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All Journal Jurnal Konstruksi Hukum Jurnal Interpretasi Hukum Jurnal Preferensi Hukum (JPH)
I Wayan Arthanaya
Universitas Warmadewa
Law, Crime, Criminology & Criminal Justice Social Sciences

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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

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (160.402 KB) | DOI: 10.22225/jph.3.1.4677.161-164

Abstract

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.
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

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55637/jph.3.2.4920.229-234

Abstract

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.
Eksistensi Lembaga Pemberdayaan Masyarakat (LPM) dalam Mewujudkan Pembangunan Desa di Desa Datah, Kecamatan Abang, Kabupaten Karangasem I Gede Andik Surya Dana; Ida Ayu Putu Widiati; I wayan arthanaya
Jurnal Preferensi Hukum Vol. 3 No. 2 (2022): Jurnal Preferensi Hukum
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55637/jph.3.2.4938.324-329

Abstract

Community empowerment institutions are one form of village institutions in realizing community welfare. The welfare of people's lives must be realized by creating an equal distribution of rights and obligations of the surrounding community. The government in its efforts to realize it is ready with various program arrangements to support this. This research is focused on knowing the existence of Community Empowerment Institutions (LPM), as well as obstacles and efforts in realizing village development carried out by Community Empowerment Institutions (LPM) in Datah Village, Abang District, Karangasem Regency. The method used is an empirical legal approach by seeking information and data directly in the field. Research findings reveal that the existence of LPM in Datah village in village development still needs to be improved. The village government must try to find the obstacles or inhibiting factors that occur, as well as the efforts made so that the LPM program can be said to be effective in the context of village development that aims to prosper the community. Based on the results of the study, it can be concluded that the existence of LPM in Datah village has not had a significant impact and is fully felt by the community. The government needs to increase the empowerment of this institution so that it has a good influence on the progress of the local community.
Kajian Yuridis terhadap Produksi Minuman Fermentasi Khas Bali yang Tidak Memiliki Izin Edar Nyoman Satria Bismantara; Ida Ayu Putu Widiati; I Wayan Arthanaya
Jurnal Preferensi Hukum Vol. 3 No. 2 (2022): Jurnal Preferensi Hukum
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55637/jph.3.2.4942.347-351

Abstract

Currently, there is a rampant circulation of Balinese fermented drinks that do not have distribution permits. The Government of Indonesia has regulated regulations related to the circulation of fermented beverages that do not have a distribution permit in Presidential Regulation No. 74 of 2013 and Bali Provincial Governor Regulation No. 1 of 2020. Therefore, the purpose of this reserach is to examine the legal arrangements regarding the production of Balinese fermented drinks and to analyze law enforcement against Balinese fermented beverage business actors without a distribution permit. This reserach uses a normative legal research type, using a statutory approach and a conceptual approach. The sources of legal materials for this research are: primary, secondary and tertiary sources of legal materials. This research data collection technique is a literature reserach technique, namely by reviewing legal materials that intersect and then being categorized or classified and archived, written, quoted, summarized, investigated as needed with a qualitative approach. The researcher found that Legal arrangements regarding the production of Balinese fermented beverages are regulated in Bali Provincial Governor Regulation No. 1 of 2020. Bali Governor Regulation No. 1 of 2020 is a supporting factor for law enforcement because it is a reference for the law in addition to law enforcement factors, namely police officers in this case pamong praja police who have the task of supporting in organizing local government in the field of security and order and enforcement of local regulations in terms of controlling the circulation of alcoholic beverages.
Perlindungan Hukum terhadap Pekerja Perempuan di Anantara Uluwatu Bali Resort Ida Ayu Intan Surya Dewi; Ni Komang Arini Styawati; I Wayan Arthanaya
Jurnal Preferensi Hukum Vol. 3 No. 2 (2022): Jurnal Preferensi Hukum
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55637/jph.3.2.4945.364-369

Abstract

Development is very dependent on workers because workers/workers have a very important role as actors and the purpose of the development of legal protection, in this case, becomes essential to protect the rights of workers. The Covid-19 pandemic adds to the burden carried by female workers because of the change in the work system to work from home. Despite working, female workers are also burdened by household chores. In addition, other contributing factors that make women workers more vulnerable to layoffs are because women are considered physically and mentally weak, violence and discrimination. The purpose of this research is to describe the implementation of the regulations for women workers at the Anantara Uluwatu Bali Resort Hotel and to discuss the obstacles to the legal protection of women workers at the Anantara Uluwatu Bali Resort. The research method used is empirical legal research. Sources of legal material for empirical research usually come from interviews and observations which are the main sources of material, while sources of supporting materials are books and legal journals. The data collection technique was carried out through observation, accompanied by notes on the condition or behavior of the target object using documentation research techniques, and interview techniques. female workers who are pregnant until delivery, and rest periods. The rights and obligations of women workers at the Anantara Hotel Uluwatu Bali Resort are running well.
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