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.
Articles
396 Documents
<![CDATA[Pertanggungjawaban Pidana Pelaku Tindak Pidana Penganiayaan yang Direncanakan (Studi Kasus Putusan Pengadilan Negeri Bangli Nomor 19/pidB/2019/PNBLI) ]]>
<![CDATA[I Dewa Gede Windhu Indrakusuma]]>
<![CDATA[ Jurnal Preferensi Hukum Vol. 2 No. 1 (2021): Jurnal Preferensi Hukum ]]>
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DOI: 10.22225/jph.2.1.2805.56-61
<![CDATA[Maltreatment is an act that causes injury or pain to someone which is done on purpose. The maltreatment consisted of light maltreatment and severe torture. This study aims to determine the criminal sanctions against the planned perpetrators of maltreatment and to analyze the considerations of the judge's decision against the perpetrators of the planned maltreatment. This type of research is normative legal research using a statutory approach. The technique of collecting legal materials is done by interviewing techniques. The results of the study show that the criminal sanction against the perpetrator of the planned maltreatment is a maximum of four years in prison as regulated in Article 353 paragraph 1 of the Criminal Code, while in the case of decision Number 19 / pidB / 2019 / PNBLI, the perpetrator I Made Merta is subject to imprisonment for four months according to Article 353 paragraph 1 of the Criminal Code where the elements contained therein are all fulfilled. Then, the judges' considerations in the perpetrators of the planned maltreatment included considerations of a juridical nature, namely things that were burdensome and things that were mitigating, whereas in the case study decision Number 19 / pidB / 2019 / PNBLI the judge considered more about the history of the defendant, namely the defendant. polite and admit that his actions in court have never been convicted and there has been peace between witnesses victim I Gede Jasa, so the judge sentenced Article 353 of the Criminal Code, which is four (4) months.]]>
<![CDATA[Fungsi Lembaga Pemasyarakatan dalam Melaksanakan Pembinaan terhadap Warga Binaan Pemasyarakatan (WBP) (di Lembaga Pemasyarakatan Perempuan Kelas II A Denpasar) ]]>
<![CDATA[I Wayan Kevin Mahatya Pratama]]>;
<![CDATA[Anak Agung Sagung Laksmi Dewi]]>;
<![CDATA[I Made Minggu Widyantara]]>
<![CDATA[ Jurnal Preferensi Hukum Vol. 2 No. 1 (2021): Jurnal Preferensi Hukum ]]>
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DOI: 10.22225/jph.2.1.2813.166-171
<![CDATA[Correctional in its system is useful for preparing convicted people in prisons to integrate normally and be accepted in society again. Merging normally again means restoring the relationship between the convicted or often referred to as Correctional Assistance and the community. The Penitentiary is a place for the Community Assisted to serve their sentence. This study aims to determine the function of prisons in carrying out coaching for Correctional Assistance and to analyze the form and benefits of the guidance program for Correctional Assistance held at Class II-A Denpasar Women's Penitentiary. This research uses normative legal research methods. The data obtained through direct observation in the field. The results showed that in the Guidance Program of the Correctional Institution, especially the location of this research, was held, namely the Class IIA Denpasar Women's Penitentiary, which has collaborated with government agencies, private foundations, and community organizations engaged in the field of women in providing guidance as well as promoting the work of prisoners or residents. Correctional Assistance. In addition, the Class IIA Denpasar Women's Penitentiary held and participated in several exhibitions of the work of the Community Assisted Citizens. This activity aims to introduce the work of the Community Assisted Citizens to the community and make it clear that the Correctional Institution guides or fosters Prisoners to be able to work and be able to contribute to society when they finish serving their sentence.]]>
<![CDATA[Pertanggungjawaban Pidana terhadap Penganiayaan yang Dilakukan Anak kepada Orang Tua Ditinjau dalam Perspektif HAM ]]>
<![CDATA[I Wayan Ogi Wiryawan]]>;
<![CDATA[I Made Minggu Widyantara]]>;
<![CDATA[Luh Putu Suryani]]>
<![CDATA[ Jurnal Preferensi Hukum Vol. 2 No. 1 (2021): Jurnal Preferensi Hukum ]]>
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DOI: 10.22225/jph.2.1.2814.172-176
<![CDATA[At present, abuse of parents by children, often occurs in the community which is commonly referred to as child abuse against parents. Children become cruel due to two factors, namely internal factors and external factors so that they are desperate to commit inhumane behavior towards their own parents. This case is also a violation of human rights that must be enforced. However, a child cannot be convicted of being underage. This study aims to analyze the criminal arrangements for minors who commit crimes against parents and explain the criminal sanctions given to a child who commits a criminal act of molestation. The research method used is normative legal research using a statutory approach as well as a conceptual approach. The data used are primary data, namely legal rules that are sorted systematically consisting of legislation, while secondary data consists of books, texts, principles and writings on laws related to persecution. There is also a form of writing in this research. The results of this study indicate that children can still be subject to criminal sanctions but can also be subject to sanctions in the form of fostering sanctions by related agencies. The child in this case who commits the crime of abuse is a minor, the punishment is different from ordinary punishment where child punishment is aimed at fostering the child and not focusing on the deterrent effect of the criminal.]]>
<![CDATA[Fungsi Badan Pengawas Keuangan dan Pembangunan dalam Melakukan Perhitungan Kerugian Keuangan Negara pada Perkara Tindak Pidana Korupsi ]]>
<![CDATA[Kadek Teguh Aryasa]]>;
<![CDATA[I Made Minggu Widyantara]]>;
<![CDATA[Luh Putu Suryani]]>
<![CDATA[ Jurnal Preferensi Hukum Vol. 2 No. 1 (2021): Jurnal Preferensi Hukum ]]>
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DOI: 10.22225/jph.2.1.2815.193-196
<![CDATA[State financial losses are an important issue to study. Corruption in Indonesia is a major problem so far it has never been resolved, starting from the central government to the regions. This has had a bad effect on the Indonesian economy. In practice, the Investigating Prosecutor at the Denpasar District Attorney often conducts investigations in the framework of calculating state financial losses. This study aims to determine the legality of the results of investigative audits issued by the Financial Supervisory Agency as evidence in proving state financial losses in corruption cases and to determine the factors that influence the Investigative Prosecutor to more frequently ask Financial Supervisory Agency for assistance to conduct investigative audits. The research method used is empirical legal research with a qualitative approach and a descriptive approach. The data sources are primary data obtained directly from the Denpasar District Attorney with interview techniques and secondary data from legal theories. The results show that the results of the investigative audit conducted by the Financial Supervisory Agency can be used as evidence at trial because their validity meets the elements contained in Article 184 of the Criminal Procedure Code and the tendency of the Investigative Prosecutor at the Denpasar District Attorney to conduct an investigative audit of the Financial and Development Supervisory Agency efficiency and effectiveness policy factors as well as human resource factors.]]>
<![CDATA[Asas Keadilan Pemungutan Pajak dalam Peraturan Pemerintah No 23 Tahun 2018 Tentang Pajak Penghasilan ]]>
<![CDATA[Made Dwi Surya Suasa]]>;
<![CDATA[I Made Arjaya]]>;
<![CDATA[I Putu Gede Seputra]]>
<![CDATA[ Jurnal Preferensi Hukum Vol. 2 No. 1 (2021): Jurnal Preferensi Hukum ]]>
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DOI: 10.22225/jph.2.1.3042.6-10
<![CDATA[In mid-2018, the government issued new regulations in the field of taxation which is expected to be an increadible impact for tax revenues. The rules are set out in the Government Regulation Number 23 Year 2018 regarding Income Tax on Income Effort Received or Provided Taxpayers Who Have Specific Gross Distribution (Government Regulation Number 23 Year 2018). Various responses from the community came after the release of the Government Regulation. One is the aspect of fairness in the taxation of income that seems to be ruled out with the advent of the Government Regulation. The principle of fairness in income tax collection adheres to vertical equity, the higher the income (net) earned or received by the higher taxes that are owed. Vertical Justice not accommodated in the regulation is to make the basis for the calculation of gross turnover tax payable. As a result, taxpayers who have the same gross turnover is considered to have the same economic additional capabilities. Estuary of the principle of vertical equity is a theory that emphasizes the style bear minimum cost of living.]]>
<![CDATA[Penegakan Hukum terhadap Penyalahgunaan Narkotika ]]>
<![CDATA[Made Ratih Pradnyantari]]>;
<![CDATA[I Gusti Bagus Suryawan]]>;
<![CDATA[I Nyoman Sujana]]>
<![CDATA[ Jurnal Preferensi Hukum Vol. 2 No. 1 (2021): Jurnal Preferensi Hukum ]]>
Publisher : <![CDATA[Warmadewa Press ]]>
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DOI: 10.22225/jph.2.1.3043.11-15
<![CDATA[Narcotics misappropriations have the bad impacts for nation generation continuance. The anticipation needs cooperation from all society elements, such as family, every education stages until universities and government must be united on narcotic. Prevention efforts in environment around them. The aims of this research are as follows: 1. To find out the steps which are applied by low enforcement in against narcotics misappropriation, 2. To find out and understand about doubt imposition which is did by the users of narcotics misappropriation. The law object source of this research is primary and secondary law object, the technique of accumulating is using document regristration method and recite the law regulations which are related to the problem and analysis by using descriptive qualitative.From the result of observation and researsech, the step that all of society element in narcotic prevention efforts in society environment, such as: 1. Promotive method, 2. Presentative method, 3. Repressive method, 4. Curative method, 5. Rehabilation. Criminal doubt is given for the narcotics addict who is walk on punishment period in jail, where as the action doubt is given for narcotics addict who become as a victim. Therapy and treatment will held as the rehabilition facilities.Government as policy taker is expected can formulate laws and regulations which are more binding in controlling and production of narcotics in Indonesia, and there is needs socialiscation and eludication about the impact of narcotics misappropriation.]]>
<![CDATA[Perkawinan Beda Agama dalam Perspektif Hak Asasi Manusia di Indonesia ]]>
<![CDATA[Made Widya Sekarbuana]]>;
<![CDATA[Ida Ayu Putu Widiawati]]>;
<![CDATA[I Wayan Arthanaya]]>
<![CDATA[ Jurnal Preferensi Hukum Vol. 2 No. 1 (2021): Jurnal Preferensi Hukum ]]>
Publisher : <![CDATA[Warmadewa Press ]]>
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DOI: 10.22225/jph.2.1.3044.16-21
<![CDATA[Presence of law number 1 Year 1974 about marriage can not provide legal protection as a whole in every marriage phenomenon, particularly in marriage different religions in Indonesia. Marriage law legitimately based on religion, but on human rights as privileges asserted freedom and marriage customs, embraced religion as a fundamental right that cannot be intervened by anyone. Problems of research 1) How marriage settings different religions in Indonesia? 2) How different religious marriage is a logical consequence of human rights perspective? This research is normative method, legal research with the study of the library of primary and secondary legal materials. Based on the findings of the research: 1) the Act of marriage has not provided certainty for couples who make marriage difference religion, there’s still a void marriage norms about different religions and conflict norms regarding legitimately marriage. 2) Different religious marriage discriminatory, religion is fundamental right that has been reserved and disinterfacking, the phenomenon raises consequences for one party with bowed themselves follow the religion of her partner. The Government expected to conduct observations regarding the effectiveness of the rules marriage and harmonization in Indonesia was not going empty, blurred or conflict of norms.]]>
<![CDATA[Peran TP4D Kejaksaan Negeri Denpasar dalam Mengawal Pembangunan Daerah dalam Pencegahan Tindak Pidana Korupsi ]]>
<![CDATA[Ni Ketut Puput Cahyaningsih]]>;
<![CDATA[I Gusti Bagus Suryawan]]>;
<![CDATA[I Nengah Laba]]>
<![CDATA[ Jurnal Preferensi Hukum Vol. 2 No. 1 (2021): Jurnal Preferensi Hukum ]]>
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DOI: 10.22225/jph.2.1.3045.22-26
<![CDATA[The implementation of strategic policies to eradicate corruption through prosecution alone will not succeed without the prevention efforts as a form of awareness for the public about the dangers of corruption which ultimately arouse the spirit of anti-corruption in all levels of society. Attorney General's instruction Number: INS-001 / JA / 10/2015 concerning the establishment and implementation of the duties of the guards for the security of the central and regional government, the formation of the TP4D Team was intended for safeguarding and escorting the government in the execution of strategic projects to be successful and to prevent corruption. This research uses juridical empirical methods and purposive techniques. Data analysis of this research was carried out qualitatively. The problems in this research are about (1) What is the role of the The authority of the Guard, Government and Regional Development Team (TP4D) in Denpasar District Prosecutor’s an effort to prevent corruption? (2) What obstacles have been faced The authority of the Guard, Government and Regional Development Team (TP4D) Denpasar District Prosecutor’s in guarding regional development? Based on the results of interviews with the Head of Intelligence Section, Head of Financial Economic and Strategic Development Sub-Section and Head of the Investigation Section it can be conclude: (1) The Role of Denpasar District Prosecutor’s in preventing corruption includes providing legal opinions on the running of local government development projects to anticipate abuse of power (2) the obstacles experienced by the TP4D Denpasar District Prosecutor’s in guarding development in the city of Denpasar there are two obstacles including technical barriers and judicial barriers.]]>
<![CDATA[Penerapan Asas Hakim Aktif (Dominus Litis) dalam Persidangan di Pengadilan Tata Usaha Negara (Studi Kasus Putusan No.1/G/2017/PTUN.DPS.) ]]>
<![CDATA[Ni Komang Dewi Novita Indriyani Weda]]>;
<![CDATA[I Made Arjaya]]>;
<![CDATA[I Putu Gede Seputra]]>
<![CDATA[ Jurnal Preferensi Hukum Vol. 2 No. 1 (2021): Jurnal Preferensi Hukum ]]>
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DOI: 10.22225/jph.2.1.3048.27-32
<![CDATA[In the judiciary the Judicial State Administration plays a more active role in the trial process in order to obtain material truth. The activist of the judge is intended to compensate for the unequal position of the parties, namely the Defendant is an entity or official of the State administration and the Plaintiff is an individual or civil legal entity. In this research there are two main problems, namely (1) how is the Procedure for Making a Gathering in the State Administrative Court? (2) How is the application of the principle of active judge (dominus litis) in the stage of proof at the trial? The research method used is normative legal research with a legal approach.]]>
<![CDATA[Perlindungan Hukum terhadap Pemegang Desain Industri yang Sama dengan Merek yang Berbeda ]]>
<![CDATA[Ni Komang Monica Dewi Maheswari]]>;
<![CDATA[I Nyoman Putu Budiatha]]>;
<![CDATA[Ni Made Puspasutari Ujianti]]>
<![CDATA[ Jurnal Preferensi Hukum Vol. 2 No. 1 (2021): Jurnal Preferensi Hukum ]]>
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DOI: 10.22225/jph.2.1.3049.39-44
<![CDATA[Industrial design and brand that has been registered could not be replicated, copied, or rented out without the consent of the owner of the design and brand. The design industry and brand need to be protected in order to create the conditions of the business world that is safe and fair. Right to intellectual property has an important role in protecting the inventors thought that in order to avoid the behavior of a cheat. It is due to intellectual property rights is a right that was born from the thpught which are outlined in a wide variety of creation and provide benefits for its creator. The law provides protection to holders of rights in the form of prevention of the business of cheating that make, use, sell, and distribute goods produced without the permission of the owner right. If there are people and companies who cheated on industrial design it can be given administrative sanctions or criminal sanctions in prison.]]>
