Articles
Perlindungan Hukum terhadap Anak Penyandang Disabilitas sebagai Korban Kekerasan Seksual
Nadila Purnama Sari;
Anak Agung Sagung Laksmi Dewi;
Luh Putu Suryani
Jurnal Preferensi Hukum Vol. 2 No. 2 (2021): Jurnal Preferensi Hukum
Publisher : Warmadewa Press
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DOI: 10.22225/jph.2.2.3338.359-364
Children with disabilities are often the main targets to be victims of criminals, discrimination and sexual violence. The following can be seen from the increase in criminal cases against women and children with disabilities which from year to year tends to increase. The purpose of this study is to determine the legal protection of children with disabilities as victims of sexual violence and criminal sanctions against perpetrators of sexual violence against children with disabilities. The method used is a normative method along with statutory and conceptual approaches. The results of the study show that legal protection for children as victims of sexual violence is contained in article 1 paragraph (2) of Law no. 35 of 2014 concerning child protection, namely so that the child gets protection and his rights as a child. Criminal sanctions for perpetrators of sexual violence against persons with disabilities exist in positive law in Indonesia. The criminal act of rape is contained in Articles 285 to 288 of the Criminal Code. Violence against children with disabilities there is no law that specifically regulates it but in VU No. 35 of 2014 concerning Child Protection in Article 290 paragraph (1) is threatened with approximately 7 years of imprisonment.
Perlindungan Hukum Atas Hak Kekayaan Intelektual Karya Seni Musik Gamelan Bali
Anak Agung Ayu Gayatri;
Anak Agung Sagung Laksmi Dewi;
Luh Putu Suryani
Jurnal Preferensi Hukum Vol. 2 No. 2 (2021): Jurnal Preferensi Hukum
Publisher : Warmadewa Press
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DOI: 10.22225/jph.2.2.3340.371-376
Indonesia has a variety of traditional arts, one of which is Balinese gamelan music, along with the development of times as well as technology and the internet, a Balinese gamelan music art is easy for the public to enjoy but is prone to copyright infringement. The Balinese gamelan is a traditional Balinese musical instrument that has a unique sound which is then developed and preserved by Balinese artists in anticipation of the occurrence of sengkera, and to obtain legal certainty for creators of Balinese gamelan music in their work. The purpose of this study is to determine the legal arrangements for the intellectual property rights of Balinese gamelan music and to know the legal protection of intellectual property rights of Balinese gamelan music. By using normative research methods. Intellectual Property Rights consist of copyrights regulated in Law No.28 of 2014 concerning Copyright which regulates protected works, traditional cultural expressions, and law enforcement efforts through civil suits, criminal charges, arbitration and legal remedies and criminal sanctions. It is better if the Copyright Law regulates traditional music works of art in more detail and is developed by examining legal violations that occur through technological sophistication both domestically and abroad.
Perlindungan Hukum Bagi Konsumen atas Penjualan Produk Obrak Online
Dewa Gede Widya Swastika;
Anak Agung Sagung Laksmi Dewi;
Luh Putu Suryani
Jurnal Preferensi Hukum Vol. 2 No. 2 (2021): Jurnal Preferensi Hukum
Publisher : Warmadewa Press
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DOI: 10.22225/jph.2.2.3343.388-393
Indonesia is a developing country which one of the aspects that greatly influence its development is in the field of economy, in this case covering the field of trade. The existence of free trade is not little among businesses conducting unhealthy competition, especially for traded products. This research discusses two problem namely first, how the legal protection for consumers against the sale of online sale products without clear information and secondly, how are business actors responsible for consumers who experience losses due to online sale product purchases. Normative research is a type of research used in this study using a statutory approach. With this phenomenon it is impossible for people to be separated from the influence of business and as a consequence, society is the consumer who is the target of the producers. the lack of knowledge of the consumer community regarding their rights and obligations, it is necessary to further socialize the various provisions in Law Number 8 of 1999 concerning Consumer Protection. So that it is hoped that it can increase awareness, knowledge and independence of consumers to protect their interests, which in turn can foster an honest and responsible attitude of business actors, especially in terms of selling products through social media or online.
Pertanggungjawaban Pidana Terhadap Penyalahgunaan Visa Tinggal Wisatawan China di Kabupaten Badung
Hery Sudiarto;
Anak Agung Sagung Laksmi Dewi;
Luh Putu Suryani
Jurnal Preferensi Hukum Vol. 2 No. 2 (2021): Jurnal Preferensi Hukum
Publisher : Warmadewa Press
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DOI: 10.22225/jph.2.2.3349.405-410
Sebelum pandemi Covid-19 Turis China masuk urutan 2 (dua) besar yang mengunjungi Pulau Bali, keimigrasian Kabupaten Badung berperan penting dalarn pelayanan dan pengawasan terhadap turis- turis asing yang datang ke Bali, terjadinya berbagai penyalahgunaan Visa oleh ruris China juga marak terjadi sejak adanya kebijakan bebas Visa sehingga tidak semua mumi adalah turis namun juga ada sebagian yang memanfaatkan untuk bekerja, usaha ilegal, tindak pidana penipuan, perlu kita memahami pengaturan Hukum pertanggungjawaban pidana terhadap Penyalahgunaan Visa Tinggal Wisatawan China dan sanksi pidana terhadap Petugas Imigrasi yang melakukan Penyalahgunaan Visa, dengan demikian akan menambah pengetahuan, edukasi dan sumbangan pemikiran bagi semua lapisan masyarakat dan pemerintah terkait, peneli tian ini merupakan penelitian hukum normatif, Hukum keimigrasian telah mengatur sanksi-sanksi terhadap turis asing yang melakukan pelanggaran visa juga sanksi administratifhingga pidana terhadap petugas imigrasi yang melanggar, perlunya pengawasan kinerja petugas keimgrasian, integrasi sistim lacak digital terintegrasi terhadap semua warga asing yang masuk ke Bali sehingga kedaulatan Negara terjaga dengan baik.
Tinjauan Yuridis Terhadap Tindak Pidana Pemalsuan Uang Kertas Rupiah di Indonesia
Dinda Dian Pratiwi;
I Nyoman Gede Sugiartha;
Luh Putu Suryani
Jurnal Preferensi Hukum Vol. 2 No. 3 (2021): Jurnal Preferensi Hukum
Publisher : Warmadewa Press
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DOI: 10.22225/jph.2.3.3978.442-446
Humans need money to be able to meet their needs. Money has a very important role, this causes some people to try to have money in a way that is against the law. With the help of science and technology, it can make it easier for humans to do counterfeiting rupiah banknotes. The purpose of this research is to reveal the regulation of the criminal act of counterfeiting rupiah banknotes in Indonesia and criminal sanctions against the criminal act of counterfeiting rupiah banknotes in Indonesia. The type of research is normative legal research with a conceptual approach that is outlined descriptively with legal arguments. The collection of legal materials is done by means of a literature research. Sources of data used are primary, secondary and tertiary sources of legal material and analyzed systematically. The results of the research reveal that the regulation of criminal acts of counterfeiting rupiah banknotes in Indonesia is regulated in Article 11 of Law Number 7 of 2011 concerning Currency concerning Bank Indonesia is an institution authorized to manage rupiah currency and Article 26 paragraph (1) of Law Number 7 The year 2011 concerning Currency regulates the prohibition against counterfeiting rupiah currency. In addition, it is regulated in Article 244 of the Criminal Code which prohibits criminal acts of counterfeiting money, if violated, sanctions will be imposed according to applicable regulations. Criminal sanctions for counterfeiting rupiah banknotes in Indonesia are contained in Article 36 paragraph (1) of Law Number 7 of 2011 concerning Currency and Article 244 of the Criminal Code
Sanksi Pidana Bagi Pelaku Penimbun Masker Selama Masa Pandemi Covid-19
Kadek Wahyu Juniarta;
Anak Agung Sagung Laksmi Dewi;
Luh Putu Suryani
Jurnal Preferensi Hukum Vol. 2 No. 3 (2021): Jurnal Preferensi Hukum
Publisher : Warmadewa Press
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DOI: 10.22225/jph.2.3.3979.447-453
Hoarding is an activity of collecting goods so that they become scarce in the market and are sold at high prices. During the COVID-19 pandemic, people really need masks, but people who don't have empathy for their fellow citizens hoard masks so that they become scarce and the price becomes expensive. The purpose of this study is to reveal the legal arrangements against the perpetrators of hoarding masks during the COVID-19 pandemic and criminal sanctions against those who hoard masks during the COVID-19 pandemic. In this study using a statutory approach and a conceptual approach. Sources of legal materials applied are primary legal materials and secondary legal materials. the technique in collecting legal materials used is a literature study technique which is then analyzed systematically. The results of the study indicate that criminal sanctions against perpetrators of hoarding masks are based on Article 107 of Law Number 7 of 2014 with a maximum imprisonment of 5 years or a maximum fine of Rp. 50,000,000,000.00. In Law Number 5 of 1999 sanctions can also be imposed, in the form of administrative sanctions, basic criminal sanctions, additional criminal sanctions. The government must be able to provide appropriate sanctions for the perpetrators of hoarding masks because they have violated and threatened the interests of the community.
Pengenaan Pajak Penghasilan (PPH) atas Peralihan Hak atas Tanah atau Bangunan
I Ketut Gede Purnayasa;
Ida Ayu Putu Widiati;
Luh Putu Suryani
Jurnal Preferensi Hukum Vol. 2 No. 3 (2021): Jurnal Preferensi Hukum
Publisher : Warmadewa Press
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DOI: 10.22225/jph.2.3.3994.519-524
The imposition of income tax on land and buildings is the imposition of tax with applicable provisions and is carried out by individuals or legal entities. The purpose of this study is to reveal the regulation regarding the imposition of income tax on the transfer of rights to land and or buildings and the mechanism for imposing income tax on the transfer of rights to land and or buildings. The research method used is normative legal research with a statutory approach and a conceptual approach. The sources of legal materials used are primary, secondary and tertiary sources of legal materials. The materials that have been obtained are then analyzed using qualitative analysis techniques where the assessment is carried out deductively, in order to produce data that is descriptive analytical. The results of the study reveal that the regulation regarding the imposition of income tax on land and buildings is carried out in accordance with the provisions in Article 4 paragraph (2) letter (d) of the Income Tax Law, in which the imposition of taxes is absolute. On this basis, the imposition of income tax including the nature, amount and procedure for its payment, as well as its withholding and collection is regulated by PP. 71 Year 2008. And the mechanism of imposition of taxes has been regulated in PP no. 34 of 2016 especially in article 2 paragraph (1).
Tinjauan Yuridis atas Tindak Pidana Pencemaran Nama Baik Terhadap Institusi Negara
I Nyoman Surya Natha;
Anak Agung Sagung Laksmi Dewi;
Luh Putu Suryani
Jurnal Preferensi Hukum Vol. 2 No. 3 (2021): Jurnal Preferensi Hukum
Publisher : Warmadewa Press
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DOI: 10.22225/jph.2.3.3997.536-542
Defamation often occurs in the real world and online. Basically the law on defamation has been regulated and formulated in Article 310 of the Criminal Code which consists of 3 (three) paragraphs. It is contained in Article 27 paragraph (3) of Law Number 19 of 2016 concerning Amendments to Law Number 11 of 2008 concerning Information and Electronic Transactions (UU ITE). However, in this case, it is necessary to hold strict sanctions in order to overcome defamation of state institutions or institutions. The purpose of this research is to reveal the application of law to the Criminal Acts of Blasphemy against State institutions and the judge's legal considerations on Decision Number 117/Pid.Sus /2020/PN Kka. This research is a normative research with legislation approach. The sources of legal materials used are primary, secondary and tertiary sources of legal materials. The technique of collecting legal materials is done by studying literature which is then analyzed systematically. The results of the study revealed that the judge's legal considerations against Decision Number 117/Pid.Sus/2020/PN Kka which stated that the Defendant Sumarni Alias Arni Binti Daso was legally and convincingly proven guilty of committing a criminal act intentionally and without the right to transmit and/or make it accessible. electronic information that contains defamation, as regulated and threatened with criminality in Article 45 paragraph (3) of the Law of the Republic of Indonesia Number 19 of 2016 concerning Amendments to Law of the Republic of Indonesia Number 11 of 2008 concerning Information and Electronic Transactions in the Indictment Sole Prosecutor.
Perlindungan Hukum bagi Pekerja Akibat Pemutusan Hubungan Kerja pada Masa Pandemi Covid-19
Eggy Septyadi Silaban;
Desak Geded Dwi Arini;
Luh Putu Suryani
Jurnal Preferensi Hukum Vol. 2 No. 3 (2021): Jurnal Preferensi Hukum
Publisher : Warmadewa Press
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DOI: 10.22225/jph.2.3.3998.543-547
Currently, any part of the world is facing a virus called Covid-19. Since the emergence of this case, all access has been hampered, especially in the economic field. Increasing unemployment is one of the current problems, for that we need a legal protection to ensure life for workers during this pandemic. The purpose of this study to analyze. Arrangements for termination of employment for workers due to the COVID-19 pandemic as well as legal protection for workers due to termination of employment due to the COVID-19 pandemic. This research is a type of normative legal writing with a conceptual approach and legislation. Sources of data used in the form of secondary and primary data sources. Data collection techniques by classifying primary legal materials with secondary legal materials as research support. The analysis of legal materials obtained by qualitative analysis. The results of the study indicate that Termination of Employment has a negative impact on workers because they lose their jobs so that it also has an impact on increasing the poverty level of the Indonesian people. Because the emergence of PSBB regulations from the government of course makes the space for work narrower and layoffs are increasingly prevalent, therefore the regulation of Law no. 13 of 2003 concerning Manpower and also the role of the government is very important to overcome the occurrence of layoffs that are not in accordance with the laws and regulations. The legal protection is divided into 2 things, namely preventive legal protection and repressive legal protection.
Pengaturan dan Penegakan Hukum Pedagang Kaki Lima di Kota Denpasar
I Ketut Cahaya Rai Siwi;
I Wayan Arthanaya;
Luh Putu Suryani
Jurnal Preferensi Hukum Vol. 2 No. 3 (2021): Jurnal Preferensi Hukum
Publisher : Warmadewa Press
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DOI: 10.22225/jph.2.3.4000.553-559
Although unlike big cities in Indonesia where the control of street vendors (PKL) is much highlighted by the local government to maintain cleanliness and public order, Denpasar City should start taking into account the presence of street vendors (PKL). For this reason, it is very important to regulate, organize and enforce the law for street vendors (PKL) so that there is order and firmness in its implementation. The purpose of this study is to analyze the regulation of street vendors in Denpasar City and the law enforcement of street vendors in Denpasar City. The type of research used in this research is normative legal research using primary and secondary legal materials. The collection of legal materials is done by reading, researching, understanding and analyzing books or literature, legal provisions, essays, magazines or other forms of information which are then analyzed systematically. The results of the study indicate that the regulation of street vendors in Denpasar City is regulated in the Denpasar City Regulation Number 2 of 2015 concerning PKL. The scope of regulation includes structuring and empowering street vendors. Law enforcement for street vendors includes Preventive Efforts which include providing suggestions or solutions to find vacant land owned by residents who have not been utilized, Counseling by Satpol PP officers. Repressive efforts include actions to stop violations of regional regulations in addition to waiting for the leadership's decision, in this case the mayor's decision and violators of regional regulations to be investigated directly by the PPNS for further processing in the Minor Crime Court