scholarly journals Kedudukan Wanita Bali yang Daha Tua (Tidak Menikah) terhadap Hak Warisan di Desa Adat Abianbase Kabupaten Gianyar

2020 ◽  
Vol 1 (1) ◽  
pp. 26-31
Author(s):  
Anak Agung Galuh Ratna Chyntia Dewi ◽  
I Wayan Wesna Astara ◽  
I Ketut Sukadana

Balinese unmarried women still do not get legal protection in the rights of inheritance. This is because the Hindu community in Bali adheres to the Patrilinial family system that only men are entitled to receive inheritance. In the development of the main assembly of Pakraman village, Bali (MUDP) has taken the initiative to grant the rights of inheritance to women with their parents' property. From the fact, then the research problems are formulated as (1) How the position of unmarried Balinese women in the customary village of Abianbase? (2) How to implement the birthright of unmarried Bali women in the customary village of Abianbase. The research method used is empirical-juridical research implemented by researching the reality in Abianbase customary village and the Supreme Pasamuhan Decree of MUDP III. The data types used are the primary data and the secondary data. Finally it was concluded that the position of unmarried women equals the women’s position on the customary law of Bali. The unmarried woman cannot have a birthright except the right to take advantages of their parents’ inheritance as the cost of living with other heirs. The implementation is, in the traditional village Abianbase after the decree of the main assembly of Pakraman village about the results of Pasamuhan Agung III MUDP Bali, there’ a need for a relatively longer time because it concerns the tradition that has been ingrained in society life.

Jurnal Akta ◽  
2017 ◽  
Vol 4 (3) ◽  
pp. 485
Author(s):  
Muhammad Hilmi Akhsin ◽  
Anis Mashdurohatun

ABSTRACTFiduciary agreements by notarial deed are not sufficient, but should be continued with fiduciary registrants. Fiduciary agreements set forth in notarial deeds without registration do not grant preferential rights to fiduciary recipients. Whereas the objective of Law Number 42 Year 1999 is basically to provide legal protection for creditors from losses caused by default from debtor. From this, the authors in this thesis take the title "Consequences of Fiduciary Guaranty Laws Not Registered According to Law Number 42 Year 1999." With the scope of the issues covered include: (1) How the procedure or implementation of credit with fiduciary guarantee in Indonesia; (2) What are the constraints and solutions in the implementation of credit with fiduciary guarantee in Indonesia, and (3) What are the consequences of fiduciary guarantee law enlisted under Law No. 42 of 1999.To obtain the results of research from these problems, the authors use the scientific method with an approach that is juridical empirical and normatiif. Empirically that is researching secondary data first and then continued by conducting research of primary data in field. The jurisdiction is to study the rules that exist with the problem in the perusal.Furthermore, from the results of the research can obtain the understanding that the first, that the credit agreement made by debtors and creditors is the principal agreement that refers to the general principles of the agreement, while the imposition of fiduciary collateral meruapakan follow-up agreement or accesoir, which registers it has been regulated by Law No. 42 of 1999 , And set further through Government Regulation No. 21 of 2015; Second, the registration of fiduciary security is a creditor's obligation, but sometimes the creditor does not register it, for cost reasons or because the treaty deed is made under the hand. Therefore, the right of the fiduciary guarantee certificate is categorized as a treaty under the hand. Therefore, the solution taken by the creditors can make the settlement by deliberation or applying through the judiciary. Third, Fiduciary Guarantees must be made by the Deed of Natariil (Notarial Deed) and registered to the Office of the Ministry of Justice and Human Rights, in order to have executorial power, in addition, the creditor will obtain the preferred right. If fiduciary warranties are not made under the hands and are not registered in accordance with legislative provisions, they have no executorial force, and the right of preference and may become void (vernitigbarheid).Whereas to further realize the main principle of Fiduciary Guarantee provides legal protection for the parties, it is necessary to revise the regulation of fiduciary guarantee in legislation in order to give more legal certainty.Keywords: Fiduciary Security, Registration Procedures, and Legal EffectsABSTRACT Fiduciary agreements by notarial deed are not sufficient, but should be continued with fiduciary registrants. Fiduciary agreements set forth in notarial deeds without registration do not grant preferential rights to fiduciary recipients. Whereas the objective of Law Number 42 Year 1999 is basically to provide legal protection for creditors from losses caused by default from debtor. From this, the authors in this thesis take the title "Consequences of Fiduciary Guaranty Laws Not Registered According to Law Number 42 Year 1999." With the scope of the issues covered include: (1) How the procedure or implementation of credit with fiduciary guarantee in Indonesia; (2) What are the constraints and solutions in the implementation of credit with fiduciary guarantee in Indonesia, and (3) What are the consequences of fiduciary guarantee law enlisted under Law No. 42 of 1999.To obtain the results of research from these problems, the authors use the scientific method with an approach that is juridical empirical and normatiif. Empirically that is researching secondary data first and then continued by conducting research of primary data in field. The jurisdiction is to study the rules that exist with the problem in the perusal.Furthermore, from the results of the research can obtain the understanding that the first, that the credit agreement made by debtors and creditors is the principal agreement that refers to the general principles of the agreement, while the imposition of fiduciary collateral meruapakan follow-up agreement or accesoir, which registers it has been regulated by Law No. 42 of 1999 , And set further through Government Regulation No. 21 of 2015; Second, the registration of fiduciary security is a creditor's obligation, but sometimes the creditor does not register it, for cost reasons or because the treaty deed is made under the hand. Therefore, the right of the fiduciary guarantee certificate is categorized as a treaty under the hand. Therefore, the solution taken by the creditors can make the settlement by deliberation or applying through the judiciary. Third, Fiduciary Guarantees must be made by the Deed of Natariil (Notarial Deed) and registered to the Office of the Ministry of Justice and Human Rights, in order to have executorial power, in addition, the creditor will obtain the preferred right. If fiduciary warranties are not made under the hands and are not registered in accordance with legislative provisions, they have no executorial force, and the right of preference and may become void (vernitigbarheid).Whereas to further realize the main principle of Fiduciary Guarantee provides legal protection for the parties, it is necessary to revise the regulation of fiduciary guarantee in legislation in order to give more legal certainty.Keywords: Fiduciary Security, Registration Procedures, and Legal Effects


2018 ◽  
Vol 2 (1) ◽  
pp. 21-32
Author(s):  
Ananta Budhi Danurdara

Apprenticeship program is one part of the laborrs force in Indonesia, apprentices basically get the same protection with other labors, but in Indonesia there are many industries that do not provide rights that should be given to participants of the internship program. The purpose of this study was to determine, assess, examine and analyze how the legal protection for participants in apprenticeship programs and practices to determine, assess, examine and analyze an obstacle in the implementation of the apprenticeship program. Study used is descriptive nature Analytical. Secondary data was obtained from the research literature and reinforced with Primary Data obtained from interviews daan questionnaire. Stages of the research literature research and field research. Techniques of data collection are through literature study and interviews. Methods of data analysis using Likert method. The results showed that the occurrence of violations of rights protection for participants in the company's apprenticeship program in terms of three main components, namely Statutory Rights, Contractual Rights and Other Rights on the Protection of Rights Internship Program participants have not been frilly implemented in practice yet. This is because there are some companies who do not exercise rights apprenticeship program participants in the form of the right to obtain employment injury insurance and the right to earn pocket money and or transport money and not doing the apprenticeship agreement in writing between the parties with the company's apprenticeship program participants in a company. Other authors propose recommendations for the educational institutions and industry especially Hotel XYZ at Bandung management to address the existing problems. The purpose of these recommendations is to provide input to the hotel in order to provide protection Rights Internship Program Participants in accordance with the rules of government.


2017 ◽  
Vol 5 (2) ◽  
Author(s):  
Triana Widati ◽  
Hudi Asrori ◽  
Pujiyono ,

<p>Abstract<br />This article examines the legal protection of BPJS emergency patients with diagnoses beyond the emergency diagnostic list and factors that may inhibit the emergency services for BPJS user patients at the Sukoharjo District Hospital. This type of research is empirical. Form of research is deskriptif. The dara used are primary data, secondary data and tertiery data collection methode of documentation and interviews. Analysis of data using qualitative analysis. Based on the description of the results of research and discussion in connection with the considered promblems with the teory of the working of the legal system and the legal protection teory, it can be concluded that the legal protection of BPJS participants and the right to submit a complaint related to the health service in the National Health Insurance (JKN). Based on Article 25 letter b of Presidential Regulation Number 12 of 2013, services that are not guaranteed are services performed in health facilities that are not cooperated with BPJS Health, except in emergency conditions, but the emergency condition condition has also been determined, if the people who have emergency discharge. Factors that can inhibit the emergency services for patients using BPJS in RSUD Sukoharjo District, among others, the legal factor which limits the emergency conditions.<br />Key Word: Legal Protection; Patients; Emergency Diagnosis</p><p>Abstrak<br />Artikel ini bertujuan untuk mengkaji perlindungan hukum bagi pasien kegawatdaruratan BPJS dengan diagnosa di luar daftar diagnosa gawat darurat dan faktor-faktor yang dapat menghambat <br />dalam  pelayanan  kegawatdaruratan  bagi  pasien  pengguna  BPJS    di    RSUD  Kabupaten Sukoharjo. Jenis penelitian ini adalah empiris. Bentuk penelitian deskriptif analitis. Data yang digunakan adalah data primer, sekunder dan tersier dengan pengumpulan data dokumentasi dan wawancara. Analisis data menggunakan analisis kualitatif. Berdasarkan deskripsi hasil penelitian dan pembahasan sehubungan dengan masalah yang dikaji dengan teori bekerjanya hukum dan teori perlindungan hukum dapat disimpulkan bahwa perlindungan hukum peserta BPJS didasari oleh perlindungan hak memperoleh pelayanan kesehatan sebagai peserta BPJS dan hak menyampaikan keluhan terkait dengan pelayanan kesehatan dalam Jaminan Kesehatan Nasional (JKN). Berdasarkan Pasal 25 huruf b Perpres Nomor 12 tahun 2013 pelayanan yang tidak dijamin adalah pelayanan yang dilakukan di fasilitas kesehatan yang tidak bekerjasama dengan BPJS Kesehatan, kecuali dalam kondisi gawat darurat, namun demikian kondisi kegawat daruratannya juga telah ditentukan, apabila orang-orang yang mengalami kegawatdaruratan yang tidak tertulis maka tidak ditanggung oleh BPJS. Faktor-faktor yang dapat menghambat dalam pelayanan kegawatdaruratan bagi pasien pengguna BPJS  di  RSUD Kabupaten Sukoharjo antara lain faktor hukum yang membatasi kondisi kegawatdaruratan. <br />Kata kunci: Perlindungan Hukum; Pasien; Kegawatdaruratan.</p>


2021 ◽  
Vol 2 (3) ◽  
pp. 459-464
Author(s):  
I Made Dwi Wahyu Kartika ◽  
Ni Made Jaya Senastri ◽  
Ni Gusti ketut Sri Astiti

Franchising is a marketing concept in order to expand the business to support the economy, in this case there are often problems related to the agreement that has been set. Therefore, a legal protection is needed for the recipient of the right. The purpose of this study is to reveal the choice of agreement in the implementation of franchise agreements in Indonesia and the form of legal protection for franchisees in Indonesia. The research method in this study is normative research focusing on the behavior of the legal community and through legal science book references. Sources of data used are primary data by examining regulations related to franchises and secondary data by examining literature, books, papers and journals. Data collection techniques by classifying primary legal materials with secondary legal materials as a support. Analysis of Legal Materials obtained by qualitative analysis. The results of the study reveal that the franchise business in Indonesia has been regulated in the provisions of PP No. 42 of 2007 concerning franchising, for the legal requirements for the establishment of a franchise business, it must meet the provisions in Article 1320 of the Civil Code, and the form of legal protection for franchisees is contained in Article 7 of the Regulation of the Minister of Trade Number 12/ MDAG/Per/3/2006 so the franchisor cannot terminate the agreement at any time or at any time.


Author(s):  
Ego Dwi Pratomo ◽  
Tri Irawati ◽  
Wawan Laksito Yuly Saptomo

Program water supply and sanitation water the community (Pamsimas) is one of the government's mainstay programs in the provision of clean water and sanitation for rural and suburban communities through a community-based approach. With the effort to determine which villages are categorized as potential to receive financial assistance and no potential to receive APBN assistance for the installation of the project pamsimas. The aim is to establish a standard system for selecting Pamsimas villages to help government programs channel them to the right target. With the K-Means Clustering clustering method, this method is very suitable to be used in predicting and classifying which villages are categorized as potentials and does not have the potential to detect the state budget for the Pamsimas project installation. The data is taken interview and direct observation to the Pamsimas office which is the primary data and the criteria data in the form of village data and village connections are secondary data. The results obtained are the K-Means method can be applied clustering of Pamsimas Karanganyar village clustering which is useful to assist the selection of villages on target. By testing the functionality using a black box and testing the validity using the Rapidminer Software. In the mapping study, it was stated that 2 clusters were categorized as potential and not potential. For the results of a valid percentage of the Pamsimas application is 100%.Keywords: Mapping, Pamsimas, Clustering K-Means. 


2020 ◽  
Vol 19 (1) ◽  
pp. 34-40
Author(s):  
Diah Tri Wahyuni ◽  
Tacbir Hendro Pudjiantoro ◽  
Asep Id Hadiana

Anna Salon Spa is a beauty care business or service that provides various kinds of treatments. Primary data were obtained from interviews with Anna salon spa employees, while secondary data used library sources and research results and data collection techniques used interview, observation and documentation techniques. In this study, problems were found such as the difficulty in determining customer loyalty, the difficulty in calculating the cost optimally, the difficulty in conducting transaction recapitulation because there may be data missing or not being calculated correctly because Anna Salon Spa is still recording the data in the ledger. In addition, another problem that arises is the delivery of promotions that take more time because they have to send the same message one by one to customers or via Instagram and Facebook. The method uses the calculation of the actual value of service quality by comparing the value of customer perceptions with the value of customer expectations and expressed in percent, this method aims to determine the extent of service performance and measure customer satisfaction. To solve this problem is to build an information system with a web-based customer relationship management (CRM) approach that provides input to the applications used by Anna Salons Spas so as to provide comfort and satisfaction for customers and can help provide better, timely information systems. , and is accurate and recommends the right service so that it benefits the company. The use of service quality methods in this study is to know the value and measure customer satisfaction through the questionnaire given to customers.


2021 ◽  
Vol 2 (3) ◽  
pp. 109-219
Author(s):  
Siti Soekiswati ◽  
Umi Budi Rahayu ◽  
Arif Pristianto ◽  
Silvia Rahma Maulida

ABSTRAKLatar Belakang : Tenaga medis dan kesehatan mempunyai peran krusial dalam menghadapi pandemi Covid-19 secara langsung menangani pasien yang terjangkit virus Covid-19. Telah banyak kejadian menyebutkan bahwa ketidakadilan berupa tindakan maupun perkataan yang dialami tenaga medis dan kesehatan. Melihat dari ketetapan perundang–undangan sebagai dasar hukum, maka hak atas perlindungan hukum bagi tenaga medis dan kesehatan harusnya sangat diperhatikan untuk kesejahteraan pelayan kesehatan lebih khususnya di masa krisis pandemi Covid-19 seperti ini. Namun dalam praktiknya di lapangan ketidakadilan masih sering terjadi dan dianggap terjadi kesalahpahaman yang berujung mediasi, walaupun begitu dalam kasus–kasus tertentu yang sangat merugikan hal tersebut dapat menyebabkan kejadian terulang kembali karena tidak ada ketegasan hukum yang mengawal dan sanksi yang membuat pelaku tidak mendapat efek jera. Tujuan : Mengetahui regulasi yang ada sebagai upaya perlindungan hukum bagi tenaga medis dan kesehatan dimasa pandemi Covid-19. Metode : penelitian ini merupakan jenis penelitian empiris melalui pendekatan kualitatif dengan output deskriptif analitis. Teknis pengambilan sampel dengan menyebarkan kuesioner ditentukan oleh purposive sampling. Hasil : Data yang diperoleh dari kuesioner diperoleh angka 74,1% menyatakan telah menerapkan perlindungan hukum diikuti 22,4% mengatakan belum sepenuhnya dan 3,5% tidak menerapkan perlindungan hukum. Kesimpulan : Berdasarkan data primer yang telah peneliti peroleh serta ditunjang dengan data sekunder, perlindungan hukum bagi tenaga medis dan kesehatan di masa pandemi Covid-19s yang dilaksanakan di RSU Fastabiq Sehat PKU Muhammadiyah Pati dapat disimpulkan dalam keadaan baik ataut  telah diterapkan sebagai mana mestinya. Sehingga tenaga medis dan kesehatan tidak perlu khawatir mengenai keselamatan sebagai individu yang berhak mendapatkan perlindungan hukum terkhusus dibawah naungan instansi yang ditempatinya. Kata kunci: perlindungan hukum, tenaga medis dan kesehatan, pandemi Covid-19.   ABSTRACTBackground : Medical and health workers played a crucial role in dealing with the covid-19 pandemic that directly dealt with patients infected with the covid-19 virus. Many have mentioned the unfairness of both the actions and the words of health and medical personnel. Judging by law enforcements-invitations asa legal basis, then the right to safeguard the law for health and medical personnel should be given more than the welfare of health servants in times like the covid-19 pandemic crisis. But in practice in the field of injustice is still frequent and is considered to be misunderstandings that lead to mediation, though so in cases-certain adverse cases that could result in a repeat of events because there is no protective force or penalty that would prevent a person from acting as a victim. Purpose : knowing the existing regulations asa legal protection effort for medical and healthsworkerssduringsthescovid-19spandemic. Method : The study is as types ofs empiricals researchs through sas qualitative approach with an analytically descriptive out put. Technical sampling retrieval by circulating questionnaively sampling. Result : The numerical data derived from questionnaires states that 74,1% they have implemented legal protection followed 22,4% by saying not completely and  3,5% not applying legal protection. Conclusion : Based on primary data that researchers have acquired and supported by secondary data, legal protection for medical and health powers at covid-19 pandemic performed in pku muhammadiyah general health facility can be inadequately defined as where ataut has been implemented. Thus there is no need for health and medical personnel to worry about safety as individuals who are entitled to privileged legal protection in the shelter of an institution. Keywords : Legal protection, medical and health care, covid-19 pandemic.


2020 ◽  
Vol 5 (2) ◽  
pp. 333
Author(s):  
Eka Susanti

One type of tax is the Cost of Acquisition of Land and Building Rights (BPHTB). In Padang City, based on Regional Regulation Number 1 of 2011 and Regulation of Mayor Number 27 of 2016, the BPHTB tax collection system is different where the BPHTB collection system is not cohorence with the implementation of basic tasks and is determined by the parties as regulated by the function of increasing development activities in all fields. The research problems in this article are: 1) How is the collection of BPHTB in Padang City 2) How the verification process the land and building and constraints was receipts from land and building rights to the certificate of together in Padang City? 3) Are efforts of the government of padang in obstacles as receipts from land and building rights to the certificate of together in Padang City ? The research uses empirical juridical research methods. Primary data and secondary data obtained through literature study and interviews with research subjects. The results shows that the implementation of BPHTB collection in Padang city was carried out based on the Mayor Regulation No. 27 of 2016 and there are differences in tax collection regulated by Regional Regulation Number 1 of 2011, namely in the Cost of Acquisition (NPOP) assessment and collection system based on market prices, not transaction prices regulated in Bylaw No. 1 of 2011. The differences create legal uncertainty for the community. The obstacle that arises in the collection of Padang city BPHTB is the lack of taxpayer knowledge about BPHTB.


2020 ◽  
Vol 1 (1) ◽  
pp. 152-156
Author(s):  
I Gede Pasek Darsana Wiratama ◽  
I Ketut Sukadana ◽  
Diah Gayatri Sudibya

Marriage is a very important thing in human life, with the aim of forming a household. In Balinese society, there is a nyentana marriage, in which a family does not have a son. However, along with the development of families in Bali, they married Nyentana even though they had a son for certain reasons. The formulations of the problems in this study are: 1) What is the position of men who are sedentary according to Balinese customary law? 2) How do men inherit rights to women who have brothers? This type of research is empirical law. The approach to the problem used is sociology of law. The data used are primary data obtained from field studies by interviewing informants. Secondary data were obtained from literature study. The result of this research is the position of men who are sedentary according to Balinese customary law as predana, in general, have the same rights and obligations as men in the family. These rights and obligations are like those of a family head in general. The right to inherit male nyentana to women who have brothers is said to be abolished because the male only continues the offspring in the wife's family.


Author(s):  
Rahmida Erliyani

The purpose of this study is to explain the concept of a child witness according to the criminal evidence proving law, and how the protection for children as a witness, as well as how the strength of evidence of child testimony in the criminal justice system. This research is normative legal research that focuses on secondary data by describing the execution of religious courts in regulating child custody cases. The type of data used is the type of primary data and secondary data. Analysis of the data used is a qualitative way with the legislation approach, case approach, and analysis approach. The results showed that the concept of a child's Witness does not qualify as valid witness evidence. Children as Witnesses are entitled to receive legal protection as regulated in the Child Protection Act and the Criminal Justice System for Children and the Witness and Victim Protection Act. The strength of proof of a child's testimony only has value if it is connected with other evidence.


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