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<![CDATA[Cacat Kehendak Sebagai Dasar Batalnya Perjanjian ]]>
<![CDATA[I Ketut Widia]]>;
<![CDATA[I Nyoman Putu Budiartha]]>
<![CDATA[ Kertha Wicaksana Vol 16 No 1 (2022) ]]>
Publisher : <![CDATA[Fakultas Hukum, Universitas Warmadewa ]]>
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DOI: 10.22225/kw.16.1.2022.1-6
<![CDATA[Disputes or conflicts are social phenomena that cannot be avoided at all. No society or individual is spared and can be freed from the phenomenon of conflict. Conflict is inevitable. About the causes of the dispute very much. There are disputes that start from problems of love, jealousy, third persons, children, to high-escalation disputes involving many people and society. So far, civil lawsuits have only been based on acts against the law and breaking promises or defaults. This study intends to answer problems related to the cancellation of the agreement based on a cacat kehendak. The problem in question is, can the Cacat Kehendak based on the provisions of Article 1321 of the Civil Code be used as the basis for canceling the sale and purchase of land between Warinah and Nurkhofifah at the Banyuwangi District Court. The second problem is, what are the legal consequences of the cancellation of the sale and purchase of land on the basis of a cacat kehendak between Warinah and Nurkhofifah at the Banyuwangi District Court. This research method is a type of normative legal research. The theory used as a knife for problem analysis is the theory of conflict resolution and the theory of the law of the welfare state. The conclusion of this study is, the sale and purchase transaction agreement based on a cacat kehendak was canceled by the Banyuwangi District Court Judge with Decision Number: 198/Pdt.G/2016/PN.Byw. The legal consequence of the cancellation of the sale and purchase agreement is Warinah as the legal owner of the disputed land again as the owner of the land in question.]]>
<![CDATA[Persekutuan Komanditer yang dibubarkan Dalam Kaitannya Dengan Kegiatan Perbankan ]]>
<![CDATA[Prima Maria Fatima Bana]]>;
<![CDATA[I Nyoman Putu Budiartha]]>;
<![CDATA[Ni Made Puspasutari Ujianti]]>
<![CDATA[ Jurnal Analogi Hukum Vol. 3 No. 3 (2021): Jurnal Analogi Hukum ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Warmadewa ]]>
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DOI: 10.22225/ah.3.3.2021.266-271
<![CDATA[The development of business in the community requires the entity of a business entity to ensure legal certainty in doing business. One entity that is always in demand by the public is a limited partnership or commanditaire vennootschap (CV). Limited partnership is a business entity that requires a bank financial institution to conduct transactions in the financial sector. In a limited partnership, two actions will be taken, namely the freezing of the limited partnership or the dissolution of the limited partnership if it does not achieve the goals and objectives or does not achieve profits. In the description above, there isalso the formulation of the problem (1) How is the arrangement of limited partnership dissolved in relation to banking activities? (2) What are the legal consequences of the disbanded limited partnership on banking activities in relation to third parties? This research uses normative research methods based on expert opinion, literature and legislation. The author has analyzed a court decision where the limited partnership which has been dissolved but still has problems with the banking sector that must be resolved and the case contains elements of ne bis in idem so that the court's decision does not accept the lawsuit.]]>
<![CDATA[Pencantuman Klausul Arbitrase dalam Pengikatan Jual Beli Tanah ]]>
<![CDATA[Anak Agung Bagus Ryan Ganandhika]]>;
<![CDATA[I Nyoman Putu Budiartha]]>;
<![CDATA[Ni Made Puspasutari Ujianti]]>
<![CDATA[ Jurnal Analogi Hukum Vol. 4 No. 1 (2022): Jurnal Analogi Hukum ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Warmadewa ]]>
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DOI: 10.22225/ah.4.1.2022.109-113
<![CDATA[Arbitration is the settlement of civil disputes outside the court that bases arbitration clauses made in writing by the parties to the dispute. Arbitration clauses may be construed as individual provisions of an agreement on dispute resolution through arbitration. In resolving arbitration disputes requires the existence of arbitrators, the arbitrator is a private judge for the parties selected based on mutual agreement to resolve the dispute between them. The arbitrator who wishes to give a verdict fairly, honestly, and in accordance with the applicable provisions. The formulation of the issue discussed is how is the legal power against the phrase arbitration clause in the land buying and selling agreement ? and how is the mechanism of resolving land buying and selling disputes through arbitration ?. Research used using normative research types. Law No. 30 of 1999 on Arbitration and Alternative Dispute Resolution, dated August 12, 1999 which is intended to change the rules regarding arbitration institutions that are not in place with future developments. The establishment of a comprehensive arbitration clause is to pour out all the main elements contained in Law No. 30 of 1999 on Arbitration and Alternative Dispute Resolution.]]>
<![CDATA[Eksistensi Awig-Awig Desa Adat Legian dalam Melestarikan Pariwisata Budaya pada Era Globalisasi (Studi Kasus di Desa Adat Legian, Kecamatan Kuta, Kabupaten Badung) ]]>
<![CDATA[I Wayan Agus Rama]]>;
<![CDATA[I Nyoman Putu Budiartha]]>;
<![CDATA[Diah Gayatri Sudibya]]>
<![CDATA[ Jurnal Analogi Hukum Vol. 4 No. 2 (2022): Jurnal Analogi Hukum ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Warmadewa ]]>
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DOI: 10.22225/ah.4.2.2022.167-171
<![CDATA[Legian Traditional Village has experienced the influence of the globalization process. Awig-Awig is a traditional village which is used to regulate the welfare of indigenous peoples and the sustainability of traditional villages in maintaining traditions and culture in the midst of tourism development. The formulation of the problem: 1) What is the position and function of the Awig-Awig in Legian Traditional Village in preserving cultural tourism in the era of globalization? 2) What are the efforts to filter the negative impacts of globalization in preserving cultural tourism in the Legian Traditional Village?. This study uses empirical legal research methods. The results of the study indicate that the position and function of the Awig-Awig in Legian Traditional Village is able to coexist with the globalization paradigm. The globalization process accompanied by the strengthening of Awig-Awig which is implemented based on Palet 5 Indik Drewen Pawos Village 26, as a reference for preserving cultural tourism in the Legian Traditional Village. Efforts to filter the negative impacts that occur, it is necessary to maintain the socio-cultural aspect by filtering the incoming culture and strengthening the preservation of culture with local wisdom referring to the Awig-Awig contained in Palet 5 Indik Drewen, Pawos Village 26.]]>
<![CDATA[Karakteristik Perjanjian Kerja Waktu Tertentu (PKWT) Bagi Pekerja pada Perusahaan Swasta ]]>
<![CDATA[Made Rama Wiguna Primantara]]>;
<![CDATA[I Nyoman Putu Budiartha]]>;
<![CDATA[I Gusti Agung Ayu Gita Pritayanti Dinar]]>
<![CDATA[ Jurnal Analogi Hukum Vol. 4 No. 2 (2022): Jurnal Analogi Hukum ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Warmadewa ]]>
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DOI: 10.22225/ah.4.2.2022.177-181
<![CDATA[The process of carrying out globalization will act directly or indirectly for the presence of workers. Globalization, characterized by through state fund transactions, we use international standards and international standards for foreign investors and international standards for foreign investors. One of them is the quality point of production and work procedures. . Based on the above background, as well as the features of business contracts of certain employees of the Urban Finance Agency in Denpasar City, it can be based on its duties and laws. , Denpasar City Financial Asset Management Management Agency Event Event Event Event. The methods used are the source of legal studies, the main enterprise and the source of legal materials with secondary legal materials. The results of this study state that the features of employment contracts use a form of legal contract and are very short and effective in the office of the Financial and Asset Management Agency of Denpasar City. Denpasar City Financial and Asset Management Agency Office has defaults for administrative staff. The sanctions imposed on workers who violate the contents of the employment contract consist of a company reprimand, a reprimand (SP 1), a second reprimand (SP 2), and finally ethics if not good. On the employee side, set a third warning letter (SP 3) about job cuts for employees (layoffs).]]>
<![CDATA[Pelaksanaan Peraturan Daerah Provinsi Bali Nomor 3 Tahun 2018 Tentang Retribusi Jasa Usaha pada Objek Wisata Monumen Perjuangan Rakyat Bali ]]>
<![CDATA[Ni Kadek Yunika Pramesti]]>;
<![CDATA[I Nyoman Putu Budiartha]]>;
<![CDATA[Luh Putu Suryani]]>
<![CDATA[ Jurnal Analogi Hukum Vol. 4 No. 2 (2022): Jurnal Analogi Hukum ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Warmadewa ]]>
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DOI: 10.22225/ah.4.2.2022.187-192
<![CDATA[Where the government has more control and control over its territory, including the authority to regulate finances in carrying out obligations and functions such as development activities and services. authority. including the authority to regulate finances in carrying out their duties and functions. The purpose of this study was to determine the effectiveness of the enactment of local regulations on the Bali People's Struggle Monument tourism to increase regional income and to find out the obstacles in its implementation. This study uses empirical legal research methods with a sociological approach. The results of this study indicate that the contribution of the levy on the Bali People's Struggle Monument to the Bali Province's original revenue is relatively small. Obstacles in implementing the Bali Provincial Regulation Number 3 of 2018 concerning Business Service Retribution are divided into two, namely external constraints such as lack of awareness of mandatory levies in paying user fees and internal constraints such as the lack of human resources and lack of funds for monument maintenance. Several forms of efforts were made to overcome the obstacles, namely by providing socialisation to the retribution obligors about the importance of carrying out the obligation to pay retribution.]]>
<![CDATA[Tanggung Jawab Penyedia Jasa Fast Boat terhadap Konsumen Saat Terjadi Kecelakaan di Desa Kusamba Kabupaten Klungkung (Studi Pada PT. Sekarjaya) ]]>
<![CDATA[Kadek Rizky Aditya Indrabuana]]>;
<![CDATA[I Nyoman Putu Budiartha]]>;
<![CDATA[Luh Putu Suryani]]>
<![CDATA[ Jurnal Analogi Hukum Vol. 4 No. 2 (2022): Jurnal Analogi Hukum ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Warmadewa ]]>
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DOI: 10.22225/ah.4.2.2022.198-203
<![CDATA[The background writing this thesis responsibility of fast boat providers to consumers when an accident occurs. Given the importance of the role of transportation, especially sea transportation, activities related to sea transportation need regulated by the state, sea transportation activities can be carried out in an orderly manner and protect interests of the parties involved. However, sea transportation is not always available properly, because not rule out the possibility of things that are detrimental to the users of sea transportation. Based on this, the problem this thesis is how fast boat are responsible for consumers are harmed in the event of accident and how implement fulfillment of compensation for passengers in an accident at PT. Sekar Jaya. The research method used is empirical legal research. The results showed the responsibility of the carrier an accident occurs, PT Sekar Jaya as a shipping company is responsible for maintaining the safety, and responsible replacing losses arising from accidents. The implementation fulfillment of compensation for passengers have accident can come directly to PT Jasa Raharja to claim compensation by filling out the compensation application form provided PT Jasa Raharja attaching a description of the accident, health information from doctors, hospitals and personal identification.]]>
<![CDATA[Perjanjian Kerja Sama Program Gerakan Sekolah Menulis Buku Nasional ]]>
<![CDATA[I Wayan Yudi Antara Putra]]>;
<![CDATA[I Nyoman Putu Budiartha]]>;
<![CDATA[Ni Made Puspasutari Ujianti]]>
<![CDATA[ Jurnal Analogi Hukum Vol. 4 No. 2 (2022): Jurnal Analogi Hukum ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Warmadewa ]]>
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DOI: 10.22225/ah.4.2.2022.209-214
<![CDATA[In the implementation of economic development, the economy has an important role and importance as a supporting factor for the success of national development, and maintaining cooperation in efforts to expand the scale of economic development is the most important asset. With the background of the above problems, some questions can be considered as follows: Characteristics of a Cooperation Agreement How the school movement program wrote a national book between PT Nyala Masa Depan Indonesia and SMP Negeri 1 Denpasar, and what if there was a Cooperation Agreement between PT Nyala Masa Depan Indonesia and SMP Negeri 1 Denpasar A school movement program has been established to write books nationally. The method used is a normative legal search using primary and secondary legal sources. The results of this survey state: The characteristics of the cooperation agreement between PTs. Indonesian Future Light and SMP Negeri 1 Denpasar use a standard agreement. The contract model is in the form of a written contract. The failure of the cooperation agreement between PT. Nyala Masa Depan and SMP Negeri 1 Denpasar are carried out through non-procedural processes and processes. Of the two options exercised by the disputing parties, there is non-jurisdiction (arbitration).]]>
<![CDATA[Kajian Yuridis Terkait Penentuan Besar Upah Pekerja Berdasarkan Pasal 88 C Undang-Undang Nomor 11 Tahun 2020 Tentang Cipta Kerja ]]>
<![CDATA[Ida Bagus Gede Wiswamitra]]>;
<![CDATA[I Nyoman Putu Budiartha]]>;
<![CDATA[I Wayan Kartika Jaya Utama]]>
<![CDATA[ Jurnal Analogi Hukum Vol. 4 No. 3 (2022): Jurnal Analogi Hukum ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Warmadewa ]]>
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DOI: 10.22225/ah.4.3.2022.232-237
<![CDATA[The problem of manpower or labors is an typicals problems that we headr for develop country, included Indonesia. One of those problems is terminations of employment by the company. Based on the descriptions of the text above, author can formulates two problems that will be discuss in this paper. The problems formulations at this research are: How the Wage System in Law Number 11 of 2020 concerned occupation Creations? And how determination of the workers' wages based on Article 88 C of Law Number 11 of 2020 concerning Job Creation? The types of researches used is normative legal research, that are legal research conducted by researching library materials. The conclusion in this study is that the Government changed the wage provisions in Law No. 11 of 2020 concerning Job Creation. These changes include the abolition of the district/city minimums wage (UMK) and the sector-based minimum wage in the province or district/city. The Employment Creation Act changes the policy regarding the wages of workers which was previously regulated by the Manpower Act.]]>
<![CDATA[Peralihan Hak Atas Harta Warisan Kepada Ahli Waris yang Dikuasai Secara Sepihak oleh Keluarga Pewaris ]]>
<![CDATA[Wanda Shicilya]]>;
<![CDATA[I Nyoman Putu Budiartha]]>;
<![CDATA[Diah Gayatri Sudihya]]>
<![CDATA[ Jurnal Analogi Hukum Vol. 4 No. 3 (2022): Jurnal Analogi Hukum ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Warmadewa ]]>
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DOI: 10.22225/ah.4.3.2022.299-304
<![CDATA[Indonesia has an inheritance system consisting of inheritance elements, which include heirs, heirs and inheritance. Inheritance in Indonesia is regulated in civil law, customary law and Islamic law depending on where the inheritance system is used based on the area of residence of the person concerned. However, in reality the inheritance system is sometimes not followed or implemented by the community, therefore many problems arise related to the inheritance. The method used in this research is empirical. With the aim of knowing the factors that underlie the control of inheritance by the family and aims to provide options that can be used for people who have an inheritance dispute to choose the process they want to take to resolve inheritance problems, which process is like the settlement process. through outside the judicial route which will produce a win-win solution, but if the outside-judicial route cannot be resolved, then you can use the judicial route which will produce a win-lose solution. It is hoped that the heirs and families can choose a good settlement process and not damage family relations.]]>
