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Nyoman Gede Sugiartha
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preferensihukum@gmail.com
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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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Analisis Yuridis terhadap Tindak Pidana Kekerasan (Pengeroyokan) yang Menyebabkan Kematian Anak Agung Istri Nadia Maheswari Devi; Anak Agung Sagung Laksmi Dewi; I Made Minggu Widiantara
Jurnal Preferensi Hukum Vol. 6 No. 1 (2025): Jurnal Preferensi Hukum
Publisher : Warmadewa Press

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Abstract

Crimes of violence (brawling) always exist in society, and tend to increase and develop in society in line with the times. The crime of violence (beating) is a criminal offense that relates to moral issues and feelings. Based on this, How is the legal regulation of the crime of violence (beating)? And how are the criminal sanctions against the perpetrators of beatings that cause death? This research uses normative legal research. Legal arrangements against criminal acts of violence (beating) which is a criminal act as regulated in Article 358 of the Criminal Code which provides a maximum imprisonment of two years and eight months and a maximum of two years. Criminal sanctions against perpetrators of beatings that cause death are regulated in Article 170 paragraph (1) of the Criminal Code which will be sentenced to a maximum imprisonment of 5 years and 6 months, as well as other sanctions regarding beatings are also regulated in Article 358 of the Criminal Code.
Analisis Yuridis Pelanggaran Merek Terhadap Pemegang Hak Merek Hugo Boss I Nyoman Putu Budiartha; Anak Agung Rosiana Dewi Putri; Desak Gde Dwi Arini
Jurnal Preferensi Hukum Vol. 6 No. 1 (2025): Jurnal Preferensi Hukum
Publisher : Warmadewa Press

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Abstract

One form of intellectual work that plays an important role in the trading business is a brand or branding. Trademarks are useful both as icons and as differentiators between goods or services in the trading business. The formulation of the problem in this study, namely: How is the regulation of HUGO BOSS trademark rights holders. How is the Judge's consideration of trademark infringement against HUGO BOSS trademark rights holders through Decision Number: 520 K/Pdt. Sus-HKI/2021 being researched This study applies normative legal research methods with a focus on statutory analysis and conceptual approaches. The results of this research show that in the case of HUGO BOSS versus Antony Tan, the defendant, Antony Tan, has committed infringement by imitating the HUGO BOSS trademark term without permission, which resulted in a legal dispute. HUGO BOSS but the lawsuit in the first HUGO BOSS verdict was rejected by the Supreme Court because it was considered that there was still the distinguishing power of the defendant's trademark so that HUGO BOSS also filed a cassation application. Preferably, if you want to register a brand, make a brand that is different from the brand name, logo, and has a difference in the quality of goods with existing brands or already registered at the Directorate General of Intellectual Property Rights (DJKI).
Penegakan Hukum terhadap Budaya Omed-omedan di Banjar Kaja Desa Sesetan Tri Bagus Manik Naradhipam; I Wayan Wesna Astara; I Made Minggu Widyantara
Jurnal Preferensi Hukum Vol. 6 No. 1 (2025): Jurnal Preferensi Hukum
Publisher : Warmadewa Press

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Abstract

Law enforcement against omed-omedan culture needs to be reviewed further because this is related to indigenous peoples and religious rituals, omed-omedan culture is a culture carried out by the banjar kaja community of sesetan village in carrying out this culture there is friction between the implementers of the tradition, namely friction such as hugging and kissing. The formulation of the problem in this thesis How is the omed omedan tradition reviewed from the pornography law? and how is law enforcement based on the pornography law against the omed omedan tradition?. The purpose of this research is to analyze the omed-omedan culture in terms of the pornography law and analyze law enforcement based on the pornography law against omed-omedan culture. The method used is experimental with a sociology approach. The data sources used are primary data and secondary data from legal documents. The results of this study explain how omed-omedan is viewed from the pornography law and law enforcement based on the law against the omed-omedan tradition.
Pengenaan Pajak Penghasilan Pada Aktivitas Endorsement Yang Dilakukan Oleh Pegiat Media Sosial Robiatul Adawiyah; I Nyoman Putu Budiartha; Ni Made Puspasutari Ujianti
Jurnal Preferensi Hukum Vol. 6 No. 1 (2025): Jurnal Preferensi Hukum
Publisher : Warmadewa Press

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Abstract

Endorsements are highly effective social media ads. In the modern business world, endorsement is an activity of business owners asking celebrities to promote products through their social media channels. This study covers two issues, namely how the regulation of income tax collection for authentication activities in Indonesia and how the application of income tax to tax subjects in authentication activities. Negative legal research is the type of research used in this study. Promotional activities through social networks are a form of service use for individuals, so the applicable tax rate is Income Tax. The income tax regulation is regulated in Article 4 of Law No. 36 of 2008 concerning Income Tax which explains that the object of taxation is income. On this basis, it is necessary to collect tax on sponsorship activities on social networks.
Perlindungan Hukum Terhadap Perempuan dalam Perkawinan yang Dilakukan Secara Paksaan Berdalih Tradisi Perspektif Kesetaraan Gender Angliati Deltia Kamuri Mawo Ate; I Nyoman Putu Budiartha; Ni Made Puspasutari Ujianti
Jurnal Preferensi Hukum Vol. 6 No. 1 (2025): Jurnal Preferensi Hukum
Publisher : Warmadewa Press

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Abstract

Marriage is synonymous with love and happiness between men and women and the Indonesian state guarantees by providing a legal umbrella that every Indonesian citizen has the right to build a strong family without coercion in building a household. The practice of forced marriage that occurs on Sumba Island often reaps controversy because the value of this tradition leads to kidnapping and violation of women's rights. For this tradition a woman is forced to marry a man she does not know and does not even love for culturally legalized reasons. Problem formulation: How is the legal protection of women in forced marriage from the perspective of gender equality and what are the legal consequences of forced marriage under the pretext of tradition with regard to women's rights in gender equality. This research uses the normative type, analyzing various literatures, relevant law books such as laws and regulations, norms and also legal principles relating to the practice of forced marriage.
Status Hak Asuh Anak akibat Perceraian dalam Perkawinan Campuran Putu Sandiawan Putra Wiranata; Ida Ayu Putu Widiati; Ni Made Puspasutari Ujianti
Jurnal Preferensi Hukum Vol. 6 No. 1 (2025): Jurnal Preferensi Hukum
Publisher : Warmadewa Press

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Abstract

Many Indonesian citizens are now married to foreigners. The marriage has legal consequences in the event of divorce, including the status of custody due to the divorce of the marriage. From the above background, the author took the research title: Situation of child custody due to divorce in mixed marriages. The research question is about the regulation of children's rights in mixed marriages and the status of custody in the event of divorce in a mixed marriage. The research method used is normative legal research method. Conceptual and legislative approaches. The results show that there is no general difference between the rights of children from mixed marriages and the rights enjoyed by children from other normal marriages. Only children from interracial marriages have special rights: the right to choose their nationality and to have parental rights when they turn 18. In the event of divorce, with due regard to the best interest of the child.
Penegakan Hukum Bagi Pelaku Kekerasan Terhadap Hewan Peliharaan Studi Kasus Putusan No. 223/PID.B/2019/PN GIN Pande Komang Tegar Iswara; I Nyoman Gede Sugiartha; Ni Made Puspasutari Ujianti
Jurnal Preferensi Hukum Vol. 6 No. 1 (2025): Jurnal Preferensi Hukum
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Abstract

Animal abuse is a global phenomenon that can also be linked to individual animal welfare violations. The problems are: 1) How is the regulation of animal protection according to Law No. 41 of 2014 concerning animal husbandry and health? How is law enforcement for perpetrators of violence against pets based on a case study of Decision Number 223/PID.B/2019/PN GIN? This research uses normative research methods, The purpose of this research is to investigate and analyze animal protection laws in Indonesia and to examine law enforcement against individuals who harm pets. The laws of Law No. 41 of 2014, Law No. 5 of 1990, and Law No. 18 of 2009 regulate the protection of animals and outline responsibilities for their care. These laws prohibit violence against animals and protect certain species. In certain cases, a person has been charged with mistreating a sick dog, resulting in severe injury and death. The act was deemed a violation of the animal protection law.
Analisis Putusan Nomor 2058 K/PDT/2019 Tentang Wanprestasi Perjanjian Jual Beli Rumah Emir Syarif Fatahillah Pakpahan; Nofrianti Limbong; Citra Bunga Ramadhita
Jurnal Preferensi Hukum Vol. 6 No. 1 (2025): Jurnal Preferensi Hukum
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Abstract

Supreme Court Decision Number 2058 K/Pdt/2019 is a case of default arising from a house sale and purchase agreement between a buyer and a seller. In this case, the seller did not fulfill the obligation to hand over the object of the sale and purchase in the form of a house along with a certificate even though the buyer had made the payment according to the agreement. This study aims to analyze the judge's legal considerations in deciding the case of default in a house sale and purchase agreement based on the decision. This study uses a normative legal research method with a statutory approach and decision study.  
Sanksi Pidana terhadap Pelaku yang Melakukan Kampanye Pemilu di Media Massa selama Masa Tenan I Dewa Ketut Alit Catur Mahaputra; I Nyoman Gede Sugiartha; Indah Permatasari
Jurnal Preferensi Hukum Vol. 6 No. 1 (2025): Jurnal Preferensi Hukum
Publisher : Warmadewa Press

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Abstract

Campaigns in the modern era have evolved following technological advances. Social media is one of them, now many candidates for people's representatives are campaigning through social media, campaigns carried out through social media no longer ignore the quiet period, even though the Law has expressly stipulated criminal provisions for anyone who violates it. The formulation of the problem obtained is how is the regulation of election campaigns in Indonesia, and how are the criminal sanctions against perpetrators who conduct election campaigns in the mass media during the quiet period. This research uses normative legal research with a statutory approach and conceptual approach. The results of the discussion show that the regulation of election campaigns in Indonesia has been regulated in Law Number 7 of 2017 concerning General Elections, as well as criminal sanctions against perpetrators who conduct election campaigns in the mass media during the quiet period are regulated in Article 287 paragraph (5) Jo Article 492 of the General Election Law, which will be punished with a maximum imprisonment of 1 (one) year and a maximum fine of Rp12,000,000.00 (twelve million rupiah).
Sanksi Hukum Terhadap Pelaku Tindak Pidana Memposting Konten Video Penistaan Agama Melalui Tiktok Ni Luh Niken Ayu Tresna; I Nyoman Gede Sugiartha; I Made Minggu Widyantara
Jurnal Preferensi Hukum Vol. 6 No. 1 (2025): Jurnal Preferensi Hukum
Publisher : Warmadewa Press

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Abstract

To ensure legal certainty in society, the law is responsible for the right of every citizen to obtain a defense before the law. With this rapid advancement in the field of technology and communication, social media is one of the technologies that allow everyone to move freely and greatly help human activities today. TikTok is one of the social media used for creativity. Many cases of blasphemy or blasphemy occur on social media today, consisting of insults or hate speech directed at individuals or groups related to ethnicity, religion, race, or intergroup (SARA). This can cause intolerance and can cause feelings of hatred towards fellow humans. This criminal offense is regulated in Articles 156 and 156a of the Criminal Code (KUHP) and the same regulation on blasphemy through social media is Article 28 paragraph (2) of Law Number 19 Year 2016. In addition, criminal sanctions are regulated in Article 45A paragraph (2) of the Electronic Information and Transaction Law.

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