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[Perlindungan Hukum terhadap Korban dalam Tindak Pidana Eksploitasi Seksual Anak (Studi Kasus Putusan Nomor 535/Pid.Sus/2019/PN Dps) ]]>
<![CDATA[Ade Satriasa Maha Putra]]>;
<![CDATA[I Nyoman Putu Budiartha]]>;
<![CDATA[I Made Minggu Widyantara]]>
<![CDATA[ Jurnal Preferensi Hukum Vol. 2 No. 1 (2021): Jurnal Preferensi Hukum ]]>
Publisher : <![CDATA[Warmadewa Press ]]>
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DOI: 10.22225/jph.2.1.2793.1-5
<![CDATA[We must be aware of cases of crimes of sexual exploitation, especially in children, it is not enough if parents only but the government, society and the Indonesian Child Protection Commission must take a role in maintaining the continuity and protection of children. This new research aims to determine the legal protection of victims in criminal acts of sexual exploitation of children. This research type is normative research with a statutory approach and a conceptual approach. Legal materials consist of primary and secondary, then analyzed systematically. The results showed that legal protection for children from victims of sexual exploitation was given to legal subjects that had preventive or repressive characteristics. Furthermore, legal safeguards are essential to provide justice, order, certainty, benefit. The criminal sanctions given to the perpetrators of a criminal offense, namely for imprisonment for 7 (seven) years, reduced while the defendant is in detention and the penalty will be subject to a fine of IDR. 100,000,000 (one hundred million rupiah).]]>
<![CDATA[Perlindungan Hukum bagi Awak Kabin dalam Perjanjian Waktu Tertentu (PKWT) PT Garuda Indonesia ]]>
<![CDATA[Anastasia]]>;
<![CDATA[Ida Ayu Putu Widiati]]>;
<![CDATA[A. A. Sagung Laksmi Dewi]]>
<![CDATA[ Jurnal Preferensi Hukum Vol. 2 No. 1 (2021): Jurnal Preferensi Hukum ]]>
Publisher : <![CDATA[Warmadewa Press ]]>
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DOI: 10.22225/jph.2.1.2794.33-38
<![CDATA[The existence of cabin crew is very much needed in a flight to serve airplane passengers, including Garuda Indonesia as one of the state-owned airlines that tries to provide flight safety in the field of air transportation. This study aims to determine the implementation of the Specific Time Work Agreement on the cabin crew of Garuda Indonesia homebase Denpasar and to find out the legal protection for flight attendants in the Fixed Time Work Agreement on the cabin crew of Garuda Indonesia homebase Denpasar. This type of research is empirical research. Empirical research is carried out on the real situation in the community or the surrounding environment with the aim of finding facts or existing legal problems. The results showed that the implementation of the Fixed Time Work Agreement on the cabin crew of PT Garuda Indonesia homebase Denpasar is closely related to employment between workers and companies. Fixed Term Work Agreement at PT Garuda Indonesia is regulated in Company Regulations. In general, the protection of workers has been regulated in Law No. 13 of 2003 concerning Manpower. The attitude of open wages to cabin crew will definitely have a positive impact on the welfare of employees in the morning.]]>
<![CDATA[Perlindungan Hukum Bagi Hoki Clean Shoes dalam Perjanjian Waralaba ]]>
<![CDATA[Dwi Purnawan Dodik Saputra]]>;
<![CDATA[Johannes Ibrahim Kosasih]]>;
<![CDATA[Desak Gde Dwi Arini]]>
<![CDATA[ Jurnal Preferensi Hukum Vol. 2 No. 1 (2021): Jurnal Preferensi Hukum ]]>
Publisher : <![CDATA[Warmadewa Press ]]>
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DOI: 10.22225/jph.2.1.2795.45-50
<![CDATA[The franchising is one of the business activities that support the economy. Therefore, in this study, this study analyzes the implementation of the franchise agreement clauses between franchisees and franchisees and knows the legal protection for Hockey Clean Shoes in case of default by the franchisee. This research uses empirical methods using document studies and field studies and data analysis using descriptive qualitative. The results show that the Hoki Clean Shoes franchise agreement has met the minimum clauses that must exist in the franchise agreement as stipulated in Government Regulation Number 42 of 2007 concerning Franchising and has fulfilled the principles of the agreement and is applicable in Indonesia. The obstacles faced by Hockey Clean Shoes so far are related to franchises because this is in the service sector so the turnover obtained by the franchisee every month is difficult for us to know because the financial management we do is different from the facts in the field. Franchise cooperation agreements like this are also vulnerable to default.]]>
<![CDATA[Penertiban Izin Mendirikan Bangunan (IMB) di Kecamatan Kuta Utara Kabupaten Badung ]]>
<![CDATA[I Gede Andhika Kusuma Darsana]]>;
<![CDATA[I Ketut Kasta Arya Wijaya]]>;
<![CDATA[Luh Putu Suryani]]>
<![CDATA[ Jurnal Preferensi Hukum Vol. 2 No. 1 (2021): Jurnal Preferensi Hukum ]]>
Publisher : <![CDATA[Warmadewa Press ]]>
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DOI: 10.22225/jph.2.1.2796.62-67
<![CDATA[Prevention of violations of building construction permits is regulated in a regional regulation where each region has its own power which is called an autonomous region which has an institution in charge of controlling building permits handled by the Civil Service Police Unit. This study aims to determine the authority of local governments in regulating building permits and to analyze law enforcement on buildings that do not have a building permit in North Kuta District, Badung Regency. This study was designed using empirical legal research. The results show that the authority of the local government in controlling building permits aims to regulate the legal relationship between citizens and buildings that are objects of control in order to prevent spatial planning that is not in accordance with the rules. Furthermore, every resident in North Kuta District who owns a building or will build a building is required to have a permit in accordance with the regulations issued by the local government. Then, law enforcement for buildings that do not yet have a Building Construction Permit by providing a warning letter 3 times. If the building owner still ignores the Warning Letter, the Civil Service Police Unit will demolish it according to the Decree from the regional head.]]>
<![CDATA[Keputusan Fiktif Sebagai Dasar Pengajuan Gugatan Sengketa Tata Usaha Negara ]]>
<![CDATA[I Gede Buonsu]]>;
<![CDATA[A. A. Sagung Laksmi Dewi]]>;
<![CDATA[Luh Putu Suryani]]>
<![CDATA[ Jurnal Preferensi Hukum Vol. 2 No. 1 (2021): Jurnal Preferensi Hukum ]]>
Publisher : <![CDATA[Warmadewa Press ]]>
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DOI: 10.22225/jph.2.1.2797.68-72
<![CDATA[Based on the definition of a state administrative dispute, it can be seen that a State Administrative Dispute has an object in the form of a State Administrative Court, which has been regulated in Article 1 paragraph (9) of Law Number 51 of 2009. State Administrative Court itself can be divided into two, namely negative and positive fictional KTUN regulated in article 3 of the Administrative Court Law and article 53 of the Government Administration Law. This study aims to analyze the arrangement of fictitious TUN decisions according to positive law in Indonesia and to find out the fictional TUN decisions as objects of state administration disputes. This research uses descriptive normative research methods with legal, conceptual and case approaches. The results showed that the decision of fictitious TUN can be divided into two, namely negative fictitious TUN and positive fictitious TUN in which the two rules indirectly cause conflict because they both regulate fictitious TUN but have different meanings, where based on Article 3 is interpreted as a decision rejection (negative fictitious KTUN) while according to the provisions of Article 53 it is interpreted as a decision to grant (positive fictitious KTUN).]]>
<![CDATA[Penggunaan Anggaran Pendapatan dan Belanja Negara (APBN) dalam Pelaksanaan Pemilihan Umum Ulang ]]>
<![CDATA[I Kadek Andika Setiawan]]>;
<![CDATA[I Gusti Bagus Suryawan]]>;
<![CDATA[I Wayan Arthanaya]]>
<![CDATA[ Jurnal Preferensi Hukum Vol. 2 No. 1 (2021): Jurnal Preferensi Hukum ]]>
Publisher : <![CDATA[Warmadewa Press ]]>
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DOI: 10.22225/jph.2.1.2798.78-82
<![CDATA[A failed general election will result in a re-election and will certainly require additional budget. The purpose of this research is to find out the mechanism for the implementation of the re-election and to analyze the use of the State Revenue and Expenditure Budget in the implementation of the re-election. The research method used is normative legal research with a statutory approach and a conceptual approach. The results of this study indicate that the mechanism for implementing the re-election is a dispute over the results of the disputed General Election, by presidential candidates and members of the legislative candidates through the Constitutional Court decision. The mechanism for the provision of funds from the State Revenue and Expenditure Budget in the implementation of the re-General Election is the submission of additional costs by the General Election Commission to the Budget Institution and the Budget Department to revise the budget for the implementation of General Elections that are undergoing re-election.]]>
<![CDATA[Pengaturan Hubungan Menyimpang di Luar Perkawinan bagi Lesbian Dan Gay dalam Perspektif Hukum Hindu ]]>
<![CDATA[I Kadek Grendy Bhineka]]>;
<![CDATA[I Nyoman Putu Budiartha]]>;
<![CDATA[Ni Made Puspautari Ujianti]]>
<![CDATA[ Jurnal Preferensi Hukum Vol. 2 No. 1 (2021): Jurnal Preferensi Hukum ]]>
Publisher : <![CDATA[Warmadewa Press ]]>
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DOI: 10.22225/jph.2.1.2799.83-87
<![CDATA[Marriage is a physical and mental bond between a man and a woman as husband and wife with the aim of forming a happy and eternal family (household) based on the One Godhead. Humans were created to pair men with women in order to continue the lineage, but there are a group of people who behave like the same sex and want to legalize their actions up to the level of marriage through the laws in force in their country. This of course cannot be accepted by some people who contradict same-sex marriage behavior which is commonly referred to as Lesbian, Gay, Bisexual and Transgender, hereinafter referred to as LGBT. This study aims to explain the arrangement of deviant relationships outside of marriage for LGBT people in the perspective of Hindu law. The second one describes the religious perspective in dealing with LGBT perpetrators. This research is designed to use normative legal research with a juridical approach through the hermenutic method. The data used are secondary and primary data which are analyzed qualitatively. The results show Hinduism, there is no single verse or ceremony which legalizes that gay and lesbi can have a marriage or relationship, meaning that it is not allowed to marry, especially with a sacred ceremony, Vedic mantra puja, the second one should not isolate or discriminate but provide education to treat Humanly, gay and lesbian perpetrators must provide protection or educate the perpetrator whether he is accommodated in a place and then given direction or counseling so that the perpetrator is aware of LGBT behavior.]]>
<![CDATA[Penyelesaian Perkara Harta Warisan dan Harta Bersama dengan Prosedur Mediasi di Pengadilan Agama Badung (Nomor Perkara 0095/PDTG/2017/PABDG) ]]>
<![CDATA[I Kadek Leo Byasama Wijaya]]>;
<![CDATA[I Nyoman Putu Budiartha]]>;
<![CDATA[Ni Made Puspautari Ujianti]]>
<![CDATA[ Jurnal Preferensi Hukum Vol. 2 No. 1 (2021): Jurnal Preferensi Hukum ]]>
Publisher : <![CDATA[Warmadewa Press ]]>
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DOI: 10.22225/jph.2.1.2800.88-92
<![CDATA[Disputes over joint property mixed with inheritance Dispute resolution specifically means that in a dispute that occurs between a husband and wife there is a difference of opinion between the two parties because property can also refer to a dispute So that for this there is an imbalance of ownership and a policy is needed to equalize the position of both parties Based on the background of the problems that have been described several problems can be formulated as follows 1) How is the Legal Power of mediation in the trial process at the Badung Religious Court? 2) What are the procedures for distributing inheritance and collective assets according to the compilation of Islamic law? This type of research used here is a type of empirical research where this research is carried out on the real situation in a community or the surrounding environment with the aim of finding facts or existing legal problems The results of this study indicate that the legal power of mediation in the trial process at the Badung Religious Court namely with the peace deed the results of the peace agreement get legal certainty]]>
<![CDATA[Fungsi Badan Narkotika Nasional (BNN) dan Polisi dalam Tindak Pidana Narkotika ]]>
<![CDATA[I Made Karnadi]]>;
<![CDATA[I Nyoman Gede Sugiartha]]>;
<![CDATA[Ida Ayu Putu Widiati]]>
<![CDATA[ Jurnal Preferensi Hukum Vol. 2 No. 1 (2021): Jurnal Preferensi Hukum ]]>
Publisher : <![CDATA[Warmadewa Press ]]>
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DOI: 10.22225/jph.2.1.2803.114-118
<![CDATA[Prevention of narcotics abuse by adolescents children and adults as well as the eradication of narcotics trafficking is handled by an institution namely the National Narcotics Agency and the Police The National Narcotics Agency has the authority to conduct investigations and investigations The police also have the same powers as the National Narcotics Agency The problems studied in this research are 1) The function of the National Narcotics Agency and the Police in narcotics crime 2) Synergy between the National Narcotics Agency and the Police in Investigation and Investigation of narcotics crime. The research method used in this research is normative legal research Besides that an approach through legislation is also used as well as a conceptual approach The results of this study indicate that the function of the National Narcotics Agency is the prevention and eradication of narcotics abuse Meanwhile the police function is to arrest conduct investigations and investigations and eradicate the illicit trafficking of narcotics The synergy between the National Narcotics Agency and the Police is carried out by means of coordination in dealing with narcotics crime Starting from the investigation investigation assessment of the perpetrator to the process of escorting hearing and execution]]>
<![CDATA[Kedudukan Notaris dalam Pembuatan Akta terhadap Rapat Umum Pemegang Saham yang Diadakan melalui Media Telekonferensi ]]>
<![CDATA[I Made Nova Wibawa]]>;
<![CDATA[I Nyoman Alit Puspadma]]>;
<![CDATA[Ida Ayu Putu Widiati]]>
<![CDATA[ Jurnal Preferensi Hukum Vol. 2 No. 1 (2021): Jurnal Preferensi Hukum ]]>
Publisher : <![CDATA[Warmadewa Press ]]>
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DOI: 10.22225/jph.2.1.2804.125-129
<![CDATA[The Law No 40 of 2007 concerning PT (Limited Liability Company) regulates what can be done through teleconferencing media regulated in Article 77 paragraph (1) of Company Law so as to allow shareholders to conduct a GMS without having to meet in person and be in one place but can be held by teleconference which allows shareholders to see each other and interact actively in meetings The results of the minutes of the GMS held by the PT are not required to be written in the form of an authentic deed meaning that the PT can determine the agreement of the shareholders whether it will be written into an authentic deed or an underhand deed The minutes of the GMS by teleconference which are applied to the authentic deed by the Notary lose their authenticity because the Notary does not act according to the provisions in Article 16 paragraph (1) letter m UUJN-P which requires the physical presence of the parties in the process of drafting an authentic deed so that the power of proof of the deed under the hand as a result of an act that is not in accordance with Article 16 paragraph (1) letter m.]]>
