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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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Perlindungan Hukum terhadap Warga Negara Asing Korban Tindak Pidana Penipuan dan Penggelapan Sewa Menyewa Tanah I Wayan Ari Subakti; Anak Agung Sagung Laksmi Dewi; Ni Made Sukaryati Karma
Jurnal Preferensi Hukum Vol. 1 No. 1 (2020): Jurnal Preferensi Hukum
Publisher : Warmadewa Press

Legal protection is all efforts to fulfill human rights and it is offered to the broad individual so that everyone can get a sense of comfort and peace in running life without a certain threat arising from other societies, thus the community does not complain about the existence of an enforcement the rules. Criminalization is a process that arises as a result of an act carried out by each individual, where it is given a binding sanction. The purpose of this research is to find out the meaning and components in deception and embezzlement and to explain the legal protection of foreign people who are victims of the crime of renting land. This research uses normative legal methods. Deception is an act based on what someone does with regard to goods. The elements of a criminal offense are to persuade another person to hand over an item. While embezzlement of goods is an act that can harm a person in order to benefit himself. The elements of embezzlement are: whoever, an item, all or the other people who are in their territory is not a crime, by fighting the law and being aware. The legal protection of foreigners against evasion and fraud in renting land is regulated in the Criminal Code article 378 of the Criminal Code

Sanksi Pidana bagi Pelaku Penyebaran Berita Hoaks serta Ujaran Kebencian dengan Memakai Akun Anonym I wayan Denny Syaputra; I Made Arjaya; Diah Gayatri Sudibya
Jurnal Preferensi Hukum Vol. 1 No. 1 (2020): Jurnal Preferensi Hukum
Publisher : Warmadewa Press

Crime in cyberspace is a crime with computer technology, especially the internet. One example is the spread of hoaxes and expressions of hatred. This research was conducted to determine the arrangements for spreading hate speech based on positive law, the legal consequences arising when someone is proven to spread hate speech and spread hoaxes, and efforts and steps taken to prevent the spread of hoax news and hate speech so as not to spread in the community. This research is a type of normative legal research with a statutory approach and conceptual approach. Arrangements for the dissemination of hoax news and expressions of hatred based on positive law have been explicitly regulated in the Criminal Code, which is found in Article 154 of the Criminal Code, Article 154a, Article 156, Article 156a, and Article 157 paragraph (1) and paragraph (2). Besides being regulated in the Criminal Code utterances of hate are regulated outside of the Criminal Code, including in Law No.40 of 2008 concerning the Elimination of Racial and Ethnic Discrimination, which is contained in Article 16, and is also regulated in Law No. 19 of 2016 concerning Renewal of Law No. 11 of 2008 concerning ITE has also regulated the distribution of hate speech through cyberspace, which is contained in article 27, article 28 paragraph (1) and paragraph (2), article 40 paragraph (2) and article 45 paragraph (2) due to the law incurred if someone is proven to have committed a crime of spreading hoax hoaxes and expressions of hatred can be jailed for 2 years, 3 years and even up to 10 years

Perlindungan Hukum terhadap Konsumen Parkir dalam Hal Terjadi Kehilangan di Area Parkir Lapangan Renon Kota Denpasar Ida Bagus Kade Ari Dwi Putra
Jurnal Preferensi Hukum Vol. 1 No. 1 (2020): Jurnal Preferensi Hukum
Publisher : Warmadewa Press

Consumer protection is an effort that is used to protect consumers, one of which is consumers of parking service consumers, so a Parking Area Company was established. The purpose of this study was to determine the Application of Regional Regulation No. 11 of 2005 concerning Parking Operational Systems in Denpasar City and the efforts of the Denpasar City Parking Area Company in protecting lost parking service users in the parking area of Renon Field in Denpasar. This research uses an empirical juridical method with a sociological approach to law. Data collection methods used in this research are interview and literature study methods. The data in this study were sourced from primary and secondary data. The results of this study are there are still parking rates that do not comply with the provisions, there are still parking officers who collect parking in areas that have parking restrictions and there are still officers who do not want to serve consumers well. The effort of parking area companies in protecting consumers is by conducting evaluation activities every year, improving security services by holding parking attendant training every year and encouraging parking consumers to participate in protecting their luggage

Perlindungan Hukum bagi Notaris dalam Melegalisasi Akta Dibawah Tangan yang menjadi Objek Sengketa Ida Ayu Chandra Cintiadewi; I Nyoman Putu Budiartha; Ni Gusti Ketut Sri Astiti
Jurnal Preferensi Hukum Vol. 1 No. 1 (2020): Jurnal Preferensi Hukum
Publisher : Warmadewa Press

A notary public genuinely serves as a public official appointed directly by the state, of which the authority is to make a deed as regulated in Notary Position Act (in Indonesian called UUJN-P). In addition to the main duty of making an authentic deed, the notary has the authority to legalize the deed made under the hand. Legal protection for Notaries is regulated in Article 66 of UUJN-P. This study aims to put up a standpoint of the legal regulatory concerning the authority of a Notary in making the deed under the hand which is the object of a dispute and legal protection for the Notary concerned in legalizing the mentioned deed. Using normative research method supported by empirical data, the results of the study show that, firstly, regarding the Notary authority in making a deed is divided into two, an authentic deed (notarial deed) and a deed under the hand. In the legal power of its evidence in court, a deed made under the hand can be evidence according to Article 1866 BW, but is not as perfect as an authentic deed because when the formal and material conditions of the agreement are recognized by the parties, since then the power of the deed under the hand becomes a strong evidence in the court. Secondly, legal protection can be realized through preventive and repressive efforts, but what is regulated in UUJN-P is not comprehensive yet it only protects the outside, a deadline indicates a weakness to protect. Making new regulations or adding clear elements of legal protection can clarify the position of the Notary to protect themselves in a conflict that results in litigation aimed at maintaining the honor of the Notary profession in society.

Tinjauan Yuridis terhadap Pembelaan Terpaksa (Noodweer) sebagai Alasan Penghapus Pidana lda Ayu Mirah Widnyani; Anak Agung Sagung Laksmi Dewi; Ni Made Sukaryati Karma
Jurnal Preferensi Hukum Vol. 1 No. 1 (2020): Jurnal Preferensi Hukum
Publisher : Warmadewa Press

Defending one’s self in a forced state, or in the Criminal Code known as “forced defense” (Noodweer), arose as a result of a situation where a victim of an act of crime was in a coercive situation or state so as to be forced to carry out self-defense. A person becoming a victim of a crime has the space to make use of power and efforts to defend and save his/her possessions, honor, and soul. This research highlights two issues related to this. First, which type of crime is included in forced defense? Second, what is the legal basis for the elimination of criminal acts against a person doing self-defense in a coercive state in a crime? To uncover these issues, this research was conducted using the design and method of normative legal research with statutory and conceptual approaches. The results show that the concept contained in Article 49 Paragraph 1, interpreted as a noodweer, aims to protect oneself and others, the honor of one’s own morality or property, which when compared to the criminal acts of robbery referred to as being clearly considered the noodweer. ln addition, the legal basis for the elimination of criminality against the act of noodweer is the legal conclusion resulted from the facts revealed at the trial and the values to uphold, that is, to appraise and understand the sense of justice living in the community according to the judge’s point of view. Based on this fact, noodweer and the basis for the elimination of criminal acts against self-defense if compared to related cases have been considered as noodweer in accordance with Article 49 Paragraph 1. Further research is expected to further broaden the scope or coverage of research on the self-defense.

Pertimbangan Hakim dalam Menjatuhkan Pidana terhadap Tindak Pidana Pencurian dengan Pemberatan yang Dilakukan oleh Anak Ida Bagus Agung Pariama Manuaba; I Nyoman Sujana; Ni Made Sukaryati Karma
Jurnal Preferensi Hukum Vol. 1 No. 1 (2020): Jurnal Preferensi Hukum
Publisher : Warmadewa Press

Judge's considerations are matters which are the basis or are considered by the judge in deciding a crime case. Crime Theft is an act that is classified as a general crime in which a crime against the property of another person. Theft with weighting is a criminal act of theft which in its implementation is accompanied by certain elements so that it is more severe and threatened with higher penalties. Child is a person who is not yet eighteen (18) years old, including those who are still in the womb. In settling a child case, the judge must consider the report in the trial regarding the child concerned. This study aims to determine the criminal considerations and sanctions imposed by the judge on criminal theft with weighting carried out by children. This study uses a normative legal research method with a statutory approach, conceptual approach and case approach. The legal materials studied are primary legal materials, secondary legal materials and tertiary legal materials. The results of this study indicate the judge's judgment in imposing a crime against a child who commits a crime of theft by weighting it based on the elements of the crime committed as well as things that alleviate and incriminate the crime against the child. Criminal sanctions imposed by a judge against a child who commits an act of theft by weighting based on the Court's Decision and the provisions of Article 363 paragraph (1) of the 4th KtoP Jungto Article 65 paragraph (1) of the Criminal Code and other laws relating to the case state that the child is proven legally and convincingly guilty as well as convicting a child of seven months in prison.

Perlindungan Hukum terhadap Karya Cipta Fotografi I Kadek Candra Wisesa; Desak Gde Dwi Arini; Luh Putu Suryani
Jurnal Preferensi Hukum Vol. 1 No. 1 (2020): Jurnal Preferensi Hukum
Publisher : Warmadewa Press

The richness in the diversity of arts and cultures can be found in the Republic of Indonesia. Intellectual property rights obtain protection as stipulated in legislation, including Law Number 28 of 2014 concerning Copyright. The advancement in technology and the increasingly developing world of digital photography by means of digital cameras raises the legal issues of copyright in photographic works. The main issues examined in this paper are: the forms of legal protection of the rights of the creators of photographic works and the resolution of disputes of photographic works that are used without permission. The method used to examine this issue is the normative legal research method with a legislative approach. Copyright Protection of photographic works may be done in two ways, namely preventive in which legal protection given to the creator of photography which the creator shall done by registering the copyright, and repressive protection realised by filing a lawsuit in court if there is a violation of copyright in the photographic work. All rights reserved must always be appreciated by not committing violating actions which are arbitrarily committed especially if it relates to providing benefits for violators.

Perlindungan Hukum terhadap Pengusaha Sewa Menyewa Kendaraan Bermotor yang Dirugikan oleh Konsumen pada Perusahaan Paulus Rental Bike Kabupaten Badung Philipus Dian Anjaraka; I Nyoman Putu Budiartha; Luh Putu Suryani
Jurnal Preferensi Hukum Vol. 1 No. 1 (2020): Jurnal Preferensi Hukum
Publisher : Warmadewa Press

The development of the motor vehicle industry sector is currently growing rapidly both domestically and imported from abroad so that in this business such as manufacturers, dealers and traders of vehicles competing with each other to provide facilities to consumers in order to increase turnover trading. In this research, it discusses efforts to resolve disputes between business owners who are harmed by consumers in the non-litigation process, and analyzes the obstacles that occur in the resolution of such disputes. The method used in this study is the empirical research method. The data used are primary and secondary data. The results showed that efforts to resolve disputes between business owners, especially motor vehicle leasing when harmed by consumers, were carried out by non-litigation, namely by using an alternative dispute resolution outside the court with mediation and negotiation mechanisms to the tenants who had apologized by returning the money agreed by both parties. In addition, the inhibiting factor in efforts to resolve disputes between business owners who are disadvantaged by consumers in the dispute resolution process is the rule of law factor. In this case because the loss is classified in the civil realm, it requires time to prove the loss that must get legality from the court. Not only the rule of law, but also law enforcement factors that process cases for so long and slow respond.

Mekanisme Pembubaran Partai Politik di Indonesia Ramot H.P Limbong; I Gusti Bagus Suryawan; I Nyoman Sutama
Jurnal Preferensi Hukum Vol. 1 No. 1 (2020): Jurnal Preferensi Hukum
Publisher : Warmadewa Press

Political parties as legal entities may be subject to criminal liability as they are seen from the characteristic of political parties in accordance with the characteristics of the legal entity. The dissolution of political parties becomes one of the legal issues governed by Indonesian legislation. The problem of this research is: 1) how is the Constitutional Court Authority in the dissolution of political parties in Indonesia? 2) How is the mechanism of dissolution of political parties? The type of research and approach problems used is normative legal research and statutory approaches. The source of the legal material used is the primary source of legal material and the source of secondary legal material. The technique of collecting legal materials is the technique of library study. The collected legal materials are processed and analyzed using legal arguments. The result of this research is the procedure of the dissolution of political parties in the Constitutional Court as follows: Application submission, application registration and trial schedule, preliminary examination, trial examination, meeting Judge, the verdict of the Constitutional Court. The result of the dissolution of political parties may result in external rights and obligations, due to elected positions, due to the status of managers and members and the consequences of internal rights and obligations.

Kedudukan Hukum Perjanjian Kredit dalam Hal Objek Jaminan Fidusia Musnah I Gusti Agung Mas Cahyani Dewi; Anak Agung Sagung Laksmi Dewi; Ni Made Puspasutari Ujianti
Jurnal Preferensi Hukum Vol. 1 No. 1 (2020): Jurnal Preferensi Hukum
Publisher : Warmadewa Press

Crediting activities can be carried out by anyone who has the ability to initiate a loan agreement between the creditor / creditor and the recipient of the loan / debtor, this is regulated in article 8 of the Banking Act. This study aims to analyze the legal position in the credit agreement if the fiduciary collateral object is destroyed, and analyze efforts to resolve disputes due to the destruction of the fiduciary collateral object. The method used is an empirical method with the approach of legal sociology. The results showed that the legal position of the credit agreement if the fiduciary collateral object was destroyed either in the case that the object became the object had been insured or not insured by the owner of the object. The credit agreement remains and the debtor remains responsible for paying off the debt. With this situation, the creditor will turn into a concurrent creditor. Furthermore, in resolving disputes the destruction of fiduciary collateral objects, there are two ways, namely, if the object used as fiduciary collateral object by the debtor in a credit agreement is insured, the creditor can claim insurance for the collateralized object. Whereas if the object which is used as collateral has not been insured in this case the creditor has issued a credit and is taking care of the object's insurance, an undesirable event occurs by the debtor and the creditor, namely the destruction of the object used as collateral. Then the debtor must be held responsible by replacing the items pledged with new objects owned by the debtor and the selling price is the same as the credit issued by the creditor.

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Nyoman Gede Sugiartha

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preferensihukum@gmail.com

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Jl. Terompong No.24, Sumerta Kelod, Kec. Denpasar Tim., Kota Denpasar, Bali 80239

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Bali

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Home Page

OAI Link

Editorial Team

Contact

Reviewer

Google Scholar

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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Abstract

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