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[Kajian Yuridis terhadap Produksi Minuman Fermentasi Khas Bali yang Tidak Memiliki Izin Edar ]]>
<![CDATA[Nyoman Satria Bismantara]]>;
<![CDATA[Ida Ayu Putu Widiati]]>;
<![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.3.2.4942.347-351
<![CDATA[Currently, there is a rampant circulation of Balinese fermented drinks that do not have distribution permits. The Government of Indonesia has regulated regulations related to the circulation of fermented beverages that do not have a distribution permit in Presidential Regulation No. 74 of 2013 and Bali Provincial Governor Regulation No. 1 of 2020. Therefore, the purpose of this reserach is to examine the legal arrangements regarding the production of Balinese fermented drinks and to analyze law enforcement against Balinese fermented beverage business actors without a distribution permit. This reserach uses a normative legal research type, using a statutory approach and a conceptual approach. The sources of legal materials for this research are: primary, secondary and tertiary sources of legal materials. This research data collection technique is a literature reserach technique, namely by reviewing legal materials that intersect and then being categorized or classified and archived, written, quoted, summarized, investigated as needed with a qualitative approach. The researcher found that Legal arrangements regarding the production of Balinese fermented beverages are regulated in Bali Provincial Governor Regulation No. 1 of 2020. Bali Governor Regulation No. 1 of 2020 is a supporting factor for law enforcement because it is a reference for the law in addition to law enforcement factors, namely police officers in this case pamong praja police who have the task of supporting in organizing local government in the field of security and order and enforcement of local regulations in terms of controlling the circulation of alcoholic beverages.]]>
<![CDATA[Tindak Pidana Pembunuhan oleh Seorang Ibu Terhadap Bayinya Setelah di Lahirkan ]]>
<![CDATA[I Made Jaya Palguna]]>;
<![CDATA[I Nyoman Gede Sugiarta]]>;
<![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.3.2.4943.352-357
<![CDATA[Violence against children is a form of human rights violation. Violence against children often occurs in the family environment where the family should receive protection, this has happened in the Gianyar district, Bali which was carried out by a biological mother against her newborn child, causing the child to die. The purpose of this research is to determine the legal regulation of the crime of murder by the mother of her baby after being born according to the law, as well as the criminal sanctions of the act of killing the mother of her baby after being born according to the law. The type of research in this research is normative research using primary legal materials and secondary legal materials. The technique of collecting legal materials is a literature research technique, namely by reviewing legal materials that intersect and then being categorized or classified and archived, written, quoted, summarized, and investigated as needed with a qualitative approach. Articles 341, 342, and 343 of the Criminal Code are also regulated in the Child Protection Law. With regard to criminal sanctions in such acts, based on Article 80 paragraphs 3 and 4 of Law no. 35 of 2014 concerning Child Protection, namely: perpetrators are sentenced to a maximum imprisonment of 15 years and/or a maximum fine of three billion rupiah.]]>
<![CDATA[Sengketa Gugatan Perdata atas Kepemilikan Tanah Istana Negara Tampaksiring Oleh Masyarakat di Desa Manukaya Gianyar ]]>
<![CDATA[I Nyoman Sukrata]]>;
<![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.3.2.4944.358-363
<![CDATA[The government expanded the area of the Tampaksiring State Palace and housing for Presidential Palace employees that had been acquired by the state and privately owned land in Manukaya Village. The purpose of this research was to determine the process of land ownership disputes at the Tampaksiring State Palace and to analyze the obstacles faced in resolving disputes over land ownership of the Tampaksiring State Palace by the people in the village of Manukaya. The research method used is Empirical Law. This research uses: a sociological approach, a statutory approach, and a fact approach in conducting research. Primary data comes from the results of field interviews which are then linked to legislation relevant to the case in the field and secondary data comes from: law books and legal journals that support primary data. Interview techniques were carried out as research data collection, library research techniques, and observation. The disputed land belonging to the Plaintiffs which was released by the Government was used as Housing for the employees of the Tampaksiring Presidential Palace at the time of release, the proof of ownership was still in the form of Girik/details of the 1948 Klasiran and Petok D. In the trial it turned out that the government, in this case the Tampaksiring State Palace, was able to prove it with evidence: Letter of application for Rights Use, dated January 27, 1986. Therefore, the community should first check the completeness of the evidence along with the certificate and the government should also increase efforts to prevent land disputes between the parties.]]>
<![CDATA[Perlindungan Hukum terhadap Pekerja Perempuan di Anantara Uluwatu Bali Resort ]]>
<![CDATA[Ida Ayu Intan Surya Dewi]]>;
<![CDATA[Ni Komang Arini Styawati]]>;
<![CDATA[I Wayan Arthanaya]]>
<![CDATA[ Jurnal Preferensi Hukum Vol. 3 No. 2 (2022): Jurnal Preferensi Hukum ]]>
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DOI: 10.55637/jph.3.2.4945.364-369
<![CDATA[Development is very dependent on workers because workers/workers have a very important role as actors and the purpose of the development of legal protection, in this case, becomes essential to protect the rights of workers. The Covid-19 pandemic adds to the burden carried by female workers because of the change in the work system to work from home. Despite working, female workers are also burdened by household chores. In addition, other contributing factors that make women workers more vulnerable to layoffs are because women are considered physically and mentally weak, violence and discrimination. The purpose of this research is to describe the implementation of the regulations for women workers at the Anantara Uluwatu Bali Resort Hotel and to discuss the obstacles to the legal protection of women workers at the Anantara Uluwatu Bali Resort. The research method used is empirical legal research. Sources of legal material for empirical research usually come from interviews and observations which are the main sources of material, while sources of supporting materials are books and legal journals. The data collection technique was carried out through observation, accompanied by notes on the condition or behavior of the target object using documentation research techniques, and interview techniques. female workers who are pregnant until delivery, and rest periods. The rights and obligations of women workers at the Anantara Hotel Uluwatu Bali Resort are running well.]]>
<![CDATA[Fungsi Pengawasan Dinas Perhubungan dalam Penertiban Tarif Angkutan di Provinsi Bali ]]>
<![CDATA[Komang Ikka Shintya Daivi]]>;
<![CDATA[Anak Agung Sagung Laksmi Dewi]]>;
<![CDATA[Luh Putu Suryani]]>
<![CDATA[ Jurnal Preferensi Hukum Vol. 3 No. 2 (2022): Jurnal Preferensi Hukum ]]>
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DOI: 10.55637/jph.3.2.4946.370-378
<![CDATA[Public transportation is one part of the transportation sector that is widely used by the Balinese people. An important component in the operation of public transportation that must be considered is the determination of tariffs. The purpose of the study was to analyze the mechanism for controlling public transport fares by the Bali Provincial Transportation Service and to examine the obstacles during the implementation of controlling public transport fares in the Province of Bali. The research method in this paper uses empirical research using a sociological approach and a conceptual approach. The results show that the Government has limited authority in setting tariffs. The authority for public transportation rates for people in Bali Province includes online transportation, conventional taxis, and AKDP transportation. As a result of the pandemic, most entrepreneurs in the transportation sector have lost, this is a factor in the existence of fraud in the imposition of tariffs. In addition, the lack of PPNS personnel and the unavailability of special tools to read barcodes are also obstacles. The Department of Transportation is advised to review comprehensive tariff rules, as well as add PPNS members, and immediately budget for the availability of sophisticated equipment in order to overcome the obstacles that occur.]]>
<![CDATA[Efektifitas Pendaftaran Merek Hartlystore.id oleh Usaha Mikro Kecil Menengah (Umkm) di Kota Denpasar ]]>
<![CDATA[Kadek Bayu Dinata Putra]]>;
<![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.3.2.4947.379-384
<![CDATA[This article is motivated by the legal protection of trademarks; the legal protection of trademarks in Indonesia applies after trademark registration is carried out. MSMEs do not have legal protection if the MSME brand has not been registered. This tends to cause potential problems in the future, namely the misuse of brands by irresponsible parties because MSMEs do not have legal protection if the MSME brands have not been registered. Based on the previous explanation, this research aims to discuss the problem of implementing the registration of the hartlystore.id trademark in Denpasar City and what legal consequences will be obtained if the hartlystore.id trademark is not registered. The research method used is empirical legal research, empirical research provides answers to problems related to the reality that occurs in society related to the problems to be studied using a sociological approach, a statutory approach and a fact approach. The main legal source of this research is field research, namely research carried out by going directly into the field to obtain various kinds of data. While the supporting legal sources come from legal books and journals as well as previous research that is relevant to this research. Data collection techniques used are interviews and data observation in the field. From the results of the research, it was found that the implementation of the hartlystore.id trademark registration in Denpasar City had not run effectively this was due to the lack of understanding of MSMEs regarding trademark registration. The legal consequences that arise if the hartlystore.id Mark does not register its trademark, namely the hartlystore.id Mark will not get legal protection from the state if the hartlystore.id mark is imitated or falsified by other parties.]]>
<![CDATA[Sanksi Pidana terhadap Pelaku Pengeroyokan yang Menyebabkan Kematian (Putusan Nomor 399/Pid.B/2020/PN Dps) ]]>
<![CDATA[Putu Kayla Yunita Dewi]]>;
<![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.3.2.4948.385-390
<![CDATA[Beating is an act that causes someone to be physically injured on purpose, with that there is a need for legal protection for victims of beatings because it is very disturbing to the community. This is regulated in the Criminal Codebook II chapter V. The purpose of this research is to discuss the regulation of the criminal act of beating that causes death and to examine the judge's considerations in imposing criminal sanctions on perpetrators who kill by beating according to Judge's Decision Number 399/Pid.B/2020 /PN Dps. This research is normative research with a statutory and conceptual approach. Primary legal sources, namely legal materials in the form of legislation, namely: the Criminal Code, and Legal Decisions. Secondary legal sources, namely official legal materials that support previous materials in the form of literature, books, and scientific journals. The technique used in making this research uses the collection of document research materials, including existing legal arrangements. existing regulations, self-defense by taking vigilante freely is carried out arbitrarily without any sense of guilt. Meanwhile, the beatings are also related to Article 170 of the Criminal Code. The suggestion is that the Denpasar District Court provides confirmations for each decision issued by the judge so that criminal sanctions are in accordance with applicable regulations and so that in the future there will be no injustice created over cases that have been resolved and it is hoped that in the future the community will be wiser and it would be better if the public could report similar cases to the competent authorities (law enforcement officers), in order to protect and ensure legal certainty in the community.]]>
<![CDATA[Pertanggungjawaban atas Perdagangan Minuman Beralkohol terhadap Anak dibawah Umur Melalui Layanan Go-Shop di Kota Denpasar ]]>
<![CDATA[I Made Krisna Bagus Wisena]]>;
<![CDATA[Anak Agung Sagung Laksmi Dewi]]>;
<![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.3.2.4949.391-395
<![CDATA[This increasingly popular digital world is marked by the emergence of the internet and various devices or gadgets, the Go-Shop service feature on Go-Jek makes it easy for users to get goods including alcoholic beverages so there needs to be accountability for the affordability of alcoholic beverages purchases by minors. The purpose of this study is to discuss the factors that cause the sale of affordable alcoholic beverages to minors on Go-Shop services and to describe the form of accountability for alcoholic beverages traded to minors through Go-Shop services at Go-Jek in Denpasar City. The research method in this article uses empirical research methods, using a sociological approach, and a statutory approach. Sources of legal materials consist of: primary and secondary sources of legal materials. The data sources used were traced by document study techniques centered on legislation and various literature relevant to the object of research as well as interview techniques conducted on informants and respondents. As for the results of this study, it can be concluded that the internal factors of underage children consume alcohol out of curiosity, while the external factors are due to social influences, especially association. Regarding the accountability for the affordable purchase of alcoholic beverages by minors, it can be addressed to partners or even parents or guardians of minors, as well as PT Go-Jek.]]>
<![CDATA[Analisa Yuridis Pengangkatan Seorang Mantan Narapidana Korupsi Menjadi Komisaris Bumn ]]>
<![CDATA[Ni Kadek Lia Sri Padmiani]]>;
<![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.3.2.4950.396-400
<![CDATA[BUMN is a state-owned enterprise where all or most of the capital owned by the state through direct investment comes from separated wealth. In practice, there are still several cases where there is the appointment of a person who has become a former corruption convict to serve as a commissioner of BUMN. The regulation regarding the appointment of BUMN commissioners has been regulated in the provisions of the Law on BUMN. The purpose of this research is to discuss the regulations and legal consequences in the appointment of former corruption convicts to become BUMN commissioners. The type of research that will be used in this research is normative legal research, using a statutory approach and a conceptual approach. There are two sources of legal materials for this research, namely primary and secondary sources. Data collection techniques using literature research techniques. The results of the research explain that the appointment of former corruption convicts to become commissioners can be carried out if the person is not found guilty within 5 years before the nomination. In the appointment of former corruption convicts to become commissioners of SOEs, three conditions must be met, namely formal, material and other requirements. There are two efforts that can be made to the appointment of former corruption convicts to become commissioners of BUMN, namely ordinary legal remedies and extraordinary legal remedies.]]>
<![CDATA[Implementasi Peraturan Gubernur Bali Nomor 1 Tahun 2020 Tentang Tata Kelola Minuman Fermentasi di Singaraja ]]>
<![CDATA[Made Sanjaya Rama Putra]]>;
<![CDATA[I Ketut Kasta Arya Wijaya]]>;
<![CDATA[Luh Putu Suryani]]>
<![CDATA[ Jurnal Preferensi Hukum Vol. 3 No. 2 (2022): Jurnal Preferensi Hukum ]]>
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DOI: 10.55637/jph.3.2.4951.401-406
<![CDATA[In running an alcoholic beverage trading business, of course, you must have a permit. With the issuance of Bali Governor Regulation No. 1 of 2020 on The Governance of Fermented Beverages and/or Distillation typical of Bali aims to establish production standardization to ensure the safety and legality of fermented beverage products and or distillation, especially typical of Bali. The purpose of the research was to discuss the application of the Governor of Bali regulation number 1 of 2020 in the distribution permit of Balinese fermented drinks in Singaraja and to describe the obstacles faced in implementing the regulation of the Governor of Bali number 1 of 2020 concerning the governance of fermented Balinese wine in Singaraja. The research used the type of empirical research. This research approach uses a sociological approach and a factual approach. The sources of legal materials for this research consist of primary and secondary sources. Data collection techniques used are interview techniques and field observations. The results found that the implementation of Bali Governor Regulation Number 1 of 2020 concerning Governance of Balinese Fermented/Distilled Drinks in the distribution permit for Balinese fermented wine in Singaraja is just waiting for technical instructions, so until now the implementation in the field has not been running as it should. Obstacles encountered include monitoring efforts and still waiting for cooperation with companies that already have distribution permits.]]>
