Articles
<![CDATA[Tinjauan Yuridis Terhadap Tindak Pidana Pemerkosaan yang Menyebabkan Kematian (Studi) Kasus Pengadilan Negeri Kendal ]]>
<![CDATA[Pande Komang Satya Parama Hamsa]]>;
<![CDATA[I Nyoman Gede Sugiartha]]>;
<![CDATA[Ni Made Sukaryati Karma]]>
<![CDATA[ Jurnal Preferensi Hukum Vol. 2 No. 3 (2021): Jurnal Preferensi Hukum ]]>
Publisher : <![CDATA[Warmadewa Press ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
Full PDF (194.472 KB)
|
DOI: 10.22225/jph.2.3.3983.472-477
<![CDATA[Rape is a serious crime because it harms the victim, disturbs the future, and causes a very bad influence on the victim, even death. The purpose of this study is to reveal the criminal sanctions against the crime of rape that causes death and the judge's considerations in deciding the crime of rape that causes death. The method used in this research is normative research with a case and legislation approach. Sources of legal materials used in the form of secondary and primary legal sources which are then analyzed descriptively. The results of the study revealed that the perpetrator violated the provisions of Article 285 , 288 paragraph (3), 359, 291 paragraph (2) of the Criminal Code, Article 76D and 81 paragraph (1) of Law Number 35 of 2014 on amendments to the Law. Number 23 of 2002 concerning Child Protection, and violates the provisions of Article 71 of Law no. 11 of 2012 concerning the Juvenile Criminal Justice System. The judge sentenced the defendant to 4 years in prison.]]>
<![CDATA[Perlindungan Hukum Hak-Hak Narapidana Anak di Lembaga ]]>
<![CDATA[Komang Angga Pradana]]>;
<![CDATA[I Nyoman Gede Sugiartha]]>;
<![CDATA[Diah Gayatri Sudibya]]>
<![CDATA[ Jurnal Preferensi Hukum Vol. 2 No. 3 (2021): Jurnal Preferensi Hukum ]]>
Publisher : <![CDATA[Warmadewa Press ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
Full PDF (174.875 KB)
|
DOI: 10.22225/jph.2.3.3993.513-518
<![CDATA[Acts against the law against children are now increasing in the country, children are one of the creations of God Almighty as his creation with the age of children under 18 years old or unmarried are still unstable towards behavior, their emotions are still unstable should be more receive full attention in correctional institutions. This study aims to analyze the regulation of the child education system in special coaching institutions and legal protection for child prisoners in special coaching institutions. This type of research uses the normative method, using the Legislative and Conceptual approach. The sources of legal materials used are primary and secondary legal sources. The technique of collecting data on legal materials used is through recording, namely by quoting. The analysis of legal materials used in this research is descriptive-qualitative. The results of the study reveal that the justice and education system is regulated in the Law of the Republic of Indonesia Number 11 of 2012 concerning the Juvenile Criminal Justice System while the legal protection of children is regulated in the Law of the Republic of Indonesia Number 35 of 2014 amendments to Law Number 23 of 2002 concerning Child protection. Correctional officers should better understand and adapt to the conditions and situations of Indonesia without ignoring the methods or procedures for protection carried out by other countries that should be considered and imitated.]]>
<![CDATA[Sanksi Pidana Terhadap Pelaku Pemalsuan Surat Rapid Test di Masa Pandemi Covid- 19 ]]>
<![CDATA[I Kadek Candra Karunia Bagiarta Putra Sugiantara]]>;
<![CDATA[I Nyoman Gede Sugiartha]]>;
<![CDATA[Ida Ayu Putu Widiati]]>
<![CDATA[ Jurnal Preferensi Hukum Vol. 2 No. 3 (2021): Jurnal Preferensi Hukum ]]>
Publisher : <![CDATA[Warmadewa Press ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
Full PDF (168.051 KB)
|
DOI: 10.22225/jph.2.3.3995.525-529
<![CDATA[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.]]>
<![CDATA[Putusan Sela Perkara Perdata Bila Penggugat Asal Meninggal Dunia ]]>
<![CDATA[I Kadek Agus Widiastika Adiputra]]>;
<![CDATA[I Nyoman Gede Sugiartha]]>;
<![CDATA[I Made Minggu Widyantara]]>
<![CDATA[ Jurnal Preferensi Hukum Vol. 2 No. 3 (2021): Jurnal Preferensi Hukum ]]>
Publisher : <![CDATA[Warmadewa Press ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
Full PDF (214.648 KB)
|
DOI: 10.22225/jph.2.3.4021.588-593
<![CDATA[The decision of the Panel of Judges on Civil Case No. 414/Pdt.G/2019/PN Dps, which continued the trial and set an interim decision even though one of the plaintiffs had died, contradicted the Jurisprudence of the Supreme Court of the Republic of Indonesia Number 431K/Sip/1973, dated May 9, 1974. This study aimed to examine the setting of interlocutory decisions on the civil procedural law and examine the judge's considerations in determining the continuation of the trial process in the case of decision Number: 414/Pdt.G/2019/PN Dps when the original plaintiff died. This research was designed by using normative legal research and legislation approaches. The data used were primary and secondary legal data collected through documentation techniques by processing and analyzing legal literature that had been collected using legal arguments. The results of the study indicated that the provision of interlocutory decisions was regulated in Article 185 HIR/196 RBg. Interlocutory decisions could be divided into 4 groups, namely preparatory, interlocutor, incidental, and provisional. The judges' considerations in civil cases Number: 414/Pdt.G/2019/PN Dps The Intervenient asked the Panel of Judges to be given the position of a Plaintiff-Intervenor based on the legal basis of disputes over property rights, over the land and buildings on it with the Intervenient's position as a buyer in good faith.]]>
<![CDATA[Sanksi Pidana Terhadap Pencurian Ikan (Ilegal Fishing) di Laut Indonesia yang Dilakukan oleh Kapal Asing ]]>
<![CDATA[I Nyoman Rama Cahyadi Putra]]>;
<![CDATA[I Nyoman Gede Sugiartha]]>;
<![CDATA[Luh Putu Suryani]]>
<![CDATA[ Jurnal Preferensi Hukum Vol. 2 No. 3 (2021): Jurnal Preferensi Hukum ]]>
Publisher : <![CDATA[Warmadewa Press ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
Full PDF (175.248 KB)
|
DOI: 10.22225/jph.2.3.4024.603-608
<![CDATA[Illegal fishing is fishing that is done illegally. The illegal domain is meant because it is contrary to the methods that have been prohibited in the law, both in terms of actions that can damage the sustainability of the fish ecosystem, which in this case is using fishing gear that can damage the condition of the aquatic ecosystem or fishing without having a fishing license which is also the realm of illegal fishing. In criminal acts, some acts are against criminal law. Criminal law is divided into two parts, namely objective criminal law and subjective criminal law. Sentencing is one of the efforts made by the state to change the behavior of a prisoner so that he can change and later return to society to become a better person. This study aimed to examine the regulation of illegal fishing carried out by foreign vessels in Indonesian seas and to reveal criminal sanctions against perpetrators of illegal fishing in the sea carried out by foreign vessels. This research was designed by using normative research with a statutory approach as well as a conceptual approach. The sources of legal materials consisted of primary and secondary legal materials. The collection of legal materials was done by collecting legal materials that were related to the material discussed. The technique of analyzing legal materials used a descriptive analysis system. Of the results of data analysis, it is discovered that fish theft occurs because of fishing without procedures that have been established in Indonesian waters and can be subject to sanctions in the form of imprisonment and fines.]]>
<![CDATA[Kajian Yuridis Mengenai Legalitas Cryptocurrency di Indonesia ]]>
<![CDATA[Ida Ayu Samhita Chanda Thistanti]]>;
<![CDATA[I Nyoman Gede Sugiartha]]>;
<![CDATA[I Wayan Arthanaya]]>
<![CDATA[ Jurnal Preferensi Hukum Vol. 3 No. 1 (2022): Jurnal Preferensi Hukum ]]>
Publisher : <![CDATA[Warmadewa Press ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
Full PDF (227.969 KB)
|
DOI: 10.22225/jph.3.1.4592.7-11
<![CDATA[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.]]>
<![CDATA[Tinjauan Yuridis Terhadap Upacara Ngaben (Pitra Yadnya) di Masa Pandemi Covid-19 dan Pelaksanaan Pemberlakuan Pembatasan Kegiatan Masyarakat (PPKM) di Provinsi Bali ]]>
<![CDATA[Ni Kadek Madya Yani]]>;
<![CDATA[I Nyoman Gede Sugiartha]]>;
<![CDATA[Diah Gayatri Sudibya]]>
<![CDATA[ Jurnal Preferensi Hukum Vol. 3 No. 1 (2022): Jurnal Preferensi Hukum ]]>
Publisher : <![CDATA[Warmadewa Press ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
Full PDF (166.704 KB)
|
DOI: 10.55637/jph.3.1.4594.17-21
<![CDATA[PPKM has been the policy of the Government of Indonesia to combat the Covid-19 pandemic since the beginning of 2021. PPKM has a great influence in the Ngaben ceremony. Ngaben is a ceremony to purify spirits and smelting corpses by burning the bodies of people who have died. This study aims to examine the legal regulation of PPKM in relation to the Ngaben ceremony in Bali and to uncover legal sanctions against people who violate PPKM during the Ngaben ceremony in Bali. This research is designed with normative legal research with legislation approach and case approach. Sources of data used are primary and secondary data obtained through library research techniques. After the data is collected, it is then processed and analyzed descriptively qualitatively. The results of the study show that there are legal arrangements and sanctions for PPKM violators in relation to the Ngaben ceremony, namely the Instruction of the Minister of Home Affairs Number 35 of 2021 and the Governor's Circular Letter Number 12 of 2021.]]>
<![CDATA[Tindak Pidana Pembunuhan oleh Ibu Terhadap Anak Kandung (Studi Putusan No. 80/Pid.Sus/2018/PN Gianyar) ]]>
<![CDATA[Ida Ayu Made Wahyuni Dewi]]>;
<![CDATA[I Nyoman Gede Sugiartha]]>;
<![CDATA[Ni Made Sukaryati Karma]]>
<![CDATA[ Jurnal Preferensi Hukum Vol. 3 No. 1 (2022): Jurnal Preferensi Hukum ]]>
Publisher : <![CDATA[Warmadewa Press ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
Full PDF (159.79 KB)
|
DOI: 10.22225/jph.3.1.4619.22-25
<![CDATA[The crime of murder is an act against the law that has the aim of taking a person's life, children can also become victims. This study aims to examine the regulation of the crime of murder by a mother against her biological child in Decision No. 80/Pid.Sus/2018/PN Gin and examine the judge's considerations in making a decision against the perpetrator of the crime of murder by the mother of her biological child in decision No. 80/Pid.Sus/2018/PN Gin. This research is designed with a normative research approach to legislation and a case approach. The data sources used are primary and secondary legal data obtained from several related sources using field observation and documentation techniques, then the data is processed and analyzed qualitatively descriptively. The results show that the regulation of the crime of murder by a mother against her child is regulated in Article 80 paragraph (3), (4) of Law No. 35 of 2014 Amendment to Law No. 23 of 2002 on Child Protection regarding violence against children that causes death. The judge's consideration in making the decision No. 80/Pid.Sus/2018/PN Gin, the judge considered the legal facts obtained from the defendant, witnesses and evidence.]]>
<![CDATA[Tanggung Jawab Pelaku Usaha terhadap Harga Eceran Obat yang Dijual Kepada Konsumen Melebihi Harga Standar ]]>
<![CDATA[I Kadek Bayu Antara]]>;
<![CDATA[I Nyoman Gede Sugiartha]]>;
<![CDATA[Desak Gde Dwi Arini]]>
<![CDATA[ Jurnal Preferensi Hukum Vol. 3 No. 1 (2022): Jurnal Preferensi Hukum ]]>
Publisher : <![CDATA[Warmadewa Press ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
Full PDF (164.65 KB)
|
DOI: 10.22225/jph.3.1.4624.54-59
<![CDATA[Setting a standard retail price on drug packaging is something that must be done for every drug maker, if the product packaging does not state the standard retail price or when buying and selling takes place does not heed the contents of the relevant law, the government will carry out guidance and supervision of drug maker or seller. The purposes of this study are to reveal the protection of drug consumers who consume drugs whose prices exceed the standard retail price and the responsibility of business actors to the retail prices of drugs sold to consumers that exceed the standard price. This type of research uses a normative legal research type with a case and legislation approach. The sources of legal materials used by the author are primary and secondary legal materials with inventory collection techniques presented in qualitative form. The results of the study reveal that legal protection for consumers against the retail price of drugs sold to consumers exceeds the standard price is divided into two, namely preventive legal protection and repressive legal protection. The responsibility of the drug seller who exceeds the standard retail price is to provide compensation, either in the form of a refund for the purchase of drugs, giving exchange for drugs that have the same use which is equivalent in price. The provision of compensation must be carried out for a maximum of 7 (seven) which starts from the time the sale and purchase agreement occurs.]]>
<![CDATA[Kebijakan Tata Kelola Limbah Rumah Tangga, dalam Rangka Pencegahan Pencemaran Lingkungan (Studi Kasus di Lingkungan Kelurahan Pedungan Kecamatan Denpasar Selatan Kota Denpasar) ]]>
<![CDATA[Pande Nyoman Jaya Budiarta]]>;
<![CDATA[. I Nyoman Putu Budiartha]]>;
<![CDATA[I Nyoman Gede Sugiartha]]>
<![CDATA[ Jurnal Preferensi Hukum Vol. 3 No. 1 (2022): Jurnal Preferensi Hukum ]]>
Publisher : <![CDATA[Warmadewa Press ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
Full PDF (206.865 KB)
|
DOI: 10.22225/jph.3.1.4628.78-83
<![CDATA[The increase in the total population is in line with the increase in the total waste created. Garbage is the main problem observed through the development of the total population, so that policies are needed to overcome this, one of which is the policy of managing household waste. The purposes of this study are to reveal the policy of the Head of Pedungan Village in managing household waste in Pedungan Village and the application of Denpasar Mayor Regulation No. 11 of 2016 concerning procedures for processing and disposing of waste in Denpasar City, especially in Pedungan Village. The method in this research is empirical law which approaches facts, cases, as well as sociological, conceptual and statutory approaches. The technique of collecting legal materials is obtained directly through respondents through interviews. Sources of legal materials used are primary and secondary, then analyzed descriptively qualitatively. The findings indicate that in the Denpasar City area, especially in the Pedungan Village area, it has been implemented related to managing household waste that prevents environmental pollution through the issuance of policies related to the Decree of the Head of the Pedungan Village Number: 660/04/I/2019 concerning the Management Structure of the Asri Waste Bank in the Kelurahan. shelter. The implementation of this policy needs to be improved because public knowledge and awareness is still low on household waste management]]>
