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Fakultas Hukum Universitas Warmadewa, Denpasar, Bali, Indonesia
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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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Pemberian Ganti Rugi Terhadap Pengadaan Tanah Oleh Pemerintah Untuk Kepentingan Umum Prabandari, Luh Nyoman Diah Sri; Arthanaya, I Wayan; Suryani, Luh Putu
Jurnal Analogi Hukum 1-5
Publisher : Fakultas Hukum Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/ah.3.1.2021.1-5

Abstract

Land purchasing is an activity taken by government in order to build public fasilities, purchasing also done by giving some compesation to society that affected. During purchasing activity never runs smooth , where mostly some people who gets land purchase is not santisfied with the amount of compensation that given by government. Regarding those matters, we may conclude there are 2 problems those are : 1. What Is the juridical basis for land acquistion in the public interest?, 2. How is the mechanism of compesation in land purchasing for public that held by goverment ?. Research that an be used to solve the problem is normatif research method by studying the valid rules. Juridis platform land purchasing is President policy no 71 year 2012 about land enforcement to public needs, the regulation no 2 year 2012 about land purchasing for public developing. Compensation mechanism on land purchasing must be based on the forum between committee and the right holder of the land or plants that’s exist on it, that during the interpretation or the quotation the amount of compensation should be agreed and must be based on the local public price.
Pelaksanaan Pengawasan dan Pengamatan oleh Hakim Pengawas dan Pengamat Dalam Pembinaan Narapidana di Pengadilan Negeri Denpasar Iswariyani, Ni Made Gita; Sujana, I Nyoman; Sudibya, Diah Gayatri
Jurnal Analogi Hukum 68-73
Publisher : Fakultas Hukum Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/ah.3.1.2021.68-73

Abstract

The development of technology and Informatics in Indonesia has grown rapidly resulting in crime took place very quickly. A person who commits a criminal offence and has imposed a verdict running criminal prison called inmates. The time penalty Convicts still have human rights that are guaranteed by law. Law enforcement in ensuring human rights requires the role of law enforcement officers. Supervisory judges and observers’ one of the law enforcement officers who have the task of supervising and observing the Court ruling which has had the force of law. Monitoring and observations made Justice of the supervisors and Observers is useful as an evaluation against the Court ruling and also towards the overthrow of the criminal and the construction of the inmates. Formulation of the problem in this study is How supervisory arrangements and observations by judges and observers in the construction superintendent of convicts and how implementation of supervisory judges and observers in Denpasar District Court in the construction of the inmates. The type of research used in the writing of this thesis is the empirical legal research conducted with research in the field. Setting the execution of the duties of judges and observers of the trustees listed in the Judicial Authority law, the law of Criminal Procedure Law, and Supreme Court Circulars. Implementation of Supervisory Judges and observers has been already executed in accordance with the provisions but not yet running smoothly overall.
Tanggung Jawab PT. POS Indonesia (Persero) Cabang Tabanan Terhadap Wanprestasi Pengiriman Barang Septyawati, Ni Made; Budiartha, I Nyoman Putu; Suryani, Luh Putu
Jurnal Analogi Hukum 74-78
Publisher : Fakultas Hukum Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/ah.3.1.2021.74-78

Abstract

Post is a written communication service and electronic mail, package service, logistics service, financial transaction service, and post agency service for public purpose. Regulation regarding the post is regulation number 38 in 2009 and Government regulation number 15 in 2013. But in the service post often defaultsin shipping goods. The formulation of the problem to be discussed ishow is legal responsibility Tabanan Post Office for default on consumers because of damage and loss of consumer goods and how default settlement between damaged and lost consumer goods by Tabanan post office. In conducting this research is used empirical research type that is trough field research. To accountthe actions Tabanan post office give compensation to consumers corresponding wiith regulation number 38 in 2009 and refers to the decision of the board of directors number KD 128/DITRATKET/0616 regarding compensation for domestic letters and packages.Legal responsibility of Tabanan post office for default on consumers for damage and loss of consumer goodsis by way of out of court, this mothod is achieved by riconcile the parties with an agreement where the parties are harmed service users to request compensation to Tabanan post officeand negotiate about the amount of compensation.
Pengenaan Pajak Pada Perjanjian Pengikatan Jual Beli Hak Atas Tanah Wijaya, Nadia Githa; Seputra, I PT. GD.; Suryani, Luh Putu
Jurnal Analogi Hukum 6-10
Publisher : Fakultas Hukum Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/ah.3.1.2021.6-10

Abstract

Buying and selling is an deal between the parties about paying a certain price of an item, with the aim of transferring ownership rights. in achieving legal certainty in the sale and purchase of land rights, the parties are bound by an agreement based on an agreement made before a notary. Considering Government Ordinance Number 24 of 1997 concerning Land Registration, the transfer of rights to land only arises after the issuance of a sale and purchase deed by the Land Deed Official, then vague norm arises related imposition of tax in the binding agreement on the sale and purchase of land rights. The formulation of the problem: 1. What is the process of binding agreement on the sale and purchase of land rights related to imposition of tax? 2. What is the form of tax imposition in the agreement to buy and sell rights to land? The research method used was Normative/Literature. Binding agreement on the sale and purchase of land rights is a pre-agreement made because it relates to the imposition of tax in the case of a transfer of rights to land that must be paid in advance to order carry out transactions in the Land Deed Official. The tax imposed in the binding agreement on the sale and purchase of land rights is the income tax for the seller and the Cost of Acquiring Land and/or Building Rights for the buyer.
Pembatalan Sertifikat Hak Milik Atas Tanah Akibat Cacat Administrasi Gayatri, Ni Made Silvia; Seputra, I Putu Gede; Suryani, Luh Putu
Jurnal Analogi Hukum 79-83
Publisher : Fakultas Hukum Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/ah.3.1.2021.79-83

Abstract

Land registration is held to guarantee legal certainty, the completion of land registration is the issuance of a Certificate. The strongest proof of Land Rights is the Certificate, but currently there are many certificates that are not in accordance with the procedure resulting in the issuance of certificates with legal defects or administrative defects, therefore, the authors conducted a study entitled Cancellation of Land Ownership Certificate Due to Administrative Disabilities. By using the formulations of the problem: 1) how is the basis for cancellation of certificate of land rights that are administratively flawed; 2) What are the legal consequences certificates of ownership rights on land with administrative defects. The research method used is a normative research method. In Minister of Agrarian Regulation No. 3 of 1999, article 1 point 12 explains that the basis for cancellation of a certificate can be canceled because the decree contains an administrative legal flaw. Defects Administrative law can be interpreted by a policy or procedure that is not in accordance with applicable law. If there is an administrative defect in the issuance of the certificate, the certificate can be submitted for cancellation. Cancellation of certificate can be through BPN and TUN. The canceled certificate can be renewed or re-registered.
Sanksi Pidana Terhadap Pelaku Tindak Pidana Penganiayaan yang Mengakibatkan Luka Berat Kusuma, Ngurah Arya; Dewi, Anak Agung Sagung Laksmi; Widyantara, I Made Minggu
Jurnal Analogi Hukum 11-16
Publisher : Fakultas Hukum Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/ah.3.1.2021.11-16

Abstract

Legal policy directions aimed at making the law as rules that provide protection for the rights of citizens and ensure the life of the generation in the future. In some countries the legal system in Indonesia varies, its legal system is still less well, in practice the country continues to experience a modernization of the State and no one else who can resist it. Criminal law in Indonesia being one of the very important guidelines in realizing a justice. The book of the law of criminal law (Criminal Code) is a strong basis in order to determine the Act illegal and has strict sanctions for those who break them. Acts of persecution that we've seen from a variety of sources into a sign that it does not escape from a less controlled society behavior be it due to low levels of education and the influence of the environment guidelines for less either. As for the formulation of the problem of how judges in Consideration of case of disconnect and torture that resulted in heavy cuts?, how is the criminal sanction in criminal acts and torture that resulted in severe injuries? The type of research conducted normative legal research. The basic consideration of the judge examines the truth of the case that dealt with advance, because the judges are required to enforce the law and justice, an impartial judge to give consideration in deciding a matter with The Almighty Godhead based and is earnest about things concerning the incriminating and lighten criminal. Criminal sanctions being dropped is imprisonment for 1 (one) year which reduced the period of detention.
Pemberatan Hukuman Terhadap Residivis (Studi Kasus Putusan Perkara Nomor 50/Pid.B/2018/PN.Tab) Paramitha, Ni Made Wahyuni; Sukadana, I Ketut; Karma, Ni Made Sukaryati
Jurnal Analogi Hukum 84-89
Publisher : Fakultas Hukum Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/ah.3.1.2021.84-89

Abstract

With existence of law expected by state Indonesia become peaceful state and can prevent the happening of crime. Its function criminal law arrange life of society to be can create orderliness of public. These time often met by various crime case conducted by recidivist, where the recidivist don’t discourage to penalization which he have against the punismentin prison previously. Research problems of this study are (1) How arrangement of law to recidivist according to positive law in Indonesia? ( 2) How base consideration of judge in breaking a recidivist? This research use approach of normatif that is with method approach of legislation, conceptual, and approach of case. Result indicate that: ( 1) Arrangement of law to recidivist according to Indonesian positive law is pursuant to section 486 Criminal code which enter in certain type of crimes, in section 486 Criminal code arrange about maximum crime from some criminal of which can added by 1/3 one-third because conducting repetition of or deed of recidive. ( 2) Base consideration of judge in breaking a recidivist that is in the balance punish Assembly Judge of Tabanan constitution its decision regarding have proven of validly and assure mistake of defendant of Section assertion 362 Criminal code have precisely and correctness. But regarding dropped crime penalization to defendant according to writer don’t in agreement with the decision because of existence of dimness of norm and also not yet fulfilled sense of justice and rule of law which where judge ought to add 1/3 one-third from maximum crime threat of fundamental because defendant a recidivist.
Perjanjian Perkawinan Sebagai Perlindungan Hukum Terhadap Harta Bersama Akibat Perceraian Ani, Ni Kadek; Budiartha, I Nyoman Putu; Widiati, Ida Ayu Putu
Jurnal Analogi Hukum 17-21
Publisher : Fakultas Hukum Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/ah.3.1.2021.17-21

Abstract

In living a household life, it is often that problems arise that cause disputes and end up with divorce between couples. The breakup of marriage will cause problems, one of which is the family's wealth. Marriage agreements are made to anticipate possible problems that occur in a marriage. The problem statement from this study is: (1) how is the arrangement of the Marriage Law in Law Number 1 of 1974 concerning Marriage? (2) How is the legal protection of common property after the verdict of the Constitutional Court Number 69/PUU-XIII/2015 in the event of a divorce? This study is a type of normative law research, since its assessment is carried out through a library study. The Regulation of Marriage Agreements in Law Number 1 of 1974 concerning Marriage, contained in Chapter V, Article 29. The Marriage Agreement was made before the marriage was held and valid since the marriage took place. After the verdict of the Constitutional Court Number 69/PUU-XIII/2015, the Marriage Agreement can be made after the marriage between the husband and wife takes place and must be recorded. This marriage agreement binds the husband, wife, and third party. Marriage agreements provide law protection for both husband and wife to their property if they have to divorce for a reason.
Pembuktian Tindak Pidana Intimidasi Melaui Media Sosial (Cyberbullying) Dewi, Ni Nyoman Ayu Pramita; Nahak, Simon; Widyantara, I Made Minggu
Jurnal Analogi Hukum 90-95
Publisher : Fakultas Hukum Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/ah.3.1.2021.90-95

Abstract

The problem faced by law enforcers to ensnare suspected Cyberbullying crimes is proof of the defendant's mistake. Electronic evidence is not recognized as valid evidence in the Criminal Procedure Code, but in practice electronic evidence is acknowledged as valid. The formulation of this research problem is: (1) How is the handling of mayantara crime (Cyberbullying) based on UU.RI.No 11 of 2008 concerning ITE (2) How is the proof of the crime of mayantara in accordance with applicable law in Indonesia? This writing uses a normative approach with the method of law approach, conceptual approach and case approach. The results show that: (1) Cyberbullying is a new type of crime with electronic means and in Indonesia itself is included in the category of defamation. The legal certainty of Cyberbullying is in article 27 paragraph (3) not in the provisions of article 310 of the Criminal Code based on the Constitutional Court Decision No. 50 / PUU-VI / 2008, Decision of the Constitutional Court No50-PUU-VI / 2008 confirms a Legal Certainty on Cyberbullying provisions. (2) in the system of proof of criminal acts of Cyberbullying which is still guided by the Criminal Procedure Code which in this case has not recognized electronic evidence as a legitimate evidence, but the use of electronic evidence as legal evidence is still used in some judicial practices, in special laws so the creation of material truth.
Implementasi Peraturan Walikota Denpasar Nomor 9 Tahun 2009 Tentang Penataan dan Pembinaan Pasar Tradisional, Pusat Perbelanjaan dan Toko Modern Dewi, Ni Kadek Diah Sri Laksmi; Mahendrawati, Ni Luh; Arini, Desak Gde Dwi
Jurnal Analogi Hukum 22-26
Publisher : Fakultas Hukum Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/ah.3.1.2021.22-26

Abstract

he development of the business world in Indonesia is fairly rapid, one of which is a network retail business or minimarket, so it spurs a variety of new problems relating to the practice of business activities in the field. So that the government must be able to make a regulation in order to prevent and overcome problems that will or are arising. The problems of this study are: 1) How to structuring and fostering traditional markets, shopping centers and modern stores based on Denpasar Mayor Regulation Number 9 of 2009 and 2) Does the existence of modern stores lead to monopolistic practices and unfair business competition. The research method used is the method of empirical legal research so that the problem approach used is a sociological or research approach with the aim of obtaining legal knowledge by plunging directly into the objectThe results of the study can be concluded that the Mayor of Denpasar Regulation Number 9 of 2009 concerning the Arrangement and Development of Traditional Markets, Shopping Centers, and Modern Stores does not make clear rules for minimarket businesses, so that if the development of the minimarkets is allowed to continue without any rules binding will become the center of monopolistic practices that have the potential to undermine fair business competition between traditional market traders and modern shop business people as well as between modern store business actors.

Page 16 of 47 | Total Record : 463

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