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All Journal Jurnal Daulat Hukum Sociological Jurisprudence Journal Jurnal Hukum Prasada Jurnal Konstruksi Hukum Jurnal Interpretasi Hukum Jurnal Preferensi Hukum (JPH) Postgraduated Community Service Journal POLICY, LAW, NOTARY AND REGULATORY ISSUES (POLRI) Law Doctoral Community Service Journal Al-Zayn: Jurnal Ilmu Sosial & Hukum Demokrasi: Jurnal Riset Ilmu Hukum, Sosial dan Politik Jurnal Analogi Hukum
Ni Komang Arini Styawati
Universitas Warmadewa
Religion Humanities Economics, Econometrics & Finance Education Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Social Sciences Other

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Efektivitas Penyelenggaraan Jaminan Sosial Ketenagakerjaan Pada PT Lamaison (LM) Faikotul Masruchah; Ni Komang Arini Styawati ; I Made Arjaya
Demokrasi: Jurnal Riset Ilmu Hukum, Sosial dan Politik Vol. 1 No. 2 (2024): April : Demokrasi: Jurnal Riset Ilmu Hukum, Sosial dan Politik
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/demokrasi.v1i2.168

Abstract

This article is to test the effectiveness of Law Number 24 of 2011 concerning Social Security Administering Bodies in PT Companies. LM and sanctions given to companies if they do not carry out the mandate of the Manpower Law. This research method uses an empirical method, namely a process that aims to interpret research data. The results of this research are that the implementation of Law Number 24 of 2011 concerning BPJS related to employment in furniture companies has not been effective. Sanctions imposed on companies that do not carry out the statutory mandate to provide their employees with social security are sanctions in the form of written warnings and fines. 
Legal Protection for Workers Experiencing Inter-Legal Entity Transfers within Corporate Groups in Indonesia Ratih Wedhasari; I Nyoman Putu Budiartha; Ni Komang Arini Styawati
Jurnal Daulat Hukum Vol 9, No 1 (2026): March 2026
Publisher : Magister of Law, Faculty of Law, Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jdh.v9i1.50248

Abstract

The development of corporate groups in Indonesia has led to increasingly complex employment relations, particularly regarding the practice of transferring workers between legally distinct entities within the same corporate group. Although such transfers are economically justified by integrated business operations and centralized management, Indonesian labor law has not explicitly regulated inter–legal entity transfers. Existing regulations under the Manpower Law and the Job Creation Law primarily recognize transfers within a single legal entity as a managerial prerogative, leaving a normative gap that creates legal uncertainty and potential violations of workers’ rights. This condition is reflected in judicial practice, notably in Industrial Relations Court Decision No. 10/Pdt.Sus-PHI/2021/PN Tjk, which emphasizes formal legality while offering limited substantive protection to workers. This research employs a normative juridical method with a statutory, conceptual, and case approach. Primary legal materials include labor and corporate legislation, judicial decisions, and collective labor agreements, while secondary materials consist of legal doctrines and scholarly works. Legal materials are analyzed qualitatively through systematic interpretation to assess the adequacy of existing regulations and judicial reasoning. The findings reveal that the absence of explicit legal norms governing inter–legal entity transfers within corporate groups has resulted in inconsistent practices and weakened worker protection. Transfers are often treated as managerial policies without sufficient assessment of good faith, proportionality, or the continuity of workers’ rights. The study argues that legal protection for transferred workers should be constructed on a balanced integration of justice, legal certainty, and utility. It further proposes a dual protection model: preventive protection through explicit statutory regulation and strengthened cross-entity collective labor agreements, and repressive protection through progressive judicial interpretation and effective dispute resolution mechanisms. This study concludes that recognizing corporate groups as single economic units with labor law relevance is essential to ensure substantive justice, protect workers’ rights, and promote sustainable industrial relations in Indonesia.
The Role of the Regional Technical Implementation Unit for the Protection of Women and Children (UPTD PPA) in Addressing Violence Against Women and Children in Denpasar City Anak Agung Ayu Krisna Dewi; Ni Luh Made Mahendrawati; Ni Komang Arini Styawati
POLICY, LAW, NOTARY AND REGULATORY ISSUES Vol. 5 No. 1 (2026): JANUARY
Publisher : Transpublika Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55047/polri.v5i1.2138

Abstract

In accordance with the Regulation of the Minister of Women’s Empowerment and Child Protection Number 4 of 2018 concerning Guidelines for the Establishment of Regional Technical Implementation Units for the Protection of Women and Children, subsequently operationalized at the local level through the Regulation of the Mayor of Denpasar Number 25 of 2018, the Regional Technical Implementation Unit for the Protection of Women and Children (UPTD PPA) is entrusted with the statutory duty to provide protection services and to administer the handling and resolution of cases involving violence against women and children. Nevertheless, despite the institutional establishment of the UPTD PPA, the number of violence cases remains relatively high, and many incidents are still unreported, resulting in victims not receiving proper protection and follow-up handling. This condition diverges from the principal objective underlying the establishment of the UPTD PPA, which is intended to prevent, mitigate, and address acts of discrimination and violence against women and children. Accordingly, this study adopts an empirical legal research method employing a juridical, empirical approach to examine legal provisions in conjunction with their implementation in societal practice. The study findings indicate that the implementation of the UPTD PPA’s role has not yet operated effectively, primarily due to the complexity of violence cases that require coordination among various institutions with different authorities and functional responsibilities, thereby affecting the optimal delivery of protection and case-handling services.
Encumbrance of Mortgage Rights on Uncertified Land Gautam Kumar Jha; Ni Komang Arini Styawati; I Nyoman Sumardika
Sociological Jurisprudence Journal Vol. 5 No. 1 (2022)
Publisher : Fakultas Hukum, Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/scj.5.1.2022.56-60

Abstract

In the General Explanation of Mortgage Law (UUHT) it is stated that there are two absolute elements of land rights that can be used as mortgage objects, one of which is that the right in accordance with applicable provisions shall be registered at the Land Office. Thus, every Mortgage Object shall be registered and have a land title certificate. Nevertheless, on land having not been certified, Mortgage Rights may also be charged as long as the grant is carried out at the same time as the application for registration of the land rights in question. The problem is how to carry out the registration of mortgage rights on uncertified land and what are the legal consequences of granting mortgage rights to uncertified land rights? This study uses a juridical-empirical research method. There are two types of data used, such as primary and secondary data. The encumbrance of Mortgage Rights on land having not been certified has never been carried out by banks by making a Deed of Encumbrance of Mortgage Rights (APHT) directly. Banks are only limited to making a Power of Attorney to Charge Mortgage (SKMHT) only. The consideration for not making APHT for land that has not been registered is because the ownership of the titles to the land is not yet clear. In practice, Notaries/Land Deed Officials always make SKMHT in accordance with Article 15 (4) UUHT to bind collateral for land that has not been certified. This is an obstacle because the certification process takes more than 3 months, even a year. In dealing with problems in the form of unpaid loans with uncertified land collateral, while the debtor has died and left an heir, then there are several ways of settling the bank, such as: if the credit is due, then the payment is taken over by credit insurance. If the credit has matured and the credit insurance has expired, it will be billed until it is paid off to the heirs in a family manner by offering interest relief on the loan, asking the heirs concerned to make an underhand sale of the object of the guarantee.
Implementation of Patient Legal Protection in Internal Policy Implementing BPJS Health in Wangaya Hospital, Denpasar City I Gusti Agung Dhian Maharani Swari Dewi; Ni Made Jaya Senastri; Ni Komang Arini Styawati
Jurnal Hukum Prasada Vol. 9 No. 2 (2022): Jurnal Hukum Prasada
Publisher : Magister of Law, Post Graduate Program, Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/jhp.9.2.2022.107-116

Abstract

Policies in the implementation of health services at BPJS Health there are still obstacles experienced by patients and the hospital. Legal protection in health services aims to ensure legal certainty obtained by patients, so that patients avoid losses when receiving health services that should be optimally provided by health workers. The purpose of this study is to examine the implementation of the internal policies established by the Wangaya Hospital, Denpasar City in the implementation of BPJS Health services and to examine the legal protection for patients in BPJS Health services at Wangaya Hospital Denpasar City. This study uses empirical legal research methods, using the approach to legislation, analysis of legal concepts and facts. The research location is at Wangaya Hospital, Denpasar City. The results of this study showed that the implementation of internal policies at Wangaya Hospital, Denpasar City in providing BPJS Health services, namely with the authority of hospitals to be able to formulate and implement hospital regulations (hospital by laws) which contain general hospital services policies that support corporate governance and good governance, clinical governance. In the implementation of BPJS Health at Wangaya Hospital, Denpasar City, there are obstacles, such as: obstacles in claiming, technical, procurement of medicines that are not available or not yet available at distributors. Meanwhile, legal protection in BPJS Health services where patients are BPJS Health participants to be able to fulfill their rights as participants or patients. Patient rights have been regulated in the Medical Practice Law, Health Law, and Hospital Law. Legal protection is provided by the BPJS Health and the Hospital, namely by establishing a PIC (Personal in Change) which functions to accommodate handling patient complaints or related to BPJS Health services.
Legal Protection of Depositors' Funds in The Event of Bank Liquidation Anak Agung Ngurah Bagus Krisna Pratama; Johannes Ibrahim Kosasih; Ni Komang Arini Styawati
Jurnal Hukum Prasada Vol. 10 No. 2 (2023): Jurnal Hukum Prasada
Publisher : Magister of Law, Post Graduate Program, Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/jhp.10.2.2023.123-129

Abstract

In general, a bank is a financial intermediary institution generally established with the authority to accept money deposits, lend money, and issue promissory notes or what is known as banknotes, banks in carrying out one of their functions are collecting funds from the public in other words, storing funds in the bank gets the benefit of interest for customers, in this case not all the benefits promised by the bank can be realized the higher the interest it seems that we as customer consumers feel benefited, but in reality there are banks that provide high interest after that the health of their banks decreases so that it has an impact on customer consumers on their savings at the bank. The formulation of the problems raised in this study are 1). What are the consequences or legal consequences for banks in the placement of funds that are not in accordance with the LPS policy in the event that the bank is not healthy? 2). How is the legal protection of depositors in the event that the bank is liquidated by LPS? This research uses normative legal research methods, namely research by collecting and analyzing secondary data using secondary data sources only, namely books related to the problem, relevant laws and regulations, relevant court decisions, legal theories and relevant scholars' doctrine experts, and case studies related to legal issues, the theory used to analyze the theory of satisfaction, the theory of legal certainty and the theory of legal protection. The conclusion of this research is to provide protection to customers if they save funds in banks that are determined to be unhealthy by the Deposit Insurance Corporation so that customers feel safe if they want to save their funds in the banking world.
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

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/jkh.2.2.3253.344-349

Abstract

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

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/jkh.2.2.3257.367-372

Abstract

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
Pertanggung Jawaban Perusahaan Daerah Parkir Terhadap Konsumen Ditinjau dari Peraturan Daerah Kota Denpasar Nomor 11 Tahun 2005 tentang Sistem Penyelenggaraan Perparkiran Kadek Rizal Artawan; Ni Komang Arini Styawati; I Wayan Arthanaya
Jurnal Konstruksi Hukum Vol. 2 No. 3 (2021): Jurnal Konstruksi Hukum
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/jkh.2.3.3673.650-655

Abstract

Regional Regulation Number 11 the year 2005 concerning the system of parking arrangement states, the regulation states if the consumer loses a vehicle in the place where the retribution is levied then Denpasar Parking Company will provide the compensation . However, there is still a lot of society that does not know about compensation regulation. The purposes of the research are to analyze the consumer's effort who have suffered losses in demanding the compensation and the responsibility of Denpasar Parking Company due to the loss of vehicles in Denpasar city. The method used is empirical legal research and the approach used is the statute approach and fact approach. The results of this stud y show the consumer who demands compensation for the losses in the Denpasar City area can be done in 2 ways outside the court and in court. Carving compensation through non -litigation from Denpasar Parking Company is by giving compensation that has been set. The mechanism of Denpasar Parking Company in providing the compensation is the compensation should be paid no later than 7 days afler the claim submission file is received, but any incidents outside the loss of the vehicle are not the responsibility of the Denpasar Parking Company.
Perlindungan Hukum terhadap Korban Toxic Relationship di Kalangan Remaja Ni Luh Wiweka Widyastuti; Ni Komang Arini Styawati; Ketut Adi Wirawan
Jurnal Konstruksi Hukum Vol. 3 No. 1 (2022): Jurnal Konstruksi Hukum
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/jkh.3.1.4413.166-171

Abstract

Saat ini marak terjadi kasus toxic relationship atau hubungan beracun yang sebagian besar korban merupakan kalangan remaja. Pemerintah Indonesia juga belum mengatur secara khusus tentang toxic relationship, namun terdapat beberapa aturan yang terkait dengan toxic relationship. Tujuan penelitian ini untuk mengetahui pengaturan terhadap pelaku toxic relationship (hubungan beracun) di kalangan remaja serta bentuk perlindungan hukum terhadap korban toxic relationship (hubungan beracun) di kalangan remaja. Metode penelitian hukum ini bersifat normatif dengan pendekatan perundang-undangan dan konseptual. Sumber hukum yang digunakan berupa sumber hukum primer dan sekunder. Teknik pengumpulan bahan hukum yang dipergunakan dengan menggunakan teknik studi kepustakaan, selanjutnya dianalisis menggunakan teknik argumentasi dan interpretasi. Hasil penelitian mengungkapkan bahwa pemberian perlindungan hukum bagi korban toxic relationship (hubungan beracun) bertujuan untuk memberikan suatu keadilan kepada pihak korban. Kemudian dalam hal tersebut perlu diperhatikan kesesuaian pengenaan sanksi terhadap pelaku serta perlindungan saksi dan korban.
Co-Authors A. A. Rai Sita Laksmi A.A Made Andika Purnama Arta Agus Kurniawan Anak Agung Ayu Krisna Dewi Anak Agung Istri Agung Anak Agung Ngurah Bagus Krisna Pratama Aryabang Bang Frisyudha Faikotul Masruchah Gautam Kumar Jha I Dewa Gede Aditya Mahendra Putra I Gede Krisna Ginara I Gusti Agung Dhian Maharani Swari Dewi I Gusti Putu Ghosadhira Vedhastama I Kadek Galang Taksu Ananda I Ketut Alit Priana Nusantara I Ketut Kasta Arya Wijaya I Komang Wahyu Permana I Made Aditya Mantara Putra I Made Arjaya I Made Mardika I Made Minggu Widyantara I Made Suwitra I Made Widnyana Putra I Nyoman Budiartha I Nyoman Gede Sugiartha I Nyoman Putu Budiartha I Nyoman Putu Budiartha I Nyoman Sujana I Nyoman Sukandia I Nyoman Sumardika I Putu Gede Wiramahendra I Putu Gede Wiramahendra I Putu Surya I Putu Yoga Febrian Cahya I Wayan Arthanaya I Wayan Arthanaya I Wayan Pertama Yasa I Wayan Rideng I Wayan Sujana Ida Ayu Intan Surya Dewi Jessika Morisca Katu Johannes Ibrahim Kosasih Kadek Rizal Artawan Ketut Adi Wirawan Luh Made Mahendrawati Made Restu Hawiwie Ni Luh Made Mahendra Wati Ni Luh Wiweka Widyastuti Ni Made Ayu Pratiwi Ni Made Puspasutari Ujianti Ni Nyoman Santi Wulandari Ni Wayan SITIARI NM Jayasenastri Putu Ayu Sriasih Wesna Putu Bayu Satvika Putu Budiartha, I Nyoman Ratih Wedhasari Senastri, Ni Made Jaya Widiati, Ida Ayu Putu