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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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Tanggung Jawab Penyedia Layanan Kesehatan Aplikasi Pedulilindungi terhadap Keamanan Data Pribadi Konsumen Ni Kadek Marantina Dewi; I Nyoman Putu Budiartha; I Nyoman Subamia
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.3.2.4952.407-412

Abstract

One proof that someone has been vaccinated is with a certificate that can be seen through the PeduliLindung application. However, there were complaints from a number of people regarding the issue of leaking personal data in the PeduliLindungi application, making the public less sure of the effectiveness of the application. Thus, this research aims to discuss the regulations and policies of the government for the protection of personal data and what is the responsibility of the PeduliLindung application service provider for the data of a consumer in health services. The research method used is the normative method. The approach used is a statutory approach and a conceptual approach. The main material of this research is legislation related to the cases raised in this research, while the supporting materials are books and legal journals that are relevant to the research. The results of this research show that personal data contained in the Cares Protect application includes name, date of birth, complete address, gender, and nationality. In various countries, special rules have been formulated regarding the protection of personal data, but so far Indonesia does not have such regulations. This issue is only regulated in Article 26 of the ITE Law. It is hoped that the government will soon enact a bill on PDP in Indonesia. So that later it can provide a deterrent effect and minimize the illegal spread of personal data in the PeduliLindungi application.
Upaya Kemenkumham dalam Penanggulangan Tindak Pidana Peredaran Narkotika yang Dilakukan Petugas Lembaga Pemasyarakatan I Nyoman Arya Mugi Raharja; Anak Agung Sagung Laksmi Dewi; 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.3.2.4954.413-418

Abstract

Currently, a serious problem for the Indonesian state is the circulation of narcotics. Correctional institutions are also affected by the circulation of illicit narcotics, even though the institution is an isolated place, it can be carried out by officers, therefore it needs countermeasures from the Ministry of Law and Human Rights as the ministry that oversees correctional institutions. The aims are to analyze the cause of the circulation of narcotics in Class II A Kerobokan Penitentiary and to examine the efforts of the Ministry of Law and Human Rights in following up on narcotics trafficking crimes carried out by officers of Class II-A Kerobokan Penitentiary. Empirical legal research is used in compiling this research by using a sociological approach, a statutory approach, and a conceptual approach. The sources of legal materials for this research consist of primary and secondary data. Primary data is the main data resulting from observations made during the research, this data is data from interviews with respondents. Secondary data, namely supporting data for primary data, this data is obtained through legal sources. In this research, data collection techniques use direct interviews with sources. The results show that the correctional officers committing narcotics trafficking crimes were caused by several factors such as economic factors, mental factors, environmental/social factors, and inmates who were not rehabilitated. Improving the Quality of Correctional Officers, Improving Facilities and Infrastructure, Preventing Overcrowding, Providing Appropriate and Attractive Compensation, Conducting Routine Rotation of Narcotics Dealers, Urine Testing for Correctional Officers, imposing strict sanctions on Correctional Institution officers who are found to have violated the rules in these illicit goods, in accordance with Law No. 35 of 2009 on Narcotics.
Kedudukan Hukum Akta Jaminan Fidusia yang ditandatangan oleh Para Pihak Diluar Wilayah Kerja Notaris di Denpasar Ni Kadek Shonia Virgayanti; Nella Hasibuan O’leary; Ni Made Sukariati 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.3.2.4955.419-423

Abstract

Notaries when carrying out their duties must be based on the Law on Notary Positions (UUJN) and the Notary Code of Ethics. This research was carried out with the aim of knowing the implementation of the preparation of the Fiduciary Guarantee Deed (AJF) by a Notary, and finding out the legal position of AJF which is signed by parties outside the Notary's working area. This research is empirical research, problem approach with descriptive research type and juridical-empirical approach. There are several sources, namely primary material sources and secondary material sources. Where the primary material source comes from the legislation related to the research case. While the secondary material comes from the results of interviews that support the primary material as well as relevant legal books. Data collection techniques are interviews and library studies. The results of the research show that AJF is made by a notary when someone appears and asks for the service. AJF is then registered to obtain a Fiduciary Guarantee Certificate. The legal position of the AJF that is compiled is not in the area where the Notary works, that is, the deed acts like an underhand deed. The notary has a dispensation to draw up the deed, not in the vicinity where he works, it is in an open inheritance area.
Penegakan Hukum terhadap Tindak Pidana Korupsi Dana Bantuan Sosial Pandemi Covid-19 yang dilakukan oleh Pejabat Negara Ni Komang Sri Herawati Octa; 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.3.2.4956.424-429

Abstract

Indonesia is a legal state (Rechtsstaat) not based on mere power (Machtstaat). Weak law enforcement in Indonesia causes crimes such as corruption in social assistance funds among state officials to increase. The purpose of this research is to analyze the regulation of corruption in social assistance funds and to discuss law enforcement of criminal acts of corruption in social assistance funds in an effort to recover state losses. This type of research is normative research, using a statutory approach and a conceptual approach. Sources of legal materials consist of primary and secondary materials. The technique in collecting legal materials with data collection is by quoting than in the data in a freelance record by recording the name of the author, book title, publisher name, publisher year, and page number quoted. The regulation of criminal acts of corruption in social assistance funds carried out by state officials is regulated in Article 3 of Law No. 20 of the Year with the threat of life imprisonment or imprisonment between 1 to 20 years and a fine as stipulated in this article. Sanctions for criminal acts of corruption in an effort to recover state losses are regulated in Article 18 Paragraphs (1) and (2) of Law No. 20 of 2001 concerning the Eradication of Criminal Acts of Corruption. Law enforcers are expected to give the fairest sanctions to the perpetrators according to their actions so that these sanctions are beneficial for the perpetrators and the injured party.
Perempuan Korban Tindak Pidana Kekerasan dalam Rumah Tanggapada Masa Pandemi Covid-19 Ida Ayu Viony Adniasari; 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.3.2.4957.430-436

Abstract

Domestic Violence is a very serious threat for women because not only is the number of cases of violence experienced increasing, but the increase is also increasingly worrying. The number of female victims who experience domestic violence continues to increase every year, especially during the time the coronavirus spreads. The purpose of this study is to discuss the factors that cause women to become victims of criminal acts of domestic violence during the Covid-19 pandemic and to analyze countermeasures that can be taken to prevent women from becoming victims of criminal acts of domestic violence during the Covid-19 pandemic. -19. In conducting research, empirical law is used through criminological techniques used in research. Sources of legal materials consist of primary and secondary materials. The technique in collecting legal materials with data collection is by quoting, letting go, and providing proposals for legal materials than in the data in a loose note by recording the name of the author, book title, publisher name, publisher year, and page number quoted. The conclusions from the results of this study are the factors that women become victims of criminal acts of domestic violence include personality characteristics, past trauma, narcotics abuse, economic problems and the social environment. Countermeasures in the context of preventing women from becoming victims of criminal acts of domestic violence can be carried out in a preventive and repressive manner.
Implementasi Peraturan Daerah Kabupaten Klungkung Nomor 2 Tahun 2018 tentang Retribusi Pelayanan Pasar Gede Dwiki Cahyadi; Anak Agung Sagung Laksmi Dewi; 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.3.2.4959.437-442

Abstract

The traders who sell in the Public Market owned by the Klungkung Regency Government have an obligation to pay a market levy. The Regional Government together with the Klungkung Regency Cooperatives and UMKM Service are institutions in charge of retribution in accordance with statutory regulations. The purpose of this study is to discuss the implementation of the Klungkung Regency Regional Regulation No. 2 of 2018 on Levy Taxes and to examine the legal consequences of the Klungkung Regency Regional Regulation No. 2 of 2018 concerning Market Service Fees, Especially in the Semarapura Market. This study uses an empirical method using a sociological approach, a conceptual approach, and a factual approach. Market levies have an influence on local revenue (PAD) as a significant source of revenue for routine and development financing in an autonomous region. The continuation of the Covid-19 pandemic, namely realizing the abolition of fines if the market retribution arrears are more than two months and only required to pay the principal, referring to the policies issued by the cooperative and MSME services as government institutions that take shelter in managing user charges. Public markets in Klungkung Regency that are required to pay a levy are Semarapura Public Market, Galiran Public Market, Kusumba Public Market, Mentigi Public Market, and Senggol Public Market.
Tindak Pidana Penipuan Investasi Fiktif di Pasar Modal Menggunakan Skema Piramida Ni Putu Rai Santi Pradnyani; I Nyoman Putu Budiartha; 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.3.2.4960.443-449

Abstract

The rise of investment fraud in Indonesia has been driven by several factors, such as a lack of public awareness of the financial sector, especially legal investments, and the plight of those seeking high returns ignoring risk. The victims of fictitious investment are not only from the lower middle class, but also the educated or upper class with higher education. This research aims to find out how the legal arrangements for investment managers to commit fraud in the capital market using a pyramid scheme, and the criminal sanctions they will receive. This research is normative legal research conducted with a case and legislation approach. As a result, in cases of fraud, two sides can be found, namely the side that is deceived (the victim) and the side that deceives (the perpetrator). Capital Market Law stipulates a regulation whereby parties are required to follow the principle of transparency in trading securities and conducting public offerings on the secondary market. The criminal sanction for fictitious investment managers to commit fraud in the capital market using a pyramid scheme is where the perpetrator performs deviant behavior that meets certain requirements to be subject to criminal sanctions.
Kepemilikan Satuan Rumah Susun Bagi Warga Negara Asing Di Indonesia Anak Agung Ngurah Sentana Putra; I Nyoman Putu Budiartha; Ni Made Puspa Sutariujianti
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.3.2.4961.450-454

Abstract

The Indonesian Flats Ordinance is regulated by the Ministerial Ordinance or the head of the agency that handles affairs in the agricultural sector and aims to create legal certainty and protection for the owner of the right or house. The purpose of this research is to discuss the regulation of foreign houses in Indonesia and to find out what the meaning of foreign house law is in Indonesia. The sources of legal materials for this research are primary and secondary legal materials, where primary legal materials come from legislation relevant to the case raised. Meanwhile, secondary legal materials come from legal books and journals that can support primary sources. The collection of primary and secondary legal materials is carried out by collecting, reading and recording legal materials. However, first an agreement must be reached between the owners of the land rights, then the rights are submitted to the State Land Agency (BPN) under the attorney's power to sell the alternative, and so on. The process of transferring the right to housing into the use rights of foreigners. In addition, the legal impact of foreign housing ownership in Indonesia based on Government Regulation of the Republic of Indonesia Number 103 of 2015 aims to provide legal certainty regarding permits for foreign citizens. (Foreigners) own a flat (salsun)/apartment built on a plot of land that has the right to be used.
Implementasi Peraturan Pemerintah Nomor 24 Tahun 2016 terhadap Daerah Kerja Pejabat Pembuat Akta Tanah Anak Agung Sagung Saviti Mahawishwa Karmani; I Nyoman Putu Budiartha; Ni Gusti Ketut Sri Astiti
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.3.2.4962.455-460

Abstract

The arrangement of the PPAT work area is formulated in PP No. 24 of 2016 Article 12 Paragraph 1 formulates that the PPAT working area includes the province where the PPAT office is located. This research discusses the implementation of the PPAT work area and the sanctions that will be obtained if the PPAT exercises authority outside its working area. This research aims to discuss the legal arrangements regarding the work area of ​​the Land Deed Making Official and to find out the sanctions against the Land Deed Maker Officer who exercises authority outside the work area. This research is normative research using a statutory approach and a conceptual approach. The sources of legal materials for this research consist of primary, secondary, and tertiary sources of material. The collection of primary and secondary legal materials is carried out by collecting, reading, and recording legal materials in accordance with the laws related to the issues in this research. The results of this research explain that PP no. 24 of 2016 in Article 12 Paragraph 1 is not implemented according to the contents of the regulation. There is no article that explains the sanctions if the PPAT does not carry out the work area of ​​one province so that the PPAT who exercises authority outside the work area does not get sanctions. This implementation contradicts the Lex Posterior Derogat Legi Priori Principle.
Sanksi Pidana terhadap Kecurangan dalam Laporan Dana Kampanye Pemilihan Umum di Indonesia Ni Nyoman Sonia Santhy Suryani; 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.3.2.4963.461-465

Abstract

In 2019, Dr Somvir, a legislative candidate for Bali Regional People’s Representative Council, reported his campaign fund was zero rupiah, which was later reported to Election Supervisory Body Bali as a case of suspicion of fraud in the campaign fund report. The fraud was manipulating the number of campaign funds received or used. The purpose of this study is to discuss the legal arrangements regarding general election campaign finance reports in Indonesia and to examine the criminal sanctions imposed on fraud in general election campaign finance reports in Indonesia. The research method and problem approach used is a normative method with a conceptual and statutory approach. The results of this study explain campaign fund report is regulated on Law Number 7 of 2017 about General Election and Regulation by General Election Commission Number 24 of 2018 about Campaign Fund in General Election. Criminal sanctions for fraud in campaign fund reports in the Indonesian general election could be confinement, imprisonment, and fines, which are regulated on Article 496 and 497 Law Number 7 of 2017. The government needs to explain clearly the meaning of information in campaign fund reports in the general elections.

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