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[Pelaksanaan Pemenuhan Program Badan Penyelenggara Jaminan Sosial Ketenagakerjaan Terhadap Pekerja (Studi Pada Bali Safari and Marine Park) ]]>
<![CDATA[I Dewa Gede Dwipayana Putra]]>;
<![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 ]]>
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DOI: 10.22225/jph.3.1.4664.115-119
<![CDATA[The role of workers is very important for the development of the national economy, therefore the higher the challenges and risks that will be faced by the workers so that all need to be given protection, maintenance, and improvement of welfare for workers who become basic protectors with the aim of meeting the needs of life for workers. The purposes of this study are to analyze the implementation of the agency's program for administering employment social security for workers in Bali Safari and Marine Park as well as the obstacles and efforts made by Bali Safari and Marine Park workers in implementing the program of the agency for administering labor social security. This research method is an empirical research with a case and conceptual approach. The data collection technique was carried out by observation techniques in the form of interviews. The data sources used are primary and secondary legal sources. After the data is collected, it is then analyzed qualitatively. The results of the study revealed that the protection of workers was not appropriate in fulfilling the Organization for Employment Social Security at the Bali Safari and Marine Park company as stipulated in Law no. 40 of 2004 concerning Social Security, because not all workers are registered in the program of the Social Security Administering Body. The obstacles faced by workers are related to the working period which is only 1 to 3 months, especially for casual daily workers, and extensions will not necessarily be carried out, because there are already permanent and contract workers in their respective fields.]]>
<![CDATA[Kajian Yuridis Tindak Pidana Pemalsuan Surat Secara Bersama-Sama (Studi Kasus Putusan Pengadilan Negeri Jakarta Timur Nomor 305/Pid.B/2021/PN Jkt.Timur ) ]]>
<![CDATA[I Gede Eka Suantara]]>;
<![CDATA[I Nyoman Gede Sugiartha]]>;
<![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.3.1.4665.120-125
<![CDATA[Indonesia is a legal state in which all aspects are regulated by applicable law to determine the obligations, rights and obligations in monitoring one's own and social desires. One of the problems in the application of the law that often occurs in events in the community environment is the crime of criminal cases, namely forgery of letters so that there is a criminal act of counterfeiting letters which is formed to provide legal protection. together or participation. The purposes of this study are to analyze the form of criminal sanctions jointly in committing the crime of forgery of letters and the legal considerations given by the panel of judges in imposing punishment on the perpetrators of the crime of forging letters which are carried out together. This research method uses a normative legal method with a statutory approach and a conceptual approach. The data collection technique was carried out using library techniques. The sources of law used are primary and secondary sources of law. The data analysis technique was carried out qualitatively. The findings show that the joint form of criminal sanctions in carrying out the criminal act of forging letters together can be imposed as described in Article 263 paragraph (1) of the Criminal Code regarding the crime of forging letters, threatened with imprisonment for a maximum of six years. Then in Article 55 paragraph (1) 1 of the Criminal Code regarding participation.]]>
<![CDATA[Perlindungan Hukum Bagi Konsumen Nasabah BANK Pemegang Kartu Kredit yang Dibebankan Biaya Tambahan (Surcharge) oleh Merchant dalam Transaksi Pembayaran ]]>
<![CDATA[Ni Putu Dyah Ayu Karina Prabandari]]>;
<![CDATA[I Nyoman Putu Budiartha]]>;
<![CDATA[Anak Agung Sagung Laksmi Dewi]]>
<![CDATA[ Jurnal Preferensi Hukum Vol. 3 No. 1 (2022): Jurnal Preferensi Hukum ]]>
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DOI: 10.22225/jph.3.1.4671.126-131
<![CDATA[The development of technology and information makes credit cards in demand by the public. However, consumer protection has not been able to fully guarantee legal protection for consumers, especially for bank customers who hold credit cards. The purposes of this study are to reveal the legal protection arrangements for consumer bank customers who are credit card holders who are charged an additional fee (surcharge) by merchants in payment transactions as well as sanctions against merchants who charge additional fees (surcharge) for consumer bank customers who are credit card holders in payment transactions. This research method is a normative research with a statutory and conceptual approach. The technique of collecting legal materials is done by using library techniques. The sources of legal materials used are primary, secondary, and tertiary legal sources. After the data is collected, then the legal materials are analyzed qualitatively. The results of the study reveal that legal protection for credit card holders is categorized into 3 (three) stages, namely before the transaction, during the transaction, and after the transaction. It is hoped that the government will coordinate with the competent authorities. Bank Indonesia and the Financial Services Authority (OJK) should be able to make stricter regulations regarding the protection of credit card holders]]>
<![CDATA[Implementasi Perizinan Usaha Simpan Pinjam Koperasi Pasca Peraturan Menteri Koperasi dan Usaha Kecil Menengah Nomor 11 Tahun 2018 (Studi kasus di Kecamatan Blahbatuh Kabupaten Gianyar) ]]>
<![CDATA[I Gusti Agung Ngurah Anom Deva]]>;
<![CDATA[I Nyoman Putu 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.3.1.4672.132-137
<![CDATA[Cooperatives are legal entities that run businesses based on the principle of kinship. In running a cooperative business, it must have a business license that functions as business legality and as a legal base in implementing it. The purposes of this study are to analyze the completeness of the requirements for a savings and loan business license for cooperatives in Blahbatuh sub-district, Gianyar Regency and the effectiveness of implementing savings and loan business permits for cooperatives in Blahbatuh sub-district, Gianyar Regency. This research method is an empirical legal research method with a sociological approach. Data collection techniques were carried out by interviewing respondents in the field. The sources of law used are primary and secondary sources of law. After the data was collected, it was then analyzed using descriptive data analysis techniques. The findings reveal that the Regulation of the Minister of Cooperatives and Small and Medium Enterprises of the Republic of Indonesia Number 11 of 2018 concerning Cooperative Savings and Loans Business Licensing. Based on the requirements for the completeness of a business license in carrying out a savings and loan activity in Blahbatuh District, Gianyar Regency, there are 44 cooperatives that already have a savings and loan business license and 79 cooperatives that do not have a savings and loan business license, there are factors that influence cooperatives in having a savings and loan business license, namely internal factors and external factors.]]>
<![CDATA[Kriminalisasi Terhadap Kejahatan Carding Sebagai Bentuk Cyber Crime dalam Hukum Pidana Indonesia ]]>
<![CDATA[I Gede Krisna Ginara]]>;
<![CDATA[I Made Minggu Widyantara]]>;
<![CDATA[Ni Komang Arini Styawati]]>
<![CDATA[ Jurnal Preferensi Hukum Vol. 3 No. 1 (2022): Jurnal Preferensi Hukum ]]>
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DOI: 10.22225/jph.3.1.4673.138-142
<![CDATA[Criminalization is an action that was not initially considered a criminal event, then classified as a criminal event for the community. In the era of globalization as now, there are so many cyber crimes that have arisen in Indonesia, cyber crime is an illegal act committed by criminals by utilizing technology and computer network information systems. One thing that happened in Indonesia and is relatively common in society is the crime of carding in the form of evil deeds in using internet technology as a tool in illegally opening a system on a website to obtain credit card information owned by customers. The purposes of this study are to reveal the criminalization of carding crimes in Indonesian criminal law and efforts to overcome carding crimes. This type of research uses a normative legal research type with a statutory and conceptual approach. The data collection technique was carried out using library techniques. The sources of law used are primary, secondary, and tertiary laws. After the data was collected, it was then analyzed qualitatively and presented in a descriptive form. The results of the study reveal that the crime of carding is regulated in Law number 19 of 2016 concerning Amendments to Law number 11 of 2008 concerning Information and Electronic Transactions, and is also formulated in Articles 362, 363 and 378 of the Criminal Code, namely regarding theft and fraud. As for the legal efforts that can be done to prevent carding crimes, they can use repressive and preventive measures.]]>
<![CDATA[Perlindungan Hukum atas Kebocoran Data Pribadi Konsumen pada Perdagangan Elektronik Lokapasar (Marketplace) ]]>
<![CDATA[Kadek Dio Ramadi Natha]]>;
<![CDATA[Nyoman Putu Budiartha]]>;
<![CDATA[Ni Gusti Ketut Sri Astiti]]>
<![CDATA[ Jurnal Preferensi Hukum Vol. 3 No. 1 (2022): Jurnal Preferensi Hukum ]]>
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DOI: 10.55637/jph.3.1.4674.143-148
<![CDATA[A growing global economy supported by technological advances has resulted in the birth of a new market, namely a place for electronic commerce known as a marketplace. Marketplace as an intermediary that facilitates interaction between sellers and buyers, including supporting transaction activities. Marketplace users are required to have an account containing personal data. Advances in technology are now raising new problems, such as related to personal data security. The purposes of this study are to find out the legal protection against the leakage of consumer personal data related to electronic commerce based on the rules of law in Indonesia and the resolution of disputes over the case of leakage of consumer personal data in electronic trading of marketplace users. This study uses a normative research type with a case, legislation, and conceptual approach. Data collection techniques were carried out using documentation techniques and library techniques. Sources of legal materials used in the form of primary and secondary legal sources. The analysis technique is done by interpretation and qualitative. The findings reveal that legal protection for personal data leakage is still weak because it does not yet have a legal umbrella specifically regulating it, but in the case of consumer data leakage in electronic commerce there are several existing laws and regulations that are used as a reference to resolve disputes over cases of leakage of user's personal data.]]>
<![CDATA[Sanksi Pidana Terhadap Pembuat Stiker Whatsapp yang Menyerang Personal Seseorang ]]>
<![CDATA[Gede Oka Swarbhawa]]>;
<![CDATA[Anak Agung Sagung Laksmi Dewi]]>;
<![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.3.1.4675.149-154
<![CDATA[The internet is something that is very much needed by the community, which has a positive and negative impact on its users. The negative impact that can be felt now is the rise of crime on social media such as insults. Insults through WhatsApp communication media generally attack a person's good name or honor which is carried out through sticker media. The purposes of this study are to reveal the legal arrangements against WhatsApp sticker makers who attack someone's personal and criminal sanctions against WhatsApp sticker makers who attack someone's personal. This type of research is normative legal research with a case and legislation approach. The data collection technique was carried out using library techniques by collecting primary and secondary sources of legal material. After the data is collected, then the data is analyzed qualitatively and presented in descriptive form. The results of the study reveal that the government provides legal arrangements for WhatsApp sticker makers who attack someone's personal, where the government has regulated and provided protection against insults in electronic media, especially WhatsApp communication media, namely in articles 310 and 315 of the Criminal Code and in Law Number 11 of 2008 regarding Electronic Transaction Information. Criminal sanctions against WhatsApp sticker makers who attack a person's personality are regulated in Article 45 paragraph (1) which is punishable by a maximum imprisonment of 6 (six) years and/or a maximum fine of Rp. 1.000.000.000,00 (one billion rupiah).]]>
<![CDATA[Kajian Yuridis Terhadap Perubahan Nama pada Seseorang di Kabupaten Badung ]]>
<![CDATA[Putu Gede Surya Dharma Sadana]]>;
<![CDATA[Ni Luh Made Mahendrawati]]>;
<![CDATA[I Wayan Arthanaya]]>
<![CDATA[ Jurnal Preferensi Hukum Vol. 3 No. 1 (2022): Jurnal Preferensi Hukum ]]>
Publisher : <![CDATA[Warmadewa Press ]]>
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DOI: 10.22225/jph.3.1.4676.155-160
<![CDATA[The number of changes in the name of a person in Badung Regency which has an impact on the preparation of an administrative system, deserves the attention of the government. This is the case in this study, namely the regulation of changing the name of a person in Badung Regency and the legal consequences of changing the name of a person in Badung Regency. The purposes of this study are to analyze the regulation of changing someone's name in Badung Regency and the legal consequences of changing someone's name in Badung Regency. The type of research used in this study is a normative legal research type with a statutory, conceptual and case approach. Data collection techniques are carried out through documentation studies and literature studies by collecting legal sources in the form of primary and secondary legal sources. After the data has been collected, it is then analyzed using interpretive interpretation techniques and presented in descriptive form. The results of the study revealed that the name change was carried out based on the determination of the district court where the applicant was. Next, the change of name must be registered by the person who changed his name to the civil registry that issued the civil registration deed at least 30 days after the resident received a copy of the district court decision. The next civil registry will make marginal notes on the register of civil registration deeds and quotations of civil registration deeds.]]>
<![CDATA[Perlindungan Hukum terhadap Mantan Narapidana dalam Perspektif Undang-undang Ketenagakerjaan ]]>
<![CDATA[I Made Deni Pramudya Adi Putra]]>;
<![CDATA[Anak Agung Sagung Laksmi Dewi]]>;
<![CDATA[I Wayan Arthanaya]]>
<![CDATA[ Jurnal Preferensi Hukum Vol. 3 No. 1 (2022): Jurnal Preferensi Hukum ]]>
Publisher : <![CDATA[Warmadewa Press ]]>
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DOI: 10.22225/jph.3.1.4677.161-164
<![CDATA[An former convict is very difficult to get a job. Many companies and jobs are very difficult to accept an ex-convict because an ex-convict must have a bad view or discrimination from society. The purposes of this research are to reveal the right of former convicts to get a job when viewed from the Manpower Act No. 13 of 2003 and the legal protection of former convicts who are discriminated against to get a job. The method used in this research is normative legal research with a statutory approach and a conceptual approach. The collection technique was carried out using library techniques. The sources of legal materials used are primary and secondary sources of legal materials which are analyzed qualitatively and presented in descriptive form. The research findings reveal that the provisions of Articles 5 and 6 of Law Number 13 of 2003 concerning Manpower imply that everyone, including a former convict, has the right to opportunity and is treated fairly in the eyes of the law and society without any act of discrimination. Forms of legal protection are direct or indirect and can be in the form of preventive and repressive legal protection. The perpetrators who commit acts of discrimination are charged with criminal sanctions as regulated in Article 156 of the Criminal Code.]]>
<![CDATA[Pengelolaan Destinasi Wisata Era New Normal dalam Pemberdayaan Masyarakat Lokal di Desa Kesiman Kertalangu Kota Denpasar ]]>
<![CDATA[I Gusti Ayu Intan Chandra Dewi]]>;
<![CDATA[I Nyoman Putu Budiartha]]>;
<![CDATA[Diah Gayatri Sudibya]]>
<![CDATA[ Jurnal Preferensi Hukum Vol. 3 No. 1 (2022): Jurnal Preferensi Hukum ]]>
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DOI: 10.22225/jph.3.1.4678.165-170
<![CDATA[The outbreak of the COVID-19 pandemic has devastated the Bali tourism industry. In response to this, the Government issued a New Normal Era Tourism policy, especially in reconstructing the empowerment of local tourism. This study discusses the management of new normal era tourist destinations in empowering local communities in Kesiman Kertalangu Village, Denpasar City. The purposes of this study are to reveal the governance model of new normal era tourist destinations in Kesiman Kertalangu Village, Denpasar City and the role of the Kesiman Kertalangu Village Government in empowering local communities in managing new normal era tourist destinations. The research method applied is empirical research with a sociological approach. The data collection technique was carried out using observation techniques through interviews with informants and respondents. The sources of legal materials used are primary and secondary legal sources. The legal material analysis technique used is descriptive analysis technique. The results of this study reveal that the new normal era tourism destination management model in Kesiman Kertalangu Village is carried out in collaboration between the Village Government and BUMDes and investors by implementing health protocol management according to procedures. The role of the Kesiman Kertalangu Village Government in empowering local communities in the management of tourist destinations is proven by involving BUMDes and forming Village Regulations and Perbekel Regulations as legal protection for the management of tourist destinations that prioritize the empowerment of local communities, especially in the new normal era.]]>
