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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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Proses Jual Beli Hak atas Tanah dengan Pembiayaan Kredit dari Bank I Kadek Surya Wirawan; I Nyoman Putu Budiartha; Luh Putu Suryani
Jurnal Konstruksi Hukum Vol. 3 No. 1 (2022): Jurnal Konstruksi Hukum
Publisher : Warmadewa Press

In this truly globalized world, living things become social beings who interact with each other. One of the conversations people have in civil dialogue is to agree on something. One of them is the sale and purchase of land rights with credit financing from banks. People often do not understand the legality of land credited through banks, so from this problem the purposes of this study are to find out the legality of the process of buying and selling land rights with credit financing from banks and procedures for buying and selling land rights with credit financing from banks. This study uses a normative research type with a case approach. Sources of data used in the form of primary and secondary legal sources. The technique of collecting legal materials that the author uses in this research is a literature study. The legal material analysis technique used is descriptive technique. The findings reveal that the principle of contractual independence as regulated in BGB 1338, and every contract made will apply to the parties to the contract and function as a supplier's rights. So that the debtor can determine the reason for receiving deposits or guarantees, bank guarantees, or PPJB status guarantees.

Akibat Hukum terhadap Investor karena Adanya Penghapusan Pencatatan (Forced Delisting) Perusahaan Terbuka di Pasar Modal Ida Bagus Rama Pratistha; I Nyoman Putu Budiartha; Desak Gde Dwi Arini
Jurnal Konstruksi Hukum Vol. 3 No. 1 (2022): Jurnal Konstruksi Hukum
Publisher : Warmadewa Press

The advancement of the technology era has made the Capital Market the most popular investment instrument today. The capital market is a high risk investment instrument due to the forced delisting of shares in the Capital Market. The purposes of this study are to reveal the regulation of forced delisting in the capital market and the legal consequences for investors due to forced delisting of public companies in the capital market. This research is a normative legal research with a statutory and conceptual approach. The sources of legal materials used are primary and secondary sources of legal materials which are collected using an inventory technique and then analyzed normatively in order to interpret the law (interpretation). Based on the results of the study, it is known that the regulation regarding delisting has been stated in the Capital Market Law and the Indonesian Stock Exchange regulations but there is no form of regulation that protects investors if the company experiences Forced Delisting. The legal consequences that are felt are the contamination of the company's reputation and the company's shares will lose interest, and for investors, investors will lose their investment.

Perlindungan Hukum terhadap Investor dalam Transaksi Jual Beli Saham melalui Perusahaan Sekuritas Ilegal Berbasis Online I Gusti Ayu Andara; I Nyoman Putu Budiartha; Desak Gede Dwi Arini
Jurnal Konstruksi Hukum Vol. 3 No. 1 (2022): Jurnal Konstruksi Hukum
Publisher : Warmadewa Press

The development of internet technology that is increasingly developing affects the stock investment sector related to financial digitization. Indonesia is a developing country that uses technology to create innovation in economic products. The ease of investing online certainly makes it easier for people to carry out investment activities. Moreover, with all the conveniences and increasingly sophisticated technology, causing criminals who harm others by using technology as a medium. The purposes of this study are to analyze the form of legal protection for investors in buying and selling shares through online-based illegal securities companies and the forms of liability of illegal securities companies to investors who are harmed by online share buying and selling transactions. This legal research method is normative with a statutory and conceptual approach. The sources of law used are primary and secondary sources of law. The technique of collecting legal materials is carried out in the library which is then analyzed using descriptive analysis techniques. The results showed that . Legal protection is carried out by means of preventive (prevention) and repressive (sanctioning). Criminal, civil and administrative sanctions will be accepted as a form of responsibility for online-based illegal securities companies. the responsibility of online-based illegal securities companies that can be subject to criminal, civil and administrative sanctions.

Perlindungan Hukum bagi Wajib Pajak dalam Sengketa Pajak Daerah di Kabupaten Badung A.A Gede Diotama; I Nyoman Putu Budiartha; Ida Ayu Putu Widiati
Jurnal Konstruksi Hukum Vol. 3 No. 1 (2022): Jurnal Konstruksi Hukum
Publisher : Warmadewa Press

During the search for justice in the field of taxation, the legislation has facilitated a special route. The emergence of tax disputes is the result of decisions that do not give satisfaction to taxpayers, so efforts need to be made to resolve them properly, effectively, and efficiently. The purposes of this study are to reveal the efforts of taxpayers' objections and appeals in resolving local tax disputes in Badung Regency, taxpayers' lawsuits in resolving regional tax disputes and the chronology and analysis of tax dispute resolution in Badung Regency. This research is a type of normative research with a statutory approach. Sources of data used in the form of primary and secondary legal sources. The data collection technique used in this research is the technique of studying legal documents and the data that has been collected is then used qualitative analysis techniques. The results of the study reveal that the settlement of local tax disputes between taxpayers and the Badung Regency Government through preventive and repressive efforts, forms of legal protection in resolving local tax disputes can be in the form of preventive and repressive legal protection, as well as legal efforts carried out by taxpayers to decide cases of local tax disputes in Indonesia. Badung Regency through preventive efforts by submitting an objection to the Head of the Badung Regent against the tax underpayment assessment letter.

Harta Bersama Sebagai Objek Jaminan Perjanjian Kredit Bank Aurora Mayawa Rissandjani; I Nyoman Putu Budiartha; Ni Made Puspasutari Ujianti
Jurnal Konstruksi Hukum Vol. 3 No. 1 (2022): Jurnal Konstruksi Hukum
Publisher : Warmadewa Press

Social beings are part of domestic development, so is the need for investment. It's almost unbelievable an event if there is no credit agency. In the case of an engagement by a third party, it is stated that a credit agreement with collateral for joint assets carried out by a husband or wife must obtain the spouse's permission by means of participation during the ratification of the engagement. However, a conflict will arise if legal steps are carried out involving joint property without the permission of one of the partners, so it is not in sync with the applicable process. The purposes of this study are to analyze the validity of the use of joint assets as collateral without the consent of the husband or wife, the legal consequences of guaranteeing joint assets in a bank credit agreement without the consent of the husband or wife and legal settlement due to the guarantee of joint assets without the permission of the husband or wife. This type of research is normative legal research with a case and conceptual approach. Legal sources are primary and secondary legal sources, while data collection techniques are carried out by examining existing library materials which are then analyzed systematically. In this study, it was found that when carrying out a credit agreement by insuring joint assets, it must be recognized by both parties between the wife and husband and if it violates the subjective conditions, it can be canceled

Perlindungan Konsumen atas Penjualan Produk Pakaian Obral Tanpa Informasi yang Lengkap Melalui Media Online pada Masa Pandemi Covid-19 I Kadek Bagiasa; I Nyoman Putu Budiartha; Ni Gusti Ketut Sri Astiti
Jurnal Konstruksi Hukum Vol. 3 No. 1 (2022): Jurnal Konstruksi Hukum
Publisher : Warmadewa Press

The existence of affordable products, on the one hand, is useful for the parties, but there are hidden conditions related to trade in goods marketed at very low prices that are not really beneficial to consumers. The purposes of this study are to reveal the protection of consumers who are harmed by not providing complete information about clothing products on sale through online media and the responsibility of business actors for consumer losses who receive incomplete information. This type of research uses a normative legal research type. Normative legal research with a statutory approach. Sources of legal materials used are primary and secondary legal sources. In order to collect primary and secondary legal materials using an inventory technique and presented in a descriptive form. The results of the study reveal that the provision of consumer legal protection for incomplete information on goods can be divided into preventive legal protection and also repressive legal protection. The responsibility of the seller of the goods to compensate for the loss, whether in the form of a refund, exchange of the same goods or having a comparable nominal. The compensation must be carried out within seven days of the transaction being executed. If it is found at a later date that there is more evidence of wrongdoing regarding the loss suffered by the consumer, so that the compensation paid by the seller of the goods does not rule out the possibility of criminal prosecution. However, the seller of the goods may be relieved of the responsibility to provide such compensation.

Akibat Hukum Penolakan Rencana Perdamaian Debitur oleh Kreditur dalam Proses Penundaan Kewajiban Pembayaran Utang Gede Nira Wicitra Yudha; I Nyoman Putu Budiartha; I Made Minggu Widyantara
Jurnal Konstruksi Hukum Vol. 3 No. 1 (2022): Jurnal Konstruksi Hukum
Publisher : Warmadewa Press

In running a business, there are usually various problems, one of which we often encounter is the problem of accounts payable. This problem usually occurs because one of the parties defaults which causes complex problems that occur, from the point of view of business actors as creditors who want legal certainty regarding their receivables to be paid as soon as possible when they are due, whereas from the customer's point of view as debtors want The debts and receivables were settled amicably, which saw the situation and condition of the debtor's ability to pay without taking assets as collateral for the debt. This then became a factor in the rejection of the reconciliation plan by the creditor in the process of delaying debt payment obligations. The state, in this case policy makers and law enforcers, provides legal certainty to both parties through Law Number 37 of 2004 concerning Bankruptcy and Postponement of Debt Payment Obligations (PKPU). The purpose of writing this research is to provide education to the academic community and the public about the legal consequences of rejecting the debtor's reconciliation plan by creditors in the process of delaying debt repayment obligations.

Pengenaan Sanksi Adat Bagi Pelaku Tindak Pidana Penyalahgunaan Wewenang Terhadap Keuangan Pada Lembaga Perkreditan Desa (LPD) Tuwed Kecamatan Melaya Kabupaten Jembrana Kadek Mas Aditya Mahottama; I Nyoman Putu Budiartha; Ni Made Puspasutari Ujianti
Jurnal Konstruksi Hukum Vol. 3 No. 2 (2022): Jurnal Konstruksi Hukum
Publisher : Warmadewa Press

Abuse of authority in customary village institutions is not only sanctioned by national law but also sanctioned by customary law or commonly called awig – awig. For example: the abuse of authority that occurred in the Village Credit Institution (LPD) Tuwed, Melaya District, Jembrana Regency. This research was conducted to examine the form of imposition of customary sanctions for perpetrators of criminal acts of abuse of authority over finances at the Tuwed Village Credit Institution (LPD) Melaya District, Jembrana Regency. The research method used in this research is empirical legal research by approaching people who can be used as sources. Sources of data used in this research are primary and secondary data. Data were analyzed using qualitative analysis methods. The results in this research are: The existence of customary law in the national legal system is still gray until now because in several cases that occurre which should have involved customary law or customary village awig - awig but during the settlement process it seemed that it had no power or ignored in court proceedings and national law. And the abuse of authority over finances at the Tuwed Village Credit Institution for the settlement of criminal cases through customary law consists of the first, the mediation system, and second, the restorative justice system and the sanctions given based on customary law in the form of social sanctions.

Larangan Penguasaan Tanah Oleh Wna Melalui Perjanjian Nominee Kadek Ramdhana Wija Dharma; I Nyoman Putu Budiartha; Ni Made Puspasutari Ujianti
Jurnal Konstruksi Hukum Vol. 3 No. 2 (2022): Jurnal Konstruksi Hukum
Publisher : Warmadewa Press

A nominee agreement is an agreement made between a person who according to law cannot be the subject of certain land rights (property rights), in this case a foreigner and an Indonesian citizen, with the intention that the foreigner can control (own) the land with the right of ownership legally. de facto, but legally-formally (de jure) the land with the right of ownership is in the name of an Indonesian citizen. Foreign nationals who control land owned by Indonesian citizens by entering into a nominee agreement. This research was conducted to examine the form of prohibition of land tenure by foreigners through the Nominee Agreement. The research method used is an empirical method with a statutory regulatory approach and conceptual approach. This study uses primary legal materials and secondary legal materials. data collection techniques by collecting, studying, exploring and reviewing documents in depth relating to the problems studied. The data collected were analyzed using qualitative methods. The results of this study indicate that the validity of the nominee agreement and the legal position of foreign citizens in land tenure through the nominee agreement. The legal force of a nominee agreement can be seen from the fulfillment or not of the legal requirements of an agreement as specified in Article 1320 of the Civil Code and good faith at the stage of contract formation, negotiation and signing of the nominee agreement

Pelaksanaan Perlindungan Hak-Hak Pekerja Penyandang Disabilitas Pada Badan Hukum Nirlaba Di Yayasan Bunga Bali I Dewa Gede Aditya Mahendra Putra; I Nyoman Putu Budiartha; Ni Komang Arini Styawati
Jurnal Konstruksi Hukum Vol. 3 No. 2 (2022): Jurnal Konstruksi Hukum
Publisher : Warmadewa Press

People with disabilities sometimes receive less attention or are often discriminated against. The expectations of persons with disabilities in obtaining employment are relatively low, compared to those without physical disabilities. Foundations have an important role in dealing with various problems that are currently occurring and the fulfillment of the rights of workers with disabilities has been obtained through the existence of foundations or non-profit organizations. This research was conducted to examine the implementation of the protection of the rights of workers with disabilities in the Non-Profit Legal Entity at the Bunga Bali Foundation. The method used in this research is an empirical method with a sociological approach. Sources of data used in the form of primary and secondary data. The data analysis method used in this research is a qualitative method. The results of this research reveal that all existing regulations have been implemented by the foundation, but some companies are not ready to have employees with conditions as persons with disabilities, making it difficult for the foundation to channel workers with disabilities to work outside the company and obstacles in fulfilling the rights for people with disabilities. workers with disabilities by a non-profit legal entity at the Bunga Bali foundation and if later there is an obstacle, the foundation will immediately discuss the existing obstacles and as soon as possible the foundation will find a way out.

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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