Articles
<![CDATA[Pelaksanaan Kewenangan Kejaksaan Negeri Denpasar dalam Penuntutan Tindak Pidana Narkotika oleh Anak ]]>
<![CDATA[Dewi, Komang Ayu Sintia]]>;
<![CDATA[Budiartha, I Nyoman Putu]]>;
<![CDATA[Sugiartha, I Nyoman Gede]]>
<![CDATA[ Jurnal Analogi Hukum 283-287 ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Warmadewa ]]>
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DOI: 10.22225/ah.2.3.2020.283-287
<![CDATA[Abstract—Independent state power, especially the implementation of authority and duties in the field of prosecution is the duty of the Prosecutor as a government institution whose provisions are in accordance with Article 30 of the Republic of Indonesia Prosecutor's Law Number 16 of 2014. Handling of child crimes in conflict with the law regulated in the Criminal Justice System and different from adults are seen in quantity and quality in carrying out acts against the law, for example narcotics abuse. The formulation of the problem (1) how is the implementation of the authority of the Denpasar District Attorney in prosecuting child narcotics crimes? (2) what are the inhibiting factors for prosecuting children who commit criminal acts of narcotics at the Denpasar District Attorney's Office? The method used in this study is an empirical legal method. The results showed that it was synchronized between the regulations governing the prosecutor's authority in prosecution with the implementation of the prosecutor's authority in the Denpasar District Prosecutor's Office and the inhibiting factors of the Denpasar District Prosecutor's authority in prosecuting child narcotics crimes, namely infrastructure and facilities, awareness of the community and child in question. The countermeasures carried out by the Denpasar District Prosecutor's Office include the Greeting Prosecutor Program, School Entrance Prosecutors and the Wayan Adhyaksa application.]]>
<![CDATA[Pemanfaatan Tanah Pekarangan Desa di Desa Adat Gelgel Kabupaten Klungkung ]]>
<![CDATA[Widjaya, Nyoman Andi]]>;
<![CDATA[Sugiartha, I Nyoman Gede]]>;
<![CDATA[Sudibya, Diah Gayatri]]>
<![CDATA[ Jurnal Analogi Hukum 165-169 ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Warmadewa ]]>
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DOI: 10.22225/ah.3.2.2021.165-169
<![CDATA[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.]]>
<![CDATA[Pertanggungjawaban Terhadap Tindak Pidana Penyelundupan Sepeda Motor Harley oleh Direktur PT. Garuda Indonesia ]]>
<![CDATA[Adhi, I Dewa Gede Pramana]]>;
<![CDATA[Sugiartha, I Nyoman Gede]]>;
<![CDATA[Widiantara, Made Minggu]]>
<![CDATA[ Jurnal Analogi Hukum 240-244 ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Warmadewa ]]>
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DOI: 10.22225/ah.3.2.2021.240-244
<![CDATA[Indonesia is a developing country where each region has its own natural wealth. This advantage cannot be utilized because of the number of people who send out of the area without permission and vice versa goods from outside countries smuggled into Indonesi a only to avoid the applicable taxes. 1) What is the regulation of smuggling crimes in indonesian criminal law? 2) What is the accountability of the director of PT. Garuda Indonesia who carried out the act of smuggling luxury motorcycles? This research is a type of normative law research conducted by a research method of reviewing based on legal materials, while the problem approach used is the approach of legislation - legislation and conceptual. A bad example was again shown by one of the people who have a big name in Indonesia smuggling case by garuda Indonesia dirut become a picture of how weak the law in Indonesia and this incident makes the perpetrator can be criminal and administrative sanctions.]]>
<![CDATA[Sanksi Pidana Terhadap Penimbunan Masker Medis dan Hand Sanitizer Pada Masa Pandemi Covid-19 ]]>
<![CDATA[Triyana, I Gede Aditya]]>;
<![CDATA[Sugiartha, I Nyoman Gede]]>;
<![CDATA[Karma, Ni Made Sukaryati]]>
<![CDATA[ Jurnal Analogi Hukum 195-200 ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Warmadewa ]]>
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DOI: 10.22225/ah.3.2.2021.195-200
<![CDATA[Regarding the protection of residents in the Covid-19 pandemic, for example, at this time, namely the hoarding of masks and hand sanitizers by business people, anomalies about the scarcity of goods create conditions where the government and all apparatus jointly examine the causes of the Hoarding of goods. Which resulted in the availability of it being scarce and the price soaring high. From the background, conflicts can be formulated, namely: 1. How do the arrangements for the hoarding of goods occur when goods are scarce according to Law no. 7 of 2014 during the Covid-19 pandemic? 2. What is the criminal sanction for the perpetrators of hoarding medical masks and hand sanitizers in Law No. 7 of 2014 during the covid-19 pandemic? Normative legal research is employed in this study. This research explains that the crime of hoarding and multiplying the prices of masks and hand sanitizers is regulated in Law Number 7 of 2014 concerning Trade. The criminal sanctions given are in Article 107 of Law Number 7 of 2014 concerning Trafficking.]]>
<![CDATA[Analisis Tentang Pencemaran Nama Baik dan Penyalahgunaan Hak Kebebasan Berpendapat di Media Sosial ]]>
<![CDATA[Jayananda, I Made Vidi]]>;
<![CDATA[Sugiartha, I Nyoman Gede]]>;
<![CDATA[Widiantara, Made Minggu]]>
<![CDATA[ Jurnal Analogi Hukum 261-265 ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Warmadewa ]]>
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DOI: 10.22225/ah.3.2.2021.261-265
<![CDATA[Freedom of opinion, especially in social media, is currently widely misinterpreted and abused by the community, because in the use of the right to freedom of opinion, the community has taken many actions which fall into insult, accusations without evidence and commit defamation which cause harm to certain individuals. The problems in this research are How are criminal law regulations and violations of the abuse of the right to freedom of expression in social media and how criminal sanctions against criminal acts of defamation are under the guise of freedom of opinion. The research method used is normative legal research. Source of primary and secondary legal materials. This research concludes that freedom of opinion is not absolute freedom, but in opinion must be in accordance with ethics and norms in society and in accordance with legal regulations without harming any party.]]>
<![CDATA[Pengaturan Hukum Pidana Pelaku Penggelapan Jual Beli Online ]]>
<![CDATA[Putra, I Gusti Ngurah Agung Bagus Bima]]>;
<![CDATA[Sugiartha, I Nyoman Gede]]>;
<![CDATA[Dewi, Anak Agung Sagung Laksmi]]>
<![CDATA[ Jurnal Analogi Hukum 322-327 ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Warmadewa ]]>
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DOI: 10.22225/ah.3.3.2021.322-327
<![CDATA[Today in the world of electronic transactions many are found deviant actions, and not based on existing legal norms, most of which occur in online buying and selling systems. Buying and selling is online buying and selling sometimes based only on trust which means the buying and selling actor is sometimes unclear, therefore many prefer COD or Cash On Delivery and or payment at the place of delivery of goods. Be careful in making payments via transfer, first research the reputation of the seller who offers goods in accordance with the posted, check the existence of the seller's offline store or the seller's business license. There is also a problem formulation (1) How is the legal arrangement regarding the actions that have been done by business actors against consumers on online buying and selling sites? (2) What criminal sanctions are imposed on perpetrators of embezzlement crimes on online buying and selling sites? This research uses normative methods because there are still vague norms, based on the opinion of legal experts. If a person has fulfilled all the elements of the crime of embezzlement, then he can be called a perpetrator.]]>
<![CDATA[Perlindungan Hukum Terhadap Anak Korban Tindak Pidana Kekerasan (Child Abuse) di Indonesia ]]>
<![CDATA[Karang , I Gusti Ngurah Agung Bija]]>;
<![CDATA[Sugiartha, I Nyoman Gede]]>;
<![CDATA[Suryani, Luh Putu]]>
<![CDATA[ Jurnal Analogi Hukum 350-354 ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Warmadewa ]]>
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DOI: 10.22225/ah.3.3.2021.350-354
<![CDATA[Violence against children that occurs in Indonesia a lot occurs because of the lack of awareness of parents or child caretakers towards the protection of children. Violence that often occurs includes physical, emotional, sexual and neglect of children, which is included in the violence of the criminal act of child abuse. The need for the application of a legal basis for acts of violence against children child abuse in Indonesia to prevent the development of such cases. So with that, the formulation of the problem in this study is how the legal arrangements for perpetrators of criminal acts of violence against child abuse in Indonesia are and how is the process of criminal sanctions against perpetrators of child abuse. The research methodology used is normative law. The results of this study describe that acts of child abuse in Indonesia can be protected through the legal basis of Law Number 35 of 2014 concerning Child Protection which has criminal sanctions on the perpetrators which are regulated in Article 80.]]>
<![CDATA[Pertanggungjawaban Pidana Pecandu dan Penyalah Guna Narkotika Berdasarkan Golongan ]]>
<![CDATA[Wisantya, Khresna]]>;
<![CDATA[Sugiartha, I Nyoman Gede]]>;
<![CDATA[Dewi, Anak Agung Sagung Laksmi]]>
<![CDATA[ Jurnal Analogi Hukum 338-343 ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Warmadewa ]]>
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DOI: 10.22225/ah.3.3.2021.338-343
<![CDATA[The number of narcotics crimes is growing rapidly throughout Indonesia, these crimes are not only committed by Indonesian citizens but also committed by foreigners. That means international syndicates have made Indonesia not only as translit or circulation only but as a hotbed of international narcotics production. Narcotics crimes will affect the whole family, damaging the order and manners that once existed. In this case, narcotics abuse in Indonesia can result in a decrease in the quality of human resources owned by the community, especially in the country of Indonesia, in addition, it can also cause a loss to the country's finances. There are no problems (1) How is the arrangement of criminal sanctions against the narcotics of the drug group I until group III? (2) How is the EAS against narcotic abuse addicts that can be applied to group I until group III when reviewed from article 54 law number. 35 Years 2009? This research uses the normative method because there is still a vague norm, by being sourced to the opinion of the law scholars and the law. The positive law of narcotic criminal acts currently adheres to the double track system that judges can break abusers narcotics to be sentenced to prison and can also be placed in rehabilitation areas.]]>
<![CDATA[Restorative Justice dalam Tindak Pidana Narkotika pada Anak ]]>
<![CDATA[Muliawan, I Komang Agus]]>;
<![CDATA[Sugiartha, I Nyoman Gede]]>;
<![CDATA[Dinar, I Gusti Ayu Gita Pritayanti]]>
<![CDATA[ Jurnal Analogi Hukum 66-70 ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Warmadewa ]]>
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DOI: 10.22225/ah.4.1.2022.66-70
<![CDATA[In considering the Juvenile Justice System Act No. 11 of 2012, keep in mind that children are the mandate and gift of Almighty God and have the dignity and value of humanity as a whole. Clarifying the problem in the study is an effort to apply restorative justice to the treatment and resolution of drug-related crimes, and to resolve the distractions of drug-related crimes in children. Restorative justice in the treatment and resolution of drug crimes committed by children and efforts to solve problems related to the use of diversion tactics in child drug crimes. The survey method used is a normative survey. The conclusion of the investigation is that the restorative justice approach generally does not work optimally in accordance with the provisions of Law No. 11 of 2012 on the juvenile justice system.]]>
<![CDATA[Cyber Troop (Pasukan Dunia Maya) Sebagai Upaya Penanggulangan Pencemaran Nama Baik di Dunia Cyber (Studi Kasus di Polda Bali) ]]>
<![CDATA[Saputra , Muhammad Alfian Dwi]]>;
<![CDATA[Sugiartha, I Nyoman Gede]]>;
<![CDATA[Wirawan, Ketut Adi]]>
<![CDATA[ Jurnal Analogi Hukum 88-92 ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Warmadewa ]]>
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DOI: 10.22225/ah.4.1.2022.88-92
<![CDATA[According to technological developments, there are as many facilities available specifically in cyberspace. This technology development also tends to provide the chance of criminals, specifically crimes in cyberspace. The focus of this thesis research is to examine the definition and elements of a criminal act, the role of cyber troop in criminal acts, inhibiting factors and efforts to resolve the defamation of cyber troop carried out by the Bali Police. The method applied for the research is kind of the type of empirical juridical legal research or kind of research which tends to help examining the applicable legal provisions and also thing occurs in real way of society or kind of research that was done in actual situations of the society, the purpose is to find kind of facts which are used to be the evidence. Research data is getting analyzed in order to help identify the problems that led to problem solving. Empirical juridical research here applies a kind of statutory approach. The object is a case of defamation. The research data were collected using observation, interviews, and documentation methods and summarized using sentences that are easy to understand.]]>
