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Relaksasi Kredit terhadap Debitur dimasa Pandemi Covid-19 di Koperasi Hening Rahayu Kabupaten Tabanan Gusti Putu Ngurah Gita Pradnyana Putra; I Nyoman Putu Budiartha; Ni Made Puspasutari Ujianti
Jurnal Interpretasi Hukum Vol. 3 No. 2 (2022): Jurnal Interpretasi Hukum
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/juinhum.3.2.5065.282-286

Abstract

The credit relaxation process for the Hening Rahayu Cooperative is a breath of fresh air for debtors who are in default during the COVID-19 pandemic. This study aims to analyze and describe credit relaxation for debtors during the COVID-19 pandemic at the Hening Rahayu Cooperative, Tabanan Regency. This research was conducted at the Hening Rahayu Cooperative in Tabanan Regency. This type of research uses empirical legal research, namely a problem approach that is seen in terms of legal rules with the facts on the ground.” The results obtained: The criteria for non-performing loans can be seen from if the debtor is unable to carry out his obligations as stated in the loan agreement. Handling non-performing loans with a credit relaxation process, which can be done by rescheduling, re-requirements, and restructuring.
Perlindungan Hukum terhadap Konsumen atas Barang Tiruan Pada Transaksi E-Commerce (Studi Kasus pada Toko Stridewear.Id Bali) Gde Nanda Radithya Kresnantara Sanjaya; I Nyoman Putu Budiartha; Ni Made Puspasutari Ujianti
Jurnal Interpretasi Hukum Vol. 3 No. 2 (2022): Jurnal Interpretasi Hukum
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/juinhum.3.2.5076.332-338

Abstract

In respecting the rights of consumers, complete and accurate information is very important for an item in upholding consumer rights, goods purchased elsewhere which are for resale are not genuine and have been missed from checking for originality in stores. It was found that the goods purchased by consumers in other stores were not authentic and the goods purchased by consumers were missed from checking for originality at the store. In respecting the rights of consumers, it is important that business actors provide information on the accuracy of a service or goods, so that the problem is guided by Law No. 8 of 1999 concerning Consumer Protection. The purpose of this study is to determine the form of consumer protection in e-commerce and to find solutions for the responsibility of business actors to consumers. This study uses an empirical study type using a statutory approach and a conceptual approach. Stridewear.Id in carrying out the form of legal responsibility to consumers, prefers to use civil legal responsibility, namely through compensation actions which can be in the form of the same goods, as well as money, in accordance with the agreement between the consumer and the shop owner or business actor.
Implementasi Peraturan Daerah Kabupaten Bangli Nomor 2 Tahun 2018 tentang Rencana Induk Pembangunan Kepariwisataan Daerah Tahun 2019-2025 terhadap Pengembangan Desa Wisata Dimasa Pandemi Covid-19 I Komang Tresnanda Pramana; I Nyoman Putu Budiartha; I Gusti Agung Ayu Gita Pritayanti Dinar
Jurnal Interpretasi Hukum Vol. 3 No. 2 (2022): Jurnal Interpretasi Hukum
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/juinhum.3.2.5091.346-351

Abstract

The implementation of Bangli Regency Regulation Number 2 of 2018 concerning the Master Plan for Regional Tourism Development for 2019-2025 has not been optimal, due to the covid-19 pandemic. Thus, this study aims to determine and describe the implementation of the District Regulation Bangli No. 2/2018 on the development of tourist villages during the covid-19 pandemic; and to find out the obstacles and efforts of the Bangli district government in implementing the District Regulation. Bangli No. 2/2018 on the development of tourist villages during the covid-19 pandemic. This study uses empirical research methods, namely by collecting data through observation and interviews to the research location. Data were analyzed descriptively. The results of this study found that the Covid-19 pandemic had an impact on the implementation of the District Regulation. Bangli No. 2/2018, in which the implementation of this regulation has not been fully implemented as previously intended. This is because there are obstacles in the implementation of the Regional Regulation itself.
Perlindungan Hukum Bagi Konsumen terhadap Wanprestasi dalam Perjanjian Jual Beli Purchase Order (Po) Melalui Media Online Made Irnanda Diandifa Lestari; I Nyoman Putu Budiartha; I Gusti Agung Ayu Gita Pritayanti Dinar
Jurnal Interpretasi Hukum Vol. 3 No. 2 (2022): Jurnal Interpretasi Hukum
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/juinhum.3.2.5109.315-321

Abstract

Today, information and communication technology has provided many changes to human life. With the development of technological sophistication, this buying and selling process can be carried out without meeting the seller and the buyer. Trading activities through the use of the internet are called electronic commerce or what is known as the abbreviation e-commerce. This study aims to analyze and describe the legal protection for consumers against default in buying and selling agreements through online media. In this study using the normative method, by tracing various aspects. Legal materials are sourced from legislation, collected through documentation and literature studies. The results of the study indicate that Purchase orders (PO) can be said to be evidence of buying and selling transactions through electronic media because when viewed from the form and content of the purchase order is a valid sale and purchase agreement. In addition, business actors can be prosecuted through an authorized institution in resolving disputes by harmed consumers, or it can also be resolved through peaceful means.
Perlindungan Hukum terhadap Anak dalam Terjadinya Perceraian Gede Andi Wiradharma; I Nyoman Putu Budiartha; I Ketut Sukadana
Jurnal Preferensi Hukum Vol. 1 No. 2 (2020): Jurnal Preferensi Hukum
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (296.237 KB) | DOI: 10.22225/jph.1.2.2341.47-50

Abstract

Marriage is a thing that unites two individuals into one through a religious and legal ceremony. After the wedding ceremony takes place, the two individuals are married-couple. In undergoing marriage, a lot of things must be passed, so the husband and wife will have differences of opinion. The differences of opinion sometimes cause husband and wife to experience conflict which will usually lead to a fight that often ends to divorce. This research was conducted with the aim of describing how the regulation of child custody rights according to the law in Indonesia and how the legal protection of children's rights due to divorce. This research was designed using a normative legal research method. The results of this study showed that the regulation of child custody according to the law in Indonesia is regulated in Law Number 35 of 2014 concerning Child Protection and also mentions children's rights and obligations. In this law, child protection takes precedence. In addition, legal protection for children's rights due to divorce is also guaranteed where children are still entitled to receive rights from their parents such as getting an education, a decent place to live, feel secure, and get health insurance.
Putusan Pengadilan Agama Badung Nomor 0166/Pdt.G/2017/PA. Bdg Tentang Cerai Gugat Karena Salah Satu Pihak Berbeda Agama I Putu Wina Wirawan; I NYOMAN PUTU BUDIARTHA; NI MADE PUSPASUTARI UJIANTI
Jurnal Preferensi Hukum Vol. 1 No. 2 (2020): Jurnal Preferensi Hukum
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (396.217 KB) | DOI: 10.22225/jph.1.2.2350.133-138

Abstract

Marriage is a sacred bond because in that marriage bond there are not only physical and mental bonds but also spiritual bonds based on God Almighty. A lawsuit divorce is the breaking of the husband and wife ties, in which case the wife is the one who filed a divorce suit against the husband. This study aims to determine why religious differences can be used as an excuse for a legal divorce in the Badung religious court and to find out the judges' considerations in cases at the Badung religious court. The type of research used in this research is Empirical Legal Research, which is taken based on facts that occur in the field, which are obtained through explanations from informants and studied with real legal attitudes or in accordance with life in society. The result of this research is that religious differences are used as the reason for a legal divorce in the Badung religious court in fact the marriage law and its implementing regulations do not regulate religious conversion (murtad) as the reason for breaking up a marriage because the State of Indonesia adheres to the principle of religious freedom. However, the KHI in Article 116 letter (k) states one of the reasons for divorce, namely when one of the parties leaves the religion (murtad). 2) The considerations of the panel of judges in a sue divorce case at the Badung religious court already have strong considerations and reasons to be used as a basis for making a decision, such as in the case decision Number 0166 / Pdt.G / 2017 / PA.Bdg. So it can be concluded that Divorce is only said to be valid after a court decision has permanent legal force, and the Panel of Judges in adjudicating a proposed divorce case must know clearly the facts that cause religious conversion.
Pelaksanaan Eksekusi Jaminan Fidusia dalam Hal Debitur Wanprestasi Pada Koperasi Simpan Pinjam Wisata Bali I Wayan Wahyu Wisnanta; I Nyoman Putu Budiartha; Ni Made Puspasutari Ujianti
Jurnal Preferensi Hukum Vol. 1 No. 2 (2020): Jurnal Preferensi Hukum
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (584.953 KB) | DOI: 10.22225/jph.1.2.2356.175-180

Abstract

Cooperatives hold a very positive role in the improvement of people’s welfare in Indonesia, so that the welfare of the wider community can be enhanced significantly. Cooperatives perform a crucial task to improve the standard of living of all members of society. In carrying out its duties, the cooperative also acts as a financial place that has the purpose of providing loans and other money service needs. This study examines the implementation of the fiduciary guarantee execution and the factors that hinder the implementation of the said fiduciary guarantee if the debtor defaults at the Bali Tourism Cooperative. This research was conducted using empirical legal research. The data source of this research is primary data, which is data obtained from research carried out directly in the field and from cooperatives. The results show that the implementation of fiduciary security at the Bali Tourism Savings and Loans Cooperative is in accordance with the Standard Operating Procedures (SOP) owned by the Bali Tourism Savings and Loan Cooperative and does not conflict with existing regulations. Factors hampering the execution of the fiduciary guarantees in the event of defaulting debtors are guarantees that they are not registered at a fiduciary institution due to cost and time. Therefore, in issuing credit with a fiduciary guarantee, the Bali Tourism Cooperative must make an authentic deed before a notary and be registered with the Ministry of Law and Human Rights in order to further ensure legal certainty for negligence in the obligation to treat fiduciary collateral as the responsibility of the fiduciary debtor.
Hak Waris Bagi Ahli Waris yang Tidak Dapat Ditentukan Keberadaannya Menurut Kitab Undang-Undang Hukum Perdata Anak Agung Krisna Kumala Dewi; I Nyoman Putu Budiartha; Diah Gayatri Sudibya
Jurnal Preferensi Hukum Vol. 1 No. 2 (2020): Jurnal Preferensi Hukum
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (301.083 KB) | DOI: 10.22225/jph.1.2.2370.11-15

Abstract

The heirs whose whereabouts cannot be determined are the heirs who have lost the news, so it is not known whether he is alive or dead. These are usually called missing persons. However, in fact, a lot of heirs ignore the inheritance rights of an heir whose existence cannot be determined. Based on this background, this research was conducted with the aim of elaborating the arrangement of inheritance rights for heirs whose existence cannot be determined and the legal consequences for heirs whose existence is known after the inheritance is divided. This study used a normative legal research method with a statutory and conceptual approach. The results of this study showed that the existence of inheritance rights for heirs that cannot be determined is regulated in Article 463 of the Civil Code. The inheritance rights of heirs whose existence cannot be determined remain attached to it in accordance with the provisions of Article 467 of the Civil Code. However, as long as the whereabouts of the heir are not known, the position will be replaced by the successor heirs. Furthermore, as a legal consequence after an heir is known to exist, the replacement heir is obliged to return all the inherited assets received under the provisions of Article 482 paragraph (1) of the Civil Code.
Perlindungan Hukum Anak Nakal dalam Penjatuhan Sanksi Pidana I Made Dharma Putra; I Nyoman Putu Budiartha; A. Sagung Laksmi Dewi
Jurnal Preferensi Hukum Vol. 1 No. 2 (2020): Jurnal Preferensi Hukum
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (358.268 KB) | DOI: 10.22225/jph.1.2.2380.83-87

Abstract

Children are an inseparable part of human survival and the survival of the nation and state. Today delinquency and crimes committed by children continues to increase, such as narcotics abuse, robbery, theft and rape, destruction of property and so on. When delinquency committed by children even leads to criminal acts, of course this is very disturbing for the community. The existence of legal protection for naughty children in criminal sanctions is of course very desirable for the best interests of children who are in conflict with the law. The method used in this research is normative legal research or what is also called the term library research by examining document studies using secondary data, namely laws, legal theory, expert opinion and so on. The result of this research is that the process of examining criminal cases against delinquents and starting investigations, arrests, detention, prosecution, trials and placement at the correctional center must pay attention to children's rights, as well as legal protection of delinquents in imposing criminal sanctions where child protection aims to provide guarantees for children in conflict with the law. In this case, special investigators for children, investigations with a family atmosphere, investigators do not use service attributes, duties to carry out diversity, child secrecy and arrest must of course put Restorative Justice, and the fall of criminal sanctions against children must be based on truth, justice and child welfare. So that Law Enforcement Apparatus both the Police as Investigators, Public Prosecutors, and Child Judges with the enactment of Law Number 11 of 2012 concerning the Juvenile Justice System.
Kewenangan Pemerintah Kabupaten Gianyar dalam Pengaturan Administrasi Penduduk Pendatang Bayu Angga Saputra; I Nyoman Putu Budiartha; I Nyoman Sujana
Jurnal Preferensi Hukum Vol. 1 No. 2 (2020): Jurnal Preferensi Hukum
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (602.504 KB) | DOI: 10.22225/jph.1.2.2394.111-115

Abstract

Considering that the increasing number of migrants from year to year always shows an increase so that it has an impact such as order, peace and security of the people and until now there is no legal basis to prohibit migrants from coming to Bali and Gianyar in particular, in this case there is an empty norm that is not yet rules that can be used as a legal basis for prohibiting people from entering Bali, the local government of Bali Province takes steps to restructure and control immigrants through the registration policy of immigrants in the Province of Bali with the Governor's Letter No. 470/7587 / B. Tapem about guidelines for registering newcomers. The problem in this study is: how the authority of the Gianyar Regional Government in carrying out orderly administration of the migrant population in Gianyar Regency and what sanctions are imposed on the immigrant population who do not carry out orderly administration in Gianyar Regency.This type of research is Juridical Empirical, considering this study uses data or facts in the field and is reviewed based on the laws and regulations related to the issues raised. The results of the discussion in this study are as follows: Gianyar Regency has the authority in carrying out orderly administration of the migrant population in Gianyar regency this can be seen from the provisions in the Gianyar Regency Regulation Number 1 of 2002 in Article 2 of every population movement, temporary occupation and mandatory seasonal population registered with the local Village Head. Administrative sanctions given to immigrant residents who do not make KTP or Kipem for more than 3 months are not given administrative services forever so that they cannot stay permanently or temporarily in the Gianyar Regency.
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 Agung 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 Dwiki Yolanda 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. Gde 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 Alya Regina Putri 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