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All Journal Jurnal Preferensi Hukum (JPH) Jurnal Analogi Hukum
Sudibya, Diah Gayatri
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Law, Crime, Criminology & Criminal Justice

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Peranan Badan Narkotika Nasional (BNN) Dalam Upaya Pencegahan Terhadap Tindak Pidana Narkotika Setiaawan, Ida Bagus Trisnha; Widiati, Ida Ayu Putu; Sudibya, Diah Gayatri
Jurnal Analogi Hukum 361-365
Publisher : Fakultas Hukum Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/ah.2.3.2020.361-365

Abstract

Abstract—Narcotics is a substance that can make anyone who consumes it lose consciousness and various adverse effects can be caused from this drug because it contains both centric and semi-sentimental plants that affect brain performance until the disappearance of the pain that is felt but makes severe dependence, as for types and various types and this class of drugs has been attached to this Act. The formulation of the problem in this paper is how the duties and authority of the National Narcotics Agency in the act of criminal narcotics and what are the efforts of the National Narcotics Agency in the prevention of narcotics crimes. The research method used in this research is normative legal research; the author uses the main approach, namely the legislative approach to narcotics crime. By the National Narcotics Agency and enforcement practices and constraints that occur in eradicating narcotics crime faced by the National Narcotics Agency, the source of the author's legal material is obtained from a literature study of primary legal material and secondary legal material. The National Narcotics Agency is a non-ministerial government institution domiciled under the President and responsible to the President. The National Narcotics Agency has the duty and authority in the field of prevention and eradication and abuse of narcotics. The National Narcotics Agency encountered several obstacles in carrying out its duties, which were not sufficient operational costs, inadequate facilities and infrastructure, and a lack of community participation in helping the National Narcotics Agency to prevent narcotics crime .
Kedudukan Cucu Sebagai Ahli Waris Pengganti Dalam Hukum Waris Islam (Studi Kasus Nomor: 0013/PDT.P/2015/PA.DPS) Yuliandari, Ida Ayu Adi Iin; Sukadana, I Ketut; Sudibya, Diah Gayatri
Jurnal Analogi Hukum 346-350
Publisher : Fakultas Hukum Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/ah.2.3.2020.346-350

Abstract

Abstract—Of all the current laws, inheritance law has a very important role and even determines and reflects the kinship system that has prevailed in that society. Lately there have been many disputes arising from the death of the heirs before the heirs. The case is sought out by forming a substitute heir concept. Legal issues regarding substitution of heirs are one of the concepts of renewal in the Compilation of Islamic Law. The concept of substitute heirs aiming to find a sense of justice for heirs. The formulation of the problem raised is (1) What is the position grandchildren as substitut heeirs in Inslamic intheritance law system according to the Compilation of Islamic Law, (2) How is the judge's judgment on the position of grandchildren as substitute heirs in the Determination of Denpasar Religious Court Number 0013/Pdt.P/2015/PA.Dps. In this research using normative legal research, namely in the study systematically process library materials and related decision files. In this study it can be concluded that the position of grandchildren as substitute heirs in the Islamic inheritance system according to the Compilation of Islamic Law based on the Determination of the Denpasar Religious Court Number 0013/Pdt./2015/PA.Dps that the grandchildren can replace the position of their parents as heirs, because based on Article 185 paragraph (1) Compilation of Islamic Law, a person can inherit because the replacement of the place is the person who is replaced musthave passed away earlier than the heir.
Pelaksanaan Pengawasan dan Pengamatan oleh Hakim Pengawas dan Pengamat Dalam Pembinaan Narapidana di Pengadilan Negeri Denpasar Iswariyani, Ni Made Gita; Sujana, I Nyoman; Sudibya, Diah Gayatri
Jurnal Analogi Hukum 68-73
Publisher : Fakultas Hukum Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/ah.3.1.2021.68-73

Abstract

The development of technology and Informatics in Indonesia has grown rapidly resulting in crime took place very quickly. A person who commits a criminal offence and has imposed a verdict running criminal prison called inmates. The time penalty Convicts still have human rights that are guaranteed by law. Law enforcement in ensuring human rights requires the role of law enforcement officers. Supervisory judges and observers’ one of the law enforcement officers who have the task of supervising and observing the Court ruling which has had the force of law. Monitoring and observations made Justice of the supervisors and Observers is useful as an evaluation against the Court ruling and also towards the overthrow of the criminal and the construction of the inmates. Formulation of the problem in this study is How supervisory arrangements and observations by judges and observers in the construction superintendent of convicts and how implementation of supervisory judges and observers in Denpasar District Court in the construction of the inmates. The type of research used in the writing of this thesis is the empirical legal research conducted with research in the field. Setting the execution of the duties of judges and observers of the trustees listed in the Judicial Authority law, the law of Criminal Procedure Law, and Supreme Court Circulars. Implementation of Supervisory Judges and observers has been already executed in accordance with the provisions but not yet running smoothly overall.
Kedudukan Wanita Dalam Mewaris Setelah Adanya Keputusan Pesamuhan Agung Iii Majelis Utama Desa Pakraman Bali (Nomor 01/KEP/PSM-3/MDP Bali/X/2010) Pratiwi, Ni Putu Indah; Sudibya, Diah Gayatri; Karma , Ni Made Sukaryati
Jurnal Analogi Hukum 116-121
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.
Pemanfaatan Tanah Pekarangan Desa di Desa Adat Gelgel Kabupaten Klungkung Widjaya, Nyoman Andi; Sugiartha, I Nyoman Gede; Sudibya, Diah Gayatri
Jurnal Analogi Hukum 165-169
Publisher : Fakultas Hukum Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/ah.3.2.2021.165-169

Abstract

Land can be a very basic human desire. The relationship between humans and land can be in the form of a non-secular occult relationship which more or less contains parts of mystical (mystical) powers as the embodiment of humans and their natural surroundings. Inquiry techniques are controlled by radio with knowledge gathering techniques through direct interviews with people who are competent in the theory of reception victimization, reception in complex theories in the construction of the rule of law to see contemporary phenomena in the order of people's lives, especially in the Gelgel environment of Purba Village, Klungkung Regency. The results showed that the use of the Village Grounds in the Purba Gelgel Village was freely leased by the residents of Gelgel Pakraman Village to different parties. The Sanctions of the Traditional Karma of the Gelgel Purba Village which is not in line with the Rights and Obligations of Land Tenure in the Gelgel Ancient Village are following the awig – awig of the Gelgel Purba Village. It is hoped that residents can be vigilant and follow what the Banjar Adat community has united.
Ko-Eksistensi Hukum Negara dan Hukum Adat Bali Dalam Pengangkatan Anak (Studi di Desa Adat Lantangidung, Kecamatan Sukawati, Kabupaten Gianyar) Mahajony, Ketut Rai; Suwitra, I Made; Sudibya, Diah Gayatri
Jurnal Analogi Hukum 245-250
Publisher : Fakultas Hukum Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/ah.3.2.2021.245-250

Abstract

Traditional Balinese marriages follow the male bloodline (patrilineal), so having a son is still the goal of a marriage. Adoption of children (sentana peperasan) is an option if the family has no children to continue the obligations towards the family and society. Several cases of adoption, such as in the case of adoption in Lantangidung Village, Gianyar Bali, were raised in this study as case studies. The problem raised is how legal the adoption of children is according to Balinese Customary Law and State Law and the position of adopted children in the family and society according to Balinese Customary Law. This research is expected to expand the legal knowledge of the community, especially regarding the combination of Balinese Customary Law and State Law in terms of adoption. An empirical approach is used to see the combination of Balinese Customary Law and State Law. The conclusion is that: the co-existence of Balinese customary law and state law in the implementation of adoption needs to be clarified in more detail with an easy-to-understand sequence of implementation so that the position of adopted children in the family and society is also strong.
Eksistensi Awig-Awig Desa Adat Legian dalam Melestarikan Pariwisata Budaya pada Era Globalisasi (Studi Kasus di Desa Adat Legian, Kecamatan Kuta, Kabupaten Badung) Rama, I Wayan Agus; Budiartha, I Nyoman Putu; Sudibya, Diah Gayatri
Jurnal Analogi Hukum 167-171
Publisher : Fakultas Hukum Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/ah.4.2.2022.167-171

Abstract

Legian Traditional Village has experienced the influence of the globalization process. Awig-Awig is a traditional village which is used to regulate the welfare of indigenous peoples and the sustainability of traditional villages in maintaining traditions and culture in the midst of tourism development. The formulation of the problem: 1) What is the position and function of the Awig-Awig in Legian Traditional Village in preserving cultural tourism in the era of globalization? 2) What are the efforts to filter the negative impacts of globalization in preserving cultural tourism in the Legian Traditional Village?. This study uses empirical legal research methods. The results of the study indicate that the position and function of the Awig-Awig in Legian Traditional Village is able to coexist with the globalization paradigm. The globalization process accompanied by the strengthening of Awig-Awig which is implemented based on Palet 5 Indik Drewen Pawos Village 26, as a reference for preserving cultural tourism in the Legian Traditional Village. Efforts to filter the negative impacts that occur, it is necessary to maintain the socio-cultural aspect by filtering the incoming culture and strengthening the preservation of culture with local wisdom referring to the Awig-Awig contained in Palet 5 Indik Drewen, Pawos Village 26.
Pemberlakuan Sanksi Terhadap Pelaku Penjual Obat Terapi Covid-19 diatas Harga Eceran Tertinggi (HET) Ananda, Putu Pebri Theresia; Sugiartha, I Nyoman Gede; Sudibya, Diah Gayatri
Jurnal Analogi Hukum 156-161
Publisher : Fakultas Hukum Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/ah.4.2.2022.156-161

Abstract

The spread Covid-19 in Indonesia has circulated a lot about how to recover quickly if affected by the Covid-19 therapeutic drugs Covid-19, because many people who buy these drugs have made sellers selling above HRP appear which are detrimental to consumers. HRP has been regulated in Indonesia so that no rogue sellers sell goods above a predetermined price so that they do not harm consumers and are subject to sanctions if there are perpetrators who sell Covid-19 above HRP. This thesis discusses the regulation of drug HRP based on the decision of the Minister of Health and the imposition of sanctions on perpetrators of selling Covid-19 above HRP. This research uses normative legal research with a statutory approach. The results of this study indicate that the regulation of drug HRP is based on the Decree of the Minister of Health concerning the price of drug and the imposition of sanctions on perpetrators of selling Covid-19 above HRP in accordance with the provisions Article 62 paragraph (1) UUPK, Law no. 36 of 2009 concerning Health, and Article 7 paragraph (1) of the Minister of Trade Regulation no. 57 of 2017.
Penguasaan Tanah di Pulau Kanawa Sebagai Penyangga Taman Nasional Komodo di Labuan Bajo Kabupaten Manggarai Barat Provinsi NTT Deno, Aprianus Mario; Suwitra, I Made; Sudibya, Diah Gayatri
Jurnal Analogi Hukum 243-248
Publisher : Fakultas Hukum Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/ah.4.3.2022.243-248

Abstract

Kanawa Island is a buffer for Komodo National Park in Labuan Bajo, West Manggarai Regency, NTT Province which is managed by Italian Investors under the company name Kanawa Island & Resort with the area of Kanawa island being 23 hectares (23 ha). The right to Land Tenure of Kanawa by Investors through the provision of HGB above HPL by the West Manggarai Regency Government with a system of granting management permits in the form of Business Use Rights (HGU) is able to provide benefits and support welfare for the local community. The type of research (socio-legal research) or a legal research method that functions to be able to see the law in a real sense and examine how the law works in society and the facts that exist in a society.
Perlindungan Hukum Terhadap Pura Sebagai Kawasan Suci Dari Komersialisasi Budaya Untuk Pariwisata Vaisnava, Ida Bhujangga Putri; Rideng, I Wayan; Sudibya, Diah Gayatri
Jurnal Analogi Hukum 210-216
Publisher : Fakultas Hukum Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/jah.6.2.2024.210-216

Abstract

The presence of tourism brings a new paradigm. To raise legal issues, so far the temple in this case as a holy place is often commercialized even though the temple itself is a sacred area for Hindus. How is the Regulation of the Temple as a sacred area from Commercialization of Culture for Tourism? and How is the Form of Legal Protection of the Temple as a sacred area from Commercialization of Culture for Tourism?, This research uses normative research. As a result, the form of legal protection of the temple as a sacred area from the commercialization of culture for tourism in Bali is in the form of prohibition of commercialization, setting limits and supervision, as well as the establishment of law enforcement and enforcement of sanctions in the form of formal law and the application of customary sanctions.
Co-Authors Anak Agung Sagung Laksmi Dewi Ananda, Putu Pebri Theresia Darmika, Gede Arya Aditya Deno, Aprianus Mario Duarsa, Ni Kadek Dhea Pratiwi Hendrawan, Kadek Teddy I Ketut Sukadana I Made Arjaya I Made Sepud I Made Suwitra, I Made I Nyoman Putu Budiartha I Wayan Rideng I Wayan Wesna Astara Iswariyani, Ni Made Gita Karma, Ni Made Sukaryati Kumara, GD. Bagus Maesha Mahajony, Ketut Rai Murtiawan, I Wayan Ery Prayana Permana, I Putu Bayu Pernada, I Kadek Warga Pranata , Bujangga Agus Arif Pratiwi, Ni Putu Indah Putra, I Gusti Made Agung Satria Putu Budiartha, I Nyoman Rama, I Wayan Agus Sagita, I Kadek Yoga Ary Setiaawan, Ida Bagus Trisnha Setyawan, I Putu Hendra Simon Nahak Sugiartha, I Nyoman Gede Sujana, I Nyoman Sumartika, I Wayan Teli, Yolanda Hana Ujianti, Ni Made Puspasutari Utama, Rai Dharma Vaisnava, Ida Bhujangga Putri Widiati, Ida Ayu Putu Widjaya, Nyoman Andi Widyantara, I Gede Suka Yulandini, Ni Kadek Ayu Cahya Yuliandari, Ida Ayu Adi Iin