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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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Implementasi Perizinan Berusaha Berbasis Risiko Pada Usaha Wisata Bidang Penyediaan Akomodasi di Kabupaten Karangasem I Wayan Mulyadi Pratama Sukerta; Ketut Kasta Arya Wijaya; Indah Permatasari
Jurnal Analogi Hukum Vol. 7 No. 2 (2025): Jurnal Analogi Hukum
Publisher : Fakultas Hukum Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/jah.7.2.2025.187-192

Abstract

A system of licensing is in place for enterprises in the lodging sector that is based on the degree of risk the firm poses. This system is known as accommodation risk-based business licensing. In this method, a number of potential risks to the company are evaluated before a permit is granted. These potential dangers may have nothing to do with safety, health, the environment, or anything else at all. Businesses providing lodging must adhere to all relevant rules and regulations and operate in a safe and responsible manner, which is why this permission is necessary. Law No. 10 of 2009 Concerning Tourism is the Law of the Republic of Indonesia Regulating Tourism. Many facets of the tourist industry, including lodging, are addressed by this statute. When it comes to developing tourism in a way that is both comprehensive and sustainable, this legislation governs the roles and responsibilities of the community, visitors, businesses, federal, and state governments. Consequently, this licensing aids in shielding the public and customers from any harm caused by the activities of housing businesses. Job Creation Law No. 6 of 2023 governs risk-based licensing, which includes lodging enterprises. A risk-based licensing system is put in place by the government under the Job Creation Law to streamline the licensing procedure for business actors.
Perlindungan Hukum Satwa Terhadap Eksploitasi Berkaitan Dengan Ekosistem Gede Dius Waisnawa Cahyadi; I Nyoman Gede Sugiartha; I Nyoman Sutama
Jurnal Analogi Hukum Vol. 7 No. 2 (2025): Jurnal Analogi Hukum
Publisher : Fakultas Hukum Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/jah.7.2.2025.137-142

Abstract

Exploitation means exploitation on a large scale, usually in plantations, mining, or exploitation for personal gain. The existence of exploitation requires massive conservation efforts by all affected groups, because all components of nature need each other and play an equally important role in maintaining the balance of ecosystem resources. This includes law enforcement on the existence of protected wildlife.  The problems are: 1) What are the legal protections for protected sea turtles? 2) What legal responsibilities do the perpetrators face when exploiting protected sea turtles? Research and understand the legal protection of protected sea turtles and the legal consequences for perpetrators of exploitation of protected sea turtles. Liability for perpetrators of protected turtle exploitation may include criminal intimidation under Article 21(2)(a) jo. Article 40(2) of the Law on Biological Protection provides a maximum imprisonment of 5 years and a fine of one hundred million Rupiah.
Perlindungan Hukum Bagi Konsumen Bunda Laundry Atas Kelalaian Pelaku Usaha Yang Mengakibatkan Kerugian Pada Konsumen I Wayan Pande Eka Trisna; I Nyoman Putu Budiartha; Ni Made Puspasutari Ujianti
Jurnal Analogi Hukum Vol. 7 No. 2 (2025): Jurnal Analogi Hukum
Publisher : Fakultas Hukum Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/jah.7.2.2025.193-198

Abstract

Consumer protection is an important aspect of running a sustainable business. Legal balance between consumers and producers is the key to preventing losses to consumers. This research aims to examine the legal protection for Bunda Laundry consumers who suffer losses due to the negligence of business actors. Law Number 8 Year 1999 on Consumer Protection is (1) How the legal basis that covers laundry service users. The formulation of the research problem includes questions about legal protection for consumers of Bunda Laundry? and (2) How to resolve the negligence of business actors that result in losses?. The type of research used is Empirical Law with a sociological approach, statutory approach, and conceptual approach. Data sources involve primary legal materials from the Constitution of the Republic of Indonesia, as well as interviews with owners, customers, and employees of Bunda Laundry. Data analysis was conducted by assembling data, clarifying, analyzing, and interpreting data to find relevant patterns and relationships. This research was conducted at Bunda Laundry on Jalan Lettu Anom Kawan Bangli, The results of the study are expected to contribute to the understanding of consumer legal protection in the laundry service business.
Sanksi Pidana Terhadap Pelaku Tindak Pidana Pajak Penghasilan Kadek Hendra Wiguna; Ida Ayu Putu Widiati; Ni Made Puspasutari Ujianti
Jurnal Analogi Hukum Vol. 7 No. 2 (2025): Jurnal Analogi Hukum
Publisher : Fakultas Hukum Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/jah.7.2.2025.199-205

Abstract

Income tax is a direct tax levied by the central and state governments. The problem formulations in this study include: 1. How are income tax offenses regulated? What are the penalties for income tax violators? The research method applied in this research is normative legal research, using a statutory approach and case studies. Based on the results of the research, it can be concluded that Law Number 36 of 2008 concerning Income Tax has regulated the principles of calculating income tax such as who is subject to tax, what is the purpose of the tax, and different applicable tax rates. Violations of laws and regulations in the field of taxation committed by taxpayers are regulated in Articles 38 and 39 of Law Number 28 of 2007 concerning General Regulations and Procedures for Taxation, as well as Article 43A of Law Number 7 of 2007 In tax law, criminal sanctions apply, including fines, imprisonment, and confinement. The use or management of administrative and criminal sanctions in the field of taxation is explained in Law Number 28 of 2007 concerning General Regulations and Tax Procedures as stated in Articles 38 and 39.
Pengaturan Tata Ruang Wilayah Terhadap Alih Fungsi Lahan Pertanian Menjadi Objek Wisata di Bali Komang Ajus Nada Putra; I Nyoman Gede Sugiartha; Luh Putu Suryani
Jurnal Analogi Hukum Vol. 7 No. 2 (2025): Jurnal Analogi Hukum
Publisher : Fakultas Hukum Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/jah.7.2.2025.206-211

Abstract

The regulation of spatial planning regarding the conversion of agricultural land into tourist attractions in Bali is analyzed through a scientific approach, examining its impacts on the environment, economy, and local community's social aspects. The research focuses on policies, regulations, and spatial planning implementations influencing land transformation. In this context, the problem formulation revolves around (1) how spatial planning regulates the conversion from agricultural land to tourist areas in Bali?, and (2) how its legal implications on spatial planning due to such transformation. This study adopts a normative law approach, indicating that the regulation of spatial planning concerning the conversion of agricultural land into tourist areas in Bali is outlined in the Provincial Regulation of Bali Number 2 of 2023 regarding the Spatial Planning Plan of Bali Province for the Year 2023-2024. The legal impacts of the transformation of agricultural land into tourist areas in Bali will depend on the regulations in force in Bali.
Sanksi Pidana Bagi Pengemudi Angkutan Umum Terhadap Kelalaian Yang Menyebabkan Kecelakaan Gede Kristya Yuan Prayoga; Anak Agung Sagung Laksmi Dewi; Luh Putu Suryani
Jurnal Analogi Hukum Vol. 7 No. 2 (2025): Jurnal Analogi Hukum
Publisher : Fakultas Hukum Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/jah.7.2.2025.143-149

Abstract

Several issues affecting road traffic safety are traffic accidents. The high number of accidents in Indonesia is one of the consequences of the low awareness of road users and transportation service providers regarding compliance with traffic regulations and road safety. Two legal questions arise: (1) What regulations apply to public transport drivers regarding negligence that causes accidents? (2) What are the penalties for public vehicle drivers who are negligent and cause traffic accidents? This study uses a normative legal research method. Regulations on public transportation drivers related to training. Training will be conducted more frequently on the highways or while public transportation is in motion, so that drivers better understand field conditions. Criminal sanctions imposed on public transportation drivers for their negligence are regulated in CHAPTER XX which governs the criminal provisions of Law of the Republic of Indonesia Number 22 of 2009 concerning Traffic and Road Transportation. However, many drivers still ignore this, leading to accidents. Therefore, training and education for public transportation drivers, as well as adjustments to the Investigators of Civil Service (PPNS) are needed to apply the law correctly.
Perlindungan Hukum Terhadap Saksi Pelapor (Whistleblower) Dalam Kasus Tindak Pidana Korupsi di Indonesia Komang Ayu Trisna Dewi; Anak Agung Sagung Laksmi Dewi; Made Minggu Widiantara
Jurnal Analogi Hukum Vol. 7 No. 2 (2025): Jurnal Analogi Hukum
Publisher : Fakultas Hukum Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/jah.7.2.2025.212-218

Abstract

The title of this research is Legal Protection of Whistleblower Witnesses in Corruption Crimes Cases in Indonesia. The problems are (1) How is the legal regulation of whistleblower witnesses in corruption cases in Indonesia? (2) How is the legal protection of whistleblower witnesses in corruption cases in Indonesia? This research conducts a normative legal study using statutory and conceptual techniques. Primary, secondary, and tertiary online documents are the legal resources used. Descriptive-analytical techniques are used to evaluate legal materials. Legislation No. 31/2014 regulates the prerequisites for parties seeking LPSK protection, including provisions regarding research-based reporting. In Indonesia, individuals who disclose corruption cases as witnesses or "whistleblowers" and provide clear information regarding illicit activities, particularly those related to organized crime, may be granted legal protection. The aforementioned safeguards can be inferred from the Witness and Victim Protection Law Number 31 of 2014. The group passed Law No. 31 of 2014 which regulates the legal framework and reporting procedures for those with knowledge of corruption crimes in Indonesia, as well as the protection of witnesses and victims, after much deliberation.
Efektivitas Pelayanan Perizinan Berusaha Berbasis Digital Di Kabupaten Bangli I Dewa Oka Angga Wirama; Ida Ayu Putu Widiati; Luh Putu Suryani
Jurnal Analogi Hukum Vol. 7 No. 2 (2025): Jurnal Analogi Hukum
Publisher : Fakultas Hukum Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/jah.7.2.2025.150-155

Abstract

The industrial revolution will change human lifestyles, as people interact with each other and work from manual to digital. The OSS RBA institution offers a variety of business licenses, including Electronically Integrated Business Licensing and Online Single Submission Risk Based Approach (OSS RBA). The OSS RBA system allows micro, small, medium and large business owners to apply for business licenses online. The formulation of the problem to be discussed is (1) How is the Implementation of Digital-Based Business Licensing at the Bangli Regency Investment and One-Stop Integrated Services Office? And (2) how are the obstacles and efforts made by the Bangli Regency One-Stop Investment and Integrated Services Office in streamlining digital-based business licensing services? This research uses interview techniques as part of an empirical legal research design. Business licensing is based on two laws and regulations: Government Regulation Number 5 of 2021 which regulates the implementation of risk-based licensing, and Government Regulation Number 6 of 2021 which regulates the implementation of regional licensing.
Pelaksanaan Penertiban Gelandangan dan Pengemis Oleh Satuan Polisi Pamong Praja di Kota Denpasar I Dw Md Suryawan Wira Kesuma; Ida Ayu Putu Widiati; Luh Putu Suryani
Jurnal Analogi Hukum Vol. 7 No. 2 (2025): Jurnal Analogi Hukum
Publisher : Fakultas Hukum Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/jah.7.2.2025.156-161

Abstract

Denpasar City, a popular tourist destination, is struggling to maintain peace and order due to rapid urbanization and an influx of migrants. This has led to an increasing number of job seekers exceeding the job opportunities available in the city. The problems in writing this thesis are (1) How is the implementation of the control of vagrants and beggars by the Pamong Praja Police Unit in Denpasar City? and (2) How are the obstacles faced by the Pamong Praja Police Unit in controlling vagrants and beggars in Denpasar City. The research method used is an empirical method by collecting data through interviews with related parties, document analysis, and direct observation of the curbing process. The results showed that the curbing and handling of vagrants and beggars in Denpasar City has not gone well, seen from the many activities of vagrants and beggars in Denpasar City so that it still disturbs public order. The obstacles of the Civil Service Police Unit in controlling vagrants and beggars are divided into Juridical and Non-Juridical obstacles. The Denpasar City Government is still trying to deal with the social problems of vagrants and beggars by means of preventive, refrensive, and rehabilitation.
Perlindungan Hukum Tari Sanghyang Memedi Sebagai Ekspresi Budaya Tradisional Di Desa Adat Pangkung Karung Gede Kabupaten Tabanan I Gusti Made Agung Satria Putra; I Wayan Wesna Astara; Diah Gayatri Sudibya
Jurnal Analogi Hukum Vol. 7 No. 2 (2025): Jurnal Analogi Hukum
Publisher : Fakultas Hukum Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/jah.7.2.2025.162-167

Abstract

Indonesia's arts and culture are diverse and valued as national treasures. Copyright law protects traditional cultural expressions owned by communal communities. The Sanghyang Memedi dance performed in Pangkung Karung Gede Traditional Village is one example of such expression. However, this dance is gradually being forgotten due to its sacred nature and limited performance opportunities based on Balinese customs and culture. The formulation of the problem raised is 1) How is the legal protection of Sanghyang Memedi dance in Pangkung Karung Gede Traditional Village, Tabanan Regency as a Traditional Cultural Expression? and 2) Factors that become obstacles in the legal protection of Sanghyang Memedi dance in Pangkung Karung Gede Traditional Village, Tabanan Regency as a traditional cultural expression? This research uses empirical legal research, namely the gap between a norm and the situation in society. The results of this study indicate that the Sanghyang Memedi Dance in the Pangkung Karung Gede Traditional Village of Tabanan Regency does not receive copyright protection because people do not understand its importance. To overcome this, the government needs to educate and collect information from artists and communities in the village.

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