Articles
<![CDATA[Perlindungan Hukum Terhadap Investor Akibat Praktik Manipulasi Dalam Pasar Modal ]]>
<![CDATA[Dewi, Ida Ayu Cintiya Kencana]]>;
<![CDATA[Budiartha, I Nyoman Putu]]>;
<![CDATA[Ujianti, Ni Made Puspasutari]]>
<![CDATA[ Jurnal Analogi Hukum 288-293 ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Warmadewa ]]>
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DOI: 10.22225/ah.3.3.2021.288-293
<![CDATA[The existence of manipulation practices in the capital market that harm investors are an event that requires legal protection. Investors and the public need to know more about market manipulation in the capital market. Market manipulation is one of the capital market's most heinous crimes. The subject addressed in this thesis is how to govern capital market manipulation tactics for investors. Furthermore, what legal protection does an investor have in the event of stock market manipulation? The research utilized is normative legal research, which looks at written legislation from a variety of perspectives but does not look at how it is applied or implemented. With normative legal research types, to collect legal sources, the authors undertake research using materials in the form of primary, secondary, and tertiary legal materials. This study concludes that market manipulation is an activity carried out to create a false picture of trading activities and prices in the stock exchange. This activity is usually carried out by individuals in the capital market who aim to influence stock prices and disseminate incomplete information. Preventive and repressive legal protection are two options for legal protection. While in repressive legal protection, meaning litigation, non-litigation, and sanctions, preventive legal protection is carried out by giving public education and oversight by the OJK on transactions.]]>
<![CDATA[Pencantuman Klausul Arbitrase dalam Pengikatan Jual Beli Tanah ]]>
<![CDATA[Ganandhika, Anak Agung Bagus Ryan]]>;
<![CDATA[Budiartha, I Nyoman Putu]]>;
<![CDATA[Ujianti, Ni Made Puspasutari]]>
<![CDATA[ Jurnal Analogi Hukum 109-113 ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Warmadewa ]]>
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DOI: 10.22225/ah.4.1.2022.109-113
<![CDATA[Arbitration is the settlement of civil disputes outside the court that bases arbitration clauses made in writing by the parties to the dispute. Arbitration clauses may be construed as individual provisions of an agreement on dispute resolution through arbitration. In resolving arbitration disputes requires the existence of arbitrators, the arbitrator is a private judge for the parties selected based on mutual agreement to resolve the dispute between them. The arbitrator who wishes to give a verdict fairly, honestly, and in accordance with the applicable provisions. The formulation of the issue discussed is how is the legal power against the phrase arbitration clause in the land buying and selling agreement ? and how is the mechanism of resolving land buying and selling disputes through arbitration ?. Research used using normative research types. Law No. 30 of 1999 on Arbitration and Alternative Dispute Resolution, dated August 12, 1999 which is intended to change the rules regarding arbitration institutions that are not in place with future developments. The establishment of a comprehensive arbitration clause is to pour out all the main elements contained in Law No. 30 of 1999 on Arbitration and Alternative Dispute Resolution.]]>
<![CDATA[Akibat Hukum Peredaran Informasi yang Tidak Sesuai Pada Kemasan Produk Makanan ]]>
<![CDATA[Sena, Putu Gede Prema]]>;
<![CDATA[Dewi, Anak Agung Sagung Laksmi]]>;
<![CDATA[Ujianti, Ni Made Puspasutari]]>
<![CDATA[ Jurnal Analogi Hukum 151-155 ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Warmadewa ]]>
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DOI: 10.22225/ah.4.2.2022.151-155
<![CDATA[Lately, there is information on food packaging that has been widely spread among the public that does not match or is incorrect the information contained on the packaging of food products. In this study there are two formulations of the problem, namely how to enforce criminal law for perpetrators and legal protection for consumers against the circulation of products that do not match the information on packaging. This thesis uses normative legal research with a statutory approach, a conceptual approach, and a case approach. The results of this discussion explain that business actors who distribute products that do not comply with packaging information may be subject to criminal law contained in Article 19 paragraph 4 and Article 62 UUPK, and also explains legal protection for consumers which is divided into two, namely legal protection. Preventive measures that focus on prevention efforts, one of which is providing a legal umbrella for consumers and are repressive in the form of enforcement efforts such as giving sanctions to perpetrators. This study is that there should be countermeasures from the government in the form of inspections and also the community as consumers must be critical and careful about the food products they buy.]]>
<![CDATA[Perjanjian Kerja Sama Program Gerakan Sekolah Menulis Buku Nasional ]]>
<![CDATA[Putra, I Wayan Yudi Antara]]>;
<![CDATA[Budiartha, I Nyoman Putu]]>;
<![CDATA[Ujianti, Ni Made Puspasutari]]>
<![CDATA[ Jurnal Analogi Hukum 209-214 ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Warmadewa ]]>
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DOI: 10.22225/ah.4.2.2022.209-214
<![CDATA[In the implementation of economic development, the economy has an important role and importance as a supporting factor for the success of national development, and maintaining cooperation in efforts to expand the scale of economic development is the most important asset. With the background of the above problems, some questions can be considered as follows: Characteristics of a Cooperation Agreement How the school movement program wrote a national book between PT Nyala Masa Depan Indonesia and SMP Negeri 1 Denpasar, and what if there was a Cooperation Agreement between PT Nyala Masa Depan Indonesia and SMP Negeri 1 Denpasar A school movement program has been established to write books nationally. The method used is a normative legal search using primary and secondary legal sources. The results of this survey state: The characteristics of the cooperation agreement between PTs. Indonesian Future Light and SMP Negeri 1 Denpasar use a standard agreement. The contract model is in the form of a written contract. The failure of the cooperation agreement between PT. Nyala Masa Depan and SMP Negeri 1 Denpasar are carried out through non-procedural processes and processes. Of the two options exercised by the disputing parties, there is non-jurisdiction (arbitration).]]>
<![CDATA[Penerapan Hukum Pidana Pada Korporasi yang Melakukan Tindak Pidana Perpajakan ]]>
<![CDATA[Rohi, Glenn Merciano Eben]]>;
<![CDATA[Sugiartha, I Nyoman Gede]]>;
<![CDATA[Ujianti, Ni Made Puspasutari]]>
<![CDATA[ Jurnal Analogi Hukum 226-231 ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Warmadewa ]]>
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DOI: 10.22225/ah.4.3.2022.226-231
<![CDATA[The implementation of national development as a major project certainly requires not only the active participation of the entire nation, but also requires significant costs. The costs incurred to carry out development are not only borne by the state. Relying on aid or grants from abroad will cause the burden of economic dependence which has an impact that foreign countries with stronger economic powers will dictate the life of the Indonesian nation. Realizing this, one of the dominant sectors as a source of state revenue is the tax sector. In Articles 38 to 39A of the KUP Law, none of these articles include sanctions for corporations, although corporations can act as taxpayers, none of these articles explicitly states who is responsible for criminal violations in the tax and tax sector. what form of crime is appropriate to be imposed on corporations that commit tax crimes. Criminal law in an effort to overcome crime in the field of taxation is to create integration in the criminal law policies that are applied, the impact of which will not make it difficult for law enforcement officers to apply them in tax legislation. The imperative element contained in the taxation legislation, would like to include a principle that the use of criminal sanctions should still pay attention to the principle of subsidiarity.]]>
<![CDATA[Kajian Yuridis Waralaba Dalam Persfektif Hak Kekayaan Intelektual ]]>
<![CDATA[Putra, I Kadek Agus Arnawa Pariwesa]]>;
<![CDATA[Budiartha, I Nyoman Putu]]>;
<![CDATA[Ujianti, Ni Made Puspasutari]]>
<![CDATA[ Jurnal Analogi Hukum 305-310 ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Warmadewa ]]>
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DOI: 10.22225/ah.4.3.2022.305-310
<![CDATA[Along with the development of the era of globalization, it also has an impact on the development of business concepts. One of them is the franchise system, which has recently become the center of attention as a form of business development breakthrough. The formulation of the problem is: how is the validity and legal force of the franchise agreement? And how are the legal consequences of franchise agreements related to IPR? The type of research is normative legal research and a statutory and conceptual approach to problems. The validity and legal force of the franchise agreement where the Civil Code adheres to the principle of consensualism, meaning that an agreement must be considered born at the time of reaching an agreement between the two parties. The franchise agreement begins to bind the parties and acts as law for those who make it, starting from the date the parties' agreement is reached and the agreement they make has the same legal force. The legal consequence of a franchise agreement related to IPR is the signing of a franchise agreement that has regulated IPR in it, the franchisor is obliged to give exclusive rights to the franchisee, and the franchisee can use the name and management system of the franchisor in a location, for an agreed period of time. The franchisor is obliged to maintain the benefits of the intellectual property rights and pay fees to the franchisor for the benefits of the intellectual property rights used. In the event that one of the parties in the agreement does not implement it, the other party in the agreement has the right to impose its implementation through the applicable legal mechanisms and channels. And if the consumer is not satisfied with the results, they can file a complaint with the franchisor.]]>
<![CDATA[Pelaksanaan Jual Beli Bahan Bakar Minyak Melalui Pertamini di Kecamatan Denpasar Utara ]]>
<![CDATA[Putri, Putu Angelita]]>;
<![CDATA[Budiartha, I Nyoman Putu]]>;
<![CDATA[Ujianti, Ni Made Puspasutari]]>
<![CDATA[ Jurnal Analogi Hukum 1-6 ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Warmadewa ]]>
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DOI: 10.22225/jah.6.1.2024.1-6
<![CDATA[Nowadays, people have created creative ideas resembling the machinery at PT Pertamina to make profits with the uneven distribution of fuel oil by creating Pertamini. Pertamini traders are unlicensed traders who prey on unsuspecting customers by selling substandard fuel at inflated prices. This is very contrary to consumer rights. The problems are, How the factors that cause consumers to prefer Pertamini in North Denpasar Subdistrict? and How is the responsibility of fuel oil traders through Pertamini for consumers who are harmed in North Denpasar Subdistrict? This research uses empirical methods with sociological, conceptual and statutory approaches. The research location was carried out in North Denpasar District. Related data collected in this study using primary data and secondary data. Therefore, the researcher concludes that the factors that cause consumers to choose to fill fuel oil in Pertamini are in addition to consumers following the latest technological trends, as well as the advantages of Pertamini, including faster and more practical use. Then, consumers who are disadvantaged regarding the price given through Pertamini are more expensive and the dose given is not in accordance with what should be obtained. Therefore, pertamini traders can be held accountable for the losses suffered by the consumers themselves.]]>
<![CDATA[Perlindungan Konsumen Akibat Maraknya Pembangunan Toko Swalayan di Kabupaten Gianyar ]]>
<![CDATA[Nawangsari, Ni Made Isadhanti]]>;
<![CDATA[Mahendrawati, Ni Luh Made]]>;
<![CDATA[Ujianti, Ni Made Puspasutari]]>
<![CDATA[ Jurnal Analogi Hukum 7-13 ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Warmadewa ]]>
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DOI: 10.22225/jah.6.1.2024.7-13
<![CDATA[The rise of the construction of supermarkets in Gianyar Regency causes the competitiveness of business actors to be increasingly fierce and the community as consumers who are not sensitive to their own rights, the position of consumers is getting weaker than business actors. The formulation of this research problem includes: What is the form of legal protection for consumers who make transactions at convenience stores in Gianyar Regency? and What are the legal consequences for convenience store businesses that violate consumer rights? This study is carried out using empirical legal research methodology, which involves investigating how the application of law in society and seeing the law in its practical application. The results of this study explain that consumers receive direct legal protection fromConsumer Protection Act. Consumers who are harmed by the convenience store in the form of damage or goods that have expired are held accountable in the form of direct compensation by the convenience store.]]>
<![CDATA[Pertanggung Jawaban Pidana Terhadap Pemberi dan Penerima Suap yang Dilakukan Oknum Pemerintah di Kabupaten Tabanan ]]>
<![CDATA[Gunawan, I Kadek Faiza Putra]]>;
<![CDATA[Dewi, Anak Agung Sagung Laksmi]]>;
<![CDATA[Ujianti, Ni Made Puspasutari]]>
<![CDATA[ Jurnal Analogi Hukum 87-91 ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Warmadewa ]]>
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DOI: 10.22225/jah.6.1.2024.87-91
<![CDATA[Acts of corruption often drag people who work in government agencies. KPK records show that corruption in the scope of agencies occurred in districts / cities as many as 409 problems in the period 2004-2020. the formulation of this research problem is: How is the Bribery Arrangement that occurs in the tabanan government. Criminal responsibility for the giver and receiver of bribes in the government environment in tabanan district discussing this problem, using Normative legal research. The regulation of bribery or every problem of corruption criminal activity must be processed by the court according to the existing provisions. Settlement is applied proactively based on existing laws and regulations and government authority. Each process of handling the problem must be carried out to check its progress. the Denpasar District Court's decision No. Case 16 //Pid. Sus-TPK//2020//PN, decided that the Defendant NI PUTU EKA WIRYASTUTI had been proven clearly and convincingly guilty of committing "the crime of corruption jointly and continuously".]]>
<![CDATA[Perlindungan Hukum Bagi Konsumen Dalam Pengembalian Uang Yang Berbentuk Donasi Pada Minimarket ]]>
<![CDATA[Putri, Anak Agung Ayu Desy Nadhira]]>;
<![CDATA[Dewi, Anak Agung Sagung Laksmi]]>;
<![CDATA[Ujianti, Ni Made Puspasutari]]>
<![CDATA[ Jurnal Analogi Hukum 142-147 ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Warmadewa ]]>
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DOI: 10.22225/jah.6.2.2024.142-147
<![CDATA[The practice of diverting customers' change to donations in minimarkets is an important issue in the context of consumer protection. The concept of the rule of law suggests that diverting consumers' money to donations violates legal principles. This research identifies two main problems: 1) Consumer protection arrangements related to donation refunds in minimarkets; 2) Forms of legal protection for consumers whose change is diverted into donations at minimarkets. The research method uses a normative legal approach with a focus on legislation and concepts. The results show that this practice violates the Consumer Protection Law, and is not in accordance with the Currency Law and Bank Indonesia Law. Consumers are entitled to a refund in the form of rupiah, in accordance with payments that exceed the selling value of goods or services. If consumers suffer losses, the Consumer Protection Law provides protection both preventively and repressively.]]>
