Articles
<![CDATA[Socialization of Role of LPM in Sustainable Village Development in Satra Village Klungkung Regency ]]>
<![CDATA[Dewa Gede Pradnya Yustiawan]]>;
<![CDATA[I.P. R. A. Putra]]>;
<![CDATA[I. D. G. D. Sugama]]>
<![CDATA[ KERTHA WICAKSANA Vol. 14 No. 1 (2020) ]]>
Publisher : <![CDATA[Fakultas Hukum, Universitas Warmadewa ]]>
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DOI: 10.22225/kw.14.1.2020.16-20
<![CDATA[This study aims to analyze the role of Community Empowerment Institutions (LPM) in supporting development that is not optimal. This study uses normative legal method with the aim of outlining the problem for further discussion based on legal theory. Then, the data were analyzed descriptively. The results of this study show that the Satra Village Community, Klungkung District, Klungkung Regency, generally do not understand the duties, functions and authority of the LPM including its existence as a work partner of the village head. Community understanding, village officials and LPM management are still not optimally related to work programs and positions as partners of village heads in implementing and planning development in the short, medium and long term. Thus, the existence of the LPM is currently limited to completing the organizational structure in the village administration and does not know the purpose why it was formed, what are its duties and authorities as village apparatus partner, thus, this condition can be ensured there is a gap between LPM and other organisation in the village administration, which until now has not been regulated even there are no regulations that explicitly regulate the benefits as LPM administrators. This caused many LPM officials who did not appear to be enthusiastic about managing LPM.]]>
<![CDATA[Penguatan Karakter Sebagai Upaya Penanggulangan Kenakalan Remaja (Juvenile Delinquency) ]]>
<![CDATA[I Ketut Tjukup]]>;
<![CDATA[I Putu Rasmadi Arsha Putra]]>;
<![CDATA[Dewa Gede Pradnya Yustiawan]]>;
<![CDATA[Jimmy Z. Usfunan]]>
<![CDATA[ KERTHA WICAKSANA Vol. 14 No. 1 (2020) ]]>
Publisher : <![CDATA[Fakultas Hukum, Universitas Warmadewa ]]>
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DOI: 10.22225/kw.14.1.2020.29-38
<![CDATA[Juvenile delinquency is an act or behavior of adolescents that is contrary to the law, religion, and norms of society, which harms others, public peace and himself. This study aims to examine juridically about juvenile delinquency as a crime, and how appropriate countermeasures can be done. This study uses normative juridical method by using interview techniques in collecting data. The results showed that juvenile delinquency is something that disturbs the security of the community in which they live, because juvenile delinquency is a crime that is an act that violates legal norms, decency and even religious norms. In addition, juvenile delinquency is a deviant act that is contrary to the applicable laws and regulations and can damage the future of adolescents, it is necessary to overcome them. Belimbing Village Government, Pupuan Subdistrict, Tabanan Regency has made a breakthrough in tackling juvenile delinquency crime by making preventive countermeasures with a religious-communal approach.]]>
<![CDATA[Aspek Perlindungan Hukum Terhadap Nasanah Atas Penyelenggaraan E-Payment Berbasis QR-Code ]]>
<![CDATA[I Putu Rasmadi Arsha Putra]]>;
<![CDATA[Dewa Gede Pradnya Yustiawan]]>
<![CDATA[ KERTHA WICAKSANA Vol. 16 No. 2 (2022) ]]>
Publisher : <![CDATA[Fakultas Hukum, Universitas Warmadewa ]]>
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DOI: 10.22225/kw.16.2.2022.99-107
<![CDATA[The development of an e-payment system that uses QR-Code as an effective payment method and is proven to have efficiency, but the efficiency and effectiveness offered raises problems in the community related to security regarding this QR-Code method. Analyzing legal protection to customers in the use of the QR-Code method in transactions is the goal of this research. This study uses a normative method, using a statutory approach and a legal concept analysis approach. The legal materials used are primary legal materials, secondary legal materials and tertiary legal materials that are systematically collected and traced by documentation studies and supplemented with supporting data. All legal materials collected were analyzed by descriptive analysis technique. This study found several regulations governing e-payment and QR-Code which are still scattered in several regulations, this of course confuses customers as consumers regarding legal protection. So that in the application of e-payment in which there is a QR-Code as one of the methods, special rules need to be made, besides that customers as consumers are expected to educate themselves related to payment technology so that they are not harmed materially or immaterially if in practice the implementation of the QR-Code does not heed consumer rights. It can be concluded that with a study on legal protection against the implementation of QR-Code-based e-payments, customers can protect their rights as consumers.]]>
<![CDATA[Perjanjian Kemitraan Antara PT. Go-Jek Indonesia Cabang Bali Dengan Driver Online Yang Tidak Memenuhi Asas Keseimbangan ]]>
<![CDATA[Kadek Gustama Prabawita]]>;
<![CDATA[Dewa Gede Pradnya Yustiawan]]>
<![CDATA[ Jurnal Hukum dan Sosial Politik Vol. 1 No. 4 (2023): November : Jurnal Hukum dan Sosial Politik ]]>
Publisher : <![CDATA[Universitas Katolik Widya Karya Malang ]]>
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DOI: 10.59581/jhsp-widyakarya.v1i4.1195
<![CDATA[In the partnership agreement between PT. GO-JEK Indonesia with online motorcycle taxi drivers does not meet the principle of balance. The principle of balance which is intended to harmonize legal institutions in agreements known in civil law which has the aim of making the agreement equal or balanced. This study aims to determine the legal consequences of not fulfilling the principle of balance in the partnership agreement between PT. GO-JEK Indonesia Bali Branch With Online Ojek Drivers. As discussed in this study are the legal consequences and legal protection of agreements that do not meet the principle of balance in the partnership agreement between PT. GO-JEK Indonesia Bali Branch with online motorcycle taxi drivers. The research method in this study is a normative research method, which is a legal research library by reviewing regulations and theories of experts related to the problems discussed. After doing the research, it was concluded that the result of the partnership agreement between PT. GO-JEK Indonesia Bali Branch with online motorcycle taxi drivers creates an imbalance between the rights and obligations of the parties. And GO-JEK in resolving problems that cannot be carried out through deliberation is allowed to take legal action by bringing the dispute to a court that has been determined by GO-JEK, namely the South Jakarta Court, but with the determination of the Court by GO-JEK, it can be difficult for partners who live outside city or far from the Court.]]>
<![CDATA[JURIDICAL REVIEW OF THE CLAUSE OF WITHHOLDING THE ORIGINAL DIPLOMA OF WORKERS BY THE COMPANY IN THE EMPLOYMENT AGREEMENT ]]>
<![CDATA[Mahardika, Kadek Debi Triwangsa]]>;
<![CDATA[Yustiawan, Dewa Gede Pradnya]]>
<![CDATA[ POLICY, LAW, NOTARY AND REGULATORY ISSUES Vol. 3 No. 1 (2024): JANUARY ]]>
Publisher : <![CDATA[Transpublika Publisher ]]>
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DOI: 10.55047/polri.v3i1.1060
<![CDATA[The purpose of this research is to understand the aspects of legal certainty related to the Retention/Submission of Original Diplomas Clause in the employment contract applied by the Company and this research also aims to find out the legal protection efforts given to workers who agree to the retention of diploma clause in their employment contract, especially in the context where the Company is considered negligent in maintaining the original diploma belonging to its workers. The research method is normative legal research with an approach to legislation. The results of this study show that in the implementation of employment contracts that include diploma retention/submission clauses, there are no explicit statutory provisions that allow or prohibit the practice. However, regarding the legal requirements of agreements in employment contracts, this is regulated by the Civil Code. Therefore, the legal vacuum regarding whether or not the withholding of diplomas can cause this practice to occur as a result of customs in the world of work, and when related to RI Law No. 39 of 1999 concerning Human Rights is contrary to the principles of human rights because it hampers workers' rights to get better jobs and improve their quality of life. In addition, in the legal protection efforts for workers who agree to the clause of withholding/submission of diplomas in their employment contracts, there are preventive and responsive legal protections. This shows that there are measures to prevent and respond to potential violations of workers' rights in the context of such clauses.]]>
<![CDATA[Perjanjian Kemitraan Antara PT. Go-Jek Indonesia Cabang Bali Dengan Driver Online Yang Tidak Memenuhi Asas Keseimbangan ]]>
<![CDATA[Kadek Gustama Prabawita]]>;
<![CDATA[Dewa Gede Pradnya Yustiawan]]>
<![CDATA[ Jurnal Hukum dan Sosial Politik Vol. 1 No. 4 (2023): November : Jurnal Hukum dan Sosial Politik ]]>
Publisher : <![CDATA[Lembaga Pengembangan Kinerja Dosen ]]>
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DOI: 10.59581/jhsp-widyakarya.v1i4.1195
<![CDATA[In the partnership agreement between PT. GO-JEK Indonesia with online motorcycle taxi drivers does not meet the principle of balance. The principle of balance which is intended to harmonize legal institutions in agreements known in civil law which has the aim of making the agreement equal or balanced. This study aims to determine the legal consequences of not fulfilling the principle of balance in the partnership agreement between PT. GO-JEK Indonesia Bali Branch With Online Ojek Drivers. As discussed in this study are the legal consequences and legal protection of agreements that do not meet the principle of balance in the partnership agreement between PT. GO-JEK Indonesia Bali Branch with online motorcycle taxi drivers. The research method in this study is a normative research method, which is a legal research library by reviewing regulations and theories of experts related to the problems discussed. After doing the research, it was concluded that the result of the partnership agreement between PT. GO-JEK Indonesia Bali Branch with online motorcycle taxi drivers creates an imbalance between the rights and obligations of the parties. And GO-JEK in resolving problems that cannot be carried out through deliberation is allowed to take legal action by bringing the dispute to a court that has been determined by GO-JEK, namely the South Jakarta Court, but with the determination of the Court by GO-JEK, it can be difficult for partners who live outside city or far from the Court.]]>
<![CDATA[MEKANISME PERLINDUNGAN HUKUM RAHASIA DAGANG DALAM IMPLEMENTASINYA DI ERA DIGITAL ]]>
<![CDATA[Cridevi, Putu]]>;
<![CDATA[Yustiawan, Dewa Gede Pradnya]]>
<![CDATA[ Kertha Negara : Journal Ilmu Hukum Vol 12 No 2 (2024) ]]>
Publisher : <![CDATA[Kertha Negara : Journal Ilmu Hukum ]]>
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<![CDATA[Penelitian ini bertujuan untuk mengetahui hambatan penerapan mekanisme perlindungan hukum yang dijamin oleh Undang-Undang Nomor 30 Tahun 2000 tentang Rahasia Dagang, dan untuk melihat pengaplikasian mekanisme perlindungan hukum tersebut dalam perspektif penggunaan rahasia dagang di era digital. Penelitian ini menggunakan metode normatif yang bersifat deskriptif dengan pendekatan perundang-undangan. Hasil penelitian menunjukan bahwa perlindungan preventif yang dijamin oleh Undang-Undang Nomor 30 Tahun 2000 tentang Rahasia Dagang tidak dapat memberikan kepastian hukum di era digital ini. Arus akselerasi transformasi digital telah membuka ancaman baru bagi rahasia dagang melalui keterbukaan informasi yang tidak terkontrol. Penerapan mekanisme perlindungan hukum yang masih belum berubah selama lebih dari dua dekade tersebut akan berakhir dengan diperolehnya perlindungan yang pasif oleh para inventor. Sehingga pembaharuan terhadap mekanisme perlindungan rahasia dagang akan diperlukan.]]>
<![CDATA[Praktik Black Market Pada Transaksi Iphone Ex-Inter Ditinjau Dari Hukum Perlindungan Konsumen ]]>
<![CDATA[Ni Luh Putu Novita Sari]]>;
<![CDATA[Dewa Gede Pradnya Yustiawan]]>
<![CDATA[ Mandub : Jurnal Politik, Sosial, Hukum dan Humaniora Vol. 1 No. 4 (2023): DESEMBER : Mandub: Jurnal Politik, Sosial, Hukum dan Humaniora ]]>
Publisher : <![CDATA[STAI YPIQ BAUBAU, SULAWESI TENGGARA ]]>
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DOI: 10.59059/mandub.v1i4.482
<![CDATA[Small-scale retail is an economic business that stands alone with capital and is carried out by people who sell Consumer legal protection for the community is very important. Therefore, a synergistic relationship between consumers, employers and the government is needed to realize the performance of customer safety in society. The reason of writing on this thesis includes a standard objective, particularly to meet one of the necessities and duties of finishing a examine to gain a Bachelor of Laws diploma on the Faculty of Law, Udayana University and a particular objective, particularly to recognize and recognize the shape of criminal safety for purchasers in shopping for and promoting transactions of iPhone ex-inter. experiencing IMEI blocking. The approach utilized in scripting this thesis is a normative juridical writing approach that applies the ideas of fantastic law, in scripting this thesis numerous procedures are used, particularly the statutory method and the conceptual method. The conclusions drawn from this writing are First, the shape of criminal safety that may be acquired with the aid of using purchasers is that it is able to be withinside the shape of preventive criminal safety according with Article four of the Consumer Protection Act which regulates customer rights and is achieved earlier than a contravention occurs.]]>
<![CDATA[Tafsiran Transaksi Akun Game Online Serta Aspek Perlindungan Hukum Yang Terkena Scam dan Penipuan (BEDROG) ]]>
<![CDATA[I Gusti Made Darwin Damareksa Putra]]>;
<![CDATA[Dewa Gede Pradnya Yustiawan]]>
<![CDATA[ Demokrasi: Jurnal Riset Ilmu Hukum, Sosial dan Politik Vol. 1 No. 4 (2024): Oktober : Demokrasi: Jurnal Riset Ilmu Hukum, Sosial dan Politik ]]>
Publisher : <![CDATA[Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia ]]>
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DOI: 10.62383/demokrasi.v1i4.522
<![CDATA[This research is intended to examine and gain a deep understanding of the different types of legal protections applicable to online game account transactions affected by fraud and scams, both prior to and following the establishment of agreements, by referring to the current laws and regulations in Indonesia. The scope of this legal protection includes preventive measures as well as the reinstatement of consumer rights in transactions impacted by fraud or scams, within the framework of national law. The study aims to clarify the various forms of legal protection available to consumers and the legitimacy of online game account transactions according to Indonesian law. Furthermore, the research explores the processes involved in online game account transactions and the definitions and features of scams and fraud from both civil and criminal legal perspectives. It also integrates various pertinent laws, including the Consumer Protection Law, the Information and Electronic Transactions Law, the Civil Code (KUHPerdata), and the Criminal Code (KUHP), along with recent updates to the newly established Criminal Code.]]>
<![CDATA[Analisis Yuridis Insolvency Test dalam Penyelesaian Kepailitan dan PKPU Ditinjau dari UU No 37 Tahun 2004 ]]>
<![CDATA[Billy Jayando Parasian Sinaga]]>;
<![CDATA[Dewa Gede Pradnya Yustiawan]]>
<![CDATA[ Hukum Inovatif : Jurnal Ilmu Hukum Sosial dan Humaniora Vol. 1 No. 4 (2024): Oktober : Hukum Inovatif : Jurnal Ilmu Hukum Sosial dan Humaniora ]]>
Publisher : <![CDATA[Lembaga Pengembangan Kinerja Dosen ]]>
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DOI: 10.62383/humif.v1i4.656
<![CDATA[According to Law Number 37 of 2004 tates that bankruptcy is general confiscation of assets of bankrupt debtor. Those failure to pay debtors commonly beacause of a strain in company's financial condition. The purpose of imposition of bankruptcy is to protect both bankrupt debtor and creditors. In the development of bankruptcy in Indonesia, the regulation of Insolvency test in imposing companies bankruptcy, especially companies with legal status, has not been regulated in Law No. 37 of 2004. Insolvency is the failure to done a financial responsibility in the due date as is appropriate in a company, or the excess of liabilities over assets within certain time. If the debtor has been declared insolvent, the debtor is completely bankrupt and properties will soon be divided. There also has no provision stating that Insolvency Test is a condition for bankrupting a debto. Regulation absence regarding Insolvency Test certainly cause problems for companies that many Indonesia’s companies experience legal bankruptcy. Therefore, author feels it is necessary to do a research related to Insolvency Test which was once applicable in Indonesian Bankruptcy Law, but no longer used, even though the application of Insolvency Test is very helpful for the judge's view in deciding individual or legal entity in a state of bankruptcy in court, and further clarifies the objectivity in bankruptcy judgment.]]>
