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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 463 Documents
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Peran Kejaksaan Dalam Tahap Penuntutan Terhadap Anak Yang Melakukan Tindak Pidana Pornografi Dewi, Cokorda Istri Ratih Utami; Budiartha, I Nyoman Putu; Laba, I Nengah
Jurnal Analogi Hukum 282-288
Publisher : Fakultas Hukum Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/ah.1.3.2019.282-288

Abstract

present there are many problems that arise in the community that are not only carried out by adults but also carried out by children, one of which is a criminal act of pornography. Children have a special position before the law based on the consideration that children are human beings with all their biological and psychological limitations and have not been able to fight for everything that their rights. So the question arises, namely regarding the role of the Prosecutors in the stage of prosecution and the sanctions for children who commit acts of pornography. The sources of legal material used in this research are primary legal material and secondary legal material. The techniques for collecting legal materials in this research use a study document technique with a card system, namely by recording and understanding the contents of primary legal material and secondary legallmaterial. Analysis of legal material in this research is descriptive analysis. The research method in this research is a type of normative legal research, namely by the legal approach, conceptual approach and case approach. The conclusion that can be drawn is the role of the Prosecutor in the prosecution stage on children who commit act of pornography in accordance with the prosecution stage in general, however there are differences in treatment for children who commit a criminal offense including pornography, that the Prosecutors must have experience as public prosecutor in the general court environment, have an interest, dedication and understanding child issues and have followed the technical appointment of child judiciary. Sanctions imposed on children who commit a criminal offense are criminal sanctions and sanction action. Criminal sanctions (imprisonment) is imposed for children aged 14 years to 18 years, with a maximum imprisonment of 1/2 (one in two) of the maximum imprisonment of adults. Sanctions are imposed for children aged 12 years but not yet 14 years old. Criminal sanctions can not be imposed on children under 12 years old.
Pemberian Lisensi Merek Tanpa Perjanjian Tertulis dalam Bisnis Hak Atas Kekayaan Intelektual Febiyanti, Gusti Ayu Mirah Aena; Mahendrawati, Ni Luh; Ujianti, Ni Made Puspasutari
Jurnal Analogi Hukum 289-293
Publisher : Fakultas Hukum Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/ah.1.3.2019.289-293

Abstract

Registered brands will get legal protection that can prevent others parties from using the brand without permission. Other parties can use other people’s brands by first holding a written license and applying for registration at the Directorate General of IPR’s trademark office. Application for recording license agreement is submitted to Directorate General of IPR through electronic and non-electronic media. Applicants complete the specified document. Then an examination of the documents is carried out. If the document has been declared complete and appropriate, the Minister records the license agreement in the general list of brands. Then recording the license agreement is announced in the official news of the brand. The legal consequences of the provision of brand licenses carried out in an unwritten manner, the agreement is null and void because it does not fulfill the elements in Article 1 number (18) UUM 2016 jo. Article 43 paragraph (2) UUM 206, and Article 5 paragraph (1) PP No. 36 of 2018 concerning Recording of Intellectual Property License Agreement. It is best for entrepreneurs to be careful in giving licenses to other parties and the Directorate General of Intellectual Property Rights should hold a socialization so that the licensing agreement is carried out in writing and is recorded in the Directorate General of IPR’s trademark office.
Sanksi Pidana Terhadap Tindak Pidana Pertambangan (Menurut Undang-Undang No. 4 Tahun 2009 Tentang Minerba) Sucantra, I Made Bayu; Sujana, I Nyoman; Suryani, Luh Putu
Jurnal Analogi Hukum 366-371
Publisher : Fakultas Hukum Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/ah.1.3.2019.366-371

Abstract

Nowadays economic development is accompanied by increasingly advanced technological developments in Indonesia as a result of development causing various legal consequences. The growth of development is increasingly rapid and strong. Developmental development also has a role for the environment. This study aims to find out about the regulation of the management of mining business permits both requirements that must be met nationally and according to regional regulations. The application of criminal sanctions is carried out if there is a violation in the community of mining businesses that do not have a mining business permit that should be owned because it has been stated in Law Number 4 of 2009 and especially in Bali Regional Regulation Number 4 of 2017 as regulated permits and sanctions against mining. This study uses a normative approach. The data sources used are primary data, and secondary data. The problem in this thesis is the regulation of business permits for the mining of sandstone in Bali and the application of sanctions to perpetrators of unauthorized mining. The results of the study can be concluded that the form of regulation of mining business permits is regulated in Law No. 4 of 2009 concerning Mineral and Coal Mining and if you wish to have, the requirements are in the form of administrative requirements, technical requirements, environmental requirements, and financial requirements and for mining business permit arrangements rocks in Bali are regulated in Governor Regulation No. 37 of 2018.
Jual Beli Hak Milik Atas Tanah Yang Belum Bersertifikat Putra, I Made Handika; Sukadana, I Ketut; Suryani, Luh Putu
Jurnal Analogi Hukum 372-376
Publisher : Fakultas Hukum Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/ah.1.3.2019.372-376

Abstract

The most powerful property rights are property rights over land, the way to obtain ownership rights is the transfer of rights, one of which is by buying and selling, in buying and selling activities with land objects that are very vulnerable to land problems, one of which is buying and selling land without a certificate. From that the author is interested in conducting research in the form of a thesis with the title of Sale and Purchase of Property on Land that is not yet certified. By using the formulation of the problem: 1) What the Procedure for transitioning rights to land that has not been certified; 2) What are the legal consequences of buy and sell land that has’nt had been certified. The research method used is a normative research method. Transferable property means to move from someone to another party due to legal actions, one of which is by buying and selling, the number of problems in the transfer of rights due to the sale and purchase of land for which there is no certificate, due to legal sale and purchase the transfer of land rights and the absence of legal certainty of holders of land rights.
Penyelesaian Sengketa Sertipikat Ganda di Pengadilan Tata Usaha Negara Denpasar Hartana, Herry Jaya; Suwitra, I Made; Widiati, Ida Ayu Putu
Jurnal Analogi Hukum 294-299
Publisher : Fakultas Hukum Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/ah.1.3.2019.294-299

Abstract

The purpose of this study was to find out the legal provisions for resolving disputes over land rights related administrative Court. The certificate is a strong proof of ownership regarding physical and juridical data, contained in the measurement letter and the land book of rights. The certificate of land must be registered, as stated in Law Number 5 of 1960 concerning Basic Agrarian Principles Article 19 paragraph 1, to ensure legal certainty by the government to register land throughout the territory of the Republic of Indonesia. As is the case in Sibang Kaja Village, the existence of certificates of multiple property rights caused a dispute due to the absence of legal certainty. This case has entered and has received the decision of the State Administrative Court. Lawsuits are not accepted by administrative Court because the claim is not to the agency, but is still between individuals. Administrative Court is not authorized to try this case because it is still in the civil sphere which should be tried in the General Court. The research method used is empirical sociology, namely research that connects with the facts that exist in society in connection with the problems encountered in the study. The dispute over multiple certificates that took place in Sibang Kaja village was due to the lack of clarity on the certificate of sale & purchase and the family history, to obtain legal certainty over this dispute, the case must proceed to the General Court.
Pelaksanaan Pemberian Hak Narapidana Mendapatkan Pembebasan Bersyarat (Studi Kasus di Rumah Tahanan Negara Kelas Iia Kerobokan) Saputra, I Dewa Gede Agung Ary Junaedi; Widiantara, Made Minggu; Karma, Ni Made Sukaryati
Jurnal Analogi Hukum 300-305
Publisher : Fakultas Hukum Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/ah.1.3.2019.300-305

Abstract

Inmates who served the punishment in prison are often considered to have no rights of any kind. They are often treated in inhumane because they are considered to have committed a crime so that their actions must be in the prison. The rules regarding correctional system in force at the moment is Act No. 12 Year 1995 about a Correctional one of the conditions governing the rights of an Inmate that where there is a requirement of the Ordinance as well as in the implementation of those rights.Based on the foregoing formulated problems: 1) how is the implementation of the Rights of prison inmates get Parole in State Custody Homes class IIA Kerobokan?. 2) what are the obstacles that arise in the implementation of the grant of the rights of Convicts get Parole in State Custody Homes IIA Kerobokan?. Type of this research is the empirical research by reviewing the provisions of normative and use case study for non doktrinial. This research is predicated on research field, research libraries. This research was conducted at the home of State Prisoners Class IIA Kerobokan. Data research results, both primary data secondary data as well as processed and analyzed qualitatively. The implementation of the rights of prison inmates get parole is donebased on Regulation of the Minister of Justice and human rights Indonesian Republic No. D. 01. At 04.10 Year 2007. Barriers in the implementation of the grant of the rights of convicts get parole, Parole proposing Procedures are too complicated and take a long time to get a decision.
Depenalisasi Sebagai Kebijakan Hukum Pidana Terhadap Pecandu Narkotika Jaya, I Gede Agus Purna; Budiartha, I Nyoman Putu; Dewi, Anak Agung Sagung Laksmi
Jurnal Analogi Hukum 306-310
Publisher : Fakultas Hukum Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/ah.1.3.2019.306-310

Abstract

Apart from depenalization, actually the legal product for drug users in Indonesia has been published since 1971, in the form of a Presidential Instruction that still combines the prevention of narcotics hazards with other matters considered threatening state security. Up to several times the issuance of legal products, in the end Law No. was born. Concerning Narcotics UU no. 35 of 2009 concerning Narcotics is the addition of violence from the two previous Narcotics Laws. The formulation of the problem in this study is as follows: how is the regulation of depenization of narcotics addicts in positive criminal law at this time and how to regulate depenalization in the future for narcotics addicts. The type of research used in this study is normative legal research. The conclusions in this study are as follows: Criminal Code and Law No. 35 of 2009 concerning Narcotics as a positive law in Indonesia has not accommodated the depenalization of narcotics addicts explicitly, because there are several articles which are multi-interpreted. In Law No. 35 of 2009 concerning Narcotics ensnare narcotics addicts with criminal sanctions as determined in Articles 117 and 127 and actions in the form of mandatory rehabilitation specified in Article 54 of Law No. 35 of 2009. Where there will be a need to improve the RKUHP and Law No. 35 of 2009 by emphasizing the existence of provisions regarding depenalization of narcotics addicts. In conclusion, it can be accommodated in BOOK II CHAPTER XVII concerning criminal acts of Narcotics and Psychotropic abuse in the Criminal Procedure Code.
Upaya Kepolisian Dalam Menanggulangi Peredaran dan Penyalahgunaan Narkotika Di Wilayah Hukum Polres Bangli Yudha, I Gede Dharma; Dewi, Anak Agung Sagung Laksmi; Sujana, I Nyoman
Jurnal Analogi Hukum 311-316
Publisher : Fakultas Hukum Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/ah.1.3.2019.311-316

Abstract

The problem of drug trafficking and abuse in Bangli Regency turned out to have entered at an alarming stage that must be taken seriously, because this could cause damage to the nation's buds found in the area. Therefore the vigilance of drug trafficking should begin to be improved, so in this case the police role is needed especially the Bangli Police Department which is assisted by all levels of society in the area. The government in this case is also very serious about the production, distribution, trafficking of narcotics and psychotropic drugs as well as overcoming them, we can see this in the Narcotics Law Number 35 of 2009. The problem statement is as follows: how is the police effort in dealing with the circulation and abuse of narcotics in the jurisdiction of the Bangli police station and what are the obstacles faced in dealing with the circulation and abuse of narcotics in the jurisdiction of the Bangli police station. The type of research used is empirical legal research. The conclusions in this study are as follows: Police efforts in tackling the circulation and abuse of narcotics in the jurisdiction of the Bangli Regional Police are as follows: Conducting pre-emptive measures, preventive actions, carrying out law enforcement actions (refresif) for people who are proven to circulate use drugs, Cooperate with relevant agencies in the jurisdiction of the Bangli Regional Police such as the District Narcotics Agency (BNK). Constraints faced by Bangli Police in an effort to cope with drug trafficking and abuse include: Internal constraints, namely constraints originating from within the Bangli Regional Police itself, including: Budget Funds, Operational Facilities, office infrastructure and human resources. External constraints are constraints originating from the ranks of the Bangli Police Station.
Peranan Balai Pemasyarakatan (Bapas) Kelas I Denpasar Terhadap Anak Yang Melakukan Tindak Pidana Putra, I Gede Made Doni Pramana; Sukadana, I Ketut; Karma, Ni Made Sukaryati
Jurnal Analogi Hukum 317-323
Publisher : Fakultas Hukum Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/ah.1.3.2019.317-323

Abstract

Correctional Center is an institution to carry out the guidance of correctional clients and correctional clients in question is someone who is under the guidance of BAPAS especially the Child Clients. Many children are subject to criminal acts. The child is the subject of a criminal offense if the offender is a child. To be able to do guidance, a correctional system is needed in accordance with Law No. 12 of 1995 concerning Correctional Services. Formulation of the problem in this study, 1. What is the position of Penitentiary in Law Number 12 of 1995? 2. What is the role of Denpasar Class I Penitentiary (BAPAS) against children who commit crimes? This study uses empirical research methods, using conceptual approaches and approaches that emphasize direct research at the Class I Denpasar Penitentiary (BAPAS), reviewing primary and secondary data sources and using data collection techniques with interviews and literature review, analysis of the data in the form of qualitative and quantitative. BAPAS in its position, namely as one of the sub-systems of the criminal justice system. BAPAS outside the penitentiary is located as a Technical Implementation Unit which is directly responsible to the Ministry of Law and Human Rights. Broadly speaking, the position of BAPAS is tasked with guiding residents of the prison in accordance with applicable rules. BAPAS services make a community research report for the purposes of investigation, prosecution and trial in Child cases both inside and outside the trial and provide assistance, guidance and supervision. BAPAS inhibiting factors in conducting guidance on correctional clients are the lack of a number of community mentors and training, facilities, children's clients who are not required to report to BAPAS, and the lack of cooperation between BAPAS and the family.
Hubungan Keperdataan Antara Pengemudi dengan Perusahaan Ojek Online Dewi, I Gusti Agung Dhian Maharani Swari; Widiati, Ida Ayu Putu; Ujianti, Ni Made Puspasutari
Jurnal Analogi Hukum 324-329
Publisher : Fakultas Hukum Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/ah.1.3.2019.324-329

Abstract

In Indonesia there are interesting phenomena that occur in the community, in the general public consider that drivers of transportation online are one of the employees of the application service company so that between them there is a working relationship, because with the requirements that must be met when registering as a drivers of transportation online. As for the formulation of the problem to be discussed: 1. what is the working relationship between drivers of transportation online and companies as a form of civil relations? 2. What is the legal protection for drivers of transportation online and if the drivers makes interpretations at work? The research aims to find out and understand the relationship between drivers of transportation online and companies as a form of civil relations and legal protection for drivers of transportation online and if the drivers makes interpretations at work. This type of research uses normative legal research or library research methods is the method or method used in legal research carried out by examining existing library materials. In partnership relationships emphasize the principle of mutualism between the two parties, meaning that this relationship as mutually beneficial and where the position of the parties is equal. The principle in legal protection related to government actions rests and comes from the concept of recognition and protection of human right.

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