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All Journal Jurnal Notariil KERTHA WICAKSANA Jurnal Hukum Prasada Jurnal Supremasi Jurnal Yustitia Journal Equity of Law and Governance Jurnal Interpretasi Hukum Jurnal Preferensi Hukum (JPH) Postgraduated Community Service Journal Al-Zayn: Jurnal Ilmu Sosial & Hukum
Senastri, Ni Made Jaya
Universitas Warmadewa
Religion Humanities Economics, Econometrics & Finance Education Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Social Sciences Other

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The Function of Legal Theory in the Establishment of Regional Regulation of Sustainable Spatial Based on Local Wisdom Made Wiryani; Ni Made Jaya Senastri
Journal Equity of Law and Governance Vol. 2 No. 1
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/elg.2.1.4691.58-68

Abstract

This study aims to analyze the function of legal theory in the regional regulation establishment. Applying a normative legal research method, a conceptual approach to reveal the problem of how the function of legal theory and sustainability principle and also local wisdom in the establishment of regional regulations on spatial planning. The collected legal materials were analyzed by means of the Theory of Legislation, namely the regulation has a legal, sociological, and philosophical basis of validity; The theory of the legal system, namely the characteristics of the law of validity, efficacy, and acceptance and the theory of ecological sustainability which bring together the development and the environment through principles which are contained in adaptive policies. The results of this study show that the function of legal theory in the establishment of a regional regulation is as a basis for formulating substance to comply with legal principles and the function of the principle of sustainability and local wisdom in spatial planning is to ensure protection of the use of space for human life in the present and in the future.
Perlindungan Hukum atas Desain Industri Berdasarkan Undang-Undang No 31 T Ahun 2000 Ida Ayu Mas lndriani; Ni Made Jaya Senastri; Ni Made Puspasutari Ujianti
Jurnal Interpretasi Hukum Vol. 2 No. 2 (2021): Jurnal Interpretasi Hukum
Publisher : Fakultas Hukum, Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/juinhum.2.2.3430.297-301

Abstract

Intellectual property rights including industrial designs. The idea of ​​industrial design safety is based on the belief that human imagination, taste and initiative are closely linked to industrial design. The state grants protection against new industrial designs. The definition of the rule of law used in the legal protection of industrial designs is based on Law No. 31 of 2000. One of the components in this case is the protection of human rights which is the guideline for the legal protection of industrial designs. There are two forms of industrial design legal protection, which include preventive legal protection and repressive legal protection. This study aims to examine the form of legal protection for industrial designs based on Law No. 31 of 2000 and analyze the legal implications if the design rights holder does not register their industrial designs. This research was designed using normative research with a conceptual approach. The data used are primary and secondary data obtained through documentation and recording. The results of the study indicate that preventive legal protection is contained in the Act which is used to prevent violations and a description of the implementation of obligations while repressive legal protection is security in the form of sanctions for violations that have been committed. In view of this and considering the existence of protection in the form of the industrial design law, the designer can prevent the occurrence of plagiarism of his industrial design by registering his industrial design.
Perlindungan Hukum Bagi Pelaku Usaha Online jika Terjadi Wanprestasi yang dilakukan oleh Pemberi Jasa Endorse I Putu Dipta Indrayana; I Nyoman Putu Budiartha; Ni Made Jaya Senastri
Jurnal Interpretasi Hukum Vol. 2 No. 2 (2021): Jurnal Interpretasi Hukum
Publisher : Fakultas Hukum, Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/juinhum.2.2.3454.435-439

Abstract

The internet and social media networks are also used as a means of economic development through business for the community. Business development is carried out by business actors by means of endorsements, where in the endorsement there is a Cooperation agreement between business actors and endorsement service providers. In this cooperation, there are often defaults made by endorse service providers. In this regard, two problem formulations can be formulated, namely: What is the form of protection for online business actors in the event of default by endorsement service providers and how the legal remedies for default settlement made by endorsement service providers against online business actors. The research method in writing is normative and empirical law research. With a statutory approach, a factual approach and a case approach. This research concludes that the form of protection for online business actors in the event of default by endorse service providers is carried out by preventive and repressive measures, the way to solve the problem is done by sending three subpoena or warning to the endorse service provider, and if the endorse service provider does not have in good faith, then the settlement can be done through litigation or court.
Perlindungan Hukum Terhadap Pengguna Jasa Telekomunikasi dalam Pelanggaran Data Pribadi Melalui sms Broadcast Aziz Muhaimin; Ni Made Jaya Senastri; Ni Made Sukaryati Karma
Jurnal Preferensi Hukum Vol. 2 No. 2 (2021): Jurnal Preferensi Hukum
Publisher : Warmadewa Press

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Abstract

11 the progress of the modern era today where the development of internet technology,SMS and social media becomethe main thing in every need of society in socializing and conductingpromotionsat an affordablecost andfast in reaching consumers,so that indirectlythe exchange ofpersonaldata informationthat is not known by service users who are often misused by irresponsiblepeople. Which in practiceis to use SMSBroadcast which is one method of sending messagesto many numbers from one source with the same message with one number to another consumer number. From the statement, there are 2 problems, namely How to set the law of telecommunicationservice users in the field of advertising and How to protectthe lawfor consumers with the existence ofpersonaldata breaches through SMS Broadcast.The method to be used is a method of normative legal research. The conclusion outlines that Article I of the Consumer Protection Law Serves as the legal basis for the protection of telecommunication service users, while in Article 26 of the /TE Law is used as the legal basis for the use of personal data, which in this case is SMS Broadcast
Perlindungan Hukum Terhadap Konsumen Melalui Sertifikasi Halal pada Produk Obat-obatan Berdasarkan Undang- Undang No 33 Tahun 2014 tentang Jaminan Produk Halal lsye Aprilia; Ni Luh Made Mahendrawati; Ni Made Jaya Senastri
Jurnal Preferensi Hukum Vol. 2 No. 2 (2021): Jurnal Preferensi Hukum
Publisher : Warmadewa Press

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Abstract

Medicines must have halal certification to ensure the halalness of the product. Article 4 of the Law on Halal Product Guarantee, stipulates that all products circulating in Indonesia must be certified halal. In fact, many medicinal products are already circulating in the community but do not yet have a halal certificate. So this raises legal problems related to consumer protection. The purpose of this research is to reveal the authority of related institutions in halal certification of medicinal products circulating in Indonesia as well as legal protection for consumers if a medicinal product that has been disseminated has a halal label even though it does not have a halal label. This study uses a normative legal research method with a conceptual approach and legislation. The source of legal material in this study is the primary and secondary legal materials. The technique of collecting legal materials by analyzing and quoting applicable laws from books, literature, and other sources. The results showed that with the establishment of the Halal Product Guarantee Organizer, the halal regulation of drugs circulating in Indonesia is subject to the Halal Product Guarantee Law No. 33 of 2014 which regulates that certification and labeling of halal products is mandatory. If business actors violate their obligations under these regulations, they will be subject to administrative sanctions in the form of written warnings, administrative fines, and suspension of halal certification.
Perlindungan Hukum Terhadap Penerima Hak dalam Perjanjian Waralaba di Indonesia I Made Dwi Wahyu Kartika; Ni Made Jaya Senastri; Ni Gusti ketut Sri Astiti
Jurnal Preferensi Hukum Vol. 2 No. 3 (2021): Jurnal Preferensi Hukum
Publisher : Warmadewa Press

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Abstract

Franchising is a marketing concept in order to expand the business to support the economy, in this case there are often problems related to the agreement that has been set. Therefore, a legal protection is needed for the recipient of the right. The purpose of this study is to reveal the choice of agreement in the implementation of franchise agreements in Indonesia and the form of legal protection for franchisees in Indonesia. The research method in this study is normative research focusing on the behavior of the legal community and through legal science book references. Sources of data used are primary data by examining regulations related to franchises and secondary data by examining literature, books, papers and journals. Data collection techniques by classifying primary legal materials with secondary legal materials as a support. Analysis of Legal Materials obtained by qualitative analysis. The results of the study reveal that the franchise business in Indonesia has been regulated in the provisions of PP No. 42 of 2007 concerning franchising, for the legal requirements for the establishment of a franchise business, it must meet the provisions in Article 1320 of the Civil Code, and the form of legal protection for franchisees is contained in Article 7 of the Regulation of the Minister of Trade Number 12/ MDAG/Per/3/2006 so the franchisor cannot terminate the agreement at any time or at any time.
Sistem Perlindungan Konsumen Melalui Pengawasan Kualitas dan Keamanan Produk Pangan Anak Agung Gde Agung Brama Pramudya; Ni Made Jaya Senastri; Ni Made Puspasutari Ujianti
Jurnal Preferensi Hukum Vol. 6 No. 2 (2025): Jurnal Preferensi Hukum
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/jph.6.2.2025.147-152

Abstract

In the era of globalization and increasing market complexity, consumer protection is a crucial issue, especially regarding food products that have the potential to endanger health. Based on this, how is the legal regulation of consumer protection from food products that have safety risks and how is the legal protection system for food products consumed by the public through BPOM supervision. This research uses normative legal research. The results show that although there are various regulations governing consumer protection, implementation in the field still faces challenges, such as lack of consumer awareness and non-optimal supervision from the authorities. This research emphasizes the need for increased collaboration between the government, business actors and the community to create a more effective supervisory system. Thus, consumers can feel safer and more protected in their transactions, as well as obtain quality food products that are safe for consumption.
Pemberdayaan Dewan Dalam Mewujudkan Pemerintahan Daerah Yang Baik: Prinsip Akuntabilitas dan Transparansi Ketut Kasta Arya Wijaya; Ni Made Jaya Senastri
Postgraduated Community Service Journal Vol. 1 No. 2 (2020)
Publisher : Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/pcsj.1.2.2020.71-74

Abstract

Tulisan ini mengkaji penyelenggaraan Pemerintahan Daerah baik Provinsi maupun Kabupaten/Kota, dalam penyelenggaraannya Pemerintah Daerah yang terdiri dari Kepala Daerah dan Dewan Perwakilan Rakyat Daerah dan dibantu Perangkat Daerah lainnya wajib memperhatikan asas-asas Pemerintahan yang baik terutama dalam tulisan ini lebih menekankan pada asas akuntabilitas dan Transparansi. Fungsi lembaga DPRD di Pemerintah Kabupaten Karangasem yang dimiliki seperti fungsi legislasi, anggaran dan pengawasan di lain dipihak DPRD dalam kedudukannya di pemerintahan daerah adalah bagian dari pemerintah selain kepala daerah dan perangkat daerah lainnya, maka ada konflik kepentingan di sini, hal ini dikarenakan DPRD ada dalam struktur di Pemerintahan daerah. Sehingga dalam fungsi pengawasan DPRD menjadi tidak optimal dan tegas karena DPRD bagian dari Struktur pemerintahan.
Pengendalian Sampah Di Tukad Mati Melalui Pengelolaan Sampah Dari Hulunya Menuju Desa Wisata I Gusti Bagus Suryawan; I Made Jaya Senastri; I Nyoman Sutama
Postgraduated Community Service Journal Vol. 2 No. 2 (2021)
Publisher : Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/pcsj.2.2.2021.48-53

Abstract

Philosophically, the river is the source of life, is the lifeblood of the earth, therefore the water flowing in the river must be kept pure and clean. The Tukad Mati River stretches from north to south in the middle of the village of Padangsambian Kaja, so that its position is squeezed between settlements and residents' housing, therefore the cleanliness of the water in Tukad Mati is strongly influenced by waste management from residential and residential areas. To help realize and maintain the cleanliness of the dead body, the team, with the permission of the Community Service Institute, UNWAR collaborated with partners (Padangsambian Kaja Village) through a community partnership program with outreach activities and location planning to build public awareness that rivers are not a dumping ground for all kinds of waste, for that it is necessary carried out: sorting waste from households to reduce waste to rivers, forming a community that cares about rivers and waste banks, doing mutual cooperation on a regular basis, carrying out supervision by related parties so that the rules run effectively, structuring the dead river so that it can be used as a tourist spot and fishing place.
Pelayanan Publik Berbasis Teknologi Informasi di Kelurahan Semarapura Kaja Anak Agung Ayu Dewi Larantika; Ni Made Jaya Senastri; I Made Suniastha Amerta; A. A. Istri Pradnyarani Dewi
Postgraduated Community Service Journal Vol. 2 No. 2 (2021)
Publisher : Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/pcsj.2.2.2021.54-57

Abstract

Advances in technology provide convenience in the implementation of public services in the global era. Ease in public services, among others, by providing facilities that facilitate the process of public service itself, such as the management of various certificates related to the needs of the community in Semarapura Kaja Village. The problem is that there is no system at the kelurahan level that makes it easier for the community to administer a residence certificate. The method of activity in this case is making application for certificate management and socialization as well as assisting the use of applications in managing population certificates in the village. The output of this activity is an application for managing a residence certificate and optimal use of information technology by the people of Semarapura Kaja Village as a form of implementing public services.
Co-Authors A. A. Istri Pradnyarani Dewi A. A. Rai Sita Laksmi A.A. Ayu Dewi Larantika Abd. Majid Agus Kurniawan Anak Agung Dalem Ariyudha Anak Agung Gde Agung Brama Pramudya Arisya Septyani Virgin Aziz Muhaimin Cesaltina Angela Soares Henny Yuningsih I B GD Agustya Mahaputra I Dewa Gede Astika Praja Negara I Gusti Agung Dhian Maharani Swari Dewi I Gusti Agung Yoga Bhaskara Susila I Made Budiana I Made Dwi Wahyu Kartika I Made Mardika I Made Suniastha Amerta I Made Suwitra I Nyoman Sutama I Putu Dipta Indrayana I Putu Yudi Prabhadika Ida Ayu Mas lndriani Karma, Ni Made Sukaryati lsye Aprilia Luh Made Mahendrawati Made Wiryani Mohammad Fadli Nengah Renaya Ni Gusti Ketut Sri Astiti Ni Komang Arini Styawati Ni Made Puspasutari Ujianti Putu Bayu Satvika Putu Budiartha, I Nyoman Putu Suryani . Simon Nahak Sri Wahyu Kridasakti Suryani, Luh Putu suryawan, Gusti Bagus Yasa, Putu Ngurah Suyatna Yohanis Hina Takanjanji