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[Penerapan Sanksi Hukum Terhadap Pelaku Pencabutan Penjor Sebagai Rangkaian Upacara Galungan Pada Umat Beragama Hindu di Desa Adat Taro Kelod Kabupaten Gianyar ]]>
<![CDATA[Hendrawan, Kadek Teddy]]>;
<![CDATA[Astara, I Wayan Wesna]]>;
<![CDATA[Sudibya, Diah Gayatri]]>
<![CDATA[ Jurnal Preferensi Hukum Vol. 5 No. 2 (2024): Jurnal Preferensi Hukum ]]>
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DOI: 10.22225/jph.5.2.8084.210-215
<![CDATA[Indonesia as a rule-of-law country has statutory regulations, relating to criminal sanctions and sentencing. In addition, some laws apply throughout the area called Customary Law, including in Bali. Perpetrators of the destruction of goods as well as religious blasphemy can be punished with the general criminal code or, in comparison with the Applicable Customary Law. This research examines 2 things: 1) How is the existence of the Hindu religious community in carrying out its obligations and legal protection for Hindu religious people in terms of Human Rights? and 2) What is the application of legal sanctions in the event of the revocation of the penjor for Hindus in the Taro Kelod Village area, Gianyar Regency? The method used in this research is Empirical Research. The purpose of this research is to emphasize the study of the protection of penjor removal victims in Taro Kelod Village, Gianyar. With the results of the study showing that a person deliberately destroys goods together and harms someone, it is possible to be subject to Article 170 paragraph (1) and Article 156A letter A concerning religious blasphemy, because the penjor being revoked is a sacred symbol and has religious meaning for Hindus.]]>
<![CDATA[Efektivitas Pembimbingan Kemasyarakatan Terhadap Anak Pelaku Pelecehan Seksual di Balai Pemasyarakatan Kelas I Denpasar ]]>
<![CDATA[Putra, Made Ryan Permana]]>;
<![CDATA[Sepud, I Made]]>;
<![CDATA[Wirawan, Ketut Adi]]>
<![CDATA[ Jurnal Preferensi Hukum Vol. 5 No. 2 (2024): Jurnal Preferensi Hukum ]]>
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DOI: 10.22225/jph.5.2.8085.216-221
<![CDATA[Sexual harassment is a criminal offense that can cause harm in the form of trauma or embarrassment to the family or society. Children as perpetrators of criminal acts of sexual harassment who are still underage, need to receive serious attention from all walks of life.This is done to improve the mindset of the perpetrators, teach the perpetrators to do good and help the perpetrators meet the prevailing standard of living. This study uses empirical legal research methods. There are internal, external, and other factors that contribute to children committing sexual harassment offenses. External factors include emotional power and age, external factors consist of education, environment, alcohol and drugs, economy, and the internet. Meanwhile, other factors that support children to commit crimes of sexual harassment are children's low understanding of religion and the absence of parental oversight. The study's findings indicate that, in accordance with the applicable laws and regulations, social counseling for child sexual harassment perpetrators has been working well and effectively. The absence demonstrates this repetition of criminal acts or recidivism. This happens because the process of guiding and supervising children who commit crimes of sexual harassment by social counselors has been running according to the rules that apply.]]>
<![CDATA[Perlindungan Hukum Terhadap Data Pribadi Warga Negara Indonesia Berdasarkan Undang-Undang Nomor 27 Tahun 2022 ]]>
<![CDATA[Putri, Ni Made Dwi Gayatri]]>;
<![CDATA[Mahendrawati, Ni Luh Made]]>;
<![CDATA[Ujianti, Ni Made Puspasutari]]>
<![CDATA[ Jurnal Preferensi Hukum Vol. 5 No. 2 (2024): Jurnal Preferensi Hukum ]]>
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DOI: 10.22225/jph.5.2.8087.240-245
<![CDATA[Personal data is private and must be protected. The number of personal data leakage cases in Indonesia has a detrimental impact on society. The lack of comprehensive legislation has led to a lack of legal protection for data leakage cases. As a result of the many personal data leaks, the government passed the Personal Data Protection Law Number 27 of 2022. The purpose of this research is to find out the legal umbrella that protects personal data including understanding more about the legal policies regulated in Law Number 27 of 2022. This research will discuss the formulation of problems including how is the regulation of personal data protection based on Law Number 27 of 2022 and how is the legal protection of the dissemination of confidential personal data of Indonesian citizens. The method used is normative with a statutory approach. The findings reveal that legal protection against personal data leaks is already comprehensive in Law Number 27 of 2022, preventive efforts to protect personal data do not share data from the community and society also avoid illegal platforms that occur in cybercrime. While the government will conduct a compliance test for Repressive Protection Efforts in the event of a personal data leak, the sanctions contained in the Personal Data Protection Law are Criminal Provisions Articles 67, 68 and 70 which already contain fines and imprisonment.]]>
<![CDATA[Perlindungan Hukum Terhadap Data Pribadi Nasabah Oleh Bank Dalam Transaksi Melalui Internet Banking ]]>
<![CDATA[Denisya, Ni Putu]]>;
<![CDATA[Budiartha, I Nyoman Putu]]>;
<![CDATA[Putra, I Made Aditya Mantara]]>
<![CDATA[ Jurnal Preferensi Hukum Vol. 5 No. 2 (2024): Jurnal Preferensi Hukum ]]>
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DOI: 10.22225/jph.5.2.8088.246-252
<![CDATA[Technological advances have been able to give birth to services that facilitate daily activities such as the presence of internet banking services. However, there are still many problems related to the unprotection of customer personal data. The formulation of the problem from this study is how to legally protect the security of customer personal data by banks in internet banking services and how bank accountability in terms of personal data belonging to customers is not protected due to the use of internet banking services. The research method used in this thesis research is a normative type of legal research with a type of statutory and conceptual approach. The data sources used are prime, secondary, and tertiary data sources. The collection of legal materials is carried out through a library study. The results showed that the form of preventive legal protection was carried out by providing socialization through the platform to inform about the protection of customer personal data and the applicability of the ITE Law and the Telecommunications Law which provides a protection to prevent disputes against customers. The form of repressive legal protection is carried out through the existence of the Consumer Protection Law which is the basis for the fulfilment of consumption rights. The form of bank liability to customers in the event of a data leak is that the bank will provide compensation if it is proven that it is true that the data leak is not caused by the customer's negligence or mistake.]]>
<![CDATA[Eksistensi Perlindungan Hukum Terhadap Anak Sebagai Akibat Tindak Pidana Pencabulan di Kabupaten Gianyar ]]>
<![CDATA[Putri, Putu Dyah Agung Mas Narayana]]>;
<![CDATA[Sepud, I Made]]>;
<![CDATA[Sancaya, I Wayan Werasmana]]>
<![CDATA[ Jurnal Preferensi Hukum Vol. 5 No. 2 (2024): Jurnal Preferensi Hukum ]]>
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DOI: 10.22225/jph.5.2.8090.253-258
<![CDATA[Children have limitations in understanding and protecting themselves from various influences of the existing system. When children are involved in legal issues, the state must provide protection to children through laws and regulations including Law Number 11 of 2012 concerning the Juvenile Criminal Justice System. Sexual intercourse with children is an act that is categorized as rape and obscenity, and usually sexual intercourse is carried out by adults to children under the age of 15, therefore the formulation of the problem is raised, namely: 1) What is the legal protection against child victims of sexual abuse in Gianyar Regency? and 2) What are the criminal sanctions against perpetrators of criminal acts of child molestation in Gianyar Regency? This study uses an empirical research type. The results obtained from legal protection for child victims of abuse are that they have received legal protection as stipulated in Law No. 35 of 2014 on amendments to Law No. 23 of 2002 concerning Child Protection. Criminal sanctions obtained by perpetrators of child abuse are a minimum of 3 years and a maximum of 15 years in prison and a minimum fine of Rp. 60 million and a maximum of Rp. 300 million.]]>
<![CDATA[Mekanisme Penyusunan Laporan Pertanggungjawaban Anggaran Pendapatan dan Belanja Daerah ]]>
<![CDATA[Wiguna, Putu Gede Satya]]>;
<![CDATA[Suryawan, I Gusti Bagus]]>;
<![CDATA[Widiati, Ida Ayu Putu]]>
<![CDATA[ Jurnal Preferensi Hukum Vol. 5 No. 2 (2024): Jurnal Preferensi Hukum ]]>
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DOI: 10.22225/jph.5.2.8091.259-264
<![CDATA[The central government gives authority to regional governments to take care of their household affairs which are unique to the region with the aim that local governments are more effective in managing regional affairs both in terms of development, utilization and management of natural resources and human resources. The Regional Head who plans the APBD to organize his administration is also required to be able to provide accountability/provide reports on the results of the use of the APBD. The use of this APBD, of course, must have an agency that oversees it, in the administration of regional government that supervises it, namely the DPRD. Based on this description, the problems examined in this study are: What is the mechanism for preparing the APBD accountability report? according to Law Number 17 of 2003 is a regional financial plan approved by the Regional People's Representative Council (DPRD). This research is a normative research that uses a statutory approach. The legal material used in this study comes from the results of library research which consists of primary and secondary legal materials obtained through literature review techniques supported by analytical techniques. From the results of this study it can be interpreted that accountability and oversight are one unit to realize good governance, because it can provide an evaluation of the performance of the government for the future.]]>
<![CDATA[Pertanggungjawaban Hukum Pengelola Arisan Online Bermodus Investasi Yang Menimbulkan Akibat Hukum ]]>
<![CDATA[Kemalasari, Ni Putu Yuliana]]>;
<![CDATA[Effendi, Irwan]]>
<![CDATA[ Jurnal Preferensi Hukum Vol. 5 No. 2 (2024): Jurnal Preferensi Hukum ]]>
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DOI: 10.22225/jph.5.2.10200.231-239
<![CDATA[Online lottery is an activity carried out by several people by utilizing the development of technological advances and information by using smartphones in its implementation. Recently, online lottery has been highlighted because it has caused legal consequences, including losses suffered by members, promises of attractive investments and used as a basis for committing criminal acts. The problem that becomes a case in relation to online lottery is the form of responsibility and legal efforts in overcoming it. This research aims to find out the criminal and civil responsibilities of the perpetrators of online lottery who use the argument of investment in deceiving their victims so that the best legal efforts can be found in overcoming this problem. To discuss the related problems, the author formulates them into two problem formulations: first, how is the regulation of online lottery according to positive law in Indonesia and second, how is the legal responsibility of online lottery managers with the investment mode that causes legal consequences. This research uses normative legal research. This normative legal research collects legal materials from primary legal materials, secondary legal materials and tertiary legal materials which are then collected and analysed and then described through a statute approach and case approach. The result of this research is that there is no specific regulation of online lottery according to positive law in Indonesia. However, it can be interpreted that online lottery is an agreement made based on Articles 1330 and 1338 of the Civil Code and is related to the principles and objectives regulated in Articles 3 and 4 of Law Number 1 of 2024 concerning the Second Amendment to Law Number 11 of 2008 concerning Electronic Information and Transactions.]]>
<![CDATA[Kebijakan Hukum Pengaturan Penggunaan Kendaraan Listrik Dalam Penguatan Ketahanan Energi Nasional ]]>
<![CDATA[Nuarta, I Nengah]]>;
<![CDATA[Sukedi, Mochamad]]>
<![CDATA[ Jurnal Preferensi Hukum Vol. 5 No. 2 (2024): Jurnal Preferensi Hukum ]]>
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DOI: 10.22225/jph.5.2.10413.145-154
<![CDATA[A number of government policies to accelerate the use of electric vehicles are outlined in a number of statutory provisions. The legal umbrella for the use of electric vehicles was first outlined in Presidential Regulation Number 55 of 2019 concerning the Acceleration of the Battery-Based Electric Motorized Vehicle Program. Based on the background above, researchers are very interested in studying: 1) How are electric vehicles currently regulated in Indonesia? and 2) What is the ideal arrangement for electric vehicles to strengthen sustainable energy security in Indonesia? The type of research used in this research is normative legal research. The legal material analysis technique applied in this research involves describing what is the problem, explaining the problem (explanation), examining the problem (evaluation) and providing arguments from the results of the evaluation. The regulation of electric vehicles in Indonesia is currently regulated in Presidential Decree No. 55 of 2019, which is the initial regulation that became the legal umbrella for Indonesian electric vehicles, then derivatives such as PP No. 73 of 2019 which regulates the imposition of Sales Tax on Luxury Goods (PPnBM). Regulation of electric vehicles is ideal in strengthening sustainable energy security in Indonesia by advancing and regulating the biofuel industry, lithium battery industry and electric vehicles. In the future, the government can target public transportation vehicles to switch to using electric power with batteries.]]>
<![CDATA[Kebijakan Hukum Dalam Menghadapi Lesbian, Gay, Biseksual dan Transgender (LGBT) Sebagai Suatu Penyimpangan Perilaku di Indonesia ]]>
<![CDATA[Putra, I Putu Harry Suandana]]>
<![CDATA[ Jurnal Preferensi Hukum Vol. 5 No. 2 (2024): Jurnal Preferensi Hukum ]]>
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DOI: 10.22225/jph.5.2.10414.155-164
<![CDATA[Deviant behavior in the form of Lesbian, Gay, Bisexual and Transgender (LGBT) seems unavoidable. This behavior can target children, teenagers and even adults. With this phenomenon, it has negative impacts on community life. The problem is getting stronger when the phenomenon is published through social media and television shows. At least there are perpetrators of LGBT couples and other LGBT actions in Indonesia. This study uses a research method that is a normative legal research type. In normative legal research, the data used is secondary data. The secondary data contains primary legal materials, secondary legal materials and tertiary legal materials. Then the materials that have been collected are analyzed using a statute approach and a case approach. This study answers a problem, namely first. The implications of LGBT behavioral deviations in Indonesia can have an impact on the health, social, education and security of the Indonesian state. The factors can be caused by internal factors originating from oneself and the family environment and external factors originating from the external environment and social media and television or community groups and second. In the provisions of the existing laws and regulations, there are limits for LGBT, although they are not regulated concretely and explicitly, and future regulations will regulate deviant behavior for LGBT groups who intentionally commit sexual harassment in public, but there is still a need for comprehensive regulations that regulate LGBT.]]>
<![CDATA[Keadilan Restoratif Sebagai Upaya Penyelesaian Tindak Pidana Dalam Sistem Hukum di Indonesia ]]>
<![CDATA[Sukedi, Mochamad]]>;
<![CDATA[Nuarta, I Nengah]]>
<![CDATA[ Jurnal Preferensi Hukum Vol. 5 No. 2 (2024): Jurnal Preferensi Hukum ]]>
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DOI: 10.22225/jph.5.2.10415.222-230
<![CDATA[The justice that has been taking place in the criminal justice system in Indonesia is retributive justice, while what is expected is restorative justice, namely a process where all parties involved in a particular criminal act work together to solve the problem, how to deal with the consequences in the future, not yet regulated by strict norms that prevent criminal cases from having to be resolved outside of court using restorative justice. Based on the background above, researchers are very interested in studying: 1) How is the development of restorative justice in the Indonesian legal system? and 2) What are the principles of restorative justice in resolving criminal cases in Indonesia? The type of research used in this research is normative legal research. The development of restorative justice in the Indonesian legal system is based on the lack of satisfaction from the existing criminal justice system process, where it is felt that it does not meet the needs of the community, because in a criminal justice system process the parties in conflict are not involved but only involve between perpetrators and the state. Victims and the community are not involved in conflict resolution, in contrast to the principle of restorative justice where victims and the community are also involved in conflict resolution. The principle of restorative justice in resolving criminal cases in Indonesia is not something relatively new in Indonesia because it is a dispute resolution model which is one type of alternative punishment in the criminal law system in line with the aim of criminal sanctions according to the concept of customary law, namely restoring cosmic balance, balance between The world was born with the supernatural world, to bring a sense of peace between fellow citizens or between members of society and their community.]]>
