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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396 Documents
<![CDATA[Perlindungan Hukum Nasabah Kartu Kredit dalam Perspektif Undang-Undang Nomor 8 Tahun 1999 ]]>
<![CDATA[Nyoman Triananda Prayoga]]>;
<![CDATA[I Nyoman Sujana]]>;
<![CDATA[Ni Made Puspasutari Ujianti]]>
<![CDATA[ Jurnal Preferensi Hukum Vol. 2 No. 1 (2021): Jurnal Preferensi Hukum ]]>
Publisher : <![CDATA[Warmadewa Press ]]>
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DOI: 10.22225/jph.2.1.3060.145-149
<![CDATA[At this time the technology has been developing rapidly, as well as means of payment. If the first payment can only be done with cash, current payment already can be done by credit card. When the first buyers and sellers have to meet directly, unlike with the current buyers no longer have to meet with the seller directly. A credit card is a plastic card issued by a bank that provides credit services. But many cases credit card used another person, which is possible because the card is missing or scams online, these problems can be analysed as follows: 1) What kind of legal protection for customers according to credit card Consumer Protection Legislation? 2) How the legal consequences if a credit card were used by someone else? This presentation uses research methods are normative, legal rules and legal norms according are the norm in the form of orders or prohibitions it in accordance with the principle of the law and whether one's actions is in compliance with legal norms with the approach of legislative and conceptual. This research requires a source of secondary legal materials as primary legal materials. Form of legal protection given by the Government in the form of legislation, but the legislation has not been effective. Legal consequences if the credit card used another person's credit card, the customer must still pay the Bills that go up to the customer to report in writing. The Government should streamline the laws and make special laws about credit cards as well as the bank and the customer must be open.]]>
<![CDATA[Perkawinan yang Tidak Dicatatkan dalam Masyarakat Hindu di Bali ]]>
<![CDATA[Pande Putu Gita Yani]]>;
<![CDATA[I Ketut Sukadana]]>;
<![CDATA[Luh Putu Suryani]]>
<![CDATA[ Jurnal Preferensi Hukum Vol. 2 No. 1 (2021): Jurnal Preferensi Hukum ]]>
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DOI: 10.22225/jph.2.1.3061.150-155
<![CDATA[According to Article 2 of Law Number 1 of 1974 concerning Marriage, that marriage is considered valid if carried out according to religion and belief, and registered with civil registration. The divorce process is not stated in the Hindu community in Bali and due to marriage which is not recorded in the Hindu community in Bali. The research method uses a type of normative research, legal research that examines written law and divided aspects. Over time, problems often arise as a result of disharmony in domestic life. As a divorce arises, divorce is the end of a marriage. In Law No. 1 of 1974 the termination of marital ties can be caused by death, divorce, and court decisions. In the trial the divorce case does not have a marriage certificate so it can be replaced with a statement from the village.]]>
<![CDATA[Sanksi Pidana terhadap Para Pemasang dan Promosi Iklan Bermuatan Konten Judi Online ]]>
<![CDATA[Pande Putu Rastika Paramartha]]>;
<![CDATA[Anak Agung Sagung Laksmi Dewi]]>;
<![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.2.1.3062.156-160
<![CDATA[Online gambling is a phenomenon that cannot be denied and is found in the community. In promoting online gambling, site owners usually advertise their online gambling sites to internet. Because this is the dissemination and development of online gambling sites is growing rapidly. From the above background, the problem can be formulated as follows: How is the regulation of criminal sanctions against the installer and promotion of online gambling advertisements and What are the criminal sanctions against the installer and promotion of online gambling advertisements The research method used is the type of normative research that is the type of research by conducting its assessment based on legal materials from the prevailing literature and legislation. The legal arrangements for advertisers and promotions of online gambling are regulated in Law Number 11 of 2008 concerning Electronic Information and Transactions in article 27 paragraph 2 which reads: "Everyone intentionally and without rights distributes and or electronic documents containing gambling "Criminal sanctions against advertising and promotion of online gambling advertisements are regulated in article 45 paragraph 1 of Act Number 11 of 2008 concerning Information and Electronic Transactions, namely criminal penalties with a maximum of 6 (six) years and or a maximum fine of Rp.1,000,000,000.00 . (one billion rupiah).]]>
<![CDATA[Perlindungan Hukum bagi Penyandang Disabilitas dalam Angkutan Udara ]]>
<![CDATA[Priscila]]>;
<![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.2.1.3063.161-165
<![CDATA[Transportation is currently divided into three types, namely land transportation, sea transportation and air transportation. Nowadays, many people prefer to use air transportation since air transportation can travel long distances in a relatively shorter time. However, it is not infrequently for airlines to cause losses to consumers, especially to people with disabilities. Where as fact people with disabilities should get special treatment. Therefore, these problems can be examined as follows: 1) how is the legal protection for people with disabilities in the positive law in Indonesia? 2) What is the regulation of the rights of consumers with disabilities as airplane passengers? This presentation used normative research methods to find whether there are legal rules according to legal norms or not, whether there are norms in the form of orders or prohibitions in accordance with legal principles or not and whether one’s actions are in accordance with legal norms or not by using a legal and conceptual approach. This research required a source of secondary legal material as the main legal material. People with disabilities have the right to receive special services and facilities while at an airport or aircraft. The government has made legislation as a form of legal protection for people with disabilities. Nevertheless, the government must be more assertive in order to avoid discrimination against people with disabilities. Furthermore, it is not only the government that must provide legal protection for people with disabilities but also the community. The community must change the mindset about people with disabilities who are considered unable to do anything, and they must help people with disabilities to get equal treatment before the law.]]>
<![CDATA[Perjanjian Pengikatan Jual Beli Hak atas Tanah sebagai Dasar Pembuatan Akta Jual Beli Dihadapan PPAT ]]>
<![CDATA[Putu Arya Bagus Utama]]>;
<![CDATA[I Nyoman Sumardika]]>;
<![CDATA[Ni Gusti Ketut Sri Astiti]]>
<![CDATA[ Jurnal Preferensi Hukum Vol. 2 No. 1 (2021): Jurnal Preferensi Hukum ]]>
Publisher : <![CDATA[Warmadewa Press ]]>
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DOI: 10.22225/jph.2.1.3064.177-181
<![CDATA[For human life, land has an important role because there is a direct relationship between humans and land. Land is the main and largest capital of Indonesia. The problems of this study are 1) Is the basis for the agreement on the sale and purchase of land rights by the parties? 2) Is PPAT authorized to make deed of sale and purchase of rights to land based on the sale and purchase agreement made by the parties? The research method used is a normative legal research method, with a literature study of primary and secondary legal materials. The results of the study can be concluded that: 1) The Agreement on the Sale and Purchase is made by the parties because the agreement that binds the seller to the buyer so as not to offer objects that are traded to other buyers, and the price of the object being traded is definitely price and there is no price increase. 2) The Land Deed Maker Officer has the authority to make the sale and purchase deed of land rights based on the sale and purchase agreement by the parties stated in article 4 paragraph 1 of Government Regulation Number 37 of 1998 concerning the Position Regulations of the Land Deed Making Officer. In this case, it is expected that the Land Deed Maker Officer in making a deed of sale and purchase in accordance with the applicable Law.]]>
<![CDATA[Penerapan Mediasi dalam Penyelesaian Sengketa Wanprestasi Hutang Piutang di Pengadilan Negeri Gianyar ]]>
<![CDATA[Putri Anggun Puspasari]]>;
<![CDATA[Ni Luh Made Mahendrawati]]>;
<![CDATA[Desak Gede Dwi Arini]]>
<![CDATA[ Jurnal Preferensi Hukum Vol. 2 No. 1 (2021): Jurnal Preferensi Hukum ]]>
Publisher : <![CDATA[Warmadewa Press ]]>
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DOI: 10.22225/jph.2.1.3065.182-187
<![CDATA[Mediation is an alternative form of dispute resolution. Mediation has grown and developed, running fast, the desire of humans or the community to resolve disputes quickly, and satisfying both parties to the dispute, According to PERMA No. 1 of 2016 concerning Procedure for Mediation in the Court determining that Mediation is a way to settle disputes peacefully, quickly, right, and effective, can open wider access to the parties to the dispute to obtain a settlement of the case, and get a sense of justice. Accounts payable is an agreement that creates rights and obligations between creditors and debtors who are reciprocal. Accounts payable is regulated in Chapter Thirteenth of the Third Book of the Civil Code, in Article 1754 of the Civil Code. The problem is how is the application of mediation in resolving disputes over debt defaults in the Gianyar District Court? And what are the factors that influence the success of mediation in the Gianyar District Court? The research used is empirical legal research, which is looking at society in the real sense. And the problem approach used is the approach of cases in the Gianyar District Court. The conclusion obtained from this study is that the application of mediation in the Gianyar District Court is in accordance with Supreme Court Regulation No. 1 of 2016, and the factors that hinder the mediation process in the Gianyar District Court, namely both litigants do not come in the mediation process so the mediation process failed.]]>
<![CDATA[Pembunuhan Anak oleh Ibu Kandung yang di Bawah Umur ]]>
<![CDATA[Putu Ayu Devi Laxsmi]]>;
<![CDATA[I Ketut Sukadana]]>;
<![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.2.1.3066.188-192
<![CDATA[A phenomenon of the occurrence of criminal acts committed by children with various and various cases and characteristics that have not been able to account for their actions legally, which in Law Number 11 of 2012 concerning the Juvenile Justice System, is intended to provide protection and protection for children in to welcome his long-term future, but besides children as victims of criminal acts, it is possible for children to be criminals. Therefore, how is the judge's judgment in imposing a criminal sentence on a child who commits a criminal act of murder in Decision Number: 18/Pid.Sus.Anak/2016/PN. Dps? And what is the criminal sanction imposed by the judge on the perpetrator of the crime of murder the Number: 18 /Pid.Sus.Anak/2016/PN. Dps. In this study the author uses the Normative research method through his study of literature studies, while the problem approach in this study uses a legislative approach that analyzes legislation and uses a conceptual approach that analyzes problems with legal concepts from books and literature and approaches the case. The results of this study are Judges in considering criminal cases Number: 18/Pid.Sus.Anak /2016/PN. DPS, which is carried out by children because the perpetrators of criminal offenses are still underage, and have never committed an unlawful act before and promised not to repeat other violations of law. And Based on the case of killing a child as referred to in case Number: 18/Pid.Sus.Anak/2016 /PN. DPS, the coercion of criminal sanctions is not applied, but the implementation of Diversion lead on number 11 of 2012 concerning juvenile justyce sistem and in paragraph (2) letters a and b must be sought for Diversion, with terms and conditions Parents are willing to maintain, guide and supervise their children so that they will not repeat their actions.]]>
<![CDATA[Akibat Hukum Penebangan Hutan secara Liar ]]>
<![CDATA[Putu Ayu Irma Wirmayanti]]>;
<![CDATA[Ida Ayu Putu Widiati]]>;
<![CDATA[I Wayan Arthanaya]]>
<![CDATA[ Jurnal Preferensi Hukum Vol. 2 No. 1 (2021): Jurnal Preferensi Hukum ]]>
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DOI: 10.22225/jph.2.1.3067.197-201
<![CDATA[Formerly the Indonesia forest rich in diversity and different kinds of populations in them but this time the forests of Indonesia into the world's endangered forests because of the result of the destruction of forests by cutting down trees in the wild. Wild forest logging becomes one of the factors of damage in forest area is currently logging the forest resulting in negative impact be bald. Although there are already rules governing logging prohibitions are still many wild is also the person who is doing the logging of trees in the forest are wild. The problem of this research is to 1) How is regulate about the prohibition on logging in wild? 2) How is the application of the sanctions for the perpetrators of the deforestation in the wild? Research methods used are normative, legal research methods with the study of the library of primary and secondary legal materials. Research results can be concluded that: 1) the prohibitions of wild forest logging is regulated in the law of forestry Number 41 Year 1999, Act No. 18 years 2013 on prevention and eradication of Forest Destruction and regulations Government forest protection Number 28-year 1985. 2) Penalties for perpetrators who commit illegal logging may include civil penalties, administrative sanctions and criminal sanctions. Of that society expected to care about the environment, because one of the causes of the occurrence of natural disasters, namely wild deforestation.]]>
<![CDATA[Penerapan Diversi melalui Pendekatan Keadilan Restoratif (Restorative Justice) pada Anak Pelaku Penyalahgunaan Narkotika ]]>
<![CDATA[Putu Ayu Sarina Selsa Oktaviani]]>;
<![CDATA[Anak Agung Sagung Laksmi Dewi]]>;
<![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.2.1.3068.202-206
<![CDATA[This research aims to find out how implementation of the diversion of the perpetrators of the abuse of narcotic drugs by using the method of the approach of restorative justice by involving the perpetrator, the victim, the family of the offender or the victim, community counselors and professionals. The research method used is the normative legal research with approach of legislation, articles as well as the doctrine or the views from experts associated with the diversion and narcotic in children. With regard to the handling of child abuse of narcotic drugs, the problems in this thesis is the arrangement of diversion by law about the criminal justice system of the child and the application of diversion through approach restorative justice in the criminal offence of child perpetrator of abuse of narcotic. The settings regarding diversion here is actually a settling criminal acts with children outside of the criminal justice process. Where the diversion can be carried out against the perpetrator of the crime that the threat of punishment of less than 7 (seven) years and is not a repetition of the crime. Against the application of the abuse of narcotics diversion for children conducted through deliberation in accordance whit the provisions of article 8 of law about the criminal justice system so that children can make a deal with diversion consider the child’s interests, in this case intended to avoid and keep children from the judicial process. In terms of the results of the diversion agreement already agreed upon with the parties where the implementation of the outcome of the diversion agreement would of course also have to be monitored both from the elderly, the environment, and investigators also rehabilitation center to ascertain if the result of the diversion deal was already done by the child and reported to the Chairman of the District Court where the implementation of such diversion is implemented.]]>
<![CDATA[Penerapan Sanksi Pemerintahan pada PT. Mirtasari Development ]]>
<![CDATA[Putu Dyah Prastiti Sukma Febriany]]>;
<![CDATA[Ida Ayu Putu Widiati]]>;
<![CDATA[I Wayan Arthanaya]]>
<![CDATA[ Jurnal Preferensi Hukum Vol. 2 No. 1 (2021): Jurnal Preferensi Hukum ]]>
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DOI: 10.22225/jph.2.1.3069.207-212
<![CDATA[Of natural resources is the primary object for any development Countries Indonesia, thus unwittingly slowly at least not among them triggering pollution and/or destruction of the environment. Therefore, the need for law enforcement that is reflected in the legislation. The problem of this research were: 1 a complaints handling procedure) how pollution and/or destruction of the environment? 2) How the application of sanctions to force the Government in pt. Mirtasari Hotel Development? The type of research and the approach used is the juridical problems of empirical and juridical sociological. Source material source materials used law of law of primary and secondary sources of law. Legal materials collection techniques are used namely study library and field. As well as legal materials collected processed and analyzed with the use of legal argumentation. As for the results of this research are the complaints handling procedures due to contamination and/or destruction of the environment will be followed up by agencies or institutions or the PPLHD PPLH advance has received complaints directly or not direct, which is then followed up with several stages, namely: the stages of the preparation, the implementation of field verification, data analysis, and final verification report the complaint. The application of administrative sanctions the Government at PT. Mirtasari Hotel Development was given by the Minister of the environment in the form of the action force to immediately complete the related permit temporary storage of waste, waste water disposal B3, B3 waste submission to third parties, as well as complement the facilities by the rules in the temporary storage of waste B3.]]>
