bluuebunny/crossref_metadata_2025 huggingface dataset:
Perlindungan Hukum terhadap Karya Seni Melalui Media Mural
Authors: Wijaya Deviana Utami , I Ketut Kasta Arya Wijaya  , Luh Putu Suryani
Published: May 2022

A work of art is an artistic creation of an aesthetic object. Usually, it can be depicted in the form of sculptures, but can also be in the form of objects specially designed for aesthetic purposes and their uses. This research aims to analyze and regulate legal regulations and protections related to mural art in Indonesia. The method used is a normative legal research method. Legal arrangements regarding legal arrangements related to mural art in Indonesia are contained in the 1945 Constitution of the Republic of Indonesia Article 28 I and 28 J, Law No.39/1999 on Human Rights, Law no. 9 of 1998 concerning Expressing opinions in public and Law No. 12 of 2005 concerning Civil and Political Rights. The legal protection given to mural artworks is more or less the same as the regulation, except that not all mural artworks can be protected, if the mural art violates the applicable legal norms then it can be said that Vandalism is regulated in the Criminal Code Article 489 paragraph (1), Article 406 paragraph (1), and Article 160 of the Criminal Code.
Penegakan Hukum yang Dilakukan Direktorat Lalu Lintas Polda Bali terhadap Pelanggaran Kendaraan Roda Tiga Angkutan Sampah Melebihi Daya Beban Angkut di Kota Denpasar
Authors: Pramana I Gede Eka Surya , I Nyoman Putu Budiartha  , I Made Minggu Widyantara
Published: May 2022

The Denpasar city government has created a garbage collection program that is managed by the Banjar. The waste produced in 2021 is around 550 - 600 tons every day. To reduce waste, we formed a team to store the waste and transport it to the landfill using a three-wheeled motorbike. The method of empirical research is used in conducting this research, with legal research being useful to see the legal point of view in the real conditions of a fact that exists in society. The conclusion of this study is that the Denpasar city government program to transport waste to the TPA for three-wheeled motorized vehicles is less efficient because the amount of waste carrying capacity exceeds the limit, thereby endangering other vehicles. The Traffic Directorate of the Bali Police carried out two types of efforts to reduce the number of violations by means of prevention and action.
Peranan Lembaga Bantuan Hukum dalam Penanganan Permasalahan Ketenagakerjaan (Studi Di LBH Bali)
Authors: Hardi Kresensia Angelica , Anak Agung Sagung Laksmi Dewi  , I Made Minggu Widyantara
Published: May 2022

This study aims to analyze legal aid procedures and determine the role of Legal Aid Institutions in handling employment problems. Legal Aid Institute is one of the distributors of Legal Aid. One of them is the Bali Legal Aid Institute. The scope of the provision of legal aid is quite broad which includes also employment issues considering that many workers' rights have not been fulfilled and the workers' inability to get access to justice. This study uses empirical research methods with a sociological approach. Where researchers make direct observations on objects. Legal aid, procedures, procedures for obtaining legal assistance, and if a problem occurs, its handling is also regulated in Indonesian law. The Bali Legal Aid Institute has an important role in handling labor problems in the Bali area. Its roles include providing legal education, providing assistance, and being involved in policy formation for workers in the Bali area. For the government, it is hoped that it will be more aggressive in providing industrial relations development and for Legal Aid Institutions to socialize Legal Aid so that it can be utilized as well as possible.
Pengaturan Industri Permainan Interaktif Elektronik di Era Industri 4.0 Video Game Industry Regulation In 4.0. Industry Era
Authors: Yoshua Pramana Kawi  , I Nyoman Putu Budiartha  , Ni Made Puspasutari Ujianti
Published: May 2022

The video game industry has developed very significantly in the 4.0 industry era. Video game industry development also happened in Indonesia in the last two decades, making the government then feel the need to assign a system of regulation to the video game industry in Indonesia. However, a particular part of that said system, which is Regulation of Indonesia’s Esports Major Administrator Number 034/PB-ESI/B/VI/2021, caused some problems regarding its application in public. Therefore, the researcher is interested to study these problems by using the principles of the regulation-making process in the Republic of Indonesia’s Act Number 12 of 2011 and other related law sources. The purpose of this research is to know and understand the regulation of the video game industry and the application’s impact on the public. The research method is using the normative method with the law and conceptual approaches. The result is showing that the development of the video game industry in Indonesia should be controlled in a good regulation system and the implications must be handled seriously by those in charge to provide huge benefits for the country, especially for those working in the video game industry.
Perlindungan Hukum Otoritas Jasa Keuangan terhadap Investor Pasar Modal atas Diberlakukannya Delisting Saham oleh Bursa Efek Indonesia
Authors: Bhasudeva I Dewa Gede Angga , I Nyoman Putu Budiartha  , Ni Made Puspasutari Ujianti
Published: May 2022

This study aims to analyze and describe the legal consequences for issuers whose shares are delisted by the stock exchange and analyze how the legal protection provided by the financial services authorities to capital market investors for the implementation of stock delisting by the stock exchange. Capital market developments affect legal certainty and protection for investors. This research is included in normative legal research that uses a conceptual approach and legislation. Judging from the results of the research, many go public companies have not disclosed information that should be known by the public and the OJK so that these issuers will be subject to delisting sanctions by the IDX. Delisting can be granted if the issuer wants to become a closed company but is still a go public company. Shareholders are given legal protection by the OJK, namely, preventive in nature as evidenced by guidance and supervision by the OJK, repressive protection as evidenced by administrative sanctions for parties who violate the legal rules regarding the capital market in force in Indonesia.
Peranan Penyidikan Tambahan dalam Menindaklanjuti Perkara Tindak Pidana Pencurian Sapi di Wilayah Hukum Polsek Petang
Authors: Ni Komang Diana Trisnayanti  , Anak Agung Sagung Laksmi Dewi  , Ni Made Suryati Karma
Published: May 2022

Handling the crime of theft is certainly an alternative in the criminal justice system. In the investigation effort, of course, there can be obstacles that affect the slowness of the examination of the case, as happened at the Evening Police, namely the lack of complete evidence needed because there is a shortage of investigating officers. Therefore, the role of additional investigators is very much needed for the Evening Police. This study uses empirical research methods as well as a sociological approach to law. The role of additional investigations in the settlement of cases of cow theft in the jurisdiction of the Evening Police Sector is to be able to complete the prosecutor's instructions through P-19 which is a code that the results of the investigation are not complete, however, sometimes investigators cannot fulfill the prosecutor's instructions, so the case files go back and forth up to 4 times. . This is done in accordance with the provisions of the legislation or operational standards that apply to the Indonesian National Police.
Perlindungan Hukum Bagi Kreditur dalam Hal Terjadi Wanprestasi pada Program Kredit Angsuran Sistem Fidusia di PT Pegadaian Cabang Denpasar
Authors: Swari Putu Berliana Prema , I Nyoman Putu Budiartha  , Desak Gde Dwi Arini
Published: May 2022

This study aims to analyze and describe the process of providing credit with a creative program and a form of legal protection if the debtor defaults on the creation program at PT Pegadaian Denpasar. Pegadaian was born as the foundation of the high-quality will of the ruler of a country to help many people who need funding solutions. One of the results of PT Pegadaian is creation, the result is a pawn system which is also intended for all of the lenders, both for consumptive and productive needs. The type of research used in this research is empirical legal research. Based on the results of the study, it can be seen that the high rate of default in 2021 occurred at PT Pegadaian Denpasar branch of 205 customers who defaulted as many as 69 people or 33.69%. This has legal implications. Meanwhile, legal protection for creditors refers to the Civil Code, legal protection for parties who have debts in credit agreements and fiduciary dependents very needed to think that the object made mortgage is on the side of the debtor.
Implementasi Perjanjian Bagi Hasil dalam Pengelolaan Terasering Ceking ( Studi Kasus Di Desa Kedisan, Kecamatan Tegallalang )
Authors: Pramana Gusti Ngurah Oka , I Ketut Kasta Arya Wijaya  , Luh Putu Suryani
Published: May 2022

Tourism is a complex sector since it has a multi-dimensional nature physically, politically, socio-culturally and economically. Development in the tourism sector will have an impact on increasing regional income. For example, the Gianyar area has many tourism destinations, including the Ceking Terrace Tourism Object. This tourism destination has a view of the terraces located in the middle of the Kedisan Traditional Village, Tegallalang sub-district. This study examines the arrangement of profit sharing and the implementation of profit sharing agreements in the management of the Ceking Terrace tourism object. The research method used is empirical legal research. The results of the study indicate that the legal arrangement regarding profit sharing for the management of Terasing Ceking tourism objects is contained in the provisions of the Gianyar Regency Regional Regulation No. 10 of 2013. This regulates the determination of traditional villages and traditional institutions to have the right to share the profits of the Ceking Terrace tourism object. Then, the profit sharing agreement includes the rights and obligations of the parties in managing the Ceking Terrace tourism object, namely the Management of the Ceking Terrace Tourism Object has a right as a guarantee from the agreed contract. The management also has obligations that must be carried out so that management runs well, land owners are also entitled to compensation for the rice fields that are used as views with the obligation to maintain the beauty of their fields according to the agreement. be subject to sanctions in the form of compensation payments.
Eksistensi Lembaga Pemberdayaan Masyarakat (LPM) dalam Mewujudkan Pembangunan Desa di Desa Datah, Kecamatan Abang, Kabupaten Karangasem
Authors: Dana I Gede Andik Surya , Ida Ayu Putu Widiati  , I wayan arthanaya
Published: May 2022

Community empowerment institutions are one form of village institutions in realizing community welfare. The welfare of people's lives must be realized by creating an equal distribution of rights and obligations of the surrounding community. The government in its efforts to realize it is ready with various program arrangements to support this. This research is focused on knowing the existence of Community Empowerment Institutions (LPM), as well as obstacles and efforts in realizing village development carried out by Community Empowerment Institutions (LPM) in Datah Village, Abang District, Karangasem Regency. The method used is an empirical legal approach by seeking information and data directly in the field. Research findings reveal that the existence of LPM in Datah village in village development still needs to be improved. The village government must try to find the obstacles or inhibiting factors that occur, as well as the efforts made so that the LPM program can be said to be effective in the context of village development that aims to prosper the community. Based on the results of the study, it can be concluded that the existence of LPM in Datah village has not had a significant impact and is fully felt by the community. The government needs to increase the empowerment of this institution so that it has a good influence on the progress of the local community.
Implementasi Perpanjangan Perjanjian Kerja Waktu Tertentu (PKWT) bagi Pekerja Kontrak Pada Koperasi Yowana Bakti Mandiri Desa Jagapati Kabupaten Badung
Authors: I Made Wiratama  , I Nyoman Putu Budiartha  , Desak Gde Dwi Arini
Published: May 2022

This study aims to find out about the legal responsibilities of employers who default on workers in relation to Law Number 13 of 2003 concerning Manpower. Certain time work agreements (PKWT) are widely used by entrepreneurs/companies because they are considered very efficient in carrying out company operations and can minimize expenses for a company or cooperative. The employment agreement is the beginning of the birth of the working relationship between the employer and the worker. This research uses empirical legal research. The Yowana Bakti Mandiri Cooperative still does not comply with several provisions of the applicable laws and regulations, namely extending a certain time work agreement more than 1 (one) time and not giving a 30-day lag when renewing the agreement, and requiring a probationary period for contract workers.
Tindak Pidana Terorisme yang dilakukan oleh Anak Dibawah Umur
Authors: I Wayan Bayu Suryawan  , I Nyoman Gede Sugiartha  , I Made Minggu Widyantara
Published: May 2022

This study aims to discuss the legal regulation of criminal acts of terrorism by minors and how the accountability of perpetrators of criminal acts of terrorism by minors is based on Law No. 15 of 2003 concerning the eradication of criminal acts of terrorism. This study uses a normative legal research type. Children are human resources who have a vital position in the development of the nation, but the phenomenon occurs that many children are involved and influenced by committing crimes of terrorism, where children are involved in criminal acts of terrorism. The results of the research on the legal regulation of criminal acts of terrorism committed by children have not been regulated by criminal provisions, they cannot be subject to capital punishment or life imprisonment. Cannot be held criminally responsible because there are conditions in the element of error that are not fulfilled, namely the requirement that those above a certain age can be held responsible. A child who has not been able to decide what he wants is said to be mentally immature, unable to make a decision correctly, even if the child commits a crime on his own consciousness. With the inability of children to be judged legally, special legal protection is needed for children.
Pengawasan dan Penindakan sebagai Upaya Perlindungan Hukum terhadap Dana Masyarakat yang Disimpan di Lembaga Koperasi (Studi Kasus di Ksu Banjar Negari, Kabupaten Gianyar)
Authors: Dewi Ni Komang Nanda Permata , Anak Agung Sagung Laksmi Dewi  , Luh Putu Suryani
Published: May 2022

This study aims to discuss the legal protection of public funds stored in cooperative institutions and cooperative action against cooperative customers who default in terms of borrowing cooperative funds. Cooperatives as a form of the business entity have an important position for empowering and strengthening the people's economy. Based on equal rights and obligations in carrying out certain businesses that intend to meet the various needs of the members. The research method used is the empirical method. Regarding the protection of citizen funds by irregularities in cooperative institutions, there is no legal certainty. Default has legal consequences for those who run it and poses a risk with the emergence of parties who feel that their rights have been harmed to prosecute parties who have defaulted in order to submit compensation, so by In the law, it is desirable that no one party feels the loss due to the default. The first sanction against cooperatives that apply legal protection to cooperative customers is to provide a letter of introduction by the cooperative regarding what the debtor is doing.
Kajian Yuridis terhadap Produksi Minuman Fermentasi Khas Bali yang Tidak Memiliki Izin Edar
Authors: Nyoman Satria Bismantara  , Ida Ayu Putu Widiati  , I Wayan Arthanaya
Published: May 2022

Currently, there is a rampant circulation of Balinese fermented drinks that do not have distribution permits. The Government of Indonesia has regulated regulations related to the circulation of fermented beverages that do not have a distribution permit in Presidential Regulation No. 74 of 2013 and Bali Provincial Governor Regulation No. 1 of 2020. Therefore, the purpose of this reserach is to examine the legal arrangements regarding the production of Balinese fermented drinks and to analyze law enforcement against Balinese fermented beverage business actors without a distribution permit. This reserach uses a normative legal research type, using a statutory approach and a conceptual approach. The sources of legal materials for this research are: primary, secondary and tertiary sources of legal materials. This research data collection technique is a literature reserach technique, namely by reviewing legal materials that intersect and then being categorized or classified and archived, written, quoted, summarized, investigated as needed with a qualitative approach. The researcher found that Legal arrangements regarding the production of Balinese fermented beverages are regulated in Bali Provincial Governor Regulation No. 1 of 2020. Bali Governor Regulation No. 1 of 2020 is a supporting factor for law enforcement because it is a reference for the law in addition to law enforcement factors, namely police officers in this case pamong praja police who have the task of supporting in organizing local government in the field of security and order and enforcement of local regulations in terms of controlling the circulation of alcoholic beverages.
Tindak Pidana Pembunuhan oleh Seorang Ibu Terhadap Bayinya Setelah di Lahirkan
Authors: I Made Jaya Palguna  , I Nyoman Gede Sugiarta  , I Made Minggu Widyantara
Published: May 2022

Violence against children is a form of human rights violation. Violence against children often occurs in the family environment where the family should receive protection, this has happened in the Gianyar district, Bali which was carried out by a biological mother against her newborn child, causing the child to die. The purpose of this research is to determine the legal regulation of the crime of murder by the mother of her baby after being born according to the law, as well as the criminal sanctions of the act of killing the mother of her baby after being born according to the law. The type of research in this research is normative research using primary legal materials and secondary legal materials. The technique of collecting legal materials is a literature research technique, namely by reviewing legal materials that intersect and then being categorized or classified and archived, written, quoted, summarized, and investigated as needed with a qualitative approach. Articles 341, 342, and 343 of the Criminal Code are also regulated in the Child Protection Law. With regard to criminal sanctions in such acts, based on Article 80 paragraphs 3 and 4 of Law no. 35 of 2014 concerning Child Protection, namely: perpetrators are sentenced to a maximum imprisonment of 15 years and/or a maximum fine of three billion rupiah.
Sengketa Gugatan Perdata atas Kepemilikan Tanah Istana Negara Tampaksiring Oleh Masyarakat di Desa Manukaya Gianyar
Authors: I Nyoman Sukrata  , Anak Agung Sagung Laksmi Dewi  , I Made Minggu Widyantara
Published: May 2022

The government expanded the area of ​​the Tampaksiring State Palace and housing for Presidential Palace employees that had been acquired by the state and privately owned land in Manukaya Village. The purpose of this research was to determine the process of land ownership disputes at the Tampaksiring State Palace and to analyze the obstacles faced in resolving disputes over land ownership of the Tampaksiring State Palace by the people in the village of Manukaya. The research method used is Empirical Law. This research uses: a sociological approach, a statutory approach, and a fact approach in conducting research. Primary data comes from the results of field interviews which are then linked to legislation relevant to the case in the field and secondary data comes from: law books and legal journals that support primary data. Interview techniques were carried out as research data collection, library research techniques, and observation. The disputed land belonging to the Plaintiffs which was released by the Government was used as Housing for the employees of the Tampaksiring Presidential Palace at the time of release, the proof of ownership was still in the form of Girik/details of the 1948 Klasiran and Petok D. In the trial it turned out that the government, in this case the Tampaksiring State Palace, was able to prove it with evidence: Letter of application for Rights Use, dated January 27, 1986. Therefore, the community should first check the completeness of the evidence along with the certificate and the government should also increase efforts to prevent land disputes between the parties.
Perlindungan Hukum terhadap Pekerja Perempuan di Anantara Uluwatu Bali Resort
Authors: Dewi Ida Ayu Intan Surya , Ni Komang Arini Styawati  , I Wayan Arthanaya
Published: May 2022

Development is very dependent on workers because workers/workers have a very important role as actors and the purpose of the development of legal protection, in this case, becomes essential to protect the rights of workers. The Covid-19 pandemic adds to the burden carried by female workers because of the change in the work system to work from home. Despite working, female workers are also burdened by household chores. In addition, other contributing factors that make women workers more vulnerable to layoffs are because women are considered physically and mentally weak, violence and discrimination. The purpose of this research is to describe the implementation of the regulations for women workers at the Anantara Uluwatu Bali Resort Hotel and to discuss the obstacles to the legal protection of women workers at the Anantara Uluwatu Bali Resort. The research method used is empirical legal research. Sources of legal material for empirical research usually come from interviews and observations which are the main sources of material, while sources of supporting materials are books and legal journals. The data collection technique was carried out through observation, accompanied by notes on the condition or behavior of the target object using documentation research techniques, and interview techniques. female workers who are pregnant until delivery, and rest periods. The rights and obligations of women workers at the Anantara Hotel Uluwatu Bali Resort are running well.
Fungsi Pengawasan Dinas Perhubungan dalam Penertiban Tarif Angkutan di Provinsi Bali
Authors: Komang Ikka Shintya Daivi  , Anak Agung Sagung Laksmi Dewi  , Luh Putu Suryani
Published: May 2022

Public transportation is one part of the transportation sector that is widely used by the Balinese people. An important component in the operation of public transportation that must be considered is the determination of tariffs. The purpose of the study was to analyze the mechanism for controlling public transport fares by the Bali Provincial Transportation Service and to examine the obstacles during the implementation of controlling public transport fares in the Province of Bali. The research method in this paper uses empirical research using a sociological approach and a conceptual approach. The results show that the Government has limited authority in setting tariffs. The authority for public transportation rates for people in Bali Province includes online transportation, conventional taxis, and AKDP transportation. As a result of the pandemic, most entrepreneurs in the transportation sector have lost, this is a factor in the existence of fraud in the imposition of tariffs. In addition, the lack of PPNS personnel and the unavailability of special tools to read barcodes are also obstacles. The Department of Transportation is advised to review comprehensive tariff rules, as well as add PPNS members, and immediately budget for the availability of sophisticated equipment in order to overcome the obstacles that occur.
Efektifitas Pendaftaran Merek Hartlystore.id oleh Usaha Mikro Kecil Menengah (Umkm) di Kota Denpasar
Authors: Putra Kadek Bayu Dinata , I Nyoman Putu Budiartha  , Ni Made Puspasutari Ujianti
Published: May 2022

This article is motivated by the legal protection of trademarks; the legal protection of trademarks in Indonesia applies after trademark registration is carried out. MSMEs do not have legal protection if the MSME brand has not been registered. This tends to cause potential problems in the future, namely the misuse of brands by irresponsible parties because MSMEs do not have legal protection if the MSME brands have not been registered. Based on the previous explanation, this research aims to discuss the problem of implementing the registration of the hartlystore.id trademark in Denpasar City and what legal consequences will be obtained if the hartlystore.id trademark is not registered. The research method used is empirical legal research, empirical research provides answers to problems related to the reality that occurs in society related to the problems to be studied using a sociological approach, a statutory approach and a fact approach. The main legal source of this research is field research, namely research carried out by going directly into the field to obtain various kinds of data. While the supporting legal sources come from legal books and journals as well as previous research that is relevant to this research. Data collection techniques used are interviews and data observation in the field. From the results of the research, it was found that the implementation of the hartlystore.id trademark registration in Denpasar City had not run effectively this was due to the lack of understanding of MSMEs regarding trademark registration. The legal consequences that arise if the hartlystore.id Mark does not register its trademark, namely the hartlystore.id Mark will not get legal protection from the state if the hartlystore.id mark is imitated or falsified by other parties.
Sanksi Pidana terhadap Pelaku Pengeroyokan yang Menyebabkan Kematian (Putusan Nomor 399/Pid.B/2020/PN Dps)
Authors: Putu Kayla Yunita Dewi  , Anak Agung Sagung Laksmi Dewi  , I Made Minggu Widyantara
Published: May 2022

Beating is an act that causes someone to be physically injured on purpose, with that there is a need for legal protection for victims of beatings because it is very disturbing to the community. This is regulated in the Criminal Codebook II chapter V. The purpose of this research is to discuss the regulation of the criminal act of beating that causes death and to examine the judge's considerations in imposing criminal sanctions on perpetrators who kill by beating according to Judge's Decision Number 399/Pid.B/2020 /PN Dps. This research is normative research with a statutory and conceptual approach. Primary legal sources, namely legal materials in the form of legislation, namely: the Criminal Code, and Legal Decisions. Secondary legal sources, namely official legal materials that support previous materials in the form of literature, books, and scientific journals. The technique used in making this research uses the collection of document research materials, including existing legal arrangements. existing regulations, self-defense by taking vigilante freely is carried out arbitrarily without any sense of guilt. Meanwhile, the beatings are also related to Article 170 of the Criminal Code. The suggestion is that the Denpasar District Court provides confirmations for each decision issued by the judge so that criminal sanctions are in accordance with applicable regulations and so that in the future there will be no injustice created over cases that have been resolved and it is hoped that in the future the community will be wiser and it would be better if the public could report similar cases to the competent authorities (law enforcement officers), in order to protect and ensure legal certainty in the community.
Pertanggungjawaban atas Perdagangan Minuman Beralkohol terhadap Anak dibawah Umur Melalui Layanan Go-Shop di Kota Denpasar
Authors: I Made Krisna Bagus Wisena  , Anak Agung Sagung Laksmi Dewi  , Luh Putu Suryani
Published: May 2022

This increasingly popular digital world is marked by the emergence of the internet and various devices or gadgets, the Go-Shop service feature on Go-Jek makes it easy for users to get goods including alcoholic beverages so there needs to be accountability for the affordability of alcoholic beverages purchases by minors. The purpose of this study is to discuss the factors that cause the sale of affordable alcoholic beverages to minors on Go-Shop services and to describe the form of accountability for alcoholic beverages traded to minors through Go-Shop services at Go-Jek in Denpasar City. The research method in this article uses empirical research methods, using a sociological approach, and a statutory approach. Sources of legal materials consist of: primary and secondary sources of legal materials. The data sources used were traced by document study techniques centered on legislation and various literature relevant to the object of research as well as interview techniques conducted on informants and respondents. As for the results of this study, it can be concluded that the internal factors of underage children consume alcohol out of curiosity, while the external factors are due to social influences, especially association. Regarding the accountability for the affordable purchase of alcoholic beverages by minors, it can be addressed to partners or even parents or guardians of minors, as well as PT Go-Jek.
Analisa Yuridis Pengangkatan Seorang Mantan Narapidana Korupsi Menjadi Komisaris Bumn
Authors: Ni Kadek Lia Sri Padmiani  , Anak Agung Sagung Laksmi Dewi  , I Made Minggu Widyantara
Published: May 2022

BUMN is a state-owned enterprise where all or most of the capital owned by the state through direct investment comes from separated wealth. In practice, there are still several cases where there is the appointment of a person who has become a former corruption convict to serve as a commissioner of BUMN. The regulation regarding the appointment of BUMN commissioners has been regulated in the provisions of the Law on BUMN. The purpose of this research is to discuss the regulations and legal consequences in the appointment of former corruption convicts to become BUMN commissioners. The type of research that will be used in this research is normative legal research, using a statutory approach and a conceptual approach. There are two sources of legal materials for this research, namely primary and secondary sources. Data collection techniques using literature research techniques. The results of the research explain that the appointment of former corruption convicts to become commissioners can be carried out if the person is not found guilty within 5 years before the nomination. In the appointment of former corruption convicts to become commissioners of SOEs, three conditions must be met, namely formal, material and other requirements. There are two efforts that can be made to the appointment of former corruption convicts to become commissioners of BUMN, namely ordinary legal remedies and extraordinary legal remedies.
Tanggung Jawab Penyedia Layanan Kesehatan Aplikasi Pedulilindungi terhadap Keamanan Data Pribadi Konsumen
Authors: Ni Kadek Marantina Dewi  , I Nyoman Putu Budiartha  , I Nyoman Subamia
Published: May 2022

One proof that someone has been vaccinated is with a certificate that can be seen through the PeduliLindung application. However, there were complaints from a number of people regarding the issue of leaking personal data in the PeduliLindungi application, making the public less sure of the effectiveness of the application. Thus, this research aims to discuss the regulations and policies of the government for the protection of personal data and what is the responsibility of the PeduliLindung application service provider for the data of a consumer in health services. The research method used is the normative method. The approach used is a statutory approach and a conceptual approach. The main material of this research is legislation related to the cases raised in this research, while the supporting materials are books and legal journals that are relevant to the research. The results of this research show that personal data contained in the Cares Protect application includes name, date of birth, complete address, gender, and nationality. In various countries, special rules have been formulated regarding the protection of personal data, but so far Indonesia does not have such regulations. This issue is only regulated in Article 26 of the ITE Law. It is hoped that the government will soon enact a bill on PDP in Indonesia. So that later it can provide a deterrent effect and minimize the illegal spread of personal data in the PeduliLindungi application.
Upaya Kemenkumham dalam Penanggulangan Tindak Pidana Peredaran Narkotika yang Dilakukan Petugas Lembaga Pemasyarakatan
Authors: Raharja I Nyoman Arya Mugi , Anak Agung Sagung Laksmi Dewi  , I Made Minggu Widyantara
Published: May 2022

Currently, a serious problem for the Indonesian state is the circulation of narcotics. Correctional institutions are also affected by the circulation of illicit narcotics, even though the institution is an isolated place, it can be carried out by officers, therefore it needs countermeasures from the Ministry of Law and Human Rights as the ministry that oversees correctional institutions. The aims are to analyze the cause of the circulation of narcotics in Class II A Kerobokan Penitentiary and to examine the efforts of the Ministry of Law and Human Rights in following up on narcotics trafficking crimes carried out by officers of Class II-A Kerobokan Penitentiary. Empirical legal research is used in compiling this research by using a sociological approach, a statutory approach, and a conceptual approach. The sources of legal materials for this research consist of primary and secondary data. Primary data is the main data resulting from observations made during the research, this data is data from interviews with respondents. Secondary data, namely supporting data for primary data, this data is obtained through legal sources. In this research, data collection techniques use direct interviews with sources. The results show that the correctional officers committing narcotics trafficking crimes were caused by several factors such as economic factors, mental factors, environmental/social factors, and inmates who were not rehabilitated. Improving the Quality of Correctional Officers, Improving Facilities and Infrastructure, Preventing Overcrowding, Providing Appropriate and Attractive Compensation, Conducting Routine Rotation of Narcotics Dealers, Urine Testing for Correctional Officers, imposing strict sanctions on Correctional Institution officers who are found to have violated the rules in these illicit goods, in accordance with Law No. 35 of 2009 on Narcotics.
Kedudukan Hukum Akta Jaminan Fidusia yang ditandatangan oleh Para Pihak Diluar Wilayah Kerja Notaris di Denpasar
Authors: Ni Kadek Shonia Virgayanti  , Nella Hasibuan O’leary  , Ni Made Sukariati Karma
Published: May 2022

Notaries when carrying out their duties must be based on the Law on Notary Positions (UUJN) and the Notary Code of Ethics. This research was carried out with the aim of knowing the implementation of the preparation of the Fiduciary Guarantee Deed (AJF) by a Notary, and finding out the legal position of AJF which is signed by parties outside the Notary's working area. This research is empirical research, problem approach with descriptive research type and juridical-empirical approach. There are several sources, namely primary material sources and secondary material sources. Where the primary material source comes from the legislation related to the research case. While the secondary material comes from the results of interviews that support the primary material as well as relevant legal books. Data collection techniques are interviews and library studies. The results of the research show that AJF is made by a notary when someone appears and asks for the service. AJF is then registered to obtain a Fiduciary Guarantee Certificate. The legal position of the AJF that is compiled is not in the area where the Notary works, that is, the deed acts like an underhand deed. The notary has a dispensation to draw up the deed, not in the vicinity where he works, it is in an open inheritance area.
Penegakan Hukum terhadap Tindak Pidana Korupsi Dana Bantuan Sosial Pandemi Covid-19 yang dilakukan oleh Pejabat Negara
Authors: Ni Komang Sri Herawati Octa  , Anak Agung Sagung Laksmi Dewi  , Luh Putu Suryani
Published: May 2022

Indonesia is a legal state (Rechtsstaat) not based on mere power (Machtstaat). Weak law enforcement in Indonesia causes crimes such as corruption in social assistance funds among state officials to increase. The purpose of this research is to analyze the regulation of corruption in social assistance funds and to discuss law enforcement of criminal acts of corruption in social assistance funds in an effort to recover state losses. This type of research is normative research, using a statutory approach and a conceptual approach. Sources of legal materials consist of primary and secondary materials. The technique in collecting legal materials with data collection is by quoting than in the data in a freelance record by recording the name of the author, book title, publisher name, publisher year, and page number quoted. The regulation of criminal acts of corruption in social assistance funds carried out by state officials is regulated in Article 3 of Law No. 20 of the Year with the threat of life imprisonment or imprisonment between 1 to 20 years and a fine as stipulated in this article. Sanctions for criminal acts of corruption in an effort to recover state losses are regulated in Article 18 Paragraphs (1) and (2) of Law No. 20 of 2001 concerning the Eradication of Criminal Acts of Corruption. Law enforcers are expected to give the fairest sanctions to the perpetrators according to their actions so that these sanctions are beneficial for the perpetrators and the injured party.
Perempuan Korban Tindak Pidana Kekerasan dalam Rumah Tanggapada Masa Pandemi Covid-19
Authors: Ida Ayu Viony Adniasari  , Anak Agung Sagung Laksmi Dewi  , Luh Putu Suryani
Published: May 2022

Domestic Violence is a very serious threat for women because not only is the number of cases of violence experienced increasing, but the increase is also increasingly worrying. The number of female victims who experience domestic violence continues to increase every year, especially during the time the coronavirus spreads. The purpose of this study is to discuss the factors that cause women to become victims of criminal acts of domestic violence during the Covid-19 pandemic and to analyze countermeasures that can be taken to prevent women from becoming victims of criminal acts of domestic violence during the Covid-19 pandemic. -19. In conducting research, empirical law is used through criminological techniques used in research. Sources of legal materials consist of primary and secondary materials. The technique in collecting legal materials with data collection is by quoting, letting go, and providing proposals for legal materials than in the data in a loose note by recording the name of the author, book title, publisher name, publisher year, and page number quoted. The conclusions from the results of this study are the factors that women become victims of criminal acts of domestic violence include personality characteristics, past trauma, narcotics abuse, economic problems and the social environment. Countermeasures in the context of preventing women from becoming victims of criminal acts of domestic violence can be carried out in a preventive and repressive manner.
Implementasi Peraturan Daerah Kabupaten Klungkung Nomor 2 Tahun 2018 tentang Retribusi Pelayanan Pasar
Authors: Gede Dwiki Cahyadi  , Anak Agung Sagung Laksmi Dewi  , I Wayan Arthanaya
Published: May 2022

The traders who sell in the Public Market owned by the Klungkung Regency Government have an obligation to pay a market levy. The Regional Government together with the Klungkung Regency Cooperatives and UMKM Service are institutions in charge of retribution in accordance with statutory regulations. The purpose of this study is to discuss the implementation of the Klungkung Regency Regional Regulation No. 2 of 2018 on Levy Taxes and to examine the legal consequences of the Klungkung Regency Regional Regulation No. 2 of 2018 concerning Market Service Fees, Especially in the Semarapura Market. This study uses an empirical method using a sociological approach, a conceptual approach, and a factual approach. Market levies have an influence on local revenue (PAD) as a significant source of revenue for routine and development financing in an autonomous region. The continuation of the Covid-19 pandemic, namely realizing the abolition of fines if the market retribution arrears are more than two months and only required to pay the principal, referring to the policies issued by the cooperative and MSME services as government institutions that take shelter in managing user charges. Public markets in Klungkung Regency that are required to pay a levy are Semarapura Public Market, Galiran Public Market, Kusumba Public Market, Mentigi Public Market, and Senggol Public Market.
Tindak Pidana Penipuan Investasi Fiktif di Pasar Modal Menggunakan Skema Piramida
Authors: Ni Putu Rai Santi Pradnyani  , I Nyoman Putu Budiartha  , I Made Minggu Widyantara
Published: May 2022

The rise of investment fraud in Indonesia has been driven by several factors, such as a lack of public awareness of the financial sector, especially legal investments, and the plight of those seeking high returns ignoring risk. The victims of fictitious investment are not only from the lower middle class, but also the educated or upper class with higher education. This research aims to find out how the legal arrangements for investment managers to commit fraud in the capital market using a pyramid scheme, and the criminal sanctions they will receive. This research is normative legal research conducted with a case and legislation approach. As a result, in cases of fraud, two sides can be found, namely the side that is deceived (the victim) and the side that deceives (the perpetrator). Capital Market Law stipulates a regulation whereby parties are required to follow the principle of transparency in trading securities and conducting public offerings on the secondary market. The criminal sanction for fictitious investment managers to commit fraud in the capital market using a pyramid scheme is where the perpetrator performs deviant behavior that meets certain requirements to be subject to criminal sanctions.
Kepemilikan Satuan Rumah Susun Bagi Warga Negara Asing Di Indonesia
Authors: Anak Agung Ngurah Sentana Putra  , I Nyoman Putu Budiartha  , Ni Made Puspa Sutariujianti
Published: May 2022

The Indonesian Flats Ordinance is regulated by the Ministerial Ordinance or the head of the agency that handles affairs in the agricultural sector and aims to create legal certainty and protection for the owner of the right or house. The purpose of this research is to discuss the regulation of foreign houses in Indonesia and to find out what the meaning of foreign house law is in Indonesia. The sources of legal materials for this research are primary and secondary legal materials, where primary legal materials come from legislation relevant to the case raised. Meanwhile, secondary legal materials come from legal books and journals that can support primary sources. The collection of primary and secondary legal materials is carried out by collecting, reading and recording legal materials. However, first an agreement must be reached between the owners of the land rights, then the rights are submitted to the State Land Agency (BPN) under the attorney's power to sell the alternative, and so on. The process of transferring the right to housing into the use rights of foreigners. In addition, the legal impact of foreign housing ownership in Indonesia based on Government Regulation of the Republic of Indonesia Number 103 of 2015 aims to provide legal certainty regarding permits for foreign citizens. (Foreigners) own a flat (salsun)/apartment built on a plot of land that has the right to be used.
Implementasi Peraturan Pemerintah Nomor 24 Tahun 2016 terhadap Daerah Kerja Pejabat Pembuat Akta Tanah
Authors: Karmani Anak Agung Sagung Saviti Mahawishwa , I Nyoman Putu Budiartha  , Ni Gusti Ketut Sri Astiti
Published: May 2022

The arrangement of the PPAT work area is formulated in PP No. 24 of 2016 Article 12 Paragraph 1 formulates that the PPAT working area includes the province where the PPAT office is located. This research discusses the implementation of the PPAT work area and the sanctions that will be obtained if the PPAT exercises authority outside its working area. This research aims to discuss the legal arrangements regarding the work area of ​​the Land Deed Making Official and to find out the sanctions against the Land Deed Maker Officer who exercises authority outside the work area. This research is normative research using a statutory approach and a conceptual approach. The sources of legal materials for this research consist of primary, secondary, and tertiary sources of material. The collection of primary and secondary legal materials is carried out by collecting, reading, and recording legal materials in accordance with the laws related to the issues in this research. The results of this research explain that PP no. 24 of 2016 in Article 12 Paragraph 1 is not implemented according to the contents of the regulation. There is no article that explains the sanctions if the PPAT does not carry out the work area of ​​one province so that the PPAT who exercises authority outside the work area does not get sanctions. This implementation contradicts the Lex Posterior Derogat Legi Priori Principle.
Sanksi Pidana terhadap Kecurangan dalam Laporan Dana Kampanye Pemilihan Umum di Indonesia
Authors: Suryani Ni Nyoman Sonia Santhy , Anak Agung Sagung Laksmi Dewi  , Luh Putu Suryani
Published: May 2022

In 2019, Dr Somvir, a legislative candidate for Bali Regional People’s Representative Council, reported his campaign fund was zero rupiah, which was later reported to Election Supervisory Body Bali as a case of suspicion of fraud in the campaign fund report. The fraud was manipulating the number of campaign funds received or used. The purpose of this study is to discuss the legal arrangements regarding general election campaign finance reports in Indonesia and to examine the criminal sanctions imposed on fraud in general election campaign finance reports in Indonesia. The research method and problem approach used is a normative method with a conceptual and statutory approach. The results of this study explain campaign fund report is regulated on Law Number 7 of 2017 about General Election and Regulation by General Election Commission Number 24 of 2018 about Campaign Fund in General Election. Criminal sanctions for fraud in campaign fund reports in the Indonesian general election could be confinement, imprisonment, and fines, which are regulated on Article 496 and 497 Law Number 7 of 2017. The government needs to explain clearly the meaning of information in campaign fund reports in the general elections.