Articles
Perlindungan Hukum Bagi Pihak Ketiga (Natuurlijke Persoon) Berkaitan Dengan Adanya Actio Pauliana Dalam Hukum Kepailitan
Asri, Ida Ayu Putu Purnam;
Budiartha, I Nyoman Putu;
Dinar, I Gusti Agung Ayu Gita Pritayanti
Jurnal Analogi Hukum 197-202
Publisher : Fakultas Hukum Universitas Warmadewa
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DOI: 10.22225/jah.6.2.2024.197-202
When a bankrupt debtor transfers assets to a third party, actio pauliana becomes the creditor's legal remedy to recover the assets. For good faith third parties, the application of actio pauliana in bankruptcy becomes a legal polemic. This happens because the transfer of all or part of the debtor's assets will be withdrawn through actio pauliana. So that the problem arises "1) How is the enforcement of Actio Pauliana in Indonesia? and 2) How is the legal protection of third parties (natuurlijke persoon) in bankruptcy law related to the existence of actio pauliana?" This research seeks to understand the application of actio pauliana in Indonesia as well as the legal protection provided to third parties related to the existence of actio pauliana in bankruptcy law. The research methodology in this field is normative law. The application of Actio Pauliana has legal consequences, namely the third party losing the property that has been purchased from the debtor and canceling all legal actions that are not mandatory for the debtor to do which are detrimental to his creditors. Related to legal protection for the rights of third parties (Natuurlijke Persoon) due to Actio Pauliana, namely third parties can appear as concurrent creditors.
ANALISIS YURIDIS TERHADAP KECAKAPAN BERTINDAK DALAM MELAKUKAN PERKAWINAN MENURUT HUKUM PERDATA
Sandra, Ayu Metta;
Budiartha, I Nyoman Putu;
Ujianti, Ni Made Puspasutari
Jurnal Analogi Hukum 273-278
Publisher : Fakultas Hukum Universitas Warmadewa
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DOI: 10.22225/jah.6.3.2024.273-278
Marriage is a contract that allows men and women to work together in accordance with their natural inclinations and creates a reciprocal relationship between rights and obligations. Based on this background, the criteria for selecting guardians for minors who are not subject to parental authority and the responsibility of guardians for the sale of the inheritance of children under their supervision are articulated as problems. This research uses normative legal research methodology. Normative legal research is the study of secondary sources of information in the field of law. that the state has defended the rights of children, especially with regard to inheritance. If one of the parents of a child dies when the child is still an adult, the child automatically takes on the role of guardian, including the authority to sell movable and immovable property belonging to the child with due regard to the law. Because the child is cared for by his or her own parents, the child's rights are protected and their future is secured because the longest living parent is still present and responsible.
Pencatatan Perkawinan Beda Agama Pasca Dikeluarkannya Surat Edaran Mahkamah Agung RI Nomor 2 Tahun 2023
Putri, Ni Putu Elisa Pebriyanti;
Budiartha, I Nyoman Putu;
Sutama, I Nyoman
Jurnal Analogi Hukum 364-369
Publisher : Fakultas Hukum Universitas Warmadewa
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DOI: 10.22225/jah.6.3.2024.364-369
Judging from the terms and conditions of its implementation, interfaith marriage combines two different sets of rules based on their respective religious laws. In the case of an application for marriage registration between people of different religions and beliefs, the judge must adhere to the instructions set out in the circular letter that has been issued. Because of the issuance of this circular letter, married couples with different beliefs are not allowed to register their marriages at the Population Office. Researching library sources is one of the methods in conducting legal research. Both statutory methods and conceptual analytical techniques are applied in this research. Samples were obtained, processed, and then examined. After using qualitative material processing procedures, the data was presented using descriptive analysis. Laws governing the union of individuals with different religious beliefs should be included in official policy, as the Human Rights and Marriage Laws have different requirements. Therefore, the government must also quickly harmonize the various regulations related to marriage.
TANGGUNG JAWAB WALI TERHADAP PENJUALAN HARTA WARISAN ANAK YANG BERADA DI BAWAH PERWALIAN (STUDI KASUS PENGADILAN NEGERI DENPASAR NOMOR 691/PDT.P/2020/PN DPS)
Paramitha, Dewa Ayu Cahyani;
Budiartha, I Nyoman Putu;
Dewi, Anak Agung Sagung Laksmi
Jurnal Analogi Hukum 279-286
Publisher : Fakultas Hukum Universitas Warmadewa
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DOI: 10.22225/jah.6.3.2024.279-286
Marriage is a contract that allows men and women to work together in accordance with their natural inclinations and creates a reciprocal relationship between rights and obligations. Based on this background, the criteria for selecting guardians for minors who are not subject to parental authority and the responsibility of guardians for the sale of the inheritance of children under their supervision are articulated as problems. This research uses normative legal research methodology. Normative legal research is the study of secondary sources of information in the field of law. that the state has defended the rights of children, especially with regard to inheritance. If one of the parents of a child dies when the child is still an adult, the child automatically takes on the role of guardian, including the authority to sell movable and immovable property belonging to the child with due regard to the law. Because the child is cared for by his or her own parents, the child's rights are protected and their future is secured because the longest living parent is still present and responsible.
Akibat Hukum Akta Wasiat (Testament Acte) Yang Tidak Didaftarkan Oleh Notaris Secara Elektronik Melalui Kementerian Hukum Dan Hak Asasi Manusia Republik Indonesia
Suryani, Ni Luh Putu Manik;
Budiartha, I Nyoman Putu;
Wesna, Putu Ayu Sriasih
Jurnal Analogi Hukum 350-355
Publisher : Fakultas Hukum Universitas Warmadewa
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DOI: 10.22225/jah.6.3.2024.350-355
A will or testament is a document that records a person's wishes regarding what they want to happen after death, and the document can be revoked by the maker in accordance with the provisions of Article 875 of the Civil Code. As a notary, his/her duty is to create an official document that has greater legal force than a document created without the signature of an authorized party. In creating a testament deed, a notary has specific responsibilities related to reporting the will as stipulated in Article 16 paragraph (1) letters i and j of UUJN-P. However, if a notary does not register a deed of testament, the consequence is the downgrading of the document's status to an underhand deed. This could potentially lead to the invalidation or invalidity of the document as evidence made by the notary. This research uses a normative method with a statutory approach and concludes that the non-registration and online reporting of a deed of testament to the Central Register of Testaments by a notary can result in the downgrading of its status to an underhand deed, threatening the validity of the document created by the notary.
Tanggung Jawab Warga Negara Asing Sebagai Penyewa Kendaraan Bermotor Atas Kerusakan Kendaraan Bermotor di Kabupaten Badung
Putri, Ni Kadek Iwantari;
Budiartha, I Nyoman Putu;
Sancaya, I Wayan Werasmana
Jurnal Analogi Hukum 344-349
Publisher : Fakultas Hukum Universitas Warmadewa
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DOI: 10.22225/jah.6.3.2024.344-349
The advancement of the tourism sector in Bali has caused many foreign tourists to want to visit Bali. The surge in the need for vehicles for traveling has led to motorcycle rentals in the Badung Regency area. This study attempts to find out the responsibility of foreign nationals in the event of damage to motorized vehicles and to find out how efforts are made to deal with damage to motorized vehicles in Badung Regency. The results of the study prove that the responsibility of the renter in the event of damage to the motor vehicle in a written or oral agreement. In the lease agreement that has been mutually agreed upon if there is damage to the tenant is obliged to compensate for the losses experienced. Both parties must pay more attention to the clauses of the agreement to be agreed upon, especially in the event of damage to the motorized vehicle, so that a written agreement is made and there is no more oral agreement. Not only that, the renter is expected to read and master the contents of the agreement, as a result there is no negligence that can lead to losses for the renting party or motorcycle rental.
Pertanggungjawaban Hukum Terhadap Pelaku Usaha Yang Menggunakan Bahan Kimia Melebihi Standar Dalam Produk Skincare
Pangalila, Janneta Angela;
Budiartha, I Nyoman Putu;
Dinar, I Gusti Agung Ayu Gita Pritayanti
Jurnal Analogi Hukum 323-329
Publisher : Fakultas Hukum Universitas Warmadewa
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DOI: 10.22225/jah.6.3.2024.323-329
The existence of skincare products as a necessity is in great demand by the public, but the existence of this online media problems can arise because they do not care about the ingredients in skincare products such as ingredients exceeding the standard, namely mercury can damage skin cells. The formulation of this problem, 1) How is the legal regulation of business actors who use chemicals exceeding standards in skincare products to avoid harm to consumers in Indonesia? and 2) How is legal responsibility for business actors who use chemicals exceeding standards in skincare products that harm consumers in Indonesia? This research uses normative legal research and doctrinal law as well as statutory and conceptual approaches. The conclusion of this study is that the legal regulation of Article 4 letter c, Article 7 letter a, d, Article 8 paragraph (1) of the GCPL Law, Article 196 of the Health Law and Article 8 of BPOM Regulation No. 17 of 2022. The legal responsibility is based on Article 19 of the GCPL. Suggestions to the government should better supervise the circulation of skincare products that use chemicals that exceed the standard because if more and more circulate, consumers will be harmed.
Penyelesaian Sengketa Tanah Warisan Melalui Mediasi Terhadap Kedudukan Anak Angkat Dalam Sistem Pewarisan di Bali (Studi Kasus Desa Adat Dalung)
Utama, Rai Dharma;
Budiartha, I Nyoman Putu;
Sudibya, Diah Gayatri
Jurnal Analogi Hukum 118-123
Publisher : Fakultas Hukum Universitas Warmadewa
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DOI: 10.22225/jah.7.1.2025.118-123
Inheritance land dispute is a problem that occurs due to the dissatisfaction of the heirs regarding the distribution of the inheritance inherited by the testator. This study is interesting to the following questions: 1) How to resolve inheritance disputes over the position of adopted children in the inheritance system in Bali? and 2) What are the causes of inheritance disputes in the inheritance system in Bali?. The purpose of the study is to understand the factors that cause the occurrence of Inherited Land Disputes, to find out the efforts to resolve Inherited Land Disputes Against the Position of Adopted Children ON the Inheritance System in Bali. This study uses an empirical legal research method by conducting direct research to Dalung Village, conducting interviews with informants at the location. The results of the study show that the factors that cause inheritance disputes in the inheritance system in Bali are that there are various parties who are dissatisfied with the distribution of inheritance, Dispute resolution efforts that can be carried out are through mediation, carried out by both parties to the dispute accompanied by kelian as a mediator
Peran Desa Adat Dalam Penanaman Modal Asing Di Provinsi Bali
Arnawa, Anak Agung Gede;
Budiartha, I Nyoman Putu;
Laksmi , Anak Agung Sagung
Jurnal Analogi Hukum 1-7
Publisher : Fakultas Hukum Universitas Warmadewa
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DOI: 10.22225/jah.7.1.2025.1-7
Indonesia is a country rich in customs and culture in each region and highly upholds the law based on the values of Pancasila and the 1945 Constitution. In human life, living independently is natural and cannot be denied. This fact can also be found in the life between countries (international interaction) mutual influence and interdependence of interests both economic, political defense and so forth is something essential. In this study there are two problem formulations including: 1) How is the position and function of indigenous villages towards foreign investment in Bali? 2) How is the legal regulation of indigenous villages against foreign investment? This research is a normative legal research based on laws and regulations and data obtained by the author on social media. The regulation of foreign investment in Indonesia is regulated based on Law No. 25 of 2007. This law contains a number of principles that underlie the formation of norms and rules contained in the articles of the Law.
Perlindungan Hukum Terhadap Pengguna Jasa Influencer Dalam Pemasaran Produk Barang Dan Jasa Untuk Membangun Sebuah Brand Melalui Promosi Di Media Sosial
Darmawan, Gede Agus;
Budiartha, I Nyoman Putu;
Sukadana, I Ketut
Jurnal Analogi Hukum 23-29
Publisher : Fakultas Hukum Universitas Warmadewa
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DOI: 10.22225/jah.7.1.2025.23-29
Businesses utilize social media to promote their products using influencers. The use of influencers, namely figures on social media who have a large number of followers. Business actors get endorsement offers. In the endorsement there is a cooperation agreement between the business actor and the influencer, which often occurs by default by the influencer. This research aims to analyze the form of protection for business actors in the event of default by influencers. The problems are 1) How is the legal regulation of promotional activities carried out by influencers as promotional media on social media? and 2) How is the legal protection of business actors in using influencer services in the event of default? The research uses normative legal studies with a statutory approach and conceptual approach. The legal materials used are primary and secondary materials. The technique of collecting legal materials uses the method of literature study (library research) and recording. Analysis of legal materials using descriptive analysis The results showed: regulation of influencers can be found in various laws, namely Law No. 8 of 1999 concerning Consumer Protection, Law No. 32 of 2002 concerning broadcasting, Law No. 19 of 2016 concerning ITE.