340 KUHPerdata), Consensualotas Principles (Article 1320 KUHPerdata), Freedom of Contract Principles (Article 1338 paragraph (1) KUHPerdata). In the current reformation era, the legal development strategy is directed towards responsive law characterized by the large role of judicial institutions and the broad participation of social groups or the participation of individuals in society to determine the direction of legal development, resulting in the formation of clear legislation. Furthermore, provide legal certainty in making agreements for agricultural land products related to agro-tourism with environmental insight.
Indonesia’s National Economic Recovery Through the Convenience of Companies Establishing of Micro and Small Enterprises in the Job Creation Act Putu Ayu Sriasih Wesna
Journal Research of Social Science, Economics, and Management Vol. 1 No. 8 (2022): Journal Research of Social Science, Economics, and Management
Publisher : Publikasi Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (3115.34 KB) | DOI: 10.59141/jrssem.v1i8.128

Abstract

Since the establishment of the Covid-19 virus as a pandemic, it has brought a huge downturn in the national and global economy. Various efforts have been made by the Indonesian government to increase economic growth so that Indonesia can avoid the economic crisis. The Indonesian government in its various policies has created pro-community programs to accelerate economic recovery. The aim is to provide convenience in the establishment of a limited liability company which originally had to be established by at least two founders based on an agreement, so that the establishment of a limited liability company called a limited liability company can now be established by one person. by simply making a statement. The technique used in this research is a systematic and interpretive descriptive-analytical technique, which describes the strengths and weaknesses of a legal product being analyzed, and tries to find a relationship between the formulation of a legal concept or legal argument between the articles contained. in the same legal product. Based on the research results, the government encourages the development of micro and small businesses as an effort to encourage the people's economy which can accelerate the recovery of the national economy with the enactment of Law Number 11 of 2020 concerning Job Creation.
The Form of Officer of Land Deed Officer (PPAT) in Distribution of Rights to Land Joint Assets Post Divorce Putu Ayu Sriasih Wesna; I Made Suwitra; Putu Wira Atmaja
JURNAL AKTA Vol 10, No 1 (2023): March 2023
Publisher : Program Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/akta.v10i1.27506

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The distribution of land rights to joint assets after the divorce needs to use a deed made by PPAT, because basically PPAT is a Land Deed Maker Official whose main task is to carry out some land registration activities by making a deed as evidence that a legal action has been taken regarding land rights or property rights. For the Flats Unit, which will be used as the basis for the registration of changes in land registration data caused by the legal act. The type of research used is normative legal research, with a research approach to legislation and concepts. Legal materials consist of primary and secondary legal materials. The analytical method used is description, evaluation, argumentation and interpretation. The deed of collective agreement can be used as the basis for entering the name of the ex-wife or ex-husband that has not been recorded in the certificate due to joint ownership which must be divided due to divorce as stated in PP 24 of 1997 Article 37 paragraph (2) regarding land registration. As long as the head of the national land agency office judges that the truth is sufficient, it can be implemented, because the National Land Agency is a government institution that has discretionary authority as stated in Act No. 30 of 2014 concerning government administration. From the names that have emerged between the ex-husband and the ex-wife, the process of Sharing Joint Rights is carried out using the APHB Deed (Deed of Sharing Joint Rights) made by PPAT.
Legal Deconstruction of Ecotourism-Based Cultural Tourism Management in Creative Economic Development in Badung-Bali District I Wayan Wesna Astara; NP Budiartha; Putu Ayu Sriasih Wesna
Journal of Legal and Cultural Analytics Vol. 2 No. 3 (2023): August 2023
Publisher : PT FORMOSA CENDEKIA GLOBAL

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55927/jlca.v2i3.5490

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The tourism political journey in Bali continues to develop Balinese cultural tourism, the philosophy of Tri Hita Karana, and Balinese culture, traditions, and customs according to Balinese religious and cultural norms. In the Regional Regulation of the Province of Bali Number 5 of 2020, regarding Balinese cultural tourism standards, the author deconstructs laws related to mass tourism versus ecotourism. For this reason, the purpose of this research is to find out the legal arrangements for the concept of ecotourism-based cultural tourism in Bali and the implementation of the concept of cultural tourism in Bali in managing ecotourism in each traditional village. The results of the research on the legal deconstruction of cultural tourism practices in Bali and ecotourism in Subak Umalambing, Subak Mambal, and Pandawa Beach Kutuh-Kuta Utara are processed based on "legal behavior" from below, not based on "state legal texts" but instead based on Balinese customary law based on Pararem.
Penglipuran Tourism Village, Kubu Village, Bangli District, Bali In Maintaining Bali Local Wisdom Values I Wayan Wesna Astara; Nyoman Putu Budiartha; Putu Ayu Sriasih Wesna; I Ketut Selamet; I Kadek Merta Wijaya
Journal of Legal and Cultural Analytics Vol. 2 No. 3 (2023): August 2023
Publisher : PT FORMOSA CENDEKIA GLOBAL

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55927/jlca.v2i3.5804

Abstract

Development of the Penglipuran tourism village based on Balinese local wisdom is a solution to the settlement of AYDs land cases in the Penglipuran Traditional Village in the legal and cultural context associated with Law Number 10 of 2009 concerning tourism-related to the issuance of Bali Province Regional Regulation No. 5 of 2020 regarding standards for the implementation of Balinese cultural tourism. Article 1, paragraph b, Tourism Village However, ideologically, culturally, and legally, there is a hidden potential for conflict. The problem of tourist villages can be solved using absorption methods from research results to provide solutions for managing tourist villages. The methods used in legal issues in the management of tourism villages include focus group discussions, mentoring, lectures on legal studies, dissecting cases related to tourism village institutions, and finding potential strategies for Balinese local wisdom to strengthen wisdom-based tourism villages
Tourism Village Management in Bali by Traditional Villages Based on Local Wisdom in the New Normal Era I Wayan Wesna Astara; Putu Ayu Sriasih Wesna
Jurnal Magister Hukum Udayana (Udayana Master Law Journal) Vol 12 No 2 (2023)
Publisher : University of Udayana

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24843/JMHU.2023.v12.i02.p03

Abstract

Traditional villages in Bali have the potential to become tourist destinations that benefit the local community. Culture and customs are what set apart traditional villages. The legal politics of the Bali tourist village have deteriorated into the new normal. This research aims to develop a tourist village model, a new theory for elaborating Balinese cultural values based on local wisdom values, a creative economy, and human resource management during the COVID-19 pandemic. The research method is a qualitative descriptive empirical legal analysis based on a socio-anthropological approach and law sociology, supplemented with cultural studies. The findings revealed that the value of local wisdom in the traditional village adds value to a tourist village in Bali. The Ceking traditional village's tourist rice terraces are appealing due to the culture of farmers becoming a tourist village. The Penglipuran traditional village's artistic potential, social capital, nature, and local wisdom are the codification of culture in power politics. Tourism is a helpful tool for economic development. Bali must explore the potential for increased innovation and community participation as a tourist destination by using traditional villages as a buffer for culture, Hinduism, and local wisdom. Furthermore, Bali tourism is exceptionally vulnerable to health concerns that affect tourism and ecotourism activities.
THE URGENCY OF ELECTRONIC REGISTRATION OF FIDUCIARY GUARANTEES BY NOTARY Yanti, Ni Kadek Putri; Wesna, Putu Ayu Sriasih
POLICY, LAW, NOTARY AND REGULATORY ISSUES Vol. 3 No. 3 (2024): JULY
Publisher : Transpublika Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55047/polri.v3i3.1412

Abstract

The primary goal of this study is to explore the legal underpinnings of electronically registering fiduciary guarantees through public notaries, as well as to examine the legal implications of not electronically registering fiduciary guarantees through public notaries. This study employs normative legal research methodology and utilizes both statutory interpretation and legal conceptual analysis. This research highlights that the legal foundation for electronic registration of fiduciary guarantees is established by Minister of Law and Human Rights Regulation Number 9 of 2013, which addresses the Implementation of Electronic Fiduciary Registration, and Minister of Law and Human Rights Regulation Number 10 of 2013, which outlines the Procedures for Registering Fiduciary Security Electronically. If the fiduciary guarantee remains unregistered, it will result in legal consequences, as it will lack legal force. Although a fiduciary guarantee deed executed before a notary will be considered a notarial deed, it will not hold legal validity without registration. The notarial deed will have the same legal force as a private deed because the notary has not registered the fiduciary guarantee electronically.
THE FUNCTION OF NOTARIES IN THE ESTABLISHMENT OF INDIVIDUAL COMPANIES POST JOB CREATION LAW Putra, I Putu Adi Adnyana; Wesna, Putu Ayu Sriasih
POLICY, LAW, NOTARY AND REGULATORY ISSUES Vol. 3 No. 3 (2024): JULY
Publisher : Transpublika Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55047/polri.v3i3.1413

Abstract

The aim of this research is to analyze the function of notaries in the establishment of individual companies after the Job Creation Law. The type of research used is normative legal research which focuses on primary, secondary and tertiary legal materials and uses a statutory and conceptual approach. The research results show that the notary does not have a function in making authentic deeds for the establishment of individual limited liability companies because the establishment of individual limited liability companies does not require an authentic deed and a statement of establishment that is registered electronically is sufficient. The notary will function when an individual company decides to change to a capital partnership where the notary can provide legal counseling and assess the validity of the documents. The establishment of an individual company is based on the provisions of PP No. 8 of 2021 by making a statement of establishment in Indonesian and registering it via the AHU Online portal. With the change in the function of notaries in making authentic deeds of company establishment, there are still concerns regarding the legal validity and security of the identity of founders, directors and shareholders during the electronic registration process. The government is advised to change the regulations by involving a notary to make authentic deeds and create new regulations that specifically contain provisions relating to individual limited companies.
Co-Authors A. A. Ngurah Deddy Hendra Kesuma ABDULLAH, Aisudin ABDULLAH, Mohd Kamarulnizam Bin Anak Agung Ayu Rai Agung Rene Dhariswari Anak Agung Istri Agung Anak Agung Ngurah Bhaskara Ananda Putra Anak Agung Ngurah Mukti Prabawa Redi ANGGARINI, Komang Desy Arini, Desak Gde Dwi Arini, Desak Gde Dwi Bongon, Miel S. Budiartha, Nyoman Putu Desak Ade Devicia Cempaka Desak Ade Devicia Cempaka Desak Gde Dwi Arini Dewisari, Carolina Gracia Dharmawan, I Made Alit Putra Edward Wijaya, Edward Erawati, Ni Putu Tina Ganawati, Nengah Gede Oscar Geovani Gianyar, I Made Hamam Febrian Cahaya I Gede Nyoman Carlos W. Mada I Gusti Ayu Pryanka Nindyaprasista Putri I Gusti Made Ngurah Bagus Andre Wedananta I Gusti Putu Dena Dharma Putra I Gusti Putu Ghosadhira Vedhastama I Kadek Tedo Tamara Putra Daniswara I Kadek Wahyu Fajar Sutoya I Kadek Wahyu Fajar Sutoya I Ketut Irianto I Ketut Selamet I Komang Dodik Wijaya I Made Aditya Wira Sanjaya I Made Mardika I Made Pria Dharsana, I Made Pria I Made Suwitra I Made Suwitra I Made Suwitra I Made Suwitra, I Made I Nyoman Alit Puspadma I Nyoman Gede Sugiartha I Nyoman Putu Budiartha I Nyoman Putu Budiartha I Nyoman Sujana I Nyoman Sujana I Nyoman Sukandia I Nyoman Sumardika I Wayan Kartika Jaya Utama I Wayan Muliawan I Wayan Rideng I Wayan Sujana I Wayan Wesna Astara I Wayan Wesna Astara I Wayan Wesna Astara Ida Ayu Anggita Pradnyandari Ida Ayu Gede Wulandari Ida Ayu Gede Wulandari Ida Ayu Putu Sri Astiti Padmawati Ida Ayu Putu Widiati Ida Bagus Agung Putra Santika Ida Bagus Dwi Jusarata Ida Bagus Kade Ari Dwi Putra Indah Permatasari Indra Bambang Istadevi Utami Rahardika Jayanti, Ni Nyoman Tri Johannes Ibrahim Kosasih Kadek Windy Candrayana Kadek Yudi Astrawan Karma, Ni Made Sukaryati Ketut Putri Oka Suari Komang Vegayanthi Kosasih, Prof. Dr. Johannes Ibrahim Kusuma, Rizka Tiara Kusumantara, I Komang Arya Laksmi, Anak Agung Rai Sita Leonito Ribeiro Luh Made Mahendrawati Luh Made Mahendrawati Made Indira Sukma Dewi MAHENDRA, I Komang Arya Sentana Muliana, I Wayan Ni Gusti Ketut Sri Astiti Ni Gusti Ketut Sri Astiti Ni Kadek Prasetya Dewi Ni Komang Arini Styawati Ni Luh Made Mahendrawati Ni Luh Putu Manik Suryani Ni Made Jaya Senastri Ni Made Yunika Andrini Ni Made Yunika Andrini Ni Nengah Seri Ekayani Ni Putu Dewi Susilawati Novyanti, Ni Wayan Regina NP Budiartha Nyoman Putu Budiartha Prabhawisnu, Anak Agung Gede Krisna Pradnyandari, Ida Ayu Anggita Prisilia Eka Trisna, Putu Diana Puspadma, Dr. I Nyoman Alit Putra, Gede Bagus Andika Putra, I Putu Adi Adnyana Putu Budiartha, I Nyoman Putu Dyah Agung Mas Narayana Putu Emma Viryasari PUTU IKA WAHYUNI Putu Wira Atmaja Putu Yudha Asteria Putri Raymundo, Carlos M. Ribeiro, Leonito Ryan Permana Wijaya Sanjaya, Ray Dio Selamet, I Ketut Sentelices, Leovigildo C. Shicilya, Wanda Simon Nahak Souissa, Marsella Maurin Styawati, Ni Komang Arini SUGIANA, Surya Sujana, I Nyoman Sukiani, Ni Ketut Sumardika, I Nyoman Susanthi, I Gusti A.A. Dian Teges Ayu Pranihita Toto Noerasto Vanes Mardiah, Ni Made Yusi Vibandor, Demosthenes B. Vibandor Villafuerte, Marcelo Roland C. widia, ketut Widiati, Ida Ayu Putu Wijaya, I Kadek Merta Wijaya, I Kadek Merta Wijayani, Putu Megabalinda Pradnya Yanti, Ni Kadek Putri Yasaputri, Ni Putu Widari