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
Tinjauan Yuridis Tindak Pidana Pencabulan Terhadap Anak
Brahmanta, I Gusti Ngurah Agung Sweca;
Dewi, Anak Agung Sagung Laksmi;
Suryani, Luh Putu
Jurnal Analogi Hukum 355-362
Publisher : Fakultas Hukum Universitas Warmadewa
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DOI: 10.22225/ah.3.3.2021.355-362
The increasing crime rate in Indonesia has resulted in the emergence of various modus operandi in the occurrence of criminal acts, one of which is the crime of child molestation. Child molestation can damage the order of family life, the community environment and the school environment, even directly or indirectly a threat to the continuity of development and the future of children who are the next generation of the Indonesian nation and state. The research is to determine the qualifications of acts of sexual abuse against children in the view of criminal law and to determine the application of the law to perpetrators of criminal acts of sexual abuse against minors. The research method used is normative legal research. Issues are discussed based on the laws and regulations. Legal materials use primary and secondary legal materials. The conclusion of this study is the qualification of acts of sexual abuse against children in the view of criminal law. The application of law against perpetrators of criminal acts of obscenity against minors, namely by providing sanctions in accordance with Law no. 23 of 2002 concerning Child Protection, including the provision of imprisonment and fines.
Perlindungan Hukum Terhadap Anak Korban Tindak Pidana Kekerasan (Child Abuse) di Indonesia
Karang , I Gusti Ngurah Agung Bija;
Sugiartha, I Nyoman Gede;
Suryani, Luh Putu
Jurnal Analogi Hukum 350-354
Publisher : Fakultas Hukum Universitas Warmadewa
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DOI: 10.22225/ah.3.3.2021.350-354
Violence against children that occurs in Indonesia a lot occurs because of the lack of awareness of parents or child caretakers towards the protection of children. Violence that often occurs includes physical, emotional, sexual and neglect of children, which is included in the violence of the criminal act of child abuse. The need for the application of a legal basis for acts of violence against children child abuse in Indonesia to prevent the development of such cases. So with that, the formulation of the problem in this study is how the legal arrangements for perpetrators of criminal acts of violence against child abuse in Indonesia are and how is the process of criminal sanctions against perpetrators of child abuse. The research methodology used is normative law. The results of this study describe that acts of child abuse in Indonesia can be protected through the legal basis of Law Number 35 of 2014 concerning Child Protection which has criminal sanctions on the perpetrators which are regulated in Article 80.
Perlindungan Hukum Terhadap Konsumen Terkait Label Berbahasa Asing Dalam Suatu Produk Kosmetik
Swadesi, Made Isma Amanda;
Budiartha, I Nyoman Putu;
Ujianti , Ni Made Puspasutari
Jurnal Analogi Hukum 344-349
Publisher : Fakultas Hukum Universitas Warmadewa
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DOI: 10.22225/ah.3.3.2021.344-349
As stipulated in the Consumer Protection Act no. 8 of 1999, many imported cosmetic products marketed in Indonesia are detrimental to consumers. The problems raised in this study are how the legal protection for consumers who are harmed due to the use of cosmetics labeled as foreign languages ​​and how is the legal responsibility of entrepreneurs to consumers who are harmed. The method used is a normative method or literature study using a legal approach and a conceptual approach. This research concludes that consumer legal protection can be implemented preventively and repressively. In addition to legal responsibility, business actors are also responsible for their actions and receive sanctions if their actions violate the law. Entrepreneurs who commit fraudulent actions are subject to sanctions or must carry out their civil, administrative and criminal responsibilities. These consumer disputes can be resolved out of court through conciliation, mediation and arbitration, and in courts and groups of victims can file a lawsuit class action.
Pertanggungjawaban Pidana Pecandu dan Penyalah Guna Narkotika Berdasarkan Golongan
Wisantya, Khresna;
Sugiartha, I Nyoman Gede;
Dewi, Anak Agung Sagung Laksmi
Jurnal Analogi Hukum 338-343
Publisher : Fakultas Hukum Universitas Warmadewa
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DOI: 10.22225/ah.3.3.2021.338-343
The number of narcotics crimes is growing rapidly throughout Indonesia, these crimes are not only committed by Indonesian citizens but also committed by foreigners. That means international syndicates have made Indonesia not only as translit or circulation only but as a hotbed of international narcotics production. Narcotics crimes will affect the whole family, damaging the order and manners that once existed. In this case, narcotics abuse in Indonesia can result in a decrease in the quality of human resources owned by the community, especially in the country of Indonesia, in addition, it can also cause a loss to the country's finances. There are no problems (1) How is the arrangement of criminal sanctions against the narcotics of the drug group I until group III? (2) How is the EAS against narcotic abuse addicts that can be applied to group I until group III when reviewed from article 54 law number. 35 Years 2009? This research uses the normative method because there is still a vague norm, by being sourced to the opinion of the law scholars and the law. The positive law of narcotic criminal acts currently adheres to the double track system that judges can break abusers narcotics to be sentenced to prison and can also be placed in rehabilitation areas.
Tindak Pidana Korupsi yang Dilakukan oleh Karyawan Badan Usaha Milik Negara
Putra, I Putu Agus Sudiyasa;
Widiati, Ida Ayu Putu;
Widyantara, I Made Minggu
Jurnal Analogi Hukum 411-416
Publisher : Fakultas Hukum Universitas Warmadewa
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DOI: 10.22225/ah.3.3.2021.411-416
The crime of corruption to date has spread to all sectors of the government, even to state-owned companies. From the description of the background, the purpose of the study is to understand the regulation of corruption crimes committed by employees of the state-owned enterprises and to know criminal responsibility for corruption crimes committed by employees of state-owned enterprises. The research method is a normative legal research type with a statutory and conceptual approach. Analysis of legal materials using legal arguments in the form of deductive inductive legal logic. The results of the study show that corruption is regulated in Law 20/2001 regarding amendments to Law 31/999 concerning the Eradication of Corruption Crimes. Corruption crimes generally involve a group of people who mutually enjoy the benefits of the crime. This element is the purpose of the maker in committing acts of abusing the authority, opportunities or facilities available to him because of his position or position, namely to benefit himself or another person or a corporation. Accountability for criminal acts of corruption committed by BUMN employees by applying punishment in accordance with article 20 paragraph (7) of the UUPTK in the form of a criminal fine with the maximum provisions plus 1/3 and additional penalties in accordance with article 18 paragraph (1) and paragraph (2).
Sanksi Pidana bagi Pelaku Tindak Kecurangan dalam Perekrutan Calon Pegawai Negeri Sipil di Indonesia
Sanjaya, Anom Bagus;
Dewi, Anak Agung Sagung Laksmi;
Suryani, Luh Putu
Jurnal Analogi Hukum 1-5
Publisher : Fakultas Hukum Universitas Warmadewa
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DOI: 10.22225/ah.4.1.2022.1-5
The recruitment process for prospective civil servants in Indonesia is indeed very vulnerable to bribery, such as evidence of the problem of transparency in CPNS recruitment with cases of collusion involving government officials of the State Civil Apparatus who are proven to have accepted bribes and assisted prospective civil servants in a fraudulent manner. and causing a criminal act can be dismissed from his position, in accordance with Law Number 5 of 2014 concerning State Civil Apparatus. The formulation of the problem in this study are: 1) What is the arrangement for CPNS recruitment in Indonesia? 2) What are the criminal sanctions against perpetrators of fraudulent CPNS recruitment? The research method used is normative research with a statutory approach. Sanctions imposed on perpetrators of fraud are divided into two, namely administrative sanctions in the form of blacklist sanctions from the State Civil Service Agency which results in the perpetrators not being able to register to take the CPNS test for the rest of their life, Criminal sanctions imposed namely Law Number 11 of 2008 concerning Information and Transactions Electronic.
Wewenang Jaksa Agung dalam Penyampingan Perkara (Deponering) dalam Proses Peradilan Pidana
Widiana, I Gusti Agung Ngurah Satya;
Dewi, Anak Agung Sagung Laksmi;
Widyantara, I Made Minggu
Jurnal Analogi Hukum 60-65
Publisher : Fakultas Hukum Universitas Warmadewa
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DOI: 10.22225/ah.4.1.2022.60-65
The existence of a waiver of a case in court or in this case it can be said that Deponering intends to carry out a step aside from a case carried out by the attorney general in a judicial process in court. The existence of an attitude or step that sets aside a case in a court carried out by the attorney general, all these related matters have been contained in RI Law No. 16 of 2004 which is related to the prosecutor's office. The formulation of the problem is . What is the authority of the attorney general in Article 35 c of the Law of the Republic of Indonesia Number 16 of 2004? And What are the legal implications for the regulation of public interest as a condition for the use of Deponering by the Attorney General? The research used in this research is normative law. The duties and powers of the Attorney General can be seen in Article 35 of Law No. 16 of 2004. One of the powers of the Attorney General, namely Article 35 C, is to set aside cases in the public interest.
Mekanisme Pemberian Izin Usaha Pariwisata Pada Usaha Solus Per Aqua (SPA) di Kawasan Sanur
Bimantara, I Made Dwi;
Budiartha, I Nyoman Putu;
Widiati, Ida Ayu Putu
Jurnal Analogi Hukum 6-11
Publisher : Fakultas Hukum Universitas Warmadewa
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DOI: 10.22225/ah.4.1.2022.6-11
The proliferation of spa businesses in the Sanur area is expected to bring a positive competitive atmosphere among entrepreneurs to improve the quality of the services they provide. However, in practice, several spa businesses in the Sanur area do not have a tourism business registration permit. The purpose of this study is to find out (1) the implementation of a tourism business license on a spa business in the Sanur area; (2) the constraints and efforts of the Denpasar City Government in implementing tourism business permits for spa businesses in the Sanur area. The type of research used is a statutory approach and a fact approach. The results of the study show that (1) the SPA business license as an applicant must first complete the conditions that have been determined by the relevant Office, then after the conditions are valid, a review will be carried out directly at the location and then the permit is issued by the Investment Office. and Denpasar City One Stop Services on behalf of the Mayor; and (2) the legal basis for granting SPA business permits in Denpasar City Regulation No. 13 of 2015 concerning tourism business registration, the government and related agencies seek to optimize business actors to register their businesses in order to have legal certainty that is the guide in running the business. , but in the community there is a lack of information about the importance of permits in the operation of SPA businesses in the Sanur area.
Tinjauan Yuridis Terhadap Tindak Pidana Pemalsuan Asal-Usul Seorang Anak dalam Putusan Perceraian
Putra, I Made Mudana Adi;
Dewi, Anak Agung Sagung Laksmi;
Suryani, Luh Putu
Jurnal Analogi Hukum 12-19
Publisher : Fakultas Hukum Universitas Warmadewa
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DOI: 10.22225/ah.4.1.2022.12-19
Counterfeiting committed by the medical personnel if the contents of the medical record contain some or all of the contents that are changed or made differently from medical actions carried out by the doctors or medical teams, it will have an adverse effect and even create disputes between the patient's family, and lead it into unclear identity. The formulations of the problem of this research are How is the legal regulation of the counterfeiting crime against the origin of a child? What are the criminal sanctions for counterfeiting the origin of a child when a divorce occur? This research has purpose is to find out the arrangements of legal for the counterfeiting crime of a child's origins and criminal sanctions against counterfeiting a child's origins a divorce occur. The benefits of this research can be used as a source of input, especially regarding the juridical review in divorce verdict. regulated in Law 36 of 2014 concerning 2014 Health Workers. contained in Article 84 which contains actions that occur due to negligence. The rules of origin, although not explicitly stated in the form of identity falsification or the origin of the child, are regulations related to falsification. The sanction for falsification of intentionally embezzling a person's origins is punishable by embezzlement of origin with a maximum imprisonment of six years.
Restorative Justice dalam Tindak Pidana Narkotika pada Anak
Muliawan, I Komang Agus;
Sugiartha, I Nyoman Gede;
Dinar, I Gusti Ayu Gita Pritayanti
Jurnal Analogi Hukum 66-70
Publisher : Fakultas Hukum Universitas Warmadewa
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DOI: 10.22225/ah.4.1.2022.66-70
In considering the Juvenile Justice System Act No. 11 of 2012, keep in mind that children are the mandate and gift of Almighty God and have the dignity and value of humanity as a whole. Clarifying the problem in the study is an effort to apply restorative justice to the treatment and resolution of drug-related crimes, and to resolve the distractions of drug-related crimes in children. Restorative justice in the treatment and resolution of drug crimes committed by children and efforts to solve problems related to the use of diversion tactics in child drug crimes. The survey method used is a normative survey. The conclusion of the investigation is that the restorative justice approach generally does not work optimally in accordance with the provisions of Law No. 11 of 2012 on the juvenile justice system.