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All Journal Sociological Jurisprudence Journal KERTHA WICAKSANA Jurnal Konstruksi Hukum Jurnal Interpretasi Hukum Jurnal Preferensi Hukum (JPH) Community Services Journal (CSJ)

Ni Made Puspasutari Ujianti

Faculty Of Law, Universitas Warmadewa

Author-ID : 3409477

Law, Crime, Criminology & Criminal Justice Social Sciences

Published : 98 Documents Claim Missing Document

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Kedudukan Anak Luar Kawin yang Diangkat oleh Kakeknya di Desa Batukaang, Kecamatan Kintamani, Kabupaten Bangli Ni Nyoman Oktaviani; Ketut Sukadana; Ni Made Puspasutari Ujianti
Jurnal Interpretasi Hukum Vol. 1 No. 1 (2020): Jurnal Interpretasi Hukum
Publisher : Warmadewa Press

Children born out of wedlock are children born to a woman who does not have a legal marriage relationship with a man who has made her give birth to the child. The child does not have a perfect position in the standpoint of the law like a legitimate child in general. The birth of a child is crucial in every family. In terms of family life, children are descendants of the next generation so a child has the right to life and identity as an effort to protect the law. The problem how the adoption of a child born beyond official marriage by his grandfather in Desa Batukaang, the Sub-district of Kintamani, Bangli Regency is executed and what is the inheritance system for such an adopted child in Batukaang Village, Kintamani District, Bangli Regency? The child was appointed by his own grandfather and the reason for the appointment was that the adoptive grandfather did not have a son. The type of research used in this research is an empirical study with a juridical-sociological approach. Types of data are primary data and secondary data, collected through interview and literature review. The procedure for the adoption of the child execution is through customary or noetic way, which is to carry out extortion ceremonies where offerings are religiously and legally made and the child is legally made as a legitimate child in general. Ultimately, the child is legitimate to be the child of the adopting grandfather both in a customary and inheritance legal system, the child inherits all inheritance from the grandfather.

Perlindungan Hukum terhadap Penerima Lisensi Paten dalam Alih Teknologi Kadek Devi Arta Adnyani; I Nyoman Putu Budiartha; Ni Made Puspasutari Ujianti
Jurnal Interpretasi Hukum Vol. 1 No. 1 (2020): Jurnal Interpretasi Hukum
Publisher : Warmadewa Press

License is a contract between the licensor (Licencor) with the licensee (License) in which the licensor with a payment and in certain circumstances gives permission to the licensee to use an intellectual property rights (intellectual property rights). Regarding the types of licenses according Lee and Davidson, differentiate into 2 (two) types of licenses, namely Exclusive and Non Exclusive licenses. Patent license agreements are basically subject to and refer to the provisions of the agreement adopted by the Indonesian State in the Indonesian Civil Code. In this day and age the licenses as outlined in the agreement have the form of standard agreements or standard contracts, in a licensing agreement because it uses a standard contract, it has the potential to cause an imbalance of the parties because some licensing agreements (Lisensor) use clauses that can harm the licensee (License). Refressive legal protection is used, if a license agreement with a standard contract or standard contract used by the licensor of the patent (Licencor) to the recipient of a patent license (License), if it violates a subjective condition in making a patent license agreement then it will cause legal consequences can be canceled (Vernietigbaarheid) whereas if it violates an objective condition it will have legal consequences null and void (Neitigbaarheid).

Akibat Hukum Wanprestasi dalam Perjanjian Waralaba (Franchise) Pempek Farina di Kota Denpasar Kenneth De Lara Lim; I Nyoman Putu Budiartha; Ni Made Puspasutari Ujianti
Jurnal Interpretasi Hukum Vol. 1 No. 1 (2020): Jurnal Interpretasi Hukum
Publisher : Warmadewa Press

Franchise is a business relationship between a brand owner and another party that gives permission for the use of the mark within a certain period. If the parties do not comply with the contents of the franchise agreement, the injured party can sue. The franchise operating in Denpasar is Pempek Farina. Pempek Farina is a franchise business that is engaged in the fast food industry. The purpose of this study is to describe the form of the Pempek Farina franchise agreement in Denpasar and analyze the legal consequences for the franchisee if it violates the Pempek Farina franchise agreement. The purpose of this study is to determine the form of the agreement and determine the legal consequences for the franchisee if it violates the franchise agreement. The research method used is empirical research with a sociological approach. The results showed that the form of the Pempek Farina franchise agreement is a form of underhand agreement, the result of which arises when the franchisee defaults on the agreement, the agreement that has been made may expire. With the provisions of Article 1266 and Article 1267 of the Criminal Code the franchisor will cancel the agreement and ask the franchisee to stop selling the product of the franchisor.

Tanggungjawab Perusahaan Ekspedisi terhadap Kerusakan dan Kehilangan Barang Muatan dalam Pengangkutan Darat Ketut Arie Jaya; I Nyoman Putu Budiartha; Ni Made Puspasutari Ujianti
Jurnal Interpretasi Hukum Vol. 1 No. 1 (2020): Jurnal Interpretasi Hukum
Publisher : Warmadewa Press

Responsibilities of Freight Forwarding Companies in commercial transportation are not easy where risks and events such as damage and loss that occur on cargo goods are very vulnerable to occur so that the Expedition Company suffers losses. This study aims to analyze the factors that cause damage and loss of cargo in land transportation and determine the responsibility of shipping companies for damage and loss of cargo in commercial transportation agreements on land. The method used in this study is an empirical research method with a sociological approach to law. There are two types of data used in this study, namely primary data and secondary data. The technique used in data collection is interviews conducted with informants in the Expedition Company, PT. Indah Cargo Logistic, Denpasar. The results showed that there were two factors that caused the transportation of damaged or missing items, namely system error, cashier error, administration, shrinkage, fraud or fraud from company staff. Label or address attachment error. While external factors include natural factors such as bad weather or rain, traffic accidents, thieve factors, damaged road factors that cause goods to become damaged in the car. From the results of this study, it recommends that the principle of responsibility due to errors and the principle of responsibility due to presumption is very appropriate to be applied in the activities of transporting goods in Indonesia because in addition to protecting the interests of the sender and recipient of goods also gives a sense of security to the transporter in carrying out his duties.

Perlindungan Hukum bagi Pekerja Penyandang Disabilitas pada PT. Sumber Alfaria Trijaya I Wayan Tika Tambunan; I Nyoman Putu Budiartha; Ni Made Puspasutari Ujianti
Jurnal Interpretasi Hukum Vol. 1 No. 2 (2020): Jurnal Interpretasi Hukum
Publisher : Warmadewa Press

At present, there are cases of persons with disabilities being employed in a retail company in the Bali area. The Manpower Act provides provisions for companies to employ people with disabilities. Therefore, companies are required to provide accessibility. This research was conducted with the aim of describing the implementation of legal protection for workers with disabilities at PT. Sumber Alfaria Trijaya based on Law Number 13 2003 and the factors that become obstacles in the application of legal protection for workers with disabilities at PT. Source Alfaria Trijaya. The research method used is an empirical legal research method with a factual approach and a statutory approach. Based on the results of data analysis, the implementation of legal protection provided by PT. Sumber Alfaria Trijaya towards workers with disabilities has not been fulfilled, namely in terms of providing qualified accessibility. Several factors inhibiting the implementation of legal protection efforts for workers with disabilities, namely the law enforcement factor itself and the community factor. So the government is expected to further optimize the supervision of companies that have not implemented the mandate of the law and provide socialization and guidance to companies and workers on the importance of rights and obligations.

Bentuk Perlindungan Hukum bagi Nasabah terhadap Pembobolan Rekening Nasabah oleh Pegawai Bank Riadhi Tedi Putra; I Nyoman Putu Budiartha; Ni Made Puspasutari Ujianti
Jurnal Interpretasi Hukum Vol. 1 No. 2 (2020): Jurnal Interpretasi Hukum
Publisher : Warmadewa Press

Legal protection for customers as consumers in the banking sector is an urgent matter, considering that there have been many incidents of theft of money through customer account hacking, even by bank employees themselves. The type of banking crime observed in this study is a banking crime involving bank employees. The choice of this type of crime is based on the fact that the majority of banking crimes that have recently occurred are committed by people involved as bank management team, so the causative factors need to be found immediately in order to determine the appropriate preventive measures. Based on this, the study uncovers two issues: (1) the form of legal protection for the bank customer regarding the theft of their money through the hacking of their account by a bank employee and (2) the bank’s liability for the theft of money that is committed through hacking of the customer account by bank the employee itself. This study uses a normative research method with a statute approach, a case approach, and a conceptual approach. The results showed that legal protection for bank customer with regard to the theft of money through hacking of customer account by bank employee was realised in the form of a warning against the offender of the hacking. The liability of the bank for the hacking of the customer account by its employee is through the collection and management of customer funds who was the victim of such hacking was carried out based on the principle of trust to ensure the safety of public deposits in the bank.

Perlindungan Hukum Konsumen atas Informasi Harga pada Produk Minuman M Syahrul Bahri; I Nyoman Putu Budiartha; Ni Made Puspasutari Ujianti
Jurnal Interpretasi Hukum Vol. 2 No. 1 (2021): Jurnal Interpretasi Hukum
Publisher : Warmadewa Press

Drinking is one of the main needs of humans in the world that must be fulfilled for activity. Every human being must meet his needs, especially drinks, whether in quantity or in terms of the health of the drink. Therefore, the State must provide security for its people without exception whether it is related to supervision or regulating its circulation. This study aims to explain the legal protection for consumers for information on the price of beverage products listed on the packaging and to explain the resolution efforts regarding the difference between the price on the packaging and the selling price paid. This research used normative legal research, with a juridical approach through the hermenutic method. The data used were secondary and primary data which were analyzed qualitatively. The result of the research showed that the government has provided consumer protection for the provision of accurate information by means of obligations imposed by business actors as well as prohibitions that cannot be violated. The responsibility of business actors to resolve disputes can be pursued through channels outside the court as well as through court channels. The factors that influence the occurrence of a product that is nominally different from the price on the packaging consist of internal factors and external factors. If there is a difference in price on the package and at the time of payment, the cheapest fee will be paid.

Perlindungan Hukum bagi Konsumen pada Bank Beku Operasi Anak Agung Ngurah Bagus Krisna Pratama; Ni Luh Made Mahendrawati; Ni Made Puspasutari Ujianti
Jurnal Interpretasi Hukum Vol. 2 No. 1 (2021): Jurnal Interpretasi Hukum
Publisher : Warmadewa Press

Rapid population growth and current unstable economic growth made it difficult for someone to own a house. Houses in an area are sold by entrepreneurs in cash and credit. Buying housing can be done by crediting banks. On the way the bank was selected to experience bankruptcy resulting in the Bank's Operation Freeze so that the customer was disadvantaged. Research method in this writing uses normative legal research, namely examining problems using a legal basis in the form of statutory regulations and supported by opinions of scholars in the literature. The author in this study discusses two legal issues related to rights and obligations of the parties in the sale and purchase of housing on credit at banks that are declared freeze in operation and settlement efforts if the bank is declared a bank with freeze operations for the customer in buying and selling housing on credit. In this case, customers not yet able to know their rights and obligations as depositors of housing certificate funds at the bank if the bank is frozen in operation and bank that is affected by a freeze operation is also not yet clear on how to resolve if the bank is hit by a freeze operation.

Akibat Hukum Penggunaan Logo Perusahaan PT Pertamina (Persero) oleh Pelaku Usaha Penjual Bahan Bakar Minyak Pertamini Di Kota Denpasar Kadek Dewi Darmayanti; I Nyoman Putu Budiartha; Ni Made Puspasutari Ujianti
Jurnal Interpretasi Hukum Vol. 2 No. 1 (2021): Jurnal Interpretasi Hukum
Publisher : Warmadewa Press

The very high demand for fuel oil in Denpasar is considered as a business opportunity that provides great benefits In the business activity of selling First Oil Fuel business actors use the logo belonging to PT Pertamina to attract consumers The use of the same logo as PT Pertamina is not justified because it does not have a license or license from the trademark owner The research method in this writing uses empirical research The author discusses two legal issues namely the legality of the use of the PT Pertamina (Persero) against the logo of the fuel oil seller trading business in Denpasar City and the sanctions imposed on the business actor selling the Pertamina oil fuel Based on the results of the data obtained it shows that Pertamini does not have a permit from PT Pertamina to use the logo and most of the Pertamini business actors do not have a business license so that the Pertamina business actors can be subject to a maximum imprisonment of 5 (five) years and / or a maximum fine of IDR 2 000 000 000 00 (two billion rupiah) 100 paragraph (1) of Law Number 20 of 2016 concerning Marks and Geographical Indications.

Akibat Hukum Perjanjian Kawin terhadap Pihak Ketiga dalam Perspektif Putusan Mahkamah Konstitusi No. 69/PUU-XIII/2015 Putu Trisna Witariyani; I Nyoman Sujana; Ni Made Puspasutari Ujianti
Jurnal Interpretasi Hukum Vol. 2 No. 1 (2021): Jurnal Interpretasi Hukum
Publisher : Warmadewa Press

Property problems in marriage often occur. With this, the couple can make a marriage agreement for those who want to separate their marital assets. One of the marriage agreement arrangements, which is mentioned in paragraph (1), namely in Article 29 of Law Number 1 of 1974 concerning marriage states that a marriage agreement can be made before the marriage takes place and binds a third party as long as the third party is involved. However, after the issuance of the Constitutional Court Decision No. 69 / PUU-XIII / 2015 the arrangement of the agreement in marriage has changed. This study aims to determine the arrangement of the marriage agreement after the Constitutional Court Decision No. 69 / PUU-XIII / 2015 and knowing the legal consequences for third parties with the existence of a marriage agreement after the issuance of the Constitutional Court Decision No. 69 / PUU-XIII / 2015. The research method used is the Normative research method where the assessment is based on legal materials from the existing literature. The results of the analysis show that the marriage agreement arrangements have changed since the Constitutional Court Decision, where the amendment is that the marriage agreement can be made before or after marriage, applies after marriage unless the parties determine otherwise, and also the marriage agreement can be changed and revoked according to the agreement of the husband and wife. . If the agreement in marriage is registered, the agreement will be enforced for the third party. Couples who want to make a marriage agreement should follow the existing rules so that the marriage agreement is valid and does not harm third parties.

Co-Authors Anak Agung Bagus Ari Satya Dharma Anak Agung Bagus Wirawan Anak Agung Ngurah Bagus Krisna Pratama Anak Agung Sagung Laksmi Dewi Anggia Maharani Putri Arini, Desak Gde Dwi Aurora Mayawa Rissandjani Azizul Anwar Desy Kristiani Rahma Putri Dewa Ayu Warta Meilaningsih Dewa Gede Ananta Prasetya Dewa Ketut Swanjaya Tirta Dwitya Candra Yasa Gde Nanda Radithya Kresnantara Sanjaya Gede Bagus Andika Putra Gede Putra Suardana Gusti Ngurah Sudarma Yuda Gusti Putu Ngurah Gita Pradnyana Putra I Dewa Agung Gede Mahardika Martha I Dewa Gede Angga Bhasudeva I Gede Agus Dedy Andika I Gede Artadi Wira Guna I Gede Mahendra Juliana Adiputra I Gede P Astika Juniartha I Gede Putu J Gusnaedi I Gede Sudiarta I Gede Surya Pratama Putra I Gede Tirtayasa I Gusti Agung Ngurah Anom Deva I Gusti Ngurah Rendra Suryana I Gusti Putu Ghosadhira Vedhastama I Kadek Ary Astrawan I Kadek Surya Juliarnawa I Ketut Sukadana I Ketut Widia I Komang Gede Suwanjaya I Made Arjaya I Nyoman Budiartha I Nyoman Budiartha I Nyoman Gallan Tri Prasuta Purwanta I Nyoman Gede Sugiartha I Nyoman Kerthia Wahyudi I Nyoman Putu Budlarta I Nyoman Sugiartha I Nyoman Sujana I Nyoman Sukandia I Nyoman Sumardika I Puru Gede Seputra I Putu Angga Septayana I Putu Esha Wiryana Putra I Putu Setiawan Ivan Baskara I Putu Wina Wirawan I Putu Yogi Saputra I Wayan Arthanaya I Wayan Indra Adi Wicaksana I Wayan Pertama Yasa I Wayan Sastrawan, Ida Ayu Putu Widyati I Wayan Tika Tambunan I Wayan Wahyu Wisnanta Ida Ayu Gede Putri Satrianingsih Ida Ayu Mas lndriani Ida Ayu Putu Widiasti Ida Ayu Putu Widyati Ida Bagus Gede Krismantara Manuaba Kadek Agus Adi Mego Kadek Ardy Arya Saputra Kadek Bayu Dinata Putra Kadek Dani Arditha Perrnana Kadek Devi Arta Adnyani Kadek Dewi Darmayanti Kadek Dyah Pramitha Widyarani Kadek Mas Aditya Mahottama Kadek Ramdhana Wija Dharma Kadek Yuda Kumala T.D Karma, Ni Made Sukariyati Kasirinus Jee Lua Kenneth De Lara Lim Ketut Arie Jaya Komang Adika Bayu Mahendra Komang Kory Jayani Komang Krisna Hady Saputra Luh Made Mahendrawati Luiter Lubalu M Syahrul Bahri M Syahrul Bahri Made Putri Laras Sapta Ananda Made Wisnuyoga Wardana Martha, I Dewa Agung Gede Mahardika May Linda Iswaningsih Ni Kadek Pingkan Putri Natalia Ni Komang Arini Styawati Ni Luh Ayu Regita Cahyani Ni Made Sasmita Ayuningrum Ni Made Seri Wahyuni Dewi Ni Made Sukariyati Karma Ni Made Wismantari Ni Nyoman Oktaviani Ni Putu Ayu Diah Novianti Ni Putu Gita Padmayani Putu Budiartha, I Nyoman Putu Indri Sri Giyanthi Putu Linda Juli Swandewi Putu Ryan Baskara Putu Suryani . Putu Trisna Witariyani Putu Widhiatmika Coryka Riadhi Tedi Putra Robertus Berli Puryanto Ryan Prastya Mariata Putra Sang Nyoman Angga Diputra Senastri, Ni Made Jaya Wayan Ardi Indra Jaya Widhiatmika Coryka Widiati, Ida Ayu Putu Yoshua Pramana Kawi

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