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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 483 Documents
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Kewenangan Pengadilan Negeri Memutus Perkara Praperadilan Mengenai Tidak Sahnya Penetapan Tersangka Ida Ayu Wayan Widyastuti; Anak Agung Sagung Laksmi Dewi; I Nyoman Gede Sugiartha
Jurnal Analogi Hukum Vol. 2 No. 3 (2020): Jurnal Analogi Hukum
Publisher : Fakultas Hukum Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/ah.2.3.2020.351-355

Abstract

Abstract—Pre-trial institutions have the purpose of providing certainty and controlling abuse of authority by law enforcement officials. Forced measures such as arrest, detention, search, confiscation, prosecution and determination of suspects carried out in accordance with the provisions of legislation are often used by law enforcement officials to obtain evidence. The problem raised is how is the regulation of the authority of the district court to decide the pretrial lawsuit? How is the procedure for hearing a pretrial hearing? This research is a study that examines legislation as an effort to answer existing problems. The authority of the district court checks and decides on a pretrial case in accordance with what is stipulated in article 77 of the Criminal Procedure Code. While the procedure for examining pretrial hearings is the procedure that must be fulfilled, namely Submission of pretrial applications, Application for registration in pretrial cases, Head of District Court Immediately Appoints Judges and Registrars, Examinations are conducted with a single judge. Law enforcement agencies, in this case the police as one of the justice enforcement agencies must be carried out by its members responsibly and carried out wholeheartedly and in accordance with the laws and regulations. The community as being protected must have a critical nature and at least know the inspection procedures in the police so that they understand their rights when dealing with the law .
Kedudukan Cucu Sebagai Ahli Waris Pengganti Dalam Hukum Waris Islam (Studi Kasus Nomor: 0013/PDT.P/2015/PA.DPS) Ida Ayu Adi Iin Yuliandari; I Ketut Sukadana; Diah Gayatri Sudibya
Jurnal Analogi Hukum Vol. 2 No. 3 (2020): Jurnal Analogi Hukum
Publisher : Fakultas Hukum Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/ah.2.3.2020.346-350

Abstract

Abstract—Of all the current laws, inheritance law has a very important role and even determines and reflects the kinship system that has prevailed in that society. Lately there have been many disputes arising from the death of the heirs before the heirs. The case is sought out by forming a substitute heir concept. Legal issues regarding substitution of heirs are one of the concepts of renewal in the Compilation of Islamic Law. The concept of substitute heirs aiming to find a sense of justice for heirs. The formulation of the problem raised is (1) What is the position grandchildren as substitut heeirs in Inslamic intheritance law system according to the Compilation of Islamic Law, (2) How is the judge's judgment on the position of grandchildren as substitute heirs in the Determination of Denpasar Religious Court Number 0013/Pdt.P/2015/PA.Dps. In this research using normative legal research, namely in the study systematically process library materials and related decision files. In this study it can be concluded that the position of grandchildren as substitute heirs in the Islamic inheritance system according to the Compilation of Islamic Law based on the Determination of the Denpasar Religious Court Number 0013/Pdt./2015/PA.Dps that the grandchildren can replace the position of their parents as heirs, because based on Article 185 paragraph (1) Compilation of Islamic Law, a person can inherit because the replacement of the place is the person who is replaced musthave passed away earlier than the heir.
Eksistensi Pengadilan Pajak Dalam Penyelesaian Sengketa Pajak I Wayan Sentana Gotama; Ida Ayu Putu Widiati; I Putu Gede Seputra
Jurnal Analogi Hukum Vol. 2 No. 3 (2020): Jurnal Analogi Hukum
Publisher : Fakultas Hukum Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/ah.2.3.2020.331-335

Abstract

Abstract—Tax is one of the sources of state revenue for national development, the collection of which can be imposed based on legislation. In practice, there are often differences in interpretation between tax authorities and taxpayers in understanding the laws and regulations that can lead to tax disputes. As for the formulation of the problem in this study: how is the position of the Tax Court in Indonesia? What constraints hamper the tax dispute resolution process in the Tax Court? This research is expected to expand public legal knowledge, especially regarding the tax court and the realization of a professional, independent and trusted Tax Court. This research is normative research with conceptual approach and legislation. Based on the results of the study, it can be concluded that: 1) The position of the Tax Court is in two (2) institutions, namely technical-judicial guidance by the Supreme Court and organizational, financial, and administrative guidance by the Ministry of Finance. This dualism has caused many parties to doubt the independence and independence of the Tax Court. 2) Constraints in the tax dispute resolution process in the Tax Court are the place of residence of the Tax Court which only exists in the Capital of the State and there are administrative sanctions in the form of fines of 100% (one hundred percent) if the taxpayer's appeal is partially granted or rejected.
Sanksi Pidana Terhadap Tindak Pidana Pemalsuan Surat pada Data Polis Asuransi I.G.A Bela Indah Komala Yusianadewi; I Nyoman Putu Budiartha; Made Minggu Widiantara
Jurnal Analogi Hukum Vol. 2 No. 3 (2020): Jurnal Analogi Hukum
Publisher : Fakultas Hukum Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/ah.2.3.2020.341-345

Abstract

Abstract—The crime of forgery of a letter is a criminal offence that resulted in the implication of truth and trust of the people. The offender wears a fake letter aims to gain an advantage for him. The crime of forgery of a letter that often occurs is the falsification of data insurance policy. An insurance policy is an agreement or insurance coverage is consensual (agreements), should be made in writing in a deed between the parties to the Treaty. As for the problem formulations used in this study are 1. How are the criminal sanctions arrangements for forgery of insurance policy data? 2. What is the legal responsibility of the insurance company for forgery of insurance policy data? this research using the normative legal research that aims to examine the legal certainty based on the result of the study of literature or the positive law in force. Legal materials collection technique begins by reading the law on counterfeiting a letter and by the method of record keeping. From the results of research and discussion of known forgeries of his own letters are listed in section 263 subsection (1) of the criminal code and section 263 subsection (2) of the criminal code which set about a criminal offence the use of fake letters, whereas the type of letter itself is regulated in article 264 of the criminal code and Act No. 40 of the year 2014 about perasuransian.
Perlindungan Hukum Terhadap Pelanggar Privasi Konsumen Dalam Jual Beli Online Komang Pande Angga Tridipta; I Nyoman Sujana; Ni Made Puspasutari Ujianti
Jurnal Analogi Hukum Vol. 2 No. 3 (2020): Jurnal Analogi Hukum
Publisher : Fakultas Hukum Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/ah.2.3.2020.356-360

Abstract

Abstract—Electronic media is one of container to communicate also to do a business with way to use it internet media. To through internet media some types act criminal easy be done. Technology also it’s attend internet be seen from corner view economy can to easier us in to do economy activity. While if seen from corner view law technology also with it’s attend this internet can become indication it’s appear phenomenon the law that can caused its emerge the criminal act new. Research with title Law Protection In Breaker Consumer's Privacy online trading to own formula of How problem Law Protection In Infringement Consumer's Privacy in online trading and does Solution Quarrel In Privacy's Infringement Consumer online trading. This research to use it research Type method and problem approach, Law Material Source, the Technique of law material-collection, and Law Material Analytical. Decomposing To be based and the research result discussion that be done so can be pulled conclusion that activity sold buy online has difference with transaction sell buy conventionally. Form law protection in infringement consumer's privacy in selling transaction buy online to be explained as law problems in transaction scope online trading that is Privacy, Subject's Authority Law and Object Transaction e-commerce. Quarreling solution in privacy's infringement consumer online trading be done with litigation (justice).
Pelaksanaan Kewenangan Kejaksaan Negeri Denpasar dalam Penuntutan Tindak Pidana Narkotika oleh Anak Komang Ayu Sintia Dewi; I Nyoman Putu Budiartha; I Nyoman Gede Sugiartha
Jurnal Analogi Hukum Vol. 2 No. 3 (2020): Jurnal Analogi Hukum
Publisher : Fakultas Hukum Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/ah.2.3.2020.283-287

Abstract

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.
Tindak Pidana Pelaku Penyebaran Konten Pornografi Terhadap Anak Dibawah Umur Komang Wiraguna; Anak Agung Sagung Laksmi Dewi; I Made Minggu Widyantara
Jurnal Analogi Hukum Vol. 2 No. 3 (2020): Jurnal Analogi Hukum
Publisher : Fakultas Hukum Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/ah.2.3.2020.372-377

Abstract

Abstract—The child becomes part of the successor Nations largely determine the fate of the whole nation in the future; all children in the world have the right to obtain the right to continue to evolve. Within the community often encountered that child becomes the perpetrator of a criminal offence the dissemination of Pornographic Content that is a legal issue that concerns about a picture, photo, video, illustrations, sketches, containing about lewd action according to Law Number 44 the year 2008. Children who are bound in criminal cases will be processed for criminal justice in adili special children in accordance with the Law Number 11 of the year 2012. Children who have committed criminal acts will be given legal protection. The purpose of this research in order to find out how legal consequences for a child who spread pornographic content as well as the consideration of judges in meting out the verdict. The writing is pendektan because it uses the normative legislation and comparative law. In the trial the judge defending children is a children's judge.
Tanggungjawab Dokter Terhadap Pasien dalam Perjanjian Terapeutik Komang Ayu Windy Widyastari Putri; I Nyoman Putu Budiartha; Desak Gde Dwi Arini
Jurnal Analogi Hukum Vol. 2 No. 3 (2020): Jurnal Analogi Hukum
Publisher : Fakultas Hukum Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/ah.2.3.2020.315-319

Abstract

Abstract—Humans are living being who have the right to get a good and healthy environment and are entitled to health services. According to article number 36, 2009 about Health, Therapeutic Agreement which is the relationship between doctor and the patient that allow doctor to conduct giving healthcare to the patients according their skills. The background of this paper is because there is an agreement of therapeutic between doctor and patient. The problem rise: 1. what is the law regulation of Therapeutic agreement between doctor and the patient in medical services? 2. How is the civil law and criminal law responsibility between doctor and the patient in therapeutic agreement? This paper is also intended to know about doctor’s responsibility to the patient of therapeutic agreement. Normatic law scientific method is used in writing this paper with statute approach, conceptual approach, and document approach. The source of law study primary secondary, secondary and tarsiers. The conclusion is the terapeutik agreement between doctor and patient is listed under the article of doctor’s responsibility of therapeutical agreement in general can be divided into 3, (1) the act of law violation (Article 1365 Civil Code); (2) irresponsible or careless act (Article 1366 Civil Code); (3) The Responsibility of the Leader to their Ordinate (Article 1367 Civil Code). And added with number.36 Act of 2009 on health, article 56 paragraphs 1, 2, 3, article 57 paragraph 1, 2, article 58 paragraphs 1, 2, 3.
Tindak Pidana Penipuan Penerimaan Pegawai Negeri Sipil di Denpasar Livia Kusomo; Anak Agung Sagung Laksmi Dewi; I Wayan Arthanaya
Jurnal Analogi Hukum Vol. 2 No. 3 (2020): Jurnal Analogi Hukum
Publisher : Fakultas Hukum Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/ah.2.3.2020.399-403

Abstract

Abstract—Crime of CPNS fraud is common in both remote and urban areas. This is due to the large number of people who think that work as a civil servant is a safe and secure job. The discussion of this paper includes; What are the factors that lead to criminal acts of fraud from the point of view of law and society, how are sanctions and responsibilities of perpetrators of criminal acts of fraud CPNS. This research is normative research. Legal materials obtained from from the Warmadewa University Faculty of Law Library and the Krisna Law Office Library. Factors influencing fraudulent acts are lack of burden of sanctions or lack of commensurate penalties and poverty factors. Case studies in this paper are taken from the decisions of the Denpasar District Court (Decision Number: 382 / PID.B / 2018 / PN DPS); perpetrators of criminal offenses of CPNS that were enforced article 378 of the Criminal Code concerning fraudulent crimes with sanctions of a maximum of four (4) years in prison. This type of fraud can damage the character and morals of the nation, so the government should pay more attention to it and for the perpetrators to be given appropriate punishment in order to get a deterrent effect. The community is also expected to help law enforcement officials by reporting it if they know that this action was carried out and that law enforcement officers should provide protection for informer.
Kekuatan Alat Bukti Akta Otentik Dalam Pembuktian Perkara Perdata Komang Ayuk Septianingsih; I Nyoman Putu Budiartha; Anak Agung Sagung Laksmi Dewi
Jurnal Analogi Hukum Vol. 2 No. 3 (2020): Jurnal Analogi Hukum
Publisher : Fakultas Hukum Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/ah.2.3.2020.336-340

Abstract

Abstract—Authentic deed is a deed in the form determined by law, made by or in front of the general employees in power for that place where the deed is made, and as for general officials who are authorized to make authentic deeds, namely a Notary or PPAT. The main issue is how the power of authentic deeds is proven in civil cases and how the notary's responsibility for authentic deeds is null and void. The research method used is a type of normative legal research. While the problem approach which is the approach to the conceptual approach problem, is done by examining the views that occur in the development of legal science and the legislative approach, carried out by examining the legal aspects that have a relationship with the legal issues examined. The value of the power of outward proof, the strength of formal proof and the strength of material proof are those covered by an authentic deed. Responsible for negligence and mistakes in the contents of the deed made before him are the responsibility of the notary. In the world of notoriety there are 2 types of sanctions, namely civil sanctions and administrative sanctions. The sanction is imposed on the notary if the deed he has made is an error or a violation of the law, besides that it can also make the deed null and void.

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