Articles
<![CDATA[Kedudukan Hukum Harta Kekayaan Akibat Perceraian ]]>
<![CDATA[I Nyoman Sumardiana]]>;
<![CDATA[I Nyoman Putu Budiartha]]>;
<![CDATA[Desak Gde Dwi Arini]]>
<![CDATA[ Jurnal Analogi Hukum Vol. 2 No. 2 (2020): Jurnal Analogi Hukum ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Warmadewa ]]>
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DOI: 10.22225/ah.2.2.2020.187-191
<![CDATA[As long as a marriage is still going well and harmoniously, the legal consequences of marriage on property are still not felt, because they consider their property to be a unit to be used together in a common opinion and interest between husband and wife. Even if the husband between the husband and wife does a legal act against their property where the husband or wife actually has no right to do so, it means that there has been a violation of the law of marital property, but the legal consequences of the property in marriage are sometimes still not yet felt and not disputed by the husband and wife concerned. The formulation of the problem of this research is: how is the regulation of marriage assets in Indonesia and how the position of marital assets due to divorce is. The type of research used in this study is normative legal research. The results of the discussion in this study are: Regulation of marriage assets is pluralistic. Law No. 1 of 1974 concerning Marriage has regulated the problem of wealth, but the regulation in the law is very concise and incomplete, so that it cannot be used as a basis for resolving marital wealth disputes that occur between husband and wife when the marriage is broken, especially if caused by divorce. Therefore according to the provisions of Article 66 UUP, because it has not been regulated in full and in detail, then regarding the settlement of marriage assets using the law of each husband and wife concerned. The position of marital property according to UUP in principle is carried out separately in the sense that there is no unity as stipulated in the Civil Code. According to Article 35 UUP of marriage property consists of two types: a). Joint assets, namely assets acquired by a husband and wife during a marriage; and b). Default Assets are assets acquired and already owned by husband and wife before marriage.]]>
<![CDATA[Perlindungan Hukum Terhadap Pekerja yang Melebihi Batas Waktu Kerja di PT. Adi Putra Denpasar ]]>
<![CDATA[Ngurah Aldi Ramaputra]]>;
<![CDATA[I Nyoman Putu Budiartha]]>;
<![CDATA[I Pt Gd Seputra]]>
<![CDATA[ Jurnal Analogi Hukum Vol. 2 No. 2 (2020): Jurnal Analogi Hukum ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Warmadewa ]]>
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DOI: 10.22225/ah.2.2.2020.240-245
<![CDATA[Violations of labor problems related to working time that do not comply with this legislation often occur in companies engaged in the industry that is pursuing the target in the production business. One of the companies that want to be researched regarding the implementation of legal protection against workers who work after the deadline of the work, namely PT. Adi Putra Denpasar is a furniture company that is located at Jl. Baypass Ngurah Rai No. 852 Pemogan - Denpasar. Based on the background of the problem can be formulated some of the following problems (1) How is the implementation of legal protection against Labor that works beyond the deadline of work on the company PT. Adi Putra Denpasar? (2) What is the inhibitory factor in the implementation of legal protection against Labor that works beyond the working time limit on the company PT. Adi Putra Denpasar? This type of research in the writing of scientific works is a type of empirical study. In terms of data arranged systematically, then analyzed qualitative so it is expected to get a clear picture of the problem faced. The implementation of legal protection for workers exceeding the time of working hours in PT. Adi Putra Denpasar, has not been fully done in accorsertace with the prevailing provisions, especially against overtime work, hours applied, which is sometimes up to 5 hours, there are also factors The inhibitory found among the other poor performance of workers to work on the production of goods and lack of manpower owned today.]]>
<![CDATA[Upaya Pekerja Outsourcing Terhadap Pemutusan Hubungan Kerja Atas Pelanggaran Kontrak Kerja ]]>
<![CDATA[I Putu Agus Tirta Yasa]]>;
<![CDATA[I Nyoman Putu Budiartha]]>;
<![CDATA[Ni Made Puspasutari Ujianti]]>
<![CDATA[ Jurnal Analogi Hukum Vol. 2 No. 2 (2020): Jurnal Analogi Hukum ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Warmadewa ]]>
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DOI: 10.22225/ah.2.2.2020.192-196
<![CDATA[In its development, every industry today is a business activity that produces a large economy that requires a lot of labor. In its rules namely Law No. 13 of 2003 which applies primarily in labor matters has been established as a rule for systematically running the business activities of the company. The formulation of the problem in this study is 1) How do acts of violation of termination of employment against outsourcing workers? 2) What are the efforts of outsourcing workers who violate the employment contract and are affected by Termination of Employment? This study uses normative legal research methods, uses the statutory approach and conceptual approach, examines primary legal materials, secondary legal materials, and tertiary legal materials and uses legal material collection techniques by studying literature, reading literature and related internet pages. Outsourcing is a term that refers to the authority of the job to employ every community who wants to move in the company's business. Outsourcing workers are intended as workers who have joined certain companies to carry out a business activity in which of course there are terms and conditions governing the management of these workers, mentioned in the employment contract. The rules contained in each work contract allow there is no crime against business ventures and layoffs if there is fraud or breach of contract outsourcing workers in running a business, it is in accordance with the Manpower Act.]]>
<![CDATA[Perlindungan Hukum Badan Pengawas Obat Dan Makanan (BPOM) Terhadap Peredaran Produk Jamu Yang Mengandung Bahan Kimia Obat Berbahaya ]]>
<![CDATA[Ni Kadek Ayu Padmi Ari Sudewi]]>;
<![CDATA[I Nyoman Putu Budiartha]]>;
<![CDATA[Ni Made Puspasutari Ujianti]]>
<![CDATA[ Jurnal Analogi Hukum Vol. 2 No. 2 (2020): Jurnal Analogi Hukum ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Warmadewa ]]>
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DOI: 10.22225/ah.2.2.2020.246-251
<![CDATA[Traditional medicine in Indonesia or Jamu has been known for a long time. If in traditional medicine contains medicinal chemicals it is where there is an indication of violation of the rules of manufacture or composition of traditional medicines produced. This situation creates unrest among the people as consumers, because its rights have been violated. Weak consumer positions are weakening. Based on the background of the problem described above. Then can be formulated some of the following problems (1) How is the role of BPOM in the supervision of traditional herbal medicine that contains hazardous chemicals in the community? 2 How is legal protection against the public against the traditional herbal medicine that contains harmful chemicals under Law No. 8 of 1999 about consumer protection? Referring to the formulation of the problem, then the type of research used in the writing is normative research. Surveillance conducted by BPOM on the distribution of traditional herbal medicine is done both in production activities where the product has not circulated or supervision of products that have been circulating the market. The legal purpose of repressive legal protection is to resolve disputes. BPOM's preventive law efforts in the supervision of traditional herbs can be coaching and quality improvement policy by enforcing the standardization of production quality.]]>
<![CDATA[Contractual Liability dalam Perjanjian Keagenan Gas Elpiji Non-Public Service Obligation ]]>
<![CDATA[Ricky Kusnadi]]>;
<![CDATA[I Nyoman Putu Budiartha]]>;
<![CDATA[Ni Made Puspasutari Ujianti]]>
<![CDATA[ Jurnal Analogi Hukum Vol. 2 No. 2 (2020): Jurnal Analogi Hukum ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Warmadewa ]]>
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DOI: 10.22225/ah.2.2.2020.270-277
<![CDATA[Pertamina as a producer (principal) sells products to consumers through agents, causing Pertamina not to deal directly with consumers, so there is no contractual liability between producers and consumers. The problem formulation in these studies is: 1) What is the legal relationship between principal and agent based on the Agency Agreement LPG Gas Non-PSO?; 2) What is the contractual liability based on the Agency Agreement LPG Gas Non-PSO?. This type of research is juridical normative with a legal approach and presented in the form of legal interpretation. Agency agreements between principals and agents are not specifically regulated in the KUH Perdata and KUHD, but the principle of freedom of contract allows for an Agency Agreement. The Agency Agreement made between Pertamina and Agent creates a legal relationship that is reflected in the rights and obligations of each party which if not fulfilled is an act of default. Contractual liability refers to legal liability in an agreement / contract. Pertamina gives a gradual sanction to agents. Agents are not permitted to change the selling price and reduction of the tube contents to consumers, so that if a consumer lawsuit occurs, Pertamina is freed from the demands of a third party. As long as the subject matter of the law is contrary to matters that are objects of law, then the case can be criminalized. Every act of a legal subject that is contrary to other legal subjects will become the realm of civil matters.]]>
<![CDATA[Pelaksanaan Perjanjian Kredit dengan Jaminan Sertifikat Deposito Pada PT. Bank BRI Cabang Mataram ]]>
<![CDATA[I Putu Bayu Aditya Nendra]]>;
<![CDATA[I Nyoman Putu Budiartha]]>;
<![CDATA[Ni Gusti Ketut Sri Astiti]]>
<![CDATA[ Jurnal Analogi Hukum Vol. 2 No. 3 (2020): Jurnal Analogi Hukum ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Warmadewa ]]>
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DOI: 10.22225/ah.2.3.2020.293-298
<![CDATA[Abstract—The deposit certificate according to bank Indonesia is proof of the debt issued by the bank for the amount of money entrusted to him for a certain period of time. Certificates of deposit issued can be purchased at per-sale at any time and can be played for a bank loan as well as PT. BRI Bank pays the mortgage by holding the original certificate of deposit guaranteed until the credit facility is paid off. The formulation of the problem in this study is as follows: how is the implementation of the credit agreement with collateral for deposit certificates at PT. BRI Bank Mataram Branch Office and how the legal consequences and method of settlement if the term deposit certificate has been completed, while the credit agreement is still running. In this study empirical legal research was used. The results of the discussion in this study are as follows: Implementation of credit agreements with collateral for deposit certificates at PT. BRI BANK Mataram Branch Office is carried out with several stages of the process that must be done to become a debtor at PT. BRI BANK, namely applying for credit, and signing credit. In implementing credit agreements with collateral/ collateral for deposit certificates at PT. BRI BANK prospective borrowers must have deposits in their own name, not on behalf of other people. The way to settle a deposit certificate with a shorter period of time compared to a credit agreement is where the bank will change the form of a certificate of deposit into an ARO (Auth Roll Over) certificate so that when the deposit certificate is due, the time period will automatically adjust to the credit period and the reimbursement are with the knowledge of the customer, if the debtor wants to apply for a loan with a guarantee of a certificate of deposit.]]>
<![CDATA[Hilangnya Objek Jaminan Fidusia yang Tidak Didaftarkan ]]>
<![CDATA[Kadek Cinthya Dwi Lestari]]>;
<![CDATA[I Nyoman Putu Budiartha]]>;
<![CDATA[Ni Made Puspasutari Ujianti]]>
<![CDATA[ Jurnal Analogi Hukum Vol. 2 No. 3 (2020): Jurnal Analogi Hukum ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Warmadewa ]]>
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DOI: 10.22225/ah.2.3.2020.383-387
<![CDATA[Abstract—In accordance with the provisions in the Fiduciary Guarantee Law, the object of fiduciary guarantee must be registered at the fiduciary registration office, but in practice there are still many who do not register it. “The Loss of the Unregistered Fiduciary Object†has the formulation of the problem as a result of the legal guarantee dispute resolution effort the loss of unregistered fiduciary collateral objects. This research method uses mixed legal research method. In this type of legal research, combining between norm-based events and actual occurrences can be conclude that no fiduciary collateral results in the creditor not having preferential rights and executorial title rights in the case of destruction, the object of human guarantee can be resolve by litigation and non-litigation. This method combines the implementation of normative legal provisions (laws) in its action on certain legal events that occur in a society. After conducting this analysis, it can be concluded that the failure to register a fiduciary guarantee causes the creditor not to have preferential rights and executorial title rights. In the event that the destruction of the object of fiduciary guarantee can be resolve by means of litigation and non-litigation. At BPR Artha Bali Jaya, the settlement is carried out by non-litigation, namely by means of family or mediation, where if the debtor continues to pay the remaining credit, the lost object is not dispute. And to further reduce risk BPR Artha Bali Jaya asks debtors to replace lost collateral objects by pledging other objects of the same value.]]>
<![CDATA[Kedudukan Hukum Lembaga Perkreditan Desa (LPD) Dalam Sistem Lembaga Keuangan Mikro ]]>
<![CDATA[Kadek Bagas Piadnyan]]>;
<![CDATA[I Nyoman Putu Budiartha]]>;
<![CDATA[Desak Gede Dwi Arini]]>
<![CDATA[ Jurnal Analogi Hukum Vol. 2 No. 3 (2020): Jurnal Analogi Hukum ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Warmadewa ]]>
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DOI: 10.22225/ah.2.3.2020.378-382
<![CDATA[Abstract—Village Credit Institutions (LPD) as an institution established specifically for the sake of the welfare of the Pakraman Village community, Village Credit Institutions do not serve outside of the Pakraman Village area where the Village Credit Institution operates. The establishment of Village Credit Institutions (LPDs) began to be carried out and the existence of LPDs was regulated under Regional Regulation (PERDA) namely Bali Provincial Regulation Number 8 of 2002 concerning Village Credit Institutions (LPD), which have now been changed to Bali Provincial Regulation Number 3 of 2017. The Regional Regulation regulates the conditions for the Establishment of Village Credit Institutions (LPD). The problem statement is: 1) What is the legal position of the Village Credit Institution (LPD) in the Micro Finance Institution system? 2) What is the role of Village Credit Institutions (LPDs) in the Micro Finance Institution system? The research method used is normative legal research. The source of legal material that will be used is the research source of primary, secondary and tertiary materials. The techniques for collecting primary and secondary legal materials were collected based on the topic of the program which had been formulated based on the snowball system and disclassified according to sources and hierarchies to be presented comprehensively. Analysis of legal materials with legal interpretation and presented in the form of analysis descriptions. The legal position of the Village Credit Institution based on the customary law community in Bali in the Micro Kauangan Institution system according to Law Number 10 of 1998 concerning Banking cannot be equated. The Village Credit Institution has a very strategic role because so far it has been serving small micro enterprises (MSEs) and rural communities in Bali through financial services that are carried out in accordance with customer needs, personal approaches, and proximity to customers.]]>
<![CDATA[Asas Itikad Baik dalam Perjanjian Jual Beli Barang Melalui Media Elektronik (E-Commerce) ]]>
<![CDATA[I Wayan Agus Grahadi Putra]]>;
<![CDATA[I Nyoman Putu Budiartha]]>;
<![CDATA[Ni Made Puspasutari Ujianti]]>
<![CDATA[ Jurnal Analogi Hukum Vol. 2 No. 3 (2020): Jurnal Analogi Hukum ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Warmadewa ]]>
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DOI: 10.22225/ah.2.3.2020.320-325
<![CDATA[Abstract—Technological developments affect all aspects of life that make life easier or more instant. One aspect of this technology is affected by the purchase agreement. This agreement was initially carried out by businessmen meeting with a buyer in a place (the market), today this agreement can be done simply by using mobile phones that have internet we are able to make buying and selling the so-called E-Commerce. As for the formulation of the problem 1. How is the validity of the Sale and Purchase Agreement using Electronic Media (E-Commerce) for the parties who make it? How is the Good Faith Principle in the Sale and Purchase Agreement of Goods using Electronic Media (E-Commerce)? This research uses normative research methods. The results of this study are Effect of E-Commerce has changed the way a person to transact in the electronic media have a positive impact for both side. When there is a positive impact then of course there are negative impacts, the negative impact entrepreneurs often commit fraud in transactions because they do not meet in person only meet in cyberspace alone. So in the world of E-Commerce importance of implementing in good faith greatly influence the nets of a business because when it has been using the good faith of both parties will not commit fraud with each other.]]>
<![CDATA[Pelaksanaan Kewenangan Kejaksaan Negeri Denpasar dalam Penuntutan Tindak Pidana Narkotika oleh Anak ]]>
<![CDATA[Komang Ayu Sintia Dewi]]>;
<![CDATA[I Nyoman Putu Budiartha]]>;
<![CDATA[I Nyoman Gede Sugiartha]]>
<![CDATA[ Jurnal Analogi Hukum Vol. 2 No. 3 (2020): Jurnal Analogi Hukum ]]>
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.]]>
