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[Pelaksanaan Asas Itikad Baik dalam Perjanjian Kredit Secara Lisan dengan jaminan Gadai Mobil ]]>
<![CDATA[l Gede Surya Mardita Putra]]>;
<![CDATA[I Nyoman Putu Budiartha]]>;
<![CDATA[Desak Gde Dwi Arini]]>
<![CDATA[ Jurnal Preferensi Hukum Vol. 2 No. 2 (2021): Jurnal Preferensi Hukum ]]>
Publisher : <![CDATA[Warmadewa Press ]]>
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DOI: 10.22225/jph.2.2.3320.265-270
<![CDATA[In general, when someone carries out a loan to a bank or company, an agreement will be made that has been agreed by both parties. In this case, there is an agreement but it does not written in the paper. The purpose of this research is to analyze the validity of the oral credit agreement with the car pawn guarantee and the implementation of the good faith principle in the oral credit agreement with the car pawn guarantee. The type of the research used is empirical by using primary data sources and secondary data obtained from field research, literature and legislation relating to the issues. The data collection techniques are carried out by recording and documentation. In order to get a clear explanation, the data is analyzed and presented qualitatively. The result of the research reveals that the credit agreement made orally by Party 1 and Party 2 had fulfilled all the provisions of the validity of the agreement under Article 1320 of the Civil Code. There is an agreement to carry money off by guaranteeing a Toyota car. Party 1 has carried out in good faith the matters agreed in the agreement made together with party 2 without any violation by making repayments of the loan he made to Ketut in the amount of 30% of what was agreed within 5 months with interest on the loan at 10% per month]]>
<![CDATA[Tinjauan Hukum Hak Beli Kembali dalam Perjanjian Jual Beli Saham di Pasar Modal ]]>
<![CDATA[Putra Umbu Sangera]]>;
<![CDATA[I Nyoman Puru Budiartha]]>;
<![CDATA[Ni Gusti Ketut Sri Astiti]]>
<![CDATA[ Jurnal Preferensi Hukum Vol. 2 No. 2 (2021): Jurnal Preferensi Hukum ]]>
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DOI: 10.22225/jph.2.2.3321.271-275
<![CDATA[A repurchase right agreement is a form of agreement that occurs and is found in people lives, such as residents who can take back their goods that have been sold under certain provisions as set out in article 1519 of the Civil Code. The aim of this research was to determine the legal review of the right to buy back in the share sale and purchase agreement in the capital market. The type of research used is normative with statutory approach. The source of legal material in this research is primary such as positive normative legal theory which stands on the doctrine that law is identical to pure norms in an objective sense free from ideological, ethical, and sociological values. The technique of legal materials used is by reading and quoting by analyzing willing invitations and using small notes taken from books, literature, and other sources related to the issues discussed. The data that has been obtained are then analyzed and analyzed qualitatively. The result shows that the rights and obligations of the parties who sell shares in the capital market must be equal and fair, before the rights and obligations are equal, fair, and implemented, they must first make an agreement. Legal remedies that can be taken if a contract error occurs can be made through external courts (non-litigation) and courts (litigation).]]>
<![CDATA[Implemetasi Pengaturan Pemberian Bantuan Sosial dalam Era Pandemi COVID-19 di Desa Adat Kuta ]]>
<![CDATA[Ni Komang Ayu Febriyanti]]>;
<![CDATA[I Wayan Wesna Astara]]>;
<![CDATA[I Wayan Arthanaya]]>
<![CDATA[ Jurnal Preferensi Hukum Vol. 2 No. 2 (2021): Jurnal Preferensi Hukum ]]>
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DOI: 10.22225/jph.2.2.3322.276-281
<![CDATA[Public welfare is an effort made by the government which aims to improve the welfare of the community through social services and has a broad scope. The outbreak of the covid-19 virus in Indonesia resulted in the central government issuing policies on efforts to prevent the spread of the covid-19 virus which must be implemented by local governments. The purpose of this research is to reveal the arrangement of local government assistance funds in order to tackle covid-19 in the Kuta Traditional Village and the implementation of the provision of social assistance funds distributed to the community in the context of the Covid-19 pandemic. The method used is empirical legal research with a sociological approach. Sources of legal materials are primary, secondary and tertiary which are obtained directly through field research. The legal materials obtained then analyzed using qualitative descriptive techniques. The results of this research concluded that Kuta Traditional Village is not qualified in providing assistance considering that what was seen was the aspect of equality of indigenous peoples and agencies and the need for an organization and an implementation system so that the provision of social assistance can proceed well.]]>
<![CDATA[Pelaksanaan Jaminan Sosial Bagi Korban Kecelakaan Lalu Lintas Jalan Pada Pt. Jasa Raharja Cabang Bali Wilayah Gianyar ]]>
<![CDATA[I Wayan Parandika]]>;
<![CDATA[I Nyoman Putu Budiartha]]>;
<![CDATA[Ni Made Puspa Sutari Ujianti]]>
<![CDATA[ Jurnal Preferensi Hukum Vol. 2 No. 2 (2021): Jurnal Preferensi Hukum ]]>
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DOI: 10.22225/jph.2.2.3323.282-287
<![CDATA[The development of technology evolves every year. This affects the economic aspects of transportation services. It cannot be denied that every means of transportation has risks in its journey. In this case, there must be implementation in social security for accident victims. The purpose of this research is to reveal the implementation of social security for victims of traffic accidents as well as the obstacle factors in the implementation of road social security at PT. Raharja Bali Gianyar Region services for road traffic accident victims. The method used is empirical legal research with a conceptual and a case approach. Sources of legal materials used are secondary, primary and tertiary sources of law and then analyzed descriptively. The data collection technique was carried out by interviewing the victim and the victim's heirs. The result of this research is the implementation of social security for road traffic accident victims at PT. Jasa Raharja Bali, Gianyar Region is carried out in accordance with the applicable laws and regulations. Factors that hinder its implementation include: the community does not know the scope of the guarantees that are covered, the external obstacles, namely correspondence and administrative management, and obstacles from the side of accident victims who submit claims to receive compensation from PT Jasa Raharja, Bali, Gianyar Region namely, obstacles in determining heirs for accident victims who died existed in processing a Police Report which required sufficient witnesses]]>
<![CDATA[Perlindungan Hukum Terhadap Konsumen Melalui Sertifikasi Halal pada Produk Obat-obatan Berdasarkan Undang- Undang No 33 Tahun 2014 tentang Jaminan Produk Halal ]]>
<![CDATA[lsye Aprilia]]>;
<![CDATA[Ni Luh Made Mahendrawati]]>;
<![CDATA[Ni Made Jaya Senastri]]>
<![CDATA[ Jurnal Preferensi Hukum Vol. 2 No. 2 (2021): Jurnal Preferensi Hukum ]]>
Publisher : <![CDATA[Warmadewa Press ]]>
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DOI: 10.22225/jph.2.2.3324.288-293
<![CDATA[Medicines must have halal certification to ensure the halalness of the product. Article 4 of the Law on Halal Product Guarantee, stipulates that all products circulating in Indonesia must be certified halal. In fact, many medicinal products are already circulating in the community but do not yet have a halal certificate. So this raises legal problems related to consumer protection. The purpose of this research is to reveal the authority of related institutions in halal certification of medicinal products circulating in Indonesia as well as legal protection for consumers if a medicinal product that has been disseminated has a halal label even though it does not have a halal label. This study uses a normative legal research method with a conceptual approach and legislation. The source of legal material in this study is the primary and secondary legal materials. The technique of collecting legal materials by analyzing and quoting applicable laws from books, literature, and other sources. The results showed that with the establishment of the Halal Product Guarantee Organizer, the halal regulation of drugs circulating in Indonesia is subject to the Halal Product Guarantee Law No. 33 of 2014 which regulates that certification and labeling of halal products is mandatory. If business actors violate their obligations under these regulations, they will be subject to administrative sanctions in the form of written warnings, administrative fines, and suspension of halal certification.]]>
<![CDATA[Intervensi dalam Pemeriksaan Sengketa Tata Usaha Negara ]]>
<![CDATA[Mario Viano Rasi Wangge]]>;
<![CDATA[Anak Agung Sagung Laksmi Dewi]]>;
<![CDATA[Ni Made Sukaryati Karma]]>
<![CDATA[ Jurnal Preferensi Hukum Vol. 2 No. 2 (2021): Jurnal Preferensi Hukum ]]>
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DOI: 10.22225/jph.2.2.3325.300-305
<![CDATA[Judicial power is done by a Supreme Court and judicial bodies under it, including the State administrative court with two subjects or parties who are litigating in the PTUN, namely the defendant and the plaintiff. The purpose of this study is to reveal the system for examining interventions in state administration as well as arrangements for interventions in state administrative disputes. the type of research used is normative law with a statute approach. The source of data used is the secondary data. The technique of collecting legal materials used is by reading and quoting by analyzing the relevant laws and then the collection and collection of the literature materials are processed qualitatively. The result shows that there are several possible motivations for the entry of third parties in the judicial process, namely on their own initiative, at the request of the judge, and at the request of one of the parties (the presecutor/defendant) and the state administrative court regulate the entry method and motivation for the intervention of the party to enter the examination process. State Administrative Disputes.]]>
<![CDATA[Efektivitas Undang–Undang Nomor 20 Tahun 2016 tentang Merek Berkaitan dengan Perlindungan Hukum terhadap Kain Tenun Rangrang di Desa Pejukutan Nusa Penida ]]>
<![CDATA[I Kadek Heri Diana S]]>;
<![CDATA[Nella Hasibuan OLeary]]>;
<![CDATA[Ida Ayu Puru Widiati]]>
<![CDATA[ Jurnal Preferensi Hukum Vol. 2 No. 2 (2021): Jurnal Preferensi Hukum ]]>
Publisher : <![CDATA[Warmadewa Press ]]>
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DOI: 10.22225/jph.2.2.3326.306-312
<![CDATA[Nusa Penida is very well known for its rangrang woven cloth, but until now the filing of the cloth brand to the Directorate General of Intellectual Property has not been realized as a form of legal protection. The purpose of this research is to reveal the effectiveness of law number 20 of 2016 concerning the brand on rangrang woven fabrics in the Village of Nusa Penida and the efforts to protect the law against the woven cloth rangrang in the Village of Nusa Penida. The research method used is empirical. Primary data and secondary data were obtained by conducting observations and interviews as well as literature. Based on the results of research obtained by Law Number 20 of 2016 concerning brands, it cannot be said to be effective because the community does not register the woven woven cloth at the Directorate General of Intellectual Property, this is due to the lack of citizen knowledge of the law. So that government efforts are needed to provide socialization related to the importance of registering rangrang woven fabrics. And efforts to protect rangrang woven fabrics are still in the registration process and there will be socialization and services as well as assistance from the government for the smooth registration of rangrang woven fabrics at the Directorate General of Intellectual Property.]]>
<![CDATA[Pengaturan Sanksi Pidana Bagi Pelaku Pembakaran Hutan ]]>
<![CDATA[Sang Bagus Nyoman Wahyuda Putra]]>;
<![CDATA[I Nyoman Gede Sugiartha]]>;
<![CDATA[Luh Putu Suryani]]>
<![CDATA[ Jurnal Preferensi Hukum Vol. 2 No. 2 (2021): Jurnal Preferensi Hukum ]]>
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DOI: 10.22225/jph.2.2.3327.313-319
<![CDATA[The base burning which is getting more and more massive every year in the archipelago because of the large number of land clearing by burning forests. For this reason, the burning of the widening of the plinth can cause natural destruction to disturb the fitness of the residents, to be quietly located, and to obtain a good and fit nature of life, which is the feasibility of such citizens as voiced in Article 28 h paragraph (I) of the 1945 Constitution of the Republic of Indonesia. The purpose of this study was to determine the legal arrangements for forest burning agents and to know the criminal sanctions for forest fire offenders. The method used in the preparation of this research is a normative legal study using a problem study using a legal basis that applies to laws and regulations contained in the literature. The method used for the following research is juridical normative, analytical descriptive in nature, and using the statutory regulation scheme, the executor of the scorching action of bases and land that continuously carries out scorching grounds should be carried out under criminal law, civil law in the form of penalties and administrative law takes the form of abolishing the business permit management permit. Law Number 41 Year 1999 Law Number 19 Year 2004 regarding Reason, Law Number 32 Year 2009 regarding Environmental Protection and Management, Civil Code, Criminal Code and Legal Code The administration, in fact, is unable to make a sense of the craving for the executors of the crime of burning forests and land who carry out scorching of bases and land because there is still a problem of burning the base.]]>
<![CDATA[Pelaksanaan Undang-undang Nomor 28 Tahun 2014 tentang Hak Cipta Terkait Penggandaan Buku pada Usaha Fotokopi Cahya Printing Bali ]]>
<![CDATA[Ni Luh Dwi Ega Mileniawati]]>;
<![CDATA[Nella Hasibuan OLeary]]>;
<![CDATA[Desak Gde Dwi Arini]]>
<![CDATA[ Jurnal Preferensi Hukum Vol. 2 No. 2 (2021): Jurnal Preferensi Hukum ]]>
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DOI: 10.22225/jph.2.2.3328.320-325
<![CDATA[The essence of national development is the development of the whole human being and the development of the entire Indonesian society based on Pancasila and the 1945 Constitution of the Republic of Indonesia. Development is not only pursuing physical or mental progress, but also pursuing harmony, harmony and balance. The purpose of this study is to determine the implementation of Law Number 28 of 2014 concerning Copyright related to illegal copying of books in the Cahya Printing Bali photocopy business and to find out legal protection for book creators related to illegal book duplication in the Cahya Printing Bali photocopy business. The research method used is to use the empirical legal research method, which is to study the legal provisions that apply or what happen in reality in society. The results of the study show that the implementation of Law Number 28 of 2014 concerning copyright related to illegal book duplication in the Cahya Printing Bali photocopy business has not been carried out due to lack of support from related parties, namely still weak policing and lack of socialization. Legal protection for book creators related to the copying of illegal books in the copy business of Cahya Printing Bali in protecting creators' rights, the government does not provide direct legal protection.]]>
<![CDATA[Restrukturisasi Kredit terhadap Debitur Akibat Wanprestasi Karena Dampak Pandemi Covid-19 ]]>
<![CDATA[I Made Rai Sukerta]]>;
<![CDATA[I Nyoman Putu Budiartha]]>;
<![CDATA[Desak Gde Dwi Arini]]>
<![CDATA[ Jurnal Preferensi Hukum Vol. 2 No. 2 (2021): Jurnal Preferensi Hukum ]]>
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DOI: 10.22225/jph.2.2.3329.326-331
<![CDATA[The Covid-19 pandemic in Indonesia has not only had an impact on health, the Indonesian economy has also been affected. The banking sector has been affected by this pandemic. Credit restructuring aims to provide relief for debtors in fulfilling their obligations. Then the rules regarding restructuring in the POJK will later become a reference for banks to provide relief for debtors who are affected by covid-19 The Covid-19 pandemic in Indonesia not only has an impact on health, the Indonesian economy is also affected. The banking sector has been affected by this pandemic. Credit restructuring aims to provide relief for debtors in fulfilling their obligations. Then the rules regarding restructuring in the POJK will later become a reference for banks to provide relief for debtors affected by Covid-19. There are several problems faced, namely the form of legal protection for debtors due to default due to the impact of the Covid-19 pandemic and the criteria for debtors who meet the requirements for credit restructuring due to the Covid-19 pandemic. Using normative methods. Benruk legal protection for debtors due to default can apply for credit restructuring in accordance with the POJK. The criteria for debtors who meet the requirements for restructuring are given to debtors if they are really affected by the spread of the corona virus such as a debtor who has a business that is classified as vulnerable to the spread of the corona virus and the debtor's business has decreased income and if indeed the debtor meets these requirements the debtor will meet the restructuring requirements and will be restructured after the debtor is indeed affected by the corona virus]]>
