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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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Penegakan Hukum terhadap Pengendara Motor yang Tidak Menggunakan Helm saat Berpakaian Adat Bali di Wilayah Hukum Polres Tabanan Ni Made Yuli Ratna Dewi; I Nyoman Putu Budiartha; I Ketut Sukadana
Jurnal Preferensi Hukum Vol. 1 No. 1 (2020): Jurnal Preferensi Hukum
Publisher : Warmadewa Press

National integrity and development are strongly supported by the role of traffic and road transportation as a step to improve the welfare of the community. For those who ride motorbikes are required to use a helmet as a cycling equipment as stipulated in article 106 paragraph 8 of Law Number 22 Year 2009 concerning Traffic and Road Transportation. But there is a difference when someone who rides a special motorcycle wearing traditional Balinese clothes. The purpose of this research is to analyze the level of compliance of motorcycle riders in using helmets and analyze the obstacles of the police in upholding the law against violations while dressed in Balinese custom. The method used in this study is an empirical legal approach which is done by interacting directly with the object under study with a sociological and legislative approach. The technique used in collecting data is semi-structured interviews. The results of this study indicate that the level of compliance of the Tabanan community in traffic is still low because seen from data from 2016 to 2018 the number of violations tends to increase with the number of violations in 2016 as many as 1394 in 2017 as many as 1186 and in 2018 as many as 2424 violators. Even though in 2017 there has been a reduction in violations, it can still be said that the number of violations not wearing helmets in Tabanan Regency remains high, this reflects that the level of community awareness in Tabanan is still low. 2) The obstacles of the police in law enforcement against violations when dressed in Balinese custom are the lack of public awareness about understanding driving on the road, lack of facilities and infrastructure, lack of traffic police personnel.

Penegakan Hukum terhadap Pelanggaran Penggunaan Telephone Selular saat Berkendara I Putu Raditya; Ida Ayu Putu Widiati; I Made Minggu Widyantara
Jurnal Preferensi Hukum Vol. 1 No. 1 (2020): Jurnal Preferensi Hukum
Publisher : Warmadewa Press

Cellular Telephone is a communication tool that can connect people with others who are obstructed by distance and time. Its use is now a priority for most people. The level of traffic accidents caused by drivers who drive their vehicles while using the telephone is also increasing. In connection with the above it will be discussed regarding the regulation of the use of cellular telephone while driving as well as law enforcement for motorists who violate the use of cellular telephone while driving. In this paper the method used is a normative legal method which uses legal material collection techniques in the form of study documents and uses primary legal material sources such as legislation and secondary legal materials such as legal books which are then poured descriptively to get final conclusions. Then regarding the conclusions of the results of this study namely violations of the use of cellular telephones have explained that in driving there is no concentration to cause an accident and even to cause death then threatened with imprisonment and fines as regulated in Law No. 22 of 2009 concerning Past Road Traffic and Transportation. For law enforcement efforts to prevent the use of cellular telephones it is necessary to understand the community from adolescents to adults of the dangers and impacts of using cellular telephones when driving. So that safety can be created in driving with other public road users.

Pemberian Izin Peredaran Minuman Beralkohol Berdasarkan Peraturan Gubernur Bali Nomor 1 Tahun 2020 I Nyoman Sadhu Bramanta; Ida Ayu Putu Widiati; Luh Putu Suryani
Jurnal Preferensi Hukum Vol. 1 No. 1 (2020): Jurnal Preferensi Hukum
Publisher : Warmadewa Press

There are various kinds of businesses or activities in the field of trade, one of which is a trade or distribution of alcoholic drinks. Based on the Regulation of the Minister of Trade of the Republic of Indonesia Number 20 / M-DAG / PER / 4/2014 Article 18 Paragraph (1) that every company that trades alcoholic drinks is required to have SIUP-MB. Alcoholic drinks can only be traded by companies that already have a business license for alcoholic drinks in accordance with their classification. This research is important to be carried out with the aim to find out the mechanism for granting alcoholic beverage distribution license based on Bali Governor's Regulation No. 1 of 2020 and the implications of Bali's Governor's Regulation No. 1 of 2020 to alcoholic beverage trade businesses. This research is a normative legal research, namely by using the statutory approach. The mechanism for granting licenses for the distribution of alcoholic drinks based on Bali Governor Regulation No. 1 of 2020 is that business operators must follow procedures and fulfill certain requirements in applying for SIUP-MB, then submit a permit application to the Provincial Trade and Industry Office, after the issuance of a business by the Trade and Industry Office , then the business actor can carry out the desired trading business. Implications of Bali Governor Regulation Number 1 of 2020 Regarding the management of fermented drinks and/or distinctive distinctive Bali for the business of the alcoholic beverage trade, the benefits are felt, the crafters or farmers of fermented drinks and/or distinctive distinctive Bali have legal certainty and certainty of trying to do fermented and distillation drinks production activities typical of Bali.

Pelaksanaan Asimilasi dalam Pembinaan Anak Negara di Lembaga Pemasyarakatan Karangasem I Made Satya Adhi Wicaksana; I Made Minggu Widyantara; I Pt Gd Seputra
Jurnal Preferensi Hukum Vol. 1 No. 1 (2020): Jurnal Preferensi Hukum
Publisher : Warmadewa Press

Assimilation embodies the correctional principle which requires that prisoners not be separated from society. This assimilation was given in order to provide guidance for prisoners, provide skills or education for prisoners to prepare themselves to live independently in the community after being free to undergo criminal justice. Assimilation can allow providing opportunities for prisoners to be able to socialize with the community through coaching, as well as activities carried out with the community. So that later when it is free to be able to return to the midst of society as part of the community and that is not less important, it can provide provision of education and skills that can be used in the community later. The formulation of the problem in this study is: how is the implementation of assimilation as an effort to foster State Children in the Karangasem Correctional Institution and what obstacles are faced in implementing assimilation in the Karangasem Penitentiary. The type of research used in this study is empirical legal research. The results of the discussion in this study are as follows: Implementation of assimilation in the Karangasem Penitentiary based on the Decree of the Minister of Justice of the Republic of Indonesia Number M.01. PK.04-10 of 1999, and for prisoners related to drug cases, especially users, the coaching is carried out strictly, making it difficult to give assimilation efforts. The obstacles faced in the implementation of assimilation in the Karangasem Penitentiary include: the lack of officers of Karangasem prison institutions who have professional and professional education, lack of interest in serving people in Karangasem Prison, lack of implementing officers for prisoner training, experts are still less like psychiatrists, psychologists, sociologists, doctors and others according to the operational technical needs of Karangasem state detention centers.

Perlindungan Hukum terhadap Konsumen yang Dirugikan pada Transaksi Elektronik di PT. Orindo Alam Ayu Ratih Cahya Pramitasari; I Nyoman Putu Budiartha; Ni Made Sukaryati Karma
Jurnal Preferensi Hukum Vol. 1 No. 1 (2020): Jurnal Preferensi Hukum
Publisher : Warmadewa Press

In this Development Era, the rapid development of electronic-based trading. Of course the need for the internet as a medium that connects important online shopping pages. This is what is called E-Commerce, which is a form of electronic-based trading. One company engaged in electronic commerce uses PT. Orindo Alam Ayu. Therefore, the authors are interested in discussing various problems that often occur in this company by pouring in the form of a thesis entitled Legal Protection Against Consumers who are disadvantaged in electronic transactions at PT. Orindo Alam Ayu, with the formulation of the problem 1) How is the legal protection for consumers who are disadvantaged in electronic transactions at PT. Orindo Alam Ayu? 2) How to resolve disputes against consumers who are disadvantaged through electronic transactions at PT. Orindo Alam Ayu? The research method used is empirical research.A loss that is often experienced by consumers who make electronic transactions at PT. Orindo Alam Ayu can do the transfer. Shipping and delivery of goods from PT. Orindo Alam Ayu to the consumer. Consumers take advantage of time, because they have to make complaints to the business, to the channeling of funds, namely banks. Therefore, PT. Orindo Alam Party business assistance here As well as resolving disputes over consumers by fixing money disputes related to each consumer. So the final settlement does not reach the end of the path, licensing can be completed properly.

Pertimbangan Hakim dalam Memutus Tindak Pidana Pembobolan Bank melalui ATM Ida Ayu Gede Kristina Dewi; I Nyoman Gede Sugiartha; Ida Ayu Putu Widiati
Jurnal Preferensi Hukum Vol. 1 No. 1 (2020): Jurnal Preferensi Hukum
Publisher : Warmadewa Press

Nowadays, advances in technology and information, criminal acts also often occur, automatic teller machines (ATMs) in the banking world are a form of Bank Customer Service that uses machines or can be said as well as electronic devices. Service is an important factor in attracting the attention of customers. Because of this technological sophistication as we know cyber crime, crime is a new form of contemporary crime that has been in the spotlight worldwide. Internet users here become victims because of crime through this electronic system by utilizing and seeing their virtual. In this research, there are at least two problems of violating the automatic cash register (ATM) account theft account: And (2) how is the judge's consideration in determining the crime of bank robbery through an ATM. The research method used is information retrieval using a normative approach based on legal sources, study of literature in studying the legal materials of the legislation as a process to find the rule of law, legal source collection techniques used in this research are records and documentation. Based on research it can be started that the criminal sanctions regulation against account robbery criminal acts. Through the Automatic teller Machine (ATM) in the Criminal Code law contained in Article 362 of the Criminal Code, in the ITE Law the theft is contained in Article 30 paragraph (1), Article 30 paragraph (3), Article 32 paragraph (2), Article 32 paragraph (3 ), Article 36. And there is an addition to Law Number 3 of 2011 concerning the transfer of theft funds contained in Article 81, Article 83 paragraph (1), Article 83 paragraph (2), decision number: 688 / PID. B / 2012 / PN. The judge ruled the case that the defendant was firmly proven legally and convincingly guilty of committing a crime against the law of buying, renting, exchanging, accepting as a promise, accepting as a gift or by accepting as a gift or in the hope of getting a profit selling, saving, exchanging, mortgaging, transported, stored or hidden items.

Efektivitas Peraturan Daerah Kabupaten Bangli Nomor 15 Tahun 2011 tentang Pajak Hotel I Wayan Geng Krisna; Ida Ayu Putu Widiati; Luh Putu Suryani
Jurnal Preferensi Hukum Vol. 1 No. 1 (2020): Jurnal Preferensi Hukum
Publisher : Warmadewa Press

Over time with the development of the economy in Bangli Regency, especially in the field of tourism, developments in the field of tourism will lead to an increase in the number of tourists coming to Bangli both local and foreign tourists. So it has a positive relationship with the increasing number of hotels in Bangli, as well as causing the growth of hotels in Bangli to develop rapidly. This shows that hotel tax has an important role in encouraging regional development and increasing local revenue in Bangli Regency. Referring to the matter of this writing problem as follows: how is the effectiveness of the Regional Regulation of Bangli District Number 15 of 2011 concerning Hotel Taxes on the increase of Local Original Revenue (PAD) in the Regency of Bangli and how to increase the Regional Original Income carried out by the Bangli Regency government in implementing Regional Regulation Number 15 of 2011 concerning Hotel Taxes. This research uses empirical legal research. The results showed that: The effectiveness of Bangli Regency Regulation Number 15 of 2011 concerning Hotel Taxes based on the realization of Bangli Regency revenue targets has been effective. This result can be seen from the achievement of the tax realization target in Bangli Regency in the last 3 (three) years, namely: 2017 with a target of 50,000.0000.00 realization of 84,101,819.00 with a percentage of 168.20%. 2018 with a target of 65,000,000.00 realization of 73,130,121.00 with a percentage of 112.51%. 2019 with a target of 80,000,000.00 realization of 142,655,151.40 with a percentage of 178.32%. Efforts to increase hotel tax collection carried out by the Bangli Regency Regional Revenue and Asset Financial Agency are the first to conduct direct socialization to the community, the second to provide reawed or rewards to taxpayers who have obeyed their obligation to pay taxes, the third routinely verify taxpayer data, in addition to The effort made by the Bangli Regency Government in increasing hotel tax collection is by making effective tax collection using forced letters so that hotel tax collection in Bangli Regency is increasing and giving sanctions to taxpayers if they do not have the obligation to pay taxes.

Perjanjian Sewa Menyewa Tanah Adat di Desa Serangan Denpasar Selatan I Putu Elvin Mahendra; I Made Suwitra; I Ketut Sukadana
Jurnal Preferensi Hukum Vol. 1 No. 1 (2020): Jurnal Preferensi Hukum
Publisher : Warmadewa Press

The position of the Customary Village as a customary legal alliance, has the authority and obligation to control, regulate and manage all the land belonging to the Customary Village within the Customary Village area as customary rights. In entering into an agreement to lease customary land with another party, Desa Adat has the right to land in terms of granting permits based on agreements made by both parties. Agreements that have been agreed should be accountable so as not to lead to defaults in the future. The method used in this research is the empirical method, by reviewing the statutory procedures that apply in making lease agreements for customary land and using a sociological problem approach to social law relating to legal norms both in legislation and in awig-awig. In PERDA Number 4 of 2019 concerning Customary Villages in Bali regulates the duties and authority of the Customary Villagers in maintaining the economy of the village, so that they are authorized to carry out legal actions (agreements) especially lease agreements for customary land provided they have fulfilled the requirements of the shah. An agreement can be regulated in article 1320 Civil Code. Whereas regarding the application of sanctions for parties who defaulted in the lease agreement on customary land, it was given to those who violated the agreement based on the agreement of the village paruman. Where the sanctions can be resolved based on positive law in Indonesia, namely through the judicial process.

Upaya Hukum PT Bank Rakyat Indonesia (Persero) Tbk Unit Amlapura terhadap Debitur yang Wanprestasi dalam Usaha Mikro I Kadek Adi Payana; I Nyoman Putu Budiartha; Ni Made Puspasutari Ujianti
Jurnal Preferensi Hukum Vol. 1 No. 1 (2020): Jurnal Preferensi Hukum
Publisher : Warmadewa Press

Economic development in a country is highly dependent on dynamic development and tangible contributions from the development sector. Development in the economic field is the main driver of development, Micro Business plays an important role in development and economic growth, not only in developing countries but also in developed countries. The formulation of the problem in this study, is: 1. Default and Legal Consequences in Micro People's Business Credit Agreement at PT. Bank BRI, 2. Repayment of Debtor Debt in Credit Agreements at Bank Bri. The research method used is a type of normative legal research. The most important part of developing a micro business is borrowing venture capital obtained from loans obtained from a bank. In an agreement, the debtor sometimes fails or defaults. Default or non-fulfillment of the agreement can occur either intentionally or unintentionally. Parties who do not intentionally do this default can occur because they are not able to fulfill these achievements or are also forced to make these achievements. The problem in this study is the occurrence of default on a credit agreement, the data is processed and analyzed qualitatively. The purpose of the analysis is to minimize the risk of bad credit. Then sort out the loan application submitted based on the loan ceiling. Default or non-fulfillment of the agreement can occur either intentionally or unintentionally. Parties who do not intentionally do this default can occur because they are not able to fulfill these achievements or are also forced to make these achievements.

Perlindungan Hukum terhadap Data Pribadi Pengguna Jasa Transportasi Online I Gusti Dama Galang Devara; Anak Agung Sagung Laksmi Dewi; Ni Made Puspasutari Ujianti
Jurnal Preferensi Hukum Vol. 1 No. 1 (2020): Jurnal Preferensi Hukum
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/jph.1.1.2259.1-7

Technological developments have brought an impact on all community activities, one of which is the emersion of online transportation services such as those provided by Gojek, Grab, Uber, and others which do not only provide the services of riding but also the services of the delivery of goods, food and others. Using online transportation services requires users to download the application and register themselves. However, the personal data of the service users are often misused by drivers for certain reasons and purposes. To overcome and anticipate this, a strict legal regulation appearing as the legal umbrella to protect each online transportation user from misuse of their personal data by the driver is necessary. This study examines the forms of legal protection for users of online transportation services. Conducted in the design of normative legal research, the study makes use of articles and paragraphs of the laws on transportation and several other related laws. The results of the study indicate that legal protection for users of online transportation services from misuse of their personal data takes the form of repressive legal protection. Online transportation service users are permitted to file a civil suit to the online transportation service provider and to file a direct criminal suit regarding the acts of the driver, not on behalf of the online transportation service provider. Efforts to resolve the dispute-causing acts of misuse of personal data of online transportation service users can be made through deliberations, arbitration and courts. The three forms of settlement are in accordance with Article 45 Paragraph (1), (2) of the Indonesian Basic Agrarian Law and Article 6 of the Arbitration Law. Regarding the act of arbitrary canceling the use of online transportation services by service users appears a crucially urgent object to be studied from a legal perspective in the next studies.

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Nyoman Gede Sugiartha

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Home Page

OAI Link

Editorial Team

Contact

Reviewer

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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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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