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All Journal JURNAL MAGISTER HUKUM UDAYANA Sociological Jurisprudence Journal KERTHA WICAKSANA JURNAL HUKUM PRASADA Vyavahara Duta Vyavahara Duta
I Wayan Werasmana Sancaya
Faculty Of Law, Universitas Warmadewa
Religion Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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Copyright Reduction as a Fidusia Warranty Object in Business Principles in Denpasar City Yustiawan, Dewa Gede Pradnya; Sancaya, I Wayan Werasmana
Sociological Jurisprudence Journal Vol 1, No 1 (2018)
Publisher : Fakultas Hukum, Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/scj.1.1.433.44-50

Abstract

Intellectual Property Rights as part of the legal system are closely related to the business world, especially with industry, trade and investment. With Intellectual Property Rights stimulated the improvement of intellectual works as well as research and development that are able to produce new techniques and technologies, which will excite the business world. Copyright is one part of intellectual property has the largest scope of protected objects, because it includes science, art and literature (art and literary) in which also includes computer programs. Copyright becomes the most important base of the national creative economy and has a strategic role in supporting the nations development and promoting the general welfare as mandated by the 1945 Constitution of the State of the Republic of Indonesia. In Article 16 paragraph (3) Law Number 28 Year 2014 on Copyright determines that Copyright can be used as an object of fiduciary guarantee. In paragraph (4) it is determined that Copyright as the object of fiduciary guarantee as referred to in paragraph (3) shall be conducted in accordance with the provisions of applicable laws and regulations. From the provisions of Article 16 paragraph (3) and paragraph (4) above, Copyright as intangible moving object may be used as loan collateral (bank) by the creator or copyright owner with fiduciary burden and the imposition of the charge shall be based on legislation in banking field. Research on the imposition of Copyright as the object of fiduciary guarantee in banking practice in Denpasar City is done to know its implementation in banking practice. In addition, also to know the constraints faced by the bank if the credit agreement used Copyright as the object of fiduciary guarantee. By knowing that, the specific targets to be achieved in this research are the results can be used by the legislator to design and formulate the legal substance of the new drafting model of legal norms that regulate the guarantee, especially the Copyright as the object of fiduciary guarantee, so that more can guarantee the existence of legal certainty and business certainty for both creditor (bank) and debtor. This research is an empirical legal research and factual approach is done by looking at the real situation in the research area.
REALITA BUDGET CONSTRAINT DAN TRADE-OFF SEBAGAI KONSEKUENSI BAGI PEMERINTAH DAERAH BALI DALAM PENGIMPLEMENTASIAN KEBIJAKAN DI MASA PANDEMI COVID-19 Saravistha, Deli Bunga; Widnyana, I Made Adi; Sancaya, I Wayan Werasmana
VYAVAHARA DUTA Vol 16, No 2 (2021)
Publisher : Institut Hindu Dharma Negeri Denpasar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25078/vd.v16i2.2913

Abstract

The determination of a public policy is of course always faced with the problem of budget constraints which often puts the government in a trade-off situation which is defined as a dilemma condition that makes it difficult to make choices in determining priorities. This is what makes many policies that are not effectively implemented. The neglect of community expectations has resulted in negative reactions ranging from acts of violation even to anarchy that leads to crime. For this reason, it is deemed very important for the government to have a strategy in setting a priority scale so that a policy is more beneficial to people's lives, not just focusing on legal certainty. For this reason, the main problem is related to the efforts of the Regional Government in determining the priority scale so that an implementation of public policy is truly on target. Keywords: Budget Constraint, Trade off, priority scale
REALITA BUDGET CONSTRAINT DAN TRADE-OFF SEBAGAI KONSEKUENSI BAGI PEMERINTAH DAERAH BALI DALAM PENGIMPLEMENTASIAN KEBIJAKAN DI MASA PANDEMI COVID-19 Saravistha, Deli Bunga; Widnyana, I Made Adi; Sancaya, I Wayan Werasmana
VYAVAHARA DUTA Vol 16, No 2 (2021)
Publisher : Institut Hindu Dharma Negeri Denpasar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25078/vd.v16i2.2913

Abstract

The determination of a public policy is of course always faced with the problem of budget constraints which often puts the government in a trade-off situation which is defined as a dilemma condition that makes it difficult to make choices in determining priorities. This is what makes many policies that are not effectively implemented. The neglect of community expectations has resulted in negative reactions ranging from acts of violation even to anarchy that leads to crime. For this reason, it is deemed very important for the government to have a strategy in setting a priority scale so that a policy is more beneficial to people's lives, not just focusing on legal certainty. For this reason, the main problem is related to the efforts of the Regional Government in determining the priority scale so that an implementation of public policy is truly on target. Keywords: Budget Constraint, Trade off, priority scale
KEKUATAN MENGIKAT PERJANJIAN NOMINEE DALAM PENGUASAAN HAK MILIK ATAS TANAH I Wayan Werasmana Sancaya
Jurnal Magister Hukum Udayana (Udayana Master Law Journal) Vol 2 No 3 (2013)
Publisher : University of Udayana

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (206.64 KB) | DOI: 10.24843/JMHU.2013.v02.i03.p10

Abstract

Nominee Agreement or trustee is an agreement that use authority which is used the name of Indonesian residents name and the Indonesian residents give power of attorney to the foreigner to make them do an legal act towards their land. Nominee agreement often called with representation or borrowed name,depend on the letter of statement or power of attorney that made by both of the side, foreigner borrow names from Indonesian to be written as the land’s owner on the certificate, but then the Indonesian depend on the deed of declaration they have made ignore that the real owner of the land and its authorization do or represented to that foreigner. The validity and power of binding the nominee agreement is can’t be separated from clause 1320 and clause 1338 KUHPerdata. If the nominee agreement already notice ang fulfill the legitimate reguirement of the agreement based on clause 132 KUHPerdata and based on 1338 KUHPerdata, so that nominee agreement already have the binding power to every sides. Based on the principle of Pacta Sund Servanda, the agreement that is made by every sides, include nominee agreement has a binding power such as law for them who have made it.
Copyright Reduction as a Fidusia Warranty Object in Business Principles in Denpasar City Dewa Gede Pradnya Yustiawan; I Wayan Werasmana Sancaya
Sociological Jurisprudence Journal Vol. 1 No. 1 (2018)
Publisher : Fakultas Hukum, Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/scj.1.1.433.45-51

Abstract

Intellectual Property Rights as part of the legal system are closely related to the business world, especially with industry, trade and investment. With Intellectual Property Rights stimulated the improvement of intellectual works as well as research and development that are able to produce new techniques and technologies, which will excite the business world. Copyright is one part of intellectual property has the largest scope of protected objects, because it includes science, art and literature (art and literary) in which also includes computer programs. Copyright becomes the most important base of the national creative economy and has a strategic role in supporting the nation's development and promoting the general welfare as mandated by the 1945 Constitution of the State of the Republic of Indonesia. In Article 16 paragraph (3) Law Number 28 Year 2014 on Copyright determines that Copyright can be used as an object of fiduciary guarantee. In paragraph (4) it is determined that Copyright as the object of fiduciary guarantee as referred to in paragraph (3) shall be conducted in accordance with the provisions of applicable laws and regulations. From the provisions of Article 16 paragraph (3) and paragraph (4) above, Copyright as intangible moving object may be used as loan collateral (bank) by the creator or copyright owner with fiduciary burden and the imposition of the charge shall be based on legislation in banking field. Research on the imposition of Copyright as the object of fiduciary guarantee in banking practice in Denpasar City is done to know its implementation in banking practice. In addition, also to know the constraints faced by the bank if the credit agreement used Copyright as the object of fiduciary guarantee. By knowing that, the specific targets to be achieved in this research are the results can be used by the legislator to design and formulate the legal substance of the new drafting model of legal norms that regulate the guarantee, especially the Copyright as the object of fiduciary guarantee, so that more can guarantee the existence of legal certainty and business certainty for both creditor (bank) and debtor. This research is an empirical legal research and factual approach is done by looking at the real situation in the research area.
The Nominee Agreement in Bali I Wayan Werasmana Sancaya; Nella Hasibuan O’Leary
Sociological Jurisprudence Journal Vol. 2 No. 1 (2019)
Publisher : Fakultas Hukum, Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/scj.2.1.970.26-31

Abstract

The title of this research is “The Nominee Agreement in Bali”. It aims discuss the meaning of the nominee agreement and the nominee agreement system in Bali. The study applies normative research approach to discuss about the nominee agreement and its system in Bali. The result is a nominee is a person or firm whose name is used as a guarantee for other properties used to facilitate transactions, while leaving the customer as the actual owner. The nominee agreement itself can be explained as follows. In a nominee agreement, the owner conveys property to a nominee to whom the latter consents to hold and execute transactions on behalf of the owner. The purpose of the agreement is to provide outlines for legal purposes of the ownership of certain property and the role of the nominee. The nominee agreement made by the notary which consists of overpower of the freehold land belonging to Indonesian citizens by foreigners wihout legal power and is null and void when it is promised that foreigners can control the freehold land juridically and have a bad faith when making the nominee agreement.
Tanggungjawab Perusahaan Angkutan Terhadap Kerugian yang Ditimbulkan Akibat Kelalaian Pengemudi Selama Kegiatan Penyelenggaraan Pengangkutan I Wayan Werasmana Sancaya; I Made Aditya Mantara Putra
KERTHA WICAKSANA Vol. 15 No. 1 (2021)
Publisher : Fakultas Hukum, Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/kw.15.1.2021.47-43

Abstract

Secara fakta dapat diamati bahwa pengemudi angkutan tidak jarang melakukan tindakan yang diakibatkan kesengajaaan ataupun kelalaian yang berakibat pada kerugian bagi orang lain, yang dalam hal ini baik kerugian materiil ataupun kerugian immateriil. Hal tersebut dapat digambarkan seperti misalnya tindakan pengemudi yang sedang mengendarai kendaraannya secara tidak wajar dalam arti pada saat menjalankan tugas pengemudi sedang dalam keadaan tidak fit, lelah atapun dalam pengaruh alkohol atau obat terlarang yang tentu sangat berpengaruh terhadap kemampuannya untuk mengemudi kendaraan, sehingga terjadi kecelakaan dan menimbulkan kerugian bagi orang lain. Berdasarkan uraian tersebut maka peneliti merasa perlu untuk meneliti tingkat dan bentuk tanggungjawab perusahaan transportasi angkutan barang. Jenis penelitian yang dipergunakan dalam penelitian ini adalah jenis penelitian hukum empiris. Hasil daripada penelitian yaitu mengenai pengaturan pertanggungjawaban perusahaan angkutan dalam hal terjadi kerugian yang diakibatkan pengemudi selama kegiatan penyelenggaraan pengangkutan pada Kantor Pos Cabang Kamboja Denpasar dan PT. Maharani Prema Sakti Denpasar mengacu pada Undang-Undang No 22 Tahun 2009 Tentang Lalu Lintas Angkutan Jalan, yang dituangkan juga dalam perjanjian kontrak kerja antara perusahaan pengangkutan dengan pengemudi. Bentuk pertanggungjawaban perusahaan yakni Kantor Pos Cabang Kamboja Denpasar terhadap pengemudi, perusahaan sebelum memperkerjakan pengemudi sudah mengikutsertakan pengemudi tersebut dengan Asuransi. Namun apabila biaya asuransi masih kurang mencukupi untuk mem-back up pembiayaan pengemudi yang mengalami kecelakaan tersebut maka kekurangan biaya akan ditanggung oleh perusahaan. Sedangkan bentuk pertanggungjawaban pada perusahaan PT. Maharani Prema Sakti Denpasar yakni bertanggungjawab sesuai dengan isi daripada perjanjian kontrak kerja yang menyatakan tanggungjawabnya dalam nominal yang sudah ditentukan.
Juridic Aspects of Startup Company in the Era of the Industrial Revolution and the Trend of Digitalization of Trade Deli Bunga Saravistha; I Wayan Werasmana Sancaya
Jurnal Hukum Prasada Vol. 9 No. 2 (2022): Jurnal Hukum Prasada
Publisher : Magister of Law, Post Graduate Program, Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (910.903 KB) | DOI: 10.22225/jhp.9.2.2022.123-129

Abstract

Looking at the times and society's need for a modern form of technology-based business, it is interesting to discuss the topic of startup companies. Moreover, this form of business is now considered part of the trend of digitizing trade. In addition, e-commerce is a form of trend in the digital sector and today's economic sector. This research aims to examine the role of big data and the protection of personal data in startup companies and the legal relationship in it, and to examine the regulations regarding consumer protection for startup company users in Indonesia. This research was conducted using a normative research method, with a statutory approach and a case approach with descriptive and evaluative techniques. The results of this research revealed that the role of big data in the startup company business, among others, is to support business competition by using big data through innovation. Not only for startup companies, but for all current and future business ventures as well as for the government in relation to public services. The parties in the startup business other than the company itself, including consumers and the government as legal authorities. All of them have their respective important roles. Consumer protection is now the responsibility of OJK, in addition to the legal umbrella in the form of regulations issued by the OJK, regulations set by Bank Indonesia can also be used as the only central bank that has the capacity to determine monetary policy. In addition, it is also regulated in the ITE Law, which even though it is not sufficient to protect consumers, it can at least provide legitimacy for the protection of consumer data.
REALITA BUDGET CONSTRAINT DAN TRADE-OFF SEBAGAI KONSEKUENSI BAGI PEMERINTAH DAERAH BALI DALAM PENGIMPLEMENTASIAN KEBIJAKAN DI MASA PANDEMI COVID-19 Deli Bunga Saravistha; I Made Adi Widnyana; I Wayan Werasmana Sancaya
VYAVAHARA DUTA Vol 16 No 2 (2021)
Publisher : Jurusan Hukum Fakultas Dharma Duta Universitas Hindu Negeri I Gusti Bagus Sugriwa Denpasar

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (336.356 KB) | DOI: 10.25078/vyavaharaduta.v16i2.1918

Abstract

The determination of a public policy is of course always faced with the problem of budget constraints which often puts the government in a trade-off situation which is defined as a dilemma condition that makes it difficult to make choices in determining priorities. This is what makes many policies that are not effectively implemented. The neglect of community expectations has resulted in negative reactions ranging from acts of violation even to anarchy that leads to crime. For this reason, it is deemed very important for the government to have a strategy in setting a priority scale so that a policy is more beneficial to people's lives, not just focusing on legal certainty. For this reason, the main problem is related to the efforts of the Regional Government in determining the priority scale so that an implementation of public policy is truly on target.
Co-Authors Deli Bunga Saravistha Deli Bunga Saravistha I Dewa Gede Pradnya Yustiawan I Made Adi Widnyana I Made Aditya Mantara Putra Nella Hasibuan O’Leary Saravistha, Deli Bunga