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Nyoman Gede Sugiartha
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INDONESIA
Jurnal Preferensi Hukum (JPH)
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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Peranan Penyidikan Tambahan dalam Menindaklanjuti Perkara Tindak Pidana Pencurian Sapi di Wilayah Hukum Polsek Petang Ni Komang Diana Trisnayanti; Anak Agung Sagung Laksmi Dewi; Ni Made Suryati Karma
Jurnal Preferensi Hukum Vol. 3 No. 2 (2022): Jurnal Preferensi Hukum
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55637/jph.3.2.4932.287-293

Abstract

Handling the crime of theft is certainly an alternative in the criminal justice system. In the investigation effort, of course, there can be obstacles that affect the slowness of the examination of the case, as happened at the Evening Police, namely the lack of complete evidence needed because there is a shortage of investigating officers. Therefore, the role of additional investigators is very much needed for the Evening Police. This study uses empirical research methods as well as a sociological approach to law. The role of additional investigations in the settlement of cases of cow theft in the jurisdiction of the Evening Police Sector is to be able to complete the prosecutor's instructions through P-19 which is a code that the results of the investigation are not complete, however, sometimes investigators cannot fulfill the prosecutor's instructions, so the case files go back and forth up to 4 times. . This is done in accordance with the provisions of the legislation or operational standards that apply to the Indonesian National Police.
Perlindungan Hukum terhadap Nasabah Bank atas Tindak Pidana Pencatatan Palsu dalam Dokumen Perbankan I Kadek Duta Anugrah; I Made Minggu Widyantara; Desak Gde Dwi Arini
Jurnal Preferensi Hukum Vol. 3 No. 2 (2022): Jurnal Preferensi Hukum
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55637/jph.3.2.4933.294-299

Abstract

This study aims to analyze and describe banking crimes, as well as how legal protection given to customers who are concerned about the existence of a criminal act of false recording in banking documents. With the increasing number of activities that banks carry out, with that many individuals or groups have intentions that are contrary to applicable law, whether it be with anything, such as false records. The problems discussed are how to overcome banking crimes, as well as how legal protection given to customers regarding the existence of fraudulent recording crimes in banking documents. This research is a type of normative legal research to explore it. From the results of the study, it was shown that the handling of banking crimes had been going well, it was shown by Bank Indonesia having implemented preventive measures, namely by increasing working relations with relevant agencies, as well as repressive efforts, namely by conducting investigations on the basis of related laws. Regarding legal protection that must be carried out by banks, it is divided into indirect protection in the form of the bank using the principle of prudence in the implementation of banking activities, as well as direct protection in the form of a deposit insurance institution where this institution will guarantee customer deposits of a maximum of two billion rupiah if this occurs. things that are detrimental to customers.
Kajian Yuridis Penggunaan Koin Kripto sebagai Alat Pembayaran di Indonesia Kadek Dyah Pramitha Widyarani; Ida Ayu Putu Widiati; Ni Made Puspasutari Ujianti
Jurnal Preferensi Hukum Vol. 3 No. 2 (2022): Jurnal Preferensi Hukum
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55637/jph.3.2.4934.300-305

Abstract

The presence of crypto coins as a new thing in society certainly requires an attitude from a legal aspect. The rapid development of crypto coins makes many people believe that crypto coins will become a means of payment in the future. This study aims to determine the regulation of payment instruments in Indonesia and the legal consequences if crypto coins are used as payment instruments in Indonesia. This research is normative legal research, namely research with studies through literature studies based on primary and secondary legal materials. The problem approach used is a statutory approach and a conceptual approach. The results of this study show concretely that crypto coins are illegal means of payment. The use of crypto coins as a means of payment in Indonesia is not in accordance with the law and is an act that is against the law so it can have legal consequences. Crypto coins do not have a legal basis to be used as a means of payment in Indonesia. Payments using crypto coins that are prohibited by law are considered illegal payments so they can get sanctions.
Perlindungan Hukum Bagi Kreditur dalam Hal Terjadi Wanprestasi pada Program Kredit Angsuran Sistem Fidusia di PT Pegadaian Cabang Denpasar Putu Berliana Prema Swari; I Nyoman Putu Budiartha; Desak Gde Dwi Arini
Jurnal Preferensi Hukum Vol. 3 No. 2 (2022): Jurnal Preferensi Hukum
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55637/jph.3.2.4935.306-3011

Abstract

This study aims to analyze and describe the process of providing credit with a creative program and a form of legal protection if the debtor defaults on the creation program at PT Pegadaian Denpasar. Pegadaian was born as the foundation of the high-quality will of the ruler of a country to help many people who need funding solutions. One of the results of PT Pegadaian is creation, the result is a pawn system which is also intended for all of the lenders, both for consumptive and productive needs. The type of research used in this research is empirical legal research. Based on the results of the study, it can be seen that the high rate of default in 2021 occurred at PT Pegadaian Denpasar branch of 205 customers who defaulted as many as 69 people or 33.69%. This has legal implications. Meanwhile, legal protection for creditors refers to the Civil Code, legal protection for parties who have debts in credit agreements and fiduciary dependents very needed to think that the object made mortgage is on the side of the debtor.
Perlindungan Hukum terhadap Konsumen bagi Pengguna Kosmetik Ilegal yang Diiklankan Influencer di Media Sosial Ni Putu Gita Padmayani; I Nyoman Putu Budiartha; Ni Made Puspasutari Ujianti
Jurnal Preferensi Hukum Vol. 3 No. 2 (2022): Jurnal Preferensi Hukum
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55637/jph.3.2.4936.312-317

Abstract

This study aims to discuss forms of legal protection for consumers and the responsibility of influencers against consumer losses for illegal cosmetic products advertised on social media. Current technological developments make many business actors market cosmetic products using the services of influencers on social media. However, it is not uncommon for influencers to promote illegal cosmetic products that do not have distribution permits. This type of research includes normative legal research that uses a statutory approach and analysis of legal concepts. The results of the study indicate that the form of legal protection for consumers for the use of illegal cosmetic products refers to Article 1365 of the Civil Code, Article 4 of Law No. 8 of 1999 concerning Consumer Protection, Article 9 of the ITE Law and Article 378 of the Criminal Code, then Responsibilities influencers on illegal cosmetics advertised on social media can be based on Law No. 8 of 1999 concerning Consumer Protection and Article 1365 of the Civil Code. For this reason, the government should further reaffirm the regulations regarding the protection of consumers and an influencer who advertises a product should have good intentions in carrying out his profession.
Implementasi Perjanjian Bagi Hasil dalam Pengelolaan Terasering Ceking ( Studi Kasus Di Desa Kedisan, Kecamatan Tegallalang ) Gusti Ngurah Oka Pramana; I Ketut Kasta Arya Wijaya; Luh Putu Suryani
Jurnal Preferensi Hukum Vol. 3 No. 2 (2022): Jurnal Preferensi Hukum
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55637/jph.3.2.4937.318-323

Abstract

Tourism is a complex sector since it has a multi-dimensional nature physically, politically, socio-culturally and economically. Development in the tourism sector will have an impact on increasing regional income. For example, the Gianyar area has many tourism destinations, including the Ceking Terrace Tourism Object. This tourism destination has a view of the terraces located in the middle of the Kedisan Traditional Village, Tegallalang sub-district. This study examines the arrangement of profit sharing and the implementation of profit sharing agreements in the management of the Ceking Terrace tourism object. The research method used is empirical legal research. The results of the study indicate that the legal arrangement regarding profit sharing for the management of Terasing Ceking tourism objects is contained in the provisions of the Gianyar Regency Regional Regulation No. 10 of 2013. This regulates the determination of traditional villages and traditional institutions to have the right to share the profits of the Ceking Terrace tourism object. Then, the profit sharing agreement includes the rights and obligations of the parties in managing the Ceking Terrace tourism object, namely the Management of the Ceking Terrace Tourism Object has a right as a guarantee from the agreed contract. The management also has obligations that must be carried out so that management runs well, land owners are also entitled to compensation for the rice fields that are used as views with the obligation to maintain the beauty of their fields according to the agreement. be subject to sanctions in the form of compensation payments.
Eksistensi Lembaga Pemberdayaan Masyarakat (LPM) dalam Mewujudkan Pembangunan Desa di Desa Datah, Kecamatan Abang, Kabupaten Karangasem I Gede Andik Surya Dana; Ida Ayu Putu Widiati; I wayan arthanaya
Jurnal Preferensi Hukum Vol. 3 No. 2 (2022): Jurnal Preferensi Hukum
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55637/jph.3.2.4938.324-329

Abstract

Community empowerment institutions are one form of village institutions in realizing community welfare. The welfare of people's lives must be realized by creating an equal distribution of rights and obligations of the surrounding community. The government in its efforts to realize it is ready with various program arrangements to support this. This research is focused on knowing the existence of Community Empowerment Institutions (LPM), as well as obstacles and efforts in realizing village development carried out by Community Empowerment Institutions (LPM) in Datah Village, Abang District, Karangasem Regency. The method used is an empirical legal approach by seeking information and data directly in the field. Research findings reveal that the existence of LPM in Datah village in village development still needs to be improved. The village government must try to find the obstacles or inhibiting factors that occur, as well as the efforts made so that the LPM program can be said to be effective in the context of village development that aims to prosper the community. Based on the results of the study, it can be concluded that the existence of LPM in Datah village has not had a significant impact and is fully felt by the community. The government needs to increase the empowerment of this institution so that it has a good influence on the progress of the local community.
Implementasi Perpanjangan Perjanjian Kerja Waktu Tertentu (PKWT) bagi Pekerja Kontrak Pada Koperasi Yowana Bakti Mandiri Desa Jagapati Kabupaten Badung I Made Wiratama; I Nyoman Putu Budiartha; Desak Gde Dwi Arini
Jurnal Preferensi Hukum Vol. 3 No. 2 (2022): Jurnal Preferensi Hukum
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55637/jph.3.2.4939.330-335

Abstract

This study aims to find out about the legal responsibilities of employers who default on workers in relation to Law Number 13 of 2003 concerning Manpower. Certain time work agreements (PKWT) are widely used by entrepreneurs/companies because they are considered very efficient in carrying out company operations and can minimize expenses for a company or cooperative. The employment agreement is the beginning of the birth of the working relationship between the employer and the worker. This research uses empirical legal research. The Yowana Bakti Mandiri Cooperative still does not comply with several provisions of the applicable laws and regulations, namely extending a certain time work agreement more than 1 (one) time and not giving a 30-day lag when renewing the agreement, and requiring a probationary period for contract workers.
Tindak Pidana Terorisme yang dilakukan oleh Anak Dibawah Umur I Wayan Bayu Suryawan; I Nyoman Gede Sugiartha; I Made Minggu Widyantara
Jurnal Preferensi Hukum Vol. 3 No. 2 (2022): Jurnal Preferensi Hukum
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55637/jph.3.2.4940.336-341

Abstract

This study aims to discuss the legal regulation of criminal acts of terrorism by minors and how the accountability of perpetrators of criminal acts of terrorism by minors is based on Law No. 15 of 2003 concerning the eradication of criminal acts of terrorism. This study uses a normative legal research type. Children are human resources who have a vital position in the development of the nation, but the phenomenon occurs that many children are involved and influenced by committing crimes of terrorism, where children are involved in criminal acts of terrorism. The results of the research on the legal regulation of criminal acts of terrorism committed by children have not been regulated by criminal provisions, they cannot be subject to capital punishment or life imprisonment. Cannot be held criminally responsible because there are conditions in the element of error that are not fulfilled, namely the requirement that those above a certain age can be held responsible. A child who has not been able to decide what he wants is said to be mentally immature, unable to make a decision correctly, even if the child commits a crime on his own consciousness. With the inability of children to be judged legally, special legal protection is needed for children.
Pengawasan dan Penindakan sebagai Upaya Perlindungan Hukum terhadap Dana Masyarakat yang Disimpan di Lembaga Koperasi (Studi Kasus di Ksu Banjar Negari, Kabupaten Gianyar) Ni Komang Nanda Permata Dewi; Anak Agung Sagung Laksmi Dewi; Luh Putu Suryani
Jurnal Preferensi Hukum Vol. 3 No. 2 (2022): Jurnal Preferensi Hukum
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55637/jph.3.2.4941.342-346

Abstract

This study aims to discuss the legal protection of public funds stored in cooperative institutions and cooperative action against cooperative customers who default in terms of borrowing cooperative funds. Cooperatives as a form of the business entity have an important position for empowering and strengthening the people's economy. Based on equal rights and obligations in carrying out certain businesses that intend to meet the various needs of the members. The research method used is the empirical method. Regarding the protection of citizen funds by irregularities in cooperative institutions, there is no legal certainty. Default has legal consequences for those who run it and poses a risk with the emergence of parties who feel that their rights have been harmed to prosecute parties who have defaulted in order to submit compensation, so by In the law, it is desirable that no one party feels the loss due to the default. The first sanction against cooperatives that apply legal protection to cooperative customers is to provide a letter of introduction by the cooperative regarding what the debtor is doing.

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