Garuda - Garba Rujukan Digital

Article Per Year (5 Year)

p-Index From 2020 - 2025

2.383

P-Index

This Author published in this journals

All Journal Jurnal Konstruksi Hukum Jurnal Interpretasi Hukum

Desak Gde Dwi Arini

Univesitas Warmadewa

Author-ID : 3409560

Law, Crime, Criminology & Criminal Justice Social Sciences

Published : 16 Documents Claim Missing Document

Claim Missing Document

Articles

1 2

Pengaturan Jumlah Minimal Modal Dasar pada Pendirian Perseroan Terbatas I Gusti Ayu Manik Maharani; Desak Gde Dwi Arini; Luh Putu Suryani
Jurnal Konstruksi Hukum Vol. 1 No. 2 (2020): Jurnal Konstruksi Hukum
Publisher : Warmadewa Press

In Article 33 of the Company Law, regarding the regulation of the capital of a PT, it is determined that at least 25% of the authorized capital in Article 32 of the Company Law must be issued and fully paid. This study aims to determine the regulation of the minimum amount of authorized capital at the establishment of a PT and to find out the consequences of the legal position of a PT established with an amount of authorized capital that is less than the provisions in the Company Law. This study uses a normative legal research method with a statutory approach and legal concepts. The results of the study show that the arrangement of the authorized capital of PT in PP Number 29 of 2019 is contrary to Article 32 paragraph (1). Establishing a PT to obtain a legal entity is not enough by making the Articles of Association of a PT, but it must be submitted for approval to obtain legal entity status. The legal consequence is that PT which has an authorized capital amount is less than the provisions in the Company Law. PT does not have legal entity status because after the deed of establishment or the Articles of Association of the PT has been completed, to obtain legal entity status one must submit an application to the Minister of Law and Human Rights for approval. Through this research, it is hoped that the government will immediately conduct an assessment and evaluation of laws and regulations, especially in the field of corporate law

Perjanjian Kawin yang Tidak Didaftarkan dalam Perkawinan Campuran Desak Putu Kania Pratiwi; I Nyoman Putu Budiartha; Desak Gde Dwi Arini
Jurnal Konstruksi Hukum Vol. 1 No. 2 (2020): Jurnal Konstruksi Hukum
Publisher : Warmadewa Press

Humans are naturally born as individual and social beings, destined to have a life partner to have offspring and made a happy family. In marriages, both marriages between countries or different nationalities have legal problems regarding injustice in exercising the rights and obligations of the husband or wife. The existence of a marriage promise is very important to protect these rights and obligations. This research explains how legal the status of the marriage agreement in marriage and the responsiveness the law of an agreement that is not registered. This research used normative legal research and analysis uses interpretative, systematic, and argumentative methods. Sources of data in this study are sources of primary and secondary legal materials. The result of the research is the legal position of the marriage agreement in mixed marriages, which is to provide legal certainty in carrying out legal actions on assets under control, either inherited or acquired after or during marriage, as well as providing protection for the rights and obligations of each party in managing the house stairs. Second, the legal consequence of a marriage agreement that does not register in a mixed marriage is that the marriage agreement is still binding on both parties, but the marriage agreement does not bind a third party or there is a legal action committed against the property under their respective control.

Wanprestasi dalam Perjanjian Kredit pada Lembaga Perkreditan Desa (LPD) di Desa Bebetin Kecamatan Sawan Kabupaten Buleleng Kadek Dwinta Pradnyasari; Johannes Ibrahim Kosasih; Desak Gde Dwi Arini
Jurnal Konstruksi Hukum Vol. 2 No. 2 (2021): Jurnal Konstruksi Hukum
Publisher : Warmadewa Press

Agreement is the most important source that gives birth to the engagement. One form of engagement in the sources of the agreement is the extension of credit from the bank. This research uses empirical legal research type, data collection techniques in this study using field research. The procedure for granting credit consists of several stages, namely the credit application stage, the location survey stage for prospective debtors, the analysis stage, the decision-making stage, and the credit disbursement stage. The results of the analysis found that the factors that cause default are internal factors and external factors. Internal factors are caused by debtors who are not credible and also unstable economic factors in the midst of the Covid-19 pandemic which caused debtors to be unable to pay arrears in the LPD. External factors from the LPD take a persuasive approach to further handling problematic debtors. The purpose of this study is the procedure for granting credit and binding credit agreements carried out in the LPD Desa Pakraman Bebetin, Sawan District, Buleleng Regency, how are the factors that cause default in LPD Desa Pakraman Bebetin, District of Sawan, District of Buleleng.

Perjanjian Kerjasama pada Perusahaan Pertamina (Persero) Akibat Wanprestasi I Wayan Eka Yasa; I Nyoman Putu Budiartha; Desak Gde Dwi Arini
Jurnal Konstruksi Hukum Vol. 2 No. 2 (2021): Jurnal Konstruksi Hukum
Publisher : Warmadewa Press

The characteristic form of the SPBU entrepreneur's cooperation agreement with PT. Pertamina (Persero) is using a standard or standard agreement. The formulation of the problem is how the characteristics of the cooperation agreement at PT. Pertamina (Persero) with SPBU entrepreneurs, and the legal consequences of default in the cooperation agreement at PT. Pertamina (Persero). The research method uses normative legal research, with a problem approach using a statutory approach and a conceptual approach. The concept of a standard agreement in terms of form, in this research there is always a written agreement, the growth of which is now mostly achieved in a written form that uses standardized agreements, with the intention of taking concrete actions to save time, money and energy.If the implementation of the cooperation agreement between the SPBU entrepreneur and PT is violated, there will be legal consequences. Pertarnina (Persero) through non-litigation and litigation methods. Not confusing because it has been promulgated by Law no. 30 of 1999. the purpose of this study, among others, to determine the form of the characteristics of the cooperation agreement at PT. Pertamina (Persero) with SPBU entrepreneurs as well as knowing the legal consequences of default in the cooperation agreement at PT. Pertarnina (Persero).

Perjanjian Pinjaman Online Berbasis Financial Technology (Fintech) Ni Made Eka Pradnyawati; I Nyoman Sukandia; Desak Gde Dwi Arini
Jurnal Konstruksi Hukum Vol. 2 No. 2 (2021): Jurnal Konstruksi Hukum
Publisher : Warmadewa Press

Financial Technology (Fintech) is a technology alternative that facilitates loan transactions that can be done online. Online loans create new problems such as rampant fraud and default. Referring to the problems described, this research was conducted with the aim of explaining the legal position of financial technology-based online loan agreements (Fintechl), and knowing the legal protection of creditors who provide financial technology-based online loans (Fintech). This research used normative legal research. Sources of data are primary and secondary legal materials, data are combined with recording techniques in obtaining primary and secondary legal materials, namely examining several reading materials such as journals, scientific books and statutory regulations. After the data is collected, it is then analyzed qualitatively. The result showed that the legal position of online loan agreements based on financial technology (Fintech) when reviewed legally, the online agreement is legally valid because it has a basis, namely Article 1320 of the Civil Code and the validity of the evidence used refers to law Number 11 of 2008 concerning Article 5 of the ITE Law on information, documents and electronic signatures. Legal protection for creditors in an online loan agreement based on financial technology (Fintech) consists of preventive legal protection and repressive legal protection.

Pertanggungjawaban Bank Terhadap Nasabah yang Menjadi Korban Kejahatan yang Dilakukan Oleh Oknum Internal Bank I Putu Wiradharma Putra Yudha; Johannes Ibrahim Kosasih; Desak Gde Dwi Arini
Jurnal Konstruksi Hukum Vol. 2 No. 3 (2021): Jurnal Konstruksi Hukum
Publisher : Warmadewa Press

Banks are the only financial institutions that are trusted by the people who play a role in the economy, so that in their activities there are elements of stakeholders who commit acts against the law in the banking world. This study aims to analyze crimes committed by internal bank employees and reveal legal liability to the bank if there are crimes committed by internal elements or bank employees. This study uses normative legal research with a statutory approach and a conceptual approach. The data used are primary and secondary data obtained through recording and documentation techniques, then the data processed and analyzed will be processed and analyzed using a systematic legal material processing method. The results of the study stated that in banking there are two types of violations, namely banking crimes and crimes in banking. In relation to crimes in the banking sector, Law no. 7/1992 as amended by Law No.10/1998 on banking. Accountability cannot be borne by the bank as a corporation, but this burden is imposed or carried out by way of the debtor to individuals who commit crimes in the banking sector.

Perlindungan Hukum Bagi Investor Terkait Pembubaran Badan Hukum Reksa Dana I Gede Satyawan Pradnya Wiguna; I Nyoman Budiartha; Desak Gde Dwi Arini
Jurnal Konstruksi Hukum Vol. 3 No. 1 (2022): Jurnal Konstruksi Hukum
Publisher : Warmadewa Press

Mutual funds are investment instruments regulated in regulation number 23/POJK/04/2016 concerning mutual funds, as a guide for investment managers in protecting the rights of investors. Lack of carefulness of investors in choosing mutual fund products and determining the right and safe investment manager, so that legal protection is needed for mutual fund investors. The purpose of this study is to reveal the legal protection for mutual fund investors related to the dissolution of the mutual fund management legal entity where investors invest their capital. The method used in this study is a normative legal method with a statutory approach. The technique of collecting legal materials is done by classifying legal materials. Sources of legal materials used are primary and secondary law. After the data was collected, the data were analyzed by descriptive analysis. The results of the study reveal that the legal consequences for investors related to the dissolution of the mutual fund managing legal entity are regulated in Article 50 of the OJK regulation if the mutual fund product is dissolved the investor cannot resell after the dissolution of the mutual fund product. If there is a loss to the mutual fund product caused by the investment manager, the investment manager must be responsible for the loss due to his actions.

Akibat Hukum terhadap Investor karena Adanya Penghapusan Pencatatan (Forced Delisting) Perusahaan Terbuka di Pasar Modal Ida Bagus Rama Pratistha; I Nyoman Putu Budiartha; Desak Gde Dwi Arini
Jurnal Konstruksi Hukum Vol. 3 No. 1 (2022): Jurnal Konstruksi Hukum
Publisher : Warmadewa Press

The advancement of the technology era has made the Capital Market the most popular investment instrument today. The capital market is a high risk investment instrument due to the forced delisting of shares in the Capital Market. The purposes of this study are to reveal the regulation of forced delisting in the capital market and the legal consequences for investors due to forced delisting of public companies in the capital market. This research is a normative legal research with a statutory and conceptual approach. The sources of legal materials used are primary and secondary sources of legal materials which are collected using an inventory technique and then analyzed normatively in order to interpret the law (interpretation). Based on the results of the study, it is known that the regulation regarding delisting has been stated in the Capital Market Law and the Indonesian Stock Exchange regulations but there is no form of regulation that protects investors if the company experiences Forced Delisting. The legal consequences that are felt are the contamination of the company's reputation and the company's shares will lose interest, and for investors, investors will lose their investment.

Kedudukan Bank Indonesia (BI) sebagai Pemohon Pailit Setelah Berdirinya Otoritas Jasa Keuangan (OJK) I Komang Mudita Mudita; I Nyoman Sujana; Desak Gde Dwi Arini
Jurnal Interpretasi Hukum Vol. 1 No. 2 (2020): Jurnal Interpretasi Hukum
Publisher : Warmadewa Press

In its development banking institutions play a very important role and Act Number 3 of 2004 concerning About Bank Indonesia. After the birth of Law Number 21 of 2011 concerning the Financial Services Authority. It is very interesting to study. What are the considerations taken by Bank Indonesia as a Bankrupt Petitioner after the existence of the Financial Services Authority and What is the Role of Bank Indonesia in Resolving Bankrupt Requests Against Banks. In this study the author uses the type of normative research from primary legal sources secondary legal materials. Article 2 paragraph (3) No. 37 of 2004 concerning Bankruptcy and Suspension of Debt Payment Obligations gives Bank Indonesia sole authority to submit bankruptcy applications to banks as creditors. the results of this study indicate that the authority to submit bankruptcy bank applications after the establishment of the Financial Services Authority the Financial Services Authority is to take into account whether the banks status has a systemic impact when the bank is filed for bankruptcy statements. The Financial Services Authority in this case can request consideration with Bank Indonesia about systemic impact of a bank. But the fact is Bank Indonesia still has authority of macropudentials

Pembagian Hak Atas Tanah Waris dalam Hukum Adat Bali I Putu Angga Aptina; Anak Agung Istri Agung; Desak Gde Dwi Arini
Jurnal Interpretasi Hukum Vol. 1 No. 2 (2020): Jurnal Interpretasi Hukum
Publisher : Warmadewa Press

The issue of inheritance disputes among the village community is very frequent. For this reason, written and unwritten laws are needed for the implementation of a fair distribution of inheritance for each people. The research method used is the Empirical research method, the approach is to see the law in a real sense or it can be said to see researching how the law works in society. The results showed that as a manifestation of mutual respect and an attitude of living in harmony, always strived for dispute resolution through family deliberations. Peaceful settlement is prioritized to maintain balance in social life. Peaceful resolution is also intended to eliminate feelings of resentment resulting from disputes that arise. Peaceful settlement in life in the village is seen as necessary and a necessity to maintain harmony in dispute resolution. It is hoped that the problem can be resolved amicably in a friendly manner.

Co-Authors Anak Agung Istri Agung Anak Agung Laksmi Dewi Desak Putu Kania Pratiwi Dewa Ayu Gita Trisna Dewi I Gede Satyawan Pradnya Wiguna I Gusti Ayu Manik Maharani I Komang Mudita Mudita I Made Arjaya I Nyoman Budiartha I Nyoman Sujana I Nyoman Sukandia I Putu Angga Aptina I Putu Wiradharma Putra Yudha I Wayan Eka Yasa Ida Bagus Rama Pratistha Johannes Ibrahim Kosasih Kadek Dwinta Pradnyasari Leomardo Ebedkena Tabuni Ni Gusti Ketut Sri Astiti Ni Luh Gede Suwarni Ni Luh Putu Emi Sukasih Ni Made Eka Pradnyawati Putu Budiartha, I Nyoman Putu Suryani . Yogi Kristanto

Title

Found 16 Documents
Search

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Title Search

Found 16 Documents Search

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Title

Found 16 Documents
Search