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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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Perlindungan Hukum Terhadap Pura Sebagai Kawasan Suci Dari Komersialisasi Budaya Untuk Pariwisata Ida Bhujangga Putri Vaisnava; I Wayan Rideng; Diah Gayatri Sudibya
Jurnal Analogi Hukum Vol. 6 No. 2 (2024): Jurnal Analogi Hukum
Publisher : Fakultas Hukum Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/jah.6.2.2024.210-216

Abstract

The presence of tourism brings a new paradigm. To raise legal issues, so far the temple in this case as a holy place is often commercialized even though the temple itself is a sacred area for Hindus. How is the Regulation of the Temple as a sacred area from Commercialization of Culture for Tourism? and How is the Form of Legal Protection of the Temple as a sacred area from Commercialization of Culture for Tourism?, This research uses normative research. As a result, the form of legal protection of the temple as a sacred area from the commercialization of culture for tourism in Bali is in the form of prohibition of commercialization, setting limits and supervision, as well as the establishment of law enforcement and enforcement of sanctions in the form of formal law and the application of customary sanctions.
Peranan Perjanjian Ekstradisi Dalam Tindak Kejahatan Korupsi di Indonesia Ida Bagus Adi Pati Karna; Anak Agung Sagung Laksmi Dewi; I Gusti Ayu Gita Pritayanti Dinar
Jurnal Analogi Hukum Vol. 6 No. 2 (2024): Jurnal Analogi Hukum
Publisher : Fakultas Hukum Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/jah.6.2.2024.203-209

Abstract

The increase in crimes that occur in Indonesia, especially crimes that involve interstates. Therefore, extradition is a way of cooperation in combating crimes between countries, which is very important because criminals always try to flee to other countries to avoid prosecution, while on the other hand, law enforcement officials, especially the police, can only operate within the jurisdiction of their own country. Given the challenges faced in the investigation, it becomes clear how important it is to cooperate with other countries in combating this crime so that extradition agreements arise as a consequence of the existence of a legal interest in a country. The formulation of the problem is: 1. How is the legality of extradition in preventing and eradicating international crimes?  2. How is the effectiveness of extradition enforcement in a country? The research method used is normative legal research. The results of the discussion regarding the criminal law regulation of extradition crimes are contained in Law No. 1 of 1979 concerning Extradition and its effective application after an advance review of the extradition process.
Perlindungan Hukum Bagi Pihak Ketiga (Natuurlijke Persoon) Berkaitan Dengan Adanya Actio Pauliana Dalam Hukum Kepailitan Ida Ayu Putu Purnam Asri; I Nyoman Putu Budiartha; I Gusti Agung Ayu Gita Pritayanti Dinar
Jurnal Analogi Hukum Vol. 6 No. 2 (2024): Jurnal Analogi Hukum
Publisher : Fakultas Hukum Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/jah.6.2.2024.197-202

Abstract

When a bankrupt debtor transfers assets to a third party, actio pauliana becomes the creditor's legal remedy to recover the assets. For good faith third parties, the application of actio pauliana in bankruptcy becomes a legal polemic. This happens because the transfer of all or part of the debtor's assets will be withdrawn through actio pauliana. So that the problem arises "1) How is the enforcement of Actio Pauliana in Indonesia? and 2) How is the legal protection of third parties (natuurlijke persoon) in bankruptcy law related to the existence of actio pauliana?" This research seeks to understand the application of actio pauliana in Indonesia as well as the legal protection provided to third parties related to the existence of actio pauliana in bankruptcy law. The research methodology in this field is normative law. The application of Actio Pauliana has legal consequences, namely the third party losing the property that has been purchased from the debtor and canceling all legal actions that are not mandatory for the debtor to do which are detrimental to his creditors. Related to legal protection for the rights of third parties (Natuurlijke Persoon) due to Actio Pauliana, namely third parties can appear as concurrent creditors.
PRAKTIK PENGOBATAN ALTERNATIF DALAM PERSPEKTIF HUKUM PERLINDUNGAN KONSUMEN DI INDONESIA Anak Agung Rai Gayatri Artha Yani; I Nyoman Gede Sugiartha; I Gusti Agung Ayu Gita Pritayanti Dinar
Jurnal Analogi Hukum Vol. 6 No. 3 (2024): Jurnal Analogi Hukum
Publisher : Fakultas Hukum Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/jah.6.3.2024.261-266

Abstract

The efforts of each community in maintaining health for themselves are very diverse. Generally, people use alternative medicine health services because of the relatively low cost, but there are still many business actors from alternative medicine who open practices arbitrarily without having a business license. This is because there are still not many regulations or standardization regulated in legislation regarding alternative medicine practices that harm consumers. The problem formulations in this study, namely: 1). How the regulation of alternative medicine practices in legal settings has positive effects in Indonesia; 2) How is the form of legal protection for consumers in alternative medicine practices in Indonesia. The method used in this research is the type of normative legal research with the type of statutory approach and conceptual approach. Through this research, it can be determined that the regulation of alternative medicine is contained in Law Number 36 of 2009 concerning Health. If consumers suffer losses due to the actions of business actors, they can be given protection through Law Number 8 of 1999 concerning Consumer Protection, which forms of protection are divided into preventive legal protection and repressive legal protection.
Perlindungan Hukum Terhadap Para Investor Asing di Indonesia Terkait Pengaruh Investasi Asing Bagi Laju Pertumbuhan Ekonomi di Bali Valentino Junior Coumans
Jurnal Analogi Hukum Vol. 6 No. 3 (2024): Jurnal Analogi Hukum
Publisher : Fakultas Hukum Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/jah.6.3.2024.382-386

Abstract

Legal protection is a key cornerstone in maintaining the country's stability amidst the complexity of economic and legal twists. As a motor of prevention and enforcement, these protections guide foreign investment through the complex twists and turns of corporate law and capital markets, acting as a protective helmet in economic growth. Foreign investment, the engine of economic growth, faces potential disputes with the GoI, requiring protection from breaches of contract and policy. Political risk, economic crisis, and changing monetary tides are challenges on the investment trajectory. Providing guarantees in foreign investment in Indonesia is key to protecting investors and accelerating investment flows, creating a tense competition in the economic sphere. With a long history of foreign investment, these investments are expected to contribute positively to the economy, transfer knowledge, and improve welfare. Legal protection for foreign investors in Bali is crucial amidst the positive and negative impacts, driving the huge need for foreign investment.
Tindakan Hukum Pelarangan Sopir Transportasi Online Dalam Menerima Penumpang oleh Taxi Lokal Dengan Kekerasan Fisik dan Verbal di Wilayah Hukum Polda Bali Rai Bagus Cahyadi Wicaksana; I Nyoman Gede Sugiartha; Luh Putu Suryani
Jurnal Analogi Hukum Vol. 6 No. 3 (2024): Jurnal Analogi Hukum
Publisher : Fakultas Hukum Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/jah.6.3.2024.376-381

Abstract

Public transport and transportation is very important to be able to realize transportation that meets the needs. Online transportation is a means of land transportation that is more efficient and effective. However, not everyone can accept the technological advances that occur. There are parties who refuse in terms of transportation; people feel rivaled by online ojek. The formulation of the problem in this study is 1) The impact of online transportation on local taxis 2) Criminal sanctions against local taxis who commit physical and verbal violence against online taxis. The research method uses empirical legal research. The results showed that the impact of online transportation on local taxis in Canggu is tight competition and difficulty getting passengers. In the provision of supporting facilities for transportation tourism, local residents have provided in each tourist area. Criminal sanctions against local taxis who commit physical and verbal violence against online taxis in their arrangements are not united in one special chapter, but are separated in certain chapters. In the Criminal Code, violent crimes can be classified as follows: Crimes against the life of another person Article 338- 350 of the Criminal Code.
PENEGAKAN HUKUM TERHADAP PERAN ARTIFICIAL INTELLIGENCE DI INDONESIA PENEGAKAN HUKUM TERHADAP PERAN ARTIFICIAL INTELLIGENCE DI INDONESIA Annie Long Ashton; Anak Agung Sagung Laksmi Dewi; I Gusti Agung Ayu Gita Pritayanti Dinar
Jurnal Analogi Hukum Vol. 6 No. 3 (2024): Jurnal Analogi Hukum
Publisher : Fakultas Hukum Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/jah.6.3.2024.267-272

Abstract

The development of information and digital technology is accelerating and has become part of every aspect of human life. Humans have made innovations in various fields, including machines and technologies that mimic human intelligence known as artificial intelligenceartificial intelligence or AI. The problem is: How can Artificial IntelligenceArtificial intelligence arrangements be considered capable as legal subjects? And how is proper law enforcement for artificial intelligenceartificial intelligence functions? The purpose of this study is To meet the needs of regulations and information regarding artificial intelligenceartificial intelligence, it is important to establish a legal entity and special provisions. In addition, it is important to determine appropriate law enforcement and make special provisions for the functioning of AI. The method used in this research is the normative method. Artificial IntelligenceArtificial intelligence (AI) is an electronic system that handles electronic information and is managed by electronic agents and operators. However, AI is currently unable to take legal action or mediate. Individuals who control or use AI are responsible for their actions. In Indonesia, AI regulations should emphasize ethics and human rights in control and protection. While there are already laws regarding AI as electronic agents, specific regulations are needed that outline its role, capabilities, limitations on use, and penalties.
Tinjauan Terhadap Fenomena Pengemis Online Dengan Dikeluarkannya Surat Edaran Nomor 2 Tahun 2023 Oleh Menteri Sosial Republik Indonesia Ni Wayan Dian Anggita Sari; Anak Agung Sagung Laksmi Dewi; Ni Made Puspasutari Ujianti
Jurnal Analogi Hukum Vol. 6 No. 3 (2024): Jurnal Analogi Hukum
Publisher : Fakultas Hukum Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/jah.6.3.2024.370-375

Abstract

A new problem faced by society due to technological advances is the use of social media such as TikTok to beg online. This activity is carried out by utilizing virtual gifts on Tik Tok live streaming . Problem formulation: How is the law enforcement of the phenomenon of online begging with the issuance of Circular Letter Number 2 of 2023 by the Minister of Social Affairs of the Republic of Indonesia? What factors are an obstacle in law enforcement against online begging on social media? This research uses normative law type, with statutory, factual, and conceptual approaches. Minister of Social Affairs Circular Letter Number 2 of 2023 was released in response to the phenomenon of online begging. There is no specific legislation regulating online begging, but currently to stop it there is a regulation in the Criminal Code Article 504 concerning criminal sanctions for begging so that this sanction can stop online  begging activities. Therefore, the government needs to accommodate the rules of online  begging by forming special regulations related to this matter, as well as increasing the supervision of content on social media.
ANALISIS YURIDIS TERHADAP KECAKAPAN BERTINDAK DALAM MELAKUKAN PERKAWINAN MENURUT HUKUM PERDATA Ayu Metta Sandra; I Nyoman Putu Budiartha; Ni Made Puspasutari Ujianti
Jurnal Analogi Hukum Vol. 6 No. 3 (2024): Jurnal Analogi Hukum
Publisher : Fakultas Hukum Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/jah.6.3.2024.273-278

Abstract

Marriage is a contract that allows men and women to work together in accordance with their natural inclinations and creates a reciprocal relationship between rights and obligations. Based on this background, the criteria for selecting guardians for minors who are not subject to parental authority and the responsibility of guardians for the sale of the inheritance of children under their supervision are articulated as problems. This research uses normative legal research methodology. Normative legal research is the study of secondary sources of information in the field of law. that the state has defended the rights of children, especially with regard to inheritance. If one of the parents of a child dies when the child is still an adult, the child automatically takes on the role of guardian, including the authority to sell movable and immovable property belonging to the child with due regard to the law. Because the child is cared for by his or her own parents, the child's rights are protected and their future is secured because the longest living parent is still present and responsible.
Pencatatan Perkawinan Beda Agama Pasca Dikeluarkannya Surat Edaran Mahkamah Agung RI Nomor 2 Tahun 2023 Ni Putu Elisa Pebriyanti Putri; I Nyoman Putu Budiartha; I Nyoman Sutama
Jurnal Analogi Hukum Vol. 6 No. 3 (2024): Jurnal Analogi Hukum
Publisher : Fakultas Hukum Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/jah.6.3.2024.364-369

Abstract

Judging from the terms and conditions of its implementation, interfaith marriage combines two different sets of rules based on their respective religious laws. In the case of an application for marriage registration between people of different religions and beliefs, the judge must adhere to the instructions set out in the circular letter that has been issued. Because of the issuance of this circular letter, married couples with different beliefs are not allowed to register their marriages at the Population Office. Researching library sources is one of the methods in conducting legal research. Both statutory methods and conceptual analytical techniques are applied in this research. Samples were obtained, processed, and then examined. After using qualitative material processing procedures, the data was presented using descriptive analysis. Laws governing the union of individuals with different religious beliefs should be included in official policy, as the Human Rights and Marriage Laws have different requirements. Therefore, the government must also quickly harmonize the various regulations related to marriage.

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