Articles
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.
Pengaturan Karantina Tumbuhan dalam Pengawasan Buah Impor di Indonesia
Ni Putu Wirastha Wisnuswari;
I Nyoman Putu Budiartha;
Desak Gede Dwi Arini
Jurnal Preferensi Hukum Vol. 2 No. 3 (2021): Jurnal Preferensi Hukum
Publisher : Warmadewa Press
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DOI: 10.22225/jph.2.3.3999.548-552
The practice of applying chemical substances to fruits to keep them fresh and look fresh is still being discovered. This form of fraud can occur and can pass into the fruit market in Indonesia in the absence of an agency that specifically pays attention to and carries out quarantine. The purposes of this study are to reveal the plant quarantine arrangements in the provisions of the legislation on the supervision and model for imported fruit that will be marketed and consumed by the public. The type of research used in this research is normative legal research. Sources of legal materials used are primary, secondary and tertiary sources of law. The technique of collecting legal materials used in this research is the technique of document study and literature study. After the data is collected, then it is analyzed descriptively. The results of the study show that the regulation of plant quarantine is in the Law of the Republic of Indonesia Number 21 of 2019 concerning Animal, Fish and Plant Quarantine and is also regulated in Government Regulation Number 14 of 2002 concerning Plant Quarantine. The control model for imported fruit to be marketed and consumed by the public is carried out according to the procedure, namely that each carrier medium (plants and their parts and/or other objects) is subject to plant quarantine, physical/visual inspection is carried out and continued with health checks according to the OPTK target.
Implementasi Prinsip Kehati -hatian dalam Mencegah Kredit pada PT. Buana finance. Denpasar
Kadek Ardy Arya Saputra;
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.2.3.4031.622-627
primer dan sekunder. Bahan-bahan hukum yang telah didapat dari studi kepustakaan dan pendekatan perundang-undangan dianalisis dengan teknik interpretasi sistematis. Hasil penelitian mengungkapkan bahwa Keterangan saksi sangat diperlukan dalam persidangan guna untuk memberikan sanksi yang tepat bagi terdakwa. Hambatan pembuktian dari keterangan saksi yang memiliki hubungan dan ikatan dalam keluarga adalah apabila asas minimum pembuktian tidak dapat dibuktikan. Dapat disimpulkan kekuatan dari keterangan saksi yang tidak mengucap sumpah, maka tidak dapat dianggap sebagai alat bukti, melainkan hanya keterangan yang dipertimbangkan hakim.
Peranan Kepala Desa dalam Pelaksanaan Pembangunan di Desa Ombarade, Kecamatan Wewewa Tengah, Kabupaten Sumba Barat Daya
Agustinus Bali Mema;
I Nyoman Putu Budiartha;
I Nyoman Sutama
Jurnal Preferensi Hukum Vol. 2 No. 3 (2021): Jurnal Preferensi Hukum
Publisher : Warmadewa Press
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DOI: 10.22225/jph.2.3.4034.639-645
The Village Head is responsible for carrying out development in his area and meeting all the needs of its citizens, one of which is the provision of public facilities through infrastructure development. The people of Ombarade Village, Southwest Sumba Regency really need facilities and infrastructure to make it easier for their people to carry out their activities. This study aims to reveal the role of the village head in the implementation of development, as well as to examine the obstacles of the village head in the implementation of development. This study was designed with empirical research using an approach to see and examine facts in the field using interview data collection techniques. The data used are primary data and secondary data. Furthermore, the data were analyzed descriptively qualitatively. The results showed that the authority of the Ombarade Village Head, Wewewa Tengah District, Southwest Sumba Regency regarding the implementation of development based on Law Number 6 of 2014, Regulation of the Minister of Home Affairs Number 114 of 2014. On the other hand, one of the inhibiting factors for village development lies in the lack of facilities. and infrastructure and supporting facilities. In addition, the lack of socialization regarding work programs or the like related to the village development process also affects the smooth implementation of village development.
Pertanggungjawaban Pidana Terhadap Pelaku yang Melakukan Perbuatan Menyuruh Anak sebagai Pengemis
Ni Nyoman Ayu Ratih Ganitri;
I Nyoman Putu Budiartha;
Luh Putu Suryani
Jurnal Preferensi Hukum Vol. 2 No. 3 (2021): Jurnal Preferensi Hukum
Publisher : Warmadewa Press
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DOI: 10.22225/jph.2.3.4035.646-650
Children are not only actively involved as beggars, but toddlers are also passively involved, where children under the age of two are carried in pathetic conditions to make other people feel sad and sorry, thus giving them money. This study aims to explain the qualifications of criminal acts of perpetrators who order children as beggars and examine criminal liability for perpetrators who commit acts of ordering children as beggars. This study used a normative legal research method with a problem and conceptual approach. Sources of data used were primary and secondary legal data. Data collection was done through a literature study by taking notes. The results of the study revealed that the act of begging is categorized as a violation of public order as regulated in Article 504 of the Criminal Code. Doing the act of ordering children as beggars can be classified as a crime and also as an act of violation. Everyone is prohibited from exploiting children in any form as regulated in Article 301 of the Criminal Code junto Article 76I and Article 88 of Law no. 35 of 2014 concerning Amendments to Law Number 23 of 2002 concerning Child Protection.
Efektivitas Peran Pemerintah Daerah dalam Mencegah Terjadinya Pemutusan Hubungan Kerja pada Masa Pandemi Covid-19 di PT. Bali Maya Permai Kabupaten Jembrana
Dewa Ketut Swanjaya Tirta;
I Nyoman Putu Budiartha;
Ida Ayu Putu Widiati
Jurnal Preferensi Hukum Vol. 3 No. 1 (2022): Jurnal Preferensi Hukum
Publisher : Warmadewa Press
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DOI: 10.55637/jph.3.1.4591.1-6
The existence of the Covid-19 Pandemic, in addition to taking many lives, also has a broad impact on the economy. Many companies experience bankruptcy and layoffs. Only companies that are quick to implement efficiency policies can survive and not give massive losses to the workforce. PT. Bali Maya Permai in this pandemic situation, resulted in employment problems. This study aims to examine the effectiveness of the implementation of industrial relations during the Covid-19 pandemic at PT. Bali Maya Permai and reveals the role of the Jembrana Regency Government in preventing layoffs during the Covid-19 pandemic at PT. Bali Maya Permai. This study is designed using empirical legal research with a sociological juridical approach. The data used are primary and secondary legal data obtained through interview techniques, observation and questionnaires, and archives. Furthermore, the data are analyzed qualitatively. The result of the study shows that industrial relations during the Covid-19 pandemic at PT. Bali Maya Permai is not completely running well because there are still labor problems. The preventive juridical and socio-economic steps taken by the Jembrana district government to prevent termination of employment were not entirely successful, because layoffs were still occurring. In this regard, it is recommended that employers respect the rights of workers so that industrial relations can run well and harmoniously.
Perlindungan Hukum terhadap Konsumen Akibat Kerugian yang Ditimbulkan oleh Pelaku Usaha Toko Online di facebook
I Putu Yogi Saputra;
I Nyoman Putu Budiartha;
Ni Made Puspasutari Ujianti
Jurnal Preferensi Hukum Vol. 3 No. 1 (2022): Jurnal Preferensi Hukum
Publisher : Warmadewa Press
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DOI: 10.22225/jph.3.1.4618.26-30
E-commerce is an activity of buying and selling through internet media. The existence of legal protection for consumers in buying and selling transactions electronically is very important as a guarantee between business actors and consumers in transactions on digital platforms, especially the Facebook marketplace. This study aims to examine the regulation of online buying and selling transactions and examine the legal protection for consumers due to losses in online buying and selling transactions on Facebook. This study was designed using a normative legal research method with a statutory approach. There are two sources of data used, namely primary and secondary data. The data is obtained through the technique of inventorying or tracing legal materials and then classified, documented, recorded, quoted with a qualitative approach. The results show that e-commerce buying and selling transactions are generally regulated in Law Number 11 of 2008 concerning amendments to Law Number 19 of 2016 concerning Information and Electronic Transactions or abbreviated as ITE, especially Article 28 paragraph (1) of the ITE Law. , and Law No. 8/1999 on consumer protection. In legal protection for consumers due to losses in online buying and selling transactions on Facebook, it can be categorized into two, namely preventive and repressive legal protection. Preventive legal protection is legal protection for the community which aims to prevent problems or disputes from occurring. Meanwhile, repressive legal protection is a form of legal protection which is more aimed at resolving disputes