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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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Perlindungan Hukum Terhadap Perseroan Terbatas Perusahaan Penanaman Modal Asing Neano Resort Yang Dibakar Oleh Warga Desa Bugbug di Kabupaten Karangasem Ni Ketut Rahayu Utami Laksmidewi; I Nyoman Putu Budiartha; I.B. Gede Agustya Mahaputra
Jurnal Preferensi Hukum Vol. 6 No. 1 (2025): Jurnal Preferensi Hukum
Publisher : Warmadewa Press

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Abstract

The principle of openness refers to the principle that the law-making process must be conducted in an open and transparent manner to the public. This means that the process must be accessible to the general public and interested parties and provide opportunities for them to participate and provide input. In a democratic society, the government should prioritize the welfare of its citizens and listen to their wishes. However, there may be differences of opinion among citizens when it comes to making laws and regulations. The problem formulations raised are 1) How is the regulation of the process of forming laws and regulations in Indonesia? and 2) How is the form of the principle of openness in the formation of laws and regulations? The research method used in this research is normative legal research. The results show that the process of forming laws and regulations in Indonesia goes through several stages, such as initiation, preparation, discussion, ratification, enactment, and implementation. The principle of openness is very important in making laws and regulations because this principle encourages public involvement in the process because it includes providing access to information and seeking input from individuals and groups affected or interested in the issue.
Penegakan Hukum Terhadap Pelaku Tindak Pidana Pemalsuan dan Pengedaran Uang Palsu (Studi Kasus di Wilayah Hukum Kepolisian Resor (Polres) Badung) Ni Gusti Putu Pradnya Paramita Putri; Anak Agung Sagung Laksmi Dewi; I Made Minggu Widyantara
Jurnal Preferensi Hukum Vol. 6 No. 1 (2025): Jurnal Preferensi Hukum
Publisher : Warmadewa Press

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Abstract

Counterfeit money crime is one form of crime that is very significant in harming the people involved as economic actors and consumers. The problem raised is Law Enforcement Against Perpetrators of Criminal Counterfeiting and Circulation of Counterfeit Money in the Badung Police Law Area and What are the Factors and Efforts to Overcome the Criminal Act of Counterfeiting Counterfeit Money. This thesis research uses empirical research methods in the field of law with a sociological approach. The result of this research is that people who commit criminal acts of counterfeiting and distributing counterfeit money can be sentenced to imprisonment for 15 years in accordance with Law No.7 of 2011. Factors that cause offenders to commit criminal acts of counterfeiting and distribution of counterfeit money due to internal and external factors. Therefore, the countermeasures are preventive and repressive efforts.
Politik Hukum Depenalisasi bagi Penyalahguna Narkotika dalam Perspektif Kemanfaatan Hukum Mochammad Ali Sadikin; Cokorde Istri Dian Laksmi Dewi; Anak Agung Gede Agung Indra Prathama
Jurnal Preferensi Hukum Vol. 6 No. 1 (2025): Jurnal Preferensi Hukum
Publisher : Warmadewa Press

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Abstract

The problem and issues regarding narcotics are classic problems, but they are still a major obstacle in law enforcement and national development. By criminalizing drug addicts, it does not make them immediately abandon drug abuse and experience a deterrent effect. The policy in preventing drug abuse and illicit trafficking must use a preventive approach. The type of legal research used is normative legal research. This study uses qualitative data analysis applied descriptively. With the benefit theory approach, according to the author, there are various benefits achieved and the effectiveness of punishment behavior in the form of rehabilitation when overcoming the problem of drug distribution and abuse. The model of punishment for victims of drug use so far considers them as part of a criminal group, so that rehabilitative efforts are often neglected.
Tanggung Jawab PT Pos Indonesia (Persero) Terhadap Pengiriman Barang ke Luar Negeri I Gusti Ngurah Gede Maheshwara Wedananta; 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

Overseas freight forwarding is the stage of sending goods across borders after complying with a set of rules and regulations. This process involves the service of sending goods or documents from one country to another, and involves a variety of rules, requirements and obstacles that can arise. This research discusses the rules and regulations related to the overseas shipment of goods and the responsibilities of PT Pos Indonesia (Persero) in the process. The results show that the shipment of goods abroad is regulated by Law Number 38 of 2009 concerning postal operations. In addition, Government Regulation No. 15 of 2013 regarding the implementation of the Act aims to improve postal services as a means of communication and information. Another relevant regulation is the Regulation of the Minister of Trade of the Republic of Indonesia Number 44/M-DAG/PER/7/2012 which stipulates goods that are prohibited from being exported. During the shipping process, PT Pos Indonesia has responsibility for the safety and completeness of the goods sent, including the compensation claim process that can be carried out by the sender as the legal owner of the goods sent.
Pelaksanaan Diversi terhadap Anak dalam Melakukan Tindak Pidana Laka Lantas di Wilayah Hukum Poles Bangli I Kadek Dwi Giri Astawan; Ida Ayu Putu Widiati; Luh Putu Suryani
Jurnal Preferensi Hukum Vol. 6 No. 1 (2025): Jurnal Preferensi Hukum
Publisher : Warmadewa Press

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Abstract

Traffic problems faced by the Indonesian state are increasing. The problems that are often encountered are worse because of the rampant traffic accidents caused by minors. In this study the author will discuss the implementation of Diversion of children in committing criminal acts of traffic accidents in the Bangli Police District and what factors are an obstacle in the implementation of Diversion of children in committing criminal acts of traffic accidents in the Bangli Police District. The writing of this thesis uses empirical methods as well as statutory, conceptual, and case approaches. The results of this study indicate that the implementation of Diversion against children in the crime of traffic offenses in the jurisdiction of Bangli Police Station during the settlement of cases directed by Diversion has been carried out properly and obstacles in the implementation of Diversion against minors in the crime of traffic offenses in Bangli Police Station, including internal and external factors.
Asas Keterbukaan dalam Pembentukan Peraturan Perundang-undangan di Indonesia I Ketut Agus Krisna Adiputra; Ida Ayu Putu Widiati; Luh Putu Suryani
Jurnal Preferensi Hukum Vol. 6 No. 1 (2025): Jurnal Preferensi Hukum
Publisher : Warmadewa Press

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Abstract

The principle of openness refers to the principle that the law-making process must be conducted in an open and transparent manner to the public. This means that the process must be accessible to the general public and interested parties, and provide opportunities for them to participate and provide input. In a democratic society, the government should prioritize the welfare of its citizens and listen to their wishes. However, there may be differences of opinion among citizens when it comes to making laws and regulations. The problem formulations raised are 1) How is the regulation of the process of forming laws and regulations in Indonesia? and 2) How is the form of the principle of openness in the formation of laws and regulations? The research method used in this research is normative legal research. The results show that the process of forming laws and regulations in Indonesia goes through several stages, such as initiation, preparation, discussion, ratification, enactment, and implementation. The principle of openness is very important in making laws and regulations because this principle encourages public involvement in the process because it includes providing access to information and seeking input from individuals and groups affected or interested in the issue.
Perlindungan Hukum Bagi Konsumen Atas Penggunaan Botol Berbahan Polikarbonat yang Tercemar Bisphenol- A Berdasarkan Undang-Undang Nomor 8 Tahun 1999 I Made Anoraga Okky Dharmala; I Nyoman Gede Sugiartha; Luh Putu Suryani
Jurnal Preferensi Hukum Vol. 6 No. 1 (2025): Jurnal Preferensi Hukum
Publisher : Warmadewa Press

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Abstract

Bisphenol-a is a chemical ingredient in polycarbonate plastics, which has shown negative effects on brain tissue. BPOM found the following compound in excess of 0.9 ppm per liter in polycarbonate gallon drinking water. Although the safe threshold is set at 0.6 parts per million (ppm) during 2021-2022 in 6 regions in Indonesia. The problems are: (1) How is the regulation of the use of drinking bottles made from polycarbonate? (2) How is legal protection for consumers for the use of polycarbonate bottles contaminated with bisphenol-a? This research uses normative legal research. According to the findings of this research, BPOM Regulation number 20 of 2019 concerning Food Packaging Supervision regulates the use of Bisphenol-a in drinking water containers. that the distribution threshold of bisphenol-a in food containers is no more than 0.6 bpj (600 microgram/kg) from polycarbonate packaging. The form of legal protection for consumers is the existence of food laws as a way to ensure panga safety.  As well as by setting food packaging standardization. In relation to bisphenol-a, the government is obliged to protect the legal rights of consumers by regulating, fostering, and supervising polycarbonate drinking bottles.
Penegakan Hukum Terhadap Influencer Sebagai Wajib Pajak Penghasilan yang Tidak Memiliki Nomor Pokok Wajib Pajak (NPWP) A. A. Ayu Ningrat Chuk Putri Prameswari; I Nyoman Putu Budiartha; Ni Made Puspasutari Ujianti
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.6.2.2025.140-146

Abstract

The advancement of today's times and increasingly advanced technology indirectly also develops new income and businesses, including social media Influencers. The amount of income they get classifies Influencers as tax subjects. From the income earned by the Influencers, many of them do not fulfill the tax provisions, especially not having a Taxpayer Identification Number, which is for tax administration facilities. This research has two problem formulations, namely how the legal regulation of Influencers as taxpayers and how legal sanctions against Influencers as income taxpayers who do not have NPWP. This research uses normative legal research. This research results in a discussion regarding the activities carried out by Influencers on social media can be taxed by the government in accordance with the Income Tax Law because it is an economic activity that can generate large profits. Influencers who do not have a Taxpayer Identification Number are a form of tax evasion and can be subject to sanctions in accordance with Law No. 28 of 2007 concerning General Provisions and Tax Procedures.
Perlindungan Hukum Terhadap Pemegang Saham Minoritas Dalam Proses Merger Bank Perkreditan Rakyat Komang Krisna Yustika Putra; Johannes Ibrahim Kosasih; I Made Aditya Mantara Putra
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.6.2.2025.207-212

Abstract

The banking sector has a very strategic function in all activities to bring together society and become a channel for people's lives again in various forms, one of which is an effort to provide support and development of the national economy. The general meeting of shareholders of the GMS is related to mergers and how legal protection is for minority shareholders in determining the fair price of shares. The author uses normative legal research. The conclusions are: First, the position of minority shareholders in the implementation of the GMS related to the merger process in a BPR is in a weak position when compared to the position of the majority shareholder. In the merger process which is based on the number of quorums as stated in Article 89 of the PT Law which states that if a GMS is related to a merger, it is required to have a requirement of at least ¾ of the total number of shares. Second, in Article 13 POJK is one of the requests to BPRs for their shares to be purchased at a fair price, but the regulation does not clearly say that Minority Shareholders can also file a lawsuit if they feel they have been disadvantaged by the merger process.
Analisis Yuridis Pertanggungjawaban Korporasi Terhadap Perbuatan Melampaui Baku Mutu Udara Ambien Sebagai Tindak Pidana Lingkungan Hidup Komang Orba Ambara Yuda; Anak Agung Sagung Laksmi Dewi; I Nyoman Sutama
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.6.2.2025.213-218

Abstract

The company's role in advancing the community's economy brings a number of positive impacts, including the growth of deviant behavior carried out by companies with economic motivation, namely environmental pollution. The formulation of the problems in this paper are: How is corporate liability for environmental crimes? and How are criminal sanctions for perpetrators of criminal acts exceeding ambient air quality standards? This research uses a normative legal research approach with a focus on statutory and conceptual analysis. This writing aims to analyze corporate criminal liability for exceeding ambient air quality standards and also criminal sanctions obtained by corporations. The results of this research show that Law Number 32 of 2009 concerning Environmental Protection and Management emphasizes criminal liability for environmental violations. This regulation aims to take action against environmental pollution. Article 98 of the Law regulates criminal sanctions in the form of imprisonment and fines for perpetrators of environmental violations. 

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