Widiati, Ida Ayu Putu
Fakultas Hukum Universitas Warmadewa, Denpasar

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Tanggung Jawab Pemerintah Terhadap Penanggulangan Covid-19 dalam Rangka Pelayanan Medis di Rumah Sakit Ni Komang Rosi Triana Ayu Nuratih; I Ketut Kasta Arya Wijaya; Ida Ayu Putu Widiati
Jurnal Preferensi Hukum Vol. 2 No. 2 (2021): Jurnal Preferensi Hukum
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (186.441 KB) | DOI: 10.22225/jph.2.2.3317.248-253

Abstract

Health is an important aspect and become a measure of the welfare of the people of a country. The development of national development, one of them is in the health sector, must be in accordance with and based on Pancasila and the 1945 Constitution of the Republic of Indonesia. The purpose of this research is to reveal the government's responsibility for handling Covid-19 patients and legal protection for Covid-19 patients medical services in the hospital. The research method used is normative. The assessment is carried out by means of a literature study which is specifically related to law in the health sector. The data sources used were prmiary, secondary and tertiary sources and were analyzed systematically. The result of this research indicates that the responsibility of the government for Covid-19 patients provides rights to patients regulated in related regulations. If the government and parties who violate the rights that should be received by Covid-19 patients, they can be subject to sanctions in accordance with applicable regulations. Legal protection or the issuance of legal rules regarding the rights of Covid-19 patients aims to protect the community itself.
Perlindungan Hukum Terhadap Franchisee Akibat Pemutusan Sepihak dalam Perjanjian Franchise I Gusti Ngurah Md Rama Andika; Ni Luh Made Mahendrawati; Ida Ayu Putu Widiati
Jurnal Preferensi Hukum Vol. 2 No. 3 (2021): Jurnal Preferensi Hukum
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (171.585 KB) | DOI: 10.22225/jph.2.3.3989.491-495

Abstract

In the implementation of a franchise agreement, it is not uncommon for the agreement not to be implemented due to a unilateral termination by the franchisor. Considering that the franchisee in the franchise agreement is in a weaker position, in the event of a unilateral termination, it will suffer a large loss. However, in the laws and regulations, there are no clear arrangements for the protection of franchisees who experience unilateral termination who actually experience losses. The purpose of this study is to analyze the franchise agreement may be terminated unilaterally by the franchisor and the legal protection of the franchisee against the unilateral termination of the franchise agreement by the franchisor. This study uses normative legal research methods using primary legal materials, with the types of approaches used are statutory approaches, case approaches and conceptual approaches. Legal sources are then analyzed systematically. Based on the results of the study, it can be concluded that basically the franchise agreement cannot be terminated unilaterally unless the void conditions stated in the contract have been fulfilled and legal protection for the franchisee against the losses he has suffered can be sued for compensation based on default.
Pengenaan Pajak Penghasilan (PPH) atas Peralihan Hak atas Tanah atau Bangunan I Ketut Gede Purnayasa; Ida Ayu Putu Widiati; Luh Putu Suryani
Jurnal Preferensi Hukum Vol. 2 No. 3 (2021): Jurnal Preferensi Hukum
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (172.51 KB) | DOI: 10.22225/jph.2.3.3994.519-524

Abstract

The imposition of income tax on land and buildings is the imposition of tax with applicable provisions and is carried out by individuals or legal entities. The purpose of this study is to reveal the regulation regarding the imposition of income tax on the transfer of rights to land and or buildings and the mechanism for imposing income tax on the transfer of rights to land and or buildings. The research method used is normative legal research with a statutory approach and a conceptual approach. The sources of legal materials used are primary, secondary and tertiary sources of legal materials. The materials that have been obtained are then analyzed using qualitative analysis techniques where the assessment is carried out deductively, in order to produce data that is descriptive analytical. The results of the study reveal that the regulation regarding the imposition of income tax on land and buildings is carried out in accordance with the provisions in Article 4 paragraph (2) letter (d) of the Income Tax Law, in which the imposition of taxes is absolute. On this basis, the imposition of income tax including the nature, amount and procedure for its payment, as well as its withholding and collection is regulated by PP. 71 Year 2008. And the mechanism of imposition of taxes has been regulated in PP no. 34 of 2016 especially in article 2 paragraph (1).
Sanksi Pidana Terhadap Pelaku Pemalsuan Surat Rapid Test di Masa Pandemi Covid- 19 I Kadek Candra Karunia Bagiarta Putra Sugiantara; I Nyoman Gede Sugiartha; Ida Ayu Putu Widiati
Jurnal Preferensi Hukum Vol. 2 No. 3 (2021): Jurnal Preferensi Hukum
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (168.051 KB) | DOI: 10.22225/jph.2.3.3995.525-529

Abstract

The outbreak of the Covid-19 virus has caused the Indonesian government to take a serious policy in tackling the spread of this virus by imposing regional restrictions. This policy has led to the falsification of the COVID-19 rapid test certificate and the collection of rapid management fees at inflated prices. The purpose of this study is to uncover the criminal act of counterfeiting a rapid test letter and the legal sanctions for counterfeiting a rapid test letter. This research is a type of normative legal research with statutory law and factual law. Sources of legal materials used in the form of primary and secondary legal materials. The technique of collecting legal materials in this research is recording and recording which is then analyzed deductively and inductively logic. The results of the study reveal that letter falsification is regulated in Articles 263 to 267 of the Criminal Code, besides that it is also regulated in Article 7 of the medical code of ethics. If the doctor is proven to have committed the falsification himself, then the liability is punishable by a maximum of 4 years and administrative sanctions.
Analisis Yuridis Money Politic oleh Calon Anggota Dewan Perwakilan Daerah dalam Pemilihan Umum Ade Marcelian Pande; Ida Ayu Putu Widiati; I Wayan Arthanaya
Jurnal Preferensi Hukum Vol. 2 No. 3 (2021): Jurnal Preferensi Hukum
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (186.786 KB) | DOI: 10.22225/jph.2.3.4023.599-602

Abstract

Money politics is a crime against democracy as aspired by the Indonesian state, especially against money politics crimes committed by Regional Representative Council Candidates. This study aimed to examine the forms of money politics in general elections and to reveal sanctions against candidates for Regional Representative Council Candidates who committed money politics. This study is normative research with a statutory approach. The sources of data used were primary and secondary data. Data were collected through reading activities, which were carried out by collecting existing legal materials or studying documents from existing laws and regulations and other supporting instruments. The results of the study indicated that the regulation of money politics is regulated in the constitution and some special legal regulations. The form of money politics is in the form of money, public facilities, basic needs, and projects. The sanctions applied are imprisonment and fines or imprisonment instead of fines. Criminal sanctions are applied to perpetrators who gave or received all forms of money politics, which is used as a strategy to win political contestations
Efektivitas Peran Pemerintah Daerah dalam Mencegah Terjadinya Pemutusan Hubungan Kerja pada Masa Pandemi Covid-19 di PT. Bali Maya Permai Kabupaten Jembrana Dewa Ketut Swanjaya Tirta; I Nyoman Putu Budiartha; Ida Ayu Putu Widiati
Jurnal Preferensi Hukum Vol. 3 No. 1 (2022): Jurnal Preferensi Hukum
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (154.972 KB) | DOI: 10.55637/jph.3.1.4591.1-6

Abstract

The existence of the Covid-19 Pandemic, in addition to taking many lives, also has a broad impact on the economy. Many companies experience bankruptcy and layoffs. Only companies that are quick to implement efficiency policies can survive and not give massive losses to the workforce. PT. Bali Maya Permai in this pandemic situation, resulted in employment problems. This study aims to examine the effectiveness of the implementation of industrial relations during the Covid-19 pandemic at PT. Bali Maya Permai and reveals the role of the Jembrana Regency Government in preventing layoffs during the Covid-19 pandemic at PT. Bali Maya Permai. This study is designed using empirical legal research with a sociological juridical approach. The data used are primary and secondary legal data obtained through interview techniques, observation and questionnaires, and archives. Furthermore, the data are analyzed qualitatively. The result of the study shows that industrial relations during the Covid-19 pandemic at PT. Bali Maya Permai is not completely running well because there are still labor problems. The preventive juridical and socio-economic steps taken by the Jembrana district government to prevent termination of employment were not entirely successful, because layoffs were still occurring. In this regard, it is recommended that employers respect the rights of workers so that industrial relations can run well and harmoniously.
Pertanggungjawaban Tindak Pidana Pencurian yang Dilakukan oleh Seorang Kleptomania Komang Sutriani; Ida Ayu Putu Widiati; Ni Made Sukaryati Karma
Jurnal Preferensi Hukum Vol. 3 No. 1 (2022): Jurnal Preferensi Hukum
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (164.65 KB) | DOI: 10.22225/jph.3.1.4626.68-72

Abstract

Kleptomania is a condition in which an individual has control problems within himself to take. The mindset here is not only crazy people who are annoyed with reason and mind but also various psychological diseases. There are several cases of frequent thefts caused by kleptomaniac sufferers and in this case a research objectives are formulated, namely regulating the crime of theft committed by a kleptomaniac and criminal liability for the crime of theft committed by a kleptomaniac. This research is a normative legal research with a case and legislation approach. The technique of collecting legal materials that the author uses in this research is a literature study. Sources of legal materials used are primary and secondary legal sources. The legal material analysis technique used is descriptive technique. The findings of this study reveal that cases like this have been regulated in Article 44 paragraph (1) of the Criminal Code. The results from the assessment of the perpetrator at a specialist doctor can be used as legal evidence, to be considered by the judge in determining whether the perpetrator is then placed in a mental health polyclinic or not. in recovery.
Pelaksanaan Pemenuhan Program Badan Penyelenggara Jaminan Sosial Ketenagakerjaan Terhadap Pekerja (Studi Pada Bali Safari and Marine Park) I Dewa Gede Dwipayana Putra; I Nyoman Putu Budiartha; Ida Ayu Putu Widiati
Jurnal Preferensi Hukum Vol. 3 No. 1 (2022): Jurnal Preferensi Hukum
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (166.139 KB) | DOI: 10.22225/jph.3.1.4664.115-119

Abstract

The role of workers is very important for the development of the national economy, therefore the higher the challenges and risks that will be faced by the workers so that all need to be given protection, maintenance, and improvement of welfare for workers who become basic protectors with the aim of meeting the needs of life for workers. The purposes of this study are to analyze the implementation of the agency's program for administering employment social security for workers in Bali Safari and Marine Park as well as the obstacles and efforts made by Bali Safari and Marine Park workers in implementing the program of the agency for administering labor social security. This research method is an empirical research with a case and conceptual approach. The data collection technique was carried out by observation techniques in the form of interviews. The data sources used are primary and secondary legal sources. After the data is collected, it is then analyzed qualitatively. The results of the study revealed that the protection of workers was not appropriate in fulfilling the Organization for Employment Social Security at the Bali Safari and Marine Park company as stipulated in Law no. 40 of 2004 concerning Social Security, because not all workers are registered in the program of the Social Security Administering Body. The obstacles faced by workers are related to the working period which is only 1 to 3 months, especially for casual daily workers, and extensions will not necessarily be carried out, because there are already permanent and contract workers in their respective fields.
Pelaksanaan Pengelolaan Objek Wisata Mandala Suci Wenara Wana oleh Desa Adat Padangtegal, Kecamatan Ubud, Kabupaten Gianyar Ni Komang Ayu Sri Widiari; Ida Ayu Putu Widiati; Luh Putu Suryani
Jurnal Preferensi Hukum Vol. 3 No. 1 (2022): Jurnal Preferensi Hukum
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (169.296 KB) | DOI: 10.22225/jph.3.1.4688.223-228

Abstract

Tourism objects can be regarded as natural resources, the results of their use resulting in an increase in the economy. The surrounding nature in Bali is used as an attractive tourist destination such as the Mandala Suci Wenara Wana tourist attraction which is managed directly independently by the Padangtegal Traditional Village. Management still looks a lot that is not in accordance with the procedures, seen in terms of environmental protection, there is still garbage disposal. For this reason, this study examines the implementation of the management of the Mandala Suci Wenara Wana tourism object, Padangtegal Traditional Village, Ubud District, Gianyar Regency and explains the implications of implementing the management of the Mandala Suci Wenara Wana tourist attraction which is managed by the Padangtegal Traditional Village, Ubud District, Gianyar Regency. This study was designed with empirical legal research with a sociology of law approach, the data sources used were two, namely primary and secondary legal materials. To obtain valid data, researchers collected data using observation, documentation, and interview techniques. The results of the study indicate that the implementation of the management of the Mandala Suci Wenara Wana Tourism object has not run optimally because there is a vacancy in the arrangement of the party who has the authority to carry out the management to date. The implications of managing the Mandala Suci Wenara Wana Tourism Object from an economic point of view are the use of land as a place of business, and enjoying free parking facilities in the tourist attraction area, but the comfort and safety of the people around the object are disturbed due to the presence of monkeys that often roam to people's homes.
Kajian Yuridis Penggunaan Koin Kripto sebagai Alat Pembayaran di Indonesia Kadek Dyah Pramitha Widyarani; Ida Ayu Putu Widiati; Ni Made Puspasutari Ujianti
Jurnal Preferensi Hukum Vol. 3 No. 2 (2022): Jurnal Preferensi Hukum
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55637/jph.3.2.4934.300-305

Abstract

The presence of crypto coins as a new thing in society certainly requires an attitude from a legal aspect. The rapid development of crypto coins makes many people believe that crypto coins will become a means of payment in the future. This study aims to determine the regulation of payment instruments in Indonesia and the legal consequences if crypto coins are used as payment instruments in Indonesia. This research is normative legal research, namely research with studies through literature studies based on primary and secondary legal materials. The problem approach used is a statutory approach and a conceptual approach. The results of this study show concretely that crypto coins are illegal means of payment. The use of crypto coins as a means of payment in Indonesia is not in accordance with the law and is an act that is against the law so it can have legal consequences. Crypto coins do not have a legal basis to be used as a means of payment in Indonesia. Payments using crypto coins that are prohibited by law are considered illegal payments so they can get sanctions.
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 Ayu Yuliany Adisti Budayasa, I Made Darma Budi Setiawan Dendy Martono Prabowo Dewa Ketut Swanjaya Tirta Dewi, A.A Agung Laksmi Dinda Aurelia Danian Fransiskus Leric Kleden Garry Gerrson Riwu 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 Kadek Arimbawa I Kadek Candra Karunia Bagiarta Putra Sugiantara I Kadek Edy Sanjaya I Kadek Windi Pranata Putra I Ketut Adi Gunawan I Ketut Gede Purnayasa I Ketut Irianto I Ketut Irianto I Komang Edy Susanto I Made Adi Karsa I Made Andi Putra Mahardika I Made Ari Nurjaya 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 Minggu Widyantara I Made Minggu Widyantara I Made Nova Wibawa I Made Suniasta Amertha I Made Suwitra I Made Suwitra, I Made 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 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 Rideng I Wayan Wesna Astara I Wayan Wesna Astara Ida Ayu Gede Kristina Dewi Ida Bagus Gede Sesana Dharma Indah Permatasari Indah Permatasari Irianto, I Ketut Kadek Dini Destianingsih Kadek Dyah Pramitha Widyarani Kadek Edi Duangga Putra Kadek Mahadewi Kadek Yogie Adi Pramata Karma, Ni Made Sukaryati Ketut Adi Wirawan Ketut Adi Wirawan, Ketut Adi Komang Sutriani Komang Triana Ayunita Luh Made Mahendrawati Luh Putu Suryati Lukman Hakimi Made Agus Satria Wahyudi Mariano Roberto Solsepa Michael Lianwar Antolis 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 Nyoman Satria Bismantara Pande Gede Mantra Artha Wicaksana Pande Putu Gede Parwata Putu Ananda Sari Putu Ayu Irma Wirmayanti Putu Budiartha, I Nyoman Putu Dyah Prastiti Sukma Febriany Putu Sandiawan Putra Wiranata Putu Suryani . Rina Pratiwi Pudja I. A Setiawan, I Putu Yudi Suryani, Luh Putu suryawan, Gusti Bagus Umbu Rendhy Ahadie Ndjurumbaha Wiguna, Putu Gede Satya