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All Journal ADI Journal on Recent Innovation (AJRI) Aktual Justice Akses: Jurnal Penelitian dan Pengabdian Kepada Masyarakat Universitas Ngurah Rai
Ni Luh Putu Geney Sri Kusuma Dewi
Universitas Ngurah Rai
Religion Humanities Civil Engineering, Building, Construction & Architecture Computer Science & IT Economics, Econometrics & Finance Education Environmental Science Industrial & Manufacturing Engineering Law, Crime, Criminology & Criminal Justice

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Regulation of Copyright Certificate As A Material Guarantee and Bankrupt Estate/Beodel In Indonesia Ni Luh Putu Geney Sri Kusuma Dewi; Putu Eka Trisna Dewi; Ni Putu Riyani Kartika Sari
ADI Journal on Recent Innovation Vol. 2 No. 2 (2021): March
Publisher : ADI Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.34306/ajri.v2i2.76

Abstract

The existence of copyright as one type of intangible objects (intangible) in the development of the business and economic world is used as guarantee assets in banking and general confiscation of debtor assets declared bankrupt. The use of copyright then creates problems in its application both in terms of regulation and how to interpret the value of the copyright. This study uses a type of library research with the approach of legislation and legal comparison. The results of this study indicate that copyright can be used as an object of collateral in guaranteeing debtor debt through the imposition of fiduciary collateral but there are obstacles in realizing it both in terms of regulations and the approach used in interpreting its value. There is also a vagueness of norms related to copyright regulation as an object that can be used as a bankruptcy in the Bankruptcy and Debt Delay Obligation Act so that justice, benefit and legal certainty cannot be realized in settling debts through bankruptcy institutions.
KUDETA REDAKSIONAL DALAM PROSES LEGISLASI NASIONAL Ni Ketut Wiratny; Ni Luh Putu Geney Sri Kusuma Dewi
Jurnal Aktual Justice Vol 5 No 2 (2020): Aktual Justice
Publisher : Magister Hukum Pascasarjana Univeristas Ngurah Rai

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47329/aktualjustice.v5i2.551

Abstract

It is undeniable that there are problems in the legislative process in Indonesia, one of which is tampering with articles or editorial coups. In fact, this illegal practice can occur in three conditions. First, it occurs in the draft produced by a special committee or commission before it is brought to the plenary session of the DPR. The second occurred after the DPR plenary session. The third is the most difficult to control, if an editorial coup is carried out by the government before it is passed by the president, then it is promulgated in the State Gazette. At this stage, when the bill is in the hands of the government, the DPR finds it difficult to check. Given that this is the final stage, the possibility of a new editorial coup has been traced after it was implemented. As a product that is agreed upon in the highest forum (plenary session) and is the result of joint legislative-executive agreement, the slightest change made is haram. This research is a normative juridical research by conducting literature studies and analyzing secondary data. The results of this study indicate that if it is true that there is an editorial coup in the legislative process, the legal product has formal and material defects which can be canceled through the right to test exercised by the Constitutional Court.
URGENSI KARTU DANA OTONOMI KHUSUS BAGI ORANG ASLI PAPUA (TINJAUAN DESENTRALISASI ASIMETRIS DI INDONESIA) Ni Luh Putu Geney Sri Kusuma Dewi
Jurnal Aktual Justice Vol 6 No 1 (2021): Aktual Justice
Publisher : Magister Hukum Pascasarjana Univeristas Ngurah Rai

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47329/aktualjustice.v6i1.623

Abstract

Decentralization is one of the political choices in order to ensure the implementation of government affairs in the regions. History has noted that Indonesia has attempted (still) an ideal formula in the administration of local government, starting from the implementation of symmetrical or asymmetrical decentralization. This is not an easy matter considering the diversity that exists in each region, so a special method is needed to be able to fulfill the wishes of each region proportionally. The decentralization that Indonesia needs does not seem to be just ordinary decentralization, empirically Indonesia has actually implemented what is called asymmetric decentralization or decentralization that is not the same/not uniform for each region. The Papua region is an example of the implementation of asymmetric decentralization, but the problem is that the special labeling of the region reflects an asymmetrical framework, namely a serious effort designed to accommodate regional needs by considering all aspects based on regional needs. This means that in granting asymmetric decentralization to a region, it does not mean that it only fulfills sporadic needs based on bad experiences, namely the failure to carry out symmetrical decentralization as in other regions. Therefore, the author considers it important to analyze more deeply the special labeling for Papua has been given in accordance with the asymmetric decentralization framework or only meets sporadic demands to anticipate the issue of disintegration.
EKSISTENSI TEORI PEMBUKTIAN POSITIEF WETTELIJK BEWIJSTHEORIE DALAM PEMBUKTIAN PERKARA PERDATA Ni Putu Riyani Kartika Sari; Ni Luh Putu Geney Sri Kusuma Dewi
Jurnal AKSES Vol 12 No 2 (2020): Jurnal Akses
Publisher : Lembaga Penelitian dan Pengabdian kepada Masyarakat (LPPM) Universitas Ngurah Rai

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (698.076 KB) | DOI: 10.47329/jurnalakses.v12i2.695

Abstract

The procedure for examining civil cases, especially relating to the examination of a lawsuit in a court, consists of several stages after the lawsuit has been registered and both parties are appropriately called to attend the court session. The procedure started by: mediation in court based on the regulation on Perma No. 1 of 2016 about Mediation in the Court; if the mediation is unsuccessful, the case is continued untill judges provides the verdict to solve the case. Regarding the decision of a judge in a case especially in a civil case, the procedure of proof take a very important role in determining whether the claim will be rejected or granted. The parties who get burden of proof is charged to those who postulate or known as the principle of Actori incumbit probatio. If in the process of proving that the plaintiff has succeeded in proving the argument of the claim by being reinforced by evidence, the claim is granted, whereas if the arguments in the claim are not proven then the claim will be rejected. For this reason the process of proof is very important in the process of examining civil cases because basically in a civil case the Positief wettelijk bewijstheorie theory is where the judge is bound by evidence according to the law. So that this results in the judge making his decision bound to the evidence presented by the parties, if the evidence justifies or negates the arguments in the lawsuit, the judge drops the decision as a proven fact in the process of proof. The judge in making a decision according to the Positief Wettelijk Bewijstheorie does not require the judge's belief in making a decision
Co-Authors Ni Ketut Wiratny Ni Putu Riyani Kartika Sari Ni Putu Riyani Kartika Sari Putu Eka Trisna Dewi