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Arini, Desak Gde Dwi
Fakultas Hukum Universitas Warmadewa
Law, Crime, Criminology & Criminal Justice Social Sciences

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Status Hukum Akta Jual Beli Hak Milik Atas Tanah Bersertifikat yang Telah Dibatalkan Pengadilan Tata Usaha Negara Kadek Indra Yuda; I Nyoman Putu Budiartha; Desak Gde Dwi Arini
Jurnal Analogi Hukum Vol. 2 No. 2 (2020): Jurnal Analogi Hukum
Publisher : Fakultas Hukum Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/ah.2.2.2020.228-233

Abstract

Buying and selling land is one of the legal acts that can cause the transfer of land rights from the hand of the seller to the buyer. The transition of land rights must be registered based on the evidence of the relevant deed. If traced from the beginning, there is a real buying and selling land arising based on an agreement or approval that is set in the form of a covenant between the seller and the buyer. Based on the background of this research problem is: how the existence of land-Buy sales certificate handled by PPAT certificate was cancelled and how the legal sanctions on Dibatalkannya legal status of PPAT deed in the purchase and Sale of land. The type of research used is empirical legal research. The results of the discussion in this study are: the existence of land purchase certificate that issued PPAT certificate was cancelled because PPAT is State Administration officer, in the event of a dispute, BPN is responsible for the certificate that has been Issued. PPAT has never come into contact with the TUN judiciary relating to the treaty Deed of ownership of the land. Guidelines for creating a certificate of land ownership in BPN. If the certificate is cancelled, the party that is won shall apply for the cancellation of the certificate to BPN, and juridically the PPAT deed that has been registered to the land Office is automatically null and void. Legal sanctions against the legal status of PPAT certificates and the sale of land, which have the same consequences as the unlawful act is only a violation of the law can be resolved through a public court, not Can be resolved through the State Administrative Court.
Kedudukan Hukum Harta Kekayaan Akibat Perceraian I Nyoman Sumardiana; I Nyoman Putu Budiartha; Desak Gde Dwi Arini
Jurnal Analogi Hukum Vol. 2 No. 2 (2020): Jurnal Analogi Hukum
Publisher : Fakultas Hukum Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/ah.2.2.2020.187-191

Abstract

As long as a marriage is still going well and harmoniously, the legal consequences of marriage on property are still not felt, because they consider their property to be a unit to be used together in a common opinion and interest between husband and wife. Even if the husband between the husband and wife does a legal act against their property where the husband or wife actually has no right to do so, it means that there has been a violation of the law of marital property, but the legal consequences of the property in marriage are sometimes still not yet felt and not disputed by the husband and wife concerned. The formulation of the problem of this research is: how is the regulation of marriage assets in Indonesia and how the position of marital assets due to divorce is. The type of research used in this study is normative legal research. The results of the discussion in this study are: Regulation of marriage assets is pluralistic. Law No. 1 of 1974 concerning Marriage has regulated the problem of wealth, but the regulation in the law is very concise and incomplete, so that it cannot be used as a basis for resolving marital wealth disputes that occur between husband and wife when the marriage is broken, especially if caused by divorce. Therefore according to the provisions of Article 66 UUP, because it has not been regulated in full and in detail, then regarding the settlement of marriage assets using the law of each husband and wife concerned. The position of marital property according to UUP in principle is carried out separately in the sense that there is no unity as stipulated in the Civil Code. According to Article 35 UUP of marriage property consists of two types: a). Joint assets, namely assets acquired by a husband and wife during a marriage; and b). Default Assets are assets acquired and already owned by husband and wife before marriage.
Asas Itikad Baik dalam Perjanjian Sewa-Menyewa Rumah Kantor Manaon Damianus Sirait; Johannes Ibrahim Kosasih; Desak Gde Dwi Arini
Jurnal Analogi Hukum Vol. 2 No. 2 (2020): Jurnal Analogi Hukum
Publisher : Fakultas Hukum Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/ah.2.2.2020.221-227

Abstract

The needs of a place which can used for the house, office raising as relating to the economic business growing in any states, The State Union of Republic of Indonesia (NKRI), including. Unrarely, there is a gap between the needs and the property availability which causing the price of leasing raise up or down. The property high demand without a balanced supply can push a new business line up. Now a new business line growing vastly is the leasing business of the house, office, at the cities with a strategic location. The legal fundament of the lease determining in article 1548 of the Civil Code (KUHPerdata). The research method using in the writing of this ascription is the normative law research with conceptual approached by the relevant law materials and law regulations. Leasing as a mutual agreement in which each party ought to perform the substances of the lease agreement to avoid the defaults. According to the research result, there are a few conclusions, namely: First, the law impact of default on leased contract are compensations, cancellation of the agreement, risk transfer, and the payment of case fees. Second, the good faith formulation in leased contract based on article 1320 Co 1338 verses (3) Code of Civil Law (KUHPerdata) that emphasizing trust, good will and full responsibility on their dealing in leased contract. The good faith could be formulated after the parties understood its meaning interpretation and the function in the leased contract.
Tanggungjawab Dokter Terhadap Pasien dalam Perjanjian Terapeutik Komang Ayu Windy Widyastari Putri; I Nyoman Putu Budiartha; Desak Gde Dwi Arini
Jurnal Analogi Hukum Vol. 2 No. 3 (2020): Jurnal Analogi Hukum
Publisher : Fakultas Hukum Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/ah.2.3.2020.315-319

Abstract

Abstract—Humans are living being who have the right to get a good and healthy environment and are entitled to health services. According to article number 36, 2009 about Health, Therapeutic Agreement which is the relationship between doctor and the patient that allow doctor to conduct giving healthcare to the patients according their skills. The background of this paper is because there is an agreement of therapeutic between doctor and patient. The problem rise: 1. what is the law regulation of Therapeutic agreement between doctor and the patient in medical services? 2. How is the civil law and criminal law responsibility between doctor and the patient in therapeutic agreement? This paper is also intended to know about doctor’s responsibility to the patient of therapeutic agreement. Normatic law scientific method is used in writing this paper with statute approach, conceptual approach, and document approach. The source of law study primary secondary, secondary and tarsiers. The conclusion is the terapeutik agreement between doctor and patient is listed under the article of doctor’s responsibility of therapeutical agreement in general can be divided into 3, (1) the act of law violation (Article 1365 Civil Code); (2) irresponsible or careless act (Article 1366 Civil Code); (3) The Responsibility of the Leader to their Ordinate (Article 1367 Civil Code). And added with number.36 Act of 2009 on health, article 56 paragraphs 1, 2, 3, article 57 paragraph 1, 2, article 58 paragraphs 1, 2, 3.
Implementasi Peraturan Walikota Denpasar Nomor 9 Tahun 2009 Tentang Penataan dan Pembinaan Pasar Tradisional, Pusat Perbelanjaan dan Toko Modern Ni Kadek Diah Sri Laksmi Dewi; Ni Luh Mahendrawati; Desak Gde Dwi Arini
Jurnal Analogi Hukum Vol. 3 No. 1 (2021): Jurnal Analogi Hukum
Publisher : Fakultas Hukum Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/ah.3.1.2021.22-26

Abstract

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.
Perlindungan Konsumen Laundry Dalam Perjanjian Baku Pada Usaha Cha Cha Laundry Ni Nyoman Diah Widiasih; Ni Luh Mahendrawati; Desak Gde Dwi Arini
Jurnal Analogi Hukum Vol. 3 No. 1 (2021): Jurnal Analogi Hukum
Publisher : Fakultas Hukum Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/ah.3.1.2021.96-100

Abstract

A Service wash or known as laundry has made many people easier in working because it could save their daily life. However, most of the consumers are aggrieved by the standard form contract between two parties where the therms and contracts are set by one of the parties. The formulation of the problems in this study are 1. What is the form of consumer protection for laundry against laundry standard agreements? 2. What are the legal consequences if there is default on the laundry standard agreement? The research method used is an empirical method. In the case, this contract is set by the owner whose ability is higher to negotiate more favorable terms. Therefore, there is a need for legal protection for laundry consumers according to the Consumer Protection. Both parties-the owner and consumer-are wired to make deals if it is associated with the article 1320 on Indonesian Civil Code. The protections law for the consumer of the laundry service regarding to the standard form contract is the owner is obligated to pay damages if he/she is in default or tort. Whereas, if there is a default on laundry service’s strandard from contract, it can be canceled by law, because the owner should pay damages as the consumer has rights and obligations as had been regulated in article 4 and 5 of act number 8, 1999 on Consumer Protection.
Perjanjian Pinjam Meminjam Uang Antara Renternir Dengan Konsumen di Pasar Desa Adat Mengwi Ni Ketut Diah Prihandani; Desak Gde Dwi Arini; Ni Made Puspasutari Ujianti
Jurnal Analogi Hukum Vol. 3 No. 1 (2021): Jurnal Analogi Hukum
Publisher : Fakultas Hukum Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/ah.3.1.2021.47-51

Abstract

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.
Perlindungan Hukum Terhadap Tenaga Kerja Indonesia di Luar Negeri Ni Kadek Sintia Dewi; Desak Gde Dwi Arini; Luh Putu Suryani
Jurnal Analogi Hukum Vol. 3 No. 1 (2021): Jurnal Analogi Hukum
Publisher : Fakultas Hukum Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/ah.3.1.2021.37-41

Abstract

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.
Penyelesaian Wanprestasi Antara Bank dan Nasabah Melalui Mediasi di BPR Werdhi Sedana Gianyar Vijayetta Sriratih Viswari; Nella Hasibuan O'leary; Desak Gde Dwi Arini
Jurnal Analogi Hukum Vol. 3 No. 2 (2021): Jurnal Analogi Hukum
Publisher : Fakultas Hukum Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/ah.3.2.2021.201-205

Abstract

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.
Fungsi Pengawasan Bank oleh Otoritas Jasa Keuangan dalam Penyaluran Kredit bagi Badan Usaha Milik Swasta I Komang Arya Wisnu Amerta; Ni Komang Arini Satyawati; Desak Gde Dwi Arini
Jurnal Analogi Hukum Vol. 3 No. 2 (2021): Jurnal Analogi Hukum
Publisher : Fakultas Hukum Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/ah.3.2.2021.156-160

Abstract

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.
Co-Authors A.A. Bagus Amlayasa AA Mas Pradnyandari Mantara Agus Ngurah Krisna Kepakisan Anak Agung Ayu Agung Cleo Bayu Pertiwi Anak Agung Ayu Erna Trisnadewi Anak Agung Ayu Indira Diana Dewi. S 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 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 Dewi, A.A Sagung Laksmi Diah Gayatri Sudibya Dwi Nova Indriyani Dwi Purnawan Dodik Saputra Frederika Ni Made Dwita Noviyanti Gede Agus Wiadnyana Gofin Sahensa Pradana I Gede Agus Wira Sanjaya I Gede Vera Yudana I Gusti Agung Satrya Wiguna S I Gusti Ayu Intan Surya Dewi I Gusti Ketut Sri Astiti I Kadek Bayu Antara I Kadek Duta Anugrah I Komang Adhi trisna Saputra I Komang Arya Wisnu Amerta I Komang Mahesa Putra 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 Rai Sukerta I Made Wira Manik Prayascita I Made Wiratama I Made Yoga Bisama I Nyoman Gede Sugiartha I Nyoman Puru Budiartha I Nyoman Putu Budiartha I Nyoman Putu Budiartha I Nyoman Putu Budiartha I Nyoman Sukandia I Nyoman Sumardiana I Putu Gede Murditayasa I Putu Haris Parwita I Putu Rusdi Eka Pratama I Wayan Gede Alfitra Surya Wijaya Ida Ayu Gede Wulandari Ida Ayu Gede Wulandari Ida Ayu Surya Dwijayanti Johannes Ibrahim Kosasih Johannes Ibrahim Kosasih Kadek Anggik Dwiyanti Kadek Della Ayu Saputri Kadek Indra Yuda Karma, Ni Made Sukaryati Komang Ayu Windy Widyastari Putri Kristian Ananta Dion l Gede Surya Mardita Putra Luh Eni Pribadi Luh Made Mahendrawati Luh Putu Sudini Luh Putu Suryani Luh Putu suryani Made Bagus Rizal Raysando Manaon Damianus Sirait Mey Anjani Nella Hasibuan O'leary Nella Hasibuan OLeary Nengah Ganawati Nengah Ganawati Nengah Ganawati 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 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 Mahendrawati Ni Luh Mahendrawati Ni Luh Mahendrawati Ni Luh Mahendrawati Ni Made Dwi Wulandari Ni Made Harini Ni Made Puspasutari Ujianti Ni Made Ratih Prameswari Ni Made Widya Pratiwi Ni Nyoman Diah Widiasih Ni Putu Nita Erlina Sari Ni Putu Purnama Wati Ni Wayan Lusiana Sari Nurin Fitriana Ulfa Pande Bagus Yoga Pratama Putra Putri Alam Prabancani Putu Ayu Sriasih Wesna Putu Ayu Sriasih Wesna Putu Ayu Sriasih Wesna Putu Ayu Sriasih Wesna Putu Bagus Gandiwa Dhanandjaya Putu Berliana Prema Swari Putu Budiartha, I Nyoman Putu Inten Kanaya Putu Suryani . Rivaldo Avianto Rofi Kurniawan Rustandi Sukiani, Ni Ketut Vijayetta Sriratih Viswari Yoaneta Spiridiana Sorowea Yosef Primus Bana