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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) Jurnal Analogi Hukum Community Service Journal of Law
Arini, Desak Gde Dwi
Universitas Warmadewa
Law, Crime, Criminology & Criminal Justice Social Sciences

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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 : Fakultas Hukum, Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/juinhum.1.1.2192.89-94

Abstract

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.
Pelaksanaan Perlindungan Konsumen Obat-Obatan dalam Kefarmasian I Putu Rusdi Eka Pratama; I Nyoman Putu Budiartha; Desak Gde Dwi Arini
Jurnal Interpretasi Hukum Vol. 2 No. 1 (2021): Jurnal Interpretasi Hukum
Publisher : Fakultas Hukum, Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/juinhum.2.1.3097.84-88

Abstract

Technological advances have helped in the discovery of the latest medicines, this has further strengthened healthcare providers. However, this is not the case with consumers (patients). Consumers are less aware of their rights as users of goods and services so that which ones are good and which are bad, and which are really needed, consumers leave completely to competent health workers. This study aims to explain the legal protection of drug consumers for pharmaceutical services and to explain the liability of pharmaceutical companies regarding the losses suffered by drug consumers. This research used empirical law. Primary data sources were obtained by conducting field research with interview techniques and secondary data obtained by library research consisting of primary and secondary legal materials. The results showed that the legal protection of drug consumers in pharmaceutical services, which contains the rights and obligations of consumers as well as the rights and obligations of pharmaceutical companies as business actors. In principle, consumer legal protection is regulated in Law Number 8 of 1999 concerning Consumer Protection, in practice in pharmacies, legal protection for drug consumers is in accordance with applicable regulations and has been effective and conducive, then the responsibility of pharmaceutical companies for consumer losses drugs have provided compensation for material and immaterial damages when consumers are harmed.
Pemberian Kredit dengan Jaminan Fidusia pada PT Bank Mayapada Internasional Cabang Denpasar pada Masa Covid-19 Kadek Della Ayu Saputri; I Nyoman Putu Budiartha; Desak Gde Dwi Arini
Jurnal Interpretasi Hukum Vol. 2 No. 1 (2021): Jurnal Interpretasi Hukum
Publisher : Fakultas Hukum, Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/juinhum.2.1.3101.103-108

Abstract

Fiduciary is one of the efficient guarantees for people who need funds amid the Covid-19 pandemic as is known the impact of this pandemic can be seen in the economic sector in Indonesia Banks are an effective intermediary institution as a channel for funds for productive financing activities which will encourage economic growth itself In this study discusses how PT Bank Mayapada Internasional Denpasar Branch provides policies in the midst of a pandemic like this then regarding the implementation of providing credit with fiduciary guarantees during the Covid-19 period as well as regarding the settlement of defaults related to providing credit with fiduciary guarantees during the Covid-19 period The type of research used is empirical legal research Based on the results of the study it is concluded that the implementation of the provision of credit during this pandemic begins with submitting a restructuring application then conducts analysis such as cash flow latest financial report checking account for the last three months collateral condition debtor s business visit and finally a new agreement is made Then the settlement of default is done by restructuring then mediation and finally by bringing the guarantee to the auction body.
Pelaksanaan Perlindungan Hukum bagi Pemilik Hak Cipta Musik dan Lagu dalam Pembayaran Royalti oleh Yayasan Karya Cipta Indonesia Ni Made Harini; I Nyoman Putu Budiartha; Desak Gde Dwi Arini
Jurnal Interpretasi Hukum Vol. 2 No. 1 (2021): Jurnal Interpretasi Hukum
Publisher : Fakultas Hukum, Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/juinhum.2.1.3111.89-94

Abstract

Copyright gives an exclusive title to the work of the author which is granted by law as an award. The copyright function protects creators from copyright infringement. This study aims to explain the form of legal protection for music and song copyright owners in royalty payments by the Indonesian copyright works foundation and to describe what factors influence royalty payments and dispute resolution efforts faced by music and song copyright holders in royalty payments by the Karya Foundation. Indonesian copyright. This type of research is an empirical legal research with a conceptual approach to legal issues of fact and sociology. The data sources used were primary and secondary legal materials. The results of the study indicated that copyright is regulated in Law Number 28 of 2014 concerning Copyright. The form of copyright law protection, namely legal protection of moral rights and legal protection of economic rights. Creators and the KCI Foundation have rights and obligations, in the process of paying royalties experiencing several obstacles and supporters experienced by the KCI Foundation creators and copyright users. Dispute settlement efforts through alternative arbitration and court dispute resolution.
Pelaksanaan Perjanjian Sewa Beli Kendaraan Bermotor Akibat Overmacht Karena Covjd-19 di PT. Federal International Finance(FIF) Kabupaten Karangasem Anak Agung Ayu Agung Cleo Bayu Pertiwi; I Nyoman Putu Budiartha; Desak Gde Dwi Arini
Jurnal Interpretasi Hukum Vol. 2 No. 2 (2021): Jurnal Interpretasi Hukum
Publisher : Fakultas Hukum, Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/juinhum.2.2.3393.223-228

Abstract

The financial sector in Indonesia is a sector that is most important than advancing and developing the level of the economy. This of course needs to be maintained both by banks and other financial institutions so that the process of economic development in Indonesia is not delayed. Moreover to maintain this thing, it is necessary to make improvements which in particular do it with financial institutions and of course not banks. The purpose of this study is to reveal the factors that cause overmacht due to Covid-19 at PT. Federal International Finance (FIF) Karangasem Regency and efforts to resolve the overmacht due to Covid-19 at PT. Federal International Finance (FIF) Karangasem Regency. This research method using empirical legal research with a literature study approach. The sources of data used are primary data and secondary data. Data collection techniques by observing, interviewing and documentation methods. After primary legal data and secondary legal data are collected, the data will then be processed and analyzed using systematic legal data processing methods. The research results reveal that some of the problems identified lie in internal and external factors where these problems cannot be borne by the consumer and beyond the control of the consumer himself. The overmatch settlement is carried out by using non-litigation.
Azas Kebebasan Berkontrak dalam Perjanjian Keagenan Gede Agus Wiadnyana; I Nyoman Putu Budiartha; Desak Gde Dwi Arini
Jurnal Interpretasi Hukum Vol. 2 No. 2 (2021): Jurnal Interpretasi Hukum
Publisher : Fakultas Hukum, Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/juinhum.2.2.3422.268-273

Abstract

In an agency agreement in the form of a standard order, it appears that the parties are not free to jointly determine the contents of the agreement with the principle of freedom of contract. The position of the principal is economically stronger when compared to the agent. This research aims to analyze the principle of freedom of contract in agency agreements. legal protection of agents based on the principle of freedom. The research method uses normative legal research with a library research approach. The legal sources used are primary, secondary, and tertiary legal materials. Technique of calculating or tracing legal materials in the list or grouped, and using methods of noting, recording, quoting, summarizing, and reviewing as needed and written systematically. The result of the research indicates that the principle of freedom of contract has not been fully realized in an agency agreement, considering that the agency agreement is in the form of a standard agreement. The freedom that cannot be realized is the freedom of the parties to determine the form of the agreement and the freedom of the parties to determine the conditions, as well as legal protection for agents who are in a weak position in the agency agreement. namely the law on the business activities of agents. Protection provided by the government's protection for citizens who are agents of commercial competition.
Perlindungan Hukum Hak Cipta Atas Karya Motif Batik Galuh Di Kabupaten Gianyar AA Mas Pradnyandari Mantara; I Nyoman Putu Budiartha; Desak Gde Dwi Arini
Jurnal Interpretasi Hukum Vol. 2 No. 2 (2021): Jurnal Interpretasi Hukum
Publisher : Fakultas Hukum, Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/juinhum.2.2.3434.320-327

Abstract

Legal protection for intellectual works is not only shown to works whose copyright has been registered, but also to those whose copyrights have not been or are not registered at all. The purpose of this study is to determine the legal protection of Galuh batik motifs in Gianyar Regency according to Law Number 28 of 2014 concerning copyright and to find out the copyright registration for Galuh batik business in Gianyar Regency. The author uses the type of empirical legal research, namely research by means of interviews which primary data are known as field research. The data needed in this study are primary and secondary data. Based on the results of the study, it can be concluded that the legal protection of Galuh batik motifs in Gianyar Regency based on Law Number 28 of 2014 concerning copyright, namely Galuh Batik has not received optimal legal protection. If in the future there is a dispute, then the Batik Galuh Party can take it with a Civil Dispute settlement. The registration process for Batik Galuh copyright still uses a manual system and the process is completed in less than 3 weeks to 1 month.
Perlindungan Hukum Terhadap Pemegang Merek Clothing I Made Agus Angga Kusuma Putra; Anak Agung Istri Agung; Desak Gde Dwi Arini
Jurnal Interpretasi Hukum Vol. 2 No. 2 (2021): Jurnal Interpretasi Hukum
Publisher : Fakultas Hukum, Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/juinhum.2.2.3448.397-402

Abstract

Trademarks are one of the most disputed intellectual property rights. The number of brand counterfeiting events conducted to gain profit by shortcuts, namely by violating business ethics, norms, and laws certainly do not make trade good and worsen the image as a violation of IPR. The purposes of this research are to examine the form of legal protection against registered clothing brand holders and to analyze the legal consequences for businesses that market clothing brands without a license? This research uses normative legal research methods by using statutory approach. Law No. 20 of 2016 and Law No. 5 of 1999 source to know criminal sanctions and also civil sanctions against businesses that use the brand without a permit. The results of this study show a form of legal protection against registered brand holders in the form of exclusive rights granted by the state to registered brand owners. Legal consequences for businesses that market brands without a license can be penalized as follows, in article 382bis criminal code can also be penalized i.e. material acts are threatened with a maximum prison sentence of one year and a fine as high as nine hundred million rupiah.
Perlindungan Hukum terhadap Konsumen atas Pembatalan Tiket Keberangkatan Pengangkutan Udara Akibat Pandemi Covid-19 Putu Inten Kanaya; I Nyoman Putu Budiartha; Desak Gde Dwi Arini
Jurnal Interpretasi Hukum Vol. 3 No. 1 (2022): Jurnal Interpretasi Hukum
Publisher : Fakultas Hukum, Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/juinhum.3.1.4636.43-48

Abstract

One of the public transportation sectors affected by the COVID-19 pandemic is air transportation. Many cities or countries have imposed a system of lockdown or social distancing in their territory, resulting in almost all flights being cancelled. The purpose of this study is to analyze the form of legal protection for consumers who experience cancellations due to the COVID-19 pandemic? And discussed the form of responsibility of the air transportation company towards the obligation to refund air transportation departure tickets that were canceled due to the covid-19 pandemic. This study uses normative law as its method with conceptual and legislation as its approach. There are three sources used in this research, namely primary, secondary, and tertiary legal materials. The legal materials contain the 1945 Constitution, the Criminal Code, the Consumer Protection Act, the Aviation Law and the Disaster Management Law, the Minister of Transportation, Government Regulations, legal journals, and other legal-related literacy. These materials are collected by means of recording techniques, file systems, and document studies which will later be analyzed systematically. The forms of legal protection listed in the results of this study show a form of legal protection for consumers who experience cancellation of departures due to the COVID-19 pandemic in the form of rights and consumer obligations described in Law no. 1 of 2009 regarding Aviation and Law no. 8 of 1999 regarding Consumer Protection. The responsibility of the air transportation company for the obligation to refund flight departure tickets that were canceled due to the covid-19 pandemic is to apply a refund mechanism in the form of vouchers
Perjanjian Kerjasama Antara Pt. Pertamina (Persero) dengan Pengusaha Agen Penyaluran dan Pemasaran Gas Elpiji 3 Kg Rofi Kurniawan Rustandi; I Nyoman Putu Budiartha; Desak Gde Dwi Arini
Jurnal Interpretasi Hukum Vol. 3 No. 1 (2022): Jurnal Interpretasi Hukum
Publisher : Fakultas Hukum, Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/juinhum.3.1.4637.49-54

Abstract

The agreement is the thing that is most often done by everyone, thus, the act by one or more people binding himself to another person or more is the meaning of the agreement. The purpose of this study is to discuss the arrangement of the cooperation agreement between PT. Pertamina (Persero) with business agents for distribution and marketing of 3 Kg LPG and to examine the process of realizing the balance of rights and obligations in the cooperation agreement between PT. Pertamina (Persero) with business agents for distribution and marketing of 3 Kg LPG gas. This study uses a normative legal research method, with a statutory approach and a conceptual approach. The primary sources of legal material for this research are the Civil Code, Law No. 19 of 2003 and Law No. 22 of 2001. The secondary sources of legal materials for this research are law books or legal journals. Data collection techniques using recording techniques, file systems, and document studies which will be analyzed systematically. The results obtained from this study are the legal basis for the arrangement of the agreement in the Civil Code Articles 1313, 1320, and 1338, as well as the arrangement of the balance of rights and obligations of the cooperation agreement as regulated in the Agency Law. The government pays attention to the business activity sector by business actors, regarding the clauses of the 3 Kg LPG agency agreement
Co-Authors A.A. Bagus Amlayasa AA Mas Pradnyandari Mantara Agus Ngurah Krisna Kepakisan Anak Agung Ayu Agung Cleo Bayu Pertiwi Anak Agung Ayu Erna Trisnadewi Anak Agung Ayu Indira Diana Dewi. S Anak Agung Bagus Sempidi Junior Anak Agung Bagus Yoga Pramana Anak Agung Gede Candra Kusuma Anak Agung Gede Rizky Pramana Anak Agung Istri Agung Anak Agung Nia Listiari Cok Gde Agung Santika Putra Cok Gede Bagus Putra Premana Pemayun Desak Ade Devicia Cempaka Desak Ade Devicia Cempaka Dewi, A.A Sagung Laksmi Diah Gayatri Sudibya Dwi Nova Indriyani 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 Agung Satrya Wiguna S I Gusti Ayu Intan Surya Dewi I Gusti Ketut Sri Astiti I Kadek Bayu Antara I Kadek Duta Anugrah I Komang Adhi trisna Saputra I Komang Arya Wisnu Amerta I Komang Ngurah Wirya Jaya I Made Agus Angga Kusuma Putra I Made Arjaya I Made Krisnan Wijaya Putra I Made Minggu Widyantara I Made Rai Sukerta I Made Wira Manik Prayascita I Made Wiratama I Made Yoga Bisama I Nyoman Gede Sugiartha I Nyoman Puru Budiartha I Nyoman Putu Budiartha I Nyoman Putu Budiartha I Nyoman Putu Budiartha I Nyoman Sukandia I Nyoman Sumardiana I Putu Gede Murditayasa I Putu Haris Parwita I Putu Rusdi Eka Pratama I Wayan Gede Alfitra Surya Wijaya Ida Ayu Gede Wulandari Ida Ayu Gede Wulandari Ida Ayu Surya Dwijayanti Johannes Ibrahim Kosasih Johannes Ibrahim Kosasih Kadek Anggik Dwiyanti Kadek Della Ayu Saputri Kadek Indra Yuda Karma, Ni Made Sukaryati Kristian Ananta Dion l Gede Surya Mardita Putra Luh Eni Pribadi Luh Made Mahendrawati Luh Putu Sudini Luh Putu suryani Luh Putu Suryani Made Bagus Rizal Raysando Manaon Damianus Sirait Mey Anjani Nella Hasibuan O'leary Nella Hasibuan OLeary Nengah Ganawati Nengah Ganawati Nengah Ganawati Ni Gusti Ketut Sri Astiti Ni Gusti Ketut Sri Astiti Ni Gusti Ketut Sri Astiti Ni Gusti Ketut Sri Astiti Ni Kadek Diah Sri Laksmi Dewi Ni Kadek Sintia Dewi Ni Ketut Diah Prihandani Ni Komang Arini Satyawati Ni Komang Arini Setyawati Ni Luh Debby Srinitha Mulyani Ni Luh Dwi Ega Mileniawati Ni Luh Mahendrawati Ni Made Dwi Wulandari Ni Made Harini Ni Made Puspasutari Ujianti Ni Made Widya Pratiwi Ni Putu Nita Erlina Sari Ni Putu Purnama Wati Ni Wayan Lusiana Sari Nurin Fitriana Ulfa Pande Bagus Yoga Pratama Putra Putri Alam Prabancani Putu Ayu Sriasih Wesna Putu Ayu Sriasih Wesna Putu Ayu Sriasih Wesna Putu Ayu Sriasih Wesna Putu Bagus Gandiwa Dhanandjaya Putu Berliana Prema Swari Putu Budiartha, I Nyoman Putu Inten Kanaya Putu Suryani . Rivaldo Avianto Rofi Kurniawan Rustandi Sukiani, Ni Ketut Vijayetta Sriratih Viswari Yoaneta Spiridiana Sorowea Yosef Primus Bana