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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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Bhabinkamtibmas dalam Menjaga Keamanan dari Paham Radikalisme di Wilayah Hukum Polsek Denpasar Timur Ni Nyoman Septiana Dewi; A.A SAGUNG LAKSMI DEWI; I MADE MINGGU WIDYANTARA
Jurnal Preferensi Hukum Vol. 1 No. 2 (2020): Jurnal Preferensi Hukum
Publisher : Warmadewa Press

Bali is one of the tourist destinations; many come for a vacation and enjoy the beauty of the island of Bali, both foreign nationals and local tourists. The number of local tourists and foreign nationals who come to Bali is used by a handful of people to commit crimes, as recently happened in the jurisdiction of the East Denpasar Police. The joint team of Densus 88 Police Headquarters, Task Force CTOC and Brimob Polda Bali, on Tuesday, June 26 2018 at 20.30 WITA, raided one of the houses on Jl. Gandapura related to Radicalism Group. This study explores two issues, namely Bhabinkamtibmas efforts in maintaining security from radicalism and the factors that can influence the development of radicalism. The method of research used in this study is normative legal research using a statutory approach. Bhabinkamtibmas are police officers who work at the village to sub-district level and carry out a preventive function by partnering with community members, and have an important role in preventing the development of radicalism. The conclusion from the results of this study is that radicalism appears as a notion or ideology that demands change and renewal of social and political systems by means of (Sztompka, 1993; Odea, 1996). As an effort by Babhinkamtibmas to prevent the development of factors that can cause radicalism, legal guidance and counseling and social security are provided to increase legal awareness and social security by upholding human rights (HAM) in the jurisdiction of the East Denpasar Police.

Kewenangan Pemerintah Daerah dalam Mengendalikan Pembangunan Kawasan Bandar Udara Ni Wayan Lusiana Sari; Desak Gde Dwi Arini; Luh Putu Suryani
Jurnal Preferensi Hukum Vol. 1 No. 2 (2020): Jurnal Preferensi Hukum
Publisher : Warmadewa Press

Aviation safety and security is our shared responsibility. Accidents and incidents caused by kite games or other similar games can result in casualties, machine damage and weaken the level of compliance. I Gusti Ngurah Rai Airport Flight Operational Safety Area is air, land and water space with a radius of 15 km from the runway at I Gusti Ngurah Rai Airport. The plane that was flown by SYD - DPS was not allowed to land because of a kite near the end of Runway 27 so that my plane had to spin around. The research objective is to study and analyze regional arrangements and the authority of local governments in controlling the development of the airport area. This research uses a normative type of research, by examining library materials by studying and examining theories of concepts, as well as regulations relating to problems. The results showed that the Airport Flight Operations Safety Zone Arrangement was stipulated based on the Government Regulation on aviation security and safety, which stipulates that airport operators are obliged to protect the airport environment in order to avoid disturbances that slow down flights. The authority of a regional government in controlling the flight area is to organize spatial planning in its area while still understanding the rights that people have in accordance with applicable regulations.

Perlindungan Hukum terhadap Anak yang Menjadi Korban Tindak Pidana Persetubuhan di Bawah Umur Agustinus Yitsak Mannuel Kapitan; I Made Sepud; I Nyoman Sujana
Jurnal Preferensi Hukum Vol. 1 No. 2 (2020): Jurnal Preferensi Hukum
Publisher : Warmadewa Press

Legal protection is a legal effort that must be provided by law enforcement officials to provide a sense of security to the community both body and soul from interference and threats from any party. The protection of children who are victims of moral crimes is regulated in Law Number 23 of 2002 jo and Law Number 35 of 2014 concerning Child Protection. This research was conducted with the aim of describing the legal protection of a child who is the victim of criminal acts of sexual intercourse and the criminal sanctions against the perpetrators of the sexual intercourse crime on a child. This research was conducted using the normative legal research method. Based on the results of the research and discussion, the legal protection for children who are victims of criminal acts of intercourse is regulated in Law No. 35/2014. Children who are victims are given protection in the form of medical assistance, psycho-rehabilitation, the right to restitution, the right to compensation. Criminal sanctions against the perpetrator of the criminal act of child sexual intercourse in decision number 58 / Pid.Sus / 2015 / PN.Tab, the perpetrator was sentenced to 7 (seven) years in prison and a fine of 150,000,000.00. Seeing the perpetrator's actions were very cruel, robbing other people's honor, namely his own daughter, the punishment that should be given to the perpetrator is the maximum punishment. If the fine cannot be paid, the defendant's sentence will be increased to 6 (six) months.

Hak Waris Bagi Ahli Waris yang Tidak Dapat Ditentukan Keberadaannya Menurut Kitab Undang-Undang Hukum Perdata Anak Agung Krisna Kumala Dewi; I Nyoman Putu Budiartha; Diah Gayatri Sudibya
Jurnal Preferensi Hukum Vol. 1 No. 2 (2020): Jurnal Preferensi Hukum
Publisher : Warmadewa Press

The heirs whose whereabouts cannot be determined are the heirs who have lost the news, so it is not known whether he is alive or dead. These are usually called missing persons. However, in fact, a lot of heirs ignore the inheritance rights of an heir whose existence cannot be determined. Based on this background, this research was conducted with the aim of elaborating the arrangement of inheritance rights for heirs whose existence cannot be determined and the legal consequences for heirs whose existence is known after the inheritance is divided. This study used a normative legal research method with a statutory and conceptual approach. The results of this study showed that the existence of inheritance rights for heirs that cannot be determined is regulated in Article 463 of the Civil Code. The inheritance rights of heirs whose existence cannot be determined remain attached to it in accordance with the provisions of Article 467 of the Civil Code. However, as long as the whereabouts of the heir are not known, the position will be replaced by the successor heirs. Furthermore, as a legal consequence after an heir is known to exist, the replacement heir is obliged to return all the inherited assets received under the provisions of Article 482 paragraph (1) of the Civil Code.

Kedudukan Anak Adopsi dalam Pewarisan Berdasarkan atas Hukum Adat Bali I Gede Eka Julia Artanida wijaya
Jurnal Preferensi Hukum Vol. 1 No. 2 (2020): Jurnal Preferensi Hukum
Publisher : Warmadewa Press

The law of inheritance is a law that regulates what should happen to the deceased person's property, in other words, it regulates the transfer of property left by the deceased to the heir. In principle, only rights and obligations in the field of property law can be inherited, and it does not include rights and obligations in the field of law that cannot be inherited, such as work agreements, employment relationships, individual membership, and authorizations. This research was conducted with the aim of describing the rights and obligations of an adopted child in inheriting property by the adopted parent and the position of the adopted child in inheriting property by the adopted parent. This research was conducted using empirical legal research methods. The results of this study indicated that adopted children in Bali are entitled to receive an inheritance from their adopted parents as well as their biological parents. This is known as ma’bubun dua ma’saruran patomali. Its meaning has two kiblat oase, that is to be able to be given an inheritance from adoptive parents as well as biological parents. On the other hand, the adopted child is obliged to maintain and establish family relationships as harmonious as possible, and carry out or replace the role or obligation of the adopted father/mother to the duties of the area where he lives (local community). In addition, the position of the adopted child in the inheritance of the property by the adopted parent is equal to or completely the same when compared to the biological child. Therefore, the adopted child is also entitled to inherit the inheritance of the adopted parent.

Pertanggung Jawaban Pihak Kepolisian dan Upaya Hukum yang Dilakukan Tersangka atas Terjadinya Salah Tangkap I Gede Banyu Bagastya Nida; A.A Sagung Laksmi Dewi; I Made Budiyasa
Jurnal Preferensi Hukum Vol. 1 No. 2 (2020): Jurnal Preferensi Hukum
Publisher : Warmadewa Press

The criminal justice system is obliged, namely to carry out detailed examinations, prioritize evidence and facts that are strong enough to determine that a person is guilty in criminal matters, and is able to carry out convictions with a purpose that is in accordance with the crime itself and the rights that should be accepted by the convicted person. This research is a normative legal research, so the research focus is on library research. The objectives of this study are: to know the responsibility of the police if there is a wrong arrest and to know the legal remedies that the suspect can take if a wrong arrest occurs. The results of the research show how Police Investigators are held accountable for irregularities in carrying out their duties and legal remedies that can be taken by the suspect in the event of irregularities by the Police Investigator. First, the forms of sanctions contained in the Code of Ethics for the Indonesian National Police if they are violated are as follows; a) Violation behavior is declared as despicable act; b) The offender's obligation to apologize in a limited or direct manner; c) The violator's obligation to follow professional reinvention; d) The offender is declared no longer entitled to carry out the police function, then legal remedies that can be taken if a violation occurs in accordance with Article 1 paragraph 22 of the Criminal Procedure Code, compensation. The legal basis for the claim for compensation is article 77 letter b KUHAP, then rehabilitation according to article 1 paragraph 10 KUHAP point c. From this research it can be concluded that the form of accountability carried out by the Police investigators is divided into 2, namely material accountability, namely the sanction of forgiveness and immaterial accountability, namely about sanctions in the form of mandatory recovery at the Polri educational institution. Meanwhile, the legal remedy that can be taken by the victim of a wrongful arrest is to file a claim for compensation and rehabilitation.

Kedudukan Ahli Waris yang Berpindah Agama terhadap Harta Waris Menurut Hukum Waris Adat Bali Dewa Ayu Herlina Dewi
Jurnal Preferensi Hukum Vol. 1 No. 2 (2020): Jurnal Preferensi Hukum
Publisher : Warmadewa Press

A heir that change their religion from Hindu causing an heir to lose his inheritance rights. Because, in Bali's Customary Law of inheritance an heir has an obligation to heirs, families, and indigenous peoples. It is absolute for the heirs to get the right of inheritance. However, because of the affection of parents, many parents consider the position of heirs who convert by giving part of the inheritance that is not magical religious or a property that is not an inheritance but is said to be a grant. The purpose of this study is to determine the position or status of an heir who has converted and to know the possibility of whether the heirs can receive a gift outside of the estate. The method of research used normative juridical research methods, approaches made on the basis of major legal material by reviewing theories, concepts, legal principles and legislation related to this paper. Based on the contents of the study can be summarized as follows: 1. With the transfer of religion heirs, heirs can not carry out obligations as heirs to the heirs, families, and indigenous peoples. Thus the inheritance relationship between the heirs and the heirs is lost so that the legal consequences of the heir does not have the right to inherit. 2. Heirs can still accept the gift from their parents because of compassion. The gift may be a property which is not religiously magical and can also be given in the form of a grant.

Perlindungan Hukum Anak Nakal dalam Penjatuhan Sanksi Pidana I Made Dharma Putra; I Nyoman Putu Budiartha; A. Sagung Laksmi Dewi
Jurnal Preferensi Hukum Vol. 1 No. 2 (2020): Jurnal Preferensi Hukum
Publisher : Warmadewa Press

Children are an inseparable part of human survival and the survival of the nation and state. Today delinquency and crimes committed by children continues to increase, such as narcotics abuse, robbery, theft and rape, destruction of property and so on. When delinquency committed by children even leads to criminal acts, of course this is very disturbing for the community. The existence of legal protection for naughty children in criminal sanctions is of course very desirable for the best interests of children who are in conflict with the law. The method used in this research is normative legal research or what is also called the term library research by examining document studies using secondary data, namely laws, legal theory, expert opinion and so on. The result of this research is that the process of examining criminal cases against delinquents and starting investigations, arrests, detention, prosecution, trials and placement at the correctional center must pay attention to children's rights, as well as legal protection of delinquents in imposing criminal sanctions where child protection aims to provide guarantees for children in conflict with the law. In this case, special investigators for children, investigations with a family atmosphere, investigators do not use service attributes, duties to carry out diversity, child secrecy and arrest must of course put Restorative Justice, and the fall of criminal sanctions against children must be based on truth, justice and child welfare. So that Law Enforcement Apparatus both the Police as Investigators, Public Prosecutors, and Child Judges with the enactment of Law Number 11 of 2012 concerning the Juvenile Justice System.

Penegakan Hukum Pidana Internasional dalam Kejahatan Perang terhadap Kemanusiaan Fadil Muhammad; Luh Putu Sudini; I Nyoman Sujana
Jurnal Preferensi Hukum Vol. 1 No. 2 (2020): Jurnal Preferensi Hukum
Publisher : Warmadewa Press

War is a condition in which one party subdues its opponent to fulfill his will, a physical or non-physical act between two or more human groups to dominate. The formulation of the problem of this research is how the role of International Criminal Law on law enforcement in war crimes against humanity and how the state responsibility in war crimes against humanity in International Criminal Law. This research method uses the type of normative legal research by doing the assessment based on legal materials of the literature and is a process to find the rule of law, legal principles, and legal doctrines to answer the legal issues faced. War crimes and crimes against humanity are two types of international crimes that exist in twenty international criminal types designed by ILC (International Law Commission) to design the establishment of an international criminal tribunal. The conclusion of this study is the role of International Criminal Law in war crimes against humanity can be concluded that is contained in conventions contained in International Humanitarian Law contains only command or prohibition only but international criminal law have role in giving criminal sanction against violation of command or prohibition that and the state's responsibility in international criminal law can be an obligation to prosecute international criminal offenders encountered in various instruments of International Law. The form of state responsibility under the Rome Statute is that States Parties shall have two main obligations: States Parties shall bring each perpetrator of genocide, crimes against humanity, criminal acts of war and criminal acts of aggression before the courts and the participating States in imposing their jurisdiction in enforcement of International Criminal Law must cooperate fully in the enforcement of International Criminal Law.

Persetujuan Keluarga sebagai Syarat dalam Pemberian Pembebasan Bersyarat kepada Narapidana Gusti Ngurah Agung Tresna Wangsa; I Ketut Sukadana; I Made Budiyasa
Jurnal Preferensi Hukum Vol. 1 No. 2 (2020): Jurnal Preferensi Hukum
Publisher : Warmadewa Press

One of the rights of convict is obtaining parole. To get his right as a convict in order to get parole requires the consent of the convict's family as a guarantor. The aims of the research are to know the arrangement of parole to the convicts and to know the role of the family as a guarantor in granting parole to convicts. The method of research is the type of normative legal research. Approach of problem is approach of conceptual approach and legislation. Source of primary and secondary legal materials. Collection of legal materials by reading or studying books of legislation and other literature and added with the results of interviews. The analysis of legal materials is done by analytical descriptive. Results and discussion is the regulation of parole shall be granted to a convict who has served a criminal offense of at least 2/3 (two-thirds) with the provisions of 2/3 (two-thirds) of the criminal period not less than 9 (nine) months. it is regulated in Government Regulation no. 99 of 2012, Regulation of the Minister of Justice and Human Rights, Regulation of the Minister of Justice and Human Rights Number M.01.PK.04-10 of 2007, Ministerial Regulation no. 21 of 2013 which contains conditional pretrial conditions and procedures for convicts. Approval of the family as a guarantor is one of the mandatory requirement in granting conditional exemption to the convict because the family will be responsible in guiding and supervising the convict if they have obtained the Conditional Paragraph, providing information about the circumstances of the convicts and the family is also obliged to assist the economic condition because in general the convicts the newly acquired parole has not had a job yet.

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Nyoman Gede Sugiartha

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Bali

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Home Page

OAI Link

Editorial Team

Contact

Reviewer

Google Scholar

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