Jurnal Analisis Hukum
Jurnal Analisis Hukum (JAH), terdaftar ISSN: 2620-4959 (Online) dan ISSN:2620-3715 (Print). Jurnal Analisis Hukum adalah jurnal hukum yang digagas oleh Fakultas Hukum dan Magister Ilmu Hukum Undiknas Denpasar, terbit dua kali setahun pada Bulan April dan September. Jurnal Analisis Hukum hendak menghadirkan berbagai gagasan ilmiah tentang hukum yang populer, diharapkan akan mampu menggairahkan minat baca lebih luas terhadap tulisan-tulisan hukum. Jurnal Analisis Hukum sangat berharap kepada pemerhati hukum untuk dapat melukiskan pemikiran ilmiahnya tentang hukum dalam bentuk artikel.
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<![CDATA[TINJAUAN YURIDIS TERHADAP TINDAKAN MENGHALANGI PEMBERIAN ASI EKSKLUSIF ]]>
<![CDATA[Ni Komang Ratih Kumala Dewi]]>
<![CDATA[ Jurnal Analisis Hukum Vol 1 No 1 (2018) ]]>
Publisher : <![CDATA[Universitas Pendidikan Nasional ]]>
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DOI: 10.38043/jah.v1i1.236
<![CDATA[Mother is a woman who has given birth to her child with difficulty, terrible pain, to risk her life, from the beginning of her pregnancy for nine months, the mother who cares for the baby to be born safely. Certainly it is appropriate that a mother is also able to give exclusive breastfeeding to the baby who was born. Breast milk as the best food for baby no doubt. But lately it is unfortunate many of mothers meyusui forget the benefits of breastfeeding. Therefore, it is very important that a Government Regulation governing the provision of Exclusive Asi and sanctions if one tries to prevent Exclusive Breastfeeding.Key words : Mother, ASI Eksklusif, Government Regulation]]>
<![CDATA[EFEKTIVITAS PEMBERLAKUAN TARIF PROGRESIF BAGI PAJAK KENDARAAN BERMOTOR GUNA MENINGKATKAN PENERIMAAN PAJAK ]]>
<![CDATA[Ida Bagus Agung Daparhita]]>;
<![CDATA[Anak Agung Ayu Tini Rusmini Gorda]]>
<![CDATA[ Jurnal Analisis Hukum Vol 1 No 1 (2018) ]]>
Publisher : <![CDATA[Universitas Pendidikan Nasional ]]>
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DOI: 10.38043/jah.v1i1.244
<![CDATA[Motor Vehicle Tax (PKB) is one type of tax whose authority of collection is on Provincial government as a form of autonomy implementation. Nevertheless the government through Law no. 28 Year 2009 on Regional Tax and Retribution has been applying progressive tariff for motor vehicle taxation (PKB). Government policy is related to the purpose of increasing local tax revenues from the PKB sector. The provincial government further implements the policy by issuing local regulations concerning the implementation of progressive taxation, among which regulates the amount of tax to be imposed on each motor vehicle. In Bali Province Regulation no. 1 Year 2011 on Regional Taxes, the provincial government of Bali has set the tax rate between 1.5% to 7.5%. In addition to the increase in tax revenues, the progressive tariff for PKB also aims to reduce people's purchasing power on motor vehicles. This is investigates whether it is possible to increase tax revenues when the purchasing power of people to buy motor vehicles goes down. This research is conducted by empirical research method, in order to study the effectiveness of progressive tariff policy for motor vehicle to increase tax revenue from PKB in Bali Province area. This research uses actual data related to the amount of PKB receipt obtained since before the enactment of progressive tariff until several years after. Based on these data, it can be seen the effectiveness of the implementation of the progressive tariff. In addition, it will also convey the obstacles faced by the Bali Provincial Government in implementing the progressive tariff policy of PKB. Thus the research will be able to give description of the enforcement of progressive rate of PKB as well as to formulate suggestions to reduce the constraints of its implementation, especially in the area of Bali Province.Keywords: Revenue, Progressive Rate, Motor Vehicle.]]>
<![CDATA[NASIONALISASI PERUSAHAAN PENANAMAN MODAL ASING DI INDONESIA ]]>
<![CDATA[I Gusti Agung Mas Triwulandari]]>;
<![CDATA[I Nyoman Budiana]]>
<![CDATA[ Jurnal Analisis Hukum Vol 1 No 1 (2018) ]]>
Publisher : <![CDATA[Universitas Pendidikan Nasional ]]>
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DOI: 10.38043/jah.v1i1.235
<![CDATA[The purpose of this study is to understand the basis of the government action to nationalize foreign investment companies and legal protection of investors as a result of these nationalization actions. The research method used is normative juridical or library research related to normative substance of law, to find truth based on logic of science regarded from normative side by way of researching bibliography or secondary data consisting of primary law material, secondary law material and tertiary law material.The result of the research shows that the basic of nationalization action by the government underlying are due to economic inequality, where foreign capital companies start to dominate the main sectors in the national economy, and the other thing is the politics of nationalization law. Legal protection of investors is focused on preventive law protection, in which investors are given the opportunity to file an objection (inspraak) before a government decision in the definitive form of nationalization action.]]>
<![CDATA[LEGAL REFORM DALAM PENJATUHAN SANKSI TERHADAP ANAK PELAKU KEJAHATAN ]]>
<![CDATA[Ni Nyoman Juwita Arsawati]]>;
<![CDATA[Anak Agung Ayu Ngurah Tini Rusmini Gorda]]>
<![CDATA[ Jurnal Analisis Hukum Vol 1 No 1 (2018) ]]>
Publisher : <![CDATA[Universitas Pendidikan Nasional ]]>
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DOI: 10.38043/jah.v1i1.246
<![CDATA[The child needs to be protected both physically and spiritually, especially when the child is a criminal. Children to be accountable for their actions, not separated from the imposition of criminal punishment of imprisonment. The imposition of imprisonment on children is irrelevant compared to the crime rate, and it seems that imprisonment does not deter the perpetrator. It can be attributed to a child's crime similar to that of an adult whether in quantity or quality. This situation certainly raises issues both philosophically, juridically and sociologically. It is deemed necessary to reform the criminal law in the face of children as perpetrators of crime, deprivation of liberty by placing children in prison, unable to provide protection from the deprivation of the rights of children as opposed to the values of Pancasila as stipulated in the second precept " humanitarian "so it is necessary to replace it with alternative criminal (alternative sanction) one of them in the form of criminal supervision as regulated in Article 71 of Law No.11 Year 2012 About Child Criminal Justice System. Characteristics of the imposition of criminal surveillance of the child, perpetrators are still given the opportunity to improve themselves, and supervision is made in accordance with the personal needs of children who promote human coaching, by upholding the dignity of children based on the principle of "humanity". This is certainly in accordance with the idea or ideals of law and the reality of society that is upholding a democratic, social and humane life, which became the basic color of Indonesian law based on Pancasila.Keywords :Legal reform, children of perpetrators of crime, imposition of sanctions]]>
<![CDATA[KAJIAN YURIDIS LARANGAN ADANYA IKATAN PERKAWINAN TERHADAP SESAMA PEKERJA DALAM SATU PERUSAHAAN ]]>
<![CDATA[I Wayan Agus Vijayantera]]>
<![CDATA[ Jurnal Analisis Hukum Vol 1 No 1 (2018) ]]>
Publisher : <![CDATA[Universitas Pendidikan Nasional ]]>
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DOI: 10.38043/jah.v1i1.243
<![CDATA[Prohibition of marriage ties to fellow workers is formed by employers to maintain professional attitudes of workers in carrying out the work. Article 153 Paragraph (1) Sub-Paragraph f of the Law of the Republic of Indonesia Number 13 Year 2003 when viewed proves to provide a loophole for employers to prohibit the existence of marriage bonds between fellow workers established in employment agreements, company regulations, and collective labor agreements. Based on this matter, it is necessary to conduct a juridical study with the aim to know the causes of the prohibition of marriage bonds against fellow workers in the company and the prohibition of marriage bonds among fellow workers in a company is reviewed in the perspective of law of agreement. In the discussion, after the Decision of the Constitutional Court Number 13/PUU-XV/2017, the employer is not allowed to prohibit the bonds of fellow workers in his company because they are contradictory to the 1964 Constitution of the State of the Republic of Indonesia in particular against the Human Rights. The rules that prohibit the existence of such fellow marriage bonds are reviewed in the treaty law, they can not be based on the principles of contract law. Based on that, the rules should be established by employers is a rule that requires workers to be professional in the work, not by prohibiting workers have marital ties.Keywords: Prohibition, Marriage, Workers.]]>
<![CDATA[PERLINDUNGAN INDUSTRI DALAM NEGERI DARI PRAKTIK DUMPING ]]>
<![CDATA[Dewa Gede Pradnya Yustiawan]]>
<![CDATA[ Jurnal Analisis Hukum Vol 1 No 1 (2018) ]]>
Publisher : <![CDATA[Universitas Pendidikan Nasional ]]>
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DOI: 10.38043/jah.v1i1.250
<![CDATA[Dumping in international trading is an unfair competition which is commonly adopted by the entrepreneurs, that is by selling their product abroad with lower price then in domestic, in attention to have more customer. The strategy of dumping which is done by the entrepreneur gives an effect of financial loss to the domestic industries that produce the similar product. The problems are how is the control of protection for the domestic industries that produce the similar product, what is the measurement in establishing the financial loss for the domestic industries from the practice of dumping, and what effort can be done by the domestic producer who are suffered a financial loss because of the practice of dumping. The result of this research show that the regulations of the domestic industrial protection from the practice of dumping are the regulation in GATT and WTO and national law regulation. The criteria for the measurement in stating the financial loss of the domestic industries which produce the similar product from the practice of dumping are the financial loss, the threat of a real financial loss wich will be faced by the domestic industries that produce the similar product and the obstruction of the development of the domestic industries. The effort to avoid the practice of dumping that can be done by them is to follow the government procedures which have been stated in the government regulation No. 34.Keywords: International Trading, Protection Industries, Dumping]]>
<![CDATA[PERLINDUNGAN DAN UPAYA HUKUM BAGI PEKERJA KARENA PEMUTUSAN HUBUNGAN KERJA SEPIHAK ]]>
<![CDATA[Ida Bagus Kade Putra Manuaba]]>;
<![CDATA[Ida Ayu Sadnyini]]>
<![CDATA[ Jurnal Analisis Hukum Vol 1 No 1 (2018) ]]>
Publisher : <![CDATA[Universitas Pendidikan Nasional ]]>
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DOI: 10.38043/jah.v1i1.241
<![CDATA[The Industrial Relationship Pancasila as orientation of philosophy for the labor law, have a purpose to balancing the right and obligation of labor, industrialist and government. Issues in this research are how represif and prefentif legal protection and legal efforts for employees cause unilateral termination as result of heavy mistake according to Act Number 13 Year 2003 concerning Labor. The purpose of this research is to know and examines the legal protection and the legal efforts for employees cause unilateral termination. The conclusion from this researchthat the substace of regulation on legal protection for unilateral termination as result of heavy mistake, is not formulated yet clearly and comprehensiveness with the result that legal uncertainty for laborer. And then for resolve the conflict there is 2 alternative dispute resolution, with litigation process pass through the court or non litigation process.Keyword: Act Number 13 Year 2003 Concerning Labor, Article 158, Industrial Relationship, Termination.]]>
<![CDATA[KEDUDUKAN LEMBAGA MEDIASI PERBANKAN SEBAGAI PILIHAN PENYELESAIAN SENGKETA ANTARA BANK DAN NASABAH PERBANKAN INDONES ]]>
<![CDATA[Kadek Agus Sudiarawan]]>
<![CDATA[ Jurnal Analisis Hukum Vol 1 No 1 (2018) ]]>
Publisher : <![CDATA[Universitas Pendidikan Nasional ]]>
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DOI: 10.38043/jah.v1i1.248
<![CDATA[This research is aimed identifying the position of banking institutions as a choice of mediation dispute resolution between bank and customers banking of Indonesia as well as to find out the factors restricting and the cause of the weak level of the banking dispute resolution through mediation is associated with the introduction of PBI No. 8/5/PBI 2006 and PBI No. 10/1/PBI in 2008 about banking mediation.Types of research used in this paper included the normative legal research which put the law as a norm building system. This research uses secondary data where all of these data are analyzed using the qualitative methods. The report of this study is presented in a descriptive analysis. The results of the research indicated position of the institution of mediation as a form of banking is a real double protection for customers of banking Indonesia. As for restricting factors and causes of weak levels of dispute resolution through banking mediation include: yet the formation of independent banking mediation agencies banking, filing a dispute settlement arrangements are still concentrated in Bank Indonesia Jakarta, related publication duty setting the existence of institutions banking mediation without provisions supported sanctions, weak setting regarding the appointment and terms of the mediator, weak implementation arrangements and the peace agreement as well as the results of the pouring is not strictly speaking arrangements regarding sanctions against parties that do not comply with the mediation agreement banking.Keywords: Banking, Alternative Dispute Resolution, Bank Indonesia Regulation on Banking Mediation.]]>
<![CDATA[KEBEBASAN PENETAPAN MODAL DASAR PERSEROAN TERBATAS OLEH PARA PIHAK BERDASARKAN PERATURAN PEMERINTAH NOMOR 29 TAHUN 2016 ]]>
<![CDATA[I Putu Wisnu Dharma Pura]]>;
<![CDATA[I Nyoman Budiana]]>
<![CDATA[ Jurnal Analisis Hukum Vol 1 No 1 (2018) ]]>
Publisher : <![CDATA[Universitas Pendidikan Nasional ]]>
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DOI: 10.38043/jah.v1i1.238
<![CDATA[Along with the development of law and the community needs that developed rapidly, especially in the globalization era besides the enhancement of public demand for business development in accordance with good corporate governance principles, therefore on August 16, 2007 the Law No. 40 of 2007 was issued, which replace the Law Number 1 of 1995 concerning Limited Liability Companies. Then the enactment of Government Regulation No. 29 of 2016 concerning Changes in Authorized Capital of Limited Liability Company, specifically for beginner entrepreneurs to establish a Limited Liability Company. The provisions of Article 1 paragraph (3) of Government Regulation Number 29 of 2016 regulate: the amount of authorized capital for Limited Liability Company as referred to in paragraph (1) which based on the agreement of the Limited Liability Company founders. Furthermore, in Article 32 paragraph (1) of Law Number 40 Year 2007 concerning Limited Liability Company, regulate that the authorized capital of the Company is at least Rp. 50,000,000.00 (fifty million rupiah). From the above provisions it can be said, there is a norms conflict that cause multiple interpretations and does not provide legal certainty for the parties. Furthermore, the norms regulated in the Government Regulation should be in line with the norms regulated by the law above it, In this case Law Number 40 Year 2007.Keywords : Authorized Capital, Limited Liability Company, Parties]]>
<![CDATA[PENYELESAIAN SENGKETA WANPRESTASI ANTARA PT. PLN (PERSERO) APP BALI DENGAN PT.GLOBAL TWIN STAR MELALUI JALUR NEGOSIASI ]]>
<![CDATA[Eka Rahmat Andrianto]]>;
<![CDATA[I Made Wirya Darma]]>
<![CDATA[ Jurnal Analisis Hukum Vol 1 No 1 (2018) ]]>
Publisher : <![CDATA[Universitas Pendidikan Nasional ]]>
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DOI: 10.38043/jah.v1i1.247
<![CDATA[State-owned Enterprise PT.PLN (persero) App Bali made a tender on travo 150/20 jobs. The tender was won by PT. Global Twin Star, in it’s work there are disputes in the contract agreement. So from this dispute the author takes the formulation of the problem as follows. How to resolve disputes between the two sides. The second is how the implementation of the settlement results through negotiations. The purpose of the writer is to know and analyze how the results of the settlement through negotiations and also find out whether this implementation is very relevant for both parties each achieved. Agreement made and agreed by PT. PLN (Persero) with PT. Twin Star applies as a law for both parties or called the principle pacta sunt servanda. Settlement through Alternative Dispute Resolution is based on the spirit of win-win solution. Therefore, taking into account future interests, then from the parties to the dispute there must be a desire to maintain their good relationship. Implementation obtained is a continuous relationship of work between the two sides. Where the PT. Global twin star gets additional work from PLN to maintain existing transformer and owned PT.PLN. PLN's transformer is well maintained until the work is done. In a business dispute the parties prefer to avoid to resolve their dispute through the courts. setlement of specific defaults disputes and business disputes in general to be resolved through atlernative negotiated settlement disputes. This is because the company's good name is maintained, cost and time are also more efficient if through this path. The result of dispute resolution through alternative dispute resolution, able to merely render the objectives of the law itself, namely justice, certainty and benefit.Keywords: Dispute Settlement, Wanprestasi, Negotiation.]]>
