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[Tanggung Jawab Pelaku Usaha terhadap Harga Eceran Obat yang Dijual Kepada Konsumen Melebihi Harga Standar ]]>
<![CDATA[I Kadek Bayu Antara]]>;
<![CDATA[I Nyoman Gede Sugiartha]]>;
<![CDATA[Desak Gde Dwi Arini]]>
<![CDATA[ Jurnal Preferensi Hukum Vol. 3 No. 1 (2022): Jurnal Preferensi Hukum ]]>
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DOI: 10.22225/jph.3.1.4624.54-59
<![CDATA[Setting a standard retail price on drug packaging is something that must be done for every drug maker, if the product packaging does not state the standard retail price or when buying and selling takes place does not heed the contents of the relevant law, the government will carry out guidance and supervision of drug maker or seller. The purposes of this study are to reveal the protection of drug consumers who consume drugs whose prices exceed the standard retail price and the responsibility of business actors to the retail prices of drugs sold to consumers that exceed the standard price. This type of research uses a normative legal research type with a case and legislation approach. The sources of legal materials used by the author are primary and secondary legal materials with inventory collection techniques presented in qualitative form. The results of the study reveal that legal protection for consumers against the retail price of drugs sold to consumers exceeds the standard price is divided into two, namely preventive legal protection and repressive legal protection. The responsibility of the drug seller who exceeds the standard retail price is to provide compensation, either in the form of a refund for the purchase of drugs, giving exchange for drugs that have the same use which is equivalent in price. The provision of compensation must be carried out for a maximum of 7 (seven) which starts from the time the sale and purchase agreement occurs.]]>
<![CDATA[Pertanggungjawaban Tindak Pidana Pencurian yang Dilakukan oleh Seorang Kleptomania ]]>
<![CDATA[Komang Sutriani]]>;
<![CDATA[Ida Ayu Putu Widiati]]>;
<![CDATA[Ni Made Sukaryati Karma]]>
<![CDATA[ Jurnal Preferensi Hukum Vol. 3 No. 1 (2022): Jurnal Preferensi Hukum ]]>
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DOI: 10.22225/jph.3.1.4626.68-72
<![CDATA[Kleptomania is a condition in which an individual has control problems within himself to take. The mindset here is not only crazy people who are annoyed with reason and mind but also various psychological diseases. There are several cases of frequent thefts caused by kleptomaniac sufferers and in this case a research objectives are formulated, namely regulating the crime of theft committed by a kleptomaniac and criminal liability for the crime of theft committed by a kleptomaniac. This research is a normative legal research with a case and legislation approach. The technique of collecting legal materials that the author uses in this research is a literature study. Sources of legal materials used are primary and secondary legal sources. The legal material analysis technique used is descriptive technique. The findings of this study reveal that cases like this have been regulated in Article 44 paragraph (1) of the Criminal Code. The results from the assessment of the perpetrator at a specialist doctor can be used as legal evidence, to be considered by the judge in determining whether the perpetrator is then placed in a mental health polyclinic or not. in recovery.]]>
<![CDATA[Efektivitas Penerapan Asas Itikad Baik pada Transaksi Jual Beli Hasil Bumi di Desa Sidetapa Kabupaten Buleleng ]]>
<![CDATA[Putu Linda Juli Swandewi]]>;
<![CDATA[I Nyoman Budiartha]]>;
<![CDATA[Ni Made Puspasutari Ujianti]]>
<![CDATA[ Jurnal Preferensi Hukum Vol. 3 No. 1 (2022): Jurnal Preferensi Hukum ]]>
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DOI: 10.22225/jph.3.1.4627.73-77
<![CDATA[The village of Sidetapa uses an oral agreement system in selling its produce which is only based on good faith. The factor that causes people to still use oral agreements is the low level of education and habits so that it can cause problems that will occur in the future due to the absence of a written agreement. The purposes of this study are to determine the application of the principle of good faith in the sale and purchase of agricultural products in Sidetapa Village, Buleleng Regency as well as legal liability for default in the sale and purchase transactions of agricultural products that are not in good faith. The research method in this is an empirical research method with a sociological approach. The data sources used are primary and secondary legal sources. Data collection techniques were carried out by observation, interviews and literature study which were then presented in qualitative form. The results of the study reveal that every agreement must be based on good faith as in the sale and purchase agreement of agricultural products in Sidetapa Village. This agreement system is effective because it is quite simple and easy to implement. This verbal agreement does not rule out the possibility that someone does not default, if there is a default in buying and selling in the village of Sidetapa, the settlement is in a familial way.]]>
<![CDATA[Kebijakan Tata Kelola Limbah Rumah Tangga, dalam Rangka Pencegahan Pencemaran Lingkungan (Studi Kasus di Lingkungan Kelurahan Pedungan Kecamatan Denpasar Selatan Kota Denpasar) ]]>
<![CDATA[Pande Nyoman Jaya Budiarta]]>;
<![CDATA[. I Nyoman Putu Budiartha]]>;
<![CDATA[I Nyoman Gede Sugiartha]]>
<![CDATA[ Jurnal Preferensi Hukum Vol. 3 No. 1 (2022): Jurnal Preferensi Hukum ]]>
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DOI: 10.22225/jph.3.1.4628.78-83
<![CDATA[The increase in the total population is in line with the increase in the total waste created. Garbage is the main problem observed through the development of the total population, so that policies are needed to overcome this, one of which is the policy of managing household waste. The purposes of this study are to reveal the policy of the Head of Pedungan Village in managing household waste in Pedungan Village and the application of Denpasar Mayor Regulation No. 11 of 2016 concerning procedures for processing and disposing of waste in Denpasar City, especially in Pedungan Village. The method in this research is empirical law which approaches facts, cases, as well as sociological, conceptual and statutory approaches. The technique of collecting legal materials is obtained directly through respondents through interviews. Sources of legal materials used are primary and secondary, then analyzed descriptively qualitatively. The findings indicate that in the Denpasar City area, especially in the Pedungan Village area, it has been implemented related to managing household waste that prevents environmental pollution through the issuance of policies related to the Decree of the Head of the Pedungan Village Number: 660/04/I/2019 concerning the Management Structure of the Asri Waste Bank in the Kelurahan. shelter. The implementation of this policy needs to be improved because public knowledge and awareness is still low on household waste management]]>
<![CDATA[Pelaksanaan Perlindungan Terhadap Pekerja Anak Pada Usaha Asongan di Pasar Senggol Tabanan ]]>
<![CDATA[Ni Luh Putu Yosi Pratiwi]]>;
<![CDATA[Anak Agung Sagung Laksmi Dewi]]>;
<![CDATA[Ni Made Sukaryati Karma]]>
<![CDATA[ Jurnal Preferensi Hukum Vol. 3 No. 1 (2022): Jurnal Preferensi Hukum ]]>
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DOI: 10.22225/jph.3.1.4659.84-89
<![CDATA[Legal protection for children carried out in the Sengol market is based on the presence of children who work to meet the economic needs of the family which is quite difficult or because of other factors. A legal protection is the right for everyone, including children who have done work due to certain factors. However, at present the protection of child labor does not receive effective attention. Based on these problems, the purposes of this study are to reveal the implementation of legal protection for child labor in the hawker business in the Senggol Tabanan market and the inhibiting factors for the implementation of the legal protection for child labor in the hawker business in the Senggol Tabanan market. This research method is an empirical legal research with a case and legislation approach. Data collection techniques were carried out by observation and library techniques. The data sources used are primary and secondary legal sources which are then analyzed qualitatively and then the data is presented descriptively and systematically. The findings reveal that the legal protection intended for child labor in the Senggol Tabanan market is not effective in its implementation due to economic factors that are the reason the child has to work, as well as weak coordination and poor cooperation between related parties such as entrepreneurs, people parents, society, government, as well as internal factors that hinder the legal protection of child labor originating from child labor itself and external factors originating from structural, substance, and cultural factors.]]>
<![CDATA[Implementasi Kebijakan Pelayanan Publik dalam Penerbitan Kartu Identitas Anak di Kabupaten Badung ]]>
<![CDATA[I Gede Prana Prabangkara]]>;
<![CDATA[Ketut Kasta Arya Wijaya]]>;
<![CDATA[Luh Putu Suryani]]>
<![CDATA[ Jurnal Preferensi Hukum Vol. 3 No. 1 (2022): Jurnal Preferensi Hukum ]]>
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DOI: 10.22225/jph.3.1.4660.90-96
<![CDATA[Child Identity Card (KIA) is considered important considering that until now there is no identity card for children, even though the child already has a birth certificate and or of course has a student card. This has prompted the government to create programs related to Child Identity. The purposes of this study are to examine the regulation of the issuance of child identity cards in Badung Regency and the inhibiting factors of public service for children's identity cards in Badung Regency. The type of research used is empirical legal research with a case and statutory approach. Sources of data in this study are primary and secondary data. Data collection techniques were carried out by interviews and documentation techniques. After the legal materials are collected, they are processed and analyzed qualitatively. The findings reveal that the regulation on the issuance of Child Identity Cards in Badung Regency is carried out at the Population and Civil Registry Office (Dispendukcapil) of Badung Regency based on Law Number 25 of 2009 concerning Public Services. The inhibiting factors for the Child Identity Card (KIA) service in Badung Regency are the disposition and organizational structure as well as the facilities and infrastructure owned]]>
<![CDATA[Pertanggungjawaban Pidana Kekerasan dengan Memaksa Orang untuk Melakukan Perbuatan Pencabulan ]]>
<![CDATA[Ni Kadek Widya Widiani]]>;
<![CDATA[I Made Minggu Widyantara]]>;
<![CDATA[Ni Made Sukaryati Karma]]>
<![CDATA[ Jurnal Preferensi Hukum Vol. 3 No. 1 (2022): Jurnal Preferensi Hukum ]]>
Publisher : <![CDATA[Warmadewa Press ]]>
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DOI: 10.22225/jph.3.1.4661.97-102
<![CDATA[Crime cases against crimes of harassment are always present in human life and attract the attention of the Sgeneral public. Crimes that are not dignified and violate the rules of norms are often used as topics in the mass media that make people worry about these cases, so that legal protection is needed for the community, especially victims related to cases of sexual harassment. The purposes of this study are to examine the regulation of criminal acts of violence by forcing people to commit acts of obscenity and criminal sanctions of violence by forcing people to commit acts of obscenity. This research is a normative legal research with a case and legislation approach. Data collection techniques were carried out by researching library materials. Legal sources are primary and secondary legal sources which are then analyzed systematically. The results of the study reveal that the regulation of criminal acts of violence by forcing people to commit acts of obscenity and criminal sanctions of violence by forcing people to commit acts of obscenity are regulated in Articles 289 to 296 of the Criminal Code.]]>
<![CDATA[Perlindungan Hukum Terhadap Pekerja Akibat Pelanggaran Pemberian Tunjangan Hari Raya Keagamaan pada Masa Pandemi Covid-19 ]]>
<![CDATA[Ida Ayu Vera Wirya Paramita]]>;
<![CDATA[Anak Agung Sagung Laksmi Dewi]]>;
<![CDATA[Luh Putu Suryani]]>
<![CDATA[ Jurnal Preferensi Hukum Vol. 3 No. 1 (2022): Jurnal Preferensi Hukum ]]>
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DOI: 10.22225/jph.3.1.4662.103-107
<![CDATA[Currently, various countries around the world are busy with activities to combat the transmission of the Covid-19 virus pandemic, especially in Indonesia, several companies engaged in industry and tourism in Indonesia in terms of providing holiday allowances (THR) are currently considered very burdensome for companies and businesses. implementation is still far from expectations. The purposes of this study are to examine the legal arrangements for the provision of religious holiday allowances to workers during the Covid-19 pandemic and legal protection for workers due to violations of the provision of religious holiday allowances during the Covid-19 pandemic. This research is a normative legal research with a conceptual approach and legislation. The technique of collecting legal materials is done by using library techniques. Sources of legal materials used in the form of primary and secondary legal sources. The data analysis technique was carried out qualitatively and presented in descriptive form. The results of the study reveal that legal arrangements regarding the provision of religious holiday allowances for workers in companies during the Covid-19 pandemic are regulated in Article 2 of the Regulation of the Minister of Manpower No. 6 of 2016 and strengthened implementing regulations through the Minister of Manpower Decree No. M/6/HK.04/IV/2021 2021 that the provision of religious holiday allowances to workers in the Covid-19 situation will continue to be carried out.]]>
<![CDATA[Penghapusan Kekerasan Seksual malam Melindungi Korban Pelecehan Seksual Secara Verbal (Catcalling) di Indonesia ]]>
<![CDATA[Anak Agung Ayu Wulan Pramesti Puja Dewi]]>;
<![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 ]]>
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DOI: 10.22225/jph.3.1.4663.108-114
<![CDATA[Catcalling is a type of verbal sexual harassment in public spaces that often occurs without the victim realizing it. The lack of clarity on the legal basis for handling catcalling in the settlement of cases has resulted in victims being afraid to report to the authorities. The purposes of this study are to analyze the legal regulation of sexual violence in protecting victims of verbal sexual harassment in Indonesia and the form of eliminating sexual violence in protecting victims of verbal sexual harassment (catcalling). This research method is normative legal research with a statutory approach, a conceptual approach, and a case approach. The technique of collecting legal materials used in this paper is through documentation study techniques. The sources of law used are primary, secondary, and tertiary sources of law. After the data is collected, then it is analyzed systematically. The results of the study reveal that there is no statutory regulation that explicitly regulates catcalling. However, catcalling can be classified as a criminal act because it has fulfilled the elements, principles of criminal law, and the values contained in Article 218 of the Criminal Code and Article 9 in conjunction with Article 35 of Law Number 44 of 2008 concerning pornography. The form of eliminating sexual violence in protecting victims of catcalling requires a special legal policy that contains the formulation of morals, basic values and theories that are correlated with legal policies.]]>
