Article Per Year (5 Year)
p-Index From 2019 - 2024
1.984
P-Index
This Author published in this journals
All Journal Jurnal IUS (Kajian Hukum dan Keadilan) Jurnal Akta Jurnal Notariil KERTHA WICAKSANA Jurnal Konstruksi Hukum Postgraduated Community Service Journal Law Doctoral Community Service Journal Protection: Journal Of Land And Environmental Law Journal of Political And Legal Sovereignty
I Nyoman Sujana
Faculty Of Law, University Of Warmadewa
Humanities Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences Other

Published : 13 Documents Claim Missing Document
Claim Missing Document
Check
Articles

Found 13 Documents
Search

 1   2 
LEGALITY OF DEBT RECOVERY LETTERS WITH THE POWER OF SELLING BASED ON ARTICLE 224 HIR (HERZIEN INLANDSCH REGLEMENT) Nyoman Chrisna Dewi Asmarani; I Nyoman Sujana; I Nyoman Putu Budiartha
NOTARIIL Jurnal Kenotariatan Vol. 4 No. 2 (2019)
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/jn.4.2.1354.85-95

Abstract

This research aims is to determine the basis for judges' considerations in ratifying the sale and purchase deeds based on the Debt Recognition Letter with Power of Attorney to pay off debts in the Decision of the Supreme Court No. 2290 K / PDT / 2012 which can be justified based on the prevailing laws and regulations and knowing the matters that need attention concerning the legal consequences of the deed of selling right for guarantee of Land Rights. This recent study uses a normative legal research method that examines and analyzes existing legal issues through existing legal sources and applicable laws and regulations. The results of this study found that the Judge's Consideration in the Supreme Court Decree No. 2290 K / PDT / 2012 which stated that Judex Facti was not wrong to apply the law, decided two legal actions of the plaintiff were legally valid and the legal consequences that occurred after the Supreme Court Decision No. 2290 K / PDT / 2012, then the creditor can have a Guarantee for Land Based on a Credit Recognition Letter made imperfectly (Authentic and Unilateral) on the basis of a Deed of Sale and Purchase without a number authorized by the Panel of Judges in the Decision.
Implementasi Pembuatan Akta Postnuptial Agreement oleh Notaris Pasca Putusan Makamah Konstitusi Nomor 69/PUU-XIII/2015 (Studi di Wilayah Kota Denpasar) Ryan Permana Wijaya; I Nyoman Sujana; Putu Ayu Sriasih Wesna
KERTHA WICAKSANA Vol. 16 No. 2 (2022)
Publisher : Fakultas Hukum, Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/kw.16.2.2022.140-148

Abstract

This study aims to determine and analyze the existence and implementation of postnuptial agreement deeds after the Constitutional Court Decision Number 69 / PUU-XIII / 2015 (hereinafter referred to as the MK 69/2015) in Denpasar City. In essence, the Constitutional Court Decision 69/2015 provides an opportunity that a marriage agreement can be made during the marriage (postnuptial agreement). In order to ensure that the value of justice can actually be realized, it is necessary to study the implementation of the postnuptial agreement deed drafting. Based on this, two problems can be formulated as follows: (1) how is the existence of the postnuptial agreement deed after the Constitutional Court Decision 69/2015 in Denpasar City ?; (2) how is the implementation of the postnuptial agreement deed after the Constitutional Court Decision 69/2015 in Denpasar City? This research is an empirical legal research with descriptive-qualitative characteristics. The results showed that the making of the postnuptial agreement deed by a notary after the MK 69/2015 decision in the Denpasar City area proved to exist and was first made in 2017. The implementation of the postnuptial agreement deed by a notary after the MK 69/2015 decision in the Denpasar City area has not yet been implemented effective, for 2 reasons, namely differences in views on the calculation of the time frame for the application of postnuptial agreement deeds in the internal notary profession and a lack of understanding of the urgency of marriage agreements among people in the city of Denpasar.
Dillemas of Bad Loan Settlement of Village Credit Institution (Lembaga Perkreditan Desa) in The Covid-19 Pandemic Situation I Nyoman Sujana; Leonito Ribeiro
Jurnal IUS Kajian Hukum dan Keadilan Vol 10, No 2: August 2022 : Jurnal IUS Kajian Hukum dan Keadilan
Publisher : Fakultas Hukum Universitas Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29303/ius.v10i2.1104

Abstract

This paper analyzes the dilemma of resolving bad loans of the Village Credit Institution (LPD) in the Covid19 Pandemic Era. The focus of the study is the problems faced by the Village Credit Institution (LPD) in resolving bad loans in Bali Province during the COVID-19 pandemic era. This study was conducted because LPDs in Bali experienced difficulties in securing credit even though the collaterals or guarantees were imposed with a mortgage as well as a Fiduciary during the Covid 19 period. As an analytical device on the legal issues studied, the author applied the theory of the welfare state with a statutory approach, a conceptual approach, a sociological approach, and a case approach. Based on the results of the study, it is found that the settlement of bad loans at the LPD is in a dilemma. “Internally“ the LPD noticed that the debtors, members of the traditional village, are taking refuge behind the Covid-19 pandemic situation, and denied their obligations. In the collateral cases, even though Mortgage Rights have been imposed with a fiduciary, settlement is about to be carried out, it turns out to be controlled by a third party who is a member of the Customary Village to execute loan settlement through the expropriation of the collateral by execution parate. This type of action is not allowed based on the principles of Balinese customary law paras, parosegilikseguluk, sarpanayasabayantaka. In this case, the LPD should go back to court. Meanwhile, “externally” the economic atmosphere affected by the Covid-19 pandemic has not yet recovered. Therefore, LPD faces a difficult choice between settling bad loans to recover the cash flow of a company, and taking measures to save credit by rescheduling, restructuring, and reconditioning. This rescue measure has become a heavy burden for LPDs to fulfill their obligations to credit customers.
The Meaning of the Phrase “Temporary Absent” Performing His Position as a Notary I Nyoman Sujana; I Made Pria Dharsana; Ni Putu Indianita Cahyanti
Jurnal Akta Vol 9, No 3 (2022): September 2022
Publisher : Program Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/akta.v9i3.22340

Abstract

This paper analyses the meaning of the phrase of being temporary unable to carry out his position as a Notary. The focus of the study in this paper is regarding the phrase unable to carry out his position as a notary as referred to in Article 1 point 3 UUJN jo. UUJN-P. The method used is a normative legal writing method, using a statutory approach, a case approach, and a conceptual approach that is also supported by a factual approach. As an analytical tool for the legal issues studied, the author uses the theory of legal certainty and the theory of hermeneutics. These two theories are used because this paper aims to analyse clearly the meaning of the phrase unable to carry out his position as a notary, so that it does not cause multiple interpretations. The legal materials used are primary legal materials in the form of legislation related to the Notary Position, which is complemented by secondary legal materials in the form of reputable journals and the latest literature. Based on the results of the analysis, it can be found that the meaning of the phrase temporary absent can be interpreted as a form of leave granted by UUJN and UUJN-P with a maximum of 12 years, except for a notary who is appointed as a state official. Serving as a state official, and should not be interpreted as a temporary dismissal. The purpose of this analysis is to provide legal certainty over the meaning of the phrase unable to carry out his position as a notary.  
Rescue of Non-Performing Credit in Post Pandemi Covid-19 Village Credit Institutions in the Adat Ped Village, Nusa Penida District, Klungkung Regency I Nyoman Sujana; Putu Ayu Sriasih Wesna; I wayan Kartika Jaya Utama
Law Doctoral Community Service Journal Vol. 2 No. 1 (2023): Law Doctoral Community Service Journal
Publisher : Fakultas Hukum, Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55637/ldcsj.2.1.6193.36-42

Abstract

The tourism business is the mainstay of the Small Island of Nusa Penida as an inseparable part of the Island of the Gods, Bali. The existence of the COVID-19 Pandemic has made Bali tourism and is no exception also an impact on the tourism business in Nusa Penida. The people's economy in Nusa Penida experienced very severe shocks and even eroded almost all economic sectors; including the impact on the financial services sector owned by a traditional village called The village credit institution (The Village Credit Institution). The aim research is to know how are the efforts to save problem loans carried out by the Management of The Village Credit Institution Desa Adat Ped in the post-Covid-19 pandemic era. This legal issue will be studied using a normative legal approach complemented by a sociological approach carried out by The Village Credit INSTITUTION administrators throughout the Nusa Penida sub-district, Klungkung regency - Bali. Normative legal theory is concerned with the ends and justifications for the law as a whole and for particular legal rules. The result shows that Through Restructuring, namely efforts in the form of changing the terms of the credit agreement or converting all or part of the credit into company equity, which is carried out with or without Rescheduling and/or reconditioning.
Implications Of Control Of Coastal Lands By Foreigners In The Tourism Business I Wayan Kartika Jaya UTAMA; I Nyoman SUJANA; Putu Ayu Sriasih WESNA; Leonito RIBEIRO
Protection: Journal Of Land And Environmental Law Vol. 1 No. 2 (2022): Protection: Journal Of Land And Environmental Law. (November – February 2023)
Publisher : Indonesia Strategic Sustainability

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (204.077 KB) | DOI: 10.38142/pjlel.v1i2.472

Abstract

The focus of the study in this paper is the legal aspects of coastal land control by foreigners in Bali to benefit the tourism business. In analyzing these legal issues, the author uses empirical legal research methods with a statutory approach, a conceptual approach, a sociological approach, and a case approach. Based on the theory of authority, the theory of expediency, and the theory of legal protection as an analytical knife, the tourism business in Bali cannot be separated from the existence of foreigners. Similarly, the control of coastal land in Bali-pun does not escape the control of foreigners, both through legal investment and some illegal, by utilizing mutually beneficial cooperation between residents and with prajuru Indigenous Villages on the basis of sharing profits.It is in this philosophy that the principle of good faith in investing is reflected so that the possession of coastal lands by foreigners for the benefit of the tourism business is obliged to respect this very noble principle; however, in empirical facts, it turns out that the control of coastal lands in Bali by foreigners under the guise of mutually beneficial cooperation is likely to harm the use of indigenous villages in carrying out the religious values attached to these coastal lands. So that in this case, the concept of mutually beneficial cooperation is contained in the lousy faith of foreigners to control the land of Bali to get personal benefits at the expense of Balinese nature wrapped in mutually beneficial Works.
Pemberian Fasilitas Ekspor Crude Palm Oil Oleh Dirjen Perdagangan Luar Negeri Ditinjau dari Undang – Undang Tindak Pidana Korupsi I Kadek Yukik Okta Dwipayana; I Nyoman Gede Sugiartha; I Nyoman Sujana
Jurnal Konstruksi Hukum Vol. 4 No. 1 (2023): Jurnal Konstruksi Hukum
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55637/jkh.4.1.6185.40-45

Abstract

The state of Indonesia is a country that has a rich culture besides that the number of its people's population which is increasing every day makes a lot of different thoughts for each person with their respective life goals. As a country of law, Indonesia has several components that specifically explore the law itself, starting from its regulation to its sanctions which make people's behavior limited by law and on the other hand with the existence of community laws become more controlled and reduce behavior that violates the norms carried out. The research conducted by the author is related to corruption crimes where corruption itself is carried out by an official who has certain authority in his field and has the full trust of the government and because of his authority makes it easier to carry out actions that harm the nation and state.
Penyelamatan Kredit Bermasalah Pada Lembaga Perkreditan Desa (LPD) Pasca Pandemi Covid-19 di Desa Adat Ped Kecamatan Nusa Penida Kabupaten Klungkung I Nyoman Sujana; I Wayan Kartika Jaya Utama
Postgraduated Community Service Journal Vol. 3 No. 2 (2022)
Publisher : Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/pcsj.3.2.2022.98-105

Abstract

The tourism business is the mainstay of the Small Island of Nusa Penida as an inseparable part of the Island of the Gods, Bali. The existence of the COVID-19 Pandemic has made Bali tourism and is no exception also an impact on the tourism business in Nusa Penida. The people's economy in Nusa Penida experienced very severe shocks and even eroded almost all economic sectors; including the impact on the financial services sector owned by a traditional village called the Village Credit Institution (LPD). Bali tourism, especially Nusa Penida as one of the world's tourist destinations during the COVID-19 Pandemic, has drained the energy of the management of Traditional Village LPDs throughout Bali, because many people from Traditional Villages have lost their purchasing power as a result of COVID-19, so that the principle of good faith in the world business is often neglected and even overtaken by the demands of the bowels. After the COVID-19 pandemic era, many LPD administrators were faced with a dilemma between saving LPD operations due to the large number of problem loans with a sense of empathy for indigenous village residents who were unable to pay credit installments as a result of loss of income as a result of COVID-19. Even though the COVID-19 pandemic has passed on the surface, the feeling of anxiety about the emergence of a new variant continues to create anxiety among LPD administrators. Related to this dilemma, this paper examines legal issues related to "rescuing problem loans" faced by LPDs after the COD-19 pandemic occurred in the tourist area of Nusa Penida Island. This legal issue will be studied using a normative legal approach supplemented by a sociological approach carried out by LPD administrators throughout the Nusa Penida District, Klungkung Regency -Bali.
Dillemas of Bad Loan Settlement of Village Credit Institution (Lembaga Perkreditan Desa) in The Covid-19 Pandemic Situation I Nyoman Sujana; Leonito Ribeiro
Jurnal IUS Kajian Hukum dan Keadilan Vol. 10 No. 2: August 2022 : Jurnal IUS Kajian Hukum dan Keadilan
Publisher : Magister of Law, Faculty of Law, University of Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29303/ius.v10i2.1104

Abstract

This paper analyzes the dilemma of resolving bad loans of the Village Credit Institution (LPD) in the Covid19 Pandemic Era. The focus of the study is the problems faced by the Village Credit Institution (LPD) in resolving bad loans in Bali Province during the COVID-19 pandemic era. This study was conducted because LPDs in Bali experienced difficulties in securing credit even though the collaterals or guarantees were imposed with a mortgage as well as a Fiduciary during the Covid 19 period. As an analytical device on the legal issues studied, the author applied the theory of the welfare state with a statutory approach, a conceptual approach, a sociological approach, and a case approach. Based on the results of the study, it is found that the settlement of bad loans at the LPD is in a dilemma. “Internally“ the LPD noticed that the debtors, members of the traditional village, are taking refuge behind the Covid-19 pandemic situation, and denied their obligations. In the collateral cases, even though Mortgage Rights have been imposed with a fiduciary, settlement is about to be carried out, it turns out to be controlled by a third party who is a member of the Customary Village to execute loan settlement through the expropriation of the collateral by execution parate. This type of action is not allowed based on the principles of Balinese customary law paras, parosegilikseguluk, sarpanayasabayantaka. In this case, the LPD should go back to court. Meanwhile, “externally” the economic atmosphere affected by the Covid-19 pandemic has not yet recovered. Therefore, LPD faces a difficult choice between settling bad loans to recover the cash flow of a company, and taking measures to save credit by rescheduling, restructuring, and reconditioning. This rescue measure has become a heavy burden for LPDs to fulfill their obligations to credit customers.
The Implementation Of Grant Of Marriage Properties Distribution Through Conciliation Agreement Yussie Masyuni DANIYANTHI; I Nyoman SUJANA; Anak Agung Istri AGUNG
Protection: Journal Of Land And Environmental Law Vol. 1 No. 2 (2022): Protection: Journal Of Land And Environmental Law. (November – February 2023)
Publisher : Indonesia Strategic Sustainability

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38142/pjlel.v1i2.646

Abstract

This paper is the result of empirical legal research aiming at identifying legal issues regarding the discrepancy in the implementation of joint properties distribution in marriage pursuant to Balinese customary law and the practices occurring in society. And in addition, a legal breakthrough exists to set aside court order regarding the distribution of joint assets through legal actions based on a conciliation agreement. It can be understood that this study aims at contributing ideas to the implementation of the distribution of marital joint properties through a conciliation agreement. By applying the statutory approach, case approach and sociological approach, it can be understood that parties whose marriages have been broken up due to divorce can waive court order through a conciliation agreement in marital joint properties in marital joint properties. In the event that there is a struggle over the division of joint properties as a result of the breakup in a marriage due to divorce, based on the results of study and analysis of legal materials it can be understood that the distribution of marital joint properties granted through a conciliation agreement does not necessarily or automatically transfer the object of the grant. However, if what is distributed in the joint property is in the form of land rights, then in order to be able to transfer into being on behalf of each party and moreover to children who are still minor, a deed of grant shall be firstly drawn up by a Land Deed Conveyancer (PPAT).
Co-Authors Anak Agung Gede Krisna PRABHAWISNU Anak Agung Istri Agung I Kadek Yukik Okta Dwipayana I Made Pria DHARSANA I Made Pria Dharsana, I Made Pria I Nyoman Alit PUSPADMA I Nyoman Gede Sugiartha I Nyoman Putu Budiartha I Wayan Kartika Jaya Utama John MADE FERRARI Leonito Ribeiro Leonito RIBEIRO Ni Putu Indianita Cahyanti Nyoman Chrisna Dewi Asmarani Putu Ayu Sriasih Wesna Ryan Permana Wijaya Trisna Sandya MAHARANI Yussie Masyuni DANIYANTHI