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All Journal Kertha Negara : Journal Ilmu Hukum Jurnal Ilmiah Ilmu Sosial Sociological Jurisprudence Journal KERTHA WICAKSANA Jurnal Analisis Hukum POLICY, LAW, NOTARY AND REGULATORY ISSUES (POLRI) Mandub: Jurnal Politik, Sosial, Hukum dan Humaniora Jurnal Media Akademik (JMA) Hukum Inovatif : Jurnal Ilmu Hukum Sosial dan Humaniora Presidensial: Jurnal Hukum, Administrasi Negara, Dan Kebijakan Publik Demokrasi: Jurnal Riset Ilmu Hukum, Sosial dan Politik Terang: Jurnal Kajian Ilmu Sosial, Politik dan Hukum International Journal of Law, Crime and Justice Kertha Wicara: Journal Ilmu Hukum Jurnal Hukum dan Sosial Politik
I Dewa Gede Pradnya Yustiawan
Fakultas Hukum Universitas Udayana, Denpasar, Bali-Indonesia
Religion Humanities Economics, Econometrics & Finance Education Environmental Science Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Social Sciences Other

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RESPONSIBILITY OF BUSINESS ACTORS FOR THE TRANSFER OF CONSUMER CHANGE FORMS I Made Ananda Dwirama Wiguna; Dewa Gede Pradnyana Yustiawan
POLICY, LAW, NOTARY AND REGULATORY ISSUES Vol. 2 No. 1 (2023): JANUARY
Publisher : Transpublika Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55047/polri.v2i1.510

Abstract

This article aims to provide an understanding of the legal arrangements for the transfer of consumer change forms by business actors and examine the responsibility of business actors for the transfer of consumer change forms that can result in losses to consumers. The writing of this article uses a normative legal research method through a statutory approach, conceptual approach, case approach and use primary and secondary legal materials. The characteristics of this research are categorized as descriptive research. The results of the study show that the regulation regarding the transfer of consumer change is regulated in Law no. 8 of 1999 concerning Consumer Protection, Law no. 23 of 1999 and Law no. 7 of 2011 which basically stipulates that rupiah currency is a legal tender in the territory of the Republic of Indonesia so that consumer change must be in the form of rupiah currency without being transferred in any form. This will certainly cause deviations in terms of legal rules because consumers feel disadvantaged and violated their rights. Therefore, a legal review is needed based on related regulations, especially regarding the responsibility of business actors for the transfer of consumer change.
SETTLEMENT OF DEFAULT IN THE CAR RENTAL AGREEMENT AT PT. SURYADITA 88 TRANSPORT IN BADUNG REGENCY I Gusti Ngurah Made Siwa Mertayasa; Dewa Gede Pradnyana Yustiawan
POLICY, LAW, NOTARY AND REGULATORY ISSUES Vol. 2 No. 1 (2023): JANUARY
Publisher : Transpublika Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55047/polri.v2i1.533

Abstract

Car rental businesses are now relatively accessible in Badung Regency. Because Badung Regency is a popular tourist destination, numerous individuals have opened car rental services. In Badung Regency, PT Suryadita 88 Transport is one of companies that offers car rental services. In its operation, PT Suryadita 88 Transport is not exempt from issues involving default-causing factors and efforts to resolve defaults. This study aims to uncover the causes of default in the car rental agreement at PT. Suryadita 88 Transport and potential solutions. This study employs the Empirical Law research technique, which correlates the legal aspects of existing issues with their practical application in society. The applicable legal basis is Article 1548 of the Civil Code, pertaining to Leasing. The results revealed that disputes shall be resolved through litigation if they cannot be resolved through alternative mean.
LEGAL CONSEQUENCES OF ELECTRONIC AGREEMENTS REVIEWED FROM ARTICLE 1866 OF THE CIVIL CODE Gusti Putu Krisna Murti AV; Dewa Gede Pradnyana Yustiawan
POLICY, LAW, NOTARY AND REGULATORY ISSUES Vol. 2 No. 1 (2023): JANUARY
Publisher : Transpublika Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55047/polri.v2i1.535

Abstract

Legal issues with regard to authenticity, authenticity, and proof arise frequently because no laws exist to control the private information of users of electronic agreements. The aim of this research is to determine whether or not there are issues with the legal binding force of agreements established via electronic means. This study employs a normative qualitative approach, based on the analysis of secondary data and bolstered by original data collected in the field. The findings prove that digital investigative tools can be used to verify the legitimacy, veracity, and integrity of electronic contracts. A person's permission is required before any of their personally identifiable information (PHI) can be used in any way, shape, or form via technological media. The evidentiary weight of an electronic or digitally signed deal is the same as that of a handwritten one. As progress is made toward open proof, the judicial system can make use of the system. Given the prevalence of online media in modern business dealings, it follows that any evidence acquired from any source, provided it is true, is admissible so long as it does not violate public order.
CIVIL LAW ANALYSIS OF UNWRITTEN AGREEMENTS IN BUSINESS ACTIVITIES Ega Nabilasari Lesmana; Dewa Gede Pradnyana Yustiawan
POLICY, LAW, NOTARY AND REGULATORY ISSUES Vol. 2 No. 2 (2023): APRIL
Publisher : Transpublika Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55047/polri.v2i2.568

Abstract

In traditional societies, unwritten contracts were frequently used for commercial transactions. Unwritten agreements are weaker than written ones, particularly when it comes to proving their existence in the event of a dispute. The aim of this article was to conduct an analysis of unwritten agreements in civil law and to evaluate the advantages and disadvantages of forming and implementing such agreements. This is a normative legal research which focuses on positive law inventory, legal principles and doctrine, legal discovery in in concrete cases, legal systematics, level of synchronization, comparative law and legal history. In the deliberation, a verbal agreement was considered valid under civil law so long as it did not contradict Article 1320 of the Civil Code. The existence of a verbal agreement was also supported by the principle of contract freedom, which allowed the parties to determine the form of the agreement. Unwritten agreements were advantageous in terms of the amount of time required to reach an agreement and the use of trust in the formulation and implementation of the agreement, but they lacked the ability to be proven in the event of a dispute.
DEVELOPMENT OF BUSINESS LAW IN THE PERSPECTIVE OF PANCASILA IN THE ERA OF INDUSTRIAL REVOLUTION 4.0 I Made Gunartha; Dewa Gede Pradnyana Yustiawan
POLICY, LAW, NOTARY AND REGULATORY ISSUES Vol. 2 No. 2 (2023): APRIL
Publisher : Transpublika Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55047/polri.v2i2.602

Abstract

This article aims to explore the development of business law in the context of Pancasila during the era of the Industrial Revolution 4.0. The research methodology used is normative juridical, which examines the implementation of positive legal provisions in business law. The data used includes primary and secondary sources, obtained from legal products related to business and trade. The rapid globalization brought by the 21st century industrial revolution has resulted in significant changes in various aspects of law, politics, economics, technology, and culture. As the Industrial Revolution 4.0 relies heavily on telematics (telecommunications, media, and information), it is essential to adjust regulations in the field of business law to accommodate these changes. The Indonesian government must engage in legal development, legal harmonization, and legal reconstruction to update legal products in line with the global situation. This includes building a legal system that reflects Pancasila and the 1945 Constitution to adapt to the industrial era 4.0. As the development of business law in the Industrial 4.0 era must be consistent with Pancasila's values and the 1945 Constitution, it is crucial to prioritize these values in legal development.
LEGAL VALIDITY OF LAND TENURE BY FOREIGNERS THROUGH MIXED MARRIAGES OBTAINED FROM INHERITANCE FROM THE UUPA PERSPECTIVE I Gusti Made Oka Mahendra; Dewa Gede Pradnyana Yustiawan
POLICY, LAW, NOTARY AND REGULATORY ISSUES Vol. 2 No. 2 (2023): APRIL
Publisher : Transpublika Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55047/polri.v2i2.619

Abstract

This scientific paper aims to examine the legal validity of land tenure by foreigners through mixed marriages obtained from inheritance, with a focus on the perspective of the UUPA (Undang-Undang Pokok Agraria). It also investigates the legal consequences that arise from the cancellation of ownership rights to land obtained through inheritance by foreigners. The presence of mixed marriages in Indonesia has implications for joint property ownership in marriage. According to Article 35 of the Marriage Law, joint property refers to assets acquired during marriage that become shared property. However, Article 21, paragraph (3) of the Basic Agrarian Law (Law No. 5/1960) lacks clarity in terms of norms governing land tenure by foreigners derived from inheritance. This ambiguity arises from the absence of a defined time limit or clear provisions regarding land tenure by foreigners through inheritance. This research utilizes normative legal research methods, employing legislative, conceptual, and analytical approaches. Foreign nationals can acquire land ownership if they enter into a mixed marriage with Indonesian citizens. In such cases, the land must remain under the ownership of the Indonesian citizen, with a joint property separation agreement established prior to the mixed marriage. The heirs of foreign nationals can still hold Hak milik land acquired through inheritance, but only for a period of one year. After this period, the land reverts to state ownership. Foreign nationals have the option to sell the land to an Indonesian citizen or apply for a Right of Use through the National Land Agency, in accordance with the applicable regulations.
JURIDICAL REVIEW OF THE CLAUSE OF WITHHOLDING THE ORIGINAL DIPLOMA OF WORKERS BY THE COMPANY IN THE EMPLOYMENT AGREEMENT Kadek Debi Triwangsa Mahardika; Dewa Gede Pradnya Yustiawan
POLICY, LAW, NOTARY AND REGULATORY ISSUES Vol. 3 No. 1 (2024): JANUARY
Publisher : Transpublika Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55047/polri.v3i1.1060

Abstract

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.
Co-Authors Alyssa Maydina Putri Angga Putra Pratama Billy Jayando Parasian Sinaga Cridevi, Putu Dewisyara Cahyani, Kadek Devia Diah Ratna Sari Hariyanto Dwikarunia Setiawan Guntik Dwitayani, Ni Made Ayu Rusmega Ega Nabilasari Lesmana Gede Agi Prayoga Gede Agung Mahardika Gusti Putu Krisna Murti AV I Dewa Gede Dana Sugama I Dewa Gede Keisha Adnyana I Dewa Gede Rama Budi Premana I Gusti Made Darwin Damareksa Putra I Gusti Made Oka Mahendra I Gusti Ngurah Made Siwa Mertayasa I Kadek Devara Sandy Pradnyana Putra I Kadek Dwi Permana Putra I Ketut Tjukup I Made Ananda Dwirama Wiguna I Made Dwipa Anggara Putra Duwalang I Made Gunartha I Putu Rasmadi Arsha Putra I Putu Rasmadi Arsha Putra I Putu Rasmadi Arsha Putra I Wayan D. Gotama I Wayan Werasmana Sancaya I.P. R. A. Putra Ida Bagus Adhitya Prayoga D. Jimmy Z. Usfunan Kadek Ari Armando Sutama Kadek Debi Triwangsa Mahardika Kadek Gustama Prabawita Kadek Gustama Prabawita Kesuma, Anak Agung Gede Dwiatmaja Dharma Komang Adi Widiartana Made Ananda Bella Cahyani Muhammad Rafli Akbar Fahriza Ni Luh Putu Novita Sari Ni Putu Putri Karuni Nyoman Arya Gumyartha Jaya Prasetya, Komang Erycko Puspa Sari, Ni Kadek Rista Putra, I Putu Rasmadi Arsha Rasmadi Putu Devi Yustisia Utami Putu Laksmi Noviyana Putu Silkyamara Nandha Rossana Shinta Maulidia Stefanus Edwin Ferdianto L Tjokorda Gde Agung Smara Raditia William Hutapea Yuliawati, Ni Kadek Gita