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All Journal Jurnal Konstruksi Hukum Jurnal Preferensi Hukum (JPH)
Ni Gusti Ketut Sri Astiti
Universitas Warmadewa
Law, Crime, Criminology & Criminal Justice Social Sciences

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Tinjauan Yuridis Pertanggungjawaban Mutlak (Strict Liability) dalam Hukum Perlidungan Konsumen Putu Rido Widiya Widnyana; Anak Agung Istri Agung; Ni Gusti Ketut Sri Astiti
Jurnal Konstruksi Hukum Vol. 2 No. 2 (2021): Jurnal Konstruksi Hukum
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/jkh.2.2.3214.244-249

Abstract

Consumers become objects of business activities to gain large profits. Stiff, consumers' position towards producers is not balanced because consumers are weak, so consumers need to get legal protection. Business actors often respond to events that harm consumers by cornering consumers and looking for consumer weaknesses. The method used in this writing uses nonnative legal research, namely examining problems using a regular basis in statutory regulations and supported by scholars' opinions in the literature. It is essential to explore the principle of absolute liability(strict liability)in consumerprotectionlaw and the provisionsof business actors' strict liabilityto consumers'protectionlaw. As for the conclusion, there is the principle of absolute liability (strict liability) in consumer protection law, namely that business actors are obliged to compensatefor the loss of goods and servicesthat consumers have purchasedforlosses sufferedby consumers, and if the business actor does negligence and failure to consumers can be given sanctions as stipulated in Law No. 8 of 1999 concerning consumer protection
Kewenangan Notaris dalam Pembuatan/ Pencabutan Surat Wasiat (Testament) Agus Wahyu Suniayasa; I Nyoman Sumardika; Ni Gusti Ketut Sri Astiti
Jurnal Preferensi Hukum Vol. 1 No. 2 (2020): Jurnal Preferensi Hukum
Publisher : Warmadewa Press

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Abstract

Humans are social creatures which in their lives always need help from those around them even though that person is about to die. Therefore, a person while away from death has the desire to arrange an inheritance which may be passed on to his offspring. After a person passed away, this wealth can cause problems in the family and society. So rules and solutions are needed according to applicable and permanent laws which refer to the appropriate Law. For example, if someone's message is to be revealed, it can be written into an authentic will deed made by a notary public which is commonly called a will or testament. This study aimed to reveal how the authority of the notary in making a will or testament and how the duties and authority of the notary in the event of execution of wills or if there is revocation of wills. This research employed a normative method and is studied with a statutory approach and a conceptual approach. The legal materials used are primary and secondary legal materials, which are processed and analyzed descriptively. The results of this study indicated that the notary has the authority to keep a will as a written or closed will and is entitled and obliged to report the will to Balai Harta Peninggalan in the area where the notary serves. In addition, if the testator changes the contents of his will, the notary must report the matter to the Central Register of Wills.
Tinjauan Hukum Hak Beli Kembali dalam Perjanjian Jual Beli Saham di Pasar Modal Putra Umbu Sangera; I Nyoman Puru Budiartha; Ni Gusti Ketut Sri Astiti
Jurnal Preferensi Hukum Vol. 2 No. 2 (2021): Jurnal Preferensi Hukum
Publisher : Warmadewa Press

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Abstract

A repurchase right agreement is a form of agreement that occurs and is found in people lives, such as residents who can take back their goods that have been sold under certain provisions as set out in article 1519 of the Civil Code. The aim of this research was to determine the legal review of the right to buy back in the share sale and purchase agreement in the capital market. The type of research used is normative with statutory approach. The source of legal material in this research is primary such as positive normative legal theory which stands on the doctrine that law is identical to pure norms in an objective sense free from ideological, ethical, and sociological values. The technique of legal materials used is by reading and quoting by analyzing willing invitations and using small notes taken from books, literature, and other sources related to the issues discussed. The data that has been obtained are then analyzed and analyzed qualitatively. The result shows that the rights and obligations of the parties who sell shares in the capital market must be equal and fair, before the rights and obligations are equal, fair, and implemented, they must first make an agreement. Legal remedies that can be taken if a contract error occurs can be made through external courts (non-litigation) and courts (litigation).
Perlindungan Hukum Terhadap Penerima Hak dalam Perjanjian Waralaba di Indonesia I Made Dwi Wahyu Kartika; Ni Made Jaya Senastri; Ni Gusti ketut Sri Astiti
Jurnal Preferensi Hukum Vol. 2 No. 3 (2021): Jurnal Preferensi Hukum
Publisher : Warmadewa Press

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Abstract

Franchising is a marketing concept in order to expand the business to support the economy, in this case there are often problems related to the agreement that has been set. Therefore, a legal protection is needed for the recipient of the right. The purpose of this study is to reveal the choice of agreement in the implementation of franchise agreements in Indonesia and the form of legal protection for franchisees in Indonesia. The research method in this study is normative research focusing on the behavior of the legal community and through legal science book references. Sources of data used are primary data by examining regulations related to franchises and secondary data by examining literature, books, papers and journals. Data collection techniques by classifying primary legal materials with secondary legal materials as a support. Analysis of Legal Materials obtained by qualitative analysis. The results of the study reveal that the franchise business in Indonesia has been regulated in the provisions of PP No. 42 of 2007 concerning franchising, for the legal requirements for the establishment of a franchise business, it must meet the provisions in Article 1320 of the Civil Code, and the form of legal protection for franchisees is contained in Article 7 of the Regulation of the Minister of Trade Number 12/ MDAG/Per/3/2006 so the franchisor cannot terminate the agreement at any time or at any time.
Akibat Hukum Pembubaran Koperasi Terhadap Hak dan Kewajiban Anggota Riandy Arya Satria; I Nyoman Putu Budhiarta; Ni Gusti Ketut Sri Astiti
Jurnal Preferensi Hukum Vol. 2 No. 3 (2021): Jurnal Preferensi Hukum
Publisher : Warmadewa Press

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Abstract

In running a cooperative business, of course, the ups and downs of the economic situation greatly affect the profit and loss of a business, in the ups and downs the cooperative can develop and develop its business so that it gets bigger, but in the ebb and flow conditions the cooperative can also experience losses that will have an impact on business continuity to cause the cooperative to go bankrupt or dissolution of the cooperative. The dissolution of a cooperative certainly has legal consequences for both the management and the members. The purpose of this study was to determine the legal consequences of the dissolution of the cooperative on the rights and obligations of members. This study uses normative research with a statutory approach, a conceptual approach, and a case approach. Sources of legal materials used in the form of secondary, primary and tertiary legal sources and then analyzed descriptively. The results of the study reveal that the legal consequences that occur after the dissolution of the cooperative, namely the cooperative legal entity must be settled, operational transactions are terminated, employees can be terminated, members can no longer resign, the powers of the cooperative apparatus are frozen and are also replaced by liquidators, and management and supervisors can be held accountable both civilly and criminally if it is proven that due to their mistakes and negligence the cooperative has gone bankrupt. In addition, the legal entity of the cooperative will also be deleted
Perlindungan Hukum atas Kebocoran Data Pribadi Konsumen pada Perdagangan Elektronik Lokapasar (Marketplace) Kadek Dio Ramadi Natha; Nyoman Putu Budiartha; Ni Gusti Ketut Sri Astiti
Jurnal Preferensi Hukum Vol. 3 No. 1 (2022): Jurnal Preferensi Hukum
Publisher : Warmadewa Press

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Abstract

A growing global economy supported by technological advances has resulted in the birth of a new market, namely a place for electronic commerce known as a marketplace. Marketplace as an intermediary that facilitates interaction between sellers and buyers, including supporting transaction activities. Marketplace users are required to have an account containing personal data. Advances in technology are now raising new problems, such as related to personal data security. The purposes of this study are to find out the legal protection against the leakage of consumer personal data related to electronic commerce based on the rules of law in Indonesia and the resolution of disputes over the case of leakage of consumer personal data in electronic trading of marketplace users. This study uses a normative research type with a case, legislation, and conceptual approach. Data collection techniques were carried out using documentation techniques and library techniques. Sources of legal materials used in the form of primary and secondary legal sources. The analysis technique is done by interpretation and qualitative. The findings reveal that legal protection for personal data leakage is still weak because it does not yet have a legal umbrella specifically regulating it, but in the case of consumer data leakage in electronic commerce there are several existing laws and regulations that are used as a reference to resolve disputes over cases of leakage of user's personal data.
Implementasi Peraturan Pemerintah Nomor 24 Tahun 2016 terhadap Daerah Kerja Pejabat Pembuat Akta Tanah Anak Agung Sagung Saviti Mahawishwa Karmani; I Nyoman Putu Budiartha; Ni Gusti Ketut Sri Astiti
Jurnal Preferensi Hukum Vol. 3 No. 2 (2022): Jurnal Preferensi Hukum
Publisher : Warmadewa Press

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Abstract

The arrangement of the PPAT work area is formulated in PP No. 24 of 2016 Article 12 Paragraph 1 formulates that the PPAT working area includes the province where the PPAT office is located. This research discusses the implementation of the PPAT work area and the sanctions that will be obtained if the PPAT exercises authority outside its working area. This research aims to discuss the legal arrangements regarding the work area of ​​the Land Deed Making Official and to find out the sanctions against the Land Deed Maker Officer who exercises authority outside the work area. This research is normative research using a statutory approach and a conceptual approach. The sources of legal materials for this research consist of primary, secondary, and tertiary sources of material. The collection of primary and secondary legal materials is carried out by collecting, reading, and recording legal materials in accordance with the laws related to the issues in this research. The results of this research explain that PP no. 24 of 2016 in Article 12 Paragraph 1 is not implemented according to the contents of the regulation. There is no article that explains the sanctions if the PPAT does not carry out the work area of ​​one province so that the PPAT who exercises authority outside the work area does not get sanctions. This implementation contradicts the Lex Posterior Derogat Legi Priori Principle.
Co-Authors Agus Wahyu Suniayasa Anak Agung Istri Agung Anak Agung Sagung Saviti Mahawishwa Karmani I Made Dwi Wahyu Kartika I Nyoman Puru Budiartha I Nyoman Putu Budhiarta I Nyoman Sumardika Kadek Dio Ramadi Natha Nyoman Putu Budiartha Putra Umbu Sangera Putu Budiartha, I Nyoman Putu Rido Widiya Widnyana Riandy Arya Satria Senastri, Ni Made Jaya