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Peranan Jaksa Pengacara Negara dalam Menyelesaikan Kasus Mewakili Badan Penyelenggara Jaminan Sosial (BPJS) Ketenagakerjaan di Denpasar
Gusti Ayu Ajeng Prabaningtyas;
Nyoman Putu Budiartha;
I Made Minggu Widyantara
Jurnal Interpretasi Hukum Vol. 2 No. 3 (2021): Jurnal Interpretasi Hukum
Publisher : Fakultas Hukum, Universitas Warmadewa
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DOI: 10.22225/juinhum.2.3.4120.462-467
The prosecutor as the recipient of the power of attorney in a special power of attorney, which in this case represents employment BPJS, handles legal issues related to entrepreneurs who have not registered themselves and staff as members of the Manpower Dependent Program. The purposes of this study are to reveal the role of state attorneys in resolving cases representing the Social Security Administering Body (BPJS) for employment in Denpasar and the efforts of state attorneys to resolve cases representing BPJS for employment in Denpasar. This type of research is sociological with an empirical juridical approach. Data collection techniques were carried out by literature study, observation, interviews related to this research. Sources of data used in the form of secondary and primary data which are then analyzed systematically. The results of the study indicate that the role of the State Attorney's Attorney in resolving cases representing BPJS Ketenagakerjaan as a legal counsel with a Special Power of Attorney to resolve the company has not recorded itself and its staff in the Manpower Dependent Program. While the efforts of State Lawyers in resolving cases representing BPJS Ketenagakerjaan, with a Special Power of Attorney from BPJS Ketenagakerjaan, State Attorneys act in terms of providing non-litigation legal assistance by mediating business entities and individuals who do not register as members of the Employment Social Security Agency or have not complied with the payment of fees
Pelaksanaan Tradisi Perkawinan Merariq (Besebo) Suku Sasak di Lombok Timur
Ratu Muti’ah Ilmalia;
I Nyoman Putu Budiartha;
Diah Gayatri Sudibya
Jurnal Interpretasi Hukum Vol. 2 No. 3 (2021): Jurnal Interpretasi Hukum
Publisher : Fakultas Hukum, Universitas Warmadewa
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DOI: 10.22225/juinhum.2.3.4123.479-483
The Merariq (Besebo) Marriage Tradition is a traditional marriage tradition in the Sasak Tribe, starting from the Memaling incident, also called stealing on the basis of the consent of a woman whose rights are still in the power of her parents, to prove as a form of chivalry as well as a form of the man's seriousness to marry the girl. Every Merariq profession has values ​​or morals of life that can become a guide for life for the community. The purposes of this study are to reveal the implementation of the merariq (besebo) marriage tradition in the Sasak tribe in East Lombok and the application of the merariq (besebo) marriage tradition according to Law No. 1 of 1974 and the Compilation of Islamic Law (KHI). The type of research used is Empirical Law research with a statutory approach and case approach. Data collection techniques in normative legal research are carried out by literature studies on legal materials. Sources of legal materials used are primary and secondary data. The data analysis technique is done by analytical descriptive. The results of the study revealed that the merariq tradition in the Sasak Tribe area has a picture of the marriage tradition with various rituals, where the traditional rituals are able to provide social value, and a moral message that is very attached to the Sasak people in East Lombok.
Perlindungan Hukum Terhadap Pekerja Debitur Yang Mengalami Pemutusan Hubungan Kerja Akibat Covid-19 Pada Pt.Astra International Tbk-Honda
I Putu Yogi Saputra;
I Nyoman Putu Budiartha;
Ni Made Puspasutari Ujianti
Jurnal Interpretasi Hukum Vol. 2 No. 3 (2021): Jurnal Interpretasi Hukum
Publisher : Fakultas Hukum, Universitas Warmadewa
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DOI: 10.22225/juinhum.2.3.4124.484-489
Termination of employment during the covid-19 pandemic is a step that must be taken by PT. Astra International Tbk-Honda in order to avoid more severe losses, the legal protection provided to debtor workers who have been laid off during the Covid-19 pandemic has been regulated in Law No. 13 of 2003 concerning Manpower which aims to guarantee all basic rights of workers and guarantee equality and treatment without discrimination on any basis to realize the welfare of workers, especially for workers who have been terminated. The purposes of this research are to reveal the form of legal protection for debtor workers who experience Termination of Employment (PHK) during the Covid-19 pandemic and to study the implications of the government in protecting debtors who experience Termination of Employment (PHK) due to Covid-19. This study uses empirical legal research with a sociology of law approach. The sources of law used are primary and secondary. The techniques for collecting legal materials are recording, summarizing, and quoting techniques and the data that has been collected is then used qualitative analysis techniques. The results of the study reveal that the legal protection provided by the government to workers who have been terminated is by issuing policies in the form of a pre-employment card program and stimulus assistance intended for people who have not worked and workers who have been laid off. The implications of the pre-employment card program policy and stimulus assistance issued by the government were greatly appreciated by one of the workers of PT. Astra International Tbk-Honda who experienced termination of employment, the benefits of the pre-employment card program policy and stimulus assistance were felt to be very helpful in developing the business he had just started.
Akibat Hukum Terhadap Pengurusan Biaya Nafkah dan Pendidikan Anak Pasca Perceraian
I Putu Yoga Febrian Cahya;
I Nyoman Putu Budiartha;
Ni Komang Arini Styawati
Jurnal Interpretasi Hukum Vol. 2 No. 3 (2021): Jurnal Interpretasi Hukum
Publisher : Fakultas Hukum, Universitas Warmadewa
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DOI: 10.22225/juinhum.2.3.4130.520-524
Responsibility for parents to their children is an obligation that should be carried out by every parent. Children get all the important rights to support their growth and development and are entitled to the best possible custody of their parents. The end of the marriage between the wife and husband does not abolish all the obligations of parents to their children. The purposes of this study are to determine the responsibility of parents to children after their parents' divorce and the legal consequences for parents who do not carry out their obligations. This research uses a normative research type with a statutory approach and a conceptual approach. The technique of collecting legal materials is done by applying a literature study. Sources of legal materials in the form of primary, secondary, and tertiary legal materials which are then analyzed using the method of processing legal materials systematically and the results are presented descriptively. The results of the study indicate that the management of child support costs can be seen from the Civil Code, the 2019 Law on Marriage, Law Number 35 of 2014, Law Number 4 of 1979 concerning Welfare. The legal consequences for both parents who do not carry out their obligations can be done in 2 (two) ways, namely Application for Execution and Revocation of Custody to the Religious Court.
Perlindungan Hukum Bagi Pemilik Kartu Elektronik dalam Transaksi E-Commerceputu
Widhiatmika Coryka;
I Nyoman Putu Budiartha;
Ni Made Puspasutari Ujianti
Jurnal Interpretasi Hukum Vol. 2 No. 3 (2021): Jurnal Interpretasi Hukum
Publisher : Fakultas Hukum, Universitas Warmadewa
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DOI: 10.22225/juinhum.2.3.4131.525-530
Electronic contracts are one of the new forms of contracts that get special protection in Law Number 11 of 2008 concerning Information and Electronic Transactions. In general, electronic contracts are very different from ordinary (conventional) forms of contract, therefore it will be very difficult to directly apply the conditions for the occurrence of conventional contracts to this electronic contract (online contract). The purposes of this study are to reveal the validity of electronic contracts in credit card agreements and legal protection for credit card owners in e-commerce transactions. This research was conducted using normative legal research by applying a statutory approach. The technique of collecting legal materials is carried out by taking inventory of laws and regulations and recording techniques. This study uses primary and secondary legal materials which are then processed using deductive logic with analysis of legal interpretation and legal arguments presented descriptively. The results of the study reveal that in Law Number 8 of 1999 there are regulations that protect the parties who carry out E-Commerce transactions. Electronic contracts are basically the same as written contacts and have legal force and legal consequences as long as they meet statutory requirements. The legal protection provided by Article 26 of Law Number 8 of 1999 provides protection for consumers by requiring business actors who trade services to fulfill the agreed or/or agreed guarantees and/or guarantees.
Pembagian Harta Tak Bergerak Akibat Perceraian Berdasarkan Putusan Nomor 149/Pdt.G/2017/Pn Tabanan
Anak Agung Istri Altia Dwi Widaswari;
I Nyoman Putu Budiartha;
I Made Minggu Widyantara
Jurnal Interpretasi Hukum Vol. 2 No. 3 (2021): Jurnal Interpretasi Hukum
Publisher : Fakultas Hukum, Universitas Warmadewa
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DOI: 10.22225/juinhum.2.3.4142.590-596
The law of husband and wife wealth due to divorce is joint property and must be divided by 50% for husband and wife. equitable distribution of shared assets, a dispute will arise between the two. If the joint property is in the form of immovable objects, the parties maintain their share rights without anyone intending to relinquish their rights to be sold to other parties, how to resolve it. The purposes of this study are to describe the distribution of property in the form of immovable objects after divorce in the absence of a marriage agreement and the judge's considerations in determining the distribution of marital property on immovable objects between husband and wife after divorce in the absence of a marriage agreement. The research method used is normative legal research with a statutory approach. Researchers obtain the required legal materials through recording and documentation studies. The sources of legal materials used are primary and secondary sources of legal materials. Then, the legal materials and data are managed using interpretation analysis. The results of the study reveal that the distribution of assets after divorce in the absence of a marriage agreement can be done through mediation or through the courts. Regarding the distribution of assets in the decision Number 149/Pdt.G/2017, it is in accordance with the evidence, facts at trial. The author suggests judges to be more careful in deciding cases. for the legislature must continue to revise the law in order to follow the development of society.
Perlindungan Hukum Terhadap Bumdes Simpan Pinjam dalam Perkara Kredit Macet yang Disebabkan Adanya Wanprestasi oleh Debitur di Desa Kesimpar Karangasem
I Putu Utama Putra;
I Nyoman Putu Budiartha;
I Wayan Arthanaya
Jurnal Interpretasi Hukum Vol. 2 No. 3 (2021): Jurnal Interpretasi Hukum
Publisher : Fakultas Hukum, Universitas Warmadewa
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DOI: 10.22225/juinhum.2.3.4157.629-634
Village-owned enterprises are mostly owned by the village through direct participation originating from the wealth of the village itself. The purpose of establishing a village-owned enterprise is to create job vacancies for the community and as a result increase the income of the village itself. Of course, in establishing BUMdes, you must follow the procedures as they are regulated in the village law. This study aims to examine the legal protection of BUMdes savings and loans against bad credit cases in Kesimpar Village and reveal the settlement of bad loans in BUMdes Kesimpar Village. This study uses empirical legal research and the problem approach used is the legislative and conceptual approach. The sources of data used are primary data, namely interviews with related parties and secondary data including legislation. Data were collected by means of interviews obtained with informants in the BUMdes Panca Datu, Kesimpar Village. Furthermore, the data were analyzed qualitatively and then concluded inductively. The results of the study reveal that the legal protection of BUMdes savings and loans in the case of bad loans caused by default by debtors in Kesimpar Karangasem Village is holding on to the agreement letter and legal protection for BUMdes is regulated in Bali Governor Regulation Number 44 of 2017, Law of the Republic of Indonesia Number 10 1998, Law Number 4 of 1996 and efforts to settle bad loans at BUMDES Panca Datu through repressive means.
Perlindungan Hukum Bagi Pemilik Kartu Elektronik dalam Transaksi E-Commerce
Putu Widhiatmika Coryka;
I Nyoman Putu Budiartha;
Ni Made Puspasutari Ujianti
Jurnal Interpretasi Hukum Vol. 2 No. 3 (2021): Jurnal Interpretasi Hukum
Publisher : Fakultas Hukum, Universitas Warmadewa
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DOI: 10.22225/juinhum.2.3.4164.641-645
An electronic contract is a contract made by the parties through electronic media, each party when negotiating does not need to have a face-to-face meeting but uses electronic media such as email. Currently, electronic contracts have received legitimacy and protection by Law Number 11 of 2008 concerning Electronic Information and Transactions. This study aims to examine the validity of the same as written contracts on credit card ownership agreements and to reveal legal protection for credit card owners in conducting E-commerce transactions. This research was conducted using normative legal research. The sources of legal materials are primary legal materials, which are sourced from legislation and secondary sources of legal materials are taken from relevant literatures with the issues studied. After the research data has been collected, it is then processed and analyzed in a descriptive qualitative way. The results of the study indicate that the legal protection provided by Article 26 of Law Number 8 of 1999 provides protection for consumers by requiring business actors who trade services to fulfill agreed guarantees and or guarantees. An electronic contract is valid evidence if it is presented as evidence at the court table based on article 5 of Law Number 11 of 2008 concerning Electronic Information and Transactions.
Perlindungan Hukum Bagi Para Pihak dalam Kontrak Bisnis Melalui E-Commerce Sebagai Akibat dari Resesi Ekonomi
I Putu Setiawan Ivan Baskara;
I Nyoman Putu Budiartha;
Ni Made Puspasutari Ujianti
Jurnal Interpretasi Hukum Vol. 2 No. 3 (2021): Jurnal Interpretasi Hukum
Publisher : Fakultas Hukum, Universitas Warmadewa
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DOI: 10.22225/juinhum.2.3.4166.646-650
The development of globalization which has become global today, has made several changes in the trading system. E-Commerce or what is often referred to as electronic transaction is a trading activity carried out online by business actors and consumers in conducting trading activities. If a dispute arises between the parties as a result of electronic transactions, especially in Indonesia regarding electronic transactions, it has been specifically regulated in Law no. 11 of 2008 concerning Information and Electronic Transactions in order to provide legal protection to the disputing parties. This study aims to examine the legal arrangements in buying and selling transactions through E-Commerce and revealing legal protection for parties in E-Commerce as a result of the economic recession. In processing research data using normative legal research with a Legislative approach. Sources of data used are primary and secondary legal data obtained through literature study. After the research data has been collected, the last stage is to process the data with descriptive qualitative methods. The results of this study indicate that the legal protection provided to the disputing parties as a result of a business contract carried out using an electronic transaction system is by filing a lawsuit in a commercial court by attaching evidence of an electronic business contract that has been agreed upon by the parties. legal as regulated in Law no. 11 of 2008 concerning Information and Electronic Transactions, which aims to provide protection to the disputing parties in the midst of an economic recession that has hit almost all countries in the world today.