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Sanksi Adat terhadap Krama Desa yang Melakukan Wanprestasi dalam Pengembalian Kredit Pada Lembaga Perkreditan Desa di Desa Adat Kapal Anak Agung Ngurah Dharma Bayu Subandi; Anak Agung Sagung Laksmi Dewi; Ni Made Puspasutari Ujianti
Jurnal Interpretasi Hukum Vol. 1 No. 2 (2020): Jurnal Interpretasi Hukum
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (645.054 KB) | DOI: 10.22225/juinhum.1.2.2429.24-29

Abstract

Banks as credit providers should trust their customers within the agreed period of repayment of all credit that has been submitted. In practice, many customers do not fulfill the promised time to repay their loans. For various reasons, Default is caused the debtor's lack of awareness of his binding obligations. This study aims to determine the factors that lead to default in returning credit at the Desa Adat Kapal credit institution, and to determine the settlement of default in returning credit at the Desa Adat Kapal credit institution. The type of research used is the type of empirical research, where this research is carried out in accordance with the real situation of a community group or the surrounding environment in order to find facts or existing legal problems. The results of this study indicate that the factors causing non-performing loans in general are that all loans carry a high risk. Non-performing loans are loans that contain weaknesses or do not meet the quality standards set by the bank. Then, the settlement of defaults according to custom at the Ship Traditional Village Credit Institution is based on Article 8 of the Traditional Ship Village Credit Institution agreement.
Faktor Penyebab Kecelakaan di Jalur Hijau Denpasar-Gilimanuk di Kecamatan Melaya, Kabupaten Jembrana I Wayan Bagas Surya Adi Pratama; Anak Agung Sagung Laksmi Dewi; Ni Made Puspasutari Ujianti
Jurnal Interpretasi Hukum Vol. 3 No. 2 (2022): Jurnal Interpretasi Hukum
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/juinhum.3.2.5060.249-255

Abstract

Accidents happen almost every time. Various factors are the cause of accidents, of course each region has its own factors but in general it can be influenced by various things like most cases. Various efforts were made, such as using special helmets for motorcycle riders, and using seat belts for car drivers, but there are still many traffic accidents until now. This study aims to analyze and describe the factors causing accidents on the Denpasar-Gilimanuk green line in Melaya District, Jembrana Regency. The number of vehicles that are so many today in Indonesia. In discussing this problem, the author uses an empirical legal research approach. Based on the results of the study, it can be seen that the factors causing accidents on the Denpasar-Gilimanuk green line in Melaya District, Jembrana Regency. Efforts to reduce the number of accidents by analyzing the data on the causes of accidents and also the various obstacles that are difficult to reduce the number of accident cases that occur by reviewing from various sources. Then efforts such as socializing about driving standards, obeying traffic regulations, repairing and adding facilities for safety and comfort for motorists.
Gugatan Ganti Kerugian dalam Kasus Pencemaran Nama Baik menurut Kitab Undang-Undang Hukum Perdata I Made Heriyana; Anak Agung Sagung Dewi; Ni Made Puspasutari Ujianti
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 (205.542 KB) | DOI: 10.22225/jph.1.1.1989.86-90

Abstract

Legal protection against defamation victims in the national legal system has not obtained adequate protection. Whereas in the concept of legal state as a form of protection against victims of crime must obtain a large portion as a state of protection against the community. Based on the background of the problem described above. It can be formulated with the following problems 1) How is the indemnity claim made by criminal defamation? 2) How is the process of indemnity against defamation victims? Referring to the formulation of the problem then the type of research used in the writing is normative research. Methods used in the processing of legal materials namely the method of analysis of analytical decsriptive data. The reimbursement of damages incurred upon the name of the defamation is set out in the Civil Code of article 1372-1380 as a form of unlawful deed as stipulated in article 1365 of the Civil Code. There is a date of tax assessment to file a lawsuit for an insult i.e. a lawsuit must be filed within one year from the day of the deed and the perpetration of the act/insult by the plaintiff. Damages are intended to restore the condition of the victim so that it is in or back to such circumstances if there is no insult in other words intended to replace the lost or reduced victim of insult.
Kedudukan Hukum Perjanjian Kredit dalam Hal Objek Jaminan Fidusia Musnah I Gusti Agung Mas Cahyani Dewi; Anak Agung Sagung Laksmi Dewi; Ni Made Puspasutari Ujianti
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 (182.411 KB) | DOI: 10.22225/jph.1.1.2166.228-233

Abstract

Crediting activities can be carried out by anyone who has the ability to initiate a loan agreement between the creditor / creditor and the recipient of the loan / debtor, this is regulated in article 8 of the Banking Act. This study aims to analyze the legal position in the credit agreement if the fiduciary collateral object is destroyed, and analyze efforts to resolve disputes due to the destruction of the fiduciary collateral object. The method used is an empirical method with the approach of legal sociology. The results showed that the legal position of the credit agreement if the fiduciary collateral object was destroyed either in the case that the object became the object had been insured or not insured by the owner of the object. The credit agreement remains and the debtor remains responsible for paying off the debt. With this situation, the creditor will turn into a concurrent creditor. Furthermore, in resolving disputes the destruction of fiduciary collateral objects, there are two ways, namely, if the object used as fiduciary collateral object by the debtor in a credit agreement is insured, the creditor can claim insurance for the collateralized object. Whereas if the object which is used as collateral has not been insured in this case the creditor has issued a credit and is taking care of the object's insurance, an undesirable event occurs by the debtor and the creditor, namely the destruction of the object used as collateral. Then the debtor must be held responsible by replacing the items pledged with new objects owned by the debtor and the selling price is the same as the credit issued by the creditor.
Upaya Hukum PT Bank Rakyat Indonesia (Persero) Tbk Unit Amlapura terhadap Debitur yang Wanprestasi dalam Usaha Mikro I Kadek Adi Payana; I Nyoman Putu Budiartha; Ni Made Puspasutari Ujianti
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 (292.417 KB) | DOI: 10.22225/jph.1.1.2256.27-32

Abstract

Economic development in a country is highly dependent on dynamic development and tangible contributions from the development sector. Development in the economic field is the main driver of development, Micro Business plays an important role in development and economic growth, not only in developing countries but also in developed countries. The formulation of the problem in this study, is: 1. Default and Legal Consequences in Micro People's Business Credit Agreement at PT. Bank BRI, 2. Repayment of Debtor Debt in Credit Agreements at Bank Bri. The research method used is a type of normative legal research. The most important part of developing a micro business is borrowing venture capital obtained from loans obtained from a bank. In an agreement, the debtor sometimes fails or defaults. Default or non-fulfillment of the agreement can occur either intentionally or unintentionally. Parties who do not intentionally do this default can occur because they are not able to fulfill these achievements or are also forced to make these achievements. The problem in this study is the occurrence of default on a credit agreement, the data is processed and analyzed qualitatively. The purpose of the analysis is to minimize the risk of bad credit. Then sort out the loan application submitted based on the loan ceiling. Default or non-fulfillment of the agreement can occur either intentionally or unintentionally. Parties who do not intentionally do this default can occur because they are not able to fulfill these achievements or are also forced to make these achievements.
Perlindungan Hukum terhadap Data Pribadi Pengguna Jasa Transportasi Online I Gusti Dama Galang Devara; Anak Agung Sagung Laksmi Dewi; Ni Made Puspasutari Ujianti
Jurnal Preferensi Hukum Vol. 1 No. 1 (2020): Jurnal Preferensi Hukum
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/jph.1.1.2259.1-7

Abstract

Technological developments have brought an impact on all community activities, one of which is the emersion of online transportation services such as those provided by Gojek, Grab, Uber, and others which do not only provide the services of riding but also the services of the delivery of goods, food and others. Using online transportation services requires users to download the application and register themselves. However, the personal data of the service users are often misused by drivers for certain reasons and purposes. To overcome and anticipate this, a strict legal regulation appearing as the legal umbrella to protect each online transportation user from misuse of their personal data by the driver is necessary. This study examines the forms of legal protection for users of online transportation services. Conducted in the design of normative legal research, the study makes use of articles and paragraphs of the laws on transportation and several other related laws. The results of the study indicate that legal protection for users of online transportation services from misuse of their personal data takes the form of repressive legal protection. Online transportation service users are permitted to file a civil suit to the online transportation service provider and to file a direct criminal suit regarding the acts of the driver, not on behalf of the online transportation service provider. Efforts to resolve the dispute-causing acts of misuse of personal data of online transportation service users can be made through deliberations, arbitration and courts. The three forms of settlement are in accordance with Article 45 Paragraph (1), (2) of the Indonesian Basic Agrarian Law and Article 6 of the Arbitration Law. Regarding the act of arbitrary canceling the use of online transportation services by service users appears a crucially urgent object to be studied from a legal perspective in the next studies.
Perlindungan Hukum terhadap Pemegang Desain Industri yang Sama dengan Merek yang Berbeda Ni Komang Monica Dewi Maheswari; I Nyoman Putu Budiatha; Ni Made Puspasutari Ujianti
Jurnal Preferensi Hukum Vol. 2 No. 1 (2021): Jurnal Preferensi Hukum
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (217.095 KB) | DOI: 10.22225/jph.2.1.3049.39-44

Abstract

Industrial design and brand that has been registered could not be replicated, copied, or rented out without the consent of the owner of the design and brand. The design industry and brand need to be protected in order to create the conditions of the business world that is safe and fair. Right to intellectual property has an important role in protecting the inventors thought that in order to avoid the behavior of a cheat. It is due to intellectual property rights is a right that was born from the thpught which are outlined in a wide variety of creation and provide benefits for its creator. The law provides protection to holders of rights in the form of prevention of the business of cheating that make, use, sell, and distribute goods produced without the permission of the owner right. If there are people and companies who cheated on industrial design it can be given administrative sanctions or criminal sanctions in prison.
Tourism Object Development Model Based on Traditional Village in Apuan Village, Bangli District Ni Made Puspasutari Ujianti; Ni Made Sukaryati Karma; Ida Ayu Putu Widiati
Budapest International Research and Critics Institute (BIRCI-Journal): Humanities and Social Sciences Vol 4, No 4 (2021): Budapest International Research and Critics Institute November
Publisher : Budapest International Research and Critics University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33258/birci.v4i4.3330

Abstract

Tourism has several forms, one of which is community-based tourism. Community-Based Tourism, or what is often referred to as Community Based Tourism (CBT) is a form of tourism managed by local communities with an emphasis on environmental, social, and cultural sustainability principles to help tourists understand and learn the local community's way of life. CBT aims to build and strengthen organizational capabilities in local communities. CBT prioritizes improving the welfare of the community through the empowerment of tourism village development which is carried out based on the potential of the rural community itself. Likewise, Apuan Village, Susut District, Bangli Regency, which is rich in potential spiritual tourism objects such as the Tirta Payuk tourist attraction in the Banjar Bangunlemah Kangin, Yeh mangsi, and Tirta Empul attractions in the Banjar Apuan. However, the problem then is that the utilization of tourism objects in Apuan Village has not been maximized. In this study, the object of study to be studied is Apuan Village by emphasizing the model of tourism object development by analyzing the potential and characteristics of Apuan Village so that later an appropriate tourism object development model can be arranged so that it can be applied optimally.
Juridical Instruments for Drinking Water Management through a Village Owned Business Agency in Apuan Village, Susut District, Bangli District Ida Ayu Putu Widiati; Ni Made Puspasutari Ujianti; Luh Putu Suryani; Putu Sandiawan Putra Wiranata; Ida Bagus Gede Sesana Dharma
Budapest International Research and Critics Institute-Journal (BIRCI-Journal) Vol 5, No 3 (2022): Budapest International Research and Critics Institute August
Publisher : Budapest International Research and Critics University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33258/birci.v5i3.6871

Abstract

The responsibility of the State in ensuring the fulfillment of the people's right to drinking water is carried out through the implementation of the Drinking Water Supply System (SPAM), one of which can be implemented by BUM Desa. The problems to be studied are: What is the legal form of BUM Desa in drinking water management in Apuan Village? and what efforts are made by the BUMDes of Apuan Village in optimizing drinking water management? This research is empirical legal research with a sociology of law approach. The results of the study indicate that the legal form of the Apuan Village BUM must be renewed through a conversion process so that it is a legal entity and reorganizes the drinking water management business unit so that it has legality in drinking water management. In the context of optimizing drinking water management, a legal instrument is needed in the form of the Apuan Village Regulation on the Drinking Water Management System based on the SDA Law and the SPAM PP to ensure certainty of the quality, quantity, and continuity of SPAM for the Apuan Village community. Furthermore, it is necessary to prepare SPM and SOP, monitoring facilities, as well as human resource development for drinking water management through comparative studies and training or mentoring.   
Criminal Sanctions against Threats of Violence Through Social Media Luh Putu Suryani; I Nyoman Gede Sugiartha; Ni Made Puspasutari Ujianti
Budapest International Research and Critics Institute-Journal (BIRCI-Journal) Vol 5, No 3 (2022): Budapest International Research and Critics Institute August
Publisher : Budapest International Research and Critics University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33258/birci.v5i3.6873

Abstract

It is undeniable that technological advances are increasingly affecting human life to facilitate human activities. With the many facilities offered, it is easier for humans to do things that are not in accordance with what they should do, such as committing crimes of threats of violence through social media that are rife in today's society. With this, the Indonesian government has issued several rules for law enforcement against perpetrators of criminal acts of threats of violence through social media as regulated in Article 335 paragraph (1) 369 paragraph (1) of the Criminal Code and Article 45B of the ITE Law. In this study, the causes of perpetrators of criminal acts of threatening violence through social media are explored and examined more deeply, besides that, criminal sanctions are also carefully examined for perpetrators of criminal acts of threats of violence through social media. This research uses normative legal research type. The cause of the perpetrators of these crimes needs to be known so that the public remains vigilant. Then regarding the sanctions that will be imposed on the perpetrators in accordance with the Criminal Code and the ITE Law.
Co-Authors A. A. Sagung Laksmi Dewi Anak Agung Alit Ista Damayanti Anak Agung Lanang Parwacita 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 Chandra Adi Gunawan Putra Diah Gayatri Sudibya Ferdinandus Kila Gede Agus Krisna Mahendra 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 Gusti Ngurah Bagas Suadarmadinata I Kadek Adi Payana I Ketut Gede Suardana I MADE ADHI ARIANA 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 Komang Gede Dipayana Made Sadhu Arta Kori Nella Hasibuan Oleary Ni Kadek Wulan Juliandini Ni Komang Monica Dewi Maheswari Ni Komang Yolla Jonewabar Sanjiwani 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 Pande Komang Rama Raditya Prameswara Prof. Dr. I Nyoman Putu Budiartha Pusaka, Semerdanta Putu Rahayu Purnamasari Putu Sandiawan Putra Wiranata Putu Suryani . Salsabillah Nilam Zahra Victoria Bellanique Solang Widiati, Ida Ayu Putu