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All Journal Jurnal Konstruksi Hukum Jurnal Interpretasi Hukum

Desak Gde Dwi Arini

Univesitas Warmadewa

Author-ID : 3409560

Law, Crime, Criminology & Criminal Justice Social Sciences

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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.

Perjanjian Jual Beli Tanah Hak Milik Debitur Pailit yang Dijaminkan di Bank Leomardo Ebedkena Tabuni; I Made Arjaya; Desak Gde Dwi Arini
Jurnal Interpretasi Hukum Vol. 1 No. 2 (2020): Jurnal Interpretasi Hukum
Publisher : Warmadewa Press

In connection with the sale and purchase agreement for the land owned by a bankrupt debtor who is guaranteed at the bank, of course, there will be a consequence of a legal action. The result of the legal action in question is regarding the transfer of land title if the debtor breaks his promise or does not carry out his obligations. Creditors holding Guarantee Rights Guarantee (separatist creditors) may execute the guarantee, as if there was no bankruptcy. However, in exercising his executive rights, there is a time limit for separatist creditors in accordance with Article 56 of the Bankruptcy Law. After passing this period of time, the curator then carries out the management and settlement under the supervision of the supervisory judge. The purpose of this research is to study and find out about the legal arrangement and procedures for the settlement of sale and purchase of land owned by a bankrupt debtor which are guaranteed at the bank. This study uses a normative legal research method, with a statutory approach and a conceptual approach. The results of this study are: firstly, the credit agreement creates a debt and credit relationship, in which the debtor is obliged to pay back the loan given by the creditor (bank); secondly, in accordance with the requirements for a debtor who has two or more creditors and there is a debt and one debt is due and can be collected. After fulfilling these requirements, those who have been registered through the clerk of the court, further examination by the Chief Justice will be carried out to obtain a permanent bankruptcy decision for Ninety days, and ultimately, a summon of the parties to a verification meeting is carried out.

Pembagian Harta Warisan Ditinjau dari Kitab Undang-Undang Hukum Perdata Ni Luh Gede Suwarni; I Nyoman Putu Budiartha; Desak Gde Dwi Arini
Jurnal Interpretasi Hukum Vol. 1 No. 2 (2020): Jurnal Interpretasi Hukum
Publisher : Warmadewa Press

Indonesia has experienced rapid development from ancestral ages to modern ages in terms of its people living with daily-supporting facilities. In other words, the Indonesian people live with a legacy which is then developed. Regarding inheritance, this study examines two legal issues: (1) distribution of inheritance according to the Civil Code and (2) settlement of disputes over distribution of inheritance results according to the Civil Code. This study was designed using a normative legal research method design; the data were collected by applying note-taking and analysing techniques based on legal materials. Based on the results of data analysis, it is found that in terms of its form there are three types of rights and obligations of an heir: openbaar testament, a form of inheritance made by a notary, in which case, the person who will transfer the inheritance appears before a notary and declares his will; olographis testament, a form of inheritance realising in writing by hand and is affixed by the hand of the inheritor (elgenhading / gedepoecerd); and a secret testament, a form of inheritance that requires the transfer of inheritance by written evidence, made by the person transferring the inheritance but not necessarily handwritten. There are two forms of dispute resolution related to inheritance through litigation, namely the general court, which in this case is the district court, the authority to examine disputes and the commercial court of a special court that is within the environment of a general court that has the competence to examine and decide an application for participation and postponement of debt payment obligation (PKPU) and disputes over intellectual property rights (HaKI).

Tanggung Jawab dan Wewenang Notaris/PPAT terhadap Kekeliruan dan Pembatalan Akta Jual Beli Tanah Yogi Kristanto; I Nyoman Putu Budiartha; Desak Gde Dwi Arini
Jurnal Interpretasi Hukum Vol. 1 No. 2 (2020): Jurnal Interpretasi Hukum
Publisher : Warmadewa Press

Notary as the Land Deed Official is an additional authority granted by law to carry out legalization of legal binding by the community, especially in the land sector. Therefore, the notary’s authority as the Land Deed Making Official is not to make any mistake in issuing an authentic deed which results in the cancellation of the agreement made. This study discusses two issues: the liability and authority of the Notary as the official for making land deed if a mistake or cancellation of the land sale and purchase certificate occurs and the legal consequences if it has taken place. The research method used in this research is normative legal research method. The results of the research show that the liability of the Notary as the Land Deed Making Official for his / her mistakes is in the form of civil liability in the form of material and immaterial compensation, criminal liability in the form of imprisonment of at least 6 years and a maximum of 8 years, and administrative liability in the form of written warning to disrespect dismissal. The legal consequence is that the Notary’s license as a Land Deed Official can be revoked and the land deed he has made can be canceled or null and void.

Kekuatan Hukum Akta Kelahiran Anak Luar Kawin Dewa Ayu Gita Trisna Dewi; Desak Gde Dwi Arini; Ni Gusti Ketut Sri Astiti
Jurnal Interpretasi Hukum Vol. 2 No. 3 (2021): Jurnal Interpretasi Hukum
Publisher : Warmadewa Press

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Indonesia is a legal state with the concept of an Indonesian legal state where law is an idealized goal together in the dynamics of state life. So in living life, humans have the right to marry and continue a legal marriage and the goal is to continue the offspring. However, not all children are born from legal marriages. These unlucky children are known by law as illegitimate children. The purpose of this study is to analyze the regulation of children out of wedlock according to the Civil Code and customary law and the legal force of birth certificates for children out of wedlock. This type of research is normative legal research with a conceptual approach. Legal sources are secondary, primary and tertiary sources of law which are then analyzed systematically. The results of the study revealed that the regulation of children out of wedlock was regulated through written and unwritten awig-awig because awig-awig was a guide for traditional villages in running their government. The child's acknowledgment can be stated in a Notary Deed or in a Birth Certificate or a Deed made by a civil registry official or it is also possible with the marriage certificate itself. Because, birth certificates are very important for children because it is a form of state recognition regarding the citizenship status, civil status of the child.

Perlindungan Hukum Bagi Investor Terkait Pembubaran Badan Hukum Reksa Dana I Gede Satyawan Pradnya Wiguna; I Nyoman Budiartha; Desak Gde Dwi Arini
Jurnal Interpretasi Hukum Vol. 2 No. 3 (2021): Jurnal Interpretasi 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, protecting the rights of investors, investors are not careful in choosing mutual fund products and determining the right and safe investment manager so that legal protection is needed for Mutual Fund Investors. The purposes of this study are to analyze the legal consequences for investors related to the dissolution of a mutual fund legal entity and legal protection for mutual fund investors related to the dissolution of a mutual fund legal entity. The method used is normative legal research with a statutory approach. The technique of collecting legal materials is done through recording and documentation studies. Primary and secondary sources of legal materials are used as sources of legal materials in this study. Then, the legal materials and data are managed using interpretation analysis. The results of the study show 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, protection for mutual fund investors is related to the dissolution of the mutual fund managing legal entity, 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

Perjanjian Kerja Waktu Tertentu (PKWT) Pada PT. Angkasa Pura Suport Badung Ni Luh Putu Emi Sukasih; Anak Agung Laksmi Dewi; Desak Gde Dwi Arini
Jurnal Interpretasi Hukum Vol. 2 No. 3 (2021): Jurnal Interpretasi Hukum
Publisher : Warmadewa Press

The ongoing development of globalization will have a direct or indirect impact on the existence of workers, one of which is in terms of the quality of production and labor procedures. This study aims to examine the arrangement of a certain time work agreement (PKWT) at PT. Angkasa Pura Support Badung and revealed the legal consequences of violating a certain time work agreement (PKWT) on the rights and obligations of PT. Angkasa Pura Support Badung. The research method uses normative legal research and a problem approach, namely the legislation approach and the conceptual approach. The legal materials used are primary and secondary legal materials collected through documentation and recording methods. Furthermore, the data is processed and analyzed by qualitative descriptive. The results showed that the arrangement of a certain time work agreement (PKWT) at PT. Angkasa Pura Support Badung is made using a standard form of agreement, so it must comply with the provisions of the legislation which is the main requirement for the validity of an agreement and is also the legal basis of a work agreement for a certain time. The legal consequences of violating a certain time work agreement (PKWT) on the rights and obligations of PT. Angkasa Pura Support Badung is subject to sanctions in the form of a warning, a warning letter (SP), and suspension and finally layoffs occur.

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

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