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Komang Febrinayanti Dantes
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ANALISIS YURIDIS HAK ULAYAT TERHADAP KEPEMILIKAN TANAH ADAT BERDASARKAN UNDANG-UNDANG NOMOR 5 TAHUN 1960 TENTANG PERATURAN DASAR POKOK-POKOK AGRARIA Ni Komang Putri Sari Sunari Wangi; Komang Febrinayanti Dantes; Ketut Sudiatmaka
Jurnal Ilmu Hukum Sui Generis Vol 3 No 3 (2023): Juli, Jurnal Ilmu Hukum Sui Generis
Publisher : Universitas Pendidikan Ganesha

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23887/jih.v3i3.2606

Abstract

The purpose of this research is to explore the application of customary rights in relation to customary land ownership of indigenous peoples. In particular, the focus is on the interpretation and analysis of Law Number 5 of 1960 which regulates the Basic Agrarian Regulations. This study aims to examine the level of legal protection given to customary law community customary rights as stipulated in Law Number 5 of 1960. The research methodology used in this research is normative legal research with statutory and conceptual approaches. The legal sources used include primary law, secondary law, and tertiary law. By using this research method and examining relevant legal sources, this research seeks to deepen understanding of the legal framework around customary rights and their relationship to customary land ownership of indigenous peoples. This research uses a descriptive approach, specifically using library research techniques to collect, read, study, and analyze legal materials. This technique involves gathering legal material and making use of the findings in research. The discussion emphasizes the existence and enforcement of legal protection of customary rights. Recognition and respect for customary law community units and their traditional rights, as outlined in Article 18B Paragraph 2 of the 1945 Constitution, plays an important role in providing this protection. This constitutional provision recognizes the importance of customary law communities and their rights, as long as they are in line with the development of society and the principles of the Unitary State of the Republic of Indonesia, which are further regulated by law.
KAJIAN YURIDIS PUBLIKASI FILM DI INTERNET TANPA IZIN PEMEGANG HAK CIPTA DITINJAU DARI UNDANG - UNDANG HAK CIPTA NO 28 TAHUN 2014 Muhammad Kemal Fasya; Komang Febrinayanti Dantes; Muhamad Jodi Setianto
Jurnal Ilmu Hukum Sui Generis Vol 3 No 4 (2023): Oktober, Jurnal Ilmu Hukum Sui Generis
Publisher : Universitas Pendidikan Ganesha

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23887/jih.v3i4.2771

Abstract

This research aims to (1) determine the legal consequences of uploading copyrighted film works without the creator's permission on the Internet (2) legal remedies that can be taken by copyright holders regarding copyright violations in films or cinematography published on the internet without the creator's permission. The type of research used is normative legal research, namely legal research carried out by examining library materials or secondary data. The sources of legal materials used are (1) Primary legal materials, namely legal materials consisting of statutory regulations. (2) Secondary legal materials, namely legal materials consisting of books, legal journals, opinions of scholars (doctrine), legal cases, jurisprudence, and the results of the latest symposia, which are related to research problems. (3) Tertiary legal materials, namely legal materials that provide instructions or explanations for primary legal materials and secondary legal materials. Management and analysis of legal materials where the data obtained is ordered data which is analyzed using qualitative analysis, namely after the data is collected it is then expressed in the form of a logical and systematic description, then analyzed to obtain clarity on problem solving. The results of this research show that there are still many cases of spreading film publications on the internet without permission, where the perpetrators publish films through various media on the internet, whether through film streaming websites or social media platforms such as YouTube, Facebook, Telegram, etc. This occurs due to a lack of awareness of respecting other people's creative works, where the perpetrators deliberately publish films without the creator's permission, apart from that, there is also a lack of understanding regarding the rules relating to film publication and the legal consequences arising from publishing films on the internet. without the creator's permission.
PERLINDUNGAN HUKUM DALAM JUAL BELI TANAH DI BAWAH TANGAN BERDASARKAN UNDANG-UNDANG NOMOR 5 TAHUN 1960 TENTANG PERATURAN DASAR POKOK-POKOK AGRARIA K. Hendra Mahesa; Muhamad Jodi Setianto; Komang Febrinayanti Dantes
Jurnal Ilmu Hukum Sui Generis Vol 3 No 4 (2023): Oktober, Jurnal Ilmu Hukum Sui Generis
Publisher : Universitas Pendidikan Ganesha

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23887/jih.v3i4.2777

Abstract

The purpose of this research is to recognize and assess the legal safeguards available to purchasers engaged in clandestine transactions of land rights. Additionally, it aims to scrutinize the legal ramifications that buyers face when participating in such under-the-table transactions under the framework of Law No. 5 of 1960 concerning Fundamental Agrarian Regulations. This study employs a normative juridical research approach, which seeks to establish legal truths based on normative aspects, primarily due to normative gaps. The research methodology is characterized as analytical-descriptive, designed to provide an overview of how regulations are implemented based on the currently applicable legal provisions. The process of collecting legal materials utilizes a legal materials inventory. The findings of this research indicate that legal protection for purchasers involved in clandestine land rights transactions persists in both a preventative and repressive manner. Preventative legal safeguards are grounded in the stipulations outlined in Article 1491 of the Civil Code, while repressive legal safeguards manifest as law enforcement measures encompassing a range of sanctions, including fines, compensatory measures, imprisonment, additional penalties, and other methods. The legal consequences stemming from these transactions include the inability of buyers to register the transfer of land rights or initiate the name-change process on certificates at the Local Land Office. Additionally, buyers lack substantial evidentiary support in the event of disputes or other legal issues arising regarding the land they have purchased. Furthermore, buyers are unable to independently secure certificates as collateral to obtain credit, as this process necessitates the involvement of the land seller in question.
PERLINDUNGAN KEPADA PEMEGANG HAK CIPTA SINEMATOGRAFI TERHADAP PEMBAJAKAN FILM MELALUI APLIKASI TELEGRAM BERDASARKAN UNDANG-UNDANG NOMOR 28 TAHUN 2014 TENTANG HAK CIPTA Paulus Revel Gian Raditya Dheasaputra; Si Ngurah Ardhya; Komang Febrinayanti Dantes
Jurnal Ilmu Hukum Sui Generis Vol 3 No 4 (2023): Oktober, Jurnal Ilmu Hukum Sui Generis
Publisher : Universitas Pendidikan Ganesha

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23887/jih.v3i4.2778

Abstract

This research was prepared with the aim of knowing, analyzing and studying (1) the characteristics of piracy of cinematographic works, (2) law enforcement carried out against perpetrators of piracy of cinematographic works through the telegram application based on Law Number 28 of 2014 concerning Copyright and Singapore Copyright Act 2021, as well as (3) legal protection given to copyright holders against piracy of cinematographic works based on Law Number 28 of 2014 concerning Copyright and the Singapore Copyright Act 2021. In order to answer the problem formulation in this research, a normative legal research method was used, namely Research which was carried out by examining library materials and secondary data regarding analysis from a legal perspective of Law Number 28 of 2014 concerning Copyright and the Singapore Copyright Act 2021. Through this research method, results were obtained (1) that the characteristic of piracy of cinematographic works is the act of copying recording results without permission, as well as distribution to generate personal economic gain. (2) the lack of effective enforcement of the Copyright Law in Indonesia means that piracy is still widespread in Indonesia, and (3) related to the legal protection provided in the form of preventive and repressive measures that have the same set of rules
PERLINDUNGAN KONSUMEN DALAM UPAYA PENGAJUAN GANTI KERUGIAN ATAS PENIPUAN JUAL BELI PONSEL ILEGAL PADA TRANSAKSI ELEKTRONIK MELALUI E-COMMERCE Ida Bagus Ariadi Rahadita; Si Ngurah Ardhya; Komang Febrinayanti Dantes
Jurnal Ilmu Hukum Sui Generis Vol 3 No 4 (2023): Oktober, Jurnal Ilmu Hukum Sui Generis
Publisher : Universitas Pendidikan Ganesha

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23887/jih.v3i4.2780

Abstract

This research aims to find out, analyze and examine (1) the legal basis that can be used as a basis for consumer protection in the compensation process (2) legal remedies that consumers can take if compensation is refused. In order to answer the problem formulation in this research, a normative legal research method was used, namely research carried out by examining library materials and secondary data regarding analysis from a legal perspective of Law No. 8 of 1999 concerning Consumer Protection. In relation to the type of research used, namely normative legal research, the approaches used are the statutory approach and the case approach. The technique for collecting legal materials in this research was carried out through literature research techniques, which were carried out to obtain materials and information that were relevant to the case being discussed. (1) that in electronic transactions business actors are obliged to provide correct information regarding goods being bought and sold so that there is no loss to both parties (2) that there is no responsibility by business actors for losses suffered by consumers in accordance with the provisions of Article 27 letter a of the Law -Law No. 8 of 1999 concerning Consumer Protection which is used as the basis for refusing responsibility by business actors.
PERLINDUNGAN KONSUMEN TERHADAP PENGGUNA PINJAMAN ONLINE ILEGAL DI KOTA DENPASAR Oktha Wardi Purba; Si Ngurah Ardhya; Komang Febrinayanti Dantes
Jurnal Ilmu Hukum Sui Generis Vol 3 No 4 (2023): Oktober, Jurnal Ilmu Hukum Sui Generis
Publisher : Universitas Pendidikan Ganesha

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23887/jih.v3i4.2783

Abstract

This research aims to (1) analyze legal protection for online loan consumers in terms of inappropriate information in advertisements regarding loan interest; and (2) knowing and analyzing the role and function of the OJK in providing consumer protection for illegal online loans in Denpasar City. The type of research in writing this thesis is empirical juridical which is analyzed qualitatively. The data used in this research are primary data and secondary data. Primary data is obtained from the first source, secondary data from primary, secondary and tertiary legal materials. Data collection techniques use interview techniques and document study. Meanwhile, the sampling technique in this research is non-probability sampling, which is purposive sampling. Based on the research results, it was found that (1) consumer protection regarding illegal online loans is carried out preventively and repressively through Law Number 21 of 2011 and business actors are required to pay attention to and implement the provisions of OJK regulation no. 77/POJK.07/2016; (2) The OJK's role in protecting consumers of illegal online loans in Denpasar City is carried out by providing education and literacy to the community, collaborating with the ministry and the Central OJK by forming the SWI SATGAS, updating official fintech lending data, and facilitating the public to send complaints via the website OJK APPK.
PERLINDUNGAN HUKUM BAGI KONSUMEN TERHADAP PEREDARAN KOSMETIK YANG BERBAHAYA (Studi Kasus Badan Pengawas Obat dan Makanan di Buleleng) Lucky Rahul Ferdian; Komang Febrinayanti Dantes; Si Ngurah Ardhya
Jurnal Ilmu Hukum Sui Generis Vol 3 No 4 (2023): Oktober, Jurnal Ilmu Hukum Sui Generis
Publisher : Universitas Pendidikan Ganesha

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23887/jih.v3i4.2786

Abstract

This study aims to examine and analyze consumer legal protection against the circulation of cosmetics that harm consumers as well as examine and analyze the role and responsibilities of BPOM in order to provide consumer protection for the distribution of cosmetics in Buleleng district. The type of research used is Empirical Legal Research. Data and data sources used are primary data and secondary data. Data collection techniques used are library research, interviews, and field studies. The sampling technique used was purposive sampling. Furthermore, the data obtained was processed and analyzed qualitatively. The results of the study show that preventive and law enforcement measures are taken to protect consumers from dangerous cosmetic products circulating without a distribution permit. These efforts include communication, education, inspection, prosecution, and cooperation with various related parties. In dealing with business actors who sell dangerous products, BPOM takes actions ranging from warnings to more stringent actions such as coaching and courts.
HUKUM INTERNASIONAL SEBAGAI SALAH SATU JENIS HUKUM YANG PENTING ADANYA DALAM SUATU SISTEM HUKUM Made Krishna Dwipayana Aryawan; Komang Febrinayanti Dantes; Si Ngurah Ardhya; Muhamad Jodi Setianto
Ganesha Law Review Vol. 4 No. 2 (2022): November
Publisher : Program Studi Ilmu Hukum, Jurusan Hukum dan Kewarganegaraan, Fakultas Hukum dan Ilmu Sosial, Universitas Pendidikan Ganesha

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23887/glr.v4i2.1422

Abstract

This study aimed to determine: (1) The definition of international law, (2) The history of international law, (3) The role of international law in resolving conflicts between countries. The data processing and analysis techniques in this article used a qualitative method with a literature review design. The results of the study indicated that International Law is one type of law that is important in its existence in a legal system. Therefore, we as students majoring in law, need to know the basics of this international law such as knowing the meaning, history and sources of law. In addition, international law is also useful for every country in the world, especially for countries that are experiencing conflict. This international law can be used to solve these problems so that peace between countries can be created.
DINAMIKA HUKUM INTERNATIONAL SEBAGAI SUBSTANSI ETIKA ANTAR NEGARA DI DUNIA Sang Made Merta Widnyana; Komang Febrinayanti Dantes; Si Ngurah Ardhya; Muhamad Jodi Setianto
Ganesha Law Review Vol. 4 No. 2 (2022): November
Publisher : Program Studi Ilmu Hukum, Jurusan Hukum dan Kewarganegaraan, Fakultas Hukum dan Ilmu Sosial, Universitas Pendidikan Ganesha

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23887/glr.v4i2.1423

Abstract

The purpose of this paper is to provide an understanding of International Law that is reviewed in general through research and study by experts and characteristics related to International Law with a view on the behavior and relations between countries regarding the application of International Law In the past and in times like the present that have undergone several processes of globalization that cause changes in the times and changes in the behavior of every society in the country related to aspects of International Law.Based on the results of the discussion that can be concluded that all kinds of actions and behaviors of objects and subjects in International Law is a discussion that becomes a real point in International Law ranging from Relations between States, International Organizations, Individuals, or even Companies struggling in the multinational field are things discussed and reviewed in International Law.
PANDANGAN HUKUM HUMANITER INTERNASIONAL TERHADAP KONFLIK PERSETERUAN BERSENJATA ISRAEL-PALESTINA Zelda Farah Ardiata; Komang Febrinayanti Dantes; Si Ngurah Ardhya; Muhamad Jodi Setianto
Ganesha Law Review Vol. 4 No. 2 (2022): November
Publisher : Program Studi Ilmu Hukum, Jurusan Hukum dan Kewarganegaraan, Fakultas Hukum dan Ilmu Sosial, Universitas Pendidikan Ganesha

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23887/glr.v4i2.1424

Abstract

The purpose of this paper is to provide an understanding of International Law that is reviewed in general through research and study by experts and characteristics related to International Law with a view on the behavior and relations between countries regarding the application of International Law In the past and in times like the present that have undergone several processes of globalization that cause changes in the times and changes in the behavior of every society in the country related to aspects of International Law.Based on the results of the discussion that can be concluded that all kinds of actions and behaviors of objects and subjects in International Law is a discussion that becomes a real point in International Law ranging from Relations between States, International Organizations, Individuals, or even Companies struggling in the multinational field are things discussed and reviewed in International Law.
Co-Authors Abed Nego Tampubolon Ardhya, Si Ngurah Bunga Purnama Sihombing Dewa Ayu Diah Ambarawati Dewa Gede Suardipa Usada Kramas Gde Otong Cucumandalin Halim Al Hafizh I Dewa Gede Herman Yudiawan I Gede Bagus Wira Adhitia Susanta I Gusti Ayu Apsari Hadi I Gusti Kade Agung Arka Yoga I Gusti Ngurah Ari Karuniawan I Made Dwitya Surya Nugraha I Made Lanang Sudarmayana I Made Yogi Darmawan I Nengah Suastika I Nyoman Tegar Seputra I Wayan Kertih I Wayan Lasmawan Ida Bagus Ariadi Rahadita K. Hendra Mahesa Kadek Dwi Elvitriana Kadek Novi Darmayanti Kadek Rio Teguh Adnyana Ketut Sari Adnyani Komang Dandi Permana Yudha Komang Diah Prabawati Lucky Rahul Ferdian Lughelsa Wiliang Nisandra Luh Putu Marchiella Andia Risty M.Si Drs. Ketut Sudiatmaka . Made Adi Pranasitha Dewi Made Krishna Dwipayana Aryawan Moh. Firman Amrulloh Muhamad Jodi Setianto Muhammad Kemal Fasya Ni Ketut Sari Adnyani Ni Komang Irma Adi Sukmaningsih Ni Komang Putri Sari Sunari Wangi Ni Luh Putu Lusi Ayupratiwi Ni Luh Wayan Yasmiati Ni Putu Ega Parwati Ni Putu Eva Pradnya Wulandari Ni Putu Rai Yuliartini Nova Eriza Suryani Br Manik Nur Widyas Junior Timbeng Oktha Wardi Purba Paulus Revel Gian Raditya Dheasaputra Putu Agus Rio Krisnawan Putu Artadi, Putu Cyntia Alika Paramitha Putu Riski Ananda Kusuma Putu Sinta Dewi Safira Shizuoka Suardana Sang Made Merta Widnyana Zelda Farah Ardiata