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Pencatatan Perkawinan Beda Agama Pasca Dikeluarkannya Surat Edaran Mahkamah Agung RI Nomor 2 Tahun 2023
Ni Putu Elisa Pebriyanti Putri;
I Nyoman Putu Budiartha;
I Nyoman Sutama
Jurnal Analogi Hukum Vol. 6 No. 3 (2024): Jurnal Analogi Hukum
Publisher : Fakultas Hukum Universitas Warmadewa
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DOI: 10.22225/jah.6.3.2024.364-369
Judging from the terms and conditions of its implementation, interfaith marriage combines two different sets of rules based on their respective religious laws. In the case of an application for marriage registration between people of different religions and beliefs, the judge must adhere to the instructions set out in the circular letter that has been issued. Because of the issuance of this circular letter, married couples with different beliefs are not allowed to register their marriages at the Population Office. Researching library sources is one of the methods in conducting legal research. Both statutory methods and conceptual analytical techniques are applied in this research. Samples were obtained, processed, and then examined. After using qualitative material processing procedures, the data was presented using descriptive analysis. Laws governing the union of individuals with different religious beliefs should be included in official policy, as the Human Rights and Marriage Laws have different requirements. Therefore, the government must also quickly harmonize the various regulations related to marriage.
Akibat Hukum Akta Wasiat (Testament Acte) Yang Tidak Didaftarkan Oleh Notaris Secara Elektronik Melalui Kementerian Hukum Dan Hak Asasi Manusia Republik Indonesia
Ni Luh Putu Manik Suryani;
I Nyoman Putu Budiartha;
Putu Ayu Sriasih Wesna
Jurnal Analogi Hukum Vol. 6 No. 3 (2024): Jurnal Analogi Hukum
Publisher : Fakultas Hukum Universitas Warmadewa
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DOI: 10.22225/jah.6.3.2024.350-355
A will or testament is a document that records a person's wishes regarding what they want to happen after death, and the document can be revoked by the maker in accordance with the provisions of Article 875 of the Civil Code. As a notary, his/her duty is to create an official document that has greater legal force than a document created without the signature of an authorized party. In creating a testament deed, a notary has specific responsibilities related to reporting the will as stipulated in Article 16 paragraph (1) letters i and j of UUJN-P. However, if a notary does not register a deed of testament, the consequence is the downgrading of the document's status to an underhand deed. This could potentially lead to the invalidation or invalidity of the document as evidence made by the notary. This research uses a normative method with a statutory approach and concludes that the non-registration and online reporting of a deed of testament to the Central Register of Testaments by a notary can result in the downgrading of its status to an underhand deed, threatening the validity of the document created by the notary.
Tanggung Jawab Warga Negara Asing Sebagai Penyewa Kendaraan Bermotor Atas Kerusakan Kendaraan Bermotor di Kabupaten Badung
Ni Kadek Iwantari Putri;
I Nyoman Putu Budiartha;
I Wayan Werasmana Sancaya
Jurnal Analogi Hukum Vol. 6 No. 3 (2024): Jurnal Analogi Hukum
Publisher : Fakultas Hukum Universitas Warmadewa
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DOI: 10.22225/jah.6.3.2024.344-349
The advancement of the tourism sector in Bali has caused many foreign tourists to want to visit Bali. The surge in the need for vehicles for traveling has led to motorcycle rentals in the Badung Regency area. This study attempts to find out the responsibility of foreign nationals in the event of damage to motorized vehicles and to find out how efforts are made to deal with damage to motorized vehicles in Badung Regency. The results of the study prove that the responsibility of the renter in the event of damage to the motor vehicle in a written or oral agreement. In the lease agreement that has been mutually agreed upon if there is damage to the tenant is obliged to compensate for the losses experienced. Both parties must pay more attention to the clauses of the agreement to be agreed upon, especially in the event of damage to the motorized vehicle, so that a written agreement is made and there is no more oral agreement. Not only that, the renter is expected to read and master the contents of the agreement, as a result there is no negligence that can lead to losses for the renting party or motorcycle rental.
Pertanggungjawaban Hukum Terhadap Pelaku Usaha Yang Menggunakan Bahan Kimia Melebihi Standar Dalam Produk Skincare
Janneta Angela Pangalila;
I Nyoman Putu Budiartha;
I Gusti Agung Ayu Gita Pritayanti Dinar
Jurnal Analogi Hukum Vol. 6 No. 3 (2024): Jurnal Analogi Hukum
Publisher : Fakultas Hukum Universitas Warmadewa
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DOI: 10.22225/jah.6.3.2024.323-329
The existence of skincare products as a necessity is in great demand by the public, but the existence of this online media problems can arise because they do not care about the ingredients in skincare products such as ingredients exceeding the standard, namely mercury can damage skin cells. The formulation of this problem, 1) How is the legal regulation of business actors who use chemicals exceeding standards in skincare products to avoid harm to consumers in Indonesia? and 2) How is legal responsibility for business actors who use chemicals exceeding standards in skincare products that harm consumers in Indonesia? This research uses normative legal research and doctrinal law as well as statutory and conceptual approaches. The conclusion of this study is that the legal regulation of Article 4 letter c, Article 7 letter a, d, Article 8 paragraph (1) of the GCPL Law, Article 196 of the Health Law and Article 8 of BPOM Regulation No. 17 of 2022. The legal responsibility is based on Article 19 of the GCPL. Suggestions to the government should better supervise the circulation of skincare products that use chemicals that exceed the standard because if more and more circulate, consumers will be harmed.
Penyelesaian Sengketa Tanah Warisan Melalui Mediasi Terhadap Kedudukan Anak Angkat Dalam Sistem Pewarisan di Bali (Studi Kasus Desa Adat Dalung)
Rai Dharma Utama;
I Nyoman Putu Budiartha;
Diah Gayatri Sudibya
Jurnal Analogi Hukum Vol. 7 No. 1 (2025): Jurnal Analogi Hukum
Publisher : Fakultas Hukum Universitas Warmadewa
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DOI: 10.22225/jah.7.1.2025.118-123
Inheritance land dispute is a problem that occurs due to the dissatisfaction of the heirs regarding the distribution of the inheritance inherited by the testator. This study is interesting to the following questions: 1) How to resolve inheritance disputes over the position of adopted children in the inheritance system in Bali? and 2) What are the causes of inheritance disputes in the inheritance system in Bali?. The purpose of the study is to understand the factors that cause the occurrence of Inherited Land Disputes, to find out the efforts to resolve Inherited Land Disputes Against the Position of Adopted Children ON the Inheritance System in Bali. This study uses an empirical legal research method by conducting direct research to Dalung Village, conducting interviews with informants at the location. The results of the study show that the factors that cause inheritance disputes in the inheritance system in Bali are that there are various parties who are dissatisfied with the distribution of inheritance, Dispute resolution efforts that can be carried out are through mediation, carried out by both parties to the dispute accompanied by kelian as a mediator
Tinjauan Yuridis Terhadap Layanan Jual Beli Account Netflix Premium Secara Ilegal
Ni Made Tessa Aprillia Dewi;
I Nyoman Putu Budiartha;
Ni Made Puspasutari Ujianti
Jurnal Analogi Hukum Vol. 7 No. 1 (2025): Jurnal Analogi Hukum
Publisher : Fakultas Hukum Universitas Warmadewa
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DOI: 10.22225/jah.7.1.2025.94-99
Netflix as a subscription streaming service for watching entertainment. Currently Netflix is not only used as a means of entertainment, but also used as a business object such as the sale of illegal Netflix accounts that harm copyright holders, and result in legal consequences for the perpetrators. The problem is 1. What are the legal consequences of the illegal sale of premium Netflix accounts that harm copyright holders? 2. What is the form of legal protection that can be given to the illegal sale and purchase of premium Netflix accounts? Finding out how big the impact of Netflix copyright infringement is and what laws are applied to prevent the unlawful sale of Netflix accounts are the two main objectives of this research. The method used in this research is normative legal research method. The legal consequences of selling illegal premium Netflix accounts are copyright infringement and violation of ITE law. Netflix as a creation that gets protection under copyright law while legal protection to account users from illegal sellers cannot be given and does not meet the objective requirements for the validity of an agreement, according to Article 1320 of the Civil Code paragraph (4), namely a halal cause.
Pengambilan Paksa Oleh Debt Collector Atas Benda Jaminan Debitur Yang Dibebani Fidusia Pasca Putusan Mahkamah Konstitusi NO.18/PUU-XVII/2019
Ni Kadek Riawati;
I Nyoman Putu Budiartha;
I. B Gede Agustya Mahaputra
Jurnal Analogi Hukum Vol. 7 No. 1 (2025): Jurnal Analogi Hukum
Publisher : Fakultas Hukum Universitas Warmadewa
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DOI: 10.22225/jah.7.1.2025.77-82
Forced retrieval by debt collectors of debtors' collateral objects bound by fiduciary agreements, especially after the issuance of the Constitutional Court Decision Number 18/PUU-XVII/2019. The main focus of this research is to analyze the legal implications and changes in the forced retrieval process after the decision. The problem formulation in this research is the current legal arrangements and the execution of fiduciaries who have defaulted after the issuance of the decision. The research method used by normative law involves literature study, analysis of the content of Constitutional Court decisions, and tracing related legal developments. The results of the study show that the Constitutional Court's decision has a significant impact on the procedures and responsibilities in forced collection by debt collectors. Changes in the legal basis and protection of debtors' rights are in the main spotlight, while the principles of justice and proportionality are also considered. This research contributes to a further understanding of the legal consequences of the Constitutional Court's decision on the practice of forced expropriation by debt collectors. debt collectordebt collector.
Pengaturan Pajak Pertambahan Nilai dan Pajak Penghasilan Atas Barang Dalam Transaksi Perdagangan Dengan Sistem Elektronik (E-Commerce)
Ni Luh Debby Srinitha Mulyani;
I Nyoman Putu Budiartha;
Desak Gde Dwi Arini
Jurnal Analogi Hukum Vol. 7 No. 2 (2025): Jurnal Analogi Hukum
Publisher : Fakultas Hukum Universitas Warmadewa
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DOI: 10.22225/jah.7.2.2025.224-228
Online buying and selling transactions can cause issues in the tax collection system similar to those in conventional buying and selling. The policies for income tax (PPH) and value-added tax (PPN) between conventional trade systems and e-commerce are similar. The object of income tax in e-commerce transactions is what is received by the taxpayer from the increase in economic capacity, while the object of value-added tax in e-commerce transactions includes the provision of taxable goods that are sold, the use of taxable goods, taxable services, and the export of taxable goods. The research problem formulation of this study is (1) How is the taxation of objects that can be subjected to income tax (PPH) and value-added tax (PPN) in e-commerce transactions? and (2) What is the procedure for imposing income tax (PPH) and value-added tax (PPN) on goods that are transacted electronically (e-commerce)? The research method taken is based on normative legal research, and the approaches used are legislative and conceptual approaches. The goal of this research is to understand the regulation of value-added tax as well as income tax on goods in transactions conducted through internet utilization, as well as the procedure for imposing value-added tax and income tax on electronically transacted goods (e-commerce).
Perlindungan Hukum Bagi Konsumen Bunda Laundry Atas Kelalaian Pelaku Usaha Yang Mengakibatkan Kerugian Pada Konsumen
I Wayan Pande Eka Trisna;
I Nyoman Putu Budiartha;
Ni Made Puspasutari Ujianti
Jurnal Analogi Hukum Vol. 7 No. 2 (2025): Jurnal Analogi Hukum
Publisher : Fakultas Hukum Universitas Warmadewa
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DOI: 10.22225/jah.7.2.2025.193-198
Consumer protection is an important aspect of running a sustainable business. Legal balance between consumers and producers is the key to preventing losses to consumers. This research aims to examine the legal protection for Bunda Laundry consumers who suffer losses due to the negligence of business actors. Law Number 8 Year 1999 on Consumer Protection is (1) How the legal basis that covers laundry service users. The formulation of the research problem includes questions about legal protection for consumers of Bunda Laundry? and (2) How to resolve the negligence of business actors that result in losses?. The type of research used is Empirical Law with a sociological approach, statutory approach, and conceptual approach. Data sources involve primary legal materials from the Constitution of the Republic of Indonesia, as well as interviews with owners, customers, and employees of Bunda Laundry. Data analysis was conducted by assembling data, clarifying, analyzing, and interpreting data to find relevant patterns and relationships. This research was conducted at Bunda Laundry on Jalan Lettu Anom Kawan Bangli, The results of the study are expected to contribute to the understanding of consumer legal protection in the laundry service business.
Strengthening Community Resilience During the Covid 19 Pandemic in Developing Tourism Based on Local Wisdom in Ubud Village
I Nyoman Putu Budiartha;
I Nyoman Gede Sugiartha;
A.A. Sagung Laksmi Dewi
Community Service Journal of Law Vol. 1 No. 1 (2022)
Publisher : Fakultas Hukum, Universitas Warmadewa
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DOI: 10.22225/csjl.1.1.2022.35-39
As a higher education institution, Warmadewa University must ensure that it always obeys the Tridharma of Higher Education in accordance with the predetermined vision and mission. Now every lecturer is encouraged to be able to package community service activities both in groups and individually which will later show concern for the community. Community service activities can be carried out by providing enlightenment by providing legal counseling and consultation to the community in various fields of life in the field of environment and tourism. One thing that deserves attention is environmental conservation in Ubud Village where it is hoped that every Banjar Customary Community is required to have a plan for improving environmental management. Environmental conservation which is the values ​​of Balinese society, of course, in its application cannot be ignored even on the pretext of business interests. For the sake of maintaining community resilience from the influence of drugs from tourists who come to visit the tourist village of Ubud. Efforts that should be pursued and do not hesitate to carry out daily orders against tourists who come to Ubud, this impression is certainly expected for tourists who visit not to be free to carry narcotics which are prohibited by the government. of course the final result can strengthen the resilience of the community in Ubud Village against the influence of Narcotics which can damage the physical and mental resilience of the community.