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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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Status Mewaris Terhadap Anak Yang Lahir Dari Perkawinan Beda Agama Oktaviani, Ni Kadek; Widia, I Ketut; Sukadana, I Ketut
Jurnal Analogi Hukum 27-31
Publisher : Fakultas Hukum Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/ah.3.1.2021.27-31

Abstract

The diverse in Indonesia's society is widely open for any possibility of interfaith marriages, where interfaith marriages are Nomort strictly regulated in Indonesia Marriage-Law, causing a problem that related into the validity of marriage and in the status of inherited children that are resulting biological or adopted children and affinity from this different religion marriage. The formulation of the issue and obstacle is chose in this research is about how the legal status of the interfaith marriages according to Law Number 1 Year of 1974 and how the status inherits biological or adopted children and affinity from this different religion marriages. This research is a normative legal research by reviewing legislation and using Library Research Methods the results of the research regarding interfaith marriage in Indonesia according to Marriage Act in Indonesia are Nomort strictly regulated, the consequences of this law will lead to a dilution trough a legal obscurity and uncertainty in law. But related to marital status stated in Article 2 paragraph (1) of Indonesia Marriages Law, has referred to the laws of religion and their respective beliefs faith to determine a bond of the legal marriage. As for the interfaith couples who do the marriage through the establishment of a court then recorded in the Civil Registry Office, the marriage is considered as legitimate under the government law. Legitimate marriage is a justification for a resulting of biological or adopted children and affinity to be a legitimate child. The legal status of children born of interfaith marriages is a legitimate child provided the marriage has been registered according to the statutory regulations. Regarding inheritance resulting of biological from these interfaith marriages, the children has the right to be an heir. The Marriage Law does Nomort regulate the patrimony, but moreover are regulated in more specific in each of community religion law; customary law and other laws are basically carried out by agreement by both parties.
Perlindungan Konsumen Laundry Dalam Perjanjian Baku Pada Usaha Cha Cha Laundry Widiasih, Ni Nyoman Diah; Mahendrawati, Ni Luh; Arini, Desak Gde Dwi
Jurnal Analogi Hukum 96-100
Publisher : Fakultas Hukum Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/ah.3.1.2021.96-100

Abstract

A Service wash or known as laundry has made many people easier in working because it could save their daily life. However, most of the consumers are aggrieved by the standard form contract between two parties where the therms and contracts are set by one of the parties. The formulation of the problems in this study are 1. What is the form of consumer protection for laundry against laundry standard agreements? 2. What are the legal consequences if there is default on the laundry standard agreement? The research method used is an empirical method. In the case, this contract is set by the owner whose ability is higher to negotiate more favorable terms. Therefore, there is a need for legal protection for laundry consumers according to the Consumer Protection. Both parties-the owner and consumer-are wired to make deals if it is associated with the article 1320 on Indonesian Civil Code. The protections law for the consumer of the laundry service regarding to the standard form contract is the owner is obligated to pay damages if he/she is in default or tort. Whereas, if there is a default on laundry service’s strandard from contract, it can be canceled by law, because the owner should pay damages as the consumer has rights and obligations as had been regulated in article 4 and 5 of act number 8, 1999 on Consumer Protection.
Pelaksanaan Perjanjian Kredit Pada Lembaga Perkreditan Desa (Lpd) Adat Mengwi Wati, Ni Kadek Putri Candra; Mahendrawati, Ni Luh; Ujianti, Ni Made Puspa Sutari
Jurnal Analogi Hukum 32-36
Publisher : Fakultas Hukum Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/ah.3.1.2021.32-36

Abstract

The aim of the presence of the Lembaga Perkreditan Desa Adat Mengwi is to improve the standard of living of the peoples at Mengwi vilage and to support the development of the Mengwi Vil, one of the program carried out by the LPD Mengwi is to distribute funds in the form of credit. In order that the LPD Desa Adat Mengwi not only distribute credit for the local people in Desa Adat Mengwi however it discord with the LPD Desa Adat Mengwi rules. The LPD Desa Adat Mengwi give some previllage to the debtor who is not from Desa Adat Mengwi. In this pasper there are two issues, namely: 1. How the implementation of the credit agreement at Mengwi Village and, 2. How the efforts made by the LPD Mengwi if the debtor is make defaults. This resesarch use the empirical method with the field research and sociological approach. At the implementation of credit agreements at the LPD Mengwi using a standard form of agreement which is contained in the from of an authentic deed and underhanded deed and in the implementation of the loan agreement procedure at the LPD Mengwi is similar to the general credit agreement procedure. The differences is only the terms of the agreement and the settlement efforts that carried out by the the LPD Mengwi as a creditor in case the debtor make default are with the first few stages by giving the first warning letter, if the debtor does not give any respond to the warning letter then there will be be the second warning letter, and if the debtor still does not give any respond there will be the third warning letter. And if there is dtill no respond from the debtor, The LPD Mengwi as a creditor will give a reprimand letter. If there is still does not any respond to the reprimand letter, the guarantee will be seized.
Prosedur Dan Akibat Hukum Penundaan Kewajiban Pembayaran Utang Perseroan Terbatas (Studi Kasus Putusan Nomor 03/PKPU/2010/PN.Niaga.Sby) Juliantini, Ni Nyoman; Arjaya, I Made; Widiati, Ida Ayu Putu
Jurnal Analogi Hukum 101-105
Publisher : Fakultas Hukum Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/ah.3.1.2021.101-105

Abstract

Suspension of debt payment obligation institutions (hereinafter abbreviated as PKPU) and Bankruptcy Institutions are two complementary institutions in an effort to regulate debt payments. These two institutions can be used by debtors who have difficulty paying their debts. In addition to being able to be used by debtors, these institutions can also be used by creditors, and agencies that are authorized by law act for and on behalf of creditors. One of the cases resolved with the PKPU process that was filed without the application for a bankruptcy statement submitted by the creditor was the case of Decision No. 03 / PKPU / 2010 / PN.Niaga.Sby PT. Nikki Puri. The formulation of the problem raised in this study is; (1) what is the procedure for requesting a delay in the obligation to pay debt to a limited liability company? And (2) what are the legal consequences of the decision to postpone debt repayment obligations? This study is a normative study with a legal, conceptual and case approach. Based on the results of the study it can be concluded that 1) The procedure for submitting a PKPU application can be carried out after the application for a bankrupt statement and without a request for a bankrupt statement, by completing formal and substantial requirements 2) The legal effect of the PKPU decision on the legal status of the debtor is the limitation in taking action on his assets, to creditors, namely the position of preferred creditors and separatist creditors to be the same as concurrent creditors, especially in carrying out collateral execution and debt collection.
Peranan Lembaga Bantuan Hukum Dalam Penanganan Anak Yang Berhadapan Dengan Hukum di LBH Apik Bali Paramita, Ni Putu Ayu Prasetya; Dewi, Anak Agung Sagung Laksmi; Karma, Ni Made Sukaryati
Jurnal Analogi Hukum 106-110
Publisher : Fakultas Hukum Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/ah.3.1.2021.106-110

Abstract

Law violations continue to increase every year, even children become lawbreakers. Children as the next generation must be protected. Because Indonesia is a State of Law. Then the Law on Legal Aid provides legal protection for the poor. The problems of this study are 1) what is the role of LBH APIK BALI in dealing with ABH? 2) What is the effectiveness of the APIK BALI LBH in handling ABH? The research method used in this paper is empirical, namely primary data sourced from research in the field and secondary data sourced from library research in the form of legal materials. The results of the study can be concluded that: 1) LBH APIK BALI in dealing with ABH by providing assistance to children in the Litigation and Non Litigation circles. 2) LBH APIK BALI in handling ABH has not been effective, but it is in accordance with the SPPA Law. The importance of cooperation, lobbying with the government to protect ABH so that the rights of the ABH regarding the provision of legal assistance in the LBH APIK BALI are fulfilled.Keywords: Role, Legal Aid Institution, Child Criminal Justice System
Itsbat Nikah Terhadap Perkawinan yang Dilangsungkan Setelah Berlakunya Undang-Undang Nomor 1 Tahun 1974 (Studi Kasus Penetapan Pengadilan Agama Denpasar Nomor 0032/Pdt.P/2017/Pa.Dps) Andreni, Ni Ketut Desi; Sujana, I Nyoman; Sukadana, I Ketut
Jurnal Analogi Hukum 42-46
Publisher : Fakultas Hukum Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/ah.3.1.2021.42-46

Abstract

In Indonesia every Muslim person who conducts a marriage must register his marriage at Tahune Office of Religious Affairs, in accordance wiTahun Tahune prevailing laws and regulations. however, Tahune reality of Sirri marriage is still prevalent among Indonesians. Sirri marriage is legitimate in shari'ah but not in accordance wiTahun Tahune applicable marriage regulations. Tahune legal consequences of Tahune continuity of sirri marriage are Tahune absence of a marriage certificate so Tahunat it does not have legal strengTahun and certainty. WiTahun Tahune existence of Itsbat Marriage from Tahune Religious Court it will affect marital status, where Tahune marriage has legal force. Tahune formulation of Tahune problem raised is (1) how legitimate Itsbat Marriage is in Tahune siirri marriage which takes place after Tahune enactment of Law No. 1 of 1974, (2) how Tahune ratio of Tahune Judge Assembly of Tahune Religious Courts of Denpasar in granting Itsbat Marriage to Sirri marriage is carried out after Tahune enactment Law No. 1 of 1974. Tahunis study uses a type of normative research, namely in its study systematically processes library materials and related decision files. Tahune problem approach used is Tahune statute approach and case approach. In Tahunis study, it can be concluded Tahunat Tahune validity of Tahune marriage is seen from Tahune petition of Tahune applicant has sufficient legal grounds and has fulfilled Tahune requirements in accordance wiTahun article 7 paragraph (3), namely: marriage in order to settle divorce, loss of marriage certificate, doubt about wheTahuner or not one marital conditions, marriage Tahunat occurred before Tahune enactment of Law No. 1 of 1974, marriage carried out by Tahunose who have no marital barriers and Denpasar Religious Court Judge Receives and Grants Itbat Marriage because Tahune judge has a basic reason of benefit for Tahune applicant because of Tahune position of Tahune wife and children and during Tahune Sirri marriage fulfill Tahune terms and harmony of a marriage as regulated in articles 14 to 318 of Tahune Compilation of Islamic Law.
Perlindungan Hukum Hak Cipta Tari Pendet Menurut Undang-Undang Nomor 28 Tahun 2014 Nariasih, Ni Putu Epy; Mahendrawati, Ni Luh; Widiati, Ida Ayu Putu
Jurnal Analogi Hukum 111-115
Publisher : Fakultas Hukum Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/ah.3.1.2021.111-115

Abstract

The country of Indonesian has a variety of cultures that cause the tourism industry to develop very rapidly; often many Indonesian cultures are claimed by other countries. Related to this there are two main problems, namely: 1. how is protection of Pendet Dance copyright violations according to Law Number 28 of 2014? The research used is normative legal research with a statutory approach. The result of the study shows that Pendet art is a cultural heritage that needs to be protected. Copyright legal protection for Pendet dance in the legal protection that can be given is, namely conducting an inventory and documentary by compiling a database. Legal protection is given ina repressive and preventive manner. Repressive legal protection, namely legal protection efforts carried out by the state if there are claims from other countries on folklore in Indonesia, therefore the inventory and documentary effort that have been compiled in the database by the authorized ministry to do so. Copyright legal protection for folklore, especially in pendet dance in Indonesian is still not optimal. Namely by preservation and continue to introduce pendet dance folklore to the wider community for the richness of traditional culture owned by the Indonesian state. Legal consequences that can be made if there has been a copyright violation, then the enforcement of copyright law can be pursued through two paths. Namely the civilian route by filing civil lawsuits and criminal lines with criminal charges.
Perjanjian Pinjam Meminjam Uang Antara Renternir Dengan Konsumen di Pasar Desa Adat Mengwi Prihandani, Ni Ketut Diah; Arini, Desak Gde Dwi; Ujianti, Ni Made Puspasutari
Jurnal Analogi Hukum 47-51
Publisher : Fakultas Hukum Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/ah.3.1.2021.47-51

Abstract

The debts or lending money is one of those things that is never ended, in the practiced borrowed money related to loan shark and consumer borrowed to practiced of the money between loan shark and consumer, that is many to founded in Desa Adat Mengwi market which debt agrement among loan shark and consumer is agrement among the two parties is sometimes weaknes of law. So if a default occurs in this agrement it will be difficult to reselved, based on the problem, two problem statements can be formulated 1. How legitimate the loan agrement is between loan shark and consumer in the Desa Adat Mengwi market and, 2.What legal efforts will do if there is a default on consumers. In solving those problem, the settlement method used is an empirical research method. With research directly collecting data used through interview and used the sociology approach, from the result of real research. Legitimate lending and borroming agrements among loan shark and consumers in Desa Adat Mengwi market guided by justice, that is the evert of default between loan shark and consumer and debt agrement, this is the factor that from consumers thenselves and affort to solve that are used are non litigation or community.
Pewarisan Hak Atas Tanah Yang Dibebankan Hak Triani, Ni Komang Evic; Sukadana, I Ketut; Suryani, Luh Putu
Jurnal Analogi Hukum 52-56
Publisher : Fakultas Hukum Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/ah.3.1.2021.52-56

Abstract

Land ownership is the highest land rights in any country. Property Right apart from being transferred can also be borne by mortgages or used as collateral for debt repayment.Land ownership has economic value for human needs. Apart from being transferred, Land ownership can also be borne by mortgages or pledged as collateral for repayment of debt. Land ownership can be transferred because inheritance of acquired land and inheritance is important to be registered to obtain legal certainty. The formulation of the problem raised in this study is; (1) What is the process of inheritance of land rights imposed with Mortgage Rights? and (2) What are the consequences faced by creditors for the inheritance of rights to land that are charged with Mortgage rights? This study aims to determine the process of inheritance of land rights that are charged with Mortgage Rights. This normative study with a method of approaching the problem of legislation with a conceptual approach. Based on the results of this study can be concluded that the process of transferring land rights due to inheritance occurs because of law. Heirs have to pay all debts left by the heir. The consequences faced by creditors are to wait for the process of returning the name of the object to the mortgage. A certificate issued by a land office has the same legal force as a court decision.
Kedudukan Wanita Dalam Mewaris Setelah Adanya Keputusan Pesamuhan Agung Iii Majelis Utama Desa Pakraman Bali (Nomor 01/KEP/PSM-3/MDP Bali/X/2010) Pratiwi, Ni Putu Indah; Sudibya, Diah Gayatri; Karma , Ni Made Sukaryati
Jurnal Analogi Hukum 116-121
Publisher : Fakultas Hukum Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/ah.3.1.2021.116-121

Abstract

The survival of a society is guaranteed by marriage, which there is a legal heir. The existence of legal heirs in Indonesia is still not currently legal, as well as unification of Bali from a district with other counties could not be equated the inheritance system. Bali has a fatherly line that ispatrilinial, which causes only the descendants of the kapurusa's status as heir in the family. Then with the decision of the Supreme Pesamuhan III which describes possible female heir or heirs. Formulation of the difficulty in this study is how the situation of women in Bali in Bali where the inheritance in the family embraced the system patrinial and how the position of women of Bali after the promulgation of the decision of the Supreme Pesamuhan III MUDP. The type of research used in this study is normative legal research. Thus the legal heirs in Bali customs, women cannot inherit because she is not capable in undertaking its obligations, whether liability caring for parents or an obligation in customary and ayahan temples. Whereas after the Supreme Pesamuhan III MUDP Bali said women can fully inheriting like male although in that women marrying out but he had to keep running its obligations.

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