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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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Pemberantasan Pungutan Liar Sebagai Tindak Pidana Korupsi Pada Dinas Perhubungan Kabupaten Badung Pramesti, Ni Komang Laksmi Ari Widya; Nahak, Simon; Arthanaya, I Wayan
Jurnal Analogi Hukum 57-61
Publisher : Fakultas Hukum Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/ah.3.1.2021.57-61

Abstract

Corruption is an extraordinary crime (extraordinary crime) of the government and when law enforcement in its handling must have a strong determination and power. One of the criminal acts of corruption is illegal levies, acts of retribution which are a social phenomenon that existed before the Indonesian State became independent. Along with the development of technology and information on developments in the era of globalization has a huge influence on human life and civilization. Stimulates the human mind, giving rise to various problems that have positive and negative effects. These problems can be examined as follows: 1) what is the role of the community in eradicating Illegal Levies as a Corruption Crime? 2) How is Law Enforcement of Illegal Levies as a Corruption Crime at the Badung Regency Transportation Service? This presentation uses Empirical research methods, and requires primary data as the main data in addition to secondary data. The role of the community in efforts to prevent and eradicate Corruption Crime is contained in article 41 (1) Law No. 20 of 2001 changes to Law No. 31 of 1999 The Corruption Act which we know more about the Law on the Eradication of Corruption Crime. Prevention and eradication of Corruption Crimes in the form of seeking, obtaining, providing data or information on Corruption Crimes and the right to submit suggestions and opinions responsibly for the prevention and eradication of Corruption Crimes. Wild levies are actions that are intentionally carried out to enrich themselves, groups, or corporations.
Visum et Repertum Sebagai Alat Bukti Dalam Tindak Pidana Penganiayaan Cahyani , Ni Putu Mega; Sujana, I Nyoman; Widiantara, Made Minggu
Jurnal Analogi Hukum 122-128
Publisher : Fakultas Hukum Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/ah.3.1.2021.122-128

Abstract

Visum et Repertum is a written statement made by doctors in forensic medicine regarding medical examinations of humans, made based on their knowledge and under oath for pro yustitia interests. As for the formulation of the problem in this case 1) how is the strength of the proof of Visum et Repertum as evidence in cases of criminal acts of abuse? 2) What effect does it have on Visum et Repertum having differences with the testimony of the defendant in a criminal act of persecution? The method in this study is a type of normative legal research, namely by conducting an assessment based on legal materials from the literature. While the problem approach used is the Legislation approach, Conceptual approach and Case approach. Visum et Repertum is a documentary evidence as stipulated in Article 184 paragraph (1) of the Criminal Procedure Code and Article 187 letter c of the Criminal Procedure Code and has a strong evidentiary power because it is able to prove the element of abuse in the case study decision No. 586/Pid.B/2018/PN Dps. The consequences arising if Visum et Repertum has a difference with the information given by the Defendant are that the information can be revoked and a re-examination of Visum et Repertum can be carried out if the Defendant is proven to give a false confession. In order for Visum et Repertum to have strong evidentiary power, it is necessary to regulate the standardization and form and arrangement of Visum et Repertum in a statutory regulation.
Pengaturan Predatory Pricing Transportasi Online Dalam Perspektif Hukum Persaingan Usaha Restiti, Ni Putu Yuley; Mahendrawati, Ni Luh; Karma, Ni Made Sukaryati
Jurnal Analogi Hukum 129-134
Publisher : Fakultas Hukum Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/ah.3.1.2021.129-134

Abstract

In the business world, competition between business people is common. Business actors that conduct fair business competition will have a positive impact on the course of competition between other business actors. However, in reality there are also business actors who conduct business competition in unhealthy ways that will adversely affect the balance in business competition. The problems of this study are: 1) What is the predatory pricing arrangement in business competition in Indonesia and 2) What is the relevance of promotion as an online transportation marketing tool for legal arrangements for predatory pricing. The research method used is a normative legal research method so that the problem approach used is the legal, conceptual, and case approaches and uses primary and secondary legal materials. So that legal material collection techniques used are documentation techniques by processing and analyzing legal materials that have been collected using legal arguments. As for the results of this research are the regulation regarding the prohibition on practicing predatory pricing is contained in Article 20 of Constitution No. 5 of 1999 concerning Prohibition of Monopolistic Practices and the relevance of promotion as a means of online transportation marketing to the legal arrangements of predatory pricing in Constitution No. 5 of 1999 which has not regulated excessive promotion at a very low price which can lead to elements of predatory pricing practices.
Perlindungan Hukum Terhadap Tenaga Kerja Indonesia di Luar Negeri Dewi, Ni Kadek Sintia; Arini, Desak Gde Dwi; Suryani , Luh Putu
Jurnal Analogi Hukum 37-41
Publisher : Fakultas Hukum Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/ah.3.1.2021.37-41

Abstract

Indonesian Workers, hereinafter referred to as TKI, are every Indonesian citizen who meets the requirements to work abroad in employment relations for a certain period of time by receiving wages. In the case of the placement of overseas Indonesian Workers held by Indonesian Manpower Services Companies must be in accordance with the terms and procedures specified in the legislation. After the terms and procedures are fulfilled, a work agreement is made concerning legal protection for the rights of Indonesian Workers. With the employment agreement, Indonesian Workers who work abroad will receive legal protection at pre-placement, placement and after-placement. The problem in this study is regarding the regulation of employment agreements and placement of Indonesian workers abroad and forms of legal protection for Indonesian workers abroad. The research method used in the discussion of this paper, the authors use the main approach, namely the Statute Approach and the Conceptual Approach as supporting the legislative approach, the source of the legal material for writing is obtained from the literature with the type of legal material in the form of material primary law and secondary legal material. The results of this study found that the weak protection of Indonesian workers is due to two main factors, namely the implementation factor of the protection law issued by the government does not work as it should, and a weak coordination factor between related stakeholders.
Wewenang Notaris Membuat Surat Kuasa Membebankan Hak Tanggungan (SKMHT) Menggunakan Blanko Yang Disediakan Oleh Badan Pertanahan Republik Indonesia Sari, Ni Made Arnita; Sumardika , I Nyoman; Ujianti , Ni Made Puspasutari
Jurnal Analogi Hukum 62-67
Publisher : Fakultas Hukum Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/ah.3.1.2021.62-67

Abstract

A notary is a public official who is authorized to make authentic deeds, and one of his authorities is to make a Power of Attorney to Charge Mortgage Rights hereinafter referred to as SKMHT. The authority of a notary to be able to make SKMHT can be done by making his own notary deed that has been prepared by a notary issued by National Land Agency of the Republic of Indonesia. A notary is a public official whose sole authority is to make an authentic deed regarding all acts, agreements and stipulations required by a general regulation or by an interest desired to be stated in an authentic deed. The formulations of the problems used are: 1. Is the power of attorney to impose mortgage rights (SKMHT) made by a Notary using the form provided by the National Land Agency of the Republic of Indonesia is not an authentic deed? 2. What are the legal consequences if the power of attorney to impose mortgage rights (SKMHT) made by a notary using the form provided by the National Land Agency of the Republic of Indonesia? The research method used in this study is a type of normative legal research. The approach adopted to discuss the problems in this study is through the statute approach and the conceptual approach. So the Notary is authorized to make SKMHT as stipulated in Article 15 paragraph (1) UUHT, but if the SKMHT he uses the SKHMT form provided by the Republic of Indonesia BPN, then the SKHMT he made does not fulfill the provisions of Article 38 UUJN, so the SKMHT Deed he made is not Authentic Deed, but only in the form of Deed Under the Hand. As a result of the law if the SKMHT made by the Notary uses the SKHMT form provided by the Republic of Indonesia BPN, it will result in a Notary, SKMHT made by a Notary null and void
Kebijakan Perlindungan Hukum Terhadap Konsumen Online Market Place Akibat Dampak Covid-19 Wiguna, I Made Amertha; Budiartha, I Nyoman Putu; Widiati, Ida Ayu Putu
Jurnal Analogi Hukum 135-141
Publisher : Fakultas Hukum Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/ah.3.2.2021.135-141

Abstract

The increasing number of online marketplace users continues to increase which also leads to increased crime, on the other hand the weak legal protection regulations. The formulation of the problem raised is How does the legal protection policy for online marketplace consumers impact Covid-19? What are the legal implications of the spread of covid-19 for online marketplace consumers? This thesis research is carried out using the normative research type. The results show that legal protection for consumers in online marketplace transactions has not been effectively carried out because in the UUPK regulations, the ITE Law, the Trade Law, PP PSTE, and PP PMSE, the contents of the regulations overlap and are inconsistent. Regulations on legal protection policies that are tailored to current and future needs are needed in order to protect consumers and support the operation of online marketplace transactions. Then provide a reference for the government as a material for consideration in order to improve legal protection policy regulations related to online transactions; 1) Fixing legal protection rules, 2) In making rules, it is necessary to involve private parties, 3) The need for good coordination between government institutions, 4) Carry out online consumer dispute resolution effectively using SiPENA.
Penyelesaian Wanprestasi Antara Bank dan Nasabah Melalui Mediasi di BPR Werdhi Sedana Gianyar Viswari , Vijayetta Sriratih; O'leary , Nella Hasibuan; Arini, Desak Gde Dwi
Jurnal Analogi Hukum 201-205
Publisher : Fakultas Hukum Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/ah.3.2.2021.201-205

Abstract

Increased public trust and interest in using bank services has resulted in many default disputes where legal protection of customer rights and regulations regarding dispute resolution that occur at a bank are required. Banking mediation is an option that is often used by banks to resolve default disputes that occur. As for the formulation of the problem (1) How is the legal protection of customers at BPR Werdhi Sedana Gianyar? (2) How is the settlement of default at BPR Werdhi Sedana Gianyar? The research used in the writing of this thesis uses empirical legal research by linking existing laws and regulations and the results of case studies. In the results of this study, the things that cause default at BPR Werdhi Sedana Gianyar, namely a decrease in turnover or bankruptcy which causes the debtor to be unable or late in fulfilling their obligations according to the agreed or determined time. Settlement of defaults used by BPR Werdhi Sedana Gianyar, namely by means of preventive (prevention) and repressive ways by issuing notification letters of arrears and warning letters, if the debtor has still not paid off his obligations, the last resort is by confiscation.
Proses Pembuktian Pada Tahap Penyidikan Tindak Pidana Ancaman Kekerasan Melalui Telepon (Study Kasus Di Polres Klungkung) Artana, I Putu Arya Wiguna; Dewi, Anak Agung Sagung Laksmi; Widyantara, I Made Minggu
Jurnal Analogi Hukum 142-146
Publisher : Fakultas Hukum Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/ah.3.2.2021.142-146

Abstract

In the era of globalization, many things that make human behavior and habits become changed from lifestyle to advanced thinking, the progress of the nation today becomes a positive thing but in the implementation the day-day, many people are still affected by technology based on information technology. The influence of social media in this community makes many lifestyle changes that are positive and negative. On the positive side, people quickly know the development in their country of residence, and from the negative side, many people think that it is lawful all means to achieve their life goals such as committing acts that harm many parties ranging from fraud to criminal acts. Each person can choose what will be done and the consequences obtained from the deeds done. The occurrence of unlawful acts certainly gets a commensurate reward but with a due process that is through various resistance such as investigation and proof. Which affects the evidentiary process in the level of investigation of perpetrators of violent threats through telephone media is the difficulty of giving directions to the victim to provide honest information, covering up the reason for the perpetrator to make threats, from the information before the investigators and the victim often cover up the problem that actually comes from the victim himself.
Tanggung Jawab Bank Terhadap Nasabah Atas Berkurangnya Dana Akibat Skimming Dalam Rekening Bank Shintadewi , Kadek Ayu Manik Gita; Budiartha, I Nyoman Putu; Widyantara, I Made Minggu
Jurnal Analogi Hukum 206-209
Publisher : Fakultas Hukum Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/ah.3.2.2021.206-209

Abstract

The progress of the banking system cannot be separated from the role of information technology. A crime related to banking that is currently being discussed is Skimming Skimming, which was carried out by stealing customer data stored in a magnetic strip on an ATM card and transmitted wirelessly.and 2 problem formulations,namely 1.How the bank's responsibility to customers for reduced funds due to skimming in bank accounts?2.What the process carried out by banks and customers for reduced funds due to skimming in bank accounts?type of research is normative legal research, the approach method is legislation, legal material collection techniques are to study, study and process legal material. The results of the study state that the bank as a business actor in the form of a legal entity is responsible for providing compensation for losses from consumers, namely customers due to service products provided, namely e-banking services through electronic media,efforts made by banks and customers for reduced funds due to skimming. the bank can tighten the security when transactions are carried out, especially at ATMs, for customers if they experience a skimming incident, they should immediately report it to the bank.
Mekanisme Pergantian Antar Waktu (PAW) Anggota Dewan Perwakilan Rakyat dalam Sistem Ketatanegaraan Indonesia Sonbay, Jon Samuel; Suryawan, I Gusti Bagus; Sutama, I Nyoman
Jurnal Analogi Hukum 147-151
Publisher : Fakultas Hukum Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/ah.3.2.2021.147-151

Abstract

in article 213 of the Act. No. 27 Of 2009 concerning the authority of Inter-Time Replacement had triggered a polemic because it was eliminated, raising the demands of the public who want accountable board members, both in terms of political performance and ethical behavior. Therefore, PAW itself is resurfaced by being regulated in Law No.13 of 2019. The problems of this study are: 1) How is the mechanism of Inter-Time Turnover of Dpr Members in the Indonesian State System? and 2) What is the existence of Inter-Time Change in the Indonesian democratic system?. The type of research and problem approach used is normative legal research. Primary and secondary sources of legal materials. The collection technique in this study is the library study technique. And collected and analyzed by interpretation. The result of this study is PAW from members of the House of Representatives conducted based on the rule of legal mechanisms stipulated in Law No. 27 of 2009. While the operational implementation is contained in the Regulation of the House of Representatives of the Republic of Indonesia Number 1/DPR RI/I/2009-2010 on The Code of Conduct.

Page 18 of 47 | Total Record : 463

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