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 Whistleblower dalam Tindak Pidana Narkotika. ]]>
<![CDATA[Gusti Nyoman Adung Setiawan]]>;
<![CDATA[Anak Agung Sagung Laksmi Dewi]]>;
<![CDATA[I Made Minggu Widyantara]]>
<![CDATA[ Jurnal Preferensi Hukum Vol. 2 No. 2 (2021): Jurnal Preferensi Hukum ]]>
Publisher : <![CDATA[Warmadewa Press ]]>
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DOI: 10.22225/jph.2.2.3330.332-336
<![CDATA[A wistleblower is someone who is aware of a criminal act and notifies it to law enforcement officials. The role of whistleblowers is very important to help expose acts of narcotics abuse. The purpose of this study is to determine the legal protection arrangements for whistleblowers in narcotics abuse and to find out legal protection for whistleblowers in narcotics crime. The research method used in this research is normative legal research method normative legal research method which is carried out by examining a statutory regulation related to the problem being discussed and through a conceptual approach or conceptual approach which shows a concept, and uses a conceptual approach. doctrine, namely the views or thoughts of experts related to the science of law. A person who is a whistleblower or notifier in narcotics abuse always bears a reply from those who feel aggrieved or aggrieved as a result of a notification or report from a whistleblower, legal security for a person who is a pioneer or whistleblower in investigating criminal acts of narcotics abuse is important given to the authorities so that all people are willing to become reporters in order to support legal institutions to reveal and arrest narcotics abuse. Security for whistleblowers must be made strictly in law so that security for whistleblowers can be upheld.]]>
<![CDATA[Tinjauan Yuridis terhadap Penggunaan Jasa Pihak Ketiga (Debt Collector) dalam Menagih Kredit Bermasalah pada PT Adira Dinamika Multifinance TBK ]]>
<![CDATA[Kasirinus Jee Lua]]>;
<![CDATA[Anak Agung Sagung Laksmi Dewi]]>;
<![CDATA[Ni Made Puspasutari Ujianti]]>
<![CDATA[ Jurnal Preferensi Hukum Vol. 2 No. 2 (2021): Jurnal Preferensi Hukum ]]>
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DOI: 10.22225/jph.2.2.3331.337-342
<![CDATA[The use of third party services by financing company PT Adira Dinamika Multifinance through a third party Service Company (debt couecton to perform a collection function for consumers or debtors who are difficult to collect by being declared in default. Regulations for the use of third party services by financing companies are regulated in POJK No. /POJK.05/2018 concerning the Implementation of Business Financing Companies, where financing companies can collaborate with other parties (third party services) with the aim of collecting non-performing loans., The consequences of collaboration between third party services and financing companies to collect non-performing loans that the finance company is fully responsible for the cooperation carried out if there is an act that violates the law in accordance with POJK Number 35 / POJK.05 / 2018. However, if the financing company has carried out the prescribed procedure and the third party service continues to commit acts against the law, then the liability will be borne by the third party's services in order to collect non-performing loans. This research uses normative legal research. The technique of collecting legal materials in this study is to collect from literature studies using documentary / recording techniques obtained related to primary, secondary, and tertiary legal materials]]>
<![CDATA[Pertanggungjawaban Para Pihak dalam Hal Terjadinya Peretasan Telepon Seluler ]]>
<![CDATA[Ni Made Vira Vija Rahmasari]]>;
<![CDATA[I Nyoman Putu Budiartha]]>;
<![CDATA[Madejaya Senastri]]>
<![CDATA[ Jurnal Preferensi Hukum Vol. 2 No. 2 (2021): Jurnal Preferensi Hukum ]]>
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DOI: 10.22225/jph.2.2.3332.343-348
<![CDATA[With the development of the times, cell phones have become a primary need for some people with an internet that is increasingly complete with features that can support people's lives. Based on this, there are also deviant crimes that occur in society, one of which is hacking crimes against cell phones. Hacking a cell phone can create legal issues related to consumer protection. The purpose of this research is to find out what is the concept of guarantee/guarantee for the rights of consumers who use cell phones in the event of hacking and the responsibility of the government towards consumers for guarantee rights in the event of hacking of cell phones. The research method in this paper is normative legal research, with a statutory and conceptual approach. This study concludes that the warranty on hacking cases has not been regulated in the Consumer Protection Law. The form of consumer protection provided by the government to users of cellular telephone services is more directed at fostering and empowering consumers.]]>
<![CDATA[Efektivitas Pengawasan Keimigrasian terhadap Warga Negara Asing Pemegang Bebas Visa Kunjungan pada Masa Pandemi Covid-19 di Wilayah Kota Denpasar ]]>
<![CDATA[I Made Aditya Dananjaya]]>;
<![CDATA[I Nyornan Budiartha]]>;
<![CDATA[I Nyornan Sutarna]]>
<![CDATA[ Jurnal Preferensi Hukum Vol. 2 No. 2 (2021): Jurnal Preferensi Hukum ]]>
Publisher : <![CDATA[Warmadewa Press ]]>
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DOI: 10.22225/jph.2.2.3333.294-299
<![CDATA[The impact of the Covid-19 pandemic has caused many problems such as the lack of immigration control for foreign citizens who have visa-free visits to Bali during this pandemic. Based on the problem, the purpose of this research is to analyze the Indonesian government policy in the field of immigration during the Covid-19 pandemic and the implementation of immigration control of foreign citizens holding visa-free visits during the Covid-19 pandemic in the city of Denpasar. The type applied in this research is empirical law. Sources of data used are primary and secondary data sources. The data collection techniques were carried out by means of interviews, observations, inventory of legal materials. Furthermore, the data are explained by systematic data processing methods. The results showed that the policy adopted by the government was the Regulation of the Minister of Law and Human Rights No. 8 of 2020 concerning Temporary Cessation of Visit Visa and Visit Visa on Arrival and Granting a Stay Permit in a State of Force. The effectiveness of its implementation is not yet effective because immigration can only monitor activities based on data sources from social media and heads of the environment and the data is not accurate, so it needs to be refined using a data application system for mapping foreigners based on the type of residence permit and located in each region. It is hoped that this policy will be the best solution until the pandemic ends.]]>
<![CDATA[Penyelesaian Wanprestasi atas Dasar Force Majeure Akibat Pandemi Covid-19 dalam Perjanjian Pembiayaan Konsumen ]]>
<![CDATA[Made Bagus Rizal Raysando]]>;
<![CDATA[Ni Komang Arini Setyawati]]>;
<![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.2.2.3334.349-353
<![CDATA[Consumer finance is a financing institution that is officially still relatively new in Indonesia. Consumer financing agreements are agreements that arise in the day-to-day practice of the wider community. In a contractual relationship, the Covid-19 pandemic has become a point of debate between business actors who are bound by the contract. Debtors who have contractual obligations make the Covid-19 pandemic a basis for freeing themselves from their obligations to fulfill achievements. The purpose of this research is to find out the legal basis for the arrangement of consumer financing agreements in the perspective of contract law and to find out the consequences of force majeure for the parties to the consumer financing agreement in the event of a Covid-19 pandemic. The problems contained in this research are how the legal basis for the regulation of consumer financing agreements in the perspective of contract law and what are the consequences of force majeure for parties to the consumer finance agreement in the event of a corona virus outbreak. The method used is a normative research method by using a statutory approach and a conceptual approach. Based on the results of this study, it can be concluded that the Covid-19 pandemic currently occurring can only qualify as a forced condition which is not absolute or relative or it can be said that the debtor cannot make the reason for this pandemic as a reason for contract cancellation. This relative coercion is limited to delaying the implementation of the obligation to fulfill the achievement for a while, whereby the parties can negotiate the agreements that have been previously made.]]>
<![CDATA[Pengaturan Tindak Pidana Pemerkosaan terhadap Sesama Jenis Kelamin Ditinjau dari Pasal 292 Kitab Undang-undang Hukum Pidana ]]>
<![CDATA[Tia Nur Larasati]]>;
<![CDATA[I Nyoman Gede Sugiartha]]>;
<![CDATA[Diah Gayatri Sudibya]]>
<![CDATA[ Jurnal Preferensi Hukum Vol. 2 No. 2 (2021): Jurnal Preferensi Hukum ]]>
Publisher : <![CDATA[Warmadewa Press ]]>
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DOI: 10.22225/jph.2.2.3337.354-358
<![CDATA[It can be said that the conviction of perpetrators of same-sex rape can be said to still contain obscure normsand that the Law of the Republic of Indonesia number 1 of 1946 concerning Criminal Law Regulations or the KUHP does not contain specific provisions that clearly regulate it. Article 292 of the Criminal Code is the only article of the Criminal Code that provides regulations regarding the crime of same sex rape. However, Article 292 of the Criminal Code only regulates the criminal act of same sex rape against minors as it can be categorized as an element of the crime of rape as stipulated in Article 285 of the Criminal Code, a criminal act of rape must be committed by men against women. The purpose of this study was to determine the criminal act of same sex rape according to Article 292 of the Criminal Code and to determine the legal sanctions against the perpetrator of the crime of same sex rape in Indonesia. The research method used is normative research, this type of normative research focuses on the collection and in-depth analysis of legal materials and also searches for their meaning in order to find solutions to the problem. Legal sanctions for perpetrators of the crime of rape of the same sex in Indonesia refer to the provisions of Article 292 of the Criminal Code, which is punishable by a maximum imprisonment of five years, as with the weight of the crime of a criminal act of rape whether committed against the opposite sex or of the same sex, punishment a maximum sentence of 5 (five) years is deemed not to contain a sense of justice, the formulation of criminal sanctions for rape in Articles 285 and 292 of the Criminal Code can be considered to be out of date or outdated.]]>
<![CDATA[Perlindungan Hukum terhadap Anak Penyandang Disabilitas sebagai Korban Kekerasan Seksual ]]>
<![CDATA[Nadila Purnama Sari]]>;
<![CDATA[Anak Agung Sagung Laksmi Dewi]]>;
<![CDATA[Luh Putu Suryani]]>
<![CDATA[ Jurnal Preferensi Hukum Vol. 2 No. 2 (2021): Jurnal Preferensi Hukum ]]>
Publisher : <![CDATA[Warmadewa Press ]]>
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DOI: 10.22225/jph.2.2.3338.359-364
<![CDATA[Children with disabilities are often the main targets to be victims of criminals, discrimination and sexual violence. The following can be seen from the increase in criminal cases against women and children with disabilities which from year to year tends to increase. The purpose of this study is to determine the legal protection of children with disabilities as victims of sexual violence and criminal sanctions against perpetrators of sexual violence against children with disabilities. The method used is a normative method along with statutory and conceptual approaches. The results of the study show that legal protection for children as victims of sexual violence is contained in article 1 paragraph (2) of Law no. 35 of 2014 concerning child protection, namely so that the child gets protection and his rights as a child. Criminal sanctions for perpetrators of sexual violence against persons with disabilities exist in positive law in Indonesia. The criminal act of rape is contained in Articles 285 to 288 of the Criminal Code. Violence against children with disabilities there is no law that specifically regulates it but in VU No. 35 of 2014 concerning Child Protection in Article 290 paragraph (1) is threatened with approximately 7 years of imprisonment.]]>
<![CDATA[Perjanjian Nominee dan Akibat Hukumnya Menurut Sistem Hukum Positif Indonesia ]]>
<![CDATA[Linda Vianty Mala Takko]]>;
<![CDATA[I Nyoman Putu Budiartha]]>;
<![CDATA[Anak Agung Sagung Laksmi Dewi]]>
<![CDATA[ Jurnal Preferensi Hukum Vol. 2 No. 2 (2021): Jurnal Preferensi Hukum ]]>
Publisher : <![CDATA[Warmadewa Press ]]>
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DOI: 10.22225/jph.2.2.3339.365-370
<![CDATA[The procedure for transferring land rights to house ownership or those occupied by foreigners residing in Indonesia has been regulated by a ministerial regulation or the head of the land agency which is carried out by the process of registering the land with the aim of providing legal certainty or providing legal protection for those who have rights over land. A plot of houses and land, units of apartment or other rights owned so that it is easy to prove that it is true that they are the owner of these rights. The purpose of this study is to determine the procedures for the release or transfer of rights to the ownership of a residential or residential house by foreigners domiciled in Indonesia. The research used is a type of normative legal research. Regarding the source of legal materials used, it is divided into primary legal materials, which are the main legal materials which are the basis for the study of the writing of this research. From the presentation of the research it can be concluded that the procedures for the transfer of rights to land for permanent residential ownership by foreigners who are domiciled in Indonesia have been regulated by the ministerial regulation or the head of the land agency which is carried out by the process of registering the land with the aim of providing legal certainty or providing legal protection for who has the right to a plot of house and land, unit of apartment or other rights owned so that it is easy to prove that it is true that it is the owner of these rights.]]>
<![CDATA[Perlindungan Hukum Atas Hak Kekayaan Intelektual Karya Seni Musik Gamelan Bali ]]>
<![CDATA[Anak Agung Ayu Gayatri]]>;
<![CDATA[Anak Agung Sagung Laksmi Dewi]]>;
<![CDATA[Luh Putu Suryani]]>
<![CDATA[ Jurnal Preferensi Hukum Vol. 2 No. 2 (2021): Jurnal Preferensi Hukum ]]>
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DOI: 10.22225/jph.2.2.3340.371-376
<![CDATA[Indonesia has a variety of traditional arts, one of which is Balinese gamelan music, along with the development of times as well as technology and the internet, a Balinese gamelan music art is easy for the public to enjoy but is prone to copyright infringement. The Balinese gamelan is a traditional Balinese musical instrument that has a unique sound which is then developed and preserved by Balinese artists in anticipation of the occurrence of sengkera, and to obtain legal certainty for creators of Balinese gamelan music in their work. The purpose of this study is to determine the legal arrangements for the intellectual property rights of Balinese gamelan music and to know the legal protection of intellectual property rights of Balinese gamelan music. By using normative research methods. Intellectual Property Rights consist of copyrights regulated in Law No.28 of 2014 concerning Copyright which regulates protected works, traditional cultural expressions, and law enforcement efforts through civil suits, criminal charges, arbitration and legal remedies and criminal sanctions. It is better if the Copyright Law regulates traditional music works of art in more detail and is developed by examining legal violations that occur through technological sophistication both domestically and abroad.]]>
<![CDATA[Penyelesaian Sengketa Perasuransian oleh Badan Mediasi dan Arbitrase Asuransi Indonesia (BMAI) ]]>
<![CDATA[Ida Ayu Surya Dwijayanti]]>;
<![CDATA[I Nyoman Puru 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.2.2.3341.377-381
<![CDATA[Disputes are common in the business world. The insurance industry is no exception. The Indonesian Insurance Mediation and Arbitration Agency is a legal entity in. the form of an association that is independent and impartial, June/ions to resolve dispute claims (claims for compensation or benefits) between the Insurer (Insurance Company) and the Insured (Policy Holder). In this research raises two problem formulations, first What is the function of BMAI in the settlement of insurance disputes and second is How is the Settlement of Insurance Disputes by BMAI. The type of research is the type of Normative Law research. The approach method used is the statutory approach. Meanwhile, the technique of collecting legal materials is the technique of reading and understanding as well as searching using the internet, the research result states that BMAI functions as a settlement institution for Insurance Disputes between the Insured and the Insurer that occurs in Indonesia. BMAI Will accept all complaints of Insurance Claim disputes submitted by the insured party and the insurer and the proposed dispute must meet the settlement requirements by BMAI. The Settlement of Insurance Check by BMAI is completed in three stages, namely, Mediation, Adjudication, and the Arbitration]]>
