Jurnal Analogi Hukum
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.
Articles
463 Documents
Mediasi Online sebagai Alternatif Penyelesaian Sengketa Hubungan Industrial pada Masa Pandemi Covid-19 di Indonesia
Wicaksana, Dewa Putu Ade;
Dewi, Anak Agung Sagung Laksmi;
Suryani, Luh Putu
Jurnal Analogi Hukum 177-182
Publisher : Fakultas Hukum Universitas Warmadewa
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DOI: 10.22225/ah.3.2.2021.177-182
The massive spread of the Covid-19 pandemic has hampered the process of resolving conventional industrial relations disputes in Indonesia. Online mediation as an alternative dispute resolution forum that is capable of accommodating the interests of the parties according to the formal rules of industrial relations dispute settlement in collaboration with technology. The problems of this study are: 1. How is the arrangement of online mediation as an alternative to resolving industrial relations disputes during the COVID-19 pandemic in Indonesia; 2. How is the validity of the results of online mediation as an alternative to resolving industrial relations disputes during the COVID-19 pandemic. The research method used is a normative legal research method that examines legal norms substantially, based on a conceptual approach and a legal approach. The collection of legal materials using document study techniques. The results of this study indicate that the Law. No. 30 of 1999 and Law. No. 2 of 2004 has implicitly provided space for online mediation as an alternative instrument for resolving industrial relations disputes. Indonesia does not yet have a legal umbrella both formal and material that regulates "lex specialis" regarding online mediation as well as written agreements resulting from online mediation as an alternative to resolving industrial relations disputes during the COVID-19 pandemic, does not yet have legally binding power, so it is still vulnerable to be violated by the parties.
Penegakan Hukum Terhadap Selebgram yang Mempromosikan Situs Judi Online
Nono , Ignasius Yosanda;
Dewi, Anak Agung Sagung Laksmi;
Seputra, I Putu Gede
Jurnal Analogi Hukum 235-239
Publisher : Fakultas Hukum Universitas Warmadewa
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DOI: 10.22225/ah.3.2.2021.235-239
Celebgrams or the acronyms for celebrities and Instagram are those that are well known through the social media Instagram. Celebrities are not much different from celebrities in general. The difference between celebrities and celebrities in general lies only in the medium. If most celebrities are famous for their appearance on the screen, a celebrity is famous for their presence on Instagram social media. The viral figure of celebrities on Instagram is used as an opportunity for business people to endorse / promote gambling sites through the Instagram account belonging to this celeb. The formulation of the problem that can be raised is How is law enforcement regarding the promotion of online gambling sites? What are the criminal sanctions against celebrities who promote online gambling sites? This thesis uses a type of normative legal research, Law Number 11 of 2008 concerning Electronic Information and Transactions, the Criminal Code is the legal basis for knowing legal arrangements and legal sanctions against celebrities promoting online gambling sites. The results of this study indicate that the imposition of legal sanctions on celebrities.
Hak Eksekutorial Lembaga Perkreditan Desa Terhadap Benda Jaminan Hak Tanggungan yang Berkedudukan di Luar Wilayah Desa Adat
Gunawan, I Putu Yoga Eka Putra;
Budiartha, I Nyoman Putu;
Ujianti , Ni Made Puspasutari
Jurnal Analogi Hukum 183-187
Publisher : Fakultas Hukum Universitas Warmadewa
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DOI: 10.22225/ah.3.2.2021.183-187
LPD is a financial institution belonging to the Traditional Village which is domiciled in the authority of the Traditional Village. Furthermore, the following issues will be discussed: (1)How is the Regulation of Village Credit Institutions as Traditional Village Financial Institutions in Bali, (2)How is the Existence of Village Credit Institutions Against Mortgage Guaranteed Objects Located Outside the Traditional Village. The research method is normative and the type of approach This problem consists of a statutory approach and a conceptual approach. The sources of legal materials used are primary legal materials in the form of laws and regulations. Legal Materials Collection Techniques through documentation study techniques and literature studies. peeling of lawful Materials through depiction, interpretation and argument techniques. A conclusion thesis is valid according to the rules of Article 5 paragraph (1) Governor Regulation No. 44 of 2017 and Law Number 4 of 1996 provide for validity of the LPD's execution which gives the authority to the first party to keep an auction so that it carries the purpose of pawn on its own strength.
Implementasi Keputusan Presiden Republik Indonesia Tentang Satuan Gugus Tugas Covid 19 PT. Tatamulia Nusantara Indah Cabang Bali
Lestari, Lia Ayu;
Budiartha, I Nyoman Putu;
Ujianti , Ni Made Puspasutari
Jurnal Analogi Hukum 188-194
Publisher : Fakultas Hukum Universitas Warmadewa
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DOI: 10.22225/ah.3.2.2021.188-194
Coronavirus Disease 2019 (COVID-19) is an infectious disease caused by Severe Acute Respiratory Syndrome Coronavirus 2 (SARS-CoV-2). The government is very focused on dealing with this virus. In order to eradicate the spread of this virus, the Government issued Presidential Decree No. 7 of 2020 concerning the Task Force for the Acceleration of Handling CoronaVirus Disease 2019 (Covid 19). PT Tatamulia Nusantara Indah is one of the largest contractor companies in Indonesia. This study aims to determine the implementation and understand what factors are the obstacles and efforts to overcome them in implementing the decision of the President of the Republic of Indonesia regarding the assistance of the Covid 19 task force at the Contracting Company PT Tatamulia Nusantara Indah Bali Branch. This research is empirical legal research. Where the results of this study indicate that the implementation of the Presidential Decree on the Task Force for the Acceleration of Handling Covid 19 and the obstacles faced and countermeasures in implementing the Presidential Decree at PT. Tatamulia Nusantara Indah Bali branch so that it can be carried out as expected.
Pertanggungjawaban Terhadap Tindak Pidana Penyelundupan Sepeda Motor Harley oleh Direktur PT. Garuda Indonesia
Adhi, I Dewa Gede Pramana;
Sugiartha, I Nyoman Gede;
Widiantara, Made Minggu
Jurnal Analogi Hukum 240-244
Publisher : Fakultas Hukum Universitas Warmadewa
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DOI: 10.22225/ah.3.2.2021.240-244
Indonesia is a developing country where each region has its own natural wealth. This advantage cannot be utilized because of the number of people who send out of the area without permission and vice versa goods from outside countries smuggled into Indonesi a only to avoid the applicable taxes. 1) What is the regulation of smuggling crimes in indonesian criminal law? 2) What is the accountability of the director of PT. Garuda Indonesia who carried out the act of smuggling luxury motorcycles? This research is a type of normative law research conducted by a research method of reviewing based on legal materials, while the problem approach used is the approach of legislation - legislation and conceptual. A bad example was again shown by one of the people who have a big name in Indonesia smuggling case by garuda Indonesia dirut become a picture of how weak the law in Indonesia and this incident makes the perpetrator can be criminal and administrative sanctions.
Sanksi Pidana Terhadap Penimbunan Masker Medis dan Hand Sanitizer Pada Masa Pandemi Covid-19
Triyana, I Gede Aditya;
Sugiartha, I Nyoman Gede;
Karma, Ni Made Sukaryati
Jurnal Analogi Hukum 195-200
Publisher : Fakultas Hukum Universitas Warmadewa
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DOI: 10.22225/ah.3.2.2021.195-200
Regarding the protection of residents in the Covid-19 pandemic, for example, at this time, namely the hoarding of masks and hand sanitizers by business people, anomalies about the scarcity of goods create conditions where the government and all apparatus jointly examine the causes of the Hoarding of goods. Which resulted in the availability of it being scarce and the price soaring high. From the background, conflicts can be formulated, namely: 1. How do the arrangements for the hoarding of goods occur when goods are scarce according to Law no. 7 of 2014 during the Covid-19 pandemic? 2. What is the criminal sanction for the perpetrators of hoarding medical masks and hand sanitizers in Law No. 7 of 2014 during the covid-19 pandemic? Normative legal research is employed in this study. This research explains that the crime of hoarding and multiplying the prices of masks and hand sanitizers is regulated in Law Number 7 of 2014 concerning Trade. The criminal sanctions given are in Article 107 of Law Number 7 of 2014 concerning Trafficking.
Ko-Eksistensi Hukum Negara dan Hukum Adat Bali Dalam Pengangkatan Anak (Studi di Desa Adat Lantangidung, Kecamatan Sukawati, Kabupaten Gianyar)
Mahajony, Ketut Rai;
Suwitra, I Made;
Sudibya, Diah Gayatri
Jurnal Analogi Hukum 245-250
Publisher : Fakultas Hukum Universitas Warmadewa
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DOI: 10.22225/ah.3.2.2021.245-250
Traditional Balinese marriages follow the male bloodline (patrilineal), so having a son is still the goal of a marriage. Adoption of children (sentana peperasan) is an option if the family has no children to continue the obligations towards the family and society. Several cases of adoption, such as in the case of adoption in Lantangidung Village, Gianyar Bali, were raised in this study as case studies. The problem raised is how legal the adoption of children is according to Balinese Customary Law and State Law and the position of adopted children in the family and society according to Balinese Customary Law. This research is expected to expand the legal knowledge of the community, especially regarding the combination of Balinese Customary Law and State Law in terms of adoption. An empirical approach is used to see the combination of Balinese Customary Law and State Law. The conclusion is that: the co-existence of Balinese customary law and state law in the implementation of adoption needs to be clarified in more detail with an easy-to-understand sequence of implementation so that the position of adopted children in the family and society is also strong.
Analisis Tentang Pencemaran Nama Baik dan Penyalahgunaan Hak Kebebasan Berpendapat di Media Sosial
Jayananda, I Made Vidi;
Sugiartha, I Nyoman Gede;
Widiantara, Made Minggu
Jurnal Analogi Hukum 261-265
Publisher : Fakultas Hukum Universitas Warmadewa
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DOI: 10.22225/ah.3.2.2021.261-265
Freedom of opinion, especially in social media, is currently widely misinterpreted and abused by the community, because in the use of the right to freedom of opinion, the community has taken many actions which fall into insult, accusations without evidence and commit defamation which cause harm to certain individuals. The problems in this research are How are criminal law regulations and violations of the abuse of the right to freedom of expression in social media and how criminal sanctions against criminal acts of defamation are under the guise of freedom of opinion. The research method used is normative legal research. Source of primary and secondary legal materials. This research concludes that freedom of opinion is not absolute freedom, but in opinion must be in accordance with ethics and norms in society and in accordance with legal regulations without harming any party.
Akibat Hukum Tindakan Anarkis Demonstran Terhadap Perusakan Fasilitas Umum dan Penyerangan Petugas Kepolisian (Studi Kasus Penolakan Pengesahan UU Nomor 11 Tahun 2020 Tentang Cipta Kerja)
Dwiyanti , Ida Ayu Sri Intan;
Budiartha, I Nyoman Putu;
Widyantara, I Made Minggu
Jurnal Analogi Hukum 251-255
Publisher : Fakultas Hukum Universitas Warmadewa
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DOI: 10.22225/ah.3.2.2021.251-255
The aim of this study is to find out law enforcement for demonstrators, especially in demonstration activities against Law Number 11 of 2020 Cipta Kerja, which was passed on October 5, 2020 and the legal consequences of attacks by police officers in their task of securing demonstrations. Demonstration is a form of democracy recognized by the government of the Republic of Indonesia based on the 1945 Constitution. By normative research methods several comparisons can be drawn with other laws relating to demonstration activities. The results of this study concluded that the demonstration activity began peacefully and ended in chaos and the police had the authority to secure the demonstrators so that the situation was under control, but the two sides turned into physical conflict. Other research results, in-depth studies are still needed on good demonstration procedures without harming the authorities.
Karakteristik Perjanjian Jual Beli Tanah yang Belum Terdaftar Hak Atas Tanah
Bagaskara, I Gusti Bagus Andika;
Wijaya, I Ketut Kasta Arya;
Suryani, Luh Putu
Jurnal Analogi Hukum 256-260
Publisher : Fakultas Hukum Universitas Warmadewa
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DOI: 10.22225/ah.3.2.2021.256-260
Government Regulation Number 24 of 1997 concerning Land Registration, the Government requires all of the land to register their land with the competent authority, but in society there are still lands that have not registered the phenomenon, so to ensure legal certainty for all overland. Then land that has not been registered must be registered. From the aspect of legal and procedural risks, it will be different from registered lands if the transfer of land rights is carried out. There are two problem formulations discussed in this paper 1. What are the characteristics of the sale and purchase agreement whose land has not been registered? 2. What is the legal certainty for the sale and purchase agreement of land rights that have not been registered? In writing this thesis using normative legal research, normative legal research requires legal materials including primary legal materials and secondary legal materials. The results from the study can be argued that the legal risk aspect is more prone to occur compared to land that has been registered, then from the procedural aspect are different from land that has been registered where the land was not registered requires precision so as not to cause legal problems.