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All Journal Pembaharuan Hukum International Journal of Community Service Learning Journal Equity of Law and Governance Jurnal Impresi Indonesia Jurnal Konstruksi Hukum Jurnal Interpretasi Hukum Jurnal Preferensi Hukum (JPH) Law Doctoral Community Service Journal Journal of Law, Poliitic and Humanities Journal of Artificial Intelligence and Digital Business Journal of Political And Legal Sovereignty Al-Zayn: Jurnal Ilmu Sosial & Hukum Jurnal As-Syar’i: Jurnal Bimbingan & Konseling Keluarga International Journal of Sociology and Law
I Nyoman Putu Budiartha
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Religion Humanities Computer Science & IT Economics, Econometrics & Finance Education Electrical & Electronics Engineering Engineering Environmental Science Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Social Sciences

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Perlindungan Hukum terhadap Konsumen yang Dirugikan atas Tidak Terteranya Informasi Kandungan Non Halal dalam Produk Makanan yang Diimport Gede Mahesa Priyambada Kusuma; I Nyoman Putu Budiartha; Diah Gayatri Sudibya
Jurnal Interpretasi Hukum Vol. 3 No. 2 (2022): Jurnal Interpretasi Hukum
Publisher : Fakultas Hukum, Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/juinhum.3.2.5062.263-268

Abstract

Most of the Indonesian people adhere to the Islamic religion which must get a sense of security regarding products/goods that do not contain content that is not allowed in their religion. This trust arises when the entrepreneur holds a halal certification which can be seen by the buyer on the packaging label after being registered. This study aims to analyze and describe the legal protection for consumers who are harmed by the absence of information on non-halal content in imported food products. This study uses a normative legal approach, the data comes from legal materials and literature. The results of the study indicate that one form of legal protection for the people of Indonesia is contained in Law no. 8 of 1999 concerning Consumer Protection which includes protection of goods and/or services. The form of responsibility of business actors to provide compensation is regulated in Articles 19 to 28 of the UUPK.
Pertimbangan Hakim dalam Penilaian Alat Bukti Surat pada Perkara Penetapan Ahli Waris Ni Made Sinthya Kusuma Arisanthi; I Nyoman Putu Budiartha; I Nyoman Gede Sugiartha
Jurnal Preferensi Hukum Vol. 2 No. 1 (2021): Jurnal Preferensi Hukum
Publisher : Warmadewa Press

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Abstract

In Heritance is everything in the form of treasure relics left by the heir to the beneficiary, which is that this inheritance can be moving objects and the objects do not move or be rights and obligations. Lately very many disputes arising in consequence in the dividing of the inheritance, which, between the rights and obligations of the unbalanced or in the dividing of the inheritance that is not in accordance with the wishes of the heirs. The dividing of inheritance should be using wills avoiding disputes among the heirs, the absence of a will the heir must prove with evidence of tools that have been specified in the law. One tool evidence supports a very authentic and has the power of proof most perfect IE tool written evidence or mail. From the background of the above, the authors take the title Considerations in the Assessment of the Evidence the Judge a Letter in the Case of Determination of Heirs. In this study, used normative research, so that it can be formulated as follows: the issue of whether the evidence of a letter submitted by the applicant was the beneficiary designation in accordance with the law of civil liability, as well as how the Tribunal judges considering the evidence a letter to grant the petition for dermination of the heirs, from the formulation of the problem can be explored regarding the evidence of tools able to convince at the same time as the consideration of judges in disconnected things of the expert determination the heir. The goals of this research are: to know the strength of the evidence of a letter in the system of succession in Indonesia, as well as to know the legal reasoning used by the judge as the consideration.
Perlindungan Hukum Bagi Kreditur dalam Hal Terjadi Wanprestasi pada Program Kredit Angsuran Sistem Fidusia di PT Pegadaian Cabang Denpasar Putu Berliana Prema Swari; I Nyoman Putu Budiartha; Desak Gde Dwi Arini
Jurnal Preferensi Hukum Vol. 3 No. 2 (2022): Jurnal Preferensi Hukum
Publisher : Warmadewa Press

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Abstract

This study aims to analyze and describe the process of providing credit with a creative program and a form of legal protection if the debtor defaults on the creation program at PT Pegadaian Denpasar. Pegadaian was born as the foundation of the high-quality will of the ruler of a country to help many people who need funding solutions. One of the results of PT Pegadaian is creation, the result is a pawn system which is also intended for all of the lenders, both for consumptive and productive needs. The type of research used in this research is empirical legal research. Based on the results of the study, it can be seen that the high rate of default in 2021 occurred at PT Pegadaian Denpasar branch of 205 customers who defaulted as many as 69 people or 33.69%. This has legal implications. Meanwhile, legal protection for creditors refers to the Civil Code, legal protection for parties who have debts in credit agreements and fiduciary dependents very needed to think that the object made mortgage is on the side of the debtor.
Environment Law-Based Rural Tourism Regulations in Bali I Nyoman Putu Budiartha; I Nyoman Gede Sugiartha; A.A. Sagung Laksmi Dewi
Journal Equity of Law and Governance Vol. 2 No. 1
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/elg.2.1.4158.1-8

Abstract

An environmental management made for the purpose of obtaining clean and healthy atmosphere is a human right of every Indonesian citizen as mandated in Article 28H of the 1945 Constitution of the Republic of Indonesia. Poor environmental management contributes to the deterioration of the quality of the environment. Therefore, it is necessary to increase its protection and management. Managing the environment for the benefit of rural tourism development is the responsibility of community members who are business actors and the government. The function of the government together with business actors and the community in preserving the environment is a function of public services to ensure that every resident obtains a good and healthy environment. Thus, in the event that business actors or the public fail to carry out their obligations and which are not in accordance with the nature of environmental conservation, the government may hold the business actors and the public accountable, who in carrying out their activities, are negligent in preserving the environment, either administratively, civilly or criminally. Likewise, in the event that the government is proven to have taken actions that are not in line with the provisions of the law on environmental protection and management, they can be held legally liable. This study is qualified as empirical legal research, with the application of several types of approaches, such as a field-based approach, a statutory approach, a conceptual approach, a comparative approach, a case approach, and a cultural approach based on local community wisdom. The results of the study show that environmental management is an effort to carry out responsibilities that are massively difficult, resulting in a decrease in the quality of the environment that is becoming increasingly real. Therefore, in the event that pollution and environmental destruction occur, the perpetrators can be held accountable both in civil law and criminal law. However, in a context like Bali, regulations integrating the values ​​that develop in society in protecting and preserving the environment are an ideal form to protect and manage the environment in a rational way to realize sustainable tourism development.
Perlindungan Hukum Merek Terkenal Terkait dengan Persaingan Usaha Tidak Sehat A.A. Ngurah Bagus Bayu Prasetia; I Nyoman Putu Budiartha; Ni Made Puspa Sutari Ujianti
Jurnal Konstruksi Hukum Vol. 1 No. 1 (2020): Jurnal Konstruksi Hukum
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/jkh.1.1.2122.13-18

Abstract

With the current development, there are many well-known brands circulating in the market all over Indonesia, especially the ones that are deliberately counterfeited by business actors violating existing regulations for profit. The circulation of a well-known brand that is widely fabricated has spread to all levels of society. With the existence of various well-known brands, there will be a negative impact, such as the emergence of brand violations which is a form of unfair business competition. This study examines the regulation towards the well-known brands in Indonesia and the legal protection for well-known brands in relation to unfair business competition in Indonesia. To achieve these goals, this study was conducted using normative legal research method. Initially, the regulation of the famous brands is regulated in the Paris Convention for the Protection of Industrial Property (Paris Convention) and the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS Agreement). At this time, Indonesia has made its own regulations regarding Famous Marks and most recently the Regulations regarding famous marks are regulated in Law Number 20 of 2016 concerning Trademarks and Geographical Indications. Preventive legal protection aims to provide a legal umbrella for entrepreneurs who have well-known brands to anticipate violations. Repressive legal protection provides the final legal umbrella for imposing sanctions on business actors who deliberately copy the famous brands that have been registered in Indonesia. Civil and criminal remedies are given when a dispute has occurred or a violation has been committed. The government should conduct socialization regarding the forms of violations. Entrepreneurs should be more creative and advertise their own brands more so that people can get clear information about well-known brands, both genuine and the counterfeited.
Perlindungan Hukum terhadap Konsumen yang Mengkonsumsi Daging Ayam Tidak Layak Jual di Pasar Badung – Bali Adinikum Keba Tunggu; I Nyoman Putu Budiartha; Ni Made Sukariyati Karma
Jurnal Konstruksi Hukum Vol. 1 No. 1 (2020): Jurnal Konstruksi Hukum
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/jkh.1.1.2123.214-219

Abstract

Consumer protection is a legal instrument created to protect and fulfill the rights of consumers according to the correct procedures. However according to existing problems in the field resulting in losses for consumers. In this case business actors often commit fraud in order to obtain maximum profit or actions taken by business actors it is only in their interests to enrich themselves even though such actions are clearly violated by legislators. In law number 8 of 1999 concerning consumer protection in article 1 paragraph 2 consumers are every person using goods and / or services available in the community both for self family other people and other living things and not for trade. This study aims to find out 1. How is the legal protection for consumers who consume chicken meat not worth selling at Badung Market. 2. What is the effort made by the Food and Drug Supervisor (BPOM) when the sale of chicken meat is not suitable for consumption? To answer the above researchers then use Empirical Method by collecting interview data then it is processed and analyzed into works of faith. And researchers identify legal issues and answer. Other legal symptoms in the literature.
Pengawasan terhadap Transaksi Bisnis E-Commerce dalam Mewujudkan Perlindungan Konsumen Anak Agung Made Ayu Rai Lidya Astari; I Nyoman Putu Budiartha; Ni Made Puspasutari Ujianti
Jurnal Konstruksi Hukum Vol. 1 No. 1 (2020): Jurnal Konstruksi Hukum
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/jkh.1.1.2126.38-43

Abstract

E-commerce is a buying and selling activity carried out via the internet with electronic media. Based on this, two problems were raised as follows: 1). What are the aspects of consumer protection against electronic business transactions, 2). How to regulate the control of electronic business transactions in ensuring the implementation of consumer rights. The research method used in the preparation of this research is normative with a statutory approach and a conceptual approach, namely analyzing the problems to be discussed through legal concepts taken from several books and literature that have relevance to the problem. The data sources used are primary data, namely through statutory regulations, secondary data, namely using legal theory and experts, and tertiary data, namely related to legal dictionaries and encyclopedias. The technique of collecting data is through the method of recording legal materials and collecting references used. The data analysis used systematic legal interpretation and legal argumentation based on deductive logic. However, all the benefits that are offered, there is a concern about the responsibility of online companies to online consumers considering so many online companies. The Trade Law and the Consumer Protection Act are the basis for trading in online trading and / or in conventional trading. In this case the need for supervision in order to improve harmony in each application. The results showed that the aspect of protection was carried out by defending the rights of consumers against the disturbance of other parties. In order to increase awareness, knowledge, concern and independence of consumers, especially in choosing, determining and demanding their rights as consumers. There are several principles in consumer protection, namely the principle of benefit, the principle of justice, the principle of security and safety, the principle of balance, the principle of legal certainty.
Sanksi Hukum terhadap Pelanggaran Hak Cipta yang Dilakukan oleh Perusahaan Karaoke Bayu Kusuma Permana Putra; I Nyoman Putu Budiartha; I Ketut Sukadana
Jurnal Konstruksi Hukum Vol. 1 No. 1 (2020): Jurnal Konstruksi Hukum
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/jkh.1.1.2131.68-72

Abstract

Copyright protection, especially for making music or songs, is a serious problem because there are so many pirated music or songs in Indonesia. Royalties must be given to the person who creates or owns the work because other parties use the work for sale. However, sometimes entrepreneurs who use the work of other people in their business do not make or are negligent in paying royalties which can cause harm to the copyright holder. The purpose of this study is to determine the royalty arrangements for song copyright holders in karaoke companies and to find out legal sanctions against karaoke companies that do not provide royalties to copyright holders. This research is a normative legal research with a statutory approach and a case approach. The type of data used comes from primary legal materials and secondary legal materials then analyzed by deductive-deductive logic. The results of the research show that in Law Number 28 of 2014 concerning Copyright Everyone who without rights and or without the author's permission or copyright holder violates the creator's economic rights as referred to in Article 9 paragraph (1) letter a, letter b, letter e, and / or letter g for Commercial Use, shall be punished with imprisonment of up to 4 (four) years and / or a maximum fine of Rp. 1000,000,000.00 (One Billion Rupiah).
Implementasi Undang-Undang Nomor 24 Tahun 2011 Tentang Badan Penyelenggaraan Jaminan Sosial pada PT. Horiko Abadi Kabupaten Buleleng Gede Oscar Geovani; I Nyoman Putu Budiartha; Putu Ayu Sriasih Wesna
Jurnal Konstruksi Hukum Vol. 1 No. 1 (2020): Jurnal Konstruksi Hukum
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/jkh.1.1.2144.125-129

Abstract

Social security provides protection for workers in the socio-economic risks that befall workers in carrying out their work in the form of work accidents, illness, old age, or death. This thesis discusses the implementation of Law Number 24 of 2011 concerning the Social Security Administration at PT. Horiko Abadi, Buleleng Regency. Based on the description above, this study aims to determine the application of Law Number 24 of 2011 concerning the Social Security Administration at PT. Horiko Abadi, Buleleng Regency 2 legal sanctions against the company in the event of a violation of the provisions of the social security program. The research method used is the empirical juridical method. The location of this research was conducted at PT. Horiko Abadi, Buleleng Regency, a company engaged in the breeding of shellfish and pearl cultivation. Based on the research results, PT. Horiko Abadi has implemented social security protection for all permanent employees in the company in accordance with the provisions of Law Number 24 of 2011 concerning Social Security Administering Bodies, and sanctions for companies that have not implemented the provisions of Law Number 24 of 2011 Regarding the Social Security Administering Body, it is still in the guidance or warning stage until the company concerned can carry out the provisions of the legislation.
Implementasi Prinsip Kehati-Hatian (Prudential) dalam Pemberian Kredit Pembiayaan Konsumen Pada PT. Clipan Finance Indonesia Tbk. I Gede Agus Putrayasa; I Nyoman Putu Budiartha; Desak Gede Dwi Arini
Jurnal Konstruksi Hukum Vol. 1 No. 1 (2020): Jurnal Konstruksi Hukum
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/jkh.1.1.2147.145-151

Abstract

Indonesia is a developing country, in the last decade it has progressed quite rapidly, even though this progress was marked by difficult times because it had just emerged from a prolonged economic crisis. The purpose of this study is to determine how the implementation of the principle of prudence (prudential) in providing consumer financing credit at PT. Clipan Finance Indonesia Tbk. And what actions are PT. Clipan Finance Indonesia Tbk. if there is a delay in installment payments by consumers, causing bad credit. The research method used in this research is empirically by looking for information at PT. Clipan Finance Indonesia Tbk. Through interviews with the addition of related literature, which is then processed descriptively qualitatively. Data collection techniques using primary data sources (interviews) and secondary data sources (literature). The results showed the implementation of the prudential principle in providing consumer financing credit at PT. Clipan Finance Indonesia Tbk. is to apply the five of credit or 5 Cs, namely character, capacity, capital, collateral, and conditions of economy, in which the application of these principles applies two methods by combining consideration and empirical methods. This method fully emphasizes the credit analyst's analytical expertise. After receiving consideration, the credit analyst prepares a standard amount of evaluation value according to the considerations above to pass or reject a credit request. Actions taken by PT. Clipan Finance Indonesia Tbk. if there is a delay in installment payments which causes problem / bad credit is PT. Clipan Finance Indonesia Tbk. will give warning letters from I to III with certain stages, after these stages are unsuccessful PT. Clipan Finance Indonesia Tbk. negotiate with consumers and find the best solution.
Co-Authors A.A. Ngurah Bagus Bayu Prasetia A.A. Sagung Laksmi Dewi A.A. Sagung Laksmi Dewi Adhi Wibisana, Anak Agung Ngurah Adinikum Keba Tunggu Agung Istri Altia Dwi Widaswari Agus Antara Putra Anak Agung Ayu Rai Agung Rene Dhariswari Anak Agung Bagus Yoga Pramana Anak Agung Dita Intan Pertiwi Anak Agung Gede Meditriana Putra Anak Agung Made Ayu Rai Lidya Astari ANJANI, Mey Antara, I Wayan Wesna Arini, Desak Gde Dwi Bayu Kusuma Permana Putra Cecillia Ayu Triwulandari Suhartono Darma Budi Setiawan Denisya, Ni Putu Desak Gde Dwi Arini Desak Gede Dwi Arini Desi Purnani Dewi, A.A Sagung Laksmi Dewi, A.A. Sagung Laksmi Diah Gayatri Sudibya Djelantik, IGN. Supartha Dynna Madina Karuniawan Efraim Mbomba Reda Fatikhah Kismilarsih Gede Agung Wirawan Nusantara Gede Mahesa Priyambada Kusuma Gede Oscar Geovani Hartini Sarifan Hartini Saripan I Dewa Putu Andre Wiratama I Gede Agus Putrayasa I Gede Nyoman Aditya Riana Triputra I Gede Wardana Oka Sastra Wiguna I Gusti Agung Ayu Gita Pritayanti Dinar I Gusti Bagus Suryawan I Gusti Made Ngurah Bagus Andre Wedananta I Gusti Ngurah Agung Krisna Dwipayana Pradnyan I Gusti Ngurah Muliarta I Kadek Adi Payana I Ketut Sukadana I Made Aditya Mantara Putra I Made Dwiki Yolanda I Made Maswinartha I Made Minggu Widyantara I Made Minggu Widyantara I Made Panji Ambara Putra I Made Rimawan I Made Sandi Cahyadi I Nyoman Alit Puspadma I Nyoman Bangkit Sugiarta I Nyoman Gede Sugiartha I Nyoman Gede Sugiartha I Nyoman Gede Sugiartha I Nyoman Srimurti I Nyoman Subamia I Putu Aldi Wiryatama I Putu Dicky Suryantha I Putu Gede Seputra I Putu Haris Parwita I Wayan Gde Wiryawan I Wayan Gede Purnayasa Wijaya I Wayan Gede Swecana I Wayan Kartika Jaya Utama I Wayan Suka Wirawan I Wayan Wesna Astara Ida Ayu Chandra Cintiadewi IGN. Supartha Djelantik Indah Permatasari Johannes Ibrahim Kosasih Kadek Apriliani Karma, Ni Made Sukaryati Kaze, Kadek Bramanta Rudi Luh Made Mahendrawati Luh Putu Sudini Made Danang Mahendra Gama Made Dharma Laksana Swastika Made Gama Sasmitha Made Setiasa Mahaputra, I.B. Gd. Agustya Maharani, Ni Putu Desya Mandasari, IA Cynthia Saisaria Nengah Renaya Ni Gusti Ketut Sri Astiti Ni Kadek Mirayati Ni Kadek Sofia Arianti Ni Komang Arini Styawati Ni Komang Wulan Prayatni Kana Ni Luh Kadek Dwi Fenny Febriyanti Ni Luh Made Mahendrawati Ni Luh Putu Ayu Cahyani Ni Luh Supadmi Ni Made Puspa Sutari Ujianti Ni Made Puspasutari Ujianti Ni Made Puspautari Ujianti Ni Made Sinthya Kusuma Arisanthi Ni Made Sintia Tarisa Ni Made Spasutari Ujianti Ni Made Sukariyati Karma Ni Made Yuli Ratna Dewi Ni Made Yunika Andrini Ni Nyoman Alit Meilinda Suasthi Ni Putu Dea Oktaviani Dewi Pande Gede Gita Putra Nugraha Pande Gede Mantra Artha Wicaksana Permatasari, Made Intan Philipus Dian Anjaraka Prastika, Kadek Septian Dharmawan Putu Ayu Candradiva Saraswati Putu Ayu Sriasih Wesna Putu Bagus Gandiwa Dhanandjaya Putu Berliana Prema Swari Putu Chandra Arta Dharma Putu Rahayu Purnamasari Putu Sintya Pratiwi Manikashanti Putu Suryani . R.A. Nanik Priatini Rafizah Abu Hassan Ratih Cahya Pramitasari Renaya, Nengah Ryan Soma Siti Aishah Siti Hafsyah Idris Styawati, Ni Komang Arini Sugiartha, I Nyoman Gede Swadesi, Made Isma Amanda Ujianti, Ni Made Puspasutari Ulil Azmi Zare Tanda Victoria Bellanique Solang Widiati, Ida Ayu Putu Wikrama, A.A. Gede Agung Andika Wisnumurti, Anak Agung Gede Oka