Articles
Kedudukan Hukum Perjanjian Kredit dalam Hal Objek Jaminan Fidusia Musnah
I Gusti Agung Mas Cahyani Dewi;
Anak Agung Sagung Laksmi Dewi;
Ni Made Puspasutari Ujianti
Jurnal Preferensi Hukum Vol. 1 No. 1 (2020): Jurnal Preferensi Hukum
Publisher : Warmadewa Press
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DOI: 10.22225/jph.1.1.2166.228-233
Crediting activities can be carried out by anyone who has the ability to initiate a loan agreement between the creditor / creditor and the recipient of the loan / debtor, this is regulated in article 8 of the Banking Act. This study aims to analyze the legal position in the credit agreement if the fiduciary collateral object is destroyed, and analyze efforts to resolve disputes due to the destruction of the fiduciary collateral object. The method used is an empirical method with the approach of legal sociology. The results showed that the legal position of the credit agreement if the fiduciary collateral object was destroyed either in the case that the object became the object had been insured or not insured by the owner of the object. The credit agreement remains and the debtor remains responsible for paying off the debt. With this situation, the creditor will turn into a concurrent creditor. Furthermore, in resolving disputes the destruction of fiduciary collateral objects, there are two ways, namely, if the object used as fiduciary collateral object by the debtor in a credit agreement is insured, the creditor can claim insurance for the collateralized object. Whereas if the object which is used as collateral has not been insured in this case the creditor has issued a credit and is taking care of the object's insurance, an undesirable event occurs by the debtor and the creditor, namely the destruction of the object used as collateral. Then the debtor must be held responsible by replacing the items pledged with new objects owned by the debtor and the selling price is the same as the credit issued by the creditor.
Perlindungan Hukum terhadap Data Pribadi Pengguna Jasa Transportasi Online
I Gusti Dama Galang Devara;
Anak Agung Sagung Laksmi Dewi;
Ni Made Puspasutari Ujianti
Jurnal Preferensi Hukum Vol. 1 No. 1 (2020): Jurnal Preferensi Hukum
Publisher : Warmadewa Press
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DOI: 10.22225/jph.1.1.2259.1-7
Technological developments have brought an impact on all community activities, one of which is the emersion of online transportation services such as those provided by Gojek, Grab, Uber, and others which do not only provide the services of riding but also the services of the delivery of goods, food and others. Using online transportation services requires users to download the application and register themselves. However, the personal data of the service users are often misused by drivers for certain reasons and purposes. To overcome and anticipate this, a strict legal regulation appearing as the legal umbrella to protect each online transportation user from misuse of their personal data by the driver is necessary. This study examines the forms of legal protection for users of online transportation services. Conducted in the design of normative legal research, the study makes use of articles and paragraphs of the laws on transportation and several other related laws. The results of the study indicate that legal protection for users of online transportation services from misuse of their personal data takes the form of repressive legal protection. Online transportation service users are permitted to file a civil suit to the online transportation service provider and to file a direct criminal suit regarding the acts of the driver, not on behalf of the online transportation service provider. Efforts to resolve the dispute-causing acts of misuse of personal data of online transportation service users can be made through deliberations, arbitration and courts. The three forms of settlement are in accordance with Article 45 Paragraph (1), (2) of the Indonesian Basic Agrarian Law and Article 6 of the Arbitration Law. Regarding the act of arbitrary canceling the use of online transportation services by service users appears a crucially urgent object to be studied from a legal perspective in the next studies.
Upaya Paksa terhadap Pejabat yang Tidak Melakukan Putusan Pengadilan Tata Usaha Negara Denpasar
I Wayan Dedy Cahya Pratama;
Anak Agung Sagung Laksmi Dewi;
Luh Putu Suryani
Jurnal Preferensi Hukum Vol. 1 No. 2 (2020): Jurnal Preferensi Hukum
Publisher : Warmadewa Press
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DOI: 10.22225/jph.1.2.2352.145-149
The discussion in the writing of this thesis is a problem related to forced efforts as regulated in article 116 where in this article forced efforts (Dwangsom) are regulated. The purpose of implementing compulsory measures so that the decisions issued are carried out by those concerned. This study aims to determine the mechanism of forced attempts to officials who do not carry out the TUN Judicial Decision and to find out the obstacles to forced attempts against the TUN Judicial Decision. Normative legal research is used as a research method, which is a stage to find legal regulations, legal principles in order to answer the contents of the law in this thesis with a statutory approach, legal theory and a conceptual approach. Primary and secondary sources of legal materials are then analyzed to obtain conclusions and suggestions. The results showed that the efforts to force the decision, namely Dwangsom and administrative sanctions at the PTUN which had been incracht could not be implemented optimally. The obstacle in forced efforts related to the execution of the PTUN Decision is that there is no special agency tasked with implementing the decision, therefore the government has revised the PTUN Law and provisions relating to Forced Efforts issued by the Supreme Court so that it can be applied by the PTUN judge so that it can be applied and implemented optimally.
Jaksa Selaku Eksekutor dalam Putusan Pengadilan Tindak Pidana Pembunuhan
I Wayan Edi Kurniawan;
Anak Agung Sagung Laksmi Dewi;
I Made Minggu Widyantara
Jurnal Preferensi Hukum Vol. 1 No. 2 (2020): Jurnal Preferensi Hukum
Publisher : Warmadewa Press
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DOI: 10.22225/jph.1.2.2353.154-158
Enforcement of the criminal justice system in Indonesia can also be carried out by implementing court decisions that have permanent legal force. The party that has the authority to implement the judge's decision is the prosecutor. In the contents of the criminal decision, the prosecutor's office has the authority to immediately carry out the execution in accordance with the Criminal Procedure Code. This study aims to determine the authority of the prosecutor in carrying out the execution, and to determine the execution mechanism for the crime of murder. This research uses normative methods, statutory approaches, conceptual approaches, primary legal materials, secondary legal materials, tertiary legal materials, document studies, literature studies, internet studies and analysis of legal interpretations, and descriptive analysis. The only executing agency in the State of Indonesia is the Attorney General's Office of the Republic of Indonesia. The meaning of executor is the party who has the authority to carry out court decisions based on the applicable law. The results showed that in carrying out court decisions, the prosecutor's office had duties and functions, one of which was as an executor as well as a general prosecutor. A decision that can be executed is only one that has permanent legal force and there are no more legal remedies. Prosecutors as law enforcement officers in carrying out their duties must be based on the applicable legal rules. Do not let the prosecutor violate rules that are not under their authority. Law enforcement officials who carry out executions must carry out the execution as quickly as possible and no criminal offender is executed late.
Fungsi Lembaga Pemasyarakatan dalam Melaksanakan Pembinaan terhadap Warga Binaan Pemasyarakatan (WBP) (di Lembaga Pemasyarakatan Perempuan Kelas II A Denpasar)
I Wayan Kevin Mahatya Pratama;
Anak Agung Sagung Laksmi Dewi;
I Made Minggu Widyantara
Jurnal Preferensi Hukum Vol. 2 No. 1 (2021): Jurnal Preferensi Hukum
Publisher : Warmadewa Press
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DOI: 10.22225/jph.2.1.2813.166-171
Correctional in its system is useful for preparing convicted people in prisons to integrate normally and be accepted in society again. Merging normally again means restoring the relationship between the convicted or often referred to as Correctional Assistance and the community. The Penitentiary is a place for the Community Assisted to serve their sentence. This study aims to determine the function of prisons in carrying out coaching for Correctional Assistance and to analyze the form and benefits of the guidance program for Correctional Assistance held at Class II-A Denpasar Women's Penitentiary. This research uses normative legal research methods. The data obtained through direct observation in the field. The results showed that in the Guidance Program of the Correctional Institution, especially the location of this research, was held, namely the Class IIA Denpasar Women's Penitentiary, which has collaborated with government agencies, private foundations, and community organizations engaged in the field of women in providing guidance as well as promoting the work of prisoners or residents. Correctional Assistance. In addition, the Class IIA Denpasar Women's Penitentiary held and participated in several exhibitions of the work of the Community Assisted Citizens. This activity aims to introduce the work of the Community Assisted Citizens to the community and make it clear that the Correctional Institution guides or fosters Prisoners to be able to work and be able to contribute to society when they finish serving their sentence.
Analisis Yuridis Pertanggungjawaban Pidana Terhadap Anak Sebagai Pelaku Tindak Pidana Penyalahgunaan Narkotika (Studi Penetapan Nomor. 22/Pid.Sus- Anak/2016/Pn.DPS)
Utari Paramita Devi;
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.2.2.3290.213-217
Currently, Indonesia is in a state of emergency on drugs because its abuse is widespread in society, starting from size, class, and age. Drug abuse is not only done by the adult class but also by minors, it damages the mental and soul of the generation. The Indonesian government has passed a law related to the protection of minors who are victims of Narcotics abuse based on Law no. 35/2014 on PA. This study examines criminal sanctions against criminal acts of child participation as narcotics abuse and analyzes judges' considerations in deciding cases in determining sanctions based on Number. 22 / Pid.Sus Anak / 2016 / PN Dps. This study employed normative research, with a statutory perspective. Sources of data were primary and secondary legal materials obtained through interviews, reading, and examining legal theories related to the problem being researched. After all, data was collected, it was analyzed descriptively qualitatively. The results of the research showed that the criminal sanctions imposed on the involvement of children as drug abusers must be aimed at improving themselves, and the judge's consideration in deciding this case was by taking into account the provisions of Article 12, Article 52 paragraph 5 of Law no. 11/2012 concerning SPPA.
Penyalahgunaan Perbincangan Interaktif dalam Aplikasi Bigo Live sebagai Media Komunikasi yang Bermuatan Tindak Pidana Pornografi
Kadek Indra Prayogi;
Anak Agung Sagung Laksmi Dewi;
I Made Minggu Widyantara
Jurnal Preferensi Hukum Vol. 2 No. 2 (2021): Jurnal Preferensi Hukum
Publisher : Warmadewa Press
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DOI: 10.22225/jph.2.2.3314.233-236
Developments in Information Technology have contributed greatly to the evolution of the world. The era also influences the lifestyle of people, including crime, for example, the pornography crime in Bigo Live. The problems are I) How is the legal arrangement for interactive conversations in the Bigo live application in relation to the enactment of the pornography law? and 2) What is the punishment for misuse of the Bigolive application as a media communication that contains pornography? The purpose of this research is to find out the legal arrangements for the crime of pornography in the Bigo live application in Indonesia as well as to find out criminal sanctions against criminal acts of misusing the Bigo live. The method used is the normative method. The statutory regulations that are used as references in solving criminal cases of abuse of the Bigo live application are article 282 paragraph (I) of the Criminal Code, the !TE Law in article 27 paragraph (I) jo 45 paragraph (I), and 4 paragraph (I), 29, 31, and 32 in Pornography Law.
Pelaksanaan Pemberian Pembebasan Bersyarat (Pb) pada Warga Binaan di Rumah Tahanan Negara Kelas II b Gianyar pada Masa Pandemi Covid 19
I Made Irvan Ariansyah Putra;
Anak Agung Sagung Laksmi Dewi;
Ni Made Sukaryati Karma
Jurnal Preferensi Hukum Vol. 2 No. 2 (2021): Jurnal Preferensi Hukum
Publisher : Warmadewa Press
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DOI: 10.22225/jph.2.2.3319.260-264
Indonesia is a country of law, therefore the imposition of sanctions in the form of detention is a way to provide a deterrent effect on the actions committed, namely by providing guidance, granting the right to parole is a form of guidance aimed at enabling prisoners to interact healthily with the community. The purpose of this research is to analyze the legal arrangements regarding the system of guiding prisoners through efforts to grant parole rights at the Gianyar Class II B State Prison and the obstacles in the implementation of the provision of parole in the Gianyar Class II B State Prison during the Covid-19Pandemic. The method used is empirical with legal data sources in the form of secondary and primary with data collection techniques, namely through interviews, after the data is systematically compiled and linked from one data to another then will be explained clearly and in detail. The result of the research reveals that the Regulation of the Minister of Law and Human Rights Number 3 of 2018 concerning the terms and procedures for granting parole which is used as a legal basis, but in its implementation there are several obstacles including prisoners who violate disciplinary rules and the public is worried about being exposed to Covid-19from prisoners.
Intervensi dalam Pemeriksaan Sengketa Tata Usaha Negara
Mario Viano Rasi Wangge;
Anak Agung Sagung Laksmi Dewi;
Ni Made Sukaryati Karma
Jurnal Preferensi Hukum Vol. 2 No. 2 (2021): Jurnal Preferensi Hukum
Publisher : Warmadewa Press
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DOI: 10.22225/jph.2.2.3325.300-305
Judicial power is done by a Supreme Court and judicial bodies under it, including the State administrative court with two subjects or parties who are litigating in the PTUN, namely the defendant and the plaintiff. The purpose of this study is to reveal the system for examining interventions in state administration as well as arrangements for interventions in state administrative disputes. the type of research used is normative law with a statute approach. The source of data used is the secondary data. The technique of collecting legal materials used is by reading and quoting by analyzing the relevant laws and then the collection and collection of the literature materials are processed qualitatively. The result shows that there are several possible motivations for the entry of third parties in the judicial process, namely on their own initiative, at the request of the judge, and at the request of one of the parties (the presecutor/defendant) and the state administrative court regulate the entry method and motivation for the intervention of the party to enter the examination process. State Administrative Disputes.
Perlindungan Hukum terhadap Whistleblower dalam Tindak Pidana Narkotika.
Gusti Nyoman Adung Setiawan;
Anak Agung Sagung Laksmi Dewi;
I Made Minggu Widyantara
Jurnal Preferensi Hukum Vol. 2 No. 2 (2021): Jurnal Preferensi Hukum
Publisher : Warmadewa Press
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DOI: 10.22225/jph.2.2.3330.332-336
A wistleblower is someone who is aware of a criminal act and notifies it to law enforcement officials. The role of whistleblowers is very important to help expose acts of narcotics abuse. The purpose of this study is to determine the legal protection arrangements for whistleblowers in narcotics abuse and to find out legal protection for whistleblowers in narcotics crime. The research method used in this research is normative legal research method normative legal research method which is carried out by examining a statutory regulation related to the problem being discussed and through a conceptual approach or conceptual approach which shows a concept, and uses a conceptual approach. doctrine, namely the views or thoughts of experts related to the science of law. A person who is a whistleblower or notifier in narcotics abuse always bears a reply from those who feel aggrieved or aggrieved as a result of a notification or report from a whistleblower, legal security for a person who is a pioneer or whistleblower in investigating criminal acts of narcotics abuse is important given to the authorities so that all people are willing to become reporters in order to support legal institutions to reveal and arrest narcotics abuse. Security for whistleblowers must be made strictly in law so that security for whistleblowers can be upheld.