Articles
Pelaksanaan Asas Itikad Baik dalam Perjanjian Kredit Secara Lisan dengan jaminan Gadai Mobil
l Gede Surya Mardita Putra;
I Nyoman Putu Budiartha;
Desak Gde Dwi Arini
Jurnal Preferensi Hukum Vol. 2 No. 2 (2021): Jurnal Preferensi Hukum
Publisher : Warmadewa Press
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DOI: 10.22225/jph.2.2.3320.265-270
In general, when someone carries out a loan to a bank or company, an agreement will be made that has been agreed by both parties. In this case, there is an agreement but it does not written in the paper. The purpose of this research is to analyze the validity of the oral credit agreement with the car pawn guarantee and the implementation of the good faith principle in the oral credit agreement with the car pawn guarantee. The type of the research used is empirical by using primary data sources and secondary data obtained from field research, literature and legislation relating to the issues. The data collection techniques are carried out by recording and documentation. In order to get a clear explanation, the data is analyzed and presented qualitatively. The result of the research reveals that the credit agreement made orally by Party 1 and Party 2 had fulfilled all the provisions of the validity of the agreement under Article 1320 of the Civil Code. There is an agreement to carry money off by guaranteeing a Toyota car. Party 1 has carried out in good faith the matters agreed in the agreement made together with party 2 without any violation by making repayments of the loan he made to Ketut in the amount of 30% of what was agreed within 5 months with interest on the loan at 10% per month
Pelaksanaan Jaminan Sosial Bagi Korban Kecelakaan Lalu Lintas Jalan Pada Pt. Jasa Raharja Cabang Bali Wilayah Gianyar
I Wayan Parandika;
I Nyoman Putu Budiartha;
Ni Made Puspa Sutari Ujianti
Jurnal Preferensi Hukum Vol. 2 No. 2 (2021): Jurnal Preferensi Hukum
Publisher : Warmadewa Press
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DOI: 10.22225/jph.2.2.3323.282-287
The development of technology evolves every year. This affects the economic aspects of transportation services. It cannot be denied that every means of transportation has risks in its journey. In this case, there must be implementation in social security for accident victims. The purpose of this research is to reveal the implementation of social security for victims of traffic accidents as well as the obstacle factors in the implementation of road social security at PT. Raharja Bali Gianyar Region services for road traffic accident victims. The method used is empirical legal research with a conceptual and a case approach. Sources of legal materials used are secondary, primary and tertiary sources of law and then analyzed descriptively. The data collection technique was carried out by interviewing the victim and the victim's heirs. The result of this research is the implementation of social security for road traffic accident victims at PT. Jasa Raharja Bali, Gianyar Region is carried out in accordance with the applicable laws and regulations. Factors that hinder its implementation include: the community does not know the scope of the guarantees that are covered, the external obstacles, namely correspondence and administrative management, and obstacles from the side of accident victims who submit claims to receive compensation from PT Jasa Raharja, Bali, Gianyar Region namely, obstacles in determining heirs for accident victims who died existed in processing a Police Report which required sufficient witnesses
Restrukturisasi Kredit terhadap Debitur Akibat Wanprestasi Karena Dampak Pandemi Covid-19
I Made Rai Sukerta;
I Nyoman Putu Budiartha;
Desak Gde Dwi Arini
Jurnal Preferensi Hukum Vol. 2 No. 2 (2021): Jurnal Preferensi Hukum
Publisher : Warmadewa Press
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DOI: 10.22225/jph.2.2.3329.326-331
The Covid-19 pandemic in Indonesia has not only had an impact on health, the Indonesian economy has also been affected. The banking sector has been affected by this pandemic. Credit restructuring aims to provide relief for debtors in fulfilling their obligations. Then the rules regarding restructuring in the POJK will later become a reference for banks to provide relief for debtors who are affected by covid-19 The Covid-19 pandemic in Indonesia not only has an impact on health, the Indonesian economy is also affected. The banking sector has been affected by this pandemic. Credit restructuring aims to provide relief for debtors in fulfilling their obligations. Then the rules regarding restructuring in the POJK will later become a reference for banks to provide relief for debtors affected by Covid-19. There are several problems faced, namely the form of legal protection for debtors due to default due to the impact of the Covid-19 pandemic and the criteria for debtors who meet the requirements for credit restructuring due to the Covid-19 pandemic. Using normative methods. Benruk legal protection for debtors due to default can apply for credit restructuring in accordance with the POJK. The criteria for debtors who meet the requirements for restructuring are given to debtors if they are really affected by the spread of the corona virus such as a debtor who has a business that is classified as vulnerable to the spread of the corona virus and the debtor's business has decreased income and if indeed the debtor meets these requirements the debtor will meet the restructuring requirements and will be restructured after the debtor is indeed affected by the corona virus
Pertanggungjawaban Para Pihak dalam Hal Terjadinya Peretasan Telepon Seluler
Ni Made Vira Vija Rahmasari;
I Nyoman Putu Budiartha;
Madejaya Senastri
Jurnal Preferensi Hukum Vol. 2 No. 2 (2021): Jurnal Preferensi Hukum
Publisher : Warmadewa Press
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DOI: 10.22225/jph.2.2.3332.343-348
With the development of the times, cell phones have become a primary need for some people with an internet that is increasingly complete with features that can support people's lives. Based on this, there are also deviant crimes that occur in society, one of which is hacking crimes against cell phones. Hacking a cell phone can create legal issues related to consumer protection. The purpose of this research is to find out what is the concept of guarantee/guarantee for the rights of consumers who use cell phones in the event of hacking and the responsibility of the government towards consumers for guarantee rights in the event of hacking of cell phones. The research method in this paper is normative legal research, with a statutory and conceptual approach. This study concludes that the warranty on hacking cases has not been regulated in the Consumer Protection Law. The form of consumer protection provided by the government to users of cellular telephone services is more directed at fostering and empowering consumers.
Perjanjian Nominee dan Akibat Hukumnya Menurut Sistem Hukum Positif Indonesia
Linda Vianty Mala Takko;
I Nyoman Putu Budiartha;
Anak Agung Sagung Laksmi Dewi
Jurnal Preferensi Hukum Vol. 2 No. 2 (2021): Jurnal Preferensi Hukum
Publisher : Warmadewa Press
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DOI: 10.22225/jph.2.2.3339.365-370
The procedure for transferring land rights to house ownership or those occupied by foreigners residing in Indonesia has been regulated by a ministerial regulation or the head of the land agency which is carried out by the process of registering the land with the aim of providing legal certainty or providing legal protection for those who have rights over land. A plot of houses and land, units of apartment or other rights owned so that it is easy to prove that it is true that they are the owner of these rights. The purpose of this study is to determine the procedures for the release or transfer of rights to the ownership of a residential or residential house by foreigners domiciled in Indonesia. The research used is a type of normative legal research. Regarding the source of legal materials used, it is divided into primary legal materials, which are the main legal materials which are the basis for the study of the writing of this research. From the presentation of the research it can be concluded that the procedures for the transfer of rights to land for permanent residential ownership by foreigners who are domiciled in Indonesia have been regulated by the ministerial regulation or the head of the land agency which is carried out by the process of registering the land with the aim of providing legal certainty or providing legal protection for who has the right to a plot of house and land, unit of apartment or other rights owned so that it is easy to prove that it is true that it is the owner of these rights.
Tinjauan Yuridis terhadap Transaksi Jual Beli Tanah Melalui Internet Banking
Made Restu Hawiwie;
I Nyoman Putu Budiartha;
Ni Komang Arini Styawati
Jurnal Preferensi Hukum Vol. 2 No. 2 (2021): Jurnal Preferensi Hukum
Publisher : Warmadewa Press
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DOI: 10.22225/jph.2.2.3348.400-404
The development of information. technology today makes internet banking an alternative in land buying and selling transactions. With the emergence of this technology it makes it easy for land buying and selling transactions and increases cost and time efficiency. The researcher figures out the problem in this research first, how to arrange land buying and selling transactions through internet banking and second, how proof of payment via internet banking becomes a guideline for the preparation of land buying and selling. The research method used is a normative legal research method with a statutory study approach. The source of primary legal materials is the applicable laws and regulations and secondary legal materials namely literature. From the research results, it can be concluded that the arrangement of land safe and purchase transact ions through internet banking is regulated in Article 1320 and Article /457 KUHP, Article 19 VU /TE, and Article 19 paragraphs (1) and (2) UUPA, as well as PP Number 24 of 1997. Proof of payment via internet banking as the basis for drawing up a land safe and purchase deed is regulated in Article 5 paragraph (1) UV/TE.
Perlindungan Hukum Terhadap Keamanan Data Pribadi Konsumen Teknologi Finansial dalam Transaksi Elektronik
A. A. Ngurah Deddy Hendra Kesuma;
I Nyoman Putu Budiartha;
Puru Ayu Sriasih Wesna
Jurnal Preferensi Hukum Vol. 2 No. 2 (2021): Jurnal Preferensi Hukum
Publisher : Warmadewa Press
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DOI: 10.22225/jph.2.2.3350.411-416
These days, the utilize of personal data is progressively gigantic in line with the current improvement of the digital industry, the publics submit their data to online applications such as Financial Technology and online trading as a necessity of being able to utilize these services. The formulations of the problem are 1J How is the Legal protection against the personal data of Financial Technology consumers? 2) What legal remedies can Financial Technology consumers take if the personal data is abused by the organizer? The results showed that personal data is information within the frame of identities, codes, symbols, letters, or numbers that demonstrate a person's individual identity. In the event that within the future there is a dispute and the consumer endures a misfortune, the casualty of personal data abuse can take legal action by way of deliberation and complaints to the Ministry of Communication and Information or OJK (non-litigation) and if it does 1101 resolve consumer disputes, they can record a gracious suit (litigation) 011 the premise of illegal acts IP M Hand askfor emolument
Pengadaan Sarana Saluran Air Bersih Antara CV. Bangun Cemerlang dengan PDAM Kota Negara Menurut Perpres Nomor 16 Tahun 2018
I Putu Bagus Ariana;
I Nyoman Putu Budiartha;
I Wayan Arthanaya
Jurnal Preferensi Hukum Vol. 2 No. 2 (2021): Jurnal Preferensi Hukum
Publisher : Warmadewa Press
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DOI: 10.22225/jph.2.2.3353.429-434
Water is one of the vital resources for human life and nature. On a wider scale, clean water is essential for social and economic development. This research aims to determine the form of cooperation between PDAM and Cv. Bangun Cemerlang whether it is in accordance with PERPRES Number 16 of 2018. This research method is normative law using a conceptual approach and a statutory approach. Before being used for living purposes, water must first be processed to benefit public health. In this case, the role of the Government is required in regulating and managing the fulfillment of clean water needs for the community through an important production branch of the government, namely the Regional Drinking Water Company (PDAM). The results of this study indicate that the collaboration between the government and Cv. Bangun Cemerlang has taken place in accordance with applicable regulations and in accordance with PERPRES Number 16 of 2018. In accordance with applicable laws and regulations in Indonesia, the government is responsible for the quality of water that reaches the public and the public can make complaints to the government as a form of service protest. given with the aim that in the future it can provide better service
Perlindungan Hukum Terhadap Tenaga Kerja Lokal dalam Undang-undang Nomor 11 Tahun 2020 tentang Omnibus Law Cipta Kerja
May Linda Iswaningsih;
I Nyoman Putu Budiartha;
Ni Made Puspasutari Ujianti
Jurnal Preferensi Hukum Vol. 2 No. 3 (2021): Jurnal Preferensi Hukum
Publisher : Warmadewa Press
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DOI: 10.22225/jph.2.3.3986.478-484
Regulatory problems and the disharmony of laws and regulations in labor law in Indonesia have forced the government to reform the rules through the omnibus law which aims to reduce the unemployment rate in Indonesia. The concept of a state of law (rechtsstaat) adopted by the Indonesian state includes the protection of human rights as well as legal certainty and is based on the law. Economic development is very important for improving people's welfare. The purpose of this study is to analyze the regulation of the omnibus law of work copyright for local workers in foreign investment companies in Indonesia and the form of legal protection of the omnibus law of work copyright for workers. The type of research used is the type of normative law research with a statutory approach and a conceptual approach. The legal materials used are primary, secondary, and tertiary. The technique of collecting legal materials by analyzing and citing applicable laws and regulations from books, literature, and other sources. The results of the study reveal that the omnibus law concept is one of the breakthroughs to reorganize current regulations. To minimize the occurrence of disharmony and overlapping of existing laws and regulations, the omnibus law is a good plan for structuring regulations. The Indonesian people must formulate new policies that are able to make Indonesia compete with countries in the world to attract investment. These policies must be able to restore the wheels of the slumped Indonesian economy. Regulatory reform is expected to help ensure that laws and regulations in all areas of activity are fully responsive to changing economic, social and technological conditions that surround them.
Perlindungan Hukum Terhadap Pihak Ketiga Akibat Direksi Melakukan Tindakan di Luar Anggaran Dasar Perseroan Terbatas
Putu Agung Surya Prawira;
I Nyoman Putu Budiartha;
Ni Made Puspa Sutariujianti
Jurnal Preferensi Hukum Vol. 2 No. 3 (2021): Jurnal Preferensi Hukum
Publisher : Warmadewa Press
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DOI: 10.22225/jph.2.3.3992.507-512
Company carrying out actions outside the articles of association can basically be explained from the idea that the principles outside of these articles of association are generally accepted doctrines. In this case, sometimes there are problems that occur, so legal protection for third parties is very necessary in overcoming actions outside the articles of association of the limited liability company. The purpose of this study is to reveal the legal protection of third parties in the case of directors taking actions outside the articles of association of a limited liability company in an effort to restore the rights of third parties for actions by directors outside the articles of association of a limited liability company (PT). The type of research applied in this research is normative research. The sources of legal materials used are primary and secondary legal sources. Techniques for collecting legal materials by studying document recording. After the legal material is collected, it is then analyzed qualitatively. The results of the study reveal that in Indonesia it is possible to implicitly state the Limited Liability Company Law, acknowledge and accept the Doctrine outside the articles of association of the Limited Liability Company. In addition, there are also some grounds that can be used as an alibi to provide protection against third parties. These basics include the Principle of Good Faith, the Pacta Sun Servanda Principle and the Doctrine outside the Modern constitution. By relying on these basics, preventive legal protection and repressive legal protection can be provided.