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Penanggulangan Terhadap Penyalahgunaan Zat Adiktif Inhalan (LEM) I Kadek Buana Putra Sedana; I Nyoman Gede Sugiarta; Luh Putu Suryani
Jurnal Interpretasi Hukum Vol. 2 No. 1 (2021): Jurnal Interpretasi Hukum
Publisher : Warmadewa Press

The abuse of inhalant addictive substances does not have specific rules governing the perpetrator of abuse that causes disruption of public order and comfort by the effects of these substances so that they can harm the surrounding community and can also threaten the life of the user at the same time if used sustainably. This study aims to explain the legal sanctions given to perpetrators of inhalant addictive substance abuse and to describe the efforts to overcome the occurrence of inhalant addictive substance abuse. This study was designed using normative legal research with a statutory approach, namely conducting research from library materials or secondary data and conducting research on the prevention of inhalant addictive substance abuse. The data sources used were primary, secondary, and tertiary legal data. The results showed that the abuse of inhalant addictive substances did not have specific rules, but in the Criminal Code and the Law, the impacts and risks of abuse with minors, then to overcome the abuse of inhalant addictive substances, can use non-criminal legal policy measures (Non-Penal) and criminal law policy (Penal).

Peranan Patroli Satuan Sabhara Dalam Upaya Pengoperasian Tindak Kejahatan Di Wilayah Hukum Polda Bali I Nyoman Loka Hari Prabawa; Anak Agung Sagung Laksmi Dewi; Luh Putu Suryani
Jurnal Interpretasi Hukum Vol. 2 No. 1 (2021): Jurnal Interpretasi Hukum
Publisher : Warmadewa Press

The carrying out of routine police operations is capable of preventing crime and harmonizing public obedience. This study aims to explain the patrol capabilities of the Sabhara Unit in an effort to operate criminal acts in the jurisdiction of the Bali Regional Police and explain what factors are hindering the Sabhara Unit patrols in the effort to operate criminal acts within the jurisdiction of the Bali Regional Police. The type of research used is empirical legal research. The approach used is the Legislative Regulations approach. Data sources are primary and secondary legal data sources. Data collection techniques were carried out by interviewing rules and documentation. After the legal materials are collected, they are processed and analyzed using qualitative method analysis. The results showed that the Sabhara Unit patrol capability in an effort to operate a crime in the jurisdiction of the Bali Regional Police was to arrest and report the criminal executor who was caught red-handed while patrolling, securing the victim, executor, witnesses, evidence, and the location of the next case the factors that hinder patrols of the Sabhara Unit in an effort to operate criminal acts in the jurisdiction of the Bali Regional Police, namely internal factors, namely lack police personnel, information, no evidence found and lack of infrastructure, while external factors are lack of public awareness, victims do not immediately report and fear the Police.

Penerapan Informed Consent di Klinik Pratama Tiara Husada Tjokorda Istri Agung Devitia Widya Paramita Putri; Anak Agung Sagung Laksmi Dewi; Luh Putu Suryani
Jurnal Interpretasi Hukum Vol. 3 No. 2 (2022): Jurnal Interpretasi Hukum
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/juinhum.3.2.5090.339-345

The aim is to implement informed consent at Tiara Husada Primary Clinic. This research includes empirical legal research based on sociological, factual, and conceptual approaches. The data is sourced from the results of field research and legislation. While the data collection is done by using the technique of documentation, interviews and literature research. The results of the research show that the implementation of the approval of medical actions at the Tiara Husada Pratama Clinic is juridically in accordance with applicable regulations, where in its implementation it is prioritized on the communication process between doctors and their patients, not only on filling out and signing forms. If there is a difference of opinion between the doctor and his patient regarding the medical action to be carried out, the medical personnel in the settlement, will continue to try to respect the patient's human rights by continuing to provide the best service, providing other alternative actions even though the results are not optimal compared to the medical actions that have been suggested, and didn't force them to go home.

Implementasi Perjanjian Bagi Hasil dalam Pengelolaan Terasering Ceking ( Studi Kasus Di Desa Kedisan, Kecamatan Tegallalang ) Gusti Ngurah Oka Pramana; I Ketut Kasta Arya Wijaya; Luh Putu Suryani
Jurnal Preferensi Hukum Vol. 3 No. 2 (2022): Jurnal Preferensi Hukum
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55637/jph.3.2.4937.318-323

Tourism is a complex sector since it has a multi-dimensional nature physically, politically, socio-culturally and economically. Development in the tourism sector will have an impact on increasing regional income. For example, the Gianyar area has many tourism destinations, including the Ceking Terrace Tourism Object. This tourism destination has a view of the terraces located in the middle of the Kedisan Traditional Village, Tegallalang sub-district. This study examines the arrangement of profit sharing and the implementation of profit sharing agreements in the management of the Ceking Terrace tourism object. The research method used is empirical legal research. The results of the study indicate that the legal arrangement regarding profit sharing for the management of Terasing Ceking tourism objects is contained in the provisions of the Gianyar Regency Regional Regulation No. 10 of 2013. This regulates the determination of traditional villages and traditional institutions to have the right to share the profits of the Ceking Terrace tourism object. Then, the profit sharing agreement includes the rights and obligations of the parties in managing the Ceking Terrace tourism object, namely the Management of the Ceking Terrace Tourism Object has a right as a guarantee from the agreed contract. The management also has obligations that must be carried out so that management runs well, land owners are also entitled to compensation for the rice fields that are used as views with the obligation to maintain the beauty of their fields according to the agreement. be subject to sanctions in the form of compensation payments.

Pengawasan dan Penindakan sebagai Upaya Perlindungan Hukum terhadap Dana Masyarakat yang Disimpan di Lembaga Koperasi (Studi Kasus di Ksu Banjar Negari, Kabupaten Gianyar) Ni Komang Nanda Permata Dewi; Anak Agung Sagung Laksmi Dewi; Luh Putu Suryani
Jurnal Preferensi Hukum Vol. 3 No. 2 (2022): Jurnal Preferensi Hukum
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55637/jph.3.2.4941.342-346

This study aims to discuss the legal protection of public funds stored in cooperative institutions and cooperative action against cooperative customers who default in terms of borrowing cooperative funds. Cooperatives as a form of the business entity have an important position for empowering and strengthening the people's economy. Based on equal rights and obligations in carrying out certain businesses that intend to meet the various needs of the members. The research method used is the empirical method. Regarding the protection of citizen funds by irregularities in cooperative institutions, there is no legal certainty. Default has legal consequences for those who run it and poses a risk with the emergence of parties who feel that their rights have been harmed to prosecute parties who have defaulted in order to submit compensation, so by In the law, it is desirable that no one party feels the loss due to the default. The first sanction against cooperatives that apply legal protection to cooperative customers is to provide a letter of introduction by the cooperative regarding what the debtor is doing.

Fungsi Pengawasan Dinas Perhubungan dalam Penertiban Tarif Angkutan di Provinsi Bali Komang Ikka Shintya Daivi; Anak Agung Sagung Laksmi Dewi; Luh Putu Suryani
Jurnal Preferensi Hukum Vol. 3 No. 2 (2022): Jurnal Preferensi Hukum
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55637/jph.3.2.4946.370-378

Public transportation is one part of the transportation sector that is widely used by the Balinese people. An important component in the operation of public transportation that must be considered is the determination of tariffs. The purpose of the study was to analyze the mechanism for controlling public transport fares by the Bali Provincial Transportation Service and to examine the obstacles during the implementation of controlling public transport fares in the Province of Bali. The research method in this paper uses empirical research using a sociological approach and a conceptual approach. The results show that the Government has limited authority in setting tariffs. The authority for public transportation rates for people in Bali Province includes online transportation, conventional taxis, and AKDP transportation. As a result of the pandemic, most entrepreneurs in the transportation sector have lost, this is a factor in the existence of fraud in the imposition of tariffs. In addition, the lack of PPNS personnel and the unavailability of special tools to read barcodes are also obstacles. The Department of Transportation is advised to review comprehensive tariff rules, as well as add PPNS members, and immediately budget for the availability of sophisticated equipment in order to overcome the obstacles that occur.

Pertanggungjawaban atas Perdagangan Minuman Beralkohol terhadap Anak dibawah Umur Melalui Layanan Go-Shop di Kota Denpasar I Made Krisna Bagus Wisena; Anak Agung Sagung Laksmi Dewi; Luh Putu Suryani
Jurnal Preferensi Hukum Vol. 3 No. 2 (2022): Jurnal Preferensi Hukum
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55637/jph.3.2.4949.391-395

This increasingly popular digital world is marked by the emergence of the internet and various devices or gadgets, the Go-Shop service feature on Go-Jek makes it easy for users to get goods including alcoholic beverages so there needs to be accountability for the affordability of alcoholic beverages purchases by minors. The purpose of this study is to discuss the factors that cause the sale of affordable alcoholic beverages to minors on Go-Shop services and to describe the form of accountability for alcoholic beverages traded to minors through Go-Shop services at Go-Jek in Denpasar City. The research method in this article uses empirical research methods, using a sociological approach, and a statutory approach. Sources of legal materials consist of: primary and secondary sources of legal materials. The data sources used were traced by document study techniques centered on legislation and various literature relevant to the object of research as well as interview techniques conducted on informants and respondents. As for the results of this study, it can be concluded that the internal factors of underage children consume alcohol out of curiosity, while the external factors are due to social influences, especially association. Regarding the accountability for the affordable purchase of alcoholic beverages by minors, it can be addressed to partners or even parents or guardians of minors, as well as PT Go-Jek.

Implementasi Peraturan Gubernur Bali Nomor 1 Tahun 2020 Tentang Tata Kelola Minuman Fermentasi di Singaraja Made Sanjaya Rama Putra; I Ketut Kasta Arya Wijaya; Luh Putu Suryani
Jurnal Preferensi Hukum Vol. 3 No. 2 (2022): Jurnal Preferensi Hukum
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55637/jph.3.2.4951.401-406

In running an alcoholic beverage trading business, of course, you must have a permit. With the issuance of Bali Governor Regulation No. 1 of 2020 on The Governance of Fermented Beverages and/or Distillation typical of Bali aims to establish production standardization to ensure the safety and legality of fermented beverage products and or distillation, especially typical of Bali. The purpose of the research was to discuss the application of the Governor of Bali regulation number 1 of 2020 in the distribution permit of Balinese fermented drinks in Singaraja and to describe the obstacles faced in implementing the regulation of the Governor of Bali number 1 of 2020 concerning the governance of fermented Balinese wine in Singaraja. The research used the type of empirical research. This research approach uses a sociological approach and a factual approach. The sources of legal materials for this research consist of primary and secondary sources. Data collection techniques used are interview techniques and field observations. The results found that the implementation of Bali Governor Regulation Number 1 of 2020 concerning Governance of Balinese Fermented/Distilled Drinks in the distribution permit for Balinese fermented wine in Singaraja is just waiting for technical instructions, so until now the implementation in the field has not been running as it should. Obstacles encountered include monitoring efforts and still waiting for cooperation with companies that already have distribution permits.

Penegakan Hukum terhadap Tindak Pidana Korupsi Dana Bantuan Sosial Pandemi Covid-19 yang dilakukan oleh Pejabat Negara Ni Komang Sri Herawati Octa; Anak Agung Sagung Laksmi Dewi; Luh Putu Suryani
Jurnal Preferensi Hukum Vol. 3 No. 2 (2022): Jurnal Preferensi Hukum
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55637/jph.3.2.4956.424-429

Indonesia is a legal state (Rechtsstaat) not based on mere power (Machtstaat). Weak law enforcement in Indonesia causes crimes such as corruption in social assistance funds among state officials to increase. The purpose of this research is to analyze the regulation of corruption in social assistance funds and to discuss law enforcement of criminal acts of corruption in social assistance funds in an effort to recover state losses. This type of research is normative research, using a statutory approach and a conceptual approach. Sources of legal materials consist of primary and secondary materials. The technique in collecting legal materials with data collection is by quoting than in the data in a freelance record by recording the name of the author, book title, publisher name, publisher year, and page number quoted. The regulation of criminal acts of corruption in social assistance funds carried out by state officials is regulated in Article 3 of Law No. 20 of the Year with the threat of life imprisonment or imprisonment between 1 to 20 years and a fine as stipulated in this article. Sanctions for criminal acts of corruption in an effort to recover state losses are regulated in Article 18 Paragraphs (1) and (2) of Law No. 20 of 2001 concerning the Eradication of Criminal Acts of Corruption. Law enforcers are expected to give the fairest sanctions to the perpetrators according to their actions so that these sanctions are beneficial for the perpetrators and the injured party.

Perempuan Korban Tindak Pidana Kekerasan dalam Rumah Tanggapada Masa Pandemi Covid-19 Ida Ayu Viony Adniasari; Anak Agung Sagung Laksmi Dewi; Luh Putu Suryani
Jurnal Preferensi Hukum Vol. 3 No. 2 (2022): Jurnal Preferensi Hukum
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55637/jph.3.2.4957.430-436

Domestic Violence is a very serious threat for women because not only is the number of cases of violence experienced increasing, but the increase is also increasingly worrying. The number of female victims who experience domestic violence continues to increase every year, especially during the time the coronavirus spreads. The purpose of this study is to discuss the factors that cause women to become victims of criminal acts of domestic violence during the Covid-19 pandemic and to analyze countermeasures that can be taken to prevent women from becoming victims of criminal acts of domestic violence during the Covid-19 pandemic. -19. In conducting research, empirical law is used through criminological techniques used in research. Sources of legal materials consist of primary and secondary materials. The technique in collecting legal materials with data collection is by quoting, letting go, and providing proposals for legal materials than in the data in a loose note by recording the name of the author, book title, publisher name, publisher year, and page number quoted. The conclusions from the results of this study are the factors that women become victims of criminal acts of domestic violence include personality characteristics, past trauma, narcotics abuse, economic problems and the social environment. Countermeasures in the context of preventing women from becoming victims of criminal acts of domestic violence can be carried out in a preventive and repressive manner.

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