Articles
Perlindungan Hukum terhadap Mantan Narapidana dalam Perspektif Undang-undang Ketenagakerjaan
I Made Deni Pramudya Adi Putra;
Anak Agung Sagung Laksmi Dewi;
I Wayan Arthanaya
Jurnal Preferensi Hukum Vol. 3 No. 1 (2022): Jurnal Preferensi Hukum
Publisher : Warmadewa Press
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DOI: 10.22225/jph.3.1.4677.161-164
An former convict is very difficult to get a job. Many companies and jobs are very difficult to accept an ex-convict because an ex-convict must have a bad view or discrimination from society. The purposes of this research are to reveal the right of former convicts to get a job when viewed from the Manpower Act No. 13 of 2003 and the legal protection of former convicts who are discriminated against to get a job. The method used in this research is normative legal research with a statutory approach and a conceptual approach. The collection technique was carried out using library techniques. The sources of legal materials used are primary and secondary sources of legal materials which are analyzed qualitatively and presented in descriptive form. The research findings reveal that the provisions of Articles 5 and 6 of Law Number 13 of 2003 concerning Manpower imply that everyone, including a former convict, has the right to opportunity and is treated fairly in the eyes of the law and society without any act of discrimination. Forms of legal protection are direct or indirect and can be in the form of preventive and repressive legal protection. The perpetrators who commit acts of discrimination are charged with criminal sanctions as regulated in Article 156 of the Criminal Code.
Relevansi Sanksi Pidana dalam Penegakan Hukum Protokol Kesehatan pada Masa Pandemi Covid-19
Ni Putu Ayu Mia Paramartha Sari;
Anak Agung Sagung Laksmi Dewi;
I Made Minggu Widyantara
Jurnal Preferensi Hukum Vol. 3 No. 1 (2022): Jurnal Preferensi Hukum
Publisher : Warmadewa Press
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DOI: 10.22225/jph.3.1.4681.183-189
There is a void in norms related to regulations governing violations of the COVID-19 health protocol as a crime, so it is appropriate to use criminal sanctions because this is an issue that must be clarified. The purposes of this study are to analyze legal arrangements for law enforcement of health protocols during the Covid-19 pandemic and regarding criminal sanctions in law enforcement of health protocols during the Covid-19 pandemic. This study uses normative legal research, using a statutory approach, a historical approach, and a conceptual approach. The sources of legal materials used by the author are primary and secondary legal materials using library techniques. The analysis technique was carried out qualitatively and presented in descriptive form. The findings reveal that the regulation of violations of the COVId-19 health protocol can be classified as an administrative crime based on administrative criminal law terminology, but in principle the legality of violating the COVID-19 health protocol does not have a clear legal basis because its enforcement is still using Article 212, 216, and 218 of the Criminal Code, Article 93 of the UU Law and Article 14 of the Infectious Disease Outbreak Law. In addition to this, the criminal sanctions contained in the legal rules which are considered to cover law enforcement for violations of the COVID-19 health protocol do not fully meet the elements of the ideal sentencing goal.
Penegakan Hukum Terhadap Pelaku Cyber Bullying di Kepolisian Daerah Bali pada Masa Pandemi Covid-19
Ni Komang Putri Pratiwi;
Anak Agung Sagung Laksmi Dewi;
I Made Minggu Widyantara
Jurnal Preferensi Hukum Vol. 3 No. 1 (2022): Jurnal Preferensi Hukum
Publisher : Warmadewa Press
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DOI: 10.22225/jph.3.1.4682.190-195
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.
Akibat Hukum dari Keterlambatan Pembayaran Spaylater bagi Pengguna E-Commerce Shopee
Ni Kadek Pingkan Putri Natalia;
Anak Agung Sagung Laksmi Dewi;
Ni Made Puspasutari Ujianti
Jurnal Preferensi Hukum Vol. 3 No. 1 (2022): Jurnal Preferensi Hukum
Publisher : Warmadewa Press
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DOI: 10.22225/jph.3.1.4683.196-200
Spaylater is a feature in Shopee's E-Commerce that is used as a payment method that provides loan funds for its users to make transactions on Shopee's E-Commerce. In using the spaylater feature, terms and conditions must be met. However, users often ignore these terms and conditions, resulting in legal consequences. Based on this phenomenon, this study reviews the legal arrangements regarding spammers in Shopee's E-Commerce and reveals the legal consequences that arise if Shopee's E-Commerce users delay in paying the spamer. The type of research used in this research is normative legal research through statutory and conceptual approaches, the data used are primary and secondary legal materials obtained through library research techniques. Furthermore, the data that has been collected is processed and analyzed descriptively qualitatively. The results of the study indicate that the legal arrangement that regulates the spaylater in Shopee's E-Commerce is the Agreement as regulated in Article 1313 of the Civil Code. The legal consequences that arise if a Shopee E-Commerce user delays the payment, namely the user's Shopee account will be frozen by Shopee, the user will receive consequences in the form of field billing and the user's personal data is then recorded in the financial information service system which can prevent users from getting financing from Banks and other companies.
Peranan Lembaga Bantuan Hukum dalam Penanganan Permasalahan Ketenagakerjaan (Studi Di LBH Bali)
Kresensia Angelica Hardi;
Anak Agung Sagung Laksmi Dewi;
I Made Minggu Widyantara
Jurnal Preferensi Hukum Vol. 3 No. 2 (2022): Jurnal Preferensi Hukum
Publisher : Warmadewa Press
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DOI: 10.55637/jph.3.2.4924.247-252
This study aims to analyze legal aid procedures and determine the role of Legal Aid Institutions in handling employment problems. Legal Aid Institute is one of the distributors of Legal Aid. One of them is the Bali Legal Aid Institute. The scope of the provision of legal aid is quite broad which includes also employment issues considering that many workers' rights have not been fulfilled and the workers' inability to get access to justice. This study uses empirical research methods with a sociological approach. Where researchers make direct observations on objects. Legal aid, procedures, procedures for obtaining legal assistance, and if a problem occurs, its handling is also regulated in Indonesian law. The Bali Legal Aid Institute has an important role in handling labor problems in the Bali area. Its roles include providing legal education, providing assistance, and being involved in policy formation for workers in the Bali area. For the government, it is hoped that it will be more aggressive in providing industrial relations development and for Legal Aid Institutions to socialize Legal Aid so that it can be utilized as well as possible.
Peranan Penyidikan Tambahan dalam Menindaklanjuti Perkara Tindak Pidana Pencurian Sapi di Wilayah Hukum Polsek Petang
Ni Komang Diana Trisnayanti;
Anak Agung Sagung Laksmi Dewi;
Ni Made Suryati Karma
Jurnal Preferensi Hukum Vol. 3 No. 2 (2022): Jurnal Preferensi Hukum
Publisher : Warmadewa Press
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DOI: 10.55637/jph.3.2.4932.287-293
Handling the crime of theft is certainly an alternative in the criminal justice system. In the investigation effort, of course, there can be obstacles that affect the slowness of the examination of the case, as happened at the Evening Police, namely the lack of complete evidence needed because there is a shortage of investigating officers. Therefore, the role of additional investigators is very much needed for the Evening Police. This study uses empirical research methods as well as a sociological approach to law. The role of additional investigations in the settlement of cases of cow theft in the jurisdiction of the Evening Police Sector is to be able to complete the prosecutor's instructions through P-19 which is a code that the results of the investigation are not complete, however, sometimes investigators cannot fulfill the prosecutor's instructions, so the case files go back and forth up to 4 times. . This is done in accordance with the provisions of the legislation or operational standards that apply to the Indonesian National Police.
Pengawasan dan Penindakan sebagai Upaya Perlindungan Hukum terhadap Dana Masyarakat yang Disimpan di Lembaga Koperasi (Studi Kasus di Ksu Banjar Negari, Kabupaten Gianyar)
Ni Komang Nanda Permata Dewi;
Anak Agung Sagung Laksmi Dewi;
Luh Putu Suryani
Jurnal Preferensi Hukum Vol. 3 No. 2 (2022): Jurnal Preferensi Hukum
Publisher : Warmadewa Press
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DOI: 10.55637/jph.3.2.4941.342-346
This study aims to discuss the legal protection of public funds stored in cooperative institutions and cooperative action against cooperative customers who default in terms of borrowing cooperative funds. Cooperatives as a form of the business entity have an important position for empowering and strengthening the people's economy. Based on equal rights and obligations in carrying out certain businesses that intend to meet the various needs of the members. The research method used is the empirical method. Regarding the protection of citizen funds by irregularities in cooperative institutions, there is no legal certainty. Default has legal consequences for those who run it and poses a risk with the emergence of parties who feel that their rights have been harmed to prosecute parties who have defaulted in order to submit compensation, so by In the law, it is desirable that no one party feels the loss due to the default. The first sanction against cooperatives that apply legal protection to cooperative customers is to provide a letter of introduction by the cooperative regarding what the debtor is doing.
Sengketa Gugatan Perdata atas Kepemilikan Tanah Istana Negara Tampaksiring Oleh Masyarakat di Desa Manukaya Gianyar
I Nyoman Sukrata;
Anak Agung Sagung Laksmi Dewi;
I Made Minggu Widyantara
Jurnal Preferensi Hukum Vol. 3 No. 2 (2022): Jurnal Preferensi Hukum
Publisher : Warmadewa Press
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DOI: 10.55637/jph.3.2.4944.358-363
The government expanded the area of the Tampaksiring State Palace and housing for Presidential Palace employees that had been acquired by the state and privately owned land in Manukaya Village. The purpose of this research was to determine the process of land ownership disputes at the Tampaksiring State Palace and to analyze the obstacles faced in resolving disputes over land ownership of the Tampaksiring State Palace by the people in the village of Manukaya. The research method used is Empirical Law. This research uses: a sociological approach, a statutory approach, and a fact approach in conducting research. Primary data comes from the results of field interviews which are then linked to legislation relevant to the case in the field and secondary data comes from: law books and legal journals that support primary data. Interview techniques were carried out as research data collection, library research techniques, and observation. The disputed land belonging to the Plaintiffs which was released by the Government was used as Housing for the employees of the Tampaksiring Presidential Palace at the time of release, the proof of ownership was still in the form of Girik/details of the 1948 Klasiran and Petok D. In the trial it turned out that the government, in this case the Tampaksiring State Palace, was able to prove it with evidence: Letter of application for Rights Use, dated January 27, 1986. Therefore, the community should first check the completeness of the evidence along with the certificate and the government should also increase efforts to prevent land disputes between the parties.
Fungsi Pengawasan Dinas Perhubungan dalam Penertiban Tarif Angkutan di Provinsi Bali
Komang Ikka Shintya Daivi;
Anak Agung Sagung Laksmi Dewi;
Luh Putu Suryani
Jurnal Preferensi Hukum Vol. 3 No. 2 (2022): Jurnal Preferensi Hukum
Publisher : Warmadewa Press
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DOI: 10.55637/jph.3.2.4946.370-378
Public transportation is one part of the transportation sector that is widely used by the Balinese people. An important component in the operation of public transportation that must be considered is the determination of tariffs. The purpose of the study was to analyze the mechanism for controlling public transport fares by the Bali Provincial Transportation Service and to examine the obstacles during the implementation of controlling public transport fares in the Province of Bali. The research method in this paper uses empirical research using a sociological approach and a conceptual approach. The results show that the Government has limited authority in setting tariffs. The authority for public transportation rates for people in Bali Province includes online transportation, conventional taxis, and AKDP transportation. As a result of the pandemic, most entrepreneurs in the transportation sector have lost, this is a factor in the existence of fraud in the imposition of tariffs. In addition, the lack of PPNS personnel and the unavailability of special tools to read barcodes are also obstacles. The Department of Transportation is advised to review comprehensive tariff rules, as well as add PPNS members, and immediately budget for the availability of sophisticated equipment in order to overcome the obstacles that occur.
Sanksi Pidana terhadap Pelaku Pengeroyokan yang Menyebabkan Kematian (Putusan Nomor 399/Pid.B/2020/PN Dps)
Putu Kayla Yunita Dewi;
Anak Agung Sagung Laksmi Dewi;
I Made Minggu Widyantara
Jurnal Preferensi Hukum Vol. 3 No. 2 (2022): Jurnal Preferensi Hukum
Publisher : Warmadewa Press
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DOI: 10.55637/jph.3.2.4948.385-390
Beating is an act that causes someone to be physically injured on purpose, with that there is a need for legal protection for victims of beatings because it is very disturbing to the community. This is regulated in the Criminal Codebook II chapter V. The purpose of this research is to discuss the regulation of the criminal act of beating that causes death and to examine the judge's considerations in imposing criminal sanctions on perpetrators who kill by beating according to Judge's Decision Number 399/Pid.B/2020 /PN Dps. This research is normative research with a statutory and conceptual approach. Primary legal sources, namely legal materials in the form of legislation, namely: the Criminal Code, and Legal Decisions. Secondary legal sources, namely official legal materials that support previous materials in the form of literature, books, and scientific journals. The technique used in making this research uses the collection of document research materials, including existing legal arrangements. existing regulations, self-defense by taking vigilante freely is carried out arbitrarily without any sense of guilt. Meanwhile, the beatings are also related to Article 170 of the Criminal Code. The suggestion is that the Denpasar District Court provides confirmations for each decision issued by the judge so that criminal sanctions are in accordance with applicable regulations and so that in the future there will be no injustice created over cases that have been resolved and it is hoped that in the future the community will be wiser and it would be better if the public could report similar cases to the competent authorities (law enforcement officers), in order to protect and ensure legal certainty in the community.