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All Journal Kertha Negara : Journal Ilmu Hukum Kertha Patrika JURNAL MAGISTER HUKUM UDAYANA Jurnal Penelitian dan Pengembangan Sains dan Humaniora (JPPSH) Jurnal Ilmu Sosial dan Humaniora Jurnal Komunikasi Hukum Jurnal Akta Jurnal Penelitian Hukum De Jure 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 POLICY, LAW, NOTARY AND REGULATORY ISSUES (POLRI) Kertha Widya : Jurnal Hukum Journal of Law, Poliitic and Humanities Yuris: Journal of Court and Justice Protection: Journal Of Land And Environmental Law Asas wa Tandhim: Jurnal Hukum, Pendidikan, dan Sosial Keagamaan International Journal of Health, Engineering and Technology West Science Interdisciplinary Studies Vyavahara Duta West Science Interdisciplinary Studies Kertha Semaya : Journal Ilmu Hukum Acta Comitas : Jurnal Hukum Kenotariatan
I Nyoman Bagiastra
Fakultas Hukum Universitas Udayana
Religion Agriculture, Biological Sciences & Forestry Arts Humanities Chemical Engineering, Chemistry & Bioengineering Computer Science & IT Dentistry Economics, Econometrics & Finance Education Engineering Environmental Science Health Professions Immunology & microbiology Industrial & Manufacturing Engineering Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Mechanical Engineering Medicine & Pharmacology Neuroscience Nursing Public Health Social Sciences Veterinary Other

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REFORMULASI DEFINISI ANAK SEBAGAI AHLI WARIS PENSIUNAN PEGAWAI NEGERI SIPIL Ni Made Deby Anita Sari; I Nyoman Bagiastra; I Made Arya Utama
Jurnal Komunikasi Hukum Vol 10 No 2 (2024): Agustus, Jurnal Komunikasi Hukum
Publisher : Program Studi Ilmu Hukum Fakultas Hukum dan Ilmu Sosial Universitas Pendidikan Ganesha Singaraja

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23887/jkh.v10i2.84763

Abstract

Civil servants have the rights of protection, maintenance and welfare. Civil Servants pension security and Old Age Security are given as protection for the continuity of old-age income, as a right and as a reward for the service of civil servants given in the national social security program. When a civil servant dies, and the event that their widow/widower has also died, it will be given to his children. Thus, it can be seen that the heirs of retired civil servants who are entitled to civil servant insurance are limited to widows/widowers or their children. This writing aims to examine and resolve confusion arising from the ambiguity of the definition of children who are entitled to receive pension insurance from their parents who are retired civil servants when their parents have died. This study uses normative legal research methods to analyze the vague norms. The ambiguity of the definition of children in the law Number 11 of 1969 will cause problems in determining the position of children as heirs of pension rights for Civil Servants pensioners. After doing research, it is known that the position of adopted children is only entitled to an adopted child allowance. Meanwhile, children as recipients of the rights of pension are only legitimate biological children or legalized biological children.
Analysis of the Death Penalty in the Context of Human Rights Law Putra Gunawan, Kadek Arya; Bagiastra, I Nyoman
West Science Interdisciplinary Studies Vol. 1 No. 12 (2023): West Science Interdisciplinary Studies
Publisher : Westscience Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58812/wsis.v1i12.440

Abstract

This research explores the implementation of the death penalty in Indonesia in the context of human rights through literature study methods. The fundamental problem lies in legal uncertainty, human rights violations, and social impacts arising from the execution of the death penalty. The purpose of the study is to analyze these complex dynamics with a focus on Indonesian conditions. The literature study method is used to investigate scientific works, human rights reports, and related official documents. The results showed policy changes, non-conformity to human rights standards, as well as shifts in public opinion and international responses. The conclusion of the study underscores the need for more progressive policy measures to ensure fairness, transparency, and protection of individual rights in the execution of the death penalty in Indonesia. The novelty of this research lies in its comprehensive approach to this controversial issue, offering an in-depth and relevant perspective for further understanding.
The Paradox of Punishment: Between Assimilation and Indonesian Public Health During the Covid-19 Pandemic Nugraha, Putu Bagus Satya; Bagiastra, I Nyoman
West Science Interdisciplinary Studies Vol. 1 No. 12 (2023): West Science Interdisciplinary Studies
Publisher : Westscience Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58812/wsis.v1i12.467

Abstract

Since the beginning of 2020, Indonesia has been hit by a deadly virus outbreak known as Corona Virus Disease or Covid-19. Covid-19, which is claimed to be a pandemic, has changed the foundations of all sectors of life, including the legal and criminal system in Indonesia. Various gaps have been created between das sein and das sollen related to the regulations issued by the government to reduce the number of Covid-19 cases. On the one hand, the Ministry of Law and Human Rights in its mandate has established a policy of releasing prisoners through the assimilation and integration rights program as one of the steps to suppress the spread of Covid-19. Contrary to this, on the other hand, a regulation has emerged that threatens the public for those who violate the rules regarding the prevention of this epidemic, especially for violators of Law Number 6 of 2018 concerning Quarantine. These two law enforcement policies will certainly be a punishment paradox where if prisoners are given assimilation, it will have the potential to cause a Covid-19 cluster from prisons to the general public and also has the potential to cause other problems such as committing crimes again. Likewise, if a prokes violator is put in prison, it is possible that he will contract Covid-19 and spread it to prisoners in prison, so this will become very vulnerable considering that the number of prisoners in prison is very large and even over capacity.
Analysis of The Accountability of Business Actors to Consumers Who are Disadvantaged for Damage to an Item in The Context of Consumer Protection Sri Deviani Putri, Ni Kadek Ayu Mega; Bagiastra, I Nyoman
West Science Interdisciplinary Studies Vol. 2 No. 06 (2024): West Science Interdisciplinary Studies
Publisher : Westscience Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58812/wsis.v2i06.990

Abstract

This study aims to analyze the implementation of accountability from business actors to consumers who are harmed by damage to an item based on the Consumer Protection Act conducted using the literature study. The problem in this study is related to violations of rights rather than consumers for damage to an item purchased related to accountability rather than a business actor that causes these losses. The purpose of the implementation of this research is to analyze the conditions of accountability of business actors to consumers dynamics of their conditions in the territory of Indonesia. Literature study method as a method used to investigate scientific works, reports on the accountability of business actors and official documents that have a connection with the research conducted. The results showed that the accountability of business actors included compensation in the form of refund or returns to the same or equal value, but accountability still had an impact on the decline in consumer confidence in business actors. Conclusion this study states that the permeasun of legal protection efforts given to consumers for losses caused by business actors. The renewal of this research lies in the comprehensive approach used on the issues that occur and conduct in -depth research and not only look on the one hand.
The Validity of A Sale and Purchase Agreement Via The Internet Reviewed From A Civil Law Perspective Gita Lestari, Made Ayu; Bagiastra, I Nyoman
West Science Interdisciplinary Studies Vol. 2 No. 06 (2024): West Science Interdisciplinary Studies
Publisher : Westscience Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58812/wsis.v2i06.1018

Abstract

This examination means to decide the legitimacy of deals and buy arrangements through the Web from a common regulation point of view. The sort of exploration utilized is standardizing juridical. The nature of this research is descriptive and qualitative. Document study methods derived from relevant literature studies on the issues discussed were used in the process of data collection. The exploration results show that the legitimacy of a deal and buy understanding through the web should have a similar legitimacy as a regular understanding as long as it very well may be demonstrated and meets the arrangements in Article 1320 of the Common Code. The reason for legitimacy happens if the two of them commonly concur and there is an expression of understanding between the purchaser and merchant in conveying in regards to the proposal of merchandise and the determination of the ideal products and both have concurred that there is an arrangement.
Integrated Waste Management Place and Environmental Pillar Sustainable Development Goals: Solution or Threat? Mahendra Junior, Gde Putra; Bagiastra, I Nyoman; Mahadewi, Kadek Julia
West Science Interdisciplinary Studies Vol. 2 No. 06 (2024): West Science Interdisciplinary Studies
Publisher : Westscience Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58812/wsis.v2i06.1038

Abstract

This article discusses the issue of the Kesiman Kertalangu Integrated Waste Management Site (TPST) which has an impact on the surrounding community because the smoke produced causes disruption to people's sense of smell and even threatens public health, but basically the community is not protesting regarding the existence of the TPST but rather the impact caused by its activities. This article uses a normative legal research method, by taking a statutory approach, then the data collected will be processed using a qualitative approach and explained descriptively. The Kesiman Kertalangu TPST violates the right to a clean and healthy environment as mandated by the constitution, UUPPLH and the Sustainable Development Goal's concept. It is hoped that the government's responsibility regarding the impacts that occur will refer to article 54 UUPPLH and 82 of the Job Creation Law, then the Kertalangu TPST must have an SDG concept, especially Village SDGs, guided by Village SDG number 3, environmental restoration efforts must be made based on UUPPLH and the Job Creation Law. and carrying out sustainable waste management based on SDG's principles as well as developing technology is very necessary in solving problems by comparing it with waste management in Singapore, namely processing smoke from combustion into electrical power and scarp metal which produces high economic value.
Concrete Form of Legal Protection Against Buyers in Good Faith in The Buy and Buy of Land Dwirama Wiguna, I Made Ananda; Bagiastra, I Nyoman
West Science Interdisciplinary Studies Vol. 2 No. 07 (2024): West Science Interdisciplinary Studies
Publisher : Westscience Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58812/wsis.v2i07.1056

Abstract

The principle of good faith receives less attention than other principles in civil law literature. This study aims to determine how buyers who buy and sell land in good faith are protected by the law. The normative legal research methods used in this study are utilized. One concrete form of legal protection for buyers who act in good faith is that if a judge decides that the buyer is a buyer who acts in good faith, he or she must also decide the status of the sale and purchase that has taken place. These are the findings of the research study that are the subject of the discussion. Is the sale and purchase object still the buyer's property, or does the sale and purchase status end and the buyer has to pay back the seller the money? Rather than having to file a lawsuit in court, which takes a considerable amount of time and cannot guarantee buyers' certainty of legal protection, this type of thing is certain to be sufficient to provide buyers in good faith with protection.
Analysis of Legal Protection for Unregistered Bamboo Woven Craft Businesses from a Copyright Perspective Justitio, Andrean Darven; Bagiastra, I Nyoman
West Science Interdisciplinary Studies Vol. 2 No. 08 (2024): West Science Interdisciplinary Studies
Publisher : Westscience Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58812/wsis.v2i08.1159

Abstract

This research aims to analyze how legal protection is given to bamboo woven craft businesses whose copyrights have not been registered from a copyright perspective. The problem in this research is related to the existence of a violation of rights committed by other parties who carry out acts of imitation or duplication of woven bamboo crafts in terms of motifs, designs and shapes made by the original owner which are duplicated or imitated by irresponsible parties with the aim of traded without the permission or knowledge of the creator, causing losses to the original creator of the woven bamboo craft. The aim of carrying out this research is to analyze the condition of legal protection for the bamboo woven craft business that occurs in Indonesia. The legal research method used is normative legal research which is carried out by identifying and studying statutory regulations related to Copyright in the issue of providing legal protection in the bamboo woven craft business sector. The approach method used is the legal approach (statue approach) in analyzing existing problems, then the data collected and obtained are processed using qualitative methods. The results of the research are then explained descriptively to provide an overview related to the research results obtained, namely that copyright for works of art and crafts whose copyright ownership has not been registered can still receive legal protection, this is because the copyright of a work attaches automatically to a work created by the creator as long as it has met the requirements as an original work and has been expressed in a concrete form, in which case it has been expressed as a work of woven bamboo craft. However, to obtain stronger legal recognition, bamboo woven works that are developed into bamboo woven craft businesses need to register the copyrighted work.
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.
Co-Authors A. A. Gede Raka Putra Adnyana Adhi Saputra, I Made Hendra Adi Putra, Salit Ngurah Bagus Anak Agung Ayu Agung Devi Anjani Jelantik Anak Agung Istri Ari Atu Dewi 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 Ardya Maharani, I Gusti Putu Aristya Putra, I Kadek Krisnandika Bagus Gede Ari Rama Bagus Putu Wisnu Mandala W Bagus Putu Wisnu Mandala Weisnawa Budhi Mahayana, I Gede Candra, I Gusti Ayu Agung Dwi Chiara, Ni Putu Ayu Mandalay Shasa Alba Dananjaya, Nyoman Adi Arya Putra Danyati, Ayu Putu Laksmi 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 Gita Lestari, Made Ayu Gunawan, Made Gerry 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 Ayu Widiadnyani 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 Nyoman Darmadha I Nyoman Gede Sugiartha I Nyoman Sudana I Putu Donny Laksmana Putra I Putu Raka Wijaya Putra I WAYAN BUDIASA I Wayan Gede Artawan Eka Putra I Wayan Novy Purwanto I Wayan Parsa I Wayan Putra Nugraha I Wayan Wardiman Dinata Ida Bagus Adhitya Prayoga D Ida Bagus Anindya Jaya Keniten 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 Kartika, I G A Putri Ketut Leona Trida Yuliani Kirana Wiguna, Ni Komang Cahya Komang Tri Sundari Dewi Komang Wahyuni Purnama Ningrum Krista, I Kadek Laksmi, Ida Ayu Dinda Lani Eka Kumala Dewi Luh Kurnia Dharma Pertiwi, Ni Luh Nyoman Alit Aryani, Luh Nyoman Alit Made Arie Wiedhayanti Made Dita Widyantari Made Ray Adityanata Made Sintya Wahyu Wulan Astari Madeni Apriliani, Ni Putu Eka Madia, Putu Bella Mania Mahendra Junior, Gde Putra Mahendra, I Wayan Agus MANGGALA, Ni Kadek Erika Marheni, Lily Muhammad Panji Mahardika Ni Kadek Ditha Angreni Ni Komang Apriani 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 Saputra, Komang Yoga Sastra Nugraha, I Made Aditya Selvi Marcellia Sri Deviani Putri, Ni Kadek Ayu Mega Suatra Putrawan sukmayasa, kadek Sukmayoga Wiweka, Gede Rhama 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 Yustiawan, Dewa Gede Pradnyana