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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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Tinjauan Yuridis Terhadap Tindak Pidana Pemalsuan Uang Kertas Rupiah di Indonesia Dinda Dian Pratiwi; I Nyoman Gede Sugiartha; Luh Putu Suryani
Jurnal Preferensi Hukum Vol. 2 No. 3 (2021): Jurnal Preferensi Hukum
Publisher : Warmadewa Press

Humans need money to be able to meet their needs. Money has a very important role, this causes some people to try to have money in a way that is against the law. With the help of science and technology, it can make it easier for humans to do counterfeiting rupiah banknotes. The purpose of this research is to reveal the regulation of the criminal act of counterfeiting rupiah banknotes in Indonesia and criminal sanctions against the criminal act of counterfeiting rupiah banknotes in Indonesia. The type of research is normative legal research with a conceptual approach that is outlined descriptively with legal arguments. The collection of legal materials is done by means of a literature research. Sources of data used are primary, secondary and tertiary sources of legal material and analyzed systematically. The results of the research reveal that the regulation of criminal acts of counterfeiting rupiah banknotes in Indonesia is regulated in Article 11 of Law Number 7 of 2011 concerning Currency concerning Bank Indonesia is an institution authorized to manage rupiah currency and Article 26 paragraph (1) of Law Number 7 The year 2011 concerning Currency regulates the prohibition against counterfeiting rupiah currency. In addition, it is regulated in Article 244 of the Criminal Code which prohibits criminal acts of counterfeiting money, if violated, sanctions will be imposed according to applicable regulations. Criminal sanctions for counterfeiting rupiah banknotes in Indonesia are contained in Article 36 paragraph (1) of Law Number 7 of 2011 concerning Currency and Article 244 of the Criminal Code

Sanksi Pidana Bagi Pelaku Penimbun Masker Selama Masa Pandemi Covid-19 Kadek Wahyu Juniarta; Anak Agung Sagung Laksmi Dewi; Luh Putu Suryani
Jurnal Preferensi Hukum Vol. 2 No. 3 (2021): Jurnal Preferensi Hukum
Publisher : Warmadewa Press

Hoarding is an activity of collecting goods so that they become scarce in the market and are sold at high prices. During the COVID-19 pandemic, people really need masks, but people who don't have empathy for their fellow citizens hoard masks so that they become scarce and the price becomes expensive. The purpose of this study is to reveal the legal arrangements against the perpetrators of hoarding masks during the COVID-19 pandemic and criminal sanctions against those who hoard masks during the COVID-19 pandemic. In this study using a statutory approach and a conceptual approach. Sources of legal materials applied are primary legal materials and secondary legal materials. the technique in collecting legal materials used is a literature study technique which is then analyzed systematically. The results of the study indicate that criminal sanctions against perpetrators of hoarding masks are based on Article 107 of Law Number 7 of 2014 with a maximum imprisonment of 5 years or a maximum fine of Rp. 50,000,000,000.00. In Law Number 5 of 1999 sanctions can also be imposed, in the form of administrative sanctions, basic criminal sanctions, additional criminal sanctions. The government must be able to provide appropriate sanctions for the perpetrators of hoarding masks because they have violated and threatened the interests of the community.

Sanksi Pidana Terhadap Pelaku Tindak Pidana Santet Rachmad Alif Al Buchori; I Made Sepud; I Made Minggu Widyantara
Jurnal Preferensi Hukum Vol. 2 No. 3 (2021): Jurnal Preferensi Hukum
Publisher : Warmadewa Press

The philosophical background of witchcraft can be classified as a criminal act because witchcraft is recognized and believed to exist in the community, and causes unrest, but cannot be prevented and eradicated through law because of difficulties in proving it. So in this case, criminal sanctions are needed for the perpetrators of witchcraft. The purpose of this study is to analyze the criminal sanctions against the perpetrators of the crime of witchcraft. The method used in this research is normative with a statutory approach. The data sources used are primary, secondary, tertiary data sources obtained from recording and quoting relevant legal materials. The results of the study reveal that accountability for perpetrators of witchcraft is not written or listed in the current Criminal Code (KUHP). But it is different in the Draft Criminal Code (RKUHP), perpetrators of witchcraft can now be made a criminal act even though it does not specifically include the word witchcraft in the RKUHP. The formulation of the crime in Article 293 of the RKUHP is increasingly clear that perpetrators of witchcraft possessing the elements referred to may be subject to a maximum imprisonment of 5 years and a category IV fine.

Perlindungan Hukum Terhadap Penerima Hak dalam Perjanjian Waralaba di Indonesia I Made Dwi Wahyu Kartika; Ni Made Jaya Senastri; Ni Gusti ketut Sri Astiti
Jurnal Preferensi Hukum Vol. 2 No. 3 (2021): Jurnal Preferensi Hukum
Publisher : Warmadewa Press

Franchising is a marketing concept in order to expand the business to support the economy, in this case there are often problems related to the agreement that has been set. Therefore, a legal protection is needed for the recipient of the right. The purpose of this study is to reveal the choice of agreement in the implementation of franchise agreements in Indonesia and the form of legal protection for franchisees in Indonesia. The research method in this study is normative research focusing on the behavior of the legal community and through legal science book references. Sources of data used are primary data by examining regulations related to franchises and secondary data by examining literature, books, papers and journals. Data collection techniques by classifying primary legal materials with secondary legal materials as a support. Analysis of Legal Materials obtained by qualitative analysis. The results of the study reveal that the franchise business in Indonesia has been regulated in the provisions of PP No. 42 of 2007 concerning franchising, for the legal requirements for the establishment of a franchise business, it must meet the provisions in Article 1320 of the Civil Code, and the form of legal protection for franchisees is contained in Article 7 of the Regulation of the Minister of Trade Number 12/ MDAG/Per/3/2006 so the franchisor cannot terminate the agreement at any time or at any time.

Akibat Hukum Pembubaran Koperasi Terhadap Hak dan Kewajiban Anggota Riandy Arya Satria; I Nyoman Putu Budhiarta; Ni Gusti Ketut Sri Astiti
Jurnal Preferensi Hukum Vol. 2 No. 3 (2021): Jurnal Preferensi Hukum
Publisher : Warmadewa Press

In running a cooperative business, of course, the ups and downs of the economic situation greatly affect the profit and loss of a business, in the ups and downs the cooperative can develop and develop its business so that it gets bigger, but in the ebb and flow conditions the cooperative can also experience losses that will have an impact on business continuity to cause the cooperative to go bankrupt or dissolution of the cooperative. The dissolution of a cooperative certainly has legal consequences for both the management and the members. The purpose of this study was to determine the legal consequences of the dissolution of the cooperative on the rights and obligations of members. This study uses normative research with a statutory approach, a conceptual approach, and a case approach. Sources of legal materials used in the form of secondary, primary and tertiary legal sources and then analyzed descriptively. The results of the study reveal that the legal consequences that occur after the dissolution of the cooperative, namely the cooperative legal entity must be settled, operational transactions are terminated, employees can be terminated, members can no longer resign, the powers of the cooperative apparatus are frozen and are also replaced by liquidators, and management and supervisors can be held accountable both civilly and criminally if it is proven that due to their mistakes and negligence the cooperative has gone bankrupt. In addition, the legal entity of the cooperative will also be deleted

Tinjauan Yuridis Terhadap Tindak Pidana Pemerkosaan yang Menyebabkan Kematian (Studi) Kasus Pengadilan Negeri Kendal Pande Komang Satya Parama Hamsa; I Nyoman Gede Sugiartha; Ni Made Sukaryati Karma
Jurnal Preferensi Hukum Vol. 2 No. 3 (2021): Jurnal Preferensi Hukum
Publisher : Warmadewa Press

Rape is a serious crime because it harms the victim, disturbs the future, and causes a very bad influence on the victim, even death. The purpose of this study is to reveal the criminal sanctions against the crime of rape that causes death and the judge's considerations in deciding the crime of rape that causes death. The method used in this research is normative research with a case and legislation approach. Sources of legal materials used in the form of secondary and primary legal sources which are then analyzed descriptively. The results of the study revealed that the perpetrator violated the provisions of Article 285 , 288 paragraph (3), 359, 291 paragraph (2) of the Criminal Code, Article 76D and 81 paragraph (1) of Law Number 35 of 2014 on amendments to the Law. Number 23 of 2002 concerning Child Protection, and violates the provisions of Article 71 of Law no. 11 of 2012 concerning the Juvenile Criminal Justice System. The judge sentenced the defendant to 4 years in prison.

Perlindungan Hukum Terhadap Tenaga Kerja Lokal dalam Undang-undang Nomor 11 Tahun 2020 tentang Omnibus Law Cipta Kerja May Linda Iswaningsih; I Nyoman Putu Budiartha; Ni Made Puspasutari Ujianti
Jurnal Preferensi Hukum Vol. 2 No. 3 (2021): Jurnal Preferensi Hukum
Publisher : Warmadewa Press

Regulatory problems and the disharmony of laws and regulations in labor law in Indonesia have forced the government to reform the rules through the omnibus law which aims to reduce the unemployment rate in Indonesia. The concept of a state of law (rechtsstaat) adopted by the Indonesian state includes the protection of human rights as well as legal certainty and is based on the law. Economic development is very important for improving people's welfare. The purpose of this study is to analyze the regulation of the omnibus law of work copyright for local workers in foreign investment companies in Indonesia and the form of legal protection of the omnibus law of work copyright for workers. The type of research used is the type of normative law research with a statutory approach and a conceptual approach. The legal materials used are primary, secondary, and tertiary. The technique of collecting legal materials by analyzing and citing applicable laws and regulations from books, literature, and other sources. The results of the study reveal that the omnibus law concept is one of the breakthroughs to reorganize current regulations. To minimize the occurrence of disharmony and overlapping of existing laws and regulations, the omnibus law is a good plan for structuring regulations. The Indonesian people must formulate new policies that are able to make Indonesia compete with countries in the world to attract investment. These policies must be able to restore the wheels of the slumped Indonesian economy. Regulatory reform is expected to help ensure that laws and regulations in all areas of activity are fully responsive to changing economic, social and technological conditions that surround them.

Kekuatan Alat Bukti Keterangan Saksi yang Memiliki Hubungan Darah dengan Terdakwa dalam Tindak Pidana Pencurian dalam Keluarga I Gede Agus Sudiantara; Anak Agung Sagung Laksmi Dewi; Ni Made Sukaryati Karma
Jurnal Preferensi Hukum Vol. 2 No. 3 (2021): Jurnal Preferensi Hukum
Publisher : Warmadewa Press

The strength of evidence from witnesses who have family ties to the defendant in the crime of theft in the family, the process of examining witnesses is the main evidence in a crime. The purpose of this study is to reveal the strength of the evidence of witnesses who have blood relations with the defendant in the evidentiary process and barriers to proof by using evidence of witnesses who have blood relations with the defendant in the crime of theft in the family. The research method used is normative legal research. Sources of primary and secondary legal materials. Legal materials that have been obtained from the literature study and the approach to legislation were analyzed using a systematic interpretation technique. The results of the study reveal that witness testimony is very necessary in the trial in order to provide appropriate sanctions for the defendant. The barrier to proof from witness statements who have family relationships and ties is if the minimum principle of proof cannot be proven. It can be concluded that the strength of the testimony of a witness who does not take an oath, cannot be considered as evidence, but only information that is considered by the judge.

Perlindungan Hukum Terhadap Franchisee Akibat Pemutusan Sepihak dalam Perjanjian Franchise I Gusti Ngurah Md Rama Andika; Ni Luh Made Mahendrawati; Ida Ayu Putu Widiati
Jurnal Preferensi Hukum Vol. 2 No. 3 (2021): Jurnal Preferensi Hukum
Publisher : Warmadewa Press

In the implementation of a franchise agreement, it is not uncommon for the agreement not to be implemented due to a unilateral termination by the franchisor. Considering that the franchisee in the franchise agreement is in a weaker position, in the event of a unilateral termination, it will suffer a large loss. However, in the laws and regulations, there are no clear arrangements for the protection of franchisees who experience unilateral termination who actually experience losses. The purpose of this study is to analyze the franchise agreement may be terminated unilaterally by the franchisor and the legal protection of the franchisee against the unilateral termination of the franchise agreement by the franchisor. This study uses normative legal research methods using primary legal materials, with the types of approaches used are statutory approaches, case approaches and conceptual approaches. Legal sources are then analyzed systematically. Based on the results of the study, it can be concluded that basically the franchise agreement cannot be terminated unilaterally unless the void conditions stated in the contract have been fulfilled and legal protection for the franchisee against the losses he has suffered can be sued for compensation based on default.

Tinjauan Yuridis Pemidanaan Terhadap Pelaku Tindak Pidana Penjarahan Komang Gede Reska Joanykernia Pradila; Anak Agung Sagung Laksmi Dewi; I Made Minggu Widyantara
Jurnal Preferensi Hukum Vol. 2 No. 3 (2021): Jurnal Preferensi Hukum
Publisher : Warmadewa Press

The rapid development of the times in Indonesia in various aspects has made the behavior patterns of the Indonesian people diverse. Seen from a legal perspective, there is behavior that is in accordance with applicable norms and there is also behavior that deviates from applicable norms. One of the deviant acts is the crime of looting. Looting is the crime of theft which is carried out by forcibly taking other people's belongings which is carried out during natural disasters, riots, airplane accidents and train accidents. The purpose of this study is to analyze the criminal sanctions against the perpetrators of the crime of looting and the judge's considerations in imposing a sentence on the perpetrators of the crime of looting. This research applies normative research methods. The legal materials used are primary, secondary and tertiary legal materials with the technique of inventorying or tracing the relevant legal materials then classified or grouped and documented, recorded, quoted, summarized, reviewed as needed using a qualitative approach which is then analyzed systematically. The results of the study reveal that people who commit the crime of looting will be subject to criminal sanctions according to article 363 of the 2nd KUHP paragraph (1) by considering article 10 of the Criminal Code and it is obligatory for the perpetrators to be held accountable for their actions.

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Nyoman Gede Sugiartha

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preferensihukum@gmail.com

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+6281237083338

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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

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

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