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Jurnal Preferensi Hukum (JPH)

juprehum
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Published by Universitas Warmadewa

ISSN : 27465039 EISSN : 28099656 DOI : https://doi.org/10.55637/jph

Core Subject : Social,

Law, Crime, Criminology & Criminal Justice

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.

Arjuna Subject : Ilmu Sosial - Hukum

Articles 396 Documents

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Analisis Yuridis Pertanggungjawaban Pidana Terhadap Anak Sebagai Pelaku Tindak Pidana Penyalahgunaan Narkotika (Studi Penetapan Nomor. 22/Pid.Sus- Anak/2016/Pn.DPS) Utari Paramita Devi; Anak Agung Sagung Laksmi Dewi; Luh Putu Suryani
Jurnal Preferensi Hukum Vol. 2 No. 2 (2021): Jurnal Preferensi Hukum
Publisher : Warmadewa Press

Currently, Indonesia is in a state of emergency on drugs because its abuse is widespread in society, starting from size, class, and age. Drug abuse is not only done by the adult class but also by minors, it damages the mental and soul of the generation. The Indonesian government has passed a law related to the protection of minors who are victims of Narcotics abuse based on Law no. 35/2014 on PA. This study examines criminal sanctions against criminal acts of child participation as narcotics abuse and analyzes judges' considerations in deciding cases in determining sanctions based on Number. 22 / Pid.Sus Anak / 2016 / PN Dps. This study employed normative research, with a statutory perspective. Sources of data were primary and secondary legal materials obtained through interviews, reading, and examining legal theories related to the problem being researched. After all, data was collected, it was analyzed descriptively qualitatively. The results of the research showed that the criminal sanctions imposed on the involvement of children as drug abusers must be aimed at improving themselves, and the judge's consideration in deciding this case was by taking into account the provisions of Article 12, Article 52 paragraph 5 of Law no. 11/2012 concerning SPPA.

Peran Pendamping (Paralegal) dalam Memberikan Perlindungan Hukum Bagi Perempuan Korban Kekerasan dalam Rumah Tangga Cokorda lstri Dharmasatyari; I Nyoman Gede Sugiartha; Ni Made Sukaryati Karma
Jurnal Preferensi Hukum Vol. 2 No. 2 (2021): Jurnal Preferensi Hukum
Publisher : Warmadewa Press

This study aims to analyze the role of paralegals in The Indonesian Women's Alliance for Justice Legal Aid Institute and reveal the obstacles faced in solving problems in the sphere of women and also clearly study the role of mentoring for women who are victims of domestic violence. This study used empirical legal research with a statutory legal approach. Sources of data were primary and secondary legal materials obtained through interviews and assisted by literature studies from various literature. The results showed that the role of the paralegal was very important starting from the victim submitted a complaint and reported her complaint to LBH APIK, the paralegal gave considerations regarding the legal process that would be passed until the trial was carried out, and the legal process was completed. This assistance was intended to provide and increase feelings of security, comfort, and peace mentally and physically when the victim has this problem, and so that the victim did not get confused as well when the legal process took place. The obstacle to the lack of members made the existence of paralegals in each region ineffective.

Tinjauan Yuridis Tindak Pidana Penggelapan Sertifikat Hak Milik Studi Kasus Putusan Nomor 733/Pid.B/2018/Pn.Dps. Made Fiorentina Yana Putri; I Made Minggu Widyantara; Luh Putu Suryani
Jurnal Preferensi Hukum Vol. 2 No. 2 (2021): Jurnal Preferensi Hukum
Publisher : Warmadewa Press

The crime of embezzlement is a form of crime against human assets, which is regulated in the Criminal Code. The crime of embezzlement often occurs in all fields, even the perpetrators at various levels of society, from the lowest level to the top layer, can commit the crime of embezzlement, which is a crime that starts with a belief in other people so that trust disappears because of the weakness of honesty. This study aims to examine the legal arrangements for embezzlement and to analyze the legal considerations in imposing a verdict on the embezzler of title deeds that may result in losses. The method used was normative legal research with the statutory, case, and conceptual approaches. Sources of data were sourced from primary and secondary legal materials obtained through interviews and documentation and recording. The results showed that in case No.733 / Pid.B / 2018 / PNDPS, it was found that it had fulfilled the elements in article 372 because it fulfilled the elements of embezzlement, the perpetrator was subject to sanctions, the perpetrator was charged with article 372 of the Criminal Code where the threat of punishment is a maximum of four years in prison and a maximum fine of nine hundred rupiahs. The legal considerations by the judge in making the verdict in case No.733 / Pid.B / 2018 / PNDPS were in accordance with existing legal regulations, based on evidence, namely, witness testimony and the defendant's testimony during the trial. The Panel of Judges is expected to be based on the facts revealed during the trial and to judge that the defendant can be held accountable for his actions, that the defendant carried out his actions in a condition that was both mentally and physically healthy

Pertanggungjawaban Pidana terhadap Pelaku Penghinaan Partai Politik I Komang Giri Maharta; I Gusti Bagu Suryawan; Ni Made Sukaryati Karma
Jurnal Preferensi Hukum Vol. 2 No. 2 (2021): Jurnal Preferensi Hukum
Publisher : Warmadewa Press

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Insult to political parties in Indonesia can cause serious problems if not dealt with legally. self-interest and bad political practice will provoke humiliation for party political opponents. Every political party must be a legal entity so that it is not easy to overthrow one of the political parties. This study examines the punishment arrangements for insulting political parties and analyzes the criminal responsibility associated with insulting political parties. This study was designed using normative research with an approach to statutory problems related to insulting acts against political parties. Sources of legal materials were primary and secondary data obtained through recording and documentation techniques. The results showed that the regulation of humiliation of political parties is made in order to achieve a sense of security and can protect those who are the object of humiliation. Insult can be said to be a criminal act because it violates the law that can be done intentionally or unintentionally. There must be accountability for these acts based on applicable law and declared as an act that is punishable by imprisonment or a fine as stipulated in Article of the Criminal Code. 207.

Penyalahgunaan Perbincangan Interaktif dalam Aplikasi Bigo Live sebagai Media Komunikasi yang Bermuatan Tindak Pidana Pornografi Kadek Indra Prayogi; Anak Agung Sagung Laksmi Dewi; I Made Minggu Widyantara
Jurnal Preferensi Hukum Vol. 2 No. 2 (2021): Jurnal Preferensi Hukum
Publisher : Warmadewa Press

Developments in Information Technology have contributed greatly to the evolution of the world. The era also influences the lifestyle of people, including crime, for example, the pornography crime in Bigo Live. The problems are I) How is the legal arrangement for interactive conversations in the Bigo live application in relation to the enactment of the pornography law? and 2) What is the punishment for misuse of the Bigolive application as a media communication that contains pornography? The purpose of this research is to find out the legal arrangements for the crime of pornography in the Bigo live application in Indonesia as well as to find out criminal sanctions against criminal acts of misusing the Bigo live. The method used is the normative method. The statutory regulations that are used as references in solving criminal cases of abuse of the Bigo live application are article 282 paragraph (I) of the Criminal Code, the !TE Law in article 27 paragraph (I) jo 45 paragraph (I), and 4 paragraph (I), 29, 31, and 32 in Pornography Law.

Perlindungan Hukum Terhadap Pengguna Jasa Telekomunikasi dalam Pelanggaran Data Pribadi Melalui sms Broadcast Aziz Muhaimin; Ni Made Jaya Senastri; Ni Made Sukaryati Karma
Jurnal Preferensi Hukum Vol. 2 No. 2 (2021): Jurnal Preferensi Hukum
Publisher : Warmadewa Press

11 the progress of the modern era today where the development of internet technology,SMS and social media becomethe main thing in every need of society in socializing and conductingpromotionsat an affordablecost andfast in reaching consumers,so that indirectlythe exchange ofpersonaldata informationthat is not known by service users who are often misused by irresponsiblepeople. Which in practiceis to use SMSBroadcast which is one method of sending messagesto many numbers from one source with the same message with one number to another consumer number. From the statement, there are 2 problems, namely How to set the law of telecommunicationservice users in the field of advertising and How to protectthe lawfor consumers with the existence ofpersonaldata breaches through SMS Broadcast.The method to be used is a method of normative legal research. The conclusion outlines that Article I of the Consumer Protection Law Serves as the legal basis for the protection of telecommunication service users, while in Article 26 of the /TE Law is used as the legal basis for the use of personal data, which in this case is SMS Broadcast

Perlindungan Hukum Terhadap Konsumen yang Dirugikan Atas Kelalaian Pelaku Usaha Cuci Sepatu di Denpasar Timur I Wayan Indra Adi Wicaksana; I Nyoman Putu Budiartha; Ni Made Puspasutari Ujianti
Jurnal Preferensi Hukum Vol. 2 No. 2 (2021): Jurnal Preferensi Hukum
Publisher : Warmadewa Press

Public interest in shoes is a special need, shoes are in great demand by millennials because they are useful for protecting feet. The habit of collecting these shoes arises from the desire of humans to keep their goods so they don't get damaged quickly and stay clean for a Long time. However, there are still cases of damage to shoes that cause Losses to consumers and there is no responsibility from the shoe washing service. The research method used is the type of empirical Law, empirical legal research aims to find facts, and conduct interviews. There are internal and external factors that cause damage to consumer shoes by business actors. So that responsibility for losses cannot be carried out unilaterally between business actors and consumers because there are Legal remedies that can be taken if they are harmed. Lack of knowledge and understanding fromconsumers, makes the position of consumers lower than business actors. So with the existence of Law Number 8 of 1999 concerning Consumer Protection, both parties need to know so that their rights and obligations are not violated.

Tanggung Jawab Pemerintah Terhadap Penanggulangan Covid-19 dalam Rangka Pelayanan Medis di Rumah Sakit Ni Komang Rosi Triana Ayu Nuratih; I Ketut Kasta Arya Wijaya; Ida Ayu Putu Widiati
Jurnal Preferensi Hukum Vol. 2 No. 2 (2021): Jurnal Preferensi Hukum
Publisher : Warmadewa Press

Health is an important aspect and become a measure of the welfare of the people of a country. The development of national development, one of them is in the health sector, must be in accordance with and based on Pancasila and the 1945 Constitution of the Republic of Indonesia. The purpose of this research is to reveal the government's responsibility for handling Covid-19 patients and legal protection for Covid-19 patients medical services in the hospital. The research method used is normative. The assessment is carried out by means of a literature study which is specifically related to law in the health sector. The data sources used were prmiary, secondary and tertiary sources and were analyzed systematically. The result of this research indicates that the responsibility of the government for Covid-19 patients provides rights to patients regulated in related regulations. If the government and parties who violate the rights that should be received by Covid-19 patients, they can be subject to sanctions in accordance with applicable regulations. Legal protection or the issuance of legal rules regarding the rights of Covid-19 patients aims to protect the community itself.

Perlindungan Hukum Bagi Perusahaan Leasing Terhadap Debitur Wanprestasi Ni Luh Ayu Regita Cahyani; I Nyoman Putu Budlarta; Ni Made Puspasutari Ujianti
Jurnal Preferensi Hukum Vol. 2 No. 2 (2021): Jurnal Preferensi Hukum
Publisher : Warmadewa Press

Disputes often occur in leasing companies, one of them is breach of content. This activity is carried out by the debtor who should have an obligation to carry out achievements in a contract against the leasing company. The purpose of this research is to reveal the form of legal protection for leasing companies and the legal consequences that arise when the debtor makes an interpretation. This research uses normative legal research, which is studied using literature research. Sources of legal materials used are primary legal materials and tertiary legal materials which can support secondary legal materials. The materials that have been obtained are then analyzed using descriptive techniques, where this technique describes legal issues which are then interpreted systematically and grammatically. The results of the research reveal that the standard agreement provided by the leasing party contains rights and obligations that are borne by the debtor and if the obligations cannot be fulfilled, then a subpoena can be given to the debtor if the obligations are not fulfilled, the capital goods that become the object can be withdrawn, as a result. the debtor can lose the rights to the item and the leasing party can terminate the agreement unilaterally.

Pelaksanaan Pemberian Pembebasan Bersyarat (Pb) pada Warga Binaan di Rumah Tahanan Negara Kelas II b Gianyar pada Masa Pandemi Covid 19 I Made Irvan Ariansyah Putra; Anak Agung Sagung Laksmi Dewi; Ni Made Sukaryati Karma
Jurnal Preferensi Hukum Vol. 2 No. 2 (2021): Jurnal Preferensi Hukum
Publisher : Warmadewa Press

Indonesia is a country of law, therefore the imposition of sanctions in the form of detention is a way to provide a deterrent effect on the actions committed, namely by providing guidance, granting the right to parole is a form of guidance aimed at enabling prisoners to interact healthily with the community. The purpose of this research is to analyze the legal arrangements regarding the system of guiding prisoners through efforts to grant parole rights at the Gianyar Class II B State Prison and the obstacles in the implementation of the provision of parole in the Gianyar Class II B State Prison during the Covid-19Pandemic. The method used is empirical with legal data sources in the form of secondary and primary with data collection techniques, namely through interviews, after the data is systematically compiled and linked from one data to another then will be explained clearly and in detail. The result of the research reveals that the Regulation of the Minister of Law and Human Rights Number 3 of 2018 concerning the terms and procedures for granting parole which is used as a legal basis, but in its implementation there are several obstacles including prisoners who violate disciplinary rules and the public is worried about being exposed to Covid-19from prisoners.

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Nyoman Gede Sugiartha

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preferensihukum@gmail.com

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Jl. Terompong No.24, Sumerta Kelod, Kec. Denpasar Tim., Kota Denpasar, Bali 80239

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Bali

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Home Page

OAI Link

Editorial Team

Contact

Reviewer

Google Scholar

Contact Name Nyoman Gede Sugiartha

Contact Email preferensihukum@gmail.com

Phone +6281237083338

Journal Mail Official preferensihukum@gmail.com

Editorial Address Jl. Terompong No.24, Sumerta Kelod, Kec. Denpasar Tim., Kota Denpasar, Bali 80239

Location Kota denpasar, Bali INDONESIA

Abstract

Abstract

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Abstract

Abstract

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Abstract

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Abstract

Contact Name
Nyoman Gede Sugiartha

Contact Email
preferensihukum@gmail.com

Phone
+6281237083338

Journal Mail Official
preferensihukum@gmail.com

Editorial Address
Jl. Terompong No.24, Sumerta Kelod, Kec. Denpasar Tim., Kota Denpasar, Bali 80239

Location
Kota denpasar,

Bali

INDONESIA