Articles
Tinjauan Yuridis terhadap Penggunaan Jasa Pihak Ketiga (Debt Collector) dalam Menagih Kredit Bermasalah pada PT Adira Dinamika Multifinance TBK
Kasirinus Jee Lua;
Anak Agung Sagung Laksmi Dewi;
Ni Made Puspasutari Ujianti
Jurnal Preferensi Hukum Vol. 2 No. 2 (2021): Jurnal Preferensi Hukum
Publisher : Warmadewa Press
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DOI: 10.22225/jph.2.2.3331.337-342
The use of third party services by financing company PT Adira Dinamika Multifinance through a third party Service Company (debt couecton to perform a collection function for consumers or debtors who are difficult to collect by being declared in default. Regulations for the use of third party services by financing companies are regulated in POJK No. /POJK.05/2018 concerning the Implementation of Business Financing Companies, where financing companies can collaborate with other parties (third party services) with the aim of collecting non-performing loans., The consequences of collaboration between third party services and financing companies to collect non-performing loans that the finance company is fully responsible for the cooperation carried out if there is an act that violates the law in accordance with POJK Number 35 / POJK.05 / 2018. However, if the financing company has carried out the prescribed procedure and the third party service continues to commit acts against the law, then the liability will be borne by the third party's services in order to collect non-performing loans. This research uses normative legal research. The technique of collecting legal materials in this study is to collect from literature studies using documentary / recording techniques obtained related to primary, secondary, and tertiary legal materials
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.
Perjanjian Nominee dan Akibat Hukumnya Menurut Sistem Hukum Positif Indonesia
Linda Vianty Mala Takko;
I Nyoman Putu Budiartha;
Anak Agung Sagung Laksmi Dewi
Jurnal Preferensi Hukum Vol. 2 No. 2 (2021): Jurnal Preferensi Hukum
Publisher : Warmadewa Press
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DOI: 10.22225/jph.2.2.3339.365-370
The procedure for transferring land rights to house ownership or those occupied by foreigners residing in Indonesia has been regulated by a ministerial regulation or the head of the land agency which is carried out by the process of registering the land with the aim of providing legal certainty or providing legal protection for those who have rights over land. A plot of houses and land, units of apartment or other rights owned so that it is easy to prove that it is true that they are the owner of these rights. The purpose of this study is to determine the procedures for the release or transfer of rights to the ownership of a residential or residential house by foreigners domiciled in Indonesia. The research used is a type of normative legal research. Regarding the source of legal materials used, it is divided into primary legal materials, which are the main legal materials which are the basis for the study of the writing of this research. From the presentation of the research it can be concluded that the procedures for the transfer of rights to land for permanent residential ownership by foreigners who are domiciled in Indonesia have been regulated by the ministerial regulation or the head of the land agency which is carried out by the process of registering the land with the aim of providing legal certainty or providing legal protection for who has the right to a plot of house and land, unit of apartment or other rights owned so that it is easy to prove that it is true that it is the owner of these rights.
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.
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.
Kekuatan Alat Bukti Keterangan Saksi yang Memiliki Hubungan Darah dengan Terdakwa dalam Tindak Pidana Pencurian dalam Keluarga
I Gede Agus Sudiantara;
Anak Agung Sagung Laksmi Dewi;
Ni Made Sukaryati Karma
Jurnal Preferensi Hukum Vol. 2 No. 3 (2021): Jurnal Preferensi Hukum
Publisher : Warmadewa Press
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DOI: 10.22225/jph.2.3.3987.485-490
The strength of evidence from witnesses who have family ties to the defendant in the crime of theft in the family, the process of examining witnesses is the main evidence in a crime. The purpose of this study is to reveal the strength of the evidence of witnesses who have blood relations with the defendant in the evidentiary process and barriers to proof by using evidence of witnesses who have blood relations with the defendant in the crime of theft in the family. The research method used is normative legal research. Sources of primary and secondary legal materials. Legal materials that have been obtained from the literature study and the approach to legislation were analyzed using a systematic interpretation technique. The results of the study reveal that witness testimony is very necessary in the trial in order to provide appropriate sanctions for the defendant. The barrier to proof from witness statements who have family relationships and ties is if the minimum principle of proof cannot be proven. It can be concluded that the strength of the testimony of a witness who does not take an oath, cannot be considered as evidence, but only information that is considered by the judge.
Tinjauan Yuridis Pemidanaan Terhadap Pelaku Tindak Pidana Penjarahan
Komang Gede Reska Joanykernia Pradila;
Anak Agung Sagung Laksmi Dewi;
I Made Minggu Widyantara
Jurnal Preferensi Hukum Vol. 2 No. 3 (2021): Jurnal Preferensi Hukum
Publisher : Warmadewa Press
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DOI: 10.22225/jph.2.3.3990.496-501
The rapid development of the times in Indonesia in various aspects has made the behavior patterns of the Indonesian people diverse. Seen from a legal perspective, there is behavior that is in accordance with applicable norms and there is also behavior that deviates from applicable norms. One of the deviant acts is the crime of looting. Looting is the crime of theft which is carried out by forcibly taking other people's belongings which is carried out during natural disasters, riots, airplane accidents and train accidents. The purpose of this study is to analyze the criminal sanctions against the perpetrators of the crime of looting and the judge's considerations in imposing a sentence on the perpetrators of the crime of looting. This research applies normative research methods. The legal materials used are primary, secondary and tertiary legal materials with the technique of inventorying or tracing the relevant legal materials then classified or grouped and documented, recorded, quoted, summarized, reviewed as needed using a qualitative approach which is then analyzed systematically. The results of the study reveal that people who commit the crime of looting will be subject to criminal sanctions according to article 363 of the 2nd KUHP paragraph (1) by considering article 10 of the Criminal Code and it is obligatory for the perpetrators to be held accountable for their actions.
Tinjauan Yuridis Pengaturan Tindak Pidana Terhadap Kejahatan Benda Virtual dalam Game Online
Ida Ayu Putri Ary Yulandari;
Anak Agung Sagung Laksmi Dewi;
I Made Minggu Widyantara
Jurnal Preferensi Hukum Vol. 2 No. 3 (2021): Jurnal Preferensi Hukum
Publisher : Warmadewa Press
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DOI: 10.22225/jph.2.3.3991.502-506
Such rapid progress in the field of Information Technology has an impact on the patterns and aspects of people's lives which along with the progress of the times color the formation of new rules. Crimes and other crimes have actually developed, one of which is virtual object crime in online games. The purpose of this study is to reveal the legal regulation of criminal acts against virtual object crimes in online games and criminal sanctions against virtual object crimes from the perspective of ius constituendum. The research method used is the type of normative research. Sources of data used are primary, secondary and tertiary legal sources. The technique of collecting law is done by recording techniques deductively and inductively. After the data is collected then it is analyzed by means of legal interpretation. The results of the study revealed that the perpetrator committed a criminal act of fraud with the object of a virtual object crime, this is certainly contrary to the laws and regulations. Article 28 paragraph (1) of the ITE Law and Article 378 of the Criminal Code are references in resolving crimes against virtual objects in online games and the sanctions are Article 45 paragraph (2) of the ITE Law. The regulations that will be made can provide a deterrent effect and minimize virtual object crimes in Online Games.