Jurnal Analogi Hukum

Pelaksanaan Jual Beli Bahan Bakar Minyak Melalui Pertamini di Kecamatan Denpasar Utara

Putu Angelita Putri — 2024-08-08

Nowadays, people have created creative ideas resembling the machinery at PT Pertamina to make profits with the uneven distribution of fuel oil by creating Pertamini. Pertamini traders are unlicensed traders who prey on unsuspecting customers by selling substandard fuel at inflated prices. This is very contrary to consumer rights. The problems are, How the factors that cause consumers to prefer Pertamini in North Denpasar Subdistrict? and How is the responsibility of fuel oil traders through Pertamini for consumers who are harmed in North Denpasar Subdistrict? This research uses empirical methods with sociological, conceptual and statutory approaches. The research location was carried out in North Denpasar District. Related data collected in this study using primary data and secondary data. Therefore, the researcher concludes that the factors that cause consumers to choose to fill fuel oil in Pertamini are in addition to consumers following the latest technological trends, as well as the advantages of Pertamini, including faster and more practical use. Then, consumers who are disadvantaged regarding the price given through Pertamini are more expensive and the dose given is not in accordance with what should be obtained. Therefore, pertamini traders can be held accountable for the losses suffered by the consumers themselves.

Perlindungan Konsumen Akibat Maraknya Pembangunan Toko Swalayan di Kabupaten Gianyar

Ni Made Isadhanti Nawangsari — 2024-08-08

The rise of the construction of supermarkets in Gianyar Regency causes the competitiveness of business actors to be increasingly fierce and the community as consumers who are not sensitive to their own rights, the position of consumers is getting weaker than business actors. The formulation of this research problem includes: What is the form of legal protection for consumers who make transactions at convenience stores in Gianyar Regency? and What are the legal consequences for convenience store businesses that violate consumer rights? This study is carried out using empirical legal research methodology, which involves investigating how the application of law in society and seeing the law in its practical application. The results of this study explain that consumers receive direct legal protection fromConsumer Protection Act. Consumers who are harmed by the convenience store in the form of damage or goods that have expired are held accountable in the form of direct compensation by the convenience store.

Sanksi Hukum Terhadap Rumah Sakit yang Melakukan Pencemaran Lingkungan dengan Sampah Alat-Alat Kesehatan

Cahya Edy Priana — 2024-08-08

Hospitals are a double burden on society because despite offering much-needed medical care, they also risk spreading disease and contributing to pollution due to the waste they produce. The formulation of the problem from this study is: How is the legal regulation for hospitals that pollute the environment with medical equipment waste? and What are the legal sanctions against hospitals that pollute the environment with medical equipment waste? This type of research uses normative legal research with the type of approach used is a statutory approach. Legal material is collected through literature studies and the analysis method that researchers will use is qualitative descriptive. The results of the analysis of the regulation of the Hospital Law that pollutes the environment with medical equipment waste are contained in the Law of the Republic of Indonesia Number 32 of 2009 concerning Environmental Protection and Management. Legal sanctions against hospitals that pollute the environment with plastic medical device waste where hospitals that dispose of medical waste carelessly will be subject to legal sanctions in the form of revocation of the hospital's operating license and punished with a maximum imprisonment of 3 (three) years and a maximum fine of Rp. 3,000,000,000,000,00 (three billion rupiah)"..

Tinjauan Yuridis Perlindungan Hukum Terhadap Justice Collaborator di Dalam Tindak Pidana Narkotika

I Made Rauhimas Oka Raharja — 2024-08-08

Narcotics abuse is a very complex problem, as evidenced by the increasing use of narcotics in Indonesia every year. In the criminal justice process, one of the pieces of evidence based on Article 184 paragraph (1) of the Criminal Procedure Code is witness testimony. The presence of witnesses is an important factor. The term witness is now evolving to include Justice Collaborator. The formulation of the problem in this research is How is the arrangement of Justice Collaborators in the criminal law system in Indonesia?and How is the protection of witnesses who work together (justice collaborators) in narcotics crimes according to Law Number 31 of 2014? This study uses a type of normative legal research. The results of the study found a Justice Collaborator. However, the arrangements regarding perpetrator witnesses are considered to be very minimal and do not provide clear guidelines regarding the prerequisites for being able to designate someone as a Justice Collaborator. The role of an actor who is used as a witness in the existing regulations is only known in Article 10 paragraph (2) of Law Number 13 of 2006 in conjunction with Law Number 31 of 2014. Law enforcers in providing legal protection to Justice Collaborators are still guided by Law Number 31 of 2014 Concerning the Protection of Witnesses and Victims, Supreme Court Circular Letter Number 04 of 2011 Concerning the Treatment of Whistleblowers and the witness of the perpetrator (Justice Collaborator). The rules for the existence of the Justice Collaborator are only briefly discussed. Legal protection is also less clear and firm.

Tinjauan Yuridis Penyidikan Tindak Pidana Perikanan di Laut Oleh Penyidik Polisi

Made Mahardika — 2024-08-08

Starting from 2004, the illegal fishing sector is now supervised by Fisheries Law. Fishermen generally use a variety of fishing gear to pull fish from the waters, but any means that can damage the marine ecosystem in the long run are prohibited. The formulation of the problem in this study is, How are the arrangements for investigations carried out by investigators against perpetrators of fisheries crimes? And what is the authority in investigating fisheries crimes? This research aims to determine who has jurisdiction to investigate fishing offenses and how the police carry out such investigations. Specifically, a normative law study was used. Investigators from the Indonesian National Police (Polri) have the authority to investigate illegal activities in designated areas of Indonesia in accordance with the Criminal Procedure Law and other legal regulations. The procedure for investigating unlawful acts in the fisheries sector is based on the authority of Polri investigators as stipulated in Article 73 paragraph 4 Fisheries Law.

Sanksi Hukum Bagi Pelaku Aksi Premanisme yang Dilakukan Ormas Terhadap Petugas Polisi Pamong Praja di Denpasar

I Kadek Anom Suartama — 2024-08-08

The acts of thuggery that usually occur in Denpasar are carried out in groups and organized. The presence of thugs in the area of trade centers, terminals and highways which are often public places is one of the obstacles for the community in carrying out their activities. The formulation of the problems in this study are Factors causing the occurrence of mass organization thuggery acts in Denpasar and Criminal sanctions for perpetrators of thuggery committed by mass organizations against civil service police officers in Denpar, this study uses an empirical legal. Based on the research results, the causes of thuggery include economic and environmental problems. Criminal sanctions for thuggery perpetrators committed by mass organizations at the Satpol PP Denpasar are determined on suspicion of fighting government officials who are carrying out state duties and or persecution and or crimes against people's independence. This is as stipulated in Article 211 of the Criminal Code, Article 212 of the Criminal Code, Article 214 of the Criminal Code and/or Article 351 of the Criminal Code and/or Article 335 of the Criminal Code

Covernote Notaris dalam Perjanjian Kredit Perspektif Hukum Jaminan (Studi Kasus PN Kab. Kediri Nomor 107/Pdt.G/2020/PN Gpr)

Gede Indra Fredy Baskara — 2024-08-08

Credit is the provision of money and types of loans that must be paid back. Credit has a high risk for banks, so notaries as public officials make cover notes in credit agreements. The formulation of the problem discussed is How is the Authority and Responsibility of Notaries in Credit Agreements and How is Legal Protection for Creditors in Credit Agreements Related to the Use of Notary Covernote? The research method used is normative juridical. The results showed that the obligations and responsibilities of notaries in credit agreements are to bridge the interests of creditors and borrowers in making deeds to credit agreements. Lending and borrowing agreements are regulated in the Civil Code Article 1754 to Article 1769. Legal protection for bank creditors in credit agreements using notary covernote in the event of default before the issuance of mortgage rights gives the bank's position only as a concurrent creditor and legal protection for banks is based on Articles 1131 and 1132 of the Civil Code.

Penegakan Hukum Bagi Pelaku Pencemaran di Sungai Badung Denpasar

I Putu Satria Adhi Darma — 2024-08-08

There is so much accumulation of waste every day that this has the potential to increase as the population increases. Waste is a major problem seen from the development of population, so policies are needed to overcome this, one of which is the policy of managing households. The formulation of the problems in this study are How is law enforcement against the perpetrators of pollution in the Badung river Denpasar? What factors are the obstacles in law enforcement against pollution of the Badung Denpasar river basin? The research method used is empirical legal research with field data as the main data source, such as the results of interviews and observations. There is a need for cooperation between DLHK and village officials to carry out socialization to the community regarding the impact of garbage pollution due to garbage disposal, as well as the participation of traditional interpreters in terms of addressing issues about garbage by urging people not to directly throw their garbage into the river.

Perlindungan Hukum Terhadap Korban Perkosaan Dari Abortus Provocatus

I Gede Agus Surya Gunantara — 2024-08-08

Pregnancy due to rape has a negative impact on the victim, namely physically, mentally, socially so that the victim performs abortion provocatus, but the Criminal Code does not provide exceptions regarding the act of abortion Unlike the Law of the Republic of Indonesia No. 36 of 2009 concerning Health, abortion is allowed if the requirements of the Law are met. This is certainly contrary to the reproductive rights of organs. Therefore, legal protection for rape victims is needed to protect everyone's right to legal treatment and protection. The formulation of the problem is What is the criminal law regulation regarding abortion provocatus carried out by rape victims? and What is the legal protection for rape victims from abortion provocatus? Research methods used normative legal research. The results of the discussion on criminal law regulations for rape victims from abortion provocatus are contained in Articles 299, 346, 349 of the Criminal Code and Law of the Republic of Indonesia No. 36 of 2009 concerning Health Articles 75, 76, 77, 194. It is necessary to cooperate with relevant parties to ensure that the implementation of abortion does not traumatize rape victims and can perform abortions legally, safely as permitted by law.The research method used is normative legal research. The results of the discussion regarding the regulation of criminal law against rape victims of abortion provocatus are contained in the Criminal Code Articles 299, 346, 349 and Law No. 36 of 2009 concerning Health Articles 75, 76, 77, 194. Need for cooperation of related parties to ensure the implementation of abortion does not traumatize victims of rape and can perform abortion legally, safely permitted by law.

Sanksi Hukum Terhadap Tenaga Medis dalam Melaksanakan Tugas Apabila Terjadi Malpraktik di UPT.Puskesmas Kintamani II Kabupaten Bangli

I Kadek Roger Budiastra — 2024-08-08

Medical malpractice has specific regulations for doctors regarding medical procedures, and mistakes committed can be punished. The problem is how to apply legal sanctions for medical personnel who commit malpractice in UPT. Kintamani II Health Center, Bangli Regency? dAnd how are the obstacles faced by UPT. Kintamani II Health Center, Bangli Regency, if there are medical personnel who commit malpractice? This study used empirical legal research. Sanctions for medical personnel who commit malpractice at UPT. Puskesmas Kintamani II, has been regulated in Law Number 23 of 1992 concerning health and medical code of ethics. Obstacles faced by UPT. Kintamani II Health Center is an internal constraint on the number of human resources that will be reduced so that services will be less optimal while external lack of public trust in medical personnel on duty.

Implementasi Tugas Pokok dan Fungsi Balai Pemasyarakatan Denpasar dalam Bimbingan Terhadap Klien Anak

Dwik Aditya Pramana — 2024-08-08

Children in conflict with the law must be protected as the nation's successor, therefore the Correctional Center has an important role in guiding the child to be accepted back into society. The formulation of this research problem is , How is the implementation of the main tasks and functions of Denpasar Correctional Center? Factors that hinder the process of guidance to child clients at Denpasar Correctional Center? This research is of the empirical legal type, with a data analysis approach using descriptive methods. The results of the study show that the main tasks and functions of the Correctional Center in providing guidance to juvenile clients have been implemented properly, through two forms of guidance mechanisms. The conclusion of this study, there are obstacles by the Correctional Center in conducting guidance, these obstacles consist of internal obstacles and external obstacles. External barriers consist of communication problems. While external problems consist of the lack of availability of facilities and infrastructure. The author's suggestion in this study is that good coordination between legal agencies and the availability of adequate facilities and infrastructure are needed, so that the guidance process can be carried out properly.

Pelaksanaan Online Single Submission (OSS) dalam Rangka Percepatan Perizinan Berusaha di Dinas Penanaman Modal dan Pelayanan Terpadu Satu Pintu (DPMPTSP) Kabupaten Tabanan

I Kadek Agus Dimas Harta Khanna — 2024-08-08

Licensing is an important aspect of public services, one of which is business licensing. The innovation of business services provided by the government is Online Single Submission (OSS) which makes it easier for business actors to take care of business licensing. The implementation of this new system has obstacles to implementation, the fact that OSS is not widely known by the public and is not evenly distributed in the local government sector. The method used in this research is empirical juridical. The results showed that the DPMPTSP of Tabanan Regency in carrying out the implementation of business licensing referred to the Job Creation Law and Government Regulation No. 5 of 2021 concerning the Implementation of Risk-Based Business Licensing. Risks are classified into low, low medium, high medium, and high risks. The implementation of accelerated licensing at the DPMPTSP of Tabanan Regency consists of the implementation of registration, legality, data collection, risk analysis, permit issuance, facilities, and supervision. The obstacles that occur in the implementation are divided into two, namely internal aspects and external aspects. Internal aspects are Human Resources (HR) and Infrastructure Facilities and external aspects are OSS website barriers, supporting regulations and supervision.

Perlindungan Hukum Terhadap Penumpang Angkutan Umum Ditinjau dari Undang-Undang Nomor 22 Tahun 2009 Tentang Lalu Lintas dan Angkutan Jalan

Ida Bagus Ananta Kusuma — 2024-08-08

For Indonesians, transportation is a very significant activity. It is essential to understand the availability of transportation services that are orderly and entertaining, as well as appropriate to the level of traffic demand. Consequently, a single national transportation system must be created to coordinate road and transit traffic. According to Law No. 22 of 2009 on Road Traffic and Transport and Carrier Liability regarding passenger accidents in public transport on Road Traffic and Transport, the purpose of this review is to outline the various legal protections available to public transport users. By offering safe, convenient, fast, and affordable services, public transport users are afforded legal protection. Public transport must be accessible as it is a crucial daily necessity. The government is in charge of organizing the public transportation system. There are significant issues with legal protection for passengers in the increasing global competition, which requires legal protection.

Pertanggung Jawaban Pidana Terhadap Pemberi dan Penerima Suap yang Dilakukan Oknum Pemerintah di Kabupaten Tabanan

I Kadek Faiza Putra Gunawan — 2024-08-08

Acts of corruption often drag people who work in government agencies. KPK records show that corruption in the scope of agencies occurred in districts / cities as many as 409 problems in the period 2004-2020. the formulation of this research problem is: How is the Bribery Arrangement that occurs in the tabanan government. Criminal responsibility for the giver and receiver of bribes in the government environment in tabanan district discussing this problem, using Normative legal research. The regulation of bribery or every problem of corruption criminal activity must be processed by the court according to the existing provisions. Settlement is applied proactively based on existing laws and regulations and government authority. Each process of handling the problem must be carried out to check its progress. the Denpasar District Court's decision No. Case 16 //Pid. Sus-TPK//2020//PN, decided that the Defendant NI PUTU EKA WIRYASTUTI had been proven clearly and convincingly guilty of committing "the crime of corruption jointly and continuously".

Sanksi Pidana Terhadap Pelaku Tindak Pidana Penjualan Jimat

Luh Gede Anglika Gayatri Sukma — 2024-08-08

The sale of amulets in the community is very troubling because many lead to fraud. The sale of amulets in the Criminal Code has been regulated in Article 546 of the Criminal Code but, in practice, it is charged with Article 378 of the Criminal Code on fraud. The formulation of the problem in this study, namely how is the regulation of the criminal act of selling amulets in positive law in Indonesia? and how are the criminal sanctions against the perpetrators of the criminal act of selling amulets? This type of research is normative with the approach of legislation and concepts. The sources of legal materials used are primary, secondary, and tertiary legal materials. The technique of collecting legal materials by means of documentation and notes. Analysis of legal materials is descriptive and analytical. The results of this study are that the seller of amulets is threatened with a maximum imprisonment of three months or a maximum fine of four thousand five hundred rupiahs, but in practice the perpetrators of selling amulets are more often subject to Article 378 of the Criminal Code on fraud which proves that Article 546 of the Criminal Code is no longer relevant in society.

Penerapan Awig-Awig Terhadap Tamiu di Desa Adat Mengwi Kabupaten Badung

Putu Agustina Mega Antari — 2024-08-08

Currently, there are various population issues related to the various customary laws that are applied. Currently, topics related to population often arise, one of which is specifically related to the customary laws that apply in Bali. One of them is fundraising for immigrants. The collection is done every month by the Pakraman Village Security Guard. There is little obstruction or resistance in tamiu, as residents should be free to live wherever they want. This research has two specific objectives, namely to find out and investigate the Krama arrangements and obstacles to the adoption of Awig-Awig for Tamiu in Mengwi Traditional Village, Badung. area This type of research approach uses legal sociology because through this research the author can understand the problems that exist in the field. The data of this research is information obtained directly from informants, namely the Head of the Mengwi Customary Village, and respondents, namely the Tamiu community, in accordance with the Awig-Awig Regulation of the Mengwi Customary Village Pawos (Article) 26 while the rights of the Tamiu community are protected in the form of disaster management and actions. indigenous decisions, if there is a problem, get their rights to remain recognized by the local population.

Pertanggungjawaban Pelaku Usaha Terhadap Keracunan Makanan Pada Konsumen

Michael Jose Rizal — 2024-08-08

Consumer protection regarding expired food circulating in the community is very important. Therefore, consumers need to be careful in choosing products so as not to suffer losses and maintain the health of their bodies. How is the legal protection of consumers related to expired food circulating in the community? How is the responsibility of business actors for the distribution of expired food based on the Consumer Protection Law? Normative legal research method is used to answer this question. Protection of consumers related to expired packaged food is carried out by business actors, government, non-governmental organizations, and consumers through various efforts. The responsibility for products traded by business actors and circulated to the market or consumers is the responsibility of business actors who distribute these products.

Sanksi Pidana Terhadap Pelaku Pencemaran Limbah Industri di Sungai

Kadek Agung Yudha Mahadewa — 2024-08-09

Environmental pollution is one of the factors of environmental damage. The development of environmental problems with inadequate law enforcement is becoming increasingly severe. Based on the background, the problem formulation is: What are the legal regulations regarding industrial waste pollution in rivers? What are the criminal sanctions for perpetrators of criminal acts of industrial waste pollution in rivers? The aim of the research is to regulate the law regarding industrial waste pollution in rivers. To find out criminal sanctions against perpetrators of criminal acts of industrial waste pollution in rivers. This thesis research uses normative juridical research methods, with a library approach. Sources of legal materials consist of primary, secondary and tertiary legal materials. The research results show that regulations regarding industrial waste pollution in rivers are regulated in the 1945 Constitution, UURI No. 4/1982 concerning the basic provisions of environmental management to UURI No. 23/1997 concerning environmental management, UURI No. 32/2009 concerning environmental protection and management, PP No. 22/2021 2021 Concerning the Implementation of Environmental Protection and Management. There are two types of sanctions against perpetrators of industrial waste pollution in rivers, namely criminal sanctions and administrative sanctions. UURI No. 32/2009 concerning Environmental Management and Protection provides administrative sanctions from Article 76 to Article 83 of the UUPPLH and criminal sanctions regulated in Chapter XV, namely from Article 97 to Article 120 of the UUPPLH. Sanctions against perpetrators of waste pollution who do not follow the regulations regarding B3 waste management are contained in article 102.

Perlindungan Hukum Terhadap Pekerja Toko Karpet di Desa Adat Seminyak (Studi Kasus di Crown Carpets)

Marthen Lazarus Laning — 2024-08-09

Legal protection and liability are important parts of employment. The Indonesian government creates jobs with legal protection for workers based on Pancasila and the 1945 Constitution. The omnibus law version of the Manpower Law explains the protection of workers in realizing welfare. The case study is located at Crown Carpets in Seminyak Traditional Village, Bali. Empirical legal research method with a focus on collecting data directly from the field through observation and interviews. The main source of data comes from employees at Crown Carpets and the owner of the company provides information about the protection and legal liability in the carpet shop. Secondary data includes relevant primary and secondary legal materials. The data analysis technique used is descriptive technique. The results of the interview obtained that the Crown Carpets company's responsibility for its workers only provides compensation based on the employment relationship, without providing adequate protection in accordance with applicable labor regulations. The owner of Crown Carpets revealed that the company only has verbal agreements with its workers, which do not provide definite guarantees related to work safety and financial protection in the case of serious work accidents in the form of insurance.

Hak Penguasaan Tanah Warisan Jero Saren Kauh, Desa Gubug, Tabanan

Slamet Kananda — 2024-08-09

Heirloom land in Jero Saren Kauh has an important position in the family as inherited land, when one party tries to convert the heirloom land individually, especially in unauthorized ways, it will cause conflict and cause criminal problems. The formulation of the problem in this research is: How is the division of inherited land as heirloom land in Jero Saren Kauh? How is the dispute settlement in the case of control of inherited land as heirloom land in Jero Saren Kauh? The type of research in writing this thesis is empirical legal research with a statutory and conceptual approach. The results of the research show: The division of heirloom land in Jero Saren Kauh was initially carried out individually, so a dispute arose between the heirs. According to the court decision, the certification of heirloom land in Jero Saren Kauh was actually declared invalid registration so that it returned to being heirloom land. Dispute settlement over the certification of heirloom land was initially carried out in a family manner, namely through mediation, but because each party maintained its stance, the plaintiffs filed a lawsuit in court or through litigation.