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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 456 Documents
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Disparitas Pendayagunaan Tanah Terlantar di Indonesia I Made Pria Dharsana; I Gusti Agung Ayu Gita Pritayanti Dinar; Putu Lingga Dhananjaya; N. Nurnaningsih
Jurnal Preferensi Hukum Vol. 5 No. 3 (2024): Jurnal Preferensi Hukum
Publisher : Warmadewa Press

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Abstract

The lack of optimal utilization of abandoned land in Indonesia is one of the elements of the problem that is quite worrying, in general, the legal consequences of abandonment of land are the termination of the legal relationship between the subject of the holder of land rights and the object of the land is given to the authorized official, while Article 9 paragraph (2) of government regulation no. 11 of 2020, in the case of land as referred to in Article 6 paragraph (1) letter a, the stipulation of abandoned as well as the stipulation of the abolition of land rights, as well as severing legal relations whose land is expressly controlled by state, research on legal issue in this paper uses the normative legal research method, which examine legislation, doctrine, principles. furthermore, regarding abandonment of land, its has legal consequences, one of which is eliminating the economic potential of land and it is unfair and also a violation of the obligation that must be carried out on rights holders who have land control, while utilization of state land in the field of regulatory provision and their implementation still erodes the function of the land so that the benefits are not felt by the community in terms of economic, social and political
Analisa Yuridis tentang Pencalonan Kepala Daerah yang Berstatus Dua Kewarganegaraan Ni Putu Damayanthi; 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

In the current era of globalization and democracy, there are legal issues where regional head candidates are proven to have two citizenships, while the requirements to become a regional head candidate are Indonesian citizens as evidenced by the ownership of an ID card. There are two problems, namely How is the regulation of the nomination of the Regional Head in the Regional Head Election and How is law enforcement on the issue of nomination of Regional Heads with dual citizenship status. This research uses normative research methods. The results obtained from this research. The legal rules regarding the election of regional heads to the terms of nomination of regional heads are regulated in Law of the Republic of Indonesia Number 10 of 2016 concerning the Second Amendment to Law Number 1 of 2015 concerning the Stipulation of Government Regulations in Lieu of Law Number 1 of 2014 concerning the Election of Governors, Regents and Mayors. Regarding one of the elected candidates who has been proven to have dual citizenship, based on the Constitutional Court Decision 135/PHP.BUP-XIX/2021, the candidate pair must be disqualified, the General Election Commission's decision is canceled and must carry out a re-vote.
Penegakkan Hukum terhadap Pelaku Streamer Judi Slot pada Platform Digital Ni Made Nisa Dewi; Anak Agung Sagung Laksmi Dewi; I Made Minggu Widyantara
Jurnal Preferensi Hukum Vol. 5 No. 3 (2024): Jurnal Preferensi Hukum
Publisher : Warmadewa Press

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Abstract

In the development of technology, one of which is the computer that is used today as technology as a product of science that converges on telecommunications, media and information. The marketing of online gambling is something that is done with the aim of attracting the interest of someone who will use it, can make the base that does this become broad and can provide a very large amount of income for someone who provides services for gambling conducted online. The type of research used in this study is normative legal research. Where it will discuss the following, First, how are the legal arrangements for perpetrators of criminal acts of promotion of online gambling sites carried out by celebrities on digital platforms and how are criminal sanctions for perpetrators of criminal acts of promotion of online gambling sites on digital platforms. The conclusion of this study is that the existence of legal rules that apply to criminal acts that promote online gambling sites can have a major influence on security and economic stability in people's lives, namely gambling acts carried out online.
Politik Hukum Kriminalisasi Pelaku Perkawinan Sejenis dalam Perspektif Hukum Pidana di Indonesia I Nengah Nuarta; Mochamad Sukedi
Jurnal Preferensi Hukum Vol. 5 No. 3 (2024): Jurnal Preferensi Hukum
Publisher : Warmadewa Press

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Abstract

Same-sex relationships are often a topic of conversation for the entire community, especially religious leaders, because this violates the norms or religious values that apply to each religion. Such conditions clearly cause concern for everyone, so there is a need for strict regulations for perpetrators of same-sex marriages, either by criminalization efforts in the form of strict criminal sanctions. Based on the background above, the researcher is very interested in studying: 1. How is the regulation of marriage based on positive law in Indonesia today? and 2. How are the regulations for criminal sanctions against perpetrators of same-sex marriages in the future? This research is a normative legal research. The regulation of marriage based on positive law in Indonesia is currently regulated in the Marriage Law. Regulation of criminal sanctions against perpetrators of same-sex marriages in the future is very necessary because in order to provide legal legitimacy to the process of handling same-sex marriages so as not to give rise to conflicts that lead to violence in society is by using criminal law
Perlindungan Hukum Pengguna Jasa Pariwisata Parasailing Pantai Gunung Payung Kabupaten Badung Ni Kadek Dewi Agustina; I Nyoman Gede Sugiartha; Luh Putu Suryani
Jurnal Preferensi Hukum Vol. 5 No. 3 (2024): Jurnal Preferensi Hukum
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Legal Protection of Parasailing Tourism Service Users is Legal Protection for tourism service users in the field of tourism services that protect the safety of tourists and protect the rights of tourists as users of parasailing tourism services. The formulation of the problem is How is the Legal Protection provided by Tourism Managers to consumers who use Parasailing Tourism Services at Gunung Payung Beach and How is the Responsibility of the Parasailing Tourism Services Manager at Gunung Payung Beach if an accident occurs. Based on Law Number 10 of 2009 concerning Tourism. This research uses Empirical research meditate with a statutory approach and interview techniques. The results of this study indicate the responsibility of the Gunung Payung Beach Parasailing Tourism Service Manager in the event of an accident in Parasailing Tourism activities based on Law Number 8 of 1999, namely Consumer Protection which protects the safety of tourists and protects their rights.
Analisis Yuridis Terhadap Praktik Jual Beli Surat Keterangan Sakit Tanpa Validasi Dokter Melalui E-Commerce Kadek Diah Indrayani; I Nyoman Putu Budiartha; Ida Bagus Gede Agustya Mahaputra
Jurnal Preferensi Hukum Vol. 5 No. 3 (2024): Jurnal Preferensi Hukum
Publisher : Warmadewa Press

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Abstract

The development of E-Commerce in Indonesia lately is very rapid where people tend to use E-Commerce to fulfill their needs, including the services of making important documents. The problems that arise are: How is the Legality of Buying and Selling Sick Certificates Without Doctor Validation Through E-Commerce? And what are the Legal Consequences of the Seller of Sick Certificate through E-Commerce? This research uses normative legal research. The legality of buying and selling sick certificates without doctor validation through e-commerce is regulated in Article 35 of Law Number 29 of 2004 concerning Medical Practices, Article 7 of KODEKI, and Article 28 of Law Number 11 of 2008 concerning Information and Electronic Transactions. The legality of a sick certificate will only be valid if it is issued by a doctor who has a registration certificate with the validity of the results of his own examination. So the letter circulating in E-Commerce is a fake sick certificate because it is not a doctor or medical personnel who issued it, and can be punished in accordance with the articles on the ITE Law and the article on forgery of letters.
Perizinan Berusaha di Daerah Pasca Undang-undang Cipta Kerja Nanditamaha Mulia Alodia Saraswati; I Nyoman Gede Sugiartha; Ida Ayu Putu Widiati
Jurnal Preferensi Hukum Vol. 5 No. 3 (2024): Jurnal Preferensi Hukum
Publisher : Warmadewa Press

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Abstract

Licensing is a document that proves the legality of allowing a person or group of people to carry out legal actions, even though it is contrary to statutory regulations. To create a business we need a business permit which functions as the legality of the business and as a legal umbrella for implementing it. The formulation of the problem raised is: How are business licensing arrangements in regions before and after the Job Creation Law? What are the procedures for issuing business permits in regions after the Job Creation Law? This thesis research uses normative legal research methods. The research results show that the procedures for issuing business permits in the regions before the Job Creation Law were PTSP (One-Stop Integrated Service), INSW (Indonesian National Single Window), and OSS (Online Single Submission). Meanwhile, the procedure for issuing business permits after the Job Creation Law is OSS RBA (Online Single Submission-Risk Based Approach. The basis for determining the issuance of business permits in regions is based on risk, namely low, medium low, medium high, high risk. Procedures for issuing business permits In post-Job Creation Law areas, there are several risk determinations and activity scale rankings.
Perlindungan Hukum bagi Pihak yang Dirugikan atas Penggunaan Jalan Umum sebagai Tempat Parkir Pribadi Anak Agung Sagung Laksmi Dewi; Komang Wahyu Darmayanta; I Made Minggu Widyantara
Jurnal Preferensi Hukum Vol. 5 No. 3 (2024): Jurnal Preferensi Hukum
Publisher : Warmadewa Press

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Abstract

People have the right to use public roads without interference from others who use public roads for private purposes. Vehicle owners usually use public roads as private parking lots. This study was conducted with the aim of describing how the responsibility of vehicle owners who use public roads as private parking lots and how the legal protection of parties who are harmed by the use of public roads as private parking lots. This study conducted research using a normative legal approach and legislative and conceptual studies. The findings of this study show that the level of liability of vehicle owners who use public spaces as a place to park private cars can vary depending on the legal regulations in force in a country. In Indonesia, there is a regulation number 22 of 2009 that regulates matters related to traffic and transportation on the road. Fines for parking violations are stipulated in Article 275 paragraph 1 of Law Number 22 Year 2009 on Road Traffic and Transportation (LLAJ Law). Parking on public roads is not permitted even if there are no no-parking signs posted. Roads are designed for the benefit of the general public and should not be used for the benefit of individuals.
Pertanggungjawaban terhadap Perbuatan Melawan Hukum oleh Tenaga Kesehatan yang Merugikan Pasien I Nyoman Putu Budiartha; Luiza Klementina M Asa; I Gusti Agung Ayu Gita Pritayanti Dinar
Jurnal Preferensi Hukum Vol. 5 No. 3 (2024): Jurnal Preferensi Hukum
Publisher : Warmadewa Press

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Abstract

Health workers are professionals in the medical field whose main responsibility is to provide high-quality medical services to patients using methods and approaches based on medical science and relevant ethical principles. However, judging from some of their practices, it is often found that there are acts against the law or malpractice. This is caused by the lack of knowledge and experience of health workers and negligence committed carelessly and intentionally, which is certainly not desired by the health workers themselves. The problems raised are: 1. How is the liability of unlawful acts by health workers against losses suffered by patients; 2. What are the causes of unlawful acts by health workers that harm patients? By using statutory and conceptual approaches, the research methodology is normative legal research. The findings of this study indicate that health professionals often violate the law because they are not aware of their own rights and obligations. Or there are elements of error and negligence and this can bring harm to the patient. Where in the liability of health workers can be responsible in accordance with the losses suffered by patients where liability is divided into administrative, civil and criminal liability.
Asas Ketertiban Umum dalam Pelaksanaan Putusan Arbitrase Internasional di Indonesia A.A. Istri Agung Cintya Anomsari; I Nyoman Putu Budiartha; Desak Gde Dwi Arini
Jurnal Preferensi Hukum Vol. 6 No. 1 (2025): Jurnal Preferensi Hukum
Publisher : Warmadewa Press

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Abstract

Settlement of international business disputes is usually resolved through international arbitration, as it is "one of the basic principles of international trade law. However, the execution of international arbitration awards in Indonesia is difficult even though Indonesia has ratified the 1958 New York Convention on the Recognition of Foreign Arbitration Awards. The problem is "How is the procedure for the execution of international arbitration awards in the settlement of business disputes in Indonesia? and How is the implication of the principle of public order on international arbitration awards in the settlement of business disputes in Indonesia?" The research method used is the type of normative research with a statutory and conceptual approach. The results of this study are, the regulation of the procedures for implementing international arbitration awards that must be fulfilled, namely the award must fall within the scope of trade law and not conflict with public order. The award must obtain execution from the Chairman of the Central Jakarta District Court. The implication in the implementation of International Arbitration awards in Indonesia is that there is a cancellation or rejection because it is contrary to the Principle of Public Order. This creates legal uncertainty in the settlement of business disputes through international arbitration.

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