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Pelaksanaan Peraturan Daerah Provinsi Bali Nomor 3 Tahun 2018 Tentang Retribusi Jasa Usaha pada Objek Wisata Monumen Perjuangan Rakyat Bali
Pramesti, Ni Kadek Yunika;
Budiartha, I Nyoman Putu;
Suryani, Luh Putu
Jurnal Analogi Hukum 187-192
Publisher : Fakultas Hukum Universitas Warmadewa
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DOI: 10.22225/ah.4.2.2022.187-192
Where the government has more control and control over its territory, including the authority to regulate finances in carrying out obligations and functions such as development activities and services. authority. including the authority to regulate finances in carrying out their duties and functions. The purpose of this study was to determine the effectiveness of the enactment of local regulations on the Bali People's Struggle Monument tourism to increase regional income and to find out the obstacles in its implementation. This study uses empirical legal research methods with a sociological approach. The results of this study indicate that the contribution of the levy on the Bali People's Struggle Monument to the Bali Province's original revenue is relatively small. Obstacles in implementing the Bali Provincial Regulation Number 3 of 2018 concerning Business Service Retribution are divided into two, namely external constraints such as lack of awareness of mandatory levies in paying user fees and internal constraints such as the lack of human resources and lack of funds for monument maintenance. Several forms of efforts were made to overcome the obstacles, namely by providing socialisation to the retribution obligors about the importance of carrying out the obligation to pay retribution.
Tanggung Jawab Penyedia Jasa Fast Boat terhadap Konsumen Saat Terjadi Kecelakaan di Desa Kusamba Kabupaten Klungkung (Studi Pada PT. Sekarjaya)
Indrabuana, Kadek Rizky Aditya;
Budiartha, I Nyoman Putu;
Suryani, Luh Putu
Jurnal Analogi Hukum 198-203
Publisher : Fakultas Hukum Universitas Warmadewa
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DOI: 10.22225/ah.4.2.2022.198-203
The background writing this thesis responsibility of fast boat providers to consumers when an accident occurs. Given the importance of the role of transportation, especially sea transportation, activities related to sea transportation need regulated by the state, sea transportation activities can be carried out in an orderly manner and protect interests of the parties involved. However, sea transportation is not always available properly, because not rule out the possibility of things that are detrimental to the users of sea transportation. Based on this, the problem this thesis is how fast boat are responsible for consumers are harmed in the event of accident and how implement fulfillment of compensation for passengers in an accident at PT. Sekar Jaya. The research method used is empirical legal research. The results showed the responsibility of the carrier an accident occurs, PT Sekar Jaya as a shipping company is responsible for maintaining the safety, and responsible replacing losses arising from accidents. The implementation fulfillment of compensation for passengers have accident can come directly to PT Jasa Raharja to claim compensation by filling out the compensation application form provided PT Jasa Raharja attaching a description of the accident, health information from doctors, hospitals and personal identification.
Efektivitas Pelaksanaan Peraturan Menteri Dalam Negeri Nomor 15 Tahun 2021 Tentang Pemberlakuan Pembatasan Kegiatan Masyarakat Darurat Covid-19 di Dinas Perhubungan, Kelautan dan Perikanan Kabupaten Jembrana
Yudiansari, Ni Komang Sutha;
Budiartha, I Nyoman Putu;
Arini, Desak Gde Dwi
Jurnal Analogi Hukum 162-166
Publisher : Fakultas Hukum Universitas Warmadewa
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DOI: 10.22225/ah.4.2.2022.162-166
Jembrana is a district located at the West end of the island of Bali. The job of the Transportation Office is to conduct transportation or transportation policies in Jembrana Regency. Soaring cases of the Covid-19 pandemic led the government to issue the Ministry of Home Affairs regulation No. 15 of 2021 so it is mandatory to implement restrictions on people's activities. The formulation of the problem discussed is: What is the effectiveness of the implementation of Ordinance No. 15 of 2021 on Enforcement of Restrictions on Covid-19 Emergency Community Activities at Jembrana District Transportation, Oceans and Fisheries Office? And How is the government's policy on regulating land travel transportation during the period of the enforcement of the Covid-19 Emergency Community Activity Restriction in Jembrana District Transportation, Oceans and Fisheries Office. This research method uses empirical research types. The effectiveness of implementing the Enforcement of Restrictions on Community Activities has been in accordance with the Ministry of Home Affairs Regulation No. 15 of 2021 that applies to the Transportation Office and Jembrana Regency areas. The government's policy of regulating land-travel transportation is to initialize passengers and compulsory PCR tests and vaccinations.
Perjanjian Kerja Sama Program Gerakan Sekolah Menulis Buku Nasional
Putra, I Wayan Yudi Antara;
Budiartha, I Nyoman Putu;
Ujianti, Ni Made Puspasutari
Jurnal Analogi Hukum 209-214
Publisher : Fakultas Hukum Universitas Warmadewa
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DOI: 10.22225/ah.4.2.2022.209-214
In the implementation of economic development, the economy has an important role and importance as a supporting factor for the success of national development, and maintaining cooperation in efforts to expand the scale of economic development is the most important asset. With the background of the above problems, some questions can be considered as follows: Characteristics of a Cooperation Agreement How the school movement program wrote a national book between PT Nyala Masa Depan Indonesia and SMP Negeri 1 Denpasar, and what if there was a Cooperation Agreement between PT Nyala Masa Depan Indonesia and SMP Negeri 1 Denpasar A school movement program has been established to write books nationally. The method used is a normative legal search using primary and secondary legal sources. The results of this survey state: The characteristics of the cooperation agreement between PTs. Indonesian Future Light and SMP Negeri 1 Denpasar use a standard agreement. The contract model is in the form of a written contract. The failure of the cooperation agreement between PT. Nyala Masa Depan and SMP Negeri 1 Denpasar are carried out through non-procedural processes and processes. Of the two options exercised by the disputing parties, there is non-jurisdiction (arbitration).
Kajian Yuridis Terkait Penentuan Besar Upah Pekerja Berdasarkan Pasal 88 C Undang-Undang Nomor 11 Tahun 2020 Tentang Cipta Kerja
Wiswamitra, Ida Bagus Gede;
Budiartha, I Nyoman Putu;
Utama, I Wayan Kartika Jaya
Jurnal Analogi Hukum 232-237
Publisher : Fakultas Hukum Universitas Warmadewa
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DOI: 10.22225/ah.4.3.2022.232-237
The problem of manpower or labors is an typicals problems that we headr for develop country, included Indonesia. One of those problems is terminations of employment by the company. Based on the descriptions of the text above, author can formulates two problems that will be discuss in this paper. The problems formulations at this research are: How the Wage System in Law Number 11 of 2020 concerned occupation Creations? And how determination of the workers' wages based on Article 88 C of Law Number 11 of 2020 concerning Job Creation? The types of researches used is normative legal research, that are legal research conducted by researching library materials. The conclusion in this study is that the Government changed the wage provisions in Law No. 11 of 2020 concerning Job Creation. These changes include the abolition of the district/city minimums wage (UMK) and the sector-based minimum wage in the province or district/city. The Employment Creation Act changes the policy regarding the wages of workers which was previously regulated by the Manpower Act.
Peralihan Hak Atas Harta Warisan Kepada Ahli Waris yang Dikuasai Secara Sepihak oleh Keluarga Pewaris
Shicilya, Wanda;
Budiartha, I Nyoman Putu;
Sudihya, Diah Gayatri
Jurnal Analogi Hukum 299-304
Publisher : Fakultas Hukum Universitas Warmadewa
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DOI: 10.22225/ah.4.3.2022.299-304
Indonesia has an inheritance system consisting of inheritance elements, which include heirs, heirs and inheritance. Inheritance in Indonesia is regulated in civil law, customary law and Islamic law depending on where the inheritance system is used based on the area of residence of the person concerned. However, in reality the inheritance system is sometimes not followed or implemented by the community, therefore many problems arise related to the inheritance. The method used in this research is empirical. With the aim of knowing the factors that underlie the control of inheritance by the family and aims to provide options that can be used for people who have an inheritance dispute to choose the process they want to take to resolve inheritance problems, which process is like the settlement process. through outside the judicial route which will produce a win-win solution, but if the outside-judicial route cannot be resolved, then you can use the judicial route which will produce a win-lose solution. It is hoped that the heirs and families can choose a good settlement process and not damage family relations.
Akibat Hukum Perjanjian Pemberian Hibah Tanah Kepada Anak Angkat yang Dibuat Dihadapan Pejabat Pembuat Akta Tanah (PPAT) Menurut Kuh Perdata
Nursandi, N;
Budiartha, I Nyoman Putu;
Astiti, Ni Gusti Ketut Sri
Jurnal Analogi Hukum 271-276
Publisher : Fakultas Hukum Universitas Warmadewa
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DOI: 10.22225/ah.4.3.2022.271-276
A grant as one of the delivery or levering of an item for free to another person, with consequences without being able to withdraw it which is intended for the benefit of the grantee is one of the legal actions that are quite common in legal subjects in private law traffic. The Civil Code has not explicitly regulated the prerequisites for adopted children as subjects in grants. The problems of this research are: 1. How is the arrangement of granting land to adopted children in the legal regulations in Indonesia; 2. What are the legal consequences arising from the agreement on granting land to adopted children made before the Land Deed Maker Official according to the Civil Code. The results of the study show that the Civil Code stipulates that legal subjects who can carry out land grants are all people who are adults and are capable of carrying out legal actions. The legal consequence of the agreement to grant land grants before PPAT to adopted children who are adults and legally capable is the transfer of ownership rights to the land object of the grant to the adopted children as grantees, where the agreement binds both parties with the PPAT grant deed registered with the National Land Agency.
Perlindungan Hukum Terhadap Waria dari Perlakuan Diskriminatif
Sicaya, Kadek Vegas Ananta;
Budiartha, I Nyoman Putu;
Widiati, Ida Ayu Putu
Jurnal Analogi Hukum 288-292
Publisher : Fakultas Hukum Universitas Warmadewa
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DOI: 10.22225/ah.4.3.2022.288-292
Human rights laws and policies have been made for a long time but the implementation of policies for shemales seems different from ordinary citizens even though they are still Indonesian citizens and have the same rights as citizens. shemale also deserves to be protected by legal protection from acts of violence, harassment, public anarchy, and discrimination and to be treated like other Indonesian citizens by giving them their human rights. The formulation of the problem in this study is: 1) What is the legal protection for transgender women from discriminatory treatment? 2) What are the government's efforts in providing non-discriminatory legal protection for shemale? The research method used is normative law research with a statutory approach. The results of the study show that shemale in Indonesia are still often subject to discrimination such as ridicule, social discrimination, legal discrimination, insults, physical violence to sexual harassment. Getting legal protection is the right of all citizens. Preventive and repressive legal protection provided by law enforcement officials for all citizens is no exception. In order to provide a sense of security, both mentally and physically from interference and various threats from any party.
Kajian Yuridis Waralaba Dalam Persfektif Hak Kekayaan Intelektual
Putra, I Kadek Agus Arnawa Pariwesa;
Budiartha, I Nyoman Putu;
Ujianti, Ni Made Puspasutari
Jurnal Analogi Hukum 305-310
Publisher : Fakultas Hukum Universitas Warmadewa
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DOI: 10.22225/ah.4.3.2022.305-310
Along with the development of the era of globalization, it also has an impact on the development of business concepts. One of them is the franchise system, which has recently become the center of attention as a form of business development breakthrough. The formulation of the problem is: how is the validity and legal force of the franchise agreement? And how are the legal consequences of franchise agreements related to IPR? The type of research is normative legal research and a statutory and conceptual approach to problems. The validity and legal force of the franchise agreement where the Civil Code adheres to the principle of consensualism, meaning that an agreement must be considered born at the time of reaching an agreement between the two parties. The franchise agreement begins to bind the parties and acts as law for those who make it, starting from the date the parties' agreement is reached and the agreement they make has the same legal force. The legal consequence of a franchise agreement related to IPR is the signing of a franchise agreement that has regulated IPR in it, the franchisor is obliged to give exclusive rights to the franchisee, and the franchisee can use the name and management system of the franchisor in a location, for an agreed period of time. The franchisor is obliged to maintain the benefits of the intellectual property rights and pay fees to the franchisor for the benefits of the intellectual property rights used. In the event that one of the parties in the agreement does not implement it, the other party in the agreement has the right to impose its implementation through the applicable legal mechanisms and channels. And if the consumer is not satisfied with the results, they can file a complaint with the franchisor.
Tinjauan Yuridis Proses Perekrutan Dan Pemilihan Calon Anggota Komisioner Komisi Pemberantasan Tindak Pidana Korupsi (KPK)
Astika, I Nyoman Yudhi;
Budiartha, I Nyoman Putu;
Widyantara, I Made Minggu
Jurnal Analogi Hukum 322-327
Publisher : Fakultas Hukum Universitas Warmadewa
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DOI: 10.22225/ah.4.3.2022.322-327
KPK commissioners are appointed through a recruitment process involving the executive (President) and the legislature (DPR). The mechanism for selecting KPK candidates tends to be political. Furthermore, the following issues will be discussed: (1) how is the recruitment system for KPK members, (2) how is the selection process for the leadership of the corruption eradication commission (KPK) according to Law Number 19 of 2019 concerning the Corruption Eradication Commission. The type of research used in the thesis is normative research. The sources of legal materials used are Primary Legal Materials, Secondary Legal Materials, Tertiary Legal Materials. Techniques for obtaining legal materials used are document studies, literature studies, internet studies. Analysis of legal materials used is descriptive data analysis method. And the conclusion of the thesis is the Corruption Eradication Commission Member Recruitment System In the Corruption Eradication Commission Law, the appointment of KPK commissioners goes through several stages of the recruitment process which is carried out with a technical selection approach. The level of selection of the commissioners of the Corruption Eradication Commission based on the NRI Law No. 19/2019 regarding the Corruption Eradication Commission.