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INDONESIA
Khairun Law Journal
Published by Universitas Khairun
ISSN : -     EISSN : -     DOI : -
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Arjuna Subject : -
Articles 163 Documents
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The Role of Police Investigators in the Process of Investigating the Criminal Act of the Laromabati Village Office (Case Study of the South Halamahera Resort Police) Fahrid Galitan; Ridjal Junaidi Kotta; Nam Rumkel
Khairun Law Journal Volume 2 Issue 2, March 2019
Publisher : Faculty of Law, Khairun University

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Abstract

The crime of destruction of public facilities that occurred in the legal area of South Halmahera Police Station is the destruction of the Village Office of Laromabati, the crime of destruction has been regulated in Article 170 of the Criminal Code. This study uses an empirical legal approach, with research locations in South Halmahera District Police and in Laromabati Village, North Kayoa District, South Halmahera District. Sources of data obtained from primary data or data obtained directly and secondary data obtained from several books and other documents. Data collection techniques namely by interviewing directly to law enforcement officials who directly handle cases of damage to the Laromabati Village Office. The results of this study were carried out with the fact of the destruction of the Laromabati Village Office. The role of South Halmahera District Police investigators is to carry out law enforcement through investigations and investigations in order to find and collect evidence which with clear evidence of criminal acts and finding suspects. Whereas the form of handling of South Halmahera Police investigators in the case of the destruction of the Laromabati Village Office was influenced by factors of law enforcement officials and the low awareness of the community's law.
Modal Penyertaan dan Pertanggungjawaban Koperasi Panca Prima Terhadap Wanprestasi yang Dilakukan Sophian Selajar; Rifkiyati Bachri; Nabila N
Khairun Law Journal Volume 2 Issue 1, September 2018
Publisher : Faculty of Law, Khairun University

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Abstract

A cooperative is a business entity that requires capital. Cooperative capital consists of own capital and loan capital, but to develop its business, cooperatives can also conduct equity investment activities. This capital investment activity attracts the attention of the community because of its nature that bears the risk of loss but the investor is not given the authority to participate in managing the capital opening opportunities for misuse of capital investment management in cooperatives that can lead to defaults by cooperatives due to default on investors, as well as with investors. Panca Prima Cooperative which defaults on the venture capital cooperation agreement (investment capital). Thus, a problem arises whether the Panca Prima Cooperative can be held accountable for default on the venture capital cooperation agreement (equity participation) that is carried out and whether the management of the Panca Prima Cooperative is also responsible for the default carried out by the cooperative. To answer these problems normative research methods are used. Thus, it was concluded that the Panca Prima Cooperative could be held accountable for the default of the cooperative working agreement (capital participation) because the status of the Panca Prima Cooperative was a legal entity and that the Panca Prima Cooperative Management could not be held liable for defaults made by the cooperative Koperasi Panca Prima is a legal entity
Disparitas Pemahaman Hakim dalam Penyelesaian Sengketa Konsumen (Kajian Putusan No. 350 K/Pdt.Sus-BPSK/2016 dan NO.10/Pdt.Sus-BPSK/2016/PN.Plk) Rifkiyati Bachri; Yunan Prasetyo Kurniawan
Khairun Law Journal Volume 1 Issue 2, March 2018
Publisher : Faculty of Law, Khairun University

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Abstract

Judge decision NO. 350 K/Pdt.Sus-BPSK/2016 and Judge decision NO.10/Pdt.Sus-BPSK/2016/PN.Plk are 2 (two) of the 127 (one hundred and twenty seven) verdicts of BPSK annulled by the Supreme Court (MA) on October 27, 2017. Where MA argued the two verdicts were not the authority of BPSK. Thus, problems arise whether the decision NO. 350 K/Pdt.Sus-BPSK/2016 and the decision NO.10/Pdt.Sus-BPSK/2016/PN.Plk are the competence of BPSK in resolving consumer disputes or not. To answer these problems, normative legal research methods are used, so that the conclusion is that the verdict NO.10/Pdt.Sus-BPSK/2016/PN.Plk is not the Palangkaraya BPSK competency in deciding because Sancho is not the final consumer protected by UUPK, so if the Supreme Court annulled the decision of the Palangkaraya BPSK is true. Meanwhile, verdict NO. 350 K/Pdt.Sus-BPSK/2016 is true Coal BPSK competency to decide consumer disputes because Dermasnyah Pane is the final consumer protected by UUPK, so if the Supreme Court annulled the decision of Coal BPSK is not true.
Handling of Violent Crimes Between Community Groups in Ternate Conducted by the Police Muhammad Rizkal Kunio; Ridjal Junaidi Kotta; Nam Rumkel
Khairun Law Journal Volume 2 Issue 2, March 2019
Publisher : Faculty of Law, Khairun University

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Abstract

Efforts to tackle crime in general can be divided into two, namely the path of punishment (criminal law) and through non-punishment (not / outside of criminal law). The two pathways can be distinguished that, with efforts to overcome through the penalty line more focused on the repressive nature (oppression / eradication / suppression) after the crime occurred, while the non-penal route is more focused on the nature of the prefentive (prevention / deterrence / control) before the crime occurred. This research was conducted to find out what are the factors causing the occurrence of acts of violence between community groups in Toboko and Mangga Dua in Ternate City as well as the form of handling conducted by the Police Resort of Ternate on the issue. The results of the research in the field found that there were 2 (two) factors that caused violence between Toboko and Mangga Dua groups, namely group factors and individual factors, while the form of handling undertaken by the Ternate Resort Police was by taking preventive measures and repression.
Syarat Subjektif dan Objektif Sahnya Perjanjian dalam Kaitannya dengan Perjanjian Kerja Suwarti Suwarti; Faissal Malik
Khairun Law Journal Volume 2 Issue 1, September 2018
Publisher : Faculty of Law, Khairun University

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Abstract

The Law of the Republic of Indonesia Number 13 Year 2003 regarding Manpower explicitly stipulates that an employment agreement is made on the basis of: (i) an agreement between the two parties, (ii) the ability or ability to perform legal actions, (iii) the existence of the promised work, and ( iv) the work promised is not contrary to public order, decency, and applicable laws and regulations. Based on these provisions, which include subjective conditions for the validity of the work agreement are: (i) agreement between the two parties, (ii) the ability or ability to do the agreement is not contrary to public order, decency, and applicable laws and regulations. The legal implications for the work agreement can be canceled, while the work agreement that does not meet the objective objectives of the validity of the employment agreement is that the employment agreement is null and voidThe Law of the Republic of Indonesia Number 13 Year 2003 regarding Manpower explicitly stipulates that an employment agreement is made on the basis of: (i) an agreement between the two parties, (ii) the ability or ability to perform legal actions, (iii) the existence of the promised work, and ( iv) the work promised is not contrary to public order, decency, and applicable laws and regulations. Based on these provisions, which include subjective conditions for the validity of the work agreement are: (i) agreement between the two parties, (ii) the ability or ability to do the agreement is not contrary to public order, decency, and applicable laws and regulations. The legal implications for the work agreement can be canceled, while the work agreement that does not meet the objective objectives of the validity of the employment agreement is that the employment agreement is null and void
Peran Hakim Pengadilan Agama dalam Upaya Mengatasi Tingkat Perceraian di Kota Ternate Suwarti Suwarti
Khairun Law Journal Volume 1 Issue 2, March 2018
Publisher : Faculty of Law, Khairun University

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Abstract

Divorce is something that must be avoided, because divorce is lawful in its legal position, but the impact it has is quite large both on husband, wife and also his children and on the surrounding community. Islam views divorce as a lawful but very wrath of God, so that divorce is the last resort that can be taken if the household conditions can no longer be maintained, or if the marriage is maintained can lead to greater harm. Therefore Islam considers divorce to be complicated and is the last resort that can be taken by husband and wife if it does not find a solution to the problems of the household. The number of divorces that occurred in the city of Ternate increased partly because of the settlement factor that almost all cases filed ended in litigation at the Ternate City Religious Court, although non-litigation divorce settlement could be taken to reduce the number of divorces submitted
Kepatuhan Hukum Pengendara Sepeda Motor Menyalakan Lampu Utama pada Siang Hari di Kabupaten Halmahera Selatan Tri Syafari; Basto Daeng Robo
Khairun Law Journal Volume 2 Issue 2, March 2019
Publisher : Faculty of Law, Khairun University

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Abstract

Motorcycle riders in southern Halmahera Regency have not complied and obeyed the provisions of Article 293 paragraph (2) of the LLAJ Law concerning the obligation of motorcycle riders to turn on their lights during the day. This happened because in facing the disobedience of the driver, the South Halmahera Sat Lantas Police had not taken repressive measures such as giving a TOSS statement but the action taken was still limited to preventive action. The preventive measure is to disseminate information about the obligation to turn on lights during the day by motorcyclists. In addition, community ignorance and the low level of community discipline. Then the weak sanctions imposed by law enforcement.
Perkembangan Kompetensi Absolut Praperadilan Tentang Perintah Penetapan Tersangka Kepada Penegak Hukum oleh Pengadilan. (Studi Putusan Pengadilan Negeri Jakarta Selatan No. 24/Pid/Pra/2018/PN.Jkt.Sel) Muhammad Tabrani Mutalib
Khairun Law Journal Volume 2 Issue 1, September 2018
Publisher : Faculty of Law, Khairun University

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Abstract

Pretrial has the authority under the Criminal Procedure Code to order law enforcement agencies (KPK / Police / Prosecutors) to continue the legal process of someone suspected of committing a criminal act of corruption and this does not conflict with the legality principle of criminal procedure as affirmed in Article 2 and Article 3 of the Criminal Procedure Code. The pretrial judge's action is the application of the principle of judicial independence to resolve legal issues. Thus the pretrial judge's ruling does not conflict with the legal principles of procedural law in Article 2 and Article 3 of the Criminal Procedure Code
Penerapan Ketentuan Pidana bagi Penyelenggara Jalan yang Mengakibatkan Terjadi Kecelakaan Ridjal Junaidi Kotta; Tri Syafari
Khairun Law Journal Volume 1 Issue 2, March 2018
Publisher : Faculty of Law, Khairun University

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Abstract

The implementation of criminal provisions for Road operators which resulted in accidents in South Halmahera District is not effective because until now there has been no complaints / reports and demands from the community to the South Halmahera Resort Police related to traffic accidents due to damaged roads. This is because the public does not understand the existing rules (criminal provisions in Article 273 of Law Number 22 Year 2009) due to lack of socialization and legal counseling to the public. Community ignorance of existing rules (criminal provisions in Article 273 of Law Number 22 Year 2009) and the non-proactive role of the police in following up on traffic accidents experienced by the community due to damaged roads and lack of socialization and legal counseling by the government to Public.
Eksistensi Syahbandar dalam Penegakan Hukum Pelayaran di Kota Ternate Fathurrahim Fathurrahim
Khairun Law Journal Volume 2 Issue 2, March 2019
Publisher : Faculty of Law, Khairun University

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Abstract

The role of the shahbandar in the enforcement of shipping crime has the highest authority in conducting initial inspections of ship accidents with the aim of knowing the causes of ship accidents and / or determining whether or not there is an error or omission in the application of maritime professional standards carried out by the master or ship leader and / or Ship Officer in connection with a ship accident. The Role of Syahbandar in the Investigation of Sailing Crimes in the Case of Ship Accidents is not running optimally, this is due to inhibiting factors in terms of human resources in this case related to the limited number of personnel, education and training as well as facilities and facilities factors related to the minimal number of patrol vessels very significant in carrying out investigation of shipping crime in this case a ship accident in the waters.

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