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<![CDATA[Perlindungan Hukum Hak Pemegang Saham Dalam Pembubaran Perusahaan Berdasarkan Undang-Undang Nomor 40 Tahun 2007 Tentang Perseroan Terbatas (Studi Kasus Putusan Mahkamah Agung Nomor 1618 K/PDT/2016) ]]>
<![CDATA[Tengku Agung Kurniawan]]>
<![CDATA[ KERTHA WICAKSANA Vol. 16 No. 1 (2022) ]]>
Publisher : <![CDATA[Fakultas Hukum, Universitas Warmadewa ]]>
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DOI: 10.22225/kw.16.1.2022.69-79
<![CDATA[The dissolution of a limited liability company is regulated in Article 142-146 of Law Number 40 of 2007 concerning Limited Liability Companies. In the case of the Supreme Court Decision Number 1618 K/Pdt/2016 where one of the requirements for the application for the dissolution of a Limited Liability Company is to notify the tax agency that the company has been inactive for 3 (three) years or more which must be carried out by the Board of Directors. Whereas in the case of the dissolution of the company through a court order in article 146 paragraph 1 letter c it states that the district court may dissolve the company at the request of the shareholders, the Board of Directors or the Board of Commissioners based on the reasons that the company is not possible to continue. The formulation of the problem in this study is first, how is legal certainty to shareholders, due to the lack of clarity on who is entitled to apply for the dissolution of a limited liability company (case study of the Supreme Court's decision number 1618 k/pdt/2016, secondly, how is the legal protection for shareholders, in the case of dissolution of the company). the company in particular regarding the parties entitled to apply for the dissolution of the limited liability company (case study of the Supreme Court's decision number 1618 k/pdt/2016). In this study using a normative legal research method, namely by studying literature. The results of the study concluded that to truly guarantee legal certainty in To protect the rights of shareholders as a result of the dissolution of a company, a law, in addition to meeting formal requirements, must also meet other requirements, namely clear in its formulation, consistent in its formulation both internally and externally, use of appropriate language and easy to understand by people who read it. anya. Legal protection for shareholders, in the dissolution of the company, especially regarding the parties entitled to apply for the dissolution of the limited liability company (Case Study of Supreme Court Decision Number 1618 K/Pdt/2016) that the losses suffered by shareholders are very large losses which have implications for the development of the decision sector. The decision must provide legal protection to the shareholders. The law is made by the ruler and there is an order that must be obeyed, the judge must comply with the regulations that have been made by the authorities through laws and regulations which specifically in this case are subject to Law Number 40 of 2007 concerning Limited Liability Companies.]]>
<![CDATA[Eksistensi Peraturan Desa Tentang Sanksi Pencurian (Na’o Norok) dalam Rangka Ketertiban dan Keamanan Masyarakat Desa Koting A Kecamatan Koting Kabupaten Sikka ]]>
<![CDATA[Melki Da Gomez]]>;
<![CDATA[Rodja Abdul Natsir]]>;
<![CDATA[Danar Aswim]]>
<![CDATA[ KERTHA WICAKSANA Vol. 16 No. 1 (2022) ]]>
Publisher : <![CDATA[Fakultas Hukum, Universitas Warmadewa ]]>
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DOI: 10.22225/kw.16.1.2022.57-62
<![CDATA[Tujuan penelitian ini adalah untuk mengetahui bagaimana keberadaan peraturan desa tentang sanksi pencurian (Na'o Norok) dalam rangka ketertiban dan keamanan masyarakat di Desa Koting A Kecamatan Koting Kabupaten Sikka, dan untuk mengetahui seberapa efektif penerapan peraturan desa tersebut. peraturan desa tentang penerapan sanksi pencurian (Na'o Norok) dalam rangka ketertiban dan keamanan masyarakat di Desa Koting A Kecamatan Koting Kabupaten Sikka. Jenis penelitian yang digunakan adalah penelitian lapangan dengan pendekatan kualitatif dengan menggunakan sumber data primer dan sekunder kemudian disajikan dalam bentuk analisis deskriptif dimana data yang dihasilkan dari sumber data primer dan sekunder dideskripsikan dan memberikan gambaran yang sesuai dengan kenyataan di lapangan untuk kemudian menghasilkan kesimpulan. Hasil penelitian membuktikan bahwa pertama, adanya Peraturan Desa tentang penerapan sanksi pencurian (na'o norok) dapat dilaksanakan dan memberikan efek jera terhadap kehidupan sosial masyarakat dalam hal ini pencurian (na'o norok) norok) sehingga dapat tercipta ketertiban dan keamanan masyarakat dalam hal kepemilikan barang. . Kedua, dengan Peraturan Desa Nomor 07 Tahun 2018 pasal 3 ayat (2), ketertiban dan keamanan masyarakat dalam hal kenyamanan kepemilikan barang dapat terjaga, dan permasalahan sosial dapat dihindarkan, dalam hal ini kasus pencurian (na' o norok) karena masyarakat takut dikenakan sanksi adat.]]>
<![CDATA[Pengaruh Keterwakilan Perempuan Dalam Pembentukan Peraturan Daerah Provinsi Sumatera Barat ]]>
<![CDATA[Helmi Chandra]]>;
<![CDATA[Hendriko Arizal]]>
<![CDATA[ KERTHA WICAKSANA Vol. 16 No. 1 (2022) ]]>
Publisher : <![CDATA[Fakultas Hukum, Universitas Warmadewa ]]>
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DOI: 10.22225/kw.16.1.2022.21-34
<![CDATA[In West Sumatra in the 2019 Election, the West Sumatra Provincial DPRD has experienced a decline. The weak position of women in the legislative body will certainly make it difficult for women to fight for women's rights and not produce regional regulations that are discriminatory against women. It is hoped that women's activities in the policy-making process will be able to produce a number of changes in each policy. However, the tendency is that there is still a lack of women's DPRDs to exercise their right of initiative in drafting regional regulations, placement of positions that are not strategic and the existence of resistance hindering the role of women DPRD members to be able to form regional regulations.]]>
<![CDATA[Perundungan Siber: Pencegahan Perilaku Melalui Pengenalan Aspek Hukum ]]>
<![CDATA[Evelyn Angelita Pinondang Manurung]]>;
<![CDATA[Maria Osmunda Eawea Monny]]>
<![CDATA[ KERTHA WICAKSANA Vol. 16 No. 1 (2022) ]]>
Publisher : <![CDATA[Fakultas Hukum, Universitas Warmadewa ]]>
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DOI: 10.22225/kw.16.1.2022.15-20
<![CDATA[Development of technology globally, the needs of the community, especially the younger generation, for technological devices in daily activities are important. As a result of these developments, technology has gradually changed the behavior of society and human civilization globally. The development of internet technology has also caused the world to become borderless and caused significant changes in human behavior. Cyberbullying among the young generation today is an important issue that cannot be underestimated at this time. This problem can occur in any country regardless of the level of socio-economic development of a region. Cyberbullying has a negative impact on the psychological condition of victims of bullying. This research is a literature review that discusses library materials and legal materials related to cyberbullying. This study aims to determine the legal aspects related to cyber bullying behavior so that every level of society, especially the younger generation, understands and understands legal aspects such as the impact / consequences of cyber bullying behavior. This study uses a normative juridical research method using library law sources. The fact that there are many cases of cyber bullying involving students is evidence that the public's understanding of the negative impact of cyber bullying behavior is low. Every victim of bullying also deserves a sense of security and legal protection. The existence of socialization of the legal impact of cyber bullying behavior is very necessary, none other than so that cyber bullying behavior can be prevented or minimized.]]>
<![CDATA[Legalitas Abortus Provocatus Sebagai Akibat Tindakan Pemerkosaan ]]>
<![CDATA[Ida Bagus Wirya Dharma]]>
<![CDATA[ KERTHA WICAKSANA Vol. 16 No. 1 (2022) ]]>
Publisher : <![CDATA[Fakultas Hukum, Universitas Warmadewa ]]>
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DOI: 10.22225/kw.16.1.2022.45-50
<![CDATA[Abortus Provocatus become legal issues that always have pros and cons. Pros group basically not directly support the abortion however more emphasize on the importance to protect reproductive rights that having by woman and the guarantee of the children’s future life. Cons group by emphasize the right of life that having by the fetus as human that has right to life. The data showed that abortion can be done with some reasons, one of them is pregnant as the result of the rape. This study aimed to analyze juridically the legality of abortus provocatus as the effect of the rape. The research method used was normative legal research by putting law as norm with statutory regulations and doctrinal approaches. The legality of Abortus Provocatus as the result of the rape can be done, it is on Article 75 paragraph (3), Article 75 paragraph (4), Article 126 paragraph (4), and Article 127 paragraph (2) Statutory number 36 Year 2009 regarding Healthy and Article 31, Article 34, Article 35 Government Regulation Nomor 61 Year 2014 regarding Reproduction Health.]]>
<![CDATA[Kebijakan Pembagian Hasil Pengelolaan Objek Wisata di Kabupaten Bangli ]]>
<![CDATA[Luh Putu Suryani]]>;
<![CDATA[Ni Made Puspasutari Ujianti]]>;
<![CDATA[Ida Ayu Putu Widiati]]>
<![CDATA[ KERTHA WICAKSANA Vol. 16 No. 1 (2022) ]]>
Publisher : <![CDATA[Fakultas Hukum, Universitas Warmadewa ]]>
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DOI: 10.22225/kw.16.1.2022.51-56
<![CDATA[The island of Bali is famous for its natural beauty. Likewise with Bangli Regency which is one of the regencies on the island of Bali which is famous for having water tourism destinations that are no less beautiful than other places on the island of Bali. Tibumana Waterfall is a tourist attraction managed by the traditional village through an agreement made between the traditional village and the Apuan village government through an agreement. On the basis of the agreement, the traditional village can better manage tourist objects and attractions, beautiful in accordance with the Hindu order, so that their uniqueness and beauty can be maintained and developed. The cooperation agreement between the Bendesa Adat Bangunlemah Kawan and the Perbekel of Apuan Village is in accordance with the anatomy of the contract which requires that the contract must include the scope, rights and obligations, provisions for force majeure and provisions for dispute resolution. The policy model in the distribution of the results of the management of tourism objects in the Tibumana waterfall does not reflect the principle of justice. To be more ideal, before the contract is drawn up, the Village Government forms a Village Regulation which regulates the management of tourism objects in the Apuan village area, because the opening of tourist objects to tourists will of course have a levy to be paid. For illegal levies, the retribution must go through a Village Regulation. After the village regulations are formed, contracts are drawn up to determine more concrete matters.]]>
<![CDATA[Cacat Kehendak Sebagai Dasar Batalnya Perjanjian ]]>
<![CDATA[I Ketut Widia]]>;
<![CDATA[I Nyoman Putu Budiartha]]>
<![CDATA[ KERTHA WICAKSANA Vol. 16 No. 1 (2022) ]]>
Publisher : <![CDATA[Fakultas Hukum, Universitas Warmadewa ]]>
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DOI: 10.22225/kw.16.1.2022.1-6
<![CDATA[Disputes or conflicts are social phenomena that cannot be avoided at all. No society or individual is spared and can be freed from the phenomenon of conflict. Conflict is inevitable. About the causes of the dispute very much. There are disputes that start from problems of love, jealousy, third persons, children, to high-escalation disputes involving many people and society. So far, civil lawsuits have only been based on acts against the law and breaking promises or defaults. This study intends to answer problems related to the cancellation of the agreement based on a cacat kehendak. The problem in question is, can the Cacat Kehendak based on the provisions of Article 1321 of the Civil Code be used as the basis for canceling the sale and purchase of land between Warinah and Nurkhofifah at the Banyuwangi District Court. The second problem is, what are the legal consequences of the cancellation of the sale and purchase of land on the basis of a cacat kehendak between Warinah and Nurkhofifah at the Banyuwangi District Court. This research method is a type of normative legal research. The theory used as a knife for problem analysis is the theory of conflict resolution and the theory of the law of the welfare state. The conclusion of this study is, the sale and purchase transaction agreement based on a cacat kehendak was canceled by the Banyuwangi District Court Judge with Decision Number: 198/Pdt.G/2016/PN.Byw. The legal consequence of the cancellation of the sale and purchase agreement is Warinah as the legal owner of the disputed land again as the owner of the land in question.]]>
<![CDATA[Kajian Yuridis Mengenai Kekuatan dan Kepastian Hukum Sertipikat Hak Tanggungan Terhadap Musnahnya Objek Karena Force Majeure ]]>
<![CDATA[Ni Made Trisna Dewi]]>
<![CDATA[ KERTHA WICAKSANA Vol. 16 No. 1 (2022) ]]>
Publisher : <![CDATA[Fakultas Hukum, Universitas Warmadewa ]]>
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DOI: 10.22225/kw.16.1.2022.63-68
<![CDATA[Mortgage rights are collateral rights imposed on land rights. Mortgage rights are used to bind guarantees in the form of land using a deed made by the Land Deed Maker OfficerArticle 18 the act of Underwriting Rights does not regulate the abolition of Underwriting Rights how is the legal strength and title of the right to loss of objects due to corruption and second, What is the legal certainty at the time of execution of certificates of liability against the destruction of objects due to force majeure. This legal research uses a type of normative legal research that is reviewing and analyzing materials and legal issues. Moving on from the void of norms in the act of the Underwriting Rights related to debt guarantees that have been granted Underwriting Rights to creditors considering the land from the debtor has been destroyed due to natural disaster or force majeure. Method of approach to the Law Approach and Conceptual Approach The legal strength regarding the certificate of mortgage rights to Article 1245 of the Civil Code in the event that the object is destroyed due to natural disasters does not have normative force but does not result in the loss of the debtor's obligation to repay the obligation to the creditor, based on the principle pacta sun servanda. The policy that provides certainty for creditors as a privileged position in the case of accounts payable is by repressive action to enter into a credit insurance agreement that has the value of additional guarantees and preventive actions by making grosse deeds under the force of executive law.]]>
<![CDATA[Status Hukum dan Hak Waris Bagi Anak Angkat yang Tidak Dimohonkan dengan Penetapan Pengadilan ]]>
<![CDATA[Ida Ayu Kade Irsyanti Nadya Saraswati]]>
<![CDATA[ KERTHA WICAKSANA Vol. 16 No. 1 (2022) ]]>
Publisher : <![CDATA[Fakultas Hukum, Universitas Warmadewa ]]>
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DOI: 10.22225/kw.16.1.2022.7-14
<![CDATA[The purpose of a marriage is to form a family and continue offspring. But not all familes are lucky to have a child. One way to overcome this is by adopting a child. Adoption of a child can be carried out based on national law or customary law. Adoption of children based on customs in Government Regulation Number 54 of 2007 is not required to obtain a court order. This will cause problems relaed to inheritance rights for adopted children who are not requested for a court order. On the one side, this provides legal certainty for customary lawbecause is is recognized by national law. But on the other side wthout wrtitten evidence, if there is a dispute over inheritance rights in court, the position of the adopted child is not strong enough if it does not have written evidence.]]>
<![CDATA[Strategi Pengembangan Pariwisata Berkelanjutan (Sustainable Tourism Development) Berbasis Lingkungan Pada Fasilitas Penunjang Pariwisata di Kabupaten Badung ]]>
<![CDATA[Ida Ayu Putu Widiati]]>;
<![CDATA[Indah Permatasari]]>
<![CDATA[ KERTHA WICAKSANA Vol. 16 No. 1 (2022) ]]>
Publisher : <![CDATA[Fakultas Hukum, Universitas Warmadewa ]]>
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DOI: 10.22225/kw.16.1.2022.35-44
<![CDATA[The objective of tourism development is not only to increase economic growth but also to preserve nature and surrounding environment. In the context as in the Regency of Badung, the problem arising is that there are still many tourism supporting facilities that are not in accordance with the zoning or designated area so they can have a negative impact towards the environment. This study examines the meaning of the concept of developing an environmentally-based sustainable tourism and strategies for developing the environmentally-based sustainable tourism in the area of tourism supporting facilities in Badung Regency. This study is of great importance in order to discover solutions in the form of appropriate strategies or policies for a sustainable tourism development. This study belongs to a empirical legal research that uses primary data and secondary data. The results of the study show that the concept of sustainable tourism development focuses on long-term tourism development minimizing negative impacts on the environment. The government has a strategic role in formulating relevant tourism development policies, especially in the process of planning as stated in the tourism development master plan in both the Province and Regency/City. The value of the philosophy of Tri Hita Karana is very appropriate to be applied in formulating policies for sustainable tourism development. In addition to formulating policies, a strategy for developing environmentally-based sustainable tourism in tourism supporting facilities in Badung Regency can be implemented by ensuring that all development is in accordance with its designation so as to reduce negative impacts on the environment. Empowerment of local communities in tourism development is also very important to be applied by holding the principles of religious and cultural values that live in the community as well as environmental sustainability.]]>
