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INDONESIA
LEGALITAS
Published by Universitas 17 Agustus 1945 Samarinda
ISSN : -     EISSN : -     DOI : -
Core Subject : Education,
Education
Arjuna Subject : -
Articles 5 Documents
 1 
Search results for , issue "Vol 3, No 1 (2018)" : 5 Documents clear
PERSPEKTIF PIDANA TERHADAP PERISTIWA BENCANA PERTAMBANGAN Rofiana, Reine
LEGALITAS : Jurnal Ilmiah Ilmu Hukum Vol 3, No 1 (2018)
Publisher : Universitas 17 Agustus 1945 Samarinda

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (94.258 KB) | DOI: 10.31293/lg.v3i1.3672

Abstract

The perceived impact of coal mining is a condition of nature damaged plus conflict (because claimed lives). In the span of four years (2011-2015) has more than 10 innocent children become victims which there is no clarity of the settlement of legal cases until now.This paper is more focused on normative writing that is by reviewing some references related to the coal mining is connected by legal theories and regulations. According to the author's perspective, based on the theory that is stated by Emile Duekheim and Robert K. Merton, mining case has been deviated due to the weak awareness of the Mining Company by complying of prevailing laws and regulations.The authors suggest that by upholding of true criminal objective it should be expected that all existing Mining Companies should have fear so as to  prevent similar caseswill happen in the future and for be more sensitive and responsible in managing his company. And from Respressive Function it is necessary in order to educate the Mining Company so as to have a high legal awareness.
PEMBUKTIAN MEMEGANG PERANAN PENTING DALAM PROSES PEMERIKSAAN SIDANG PERADILAN PIDANA Farahwati, Farahwati
LEGALITAS : Jurnal Ilmiah Ilmu Hukum Vol 3, No 1 (2018)
Publisher : Universitas 17 Agustus 1945 Samarinda

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (100.808 KB) | DOI: 10.31293/lg.v3i1.3673

Abstract

The Main Role Of The Proofment In The Process Of ExaminationIn The Crime Count. The legal material of proofment is at the tool ofproofment which content of value and being considered by the corectjudge in the frame of charming the conviction to the only aim to makepunishment (vonis) of criminal core. In the judge court concerned is anaction to state of the event through the facts of the material provementsuggested. The facts found concerned are arranged to be a criminalmaterial which happed really (materiele waarheid) are will be dependedon the accuracy of the facts got and the material proofment.The writing of the law science in order to know the role of theproofment and the consideration of the judge in … decide the sentence thecorrect of crime. The kind of the method is the juridicial normative and thefollowing is the analysis in the descriptive kualitatif. The results orconviction has the important role in finishing the condernation which is tobe proved of material manly the real right based on the crime actionhappened. The judge may not make decision criminal sentence to someonebut if in the minimum to legal proofment tools. The gets the conviction thatthe criminal action has really been happened and the defendant is wrongto do based in the article 183 of the criminal book of crime.
DUGAAN BELUM DIKEMBALIKANNYA BARANG MILIK NEGARA OLEH EKS PEJABAT NEGARA Rofiana, Reine
LEGALITAS : Jurnal Ilmiah Ilmu Hukum Vol 3, No 1 (2018)
Publisher : Universitas 17 Agustus 1945 Samarinda

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (63.265 KB) | DOI: 10.31293/lg.v3i1.3674

Abstract

State officials have a mandate from the people to run their positions inaccordance with their duties. In order to perform their duties, stateofficials are given the authority to use state facilities to facilitate theirwork. But what happens if state officials allegedly misuse the state'sfacilities. The crowd's enthusiasm was recently shocked by the news of thealleged not yet returned of the use of state assets by ex state officials.This Assets’ State is intended as a facility for state officials in runningtheir basic daily tasks and functions (instrumental values). If it is indeedtrue that there are state officials who have allegedly not returned theAssets’ State even though their term of office has expired, then this is nolonger in line with its instrumental value because the purpose of usingAssets’ State has deviated from what it should be.This paper is more focused on normative writing that is by reviewing somereferences related to the Assets’ State is connected by legal theories andregulations according to the author's perspective, based on the ethictheory, criminal perspective, etc. The authors suggest that another exofficial state should have awareness so as to prevent similar cases willhappen in the future and for be more sensitive and responsible inmanaging this country.
BAGAIMANA PEMERINTAH DAERAH PROVINSI KALIMANTAN TIMUR PEDULI IKUT MEMBERANTAS FAHAM RADIKAL Sudiyarti, Sudiyarti
LEGALITAS : Jurnal Ilmiah Ilmu Hukum Vol 3, No 1 (2018)
Publisher : Universitas 17 Agustus 1945 Samarinda

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (60.525 KB) | DOI: 10.31293/lg.v3i1.3676

Abstract

The aim of this research is to know the action of the regionalmeaningly the provincial government to prevent radicalism as well asterorism.The method of this research is qualitatif reseach by taking newsfrom library, such as daily local and national news paper and othermassmedia, observation and others. The location of the research is in EastKalimantan. The results of it are (1) The terorism attacks happenedeverywhere in the world 2) The regional governments are supposed not socare to the activities of radicalism and terorism group (3) There are twocategories whom the governments concerned have to pay attention, firtslythe citicenz who are being deported from the foreign countries, secondlythe former terorists who are becoming poor-group no money anymore forliving, they have nothing (4) Those who are involved the terorism aredifficult to come back to the society,(5) The nearest position with them arethe ragional gevernments.The suggestions are, (1) People all called to combat the terorismeverywhere in the world, (2) The regional governments have care andalert to the activities of radicalism and terorism group,firstly the citicenzwho are being deported from Middle East, secondly the former teroristswho are becoming poor group no money anymore for living, they havenothing. (3) Those who are involved the terorism are to be guided andhelped as usual citizens come back to the society, (5) The regionalgovernments which nearest position with them are the ragionalgevernments have to rehabilatate them.
UPAYA ANTISIPASI PENCEGAHAN PAHAM ANTI PANCASILA MASUK SEKOLAH Asyari, Fatimah
LEGALITAS : Jurnal Ilmiah Ilmu Hukum Vol 3, No 1 (2018)
Publisher : Universitas 17 Agustus 1945 Samarinda

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (51.428 KB) | DOI: 10.31293/lg.v3i1.3675

Abstract

This research is willing to research about how to prevent the anti -Pancasia enter the school of Indonesia especially in Balikpapan.Pancasila as the way of life for the people in Indonesia in any cases has tobe defended forever. Pancasila is absolutely existed forever in Indonesia.The research is hold in Balikpapan for one month. The method isqualitative by taking the bews frm the local daily news paper andobservtion the society among the different people of their religions, socialstatus, skin, language, originality, richness, rank, heritage and educationlevels.The conclusion of this study is : (1) Understanding the four pillarsof the life of the nation and state is very important. Therefore we mustpractice it, including the four pillars of national and state life, namelyPancasila, the 1945 Constitution, the Unitary Republic of Indonesia, andBhinneka Tunggal Ika; (2) All parties continue to maintain unity andunity in diversity;(3) Foster cooperation and tolerance with eachother;(4)Giving direction to anyone who has symptoms and anti-Pancasila;and (5)Continuous supervision at school

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