Articles
Bentuk Perlindungan Hukum bagi Nasabah terhadap Pembobolan Rekening Nasabah oleh Pegawai Bank
Riadhi Tedi Putra;
I Nyoman Putu Budiartha;
Ni Made Puspasutari Ujianti
Jurnal Interpretasi Hukum Vol. 1 No. 2 (2020): Jurnal Interpretasi Hukum
Publisher : Warmadewa Press
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DOI: 10.22225/juinhum.1.2.2461.181-185
Legal protection for customers as consumers in the banking sector is an urgent matter, considering that there have been many incidents of theft of money through customer account hacking, even by bank employees themselves. The type of banking crime observed in this study is a banking crime involving bank employees. The choice of this type of crime is based on the fact that the majority of banking crimes that have recently occurred are committed by people involved as bank management team, so the causative factors need to be found immediately in order to determine the appropriate preventive measures. Based on this, the study uncovers two issues: (1) the form of legal protection for the bank customer regarding the theft of their money through the hacking of their account by a bank employee and (2) the bank’s liability for the theft of money that is committed through hacking of the customer account by bank the employee itself. This study uses a normative research method with a statute approach, a case approach, and a conceptual approach. The results showed that legal protection for bank customer with regard to the theft of money through hacking of customer account by bank employee was realised in the form of a warning against the offender of the hacking. The liability of the bank for the hacking of the customer account by its employee is through the collection and management of customer funds who was the victim of such hacking was carried out based on the principle of trust to ensure the safety of public deposits in the bank.
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
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DOI: 10.22225/juinhum.1.2.2465.197-202
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.
Perlindungan Hukum Konsumen atas Informasi Harga pada Produk Minuman
M Syahrul Bahri;
I Nyoman Putu Budiartha;
Ni Made Puspasutari Ujianti
Jurnal Interpretasi Hukum Vol. 2 No. 1 (2021): Jurnal Interpretasi Hukum
Publisher : Warmadewa Press
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DOI: 10.22225/juinhum.2.1.3071.137-141
Drinking is one of the main needs of humans in the world that must be fulfilled for activity. Every human being must meet his needs, especially drinks, whether in quantity or in terms of the health of the drink. Therefore, the State must provide security for its people without exception whether it is related to supervision or regulating its circulation. This study aims to explain the legal protection for consumers for information on the price of beverage products listed on the packaging and to explain the resolution efforts regarding the difference between the price on the packaging and the selling price paid. This research used normative legal research, with a juridical approach through the hermenutic method. The data used were secondary and primary data which were analyzed qualitatively. The result of the research showed that the government has provided consumer protection for the provision of accurate information by means of obligations imposed by business actors as well as prohibitions that cannot be violated. The responsibility of business actors to resolve disputes can be pursued through channels outside the court as well as through court channels. The factors that influence the occurrence of a product that is nominally different from the price on the packaging consist of internal factors and external factors. If there is a difference in price on the package and at the time of payment, the cheapest fee will be paid.
Kewenangan Pengelolaan Keuangan Lembaga Perkreditan Desa (LPD) Setelah Berlakunya Peraturan Daerah Nomor 29 Tahun 2013
Made Ipunk Dwi Kusuma;
Nyoman Putu Budiartha;
Diah Gayatri Sudibya
Jurnal Interpretasi Hukum Vol. 2 No. 1 (2021): Jurnal Interpretasi Hukum
Publisher : Warmadewa Press
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DOI: 10.22225/juinhum.2.1.3073.142-146
The purpose of this research is to explain the authority of LPD financial management in Badung Regency, after the enactment of the Badung Regency Regulation No. 29/2013 and to find out the direction of the utilization of LPD coaching funds in Badung Regency. This research used normative legal research, with a statutory approach that specifically regulates the financial management authority of the LPD after the enactment of the Badung Regency Regulation number 29 of 2013. The data sources used were primary and secondary legal materials. The data were analyzed using descriptive qualitative method, namely the presentation by describing in detail certain aspects related to the problem being researched. The results showed that the authority to regulate the implementation of village credit institution activities in Badung Regency is still handled by the Provincial government because so far the Province has never handed over or delegated this authority to Badung Regency. Second, the utilization of village credit institution development funds is to provide guidance to LPDs in Bali and to improve the performance and quality of LPD management human resources.
Penyelesaian Perkara Pencurian sebagai Tindak Pidana Ringan Pasca Peraturan Mahkamah Agung Nomor 2 Tahun 2012
Gede Mahadi Waisnawa Hanata Putra;
I Nyoman Putu Budiartha;
Ni Made Sukaryati Karma
Jurnal Interpretasi Hukum Vol. 2 No. 1 (2021): Jurnal Interpretasi Hukum
Publisher : Warmadewa Press
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DOI: 10.22225/juinhum.2.1.3081.19-24
Indonesian Criminal Law is currently a legacy from the Dutch East Indies Government which has been adapted and passed by Law No. 16 of 1946 to be implemented nationally. The purpose of this research is to describe the regulation of theft of minor crimes in the Criminal Code before the Supreme Court Regulation Number 2 of 2012 and to describe the juridical consequences of Supreme Court Regulation No.2 of 2012 on theft as a minor criminal act in the Criminal Code. This research uses normative legal research methods. The results show that according to Article 206 of the Criminal Procedure Code, procedures for granting authority to investigate and review cases are carried out by the investigator himself and should not be disturbed by the prosecutor. This Perpres adjusts articles 364, 373, 379, 384, 407 and article 482 of the Criminal Code to Rp. 2,500,000.00. Therefore, fulfill this element of the requirement and enter a case where the value of the commodity does not exceed Rp. 2,500,000.00. Therefore, the case is examined by expedited procedure, which is tried by a judge, and the assignment and review of the case is carried out by the investigator himself without the interference of the prosecutor.
Perlindungan Hukum bagi Pekerja Toko Modern yang Terkena Pemutusan Hubungan Kerja (PHK) secara Sepihak Akibat Dampak Pandemi Covid-19 di Kota Denpasar
Gusti Ayu Arya Anindyanari Auliani Dewi;
I Nyoman Putu Budiartha;
Made Puspasutari Ujianti
Jurnal Interpretasi Hukum Vol. 2 No. 1 (2021): Jurnal Interpretasi Hukum
Publisher : Warmadewa Press
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DOI: 10.22225/juinhum.2.1.3082.31-36
The termination of the work bond was still often carried out by business owners to their workers. Among other things, modern shop owners in denpasar did as a result of the covid-19 impact of Indonesia. They make stops on modern shop workers without prior deliberations. The issue that arises is how the legal rights and protection arrangement for workers can be laid off unilaterally by the owners. The study of law is an empirical law study. Data from writing comes from debriefing and research literature. In an effort to provide legal protection against unilateral layoffs from modern shop workers, the government has issued several rules relating to the termination of employment agreements by business owners. Furthermore, the rights of unemployed workers should be noted such as severance pay and repayment and guarantee legal protection by giving preventive and repressive protection to prevent overworked owners from using unemployment.
Keberadaan Keputusan Majelis Utama Desa Pakraman Bali (MUDP) Bali No. 01/Kep/Psm-3/MDP Bali/X/2010 di Desa Adat Lambing
Gusti Ayu Dewi Irna Yanthi;
I Nyoman Putu Budiartha;
I Ketut Sukadana
Jurnal Interpretasi Hukum Vol. 2 No. 1 (2021): Jurnal Interpretasi Hukum
Publisher : Warmadewa Press
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DOI: 10.22225/juinhum.2.1.3083.153-157
Inheritance in Bali adheres to the Patrilineal principle where boys have the right to inherit while women do not have the right to inherit. However, the Main Council of Pakraman Village (MUDP) Bali made a new breakthrough in which Balinese women can inherit. The purpose of this study was to determine the position of inheritance rights for women based on Balinese traditional inheritance law, and to determine the existence of the Bali Pakraman Village Main Council Decree (MUDP) No.01 / Kep / Psm-3 / MDP Bali / X / 2010 in Lambing Traditional Village. . In this study, using empirical research methods by presenting data qualitatively. The results of the study stated that in the awig-awig of the Lambing traditional village, the position of women was not as heirs. Meanwhile, the implementation of the decision of Pesamuhan Agung III of the Main Assembly of Pakraman Village is not fully implemented. Lack of socialization and the enactment of awig-awig as a binding rule have resulted in the inability to implement this decision.
Pengaturan Pendirian Perusahaan Penanaman Modal Asing (PMA) di Indonesia
Gusti Ngurah Sudarma Yuda;
I Nyoman Putu Budiartha;
Ni Made Puspa Sutari Ujianti
Jurnal Interpretasi Hukum Vol. 2 No. 1 (2021): Jurnal Interpretasi Hukum
Publisher : Warmadewa Press
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DOI: 10.22225/juinhum.2.1.3084.43-47
Investment has a very important function in terms of improving the development of the state's economy. This investment is an activity carried out by the business world in order to improve the standard of living of the community. The research aims to explain the arrangement of agreements for the establishment of foreign investment companies in the era of regional autonomy and to describe the settlement of disputes in foreign investment. The research method was normative legal research with a problem approach using a statutory approach and a conceptual approach. The data sources used were primary and secondary legal materials. The results of this study indicatde the existence of PMA during the regional autonomy era, the policies taken by the Bali Provincial BKPMD / BPM to attract investors to invest in the Bali area, especially the Bali Province BKPMD / BPM are still guided by the Letter of the Deputy for National Entrepreneurship Development, BPM Number S-35. / DU-5BKPM / 2001 concerning the field of promotion and international cooperation in investment and dispute resolution for foreign investment who commit violations according to Law Number 25 of 2007 is pursued by means outside the general court (non-litigation) through arbitration and through the judiciary ( litigation).
Pengaturan Bentuk Usaha Penanaman Modal Asing di Indonesia
Hamam Febrian Cahaya;
I Nyoman Putu Budiartha;
Putu Ayu Sriasih Wesna
Jurnal Interpretasi Hukum Vol. 2 No. 1 (2021): Jurnal Interpretasi Hukum
Publisher : Warmadewa Press
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DOI: 10.22225/juinhum.2.1.3086.179-183
The regulation on the establishment of a foreign investment business entity in the field of export services trade has been promulgated through Law Number 25 of 2007 concerning Investment, as contained in Article 5 paragraph 2 it is determined that the company defined according to the article which applies to everything or the largest discount in Indonesia as a single entity, the company itself is required to have been formed into a legal entity according to Indonesian positive law and domiciled in Indonesia. This study aims to determine the arrangements for the establishment of foreign investment business entities in the export trade service sector, and to determine the policies and legal instruments implemented by the Regional Investment Coordinating Board in improving the foreign investment climate in the export trade sector. The research method used is the normative legal research method. Sources of legal materials used are divided into primary, secondary and tertiary legal materials. The results showed that the regulation on the establishment of a PMA business entity in the field of export services is regulated in the PM Law in Chapter IV Legal Forms, Position and Business Area, as contained in Article 5 paragraph 2, it is stated that the company referred to in foreign investment is obliged to be in the form of a PT on the basis of positive law in Indonesia and is in the territory of the Republic of Indonesia, unless otherwise stipulated by the Law. Legal entities in Indonesia are limited liability companies that have their own fundamentals as stated in Article 1 of the PT Law is a legal entity that stands on an agreement that carries out active business on the basis of assets that have been divided into capital injected by investors and have met all the requirements stipulated in this law and in its implementing regulations.
Keberlakuan Yuridis Peraturan Protokol Kesehatan di Provinsi Bali
I Gede Mallik Satya Devangga;
I Nyoman Putu Budiartha;
Ida Ayu Putu Widiati
Jurnal Interpretasi Hukum Vol. 2 No. 1 (2021): Jurnal Interpretasi Hukum
Publisher : Warmadewa Press
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DOI: 10.22225/juinhum.2.1.3088.163-167
The increase in Covid-19 caused the Bali provincial government to issue Bali governor regulation number 46 of 2020 which is an order from presidential instruction number 6 of 2020. Presidential instruction is not a product of statutory regulations, the researchers formulated two research objectives, namely to determine the position of Bali governor regulation number 46 2020 concerning the implementation of discipline and enforcement of health protocol laws as an effort to prevent and control the 2019 coronavirus disease in a new era of life in the statutory system in Indonesia, as well as to determine the validity of the enactment of the Bali governor's regulation Number 46 of 2020 in the statutory system of law in Indonesia. Indonesia The research method used in this study is a normative juridical research method. Based on the results of the research, it can be argued that Bali governor regulation number 46 of 2020 is the implementing regulation of the presidential instruction as a product of policy regulations. Then, Bali Governor regulation Number 46 of 2020 does not have binding power as is the case with statutory regulations. the basis for the judge's consideration is not statutory regulations but the general principle of good governance.