I Nyoman Bagiastra
Udayana University

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Journal : West Science Interdisciplinary Studies

The Paradox of Punishment: Between Assimilation and Indonesian Public Health During the Covid-19 Pandemic Putu Bagus Satya Nugraha; I Nyoman Bagiastra
West Science Interdisciplinary Studies Vol. 1 No. 12 (2023): West Science Interdisciplinary Studies
Publisher : Westscience Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58812/wsis.v1i12.467

Abstract

Since the beginning of 2020, Indonesia has been hit by a deadly virus outbreak known as Corona Virus Disease or Covid-19. Covid-19, which is claimed to be a pandemic, has changed the foundations of all sectors of life, including the legal and criminal system in Indonesia. Various gaps have been created between das sein and das sollen related to the regulations issued by the government to reduce the number of Covid-19 cases. On the one hand, the Ministry of Law and Human Rights in its mandate has established a policy of releasing prisoners through the assimilation and integration rights program as one of the steps to suppress the spread of Covid-19. Contrary to this, on the other hand, a regulation has emerged that threatens the public for those who violate the rules regarding the prevention of this epidemic, especially for violators of Law Number 6 of 2018 concerning Quarantine. These two law enforcement policies will certainly be a punishment paradox where if prisoners are given assimilation, it will have the potential to cause a Covid-19 cluster from prisons to the general public and also has the potential to cause other problems such as committing crimes again. Likewise, if a prokes violator is put in prison, it is possible that he will contract Covid-19 and spread it to prisoners in prison, so this will become very vulnerable considering that the number of prisoners in prison is very large and even over capacity.
Analysis of The Accountability of Business Actors to Consumers Who are Disadvantaged for Damage to an Item in The Context of Consumer Protection Ni Kadek Ayu Mega Sri Deviani Putri; I Nyoman Bagiastra
West Science Interdisciplinary Studies Vol. 2 No. 06 (2024): West Science Interdisciplinary Studies
Publisher : Westscience Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58812/wsis.v2i06.990

Abstract

This study aims to analyze the implementation of accountability from business actors to consumers who are harmed by damage to an item based on the Consumer Protection Act conducted using the literature study. The problem in this study is related to violations of rights rather than consumers for damage to an item purchased related to accountability rather than a business actor that causes these losses. The purpose of the implementation of this research is to analyze the conditions of accountability of business actors to consumers dynamics of their conditions in the territory of Indonesia. Literature study method as a method used to investigate scientific works, reports on the accountability of business actors and official documents that have a connection with the research conducted. The results showed that the accountability of business actors included compensation in the form of refund or returns to the same or equal value, but accountability still had an impact on the decline in consumer confidence in business actors. Conclusion this study states that the permeasun of legal protection efforts given to consumers for losses caused by business actors. The renewal of this research lies in the comprehensive approach used on the issues that occur and conduct in -depth research and not only look on the one hand.
The Validity of A Sale and Purchase Agreement Via The Internet Reviewed From A Civil Law Perspective Made Ayu Gita Lestari; I Nyoman Bagiastra
West Science Interdisciplinary Studies Vol. 2 No. 06 (2024): West Science Interdisciplinary Studies
Publisher : Westscience Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58812/wsis.v2i06.1018

Abstract

This examination means to decide the legitimacy of deals and buy arrangements through the Web from a common regulation point of view. The sort of exploration utilized is standardizing juridical. The nature of this research is descriptive and qualitative. Document study methods derived from relevant literature studies on the issues discussed were used in the process of data collection. The exploration results show that the legitimacy of a deal and buy understanding through the web should have a similar legitimacy as a regular understanding as long as it very well may be demonstrated and meets the arrangements in Article 1320 of the Common Code. The reason for legitimacy happens if the two of them commonly concur and there is an expression of understanding between the purchaser and merchant in conveying in regards to the proposal of merchandise and the determination of the ideal products and both have concurred that there is an arrangement.
Concrete Form of Legal Protection Against Buyers in Good Faith in The Buy and Buy of Land I Made Ananda Dwirama Wiguna; I Nyoman Bagiastra
West Science Interdisciplinary Studies Vol. 2 No. 07 (2024): West Science Interdisciplinary Studies
Publisher : Westscience Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58812/wsis.v2i07.1056

Abstract

The principle of good faith receives less attention than other principles in civil law literature. This study aims to determine how buyers who buy and sell land in good faith are protected by the law. The normative legal research methods used in this study are utilized. One concrete form of legal protection for buyers who act in good faith is that if a judge decides that the buyer is a buyer who acts in good faith, he or she must also decide the status of the sale and purchase that has taken place. These are the findings of the research study that are the subject of the discussion. Is the sale and purchase object still the buyer's property, or does the sale and purchase status end and the buyer has to pay back the seller the money? Rather than having to file a lawsuit in court, which takes a considerable amount of time and cannot guarantee buyers' certainty of legal protection, this type of thing is certain to be sufficient to provide buyers in good faith with protection.
Analysis of Legal Protection for Unregistered Bamboo Woven Craft Businesses from a Copyright Perspective Andrean Darven Justitio; I Nyoman Bagiastra
West Science Interdisciplinary Studies Vol. 2 No. 08 (2024): West Science Interdisciplinary Studies
Publisher : Westscience Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58812/wsis.v2i08.1159

Abstract

This research aims to analyze how legal protection is given to bamboo woven craft businesses whose copyrights have not been registered from a copyright perspective. The problem in this research is related to the existence of a violation of rights committed by other parties who carry out acts of imitation or duplication of woven bamboo crafts in terms of motifs, designs and shapes made by the original owner which are duplicated or imitated by irresponsible parties with the aim of traded without the permission or knowledge of the creator, causing losses to the original creator of the woven bamboo craft. The aim of carrying out this research is to analyze the condition of legal protection for the bamboo woven craft business that occurs in Indonesia. The legal research method used is normative legal research which is carried out by identifying and studying statutory regulations related to Copyright in the issue of providing legal protection in the bamboo woven craft business sector. The approach method used is the legal approach (statue approach) in analyzing existing problems, then the data collected and obtained are processed using qualitative methods. The results of the research are then explained descriptively to provide an overview related to the research results obtained, namely that copyright for works of art and crafts whose copyright ownership has not been registered can still receive legal protection, this is because the copyright of a work attaches automatically to a work created by the creator as long as it has met the requirements as an original work and has been expressed in a concrete form, in which case it has been expressed as a work of woven bamboo craft. However, to obtain stronger legal recognition, bamboo woven works that are developed into bamboo woven craft businesses need to register the copyrighted work.