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All Journal KERTHA WICAKSANA Budapest International Research and Critics Institute-Journal (BIRCI-Journal): Humanities and Social Sciences Journal Equity of Law and Governance Jurnal Konstruksi Hukum Jurnal Interpretasi Hukum Jurnal Preferensi Hukum (JPH)

Ni Made Puspasutari Ujianti

Unknown Affiliation

Author-ID : 2325105

Religion Arts Humanities Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice Social Sciences

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Sita Conservatoir terhadap Hasil Pertanian dalam Praktek Peradilan Ida Bagus Wimba Pratama; Anak Agung Sagung Laksmi Dewi Dewi; Ni Made Puspasutari Ujianti
Jurnal Interpretasi Hukum Vol. 1 No. 1 (2020): Jurnal Interpretasi Hukum
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/juinhum.1.1.2175.1-6

The development in judicial practice appears as the prevalence of seizure of confiscation (conservatoir beslag) of agricultural products which in fact have not been regulated in article 227 HIR (Herziene Inlandsch Reglement) / 261 RBg (Rechtsreglement voor de Buiten-gewesten), so the judge must track down a legal basis in order to the decision handed down is more objective and justifiable. Departing from these conditions, the true confiscation of agricultural products needs to be explored through a scientific way. Therefore, through this research the issues related to the conservatoir beslag and its development in judicial practice are brought up as the object of the study. In this regard, there are two issues raised: (1) What is the arrangement for the placement of conservatoir beslag on agricultural products? (2) What is the legal basis for the judge’s consideration in granting the conservatoir beslag on agricultural products? The two issues are featured using the juridical-normative method and the statute and conceptual approaches. The results show that as stipulated in the applicable law, implementing the confiscation on the agricultural products in judicial practices can be executed even though it is not regulated in the HIR / RBg, in that such a confiscation on agricultural irreplaceable in a confiscation without including the confiscation of the land. This is because it is so difficult to estimate whether these agricultural products will be able to meet the demands of the plaintiff (creditor) or not.

Penyelesaian Kredit Bermasalah dengan Metode Restrukturisasi Pada Koperasi Simpan Pinjam Merta Sari di Denpasar Utara I Ketut Gede Suardana; I Nyoman Putu Budiartha; Ni Made Puspasutari Ujianti
Jurnal Interpretasi Hukum Vol. 3 No. 1 (2022): Jurnal Interpretasi Hukum
Publisher : Warmadewa Press

The existence of cooperative organizations is very beneficial for the economic interests of community members. The purpose of this study was to analyze the causes of non-performing loans in Merta Sari Savings and Loans cooperatives in North Denpasar and to discuss problem solving through restructuring methods at Merta Sari Savings and Loans cooperatives in North Denpasar. The type of research used is empirical law. This study uses a conceptual and sociological case approach. Sources of data are both primary data which is field data (field research), as well as secondary data from the library (library research). The data collection technique used interview techniques at the research location, namely the Merta Sari Savings and Loans Cooperative in North Denpasar. The results of the study explained that the factors that caused the occurrence of non-performing loans in the Merta Sari Savings and Loans Cooperative were several things that became a problem in completing the loan, there were several debtors who experienced a disaster which hit the debtor's business so that the debtor suffered losses and lacked good faith from the debtor so that it was not direct impact on the smooth running of ongoing credit payments and the lack of a management in financial management. In handling non-performing loans, the Merta Sari Savings and Loans Cooperative takes steps to resolve non-performing loans using the credit restructuring method to reduce the level of non-performing loans that occur in the Merta Sari Savings and Loans Cooperative. Credit restructuring is an improvement effort made to meet its obligations

Perlindungan Hukum Nasabah Kartu Kredit dalam Perspektif Undang-Undang Nomor 8 Tahun 1999 Nyoman Triananda Prayoga; I Nyoman Sujana; Ni Made Puspasutari Ujianti
Jurnal Preferensi Hukum Vol. 2 No. 1 (2021): Jurnal Preferensi Hukum
Publisher : Warmadewa Press

At this time the technology has been developing rapidly, as well as means of payment. If the first payment can only be done with cash, current payment already can be done by credit card. When the first buyers and sellers have to meet directly, unlike with the current buyers no longer have to meet with the seller directly. A credit card is a plastic card issued by a bank that provides credit services. But many cases credit card used another person, which is possible because the card is missing or scams online, these problems can be analysed as follows: 1) What kind of legal protection for customers according to credit card Consumer Protection Legislation? 2) How the legal consequences if a credit card were used by someone else? This presentation uses research methods are normative, legal rules and legal norms according are the norm in the form of orders or prohibitions it in accordance with the principle of the law and whether one's actions is in compliance with legal norms with the approach of legislative and conceptual. This research requires a source of secondary legal materials as primary legal materials. Form of legal protection given by the Government in the form of legislation, but the legislation has not been effective. Legal consequences if the credit card used another person's credit card, the customer must still pay the Bills that go up to the customer to report in writing. The Government should streamline the laws and make special laws about credit cards as well as the bank and the customer must be open.

Pengawasan terhadap Transaksi Bisnis E-Commerce dalam Mewujudkan Perlindungan Konsumen Anak Agung Made Ayu Rai Lidya Astari; I Nyoman Putu Budiartha; Ni Made Puspasutari Ujianti
Jurnal Konstruksi Hukum Vol. 1 No. 1 (2020): Jurnal Konstruksi Hukum
Publisher : Warmadewa Press

E-commerce is a buying and selling activity carried out via the internet with electronic media. Based on this, two problems were raised as follows: 1). What are the aspects of consumer protection against electronic business transactions, 2). How to regulate the control of electronic business transactions in ensuring the implementation of consumer rights. The research method used in the preparation of this research is normative with a statutory approach and a conceptual approach, namely analyzing the problems to be discussed through legal concepts taken from several books and literature that have relevance to the problem. The data sources used are primary data, namely through statutory regulations, secondary data, namely using legal theory and experts, and tertiary data, namely related to legal dictionaries and encyclopedias. The technique of collecting data is through the method of recording legal materials and collecting references used. The data analysis used systematic legal interpretation and legal argumentation based on deductive logic. However, all the benefits that are offered, there is a concern about the responsibility of online companies to online consumers considering so many online companies. The Trade Law and the Consumer Protection Act are the basis for trading in online trading and / or in conventional trading. In this case the need for supervision in order to improve harmony in each application. The results showed that the aspect of protection was carried out by defending the rights of consumers against the disturbance of other parties. In order to increase awareness, knowledge, concern and independence of consumers, especially in choosing, determining and demanding their rights as consumers. There are several principles in consumer protection, namely the principle of benefit, the principle of justice, the principle of security and safety, the principle of balance, the principle of legal certainty.

Perlindungan Hukum bagi Pedagang Mobil Bekas terhadap Konsumen yang Melakukan Wanprestasi Bagus Putu Lanang Agastya; Anak Agung Sagung Laksmi Dewi; Ni Made Puspasutari Ujianti
Jurnal Konstruksi Hukum Vol. 1 No. 1 (2020): Jurnal Konstruksi Hukum
Publisher : Warmadewa Press

The sale and purchase of expertise in contract law regarding the terms of the legality of the agreement and all the provisions in the legal agreement governing the sale and purchase activities and protecting the parties from default regarding the rights and obligations of each party. The purpose of this study is to determine the form of legal protection regulations for used car dealers against consumers who default and respond to the law for consumers who default. This study uses a normative method. The data analysis technique was carried out systematically using legal arguments and presented in a descriptive form. The results showed that in order to protect the parties from a default, it is necessary to have an agreement that is binding in nature and each of them has rights and obligations if it is violated, it will set a sanction in accordance with the agreement made in general in the form of compensation. Meanwhile, the result of default by the consumer must be responsible and compensate according to the agreement between the two parties. Therefore, through this research it is hoped that trade activities are carried out and implement the importance of agreements and pay attention to all requirements in the law. The goal is to protect yourself from unwanted events.

Perjanjian Oligopoli dan Asas Keseimbangan dalam Persaingan Usaha Berdasarkan Undang-Undang Nomor 5 Tahun 1999 BUSINESS COMPETITION BASED ON LAW NUMBER 5 OF 1999 Gede Darwis Triadi; Johannes Ibrahim Kosasih; Ni Made Puspasutari Ujianti
Jurnal Konstruksi Hukum Vol. 1 No. 1 (2020): Jurnal Konstruksi Hukum
Publisher : Warmadewa Press

An oligopoly agreement is a form of agreement in which business actors own all kinds of objects and activities. The existence of this agreement requires a principle of balance in doing business in protecting others in carrying out quality and balanced economic enterprises based on applicable regulations. The purpose of this study is to determine the principle of balance that must be carried out against sellers in relation to the existing regulations, knowing the practice of the oligopoly agreement associated with Law Number 5 Year 1999, knowing Law No. 5 of 1999, and efforts to anticipate the occurrence of Oligopoly agreement practices and accommodate the principle of balance. The method used in this research is normative legal research. The results show that the principle of balance between business actors is associated with the enforcement of Law Number 5 of 1999, namely Protecting small businesses, maintaining healthy competition, and economic efficiency. Meanwhile, the practice of oligopoly agreements has a huge impact on consumer losses and among business actors, and in article 4 of law number 5 of 1999, oligopoly agreements are prohibited if they can harm competition. So that the anticipation efforts that can be made against the traffickers with a system of compliance and implementation of obligations as well as managing a relationship with the provider of the spreader and the user which must agree with the regulations.

Perlindungan Hukum bagi Konsumen dalam Transaksi Jual Beli melalui Media Elektronik dengan Sistem ”Dropship” Gusti Ayu Dwi Dhyana Amrita; Ni Luh Made Mahendrawati; Ni Made Puspasutari Ujianti
Jurnal Konstruksi Hukum Vol. 1 No. 1 (2020): Jurnal Konstruksi Hukum
Publisher : Warmadewa Press

The activity of buying and selling using the dropshipping system is a trading activity in which the seller does not have stock of the goods he is selling, but only promotes goods through images uploaded to his or her online shop. If the seller gets an order from a consumer, the seller cannot directly confirm the condition of the goods to be sent to the consumer because the supplier who will send it uses the seller's identity. This study aims to determine and study legal protection for consumers in buying and selling via electronic media using the dropshipping system, and to find out and study the legal consequences that arise if there is default in buying and selling via electronic media using the dropshipping system. The results showed that legal protection for consumers in buying and selling through electronic media using the dropshipping system can be done in a preventive and repressive manner, and the legal consequences that arise if there is default in buying and selling using the dropshipping system, namely the loss suffered by consumers is the responsibility of the seller because The seller is the party who makes a direct agreement with the consumer, not the supplier. Therefore, the public is expected to be more careful in conducting transactions via electronic media so that they do not suffer their own losses.

Perlindungan Hukum terhadap Hak Cipta Karya Fotografi yang Digunakan tanpa Izin Putu Rahayu Purnamasari; I Nyoman Putu Budiartha; Ni Made Puspasutari Ujianti
Jurnal Konstruksi Hukum Vol. 1 No. 1 (2020): Jurnal Konstruksi Hukum
Publisher : Warmadewa Press

Photo is the result of an image taken by a camera through a photographic process carried out by a photographer and protected as one of the copyright works in the Prevailing Laws, namely the Copyright Law No. 28/2014. Violations against copyright works often occur, but there are still many photographers who do not understand or even know about copyright and the legal provisions governing and protecting it and do not register their creations with the Directorate General of IPR. So the problem that can be investigated is how the legal protection of the rights of the creator of photographic works and what legal remedies can the creator take on the work of photography that is used without permission by other people. This study aims to determine the level of legal protection for the rights of photographic creators as well as to find out the legal actions taken by the creators of photographic works that are used without the permission of others. The method used is legal research that is normative through a statutory approach as well as a conceptual approach, and the sources of legal materials used are primary and secondary legal materials with literature collection techniques which are analyzed in descriptive analytical form. Based on the results of research and analysis, it can be concluded that the copyright of photographic works is to provide protection for photo art works and to provide economic rights for the creators or copyright holders and moral rights for the creators. The route outside the court and the court route are two legal routes that can be taken in making legal remedies.

Akibat Hukum Jual Beli di Bawah Tangan atas Tanah Hak Milik di Kabupaten Badung I Gusti Agung Ayu Lita Pratiwi; Nella Hasibuan Oleary; Ni Made Puspasutari Ujianti
Jurnal Konstruksi Hukum Vol. 1 No. 1 (2020): Jurnal Konstruksi Hukum
Publisher : Warmadewa Press

The sale and purchase transaction in Badung Regency which was made by both parties was in the form of an agreement of hands, but one of the parties who broke a promise or could be called a default. The purpose of this research is to see the legal dangers of underhand trading on land ownership in Badung Regency. This research method uses empirical legal research. In practice, the implementation of binding purchases and purchases under land ownership rights is often carried out by several parties, one of which occurred in Badung Regency. The practice of buying and selling land carried out under the hand is not in accordance with government regulation Number 24 of 1997 concerning Land Registration, which requires that the sale and purchase be made with an authentic deed, and not under hand. However, the buying and selling process in Lukluk District, Mengwi District, Badung Regency is still ready for those who, the deed, because the fulfillment of the legal requirements for buying and selling under the UUPA is material, formal and cash, clear and sincere. In principle, in fine sales agreements and notaries will be a legal approach as law for them made. And also according to article 1320 of the Civil Code the validity of an agreement if, among others: There is an agreement, skills, certain matters, and valid reasons. And although according to lawful compliance with the requirements according to article 1320 of the Civil Code, the sale and purchase of land must be carried out before the prohibited authority (PPAT).

Penyediaan Karang Memadu bagi Warga yang Berpoligami di Desa Adat Penglipuran Kabupaten Bangli Kharisma Nanda Sattwika; Diah Gayatri Sudibya; Ni Made Puspasutari Ujianti
Jurnal Interpretasi Hukum Vol. 1 No. 1 (2020): Jurnal Interpretasi Hukum
Publisher : Warmadewa Press

The authority of the customary law community covers various fields of human life, including in the field of marriage. In the field of marriage, customary law community unity regulates its own marriage patterns as applied by customary law community unit in Penglipuran Adat Village, Bangli Regency, there are customary rules that forbid its citizens from polygamy by providing a place called coral combined for traditional village manners that do polygamy. The study examines two problem formulations namely how the marriage system in the Penglipuran traditional village, and what the function of the reefs is to integrate polygamy marriage in the Penglipuran traditional village. The research method used in this study is empirical legal research with the sociology of law approach. The results showed that the Penglipuran Indigenous Village implemented a Monogamy marriage system that had long been designed before it was published in Law Number 1 of 1974 concerning Marriage. Related to the function of coral reefs is to prevent polygamy marriages. The main goal is to give a woman's happiness as a wife. While the influence of the supply of coral blends is very effective because until now there are no residents who occupy the coral blends because there are no Penglipuran people who do polygamy. With this research it is expected that the Penglipuran Indigenous village should maintain and preserve the values of its local wisdom, because the Indigenous Village of Penglipuran is a well-known tourist destination. In addition, the government should always provide guidance to village officers to maintain the preservation of cultural values.

Co-Authors A. A. Sagung Laksmi Dewi Anak Agung Alit Ista Damayanti Anak Agung Made Ayu Rai Lidya Astari Anak Agung Ngurah Dharma Bayu Subandi Anak Agung Sagung Dewi Anak Agung Sagung Laksmi Dewi Bagus Putu Lanang Agastya Cecillia Ayu Triwulandari Suhartono Diah Gayatri Sudibya Ferdinandus Kila Gede Darwis Triadi Gusti Ayu Dwi Dhyana Amrita I Gde Ardi Suarbawa I Gusti Agung Ayu Lita Pratiwi I Gusti Agung Mas Cahyani Dewi I Gusti Dama Galang Devara I Kadek Adi Payana I Ketut Gede Suardana I Made Heriyana I Made Panji Ambara Putra I Made Rimawan I Nyoman Bangkit Sugiarta I Nyoman Gede Sugiartha I Nyoman Putu Budiartha I Nyoman Putu Budiatha I Nyoman Sujana I Nyoman Sujana I Putu Gede Agus Wirayasa I Wayan Angga Pratama I Wayan Bagas Surya Adi Pratama Ida Bagus Gede Sesana Dharma Ida Bagus Wimba Pratama Johannes Ibrahim Kosasih Karma, Ni Made Sukaryati Kharisma Nanda Sattwika Made Sadhu Arta Kori Nella Hasibuan Oleary Ni Komang Monica Dewi Maheswari Ni Luh Made Mahendrawati Ni Luh Putu Ayu Cahyani Ni Luh Putu Medie Ni Made Jaya Senastri Nyoman Triananda Prayoga Pande Gede Gita Putra Nugraha Pusaka, Semerdanta Putu Rahayu Purnamasari Putu Sandiawan Putra Wiranata Putu Suryani . Salsabillah Nilam Zahra Victoria Bellanique Solang Widiati, Ida Ayu Putu

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