Articles
<![CDATA[Hubungan Keperdataan Antara Pengemudi dengan Perusahaan Ojek Online ]]>
<![CDATA[Dewi, I Gusti Agung Dhian Maharani Swari]]>;
<![CDATA[Widiati, Ida Ayu Putu]]>;
<![CDATA[Ujianti, Ni Made Puspasutari]]>
<![CDATA[ Jurnal Analogi Hukum 324-329 ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Warmadewa ]]>
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DOI: 10.22225/ah.1.3.2019.324-329
<![CDATA[In Indonesia there are interesting phenomena that occur in the community, in the general public consider that drivers of transportation online are one of the employees of the application service company so that between them there is a working relationship, because with the requirements that must be met when registering as a drivers of transportation online. As for the formulation of the problem to be discussed: 1. what is the working relationship between drivers of transportation online and companies as a form of civil relations? 2. What is the legal protection for drivers of transportation online and if the drivers makes interpretations at work? The research aims to find out and understand the relationship between drivers of transportation online and companies as a form of civil relations and legal protection for drivers of transportation online and if the drivers makes interpretations at work. This type of research uses normative legal research or library research methods is the method or method used in legal research carried out by examining existing library materials. In partnership relationships emphasize the principle of mutualism between the two parties, meaning that this relationship as mutually beneficial and where the position of the parties is equal. The principle in legal protection related to government actions rests and comes from the concept of recognition and protection of human right.]]>
<![CDATA[Hukum Perkawinan Berbeda Kasta Dalam Perspektif Hukum dan Hak Asasi Manusia ]]>
<![CDATA[Sumartika, I Wayan]]>;
<![CDATA[Sudibya, Diah Gayatri]]>;
<![CDATA[Ujianti, Ni Made Puspasutari]]>
<![CDATA[ Jurnal Analogi Hukum 396-400 ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Warmadewa ]]>
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DOI: 10.22225/ah.1.3.2019.396-400
<![CDATA[Marriage as a legal problem will raise concerns for husbands in marriage. The philosophical problem, namely the marriage penalty of different castes is contrary to the Almighty values of the Almighty God in Pancasila. Sanctions are discharged (discharged) outside the area and sanctioned by the patiwangi ceremony. The juridical issue, the implementation of sanctions and the patiwangi ceremony in the marriage of different castes should be canceled because it is not in accordance with the Constitution. The method used is normative legal research based on proposed norms or evaluations or real problems, and legal materials obtained will be predicted. The results of the study indicate that there are sociological problems in different caste marriages, where the community still carries sanctions on customary law. The sanctions approved were those issued regarding the elimination of racial and ethnic discrimination or according to national law, there were no agreed provisions regarding the prohibition of the influence of different caste marriages. So as long as this marriage meets the requirements stated in the marriage law, it can be approved legally. Marriage is different depending on the women. According to the Act, every one who discriminates against others forms everything.]]>
<![CDATA[Upaya Pekerja Outsourcing Terhadap Pemutusan Hubungan Kerja Atas Pelanggaran Kontrak Kerja ]]>
<![CDATA[Yasa, I Putu Agus Tirta]]>;
<![CDATA[Budiartha, I Nyoman Putu]]>;
<![CDATA[Ujianti, Ni Made Puspasutari]]>
<![CDATA[ Jurnal Analogi Hukum 192-196 ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Warmadewa ]]>
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DOI: 10.22225/ah.2.2.2020.192-196
<![CDATA[In its development, every industry today is a business activity that produces a large economy that requires a lot of labor. In its rules namely Law No. 13 of 2003 which applies primarily in labor matters has been established as a rule for systematically running the business activities of the company. The formulation of the problem in this study is 1) How do acts of violation of termination of employment against outsourcing workers? 2) What are the efforts of outsourcing workers who violate the employment contract and are affected by Termination of Employment? This study uses normative legal research methods, uses the statutory approach and conceptual approach, examines primary legal materials, secondary legal materials, and tertiary legal materials and uses legal material collection techniques by studying literature, reading literature and related internet pages. Outsourcing is a term that refers to the authority of the job to employ every community who wants to move in the company's business. Outsourcing workers are intended as workers who have joined certain companies to carry out a business activity in which of course there are terms and conditions governing the management of these workers, mentioned in the employment contract. The rules contained in each work contract allow there is no crime against business ventures and layoffs if there is fraud or breach of contract outsourcing workers in running a business, it is in accordance with the Manpower Act.]]>
<![CDATA[Contractual Liability dalam Perjanjian Keagenan Gas Elpiji Non-Public Service Obligation ]]>
<![CDATA[Kusnadi, Ricky]]>;
<![CDATA[Budiartha, I Nyoman Putu]]>;
<![CDATA[Ujianti, Ni Made Puspasutari]]>
<![CDATA[ Jurnal Analogi Hukum 270-277 ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Warmadewa ]]>
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DOI: 10.22225/ah.2.2.2020.270-277
<![CDATA[Pertamina as a producer (principal) sells products to consumers through agents, causing Pertamina not to deal directly with consumers, so there is no contractual liability between producers and consumers. The problem formulation in these studies is: 1) What is the legal relationship between principal and agent based on the Agency Agreement LPG Gas Non-PSO?; 2) What is the contractual liability based on the Agency Agreement LPG Gas Non-PSO?. This type of research is juridical normative with a legal approach and presented in the form of legal interpretation. Agency agreements between principals and agents are not specifically regulated in the KUH Perdata and KUHD, but the principle of freedom of contract allows for an Agency Agreement. The Agency Agreement made between Pertamina and Agent creates a legal relationship that is reflected in the rights and obligations of each party which if not fulfilled is an act of default. Contractual liability refers to legal liability in an agreement / contract. Pertamina gives a gradual sanction to agents. Agents are not permitted to change the selling price and reduction of the tube contents to consumers, so that if a consumer lawsuit occurs, Pertamina is freed from the demands of a third party. As long as the subject matter of the law is contrary to matters that are objects of law, then the case can be criminalized. Every act of a legal subject that is contrary to other legal subjects will become the realm of civil matters.]]>
<![CDATA[Hilangnya Objek Jaminan Fidusia yang Tidak Didaftarkan ]]>
<![CDATA[Lestari, Kadek Cinthya Dwi]]>;
<![CDATA[Budiartha, I Nyoman Putu]]>;
<![CDATA[Ujianti, Ni Made Puspasutari]]>
<![CDATA[ Jurnal Analogi Hukum 383-387 ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Warmadewa ]]>
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DOI: 10.22225/ah.2.3.2020.383-387
<![CDATA[Abstract—In accordance with the provisions in the Fiduciary Guarantee Law, the object of fiduciary guarantee must be registered at the fiduciary registration office, but in practice there are still many who do not register it. “The Loss of the Unregistered Fiduciary Object†has the formulation of the problem as a result of the legal guarantee dispute resolution effort the loss of unregistered fiduciary collateral objects. This research method uses mixed legal research method. In this type of legal research, combining between norm-based events and actual occurrences can be conclude that no fiduciary collateral results in the creditor not having preferential rights and executorial title rights in the case of destruction, the object of human guarantee can be resolve by litigation and non-litigation. This method combines the implementation of normative legal provisions (laws) in its action on certain legal events that occur in a society. After conducting this analysis, it can be concluded that the failure to register a fiduciary guarantee causes the creditor not to have preferential rights and executorial title rights. In the event that the destruction of the object of fiduciary guarantee can be resolve by means of litigation and non-litigation. At BPR Artha Bali Jaya, the settlement is carried out by non-litigation, namely by means of family or mediation, where if the debtor continues to pay the remaining credit, the lost object is not dispute. And to further reduce risk BPR Artha Bali Jaya asks debtors to replace lost collateral objects by pledging other objects of the same value.]]>
<![CDATA[Asas Itikad Baik dalam Perjanjian Jual Beli Barang Melalui Media Elektronik (E-Commerce) ]]>
<![CDATA[Putra, I Wayan Agus Grahadi]]>;
<![CDATA[Budiartha, I Nyoman Putu]]>;
<![CDATA[Ujianti, Ni Made Puspasutari]]>
<![CDATA[ Jurnal Analogi Hukum 320-325 ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Warmadewa ]]>
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DOI: 10.22225/ah.2.3.2020.320-325
<![CDATA[Abstract—Technological developments affect all aspects of life that make life easier or more instant. One aspect of this technology is affected by the purchase agreement. This agreement was initially carried out by businessmen meeting with a buyer in a place (the market), today this agreement can be done simply by using mobile phones that have internet we are able to make buying and selling the so-called E-Commerce. As for the formulation of the problem 1. How is the validity of the Sale and Purchase Agreement using Electronic Media (E-Commerce) for the parties who make it? How is the Good Faith Principle in the Sale and Purchase Agreement of Goods using Electronic Media (E-Commerce)? This research uses normative research methods. The results of this study are Effect of E-Commerce has changed the way a person to transact in the electronic media have a positive impact for both side. When there is a positive impact then of course there are negative impacts, the negative impact entrepreneurs often commit fraud in transactions because they do not meet in person only meet in cyberspace alone. So in the world of E-Commerce importance of implementing in good faith greatly influence the nets of a business because when it has been using the good faith of both parties will not commit fraud with each other.]]>
<![CDATA[Perjanjian Pinjam Meminjam Uang Antara Renternir Dengan Konsumen di Pasar Desa Adat Mengwi ]]>
<![CDATA[Prihandani, Ni Ketut Diah]]>;
<![CDATA[Arini, Desak Gde Dwi]]>;
<![CDATA[Ujianti, Ni Made Puspasutari]]>
<![CDATA[ Jurnal Analogi Hukum 47-51 ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Warmadewa ]]>
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DOI: 10.22225/ah.3.1.2021.47-51
<![CDATA[The debts or lending money is one of those things that is never ended, in the practiced borrowed money related to loan shark and consumer borrowed to practiced of the money between loan shark and consumer, that is many to founded in Desa Adat Mengwi market which debt agrement among loan shark and consumer is agrement among the two parties is sometimes weaknes of law. So if a default occurs in this agrement it will be difficult to reselved, based on the problem, two problem statements can be formulated 1. How legitimate the loan agrement is between loan shark and consumer in the Desa Adat Mengwi market and, 2.What legal efforts will do if there is a default on consumers. In solving those problem, the settlement method used is an empirical research method. With research directly collecting data used through interview and used the sociology approach, from the result of real research. Legitimate lending and borroming agrements among loan shark and consumers in Desa Adat Mengwi market guided by justice, that is the evert of default between loan shark and consumer and debt agrement, this is the factor that from consumers thenselves and affort to solve that are used are non litigation or community.]]>
<![CDATA[Peranan Perjanjian Perkawinan yang dilakukan Sebelum Perkawinan Berlangsung Studi Komparatif Hukum Islam dan Undang-Undang Perkawinan ]]>
<![CDATA[Maulana, Rahul]]>;
<![CDATA[Budiartha, I Nyoman Putu]]>;
<![CDATA[Ujianti, Ni Made Puspasutari]]>
<![CDATA[ Jurnal Analogi Hukum 317-321 ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Warmadewa ]]>
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DOI: 10.22225/ah.3.3.2021.317-321
<![CDATA[Humans as social beings created by Allah SWT as pairs cannot live alone. As creatures in pairs, humans will marry to continue their offspring. Marriage formed by humans aims to perfect their lives as social beings and also as worship. Marriage agreement is one of the basic forms of one's readiness to form a household. The marriage agreement is made by the bride and groom to achieve a harmonious relationship and avoid conflicts in the future. One form of marriage agreement that applies in Indonesia, among others, is related to Taklik Talak and also related to the arrangement of assets in marriage. Marriage agreements that exist in Indonesia are explained in Article 29 of Law Number 1 of 1974 in conjunction with Law Number 16 of 2019 concerning Marriage. Islam also emphasizes the rules for making a Marriage Agreement, as regulated in Articles 45 to 52 of the Compilation of Islamic Law. The method used in writing this research is the Normative Research Method.]]>
<![CDATA[Penegakan Hukum Terhadap Magic Mushroom ]]>
<![CDATA[Prasetia, I Gusti Ngurah Yudha]]>;
<![CDATA[Dewi, Anak Agung Sagung Laksmi]]>;
<![CDATA[Ujianti, Ni Made Puspasutari]]>
<![CDATA[ Jurnal Analogi Hukum 310-316 ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Warmadewa ]]>
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DOI: 10.22225/ah.3.3.2021.310-316
<![CDATA[Mushrooms that grow in animal waste or commonly called magic mushrooms / psilocybin mushrooms are mushrooms that contain an active substance called psilocybin which can create high levels of psychological hallucinatory effects when consumed. not many know that this mushroom is a narcotic class. From the background above, the formulation of the problem is 1. How is the legal arrangement regarding Magic Mushroom? 2. What are the legal consequences of increasing and enforcing the law on Magic Mushroom?. The method used is normative legal research. The results of the discussion on the regulation of Magic Mushroom are regulated in Law no. 35 of 2009 on Narcotics and Health Law no. 36 of 2009. Regarding the legal consequences of increasing Magic Mushrooms in Indonesia, it has a bad impact on individuals, families, nations and countries, therefore law enforcement is taken by the government by taking preventive measures regarding the dangers of consuming magic mushrooms and applying criminal sanctions for users and dealers. The author suggests that the government conducts socialization and counseling to the community, especially those who are still lacking technology about the dangers of Magic Mushrooms for consumption.]]>
<![CDATA[Pelaksanaan Ketentuan Hak Merek Sebagai Objek Jaminan Kredit Pada Bank Perkreditan Rakyat (BPR) di Kota Denpasar ]]>
<![CDATA[Novilina, Dewa Ayu Dita]]>;
<![CDATA[Budiartha, I Nyoman Putu]]>;
<![CDATA[Ujianti, Ni Made Puspasutari]]>
<![CDATA[ Jurnal Analogi Hukum 305-309 ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Warmadewa ]]>
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<![CDATA[A brand right is a type of intellectual property consisting of an unrecognizable sign which is regulated in Article 499 of the Civil Code. The study's concern in this thesis is how the regulation is implemented of brand rights as an object of credit collateral in Bank Perkreditan Rakyat? And how is the implementation of provisions on brand rights as an object of credit collateral in Bank Perkreditan Rakyat in Denpasar City? The research method in this thesis used an empirical legal research method. The factual approach in the field (interview) and legislation were employed in this study. The conclusion of this thesis is the usage of the trademark as a bank credit collateral is regulated in Law Number 20 of 2016 Concerning Marks and Geographical Indications Article 41 which stated that rights to registered marks may be transferred or transferred by agreement. The implementation of brand rights usage as an object of credit guarantee in Bank Perkreditan Rakyat has never happened in Denpasar city. This is caused by the brands that are difficult to predict in nominal and brand rights that are less marketable.]]>
