I Nyoman Alit Puspadma’s scientific contributions

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Publications (15)


Ease of Establishment of Micro and Small Business Individual Companies in Supporting Tourism Businesses after the Enactment of the Job Creation Law
  • Article
  • Full-text available

December 2024

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9 Reads

INTERNATIONAL JOURNAL OF MULTIDISCIPLINARY RESEARCH AND ANALYSIS

Putu Ayu Sriasih Wesna

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Ni Luh Made Mahendrawati

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I Nyoman Alit Puspadma

To support the economic growth of the Indonesian people in general and the Balinese people in particular, most of whom are in the tourism sector, the Government has enacted several laws and regulations, including Law Number 11 of 2020 concerning Job Creation. The enactment of the Job Creation Law provides discretion to micro and small businesses in terms of establishing a legal entity whose establishment does not require a notary deed, and even the founder and shareholder only need one person. Companies that meet the criteria for micro and small businesses will receive the facilities as stipulated in the Job Creation Law. This will be very beneficial for Shareholders of Individual Companies.

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OWNERSHIP OF LAND RIGHTS BY FOREIGNERS USING THE NAME OF INDONESIAN CITIZENS

September 2024

Journal Of Law Theory And Law Enforcement

National land law prohibits land ownership by foreigners, in accordance with Article 9 of the Agrarian Law, which states that only Indonesian citizens can own property rights to land. Meanwhile, Article 26 Paragraph (2) of the Agrarian Law also prohibits the transmission of land ownership rights from Indonesian citizens to foreigners, either directly or indirectly. However, many foreigners control land through certain agreements made before a notary or PPAT. This research is intended to determine and evaluate the validity of land rights acquisition by foreigners and the legal consequences of such acquisition if certain agreements are used. The research method in this research uses a normative legal approach, which focuses on examining legal norms and analyzing library materials to examine the application of positive law. This research indicates that even though formally land ownership by foreigners can be considered legal, it violates Article 26 Paragraph (2) of the Agrarian Law because it is an indirect way to transmit property rights to foreigners. As a legal consequence, land ownership by foreigners through certain agreements is considered null and void, as evidenced in Gianyar District Court Decision Number 259/Pdt.G/2020/PN.Gin because it does not fulfill the objectual requirements under Article 1320 of the Civil Code.


LEGAL CONSEQUENCES OF DEPOSITED FUNDS TO PUBLIC NOTARY BEFORE PREPARATION OF SALES AND PURCHASE AGREEMENT: A Case Study of Supreme Court Decision Number 508 K/PID/2017

September 2024

Journal Of Law Theory And Law Enforcement

Depositing funds to the notary before the preparation of the Sales and Purchase Agreement (PPJB) is a common property transaction in Indonesia. It ensures the safety of the funds prior to the final agreement between the buyer and seller. However, there are legal risks associated with the management and use of these funds, especially if there is a dispute or a violation of the agreement. This research analyzes the legal consequences of entrusting funds to a notary by examining the case of Supreme Court Decision Number 508 K/PID/2017. This decision provides important insights into the responsibilities and obligations of notaries in the context of fund entrustment and its legal implications for the parties involved. This research aims to analyze the legal consequences of deposited money to public notary before making a land sale and purchase agreement. This research uses a normative method through legal approach and legal concept analysis. Data was obtained from relevant regulations and legal literature. The results indicated that if a notary receives money before the agreement is made, he/she acts outside his/her authority as a notary and only as a trustee. If there is any misuse of the money, the notary can be charged with embezzlement under Article 372 of the Criminal Code. This dispute can be resolved through legal channels (litigation) or negotiation and mediation (non-litigation). Depositing funds with a notary before the sale and purchase agreement can have serious legal consequences if it does not fulfill the correct procedure, as shown in Supreme Court Decision Number 508 K/PID/2017.


Transfer Of Land Rights Through Sale And Purchase Based On Receipt In Karangasem District

August 2024

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5 Reads

Global International Journal of Innovative Research

Sell buy right on land with sheet receipt without exists certificate sell purchases made in the presence of PPAT will very harm buyer . Registration of transfer of rights on land arranged in Article 37 paragraph (1) PP No. 24 of 1997 , the registration requirements for the transfer of land rights due to sale and purchase are mandatory fulfilled . Transition right on land with sheet receipt moment This Still happened in one Village in Karangasem Regency , with exists gap This give rise to problem moreover if one party died then Can happen dispute land , so appear problem How implementation registration transition right on land through sell buy based on receipts and how consequence law to transition right on land through sell buy with receipt . Method research used that is method study law empirical , with approach problem ie approach facts , approaches case , approach legislation , approach concept and approach sociology law . Research result This in implementation registration transition right on land through sell buy based on no receipt at BPN can done only with receipt Because receipt just proof payment paid off on land and registration the transition must made certificate sell buy from a Notary / PPAT and the consequences the law to transition right on land through sell buy with receipt that is Not yet exists transition right on land because receipt No can used For register transition right on land . So that need made it certificate sell buy in advance Notary / PPAT for parties buyer Can register The transition is up to BPN and the parties get rights and obligations as well as No There is dispute that is not productivity that arises later day


Inheritance Rights of Children of Extramarital in the Perspective of Balinese Customary Law After Constitutional Court Decision Number 46/PUU-VIII/2010

January 2023

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19 Reads

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3 Citations

Journal of Political And Legal Sovereignty

Purpose:This Article analyzes the inheritance rights of children of extramarital in the perspective of Balinese Customary Law after Constitutional Court Decision Number 46/PUU-VIII/2010. This study is focused on the children born with extramarital inheritance as regulated under the customary law in Bali after the issuance of the Constitutional Court Decision regarding children of extramarital.Methodology:This research is conducted with normative legal methods by applying the statutory, conceptual, and case approaches. The theory of justice and legal certainty is applied as the tools for analyzing legal issues as the focus of the study.Findings:After the analysis, it can be understood that the inheritance rights of children born extramarital under customary law in Bali are still marginalized because for them to obtain the position of being an heir, the Balinese customary law and community still consider legal marriage as determining point whether a person can become an heir or not.Implication: Even though the Supreme Court Decision determines that the biological father has a civil relationship with a child born extramarital, providing that it can be proven by science or technology and or for other evidence under the applicable laws and regulations or other supporting evidence legally, but if the ratification is not carried out for husband and wife relationship through a religious ceremony as referred to in Article 2 Paragraph (1) of the Marriage Law, then a child born of extramarital still has no relationship in terms of inheritance to his father's kinship lineage or patrilineal kinship lineage. Children born of extramarital have an inheritance relationship with their mother or their mother's family.


JURIDICAL IMPLICATIONS OF THE SUPREME COURT'S DECISION NUMBER: 121 K/TUN/2017 ON DISCLOSURE OF DATA INFORMATION OF THE HOLDER RIGHT TO CULTIVATE

June 2022

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12 Reads

NOTARIIL Jurnal Kenotariatan

The legal construction of Articles 187 and 191 of the Minister of Agrarian Affairs Number 3 of 1997 and Article 12 paragraph (4) letter i of the Perka BPN excludes HGU documents as documents that are not accessible to the public and can only be given to government agencies.This study aims to examine regulation of information transparency on the data of the holder of the Right to Cultivate and to examine the legal consequences of not implementing the Supreme Court's Decision Number: 121 K/TUN/2017 by the Ministry of Agrarian Affairs and Spatial Planning/National Land Agency (ATR/BPN) which has permanent legal force. This study uses a normative juridical method according to the applicable law. The results of this study revealed that Transparency of information on data on holders of the Right to Cultivate refers to Article 2 paragraph (1) of Government Regulation Number 24 of 1997 concerning Land Registration (hereinafter referred to as PP No. 24 of 1997) which stipulates that public information is open and accessible to every user of public information. The Right to Cultivate Documents are not exempt under Article 17 letters b and h of the KIP Law. Furthermore, the legal consequences of not implementing the Supreme Court's decision Number: 121 K/TUN/2017, namely the cassation respondent may be subject to administrative sanctions in accordance with Article 116 of the Administrative Court Law and criminal sanctions in accordance with Article 52 of the KIP Law.


Arrangement of Agricultural Land Production Sharing Agreements in the Development of Environmentally Friendly Agrotourism

March 2022

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5 Reads

Journal Research of Social Science Economics and Management

One model of tourism development that is in line with alternative tourism is community-based tourism as a pattern that is believed to provide economic benefits and equity, environmental preservation, local culture preservation, social empowerment, community empowerment. Community-based tourism is a tourism development with a high level of local community involvement and can be accounted for from the socio-cultural and environmental aspects. So far, there are no clear rules that explicitly regulate the arrangement of profit sharing, especially in the field of agro-tourism. According to Article 1320 of the KUHPerdata, an agreement is valid if it meets the following four conditions: Agree of those who bind themselves, The ability to make an engagement, a certain thing, a lawful cause—referring to the Legal Principles of Agreement as contained in the KUHPerdata (KUHPerdata), namely Personality Principles (Article 1315 jo 1340 KUHPerdata), Consensualotas Principles (Article 1320 KUHPerdata), Freedom of Contract Principles (Article 1338 paragraph (1) KUHPerdata). In the current reformation era, the legal development strategy is directed towards responsive law characterized by the large role of judicial institutions and the broad participation of social groups or the participation of individuals in society to determine the direction of legal development, resulting in the formation of clear legislation. Furthermore, provide legal certainty in making agreements for agricultural land products related to agro-tourism with environmental insight.


Arrangement of Agricultural Land Production Sharing Agreements in the Development of Environmentally Friendly Agrotourism

March 2022

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2 Reads

Journal Research of Social Science Economics and Management

One model of tourism development that is in line with alternative tourism is community-based tourism as a pattern that is believed to provide economic benefits and equity, environmental preservation, local culture preservation, social empowerment, community empowerment. Community-based tourism is a tourism development with a high level of local community involvement and can be accounted for from the socio-cultural and environmental aspects. So far, there are no clear rules that explicitly regulate the arrangement of profit sharing, especially in the field of agro-tourism. According to Article 1320 of the KUHPerdata, an agreement is valid if it meets the following four conditions: Agree of those who bind themselves, The ability to make an engagement, a certain thing, a lawful cause—referring to the Legal Principles of Agreement as contained in the KUHPerdata (KUHPerdata), namely Personality Principles (Article 1315 jo 1340 KUHPerdata), Consensualotas Principles (Article 1320 KUHPerdata), Freedom of Contract Principles (Article 1338 paragraph (1) KUHPerdata). In the current reformation era, the legal development strategy is directed towards responsive law characterized by the large role of judicial institutions and the broad participation of social groups or the participation of individuals in society to determine the direction of legal development, resulting in the formation of clear legislation. Furthermore, provide legal certainty in making agreements for agricultural land products related to agro-tourism with environmental insight.


Non-Performing Loan and How to Solve It

September 2021

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47 Reads

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1 Citation

Sociological Jurisprudence Journal

Credit delivery by the bank requires the debtor to pay the obligations that have been scheduled in the credit agreement, but it will not always work well, sometimes because of something and other things there are also debtors who can not fulfill the obligations that have been promised so that credit problems occur. Non-performing loans also cause problems for banks, because they can make banks collapse. Thus the question arises, how to avoid the occurrence of problem loans and if it occurs, how is the solution?.


NOTARY LEGALITY AS AN AUTHENTIC DICTION IN TERMS OF PHYSICALLY DISABLED BASED ON LAW OF POSITION NOTARY

June 2021

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39 Reads

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1 Citation

NOTARIIL Jurnal Kenotariatan

An authentic deed can be perfect proof that must be signed by the parties. It becomes a problem when one or all of those who are obliged to sign or put fingerprints, but have a total disability of the hand or fingers (physically disabled) so that the person concerned is not able to sign or fingerprint. There is a norm in relation to a person with disabilities to make a deed before a notary. The purpose of this study is to find out the procedure for ratifying a notary deed in terms of hearing-impaired persons and the legal strength of a notary deed in terms of disabled persons. This study uses normative legal methods. The results of this study indicated that the stipulation of Article 44 of UUJNP makes it possible for persons with disabilities not to sign the deed, then at the end of the deed it is explained about a situation where the applicant is unable to sign the deed and therefore uses other forms of endorsement by writing by mouth and affidavit. The deed made by the person with disabilities is an authentic deed because the provisions of Article 44 UUJNP can be a substitute for signatures, so the notary deed made by persons with disabilities can function as evidence and are equipped with an affidavit. There is a need for a written rule that states clearly about the procedures for dealing with persons with disabilities in making a deed for the use of affidavit.


Citations (2)


... Kredit macet dapat didefinisikan sebagai kredit yang mengalami kesulitan pembayaran karena faktor kesengajaan atau faktor eksternal yang berada di luar kendali debitur (Budiarto, 2021;Hardiyanti & Aziz, 2021). Kredit macet adalah pinjaman atau pinjaman yang tidak lancar yang debiturnya tidak dapat memenuhi persyaratan yang diperjanjikan, misalnya persyaratan pembayaran bunga, penagihan pokok pinjaman, peningkatan margin deposit, pengikatan dan peningkatan jaminan, dan sebagainya (Puspadma, 2021). Kemacetan kredit adalah suatu hal yang merupakan penyebab kesulitan terhadap bank itu sendiri, yaitu berupa kesulitan terutama yang menyangkut tingkat kesehatan bank, karenanya bank wajib menghindarkan diri dari kredit macet (Wijoyo, 2020). ...

Reference:

EFEKTIVITAS INDIVIDU, KELOMPOK, DAN ORGANISASI TERHADAP PENANGANAN KREDIT MACET PADA MASA PANDEMI COVID-19: (STUDI PADA BPR ARTO MORO SEMARANG)
Non-Performing Loan and How to Solve It
  • Citing Article
  • September 2021

Sociological Jurisprudence Journal

... Furthermore, in the duty of notary shall apply precautionary principle and do legal education in order to avoid disputes in the future. (Putra, Sudini, & Puspadma, 2020) also conducted the similar study with this present study which examine the responsibility of a notary for the drafting of a double number and the legal consequences if a double number occurs in a notarial deed. The results of this study indicated that the notary's responsibility for making a notarial deed with a double number must be accounted for administratively. ...

NOTARY RESPONSIBILITIES ON THE MAKING OF DEED WITH DOUBLE NUMBER

NOTARIIL Jurnal Kenotariatan