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All Journal Pembaharuan Hukum International Journal of Community Service Learning Journal Equity of Law and Governance 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 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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Pembagian Harta Tak Bergerak Akibat Perceraian Berdasarkan Putusan Nomor 149/Pdt.G/2017/Pn Tabanan Agung Istri Altia Dwi Widaswari; I Nyoman Putu Budiartha; I Made Minggu Widyantara
Jurnal Konstruksi Hukum Vol. 3 No. 1 (2022): Jurnal Konstruksi Hukum
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/jkh.3.1.4234.51-56

Abstract

The law of husband and wife wealth due to divorce is joint property and must be divided by 50% for husband and wife. Equitable distribution of shared assets, a dispute will arise between the two. If the joint property is in the form of immovable objects, the parties maintain their share rights without anyone intending to relinquish their rights to be sold to other parties, then how to resolve it. The formulation of the problem is 1. How is the distribution of property in the form of immovable objects after divorce without a marriage agreement? 2. What is the judge's consideration in the distribution of immovable property after divorce without a marriage agreement? The research method used is normative legal research. The results of the discussion of the distribution of assets after divorce in the absence of a marriage agreement can be carried out by mediation or through the court. Regarding the distribution of assets in decision Number 149/Pdt.G/2017, it is following the evidence, facts in court. The author suggests judges be more careful in deciding cases. The legislature must continue to revise the law in order to keep up with the development of society.
Perlindungan Hukum bagi Pekerja Anak di Indonesia Made Dharma Laksana Swastika; I Nyoman Putu Budiartha; Desak Gde Dwi Arini
Jurnal Interpretasi Hukum Vol. 1 No. 1 (2020): Jurnal Interpretasi Hukum
Publisher : Fakultas Hukum, Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/juinhum.1.1.2194.101-105

Abstract

Child labor regulations in Law 13/2003 for child labor in a company can be said in practice to be quite good and in accordance with their respective work agreements and there must be permission from the child's parents. This study aims to determine the legal protection for child labor in Indonesia and determine the factors causing underage children to do work. This research was designed using empirical legal methods. Sources of data obtained directly from the community called primary data (basic data) and obtained from library materials called secondary data. Data was collected using documentation and interview techniques. The results of this study indicate that the regulation of child labor in the Law of the Republic of Indonesia Number 13 of 2003 for child labor in a company is in good practice and in accordance with the work agreement of each and there must be permission from the child's parents. In overcoming obstacles and obstacles, the company tries as much as possible to realize the core of article 68 of the Law of the Republic of Indonesia Number 13 of 2003 in terms of prohibiting the company from employing underage child labor by providing certain policies to be enforced after deliberation between the company and child labor first. Through this research, non-litigation settlement is expected as the first choice and authoritative (fair for both parties), namely Workers and Employers are given the freedom to choose an existing peace agent (conciliator/mediator), and facilitate the formation of an arbitration system that is free / independent, independent, and authoritative.
Tanda Tangan Elektronik dalam Akta Pernyataan Keputusan Rapat Umum Pemegang Saham Perseroan Terbatas Ni Kadek Sofia Arianti; I Nyoman Putu Budiartha; Desak Gde Dwi Arini
Jurnal Interpretasi Hukum Vol. 1 No. 1 (2020): Jurnal Interpretasi Hukum
Publisher : Fakultas Hukum, Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/juinhum.1.1.2202.148-153

Abstract

This research is motivated by the development of technology playing an important role in the establishment of companies in various regions in the territory of the archipelago, namely the Republic of Indonesia, one of which is a Limited Liability Company. This study aims to determine the arrangement of electronic signatures in the General Meeting of Shareholders of Limited Liability Companies and to find out the legal consequences of the signatures conducted electronically in the deed of decree of the General Meeting of Shareholders of Limited Liability Companies. The method used in this research is the normative research approach is legislation. Then, the data that has been analyzed are presented in an informal form, through the words described in paragraphs. The results of this study address that the regulation of electronic signatures in the deed of the decision of the decision of the general meeting of shareholders of the Limited Liability Company through tracing and transformation according to structured translation by reasoning based on logic that electronic information or electronic documents and / or printouts can be used as evidence legal law, which is also an expansion of legal legal evidence based on the provisions of article 11 jo. Article 5 of the Law. Therefore, the evidence according to the procedural law above made in the form of electronic information or electronic documents, is valid evidence under the Electronic Information and Transaction Law, so that all electronic transactions that utilize electronic media produce electronic signatures that are loaded on the deed of determination of the results of the GMS decision, the Limited Liability Company can be considered as a deed. Then, due to the legal signature that was carried out through electronic media the outcome of the determination of the GMS had a legal impact on the legalization status of the deed which according to the relevant Act was declared valid insofar as the deed was seen as a deed under the hand.
Penegakan Hukum dalam Penyelesaian Sengketa Transaksi Electronic Commerce Ni Luh Kadek Dwi Fenny Febriyanti; I Nyoman Putu Budiartha; Ni Made Spasutari Ujianti
Jurnal Interpretasi Hukum Vol. 1 No. 1 (2020): Jurnal Interpretasi Hukum
Publisher : Fakultas Hukum, Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/juinhum.1.1.2206.173-178

Abstract

E-commerce transaction as a trade transaction contract between sellers and buyers using the internet media provide convenience for both consumers and businesses, but these transactions also have some weaknesses that can lead to legal problems. This research discusses issues regarding the validity of the agreement related to e-commerce transactions and the law enforcement efforts in resolving e-commerce transaction disputes. This research uses a normative research method with a statute and conceptual approach. The collection of legal materials is carried out using the literature study method which is then systematically compiled and analyzed using the described method. The validity of the agreement is related to e-commerce transactions if it meets Article 1320 of the Civil Code, including the agreement of those who bound themselves, the ability to make an agreement, the existence of a certain matter, and the existence of a halal cause. Law enforcement efforts in resolving e-commerce transaction disputes are carried out preventively through legislation and repressive measures through litigation and non-litigation channels such as through arbitration, consultation, mediation, conciliation, or expert judgment. In addition, it can also be resolved through BPSK, LPKSM, and the Directorate of Consumer Protection.
Penyelesaian Kredit Macet dengan Benda Jaminan Fidusia yang Dipalsukan (Studi Kasus: PT. BPR. Ulatidana Rahayu) Ni Made Sintia Tarisa; I Nyoman Putu Budiartha; Ni Made Sukaryati Karma
Jurnal Interpretasi Hukum Vol. 1 No. 1 (2020): Jurnal Interpretasi Hukum
Publisher : Fakultas Hukum, Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/juinhum.1.1.2214.222-227

Abstract

An agreement is a legal action carried out by two or more people who have legal consequences for the rights and obligations of the makers. The agreement involves at least 2 or more people. In addition to individuals, the parties to the agreement may also consist of legal entities. Limited Liability Company (PT) is a legal entity that is one of the parties or both of them in the agreement. Both are legal subjects who can carry out legal actions and carry out their rights and obligations. Referring to the above problems, this study was conducted with the aim of describing how the legal protection of bank creditors in granting credit with fiduciary collateral objects falsified and how the legal consequences if the debtor commits the fraud of the BPKB (certificate of ownership of motor vehicles) credit guarantee. This research was designed using an empirical research approach. The results of this study indicated that the legal protection of bank creditors in falsifying collateral loans with fiduciary collateral objects is regulated in articles 1131 and 1132 of the Civil Code. Other legal protection given to creditors is preventive legal protection which is legal protection to prevent disputes and in this case concerning the rights and obligations of creditors. Another result of this research is the debtor who falsified the collateral object or the BPKB of the vehicle that was used for credit guarantees was used in article 263 of the Criminal Code with the threat of a maximum prison sentence of six years. So, legal protection and sanctions to creditors and debtors, if a problem occurs is regulated in statutory regulation.
Perlindungan Hukum terhadap Pekerja dengan Perjanjian Kerja Waktu di Indonesia Agus Antara Putra; I Nyoman Putu Budiartha; Desak Gde Dwi Arini
Jurnal Interpretasi Hukum Vol. 1 No. 2 (2020): Jurnal Interpretasi Hukum
Publisher : Fakultas Hukum, Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/juinhum.1.2.2428.12-17

Abstract

In this day and age, norms often get blurred against the activities carried out by workers through a system of working agreements for a certain time. Workers get problems in the implementation of the regulation especially in fulfilling workers' rights which are not fulfilled by employers. This study aims to analyze the arrangements for a certain time work agreement in Indonesia, and to find out the legal protections for workers with a certain time working agreement in Indonesia. This study uses a normative legal research method through a statutory approach and a conceptual approach. The results show that the legal arrangements for a certain time work agreement in Indonesia have been regulated from the highest legal guidelines based on the 1945 Constitution to various Ministerial Decrees. Then, legal protection for workers with a work agreement for a certain time is carried out in a preventive and repressive manner. Supervision is also carried out to maintain the continuity of work agreements in accordance with statutory regulations.
Konsepsi Hukum Progresif dalam Pengaturan Tindak Pidana Korupsi di Indonesia Efraim Mbomba Reda; I Nyoman Putu Budiartha; I Made Minggu Widyantara
Jurnal Interpretasi Hukum Vol. 1 No. 2 (2020): Jurnal Interpretasi Hukum
Publisher : Fakultas Hukum, Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/juinhum.1.2.2431.35-39

Abstract

Progressive law puts forward the sociology of law rather than legal certainty which is the focus of legal positivism. In Indonesia, this law was coined by Satjipto Rahardjo. This study aims to determine the formulation of progressive law in future criminal law, and to determine the actualization of the concept of progressive law in regulating corruption in Indonesia. The research method used is a normative legal research method with statute and conceptual approaches. The technique of collecting legal materials in this study is a descriptive method that aims to obtain the meaning of reality related to the problems to be discussed and solved in this study. The results show that in the current Criminal Code Bill, progressive law has been regulated, to be precise in Article 2 paragraph (1) and (2). Progressive law is also regulated in Law no. 48 of 2009 concerning Judicial Power. Then, the actualization of progressive law in regulating corruption in Indonesia is a judge with the powers that take into account the sociological context of society in making decisions. Judges, prosecutors and lawyers can certainly discuss together in eradicating corruption. Efforts are also being made to reconstruct and redefine the power of law enforcement. This arrangement can also encourage the KPK to be more progressive in eradicating corruption, as well as building law enforcers who have morality so that they can become role models and increase public participation, for example by forming NGOs in preventing or fighting corruption in various agencies.
Pelaksanaan Investasi dalam Pengembangan Kawasan Budidaya Pertanian di Kabupaten Buleleng I Gusti Made Ngurah Bagus Andre Wedananta; I Nyoman Putu Budiartha; Putu Ayu Sriasih Wesna
Jurnal Preferensi Hukum Vol. 1 No. 1 (2020): Jurnal Preferensi Hukum
Publisher : Warmadewa Press

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Abstract

One area carrying out development in Indonesia is Buleleng Sub-district in the Province of Bali. The development of the region is merely focused on developing the economic sector with priority on the agricultural sector expansion in a broad sense which is supported by the development of the tourism sector. One part of the agricultural sector development is the agricultural cultivation areas in the broadest sense with the support of funds from investment. Unfortunately, in reality, the development of this cultivation does not seem to have proceeded as expected. Therefore, this study addresses two issues related to this development. The first is whether or not the laws and regulations governing the development have been sufficiently capable of attracting the interest of investors in efforts to develop agricultural cultivation areas in the region of Buleleng, and the second is the extent to which the process of implementation of the development of agricultural area cultivation in Buleleng area has reached as well as obstacles encountered. To achieve these objectives, this study was conducted using the design and method of normative research and empirical legal research and also used statutory and conceptual approaches. The results of show the set of laws and regulations have the sufficient power to support the development of agricultural cultivation in the area, and the implementation of agricultural development in a broad sense has been carried out, and even the results have been felt and enjoyed by the community. One leading obstacle factor found is conversion of land functions along with evolution and revolution in human life. The attention and intervention of various parties in the efforts to develop and extend the areas in Buleleng Sub-district is still crucially necessary.
Pengaturan Sanksi Kumulatif dalam Tindak Pidana Korupsi I Made Sandi Cahyadi; I Nyoman Putu Budiartha; I Made Minggu Widyantara
Jurnal Preferensi Hukum Vol. 1 No. 1 (2020): Jurnal Preferensi Hukum
Publisher : Warmadewa Press

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Abstract

Corruption is a crime against social and economic rights of the community. Corruption has become an extraordinary crime or crime. Likewise, the eradication effort can no longer be done in the usual way, but must use extraordinary methods. Corruption is an evil act that can make the country a loss. In Indonesia, corruption has been widespread in society, its development continues to increase from year to year. This study aims to analyze the regulation of cumulative sanctions in corruption and analyze the judges' consideration in imposing criminal sanctions in place of fines as one of the cumulative sanctions in corruption. The research used was normative legal research using a statutory approach, conceptual approach, case approach which was then analyzed descriptively. Based on the results of the discussion it can be explained that the regulation of cumulative sanctions in corruption is regulated in article 2, article 6, article 8, article 9, article 10, article, 12, article 12B. Judge's consideration in giving a ruling is judicial consideration and seeing the legal facts revealed in the trial. So it can be concluded that the approach used by the judge in consideration of the decision is the balance theory, the theory of the art approach and intuition, the scientific approach theory, the experience approach theory and the ratio decidendi theory.
Perlindungan Hukum bagi Notaris dalam Melegalisasi Akta Dibawah Tangan yang menjadi Objek Sengketa Ida Ayu Chandra Cintiadewi; I Nyoman Putu Budiartha; Ni Gusti Ketut Sri Astiti
Jurnal Preferensi Hukum Vol. 1 No. 1 (2020): Jurnal Preferensi Hukum
Publisher : Warmadewa Press

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Abstract

A notary public genuinely serves as a public official appointed directly by the state, of which the authority is to make a deed as regulated in Notary Position Act (in Indonesian called UUJN-P). In addition to the main duty of making an authentic deed, the notary has the authority to legalize the deed made under the hand. Legal protection for Notaries is regulated in Article 66 of UUJN-P. This study aims to put up a standpoint of the legal regulatory concerning the authority of a Notary in making the deed under the hand which is the object of a dispute and legal protection for the Notary concerned in legalizing the mentioned deed. Using normative research method supported by empirical data, the results of the study show that, firstly, regarding the Notary authority in making a deed is divided into two, an authentic deed (notarial deed) and a deed under the hand. In the legal power of its evidence in court, a deed made under the hand can be evidence according to Article 1866 BW, but is not as perfect as an authentic deed because when the formal and material conditions of the agreement are recognized by the parties, since then the power of the deed under the hand becomes a strong evidence in the court. Secondly, legal protection can be realized through preventive and repressive efforts, but what is regulated in UUJN-P is not comprehensive yet it only protects the outside, a deadline indicates a weakness to protect. Making new regulations or adding clear elements of legal protection can clarify the position of the Notary to protect themselves in a conflict that results in litigation aimed at maintaining the honor of the Notary profession in society.
Co-Authors A.A. Ngurah Bagus Bayu Prasetia A.A. Sagung Laksmi Dewi A.A. Sagung Laksmi Dewi 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 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 Sugiartha, I Nyoman Gede Ujianti, Ni Made Puspasutari Ulil Azmi Victoria Bellanique Solang Wibisana, Anak Agung Ngurah Adhi Widiati, Ida Ayu Putu Wikrama, A.A. Gede Agung Andika Wisnumurti, Anak Agung Gede Oka