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Jurnal Analogi Hukum
Published by Universitas Warmadewa
ISSN : 27162672     EISSN : 27162680     DOI : 10.22225/jah
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Welcome to the official Jurnal Analogi Hukum website. As a part of the spirit of disseminating legal science to the wider community, Jurnal Analogi Hukum Journal website provides journal articles for free download. Jurnal Analogi Hukum is a journal for Law Science that published by Warmadewa University Press. Jurnal Analogi Hukum Journal has the content of research results and reviews in the field of selected studies covering various branches of jurisprudence both from within and outside the country, as well as in the Jurnal Analogi Hukum also contains the field of study related to the Law in a broad sense. This journal is published 3 times within a year of May, August and September submitted and ready-to-publish scripts will be published online gradually and the printed version will be released at the end of the publishing period. Language used in this journal is Indonesia.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 463 Documents
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Pelaksanaan Diversi Terhadap Anak Sebagai Pelaku Tindak Pidana Kecelakaan Lalu Lintas Di Kepolisian Resor Gianyar Mertha, I Gusti Ayu Claudia Prathami; Budiartha, I Nyoman Putu; Widyantara, I Made Minggu
Jurnal Analogi Hukum 330-335
Publisher : Fakultas Hukum Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/ah.1.3.2019.330-335

Abstract

The traffic accident incident involving the Yamaha V-Ixion DK 2245 LP motorbike was driven by the suspect I Wayan Sudita aged 15 (fifteen) years hit a pedestrian on behalf of I Ketut Lana while crossing the road, the accident occurred because of a lack of caution the bicycle driver The Yamaha V-Ixion DK 2245 LP motorbike while driving its vehicle coming from the south to the north after arriving at the crime scene does not give priority to pedestrians crossing the road from the west to the east of the road so that accidents result in pedestrians being injured and subsequently died at Sanjiwani General Hospital, Gianyar. The formulation of the problem in this study is: how is the implementation of diversion by investigators against children as perpetrators of crimes in the Gianyar Resort Police and what are the inhibiting factors in the implementation of diversion in the Gianyar Resort Police. The type of research used is empirical research. Based on these discussions the results of this study are as follows: The implementation of diversion by investigators in handling child cases at Gianyar Resort, carried out by presenting perpetrators, victims, families of perpetrators and victims, correctional guides, community leaders, and related parties. Before conducting diversion, the investigator first conducts an interview with the perpetrator to understand the motive of the perpetrator to commit the crime, so that the investigator is easier to seek diversion to reach an agreement. The inhibiting factor in implementing diversion in the Gianyar Resort Police is the lack of cross-sectoral coordination between the Gianyar Resort Police and the Social Service, Tinas Tenaga Kerja, Women's Empowerment and Family Planning Agency in Gianyar Regency.
Perlindungan Hukum Terhadap Wisatawan oleh Biro Perjalanan Wisata di Kabupaten Badung Suryadewa, Gusti Ngurah Agung; Widiati, Ida Ayu Putu; Arthanaya, I Wayan
Jurnal Analogi Hukum 336-340
Publisher : Fakultas Hukum Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/ah.1.3.2019.336-340

Abstract

The government in collaboration with the tourism business world, including travel agents and the public, has an obligation to provide support for tourism activities to run safely and must always refer to the legal aspects as a form of protection in the field of tourism for tourists. This is because in Article 26 letter (d) of Law No. 10 of 2009 concerning Tourism is expressly stated that tourism entrepreneurs have an obligation in providing comfort, hospitality, and providing a sense of security to tourists. However, the Act does not explain in detail the responsibilities of the travel agency to tourists. This study discusses two problems, namely 1). What is the form of legal protection for tourists in travel in Badung Regency and 2). What is the responsibility of the travel agency for tourists in Badung Regency. The type of research used in this journal is empirical legal research is legal research that starts from the gap between das solen and das sein, where there is a gap between the theoretical situation and the legal facts that occur in society. The approach used is the sociology of law which also studies the interrelationship between law and other social phenomena. Regarding the form of legal protection for tourists in tourist trips in Badung Regency, namely by providing legal protection, comfort and security to tourists, including providing facilities for elderly and disabled tourists, and getting a safety guarantee in the form of insurance for activities that have high risk. The form of responsibility of a travel bureau if there is a problem with the comfort of tourists, the travel usually always anticipates by improving services and racing on business standards certification for the travel bureau.
Tindak Pidana Penganiayaan Yang Mengakibatkan Matinya Seseorang (Studi Kasus Putusan Nomor: 24/Pid.B/2013/PN.Sp) Irawan, I Kadek Agus; Sujana, I Nyoman; Sukadana, I Ketut
Jurnal Analogi Hukum 341-346
Publisher : Fakultas Hukum Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/ah.1.3.2019.341-346

Abstract

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.
Jual Beli Tanah Adat di Hadapan Kepala Desa Bantang Kecamatan Kintamani Kabupaten Bangli Suamba, I Made; Suwitra, I Made; Sudibya, Dyah Gayatri
Jurnal Analogi Hukum 377-383
Publisher : Fakultas Hukum Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/ah.1.3.2019.377-383

Abstract

Earth constitutes a part inherent with human life and common law society. A Man and common law society in its life so pending with earth, since the earth constitutes place based on, the place looks for subsistence and also the last resort if that man passes away. Still makes sense aboveground rights earth, merchant at front carries the wind village. According to bases Section 37 sentences (i) Commanding regulations No. 24 Years 1997 about Cadastral, soiled transition bases sell just buy is listed if proved by deed that made by PPAT in charge terminological legislation regulation rule that prevailing. The formulation of the problem in this study is 1. How is the settlement of buying and selling customary land in the village of Bantang, Kintamani District, Bangli Regency? 2. What is the form of legal protection for buying and selling customary land in front of the Bantang village head, Kintamani District, Bangli Regency?This research assessed by the empirical method bases fact, those are in the field and information of village party on duty and Custom at silvan Bantang and is assessed and analysis bases prevailing legislative intent for now basic sentences and also protection form sentence of custom earth merchant, soiled merchant performing custom is before carry the wind Village at Silvan Bantang Kintamani's district, Bangli's regency. Law preventives protection in this case is proved with paying receipt gets stamp duty arid deponents and make sense repressives protections passes through to shut close villages and letter of attorney gets a stamp.
Sanksi Pidana Pertambangan Pasir Tanpa Izin (Studi Putusan Nomor 120/Pid.Sus/2017/PN Gin) Rusnama, I Nyoman Sri Agus; Widiati, Ida Ayu Putu; Sugiartha, I Nyoman Gede
Jurnal Analogi Hukum 384-389
Publisher : Fakultas Hukum Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/ah.1.3.2019.384-389

Abstract

Often the community ignores making mining permits so that they have a serious impact on the environmental damage around the place that is turned into mining, so the people who conduct mining without a permit are illegal mining. This research, there is the problem of how the application of criminal sanctions against the suspect of the mining of sand without a licence and how the analysis of consideration of judges in meting out the verdict against suspect of sand mining without permission. This type of research used in writing this research is normative legal research . The results of this research concluded bring sanctions against the suspect of the application of sanction/mining without permission Number 120/Pid.Sus/2017PN. Gin criminal punishment with imprisonment for 6 months and a fine of Rp. 1.000.000,-(one million rupiah) but the punishment does not need to be traveled was superseded by a criminal trial for 9 months. Analysis of the judge's consideration in dropping the verdict against suspect of sand mining without permission with the study's verdict number 120/Pid. Sus/2017/PN. Gin that Tribunal judges have been sentencing trial mejatuhkan for 9 months against the defendant the Tribunal Justices see no damning thing and just see things easing, the defendant first time doing criminal, be polite in the trial, and judge argued the law not only retaliation but aims to improve and educate the defendant in order to become better human beings again.
Akibat Hukum Perceraian Pada Perkawinan Campuran Yastika, I Wayan Ika Suyun; Budiartha, I Nyoman Putu; Ujianti, Ni Made Pupspasutari
Jurnal Analogi Hukum 390-395
Publisher : Fakultas Hukum Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/ah.1.3.2019.390-395

Abstract

Besides choosing to vacation amid the beauty of the island of Bali, these tourists are sometimes also interested in the beauty of the women on the island of Bali to become partners and do mixed marriages. But in the midst of the large number of mixed marriages that exist in Bali and in the Badung Regency in particular, couples of different nationalities often separate in the middle of their life journey and do not know what effects of divorce on the mixed marriages they lead. From the background above, the author takes the title of the thesis "Legal Effects of Divorce in Mixed Marriage". The formulation of the problem in this study is how the filing of a mixed divorce lawsuit in the Badung religious court and how the legal impact on joint property, children's citizenship and child custody as a result of divorce in a mixed marriage. The type of research that I use in writing this essay is a type of empirical research. This type of research is guided by facts that exist in the community and from relevant people's information and is supported by applicable legislation so that it can explain the problems in more detail. The results of the study can be concluded that the property in mixed marriages among citizens is included in the field of personal status, so that if there is a divorce, the freedom to determine the law that applies to their marriage property is based on the law relating to the distribution of property, for a child's trust by the court, and regarding the status of citizens in the citizenship law it is stipulated that children of mixed marriages between citizens have 2 nationalities until the child is 18 years old.
Hukum Perkawinan Berbeda Kasta Dalam Perspektif Hukum dan Hak Asasi Manusia Sumartika, I Wayan; Sudibya, Diah Gayatri; Ujianti, Ni Made Puspasutari
Jurnal Analogi Hukum 396-400
Publisher : Fakultas Hukum Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/ah.1.3.2019.396-400

Abstract

Marriage as a legal problem will raise concerns for husbands in marriage. The philosophical problem, namely the marriage penalty of different castes is contrary to the Almighty values of the Almighty God in Pancasila. Sanctions are discharged (discharged) outside the area and sanctioned by the patiwangi ceremony. The juridical issue, the implementation of sanctions and the patiwangi ceremony in the marriage of different castes should be canceled because it is not in accordance with the Constitution. The method used is normative legal research based on proposed norms or evaluations or real problems, and legal materials obtained will be predicted. The results of the study indicate that there are sociological problems in different caste marriages, where the community still carries sanctions on customary law. The sanctions approved were those issued regarding the elimination of racial and ethnic discrimination or according to national law, there were no agreed provisions regarding the prohibition of the influence of different caste marriages. So as long as this marriage meets the requirements stated in the marriage law, it can be approved legally. Marriage is different depending on the women. According to the Act, every one who discriminates against others forms everything.
Penegakan Hukum Terhadap Anak Yang Melakukan Tindak Pidana Kefarmasian (Study Kasus Putusan No. 252/PID.SUS/ANAK/2013/PN.KDI) Mahardika, Ida Bagus Putra; Widyantara, I Made Minggu; Sukadana, I Ketut
Jurnal Analogi Hukum 401-405
Publisher : Fakultas Hukum Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/ah.1.3.2019.401-405

Abstract

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.
Bantuan Hukum Dalam Proses Pradilan Pidana di Indonesia Komalasari, Karti; Widyantara , I Made Minggu; Widiati, Ida Ayu Putu
Jurnal Analogi Hukum 406-410
Publisher : Fakultas Hukum Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/ah.1.3.2019.406-410

Abstract

Paper entitled Legal Aid in Criminal Justice Process in Indonesia comes from Research sourced from the UDHR, a document that is morally binding. Some of the provisions regulate the general principles of law or those that describe the protection of human rights, and the frequent occurrence of the rights of suspects not informed by investigators. The problem (1) what is the process of granting Legal Aid in the criminal justice process? (2) What are the consequences for violating the right to Legal Aid in the criminal justice process? The approaches are legislative approach, factual approach, legal concept analysis approach, and approach through formulas or phrases. The sources of primary legal material in the form of binding and secondary legal materials include the opinions of scholarly scientific works in the collection of legal materials, such as the citation of books and legal journals collected and then processed and analyze. In order to provide signs for law enforcers in implementing material criminal law, legal assistance is regulated in article 54 of the Criminal Procedure Code and article 56 paragraph (1) The Criminal Procedure Code explicitly regulates the obligation of suspects to be accompanied by legal counsel 15 years and above, but if contrary to article 56 paragraph (1) of the Criminal Procedure Code, the judge examining the case must reject the prosecutor's charges, because it is contrary to article 56 paragraph (1). In accordance with the Supreme Court jur number 155/pid/1991, September 16, 1993.
Implementasi Perlindungan Hak Asasi Manusia Terhadap Pemeriksaan Dalam Proses Penyidikan Trimarlina, Komang Dara; Sujana , I Nyoman; Widiati, Ida Ayu Putu
Jurnal Analogi Hukum 411-416
Publisher : Fakultas Hukum Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/ah.1.3.2019.411-416

Abstract

Protection and respect for human rights is a main pillar in any State of law, to provide legal protection against a suspect, then the law number 8 of year 1981 on the law of criminal procedure should be realized, in particular, in the investigation of criminal cases, special interrogation frequently occurs in the arbitrary actions of the investigator against the suspects, who allegedly committing a criminal offence. Violence, intimidation and other forms of coercion against suspects in the process of investigation proved very difficult, legal protection for suspects in the process of investigation, the right to give information freely without pressure from any party the right to obtain legal assistance at every level 1 inspection.) How is the implementation of rights protection-human rights (human rights) in the process of examination of the suspect at the level of investigation? And 2) Rights-rights of anything owned by a suspect in the Investigation Process. This study uses empirical research methods. The position of the suspect and the accused in the CRIMINAL PROCEDURE CODE is as a subject, which in any examination must be treated in a position of human being has the dignity, dignity and self-suspect it doesn't look as rights object and dignity human dignity with arbitrary. Laws and regulations in Indonesia have set the existence of some of the rights of a person who is declared as suspects that must be respected and in respect by every law enforcement in Indonesia's judicial process.

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