Articles
<![CDATA[Status Hukum Harta Perkawinan Jika Terjadi Kepailitan Suami/Istri Tanpa Adanya Perjanjian Kawin ]]>
<![CDATA[Putu Indri Sri Giyanthi]]>;
<![CDATA[I Nyoman Putu Budiartha]]>;
<![CDATA[Ni Made Puspasutari Ujianti]]>
<![CDATA[ Jurnal Preferensi Hukum Vol. 3 No. 1 (2022): Jurnal Preferensi Hukum ]]>
Publisher : <![CDATA[Warmadewa Press ]]>
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DOI: 10.22225/jph.3.1.4621.37-41
<![CDATA[Marriage is carried out by a male and female couple to continue their offspring. In marriage, if the husband and wife do not make a marriage agreement, it will have an impact on the marital property, especially if one of the parties is declared bankrupt. This study reviews the legal arrangements for marital property in Indonesia and reveal the legal consequences of marital property in the event of husband/wife bankruptcy without a marriage agreement. This research uses a normative method with a Legislative approach. Law is the object of research. The legal sources used are primary and secondary legal data. Furthermore, the research results are described qualitatively. The results showed that the legal regulation of marital property is regulated in Article 35 of the Marriage Law Number 1 of 1974 Jo. Law Number 16 of 2019 which regulates joint assets and inherited assets, and also in Article 119 of the Civil Code which regulates the unity of assets. The legal consequences of marital property if one of the parties goes bankrupt in the event that the marriage requires a union of assets will result in joint bankruptcy of husband and wife in accordance with the provisions of Article 64 paragraph (1) of Law Number 37 of 2004 concerning Bankruptcy and Postponement of Debt Payment Obligations.]]>
<![CDATA[Flash Sale Sebagai Indikasi Predatory Pricing pada Aplikasi E-Commerce Perspektif Hukum Persaingan Usaha ]]>
<![CDATA[Komang Kory Jayani]]>;
<![CDATA[I Nyoman Putu Budiartha]]>;
<![CDATA[Ni Made Puspasutari Ujianti]]>
<![CDATA[ Jurnal Preferensi Hukum Vol. 3 No. 1 (2022): Jurnal Preferensi Hukum ]]>
Publisher : <![CDATA[Warmadewa Press ]]>
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DOI: 10.22225/jph.3.1.4622.42-47
<![CDATA[E-commerce services are currently implementing flash sale promos which are one of the marketing strategies by issuing discounts or discounts at certain times even reaching the price of nine hundred and ninety-nine rupiahs. This is an indication of Predatory Pricing which is prohibited in business competition law. This study aims to examine the setting of flash sales on E-commerce applications which are indicated as Predatory Pricing, and reveal law enforcement on Predatory Pricing actors who carry out flash sales on E-commerce applications. In this study using a normative research method with a Legislative approach. The legal materials used are primary and secondary legal materials. Library data collection techniques or library research related to flash sales practices as an indication of Predatory Pricing in E-commerce applications. The results of the study indicate that the provisions of Article 20 of Law Number 5 of 1999, that Predatory Pricing is not necessarily prohibited, but it must be proven that predatory pricing will result in unfair business competition, from this it can be seen that not all selling and loss activities is an unlawful act. The flash sale promo that is carried out by one of these E-commerce is not classified as Predatory Pricing, because it does not meet the requirements and elements of the act described in Law Number 5 of 1999 concerning unfair business competition]]>
<![CDATA[Efektivitas Penerapan Asas Itikad Baik pada Transaksi Jual Beli Hasil Bumi di Desa Sidetapa Kabupaten Buleleng ]]>
<![CDATA[Putu Linda Juli Swandewi]]>;
<![CDATA[I Nyoman Budiartha]]>;
<![CDATA[Ni Made Puspasutari Ujianti]]>
<![CDATA[ Jurnal Preferensi Hukum Vol. 3 No. 1 (2022): Jurnal Preferensi Hukum ]]>
Publisher : <![CDATA[Warmadewa Press ]]>
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DOI: 10.22225/jph.3.1.4627.73-77
<![CDATA[The village of Sidetapa uses an oral agreement system in selling its produce which is only based on good faith. The factor that causes people to still use oral agreements is the low level of education and habits so that it can cause problems that will occur in the future due to the absence of a written agreement. The purposes of this study are to determine the application of the principle of good faith in the sale and purchase of agricultural products in Sidetapa Village, Buleleng Regency as well as legal liability for default in the sale and purchase transactions of agricultural products that are not in good faith. The research method in this is an empirical research method with a sociological approach. The data sources used are primary and secondary legal sources. Data collection techniques were carried out by observation, interviews and literature study which were then presented in qualitative form. The results of the study reveal that every agreement must be based on good faith as in the sale and purchase agreement of agricultural products in Sidetapa Village. This agreement system is effective because it is quite simple and easy to implement. This verbal agreement does not rule out the possibility that someone does not default, if there is a default in buying and selling in the village of Sidetapa, the settlement is in a familial way.]]>
<![CDATA[Implementasi Perizinan Usaha Simpan Pinjam Koperasi Pasca Peraturan Menteri Koperasi dan Usaha Kecil Menengah Nomor 11 Tahun 2018 (Studi kasus di Kecamatan Blahbatuh Kabupaten Gianyar) ]]>
<![CDATA[I Gusti Agung Ngurah Anom Deva]]>;
<![CDATA[I Nyoman Putu Budiartha]]>;
<![CDATA[Ni Made Puspasutari Ujianti]]>
<![CDATA[ Jurnal Preferensi Hukum Vol. 3 No. 1 (2022): Jurnal Preferensi Hukum ]]>
Publisher : <![CDATA[Warmadewa Press ]]>
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DOI: 10.22225/jph.3.1.4672.132-137
<![CDATA[Cooperatives are legal entities that run businesses based on the principle of kinship. In running a cooperative business, it must have a business license that functions as business legality and as a legal base in implementing it. The purposes of this study are to analyze the completeness of the requirements for a savings and loan business license for cooperatives in Blahbatuh sub-district, Gianyar Regency and the effectiveness of implementing savings and loan business permits for cooperatives in Blahbatuh sub-district, Gianyar Regency. This research method is an empirical legal research method with a sociological approach. Data collection techniques were carried out by interviewing respondents in the field. The sources of law used are primary and secondary sources of law. After the data was collected, it was then analyzed using descriptive data analysis techniques. The findings reveal that the Regulation of the Minister of Cooperatives and Small and Medium Enterprises of the Republic of Indonesia Number 11 of 2018 concerning Cooperative Savings and Loans Business Licensing. Based on the requirements for the completeness of a business license in carrying out a savings and loan activity in Blahbatuh District, Gianyar Regency, there are 44 cooperatives that already have a savings and loan business license and 79 cooperatives that do not have a savings and loan business license, there are factors that influence cooperatives in having a savings and loan business license, namely internal factors and external factors.]]>
<![CDATA[Akibat Hukum dari Keterlambatan Pembayaran Spaylater bagi Pengguna E-Commerce Shopee ]]>
<![CDATA[Ni Kadek Pingkan Putri Natalia]]>;
<![CDATA[Anak Agung Sagung Laksmi Dewi]]>;
<![CDATA[Ni Made Puspasutari Ujianti]]>
<![CDATA[ Jurnal Preferensi Hukum Vol. 3 No. 1 (2022): Jurnal Preferensi Hukum ]]>
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DOI: 10.22225/jph.3.1.4683.196-200
<![CDATA[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.]]>
<![CDATA[Pengaturan Industri Permainan Interaktif Elektronik di Era Industri 4.0 Video Game Industry Regulation In 4.0. Industry Era ]]>
<![CDATA[Yoshua Pramana Kawi]]>;
<![CDATA[I Nyoman Putu Budiartha]]>;
<![CDATA[Ni Made Puspasutari Ujianti]]>
<![CDATA[ Jurnal Preferensi Hukum Vol. 3 No. 2 (2022): Jurnal Preferensi Hukum ]]>
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DOI: 10.55637/jph.3.2.4925.253-259
<![CDATA[The video game industry has developed very significantly in the 4.0 industry era. Video game industry development also happened in Indonesia in the last two decades, making the government then feel the need to assign a system of regulation to the video game industry in Indonesia. However, a particular part of that said system, which is Regulation of Indonesia’s Esports Major Administrator Number 034/PB-ESI/B/VI/2021, caused some problems regarding its application in public. Therefore, the researcher is interested to study these problems by using the principles of the regulation-making process in the Republic of Indonesia’s Act Number 12 of 2011 and other related law sources. The purpose of this research is to know and understand the regulation of the video game industry and the application’s impact on the public. The research method is using the normative method with the law and conceptual approaches. The result is showing that the development of the video game industry in Indonesia should be controlled in a good regulation system and the implications must be handled seriously by those in charge to provide huge benefits for the country, especially for those working in the video game industry.]]>
<![CDATA[Perlindungan Hukum Otoritas Jasa Keuangan terhadap Investor Pasar Modal atas Diberlakukannya Delisting Saham oleh Bursa Efek Indonesia ]]>
<![CDATA[I Dewa Gede Angga Bhasudeva]]>;
<![CDATA[I Nyoman Putu Budiartha]]>;
<![CDATA[Ni Made Puspasutari Ujianti]]>
<![CDATA[ Jurnal Preferensi Hukum Vol. 3 No. 2 (2022): Jurnal Preferensi Hukum ]]>
Publisher : <![CDATA[Warmadewa Press ]]>
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DOI: 10.55637/jph.3.2.4929.271-275
<![CDATA[This study aims to analyze and describe the legal consequences for issuers whose shares are delisted by the stock exchange and analyze how the legal protection provided by the financial services authorities to capital market investors for the implementation of stock delisting by the stock exchange. Capital market developments affect legal certainty and protection for investors. This research is included in normative legal research that uses a conceptual approach and legislation. Judging from the results of the research, many go public companies have not disclosed information that should be known by the public and the OJK so that these issuers will be subject to delisting sanctions by the IDX. Delisting can be granted if the issuer wants to become a closed company but is still a go public company. Shareholders are given legal protection by the OJK, namely, preventive in nature as evidenced by guidance and supervision by the OJK, repressive protection as evidenced by administrative sanctions for parties who violate the legal rules regarding the capital market in force in Indonesia.]]>
<![CDATA[Kajian Yuridis Penggunaan Koin Kripto sebagai Alat Pembayaran di Indonesia ]]>
<![CDATA[Kadek Dyah Pramitha Widyarani]]>;
<![CDATA[Ida Ayu Putu Widiati]]>;
<![CDATA[Ni Made Puspasutari Ujianti]]>
<![CDATA[ Jurnal Preferensi Hukum Vol. 3 No. 2 (2022): Jurnal Preferensi Hukum ]]>
Publisher : <![CDATA[Warmadewa Press ]]>
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DOI: 10.55637/jph.3.2.4934.300-305
<![CDATA[The presence of crypto coins as a new thing in society certainly requires an attitude from a legal aspect. The rapid development of crypto coins makes many people believe that crypto coins will become a means of payment in the future. This study aims to determine the regulation of payment instruments in Indonesia and the legal consequences if crypto coins are used as payment instruments in Indonesia. This research is normative legal research, namely research with studies through literature studies based on primary and secondary legal materials. The problem approach used is a statutory approach and a conceptual approach. The results of this study show concretely that crypto coins are illegal means of payment. The use of crypto coins as a means of payment in Indonesia is not in accordance with the law and is an act that is against the law so it can have legal consequences. Crypto coins do not have a legal basis to be used as a means of payment in Indonesia. Payments using crypto coins that are prohibited by law are considered illegal payments so they can get sanctions.]]>
<![CDATA[Perlindungan Hukum terhadap Konsumen bagi Pengguna Kosmetik Ilegal yang Diiklankan Influencer di Media Sosial ]]>
<![CDATA[Ni Putu Gita Padmayani]]>;
<![CDATA[I Nyoman Putu Budiartha]]>;
<![CDATA[Ni Made Puspasutari Ujianti]]>
<![CDATA[ Jurnal Preferensi Hukum Vol. 3 No. 2 (2022): Jurnal Preferensi Hukum ]]>
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DOI: 10.55637/jph.3.2.4936.312-317
<![CDATA[This study aims to discuss forms of legal protection for consumers and the responsibility of influencers against consumer losses for illegal cosmetic products advertised on social media. Current technological developments make many business actors market cosmetic products using the services of influencers on social media. However, it is not uncommon for influencers to promote illegal cosmetic products that do not have distribution permits. This type of research includes normative legal research that uses a statutory approach and analysis of legal concepts. The results of the study indicate that the form of legal protection for consumers for the use of illegal cosmetic products refers to Article 1365 of the Civil Code, Article 4 of Law No. 8 of 1999 concerning Consumer Protection, Article 9 of the ITE Law and Article 378 of the Criminal Code, then Responsibilities influencers on illegal cosmetics advertised on social media can be based on Law No. 8 of 1999 concerning Consumer Protection and Article 1365 of the Civil Code. For this reason, the government should further reaffirm the regulations regarding the protection of consumers and an influencer who advertises a product should have good intentions in carrying out his profession.]]>
<![CDATA[Efektifitas Pendaftaran Merek Hartlystore.id oleh Usaha Mikro Kecil Menengah (Umkm) di Kota Denpasar ]]>
<![CDATA[Kadek Bayu Dinata Putra]]>;
<![CDATA[I Nyoman Putu Budiartha]]>;
<![CDATA[Ni Made Puspasutari Ujianti]]>
<![CDATA[ Jurnal Preferensi Hukum Vol. 3 No. 2 (2022): Jurnal Preferensi Hukum ]]>
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DOI: 10.55637/jph.3.2.4947.379-384
<![CDATA[This article is motivated by the legal protection of trademarks; the legal protection of trademarks in Indonesia applies after trademark registration is carried out. MSMEs do not have legal protection if the MSME brand has not been registered. This tends to cause potential problems in the future, namely the misuse of brands by irresponsible parties because MSMEs do not have legal protection if the MSME brands have not been registered. Based on the previous explanation, this research aims to discuss the problem of implementing the registration of the hartlystore.id trademark in Denpasar City and what legal consequences will be obtained if the hartlystore.id trademark is not registered. The research method used is empirical legal research, empirical research provides answers to problems related to the reality that occurs in society related to the problems to be studied using a sociological approach, a statutory approach and a fact approach. The main legal source of this research is field research, namely research carried out by going directly into the field to obtain various kinds of data. While the supporting legal sources come from legal books and journals as well as previous research that is relevant to this research. Data collection techniques used are interviews and data observation in the field. From the results of the research, it was found that the implementation of the hartlystore.id trademark registration in Denpasar City had not run effectively this was due to the lack of understanding of MSMEs regarding trademark registration. The legal consequences that arise if the hartlystore.id Mark does not register its trademark, namely the hartlystore.id Mark will not get legal protection from the state if the hartlystore.id mark is imitated or falsified by other parties.]]>
