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Pertanggungjawaban dan Penyelesaian Sengketa Konsumen Berkaitan Dengan Perdagangan Parsel Diyatmika, Kadek Purwa Sastra; Widiati, Ida Ayu Putu; Karma, Ni Made Sukaryati
Jurnal Analogi Hukum 393-398
Publisher : Fakultas Hukum Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/ah.2.3.2020.393-398

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Abstract—This is a consumer protection guarantee which should be by the consumer over any food products purchased from manufacturers or businessmen. For businessmen who just always worried about how to gain that much without thinking of the interests of consumers. It can be posed some problems that would constitute the subject of this research, the problem namely: 1) how form of liability in case of loss on consumers due to consume products in parcels. 2) how does the dispute resolution mechanism that creates consumer losses resulting from consuming products in parcels. This presentation method using empirical legal research, sociological issues in IE approach using an approach based on the provisions of the law and legal developments on a periodic basis. Liability in the event of the occurrence of harm on consumers due to consume products in parcel is a party – the party that made a mistake and led to losses. Parties – parties that are manufacturer, businessmen and parcel delivery service. Sanctions according to the civil code, namely compensation or administrative sanction and according to the criminal law, namely criminal confinement 5 years in prison. Consumers are dispute resolution mechanism gives rise to loss due to consume products in gifts can be made in litigation or non litigation. In trade parcels expected all parties to know about their respective responsibilities so that would not be incurred losses against consumers who consume parcels.
Tinjauan Yuridis Terhadap Tindak Pidana Perkosaan Dalam Perspektif Hak Asasi Manusia Novitasari, Kadek Dwi; Widiati, Ida Ayu Putu; Laba, I Nengah
Jurnal Analogi Hukum 388-392
Publisher : Fakultas Hukum Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/ah.2.3.2020.388-392

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Abstract—Rape crime is the most common case in Indonesia. Rape is a crime that is very cruel, immoral, despicable and violates the norm where the victims are women both adults and minors. Rape violates Human Rights especially for women. The formulation of the problem raised is how to protect the law of women who are victims of rape in the perspective of human rights and how criminal sanctions are applied to perpetrators of rape crimes. This type of research is a research with a legal and conceptual problem approach. The results of this study indicate that legal protection that can be given to women who are victims of acts of sexual violence / harassment is stipulated in Article 285 of the Criminal Code and Law No. 13 of 2006 specifically in Article 5, Article 8, and Article 9 which are generally in the form of protection and rights of witnesses and victims. Victims of sexual violence have rights that must be enforced, hurt, suffering, fear, and various kinds of adverse effects that befall him after rape and need serious attention. While criminal sanctions against perpetrators of criminal acts of rape have been regulated in general in Article 285 of the Criminal Code which faces a sentence of twelve years in prison.
Peranan Badan Narkotika Nasional (BNN) Dalam Upaya Pencegahan Terhadap Tindak Pidana Narkotika Setiaawan, Ida Bagus Trisnha; Widiati, Ida Ayu Putu; Sudibya, Diah Gayatri
Jurnal Analogi Hukum 361-365
Publisher : Fakultas Hukum Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/ah.2.3.2020.361-365

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Abstract—Narcotics is a substance that can make anyone who consumes it lose consciousness and various adverse effects can be caused from this drug because it contains both centric and semi-sentimental plants that affect brain performance until the disappearance of the pain that is felt but makes severe dependence, as for types and various types and this class of drugs has been attached to this Act. The formulation of the problem in this paper is how the duties and authority of the National Narcotics Agency in the act of criminal narcotics and what are the efforts of the National Narcotics Agency in the prevention of narcotics crimes. The research method used in this research is normative legal research; the author uses the main approach, namely the legislative approach to narcotics crime. By the National Narcotics Agency and enforcement practices and constraints that occur in eradicating narcotics crime faced by the National Narcotics Agency, the source of the author's legal material is obtained from a literature study of primary legal material and secondary legal material. The National Narcotics Agency is a non-ministerial government institution domiciled under the President and responsible to the President. The National Narcotics Agency has the duty and authority in the field of prevention and eradication and abuse of narcotics. The National Narcotics Agency encountered several obstacles in carrying out its duties, which were not sufficient operational costs, inadequate facilities and infrastructure, and a lack of community participation in helping the National Narcotics Agency to prevent narcotics crime .
Eksistensi Pengadilan Pajak Dalam Penyelesaian Sengketa Pajak Gotama, I Wayan Sentana; Widiati, Ida Ayu Putu; Seputra, I Putu Gede
Jurnal Analogi Hukum 331-335
Publisher : Fakultas Hukum Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/ah.2.3.2020.331-335

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Abstract—Tax is one of the sources of state revenue for national development, the collection of which can be imposed based on legislation. In practice, there are often differences in interpretation between tax authorities and taxpayers in understanding the laws and regulations that can lead to tax disputes. As for the formulation of the problem in this study: how is the position of the Tax Court in Indonesia? What constraints hamper the tax dispute resolution process in the Tax Court? This research is expected to expand public legal knowledge, especially regarding the tax court and the realization of a professional, independent and trusted Tax Court. This research is normative research with conceptual approach and legislation. Based on the results of the study, it can be concluded that: 1) The position of the Tax Court is in two (2) institutions, namely technical-judicial guidance by the Supreme Court and organizational, financial, and administrative guidance by the Ministry of Finance. This dualism has caused many parties to doubt the independence and independence of the Tax Court. 2) Constraints in the tax dispute resolution process in the Tax Court are the place of residence of the Tax Court which only exists in the Capital of the State and there are administrative sanctions in the form of fines of 100% (one hundred percent) if the taxpayer's appeal is partially granted or rejected.
Perjanjian Perkawinan Sebagai Perlindungan Hukum Terhadap Harta Bersama Akibat Perceraian Ani, Ni Kadek; Budiartha, I Nyoman Putu; Widiati, Ida Ayu Putu
Jurnal Analogi Hukum 17-21
Publisher : Fakultas Hukum Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/ah.3.1.2021.17-21

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In living a household life, it is often that problems arise that cause disputes and end up with divorce between couples. The breakup of marriage will cause problems, one of which is the family's wealth. Marriage agreements are made to anticipate possible problems that occur in a marriage. The problem statement from this study is: (1) how is the arrangement of the Marriage Law in Law Number 1 of 1974 concerning Marriage? (2) How is the legal protection of common property after the verdict of the Constitutional Court Number 69/PUU-XIII/2015 in the event of a divorce? This study is a type of normative law research, since its assessment is carried out through a library study. The Regulation of Marriage Agreements in Law Number 1 of 1974 concerning Marriage, contained in Chapter V, Article 29. The Marriage Agreement was made before the marriage was held and valid since the marriage took place. After the verdict of the Constitutional Court Number 69/PUU-XIII/2015, the Marriage Agreement can be made after the marriage between the husband and wife takes place and must be recorded. This marriage agreement binds the husband, wife, and third party. Marriage agreements provide law protection for both husband and wife to their property if they have to divorce for a reason.
Prosedur Dan Akibat Hukum Penundaan Kewajiban Pembayaran Utang Perseroan Terbatas (Studi Kasus Putusan Nomor 03/PKPU/2010/PN.Niaga.Sby) Juliantini, Ni Nyoman; Arjaya, I Made; Widiati, Ida Ayu Putu
Jurnal Analogi Hukum 101-105
Publisher : Fakultas Hukum Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/ah.3.1.2021.101-105

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Suspension of debt payment obligation institutions (hereinafter abbreviated as PKPU) and Bankruptcy Institutions are two complementary institutions in an effort to regulate debt payments. These two institutions can be used by debtors who have difficulty paying their debts. In addition to being able to be used by debtors, these institutions can also be used by creditors, and agencies that are authorized by law act for and on behalf of creditors. One of the cases resolved with the PKPU process that was filed without the application for a bankruptcy statement submitted by the creditor was the case of Decision No. 03 / PKPU / 2010 / PN.Niaga.Sby PT. Nikki Puri. The formulation of the problem raised in this study is; (1) what is the procedure for requesting a delay in the obligation to pay debt to a limited liability company? And (2) what are the legal consequences of the decision to postpone debt repayment obligations? This study is a normative study with a legal, conceptual and case approach. Based on the results of the study it can be concluded that 1) The procedure for submitting a PKPU application can be carried out after the application for a bankrupt statement and without a request for a bankrupt statement, by completing formal and substantial requirements 2) The legal effect of the PKPU decision on the legal status of the debtor is the limitation in taking action on his assets, to creditors, namely the position of preferred creditors and separatist creditors to be the same as concurrent creditors, especially in carrying out collateral execution and debt collection.
Perlindungan Hukum Hak Cipta Tari Pendet Menurut Undang-Undang Nomor 28 Tahun 2014 Nariasih, Ni Putu Epy; Mahendrawati, Ni Luh; Widiati, Ida Ayu Putu
Jurnal Analogi Hukum 111-115
Publisher : Fakultas Hukum Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/ah.3.1.2021.111-115

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The country of Indonesian has a variety of cultures that cause the tourism industry to develop very rapidly; often many Indonesian cultures are claimed by other countries. Related to this there are two main problems, namely: 1. how is protection of Pendet Dance copyright violations according to Law Number 28 of 2014? The research used is normative legal research with a statutory approach. The result of the study shows that Pendet art is a cultural heritage that needs to be protected. Copyright legal protection for Pendet dance in the legal protection that can be given is, namely conducting an inventory and documentary by compiling a database. Legal protection is given ina repressive and preventive manner. Repressive legal protection, namely legal protection efforts carried out by the state if there are claims from other countries on folklore in Indonesia, therefore the inventory and documentary effort that have been compiled in the database by the authorized ministry to do so. Copyright legal protection for folklore, especially in pendet dance in Indonesian is still not optimal. Namely by preservation and continue to introduce pendet dance folklore to the wider community for the richness of traditional culture owned by the Indonesian state. Legal consequences that can be made if there has been a copyright violation, then the enforcement of copyright law can be pursued through two paths. Namely the civilian route by filing civil lawsuits and criminal lines with criminal charges.
Kebijakan Perlindungan Hukum Terhadap Konsumen Online Market Place Akibat Dampak Covid-19 Wiguna, I Made Amertha; Budiartha, I Nyoman Putu; Widiati, Ida Ayu Putu
Jurnal Analogi Hukum 135-141
Publisher : Fakultas Hukum Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/ah.3.2.2021.135-141

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The increasing number of online marketplace users continues to increase which also leads to increased crime, on the other hand the weak legal protection regulations. The formulation of the problem raised is How does the legal protection policy for online marketplace consumers impact Covid-19? What are the legal implications of the spread of covid-19 for online marketplace consumers? This thesis research is carried out using the normative research type. The results show that legal protection for consumers in online marketplace transactions has not been effectively carried out because in the UUPK regulations, the ITE Law, the Trade Law, PP PSTE, and PP PMSE, the contents of the regulations overlap and are inconsistent. Regulations on legal protection policies that are tailored to current and future needs are needed in order to protect consumers and support the operation of online marketplace transactions. Then provide a reference for the government as a material for consideration in order to improve legal protection policy regulations related to online transactions; 1) Fixing legal protection rules, 2) In making rules, it is necessary to involve private parties, 3) The need for good coordination between government institutions, 4) Carry out online consumer dispute resolution effectively using SiPENA.
Perlindungan Konsumen Terhadap Tindakan Pemadaman Listrik yang dilakukan Secara Sepihak Oleh PT. PLN (Persero) UP3 Bali Selatan Kusuma , I Gede Dharma; Budiartha, I Nyoman Putu; Widiati, Ida Ayu Putu
Jurnal Analogi Hukum 230-234
Publisher : Fakultas Hukum Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/ah.3.2.2021.230-234

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Indonesia is a country consisting of several islands and every region that requires electricity as a daily need and long -term needs, the current situation many people complain about the services provided by PLN is a power outage without prior notice. The numb er of public complaints related to power outages makes PLN in improving the organizational structure, especially in the sector of coordination between workers. The government in terms of providing protection to the community in terms of obtaining electricity supply is enough to make consumer protection regulations in which there is a right and obligation of consumers to get justice and obliged to conduct appeals from the government in an effort to prevent criminal acts in accordance with positive laws appli cable in Indonesia. The government is questioning the field workers from the PLN who deliberately or unintentionally do not inform the public of this turn -based power outage and it should be the PLN to give a reprimand for its workers who do not carry out orders in accordance with the SOP applicable in the company.
Implementasi Peraturan Walikota Denpasar Nomor 36 Tahun 2018 Tentang Pengurangan Kantong Plastik Pada Pelaku Usaha Pasar Tradisional Neru, Satrya Raul; Widiati, Ida Ayu Putu; Arthanaya, I Wayan
Jurnal Analogi Hukum 294-299
Publisher : Fakultas Hukum Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/ah.3.3.2021.294-299

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One of the threats to our environment is the problem of plastic waste. Plastic waste is a global problem that is currently getting more attention from many countries. Realizing this, it is necessary to have a regulation that reduces the increasing use of plastic. To reduce the increasing use of plastic, the Denpasar City Government has made a plastic waste reduction program through reducing the use of plastic bags. This regulation is in the form of the stipulation of Mayor Regulation Number 36 of 2018 concerning Reducing the Use of Plastic Bags. There are 2 (two) main problems that will be studied in this study including 1) How is the application of Denpasar Mayor Regulation Number 36 of 2018 to traditional market business actors?, 2) What efforts are being made by the Denpasar City Government to make plastic bag reduction effective? The research method used in this study is empirical legal research with a sociological juridical approach. The application of Denpasar City Regulation Number 36 of 2018 for business actors in traditional markets cannot be carried out to the maximum, this is because not all business actors in traditional markets can carry out these buying and selling activities by not using plastic bags. Denpasar City to make the reduction of plastic bags effective is to carry out socialization and also provide administrative sanctions for those who violate.
Co-Authors A A Gd Jelantik Wisnu Putra A. A. Sagung Laksmi Dewi A.A Agung Laksmi Dewi A.A Gede Diotama A.A Sagung Laksmi Dewi A.A Sagung Laksmi Dewi A.A. Sagung Laksmi Dewi A.A.Gde Oka Wisnumurti Ade Marcelian Pande Adi Permana Agung Agus Leo Adi Wibawa Alda Vidia Vergionita Anak Agung Gede Cahya Ditya Yuniarsa Anak Agung Istri Agung Anak Agung Triana Putri anastasia Anastasya, Dewa Ayu Julia Ani, Ni Kadek Ayu Yuliany Adisti Ayu, FeviLia Dea Bimantara, I Made Dwi Bongon, Miel S. Budayasa, I Made Budiartha , I Nyoman Putu Daniswara, I Kadek Tedo Tamara Putra Darma Budi Setiawan Dendy Martono Prabowo Dewa Ketut Swanjaya Tirta Dewi, A.A Agung Laksmi Dewi, I Gusti Agung Dhian Maharani Swari Dewi, Ida Ayu Dyah Permata Diana, I Kadek Bayu Surya Diantara, I Komang Triana Dinda Aurelia Danian Diyatmika, Kadek Purwa Sastra Erawati, Ni Putu Tina Fitriyani, Kadek Dwi Fransiskus Leric Kleden Garry Gerrson Riwu Gianluca Fredrick Wou Dopo Gotama, I Wayan Sentana Hartana, Herry Jaya I Dewa Gede Dwipayana Putra I Gde Pasek Ari Krisnadana I Gede Andik Surya Dana I Gede Gita Ananda Putra I Gede Ivan Wahyu Pramana I Gede Mahendra Juliana Adiputra I Gede Wijaya Kusuma I Gusti Agung Ketut Bagus Wira Adi Putra I Gusti Bagus Suryawan I Gusti Bagus Suryawan, I Gusti Bagus I Gusti Made Jaya Kesuma I Gusti Ngurah Md Rama Andika I Gusti Putu Ghosadhira Vedhastama I Kadek Arimbawa I Kadek Candra Karunia Bagiarta Putra Sugiantara I Kadek Edy Sanjaya I Kadek Windi Pranata Putra I Ketut Adi Gunawan I Ketut Adnyana I Ketut Gede Purnayasa I Ketut Irianto I Ketut Irianto I Ketut Sukadana I Komang Edy Susanto I Made Adi Karsa I Made Andi Putra Mahardika I Made Ari Nurjaya I Made Arjaya I Made Bayu Ari Budi Utama I Made Budayasa I Made Dwi Payana I Made Dwi Sanjaya I Made Hadiyanta Purnama Sardi I Made Karnadi I Made Mardika I Made Mardika I Made Minggu Widyantara I Made Minggu Widyantara I MADE MINGGU WIDYANTARA, I MADE MINGGU I Made Nova Wibawa I Made Suniasta Amertha I Made Suwitra I Made Suwitra, I Made I Nengah Laba I Nyoman Alit Puspadma I Nyoman Gede Sugiartha I Nyoman Gede Sugiartha I Nyoman Putu Budiartha I Nyoman Sadhu Bramanta I Nyoman Sumardhika I Nyoman Sumardika I Nyoman Sutama I Nyoman Sutama I NYOMAN SUTAMA I Putu Baladeva Vidyasagara I Putu Gede Seputra I Putu Krisna llham Wiantama I Putu Putra Ariasa I Putu Raditya I Putu Widya Laksana Pendit I Wayan Artanaya I Wayan Arthana I Wayan Arthanaya I Wayan Arthanaya I Wayan Arthanaya I Wayan Febrianto I Wayan Geng Krisna I Wayan Kartika Jaya Utama I Wayan Rideng I Wayan Wesna Astara I Wayan Wesna Astara Ida Ayu Gede Kristina Dewi Ida Bagus Gede Sesana Dharma Indah Permatasari Indah Permatasari Indrawan, Ida Ayu Kartika Irianto, I Ketut Juliantini, Ni Nyoman Kadek Dini Destianingsih Kadek Dyah Pramitha Widyarani Kadek Edi Duangga Putra Kadek Mahadewi Kadek Yogie Adi Pramata Karma, Ni Made Sukaryati Kesuma, I Dw Md Suryawan Wira Ketut Adi Wirawan Ketut Adi Wirawan, Ketut Adi Khanna, I Kadek Agus Dimas Harta Komalasari, Karti Komang Sutriani Komang Triana Ayunita Kori, I Made Sadhu Arta Krisna, Dewa Gede Ary Kusuma , I Gede Dharma Laksmi, Anak Agung Rai Sita Luh Made Mahendrawati Luh Putu Suryati Lukman Hakimi Made Agus Satria Wahyudi Maharani, Ni Putu Laksmi Krisnina Mahendrawati, Ni Luh Mariano Roberto Solsepa Masdewi, Ni Ketut Sinta Michael Lianwar Antolis Muliana, I Wayan Nariasih, Ni Putu Epy Neru, Satrya Raul Ngakan Gede Bagus Widyagraha Ni Gusti Ketut Sri Astiti Ni Ketut Sri Astiti Ni Komang Ayu Sri Widiari Ni Komang Rosi Triana Ayu Nuratih Ni Luh Sandiani Ni Made Ina Sulastini Ni Made Lady Ruslya Ni Made Puspasutari uj Ni Made Puspasutari Ujian Ni Made Puspasutari Ujianti Ni Made Puspasutari Ujianti Ni Nengah Seri Ekayani Ni Putu Diah Agustini Devi Novitasari, Kadek Dwi Nyoman Satria Bismantara Padmawati, A.A. Tri Pande Gede Mantra Artha Wicaksana Pande Putu Gede Parwata Paramitari, Ni Nyoman Ayu Pradiatmika, Putu Putra Pramana, I Gede Aris Eka Purnayasa, I Made Putra, I Putu Agus Sudiyasa Putu Ananda Sari Putu Ayu Irma Wirmayanti Putu Ayu Sriasih Wesna Putu Budiartha, I Nyoman Putu Dyah Prastiti Sukma Febriany Putu Sandiawan Putra Wiranata Putu Suryani . Raymundo, Carlos M. Rina Pratiwi Pudja I. A Rini, I G. A. Intan Saputra Rusnama, I Nyoman Sri Agus Sahadewa, A.A Gede Ananta Wijaya Sari, Kadek Nadya Pramita Semarabawa, Dewa Gede Agung Sentelices, Leovigildo C. Seputra , .PT.GD. Seputra, I Putu Gede Setiaawan, Ida Bagus Trisnha Setiawan, I Putu Yudi Setiawan, I Wayan Ary Setyawan, I Komang Adi Sicaya, Kadek Vegas Ananta Styawati, Ni Komang Arini Sudibya, Diah Gayatri Sugiarta, I Nyoman Gede Sugiartha, I Nyoman Gede Sujana , I Nyoman Suryadewa, Gusti Ngurah Agung Suryani, Luh Putu suryawan, Gusti Bagus Susanthi, I Gusti A.A. Dian Trimarlina, Komang Dara Ujianti , Ni Made Puspasutari Ujianti, Ni Made Puspasutari Umbu Rendhy Ahadie Ndjurumbaha Vibandor, Demosthenes B. Vibandor Villafuerte, Marcelo Roland C. Warmadewa, Anak Agung Putu Eka Putra Widyantara , I Made Minggu Wiguna, I Made Amertha Wiguna, Kadek Hendra Wiguna, Putu Gede Satya Wijaya, I Made Dicky Taruna Wirama, I Dewa Oka Angga Wiranata, I Kadek Suryantara Bagus