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[Efektivitas Peran Pemerintah Daerah dalam Mencegah Terjadinya Pemutusan Hubungan Kerja pada Masa Pandemi Covid-19 di PT. Bali Maya Permai Kabupaten Jembrana ]]>
<![CDATA[Dewa Ketut Swanjaya Tirta]]>;
<![CDATA[I Nyoman Putu Budiartha]]>;
<![CDATA[Ida Ayu Putu Widiati]]>
<![CDATA[ Jurnal Preferensi Hukum Vol. 3 No. 1 (2022): Jurnal Preferensi Hukum ]]>
Publisher : <![CDATA[Warmadewa Press ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
Full PDF (154.972 KB)
|
DOI: 10.55637/jph.3.1.4591.1-6
<![CDATA[The existence of the Covid-19 Pandemic, in addition to taking many lives, also has a broad impact on the economy. Many companies experience bankruptcy and layoffs. Only companies that are quick to implement efficiency policies can survive and not give massive losses to the workforce. PT. Bali Maya Permai in this pandemic situation, resulted in employment problems. This study aims to examine the effectiveness of the implementation of industrial relations during the Covid-19 pandemic at PT. Bali Maya Permai and reveals the role of the Jembrana Regency Government in preventing layoffs during the Covid-19 pandemic at PT. Bali Maya Permai. This study is designed using empirical legal research with a sociological juridical approach. The data used are primary and secondary legal data obtained through interview techniques, observation and questionnaires, and archives. Furthermore, the data are analyzed qualitatively. The result of the study shows that industrial relations during the Covid-19 pandemic at PT. Bali Maya Permai is not completely running well because there are still labor problems. The preventive juridical and socio-economic steps taken by the Jembrana district government to prevent termination of employment were not entirely successful, because layoffs were still occurring. In this regard, it is recommended that employers respect the rights of workers so that industrial relations can run well and harmoniously.]]>
<![CDATA[Kajian Yuridis Mengenai Legalitas Cryptocurrency di Indonesia ]]>
<![CDATA[Ida Ayu Samhita Chanda Thistanti]]>;
<![CDATA[I Nyoman Gede Sugiartha]]>;
<![CDATA[I Wayan Arthanaya]]>
<![CDATA[ Jurnal Preferensi Hukum Vol. 3 No. 1 (2022): Jurnal Preferensi Hukum ]]>
Publisher : <![CDATA[Warmadewa Press ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
Full PDF (227.969 KB)
|
DOI: 10.22225/jph.3.1.4592.7-11
<![CDATA[Technological advances in the world are very helpful in payment systems that are safe, fast and confidential. Currently, it has also given birth to a rapidly growing currency, namely cryptocurrency, but Indonesia still does not have definite regulations regarding the use of cryptocurrencies. The purposes of this research are to examine the regulation of cryptocurrency legality based on the Indonesian Positive Law and to examine the legal sanctions in the event of a criminal use of cryptocurrency in Indonesia. The method used is normative legal research with a statutory approach. The legal materials used are primary and secondary legal materials that have authoritative properties. To obtain valid data in the field, the researcher uses library techniques, recording techniques, and combines it with normative legal research and makes a law that is both inductive and deductive. The data were analyzed by legal argumentation and descriptive analysis to obtain a systematic comprehensive picture. The results of the study reveal that the regulation of the legality of using cryptocurrencies in Indonesia is no longer referred to as “digital money”, but “commodities” regulated by the Commodity Futures Trading Regulatory Agency in CoFTRA rules No. 3 of 2019 and CoFTRA No. 5 of 2019. It is expected that policy holders will issue strict regulations and sanctions related to the use of crypto currency for crimes against the use of cryptocurrencies for the public and investors as users of Crypto Assets in Indonesia.]]>
<![CDATA[Peranan Intelijen Kejaksaan dalam Pengungkapan Kasus Tindak Pidana Korupsi ]]>
<![CDATA[I Made Dwi Narendra Dananjaya]]>;
<![CDATA[Anak Agung Sagung Laksmi Dewi]]>;
<![CDATA[I Made Minggu Widyantara]]>
<![CDATA[ Jurnal Preferensi Hukum Vol. 3 No. 1 (2022): Jurnal Preferensi Hukum ]]>
Publisher : <![CDATA[Warmadewa Press ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
Full PDF (214.844 KB)
|
DOI: 10.22225/jph.3.1.4593.12-16
<![CDATA[Corruption is a crime that is very detrimental to the community's economy which causes social inequality as a result of the corruption. Therefore, the role of the prosecutor's intelligence in disclosing corruption cases is very necessary to eradicate corruption in Indonesia. This study aims to examine the role of Buleleng State Prosecutor's Intelligence in disclosing corruption cases and uncover the obstacles faced by Buleleng State Prosecutor's Intelligence in disclosing corruption cases. The type of research used is empirical legal research with a statutory approach, carried out by analyzing an applicable regulation whether it is effective in the field. Sources of data used are primary and secondary data, and data collected by interview and observation techniques. Furthermore, it is processed qualitatively descriptively. The results of the study indicate that the role of the prosecutor's intelligence in corruption cases has several obstacles in its performance to eliminate corruption in Indonesia due to several factors that occur in the field of course this is detrimental to the community and also related agencies.]]>
<![CDATA[Tinjauan Yuridis Terhadap Upacara Ngaben (Pitra Yadnya) di Masa Pandemi Covid-19 dan Pelaksanaan Pemberlakuan Pembatasan Kegiatan Masyarakat (PPKM) di Provinsi Bali ]]>
<![CDATA[Ni Kadek Madya Yani]]>;
<![CDATA[I Nyoman Gede Sugiartha]]>;
<![CDATA[Diah Gayatri Sudibya]]>
<![CDATA[ Jurnal Preferensi Hukum Vol. 3 No. 1 (2022): Jurnal Preferensi Hukum ]]>
Publisher : <![CDATA[Warmadewa Press ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
Full PDF (166.704 KB)
|
DOI: 10.55637/jph.3.1.4594.17-21
<![CDATA[PPKM has been the policy of the Government of Indonesia to combat the Covid-19 pandemic since the beginning of 2021. PPKM has a great influence in the Ngaben ceremony. Ngaben is a ceremony to purify spirits and smelting corpses by burning the bodies of people who have died. This study aims to examine the legal regulation of PPKM in relation to the Ngaben ceremony in Bali and to uncover legal sanctions against people who violate PPKM during the Ngaben ceremony in Bali. This research is designed with normative legal research with legislation approach and case approach. Sources of data used are primary and secondary data obtained through library research techniques. After the data is collected, it is then processed and analyzed descriptively qualitatively. The results of the study show that there are legal arrangements and sanctions for PPKM violators in relation to the Ngaben ceremony, namely the Instruction of the Minister of Home Affairs Number 35 of 2021 and the Governor's Circular Letter Number 12 of 2021.]]>
<![CDATA[Perlindungan Hukum terhadap Konsumen Akibat Kerugian yang Ditimbulkan oleh Pelaku Usaha Toko Online di facebook ]]>
<![CDATA[I Putu Yogi Saputra]]>;
<![CDATA[I Nyoman Putu Budiartha]]>;
<![CDATA[Ni Made Puspasutari Ujianti]]>
<![CDATA[ Jurnal Preferensi Hukum Vol. 3 No. 1 (2022): Jurnal Preferensi Hukum ]]>
Publisher : <![CDATA[Warmadewa Press ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
Full PDF (168.519 KB)
|
DOI: 10.22225/jph.3.1.4618.26-30
<![CDATA[E-commerce is an activity of buying and selling through internet media. The existence of legal protection for consumers in buying and selling transactions electronically is very important as a guarantee between business actors and consumers in transactions on digital platforms, especially the Facebook marketplace. This study aims to examine the regulation of online buying and selling transactions and examine the legal protection for consumers due to losses in online buying and selling transactions on Facebook. This study was designed using a normative legal research method with a statutory approach. There are two sources of data used, namely primary and secondary data. The data is obtained through the technique of inventorying or tracing legal materials and then classified, documented, recorded, quoted with a qualitative approach. The results show that e-commerce buying and selling transactions are generally regulated in Law Number 11 of 2008 concerning amendments to Law Number 19 of 2016 concerning Information and Electronic Transactions or abbreviated as ITE, especially Article 28 paragraph (1) of the ITE Law. , and Law No. 8/1999 on consumer protection. In legal protection for consumers due to losses in online buying and selling transactions on Facebook, it can be categorized into two, namely preventive and repressive legal protection. Preventive legal protection is legal protection for the community which aims to prevent problems or disputes from occurring. Meanwhile, repressive legal protection is a form of legal protection which is more aimed at resolving disputes]]>
<![CDATA[Tindak Pidana Pembunuhan oleh Ibu Terhadap Anak Kandung (Studi Putusan No. 80/Pid.Sus/2018/PN Gianyar) ]]>
<![CDATA[Ida Ayu Made Wahyuni Dewi]]>;
<![CDATA[I Nyoman Gede Sugiartha]]>;
<![CDATA[Ni Made Sukaryati Karma]]>
<![CDATA[ Jurnal Preferensi Hukum Vol. 3 No. 1 (2022): Jurnal Preferensi Hukum ]]>
Publisher : <![CDATA[Warmadewa Press ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
Full PDF (159.79 KB)
|
DOI: 10.22225/jph.3.1.4619.22-25
<![CDATA[The crime of murder is an act against the law that has the aim of taking a person's life, children can also become victims. This study aims to examine the regulation of the crime of murder by a mother against her biological child in Decision No. 80/Pid.Sus/2018/PN Gin and examine the judge's considerations in making a decision against the perpetrator of the crime of murder by the mother of her biological child in decision No. 80/Pid.Sus/2018/PN Gin. This research is designed with a normative research approach to legislation and a case approach. The data sources used are primary and secondary legal data obtained from several related sources using field observation and documentation techniques, then the data is processed and analyzed qualitatively descriptively. The results show that the regulation of the crime of murder by a mother against her child is regulated in Article 80 paragraph (3), (4) of Law No. 35 of 2014 Amendment to Law No. 23 of 2002 on Child Protection regarding violence against children that causes death. The judge's consideration in making the decision No. 80/Pid.Sus/2018/PN Gin, the judge considered the legal facts obtained from the defendant, witnesses and evidence.]]>
<![CDATA[Pelaksanaan Ketentuan Penggunaan Tenaga Kerja Asing pada Hotel Area Sanur di Kota Denpasar ]]>
<![CDATA[Ni Wayan Regina Novyanti]]>;
<![CDATA[Anak Agung Sagung Laksmi Dewi]]>;
<![CDATA[Luh Putu Suryani]]>
<![CDATA[ Jurnal Preferensi Hukum Vol. 3 No. 1 (2022): Jurnal Preferensi Hukum ]]>
Publisher : <![CDATA[Warmadewa Press ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
Full PDF (169.481 KB)
|
DOI: 10.22225/jph.3.1.4620.31-36
<![CDATA[Based on observations at the hotel in the Sanur area, there were several foreign workers working at the hotel before the permit was approved. This study aims to examine the implementation of the provisions on the use of foreign workers and examine the obstacles in implementing the provisions on the use of foreign workers at hotels in the Sanur area. This research method is empirical legal research with a statutory approach. There are two sources of data used, namely primary and secondary legal materials. To obtain valid data, the researchers used observation and interview techniques. Research data that has been collected, processed and analyzed qualitatively descriptive. The results show that special requirements such as foreign workers must have specific skills, companies that guarantee foreign workers must have a permit to employ foreign workers and foreign workers must meet immigration requirements such as passports, visas and KITAS. The use of foreign workers in hotels in the Sanur area of Denpasar City is quite good, but there are obstacles in implementing the provisions for the use of foreign workers in hotels in the Sanur area when foreign workers are needed urgently so that they take a shortcut by extending a Visit Visa when the work visa has expired. The suggestion is that companies in Indonesia should prioritize competent local workers and follow the rules regarding the use of foreign workers.]]>
<![CDATA[Status Hukum Harta Perkawinan Jika Terjadi Kepailitan Suami/Istri Tanpa Adanya Perjanjian Kawin ]]>
<![CDATA[Putu Indri Sri Giyanthi]]>;
<![CDATA[I Nyoman Putu Budiartha]]>;
<![CDATA[Ni Made Puspasutari Ujianti]]>
<![CDATA[ Jurnal Preferensi Hukum Vol. 3 No. 1 (2022): Jurnal Preferensi Hukum ]]>
Publisher : <![CDATA[Warmadewa Press ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
Full PDF (164.356 KB)
|
DOI: 10.22225/jph.3.1.4621.37-41
<![CDATA[Marriage is carried out by a male and female couple to continue their offspring. In marriage, if the husband and wife do not make a marriage agreement, it will have an impact on the marital property, especially if one of the parties is declared bankrupt. This study reviews the legal arrangements for marital property in Indonesia and reveal the legal consequences of marital property in the event of husband/wife bankruptcy without a marriage agreement. This research uses a normative method with a Legislative approach. Law is the object of research. The legal sources used are primary and secondary legal data. Furthermore, the research results are described qualitatively. The results showed that the legal regulation of marital property is regulated in Article 35 of the Marriage Law Number 1 of 1974 Jo. Law Number 16 of 2019 which regulates joint assets and inherited assets, and also in Article 119 of the Civil Code which regulates the unity of assets. The legal consequences of marital property if one of the parties goes bankrupt in the event that the marriage requires a union of assets will result in joint bankruptcy of husband and wife in accordance with the provisions of Article 64 paragraph (1) of Law Number 37 of 2004 concerning Bankruptcy and Postponement of Debt Payment Obligations.]]>
<![CDATA[Flash Sale Sebagai Indikasi Predatory Pricing pada Aplikasi E-Commerce Perspektif Hukum Persaingan Usaha ]]>
<![CDATA[Komang Kory Jayani]]>;
<![CDATA[I Nyoman Putu Budiartha]]>;
<![CDATA[Ni Made Puspasutari Ujianti]]>
<![CDATA[ Jurnal Preferensi Hukum Vol. 3 No. 1 (2022): Jurnal Preferensi Hukum ]]>
Publisher : <![CDATA[Warmadewa Press ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
Full PDF (174.452 KB)
|
DOI: 10.22225/jph.3.1.4622.42-47
<![CDATA[E-commerce services are currently implementing flash sale promos which are one of the marketing strategies by issuing discounts or discounts at certain times even reaching the price of nine hundred and ninety-nine rupiahs. This is an indication of Predatory Pricing which is prohibited in business competition law. This study aims to examine the setting of flash sales on E-commerce applications which are indicated as Predatory Pricing, and reveal law enforcement on Predatory Pricing actors who carry out flash sales on E-commerce applications. In this study using a normative research method with a Legislative approach. The legal materials used are primary and secondary legal materials. Library data collection techniques or library research related to flash sales practices as an indication of Predatory Pricing in E-commerce applications. The results of the study indicate that the provisions of Article 20 of Law Number 5 of 1999, that Predatory Pricing is not necessarily prohibited, but it must be proven that predatory pricing will result in unfair business competition, from this it can be seen that not all selling and loss activities is an unlawful act. The flash sale promo that is carried out by one of these E-commerce is not classified as Predatory Pricing, because it does not meet the requirements and elements of the act described in Law Number 5 of 1999 concerning unfair business competition]]>
<![CDATA[Pelaksanaan Restrukturisasi Kredit Dampak Pandemi Covid-19 (Studi BPR Kanti Batubulan) ]]>
<![CDATA[I Made Krisnan Wijaya Putra]]>;
<![CDATA[I Nyoman Putu Budiartha]]>;
<![CDATA[Desak Gde Dwi Arini]]>
<![CDATA[ Jurnal Preferensi Hukum Vol. 3 No. 1 (2022): Jurnal Preferensi Hukum ]]>
Publisher : <![CDATA[Warmadewa Press ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
Full PDF (162.413 KB)
|
DOI: 10.22225/jph.3.1.4623.48-53
<![CDATA[The provision of credit provides many opportunities for job creation, because credit has provided an opportunity for the community to develop a business that is offered. In the current state of the covid-19 pandemic, in banking, many loans are categorized as credit due to the impact of the covid-19 pandemic. This is due to the widespread decline in the ability to pay debtors to banks, from the decline or inability of debtors to pay. The purposes of this study are to reveal the application of credit restructuring due to the COVID-19 pandemic at BPR Kanti Batubulan and the legal consequences of implementing credit restructuring due to the COVID-19 pandemic at BPR Kanti Batubulan. The method used in this research is empirical legal research with a conceptual and sociological case approach. Data collection techniques were carried out by observation and interviews. The sources of legal materials used are secondary and primary legal sources which are presented qualitatively. The results of this study show that the level of effectiveness of Credit Restructuring due to the COVID-19 pandemic at BPR Kanti Batubulan is quite effective, this is evidenced by a decrease in the number of credit restructurings impacted by the COVID-19 pandemic from 2020 to 2021.]]>
