I Nyoman Sujana’s research while affiliated with Warmadewa University and other places

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Publications (21)


IMPLICATIONS OF INTERFAITH MARRIAGE DIVORCE ON CHILDREN'S CARE RIGHTS IN INDONESIA
  • Article
  • Full-text available

May 2022

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54 Reads

Journal of Public Administration Finance and Law

Putu Ayu Diah LAKSMI DEWI

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I Nyoman SUJANA

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Putu Ayu SRIASIH WESNA

This research is a normative legal research, which concerns the implications of the Divorce Divorce Marriage of Different Religious Against Child Custody. Problem 1). What is the legal protection for interfaith marriages in Indonesia ?, 2). What are the implications of the divorce of interfaith marriages for child custody? The purpose of this study was to determine the implications of divorce between different religions for child custody. The benefit of this research is to provide input for the government to take a policy and provide knowledge to the public about interfaith marriages. Results of the discussion: 1). Based on article 35 of the Population Administration Act of interfaith marriages can be recorded based on the determination of the Court as long as it does not violate legal norms and norms of decency, because the Marriage Act does not mention that interfaith marriages are prohibited. 2). If no agreement is found, the court will decide who has the right to obtain custody of the child. Conclusions: 1). Interfaith marriages can be recorded if based on the determination of the court in accordance with the provisions of the Law on State Administration article 35 letter a. 2). Child custody of a minor falls to the care of his mother, as long as the mother has never been proven guilty in court. While a child who is capable of law can choose between his father or mother as the holder of the right to care.

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IMPLICATIONS OF INTERFAITH MARRIAGE DIVORCE ON CHILDREN'S CARE RIGHTS IN INDONESIA

March 2022

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34 Reads

The Journal of International Legal Communication

This research is a normative legal research, which concerns the implications of the Divorce Divorce Marriage of Different Religious Against Child Custody. Problem 1). What is the legal protection for interfaith marriages in Indonesia ? 2). What are the implications of the divorce of interfaith marriages for child custody? The purpose of this study was to determine the implications of divorce between different religions for child custody. The benefit of this research is to provide input for the government to take a policy and provide knowledge to the public about interfaith marriages. Results of the discussion: 1). Based on article 35 of the Population Administration Act of interfaith marriages can be recorded based on the determination of the Court as long as it does not violate legal norms and norms of decency, because the Marriage Act does not mention that interfaith marriages are prohibited. 2). If no agreement is found, the court will decide who has the right to obtain custody of the child. Conclusions: 1). Interfaith marriages can be recorded if based on the determination of the court in accordance with the provisions of the Law on State Administration article 35 letter a. 2). Child custody of a minor falls to the care of his mother, as long as the mother has never been proven guilty in court. While a child who is capable of law can choose between his father or mother as the holder of the right to care.


Board of Directors’ Responsibility for Activities of A Limited Liability which Having No Legal Entity Status

March 2022

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6 Reads

Jurnal Akta

The aim of this study is to find and analyzes the responsibility of Board of Directors of a Limited Liability Company (PT) operated the company and entered into legal relationship with third parties on behalf of the company when the company has not legally obtained the status of a legal entity. The focus study since business practice is always encountered with competition among entrepreneurs in the effort to gain profit in various unhealthy ways, thus it results in violations of laws and regulations. The research method was used was a normative legal study with a statutory, conceptual and analytical approach. The results of the study show that legal actions on behalf of the Company that has not obtained the status of a legal entity may only be carried out by all members of the Board of Directors together with the founders and members of Board of Commissioners of the Company. The novelty showed that every company need responsible for the company's damages or losses suffered by third parties having legal relationship with the company. Included for unlimited and mutual responsibility (jointly and severally). The actions of board of directors having exceeded their authority specified in the articles of association of the company, resulting in losses for the company shall not be considered as an action of the company. This loss will be the full responsibility of Board of Directors, as the limited liability company will turn into an unlimited liability.


Legal Accountability of a Sole Director in Micro and Small Limited Liability Company

March 2022

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23 Reads

Journal Research of Social Science Economics and Management

There is a need to investigate the regulation of legal accountability of a Sole Director who is also the founder of the company in a micro and small Limited Liability company based on Article 153 letter J of the Job Creation Law, because of the possibility of an ill-intentioned Director trying to protect his/her personal assets and assuming liability only for the shares he owns. Based on the aforementioned background, the problems in this study can be formulated as follow: 1. How is the accountability of a Sole Directors in a micro or small Limited Liability company regulated? and 2. What is the form of legal accountability for the sole Director in a micro and small Limited Liability company? The type of legal research used in this study is normative juridical research. The form of legal liability of a Sole Director in a micro or small Limited Liability company is closely linked to the principle of limited liability of the Board of Directors. If the requirement of having 2 (two) persons is not met, it will result in the limited accountability of the Limited Liability company becoming unlimited accountability. Unlimited accountability means that all legal actions and losses of the Limited Liability company become the personal liability of the founder or shareholder.


Legal Accountability of a Sole Director in Micro and Small Limited Liability Company

March 2022

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18 Reads

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1 Citation

Journal Research of Social Science Economics and Management

There is a need to investigate the regulation of legal accountability of a Sole Director who is also the founder of the company in a micro and small Limited Liability company based on Article 153 letter J of the Job Creation Law, because of the possibility of an ill-intentioned Director trying to protect his/her personal assets and assuming liability only for the shares he owns. Based on the aforementioned background, the problems in this study can be formulated as follow: 1. How is the accountability of a Sole Directors in a micro or small Limited Liability company regulated? and 2. What is the form of legal accountability for the sole Director in a micro and small Limited Liability company? The type of legal research used in this study is normative juridical research. The form of legal liability of a Sole Director in a micro or small Limited Liability company is closely linked to the principle of limited liability of the Board of Directors. If the requirement of having 2 (two) persons is not met, it will result in the limited accountability of the Limited Liability company becoming unlimited accountability. Unlimited accountability means that all legal actions and losses of the Limited Liability company become the personal liability of the founder or shareholder.



THE POSITION OF MULIH DAHA WOMEN IN INSTRUCTION AFTER DIVORCE IN PENARUNGAN VILLAGE, BADUNG, BALI

December 2021

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23 Reads

NOTARIIL Jurnal Kenotariatan

The Balinese customary law community recognizes kepurusa system; the status of boys is steady, while the status of girls changes, because women after marriage follow their husbands. On that basis, daughters in kepurusa system are never traced or taken into account in inheritance. The purpose of this study is to examine the legal status and the legal position of mulih daha woman in Penarungan Village, Mengwi, Badung, Bali. The method used in this study is an empirical method. Furthermore, this study was carried out by means of field studies, namely by conducting field observations and interviews with respondents and informants. Based on the analysis, the results of this study showed that the legal status of mulih daha woman is received through a procedure with acceptance by the family on a scale and a niskala ceremony is carried out, namely arranging piuning or notification to the ancestral gods that with a divorce from her husband, her daughter has returned to her parents and ask to be accepted back as a damuh or part of her parents' ancestral family so that she can be held accountable again one day when the woman experiences something related to banjar. The legal position of mulih daha women in inheritance is related to the kinship system adopted by the Hindu community in Bali, namely the patrilineal system (fatherhood) where only boys have the right to inherit while girls have no right to inherit but girls can only enjoy the property.


Implementation of Regional Regulation of Tabanan Regency Number 11 of 2018 Concerning Tourism Village Related to Increasing Investment Interest in Tabanan Regency

October 2021

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7 Reads

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2 Citations

JURNAL HUKUM PRASADA

Tourism that developed in Bali is an important sector for Tabanan Regency in increasing its tourism assets. Formation of Tabanan Regency Regulation No. 11 of 2018 concerning Tourism Villages is a legal umbrella that is expected to be able to increase investment interest in Tabanan Regency. The purpose of this study is to examine the regional regulation of Tabanan regency number 11 of 2018 concerning tourism villages related to increased investment interest in Tabanan regency and to examine the effectiveness of local regulation of Tabanan regency number 11 year 2018 regarding tourism villages related to increased investment interest in Tabanan regency. Furthermore, the method used in this study is empirical legal research method, meanwhile, a sociology approach is an approach used in this study. The results obtained from the study are that the implementation of Tabanan Regency Regulation Number 11 Year 2018 concerning Tourism Villages has been systematic, involving the role of regional apparatus and the community; and Tabanan Regency Regulation Number 11 Year 2018 regarding Tourism Villages related to increased investment interest has not been effective because there are still many obstacles and obstacles found.


LEGAL FORCE OF INHERITANCE CERTIFICATES ISSUED BY THE VILLAGE HEAD AS THE BASIS FOR OBTAINING THE OWNERSHIP RIGHT TO LAND (IN BLIMBINGSARI VILLAGE, JEMBRANA REGENCY, BALI PROVINCE)

June 2021

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21 Reads

NOTARIIL Jurnal Kenotariatan

This study examines the existence of the Bali customary law for the transfer of land rights in Blimbingsari Village, and examines function of the Inheritance Certificate for the transfer of rights to land through inheritance. The research method used in this study is an empirical law research. In this case the research uses empirical legal research conducted in Blimbingsari Village, Jembrana Regency. The results showed that the inheritance law that applies to Christian Balinese tribes in Blimbingsari Village, Jembrana, Bali is receptive to Balinese customary inheritance laws which should only be used for Hindus. In its implementation, it is not the Hindu religious law that was received by the Blimbingsari Village community but the Balinese customary inheritance law that was received. Moreover, legal force of a Certificate of Inheritance issued by the village head for the Christian Balinese community in Blimbingsari Village, Jembrana, Bali can be used as a basis in the transfer of ownership rights to the land for the heirs.


Implementasi Peraturan Daerah Provinsi Bali Nomor 16 Tahun 2009 Tentang Rencana Tata Ruang Wilayah Provinsi dalam Penguasaan dan Pemanfaatan Wilayah Pesisir

October 2020

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5 Reads

Jurnal Konstruksi Hukum

This research aims to analyze the implementation of local regulations regarding Bali province Number of 16 2009 about Spatial Plan Area of Bali in the mastery and the utilization of the coastal area associated with mastery and authority utilization over the coastal areas as well as analyzing the related strategies of mastery and the utilization of the coastal area. The type of research used in the form of empirical legal research, using the approach the approach to legislation, a legal concept analysis approach, the approach of anthropological approach and the case law. The data source of this research was obtained from primary data and secondary data, collected with the stages through the interview techniques and engineering studies and subsequent documents processed and analyzed qualitatively with systematic way, classified in the pattern and themes, classified, connected between each other, to understand the significance of data interpretation in social situations, and the interpretation of the overall data quality. Research results show that the authority of the mastery and the utilization of the coastal area after the passage of the ACT Government is the authority of the Central Government and the regional Government of the province which is practically given delegates to the district/city Governments overseeing the mastery and its utilization by local community. Setting against the mastery and the utilization of the coastal area of Bali should be established with local regulations, and as it is known that these provisions (RZWP3K settings) are still in the drafting stage so that the top recommendations submission of mastery and the utilization of the coastal area in the province of Bali has yet to be implemented effectively.


Citations (1)


... Printed promotions have simplistic reach while in-person inquiries and purchases are time-consuming. With tourists increasingly expecting online convenience and seamless user experiences bridging online and offline channels, the disconnect hinders enterprises [5]. Ultimately, failing to leverage internet technologies significantly impedes their competitiveness, growth and development. ...

Reference:

Exploring Innovative Approaches to Regional Tourism Service Models in the Context of Internet Plus
Implementation of Regional Regulation of Tabanan Regency Number 11 of 2018 Concerning Tourism Village Related to Increasing Investment Interest in Tabanan Regency

JURNAL HUKUM PRASADA