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LEGALITAS
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Articles 90 Documents
TANGGUNG GUGAT KASIR TERHADAP KERUGIAN AKIBAT KELALAIANNYA DI MATAHARI DEPARTEMENT STORE MALL LEMBUSWANA SAMARINDA Khairunnisah, Khairunnisah
LEGALITAS : Jurnal Ilmiah Ilmu Hukum Vol 3, No 2 (2018)
Publisher : Universitas 17 Agustus 1945 Samarinda

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (62.161 KB) | DOI: 10.31293/lg.v3i2.4116

Abstract

In accordance with the 1945 Constitution, the Indonesian economy isstructured based on economic democracy, where business units or theeconomy are formed based on joint ventures and kinship with the networkmust be fostered a sense of shared responsibility for the business processso that interested parties get results that are worth the effort each one.Agreement is an event in which someone promises to another person or anevent in which someone promises to carry out in a matter in this eventarises a relationship between these two people which is called anengagement.According to article 1601 a Civil Code the employment agreement is anagreement whereby the one party namely the laborer binds himself to theother party (the employer) binds himself to employ one party (labor) bypaying a stipulated wage.The system that occurs at Mall Matahari Department Store where beforethe cashier's work is preceded by the existence of a work agreement in theform of a written agreement, the contents of the agreements are onlydetermined / made unilaterally, but the officer and employer agree. Sothat the officials felt like it or not had to implement the agreement made,because the agreement was binding. For an agreement between theemployer and the screen officer, the researcher uses the term workagreement which states that this agreement is about work, that is, theexistence of a work agreement arises from a party to work. What is clearin the agreement must be clear to both parties. So that one of them cannotget out of the agreement that has been agreed upon. And the agreementmust not harm one party or only benefit the other party (in this case theemployer / company).
PROSES PENYIDIKAN DALAM UPAYA PENEGAKAN HUKUM TERHADAP TINDAK PIDANA PEREDARAN VCD DVD PORNO DI WILAYAH HUKUM POLRESTA SAMARINDA Putri, Dina Paramitha Hefni
LEGALITAS : Jurnal Ilmiah Ilmu Hukum Vol 3, No 2 (2018)
Publisher : Universitas 17 Agustus 1945 Samarinda

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (70.741 KB) | DOI: 10.31293/lg.v3i2.4098

Abstract

The formulation of the problem is how the modus operandi in circulationpornographic VCD DVD by actors, how the investigation process and theconstraints faced by the investigator and how efforts to control thecirculation of pornographic DVD VCD carried out by the PoliceSamarinda. In this case study method used by the author is empirical legalresearch, conducted research at Police Samarinda and Samarindajurisdictions whose purpose is to describe and analyze the modusoperandi by the perpetrators, constraints investigation and efforts incombating trafficking in pornographic DVD VCD Polresra Samarinda.List of reference in the this thesis is Law No. 2 of 2002 on the IndonesianNational Police, Law No. 44 Year 2008 on Pornography and the Code ofPenal (Penal Code).
PENEGAKAN HUKUM TERHADAP MEMBANGUN BANGUNAN BERDASARKAN PERATURAN DAERAH KOTA SAMARINDA NOMOR 34 TAHUN 2004 TENTANG BANGUNAN DALAM WILAYAH KOTA SAMARINDA (STUDI PELANGGARAN BANGUNAN DI JALAN AHMAD YANI KOTA SAMARINDA) Makrondji, Khairunnisah dan
LEGALITAS : Jurnal Ilmiah Ilmu Hukum Vol 3, No 2 (2018)
Publisher : Universitas 17 Agustus 1945 Samarinda

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (68.652 KB) | DOI: 10.31293/lg.v3i2.4099

Abstract

The obligation to maintain environmental harmony in individualsor businesses that are legal entities carry out building activities inaccordance with what is mandated by Article 41 paragraph (2) RegionalRegulation of Samarinda City Number 34 of 2004 concerning Buildings inSamarinda City Region. However, especially on Jalan Ahmad Yani thereare still places to build buildings that violate, every implementation ofbuilding activities must maintain the security, safety of buildings and theenvironment and should not interfere with the peace and safety of thesurrounding community. In connection with the foregoing, it is interestingto study Law Enforcement Against Building Buildings Based onSamarinda City Regulation Number 34 of 2004 concerning Buildings inthe Samarinda City Area (building violation studies on Jalan Ahmad YaniSamarinda City. How to enforce law and legal efforts against RegionalRegulation of Samarinda City Number 34 of 2004 concerning Buildings inSamarinda City Region.This research was carried out at the Samarinda One-StopIntegrated Licensing Service Agency, UPTD Operational Control UnitBuilding and places to build buildings on Jalan Ahmad Yani SamarindaCity. Collecting data with field studies, namely interviews andobservations / field observations, as well as library studies. Based on theresults of research in the field, it is shown that enforcement of places tobuild buildings that are not in accordance with environmentalpreservation on Ahmad Yani street in Samarinda City is not effective. Thiscan be seen from the fact that there are still a lot of stacking places thathave not implemented implementation that is in line with environmentalsustainability, which enforcement actions do not take place. Law enforcerswho are not strict in enforcing building activities that are not inaccordance with the procedures for making this Regional Regulation are not implemented. This can be seen from the fact that there is still a placeto build buildings that does not care about the sustainability of theenvironment when building a building, it can disrupt the comfort andsafety of the surrounding environment and the people who cross the area.
PERANAN UNDANG-UNDANG NOMOR 25 TAHUN 2007 TENTANG PENANAMAN MODAL Florentinus Sudiran, Ade Sulistya Ningrum dan
LEGALITAS : Jurnal Ilmiah Ilmu Hukum Vol 3, No 2 (2018)
Publisher : Universitas 17 Agustus 1945 Samarinda

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (66.072 KB) | DOI: 10.31293/lg.v3i2.4100

Abstract

This reearh is library one. The problem formulation is how to solvethe conflict of among the sides. The aim of is willing to know how to solvethe disput/conflict of among the sides ? The results f the research can sovebased on.chapter XV, article 32. concerning to solve the conflict are (1)By negotiation to understanding among the sides; (2) If it is not finished itwill be solved by court based on he regulation ; (3) Special for foreigninevestment solution is by arbritage r international court. Sugestion (1) Inthe short term the government has to improve the climate of the businessand investment; (2) The government ha to improve as well as to haveaction for law enforcement.
PERANAN UNDANG-UNDANG PEMBERANTASAN KORUPSI TERHADAP SAKSI (KASUS RUMAH POTONG HEWAN PEMERINTAH KOTA BALIKPAPAN) Safitri, Gusti Heliana
LEGALITAS : Jurnal Ilmiah Ilmu Hukum Vol 3, No 2 (2018)
Publisher : Universitas 17 Agustus 1945 Samarinda

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (44.255 KB) | DOI: 10.31293/lg.v3i2.4093

Abstract

The aim of this research is to know the corruption in Balikpapan City onthe building of the Rumah Potong Unggas (Chicken Cutting Place). Theresearch method is library one. The data and analysis are taken from thelocal daily news paper. The location of the research is in Balikpapanduring 6 (six) months in 2018/2019. The results of it are (1) Thecorruption strongly happened on the building of RPU Rumah PotongUnggas (Chicken Cutting Place) in Balikpapan; (2) The corruption actionis held by many people; (3) The people involved are from executive andlegislative as well as non-state officers or some member of societyincluding the corporations; (4) The corruption deed is concerning “markup”of the budget. The suggestions are : (1) This action crime has to besolved stricktly; (2) The money corrupted has to be repayed; (3) The lawenforcement has to be executed.
BATAS TANGGUNG GUGAT PENGANGKUT APABILA TERJADI KECELAKAAN KAPAL DENGAN PENGGUNA JASA ANGKUTAN PERAIRAN SUNGAI MAHAKAM KALIMANTAN TIMUR Stefanus Roy Hendrayanto, Dina Paramitha Hefni Putri dan
LEGALITAS : Jurnal Ilmiah Ilmu Hukum Vol 3, No 2 (2018)
Publisher : Universitas 17 Agustus 1945 Samarinda

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (64.016 KB) | DOI: 10.31293/lg.v3i2.4101

Abstract

In 1935 ships-Ordinance has been determined on the requirements of thefeasibility of doing the cruise ship and the requirements in the form oflicenses issued by the Indonesian Bureau of Classification issued by thegovernment or cq Harbormaster and the Head Office of the Department ofTransportation. To and survived the voyage, the ship inland waters mustbe equipped with ship letters which is a guarantee for the feasibility of theship to sail in accordance with the requirements specified in theOrdinance of 1935 ships and inland vessels Ordinance 1927 and itsimplementation rules. A ship is said to worth screens for transportingpassengers and / or goods if it has a certificate of excellence. It ismentioned in Article 6 paragraph ( 1 ) and ( 3 ) ships Ordinance 1935. Inthe operation of inland water transport in particular freight , carriers andshippers generally have never made a carriage agreement in writing butmade verbally, and thus the rights and obligations of the parties is notreflected clearly impractica. In the event of an adverse event party shippermoney due to damage, reduced or loss of an item because of an error oromission of the carrier, the carrier usually fixed indemnify though not asbig as the real loss suffered. In terms of passenger transport (people), thecarrier is always considered to be responsible for the losses suffered bythe passenger if he were injured or died, without any obligation for thepassengers or their heirs to prove their right to compensation, just whenhe argues that he suffered injuries caused by transporting it. The newpresumption disappears if the carrier can prove that the loss occurredthrough no fault on his part or can not be avoided ( overmacht ) orbecause of his own fault passengers.
PERAN KOPERASI DALAM PEREKONOMIAN INDONESIA TERHADAP HUKUM PENANAMAN MODAL Sudiran, Florentinus
LEGALITAS : Jurnal Ilmiah Ilmu Hukum Vol 3, No 2 (2018)
Publisher : Universitas 17 Agustus 1945 Samarinda

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (62.573 KB) | DOI: 10.31293/lg.v3i2.4096

Abstract

The aim of this research ie to know the role of the Coeperation inIndonesian economy in 2017. The methode of it library one by taking thedata from magzine, daily newpaper, goggle and others. The results of itare (1) Cooperation is business body which the members of people or laworgnization based the priciples of cooperation and automtically themovement people economy based on as the priciple of family group, (2)The cooperation has the big role in the aindonesian economy bacause itcan dinamize the people economi, (3) The situation of the cooperation isvery stratagic it is, threfore, the government takes vocus in the nationaleconomic development, (3) At themoment it is badly needed the strongcommitment to develop cooperation which is able to help itself accordingto its identity of it. The suggestions are (1) The government can support ittowards the global economy; (2) By global it can more active to developIndonesian economy maximallyand can improve the society welfare
PERLINDUNGAN HUKUM TERHADAP PEKERJA PEREMPUAN MENURUT KETENTUAN UNDANG-UNDANG KETENAGAKERJAAN Rosifany, Ony
LEGALITAS : Jurnal Ilmiah Ilmu Hukum Vol 4, No 2 (2019)
Publisher : Universitas 17 Agustus 1945 Samarinda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31293/lg.v4i2.4462

Abstract

Protection of women workers can be done, both by making demands and by increasing the recognition of human rights, physical and technical as well as social and economic protection through norms applicable in the work environment.Workforce protection is to guarantee a harmonious working relationship system without pressure from the strong to the weak. For this the employer is obliged to implement the labor protection provisions in accordance with the applicable laws and regulations.Law enforcement is an important part of the legal system, this is done as an effort to develop systematically and continuously. Implementation of legal sanctions, both administrative and criminal as a result of violation of a provision in the legislation.
PERANAN HUKUM PENANAMAN MODAL TERHADAP PENYELESAIAN KONFLIK ANTARA PEMERINTAH INDONESIA TERHADAP PT INDOSAT Florentinus Sudiran, Deasy Fitriyana dan
LEGALITAS : Jurnal Ilmiah Ilmu Hukum Vol 4, No 1 (2019): LEGALITAS
Publisher : Universitas 17 Agustus 1945 Samarinda

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (78.406 KB) | DOI: 10.31293/lg.v4i1.4423

Abstract

This researh is labrary one about the dispute between thegovernment Indonesia and PT. Indosat. The results of the research are isthat the other countries do not trust to the government of Indonesia aboutthe illegal usage of the frequency 3G which receives te formal letter asthere is no trust to Indonesia about the process of the law inforcement (Gto G atau government to government) which is owned by Qatar. It is nowbeing processed in Great Court. This problem involed the the PT. Indosatand its group Indosat Mega Media (IM2). The solution is based n theregulation of the invesment Number 25, 2007 on conflict solution.In the Artcle 32 or he regulation concered has been determined theways of the conflict or dispute between the Governmnt of Indonesia an theDomistic investor a follows 1) Negotiation, Arbitrage, Alternative ofconflict solution and court. The suggestions (1) The Governmnt ofIndonesia ha to improve the investment climate; (2) To use the regulationof investmen Number 25 2007; (3) To give the llimit of recommendationand to publish the realization of the rgulation concerned to guarentee thethe supreme of law of the domistic regulation of regional government.
TINJAUAN HUKUM BIDANG PEMBINAAN DAN PENGAMANAN TERHADAP ANGGOTA POLRI YANG MELAKUKAN PENYALAHGUNAAN NARKOBA BERDASARKAN PERATURAN PEMERINTAH RI NOMOR 2 TAHUN 2003 TENTANG PERATURAN DISIPLIN ANGGOTA POLRI Abdul Rokhim, Aulia Tohari dan
LEGALITAS : Jurnal Ilmiah Ilmu Hukum Vol 4, No 2 (2019)
Publisher : Universitas 17 Agustus 1945 Samarinda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31293/lg.v4i2.4498

Abstract

This study aims to determine criminal liability before entering generalcriminal acts against members of the national police who commit drugabuse and to find out the process of sentencing against members of thenational police who commit drug abuse.The criminal act of narcotics abuse committed by members of theIndonesian National Police is also a violation of disciplinary regulationsand the Polri Professional Code of Ethics, therefore Article 12 paragraph(1) of Government Regulation Number 2 of 2003 concerning DisciplinaryRegulations of Members of the Indonesian National Police confirms that"Imposition of disciplinary punishment not delete criminal charges ".In handling criminal sanctions against police officers who abuse narcoticsLaw No. 35 of 2009 concerning Narcotics. The provisions do not onlyapply to members of the police force but also to other communities whohave been proven to have abused narcotics. Narcotics criminal provisions(forms of criminal acts committed and the threat of criminal sanctions forthe perpetrators) are regulated in Law No. 35 of 2009 listed in severalarticles. These articles include Article 111 - Article 127, Article 129 andArticle 137