Putu Budiartha, I Nyoman
Fakultas Hukum Universitas Warmadewa

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Perlindungan Konsumen atas Kerusakan/Kehilangan Pakaian Pada Jasa Usaha Laundry di Denpasar I Komang Dodik Wijaya; I Nyoman Putu Budiartha; Putu Ayu Sriasih Wesna
Jurnal Konstruksi Hukum Vol. 2 No. 1 (2021): Jurnal Konstruksi Hukum
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (332.823 KB) | DOI: 10.22225/jkh.2.1.2972.76-80

Abstract

Currently increasingly sophisticated technology creates a new rental service such as laundry. Law No. 8 of 1999 on Consumer Protection can be a foundation for consumers and consumer protection agencies to empower and protect consumer interests, and to make business actors more responsible. This research aims to explore legal protection for laundry consumers for damage / loss of goods and to explain the responsibilities of laundry business actors for damage/loss of goods. This study uses empirical legal research. The data sources used are primary and secondary data. Data obtained through interview and documentation techniques then processed and analyzed using qualitative data processing techniques. The results of the research show that consumers who have been harmed by the negligence of the business actor can hold the business actor accountable for him, as well as claim compensation for the losses they have suffered, this is as stated in Article 7 letter G UUPK. The form of accountability of laundry business actors varies between business actors. In the case of giving compensation to consumers, the business actor in accordance with Article 19 of the UUPK must provide compensation not later than 7 days, if it passes the time limit, the consumer can sue the business actor.
Pertanggungjawaban Pihak Gojek atas Kerugian yang Diderita Konsumen dalam Hal Penyelenggaraan Pengangkutan Barang I Made Pratitha Adi Putra; I Nyoman Putu Budiartha; Ni Gusti Ketut Sri Astiti
Jurnal Konstruksi Hukum Vol. 2 No. 1 (2021): Jurnal Konstruksi Hukum
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (342.951 KB) | DOI: 10.22225/jkh.2.1.2975.92-96

Abstract

The Go-Jek phenomenon is an innovation from the conventional transportation phenomenon because the evidence and / or transportation documents are in the form of electronic documents, so it is necessary to know how the transporter is responsible for losses suffered by consumers (service users) in the transportation of goods by PT. Go-Jek Indonesia and the legal remedies that consumers can take. This study aims to explain the transporter's responsibility for losses suffered by consumers (service users) in the transportation of goods by PT. Go-Jek Indonesia and analyze what laws are done by consumers (service users) to carriers for the losses they have suffered. The type of research used is the type of normative legal research which is carried out by the method of recording and reviewing based on legal materials. Data is obtained by collecting information through legal science books without deviating from positive law in order to form a conclusion, therefore the data source is primary and secondary data. The results showed that the responsibility mechanism for giving compensation to consumers due to the mistakes of business actors, PT. Go-Jek Indonesia provides guarantees and / or guarantees for its services through the terms and conditions listed on its official website which provides a maximum of IDR. 10,000,000, -. Legal remedies that can be taken by consumers against carriers for the damage they have suffered are in accordance with the provisions of the Consumer Protection Law.
Tanggung Jawab Hukum terhadap Adanya Wanprestasi dalam Perjanjian Sewa Menyewa Rumah Toko (Ruko) I Made Sukayasa; I Nyoman Putu Budiartha; Luh Putu Suryani
Jurnal Konstruksi Hukum Vol. 2 No. 1 (2021): Jurnal Konstruksi Hukum
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (330.746 KB) | DOI: 10.22225/jkh.2.1.2976.97-101

Abstract

Economic competition is a priority for business actors in various regions and cities, so that many renovation of buildings are carried out with the construction of shop-houses. The economic system is increasingly developing, so the shophouses that have been built can be used as a means of buying and selling. Shophouses are often known as shop houses or residences which are used as a place of business and usually these shophouses are built parallel to other shop buildings. This study aims to describe the certainty of the Shophouses rental agreement and explain the legal responsibility if one of the parties defaults on the implementation of the Shophouses rental agreement. This research is designed to use normative law, which is literature law which refers to the legal norms contained in statutory regulations. The statutory approach is to carry out a study based on the law as the basis for this research, while the data sources used are primary and secondary legal data. Data is obtained through legal science books without deviating from positive law in order to form a conclusion. The results showed that an agreement between the tenant and the owner of the building can create rights and obligations between the parties that are written in an agreement, this has been regulated in the Criminal Code. The lessee has the obligation to assign rights, namely the building that is leased to the tenant and has the right to get payment from the tenant for the leased building. The tenant may not transfer the rights to the building he leases and if there is a dispute in the future between the parties, it must be resolved because of default.
Pembebanan Hak Tanggungan dalam Pemberian Kredit pada Lembaga Perkreditan Desa (LPD) I Nyoman Agus Saputra; I Nyoman Putu Budiartha; Ni Gusti Ketut Sri Astiti
Jurnal Konstruksi Hukum Vol. 2 No. 1 (2021): Jurnal Konstruksi Hukum
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (453.858 KB) | DOI: 10.22225/jkh.2.1.2977.102-108

Abstract

In 1984, the Provincial Government of Bali issued an idea to assist Pakraman villages in carrying out cultural functions. Through Governor's Letter Number 972 of 1984, November 1, 1984 concerning Village Credit Institutions. This study aims to explain the system of providing credit to village credit institutions with guarantee of mortgage rights and to explain legal remedies against customers who do not carry out the obligations as outlined in the credit agreement. This research was designed with normative research, the source of legal materials consisted of primary and secondary legal materials. Analysis of legal materials through interpretation analysis. The results of the study show that the provision of credit to village credit institutions with guarantees of mortgage rights is stated in the credit agreement between the LPD and customers who are required to also receive approval from the customary Bendesa, in this case to apply customary sanctions when bad credit occurs. Customary sanctions are the last resort after other efforts are unsuccessful with the aim that credit arrears can be paid back and bad credit customers do not carry out the obligations as outlined in the credit agreement are given sanctions for confiscation of collateral bound by imposition of mortgage rights for immovable objects. Of course this is adjusted to the regulation of the Governor of Bali Province Number 44 of 2017 binding on the imposition of mortgage rights in providing credit to the LPD which only applies to local customary villages, in this case the LPD is a savings and loan business entity owned by a traditional village.
Implementasi Peraturan Daerah Kabupaten Badung Nomor 7 Tahun 2012 tentang Pengaturan Pasar Tradisional di Kabupaten Badung I Putu Gede Murditayasa; I Nyoman Putu Budiartha; Desak Gde Dwi Arini
Jurnal Konstruksi Hukum Vol. 2 No. 1 (2021): Jurnal Konstruksi Hukum
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (359.077 KB) | DOI: 10.22225/jkh.2.1.2979.116-122

Abstract

Traditional markets are meeting place for traders and buyers, where trade is carried out by negotiation and bargaining. However, along with the times there has been a decline in the performance of traditional markets due to the existence of modern markets and the weak competitiveness of entrepreneurs conducting activities in traditional markets. This study aims to explain the procedures for implementing the revitalization of the Regional Regulation of Badung Regency Number 7 of 2012 concerning the regulation of traditional markets in Badung Regency and to analyze the inhibiting factors for the implementation of the Regional Regulation. This study uses an empirical legal research type using a statutory approach. The data used are primary and secondary data. The results show that the implementation of the revitalization of traditional market development in the Badung area is one of the moves by the government in charge of the regions in terms of reviving and re-developing markets which previously experienced a decline due to competition with growing modern markets, for this reason, the promulgation of regional regulation number 7 2012 concerning the arrangement and fostering of traditional markets, shopping centers and modern shops to make the existence of traditional markets better and their development, the second obstacle to the implementation of regional regulation number 7 of 2012 concerning the arrangement and development of traditional markets, shopping centers and modern shops lies in the enforcement factor, regulations, funding factors, management factors and community factors.
Tindak Pidana Pengguguran Kandungan oleh Korban Perkosaan dalam Pembaharuan Hukum Pidana Indonesia Kadek Jiyoti Mahayana; I Nyoman Putu Budiartha; I Made Minggu Widyantara
Jurnal Konstruksi Hukum Vol. 2 No. 1 (2021): Jurnal Konstruksi Hukum
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (432.125 KB) | DOI: 10.22225/jkh.2.1.2983.138-143

Abstract

Abortion treatment is a problem that is contrary to any religion and the laws of Indonesia. However, it is known that there are also those who support and those who oppose abortion, which often happens to women who experience pregnancies as a result of rape, because women victims of rape who undergo abortion also need attention to their psychological conditions who are traumatized about the events that have happened to them. This study aims to examine the legal protection of rape victims who have aborted based on the Criminal Code and explain the criminal act of abusing the womb by victims of rape in the reform of the Criminal Code. This type of research is normative legal research with a conceptual approach. Primary and secondary legal data sources. The results of the study show that the legal protection of rape victims who have aborted their womb in the Criminal Code has been neglected by clearly prohibiting all abortion activities either at the request of the woman herself or with the help of others as described in Article 346 to Article 349 of the Criminal Code but there are exceptions where women rape victims who do abortions which can cause psychological trauma, the regulation of which is stipulated in law no. 36 of 2009 Article 75 paragraph (2). In the Criminal Law Reform Regulations on abortion are regulated in the Draft Criminal Code 2019, Chapter XXI, which is included in the second part of the crime against life regarding abortion, article 470 to article 472 of the 2019 RUUKUHP.
Perlindungan Hukum Para Pihak dalam Perjanjian Jual Beli Melalui Media Elektronik Pande Bagus Yoga Pratama Putra; I Nyoman Putu Budiartha; Desak Gde Dwi Arini
Jurnal Konstruksi Hukum Vol. 2 No. 1 (2021): Jurnal Konstruksi Hukum
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (481.931 KB) | DOI: 10.22225/jkh.2.1.2997.202-206

Abstract

Electronic commerce (E-commerce is basically an act in which contact online transactions using the internet media, and also the existence of E-Commerce is a promising business alternative to be implemented today. This study aims to analyze the validity of the sale-purchase agreement through the media. electronic or internet according to Law No. 11 of 2008 and knowing the form of legal protection for parties in sale and purchase agreements through electronic media in the event of a failure. The research method used is normative legal research with a bullying approach. wan achievement, the party who is responsible for all legal consequences in the implementation of electronic transactions is if it is done alone, all legal consequences in the execution of the transaction are the responsibility of the transacting parties if it is done by granting power of attorney all legal consequences in the implementation of t Electronic transactions are the responsibility of the attorney if done through an electronic agent. All legal consequences in the implementation of electronic transactions are the responsibility of the electronic agent operators. It's simple if in this case an honest character is needed in good faith, where the seller and the buyer must be honest with each other, there are no parties and are harmed for their benefit only so that a valid agreement occurs, and also the goods being traded do not violate the law in Indonesia, such as sharp weapons, protected animals, human trafficking, and drugs.
Perjanjian Kerjasama pada Perusahaan Pertamina (Persero) Akibat Wanprestasi I Wayan Eka Yasa; I Nyoman Putu Budiartha; Desak Gde Dwi Arini
Jurnal Konstruksi Hukum Vol. 2 No. 2 (2021): Jurnal Konstruksi Hukum
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (388.592 KB) | DOI: 10.22225/jkh.2.2.3215.250-254

Abstract

The characteristic form of the SPBU entrepreneur's cooperation agreement with PT. Pertamina (Persero) is using a standard or standard agreement. The formulation of the problem is how the characteristics of the cooperation agreement at PT. Pertamina (Persero) with SPBU entrepreneurs, and the legal consequences of default in the cooperation agreement at PT. Pertamina (Persero). The research method uses normative legal research, with a problem approach using a statutory approach and a conceptual approach. The concept of a standard agreement in terms of form, in this research there is always a written agreement, the growth of which is now mostly achieved in a written form that uses standardized agreements, with the intention of taking concrete actions to save time, money and energy.If the implementation of the cooperation agreement between the SPBU entrepreneur and PT is violated, there will be legal consequences. Pertarnina (Persero) through non-litigation and litigation methods. Not confusing because it has been promulgated by Law no. 30 of 1999. the purpose of this study, among others, to determine the form of the characteristics of the cooperation agreement at PT. Pertamina (Persero) with SPBU entrepreneurs as well as knowing the legal consequences of default in the cooperation agreement at PT. Pertarnina (Persero).
Perlindungan Hukum bagi Konsumen atas Malpraktik Jasa Tukang Gigi I Made Ari Yudistira; I Nyoman Putu Budiartha; I Made Minggu Widyantara
Jurnal Konstruksi Hukum Vol. 2 No. 2 (2021): Jurnal Konstruksi Hukum
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (496.839 KB) | DOI: 10.22225/jkh.2.2.3218.265-270

Abstract

Number of dental artisans who practice beyond their authority limits. Even so, there are still many who go to dental artisans due to social disparities. There are many cases of violations that cause material and non-material losses to consumers, but health service providers are not responsible. This thesis discusses how to protect consumers and sanctions against perpetrators in the event of malpractice of dental artisans. The purpose of this study was to determine the protection for consumers in the event of malpractice of dental artisans and to know the sanctions against perpetrators of malpractice in dental artisan services that harm consumers. The type of research used is the type of normative legal research, the discussion is carried 0111 by examining legal materials. Analysis of legal materials uses extensive and restrictive interpretations, namely expanding and narrowing the meaning of a law, in addition to using descriptive analysis, namely the exposure of research results. Based on the results of the research, the legal regulation of consumer protection against malpractice of dental artisans which is regulated in the UUP K, the rights of every consumer in Article 4. Dental artisans as business actors have the obligation to comply with laws in this case regarding duties and authorities. Meanwhile, legal sanctions for perpetrators can be divided into 3, namely administrative, civil and criminal sanctions. Therefore, the government needs to carry out regular monitoring of cases like this in the direct field
Tinjauan Yuridis terhadap Selebgram yang Melakukan Endorse/Promosi Barang Ilegal pada Produk Obat Kosmetik Kadek Agus Adi Mego; I Nyoman Putu Budiartha; Ni Made Puspasutari Ujianti
Jurnal Konstruksi Hukum Vol. 2 No. 2 (2021): Jurnal Konstruksi Hukum
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (386.137 KB) | DOI: 10.22225/jkh.2.2.3219.271-276

Abstract

Selebgrams are celebrities who exist on lnstagram social media accounts and become public figures on lnstagram social media. The viral figure of celebrities on Instagram is used as an opportunity for business people to endorse/promote cosmetic products through Celegram's Instagram account. However, these activities have a negative impact, namely, the products being promoted are illegal goods that do not have permission from the relevant institutions and this can cause harm to consumers. In terms of writing this research the writer discusses two legal issues, namely the legal arrangement for celebrities who endorse/promote cosmetic medicinal products and legal sanctions against celebrities who endorse/promote illegal goods in cosmetic medicinal products. This research aims to determine the regulations and legal sanctions against celebrities who promote illegal cosmetic medicinal products. This research uses the type of normative legal research, Law No. 8 of 1999, Law No. 19 of 2016, and the Civil Code as a legal basis to determine legal arrangements and legal sanctions against celebrities who endorse/promote illegal goods. The problem approach used is the approach by analyzing legislation related to the problem. The results of this study indicate that the imposition of legal sanctions on celebrities is different from business actors who are producers of these products.
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