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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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Gugatan Ganti Kerugian dalam Kasus Pencemaran Nama Baik menurut Kitab Undang-Undang Hukum Perdata I Made Heriyana; Anak Agung Sagung Dewi; Ni Made Puspasutari Ujianti
Jurnal Preferensi Hukum Vol. 1 No. 1 (2020): Jurnal Preferensi Hukum
Publisher : Warmadewa Press

Legal protection against defamation victims in the national legal system has not obtained adequate protection. Whereas in the concept of legal state as a form of protection against victims of crime must obtain a large portion as a state of protection against the community. Based on the background of the problem described above. It can be formulated with the following problems 1) How is the indemnity claim made by criminal defamation? 2) How is the process of indemnity against defamation victims? Referring to the formulation of the problem then the type of research used in the writing is normative research. Methods used in the processing of legal materials namely the method of analysis of analytical decsriptive data. The reimbursement of damages incurred upon the name of the defamation is set out in the Civil Code of article 1372-1380 as a form of unlawful deed as stipulated in article 1365 of the Civil Code. There is a date of tax assessment to file a lawsuit for an insult i.e. a lawsuit must be filed within one year from the day of the deed and the perpetration of the act/insult by the plaintiff. Damages are intended to restore the condition of the victim so that it is in or back to such circumstances if there is no insult in other words intended to replace the lost or reduced victim of insult.

Pengaturan Sanksi Kumulatif dalam Tindak Pidana Korupsi I Made Sandi Cahyadi; I Nyoman Putu Budiartha; I Made Minggu Widyantara
Jurnal Preferensi Hukum Vol. 1 No. 1 (2020): Jurnal Preferensi Hukum
Publisher : Warmadewa Press

Corruption is a crime against social and economic rights of the community. Corruption has become an extraordinary crime or crime. Likewise, the eradication effort can no longer be done in the usual way, but must use extraordinary methods. Corruption is an evil act that can make the country a loss. In Indonesia, corruption has been widespread in society, its development continues to increase from year to year. This study aims to analyze the regulation of cumulative sanctions in corruption and analyze the judges' consideration in imposing criminal sanctions in place of fines as one of the cumulative sanctions in corruption. The research used was normative legal research using a statutory approach, conceptual approach, case approach which was then analyzed descriptively. Based on the results of the discussion it can be explained that the regulation of cumulative sanctions in corruption is regulated in article 2, article 6, article 8, article 9, article 10, article, 12, article 12B. Judge's consideration in giving a ruling is judicial consideration and seeing the legal facts revealed in the trial. So it can be concluded that the approach used by the judge in consideration of the decision is the balance theory, the theory of the art approach and intuition, the scientific approach theory, the experience approach theory and the ratio decidendi theory.

Rehabilitasi terhadap Korban Penyalahgunaan Narkotika di Badan Narkotika Nasional Provinsi Bali I Made Subantara; Anak Agung Sagung Laksmi Dewi; Luh Putu Suryani
Jurnal Preferensi Hukum Vol. 1 No. 1 (2020): Jurnal Preferensi Hukum
Publisher : Warmadewa Press

Narcotics continues to be produced at this time in addition to medicine as well as for the development of scientific studies. Narcotics, on the one hand, is a drug or substance that is useful in the field of medicine or health services and scientific development, on the other hand, it can lead to dependence and cause harm if it is not used properly and without strict and careful control and supervision. When used irregularly according to dosages, it can be physically and mentally damaging for those who use it to become dependent. This study aims to determine the procedures for implementing rehabilitation of victims of narcotics abuse and the obstacles faced by the National Narcotics Agency of Bali Province in rehabilitating narcotics abuse at the National Narcotics Agency of Bali Province. This research uses the normative method because there are still vague norms, based on the opinion of the undergraduate law and law.

Kedudukan Balu Luh di Desa Adat Suter Bangli I Made Suriana; I Made Suwitra; Diah Gayatri Sudibya
Jurnal Preferensi Hukum Vol. 1 No. 1 (2020): Jurnal Preferensi Hukum
Publisher : Warmadewa Press

The patrilineal descent system, as is also the case in the indigenous Balinese, has the consequence that the heirs in Bali are determined according to the male lineage (purusa). However, it is also possible for women to be appointed as heirs, that is, in the case of the girl being appointed as a sentana rajeg or the status of a girl is changed from predana to purusa status. Based on the background of this research problem formulation as follows: how is the obligation for the manners of Balu Luh in the Suter Bangli Customary Village and how the authority of the manners for the inheritance of her husband. The type of research used is empirical legal research. The results of this research discussion are as follows: Obligations for manners in the village of Suter Bangli, among others, take care of the inheritance of her deceased husband well, behave well, enforce discipline, obey the obligations, carry out obligations, panca yadnya and others, which are then referred to as her husband's legacy properly balu pageh, the widow's right as long as only enjoying it can not sell, give, and give it to others except with the consent of her children and the family of her late husband if her children are still small. This applies to heirlooms and riches (marriage assets), because for heirlooms, a widow does not have any rights, the right is the purusa of the family of her deceased husband, but the widow has the right to enjoy it if the widow is pageh. The authority of the courtesy of her husband's inheritance includes: Maintaining the integrity of the family, not doing things that are not good, so that it can be called a shame. No authority to sell, transfer the assets left by her late husband. May ask for children / sentana, but with the consent of the family of the late husband. May also remarry with the approval of the family of the late husband.

Sanksi Pidana terhadap Tindak Pidana Korupsi Dana Hibah I Wayan Agus Yudana; I Nyoman Sujana; Anak Agung Sagung Dewi
Jurnal Preferensi Hukum Vol. 1 No. 1 (2020): Jurnal Preferensi Hukum
Publisher : Warmadewa Press

Corruption of subsidy funds is common in the community and is often heard through the media and news in various places. These grants often cause various problems, especially those arising from the Regional Budget (APBD), both during implementation and management or payment. There is a lot of abuse of subsidized funds for personal gain. In accordance with the background description, this research focused on the elaboration of the regulation regarding the criminal act of corruption of grant funds and the description of criminal sanctions against perpetrators who commit criminal acts of corruption of grant funds. This study was designed using a type of normative research, and the data was collected from literature studies and positive laws that apply. In case Number: 32 / Pid.Sus.TPK / 2016 / PN.Dps the defendant with the initials IWB had actually committed corruption in the grant funds according to the law in force, henceforth the Panel of Judges sentenced them to one year imprisonment and paid compensation fifty million rupiah. If he did not pay the fine, it would be replaced with a 1-month prison term and he would have to return the state money worth three hundred and fifty million rupiah. After the analysis was done, it can be concluded that according to the provisions of Article 2 and Article 3 of Law 20 of 2001, the prison sentence may be imposed on the perpetrators of the crime of grant funding.

Peran Pranata adat Dalam Pencegahan Konflik Antara Kelompok Masyarakat Adat I Putu Agus Arya Dauh; I Ketut Sukadana; I Made Minggu Widyantara
Jurnal Preferensi Hukum Vol. 1 No. 1 (2020): Jurnal Preferensi Hukum
Publisher : Warmadewa Press

Customary order becoming a sociological aspect of institutionalized procedures for handling conflicts is a reality that still exists in Indonesian society. Indonesian people in general still apply the traditional values that have been applied for a long time as role models in social life. Law Number 7 of 2012, has encouraged customary arrangements in the management and solved problems in the community. The issue to be discussed in this paper were the regulation of handling social conflicts in Indonesia according to Law No. 7 of 2012? and the role of traditional institutions in handling social conflicts in Indonesia's heterogeneous society. In this study the authors used a normative legal research method. This study use the socio-legal approach. The results of this study showed that the regulation of handling social conflicts according to Law No. 7 of 2012 Customary Institutions have a role in conflict prevention, conflict management, post-conflict handling between communities. The role of the customary community order in handling a conflict for Indonesian community groups increases or fosters tolerance and mutual respect for freedom in carrying out community activities. With the growth of tolerance, conflict between communities can be avoided

Sanksi Pidana bagi Pelaku Perbuatan Cabul terhadap Anak Dibawah Umur (Studi Kasus Putusan Nomor 29/Pid. Sus- Anak/2018/PN Dps) I Putu Arta Setiawan; I Wayan Rideng; Ni Made Sukaryati Karma
Jurnal Preferensi Hukum Vol. 1 No. 1 (2020): Jurnal Preferensi Hukum
Publisher : Warmadewa Press

Cases of molestation against children are rife today. This is a problem that becomes the duty of law enforcement officers and the community to fight. Abuse of children is carried out by offenders to fulfill thier lust and also because of sexual abnormalities. Related to this problem, law enforcement agencies in particular and the community must play an active role in making efforts to overcome these problems. Imposition of sanctions is a repressive effort that can be done to provide a deterrent effect for the perpetrators. Based on this problem, this study was conducted to describe how the legal protection of child victims of sexual abuse and how sanctions for perpetrators of sexual abuse of children. This study used a normative method, and research data are sourced from the opinions of legal scholars and the Law. The results of this study indicate that the government and the community are required to provide special protection such as rehabilitation efforts and keep victims from surrounding labeling or suffering from their identity as victims of sexual abuse or violence, as Article 64 Paragraph (1) and (3) of Law Number 23 Year 2002 JO Law Number 35 of 2014 concerning Child Protection regulates it. Based on Decision Number 29 / Pid. Sus-Anak / 2018 / PN Dps determined that the defendant BASID fulfilled the elements of the formulation in Article 82 paragraph (1) Jo Article 76 E of the Child Protection Act No. 35 of 2014 concerning amendments to the Law of the Republic of Indonesia Number 23 of 2002 concerning child protection and was sentenced to 13 (thirteen) years in prison along with job training at Mercy Indonesia Foundation Jalan Intan LC II Gang IV No.1 Gatot Subroto Denpasar for 6 (six) months as in a single indictment of the Public Prosecutor

Sanksi Hukum terhadap Anggota Kepolisian yang Melakukan Pungutan Liar I Putu Gede Budihartawan; I Ketut Sukadana; I Nyoman Gede Sugiartha
Jurnal Preferensi Hukum Vol. 1 No. 1 (2020): Jurnal Preferensi Hukum
Publisher : Warmadewa Press

Illegal levies commonly known as extortion are generally carried out by unscrupulous employees from an agency and even by unscrupulous officers, including police officers. The police officers who are tasked with protecting and protecting the public should not commit such illegal payments. This deviation committed by members of the police caused problems and unrest in the community. Based on this background, this research was conducted with the aim of describing how the regulation prohibits illegal levies on members of the Indonesian police force and how the legal sanctions against members of the police who carry out illegal levies. The research method used in this study was the normative method. In this study a statutory and conceptual approach was used. Prohibition of Illegal Levies is regulated in article 6 letter W of Government Regulation No.2 of 2003. Legal sanctions against members of the police who carry illegal levies are subject to the provisions of articles 368, 378, 423 of the Criminal Code. The regulation of prohibitions and sanctions against illegal levies must be emphasized so that irresponsible persons do not cause unrest in the community.

Tanggung Jawab Pelaku Usaha terhadap Konsumen Go Food dalam Transaksi E-Commerce I Putu Wisna Dana; Ni Luh Made Mahendrawati; Ni Gusti Ketut Sri Astiti
Jurnal Preferensi Hukum Vol. 1 No. 1 (2020): Jurnal Preferensi Hukum
Publisher : Warmadewa Press

Economic transactions have been integrated with internet technology which is often called e-commerce. Although it has been arranged in such a way to protect the rights of consumers, the use of standard agreements in e-commerce transactions still has the risk of large losses to consumers. Based on the background of the problems above, this research was conducted with the aim of elaborating the responsibilities of business actors to consumers in the event of default in the Go Food transaction using e-commerce and describing sanctions for Go Food businesses that apply fraudulent use of e-commerce. Referring to the formulation of the problem, this study was designed using a normative research approach. The method used in the processing of legal materials, namely analytical descriptive data analysis methods. In accordance with the results of data analysis, the responsibility of business operators for defaults in Go Food transactions using e-commerce was to return Go-Pay balances. Sanctions for Go Food businesses that apply cheating in using e-commerce, which result in losses to consumers, were not only limited to the dismissal of partners, but sanctions could also be imposed on irresponsible business actors. The sanctions in question could be in the form of civil, criminal or administrative sanctions.

Pertanggungjawaban Pidana terhadap Pelaku Kekerasan Penganjuran Organisasi Kemasyarakatan I Wayan Ajus Sentana Putra Putra; I Made Sepud Sepud; Anak Agung Sagung Dewi
Jurnal Preferensi Hukum Vol. 1 No. 1 (2020): Jurnal Preferensi Hukum
Publisher : Warmadewa Press

The increasing number of new organizations appearing as a result of the freedom of expression, association and assembly, triggers the expression of dissent. It manifests aspects of democracy in the life of the nation and state. Freedom of association followed by anarchist actions taken by several organizations serves as a real answer due to the existence of legal mechanisms that do not work well. So, rather than not working, the organization is better to take action by walking alone. Such behavior is unconsciously an act against the law. The problem examined in this study relates to the regulation of criminal acts advocating social organizations and criminal liability against perpetrators of violence in the advocacy of such social organizations. This type of research is normative legal research with a statutory approach. Analysis of legal material is done by descriptive method. The regulation of criminal acts advocating social organizations set forth in Articles 55 and 56 of the Criminal Code. The form of offense or the element of inclusion in article 5 of the Criminal Law Code consists of four types of offenses, including: pleger, doenpleger, uitlokker and mediepleger. The criminal liability of perpetrators of violent acts advocated by social organizations is manifested in a rule requiring the makers and perpetrators to be equally punished; however, supporters can be sentenced lighter than the maker, which is reduced by one third of the maximum criminal offense threatened with capital punishment or life imprisonment, the assistant is sentenced to a maximum of 15 years in prison

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Nyoman Gede Sugiartha

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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

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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