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[Perlindungan Hukum terhadap Hak Waris Anak yang Lahir dari Perkawinan Tidak Dicatatkan ]]>
<![CDATA[Ni Luh Putu Ayu Lestari]]>;
<![CDATA[Ni Luh Made Mahendrawati]]>;
<![CDATA[I Ketut Sukadana]]>
<![CDATA[ Jurnal Preferensi Hukum Vol. 2 No. 1 (2021): Jurnal Preferensi Hukum ]]>
Publisher : <![CDATA[Warmadewa Press ]]>
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DOI: 10.22225/jph.2.1.3050.51-55
<![CDATA[The validity of a marriage if carried out according to the laws of religion and their respective beliefs and recorded in accordance with the applicable laws and regulations, so as to obtain a deed as proof of a marriage. However, in many societies that do not register their marriages, the consequences will have an impact on children born; therefore there is a need for legal protection. The formulation of the problem in this study (1) how is the position of children born of marriage not recorded? (2) How is the legal protection of the inheritance rights of children born of marriage not recorded? This study aims to determine (1) the position of children born of marriage not listed, (2) legal protection of inheritance rights of children born to marriages not recorded. The method used is a type of normative legal research with a legal approach and a conceptual approach. Conclusions from the results of the study are the position of children born from unregistered marriages that are legal if they have fulfilled the requirements of their respective religions and beliefs, but the marriage does not have legal force and children born do not receive legal protection regarding their inheritance rights. The extramarital child will inherit if there is authentic evidence in the form of a birth certificate as legitimate written evidence.]]>
<![CDATA[Implikasi Penanaman Modal dalam Negeri terhadap Tingkat Pengangguran di Kawasan Pariwisata Candidasa Karangasem ]]>
<![CDATA[Ni Made Budi Kartika]]>;
<![CDATA[Desak Gede Dwi Arini]]>;
<![CDATA[Luh Putu Suryani]]>
<![CDATA[ Jurnal Preferensi Hukum Vol. 2 No. 1 (2021): Jurnal Preferensi Hukum ]]>
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DOI: 10.22225/jph.2.1.3051.73-77
<![CDATA[Currently Indonesia is a country which has a large population, as well as having natural resources (SDA) which is quite abundant, but the community as well as the Government has not been able to take advantage of the natural resources (SDA) in order to increase growth Economics for tackling unemployment in Indonesia, the basic policy of investing that is Act No. 25 of the year 2007, based on the legislation of local government which has the opportunity to attract investors to infuse capital both domestic and foreign, because it has the potential of karangasem geographically such as mountains and beaches become the main purpose of domestic and foreign tourists. The tourism region of candidasa is well worth to optimize as tourism and facilitate economic growth have a direct impact on the reduction of unemployment in Karangasem Regency. As for the formulation of the problem (1) How the shape of the Domestic capital investment in Candidasa Karangasem? (2) How the implications of investing in the country Against the unemployment rate in the area of tourism Candidasa Karangasem? This study uses empirical methods and qualitative data analysis and quantitative, investing in the country's positive effect to the unemployment which exists in the area of tourism candidasa karangasem, local governments have also been promotes training for job seekers at karangsem.]]>
<![CDATA[Pengawasan Orang Asing terhadap Pemberlakuan Bebas Visa Kunjungan pada Kantor Imigrasi Kelas 1 Khusus Ngurah Rai ]]>
<![CDATA[Ni Made Putri Kartika Jati]]>;
<![CDATA[I Wayan Arthanaya]]>;
<![CDATA[I Nyoman Sutama]]>
<![CDATA[ Jurnal Preferensi Hukum Vol. 2 No. 1 (2021): Jurnal Preferensi Hukum ]]>
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DOI: 10.22225/jph.2.1.3052.93-98
<![CDATA[Free visit visa is a visa granted to foreigners upon arrival in Indonesia without paying a visa for a period of 30 days and cannot be extended. Visit visa free can be given at several Immigration Examination Sites (TPI) spread throughout Indonesia. The Ngurah Rai Special Class I Immigration Office personally supervises an Immigration Checkpoint, namely I Gusti Ngurah Rai International Airport. Regarding the implementation of a visit visa-free policy, the efforts made by the immigration ranks include: increasing the number of personnel, increasing supervision of landings and entry permits for foreigners, monitoring the use of residence permits by foreigners in various places, especially in the tourism sector and in various entertainment venues, there is cooperation between agencies in preventing prevention of visa-free use to minimize potential abuse of rules. The purpose of this study was to determine the application of visa-free policies at the Ngurah Rai Special Class I Immigration Office and to find out the legal consequences of the visa-free policy at the Ngurah Rai Special Class I Immigration Office. The research method uses empirical descriptive. The results of the study indicate that the application of a visa-free policy at the Ngurah Rai Special Class I Immigration Office is in accordance with the latest regulations, namely the Republic of Indonesia Presidential Regulation Number 21 of 2016 concerning Visit Visa Free. There are 169 countries around the world whose citizens can visit Indonesia without using a visa. It aims to improve bilateral relations, especially in terms of the tourism economy where the number of foreign tourists to Indonesia is targeted by the government of 20 million tourists by 2019. Legal Consequences Caused From Visa-Free Policies At the Ngurah Rai Special Class I Immigration Office, where according to one of the immigration functions is to select every intention of arriving foreigners, there are several cases of violations of law which can be easier to enter Indonesia such as foreign workers who work without complete permission in Indonesia.]]>
<![CDATA[Pertimbangan Hakim dalam Penilaian Alat Bukti Surat pada Perkara Penetapan Ahli Waris ]]>
<![CDATA[Ni Made Sinthya Kusuma Arisanthi]]>;
<![CDATA[I Nyoman Putu Budiartha]]>;
<![CDATA[I Nyoman Gede Sugiartha]]>
<![CDATA[ Jurnal Preferensi Hukum Vol. 2 No. 1 (2021): Jurnal Preferensi Hukum ]]>
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DOI: 10.22225/jph.2.1.3053.99-103
<![CDATA[In Heritance is everything in the form of treasure relics left by the heir to the beneficiary, which is that this inheritance can be moving objects and the objects do not move or be rights and obligations. Lately very many disputes arising in consequence in the dividing of the inheritance, which, between the rights and obligations of the unbalanced or in the dividing of the inheritance that is not in accordance with the wishes of the heirs. The dividing of inheritance should be using wills avoiding disputes among the heirs, the absence of a will the heir must prove with evidence of tools that have been specified in the law. One tool evidence supports a very authentic and has the power of proof most perfect IE tool written evidence or mail. From the background of the above, the authors take the title Considerations in the Assessment of the Evidence the Judge a Letter in the Case of Determination of Heirs. In this study, used normative research, so that it can be formulated as follows: the issue of whether the evidence of a letter submitted by the applicant was the beneficiary designation in accordance with the law of civil liability, as well as how the Tribunal judges considering the evidence a letter to grant the petition for dermination of the heirs, from the formulation of the problem can be explored regarding the evidence of tools able to convince at the same time as the consideration of judges in disconnected things of the expert determination the heir. The goals of this research are: to know the strength of the evidence of a letter in the system of succession in Indonesia, as well as to know the legal reasoning used by the judge as the consideration.]]>
<![CDATA[Eksistensi Pos Bantuan Hukum (Posbakum) di Pengadilan Tata Usaha Negara Denpasar ]]>
<![CDATA[Ni Nyoman Gabriella Christiawan Putri]]>;
<![CDATA[Anak Agung Sagung Laksmi Dewi]]>;
<![CDATA[I Nyoman Sutama]]>
<![CDATA[ Jurnal Preferensi Hukum Vol. 2 No. 1 (2021): Jurnal Preferensi Hukum ]]>
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DOI: 10.22225/jph.2.1.3054.104-108
<![CDATA[Due to the development of law, legal assistance activities especially for the people that were not able to lay in law as well as the more widely in the community, which is now already so developed in Indonesia. As for the laws that regulate clearly about legal aid is law number 16 of the year 2011. Therefore, the formulation of the problem of this thesis are: 1) how the post position of legal aid (Posbakum) in providing service in PTUN Denpasar, 2) is the function of granting legal aid service in Denpasar PTUN. Research methods used to answer the problems is the normative method, a method that uses a variety of legal research legal materials of primary and secondary legal materials such as legislation, legal theory, and can be either the opinions of scholars. Based on the above research, it is very helpful to every person to obtain legal aid in legal proceedings to obtain justice. In this study the authors raised the existence of legal aid Post title (Posbakum) in the courts of the country of Denpasar.]]>
<![CDATA[Pelaksanaan Disiplin Aparatur Sipil Negara di Lingkungan Pemerintah Kabupaten Klungkung ]]>
<![CDATA[Ni Putu Ayu Sutarini Dewi]]>;
<![CDATA[I Gusti Bagus Suryawan]]>;
<![CDATA[Luh Putu Suryani]]>
<![CDATA[ Jurnal Preferensi Hukum Vol. 2 No. 1 (2021): Jurnal Preferensi Hukum ]]>
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DOI: 10.22225/jph.2.1.3055.109-113
<![CDATA[In order to realize national goals, ASN is in charge of providing public services. In serving the community, there are still many ASNs whose performance is not satisfactory in serving the community and many ASNs that violate disciplinary regulations. Discipline violations of the State Civil Apparatus include disobeying obligations and or violating the prohibition of the provisions of the ASN discipline, both those carried out inside and outside working hours. The problem of this research is about the application of penalties to the State Civil Apparatus who violate discipline and inhibiting factors in imposing sanctions. The method used in this study is empirical research with primary and secondary legal materials and legal material collection techniques by directly dropping space, interviews and literature studies. The results of the study were the application of penalties against ASN that violated the rules according to the level of violations committed and applied in accordance with Law No. 53 of 2010. The factors that become a barrier in the implementation of sanctions in the Klungkung Regency Government Environment are caused by the lack of strict attitude of the superiors and the high level of nepotism or kinship system as well as the political conditions in the Klungkung Regency government in general and the Secretariat in particular .]]>
<![CDATA[Koordinasi Wewenang Komisi Pemberantasan Korupsi (KPK) dengan Penegak Hukum Lainnya dalam Melakukan Penyidikan Tindak Pidana Korupsi ]]>
<![CDATA[Ni Putu Gita Loka Chindiyana Dewi]]>;
<![CDATA[I Nyoman Sujana]]>;
<![CDATA[Luh Putu Suryani]]>
<![CDATA[ Jurnal Preferensi Hukum Vol. 2 No. 1 (2021): Jurnal Preferensi Hukum ]]>
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DOI: 10.22225/jph.2.1.3056.119-124
<![CDATA[Corruption is a problem in the economy of every nation in the world, whether in Government or private environments. With the promulgation of Act No. 31 of the year 1999 Jo Act No. 20 year 2001. The Government in the year 2002 through Law – Law Number 30 year 2002 about corruption eradication Commission formed corruption eradication Commission (KPK) which is a specialized agency in dealing with the special corruption. At issue is how the authorities of the corruption eradication Commission (KPK) in conducting the investigation, the crime of corruption? And how coordination between the corruption eradication Commission (KPK) and other law enforcement agencies in conducting the investigation, the crime of corruption? The study used is the normative legal research i.e. research examines law is a law written from various aspects, but does not examine aspects of applied or implementation. Approach this research method by means of reviewing all laws, understanding the hierarchy of principles and legislation. The conclusion in May of this research is that in regards to the investigation of criminal acts of corruption, the corruption eradication Commission (KPK) has authority that is doing the coordination and supervision that can perform the takeover against investigation or the prosecution conducted by the Police and the Prosecutor's Office. But in the relationship between the coordination with other law enforcement agencies KPK still haven't made good cooperation.]]>
<![CDATA[Diversi terhadap Pelaku Pembuangan Orok Bayi oleh Anak (Studi Kasus Pengadilan Negeri Denpasar) ]]>
<![CDATA[Ni Putu Lalitha Candra Laksmi]]>;
<![CDATA[Anak Agung Sagung Laksmi Dewi]]>;
<![CDATA[Diah Gayatri Sudibya]]>
<![CDATA[ Jurnal Preferensi Hukum Vol. 2 No. 1 (2021): Jurnal Preferensi Hukum ]]>
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DOI: 10.22225/jph.2.1.3057.130-134
<![CDATA[This journal is titled Diversion Against Actors Disposing Baby Orok by Children Like adults, children as perpetrators of crimes will also experience a legal process that is identical to adults who commit criminal acts, the meaning of identical words here means almost the same, different only time period and how to handle it. Diversion is the transfer or transfer of the judicial process into an alternative process of settlement of cases, namely through deliberations of recovery or mediation. The problem 1 what is the Judge's consideration for deciding Diversion on Children as Actors? And 2 what is the criminal sanction inflicted on children as perpetrators of criminal offenses by babies? The approach to the problem used in this study, this study uses a type of normative legal research called doctrinal legal research. The problem approach in this research is carried out by using the legislative approach method by examining all laws and regulations relating to the relevant legal events, conceptual approaches that move from the views and doctrines that develop in law, and case approach. Judge's consideration in determining the diversity of perpetrators of childbirth disposal by children, this case is found in case No. 18/Pid.SusAnak/2016/PN.Dps, children are given the opportunity to correct mistakes and be returned to their parents to be guarded and guided and to be fostered so that the child does not do the deed again.]]>
<![CDATA[Tindak Pidana Aborsi Akibat Perkosaan ]]>
<![CDATA[Ni Putu Ratih Puspitasari]]>;
<![CDATA[I Made Sepud]]>;
<![CDATA[Ni Made Sukaryati Karma]]>
<![CDATA[ Jurnal Preferensi Hukum Vol. 2 No. 1 (2021): Jurnal Preferensi Hukum ]]>
Publisher : <![CDATA[Warmadewa Press ]]>
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DOI: 10.22225/jph.2.1.3058.135-139
<![CDATA[Abortion is an abortion wherein in an abortion in the body there is a fetus but it is not perfectly shaped. According to the Criminal Code the abortion is prohibited for any reason, but the Health Law provides exceptions if medical indications. The problem is how is the regulation of the crime of abortion? And what are the criminal sanctions against perpetrators of criminal acts of abortion due to rape? The type of research used is normative legal research, with a legal and conceptual problem approach. Legal material comes from primary and secondary legal materials; the technique of collecting legal materials is by reviewing the laws and regulations governing abortion. Analysis of descriptive legal material analysis and adjusting to legal arguments. The regulation of abortion in the Criminal Code is regulated in article 346 of the Criminal Code, 347 of the Criminal Code, 348 of the Criminal Code and 349 of the Criminal Code. While the regulation of abortion in the Health Law is regulated in Articles 75, 76, 77 and Article 194 of Law No. 36 of 2009 concerning Health. Sanctions for abortion offenders can be subject to articles in the Criminal Code, namely Article 346 subject to a maximum sentence of four years in prison. Where as in article 347-349 the Criminal Code can be imprisoned for a maximum of fifteen years. In the Health Law, the maximum criminal threat is 10 years and a maximum fine of Rp. 1,000,000,000.00 (one billion rupiah). Conclusion, if the abortion is done not because of medical indications, then the act of abortion can be claimed as a crime.]]>
<![CDATA[Penyelesaian Tindak Pidana Penindasan yang Dilakukan oleh Anak melalui Mediasi Penal ]]>
<![CDATA[Nyoman Ardana]]>;
<![CDATA[Simon Nahak]]>;
<![CDATA[I Ketut Sukadana]]>
<![CDATA[ Jurnal Preferensi Hukum Vol. 2 No. 1 (2021): Jurnal Preferensi Hukum ]]>
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DOI: 10.22225/jph.2.1.3059.140-144
<![CDATA[In handling the settlement of criminal acts carried out by a child in terms of oppression must use a justice approach. Then the formulation of the problem in this study is (1) how the legal settlement of the child victims of criminal acts of oppression, (2) how to settle the crime of oppression through reasoning mediation based on the child criminal justice system law. In this study are using normative legal methods, with a legal approach and conceptual approach. From this research, oppression is a matter of using violence, threats, or coercion to abuse or intimidate others both physically and non-physically. Discusses the settlement of criminal acts of oppression through reasoning mediation based on the child criminal justice system law on children who commit criminal acts of oppression can be subject to punishment in the form of witness prosecution and actions in accordance with article 71 and 82 of Law Number 11 of 2012 concerning Child Criminal Justice System . In the settlement of criminal acts of oppression through reasoning mediation which is a type of justice such as various teachings of justice (attributive reasoning, distributive reasoning, social reasoning), has the concept of punishment that finds a way to enforce a more just and balanced system of punishment and can be carried out at prosecution and court proceedings with consideration of legal certainty, the benefit of law and legal justice for the victims and the perpetrators of the persecution.]]>
