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Journal : Aktual Justice

PERLINDUNGAN HUKUM TERHADAP PEMENANG LELANG SEBAGAI PEMBELI BERITIKAD BAIK YANG DIGUGAT KEMBALI Putu Eka Trisna Dewi
Jurnal Aktual Justice Vol 5 No 1 (2020): Aktual Justice
Publisher : Magister Hukum Pascasarjana Univeristas Ngurah Rai

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47329/aktualjustice.v5i1.498

Abstract

When the bank debtors did not make the payment, the bank as the holder of the mortgage is bound in the credit agreement by obtaining fulfillment of the debtor's credit through an auction process as mandated by law. Problems will arise if the auction winner cannot own or control what he has won because the debtor uses the auction process on the collateral. Then the winner of the auction is a buyer with ‘good faith’ who must be protected by law, and legal protection for the buyer with ‘good faith’ as stated in article 584 of the Civil Code of ‘good faith’ exists if the property rights are obtained through one of the means to obtain property rights, where from that article It is known that some of the transfer of existing property rights cannot be separated from the existence of the agreement law in the Civil Code. Legal remedies that can be taken by the injured parties during the auction execution by the court if there is a rebuttal due to the lawsuit made by the original owner which is later won by the court's decision of the original owner, then the auction holder can submit legal remedies to the high court to resolve the problem by way of an appeal to the Supreme Court. This is because selling through an auction is a civil selling effort and legal remedies that can be taken within the scope of civil law.
PENGAWASAN TERHADAP KEPATUHAN PEMBAYARAN PAJAK DAERAH YANG DIPUNGUT MELALUI SISTEM SELF-ASESSMENT Rai Mantili; Putu Eka Trisna Dewi
Jurnal Aktual Justice Vol 4 No 2 (2019): Aktual Justice
Publisher : Magister Hukum Pascasarjana Univeristas Ngurah Rai

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47329/aktualjustice.v4i2.542

Abstract

Local tax collection in Indonesia is carried out using the Official Assessment system and the Self-Assessment system. In the Self-Assessment system, all tax obligations are fulfilled by the taxpayer, Fiskus only supervises through audit procedures. The implementation of tax collection with this system really requires taxpayer compliance so that it is necessary to monitor the taxpayer's compliance. This raises problems regarding how to monitor compliance with the payment of local taxes collected through the self-assessment system. This paper uses a normative research method with a statutory approach and a legal conceptual approach. This paper concludes that the supervision of taxpayer compliance in paying taxes with a self-assessment system is carried out by examining taxpayers. The authority of the regional head to conduct audits and the obligation of taxpayers to cooperate in undergoing the examination is regulated in Article 170 of the Regional Tax and Retribution Act. The results of the tax audit are recorded in the audit report. Enforcement of regional tax law against taxpayers who do not comply begins with submitting a warning letter, if the warning letter is not heeded, it will be subject to administrative sanctions and criminal sanctions.
PRINSIP KEHATI-HATIAN DALAM PENYELENGGARAAN SISTEM ELEKTRONIK DALAM UPAYA PERLINDUNGAN DATA PRIBADI DI INDONESIA Rai Mantili; Putu Eka Trisna 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.v5i2.549

Abstract

One of the aspects that must be of concern in electronic transaction activities is the aspect of personal data protection so that the personal data of service users is maintained. One of the principles that must be observed by Electronic System Operators in protecting personal data is the principle of prudence. This paper will examine the principles of prudence in the operation of electronic systems in efforts to protect personal data in Indonesia by using normative research methods. In general, it can be seen that the precautionary principle is not explicitly regulated in the formulation of laws and regulations related to Electronic Information and Transactions or Personal Data Protection, but the provisions of the articles therein contain provisions regarding the principle of prudence. The application of the precautionary principle is carried out with the active efforts of electronic system administrators as the party that manages the personal data of service users to ensure data confidentiality and the security of their electronic systems with all efforts to prevent the system from being compromised by third parties. The legal consequence is that if there is a leak of personal data, the electronic system operator is obliged to be responsible civilian by paying compensation on the basis of a lawsuit by the owner of the personal data who has experienced data leakage and / or material or immaterial loss
URGENSI KEBIJAKAN PENANAMAN MODAL NON FISKAL TERKAIT FASILITAS PELAYANAN TERPADU SATU PINTU (PTSP) DI BIDANG KEIMIGRASIAN DI INDONESIA Ni Ketut Wiratny; Putu Eka Trisna Dewi
Jurnal Aktual Justice Vol 3 No 1 (2018): Aktual Justice
Publisher : Magister Hukum Pascasarjana Univeristas Ngurah Rai

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47329/aktualjustice.v3i1.557

Abstract

Investment is any form of investment activities, either by domestic investors or foreign investors to do business in the territory of the Republic of Indonesia. In principle, investment is done without discrimination. The Government provides non-licensing services for investment, namely all forms of ease of fiscal services, and non-fiscal services as well as information on investment, in accordance with the provisions of legislation. Special non-fiscal services the government has issued a policy conducive to the acceleration of services. The policy is One Stop Integrated Service. This policy aims to assist investors in obtaining ease of services, fiscal facilities, and information on investment. One form of One Stop Integrated Service policy is the immigration facilities provided to foreign investors investing in Indonesia. It is expected that with this policy investment in Indonesia will increase and have a positive impact on the life of local people.
Pembagian Harta Bersama Pasca Perceraian Terhadap Kontribusi Isteri Sebagai Pencari Nafkah (Studi Komparasi di Australia, Malaysia dan Jepang) Wiwin Sutini; Putu Eka Trisna Dewi
Jurnal Aktual Justice Vol 6 No 2 (2021): Aktual Justice
Publisher : Magister Hukum Pascasarjana Univeristas Ngurah Rai

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47329/aktualjustice.v6i2.768

Abstract

Conjugal Property (Matrimonial Property) is a property that gained during the marriage beyond gift or inheritance, or in other words is a property and income generated by both spouse during the marriage. In accordance with the Indonesian 1974 Marriage Law, the rules for conjugal property disseverance is ½ regardless of who has a greater contribution in obtaining it. But gradualluy, it didn’t fulfill the sense of justice for a wife who has a dual role, provide the household necessities and manage the household affairs the best she can. The research method used in this research is a normative research type by using a literature study and using a comparative study approach. So, the judges in Indonesia have consider the contribution of husband and wife in obtaining conjugal property before make a verdict (a decision made after a lot of considering). The proportional contribution in conjugal property based on each role can be considered as a form of fulfilling the principle of justice for a wife who plays a dual role. Hopefully in the future, the proportional of conjugal property not only stagnate in ½, but can be distributed in 1/3: 2/3, 1/4, 3/4, etc