Jurnal Ilmu Hukum The Juris
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.
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<![CDATA[TUNTUTAN HAK DALAM PENEGAKAN HAK LINGKUNGAN (ENVIRONMENTAL RIGHT) ]]>
<![CDATA[Bestian Adha]]>;
<![CDATA[Erwin Syahruddin]]>
<![CDATA[ The Juris Vol. 6 No. 2 (2022): JURNAL ILMU HUKUM : THE JURIS ]]>
Publisher : <![CDATA[Lembaga Penelitian dan Pengabdian kepada Masyarakat STIH Awang Long ]]>
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DOI: 10.56301/juris.v6i2.607
<![CDATA[Claiming rights is a way to obtain protection for the rights of a person or legal entity granted by the court to prevent vigilante action (eigenrichhting). In his life humans choose several rights to defend including: first civil and political rights, second economic and social rights and the third is the right of solidarity or brotherhood. One type of human rights that has not been elaborated on is the right to the environment. Environmental rights are one of the rights that we need to fight for, considering that the environment cannot fight for its own interests because it is inanimate (unable to speak) so that other parties are needed to fight for it. It is necessary to expand access to justice in enforcing environmental law considering that filing rights claims in civil procedural law in Indonesia only relies on the provisions of the Het Herzeine Indonesich Reglement (HIR). such as class action, legal standing and citizen lawsuit. This paper will discuss the different characteristics of each of these rights claims in terms of environmental law enforcement. A class action lawsuit is a mechanism for filing claims for rights filed by representatives of groups fighting for their interests and their groups. An NGO lawsuit or legal standing is a mechanism for filing a lawsuit by an NGO, the lawsuit is filed if it conflicts with the articles of association of the NGO. Citizen lawsuit is a lawsuit filed by one or more citizens on behalf of all citizens addressed to the State.]]>
<![CDATA[KEKUATAN HUKUM KWITANSI SEBAGAI BUKTI JUAL BELI BAWAH TANGAN ATAS SEBIDANG TANAH DALAM PUTUSAN NOMOR 135/PDT.G/2021/PN.PBR ]]>
<![CDATA[Rifka Hidayani]]>;
<![CDATA[Mohammad Fajri Mekka Putra]]>
<![CDATA[ The Juris Vol. 6 No. 2 (2022): JURNAL ILMU HUKUM : THE JURIS ]]>
Publisher : <![CDATA[Lembaga Penelitian dan Pengabdian kepada Masyarakat STIH Awang Long ]]>
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DOI: 10.56301/juris.v6i2.609
<![CDATA[This study aims to analyze the considerations of the District Court judge who granted the lawsuit regarding the validity and value of a receipt as evidence of an underhand sale and purchase of a piece of land and the legal consequences of granting a lawsuit regarding the legality and value of a receipt as evidence of an underhand sale and purchase of a piece of land in Decision Number: 135 /PDT.G/2021/PN.Pbr. The research approach used is normative juridical law research or library research, with descriptive research type. The data analysis method used is qualitative. The results of this study indicate that the consideration of the District Court judge who granted the lawsuit regarding the validity and value of the receipt as evidence of an underhand sale and purchase of a piece of land is that the plaintiff as the buyer has good intentions in the buying and selling process, the basis of the lawsuit is not contrary to the laws and regulations and does not against the law.]]>
<![CDATA[IMPLEMENTASI HUKUM PAJAK DAN PEMUNGUTAN PAJAK BAGI KESEJAHTERAAN SOSIAL RAKYAT INDONESIA ]]>
<![CDATA[Arif Sofiyan Berlianto]]>;
<![CDATA[Taun]]>
<![CDATA[ The Juris Vol. 6 No. 2 (2022): JURNAL ILMU HUKUM : THE JURIS ]]>
Publisher : <![CDATA[Lembaga Penelitian dan Pengabdian kepada Masyarakat STIH Awang Long ]]>
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DOI: 10.56301/juris.v6i2.610
<![CDATA[Taxes are obligatory contributions of individuals or entities to the state as a legal obligation, there is no direct incentive to use them to meet the greatest needs for the prosperity of the people of the nation. To regulate taxation, a tax law is needed, namely a collection of regulations. This regulates the relationship between the government as a tax collector and the public as a tax payer. So that the Government places tax obligations as one of the embodiments of state obligations which are a means of financing the state in national development in order to achieve the goals of the State because most taxes constitute national income. This writing aims to determine the applicable tax collection in Indonesia for the welfare of the people and its implementation according to the applicable tax law to reduce tax problems.]]>
<![CDATA[ANALISIS AKIBAT HUKUM PERCERAIAN TERHADAP HARTA BERSAMA DI PENGADILAN AGAMA SEMARANG (STUDI KASUS PUTUSAN PENGADILAN AGAMA NOMOR 3122 TAHUN 2019) ]]>
<![CDATA[Indra Cahyaning Widhi Siswoyo]]>;
<![CDATA[Arikha Saputra]]>
<![CDATA[ The Juris Vol. 6 No. 2 (2022): JURNAL ILMU HUKUM : THE JURIS ]]>
Publisher : <![CDATA[Lembaga Penelitian dan Pengabdian kepada Masyarakat STIH Awang Long ]]>
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DOI: 10.56301/juris.v6i2.611
<![CDATA[This study aims to determine the legal consequences of divorce on the distribution of joint property and to find out and analyze the judge's considerations in passing a divorce decision on the distribution of joint property. This study uses a normative juridical writing method sourced from literature studies. The writing data presented in the descriptive analysis of this analysis will then be analyzed using qualitative methods. The legal consequences of divorce on the distribution of joint assets are based on the provisions of Law Number 1 of 1974 concerning Marriage, namely in article 37, the Civil Code (KUHPerdata), precisely in articles 126-128. Regarding the Judge's Consideration in Imposing Divorce Decisions on the Distribution of Joint Assets in the case decision Number 3122/Pdt.G/2019/PA.Smg the panel of judges has been fair and observant in looking at the existing series of cases. other than that, the judge's consideration is based on Article 1 letter f of the Compilation of Islamic Law.]]>
<![CDATA[KEKUATAN MENGIKAT PERJANJIAN SECARA LISAN ]]>
<![CDATA[Juliati Br Ginting]]>
<![CDATA[ The Juris Vol. 6 No. 2 (2022): JURNAL ILMU HUKUM : THE JURIS ]]>
Publisher : <![CDATA[Lembaga Penelitian dan Pengabdian kepada Masyarakat STIH Awang Long ]]>
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DOI: 10.56301/juris.v6i2.612
<![CDATA[Agreements are activities that are very commonly carried out by the community to carry out activities related to buying and selling, lending and borrowing, work agreements and other business ventures. Agreements can be made orally and can be made in writing. Oral agreements are usually carried out in indigenous peoples for simple legal ties, while written agreements are usually carried out by relatively modern people who are related to businesses whose legal relations are more complex. The problems to be discussed in this study are the binding strength of an agreement made orally. Therefore this paper also aims to determine the extent to which the binding force of the verbal agreement made by the parties. The method used in this research is the normative method, namely focusing research on legal principles and reviewing and examining written regulations. In terms of knowing the binding power of an agreement made orally. So an oral agreement is an agreement that must be carried out by the parties, because in the verbal agreement the elements of an agreement have been fulfilled. With a strong and clear legal basis, it is hoped that the parties will carry out their rights and obligations according to what has been agreed upon, so that no party feels disadvantaged.]]>
<![CDATA[TINJAUAN YURIDIS TINDAK PIDANA PENYEROBOTAN TANAH ADAT DI KABUPATEN TORAJA UTARA ]]>
<![CDATA[Jenri Ranteallo]]>;
<![CDATA[Yana Sukma Permana]]>
<![CDATA[ The Juris Vol. 6 No. 2 (2022): JURNAL ILMU HUKUM : THE JURIS ]]>
Publisher : <![CDATA[Lembaga Penelitian dan Pengabdian kepada Masyarakat STIH Awang Long ]]>
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DOI: 10.56301/juris.v6i2.614
<![CDATA[Land grabbing is not a new problem that often occurs in Indonesia. Unlawful land grabbing is an unlawful act and can be classified as a criminal act. The formulation of the problem in this study is the regulation of customary land ownership in North Toraja district and legal settlement of criminal acts of land grabbing in North Toraja district. Ownership of customary land is marked by physical possession and recognition as stated in Article 24 paragraph (2) of Government Regulation Number 24 of 1997. Regarding customary land or Toraja indigenous people, it is called tongkonan land. The North Toraja government has ratified Regional Regulation number 1 of 2019 concerning "Recognition and protection of the rights of indigenous peoples" in which the regulation has concretely regulated the system of land tenure and use. There are several stages of legal settlement of customary land grabbing in North Toraja Regency, both within the scope of customary law, namely mediation through the customary institution where the tongkonan land is located and positive law, namely through the courts.]]>
<![CDATA[WANPRESTASI DAN AKIBATNYA DALAM PELAKSANAAN PERJANJIAN ]]>
<![CDATA[Muhammad Riandi Nur Ridwan]]>;
<![CDATA[Yana Sukma Permana]]>
<![CDATA[ The Juris Vol. 6 No. 2 (2022): JURNAL ILMU HUKUM : THE JURIS ]]>
Publisher : <![CDATA[Lembaga Penelitian dan Pengabdian kepada Masyarakat STIH Awang Long ]]>
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DOI: 10.56301/juris.v6i2.616
<![CDATA[Agreement by the parties as a basis for the legal relationship of the agreements that have been approved, which give rise to rights and obligations of the parties. With the expected agreement all of what has been agreed to function normally, but in practice in certain circumstances the exchange of achievement does not always work as it should so that it appears what is called a default. Default is: "A situation where a debtor (debt) does not fulfill or implement the achievements as stipulated in an agreement". A person is declared in default because: Absolutely not meet achievement; achievements which are not perfect; Late meet achievement; and do what is in the agreement are forbidden to do. Default cause problems, such as: When a debtor is declared in default, what the result of a default and how efforts for settlement of default may provide protection for the parties. In order to create what is the purpose of making the agreement, needed a solution that could provide protection for the parties, especially the injured party. In order to create what is the purpose of making the agreement, needed a solution that could provide protection for the parties, especially the injured party.]]>
<![CDATA[TINJAUAN YURIDIS TERHADAP TINDAK PIDANA TANPA IZIN USAHA NIAGA (STUDI KASUS PUTUSAN NOMOR 149/PID.B/LH/2019/PN SRG) ]]>
<![CDATA[Hartono]]>;
<![CDATA[Yusuf M Said]]>
<![CDATA[ The Juris Vol. 6 No. 2 (2022): JURNAL ILMU HUKUM : THE JURIS ]]>
Publisher : <![CDATA[Lembaga Penelitian dan Pengabdian kepada Masyarakat STIH Awang Long ]]>
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DOI: 10.56301/juris.v6i2.617
<![CDATA[Indonesia has so many natural resources. For example, there are gold mines, natural gas, petroleum, coal mines, spices, to the abundant underwater natural wealth. So that strict arrangements or regulations are needed for the protection of the utilization of mining goods in Indonesia. The problem in this paper is: What are the provisions of the article regarding oil and gas trading business permits in law number 22 of 2001 concerning oil and natural gas? And what is the basis for the consideration of the Panel of Judges of the Serang District Court Number 149/Pid.B/LH/2019/PN Srg? 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 research show that as stated in Article 23 paragraph 1 of Law Number 22 of 2001 concerning Oil and Gas, it states that downstream oil and gas business activities can be carried out by business entities after obtaining business licenses from the government. Oil and Gas Business Permits for Downstream Business Activities in the form of Processing Business Permits, Transportation Business Permits, Storage Business Permits, and Trading Business Permits.]]>
<![CDATA[PERLINDUNGAN HUKUM BAGI PENERIMA WASIAT TERHADAP NOTARIS YANG TIDAK MENDAFTARKAN DAN MELAPORKAN AKTA WASIAT ]]>
<![CDATA[Sarah Patricia Rajagukguk]]>;
<![CDATA[Siti Hajati Hoesin]]>
<![CDATA[ The Juris Vol. 6 No. 2 (2022): JURNAL ILMU HUKUM : THE JURIS ]]>
Publisher : <![CDATA[Lembaga Penelitian dan Pengabdian kepada Masyarakat STIH Awang Long ]]>
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DOI: 10.56301/juris.v6i2.618
<![CDATA[One of the powers of a Notary is to be able to make a will as mandated in the UUJN, including making a will before witnesses as regulated in Article 939 paragraph (4) of the Civil Code and making a will without witnesses as regulated in Article 939 paragraph (2) of the Civil Code. A Notary in carrying out a legal action must always act carefully so that the Notary before making a deed must examine all relevant facts in his consideration based on the applicable laws and regulations. The making of a will by a Notary must pay attention to all the provisions regulated or determined in the provisions of the legislation governing the implementation of a will. So that in the future nothing happens that can harm the parties which can then also harm the Notary who made the will. This study focuses on discussing legal protection for will recipients against notaries who do not report a will. This study uses a normative juridical method with a statutory approach and an analytical approach. Legal protection for the beneficiary against a Notary who does not report the list of deeds, namely preventive legal protection and repressive legal protection. If in the making of the will, the requirements and elements have been determined as stipulated in the Civil Code and the Law on Notary Positions, then legal protection for the beneficiary will still exist and reporting is an administrative requirement that must be met.]]>
<![CDATA[RUMAH RESTORATIVE JUSTICE KOTA SAMARINDA SEBAGAI WADAH PEMBERIAN PERLINDUNGAN HUKUM DENGAN PRINSIP NILAI KEADILAN ]]>
<![CDATA[Hendrik Kusnianto]]>
<![CDATA[ The Juris Vol. 6 No. 2 (2022): JURNAL ILMU HUKUM : THE JURIS ]]>
Publisher : <![CDATA[Lembaga Penelitian dan Pengabdian kepada Masyarakat STIH Awang Long ]]>
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DOI: 10.56301/juris.v6i2.619
<![CDATA[The Criminal Justice System in Indonesia originates from Pancasila, because Pancasila as the source of all laws today has undergone many changes. The components that work in the criminal justice sub-system experience a rapid development which is indirectly influenced by the need for a sense of community justice. Guarantees of legal protection and guarantees of equality before the law, which are constitutional rights for every citizen. The form of the presence of the State is also very necessary, especially the government at the City level, the form of presence in question is to enforce the law in the implementation of Restorative Justice itself. The Samarinda City Government cooperates with the Samrinda City District Attorney to form a Restorative Justice House in the area, this is to provide benefits and justice for the community. Restorative Justice is a law enforcement process by taking into account the principles of fast, simple, and low-cost justice, in order to realize the success of prosecution for justice based on law and conscience, including prosecution using a restorative justice approach which is carried out in accordance with the provisions of the legislation.]]>
