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All Journal Budapest International Research and Critics Institute-Journal (BIRCI-Journal): Humanities and Social Sciences Jurnal Konstruksi Hukum Jurnal Interpretasi Hukum Jurnal Preferensi Hukum (JPH) Community Services Journal (CSJ) Al-Zayn: Jurnal Ilmu Sosial & Hukum Jurnal Analogi Hukum Community Service Journal of Law
Ni Made Puspasutari Ujianti
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Religion Arts Humanities Economics, Econometrics & Finance Education Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Social Sciences

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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 : Fakultas Hukum, Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/juinhum.1.1.2189.72-76

Abstract

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.
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 : Fakultas Hukum, Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | 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.
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

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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

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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

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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

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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

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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.
Pendampingan Penyusunan Peraturan Desa Tentang Pungutan Desa Yang Adil dan Transparan di Desa Apuan Bangli Ni Made Puspasutari Ujianti; Ida Ayu Putu Widiati; A.A Gede Ananta Wijaya Sahadewa; I G. A. Intan Saputra Rini; Ni Putu Laksmi Krisnina Maharani; Dewa Gede Agung Semarabawa
Community Service Journal (CSJ) Vol. 8 No. 1 (2025)
Publisher : Lembaga Pengabdian Kepada Masyarakat, Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/csj.8.1.2025.26-32

Abstract

Penyusunan Peraturan Desa (Perdes) mengenai pungutan desa merupakan langkah strategis dalam mewujudkan tata kelola pemerintahan desa yang transparan, akuntabel, dan berkeadilan. Desa Apuan, Susut, Bangli, menghadapi tantangan dalam merumuskan regulasi yang mampu mengakomodasi kebutuhan pendapatan desa sekaligus menjaga kepentingan masyarakat. Kegiatan pendampingan penyusunan Perdes ini bertujuan untuk memberikan fasilitasi teknis, meningkatkan kapasitas aparatur desa, serta mendorong partisipasi masyarakat dalam proses perumusan regulasi pungutan desa. Metode yang digunakan meliputi identifikasi permasalahan, analisis regulasi terkait, diskusi kelompok terarah, serta FGD dalam penyusunan draf Perdes. Hasil pendampingan menunjukkan bahwa keterlibatan multi pihak, terutama pemerintah desa, Badan Permusyawaratan Desa (BPD), dan masyarakat, mampu menghasilkan rancangan Perdes yang lebih sistematis, adil, dan transparan. Dengan demikian, kegiatan ini tidak hanya memperkuat aspek regulasi, tetapi juga meningkatkan kesadaran hukum dan partisipasi warga dalam tata kelola desa.
Wanprestasi yang Dilakukan oleh Pihak Debitur Pelaksanaan Perjanjian Kredit Pada Koperasi Dana Rahayu I B Eka Karanantara; I Nyoman Putu Budiartha; Ni Made Puspasutari Ujianti
Jurnal Analogi Hukum Vol. 2 No. 2 (2020): Jurnal Analogi Hukum
Publisher : Fakultas Hukum Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/ah.2.2.2020.160-164

Abstract

To improve the welfare of the community, one of the non-banking institutions is the cooperative providing credit loan facilities for the needs of the community. The aim is as a means of channeling loans or credit for priority communities and people in general. But in reality, the easier the provision of credit services to the public, tends to be a serious problem in the payment of credit. For example, defaults carried out by the community by not implementing the agreed agreement. Therefore the authors are interested in conducting research with the formulation of the problem 1) What are the causes of default by the debtor in the implementation of the loan agreement at Dana Rahayu Cooperative? 2) How do you settle defaults by debtors at the Dana Rahayu Cooperative? The research method used is a empiris research method. The debtor can be said to default if the debtor does not do what he is willing to do, does what he promised is not as promised, does what he promised but is too late, does something that according to the agreement he cannot do. The cause of the default at the Dana Rahayu Cooperative was because the debtor did not pay the arrears for one year and nine months as agreed in the credit agreement. In the Dana Rahayu Cooperative Management Decision, the default made by the debtor on the credit agreement is resolved as far as possible using a family approach to the borrowing member. and it is impossible to do a settlement, the last resort is to carry out the seizure of collateral.
Wewenang Notaris Membuat Surat Kuasa Membebankan Hak Tanggungan (SKMHT) Menggunakan Blanko Yang Disediakan Oleh Badan Pertanahan Republik Indonesia Ni Made Arnita Sari; I Nyoman Sumardika; Ni Made Puspasutari Ujianti
Jurnal Analogi Hukum Vol. 3 No. 1 (2021): Jurnal Analogi Hukum
Publisher : Fakultas Hukum Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/ah.3.1.2021.62-67

Abstract

A notary is a public official who is authorized to make authentic deeds, and one of his authorities is to make a Power of Attorney to Charge Mortgage Rights hereinafter referred to as SKMHT. The authority of a notary to be able to make SKMHT can be done by making his own notary deed that has been prepared by a notary issued by National Land Agency of the Republic of Indonesia. A notary is a public official whose sole authority is to make an authentic deed regarding all acts, agreements and stipulations required by a general regulation or by an interest desired to be stated in an authentic deed. The formulations of the problems used are: 1. Is the power of attorney to impose mortgage rights (SKMHT) made by a Notary using the form provided by the National Land Agency of the Republic of Indonesia is not an authentic deed? 2. What are the legal consequences if the power of attorney to impose mortgage rights (SKMHT) made by a notary using the form provided by the National Land Agency of the Republic of Indonesia? The research method used in this study is a type of normative legal research. The approach adopted to discuss the problems in this study is through the statute approach and the conceptual approach. So the Notary is authorized to make SKMHT as stipulated in Article 15 paragraph (1) UUHT, but if the SKMHT he uses the SKHMT form provided by the Republic of Indonesia BPN, then the SKHMT he made does not fulfill the provisions of Article 38 UUJN, so the SKMHT Deed he made is not Authentic Deed, but only in the form of Deed Under the Hand. As a result of the law if the SKMHT made by the Notary uses the SKHMT form provided by the Republic of Indonesia BPN, it will result in a Notary, SKMHT made by a Notary null and void
Co-Authors A. A. Sagung Laksmi Dewi A.A Gede Ananta Wijaya Sahadewa 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 Bagus Putu Lanang Agastya Cecillia Ayu Triwulandari Suhartono Desak Gde Dwi Arini Dewa Gede Agung Semarabawa Dewi, A.A Sagung Laksmi Diah Gayatri Sudibya Ferdinandus Kila Gede Darwis Triadi Gusti Ayu Dwi Dhyana Amrita Gusti Ayu Putu Apriliana Purnama Dewi I B Eka Karanantara I G. A. Intan Saputra Rini 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 Dwiki Yolanda I Made Heriyana I Made Panji Ambara Putra I Made Rimawan I Nyoman Bangkit Sugiarta I Nyoman Gede Sugiartha I Nyoman Krisna Hermawan I Nyoman Putu Budiartha I Nyoman Putu Budiartha I Nyoman Putu Budiartha I Nyoman Putu Budiartha I Nyoman Putu Budiatha I Nyoman Sujana I Nyoman Sujana I Nyoman Sumardika I Putu Gede Agus Wirayasa I Putu Yoga Eka Putra Gunawan I Wayan Angga Pratama I Wayan Bagas Surya Adi Pratama I Wayan Suambara Ida Bagus Gede Sesana Dharma Ida Bagus Wimba Pratama Johannes Ibrahim Kosasih Karma, Ni Made Sukaryati Kharisma Nanda Sattwika Lia Ayu Lestari Luziana Dewi, Ni Putu Angie 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 Arnita Sari Ni Made Jaya Senastri Ni Putu Laksmi Krisnina Maharani Nyoman Triananda Prayoga Pande Gede Gita Putra Nugraha Prima Maria Fatima Bana Pusaka, Semerdanta Putu Rahayu Purnamasari Putu Sandiawan Putra Wiranata Putu Suryani . Salsabillah Nilam Zahra Victoria Bellanique Solang Widiati, Ida Ayu Putu