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[Tanggung Jawab Keperdataan dalam Pengangkutan Udara atas Keterlambatan Jadwal Penerbangan ]]>
<![CDATA[Febriana Samsi Legiman]]>;
<![CDATA[Luh Putu Sudini]]>;
<![CDATA[I Nyoman Sutama]]>
<![CDATA[ Jurnal Preferensi Hukum Vol. 1 No. 2 (2020): Jurnal Preferensi Hukum ]]>
Publisher : <![CDATA[Warmadewa Press ]]>
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DOI: 10.22225/jph.1.2.2383.150-153
<![CDATA[Aviation is a vehicle that is part of transportation that has the ability to move quickly in time, which is able to lift goods and people from one area to another using high capabilities, and requires high safety and security interests in order to help create distribution that is good. steady and smooth. This article aims to find out the civil liability for delays in flights that harming passengers and compensation provided by the carrier to passengers in the event of delay due to default. The type of research used in the writing of this law is normative research. The approach used is the approach of the Act. In practice, airlines are responsible for any losses suffered by passengers in the event of flight delays / delays in the performance of airline duties in accordance with the principle of responsibility based on the element of error. Forms of airline liability against loss suffered by passengers in the event of a flight delays / delay in the implementation of the duties of airlines in the form of burdened return ticket, food and beverage and move passengers to the next flight.]]>
<![CDATA[Akibat Hukum dalam Pewarisan dari Pelaksanaan Pengangkatan Anak oleh Orang Tua Tunggal ]]>
<![CDATA[Condro Putri Dewi Hartaka]]>
<![CDATA[ Jurnal Preferensi Hukum Vol. 1 No. 2 (2020): Jurnal Preferensi Hukum ]]>
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DOI: 10.22225/jph.1.2.2384.181-185
<![CDATA[The child is the mandate of the Grace Of God Almighty, and inside there is something that is attached as the dignity and status as a whole person. Along with the time on it right now is the mindset of society as it advances and growing, such as the parents who are unable to finance the future of the child and that’s why the purpose of adoption the child is not only to get the child but also for the welfare of children. And in Indonesia allow the implementation of the adoption by single parents, a woman or a man who is not married and who have been married but no longer bound in wedlock (widow or widower). Adoption of the child by single parents can only be done by the Citizens Of Indonesia after obtaining permission from ministers and the granting of permission can be ordered to agencies in the province. Adoption by single parents same thing with the adoption of children by parents in general. Adoption does not cause the relationship between children with real parents to be disconected, because most of the child who is in was from the family. Adoption of the child must be listed in a birth certificate, by not eliminate the identity of the beginning. Foster child are entitled to receive heir from the foster parents and also have the right heir from the real parents.]]>
<![CDATA[Tindak Pidana Pembunuhan yang Dilakukan oleh Anak ]]>
<![CDATA[Gede Widya Arsana]]>;
<![CDATA[I Made Sepud]]>;
<![CDATA[I Nyoman Sujana]]>
<![CDATA[ Jurnal Preferensi Hukum Vol. 1 No. 2 (2020): Jurnal Preferensi Hukum ]]>
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DOI: 10.22225/jph.1.2.2386.186-190
<![CDATA[School students are the future generation who still need guidance; if they are failed to be guided, there will be an upheaval in their inner selves that is delinquency, which may turn into a criminal act, like murder. The backgrounds of problems are formulated as follows: 1). what is the judge's consideration in deciding cases of murder committed by the child? 2) How criminal sanctions are imposed on a child? This research uses normative legal research methods. The results show that the rationale judgment of the judges in imposing punishment to the juvenile was merely based on the action of crime committed by the children. The judges only perform their obligations under the Act that has been established and which they assume the verdict was fair for the society and the family victim. However, the judges failed to assume the negative impact of criminal penalties of 10 (ten) years of imprisonment sentenced to the children. It was clear that the judges tend to apply juridical considerations in decision making process. While they did consider the non-juridical considerations in decision Number 22/Pid.Sus.Anak/2016/PN.Tjk which actually should be based on sociological, psychological, criminological, and philosophical of the juveniles. The researcher suggests that: 1) The judges must consider and reconsider the punishment of 10 years imprisonment which may lead to mental decline in children because they are still relatively; 2) The judges shall reconsider the impact that would occur in children as they are living for 10 years in prison.]]>
<![CDATA[Sanksi Pidana terhadap Pelaku Penculikan Anak ]]>
<![CDATA[Ardi Putra Dewa Agung]]>;
<![CDATA[I Made Sepud]]>;
<![CDATA[A.A. Sg. Laksmi Dewi]]>
<![CDATA[ Jurnal Preferensi Hukum Vol. 1 No. 2 (2020): Jurnal Preferensi Hukum ]]>
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DOI: 10.22225/jph.1.2.2388.195-195
<![CDATA[Kidnapping is an act committed by someone without the right for the purpose of enabling such person under the powers of the kidnappers. An abductor targets child as a victim. Based on the online news website liputan6.com, Chairman of the National Commission for Child Protection Arist Merdeka Sirait said the Child Abduction case continues to increase from 2014 to 2017. The issues regarding the case to be examined in the present study are: (1) The regulation regarding criminal liability of offenders of child abduction, (2) The criminal sanction and condemnation towards the offenders of child abduction. From the results of an exploration conducted with the normative research method in this study it was found that the criminal liability of the offenders of child abduction is regulated in Article 76F Indonesian Law No. 35 of 2014 concerning the Amendment towards the Law No. 23 of 2002 concerning Child Protection. The kidnapping of a child may be held to criminal liability if the offender has committed an act fulfilling the elements of delinquency. Regarding criminal sanctions and condemnation against child abductors who are proven guilty of legally and convincingly in the eyes of the law of committing the crime of kidnapping of a child can be sentenced in the form of imprisonment and a fine penalty. Criminalization of child abductors depends on the role of the judge who examines and prosecutes the case. Judges are given the freedom to set the type of criminal, criminal conduct, or the high and low criminal.]]>
<![CDATA[Sanksi terhadap Penyalahgunaan Pemakaian Listrik di Wilayah Perusahaan Listrik Negara (Persero) Rayon Kuta ]]>
<![CDATA[I Made Ariana]]>;
<![CDATA[Ida Ayu Putu Widiati]]>;
<![CDATA[A.A Sagung Laksmi Dewi]]>
<![CDATA[ Jurnal Preferensi Hukum Vol. 1 No. 2 (2020): Jurnal Preferensi Hukum ]]>
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DOI: 10.22225/jph.1.2.2390.201-207
<![CDATA[The relationship between PT. PLN (Persero) and the electricity user is a selling and purchasing whose provisions are set forth in an agreement called Surat Perjanjian Jual Beli Tenaga Listrik (SPJBTL). Based on the occurring phenomenon, the problem of abuse of electricity usage, especially that occurred in the last three years in the service area of PLN Rayon Kuta, is extremely detrimental to the state in this case the PLN. This study reveals the factors that lead to misuse of electricity usage and the application of sanctions against misuse of electricity in the PT. PLN (Persero) Rayon Kuta with empirical legal research. The abuse of the electricity in Kuta and its surrounding areas are motivated by several factors including ignorance, intention, external customer and customer negligence. From some of the physical evidence found by T2 P2TL PT. PLN (Persero) Kuta rayon, several forms of abuse of electricity consumption can be categorized, among others such as affect power barriers, measurement, and wild connection outside the measurement. In the case of the settlement of the abuse of the electricity usage, PLN uses the legal basis of the regulation of directors of PT. PLN (Persero) Number: 088-Z.P / DIR / 2016 concerning the Controlling of Electricity Usage. To minimize the occurrence of abuse of electricity usage, it is necessary to optimize socialization related to the right and safe electricity usage by PLN in cooperation with other related parties such as university level education, environment or village apparatus and especially in Bali the PT. PLN should cooperate with the management or kelian (the leader of a customary group of community called banjar) under certain mechanism. The application of sanctions to PLN customers or users who are found to be abusing the use of electricity need to consider the legal benefit, especially those found to violate Category IV in order to make the process of settlement through the legal sphere to create a deterrent effect so that in the future similar incidents affecting the state losses and other public losses as electricity users can be reduced or minimized.]]>
<![CDATA[Pengangkatan Anak oleh Orang Tua yang Berbeda Keyakinan dengan Calon Anak Angkatnya ]]>
<![CDATA[Fransiska Maryl Agatha]]>;
<![CDATA[I Ketut Widia]]>;
<![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.1.2.2391.16-20
<![CDATA[Adoption is a legal action to transfer custody of a child from a parent, legal guardian, or another person responsible for the care, education, and care of the child to the care of the adoptive parent. The adoption of children is generally carried out by married couples who cannot have children. Apart from a reproduction factor, there are a lot of other things encouraging adopting a child, one of them is compassion. This study aimed to examine the requirements for adoption based on PP. 54 of 2007 and the legal consequences of adopting children by adoptive parents of different beliefs from the prospective adopted children. This research is a normative legal research. Based on the results and discussion of this study, it was found that requirements for adoption based on PP. 54 of 2007 has been clearly regulated, and the detailed procedures and requirements for adoption have been regulated in Law No. 35 of 2014 concerning Child Protection with implementing regulations in the form of Government Regulation No. 54 of 2007 concerning the Implementation of Adoption and clear details in the Minister of Social Affairs Regulation No. 110 of 2009 concerning Requirements for Adoption of Children. In addition, adoption by prospective parents with different beliefs can be carried out by having a statement letter from the biological parents of the prospective adopted child stating that the child follows the beliefs of the adoptive parents. Whereas for homeless children a statement letter from the biological parents is made by the foundation or institution that accommodates the child.]]>
<![CDATA[Perlindungan Hukum terhadap Anak sebagai Pelaku Pelecehan Seksual Menurut UU No. 35 Tahun 2014 ]]>
<![CDATA[Desi Nellyda]]>;
<![CDATA[I Nyoman Sujana]]>;
<![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.1.2.2392.62-66
<![CDATA[This thesis is titled “Legal Protection Toward Child As Offenders Of Sexual Harassment, According Indonesian Law No. 35 Year 2014”. The writing uses normative research method, by using statue approach and conceptual approach. The problem formulations are: (1) The shape of legal protection toward child as offenders of sexual harassment ; (2) The imposition of criminal sanctions against ch ild who commit sexual abuse. By reviewing the law research done by using the proposed studi above, it can be concluded that the first problem formulation related to the shape of legal protection toward child as offenders of sexual harassment according Indonesian Law No. 35 Year 2014 about the change of the Law No. 23 Year 2002 about Child Protection, the child has a right to accompanied by advocate during the process of investigation. Meanwhile, the second formulation will discuss the imposition of criminal sanctions against child who commit sexual abuse which have been regulated at the Article 82 Indonesian Law No. 35 Year 2014 about the change of the Law No. 23 Year 2002 about Child Protection. Depend on the Article 82 the offenders can be sentenced to prison the shortest 5 (five) years and the longest 15 (fifteen) years and a maximum fine of Rp. 5.000.000.000,00 (five billion dollars).]]>
<![CDATA[Kewenangan Pemerintah Kabupaten Gianyar dalam Pengaturan Administrasi Penduduk Pendatang ]]>
<![CDATA[Bayu Angga Saputra]]>;
<![CDATA[I Nyoman Putu Budiartha]]>;
<![CDATA[I Nyoman Sujana]]>
<![CDATA[ Jurnal Preferensi Hukum Vol. 1 No. 2 (2020): Jurnal Preferensi Hukum ]]>
Publisher : <![CDATA[Warmadewa Press ]]>
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DOI: 10.22225/jph.1.2.2394.111-115
<![CDATA[Considering that the increasing number of migrants from year to year always shows an increase so that it has an impact such as order, peace and security of the people and until now there is no legal basis to prohibit migrants from coming to Bali and Gianyar in particular, in this case there is an empty norm that is not yet rules that can be used as a legal basis for prohibiting people from entering Bali, the local government of Bali Province takes steps to restructure and control immigrants through the registration policy of immigrants in the Province of Bali with the Governor's Letter No. 470/7587 / B. Tapem about guidelines for registering newcomers. The problem in this study is: how the authority of the Gianyar Regional Government in carrying out orderly administration of the migrant population in Gianyar Regency and what sanctions are imposed on the immigrant population who do not carry out orderly administration in Gianyar Regency.This type of research is Juridical Empirical, considering this study uses data or facts in the field and is reviewed based on the laws and regulations related to the issues raised. The results of the discussion in this study are as follows: Gianyar Regency has the authority in carrying out orderly administration of the migrant population in Gianyar regency this can be seen from the provisions in the Gianyar Regency Regulation Number 1 of 2002 in Article 2 of every population movement, temporary occupation and mandatory seasonal population registered with the local Village Head. Administrative sanctions given to immigrant residents who do not make KTP or Kipem for more than 3 months are not given administrative services forever so that they cannot stay permanently or temporarily in the Gianyar Regency.]]>
<![CDATA[Perlindungan Hukum terhadap Pekerja yang Bekerja Melebihi Waktu Kerja (Studi Pada Perusahaan UD. Indra Jaya Seafood Supplier) ]]>
<![CDATA[Ayu Adi Ulansari]]>
<![CDATA[ Jurnal Preferensi Hukum Vol. 1 No. 2 (2020): Jurnal Preferensi Hukum ]]>
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DOI: 10.22225/jph.1.2.2407.121-127
<![CDATA[Work that is done outside working hours is something that is outside the obligations of the workers. This study aims to analyze the implementation of legal protection for workers who work outside of working time at the UD company. Indra Jaya Seafood Supplier, as well as inhibiting factors in the application of legal protection to workers who work beyond the working time limit at UD company. Indra Jaya Seafood Supplier. This type of research used in this research is empirical legal research. The results showed that the company UD. Indra Jaya Seafood Supplier in hiring more workers than the time stipulated by law. The reason is, if you add up, sometimes companies are expected to employ workers more than 14 hours a week. Regarding the obligations of employers to workers who exceed working hours, UD company. Indra Jaya Seafood Supplier has done it optimally in accordance with the prevailing laws and regulations. This is because workers who work outside working hours at the company have been asked for prior approval, are given overtime pay, are given adequate rest time, and provide food and drinks. The inhibiting factor in the application of legal protection for workers who exceed working hours at UD company. Indra Jaya Seafood Supplier, namely the demands of consumers to deliver goods on time (deadline), less than optimal performance of workers in preparing goods for delivery, and also a lack of manpower currently.]]>
<![CDATA[Pemidanaan terhadap Pelaku Tindak Pidana Korupsi Melalui Double Track System ]]>
<![CDATA[Anak Agung Gede Budhi Warmana Putra]]>;
<![CDATA[Simon Nahak]]>;
<![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.1.2.2408.196-200
<![CDATA[This study aims to seek for deterrent effects for perpetrator of criminal acts of corruption that imposed with Double Track System concept. Double Track System represents the punishment system through two tracks which are criminal sanction and treatment. This study use normative law method. The resource of legal materials which used is primary legal material which is the legal rules and regulations and secondary legal material which is theories of law. The issues explored in this research are legal arrangement for offenders of criminal acts of corruption and punishment system against the offenders. The results showed that about the criminal acts of corruption and sanctions imposed on the offenders are set forth in Act No. 31 of 1999 Jo. Act No. 20 of 2001 about Decrement of Criminal Acts of Corruption and Punishment System and Double Track System against the perpetrators of criminal acts of corruption. The offenders are imposed imprisonment sanctions.]]>
