Kerta Dyatmika
KERTA DYATMIKA is a Journal of Legal Studies published by the Faculty of Law of the University of Dwijendra which publishes research results and conceptual ideas in the field of law that are packaged normatively or empirically related to government policy, jurisprudence or actual legal issues in the community. KERTA DYATMIKA has an International Standard Serial Number with number P ISSN 19788401, E ISSN 27229009 which is regularly published 2 times a year in March and September. In every publication, KERTA DYATMIKA presents scientific articles written by academics within the Faculty of Law of the University of Dwijendra and other University academics as well as writers who come from legal practitioners of government or private agencies. The KERTA DYATMIKA publication is aimed at all Dwijendra Universitys Faculty of Law students, academics, legal practitioners, state administrators, and other communities who need this publication.
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125 Documents
<![CDATA[KEDUDUKAN PERATURAN MENTERI PADA KONSTITUSI ]]>
<![CDATA[RUMIARTA, I NYOMAN PRABHU BUANA]]>
<![CDATA[ Kerta Dyatmika Vol 12 No 2 (2015): Kerta Dyatmika ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Dwijendra ]]>
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DOI: 10.46650/kd.12.2.373.%p
<![CDATA[ABSTRACTBased on Article 7 paragraph (1) of Act No. 12 year 2011, states that the type and hierarchy of legislation consists of the Constitution of the Republic of Indonesia year 1945, the People's Consultative Assembly Decree, Laws/Government Regulation in Lieu of Law laws, government regulations, the Presidential Decree, and the Provincial Regulation. Besides laws that have been set out in Article 7 paragraph (1) is, Act No. 12 year 2011 also recognizes other legislation, one regulation. Position regulation established after the enactment of Act No. 12 Year 2011, both established on the basis of the order of legislation that is higher or formed on the basis of authority in the field of government affairs particular that of the minister, qualified as legislation. Keywords: Position and Authority, Regulation Legislation, Regulation of the Minister. ]]>
<![CDATA[TANGGUNG JAWAB DEBITUR TERHADAP MUSNAHNYA BENDA JAMINAN FIDUSIA DALAM PERJANJIAN KREDIT BANK ]]>
<![CDATA[TRISNADEWI, NI MADE]]>
<![CDATA[ Kerta Dyatmika Vol 12 No 2 (2015): Kerta Dyatmika ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Dwijendra ]]>
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DOI: 10.46650/kd.12.2.374.%p
<![CDATA[ABSTRACT Responsibility of debtor to elimination of fidusia warrant goods in credit agreement has connection to bank role as intermediation institute, has function as financial medium in its role, has link between bank and customer based on two connected elements, namely legal and trust. In fact, practically bank in giving credit, warrant is always consideration factor that determine to fulfill credit application from public (debtor).Fidusia originates from word â??fidesâ? means trust. As its meaning, then connection between debtor and creditor represents connection of legal trust. Fidusia giver trust that fidusia receiver will return the warrant that has hand over, after debtor pay full its debt. On the contrary, fidusia receiver trust that fidusia giver will pay fully its debt and will not abuse the warrant in his authority. Key Words: Debtor Responsibilities, Fiduciary Assurance,Bank Credit Agreement ]]>
<![CDATA[PERLINDUNGAN DAN PENEGAKAN HAK TENAGA KERJA DALAM HAK ASASI MANUSIA ]]>
<![CDATA[ARTANA, I WAYAN]]>
<![CDATA[ Kerta Dyatmika Vol 12 No 2 (2015): Kerta Dyatmika ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Dwijendra ]]>
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DOI: 10.46650/kd.12.2.375.%p
<![CDATA[ABSTRACT Freedom is something that is owned by each individual is essential. Rights for workers, as mandated in the UUD 1945, states that every citizen has the right to work and a decent living for humanity. Referring to Law No. 39 In 1999, the government shall be responsible for, protect, uphold and promote human rights in enforcing it includes effective implementation within the scope of human rights law.Related to the workers, the right to privacy includes the right not to be enslaved or be controlled through any of its forms; the right to be free from forced or compulsory labor; the right to freedom of belief, religion and perform their religious beliefs or such; right / association and peaceful assembly; and the right to free speech and or expression. Key Words: Workers, Human Rights]]>
<![CDATA[PERLINDUNGAN HUKUM YANG DIBERIKAN TERHADAP PEMEGANG SAHAM DALAM UNDANG-UNDANG NOMOR 40 TAHUN 2007. ]]>
<![CDATA[SULISTYAWATI, NI PUTU YUNIKA]]>
<![CDATA[ Kerta Dyatmika Vol 12 No 2 (2015): Kerta Dyatmika ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Dwijendra ]]>
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DOI: 10.46650/kd.12.2.376.%p
<![CDATA[ABSTRACT Forms of Legal protection granded to minority shareholders in the Act number 40 of 2007 is given right for the minority shareholders to protect its importance: each shareholders have right to propose claim to the company to district court if aggrieved as resulted by company action that assumed un-fair as resulted of decision of (shareholders general meeting) RUPS, management or commisioner on behalf of company, shareholders which represented at least 1/10 of total share with valid voting right able to propose claim to board of management or comissioner that caused by their fault make loss for the company each shareholders have right propose to the company in order their stock should buy with fair price. Keywords: Legal Protection, Minority Shareholders, Act Number 40 of 2004. ]]>
<![CDATA[KEKUATAN HUKUM SERTIFIKAT HAK MILIK ATAS TANAH YANG DIBUAT BERDASARKAN PUTUSAN PENGADILAN ]]>
<![CDATA[TAIRA, AGUNG SATRYA WIBAWA]]>
<![CDATA[ Kerta Dyatmika Vol 13 No 1 (2016): Kerta Dyatmika ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Dwijendra ]]>
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DOI: 10.46650/kd.13.1.377.%p
<![CDATA[ABSTRACTÂ The question of land in human life has a very close relationship at all. It is certainly understandable, because most of the life is dependent rather than soil. For that the government in order to tackle imbalances and injustices land system today, issued a regulation in the field of land law called chess orderly land covering tertip pertanaham legal, orderly administration of land use and orderly maintenance of the environment.Court decisions that have legal effect can still be used on the application certificate of land ownership, in lieu of Pejabat Pembuat Akta Tanah (PPAT) as proof of transfer of ownership of a plot of land, the whole truth of the court's decision can not be proved should be by those who feel aggrieved.]]>
<![CDATA[POLITIK HUKUM PENGATURAN KETETAPAN MPR DALAM HIERARKI PERATURAN PERUNDANG-UNDANGAN ]]>
<![CDATA[ATMAJA, I MADE ARYA PUTRA]]>
<![CDATA[ Kerta Dyatmika Vol 13 No 1 (2016): Kerta Dyatmika ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Dwijendra ]]>
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DOI: 10.46650/kd.13.1.378.%p
<![CDATA[ABSTRACTThe third Amendment of UUD 1945 in 2001 put the position of MPR is no longer as the highest state institution but equal with another state institutions. This is certainly make a legal consequence to the legal product that produced by MPR and that legal product is Tap MPR. Tap MPR is no longer regulated in hierarchy of legislation in article 7 (1) Constitution No. 10 of 2004 on the establishment of legislation because Tap MPR is not included in the general legislation. But then the issuance of Constitution No. 12 of 2011 set back Tap MPR in hierarchy of legislation because some of Tap MPR is still valid in accordance with the Tap MPR number of I / MPR / 2003 on Judicial Review Matter and Legal Status of the Tap MPR Decree from 1960-2002. If it viewed through a political perspective, it can be said that Tap MPR Decree setting tug in the hierarchy of legislation can be said to be inconsistent of legal political or unclear. Said to be inconsistent or unclear because it is not in line with changes in the MPR authority and contrary to the theory of hierarchy of norms as a result of changes in the authority of MPR must also align with the legislation and do not deserve to be above the legislation.The debate re-occurs when the authority of the Constitutional Court to review the constitutionality of MPR is considered contrary to the 1945 Constitution questionable. Is the Constitutional Court is authorized to review the constitutionality of Tap MPR towards the UUD 1945? According to the Article 24C of UUD 1945, Constitutional Court is only authorized to review legislation towards UUD 1945. There is void of norm on the authority of the Constitutional Court but on the other side, citizens who feel their constitutional rights is violatedby the existence of the MPR can not do anything. The Constitutional Court was established with the aim of legislation under the Constitution does not conflict with the UUD 1945, the next purpose is to protect and ensure the constitutional rights of citizens contained in the UUD 1945 in order not to be violated by officials or state agencies. Departed from that purpose then the Constitutional Court is authorized to review the constitutionality of Tap MPR is considered contrary to the UUD 1945. Key Words     : Legal Politic, Tap MPR, Constitutional Court]]>
<![CDATA[DUALISME PEMBATALAN PERATURAN DAERAH PROVINSI DENGAN PERATURAN PRESIDEN DAN PERATURAN MENTERI DALAM NEGERI ]]>
<![CDATA[BUDIPUTRA, I GDE EDI]]>
<![CDATA[ Kerta Dyatmika Vol 13 No 1 (2016): Kerta Dyatmika ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Dwijendra ]]>
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DOI: 10.46650/kd.13.1.379.%p
<![CDATA[ABSTRACT Local regulations are local regulations that are established by local specificities recognized by the Constitution of the Republic of Indonesia-1945 as part of their decentralization. Local regulations can not contradict the legislation of higher order not to cause a result of the cancellation. This cancellation is the authority of the central government in relation to the unitary state. Supervision by the central government there are two models of preventive supervision and oversight repesif. Cancellation regulatory oversight repesif area is conducted on local government. Cancellation Provincial Regulation made by the President and the Minister of the Interior gave rise to a dualism. For it will be discussed on How cancellation arrangements are made with the Provincial Regulations and Regulations Presidential Decree of the Minister of the Interior? 2. What is the legal effect of the cancellation of Provincial Regulation by Presidential Decree and the Regulation of the Minister of the Interior? The issues discussed using normative research by using the approach of legislation, the legal concept analysis approach, in order to obtain answers that dualism cancellation provincial regulations stipulated in several laws including Law No. 32 Year 2004 on Regional Government, Law No. 28 year 2009 on Local Taxes and levies, Government Regulation No. 79 Year 2005 on Guidelines Direction and Control of Local Government, Minister of the Interior No. 1 Year 2014 on the Establishment of the Regional law Products stating that the authority of the cancellation of regulations made by the President of the instrument while the Presidential Decree cancellation made by the Minister of the Interior was limited to cancellation Draft Regional Regulation on stage during the evaluation of preventive supervision and legal consequences caused by the dualism cancellation of local regulations are different between cancellation made by the President and minister of Interior. Cancellation is cancellation of its President in the field of executive interim final cancellation made by the Minister of the Interior if the local government to enforce the local regulations canceled Interior Minister will ask the cancellation to the President. Keywords: Dualism, Regional Regulation, Supervision, and Cancellation. ]]>
<![CDATA[PENDAFTARAN HAK CIPTA DALAM PENEGAKAN HUKUM HAK CIPTA BERDASARKAN UU NO. 28 TAHUN 2014 TENTANG HAK CIPTA ]]>
<![CDATA[INDRADEWI, SH.,MH, Dr. A.A SAGUNG NGURAH]]>
<![CDATA[ Kerta Dyatmika Vol 13 No 1 (2016): Kerta Dyatmika ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Dwijendra ]]>
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DOI: 10.46650/kd.13.1.380.%p
<![CDATA[ABSTRACTÂ The intellectual property rights is part of the law of property, intellectual property rights are individual rights that are intangible. existing copyright protection automatically since the creation of the birth of the creator, so registration Copyright is not a must, because without any registration of a rights reserved.Article 37 of Law Number 28 of 2014 regarding Copyright affirmed that the registration in the General Register of Copyrights shall be conducted on Yag petition filed by the creator or by the copyright holder or authorized. Creation of registration letter mentapkan early evidence of the validity of the author's copyright registration is ultimately required for the transfer of ownership for the benefit of the third party announcement for the benefit of their transition.]]>
<![CDATA[PENGATURAN PERLINDUNGAN HUKUM KORBAN DELIK ADAT LOKIKA SANGGRAHA ]]>
<![CDATA[DEWI, NI MADE LIANA]]>
<![CDATA[ Kerta Dyatmika Vol 13 No 1 (2016): Kerta Dyatmika ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Dwijendra ]]>
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DOI: 10.46650/kd.13.1.381.%p
<![CDATA[ABSTRACT Lokika customs act offenses Sanggraha in Bali, there is no regulation in the various laws and regulations that exist in Indonesia, especially in the Criminal Code so that women as victims do not receive legal protection. Acts cohabiting is an act that is equated with the offense customary lokika Sanggraha so it can be seen in the Emergency Law No. 1 of 1951 Article 5, paragraph (3) sub b, that there are two categories in the formulation of the word "laws of life", namely: first , criminal customary law that has padanaan the criminal Code so threatened with sanctions contained in the Criminal Code. And second, do not have padanaan or comparison of the Criminal Code, so it may be subject to Article 5, paragraph (3) sub b of Emergency Law No. 1 of 1951 with penalties of not more than three months in prison or a fine of 500 rupees. Keywords: Legal Protection, Indigenous offense, Lokika Sanggraha]]>
<![CDATA[PERLINDUNGAN HUKUM TERHADAP PERUSAHAAN FACTOR DALAM PENAGIHAN PIUTANG DAGANG PADA TRANSAKSI ANJAK PIUTANG (FACTORING) ]]>
<![CDATA[MAYASARI, I DEWA AYU DWI]]>
<![CDATA[ Kerta Dyatmika Vol 13 No 1 (2016): Kerta Dyatmika ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Dwijendra ]]>
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DOI: 10.46650/kd.13.1.382.%p
<![CDATA[ABSTRACT Research in connection with jurnal writing thesis takes the theme the protection of the law against companies factor in billing accounts receivable factoring transactions. Problems studied involves two things; the first what factors the companyâ??s legal position as a buyer on receivables in factoring and financing institution both what form of legal protection that can be given to companies factor of a possible failure of the trade receivables collection.This includes research conducted legal research categories, namely normative legal research literature or legal research based on secondary data. The approach used is the approach ot the laws and facts approach. Next to for further analysis techniques use the description legal interpretation techniques based argumentative theory, principles, and concepts relevan laws.The results showed that the company,s legal position as a purchaser of factoring receivables is very weak and vulnerable than risk the possibility of failure of collection of accounts receivable due to non fulfillment of the achievements by the customer. In this context there is no guarantee of legal protection for the company for the payment or refund factor its receivables in full.The next from legal protection that can be given to the factor as a buyer of receivables is; a) apply the type of recourse factoring in the factoring agreement with the burden of responsibility is on the client in case of failure of collection of accounts receivable, b) implement a system of personal/corporate guarantees, and c) apply the prudential banking principles. Keywords : Standing, Legal Protection, Client, Company Factor, Factoring.]]>
