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I Wayan Arthanaya
Universitas Warmadewa
Humanities Law, Crime, Criminology & Criminal Justice Social Sciences Other

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Perlindungan Hukum Terhadap Bumdes Simpan Pinjam dalam Perkara Kredit Macet yang Disebabkan Adanya Wanprestasi oleh Debitur di Desa Kesimpar Karangasem I Putu Utama Putra; I Nyoman Putu Budiartha; I Wayan Arthanaya
Jurnal Interpretasi Hukum Vol. 2 No. 3 (2021): Jurnal Interpretasi Hukum
Publisher : Fakultas Hukum, Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/juinhum.2.3.4157.629-634

Abstract

Village-owned enterprises are mostly owned by the village through direct participation originating from the wealth of the village itself. The purpose of establishing a village-owned enterprise is to create job vacancies for the community and as a result increase the income of the village itself. Of course, in establishing BUMdes, you must follow the procedures as they are regulated in the village law. This study aims to examine the legal protection of BUMdes savings and loans against bad credit cases in Kesimpar Village and reveal the settlement of bad loans in BUMdes Kesimpar Village. This study uses empirical legal research and the problem approach used is the legislative and conceptual approach. The sources of data used are primary data, namely interviews with related parties and secondary data including legislation. Data were collected by means of interviews obtained with informants in the BUMdes Panca Datu, Kesimpar Village. Furthermore, the data were analyzed qualitatively and then concluded inductively. The results of the study reveal that the legal protection of BUMdes savings and loans in the case of bad loans caused by default by debtors in Kesimpar Karangasem Village is holding on to the agreement letter and legal protection for BUMdes is regulated in Bali Governor Regulation Number 44 of 2017, Law of the Republic of Indonesia Number 10 1998, Law Number 4 of 1996 and efforts to settle bad loans at BUMDES Panca Datu through repressive means.
Upaya Penanggulangan terhadap Penyalahgunaan Zat Aktif Dextromethorphane Anak Agung Gede Cahya Ditya Yuniarsa; Ida Ayu Putu Widiati; I Wayan Arthanaya
Jurnal Interpretasi Hukum Vol. 3 No. 1 (2022): Jurnal Interpretasi Hukum
Publisher : Fakultas Hukum, Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/juinhum.3.1.4725.118-124

Abstract

There are many types of drugs circulating in Indonesia, including drugs containing the active substance dextromethorphane in the form of cough medicine. The active substance dextromethorphane is very easy to get everywhere, the price is also very affordable and also legal. However, if the active substance dextromethorphane is consumed in excess, it will cause effects on the body in the form of euphoria, hallucinations, paranoia, aggressive behavior, damage to internal organs and can also cause death. Tujuan penelitian ini adalah untuk menganalisis pengaturan zat aktif dekstrometorfan dan membahas upaya penanggulangan terhadap zat aktif dekstrometorfan. Metode yang digunakan adalah metode yuridis normatif. Dengan menggunakan pendekatan penerapan dan pendekatan konseptual. Bahan hukum yang digunakan yakni bahan hukum primer, sekunder dan teriser. Bahan hukum primer, yaitu sumber hukum yang bersifat autoritatif, bahan hukum sekunder yang berasal dari buku-buku dan jurnal hukum yang relevan dengan kasus penelitian, sedangkan Bahan hukum tersier adalah bahan hukum penunjang seperti kamus hukum, kamus umum, ensiklopedia, dan sumber internet. Teknik pengumpulan data menggunakan tekni mencatat dan mendokumentasi. Hasil penelitian ini menunjukan bahwa belum ada aturan yang mengatur mengenai zat aktif dextromethorphane maupun aturan mengenainya, maka untuk mencegah diperlukannya tindakan penjualan zat aktif dextromethorphane dan pembeliannya wajib menggunakan resep dokter. Diharapkan pemegang kebijakan untuk menerbitkan peraturan dan sanksi yang terkait dengan zat aktif dextromethor
Tindak Pidana Plagiarisme terhadap Novel Elektronik pada Aplikasi Wattpad Ni Wayan Nita Dewi; I Nyoman Gede Sugiartha; I Wayan Arthanaya
Jurnal Interpretasi Hukum Vol. 3 No. 2 (2022): Jurnal Interpretasi Hukum
Publisher : Fakultas Hukum, Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/juinhum.3.2.5075.328-331

Abstract

Plagiarism is taking a work, statement, and so on from someone else and making it like their own work and statement. The perpetrators of plagiarism are called plagiarists because there are many ordinary people who violate other people's copyrighted works on the Wattpad digital application. Publishing literary works by the general public and making them easier to read in the application does not rule out copyright infringement. The purpose of this research is to analyze the legal arrangements for the crime of plagiarism and what are the legal protections for victims whose electronic novels are plagiarized on the Wattpad application. The sources of legal materials for this research consist of primary, secondary and tertiary materials. Primary materials are sourced from laws and regulations which are the basis for analyzing problems. Then secondary legal materials come from legal books and journals that support primary sources. While tertiary materials are sourced from other reading materials on the website. Data collection techniques used are library techniques, identifying, and analyzing materials. The result shows that plagiarism can be a criminal act for stealing other people's copyrights. In Indonesia, copyright issues are regulated in the Copyright Law, Number 28 of 2014. Copyright law includes provisions of criminal law that can be sanctioned to anyone who violates the rights copyright for other people's creations.
Penentuan Nilai Pemungutan Pajak Bea Perolehan Peralihan Tanah oleh Pemerintah dalam Penyelenggaraan Otonomi Daerah I Gde Chandra Astawa Widhiasa; I Wayan Arthanaya; Luh Putu Suryani
Jurnal Preferensi Hukum Vol. 1 No. 2 (2020): Jurnal Preferensi Hukum
Publisher : Warmadewa Press

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Abstract

One of the authorities possessed by the regional government is in terms of tax collection, one of which is the Land Title Acquisition Fees (BPHTB) carried out by the Regional Revenue Agency. The legal basis is Law Number 28 of 2009. The proceeds of the revenue which constitute state revenue are handed over to the regional government to finance development in the regions and realize regional autonomy. This study aims to identify and describe the basis for local government regulations to determine the value of an object of land rights as a tax object and to regulate the authority to collect BPHTB in relation to local regulations. Researchers used an empirical method, namely an approach with legal aspects from the results of research in the field through data collected through interviews and observations. The results of research which are based on BPHTB which are the final results of BPHTB are the results of the Acquisition of Tax Objects (NPOP). NPOP is stipulated in Article 87 of Law No.28 of 2009 concerning Regional Taxes and Regional Levies. Fees for acquisition of land rights that were not previously imposed in the case of transfer, with the issuance of Law Number 21 of 1997 which was later bound by Law Number 21 of 2000 which gave regional government authority to impose it.
Penggunaan Anggaran Pendapatan dan Belanja Negara (APBN) dalam Pelaksanaan Pemilihan Umum Ulang I Kadek Andika Setiawan; I Gusti Bagus Suryawan; I Wayan Arthanaya
Jurnal Preferensi Hukum Vol. 2 No. 1 (2021): Jurnal Preferensi Hukum
Publisher : Warmadewa Press

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Abstract

A failed general election will result in a re-election and will certainly require additional budget. The purpose of this research is to find out the mechanism for the implementation of the re-election and to analyze the use of the State Revenue and Expenditure Budget in the implementation of the re-election. The research method used is normative legal research with a statutory approach and a conceptual approach. The results of this study indicate that the mechanism for implementing the re-election is a dispute over the results of the disputed General Election, by presidential candidates and members of the legislative candidates through the Constitutional Court decision. The mechanism for the provision of funds from the State Revenue and Expenditure Budget in the implementation of the re-General Election is the submission of additional costs by the General Election Commission to the Budget Institution and the Budget Department to revise the budget for the implementation of General Elections that are undergoing re-election.
Implemetasi Pengaturan Pemberian Bantuan Sosial dalam Era Pandemi COVID-19 di Desa Adat Kuta Ni Komang Ayu Febriyanti; I Wayan Wesna Astara; I Wayan Arthanaya
Jurnal Preferensi Hukum Vol. 2 No. 2 (2021): Jurnal Preferensi Hukum
Publisher : Warmadewa Press

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Abstract

Public welfare is an effort made by the government which aims to improve the welfare of the community through social services and has a broad scope. The outbreak of the covid-19 virus in Indonesia resulted in the central government issuing policies on efforts to prevent the spread of the covid-19 virus which must be implemented by local governments. The purpose of this research is to reveal the arrangement of local government assistance funds in order to tackle covid-19 in the Kuta Traditional Village and the implementation of the provision of social assistance funds distributed to the community in the context of the Covid-19 pandemic. The method used is empirical legal research with a sociological approach. Sources of legal materials are primary, secondary and tertiary which are obtained directly through field research. The legal materials obtained then analyzed using qualitative descriptive techniques. The results of this research concluded that Kuta Traditional Village is not qualified in providing assistance considering that what was seen was the aspect of equality of indigenous peoples and agencies and the need for an organization and an implementation system so that the provision of social assistance can proceed well.
Pengadaan Sarana Saluran Air Bersih Antara CV. Bangun Cemerlang dengan PDAM Kota Negara Menurut Perpres Nomor 16 Tahun 2018 I Putu Bagus Ariana; I Nyoman Putu Budiartha; I Wayan Arthanaya
Jurnal Preferensi Hukum Vol. 2 No. 2 (2021): Jurnal Preferensi Hukum
Publisher : Warmadewa Press

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Abstract

Water is one of the vital resources for human life and nature. On a wider scale, clean water is essential for social and economic development. This research aims to determine the form of cooperation between PDAM and Cv. Bangun Cemerlang whether it is in accordance with PERPRES Number 16 of 2018. This research method is normative law using a conceptual approach and a statutory approach. Before being used for living purposes, water must first be processed to benefit public health. In this case, the role of the Government is required in regulating and managing the fulfillment of clean water needs for the community through an important production branch of the government, namely the Regional Drinking Water Company (PDAM). The results of this study indicate that the collaboration between the government and Cv. Bangun Cemerlang has taken place in accordance with applicable regulations and in accordance with PERPRES Number 16 of 2018. In accordance with applicable laws and regulations in Indonesia, the government is responsible for the quality of water that reaches the public and the public can make complaints to the government as a form of service protest. given with the aim that in the future it can provide better service
Pengaturan dan Penegakan Hukum Pedagang Kaki Lima di Kota Denpasar I Ketut Cahaya Rai Siwi; I Wayan Arthanaya; Luh Putu Suryani
Jurnal Preferensi Hukum Vol. 2 No. 3 (2021): Jurnal Preferensi Hukum
Publisher : Warmadewa Press

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Abstract

Although unlike big cities in Indonesia where the control of street vendors (PKL) is much highlighted by the local government to maintain cleanliness and public order, Denpasar City should start taking into account the presence of street vendors (PKL). For this reason, it is very important to regulate, organize and enforce the law for street vendors (PKL) so that there is order and firmness in its implementation. The purpose of this study is to analyze the regulation of street vendors in Denpasar City and the law enforcement of street vendors in Denpasar City. The type of research used in this research is normative legal research using primary and secondary legal materials. The collection of legal materials is done by reading, researching, understanding and analyzing books or literature, legal provisions, essays, magazines or other forms of information which are then analyzed systematically. The results of the study indicate that the regulation of street vendors in Denpasar City is regulated in the Denpasar City Regulation Number 2 of 2015 concerning PKL. The scope of regulation includes structuring and empowering street vendors. Law enforcement for street vendors includes Preventive Efforts which include providing suggestions or solutions to find vacant land owned by residents who have not been utilized, Counseling by Satpol PP officers. Repressive efforts include actions to stop violations of regional regulations in addition to waiting for the leadership's decision, in this case the mayor's decision and violators of regional regulations to be investigated directly by the PPNS for further processing in the Minor Crime Court
Analisis Yuridis Money Politic oleh Calon Anggota Dewan Perwakilan Daerah dalam Pemilihan Umum Ade Marcelian Pande; Ida Ayu Putu Widiati; I Wayan Arthanaya
Jurnal Preferensi Hukum Vol. 2 No. 3 (2021): Jurnal Preferensi Hukum
Publisher : Warmadewa Press

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Abstract

Money politics is a crime against democracy as aspired by the Indonesian state, especially against money politics crimes committed by Regional Representative Council Candidates. This study aimed to examine the forms of money politics in general elections and to reveal sanctions against candidates for Regional Representative Council Candidates who committed money politics. This study is normative research with a statutory approach. The sources of data used were primary and secondary data. Data were collected through reading activities, which were carried out by collecting existing legal materials or studying documents from existing laws and regulations and other supporting instruments. The results of the study indicated that the regulation of money politics is regulated in the constitution and some special legal regulations. The form of money politics is in the form of money, public facilities, basic needs, and projects. The sanctions applied are imprisonment and fines or imprisonment instead of fines. Criminal sanctions are applied to perpetrators who gave or received all forms of money politics, which is used as a strategy to win political contestations
Kajian Yuridis Mengenai Legalitas Cryptocurrency di Indonesia Ida Ayu Samhita Chanda Thistanti; I Nyoman Gede Sugiartha; I Wayan Arthanaya
Jurnal Preferensi Hukum Vol. 3 No. 1 (2022): Jurnal Preferensi Hukum
Publisher : Warmadewa Press

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Abstract

Technological advances in the world are very helpful in payment systems that are safe, fast and confidential. Currently, it has also given birth to a rapidly growing currency, namely cryptocurrency, but Indonesia still does not have definite regulations regarding the use of cryptocurrencies. The purposes of this research are to examine the regulation of cryptocurrency legality based on the Indonesian Positive Law and to examine the legal sanctions in the event of a criminal use of cryptocurrency in Indonesia. The method used is normative legal research with a statutory approach. The legal materials used are primary and secondary legal materials that have authoritative properties. To obtain valid data in the field, the researcher uses library techniques, recording techniques, and combines it with normative legal research and makes a law that is both inductive and deductive. The data were analyzed by legal argumentation and descriptive analysis to obtain a systematic comprehensive picture. The results of the study reveal that the regulation of the legality of using cryptocurrencies in Indonesia is no longer referred to as “digital money”, but “commodities” regulated by the Commodity Futures Trading Regulatory Agency in CoFTRA rules No. 3 of 2019 and CoFTRA No. 5 of 2019. It is expected that policy holders will issue strict regulations and sanctions related to the use of crypto currency for crimes against the use of cryptocurrencies for the public and investors as users of Crypto Assets in Indonesia.
Co-Authors A A Dalem Satria Dharma Ade Marcelian Pande Anak Agung Arista Purnama Sari Anak Agung Gede Cahya Ditya Yuniarsa Andy Gunawan Cokorda Gede Wirasatya Pradana Dewa Gede Dirgayusa Werdi Bumi Dewi, A.A Sagung Laksmi Diah Gayatri Sudibya Gede Dwiki Cahyadi Gusti Ngurah Anom Widyarta I Gde Chandra Astawa Widhiasa I Gede Andik Surya Dana I Gede Kresna Udayana I Gusti Agung Ayu Diah Aprillia I Gusti Ngurah Raka Wedatama I Kadek Andika Setiawan I Ketut Cahaya Rai Siwi I Ketut Widia I Ketut Widia I Komang Gerdion Ananda Junior I Made Deni Pramudya Adi Putra I Made Suwitra, I Made I Nyoman Gede Sugiartha I Nyoman Sutama I Putu Bagus Ariana I Putu Utama Putra I Wayan Subawa I Wayan Wesna Astara I Wayan Wirya Sastrawan I. A. Wulan Prawesti Ida Ayu Intan Surya Dewi Ida Ayu Putu Widiati Ida Ayu Samhita Chanda Thistanti Kadek Andy krisnanta Kadek Hapsari Ika Palupi Kadek Megah Bintaranny Ketut Gita Lestari Klaustra Adhi Permana Livia Kusomo Luh Made Mahendrawati Luh Nyoman Diah Sri Prabandari Luh Putu suryani Made Ayu Wangi Utari Suryatika Ni Komang Arini Styawati Ni Komang Ayu Febriyanti Ni Komang Laksmi Ari Widya Pramesti Ni Made Jaya Senastri Ni Made Puspasutari Ujianti Ni Putu Sawitri Nandari Ni Wayan Nita Dewi Nyoman Satria Bismantara Putu Budiartha, I Nyoman Putu Gede Indra Paramartha Putu Gede Putra Dharma Yasa Putu Gede Surya Dharma Sadana Putu Nita Yulistian Putu Suryani . Satrya Raul Neru Simon Nahak suryawan, Gusti Bagus Widiati, Ida Ayu Putu