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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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Penegakan Hukum Terhadap Peredaran Rokok Tanpa Cukai di Indonesia Nyoman Dita Ary Putri; I Nyoman Gede Sugiartha; Ni Made Sukaryati Karma
Jurnal Preferensi Hukum Vol. 3 No. 1 (2022): Jurnal Preferensi Hukum
Publisher : Warmadewa Press

Indonesia as a developing country, one of whose income is through Customs and Excise levies, the responsibility of which will be borne by the apparatus of the Directorate General of Customs and Excise, such as cigarettes. However, there are still many cigarette factories or entrepreneurs who commit violations in the form of distributing cigarettes without excise in Indonesia. The purposes of this study are to analyze the legal regulation of the circulation of excise-free cigarettes in Indonesia and law enforcement efforts against the distribution of excise-free cigarettes in Indonesia. This research method is a normative legal research method with a conceptual approach. The technique of collecting legal materials used in this research is by recording in the documentation. Sources of legal materials used in the form of primary, secondary, and tertiary legal sources. After the data was collected, then analyzed systematically, the results of the study revealed that the circulation of cigarettes without excise in Indonesia is regulated in Article 4 which states that cigarettes are excisable goods because they are processed tobacco products and Article 29 of Law Number 39 of 2007 which states that goods are subject to excise. must be attached with excise stamps or affixed with other signs of payment of excise duty to be offered, delivered, sold, or made available for sale. Law enforcement efforts against excise-free cigarettes in Indonesia include preventive (prevention) and repressive (enforcement) law enforcement efforts. Law enforcement against the distribution of cigarettes without excise may be subject to criminal penalties in the form of imprisonment and fines which are cumulative (combined) criminal penalties.

Penyelesaian Sengketa Tapal Batas Antara Desa Jasri dengan Desa Perasi Melalui Upaya Mediasi I Kadek Dwipyana; I Nyoman Gede Sugiartha; Diah Gayatri Sudibya
Jurnal Preferensi Hukum Vol. 3 No. 1 (2022): Jurnal Preferensi Hukum
Publisher : Warmadewa Press

There are still many border disputes that occur in Bali, especially in Karangasem Regency, which involves two neighboring villages, namely the Jasri Traditional Village and the Perasi Traditional Village. This is based on legal uncertainty related to existing boundaries and also because of social factors between community relations that cause conflict problems. The purposes of this study are to reveal the factors that cause boundary disputes between Jasri Traditional Villages and Perasi Traditional Villages and to resolve border disputes between Jasri Traditional Villages and Perasi Traditional Villages. This research is an empirical legal research with a sociological approach. Data collection techniques were carried out by interview and literature study. Sources of legal materials used are primary and secondary legal sources. In analyzing the data, the researcher used flow model analysis techniques. The results of the study reveal that with the existence of Law Number 30 of 1999 concerning Arbitration, Permendagri Number 45 of 2016 concerning Guidelines for Establishing and Affirming Village Boundaries and Supreme Court Regulation Number 1 of 2016 concerning Mediation Procedures in Courts, both parties need to know so that their rights rights and obligations are not violated according to existing regulations.

Relevansi Sanksi Pidana dalam Penegakan Hukum Protokol Kesehatan pada Masa Pandemi Covid-19 Ni Putu Ayu Mia Paramartha Sari; Anak Agung Sagung Laksmi Dewi; I Made Minggu Widyantara
Jurnal Preferensi Hukum Vol. 3 No. 1 (2022): Jurnal Preferensi Hukum
Publisher : Warmadewa Press

There is a void in norms related to regulations governing violations of the COVID-19 health protocol as a crime, so it is appropriate to use criminal sanctions because this is an issue that must be clarified. The purposes of this study are to analyze legal arrangements for law enforcement of health protocols during the Covid-19 pandemic and regarding criminal sanctions in law enforcement of health protocols during the Covid-19 pandemic. This study uses normative legal research, using a statutory approach, a historical approach, and a conceptual approach. The sources of legal materials used by the author are primary and secondary legal materials using library techniques. The analysis technique was carried out qualitatively and presented in descriptive form. The findings reveal that the regulation of violations of the COVId-19 health protocol can be classified as an administrative crime based on administrative criminal law terminology, but in principle the legality of violating the COVID-19 health protocol does not have a clear legal basis because its enforcement is still using Article 212, 216, and 218 of the Criminal Code, Article 93 of the UU Law and Article 14 of the Infectious Disease Outbreak Law. In addition to this, the criminal sanctions contained in the legal rules which are considered to cover law enforcement for violations of the COVID-19 health protocol do not fully meet the elements of the ideal sentencing goal.

Penegakan Hukum Terhadap Pelaku Cyber Bullying di Kepolisian Daerah Bali pada Masa Pandemi Covid-19 Ni Komang Putri Pratiwi; Anak Agung Sagung Laksmi Dewi; I Made Minggu Widyantara
Jurnal Preferensi Hukum Vol. 3 No. 1 (2022): Jurnal Preferensi Hukum
Publisher : Warmadewa Press

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.

Akibat Hukum dari Keterlambatan Pembayaran Spaylater bagi Pengguna E-Commerce Shopee Ni Kadek Pingkan Putri Natalia; Anak Agung Sagung Laksmi Dewi; Ni Made Puspasutari Ujianti
Jurnal Preferensi Hukum Vol. 3 No. 1 (2022): Jurnal Preferensi Hukum
Publisher : Warmadewa Press

Spaylater is a feature in Shopee's E-Commerce that is used as a payment method that provides loan funds for its users to make transactions on Shopee's E-Commerce. In using the spaylater feature, terms and conditions must be met. However, users often ignore these terms and conditions, resulting in legal consequences. Based on this phenomenon, this study reviews the legal arrangements regarding spammers in Shopee's E-Commerce and reveals the legal consequences that arise if Shopee's E-Commerce users delay in paying the spamer. The type of research used in this research is normative legal research through statutory and conceptual approaches, the data used are primary and secondary legal materials obtained through library research techniques. Furthermore, the data that has been collected is processed and analyzed descriptively qualitatively. The results of the study indicate that the legal arrangement that regulates the spaylater in Shopee's E-Commerce is the Agreement as regulated in Article 1313 of the Civil Code. The legal consequences that arise if a Shopee E-Commerce user delays the payment, namely the user's Shopee account will be frozen by Shopee, the user will receive consequences in the form of field billing and the user's personal data is then recorded in the financial information service system which can prevent users from getting financing from Banks and other companies.

Peranan Badan Narkotika Nasional dalam Menanggulangi Tindak Pidana Liquid Vape yang Mengandung Narkotika Yoga Wira Pranata; I Nyoman Putu Budiartha; Ni Made Sukaryati Karma
Jurnal Preferensi Hukum Vol. 3 No. 1 (2022): Jurnal Preferensi Hukum
Publisher : Warmadewa Press

The circulation of electronic cigarettes or vapes has now developed quite rapidly, liquid vapes are liquids that are the main ingredients of vapes with different flavors, aromas and nicotine levels. There are many ways to make liquid that narcotics dealers can do by mixing synthetic marijuana and liquid liquid which actually includes a new type of synthetic narcotic. The purpose of this study is to examine methods of preventing and overcoming the circulation of vape liquid containing Narcotics by the National Narcotics Agency and to examine the obstacles of the National Narcotics Agency in preventing and overcoming the sale and purchase of liquid containing Narcotics. This study uses empirical legal research with a conceptual and sociological approach. The legal materials used are primary and secondary data. To obtain valid data, the researchers used the method of observation and interview, then the data were analyzed qualitatively descriptively. The results showed that the prevention method by providing counseling, checking every three months at vape shops and community groups who use vaping in Denpasar City, regarding this obstacle lies in the difficulty of finding suspects because the cell system is disconnected in the Narcotics network between sellers, Narcotics dealers who do not know each other. Regarding the conclusions above, the researcher suggests that the Denpasar City National Narcotics Agency should do prevention through early education regarding the dangers of this type of liquid Narcotics so that it does not spread among students or adolescents.

Penegakan Hukum Terhadap Pelaku Tindak Pidana Pengancaman Kekerasan dan Pembunuhan Melalui Media Sosial Putu Diah Premana Putri; I Nyoman Gede Sugiartha; Diah Gayatri Sudibya
Jurnal Preferensi Hukum Vol. 3 No. 1 (2022): Jurnal Preferensi Hukum
Publisher : Warmadewa Press

Advances in technology are increasingly taking over space in the field of human life to facilitate human activities. With the many facilities offered, it is easier for humans to do things that are not in accordance with what should be done, such as committing crimes of threats of violence and murder through social media that are rife in today's society. With this phenomenon, the Indonesian government has issued several rules for law enforcement against perpetrators of criminal acts of threats of violence and murder through social media as regulated in Article 335 paragraph (1) 369 paragraph (1) of the Criminal Code and Article 45B of the ITE Law. Therefore, this study examines the causes of criminal acts of threats of violence and murder through social media and examines law enforcement against perpetrators of criminal acts of threats of violence and murder through social media. This study uses a normative legal research type with a statutory approach. The material used is primary legal material, which is the main legal material that is the basis for reviewing the problems under study, then supported by secondary materials. To obtain valid data, researchers used library research techniques. Furthermore, the research data is processed and analyzed by means of legal interpretation based on deductive and inductive logic. The results showed that the cause of the perpetrators committing the crime was due to internal factors, namely uncontrolled psychology and emotions and economic factors. Then regarding the sanctions that will be imposed on the perpetrators in accordance with the Criminal Code and the ITE Law which will be decided in the trial process.

Perlindungan Hukum Terhadap Korban Glorifikasi dari Pelaku Tindak Pidana Pencabulan Tjok Istri Agung Mellynia Putri Saraswati; I Made Minggu Widyantara; Ni Made Sukaryati Karma
Jurnal Preferensi Hukum Vol. 3 No. 1 (2022): Jurnal Preferensi Hukum
Publisher : Warmadewa Press

Today, children are often victims of sexual abuse. Child molestation is a very disgraceful treatment that damages the future of the child, both physically and psychologically. One of the examples of cases of child abuse is the case that was committed by SJ. After being released from prison, SJ received a lot of applause in the public. The glorification of the SJ case can be seen as normalizing perpetrators of sexual abuse in the public. The purpose of this research is to examine the legal arrangements for the glorification of perpetrators of criminal acts of obscenity and to reveal protection for victims who have experienced crimes of sexual abuse. The type of research used is normative legal research with a statutory approach. Sources of legal materials are primary and secondary legal materials. To get valid data, the researcher used library research techniques, namely taking notes, summarizing, and giving reviews. The results of the study revealed that the regulation of perpetrators of criminal acts of obscenity is regulated in Article 289 of the Criminal Code and for the glorification of perpetrators of criminal acts of obscenity has not been specifically regulated. Protection of victims who have experienced criminal acts of obscenity is regulated in Articles 6, 7 and 7A of Law no. 31 of 2014 concerning Amendments to Law Number 13 of 2006 concerning Protection of Witnesses and Victims. ban Glorifikasi Dari Pelaku Tindak Pidana Pencabulan

Peran Polri Sebagai Tracer untuk Memutus Penularan Covid-19 di Wilayah Hukum Polda Bali Ni Luh Gede Nita Ary Widiani; I Nyoman Gede Sugiartha; I Nyoman Subamia
Jurnal Preferensi Hukum Vol. 3 No. 1 (2022): Jurnal Preferensi Hukum
Publisher : Warmadewa Press

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Pelaksanaan Pengelolaan Objek Wisata Mandala Suci Wenara Wana oleh Desa Adat Padangtegal, Kecamatan Ubud, Kabupaten Gianyar Ni Komang Ayu Sri Widiari; Ida Ayu Putu Widiati; Luh Putu Suryani
Jurnal Preferensi Hukum Vol. 3 No. 1 (2022): Jurnal Preferensi Hukum
Publisher : Warmadewa Press

Tourism objects can be regarded as natural resources, the results of their use resulting in an increase in the economy. The surrounding nature in Bali is used as an attractive tourist destination such as the Mandala Suci Wenara Wana tourist attraction which is managed directly independently by the Padangtegal Traditional Village. Management still looks a lot that is not in accordance with the procedures, seen in terms of environmental protection, there is still garbage disposal. For this reason, this study examines the implementation of the management of the Mandala Suci Wenara Wana tourism object, Padangtegal Traditional Village, Ubud District, Gianyar Regency and explains the implications of implementing the management of the Mandala Suci Wenara Wana tourist attraction which is managed by the Padangtegal Traditional Village, Ubud District, Gianyar Regency. This study was designed with empirical legal research with a sociology of law approach, the data sources used were two, namely primary and secondary legal materials. To obtain valid data, researchers collected data using observation, documentation, and interview techniques. The results of the study indicate that the implementation of the management of the Mandala Suci Wenara Wana Tourism object has not run optimally because there is a vacancy in the arrangement of the party who has the authority to carry out the management to date. The implications of managing the Mandala Suci Wenara Wana Tourism Object from an economic point of view are the use of land as a place of business, and enjoying free parking facilities in the tourist attraction area, but the comfort and safety of the people around the object are disturbed due to the presence of monkeys that often roam to people's homes.

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Nyoman Gede Sugiartha

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Home Page

OAI Link

Editorial Team

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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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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