Articles
Kepastian Hukum Pemegang Hak atas Tanah dalam Sistem Hukum Pertanahan di Indonesia
I Made Citra Gada Kumara;
I Ketut Kasta Arya Wijaya;
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.2.3.4013.560-563
Land rights certificates still face the possibility of lawsuits from other parties who feel they have rights to the land, so that if it can be legally proven that he is the real owner, the land rights certificate can be canceled. The purpose of this study is to determine the legal certainty of land rights holders in the land law system in Indonesia and the government's efforts to provide legal certainty to land rights holders. The type of research used in this research is normative legal research. Sources of data used are primary and secondary data sources. The technique of collecting legal materials is done by recording, studying and reading legal doctrines related to the legal issues under study. The legal material analysis technique used to process the legal material obtained is by using analytical descriptive data analysis. The results of the study indicate that the evidentiary strength of a certificate of land rights owned by the right holder is basically guaranteed by law because it is written clearly about the types of rights, physical information regarding the land, the burden on the land and legal events that are interconnected with the land. then the data is considered correct
Penyelesaian Kredit Macet di Koperasi Sumber Kasih Desa Tangeb, Kecamatan Mengwi, Kabupaten Badung
I Kadek Nova Astrawan;
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.2.3.4015.570-575
Indonesia is a developing country with various kinds of economic development. Bound by government regulations, the community cannot act arbitrarily and must follow applicable norms. The government in an effort to equalize the welfare of its people creates a forum for community associations to manage their funds or borrow funds to open a business. The purpose of this study is to reveal the legal arrangements for bad loans at KSU Sumber Kasih, Tangeb village and the settlement of bad loans at KSU Sumber Kasih, Tangeb village. This research applies normative research methods. Sources of data used in the form of primary and secondary legal materials. This research was conducted by looking for direct data from the field and through legal science books and connecting with the issues raised and then linking them to the current legislation which was then analyzed systematically. The results of the study reveal that Rural Banks are the government's solution to provide convenience to the community but with terms and conditions in the lending process. Every community who wants to borrow money for certain purposes can be done at BPR, those who want to borrow capital must have collateral which will later be calculated according to the desired loan, but it is not uncommon for bank staff not to think about the amount of collateral used with borrowed funds, this often happens. default
Kewenangan Penyidik Kepolisian dalam Melakukan Penyidikan Tindak Pidana Korupsi
I Putu Edi Rusmana;
I Made Minggu Widyantara;
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.2.3.4018.576-581
Various laws and regulations that were created as a substitute for the previous rules, have not guaranteed success in eradicating corruption in Indonesia. The existence of several laws that regulate the authority and obligations of each law enforcement officer such as the Police, Prosecutors, Judges and the KPK so that it creates a blurring of their authority or there is an overlap of authority granted by the state creates a wrong perception, for example, the police as investigators feel they are authorized to carry out criminal investigations. corruption in addition to prosecutors and the KPK. The purpose of this study is to analyze the regulation of the authority of police investigators in conducting investigations into cases of criminal acts of corruption and what obstacles are faced by police investigators in conducting investigations into criminal acts of corruption. This research is a normative legal research type with a conceptual approach and a statutory approach. The legal sources used are secondary legal materials. The method of collecting legal material sources used in this study is the categorization of legal material sources. The legal materials that have been collected, then during the discussion will be processed and analyzed with legal interpretations and legal arguments, deductively then poured descriptively. The results of the study indicate that there is no cooperation in the form of legislation between police investigators and other law enforcement parties such as the Prosecutor's Office and the KPK, it is necessary to immediately establish a law that regulates clearly and in detail about the authority, cooperation and coordination in conducting criminal investigations. corruption, this needs to be done in order to be more effective and can be realized.
Sanksi Pidana Terhadap Pencurian Ikan (Ilegal Fishing) di Laut Indonesia yang Dilakukan oleh Kapal Asing
I Nyoman Rama Cahyadi Putra;
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.2.3.4024.603-608
Illegal fishing is fishing that is done illegally. The illegal domain is meant because it is contrary to the methods that have been prohibited in the law, both in terms of actions that can damage the sustainability of the fish ecosystem, which in this case is using fishing gear that can damage the condition of the aquatic ecosystem or fishing without having a fishing license which is also the realm of illegal fishing. In criminal acts, some acts are against criminal law. Criminal law is divided into two parts, namely objective criminal law and subjective criminal law. Sentencing is one of the efforts made by the state to change the behavior of a prisoner so that he can change and later return to society to become a better person. This study aimed to examine the regulation of illegal fishing carried out by foreign vessels in Indonesian seas and to reveal criminal sanctions against perpetrators of illegal fishing in the sea carried out by foreign vessels. This research was designed by using normative research with a statutory approach as well as a conceptual approach. The sources of legal materials consisted of primary and secondary legal materials. The collection of legal materials was done by collecting legal materials that were related to the material discussed. The technique of analyzing legal materials used a descriptive analysis system. Of the results of data analysis, it is discovered that fish theft occurs because of fishing without procedures that have been established in Indonesian waters and can be subject to sanctions in the form of imprisonment and fines.
Peran Kantor Desa Blahbatuh dalam Meningkatkan Partisipasi Masyarakat Terhadap Administrasi Kependudukan
Ida Ayu Gede Adi Suandewi;
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.2.3.4025.609-615
To address various problems related to population, the government seeks to obtain accurate population data in Indonesia to be able to make an appropriate mapping to deal with population problems. This study aimed to reveal the role of the Blahbatuh Village Office in increasing community participation in population administration and to explain the factors that influence the low participation of citizens to report population events in Blahbatuh Village. The research method used was empirical law with a field research approach. The main data was obtained through interviews and observations. The analytical model used was qualitative data. The results showed that the role of the Blahbatuh Village Office in increasing community participation in population administration was to provide counseling, to socialize with the community about the importance of Population Administration. Furthermore, prioritizing service to the community based on conscience. The low community participation in population administration reporting is the low community participation in implementing village regulations, and the work system that has not been implemented properly
Tindak Pidana Penyalahgunaan Narkotika oleh Remaja di Kabupaten Gianyar
Luh Ketut Ayu Andayani;
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.2.3.4032.628-632
The increase in the use of narcotics has recently shown a higher number. This creates problems for both the general public and individuals. The actions of drug abusers are very disturbing, starting from the family environment to the surrounding environment. As a result, many children are physically and mentally damaged. Of course, this will greatly affect their future. This study aims to examine the legal regulations for the criminal act of narcotics abuse by adolescents in Gianyar Regency and examine the judge's considerations in imposing criminal sanctions on narcotics abusers in Gianyar Regency. This research was designed using normative legal research with a statutory approach and a conceptual and problem approach. The data used were primary and secondary legal data. The data were obtained through field research using note-taking and documentation techniques. Furthermore, the data were analyzed descriptively qualitatively. The results showed that the application of material criminal law by the judge in case Number 516/Pid.Sus/2015/PN.Mks was fitting with the fulfillment of the elements of Article 127 Paragraph (1) letter a of Law Number 35 of 2009 concerning Narcotics by declaring the defendant legally and convincingly guilty of committing a crime of narcotics abuse. The judge's legal considerations in deciding the case Number 516/Pid.Sus/2015/PN.Mks were appropriate based on normative and sociological juridical considerations and by looking at valid evidence
Pertanggungjawaban Pidana Terhadap Pelaku yang Melakukan Perbuatan Menyuruh Anak sebagai Pengemis
Ni Nyoman Ayu Ratih Ganitri;
I Nyoman Putu Budiartha;
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.2.3.4035.646-650
Children are not only actively involved as beggars, but toddlers are also passively involved, where children under the age of two are carried in pathetic conditions to make other people feel sad and sorry, thus giving them money. This study aims to explain the qualifications of criminal acts of perpetrators who order children as beggars and examine criminal liability for perpetrators who commit acts of ordering children as beggars. This study used a normative legal research method with a problem and conceptual approach. Sources of data used were primary and secondary legal data. Data collection was done through a literature study by taking notes. The results of the study revealed that the act of begging is categorized as a violation of public order as regulated in Article 504 of the Criminal Code. Doing the act of ordering children as beggars can be classified as a crime and also as an act of violation. Everyone is prohibited from exploiting children in any form as regulated in Article 301 of the Criminal Code junto Article 76I and Article 88 of Law no. 35 of 2014 concerning Amendments to Law Number 23 of 2002 concerning Child Protection.
Pelaksanaan Pendaftaran Tanah Sistematis Lengkap di Desa Menanga, Kecamatan Rendang, Kabupaten Karangasem
Nyoman Handytya Wiarsa Putra;
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.2.3.4036.651-657
Complete systematic land registration is a program organized by the government, specifically the "Ministry of Agrarian Affairs and Spatial Planning or Head of the National Land Agency". with the aim of increasing the number of land registrations issuing certificates in Indonesia. This is very important, so it is hoped that the participation of the whole community in the importance of certificates and it is hoped that the National Land Agency will provide socialization about the importance of ownership of land rights. Its application is contained in the Regulation of the Minister of Agrarian Affairs and Spatial Planning or the Head of the National Land Agency of the Republic of Indonesia Number 6 of 2018 concerning Complete Systematic Land Registration. This study aimed to examine the process of implementing a complete systematic land registration and its obstacles and to examine the efforts to implement a complete systematic land registration in the village of Menanga, Rendang District, Karangasem Regency. The method used was empirical legal research. Sources of data used were primary and secondary legal data, then analyzed through interpretation and qualitative techniques. The results showed that the Implementation of Complete Systematic Land Registration in Menanga Village, Rendang District, Karangasem Regency was carried out to achieve legal certainty of land rights ownership. The implementation of this program has not been effective and has not been implemented optimally due to the low participation in the management of land certificates.
Pelepasan Hak atas Tanah bagi Pembangunan untuk Kepentingan Umum PT. Bali Pecatu Graha (Studi Kasus Kerkara Nomor: 65k/pdt/2012/ma)
Wayan Artana;
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.2.3.4038.664-670
Currently, land conflicts that occur are generally caused by conflicts of interest with applicable laws and regulations and often inappropriate compensation. This study aimed to examine the legal arrangements for relinquishing land rights for development in the public interest in Indonesia which refers to Law Number 2 of 2012 and uncover legal protections for relinquishing land rights for development in the public interest of PT. Bali Pecatu Graha. The research method used was descriptive-analytical with a normative juridical approach and qualitative juridical analysis. The data used were primary and secondary legal data obtained through card system techniques. The results of the study indicated that the release of the land refers to Law no. 2 of 2012 and Law no. 5 of 1960. Legal protection for PT. Bali Pecatu Graha due to the act of relinquishing land rights must obtain legal certainty of relinquishment of land rights and requires the availability of written, complete and clear legal instruments that are carried out consistently in accordance with the spirit and content of the provisions so that personal interests get optimal legal protection
Pelaksanaan Ketentuan Penggunaan Tenaga Kerja Asing pada Hotel Area Sanur di Kota Denpasar
Ni Wayan Regina Novyanti;
Anak Agung Sagung Laksmi Dewi;
Luh Putu Suryani
Jurnal Preferensi Hukum Vol. 3 No. 1 (2022): Jurnal Preferensi Hukum
Publisher : Warmadewa Press
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DOI: 10.22225/jph.3.1.4620.31-36
Based on observations at the hotel in the Sanur area, there were several foreign workers working at the hotel before the permit was approved. This study aims to examine the implementation of the provisions on the use of foreign workers and examine the obstacles in implementing the provisions on the use of foreign workers at hotels in the Sanur area. This research method is empirical legal research with a statutory approach. There are two sources of data used, namely primary and secondary legal materials. To obtain valid data, the researchers used observation and interview techniques. Research data that has been collected, processed and analyzed qualitatively descriptive. The results show that special requirements such as foreign workers must have specific skills, companies that guarantee foreign workers must have a permit to employ foreign workers and foreign workers must meet immigration requirements such as passports, visas and KITAS. The use of foreign workers in hotels in the Sanur area of Denpasar City is quite good, but there are obstacles in implementing the provisions for the use of foreign workers in hotels in the Sanur area when foreign workers are needed urgently so that they take a shortcut by extending a Visit Visa when the work visa has expired. The suggestion is that companies in Indonesia should prioritize competent local workers and follow the rules regarding the use of foreign workers.