bluuebunny/crossref_metadata_2025 huggingface dataset:
Implementasi Fungsi Pengawasan DPD RI terhadap Pelaksanaan Otonomi Daerah di Provinsi Bali
Authors: Arimbawa I Kadek , Widiati Ida Ayu Putu , Dewi A.A Sagung Laksmi
Published: November 2020

The Regional Representative Council (hereafter called DPD) is one of the top state institutions that is directly elected in the General Election. In general, the members of the Regional Representative Council of the Republic of Indonesia (hereafter called DPD RI) are tasked with bringing up the interests and aspirations of the people in the regions to the central government as well as having the authority to carry out supervision in the regions. Supervision in question is the supervision of the implementation of laws, and the results of DPD supervision are submitted to the House of Representatives (hereafter called DPR) as a material for consideration for follow-up. Based on this background, this research was conducted with the aim of describing how DPD RI's supervisory function mechanism on the implementation of regional autonomy in Bali Province and what obstacles DPD RI faces in supervising regional autonomy in Bali Province. This research was conducted using a normative legal research method with a statutory approach. The results of this study showed that DPD RI oversight function is implemented with three mechanisms, namely the absorption of aspirations in the community, conveying aspirations through the preparation of reports and problem inventory lists, and submission of the results of supervision to DPR. While the obstacles faced by DPD RI in supervising regional autonomy in Bali Province are the weak authority of DPD RI compared to its legitimacy, the cooperation pattern between DPD and related regional government agencies that has not been clearly regulated, and the lack of support and community participation for participate in supervising after the enactment of a law.
Implementasi Peraturan Daerah Provinsi Bali Nomor 16 Tahun 2009 Tentang Rencana Tata Ruang Wilayah Provinsi dalam Penguasaan dan Pemanfaatan Wilayah Pesisir
Authors: Ni Wayan Kertiasih  , I Made Suwitra  , I Nyoman Sujana
Published: November 2020

This research aims to analyze the implementation of local regulations regarding Bali province Number of 16 2009 about Spatial Plan Area of Bali in the mastery and the utilization of the coastal area associated with mastery and authority utilization over the coastal areas as well as analyzing the related strategies of mastery and the utilization of the coastal area. The type of research used in the form of empirical legal research, using the approach the approach to legislation, a legal concept analysis approach, the approach of anthropological approach and the case law. The data source of this research was obtained from primary data and secondary data, collected with the stages through the interview techniques and engineering studies and subsequent documents processed and analyzed qualitatively with systematic way, classified in the pattern and themes, classified, connected between each other, to understand the significance of data interpretation in social situations, and the interpretation of the overall data quality. Research results show that the authority of the mastery and the utilization of the coastal area after the passage of the ACT Government is the authority of the Central Government and the regional Government of the province which is practically given delegates to the district/city Governments overseeing the mastery and its utilization by local community. Setting against the mastery and the utilization of the coastal area of Bali should be established with local regulations, and as it is known that these provisions (RZWP3K settings) are still in the drafting stage so that the top recommendations submission of mastery and the utilization of the coastal area in the province of Bali has yet to be implemented effectively.
Pelaksanaan Investasi dalam Pengembangan Kawasan Budidaya Pertanian di Kabupaten Buleleng
Authors: Wedananta I Gusti Made Ngurah Bagus Andre , Budiartha I Nyoman Putu , Wesna Putu Ayu Sriasih
Published: November 2020

One area carrying out development in Indonesia is Buleleng Sub-district in the Province of Bali.  The development of the region is merely focused on developing the economic sector with priority on the agricultural sector expansion in a broad sense which is supported by the development of the tourism sector. One part of the agricultural sector development is the agricultural cultivation areas in the broadest sense with the support of funds from investment. Unfortunately, in reality, the development of this cultivation does not seem to have proceeded as expected. Therefore, this study addresses two issues related to this development. The first is whether or not the laws and regulations governing the development have been sufficiently capable of attracting the interest of investors in efforts to develop agricultural cultivation areas in the region of Buleleng, and the second is the extent to which the process of implementation of the development of agricultural area cultivation in Buleleng area has reached as well as obstacles encountered. To achieve these objectives, this study was conducted using the design and method of normative research and empirical legal research and also used statutory and conceptual approaches. The results of show the set of laws and regulations have the sufficient power to support the development of agricultural cultivation in the area, and the implementation of agricultural development in a broad sense has been carried out, and even the results have been felt and enjoyed by the community. One leading obstacle factor found is conversion of land functions along with evolution and revolution in human life. The attention and intervention of various parties in the efforts to develop and extend the areas in Buleleng Sub-district is still crucially necessary.
Perlindungan Hukum terhadap Waitress di Cafe Katulebo Berdasarkan Undang-Undang Nomor 13 Tahun 2003 tentang Ketenagakerjaan
Authors: Gita Ida Bagus Alit Segara , Oleary Nella Hasibuan , Seputra I Putu Gede
Published: November 2020

Waitress is usually tasked with pouring the drink that visitors ordered into a glass and accompanying visitors to sing while in the cafe. In labor law legal protection is provided in the form of legal protection in the field of job security where both in a relatively short or long time will be safe and there is a guarantee of safety for workers. In the case of liability to workers in the event of a work accident while carrying out their obligations at work the employer will bear the burden Arising materially by providingreimbursement for costs incurred due to work accidents based on the description the author gets the title Legal Protection Against Waitress at Katulebo Cafe Based on the Law Law Number 13 of 2003 concerning Employment. The aims of this study is to  find out the legal protection provided by Katulebo cafe to waitresses according to Law No. 13 of 2003 concerning Employment and to find out the responsibility of Katulebo cafe for waitresses in work accidents. In practice the implementation of legal protection provided by the cafe to the waitress is only through a written agreement containing the regulations and what rights are obtained by the waitress. The form of responsibility given by the cafe to the waitress only provides a first-aid kit and compensation when work accidents occur. The writing method used is empirical legal research.
Pertanggungjawaban Pidana Pelaku Tindak Pidana Korupsi Dana Hibah Pengadaan Bibit Sapi (Studi Putusan Nomor 1/Pid.Sus-TPK/2019/PN Dps)
Authors: Sanjaya I Kadek Edy , Sugiartha I Nyoman Gede , Widiati Ida Ayu Putu
Published: November 2020

This study aims to analyze the "Criminal Accountability of Corruption Actors in Grants for Beef Procurement Grants". Legal issues arising from this study include: How is the arrangement of grants and their relationship with criminal acts of corruption, as well as criminal liability for perpetrators of corruption in the procurement of cattle (Decision Number 1/PPid. Sus-TPK/2019/PN Dps). The research method used in this research is normative legal research with statutory, conceptual and case approaches. Based on the results of this study, it can be concluded several things: 1) Grant arrangements are regulated in Article 1666, 1682 and 1682 of the Civil Code; 2) The relationship between grants and corruption related to grants is a wet field that is used by individuals to commit corruption. 3) Based on Decision Number 1 / Pid.Sus-TPK / 2019 / PN Dps, the defendant is proven to have violated Article 3 in conjunction with Article 18 of Law Number 31 of 1999 concerning Eradication of Corruption Crimes in conjunction with Law Number 20 of 2002. Form of criminal liability the perpetrators of corruption in the form of imprisonment for 2 (two) years and 4 (four) months minus the temporary detention period and based on orders so that the defendant remains in custody and a fine of Rp 50,000,000 (fifty million rupiah) subsidair 2 (two) a month of confinement, and is charged to pay a replacement money of Rp 127,350,000 (one hundred twenty seven million three hundred fifty thousand rupiah). The advice that can be given to the reader is through education and exemplary attitude from the leader who becomes the main spear as a reflection of the government towards the next generation. For further researchers who will examine the crime of corruption in order to dig deeper about how the government plays a role in efforts to prevent corruption
Proses Penyitaan Barang Bukti Dalam Tindak Pidana Narkotika
Authors: Sudikma I Kadek , Sukadana I Ketut , Sugiartha I Nyoman Gede
Published: November 2020

The police force is a government agency that has the authority to conduct foreclosures. Foreclosures that are carried out must meet elements of a criminal offense. One example of confiscation carried out by the Police is confiscation carried out in the case of abuse of Narcotics. The purpose of this study is to describe the regulation of criminal law against narcotics crimes and to determine the authority of investigators in confiscating narcotics evidence and the process of confiscating narcotics evidence. The method used in this study is normative with a legislative approach that is relevant to the problem under study. The source of legal material used is library research or library research. After the legal materials are collected, they are analyzed qualitatively. The results of this study indicate that confiscation of evidence is a stage that is carried out is very determining the existence of a criminal act or not. If the evidence to determine the existence of a crime is very appropriate, then the evidence can be used to support other evidence. The process of confiscating evidence of narcotics crime can be carried out in four types of foreclosure, namely: Ordinary confiscation, Confiscation in a state of emergency, Confiscation of caught hands, Confiscation of Letters or other writings.
Penegakan Hukum terhadap Narapidana yang Melakukan Transaksi Narkotika di dalam Lembaga Pemasyarakatan
Authors: Payana I Made Dwi , Widiati Ida Ayu Putu , Karma Ni Made Sukaryati
Published: November 2020

Narcotics transaction or narcotics distribution, especially in correctional institutions has been very widespread; this is the impact of the loss of control of the existing system. This condition has an impact on the formation of a negative view of the community on the implementation of law enforcement, especially in the prison environment. So the problem under study is how to regulate sanctions related to narcotics transactions that occur within prison and how enforcement against inmates conducting drug transactions in prison law. By using the empirical normative legal research method (mix method) whit primary data sourced from Class II Penitentiary Kerobokan. The results of the study showed  that  the  regulation  of  sanctions  for  prisoners  who  carry  out  narcotics transactions in prisons, namely the threat of  capital punishment, life imprisonment, maximum imprisonment of 20 years and a minimum of 5 years. Whereas law enforcement in correctional institutions, namely severe disciplinary penalties, entered into a register, handed down register F, all prisoners’ rights will be lost, and passed on to the competent authority. The government in this case is the Ministry of Law and Human Rights should always collaborate with the National Narcotics Agency by visiting prisons regularly or allegedly as a place for narcotics transactions or distribution. Then with regard to legislation products that are already in force it should be noted again.
Sanksi Pidana bagi Pelaku Perbuatan Cabul terhadap Anak Dibawah Umur (Studi Kasus Putusan Nomor 29/Pid. Sus- Anak/2018/PN Dps)
Authors: Setiawan I Putu Arta , Rideng I Wayan , Karma Ni Made Sukaryati
Published: November 2020

Cases of molestation against children are rife today. This is a problem that becomes the duty of law enforcement officers and the community to fight. Abuse of children is carried out by offenders to fulfill thier lust and also because of sexual abnormalities. Related to this problem, law enforcement agencies in particular and the community must play an active role in making efforts to overcome these problems. Imposition of sanctions is a repressive effort that can be done to provide a deterrent effect for the perpetrators. Based on this problem, this study was conducted to describe how the legal protection of child victims of sexual abuse and how sanctions for perpetrators of sexual abuse of children. This study used a normative method, and research data are sourced from the opinions of legal scholars and the Law. The results of this study indicate that the government and the community are required to provide special protection such as rehabilitation efforts and keep victims from surrounding labeling or suffering from their identity as victims of sexual abuse or violence, as Article 64 Paragraph (1) and (3) of Law Number 23 Year 2002 JO Law Number 35 of 2014 concerning Child Protection regulates it. Based on Decision Number 29 / Pid. Sus-Anak / 2018 / PN Dps determined that the defendant BASID fulfilled the elements of the formulation in Article 82 paragraph (1) Jo Article 76 E of the Child Protection Act No. 35 of 2014 concerning amendments to the Law of the Republic of Indonesia Number 23 of 2002 concerning child protection and was sentenced to 13 (thirteen) years in prison along with job training at Mercy Indonesia Foundation Jalan Intan LC II Gang IV No.1 Gatot Subroto Denpasar for 6 (six) months as in a single indictment of the Public Prosecutor
Tanggung Jawab Pelaku Usaha terhadap Konsumen Go Food dalam Transaksi E-Commerce
Authors: Dana I Putu Wisna , Mahendrawati Ni Luh Made , Astiti Ni Gusti Ketut Sri
Published: November 2020

Economic transactions have been integrated with internet technology which is often called e-commerce. Although it has been arranged in such a way to protect the rights of consumers, the use of standard agreements in e-commerce transactions still has the risk of large losses to consumers. Based on the background of the problems above, this research was conducted with the aim of elaborating the responsibilities of business actors to consumers in the event of default in the Go Food transaction using e-commerce and describing sanctions for Go Food businesses that apply fraudulent use of e-commerce. Referring to the formulation of the problem, this study was designed using a normative research approach. The method used in the processing of legal materials, namely analytical descriptive data analysis methods. In accordance with the results of data analysis, the responsibility of business operators for defaults in Go Food transactions using e-commerce was to return Go-Pay balances. Sanctions for Go Food businesses that apply cheating in using e-commerce, which result in losses to consumers, were not only limited to the dismissal of partners, but sanctions could also be imposed on irresponsible business actors. The sanctions in question could be in the form of civil, criminal or administrative sanctions.
Perlindungan Hukum bagi Notaris dalam Melegalisasi Akta Dibawah Tangan yang menjadi Objek Sengketa
Authors: Cintiadewi Ida Ayu Chandra , Budiartha I Nyoman Putu , Astiti Ni Gusti Ketut Sri
Published: November 2020

A notary public genuinely serves as a public official appointed directly by the state, of which the authority is to make a deed as regulated in Notary Position Act (in Indonesian called UUJN-P). In addition to the main duty of making an authentic deed, the notary has the authority to legalize the deed made under the hand. Legal protection for Notaries is regulated in Article 66 of UUJN-P. This study aims to put up a standpoint of the legal regulatory concerning the authority of a Notary in making the deed under the hand which is the object of a dispute and legal protection for the Notary concerned in legalizing the mentioned deed. Using normative research method supported by empirical data, the results of the study show that, firstly, regarding the Notary authority in making a deed is divided into two, an authentic deed (notarial deed) and a deed under the hand. In the legal power of its evidence in court, a deed made under the hand can be evidence according to Article 1866 BW, but is not as perfect as an authentic deed because when the formal and material conditions of the agreement are recognized by the parties, since then the power of the deed under the hand becomes a strong evidence in the court. Secondly, legal protection can be realized through preventive and repressive efforts, but what is regulated in UUJN-P is not comprehensive yet it only protects the outside, a deadline indicates a weakness to protect. Making new regulations or adding clear elements of legal protection can clarify the position of the Notary to protect themselves in a conflict that results in litigation aimed at maintaining the honor of the Notary profession in society.
Tinjauan Yuridis terhadap Pembelaan Terpaksa (Noodweer) sebagai Alasan Penghapus Pidana
Authors: Widnyani Lda Ayu Mirah , Dewi Anak Agung Sagung Laksmi , Karma Ni Made Sukaryati
Published: November 2020

Defending one’s self in a forced state, or in the Criminal Code known as “forced defense” (Noodweer), arose as a result of a situation where a victim of an act of crime was in a coercive situation or state so as to be forced to carry out self-defense. A person becoming a victim of a crime has the space to make use of power and efforts to defend and save his/her possessions, honor, and soul. This research highlights two issues related to this. First, which type of crime is included in forced defense? Second, what is the legal basis for the elimination of criminal acts against a person doing self-defense in a coercive state in a crime? To uncover these issues, this research was conducted using the design and method of normative legal research with statutory and conceptual approaches. The results show that the concept contained in Article 49 Paragraph 1, interpreted as a noodweer, aims to protect oneself and others, the honor of one’s own morality or property, which when compared to the criminal acts of robbery referred to as being clearly considered the noodweer. ln addition, the legal basis for the elimination of criminality against the act of noodweer is the legal conclusion resulted from the facts revealed at the trial and the values to uphold, that is, to appraise and understand the sense of justice living in the community according to the judge’s point of view. Based on this fact, noodweer and the basis for the elimination of criminal acts against self-defense if compared to related cases have been considered as noodweer in accordance with Article 49 Paragraph 1. Further research is expected to further broaden the scope or coverage of research on the self-defense.
Kedudukan Hukum Perjanjian Kredit dalam Hal Objek Jaminan Fidusia Musnah
Authors: Dewi I Gusti Agung Mas Cahyani , Dewi Anak Agung Sagung Laksmi , Ujianti Ni Made Puspasutari
Published: November 2020

Crediting activities can be carried out by anyone who has the ability to initiate a loan agreement between the creditor / creditor and the recipient of the loan / debtor, this is regulated in article 8 of the Banking Act. This study aims to analyze the legal position in the credit agreement if the fiduciary collateral object is destroyed, and analyze efforts to resolve disputes due to the destruction of the fiduciary collateral object. The method used is an empirical method with the approach of legal sociology. The results showed that the legal position of the credit agreement if the fiduciary collateral object was destroyed either in the case that the object became the object had been insured or not insured by the owner of the object. The credit agreement remains and the debtor remains responsible for paying off the debt. With this situation, the creditor will turn into a concurrent creditor. Furthermore, in resolving disputes the destruction of fiduciary collateral objects, there are two ways, namely, if the object used as fiduciary collateral object by the debtor in a credit agreement is insured, the creditor can claim insurance for the collateralized object. Whereas if the object which is used as collateral has not been insured in this case the creditor has issued a credit and is taking care of the object's insurance, an undesirable event occurs by the debtor and the creditor, namely the destruction of the object used as collateral. Then the debtor must be held responsible by replacing the items pledged with new objects owned by the debtor and the selling price is the same as the credit issued by the creditor.
Penegakan Hukum terhadap Pengendara Motor yang Tidak Menggunakan Helm saat Berpakaian Adat Bali di Wilayah Hukum Polres Tabanan
Authors: Dewi Ni Made Yuli Ratna , Budiartha I Nyoman Putu , Sukadana I Ketut
Published: November 2020

National integrity and development are strongly supported by the role of traffic and road transportation as a step to improve the welfare of the community. For those who ride motorbikes are required to use a helmet as a cycling equipment as stipulated in article 106 paragraph 8 of Law Number 22 Year 2009 concerning Traffic and Road Transportation. But there is a difference when someone who rides a special motorcycle wearing traditional Balinese clothes. The purpose of this research is to analyze the level of compliance of motorcycle riders in using helmets and analyze the obstacles of the police in upholding the law against violations while dressed in Balinese custom. The method used in this study is an empirical legal approach which is done by interacting directly with the object under study with a sociological and legislative approach. The technique used in collecting data is semi-structured interviews. The results of this study indicate that the level of compliance of the Tabanan community in traffic is still low because seen from data from 2016 to 2018 the number of violations tends to increase with the number of violations in 2016 as many as 1394 in 2017 as many as 1186 and in 2018 as many as 2424 violators. Even though in 2017 there has been a reduction in violations, it can still be said that the number of violations not wearing helmets in Tabanan Regency remains high, this reflects that the level of community awareness in Tabanan is still low. 2) The obstacles of the police in law enforcement against violations when dressed in Balinese custom are the lack of public awareness about understanding driving on the road, lack of facilities and infrastructure, lack of traffic police personnel.
Penegakan Hukum terhadap Pelanggaran Penggunaan Telephone Selular saat Berkendara
Authors: Raditya I Putu , Widiati Ida Ayu Putu , Widyantara I Made Minggu
Published: November 2020

Cellular Telephone is a communication tool that can connect people with others who are obstructed by distance and time. Its use is now a priority for most people. The level of traffic accidents caused by drivers who drive their vehicles while using the telephone is also increasing. In connection with the above it will be discussed regarding the regulation of the use of cellular telephone while driving as well as law enforcement for motorists who violate the use of cellular telephone while driving. In this paper the method used is a normative legal method which uses legal material collection techniques in the form of study documents and uses primary legal material sources such as legislation and secondary legal materials such as legal books which are then poured descriptively to get final conclusions. Then regarding the conclusions of the results of this study namely violations of the use of cellular telephones have explained that in driving there is no concentration to cause an accident and even to cause death then threatened with imprisonment and fines as regulated in Law No. 22 of 2009 concerning Past Road Traffic and Transportation. For law enforcement efforts to prevent the use of cellular telephones it is necessary to understand the community from adolescents to adults of the dangers and impacts of using cellular telephones when driving. So that safety can be created in driving with other public road users.
Pertimbangan Hakim dalam Memutus Tindak Pidana Pembobolan Bank melalui ATM
Authors: Dewi Ida Ayu Gede Kristina , Sugiartha I Nyoman Gede , Widiati Ida Ayu Putu
Published: November 2020

Nowadays, advances in technology and information, criminal acts also often occur, automatic teller machines (ATMs) in the banking world are a form of Bank Customer Service that uses machines or can be said as well as electronic devices. Service is an important factor in attracting the attention of customers. Because of this technological sophistication as we know cyber crime, crime is a new form of contemporary crime that has been in the spotlight worldwide. Internet users here become victims because of crime through this electronic system by utilizing and seeing their virtual. In this research, there are at least two problems of violating the automatic cash register (ATM) account theft account: And (2) how is the judge's consideration in determining the crime of bank robbery through an ATM. The research method used is information retrieval using a normative approach based on legal sources, study of literature in studying the legal materials of the legislation as a process to find the rule of law, legal source collection techniques used in this research are records and documentation. Based on research it can be started that the criminal sanctions regulation against account robbery criminal acts. Through the Automatic teller Machine (ATM) in the Criminal Code law contained in Article 362 of the Criminal Code, in the ITE Law the theft is contained in Article 30 paragraph (1), Article 30 paragraph (3), Article 32 paragraph (2), Article 32 paragraph (3 ), Article 36. And there is an addition to Law Number 3 of 2011 concerning the transfer of theft funds contained in Article 81, Article 83 paragraph (1), Article 83 paragraph (2), decision number: 688 / PID. B / 2012 / PN. The judge ruled the case that the defendant was firmly proven legally and convincingly guilty of committing a crime against the law of buying, renting, exchanging, accepting as a promise, accepting as a gift or by accepting as a gift or in the hope of getting a profit selling, saving, exchanging, mortgaging, transported, stored or hidden items.
Efektivitas Peraturan Daerah Kabupaten Bangli Nomor 15 Tahun 2011 tentang Pajak Hotel
Authors: Krisna I Wayan Geng , Widiati Ida Ayu Putu , Suryani Luh Putu
Published: November 2020

Over time with the development of the economy in Bangli Regency, especially in the field of tourism, developments in the field of tourism will lead to an increase in the number of tourists coming to Bangli both local and foreign tourists. So it has a positive relationship with the increasing number of hotels in Bangli, as well as causing the growth of hotels in Bangli to develop rapidly. This shows that hotel tax has an important role in encouraging regional development and increasing local revenue in Bangli Regency. Referring to the matter of this writing problem as follows: how is the effectiveness of the Regional Regulation of Bangli District Number 15 of 2011 concerning Hotel Taxes on the increase of Local Original Revenue  (PAD)  in  the  Regency  of  Bangli  and  how  to  increase  the  Regional Original Income carried out by the Bangli Regency government in implementing Regional Regulation Number 15 of 2011 concerning Hotel Taxes. This research uses empirical legal research. The results showed that: The effectiveness of Bangli Regency Regulation Number 15 of 2011 concerning Hotel Taxes based on the realization of Bangli Regency revenue targets has been effective. This result can be seen from the achievement of the tax realization target in Bangli Regency in the last 3 (three) years, namely: 2017 with a target of 50,000.0000.00 realization of  84,101,819.00  with  a  percentage  of  168.20%.  2018  with  a  target  of 65,000,000.00 realization of 73,130,121.00 with a percentage of 112.51%. 2019 with a target of 80,000,000.00 realization of 142,655,151.40 with a percentage of 178.32%. Efforts to increase hotel tax collection carried out by the Bangli Regency Regional Revenue and Asset Financial Agency are the first to conduct direct socialization to the community, the second to provide reawed or rewards to taxpayers who have obeyed their obligation to pay taxes, the third routinely verify  taxpayer  data,  in  addition  to  The  effort  made  by  the  Bangli  Regency Government in increasing hotel tax collection is by making effective tax collection using forced letters so that hotel tax collection in Bangli Regency is increasing and giving sanctions to taxpayers if they do not have the obligation to pay taxes.
Perjanjian Sewa Menyewa Tanah Adat di Desa Serangan Denpasar Selatan
Authors: Mahendra I Putu Elvin , Suwitra I Made , Sukadana I Ketut
Published: November 2020

The position of the Customary Village as a customary legal alliance, has the authority and obligation to control, regulate and manage all the land belonging to the Customary Village within the Customary Village area as customary rights. In entering into an agreement to lease customary land with another party, Desa Adat has the right to land in terms of granting permits based on agreements made by both parties. Agreements that have been agreed should be accountable so as not to lead to defaults in the future. The method used in this research is the empirical method, by reviewing the statutory procedures that apply in making lease agreements for customary land and using a sociological problem approach to social law relating to legal norms both in legislation and in awig-awig. In PERDA Number 4 of 2019 concerning Customary Villages in Bali regulates the duties and authority of the Customary Villagers in maintaining the economy of the village, so that they are authorized to carry out legal actions (agreements) especially lease agreements for customary land provided they have fulfilled the requirements of the shah. An agreement can be regulated in article 1320 Civil Code. Whereas regarding the application of sanctions for parties who defaulted in the lease agreement on customary land, it was given to those who violated the agreement based on the agreement of the village paruman. Where the sanctions can be resolved based on positive law in Indonesia, namely through the judicial process.
Upaya Hukum PT Bank Rakyat Indonesia (Persero) Tbk Unit Amlapura terhadap Debitur yang Wanprestasi dalam Usaha Mikro
Authors: Payana I Kadek Adi , Budiartha I Nyoman Putu , Ujianti Ni Made Puspasutari
Published: November 2020

Economic development in a country is highly dependent on dynamic development and tangible contributions from the development sector. Development in the economic field is  the  main  driver  of  development,  Micro  Business  plays  an  important  role  in development and economic growth, not only in developing countries but also in developed countries. The formulation of the problem in this study, is: 1. Default and Legal Consequences in Micro People's Business Credit Agreement at PT. Bank BRI, 2. Repayment of Debtor Debt in Credit Agreements at Bank Bri. The research method used is a type of normative legal research. The most important part of developing a micro business is borrowing venture capital obtained from loans obtained from a bank. In an agreement, the debtor sometimes fails or defaults. Default or non-fulfillment of the agreement can occur either intentionally or unintentionally. Parties who do not intentionally do this default can occur because they are not able to fulfill these achievements or are also forced to make these achievements. The problem in this study is the occurrence of default on a credit agreement, the data is processed and analyzed qualitatively. The purpose of the analysis is to minimize the risk of bad credit. Then sort out the loan application submitted based on the loan ceiling. Default or non-fulfillment of the agreement can occur either intentionally or unintentionally. Parties who do not intentionally do this default can occur because they are not able to fulfill these achievements or are also forced to make these achievements.
Kewenangan Notaris dalam Pembuatan/ Pencabutan Surat Wasiat (Testament)
Authors: Suniayasa Agus Wahyu , Sumardika I Nyoman , Astiti Ni Gusti Ketut Sri
Published: November 2020

Humans are social creatures which in their lives always need help from those around them even though that person is about to die. Therefore, a person while away from death has the desire to arrange an inheritance which may be passed on to his offspring. After a person passed away, this wealth can cause problems in the family and society. So rules and solutions are needed according to applicable and permanent laws which refer to the appropriate Law. For example, if someone's message is to be revealed, it can be written into an authentic will deed made by a notary public which is commonly called a will or testament. This study aimed to reveal how the authority of the notary in making a will or testament and how the duties and authority of the notary in the event of execution of wills or if there is revocation of wills. This research employed a normative method and is studied with a statutory approach and a conceptual approach. The legal materials used are primary and secondary legal materials, which are processed and analyzed descriptively. The results of this study indicated that the notary has the authority to keep a will as a written or closed will and is entitled and obliged to report the will to Balai Harta Peninggalan in the area where the notary serves. In addition, if the testator changes the contents of his will, the notary must report the matter to the Central Register of Wills.
Sanksi Pidana terhadap Warga Negara Asing yang Melakukan Tindakan Pembobolan Anjungan Tunai Mandiri (Atm) dengan Teknik Skimming
Authors: Natalia Christin Dessy , Dewi A.A Sagung Laksmi , Widyantara I Made Minggu
Published: November 2020

The level of crime vulnerability in cyberspace (cybercrime) today and its impact has exceeded the real world. Cybercrime is a dark side of technological advances that have a very broad negative impact on all areas of modern life today. The impact that will be felt as a result of the collapse of a bank is not only limited to the bank concerned but will have a broad impact on other banks. This research was conducted with the aim of uncovering the causes of the crime of burglary using skimming techniques based on Law No. 19 of 2016 and the criminal responsibility of the perpetrators of criminal acts of ATM burglary using skimming techniques based on Law no. 19 of 2016. This research employed normative legal research methods. The results of this study showed that the cause of the crime of burglary using skimming techniques is the negligence of the owner of the ATM card. In the crime of skimming ATM burglary, unawarely the victim usually has been video recorded when inserting the ATM pin and the magnetic tape has been recorded through a special device. In the results of this study, it was also stated that the crime of burglary with ATM machines using skimming techniques could be charged under Article 30 of the ITE Law, so that police officers have a legal basis to take action to investigate ATM card crimes and other electronic transactions.
Penentuan Nilai Pemungutan Pajak Bea Perolehan Peralihan Tanah oleh Pemerintah dalam Penyelenggaraan Otonomi Daerah
Authors: Widhiasa I Gde Chandra Astawa , Arthanaya I Wayan , Suryani Luh Putu
Published: November 2020

One of the authorities possessed by the regional government is in terms of tax collection, one of which is the Land Title Acquisition Fees (BPHTB) carried out by the Regional Revenue Agency. The legal basis is Law Number 28 of 2009. The proceeds of the revenue which constitute state revenue are handed over to the regional government to finance development in the regions and realize regional autonomy. This study aims to identify and describe the basis for local government regulations to determine the value of an object of land rights as a tax object and to regulate the authority to collect BPHTB in relation to local regulations. Researchers used an empirical method, namely an approach with legal aspects from the results of research in the field through data collected through interviews and observations. The results of research which are based on BPHTB which are the final results of BPHTB are the results of the Acquisition of Tax Objects (NPOP). NPOP is stipulated in Article 87 of Law No.28 of 2009 concerning Regional Taxes and Regional Levies. Fees for acquisition of land rights that were not previously imposed in the case of transfer, with the issuance of Law Number 21 of 1997 which was later bound by Law Number 21 of 2000 which gave regional government authority to impose it.
Penegakan Hukum terhadap Penipuan Melalui Media Elektronik
Authors: Kesuma I Gusti Made Jaya , Widiati Ida Ayu Putu , Sugiartha I Nyoman Gede
Published: November 2020

Penipuan melalui media elektronik tengah marak terjadi di Indonesia pada era globalisasi ini. Hal tersebut menarik perhatian untuk meneliti tentang Penegakan Hukum Terhadap Penipuan Melalui Media Elektronik. Penelitian ini bertujuan untuk mengetahui penegakan  hukum  terhadap  tindak  pidana  penipuan  melalui  media  elektronik,  dan untuk mengetahui faktor-faktor terjadinya tindak pidana penipuan melalui media elektronik.  Penyajian  ini  menggunakan  metode  penelitian  Normatif.  Secara  umum, tindak pidana penipuan di Indonesia diatur dalam pasal 378 KUHP, sedangkan tindak pidana penipuan dengan menyebarkan berita bohong yang merugikan konsumen dalam transaksi elektronik melalui media online atau elektronik diatur dalam pasal 28 Ayat (1) Undang-Undang ITE. Penyebaran berita bohong ini disamakan dengan tindak penipuan pada dunia nyata sebagaimana diatur pada pasal 378 KUHP. Penerapan sanksi pidana terhadap penipuan melalui media elektronik dapat dikenakan pasal yang berlapis terhadap suatu  tindak  pidana  yang  memenuhi unsur-unsur tindak  pidana  penipuan sebagaimana diatur dalam pasal 378 KUHP dan memenuhi unsur-unsur tindak pidana pasal 28 ayat (1) Undang-Undang ITE.
Mekanisme Penyelesaian Sengketa Informasi Publik di Pengadilan Tata Usaha Negara Denpasar
Authors: Utama I Made Bayu Ari Budi , Widiati Ida Ayu Putu , Suryani Luh Putu
Published: November 2020

The sustainability of public information is an inseparable aspect of democracy, which upholds freedom and human rights. The sustainability of public information is an important aspect in fulfilling individual rights to public information. However, in practice, the public's understanding of the dispute resolution mechanism on the Sustainability of Public Information is still low. In addition, in the implementation of this Public Information Sustainability dispute, there are still obstacles that can interfere with the implementation process. That can be in the form of the applicant's lack of interest in requesting information and the applicant's lack of understanding of the administrative process in dispute implementation. Based on these problems, the purpose of this study is to know the efforts to resolve public information disputes and practice the process of dispute resolution on the sustainability of public information. The research method used is the empirical method assisted by primary and secondary legal material sources and uses qualitative techniques, namely by describing legal data first, then analyze through analysis techniques with interpretive techniques and shed descriptively in the form of a thesis. Efforts to resolve public information disputes can be carried out through two processes, namely the non-litigation process carried out at the competent Regional Information Commission and the litigation process undertaken at the State Administrative Court if the disputing public body is a State-owned public agency or a PN if the disputing public body is said. is a private public body. In practice, the process of resolving information sustainability disputes in Indonesia still has obstacles which can be in the form of misunderstandings caused by the applicant's lack of understanding of the application mechanism or the stages of the administrative process that must be passed in filing a dispute on the sustainability of public information.
Upaya Paksa terhadap Pejabat yang Tidak Melakukan Putusan Pengadilan Tata Usaha Negara Denpasar
Authors: Pratama I Wayan Dedy Cahya , Dewi Anak Agung Sagung Laksmi , Suryani Luh Putu
Published: November 2020

The discussion in the writing of this thesis is a problem related to forced efforts as regulated in article 116 where in this article forced efforts (Dwangsom) are regulated. The purpose of implementing compulsory measures so that the decisions issued are carried out by those concerned. This study aims to determine the mechanism of forced attempts to officials who do not carry out the TUN Judicial Decision and to find out the obstacles to forced attempts against the TUN Judicial Decision. Normative legal research is used as a research method, which is a stage to find legal regulations, legal principles in order to answer the contents of the law in this thesis with a statutory approach, legal theory and a conceptual approach. Primary and secondary sources of legal materials are then analyzed to obtain conclusions and suggestions. The results showed that the efforts to force the decision, namely Dwangsom and administrative sanctions at the PTUN which had been incracht could not be implemented optimally. The obstacle in forced efforts related to the execution of the PTUN Decision is that there is no special agency tasked with implementing the decision, therefore the government has revised the PTUN Law and provisions relating to Forced Efforts issued by the Supreme Court so that it can be applied by the PTUN judge so that it can be applied and implemented optimally.
Peranan Lembaga Pemberdayaan Lembaga Perkreditan Desa (LPLPD) dalam Penyelesaian Kredit Macet
Authors: Widyati I Wayan Sastrawan, Ida Ayu Putu , Widyati Ida Ayu Putu , Ujianti Ni Made Puspasutari
Published: November 2020

The community in Bali is greatly aided by the credit facilities with the existence of the Village Credit Institution (LPD). The institution is the lifeblood of the village’s economy. Looking through the importance of the LPD’s function, it is necessary to have a special institution having the power of empowering the LPD, so the Village Credit Institution Empowering Agency (LPLPD) is established. This study examines the role of the LPLPD in settling bad credit as well as the procedures for settling the bad credit at the LPD. This issue is examined by the normative legal research method. In empowering the LPD, the LPLPD performs its duties through technical strengthening related to administration and bookkeeping, checking, upgrading, LPD security budget management, LPD supply guarantee budget management, LPD liquidity support budget management, and control of LPD problems. LPLPD also seeks to prevent the risk of bad credit arising in the LPD through coaching that has been planned and scheduled in each district. LPLPD takes preventive or initial preventive action with technical guidance such as administrative guidance, bookkeeping including credit guidance. LPLPD does not participate in direct credit problem solving. On the other hand, these institutions provide solutions to LPD administrators to analyse the problem whether the credit process is due to the fault of the process or because the customer is not able to make payment. If the technical or the credit process that is wrong, it is the responsibility of the manager; however, if the process is correct but the customer causes a problem, the process must go through billing in accordance with the credit agreement. If there is already bad credit, the steps that must be taken are billing, restoration and if these are unhelpful then ultimately an credit guarantee auction is carried out.
Pelaksanaan Eksekusi Jaminan Fidusia dalam Hal Debitur Wanprestasi Pada Koperasi Simpan Pinjam Wisata Bali
Authors: Wisnanta I Wayan Wahyu , Budiartha I Nyoman Putu , Ujianti Ni Made Puspasutari
Published: November 2020

Cooperatives hold a very positive role in the improvement of people’s welfare in Indonesia, so that the welfare of the wider community can be enhanced significantly. Cooperatives perform a crucial task to improve the standard of living of all members of society. In carrying out its duties, the cooperative also acts as a financial place that has the purpose of providing loans and other money service needs. This study examines the implementation of the fiduciary guarantee execution and the factors that hinder the implementation of the said fiduciary guarantee if the debtor defaults at the Bali Tourism Cooperative. This research was conducted using empirical legal research. The data source of this research is primary data, which is data obtained from research carried out directly in the field and from cooperatives. The results show that the implementation of fiduciary security at the Bali Tourism Savings and Loans Cooperative is in accordance with the Standard Operating Procedures (SOP) owned by the Bali Tourism Savings and Loan Cooperative and does not conflict with existing regulations. Factors hampering the execution of the fiduciary guarantees in the event of defaulting debtors are guarantees that they are not registered at a fiduciary institution due to cost and time. Therefore, in issuing credit with a fiduciary guarantee, the Bali Tourism Cooperative must make an authentic deed before a notary and be registered with the Ministry of Law and Human Rights in order to further ensure legal certainty for negligence in the obligation to treat fiduciary collateral as the responsibility of the fiduciary debtor.
Kewenangan Pemerintah Daerah dalam Mengendalikan Pembangunan Kawasan Bandar Udara
Authors: Sari Ni Wayan Lusiana , Arini Desak Gde Dwi , Suryani Luh Putu
Published: November 2020

Aviation safety and security is our shared responsibility. Accidents and incidents caused by kite games or other similar games can result in casualties, machine damage and weaken the level of compliance. I Gusti Ngurah Rai Airport Flight Operational Safety Area is air, land and water space with a radius of 15 km from the runway at I Gusti Ngurah Rai Airport. The plane that was flown by SYD - DPS was not allowed to land because of a kite near the end of Runway 27 so that my plane had to spin around. The research objective is to study and analyze regional arrangements and the authority of local governments in controlling the development of the airport area. This research uses a normative type of research, by examining library materials by studying and examining theories of concepts, as well as regulations relating to problems. The results showed that the Airport Flight Operations Safety Zone Arrangement was stipulated based on the Government Regulation on aviation security and safety, which stipulates that airport operators are obliged to protect the airport environment in order to avoid disturbances that slow down flights. The authority of a regional government in controlling the flight area is to organize spatial planning in its area while still understanding the rights that people have in accordance with applicable regulations.