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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.
Implementasi Undang-Undang Nomor 24 Tahun 2011 Tentang Badan Penyelenggaraan Jaminan Sosial pada PT. Horiko Abadi Kabupaten Buleleng Gede Oscar Geovani; I Nyoman Putu Budiartha; Putu Ayu Sriasih Wesna
Jurnal Konstruksi Hukum Vol. 1 No. 1 (2020): Jurnal Konstruksi Hukum
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (515.411 KB) | DOI: 10.22225/jkh.1.1.2144.125-129

Abstract

Social security provides protection for workers in the socio-economic risks that befall workers in carrying out their work in the form of work accidents, illness, old age, or death. This thesis discusses the implementation of Law Number 24 of 2011 concerning the Social Security Administration at PT. Horiko Abadi, Buleleng Regency. Based on the description above, this study aims to determine the application of Law Number 24 of 2011 concerning the Social Security Administration at PT. Horiko Abadi, Buleleng Regency 2 legal sanctions against the company in the event of a violation of the provisions of the social security program. The research method used is the empirical juridical method. The location of this research was conducted at PT. Horiko Abadi, Buleleng Regency, a company engaged in the breeding of shellfish and pearl cultivation. Based on the research results, PT. Horiko Abadi has implemented social security protection for all permanent employees in the company in accordance with the provisions of Law Number 24 of 2011 concerning Social Security Administering Bodies, and sanctions for companies that have not implemented the provisions of Law Number 24 of 2011 Regarding the Social Security Administering Body, it is still in the guidance or warning stage until the company concerned can carry out the provisions of the legislation.
Perlindungan Konsumen atas Kerusakan/Kehilangan Pakaian Pada Jasa Usaha Laundry di Denpasar I Komang Dodik Wijaya; I Nyoman Putu Budiartha; Putu Ayu Sriasih Wesna
Jurnal Konstruksi Hukum Vol. 2 No. 1 (2021): Jurnal Konstruksi Hukum
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (332.823 KB) | DOI: 10.22225/jkh.2.1.2972.76-80

Abstract

Currently increasingly sophisticated technology creates a new rental service such as laundry. Law No. 8 of 1999 on Consumer Protection can be a foundation for consumers and consumer protection agencies to empower and protect consumer interests, and to make business actors more responsible. This research aims to explore legal protection for laundry consumers for damage / loss of goods and to explain the responsibilities of laundry business actors for damage/loss of goods. This study uses empirical legal research. The data sources used are primary and secondary data. Data obtained through interview and documentation techniques then processed and analyzed using qualitative data processing techniques. The results of the research show that consumers who have been harmed by the negligence of the business actor can hold the business actor accountable for him, as well as claim compensation for the losses they have suffered, this is as stated in Article 7 letter G UUPK. The form of accountability of laundry business actors varies between business actors. In the case of giving compensation to consumers, the business actor in accordance with Article 19 of the UUPK must provide compensation not later than 7 days, if it passes the time limit, the consumer can sue the business actor.
Efektivitas Penggunaan Batas Waktu Surat Kuasa Membebankan Hak Tanggungan dalam Pemberian Kredit Bank pada PT.BPR Tapa Made Indira Sukma Dewi; I Nyoman Putu Budiartha; Putu Ayu Sriasih Wesna
Jurnal Konstruksi Hukum Vol. 2 No. 2 (2021): Jurnal Konstruksi Hukum
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (596.935 KB) | DOI: 10.22225/jkh.2.2.3231.326-331

Abstract

One of the institutions for providing capital and supporting the welfare of the people's economy is the Bank. Banks can channel funds to parties in need through the credit system. To provide legal certainty guarantees to the lending bank must be registered. Guarantee that takes precedence in this case, guarantee of materiality. One form of guarantee referred to is SKMHT. In the regulation or application of the Ministerial Decree on the Determination of Time Limits on the Use of SKMHT to guarantee the Repayment of Certain Loans, in reality, TAPA BPR is interesting for further study. The method used is an empirical legal research method. with a statutory, analytical, conceptual and sociological approach. The primary data collection technique in this study is the interview method. The results of this study indicate that there are three factors inhibiting the implementation of the time limit for using SKMHT in banking practices at PT. BPR TAPA, namely the credit guarantee does not have a certificate and the management period is long so that the SKMHT has ended, there is a disturbance in the BPN data input system, and the debtor is not willing to make payments, which causes SKMHT cannot be followed up by charging APHT
Penyelesaian Kredit Macet pada BPR Sinar Putra Mas Akibat Pandemi Covid-19 Komang Vegayanthi; I Nyoman Putu Budiartha; Putu Ayu Sriasih Wesna
Jurnal Konstruksi Hukum Vol. 3 No. 1 (2022): Jurnal Konstruksi Hukum
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (263.099 KB) | DOI: 10.22225/jkh.3.1.4226.12-17

Abstract

Credit facilities are very useful for today's society, especially in terms of business and business. The condition of the COVID-19 pandemic has a significant impact in various aspects, one of which is the payment of credit. During the Covid-19 Pandemic, BPR Putra Mas felt the impact, namely in the form of bad credit incidents against several customers. This research is empirical research. Using the statutory approach (Statue Approach), the author of the Legal Concept Analysis Approach (Analytical and Conceptual Approach), and the Fact Approach (The Fact Approach). Primary data in empirical research is in the form of interviews with informants who are the Manager and Head of the Credit Section of BPR Sinar Putra Mas. The data techniques used were interview techniques and document study techniques. The results of this study are the factors that cause bad credit at BPR Sinar Putra Mas in broad outline into three. First, namely the debtor factor, Second, the creditor factor, and the three factors from Outside Debtors and Creditors (External). the steps of Rescheduling (Rescheduling), Reconditioning (Requirements), Restructuring (Rearranging), and Liquidation (Liquidation).
Pengaturan Bentuk Usaha Penanaman Modal Asing di Indonesia Hamam Febrian Cahaya; I Nyoman Putu Budiartha; Putu Ayu Sriasih Wesna
Jurnal Interpretasi Hukum Vol. 2 No. 1 (2021): Jurnal Interpretasi Hukum
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (276.685 KB) | DOI: 10.22225/juinhum.2.1.3086.179-183

Abstract

The regulation on the establishment of a foreign investment business entity in the field of export services trade has been promulgated through Law Number 25 of 2007 concerning Investment, as contained in Article 5 paragraph 2 it is determined that the company defined according to the article which applies to everything or the largest discount in Indonesia as a single entity, the company itself is required to have been formed into a legal entity according to Indonesian positive law and domiciled in Indonesia. This study aims to determine the arrangements for the establishment of foreign investment business entities in the export trade service sector, and to determine the policies and legal instruments implemented by the Regional Investment Coordinating Board in improving the foreign investment climate in the export trade sector. The research method used is the normative legal research method. Sources of legal materials used are divided into primary, secondary and tertiary legal materials. The results showed that the regulation on the establishment of a PMA business entity in the field of export services is regulated in the PM Law in Chapter IV Legal Forms, Position and Business Area, as contained in Article 5 paragraph 2, it is stated that the company referred to in foreign investment is obliged to be in the form of a PT on the basis of positive law in Indonesia and is in the territory of the Republic of Indonesia, unless otherwise stipulated by the Law. Legal entities in Indonesia are limited liability companies that have their own fundamentals as stated in Article 1 of the PT Law is a legal entity that stands on an agreement that carries out active business on the basis of assets that have been divided into capital injected by investors and have met all the requirements stipulated in this law and in its implementing regulations.
Efektivitas Pengawasan Dinas Pertanian dan Pangan dalam Peredaran Daging Babi di Pasar Tradisional Kabupaten Badung I Made Aditya Wira Sanjaya; I Nyoman Putu Budiartha; Putu Ayu Sriasih Wesna
Jurnal Interpretasi Hukum Vol. 2 No. 1 (2021): Jurnal Interpretasi Hukum
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (219.367 KB) | DOI: 10.22225/juinhum.2.1.3093.64-68

Abstract

In the business world, actors and consumers (use of goods or services) both have needs and interests. The business aims to earn profits and transactions with consumers, while consumers are to obtain satisfaction in terms of the price and quality of goods provided by the business actor. This study aims to explain the legal protection of consumers who consume pork in the traditional markets of Badung Regency and explain the supervision of the Government through the Agriculture and Food Service of Badung Regency on the sale of pork in the traditional markets of Badung Regency. This research used empirical legal research and a sociological legal approach. The data sources used were primary data and secondary data. Data collection techniques used in other studies used document study techniques and interviews. In this study, the processing and analysis were carried out qualitatively. This implementation is carried out at the Badung Regency Agriculture and Food Service. The rule of law against consumers is sufficient to protect consumer rights, furthermore, its effectiveness has been carried out effectively by the local government of Badung Regency
Penomoran dan Penanggalan Akta Notaris Berdasarkan Putusan Pengadilan (Analisis Putusan PN Denpasar Nomor 530/Pdt. G/2016/PN. Dps.) Istadevi Utami Rahardika; I Nyoman Gede Sugiartha; Putu Ayu Sriasih Wesna
Jurnal Interpretasi Hukum Vol. 2 No. 1 (2021): Jurnal Interpretasi Hukum
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (335.877 KB) | DOI: 10.22225/juinhum.2.1.3100.95-102

Abstract

The Denpasar District Court (PN) in its decision Number 530 / Pdt.G / 2016 / PN.Dps stated that it has punished the Notary to immediately give the number and date to the Sale and Purchase Binding Agreement Deed and the Power of Attorney. This is interesting and important to examine in this research in relation to the basis of authority and the method of assigning the number and date of the deed signed by the parties before the notary after the Denpasar District Court decision. This normative legal research aims to examine the contents of a positive legal level, concerning the Numbering and Dating of Notary Deeds, using primary, secondary and tertiary legal materials, while the analysis method uses grammatical and systematic interpretation. The results showed that the basic authority of the Denpasar District Court to decide disputes regarding the numbering and dating of notary deeds, namely Article 130 HIR / 154 Rbg, Article 1851 of the Civil Code, Law of the Republic of Indonesia Number 48 of 2009, Perma RI Number 1 of 2016, and the principle of ius curia novit. In connection with the numbering and dating of the Notary deed, it can be done based on the provisions of the UUJNP and refers to the Denpasar District Court decision.
Pelaksanaan Investasi dalam Pengembangan Kawasan Budidaya Pertanian di Kabupaten Buleleng I Gusti Made Ngurah Bagus Andre Wedananta; I Nyoman Putu Budiartha; Putu Ayu Sriasih Wesna
Jurnal Preferensi Hukum Vol. 1 No. 1 (2020): Jurnal Preferensi Hukum
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (206.957 KB) | DOI: 10.22225/jph.1.1.1971.8-13

Abstract

One area carrying out development in Indonesia is Buleleng Sub-district in the Province of Bali. The development of the region is merely focused on developing the economic sector with priority on the agricultural sector expansion in a broad sense which is supported by the development of the tourism sector. One part of the agricultural sector development is the agricultural cultivation areas in the broadest sense with the support of funds from investment. Unfortunately, in reality, the development of this cultivation does not seem to have proceeded as expected. Therefore, this study addresses two issues related to this development. The first is whether or not the laws and regulations governing the development have been sufficiently capable of attracting the interest of investors in efforts to develop agricultural cultivation areas in the region of Buleleng, and the second is the extent to which the process of implementation of the development of agricultural area cultivation in Buleleng area has reached as well as obstacles encountered. To achieve these objectives, this study was conducted using the design and method of normative research and empirical legal research and also used statutory and conceptual approaches. The results of show the set of laws and regulations have the sufficient power to support the development of agricultural cultivation in the area, and the implementation of agricultural development in a broad sense has been carried out, and even the results have been felt and enjoyed by the community. One leading obstacle factor found is conversion of land functions along with evolution and revolution in human life. The attention and intervention of various parties in the efforts to develop and extend the areas in Buleleng Sub-district is still crucially necessary.
Perlindungan Hukum Terhadap Keamanan Data Pribadi Konsumen Teknologi Finansial dalam Transaksi Elektronik A. A. Ngurah Deddy Hendra Kesuma; I Nyoman Putu Budiartha; Puru Ayu Sriasih Wesna
Jurnal Preferensi Hukum Vol. 2 No. 2 (2021): Jurnal Preferensi Hukum
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (128.784 KB) | DOI: 10.22225/jph.2.2.3350.411-416

Abstract

These days, the utilize of personal data is progressively gigantic in line with the current improvement of the digital industry, the publics submit their data to online applications such as Financial Technology and online trading as a necessity of being able to utilize these services. The formulations of the problem are 1J How is the Legal protection against the personal data of Financial Technology consumers? 2) What legal remedies can Financial Technology consumers take if the personal data is abused by the organizer? The results showed that personal data is information within the frame of identities, codes, symbols, letters, or numbers that demonstrate a person's individual identity. In the event that within the future there is a dispute and the consumer endures a misfortune, the casualty of personal data abuse can take legal action by way of deliberation and complaints to the Ministry of Communication and Information or OJK (non-litigation) and if it does 1101 resolve consumer disputes, they can record a gracious suit (litigation) 011 the premise of illegal acts IP M Hand askfor emolument
Co-Authors A. A. Ngurah Deddy Hendra Kesuma ABDULLAH, Aisudin Agung, Anak Agung Istri Anak Agung Ayu Rai Agung Rene Dhariswari Anak Agung Istri Agung Anak Agung Ngurah Bhaskara Ananda Putra Anak Agung Ngurah Mukti Prabawa Redi Ananda Putra, Anak Agung Ngurah Bhaskara ANGGARINI, Komang Desy Arini, Desak Gde Dwi Arini, Desak Gde Dwi Bongon, Miel S. Budiartha, Nyoman Putu 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 Merta Wijaya 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 I Wayan Wesna Astara I Wayan Wesna Astara Ida Ayu Gede Wulandari Ida Ayu Putu Sri Astiti Padmawati Ida Bagus Dwi Jusarata Ida Bagus Kade Ari Dwi Putra Indra Bambang Istadevi Utami Rahardika Jayanti, Ni Nyoman Tri Johannes Ibrahim Kosasih Kadek Windy Candrayana 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 Komang Arini Styawati 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 Puspadma, Dr. I Nyoman Alit Putra, Gede Bagus Andika Putra, I Putu Adi Adnyana Putu Budiartha, I Nyoman Putu Emma Viryasari PUTU IKA WAHYUNI Putu Wira Atmaja Putu Yudha Asteria Putri Raymundo, Carlos M. Ribeiro, Leonito Ryan Permana Wijaya Selamet, I Ketut Sentelices, Leovigildo C. Shicilya, Wanda Simon Nahak Souissa, Marsella Maurin Styawati, Ni Komang Arini SUGIANA, Surya Sujana, I Nyoman Sumardika, I Nyoman Susanthi, I Gusti A.A. Dian Toto Noerasto Vibandor, Demosthenes B. Vibandor Villafuerte, Marcelo Roland C. widia, ketut Widiati, Ida Ayu Putu Wijaya, I Kadek Merta Wijayani, Putu Megabalinda Pradnya Yanti, Ni Kadek Putri Yasaputri, Ni Putu Widari