Articles
Perlindungan Hukum Bagi Pemegang Kartu E-Money Sebagai Alat Pembayaran dalam Transaksi Non Tunai
I Kadek Ary Astrawan;
I Nyoman Putu Budiartha;
Ni Made Puspasutari Ujianti
Jurnal Interpretasi Hukum Vol. 2 No. 2 (2021): Jurnal Interpretasi Hukum
Publisher : Fakultas Hukum, Universitas Warmadewa
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DOI: 10.22225/juinhum.2.2.3442.366-371
Technological developments have brought changes to payments in the form of cash in the form of conventional metal and paper, which have now developed in the form of electronic payment instruments. One means of payment with an electronic or non-cash system is by using an E-Money card. Through Bank Indonesia Regulation Number 20/6 / PBI / 2018, regulations have been stated regarding the application of consumer protection principles which also regulate the financial loss compensation mechanism but have not clearly and in detail how the compensation mechanism is. In this case there is a blur of norms by the ambiguity of this regulation which causes different interpretations between one institution and another. There are two focuses on this research, about investigation of the legal regulatory mechanism against fund card (E-money) owners in conducting digital transactions and the legal protection mechanism in the event of financial loss due to loss of fund card (E-Money). The research method used in this paper is the normative legal research method, namely researching legal principles and examining written regulations. In conclusion, compensation for E-Money can only be done if it is the damage of the issuer. Banks as electronic money issuers are not responsible for the losses of E-Money owners where this rule violates consumer protection principles.
Transaksi Jual Beli Melalui Media Instagram Menurut Undang-Undang Nomor 11 Tahun 2008 Tentang Informasi dan Transaksi Eletronik
I Made Satria Wibawa Tangkeban;
I Nyoman Putu Budiartha;
Ni Made Sukaryati Karma
Jurnal Interpretasi Hukum Vol. 2 No. 2 (2021): Jurnal Interpretasi Hukum
Publisher : Fakultas Hukum, Universitas Warmadewa
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DOI: 10.22225/juinhum.2.2.3451.416-421
The internet is an electronic and information medium that is developing very rapidly. The internet is widely used in various activities, namely trade, trading activities that use the internet known as e-commerce. Trading on the internet itself raises many problems related to the law and all its risks. Problems that can arise include default. The research aims are to analyze the rights and obligations of the parties in buying and selling transactions via Instagram and the legal consequences that arise if the seller in the sale and purchase transaction through Instagram defaults. The research method used is normative legal research, with using statutory approach. Primary sources of legal materials, sources of secondary legal materials were analyzed using systematic interpretation techniques. The result shows that in the buying and selling activities carried out on Instagram, there are often deviations in rights and obligations that are no longer in accordance with existing norms in society and legal remedies that can be taken if there is a default from one of the parties, be it the seller. and buyers who make online transactions can be sued within the environment of the general court or outside the court and can be subject to direct fines for parties who do not perform in default.
Perlindungan Hukum Bagi Pelaku Usaha Online jika Terjadi Wanprestasi yang dilakukan oleh Pemberi Jasa Endorse
I Putu Dipta Indrayana;
I Nyoman Putu Budiartha;
Ni Made Jaya Senastri
Jurnal Interpretasi Hukum Vol. 2 No. 2 (2021): Jurnal Interpretasi Hukum
Publisher : Fakultas Hukum, Universitas Warmadewa
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DOI: 10.22225/juinhum.2.2.3454.435-439
The internet and social media networks are also used as a means of economic development through business for the community. Business development is carried out by business actors by means of endorsements, where in the endorsement there is a Cooperation agreement between business actors and endorsement service providers. In this cooperation, there are often defaults made by endorse service providers. In this regard, two problem formulations can be formulated, namely: What is the form of protection for online business actors in the event of default by endorsement service providers and how the legal remedies for default settlement made by endorsement service providers against online business actors. The research method in writing is normative and empirical law research. With a statutory approach, a factual approach and a case approach. This research concludes that the form of protection for online business actors in the event of default by endorse service providers is carried out by preventive and repressive measures, the way to solve the problem is done by sending three subpoena or warning to the endorse service provider, and if the endorse service provider does not have in good faith, then the settlement can be done through litigation or court.
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.