Articles
Pengenaan Pajak Pada Perjanjian Pengikatan Jual Beli Hak Atas Tanah
Nadia Githa Wijaya;
I PT. GD. Seputra;
Luh Putu Suryani
Jurnal Analogi Hukum Vol. 3 No. 1 (2021): Jurnal Analogi Hukum
Publisher : Fakultas Hukum Universitas Warmadewa
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DOI: 10.22225/ah.3.1.2021.6-10
Buying and selling is an deal between the parties about paying a certain price of an item, with the aim of transferring ownership rights. in achieving legal certainty in the sale and purchase of land rights, the parties are bound by an agreement based on an agreement made before a notary. Considering Government Ordinance Number 24 of 1997 concerning Land Registration, the transfer of rights to land only arises after the issuance of a sale and purchase deed by the Land Deed Official, then vague norm arises related imposition of tax in the binding agreement on the sale and purchase of land rights. The formulation of the problem: 1. What is the process of binding agreement on the sale and purchase of land rights related to imposition of tax? 2. What is the form of tax imposition in the agreement to buy and sell rights to land? The research method used was Normative/Literature. Binding agreement on the sale and purchase of land rights is a pre-agreement made because it relates to the imposition of tax in the case of a transfer of rights to land that must be paid in advance to order carry out transactions in the Land Deed Official. The tax imposed in the binding agreement on the sale and purchase of land rights is the income tax for the seller and the Cost of Acquiring Land and/or Building Rights for the buyer.
Penegakan Hukum Pidana Terhadap Penyelundupan Hewan Satwa
I Gusti Ngurah Made Suradnya;
Anak Agung Sagung Laksmi Dewi;
Luh Putu Suryani
Jurnal Analogi Hukum Vol. 3 No. 2 (2021): Jurnal Analogi Hukum
Publisher : Fakultas Hukum Universitas Warmadewa
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DOI: 10.22225/ah.3.2.2021.161-164
Animals that must be protected where it gets protected by the government. Which in this case makes the public should not take actions that are not following the rules set by the government in this case against protected animals. If seen in article 1 number 1 law No. 5 of 1990 on Conservation of Natural Resources mentioned that individual animals are animals that grow and live on land, air, and water that have different wild properties, even those maintained by humans or live in the wild. The formulation in this study is as follows how is the legal regulation of animal smuggling and how are criminal sanctions against animal smuggling. The method used is a method of normative legal research. It is expected that the government and the people of Indonesia, in particular, to be willing to participate in protecting and eradicating people in terms of hunting protected wild animals, where it aims to keep rare animals around us sustainable
Karakteristik Perjanjian Jual Beli Tanah yang Belum Terdaftar Hak Atas Tanah
I Gusti Bagus Andika Bagaskara;
I Ketut Kasta Arya Wijaya;
Luh Putu Suryani
Jurnal Analogi Hukum Vol. 3 No. 2 (2021): Jurnal Analogi Hukum
Publisher : Fakultas Hukum Universitas Warmadewa
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DOI: 10.22225/ah.3.2.2021.256-260
Government Regulation Number 24 of 1997 concerning Land Registration, the Government requires all of the land to register their land with the competent authority, but in society there are still lands that have not registered the phenomenon, so to ensure legal certainty for all overland. Then land that has not been registered must be registered. From the aspect of legal and procedural risks, it will be different from registered lands if the transfer of land rights is carried out. There are two problem formulations discussed in this paper 1. What are the characteristics of the sale and purchase agreement whose land has not been registered? 2. What is the legal certainty for the sale and purchase agreement of land rights that have not been registered? In writing this thesis using normative legal research, normative legal research requires legal materials including primary legal materials and secondary legal materials. The results from the study can be argued that the legal risk aspect is more prone to occur compared to land that has been registered, then from the procedural aspect are different from land that has been registered where the land was not registered requires precision so as not to cause legal problems.
Kekuatan Hukum Jual Beli Hak Atas Tanah yang Belum Bersertifikat
Dewa Ayu Mareyta Astri;
Anak Agung Sagung Laksmi Dewi;
Luh Putu Suryani
Jurnal Analogi Hukum Vol. 3 No. 3 (2021): Jurnal Analogi Hukum
Publisher : Fakultas Hukum Universitas Warmadewa
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DOI: 10.22225/ah.3.3.2021.405-410
Transfer is a legal act that is intentionally carried out with the aim of transferring land rights from the transferor to receiving the transfer. The formulation of the problem in this study are: 1) What is the mechanism for buying and selling land rights that have not been certified through PPAT? 2) What is the legal force of the deed of sale and purchase of uncertified land rights? Based on the results of the study, it can be concluded that people who sell land that they have sold only have pipil through the PPAT land agency because it is not owned by the state and the mechanism for buying and selling land rights is directed to containing parcels, namely a certificate obtained at PPAT. The legal force of the transfer of land rights by buying and selling on land that has not been legally certified as a sale and purchase of land rights because it has fulfilled the terms of sale and purchase. Generally, what often happens in land transfers that have not been certified by PPAT is passive or in this case only paying attention to written statements from the parties without confirming the truth of the data.
Sinergitas Desa Dinas dengan Desa Adat dalam Penanganan Pandemi Covid-19 di Desa Tibubeneng, Kecamatan Kuta Utara, Kabupaten Badung.
Ni Made Melly Deni Kiara Putri;
Anak Agung Sagung Laksmi Dewi;
Luh Putu Suryani
Jurnal Analogi Hukum Vol. 3 No. 3 (2021): Jurnal Analogi Hukum
Publisher : Fakultas Hukum Universitas Warmadewa
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DOI: 10.22225/ah.3.3.2021.398-404
All parties in Bali play a role in preventing the Covid-19 pandemic, Traditional Villages and Service Villages are the spearhead of the government system in Bali. The formulation of the problems in this study is 1) How is the synergy of Service Village and Traditional Village to accelerate the handling of the Covid-19 pandemic in Tibubeneng Village, North Kuta Subdistrict, Badung Regency? 2) How are the obstacles of Service Village and Traditional Village to accelerate the handling of the Covid-19 pandemic in Tibubeneng Village, North Kuta Subdistrict, Badung Regency? The research method used in this study is empirical legal research with an approach to the problem using a fact approach and a sociological approach. Synergy Service Village and Traditional Village in Tibubeneng Village to the handling of Covid-19 can be seen in the regulation which is passed down by the regional government. The results indicated Synergy Service Village and Traditional Village in the Tibubeneng Village were going well, but there were still obstacles. Sanctions for traditional karma and karma tamiu that violate the appeal from the traditional village listed in the pararem must continue to be executed further.
Pertanggungjawaban Pidana Terhadap Pelaku Pada Kegiatan Bantuan Sosial Covid 19
Darson Lokbere;
A. A. Sagung Laksmi Dewi;
Luh Putu Suryani
Jurnal Analogi Hukum Vol. 3 No. 3 (2021): Jurnal Analogi Hukum
Publisher : Fakultas Hukum Universitas Warmadewa
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DOI: 10.22225/ah.3.3.2021.300-304
The coronavirus-19 outbreak that has rapidly infected humans and spread globally has become a health issue that breeds concern and chaos. In everyday life today there are many injustices that are continuously present in society. The lack of compliance with the law, weak knowledge of the community, and individualistic behavior and stupid times in society make the owners of power arbitrary towards its people. Problem formulation (1) What is the arrangement for the implementation of bansos COVID 19? (2) How is criminal liability for the perpetrators of the implementation of bansos COVID 19? To address the impact of the Covid-19 pandemic, the government issued various policies that allow government officials to make extraordinary measures in emergencies, but did not rule out the possibility that ownership of such authority would pose a great risk to governments and state officials and to the emergence of stowaways who take advantage of this pandemic situation.
Penerapan Denda oleh Pemerintah Kabupaten Gianyar Kepada Masyarakat Pelanggar Protokol Kesehatan Selama Masa Pandemi Covid-19
A.A. Tri Padmawati;
Ida Ayu Putu Widiati;
Luh Putu Suryani
Jurnal Analogi Hukum Vol. 3 No. 3 (2021): Jurnal Analogi Hukum
Publisher : Fakultas Hukum Universitas Warmadewa
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DOI: 10.22225/ah.3.3.2021.376-381
Covid-19 is a dangerous epidemic that attacks the entire community with the rapid transmission. Health protocols are mandatory for all parties to carry out safe activities during the Covid-19 pandemic. Such as Gianyar Regent Regulation No. 56 of 2020 which discusses health protocols. Problems in this study are: (1) How is the regulation of the imposition of fines on people who violate health protocols during the Covid-19 pandemic in Gianyar Regency? (2) How is the imposition of fines on people who violate health protocols during the Covid-19 pandemic in Gianyar Regency?. The method used is empirical research. The data collection technique used was library research, observation, interviews, and literature study. Analysis of the data used descriptive analysis techniques. The legal basis for the imposition of fines is Article 11 of the Gianyar Regent's Regulation no. 56 of 2020. The regulation on the imposition of fines that have been implemented is effective, it can be seen from the decrease in the level of violations from before the regulation was enacted until the regulation was enacted.
Eksistensi Ombudsman Republik Indonesia Dalam Pengawasan Terhadap Lembaga Pelayanan Publik
Ni Nyoman Wulan Prasintya Putri;
I Nyoman Putu Budiartha;
Luh Putu Suryani
Jurnal Analogi Hukum Vol. 3 No. 3 (2021): Jurnal Analogi Hukum
Publisher : Fakultas Hukum Universitas Warmadewa
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DOI: 10.22225/ah.3.3.2021.369-375
Less optimal control function has been done by institutions existing oversight led to still many irregularities in the awarding of public service to the community, such fraud commonly called the behavior of maladministration. This is what inspired the creation of the Ombudsman of the Republic of Indonesia. The problem is how the Ombudsman RI authority in exercising oversight over public services organized by the State? and how is the position of Ombudsman RI in RI constitutional arrangement to achieve good governance in Indonesia ? The type of research in this thesis is the type of normative research, to approach the problem approach is the approach of legislation and conceptual approaches. The existence of the Ombudsman of the Republic of Indonesia can be seen from the implementation of the Ombudsman's supervisory function which has a good impact, this can be seen from the creation of good public services in accordance with the law and good governance. contained in the Ombudsman Law of the Republic of Indonesia Number 37 of 2008 Article 6, Article 7, and Article 8 in receiving reports of alleged maladministration.
Tinjauan Yuridis Tindak Pidana Pencabulan Terhadap Anak
I Gusti Ngurah Agung Sweca Brahmanta;
Anak Agung Sagung Laksmi Dewi;
Luh Putu Suryani
Jurnal Analogi Hukum Vol. 3 No. 3 (2021): Jurnal Analogi Hukum
Publisher : Fakultas Hukum Universitas Warmadewa
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DOI: 10.22225/ah.3.3.2021.355-362
The increasing crime rate in Indonesia has resulted in the emergence of various modus operandi in the occurrence of criminal acts, one of which is the crime of child molestation. Child molestation can damage the order of family life, the community environment and the school environment, even directly or indirectly a threat to the continuity of development and the future of children who are the next generation of the Indonesian nation and state. The research is to determine the qualifications of acts of sexual abuse against children in the view of criminal law and to determine the application of the law to perpetrators of criminal acts of sexual abuse against minors. The research method used is normative legal research. Issues are discussed based on the laws and regulations. Legal materials use primary and secondary legal materials. The conclusion of this study is the qualification of acts of sexual abuse against children in the view of criminal law. The application of law against perpetrators of criminal acts of obscenity against minors, namely by providing sanctions in accordance with Law no. 23 of 2002 concerning Child Protection, including the provision of imprisonment and fines.
Perlindungan Hukum Terhadap Anak Korban Tindak Pidana Kekerasan (Child Abuse) di Indonesia
I Gusti Ngurah Agung Bija Karang;
I Nyoman Gede Sugiartha;
Luh Putu Suryani
Jurnal Analogi Hukum Vol. 3 No. 3 (2021): Jurnal Analogi Hukum
Publisher : Fakultas Hukum Universitas Warmadewa
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DOI: 10.22225/ah.3.3.2021.350-354
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.