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All Journal Jurnal Konstruksi Hukum
Ni Gusti Ketut Sri Astiti
Fakultas Hukum Universitas Warmadewa, Denpasar
Law, Crime, Criminology & Criminal Justice Social Sciences

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Pertanggungjawaban Pihak Gojek atas Kerugian yang Diderita Konsumen dalam Hal Penyelenggaraan Pengangkutan Barang I Made Pratitha Adi Putra; I Nyoman Putu Budiartha; Ni Gusti Ketut Sri Astiti
Jurnal Konstruksi Hukum Vol. 2 No. 1 (2021): Jurnal Konstruksi Hukum
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/jkh.2.1.2975.92-96

Abstract

The Go-Jek phenomenon is an innovation from the conventional transportation phenomenon because the evidence and / or transportation documents are in the form of electronic documents, so it is necessary to know how the transporter is responsible for losses suffered by consumers (service users) in the transportation of goods by PT. Go-Jek Indonesia and the legal remedies that consumers can take. This study aims to explain the transporter's responsibility for losses suffered by consumers (service users) in the transportation of goods by PT. Go-Jek Indonesia and analyze what laws are done by consumers (service users) to carriers for the losses they have suffered. The type of research used is the type of normative legal research which is carried out by the method of recording and reviewing based on legal materials. Data is obtained by collecting information through legal science books without deviating from positive law in order to form a conclusion, therefore the data source is primary and secondary data. The results showed that the responsibility mechanism for giving compensation to consumers due to the mistakes of business actors, PT. Go-Jek Indonesia provides guarantees and / or guarantees for its services through the terms and conditions listed on its official website which provides a maximum of IDR. 10,000,000, -. Legal remedies that can be taken by consumers against carriers for the damage they have suffered are in accordance with the provisions of the Consumer Protection Law.
Pembebanan Hak Tanggungan dalam Pemberian Kredit pada Lembaga Perkreditan Desa (LPD) I Nyoman Agus Saputra; I Nyoman Putu Budiartha; Ni Gusti Ketut Sri Astiti
Jurnal Konstruksi Hukum Vol. 2 No. 1 (2021): Jurnal Konstruksi Hukum
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/jkh.2.1.2977.102-108

Abstract

In 1984, the Provincial Government of Bali issued an idea to assist Pakraman villages in carrying out cultural functions. Through Governor's Letter Number 972 of 1984, November 1, 1984 concerning Village Credit Institutions. This study aims to explain the system of providing credit to village credit institutions with guarantee of mortgage rights and to explain legal remedies against customers who do not carry out the obligations as outlined in the credit agreement. This research was designed with normative research, the source of legal materials consisted of primary and secondary legal materials. Analysis of legal materials through interpretation analysis. The results of the study show that the provision of credit to village credit institutions with guarantees of mortgage rights is stated in the credit agreement between the LPD and customers who are required to also receive approval from the customary Bendesa, in this case to apply customary sanctions when bad credit occurs. Customary sanctions are the last resort after other efforts are unsuccessful with the aim that credit arrears can be paid back and bad credit customers do not carry out the obligations as outlined in the credit agreement are given sanctions for confiscation of collateral bound by imposition of mortgage rights for immovable objects. Of course this is adjusted to the regulation of the Governor of Bali Province Number 44 of 2017 binding on the imposition of mortgage rights in providing credit to the LPD which only applies to local customary villages, in this case the LPD is a savings and loan business entity owned by a traditional village.
Pelaksanaan Perubahan Hak Guna Bangunan yang Dibebani Hak Tanggungan Menjadi Hak Milik Untuk Rumah Tinggal Komang Adhi Kresna Purnama; I Nyoman Alit Puspadma; Ni Gusti Ketut Sri Astiti
Jurnal Konstruksi Hukum Vol. 2 No. 1 (2021): Jurnal Konstruksi Hukum
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/jkh.2.1.2984.144-148

Abstract

This study aims to analyze the implementation of changes in building use rights that are encumbered with mortgages to property rights for households and to explain legal protection for creditors whose objects of collateral have been encumbered with Mortgage Rights are requested to change from Building Use Rights to Property Rights. The research method used in this research is normative legal research with a statute approach and a case approach. Data sources are primary and secondary legal materials which are analyzed qualitatively. Data processing is carried out by describing and describing all legal materials as a result of document studies and interviews enhanced by literature study and study of applicable provisions. The results of this study indicate that the implementation of changes in building use rights to property rights in the Land Office is processed in accordance with the provisions of the Regulation of the State Minister for Agrarian Affairs / Head of the National Land Agency Number 5 of 1998 concerning Changes in Building Use Rights or Right to Use Land for Residential Land with Mortgage Rights become Property Rights. These changes can be made at the request of the right holder with written approval from the holder of the Mortgage along with a Certificate of Mortgage at the Land Office where the object of the Mortgage is located and for the implementation of changes in building use rights that are still burdened with the Mortgage Right to Ownership Rights have legal consequences that the Mortgage Rights the person concerned becomes erased (void) as stated in the provisions of article 18 paragraph (1) letter d of the UUHT but does not cause the guaranteed debt to be written off.
Co-Authors I Made Pratitha Adi Putra I Nyoman Agus Saputra I Nyoman Alit Puspadma Komang Adhi Kresna Purnama Putu Budiartha, I Nyoman