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<![CDATA[DINAMIKA PENGATURAN TARIF PROGRESIF BAGI PAJAK KENDARAAN BERMOTOR DI WILAYAH PROVINSI BALI ]]>
<![CDATA[Putu Eva Ditayani Antari]]>;
<![CDATA[Ida Bagus Agung Daparhita]]>
<![CDATA[ VIVA THEMIS Vol 1, No 1 (2018): VIVA THEMIS ]]>
Publisher : <![CDATA[Universitas Sang Bumi Ruwa Jurai ]]>
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DOI: 10.24967/vt.v1i1.140
<![CDATA[This study examines the impact of government policy of imposing progressive tariff for motor vehicles, as regulated in Act Number 28 Year 2009 on Regional Tax and Levy. The collection of motor vehicle tax is the authority of the provincial government, as one source of local revenue, so this type of tax is regulated both in national law and also delegated in local regulations. The local regulation governs the policy of collecting the motor vehicle tax and the amount of tax rate charged. Bali provincial government as the implementing agency began implementing progressive tariffs for motor vehicles in 2014. In the beginning of implementation phase, the progressive tariff only applied to four-wheeled vehicles, while for two-wheeled vehicles new progressive tariffs enacted in 2016. Furthermore, the rate of progressive tariff charged are also increased in percentage terms compared to the previous period. The impact of this policy implementation reviewed by gathering primary data from UPT Bapenda Bali Province located in Denpasar. The results of this study, generated by using descriptive analysis, indicated that there are various considerations for local government in making changes to the provisions of vehicle tax collection, in order to restrain the growth rate of motor vehicles while increasing local revenue.]]>
<![CDATA[Mekanisme Persidangan Secara Daring (Online) Dalam Penyelesaian Perkara Pidana Pada Masa Pandemi Covid-19 di Wilayah Pengadilan Negeri Denpasar ]]>
<![CDATA[i gede suastika]]>;
<![CDATA[Putu Eva Ditayani Antari]]>
<![CDATA[ Jurnal Analisis Hukum Vol 4 No 2 (2021) ]]>
Publisher : <![CDATA[Universitas Pendidikan Nasional ]]>
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<![CDATA[Dalam pelaksanaan Indonesia sebagai negara hukum, salah satu proses penyelesaian perkaranya yang kita kenal yaitu secara litigasi (pengadilan). Dengan adanya pandemi COVID-19, dikeluarkannya kebijakan dalam proses persidangan. Diantaranya yaitu SEMA 5/2020, Surat Dirjen Badilum, PERMA 4/2020, yang pada intinya memberikan solusi terkait pengaruh situasi pandemi ini terhadap proses persidangan yaitu dengan adanya persidangan secara daring (online). Adapun permasalahan yang akan penulis teliti yaitu bagaimana mekanisme pelaksanaan persidangan secara daring (online) menurut PERMA tentang Administrasi dan Persidangan Perkara Pidana di Pengadilan Secara Elektronik serta kendala yang dihadapi dalam pelaksanaan persidangan secara daring (online) dalam penyelesaian perkara pidana dimasa pandemi ini yaitu COVID-19 khususnya pada Pengadilan Negeri Denpasar. Metode penelitian yang digunakan yaitu penelitian hukum empiris teknik pengumpulan data melalui studi dokumentasi dan wawancara dengan lokasi penelitian pada Pengadilan Negeri Denpasar. Hasil penelitian yang didapatkan yaitu pertama, mekanisme persidangan secara daring (online) dengan persidangan pada umumnya hanya terdapat perbedaan tempat persidangan serta melalui media zoom. Persidangan ini juga dianggap tidak bertentangan dengan asas persidangan terbuka untuk umum dan pemeriksaan hakim secara langsung dan lisan. Selain itu jika dilihat dari teori kepastian hukum dan teori sistem hukum, PERMA 4/2020 juga sudah mencerminkan kepastian hukum dan sesuai dengan teori sistem hukum. Kedua terdapat 3 kendala dalam pelaksanaan persidangan secara daring (online) yaitu jaringan/signal, tidak adanya ruangan khusus di beberapa Rutan/Lapas, serta terdapat Terdakwa yang terpapar COVID-19.]]>
<![CDATA[LEGITIMATION OF THE SURROGATE MOTHER AGREEMENT ON HUMAN RIGHTS PERSPECTIVE ]]>
<![CDATA[Putu Eva Ditayani Antari]]>;
<![CDATA[Dewa Ayu Yeni Asmari]]>
<![CDATA[ Yustisia Jurnal Hukum Vol 9, No 2: August 2020 ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Sebelas Maret ]]>
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DOI: 10.20961/yustisia.v9i2.43122
<![CDATA[Surrogate Mother is a method used by infertility couples to have offspring who still have a genetic relationship. This method is usually carried out by married couples who cannot have offspring through the IVF method. The implementation of Surrogate Mother is generally based on agreement. This agreement is an agreement that grows and develops in the community so that it is not yet known in the Penal Code. So this agreement is included in the new innominaat agreement. In Indonesia, until now there has been no legal umbrella related to Surrogate Mother. The existence of this agreement is inseparable from the principle of freedom of contract which gives freedom for everyone to make any agreement and with anyone. With the Surrogate Mother agreement, the right to continue descendants which are human rights (civil and political rights) which cannot be reduced under any circumstances can be fulfilled. In the implementation of Surrogate Mother, we also pay attention to certain restrictions as regulated in IVF regulation, including those conducted by a legitimate married couple and in a state of infertility. Therefore, the type of Surrogate Mother that can be done is Gestational Surrogate or Intrafamillie Surrogate by implanting the results of fertilization of a legitimate husband and wife into the womb of a Surrogate Mother.]]>
<![CDATA[Pemidanaan Terhadap Pekerja Seks Komersial Melalui Aplikasi Michat The Liability of Prostitute On Michat ]]>
<![CDATA[Putu Eva Ditayani Antari]]>
<![CDATA[ Jurnal Selat Vol. 9 No. 2 (2022): Jurnal Selat ]]>
Publisher : <![CDATA[Program Studi Ilmu Hukum Universitas Maritim Raja Ali Haji ]]>
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DOI: 10.31629/selat.v9i2.4386
<![CDATA[In this pandemic era, technology is an alternative way to do activities to facilitate human activity. The legal aspects that regulate life which aim to regulate harmonization between humans are often violated by certain elements to gain profits, apart from globalization. Prostitution is also involved because online media, the many elements who promote prostitution in the Michat online application are the main attraction for the audience, as a result of this prostitution many violate social norms that exist in society and become a problem. The problem that the author will analyse is what are the sanctions for perpetrators of online prostitution through the Michat application and the efforts that can be made to prevent the rise of online prostitution in Indonesia. The research method used is normative legal research with data collection techniques through library research. The results of the research obtained are first, pimps can be charged with the threat of punishment, both imprisonment and fines, the prohibition of doing pimping professions is contained in article 296 and article 506 of the Criminal Code. Regulations regarding the prohibition of online prostitution are specifically regulated in Article 27 paragraph (1) of Law Number 11 of 2008 concerning Information and Electronic Transactions. Second, preventive prevention of prostitution is carried out by various parties, both from government agencies and the local community so that it can run smoothly. maximum. The Regional Head, DPRD, Satpol PP, and the Police need to work together with the community to take the actions described above to prevent the practice of prostitution in their area.]]>
<![CDATA[Mekanisme Penyelesaian Sengketa Sertifikat Hak Atas Tanah Ganda Oleh Kantor ATR/BPN Kabupaten Manggarai Barat ]]>
<![CDATA[Putu Eva Ditayani Antari]]>;
<![CDATA[I Putu Wahyu Yudha Negara]]>;
<![CDATA[Ida Ayu Devina Aishwarya Putri Suteja]]>;
<![CDATA[Merva Putri Salvia]]>
<![CDATA[ Journal of Law, Society, and Islamic Civilization Vol 11, No 1: April 2023 ]]>
Publisher : <![CDATA[Universitas Sebelas Maret ]]>
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DOI: 10.20961/jolsic.v11i1.66947
<![CDATA[Land is one of the organizers of life for human, and its value is increasing with the passage of the time. Land use value increases have both positive and negative consequences. The emergence of land conflicts is one of the negative consequences. Disputes over dual land rights certificates, or disputes over two (2) or more certificates that specify the same parcel of land, either totally or partially overlapping, are common in West Manggarai Regency. The Ministry of Agrarian and Spatial Planning/National Land Agency (ATR/BPN) has the authority to resolve defense disputes in Indonesia through non-litigation channels. Therefore, the problems examined in this study are what are the factors that cause disputes in the land sector and how is the mechanism for resolving disputes over dual land rights certificates in West Manggarai by ATR/BPN West Manggarai Regency. This research uses empirical legal research methods, types of primary legal materials and secondary legal materials with qualitative descriptive data analysis techniques. Based on PERMEN Agaria Number 21 of 2020 concerning the handling and settlement of land cases, the resolution of disputes over dual land rights certificates that can be carried out by the ATR/BPN of West Manggarai Regency is to seek the resolution of dual certificate disputes through non-litigation channels with mediation between the disputing parties. The mediation carried out by ATR/BPN West Manggarai is expected to be able to effectively assist the people of West Manggarai in resolving disputes over dual land rights certificates.]]>
<![CDATA[Deferred Prosecution Agreement dalam Pemidanaan Tindak Pidana Korupsi ]]>
<![CDATA[Putu Eva Ditayani Antari]]>;
<![CDATA[I Kadek Budiadinata Satriatama Adnyana]]>
<![CDATA[ Fundamental: Jurnal Ilmiah Hukum Vol. 12 No. 1 (2023): Fundamental: Jurnal Ilmiah Hukum ]]>
Publisher : <![CDATA[Universitas Muhammadiyah Bima ]]>
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DOI: 10.34304/jf.v12i1.96
<![CDATA[Corruption is a persistent problem in Indonesia. The impact of corruption is very widespread which results in poverty and inhibits infrastructure development. Law enforcement for perpetrators of corruption in Indonesia still uses minimum and maximum imprisonment and in the form of fines. This resulted in the difficulty of recovering state financial losses due to corruption. So a new paradigm for criminalizing corruption is needed through the concept of the Deferred Prosecution Agreement (DPA). The aims of this study are 1) to find out the legal ratio of DPA application as an enforcement of corruption. 2) to find out the implementation of DPA in corruption crimes in Indonesia. Furthermore, this research method is a normative legal research method. This research method is used to examine studies in the form of books, journals, and regulations related to the author's research. The results of this study indicate that the correct basic concept used in criminal prosecution of corruption in Indonesia is the DPA concept from the UK, where the implementation is through negotiations between the prosecutor and the suspect and then the results of the negotiations are asked for the judge's opinion. Furthermore, after being approved by the judge, it will continue with the implementation of the contents of the DPA. So the concept of DPA is very appropriate to restore losses due to corruption.]]>
<![CDATA[Uploading Private Chat Screenshots on Social Media: How the Law Respond it? ]]>
<![CDATA[Ni Nyoman Juwita Arsawati]]>;
<![CDATA[Dewi Bunga]]>;
<![CDATA[Putu Eva Ditayani Antari]]>;
<![CDATA[Made Wahyu Chandra Satriana]]>
<![CDATA[ Jurnal Magister Hukum Udayana (Udayana Master Law Journal) Vol 12 No 2 (2023) ]]>
Publisher : <![CDATA[University of Udayana ]]>
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DOI: 10.24843/JMHU.2023.v12.i02.p05
<![CDATA[Personal chat is a personal communication conducted in two directions and concerns privacy in communication. The latest behavior of social media users shows considerable virtual openness. The social media users upload screenshots of their personal chat to their social media accounts and even send them to gossip accounts in social media. In this study, there are three issues discussed namely privacy rights in personal chats uploaded on social media, potential crime of uploading personal chats, and state legal responses to the spread of personal chat screenshot on social media. The right to privacy is basically giving the freedom to publish or not publish personal chat on social media. There are at least two privacies protected in personal chat namely the sender and recipient of the message, but they are not limited to people or things discussed in the personal chat. Uploading personal chat screenshots on social media has the potential to cause doxing (theft of personal data) and cyberbullying. Countries respond to these conditions with legal provisions in their respective countries. The act of spreading personal chat screenshot on social media has a legal consequence of a lawsuit for compensation for violations of personal data, criminal sanctions for defamation and cyberbullying.]]>
<![CDATA[Application of Academic Papers in Formulation Legal Products at the Regional ]]>
<![CDATA[Putu Eva Ditayani Antari]]>;
<![CDATA[Moh. Fadli]]>;
<![CDATA[Tunggul Anshari Setia Negara]]>;
<![CDATA[Riana Susmayanti]]>
<![CDATA[ Journal of Law, Society, and Islamic Civilization Vol 11, No 2: Oktober 2023 ]]>
Publisher : <![CDATA[Universitas Sebelas Maret ]]>
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DOI: 10.20961/jolsic.v11i2.78309
<![CDATA[The formation of legal products in the regions cannot be separated from the preparation of academic texts as the basis for their formation. However, the existence of alternative explanations/information as a substitute for academic texts has caused legal products at the regional level not to fully use academic texts. Based on this, it is necessary to elaborate on the urgency of academic papers in the formation of legal products at the regional level. In addition, further explanation regarding the mechanism for implementing academic papers in the formation of legal products at the regional level is the main research objective. The research method used in research is normative legal research or doctrinal legal research which bases arguments on theories, principles, concepts, and laws and regulations. The selection of the normative method is based on the existence of legal issues regarding the blurring of norms regarding the regulation of academic texts in the formation of legal products at the regional level. An explanation of this can only be obtained by conducting a doctrinal study. The results of the research lead to the conclusion that academic papers are needed as guidelines in drafting legal products at the regional level. Implementation of academic drafting should be carried out in the pre-legislative stage by identifying problems in society and elaborating them theoretically so that solutions can be formulated as outlined in the draft legal products at the regional level. The preparation of academic manuscripts also requires collecting data through interviews, observations, and literature studies to find solutions to problems in society. These results then go through a dissemination process in the form of FGDs with community representatives and parties related to the regional regulations that will be formed.]]>
<![CDATA[Legal protection for copyright holders of commercialized remix song cover version ]]>
<![CDATA[Gorda, AAA. Ngurah Sri Rahayu]]>;
<![CDATA[Artami, Ida Ayu Ketut]]>;
<![CDATA[Antari, Putu Eva Ditayani]]>;
<![CDATA[Sudharma, Kadek Januarsa Adi]]>;
<![CDATA[Vaisile Moisa, Robert]]>
<![CDATA[ Legality : Jurnal Ilmiah Hukum Vol. 30 No. 1 (2022): March ]]>
Publisher : <![CDATA[Faculty of Law, University of Muhammadiyah Malang ]]>
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DOI: 10.22219/ljih.v30i1.17034
<![CDATA[Copyright is legal and registered work. a copyright holder has two exclusive rights: economic and moral rights. A song or music copyright is one of the copyrights in the realm of art. However, there have been several copyright infringements in the music industry recently, and the cover version of a song is one of many. Many performers cover songs without the consent of original composers. They also sell and buy the music, which has obviously taken away the creator's economic and moral rights. As a result, legal protection for composers is required to prevent future instances of copyright infringements of music. The objective of this study is to determine the legal protection afforded to copyright holders of the commercialized version of a cover song, as well as the purposeful conclusion of the case involving the marketed version of the covered song. This research employed a normative approach based on literature. This study's technical analysis employed descriptive - qualitative methods. Two types of legal protection for songwriters constitute preventative and repressive protection, where the former is achieved by registering works held by the Directorate General of Intellectual Property Rights and undertaking public awareness campaigns emphasizing the significance of copyright recognition. Meanwhile, repressive protection is sought by filing a civil complaint, and criminal charges to the District Court. There are two options to resolve copyright issues over songs: in court or outside court, where the litigation process involves filing a case to the district court, and the non-litigation process may require negotiation.]]>
<![CDATA[LEGAL PROTECTION OF CONSUMER PERSONAL DATA PEER TO PEER LENDING THROUGH FINANCIAL TECHNOLOGY IN INDONESIA: AN APPROACHED OF COMPARATIVE STUDY ]]>
<![CDATA[Putu Eva Ditayani Antari]]>;
<![CDATA[Ni Gusti Agung Ayu Mas Triwulandari]]>
<![CDATA[ Jurnal Komunikasi Hukum Vol 10 No 2 (2024): Agustus, Jurnal Komunikasi Hukum ]]>
Publisher : <![CDATA[Program Studi Ilmu Hukum Fakultas Hukum dan Ilmu Sosial Universitas Pendidikan Ganesha Singaraja ]]>
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DOI: 10.23887/jkh.v10i2.83167
<![CDATA[The development of Fintech cannot be ignored and needs to be managed so that it can provide maximum benefits for the benefit of society. Because in practice there are parties who are harmed, there are more and more cases of protection of consumer personal data, it is interesting to study further about legal protection of consumer data security in the Fintech business in Indonesia, especially in this study, namely Fintech Peer for Peer Lending. Currently cases of misuse of personal data in Indonesia are still high. Efforts to address legal protection issues for Fintech consumer personal data are contained in POJK Number: 1/Pojk.07/2013 concerning Consumer Protection in the Financial Services Sector and regarding what data must be protected has also been regulated in SOJK Number 14/Seojk.07/2014 concerning Confidentiality and Security of Data and/or Consumer Personal Information, and SOJK Number 18/Seojk.02/2017 Concerning Information Technology Governance and Risk Management in Information Technology-Based Borrowing Services. The existence of these regulations is still not able to resolve personal data issues, so the government makes Law Number 27 of 2022 Concerning Personal Data Protection. The problem approach method used in this research is normative juridical. The source of legal materials in this study uses secondary materials as the main materials. The method of collecting legal materials by means of library research, was analyzed using a qualitative approach to secondary legal materials. The author's recommendations for further research related to the personal data supervisory agency which is currently still in the process of being formed, the author suggests studies related to the authority and role of the personal data monitoring agency in Indonesia.]]>
