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Fakultas Hukum Universitas Warmadewa, Denpasar, Bali, Indonesia
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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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Sanksi Pidana Terhadap Pelaku Usaha dalam Memperjual Belikan Produk Makanan yang Telah Melewati Waktu Pemakaian Darly Taruna; Anak Agung Sagung Laksmi Dewi; Luh Putu Suryani
Jurnal Analogi Hukum Vol. 4 No. 3 (2022): Jurnal Analogi Hukum
Publisher : Fakultas Hukum Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/ah.4.3.2022.249-253

Abstract

The expiry period of the product is very important for consumers who enjoy the product for consumption, because it concerns the health of the body so that the community as well as social creatures who need clothing and food must be more careful in choosing products that can really protect themselves so as not to lose themselves. (1) What is the legal protection of consumers for expired food circulating in the community?, (2) What is the accountability of business actors for the circulation of expired food under the Consumer Protection Law? The method used is the normative legal research method. The implementation of consumer protection of expired packaged foods that are basically carried out by business actors, governments, nongovernmental organizations and consumers is with various efforts. Accountability for products that have been traded by business actors and that have been circulated to the market or consumers becomes the responsibility that circulates the product, namely business actors.
Kewenangan Pemerintah Daerah dalam Perizinan Pertanahan dengan Berlakunya UU Cipta Kerja I Kadek Suwartana; Ketut Kasta Arya Wijaya; Luh Putu Suryani
Jurnal Analogi Hukum Vol. 4 No. 3 (2022): Jurnal Analogi Hukum
Publisher : Fakultas Hukum Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/ah.4.3.2022.254-259

Abstract

The enactment of Law No. 11 of 2020 concerning Job Creation experienced pro and con problems in social life, especially in the land sector. Multi-interpretation of regional authority in terms of licensing the land sector encourages the government as soon as possible to synergize existing regulations. The problems are: 1) What is the legal arrangement for permits related to land? and 2) What is the government's role in licensing in the land sector? The purpose of this research is to be able to find out the legal regulation of licensing related to land, and to know the role of the government in licensing in the land sector. The research method used is a normative research method. Regulations regarding land permits are broadly regulated in the main agrarian laws, namely Law Number 5 of 1960, and Law Number 23 of 2014 concerning Regional Governments regarding permits for land management in regions according to the autonomous system. The authority and role of the government in terms of licensing the land sector is also regulated through the law on spatial planning and location permit regulations.
Peralihan Hak Atas Harta Warisan Kepada Ahli Waris yang Dikuasai Secara Sepihak oleh Keluarga Pewaris Wanda Shicilya; I Nyoman Putu Budiartha; Diah Gayatri Sudihya
Jurnal Analogi Hukum Vol. 4 No. 3 (2022): Jurnal Analogi Hukum
Publisher : Fakultas Hukum Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/ah.4.3.2022.299-304

Abstract

Indonesia has an inheritance system consisting of inheritance elements, which include heirs, heirs and inheritance. Inheritance in Indonesia is regulated in civil law, customary law and Islamic law depending on where the inheritance system is used based on the area of residence of the person concerned. However, in reality the inheritance system is sometimes not followed or implemented by the community, therefore many problems arise related to the inheritance. The method used in this research is empirical. With the aim of knowing the factors that underlie the control of inheritance by the family and aims to provide options that can be used for people who have an inheritance dispute to choose the process they want to take to resolve inheritance problems, which process is like the settlement process. through outside the judicial route which will produce a win-win solution, but if the outside-judicial route cannot be resolved, then you can use the judicial route which will produce a win-lose solution. It is hoped that the heirs and families can choose a good settlement process and not damage family relations.
Perijinan dan Tindak Pidana Terhadap Juru Parkir Liar di Kota Denpasar Kadek Agus Mahendra Wijaya; Anak Agung Sagung Laksmi Dewi; Luh Putu Suryani
Jurnal Analogi Hukum Vol. 4 No. 3 (2022): Jurnal Analogi Hukum
Publisher : Fakultas Hukum Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/ah.4.3.2022.260-265

Abstract

Permit is an agreement based on government regulations in certain circumstances as stipulated in the legislation. The formulation of the problem in this study is how is the regulation of parking permits in the city of Denpasar? and What are the legal sanctions for parking attendants if they do not have a permit? In this study, the author uses a normative research method with a statutory and conceptual approach. The results of the study to get a permit as a parking attendant are procedures and processes in order to get a permit as a parking interpreter in the city of Denpasar. Illegal parking attendants will receive the punishment obtained from the act of collecting illegal parking fees as a violation of the law. Parking permits in Denpasar City are clearly regulated in the Standard Operating Procedure for accepting parking attendants as contained in the Decree of the Board of Directors of the Regional Public Company Bhukti Praja Sewakadharma Denpasar City Number 1 of 2022 concerning Rules of Conduct and Behavior along with Sanctions for Parking Officers and Parking Attendants. The legal sanction obtained by the illegal judge is subject to Article 368 paragraph (1) of the Criminal Code.
Sanksi Pidana Bagi Dosen Sebagai Pelaku Tindak Pidana Pelecehan Seksual Kepada Mahasiswa Ni Komang Arik Darmayanti; Anak Agung Sagung Laksmi Dewi; I Made Minggu Widyantara
Jurnal Analogi Hukum Vol. 4 No. 3 (2022): Jurnal Analogi Hukum
Publisher : Fakultas Hukum Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/ah.4.3.2022.266-270

Abstract

Harassment comes from the word harass which means to look down on, insult, or be worthless. While the word sexual comes from the word sex, very often interpreted as biological sex, namely male and female. So sexual harassment has the meaning of degrading, or insulting men or women. Sanctions are a result of criminal acts committed by people who violate the law. This research was conducted to determine the sanctions and penalties that can be imposed on perpetrators of sexual harassment by lecturers against students. By using the normative legal method which is closely related to legal facts and existing laws and regulations, the technique is also carried out with an inventory in the collection of research legal materials. Utilize primary, secondary and tertiary sources that will be used in analyzing data. The results obtained after the research are legal arrangements for perpetrators of sexual harassment crimes can be charged with obscenity articles (Articles 289 to 296 except Article 291 of the Criminal Code). This crime of sexual harassment was committed by a lecturer and was subject to criminal sanctions from the Judge's Decision which could be snared with a sentence of 7 months.
Perlindungan Hukum Terhadap Pelaku Tindak Pidana yang Mengalami Gangguan Jiwa Kevin Jerrick Pangestu; I Nyoman Gede Sugiartha; I G. A. A. Gita Pritayanti Dinar
Jurnal Analogi Hukum Vol. 4 No. 3 (2022): Jurnal Analogi Hukum
Publisher : Fakultas Hukum Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/ah.4.3.2022.293-298

Abstract

Mental disorders are the result of several or a group of symptoms that arise in human psychology. People with mental disorders have been stereotyped highly related to criminal acts for a long time, especially violence and threaten the safety and security of those around them. Perpetrators of criminal acts who experience mental disorders are included in the category of persons that had mental disabilities and entitled to more appropriate treatment and protection. It's important to understand more about the responsibility of perpetrators of criminal acts that had mental disorders, as well as about legal protection. The addition of insight, input and additional knowledge are the benefits in the research. The method used by researchers in this study is a normative research method. In the sentencing process, which involves the person who commits a crime that has a mental disorder, the judge is obliged to find and prove whether the perpetrator has an element of accountability, as well as ensure that the perpetrator gets appropriate legal protection. Legal protection is given to the public, especially in this discussion to criminals who experience mental disorders in the hope that the perpetrators can obtain the rights granted by the law itself.
Akibat Hukum Perjanjian Pemberian Hibah Tanah Kepada Anak Angkat yang Dibuat Dihadapan Pejabat Pembuat Akta Tanah (PPAT) Menurut Kuh Perdata N Nursandi; I Nyoman Putu Budiartha; Ni Gusti Ketut Sri Astiti
Jurnal Analogi Hukum Vol. 4 No. 3 (2022): Jurnal Analogi Hukum
Publisher : Fakultas Hukum Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/ah.4.3.2022.271-276

Abstract

A grant as one of the delivery or levering of an item for free to another person, with consequences without being able to withdraw it which is intended for the benefit of the grantee is one of the legal actions that are quite common in legal subjects in private law traffic. The Civil Code has not explicitly regulated the prerequisites for adopted children as subjects in grants. The problems of this research are: 1. How is the arrangement of granting land to adopted children in the legal regulations in Indonesia; 2. What are the legal consequences arising from the agreement on granting land to adopted children made before the Land Deed Maker Official according to the Civil Code. The results of the study show that the Civil Code stipulates that legal subjects who can carry out land grants are all people who are adults and are capable of carrying out legal actions. The legal consequence of the agreement to grant land grants before PPAT to adopted children who are adults and legally capable is the transfer of ownership rights to the land object of the grant to the adopted children as grantees, where the agreement binds both parties with the PPAT grant deed registered with the National Land Agency.
Perlindungan Hukum Terhadap Waria dari Perlakuan Diskriminatif Kadek Vegas Ananta Sicaya; I Nyoman Putu Budiartha; Ida Ayu Putu Widiati
Jurnal Analogi Hukum Vol. 4 No. 3 (2022): Jurnal Analogi Hukum
Publisher : Fakultas Hukum Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/ah.4.3.2022.288-292

Abstract

Human rights laws and policies have been made for a long time but the implementation of policies for shemales seems different from ordinary citizens even though they are still Indonesian citizens and have the same rights as citizens. shemale also deserves to be protected by legal protection from acts of violence, harassment, public anarchy, and discrimination and to be treated like other Indonesian citizens by giving them their human rights. The formulation of the problem in this study is: 1) What is the legal protection for transgender women from discriminatory treatment? 2) What are the government's efforts in providing non-discriminatory legal protection for shemale? The research method used is normative law research with a statutory approach. The results of the study show that shemale in Indonesia are still often subject to discrimination such as ridicule, social discrimination, legal discrimination, insults, physical violence to sexual harassment. Getting legal protection is the right of all citizens. Preventive and repressive legal protection provided by law enforcement officials for all citizens is no exception. In order to provide a sense of security, both mentally and physically from interference and various threats from any party.
Perlindungan Hukum Terhadap Pekerja Mebel Kayu Berdasarkan Undang-Undang No.13 Tahun 2003 di Desa Batubulan (Studi Kasus di Yudiana Wood Carving) Theo Sukardi Wibawa; Anak Agung Sagung Laksmi Dewi; Luh Putu Suryani
Jurnal Analogi Hukum Vol. 4 No. 3 (2022): Jurnal Analogi Hukum
Publisher : Fakultas Hukum Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/ah.4.3.2022.283-287

Abstract

National development needs manpower to assist development, fulfill needs, and work in wood processing companies to produce daily necessities from processed wood. The workforce must be considered, so in the Manpower Law, the legal protection provided is in the form of security, and work safety guarantees, and employers are required to provide work security tools. The formulation of the problems in this research, including 1) What is the form of legal protection for workers working at Yudiana Wood Carving Company according to Law Number 13 of 2003? 2) What is the responsibility of Yudiana Wood Carving Company to workers in the event of a work accident? This study uses the empirical method, with a statutory and conceptual approach. This study concludes that legal protection for workers who work at the Yudiana Wood Carving Company is the basic rights of workers such as safety protection, labor social security, and the responsibility of the Yudiana Wood Carving Company if workers have an accident at work by providing medical expenses and resolved amicably. Suggestions in this study are for the government to continue to monitor and follow up on companies that do not comply with statutory regulations.
Efektivitas Cyber Patrol dalam Mengungkap Kasus Pornografi di Polresta Denpasar Putu Diah Wiska Sasmitha; I Nyoman Gede Sugiartha; I Nyoman Subamia
Jurnal Analogi Hukum Vol. 4 No. 3 (2022): Jurnal Analogi Hukum
Publisher : Fakultas Hukum Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/ah.4.3.2022.277-282

Abstract

Indonesia with a large population has a lot of potential for social change from various backgrounds and ages. Social media has a positive impact and has a negative impact illegal content through social media in the form of pornography, copyright infringement, virtual terrorism, and gambling using cyber media. Pornography is one of the most common offenses on social media by presenting videos, photos and stories. The existence of this case made the POLRI anticipate pornographic crimes and form a team called cyber patrol to eradicate crime in cyberspace. The formulation of the problems in this research, including: 1) How cyber patrol carried out by Denpasar Police investigators in uncovering pornography cases? and 2) What are the factors that hinder Denpasar Police investigators from carrying out cyber patrol to uncover pornography cases? In this study using the empirical method, with a sociological approach. The results of this study are the effectiveness of cyber patrol conducted by Denpasar Police investigators in uncovering pornography cases, namely by legal factors, law enforcement factors, facilities or facilities, community factors, cultural factors and factors that hinder Denpasar Police investigators in conducting cyber patrol to reveal pornography cases, namely internal factors and external factors.

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