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Nyoman Gede Sugiartha
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Jl. Terompong No.24, Sumerta Kelod, Kec. Denpasar Tim., Kota Denpasar, Bali 80239
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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 456 Documents
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Peralihan Kredit Pemilikan Rumah (KPR) Dari Pembeli Pertama Ke Pembeli Kedua di Bank BTN KC Cikarang dengan Akta Notaris M. Ilham Akbar Sadewa; Prihati Yuniarlin
Jurnal Preferensi Hukum Vol. 5 No. 3 (2024): Jurnal Preferensi Hukum
Publisher : Warmadewa Press

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Abstract

This study is about the transfer of home ownership credit from the first buyer to the second buyer because having a home is the right of every human being, especially the Indonesian people. This study uses a normative legal research method, namely a study that examines based on the principles, norms and rules of laws and regulations. The research materials used in this study are primary and secondary legal materials and the results of the study are analyzed prescriptively using the deductive method, namely general data on legal concepts, both expert opinions and legal facts to study and then provide a justification assessment of the object being studied. Legal protection is given to customers who transfer home ownership credit (KPR) at BTN Cikarang bank through the BTN Cikarang bank procedure, namely the termination of all rights from the first party and transfer to the second buyer in this case the new customer and the legal protection obtained from the second buyer who transfers home ownership credit without the bank's knowledge and through a notary in the form of an authentic deed made by a notary with notification to BTN Bank Kc Cikarang and the authentic deed of PPJB becomes the basis for AJB so that the second buyer can safely change the name of the certificate.
Kajian Instrumen Rekayasa Sosial dalam Mengontrol Produksi Berita pada Media Online Menurut Undang-Undang No 40 Tahun 1999 Tentang Pers Yosefina Daku
Jurnal Preferensi Hukum Vol. 5 No. 3 (2024): Jurnal Preferensi Hukum
Publisher : Warmadewa Press

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Abstract

In Indonesia, the role of the media in shaping public opinion is significant, making the regulation of news production even more important. Policy formulations that are considered ineffective in maintaining the quality of information and controlling news production can affect the social, security and political stability of a country. The interpretation of freedom of the press or freedom of expression is not an open space for producing news that is untrue or incomplete. The Law on the Press has become the main guideline in regulating journalistic practices. However, to what extent is the press law able to control news production. This research will try to answer some key questions related to the role of press law in controlling news production in online media in Indonesia, which are contained in the following problem formulation: How does Law No. 40/1999 on the Press regulate news production on online media? What is the impact of press law provisions on freedom of expression in the context of online media? This research uses a statutory approach and a legal concept analysis approach with document analysis strategies and interviews. The effectiveness of press law has been running well. The participation of the public, press workers, press companies and the Press Council in controlling news production is good. The Press Law needs to be improved. Restrictions on the right of refusal need to be included in the provisions of the article in the Press Law.
Akibat Hukum dari Hak Sewa Tanah untuk Bangunan oleh WNA sebagai Alternatip Penguasaan Hak atas Tanah di Indonesia I Wayan Dira; Putu Eka Trisna Dewi
Jurnal Preferensi Hukum Vol. 6 No. 1 (2025): Jurnal Preferensi Hukum
Publisher : Warmadewa Press

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Abstract

Land plays a crucial role in the life of Indonesian society and economy, particularly in tourist destinations like Bali. The establishment of businesses by foreign nationals in Bali, especially in the region of gianyar Regency, has raised concerns regarding regulations governing land ownership. The Land Law Number 5 of 1960 concerning Agrarian Affairs and Government Regulation Number 46 of 1996 strictly regulate land ownership by both Indonesian citizens (WNI) and foreign nationals (WNA), particularly in terms of land lease for building purposes. However, there remain uncertainties concerning the understanding of land lease agreements for buildings, including time limitations, lease extension, and the status of buildings constructed on leased land after the lease agreement expires. This study employs a normative juridical research method with a legislative approach to provide a better understanding of land ownership for WNAs in business development in Bali and Indonesia as a whole.
Pembatalan Pengangkatan Anak Oleh Pengadilan Wida Sukma Karomah; Prihati Yuniarlin
Jurnal Preferensi Hukum Vol. 6 No. 1 (2025): Jurnal Preferensi Hukum
Publisher : Warmadewa Press

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Abstract

Child adoption represents a solution for married couples unable to have biological children, serving as an alternative path to complete their family happiness. However, the adoption process doesn't always proceed smoothly, and there have been cases where adoption decisions are later annulled. This study examines the legal challenges surrounding adoption annulment cases that have received district court determinations, focusing on the possibility of canceling adoption decisions and their legal consequences. Using normative juridical research methods, this study collected secondary data through literature review and interviews. The findings reveal that adoption annulment becomes possible due to the lack of concrete regulations in existing laws, leaving litigation as the only resolution mechanism. The legal implications of such annulments include the termination of all civil relationships between adopted children and their adoptive parents, resulting in the child's return to their biological parents. This research recommends the development of more comprehensive regulations regarding adoption annulment mechanisms to provide legal certainty for all parties involved.
Regulasi Penyelenggaraan Polis Digital dalam Kerangka Perlindungan Hukum Bagi Perusahaan Asuransi dan Nasabah Kadek Ary Purnama Dewi
Jurnal Preferensi Hukum Vol. 6 No. 2 (2025): Jurnal Preferensi Hukum
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/jph.6.2.2025.245-254

Abstract

Law Number 40 of 2014 concerning Insurance does not provide a definition of an insurance policy nor regulate the use of electronic or digital policies. In this context, the Financial Services Authority (OJK) holds the authority to establish a sound financial industry and to protect individuals who utilize insurance services. This study aims to identify and analyze the legal obligations of insurance companies in implementing digital policies and in providing protection for insurance customers under such policies. The research employs a normative legal method, focusing on the study of laws and regulations relevant to the issue. The findings indicate that the legal obligations of insurance companies in implementing digital policies are stipulated in the Regulation of the Financial Services Authority of the Republic of Indonesia Number 8 of 2024, which mandates that Insurance Companies or Sharia Insurance Companies must provide access for Policyholders, Insured Parties, or Participants to obtain and/or print copies of their Insurance Policies. Furthermore, when the Insurance Policy is issued and delivered in electronic form, the company is prohibited from requiring a printed version of the policy as part of the claim submission documents. Regarding the legal protection of insurance customers in digital policies, OJK is authorized to provide such protection by implementing preventive measures to avoid consumer losses, including safeguarding customers who use electronic or digital policies. Under the Consumer Protection Law, customers are entitled to advocacy, protection, and dispute resolution mechanisms in cases of conflicts related to electronic policies between policyholders and insurance companies.
Penegakan Hukum Lingkungan Dalam Bisnis Berkelanjutan Cokorda Istri Ratih Laksmi Dewi; Anak Agung Sagung Laksmi Dewi; Luh Putu Suryani
Jurnal Preferensi Hukum Vol. 5 No. 3 (2024): Jurnal Preferensi Hukum
Publisher : Warmadewa Press

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Abstract

Law No. 24 of 1992 was enacted to effectively manage natural resources on land, sea and air in a sustainable manner. The aim is to promote sustainable development through dynamic spatial planning and environmental conservation. The problems are: 1) How is environmental law enforcement in sustainable business strategy? And 2) What are the sanctions for companies that violate the environment? This research uses normative research methods. The Job Creation Law aims to address pollution problems and encourage environmentally friendly practices in the business sector. Environmental law enforcement in this sustainable business is set to prevent companies from exceeding acceptable limits in releasing substances or energy into the environment. This law provides penalties for environmental violations, with priority on administrative sanctions, civil liability for compensation and environmental restoration, as well as criminal law specifically for serious violations that have a major social and environmental impact.
Kedudukan Direktorat Jenderal Hak Kekayaan Intelektual (HKI) dalam Perlindungan Hak Cipta Lagu Yoaneta Spiridiana Sorowea; I Nyoman Sukandia; Desak Gde Dwi Arini
Jurnal Preferensi Hukum Vol. 5 No. 3 (2024): Jurnal Preferensi Hukum
Publisher : Warmadewa Press

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Abstract

Copyright is the exclusive right of creators to regulate the ownership and distribution of their work. In Indonesia, the Directorate General of Intellectual Property Rights (IPR) plays a role in ensuring that copyright is protected and enforced, including in the context of music or songs. The focus of this research is to evaluate how the law, specifically Law Number 28 of 2014 on Copyright, provides legal protection to songs. In addition, the research also examines the role of the Directorate General of Intellectual Property in providing protection to song copyrights. The research method used is the normative method. The results showed that in the case of the song "Gemu fa mi re", the creator has the right to file a lawsuit to the court in case of piracy or unauthorized duplication. Preventive efforts are made by registering copyrighted works with the authorized institution, while repressive efforts involve filing a lawsuit in court in cases of copyright infringement. In the context of the position of the Directorate General of Intellectual Property, they have an important role in providing legal protection to copyrighted works. This involves policy implementation, provision of technical guidance, supervision, evaluation, and reporting in various aspects, such as applications, publications, legal services of copyright, products, and related rights.
Pertanggungjawaban Hukum Terhadap Warga Negara Asing (WNA) yang Bekerja Tanpa Izin di Indonesia Shalomoan Shalomoan; Anak Agung Sagung Laksmi Dewi; Luh Putu Suryani
Jurnal Preferensi Hukum Vol. 5 No. 3 (2024): Jurnal Preferensi Hukum
Publisher : Warmadewa Press

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Abstract

This research discusses permits for the use of foreign workers in Indonesia. Regulations that directly discuss labor have been successfully strengthened by the existence of Presidential Regulation No. 20/2018 directly discussing the use of foreign workers. However, in carrying out practical activities, there are still cases of violations of licensing regulations and also the use of foreign workers. The purpose of this study is to review and analyze the legal liability for foreigners working without a permit in Indonesia. The method implemented in conducting this activity is the normative legal research method, where this research will be carried out by the researcher by directly analyzing the literature based on legal materials. The results show that legal liability for foreign workers who work without a valid work permit, will be given sanctions in the form of administrative fines, revocation of permission to stay or the process of deportation with prior written notification information. Then criminal sanctions for foreigners who commit acts that have been successfully proven to abuse the granting of a Stay Permit that has previously been successfully obtained, then this is successfully regulated in Article 122 of the Immigration Law.
Efektivitas Pelaksanaan Putusan oleh Tergugat Selaku Badan atau Pejabat TUN di Pengadilan Tata Usaha Negara Denpasar Putu Ayu Sintya Pradnya Dewi; Anak Agung Sagung Laksmi Dewi; Luh Putu Suryani
Jurnal Preferensi Hukum Vol. 5 No. 3 (2024): Jurnal Preferensi Hukum
Publisher : Warmadewa Press

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Abstract

The State Administrative Court is tasked with resolving cases in the field of governance, Article 116 of Law Number 51 of 2009 concerning State Administrative Courts regulates administrative mechanisms, but in practice it is still less effective due to non-compliance by officials. In connection with this, what are the factors that cause non-compliance with the implementation of decisions by the defendant as a state administrative agency or official at the Denpasar State Administrative Court? And how are efforts made to improve the effectiveness of the implementation of decisions in the Denpasar State Administrative Court? This research uses empirical methods with sociological, conceptual and statutory approaches. The research location was conducted at the Denpasar State Administrative Court. Related data collected in this study using primary data and secondary data. The results showed that the factors that caused the defendant's non-compliance with the execution of the decision were due to indications that the existence of the State Administrative Court as a control institution was less effective and the lack of legal obedience of state administrative officials. Therefore, there is a need for a special institution to optimize the execution supervision mechanism.
Pemberian Sanksi Kasepekang dalam Sengketa Tanah Pekarangan Desa di Banja Bedil, Desa Adat Baha, Kecamatan Mengwi, Kabupaten Badung Provinsi Bali I Kadek Ambara Putra; I Made Suwitra; Diah Gayatri Sudibya
Jurnal Preferensi Hukum Vol. 5 No. 3 (2024): Jurnal Preferensi Hukum
Publisher : Warmadewa Press

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Abstract

The Kasepekang sanction in customary land disputes is one of the customary sanctions in Bali. Kasepekang means temporary dismissal as a Village citizen, kasepekang is interpreted as permanent or permanent dismissal regulated by Bali Provincial Regulation No. 4 of 2019 related to Customary Villages. This research was conducted with the aim of describing to find out how the Tenure of Rights over Village Land in Banjar Bedil, Baha Customary Village, Mengwi District, Badung Regency, Bali Province and to find out how the Procedure for Giving Kasepekang Sanctions in Disputes over Tenure over Village Land in Banjar Bedil, Baha Customary Village, Mengwi District, Badung Regency, Bali Province. This research utilizes empirical-based legal research methods. The results of this study indicate that there is ownership of certificates for private control where the custom cannot claim that the land is customary land where the certificate is a strong evidence, namely as a physical statement of land ownership.

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