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Jurnal Preferensi Hukum (JPH)

juprehum
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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 396 Documents

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Tinjauan Yuridis Pengajuan Permohonan Peninjauan Kembali pada Perkara Pidana dalam Sistem Hukum Indonesia I Made Widi Adi Peremana; A. A. Sagung Laksmi Dewi; Ni Made Sukaryati Karma
Jurnal Preferensi Hukum Vol. 1 No. 2 (2020): Jurnal Preferensi Hukum
Publisher : Warmadewa Press

The study of this research is the submission of requests for reconsideration in criminal cases in the Indonesian legal system which became a polemic after the issuance of the Constitutional Court Decision Number 34 / XI-PUU / 2013 and Circular Letter of the Supreme Court (SEMA) Number 7 of 2014 concerning Submission of Reappeals in Cases Criminal. The research objectives to be achieved, in this case, are the regulation of legal reconsideration efforts in Indonesia and the procedure for submitting a request for review in the Indonesian system. Researchers use a normative juridical approach or library research or doctrinal legal research which can be interpreted as legal research by examining library materials and secondary materials. This study illustrates that the regulations for reconsideration in the legal system in Indonesia are based on various regulations, namely Law Number 8 of 1981 concerning the Criminal Procedure Code, Law No. 3 of 2009 concerning the Supreme Court, Law no. 48 of 2009 concerning Judicial Power, Circular Letter of the Supreme Court of the Republic of Indonesia No. 7 of 2014 concerning Review of Criminal Cases and Submission of Reconsiderations at this time refers to the provisions of the Circular Letter of the Supreme Court of the Republic of Indonesia No. 7 of 2014 concerning Reconsideration in Criminal Cases.

Pengaruh Sistem Kartel terhadap Stabilitas Persaingan Usaha di Indonesia I Putu Ari Santika Putra; Ni Luh Made Mahendra Wati; I Nyoman Sutama
Jurnal Preferensi Hukum Vol. 1 No. 2 (2020): Jurnal Preferensi Hukum
Publisher : Warmadewa Press

A cartel is an agreement made by a business actor with its competitors to gain excessive profits, which is stated in article 11 of Law No. 5 of 1999 concerning anti-monopoly and unfair business competition in Indonesia, the influence of cartels in business competition can cause unfair competition, damage market stability, and shut down competition in a particular market. The objectives presented in this study are to determine the forms of cartels that usually occur in limiting unfair business competition in Indonesia, and to determine the factors used by KPPU in identifying early indicators of cartel systems. This study uses a normative legal method with rationality which examines the influence of the cartel system on the stability of business competition in Indonesia, which appears to have experienced norm blur. The data source used in solving problems is the statutory approach. Literatures, journals and various related documents. The results of the discussion show that cartels have several types, namely regional cartels, production, prices, conditions, profit sharing, the influence of the cartel system in business competition which has a negative impact which causes unfair business competition, as well as harms various parties ranging from business actors, consumers, to the government. Then, in identifying the occurrence of cartels, there are several factors used by KPPU, namely structural factors consisting of the level of market concentration, number of companies, company size, homogeneity of goods or services, multi-market contacts, supply and production capacity, ownership linkages, ease of entry. specific market share, the character of demand. The next factor is the behavioral factor which is divided into two parts, starting from transparency and information exchange.

Pemecahan Sertifikat Hak atas Tanah yang Sedang Dibebani Hak Tanggungan I Putu Gian Favian Adhi Pradana; I Made Suwitra; I Ketut Sukadana
Jurnal Preferensi Hukum Vol. 1 No. 2 (2020): Jurnal Preferensi Hukum
Publisher : Warmadewa Press

The purpose of the procedure for certificate management is still bound by mortgage rights, namely to provide legal protection for creditors, if there is a certificate holder, all of the breakers will be re-burdened according to the loan borrowed. This study aims to look at the legal protection for the bank against land title certificate holders who are encumbered with mortgage rights and legal responsibilities for land title certificates that are encumbered with mortgage rights. This research uses a type of normative legal research, with an invited-invited approach (The Statute Approach) and a conceptual approach. The results showed that the legal protection measures for the bank against the management of land title certificates that were encumbered with mortgage rights could be done by making a power of attorney to charge and making them to sell. In practice, in order to obtain a legal protection against the certainty of the guarantee to be resolved, the Bank will ask permission to make a power of attorney to make the sale. In this case a power of attorney is made to sell by the bank's debtor and can also sell the guarantee. As a result of the legal law, the certificate which is being burdened with a mortgage will be nullified and will be re-burdened on the owner.

Putusan Pengadilan Agama Badung Nomor 0166/Pdt.G/2017/PA. Bdg Tentang Cerai Gugat Karena Salah Satu Pihak Berbeda Agama I Putu Wina Wirawan; I NYOMAN PUTU BUDIARTHA; NI MADE PUSPASUTARI UJIANTI
Jurnal Preferensi Hukum Vol. 1 No. 2 (2020): Jurnal Preferensi Hukum
Publisher : Warmadewa Press

Marriage is a sacred bond because in that marriage bond there are not only physical and mental bonds but also spiritual bonds based on God Almighty. A lawsuit divorce is the breaking of the husband and wife ties, in which case the wife is the one who filed a divorce suit against the husband. This study aims to determine why religious differences can be used as an excuse for a legal divorce in the Badung religious court and to find out the judges' considerations in cases at the Badung religious court. The type of research used in this research is Empirical Legal Research, which is taken based on facts that occur in the field, which are obtained through explanations from informants and studied with real legal attitudes or in accordance with life in society. The result of this research is that religious differences are used as the reason for a legal divorce in the Badung religious court in fact the marriage law and its implementing regulations do not regulate religious conversion (murtad) as the reason for breaking up a marriage because the State of Indonesia adheres to the principle of religious freedom. However, the KHI in Article 116 letter (k) states one of the reasons for divorce, namely when one of the parties leaves the religion (murtad). 2) The considerations of the panel of judges in a sue divorce case at the Badung religious court already have strong considerations and reasons to be used as a basis for making a decision, such as in the case decision Number 0166 / Pdt.G / 2017 / PA.Bdg. So it can be concluded that Divorce is only said to be valid after a court decision has permanent legal force, and the Panel of Judges in adjudicating a proposed divorce case must know clearly the facts that cause religious conversion.

Tinjauan Yuridis terhadap Tindak Pidana Pungutan Liar (Pungli) I Wayan Arsa Yogi Wiguna; I Nyoman Sujana; I Nyoman Gde Sugiartha
Jurnal Preferensi Hukum Vol. 1 No. 2 (2020): Jurnal Preferensi Hukum
Publisher : Warmadewa Press

In the community, it is often heard about illegal fees which are a form of criminal act. This study aims to determine the regulation of illegal levies (Pungli) based on Regional Regulation No. 8/2010 concerning levies, creations and sports and to determine the imposition of criminal sanctions against perpetrators who commit illegal extortion (Pungli). The research method used is the normative research method, primary and secondary legal material sources, records of statutory books and other literature are carried out to collect data, and analysis of legal materials using legal arguments. The results of this study indicate that the regulation of corruption is implied in the formulation of corruption in several articles including Article 423 of the Criminal Code referred to in Article 12 of Law Number 31 Year 1999 as a criminal act of corruption, which is then reformulated in Law Number. 20 of 2001 concerning the crime of corruption. Legal sanctions against extortion consist of social sanctions and criminal sanctions. The law on corruption is stated in it regarding the crime of extortion.

Upaya Paksa terhadap Pejabat yang Tidak Melakukan Putusan Pengadilan Tata Usaha Negara Denpasar I Wayan Dedy Cahya Pratama; Anak Agung Sagung Laksmi Dewi; Luh Putu Suryani
Jurnal Preferensi Hukum Vol. 1 No. 2 (2020): Jurnal Preferensi Hukum
Publisher : Warmadewa Press

The discussion in the writing of this thesis is a problem related to forced efforts as regulated in article 116 where in this article forced efforts (Dwangsom) are regulated. The purpose of implementing compulsory measures so that the decisions issued are carried out by those concerned. This study aims to determine the mechanism of forced attempts to officials who do not carry out the TUN Judicial Decision and to find out the obstacles to forced attempts against the TUN Judicial Decision. Normative legal research is used as a research method, which is a stage to find legal regulations, legal principles in order to answer the contents of the law in this thesis with a statutory approach, legal theory and a conceptual approach. Primary and secondary sources of legal materials are then analyzed to obtain conclusions and suggestions. The results showed that the efforts to force the decision, namely Dwangsom and administrative sanctions at the PTUN which had been incracht could not be implemented optimally. The obstacle in forced efforts related to the execution of the PTUN Decision is that there is no special agency tasked with implementing the decision, therefore the government has revised the PTUN Law and provisions relating to Forced Efforts issued by the Supreme Court so that it can be applied by the PTUN judge so that it can be applied and implemented optimally.

Jaksa Selaku Eksekutor dalam Putusan Pengadilan Tindak Pidana Pembunuhan I Wayan Edi Kurniawan; Anak Agung Sagung Laksmi Dewi; I Made Minggu Widyantara
Jurnal Preferensi Hukum Vol. 1 No. 2 (2020): Jurnal Preferensi Hukum
Publisher : Warmadewa Press

Enforcement of the criminal justice system in Indonesia can also be carried out by implementing court decisions that have permanent legal force. The party that has the authority to implement the judge's decision is the prosecutor. In the contents of the criminal decision, the prosecutor's office has the authority to immediately carry out the execution in accordance with the Criminal Procedure Code. This study aims to determine the authority of the prosecutor in carrying out the execution, and to determine the execution mechanism for the crime of murder. This research uses normative methods, statutory approaches, conceptual approaches, primary legal materials, secondary legal materials, tertiary legal materials, document studies, literature studies, internet studies and analysis of legal interpretations, and descriptive analysis. The only executing agency in the State of Indonesia is the Attorney General's Office of the Republic of Indonesia. The meaning of executor is the party who has the authority to carry out court decisions based on the applicable law. The results showed that in carrying out court decisions, the prosecutor's office had duties and functions, one of which was as an executor as well as a general prosecutor. A decision that can be executed is only one that has permanent legal force and there are no more legal remedies. Prosecutors as law enforcement officers in carrying out their duties must be based on the applicable legal rules. Do not let the prosecutor violate rules that are not under their authority. Law enforcement officials who carry out executions must carry out the execution as quickly as possible and no criminal offender is executed late.

Peran Lembaga Pusat Pelaporan dan Analisis dalam Penaggulangan Tindak Pidana Money Laundring I Wayan Panca Eka Darma; I Made Minggu Widyantara; Ni Made Sukaryati Karma
Jurnal Preferensi Hukum Vol. 1 No. 2 (2020): Jurnal Preferensi Hukum
Publisher : Warmadewa Press

The duties, authorities, functions and criminal acts of money laundering in Indonesia are regulated in Law No. 8 of 2010 concerning the Prevention and Eradication of Criminal Acts of Money laundering. This study examines two issues: the role of the PPATK agency in combating money laundering after the enactment of Law No. 8 of 2010 concerning the Prevention and Eradication of Money laundering and criminal sanctions against perpetrators of criminal acts of money laundering in Indonesia. This research uses normative legal method, a process of finding legal rules, legal principles, and legal doctrines in order to answer the legal issues under study from the perspective of statutory regulations. PPATK is an independent agency that has 3 main roles in the prevention and eradication of money laundering, namely: receiving reports on suspicious financial transactions, analysing the reports received from reporting parties, and forwarding the results of report analysis to the authorised party. Article 2 paragraph 1 jo Article 18 of Law Number 31 of 1999 concerning Criminal Acts of Corruption as amended into Law Number 31 of 2001 concerning the Amendment to Law Number 31 of 1999 jo Article 55 paragraph 1 of the Criminal Code. Subsidiarily Article 3 jo Article 18 Law Number 31 of 1999 concerning Eradication of Corruption Crime as amended to Law Number 20 of 2001 concerning the Amendment to Law Number 31 of 1999 jo Article 55 paragraph 1 of the Criminal Code. Secondly, Article 3 paragraph (1) letter g of Law Number 25 of 2003 concerning the Amendment to Law Number 15 of 2002 concerning the Criminal Acts of Money laundering jo Article 55 paragraph (1) of the Criminal Code.

Peranan Lembaga Pemberdayaan Lembaga Perkreditan Desa (LPLPD) dalam Penyelesaian Kredit Macet I Wayan Sastrawan, Ida Ayu Putu Widyati; Ida Ayu Putu Widyati; Ni Made Puspasutari Ujianti
Jurnal Preferensi Hukum Vol. 1 No. 2 (2020): Jurnal Preferensi Hukum
Publisher : Warmadewa Press

The community in Bali is greatly aided by the credit facilities with the existence of the Village Credit Institution (LPD). The institution is the lifeblood of the village’s economy. Looking through the importance of the LPD’s function, it is necessary to have a special institution having the power of empowering the LPD, so the Village Credit Institution Empowering Agency (LPLPD) is established. This study examines the role of the LPLPD in settling bad credit as well as the procedures for settling the bad credit at the LPD. This issue is examined by the normative legal research method. In empowering the LPD, the LPLPD performs its duties through technical strengthening related to administration and bookkeeping, checking, upgrading, LPD security budget management, LPD supply guarantee budget management, LPD liquidity support budget management, and control of LPD problems. LPLPD also seeks to prevent the risk of bad credit arising in the LPD through coaching that has been planned and scheduled in each district. LPLPD takes preventive or initial preventive action with technical guidance such as administrative guidance, bookkeeping including credit guidance. LPLPD does not participate in direct credit problem solving. On the other hand, these institutions provide solutions to LPD administrators to analyse the problem whether the credit process is due to the fault of the process or because the customer is not able to make payment. If the technical or the credit process that is wrong, it is the responsibility of the manager; however, if the process is correct but the customer causes a problem, the process must go through billing in accordance with the credit agreement. If there is already bad credit, the steps that must be taken are billing, restoration and if these are unhelpful then ultimately an credit guarantee auction is carried out.

Pelaksanaan Eksekusi Jaminan Fidusia dalam Hal Debitur Wanprestasi Pada Koperasi Simpan Pinjam Wisata Bali I Wayan Wahyu Wisnanta; I Nyoman Putu Budiartha; Ni Made Puspasutari Ujianti
Jurnal Preferensi Hukum Vol. 1 No. 2 (2020): Jurnal Preferensi Hukum
Publisher : Warmadewa Press

Cooperatives hold a very positive role in the improvement of people’s welfare in Indonesia, so that the welfare of the wider community can be enhanced significantly. Cooperatives perform a crucial task to improve the standard of living of all members of society. In carrying out its duties, the cooperative also acts as a financial place that has the purpose of providing loans and other money service needs. This study examines the implementation of the fiduciary guarantee execution and the factors that hinder the implementation of the said fiduciary guarantee if the debtor defaults at the Bali Tourism Cooperative. This research was conducted using empirical legal research. The data source of this research is primary data, which is data obtained from research carried out directly in the field and from cooperatives. The results show that the implementation of fiduciary security at the Bali Tourism Savings and Loans Cooperative is in accordance with the Standard Operating Procedures (SOP) owned by the Bali Tourism Savings and Loan Cooperative and does not conflict with existing regulations. Factors hampering the execution of the fiduciary guarantees in the event of defaulting debtors are guarantees that they are not registered at a fiduciary institution due to cost and time. Therefore, in issuing credit with a fiduciary guarantee, the Bali Tourism Cooperative must make an authentic deed before a notary and be registered with the Ministry of Law and Human Rights in order to further ensure legal certainty for negligence in the obligation to treat fiduciary collateral as the responsibility of the fiduciary debtor.

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Nyoman Gede Sugiartha

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Home Page

OAI Link

Editorial Team

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Contact Name Nyoman Gede Sugiartha

Contact Email preferensihukum@gmail.com

Phone +6281237083338

Journal Mail Official preferensihukum@gmail.com

Editorial Address Jl. Terompong No.24, Sumerta Kelod, Kec. Denpasar Tim., Kota Denpasar, Bali 80239

Location Kota denpasar, Bali INDONESIA

Abstract

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Contact Name
Nyoman Gede Sugiartha

Contact Email
preferensihukum@gmail.com

Phone
+6281237083338

Journal Mail Official
preferensihukum@gmail.com

Editorial Address
Jl. Terompong No.24, Sumerta Kelod, Kec. Denpasar Tim., Kota Denpasar, Bali 80239

Location
Kota denpasar,

Bali

INDONESIA