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
Penyelesaian Wanprestasi Perjanjian Jasa Wedding Organizer Akibat Force Majeure
Dharmayuda, Made Satria;
Dewi, Anak Agung Sagung Laksmi;
Dinar, I Gusti Agung Ayu Gita Pritayanti
Jurnal Analogi Hukum 130-135
Publisher : Fakultas Hukum Universitas Warmadewa
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DOI: 10.22225/ah.4.2.2022.130-135
Indonesia is a country consisting of sharing tribes, races, and cultures where each community has its own thoughts and understandings to live their lives. In carrying out his life, society is no stranger to the name of human rights where human behavior must not interfere with the rights of others and does not behave outside the norms that apply in accordance with positive laws. In relation to the positive laws that apply in Indonesia, the behavior of the people themselves has indirectly been regulated and for anyone who behaves outside the norm will definitely get sanctioned because his actions have harmed himself and others. In accordance with the positive law that applies force majeure is a disaster that can come at any time and occurs at the time of wedding activities making both parties not be able to give each other, especially the parties from the wedding. It cannot be said to be a default because every arranged event will be carried out properly if the default event does not occur and both parties can rearrange the wedding reception activities.
Karakteristik Perjanjian Kerja Waktu Tertentu (PKWT) Bagi Pekerja pada Perusahaan Swasta
Primantara, Made Rama Wiguna;
Budiartha, I Nyoman Putu;
Dinar, I Gusti Agung Ayu Gita Pritayanti
Jurnal Analogi Hukum 177-181
Publisher : Fakultas Hukum Universitas Warmadewa
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DOI: 10.22225/ah.4.2.2022.177-181
The process of carrying out globalization will act directly or indirectly for the presence of workers. Globalization, characterized by through state fund transactions, we use international standards and international standards for foreign investors and international standards for foreign investors. One of them is the quality point of production and work procedures. . Based on the above background, as well as the features of business contracts of certain employees of the Urban Finance Agency in Denpasar City, it can be based on its duties and laws. , Denpasar City Financial Asset Management Management Agency Event Event Event Event. The methods used are the source of legal studies, the main enterprise and the source of legal materials with secondary legal materials. The results of this study state that the features of employment contracts use a form of legal contract and are very short and effective in the office of the Financial and Asset Management Agency of Denpasar City. Denpasar City Financial and Asset Management Agency Office has defaults for administrative staff. The sanctions imposed on workers who violate the contents of the employment contract consist of a company reprimand, a reprimand (SP 1), a second reprimand (SP 2), and finally ethics if not good. On the employee side, set a third warning letter (SP 3) about job cuts for employees (layoffs).
Peranan Jaksa Agung Muda Bagian Pidana Militer dalam Penanganan Perkara Koneksitas
Prabandari , Putu Nadya;
Sugiartha, I Nyoman Gede;
Widyantara, I Made Minggu
Jurnal Analogi Hukum 182-186
Publisher : Fakultas Hukum Universitas Warmadewa
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DOI: 10.22225/ah.4.2.2022.182-186
Connection criminal in Indonesia is still in orditur condition with prosecutors there has been no technical coordination on handling cases that have the involvement of legal subjects civil with military. The Young Attorney General of the Military Criminal Section was formed handle the connection case. The establishment Section is based on the presidential regulation of the Republic of Indonesia on the organization and work procedures of the Prosecutor's Office which is followed up with regulation of the Prosecutor's Office. Using normative empirical methods with a combining approach between juridical and sociological elements. Reviewing the arrangement of the young attorney general of the military criminal department in handling connection cases and the implementation of handling connection cases at the prosecution stage. Handling of connection crimes can only be tried as a connection case if there is a decision from the Minister of Defense and has been approved by the Minister of Justice. Law enforcement, especially the young attorney general of the military criminal department should establish a connection team in the area to speed up handling connection cases.
Akuisisi Saham PT Sinar Mitra Sepadan Finance oleh Orix Corporation dari Perspektif UU NO.5 TAHUN 1999
Esayana, Ni Putu Elsita;
Mahendrawati, Ni Luh;
Arthanaya, I Wayan
Jurnal Analogi Hukum 136-140
Publisher : Fakultas Hukum Universitas Warmadewa
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DOI: 10.22225/ah.4.2.2022.136-140
Acquisition is a form of business strategy that is commonly used in the business world. Acquisition involves the transfer of control over the company being taken over. In the Antimonopoly Law No. 5 of 1999 it is explained that in the acquisition there is an increase in a certain amount that exceeds the existing regulations and is required to notify the KPPU no later than 30 working days from the date of the acquisition which is legally effective. The problems studied in this article are what are the legal consequences of the acquisition of shares of PT Sinar Mitra Sepadan Finance by Orix Corporation on business competition. 5 of 1999. Normative legal research is used in this research by collecting primary, secondary, and tertiary data from legislation, literacy, and electronic media that are related to the topic under study. In the case suffered by Orix Corporation, the imposition of sanctions is considered not to have a strong legal basis which is not in line with the wrongdoing.
Pelaksanaan Peraturan Daerah Provinsi Bali Nomor 3 Tahun 2018 Tentang Retribusi Jasa Usaha pada Objek Wisata Monumen Perjuangan Rakyat Bali
Pramesti, Ni Kadek Yunika;
Budiartha, I Nyoman Putu;
Suryani, Luh Putu
Jurnal Analogi Hukum 187-192
Publisher : Fakultas Hukum Universitas Warmadewa
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DOI: 10.22225/ah.4.2.2022.187-192
Where the government has more control and control over its territory, including the authority to regulate finances in carrying out obligations and functions such as development activities and services. authority. including the authority to regulate finances in carrying out their duties and functions. The purpose of this study was to determine the effectiveness of the enactment of local regulations on the Bali People's Struggle Monument tourism to increase regional income and to find out the obstacles in its implementation. This study uses empirical legal research methods with a sociological approach. The results of this study indicate that the contribution of the levy on the Bali People's Struggle Monument to the Bali Province's original revenue is relatively small. Obstacles in implementing the Bali Provincial Regulation Number 3 of 2018 concerning Business Service Retribution are divided into two, namely external constraints such as lack of awareness of mandatory levies in paying user fees and internal constraints such as the lack of human resources and lack of funds for monument maintenance. Several forms of efforts were made to overcome the obstacles, namely by providing socialisation to the retribution obligors about the importance of carrying out the obligation to pay retribution.
Sanksi Hukum Terhadap Pelanggaran Pajak yang Dilakukan oleh Korporasi
Widyaningsih, Gusti Ayu Erlin;
Dewi, Anak Agung Sagung Laksmi;
Suryani, Luh Putu
Jurnal Analogi Hukum 141-145
Publisher : Fakultas Hukum Universitas Warmadewa
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DOI: 10.22225/ah.4.2.2022.141-145
Tax is a source of state revenue which exceeds 80% (eighty percent) of the total revenue. Corporate tax is the main contributor to corporate tax, but corporate tax also has great potential as a tax evader. Avoiding corporate tax by excluding tax obligations and submitting incorrect SPT. The law is illegal and may be subject to statutory prohibition. Formulation of Research Tasks: how is the contribution of corporate taxes to state revenues and what are the legal sanctions for tax violations committed by corporations. The purpose of this study is to explain the contribution of corporate income tax to government revenues and to explain the legal sanctions for violations of corporate income tax. This research uses ideological studies with legal methods and conceptual approaches. The survey results show that the contribution of corporate income tax to state income and total corporate income is regulated in Article 4 (2) of the Income Tax Law, and the legal prohibition on corporate tax avoidance is regulated in Article 13a. The KUP Law in the form of administrative sanctions increases the low amount of tax charged by stating an increase in the tax account by 200% (two hundred percent).
Efektivitas Pelaksanaan Program Pengelolaan Sampah Berbasis Sumber
Wijaya, I Made Dicky Taruna;
Widiati, Ida Ayu Putu;
Arthanaya, I Wayan
Jurnal Analogi Hukum 146-150
Publisher : Fakultas Hukum Universitas Warmadewa
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DOI: 10.22225/ah.4.2.2022.146-150
The implementation of source-based waste management as stipulated in the Bali Governor Regulation Number 47 of 2019 is one solution in handling waste in Denpasar City. It is necessary to conduct a special study on the effectiveness of source-based waste management implemented in Denpasar City. Based on this background, the following problems can be formulated: 1) What is the arrangement for waste management in Denpasar City? 2) How is the effectiveness of source-based waste management in Padangsambian Village? This type of research in scientific writing is empirical legal research. The results show that the effectiveness of source-based waste management in Padangsambian Village is still not maximized due to population growth factors that have an impact on increasing the volume of waste every year caused by the increase in population, the quality and quantity of Human Resources (HR) which are still inadequate and operational technicalities. , there are still obstacles in management with the lack of budget in the village.
Perlindungan Hukum Bagi Anak yang Melakukan Tindak Pidana Penyalahgunaan Narkotika
Sujana, Putu Krisna Widya;
Dewi, Anak Agung Sagung Laksmi;
Karma, Ni Made Sukaryati
Jurnal Analogi Hukum 193-197
Publisher : Fakultas Hukum Universitas Warmadewa
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DOI: 10.22225/ah.4.2.2022.193-197
BNN issued news that there was an increase in narcotics abuse among the younger generation, which is very dangerous for the nation's successors where there is no legal protection for perpetrators and victims of narcotics abuse who are still minors. This thesis discusses the legal protection given to minors who are entangled in narcotics crimes. Based on the description above, the formulation of the problem is as follows 1) What is the legal protection for children who are entangled in criminal cases of narcotics abuse? 2) What are the criminal sanctions for children who abuse narcotics? This research uses a research type. Based on the research, it was found that legal protection aimed at protecting children was given by the government to children affected by narcotics cases both as owners and users of narcotics, but the government provided protection for minors through Child Protection. it does not include what is often found from this protection, when a child is in a narcotics crime case, the law cannot fully protect it because there is a norm vacuum in the Narcotics Law which is not clearly stated how the protection is aimed at children affected by narcotics crimes.
Akibat Hukum Peredaran Informasi yang Tidak Sesuai Pada Kemasan Produk Makanan
Sena, Putu Gede Prema;
Dewi, Anak Agung Sagung Laksmi;
Ujianti, Ni Made Puspasutari
Jurnal Analogi Hukum 151-155
Publisher : Fakultas Hukum Universitas Warmadewa
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DOI: 10.22225/ah.4.2.2022.151-155
Lately, there is information on food packaging that has been widely spread among the public that does not match or is incorrect the information contained on the packaging of food products. In this study there are two formulations of the problem, namely how to enforce criminal law for perpetrators and legal protection for consumers against the circulation of products that do not match the information on packaging. This thesis uses normative legal research with a statutory approach, a conceptual approach, and a case approach. The results of this discussion explain that business actors who distribute products that do not comply with packaging information may be subject to criminal law contained in Article 19 paragraph 4 and Article 62 UUPK, and also explains legal protection for consumers which is divided into two, namely legal protection. Preventive measures that focus on prevention efforts, one of which is providing a legal umbrella for consumers and are repressive in the form of enforcement efforts such as giving sanctions to perpetrators. This study is that there should be countermeasures from the government in the form of inspections and also the community as consumers must be critical and careful about the food products they buy.
Tanggung Jawab Penyedia Jasa Fast Boat terhadap Konsumen Saat Terjadi Kecelakaan di Desa Kusamba Kabupaten Klungkung (Studi Pada PT. Sekarjaya)
Indrabuana, Kadek Rizky Aditya;
Budiartha, I Nyoman Putu;
Suryani, Luh Putu
Jurnal Analogi Hukum 198-203
Publisher : Fakultas Hukum Universitas Warmadewa
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DOI: 10.22225/ah.4.2.2022.198-203
The background writing this thesis responsibility of fast boat providers to consumers when an accident occurs. Given the importance of the role of transportation, especially sea transportation, activities related to sea transportation need regulated by the state, sea transportation activities can be carried out in an orderly manner and protect interests of the parties involved. However, sea transportation is not always available properly, because not rule out the possibility of things that are detrimental to the users of sea transportation. Based on this, the problem this thesis is how fast boat are responsible for consumers are harmed in the event of accident and how implement fulfillment of compensation for passengers in an accident at PT. Sekar Jaya. The research method used is empirical legal research. The results showed the responsibility of the carrier an accident occurs, PT Sekar Jaya as a shipping company is responsible for maintaining the safety, and responsible replacing losses arising from accidents. The implementation fulfillment of compensation for passengers have accident can come directly to PT Jasa Raharja to claim compensation by filling out the compensation application form provided PT Jasa Raharja attaching a description of the accident, health information from doctors, hospitals and personal identification.