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All Journal Sociological Jurisprudence Journal Jurnal Hukum Prasada Jurnal Konstruksi Hukum Jurnal Interpretasi Hukum Jurnal Preferensi Hukum (JPH) Postgraduated Community Service Journal

Ni Komang Arini Styawati

Fakultas Hukum, Universitas Warmadewa, Denpasar-Bali, Indonesia

Author-ID : 3409818

Law, Crime, Criminology & Criminal Justice Social Sciences Other

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Perlindungan Hukum terhadap Ketentuan Me-Review Produk dimedia Sosial I Wayan Pertama Yasa; Ni Komang Arini Styawati Styawati; Ni Made Puspasutari Ujianti
Jurnal Interpretasi Hukum Vol. 3 No. 1 (2022): Jurnal Interpretasi Hukum
Publisher : Warmadewa Press

The era of the digital economy in Indonesia has made buying and selling transactions easier and faster to do. By using social media, consumers can channel their opinions, criticisms and suggestions on the goods/services they consume to business actors in various forms. One of them is in the form of a review (review) of goods/services products that are poured through photos and videos. However, this activity reaped pros and cons in the community, because it is considered that this activity actually tarnishes the good name. This study aims to examine the form of legal protection against the provisions for reviewing products on social media. The sources of legal materials used in this paper are the first sources of primary legal materials that have binding power, the second sources of secondary legal materials which are legal materials derived from the results of literature studies by reading books, legal journals, and articles in accordance with the issue at hand. Data were analyzed by qualitative method. This study uses a normative type of research by using a deductive reasoning approach. Legal protection for the provisions for reviewing products on social media is stated in Law Number 12 of 2005 Article 23 paragraph (2) concerning Human Rights, Article 44 paragraph (3) of the UUPK, and criminal sanctions for perpetrators are stipulated in the UUPK which can be sentenced to punishment. imprisonment and fines.

Tinjauan Yuridis terhadap Transaksi Jual Beli Tanah Melalui Internet Banking Made Restu Hawiwie; I Nyoman Putu Budiartha; Ni Komang Arini Styawati
Jurnal Preferensi Hukum Vol. 2 No. 2 (2021): Jurnal Preferensi Hukum
Publisher : Warmadewa Press

The development of information. technology today makes internet banking an alternative in land buying and selling transactions. With the emergence of this technology it makes it easy for land buying and selling transactions and increases cost and time efficiency. The researcher figures out the problem in this research first, how to arrange land buying and selling transactions through internet banking and second, how proof of payment via internet banking becomes a guideline for the preparation of land buying and selling. The research method used is a normative legal research method with a statutory study approach. The source of primary legal materials is the applicable laws and regulations and secondary legal materials namely literature. From the research results, it can be concluded that the arrangement of land safe and purchase transact ions through internet banking is regulated in Article 1320 and Article /457 KUHP, Article 19 VU /TE, and Article 19 paragraphs (1) and (2) UUPA, as well as PP Number 24 of 1997. Proof of payment via internet banking as the basis for drawing up a land safe and purchase deed is regulated in Article 5 paragraph (1) UV/TE.

Kriminalisasi Terhadap Kejahatan Carding Sebagai Bentuk Cyber Crime dalam Hukum Pidana Indonesia I Gede Krisna Ginara; I Made Minggu Widyantara; Ni Komang Arini Styawati
Jurnal Preferensi Hukum Vol. 3 No. 1 (2022): Jurnal Preferensi Hukum
Publisher : Warmadewa Press

Criminalization is an action that was not initially considered a criminal event, then classified as a criminal event for the community. In the era of globalization as now, there are so many cyber crimes that have arisen in Indonesia, cyber crime is an illegal act committed by criminals by utilizing technology and computer network information systems. One thing that happened in Indonesia and is relatively common in society is the crime of carding in the form of evil deeds in using internet technology as a tool in illegally opening a system on a website to obtain credit card information owned by customers. The purposes of this study are to reveal the criminalization of carding crimes in Indonesian criminal law and efforts to overcome carding crimes. This type of research uses a normative legal research type with a statutory and conceptual approach. The data collection technique was carried out using library techniques. The sources of law used are primary, secondary, and tertiary laws. After the data was collected, it was then analyzed qualitatively and presented in a descriptive form. The results of the study reveal that the crime of carding is regulated in Law number 19 of 2016 concerning Amendments to Law number 11 of 2008 concerning Information and Electronic Transactions, and is also formulated in Articles 362, 363 and 378 of the Criminal Code, namely regarding theft and fraud. As for the legal efforts that can be done to prevent carding crimes, they can use repressive and preventive measures.

Perlindungan Hukum terhadap Pekerja Perempuan di Anantara Uluwatu Bali Resort Ida Ayu Intan Surya Dewi; Ni Komang Arini Styawati; I Wayan Arthanaya
Jurnal Preferensi Hukum Vol. 3 No. 2 (2022): Jurnal Preferensi Hukum
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55637/jph.3.2.4945.364-369

Development is very dependent on workers because workers/workers have a very important role as actors and the purpose of the development of legal protection, in this case, becomes essential to protect the rights of workers. The Covid-19 pandemic adds to the burden carried by female workers because of the change in the work system to work from home. Despite working, female workers are also burdened by household chores. In addition, other contributing factors that make women workers more vulnerable to layoffs are because women are considered physically and mentally weak, violence and discrimination. The purpose of this research is to describe the implementation of the regulations for women workers at the Anantara Uluwatu Bali Resort Hotel and to discuss the obstacles to the legal protection of women workers at the Anantara Uluwatu Bali Resort. The research method used is empirical legal research. Sources of legal material for empirical research usually come from interviews and observations which are the main sources of material, while sources of supporting materials are books and legal journals. The data collection technique was carried out through observation, accompanied by notes on the condition or behavior of the target object using documentation research techniques, and interview techniques. female workers who are pregnant until delivery, and rest periods. The rights and obligations of women workers at the Anantara Hotel Uluwatu Bali Resort are running well.

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

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.

Pengembangan Wisata Spiritual di Desa Pekraman Gelgel Klungkung I Made Mardika; Agus Kurniawan; Ni Komang Arini Styawati
Postgraduated Community Service Journal Vol. 2 No. 2 (2021)
Publisher : Universitas Warmadewa

Partners and target audiences of PPDM Spiritual Tourism Development in Pekraman Gelgel Village, Klungkung are the Bendesa Adat and community groups 'krama' Pekraman Gelgel Village. Pekraman Gelgel Village was chosen as the target of service because it has the potential to be developed into a model for a spiritual tourism village, received support from the Klungkung Regency government, and submitted an application to be a village under the Postgraduate Program of Warmadewa University. The aim of PPDM is to empower the community in preparing, designing and developing various potentials of their cultural heritage in order to realize Gelgel Pekraman Village as a Spiritual tourism. PPDM is designed for 3 years, the first year program is the preparation of a master plan, online spiritual tourism information, and collaborative tourism management regulatory policies. The solutions offered to overcome these problems are: (1) Assistance in the preparation of infrastructure development plans (masterplan) related to the temple cultural heritage in Pekraman Gelgel Village as a Spiritual DTW, (2) Assistance in preparing information on temple cultural heritage which is packaged into content. tourist information on the website, (3) Assistance in the formulation of policies and rules that integrate the management of temple cultural heritage in Pekraman Gelgel Village as a collaborative Spiritual Tourism. The outputs produced are articles in national journals with ISSN, activity videos, publications in print/online media, increased competitiveness, increased application of science and technology, and improved values in society.

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

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.

Peningkatan Pengetahuan dan Kesadaran Hukum Hak Waris Anak Dalam Perkawinan Negen Dadua di Kelurahan Semarapura Kaja, Klungkung Putu Ayu Sriasih Wesna; I Nyoman Sujana; Komang Arini Styawati; I Nyoman Sukandia; Anak Agung Istri Agung
Postgraduated Community Service Journal Vol. 3 No. 1 (2022)
Publisher : Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/pcsj.3.1.2022.14-25

The Balinese indigenous people adopt the patrilineal family system, or paternity, or better known in the Balinese indigenous people as kepurusa or purusa. In accordance with the general principles adopted in the patrilineal family system, at least three basic principles are adopted in the purusa family system, among others the lineage traced from the line of man or father, in a woman's marriage is released from her legal relationship with her original family, as a result of marriage is the formation of a core family that ideally consists of father, mother and child. Whereas if a boy from a family that has only one son, will have a marriage with a daughter who comes from a family that has only one daughter, then there will be a debate between the family about the form which marriage to choose. If you choose the usual form of marriage, then the woman's family will definitely object, because the family will later become divorced. Similarly, on the contrary, if you choose the form of nyeburin marriage, then the family of the male party will object because it will also cause a state of hereditary rupture, or so-called ceput or putung. Therefore, women and men who are the only children in the family can have alternative marriages outside of the two forms of marriage above. The marriage is a double state marriage or in this case the husband does not enter the wife's family, and the wife will not enter the husband's family. Of course, it will bring different legal consequences from ordinary marriage or marriage to the marriage property, the position of the child, and his inheritance.In order to avoid a putung condition, a legal breakthrough is needed other than the usual form of marriage and the intermarriage, namely the negen dadua form of marriage. In Semarapura Kaja Village, there are several cases like this. For this reason, assistance is carried out in the context of increasing awareness and knowledge of the law of the inheritance rights of children in negen dadua marriage.

Perlindungan Hukum dan Peningkatan Kualitas Pekerja Tenun Kain Endek/Songket di Desa Gelgel Kabupaten Klungkung Ni Komang Arini Styawati; I Made Mardika; Ida Ayu Putu Widiati
Postgraduated Community Service Journal Vol. 3 No. 1 (2022)
Publisher : Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/pcsj.3.1.2022.26-34

Gelgel Village is one of the villages in the Klungkung District, Klungkung Regency, Bali Province. Gelgel village is famous for the production of Balinese woven fabrics, namely songket and endek. Songket/endek cloth is one of the characteristics of Balinese cultural products. In the past, Balinese endek/songket fabrics were very famous, not only in demand by domestic tourists, but also in demand by foreign tourists. However, in its development endek fabric has decreased, this can be seen from the decreasing production of songket/endek woven fabrics, as a result of competition with similar fabrics produced by factories that enter the market. The obstacle faced by Partners is the competition for endek/songket woven fabrics at lower prices. Partners also experience problems in the production process of songket/endek fabrics, which are constrained by the limited number of workers as pattern/design makers. The development of songket/endek fabric production has also experienced a very drastic decline with the Covid-19 pandemic, this has an impact on the production of songket/endek woven fabrics and also has an impact on the fate of weaving workers in Gelgel Village, Klungkung Regency. Therefore. This PKM seeks to empower weaver groups, namely in the form of legal protection and increasing the production of songket/endek fabrics in Gelgel Village, Klungkung.

Pengelolaan Wisata Religi Berbasis Kearifan Lokal: Peluang dan Tantangan Dari Perspektif Hukum Ketut Kasta Arya Wijaya; Ni Komang Arini Styawati; I Wayan Rideng
Postgraduated Community Service Journal Vol. 3 No. 2 (2022)
Publisher : Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/pcsj.3.2.2022.86-91

The development of religious tourism in Ped Village has promising prospects. From a legal perspective, the management of religious tourism has its own opportunities and challenges. Therefore, a study of legal aspects is needed so that they are able to seize opportunities from the development of religious tourism and avoid the negative impacts that arise. This PKM seeks to provide an understanding of legal aspects that need to be considered in the development of religious tourism in Ped Village. The method applied is through legal counseling and assistance in preparing the required regulations. The results of the implementation show that religious tourism in Ped Village has the opportunity to be developed, considering that Balinese people are generally very enthusiastic about carrying out religious activities to come to holy places (temples). Religious tourism is developed based on Balinese culture which breathes Hinduism, is magical/sacred and is combined with natural beauty. The challenge faced is the absence of complete and comprehensive regulations in regulating religious tourism. There is no legal instrument that can provide protection for religious tourism objects, so that there is no pollution and damage or harassment of religious tourism objects. It is important to have regulations drafted in the management of religious tourism in Ped Villages that involve stakeholders

Co-Authors A.A Made Andika Purnama Arta Agus Kurniawan Anak Agung Istri Agung Anak Agung Rai Sita Laksmi Aryabang Bang Frisyudha 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 Made Mardika I Made Minggu Widyantara I Made Widnyana Putra I Nyoman Budiartha I Nyoman Sujana I Nyoman Sukandia I Nyoman Sumardika 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 Ida Ayu Intan Surya Dewi Ida Ayu Putu Widiati Kadek Rizal Artawan Ketut Adi Wirawan Made Restu Hawiwie Ni Luh Made Mahendra Wati Ni Luh Wiweka Widyastuti Ni Made Ayu Pratiwi Ni Made Jaya Senastri Ni Made Puspasutari Ujianti Ni Wayan Sitiari Putu Ayu Sriasih Wesna Putu Budiartha, I Nyoman

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