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All Journal Kertha Negara : Journal Ilmu Hukum JURNAL MAGISTER HUKUM UDAYANA Jurnal Penelitian dan Pengembangan Sains dan Humaniora (JPPSH) Jurnal Ilmu Sosial dan Humaniora Jurnal Komunikasi Hukum Jurnal Akta Indonesian Journal of Global Health research Budapest International Research and Critics Institute-Journal (BIRCI-Journal): Humanities and Social Sciences International Journal of Business, Law, and Education Sibatik Journal : Jurnal Ilmiah Bidang Sosial, Ekonomi, Budaya, Teknologi, Dan Pendidikan Journal Of World Science Kertha Widya : Jurnal Hukum Journal of Law, Poliitic and Humanities Yuris: Journal of Court and Justice Protection: Journal Of Land And Environmental Law West Science Interdisciplinary Studies Vyavahara Duta Birokrasi: Jurnal Ilmu Hukum dan Tata Negara West Science Interdisciplinary Studies Kertha Semaya : Journal Ilmu Hukum Acta Comitas : Jurnal Hukum Kenotariatan Jurnal Penelitian Hukum De Jure
I Nyoman Bagiastra
Fakultas Hukum Universitas Udayana
Religion Arts Humanities Computer Science & IT Economics, Econometrics & Finance Education Engineering Environmental Science Health Professions Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Neuroscience Nursing Public Health Social Sciences Other

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Legal Responsibility For Operational Failures Through Robotic Telesurgery Madeni Apriliani, Ni Putu Eka; Bagiastra, I Nyoman
West Science Interdisciplinary Studies Vol. 2 No. 09 (2024): West Science Interdisciplinary Studies
Publisher : Westscience Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58812/wsis.v2i09.1306

Abstract

Technological developments, especially in the health sector, are currently growing very rapidly. Robotic Telesurgery or remote surgical robots are expected to become a technology that can realize health equality in Indonesia, but it is a shame that technological progress is not comparable to the relevant regulations that regulate it, it is feared that this will not guarantee legal certainty which could lead to malpractice. The method used in this research is a normative legal research method because the focus of the study departs from the vagueness of norms using the approach: statute approach, conceptual approach, as well as analytical approach. The legal material search technique uses document study techniques, and study analysis uses qualitative analysis. The results of this research are that there is a void in norms in Law Number 17 of 2023 concerning Health which does not regulate legal responsibility for failed operations through Robotic Telesurgery So it is necessary to create a law that specifically regulates the responsibilities of doctors.
CORPORATE ORGANS’ ACCOUNTABILITY IN CASE OF SOLE PROPRIETORSHIP BANKRUPTCY Widyaningrum, Cokorda Istri Sri Dharma; Bagiastra, I Nyoman
YURIS: Journal of Court and Justice Vol. 3 Issue 3 (2024)
Publisher : jfpublisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56943/jcj.v3i3.584

Abstract

Job creation provides ease of doing business for the public, especially MSMEs, by allowing them the opportunity to start their own company, which can be founded by one person or can be called as a sole proprietorship. The allowance of forming a limited liability company by one person for MSME business actors has caused legal uncertainty whether its Shareholder General Assembly, Board of Directors, and Board of Commissioners can be appointed by one person, since the Job Creation Law has not amended the provisions of Article 1 point 2 of Law No. 40/2007 on Limited Liability Companies which stipulates that the company’s organs must include the General Meeting of Shareholders, Board of Directors, and Board of Commissioners. This research used normative legal research methods combined with statutory and conceptual approaches. Based on the provisions of Article 7 Paragraphs (1) and (2) of Government Regulation No. 8/2021 concerning that a sole proprietorship company is set up with a deed of establishment equipped with identification of the founders or directors and shareholders of the sole proprietorship company, the company’s organ position in a sole proprietorship company only consists of directors and shareholders, excluding commissioners. Liability when bankruptcy occurs due to negligence or fault of the management can be held personally liable, while shareholders can only be liable to their extent due to the shares they own in the sole proprietorship.
Analysis of the Notary's Responsibility for Errors in Making a Deed Darmawan, I Made Yogi; Bagiastra, I Nyoman
West Science Interdisciplinary Studies Vol. 2 No. 11 (2024): West Science Interdisciplinary Studies
Publisher : Westscience Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58812/wsis.v2i11.1418

Abstract

This research aims to analyze the notary's responsibility for errors in deed preparation, which is a crucial aspect in legal practice in Indonesia. Notaries, as public officials who have the authority to make authentic deeds, play an important role in ensuring the validity of legal transactions. However, errors in making a deed can occur due to various factors, both internal and external, which have the potential to cause legal disputes and financial losses for the parties involved. This research uses a normative method with a qualitative approach to explore the legal norms that regulate the responsibilities of notaries and the implications of errors that may occur. Errors in making a deed can be categorized as typographical errors and substantive errors, each of which has a different impact on the legal force of the deed. Notary responsibilities can be seen from two perspectives, namely civil law and criminal law, depending on the nature of the error that occurred. Research findings show that there is a need to increase awareness of ethics and integrity in notary practice, as well as recommendations for improvements in the implementation of notary duties in order to maintain public trust in this profession. It is hoped that this research can provide a constructive contribution to the development of better notarial practices in Indonesia.
Reform on Death Crime in Law Number 1 of 2023 PRATIWI, I Gusti Agung Istri Ranya Astri; BAGIASTRA, I Nyoman
Protection: Journal Of Land And Environmental Law Vol. 2 No. 1 (2023): Protection: Journal Of Land And Environmental Law. (July – October 2023)
Publisher : Indonesia Strategic Sustainability

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38142/pjlel.v2i1.1058

Abstract

This article aims to analyze, investigate, and understand the reform of the death penalty in Indonesia based on Law Number 1 of 2023, as well as a comparison of the death penalty between China and Indonesia. In this article, the authors use normative legal research methods with a statutory approach. The research results show that the death penalty in Indonesia was initially a primary crime but after the enactment of Law Number 1 of 2023, better known as the New Criminal Code, the death penalty was changed to an alternative crime. This is stated in Article 100 of the New Criminal Code, and convicts have a probation period of 10 years. The sentence can be reduced to life imprisonment if they show commendable morals and behavior. The commendable qualities and behavior are obeying prison regulations and contributing services that benefit the nation and state. Apart from Indonesia, China is a country that still applies the death penalty. Both China and Indonesia have probationary periods before the death penalty is carried out. The probation period is an opportunity for the convict to correct his mistakes. Executions in China are carried out in two ways, namely by being shot in the heart and by lethal injection. In contrast, in Indonesia, they are only shot dead by the executioner.
Criteria and Conditions for Determining an Act of Robbery Reviewed from a Criminal Law Perspective MANGGALA, Ni Kadek Erika; BAGIASTRA, I Nyoman
Protection: Journal Of Land And Environmental Law Vol. 2 No. 1 (2023): Protection: Journal Of Land And Environmental Law. (July – October 2023)
Publisher : Indonesia Strategic Sustainability

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38142/pjlel.v2i1.1059

Abstract

This research aims to determine the legal comparison of criminal acts of theft and mugging or robbery based on the provisions of Indonesian criminal law. It also helps to understand the requirements and influence of interpretation for the legal determination of criminal acts such as robbery from a legal perspective. This type of research is normative legal research, specifically discussing theft and robbery. The data collection method used in this research is a literature study that reviews literature related to the object of this research. The research results show that the comparison between the Crime of theft and not the Crime of robbery lies in using the article regulations. Suppose the Crime of theft is regulated in Article 362 of the Criminal Code. Meanwhile, Article 365 of the Criminal Code regulates the Crime of robbery. Article 365 of the Criminal Code provides a strong legal basis for criminalizing and punishing perpetrators of criminal acts of theft with violence. Correct legal interpretation of Article 365 of the Criminal Code is very important to ensure fair and effective law enforcement against perpetrators of these criminal acts.
Urgency of Reformulation of the National Development Planning System with the Gbhn Model NOHANA, Ni Gek Ayu Septi; BAGIASTRA, I Nyoman
Protection: Journal Of Land And Environmental Law Vol. 2 No. 1 (2023): Protection: Journal Of Land And Environmental Law. (July – October 2023)
Publisher : Indonesia Strategic Sustainability

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38142/pjlel.v2i1.1076

Abstract

The discourse that has emerged in recent years regarding the importance of GBHN and plans to revive GBHN has surfaced. It is due to the less-than-optimal success of the national development planning system, which is a guideline for formulating long-term development plans (RPJP), medium-term development plans (RPJM) and annual development plans or Government Work Plans (RKP). However, the return of the GBHN concept has pros and cons; with the re-enactment of GBHN, it is feared that the authority of the MPR as the highest institution will re-emerge. Therefore, it is contrary to the presidential concept that has been agreed upon. Based on the above thinking, the main problem is how urgent the general boundaries of state policy are in the national development system. Second, How Compatible are the General Outlines of State Policy in the Indonesian Presidential System? In the context of formulation, discussion, and determination, the MPR must base it on the principle of the Democratic Directive Principle of State Policy Making, meaning that the formation of the basic policy must be carried out democratically, where the main feature of the democratic concept is public participation.
Designing Effective Regulations on Rabies Control in Tropical Regions: A Systematic Literature Review Ni Putu Meiliana Dewantari; I Nyoman Bagiastra; I Wayan Gede Artawan Eka Putra
Journal of Law, Politic and Humanities Vol. 5 No. 2 (2024): (JLPH) Journal of Law, Politic and Humanities
Publisher : Dinasti Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jlph.v5i2.1140

Abstract

Rabies, a global public health issue with a 100% mortality rate, affects tens of thousands annually, primarily in tropical regions, and is widespread in over 150 regions. Effective rabies control regulations are crucial in tropical regions due to limited healthcare, dense population, and virus-carrying species, promoting well-being, reducing costs, and promoting sustainability. This article aims to design effective regulations on rabies control in tropical regions. The study utilized a systematic literature review to explore effective rabies control in tropical regions. The analysis used Publish and Perish 8 tool and Mendeley Reference Manager software. The PRISMA was employed to guide the investigation. The study identified 26 significant research articles from 357 exclusions. The results reveal that pet rabies regulations may not effectively control outbreaks, requiring prioritizing awareness campaigns due to resource constraints, weak healthcare systems, and cultural factors in tropical regions. Therefore, the design of effective regulations on rabies control in tropical regions highlight: vaccination programs targeting pet domestications; reducing risk of rabies transmission through domesticated livestock; including rules on control, risk regulation, and animal population control; outlining minimum standards for health facilities and veterinary services; retraining healthcare workers and veterinarians involved in rabies prevention is necessary.
PENGANGKATAN ANAK DI DESA ADAT SUKAWANA: KEPENTINGAN ANAK VERSUS KEPENTINGAN ORANG TUA ANGKAT sukmayasa, kadek; Bagiastra, I Nyoman; Pramana, Gede Pasek
VYAVAHARA DUTA Vol 19 No 2 (2024)
Publisher : Jurusan Hukum Fakultas Dharma Duta Universitas Hindu Negeri I Gusti Bagus Sugriwa Denpasar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25078/vyavaharaduta.v19i2.4194

Abstract

Generally, every married couple has the same desire to have a biological child. However, there are times when this wish does not come true for certain reasons. However, this desire is not completely dashed, because every family that does not have biological children can adopt children. Juridically, child adoption in Indonesia is regulated through Government Regulation Number 54 of 2007. Through this juridical basis, it is regulated that the implementation of child adoption can be carried out by following the provisions of Legislation and customary and customary provisions. The aim of this study is to analyze the implementation of appointment regulations in Indonesia which are carried out based on customs. This study was conducted using empirical legal research methods. The results of the study show that adoption is not only carried out for the child's interests, but there are other interests that are a factor in a family in Desa Adat Sukawana adopting a child. Regarding the technical implementation, in general the implementation of child adoption regulations in Indonesia has been implemented in the adoption of children based on customs in Desa Adat Sukawana. Adoption of children based on customs in Desa Adat Sukawana is regulated in Awig-awig. The procedure for adopting a child in the Sukawana Traditional Village is divided into 3 (three) stages, namely the preparation stage, the implementation stage, and the post-adoption stage. The study carried out contributes to knowledge in the field of Law, especially regarding the legal aspects of child adoption based on customs.
Price Markup in Property Purchase: A Legal Perspective on The Risk of Default and Decrease in Property Value at Auction Wijaya, I Ketut Reksa; Yasa, Putu Gede Arya Sumerta; Bagiastra, I Nyoman
International Journal of Business, Law, and Education Vol. 5 No. 1 (2024): International Journal of Business, Law, and Education
Publisher : IJBLE Scientific Publications Community Inc.

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56442/ijble.v5i1.473

Abstract

Loans or credit are a commonly used financing model for new and existing businesses. The amount of credit granted is determined by the collateralized assets. However, problems often arise when the property used as collateral turns out to be valued below expectations. This occurs because property buyers become victims of price markup crimes. This study focuses on defining the boundaries of this crime in cases of price markup and the legal protections that can be provided to victims of property price markup. Consequently, the general public can avoid the risks of falling victim to such fraudulent schemes. This study delves into the intricacies of price markup crimes, aiming to delineate clear boundaries and legal protections for victims. By shedding light on these issues, we aim to empower the general public with knowledge to recognize and mitigate the risks associated with fraudulent schemes. Through a comprehensive understanding of the legal framework surrounding property price markups, individuals can make informed decisions and safeguard themselves against potential exploitation in property transactions. Ultimately, this research endeavors to foster transparency and accountability in the property market, fostering a fair and equitable environment for all stakeholders involved
The Role and Responsibilities of Notaries in Making Authentic Deeds Based on Forged Letters from the Parties Kirana Wiguna, Ni Komang Cahya; Bagiastra, I Nyoman
West Science Interdisciplinary Studies Vol. 3 No. 01 (2025): West Science Interdisciplinary Studies
Publisher : Westscience Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58812/wsis.v3i01.1620

Abstract

Notaries play an important role in the Indonesian legal system, especially in the making of authentic deeds that have high evidentiary power. One of the main responsibilities of a notary is to ensure the validity of the documents used as the basis for making authentic deeds. However, in practice, it is not uncommon for fake documents to escape the notary's inspection and be used in making authentic deeds. This study aims to analyze the role and responsibilities of notaries in making authentic deeds based on fake letters, as well as the legal risks faced by notaries if they are involved in using fake letters. This study uses a normative research method with a statutory and conceptual approach, which examines laws and regulations related to the position of notary, forgery of letters, and legal responsibilities arising from the involvement of notaries in making deeds based on fake documents. The results of the study indicate that notaries have an obligation to verify the authenticity of documents and the identities of the parties involved, as well as to provide an explanation of the contents of the deed to the parties. If a notary is involved in making an authentic deed based on a fake letter, he can be subject to criminal sanctions in accordance with Article 263 and Article 264 of the Criminal Code, as well as civil liability in accordance with Article 1365 of the Civil Code. This study also highlights the importance of increasing the vigilance and ability of notaries in detecting fake documents to prevent the practice of document forgery which can harm many parties.
Co-Authors A. A. Gede Raka Putra Adnyana Adhi Saputra, I Made Hendra Adi Putra, Salit Ngurah Bagus Agung Tri Widia Wati Anak Agung Ayu Agung Devi Anjani Jelantik Anak Agung Ketut Sukranatha Anak Agung Ngurah Deva Ekada Saputra Anak Agung Ngurah Putra Satria Kusuma Anak Agung Titah Ratihtiari Anastasya, Dewa Ayu Julia Angga, Dewa Bagus Gede Ari Rama Bagus Putu Wisnu Mandala W Bagus Putu Wisnu Mandala Weisnawa Budhi Mahayana, I Gede Chiara, Ni Putu Ayu Mandalay Shasa Alba Darmawan, I Made Yogi Dewa Gede Prawira Buwana DEWI, Ni Luh Putu Yuni Sartika Dwirama Wiguna, I Made Ananda Farel Aditya Maksum Franasia, Franasia Gede Hardiyana Putra Gilbert Parsaulian Hutapea Gita Lestari, Made Ayu Holys Abdiel Lumira I Dewa Made Anom Jagadhita I Gede Agus Ngurah Gede I Gede Artha I Gede Arya Kusuma I Gede Dharma Eka Yudarsa I Gusti Agung Ayu Gita Pritayanti Dinar I Gusti Ayu Putri Kartika, I Gusti Ayu I Gusti Ketut Bagusdharma Liran I Kadek Dwi Wisma Putra I Ketut Markeling I KETUT SUDANTRA I Komang Gede Jaya Artha Kusuma I Made Arya Utama I Made Dedy Priyanto I Made Kresnayana I Made Suryantara Widi I Nyoman Darmadha I Nyoman Gede Sugiartha I Putu Donny Laksmana Putra I Putu Raka Wijaya Putra I Wayan Gede Artawan Eka Putra I Wayan Parsa I Wayan Putra Nugraha I Wayan Wardiman Dinata Ida Ayu Dinda Laksmi Ida Bagus Adhitya Prayoga D Ida Bagus Anindya Jaya Keniten Ida Bagus Ari Bismantara Ida Bagus Gede Pratama Ida Bagus Indra Mahardika Ida Bagus Kade Wahyu Sudhyatmika Ida Bagus Putra Atmadja Ida Bagus Putu Sutama Intan Pratiwi Justitio, Andrean Darven Kadek Arya Putra Gunawan Kadek Arya Putra Gunawan Kadek Julia Mahadewi Kadek Lilyani Kadek Radhitya Vidianditha Ketut Leona Trida Yuliani Kirana Wiguna, Ni Komang Cahya Komang Tri Sundari Dewi Komang Wahyuni Purnama Ningrum Krista, I Kadek Lani Eka Kumala Dewi Luh Kurnia Dharma Pertiwi, Ni Luh Nyoman Alit Aryani Made Arie Wiedhayanti Made Dita Widyantari Made Ray Adityanata Made Sintya Wahyu Wulan Astari Madeni Apriliani, Ni Putu Eka Mahendra Junior, Gde Putra MANGGALA, Ni Kadek Erika Ni Kadek Ditha Angreni Ni Luh Dina Yuliana Ni Luh Gede Astariyani Ni Made Adinda Wikan Dewi NI MADE ARI YULIARTINI GRIADHI Ni Made Asri Alvionita Ni Made Deby Anita Sari Ni Made Rian Ayu Sumardani Ni Nyoman Trisnadi Piranti Sari Dewi Ni Putu Ayu Yuliana Murni Ni Putu Meiliana Dewantari NOHANA, Ni Gek Ayu Septi Nugraha, Putu Bagus Satya Nyoman Edy Febriana Nyoman Rexa Danandhika Pangestu, Gede Hadi Pramana, Gede Pasek PRATIWI, I Gusti Agung Istri Ranya Astri Putra Gunawan, Kadek Arya Putu Astika Yasa Putu Gede Arya Sumertayasa Putu Novi Pujayanti Putu Putri Nugraha Putu Tasya Ratna Elisabeth Kusumaedi Putu Tissya Poppy Aristiani Raja Tua Hamonangan Ria Tri Harini Dwi Rusiawati Riana Putra Intaran, Galih Sagung Agung Diah Prameswari Puspitaningtyas Sastra Nugraha, I Made Aditya Selvi Marcellia Sri Deviani Putri, Ni Kadek Ayu Mega Suatra Putrawan sukmayasa, kadek Tjokorda Gde Indraputra Udiana, Gede Krisna Wahyu Tantra Setiadi Wayan Agus Singid Adnyana Widyaningrum, Cokorda Istri Sri Dharma Widyasari Susrama Putri, Ni Luh Vita Widyatama, Pande Made Mahatma Wijaya, I Ketut Reksa Windi Dianti Agustin