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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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Efektivitas Pengawasan Dinas Pertanian dan Pangan dalam Peredaran Daging Babi di Pasar Tradisional Kabupaten Badung I Made Aditya Wira Sanjaya; I Nyoman Putu Budiartha; Putu Ayu Sriasih Wesna
Jurnal Interpretasi Hukum Vol. 2 No. 1 (2021): Jurnal Interpretasi Hukum
Publisher : Warmadewa Press

In the business world, actors and consumers (use of goods or services) both have needs and interests. The business aims to earn profits and transactions with consumers, while consumers are to obtain satisfaction in terms of the price and quality of goods provided by the business actor. This study aims to explain the legal protection of consumers who consume pork in the traditional markets of Badung Regency and explain the supervision of the Government through the Agriculture and Food Service of Badung Regency on the sale of pork in the traditional markets of Badung Regency. This research used empirical legal research and a sociological legal approach. The data sources used were primary data and secondary data. Data collection techniques used in other studies used document study techniques and interviews. In this study, the processing and analysis were carried out qualitatively. This implementation is carried out at the Badung Regency Agriculture and Food Service. The rule of law against consumers is sufficient to protect consumer rights, furthermore, its effectiveness has been carried out effectively by the local government of Badung Regency

Pelaksanaan Perlindungan Konsumen Obat-Obatan dalam Kefarmasian I Putu Rusdi Eka Pratama; I Nyoman Putu Budiartha; Desak Gde Dwi Arini
Jurnal Interpretasi Hukum Vol. 2 No. 1 (2021): Jurnal Interpretasi Hukum
Publisher : Warmadewa Press

Technological advances have helped in the discovery of the latest medicines, this has further strengthened healthcare providers. However, this is not the case with consumers (patients). Consumers are less aware of their rights as users of goods and services so that which ones are good and which are bad, and which are really needed, consumers leave completely to competent health workers. This study aims to explain the legal protection of drug consumers for pharmaceutical services and to explain the liability of pharmaceutical companies regarding the losses suffered by drug consumers. This research used empirical law. Primary data sources were obtained by conducting field research with interview techniques and secondary data obtained by library research consisting of primary and secondary legal materials. The results showed that the legal protection of drug consumers in pharmaceutical services, which contains the rights and obligations of consumers as well as the rights and obligations of pharmaceutical companies as business actors. In principle, consumer legal protection is regulated in Law Number 8 of 1999 concerning Consumer Protection, in practice in pharmacies, legal protection for drug consumers is in accordance with applicable regulations and has been effective and conducive, then the responsibility of pharmaceutical companies for consumer losses drugs have provided compensation for material and immaterial damages when consumers are harmed.

Keabsahan Perkawinan Ngerorod (Kawin Lari) di Desa Kelusa, Kabupaten Gianyar I Wayan Bayu Suta; I Nyoman Putu Budiartha; I Ketut Sukadana
Jurnal Interpretasi Hukum Vol. 2 No. 1 (2021): Jurnal Interpretasi Hukum
Publisher : Warmadewa Press

Today's Balinese customary law recognizes two ways to carry out a marriage, namely marrying by memadik (engaging) and marrying by means of Ngerorod (kawin lari). If during the engagement period the parents and families of both parties have the blessing, the marriage will be done by memadik. Conversely, if the engagement period does not get the blessing of the parents and family of one or both parties, while the couple has already fallen in love and it is no longer possible to be separated, then ngerorod is the only way to get married. This study aims to determine the validity of the Ngerorod marriage (kawin lari) in the village of Kelusa, and to determine the legal settlement of the Ngerorod marriage in the village of Kelusa. The research method used is an empirical legal research method with a sociology of law approach. The results showed that the legality of the ngerorod marriage that usually occurs in Kelusa village is that the man and the woman make a statement that the woman is legally in the house of the man she loves. The male family came to Bendesa Adat and Kelian Adat to discuss the ngerorod marriage, then the man picked up the woman in front of her house. Then, the legal settlement in the Ngerorod Marriage in Kelusa village was because the woman was still married to another person, after going through a sangkep (meeting) by the traditional village prajuru giving customary sanctions and being directed or obliged to legally divorce according to the provisions of the Law.

Pemberian Kredit dengan Jaminan Fidusia pada PT Bank Mayapada Internasional Cabang Denpasar pada Masa Covid-19 Kadek Della Ayu Saputri; I Nyoman Putu Budiartha; Desak Gde Dwi Arini
Jurnal Interpretasi Hukum Vol. 2 No. 1 (2021): Jurnal Interpretasi Hukum
Publisher : Warmadewa Press

Fiduciary is one of the efficient guarantees for people who need funds amid the Covid-19 pandemic as is known the impact of this pandemic can be seen in the economic sector in Indonesia Banks are an effective intermediary institution as a channel for funds for productive financing activities which will encourage economic growth itself In this study discusses how PT Bank Mayapada Internasional Denpasar Branch provides policies in the midst of a pandemic like this then regarding the implementation of providing credit with fiduciary guarantees during the Covid-19 period as well as regarding the settlement of defaults related to providing credit with fiduciary guarantees during the Covid-19 period The type of research used is empirical legal research Based on the results of the study it is concluded that the implementation of the provision of credit during this pandemic begins with submitting a restructuring application then conducts analysis such as cash flow latest financial report checking account for the last three months collateral condition debtor s business visit and finally a new agreement is made Then the settlement of default is done by restructuring then mediation and finally by bringing the guarantee to the auction body.

Akibat Hukum Penggunaan Logo Perusahaan PT Pertamina (Persero) oleh Pelaku Usaha Penjual Bahan Bakar Minyak Pertamini Di Kota Denpasar Kadek Dewi Darmayanti; I Nyoman Putu Budiartha; Ni Made Puspasutari Ujianti
Jurnal Interpretasi Hukum Vol. 2 No. 1 (2021): Jurnal Interpretasi Hukum
Publisher : Warmadewa Press

The very high demand for fuel oil in Denpasar is considered as a business opportunity that provides great benefits In the business activity of selling First Oil Fuel business actors use the logo belonging to PT Pertamina to attract consumers The use of the same logo as PT Pertamina is not justified because it does not have a license or license from the trademark owner The research method in this writing uses empirical research The author discusses two legal issues namely the legality of the use of the PT Pertamina (Persero) against the logo of the fuel oil seller trading business in Denpasar City and the sanctions imposed on the business actor selling the Pertamina oil fuel Based on the results of the data obtained it shows that Pertamini does not have a permit from PT Pertamina to use the logo and most of the Pertamini business actors do not have a business license so that the Pertamina business actors can be subject to a maximum imprisonment of 5 (five) years and / or a maximum fine of IDR 2 000 000 000 00 (two billion rupiah) 100 paragraph (1) of Law Number 20 of 2016 concerning Marks and Geographical Indications.

Hak Waris Anak yang Dilahirkan melalui Perjanjian Surogasi Putu Nita Yulistian; I Nyoman Putu Budiartha; I Wayan Arthanaya
Jurnal Interpretasi Hukum Vol. 2 No. 1 (2021): Jurnal Interpretasi Hukum
Publisher : Warmadewa Press

The development of technology in the medical world has led to surrogation methods as an alternative for married couples who cannot have children due to medical indications. Surrogation is an agreement between a woman and the husband and wife to become pregnant by donating the embryo of the husband and wife into the woman's womb and the child born is handed over to the husband and wife who make this agreement. This raises legal issues, namely how the existence of a surrogation agreement according to the health law and the Civil Code and how the inheritance rights of children born as a result of the surrogation agreement. This study uses normative research with a statutory and conceptual approach using primary, secondary and tertiary legal materials. The results of this study indicate that the existence of a surrogation agreement does not exist specifically, but based on the logic of argumentum a contrario, article 127 paragraph (1) letter a of the Health Law, article 40 paragraph (2) and article 43 paragraph (3) letter b Government regulations concerning reproductive health prohibits the practice of surrogation in Indonesia and the surrogation agreement is declared invalid according to article 1320 of the Civil Code because it does not meet the objective requirements. If the child is born, according to the Marriage Law, the child has the right to inherit to the surrogate woman's legal husband or to the surrogate woman and her family. However, if the child is adopted by the biological parent, the civil relationship between the child and the biological parent will be cut off and the right to inherit from the adoptive parent, in this case the biological parent of the child.

Pelaksanaan Pengawasan Pekerja Warga Negara Asing di Diprovinsi Bali Prabowo Wijayanto; I Nyoman Putu Budiartha; Desak Gede Dwi Arini
Jurnal Interpretasi Hukum Vol. 2 No. 1 (2021): Jurnal Interpretasi Hukum
Publisher : Warmadewa Press

The large number of foreign workers working in Bali invites attention from the government to conduct measurable and directed supervision. In order to create administrative order, a regulation is made in the form of Permit to Hire Foreign Workers (IMTA). The purpose of this paper is to find out how the legal provisions and factors that occur in the implementation of supervision of foreign workers. From the facts that occur can be formulated the problem as follows: first, how is the implementation of TKA supervision by the Department of Labor of the Province of Bali? Second, what are the inhibiting factors? The method used in this paper is empirical, namely by conducting direct observations and interviews with sources in this case the related by Department of labor workers. Based on the results of research and discussion on the process of implementing labor inspections carried out by the Bali Provincial Manpower Office for companies that use foreign labor through granting permission to employ Foreign Workers (IMTA) in the Bali Provincial labor Office. The inhibiting factors include: TKA users neglect to intentionally not extend the IMTA, lack of coordination between the immigration office that issued a residence permit with the Bali Provincial Manpower Office or the Ministry of Manpower as the agency issuing permits to hire Foreign Workers, weak supervision and control by the local Provincial Manpower Office. Socialization caused by the unavailability of a budget from the Ministry of Manpower and Transmigration.

Perlindungan Hukum bagi Pekerja Dengan Perjanjian Kerja Tidak Tertulis pada Perusahaan Pemberi Kerja Robertus Berli Puryanto; I Nyoman Putu Budiartha; Ni Made Puspasutari Ujianti
Jurnal Interpretasi Hukum Vol. 2 No. 1 (2021): Jurnal Interpretasi Hukum
Publisher : Warmadewa Press

Labor is something that is needed by an employing company in carrying out its economic activities. This can be seen in the constitutional arrangements of the Republic of Indonesia in Article 27 paragraph (2) of the 1945 Constitution of the Republic of Indonesia. In the implementation of the working relationship between workers and the employing company, there are several rights and obligations that must be fulfilled between the two parties. Because there are provisions regarding work agreements that are differentiated based on the form of the agreement, each worker has different rights where these rights must be guaranteed by the company based on law. From this, the problems that will be examined are legal protection for workers with an unwritten work agreement at the employing company, as well as legal remedies that can be taken by workers with an unwritten agreement in the event of a violation of rights by the company. The research method used is normative legal research, namely legal research conducted by examining existing library materials. By examining problems by looking at existing regulations, and describing problems that occur in practice or in everyday life in society. From the research conducted, it was found that legal protection for workers with an unwritten work agreement at the employing company is regulated based on Law Number 13 of 2003 concerning Manpower where the basis is that the applicable work agreement is an indefinite work agreement so that the rights obtained under the provisions of the law. Then efforts that can be made if there is a violation of the law in work relations is based on Law Number 20 of 2004 concerning Industrial Relations Dispute Settlement, namely in the form of Bipartite, Tripartite (Mediation, Consoliation and Arbitration) negotiations, as well as through Trials at the Industrial Relations Court.

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

Inheritance in Bali adheres to the Patrilineal principle where men 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 is to describe the position of women's inheritance rights based on customary inheritance law in Bali and to describe the existence of the Bali Pakraman Village Main Council Decree (MUDP) No.01 / Kep / Psm-3 / MDP Bali / X / 2010 in Lambing Traditional Village. This study used an empirical research method by presenting data qualitatively. The results of the study stated that in the awig-awig of the traditional village of Lambing, 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 has not been fully implemented. Lack of socialization and the enactment of awig-awig as a binding rule have resulted in the inability to implement this decision.

Pelaksanaan Perlindungan Hukum bagi Pemilik Hak Cipta Musik dan Lagu dalam Pembayaran Royalti oleh Yayasan Karya Cipta Indonesia Ni Made Harini; I Nyoman Putu Budiartha; Desak Gde Dwi Arini
Jurnal Interpretasi Hukum Vol. 2 No. 1 (2021): Jurnal Interpretasi Hukum
Publisher : Warmadewa Press

Copyright gives an exclusive title to the work of the author which is granted by law as an award. The copyright function protects creators from copyright infringement. This study aims to explain the form of legal protection for music and song copyright owners in royalty payments by the Indonesian copyright works foundation and to describe what factors influence royalty payments and dispute resolution efforts faced by music and song copyright holders in royalty payments by the Karya Foundation. Indonesian copyright. This type of research is an empirical legal research with a conceptual approach to legal issues of fact and sociology. The data sources used were primary and secondary legal materials. The results of the study indicated that copyright is regulated in Law Number 28 of 2014 concerning Copyright. The form of copyright law protection, namely legal protection of moral rights and legal protection of economic rights. Creators and the KCI Foundation have rights and obligations, in the process of paying royalties experiencing several obstacles and supporters experienced by the KCI Foundation creators and copyright users. Dispute settlement efforts through alternative arbitration and court dispute resolution.

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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Journal : Jurnal Interpretasi Hukum