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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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Pertanggung Jawaban Pidana Terhadap Pemberi dan Penerima Suap yang Dilakukan Oknum Pemerintah di Kabupaten Tabanan I Kadek Faiza Putra Gunawan; Anak Agung Sagung Laksmi Dewi; Ni Made Puspasutari Ujianti
Jurnal Analogi Hukum Vol. 6 No. 1 (2024): Jurnal Analogi Hukum
Publisher : Fakultas Hukum Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/jah.6.1.2024.87-91

Abstract

Acts of corruption often drag people who work in government agencies. KPK records show that corruption in the scope of agencies occurred in districts / cities as many as 409 problems in the period 2004-2020. the formulation of this research problem is: How is the Bribery Arrangement that occurs in the tabanan government. Criminal responsibility for the giver and receiver of bribes in the government environment in tabanan district discussing this problem, using Normative legal research. The regulation of bribery or every problem of corruption criminal activity must be processed by the court according to the existing provisions. Settlement is applied proactively based on existing laws and regulations and government authority. Each process of handling the problem must be carried out to check its progress. the Denpasar District Court's decision No. Case 16 //Pid. Sus-TPK//2020//PN, decided that the Defendant NI PUTU EKA WIRYASTUTI had been proven clearly and convincingly guilty of committing "the crime of corruption jointly and continuously".
Sanksi Pidana Terhadap Pelaku Tindak Pidana Penjualan Jimat Luh Gede Anglika Gayatri Sukma; I Made Sepud; I Nyoman Subamia
Jurnal Analogi Hukum Vol. 6 No. 1 (2024): Jurnal Analogi Hukum
Publisher : Fakultas Hukum Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/jah.6.1.2024.92-98

Abstract

The sale of amulets in the community is very troubling because many lead to fraud. The sale of amulets in the Criminal Code has been regulated in Article 546 of the Criminal Code but, in practice, it is charged with Article 378 of the Criminal Code on fraud. The formulation of the problem in this study, namely how is the regulation of the criminal act of selling amulets in positive law in Indonesia? and how are the criminal sanctions against the perpetrators of the criminal act of selling amulets? This type of research is normative with the approach of legislation and concepts. The sources of legal materials used are primary, secondary, and tertiary legal materials. The technique of collecting legal materials by means of documentation and notes. Analysis of legal materials is descriptive and analytical. The results of this study are that the seller of amulets is threatened with a maximum imprisonment of three months or a maximum fine of four thousand five hundred rupiahs, but in practice the perpetrators of selling amulets are more often subject to Article 378 of the Criminal Code on fraud which proves that Article 546 of the Criminal Code is no longer relevant in society.
Tinjauan Yuridis Penyidikan Tindak Pidana Perikanan di Laut Oleh Penyidik Polisi Made Mahardika; Anak Agung Sagung Laksmi Dewi; Luh Putu Suryani
Jurnal Analogi Hukum Vol. 6 No. 1 (2024): Jurnal Analogi Hukum
Publisher : Fakultas Hukum Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/jah.6.1.2024.28-32

Abstract

Starting from 2004, the illegal fishing sector is now supervised by Fisheries Law. Fishermen generally use a variety of fishing gear to pull fish from the waters, but any means that can damage the marine ecosystem in the long run are prohibited. The formulation of the problem in this study is, How are the arrangements for investigations carried out by investigators against perpetrators of fisheries crimes? And what is the authority in investigating fisheries crimes? This research aims to determine who has jurisdiction to investigate fishing offenses and how the police carry out such investigations. Specifically, a normative law study was used. Investigators from the Indonesian National Police (Polri) have the authority to investigate illegal activities in designated areas of Indonesia in accordance with the Criminal Procedure Law and other legal regulations. The procedure for investigating unlawful acts in the fisheries sector is based on the authority of Polri investigators as stipulated in Article 73 paragraph 4 Fisheries Law.
Penerapan Awig-Awig Terhadap Tamiu di Desa Adat Mengwi Kabupaten Badung Putu Agustina Mega Antari; Anak Agung Sagung Laksmi Dewi; I Ketut Sukadana
Jurnal Analogi Hukum Vol. 6 No. 1 (2024): Jurnal Analogi Hukum
Publisher : Fakultas Hukum Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/jah.6.1.2024.99-104

Abstract

Currently, there are various population issues related to the various customary laws that are applied. Currently, topics related to population often arise, one of which is specifically related to the customary laws that apply in Bali. One of them is fundraising for immigrants. The collection is done every month by the Pakraman Village Security Guard. There is little obstruction or resistance in tamiu, as residents should be free to live wherever they want. This research has two specific objectives, namely to find out and investigate the Krama arrangements and obstacles to the adoption of Awig-Awig for Tamiu in Mengwi Traditional Village, Badung. area This type of research approach uses legal sociology because through this research the author can understand the problems that exist in the field. The data of this research is information obtained directly from informants, namely the Head of the Mengwi Customary Village, and respondents, namely the Tamiu community, in accordance with the Awig-Awig Regulation of the Mengwi Customary Village Pawos (Article) 26 while the rights of the Tamiu community are protected in the form of disaster management and actions. indigenous decisions, if there is a problem, get their rights to remain recognized by the local population.
Pertanggungjawaban Pelaku Usaha Terhadap Keracunan Makanan Pada Konsumen Michael Jose Rizal; Anak Agung Sagung Laksmi Dewi; Luh Putu Suryani
Jurnal Analogi Hukum Vol. 6 No. 1 (2024): Jurnal Analogi Hukum
Publisher : Fakultas Hukum Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/jah.6.1.2024.65-71

Abstract

Consumer protection regarding expired food circulating in the community is very important. Therefore, consumers need to be careful in choosing products so as not to suffer losses and maintain the health of their bodies. How is the legal protection of consumers related to expired food circulating in the community? How is the responsibility of business actors for the distribution of expired food based on the Consumer Protection Law? Normative legal research method is used to answer this question. Protection of consumers related to expired packaged food is carried out by business actors, government, non-governmental organizations, and consumers through various efforts. The responsibility for products traded by business actors and circulated to the market or consumers is the responsibility of business actors who distribute these products.
Sanksi Hukum Bagi Pelaku Aksi Premanisme yang Dilakukan Ormas Terhadap Petugas Polisi Pamong Praja di Denpasar I Kadek Anom Suartama; Anak Agung Sagung Laksmi Dewi; Luh Putu Suryani
Jurnal Analogi Hukum Vol. 6 No. 1 (2024): Jurnal Analogi Hukum
Publisher : Fakultas Hukum Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/jah.6.1.2024.33-38

Abstract

The acts of thuggery that usually occur in Denpasar are carried out in groups and organized. The presence of thugs in the area of trade centers, terminals and highways which are often public places is one of the obstacles for the community in carrying out their activities. The formulation of the problems in this study are Factors causing the occurrence of mass organization thuggery acts in Denpasar and Criminal sanctions for perpetrators of thuggery committed by mass organizations against civil service police officers in Denpar, this study uses an empirical legal. Based on the research results, the causes of thuggery include economic and environmental problems. Criminal sanctions for thuggery perpetrators committed by mass organizations at the Satpol PP Denpasar are determined on suspicion of fighting government officials who are carrying out state duties and or persecution and or crimes against people's independence. This is as stipulated in Article 211 of the Criminal Code, Article 212 of the Criminal Code, Article 214 of the Criminal Code and/or Article 351 of the Criminal Code and/or Article 335 of the Criminal Code
Covernote Notaris dalam Perjanjian Kredit Perspektif Hukum Jaminan (Studi Kasus PN Kab. Kediri Nomor 107/Pdt.G/2020/PN Gpr) Gede Indra Fredy Baskara; I Made Pria Dharsana; Ni Gusti Ketut Sri Astiti
Jurnal Analogi Hukum Vol. 6 No. 1 (2024): Jurnal Analogi Hukum
Publisher : Fakultas Hukum Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/jah.6.1.2024.39-43

Abstract

Credit is the provision of money and types of loans that must be paid back. Credit has a high risk for banks, so notaries as public officials make cover notes in credit agreements. The formulation of the problem discussed is How is the Authority and Responsibility of Notaries in Credit Agreements and How is Legal Protection for Creditors in Credit Agreements Related to the Use of Notary Covernote? The research method used is normative juridical. The results showed that the obligations and responsibilities of notaries in credit agreements are to bridge the interests of creditors and borrowers in making deeds to credit agreements. Lending and borrowing agreements are regulated in the Civil Code Article 1754 to Article 1769. Legal protection for bank creditors in credit agreements using notary covernote in the event of default before the issuance of mortgage rights gives the bank's position only as a concurrent creditor and legal protection for banks is based on Articles 1131 and 1132 of the Civil Code.
Penegakan Hukum Bagi Pelaku Pencemaran di Sungai Badung Denpasar I Putu Satria Adhi Darma; I Nyoman Gede Sugiartha; Ketut Adi Wirawan
Jurnal Analogi Hukum Vol. 6 No. 1 (2024): Jurnal Analogi Hukum
Publisher : Fakultas Hukum Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/jah.6.1.2024.44-50

Abstract

There is so much accumulation of waste every day that this has the potential to increase as the population increases. Waste is a major problem seen from the development of population, so policies are needed to overcome this, one of which is the policy of managing households. The formulation of the problems in this study are How is law enforcement against the perpetrators of pollution in the Badung river Denpasar? What factors are the obstacles in law enforcement against pollution of the Badung Denpasar river basin? The research method used is empirical legal research with field data as the main data source, such as the results of interviews and observations. There is a need for cooperation between DLHK and village officials to carry out socialization to the community regarding the impact of garbage pollution due to garbage disposal, as well as the participation of traditional interpreters in terms of addressing issues about garbage by urging people not to directly throw their garbage into the river.
Perlindungan Hukum Terhadap Korban Perkosaan Dari Abortus Provocatus I Gede Agus Surya Gunantara; Anak Agung Sagung Laksmi Dewi; Luh Putu Suryani
Jurnal Analogi Hukum Vol. 6 No. 1 (2024): Jurnal Analogi Hukum
Publisher : Fakultas Hukum Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/jah.6.1.2024.51-58

Abstract

Pregnancy due to rape has a negative impact on the victim, namely physically, mentally, socially so that the victim performs abortion provocatus, but the Criminal Code does not provide exceptions regarding the act of abortion Unlike the Law of the Republic of Indonesia No. 36 of 2009 concerning Health, abortion is allowed if the requirements of the Law are met. This is certainly contrary to the reproductive rights of organs. Therefore, legal protection for rape victims is needed to protect everyone's right to legal treatment and protection. The formulation of the problem is What is the criminal law regulation regarding abortion provocatus carried out by rape victims? and What is the legal protection for rape victims from abortion provocatus? Research methods used normative legal research. The results of the discussion on criminal law regulations for rape victims from abortion provocatus are contained in Articles 299, 346, 349 of the Criminal Code and Law of the Republic of Indonesia No. 36 of 2009 concerning Health Articles 75, 76, 77, 194. It is necessary to cooperate with relevant parties to ensure that the implementation of abortion does not traumatize rape victims and can perform abortions legally, safely as permitted by law.The research method used is normative legal research. The results of the discussion regarding the regulation of criminal law against rape victims of abortion provocatus are contained in the Criminal Code Articles 299, 346, 349 and Law No. 36 of 2009 concerning Health Articles 75, 76, 77, 194. Need for cooperation of related parties to ensure the implementation of abortion does not traumatize victims of rape and can perform abortion legally, safely permitted by law.
Sanksi Hukum Terhadap Tenaga Medis dalam Melaksanakan Tugas Apabila Terjadi Malpraktik di UPT.Puskesmas Kintamani II Kabupaten Bangli I Kadek Roger Budiastra; Anak Agung Sagung Laksmi Dewi; Ni Made Sukaryati Karma
Jurnal Analogi Hukum Vol. 6 No. 1 (2024): Jurnal Analogi Hukum
Publisher : Fakultas Hukum Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/jah.6.1.2024.59-64

Abstract

Medical malpractice has specific regulations for doctors regarding medical procedures, and mistakes committed can be punished. The problem is how to apply legal sanctions for medical personnel who commit malpractice in UPT. Kintamani II Health Center, Bangli Regency? dAnd how are the obstacles faced by UPT. Kintamani II Health Center, Bangli Regency, if there are medical personnel who commit malpractice? This study used empirical legal research. Sanctions for medical personnel who commit malpractice at UPT. Puskesmas Kintamani II, has been regulated in Law Number 23 of 1992 concerning health and medical code of ethics. Obstacles faced by UPT. Kintamani II Health Center is an internal constraint on the number of human resources that will be reduced so that services will be less optimal while external lack of public trust in medical personnel on duty.

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