cover
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
Jurnal Preferensi Hukum (JPH)
Published by Universitas Warmadewa
ISSN : 27465039     EISSN : 28099656     DOI : https://doi.org/10.55637/jph
Core Subject : Social,
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 280 Documents
Sengketa Gugatan Perdata atas Kepemilikan Tanah Istana Negara Tampaksiring Oleh Masyarakat di Desa Manukaya Gianyar I Nyoman Sukrata; Anak Agung Sagung Laksmi Dewi; I Made Minggu Widyantara
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.3.2.4944.358-363

Abstract

The government expanded the area of ​​the Tampaksiring State Palace and housing for Presidential Palace employees that had been acquired by the state and privately owned land in Manukaya Village. The purpose of this research was to determine the process of land ownership disputes at the Tampaksiring State Palace and to analyze the obstacles faced in resolving disputes over land ownership of the Tampaksiring State Palace by the people in the village of Manukaya. The research method used is Empirical Law. This research uses: a sociological approach, a statutory approach, and a fact approach in conducting research. Primary data comes from the results of field interviews which are then linked to legislation relevant to the case in the field and secondary data comes from: law books and legal journals that support primary data. Interview techniques were carried out as research data collection, library research techniques, and observation. The disputed land belonging to the Plaintiffs which was released by the Government was used as Housing for the employees of the Tampaksiring Presidential Palace at the time of release, the proof of ownership was still in the form of Girik/details of the 1948 Klasiran and Petok D. In the trial it turned out that the government, in this case the Tampaksiring State Palace, was able to prove it with evidence: Letter of application for Rights Use, dated January 27, 1986. Therefore, the community should first check the completeness of the evidence along with the certificate and the government should also increase efforts to prevent land disputes between the parties.
Pelaksanaan Investasi dalam Pengembangan Kawasan Budidaya Pertanian di Kabupaten Buleleng I Gusti Made Ngurah Bagus Andre Wedananta; I Nyoman Putu Budiartha; Putu Ayu Sriasih Wesna
Jurnal Preferensi Hukum Vol. 1 No. 1 (2020): Jurnal Preferensi Hukum
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (206.957 KB) | DOI: 10.22225/jph.1.1.1971.8-13

Abstract

One area carrying out development in Indonesia is Buleleng Sub-district in the Province of Bali. The development of the region is merely focused on developing the economic sector with priority on the agricultural sector expansion in a broad sense which is supported by the development of the tourism sector. One part of the agricultural sector development is the agricultural cultivation areas in the broadest sense with the support of funds from investment. Unfortunately, in reality, the development of this cultivation does not seem to have proceeded as expected. Therefore, this study addresses two issues related to this development. The first is whether or not the laws and regulations governing the development have been sufficiently capable of attracting the interest of investors in efforts to develop agricultural cultivation areas in the region of Buleleng, and the second is the extent to which the process of implementation of the development of agricultural area cultivation in Buleleng area has reached as well as obstacles encountered. To achieve these objectives, this study was conducted using the design and method of normative research and empirical legal research and also used statutory and conceptual approaches. The results of show the set of laws and regulations have the sufficient power to support the development of agricultural cultivation in the area, and the implementation of agricultural development in a broad sense has been carried out, and even the results have been felt and enjoyed by the community. One leading obstacle factor found is conversion of land functions along with evolution and revolution in human life. The attention and intervention of various parties in the efforts to develop and extend the areas in Buleleng Sub-district is still crucially necessary.
Tinjauan Yuridis terhadap Penegakan Tindak Pidana Terorisme Ditinjau dari “Asas Presumtion of Innocence” dan “Presumtion of Guilt” I Made Yogi Astawa; I Made Minggu Widyantara; Ni Made Sukaryati Karma
Jurnal Preferensi Hukum Vol. 1 No. 1 (2020): Jurnal Preferensi Hukum
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (663.662 KB) | DOI: 10.22225/jph.1.1.1974.113-119

Abstract

Terrorism is an act that uses violence or threat of violence. Thus, law enforcement against criminal acts of terrorism is carried out with the Indonesian Criminal Justice System, with the operation of criminal justice systems ranging from the level of investigation, prosecution, justice to Prisoners in Penitentiary institutions into a single unit of the criminal justice system that enforces legal rules related to criminal acts of terrorism based on the principles of "Presumtion of Innocence" and "Presumtion of Guilt". This study aims to determine the prevention of criminal acts of terrorism in terms of the principle of the Presumtion of Guilt and efforts to enforce criminal acts of terrorism in the perspective of the principle of the Presumtion of Innocence. This type of research is Normative research type. In this paper it can be concluded that the enforcement of criminal acts of terrorism can be done through preventive measures by preventing the first occurrence of criminal acts of terrorism and repressive efforts by carrying out law enforcement efforts against suspects or defendants of criminal acts of terrorism. The enforcement of criminal acts of terrorism based on the principle of the Presumtion of Innocence has been aligned and implemented with the criminal justice system and preceded by the existence of two pieces of initial evidence so that no procedural defects occur and result in human rights violations.
Perlindungan Hukum terhadap Waitress di Cafe Katulebo Berdasarkan Undang-Undang Nomor 13 Tahun 2003 tentang Ketenagakerjaan Ida Bagus Alit Segara Gita; Nella Hasibuan Oleary; I Putu Gede Seputra
Jurnal Preferensi Hukum Vol. 1 No. 1 (2020): Jurnal Preferensi Hukum
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (194.723 KB) | DOI: 10.22225/jph.1.1.1977.222-227

Abstract

Waitress is usually tasked with pouring the drink that visitors ordered into a glass and accompanying visitors to sing while in the cafe. In labor law legal protection is provided in the form of legal protection in the field of job security where both in a relatively short or long time will be safe and there is a guarantee of safety for workers. In the case of liability to workers in the event of a work accident while carrying out their obligations at work the employer will bear the burden Arising materially by providingreimbursement for costs incurred due to work accidents based on the description the author gets the title Legal Protection Against Waitress at Katulebo Cafe Based on the Law Law Number 13 of 2003 concerning Employment. The aims of this study is to find out the legal protection provided by Katulebo cafe to waitresses according to Law No. 13 of 2003 concerning Employment and to find out the responsibility of Katulebo cafe for waitresses in work accidents. In practice the implementation of legal protection provided by the cafe to the waitress is only through a written agreement containing the regulations and what rights are obtained by the waitress. The form of responsibility given by the cafe to the waitress only provides a first-aid kit and compensation when work accidents occur. The writing method used is empirical legal research.
Peranan Reserse Kriminal dalam Mengungkap Tindak Pidana Pencurian Kendaraan Bermotor di Wilayah Hukum Polsek Ubud I Gusti Ngurah Arya Brahmantara; Anak Agung Sagung Laksmi Dewi; Ni Made Sukaryati
Jurnal Preferensi Hukum Vol. 1 No. 1 (2020): Jurnal Preferensi Hukum
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (271.964 KB) | DOI: 10.22225/jph.1.1.1979.14-20

Abstract

The rise of crimes occurred in almost all over the world has appeared as the limelight not only for the security forces and the community but also for scholars or researchers to strive for uncovering the motives beyond the criminal acts and the strategies for prevention and settlement. As is the case in Indonesia, especially in the Bali territory - the main center of Indonesian tourism activities - crimes in various forms have often taken place. This study reveals the police efforts in uncovering the criminal acts of motor vehicle theft occurred at Jalan Andong, Desa Petulu, Ubud - Bali, as well as the inhibiting factors encountered. The study makes use of qualitative research design and empirical and sociological legal research methods. The results showed that there were two actions the police had taken. First, pre-emptive action was realised through community guidance through Non-Commissioned Officer (NCO) for People’s Security and Order (most commonly known as BHABINKAMTIBMAS in Indonesia). The second is preventive action through patrol activities and control of the completeness of motorised vehicles. The latter is a repressive measure, in which the police took actions according to the police report models (A) and (B). In an effort to disclose this action, several obstacles were encountered, including: internal factors appearing in the form of inadequate number of investigators, facilities and equipment such as fingerprint scanners which were also inadequate and a limited budget; and external factors which include inadequate CCTV, the minimum number of witnesses, negligence of vehicle owners, perpetrators and stolen property had been outside Bali. The lack of witnesses, especially but not limited to recidivists, in an effort to expose the crime implies that sophisticated and adequate facilities and equipment have the crucial functions, benefits, and urgency to be equipped in order to realise national security and peace. Related to this, Criminal Investigation Agency holds a crucial role that needs to be realised immediately.
Pertanggungjawaban Pidana Pelaku Tindak Pidana Korupsi Dana Hibah Pengadaan Bibit Sapi (Studi Putusan Nomor 1/Pid.Sus-TPK/2019/PN Dps) I Kadek Edy Sanjaya; I Nyoman Gede Sugiartha; Ida Ayu Putu Widiati
Jurnal Preferensi Hukum Vol. 1 No. 1 (2020): Jurnal Preferensi Hukum
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (297.78 KB) | DOI: 10.22225/jph.1.1.1982.39-45

Abstract

This study aims to analyze the "Criminal Accountability of Corruption Actors in Grants for Beef Procurement Grants". Legal issues arising from this study include: How is the arrangement of grants and their relationship with criminal acts of corruption, as well as criminal liability for perpetrators of corruption in the procurement of cattle (Decision Number 1/PPid. Sus-TPK/2019/PN Dps). The research method used in this research is normative legal research with statutory, conceptual and case approaches. Based on the results of this study, it can be concluded several things: 1) Grant arrangements are regulated in Article 1666, 1682 and 1682 of the Civil Code; 2) The relationship between grants and corruption related to grants is a wet field that is used by individuals to commit corruption. 3) Based on Decision Number 1 / Pid.Sus-TPK / 2019 / PN Dps, the defendant is proven to have violated Article 3 in conjunction with Article 18 of Law Number 31 of 1999 concerning Eradication of Corruption Crimes in conjunction with Law Number 20 of 2002. Form of criminal liability the perpetrators of corruption in the form of imprisonment for 2 (two) years and 4 (four) months minus the temporary detention period and based on orders so that the defendant remains in custody and a fine of Rp 50,000,000 (fifty million rupiah) subsidair 2 (two) a month of confinement, and is charged to pay a replacement money of Rp 127,350,000 (one hundred twenty seven million three hundred fifty thousand rupiah). The advice that can be given to the reader is through education and exemplary attitude from the leader who becomes the main spear as a reflection of the government towards the next generation. For further researchers who will examine the crime of corruption in order to dig deeper about how the government plays a role in efforts to prevent corruption
Proses Penyitaan Barang Bukti Dalam Tindak Pidana Narkotika I Kadek Sudikma; I Ketut Sukadana; I Nyoman Gede Sugiartha
Jurnal Preferensi Hukum Vol. 1 No. 1 (2020): Jurnal Preferensi Hukum
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (227.364 KB) | DOI: 10.22225/jph.1.1.1983.46-51

Abstract

The police force is a government agency that has the authority to conduct foreclosures. Foreclosures that are carried out must meet elements of a criminal offense. One example of confiscation carried out by the Police is confiscation carried out in the case of abuse of Narcotics. The purpose of this study is to describe the regulation of criminal law against narcotics crimes and to determine the authority of investigators in confiscating narcotics evidence and the process of confiscating narcotics evidence. The method used in this study is normative with a legislative approach that is relevant to the problem under study. The source of legal material used is library research or library research. After the legal materials are collected, they are analyzed qualitatively. The results of this study indicate that confiscation of evidence is a stage that is carried out is very determining the existence of a criminal act or not. If the evidence to determine the existence of a crime is very appropriate, then the evidence can be used to support other evidence. The process of confiscating evidence of narcotics crime can be carried out in four types of foreclosure, namely: Ordinary confiscation, Confiscation in a state of emergency, Confiscation of caught hands, Confiscation of Letters or other writings.
Proses Permohonan Hak Pakai atas Tanah Milik Pribadi oleh Warga Negara Asing I Komang Andi Darmawan; Anak Agung Sagung Dewi; I Putu Gd Seputra
Jurnal Preferensi Hukum Vol. 1 No. 1 (2020): Jurnal Preferensi Hukum
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (285.335 KB) | DOI: 10.22225/jph.1.1.1984.52-58

Abstract

This study aims to determine the process of application for usage rights on private land by foreign citizan in Indonesia which is in accordance with the Regulations in force in Indonesia that have been established by law No. 5 of 1960 concerning the rules of the basic principles of agrarian, and also Government Regulation No. 40 of 1996 concerning right to build, right to use, and right to use, as well as registration of land which is regulated in Government Regulation No. 24 of 1997. This research is based on normative legal research that is technical or applied. This research approach also uses a law approach and a case approach that has/is happening. Types of data in this study are primary and secondary legal materials. This data collection technique is carried out in the form of literature study and data analysis techniques used are deduction with the syllogism method. The results of this study indicate that foreign nationals residing in Indonesia can have rights to use land in Indonesia in the form of building use rights, use rights and business use rights, in which foreign citizens are given time limits in owning or using on land in Indonesia, so that there is no occurrence of foreign nationals who can own or buy land in Indonesia on behalf of these foreigners, we know that land in Indonesia is only intended for Indonesian citizens.
Kedudukan Krama Desa yang Beralih Agama dalam Tanah Karang Desa di Desa Adat Canggu Badung I Komang Suartama Yasa
Jurnal Preferensi Hukum Vol. 1 No. 1 (2020): Jurnal Preferensi Hukum
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (244.018 KB) | DOI: 10.22225/jph.1.1.1985.59-67

Abstract

The status and function of customary land causes land problems to become complex, which can be a source of legal and social problems that appear in various forms of land disputes. Likewise with respect to the village plots, it is not free from disputes. There are many factors that lead to the disputes in village yards. The objectives of this study is to examine the rights and obligations of the village manners who occupy the village reef land and to examine the position of the village manners who are no longer Hindu towards the village coral land are in accordance with the Canggu Badung Adig village awig-awig. The type of study used is empirical legal research. The results of this study is 1) the rights and obligations of the village manners who occupy the village reef land in accordance with awig- awig Adat Canggu Badung Village is to occupy the village coral land, bearing in mind the village manners who occupy the village coral land have been regulated in Awig-Awig Canggu Adat Village, Pawos 4 Paragraph (1) and is obliged to participate in retribution, carrying out village directives and paying contributions. 2) The position of the village manners who are no longer Hindu towards the village coral land is in accordance with the awig-awig of the Traditional Village of Canggu Badung every village manners who convert, then the manners are called tamiu manners. Based on this, all the assets or facilities of the customary village must be returned to the customary village, including the village coral land it occupies, as stated in the Pararem of the Canggu Customary Village, Pawos 4 Paragraph (3).
Eksistensi Hak Gadai Tanah Sawah di Desa Ubung Kecamatan Jonggat Kabupaten Lombok Tengah Nusa Tenggara Barat I Made Adi Karsa; Ida Ayu Putu Widiati; I Wayan Arthanaya
Jurnal Preferensi Hukum Vol. 1 No. 1 (2020): Jurnal Preferensi Hukum
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (199.926 KB) | DOI: 10.22225/jph.1.1.1986.68-73

Abstract

The issuance of Law Number 5 of 1960 concerning Basic Regulations on Agrarian Principles on September 24, 1960, then abolished the old agrarian law. The purpose of this study is to analyze the implementation of land pawns in the Ubung village, Jonggat sub-district and find out the inhibiting factors of the implementation of agricultural land pawns in Ubung Village, Jonggat District, Central Lombok Regency, West Nusa Tenggara based on Law No. 56 Prp of 1960. The method in this study is Empirical research methods and problem approaches using legal sociology. The results showed that the agricultural land pawn given by the pawnbroker and the pawn recipient was not in accordance with the law. Agricultural pawn in the community of Ubung Village, Jonggat Subdistrict, Central Lombok Regency is not in line with the agricultural land pawning regulated in Law Number 56 Prp of 1960. Factors that inhibit the implementation of agricultural pawn in Ubung Village, Jonggat Subdistrict, Central Lombok Regency NTB based on article 7 paragraph (1) and paragraph (2) of Law Number 56 Prp of 1960 ineffective are a) there has been no socialization of Law Number 56 prp of 1960 governing the problem of pawning agricultural land in Ubung Village, Jonggat District, Central Lombok Regency, NTB from the authorities. b) The culture of Ubung Village, Jonggat Subdistrict, Central Lombok Regency, NTB, which considers the provisions of Law Number 56 prp of 1960 to be incompatible with the customs contained in their environment.

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