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All Journal JURNAL MAGISTER HUKUM UDAYANA Sociological Jurisprudence Journal KERTHA WICAKSANA Jurnal Konstruksi Hukum Jurnal Interpretasi Hukum Jurnal Preferensi Hukum (JPH) Yuridika Community Services Journal (CSJ)

Putu Budiartha, I Nyoman

Fakultas Hukum Universitas Warmadewa

Author-ID : 3409774

Law, Crime, Criminology & Criminal Justice Social Sciences

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Criminal Act of Contempt Through Electronic Information Media Putu Budiartha, I Nyoman
Sociological Jurisprudence Journal Vol 1, No 2 (2018)
Publisher : Fakultas Hukum, Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/scj.1.2.730.82-86

The rapid current of globalization raises many problems in almost all aspects of human life, covering the political, social, cultural, economic, scientific and technological fields, so that fundamental changes in peoples habits arise predominantly. Following the issuance of Law Number 11 Year 2008 on Electronic Information and Transactions (ITE) that was amended to Law Number 19 Year 2016 regarding the Amendment of Law Number 11 Year 2008 regarding Information and Electronic Transactions, many polemics and cases that lead to the pros and cons of the articles in the ITE Law took place. This study examines the classification of an offense of criminal act of contempt committed through electronic information media of and reveals the legal standing for such kind a criminal act. This study was conducted using normative method through analysis of legal interpretation and descriptive analysis. Apparently, the results confirm that the element of "contempt and/or defamation" contemplated in Article 27 paragraph (3) of ITE Law refers to Article 310 of the Criminal Code. Criminal acts of contempt committed through electronic information media are offense complaints that should be reported to the authorities by persons who feel that their honor or reputation is insulted or those who are empowered to obtain judicial justice from law.

Kewenangan Aparat Kepolisian dalam Pengawalan Konvoi Kendaraan Bermotor Berukuran Besar di Jalan Raya I Made Adi Putra; I Nyoman Putu Budiartha; I Ketut Sukadana
Jurnal Konstruksi Hukum Vol. 1 No. 2 (2020): Jurnal Konstruksi Hukum
Publisher : Warmadewa Press

It is common for a large motorbike convoy to cause accidents, both between large motorbike riders and other vehicle riders. This is due to the fact that the speed of the large-sized motorbikes itself can be said to be quite fast, coupled with the behavior of some of these riders who sometimes like to run red lights and put aside the traffic signs, which often results in accidents. Based on this factual background, the legal issues examined in this study are: What is the authority of the police in escorting large motorbike convoys and what is the responsibility of the police in implementing the convoy when accident victims occur on the road. The type of research used in this research is normative legal research. The results of this research are that the authority of the police apparatus in providing escort for large motorbike convoys is the provision of Article 14 letters a and 18 paragraph (1) of Law no. 2 of 2002 concerning the National Police of the Republic of Indonesia and Article 12 letter e of Law No. 22 of 2009. These provisions basically constitute the authority of the police apparatus to carry out the regulation, guarding, escort and patrol of community and government activities as needed, and to give the authority to act according to their own judgment in the public interest. The responsibility of the police is to carry out the convoy in the event of a victim of an accident on the highway in order to maintain order and ensure security, safety, orderliness and smoothness of road transportation.

Perjanjian Kerjasama (Joint Venture) Penanaman Modal Asing dalam Usaha Perhotelan I Gusti Ngurah Rendra Suryana; I Nyoman Putu Budiartha; Ni Made Puspasutari Ujianti
Jurnal Konstruksi Hukum Vol. 1 No. 2 (2020): Jurnal Konstruksi Hukum
Publisher : Warmadewa Press

The formation of investment activities in a country varies greatly according to the open nature of the country and its people. Therefore, cooperation is created and established between the two parties is because of the desire to seek profit so that a group of people together create a company, either with parties from one country or across countries. This is what forms a joint venture agreement. Based on this background, this research was conducted with the aim of describing how the procedure for making a joint venture agreement in the hotel business and what the legal consequences are for the default of the joint venture agreement in the hotel business. This research was conducted using a normative legal research method. The results of this study indicated that the procedure for making a joint venture agreement in a hotel business must be in the form of a limited liability company and must have conditions in providing a hotel company and are required to apply for a principle license and a permanent business license subject to the investor coordinating body to submit reports on the investor's activities. In addition, the legal consequence of the joint venture agreement default in the hospitality business is that those who violate the agreement, the parties related to the agreement, will be subject to statutory sanctions related to the rules of the joint venture agreement as well as the regulations that they have agreed upon together.

Perjanjian Kredit Bank dengan Jaminan Borgtocht (Perorangan) I Gusti Ngurah Bagus Denny Hariwijaya; I Nyoman Putu Budiartha; I Ketut Widia
Jurnal Konstruksi Hukum Vol. 1 No. 2 (2020): Jurnal Konstruksi Hukum
Publisher : Warmadewa Press

The rapid progress of the times is influenced by the development of the needs of every member of society and the ways of fulfilling the economy of each member of society. This incident requires the presence of a credit guarantee regulation as a place to expand a business that has both a legal entity and an individual. Granting space for credit requires a guarantee for the sake of security. Lending requires a guarantee such as a house, land, car, shares, and other assets for the sake of security for the credit extension and to avoid risks if a debtor cannot fulfill his obligations. From this certainty, it is possible for the Bank to provide credit with individual guarantees, but the Bank should have confidence in the ability and intelligence of the debtor to repay his debt. Based on this background, this research was conducted with the aim of describing the legal consequences arising from a credit agreement involving a third party as a guarantor. This study was designed using a normative juridical approach. The results of this study indicated that the legal consequences arising from a credit agreement involving a third party as a guarantor, namely: first, a debtor can be sued by an insurer who has paid the creditor's debt. The coverage can occur with the knowledge or without the knowledge of the debtor himself. Second, the insurer has the right to demand compensation and interest. Third, creditors and insurers must pay attention to certain rights and obligations. Finally, the insurer or third party is given the right to share the debt, that is, when sued for the fulfillment, can claim shares from their party as the guarantor.

Tanggung Jawab Notaris terhadap Akta Otentik yang Dibuatnya Terkait Jangka Waktu Pensiun I Gusti Ayu Ria Rahmawati; I Nyoman Putu Budiartha; Ni Gusti Ketut Sri Astiti
Jurnal Konstruksi Hukum Vol. 1 No. 2 (2020): Jurnal Konstruksi Hukum
Publisher : Warmadewa Press

An authentic deed is a letter whose form has been determined by law that can be used as perfect evidence made before a notary public. The notary concerned must take full responsibility in case of problems related to the deed he made, whether in Civil, Criminal, UUJN and Code of Ethics. The notary will be released from all of these responsibilities if he has retired from his position. This study aims to determine the responsibility of the notary for authentic deeds that are canceled in court and made after the retirement period. The research method used is normative law using a statutory approach and a conceptual approach. The results of the analysis show that the notary's responsibility for the authentic deed he makes when declared canceled in court can be divided into 4, namely a) civil liability, b) criminal responsibility, c) responsibility based on UUJN d) Responsibility based on the Code of Ethics. Then, the notary is still responsible even though the notary's term of office has ended or has retired. This can be carried out by the authorities as long as the authentic deed is null and void in existence at a grace period of 30 years from the date the deed is drawn up by the Notary. Through this research, it is hoped that the provisions regarding the responsibility of the notary public after retirement will be more defined regarding the maximum limit so as not to cause problems for both the notary and the party concerned

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.

Hak Cipta Karya Seni Lukis sebagai Jaminan Fidusia Ni Kadek Emy Kencana Wati; I Nyoman Putu Budiartha; I Ketut Sukadana
Jurnal Konstruksi Hukum Vol. 2 No. 1 (2021): Jurnal Konstruksi Hukum
Publisher : Warmadewa Press

The use of copyright for painting artworks in the Intellectual Property Law system in Indonesia provides many benefits for painters as copyright owners or copyright holders. A creator or copyright holder has Economic Rights on his work which includes the right to duplicate, display, and lease his work to third parties. Copyright Law No. 28/2014 states that copyright can be used as an object of Fiduciary security. This study aims to determine the characteristics of the copyright of painting works that can be used as fiduciary guarantees to get credit in banking and to analyze the execution of copyright guarantees of painting works if the debtor defaults The method used is normative legal research with a statutory approach and a conceptual approach, and the sources of legal materials used are primary and secondary legal materials with literature collection techniques which are analyzed in descriptive analytical form. Based on the results of the study, it can be concluded that the characteristics of copyright in painting are providing protection for works of art and providing economic rights for the creators or copyright holders and moral rights for the creators. The execution of copyright guarantees can be done by executorial method in accordance with article 29 of the Fiduciary Law.

Pelaksanaan Eksekusi Benda Jaminan Kredit yang Tidak Mencukupi untuk Pelunasan Utang di Koperasi Guna Arta Karangasem I Gede Agus Wira Sanjaya; I Nyoman Putu Budiartha; Desak Gde Dwi Arini
Jurnal Konstruksi Hukum Vol. 2 No. 1 (2021): Jurnal Konstruksi Hukum
Publisher : Warmadewa Press

This study aims to determine the credit agreement or business loan between the customer and the cooperative and to find out the settlement in the event of a dispute in the credit agreement between the customer and the cooperative. This study uses empirical research methods where the method is based on positive law and norms. The results showed that the agreement made between the cooperative and the customer is based on the agreement of the parties who are ready to carry out their obligations and get rights. The obligation of the cooperative to provide loan funds to customers is the right of the cooperative to benefit from interest from customer loan funds. The obligation of the customer to pay the loan on time that has been agreed upon because he has lent funds, the right of the customer to get a loan for the customer's needs according to the agreement of the parties. Then, the agreement of the parties is not a guarantee that there will be no default, the importance of a legal attorney in an agreement makes it easier to resolve problems between the parties. Legal attorneys provide options for ending the case through the court (litigation) and settlement in a family way (non-litigation). Most parties use the non-litigation route because they want everything to be done quickly but at low cost. If the non-litigation solution does not find a middle ground, the case will proceed to court. Judge's rule applies to parties in litigation from the time until the costs incurred. Those who lost are willing to be asked for compensation for their actions.

Akibat Hukum Pekerja Anak Menurut Undang-Undang Nomor 13 Tahun 2003 I Gusti Ngurah Winda Aditya Putra; I Nyoman Putu Budiartha; Luh Putu Suryani
Jurnal Konstruksi Hukum Vol. 2 No. 1 (2021): Jurnal Konstruksi Hukum
Publisher : Warmadewa Press

Children who are born into this world will automatically become the successor of the nation and become the pride of their parents. However, the economic difference between each child and their parents causes many of them to work from an early age and even decide to stop taking education to meet their needs. This study aims to analyze the legal consequences of employing children from a legislative perspective. This study uses a normative legal research method, which is literature law which refers to the legal norms contained in statutory regulations. The results of the study show that any work done by a child cannot be separated from the supervision of the parents and has received permission from the parents. A good education makes the nation's successors broaden the knowledge they have that can be used later when doing a job. Employing a minor child is an offender who can be given a criminal sanction of happiness that is snatched when the child is already doing work, making the child become mentally retarded or thought and his age is no longer compatible.

Perlindungan Hukum Bagi Pekerja UD. Alam di Banjar Pendem Kabupaten Jembrana I Komang Angga Triyadi Giri; I Nyoman Putu Budiartha; Luh Putu Suryani
Jurnal Konstruksi Hukum Vol. 2 No. 1 (2021): Jurnal Konstruksi Hukum
Publisher : Warmadewa Press

Every job has its own risk, including the quiet work of UD. Natural. This study aims to determine the form of legal protection of UD. Nature in carrying out his work accident insurance. This type of research uses empirical law. The results showed that the form of legal protection is the responsibility of UD. Nature that has been given to workers in the form of economic protection where workers are given a district / city minimum wage (UMK), technical protection where workers are given time to adjust to the tools used in companies that are not yet commonly used, and social protection where the UD. Nature pays for medical treatment and provides compensation in the form of cash, if one of her employees has a work accident. Until now, UD. Alam has not registered his workers in the work accident insurance program so that the work accident insurance program at UD. Alam Banjar Pendem Jembrana Regency has not been implemented effectively. Then, economic factors become an obstacle to UD. Alam has not registered its workers into the work accident insurance program, this is due to the heavy burden borne by employers to pay work accident insurance contributions and also the procedures for applying for work accident insurance are always hampered by incomplete requirements so it takes too long to register workers into the work accident insurance program.

Co-Authors A. A. Ngurah Deddy Hendra Kesuma A. Sagung Laksmi Dewi A.A Gede Diotama A.A Made Andika Purnama Arta A.A. Sagung Laksmi Dewi A.A.Gde Oka Wisnumurti AA Mas Pradnyandari Mantara Ade Satriasa Maha Putra Agnes Geraldine Olga Supriyana Agustinus Bali Mema Anak Agung Ayu Agung Cleo Bayu Pertiwi Anak Agung Bagus Wirawan Anak Agung Gde Chandra Wiratama Anak Agung Istri Altia Dwi Widaswari Anak Agung Krisna Kumala Dewi Anak Agung Ngurah Sentana Putra Anak Agung Sagung Laksmi Dewi Anak Agung Sagung Saviti Mahawishwa Karmani Arini, Desak Gde Dwi Aryabang Bang Frisyudha Audina Rahma Aurora Mayawa Rissandjani Azizul Anwar Bayu Angga Saputra Charles Ferguson Lagaribu De Ornay Cokorda Gede Wirasatya Pradana Desak Gde Dwi Arin Desak Gde Dwi Arini Desak Gede Dwi Arini Desak Gede Dwi Arini Desak Gede Dwi Arini Desak Putu Kania Pratiwi Dewa Ayu Putu Mita Purnamasari Dewa Ketut Swanjaya Tirta Diah Cayatri Sudibya Diah Gayatri Sudibya Diah Gayatri Sudibya Diah Gayatri Sudibya Dwitya Candra Yasa Dyah Merryani Ferdy Pradana Gde Nanda Radithya Kresnantara Sanjaya Gede Agus Wiadnyana Gede Andi Wiradharma Gede Bagus Andika Putra Gede Dana Semara Putra Gede Mahadi Waisnawa Hanata Putra Gede Nira Wicitra Yudha Gusti Ayu Ajeng Prabaningtyas Gusti Ayu Arya Anindyanari Auliani Dewi Gusti Ayu Dewi Irna Yanthi Gusti Ngurah Sudarma Yuda Gusti Putu Ngurah Gita Pradnyana Putra Hamam Febrian Cahaya I Dewa Gede Aditya Mahendra Putra I Dewa Gede Angga Bhasudeva I Dewa Gede Dwipayana Putra I Gede Agus Wira Sanjaya I Gede Dharma Kusuma I Gede Eka Surya Pramana I Gede Gita Ananda Putra I Gede Mallik Satya Devangga I Gede Putu J Gusnaedi I Gede Sudiarta I Gede Sukadana I Gede Tirtayasa I Gede Vera Yudana I Gusti Agung Ayu Gita Pritayanti Dinar I Gusti Agung Ngurah Anom Deva I Gusti Ayu Andara I Gusti Ayu Intan Chandra Dewi I Gusti Ayu Ria Rahmawati I Gusti Ngurah Bagus Denny Hariwijaya I Gusti Ngurah Rendra Suryana I Gusti Ngurah Winda Aditya Putra I Gusti Putu Ghosadhira Vedhastama I Kadek Ari Cahya Dwipa I Kadek Ary Astrawan I Kadek Bagiasa I Kadek Boy Aditya Mertajaya I Kadek Grendy Bhineka I Kadek Leo Byasama Wijaya I Kadek Surya Wirawan I Ketut Detri Eka Adi Pranata I Ketut Irianto I Ketut Suardika I Ketut Sukadana I Ketut Sukadana I Ketut Widia I Komang Angga Triyadi Giri I Komang Dodik Wijaya I Komang Tresnanda Pramana I Made Adi Putra I Made Aditya Wira Sanjaya I Made Ari Yudistira I Made Dharma Putra I Made Krisnan Wijaya Putra I Made Mardika I Made Minggu Widyantara I Made Minggu Widyantara I Made Pratitha Adi Putra I Made Pria Dharsana, I Made Pria I Made puspasutari Ujianti I Made Rai Sukerta I Made Satria Wibawa Tangkeban I Made Sukayasa I Made Suniasta Amertha I Made Wiratama I Nyoman Agus Saputra I Nyoman Gede Sugiartha I Nyoman Kerthia Wahyudi I Nyoman Oky Krisnanda I Nyoman Subamia I Nyoman Sujana I Nyoman Sukandia I Nyoman Sutama I Nyoman Yudhi Astika I Putu Angga Septayana I Putu Bagus Ariana I Putu Dipta Indrayana I Putu Gede Murditayasa I Putu Gede Seputra I Putu Rusdi Eka Pratama I Putu Setiawan Ivan Baskara I Putu Utama Putra I Putu Widya Laksana Pendit I Putu Wina Wirawan I Putu Yoga Febrian Cahya I Putu Yogi Saputra I Wayan Agus Paramartha I Wayan Arthanaya I Wayan Arthanaya I Wayan Arthanaya I Wayan Arthanaya I Wayan Bayu Suta I Wayan Eka Yasa I Wayan Gede Alfitra Surya Wijaya I Wayan Indra Adi Wicaksana I Wayan Parandika I Wayan Rideng I Wayan Tika Tambunan I Wayan Wahyu Wisnanta I Wayan Wesna Astara I.B. Gede Agustya Mahaputra Ida Ayu Gede Putri Satrianingsih Ida Ayu Putu Widiati Ida Bagus Rama Pratistha Indrasari Kresnadjaja Kadek Agus Adi Mego Kadek Anggik Dwiyanti Kadek Ardy Arya Saputra Kadek Bayu Dinata Putra Kadek Dani Arditha Perrnana Kadek Della Ayu Saputri Kadek Devi Arta Adnyani Kadek Dewi Darmayanti Kadek Jiyoti Mahayana Kadek Mas Aditya Mahottama Kadek Megah Bintaranny Kadek Ramdhana Wija Dharma Karma, Ni Made Sukaryati Kenneth De Lara Lim Ketut Adi Wirawan Ketut Arie Jaya Komang Kory Jayani Komang Krisna Hady Saputra Komang Vegayanthi l Gede Surya Mardita Putra lda Ayu Putu Widiati Linda Vianty Mala Takko Luh Eni Pribadi Luh Made Mahendrawati Luh Putu Sudini M Syahrul Bahri Made Indira Sukma Dewi Made Ipunk Dwi Kusuma Made Irnanda Diandifa Lestari Made Puspasutari Ujianti Made Putri Laras Sapta Ananda Made Restu Hawiwie Made Wisnuyoga Wardana Madejaya Senastri May Linda Iswaningsih Mey Anjani Ni Gusti Ketut Sri Ni Gusti Ketut Sri Astiti Ni Gusti Ketut Sri Astiti Ni Gusti Ketut Sri Astiti Ni Gusti Ketut Sri Astiti Ni Kadek Emy Kencana Wati Ni Kadek Marantina Dewi Ni Komang Arini Styawati Ni Luh Gede Suwarni Ni Made Ayu Pratiwi Ni Made Debi Ade Viskesia Ni Made Febby Savitri Dwi Cahyani Ni Made Harini Ni Made Lady Ruslya Ni Made Mirah Dwi Lestari Ni Made Puspa Sutari Ujianti Ni Made Puspa Sutari Ujianti Ni Made Puspa Sutariujianti Ni Made Puspasutari Ujianti Ni Made Puspautari Ujianti Ni Made Seri Wahyuni Dewi Ni Made Vira Vija Rahmasari Ni Nyoman Ayu Ratih Ganitri Ni Putu Ayu Diah Novianti Ni Putu Dyah Ayu Karina Prabandari Ni Putu Gita Padmayani Ni Putu Rai Santi Pradnyani Ni Putu Trisna Dewi Ni Putu Wirastha Wisnuswari Nurin Fitriana Ulfa Pande Bagus Yoga Pratama Putra Parmila, I Putu Prabowo Wijayanto Putu Agung Surya Prawira Putu Agus Wiyoga Dana Putra Putu Ayu Devi Kardila Putu Ayu Sriasih Wesna Putu Indri Sri Giyanthi Putu Inten Kanaya Putu Nita Yulistian Putu Suryani . Putu Widhiatmika Coryka Ratu Muti’ah Ilmalia Riadhi Tedi Putra Robertus Berli Puryanto Rofi Kurniawan Rustandi Senastri, Ni Made Jaya Widhiatmika Coryka Widiati, Ida Ayu Putu Yoga Wira Pranata Yogi Kristanto Yosef Primus Bana Yoshua Pramana Kawi

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