Articles
<![CDATA[Penegakan Hukum Bagi Pelaku Pencemaran di Sungai Badung Denpasar ]]>
<![CDATA[Darma, I Putu Satria Adhi]]>;
<![CDATA[Sugiartha, I Nyoman Gede]]>;
<![CDATA[Wirawan, Ketut Adi]]>
<![CDATA[ Jurnal Analogi Hukum 44-50 ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Warmadewa ]]>
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DOI: 10.22225/jah.6.1.2024.44-50
<![CDATA[There is so much accumulation of waste every day that this has the potential to increase as the population increases. Waste is a major problem seen from the development of population, so policies are needed to overcome this, one of which is the policy of managing households. The formulation of the problems in this study are How is law enforcement against the perpetrators of pollution in the Badung river Denpasar? What factors are the obstacles in law enforcement against pollution of the Badung Denpasar river basin? The research method used is empirical legal research with field data as the main data source, such as the results of interviews and observations. There is a need for cooperation between DLHK and village officials to carry out socialization to the community regarding the impact of garbage pollution due to garbage disposal, as well as the participation of traditional interpreters in terms of addressing issues about garbage by urging people not to directly throw their garbage into the river.]]>
<![CDATA[Sanksi Pidana Terhadap Pelaku Pencemaran Limbah Industri di Sungai ]]>
<![CDATA[Mahadewa, Kadek Agung Yudha]]>;
<![CDATA[Sugiartha, I Nyoman Gede]]>;
<![CDATA[Suwantara, I Putu]]>
<![CDATA[ Jurnal Analogi Hukum 111-120 ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Warmadewa ]]>
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DOI: 10.22225/jah.6.1.2024.111-120
<![CDATA[Environmental pollution is one of the factors of environmental damage. The development of environmental problems with inadequate law enforcement is becoming increasingly severe. Based on the background, the problem formulation is: What are the legal regulations regarding industrial waste pollution in rivers? What are the criminal sanctions for perpetrators of criminal acts of industrial waste pollution in rivers? The aim of the research is to regulate the law regarding industrial waste pollution in rivers. To find out criminal sanctions against perpetrators of criminal acts of industrial waste pollution in rivers. This thesis research uses normative juridical research methods, with a library approach. Sources of legal materials consist of primary, secondary and tertiary legal materials. The research results show that regulations regarding industrial waste pollution in rivers are regulated in the 1945 Constitution, UURI No. 4/1982 concerning the basic provisions of environmental management to UURI No. 23/1997 concerning environmental management, UURI No. 32/2009 concerning environmental protection and management, PP No. 22/2021 2021 Concerning the Implementation of Environmental Protection and Management. There are two types of sanctions against perpetrators of industrial waste pollution in rivers, namely criminal sanctions and administrative sanctions. UURI No. 32/2009 concerning Environmental Management and Protection provides administrative sanctions from Article 76 to Article 83 of the UUPPLH and criminal sanctions regulated in Chapter XV, namely from Article 97 to Article 120 of the UUPPLH. Sanctions against perpetrators of waste pollution who do not follow the regulations regarding B3 waste management are contained in article 102.]]>
<![CDATA[Tinjauan Yuridis Terhadap Tindak Pidana Korupsi Pada Bank NTT Cabang Surabaya: (Studi Putusan Pengadilan Negeri Kupang Nomor 19/Pid.Sus.Tpk/2021/Pn.Kupang) ]]>
<![CDATA[Agung, George Pascallyus Firman]]>;
<![CDATA[Sugiartha, I Nyoman Gede]]>;
<![CDATA[Widyantara, I Made Minggu]]>
<![CDATA[ Jurnal Analogi Hukum 172-178 ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Warmadewa ]]>
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DOI: 10.22225/jah.6.2.2024.172-178
<![CDATA[Corruption is an illegal act involving abuse of authority or trust in order to obtain personal or group benefits, to the detriment of the public interest. Bank NTT as one of the financial institutions has the potential to become a place where corruption crimes occur. The method used is case analysis which involves collecting data from various sources such as news, investigation reports, and related regulations. The results showed that criminal acts of corruption at Bank NTT Surabaya Branch can occur in various ways, such as embezzlement of customer funds, manipulation of financial data, or receipt of bribes from third parties.In overcoming criminal acts of corruption at Bank NTT Surabaya Branch, steps are needed to strengthen internal supervision and stricter law enforcement. Education and training on business ethics and anti-corruption should also be provided to all bank staff.]]>
<![CDATA[Perlindungan Hukum Terhadap Anak Dibawah Umur Sebagai Korban Prostitusi Online Melalui Aplikasi Michat Studi Kasus Putusan Nomor 563/PID.SUS/2023/PN.SRG ]]>
<![CDATA[Sugiartha, I Nyoman Gede]]>;
<![CDATA[Dwipayana, I Nyoman Gede Bayu Krisnantha]]>;
<![CDATA[Subamia, I Nyoman]]>
<![CDATA[ Jurnal Analogi Hukum 191-196 ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Warmadewa ]]>
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DOI: 10.22225/jah.6.2.2024.191-196
<![CDATA[Children are human beings who are under the age where they clearly do not deserve to be used as objects of deviant acts and other inhumane things. However, the facts on the ground show that child exploitation is still rampant in this country. Therefore, this study wants to discuss the legal protection arrangements for minors involved in online prostitution victims through the MiChat application and how the judge's consideration in the decision against minors as victims of online prostitution. The methods used in this research are statutory, case, and conceptual approaches as well as normative legal research. After the research runs, the results of the legal protection arrangements for prostitution of minors who are victims of online prostitution are contained in Article 66 No.35/2014 concerning Amendments to Law No. 23/2002 concerning Child Protection. The results of this study indicate that the judge's decision against the pimp decided the sentence based on Article 83 Jo Article 76 f of Indonesian Law No. 35/2014 concerning Amendments to Indonesian Law No. 23/2002 concerning Child Protection because he had trafficked minors who were victims of online prostitution.]]>
<![CDATA[PRAKTIK PENGOBATAN ALTERNATIF DALAM PERSPEKTIF HUKUM PERLINDUNGAN KONSUMEN DI INDONESIA ]]>
<![CDATA[Yani, Anak Agung Rai Gayatri Artha]]>;
<![CDATA[Sugiartha, I Nyoman Gede]]>;
<![CDATA[Dinar, I Gusti Agung Ayu Gita Pritayanti]]>
<![CDATA[ Jurnal Analogi Hukum 261-266 ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Warmadewa ]]>
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DOI: 10.22225/jah.6.3.2024.261-266
<![CDATA[The efforts of each community in maintaining health for themselves are very diverse. Generally, people use alternative medicine health services because of the relatively low cost, but there are still many business actors from alternative medicine who open practices arbitrarily without having a business license. This is because there are still not many regulations or standardization regulated in legislation regarding alternative medicine practices that harm consumers. The problem formulations in this study, namely: 1). How the regulation of alternative medicine practices in legal settings has positive effects in Indonesia; 2) How is the form of legal protection for consumers in alternative medicine practices in Indonesia. The method used in this research is the type of normative legal research with the type of statutory approach and conceptual approach. Through this research, it can be determined that the regulation of alternative medicine is contained in Law Number 36 of 2009 concerning Health. If consumers suffer losses due to the actions of business actors, they can be given protection through Law Number 8 of 1999 concerning Consumer Protection, which forms of protection are divided into preventive legal protection and repressive legal protection.]]>
<![CDATA[Tindakan Hukum Pelarangan Sopir Transportasi Online Dalam Menerima Penumpang oleh Taxi Lokal Dengan Kekerasan Fisik dan Verbal di Wilayah Hukum Polda Bali ]]>
<![CDATA[Wicaksana, Rai Bagus Cahyadi]]>;
<![CDATA[Sugiartha, I Nyoman Gede]]>;
<![CDATA[Suryani, Luh Putu]]>
<![CDATA[ Jurnal Analogi Hukum 376-381 ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Warmadewa ]]>
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DOI: 10.22225/jah.6.3.2024.376-381
<![CDATA[Public transport and transportation is very important to be able to realize transportation that meets the needs. Online transportation is a means of land transportation that is more efficient and effective. However, not everyone can accept the technological advances that occur. There are parties who refuse in terms of transportation; people feel rivaled by online ojek. The formulation of the problem in this study is 1) The impact of online transportation on local taxis 2) Criminal sanctions against local taxis who commit physical and verbal violence against online taxis. The research method uses empirical legal research. The results showed that the impact of online transportation on local taxis in Canggu is tight competition and difficulty getting passengers. In the provision of supporting facilities for transportation tourism, local residents have provided in each tourist area. Criminal sanctions against local taxis who commit physical and verbal violence against online taxis in their arrangements are not united in one special chapter, but are separated in certain chapters. In the Criminal Code, violent crimes can be classified as follows: Crimes against the life of another person Article 338- 350 of the Criminal Code.]]>
<![CDATA[Tinjauan Yuridis Genosida (Genocide) Dalam Perspektif Hak Asasi Manusia Berdasarkan Pengadilan Internasional ]]>
<![CDATA[Prapta, I Putu Rama Aditya]]>;
<![CDATA[Sugiartha, I Nyoman Gede]]>;
<![CDATA[Sutama, I Nyoman]]>
<![CDATA[ Jurnal Analogi Hukum 317-322 ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Warmadewa ]]>
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DOI: 10.22225/jah.6.3.2024.317-322
<![CDATA[Every human being is born with their own religion, ethnicity and culture. Violence in groups that want to eliminate other groups is called the crime of genocide. In connection with this, how is the regulation of genocide in human rights courts in an international perspective? and how is the settlement of genocide events in international courts? This research uses a normative research type. The regulation of genocide in international law has been regulated by the 1948 genocide convention in Article 2 and Article 3 and was first memorialized in the 1998 Rome Statute Article 6. the settlement of genocide uses peaceful settlement and forced settlement. Peaceful settlements, such as negotiations, mediation, conciliation overseen by the United Nations if the settlement does not work effectively then a forced settlement is carried out through an international court.]]>
<![CDATA[Efektivitas Persatuan Advokat Wanita Indonesia (Pawin) Dalam Pemberian Bantuan Hukum Terhadap Pelaku Tindak Pidana Perempuan ]]>
<![CDATA[Dewi, Ayu Prasetya]]>;
<![CDATA[Sugiartha, I Nyoman Gede]]>;
<![CDATA[Ujianti, Ni Made Puspasutari]]>
<![CDATA[ Jurnal Analogi Hukum 8-12 ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Warmadewa ]]>
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DOI: 10.22225/jah.7.1.2025.8-12
<![CDATA[The Indonesian Women's Advocates Affiliation (PAWIN) is an organization that exists to secure and secure the nobility of ladies by giving legitimate help to female offenders who cannot bear administrations (prodeo probono). The issue is,1) how compelling is the Indonesian Women's Advocates Affiliation (PAWIN) in giving lawful help to female hoodlums? And 2) what are the deterrents and endeavors of the Indonesian Women's Advocates Affiliation (PAWIN) in giving legitimate help to ladies who commit violations?The method used is empirical legal research. The purpose of this study is to analyze the effectiveness of the Indonesian Women's Protection Association (PAWIN) and analyze the obstacles and efforts faced by the Indonesian Women's Protection Association (PAWIN). The method used is the empirical law of experimentation with a sociological approach. The data sources used are primary data from news sources and secondary data from legal documents. The results of this study explain the effectiveness of the Indonesian Lawyers Association (PAWIN) in providing legal support as well as the obstacles and efforts of the Indonesian Women Lawyers Association (PAWIN) in providing legal support.]]>
<![CDATA[Penegakan Hukum Bagi Wna Yang Mengendarai Sepeda Motor Sewa Tanpa Sim Secara Ugal-Ugalan (Studi Kasus: Polsek Kuta Utara) ]]>
<![CDATA[Sugiartha, I Nyoman Gede]]>;
<![CDATA[Praminingrat, I Gusti Agung Istri Arinda]]>;
<![CDATA[Dewi, Anak Agung Sagung laksmi]]>
<![CDATA[ Jurnal Analogi Hukum 30-35 ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Warmadewa ]]>
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DOI: 10.22225/jah.7.1.2025.30-35
<![CDATA[Traffic is everything related to travel from one place to another, bound by the provisions of Law Number 22 of 2009 concerning Road Traffic and Transportation. As time goes by, tourism in Bali begins to reach its peak, resulting in more and more foreigners or foreign nationals visiting Bali for their own needs, many also rent motorbikes to get around Bali, but cases of foreigners riding motorbikes are increasing. . increase. careless. The formulation of the problem in this research is: 1) What factors cause foreigners to ride motorbikes recklessly on the highway? 2) What are the obstacles to law enforcement for foreigners who ride motorbikes carelessly on the highway? This research has general and specific objectives, and is equipped with research uses seen from theoretical and practical uses. This research uses empirical legal research methods. Based on the research results, it can be concluded that the factors causing reckless foreigners are: human factors, road facility factors, vehicle factors and natural condition factors. Then the obstacles to law enforcement for foreigners driving reckless motorbikes on the highway are internal enforcement from the police and external obstacles from the community.]]>
<![CDATA[Penegakan Hukum Terhadap Pengemudi Truk Yang Melanggar Rambu Larangan Melintas (Studi Kasus Di Jimbaran) ]]>
<![CDATA[Wiradana, I Made Gede]]>;
<![CDATA[Sugiartha, I Nyoman Gede]]>;
<![CDATA[Widyantara, I Made Minggu]]>
<![CDATA[ Jurnal Analogi Hukum 42-47 ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Warmadewa ]]>
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DOI: 10.22225/jah.7.1.2025.42-47
<![CDATA[Traffic accidents in Jimbaran gong cave by truck drivers who violated the no-crossing sign due to a lack of public awareness. The formulation of the problem in this study is 1) How is law enforcement against truck drivers who violate the prohibition sign in Jimbaran village, Bali? and 2) What are the legal remedies and obstacles faced by law enforcement officials against violations of no-passing signs by truck drivers in Jimbaran village, Bali? Empirical legal research methods and using a case problem approach. Empirical research method and using case problem approach. The results of the discussion Traffic law enforcement in Jimbaran, carried out with a preventive and repressive approach. Preventive efforts include setting, guarding, and patrolling traffic. Repressive adopted an educative approach and Restorative Justice for the peaceful settlement of the accident case. Interviews with police officers revealed serious violations especially by trucks causing fatal accidents. Despite the amicable settlement, criminal penalties still apply as per the Criminal Code (KUHP). The Jimbaran Traffic Unit has a role in law enforcement despite facing obstacles such as low public awareness, lack of facilities, and internal factors. Awareness-raising efforts and inter-agency cooperation are expected to improve traffic law enforcement in Jimbaran, Bali.]]>
