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All Journal JURNAL MAGISTER HUKUM UDAYANA Sociological Jurisprudence Journal KERTHA WICAKSANA Jurnal Konstruksi Hukum Jurnal Interpretasi Hukum Jurnal Preferensi Hukum (JPH) Yuridika Community Services Journal (CSJ)

Putu Budiartha, I Nyoman

Fakultas Hukum Universitas Warmadewa

Author-ID : 3409774

Law, Crime, Criminology & Criminal Justice Social Sciences

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Penanganan Kredit sebagai Kebijakan Countercyclical Dampak Penyebara Corona Virus Disease 2019 Berdasarkan Peraturan Otoritas Jasa Keuangan Nomor ll/POJK.03/2020 di PT BPR Saptacristy Ut ama Kadek Dani Arditha Perrnana; I Nyoman Putu Budiartha; Ni Made Puspasutari Ujianti
Jurnal Konstruksi Hukum Vol. 2 No. 2 (2021): Jurnal Konstruksi Hukum
Publisher : Warmadewa Press

The spread and growth of the Corona Virus in Indonesia directly and indirectly affect the performance and the capacity of micro, small, as well as medium business debtors. Therefore, it may undermine bank performance and financial system stability, thereby affecting economic growth. Based on these considerations, the Financial Services Authority (Otoritas Jasa Keuangan) issued the Financial Services Authority regulation number 11 /POJK/03/2020 which regard National Economic Stimulus as a Countercyclical Policy for the impact of Corona Virus Disease 2019. The purpose of this research is to find out how the Financial Services Authority's policies are in dealing with bad credit due to Covid-19. The research method that carried out in this scientific paper is the empirical method, namely legal research based on actual conditions in the field. The results of this research are the things that have not been regulated in the credit agreement can be changed and or added by using an additional agreement or addendum. In the Financial Services Authority Implementation Regulation No. l l/POJK.03/2020, the Financial Services Authority requires every bank to formulate guidelines to designate debtor's affectively the spread of Coronavirus Disease 2019. Each bank will have different policies for handling the credit of its debtor's.

Efektivitas Penggunaan Batas Waktu Surat Kuasa Membebankan Hak Tanggungan dalam Pemberian Kredit Bank pada PT.BPR Tapa Made Indira Sukma Dewi; I Nyoman Putu Budiartha; Putu Ayu Sriasih Wesna
Jurnal Konstruksi Hukum Vol. 2 No. 2 (2021): Jurnal Konstruksi Hukum
Publisher : Warmadewa Press

One of the institutions for providing capital and supporting the welfare of the people's economy is the Bank. Banks can channel funds to parties in need through the credit system. To provide legal certainty guarantees to the lending bank must be registered. Guarantee that takes precedence in this case, guarantee of materiality. One form of guarantee referred to is SKMHT. In the regulation or application of the Ministerial Decree on the Determination of Time Limits on the Use of SKMHT to guarantee the Repayment of Certain Loans, in reality, TAPA BPR is interesting for further study. The method used is an empirical legal research method. with a statutory, analytical, conceptual and sociological approach. The primary data collection technique in this study is the interview method. The results of this study indicate that there are three factors inhibiting the implementation of the time limit for using SKMHT in banking practices at PT. BPR TAPA, namely the credit guarantee does not have a certificate and the management period is long so that the SKMHT has ended, there is a disturbance in the BPN data input system, and the debtor is not willing to make payments, which causes SKMHT cannot be followed up by charging APHT

Renegosiasi sebagai Upaya Penyelesaian Wanprestasi dalam Kontrak Bisnis Selama Masa Pandemi Covid-19 Aryabang Bang Frisyudha; I Nyoman Putu Budiartha; Ni Komang Arini Styawati
Jurnal Konstruksi Hukum Vol. 2 No. 2 (2021): Jurnal Konstruksi Hukum
Publisher : Warmadewa Press

Government policies due to the spread of Covid-19 have caused a weakening economic impact due to restrictions on community activities as well as business activities including the implementation of business contracts. The realizing of the rights and obligations of the business contract is hampered, and even there is the possibility that it will not be carried out which caused non-performance of contract. One of the contracts that caused it during the pandemic is the banking sector which refers to credit contracts. The research method used is normative research with statutory and approach. The technique of collecting materials applied in this research is literature study in the form of literature, journals and the results of previous research and documentary studies. in the form of a collection of the documents with interpretation and review through statutory regulations based on primary and secondary legal sources. The results shows that the legal consequences of renegotiation on the implementation of business contracts during the Covid-19 pandemic have generated goodwill from the parties in the contract where both parties act with consideration of the interests of the other party as well as during the current pandemic where creditors must pay attention to the interests of the debtor and the role The government in its efforts to settle business contract defaults during the pandemic is to implement a countercyclical policy.

Akibat Hukum Perjanjian Pinjam-Meminjam Uang yang Dinyatakan Batal Demi Hukum Ni Made Ayu Pratiwi; I Nyoman Putu Budiartha; Ni Komang Arini Styawati
Jurnal Konstruksi Hukum Vol. 2 No. 2 (2021): Jurnal Konstruksi Hukum
Publisher : Warmadewa Press

The money lending and borrowing agreement is an agreement involving the debtor and the creditor. In this type of agreement, there is usually what is called a null and void agreement. This research uses a method based on a statutory and conceptual approach. Sources of data used are primary and secondary legal materials with library research. The technique of collecting data is by recording, quoting, summarizing and then reviewing documents in the form of laws and regulations, literature, magazines, newspapers, and other articles related to the object of research. The material is presented descriptively, namely in the form of written or oral words from the informants relating to the issues discussed so that conclusions can be explained. The purpose of this research is to find out the loan and loan agreement which is declared null and void and the legal consequences for the parties of the agreement which are null and void. The results of the analysis found that the occurrence of a null and void agreement in a money loan agreement. A null and void agreement can occur because the objective requirements stipulated in the law are not fulfilled and the legal consequences for the parties are not clearly written in the rules of the Civil Code, where in The regulation only contains the loan and loan agreement and the validity of an agreement does not discuss the sanctions for the parties in the event of a null and void agreement

Sanksi Hukum Bagi Pasien Tidak Jujur Terinfeksi Corona Virus Disease 2019 Gede Dana Semara Putra; I Nyoman Putu Budiartha; l Made Minggu Widyantara
Jurnal Konstruksi Hukum Vol. 2 No. 2 (2021): Jurnal Konstruksi Hukum
Publisher : Warmadewa Press

The Indonesian government issued Presidential Decree No. 11 of 2020 concerning Public Health Emergencies as a serious warning of the threat of Covid-19. The delivery of dishonest information from a patient suspected of being infected with Covid-19 is an action to prevent the response to an outbreak that threatens the lives of people around him, including transmission to health workers who care for him. This study was formulated to figure out the legal sanctions for Covid 19 patients who were dishonest about their health conditions, and to find out the efforts made by the government in providing protection to health workers in handling Covid-19 patients. The research method used in the implementation of this research is normative legal research with an approach to the concept of legislation and the opinions of experts regarding to the law. The results showed that the application of strict sanctions to obstruction of the epidemic prevention measures could result in criminal penalties based on Law No. 4 of 1984 concerning Outbreaks of Infectious Diseases. As for the efforts made by the government to provide protection to health workers from the threat of Covid-19, it is given both preventively and repressively. Based on the results of this study, it can be concluded that patients who are not honest about their health conditions who have been infected with Covid-19 can be given a criminal penalty because this action is assumed as the way to prevent the government in overcoming the epidemic of infectious diseases that are currently hitting the community, then the government has also provided protection for health workers who treat patients infected with Covid-19 in a preventive and repressive manner.

Kebijakan Pemerintah dalam Memberikan Insentif Pajak Penghasilan Pasal 21 Kepada Wajib Pajak Terdampak Pandemi Covid-19 I Putu Widya Laksana Pendit; I Nyoman Putu Budiartha; Ida Ayu Putu Widiati
Jurnal Konstruksi Hukum Vol. 2 No. 2 (2021): Jurnal Konstruksi Hukum
Publisher : Warmadewa Press

The Covid-19 pandemic has been going on since the end of 2019 and has had a huge impact in the health, social and economic recession in Indonesia. The Government needs to take policies to anticipate these problems through fiscal policy. One of the policies issued was the provision of income tax incentives article 21 to affected workers. The problems of this research cover the substance of government policies in providing income tax incentives article 21, and the impact of providing income tax incentives article 21 for workers. The research method used is a normative legal research method, with a statutory and conceptual approach to the problem. The technique of collecting legal materials is carried out by recording, identifying, inventorying, and compiling according to the types of available legal materials. Based on the research results, it was found that the provision of Article 21 income tax incentives and borne by the Government has specific requirements regarding the business category and the amount of salary of workers who have the right to get the incentives. This is regulated in the Minister of Finance Regulation and implementation instructions through a letter from the Directorate General of Taxes Number SE-47/PJ/2020. The impact of providing this incentive can increase workers' income because income tax of Article 21 is borne by the government and helps workers maintain purchasing power. Thus, it can be concluded that the provision of income tax article 21 which is borne by the government has a fairly good impact on workers who meet the criteria and requirements, so that workers can also get incentives that are appropriate to their work and are able to support their daily needs.

Pengembalian Kredit dalam Hal Meninggalnya Debitur pada Lembaga Perkreditan Desa (LPD) Buduk, Mengwi Kabupaten Badung Ida Ayu Gede Putri Satrianingsih; I Nyoman Putu Budiartha; Ni Made Puspasutari Ujianti
Jurnal Konstruksi Hukum Vol. 2 No. 2 (2021): Jurnal Konstruksi Hukum
Publisher : Warmadewa Press

Village Credit Institution is a financial institution located in the Pakraman village which was established based on regional regulations and local awig-awig. In credit repayment, there are some factors that cause credit cannot be returned by the debtor, one of which is when the debtor dies. The problems examined in this study are the factors that cause the debtor to be unable to return credit to the Buduk Village LPD, and how to return credit to the Buduk Village LPD in the event the debtor dies. The type of research used is the empirical legal research with sociological approach and the fact approach. The results illustrate that the factors that cause the debtor to be unable to return credit to the Buduk LPD are bankruptcy of the business, the debtor's payment ability, the debtor's health, the debtor's death. Then, the procedure of credit refund at the Buduk LPD, namely the amount of the loan or principal will be subject to loan rate from the principal amount paid by the debtor, if the debtor dies, the credit return is delegated to the heirs by submitting a death certificate first.

Implementasi Pasal 53 Undang-Undang Nomor 22 Tahun 2001 tentang Minyak dan Gas Bumi Terkait Pelaku Usaha Pertamini di Kota Denpasar Ferdy Pradana; I Nyoman Putu Budiartha; I Wayan Arthanaya
Jurnal Konstruksi Hukum Vol. 2 No. 2 (2021): Jurnal Konstruksi Hukum
Publisher : Warmadewa Press

Petroleum as a strategic natural resource contained in the Indonesian mining jurisdiction is and has become a national asset that has been controlled by the State. This study aims to explain the legal sanctions for first business actors who trade oil and gas without having a business license to distribute oil and gas and describe the implementation process of the government's prohibition against first business actors in Denpasar. This research uses empirical legal research. The data collection technique was carried out through interviews. The data sources used are primary and secondary legal materials. The results of this study indicate that the regulation regarding legal sanctions for first-time business actors who do not have a license to distribute oil and natural gas has been regulated in Article 53 of Law Number 22 Year 2001 concerning oil and natural gas regarding processing, transportation, storage and commerce. However, with the complexity of business activities today, this regulation has not been able to reach and accommodate the current first developments. The application of the government's prohibition against first business actors in the city of Denpasar is still very contrary to the practice in the field. Only one owner only uses a micro and small business license (IUMK). Apart from that, the government has not been able to take action because there is no legal basis for controlling

Tanggung Jawab Penyedia Layanan Jasa Kursus Mengemudi Mobil dalam kecelakaan Lalu Lintas Dyah Merryani; I Nyoman Putu Budiartha; I Made Minggu Widyantara
Jurnal Konstruksi Hukum Vol. 2 No. 3 (2021): Jurnal Konstruksi Hukum
Publisher : Warmadewa Press

Car driving courses are tutoring related to driving skills that aim to provide knowledge of how to drive a car to course service users. Course service users are accompanied and trained by the instructor during the driving course. However, users of course services with instructors will be faced with unexpected events, which often occur, namely traffic accidents. The purpose of this research is to uncover the legal relationship that occurs between car driving course service providers and instructors and also the course service users form the responsibility of the car driving course service provider if an accident occurs during the driving course. This research is an empirical legal research with a sociological juridical approach and a statutory approach. The data collection technique was done by interview. Sources of data used in this research are primary data sources and secondary data sources. After the data was collected, it was analyzed systematically. The results of this research indicate that there is a legal relationship between the parties involved, namely the working relationship that occurs between the instructor and the driving course service provider, and the agreement from the course service user through filling out the course registration form to the driving course service provider. The occurrence of a traffic accident during the driving course practice will be accounted for by the driving course service provider as the employer and the instructor as a companion or trainer for the course service user during the driving course.

Perlindungan Hukum terhadap Pasien BPJS yang Mengalami Cacat Fisik Akibat Malpraktek Dokter I Wayan Agus Paramartha; I Nyoman Putu Budiartha; I Putu Gede Seputra
Jurnal Konstruksi Hukum Vol. 2 No. 3 (2021): Jurnal Konstruksi Hukum
Publisher : Warmadewa Press

The need to fulfill patient rights stemming from the obligations of a doctor in a hospital so that it is deemed necessary to regulate medical practice in a law. Based on this background, it can be formulated that the purpose of this study is to determine the responsibility of doctors for malpractice that results in physical disabilities in patients and to determine legal protection for BPJS patients who experience physical disabilities due to malpractice of doctors. The type of research in this paper uses normative legal research. The method that the author uses in collecting legal assistance is the method of observation and recording of a literature review obtained to be collected and arranged in such a way. The conclusion of this study is that if a doctor is responsible for carrying out medical treatment, it has been proven and can be proven that he has committed malpractice, then the forms of punishment that can be given are the release of permission from the medical profession by the Indonesian Medical Discipline Honorary Council. However, when there is a report from the victim or patient who is harmed to the police and it has been proven or can be proven, the doctor can be subject to civil, criminal and administrative penalties. Legal protection for BPJS patients who experience physical disabilities due to malpractice of doctors has been regulated in positive law in force in Indonesia

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

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