Articles
<![CDATA[Eksistensi Pengadilan Pajak Dalam Penyelesaian Sengketa Pajak ]]>
<![CDATA[I Wayan Sentana Gotama]]>;
<![CDATA[Ida Ayu Putu Widiati]]>;
<![CDATA[I Putu Gede Seputra]]>
<![CDATA[ Jurnal Analogi Hukum Vol. 2 No. 3 (2020): Jurnal Analogi Hukum ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Warmadewa ]]>
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DOI: 10.22225/ah.2.3.2020.331-335
<![CDATA[Abstract—Tax is one of the sources of state revenue for national development, the collection of which can be imposed based on legislation. In practice, there are often differences in interpretation between tax authorities and taxpayers in understanding the laws and regulations that can lead to tax disputes. As for the formulation of the problem in this study: how is the position of the Tax Court in Indonesia? What constraints hamper the tax dispute resolution process in the Tax Court? This research is expected to expand public legal knowledge, especially regarding the tax court and the realization of a professional, independent and trusted Tax Court. This research is normative research with conceptual approach and legislation. Based on the results of the study, it can be concluded that: 1) The position of the Tax Court is in two (2) institutions, namely technical-judicial guidance by the Supreme Court and organizational, financial, and administrative guidance by the Ministry of Finance. This dualism has caused many parties to doubt the independence and independence of the Tax Court. 2) Constraints in the tax dispute resolution process in the Tax Court are the place of residence of the Tax Court which only exists in the Capital of the State and there are administrative sanctions in the form of fines of 100% (one hundred percent) if the taxpayer's appeal is partially granted or rejected.]]>
<![CDATA[Kebijakan Perlindungan Hukum Terhadap Konsumen Online Market Place Akibat Dampak Covid-19 ]]>
<![CDATA[I Made Amertha Wiguna]]>;
<![CDATA[I Nyoman Putu Budiartha]]>;
<![CDATA[Ida Ayu Putu Widiati]]>
<![CDATA[ Jurnal Analogi Hukum Vol. 3 No. 2 (2021): Jurnal Analogi Hukum ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Warmadewa ]]>
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DOI: 10.22225/ah.3.2.2021.135-141
<![CDATA[The increasing number of online marketplace users continues to increase which also leads to increased crime, on the other hand the weak legal protection regulations. The formulation of the problem raised is How does the legal protection policy for online marketplace consumers impact Covid-19? What are the legal implications of the spread of covid-19 for online marketplace consumers? This thesis research is carried out using the normative research type. The results show that legal protection for consumers in online marketplace transactions has not been effectively carried out because in the UUPK regulations, the ITE Law, the Trade Law, PP PSTE, and PP PMSE, the contents of the regulations overlap and are inconsistent. Regulations on legal protection policies that are tailored to current and future needs are needed in order to protect consumers and support the operation of online marketplace transactions. Then provide a reference for the government as a material for consideration in order to improve legal protection policy regulations related to online transactions; 1) Fixing legal protection rules, 2) In making rules, it is necessary to involve private parties, 3) The need for good coordination between government institutions, 4) Carry out online consumer dispute resolution effectively using SiPENA.]]>
<![CDATA[Implementasi Peraturan Walikota Denpasar Nomor 36 Tahun 2018 Tentang Pengurangan Kantong Plastik Pada Pelaku Usaha Pasar Tradisional ]]>
<![CDATA[Satrya Raul Neru]]>;
<![CDATA[Ida Ayu Putu Widiati]]>;
<![CDATA[I Wayan Arthanaya]]>
<![CDATA[ Jurnal Analogi Hukum Vol. 3 No. 3 (2021): Jurnal Analogi Hukum ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Warmadewa ]]>
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DOI: 10.22225/ah.3.3.2021.294-299
<![CDATA[One of the threats to our environment is the problem of plastic waste. Plastic waste is a global problem that is currently getting more attention from many countries. Realizing this, it is necessary to have a regulation that reduces the increasing use of plastic. To reduce the increasing use of plastic, the Denpasar City Government has made a plastic waste reduction program through reducing the use of plastic bags. This regulation is in the form of the stipulation of Mayor Regulation Number 36 of 2018 concerning Reducing the Use of Plastic Bags. There are 2 (two) main problems that will be studied in this study including 1) How is the application of Denpasar Mayor Regulation Number 36 of 2018 to traditional market business actors?, 2) What efforts are being made by the Denpasar City Government to make plastic bag reduction effective? The research method used in this study is empirical legal research with a sociological juridical approach. The application of Denpasar City Regulation Number 36 of 2018 for business actors in traditional markets cannot be carried out to the maximum, this is because not all business actors in traditional markets can carry out these buying and selling activities by not using plastic bags. Denpasar City to make the reduction of plastic bags effective is to carry out socialization and also provide administrative sanctions for those who violate.]]>
<![CDATA[Mekanisme Pemberian Izin Usaha Pariwisata Pada Usaha Solus Per Aqua (SPA) di Kawasan Sanur ]]>
<![CDATA[I Made Dwi Bimantara]]>;
<![CDATA[I Nyoman Putu Budiartha]]>;
<![CDATA[Ida Ayu Putu Widiati]]>
<![CDATA[ Jurnal Analogi Hukum Vol. 4 No. 1 (2022): Jurnal Analogi Hukum ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Warmadewa ]]>
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DOI: 10.22225/ah.4.1.2022.6-11
<![CDATA[The proliferation of spa businesses in the Sanur area is expected to bring a positive competitive atmosphere among entrepreneurs to improve the quality of the services they provide. However, in practice, several spa businesses in the Sanur area do not have a tourism business registration permit. The purpose of this study is to find out (1) the implementation of a tourism business license on a spa business in the Sanur area; (2) the constraints and efforts of the Denpasar City Government in implementing tourism business permits for spa businesses in the Sanur area. The type of research used is a statutory approach and a fact approach. The results of the study show that (1) the SPA business license as an applicant must first complete the conditions that have been determined by the relevant Office, then after the conditions are valid, a review will be carried out directly at the location and then the permit is issued by the Investment Office. and Denpasar City One Stop Services on behalf of the Mayor; and (2) the legal basis for granting SPA business permits in Denpasar City Regulation No. 13 of 2015 concerning tourism business registration, the government and related agencies seek to optimize business actors to register their businesses in order to have legal certainty that is the guide in running the business. , but in the community there is a lack of information about the importance of permits in the operation of SPA businesses in the Sanur area.]]>
<![CDATA[Implementasi Pemberlakuan Pembatasan Kegiatan Masyarakat di Kota Denpasar ]]>
<![CDATA[Anak Agung Putu Eka Putra Warmadewa]]>;
<![CDATA[Ida Ayu Putu Widiati]]>;
<![CDATA[Luh Putu Suryani]]>
<![CDATA[ Jurnal Analogi Hukum Vol. 4 No. 1 (2022): Jurnal Analogi Hukum ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Warmadewa ]]>
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DOI: 10.22225/ah.4.1.2022.44-49
<![CDATA[The Covid-19 pandemic has become a disease outbreak that has hit people all over the world, including Indonesia. The purpose of this research is to find out the basis for the implementation of restrictions on community activities in the city of Denpasar and to find out the implementation of restrictions on community activities in the city of Denpasar. This research use the empirical law method with a fast approach, case approach, and legal concept analysis. The results showed that the basis for the implementation of restrictions on community activities in Denpasar City was to carry out its autonomy in the form of making new policies and following according to their respective regions and the implementation of activity restrictions in the city of Denpasar. . The government's efforts to prevent the spread of the Covid-19 pandemic are by implementing the Restrictions on Community Activities in Denpasar City and educating the public again how dangerous the Covid-19 virus is.]]>
<![CDATA[Efektivitas Pelaksanaan Program Pengelolaan Sampah Berbasis Sumber ]]>
<![CDATA[I Made Dicky Taruna Wijaya]]>;
<![CDATA[Ida Ayu Putu Widiati]]>;
<![CDATA[I Wayan Arthanaya]]>
<![CDATA[ Jurnal Analogi Hukum Vol. 4 No. 2 (2022): Jurnal Analogi Hukum ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Warmadewa ]]>
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DOI: 10.22225/ah.4.2.2022.146-150
<![CDATA[The implementation of source-based waste management as stipulated in the Bali Governor Regulation Number 47 of 2019 is one solution in handling waste in Denpasar City. It is necessary to conduct a special study on the effectiveness of source-based waste management implemented in Denpasar City. Based on this background, the following problems can be formulated: 1) What is the arrangement for waste management in Denpasar City? 2) How is the effectiveness of source-based waste management in Padangsambian Village? This type of research in scientific writing is empirical legal research. The results show that the effectiveness of source-based waste management in Padangsambian Village is still not maximized due to population growth factors that have an impact on increasing the volume of waste every year caused by the increase in population, the quality and quantity of Human Resources (HR) which are still inadequate and operational technicalities. , there are still obstacles in management with the lack of budget in the village.]]>
<![CDATA[Persetujuan Pembangunan di Daerah Jalur Hijau di Dusun Gubug Belodan Kabupaten Tabanan ]]>
<![CDATA[I Kadek Tedo Tamara Putra Daniswara]]>;
<![CDATA[Ida Ayu Putu Widiati]]>;
<![CDATA[Putu Ayu Sriasih Wesna]]>
<![CDATA[ Jurnal Analogi Hukum Vol. 6 No. 2 (2024): Jurnal Analogi Hukum ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Warmadewa ]]>
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DOI: 10.22225/jah.6.2.2024.179-184
<![CDATA[Gubug Belodan Village is located in the scope of the Tabanan Regency area with a strategic location on the edge of the city, has a high lure to be used as a residential or commercial area which certainly greatly affects the agricultural land in Gubug Belodan Hamlet where the land used is finally in a shifting condition. Based on this, how is the granting of building approval (PBG) in the green belt area? And how is the policy of granting building approval (PBG) in the green belt of Gubug Belodan Hamlet, Tabanan Regency? This research uses empirical legal research. The green line, which is a public infrastructure and facilities, the establishment of buildings on the green line must have PBG based on Law No. 28/2002 on Building. Regarding the green belt development policy, it is also explained in the Tabanan Regency Regional Regulation No. 6/2014 concerning the Green Belt Area which provides an understanding that the establishment of buildings is not allowed permanently or not which is contrary to the functional and use of the defense area concerned in the green belt area, except with the permission of the Regent with the recommendation of the DPRD.]]>
<![CDATA[Implementasi Penyelenggaraan Reklame di Kabupaten Badung ]]>
<![CDATA[I Made Purnayasa]]>;
<![CDATA[Ida Ayu Putu Widiati]]>;
<![CDATA[Luh Putu Suryani]]>
<![CDATA[ Jurnal Analogi Hukum Vol. 6 No. 2 (2024): Jurnal Analogi Hukum ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Warmadewa ]]>
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DOI: 10.22225/jah.6.2.2024.185-190
<![CDATA[In its implementation, billboards often use public facilities that should not function as a place or means of promotion. This results in irregularities in the licensing field with the Government such as in Badung Regency. Based on this, how is the implementation of billboard installation in Badung Regency? And how is the control of the implementation of billboard installation in Badung Regency? Research writing uses empirical legal methods. Based on Badung Regent Regulation Number 80 of 2014, the installation of billboards must pay attention to aesthetics, ethics and beauty, where in Badung Regency there is still a lot of overlap in the practice of installation places. In this case, the Badung Regency Government has a Master Plan (location of billboard distribution) to issue permits for the implementation of billboards that are not in accordance with the rules, by making repressive and preventive efforts such as demolition and socialization of the rules for billboards and processing billboard permits.]]>
<![CDATA[PENEGAKAN HUKUM TERHADAP WARGA NEGARA ASING YANG MELAKUKAN TINDAK PIDANA ASUSILA DI DESTINASI WISATA ]]>
<![CDATA[Dewa Ayu Julia Anastasya]]>;
<![CDATA[Ida Ayu Putu Widiati]]>;
<![CDATA[I Made Minggu Widyantara]]>
<![CDATA[ Jurnal Analogi Hukum Vol. 6 No. 3 (2024): Jurnal Analogi Hukum ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Warmadewa ]]>
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DOI: 10.22225/jah.6.3.2024.287-292
<![CDATA[Immoral acts by foreigners in tourist destinations must receive sanctions based on regulations in the Criminal Code and sanctions based on customary law. The problem is, 1) what are the legal regulations for foreigners who commit immoral acts in tourist destinations? and 2) How the judge considered decision Number 66/Pid.B/2021/PN. Sgr about immoral crimes committed by foreigners in tourist destinations? This research describes the legal regulations and considerations of judges in deciding cases of acts of decency by foreign citizens in tourist destinations. This research uses deductive legal logic which is analyzed descriptively through a statute approach, conceptual approach and case approach. This research shows that the legal regulations for foreigners who carry out decency acts in tourist destinations are part of the regulations for decency acts in the Criminal Code and customary law. The judge's decision considerations are based on legal and non-legal factors. The relationship between the two lies in the application of criminal sanctions and the judge's consideration in making a decision.]]>
<![CDATA[Tindak Pidana Penadahan Dalam Kegiatan Usaha Pertambangan Mineral Bukan Logam Dan Batuan Tanpa Izin ]]>
<![CDATA[I Made Sadhu Arta Kori]]>;
<![CDATA[I Nyoman Gede Sugiarta]]>;
<![CDATA[Ida Ayu Putu Widiati]]>
<![CDATA[ Jurnal Analogi Hukum Vol. 6 No. 3 (2024): Jurnal Analogi Hukum ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Warmadewa ]]>
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DOI: 10.22225/jah.6.3.2024.311-316
<![CDATA[In Indonesia, there is a strong and steady development of roads, buildings and public facilities that will be very useful for the community in the future. However, in mineral exploitation activities there are still people who violate these regulations by committing criminal detention. The formulation of the problem is:1) how is the licensing arrangement for rock and nonmetal mineral mining companies? 2) What are the administrative sanctions for arresting entrepreneurs who carry out exploitation of non-metal minerals and rocks? This researchs uses normative legal research methods using legislation and document research methods by analysing and examining current legal regulations as a basis for problem solving. The results show that legal provisions related to criminal sanctions against licences to own and cultivate non-metal minerals and rocks are implied in the Criminal Code and regulated in Law Number 3 of 2020, amending and adding a number of articles in Law Number 4 of 2020. 2009, Articles 158 and 160 related to Non-Metal and Stone Mining, Government Regulation Number 5 of 2021 concerning the Implementation of Business Licences. In this case, there are sanctions and fines if business entities commit preventive violations in the exploitation of non-metal minerals and rocks.]]>
