Jurnal Preferensi Hukum (JPH)
Jurnal Preferensi Hukum is a journal of Law, provides a forum for publishing law research articles or review articles of students. This journal has been distributed by WARMADEWA PRESS started from Volume 1 Number 1 Year 2020 to present. This journal encompasses original research articles, review articles, and short communications, including Criminal Law; Government Law; Business Law and Notary; Development of Local Law; Environmental Law; Tourism Law; Procedural Law; Private Law; Law and Human Rights; International Law.
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<![CDATA[Implikasi Pengurangan Pemakaian Plastik Sekali Pakai Terhadap Volume Sampah di TPA Suwung ]]>
<![CDATA[I Gusti Made Yudha Pramana]]>;
<![CDATA[I Nyoman Gede Sugiartha]]>;
<![CDATA[Luh Putu Suryani]]>
<![CDATA[ Jurnal Preferensi Hukum Vol. 5 No. 2 (2024): Jurnal Preferensi Hukum ]]>
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DOI: 10.22225/jph.5.2.8068.124-129
<![CDATA[The waste problem in Indonesia is getting worse, including the problem of landfills in Bali getting full every day. The waste problem is not only a matter for the government, but also for the community. The use of single-use plastics is an important thing that must be considered to find the best solution. This research aims to find out the legal policies that can help overcome the waste problem in Indonesia in general and Bali in particular. Based on this, this research will discuss how the impact of reducing the use of single-use plastics on the environment, society and its relation to storage in Suwung landfill and how the government's efforts as a policy maker in overcoming the problem of single-use plastic waste in Suwung landfill. The research method used is an empirical legal research method that uses a fact-based approach and analyzes legal concepts through social problems. The results obtained from this research are that the reduction in the use of single-use plastics provides a solution to the waste problem at Suwung Landfill so that less waste enters and if the reduction in the use of single-use plastics is applied more widely, plastic waste generation can be minimized, and regulations made by the government emphasize solutions from various aspects of the waste problem. However, many people still violate the regulations in the field.]]>
<![CDATA[Prosedur Penyelesaian Perkara Wanprestasi Atas Perjanjian Pinjam Uang Yang Dilakukan Oleh Debitur Koperasi ]]>
<![CDATA[I Komang Eka Adi Putra]]>;
<![CDATA[I Nyoman Sukandia]]>;
<![CDATA[I Wayan Kartika Jaya Utama]]>
<![CDATA[ Jurnal Preferensi Hukum Vol. 5 No. 2 (2024): Jurnal Preferensi Hukum ]]>
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DOI: 10.22225/jph.5.2.8069.130-137
<![CDATA[Cooperatives which regulate the movement of business fields in the formation of capital from the savings of its members regularly and continuously and can also be lent to its members in a practical, easy and fast way are called Savings and Loans Cooperatives for welfare purposes. That way the aim of establishing it is to make it easier for the community to make financial transactions easier, with the existence of a savings and loan cooperative that provides small interest but opportunities in capital can be cheap. With normative law implemented in the method used in this study, allowances from sources such as principles, principles, and legal literature are used in resolving cases of default on borrowing money in cooperatives. The results of this study are the results of evidence in court proceedings, evidence can be submitted by the plaintiff and the truth of the lawsuit and the defendant does not deny it. The proof of the case made the judge declare that it was legal to have defaulted on borrowing money within the scope of the cooperative.]]>
<![CDATA[Penanganan Kerusuhan Suporter Sepakbola yang Tidak Sesuai Dengan Standar Operating Procedure (SOP) ]]>
<![CDATA[I Made Jaya Wiguna]]>;
<![CDATA[I Nyoman Gede Sugiartha]]>;
<![CDATA[I Made Minggu Widyantara]]>
<![CDATA[ Jurnal Preferensi Hukum Vol. 5 No. 2 (2024): Jurnal Preferensi Hukum ]]>
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DOI: 10.22225/jph.5.2.8070.138-144
<![CDATA[Football is a sport favoured by the Indonesian people. And though it has not yet achieved anything as high as the world, it has been an entertaining spectacle, with many talents in their youth, a stadium with international standards, to huge fans, Excessive fanaticism supported the club's cause of aggressive behaviour that sparked a riot when the pride team lost. As for the problem formula: 1. How is the law handling football fans' riots? 2. How would a member of the police ban for operating a football riot operating out of the standard operating procedure, resulting in loss of life? It's a normative legal research method. As a result of the debate over the management of the football fans' uncontained head of officer no. 1 in the year 2009, section 19 of the FIFA stadium ordinance section 19 b, sanctions from the police's handling of the pro-porter riot are not consistent with the soup of the poll's taking disciplinary justice, general and ethics code. The writer suggests that the government supplement the stadium to international standards with numbered CCTV and extra seats for the game. In this paper, determined that law enforcers on deescalating chaos regarding the people’s safety, must following the standard that given by the legislators to ensure the objectives of law itself, to protect her people.]]>
<![CDATA[Upaya Pencegahan Terhadap Pencemaran Lingkungan Hidup Akibat Kegiatan Usaha Bengkel di Kelurahan Sumerta ]]>
<![CDATA[Wibawa, I Putu Devha Surya]]>;
<![CDATA[Wijaya, I Ketut Kasta Arya]]>;
<![CDATA[Wirawan, Ketut Adi]]>
<![CDATA[ Jurnal Preferensi Hukum Vol. 5 No. 2 (2024): Jurnal Preferensi Hukum ]]>
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DOI: 10.22225/jph.5.2.8076.165-170
<![CDATA[The high population correlates with the level of pollution that occurs, considering the high level of mobility of each person makes the need for transportation facilities even greater. The existence of so many workshops affects the surrounding environmental conditions. The formulation of the issues raised is (1) How are the legal protection efforts against the environment from pollution due to workshop business activities in Sumerta Village?, (2) What are the obstacles in environmental protection due to workshop business activities in Sumerta Village? This thesis research uses empirical legal research methods. The results of the study found that there were prevention efforts made to the environment from pollution due to workshop business activities, namely by conducting socialization from the Environment and Hygiene Service and Sumerta Village to workshop business actors. Obstacles in enforcing environmental protection due to workshop business activities in Sumerta Village there are several factors such as factors of legal facilities, law enforcement officials, facilities and facilities, licensing, public legal awareness of the environment, and a large number of workshops and even distribution make supervision difficult.]]>
<![CDATA[Penegakan Hukum Dalam Keterlambatan Pembayaran Pajak Kendaraan Bermotor Di Kabupaten Tabanan ]]>
<![CDATA[Setiawan, I Putu Yudi]]>;
<![CDATA[Widiati, Ida Ayu Putu]]>;
<![CDATA[Suryani, Luh Putu]]>
<![CDATA[ Jurnal Preferensi Hukum Vol. 5 No. 2 (2024): Jurnal Preferensi Hukum ]]>
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DOI: 10.22225/jph.5.2.8077.171-176
<![CDATA[The increase in population has led to a rapid increase in motor vehicle ownership. Motorized vehicles have become a basic necessity for some people. Ownership of motorized vehicles will be followed by obligations as taxpayers who must make tax payments. However, increasing the number of motor vehicle ownership does not necessarily increase public awareness to be obedient and aware of the obligation to pay taxes. This can lead to legal consequences for both the community and the government. This research aims to find out the regulation in the field of taxes responding to the lack of public awareness of tax payments. With the main problems that will be discussed in this study, namely 1) how is law enforcement in late payment of motor vehicle tax in Tabanan Regency, 2) What are the inhibiting factors in the enforcement of late payment of motor vehicle tax in Tabanan Regency. The research method used is an empirical research method, with a fact approach and legal concept analysis approach. The results of law enforcement in late payment of motor vehicle tax in Tabanan Regency are given a PKB notification letter given a notification letter of STNK validation and a late notice of tax payment, if it has not been replied to from the taxpayer, UPTD PPRD Bali Province in Tabanan Regency will impose penalties on taxpayers such as administrative penalties for interest / fines and inhibiting factors are the lack of awareness of taxpayers in paying motor vehicle taxes, transferring motorized vehicles without transferring names, vehicle owners moving residence.]]>
<![CDATA[Problematika Kejurusitaan dalam Menangani Perkara Pada Kantor Pengadilan Agama Kabupaten Bangli ]]>
<![CDATA[Antara, I Wayan Eka]]>;
<![CDATA[Dewi, Anak Agung Sagung Laksmi]]>;
<![CDATA[Widyantara, I Made Minggu]]>
<![CDATA[ Jurnal Preferensi Hukum Vol. 5 No. 2 (2024): Jurnal Preferensi Hukum ]]>
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DOI: 10.22225/jph.5.2.8078.177-182
<![CDATA[The legal system in Indonesia is based on colonial, ethnic and religious law. This regulation forms the basis for all court decisions, including general courts, state administrative courts, and religious courts. As for the problems: 1) How is the process for implementing jurors based on article 103 of the Republic of Indonesia Law Number 7 of 1989 concerning Religious Courts at the Bangli Regency Religious Court office? 2) What are the inhibiting factors for adversity in handling cases at the Bangli Regency Religious Court office? The purpose of this study is to understand the implementation of jursita based on article 103 of Law No. 7 of 1989 concerning the Religious Courts at the Bangli District Religious Court and to understand the supporting and inhibiting factors of slump at the Bangli Religious Courts, to then find a solution. This study uses empirical methods. Empirical method used by the writer based by the data obtained by the writer from those people whom directly connected with the case matters written on the subject of this study. The bailiff must comply with the direction of the Chief Justice and submit announcements, reprimands, and court decisions in accordance with statutory provisions. If the parties do not provide accurate information, bailiffs may experience difficulties in carrying out their duties. However, they can still be informed about subpoenas by the local village head.]]>
<![CDATA[Perlindungan Konsumen Pengguna Jasa Parkir Atas Pelepasan Tanggung Jawab Pelaku Usaha Parkir Menerapkan Klausula Baku dalam Mencapai Keadilan Berkontrak ]]>
<![CDATA[Pradnyandari, Ida Ayu Anggita]]>;
<![CDATA[Mahendrawati, Ni Luh Made]]>;
<![CDATA[Wesna, Putu Ayu Sriasih]]>
<![CDATA[ Jurnal Preferensi Hukum Vol. 5 No. 2 (2024): Jurnal Preferensi Hukum ]]>
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DOI: 10.22225/jph.5.2.8079.183-190
<![CDATA[The Consumer Protection Act 0.8 of 1999 contains provisions regarding the rights and obligations that consumers and business actors have. For example, consumers who have not received legal justice in standard agreements that create business actors, seeing the phenomenon that occurs, namely agreements made by parking business actors for consumers who use parking services, basically to meet the needs of a significant number of consumers, to make it easier for parking business actors, agreements that made for consumers who use parking services to be printed in bulk in the form of standard clauses contained in parking tickets that are made unilaterally. However, this authority contains the potential for fraud for parking business actors through the existence of a clause that is not permitted. The contents of this clause are based on the UUPK which is a clause that contains the loading of the responsibility of the businessperson for the consumer which is contained under Article 18 paragraph 1. From this it can be said that there are still many parking business actors who, in stipulating standard clause agreements in the form of parking tickets, violate the provisions of the Protection Act. Consumers are related to the discrepancy of the clause in UUPK to obtain contractual justice for consumers. With the existence of an agreement that uses the standard clause it is not allowed so that the legal consequences according to the explanation of Article 18 paragraph 3 UUPK are null and void.]]>
<![CDATA[Efektifitas Perda Nomor 5 Tahun 2021 Tentang Pengelolaan Sampah Rumah Tangga dan Sampah Sejenis Sampah Rumah Tangga Di Kota Tabanan ]]>
<![CDATA[Ariskayanti, Ida Ayu Made]]>;
<![CDATA[Wijaya, I Ketut Kasta Arya]]>;
<![CDATA[Suryani, Luh Putu]]>
<![CDATA[ Jurnal Preferensi Hukum Vol. 5 No. 2 (2024): Jurnal Preferensi Hukum ]]>
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DOI: 10.22225/jph.5.2.8080.191-196
<![CDATA[The problem of waste is a problem that never ends from year to year. The volume of waste always increases every year and causes various negative impacts on the environment and the sustainability of people's lives. The population is affected by the increase in waste volume. With this background, the problem formulation raised is how the implementation of Tabanan Regency Regional Regulation Number 5 of 2021 concerning Waste Management in Tabanan City, and how the effectiveness of Tabanan Regency Regional Regulation Number 5 of 2021 in Tabanan City. This research uses empirical legal research type, data collection techniques in this research are by conducting interviews and document studies. The results of the study found that Tabanan Regency Regional Regulation Number 5 of 2021 concerning Management of Household Waste and Waste Similar to Household Waste has been implemented quite well but has not been fully effective because there are still several obstacles in the implementation of the regulation, namely low awareness and knowledge of waste management and lack of facilities and infrastructure in managing waste. Sanctions against waste violators are subject to administrative sanctions in the form of verbal and / or written warnings, as well as fines.]]>
<![CDATA[Perlindungan Hukum Terhadap Konsumen Jasa Titip Online Dalam Hal Terjadinya Cacat Produk ]]>
<![CDATA[Kaze, Kadek Bramanta Rudi]]>;
<![CDATA[Budiartha, I Nyoman Putu]]>;
<![CDATA[Suryani, Luh Putu]]>
<![CDATA[ Jurnal Preferensi Hukum Vol. 5 No. 2 (2024): Jurnal Preferensi Hukum ]]>
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DOI: 10.22225/jph.5.2.8082.197-202
<![CDATA[The development of the online shopping system has given rise to new business opportunities, one of which is known as a buying and selling service. One of the risks for users of ticketing services is the danger of defects in products received by users of online ticketing services. Based on this, what is the legal protection form of consumers of online ticketing services in the event of a defect in the product received? And how are online delivery service business actors responsible for losses received by consumers for defective goods products. This research uses a normative type of legal research. There are two forms of legal protection for consumers of online ticketing services in the event of product defects received through online buying and selling services, namely preventive and repressive legal protection which can be seen in the provisions of the UUPK. The responsibility of online delivery service business actors for losses received by consumers for defective goods products, in addition to rights and obligations, there are also responsibilities that must be carried. This responsibility is part of a binding obligation in the activities of running a business.]]>
<![CDATA[Sanksi Pidana Penyimpangan Seksual Sesama Jenis Terhadap Anak Sebagai Korban ]]>
<![CDATA[Arimbawa, Kadek Pageh]]>;
<![CDATA[Sugiartha, I Nyoman Gede]]>;
<![CDATA[Widyantara, I Made Minggu]]>
<![CDATA[ Jurnal Preferensi Hukum Vol. 5 No. 2 (2024): Jurnal Preferensi Hukum ]]>
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DOI: 10.22225/jph.5.2.8083.203-209
<![CDATA[Same-sex sexual deviance prohibited by Article 292 of the Criminal Code is only allowed if the victim is an adult and the perpetrator is a child. In relation to the issue of LGBT sexual deviance, the author views this as an odd norm. With this background, the author can formulate two problems: what are the criminal sanctions against same-sex deviant acts committed against children as victims? and how are legal arrangements for such acts made? This research method is normative legal research. Both a statutory approach and a conceptual analysis approach are used in this research. This tactic is also called the legal approach. The study findings revealed that Indonesia passed a law regulating same-sex crimes with minors as victims in 1946. Law of the Republic of Indonesia No. 2014 No. 35 on Modification. Law 23 of 2002 mostly regulates child protection. Criminal sanctions for same-sex sexual deviance refer to some of the severe penalties that can be threatened or imposed on people who commit or assist in committing crimes listed in Article 292 of Law No. Criminal law.]]>
