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Kedudukan Bank Indonesia (BI) sebagai Pemohon Pailit Setelah Berdirinya Otoritas Jasa Keuangan (OJK) I Komang Mudita Mudita; I Nyoman Sujana; Desak Gde Dwi Arini
Jurnal Interpretasi Hukum Vol. 1 No. 2 (2020): Jurnal Interpretasi Hukum
Publisher : Fakultas Hukum, Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/juinhum.1.2.2433.46-51

Abstract

In its development banking institutions play a very important role and Act Number 3 of 2004 concerning About Bank Indonesia. After the birth of Law Number 21 of 2011 concerning the Financial Services Authority. It is very interesting to study. What are the considerations taken by Bank Indonesia as a Bankrupt Petitioner after the existence of the Financial Services Authority and What is the Role of Bank Indonesia in Resolving Bankrupt Requests Against Banks. In this study the author uses the type of normative research from primary legal sources secondary legal materials. Article 2 paragraph (3) No. 37 of 2004 concerning Bankruptcy and Suspension of Debt Payment Obligations gives Bank Indonesia sole authority to submit bankruptcy applications to banks as creditors. the results of this study indicate that the authority to submit bankruptcy bank applications after the establishment of the Financial Services Authority the Financial Services Authority is to take into account whether the banks status has a systemic impact when the bank is filed for bankruptcy statements. The Financial Services Authority in this case can request consideration with Bank Indonesia about systemic impact of a bank. But the fact is Bank Indonesia still has authority of macropudentials
Pembagian Hak Atas Tanah Waris dalam Hukum Adat Bali I Putu Angga Aptina; Anak Agung Istri Agung; Desak Gde Dwi Arini
Jurnal Interpretasi Hukum Vol. 1 No. 2 (2020): Jurnal Interpretasi Hukum
Publisher : Fakultas Hukum, Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/juinhum.1.2.2440.84-89

Abstract

The issue of inheritance disputes among the village community is very frequent. For this reason, written and unwritten laws are needed for the implementation of a fair distribution of inheritance for each people. The research method used is the Empirical research method, the approach is to see the law in a real sense or it can be said to see researching how the law works in society. The results showed that as a manifestation of mutual respect and an attitude of living in harmony, always strived for dispute resolution through family deliberations. Peaceful settlement is prioritized to maintain balance in social life. Peaceful resolution is also intended to eliminate feelings of resentment resulting from disputes that arise. Peaceful settlement in life in the village is seen as necessary and a necessity to maintain harmony in dispute resolution. It is hoped that the problem can be resolved amicably in a friendly manner.
Perjanjian Jual Beli Tanah Hak Milik Debitur Pailit yang Dijaminkan di Bank Leomardo Ebedkena Tabuni; I Made Arjaya; Desak Gde Dwi Arini
Jurnal Interpretasi Hukum Vol. 1 No. 2 (2020): Jurnal Interpretasi Hukum
Publisher : Fakultas Hukum, Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/juinhum.1.2.2450.133-137

Abstract

In connection with the sale and purchase agreement for the land owned by a bankrupt debtor who is guaranteed at the bank, of course, there will be a consequence of a legal action. The result of the legal action in question is regarding the transfer of land title if the debtor breaks his promise or does not carry out his obligations. Creditors holding Guarantee Rights Guarantee (separatist creditors) may execute the guarantee, as if there was no bankruptcy. However, in exercising his executive rights, there is a time limit for separatist creditors in accordance with Article 56 of the Bankruptcy Law. After passing this period of time, the curator then carries out the management and settlement under the supervision of the supervisory judge. The purpose of this research is to study and find out about the legal arrangement and procedures for the settlement of sale and purchase of land owned by a bankrupt debtor which are guaranteed at the bank. This study uses a normative legal research method, with a statutory approach and a conceptual approach. The results of this study are: firstly, the credit agreement creates a debt and credit relationship, in which the debtor is obliged to pay back the loan given by the creditor (bank); secondly, in accordance with the requirements for a debtor who has two or more creditors and there is a debt and one debt is due and can be collected. After fulfilling these requirements, those who have been registered through the clerk of the court, further examination by the Chief Justice will be carried out to obtain a permanent bankruptcy decision for Ninety days, and ultimately, a summon of the parties to a verification meeting is carried out.
Pembagian Harta Warisan Ditinjau dari Kitab Undang-Undang Hukum Perdata Ni Luh Gede Suwarni; I Nyoman Putu Budiartha; Desak Gde Dwi Arini
Jurnal Interpretasi Hukum Vol. 1 No. 2 (2020): Jurnal Interpretasi Hukum
Publisher : Fakultas Hukum, Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/juinhum.1.2.2453.148-152

Abstract

Indonesia has experienced rapid development from ancestral ages to modern ages in terms of its people living with daily-supporting facilities. In other words, the Indonesian people live with a legacy which is then developed. Regarding inheritance, this study examines two legal issues: (1) distribution of inheritance according to the Civil Code and (2) settlement of disputes over distribution of inheritance results according to the Civil Code. This study was designed using a normative legal research method design; the data were collected by applying note-taking and analysing techniques based on legal materials. Based on the results of data analysis, it is found that in terms of its form there are three types of rights and obligations of an heir: openbaar testament, a form of inheritance made by a notary, in which case, the person who will transfer the inheritance appears before a notary and declares his will; olographis testament, a form of inheritance realising in writing by hand and is affixed by the hand of the inheritor (elgenhading / gedepoecerd); and a secret testament, a form of inheritance that requires the transfer of inheritance by written evidence, made by the person transferring the inheritance but not necessarily handwritten. There are two forms of dispute resolution related to inheritance through litigation, namely the general court, which in this case is the district court, the authority to examine disputes and the commercial court of a special court that is within the environment of a general court that has the competence to examine and decide an application for participation and postponement of debt payment obligation (PKPU) and disputes over intellectual property rights (HaKI).
Tanggung Jawab dan Wewenang Notaris/PPAT terhadap Kekeliruan dan Pembatalan Akta Jual Beli Tanah Yogi Kristanto; I Nyoman Putu Budiartha; Desak Gde Dwi Arini
Jurnal Interpretasi Hukum Vol. 1 No. 2 (2020): Jurnal Interpretasi Hukum
Publisher : Fakultas Hukum, Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/juinhum.1.2.2465.197-202

Abstract

Notary as the Land Deed Official is an additional authority granted by law to carry out legalization of legal binding by the community, especially in the land sector. Therefore, the notary’s authority as the Land Deed Making Official is not to make any mistake in issuing an authentic deed which results in the cancellation of the agreement made. This study discusses two issues: the liability and authority of the Notary as the official for making land deed if a mistake or cancellation of the land sale and purchase certificate occurs and the legal consequences if it has taken place. The research method used in this research is normative legal research method. The results of the research show that the liability of the Notary as the Land Deed Making Official for his / her mistakes is in the form of civil liability in the form of material and immaterial compensation, criminal liability in the form of imprisonment of at least 6 years and a maximum of 8 years, and administrative liability in the form of written warning to disrespect dismissal. The legal consequence is that the Notary’s license as a Land Deed Official can be revoked and the land deed he has made can be canceled or null and void.
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.
Co-Authors A.A. Istri Agung Cintya Anomsari AA Mas Pradnyandari Mantara Agus Antara Putra Agus Ngurah Krisna Kepakisan Anak Agung Ayu Agung Cleo Bayu Pertiwi Anak Agung Ayu Indira Diana Dewi. S Anak Agung Bagus Amlayasa 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 Laksmi Dewi Anak Agung Nia Listiari Anak Agung Rosiana Dewi Putri Cok Gde Agung Santika Putra Cok Gede Bagus Putra Premana Pemayun Desak Ade Devicia Cempaka Desak Ade Devicia Cempaka Desak Made Setyarini Desak Putu Kania Pratiwi Dewa Ayu Gita Trisna Dewi Dewi, A.A Sagung Laksmi Diah Gayatri Sudibya Dwi Nova Indriyani Dwi Purnawan Dodik Saputra Frederika Ni Made Dwita Noviyanti Ganawati, Nengah Gede Agus Wiadnyana Gofin Sahensa Pradana Gusti Ayu Putu Apriliana Purnama Dewi I Dewa Agung Ayu Maheswari I Gede Agus Wira Sanjaya I Gede Satyawan Pradnya Wiguna I Gede Vera Yudana I Gusti Agung Satrya Wiguna S I Gusti Ayu Intan Surya Dewi I Gusti Ayu Manik Maharani I Gusti Ketut Sri Astiti I Kadek Ari Putra I Kadek Bayu Antara I Kadek Candra Wisesa I Kadek Duta Anugrah I Komang Adhi trisna Saputra I Komang Arya Wisnu Amerta I Komang Mahesa Putra I Komang Mudita Mudita 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 MINGGU I Made Rai Sukerta I Made Wira Manik Prayascita I Made Wiratama I Made Yoga Bisama I Nyoman Budiartha I Nyoman Puru Budiartha I Nyoman Putu Budiartha I Nyoman Sujana I Nyoman Sukandia I Nyoman Sumardiana I Nyoman Sumardika I Putu Angga Aptina I Putu Gede Murditayasa I Putu Haris Parwita I Putu Rusdi Eka Pratama I Putu Wiradharma Putra Yudha I Wayan Eka Yasa I Wayan Gede Alfitra Surya Wijaya Ida Ayu Gede Wulandari Ida Ayu Gede Wulandari Ida Ayu Surya Dwijayanti Ida Bagus Rama Pratistha Johannes Ibrahim Kosasih Kadek Anggik Dwiyanti Kadek Della Ayu Saputri Kadek Dwinta Pradnyasari Kadek Indra Yuda Karma, Ni Made Sukaryati Komang Ayu Windy Widyastari Putri Kristian Ananta Dion l Gede Surya Mardita Putra Leomardo Ebedkena Tabuni Luh Eni Pribadi Luh Putu Sudini Made Bagus Rizal Raysando Made Dharma Laksana Swastika Made Erik Krismeina Legawantara Made Karina Thalia Crisandyna Manaon Damianus Sirait Mey Anjani Nella Hasibuan O'leary Nella Hasibuan OLeary Ni Gusti Ketut Sri Astiti Ni Gusti Ketut Sri Astiti Ni Gusti Ketut Sri Astiti 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 Kadek Sofia Arianti Ni Ketut Diah Prihandani Ni Komang Arini Satyawati Ni Komang Arini Setyawati Ni Komang Sutha Yudiansari Ni Luh Debby Srinitha Mulyani Ni Luh Dwi Ega Mileniawati Ni Luh Gede Suwarni Ni Luh Made Mahendrawati Ni Luh Mahendrawati Ni Luh Mahendrawati Ni Luh Mahendrawati Ni Luh Mahendrawati Ni Luh Putu Emi Sukasih Ni Made Dwi Wulandari Ni Made Eka Pradnyawati Ni Made Harini Ni Made Puspasutari Ujianti Ni Made Puspasutari Ujianti Ni Made Ratih Prameswari Ni Nyoman Diah Widiasih Ni Putu Nita Erlina Sari Ni Putu Purnama Wati Ni Wayan Lusiana Sari Nurin Fitriana Ulfa Nyoman Subamia Pande Bagus Yoga Pratama Putra Pratiwi, Ni Made Widya Putri Alam Prabancani Putu Ayu Sriasih Wesna Putu Bagus Gandiwa Dhanandjaya Putu Berliana Prema Swari Putu Chandra Arta Dharma Putu Dyah Agung Mas Narayana Putu Inten Kanaya Putu Sintya Pratiwi Manikashanti Putu Suryani . Rivaldo Avianto Rofi Kurniawan Rustandi Sugiartha, I Nyoman Gede Sukiani, Ni Ketut Suryani, Luh Putu Trisnadewi, AA Ayu Erna Vijayetta Sriratih Viswari Yoaneta Spiridiana Sorowea Yogi Kristanto Yosef Primus Bana