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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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Analisis Omnibus Law Tentang Kesehatan Dalam Kasus Malpraktik Medik Made Arya Duta Gunaksara; I Made Minggu Widyantara; Ni Made Sukaryati Karma
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.6.2.2025.219-224

Abstract

Medical malpractice is an act that can harm patients and the wider community, malpractice can occur anywhere, therefore, it is important to know how to prevent and what the liability is. The problems formulated in this thesis research are How is the legal regulation of the Omnibus Law on Health in efforts to prevent medical malpractice and How is legal liability for perpetrators of malpractice. This research uses normative legal research methods, with the type of legislative approach and literature study. The results showed that the prevention of malpractice can be seen through the obligations of medical personnel, the rights of patients and the standardization of the profession itself. We can take medical malpractice liability through ethical malpractice, and juridical malpractice, where juridical includes criminal, civil, and administrative. 
Tanggung Jawab Notaris Dalam Pembetulan Kesalahan Tulis Atau Ketik Yang Terdapat Pada Akta Yang Telah Ditandatangani Ni Kadek Arisya Citra Repinta; I Nyoman Putu Budiartha; Anak Agung Istri Agung
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.6.2.2025.233-238

Abstract

From "Law No. 2 of 2014 concerning Amendments to Law No. 30 of 2004 concerning the Position of Notary, it gives authority to notaries to make authentic deeds related to all acts, agreements, and determinations required by existing regulations". The problem that the researcher took from the thesis is the potential for the deed made by the notary that in carrying out the authority of the notary to make a typographical error in the minutes of the deed and a notary is a public official who has the authority to make an authentic deed and has the potential to make an error, this error requires the notary's responsibility to resolve the typographical error. This study is of the normative legal type and has a Statute Approach & conceptual approach. Corrections are made to witnesses, appearing parties and notaries, which are then recorded in the minutes of correction. The notary's authority includes correcting written or typographical errors in the minutes of the deed that have been signed. The notary's obligation to make typographical errors in the minutes of the deed that have been copied is carried out by means of renvoi or correcting the wrong copy of the minutes of the deed and initialed by the notary.
Pertanggungjawaban Pidana Memerintah Mencantumkan Keterangan Palsu Dalam Akta Autentik Ni Putu Angie Daradinanti; Anak Agung Sagung Laksmi Dewi; Made Minggu Widiantara
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.6.2.2025.239-244

Abstract

Criminal liability is a form of determining whether a suspect or defendant is responsible for a crime that has occurred, namely the violation of falsifying a letter or important document as an authentic letter, subject to criminal sanctions. In this regard, what legal provisions relate to the offense of ordering the inclusion of false information in original documents? And what was the judge's opinion when making the decision in case Number 49/Pid.B/2021/PN.Gto? This research uses standard legal methodology by conducting research based on the legal documents used, such as law books and statutory regulations. The results of the study show that the legal provisions regarding the criminal offense of document forgery are regulated in Article 263 of the Criminal Code and Article 266 of the Criminal Code. Article 263 of the Criminal Code regulates document forgery in general (both creating and using forged documents), while Article 266 of the Criminal Code specifically deals with the falsification of information in authentic deeds. The judge's considerations in making a decision are regulated in Article 266 paragraph (1) of the Criminal Code in conjunction with Article 55 paragraph (1) of the Criminal Code, which refers to the criminal act of forging authentic documents (deeds) committed jointly. This article covers perpetrators who order the inclusion of false information in authentic deeds, as well as those who order or participate in such acts.
Perlindungan Hak Cipta Karya Sinematografi Melalui Digital Rights Management Pada Platform Over The Top Ni Putu Esa Puja Laksmi; Putu Wahyu Widiartana
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.6.2.2025.225-232

Abstract

The rapid growth of the cinematographic industry in the digital era, particularly through Over The Top (OTT) platforms, has made it easier to distribute creative works to a wider audience while creating new challenges for copyright protection. Although copyright protection in Indonesia is legally regulated under Law Number 28 of 2014 and reinforced by the WIPO Copyright Treaty, piracy and illegal distribution of cinematographic works remain widespread. Previous studies have mostly focused on copyright protection in conventional media, while in-depth research on the role of Digital Rights Management (DRM) in the OTT ecosystem is still limited. This research aims to analyze how Indonesian law regulates the copyright protection of cinematographic works through DRM, and to evaluate the extent to which DRM implementation by OTT services aligns with national and international copyright protection principles. This study uses normative legal methods with statutory and conceptual approaches. The findings show that Indonesia’s legal framework for DRM is normatively adequate in safeguarding creators’ moral and economic rights, but its implementation faces challenges such as weak technical regulations, lack of supervision, and low awareness among local OTT industries. This research recommends developing more detailed implementing regulations, enhancing technical standards, and providing broader legal education to industry players, so that copyright protection in the era of digital distribution can be more effective, fair, and sustainable.
Sistem Perlindungan Konsumen Melalui Pengawasan Kualitas dan Keamanan Produk Pangan Anak Agung Gde Agung Brama Pramudya; Ni Made Jaya Senastri; 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.6.2.2025.147-152

Abstract

In the era of globalization and increasing market complexity, consumer protection is a crucial issue, especially regarding food products that have the potential to endanger health. Based on this, how is the legal regulation of consumer protection from food products that have safety risks and how is the legal protection system for food products consumed by the public through BPOM supervision. This research uses normative legal research. The results show that although there are various regulations governing consumer protection, implementation in the field still faces challenges, such as lack of consumer awareness and non-optimal supervision from the authorities. This research emphasizes the need for increased collaboration between the government, business actors and the community to create a more effective supervisory system. Thus, consumers can feel safer and more protected in their transactions, as well as obtain quality food products that are safe for consumption.
Analisis Yuridis Pertanggungjawaban Pidana Pelaku Pelecehan Seksual Yang Menderita Fetishistic Disorderv (STUDI PUTUSAN NOMOR 2286/Pid.Sus/2020/PN Sby) Kade Richa Mulyawati; Putu Ayu Candradiva Saraswati; Anak Agung Sagung Laksmi 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.6.2.2025.153-159

Abstract

One form of behavioral deviation that has occurred in human life is fetishistic disorder. The formulation of the problem in this study are: How is the legal regulation of the perpetrators of sexual harassment in Indonesia? and How is the form of criminal liability for perpetrators of sexual harassment who suffer from fetishistic disorder case study of decision Number 2286/Pid.Sus/2020/PN Sby. This research uses a normative methodological approach that focuses on legal analysis and legislation, and utilizes a conceptual approach. The result of this research is that fetish behavior can only be classified as obscene acts if there are acts of coercion, kissing, or sexual touching of the victim and this can fulfill the elements of the article on violation of decency in the Criminal Code. The perpetrator was sentenced to imprisonment and a fine for disseminating personally intimidating electronic information. The government should immediately harmonize the laws and regulations governing the term sexual harassment in the Criminal Code in detail. This is very necessary in imposing appropriate criminal sanctions on the perpetrator.
Kajian Hukum Terhadap Tindakan Aborsi Bagi Korban Pemerkosaan Dalam Perspektif Undang-Undang Kesehatan Elsa Viona Odilia Songgor; I Nyoman Sujana; Kade Richa Mulyawati
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.6.2.2025.160-164

Abstract

This article is a normative legal research analyzing abortion. This research focuses on abortion performed by single women after the crime of rape. This is the main focus of the study because there is a conflict of norms between the Criminal Code which strictly prohibits abortion for any reason, and Law No. 17 of 2023 concerning Health which allows it for rape victims and medical emergencies. The author formulates the following problem formulation to overcome these problems. How is the regulation of abortion for rape victims in the Health Act? And what are the implications of abortion for rape victims in the Health Act? The type of research used is normative legal research. Furthermore, the legislative approach is applied in this research. The research shows that in accordance with Law No. 17 of 2023 concerning Health, a lex specialis that provides legal protection to victims of rape against the act of abortion provocatus, abortion against victims of sexual violence is allowed in the applicable area, criminal law as lex generale. However, this is only provided if the victim meets the requirements set out in Government Regulation No. 61/2014 on Reproductive Health.
Sanksi Pidana Terhadap Pencemaran Tukad Unda Dalam Kegiatan Pengerukan Tanah Pembangunan Pusat Kebudayaan Bali (PKB) I Gede Agus Allezandro Suputra; I Nyoman Gede Sugiartha; Luh Putu Suryani
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.6.2.2025.165-170

Abstract

Law No. 32 of 2009 explains that Natural contamination causes harm to biotic and abiotic communities. Natural contamination issues happening are natural issues due to the digging of slopes and waterways around the Unda Waterway which can be utilized as materials for development objects. In case not dealt with genuinely, this huge sum of digging will influence the condition of the encompassing environment. The details of the issue are: How are criminal sanctions controlled for culprits of Unda Stream contamination due to slope digging amid the development of the Bali Social Center? and How is the Tukad Unda stream overseen and secured? About employment standardizing legitimate investigation strategies. Setting criminal sanctions against culprits of waterway digging contamination is critical to energize lawful compliance and natural security. sanctions can be within the shape of fines, jail sentences, or combination of both, duty of the culprit and give obstruction impact against waterway contamination homes. Stream stream administration and assurance requires an all encompassing approach including related parties, compelling directions and community support. Usage of preservation measures, coordination between related teaching, outreach to open almost all threats postured by exercises carried out in waterway watersheds, as well giving strict sanctions for infringement of the utilization of watersheds as ensured zones.
Perkawinan Usia Dini Dalam Hukum Adat di Desa Adat Songan Kintamani Bangli I Made Suwitra; I Ketut Maharata Adi Putra; Diah Gayatri Sudibya
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.6.2.2025.171-176

Abstract

Starting from the phenomenon of early marriage which is still rampant, marriage is a bond that forms a new family and is regulated by legal provisions, both in customary law and national law, but there are still frequent violations of early marriage in the community. With regard to this, the formulation of the problem in this study is how legal is early marriage in the traditional village of Songan? And how is the recording of early marriage in the traditional village of Songan? The method used in this writing is the normative method. Based on the results of the research, it can be concluded that regarding underage marriage, there are several differences in standardization and perspectives based on customary law or the Indonesian Marriage Law. In customary law there is no age limit for marriage.
Pelaksanaan Fungsi Badan Permusyawaratan Desa dalam Pembentukan Peraturan di Desa Peguyangan Kangin Ida Ayu Putu Widiati; I Made Gede Bagus Anggara; Luh Putu Suryani
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.6.2.2025.177-182

Abstract

Village Regulations are the result of a legal process at the village level that is authorized by the Village Head together with the Village Consultative Body. The Village Consultative Body acts as a liaison between the Village Head and the Village community. This research aims to explore the implementation of the functions of the Village Consultative Body in the formation of Village Regulations in Peguyangan Kangin Village and identify obstacles or barriers faced by the Village Consultative Body in the process. The research method used is an empirical legal method. The results showed that although the Village Consultative Body has a function to take and propose ideas from the community, its implementation has not been optimal because there are still obstacles, such as community disapproval of the Village Regulations made. Efforts made include socializing the formation of Village Regulations to the community. Therefore, the Village Consultative Body should become more proactive in carrying out their roles and functions.

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