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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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HUKUM ADAT DALAM PERKEMBANGAN: PARADIGMA SENTRALISME HUKUM DAN PARADIGMA PLURALISME HUKUM Rizka Fakhrurozi; Erwin Syahrudin
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.v6i2.620

Abstract

The paradigm of understanding customary law and its development must be placed in a large space, by examining extensively: a) Studies that no longer look at the legal system of a country in the form of state law, but also customary law, religious law and customary law; b) Understanding of law (adat) not only understands customary law in traditional communities- rural communities, but also the laws that apply in certain environmental communities (hybrid law or unnamed law); c) Understanding the phenomenon of trans-national law as the law made by multilateral organizations, then there is an interdependence relationship between international law, national law and local law. With a holistic and integrative understanding, the development and position of customary law will be adequately understood. Positively means that customary law is seen as law that comes from the thoughts and ideals of the people. Negatively, customary law is seen from the outside, from its relationship with other laws, both strengthening and weakening and the interaction of state political developments. Positive legal developments mean that customary law will be recognized in society in doctrine, legislation, in jurisprudence and in everyday life. On the other hand, the negative development is how customary law is sidelined and displaced or completely invalidated by their existence positive law represented by the State both in legislation and in court decisions.
PENGEMUDI KENDARAAN BERMOTOR YANG MELANGGAR HUKUM YANG MENIMBULKAN KERUGIAN DAN KECELAKAAN LALU LINTAS YANG DI ATUR DALAM PASAL 1365 KUH PERDATA Rizky Purnomo Aji; Mas Agus Priyambodo
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.v6i2.621

Abstract

Road traffic problems that arise today, especially traffic violations and incidents of traffic accidents, tend to continue to increase which in turn will cause anxiety for road users. Drivers' unlawful acts cause many losses to other parties, so it is only natural that the injured party demands the driver's responsibility to compensate for the loss. This will not cause many problems if the driver is also the owner of his own motorized vehicle. However, in general, drivers of public vehicles such as public transport buses, only have the status of tenants or workers who are in a financial situation unable to pay compensation. So it is not uncommon for the fulfillment of their responsibility to pay compensation not to be commensurate with the losses that have been caused. A driver who commits an unlawful act causing a traffic accident which results in a loss to the victim must compensate for the loss that has committed an unlawful act and causes a loss, then he is obliged to compensate for that loss.
DASAR PERTIMBANGAN MAJELIS HAKIM DALAM MEMUTUS PERKARA TINDAK PIDANA MELAKUKAN USAHA PENAMBANGAN TANPA IZIN USAHA (STUDI KASUS PUTUSAN NOMOR 30/PID.B/LH/2019/PN PTI) Desy Komaria; Arrum Budi Leksono
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.v6i2.622

Abstract

As stated in the relevant law, Mining is part or all of the stages of activity in the context of research, management and exploitation of minerals or coal which includes general investigations, exploration, feasibility studies, construction, mining, processing and/or refining, or development and / or utilization, transportation and sale, as well as post-mining activities. 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 the basis for the consideration of the panel of judges in deciding the case number Decision Number 30/Pid.B/LH/2019/PN Pti is based on the legal facts that were revealed at trial in the form of statements of witnesses, documentary evidence, and the statement of the accused associated with appropriate evidence, the elements in the article as indicted by the public prosecutor, namely Article 158 in conjunction with Article 37 of Law Number 4 of 2009 concerning Mineral and Coal Mining, all of these elements have been fulfilled.
PENYELESAIAN PERSELISIHAN HUBUNGAN INDUSTRIAL DALAM PEMENUHAN HAK PEKERJA YANG DIPUTUS HUBUNGAN KERJA Nur Febya Adhawiyah; Imam Budi Santoso
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.v6i2.623

Abstract

Termination of employment is a common occurrence in the world of work, especially in the industrial sphere where there is a great need for workers, especially laborers or freelancers. Not infrequently of those who have been laid off due to several factors, especially since the Covid-19 virus in Indonesia, it is not only one or two companies that have reduced employees, but many companies have reduced employees. From here, of course, not all of them get the right and proper rights, there are some of them that do not receive their rights as they should.
ANALISA KEBERADAAN MASYARAKAT HUKUM ADAT DI INDONESIA Santriawan Mangumpaus; 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.v6i2.624

Abstract

The existence of Indigenous Peoples (MHA) is recognized and respected by the State through Article 18B of the 45 Constitution. therefore the government is obliged to protect the existence of indigenous peoples. However, the development of today's modern society has even negated the existence of indigenous peoples. The existence of massive population movements and land titling causes individualism to undermine the existence of indigenous and tribal peoples. Therefore, this research will answer whether the existence of MHA still needs to be protected by the government or does it have to change according to the times. Many regulations were launched to regulate MHA, which aims to protect MHA but these regulations by many observers still do not support the protection of MHA. The research method used is normative juridical research, which is a method that is carried out by examining library materials. From the various problems in the research area, it can be concluded that the existence of MHA will gradually become extinct. Article 18 B in the 1945 Constitution already implies the extinction of MHA with the clause "... as long as they are still alive and in accordance with the principles of a unitary state". Therefore the government's protection of MHA is in preparing MHA human resources to face changing times, especially the younger generation.
PERAN KEPALA DAERAH BERDASARKAN UU NO.32 TAHUN 2004 TERHADAP KEMAJUAN DI KOTA SEMARANG Ansyahri Darma Tri Jati; Dyah Listyorini
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.v6i2.625

Abstract

This research is entitled The Role of Regional Heads Based on Law No. 32 of 2004 on Progress in Semarang City with the problems (1) What is the role of regional heads on regional progress in Semarang City? (2) What are the impacts of progress and obstacles for regional heads in the city of Semarang? This study uses a qualitative approach that is descriptive analysis with normative juridical methods, namely by using research materials from secondary data collected through library studies, in addition to field research by the author through interviews with West Semarang District employees. The conclusion of this research is (1) The role of the Regional Head is very important to implement Law No. 32 of 2004, especially in the sector of regional autonomy and development for the progress of the city of Semarang itself (2) Let's always maintain and monitor so that the region is always full of activities to improve the efficiency of local government services that are oriented to the community itself and to realize people's welfare and increase human resources through creative and innovative activities. (3) Encouraging the emergence of independence driven by creativity and innovation by optimizing various potential sources, both human resources and natural resources, which will greatly support and enhance national development within the framework of the Unitary State of the Republic of Indonesia. (4) Improving the efficiency of government administration through a harmonious relationship between the regional government and the central government as well as the DPRD as well as the community to create a synchronous management system relationship.
IMPLEMENTASI UNDANG-UNDANG NOMOR 22 TAHUN 2009 TENTANG LALU LINTAS DAN ANGKUTAN JALAN DI WILAYAH HUKUM KABUPATEN SEMARANG Dimas Surya Guritno; 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.v6i2.626

Abstract

Every motorized vehicle that is operated and/or used on the highway must meet all technical requirements and roadworthiness requirements as stipulated by Law No. 22 of 2009 concerning Road Traffic and Transportation. The objectives of this study are to: 1) examine more deeply the implementation of Law No. 22 of 2009 concerning Road Traffic and Transportation on roadworthiness tests for public transportation vehicles in the jurisdiction of Semarang Regency, 2) Knowing the obstacles related to Implementation of Law No.22 of 2009 concerning Road Traffic and Transportation on roadworthiness tests in the jurisdiction of Semarang Regency. This type of research is field research and uses a normative juridical approach in obtaining data, where a normative juridical approach is carried out based on the main legal material by examining the concepts, principles, and legal theories as well as legislation related to the Act. Law No.22 of 2009 concerning Road Traffic and Transportation in the jurisdiction of Semarang Regency. The results of this study obtained a conclusion that: The implementation of Law No. 22 of 2009 concerning Road Traffic and Transportation on roadworthiness tests for public transport vehicles is in accordance with the provisions contained in Article 54 paragraph (3) regarding KIR testing of public transport vehicles. in the jurisdiction of Semarang Regency too has been implemented using a smart card where the implementation of a smart card is a substitute for a test book which is a policy of the Central Government through the Ministry of Land Transportation program.
PERLINDUNGAN HUKUM TERHADAP ORANG DENGAN GANGGUAN JIWA YANG TERLANTAR DI RUMAH SINGGAH Della Syahbana
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.v6i2.627

Abstract

That the legal protection for the handling of people with neglected mental disorders is not yet maximized to get a sense of security to be returned to the family and community environment after receiving health rehabilitation treatment at the Shelter and being declared cured or healthy to carry out their social functions, which they should get in order to achieve optimal mental health. The research carried out in this thesis research is normative legal research, where research examines from the point of view of legal science in depth the established norms which are then supported by additional data in the field. Legal protection for people with mental disorders who are abandoned in halfway houses is essentially everyone has the right to get legal protection. This is stated in Article 28 D paragraph (1) of the 1945 Constitution of the Republic of Indonesia which states that everyone has the right to recognition, guarantee, protection and fair legal certainty and equal treatment before the law. Actions in handling people with neglected mental disorders that are carried out in handling people with abandoned souls carried out by the Social Service are sent to the social rehabilitation center. For Satpol PP, the action is to bring order to the streets and say that people with mental disorders are displaced by the Social Service program. This means that there is no unified action between institutions in handling people with neglected mental disorders.
TINJAUAN YURIDIS TERHADAP TINDAK PIDANA BERITA HOAX PENYEBARAN KEBENCIAN Muhammad Feby Andreawan; Safik Faozi
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.v6i2.628

Abstract

This study describes the formulation of the problem. The data analysis technique used in this study consists of a deductive comparative analysis that begins with a general statement that is known to exist and ends with a more specific conclusion. From the results of the examination, Law Number 19 of 2016 which regulates Electronic Information and Transactions was born, namely Article Articles 27, 28 and 29, Dissemination of Fake News. Criminal liability for perpetrators of spreading fake news can be punished based on the elements as referred to in Article 28 of Law Number 19 of 2016 concerning Digital Information and Electronic History, namely Article 28(1). The suspect can be sentenced/punished with a maximum imprisonment of 6 years and/or up to 1,000,000,000 (billion rupiah) for the fine. The public for the proposed law in Indonesia to allow the government to eradicate fake news that circulates freely on various social media channels, especially Facebook. For the sake of the people, I hope that the Indonesian people will be smarter in choosing and categorizing all the news that appears on social media today.
PENERAPAN PIDANA TERHADAP ALIH FUNGSI LAHAN PERTANIAN PANGAN BERKELANJUTAN DI KABUPATEN BANJAR Rico Husen 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.v6i2.629

Abstract

Banjar Regency has enacted Regional Regulation No. 9 of 2012 concerning Protection of Sustainable Food Agricultural Land, and Regional Regulation No. 4 of 2021 concerning Spatial Planning of Banjar Regency in 2021-2041. At the provincial level, South Kalimantan has enacted the Provincial Regulation Number 2 of 2014 concerning the Protection of Agricultural Land for Sustainable Food Crops. This research uses empirical juridical research or empirical sociological legal research. The criminal enforcement of the conversion of agricultural land for sustainable food in Banjar Regency is actually the Regional Government has protected agricultural land by issuing various regulations. The inhibiting factor in enforcing the criminal conversion of agricultural land in Banjar Regency is that the shrinkage of production centers is difficult to prevent because the distance of land that can be converted to non-food areas in the Regional Spatial Plan (RTRW) of South Kalimantan Province from the national road is 1,250 meters due to the lack of witness participation. Regional Spatial Planning that is valid for 20 years but can be reviewed which can be reviewed every 5 (five) years The need for synergy between local governments through agencies related to law enforcement officers in law enforcement, especially criminal law enforcement in order to provide a deterrent effect in order to stem the strong activity of conversion of agricultural land from food to non-food, in order to maintain food security in the region and even nationally.

Page 19 of 55 | Total Record : 544

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