Ni Made Puspasutari Ujianti
Faculty Of Law, Universitas Warmadewa

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Perlindungan Hukum bagi Pekerja Dengan Perjanjian Kerja Tidak Tertulis pada Perusahaan Pemberi Kerja Robertus Berli Puryanto; I Nyoman Putu Budiartha; Ni Made Puspasutari Ujianti
Jurnal Interpretasi Hukum Vol. 2 No. 1 (2021): Jurnal Interpretasi Hukum
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (181.418 KB) | DOI: 10.22225/juinhum.2.1.3109.158-162

Abstract

Labor is something that is needed by an employing company in carrying out its economic activities. This can be seen in the constitutional arrangements of the Republic of Indonesia in Article 27 paragraph (2) of the 1945 Constitution of the Republic of Indonesia. In the implementation of the working relationship between workers and the employing company, there are several rights and obligations that must be fulfilled between the two parties. Because there are provisions regarding work agreements that are differentiated based on the form of the agreement, each worker has different rights where these rights must be guaranteed by the company based on law. From this, the problems that will be examined are legal protection for workers with an unwritten work agreement at the employing company, as well as legal remedies that can be taken by workers with an unwritten agreement in the event of a violation of rights by the company. The research method used is normative legal research, namely legal research conducted by examining existing library materials. By examining problems by looking at existing regulations, and describing problems that occur in practice or in everyday life in society. From the research conducted, it was found that legal protection for workers with an unwritten work agreement at the employing company is regulated based on Law Number 13 of 2003 concerning Manpower where the basis is that the applicable work agreement is an indefinite work agreement so that the rights obtained under the provisions of the law. Then efforts that can be made if there is a violation of the law in work relations is based on Law Number 20 of 2004 concerning Industrial Relations Dispute Settlement, namely in the form of Bipartite, Tripartite (Mediation, Consoliation and Arbitration) negotiations, as well as through Trials at the Industrial Relations Court.
Perlindungan Hukum atas Desain Industri Berdasarkan Undang-Undang No 31 T Ahun 2000 Ida Ayu Mas lndriani; Ni Made Jaya Senastri; Ni Made Puspasutari Ujianti
Jurnal Interpretasi Hukum Vol. 2 No. 2 (2021): Jurnal Interpretasi Hukum
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (508.086 KB) | DOI: 10.22225/juinhum.2.2.3430.297-301

Abstract

Intellectual property rights including industrial designs. The idea of ​​industrial design safety is based on the belief that human imagination, taste and initiative are closely linked to industrial design. The state grants protection against new industrial designs. The definition of the rule of law used in the legal protection of industrial designs is based on Law No. 31 of 2000. One of the components in this case is the protection of human rights which is the guideline for the legal protection of industrial designs. There are two forms of industrial design legal protection, which include preventive legal protection and repressive legal protection. This study aims to examine the form of legal protection for industrial designs based on Law No. 31 of 2000 and analyze the legal implications if the design rights holder does not register their industrial designs. This research was designed using normative research with a conceptual approach. The data used are primary and secondary data obtained through documentation and recording. The results of the study indicate that preventive legal protection is contained in the Act which is used to prevent violations and a description of the implementation of obligations while repressive legal protection is security in the form of sanctions for violations that have been committed. In view of this and considering the existence of protection in the form of the industrial design law, the designer can prevent the occurrence of plagiarism of his industrial design by registering his industrial design.
Tanggung Jawab PDAM Kabupaten Gianyar dalam Hal Tidak Mengalirnya Air Secara Sepihak Kepada Konsumen dalam Perspektif Undang-Undang Nomor 8 T Ahun 1999 Komang Adika Bayu Mahendra; Anak Agung Sagung Laksmi Dewi; Ni Made Puspasutari Ujianti
Jurnal Interpretasi Hukum Vol. 2 No. 2 (2021): Jurnal Interpretasi Hukum
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (521.995 KB) | DOI: 10.22225/juinhum.2.2.3431.302-307

Abstract

Water is the most important thing in household and industry. The problem that often occurs in the community regarding water is the non-flow of water, the negligence of PDAM officers, where the consumer is the most at risk of experiencing losses. This study aims to examine the sanctions imposed on PDAM Gianyar Regency for consumer losses for the act of not draining water unilaterally and analyzing legal protection for consumers due to losses for not flowing water unilaterally. The method used is the research is normative law with legislation and conceptual approach. Sources of data are primary legal materials and secondary legal materials, this data was obtained through interviews and literature study. Furthermore, the data is processed and analyzed using a qualitative descriptive method. The results of the study indicate that consumer protection is regulated in Law number 8 of 1999. The responsibility of the PDAM if they receive complaints from consumers, namely the PDAM technician directly goes to the consumer's area to check the cause and point of the problem so that water in the area or consumer's house does not flow. So that the PDAM can quickly deal with it. Legal remedies taken by business actors or PDAMs if there is a dispute, the PDAM prioritizes non-litigation by means of negotiation and mediation by deliberation so as to obtain a joint decision.
Mekanisme Pencairaan Klaim Badan Penyelenggara Jaminan Sosial (BPJS) Ketenagakerjaan Jaminan Hari Tua di Tengah Pandemi Covid-19 Kadek Yuda Kumala T.D; Anak Agung Sagung Laksmi Dewi; Ni Made Puspasutari Ujianti
Jurnal Interpretasi Hukum Vol. 2 No. 2 (2021): Jurnal Interpretasi Hukum
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (331.743 KB) | DOI: 10.22225/juinhum.2.2.3433.315-319

Abstract

For humanity, the right of Indonesian citizens to work and livelihood must be guaranteed. Employment issues are related to the creation of a business climate, security, stability, policies, and laws and regulations, at the local and national levels. It can be a motivating factor or an obstacle at work. The purpose of this study is to find out the legal arrangements for filing claims for BPJS Employment Old Age Security at Prima Medika Hospital Denpasar and to find out the obstacles faced in the claim process for BPJS Employment Old Age Security at Prima Medika Hospital Denpasar. The type of empirical research is the case approach method, and the data collection techniques are interviews and document studies. The results of the study are basically Government regulations No. 46 of 2015 concerning the Implementation of Old Age Guarantees. The program is a cash benefit that is given when you have entered a certain age, do not want to work again, are completely disabled so they cannot work again or die and will be given until the time limit after a minimum of ten years of participation. Lack of natural resources to provide services to claim participants, so that the services provided are also not effective, and the lack of socialization of BPJS Employment on all matters relating to the implementation of Old Age Security.
Penyelesaian Sengketa Penanaman Modal Asing di Indonesia Gusti Ngurah Sudarma Yuda; I Nyoman Putu Budiartha; Ni Made Puspasutari Ujianti
Jurnal Interpretasi Hukum Vol. 2 No. 2 (2021): Jurnal Interpretasi Hukum
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (397.035 KB) | DOI: 10.22225/juinhum.2.2.3440.353-357

Abstract

Speculation plays an awfully critical part in driving the country's financial development rate. This speculation is action carried out by the commerce world in arrange to move forward people's lives. The research aims are to analyze the permitting courses action for the establishment of outside speculation companies within the period of territorial independence, and to examine the resolve debate in remote venture. The inquire about strategy employments regulating lawful inquire about, with issue approach employing statutory approach and conceptual approach. The result shows that the presence PMA amid the territorial independence time, the arrangements taken by BKPMD/BPM Bali to pull financial specialists to contribute in Bali in specific, the BKPMD/BPM Bali still follows to the Letter of the Appointee for National Enterprise Improvement, BPM Number S-35./DU-5BKPM/2001 with respect to field of advancement and universal speculation participation, and debate determination for PMA who commit infringement agreeing to the Law of the Republic of Indonesia Number 25/2007 taken exterior the court through assertion and through the legal. Proposals to the Government within the period of territorial independence, so that in creating more prominent venture climate for outside parties form clear set of rules for speculation
Pertanggungjawaban Lembaga Perkreditan Desa (LPD) Desa Adat Ungasan Atas Ketidakmampuannya dalam Memenuhi Hak Nasabah Pemegang Simpanan I Gede Surya Pratama Putra; I Nyoman Sukandia; Ni Made Puspasutari Ujianti
Jurnal Interpretasi Hukum Vol. 2 No. 2 (2021): Jurnal Interpretasi Hukum
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (348.051 KB) | DOI: 10.22225/juinhum.2.2.3441.358-365

Abstract

LPD is an economic institution belonging to the Traditional Village. LPD is formed, managed by Desa Pakraman, and serves financial transactions only within the internal environment of Desa Pakraman. LPD administrators are elected, stipulated, legalized, and dismissed by means of the village paruman. From all levels the LPD management comes from indigenous peoples and cannot avoid problems that arise in the institution, thus, this research focuses on to manage loans (credit) to customers so as to avoid bad credit at the Village Credit Institution (LPD) Adat Ungasan and to examine the responsibility of the Ungasan Traditional Village Credit Institution (LPD) in fulfilling the rights of customers who hold deposits. The research method used in this research is empirical research method. Based on the research results, it can be concluded that there are four parts to the procedure for giving credit to the LPD, namely: The Credit Section, the Head of the LPD, the Cashier Section and the Bookkeeping Section. Furthermore, all losses of the Ungasan Traditional Village LPD shall be borne by the Traditional Village, in the event that the Traditional Village is able to back up the losses of the Ungasan Customary LPD, provided that the old Ungasan LPD administrators cover all losses to the Traditional Village because the Traditional Village is a communal customary organization or promoting togetherness
Perlindungan Hukum Bagi Pemegang Kartu E-Money Sebagai Alat Pembayaran dalam Transaksi Non Tunai I Kadek Ary Astrawan; I Nyoman Putu Budiartha; Ni Made Puspasutari Ujianti
Jurnal Interpretasi Hukum Vol. 2 No. 2 (2021): Jurnal Interpretasi Hukum
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (495.837 KB) | DOI: 10.22225/juinhum.2.2.3442.366-371

Abstract

Technological developments have brought changes to payments in the form of cash in the form of conventional metal and paper, which have now developed in the form of electronic payment instruments. One means of payment with an electronic or non-cash system is by using an E-Money card. Through Bank Indonesia Regulation Number 20/6 / PBI / 2018, regulations have been stated regarding the application of consumer protection principles which also regulate the financial loss compensation mechanism but have not clearly and in detail how the compensation mechanism is. In this case there is a blur of norms by the ambiguity of this regulation which causes different interpretations between one institution and another. There are two focuses on this research, about investigation of the legal regulatory mechanism against fund card (E-money) owners in conducting digital transactions and the legal protection mechanism in the event of financial loss due to loss of fund card (E-Money). The research method used in this paper is the normative legal research method, namely researching legal principles and examining written regulations. In conclusion, compensation for E-Money can only be done if it is the damage of the issuer. Banks as electronic money issuers are not responsible for the losses of E-Money owners where this rule violates consumer protection principles.
Perlindungan Hukum Terhadap Pekerja Debitur Yang Mengalami Pemutusan Hubungan Kerja Akibat Covid-19 Pada Pt.Astra International Tbk-Honda I Putu Yogi Saputra; I Nyoman Putu Budiartha; Ni Made Puspasutari Ujianti
Jurnal Interpretasi Hukum Vol. 2 No. 3 (2021): Jurnal Interpretasi Hukum
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (205.989 KB) | DOI: 10.22225/juinhum.2.3.4124.484-489

Abstract

Termination of employment during the covid-19 pandemic is a step that must be taken by PT. Astra International Tbk-Honda in order to avoid more severe losses, the legal protection provided to debtor workers who have been laid off during the Covid-19 pandemic has been regulated in Law No. 13 of 2003 concerning Manpower which aims to guarantee all basic rights of workers and guarantee equality and treatment without discrimination on any basis to realize the welfare of workers, especially for workers who have been terminated. The purposes of this research are to reveal the form of legal protection for debtor workers who experience Termination of Employment (PHK) during the Covid-19 pandemic and to study the implications of the government in protecting debtors who experience Termination of Employment (PHK) due to Covid-19. This study uses empirical legal research with a sociology of law approach. The sources of law used are primary and secondary. The techniques for collecting legal materials are recording, summarizing, and quoting techniques and the data that has been collected is then used qualitative analysis techniques. The results of the study reveal that the legal protection provided by the government to workers who have been terminated is by issuing policies in the form of a pre-employment card program and stimulus assistance intended for people who have not worked and workers who have been laid off. The implications of the pre-employment card program policy and stimulus assistance issued by the government were greatly appreciated by one of the workers of PT. Astra International Tbk-Honda who experienced termination of employment, the benefits of the pre-employment card program policy and stimulus assistance were felt to be very helpful in developing the business he had just started.
Sengketa dalam Perkawinan Kedua Tanpa Izin Istri Pertama I Gede Agus Dedy Andika; I Nyoman Gede Sugiartha; Ni Made Puspasutari Ujianti
Jurnal Interpretasi Hukum Vol. 2 No. 3 (2021): Jurnal Interpretasi Hukum
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (179.647 KB) | DOI: 10.22225/juinhum.2.3.4125.490-495

Abstract

Marriage according to Law Number 1 of 1974 concerning Marriage is an inner and outer bond between a man and a woman to form a happy household. The authority of polygamy is not absolute in the hands of the husband, but there are other conditions that must be met, namely obtaining permission from the judge (court). The purposes of this study are to analyze the regulation of criminal sanctions in a second marriage without the permission of the first wife and the legal consequences of a second marriage that does not meet the applicable legal provisions. This study uses a normative legal research method with a statutory approach. Sources of legal materials used are primary and secondary sources of legal materials. Data collection techniques were carried out by examining existing library materials which were then analyzed systematically. The results of the study reveal that criminal sanctions are given in the second marriage without providing incorrect information based on the criminal provisions in PP No. 9 of 1975 which is a lex specialis of the Criminal Code. The legal consequence of the second marriage is that if the husband has remarried or is polygamous without the knowledge of the first wife, the first wife can sue by submitting a request for annulment of the marriage contained in Articles 22-29 of the Marriage Law.
Perlindungan Hukum Bagi Pemilik Kartu Elektronik dalam Transaksi E-Commerceputu Widhiatmika Coryka; I Nyoman Putu Budiartha; Ni Made Puspasutari Ujianti
Jurnal Interpretasi Hukum Vol. 2 No. 3 (2021): Jurnal Interpretasi Hukum
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (219.674 KB) | DOI: 10.22225/juinhum.2.3.4131.525-530

Abstract

Electronic contracts are one of the new forms of contracts that get special protection in Law Number 11 of 2008 concerning Information and Electronic Transactions. In general, electronic contracts are very different from ordinary (conventional) forms of contract, therefore it will be very difficult to directly apply the conditions for the occurrence of conventional contracts to this electronic contract (online contract). The purposes of this study are to reveal the validity of electronic contracts in credit card agreements and legal protection for credit card owners in e-commerce transactions. This research was conducted using normative legal research by applying a statutory approach. The technique of collecting legal materials is carried out by taking inventory of laws and regulations and recording techniques. This study uses primary and secondary legal materials which are then processed using deductive logic with analysis of legal interpretation and legal arguments presented descriptively. The results of the study reveal that in Law Number 8 of 1999 there are regulations that protect the parties who carry out E-Commerce transactions. Electronic contracts are basically the same as written contacts and have legal force and legal consequences as long as they meet statutory requirements. The legal protection provided by Article 26 of Law Number 8 of 1999 provides protection for consumers by requiring business actors who trade services to fulfill the agreed or/or agreed guarantees and/or guarantees.
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 Agung Prama Yoga 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 Manik Sastri, I. I. D. A. 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