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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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Penyelesaian Perjanjian Kredit Terhadap Debitur yang Wanprestasi di Pt. Bank Perkreditan Rakyat Hari Depan Denpasar Ni Made Lady Ruslya; I Nyoman Putu Budiartha; Ida Ayu Putu Widiati
Jurnal Konstruksi Hukum Vol. 2 No. 3 (2021): Jurnal Konstruksi Hukum
Publisher : Warmadewa Press

Indonesia is a developing country, this development is followed by rapid competition. In carrying out activities in any field, especially in economic activities, the community should not act recklessly but must follow the applicable norms. The government in an effort to equalize the welfare of its people creates a forum for community associations to process funds owned or borrowed funds to open a business. One of them is a bank that is engaged in the financial sector. People's credit banks are the government's solution to provide convenience to the community but with terms and conditions in the lending process. Every community who wants to borrow money for certain purposes can be done at BPR, those who want to borrow capital must have collateral which will later be calculated according to the desired loan, but it is not uncommon for bank staff to not think about the amount of collateral used with borrowed funds, resulting in frequent defaults. This study examines the factors that cause default in the credit agreement at PT. The People's Credit Bank for the Future of Denpasar and explained the efforts of PT. The People's Credit Bank of Denpasar is in the process of settling debtors who are in default. Researchers conduct direct information searches through interviews or empirical research with a case and legislation approach. Furthermore, the data were analyzed using qualitative descriptive. The factor for the occurrence of default is due to the negligence of the bank in complying with the rules that have been outlined. Efforts made to customers who are in default are conducting coaching, rescuduling, reconditioning and restructuring, if not fulfilled, a settlement will be carried out under the hands of selling both parties, the last stage is the determination of execution through the court. If the determination has been granted, the creditor immediately carries out the execution in accordance with.

Kewenangan Mengadili atas Penerapan Choice Of Law Pada Asuransi Pengangkutan Laut Ni Made Debi Ade Viskesia; I Nyoman Putu Budiartha; I Putu Gede Seputra
Jurnal Konstruksi Hukum Vol. 2 No. 3 (2021): Jurnal Konstruksi Hukum
Publisher : Warmadewa Press

Transportation is currently developing very rapidly in the aspect of life, there are many transportations that provide cheaper prices than other transportation. To avoid the risks in sea transportation using sea freight insurance, but sea freight insurance still uses English law and its provisions. So that in the sea transportation insurance agreement the choice of law applies. The study examines the position of the choice of law in the settlement of maritime transportation disputes and explains the procedure for resolving disputes over the choice of law on the authority to adjudicate sea transportation. This study uses a normative research method with a statutory approach because there is still a conflict of norms, sourced from primary and secondary data. In the Civil Code Articles 1320 and 1338 it has been determined that the conditions for the validity of an agreement and agreements made legally will become law for those who make them. So apart from that, the choice of law in the jurisdiction to adjudicate is also contained in international civil law, thus in the settlement of maritime transportation insurance disputes that still use English law, it can be resolved by looking at the facts contained in the sea freight insurance agreement with the applicable laws. apply.

Tanggungjawab Perdata Pemborong Akibat Kegagalan Bangunan dalam Perspektif Hukum Positif Indonesia I ketut Suardika; I Nyoman Putu Budiartha; I Made puspasutari Ujianti
Jurnal Konstruksi Hukum Vol. 2 No. 3 (2021): Jurnal Konstruksi Hukum
Publisher : Warmadewa Press

The collapse of several buildings as reported by various mass media including the collapse of the Yellow Bridge in Nusa Lembongan Klungkung, the perimeter of Soekarno Hatta Airport, the stock trading center building of the Indonesia Stock Exchange (IDX) is one of the problems faced today. For this incident, the Contractor who participated in the construction should be assumed to be responsible. The purpose of this research is to analyze the arrangement of building contract agreements in the perspective of Indonesian positive law and civil liability to contractors due to the occurrence of building failures in the perspective of Indonesian positive law. This research uses a normative legal research method with a statutory approach and a conceptual approach. Data collection techniques were collected through legal inventory. The sources used are primary and secondary sources of law. After the data is collected, then the data is analyzed systematically. The results of the research indicate that the collapse of the building outside the force majeure in UUJK 2/2017 is referred to as Building Failure. The Civil Code, UUJK 2/2017 concerning Construction Services and their derivative regulations are positive laws that still apply as legal umbrellas in regulating development implementation.

Perlindungan Konsumen terhadap Tindakan Pemadaman Listrik yang Dilakukan Secara Sepihak oleh PT. PLN (Persero) UP3 Bali Selatan I Gede Dharma Kusuma; I Nyoman Putu Budiartha; lda Ayu Putu Widiati
Jurnal Konstruksi Hukum Vol. 2 No. 3 (2021): Jurnal Konstruksi Hukum
Publisher : Warmadewa Press

Circumstances that make people complain about the services provided by PLN are power outages without prior notification. The number of public complaints related to power outages has forced PLN to be confused in fixing the organizational structure, especially in the coordination sector between workers. The purpose of this research is to reveal the legal protection arrangements for consumers of electricity users at PT. PLN (Persero) UP3 as well as legal remedies that can be taken by consumers using electricity in the event of a power outage unilaterally by PT. PLN Persero UP3 South Bali. This research method uses an empirical method with a statutory approach and a case approach. Data collection techniques were carried out by means of field research by applying the interview method. Sources of data used in the form of primary and secondary data sources. The data analysis technique was carried out systematically. The results of the research reveal that the government in terms of providing protection to the public to obtain electricity supply is sufficient to make consumer protection regulations in which there are consumer rights and obligations to obtain justice and are obliged to make appeals from the government in an effort to prevent criminal acts in accordance with positive law in force in Indonesia. The government is dealing with field workers from PLN who intentionally or unintentionally do not notify the public of this rotating power outage and PLN should give a warning to its workers who do not carry out orders according to the SOPs applicable in the company.

Kedudukan Perempuan Mulih Daha dalam Keluarga dan Akibat Hukum Terhadap Anak di Desa Adat Mengwitani Putu Ayu Devi Kardila; I Nyoman Putu Budiartha; I Wayan Rideng
Jurnal Konstruksi Hukum Vol. 2 No. 3 (2021): Jurnal Konstruksi Hukum
Publisher : Warmadewa Press

Women who return to their original homes because of a divorce, their status is called mulih daha (girls return). With this, the mulih daha woman continues to carry out her swadharma (obligations) to her parents at her home. If the marriage breaks up due to divorce, it also has legal consequences for the child. Based on the background that has been described, the purpose of this study is to find out how the legal status of the Mulih Daha woman is and what are the legal consequences for the child brought by the Mulih Daha woman to her home. The research method in this writing uses empirical research methods. The results of this study indicate that mulih daha women have no right to claim back the right to inherit in their home of origin. The rights and obligations of parents who have divorced their children must still be carried out as stipulated in Article 26 paragraphs (1) and (2) of Law Number 35 of 2014 concerning amendments to Law Number 23 of 2002

Hak Isteri terhadap Harta Bersama dalam Perkawinan yang Putus Karena Kematian I Gede Sukadana; I Nyoman Putu Budiartha; Diah Cayatri Sudibya
Jurnal Konstruksi Hukum Vol. 2 No. 3 (2021): Jurnal Konstruksi Hukum
Publisher : Warmadewa Press

Inheritance law is very closely related to the scope of human life, because every huma n being drill definiiely experience a legal event called death related to the problem of how to manage and continue rights and obligations ofa person who dies. This siudy aims to identify a wife's rights io joint property in a marriage that has been broken up due to death. The be of research used is a normative legal research method with a siaiuiory approach. Technique of collecting legal serials uses Documeiiiaiion Studies and Literature Studies. Results of windy show that the wife's right to joint property in a marriage that is broken up due to death, namely the wife has a half right to propert y because the property is obtained from results obtained from cooperation carried out by wife and husband who are already bound in marriage from the beginning of marriage to end. my husband has passed array. The legal remedy that can be taken by the wife is litigation, which is the seiilement of disputes in court and now-litigation, namely the senlement of dispWee outside the conn.

Perlindungan Konsumen terhadap Peredaran Kosmetik yang Mengandung Zat Berbahaya di Kota Denpasar I Gede Tirtayasa; I Nyoman Putu Budiartha; Ni Made Puspasutari Ujianti
Jurnal Konstruksi Hukum Vol. 3 No. 1 (2022): Jurnal Konstruksi Hukum
Publisher : Warmadewa Press

Nowadays, the trend of beauty products is growing rapidly among the people, which causes the emergence of cosmetic business actors who act fraudulently. Licensing of cosmetic products is of course very important because with a permit from the government, it can be ascertained that the product is safe to use. This study aims to determine consumer protection against the circulation of cosmetics containing hazardous substances in the city of Denpasar and to find out the responsibility of business actors for the circulation of cosmetics that harm consumers. This research was conducted to collect data at the Department of Industry and Trade of Denpasar City and YLKI Bali with interview and documentation techniques. The data analysis used is qualitative data analysis. The results of the study indicate that legal protection for consumers for the distribution of cosmetics that harm consumers is carried out by every element involved based on Law No. 8 of 1999 concerning Consumer Protection and Regulation of the Indonesian National Food and Drug Administration No. HK.00.05.4.17.45 concerning Cosmetics. The responsibility of business actors for the circulation of cosmetics that harm consumers is in the form of compensation given in the form of refunds or replacements in the form of goods. If this is found to be intentional, the business actor may be subject to sanctions. There are two types of sanctions given if business actors are proven to produce dangerous cosmetics. The first is administrative sanctions in the form of fines, and criminal witnesses in the form of confinement or imprisonment. The form of sanctions given is adjusted to the level of producer error and losses experienced by consumers.

Penyelesaian Kredit Macet pada BPR Sinar Putra Mas Akibat Pandemi Covid-19 Komang Vegayanthi; I Nyoman Putu Budiartha; Putu Ayu Sriasih Wesna
Jurnal Konstruksi Hukum Vol. 3 No. 1 (2022): Jurnal Konstruksi Hukum
Publisher : Warmadewa Press

Credit facilities are very useful for today's society, especially in terms of business and business. The condition of the COVID-19 pandemic has a significant impact in various aspects, one of which is the payment of credit. During the Covid-19 Pandemic, BPR Putra Mas felt the impact, namely in the form of bad credit incidents against several customers. This research is empirical research. Using the statutory approach (Statue Approach), the author of the Legal Concept Analysis Approach (Analytical and Conceptual Approach), and the Fact Approach (The Fact Approach). Primary data in empirical research is in the form of interviews with informants who are the Manager and Head of the Credit Section of BPR Sinar Putra Mas. The data techniques used were interview techniques and document study techniques. The results of this study are the factors that cause bad credit at BPR Sinar Putra Mas in broad outline into three. First, namely the debtor factor, Second, the creditor factor, and the three factors from Outside Debtors and Creditors (External). the steps of Rescheduling (Rescheduling), Reconditioning (Requirements), Restructuring (Rearranging), and Liquidation (Liquidation).

Penegakan Hukum oleh Aparat Lembaga Pemasyarakatan dalam Menanggulangi Penyelundupan Narkotika Charles Ferguson Lagaribu De Ornay; I Nyoman Putu Budiartha; I Nyoman Gede Sugiartha
Jurnal Konstruksi Hukum Vol. 3 No. 1 (2022): Jurnal Konstruksi Hukum
Publisher : Warmadewa Press

A criminal act is a form of violation of the norms contained in the law and is considered a criminal penalty. The law becomes a social control for the community, so as not to commit acts that deviate from the provisions of positive law in Indonesia which have been regulated in the law. The rule of law is a society with a life regulated by law that must be obeyed and obeyed by the community and its law enforcement officers. The purpose of this study is to understand the Forms of Law Enforcement by Correctional Apparatuses in Overcoming Narcotics Smuggling in Prisons and to analyze the Barriers of Correctional Apparatuses in Overcoming Narcotics Smuggling in Prisons. This research was conducted using a normative research type. Regulations on Narcotics can be seen in Law Number 35 of 2009 concerning Narcotics and Law Number 12 of 1995 concerning Corrections. Narcotics regulation is made as a form of effort in the field of criminal law from the government, especially in terms of eradicating narcotics crimes and preventing narcotics smuggling in Indonesia.

Wanprestasi Pihak Debitur dalam Perjanjian Non Kontraktual dengan Jaminan Gadai Bagus Alit Pradnyana Artha Wirawan; I Nyoman Putu Budiartha; Ni Made Puspasutari Ujianti
Jurnal Konstruksi Hukum Vol. 3 No. 1 (2022): Jurnal Konstruksi Hukum
Publisher : Warmadewa Press

Indonesia is a developing country with various kinds of economic development. Bound by government regulations, the community cannot act arbitrarily and must follow applicable norms. The government in an effort to equalize the welfare of its people frees the community to manage their funds or loans with collateral. The purpose of this study is to understand the legal construction of non-contractual debt agreements with collateral and to analyze the legal protection for the parties to non-contractual debt agreements in the event that the debtor defaults. Researchers search for information directly through collecting data from several legal books and linking it to the problems studied and then drawing conclusions, this research is often called a normative research method using a statutory approach. Honesty and obedience in unsecured agreements are based on trust between the parties concerned, especially the lender and the borrower. There are often defaults in this agreement where the borrower does not pay for various reasons but is absent from payment, various problems such as the borrower disappears or runs away, does not feel he has debt, feels unfair with the interest given but is not stated when making the agreement, many borrower incidents do not want to pay because the agreement does not include a letter of agreement and prioritizes trust.

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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