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Perlindungan Hukum Karyawan Terkait Pengurangan Gaji Akibat Pandemi Covid-19 pada Hotel dan Restaurant di Area Seminyak
Anak Agung Arista Purnama Sari;
Anak Agung Sagung Laksmi Dewi;
I Wayan Arthanaya
Jurnal Analogi Hukum Vol. 3 No. 3 (2021): Jurnal Analogi Hukum
Publisher : Fakultas Hukum Universitas Warmadewa
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DOI: 10.22225/ah.3.3.2021.382-387
The problem faced by the company during the Covid-19 pandemic was related to the financial crisis, so that paid workers are 20-30% of the initial salary in the work agreement because the Covid-19 pandemic. The formulation of the problem is how to determine the reduction in employee salaries during the Covid19 pandemic and the application of protection for labor rights during the Covid-19 pandemic in hotels and restaurants in the Seminyak area? The research method uses empirical legal methods with a fact approach. The results of the study explain the determination of employee salary reductions during the COVID-19 pandemic at hotels and restaurants is carried out on the basis of reduced company income and the company do not want to close the business. The conclusion is that based on the SE of the Ministry of Manpower Number M/3/HK.04/III/2020 of 2020,for companies that limit their business activities due to government policies, they can make payment of wages in accordance with the agreement between employers and workers/laborers. The suggestion from this research that the management of hotels and restaurants is trying to find other alternatives to increase the salary value of employees.
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.
Pertanggungjawaban Pidana Pecandu dan Penyalah Guna Narkotika Berdasarkan Golongan
Khresna Wisantya;
I Nyoman Gede Sugiartha;
Anak Agung Sagung Laksmi Dewi
Jurnal Analogi Hukum Vol. 3 No. 3 (2021): Jurnal Analogi Hukum
Publisher : Fakultas Hukum Universitas Warmadewa
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DOI: 10.22225/ah.3.3.2021.338-343
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.
Sanksi Pidana bagi Pelaku Tindak Kecurangan dalam Perekrutan Calon Pegawai Negeri Sipil di Indonesia
Anom Bagus Sanjaya;
Anak Agung Sagung Laksmi Dewi;
Luh Putu Suryani
Jurnal Analogi Hukum Vol. 4 No. 1 (2022): Jurnal Analogi Hukum
Publisher : Fakultas Hukum Universitas Warmadewa
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DOI: 10.22225/ah.4.1.2022.1-5
The recruitment process for prospective civil servants in Indonesia is indeed very vulnerable to bribery, such as evidence of the problem of transparency in CPNS recruitment with cases of collusion involving government officials of the State Civil Apparatus who are proven to have accepted bribes and assisted prospective civil servants in a fraudulent manner. and causing a criminal act can be dismissed from his position, in accordance with Law Number 5 of 2014 concerning State Civil Apparatus. The formulation of the problem in this study are: 1) What is the arrangement for CPNS recruitment in Indonesia? 2) What are the criminal sanctions against perpetrators of fraudulent CPNS recruitment? The research method used is normative research with a statutory approach. Sanctions imposed on perpetrators of fraud are divided into two, namely administrative sanctions in the form of blacklist sanctions from the State Civil Service Agency which results in the perpetrators not being able to register to take the CPNS test for the rest of their life, Criminal sanctions imposed namely Law Number 11 of 2008 concerning Information and Transactions Electronic.
Tinjauan Yuridis Terhadap Tindak Pidana Pemalsuan Asal-Usul Seorang Anak dalam Putusan Perceraian
I Made Mudana Adi Putra;
Anak Agung Sagung Laksmi Dewi;
Luh Putu Suryani
Jurnal Analogi Hukum Vol. 4 No. 1 (2022): Jurnal Analogi Hukum
Publisher : Fakultas Hukum Universitas Warmadewa
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DOI: 10.22225/ah.4.1.2022.12-19
Counterfeiting committed by the medical personnel if the contents of the medical record contain some or all of the contents that are changed or made differently from medical actions carried out by the doctors or medical teams, it will have an adverse effect and even create disputes between the patient's family, and lead it into unclear identity. The formulations of the problem of this research are How is the legal regulation of the counterfeiting crime against the origin of a child? What are the criminal sanctions for counterfeiting the origin of a child when a divorce occur? This research has purpose is to find out the arrangements of legal for the counterfeiting crime of a child's origins and criminal sanctions against counterfeiting a child's origins a divorce occur. The benefits of this research can be used as a source of input, especially regarding the juridical review in divorce verdict. regulated in Law 36 of 2014 concerning 2014 Health Workers. contained in Article 84 which contains actions that occur due to negligence. The rules of origin, although not explicitly stated in the form of identity falsification or the origin of the child, are regulations related to falsification. The sanction for falsification of intentionally embezzling a person's origins is punishable by embezzlement of origin with a maximum imprisonment of six years.
Penggelapan Pajak Terhadap Pusat Pendidikan Pelatihan dan Sekolah Olahraga Nasional (P3SON)
I Gede Herry Budikusuma;
Anak Agung Sagung Laksmi Dewi;
Luh Putu Suryani
Jurnal Analogi Hukum Vol. 4 No. 1 (2022): Jurnal Analogi Hukum
Publisher : Fakultas Hukum Universitas Warmadewa
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DOI: 10.22225/ah.4.1.2022.55-59
Indonesia is a country consisting of sharing tribes, races, and cultures where each community has its own thoughts and understandings to live their lives. In carrying out his life, society is no stranger to the name of human rights where human behavior must not interfere with the rights of others and does not behave outside the norms that apply in accordance with positive laws. In carrying out a job ordinary people do it for the sake of earning income to support their families plus the needs of life that every day increase makes someone have to work hard to get income. But in the present day get income alone without getting dependents such as the absence of balance every worker must get income plus work safety dependents which later if one day happens something unwanted a worker can be dependents that will later be used for treatment and additional costs for himself and his family. The thing that happens when the situation of workers making a living is the occurrence of unwanted things where the project is stopped because the superiors commit tax evasion.
Pelaksanaan Kewajiban Pengembang dalam Penyediaan Fasilitas Umum dan Fasilitas Sosial Perumahan di Kabupaten Badung
I Wayan Aditya Indrayana;
Anak Agung Sagung Laksmi Dewi;
Luh Putu Suryani
Jurnal Analogi Hukum Vol. 4 No. 1 (2022): Jurnal Analogi Hukum
Publisher : Fakultas Hukum Universitas Warmadewa
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DOI: 10.22225/ah.4.1.2022.37-43
The demand for the availability of housing needed to support the primary needs of the community, especially in the Badung Regency also continues to increase. However, the fact is that the housing development process is often not accompanied by adequate social facilities. There is a problem formulation, namely how to implement the developer's obligations in providing social facilities in Badung Regency housing and what are the obstacles to implementing the developer's obligations in providing social facilities in Badung Regency housing. The purpose of this study was to determine the implementation and development barriers. The method used in this research is empirical. There are still developers who have not fully provided social facilities in accordance with the regulations. In the provision of social facilities in Badung Regency are still several obstacles such as internal and external. The conclusion that can be drawn from this paper is that developers in Badung Regency have not fully carried out their obligations to build facilities in accordance with the site plan. the authors suggest implementing the developer's obligations in providing social facilities to run in accordance with the law, the government must carry out supervision and guidance for developers.
Tinjauan Yuridis Peran dan Tanggung Jawab PPATK Sebagai Intelegency Unit dalam Mencegah Tindak Pidana Money Laundering
I Kade Juniana;
Anak Agung Sagung Laksmi Dewi;
Made Minggu Widyantara
Jurnal Analogi Hukum Vol. 4 No. 2 (2022): Jurnal Analogi Hukum
Publisher : Fakultas Hukum Universitas Warmadewa
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DOI: 10.22225/ah.4.2.2022.125-129
The issues raised in this study include the legal arrangements of PPATK as a unit of Indonesian Financial Intelligence and the roles and responsibilities of PPATK to prevent money laundering in the banking system in Indonesia. The writing of this thesis uses the research method of collecting normative literature data (library research) along with collecting data and reading references through regulations, the internet and other sources, then selecting the appropriate data to support the writing. The result of this study is that PPATK as an agency established for the prevention and eradication of money laundering crimes has been extended with the enactment of Law Number 8 of 2010 concerning the Prevention and Eradication of the Crime of Money Laundering. One of them is PPATK to temporarily suspend suspicious financial transactions. PPATK plays a role in maintaining financial system stability, especially the Indonesian economic system and is responsible for efforts to eradicate money laundering in the banking system in Indonesia.
Penyelesaian Wanprestasi Perjanjian Jasa Wedding Organizer Akibat Force Majeure
Made Satria Dharmayuda;
Anak Agung Sagung Laksmi Dewi;
I Gusti Agung Ayu Gita Pritayanti Dinar
Jurnal Analogi Hukum Vol. 4 No. 2 (2022): Jurnal Analogi Hukum
Publisher : Fakultas Hukum Universitas Warmadewa
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DOI: 10.22225/ah.4.2.2022.130-135
Indonesia is a country consisting of sharing tribes, races, and cultures where each community has its own thoughts and understandings to live their lives. In carrying out his life, society is no stranger to the name of human rights where human behavior must not interfere with the rights of others and does not behave outside the norms that apply in accordance with positive laws. In relation to the positive laws that apply in Indonesia, the behavior of the people themselves has indirectly been regulated and for anyone who behaves outside the norm will definitely get sanctioned because his actions have harmed himself and others. In accordance with the positive law that applies force majeure is a disaster that can come at any time and occurs at the time of wedding activities making both parties not be able to give each other, especially the parties from the wedding. It cannot be said to be a default because every arranged event will be carried out properly if the default event does not occur and both parties can rearrange the wedding reception activities.
Sanksi Hukum Terhadap Pelanggaran Pajak yang Dilakukan oleh Korporasi
Gusti Ayu Erlin Widyaningsih;
Anak Agung Sagung Laksmi Dewi;
Luh Putu Suryani
Jurnal Analogi Hukum Vol. 4 No. 2 (2022): Jurnal Analogi Hukum
Publisher : Fakultas Hukum Universitas Warmadewa
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DOI: 10.22225/ah.4.2.2022.141-145
Tax is a source of state revenue which exceeds 80% (eighty percent) of the total revenue. Corporate tax is the main contributor to corporate tax, but corporate tax also has great potential as a tax evader. Avoiding corporate tax by excluding tax obligations and submitting incorrect SPT. The law is illegal and may be subject to statutory prohibition. Formulation of Research Tasks: how is the contribution of corporate taxes to state revenues and what are the legal sanctions for tax violations committed by corporations. The purpose of this study is to explain the contribution of corporate income tax to government revenues and to explain the legal sanctions for violations of corporate income tax. This research uses ideological studies with legal methods and conceptual approaches. The survey results show that the contribution of corporate income tax to state income and total corporate income is regulated in Article 4 (2) of the Income Tax Law, and the legal prohibition on corporate tax avoidance is regulated in Article 13a. The KUP Law in the form of administrative sanctions increases the low amount of tax charged by stating an increase in the tax account by 200% (two hundred percent).