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.
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396 Documents
<![CDATA[Kepastian Hukum Pemegang Hak atas Tanah dalam Sistem Hukum Pertanahan di Indonesia ]]>
<![CDATA[I Made Citra Gada Kumara]]>;
<![CDATA[I Ketut Kasta Arya Wijaya]]>;
<![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.2.3.4013.560-563
<![CDATA[Land rights certificates still face the possibility of lawsuits from other parties who feel they have rights to the land, so that if it can be legally proven that he is the real owner, the land rights certificate can be canceled. The purpose of this study is to determine the legal certainty of land rights holders in the land law system in Indonesia and the government's efforts to provide legal certainty to land rights holders. The type of research used in this research is normative legal research. Sources of data used are primary and secondary data sources. The technique of collecting legal materials is done by recording, studying and reading legal doctrines related to the legal issues under study. The legal material analysis technique used to process the legal material obtained is by using analytical descriptive data analysis. The results of the study indicate that the evidentiary strength of a certificate of land rights owned by the right holder is basically guaranteed by law because it is written clearly about the types of rights, physical information regarding the land, the burden on the land and legal events that are interconnected with the land. then the data is considered correct]]>
<![CDATA[Penerapan Peraturan Menteri Ketenagakerjaan Nomor 6 Tahun 2016 di PT. Braga Konsep Solusi ]]>
<![CDATA[I Nyoman Gilang Radwithama]]>;
<![CDATA[Anak Agung Sagung Laksmi Dewi]]>
<![CDATA[ Jurnal Preferensi Hukum Vol. 2 No. 3 (2021): Jurnal Preferensi Hukum ]]>
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DOI: 10.22225/jph.2.3.4014.564-569
<![CDATA[Braga Concept Solutions domiciled in Denpasar City is a company in the field of tourism, especially in restaurants. When approaching religious holidays, every worker/labourer gets non-wage income, namely the Hari Raya Allowance. However, the workers/laborers at PT. Braga Solusi Concept has not yet received the Religious Holiday Allowance as stipulated in the regulation. The purpose of this study is to reveal the application of the provision of religious holiday allowances for workers / laborers at PT. Braga Concept Solutions and obstacles in providing holiday allowances for workers/laborers at PT. Braga Solution Concept. The method used in this study is an empirical legal research method with a sociological juridical approach. The sources of law used are primary and secondary sources of law. In analyzing the data that has been collected then used qualitative analysis techniques. The results of the study reveal that the conclusion of this study is the mechanism for providing Religious THR at PT. Braga Concept Solutions are not fully in accordance with applicable regulations. The obstacle faced is the lack of information about the applicable regulations. Dissemination of laws and regulations is very necessary for workers with the aim of making workers aware of their rights, including the mechanism for resolving them if there are obstacles, the goal is to prevent this from happening again.]]>
<![CDATA[Penyelesaian Kredit Macet di Koperasi Sumber Kasih Desa Tangeb, Kecamatan Mengwi, Kabupaten Badung ]]>
<![CDATA[I Kadek Nova Astrawan]]>;
<![CDATA[Anak Agung Sagung Laksmi Dewi]]>;
<![CDATA[Luh Putu Suryani]]>
<![CDATA[ Jurnal Preferensi Hukum Vol. 2 No. 3 (2021): Jurnal Preferensi Hukum ]]>
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DOI: 10.22225/jph.2.3.4015.570-575
<![CDATA[Indonesia is a developing country with various kinds of economic development. Bound by government regulations, the community cannot act arbitrarily and must follow applicable norms. The government in an effort to equalize the welfare of its people creates a forum for community associations to manage their funds or borrow funds to open a business. The purpose of this study is to reveal the legal arrangements for bad loans at KSU Sumber Kasih, Tangeb village and the settlement of bad loans at KSU Sumber Kasih, Tangeb village. This research applies normative research methods. Sources of data used in the form of primary and secondary legal materials. This research was conducted by looking for direct data from the field and through legal science books and connecting with the issues raised and then linking them to the current legislation which was then analyzed systematically. The results of the study reveal that Rural Banks are the government's solution to provide convenience to the community but with terms and conditions in the lending process. Every community who wants to borrow money for certain purposes can be done at BPR, those who want to borrow capital must have collateral which will later be calculated according to the desired loan, but it is not uncommon for bank staff not to think about the amount of collateral used with borrowed funds, this often happens. default]]>
<![CDATA[Kewenangan Penyidik Kepolisian dalam Melakukan Penyidikan Tindak Pidana Korupsi ]]>
<![CDATA[I Putu Edi Rusmana]]>;
<![CDATA[I Made Minggu Widyantara]]>;
<![CDATA[Luh Putu Suryani]]>
<![CDATA[ Jurnal Preferensi Hukum Vol. 2 No. 3 (2021): Jurnal Preferensi Hukum ]]>
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DOI: 10.22225/jph.2.3.4018.576-581
<![CDATA[Various laws and regulations that were created as a substitute for the previous rules, have not guaranteed success in eradicating corruption in Indonesia. The existence of several laws that regulate the authority and obligations of each law enforcement officer such as the Police, Prosecutors, Judges and the KPK so that it creates a blurring of their authority or there is an overlap of authority granted by the state creates a wrong perception, for example, the police as investigators feel they are authorized to carry out criminal investigations. corruption in addition to prosecutors and the KPK. The purpose of this study is to analyze the regulation of the authority of police investigators in conducting investigations into cases of criminal acts of corruption and what obstacles are faced by police investigators in conducting investigations into criminal acts of corruption. This research is a normative legal research type with a conceptual approach and a statutory approach. The legal sources used are secondary legal materials. The method of collecting legal material sources used in this study is the categorization of legal material sources. The legal materials that have been collected, then during the discussion will be processed and analyzed with legal interpretations and legal arguments, deductively then poured descriptively. The results of the study indicate that there is no cooperation in the form of legislation between police investigators and other law enforcement parties such as the Prosecutor's Office and the KPK, it is necessary to immediately establish a law that regulates clearly and in detail about the authority, cooperation and coordination in conducting criminal investigations. corruption, this needs to be done in order to be more effective and can be realized.]]>
<![CDATA[Sanksi Pidana terhadap Penumpang yang Membawa Barang Berbahaya dalam Penerbangan ]]>
<![CDATA[Ibnu Maruf]]>;
<![CDATA[Anak Agung Sagung Laksmi Dewi]]>;
<![CDATA[I Made Minggu Widyantara]]>
<![CDATA[ Jurnal Preferensi Hukum Vol. 2 No. 3 (2021): Jurnal Preferensi Hukum ]]>
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DOI: 10.22225/jph.2.3.4019.582-587
<![CDATA[Aviation is the transportation that is chosen by many people to support their mobility and travel efficiency. In order to maintain comfort for users of aviation transportation, the operation of flights and their supervision is regulated directly by the national transportation unit system in an integrated and systematic manner. This study aims to examine the legal arrangements for passengers who carry dangerous goods on flights and reveal criminal sanctions against passengers who carry dangerous goods on flights. This study was designed using normative legal research, with a legislative and conceptual approach. The data used are sourced from primary, secondary and tertiary legal materials obtained through reading activities. Then analyzed using literature study. The results of the study reveal that legal arrangements regarding passengers carrying dangerous goods on flights are regulated in detail and firmly in Law No. 1 of 2009 concerning Aviation, Government Regulation No. 3 of 2001 concerning security and safety in flights and the sanctions given to perpetrators who carry dangerous goods are: imprisonment for 2 years and a fine of Rp. 500,000,000]]>
<![CDATA[Putusan Sela Perkara Perdata Bila Penggugat Asal Meninggal Dunia ]]>
<![CDATA[I Kadek Agus Widiastika Adiputra]]>;
<![CDATA[I Nyoman Gede Sugiartha]]>;
<![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.2.3.4021.588-593
<![CDATA[The decision of the Panel of Judges on Civil Case No. 414/Pdt.G/2019/PN Dps, which continued the trial and set an interim decision even though one of the plaintiffs had died, contradicted the Jurisprudence of the Supreme Court of the Republic of Indonesia Number 431K/Sip/1973, dated May 9, 1974. This study aimed to examine the setting of interlocutory decisions on the civil procedural law and examine the judge's considerations in determining the continuation of the trial process in the case of decision Number: 414/Pdt.G/2019/PN Dps when the original plaintiff died. This research was designed by using normative legal research and legislation approaches. The data used were primary and secondary legal data collected through documentation techniques by processing and analyzing legal literature that had been collected using legal arguments. The results of the study indicated that the provision of interlocutory decisions was regulated in Article 185 HIR/196 RBg. Interlocutory decisions could be divided into 4 groups, namely preparatory, interlocutor, incidental, and provisional. The judges' considerations in civil cases Number: 414/Pdt.G/2019/PN Dps The Intervenient asked the Panel of Judges to be given the position of a Plaintiff-Intervenor based on the legal basis of disputes over property rights, over the land and buildings on it with the Intervenient's position as a buyer in good faith.]]>
<![CDATA[Kriminalisasi Terhadap Pekerja Seks Komersial Melalui Online dalam Pembaharuan Hukum Pidana ]]>
<![CDATA[I Gede Yoga Pratama]]>;
<![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.2.3.4022.594-598
<![CDATA[Prostitution is behavior that is openly subject to adultery without any marriage bond. Nowadays prostitution is easy to find on various social media. Commercial-related regulations have been regulated in the Criminal Code, Law no. 19 of 2016 concerning Information and Electronic Transactions, Law no. 44 of 2008 concerning Pornography, Law no. 21 of 2007 concerning the Crime of Human Trafficking. This study aimed to examine the criminal law regulation of online sex workers according to positive law and uncover criminal sanctions against online sex workers in the future. This study was designed using normative legal research, with a Legislative approach. The legal materials used were primary legal materials and secondary legal materials. Data were collected using documentation study techniques and literature studies, then analyzed using systematic interpretation techniques. The results of the study indicated that sanctions for pimps are regulated in the Criminal Code, Law no. 21/2007, Law no. 44/2008, and Law no. 19/2016, and only article 284 of the Criminal Code concerning adultery that can ensnare prostitutes and customers if they have a family, and criminal sanctions for commercial sex workers in the future are contained in articles 425 to 428 of the Draft Criminal Code.]]>
<![CDATA[Analisis Yuridis Money Politic oleh Calon Anggota Dewan Perwakilan Daerah dalam Pemilihan Umum ]]>
<![CDATA[Ade Marcelian Pande]]>;
<![CDATA[Ida Ayu Putu Widiati]]>;
<![CDATA[I Wayan Arthanaya]]>
<![CDATA[ Jurnal Preferensi Hukum Vol. 2 No. 3 (2021): Jurnal Preferensi Hukum ]]>
Publisher : <![CDATA[Warmadewa Press ]]>
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DOI: 10.22225/jph.2.3.4023.599-602
<![CDATA[Money politics is a crime against democracy as aspired by the Indonesian state, especially against money politics crimes committed by Regional Representative Council Candidates. This study aimed to examine the forms of money politics in general elections and to reveal sanctions against candidates for Regional Representative Council Candidates who committed money politics. This study is normative research with a statutory approach. The sources of data used were primary and secondary data. Data were collected through reading activities, which were carried out by collecting existing legal materials or studying documents from existing laws and regulations and other supporting instruments. The results of the study indicated that the regulation of money politics is regulated in the constitution and some special legal regulations. The form of money politics is in the form of money, public facilities, basic needs, and projects. The sanctions applied are imprisonment and fines or imprisonment instead of fines. Criminal sanctions are applied to perpetrators who gave or received all forms of money politics, which is used as a strategy to win political contestations]]>
<![CDATA[Sanksi Pidana Terhadap Pencurian Ikan (Ilegal Fishing) di Laut Indonesia yang Dilakukan oleh Kapal Asing ]]>
<![CDATA[I Nyoman Rama Cahyadi Putra]]>;
<![CDATA[I Nyoman Gede Sugiartha]]>;
<![CDATA[Luh Putu Suryani]]>
<![CDATA[ Jurnal Preferensi Hukum Vol. 2 No. 3 (2021): Jurnal Preferensi Hukum ]]>
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DOI: 10.22225/jph.2.3.4024.603-608
<![CDATA[Illegal fishing is fishing that is done illegally. The illegal domain is meant because it is contrary to the methods that have been prohibited in the law, both in terms of actions that can damage the sustainability of the fish ecosystem, which in this case is using fishing gear that can damage the condition of the aquatic ecosystem or fishing without having a fishing license which is also the realm of illegal fishing. In criminal acts, some acts are against criminal law. Criminal law is divided into two parts, namely objective criminal law and subjective criminal law. Sentencing is one of the efforts made by the state to change the behavior of a prisoner so that he can change and later return to society to become a better person. This study aimed to examine the regulation of illegal fishing carried out by foreign vessels in Indonesian seas and to reveal criminal sanctions against perpetrators of illegal fishing in the sea carried out by foreign vessels. This research was designed by using normative research with a statutory approach as well as a conceptual approach. The sources of legal materials consisted of primary and secondary legal materials. The collection of legal materials was done by collecting legal materials that were related to the material discussed. The technique of analyzing legal materials used a descriptive analysis system. Of the results of data analysis, it is discovered that fish theft occurs because of fishing without procedures that have been established in Indonesian waters and can be subject to sanctions in the form of imprisonment and fines.]]>
<![CDATA[Peran Kantor Desa Blahbatuh dalam Meningkatkan Partisipasi Masyarakat Terhadap Administrasi Kependudukan ]]>
<![CDATA[Ida Ayu Gede Adi Suandewi]]>;
<![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.2.3.4025.609-615
<![CDATA[To address various problems related to population, the government seeks to obtain accurate population data in Indonesia to be able to make an appropriate mapping to deal with population problems. This study aimed to reveal the role of the Blahbatuh Village Office in increasing community participation in population administration and to explain the factors that influence the low participation of citizens to report population events in Blahbatuh Village. The research method used was empirical law with a field research approach. The main data was obtained through interviews and observations. The analytical model used was qualitative data. The results showed that the role of the Blahbatuh Village Office in increasing community participation in population administration was to provide counseling, to socialize with the community about the importance of Population Administration. Furthermore, prioritizing service to the community based on conscience. The low community participation in population administration reporting is the low community participation in implementing village regulations, and the work system that has not been implemented properly]]>
