I Nyoman Bagiastra
Faculty of Law, Udayana University

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Integrated Waste Management Place and Environmental Pillar Sustainable Development Goals: Solution or Threat? Gde Putra Mahendra Junior; I Nyoman Bagiastra; Kadek Julia Mahadewi
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.v2i06.1038

Abstract

This article discusses the issue of the Kesiman Kertalangu Integrated Waste Management Site (TPST) which has an impact on the surrounding community because the smoke produced causes disruption to people's sense of smell and even threatens public health, but basically the community is not protesting regarding the existence of the TPST but rather the impact caused by its activities. This article uses a normative legal research method, by taking a statutory approach, then the data collected will be processed using a qualitative approach and explained descriptively. The Kesiman Kertalangu TPST violates the right to a clean and healthy environment as mandated by the constitution, UUPPLH and the Sustainable Development Goal's concept. It is hoped that the government's responsibility regarding the impacts that occur will refer to article 54 UUPPLH and 82 of the Job Creation Law, then the Kertalangu TPST must have an SDG concept, especially Village SDGs, guided by Village SDG number 3, environmental restoration efforts must be made based on UUPPLH and the Job Creation Law. and carrying out sustainable waste management based on SDG's principles as well as developing technology is very necessary in solving problems by comparing it with waste management in Singapore, namely processing smoke from combustion into electrical power and scarp metal which produces high economic value.
Legal Responsibility For Operational Failures Through Robotic Telesurgery Ni Putu Eka Madeni Apriliani; I Nyoman Bagiastra
West Science Interdisciplinary Studies Vol. 2 No. 09 (2024): West Science Interdisciplinary Studies
Publisher : Westscience Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58812/wsis.v2i09.1306

Abstract

Technological developments, especially in the health sector, are currently growing very rapidly. Robotic Telesurgery or remote surgical robots are expected to become a technology that can realize health equality in Indonesia, but it is a shame that technological progress is not comparable to the relevant regulations that regulate it, it is feared that this will not guarantee legal certainty which could lead to malpractice. The method used in this research is a normative legal research method because the focus of the study departs from the vagueness of norms using the approach: statute approach, conceptual approach, as well as analytical approach. The legal material search technique uses document study techniques, and study analysis uses qualitative analysis. The results of this research are that there is a void in norms in Law Number 17 of 2023 concerning Health which does not regulate legal responsibility for failed operations through Robotic Telesurgery So it is necessary to create a law that specifically regulates the responsibilities of doctors.
Analysis of the Notary's Responsibility for Errors in Making a Deed I Made Yogi Darmawan; I Nyoman Bagiastra
West Science Interdisciplinary Studies Vol. 2 No. 11 (2024): West Science Interdisciplinary Studies
Publisher : Westscience Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58812/wsis.v2i11.1418

Abstract

This research aims to analyze the notary's responsibility for errors in deed preparation, which is a crucial aspect in legal practice in Indonesia. Notaries, as public officials who have the authority to make authentic deeds, play an important role in ensuring the validity of legal transactions. However, errors in making a deed can occur due to various factors, both internal and external, which have the potential to cause legal disputes and financial losses for the parties involved. This research uses a normative method with a qualitative approach to explore the legal norms that regulate the responsibilities of notaries and the implications of errors that may occur. Errors in making a deed can be categorized as typographical errors and substantive errors, each of which has a different impact on the legal force of the deed. Notary responsibilities can be seen from two perspectives, namely civil law and criminal law, depending on the nature of the error that occurred. Research findings show that there is a need to increase awareness of ethics and integrity in notary practice, as well as recommendations for improvements in the implementation of notary duties in order to maintain public trust in this profession. It is hoped that this research can provide a constructive contribution to the development of better notarial practices in Indonesia.
The Role and Responsibilities of Notaries in Making Authentic Deeds Based on Forged Letters from the Parties Ni Komang Cahya Kirana Wiguna; I Nyoman Bagiastra
West Science Interdisciplinary Studies Vol. 3 No. 01 (2025): West Science Interdisciplinary Studies
Publisher : Westscience Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58812/wsis.v3i01.1620

Abstract

Notaries play an important role in the Indonesian legal system, especially in the making of authentic deeds that have high evidentiary power. One of the main responsibilities of a notary is to ensure the validity of the documents used as the basis for making authentic deeds. However, in practice, it is not uncommon for fake documents to escape the notary's inspection and be used in making authentic deeds. This study aims to analyze the role and responsibilities of notaries in making authentic deeds based on fake letters, as well as the legal risks faced by notaries if they are involved in using fake letters. This study uses a normative research method with a statutory and conceptual approach, which examines laws and regulations related to the position of notary, forgery of letters, and legal responsibilities arising from the involvement of notaries in making deeds based on fake documents. The results of the study indicate that notaries have an obligation to verify the authenticity of documents and the identities of the parties involved, as well as to provide an explanation of the contents of the deed to the parties. If a notary is involved in making an authentic deed based on a fake letter, he can be subject to criminal sanctions in accordance with Article 263 and Article 264 of the Criminal Code, as well as civil liability in accordance with Article 1365 of the Civil Code. This study also highlights the importance of increasing the vigilance and ability of notaries in detecting fake documents to prevent the practice of document forgery which can harm many parties.
Legal Protection For Employees Affected by Layoffs or Layoffs Reviewed From The Perspective of The Job Creation Law I Nyoman Adi Muliana Kusuma; I Nyoman Bagiastra
Sociological Jurisprudence Journal Vol. 8 No. 1 (2025)
Publisher : Fakultas Hukum, Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/scj.8.1.2025.36-43

Abstract

The focus of this study is to analyze legal certainty for the relevant community regarding legal protection if affected by layoffs (Termination of Employment). This study applies normative legal research methods with a legislative, conceptual, and analytical approach. The conclusion of the study explained that legal certainty for people affected by layoffs undertaken by companies in order to obtain their rights as employees in the company and nationally in Indonesia refers to the Job Creation Law and Government Regulation Number 35 of 2021. Referring to the point of view of human rights, obtaining information and education, including the rights of the community, one of them fulfills it through the fulfillment of employee rights in the work agreement with the company.
Juridical Review of the Spread of Pinkflash Dangerous Cosmetics in the Perspective of Legal Protection of Consumers in Indonesia Ketut Purnama Sari; I Nyoman Bagiastra
Sociological Jurisprudence Journal Vol. 8 No. 1 (2025)
Publisher : Fakultas Hukum, Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/scj.8.1.2025.44-50

Abstract

The development of the times and the advancement of technology, namely social media, causes someone to want to look beautiful, especially for women. This can be seen by the many transactions of buying and selling various cosmetic products either through direct shopping to the store or using applications such as Shopee and Tokopedia online. Some cosmetic products on the market contain harmful substances. These cosmetics are certainly dangerous if applied to facial skin.  The most fatal negative impact can cause cancer or damage to facial skin. The purpose of writing this journal is so that women or other consumers are more sensitive and vigilant in choosing and using cosmetics on the market. The writing method used is normative legal research, with a legal approach, cases and reviewing secondary legal materials as the main data source. The problem in this study is how to protect consumers due to the spread of cosmetics from pinkflash products that contain harmful ingredients. The results of the study found that several types of cosmetics from the Pinkflash brand contain harmful substances. This product is known to have spread widely in the market, so it is important to do several strategic ways through the UUPK and the Health Law in resolving risks. The form of legal protection provided is in the form of preventive and repressive protection.