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Published By Universitas Warmadewa

2746-5055

2021 ◽  
Vol 2 (3) ◽  
pp. 588-593
Author(s):  
I Gede Sukadana ◽  
I Nyoman Putu Budiartha ◽  
Diah Cayatri Sudibya

Inheritance law is very closely related to the scope of human life, because every huma n being drill definiiely experience a legal event called death related to the problem of how to manage and continue rights and obligations ofa person who dies. This siudy aims to identify a wife's rights io joint property in a marriage that has been broken up due to death. The be of research used is a normative legal research method with a siaiuiory approach. Technique of collecting legal serials uses Documeiiiaiion Studies and Literature Studies. Results of windy show that the wife's right to joint property in a marriage that is broken up due to death, namely the wife has a half right to propert y because the property is obtained from results obtained from cooperation carried out by wife and husband who are already bound in marriage from the beginning of marriage to end. my husband has passed array. The legal remedy that can be taken by the wife is litigation, which is the seiilement of disputes in court and now-litigation, namely the senlement of dispWee outside the conn.


2021 ◽  
Vol 2 (3) ◽  
pp. 605-609
Author(s):  
Putu Ayu Devi Kardila ◽  
I Nyoman Putu Budiartha ◽  
I Wayan Rideng

Women who return to their original homes because of a divorce, their status is called mulih daha (girls return). With this, the mulih daha woman continues to carry out her swadharma (obligations) to her parents at her home. If the marriage breaks up due to divorce, it also has legal consequences for the child. Based on the background that has been described, the purpose of this study is to find out how the legal status of the Mulih Daha woman is and what are the legal consequences for the child brought by the Mulih Daha woman to her home. The research method in this writing uses empirical research methods. The results of this study indicate that mulih daha women have no right to claim back the right to inherit in their home of origin. The rights and obligations of parents who have divorced their children must still be carried out as stipulated in Article 26 paragraphs (1) and (2) of Law Number 35 of 2014 concerning amendments to Law Number 23 of 2002


2021 ◽  
Vol 2 (3) ◽  
pp. 444-449
Author(s):  
Agus Leo Adi Wibawa ◽  
Ida Ayu Putu Widiati ◽  
A.A. Sagung Laksmi Dewi

BPD has the task of making rules with the village head, taking and proposing community ideas, therefore the BPD as a deliberation body originating from the village community, in addition to carrying out its duties as an intermediary between the village head and the village community, also carries out its main function, namely the function of representation. The purpose of this research is to reveal the function of the Village Consultative Body in the formation of Village Regulations and the obstacles to implementing the functions of the Village Consultative Body in the formation of Village regulations in Sanding Village, Tampaksiring District, Gianyar Regency. The type of research used is empirical legal research using a sociological juridical approach. The data collection technique was carried out by field research. The data sources used are primary and secondary which are then analyzed systematically and linked to other legal materials. The results of the research reveal that the functions of the Village Consultative Body in forming the Village Regulations include, among others, being able to prepare and propose draft Village Regulations. Draft Village Regulations can be proposed by members of the BPD to the leadership of the Village Consultative Body to be determined as a draft Village Regulation proposed by the BPD. Barriers to the implementation of functions in the formation of village regulations, namely, first, juridical obstacles include: Lack of knowledge and experience of BPD members, understanding of the laws and regulations regarding villages of BPD members, many BPD members with low levels of education and secondly, non-juridically, namely the presence of BPD members in the preparation and understanding of the legal basis for the formation of village regulations is still low and the application potential of the village is also low.


2021 ◽  
Vol 2 (3) ◽  
pp. 645-649
Author(s):  
I Nyoman Budiartha ◽  
M Syahrul Bahri ◽  
Ni Made Puspasutari Ujianti

Minuman merupakan salah satu keperluan utama manusia di dunia yang harus terpenuhi untuk beraktivitas. Setiap manusia harus memenuhi kebutuhannya terutama minuman baik itu jumlahnya atau dalam perihal kesehatan minuman tersebut. Oleh karena itu, negara harus memberikan keamanan bagi masyarakatnya tanpa terkecuali baik itu berkaitan dengan pengawasan ataupun mengatur peredarannya. Penelitian ini bertujuan untuk menjelaskan perlindungan hukum bagi konsumen atas informasi harga produk minuman yang tertera pada kemasan dan menjelaskan upaya penyelesaian mengenai perbedaan harga pada kemasan dengan harga jual yang dibayar. Penelitian ini menggunakan penelitian hukum normatif, dengan pendekatan yuridis melalui metode hermenutika. Data yang digunakan adalah data sekunder dan primer yang dianalisis secara kualitatif. Hasil penelitian menunjukkan bahwa pemerintah telah memberi perlindungan konsumen atas pemberian informasi yang tepat melalui keharusan yang dilakukan pelaku usaha serta larangan yang tidak boleh dilanggarnya. Tanggung jawab pelaku usaha untuk menyelesaikan sengketa dapat ditempuh melalui jalur di luar pengadilan maupun jalur pengadilan. Faktor-faktor yang mempengaruhi terjadinya produk yang memiliki nominal berbeda dari harga pada kemasan terdiri dari faktor internal dan faktor eksternal. Jika terjadi perbedaan harga pada kemasan dengan saat pembayaran maka yang akan dibayarkan adalah biaya yang paling murah.


2021 ◽  
Vol 2 (3) ◽  
pp. 594-598
Author(s):  
I Wayan Agus Paramartha ◽  
I Nyoman Putu Budiartha ◽  
I Putu Gede Seputra

The need to fulfill patient rights stemming from the obligations of a doctor in a hospital so that it is deemed necessary to regulate medical practice in a law. Based on this background, it can be formulated that the purpose of this study is to determine the responsibility of doctors for malpractice that results in physical disabilities in patients and to determine legal protection for BPJS patients who experience physical disabilities due to malpractice of doctors. The type of research in this paper uses normative legal research. The method that the author uses in collecting legal assistance is the method of observation and recording of a literature review obtained to be collected and arranged in such a way. The conclusion of this study is that if a doctor is responsible for carrying out medical treatment, it has been proven and can be proven that he has committed malpractice, then the forms of punishment that can be given are the release of permission from the medical profession by the Indonesian Medical Discipline Honorary Council. However, when there is a report from the victim or patient who is harmed to the police and it has been proven or can be proven, the doctor can be subject to civil, criminal and administrative penalties. Legal protection for BPJS patients who experience physical disabilities due to malpractice of doctors has been regulated in positive law in force in Indonesia


2021 ◽  
Vol 2 (3) ◽  
pp. 542-546
Author(s):  
I Putu Gede Fajar Riski Andika ◽  
I Nyoman Gede Sugiartha ◽  
Luh Putu Suryani

Child neglect is a phenomenon that often occurs in society which means that adults fail to take responsibility for providing various needs or adequate needs for the child. This can be seen from the needs such as clothing, food, shelter, education to the health of the child himself. This study aims to examine the legal protection of children who are victims of neglect and uncover criminal sanctions against perpetrators of neglect of children. This study uses a normative method considering that there is still a lack of legal norms, with a legislative approach. The data sources used are primary and secondary data obtained through library or recording techniques. After the data is collected, it is then processed descriptively qualitatively. Legal protection for neglected children is a right for every citizen, especially children, which can be divided into preventive and repressive protection. Law Number 35 of 2014, regulates various matters relating to the protection of children about what is prohibited until the sanctions in Article 76B contain that all forms of exploitation such as neglect and involving children in bad or wrong conditions can be subject to the threat of punishment as stated in Article 77B sentenced to imprisonment for 5 years or a fine of up to IDR 100,000,000.


2021 ◽  
Vol 2 (3) ◽  
pp. 476-482
Author(s):  
Dyah Merryani ◽  
I Nyoman Putu Budiartha ◽  
I Made Minggu Widyantara

Car driving courses are tutoring related to driving skills that aim to provide knowledge of how to drive a car to course service users. Course service users are accompanied and trained by the instructor during the driving course. However, users of course services with instructors will be faced with unexpected events, which often occur, namely traffic accidents. The purpose of this research is to uncover the legal relationship that occurs between car driving course service providers and instructors and also the course service users form the responsibility of the car driving course service provider if an accident occurs during the driving course. This research is an empirical legal research with a sociological juridical approach and a statutory approach. The data collection technique was done by interview. Sources of data used in this research are primary data sources and secondary data sources. After the data was collected, it was analyzed systematically. The results of this research indicate that there is a legal relationship between the parties involved, namely the working relationship that occurs between the instructor and the driving course service provider, and the agreement from the course service user through filling out the course registration form to the driving course service provider. The occurrence of a traffic accident during the driving course practice will be accounted for by the driving course service provider as the employer and the instructor as a companion or trainer for the course service user during the driving course.


2021 ◽  
Vol 2 (3) ◽  
pp. 463-468
Author(s):  
I Gede Dharma Kusuma ◽  
I Nyoman Putu Budiartha ◽  
Lda Ayu Putu Widiati

Circumstances that make people complain about the services provided by PLN are power outages without prior notification. The number of public complaints related to power outages has forced PLN to be confused in fixing the organizational structure, especially in the coordination sector between workers. The purpose of this research is to reveal the legal protection arrangements for consumers of electricity users at PT. PLN (Persero) UP3 as well as legal remedies that can be taken by consumers using electricity in the event of a power outage unilaterally by PT. PLN Persero UP3 South Bali. This research method uses an empirical method with a statutory approach and a case approach. Data collection techniques were carried out by means of field research by applying the interview method. Sources of data used in the form of primary and secondary data sources. The data analysis technique was carried out systematically. The results of the research reveal that the government in terms of providing protection to the public to obtain electricity supply is sufficient to make consumer protection regulations in which there are consumer rights and obligations to obtain justice and are obliged to make appeals from the government in an effort to prevent criminal acts in accordance with positive law in force in Indonesia. The government is dealing with field workers from PLN who intentionally or unintentionally do not notify the public of this rotating power outage and PLN should give a warning to its workers who do not carry out orders according to the SOPs applicable in the company.


2021 ◽  
Vol 2 (3) ◽  
pp. 531-536
Author(s):  
Ni Made Lady Ruslya ◽  
I Nyoman Putu Budiartha ◽  
Ida Ayu Putu Widiati

Indonesia is a developing country, this development is followed by rapid competition. In carrying out activities in any field, especially in economic activities, the community should not act recklessly but must follow the applicable norms. The government in an effort to equalize the welfare of its people creates a forum for community associations to process funds owned or borrowed funds to open a business. One of them is a bank that is engaged in the financial sector. People's credit banks are the government's solution to provide convenience to the community but with terms and conditions in the lending process. Every community who wants to borrow money for certain purposes can be done at BPR, those who want to borrow capital must have collateral which will later be calculated according to the desired loan, but it is not uncommon for bank staff to not think about the amount of collateral used with borrowed funds, resulting in frequent defaults. This study examines the factors that cause default in the credit agreement at PT. The People's Credit Bank for the Future of Denpasar and explained the efforts of PT. The People's Credit Bank of Denpasar is in the process of settling debtors who are in default. Researchers conduct direct information searches through interviews or empirical research with a case and legislation approach. Furthermore, the data were analyzed using qualitative descriptive. The factor for the occurrence of default is due to the negligence of the bank in complying with the rules that have been outlined. Efforts made to customers who are in default are conducting coaching, rescuduling, reconditioning and restructuring, if not fulfilled, a settlement will be carried out under the hands of selling both parties, the last stage is the determination of execution through the court. If the determination has been granted, the creditor immediately carries out the execution in accordance with.


2021 ◽  
Vol 2 (3) ◽  
pp. 450-455
Author(s):  
Anak Agung Triana Putri ◽  
Ida Ayu Putu Widiati ◽  
I Wayan Arthanaya

Gaining authority regarding buildings and land arises as a result of changes that cover the events and activities of individuals or legal entities as legal subjects who are given the responsibility to have rights to land and buildings by active laws and regulations. The purpose of this research is to reveal the implementation of the collection of Customs for the Acquisition of Land and Building Rights (BPHTB) for the transfer of rights in Denpasar City as well as the obstacles and and efforts to solve problems in the implementation of the collection of BPHTB. The method used is empirical legal research with a case approach. The data collection technique was carried out by field research. The sources of legal data used are primary and secondary, then the data is analyzed systematically. The results of the research reveal that the collection of BPHTB in the city of Denpasar uses an online system that has been regulated in the regulation of the mayor of Denpasar number 17 of 2016 which is contained in Article 5 by depositing the amount of payment to the BPD bank and paying taxes in the city of Denpasar, using a self-assessment system. The Denpasar City Government Regulation in determining the selling value in buying and selling transactions is based on verification and validation in contrast to the self-assessment system, the results of verification and validation often get the selling value set by the Regional Revenue Service which is much more than the actual value.


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