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All Journal Jurnal Analogi Hukum
Ni Made Sukaryati Karma
Fakultas Hukum, Universitas Warmadewa, Denpasar-Bali
Law, Crime, Criminology & Criminal Justice

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Pemberatan Hukuman Terhadap Residivis (Studi Kasus Putusan Perkara Nomor 50/Pid.B/2018/PN.Tab) Ni Made Wahyuni Paramitha; I Ketut Sukadana; Ni Made Sukaryati Karma
Jurnal Analogi Hukum Vol. 3 No. 1 (2021): Jurnal Analogi Hukum
Publisher : Fakultas Hukum Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/ah.3.1.2021.84-89

Abstract

With existence of law expected by state Indonesia become peaceful state and can prevent the happening of crime. Its function criminal law arrange life of society to be can create orderliness of public. These time often met by various crime case conducted by recidivist, where the recidivist don’t discourage to penalization which he have against the punismentin prison previously. Research problems of this study are (1) How arrangement of law to recidivist according to positive law in Indonesia? ( 2) How base consideration of judge in breaking a recidivist? This research use approach of normatif that is with method approach of legislation, conceptual, and approach of case. Result indicate that: ( 1) Arrangement of law to recidivist according to Indonesian positive law is pursuant to section 486 Criminal code which enter in certain type of crimes, in section 486 Criminal code arrange about maximum crime from some criminal of which can added by 1/3 one-third because conducting repetition of or deed of recidive. ( 2) Base consideration of judge in breaking a recidivist that is in the balance punish Assembly Judge of Tabanan constitution its decision regarding have proven of validly and assure mistake of defendant of Section assertion 362 Criminal code have precisely and correctness. But regarding dropped crime penalization to defendant according to writer don’t in agreement with the decision because of existence of dimness of norm and also not yet fulfilled sense of justice and rule of law which where judge ought to add 1/3 one-third from maximum crime threat of fundamental because defendant a recidivist.
Peranan Lembaga Bantuan Hukum Dalam Penanganan Anak Yang Berhadapan Dengan Hukum di LBH Apik Bali Ni Putu Ayu Prasetya Paramita; Anak Agung Sagung Laksmi Dewi; Ni Made Sukaryati Karma
Jurnal Analogi Hukum Vol. 3 No. 1 (2021): Jurnal Analogi Hukum
Publisher : Fakultas Hukum Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/ah.3.1.2021.106-110

Abstract

Law violations continue to increase every year, even children become lawbreakers. Children as the next generation must be protected. Because Indonesia is a State of Law. Then the Law on Legal Aid provides legal protection for the poor. The problems of this study are 1) what is the role of LBH APIK BALI in dealing with ABH? 2) What is the effectiveness of the APIK BALI LBH in handling ABH? The research method used in this paper is empirical, namely primary data sourced from research in the field and secondary data sourced from library research in the form of legal materials. The results of the study can be concluded that: 1) LBH APIK BALI in dealing with ABH by providing assistance to children in the Litigation and Non Litigation circles. 2) LBH APIK BALI in handling ABH has not been effective, but it is in accordance with the SPPA Law. The importance of cooperation, lobbying with the government to protect ABH so that the rights of the ABH regarding the provision of legal assistance in the LBH APIK BALI are fulfilled.Keywords: Role, Legal Aid Institution, Child Criminal Justice System
Kedudukan Wanita Dalam Mewaris Setelah Adanya Keputusan Pesamuhan Agung Iii Majelis Utama Desa Pakraman Bali (Nomor 01/KEP/PSM-3/MDP Bali/X/2010) Ni Putu Indah Pratiwi; Diah Gayatri Sudibya; Ni Made Sukaryati Karma
Jurnal Analogi Hukum Vol. 3 No. 1 (2021): Jurnal Analogi Hukum
Publisher : Fakultas Hukum Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/ah.3.1.2021.116-121

Abstract

The survival of a society is guaranteed by marriage, which there is a legal heir. The existence of legal heirs in Indonesia is still not currently legal, as well as unification of Bali from a district with other counties could not be equated the inheritance system. Bali has a fatherly line that ispatrilinial, which causes only the descendants of the kapurusa's status as heir in the family. Then with the decision of the Supreme Pesamuhan III which describes possible female heir or heirs. Formulation of the difficulty in this study is how the situation of women in Bali in Bali where the inheritance in the family embraced the system patrinial and how the position of women of Bali after the promulgation of the decision of the Supreme Pesamuhan III MUDP. The type of research used in this study is normative legal research. Thus the legal heirs in Bali customs, women cannot inherit because she is not capable in undertaking its obligations, whether liability caring for parents or an obligation in customary and ayahan temples. Whereas after the Supreme Pesamuhan III MUDP Bali said women can fully inheriting like male although in that women marrying out but he had to keep running its obligations.
Pengaturan Predatory Pricing Transportasi Online Dalam Perspektif Hukum Persaingan Usaha Ni Putu Yuley Restiti; Ni Luh Mahendrawati; Ni Made Sukaryati Karma
Jurnal Analogi Hukum Vol. 3 No. 1 (2021): Jurnal Analogi Hukum
Publisher : Fakultas Hukum Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/ah.3.1.2021.129-134

Abstract

In the business world, competition between business people is common. Business actors that conduct fair business competition will have a positive impact on the course of competition between other business actors. However, in reality there are also business actors who conduct business competition in unhealthy ways that will adversely affect the balance in business competition. The problems of this study are: 1) What is the predatory pricing arrangement in business competition in Indonesia and 2) What is the relevance of promotion as an online transportation marketing tool for legal arrangements for predatory pricing. The research method used is a normative legal research method so that the problem approach used is the legal, conceptual, and case approaches and uses primary and secondary legal materials. So that legal material collection techniques used are documentation techniques by processing and analyzing legal materials that have been collected using legal arguments. As for the results of this research are the regulation regarding the prohibition on practicing predatory pricing is contained in Article 20 of Constitution No. 5 of 1999 concerning Prohibition of Monopolistic Practices and the relevance of promotion as a means of online transportation marketing to the legal arrangements of predatory pricing in Constitution No. 5 of 1999 which has not regulated excessive promotion at a very low price which can lead to elements of predatory pricing practices.
Co-Authors Anak Agung Sagung Laksmi Dewi Diah Gayatri Sudibya I Ketut Sukadana Ni Luh Mahendrawati Ni Made Wahyuni Paramitha Ni Putu Ayu Prasetya Paramita Ni Putu Indah Pratiwi Ni Putu Yuley Restiti