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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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Peran Mediasi dalam Penyelesaian Sengketa Sertipikat Gandadi Badan Pertanahan Nasional (BPN) Kabupaten Klungkung I Gede Agus Marta Dinata; Anak Agung Sagung Laksmi Dewi; Luh Putu Suryani
Jurnal Analogi Hukum Vol. 3 No. 2 (2021): Jurnal Analogi Hukum
Publisher : Fakultas Hukum Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/ah.3.2.2021.152-155

Abstract

Land or territory is the main element of a country. The magnitude of the influence of land on human life, makes the State obliged to guarantee legal certainty for the land rights even though these rights are still limited by the interests of other people, society, and the state. From the background, problems can be formulated such as 1). How is the dual certificate dispute resolution through mediation at the Klungkung Regency National Land Agency (BPN)? 2). What are the obstacles in resolving a double certificate dispute at the National Land Agency (BPN) Klungkung Regency? This research is empirical legal research by describing the law as law in action. The state policy on land tenure security was strengthened and its rights and obligations were regulated in the Basic Agrarian Law (UUPA) issued in 1960. Nevertheless, land issues cannot be spared from people's lives. One of the problems that often occurs is the existence of multiple certificates. In this case, the National Land Agency has an important role to play in resolving it.
Kedudukan Pengemban Jabatan Legal Officer dalam Menjamin Aktivitas Suatu Perseroan Terbatas I Made Yuda Suarmagita; Ni Luh Mahendrawati; I Gusti Ketut Sri Astiti
Jurnal Analogi Hukum Vol. 3 No. 2 (2021): Jurnal Analogi Hukum
Publisher : Fakultas Hukum Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/ah.3.2.2021.210-214

Abstract

A legal officer is a profession whose job is to take care of all documents, permits, and legal issues that occur within the company. This thesis raises problem formulations, namely How do you assume a legal officer position in guaranteeing the activities of a limited liability company?. How do you assume a legal officer position in guaranteeing the activities of a limited liability company? The research method used is Juridical-Normative. The research used by the author is a statutory approach, a conceptual approach, a case approach, an analytical approach, and a philosophical approach. The technique used is document study or literature study. The results of this study indicate that the position of the Legal Officer in the company is directly under the Board of Directors, given the function of the Legal officer in running a company to manage company documents which include documents, permits, documents, and legal steps that must be taken. taken if there are legal problems for both civil and criminal matters. The legal officer is also authorized to make adjustments to new regulations issued by the government relating to company operations, so that the legality of the company is still recognized by the government.
Fungsi Pengawasan Bank oleh Otoritas Jasa Keuangan dalam Penyaluran Kredit bagi Badan Usaha Milik Swasta I Komang Arya Wisnu Amerta; Ni Komang Arini Satyawati; Desak Gde Dwi Arini
Jurnal Analogi Hukum Vol. 3 No. 2 (2021): Jurnal Analogi Hukum
Publisher : Fakultas Hukum Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/ah.3.2.2021.156-160

Abstract

This study was conducted to describe the function of bank supervision by the OJK in the delivery of credit for private-owned enterprises, the follow-up of banks by the Financial Services Authority in credit supervision for private-owned enterprises? The research was conducted legally normatively. Sources of primary legal materials from applicable laws and regulations such as Law No. 21/2011. Secondary sources of legal materials from literature. The research analysis was conducted qualitatively and the results were presented descriptively. The results of the research that the function of bank supervision by the OJK in the delivery of credit for Private Owned Enterprises (BUMS) is following Article 6 of Law Number 21/2011 that bank supervision is carried out to encourage banks to consistently implement banking regulations and refer to the principle of prudence. As a follow- up to OJK's supervision in lending to BUMS, if there are difficulties or credit, OJK cooperates with Bank Indonesia as the Lender of Last Resort to overcome the problem of difficulties in maintaining banking security and ensuring the safety of customers as consumers.
Tanggung Jawab Perdata Pemborong Akibat Kegagalan Bangunan dalam Perspektif Hukum Positif Indonesia I Ketut Suardika; I Nyoman Putu Budiartha; Ni Made Puspasutari Ujianti
Jurnal Analogi Hukum Vol. 3 No. 2 (2021): Jurnal Analogi Hukum
Publisher : Fakultas Hukum Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/ah.3.2.2021.215-220

Abstract

The collapse of several buildings as reported by various media including the collapse of the Yellow Bridge in Nusa Lembongan Klungkung, the collapse of Kutai Kartanegara Bridge, the collapse of the perimeter of Soekarno Hatta Airport, the collapse of the stock trading center building of the Indonesia Stock Exchange (IDX). For this event, the Contractor who participated in its construction should be held accountable. The collapse of buildings outside the force majeure in UUJK 2/2017 is referred to as Building Failure. KuhPerdata, UUJK 2/2017 on Construction Services and its derivative regulations are positive laws that are still valid (ius constitutum) as the legal umbrella in the implementation of development arrangements. In this paper, it intends to review legal issues resulting from building failure by analyzing the relevant legal provisions in the Civil Code and Law No. 2 of 2017.
Penegakan Hukum Pidana Terhadap Penyelundupan Hewan Satwa I Gusti Ngurah Made Suradnya; Anak Agung Sagung Laksmi Dewi; Luh Putu Suryani
Jurnal Analogi Hukum Vol. 3 No. 2 (2021): Jurnal Analogi Hukum
Publisher : Fakultas Hukum Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/ah.3.2.2021.161-164

Abstract

Animals that must be protected where it gets protected by the government. Which in this case makes the public should not take actions that are not following the rules set by the government in this case against protected animals. If seen in article 1 number 1 law No. 5 of 1990 on Conservation of Natural Resources mentioned that individual animals are animals that grow and live on land, air, and water that have different wild properties, even those maintained by humans or live in the wild. The formulation in this study is as follows how is the legal regulation of animal smuggling and how are criminal sanctions against animal smuggling. The method used is a method of normative legal research. It is expected that the government and the people of Indonesia, in particular, to be willing to participate in protecting and eradicating people in terms of hunting protected wild animals, where it aims to keep rare animals around us sustainable
Pelaksanaan Perlindungan Hukum Terhadap Perempuan Sebagai Saksi Korban Kekerasan Dalam Rumah Tangga Andrie Eka Putra; Anak Agung Sagung Laksmi Dewi; Ni Made Sukaryati Karma
Jurnal Analogi Hukum Vol. 3 No. 2 (2021): Jurnal Analogi Hukum
Publisher : Fakultas Hukum Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/ah.3.2.2021.221-224

Abstract

Violence against women in general is a problem experienced by many women, especially if the violence occurs in the household, because the problem is still considered taboo and is still considered a family problem that is resolved kinship. This shows that there are still many female victims of domestic violence that keep their mouths shut and keep these problems tightly. The formulations of the problems raised are 1) What are the factors causing violence in the household, 2) How is the implementation of the law against women as witnesses of domestic violence in Denpasar District Court. The type of research used is the type of empirical research. The results of the discussion of this study are the factors that cause domestic violence to occur due to the lack of communication between husband and wife in the family which is a determinant of family harmony and the implementation of legal protection for women as witnesses of victims of domestic violence in Denpasar District Court. run effectively as stipulated in the legal provisions. So that law enforcement officers can resolve cases of domestic violence properly so that they can provide protection to women as victims of domestic violence.
Pemanfaatan Tanah Pekarangan Desa di Desa Adat Gelgel Kabupaten Klungkung Nyoman Andi Widjaya; I Nyoman Gede Sugiartha; Diah Gayatri Sudibya
Jurnal Analogi Hukum Vol. 3 No. 2 (2021): Jurnal Analogi Hukum
Publisher : Fakultas Hukum Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/ah.3.2.2021.165-169

Abstract

Land can be a very basic human desire. The relationship between humans and land can be in the form of a non-secular occult relationship which more or less contains parts of mystical (mystical) powers as the embodiment of humans and their natural surroundings. Inquiry techniques are controlled by radio with knowledge gathering techniques through direct interviews with people who are competent in the theory of reception victimization, reception in complex theories in the construction of the rule of law to see contemporary phenomena in the order of people's lives, especially in the Gelgel environment of Purba Village, Klungkung Regency. The results showed that the use of the Village Grounds in the Purba Gelgel Village was freely leased by the residents of Gelgel Pakraman Village to different parties. The Sanctions of the Traditional Karma of the Gelgel Purba Village which is not in line with the Rights and Obligations of Land Tenure in the Gelgel Ancient Village are following the awig – awig of the Gelgel Purba Village. It is hoped that residents can be vigilant and follow what the Banjar Adat community has united.
Sanksi Pidana Terhadap Pidana Penganiayaan yang Mengakibatkan Luka Berat I Kadek Betit Pranata Suma; I Wayan Rideng; I Ketut Widia
Jurnal Analogi Hukum Vol. 3 No. 2 (2021): Jurnal Analogi Hukum
Publisher : Fakultas Hukum Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/ah.3.2.2021.225-229

Abstract

The problem that often occurs in the community is persecution. Based on the decision issued by the Semarapura District Court Number: 67 / Pid.B / 20016 / PN.Srp A case of persecution has occurred. The formulation of the problem in this paper, namely: (1) How are the provisions for the Criminal Act of Persecution? (2) How do judges impose sanctions in the Crime of Persecution which results in serious injuries (case study of the Semarapura District Court Number: 67 / Pid.B /2016 / PN.Srp)? This study uses a normative legal research method, using the Law Approach, Case Approach, and Conceptual Approach. Source of Primary and Secondary Legal Materials. Document and literature study. By studying descriptively. Criminal action regulation itself has been included in the KUHP (Criminal Code) in CHAPTER XX. Based on the Judge's Decision Number: 67 / Pid.B / 2016 / PN.Srp, the defendant has been sentenced to 1 (one) year in prison. Before making a decision, the Panel of Judges made considerations from both juridical and psychological and sociological aspects.
Pelaksanaan Perlindungan Hukum bagi Penyandang Disabilitas dalam Mendapatkan Pelayanan Publik di Kabupaten Tabanan I Putu Sumardika; I Wayan Wesna Astara; I Nyoman Sutama
Jurnal Analogi Hukum Vol. 3 No. 2 (2021): Jurnal Analogi Hukum
Publisher : Fakultas Hukum Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/ah.3.2.2021.170-176

Abstract

For people with disabilities, mobility is important, especially in obtaining public services through the expansion of access to avoid discrimination because of its integral role in participating in social activities. This paper aims to discuss the forms of legal protection and its implementation for persons with disabilities in the Tabanan Regency. Then, it is also intended to explore the conditions of legal guarantee provisions for disabilities related to access to public services. This study is classified as an empirical legal study that uses various methodological approaches, including sociology of law; conceptual, and legislation. Meanwhile, the study data collected were obtained through literature studies, interviews, and observations. In the end, it was discovered that there were adequate provisions regarding regulations that discussed legal protection for persons with disabilities whose rights were targeted in the formation of related laws. Meanwhile, several obstacles faced in the implementation of legal protection related to access to public services, among others, limited awareness of parents with children with disabilities, budget funds, and the lack of professionalism of human resources. Finally, the regulations stipulated on the protection of the human rights of persons with disabilities must be made into a Tabanan district regulation.
Perlindungan Konsumen Terhadap Tindakan Pemadaman Listrik yang dilakukan Secara Sepihak Oleh PT. PLN (Persero) UP3 Bali Selatan I Gede Dharma Kusuma; I Nyoman Putu Budiartha; Ida Ayu Putu Widiati
Jurnal Analogi Hukum Vol. 3 No. 2 (2021): Jurnal Analogi Hukum
Publisher : Fakultas Hukum Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/ah.3.2.2021.230-234

Abstract

Indonesia is a country consisting of several islands and every region that requires electricity as a daily need and long -term needs, the current situation many people complain about the services provided by PLN is a power outage without prior notice. The numb er of public complaints related to power outages makes PLN in improving the organizational structure, especially in the sector of coordination between workers. The government in terms of providing protection to the community in terms of obtaining electricity supply is enough to make consumer protection regulations in which there is a right and obligation of consumers to get justice and obliged to conduct appeals from the government in an effort to prevent criminal acts in accordance with positive laws appli cable in Indonesia. The government is questioning the field workers from the PLN who deliberately or unintentionally do not inform the public of this turn -based power outage and it should be the PLN to give a reprimand for its workers who do not carry out orders in accordance with the SOP applicable in the company.

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