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All Journal Jurnal Konstruksi Hukum Jurnal Interpretasi Hukum Jurnal Preferensi Hukum (JPH)

I Wayan Arthanaya

Universitas Warmadewa

Author-ID : 3410358

Law, Crime, Criminology & Criminal Justice Social Sciences

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Pelanggaran Tindak Pidana Lalu Lintas yang di Lakukan oleh Seorang Warga Negara Asing (WNA) di Kawasan Badung Bali yang Mengakibatkan Hilangnya Nyawa Seseorang Dewa Gede Dirgayusa Werdi Bumi; Anak Agung Sagung Laksmi Dewi; I Wayan Arthanaya
Jurnal Konstruksi Hukum Vol. 3 No. 2 (2022): Jurnal Konstruksi Hukum
Publisher : Warmadewa Press

Bali is a well-known tourist destination in the international world. In supporting their daily activities, not a few foreign tourists use vehicles individually. And not a few tourists who violate traffic. The occurrence of traffic violations on the highway tends to allow accidents. The purpose of this research is to discuss the regulation of the rights of foreign nationals who commit traffic violations that result in the loss of a person's life and to examine the criminal factors against foreign nationals who commit traffic violations resulting in the loss of a person's life. This research uses empirical legal research methods using a juridical and sociological approach. The sources of legal materials used in this research are primary, secondary and tertiary sources. Data collection techniques in this research used interview techniques and note-taking and documentation techniques. The results of this research explain that foreign nationals have rights as witnesses in a process of proving a criminal case which is regulated in the provisions of Article 26 paragraph (2) of the 1945 Constitution of the Republic of Indonesia which is specifically regulated regarding rights as citizens. Foreign. The lack of law enforcement against foreigners driving in the territory of Indonesia, especially Bali, is a factor causing accidents. It is hoped that the government will be able to tighten the enforcement of rules against foreigners driving in Indonesian territory and for rental parties to pay more attention to driving requirements for foreigners.

Perlindungan Hukum Terhadap Bumdes Simpan Pinjam dalam Perkara Kredit Macet yang Disebabkan Adanya Wanprestasi oleh Debitur di Desa Kesimpar Karangasem I Putu Utama Putra; I Nyoman Putu Budiartha; I Wayan Arthanaya
Jurnal Interpretasi Hukum Vol. 2 No. 3 (2021): Jurnal Interpretasi Hukum
Publisher : Warmadewa Press

Village-owned enterprises are mostly owned by the village through direct participation originating from the wealth of the village itself. The purpose of establishing a village-owned enterprise is to create job vacancies for the community and as a result increase the income of the village itself. Of course, in establishing BUMdes, you must follow the procedures as they are regulated in the village law. This study aims to examine the legal protection of BUMdes savings and loans against bad credit cases in Kesimpar Village and reveal the settlement of bad loans in BUMdes Kesimpar Village. This study uses empirical legal research and the problem approach used is the legislative and conceptual approach. The sources of data used are primary data, namely interviews with related parties and secondary data including legislation. Data were collected by means of interviews obtained with informants in the BUMdes Panca Datu, Kesimpar Village. Furthermore, the data were analyzed qualitatively and then concluded inductively. The results of the study reveal that the legal protection of BUMdes savings and loans in the case of bad loans caused by default by debtors in Kesimpar Karangasem Village is holding on to the agreement letter and legal protection for BUMdes is regulated in Bali Governor Regulation Number 44 of 2017, Law of the Republic of Indonesia Number 10 1998, Law Number 4 of 1996 and efforts to settle bad loans at BUMDES Panca Datu through repressive means.

Penentuan Nilai Pemungutan Pajak Bea Perolehan Peralihan Tanah oleh Pemerintah dalam Penyelenggaraan Otonomi Daerah I Gde Chandra Astawa Widhiasa; I Wayan Arthanaya; Luh Putu Suryani
Jurnal Preferensi Hukum Vol. 1 No. 2 (2020): Jurnal Preferensi Hukum
Publisher : Warmadewa Press

One of the authorities possessed by the regional government is in terms of tax collection, one of which is the Land Title Acquisition Fees (BPHTB) carried out by the Regional Revenue Agency. The legal basis is Law Number 28 of 2009. The proceeds of the revenue which constitute state revenue are handed over to the regional government to finance development in the regions and realize regional autonomy. This study aims to identify and describe the basis for local government regulations to determine the value of an object of land rights as a tax object and to regulate the authority to collect BPHTB in relation to local regulations. Researchers used an empirical method, namely an approach with legal aspects from the results of research in the field through data collected through interviews and observations. The results of research which are based on BPHTB which are the final results of BPHTB are the results of the Acquisition of Tax Objects (NPOP). NPOP is stipulated in Article 87 of Law No.28 of 2009 concerning Regional Taxes and Regional Levies. Fees for acquisition of land rights that were not previously imposed in the case of transfer, with the issuance of Law Number 21 of 1997 which was later bound by Law Number 21 of 2000 which gave regional government authority to impose it.

Penggunaan Anggaran Pendapatan dan Belanja Negara (APBN) dalam Pelaksanaan Pemilihan Umum Ulang I Kadek Andika Setiawan; I Gusti Bagus Suryawan; I Wayan Arthanaya
Jurnal Preferensi Hukum Vol. 2 No. 1 (2021): Jurnal Preferensi Hukum
Publisher : Warmadewa Press

A failed general election will result in a re-election and will certainly require additional budget. The purpose of this research is to find out the mechanism for the implementation of the re-election and to analyze the use of the State Revenue and Expenditure Budget in the implementation of the re-election. The research method used is normative legal research with a statutory approach and a conceptual approach. The results of this study indicate that the mechanism for implementing the re-election is a dispute over the results of the disputed General Election, by presidential candidates and members of the legislative candidates through the Constitutional Court decision. The mechanism for the provision of funds from the State Revenue and Expenditure Budget in the implementation of the re-General Election is the submission of additional costs by the General Election Commission to the Budget Institution and the Budget Department to revise the budget for the implementation of General Elections that are undergoing re-election.

Implemetasi Pengaturan Pemberian Bantuan Sosial dalam Era Pandemi COVID-19 di Desa Adat Kuta Ni Komang Ayu Febriyanti; I Wayan Wesna Astara; I Wayan Arthanaya
Jurnal Preferensi Hukum Vol. 2 No. 2 (2021): Jurnal Preferensi Hukum
Publisher : Warmadewa Press

Public welfare is an effort made by the government which aims to improve the welfare of the community through social services and has a broad scope. The outbreak of the covid-19 virus in Indonesia resulted in the central government issuing policies on efforts to prevent the spread of the covid-19 virus which must be implemented by local governments. The purpose of this research is to reveal the arrangement of local government assistance funds in order to tackle covid-19 in the Kuta Traditional Village and the implementation of the provision of social assistance funds distributed to the community in the context of the Covid-19 pandemic. The method used is empirical legal research with a sociological approach. Sources of legal materials are primary, secondary and tertiary which are obtained directly through field research. The legal materials obtained then analyzed using qualitative descriptive techniques. The results of this research concluded that Kuta Traditional Village is not qualified in providing assistance considering that what was seen was the aspect of equality of indigenous peoples and agencies and the need for an organization and an implementation system so that the provision of social assistance can proceed well.

Pengadaan Sarana Saluran Air Bersih Antara CV. Bangun Cemerlang dengan PDAM Kota Negara Menurut Perpres Nomor 16 Tahun 2018 I Putu Bagus Ariana; I Nyoman Putu Budiartha; I Wayan Arthanaya
Jurnal Preferensi Hukum Vol. 2 No. 2 (2021): Jurnal Preferensi Hukum
Publisher : Warmadewa Press

Water is one of the vital resources for human life and nature. On a wider scale, clean water is essential for social and economic development. This research aims to determine the form of cooperation between PDAM and Cv. Bangun Cemerlang whether it is in accordance with PERPRES Number 16 of 2018. This research method is normative law using a conceptual approach and a statutory approach. Before being used for living purposes, water must first be processed to benefit public health. In this case, the role of the Government is required in regulating and managing the fulfillment of clean water needs for the community through an important production branch of the government, namely the Regional Drinking Water Company (PDAM). The results of this study indicate that the collaboration between the government and Cv. Bangun Cemerlang has taken place in accordance with applicable regulations and in accordance with PERPRES Number 16 of 2018. In accordance with applicable laws and regulations in Indonesia, the government is responsible for the quality of water that reaches the public and the public can make complaints to the government as a form of service protest. given with the aim that in the future it can provide better service

Pengaturan dan Penegakan Hukum Pedagang Kaki Lima di Kota Denpasar I Ketut Cahaya Rai Siwi; I Wayan Arthanaya; Luh Putu Suryani
Jurnal Preferensi Hukum Vol. 2 No. 3 (2021): Jurnal Preferensi Hukum
Publisher : Warmadewa Press

Although unlike big cities in Indonesia where the control of street vendors (PKL) is much highlighted by the local government to maintain cleanliness and public order, Denpasar City should start taking into account the presence of street vendors (PKL). For this reason, it is very important to regulate, organize and enforce the law for street vendors (PKL) so that there is order and firmness in its implementation. The purpose of this study is to analyze the regulation of street vendors in Denpasar City and the law enforcement of street vendors in Denpasar City. The type of research used in this research is normative legal research using primary and secondary legal materials. The collection of legal materials is done by reading, researching, understanding and analyzing books or literature, legal provisions, essays, magazines or other forms of information which are then analyzed systematically. The results of the study indicate that the regulation of street vendors in Denpasar City is regulated in the Denpasar City Regulation Number 2 of 2015 concerning PKL. The scope of regulation includes structuring and empowering street vendors. Law enforcement for street vendors includes Preventive Efforts which include providing suggestions or solutions to find vacant land owned by residents who have not been utilized, Counseling by Satpol PP officers. Repressive efforts include actions to stop violations of regional regulations in addition to waiting for the leadership's decision, in this case the mayor's decision and violators of regional regulations to be investigated directly by the PPNS for further processing in the Minor Crime Court

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

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

Kajian Yuridis Mengenai Legalitas Cryptocurrency di Indonesia Ida Ayu Samhita Chanda Thistanti; I Nyoman Gede Sugiartha; I Wayan Arthanaya
Jurnal Preferensi Hukum Vol. 3 No. 1 (2022): Jurnal Preferensi Hukum
Publisher : Warmadewa Press

Technological advances in the world are very helpful in payment systems that are safe, fast and confidential. Currently, it has also given birth to a rapidly growing currency, namely cryptocurrency, but Indonesia still does not have definite regulations regarding the use of cryptocurrencies. The purposes of this research are to examine the regulation of cryptocurrency legality based on the Indonesian Positive Law and to examine the legal sanctions in the event of a criminal use of cryptocurrency in Indonesia. The method used is normative legal research with a statutory approach. The legal materials used are primary and secondary legal materials that have authoritative properties. To obtain valid data in the field, the researcher uses library techniques, recording techniques, and combines it with normative legal research and makes a law that is both inductive and deductive. The data were analyzed by legal argumentation and descriptive analysis to obtain a systematic comprehensive picture. The results of the study reveal that the regulation of the legality of using cryptocurrencies in Indonesia is no longer referred to as “digital money”, but “commodities” regulated by the Commodity Futures Trading Regulatory Agency in CoFTRA rules No. 3 of 2019 and CoFTRA No. 5 of 2019. It is expected that policy holders will issue strict regulations and sanctions related to the use of crypto currency for crimes against the use of cryptocurrencies for the public and investors as users of Crypto Assets in Indonesia.

Kajian Yuridis Terhadap Perubahan Nama pada Seseorang di Kabupaten Badung Putu Gede Surya Dharma Sadana; Ni Luh Made Mahendrawati; I Wayan Arthanaya
Jurnal Preferensi Hukum Vol. 3 No. 1 (2022): Jurnal Preferensi Hukum
Publisher : Warmadewa Press

The number of changes in the name of a person in Badung Regency which has an impact on the preparation of an administrative system, deserves the attention of the government. This is the case in this study, namely the regulation of changing the name of a person in Badung Regency and the legal consequences of changing the name of a person in Badung Regency. The purposes of this study are to analyze the regulation of changing someone's name in Badung Regency and the legal consequences of changing someone's name in Badung Regency. The type of research used in this study is a normative legal research type with a statutory, conceptual and case approach. Data collection techniques are carried out through documentation studies and literature studies by collecting legal sources in the form of primary and secondary legal sources. After the data has been collected, it is then analyzed using interpretive interpretation techniques and presented in descriptive form. The results of the study revealed that the name change was carried out based on the determination of the district court where the applicant was. Next, the change of name must be registered by the person who changed his name to the civil registry that issued the civil registration deed at least 30 days after the resident received a copy of the district court decision. The next civil registry will make marginal notes on the register of civil registration deeds and quotations of civil registration deeds.

Co-Authors Ade Marcelian Pande Anak Agung Sagung Laksmi Dewi Cokorda Gede Wirasatya Pradana Dewa Gede Dirgayusa Werdi Bumi I Gde Chandra Astawa Widhiasa I Gede Andik Surya Dana I Kadek Andika Setiawan I Ketut Cahaya Rai Siwi I Made Deni Pramudya Adi Putra I Nyoman Gede Sugiartha I Putu Bagus Ariana I Putu Utama Putra I Wayan Wesna Astara Ida Ayu Intan Surya Dewi Ida Ayu Samhita Chanda Thistanti Luh Made Mahendrawati Ni Komang Arini Styawati Ni Komang Ayu Febriyanti Nyoman Satria Bismantara Putu Budiartha, I Nyoman Putu Gede Surya Dharma Sadana Putu Suryani . suryawan, Gusti Bagus Widiati, Ida Ayu Putu

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