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All Journal Sociological Jurisprudence Journal KERTHA WICAKSANA Jurnal Konstruksi Hukum Jurnal Interpretasi Hukum Jurnal Preferensi Hukum (JPH) Community Services Journal (CSJ) Jurnal Analogi Hukum Community Service Journal of Law
Arini, Desak Gde Dwi
Fakultas Hukum Universitas Warmadewa
Law, Crime, Criminology & Criminal Justice Social Sciences

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Pelanggaran Hukum Hak Atas Merek dalam Hubungannya dengan Persaingan Usaha Tidak Sehat di Indonesia Ni Made Ratih Prameswari; I Nyoman Putu Budiartha; Desak Gde Dwi Arini
Jurnal Analogi Hukum Vol. 3 No. 3 (2021): Jurnal Analogi Hukum
Publisher : Fakultas Hukum Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/ah.3.3.2021.277-281

Abstract

The number of brand violations that can be categorized as unfair business competition, which still produces counterfeit products and persists to this day because the public's interest in brand products is still very large because prices are much more expensive. This study aims to find out what forms of violation of trademark rights are categorized as unfair business competition and what legal remedies are available for business actors who market brands without permit. This study uses a normative legal research method by making legal norms the object of the research. The results of the study stated that the violation of trademark rights was categorized as unfair business competition, which was concluded through imitation of the brand, in essence, such as installing a logo exactly with the original brand that was already well-known. As for legal remedies for business actors who market brands without a permit, they can be subject to sanctions, in article 382bis of the Criminal Code, sanctions can also be imposed, namely material acts that are punishable by maximum imprisonment of 1 year and maximum fine of Rp.900,000,000.00.
Disgorgement sebagai Upaya Perlindungan Hukum dalam Pengembalian Keuntungan Tidak Sah dan Dana Kompensasi Kerugian Bagi Investor di Bidang Pasar Modal I Komang Ngurah Wirya Jaya; I Nyoman Putu Budiartha; Desak Gde Dwi Arini
Jurnal Analogi Hukum Vol. 4 No. 1 (2022): Jurnal Analogi Hukum
Publisher : Fakultas Hukum Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/ah.4.1.2022.50-54

Abstract

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.
Efektivitas Pelaksanaan Peraturan Menteri Dalam Negeri Nomor 15 Tahun 2021 Tentang Pemberlakuan Pembatasan Kegiatan Masyarakat Darurat Covid-19 di Dinas Perhubungan, Kelautan dan Perikanan Kabupaten Jembrana Ni Komang Sutha Yudiansari; I Nyoman Putu Budiartha; Desak Gde Dwi Arini
Jurnal Analogi Hukum Vol. 4 No. 2 (2022): Jurnal Analogi Hukum
Publisher : Fakultas Hukum Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/ah.4.2.2022.162-166

Abstract

Jembrana is a district located at the West end of the island of Bali. The job of the Transportation Office is to conduct transportation or transportation policies in Jembrana Regency. Soaring cases of the Covid-19 pandemic led the government to issue the Ministry of Home Affairs regulation No. 15 of 2021 so it is mandatory to implement restrictions on people's activities. The formulation of the problem discussed is: What is the effectiveness of the implementation of Ordinance No. 15 of 2021 on Enforcement of Restrictions on Covid-19 Emergency Community Activities at Jembrana District Transportation, Oceans and Fisheries Office? And How is the government's policy on regulating land travel transportation during the period of the enforcement of the Covid-19 Emergency Community Activity Restriction in Jembrana District Transportation, Oceans and Fisheries Office. This research method uses empirical research types. The effectiveness of implementing the Enforcement of Restrictions on Community Activities has been in accordance with the Ministry of Home Affairs Regulation No. 15 of 2021 that applies to the Transportation Office and Jembrana Regency areas. The government's policy of regulating land-travel transportation is to initialize passengers and compulsory PCR tests and vaccinations.
Perlindungan Hukum Rahasia Dagang atas Informasi Bisnis dalam Perjanjian Kerja Di Kota Denpasar (Studi: Street Food Hoki Takoyaki) Rivaldo Avianto; Ni Luh Mahendrawati; Desak Gde Dwi Arini
Jurnal Analogi Hukum Vol. 4 No. 3 (2022): Jurnal Analogi Hukum
Publisher : Fakultas Hukum Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/ah.4.3.2022.238-242

Abstract

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.
Akibat Hukum Dari Wanprestasi Dalam Transaksi Pemesanan Hotel di Bali Secara Online Kristian Ananta Dion; Ni Luh Made Mahendrawati; Desak Gde Dwi Arini
Jurnal Analogi Hukum Vol. 6 No. 3 (2024): Jurnal Analogi Hukum
Publisher : Fakultas Hukum Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/jah.6.3.2024.336-343

Abstract

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.
Pengaturan Pajak Pertambahan Nilai dan Pajak Penghasilan Atas Barang Dalam Transaksi Perdagangan Dengan Sistem Elektronik (E-Commerce) Ni Luh Debby Srinitha Mulyani; I Nyoman Putu Budiartha; Desak Gde Dwi Arini
Jurnal Analogi Hukum Vol. 7 No. 2 (2025): Jurnal Analogi Hukum
Publisher : Fakultas Hukum Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/jah.7.2.2025.224-228

Abstract

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).
Tanggung Jawab PT Jasa Raharja Dalam Klaim Asuransi Terhadap Kecelakaan Lalu Lintas Penumpang Angkutan Umum Cok Gede Bagus Putra Premana Pemayun; I Nyoman Putu Budiartha; Desak Gde Dwi Arini
Jurnal Analogi Hukum Vol. 7 No. 2 (2025): Jurnal Analogi Hukum
Publisher : Fakultas Hukum Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/jah.7.2.2025.131-136

Abstract

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.
Savings and Loan Cooperative of Tridana Mandiri in Denpasar Desak Gde Dwi Arini; Putu Ayu Sriasih Wesna; Ni Made Sukaryati Karma; Desak Ade Devicia Cempaka; Ida Ayu Gede Wulandari
Community Service Journal of Law Vol. 1 No. 1 (2022)
Publisher : Fakultas Hukum, Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/csjl.1.1.2022.49-53

Abstract

As a higher education institution, Warmadewa University must ensure that it always adheres to the Tridharma of Higher Education in accordance with the predetermined vision and mission. Now every lecturer is encouraged to be able to package community service activities both in groups and individually which will later show concern for the community. Community service activities can be carried out by providing enlightenment by providing legal counseling and consultation to the community in various fields of life in the economic field. One thing that should be observed is the existence of a credit agreement, where it is expected that every cooperative business entity is required to have an agreement in this case a credit agreement. Civil Code. Other matters will be contained in an agreement that is easier to change according to economic developments. In the end, this program is expected to be able to provide understanding and solutions to cooperative business entities, especially the Tridana Mandiri Denpasar Savings and Loans Cooperative, to be able to continue to exist as part of a business entity that is developing its existence. When a customer does not pay an obligation, which is called a default, the dispute resolution process is attempted by way of deliberation or kinship.
Empowerment And Preservation of Mekotek Dance in the Tourist Area of Munggu Village, Mengwi District, Badung Regency Desak Gde Dwi Arini; Putu Ayu Sriasih Wesna; Ni Ketut Sukiani
Community Service Journal of Law Vol. 1 No. 2 (2022)
Publisher : Fakultas Hukum, Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/csjl.1.2.2022.67-77

Abstract

Mekotek dance is fragmentary of the mekotek tradition in Munggu Tourism Village which includes intellectual works within the scope of copyright and has been stated in real form and has rights that need legal protection. The aims of this study is to analyze the implementation of copyright registration for mekotek dance and to find out the form of legal protection. The methods of implementation carried out in the community service program are by Business Law Program, Sastra Faculty Program, and The partnership of Munggu Village tourist area Mengwi district Badung Regency. The results obtained in the study as follows, the implementation of copyright registration for dance mekotek can be done online and offline. For the management of the registration process, it is represented by the Chairman of the Munggu Village Tourism Awareness Group, namely Mr. Putu Suada. Of course, the implementation starts from looking for requirements documents such as the identity of the parties, filling out the application letter; affidavit of ownership; transfer letter of rights where all must be pdf, and proof of the work of mekotek dance in the form of storylines and MP3 videos. The registered creation will be subject to the registration fee. After everything is collected and then sent to the HAKI Partner to take care of online by waiting approximately 1 month to get the results in the form of copyright certificates. Therefore, the results of the registration will be in line to obtain legal protection and lead to quality tourism.
Village Community Empowerment Support Against West Bali National Park Hall, Jembrana Regency Luh Putu Sudini; Desak Gde Dwi Arini; Ni Made Widya Pratiwi; Agus Ngurah Krisna Kepakisan; Anak Agung Nia Listiari; I Komang Adhi trisna Saputra
Community Service Journal of Law Vol. 1 No. 2 (2022)
Publisher : Fakultas Hukum, Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/csjl.1.2.2022.111-117

Abstract

West Bali National Park, Jembrana Regency is a nature conservation area that has native ecosystems, managed with a zoning system that is used for research, scientific, educational purposes, to support cultivation, tourism and recreation. West Bali National Park, Jembrana Regency is the only national park in Bali Province. Local wisdom is one of the things that must be considered in Environmental Protection and Management activities, especially in community activities to preserve the protected forest of the West Bali National Park. Partner Issues: 1) Lack of optimization of local wisdom towards the West Bali National Park in Supporting Village, especially Melaya Village, 2) There is no synchronization of the rights and obligations of the parties to the Conservation contract between the Village community and the Village Head, especially the Melaya Village. The research method used is empirical legal research, namely by primary data collection through observation, interviews, and distributing questionnaires. After the primary data has been collected, it is processed, using qualitative methods and analyzed using Descriptive analytical techniques to get conclusions with accurate data. The output targets of this service are: To form a draft conservation contract between the Village of Support (Desa Melaya) and the West Bali National Park Center, a reputable accredited Service Journal (Community journal of Law) and the Sutramas Journal, HKI, Print Media.
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