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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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Eksistensi Taksi Online pada Kawasan Pariwisata di Bali I Ketut Adnyana; Ida Ayu Putu Widiati; I Nyoman Sutama
Jurnal Analogi Hukum Vol. 1 No. 2 (2019): Jurnal Analogi Hukum
Publisher : Fakultas Hukum Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/ah.1.2.2019.207-212

Abstract

The economic growth of a nation depends greatly on the quality of transportation. Online taxi is an innovation in public transport. Using communication technology in the form of applications that can connect between users with transport driver. The existence of a taxi online growing rapidly due to public transport users got options other than conventional taxis. But the presence of a taxi online got rejection in the society especially by society as the transport trade, because the rated breaking traffic laws and road transport as well as going on unhealthy business competition. There are two (2) problems of research: (1) legal online taxi arrangements according to the law No. 22 of 2009, (2) the existence of a taxi online at Bali's tourism regions. The purpose of this research is to know the law setting the online presence and existence of taxi online on the area of tourism in Bali.This research uses the normative legal research methods with the application of laws or regulations, the study of librarianship as primary and secondary legal materials and supported by empirical data with interviews directly. Based on the results of the research note that: (1) online Taxi is not mentioned explicitly in the Act No. 22 of year 2009, but the taxi online is set in the regulation of the Minister of transportation Number 108 Years 2017, as the rental of special transport. (2) A taxi online still got rejections due to its perceived would happen competition and do not respect the role of the community in the area of tourism. The role of local governments in regulating taxi online presence is very important, so as not to give rise to polemics which can interfere with the image of Bali tourism.
Perlindungan Hukum bagi Penjahit Rumahan yang Menerima Pesanan Jahitan dari Perusahaan Garment tanpa Perjanjian Kerja Tertulis I Made Adi Putrawan; I Nyoman Putu Budiartha; I Putu Gede Seputra
Jurnal Analogi Hukum Vol. 1 No. 2 (2019): Jurnal Analogi Hukum
Publisher : Fakultas Hukum Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/ah.1.2.2019.213-217

Abstract

In the industry in the field of clothing production this can usually be in the form of individuals, convection and garment. In the industry in this field of production there are Laws concerning Labor. Where a Home Tailor has a working relationship with a Garment Company and has a work agreement between the two parties to complete the stitching order that the Garment Company gives to Home Tailors. In the work relationship the Home Tailor (Tailor Fanani) can be mentioned as a Specific Time Worker (PKWT) because the work agreement that has been done is only an oral agreement and only in the form of Down Payment. As for what will be discussed in the discussion include: 1. What is the type of work in the employment relationship between a garment and home tailors, 2. What is the form of legal protection provided by the government for home tailors who work on orders from garment companies without written work agreements. This study is an empirical study analyzed qualitatively descriptive. This data is obtained through interviews with the parties involved in the employment relationship. In the work carried out by the Home Tailor is bulk, where the work given by the Garment Company to these home tailors is a large number and various types of motifs and colors. Legal protection against fanani as a Home Tailor is in preventive and repressive legal protection.
Penegakan Hukum terhadap Adanya Aksi Persekusi I Made Arif Dwi Cahyadi; I Gusti Bagus Suryawan; I Nyoman Sutama
Jurnal Analogi Hukum Vol. 1 No. 2 (2019): Jurnal Analogi Hukum
Publisher : Fakultas Hukum Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/ah.1.2.2019.218-222

Abstract

Legal issues against the presence of the action of the persecution in the community growing and complex, so it needs a regulation which expressly regulate and make the legal umbrella to protect the community itself for the apparatus law enforcement easy doing the application of penalties against the existence of the action for the persecution. Until this time the rule of law-related persecution in Indonesia have not been clearly arranged according to where the large Indonesian Language Dictionary of persecution that is is arbitrary against a hunt or a number of citizens and being hurt, compounded or the Chief. From the background of the above, the authors take the title research law enforcement Action Against the existence of Persecution. Formulation of the problem in this research, namely how the concept of persecution in positive law and how the law enforcement action against the existence of persecution. The type of research used in the writing of this thesis is the normative legal research. Normative research type that is based on the rule of law in order to answer the problems that exist. The concept of persecution in positive law are examined, namely the Constitution of the Republic of Indonesia year of 1945, the legislation of the Republic of Indonesia Number 39 Year 1999 on human rights and the Criminal law. Law enforcement by the police against the existence of the rule of law to use the persecution of action contained in the legislation of criminal law.
Perlindungan Hukum dalam Pengalihan Karya Musik yang Diunggah pada Sosial Media I Made Dwi Darmestha; I Nyoman Putu Budiartha; Ni Made Puspasutari Ujianti
Jurnal Analogi Hukum Vol. 1 No. 2 (2019): Jurnal Analogi Hukum
Publisher : Fakultas Hukum Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/ah.1.2.2019.223-227

Abstract

Song or music works become an unique creation in one part of the copyright itself where song ormusic works are intangible but have legal power in copyright and do not need to be registered to recognize the work. And the transferof song or music works will be enjoyed as a whole, especially to its creator, the copyright holder, and the community. In its development, covering songs become a term in the transfer of song ormusic works. The need of law in protecting the transfer of song ormusic works, especially in the work uploaded on social media. The formulation of the problem in this study is 1. How is the legal certainty of the transfer of music to others? 2. How is the legal protection of copyright holders over the transfer of music that is uploaded through social media? This study uses normative legal research methods, uses a legal approach and conceptual approach, examines primary legal materials, secondary legal materials, and tertiary legal materials and uses legal material collection techniques with library studies, reading literature and related internet pages. The activity of transferring copyright in a musical work or referred to as covering a song where the legality can be carried out by someone else in someone's work in connection with the existence of a license and related royalties. This legal arrangement is basically still legal even though the law is in Law No. 28 of 2014 concerning License licensing rights and royalties in transfers. In the covered music and uploaded on social media, for example youtube, in the current development, YouTube has become an activity that produces economic value.In other words, when there is a copyright transfer, especially song atau music works from someone who is not the creator of the work and uploaded to the social media in general, a creator's license must be included.In connection with the economic value contained in social media, it means that the economic right of a work participates in switching.In other words, there is a royalty that must be given to the owner or creator of a song atau music works.
Pelaksanaan Jaminan Sosial Kecelakaan Kerja pada Pekerja Toko Modern (Supermarket) di Kabupaten Badung I Made Oka Pradnya Prawira; I Nyoman Putu Budiartha; Ni Made Puspasutari Ujianti
Jurnal Analogi Hukum Vol. 1 No. 2 (2019): Jurnal Analogi Hukum
Publisher : Fakultas Hukum Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/ah.1.2.2019.228-232

Abstract

Guarantee of work accident was an assurance given by workers in the form of money in lieu of the cost of freight, the cost of the inspection, the cost of medicine, as a result of a work accident. Against workers who had an accident at work is entitled to a guarantee of work accident. Based on the information in the field that occurs in the Risaldi Supermarket in Badung Regency has occurred that the Supermarket Risaldi Mart as entrepreneurs have yet to provide full protection of the law against the workers who were put to work. Is there any formula issues namely (1) How the implementation of a social security worker accident at Modern Store in Badung Regency? (2) Factors that become obstacles to Modern Stores not requiring workers in the social security program work accident Badung Regency? The research used in this thesis is the empirical research. Because in this study investigated people in a relationship are living in the community then the empirical legal research methods can be said to be a sociological legal research. Participants of the BPJS employment will get a special guarantee if a work accident, such as rehabilitation, health care, returns to work program (return to work), compensation for death and funeral expenses, as well as the workers will get Promote and preventive activities to support the realization of safety and occupational health. In the implementation of social security in the modern shop is still the lack of thoroughness of the worker in the complete warranty claim requirements work accident before it is given to the BPJS so take a long time in the process of dilution and lack of attention toward the payment of compensation to workers who have been stricken work accident.
Perlindungan Hukum Terhadap Pemegang Hak Milik Atas Tanah yang Dialihfungsikan Sebagai Jalan Raya Anak Agung Dwi Jayantri; I Putu Gede Seputra; Luh Putu Suryani
Jurnal Analogi Hukum Vol. 1 No. 2 (2019): Jurnal Analogi Hukum
Publisher : Fakultas Hukum Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/ah.1.2.2019.137-142

Abstract

Land procurement is an activity of obtaining land which is indicated for development for the community in general which involves the land, which is offset by compensation from the government. The holder of land ownership rights must get legal protection, because the rights owned by the community must be protected so that the community gets legal certainty. So that the formulation of the problem used is 1) what is the legal protection of holders of land rights used for the public interest in making roads? 2) What are the Government's efforts towards the release of property rights to land used for the public interest in making roads? Normative legal research methods are used in this study. The results of the study showed that the inclusion of fair and just compensation for compensation was based on deliberation, and the community could file an objection to the form and or amount of compensation handed down by the government to the local District Court for holders of land rights in order to obtain legal protection. The form of government efforts in releasing ownership rights of a community land, namely money that is paid in compensation can be temporarily surrendered to the Court and for people who want to surrender their land without any objection, the community is entitled to tax incentives. Tax incentives are to minimize the cost of a tax so that tax costs become lighter.
Perlindungan Hukum terhadap Konsumen dalam Jual Beli Barang Melalui E-Commerce I Putu Erick Sanjaya Putra; I Nyoman Putu Budiartha; Ni Made Sukaryati Karma
Jurnal Analogi Hukum Vol. 1 No. 2 (2019): Jurnal Analogi Hukum
Publisher : Fakultas Hukum Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/ah.1.2.2019.239-243

Abstract

The Constitution of the Republic of Indonesia in 1945 article 1 paragraph 3, which reads "the State of Indonesia is a country of laws". This means that all members of society must be based on the law. The modern era of globalization, this versatile, all human activities have to be implemented quickly and easily. Selling is one of the fulfillment of human needs. E-Commerce is the business model of modern non-face (do not bring the perpetrators of the attempt to physically or real). Is there any formulation raised namely (1) How the legal sale and setting items through e-commerce? (2) How legal protection for consumers who suffered losses due to selling of goods e-commerce? Research methods used are normative, approach to research legislation, researching yet details rules governing consumer protection against businesses trading online, and then processed and analyzed with the use of interpretation and legal argumentation systematically as well as poured are descriptive. The results of this study are sale of goods law setting through Electronic Commerce (E-Commerce) have been set up in the ACT ITE and UUPK. legal protection for consumers who suffered losses due to the trading of goods electronic commerce (e-commerce) in the ACT ITE has been regulated in article 28 paragraph 1 regarding the losses consumers in e-commerce. As it known article 19 UUPK is set the compensation responsibility.
Kedudukan Sumpah Pada Alat Bukti Keterangan Saksi Palsu dalam Proses Perkara Pidana Ardellia Luckyta Putri Armunanto; I Made Sepud; Ni Made Sukaryati Karma
Jurnal Analogi Hukum Vol. 1 No. 2 (2019): Jurnal Analogi Hukum
Publisher : Fakultas Hukum Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/ah.1.2.2019.143-147

Abstract

Eyewitness is one tool evidence is crucial in the process of proof at this stage of the review. A witness sworn or promised mandatory before or after he gave his statement at trial. Giving false information is a criminal offense regulated in Article 242 of the Criminal Code. Formulation of the problem in the writing of this research are: 1) how is the position of the oath against false witnesses in a criminal proceeding? and 2) how will criminal sanctions against witnesses who give false information in the process of criminal cases?. The type of research used in the writing of this is normative and legal research using approach problem in the form of a statutory approach, the conceptual approach and the approach to the case using legal materials in the form of source material the law of primary, secondary, and tertiary. Legal materials collection technique is done by way of reading, gathering and documentation. Analysis of legal materials used i.e. descriptive analysis that refers to a particular problem and is associated with the opinion of the experts, legislation and break it in the form of a research. The position of the oath on the false witnesses in a criminal proceeding is not considered a valid instrument of evidence, so that the information has no value the power of proof. Criminal sanctions against witnesses who give false information in the process of criminal cases will be subject to imprisonment for seven to nine years in accordance with Article 242 of the book the laws of criminal law.
Dasar Pertimbangan Hakim dalam Putusan Bebas Terhadap Pelaku Tindak Pidana Pencurian yang Dilakukan oleh Anak (Putusan Nomor: 9/PID.SUS ANAK/2017/PN.AMP) I Wayan Jimmy Artana; I Nyoman Putu Budiartha; I Nengah Laba
Jurnal Analogi Hukum Vol. 1 No. 2 (2019): Jurnal Analogi Hukum
Publisher : Fakultas Hukum Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/ah.1.2.2019.244-248

Abstract

Judges are an integral part of the system of rule of law, where the judge is a noble profession and must be free from interpretation in making a decision in order to create legal justice that can be trusted by the community. Based on the description above, there are two formulations of the problem described, namely, how the judge judges in making a case free verdict on the crime of theft committed by the child and any factors considered by the judge. The type of research used in this paper is the type of Normative Law research. By approaching the problem in legislation that is analyzing from the standpoint of legislation and opinions expressed by scholars related to the issues raised. While the approach to the problem used is the legislative and conceptual approach, where the approach is carried out by examining all the laws and regulations concerned with the problem at hand. In this paper, it can be concluded that the judge should have given a verdict lighter than the demands of the public prosecutor, but it is necessary to know whether the decision to return to parents can provide a deterrent effect on the child who is a criminal offender.
Analisis Pembuktian Alasan Pembelaan Terpaksa Yang Melampaui Batas Dalam Tindak Pidana Yang Menyebabkan Kematian Dewa Agung Ari Aprillya Devita Cahyani; Anak Agung Sagung Laksmi Dewi; I Made Minggu Widyantara
Jurnal Analogi Hukum Vol. 1 No. 2 (2019): Jurnal Analogi Hukum
Publisher : Fakultas Hukum Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/ah.1.2.2019.148-152

Abstract

Criminal act often occur in Indonesia but not all criminal act can be subject to criminal law. Nooweer is one of the reason of criminal obliteration in criminal code section 49. The problem is how is the forced defence or forced plea creteria to be the cause for criminal obliteration? What is judge’s fundamental consideration in the judgement number 201/Pid.b/2013/PN-JTH and 57 PK/PID/2013?. The research is normative type, in which the assesment is based on law materials from literature and is a process to find the rule of law, legal principles, also legal doctrines. Law material source used in this undergraduate thesis is secondary law material which is the law materials that are obtained throught library research. The conclusions in this research are noodweer has specially arranged in criminal code section 49. In deciding, a judge must consider person worthiness or appropriateness based on evidences and strong judgement.

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