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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

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Akibat Hukum dari Wanprestasi dalam Transaksi Jual Beli Secara Instagram Ryan Prastya Mariata Putra; Ida Ayu Putu Widiasti; Ni Made Puspasutari Ujianti
Jurnal Preferensi Hukum Vol. 1 No. 2 (2020): Jurnal Preferensi Hukum
Publisher : Warmadewa Press

The influence of globalization that occurs today has made information and communication technology became something very important for society because it presents a world without boundaries, distance, space, and time. This has made changes to the lifestyles of the people as well as changed the social, economic, cultural, security, and law enforcement. This research was conducted with the aim of describing the rights and obligations of the parties in an Instagram trade agreement and the legal consequences of negligence on an Instagram trade agreement. This research was conducted using normative legal research methods. The results of this study showed that the rights and obligations of the parties to the engagement on Instagram are regulated in the PK Law. Consumers and business actors have their respective rights and obligations. In addition, the legal consequences for a debtor/party who has the obligation to perform in the engagement but has committed negligence, namely: he must pay compensation suffered by the creditor/party who has the right to receive achievement (vide Article 1243 of the Civil Code); he must accept the decision of the engagement accompanied by payment of compensation (vide Article 1267 of the Civil Code); he must accept the transfer of risk from the moment of failure (vide Article 1237 paragraph (2) of the Civil Code); and he must pay court fees if litigated in court (vide Article 181 paragraph (1) HIR).

Penyelesaian Perkara Pelanggaran Hak atas Merek I Gede Mahendra Juliana Adiputra; Ida Ayu Putu Widiati; Ni Made Puspasutari Ujianti
Jurnal Preferensi Hukum Vol. 1 No. 2 (2020): Jurnal Preferensi Hukum
Publisher : Warmadewa Press

The existence of competition causes the original brand owner to feel disadvantaged because the sales result has decreased. It is permissible for someone to use another party's mark as long as they ask permission from the trademark owner first. The owner can give trademark rights to other people as agreed in an agreement. The formulation of the problem in this research is as follows: how is the legal protection of trademark rights and how to resolve violations of trademark rights. The research method used in this research is normative legal research. The results of the discussion in this study are as follows: Legal protection of the right to a trademark has been regulated by Law Number 20 of 2016 concerning Trademarks and Geographical Indications, in the provisions of the Law it is expressly stated that if it has been registered in the law that the right to a trademark has been protected. The sanction imposed on the perpetrator of the crime of trademark rights is a fine of Rp. 20,000,000, - (twenty million rupiah) on condition that if the fine is not paid, he will be subject to imprisonment for 6 (six) months. Settlement of trademark cases can be carried out through institutions that can be used to resolve trademark disputes, including: Alternative Dispute Resolution, Arbitration and Courts. Alternative dispute resolution wants the disputing parties to resolve their own dispute with the aim of obtaining a mutual agreement, if the agreement fails, can take arbitration, namely the disputing parties to be able to resolve the dispute to the arbitration institution based on the agreement, furthermore, if the arbitration is successful the last action is through the court, namely the commercial court which has the authority to adjudicate trademark disputes.

Putusan Pengadilan Agama Badung Nomor 0166/Pdt.G/2017/PA. Bdg Tentang Cerai Gugat Karena Salah Satu Pihak Berbeda Agama I Putu Wina Wirawan; I NYOMAN PUTU BUDIARTHA; NI MADE PUSPASUTARI UJIANTI
Jurnal Preferensi Hukum Vol. 1 No. 2 (2020): Jurnal Preferensi Hukum
Publisher : Warmadewa Press

Marriage is a sacred bond because in that marriage bond there are not only physical and mental bonds but also spiritual bonds based on God Almighty. A lawsuit divorce is the breaking of the husband and wife ties, in which case the wife is the one who filed a divorce suit against the husband. This study aims to determine why religious differences can be used as an excuse for a legal divorce in the Badung religious court and to find out the judges' considerations in cases at the Badung religious court. The type of research used in this research is Empirical Legal Research, which is taken based on facts that occur in the field, which are obtained through explanations from informants and studied with real legal attitudes or in accordance with life in society. The result of this research is that religious differences are used as the reason for a legal divorce in the Badung religious court in fact the marriage law and its implementing regulations do not regulate religious conversion (murtad) as the reason for breaking up a marriage because the State of Indonesia adheres to the principle of religious freedom. However, the KHI in Article 116 letter (k) states one of the reasons for divorce, namely when one of the parties leaves the religion (murtad). 2) The considerations of the panel of judges in a sue divorce case at the Badung religious court already have strong considerations and reasons to be used as a basis for making a decision, such as in the case decision Number 0166 / Pdt.G / 2017 / PA.Bdg. So it can be concluded that Divorce is only said to be valid after a court decision has permanent legal force, and the Panel of Judges in adjudicating a proposed divorce case must know clearly the facts that cause religious conversion.

Peranan Lembaga Pemberdayaan Lembaga Perkreditan Desa (LPLPD) dalam Penyelesaian Kredit Macet I Wayan Sastrawan, Ida Ayu Putu Widyati; Ida Ayu Putu Widyati; Ni Made Puspasutari Ujianti
Jurnal Preferensi Hukum Vol. 1 No. 2 (2020): Jurnal Preferensi Hukum
Publisher : Warmadewa Press

The community in Bali is greatly aided by the credit facilities with the existence of the Village Credit Institution (LPD). The institution is the lifeblood of the village’s economy. Looking through the importance of the LPD’s function, it is necessary to have a special institution having the power of empowering the LPD, so the Village Credit Institution Empowering Agency (LPLPD) is established. This study examines the role of the LPLPD in settling bad credit as well as the procedures for settling the bad credit at the LPD. This issue is examined by the normative legal research method. In empowering the LPD, the LPLPD performs its duties through technical strengthening related to administration and bookkeeping, checking, upgrading, LPD security budget management, LPD supply guarantee budget management, LPD liquidity support budget management, and control of LPD problems. LPLPD also seeks to prevent the risk of bad credit arising in the LPD through coaching that has been planned and scheduled in each district. LPLPD takes preventive or initial preventive action with technical guidance such as administrative guidance, bookkeeping including credit guidance. LPLPD does not participate in direct credit problem solving. On the other hand, these institutions provide solutions to LPD administrators to analyse the problem whether the credit process is due to the fault of the process or because the customer is not able to make payment. If the technical or the credit process that is wrong, it is the responsibility of the manager; however, if the process is correct but the customer causes a problem, the process must go through billing in accordance with the credit agreement. If there is already bad credit, the steps that must be taken are billing, restoration and if these are unhelpful then ultimately an credit guarantee auction is carried out.

Pelaksanaan Eksekusi Jaminan Fidusia dalam Hal Debitur Wanprestasi Pada Koperasi Simpan Pinjam Wisata Bali I Wayan Wahyu Wisnanta; I Nyoman Putu Budiartha; Ni Made Puspasutari Ujianti
Jurnal Preferensi Hukum Vol. 1 No. 2 (2020): Jurnal Preferensi Hukum
Publisher : Warmadewa Press

Cooperatives hold a very positive role in the improvement of people’s welfare in Indonesia, so that the welfare of the wider community can be enhanced significantly. Cooperatives perform a crucial task to improve the standard of living of all members of society. In carrying out its duties, the cooperative also acts as a financial place that has the purpose of providing loans and other money service needs. This study examines the implementation of the fiduciary guarantee execution and the factors that hinder the implementation of the said fiduciary guarantee if the debtor defaults at the Bali Tourism Cooperative. This research was conducted using empirical legal research. The data source of this research is primary data, which is data obtained from research carried out directly in the field and from cooperatives. The results show that the implementation of fiduciary security at the Bali Tourism Savings and Loans Cooperative is in accordance with the Standard Operating Procedures (SOP) owned by the Bali Tourism Savings and Loan Cooperative and does not conflict with existing regulations. Factors hampering the execution of the fiduciary guarantees in the event of defaulting debtors are guarantees that they are not registered at a fiduciary institution due to cost and time. Therefore, in issuing credit with a fiduciary guarantee, the Bali Tourism Cooperative must make an authentic deed before a notary and be registered with the Ministry of Law and Human Rights in order to further ensure legal certainty for negligence in the obligation to treat fiduciary collateral as the responsibility of the fiduciary debtor.

Perlindungan Hukum Terhadap Konsumen yang Dirugikan Atas Kelalaian Pelaku Usaha Cuci Sepatu di Denpasar Timur I Wayan Indra Adi Wicaksana; I Nyoman Putu Budiartha; Ni Made Puspasutari Ujianti
Jurnal Preferensi Hukum Vol. 2 No. 2 (2021): Jurnal Preferensi Hukum
Publisher : Warmadewa Press

Public interest in shoes is a special need, shoes are in great demand by millennials because they are useful for protecting feet. The habit of collecting these shoes arises from the desire of humans to keep their goods so they don't get damaged quickly and stay clean for a Long time. However, there are still cases of damage to shoes that cause Losses to consumers and there is no responsibility from the shoe washing service. The research method used is the type of empirical Law, empirical legal research aims to find facts, and conduct interviews. There are internal and external factors that cause damage to consumer shoes by business actors. So that responsibility for losses cannot be carried out unilaterally between business actors and consumers because there are Legal remedies that can be taken if they are harmed. Lack of knowledge and understanding fromconsumers, makes the position of consumers lower than business actors. So with the existence of Law Number 8 of 1999 concerning Consumer Protection, both parties need to know so that their rights and obligations are not violated.

Perlindungan Hukum Bagi Perusahaan Leasing Terhadap Debitur Wanprestasi Ni Luh Ayu Regita Cahyani; I Nyoman Putu Budlarta; Ni Made Puspasutari Ujianti
Jurnal Preferensi Hukum Vol. 2 No. 2 (2021): Jurnal Preferensi Hukum
Publisher : Warmadewa Press

Disputes often occur in leasing companies, one of them is breach of content. This activity is carried out by the debtor who should have an obligation to carry out achievements in a contract against the leasing company. The purpose of this research is to reveal the form of legal protection for leasing companies and the legal consequences that arise when the debtor makes an interpretation. This research uses normative legal research, which is studied using literature research. Sources of legal materials used are primary legal materials and tertiary legal materials which can support secondary legal materials. The materials that have been obtained are then analyzed using descriptive techniques, where this technique describes legal issues which are then interpreted systematically and grammatically. The results of the research reveal that the standard agreement provided by the leasing party contains rights and obligations that are borne by the debtor and if the obligations cannot be fulfilled, then a subpoena can be given to the debtor if the obligations are not fulfilled, the capital goods that become the object can be withdrawn, as a result. the debtor can lose the rights to the item and the leasing party can terminate the agreement unilaterally.

Tinjauan Yuridis terhadap Penggunaan Jasa Pihak Ketiga (Debt Collector) dalam Menagih Kredit Bermasalah pada PT Adira Dinamika Multifinance TBK Kasirinus Jee Lua; Anak Agung Sagung Laksmi Dewi; Ni Made Puspasutari Ujianti
Jurnal Preferensi Hukum Vol. 2 No. 2 (2021): Jurnal Preferensi Hukum
Publisher : Warmadewa Press

The use of third party services by financing company PT Adira Dinamika Multifinance through a third party Service Company (debt couecton to perform a collection function for consumers or debtors who are difficult to collect by being declared in default. Regulations for the use of third party services by financing companies are regulated in POJK No. /POJK.05/2018 concerning the Implementation of Business Financing Companies, where financing companies can collaborate with other parties (third party services) with the aim of collecting non-performing loans., The consequences of collaboration between third party services and financing companies to collect non-performing loans that the finance company is fully responsible for the cooperation carried out if there is an act that violates the law in accordance with POJK Number 35 / POJK.05 / 2018. However, if the financing company has carried out the prescribed procedure and the third party service continues to commit acts against the law, then the liability will be borne by the third party's services in order to collect non-performing loans. This research uses normative legal research. The technique of collecting legal materials in this study is to collect from literature studies using documentary / recording techniques obtained related to primary, secondary, and tertiary legal materials

Perlindungan Hukum Terhadap Tenaga Kerja Lokal dalam Undang-undang Nomor 11 Tahun 2020 tentang Omnibus Law Cipta Kerja May Linda Iswaningsih; I Nyoman Putu Budiartha; Ni Made Puspasutari Ujianti
Jurnal Preferensi Hukum Vol. 2 No. 3 (2021): Jurnal Preferensi Hukum
Publisher : Warmadewa Press

Regulatory problems and the disharmony of laws and regulations in labor law in Indonesia have forced the government to reform the rules through the omnibus law which aims to reduce the unemployment rate in Indonesia. The concept of a state of law (rechtsstaat) adopted by the Indonesian state includes the protection of human rights as well as legal certainty and is based on the law. Economic development is very important for improving people's welfare. The purpose of this study is to analyze the regulation of the omnibus law of work copyright for local workers in foreign investment companies in Indonesia and the form of legal protection of the omnibus law of work copyright for workers. The type of research used is the type of normative law research with a statutory approach and a conceptual approach. The legal materials used are primary, secondary, and tertiary. The technique of collecting legal materials by analyzing and citing applicable laws and regulations from books, literature, and other sources. The results of the study reveal that the omnibus law concept is one of the breakthroughs to reorganize current regulations. To minimize the occurrence of disharmony and overlapping of existing laws and regulations, the omnibus law is a good plan for structuring regulations. The Indonesian people must formulate new policies that are able to make Indonesia compete with countries in the world to attract investment. These policies must be able to restore the wheels of the slumped Indonesian economy. Regulatory reform is expected to help ensure that laws and regulations in all areas of activity are fully responsive to changing economic, social and technological conditions that surround them.

Penyelesaian Wanprestasi simpan Pinjam pada Koperasi danu Artha Ida Bagus Gede Krismantara Manuaba; Anak Agung Sagung Laksmi Dewim; Ni Made Puspasutari Ujianti
Jurnal Preferensi Hukum Vol. 2 No. 3 (2021): Jurnal Preferensi Hukum
Publisher : Warmadewa Press

Cooperatives as pillars of the national economy are not only expected to be equal to other economic actors, namely BUMN and private sectors but also have a greater role in running an economy characterized by democracy. Legal protection is all forms of efforts to protect human dignity and human rights in the field of law. Legal protection is all forms of efforts to protect human dignity and human rights in the field of law. APS is the designation given to the grouping of dispute resolution through the process of negotiation, mediation, conciliation, and expert rights. This study aimed to examine the legal protections for the parties in the event of a default in the Danu Artha Cooperative and reveal how to resolve the parties who enter into an agreement if there is a default in the Danu Artha Cooperative. This study was designed using empirical research with a sociological approach, regulations, conceptual problems, and cases. The data sources used were primary and secondary data. The results of the study revealed that legal protection in the agreement in cooperatives is important and is the basis for cooperatives in running the cooperative business, and dispute resolution against parties who default is carried out through non-litigation and litigation channels. The non-litigation route did not find a common ground so that the dispute was brought and resolved at the State Receivables and Auctions Agency.

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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Journal : Jurnal Preferensi Hukum (JPH)