Articles
Penyelenggaraan Operasional Anggota Patroli Jalan Raya dalam Melaksanakan Tugas Pengawalan VVIP Maupun VIP di Wilayah Hukum Polda Bali Menurut Undang-undang Nomor 22 Tahun 2009
Berliana Indah Sari;
Anak Agung Sagung Laksmi Dewi;
I Made Minggu Widyantara
Jurnal Preferensi Hukum Vol. 2 No. 3 (2021): Jurnal Preferensi Hukum
Publisher : Warmadewa Press
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
In the jurisdiction of the Bali Police, there are also VIP and VVIP escorts which are special escorts from the Police for working visits of government officials visiting the Unitary State of the Republic of Indonesia. In carrying out these mentoring activities, it must be in accordance with the established Standard Operating Procedure (SOP). This study aimed to examine the legal arrangements regarding the security of escorts carried out by Polri members on the way to their destination and reveal the sanctions received by Polri members in carrying out escorts that are not in accordance with Standard Operating Procedures. This study used a normative legal approach to problems and legislation. Sources of data used were primary data and secondary data obtained through reading and taking notes. Furthermore, the data were analyzed descriptively qualitatively. The results of the study indicated that the right to escort is also regulated in Law No. 22 of 2009 Article 134 concerning Road Traffic and Transportation. Sanctions received by Polri members who do not enforce discipline in escort are contained in Government Regulation of the Republic of Indonesia Number 2 of 2003 concerning Discipline of Polri Members or sanctions for violating the implementation of Polri's professional code of ethics as regulated in National Police Chief Regulation Number 14 of 2011 concerning Polri's Professional Code of Ethics.
Peranan Intelijen Kejaksaan dalam Pengungkapan Kasus Tindak Pidana Korupsi
I Made Dwi Narendra Dananjaya;
Anak Agung Sagung Laksmi Dewi;
I Made Minggu Widyantara
Jurnal Preferensi Hukum Vol. 3 No. 1 (2022): Jurnal Preferensi Hukum
Publisher : Warmadewa Press
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
Corruption is a crime that is very detrimental to the community's economy which causes social inequality as a result of the corruption. Therefore, the role of the prosecutor's intelligence in disclosing corruption cases is very necessary to eradicate corruption in Indonesia. This study aims to examine the role of Buleleng State Prosecutor's Intelligence in disclosing corruption cases and uncover the obstacles faced by Buleleng State Prosecutor's Intelligence in disclosing corruption cases. The type of research used is empirical legal research with a statutory approach, carried out by analyzing an applicable regulation whether it is effective in the field. Sources of data used are primary and secondary data, and data collected by interview and observation techniques. Furthermore, it is processed qualitatively descriptively. The results of the study indicate that the role of the prosecutor's intelligence in corruption cases has several obstacles in its performance to eliminate corruption in Indonesia due to several factors that occur in the field of course this is detrimental to the community and also related agencies.
Pelaksanaan Ketentuan Penggunaan Tenaga Kerja Asing pada Hotel Area Sanur di Kota Denpasar
Ni Wayan Regina Novyanti;
Anak Agung Sagung Laksmi Dewi;
Luh Putu Suryani
Jurnal Preferensi Hukum Vol. 3 No. 1 (2022): Jurnal Preferensi Hukum
Publisher : Warmadewa Press
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
Based on observations at the hotel in the Sanur area, there were several foreign workers working at the hotel before the permit was approved. This study aims to examine the implementation of the provisions on the use of foreign workers and examine the obstacles in implementing the provisions on the use of foreign workers at hotels in the Sanur area. This research method is empirical legal research with a statutory approach. There are two sources of data used, namely primary and secondary legal materials. To obtain valid data, the researchers used observation and interview techniques. Research data that has been collected, processed and analyzed qualitatively descriptive. The results show that special requirements such as foreign workers must have specific skills, companies that guarantee foreign workers must have a permit to employ foreign workers and foreign workers must meet immigration requirements such as passports, visas and KITAS. The use of foreign workers in hotels in the Sanur area of ​​Denpasar City is quite good, but there are obstacles in implementing the provisions for the use of foreign workers in hotels in the Sanur area when foreign workers are needed urgently so that they take a shortcut by extending a Visit Visa when the work visa has expired. The suggestion is that companies in Indonesia should prioritize competent local workers and follow the rules regarding the use of foreign workers.
Pelaksanaan Perlindungan Terhadap Pekerja Anak Pada Usaha Asongan di Pasar Senggol Tabanan
Ni Luh Putu Yosi Pratiwi;
Anak Agung Sagung Laksmi Dewi;
Ni Made Sukaryati Karma
Jurnal Preferensi Hukum Vol. 3 No. 1 (2022): Jurnal Preferensi Hukum
Publisher : Warmadewa Press
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
Legal protection for children carried out in the Sengol market is based on the presence of children who work to meet the economic needs of the family which is quite difficult or because of other factors. A legal protection is the right for everyone, including children who have done work due to certain factors. However, at present the protection of child labor does not receive effective attention. Based on these problems, the purposes of this study are to reveal the implementation of legal protection for child labor in the hawker business in the Senggol Tabanan market and the inhibiting factors for the implementation of the legal protection for child labor in the hawker business in the Senggol Tabanan market. This research method is an empirical legal research with a case and legislation approach. Data collection techniques were carried out by observation and library techniques. The data sources used are primary and secondary legal sources which are then analyzed qualitatively and then the data is presented descriptively and systematically. The findings reveal that the legal protection intended for child labor in the Senggol Tabanan market is not effective in its implementation due to economic factors that are the reason the child has to work, as well as weak coordination and poor cooperation between related parties such as entrepreneurs, people parents, society, government, as well as internal factors that hinder the legal protection of child labor originating from child labor itself and external factors originating from structural, substance, and cultural factors.
Perlindungan Hukum Terhadap Pekerja Akibat Pelanggaran Pemberian Tunjangan Hari Raya Keagamaan pada Masa Pandemi Covid-19
Ida Ayu Vera Wirya Paramita;
Anak Agung Sagung Laksmi Dewi;
Luh Putu Suryani
Jurnal Preferensi Hukum Vol. 3 No. 1 (2022): Jurnal Preferensi Hukum
Publisher : Warmadewa Press
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
Currently, various countries around the world are busy with activities to combat the transmission of the Covid-19 virus pandemic, especially in Indonesia, several companies engaged in industry and tourism in Indonesia in terms of providing holiday allowances (THR) are currently considered very burdensome for companies and businesses. implementation is still far from expectations. The purposes of this study are to examine the legal arrangements for the provision of religious holiday allowances to workers during the Covid-19 pandemic and legal protection for workers due to violations of the provision of religious holiday allowances during the Covid-19 pandemic. This research is a normative legal research with a conceptual approach and legislation. The technique of collecting legal materials is done by using library techniques. Sources of legal materials used in the form of primary and secondary legal sources. The data analysis technique was carried out qualitatively and presented in descriptive form. The results of the study reveal that legal arrangements regarding the provision of religious holiday allowances for workers in companies during the Covid-19 pandemic are regulated in Article 2 of the Regulation of the Minister of Manpower No. 6 of 2016 and strengthened implementing regulations through the Minister of Manpower Decree No. M/6/HK.04/IV/2021 2021 that the provision of religious holiday allowances to workers in the Covid-19 situation will continue to be carried out.
Penghapusan Kekerasan Seksual malam Melindungi Korban Pelecehan Seksual Secara Verbal (Catcalling) di Indonesia
Anak Agung Ayu Wulan Pramesti Puja Dewi;
Anak Agung Sagung Laksmi Dewi;
Luh Putu Suryani
Jurnal Preferensi Hukum Vol. 3 No. 1 (2022): Jurnal Preferensi Hukum
Publisher : Warmadewa Press
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
Catcalling is a type of verbal sexual harassment in public spaces that often occurs without the victim realizing it. The lack of clarity on the legal basis for handling catcalling in the settlement of cases has resulted in victims being afraid to report to the authorities. The purposes of this study are to analyze the legal regulation of sexual violence in protecting victims of verbal sexual harassment in Indonesia and the form of eliminating sexual violence in protecting victims of verbal sexual harassment (catcalling). This research method is normative legal research with a statutory approach, a conceptual approach, and a case approach. The technique of collecting legal materials used in this paper is through documentation study techniques. The sources of law used are primary, secondary, and tertiary sources of law. After the data is collected, then it is analyzed systematically. The results of the study reveal that there is no statutory regulation that explicitly regulates catcalling. However, catcalling can be classified as a criminal act because it has fulfilled the elements, principles of criminal law, and the values ​​contained in Article 218 of the Criminal Code and Article 9 in conjunction with Article 35 of Law Number 44 of 2008 concerning pornography. The form of eliminating sexual violence in protecting victims of catcalling requires a special legal policy that contains the formulation of morals, basic values ​​and theories that are correlated with legal policies.
Perlindungan Hukum Bagi Konsumen Nasabah BANK Pemegang Kartu Kredit yang Dibebankan Biaya Tambahan (Surcharge) oleh Merchant dalam Transaksi Pembayaran
Ni Putu Dyah Ayu Karina Prabandari;
I Nyoman Putu Budiartha;
Anak Agung Sagung Laksmi Dewi
Jurnal Preferensi Hukum Vol. 3 No. 1 (2022): Jurnal Preferensi Hukum
Publisher : Warmadewa Press
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
The development of technology and information makes credit cards in demand by the public. However, consumer protection has not been able to fully guarantee legal protection for consumers, especially for bank customers who hold credit cards. The purposes of this study are to reveal the legal protection arrangements for consumer bank customers who are credit card holders who are charged an additional fee (surcharge) by merchants in payment transactions as well as sanctions against merchants who charge additional fees (surcharge) for consumer bank customers who are credit card holders in payment transactions. This research method is a normative research with a statutory and conceptual approach. The technique of collecting legal materials is done by using library techniques. The sources of legal materials used are primary, secondary, and tertiary legal sources. After the data is collected, then the legal materials are analyzed qualitatively. The results of the study reveal that legal protection for credit card holders is categorized into 3 (three) stages, namely before the transaction, during the transaction, and after the transaction. It is hoped that the government will coordinate with the competent authorities. Bank Indonesia and the Financial Services Authority (OJK) should be able to make stricter regulations regarding the protection of credit card holders
Sanksi Pidana Terhadap Pembuat Stiker Whatsapp yang Menyerang Personal Seseorang
Gede Oka Swarbhawa;
Anak Agung Sagung Laksmi Dewi;
Ni Made Sukaryati Karma
Jurnal Preferensi Hukum Vol. 3 No. 1 (2022): Jurnal Preferensi Hukum
Publisher : Warmadewa Press
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
The internet is something that is very much needed by the community, which has a positive and negative impact on its users. The negative impact that can be felt now is the rise of crime on social media such as insults. Insults through WhatsApp communication media generally attack a person's good name or honor which is carried out through sticker media. The purposes of this study are to reveal the legal arrangements against WhatsApp sticker makers who attack someone's personal and criminal sanctions against WhatsApp sticker makers who attack someone's personal. This type of research is normative legal research with a case and legislation approach. The data collection technique was carried out using library techniques by collecting primary and secondary sources of legal material. After the data is collected, then the data is analyzed qualitatively and presented in descriptive form. The results of the study reveal that the government provides legal arrangements for WhatsApp sticker makers who attack someone's personal, where the government has regulated and provided protection against insults in electronic media, especially WhatsApp communication media, namely in articles 310 and 315 of the Criminal Code and in Law Number 11 of 2008 regarding Electronic Transaction Information. Criminal sanctions against WhatsApp sticker makers who attack a person's personality are regulated in Article 45 paragraph (1) which is punishable by a maximum imprisonment of 6 (six) years and/or a maximum fine of Rp. 1.000.000.000,00 (one billion rupiah).
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
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.
Relevansi Sanksi Pidana dalam Penegakan Hukum Protokol Kesehatan pada Masa Pandemi Covid-19
Ni Putu Ayu Mia Paramartha Sari;
Anak Agung Sagung Laksmi Dewi;
I Made Minggu Widyantara
Jurnal Preferensi Hukum Vol. 3 No. 1 (2022): Jurnal Preferensi Hukum
Publisher : Warmadewa Press
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
There is a void in norms related to regulations governing violations of the COVID-19 health protocol as a crime, so it is appropriate to use criminal sanctions because this is an issue that must be clarified. The purposes of this study are to analyze legal arrangements for law enforcement of health protocols during the Covid-19 pandemic and regarding criminal sanctions in law enforcement of health protocols during the Covid-19 pandemic. This study uses normative legal research, using a statutory approach, a historical approach, and a conceptual approach. The sources of legal materials used by the author are primary and secondary legal materials using library techniques. The analysis technique was carried out qualitatively and presented in descriptive form. The findings reveal that the regulation of violations of the COVId-19 health protocol can be classified as an administrative crime based on administrative criminal law terminology, but in principle the legality of violating the COVID-19 health protocol does not have a clear legal basis because its enforcement is still using Article 212, 216, and 218 of the Criminal Code, Article 93 of the UU Law and Article 14 of the Infectious Disease Outbreak Law. In addition to this, the criminal sanctions contained in the legal rules which are considered to cover law enforcement for violations of the COVID-19 health protocol do not fully meet the elements of the ideal sentencing goal.