Articles
Perlindungan Hukum atas Kebocoran Data Pribadi Konsumen pada Perdagangan Elektronik Lokapasar (Marketplace)
Kadek Dio Ramadi Natha;
Nyoman Putu Budiartha;
Ni Gusti Ketut Sri Astiti
Jurnal Preferensi Hukum Vol. 3 No. 1 (2022): Jurnal Preferensi Hukum
Publisher : Warmadewa Press
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A growing global economy supported by technological advances has resulted in the birth of a new market, namely a place for electronic commerce known as a marketplace. Marketplace as an intermediary that facilitates interaction between sellers and buyers, including supporting transaction activities. Marketplace users are required to have an account containing personal data. Advances in technology are now raising new problems, such as related to personal data security. The purposes of this study are to find out the legal protection against the leakage of consumer personal data related to electronic commerce based on the rules of law in Indonesia and the resolution of disputes over the case of leakage of consumer personal data in electronic trading of marketplace users. This study uses a normative research type with a case, legislation, and conceptual approach. Data collection techniques were carried out using documentation techniques and library techniques. Sources of legal materials used in the form of primary and secondary legal sources. The analysis technique is done by interpretation and qualitative. The findings reveal that legal protection for personal data leakage is still weak because it does not yet have a legal umbrella specifically regulating it, but in the case of consumer data leakage in electronic commerce there are several existing laws and regulations that are used as a reference to resolve disputes over cases of leakage of user's personal data.
Pengelolaan Destinasi Wisata Era New Normal dalam Pemberdayaan Masyarakat Lokal di Desa Kesiman Kertalangu Kota Denpasar
I Gusti Ayu Intan Chandra Dewi;
I Nyoman Putu Budiartha;
Diah Gayatri Sudibya
Jurnal Preferensi Hukum Vol. 3 No. 1 (2022): Jurnal Preferensi Hukum
Publisher : Warmadewa Press
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The outbreak of the COVID-19 pandemic has devastated the Bali tourism industry. In response to this, the Government issued a New Normal Era Tourism policy, especially in reconstructing the empowerment of local tourism. This study discusses the management of new normal era tourist destinations in empowering local communities in Kesiman Kertalangu Village, Denpasar City. The purposes of this study are to reveal the governance model of new normal era tourist destinations in Kesiman Kertalangu Village, Denpasar City and the role of the Kesiman Kertalangu Village Government in empowering local communities in managing new normal era tourist destinations. The research method applied is empirical research with a sociological approach. The data collection technique was carried out using observation techniques through interviews with informants and respondents. The sources of legal materials used are primary and secondary legal sources. The legal material analysis technique used is descriptive analysis technique. The results of this study reveal that the new normal era tourism destination management model in Kesiman Kertalangu Village is carried out in collaboration between the Village Government and BUMDes and investors by implementing health protocol management according to procedures. The role of the Kesiman Kertalangu Village Government in empowering local communities in the management of tourist destinations is proven by involving BUMDes and forming Village Regulations and Perbekel Regulations as legal protection for the management of tourist destinations that prioritize the empowerment of local communities, especially in the new normal era.
Peranan Badan Narkotika Nasional dalam Menanggulangi Tindak Pidana Liquid Vape yang Mengandung Narkotika
Yoga Wira Pranata;
I Nyoman Putu Budiartha;
Ni Made Sukaryati Karma
Jurnal Preferensi Hukum Vol. 3 No. 1 (2022): Jurnal Preferensi Hukum
Publisher : Warmadewa Press
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The circulation of electronic cigarettes or vapes has now developed quite rapidly, liquid vapes are liquids that are the main ingredients of vapes with different flavors, aromas and nicotine levels. There are many ways to make liquid that narcotics dealers can do by mixing synthetic marijuana and liquid liquid which actually includes a new type of synthetic narcotic. The purpose of this study is to examine methods of preventing and overcoming the circulation of vape liquid containing Narcotics by the National Narcotics Agency and to examine the obstacles of the National Narcotics Agency in preventing and overcoming the sale and purchase of liquid containing Narcotics. This study uses empirical legal research with a conceptual and sociological approach. The legal materials used are primary and secondary data. To obtain valid data, the researchers used the method of observation and interview, then the data were analyzed qualitatively descriptively. The results showed that the prevention method by providing counseling, checking every three months at vape shops and community groups who use vaping in Denpasar City, regarding this obstacle lies in the difficulty of finding suspects because the cell system is disconnected in the Narcotics network between sellers, Narcotics dealers who do not know each other. Regarding the conclusions above, the researcher suggests that the Denpasar City National Narcotics Agency should do prevention through early education regarding the dangers of this type of liquid Narcotics so that it does not spread among students or adolescents.
Kedudukan Hukum Citizen Journalism (Jurnalis Warga Negara) Dalam Penyampaian Berita Kepada Masyarakat
Cokorda Gede Wirasatya Pradana;
I Nyoman Putu Budiartha;
I Wayan Arthanaya
Jurnal Preferensi Hukum Vol. 3 No. 2 (2022): Jurnal Preferensi Hukum
Publisher : Warmadewa Press
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Journalism is a profession whose duties are under the Press Law, if there is a problem in the process of delivering news, it is protected by the Press Council, in contrast to citizen journalism because it does not include legal protection intended for professional journalists. This study aims to analyze and describe the legal position and legal protection of citizen journalism in delivering news to the public. The study method used is normative legal research. The results show that the legal position of citizen journalism in delivering news to the public is almost the same as that of professional journalists because of its characteristics, but the legal umbrella for citizen journalism in Indonesia has not been clearly regulated. The legal protection of citizen journalism in delivering news to the public can be protected by the Press Law as long as it contains aspects of the public interest, education for the community, contains elements of 5W+1H, and based on the search process, and according to the principles of the journalistic code of ethics, protection can be provided.
Penegakan Hukum yang Dilakukan Direktorat Lalu Lintas Polda Bali terhadap Pelanggaran Kendaraan Roda Tiga Angkutan Sampah Melebihi Daya Beban Angkut di Kota Denpasar
I Gede Eka Surya Pramana;
I Nyoman Putu Budiartha;
I Made Minggu Widyantara
Jurnal Preferensi Hukum Vol. 3 No. 2 (2022): Jurnal Preferensi Hukum
Publisher : Warmadewa Press
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The Denpasar city government has created a garbage collection program that is managed by the Banjar. The waste produced in 2021 is around 550 - 600 tons every day. To reduce waste, we formed a team to store the waste and transport it to the landfill using a three-wheeled motorbike. The method of empirical research is used in conducting this research, with legal research being useful to see the legal point of view in the real conditions of a fact that exists in society. The conclusion of this study is that the Denpasar city government program to transport waste to the TPA for three-wheeled motorized vehicles is less efficient because the amount of waste carrying capacity exceeds the limit, thereby endangering other vehicles. The Traffic Directorate of the Bali Police carried out two types of efforts to reduce the number of violations by means of prevention and action.
Pengaturan Industri Permainan Interaktif Elektronik di Era Industri 4.0 Video Game Industry Regulation In 4.0. Industry Era
Yoshua Pramana Kawi;
I Nyoman Putu Budiartha;
Ni Made Puspasutari Ujianti
Jurnal Preferensi Hukum Vol. 3 No. 2 (2022): Jurnal Preferensi Hukum
Publisher : Warmadewa Press
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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.
Tindak Pidana Penganiayaan Anak oleh Orang Tua Ditinjau dari Aspek Perlindungan Anak
I Ketut Detri Eka Adi Pranata;
I Nyoman Putu Budiartha;
I Made Minggu Widyantara
Jurnal Preferensi Hukum Vol. 3 No. 2 (2022): Jurnal Preferensi Hukum
Publisher : Warmadewa Press
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This study aims to analyze and describe the crime of child abuse by parents in terms of child protection aspects. Current developments bring about the evils that society suffers from: violent crimes and maltreatment. One of the most common are crimes involving child victims. Such cases are known as child abuse. Two main problems arise from this declaration. That is, the regulation of criminal sanctions for criminal acts committed by parents and legal protection of children who are abused within the meaning of the Child Protection Act. This investigation uses a normative legal investigation type with a legal and conceptual approach. This research is included in normative research, which is sourced from primary legal materials. Data were collected by using literature and document study methods. The results show that. The imposition of criminal sanctions on criminal acts committed by parents if they meet the elements of Article 76C is child protection against abuse of political activities, involvement in armed conflict, involvement in social unrest, and involvement in cases. From Law. Elements of violence, involvement in war and sex crimes.
Perlindungan Hukum Otoritas Jasa Keuangan terhadap Investor Pasar Modal atas Diberlakukannya Delisting Saham oleh Bursa Efek Indonesia
I Dewa Gede Angga Bhasudeva;
I Nyoman Putu Budiartha;
Ni Made Puspasutari Ujianti
Jurnal Preferensi Hukum Vol. 3 No. 2 (2022): Jurnal Preferensi Hukum
Publisher : Warmadewa Press
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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.
Penggunaan Layanan Aplikasi Pinjaman Kredit Online Ditinjau dari Perspektif Hukum Perjanjian
Kadek Anggik Dwiyanti;
I Nyoman Putu Budiartha;
Desak Gde Dwi Arini
Jurnal Preferensi Hukum Vol. 3 No. 2 (2022): Jurnal Preferensi Hukum
Publisher : Warmadewa Press
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This study aims to analyze and describe the validity of credit agreements through online applications and legal protection for injured parties in credit agreements through online applications. With the presence of fintech, it is caused by the transition from people's lifestyles that continue to develop. Online loan services are now starting to be widely discussed in the community. although with many acts of terror with unpleasant actions by using illegal online loans. In this case, the researcher uses normative or library methods, literature studies with secondary data such as laws, court decisions, and legal theories. With the results obtained in the study that the validity of the credit agreement cannot be separated from the validity of the agreement, namely in Article 1320 of the Civil Code through online applications, there are two types of protection for victims, where the first legal protection is preventive protection measures regulated in Article 29 POJK Number 77 /POJK.01/2016, while repressive protection for victims can file complaints and disputes can be resolved quickly. Complaints from users of Fintech services to platform organizers and immediately to take action.
Pengalihan Tanggung Jawab Pembayaran Utang Debitur Pinjaman Online kepada Ahli Waris
Audina Rahma;
I Nyoman Putu Budiartha;
Diah Gayatri Sudibya
Jurnal Preferensi Hukum Vol. 3 No. 2 (2022): Jurnal Preferensi Hukum
Publisher : Warmadewa Press
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Fintech Lending or Online Loans is an electronic media-based financial loan service that facilitates lenders and loan recipients through an application or website. All financial transactions are carried out under Electronic Contracts. Often the Online Loan Contract does not include a clause regarding the risks that may occur if the loan recipient (debtor) dies before the loan (receivable) is paid off. The problems in this study is the validity of the online loan agreement and the transfer of responsibility for paying debts from online loan debtors to their heirs. This study applies a normative method with a statutory and conceptual approach. The conclusion of this study is that the recipient of the loan/debtor is obliged to repay the money borrowed to the lender/creditor according to the amount and the agreed time period. The heirs can be held responsible for paying off debts when the heirs have stated that they have received the inheritance as referred to in Article 1045 of the Civil Code.