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[Tinjauan Yuridis Pengaturan Tindak Pidana Terhadap Kejahatan Benda Virtual dalam Game Online ]]>
<![CDATA[Ida Ayu Putri Ary Yulandari]]>;
<![CDATA[Anak Agung Sagung Laksmi Dewi]]>;
<![CDATA[I Made Minggu Widyantara]]>
<![CDATA[ Jurnal Preferensi Hukum Vol. 2 No. 3 (2021): Jurnal Preferensi Hukum ]]>
Publisher : <![CDATA[Warmadewa Press ]]>
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DOI: 10.22225/jph.2.3.3991.502-506
<![CDATA[Such rapid progress in the field of Information Technology has an impact on the patterns and aspects of people's lives which along with the progress of the times color the formation of new rules. Crimes and other crimes have actually developed, one of which is virtual object crime in online games. The purpose of this study is to reveal the legal regulation of criminal acts against virtual object crimes in online games and criminal sanctions against virtual object crimes from the perspective of ius constituendum. The research method used is the type of normative research. Sources of data used are primary, secondary and tertiary legal sources. The technique of collecting law is done by recording techniques deductively and inductively. After the data is collected then it is analyzed by means of legal interpretation. The results of the study revealed that the perpetrator committed a criminal act of fraud with the object of a virtual object crime, this is certainly contrary to the laws and regulations. Article 28 paragraph (1) of the ITE Law and Article 378 of the Criminal Code are references in resolving crimes against virtual objects in online games and the sanctions are Article 45 paragraph (2) of the ITE Law. The regulations that will be made can provide a deterrent effect and minimize virtual object crimes in Online Games.]]>
<![CDATA[Perlindungan Hukum Terhadap Pihak Ketiga Akibat Direksi Melakukan Tindakan di Luar Anggaran Dasar Perseroan Terbatas ]]>
<![CDATA[Putu Agung Surya Prawira]]>;
<![CDATA[I Nyoman Putu Budiartha]]>;
<![CDATA[Ni Made Puspa Sutariujianti]]>
<![CDATA[ Jurnal Preferensi Hukum Vol. 2 No. 3 (2021): Jurnal Preferensi Hukum ]]>
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DOI: 10.22225/jph.2.3.3992.507-512
<![CDATA[Company carrying out actions outside the articles of association can basically be explained from the idea that the principles outside of these articles of association are generally accepted doctrines. In this case, sometimes there are problems that occur, so legal protection for third parties is very necessary in overcoming actions outside the articles of association of the limited liability company. The purpose of this study is to reveal the legal protection of third parties in the case of directors taking actions outside the articles of association of a limited liability company in an effort to restore the rights of third parties for actions by directors outside the articles of association of a limited liability company (PT). The type of research applied in this research is normative research. The sources of legal materials used are primary and secondary legal sources. Techniques for collecting legal materials by studying document recording. After the legal material is collected, it is then analyzed qualitatively. The results of the study reveal that in Indonesia it is possible to implicitly state the Limited Liability Company Law, acknowledge and accept the Doctrine outside the articles of association of the Limited Liability Company. In addition, there are also some grounds that can be used as an alibi to provide protection against third parties. These basics include the Principle of Good Faith, the Pacta Sun Servanda Principle and the Doctrine outside the Modern constitution. By relying on these basics, preventive legal protection and repressive legal protection can be provided.]]>
<![CDATA[Perlindungan Hukum Hak-Hak Narapidana Anak di Lembaga ]]>
<![CDATA[Komang Angga Pradana]]>;
<![CDATA[I Nyoman Gede Sugiartha]]>;
<![CDATA[Diah Gayatri Sudibya]]>
<![CDATA[ Jurnal Preferensi Hukum Vol. 2 No. 3 (2021): Jurnal Preferensi Hukum ]]>
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DOI: 10.22225/jph.2.3.3993.513-518
<![CDATA[Acts against the law against children are now increasing in the country, children are one of the creations of God Almighty as his creation with the age of children under 18 years old or unmarried are still unstable towards behavior, their emotions are still unstable should be more receive full attention in correctional institutions. This study aims to analyze the regulation of the child education system in special coaching institutions and legal protection for child prisoners in special coaching institutions. This type of research uses the normative method, using the Legislative and Conceptual approach. The sources of legal materials used are primary and secondary legal sources. The technique of collecting data on legal materials used is through recording, namely by quoting. The analysis of legal materials used in this research is descriptive-qualitative. The results of the study reveal that the justice and education system is regulated in the Law of the Republic of Indonesia Number 11 of 2012 concerning the Juvenile Criminal Justice System while the legal protection of children is regulated in the Law of the Republic of Indonesia Number 35 of 2014 amendments to Law Number 23 of 2002 concerning Child protection. Correctional officers should better understand and adapt to the conditions and situations of Indonesia without ignoring the methods or procedures for protection carried out by other countries that should be considered and imitated.]]>
<![CDATA[Pengenaan Pajak Penghasilan (PPH) atas Peralihan Hak atas Tanah atau Bangunan ]]>
<![CDATA[I Ketut Gede Purnayasa]]>;
<![CDATA[Ida Ayu Putu Widiati]]>;
<![CDATA[Luh Putu Suryani]]>
<![CDATA[ Jurnal Preferensi Hukum Vol. 2 No. 3 (2021): Jurnal Preferensi Hukum ]]>
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DOI: 10.22225/jph.2.3.3994.519-524
<![CDATA[The imposition of income tax on land and buildings is the imposition of tax with applicable provisions and is carried out by individuals or legal entities. The purpose of this study is to reveal the regulation regarding the imposition of income tax on the transfer of rights to land and or buildings and the mechanism for imposing income tax on the transfer of rights to land and or buildings. The research method used is normative legal research with a statutory approach and a conceptual approach. The sources of legal materials used are primary, secondary and tertiary sources of legal materials. The materials that have been obtained are then analyzed using qualitative analysis techniques where the assessment is carried out deductively, in order to produce data that is descriptive analytical. The results of the study reveal that the regulation regarding the imposition of income tax on land and buildings is carried out in accordance with the provisions in Article 4 paragraph (2) letter (d) of the Income Tax Law, in which the imposition of taxes is absolute. On this basis, the imposition of income tax including the nature, amount and procedure for its payment, as well as its withholding and collection is regulated by PP. 71 Year 2008. And the mechanism of imposition of taxes has been regulated in PP no. 34 of 2016 especially in article 2 paragraph (1).]]>
<![CDATA[Sanksi Pidana Terhadap Pelaku Pemalsuan Surat Rapid Test di Masa Pandemi Covid- 19 ]]>
<![CDATA[I Kadek Candra Karunia Bagiarta Putra Sugiantara]]>;
<![CDATA[I Nyoman Gede Sugiartha]]>;
<![CDATA[Ida Ayu Putu Widiati]]>
<![CDATA[ Jurnal Preferensi Hukum Vol. 2 No. 3 (2021): Jurnal Preferensi Hukum ]]>
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DOI: 10.22225/jph.2.3.3995.525-529
<![CDATA[The outbreak of the Covid-19 virus has caused the Indonesian government to take a serious policy in tackling the spread of this virus by imposing regional restrictions. This policy has led to the falsification of the COVID-19 rapid test certificate and the collection of rapid management fees at inflated prices. The purpose of this study is to uncover the criminal act of counterfeiting a rapid test letter and the legal sanctions for counterfeiting a rapid test letter. This research is a type of normative legal research with statutory law and factual law. Sources of legal materials used in the form of primary and secondary legal materials. The technique of collecting legal materials in this research is recording and recording which is then analyzed deductively and inductively logic. The results of the study reveal that letter falsification is regulated in Articles 263 to 267 of the Criminal Code, besides that it is also regulated in Article 7 of the medical code of ethics. If the doctor is proven to have committed the falsification himself, then the liability is punishable by a maximum of 4 years and administrative sanctions.]]>
<![CDATA[Keadilan Restoratif dalam Tindak Pidana Ringan di Masa Pandemi Covid-19 ]]>
<![CDATA[I Gusti Ayu Sukrisma Dewi]]>;
<![CDATA[Anak Agung Sagung Laksmi Dewi]]>;
<![CDATA[I Made Minggu Widyantara]]>
<![CDATA[ Jurnal Preferensi Hukum Vol. 2 No. 3 (2021): Jurnal Preferensi Hukum ]]>
Publisher : <![CDATA[Warmadewa Press ]]>
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DOI: 10.22225/jph.2.3.3996.530-535
<![CDATA[At the time of the Covid-19 pandemic, various activities were suspended in terms of education, tourism, companies, politics, and the resolution of a case that caused a crowd or crowd. Where to minimize the spread of COVID-19 in resolving a minor problem, it can be done through Restorative Justice. The purpose of this study is to analyze the legal arrangements regarding restorative justice in minor crimes during the covid-19 pandemic and criminal sanctions against minor crimes based on restorative justice. This research is a normative legal research using primary and secondary legal sources. Data collection techniques are carried out to obtain the required legal materials through recording and documentation studies. Then, the legal materials are processed using interpretation analysis. The results of the study reveal that the regulation of restorative justice in minor crimes during the covid-19 pandemic is very necessary to regulate criminal sanctions against minor crimes based on restorative justice.]]>
<![CDATA[Tinjauan Yuridis atas Tindak Pidana Pencemaran Nama Baik Terhadap Institusi Negara ]]>
<![CDATA[I Nyoman Surya Natha]]>;
<![CDATA[Anak Agung Sagung Laksmi Dewi]]>;
<![CDATA[Luh Putu Suryani]]>
<![CDATA[ Jurnal Preferensi Hukum Vol. 2 No. 3 (2021): Jurnal Preferensi Hukum ]]>
Publisher : <![CDATA[Warmadewa Press ]]>
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DOI: 10.22225/jph.2.3.3997.536-542
<![CDATA[Defamation often occurs in the real world and online. Basically the law on defamation has been regulated and formulated in Article 310 of the Criminal Code which consists of 3 (three) paragraphs. It is contained in Article 27 paragraph (3) of Law Number 19 of 2016 concerning Amendments to Law Number 11 of 2008 concerning Information and Electronic Transactions (UU ITE). However, in this case, it is necessary to hold strict sanctions in order to overcome defamation of state institutions or institutions. The purpose of this research is to reveal the application of law to the Criminal Acts of Blasphemy against State institutions and the judge's legal considerations on Decision Number 117/Pid.Sus /2020/PN Kka. This research is a normative research with legislation approach. The sources of legal materials used are primary, secondary and tertiary sources of legal materials. The technique of collecting legal materials is done by studying literature which is then analyzed systematically. The results of the study revealed that the judge's legal considerations against Decision Number 117/Pid.Sus/2020/PN Kka which stated that the Defendant Sumarni Alias Arni Binti Daso was legally and convincingly proven guilty of committing a criminal act intentionally and without the right to transmit and/or make it accessible. electronic information that contains defamation, as regulated and threatened with criminality in Article 45 paragraph (3) of the Law of the Republic of Indonesia Number 19 of 2016 concerning Amendments to Law of the Republic of Indonesia Number 11 of 2008 concerning Information and Electronic Transactions in the Indictment Sole Prosecutor.]]>
<![CDATA[Perlindungan Hukum bagi Pekerja Akibat Pemutusan Hubungan Kerja pada Masa Pandemi Covid-19 ]]>
<![CDATA[Eggy Septyadi Silaban]]>;
<![CDATA[Desak Geded Dwi Arini]]>;
<![CDATA[Luh Putu Suryani]]>
<![CDATA[ Jurnal Preferensi Hukum Vol. 2 No. 3 (2021): Jurnal Preferensi Hukum ]]>
Publisher : <![CDATA[Warmadewa Press ]]>
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DOI: 10.22225/jph.2.3.3998.543-547
<![CDATA[Currently, any part of the world is facing a virus called Covid-19. Since the emergence of this case, all access has been hampered, especially in the economic field. Increasing unemployment is one of the current problems, for that we need a legal protection to ensure life for workers during this pandemic. The purpose of this study to analyze. Arrangements for termination of employment for workers due to the COVID-19 pandemic as well as legal protection for workers due to termination of employment due to the COVID-19 pandemic. This research is a type of normative legal writing with a conceptual approach and legislation. Sources of data used in the form of secondary and primary data sources. Data collection techniques by classifying primary legal materials with secondary legal materials as research support. The analysis of legal materials obtained by qualitative analysis. The results of the study indicate that Termination of Employment has a negative impact on workers because they lose their jobs so that it also has an impact on increasing the poverty level of the Indonesian people. Because the emergence of PSBB regulations from the government of course makes the space for work narrower and layoffs are increasingly prevalent, therefore the regulation of Law no. 13 of 2003 concerning Manpower and also the role of the government is very important to overcome the occurrence of layoffs that are not in accordance with the laws and regulations. The legal protection is divided into 2 things, namely preventive legal protection and repressive legal protection.]]>
<![CDATA[Pengaturan Karantina Tumbuhan dalam Pengawasan Buah Impor di Indonesia ]]>
<![CDATA[Ni Putu Wirastha Wisnuswari]]>;
<![CDATA[I Nyoman Putu Budiartha]]>;
<![CDATA[Desak Gede Dwi Arini]]>
<![CDATA[ Jurnal Preferensi Hukum Vol. 2 No. 3 (2021): Jurnal Preferensi Hukum ]]>
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DOI: 10.22225/jph.2.3.3999.548-552
<![CDATA[The practice of applying chemical substances to fruits to keep them fresh and look fresh is still being discovered. This form of fraud can occur and can pass into the fruit market in Indonesia in the absence of an agency that specifically pays attention to and carries out quarantine. The purposes of this study are to reveal the plant quarantine arrangements in the provisions of the legislation on the supervision and model for imported fruit that will be marketed and consumed by the public. The type of research used in this research is normative legal research. Sources of legal materials used are primary, secondary and tertiary sources of law. The technique of collecting legal materials used in this research is the technique of document study and literature study. After the data is collected, then it is analyzed descriptively. The results of the study show that the regulation of plant quarantine is in the Law of the Republic of Indonesia Number 21 of 2019 concerning Animal, Fish and Plant Quarantine and is also regulated in Government Regulation Number 14 of 2002 concerning Plant Quarantine. The control model for imported fruit to be marketed and consumed by the public is carried out according to the procedure, namely that each carrier medium (plants and their parts and/or other objects) is subject to plant quarantine, physical/visual inspection is carried out and continued with health checks according to the OPTK target.]]>
<![CDATA[Pengaturan dan Penegakan Hukum Pedagang Kaki Lima di Kota Denpasar ]]>
<![CDATA[I Ketut Cahaya Rai Siwi]]>;
<![CDATA[I Wayan Arthanaya]]>;
<![CDATA[Luh Putu Suryani]]>
<![CDATA[ Jurnal Preferensi Hukum Vol. 2 No. 3 (2021): Jurnal Preferensi Hukum ]]>
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DOI: 10.22225/jph.2.3.4000.553-559
<![CDATA[Although unlike big cities in Indonesia where the control of street vendors (PKL) is much highlighted by the local government to maintain cleanliness and public order, Denpasar City should start taking into account the presence of street vendors (PKL). For this reason, it is very important to regulate, organize and enforce the law for street vendors (PKL) so that there is order and firmness in its implementation. The purpose of this study is to analyze the regulation of street vendors in Denpasar City and the law enforcement of street vendors in Denpasar City. The type of research used in this research is normative legal research using primary and secondary legal materials. The collection of legal materials is done by reading, researching, understanding and analyzing books or literature, legal provisions, essays, magazines or other forms of information which are then analyzed systematically. The results of the study indicate that the regulation of street vendors in Denpasar City is regulated in the Denpasar City Regulation Number 2 of 2015 concerning PKL. The scope of regulation includes structuring and empowering street vendors. Law enforcement for street vendors includes Preventive Efforts which include providing suggestions or solutions to find vacant land owned by residents who have not been utilized, Counseling by Satpol PP officers. Repressive efforts include actions to stop violations of regional regulations in addition to waiting for the leadership's decision, in this case the mayor's decision and violators of regional regulations to be investigated directly by the PPNS for further processing in the Minor Crime Court]]>
