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Efektifitas Lembaga Bipartit Dalam Menyelesaikan Sengketa Hubungan Industrial Pada Perusahaan Pt. New Kuta Golf And Ocean View Dynna Madina Karuniawan; I Nyoman Putu Budiartha; I Putu Gede Seputra
Jurnal Konstruksi Hukum Vol. 1 No. 1 (2020): Jurnal Konstruksi Hukum
Publisher : Warmadewa Press

The increasingly important demands of industrialization for the progress a country have consequences for employers to use effective systems wherever possible. However, industrial disputes between workers and employers are often a problem. Therefore we need a set of laws that can be a separate forum for dealing with dispute matters within a company, is Bipartite Cooperative. The problem raised in this paper is how the effectiveness of the Bipartite Institute and what are the things that hamper in resolving employment issues at PT New Kuta Golf and Ocean View. The research method used is an empirical legal research method through the sociology of law approach. The results obtained, that is about disputes that have occurred in the company namely working conditions, requirements of work, increased work productivity and welfare of workers who impact on the company. The form of settlement is done through Bipartite and termination of employment. The inhibiting factors found were weak mindset, limited information, lack of competent human resources towards understanding Bipartite.

Sanksi Pidana terhadap Para Pemasang dan Promosi Iklan Bermuatan Konten Judi Online Pande Putu Rastika Paramartha; Anak Agung Sagung Laksmi Dewi; I Putu Gede Seputra
Jurnal Preferensi Hukum Vol. 2 No. 1 (2021): Jurnal Preferensi Hukum
Publisher : Warmadewa Press

Online gambling is a phenomenon that cannot be denied and is found in the community. In promoting online gambling, site owners usually advertise their online gambling sites to internet. Because this is the dissemination and development of online gambling sites is growing rapidly. From the above background, the problem can be formulated as follows: How is the regulation of criminal sanctions against the installer and promotion of online gambling advertisements and What are the criminal sanctions against the installer and promotion of online gambling advertisements The research method used is the type of normative research that is the type of research by conducting its assessment based on legal materials from the prevailing literature and legislation. The legal arrangements for advertisers and promotions of online gambling are regulated in Law Number 11 of 2008 concerning Electronic Information and Transactions in article 27 paragraph 2 which reads: "Everyone intentionally and without rights distributes and or electronic documents containing gambling "Criminal sanctions against advertising and promotion of online gambling advertisements are regulated in article 45 paragraph 1 of Act Number 11 of 2008 concerning Information and Electronic Transactions, namely criminal penalties with a maximum of 6 (six) years and or a maximum fine of Rp.1,000,000,000.00 . (one billion rupiah).

Penegakan Hukum terhadap Pembuangan Limbah Cair oleh Usaha Garmen di Kabupaten Gianyar Gede Krisna Adi Putra; I Putu Gede Seputra; Luh Putu Suryani
Jurnal Konstruksi Hukum Vol. 1 No. 1 (2020): Jurnal Konstruksi Hukum
Publisher : Warmadewa Press

Gianyar Regency is one of the districts in Bali which is a favorite of tourists. Many of these tourists are interested in local garment products, so many small garment industries are developing. However, of the many garment industries there are still many who are less concerned with disposing of the liquid waste produced by the garment without processing it first to make it more eco-friendly. Based on this background, this research was conducted with the aim of describing how to monitor the disposal of liquid waste by garment businesses in Gianyar Regency and what are the obstacles to law enforcement against garment businesses that dispose of liquid waste in Gianyar Regency. This research was designed using the empirical legal method. This research was conducted in Gianyar Regency. The results of this study indicated that the supervision of liquid waste disposal in Gianyar Regency was carried out by the Environmental Service Office of Gianyar Regency by checking the documents owned by the garment business owner. Then, they compiled a monitoring report based on facts and field findings. Finally, the Gianyar Regency Environmental Service made recommendations and submitted recommendations on the results of the supervision. The barriers to law enforcement against garment businesses that dispose of liquid waste in Gianyar Regency are legal facilities, law enforcement officers, facilities and facilities, permits, public legal awareness.

Kepemilikan Hak Atas Tanah dalam Perkawinan Campuran I Gede Wardana Oka Sastra Wiguna; I Nyoman Putu Budiartha; I Putu Gede Seputra
Jurnal Konstruksi Hukum Vol. 1 No. 1 (2020): Jurnal Konstruksi Hukum
Publisher : Warmadewa Press

The study of this research is a review of the ownership of land rights for husbands / wives as a result of the existence of mixed marriages, currently mixed marriages exist in various circles of Indonesian society, the cause of this legal incident is the result of the fast and easy development of the times, and is supported by international relations that continue to increase. With the occurrence of many mixed marriages in Indonesia, legal protection in mixed marriages should be accommodated properly in the legislation in Indonesia. The purpose of this research is to understand the arrangement of ownership of land rights according to Law Number 5 of 1960 concerning agrarian principles and to know the status of ownership of land rights that can be owned in mixed marriages. Researchers use normative techniques, namely normative legal research methods or library law research methods, which are methods or methods used in legal research conducted by examining existing library materials. This research illustrates that the ownership of land rights according to Law Number 5 of 1960 concerning Basic Basic Agrarian Regulations in general, land rights can be in the form of property rights, land use rights, land use rights, and finally use rights which are between one and one rights. Other rights have different meanings in terms of limitations on legal subjects of ownership and limitations on the duration of ownership. The status of ownership of land rights that can be owned in mixed marriages is attached to people who have Indonesian citizenship and in mixed marriages the problems of ownership of the rights over can be resolved by a marriage agreement made between the parties.

Penggunaan Materai yang Di Scan pada Surat Kuasa di Bawah Tangan dalam suatu Perjanjian Fika Pratiwi; I Ketut Sukadana; I Putu Gede Seputra
Jurnal Konstruksi Hukum Vol. 1 No. 1 (2020): Jurnal Konstruksi Hukum
Publisher : Warmadewa Press

The use of stamp duty is very important for the completeness of a document where the stamp implicitly shows that the document owner has paid stamp duty tax to the state. However, now a document can be sent via various media such as email by scanning a document. Based on this background, this research was conducted with the aim of describing the regulation of a power of attorney under hand and an agreement letter according to the Civil Code and how the validity of the power of attorney under hand with a scanned stamp which then sent via email is. The research method used is normative legal research. The results of this study indicated that the arrangement of power of attorney under hand and an agreement letter according to the Civil Code has been regulated in Article 1792 to Article 1819 of the Civil Code. The power of attorney, of course, is also based on the agreement of the two parties as it has met the requirements according to the Civil Code in Article 1320 concerning the Terms of Legality of the Agreement. In addition, the power of attorney under hand using a scanned stamp sent via email can be said to be legal according to law because there is a stamp duty in a document as stated in Article 1 Paragraph 6-7 of Government Regulation Number 82 of 2012 concerning Information and Electronic Transactions.

Perencanaan Tata Ruang Terbuka Hijau Sesuai Peraturan Daerah Kota Denpasar Nomor 27 Tahun 2011 Ni Kadek Tisna Aristya Dewi; I Putu Gede Seputra; Luh Putu Suryani
Jurnal Interpretasi Hukum Vol. 1 No. 1 (2020): Jurnal Interpretasi Hukum
Publisher : Warmadewa Press

The declining quality and quantity of green open space in urban areas has caused a decrease in the quality of the environment. Therefore, it is necessary to conduct a research on the Green Open Spatial Planning, especially in Denpasar City the legal provisions of which has been regulated in Regional Regulation No. 27 of 2011. This research analyzes the planning for the use of Green Open Spatial and the mechanism for changing the Green Open Spatial to change its function to become Spatial Settlement. The method used in this research was a normative research method, in which legal data collection was carried out by recording library studies, document studies, information and explanations obtained both from the Laws, Government Regulations and other Regulations that can be further examined which related to this problem. Data analysis in this research was carried out systematically by classification of legal materials to facilitate the analysis work, then Legal materials obtained are then subjected to discussion and grouping into certain sections. The results found that the Green Open Space is an area dominated by plants that are built for protection functions. The pattern of spatial use as a basis for the Denpasar City Government sets Green Open Spaces namely Settlements and Public Facilities. Changes in the pattern of utilization of green open spaces have changed the function resulting in the realization of optimal urban spatial planning. This happened because of the weak awareness of the people of Denpasar City.

Pemberian Hak Guna Usaha di Atas Tanah Hak Komunal Menurut Hukum Pertanahan di Indonesia Ni Ketut Krismanika; I Putu Gede Seputra; Luh Putu Suryani
Jurnal Interpretasi Hukum Vol. 1 No. 1 (2020): Jurnal Interpretasi Hukum
Publisher : Warmadewa Press

The granting of Communal Rights Certificates is done according to Article 18 of the MATR / KBPN regulation No. 10/2016, if it has been decided that by the Governor, the Regent / Mayor in that place there are indeed indigenous peoples, the Officer will report to the Ministry of National Land Agency (hereinafter abbreviated as BPN) so that it is not changed and the registration of Communal Rights for the land contained therein in that area. This study aims to determine the mechanism for granting communal land rights certificates for customary law associations and also to identify tenure rights with communal rights based on agrarian arrangements. This research is a normative legal research with a statutory approach and analysis approach and legal concepts. The results of this study indicate that the Decree of the Minister of Land said that if the results of the research there were indigenous peoples and their land, the inauguration of the indigenous peoples was decided by the ministry of MATR / BPN of the region to determine and register communal rights over their land in the region's BPN. The communal rights being applied for will be issued in the future the communal rights certificate of the customary law community. After the Communal Rights Certificate is issued from the BPN on behalf of the customary community, the use and use can be cooperated with a third party, in this case if there is a party who is applying for a Cultivation Right on the communal right, then the customary law community may negotiate with the applicant, in order to get the same benefits. The conclusion is that the mechanism for granting communal land rights certificates to customary law associations starts from the report of the customary head to the Regent / Mayor and the granting of Building Use Rights on Communal Rights land is allowed as long as Communal Rights as long as the customary community wants to relinquish these rights or exchange with other land.

Perlindungan Hukum terhadap Waitress di Cafe Katulebo Berdasarkan Undang-Undang Nomor 13 Tahun 2003 tentang Ketenagakerjaan Ida Bagus Alit Segara Gita; Nella Hasibuan Oleary; I Putu Gede Seputra
Jurnal Preferensi Hukum Vol. 1 No. 1 (2020): Jurnal Preferensi Hukum
Publisher : Warmadewa Press

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.

Asas Keadilan Pemungutan Pajak dalam Peraturan Pemerintah No 23 Tahun 2018 Tentang Pajak Penghasilan Made Dwi Surya Suasa; I Made Arjaya; I Putu Gede Seputra
Jurnal Preferensi Hukum Vol. 2 No. 1 (2021): Jurnal Preferensi Hukum
Publisher : Warmadewa Press

In mid-2018, the government issued new regulations in the field of taxation which is expected to be an increadible impact for tax revenues. The rules are set out in the Government Regulation Number 23 Year 2018 regarding Income Tax on Income Effort Received or Provided Taxpayers Who Have Specific Gross Distribution (Government Regulation Number 23 Year 2018). Various responses from the community came after the release of the Government Regulation. One is the aspect of fairness in the taxation of income that seems to be ruled out with the advent of the Government Regulation. The principle of fairness in income tax collection adheres to vertical equity, the higher the income (net) earned or received by the higher taxes that are owed. Vertical Justice not accommodated in the regulation is to make the basis for the calculation of gross turnover tax payable. As a result, taxpayers who have the same gross turnover is considered to have the same economic additional capabilities. Estuary of the principle of vertical equity is a theory that emphasizes the style bear minimum cost of living.

Penerapan Asas Hakim Aktif (Dominus Litis) dalam Persidangan di Pengadilan Tata Usaha Negara (Studi Kasus Putusan No.1/G/2017/PTUN.DPS.) Ni Komang Dewi Novita Indriyani Weda; I Made Arjaya; I Putu Gede Seputra
Jurnal Preferensi Hukum Vol. 2 No. 1 (2021): Jurnal Preferensi Hukum
Publisher : Warmadewa Press

In the judiciary the Judicial State Administration plays a more active role in the trial process in order to obtain material truth. The activist of the judge is intended to compensate for the unequal position of the parties, namely the Defendant is an entity or official of the State administration and the Plaintiff is an individual or civil legal entity. In this research there are two main problems, namely (1) how is the Procedure for Making a Gathering in the State Administrative Court? (2) How is the application of the principle of active judge (dominus litis) in the stage of proof at the trial? The research method used is normative legal research with a legal approach.

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