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<![CDATA[Implementasi Proses Rehabilitasi Terhadap Penyalahguna Narkotika di Panti Rehabilitasi Yayasan Anargya Bali ]]>
<![CDATA[Hariwangi, A.P. Komang Ayu]]>;
<![CDATA[Nahak, Simon]]>;
<![CDATA[Sukadana, I Ketut]]>
<![CDATA[ Jurnal Analogi Hukum 271-276 ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Warmadewa ]]>
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DOI: 10.22225/ah.1.3.2019.271-276
<![CDATA[Transnational narcotics crimes are carried out using modern modus operandi and advanced technology, including safeguarding the results of narcotics crimes. The development of the quality of narcotics crimes has become a very serious threat to human life. Drug users or users on the one hand are criminals, but on the other hand are victims. According to the law, the user or drug user as the perpetrator of narcotics crime is by the provisions of the Narcotics Law which regulates imprisonment given to the perpetrators of narcotics abuse. The formulation of the problem raised is (1) what is the process of rehabilitation of narcotics abusers in the Anargya Foundation? (2) What are the obstacles in the process of rehabilitation of narcotics abusers at the Anargya Foundation? The problems that will be discussed will be examined based on an empirical perspective, empirical research, namely research carried out through observation or research directly into the field. The problem approach used in this study is an empirical juridical approach. The results showed that the process of rehabilitation of narcotics abusers at the Anargya Bali Foundation was carried out in several phases, namely the first stage (intake) aimed at making an assessment and knowing the suitability or feasibility of the treatment program with the client's condition. The second stage (primar care) is carried out by the assessment process and is considered to be eligible to undergo treatment on physical, mental and spiritual aspects. The third stage (transitional), in this phase the client is more focused on preparing himself to return to society. Whereas the fourth stage (after care) is that in this phase the client is allowed to stay outside the care facility but still conducts outpatient sessions on a regular basis to monitor the client's progress. Obstacles in the process of rehabilitation of narcotics abusers at the Anargya Bali Foundation consist of internal factors and external factors.]]>
<![CDATA[Jual Beli Hak Milik Atas Tanah Yang Belum Bersertifikat ]]>
<![CDATA[Putra, I Made Handika]]>;
<![CDATA[Sukadana, I Ketut]]>;
<![CDATA[Suryani, Luh Putu]]>
<![CDATA[ Jurnal Analogi Hukum 372-376 ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Warmadewa ]]>
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DOI: 10.22225/ah.1.3.2019.372-376
<![CDATA[The most powerful property rights are property rights over land, the way to obtain ownership rights is the transfer of rights, one of which is by buying and selling, in buying and selling activities with land objects that are very vulnerable to land problems, one of which is buying and selling land without a certificate. From that the author is interested in conducting research in the form of a thesis with the title of Sale and Purchase of Property on Land that is not yet certified. By using the formulation of the problem: 1) What the Procedure for transitioning rights to land that has not been certified; 2) What are the legal consequences of buy and sell land that has’nt had been certified. The research method used is a normative research method. Transferable property means to move from someone to another party due to legal actions, one of which is by buying and selling, the number of problems in the transfer of rights due to the sale and purchase of land for which there is no certificate, due to legal sale and purchase the transfer of land rights and the absence of legal certainty of holders of land rights.]]>
<![CDATA[Peranan Balai Pemasyarakatan (Bapas) Kelas I Denpasar Terhadap Anak Yang Melakukan Tindak Pidana ]]>
<![CDATA[Putra, I Gede Made Doni Pramana]]>;
<![CDATA[Sukadana, I Ketut]]>;
<![CDATA[Karma, Ni Made Sukaryati]]>
<![CDATA[ Jurnal Analogi Hukum 317-323 ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Warmadewa ]]>
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DOI: 10.22225/ah.1.3.2019.317-323
<![CDATA[Correctional Center is an institution to carry out the guidance of correctional clients and correctional clients in question is someone who is under the guidance of BAPAS especially the Child Clients. Many children are subject to criminal acts. The child is the subject of a criminal offense if the offender is a child. To be able to do guidance, a correctional system is needed in accordance with Law No. 12 of 1995 concerning Correctional Services. Formulation of the problem in this study, 1. What is the position of Penitentiary in Law Number 12 of 1995? 2. What is the role of Denpasar Class I Penitentiary (BAPAS) against children who commit crimes? This study uses empirical research methods, using conceptual approaches and approaches that emphasize direct research at the Class I Denpasar Penitentiary (BAPAS), reviewing primary and secondary data sources and using data collection techniques with interviews and literature review, analysis of the data in the form of qualitative and quantitative. BAPAS in its position, namely as one of the sub-systems of the criminal justice system. BAPAS outside the penitentiary is located as a Technical Implementation Unit which is directly responsible to the Ministry of Law and Human Rights. Broadly speaking, the position of BAPAS is tasked with guiding residents of the prison in accordance with applicable rules. BAPAS services make a community research report for the purposes of investigation, prosecution and trial in Child cases both inside and outside the trial and provide assistance, guidance and supervision. BAPAS inhibiting factors in conducting guidance on correctional clients are the lack of a number of community mentors and training, facilities, children's clients who are not required to report to BAPAS, and the lack of cooperation between BAPAS and the family.]]>
<![CDATA[Tindak Pidana Penganiayaan Yang Mengakibatkan Matinya Seseorang (Studi Kasus Putusan Nomor: 24/Pid.B/2013/PN.Sp) ]]>
<![CDATA[Irawan, I Kadek Agus]]>;
<![CDATA[Sujana, I Nyoman]]>;
<![CDATA[Sukadana, I Ketut]]>
<![CDATA[ Jurnal Analogi Hukum 341-346 ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Warmadewa ]]>
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DOI: 10.22225/ah.1.3.2019.341-346
<![CDATA[Persecution is a savage act carried out by someone to hurt others both physically and mentally. The phenomenon of the many acts of persecution that occurred in the community was motivated by several things including the economic situation of the perpetrators, the psychiatrists who were not stable, how the perpetrators were raised in the family. From these problems several problems were formulated, among others: criminal persecution, 2. What criminal sentence was handed down by the judge against the alleged persecution that resulted in someone's death. In writing this essay using normative research methods, using a legal, conceptual and case approach. From the legal research that has been done, it can be concluded that, the judge's judgment in punishing the perpetrator is juridical, then the consideration based on evidence and consideration is non-judicial, the sentence imposed by the panel of judges on the accused of torture which results in a maximum sentence seven years stipulated in article 351 paragraph 3 of the Criminal Code.]]>
<![CDATA[Penegakan Hukum Terhadap Anak Yang Melakukan Tindak Pidana Kefarmasian (Study Kasus Putusan No. 252/PID.SUS/ANAK/2013/PN.KDI) ]]>
<![CDATA[Mahardika, Ida Bagus Putra]]>;
<![CDATA[Widyantara, I Made Minggu]]>;
<![CDATA[Sukadana, I Ketut]]>
<![CDATA[ Jurnal Analogi Hukum 401-405 ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Warmadewa ]]>
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DOI: 10.22225/ah.1.3.2019.401-405
<![CDATA[The drug benefit as basically has disappeared or pain can heal. Rampant circulation of drugs without a permission path in society concern as members of the community, as opposed to law No. 36 year 2009 about health. In the violation is not only done by adults and institutions or companies, but it has been done by children under. As for the formulation of the problem (1) How pharmacy settings according to positive law in Indonesia? (2) How sanctions against children who commit criminal acts of Pharmacy? Researchers using normative and the method research approach and a conceptual approach to legislation. Pharmacy settings according to positive law in Indonesia is regulated in Act No. 36 of the year 2009 on health, with criminal provisions set forth in Chapter XX, namely Article 190 to article 201. The application of sanctions on children who commit criminal acts Pharmacy with criminal threats maximum 15 (fifteen) years and a fine of maximum RP 1.5 billion (one billion five hundred million rupiah) cannot be processed through appropriate breathtaking diversion provisions Article 7 paragraph (2) of the law number 11 year 2012 about the criminal justice system.]]>
<![CDATA[Perlindungan Hukum Terhadap Saksi Pelaku Yang Bekerjasama (Justice Collaborator) dalam Perkara Tindak Pidana Korupsi ]]>
<![CDATA[Bou, Antonius Yoseph]]>;
<![CDATA[Sujana, I Nyoman]]>;
<![CDATA[Sukadana, I Ketut]]>
<![CDATA[ Jurnal Analogi Hukum 142-147 ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Warmadewa ]]>
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DOI: 10.22225/ah.2.2.2020.142-147
<![CDATA[Corruption is a particular type of crime that is serious because corruption can cause economic losses to a country that threatens the continuity of development in all aspects of a country, so that an extraordinary handling is needed. The involvement of a witness as well as a perpetrator is a breakthrough that can help law enforcement officials in uncovering the complexity of criminal acts of corruption. The choice to act as a witness as well as a perpetrator who assists or cooperates with law enforcement officials is a full risk choice for that it is realized the need for a concept of protection for a witness as well as a collaborating actor so that those who are called witnesses as well as these actors can provide information needed freely without fear of threats or intimidation by parties who are directly harmed by the testimony given. Based on the description above, the issues raised will be the subject of further discussion which are deemed necessary for a learning space around the perpetrators acting as witnesses. As for those problems, namely: how is the legal arrangement for a witness who is also an actor who helps law enforcement officials in uncovering a corruption case and how the government guarantees to provide protection for witnesses and also as perpetrators in corruption cases. To answer this problem, normative research methods are used, namely by implementing a legislative approach that examines the applicable laws and regulations and adopting a conceptual approach, namely reviewing library materials in the form of theories and opinions of legal experts. Legal arrangements for a witness as well as perpetrators are regulated in a number of laws and regulations that provide the basis of guidelines for witnesses and also those who work together in disclosing corruption cases, while we can find these regulations in witness and victim protection laws. Where it provides a guarantee of legal certainty which is characteristic of the law itself because without legal certainty it is impossible to achieve legal ideals, namely the existence of justice.]]>
<![CDATA[Pembinaan Terhadap Narapidana Lanjut Usia Di Lapas Kelas II A Denpasar ]]>
<![CDATA[Pradipta, I Wayan Diva Adi]]>;
<![CDATA[Sukadana, I Ketut]]>;
<![CDATA[Karma, Ni Made Sukaryati]]>
<![CDATA[ Jurnal Analogi Hukum 209-214 ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Warmadewa ]]>
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DOI: 10.22225/ah.2.2.2020.209-214
<![CDATA[Lembaga Pemasyarakatan merupakan salah satu lembaga yang menegakkan hukum dalam hal pembinaan yang dilakukan terhadap para narapidana dimana segala jenis aturan yang dilakukan di dalam Lembaga Pemasyarakatan diatur dalam Undang-Undang Nomor 12 Tahun 1995 tentang pemasyarakatan. Adapun rumusan masalah yang penulis kemukakan yaitu, (1) Bagaimana proses pembinaan narapidana lanjut usia di Lapas Kelas IIA Denpasar menurut UU No.12 Tahun 1995 Tentang Pemasyarakatan. (2) Apakah upaya penyelesaian terhadap kendala yang dihadapi dalam melakukan pembinaan pada narapidana lanjut usia di Lapas Kelas IIA Denpasar. Penelitian ini menggunakan metode empiris dengan mengumpulkan data melalui wawancara di lapangan. Penelitian ini dilakukan di Lembaga Pemasyarakatan Kelas II A Denpasar yang terletak di daerah Kerobokan Kabupaten Badung. Hasil penelitian di lapangan didapat bahwa di Lembaga Pemasyarakatan yang menampung 1684 narapidana dengan klasifikasi 7 orang narapidana anak, 1663 orang narapidana dewasa serta 14 orang narapidana lansia ini telah memberikan perlakuan khusus kepada narapidana yang sudah lanjut usia karena para narapidana yang sudah lanjut usia tidak memiliki kemampuan yang cukup untuk melakukan segala kegiatan pembinaan yang seharusnya dilakukan, namun tidak ada peraturan khusus yang mengatur secara detail terkait hal tersebut. Memberikan perlakuan khusus dan membentuk aturan mengenai tata cara pembinaan terhadap narapidana yang sudah lanjut usia merupakan langkah yang wajib dilakukan agar terciptanya proses pembinaan terhadap para narapidana lanjut usia yang sesuai dengan kondisi narapidana lanjut usia itu sendiri.]]>
<![CDATA[Pembantuan dalam Tindak Pidana Perjudian (Studi Putusan Nomor 94/Pid.B/2017/PN Gin) ]]>
<![CDATA[Suprapta, I Nyoman Agus]]>;
<![CDATA[Sukadana, I Ketut]]>;
<![CDATA[Widyantara, I Made Minggu]]>
<![CDATA[ Jurnal Analogi Hukum 278-282 ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Warmadewa ]]>
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DOI: 10.22225/ah.2.3.2020.278-282
<![CDATA[Abstract—Gambling essentially is contrary to norms. In fact, gambling is increasingly done by people hide away or clearly. Other than gambling which has been well known and operated in some places in Indonesia, especially in bali like cock fighting, ceki(balinese card game), togel (black toto), bola adil and so on. Surely, it needs facilities and infrastructure to do that gambling. It makes willingness by an individual or a group of people to support to do gambling itself that giving chance to public for gambling. The problem in this research is how to regulate the assistance as one form of criminal act in Indonesia and how legal sanction done to the assistance in gambling criminal act that has been regulated on Number 94/Pid.B/2017/PN Gin. Research methods used in this research is normative research with the constitution and conceptual approach. After collecting all of legal materials, it will be processed and analyzed using legal argument, deductive inductive and formed descriptively into research. The result of this research can be concluded that the assistance as one of the form of criminal regulated in article 56 about the form of assistance, article 5 about assistance responsibility system and article 60 about assistance responsibility affirmation. The Judge, in giving legal sanction to the assistance suspect in gambling criminal act case number 94/Pid.B/2017/PN Gin. Has based on article 303 paragraph (1) point 2 KUHP in considering anything that relieving or burdening, case position, evidence of the witness and the suspect, and the Judge believes in giving a fair punishment.]]>
<![CDATA[Kedudukan Cucu Sebagai Ahli Waris Pengganti Dalam Hukum Waris Islam (Studi Kasus Nomor: 0013/PDT.P/2015/PA.DPS) ]]>
<![CDATA[Yuliandari, Ida Ayu Adi Iin]]>;
<![CDATA[Sukadana, I Ketut]]>;
<![CDATA[Sudibya, Diah Gayatri]]>
<![CDATA[ Jurnal Analogi Hukum 346-350 ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Warmadewa ]]>
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DOI: 10.22225/ah.2.3.2020.346-350
<![CDATA[Abstract—Of all the current laws, inheritance law has a very important role and even determines and reflects the kinship system that has prevailed in that society. Lately there have been many disputes arising from the death of the heirs before the heirs. The case is sought out by forming a substitute heir concept. Legal issues regarding substitution of heirs are one of the concepts of renewal in the Compilation of Islamic Law. The concept of substitute heirs aiming to find a sense of justice for heirs. The formulation of the problem raised is (1) What is the position grandchildren as substitut heeirs in Inslamic intheritance law system according to the Compilation of Islamic Law, (2) How is the judge's judgment on the position of grandchildren as substitute heirs in the Determination of Denpasar Religious Court Number 0013/Pdt.P/2015/PA.Dps. In this research using normative legal research, namely in the study systematically process library materials and related decision files. In this study it can be concluded that the position of grandchildren as substitute heirs in the Islamic inheritance system according to the Compilation of Islamic Law based on the Determination of the Denpasar Religious Court Number 0013/Pdt./2015/PA.Dps that the grandchildren can replace the position of their parents as heirs, because based on Article 185 paragraph (1) Compilation of Islamic Law, a person can inherit because the replacement of the place is the person who is replaced musthave passed away earlier than the heir.]]>
<![CDATA[Pemberatan Hukuman Terhadap Residivis (Studi Kasus Putusan Perkara Nomor 50/Pid.B/2018/PN.Tab) ]]>
<![CDATA[Paramitha, Ni Made Wahyuni]]>;
<![CDATA[Sukadana, I Ketut]]>;
<![CDATA[Karma, Ni Made Sukaryati]]>
<![CDATA[ Jurnal Analogi Hukum 84-89 ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Warmadewa ]]>
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DOI: 10.22225/ah.3.1.2021.84-89
<![CDATA[With existence of law expected by state Indonesia become peaceful state and can prevent the happening of crime. Its function criminal law arrange life of society to be can create orderliness of public. These time often met by various crime case conducted by recidivist, where the recidivist don’t discourage to penalization which he have against the punismentin prison previously. Research problems of this study are (1) How arrangement of law to recidivist according to positive law in Indonesia? ( 2) How base consideration of judge in breaking a recidivist? This research use approach of normatif that is with method approach of legislation, conceptual, and approach of case. Result indicate that: ( 1) Arrangement of law to recidivist according to Indonesian positive law is pursuant to section 486 Criminal code which enter in certain type of crimes, in section 486 Criminal code arrange about maximum crime from some criminal of which can added by 1/3 one-third because conducting repetition of or deed of recidive. ( 2) Base consideration of judge in breaking a recidivist that is in the balance punish Assembly Judge of Tabanan constitution its decision regarding have proven of validly and assure mistake of defendant of Section assertion 362 Criminal code have precisely and correctness. But regarding dropped crime penalization to defendant according to writer don’t in agreement with the decision because of existence of dimness of norm and also not yet fulfilled sense of justice and rule of law which where judge ought to add 1/3 one-third from maximum crime threat of fundamental because defendant a recidivist.]]>
