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All Journal Sociological Jurisprudence Journal KERTHA WICAKSANA Jurnal Konstruksi Hukum Jurnal Interpretasi Hukum Jurnal Preferensi Hukum (JPH) Community Services Journal (CSJ)

Arini, Desak Gde Dwi

Universitas Warmadewa

Author-ID : 984558

Law, Crime, Criminology & Criminal Justice Social Sciences

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Legal Protection for Village Credit Institutions as a Financial Business Entity Exploited to Resolve the Bad Credits in the Customary Village of Kerobokan Dewi, Anak Agung Sagung Laksmi; Arini, Desak Gde Dwi; Ujianti, Ni Made Puspasutari
Sociological Jurisprudence Journal Vol 2, No 1 (2019)
Publisher : Fakultas Hukum, Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/scj.2.1.985.41-45

The existence of customary rule sanctions in the resolution of the issues of bad credits within village credit institutions in the customary village of Kerobokan has been included as one of banking laws that is legally entitled to receive legal. This research aimed to the positioning of customary law sanctions in resolving bad loans at VCI Kerobokan Customary Village and to know the forms of legal protection for VCI and how are the bad loans of customers from outside the traditional villages in Kerobokan. The method used in this research is normative legal research, namely to conduct library research by reviewing literature and analyzing statutory regulations relating to applicable provisions on VCI. This research found the settlement of the bad credit at the customary village of Kerobokan is manifested into ways. The first through preventive legal efforts, that is to say, the very moment of signing the contracts, the customers are sure to have all their incumbencies. The second is through repressive efforts that must be made on the basis of good faith. The implementation of the civil law is that the form of retribution and customary law from the customary village. Keywords: Bad Credits; Legal Protection; Village Credit Institutions; Village-Owned Enterprises

Pelaksanaan Eksekusi Benda Jaminan Kredit yang Tidak Mencukupi untuk Pelunasan Utang di Koperasi Guna Arta Karangasem I Gede Agus Wira Sanjaya; I Nyoman Putu Budiartha; Desak Gde Dwi Arini
Jurnal Konstruksi Hukum Vol. 2 No. 1 (2021): Jurnal Konstruksi Hukum
Publisher : Warmadewa Press

This study aims to determine the credit agreement or business loan between the customer and the cooperative and to find out the settlement in the event of a dispute in the credit agreement between the customer and the cooperative. This study uses empirical research methods where the method is based on positive law and norms. The results showed that the agreement made between the cooperative and the customer is based on the agreement of the parties who are ready to carry out their obligations and get rights. The obligation of the cooperative to provide loan funds to customers is the right of the cooperative to benefit from interest from customer loan funds. The obligation of the customer to pay the loan on time that has been agreed upon because he has lent funds, the right of the customer to get a loan for the customer's needs according to the agreement of the parties. Then, the agreement of the parties is not a guarantee that there will be no default, the importance of a legal attorney in an agreement makes it easier to resolve problems between the parties. Legal attorneys provide options for ending the case through the court (litigation) and settlement in a family way (non-litigation). Most parties use the non-litigation route because they want everything to be done quickly but at low cost. If the non-litigation solution does not find a middle ground, the case will proceed to court. Judge's rule applies to parties in litigation from the time until the costs incurred. Those who lost are willing to be asked for compensation for their actions.

Implementasi Peraturan Daerah Kabupaten Badung Nomor 7 Tahun 2012 tentang Pengaturan Pasar Tradisional di Kabupaten Badung I Putu Gede Murditayasa; I Nyoman Putu Budiartha; Desak Gde Dwi Arini
Jurnal Konstruksi Hukum Vol. 2 No. 1 (2021): Jurnal Konstruksi Hukum
Publisher : Warmadewa Press

Traditional markets are meeting place for traders and buyers, where trade is carried out by negotiation and bargaining. However, along with the times there has been a decline in the performance of traditional markets due to the existence of modern markets and the weak competitiveness of entrepreneurs conducting activities in traditional markets. This study aims to explain the procedures for implementing the revitalization of the Regional Regulation of Badung Regency Number 7 of 2012 concerning the regulation of traditional markets in Badung Regency and to analyze the inhibiting factors for the implementation of the Regional Regulation. This study uses an empirical legal research type using a statutory approach. The data used are primary and secondary data. The results show that the implementation of the revitalization of traditional market development in the Badung area is one of the moves by the government in charge of the regions in terms of reviving and re-developing markets which previously experienced a decline due to competition with growing modern markets, for this reason, the promulgation of regional regulation number 7 2012 concerning the arrangement and fostering of traditional markets, shopping centers and modern shops to make the existence of traditional markets better and their development, the second obstacle to the implementation of regional regulation number 7 of 2012 concerning the arrangement and development of traditional markets, shopping centers and modern shops lies in the enforcement factor, regulations, funding factors, management factors and community factors.

Tanggung Jawab Pihak Asuransi Terhadap Perjanjian Kredit Bank Dalam Hal Debitur Meninggal Dunia Ni Putu Purnama Wati; Ni Luh Made Mahendrawati; Desak Gde Dwi Arini
Jurnal Konstruksi Hukum Vol. 2 No. 1 (2021): Jurnal Konstruksi Hukum
Publisher : Warmadewa Press

Credit agreements are usually accompanied by a collateral agreement and an insurance agreement. This insurance agreement is a means of transferring risk for the bank, especially life insurance in the event of a debtor's death, besides credit can also fall to the heirs if the debtor dies before paying off the remaining credit. This study aims to analyze the legal consequences of the Bank's Credit Agreement in the event that the Debtor dies and to find out the responsibility of the Insurance Party for the Bank's Credit Agreement in the event the Debtor dies. This study uses a normative research method with a statutory approach and a conceptual approach. The results show that the legal consequence of the credit agreement in the event that the debtor dies, there are two possibilities, namely that the credit goes to the heirs as regulated in article 833 of the Civil Code (Burgerlijk Wetboek) or the guarantee is executed by the bank, and the second possibility is that the credit is written off due to a life insurance clause or a life insurance agreement with a banker's clause, which means that the insurance company must be responsible for paying off the remaining debts of the debtor who died according to the terms and conditions of the policy, otherwise the interested party can file a summons to sue the insurance company. From this, the conclusion is that the parties must fully understand the contents of the credit agreement made, so that later if this risk occurs, there will be clarity on the payment of the debtor's remaining debt.

Perlindungan Hukum Para Pihak dalam Perjanjian Jual Beli Melalui Media Elektronik Pande Bagus Yoga Pratama Putra; I Nyoman Putu Budiartha; Desak Gde Dwi Arini
Jurnal Konstruksi Hukum Vol. 2 No. 1 (2021): Jurnal Konstruksi Hukum
Publisher : Warmadewa Press

Electronic commerce (E-commerce is basically an act in which contact online transactions using the internet media, and also the existence of E-Commerce is a promising business alternative to be implemented today. This study aims to analyze the validity of the sale-purchase agreement through the media. electronic or internet according to Law No. 11 of 2008 and knowing the form of legal protection for parties in sale and purchase agreements through electronic media in the event of a failure. The research method used is normative legal research with a bullying approach. wan achievement, the party who is responsible for all legal consequences in the implementation of electronic transactions is if it is done alone, all legal consequences in the execution of the transaction are the responsibility of the transacting parties if it is done by granting power of attorney all legal consequences in the implementation of t Electronic transactions are the responsibility of the attorney if done through an electronic agent. All legal consequences in the implementation of electronic transactions are the responsibility of the electronic agent operators. It's simple if in this case an honest character is needed in good faith, where the seller and the buyer must be honest with each other, there are no parties and are harmed for their benefit only so that a valid agreement occurs, and also the goods being traded do not violate the law in Indonesia, such as sharp weapons, protected animals, human trafficking, and drugs.

Penyelesaian Sengketa Transaksi Bisnis Elektronik Commerce Melalui Internet Anak Agung Bagus Sempidi Junior; Anak Agung Sagung Laksmi Dewi; Desak Gde Dwi Arini
Jurnal Konstruksi Hukum Vol. 2 No. 2 (2021): Jurnal Konstruksi Hukum
Publisher : Warmadewa Press

Development of information technology through legal infrastructure and its regulation so that the use of Information Technology is carried out safely to prevent its misuse by taking into account the religious and socio-cultural values of the Indonesian people. . The research method uses normative legal research and problem approaches using statutory and conceptual approaches. The results of the study show that consumer legal protection in online Electronic Commerce business transactions is regulated through online sale and purchase agreements based on conventional formal and material terms accompanied by buying and selling transactions carried out electronically through computer media. Settlement of disputes in e-commerce business transactions via online, is carried out both non-litigation and litigation. The suggestion is to the Government, it is hoped that participation in solving problems is very important, if a case like this occurs between different countries, then the settlement of this problem must be determined which legal rules will be used to solve it. The purpose of this study is to determine legal protection for consumers in electronic commerce business transactions through online, and how to resolve disputes that occur in electronic commerce business transaction agreements through online

Perlindungan Hukum Bagi Konsumen dalam Praktek Bisnis Pinjaman Online Ilegal Anak Agung Gede Candra Kusuma; Ni Luh Made Mahendrawati; Desak Gde Dwi Arini
Jurnal Konstruksi Hukum Vol. 3 No. 2 (2022): Jurnal Konstruksi Hukum
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55637/jkh.3.2.4850.426-431

Online loans that are developing in today's society will certainly be very helpful, the problem is when people are involved in illegal online loan transactions which often use unjustified methods of collecting. The purpose of this research is to analyze the regulation of online loan transactions in Indonesia and to discuss forms of legal protection for consumers in illegal online loan transactions. The research method used is a normative research type by examining library materials as primary data and secondary data from books and legal journals. The data collection technique of this research is to record and document. And the data analysis technique is by reviewing books, literature and electronic media related to this research. The results of this research indicate that currently legal protection for people involved in illegal online loan transactions is still lacking, because people find it difficult to distinguish between legal online loan financing institutions and which online loan financing institutions are illegal. In this case, an active role from the OJK is needed to oversee the growth of illegal online loans in the community as regulated in the Financial Services Authority Regulation No. 77 of 2016 concerning the implementation of online-based loan transactions, besides that the protection of people involved in online loan transactions is regulated in Law no. 8 of 2019 concerning consumer protection to prevent arbitrariness by online loans to the public.

Akibat Hukum Batalnya Permohonan Pendaftaran Hak Tanggungan Elektronik menurut Peraturan Menteri ATR/BPN Nomor 5 Tahun 2020 I Made Yoga Bisama; Anak Agung Istri Agung; Desak Gde Dwi Arini
Jurnal Konstruksi Hukum Vol. 3 No. 2 (2022): Jurnal Konstruksi Hukum
Publisher : Warmadewa Press

The president cannot regulate all areas of government independently, the government is formed such as the National Land Agency to create a land system in Indonesia. The land sector is related to Mortgage Rights because it is important where banks as creditors to the public need capital with objects being used as collateral by debtors. Technological advances brought changes, previously Mortgage was registered manually which was complicated and convoluted then gave rise to Electronic Mortgage Registration. The purpose of this research is to analyze the process of completing the cancellation of electronic mortgage registration according to the Minister of ATR/BPN Regulation Number 5 of 2020, and to understand the legal consequences of the cancellation of an electronic mortgage registration application according to the Regulation of the Minister of ATR/BPN Number 5 of 2020. The research method used is a type of empirical research using a sociological approach. The sources of legal materials for this research are primary and secondary sources. Data collection techniques used interview techniques, and recorded and documented data materials. This research discusses the process of completing the cancellation of registration and the legal consequences of canceling the application for registration of electronic mortgages according to the Minister of ATR/BPN Regulation Number 5 of 2020. The results of this research indicate that the settlement process in the event of cancellation of Electronic Mortgage Rights is by completing the conditions stipulated in Article 1 paragraph (1) Regulation of the Minister of Agrarian Affairs Number 5 of 1996 and the Legal Consequences of the Cancellation of the Application for Electronic Mortgage Rights, the debtor registers and pays PNBP again.

Perlindungan Hukum bagi Konsumen terhadap Kerugian dalam Layanan Penggunaan Paket Internet provider Nurin Fitriana Ulfa; I Nyoman Putu Budiartha; Desak Gde Dwi Arini
Jurnal Interpretasi Hukum Vol. 1 No. 1 (2020): Jurnal Interpretasi Hukum
Publisher : Warmadewa Press

Legal protection for consumers is a process of protection provided to consumers in their efforts to obtain the desired goods and/or services and the possibility of a loss in using them, the law applies to protect consumers. This study aims to find out the legal protection for consumers of providers against losses in the use of internet data packages that have used up but have not received notification and responsibility of the provider for the loss of consumers of internet data package users. The method used in this study is empirical legal research using a statutory, conceptual and sociological approach. Primary and secondary data is data used in this study. Then this study was analyzed qualitatively. Based on the analysis, the results of this study indicate that the legal protection for consumers against losses in services using the internet provider package is the process of resolving disputes with accountability by Telkomsel. Liability as an effort to protect consumers from the provider to consumers that results in consumer losses in the form of credit cuts has not been fully implemented, because not all provider problems will be given compensation in any form.

Perlindungan Hukum Pekerja Rumah Tangga dalam Hubungan Kerja Penuh Waktu Luh Eni Pribadi; I Nyoman Putu Budiartha; Desak Gde Dwi Arini
Jurnal Interpretasi Hukum Vol. 1 No. 1 (2020): Jurnal Interpretasi Hukum
Publisher : Warmadewa Press

A household assistant is someone who has basic duties and functions such as washing, cooking, cleaning the house, caring for the employer's child and various other tasks assigned by the employer. This study aims to analyze the form of legal protection of domestic workers in full-time employment relationships and find out the role of the Domestic Workers Distribution Agency in Full-time Work Relationships according to the Republic of Indonesia PERMENAKER No. 2 of 2015. The method used in this study is the normative method, sourced from primary and secondary legal materials. The results show that the form of legal protection for domestic workers has been set forth in the regulation of the Minister of Manpower Number 2 of 2015, as an effort to provide protection for domestic workers, to fulfill their rights as workers. Then, the role of the domestic worker supplier agency is as an intermediary to bring workers and employers together, the institution has the obligation to select prospective employers so that domestic workers do not fall into the wrong hands, the institution must also examine workers whether the workers are good and honest people so that no party who is harmed. Through this research, it is hoped that the government, especially in the field of Manpower, will further socialize the Minister of Manpower Regulation No. 2 of 2015 so that there is no violence against domestic workers. In addition, in preventing the occurrence of undesirable things to domestic workers, the channeling institution should pay more attention to the workers who are being dispatched, be more in depth with the background and origin of the prospective employer, supervise domestic workers by asking how the situation is and how the employer treats Domestic workers both by telephone and mail.

Co-Authors AA Mas Pradnyandari Mantara Anak Agung Ayu Agung Cleo Bayu Pertiwi Anak Agung Bagus Sempidi Junior Anak Agung Gede Candra Kusuma Anak Agung Gede Rizky Pramana Anak Agung Istri Agung Anak Agung Sagung Laksmi Dewi Desak Ade Devicia Cempaka Diah Gayatri Sudibya Dwi Purnawan Dodik Saputra Frederika Ni Made Dwita Noviyanti Gede Agus Wiadnyana Gofin Sahensa Pradana I Gede Agus Wira Sanjaya I Gede Vera Yudana I Gusti Ayu Intan Surya Dewi I Kadek Bayu Antara I Kadek Duta Anugrah I Made Agus Angga Kusuma Putra I Made Arjaya I Made Krisnan Wijaya Putra I Made Minggu Widyantara I Made Rai Sukerta I Made Wiratama I Made Yoga Bisama I Nyoman Gede Sugiartha I Nyoman Puru Budiartha I Nyoman Putu Budiartha I Nyoman Putu Budiartha I Putu Gede Murditayasa I Putu Rusdi Eka Pratama I Wayan Gede Alfitra Surya Wijaya Ida Ayu Gede Wulandari Ida Ayu Surya Dwijayanti Johannes Ibrahim Kosasih Kadek Anggik Dwiyanti Kadek Della Ayu Saputri Karma, Ni Made Sukaryati l Gede Surya Mardita Putra Luh Eni Pribadi Luh Made Mahendrawati Made Bagus Rizal Raysando Mey Anjani Nella Hasibuan OLeary Ni Gusti Ketut Sri Astiti Ni Komang Arini Setyawati Ni Luh Dwi Ega Mileniawati Ni Made Harini Ni Made Puspasutari Ujianti Ni Putu Purnama Wati Ni Wayan Lusiana Sari Nurin Fitriana Ulfa Pande Bagus Yoga Pratama Putra Putu Ayu Sriasih Wesna Putu Berliana Prema Swari Putu Budiartha, I Nyoman Putu Inten Kanaya Putu Suryani . Rofi Kurniawan Rustandi Yosef Primus Bana

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