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[Kedudukan Hukum Citizen Journalism (Jurnalis Warga Negara) Dalam Penyampaian Berita Kepada Masyarakat ]]>
<![CDATA[Cokorda Gede Wirasatya Pradana]]>;
<![CDATA[I Nyoman Putu Budiartha]]>;
<![CDATA[I Wayan Arthanaya]]>
<![CDATA[ Jurnal Preferensi Hukum Vol. 3 No. 2 (2022): Jurnal Preferensi Hukum ]]>
Publisher : <![CDATA[Warmadewa Press ]]>
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DOI: 10.55637/jph.3.2.4920.229-234
<![CDATA[Journalism is a profession whose duties are under the Press Law, if there is a problem in the process of delivering news, it is protected by the Press Council, in contrast to citizen journalism because it does not include legal protection intended for professional journalists. This study aims to analyze and describe the legal position and legal protection of citizen journalism in delivering news to the public. The study method used is normative legal research. The results show that the legal position of citizen journalism in delivering news to the public is almost the same as that of professional journalists because of its characteristics, but the legal umbrella for citizen journalism in Indonesia has not been clearly regulated. The legal protection of citizen journalism in delivering news to the public can be protected by the Press Law as long as it contains aspects of the public interest, education for the community, contains elements of 5W+1H, and based on the search process, and according to the principles of the journalistic code of ethics, protection can be provided.]]>
<![CDATA[Perlindungan Hukum terhadap Karya Seni Melalui Media Mural ]]>
<![CDATA[Deviana Utami Wijaya]]>;
<![CDATA[I Ketut Kasta Arya Wijaya]]>;
<![CDATA[Luh Putu Suryani]]>
<![CDATA[ Jurnal Preferensi Hukum Vol. 3 No. 2 (2022): Jurnal Preferensi Hukum ]]>
Publisher : <![CDATA[Warmadewa Press ]]>
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DOI: 10.55637/jph.3.2.4921.235-240
<![CDATA[A work of art is an artistic creation of an aesthetic object. Usually, it can be depicted in the form of sculptures, but can also be in the form of objects specially designed for aesthetic purposes and their uses. This research aims to analyze and regulate legal regulations and protections related to mural art in Indonesia. The method used is a normative legal research method. Legal arrangements regarding legal arrangements related to mural art in Indonesia are contained in the 1945 Constitution of the Republic of Indonesia Article 28 I and 28 J, Law No.39/1999 on Human Rights, Law no. 9 of 1998 concerning Expressing opinions in public and Law No. 12 of 2005 concerning Civil and Political Rights. The legal protection given to mural artworks is more or less the same as the regulation, except that not all mural artworks can be protected, if the mural art violates the applicable legal norms then it can be said that Vandalism is regulated in the Criminal Code Article 489 paragraph (1), Article 406 paragraph (1), and Article 160 of the Criminal Code.]]>
<![CDATA[Penegakan Hukum yang Dilakukan Direktorat Lalu Lintas Polda Bali terhadap Pelanggaran Kendaraan Roda Tiga Angkutan Sampah Melebihi Daya Beban Angkut di Kota Denpasar ]]>
<![CDATA[I Gede Eka Surya Pramana]]>;
<![CDATA[I Nyoman Putu Budiartha]]>;
<![CDATA[I Made Minggu Widyantara]]>
<![CDATA[ Jurnal Preferensi Hukum Vol. 3 No. 2 (2022): Jurnal Preferensi Hukum ]]>
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DOI: 10.55637/jph.3.2.4923.241-246
<![CDATA[The Denpasar city government has created a garbage collection program that is managed by the Banjar. The waste produced in 2021 is around 550 - 600 tons every day. To reduce waste, we formed a team to store the waste and transport it to the landfill using a three-wheeled motorbike. The method of empirical research is used in conducting this research, with legal research being useful to see the legal point of view in the real conditions of a fact that exists in society. The conclusion of this study is that the Denpasar city government program to transport waste to the TPA for three-wheeled motorized vehicles is less efficient because the amount of waste carrying capacity exceeds the limit, thereby endangering other vehicles. The Traffic Directorate of the Bali Police carried out two types of efforts to reduce the number of violations by means of prevention and action.]]>
<![CDATA[Peranan Lembaga Bantuan Hukum dalam Penanganan Permasalahan Ketenagakerjaan (Studi Di LBH Bali) ]]>
<![CDATA[Kresensia Angelica Hardi]]>;
<![CDATA[Anak Agung Sagung Laksmi Dewi]]>;
<![CDATA[I Made Minggu Widyantara]]>
<![CDATA[ Jurnal Preferensi Hukum Vol. 3 No. 2 (2022): Jurnal Preferensi Hukum ]]>
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DOI: 10.55637/jph.3.2.4924.247-252
<![CDATA[This study aims to analyze legal aid procedures and determine the role of Legal Aid Institutions in handling employment problems. Legal Aid Institute is one of the distributors of Legal Aid. One of them is the Bali Legal Aid Institute. The scope of the provision of legal aid is quite broad which includes also employment issues considering that many workers' rights have not been fulfilled and the workers' inability to get access to justice. This study uses empirical research methods with a sociological approach. Where researchers make direct observations on objects. Legal aid, procedures, procedures for obtaining legal assistance, and if a problem occurs, its handling is also regulated in Indonesian law. The Bali Legal Aid Institute has an important role in handling labor problems in the Bali area. Its roles include providing legal education, providing assistance, and being involved in policy formation for workers in the Bali area. For the government, it is hoped that it will be more aggressive in providing industrial relations development and for Legal Aid Institutions to socialize Legal Aid so that it can be utilized as well as possible.]]>
<![CDATA[Pengaturan Industri Permainan Interaktif Elektronik di Era Industri 4.0 Video Game Industry Regulation In 4.0. Industry Era ]]>
<![CDATA[Yoshua Pramana Kawi]]>;
<![CDATA[I Nyoman Putu Budiartha]]>;
<![CDATA[Ni Made Puspasutari Ujianti]]>
<![CDATA[ Jurnal Preferensi Hukum Vol. 3 No. 2 (2022): Jurnal Preferensi Hukum ]]>
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DOI: 10.55637/jph.3.2.4925.253-259
<![CDATA[The video game industry has developed very significantly in the 4.0 industry era. Video game industry development also happened in Indonesia in the last two decades, making the government then feel the need to assign a system of regulation to the video game industry in Indonesia. However, a particular part of that said system, which is Regulation of Indonesia’s Esports Major Administrator Number 034/PB-ESI/B/VI/2021, caused some problems regarding its application in public. Therefore, the researcher is interested to study these problems by using the principles of the regulation-making process in the Republic of Indonesia’s Act Number 12 of 2011 and other related law sources. The purpose of this research is to know and understand the regulation of the video game industry and the application’s impact on the public. The research method is using the normative method with the law and conceptual approaches. The result is showing that the development of the video game industry in Indonesia should be controlled in a good regulation system and the implications must be handled seriously by those in charge to provide huge benefits for the country, especially for those working in the video game industry.]]>
<![CDATA[Tindak Pidana Penganiayaan Anak oleh Orang Tua Ditinjau dari Aspek Perlindungan Anak ]]>
<![CDATA[I Ketut Detri Eka Adi Pranata]]>;
<![CDATA[I Nyoman Putu Budiartha]]>;
<![CDATA[I Made Minggu Widyantara]]>
<![CDATA[ Jurnal Preferensi Hukum Vol. 3 No. 2 (2022): Jurnal Preferensi Hukum ]]>
Publisher : <![CDATA[Warmadewa Press ]]>
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DOI: 10.55637/jph.3.2.4927.260-265
<![CDATA[This study aims to analyze and describe the crime of child abuse by parents in terms of child protection aspects. Current developments bring about the evils that society suffers from: violent crimes and maltreatment. One of the most common are crimes involving child victims. Such cases are known as child abuse. Two main problems arise from this declaration. That is, the regulation of criminal sanctions for criminal acts committed by parents and legal protection of children who are abused within the meaning of the Child Protection Act. This investigation uses a normative legal investigation type with a legal and conceptual approach. This research is included in normative research, which is sourced from primary legal materials. Data were collected by using literature and document study methods. The results show that. The imposition of criminal sanctions on criminal acts committed by parents if they meet the elements of Article 76C is child protection against abuse of political activities, involvement in armed conflict, involvement in social unrest, and involvement in cases. From Law. Elements of violence, involvement in war and sex crimes.]]>
<![CDATA[Penggelapan Penggunaan Jabatan di Lingkungan Perbankan dalam Menggandakan Rekening Bank ]]>
<![CDATA[Agus Wija Atmaja]]>;
<![CDATA[I Nyoman Gede Sugiartha]]>;
<![CDATA[I Wayan Arthanaya]]>
<![CDATA[ Jurnal Preferensi Hukum Vol. 3 No. 2 (2022): Jurnal Preferensi Hukum ]]>
Publisher : <![CDATA[Warmadewa Press ]]>
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DOI: 10.55637/jph.3.2.4928.266-270
<![CDATA[This study aims to analyze and describe the embezzlement of the use of positions in the banking environment in doubling bank accounts. With the development of human civilization and technology, traditional methods and procedures are no longer used in this crime of embezzlement. One of the most modern ways is embezzlement by duplicating bank accounts with other names. This, but from the same owner. According to his explanation, there are two main problems. Namely, the regulation of criminal acts and criminal sanctions for embezzlement against the dual use of bank accounts. This study uses a normative legal study using a legal conceptual approach. The findings show that Article 374 reflects the regulation of the crime of embezzlement by using authorized bank accounts, as well as other crimes where the crime of embezzlement is mostly the crime of embezzlement. Will be sentenced to five years in prison for embezzlement of bank accounts, which exacerbates other elements of criminal threats in accordance with Article 374 of the Criminal Code.]]>
<![CDATA[Perlindungan Hukum Otoritas Jasa Keuangan terhadap Investor Pasar Modal atas Diberlakukannya Delisting Saham oleh Bursa Efek Indonesia ]]>
<![CDATA[I Dewa Gede Angga Bhasudeva]]>;
<![CDATA[I Nyoman Putu Budiartha]]>;
<![CDATA[Ni Made Puspasutari Ujianti]]>
<![CDATA[ Jurnal Preferensi Hukum Vol. 3 No. 2 (2022): Jurnal Preferensi Hukum ]]>
Publisher : <![CDATA[Warmadewa Press ]]>
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DOI: 10.55637/jph.3.2.4929.271-275
<![CDATA[This study aims to analyze and describe the legal consequences for issuers whose shares are delisted by the stock exchange and analyze how the legal protection provided by the financial services authorities to capital market investors for the implementation of stock delisting by the stock exchange. Capital market developments affect legal certainty and protection for investors. This research is included in normative legal research that uses a conceptual approach and legislation. Judging from the results of the research, many go public companies have not disclosed information that should be known by the public and the OJK so that these issuers will be subject to delisting sanctions by the IDX. Delisting can be granted if the issuer wants to become a closed company but is still a go public company. Shareholders are given legal protection by the OJK, namely, preventive in nature as evidenced by guidance and supervision by the OJK, repressive protection as evidenced by administrative sanctions for parties who violate the legal rules regarding the capital market in force in Indonesia.]]>
<![CDATA[Penggunaan Layanan Aplikasi Pinjaman Kredit Online Ditinjau dari Perspektif Hukum Perjanjian ]]>
<![CDATA[Kadek Anggik Dwiyanti]]>;
<![CDATA[I Nyoman Putu Budiartha]]>;
<![CDATA[Desak Gde Dwi Arini]]>
<![CDATA[ Jurnal Preferensi Hukum Vol. 3 No. 2 (2022): Jurnal Preferensi Hukum ]]>
Publisher : <![CDATA[Warmadewa Press ]]>
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DOI: 10.55637/jph.3.2.4930.276-281
<![CDATA[This study aims to analyze and describe the validity of credit agreements through online applications and legal protection for injured parties in credit agreements through online applications. With the presence of fintech, it is caused by the transition from people's lifestyles that continue to develop. Online loan services are now starting to be widely discussed in the community. although with many acts of terror with unpleasant actions by using illegal online loans. In this case, the researcher uses normative or library methods, literature studies with secondary data such as laws, court decisions, and legal theories. With the results obtained in the study that the validity of the credit agreement cannot be separated from the validity of the agreement, namely in Article 1320 of the Civil Code through online applications, there are two types of protection for victims, where the first legal protection is preventive protection measures regulated in Article 29 POJK Number 77 /POJK.01/2016, while repressive protection for victims can file complaints and disputes can be resolved quickly. Complaints from users of Fintech services to platform organizers and immediately to take action.]]>
<![CDATA[Pengalihan Tanggung Jawab Pembayaran Utang Debitur Pinjaman Online kepada Ahli Waris ]]>
<![CDATA[Audina Rahma]]>;
<![CDATA[I Nyoman Putu Budiartha]]>;
<![CDATA[Diah Gayatri Sudibya]]>
<![CDATA[ Jurnal Preferensi Hukum Vol. 3 No. 2 (2022): Jurnal Preferensi Hukum ]]>
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DOI: 10.55637/jph.3.2.4931.282-286
<![CDATA[Fintech Lending or Online Loans is an electronic media-based financial loan service that facilitates lenders and loan recipients through an application or website. All financial transactions are carried out under Electronic Contracts. Often the Online Loan Contract does not include a clause regarding the risks that may occur if the loan recipient (debtor) dies before the loan (receivable) is paid off. The problems in this study is the validity of the online loan agreement and the transfer of responsibility for paying debts from online loan debtors to their heirs. This study applies a normative method with a statutory and conceptual approach. The conclusion of this study is that the recipient of the loan/debtor is obliged to repay the money borrowed to the lender/creditor according to the amount and the agreed time period. The heirs can be held responsible for paying off debts when the heirs have stated that they have received the inheritance as referred to in Article 1045 of the Civil Code.]]>
