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<![CDATA[Penyelesaian Sengketa Cargo atas Keterlambatan terhadap Pengangkutan Muatan Melalui Kapal Laut (Studi Kasus Di Pt. Bali Intercont Cargo) ]]>
<![CDATA[Mey Anjani]]>;
<![CDATA[I Nyoman Putu Budiartha]]>;
<![CDATA[Desak Gde Dwi Arini]]>
<![CDATA[ Jurnal Interpretasi Hukum Vol. 3 No. 1 (2022): Jurnal Interpretasi Hukum ]]>
Publisher : <![CDATA[Fakultas Hukum, Universitas Warmadewa ]]>
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DOI: 10.22225/juinhum.3.1.4722.113-117
<![CDATA[The implementation of cargo transportation by ship which is the main component in business activities allows the emergence of problems on the part of consumers or users of transportation services for the losses incurred, such as the problem of delays in the transportation of cargo. The purpose of this study was to determine the implementation of cargo transportation agreements and dispute resolution at transportation service providers for delays in transporting cargo by ship. This study uses empirical legal research methods, with a statutory approach and a fact approach. Primary data is the source of data in this study. Data were analyzed using quantitative methods. The results of this study indicate that the settlement of disputes over delays in the transportation of cargo by ship at PT. Bali Intercont Cargo by using alternative dispute resolution in the form of negotiations with consumers or users of transportation services regarding rescheduling of cargo transportation.]]>
<![CDATA[Perlindungan Hukum Terhadap Pelaku Usaha Melalui Sistem Cash on Delivery Pada Marketplace ]]>
<![CDATA[I Gede Vera Yudana]]>;
<![CDATA[I Nyoman Putu Budiartha]]>;
<![CDATA[Desak Gde Dwi Arini]]>
<![CDATA[ Jurnal Interpretasi Hukum Vol. 3 No. 3 (2022): Jurnal Interpretasi Hukum ]]>
Publisher : <![CDATA[Fakultas Hukum, Universitas Warmadewa ]]>
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DOI: 10.22225/juinhum.3.3.5770.379-385
<![CDATA[The use of information and electronic technology also plays an important role in trade and national economic growth to realize people's welfare. Such as trading activities that utilize information and electronic technology known as the Marketplace. Various types of payment systems have been provided on the Marketplace, one of which is the payment system through Cash On Delivery (COD). In practice, business actors who provide the COD method often experience defaults by buyers, to the detriment of business actors. Therefore, this study examines how valid the sale and purchase agreement through the COD system on the Marketplace? and how is the legal protection of business actors in the event of default through the COD system on the Marketplace?. This research uses a normative type of research. Providing legal protection to commercial actors aims to provide justice to parties affected by default. So in this case it is necessary to pay attention to the feasibility of sanctioning parties who do not use the COD method.]]>
<![CDATA[Kewenangan Pemerintah Daerah dalam Mengendalikan Pembangunan Kawasan Bandar Udara ]]>
<![CDATA[Ni Wayan Lusiana Sari]]>;
<![CDATA[Desak Gde Dwi Arini]]>;
<![CDATA[Luh Putu Suryani]]>
<![CDATA[ Jurnal Preferensi Hukum Vol. 1 No. 2 (2020): Jurnal Preferensi Hukum ]]>
Publisher : <![CDATA[Warmadewa Press ]]>
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<![CDATA[Aviation safety and security is our shared responsibility. Accidents and incidents caused by kite games or other similar games can result in casualties, machine damage and weaken the level of compliance. I Gusti Ngurah Rai Airport Flight Operational Safety Area is air, land and water space with a radius of 15 km from the runway at I Gusti Ngurah Rai Airport. The plane that was flown by SYD - DPS was not allowed to land because of a kite near the end of Runway 27 so that my plane had to spin around. The research objective is to study and analyze regional arrangements and the authority of local governments in controlling the development of the airport area. This research uses a normative type of research, by examining library materials by studying and examining theories of concepts, as well as regulations relating to problems. The results showed that the Airport Flight Operations Safety Zone Arrangement was stipulated based on the Government Regulation on aviation security and safety, which stipulates that airport operators are obliged to protect the airport environment in order to avoid disturbances that slow down flights. The authority of a regional government in controlling the flight area is to organize spatial planning in its area while still understanding the rights that people have in accordance with applicable regulations.]]>
<![CDATA[Perlindungan Hukum Bagi Hoki Clean Shoes dalam Perjanjian Waralaba ]]>
<![CDATA[Dwi Purnawan Dodik Saputra]]>;
<![CDATA[Johannes Ibrahim Kosasih]]>;
<![CDATA[Desak Gde Dwi Arini]]>
<![CDATA[ Jurnal Preferensi Hukum Vol. 2 No. 1 (2021): Jurnal Preferensi Hukum ]]>
Publisher : <![CDATA[Warmadewa Press ]]>
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<![CDATA[The franchising is one of the business activities that support the economy. Therefore, in this study, this study analyzes the implementation of the franchise agreement clauses between franchisees and franchisees and knows the legal protection for Hockey Clean Shoes in case of default by the franchisee. This research uses empirical methods using document studies and field studies and data analysis using descriptive qualitative. The results show that the Hoki Clean Shoes franchise agreement has met the minimum clauses that must exist in the franchise agreement as stipulated in Government Regulation Number 42 of 2007 concerning Franchising and has fulfilled the principles of the agreement and is applicable in Indonesia. The obstacles faced by Hockey Clean Shoes so far are related to franchises because this is in the service sector so the turnover obtained by the franchisee every month is difficult for us to know because the financial management we do is different from the facts in the field. Franchise cooperation agreements like this are also vulnerable to default.]]>
<![CDATA[Pelaksanaan Asas Itikad Baik dalam Perjanjian Kredit Secara Lisan dengan jaminan Gadai Mobil ]]>
<![CDATA[l Gede Surya Mardita Putra]]>;
<![CDATA[I Nyoman Putu Budiartha]]>;
<![CDATA[Desak Gde Dwi Arini]]>
<![CDATA[ Jurnal Preferensi Hukum Vol. 2 No. 2 (2021): Jurnal Preferensi Hukum ]]>
Publisher : <![CDATA[Warmadewa Press ]]>
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<![CDATA[In general, when someone carries out a loan to a bank or company, an agreement will be made that has been agreed by both parties. In this case, there is an agreement but it does not written in the paper. The purpose of this research is to analyze the validity of the oral credit agreement with the car pawn guarantee and the implementation of the good faith principle in the oral credit agreement with the car pawn guarantee. The type of the research used is empirical by using primary data sources and secondary data obtained from field research, literature and legislation relating to the issues. The data collection techniques are carried out by recording and documentation. In order to get a clear explanation, the data is analyzed and presented qualitatively. The result of the research reveals that the credit agreement made orally by Party 1 and Party 2 had fulfilled all the provisions of the validity of the agreement under Article 1320 of the Civil Code. There is an agreement to carry money off by guaranteeing a Toyota car. Party 1 has carried out in good faith the matters agreed in the agreement made together with party 2 without any violation by making repayments of the loan he made to Ketut in the amount of 30% of what was agreed within 5 months with interest on the loan at 10% per month]]>
<![CDATA[Pelaksanaan Undang-undang Nomor 28 Tahun 2014 tentang Hak Cipta Terkait Penggandaan Buku pada Usaha Fotokopi Cahya Printing Bali ]]>
<![CDATA[Ni Luh Dwi Ega Mileniawati]]>;
<![CDATA[Nella Hasibuan OLeary]]>;
<![CDATA[Desak Gde Dwi Arini]]>
<![CDATA[ Jurnal Preferensi Hukum Vol. 2 No. 2 (2021): Jurnal Preferensi Hukum ]]>
Publisher : <![CDATA[Warmadewa Press ]]>
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<![CDATA[The essence of national development is the development of the whole human being and the development of the entire Indonesian society based on Pancasila and the 1945 Constitution of the Republic of Indonesia. Development is not only pursuing physical or mental progress, but also pursuing harmony, harmony and balance. The purpose of this study is to determine the implementation of Law Number 28 of 2014 concerning Copyright related to illegal copying of books in the Cahya Printing Bali photocopy business and to find out legal protection for book creators related to illegal book duplication in the Cahya Printing Bali photocopy business. The research method used is to use the empirical legal research method, which is to study the legal provisions that apply or what happen in reality in society. The results of the study show that the implementation of Law Number 28 of 2014 concerning copyright related to illegal book duplication in the Cahya Printing Bali photocopy business has not been carried out due to lack of support from related parties, namely still weak policing and lack of socialization. Legal protection for book creators related to the copying of illegal books in the copy business of Cahya Printing Bali in protecting creators' rights, the government does not provide direct legal protection.]]>
<![CDATA[Restrukturisasi Kredit terhadap Debitur Akibat Wanprestasi Karena Dampak Pandemi Covid-19 ]]>
<![CDATA[I Made Rai Sukerta]]>;
<![CDATA[I Nyoman Putu Budiartha]]>;
<![CDATA[Desak Gde Dwi Arini]]>
<![CDATA[ Jurnal Preferensi Hukum Vol. 2 No. 2 (2021): Jurnal Preferensi Hukum ]]>
Publisher : <![CDATA[Warmadewa Press ]]>
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<![CDATA[The Covid-19 pandemic in Indonesia has not only had an impact on health, the Indonesian economy has also been affected. The banking sector has been affected by this pandemic. Credit restructuring aims to provide relief for debtors in fulfilling their obligations. Then the rules regarding restructuring in the POJK will later become a reference for banks to provide relief for debtors who are affected by covid-19 The Covid-19 pandemic in Indonesia not only has an impact on health, the Indonesian economy is also affected. The banking sector has been affected by this pandemic. Credit restructuring aims to provide relief for debtors in fulfilling their obligations. Then the rules regarding restructuring in the POJK will later become a reference for banks to provide relief for debtors affected by Covid-19. There are several problems faced, namely the form of legal protection for debtors due to default due to the impact of the Covid-19 pandemic and the criteria for debtors who meet the requirements for credit restructuring due to the Covid-19 pandemic. Using normative methods. Benruk legal protection for debtors due to default can apply for credit restructuring in accordance with the POJK. The criteria for debtors who meet the requirements for restructuring are given to debtors if they are really affected by the spread of the corona virus such as a debtor who has a business that is classified as vulnerable to the spread of the corona virus and the debtor's business has decreased income and if indeed the debtor meets these requirements the debtor will meet the restructuring requirements and will be restructured after the debtor is indeed affected by the corona virus]]>
<![CDATA[Penyelesaian Wanprestasi atas Dasar Force Majeure Akibat Pandemi Covid-19 dalam Perjanjian Pembiayaan Konsumen ]]>
<![CDATA[Made Bagus Rizal Raysando]]>;
<![CDATA[Ni Komang Arini Setyawati]]>;
<![CDATA[Desak Gde Dwi Arini]]>
<![CDATA[ Jurnal Preferensi Hukum Vol. 2 No. 2 (2021): Jurnal Preferensi Hukum ]]>
Publisher : <![CDATA[Warmadewa Press ]]>
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<![CDATA[Consumer finance is a financing institution that is officially still relatively new in Indonesia. Consumer financing agreements are agreements that arise in the day-to-day practice of the wider community. In a contractual relationship, the Covid-19 pandemic has become a point of debate between business actors who are bound by the contract. Debtors who have contractual obligations make the Covid-19 pandemic a basis for freeing themselves from their obligations to fulfill achievements. The purpose of this research is to find out the legal basis for the arrangement of consumer financing agreements in the perspective of contract law and to find out the consequences of force majeure for the parties to the consumer financing agreement in the event of a Covid-19 pandemic. The problems contained in this research are how the legal basis for the regulation of consumer financing agreements in the perspective of contract law and what are the consequences of force majeure for parties to the consumer finance agreement in the event of a corona virus outbreak. The method used is a normative research method by using a statutory approach and a conceptual approach. Based on the results of this study, it can be concluded that the Covid-19 pandemic currently occurring can only qualify as a forced condition which is not absolute or relative or it can be said that the debtor cannot make the reason for this pandemic as a reason for contract cancellation. This relative coercion is limited to delaying the implementation of the obligation to fulfill the achievement for a while, whereby the parties can negotiate the agreements that have been previously made.]]>
<![CDATA[Penyelesaian Sengketa Perasuransian oleh Badan Mediasi dan Arbitrase Asuransi Indonesia (BMAI) ]]>
<![CDATA[Ida Ayu Surya Dwijayanti]]>;
<![CDATA[I Nyoman Puru Budiartha]]>;
<![CDATA[Desak Gde Dwi Arini]]>
<![CDATA[ Jurnal Preferensi Hukum Vol. 2 No. 2 (2021): Jurnal Preferensi Hukum ]]>
Publisher : <![CDATA[Warmadewa Press ]]>
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<![CDATA[Disputes are common in the business world. The insurance industry is no exception. The Indonesian Insurance Mediation and Arbitration Agency is a legal entity in. the form of an association that is independent and impartial, June/ions to resolve dispute claims (claims for compensation or benefits) between the Insurer (Insurance Company) and the Insured (Policy Holder). In this research raises two problem formulations, first What is the function of BMAI in the settlement of insurance disputes and second is How is the Settlement of Insurance Disputes by BMAI. The type of research is the type of Normative Law research. The approach method used is the statutory approach. Meanwhile, the technique of collecting legal materials is the technique of reading and understanding as well as searching using the internet, the research result states that BMAI functions as a settlement institution for Insurance Disputes between the Insured and the Insurer that occurs in Indonesia. BMAI Will accept all complaints of Insurance Claim disputes submitted by the insured party and the insurer and the proposed dispute must meet the settlement requirements by BMAI. The Settlement of Insurance Check by BMAI is completed in three stages, namely, Mediation, Adjudication, and the Arbitration]]>
<![CDATA[Pelaksanaan Restrukturisasi Kredit Dampak Pandemi Covid-19 (Studi BPR Kanti Batubulan) ]]>
<![CDATA[I Made Krisnan Wijaya Putra]]>;
<![CDATA[I Nyoman Putu Budiartha]]>;
<![CDATA[Desak Gde Dwi Arini]]>
<![CDATA[ Jurnal Preferensi Hukum Vol. 3 No. 1 (2022): Jurnal Preferensi Hukum ]]>
Publisher : <![CDATA[Warmadewa Press ]]>
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<![CDATA[The provision of credit provides many opportunities for job creation, because credit has provided an opportunity for the community to develop a business that is offered. In the current state of the covid-19 pandemic, in banking, many loans are categorized as credit due to the impact of the covid-19 pandemic. This is due to the widespread decline in the ability to pay debtors to banks, from the decline or inability of debtors to pay. The purposes of this study are to reveal the application of credit restructuring due to the COVID-19 pandemic at BPR Kanti Batubulan and the legal consequences of implementing credit restructuring due to the COVID-19 pandemic at BPR Kanti Batubulan. The method used in this research is empirical legal research with a conceptual and sociological case approach. Data collection techniques were carried out by observation and interviews. The sources of legal materials used are secondary and primary legal sources which are presented qualitatively. The results of this study show that the level of effectiveness of Credit Restructuring due to the COVID-19 pandemic at BPR Kanti Batubulan is quite effective, this is evidenced by a decrease in the number of credit restructurings impacted by the COVID-19 pandemic from 2020 to 2021.]]>
