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Prosedur Penyelesaian Perkara Wanprestasi Atas Perjanjian Pinjam Uang Yang Dilakukan Oleh Debitur Koperasi I Komang Eka Adi Putra; I Nyoman Sukandia; I Wayan Kartika Jaya Utama
Jurnal Preferensi Hukum Vol. 5 No. 2 (2024): Jurnal Preferensi Hukum
Publisher : Warmadewa Press

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Abstract

Cooperatives which regulate the movement of business fields in the formation of capital from the savings of its members regularly and continuously and can also be lent to its members in a practical, easy and fast way are called Savings and Loans Cooperatives for welfare purposes. That way the aim of establishing it is to make it easier for the community to make financial transactions easier, with the existence of a savings and loan cooperative that provides small interest but opportunities in capital can be cheap. With normative law implemented in the method used in this study, allowances from sources such as principles, principles, and legal literature are used in resolving cases of default on borrowing money in cooperatives. The results of this study are the results of evidence in court proceedings, evidence can be submitted by the plaintiff and the truth of the lawsuit and the defendant does not deny it. The proof of the case made the judge declare that it was legal to have defaulted on borrowing money within the scope of the cooperative.
Kedudukan Direktorat Jenderal Hak Kekayaan Intelektual (HKI) dalam Perlindungan Hak Cipta Lagu Yoaneta Spiridiana Sorowea; I Nyoman Sukandia; Desak Gde Dwi Arini
Jurnal Preferensi Hukum Vol. 5 No. 3 (2024): Jurnal Preferensi Hukum
Publisher : Warmadewa Press

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Abstract

Copyright is the exclusive right of creators to regulate the ownership and distribution of their work. In Indonesia, the Directorate General of Intellectual Property Rights (IPR) plays a role in ensuring that copyright is protected and enforced, including in the context of music or songs. The focus of this research is to evaluate how the law, specifically Law Number 28 of 2014 on Copyright, provides legal protection to songs. In addition, the research also examines the role of the Directorate General of Intellectual Property in providing protection to song copyrights. The research method used is the normative method. The results showed that in the case of the song "Gemu fa mi re", the creator has the right to file a lawsuit to the court in case of piracy or unauthorized duplication. Preventive efforts are made by registering copyrighted works with the authorized institution, while repressive efforts involve filing a lawsuit in court in cases of copyright infringement. In the context of the position of the Directorate General of Intellectual Property, they have an important role in providing legal protection to copyrighted works. This involves policy implementation, provision of technical guidance, supervision, evaluation, and reporting in various aspects, such as applications, publications, legal services of copyright, products, and related rights.
Peningkatan Pengetahuan dan Kesadaran Hukum Hak Waris Anak Dalam Perkawinan Negen Dadua di Kelurahan Semarapura Kaja, Klungkung Putu Ayu Sriasih Wesna; I Nyoman Sujana; Komang Arini Styawati; I Nyoman Sukandia; Anak Agung Istri Agung
Postgraduated Community Service Journal Vol. 3 No. 1 (2022)
Publisher : Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/pcsj.3.1.2022.14-25

Abstract

The Balinese indigenous people adopt the patrilineal family system, or paternity, or better known in the Balinese indigenous people as kepurusa or purusa. In accordance with the general principles adopted in the patrilineal family system, at least three basic principles are adopted in the purusa family system, among others the lineage traced from the line of man or father, in a woman's marriage is released from her legal relationship with her original family, as a result of marriage is the formation of a core family that ideally consists of father, mother and child. Whereas if a boy from a family that has only one son, will have a marriage with a daughter who comes from a family that has only one daughter, then there will be a debate between the family about the form which marriage to choose. If you choose the usual form of marriage, then the woman's family will definitely object, because the family will later become divorced. Similarly, on the contrary, if you choose the form of nyeburin marriage, then the family of the male party will object because it will also cause a state of hereditary rupture, or so-called ceput or putung. Therefore, women and men who are the only children in the family can have alternative marriages outside of the two forms of marriage above. The marriage is a double state marriage or in this case the husband does not enter the wife's family, and the wife will not enter the husband's family. Of course, it will bring different legal consequences from ordinary marriage or marriage to the marriage property, the position of the child, and his inheritance.In order to avoid a putung condition, a legal breakthrough is needed other than the usual form of marriage and the intermarriage, namely the negen dadua form of marriage. In Semarapura Kaja Village, there are several cases like this. For this reason, assistance is carried out in the context of increasing awareness and knowledge of the law of the inheritance rights of children in negen dadua marriage.
Pemberian Kredit Modal dan Investasi Untuk Pengembangan Usaha yang Berkelanjutan pada Dian’s Songket Putu Ayu Sriasih Wesna; I Wayan Kartika Jaya Utama; Indah Permatasari; I Nyoman Putu Budiartha; I Made Suwitra; Johannes Ibrahim Kosasih; I Wayan Wesna Astara; Ni Luh Made Mahendrawati; I Nyoman Sujana; I Nyoman Sukandia; Anak Agung Istri Agung; I Made Pria Dharsana; I Nyoman Alit Puspadma; Ryskiaden Markus; Tjokorda Gede Agung Sayogaditya Widya Pramana Putra; Miel S. Bongon; Marcelo Roland C. Villafuerte; Demosthenes B. Vibandor; Leovigildo C. Sentelices; Carlos M. Raymundo
Postgraduated Community Service Journal Vol. 6 No. 1 (2025)
Publisher : Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/pcsj.6.1.2025.1-7

Abstract

Dian's Songket which started its business in 1995 which is engaged in the weaving industry of songket and endek woven fabrics. Dian's Songket in running its business faces various challenges in an effort to develop its business. One of the main problems faced is the limitation of capital. The purpose of the Community Partnership Program activity is to provide socialization of the importance of providing capital credit so that the sustainability of the business can grow rapidly. And it can provide benefits, namely that Partners can better understand the importance of providing capital credit so that the sustainability of their business can grow rapidly. The implementation of service activities at Dian's Songket begins with direct observation and then an analysis of legal needs, socialization and legal education for business owners and managers, preparation of conflict or dispute resolution procedures as well as evaluation and documentation of service activities. This socialization took place comprehensively from sharing knowledge owned by the PKM team or several questions from Dian's Songket itself. So that in the implementation of this PKM can help Dian's Songket to better understand several elements that must be held in the form of a sense of trust, agreement between the parties, the period given, risks that will occur and remuneration that must be carried out so that from these elements the Bank as a creditor can later help to provide capital credit back for Dian's Songket to develop its sustainable business.
Penataan Pertanahan Desa Sidan Berbasis Ekowisata Untuk Pembangunan Berkelanjutan I Wayan Wesna Astara; Anak Agung Istri Agung; Ni Luh Made Mahendrawati; Putu Ayu Sriasih Wesna; I Wayan Kartika Jaya Utama; Indah Permatasari; I Nyoman Putu Budiartha; I Made Suwitra; I Nyoman Sukandia
Postgraduated Community Service Journal Vol. 6 No. 2 (2025)
Publisher : Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/pcsj.6.2.2025.102-108

Abstract

Land management integrated with ecotourism is crucial for sustainable village development in rural Bali, where natural and cultural potential is often hampered by irregular land management, a lack of legal certainty over customary land, and the risk of agricultural land conversion. This community service program aims to address these issues in Sidan Village, Gianyar District, through an ecotourism-based land management approach to optimize tourism potential such as Kissidan Eco Hill while preserving the environment and cultural values. The methods used included land law socialization, the application of digital mapping technology for land inventory and zoning, and sustainability strategies through strengthening village and customary village institutions. Results showed increased community understanding of regulations such as the Basic Agrarian Law (UUPA), the Integrated Land Management System (PTSL), and the LP2B Protection Law, which differentiates between productive agricultural and tourism areas, as well as strengthened synergy between institutions to mitigate the risk of land disputes. Overall, this program successfully established Sidan Village as a model for sustainable ecotourism, balancing economic development, environmental conservation, and local wisdom through orderly and law-based land management.
Strategy For Strengthening Village Credit Institutions (LPD) in Realizing Community Welfare in Sibetan Village, Bebandem District, Karangasem Regency Post Pandemi I Nyoman Sukandia; Anak Agung Istri Agung
Law Doctoral Community Service Journal Vol. 1 No. 2 (2022): Law Doctoral Community Service Journal
Publisher : Fakultas Hukum, Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55637/ldcsj.1.2.5715.107-114

Abstract

The growth and development of the LPD requires Human Resources with sufficient and adequate quality education, and an element of prudence is urgently needed in disbursing credit, because the credit disbursed is derived from public funds collected in the form of Savings and Time Deposits; However, even though the LPD is already in the form of a Business Entity, the responsibility is still the responsibility of the Indigenous Village community as the communal owner of the Business Entity, and does not yet have a mechanism to provide special guarantees for owners of capital/money from the community as owners of deposits in all LPDs. LPDs in Bali, as is the case with LPDs which require material guarantees to be specifically guaranteed as a form of prudence. So when faced with certain situations such as the Covid 19 pandemic; then it is not impossible for the LPD to experience liquidity problems because many loans disbursed are not smooth and even jammed, and on the other hand, the community draws a lot of Savings and Deposits for their living needs, both those that have not been and those that are due. In addition, the lack of prudence and lack of understanding of good governance have an impact on very serious problems such as losses and even bankruptcy. This study empirically examines the developments and problems of Village Credit Institutions (LPD) as a result of the Covid-19 pandemic, and takes visionary steps or strategies to strengthen the management of Village Credit Institutions (LPDs) that are resilient in realizing community welfare in Sabetan Village, Bebandem District. , Karangasem Regency Post Pandemic.
Perlindungan Hukum Terhadap Penumpang Angkutan Umum Ditinjau dari Undang-Undang Nomor 22 Tahun 2009 Tentang Lalu Lintas dan Angkutan Jalan Ida Bagus Ananta Kusuma; I Nyoman Sukandia; I Nyoman Sutama
Jurnal Analogi Hukum Vol. 6 No. 1 (2024): Jurnal Analogi Hukum
Publisher : Fakultas Hukum Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/jah.6.1.2024.79-86

Abstract

For Indonesians, transportation is a very significant activity. It is essential to understand the availability of transportation services that are orderly and entertaining, as well as appropriate to the level of traffic demand. Consequently, a single national transportation system must be created to coordinate road and transit traffic. According to Law No. 22 of 2009 on Road Traffic and Transport and Carrier Liability regarding passenger accidents in public transport on Road Traffic and Transport, the purpose of this review is to outline the various legal protections available to public transport users. By offering safe, convenient, fast, and affordable services, public transport users are afforded legal protection. Public transport must be accessible as it is a crucial daily necessity. The government is in charge of organizing the public transportation system. There are significant issues with legal protection for passengers in the increasing global competition, which requires legal protection.
Penyelesaian Kredit Macet Dalam Hal Terjadinya Wanprestasi di Lembaga Perkreditan Desa (LPD) Desa Adat Tabola Sidemen Cok Istri Wulan Pemayun; I Nyoman Sukandia; I Made Aditya Mantara Putra
Jurnal Analogi Hukum Vol. 6 No. 2 (2024): Jurnal Analogi Hukum
Publisher : Fakultas Hukum Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/jah.6.2.2024.160-165

Abstract

LPD is an economic institution owned by a traditional village that aims to help improve the standard of living of the village krama, supporting the development of the traditional village by providing credit facilities. A letter of agreement is required that binds the parties in granting credit. However, in practice, there are still problems of non-performance of obligations by customers, especially in the LPD of Tabola Sidemen Traditional Village. In connection with this, the problem is formulated, namely: 1. What are the factors that cause defaults in credit agreements at LPD Desa Adat Tabola Sidemen; 2. How are efforts to resolve bad credit in the event of default at LPD Desa Adat Tabola Sidemen? The research method used is the type of empirical legal research with the type of regulatory approach and sociological approach or facts. The results show that the factors that cause default are internal factors and external factors. Internal factors from the LPD and external factors caused by customers. Efforts to resolve bad credit for defaults are carried out by credit restructuring, litigation and non-litigation efforts.
Penerapan Hukum Terhadap Tindak Pidana Pemalsuan Sertifikat Hak Atas Tanah di Labuan Bajo Kabupaten Manggarai Barat Maria Inda Jelita; I Nyoman Sukandia; I Made Minggu Widyantara
Jurnal Analogi Hukum Vol. 6 No. 2 (2024): Jurnal Analogi Hukum
Publisher : Fakultas Hukum Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/jah.6.2.2024.223-228

Abstract

Land ownership rights will continue as long as the owner is alive, and after death, the rights can be continued by their heirs provided they meet the criteria as subjects of ownership rights. Certificate forgery is a criminal act involving the deliberate act of making it appear genuine, although it is actually fake or deceptive. The case of land disputes in the forgery of land certificates in Labuan Bajo has its legal application. So that the formulation of the problem is how the legal arrangements against perpetrators of criminal acts of forgery of land rights certificates in Labuan Bajo, West Manggarai Regency and how the application of the law against perpetrators of criminal acts of forgery of land rights certificates in Labuan Bajo, West Manggarai Regency. Using empirical research methods. Based on the results of his research, legal regulations related to forgery of land rights certificates are regulated in Article 263 of the Criminal Code. Perpetrators of criminal acts can be reported to law enforcement and in the trial process, perpetrators of certificate forgery can be subject to imprisonment of between 6 months to 12 years.
Pelaksanaan Pemberian Kredit Kepada Warga Luar Desa Di Lpd Desa Adat Tegal Kabupaten Badung I Nyoman Esna Parhita Putra; I Nyoman Sukandia; I Made Aditya Mantara Putra
Jurnal Analogi Hukum Vol. 7 No. 3 (2025): Jurnal Analogi Hukum
Publisher : Fakultas Hukum Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/jah.7.3.2025.311-317

Abstract

Keberadaan LPD merupakan keuntungan bagi masyarakat Bali. Menurut Peraturan Daerah Provinsi Bali Nomor 3 Tahun 2017 tentang LPD, Pasal 7 ayat (1) huruf c, LPD dapat memberikan pinjaman kepada warga luar desa dengan syarat kerjasama antar desa. Namun, dalam praktiknya LPD Tegal memberikan kredit kepada warga luar desa adat tanpa adanya syarat tersebut. Adapun permasalahan yang diangkat yakni: (1). Bagaimanakah pelaksanaan pemberian kredit kepada warga luar desa adat di LPD Desa Adat tegal?; dan (2). Bagaimanakah mekanisme penyelesaian perselisihan dalam hal terjadinya kredit macet oleh debitur warga luar desa adat? Studi ini menerapkan metodologi penelitian hukum empiris. Hasil penelitian menunjukan bahwa pelaksanaan pemberian kredit kepada warga luar Desa Adat Tegal melaui beberapa tahapan yakni tahap awal, tahap pengajuan permohonan kredit, tahap penilaian calon peminjam, dan tahap persetujuan.
Co-Authors AA Ngr Mayun Narindra ABDULLAH, Mohd Kamarulnizam Bin Anak Agung Istri Agung Andika Satria Dwi Pratistha Arini, Desak Gde Dwi Arnold Paul Kurniawan Djae BUDIADNYANA, I Gusti Putu Cahyadi, Gede Dwiki Carlos M. Raymundo Chornous, Yuliia Cok Gde Agung Santika Putra Cok Istri Wulan Pemayun Demosthenes B. Vibandor Dewa Ayu Dwi Diah Novita Dewi DEWI, Ida Ayu Permata Winditya Dewi, Ni Kadek Marantina Diah Gayatri Sudibya Dita Paramitha Gde Made Swardhana Gusti Ngurah Parikesit Widiatedja Hamid Ahmad An Nibrosyia I Gede Arimastanaya I Gede Artadi Wira Guna I Gede Surya Pratama Putra I Ketut Sukadana I Komang Eka Adi Putra I Komang Eka Adi Putra I Made Aditya Mantara Putra I Made Dutha Dharma Wirayuda I MADE MINGGU WIDYANTARA, I MADE MINGGU I Made Pria Dharsana, I Made Pria I Made Suwitra I Nyoman Alit Puspadma I Nyoman Alit Puspadma I Nyoman Esna Parhita Putra I Nyoman Putu Budiartha I Nyoman Sujana I Nyoman Sutama I Putu Gede Ryan Chandra Indrawan I Putu Surya I Wayan Kartika Jaya Utama I Wayan Wesna Astara Ida Bagus Ananta Kusuma Indah Permatasari Indah Permatasari Johannes Ibrahim Kosasih Ketut Adi Wirawan, Ketut Adi Ketut Bagus Kurniawan Wahyu Wibawa Komang Anik Sudarnita Krisna Dwipayana Dira Putra Leovigildo C. Sentelices Mandasari, IA Cynthia Saisaria Marcelo Roland C. Villafuerte Maria Inda Jelita MATARAM, I Gede Arie Melani Pratama Putri Miel S. Bongon Nandiri, Ni Putu Sawitri Ni Komang Arini Stywati Ni Luh Made Mahendrawati Ni Made Eka Pradnyawati Ni Made Puspasutari Ujianti Ni Nyoman Sri Puspdewi Ni Putu Sawitri Nandiri Pratama, Putu Rama Ari Putu Ayu Sriasih Wesna Renaya, Nengah Ryskiaden Markus Senastri, Ni Made Jaya Styawati, Ni Komang Arini Sujana, I Nyoman Tjokorda Gede Agung Sayogaditya Widya Pramana Putra UTAMI, I Dewa Ayu Listari Virgayanti, Ni Ketut Anik Wayan Arieka Naka Maheswari Yoaneta Spiridiana Sorowea YUDHA, I Putu Wira Dharma Putra