Articles
Wanprestasi dalam Perjanjian Kredit pada Lembaga Perkreditan Desa (LPD) di Desa Bebetin Kecamatan Sawan Kabupaten Buleleng
Kadek Dwinta Pradnyasari;
Johannes Ibrahim Kosasih;
Desak Gde Dwi Arini
Jurnal Konstruksi Hukum Vol. 2 No. 2 (2021): Jurnal Konstruksi Hukum
Publisher : Warmadewa Press
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DOI: 10.22225/jkh.2.2.3210.223-227
Agreement is the most important source that gives birth to the engagement. One form of engagement in the sources of the agreement is the extension of credit from the bank. This research uses empirical legal research type, data collection techniques in this study using field research. The procedure for granting credit consists of several stages, namely the credit application stage, the location survey stage for prospective debtors, the analysis stage, the decision-making stage, and the credit disbursement stage. The results of the analysis found that the factors that cause default are internal factors and external factors. Internal factors are caused by debtors who are not credible and also unstable economic factors in the midst of the Covid-19 pandemic which caused debtors to be unable to pay arrears in the LPD. External factors from the LPD take a persuasive approach to further handling problematic debtors. The purpose of this study is the procedure for granting credit and binding credit agreements carried out in the LPD Desa Pakraman Bebetin, Sawan District, Buleleng Regency, how are the factors that cause default in LPD Desa Pakraman Bebetin, District of Sawan, District of Buleleng.
Perjanjian Kerjasama pada Perusahaan Pertamina (Persero) Akibat Wanprestasi
I Wayan Eka Yasa;
I Nyoman Putu Budiartha;
Desak Gde Dwi Arini
Jurnal Konstruksi Hukum Vol. 2 No. 2 (2021): Jurnal Konstruksi Hukum
Publisher : Warmadewa Press
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DOI: 10.22225/jkh.2.2.3215.250-254
The characteristic form of the SPBU entrepreneur's cooperation agreement with PT. Pertamina (Persero) is using a standard or standard agreement. The formulation of the problem is how the characteristics of the cooperation agreement at PT. Pertamina (Persero) with SPBU entrepreneurs, and the legal consequences of default in the cooperation agreement at PT. Pertamina (Persero). The research method uses normative legal research, with a problem approach using a statutory approach and a conceptual approach. The concept of a standard agreement in terms of form, in this research there is always a written agreement, the growth of which is now mostly achieved in a written form that uses standardized agreements, with the intention of taking concrete actions to save time, money and energy.If the implementation of the cooperation agreement between the SPBU entrepreneur and PT is violated, there will be legal consequences. Pertarnina (Persero) through non-litigation and litigation methods. Not confusing because it has been promulgated by Law no. 30 of 1999. the purpose of this study, among others, to determine the form of the characteristics of the cooperation agreement at PT. Pertamina (Persero) with SPBU entrepreneurs as well as knowing the legal consequences of default in the cooperation agreement at PT. Pertarnina (Persero).
Perjanjian Pinjaman Online Berbasis Financial Technology (Fintech)
Ni Made Eka Pradnyawati;
I Nyoman Sukandia;
Desak Gde Dwi Arini
Jurnal Konstruksi Hukum Vol. 2 No. 2 (2021): Jurnal Konstruksi Hukum
Publisher : Warmadewa Press
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DOI: 10.22225/jkh.2.2.3230.320-325
Financial Technology (Fintech) is a technology alternative that facilitates loan transactions that can be done online. Online loans create new problems such as rampant fraud and default. Referring to the problems described, this research was conducted with the aim of explaining the legal position of financial technology-based online loan agreements (Fintechl), and knowing the legal protection of creditors who provide financial technology-based online loans (Fintech). This research used normative legal research. Sources of data are primary and secondary legal materials, data are combined with recording techniques in obtaining primary and secondary legal materials, namely examining several reading materials such as journals, scientific books and statutory regulations. After the data is collected, it is then analyzed qualitatively. The result showed that the legal position of online loan agreements based on financial technology (Fintech) when reviewed legally, the online agreement is legally valid because it has a basis, namely Article 1320 of the Civil Code and the validity of the evidence used refers to law Number 11 of 2008 concerning Article 5 of the ITE Law on information, documents and electronic signatures. Legal protection for creditors in an online loan agreement based on financial technology (Fintech) consists of preventive legal protection and repressive legal protection.
Pertanggungjawaban Bank Terhadap Nasabah yang Menjadi Korban Kejahatan yang Dilakukan Oleh Oknum Internal Bank
I Putu Wiradharma Putra Yudha;
Johannes Ibrahim Kosasih;
Desak Gde Dwi Arini
Jurnal Konstruksi Hukum Vol. 2 No. 3 (2021): Jurnal Konstruksi Hukum
Publisher : Warmadewa Press
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DOI: 10.22225/jkh.2.3.3624.505-509
Banks are the only financial institutions that are trusted by the people who play a role in the economy, so that in their activities there are elements of stakeholders who commit acts against the law in the banking world. This study aims to analyze crimes committed by internal bank employees and reveal legal liability to the bank if there are crimes committed by internal elements or bank employees. This study uses normative legal research with a statutory approach and a conceptual approach. The data used are primary and secondary data obtained through recording and documentation techniques, then the data processed and analyzed will be processed and analyzed using a systematic legal material processing method. The results of the study stated that in banking there are two types of violations, namely banking crimes and crimes in banking. In relation to crimes in the banking sector, Law no. 7/1992 as amended by Law No.10/1998 on banking. Accountability cannot be borne by the bank as a corporation, but this burden is imposed or carried out by way of the debtor to individuals who commit crimes in the banking sector.
Perlindungan Hukum Bagi Investor Terkait Pembubaran Badan Hukum Reksa Dana
I Gede Satyawan Pradnya Wiguna;
I Nyoman Budiartha;
Desak Gde Dwi Arini
Jurnal Konstruksi Hukum Vol. 3 No. 1 (2022): Jurnal Konstruksi Hukum
Publisher : Warmadewa Press
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DOI: 10.22225/jkh.3.1.4240.85-91
Mutual funds are investment instruments regulated in regulation number 23/POJK/04/2016 concerning mutual funds, as a guide for investment managers in protecting the rights of investors. Lack of carefulness of investors in choosing mutual fund products and determining the right and safe investment manager, so that legal protection is needed for mutual fund investors. The purpose of this study is to reveal the legal protection for mutual fund investors related to the dissolution of the mutual fund management legal entity where investors invest their capital. The method used in this study is a normative legal method with a statutory approach. The technique of collecting legal materials is done by classifying legal materials. Sources of legal materials used are primary and secondary law. After the data was collected, the data were analyzed by descriptive analysis. The results of the study reveal that the legal consequences for investors related to the dissolution of the mutual fund managing legal entity are regulated in Article 50 of the OJK regulation if the mutual fund product is dissolved the investor cannot resell after the dissolution of the mutual fund product. If there is a loss to the mutual fund product caused by the investment manager, the investment manager must be responsible for the loss due to his actions.
Akibat Hukum terhadap Investor karena Adanya Penghapusan Pencatatan (Forced Delisting) Perusahaan Terbuka di Pasar Modal
Ida Bagus Rama Pratistha;
I Nyoman Putu Budiartha;
Desak Gde Dwi Arini
Jurnal Konstruksi Hukum Vol. 3 No. 1 (2022): Jurnal Konstruksi Hukum
Publisher : Warmadewa Press
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DOI: 10.22225/jkh.3.1.4409.141-146
The advancement of the technology era has made the Capital Market the most popular investment instrument today. The capital market is a high risk investment instrument due to the forced delisting of shares in the Capital Market. The purposes of this study are to reveal the regulation of forced delisting in the capital market and the legal consequences for investors due to forced delisting of public companies in the capital market. This research is a normative legal research with a statutory and conceptual approach. The sources of legal materials used are primary and secondary sources of legal materials which are collected using an inventory technique and then analyzed normatively in order to interpret the law (interpretation). Based on the results of the study, it is known that the regulation regarding delisting has been stated in the Capital Market Law and the Indonesian Stock Exchange regulations but there is no form of regulation that protects investors if the company experiences Forced Delisting. The legal consequences that are felt are the contamination of the company's reputation and the company's shares will lose interest, and for investors, investors will lose their investment.
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
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DOI: 10.22225/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
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DOI: 10.22225/jkh.3.2.4851.432-437
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 terhadap Hak Cipta Motor Modifikasi di Indonesia
Anak Agung Bagus Yoga Pramana;
I Nyoman Putu Budiartha;
Desak Gde Dwi Arini
Jurnal Konstruksi Hukum Vol. 3 No. 3 (2022): Jurnal Konstruksi Hukum
Publisher : Warmadewa Press
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DOI: 10.22225/jkh.3.3.5346.551-556
The era of globalization that is happening at this time encourages humans to face technological advances including creativity in modifying motorized vehicles. Motor vehicle modification activities cause changes in the tangible versions of dimensions, engines, and carrying capacity. Changes that occur are closely related to the Copyright of an intellectual work that is set forth in a permanent form. This study aims to find out how the legal protection of modified motorcycle copyrights in Indonesia, as well as the legal consequences of modified motorcycle copyrights in Indonesia. The research method used is normative legal research by conducting research from library materials or secondary data. Based on the results of the study, Legal Protection of Modified Motorcycle Copyrights in Indonesia is carried out with preventive and repressive measures that protect legal subjects through laws and regulations, including those relating to copyright, which can encourage the acceleration of culture in orderly traffic. The legal consequences of Modified Motorcycle Copyrights in Indonesia that can be applied to overcome traffic violations are carried out by the authorities, so as to create legal stability.
Penyalahgunaan Benda Virtual dalam Permainan Game Online di Indonesia
Putu Bagus Gandiwa Dhanandjaya;
I Nyoman Putu Budiartha;
Desak Gde Dwi Arini
Jurnal Konstruksi Hukum Vol. 3 No. 3 (2022): Jurnal Konstruksi Hukum
Publisher : Warmadewa Press
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DOI: 10.22225/jkh.3.3.5349.569-575
Technological developments present a variety of entertainment such as offline and online games. Online games are in great demand among children and teenagers. The purpose of playing online games in Indonesia is to find out the positive impact of online games for students, to find out the negative impacts of online games for students, and to find out how to overcome the negative effects of online games buying and selling items that belong to virtual objects. Although it doesn't have a real form, these virtual objects are considered valuable for players. The normative legal research method will certainly generate new arguments. Due to the online buying and selling of virtual objects, of course there will be misuse of these virtual objects to commit fraud. How is the arrangement of virtual objects in online games in Indonesia. How are criminal sanctions against abuse of virtual objects in online games in Indonesia. In writing this research, normative legal research is used, namely legal research carried out by examining library materials or secondary data, namely by studying and reviewing legal principles and positive legal principles derived from library materials and legislation. The conclusion from this research is that virtual objects can be called objects according to the law of objects in Indonesia and there are criminal sanctions against perpetrators of abuse of virtual objects.