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All Journal Jurnal Interpretasi Hukum Jurnal Preferensi Hukum (JPH)
I Wayan Arthanaya
Fakultas Hukum Universitas Warmadewa
Law, Crime, Criminology & Criminal Justice

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Fungsi Badan Usaha Milik Desa (BUMDES) Sari Amertha Sudha Sidakarya dalam Meningkatkan Kesejahteraan Masyarakat Desa Putu Gede Putra Dharma Yasa; Ida Ayu Putu Widiati; I Wayan Arthanaya
Jurnal Interpretasi Hukum Vol. 2 No. 1 (2021): Jurnal Interpretasi Hukum
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (219.674 KB) | DOI: 10.22225/juinhum.2.1.3103.115-120

Abstract

Bumdes is a new approach that aims to improve the welfare of the village community in exploring the potential that the village has. Bumdes is managed by the village and assisted by the village community. The problems that exist in this research; how is the management of bumdes based on Law no. 6 of 2014 concerning Villages, how is the effectiveness of Sari Amertha Sudha Sidakarya in improving community welfare. This research is an empirical research with a social approach. The management of BUMDes must be carried out using the principles of cooperation, involvement, emancipation, not being covered up, calculated and sustainable. In implementing BUMDes management, there are three things that must be considered, namely strengthening the management capacity of BUMDes, BUMDes financial reporting and administration, and developing business units. Therefore, the direction of BUMDes development policy focuses on efforts to facilitate human resource development, strengthening institutions, increasing access to capital, and advocating for policies formulated based on priority scales. The effectiveness of bumdes Sari Amertha Sudha in an effort to improve the welfare of the village community through economic development. The form of community participation to participate in the development of BUMDes is to participate in planning, participate in efforts to manage bumdes and participate in monitoring and evaluating bumdes Sari Amertha Sudha Sidakarya.
Hak Waris Anak yang Dilahirkan melalui Perjanjian Surogasi Putu Nita Yulistian; I Nyoman Putu Budiartha; I Wayan Arthanaya
Jurnal Interpretasi Hukum Vol. 2 No. 1 (2021): Jurnal Interpretasi Hukum
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (212.575 KB) | DOI: 10.22225/juinhum.2.1.3104.200-206

Abstract

The development of technology in the medical world has led to surrogation methods as an alternative for married couples who cannot have children due to medical indications. Surrogation is an agreement between a woman and the husband and wife to become pregnant by donating the embryo of the husband and wife into the woman's womb and the child born is handed over to the husband and wife who make this agreement. This raises legal issues, namely how the existence of a surrogation agreement according to the health law and the Civil Code and how the inheritance rights of children born as a result of the surrogation agreement. This study uses normative research with a statutory and conceptual approach using primary, secondary and tertiary legal materials. The results of this study indicate that the existence of a surrogation agreement does not exist specifically, but based on the logic of argumentum a contrario, article 127 paragraph (1) letter a of the Health Law, article 40 paragraph (2) and article 43 paragraph (3) letter b Government regulations concerning reproductive health prohibits the practice of surrogation in Indonesia and the surrogation agreement is declared invalid according to article 1320 of the Civil Code because it does not meet the objective requirements. If the child is born, according to the Marriage Law, the child has the right to inherit to the surrogate woman's legal husband or to the surrogate woman and her family. However, if the child is adopted by the biological parent, the civil relationship between the child and the biological parent will be cut off and the right to inherit from the adoptive parent, in this case the biological parent of the child.
Implementasi Peraturan Daerah Kabupaten Klungkung Nomor 2 Tahun 2018 tentang Retribusi Pelayanan Pasar Gede Dwiki Cahyadi; Anak Agung Sagung Laksmi Dewi; 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.3.2.4959.437-442

Abstract

The traders who sell in the Public Market owned by the Klungkung Regency Government have an obligation to pay a market levy. The Regional Government together with the Klungkung Regency Cooperatives and UMKM Service are institutions in charge of retribution in accordance with statutory regulations. The purpose of this study is to discuss the implementation of the Klungkung Regency Regional Regulation No. 2 of 2018 on Levy Taxes and to examine the legal consequences of the Klungkung Regency Regional Regulation No. 2 of 2018 concerning Market Service Fees, Especially in the Semarapura Market. This study uses an empirical method using a sociological approach, a conceptual approach, and a factual approach. Market levies have an influence on local revenue (PAD) as a significant source of revenue for routine and development financing in an autonomous region. The continuation of the Covid-19 pandemic, namely realizing the abolition of fines if the market retribution arrears are more than two months and only required to pay the principal, referring to the policies issued by the cooperative and MSME services as government institutions that take shelter in managing user charges. Public markets in Klungkung Regency that are required to pay a levy are Semarapura Public Market, Galiran Public Market, Kusumba Public Market, Mentigi Public Market, and Senggol Public Market.
Co-Authors Anak Agung Sagung Laksmi Dewi Gede Dwiki Cahyadi Ida Ayu Putu Widiati Putu Budiartha, I Nyoman Putu Gede Putra Dharma Yasa Putu Nita Yulistian