Articles
Fungsi Badan Narkotika Nasional (BNN) dan Polisi dalam Tindak Pidana Narkotika
I Made Karnadi;
I Nyoman Gede Sugiartha;
Ida Ayu Putu Widiati
Jurnal Preferensi Hukum Vol. 2 No. 1 (2021): Jurnal Preferensi Hukum
Publisher : Warmadewa Press
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Prevention of narcotics abuse by adolescents children and adults as well as the eradication of narcotics trafficking is handled by an institution namely the National Narcotics Agency and the Police The National Narcotics Agency has the authority to conduct investigations and investigations The police also have the same powers as the National Narcotics Agency The problems studied in this research are 1) The function of the National Narcotics Agency and the Police in narcotics crime 2) Synergy between the National Narcotics Agency and the Police in Investigation and Investigation of narcotics crime. The research method used in this research is normative legal research Besides that an approach through legislation is also used as well as a conceptual approach The results of this study indicate that the function of the National Narcotics Agency is the prevention and eradication of narcotics abuse Meanwhile the police function is to arrest conduct investigations and investigations and eradicate the illicit trafficking of narcotics The synergy between the National Narcotics Agency and the Police is carried out by means of coordination in dealing with narcotics crime Starting from the investigation investigation assessment of the perpetrator to the process of escorting hearing and execution
Kedudukan Notaris dalam Pembuatan Akta terhadap Rapat Umum Pemegang Saham yang Diadakan melalui Media Telekonferensi
I Made Nova Wibawa;
I Nyoman Alit Puspadma;
Ida Ayu Putu Widiati
Jurnal Preferensi Hukum Vol. 2 No. 1 (2021): Jurnal Preferensi Hukum
Publisher : Warmadewa Press
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The Law No 40 of 2007 concerning PT (Limited Liability Company) regulates what can be done through teleconferencing media regulated in Article 77 paragraph (1) of Company Law so as to allow shareholders to conduct a GMS without having to meet in person and be in one place but can be held by teleconference which allows shareholders to see each other and interact actively in meetings The results of the minutes of the GMS held by the PT are not required to be written in the form of an authentic deed meaning that the PT can determine the agreement of the shareholders whether it will be written into an authentic deed or an underhand deed The minutes of the GMS by teleconference which are applied to the authentic deed by the Notary lose their authenticity because the Notary does not act according to the provisions in Article 16 paragraph (1) letter m UUJN-P which requires the physical presence of the parties in the process of drafting an authentic deed so that the power of proof of the deed under the hand as a result of an act that is not in accordance with Article 16 paragraph (1) letter m.
Tanggung Jawab Pemerintah Terhadap Penanggulangan Covid-19 dalam Rangka Pelayanan Medis di Rumah Sakit
Ni Komang Rosi Triana Ayu Nuratih;
I Ketut Kasta Arya Wijaya;
Ida Ayu Putu Widiati
Jurnal Preferensi Hukum Vol. 2 No. 2 (2021): Jurnal Preferensi Hukum
Publisher : Warmadewa Press
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Health is an important aspect and become a measure of the welfare of the people of a country. The development of national development, one of them is in the health sector, must be in accordance with and based on Pancasila and the 1945 Constitution of the Republic of Indonesia. The purpose of this research is to reveal the government's responsibility for handling Covid-19 patients and legal protection for Covid-19 patients medical services in the hospital. The research method used is normative. The assessment is carried out by means of a literature study which is specifically related to law in the health sector. The data sources used were prmiary, secondary and tertiary sources and were analyzed systematically. The result of this research indicates that the responsibility of the government for Covid-19 patients provides rights to patients regulated in related regulations. If the government and parties who violate the rights that should be received by Covid-19 patients, they can be subject to sanctions in accordance with applicable regulations. Legal protection or the issuance of legal rules regarding the rights of Covid-19 patients aims to protect the community itself.
Perlindungan Hukum Terhadap Franchisee Akibat Pemutusan Sepihak dalam Perjanjian Franchise
I Gusti Ngurah Md Rama Andika;
Ni Luh Made Mahendrawati;
Ida Ayu Putu Widiati
Jurnal Preferensi Hukum Vol. 2 No. 3 (2021): Jurnal Preferensi Hukum
Publisher : Warmadewa Press
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In the implementation of a franchise agreement, it is not uncommon for the agreement not to be implemented due to a unilateral termination by the franchisor. Considering that the franchisee in the franchise agreement is in a weaker position, in the event of a unilateral termination, it will suffer a large loss. However, in the laws and regulations, there are no clear arrangements for the protection of franchisees who experience unilateral termination who actually experience losses. The purpose of this study is to analyze the franchise agreement may be terminated unilaterally by the franchisor and the legal protection of the franchisee against the unilateral termination of the franchise agreement by the franchisor. This study uses normative legal research methods using primary legal materials, with the types of approaches used are statutory approaches, case approaches and conceptual approaches. Legal sources are then analyzed systematically. Based on the results of the study, it can be concluded that basically the franchise agreement cannot be terminated unilaterally unless the void conditions stated in the contract have been fulfilled and legal protection for the franchisee against the losses he has suffered can be sued for compensation based on default.
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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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).
Sanksi Pidana Terhadap Pelaku Pemalsuan Surat Rapid Test di Masa Pandemi Covid- 19
I Kadek Candra Karunia Bagiarta Putra Sugiantara;
I Nyoman Gede Sugiartha;
Ida Ayu Putu Widiati
Jurnal Preferensi Hukum Vol. 2 No. 3 (2021): Jurnal Preferensi Hukum
Publisher : Warmadewa Press
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The outbreak of the Covid-19 virus has caused the Indonesian government to take a serious policy in tackling the spread of this virus by imposing regional restrictions. This policy has led to the falsification of the COVID-19 rapid test certificate and the collection of rapid management fees at inflated prices. The purpose of this study is to uncover the criminal act of counterfeiting a rapid test letter and the legal sanctions for counterfeiting a rapid test letter. This research is a type of normative legal research with statutory law and factual law. Sources of legal materials used in the form of primary and secondary legal materials. The technique of collecting legal materials in this research is recording and recording which is then analyzed deductively and inductively logic. The results of the study reveal that letter falsification is regulated in Articles 263 to 267 of the Criminal Code, besides that it is also regulated in Article 7 of the medical code of ethics. If the doctor is proven to have committed the falsification himself, then the liability is punishable by a maximum of 4 years and administrative sanctions.
Analisis Yuridis Money Politic oleh Calon Anggota Dewan Perwakilan Daerah dalam Pemilihan Umum
Ade Marcelian Pande;
Ida Ayu Putu Widiati;
I Wayan Arthanaya
Jurnal Preferensi Hukum Vol. 2 No. 3 (2021): Jurnal Preferensi Hukum
Publisher : Warmadewa Press
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Money politics is a crime against democracy as aspired by the Indonesian state, especially against money politics crimes committed by Regional Representative Council Candidates. This study aimed to examine the forms of money politics in general elections and to reveal sanctions against candidates for Regional Representative Council Candidates who committed money politics. This study is normative research with a statutory approach. The sources of data used were primary and secondary data. Data were collected through reading activities, which were carried out by collecting existing legal materials or studying documents from existing laws and regulations and other supporting instruments. The results of the study indicated that the regulation of money politics is regulated in the constitution and some special legal regulations. The form of money politics is in the form of money, public facilities, basic needs, and projects. The sanctions applied are imprisonment and fines or imprisonment instead of fines. Criminal sanctions are applied to perpetrators who gave or received all forms of money politics, which is used as a strategy to win political contestations
Efektivitas Peran Pemerintah Daerah dalam Mencegah Terjadinya Pemutusan Hubungan Kerja pada Masa Pandemi Covid-19 di PT. Bali Maya Permai Kabupaten Jembrana
Dewa Ketut Swanjaya Tirta;
I Nyoman Putu Budiartha;
Ida Ayu Putu Widiati
Jurnal Preferensi Hukum Vol. 3 No. 1 (2022): Jurnal Preferensi Hukum
Publisher : Warmadewa Press
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The existence of the Covid-19 Pandemic, in addition to taking many lives, also has a broad impact on the economy. Many companies experience bankruptcy and layoffs. Only companies that are quick to implement efficiency policies can survive and not give massive losses to the workforce. PT. Bali Maya Permai in this pandemic situation, resulted in employment problems. This study aims to examine the effectiveness of the implementation of industrial relations during the Covid-19 pandemic at PT. Bali Maya Permai and reveals the role of the Jembrana Regency Government in preventing layoffs during the Covid-19 pandemic at PT. Bali Maya Permai. This study is designed using empirical legal research with a sociological juridical approach. The data used are primary and secondary legal data obtained through interview techniques, observation and questionnaires, and archives. Furthermore, the data are analyzed qualitatively. The result of the study shows that industrial relations during the Covid-19 pandemic at PT. Bali Maya Permai is not completely running well because there are still labor problems. The preventive juridical and socio-economic steps taken by the Jembrana district government to prevent termination of employment were not entirely successful, because layoffs were still occurring. In this regard, it is recommended that employers respect the rights of workers so that industrial relations can run well and harmoniously.
Pertanggungjawaban Tindak Pidana Pencurian yang Dilakukan oleh Seorang Kleptomania
Komang Sutriani;
Ida Ayu Putu Widiati;
Ni Made Sukaryati Karma
Jurnal Preferensi Hukum Vol. 3 No. 1 (2022): Jurnal Preferensi Hukum
Publisher : Warmadewa Press
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Kleptomania is a condition in which an individual has control problems within himself to take. The mindset here is not only crazy people who are annoyed with reason and mind but also various psychological diseases. There are several cases of frequent thefts caused by kleptomaniac sufferers and in this case a research objectives are formulated, namely regulating the crime of theft committed by a kleptomaniac and criminal liability for the crime of theft committed by a kleptomaniac. This research is a normative legal research with a case and legislation approach. The technique of collecting legal materials that the author uses in this research is a literature study. Sources of legal materials used are primary and secondary legal sources. The legal material analysis technique used is descriptive technique. The findings of this study reveal that cases like this have been regulated in Article 44 paragraph (1) of the Criminal Code. The results from the assessment of the perpetrator at a specialist doctor can be used as legal evidence, to be considered by the judge in determining whether the perpetrator is then placed in a mental health polyclinic or not. in recovery.
Pelaksanaan Pemenuhan Program Badan Penyelenggara Jaminan Sosial Ketenagakerjaan Terhadap Pekerja (Studi Pada Bali Safari and Marine Park)
I Dewa Gede Dwipayana Putra;
I Nyoman Putu Budiartha;
Ida Ayu Putu Widiati
Jurnal Preferensi Hukum Vol. 3 No. 1 (2022): Jurnal Preferensi Hukum
Publisher : Warmadewa Press
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The role of workers is very important for the development of the national economy, therefore the higher the challenges and risks that will be faced by the workers so that all need to be given protection, maintenance, and improvement of welfare for workers who become basic protectors with the aim of meeting the needs of life for workers. The purposes of this study are to analyze the implementation of the agency's program for administering employment social security for workers in Bali Safari and Marine Park as well as the obstacles and efforts made by Bali Safari and Marine Park workers in implementing the program of the agency for administering labor social security. This research method is an empirical research with a case and conceptual approach. The data collection technique was carried out by observation techniques in the form of interviews. The data sources used are primary and secondary legal sources. After the data is collected, it is then analyzed qualitatively. The results of the study revealed that the protection of workers was not appropriate in fulfilling the Organization for Employment Social Security at the Bali Safari and Marine Park company as stipulated in Law no. 40 of 2004 concerning Social Security, because not all workers are registered in the program of the Social Security Administering Body. The obstacles faced by workers are related to the working period which is only 1 to 3 months, especially for casual daily workers, and extensions will not necessarily be carried out, because there are already permanent and contract workers in their respective fields.