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<![CDATA[Implementasi Peraturan Walikota Denpasar Nomor 9 Tahun 2009 Tentang Penataan dan Pembinaan Pasar Tradisional, Pusat Perbelanjaan dan Toko Modern ]]>
<![CDATA[Ni Kadek Diah Sri Laksmi Dewi]]>;
<![CDATA[Ni Luh Mahendrawati]]>;
<![CDATA[Desak Gde Dwi Arini]]>
<![CDATA[ Jurnal Analogi Hukum Vol. 3 No. 1 (2021): Jurnal Analogi Hukum ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Warmadewa ]]>
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DOI: 10.22225/ah.3.1.2021.22-26
<![CDATA[he development of the business world in Indonesia is fairly rapid, one of which is a network retail business or minimarket, so it spurs a variety of new problems relating to the practice of business activities in the field. So that the government must be able to make a regulation in order to prevent and overcome problems that will or are arising. The problems of this study are: 1) How to structuring and fostering traditional markets, shopping centers and modern stores based on Denpasar Mayor Regulation Number 9 of 2009 and 2) Does the existence of modern stores lead to monopolistic practices and unfair business competition. The research method used is the method of empirical legal research so that the problem approach used is a sociological or research approach with the aim of obtaining legal knowledge by plunging directly into the objectThe results of the study can be concluded that the Mayor of Denpasar Regulation Number 9 of 2009 concerning the Arrangement and Development of Traditional Markets, Shopping Centers, and Modern Stores does not make clear rules for minimarket businesses, so that if the development of the minimarkets is allowed to continue without any rules binding will become the center of monopolistic practices that have the potential to undermine fair business competition between traditional market traders and modern shop business people as well as between modern store business actors.]]>
<![CDATA[Perjanjian Pinjam Meminjam Uang Antara Renternir Dengan Konsumen di Pasar Desa Adat Mengwi ]]>
<![CDATA[Ni Ketut Diah Prihandani]]>;
<![CDATA[Desak Gde Dwi Arini]]>;
<![CDATA[Ni Made Puspasutari Ujianti]]>
<![CDATA[ Jurnal Analogi Hukum Vol. 3 No. 1 (2021): Jurnal Analogi Hukum ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Warmadewa ]]>
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DOI: 10.22225/ah.3.1.2021.47-51
<![CDATA[The debts or lending money is one of those things that is never ended, in the practiced borrowed money related to loan shark and consumer borrowed to practiced of the money between loan shark and consumer, that is many to founded in Desa Adat Mengwi market which debt agrement among loan shark and consumer is agrement among the two parties is sometimes weaknes of law. So if a default occurs in this agrement it will be difficult to reselved, based on the problem, two problem statements can be formulated 1. How legitimate the loan agrement is between loan shark and consumer in the Desa Adat Mengwi market and, 2.What legal efforts will do if there is a default on consumers. In solving those problem, the settlement method used is an empirical research method. With research directly collecting data used through interview and used the sociology approach, from the result of real research. Legitimate lending and borroming agrements among loan shark and consumers in Desa Adat Mengwi market guided by justice, that is the evert of default between loan shark and consumer and debt agrement, this is the factor that from consumers thenselves and affort to solve that are used are non litigation or community.]]>
<![CDATA[Perlindungan Hukum Terhadap Tenaga Kerja Indonesia di Luar Negeri ]]>
<![CDATA[Ni Kadek Sintia Dewi]]>;
<![CDATA[Desak Gde Dwi Arini]]>;
<![CDATA[Luh Putu Suryani]]>
<![CDATA[ Jurnal Analogi Hukum Vol. 3 No. 1 (2021): Jurnal Analogi Hukum ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Warmadewa ]]>
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DOI: 10.22225/ah.3.1.2021.37-41
<![CDATA[Indonesian Workers, hereinafter referred to as TKI, are every Indonesian citizen who meets the requirements to work abroad in employment relations for a certain period of time by receiving wages. In the case of the placement of overseas Indonesian Workers held by Indonesian Manpower Services Companies must be in accordance with the terms and procedures specified in the legislation. After the terms and procedures are fulfilled, a work agreement is made concerning legal protection for the rights of Indonesian Workers. With the employment agreement, Indonesian Workers who work abroad will receive legal protection at pre-placement, placement and after-placement. The problem in this study is regarding the regulation of employment agreements and placement of Indonesian workers abroad and forms of legal protection for Indonesian workers abroad. The research method used in the discussion of this paper, the authors use the main approach, namely the Statute Approach and the Conceptual Approach as supporting the legislative approach, the source of the legal material for writing is obtained from the literature with the type of legal material in the form of material primary law and secondary legal material. The results of this study found that the weak protection of Indonesian workers is due to two main factors, namely the implementation factor of the protection law issued by the government does not work as it should, and a weak coordination factor between related stakeholders.]]>
<![CDATA[Penyelesaian Wanprestasi Antara Bank dan Nasabah Melalui Mediasi di BPR Werdhi Sedana Gianyar ]]>
<![CDATA[Vijayetta Sriratih Viswari]]>;
<![CDATA[Nella Hasibuan O'leary]]>;
<![CDATA[Desak Gde Dwi Arini]]>
<![CDATA[ Jurnal Analogi Hukum Vol. 3 No. 2 (2021): Jurnal Analogi Hukum ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Warmadewa ]]>
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DOI: 10.22225/ah.3.2.2021.201-205
<![CDATA[Increased public trust and interest in using bank services has resulted in many default disputes where legal protection of customer rights and regulations regarding dispute resolution that occur at a bank are required. Banking mediation is an option that is often used by banks to resolve default disputes that occur. As for the formulation of the problem (1) How is the legal protection of customers at BPR Werdhi Sedana Gianyar? (2) How is the settlement of default at BPR Werdhi Sedana Gianyar? The research used in the writing of this thesis uses empirical legal research by linking existing laws and regulations and the results of case studies. In the results of this study, the things that cause default at BPR Werdhi Sedana Gianyar, namely a decrease in turnover or bankruptcy which causes the debtor to be unable or late in fulfilling their obligations according to the agreed or determined time. Settlement of defaults used by BPR Werdhi Sedana Gianyar, namely by means of preventive (prevention) and repressive ways by issuing notification letters of arrears and warning letters, if the debtor has still not paid off his obligations, the last resort is by confiscation.]]>
<![CDATA[Fungsi Pengawasan Bank oleh Otoritas Jasa Keuangan dalam Penyaluran Kredit bagi Badan Usaha Milik Swasta ]]>
<![CDATA[I Komang Arya Wisnu Amerta]]>;
<![CDATA[Ni Komang Arini Satyawati]]>;
<![CDATA[Desak Gde Dwi Arini]]>
<![CDATA[ Jurnal Analogi Hukum Vol. 3 No. 2 (2021): Jurnal Analogi Hukum ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Warmadewa ]]>
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DOI: 10.22225/ah.3.2.2021.156-160
<![CDATA[This study was conducted to describe the function of bank supervision by the OJK in the delivery of credit for private-owned enterprises, the follow-up of banks by the Financial Services Authority in credit supervision for private-owned enterprises? The research was conducted legally normatively. Sources of primary legal materials from applicable laws and regulations such as Law No. 21/2011. Secondary sources of legal materials from literature. The research analysis was conducted qualitatively and the results were presented descriptively. The results of the research that the function of bank supervision by the OJK in the delivery of credit for Private Owned Enterprises (BUMS) is following Article 6 of Law Number 21/2011 that bank supervision is carried out to encourage banks to consistently implement banking regulations and refer to the principle of prudence. As a follow- up to OJK's supervision in lending to BUMS, if there are difficulties or credit, OJK cooperates with Bank Indonesia as the Lender of Last Resort to overcome the problem of difficulties in maintaining banking security and ensuring the safety of customers as consumers.]]>
<![CDATA[Disgorgement sebagai Upaya Perlindungan Hukum dalam Pengembalian Keuntungan Tidak Sah dan Dana Kompensasi Kerugian Bagi Investor di Bidang Pasar Modal ]]>
<![CDATA[I Komang Ngurah Wirya Jaya]]>;
<![CDATA[I Nyoman Putu Budiartha]]>;
<![CDATA[Desak Gde Dwi Arini]]>
<![CDATA[ Jurnal Analogi Hukum Vol. 4 No. 1 (2022): Jurnal Analogi Hukum ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Warmadewa ]]>
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DOI: 10.22225/ah.4.1.2022.50-54
<![CDATA[Effects that are included in property can also be interpreted as securities that can cause indirect losses to victims, namely investors, even though they have arrived at the court process. Therefore, to provide legal protection in the return of illegal profits and compensation funds in the capital market, Disgorgement emerged. Not only as an effort to protect, but disgorgement also seeks to provide sanctions to violators of its regulations. In this study, normative law with a statutory approach and a conceptual perspective is used. This study finds that disgorgement can provide protection in the form of return of profits from violators who receive illegal profits or who violate current regulations in the capital market sector. In addition, the legal sanctions given can also provide certainty to violators so that they cannot use and enjoy the illegal profits they get by imposing the transfer or disbursement of their assets contained in financial service institutions.]]>
<![CDATA[Perlindungan Hukum Rahasia Dagang atas Informasi Bisnis dalam Perjanjian Kerja Di Kota Denpasar (Studi: Street Food Hoki Takoyaki) ]]>
<![CDATA[Rivaldo Avianto]]>;
<![CDATA[Ni Luh Mahendrawati]]>;
<![CDATA[Desak Gde Dwi Arini]]>
<![CDATA[ Jurnal Analogi Hukum Vol. 4 No. 3 (2022): Jurnal Analogi Hukum ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Warmadewa ]]>
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DOI: 10.22225/ah.4.3.2022.238-242
<![CDATA[The business world is very vulnerable to legal problems such as leaking and theft of a recipe that is kept secret by the owner. This research aims to find out the legal efforts to maintain trade secrets on Hoki Takoyaki street food in Denpasar city, namely through employment contracts after knowing the legal consequences of trade secret violations in Hoki Takoyaki street food in employment agreements in the city of Denpasar, namely illegal acts in the field of Intellectual Property Rights that have been regulated in Law No. 30 of 2000 concerning Trade Secrets. This study uses empirical research types. The data used is secondary data consisting of primary, secondary, and tertiary legal materials. Data collection techniques with literature studies, observations, and interviews. The data obtained is qualitatively analyzed using descriptive methods of analysis. The results of the study showed a finding that is considered a trade secret if there is an effort to maintain confidentiality made by the owner. In a company where there is a violation of trade secrets, the State provides legal protection for those harmed by the leak by issuing Law No. 30 of 2000 on Trade Secrets.]]>
<![CDATA[Akibat Hukum Dari Wanprestasi Dalam Transaksi Pemesanan Hotel di Bali Secara Online ]]>
<![CDATA[Kristian Ananta Dion]]>;
<![CDATA[Ni Luh Made Mahendrawati]]>;
<![CDATA[Desak Gde Dwi Arini]]>
<![CDATA[ Jurnal Analogi Hukum Vol. 6 No. 3 (2024): Jurnal Analogi Hukum ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Warmadewa ]]>
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DOI: 10.22225/jah.6.3.2024.336-343
<![CDATA[The rapid advancement of technology has made the task of booking hotel tickets easier for the public. The problem discussed in this research is the case of losses suffered by consumers due to the cancellation of onl reservations made by business actors. This is stated as a problem of default which is a condition of non-fulfillment of achievements or obligations in an agreement. This research is conducted to find out the validity, and the timing of an online hotel booking transaction agreement, especially hotels in Bali. The research method uses normative legal research that examines the problems of legal regulation or legal norm. The result of the research is that consumers have received compensation due to the cancellation of hotel reservations made by business actors. In the Civil Code, it is formulated that negligence in an agreement can be concluded as a default, which is an unlawful act in various forms of default against every obligation imposed in every provision of the applicable law. For the government, the hotel and consumers must have insight into the requirements that apply in the Law regarding default issues in online hotel bookings.]]>
<![CDATA[Pengaturan Pajak Pertambahan Nilai dan Pajak Penghasilan Atas Barang Dalam Transaksi Perdagangan Dengan Sistem Elektronik (E-Commerce) ]]>
<![CDATA[Ni Luh Debby Srinitha Mulyani]]>;
<![CDATA[I Nyoman Putu Budiartha]]>;
<![CDATA[Desak Gde Dwi Arini]]>
<![CDATA[ Jurnal Analogi Hukum Vol. 7 No. 2 (2025): Jurnal Analogi Hukum ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Warmadewa ]]>
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DOI: 10.22225/jah.7.2.2025.224-228
<![CDATA[Online buying and selling transactions can cause issues in the tax collection system similar to those in conventional buying and selling. The policies for income tax (PPH) and value-added tax (PPN) between conventional trade systems and e-commerce are similar. The object of income tax in e-commerce transactions is what is received by the taxpayer from the increase in economic capacity, while the object of value-added tax in e-commerce transactions includes the provision of taxable goods that are sold, the use of taxable goods, taxable services, and the export of taxable goods. The research problem formulation of this study is (1) How is the taxation of objects that can be subjected to income tax (PPH) and value-added tax (PPN) in e-commerce transactions? and (2) What is the procedure for imposing income tax (PPH) and value-added tax (PPN) on goods that are transacted electronically (e-commerce)? The research method taken is based on normative legal research, and the approaches used are legislative and conceptual approaches. The goal of this research is to understand the regulation of value-added tax as well as income tax on goods in transactions conducted through internet utilization, as well as the procedure for imposing value-added tax and income tax on electronically transacted goods (e-commerce).]]>
<![CDATA[Tanggung Jawab PT Jasa Raharja Dalam Klaim Asuransi Terhadap Kecelakaan Lalu Lintas Penumpang Angkutan Umum ]]>
<![CDATA[Cok Gede Bagus Putra Premana Pemayun]]>;
<![CDATA[I Nyoman Putu Budiartha]]>;
<![CDATA[Desak Gde Dwi Arini]]>
<![CDATA[ Jurnal Analogi Hukum Vol. 7 No. 2 (2025): Jurnal Analogi Hukum ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Warmadewa ]]>
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DOI: 10.22225/jah.7.2.2025.131-136
<![CDATA[Traffic and road transportation play a very important role in daily human life. One of the risks that can occur in human activities is the occurrence of traffic accidents, which are unexpected and unintentional events on the road involving vehicles with or without users. Other means that cause casualties and property damage. The problems are: 1) What is the legal ratio for public transportation passengers in Article 19 of Government Regulation Number 17 of 1965? 2) How is the responsibility of insurance to passengers as victims of public transportation passenger accidents? The purpose of the study is to determine and analyze the legal ratio for public transport passengers in Article 19 of Government Regulation Number 17 of 1965 and to determine and analyze the insurance responsibility of passengers as victims of public transport vehicle accidents. The method used is the normative law method. This research is regulated in Government Regulation Number 17 of 1965 concerning the provisions for the implementation of the Mandatory Passenger Accident Insurance Fund, which aims to help underprivileged people if they have an accident in public transportation, as well as Law Number 33 of 1964 concerning the Mandatory Passenger Accident Insurance Fund In this case the Government cooperates with PT Jasa Raharja to provide coverage and procedures for insurance claims if public transportation passengers experience accidents.]]>
