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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.
Kekuatan Hukum Akta Kelahiran Anak Luar Kawin Dewa Ayu Gita Trisna Dewi; Desak Gde Dwi Arini; Ni Gusti Ketut Sri Astiti
Jurnal Interpretasi Hukum Vol. 2 No. 3 (2021): Jurnal Interpretasi Hukum
Publisher : Fakultas Hukum, Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/juinhum.2.3.4126.496-500

Abstract

Indonesia is a legal state with the concept of an Indonesian legal state where law is an idealized goal together in the dynamics of state life. So in living life, humans have the right to marry and continue a legal marriage and the goal is to continue the offspring. However, not all children are born from legal marriages. These unlucky children are known by law as illegitimate children. The purpose of this study is to analyze the regulation of children out of wedlock according to the Civil Code and customary law and the legal force of birth certificates for children out of wedlock. This type of research is normative legal research with a conceptual approach. Legal sources are secondary, primary and tertiary sources of law which are then analyzed systematically. The results of the study revealed that the regulation of children out of wedlock was regulated through written and unwritten awig-awig because awig-awig was a guide for traditional villages in running their government. The child's acknowledgment can be stated in a Notary Deed or in a Birth Certificate or a Deed made by a civil registry official or it is also possible with the marriage certificate itself. Because, birth certificates are very important for children because it is a form of state recognition regarding the citizenship status, civil status of the child.
Perlindungan Hukum Bagi Investor Terkait Pembubaran Badan Hukum Reksa Dana I Gede Satyawan Pradnya Wiguna; I Nyoman Budiartha; Desak Gde Dwi Arini
Jurnal Interpretasi Hukum Vol. 2 No. 3 (2021): Jurnal Interpretasi Hukum
Publisher : Fakultas Hukum, Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/juinhum.2.3.4136.555-561

Abstract

Mutual funds are investment instruments regulated in regulation number 23/POJK/04/2016 concerning mutual funds, as a guide for investment managers, protecting the rights of investors, investors are not careful in choosing mutual fund products and determining the right and safe investment manager so that legal protection is needed for Mutual Fund Investors. The purposes of this study are to analyze the legal consequences for investors related to the dissolution of a mutual fund legal entity and legal protection for mutual fund investors related to the dissolution of a mutual fund legal entity. The method used is normative legal research with a statutory approach. The technique of collecting legal materials is done through recording and documentation studies. Primary and secondary sources of legal materials are used as sources of legal materials in this study. Then, the legal materials and data are managed using interpretation analysis. The results of the study show 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, protection for mutual fund investors is related to the dissolution of the mutual fund managing legal entity, 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
Perjanjian Kerja Waktu Tertentu (PKWT) Pada PT. Angkasa Pura Suport Badung Ni Luh Putu Emi Sukasih; Anak Agung Laksmi Dewi; Desak Gde Dwi Arini
Jurnal Interpretasi Hukum Vol. 2 No. 3 (2021): Jurnal Interpretasi Hukum
Publisher : Fakultas Hukum, Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/juinhum.2.3.4156.624-628

Abstract

The ongoing development of globalization will have a direct or indirect impact on the existence of workers, one of which is in terms of the quality of production and labor procedures. This study aims to examine the arrangement of a certain time work agreement (PKWT) at PT. Angkasa Pura Support Badung and revealed the legal consequences of violating a certain time work agreement (PKWT) on the rights and obligations of PT. Angkasa Pura Support Badung. The research method uses normative legal research and a problem approach, namely the legislation approach and the conceptual approach. The legal materials used are primary and secondary legal materials collected through documentation and recording methods. Furthermore, the data is processed and analyzed by qualitative descriptive. The results showed that the arrangement of a certain time work agreement (PKWT) at PT. Angkasa Pura Support Badung is made using a standard form of agreement, so it must comply with the provisions of the legislation which is the main requirement for the validity of an agreement and is also the legal basis of a work agreement for a certain time. The legal consequences of violating a certain time work agreement (PKWT) on the rights and obligations of PT. Angkasa Pura Support Badung is subject to sanctions in the form of a warning, a warning letter (SP), and suspension and finally layoffs occur.
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
Penyelesaian Sengketa Cargo atas Keterlambatan terhadap Pengangkutan Muatan Melalui Kapal Laut (Studi Kasus Di Pt. Bali Intercont Cargo) Mey Anjani; 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.3.1.4722.113-117

Abstract

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.
Perlindungan Hukum Terhadap Pelaku Usaha Melalui Sistem Cash on Delivery Pada Marketplace I Gede Vera Yudana; I Nyoman Putu Budiartha; Desak Gde Dwi Arini
Jurnal Interpretasi Hukum Vol. 3 No. 3 (2022): Jurnal Interpretasi Hukum
Publisher : Fakultas Hukum, Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/juinhum.3.3.5770.379-385

Abstract

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.
Perlindungan Hukum terhadap Karya Cipta Fotografi I Kadek Candra Wisesa; Desak Gde Dwi Arini; Luh Putu Suryani
Jurnal Preferensi Hukum Vol. 1 No. 1 (2020): Jurnal Preferensi Hukum
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

The richness in the diversity of arts and cultures can be found in the Republic of Indonesia. Intellectual property rights obtain protection as stipulated in legislation, including Law Number 28 of 2014 concerning Copyright. The advancement in technology and the increasingly developing world of digital photography by means of digital cameras raises the legal issues of copyright in photographic works. The main issues examined in this paper are: the forms of legal protection of the rights of the creators of photographic works and the resolution of disputes of photographic works that are used without permission. The method used to examine this issue is the normative legal research method with a legislative approach. Copyright Protection of photographic works may be done in two ways, namely preventive in which legal protection given to the creator of photography which the creator shall done by registering the copyright, and repressive protection realised by filing a lawsuit in court if there is a violation of copyright in the photographic work. All rights reserved must always be appreciated by not committing violating actions which are arbitrarily committed especially if it relates to providing benefits for violators.
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