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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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Status Anak Angkat Sebagai Ahli Waris Menurut Hukum Adat Bali I Made Rai Arya Suta Negara; Anak Agung Sagung Laksmi Dewi; I Wayan Werasmana Sancaya
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.6.3.2024.305-310

Abstract

Land title certificates are the final result in the deed registration process: The adoption of a child who makes heirs to a child for his adoptive parents. Implementation of an adoption of children by implementing customary law, especially in terms of inheritance system. A child adopted by adoptive parents where the adoption of the child has the purpose of being a successor to offspring for his adoptive parents. The research will discuss 1) the legal rules of a child as the heir of Balinese customary law? And 2)what is the form of inheritance distribution related to the adoption of children in customary law in Bali?. The author will use normative legal type research. People in Bali in particular Indigenous peoples from ancient times have adopted a patrilineal family system, in terms of adoption of children carried out with the aim of maintaining the continuity of property in the continuity of a family descendant and in customary law in Bali in the inheritance system derived from ancestors in the form of heirlooms.
Tindak Pidana Penadahan Dalam Kegiatan Usaha Pertambangan Mineral Bukan Logam Dan Batuan Tanpa Izin I Made Sadhu Arta Kori; I Nyoman Gede Sugiarta; Ida Ayu Putu Widiati
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.6.3.2024.311-316

Abstract

In Indonesia, there is a strong and steady development of roads, buildings and public facilities that will be very useful for the community in the future. However, in mineral exploitation activities there are still people who violate these regulations by committing criminal detention. The formulation of the problem is:1) how is the licensing arrangement for rock and nonmetal mineral mining companies? 2) What are the administrative sanctions for arresting entrepreneurs who carry out exploitation of non-metal minerals and rocks? This researchs uses normative legal research methods using legislation and document research methods by analysing and examining current legal regulations as a basis for problem solving. The results show that legal provisions related to criminal sanctions against licences to own and cultivate non-metal minerals and rocks are implied in the Criminal Code and regulated in Law Number 3 of 2020, amending and adding a number of articles in Law Number 4 of 2020. 2009, Articles 158 and 160 related to Non-Metal and Stone Mining, Government Regulation Number 5 of 2021 concerning the Implementation of Business Licences. In this case, there are sanctions and fines if business entities commit preventive violations in the exploitation of non-metal minerals and rocks.
Tinjauan Yuridis Genosida (Genocide) Dalam Perspektif Hak Asasi Manusia Berdasarkan Pengadilan Internasional I Putu Rama Aditya Prapta; I Nyoman Gede Sugiartha; 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.6.3.2024.317-322

Abstract

Every human being is born with their own religion, ethnicity and culture. Violence in groups that want to eliminate other groups is called the crime of genocide. In connection with this, how is the regulation of genocide in human rights courts in an international perspective? and how is the settlement of genocide events in international courts? This research uses a normative research type. The regulation of genocide in international law has been regulated by the 1948 genocide convention in Article 2 and Article 3 and was first memorialized in the 1998 Rome Statute Article 6. the settlement of genocide uses peaceful settlement and forced settlement. Peaceful settlements, such as negotiations, mediation, conciliation overseen by the United Nations if the settlement does not work effectively then a forced settlement is carried out through an international court.
Penyelesaian Sengketa Tanah Warisan Melalui Mediasi Terhadap Kedudukan Anak Angkat Dalam Sistem Pewarisan di Bali (Studi Kasus Desa Adat Dalung) Rai Dharma Utama; I Nyoman Putu Budiartha; Diah Gayatri Sudibya
Jurnal Analogi Hukum Vol. 7 No. 1 (2025): Jurnal Analogi Hukum
Publisher : Fakultas Hukum Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/jah.7.1.2025.118-123

Abstract

Inheritance land dispute is a problem that occurs due to the dissatisfaction of the heirs regarding the distribution of the inheritance inherited by the testator. This study is interesting to the following questions: 1) How to resolve inheritance disputes over the position of adopted children in the inheritance system in Bali? and 2) What are the causes of inheritance disputes in the inheritance system in Bali?. The purpose of the study is to understand the factors that cause the occurrence of Inherited Land Disputes, to find out the efforts to resolve Inherited Land Disputes Against the Position of Adopted Children ON the Inheritance System in Bali. This study uses an empirical legal research method by conducting direct research to Dalung Village, conducting interviews with informants at the location. The results of the study show that the factors that cause inheritance disputes in the inheritance system in Bali are that there are various parties who are dissatisfied with the distribution of inheritance, Dispute resolution efforts that can be carried out are through mediation, carried out by both parties to the dispute accompanied by kelian as a mediator
Sanksi Terhadap Pelanggar Izin Usaha Pada Industri Rumah Makan Pande Putu Dinda Novita Wijaya; Anak Agung Sagung Laksmi Dewi; Luh Putu Suryani
Jurnal Analogi Hukum Vol. 7 No. 1 (2025): Jurnal Analogi Hukum
Publisher : Fakultas Hukum Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/jah.7.1.2025.112-117

Abstract

A restaurant is a business that provides food and drinks for customers. Business opportunities for restaurants have broad market potential because food and drink are the basic needs of every individual. In this study the authors will discuss 1) the legal arrangements for business licences in the restaurant industry? and 2) how the sanctions against violators of business licences in the restaurant industry?. The research method used in this research is normative legal method. Based on the research obtained, in establishing a restaurant, a licence is required in accordance with applicable regulations, the licence will be grouped according to the level of business risk. Although there are regulations governing this sector, cases of licence violations are still very common in the community. As a result, business actors who violate the rules will be subject to administrative sanctions in the form of warnings, temporary suspension of operations through freezing business licences, fines, use of force by police officers, and revocation of company licences. In this case, the government should apply strict legal sanctions against violations of restaurant business licences, and business actors should have awareness in taking care of their business licence ownership.
Peran Desa Adat Dalam Penanaman Modal Asing Di Provinsi Bali Anak Agung Gede Arnawa; I Nyoman Putu Budiartha; Anak Agung Sagung Laksmi
Jurnal Analogi Hukum Vol. 7 No. 1 (2025): Jurnal Analogi Hukum
Publisher : Fakultas Hukum Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/jah.7.1.2025.1-7

Abstract

Indonesia is a country rich in customs and culture in each region and highly upholds the law based on the values of Pancasila and the 1945 Constitution. In human life, living independently is natural and cannot be denied. This fact can also be found in the life between countries (international interaction) mutual influence and interdependence of interests both economic, political defense and so forth is something essential. In this study there are two problem formulations including: 1) How is the position and function of indigenous villages towards foreign investment in Bali? 2) How is the legal regulation of indigenous villages against foreign investment? This research is a normative legal research based on laws and regulations and data obtained by the author on social media. The regulation of foreign investment in Indonesia is regulated based on Law No. 25 of 2007. This law contains a number of principles that underlie the formation of norms and rules contained in the articles of the Law.
Kebijakan Yuridis Deportasi Terhadap Warga Negara Asing (Studi Kasus Deportasi Terhadap Warga Negara Asing Di Bali) Ni Putu Christina Elzaputri Rahayu; I Made Minggu Widyantara; Ni Made Sukaryati Karma
Jurnal Analogi Hukum Vol. 7 No. 1 (2025): Jurnal Analogi Hukum
Publisher : Fakultas Hukum Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/jah.7.1.2025.106-111

Abstract

Deportation is a term for an immigration administrative action against foreign nationals who enter Indonesian territory and are suspected of violating Indonesian laws and regulations or committing dangerous acts that can threaten public safety and order. The formulation of the problem raised is, How is the juridical regulation of deportation of foreign nationals in Indonesia regulated in the applicable laws and regulations, How is the juridical policy of deportation of foreign nationals? The writing method used is normative legal research method. From the results obtained, the juridical regulation of deportation of foreigners in Indonesia is regulated in Law Number 6 of 2011 concerning Immigration. Based on Article 75 paragraph (1) of the Immigration Law. The policy carried out, if proven to have committed an immigration violation, the foreign national will be given a deportation order. The deportation order is signed by the Head of Immigration Office Class I Special TPI Denpasar. Foreigners who are deported will be put on the catch list.
Efektivitas Persatuan Advokat Wanita Indonesia (Pawin) Dalam Pemberian Bantuan Hukum Terhadap Pelaku Tindak Pidana Perempuan Ayu Prasetya Dewi; I Nyoman Gede Sugiartha; Ni Made Puspasutari Ujianti
Jurnal Analogi Hukum Vol. 7 No. 1 (2025): Jurnal Analogi Hukum
Publisher : Fakultas Hukum Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/jah.7.1.2025.8-12

Abstract

The Indonesian Women's Advocates Affiliation (PAWIN) is an organization that exists to secure and secure the nobility of ladies by giving legitimate help to female offenders who cannot bear administrations (prodeo probono). The issue is,1) how compelling is the Indonesian Women's Advocates Affiliation (PAWIN) in giving lawful help to female hoodlums? And 2) what are the deterrents and endeavors of the Indonesian Women's Advocates Affiliation (PAWIN) in giving legitimate help to ladies who commit violations?The method used is empirical legal research. The purpose of this study is to analyze the effectiveness of the Indonesian Women's Protection Association (PAWIN) and analyze the obstacles and efforts faced by the Indonesian Women's Protection Association (PAWIN). The method used is the empirical law of experimentation with a sociological approach. The data sources used are primary data from news sources and secondary data from legal documents. The results of this study explain the effectiveness of the Indonesian Lawyers Association (PAWIN) in providing legal support as well as the obstacles and efforts of the Indonesian Women Lawyers Association (PAWIN) in providing legal support.
Implikasi Penggunaan Alat Sadap “Zero-Click ” Dalam Penanganan Kasus Cyber Crime Dewa Gede Ary Krisna; Ida Ayu Putu Widiati; Ni Made Sukaryati Karma
Jurnal Analogi Hukum Vol. 7 No. 1 (2025): Jurnal Analogi Hukum
Publisher : Fakultas Hukum Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/jah.7.1.2025.13-22

Abstract

In Indonesia, technological progress is very rapid, but some people take advantage of this by committing criminal acts. This will have an impact on the protection of personal data. CyberCyber security in the form of wiretapping has a very important role. The formulation of the problem raised is 1) how is the regulation of the use of "zero-clickzero-click" tapping tools in cybercyber crimecrime cases, and 2) how are the implications of the use of "zero-clickzero-click" tapping tools in handling cybercyber crimecrime cases on personal data security? The research conducted is normative juridical, which is a deductive research that begins with analyzing the articles in the governing legislation. The results of the research show that the act of wiretapping is regulated in Article 5 Paragraph (2) and Article 31 Paragraph (3) of the Electronic Information and Transaction Law, there is an expansion of evidence where legally, wiretapping is a legal action. The act of wiretapping is contrary to human rights in the protection of personal data, so the government guarantees data confidentiality for victims which has been regulated in Article 17 of the Minister of Communication and Information Technology Regulation Number: 11/PER/M.KOMINFO/02/2006 relating to Technical Tapping.
Akibat Hukum Kepemilikan Senjata Tajam Tanpa Ijin Ni Putu Ayu Sri Darma Putri; Anak Agung Sagung Laksmi Dewi; Luh Putu Suryani
Jurnal Analogi Hukum Vol. 7 No. 1 (2025): Jurnal Analogi Hukum
Publisher : Fakultas Hukum Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/jah.7.1.2025.100-105

Abstract

Weapons that resemble sharp objects including knives, sickles, axes, machetes, etc. are referred to as sharp weapons. Considerable losses to society will arise due to the increase in crime due to the possession of sharp weapons without a license. The author examines the legal consequences for the owner of sharp weapons in the event of a criminal offense, along with the laws and regulations governing the possession of sharp weapons without a license. Normative legal research is the type of research used. The conclusion of the study shows that unlawful possession of sharp weapons can cause insignificant losses, endanger public safety and order, and disrupt community life. Sharp weapons are not always prohibited from use or possession; examples are domestic sharp weapons, agricultural weapons, heirloom weapons, and antiques. Those caught in possession of bladed weapons without a license are liable to ten months' imprisonment. To hold criminals accountable for their activities, there are penalties for those who violate criminal provisions. In this case, police officers must conduct raids with strict supervision if carrying sharp weapons without a license.

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