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
483 Documents
<![CDATA[Perlindungan Hukum Terhadap Data Pribadi Konsumen Pada Pembelian Barang di Marketplace ]]>
<![CDATA[Ida Bagus Wahyu Wira Kusuma]]>;
<![CDATA[Anak Agung Sagung Laksmi Dewi]]>;
<![CDATA[Ni Made Puspasutari Ujianti]]>
<![CDATA[ Jurnal Analogi Hukum Vol. 7 No. 1 (2025): Jurnal Analogi Hukum ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Warmadewa ]]>
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DOI: 10.22225/jah.7.1.2025.64-70
<![CDATA[Legal development in Indonesia focuses on regulation for the economy, particularly in e-commercee. While e-commerce facilitates transactions and affects the economy, cybercrime and personal data protection are threats. The problems are: 1. How is the regulation of consumer personal data on the purchase of goods in the marketplace? and 2. How is the legal protection of consumer personal data on the purchase of goods in the marketplace? This research uses normative research methods. The purpose of this study is to analyze the law in assisting legal protection of consumer personal data on the purchase of goods in the marketplace and analyze the challenges and obstacles faced by the law in handling cases of legal protection of consumer personal data on the purchase of goods in the marketplace. Privacy protection is regulated in the ITE Law and PP PSTE. Online legal remedies can be accessed to protect the privacy rights of ecommerce and Online marketplaces, following international legal mechanisms. Consumer rights in the Marketplace are regulated by Law No. 8 Year 1999 on Consumer Protection. MOCI Regulation No. 20/2016 supports consumer rights related to data protection and complaints. Electronic system operators, including marketplace companies, are required to establish internal rules, including privacy policies, to safeguard personal data.]]>
<![CDATA[Sanksi Pidana Bagi Pelaku Kejahatan Sekstorsi Dalam Hukum Positif Di Indonesia ]]>
<![CDATA[I Nyoman Krisna Hermawan]]>;
<![CDATA[A.A Sagung Laksmi Dewi]]>;
<![CDATA[Ni Made Puspasutari Ujianti]]>
<![CDATA[ Jurnal Analogi Hukum Vol. 7 No. 1 (2025): Jurnal Analogi Hukum ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Warmadewa ]]>
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DOI: 10.22225/jah.7.1.2025.54-57
<![CDATA[The development of period advanced brings a variety of implications, both constructive and destructive. Cybercrime often takes the form of online sexual orientation-based violence, namely sexual crimes with the threat of spreading pornographic content. The formulation of the problem in this research is 1) Regulation of sex offenders in Indonesian positive law 2) Criminal sanctions against sex offenders, this research uses normative legal research. The legal regulation of sexortion cases in Indonesia can be viewed from the provisions contained in the Criminal Code as lex generalis as well as provisions outside the Criminal Code. In September 2019, a video titled "Vina Garut" went viral on social media. A video of trio sexual intercourse (sexual intercourse performed by three people simultaneously) with V as one of the actors in it surfaced on social media. R - V's husband, who claimed to have separated from V, forced V to have sexual intercourse, R also recorded the sexual intercourse and sold it on Twitter. V, R and another actor, WW, were questioned by Garut Police.]]>
<![CDATA[Akibat Hukum Pembatalan Sepihak Oleh Konsumen Dalam Transaksi Jual Beli Melalui Marketplace Shopee Dengan Sistem Pembayaran Cash On Delivery Shopee ]]>
<![CDATA[I Nyoman Putu Budiartha]]>;
<![CDATA[Ida Ayu Putu Tania Krisna Dewi]]>;
<![CDATA[I.B. Gede Agustya Mahaputra]]>
<![CDATA[ Jurnal Analogi Hukum Vol. 7 No. 1 (2025): Jurnal Analogi Hukum ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Warmadewa ]]>
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DOI: 10.22225/jah.7.1.2025.58-63
<![CDATA[In the modern era, cash on delivery transactions are in great demand by the public because they provide convenience. However, behind the convenience offered, consumers often make unilateral cancellations by refusing to pay for orders, this is a default that can have legal consequences. The main problem found in this research is how is the regulation of the cancellation of sales and purchase transactions carried out unilaterally by consumers with the cash on delivery system in the Shopee marketplace? And what are the legal consequences of unilateral cancellation by consumers in cash on delivery transactions at the Shopee marketplace?. By using a normative type of legal research with a legislative approach. The conclusion of this research is that Shopee allows consumers to cancel cash on delivery orders unilaterally with several conditions. While the legal consequences received by consumers are that the consumer can be sued based on Article 6 and Article 5 of Law No. 8 of 1999 and Article 1513 of the Civil Code. The seller can also sue consumers to claim compensation as stipulated in Article 1243 of the Civil Code and Article 21 paragraph (4) of Law No. 19 of 2016.]]>
<![CDATA[Akibat Hukum Terhadap Bendesa Adat Yang Menjadi Calon Legislatif Dalam Pemilu 2024 ]]>
<![CDATA[Serly Septiana Panca Putri]]>;
<![CDATA[I Gusti Bagus Suryawan]]>;
<![CDATA[Indah Permatasari]]>
<![CDATA[ Jurnal Analogi Hukum Vol. 7 No. 2 (2025): Jurnal Analogi Hukum ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Warmadewa ]]>
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DOI: 10.22225/jah.7.2.2025.242-248
<![CDATA[In Bali, traditional villages are led by a traditional village head/kelian/ who has the right to organize and lead a special traditional village in Bali. The existing problem is the pros and cons of traditional craft village leaders who become candidates in the 2024 legislative elections. The problem under consideration in this study is the legal consequences of traditional craft village leaders becoming candidates in the 2024 legislative elections and what are the impacts. The legal consequences of this are (1) the candidacy of traditional village heads in the 2024 legislative elections?. (2) What are the factors driving the traditional village head to become a candidate in the 2024 legislative elections? The type of research used is empirical legal research by conducting direct interviews with the community, traditional craft village leaders, KPU and Bawaslu. The results showed that the law does not prohibit Native Americans from running for the legislature. The factor that supports Kursi Adat Jero Kuta to become a candidate is because he was recommended by the Batubulan Village Head to become a candidate representing Batubulan Village.]]>
<![CDATA[Sanksi Pidana Terhadap Pelaku Pencemaran Konservasi Sumber Daya Alam ]]>
<![CDATA[Putu Nandita Dewi]]>;
<![CDATA[I Nyoman Gede Sugiartha]]>;
<![CDATA[Luh Putu Suryani]]>
<![CDATA[ Jurnal Analogi Hukum Vol. 7 No. 2 (2025): Jurnal Analogi Hukum ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Warmadewa ]]>
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DOI: 10.22225/jah.7.2.2025.235-241
<![CDATA[Indonesia is abundant with rich natural resources. The natural resources available in Indonesia provide many uses for humans. Due to their irreplaceable nature and vital role for human life, conservation of natural resources is an absolute responsibility for every generation. Currently, conservation efforts are the most discussed topic of conversation. This research is a normative type of legal research, meaning that this research begins with a deductive analysis of the provisions in the governing legislation. The results show that environmental protection for natural resource conservation is regulated in Law No. 5 of 1990. In addition, the law also regulates criminal sanctions for violators who pollute natural resources. Law No. 5 of 1990 contains legal provisions relating to rights, obligations, and authorities in an effort to protect and manage natural resources. Criminal sanctions are a form of punishment that aims to ensure that legal rules regarding natural resource conservation management are respected and adhered to in accordance with the law.]]>
<![CDATA[Implementasi Asas Local Wisdom Dalam Perlindungan dan Pengelolaan Lingkungan Hidup di Desa Wisata Ubud ]]>
<![CDATA[Putra Prawira Satya Utama]]>;
<![CDATA[I Nyoman Gede Sugiartha]]>;
<![CDATA[Luh Putu Suryani]]>
<![CDATA[ Jurnal Analogi Hukum Vol. 7 No. 2 (2025): Jurnal Analogi Hukum ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Warmadewa ]]>
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DOI: 10.22225/jah.7.2.2025.229-234
<![CDATA[Village tourism is important in the world of tourism. But it actually causes exploitation, as for the formulation of the problems taken in this study, namely: (1) How is the implementation of the principle of local wisdom in environmental protection and management in Ubud Tourism Village? (2) How are the supporting and inhibiting factors for the implementation of the principle of local wisdom in the protection and management of the environment in Ubud Tourism Village? The research method used is the type of empirical law research with the type of fact, legislation, and conceptual approach. The results of the study are the implementation of the principle of local wisdom in environmental protection and management in Ubud Tourism Village is carried out traditionally by the Tourism Village Manager, and the surrounding community manages environmental protection with a local wisdom approach. Supporting factors for the implementation of local wisdom principles in environmental protection and management in Ubud Tourism Village are the strong implementation of awig-awig. The inhibiting factor of the implementation of the principle of local wisdom in Ubud Tourism Village is the absence of clear Regional Regulation and lack of socialization.]]>
<![CDATA[Pengaturan Pajak Pertambahan Nilai dan Pajak Penghasilan Atas Barang Dalam Transaksi Perdagangan Dengan Sistem Elektronik (E-Commerce) ]]>
<![CDATA[Ni Luh Debby Srinitha Mulyani]]>;
<![CDATA[I Nyoman Putu Budiartha]]>;
<![CDATA[Desak Gde Dwi Arini]]>
<![CDATA[ Jurnal Analogi Hukum Vol. 7 No. 2 (2025): Jurnal Analogi Hukum ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Warmadewa ]]>
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DOI: 10.22225/jah.7.2.2025.224-228
<![CDATA[Online buying and selling transactions can cause issues in the tax collection system similar to those in conventional buying and selling. The policies for income tax (PPH) and value-added tax (PPN) between conventional trade systems and e-commerce are similar. The object of income tax in e-commerce transactions is what is received by the taxpayer from the increase in economic capacity, while the object of value-added tax in e-commerce transactions includes the provision of taxable goods that are sold, the use of taxable goods, taxable services, and the export of taxable goods. The research problem formulation of this study is (1) How is the taxation of objects that can be subjected to income tax (PPH) and value-added tax (PPN) in e-commerce transactions? and (2) What is the procedure for imposing income tax (PPH) and value-added tax (PPN) on goods that are transacted electronically (e-commerce)? The research method taken is based on normative legal research, and the approaches used are legislative and conceptual approaches. The goal of this research is to understand the regulation of value-added tax as well as income tax on goods in transactions conducted through internet utilization, as well as the procedure for imposing value-added tax and income tax on electronically transacted goods (e-commerce).]]>
<![CDATA[Kajian Yuridis Terhadap Pengaturan Platform Jasa Kesehatan Online Sesuai Dengan Ketentuan Kementerian Kesehatan ]]>
<![CDATA[Ni Kadek Derlin Yanti]]>;
<![CDATA[Anak Agung Sagung Laksmi Dewi]]>;
<![CDATA[Ni Made Sukaryati Karma]]>
<![CDATA[ Jurnal Analogi Hukum Vol. 7 No. 2 (2025): Jurnal Analogi Hukum ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Warmadewa ]]>
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DOI: 10.22225/jah.7.2.2025.219-223
<![CDATA[Advances in Information and communication technology have transformed the world into one borderless sphere. Online health platform is one form of change in the health sector that utilizes technology to provide health services by doctors to patients online. The problem in this study is (1) How the regulation of online health service platforms in accordance with the Ministry of Health? And (2) How sanctions for medical personnel who do not meet the standards of the Ministry of Health?. The research method used includes normative legal research through statutory and conceptual approaches. The legal regulation of online health services is regulated in Law 36 of 2009 concerning Health as part of the provision of health services, ITE Law Number 11 of 2008 which regulates the operation of electronic systems and Permenkes Number 20 of 2019 which further regulates the implementation of telemedicine. Patients who are harmed can file for liability by submitting a complaint to the Indonesian Medical Discipline Honor Council. The decision (MKDKI) can be binding on doctors, dentists, and KKI who can hand out not guilty decisions or give punishments following the provisions in Article 69 of the Medical Practice Act.]]>
<![CDATA[Sanksi Hukum Terhadap Pelaku Penyelundupan Tenaga Kerja Indonesia (TKI) Secara Ilegal Ke Luar Negeri ]]>
<![CDATA[A.A Mas Karpeka Devi]]>;
<![CDATA[Anak Agung Sagung Laksmi Dewi]]>;
<![CDATA[I Gusti Agung Ayu Gita Pritayanti Dinar]]>
<![CDATA[ Jurnal Analogi Hukum Vol. 7 No. 2 (2025): Jurnal Analogi Hukum ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Warmadewa ]]>
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DOI: 10.22225/jah.7.2.2025.124-130
<![CDATA[The lack of job opportunities in Indonesia, along with the increasing needs, has led many Indonesians to choose to seek employment abroad. TKI (Indonesian Migrant Workers) are those who travel abroad to work in order to earn a wage. Individuals who are very enthusiastic about working abroad can create various problems as a result, one of which is the illegal placement of TKI by individuals who send TKI without following the existing regulations. Prospective migrant workers certainly suffer losses due to this situation. Regarding this, (1) What are the legal guidelines for sending Indonesian Migrant Workers (TKI) abroad? What are the legal sanctions for those involved in the illegal trade of Indonesian migrant workers abroad? In this study, a legislative and regulatory approach is combined with a normative legal methodology. Based on the examination, it was found that there may be administrative and criminal sanctions for those who violate the law. However, Law of the Republic of Indonesia Number 18 of 2017 on the Protection of Indonesian Migrant Workers temporarily regulates these sanctions.]]>
<![CDATA[Tanggung Jawab PT Jasa Raharja Dalam Klaim Asuransi Terhadap Kecelakaan Lalu Lintas Penumpang Angkutan Umum ]]>
<![CDATA[Cok Gede Bagus Putra Premana Pemayun]]>;
<![CDATA[I Nyoman Putu Budiartha]]>;
<![CDATA[Desak Gde Dwi Arini]]>
<![CDATA[ Jurnal Analogi Hukum Vol. 7 No. 2 (2025): Jurnal Analogi Hukum ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Warmadewa ]]>
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DOI: 10.22225/jah.7.2.2025.131-136
<![CDATA[Traffic and road transportation play a very important role in daily human life. One of the risks that can occur in human activities is the occurrence of traffic accidents, which are unexpected and unintentional events on the road involving vehicles with or without users. Other means that cause casualties and property damage. The problems are: 1) What is the legal ratio for public transportation passengers in Article 19 of Government Regulation Number 17 of 1965? 2) How is the responsibility of insurance to passengers as victims of public transportation passenger accidents? The purpose of the study is to determine and analyze the legal ratio for public transport passengers in Article 19 of Government Regulation Number 17 of 1965 and to determine and analyze the insurance responsibility of passengers as victims of public transport vehicle accidents. The method used is the normative law method. This research is regulated in Government Regulation Number 17 of 1965 concerning the provisions for the implementation of the Mandatory Passenger Accident Insurance Fund, which aims to help underprivileged people if they have an accident in public transportation, as well as Law Number 33 of 1964 concerning the Mandatory Passenger Accident Insurance Fund In this case the Government cooperates with PT Jasa Raharja to provide coverage and procedures for insurance claims if public transportation passengers experience accidents.]]>
