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RUANG LINGKUP PENGATURAN PERLINDUNGAN BURUH/PEKERJA MENURUT UNDANG-UNDANG NO.13 TAHUN 2003 TENTANG KETENAGAKERJAAN Agus, Dede
LEGALITAS : Jurnal Ilmiah Ilmu Hukum Vol 4, No 1 (2019): LEGALITAS
Publisher : Universitas 17 Agustus 1945 Samarinda

The protection of Labour/worker can be enforced by various laws,including Law No. 13 of 2003 on Manpower. This law gives greatattention to the protection of labour/worker, in the terms of substance andscope of regulation, which includes all matters relating to labour at thepre-employment, during and post employment. Therefore, this paper isaimed to discuss the protection of labour/worker according to Law No. 13of 2003 on Manpower in the terms its scope of regulation. The regulatedpre-employment, such as: Manpower Planning and EmploymentInformation, Job Training, Labour Placement and Expansion ofEmployment Opportunities. The regulated during employment, such as:Employment Relationships (work agreements), Protection, Wages andWelfare and Industrial Relations. The regulated post employment, suchas: Termination of Employment and the rights them. Although the scope ofthe regulation is so, it is still not perfect, considering that the law is notperfect. Likewise, if examined in theory the scope of the validity of the law(scope according to time): pre-employment, during and post employmenthas met these criteria, but if examined from the side of purpose theory,character and the nature labor law has not fully fulfilled.

GANTI RUGI TERHADAP KORBAN KECELAKAAN LALU LINTAS YANG MENGALAMI CACAT FISIK DI TINJAU DARI ASPEK HUKUM PERDATA Khairunnisah, Nanda Theresia 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.v4i2.4458

Legal rules often focus on punishing criminals but victims also need to be considered because victims are the parties who are sufficiently disadvantaged and suffer. Everyone thinks that the best way to help the victim is to catch the criminal, as if the criminal is the only source of trouble for the victim in the traffic accident. This is the background of the author taking the title Compensation Against Traffic Accident Victims Who Have Physical Disabilities In Review Of Civil Aspects. The method used in this study is normative legal research. Conclusions from the formulation of the problem taken in terms of compensation efforts based on Article 1365 of the Civil Code reads "Every act that violates the law, which brings harm to others, requires people who due to their wrongdoing to repay these losses" and based on research located in the Regency The results of the Kutai Kartanegara are that the number of traffic accidents that occur during 2017 to 2019 is a problem that often occurs on the road and is unavoidable because traffic accidents are unpredictable. Law Number 22 of 2009, Article 229 states that; Traffic Accidents are classified as: Light traffic accidents, Medium traffic accidents and Heavy traffic accidents. Presumably the government can make special laws and regulations regarding the problem of compensation for victims who experience physical or non-physical disabilities.

TINJAUAN HUKUM USAHA BONGKAR MUAT BARANG DI PELABUHAN SAMARINDA BERDASARKAN PERATURAN PEMERINTAH NOMOR 20 TAHUN 2010 TENTANG ANGKUTAN DI PERAIRAN Syamsuddin, Muhammad Hatta 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.v4i2.4499

Liability in sea transportation concerning loading and unloading of goodsis very important and is closely related to the rights and obligations of theparties. Therefore, separate regulations regarding sea transportation areneeded, both regulated by the international world and nationalregulations.One of the disputes that often arise in sea transportation is the damage togoods which raises the right of claim for compensation from the owner ofthe goods to the carrier. The emergence of claims from the owner of thegoods in the form of damage to the goods, it is important to pay attentionto the parties involved in the transportation process to be able todetermine which party is really responsible for claims for compensationfor damage to the goods.The purpose of this study is to determine the implementation of loadingand unloading of goods carried out in the Port of Samarinda and todetermine the responsibility of employers for losses incurred in theprocess of loading and unloading at the Port of Samarinda.The study uses normative juridical research methods and techniquesnamely library research and document research.The results of this study are (1) The loading and unloading business atports as an integral part of the port management system in Indonesia isstated in PP No. 2 of 2010 concerning Transportation on Water. Based onthis PP, loading and unloading activities from and to ships are carried outby shipping companies through the loading and unloading business units.(2) In Article 180 Paragraph 1 states that the transport company in thewater transport company is responsible for the safety and security of thepassengers and / or the goods they transport. Then Article 180 Paragraph2 states that the water transport company is responsible for the cargo ofthe ship in accordance with the type and amount stated in the cargo document and / or the agreed transportation agreement or contract. Thisform of protection is intended to protect and maintain the integrity andsecurity of transported goods during loading and unloading activities

KEDUDUKAN ANAK TERHADAP HARTA WARISAN DALAM PERKAWINAN DI BAWAH TANGAN DITINJAU BERDASARKAN UNDANG-UNDANG NOMOR 1 TAHUN 1974 TENTANG PERKAWINAN Safitri, Gusti Heliana; farizha, Nadia
LEGALITAS : Jurnal Ilmiah Ilmu Hukum Vol 4, No 1 (2019): LEGALITAS
Publisher : Universitas 17 Agustus 1945 Samarinda

The problem in this study is the position of children born from marriageunder the hands and how the rights of children to inheritance frommarriage under the hands based on Law Number 1 of 1974 concerningMarriage. Underhand marriage is still happening in Indonesian society.Submarine marriage is a marriage that does not register the marriage tothe authorized institution, namely the Office of Religious Affairs forMuslims and the Civil Registry for non-Muslims. In Article 2 paragraph(2) of Law Num ber 1 of 1974 it is stated that a new marriage is valid if itis carried out according to the laws of each religion and its beliefs.However, the validity of marriage in the eyes of religion and public trustneeds to be ratified by the state in order to have legal force.The consequences of marriage under the hands are very bad forthe wife and for children born both legally, socially and psychologically.Other problems that can be caused from marriage under the hands are therights and obligations of husband and wife who are not guaranteed in fullfrom the State. The provisions in Article 42 paragraph (1) of Law Number1 Year 1974 concerning Marriage state that a legitimate child is a childborn from or as a result of a legal marriage. So it can be concluded thatchildren born from underage marriages are illegitimate children or out ofwedlock children. From the results of the research discussion it is knownthat Based on the Decision of the Constitutional Court Number 46 / PUUVIII/ 2010 Testing of Law Number 1 of 1974 concerning Marriage to theState Constitution of the Republic of Indonesia Year 194. It is said thatchildren born outside marriage have a civil relationship with his motherand his mother's family and with his man as his father that can be provenbased on science and technology and / or other evidence so according tothe law he has a blood relationship, including a civil relationship with hisfather's family

PELAKSANAAN PERJANJIAN FRANCHISE BEBEK PAK NDUT DI KOTA SAMARINDA MENURUT HUKUM PERDATA Ekawati, Ekawati
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.v4i2.4459

Franchise business is a future business trend with a small risk of failure where growth is very rapid and gives its own color in the Indonesian economy. Franchise agreement is one aspect of legal protection to the parties from acts that harm other parties. If one party violates the contents of the franchise agreement, then the other party can sue the infringing party in accordance with applicable law. Franchising in Indonesia is currently regulated in Government Regulation No. 42/2007 concerning Franchising. In PP No.42 of 2007 it also stipulates that a contract must be made clearly. And if we observe that currently in Indonesia there are already many franchise businesses in the field of food that are very creative. The Pak Ndut Duck franchise is a franchise agreement for the sale of Pak Ndut's chicken and duck food products. As a result of the existence of a product sales franchise agreement, the parties are bound in a right and obligation. This type of research is analytical descriptive, namely to describe, discover legal facts as a whole and systematically study the Implementation of the Pak Ndut Duck Franchise Agreement in Samarinda City. The parties involved in the fanchise agreement (franchise) are explained in Article 1 paragraph (2) and (3) Republic of Indonesia Government Regulation No. 42 of 2007 concerning Franchises states that the franchisor (Franchisor) is an individual or business entity that gives the right to use or use the franchise he owns to the franchisee.

PERAN MANAJER DALAM MENGELOLA KONFLIK ORGANISASI PENGUSAHA TELAAH TERHADAP HUKUM KETENAGAKERJAAN Bazarah, Jamil
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.v4i2.4500

The role of managers in an organization is very important because theexistence of managers becomes a doorstop or becomes one of thespearheads of success in organizing. One of the tasks or roles of themajaner is to be able to manage conflicts in the organization he leads sothat each conflict can be resolved properly and no one feelsdisadvantaged. The purpose of this research is to find out how the role ofmanagers in managing employers' organization conflicts.The role of managers in managing conflicts in an organization is veryimportant including: (1) Managers as mediators in solving problems; (2)Managers as consultants to subordinates; (3) Managers as motivators fortheir organizations; (4) Managers have an important role in decisionmaking; (5) A manager is required to be able to master all problems andcan be resolved with deliberation and good thinking before deciding; and(6) A manager is also expected to be a friend as well as a parent in theorganization so that with such circumstances organizational developmentcan be created properly and can realize what is the vision and mission ofthe organization.

DAMPAK DAN PENGARUH PERTAMBANGAN BATUBARA TERHADAP MASYARAKAT DAN LINGKUNGAN DI KALIMANTAN TIMUR Yosana Zalukhu, Frendly Albertus dan
LEGALITAS : Jurnal Ilmiah Ilmu Hukum Vol 4, No 1 (2019): LEGALITAS
Publisher : Universitas 17 Agustus 1945 Samarinda

A social problem tells of the difficulties, especially a number ofresidents in East Kalimantan to obtain welfare, a healthy environment,and agricultural land that can be used to make a living. Steam powerplant construction projects are one of the causes of coal mining. Where itwill bring the positive side, that the community needs electricity, but onthe other hand will affect the natural resources that are around thedisruption of community activities that are farming and gardening. EastKalimantan is the largest coal producer in Indonesia and has high naturalresource potential. Coal itself is a non-renewable natural resource and ifit is continuously extracted it will affect the environment and waterresources. In the regulation of the Minister of RI No. 26 of 2018, article20 paragraph 2b reads "Prevention and restoration of the environment inthe event of environmental pollution and / or damage". But the data provethat in 2014-2018 it has claimed as many as 115 people due to the minepit. In this case, environmental damage in East Kalimantan, especiallyaround the coal mining area, must take an administrative and educationalapproach, in which the government sanctions legal coal miningentrepreneurs and creates a mining education program to channel ideasand knowledge about sources environmentally friendly energy.

FUNGSI PERS SEBAGAI PENYEBARAN INFORMASI DALAM PENEGAKAN HUKUM DI INDONESIA Syahriar, Irman
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.v4i2.4460

This study aims to find interactions between the press and law enforcement, as well as the information function needs of the press for law enforcement. This type of research used in this research is descriptive research. Analysis of the data used is qualitative. The results showed that the press had a large role in law enforcement and the development of Indonesian national law. Interaction between the functions of the press and the principles of law enforcement stated above can be mutually supportive, but also can inhibit each other. According to Bagir Manan, there are at least three aspects of press relations with law enforcement. First; the press as an object of law enforcement or affected by law enforcement. Second; the press as a facilitator of law enforcement.Third; the press as a barrier to law enforcement.

BANYAKNYA PENJUALAN BBM DENGAN MENGGUNAKAN POM MINI TANPA DILENGKAPI IZIN DI KECAMATAN MUARA WAHAU KABUPATEN KUTAI TIMUR Fatimah Asyari, Haris Suyanto 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.v4i2.4501

The development of the economy today is growing rapidly, which has animpact on the lives of people who need fuel oil (BBM) for daily needs fortheir survival. Economic development in general and in the field ofindustry and national trade in particular has produced a variety of goodsand / or services that can be consumed.The emergence of mini pom phenomena is not a few issues that havearisen among the people. The tools that are in mini poms that are sold ingeneral do not deny causing a particular concern. Jakarta Ministry ofTrade recognizes the existence of mini poms violating the rules. But apartfrom legal issues, they urge the public not to buy retail gasoline at themini pump, if it is not forced to due to inaccurate dosing can harmconsumers.the problems in this study are: (1) What is the Legal Position of the sale ofmini pom fuel according to the applicable laws and regulations ?; (2)How is Pertamina Oil Sales Supervision Related to Consumer Protection?The conclusions of this study are: (1) The sale of Pom Mini Fuel is not inaccordance with the Law, because it is not in accordance with thestandards listed in Law Number 2 of 1981 concerning Legal Metrologyand PerBPH Oil and Gas Number 6 years 2015; and (2) As is known,Pom Mini retail oil seller is an illegal and unlawful business activity thatmay be subject to criminal sanctions.

HAKEKAT HUKUM UNTUK MEWUJUDKAN ASPEK HUKUM YANG BERKEADILAN Farahwati, Farahwati
LEGALITAS : Jurnal Ilmiah Ilmu Hukum Vol 4, No 1 (2019): LEGALITAS
Publisher : Universitas 17 Agustus 1945 Samarinda

Legal protection is an activity to maintain or maintain relationships in thecommunity in order to achieve justice. An upright law is guaranteeingjustice without justice can be said to be not law, therefore rely on the ruleof law in order to bring about justice for all people.Legal norms are the most dominant rules that are enforced with powerand for their violations subject to certain sanctions established by thestate.The existence of various fields of legal system in society gives rise tocertain legal systems which are also the structure and process of the law.The legal system covers various legal subsystems which then greatlyinfluences the ongoing process of various fields of law.The nature of the law covers the entire legal system wcihc is an activity toimplement and apply justice and take legal action against any violationsor deviations of law committed by legal subjects either through judicialprocedures or through non judicial procedures.

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Contact Name
-

Contact Email
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Journal Mail Official
-

Editorial Address
-

Location
Kota samarinda,

Kalimantan timur

INDONESIA