Articles
Contractual Liability dalam Perjanjian Keagenan Gas Elpiji Non-Public Service Obligation
Ricky Kusnadi;
I Nyoman Putu Budiartha;
Ni Made Puspasutari Ujianti
Jurnal Analogi Hukum Vol. 2 No. 2 (2020): Jurnal Analogi Hukum
Publisher : Fakultas Hukum Universitas Warmadewa
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DOI: 10.22225/ah.2.2.2020.270-277
Pertamina as a producer (principal) sells products to consumers through agents, causing Pertamina not to deal directly with consumers, so there is no contractual liability between producers and consumers. The problem formulation in these studies is: 1) What is the legal relationship between principal and agent based on the Agency Agreement LPG Gas Non-PSO?; 2) What is the contractual liability based on the Agency Agreement LPG Gas Non-PSO?. This type of research is juridical normative with a legal approach and presented in the form of legal interpretation. Agency agreements between principals and agents are not specifically regulated in the KUH Perdata and KUHD, but the principle of freedom of contract allows for an Agency Agreement. The Agency Agreement made between Pertamina and Agent creates a legal relationship that is reflected in the rights and obligations of each party which if not fulfilled is an act of default. Contractual liability refers to legal liability in an agreement / contract. Pertamina gives a gradual sanction to agents. Agents are not permitted to change the selling price and reduction of the tube contents to consumers, so that if a consumer lawsuit occurs, Pertamina is freed from the demands of a third party. As long as the subject matter of the law is contrary to matters that are objects of law, then the case can be criminalized. Every act of a legal subject that is contrary to other legal subjects will become the realm of civil matters.
Pelaksanaan Perjanjian Kredit dengan Jaminan Sertifikat Deposito Pada PT. Bank BRI Cabang Mataram
I Putu Bayu Aditya Nendra;
I Nyoman Putu Budiartha;
Ni Gusti Ketut Sri Astiti
Jurnal Analogi Hukum Vol. 2 No. 3 (2020): Jurnal Analogi Hukum
Publisher : Fakultas Hukum Universitas Warmadewa
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DOI: 10.22225/ah.2.3.2020.293-298
Abstract—The deposit certificate according to bank Indonesia is proof of the debt issued by the bank for the amount of money entrusted to him for a certain period of time. Certificates of deposit issued can be purchased at per-sale at any time and can be played for a bank loan as well as PT. BRI Bank pays the mortgage by holding the original certificate of deposit guaranteed until the credit facility is paid off. The formulation of the problem in this study is as follows: how is the implementation of the credit agreement with collateral for deposit certificates at PT. BRI Bank Mataram Branch Office and how the legal consequences and method of settlement if the term deposit certificate has been completed, while the credit agreement is still running. In this study empirical legal research was used. The results of the discussion in this study are as follows: Implementation of credit agreements with collateral for deposit certificates at PT. BRI BANK Mataram Branch Office is carried out with several stages of the process that must be done to become a debtor at PT. BRI BANK, namely applying for credit, and signing credit. In implementing credit agreements with collateral/ collateral for deposit certificates at PT. BRI BANK prospective borrowers must have deposits in their own name, not on behalf of other people. The way to settle a deposit certificate with a shorter period of time compared to a credit agreement is where the bank will change the form of a certificate of deposit into an ARO (Auth Roll Over) certificate so that when the deposit certificate is due, the time period will automatically adjust to the credit period and the reimbursement are with the knowledge of the customer, if the debtor wants to apply for a loan with a guarantee of a certificate of deposit.
Hilangnya Objek Jaminan Fidusia yang Tidak Didaftarkan
Kadek Cinthya Dwi Lestari;
I Nyoman Putu Budiartha;
Ni Made Puspasutari Ujianti
Jurnal Analogi Hukum Vol. 2 No. 3 (2020): Jurnal Analogi Hukum
Publisher : Fakultas Hukum Universitas Warmadewa
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DOI: 10.22225/ah.2.3.2020.383-387
Abstract—In accordance with the provisions in the Fiduciary Guarantee Law, the object of fiduciary guarantee must be registered at the fiduciary registration office, but in practice there are still many who do not register it. “The Loss of the Unregistered Fiduciary Object†has the formulation of the problem as a result of the legal guarantee dispute resolution effort the loss of unregistered fiduciary collateral objects. This research method uses mixed legal research method. In this type of legal research, combining between norm-based events and actual occurrences can be conclude that no fiduciary collateral results in the creditor not having preferential rights and executorial title rights in the case of destruction, the object of human guarantee can be resolve by litigation and non-litigation. This method combines the implementation of normative legal provisions (laws) in its action on certain legal events that occur in a society. After conducting this analysis, it can be concluded that the failure to register a fiduciary guarantee causes the creditor not to have preferential rights and executorial title rights. In the event that the destruction of the object of fiduciary guarantee can be resolve by means of litigation and non-litigation. At BPR Artha Bali Jaya, the settlement is carried out by non-litigation, namely by means of family or mediation, where if the debtor continues to pay the remaining credit, the lost object is not dispute. And to further reduce risk BPR Artha Bali Jaya asks debtors to replace lost collateral objects by pledging other objects of the same value.
Kedudukan Hukum Lembaga Perkreditan Desa (LPD) Dalam Sistem Lembaga Keuangan Mikro
Kadek Bagas Piadnyan;
I Nyoman Putu Budiartha;
Desak Gede Dwi Arini
Jurnal Analogi Hukum Vol. 2 No. 3 (2020): Jurnal Analogi Hukum
Publisher : Fakultas Hukum Universitas Warmadewa
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DOI: 10.22225/ah.2.3.2020.378-382
Abstract—Village Credit Institutions (LPD) as an institution established specifically for the sake of the welfare of the Pakraman Village community, Village Credit Institutions do not serve outside of the Pakraman Village area where the Village Credit Institution operates. The establishment of Village Credit Institutions (LPDs) began to be carried out and the existence of LPDs was regulated under Regional Regulation (PERDA) namely Bali Provincial Regulation Number 8 of 2002 concerning Village Credit Institutions (LPD), which have now been changed to Bali Provincial Regulation Number 3 of 2017. The Regional Regulation regulates the conditions for the Establishment of Village Credit Institutions (LPD). The problem statement is: 1) What is the legal position of the Village Credit Institution (LPD) in the Micro Finance Institution system? 2) What is the role of Village Credit Institutions (LPDs) in the Micro Finance Institution system? The research method used is normative legal research. The source of legal material that will be used is the research source of primary, secondary and tertiary materials. The techniques for collecting primary and secondary legal materials were collected based on the topic of the program which had been formulated based on the snowball system and disclassified according to sources and hierarchies to be presented comprehensively. Analysis of legal materials with legal interpretation and presented in the form of analysis descriptions. The legal position of the Village Credit Institution based on the customary law community in Bali in the Micro Kauangan Institution system according to Law Number 10 of 1998 concerning Banking cannot be equated. The Village Credit Institution has a very strategic role because so far it has been serving small micro enterprises (MSEs) and rural communities in Bali through financial services that are carried out in accordance with customer needs, personal approaches, and proximity to customers.
Asas Itikad Baik dalam Perjanjian Jual Beli Barang Melalui Media Elektronik (E-Commerce)
I Wayan Agus Grahadi Putra;
I Nyoman Putu Budiartha;
Ni Made Puspasutari Ujianti
Jurnal Analogi Hukum Vol. 2 No. 3 (2020): Jurnal Analogi Hukum
Publisher : Fakultas Hukum Universitas Warmadewa
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DOI: 10.22225/ah.2.3.2020.320-325
Abstract—Technological developments affect all aspects of life that make life easier or more instant. One aspect of this technology is affected by the purchase agreement. This agreement was initially carried out by businessmen meeting with a buyer in a place (the market), today this agreement can be done simply by using mobile phones that have internet we are able to make buying and selling the so-called E-Commerce. As for the formulation of the problem 1. How is the validity of the Sale and Purchase Agreement using Electronic Media (E-Commerce) for the parties who make it? How is the Good Faith Principle in the Sale and Purchase Agreement of Goods using Electronic Media (E-Commerce)? This research uses normative research methods. The results of this study are Effect of E-Commerce has changed the way a person to transact in the electronic media have a positive impact for both side. When there is a positive impact then of course there are negative impacts, the negative impact entrepreneurs often commit fraud in transactions because they do not meet in person only meet in cyberspace alone. So in the world of E-Commerce importance of implementing in good faith greatly influence the nets of a business because when it has been using the good faith of both parties will not commit fraud with each other.
Penguasaan Hak Atas Tanah Oleh Orang Asing Berdasarkan Perjanjian Pinjam Nama (Nominee)
I Wayan Pebriyana;
I Nyoman Putu Budiartha;
I Putu Gede Seputra
Jurnal Analogi Hukum Vol. 2 No. 3 (2020): Jurnal Analogi Hukum
Publisher : Fakultas Hukum Universitas Warmadewa
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DOI: 10.22225/ah.2.3.2020.326-330
Abstrak—Penggunaan perjanjian nominee yang merupakan perwujudan adanya suatu perikatan. Perwujudan nominee ada pada surat perjanjian yang dibuat oleh WNA dan WNI sebagai pemberi kuasa, dalam perjanjian itu bermaksud untuk memberikan kewenangan terhadap WNA selaku penerima kuasa dalm melakukan perbuatan hukum terhadap tanah yang tidak dapat dimilikinya yaitu hak milik. Ada dua masalah dalam penelitian, yaitu: (1) Mekanisme penguasaan hak atas tanah oleh orang asing, (2) Kekuatan hukum penguasaan hak atas tanah berdasarkan perjanjian pinjam Nama (Nominee). Tujuan penelitian untuk memahami mekanisme penguasaan hak atas tanah yang dilakukan oleh orang asing dan untuk mengetahui kekuatan hukum dari penguasaan hak atas tanah oleh orang asing berdasarkan perjanjian pinjam nama (nominee). Metode penelitian menggunakan penelitian hukum normatif dari studi pustaka atau hokum positif yang berlaku. Berdasarkan penelitian diketahui bahwa: (1) Penguasaan hak atas tanah oleh WNA dilakukan dengan hak pakai dan hak sewa, dan adanya suatu perjanjian pinjam nama, nama WNI dicantumkan di sertifikat hak milik. (2) Kekuatan hukum pernjanjian pinjam Nama dilihat dari Pasal 1338 Ayat 1 KUHPerdata, setiap perjanjian dibuat secara sah berlaku sebagai Undang-undang.
Sanksi Pidana Terhadap Tindak Pidana Pemalsuan Surat pada Data Polis Asuransi
I.G.A Bela Indah Komala Yusianadewi;
I Nyoman Putu Budiartha;
Made Minggu Widiantara
Jurnal Analogi Hukum Vol. 2 No. 3 (2020): Jurnal Analogi Hukum
Publisher : Fakultas Hukum Universitas Warmadewa
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DOI: 10.22225/ah.2.3.2020.341-345
Abstract—The crime of forgery of a letter is a criminal offence that resulted in the implication of truth and trust of the people. The offender wears a fake letter aims to gain an advantage for him. The crime of forgery of a letter that often occurs is the falsification of data insurance policy. An insurance policy is an agreement or insurance coverage is consensual (agreements), should be made in writing in a deed between the parties to the Treaty. As for the problem formulations used in this study are 1. How are the criminal sanctions arrangements for forgery of insurance policy data? 2. What is the legal responsibility of the insurance company for forgery of insurance policy data? this research using the normative legal research that aims to examine the legal certainty based on the result of the study of literature or the positive law in force. Legal materials collection technique begins by reading the law on counterfeiting a letter and by the method of record keeping. From the results of research and discussion of known forgeries of his own letters are listed in section 263 subsection (1) of the criminal code and section 263 subsection (2) of the criminal code which set about a criminal offence the use of fake letters, whereas the type of letter itself is regulated in article 264 of the criminal code and Act No. 40 of the year 2014 about perasuransian.
Pelaksanaan Kewenangan Kejaksaan Negeri Denpasar dalam Penuntutan Tindak Pidana Narkotika oleh Anak
Komang Ayu Sintia Dewi;
I Nyoman Putu Budiartha;
I Nyoman Gede Sugiartha
Jurnal Analogi Hukum Vol. 2 No. 3 (2020): Jurnal Analogi Hukum
Publisher : Fakultas Hukum Universitas Warmadewa
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DOI: 10.22225/ah.2.3.2020.283-287
Abstract—Independent state power, especially the implementation of authority and duties in the field of prosecution is the duty of the Prosecutor as a government institution whose provisions are in accordance with Article 30 of the Republic of Indonesia Prosecutor's Law Number 16 of 2014. Handling of child crimes in conflict with the law regulated in the Criminal Justice System and different from adults are seen in quantity and quality in carrying out acts against the law, for example narcotics abuse. The formulation of the problem (1) how is the implementation of the authority of the Denpasar District Attorney in prosecuting child narcotics crimes? (2) what are the inhibiting factors for prosecuting children who commit criminal acts of narcotics at the Denpasar District Attorney's Office? The method used in this study is an empirical legal method. The results showed that it was synchronized between the regulations governing the prosecutor's authority in prosecution with the implementation of the prosecutor's authority in the Denpasar District Prosecutor's Office and the inhibiting factors of the Denpasar District Prosecutor's authority in prosecuting child narcotics crimes, namely infrastructure and facilities, awareness of the community and child in question. The countermeasures carried out by the Denpasar District Prosecutor's Office include the Greeting Prosecutor Program, School Entrance Prosecutors and the Wayan Adhyaksa application.
Tanggungjawab Dokter Terhadap Pasien dalam Perjanjian Terapeutik
Komang Ayu Windy Widyastari Putri;
I Nyoman Putu Budiartha;
Desak Gde Dwi Arini
Jurnal Analogi Hukum Vol. 2 No. 3 (2020): Jurnal Analogi Hukum
Publisher : Fakultas Hukum Universitas Warmadewa
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DOI: 10.22225/ah.2.3.2020.315-319
Abstract—Humans are living being who have the right to get a good and healthy environment and are entitled to health services. According to article number 36, 2009 about Health, Therapeutic Agreement which is the relationship between doctor and the patient that allow doctor to conduct giving healthcare to the patients according their skills. The background of this paper is because there is an agreement of therapeutic between doctor and patient. The problem rise: 1. what is the law regulation of Therapeutic agreement between doctor and the patient in medical services? 2. How is the civil law and criminal law responsibility between doctor and the patient in therapeutic agreement? This paper is also intended to know about doctor’s responsibility to the patient of therapeutic agreement. Normatic law scientific method is used in writing this paper with statute approach, conceptual approach, and document approach. The source of law study primary secondary, secondary and tarsiers. The conclusion is the terapeutik agreement between doctor and patient is listed under the article of doctor’s responsibility of therapeutical agreement in general can be divided into 3, (1) the act of law violation (Article 1365 Civil Code); (2) irresponsible or careless act (Article 1366 Civil Code); (3) The Responsibility of the Leader to their Ordinate (Article 1367 Civil Code). And added with number.36 Act of 2009 on health, article 56 paragraphs 1, 2, 3, article 57 paragraph 1, 2, article 58 paragraphs 1, 2, 3.
Kekuatan Alat Bukti Akta Otentik Dalam Pembuktian Perkara Perdata
Komang Ayuk Septianingsih;
I Nyoman Putu Budiartha;
Anak Agung Sagung Laksmi Dewi
Jurnal Analogi Hukum Vol. 2 No. 3 (2020): Jurnal Analogi Hukum
Publisher : Fakultas Hukum Universitas Warmadewa
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DOI: 10.22225/ah.2.3.2020.336-340
Abstract—Authentic deed is a deed in the form determined by law, made by or in front of the general employees in power for that place where the deed is made, and as for general officials who are authorized to make authentic deeds, namely a Notary or PPAT. The main issue is how the power of authentic deeds is proven in civil cases and how the notary's responsibility for authentic deeds is null and void. The research method used is a type of normative legal research. While the problem approach which is the approach to the conceptual approach problem, is done by examining the views that occur in the development of legal science and the legislative approach, carried out by examining the legal aspects that have a relationship with the legal issues examined. The value of the power of outward proof, the strength of formal proof and the strength of material proof are those covered by an authentic deed. Responsible for negligence and mistakes in the contents of the deed made before him are the responsibility of the notary. In the world of notoriety there are 2 types of sanctions, namely civil sanctions and administrative sanctions. The sanction is imposed on the notary if the deed he has made is an error or a violation of the law, besides that it can also make the deed null and void.