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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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Penegakan Hukum Terhadap Pelaku Pelanggaran Membuang Sampah Tidak Sesuai Jadwal Berdasarkan Perda Kabupaten Karangasem Nomor 20 Tahun 2012 Wiryawan, I Kadek Arya; Dewi, Anak Agung Sagung Laksmi; Suryani, Luh Putu
Jurnal Analogi Hukum 328-337
Publisher : Fakultas Hukum Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/ah.3.3.2021.328-337

Abstract

Environmental protection and management is a systematic and integrated effort carried out to preserve environmental functions and prevent environmental pollution and/or damage which includes planning, utilization, control, maintenance, supervision and law enforcement. The formulation of the problem in this study are: How is law enforcement against perpetrators of violations of waste disposal not according to schedule based on Regional Regulation of Karangasem Regency Number 20 of 2012 concerning Waste Management and How are the obstacles and efforts made by the Government of Karangasem Regency against perpetrators of violations of inappropriate waste disposal timetable. The results of this study include: Law enforcement against perpetrators of violations of waste disposal not according to schedule based on Regional Regulation of Karangasem Regency Number 20 of 2012 concerning Waste Management, among others: Starting with the findings of the task force in the field of violations of disposing of waste not according to schedule. Violators of disposing of waste not according to schedule are subject to administrative sanctions in the form of: making a statement that they will not repeat their actions, being given warnings and warnings, being subject to forced fees, up to a recommendation to revoke the cancellation of their activities and business permits. Karangasem against perpetrators of violations of waste disposal that are not according to schedule, the obstacles faced include: The condition of infrastructure is still inadequate, causing vehicle operations to be less effective. Preventive efforts are carried out by conducting socialization, making a schedule for garbage collection. The repressive efforts are carried out, namely if there are people who violate the provisions, such as throwing garbage out of place, they will be subject to administrative sanctions by making a statement that they will not repeat their actions again.
Kekuatan Hukum Jual Beli Hak Atas Tanah yang Belum Bersertifikat Astri , Dewa Ayu Mareyta; Dewi, Anak Agung Sagung Laksmi; Suryani, Luh Putu
Jurnal Analogi Hukum 405-410
Publisher : Fakultas Hukum Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/ah.3.3.2021.405-410

Abstract

Transfer is a legal act that is intentionally carried out with the aim of transferring land rights from the transferor to receiving the transfer. The formulation of the problem in this study are: 1) What is the mechanism for buying and selling land rights that have not been certified through PPAT? 2) What is the legal force of the deed of sale and purchase of uncertified land rights? Based on the results of the study, it can be concluded that people who sell land that they have sold only have pipil through the PPAT land agency because it is not owned by the state and the mechanism for buying and selling land rights is directed to containing parcels, namely a certificate obtained at PPAT. The legal force of the transfer of land rights by buying and selling on land that has not been legally certified as a sale and purchase of land rights because it has fulfilled the terms of sale and purchase. Generally, what often happens in land transfers that have not been certified by PPAT is passive or in this case only paying attention to written statements from the parties without confirming the truth of the data.
Pengaturan Hukum Pidana Pelaku Penggelapan Jual Beli Online Putra, I Gusti Ngurah Agung Bagus Bima; Sugiartha, I Nyoman Gede; Dewi, Anak Agung Sagung Laksmi
Jurnal Analogi Hukum 322-327
Publisher : Fakultas Hukum Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/ah.3.3.2021.322-327

Abstract

Today in the world of electronic transactions many are found deviant actions, and not based on existing legal norms, most of which occur in online buying and selling systems. Buying and selling is online buying and selling sometimes based only on trust which means the buying and selling actor is sometimes unclear, therefore many prefer COD or Cash On Delivery and or payment at the place of delivery of goods. Be careful in making payments via transfer, first research the reputation of the seller who offers goods in accordance with the posted, check the existence of the seller's offline store or the seller's business license. There is also a problem formulation (1) How is the legal arrangement regarding the actions that have been done by business actors against consumers on online buying and selling sites? (2) What criminal sanctions are imposed on perpetrators of embezzlement crimes on online buying and selling sites? This research uses normative methods because there are still vague norms, based on the opinion of legal experts. If a person has fulfilled all the elements of the crime of embezzlement, then he can be called a perpetrator.
Peranan Perjanjian Perkawinan yang dilakukan Sebelum Perkawinan Berlangsung Studi Komparatif Hukum Islam dan Undang-Undang Perkawinan Maulana, Rahul; Budiartha, I Nyoman Putu; Ujianti, Ni Made Puspasutari
Jurnal Analogi Hukum 317-321
Publisher : Fakultas Hukum Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/ah.3.3.2021.317-321

Abstract

Humans as social beings created by Allah SWT as pairs cannot live alone. As creatures in pairs, humans will marry to continue their offspring. Marriage formed by humans aims to perfect their lives as social beings and also as worship. Marriage agreement is one of the basic forms of one's readiness to form a household. The marriage agreement is made by the bride and groom to achieve a harmonious relationship and avoid conflicts in the future. One form of marriage agreement that applies in Indonesia, among others, is related to Taklik Talak and also related to the arrangement of assets in marriage. Marriage agreements that exist in Indonesia are explained in Article 29 of Law Number 1 of 1974 in conjunction with Law Number 16 of 2019 concerning Marriage. Islam also emphasizes the rules for making a Marriage Agreement, as regulated in Articles 45 to 52 of the Compilation of Islamic Law. The method used in writing this research is the Normative Research Method.
Sinergitas Desa Dinas dengan Desa Adat dalam Penanganan Pandemi Covid-19 di Desa Tibubeneng, Kecamatan Kuta Utara, Kabupaten Badung. Putri, Ni Made Melly Deni Kiara; Dewi, Anak Agung Sagung Laksmi; Suryani, Luh Putu
Jurnal Analogi Hukum 398-404
Publisher : Fakultas Hukum Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/ah.3.3.2021.398-404

Abstract

All parties in Bali play a role in preventing the Covid-19 pandemic, Traditional Villages and Service Villages are the spearhead of the government system in Bali. The formulation of the problems in this study is 1) How is the synergy of Service Village and Traditional Village to accelerate the handling of the Covid-19 pandemic in Tibubeneng Village, North Kuta Subdistrict, Badung Regency? 2) How are the obstacles of Service Village and Traditional Village to accelerate the handling of the Covid-19 pandemic in Tibubeneng Village, North Kuta Subdistrict, Badung Regency? The research method used in this study is empirical legal research with an approach to the problem using a fact approach and a sociological approach. Synergy Service Village and Traditional Village in Tibubeneng Village to the handling of Covid-19 can be seen in the regulation which is passed down by the regional government. The results indicated Synergy Service Village and Traditional Village in the Tibubeneng Village were going well, but there were still obstacles. Sanctions for traditional karma and karma tamiu that violate the appeal from the traditional village listed in the pararem must continue to be executed further.
Penegakan Hukum Terhadap Magic Mushroom Prasetia, I Gusti Ngurah Yudha; Dewi, Anak Agung Sagung Laksmi; Ujianti, Ni Made Puspasutari
Jurnal Analogi Hukum 310-316
Publisher : Fakultas Hukum Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/ah.3.3.2021.310-316

Abstract

Mushrooms that grow in animal waste or commonly called magic mushrooms / psilocybin mushrooms are mushrooms that contain an active substance called psilocybin which can create high levels of psychological hallucinatory effects when consumed. not many know that this mushroom is a narcotic class. From the background above, the formulation of the problem is 1. How is the legal arrangement regarding Magic Mushroom? 2. What are the legal consequences of increasing and enforcing the law on Magic Mushroom?. The method used is normative legal research. The results of the discussion on the regulation of Magic Mushroom are regulated in Law no. 35 of 2009 on Narcotics and Health Law no. 36 of 2009. Regarding the legal consequences of increasing Magic Mushrooms in Indonesia, it has a bad impact on individuals, families, nations and countries, therefore law enforcement is taken by the government by taking preventive measures regarding the dangers of consuming magic mushrooms and applying criminal sanctions for users and dealers. The author suggests that the government conducts socialization and counseling to the community, especially those who are still lacking technology about the dangers of Magic Mushrooms for consumption.
Perlindungan Hukum Bagi Konsumen Atas Produk Yang Melanggar Etika Periklanan Wiratdika, Anak Agung Ngurah Gede; Budiartha, I Nyoman Putu; Ujianti , Ni Made Puspasutari
Jurnal Analogi Hukum 393-397
Publisher : Fakultas Hukum Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/ah.3.3.2021.393-397

Abstract

Regarding the development of communication and information, there are several types of print media and electronic media, therefore business actors must be more creative and innovative when promoting their products, and good advertisements must be related to truth, honesty, or correct information. Receiving accurate and honest information is an important consumer right for businesses to provide. This study explains the procedure for consumers to file a lawsuit for losses as well as obligations and sanctions against business actors for products whose promotion violates advertising ethics. This thesis uses a normative legal search with a legal and conceptual approach. The results of this discussion explain about consumers who file lawsuits for losses with the procedures established by BPSK, the responsibility of business actors based on product liability as regulated in Article 19 paragraph (2) of the UUPK and the sanctions there are three, namely civil sanctions, criminal sanctions, and administrative sanctions.
Pelaksanaan Ketentuan Hak Merek Sebagai Objek Jaminan Kredit Pada Bank Perkreditan Rakyat (BPR) di Kota Denpasar Novilina, Dewa Ayu Dita; Budiartha, I Nyoman Putu; Ujianti, Ni Made Puspasutari
Jurnal Analogi Hukum 305-309
Publisher : Fakultas Hukum Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

A brand right is a type of intellectual property consisting of an unrecognizable sign which is regulated in Article 499 of the Civil Code. The study's concern in this thesis is how the regulation is implemented of brand rights as an object of credit collateral in Bank Perkreditan Rakyat? And how is the implementation of provisions on brand rights as an object of credit collateral in Bank Perkreditan Rakyat in Denpasar City? The research method in this thesis used an empirical legal research method. The factual approach in the field (interview) and legislation were employed in this study. The conclusion of this thesis is the usage of the trademark as a bank credit collateral is regulated in Law Number 20 of 2016 Concerning Marks and Geographical Indications Article 41 which stated that rights to registered marks may be transferred or transferred by agreement. The implementation of brand rights usage as an object of credit guarantee in Bank Perkreditan Rakyat has never happened in Denpasar city. This is caused by the brands that are difficult to predict in nominal and brand rights that are less marketable.
Pertanggungjawaban Pidana Terhadap Pelaku Pada Kegiatan Bantuan Sosial Covid 19 Lokbere, Darson; Dewi, A. A. Sagung Laksmi; Suryani, Luh Putu
Jurnal Analogi Hukum 300-304
Publisher : Fakultas Hukum Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/ah.3.3.2021.300-304

Abstract

The coronavirus-19 outbreak that has rapidly infected humans and spread globally has become a health issue that breeds concern and chaos. In everyday life today there are many injustices that are continuously present in society. The lack of compliance with the law, weak knowledge of the community, and individualistic behavior and stupid times in society make the owners of power arbitrary towards its people. Problem formulation (1) What is the arrangement for the implementation of bansos COVID 19? (2) How is criminal liability for the perpetrators of the implementation of bansos COVID 19? To address the impact of the Covid-19 pandemic, the government issued various policies that allow government officials to make extraordinary measures in emergencies, but did not rule out the possibility that ownership of such authority would pose a great risk to governments and state officials and to the emergence of stowaways who take advantage of this pandemic situation.
Implementasi Peraturan Walikota Denpasar Nomor 36 Tahun 2018 Tentang Pengurangan Kantong Plastik Pada Pelaku Usaha Pasar Tradisional Neru, Satrya Raul; Widiati, Ida Ayu Putu; Arthanaya, I Wayan
Jurnal Analogi Hukum 294-299
Publisher : Fakultas Hukum Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/ah.3.3.2021.294-299

Abstract

One of the threats to our environment is the problem of plastic waste. Plastic waste is a global problem that is currently getting more attention from many countries. Realizing this, it is necessary to have a regulation that reduces the increasing use of plastic. To reduce the increasing use of plastic, the Denpasar City Government has made a plastic waste reduction program through reducing the use of plastic bags. This regulation is in the form of the stipulation of Mayor Regulation Number 36 of 2018 concerning Reducing the Use of Plastic Bags. There are 2 (two) main problems that will be studied in this study including 1) How is the application of Denpasar Mayor Regulation Number 36 of 2018 to traditional market business actors?, 2) What efforts are being made by the Denpasar City Government to make plastic bag reduction effective? The research method used in this study is empirical legal research with a sociological juridical approach. The application of Denpasar City Regulation Number 36 of 2018 for business actors in traditional markets cannot be carried out to the maximum, this is because not all business actors in traditional markets can carry out these buying and selling activities by not using plastic bags. Denpasar City to make the reduction of plastic bags effective is to carry out socialization and also provide administrative sanctions for those who violate.

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