Jurnal Preferensi Hukum (JPH)
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.
Articles
396 Documents
<![CDATA[Kewenangan Notaris dalam Pembuatan/ Pencabutan Surat Wasiat (Testament) ]]>
<![CDATA[Agus Wahyu Suniayasa]]>;
<![CDATA[I Nyoman Sumardika]]>;
<![CDATA[Ni Gusti Ketut Sri Astiti]]>
<![CDATA[ Jurnal Preferensi Hukum Vol. 1 No. 2 (2020): Jurnal Preferensi Hukum ]]>
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DOI: 10.22225/jph.1.2.2335.6-10
<![CDATA[Humans are social creatures which in their lives always need help from those around them even though that person is about to die. Therefore, a person while away from death has the desire to arrange an inheritance which may be passed on to his offspring. After a person passed away, this wealth can cause problems in the family and society. So rules and solutions are needed according to applicable and permanent laws which refer to the appropriate Law. For example, if someone's message is to be revealed, it can be written into an authentic will deed made by a notary public which is commonly called a will or testament. This study aimed to reveal how the authority of the notary in making a will or testament and how the duties and authority of the notary in the event of execution of wills or if there is revocation of wills. This research employed a normative method and is studied with a statutory approach and a conceptual approach. The legal materials used are primary and secondary legal materials, which are processed and analyzed descriptively. The results of this study indicated that the notary has the authority to keep a will as a written or closed will and is entitled and obliged to report the will to Balai Harta Peninggalan in the area where the notary serves. In addition, if the testator changes the contents of his will, the notary must report the matter to the Central Register of Wills.]]>
<![CDATA[Kebijakan Hukum Pidana bagi Tindak Pidana Cyber Terrorism dalam Rangka Pembentukan Hukum Positif di Indonesia ]]>
<![CDATA[Zephirinus Jondong]]>
<![CDATA[ Jurnal Preferensi Hukum Vol. 1 No. 2 (2020): Jurnal Preferensi Hukum ]]>
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DOI: 10.22225/jph.1.2.2337.21-27
<![CDATA[The advancement of internet-based computer technology has not only a positive impact on its users but also a negative impact, one of which is the creation of new forms of crime such as terrorism. Based on this background, this research was conducted with the aim of revealing how the regulation of criminal acts of terrorism committed through cyberspace (cyber terrorism) in positive law in Indonesia and how criminal law policies in Indonesia in the future in regulating criminal acts of terrorism committed through cyberspace (cyber terrorism). This research was designed using normative legal research methods. The results of this study reveal that in Indonesia, the criminal act of cyber terrorism is not regulated in the Criminal Code (KUHP) or the Laws and Regulations that regulate the field of terrorism. In a situation like this, the perpetrator of the crime of cyber terrorism can be declared free from punishment because there is no element against the law regulated in the Act attached to the act. Therefore, in order to be convicted of a crime, the crime of cyber terrorism must be formulated clearly. In addition, in establishing a criminal law policy regarding cyber terrorism, cyber terrorism must be considered so that it can be made a criminal act and sanctions can be imposed on the perpetrator]]>
<![CDATA[Peran Badan Penyelesaian Sengketa Konsumen (BPSK) dalam Penyelesaian Sengketa Konsumen (Studi Kasus : Putusan BPSK Badung No.01/AP/BPSK/IV/2016) ]]>
<![CDATA[Arianto Hulu]]>;
<![CDATA[A.A. Laksmi Sagung Dewi Ni]]>;
<![CDATA[Made Sukaryati Karma]]>
<![CDATA[ Jurnal Preferensi Hukum Vol. 1 No. 2 (2020): Jurnal Preferensi Hukum ]]>
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DOI: 10.22225/jph.1.2.2338.28-32
<![CDATA[Indonesia, with the fourth largest population in the world, is a large market share for business actors. However, this potential is not free from negative things where business actors often only make consumers the object of their business activities without paying attention to the quality of the products being marketed so that consumers suffer losses. Responding to this phenomenon, the Consumer Dispute Resolution Agency (BPSK) was formed as an alternative means of dispute resolution between Buyers and Sellers with the aim of resolving disputes between the two parties in an effective and efficient non-litigation manner. This organization is not systemic but has the function of resolving conflicts that occur between producers and buyers on a non-litigation basis. This research was conducted with the aim of describing the forms of consumer legal protection for business actors and the role of BPSK in resolving consumer disputes. The research method used in this paper was a normative legal research method. This research showed that consumer legal protection for business actors is regulated in article 1 number 3 Law No. 8 of 1999 regarding consumer protection which states that a business actor is an entire person or individual or a business entity based on law or not and the place to carry out these activities in the territory of the Republic of Indonesia. In addition, BPSK has a role in carrying out the process and resolving consumer conflicts through mediation, arbitration or conciliation with opportunities ranging from consumer protection consultations, supervision in the application of agreements, making reports to investigators if there are indications of legal violations, receiving complaints, conducting studies and analysis of conflicts that occurred, summoning the parties, witnesses and any individual who is aware of an incident of law violation.]]>
<![CDATA[Akibat Hukum dari Wanprestasi dalam Transaksi Jual Beli Secara Instagram ]]>
<![CDATA[Ryan Prastya Mariata Putra]]>;
<![CDATA[Ida Ayu Putu Widiasti]]>;
<![CDATA[Ni Made Puspasutari Ujianti]]>
<![CDATA[ Jurnal Preferensi Hukum Vol. 1 No. 2 (2020): Jurnal Preferensi Hukum ]]>
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DOI: 10.22225/jph.1.2.2339.33-36
<![CDATA[The influence of globalization that occurs today has made information and communication technology became something very important for society because it presents a world without boundaries, distance, space, and time. This has made changes to the lifestyles of the people as well as changed the social, economic, cultural, security, and law enforcement. This research was conducted with the aim of describing the rights and obligations of the parties in an Instagram trade agreement and the legal consequences of negligence on an Instagram trade agreement. This research was conducted using normative legal research methods. The results of this study showed that the rights and obligations of the parties to the engagement on Instagram are regulated in the PK Law. Consumers and business actors have their respective rights and obligations. In addition, the legal consequences for a debtor/party who has the obligation to perform in the engagement but has committed negligence, namely: he must pay compensation suffered by the creditor/party who has the right to receive achievement (vide Article 1243 of the Civil Code); he must accept the decision of the engagement accompanied by payment of compensation (vide Article 1267 of the Civil Code); he must accept the transfer of risk from the moment of failure (vide Article 1237 paragraph (2) of the Civil Code); and he must pay court fees if litigated in court (vide Article 181 paragraph (1) HIR).]]>
<![CDATA[Sanksi Pidana terhadap Warga Negara Asing yang Melakukan Tindakan Pembobolan Anjungan Tunai Mandiri (Atm) dengan Teknik Skimming ]]>
<![CDATA[Christin Dessy Natalia]]>;
<![CDATA[A.A Sagung Laksmi Dewi]]>;
<![CDATA[I Made Minggu Widyantara]]>
<![CDATA[ Jurnal Preferensi Hukum Vol. 1 No. 2 (2020): Jurnal Preferensi Hukum ]]>
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DOI: 10.22225/jph.1.2.2340.37-41
<![CDATA[The level of crime vulnerability in cyberspace (cybercrime) today and its impact has exceeded the real world. Cybercrime is a dark side of technological advances that have a very broad negative impact on all areas of modern life today. The impact that will be felt as a result of the collapse of a bank is not only limited to the bank concerned but will have a broad impact on other banks. This research was conducted with the aim of uncovering the causes of the crime of burglary using skimming techniques based on Law No. 19 of 2016 and the criminal responsibility of the perpetrators of criminal acts of ATM burglary using skimming techniques based on Law no. 19 of 2016. This research employed normative legal research methods. The results of this study showed that the cause of the crime of burglary using skimming techniques is the negligence of the owner of the ATM card. In the crime of skimming ATM burglary, unawarely the victim usually has been video recorded when inserting the ATM pin and the magnetic tape has been recorded through a special device. In the results of this study, it was also stated that the crime of burglary with ATM machines using skimming techniques could be charged under Article 30 of the ITE Law, so that police officers have a legal basis to take action to investigate ATM card crimes and other electronic transactions.]]>
<![CDATA[Perlindungan Hukum terhadap Anak dalam Terjadinya Perceraian ]]>
<![CDATA[Gede Andi Wiradharma]]>;
<![CDATA[I Nyoman Putu Budiartha]]>;
<![CDATA[I Ketut Sukadana]]>
<![CDATA[ Jurnal Preferensi Hukum Vol. 1 No. 2 (2020): Jurnal Preferensi Hukum ]]>
Publisher : <![CDATA[Warmadewa Press ]]>
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DOI: 10.22225/jph.1.2.2341.47-50
<![CDATA[Marriage is a thing that unites two individuals into one through a religious and legal ceremony. After the wedding ceremony takes place, the two individuals are married-couple. In undergoing marriage, a lot of things must be passed, so the husband and wife will have differences of opinion. The differences of opinion sometimes cause husband and wife to experience conflict which will usually lead to a fight that often ends to divorce. This research was conducted with the aim of describing how the regulation of child custody rights according to the law in Indonesia and how the legal protection of children's rights due to divorce. This research was designed using a normative legal research method. The results of this study showed that the regulation of child custody according to the law in Indonesia is regulated in Law Number 35 of 2014 concerning Child Protection and also mentions children's rights and obligations. In this law, child protection takes precedence. In addition, legal protection for children's rights due to divorce is also guaranteed where children are still entitled to receive rights from their parents such as getting an education, a decent place to live, feel secure, and get health insurance.]]>
<![CDATA[Penentuan Nilai Pemungutan Pajak Bea Perolehan Peralihan Tanah oleh Pemerintah dalam Penyelenggaraan Otonomi Daerah ]]>
<![CDATA[I Gde Chandra Astawa Widhiasa]]>;
<![CDATA[I Wayan Arthanaya]]>;
<![CDATA[Luh Putu Suryani]]>
<![CDATA[ Jurnal Preferensi Hukum Vol. 1 No. 2 (2020): Jurnal Preferensi Hukum ]]>
Publisher : <![CDATA[Warmadewa Press ]]>
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DOI: 10.22225/jph.1.2.2342.57-61
<![CDATA[One of the authorities possessed by the regional government is in terms of tax collection, one of which is the Land Title Acquisition Fees (BPHTB) carried out by the Regional Revenue Agency. The legal basis is Law Number 28 of 2009. The proceeds of the revenue which constitute state revenue are handed over to the regional government to finance development in the regions and realize regional autonomy. This study aims to identify and describe the basis for local government regulations to determine the value of an object of land rights as a tax object and to regulate the authority to collect BPHTB in relation to local regulations. Researchers used an empirical method, namely an approach with legal aspects from the results of research in the field through data collected through interviews and observations. The results of research which are based on BPHTB which are the final results of BPHTB are the results of the Acquisition of Tax Objects (NPOP). NPOP is stipulated in Article 87 of Law No.28 of 2009 concerning Regional Taxes and Regional Levies. Fees for acquisition of land rights that were not previously imposed in the case of transfer, with the issuance of Law Number 21 of 1997 which was later bound by Law Number 21 of 2000 which gave regional government authority to impose it.]]>
<![CDATA[Penyelesaian Perkara Pelanggaran Hak atas Merek ]]>
<![CDATA[I Gede Mahendra Juliana Adiputra]]>;
<![CDATA[Ida Ayu Putu Widiati]]>;
<![CDATA[Ni Made Puspasutari Ujianti]]>
<![CDATA[ Jurnal Preferensi Hukum Vol. 1 No. 2 (2020): Jurnal Preferensi Hukum ]]>
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DOI: 10.22225/jph.1.2.2343.67-71
<![CDATA[The existence of competition causes the original brand owner to feel disadvantaged because the sales result has decreased. It is permissible for someone to use another party's mark as long as they ask permission from the trademark owner first. The owner can give trademark rights to other people as agreed in an agreement. The formulation of the problem in this research is as follows: how is the legal protection of trademark rights and how to resolve violations of trademark rights. The research method used in this research is normative legal research. The results of the discussion in this study are as follows: Legal protection of the right to a trademark has been regulated by Law Number 20 of 2016 concerning Trademarks and Geographical Indications, in the provisions of the Law it is expressly stated that if it has been registered in the law that the right to a trademark has been protected. The sanction imposed on the perpetrator of the crime of trademark rights is a fine of Rp. 20,000,000, - (twenty million rupiah) on condition that if the fine is not paid, he will be subject to imprisonment for 6 (six) months. Settlement of trademark cases can be carried out through institutions that can be used to resolve trademark disputes, including: Alternative Dispute Resolution, Arbitration and Courts. Alternative dispute resolution wants the disputing parties to resolve their own dispute with the aim of obtaining a mutual agreement, if the agreement fails, can take arbitration, namely the disputing parties to be able to resolve the dispute to the arbitration institution based on the agreement, furthermore, if the arbitration is successful the last action is through the court, namely the commercial court which has the authority to adjudicate trademark disputes.]]>
<![CDATA[Penegakan Hukum terhadap Penipuan Melalui Media Elektronik ]]>
<![CDATA[I Gusti Made Jaya Kesuma]]>;
<![CDATA[Ida Ayu Putu Widiati]]>;
<![CDATA[I Nyoman Gede Sugiartha]]>
<![CDATA[ Jurnal Preferensi Hukum Vol. 1 No. 2 (2020): Jurnal Preferensi Hukum ]]>
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DOI: 10.22225/jph.1.2.2345.72-77
<![CDATA[Penipuan melalui media elektronik tengah marak terjadi di Indonesia pada era globalisasi ini. Hal tersebut menarik perhatian untuk meneliti tentang Penegakan Hukum Terhadap Penipuan Melalui Media Elektronik. Penelitian ini bertujuan untuk mengetahui penegakan hukum terhadap tindak pidana penipuan melalui media elektronik, dan untuk mengetahui faktor-faktor terjadinya tindak pidana penipuan melalui media elektronik. Penyajian ini menggunakan metode penelitian Normatif. Secara umum, tindak pidana penipuan di Indonesia diatur dalam pasal 378 KUHP, sedangkan tindak pidana penipuan dengan menyebarkan berita bohong yang merugikan konsumen dalam transaksi elektronik melalui media online atau elektronik diatur dalam pasal 28 Ayat (1) Undang-Undang ITE. Penyebaran berita bohong ini disamakan dengan tindak penipuan pada dunia nyata sebagaimana diatur pada pasal 378 KUHP. Penerapan sanksi pidana terhadap penipuan melalui media elektronik dapat dikenakan pasal yang berlapis terhadap suatu tindak pidana yang memenuhi unsur-unsur tindak pidana penipuan sebagaimana diatur dalam pasal 378 KUHP dan memenuhi unsur-unsur tindak pidana pasal 28 ayat (1) Undang-Undang ITE.]]>
<![CDATA[Mekanisme Penyelesaian Sengketa Informasi Publik di Pengadilan Tata Usaha Negara Denpasar ]]>
<![CDATA[I Made Bayu Ari Budi Utama]]>;
<![CDATA[Ida Ayu Putu Widiati]]>;
<![CDATA[Luh Putu Suryani]]>
<![CDATA[ Jurnal Preferensi Hukum Vol. 1 No. 2 (2020): Jurnal Preferensi Hukum ]]>
Publisher : <![CDATA[Warmadewa Press ]]>
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DOI: 10.22225/jph.1.2.2346.93-98
<![CDATA[The sustainability of public information is an inseparable aspect of democracy, which upholds freedom and human rights. The sustainability of public information is an important aspect in fulfilling individual rights to public information. However, in practice, the public's understanding of the dispute resolution mechanism on the Sustainability of Public Information is still low. In addition, in the implementation of this Public Information Sustainability dispute, there are still obstacles that can interfere with the implementation process. That can be in the form of the applicant's lack of interest in requesting information and the applicant's lack of understanding of the administrative process in dispute implementation. Based on these problems, the purpose of this study is to know the efforts to resolve public information disputes and practice the process of dispute resolution on the sustainability of public information. The research method used is the empirical method assisted by primary and secondary legal material sources and uses qualitative techniques, namely by describing legal data first, then analyze through analysis techniques with interpretive techniques and shed descriptively in the form of a thesis. Efforts to resolve public information disputes can be carried out through two processes, namely the non-litigation process carried out at the competent Regional Information Commission and the litigation process undertaken at the State Administrative Court if the disputing public body is a State-owned public agency or a PN if the disputing public body is said. is a private public body. In practice, the process of resolving information sustainability disputes in Indonesia still has obstacles which can be in the form of misunderstandings caused by the applicant's lack of understanding of the application mechanism or the stages of the administrative process that must be passed in filing a dispute on the sustainability of public information.]]>
