Jurnal Analogi Hukum
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.
Articles
483 Documents
<![CDATA[Pertanggungjawaban dan Penyelesaian Sengketa Konsumen Berkaitan Dengan Perdagangan Parsel ]]>
<![CDATA[Kadek Purwa Sastra Diyatmika]]>;
<![CDATA[Ida Ayu Putu Widiati]]>;
<![CDATA[Ni Made Sukaryati Karma]]>
<![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.2.3.2020.393-398
<![CDATA[Abstract—This is a consumer protection guarantee which should be by the consumer over any food products purchased from manufacturers or businessmen. For businessmen who just always worried about how to gain that much without thinking of the interests of consumers. It can be posed some problems that would constitute the subject of this research, the problem namely: 1) how form of liability in case of loss on consumers due to consume products in parcels. 2) how does the dispute resolution mechanism that creates consumer losses resulting from consuming products in parcels. This presentation method using empirical legal research, sociological issues in IE approach using an approach based on the provisions of the law and legal developments on a periodic basis. Liability in the event of the occurrence of harm on consumers due to consume products in parcel is a party – the party that made a mistake and led to losses. Parties – parties that are manufacturer, businessmen and parcel delivery service. Sanctions according to the civil code, namely compensation or administrative sanction and according to the criminal law, namely criminal confinement 5 years in prison. Consumers are dispute resolution mechanism gives rise to loss due to consume products in gifts can be made in litigation or non litigation. In trade parcels expected all parties to know about their respective responsibilities so that would not be incurred losses against consumers who consume parcels.]]>
<![CDATA[Tinjauan Yuridis Terhadap Tindak Pidana Perkosaan Dalam Perspektif Hak Asasi Manusia ]]>
<![CDATA[Kadek Dwi Novitasari]]>;
<![CDATA[Ida Ayu Putu Widiati]]>;
<![CDATA[I Nengah Laba]]>
<![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.2.3.2020.388-392
<![CDATA[Abstract—Rape crime is the most common case in Indonesia. Rape is a crime that is very cruel, immoral, despicable and violates the norm where the victims are women both adults and minors. Rape violates Human Rights especially for women. The formulation of the problem raised is how to protect the law of women who are victims of rape in the perspective of human rights and how criminal sanctions are applied to perpetrators of rape crimes. This type of research is a research with a legal and conceptual problem approach. The results of this study indicate that legal protection that can be given to women who are victims of acts of sexual violence / harassment is stipulated in Article 285 of the Criminal Code and Law No. 13 of 2006 specifically in Article 5, Article 8, and Article 9 which are generally in the form of protection and rights of witnesses and victims. Victims of sexual violence have rights that must be enforced, hurt, suffering, fear, and various kinds of adverse effects that befall him after rape and need serious attention. While criminal sanctions against perpetrators of criminal acts of rape have been regulated in general in Article 285 of the Criminal Code which faces a sentence of twelve years in prison.]]>
<![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[Pelaksanaan Tanggung Jawab Sosial Perusahaan Pada BPR di Kabupaten Badung ]]>
<![CDATA[I Putu Bayu Pramana]]>;
<![CDATA[I Made Arjaya]]>;
<![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.2.3.2020.304-309
<![CDATA[Abstract—The company is a place where it aims to improve the lives of the people. In its development in the economic and business sectors the role of the company in terms of improving the country's economy is a responsibility of each company, in this case it is called corporate social responsibility (CSR). In this study, focusing on the implementation of CSR in BPR in Badung Regency, where the BPR is expected to be able to prosper the surrounding community and carry out the mandate of the PERDA of Badung Regency No. 6 of 2013 concerning Corporate Social Responsibility. From this background two problems can be formulated, namely: 1). What is the regulation of social responsibility (CSR) in the annual BPR activity plan in Badung Regency? 2). What is the implementation of the annual activity plan that regulates social responsibility (CSR) in rural banks in Badung Regency? the method used is empirical research method, which is research directly in the field. The results of this are social responsibility is the company's commitment to improving the economy of the community that benefits the company and the general public, where the regulation of corporate social responsibility in BPR in Badung Regency is Law No. 40 of 2007 concerning Limited Liability Companies, PP No. 47 of 2012, and Badung District Regulation No. 6 of 2013. In its implementation social responsibility (CSR) in BPR in Badung Regency has been running well as in terms of education providing scholarships to outstanding students and the introduction of banking products to the local community.]]>
<![CDATA[Pembuktian dan Penjatuhan Putusan Pidana Terhadap Terdakwa Tindak Pidana Penganiayaan (Studi Kasus Putusan Nomor 26/Pid.B/2016/Pn.Tab.) ]]>
<![CDATA[I Putu Hendra Setyawan]]>;
<![CDATA[I Made Arjaya]]>;
<![CDATA[Diah Gayatri Sudibya]]>
<![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.2.3.2020.310-314
<![CDATA[Abstract—Crime is an act or series of acts that can be subject to criminal law. One form of crime is persecution. Persecution is a form of harming or torturing people or intentionally reducing and damaging the health of others. The main problem is how the application of sanctions for criminal acts of abuse by public prosecutors and how the judges consider in the case of criminal acts of abuse. The research method used in writing this thesis is a type of normative legal research. Whereas the approach uses the conceptual approach, the legal approach and the case approach. The application of criminal sanctions for maltreatment by public prosecutors refers to article 351 paragraphs (1) of the Criminal Code which has been adjusted to article 3 of the Supreme Court Regulation of the Republic of Indonesia No.2 of 2012 concerning adjustments to the limits of minor criminal offenses and the amount of fines in KHUP. Whereas the judge considers each indictment from the public prosecutor, the defendant has fulfilled a single indictment and is based on the process of examining evidence, namely testimony of witnesses, letters, statements of the defendant, instructions, and evidence. In the trial the facts that ordinary crimes had been committed were proven. Thus the Panel of Judges ruled with a sentence of 4 (four) months imprisonment.]]>
<![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[Penguasaan Hak Atas Tanah Oleh Orang Asing Berdasarkan Perjanjian Pinjam Nama (Nominee) ]]>
<![CDATA[I Wayan Pebriyana]]>;
<![CDATA[I Nyoman Putu Budiartha]]>;
<![CDATA[I Putu Gede Seputra]]>
<![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.2.3.2020.326-330
<![CDATA[Abstrak—Penggunaan perjanjian nominee yang merupakan perwujudan adanya suatu perikatan. Perwujudan nominee ada pada surat perjanjian yang dibuat oleh WNA dan WNI sebagai pemberi kuasa, dalam perjanjian itu bermaksud untuk memberikan kewenangan terhadap WNA selaku penerima kuasa dalm melakukan perbuatan hukum terhadap tanah yang tidak dapat dimilikinya yaitu hak milik. Ada dua masalah dalam penelitian, yaitu: (1) Mekanisme penguasaan hak atas tanah oleh orang asing, (2) Kekuatan hukum penguasaan hak atas tanah berdasarkan perjanjian pinjam Nama (Nominee). Tujuan penelitian untuk memahami mekanisme penguasaan hak atas tanah yang dilakukan oleh orang asing dan untuk mengetahui kekuatan hukum dari penguasaan hak atas tanah oleh orang asing berdasarkan perjanjian pinjam nama (nominee). Metode penelitian menggunakan penelitian hukum normatif dari studi pustaka atau hokum positif yang berlaku. Berdasarkan penelitian diketahui bahwa: (1) Penguasaan hak atas tanah oleh WNA dilakukan dengan hak pakai dan hak sewa, dan adanya suatu perjanjian pinjam nama, nama WNI dicantumkan di sertifikat hak milik. (2) Kekuatan hukum pernjanjian pinjam Nama dilihat dari Pasal 1338 Ayat 1 KUHPerdata, setiap perjanjian dibuat secara sah berlaku sebagai Undang-undang.]]>
<![CDATA[Praperadilan Penetapan Status Tersangka Dalam Dugaan Tindak Pidana Korupsi ]]>
<![CDATA[Ilham Firdaus]]>;
<![CDATA[Anak Agung Sagung Laksmi Dewi]]>;
<![CDATA[NI Made Sukaryati Karma]]>
<![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.2.3.2020.366-371
<![CDATA[Abstract—Pretrial is the authority of the District Court about examining, deciding whether or not the arrest or detention is valid, whether or not the termination of the investigation or termination of the prosecution is legal, and the request for compensation or rehabilitation. The Constitutional Court has determined that new pretrial objects include the validity of the determination of suspects, searches and seizures. This research was conducted, namely to examine the challenges of the Court's decision Number 21 / PID.PRAP / 2017 / PN.DPS regarding the determination of the status of suspects in suspected corruption, while the problem is (1) on the basis of consideration of the judge who canceled the suspect's status? (2) What are the legal consequences of the pretrial decision? In this study, the author uses a normative legal research method and a statutory approach that uses a conceptual approach. The source of legal material is the primary legal material in the form of KUHAP, Law No. 20 of 2001, and Law No.48 of 2009, and secondary legal materials are literature and legal journals that have to do with problems, then analyzed qualitatively and presented in the form of analytical descriptive. The status of the suspect must be based on sufficient initial evidence or preliminary evidence, the provisions clearly stipulated by the Criminal Procedure Code. Determination of suspects in criminal acts of corruption must be proven by the existence of real state financial losses that have existed or arisen meaning, official audits issued by the BPK as a basis or reference to prove the existence of state financial losses (SEMA Number 4 in 2016). Proof and consideration see the absence or absence of sufficient initial evidence, it is not impossible due to the legal determination of the status of the suspect is not valid.]]>
<![CDATA[Peranan Badan Narkotika Nasional (BNN) Dalam Upaya Pencegahan Terhadap Tindak Pidana Narkotika ]]>
<![CDATA[Ida Bagus Trisnha Setiaawan]]>;
<![CDATA[Ida Ayu Putu Widiati]]>;
<![CDATA[Diah Gayatri Sudibya]]>
<![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.2.3.2020.361-365
<![CDATA[Abstract—Narcotics is a substance that can make anyone who consumes it lose consciousness and various adverse effects can be caused from this drug because it contains both centric and semi-sentimental plants that affect brain performance until the disappearance of the pain that is felt but makes severe dependence, as for types and various types and this class of drugs has been attached to this Act. The formulation of the problem in this paper is how the duties and authority of the National Narcotics Agency in the act of criminal narcotics and what are the efforts of the National Narcotics Agency in the prevention of narcotics crimes. The research method used in this research is normative legal research; the author uses the main approach, namely the legislative approach to narcotics crime. By the National Narcotics Agency and enforcement practices and constraints that occur in eradicating narcotics crime faced by the National Narcotics Agency, the source of the author's legal material is obtained from a literature study of primary legal material and secondary legal material. The National Narcotics Agency is a non-ministerial government institution domiciled under the President and responsible to the President. The National Narcotics Agency has the duty and authority in the field of prevention and eradication and abuse of narcotics. The National Narcotics Agency encountered several obstacles in carrying out its duties, which were not sufficient operational costs, inadequate facilities and infrastructure, and a lack of community participation in helping the National Narcotics Agency to prevent narcotics crime .]]>
