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Jurnal Ilmu Hukum The Juris
Published by Sekolah Tinggi Ilmu Hukum Awang Long Samarinda
ISSN : 25800299     EISSN : 25808370     DOI : -
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
JURNAL ILMU HUKUM "THE JURIS" adalah Jurnal ilmiah yang diterbitkan secara berkala oleh SEKOLAH TINGGI ILMU HUKUM AWANG LONG, SAMARINDA. Pemilihan dan penggunaan kata THE JURIS dimaksudkan untuk menunjukkan pemetaan lingkup ide dan gagasan dari para praktisi, akademisi, dan ilmuan hukum yang difokuskan pada berbagai isu strategis mengenai hukum baik di tingkat nasional maupun internasional.
Arjuna Subject : -
Articles 544 Documents
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PERLINDUNGAN HUKUM TERHADAP PENGGUNAAN UANG ELEKTRONIK PADA JALAN TOL (E-TOLL) DITINJAU DARI UNDANG-UNDANG NOMOR 8 TAHUN 1999 TENTANG PERLINDUNGAN KONSUMEN Muhammad Alfian Williandanu; Arikha Saputra
The Juris Vol. 6 No. 2 (2022): JURNAL ILMU HUKUM : THE JURIS
Publisher : Lembaga Penelitian dan Pengabdian kepada Masyarakat STIH Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56301/juris.v6i2.597

Abstract

As an innovative and practical means of payment, electronic money is expected to facilitate the smooth payment of mass, fast, and micro economic activities, and its development will help smooth transactions in public transportation such as toll roads, trains, or other fields of public transportation. . Trade in mini markets, food courts or car parks. Given the importance of this role, the government conducts efficient and effective transportation operations by building toll roads that use electronic money cards (e- money) for payments. Consumers must use e-money cards for payment transactions, and this payment system also has a weakness, namely that consumers feel disadvantaged, namely they are not entitled to security in the event of loss and damage to the e-money card. This research is a normative legal research with a written method. Legal materials in this study include primary legal materials, secondary legal materials, and tertiary legal materials. The legal material analysis technique used in this research is to use descriptive techniques followed by evaluation. The findings and conclusions of this study indicate that the use of electronic money (E-Toll) on toll roads is often problematic, contrary to the Consumer Protection Act (UU No. 8 of 1999) which is certainly very detrimental to consumers. , Because the e-money card is an unregistered card, if the e-money card holder is lost or damaged, there is no legal protection. If the card is lost or damaged, the bank is not responsible for re-issuing it. E-money card, e-money card holder has no legal remedies for loss and damage due to a legal vacuum.
ANALISIS DAN KAJIAN KRIMINOLOGI HUKUM DALAM KASUS MINUMAN BERAKHOL PADA ANAK DIBAWAH UMUR DI DESA MULYASARI Mela Nurhayati; Hana Faridah
The Juris Vol. 6 No. 2 (2022): JURNAL ILMU HUKUM : THE JURIS
Publisher : Lembaga Penelitian dan Pengabdian kepada Masyarakat STIH Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56301/juris.v6i2.598

Abstract

Alcohol has a certain effect that encourages children to become criminals. Alcoholic beverages greatly affect brain function, but if they are absorbed into the blood or gradually inhibit the activity of the nervous system, alcoholic beverages greatly affect human thinking ability, which can cause children to be guilty. The effect of alcohol on crime is that alcohol abuse has a negative impact on minors. Alcoholic drinks are widely circulated and consumed by minors because there are many illegal liquor sellers who do not have official permission to sell alcoholic beverages because they are consuming alcoholic beverages. Article 300 paragraph 1 reads: (1) a maximum imprisonment of one year or a maximum fine of four thousand five hundred rupiahs; first. Any person who deliberately sells or gives intoxicating drinks to a person who appears to be drunk; Trafficking in women and trafficking of minors is punishable by imprisonment of up to six years. (2). Anyone who knowingly intoxicates a child under the age of sixteen; 3. Any person who by coercion or threat of violence forces someone to drink an intoxicating drink. Meanwhile, according to Erikson (in Alwisol, 2009), adolescence or youth is one of the stages of human development, especially at the age of 12-20 years. Any person who deliberately sells or allows an intoxicated person to drink, deliberately intoxicates a person under the age of 16 and forces him to drink, shall be punished by a maximum imprisonment of six years.
HAK PEKERJA YANG MENGALAMI PEMUTUSAN HUBUNGAN KERJA BERDASARKAN PERATURAN PEMERINTAH NOMOR 35 TAHUN 2021 Rahmawati Kusuma; AD Basniwati
The Juris Vol. 6 No. 2 (2022): JURNAL ILMU HUKUM : THE JURIS
Publisher : Lembaga Penelitian dan Pengabdian kepada Masyarakat STIH Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56301/juris.v6i2.599

Abstract

This study aims to determine the rights of workers who experience termination of employment based on Government Regulation No. 35 of 2021 concerning certain time work agreements, outsourcing, work and rest periods, and termination of employment. This research uses normative legal research by using approach methods, namely; Legislation approach method, conceptual approach and Historical approach. The analysis of legal materials obtained is in accordance with the above data collection techniques, then the collected data is then processed and analyzed qualitatively. The results of the research and discussion conclude that the regulation regarding the process of termination of employment as regulated in Articles 37,38 and 39 as well as the rights of workers obtained in the event of termination of employment are contained in Articles 40 to 59 of Government Regulation Number 35 of 2021 concerning work agreement for a certain time, outsourcing, working time and rest time, and termination of employment.
TINJAUAN YURIDIS TERHADAP TINDAKAN ABORSI TANPA IZIN (STUDI KASUS PUTUSAN NOMOR 407/PID.SUS/2020/PN JKT.PST) Hafidz Muhammad; PL Tobing
The Juris Vol. 6 No. 2 (2022): JURNAL ILMU HUKUM : THE JURIS
Publisher : Lembaga Penelitian dan Pengabdian kepada Masyarakat STIH Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56301/juris.v6i2.600

Abstract

The issue of abortion is no longer a public secret and is not a taboo subject to discuss. This is because abortions that occur today have become an actual thing and their events can occur anywhere and can be carried out by various groups, whether they are carried out by teenagers who are involved in promiscuity or adults who do not want to be burdened with responsibility and did not want the birth of the baby into this world. The problem in this paper is: What is the legal basis for regulating the crime of abortion in a positive legal perspective? and What are the basic considerations of the Panel of Judges in deciding case Number 407 /Pid.Sus/2020/PN Jkt.Pst. The research method used is a normative research method that focuses on library research to obtain secondary data from legal materials. The normative approach is carried out by reviewing the applicable provisions or laws and regulations. The results of the study show that arrangements related to abortion are regulated in two laws, namely the Criminal Code (KUHP) Articles 299, 346, 347, 348 and 349 and regulated in Law no. 36 of 2009 concerning Health Articles 75, 76.77.
AKIBAT HUKUM WANPRESTASI SERTA UPAYA HUKUM WANPRESTASI BERDASARKAN UNDANG-UNDANG YANG BERLAKU Nur Azza Morlin Iwanti; Taun
The Juris Vol. 6 No. 2 (2022): JURNAL ILMU HUKUM : THE JURIS
Publisher : Lembaga Penelitian dan Pengabdian kepada Masyarakat STIH Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56301/juris.v6i2.601

Abstract

In civil law, regarding agreements, the rights and obligations of the parties to the agreement have been regulated. The party giving the loan is called the creditor and the party receiving the loan is called the debtor. The creditor has the right to achieve, the debtor has the obligation to realize his achievements. However, in reality, the legal relationship between the two creditors and debtors, especially in terms of agreements, often encounters problems, resulting in default. Default itself is an event of failure in which a person does not comply with performance or failure to carry out obligations properly, causing loss to one of the parties concerned. This paper aims to explain what must be done in the event of default in an agreement.
KEDUDUKAN HUKUM ADAT DALAM PENGUATAN PELESTARIAN NILAI-NILAI ADAT DALAM YURISPRUDENSI Ali Aridi; Yana Sukma Permana
The Juris Vol. 6 No. 2 (2022): JURNAL ILMU HUKUM : THE JURIS
Publisher : Lembaga Penelitian dan Pengabdian kepada Masyarakat STIH Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56301/juris.v6i2.602

Abstract

The purpose of this research is to find out how the position of customary law is in the current national legal system and how to strengthen the preservation of customary values ​​in jurisprudence. Through research on normative law it was concluded that customary law is an unwritten rule that lives within the indigenous peoples of a region and will continue to exist as long as the community still fulfills the customary law that has been passed down to them from their ancestors before them. Therefore, the existence of customary law and its position in the national legal system cannot be denied even though customary law is unwritten and based on the principle of legality is an illegitimate law. Customary law will always exist and live in society. Customary law is a law that really lives in the awareness of the conscience of the community which is reflected in the patterns of their actions in accordance with their customs and socio-cultural patterns which are not contrary to national interests. The current era can indeed be called the era of the revival of indigenous peoples which is marked by the birth of various policies and decisions. However, what is equally important is the need for further study and development with its implications for drafting national laws and efforts to enforce applicable laws in Indonesia.
ANALISA FEMINISME DALAM PERSPEKTIF HUKUM STUDI KASUS: PERLINDUNGAN HUKUM TERHADAP PEREMPUAN SEBAGAI KORBAN TINDAK PIDANA PEMERKOSAAN DI LINGKUP HUKUM POLDA METRO JAYA Andika Setyo Nugroho; Amsori
The Juris Vol. 6 No. 2 (2022): JURNAL ILMU HUKUM : THE JURIS
Publisher : Lembaga Penelitian dan Pengabdian kepada Masyarakat STIH Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56301/juris.v6i2.603

Abstract

Legal protection on women as the victim of sexual violence is provided to look after the victim in which her human right was being violated, so that she could be treated with justice according to human right law. This study aisns to a nalyze legal protection effort on woman as the victim of sexual violence eithin polda metrojaya a uthority. This study uses empirical approach. It is a research method which uses empirical facts directly taken from human conducts. It can be taken verbally by interview, direct observation, as well as physical archives. This study found that the efforts given by polda metrojaya towards the victim is only limited to legal protection. The victim does not receive material or on material compensation. As polda metrojaya only has the authority to process and to follow-up report filed by the victim. During investigation, the victim experienced physical and psychological disorder, hence the inability to gave informations and details regarding the sexual violence report. Victim was also unable to recognize the perpetrator as it happened in a secluded and dark place. These conditions caused some obstacles for investigators to further process the report. As there was no other witness than the victim herself, therefore the head of female and children assistance unit (Kanit PPA) worked alongside DP3AP2KB Jakarta and UPTD PPA Polda Metro Jaya to assist and support the victim during the investigation process.
PEMBERATAN PIDANA DALAM TINDAK PIDANA PEMBALAKAN LIAR KETIKA TERJADI BENCANA Surasto
The Juris Vol. 6 No. 2 (2022): JURNAL ILMU HUKUM : THE JURIS
Publisher : Lembaga Penelitian dan Pengabdian kepada Masyarakat STIH Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56301/juris.v6i2.604

Abstract

This study aims to examine and analyze the need for weighting of criminal threats in the crime of illegal logging in the event of a disaster. The legal materials used are primary legal materials collected by taking an inventory of the laws and regulations that are closely related to forestry crimes. Research Results Weighting criminal threats to illegal logging crimes during a disaster is needed on the basis that the general provisions of policies on illegal logging do not yet contain provisions for weighting criminal threats, the impact of repeated illegal logging needs to be the attention of policy makers, and the importance of weighting the criminal threat of illegal logging during disasters , because the deforestation rate is mostly illegal logging, and in order to increase the culture of obedience of business actors and provide a deterrent effect for criminals as well as future criminal policies on illegal logging crimes in the event of a disaster on the consideration that illegal logging is a multi-effect crime. By analogy with the criminal penalties in the regulation of criminal acts of corruption in the form of weighting criminal threats if corruption is carried out on disaster management funds, then in the forestry sector against illegal logging crimes, a policy of criminal penalties against illegal logging carried out during disasters is also formulated.
PENGARUH PANDEMI COVID–19 TERHADAP PELAKSANAAN KONTRAK PENGADAAN BARANG DAN JASA Ariwibowo Dwi Rahmanto; Yasarman
The Juris Vol. 6 No. 2 (2022): JURNAL ILMU HUKUM : THE JURIS
Publisher : Lembaga Penelitian dan Pengabdian kepada Masyarakat STIH Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56301/juris.v6i2.605

Abstract

Countries in the world are now faced with the great challenge of handling the coronavirus outbreak which is officially identified by the World Health Organizations (WHO) as Corona Virus Desease-19. The impact of the Covid-19 outbreak is not only detrimental to health but also affects the economies of countries around the world, including Indonesia. or Covid-19 for short. Business actors, both large and medium scale, have now begun to accommodate. Many companies closed their businesses and factories due to the decline in trade transactions due to lack of buyers and limited exports. In this discussion, it raises problems, namely: How the Covid-19 pandemic affects the Goods/Services Procurement contract and how to position the parties in the goods and services procurement contract related to default. The effect of the Covid-19 pandemic on the procurement contract for goods and services must be seen based on the status of the goods and services procurement contract itself whether it has been implemented or is it still in the initial process. For government goods and services procurement contracts that have been implemented, clauses related to Force Majeure are regulated in Presidential Regulation No.16/2018 concerning Government Procurement of Goods/Services.
PERAN NOTARIS PEMBUAT AKTA KOPERASI DALAM PENCEGAHAN PRAKTIK PINJAMAN ONLINE ILEGAL Raissa Aprilita Limbong; Mohammad Fajri Mekka Putra
The Juris Vol. 6 No. 2 (2022): JURNAL ILMU HUKUM : THE JURIS
Publisher : Lembaga Penelitian dan Pengabdian kepada Masyarakat STIH Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56301/juris.v6i2.606

Abstract

This Paper aims to explore the role of Notary to preventing the practice of Illegal Online Loans. The Cooperative Deed Maker Notary (NPAK) has a role preventing Illegal Loans through the stages of establishing a Cooperative Legal Entity. In practice, Illegal Online Lenders usually use the status as a Savings and Loan Cooperatives on its establishment. Many party who misuse it and against some of the rules based on the establishment of a Cooperative based on Law no. 25 of 1992 concerning Cooperatives. Authority of a Notary under the Law on Notary Positions ("UUJN") is authorized to provide legal counseling in making the Deed of Establishment of Cooperatives. This can be used as a Notary as a forum to verify the parties in their purpose of establishing a Savings and Loans Cooperative.

Page 17 of 55 | Total Record : 544

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