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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.
Perlindungan Hukum terhadap Pengusaha Sewa Menyewa Kendaraan Bermotor yang Dirugikan oleh Konsumen pada Perusahaan Paulus Rental Bike Kabupaten Badung Philipus Dian Anjaraka; I Nyoman Putu Budiartha; Luh Putu Suryani
Jurnal Preferensi Hukum Vol. 1 No. 1 (2020): Jurnal Preferensi Hukum
Publisher : Warmadewa Press

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Abstract

The development of the motor vehicle industry sector is currently growing rapidly both domestically and imported from abroad so that in this business such as manufacturers, dealers and traders of vehicles competing with each other to provide facilities to consumers in order to increase turnover trading. In this research, it discusses efforts to resolve disputes between business owners who are harmed by consumers in the non-litigation process, and analyzes the obstacles that occur in the resolution of such disputes. The method used in this study is the empirical research method. The data used are primary and secondary data. The results showed that efforts to resolve disputes between business owners, especially motor vehicle leasing when harmed by consumers, were carried out by non-litigation, namely by using an alternative dispute resolution outside the court with mediation and negotiation mechanisms to the tenants who had apologized by returning the money agreed by both parties. In addition, the inhibiting factor in efforts to resolve disputes between business owners who are disadvantaged by consumers in the dispute resolution process is the rule of law factor. In this case because the loss is classified in the civil realm, it requires time to prove the loss that must get legality from the court. Not only the rule of law, but also law enforcement factors that process cases for so long and slow respond.
Penegakan Hukum terhadap Pengendara Motor yang Tidak Menggunakan Helm saat Berpakaian Adat Bali di Wilayah Hukum Polres Tabanan Ni Made Yuli Ratna Dewi; I Nyoman Putu Budiartha; I Ketut Sukadana
Jurnal Preferensi Hukum Vol. 1 No. 1 (2020): Jurnal Preferensi Hukum
Publisher : Warmadewa Press

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Abstract

National integrity and development are strongly supported by the role of traffic and road transportation as a step to improve the welfare of the community. For those who ride motorbikes are required to use a helmet as a cycling equipment as stipulated in article 106 paragraph 8 of Law Number 22 Year 2009 concerning Traffic and Road Transportation. But there is a difference when someone who rides a special motorcycle wearing traditional Balinese clothes. The purpose of this research is to analyze the level of compliance of motorcycle riders in using helmets and analyze the obstacles of the police in upholding the law against violations while dressed in Balinese custom. The method used in this study is an empirical legal approach which is done by interacting directly with the object under study with a sociological and legislative approach. The technique used in collecting data is semi-structured interviews. The results of this study indicate that the level of compliance of the Tabanan community in traffic is still low because seen from data from 2016 to 2018 the number of violations tends to increase with the number of violations in 2016 as many as 1394 in 2017 as many as 1186 and in 2018 as many as 2424 violators. Even though in 2017 there has been a reduction in violations, it can still be said that the number of violations not wearing helmets in Tabanan Regency remains high, this reflects that the level of community awareness in Tabanan is still low. 2) The obstacles of the police in law enforcement against violations when dressed in Balinese custom are the lack of public awareness about understanding driving on the road, lack of facilities and infrastructure, lack of traffic police personnel.
Perlindungan Hukum terhadap Konsumen yang Dirugikan pada Transaksi Elektronik di PT. Orindo Alam Ayu Ratih Cahya Pramitasari; I Nyoman Putu Budiartha; Ni Made Sukaryati Karma
Jurnal Preferensi Hukum Vol. 1 No. 1 (2020): Jurnal Preferensi Hukum
Publisher : Warmadewa Press

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Abstract

In this Development Era, the rapid development of electronic-based trading. Of course the need for the internet as a medium that connects important online shopping pages. This is what is called E-Commerce, which is a form of electronic-based trading. One company engaged in electronic commerce uses PT. Orindo Alam Ayu. Therefore, the authors are interested in discussing various problems that often occur in this company by pouring in the form of a thesis entitled Legal Protection Against Consumers who are disadvantaged in electronic transactions at PT. Orindo Alam Ayu, with the formulation of the problem 1) How is the legal protection for consumers who are disadvantaged in electronic transactions at PT. Orindo Alam Ayu? 2) How to resolve disputes against consumers who are disadvantaged through electronic transactions at PT. Orindo Alam Ayu? The research method used is empirical research.A loss that is often experienced by consumers who make electronic transactions at PT. Orindo Alam Ayu can do the transfer. Shipping and delivery of goods from PT. Orindo Alam Ayu to the consumer. Consumers take advantage of time, because they have to make complaints to the business, to the channeling of funds, namely banks. Therefore, PT. Orindo Alam Party business assistance here As well as resolving disputes over consumers by fixing money disputes related to each consumer. So the final settlement does not reach the end of the path, licensing can be completed properly.
Upaya Hukum PT Bank Rakyat Indonesia (Persero) Tbk Unit Amlapura terhadap Debitur yang Wanprestasi dalam Usaha Mikro I Kadek Adi Payana; I Nyoman Putu Budiartha; Ni Made Puspasutari Ujianti
Jurnal Preferensi Hukum Vol. 1 No. 1 (2020): Jurnal Preferensi Hukum
Publisher : Warmadewa Press

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Abstract

Economic development in a country is highly dependent on dynamic development and tangible contributions from the development sector. Development in the economic field is the main driver of development, Micro Business plays an important role in development and economic growth, not only in developing countries but also in developed countries. The formulation of the problem in this study, is: 1. Default and Legal Consequences in Micro People's Business Credit Agreement at PT. Bank BRI, 2. Repayment of Debtor Debt in Credit Agreements at Bank Bri. The research method used is a type of normative legal research. The most important part of developing a micro business is borrowing venture capital obtained from loans obtained from a bank. In an agreement, the debtor sometimes fails or defaults. Default or non-fulfillment of the agreement can occur either intentionally or unintentionally. Parties who do not intentionally do this default can occur because they are not able to fulfill these achievements or are also forced to make these achievements. The problem in this study is the occurrence of default on a credit agreement, the data is processed and analyzed qualitatively. The purpose of the analysis is to minimize the risk of bad credit. Then sort out the loan application submitted based on the loan ceiling. Default or non-fulfillment of the agreement can occur either intentionally or unintentionally. Parties who do not intentionally do this default can occur because they are not able to fulfill these achievements or are also forced to make these achievements.
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