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Legal Responsibilities of Online Delivery Service Entrepreneurs as Intermediate Consumers for Obscurity Concert Ticket Information Ni Putu Sawitri Nandari; Ida Ayu Sadnyini; Dewa Krisna Prasada; Kadek Julia Mahadewi; Bellya Lulu'il Husna
Sociological Jurisprudence Journal Vol. 7 No. 2 (2024)
Publisher : Fakultas Hukum, Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/scj.7.2.2024.75-83

Abstract

In the current era of digitalization, where information technology continues to develop, accompanied by the competitive demands of the technology-based business world, new business ideas are being seen which are seen as great opportunities by business people. One of the businesses that is currently very popular is the online entrustment service business for purchasing concert tickets via Instagram. The purpose of this research is to determine and analyze the legal responsibility of online entrustment service entrepreneurs who default on consumers due to unclear concert ticket information and related forms of legal protection for consumers for unclear information by online entrustment service entrepreneurs in purchasing concert tickets via Instagram. The research method used is normative juridical using legal materials obtained from primary, secondary and tertiary legal materials. The existence of a breach of contract regarding unclear concert ticket information carried out by online entrustment service entrepreneurs on Instagram means that jastip entrepreneurs who violate the agreement can be held responsible for compensating consumers for losses with sanctions as regulated in the relevant regulations. Therefore, this creates the creation of consumers' rights to obtain legal protection, both preventively and repressively, where in order to realize this legal protection it is also necessary to have joint synergy between the government, society, institutions and related parties.
LEGAL PROTECTION OF INTERIOR DESIGN IN INDUSTRIAL DESIGN INTELLECTUAL PROPERTY RIGHTS Ida Ayu Sadnyini; I Gede Putu Agus Wistama Putra; A.A.A.Ngurah Sri Rahayu Gorda; A.A.A. Ngurah Tini Rusmini Gorda
NOTARIIL Jurnal Kenotariatan Vol. 6 No. 1 (2021)
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/jn.6.1.3614.27-37

Abstract

Intellectual property is creativity that results from human thought in order to meet the needs and welfare of human life. Currently, IPR issues are widely discussed in the context of international issues. IPR includes two parts, namely Copyrights and Industrial Property Rights. Industrial property rights include patents, industrial designs, integrated circuits layout designs, trade secrets, geographic indications, trademarks and plant variety protection (PVP). Interior design is part of industrial design. Interior design has experienced significant developments in recent years, including in Indonesia. Problems that arises is plagiarisms done by imitating or using the "similarity" of an interior design that already has an industrial design certificate without any permission from the design owner. This study aims to find out the legal protection of interior design in the intellectual property rights of industrial design and the legal basis used by judges in deciding industrial design rights disputes. The result of this study showed that the legal protection of interior design in the intellectual property rights of industrial design involved two legal protections; they are preventive legal protections and repressive legal protections. Furthermore, Gustav Radbruch's theory of legal ideals is used as a legal basis in deciding cases of disputes over industrial design rights based on justice, benefits, and legal certainty in the case of industrial design disputes Ecosfera Room.
Regulation of Foreigner Stay Permit as Director of Limited Liability Company and Investor in Foreign Investment Tri Sutjiati; Ida Ayu Sadnyini
Jurnal Hukum Prasada Vol. 8 No. 2 (2021): Jurnal Hukum Prasada
Publisher : Magister of Law, Post Graduate Program, Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/jhp.8.2.2021.89-100

Abstract

Based to Article 10 Paragraph (1) on Regulation Ministry of Manpower Number 10 Year 2018 Concerning Procedure of Employ Foreign Worker says that employer of the foreign worker is not required to possess any EPP (working permit) to employ foreign workers who are shareholders with the position of the board of directors or board of commissioners, as it is stated before on Article 10 Paragraph (1) Presidential Decree No. 20 Year 2018 Concerning Foreign Worker. Nevertheless, the facility for investors to possess stay permits in Indonesia which is mentioned in Article 22 Paragraph (3), Regulation of Ministry of Justice and Human Rights Number 51 Year 2016 Concerning Change of Regulation Number 24 Year 2016 Concerning Technical Procedures for Application and Issuance of Visit Visas and Limited Stay Visas, says that the investor prohibited working. This study aims to investigate the procedure and the regulations that govern temporary stay permits of directors and foreign investors in Indonesia. The method used in this study is normative legal research and meanwhile, statute approach and conceptual approach are used as the approach of this study. The results of this study showed that 1) higher norms govern action, as to create lower norms, governs realization of action. Presidential Decree has a higher position in the hierarchy from Ministry Regulations. 2) ideal framework of statutory regulations shall consist of a balance portion of justice, legal certainty and finality.
Legal Approaches for Clinical Audits and Sanctions in Indonesian Health Service Facilities Ida Ayu Sadnyini; David Christianto; I Gede Agus Kurniawan; Made Jayantara
Jurnal Hukum Prasada Vol. 11 No. 1 (2024): Jurnal Hukum Prasada
Publisher : Magister of Law, Post Graduate Program, Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/jhp.11.1.2024.16-24

Abstract

Laws and regulations in Indonesia have regulated health law to ensure that every person has the right to safe, high-quality, and affordable health services. Article 21 of Law No. 36 of 2009 on Health stipulates that every Health Service Facility must have a good and responsible health service management and governance system. However, the regulation of clinical audits as an effort to reduce the risk of negligence in healthcare facilities and how the process and sanctions for unintended errors in handling patients are still unclear. The research method used is empirical legal research. This research was conducted using the Legislative Approach, Conceptual Approach, and Case Approach. The results show that the regulation of clinical audits as an effort to reduce the risk of negligence in healthcare facilities is still unclear, so an approach based on the principles of justice, legal certainty, and usefulness is needed to reduce the risk of negligence in healthcare facilities. Furthermore, the process of audit and the imposition of sanctions for unintended errors in handling patients in healthcare facilities are subject to civil and criminal lawsuits. The conclusion of this study is that in clinical audits in Indonesia, an approach that prioritizes the principles of justice, legal certainty, and usefulness is needed to reduce the risk of negligence in healthcare facilities, so that all parties are treated equally, sanctions for errors must be fair and proportional, and preventive sanctions should focus on improving the qualifications of health workers, improving systems, and developing policies to improve health services and provide patients with the right to claim compensation and file complaints both civilly and criminally.