cover
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
Jurnal Preferensi Hukum (JPH)
Published by Universitas Warmadewa
ISSN : 27465039     EISSN : 28099656     DOI : https://doi.org/10.55637/jph
Core Subject : Social,
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
Penyelesaian Wanprestasi simpan Pinjam pada Koperasi danu Artha Ida Bagus Gede Krismantara Manuaba; Anak Agung Sagung Laksmi Dewim; Ni Made Puspasutari Ujianti
Jurnal Preferensi Hukum Vol. 2 No. 3 (2021): Jurnal Preferensi Hukum
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (233.595 KB) | DOI: 10.22225/jph.2.3.4026.616-621

Abstract

Cooperatives as pillars of the national economy are not only expected to be equal to other economic actors, namely BUMN and private sectors but also have a greater role in running an economy characterized by democracy. Legal protection is all forms of efforts to protect human dignity and human rights in the field of law. Legal protection is all forms of efforts to protect human dignity and human rights in the field of law. APS is the designation given to the grouping of dispute resolution through the process of negotiation, mediation, conciliation, and expert rights. This study aimed to examine the legal protections for the parties in the event of a default in the Danu Artha Cooperative and reveal how to resolve the parties who enter into an agreement if there is a default in the Danu Artha Cooperative. This study was designed using empirical research with a sociological approach, regulations, conceptual problems, and cases. The data sources used were primary and secondary data. The results of the study revealed that legal protection in the agreement in cooperatives is important and is the basis for cooperatives in running the cooperative business, and dispute resolution against parties who default is carried out through non-litigation and litigation channels. The non-litigation route did not find a common ground so that the dispute was brought and resolved at the State Receivables and Auctions Agency.
Implementasi Prinsip Kehati -hatian dalam Mencegah Kredit pada PT. Buana finance. Denpasar Kadek Ardy Arya Saputra; I Nyoman Putu Budiartha; Ni Made Puspasutari Ujianti
Jurnal Preferensi Hukum Vol. 2 No. 3 (2021): Jurnal Preferensi Hukum
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (189.579 KB) | DOI: 10.22225/jph.2.3.4031.622-627

Abstract

primer dan sekunder. Bahan-bahan hukum yang telah didapat dari studi kepustakaan dan pendekatan perundang-undangan dianalisis dengan teknik interpretasi sistematis. Hasil penelitian mengungkapkan bahwa Keterangan saksi sangat diperlukan dalam persidangan guna untuk memberikan sanksi yang tepat bagi terdakwa. Hambatan pembuktian dari keterangan saksi yang memiliki hubungan dan ikatan dalam keluarga adalah apabila asas minimum pembuktian tidak dapat dibuktikan. Dapat disimpulkan kekuatan dari keterangan saksi yang tidak mengucap sumpah, maka tidak dapat dianggap sebagai alat bukti, melainkan hanya keterangan yang dipertimbangkan hakim.
Tindak Pidana Penyalahgunaan Narkotika oleh Remaja di Kabupaten Gianyar Luh Ketut Ayu Andayani; Anak Agung Sagung Laksmi Dewi; Luh Putu Suryani
Jurnal Preferensi Hukum Vol. 2 No. 3 (2021): Jurnal Preferensi Hukum
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (207.312 KB) | DOI: 10.22225/jph.2.3.4032.628-632

Abstract

The increase in the use of narcotics has recently shown a higher number. This creates problems for both the general public and individuals. The actions of drug abusers are very disturbing, starting from the family environment to the surrounding environment. As a result, many children are physically and mentally damaged. Of course, this will greatly affect their future. This study aims to examine the legal regulations for the criminal act of narcotics abuse by adolescents in Gianyar Regency and examine the judge's considerations in imposing criminal sanctions on narcotics abusers in Gianyar Regency. This research was designed using normative legal research with a statutory approach and a conceptual and problem approach. The data used were primary and secondary legal data. The data were obtained through field research using note-taking and documentation techniques. Furthermore, the data were analyzed descriptively qualitatively. The results showed that the application of material criminal law by the judge in case Number 516/Pid.Sus/2015/PN.Mks was fitting with the fulfillment of the elements of Article 127 Paragraph (1) letter a of Law Number 35 of 2009 concerning Narcotics by declaring the defendant legally and convincingly guilty of committing a crime of narcotics abuse. The judge's legal considerations in deciding the case Number 516/Pid.Sus/2015/PN.Mks were appropriate based on normative and sociological juridical considerations and by looking at valid evidence
Sanksi Hukum terhadap Anggota Polisi yang Melakukan Tindak Pidana Pembunuhan Ni Komang Ayu Sri Agustini; Anak Agung Sagung Laksmi Dewi; I Made Minggu Widyantara
Jurnal Preferensi Hukum Vol. 2 No. 3 (2021): Jurnal Preferensi Hukum
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (176.654 KB) | DOI: 10.22225/jph.2.3.4033.633-638

Abstract

The police are essentially government institutions and functions that are engaged in maintaining public security and order. The number of temptations causes the police to commit violations or criminal acts. This study aims to understand the legal arrangements against police officers who commit crimes and examine legal sanctions and legal rules that regulate problems in legal arrangements against police officers who commit criminal acts and forms of legal sanctions against the crime of murder. The research method uses normative legal research with a statutory and conceptual approach. Sources of legal materials consist of primary legal materials and secondary data. Data collection is done by reading the law on the police. Data analysis was carried out by case studies namely; the legal materials obtained in the research were processed and analyzed, and presented in a descriptive-analytical manner. The results of the study indicated that legal arrangements for police officers who commit murder crimes, where violations of the code of ethics have consequences, will be tried by the commission of the professional code of ethics. The legal sanction is that a police officer who commits a crime will be processed through a general court trial, undergo sanctions, and undergo a code of ethics trial with dishonorable dismissal. The imposition of disciplinary sanctions is decided in a disciplinary hearing for members of the police who violate police discipline and code of ethics
Peranan Kepala Desa dalam Pelaksanaan Pembangunan di Desa Ombarade, Kecamatan Wewewa Tengah, Kabupaten Sumba Barat Daya Agustinus Bali Mema; I Nyoman Putu Budiartha; I Nyoman Sutama
Jurnal Preferensi Hukum Vol. 2 No. 3 (2021): Jurnal Preferensi Hukum
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (166.423 KB) | DOI: 10.22225/jph.2.3.4034.639-645

Abstract

The Village Head is responsible for carrying out development in his area and meeting all the needs of its citizens, one of which is the provision of public facilities through infrastructure development. The people of Ombarade Village, Southwest Sumba Regency really need facilities and infrastructure to make it easier for their people to carry out their activities. This study aims to reveal the role of the village head in the implementation of development, as well as to examine the obstacles of the village head in the implementation of development. This study was designed with empirical research using an approach to see and examine facts in the field using interview data collection techniques. The data used are primary data and secondary data. Furthermore, the data were analyzed descriptively qualitatively. The results showed that the authority of the Ombarade Village Head, Wewewa Tengah District, Southwest Sumba Regency regarding the implementation of development based on Law Number 6 of 2014, Regulation of the Minister of Home Affairs Number 114 of 2014. On the other hand, one of the inhibiting factors for village development lies in the lack of facilities. and infrastructure and supporting facilities. In addition, the lack of socialization regarding work programs or the like related to the village development process also affects the smooth implementation of village development.
Pertanggungjawaban Pidana Terhadap Pelaku yang Melakukan Perbuatan Menyuruh Anak sebagai Pengemis Ni Nyoman Ayu Ratih Ganitri; I Nyoman Putu Budiartha; Luh Putu Suryani
Jurnal Preferensi Hukum Vol. 2 No. 3 (2021): Jurnal Preferensi Hukum
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (221.589 KB) | DOI: 10.22225/jph.2.3.4035.646-650

Abstract

Children are not only actively involved as beggars, but toddlers are also passively involved, where children under the age of two are carried in pathetic conditions to make other people feel sad and sorry, thus giving them money. This study aims to explain the qualifications of criminal acts of perpetrators who order children as beggars and examine criminal liability for perpetrators who commit acts of ordering children as beggars. This study used a normative legal research method with a problem and conceptual approach. Sources of data used were primary and secondary legal data. Data collection was done through a literature study by taking notes. The results of the study revealed that the act of begging is categorized as a violation of public order as regulated in Article 504 of the Criminal Code. Doing the act of ordering children as beggars can be classified as a crime and also as an act of violation. Everyone is prohibited from exploiting children in any form as regulated in Article 301 of the Criminal Code junto Article 76I and Article 88 of Law no. 35 of 2014 concerning Amendments to Law Number 23 of 2002 concerning Child Protection.
Pelaksanaan Pendaftaran Tanah Sistematis Lengkap di Desa Menanga, Kecamatan Rendang, Kabupaten Karangasem Nyoman Handytya Wiarsa Putra; Anak Agung Sagung Laksmi Dewi; Luh Putu Suryani
Jurnal Preferensi Hukum Vol. 2 No. 3 (2021): Jurnal Preferensi Hukum
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (277.397 KB) | DOI: 10.22225/jph.2.3.4036.651-657

Abstract

Complete systematic land registration is a program organized by the government, specifically the "Ministry of Agrarian Affairs and Spatial Planning or Head of the National Land Agency". with the aim of increasing the number of land registrations issuing certificates in Indonesia. This is very important, so it is hoped that the participation of the whole community in the importance of certificates and it is hoped that the National Land Agency will provide socialization about the importance of ownership of land rights. Its application is contained in the Regulation of the Minister of Agrarian Affairs and Spatial Planning or the Head of the National Land Agency of the Republic of Indonesia Number 6 of 2018 concerning Complete Systematic Land Registration. This study aimed to examine the process of implementing a complete systematic land registration and its obstacles and to examine the efforts to implement a complete systematic land registration in the village of Menanga, Rendang District, Karangasem Regency. The method used was empirical legal research. Sources of data used were primary and secondary legal data, then analyzed through interpretation and qualitative techniques. The results showed that the Implementation of Complete Systematic Land Registration in Menanga Village, Rendang District, Karangasem Regency was carried out to achieve legal certainty of land rights ownership. The implementation of this program has not been effective and has not been implemented optimally due to the low participation in the management of land certificates.
Sanksi Pidana Terhadap Pembuat Stiker Prnografi di Media Komunikasi Whatshap Putu Bagus Dio Adinatha; Anak Agung Sagung Laksmi; I Made Minggu Widyantara
Jurnal Preferensi Hukum Vol. 2 No. 3 (2021): Jurnal Preferensi Hukum
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (231.166 KB) | DOI: 10.22225/jph.2.3.4037.658-663

Abstract

The spread of pornographic content is not only spread through access to pages on the internet website but is spread through various platforms, one of which is communication media. Currently, the majority of people from various age groups and economies are very familiar with online communication media. This study aimed to examine the legal arrangements against pornographic sticker makers in WhatsApp communication media and examine criminal sanctions against pornographic sticker makers in WhatsApp communication media. This type of research used normative law with a Legislative and Conceptual approach. Sources of legal materials consisted of primary, secondary, and tertiary sources of legal materials. It could be obtained through an inventory or tracing technique of relevant legal materials and then classified or grouped and documented, recorded, quoted, summarized. The results of the study showed that the legal arrangements for making pornographic stickers on WhatsApp communication media are regulated in the ITE Law (Electronic Information and Transactions) Law No. 11 of 2008, the Criminal Code (KUHP), and the Pornography Law - Law No. 44 of 2008 which can ensnare the perpetrators of pornographic sticker makers on WhatsApp communication media. Criminal sanctions against pornographic sticker makers on WhatsApp communication media, any person who intentionally and without rights spreads information that aims to cause hatred or hostility to certain individuals and/or community groups based on ethnicity, religion, race, and intergroup (SARA), will be subject to criminal sanctions with a maximum imprisonment of six years or a maximum fine of Rp. 1 Billion.
Pelepasan Hak atas Tanah bagi Pembangunan untuk Kepentingan Umum PT. Bali Pecatu Graha (Studi Kasus Kerkara Nomor: 65k/pdt/2012/ma) Wayan Artana; Anak Agung Sagung Laksmi Dewi; Luh Putu Suryani
Jurnal Preferensi Hukum Vol. 2 No. 3 (2021): Jurnal Preferensi Hukum
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (240.621 KB) | DOI: 10.22225/jph.2.3.4038.664-670

Abstract

Currently, land conflicts that occur are generally caused by conflicts of interest with applicable laws and regulations and often inappropriate compensation. This study aimed to examine the legal arrangements for relinquishing land rights for development in the public interest in Indonesia which refers to Law Number 2 of 2012 and uncover legal protections for relinquishing land rights for development in the public interest of PT. Bali Pecatu Graha. The research method used was descriptive-analytical with a normative juridical approach and qualitative juridical analysis. The data used were primary and secondary legal data obtained through card system techniques. The results of the study indicated that the release of the land refers to Law no. 2 of 2012 and Law no. 5 of 1960. Legal protection for PT. Bali Pecatu Graha due to the act of relinquishing land rights must obtain legal certainty of relinquishment of land rights and requires the availability of written, complete and clear legal instruments that are carried out consistently in accordance with the spirit and content of the provisions so that personal interests get optimal legal protection
Penyelenggaraan Operasional Anggota Patroli Jalan Raya dalam Melaksanakan Tugas Pengawalan VVIP Maupun VIP di Wilayah Hukum Polda Bali Menurut Undang-undang Nomor 22 Tahun 2009 Berliana Indah Sari; Anak Agung Sagung Laksmi Dewi; I Made Minggu Widyantara
Jurnal Preferensi Hukum Vol. 2 No. 3 (2021): Jurnal Preferensi Hukum
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (172.174 KB) | DOI: 10.22225/jph.2.3.4039.671-676

Abstract

In the jurisdiction of the Bali Police, there are also VIP and VVIP escorts which are special escorts from the Police for working visits of government officials visiting the Unitary State of the Republic of Indonesia. In carrying out these mentoring activities, it must be in accordance with the established Standard Operating Procedure (SOP). This study aimed to examine the legal arrangements regarding the security of escorts carried out by Polri members on the way to their destination and reveal the sanctions received by Polri members in carrying out escorts that are not in accordance with Standard Operating Procedures. This study used a normative legal approach to problems and legislation. Sources of data used were primary data and secondary data obtained through reading and taking notes. Furthermore, the data were analyzed descriptively qualitatively. The results of the study indicated that the right to escort is also regulated in Law No. 22 of 2009 Article 134 concerning Road Traffic and Transportation. Sanctions received by Polri members who do not enforce discipline in escort are contained in Government Regulation of the Republic of Indonesia Number 2 of 2003 concerning Discipline of Polri Members or sanctions for violating the implementation of Polri's professional code of ethics as regulated in National Police Chief Regulation Number 14 of 2011 concerning Polri's Professional Code of Ethics.