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[KEPASTIAN HUKUM PENYELESAIAN SENGKETA MEDIS YANG BERKEADILAN ]]>
<![CDATA[I Putu Harry Suandana Putra]]>;
<![CDATA[Ni Putu Yuliana Kemalasari]]>
<![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.v6i2.664
<![CDATA[Article 14 of Law Number 29 of 2004 concerning Medical Practice states that the Indonesian Medical Discipline Honorary Council (MKDKI) is the body authorized to determine whether doctors and dentists have made mistakes in the application of medical and dental disciplines and to impose sanctions. This provision indicates that any medical dispute appears to be resolved through the Indonesian Medical Discipline Honorary Committee. However, the current medical dispute settlement through MKDKI is not in accordance with the principle of impartiality, as seen from the process of resolving medical disputes which takes a long time and may not necessarily be executed, including whether the applicant/patient won the case in the Indonesian Medical Discipline Honorary Council (MKDKI) session. What is the legal certainty of equitable medical dispute resolution? And how to realize a just MKDKI decision? The research method is carried out in a normative juridical manner. The results of the study show that justice can be obtained through civil lawsuits, either unlawful acts or defaults on the implementation of therapeutic agreements between patients and doctors in district courts. Legal certainty will be realized if medical dispute resolution arrangements are formed. Meanwhile, the applicant/patient in resolving medical disputes using the MKDKI mechanism, in this case between the patient and the doctor, has not received justice because the MKDKI decision does not contain an unlawful act clause, but rather the application of medical science to patients.]]>
<![CDATA[EDUKASI PEMAHAMAN TENTANG PEMINJAMAN SERTIFIKAT TANAH ]]>
<![CDATA[Padma D. Liman]]>;
<![CDATA[Birkah Latif]]>;
<![CDATA[Dara Indrawati]]>;
<![CDATA[Anhar Aswan]]>;
<![CDATA[Maria Deriana Rosari Putrina Naha]]>
<![CDATA[ The Juris Vol. 6 No. 1 (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.v6i1.670
<![CDATA[Legal actions that simply want to hand over the right to enjoy land to other parties often turn into transfers of rights without the owner of the rights realizing it. In practice, it often happens that the owner of the right only wants to lend his land certificate to someone because the land owner knows the person and the borrower asks the land owner to help him by lending his land certificate. There are times when the borrower gives a certain amount of money to the owner of the right to want to lend the certificate. It is also common for the borrower of the certificate to explain to the owner of the certificate the reasons for borrowing the landowner's certificate. Generally, the reason for borrowing landowner certificates is to use them as collateral for credit agreements, both for credit agreements at banks and credit agreements with individuals. In such circumstances, if the owner of the right wants to help the borrower, the certificate is handed over to the borrower. In the understanding of the right owner, after a certain period of time has passed in which, they have agreed with the borrower, the borrower will return the certificate. Since the Borrower of the land certificate does not clarify the intent and purpose of borrowing the certificate to be used as collateral and if circumstances occur beyond the existence of the loan, this must be conveyed to the Owner of the certificate so that the owner of the certificate is aware of circumstances that could occur. For this reason, it is necessary to have Legal Counseling related to education on an understanding of borrowing land certificates so that it can avoid land disputes or disputes from the start.]]>
<![CDATA[PERLINDUNGAN KONSUMEN YANG DIRUGIKAN OLEH PELAKU USAHA BERDASARKAN UNDANG-UNDANG NOMOR 8 TAHUN 1999 TENTANG PERLINDUNGAN KONSUMEN ]]>
<![CDATA[Mohd. Yusuf D.M.]]>;
<![CDATA[Dedy Siswanto]]>;
<![CDATA[Alam Karta]]>
<![CDATA[ The Juris Vol. 6 No. 1 (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.v6i1.671
<![CDATA[This law on consumer protection has indeed been issued but in the process of implementation or application of the law itself it has not been maximized or in other words the existing regulations in the law are not in accordance with reality. In several cases, violations were found which were detrimental to consumers, which of course were related to the responsibility of producers (business actors) at levels that were considered to endanger the health and even the lives of consumers. The condition of consumers who suffer a lot of losses requires increased efforts to protect them, so that their rights can be upheld. But on the other hand, this protection must also protect the existence of producers who are very essential in the country's economy. Therefore, we need legislation that can protect both parties. This consumer protection issue will never run out and will always be the subject of discussion in society. As long as there are still many consumers who are harmed, the problem will never be resolved. Therefore, it is necessary to pay attention to the issue of consumer protection. The formulation of the problem in this study is the protection of consumers who are harmed by business actors based on Law No. 8 of 1999 concerning consumer protection. The method used is normative legal research. Based on the results of the study it is known that consumer protection is harmed by business actors based on Law Number 8 of 1999 concerning consumer protection that consumers are all users of goods and/or services available in society, both for their own interests, family, other people, and other living things and not for trade.]]>
<![CDATA[PENYELESAIAN HUKUM MELALUI RESTORATIF JUSTICE TERHADAP TINDAK PIDANA DARI ASPEK SOSIOLOGI HUKUM ]]>
<![CDATA[Mohd. Yusuf D.M.]]>;
<![CDATA[Fernando Manurung]]>;
<![CDATA[Rubenjos Soros Sipayung]]>;
<![CDATA[Muhammad Adri]]>
<![CDATA[ The Juris Vol. 6 No. 1 (2022): JURNAL ILMU HUKUM : THE JURIS ]]>
Publisher : <![CDATA[Lembaga Penelitian dan Pengabdian kepada Masyarakat STIH Awang Long ]]>
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<![CDATA[Restorative justice can be interpreted as the restoration of justice for victims and perpetrators of crimes. This definition developed after being included in the criminal justice system, so that its meaning becomes a systematic settlement process for criminal acts that emphasizes recovery for losses to victims and or society as a result of the perpetrator's actions. In this settlement process involving victims and perpetrators directly and actively. The formulation of the problem in this study is Legal Settlement Through Restorative Justice Against Criminal Acts from the Aspect of Legal Sociology. The method used is normative legal research. Based on the results of the study it is known that legal settlement through restorative justice for criminal acts from the sociological aspect of law that the principle of restorative justice is an alternative settlement of criminal cases, which in the mechanism (criminal justice procedures) the focus of the crime is changed to a process of dialogue and mediation. Dialogue and mediation in restorative justice involve several parties including perpetrators, victims, families of perpetrators or victims, and other related parties. In general, the purpose of the legal settlement is to create an agreement on the settlement of criminal cases. In addition, another goal of restorative justice is to obtain a fair and balanced legal decision for both victims and perpetrators. The main principle in restorative justice is law enforcement which always prioritizes restoration to its original state, and restores patterns of good relations in society. Sociology of law is a branch of science that analytically and empirically analyzes or studies the interrelationships between law and other social phenomena. By studying legal sociology, there are at least three uses or benefits that can be obtained, namely providing the ability to understand law in a social context; provide the ability to analyze the effectiveness of law in society and provide the ability to conduct an evaluation (assessment) of the law in society.]]>
<![CDATA[PENYELESAIAN HUKUM TERHADAP PENCEMARAN NAMA BAIK MELALUI MEDIA SOSIAL BERDASARKAN UNDANG-UNDANG INFORMASI TRANSAKSI ELEKTRONIK ]]>
<![CDATA[Mohd. Yusuf D.M.]]>;
<![CDATA[Ermanto]]>;
<![CDATA[Cecep Sujapar]]>
<![CDATA[ The Juris Vol. 6 No. 1 (2022): JURNAL ILMU HUKUM : THE JURIS ]]>
Publisher : <![CDATA[Lembaga Penelitian dan Pengabdian kepada Masyarakat STIH Awang Long ]]>
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<![CDATA[Defamation can also be interpreted as the act of someone who intentionally makes the person's good name or reputation become tarnished or bad, causing a bad view of other people towards that person who was originally good and already known by many people to be damaged or not good. again in the public eye. Defamation is included in the complaint offense case. Because a person who feels his reputation has been tarnished or tarnished because of the negative treatment of another person can file a lawsuit in a civil court and if the reporting party wins, he can ask for compensation and get it, imprisonment can also be applied to the party who committed the defamation. The formulation of the problem in this study is the Legal Settlement of Defamation Through Social Media Based on the Electronic Transaction Information Law Number 19 of 2016 concerning Amendments to Law Number 11 of 2008 concerning Electronic Transaction Information. The method used is normative legal research. Based on the results of the study it is known that the legal settlement of defamation through social media is based on the Electronic Transaction Information Law Number 19 of 2016 concerning Amendments to Law Number 11 of 2008 concerning Electronic Transaction Information that defamation is an act of cyber crime or cybercrime which is regulated in the Criminal Code, articles 310 to 321 and also regulated in Article 27 paragraph (3) of Law Number 11 of 2008. Defamation is an act of spreading information that is not true and is usually in the form of slander against someone who has a bad impact on that person, the person whose name is defamed can complain about this for defamation and the person who committed the defamation can be punished by imprisonment and paying a fine. Defamation is a complaint offense, because it can only be said to be defamation if someone who feels his name has been defamed reports it to the authorities.]]>
<![CDATA[LEGAL PROTECTION OF INDONESIAN CITIZENS WHO CONDUCT MARRIAGE WITH FOREIGN CITIZENS RELATED TO THE ACQUISITION OF LAND RIGHTS ]]>
<![CDATA[Sisi Widya Putri]]>;
<![CDATA[Ismail Ismail]]>
<![CDATA[ The Juris Vol. 7 No. 1 (2023): JURNAL ILMU HUKUM : THE JURIS ]]>
Publisher : <![CDATA[Lembaga Penelitian dan Pengabdian kepada Masyarakat STIH Awang Long ]]>
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DOI: 10.56301/juris.v7i1.779
<![CDATA[The official bond in marriage between Indonesian citizens and foreign nationals is sustained through direct interactions. The union of Indonesian citizens and foreign citizens in Indonesia is commonly referred to as Mixed Marriages. The present study employs a normative juridical research approach, specifically relying on library law research or secondary data, which draws upon primary, secondary, and tertiary legal sources. The study employed a research methodology that incorporated the use of statutory, conceptual, and case-based approaches. The process of collecting legal materials involved the identification and inventorying of advantageous legal regulations, literary publications, academic journals, and other relevant sources of legal information. The analysis of legal materials is conducted through the application of grammatical and systematic interpretation techniques. The research findings indicate that the implementation of legal regulations pertaining to land rights in mixed marriages without a marriage agreement has undergone changes following the ratification of Constitutional Court Decision Number 69/PUU-XIII/2015. This has resulted in modifications to the provisions outlined in Article 29 paragraphs (1) to (4) of The Marriage Law, which now offer legal protection to Indonesian citizens who engage in mixed marriages with foreigners and seek to obtain land rights. Specifically, in the absence of a marriage agreement, such a union can lead to the creation of joint assets. It is advisable for couples who engage in cross-cultural marriages to establish a matrimonial agreement that outlines the division of property between spouses. It is also important for Indonesian citizens to adhere to the legal provisions and regulations pertaining to such agreements, and to ensure that they have secured property ownership rights, particularly with regards to land]]>
<![CDATA[SENGKETA JUAL BELI TANAH BERSTATUS SURAT KETERANGAN TANAH: KEDUDUKAN HUKUM DAN PENYELESAIANNYA DALAM REGULASI HUKUM POSITIF DAN HUKUM ADAT DAYAK ]]>
<![CDATA[Ahmad Setiawan]]>;
<![CDATA[Agus Mulyawan]]>;
<![CDATA[Nuraliah Ali]]>
<![CDATA[ The Juris Vol. 7 No. 1 (2023): JURNAL ILMU HUKUM : THE JURIS ]]>
Publisher : <![CDATA[Lembaga Penelitian dan Pengabdian kepada Masyarakat STIH Awang Long ]]>
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DOI: 10.56301/juris.v7i1.780
<![CDATA[Disputes over land occur in almost every region in Indonesia. One of the cases of legal problems in the field of buying and selling land is the dispute over the sale and purchase of land with the status of a land certificate with overlapping ownership. Dispute resolution methods are litigation or through court and non-litigation or outside the court such as through Nganju Dayak customary law. This study aims to examine how the legal position of land ownership certificates (SKT) is in the perspective of positive law in Indonesia and how to resolve it according to the Adat law of the Dayak Ngaju of Central Kalimantan. This type of research is empirical juridical legal research. The types or sources of data used are primary data and secondary data. The research instruments used were interviews and library research. Data obtained based on library research and field data were analyzed by qualitative descriptive analysis. The position of SKT is based on positive law in Indonesia as stated in Article 76 paragraph (3) Permenag No.3/1997, a certificate of rights does not meet the requirements to be considered a statement of physical ownership of a land parcel if it does not fulfill the six specified conditions. Land which is based only on HCS ownership, does not have sufficiently strong evidence of ownership of the land and is directed to increase the legality of ownership certificates or SHM as proof of ownership that is authentic and legal with legal certainty. Settlement of land sale and purchase disputes based on customary law of the Dayak Nganju through Kedamangan Jekan Raya is pursued by prioritizing the peace process and prioritizing the principle of kinship, the decision does not cause resentment and dissatisfaction, without resentment which ends in the breakup of good relations between the two.]]>
<![CDATA[TELAAH TERHADAP AKTIVITAS PERTAMBANGAN YANG BERDAMPAK PADA LINGKUNGAN HIDUP DI INDONESIA DILIHAT DARI SUDUT PANDANG ANALYSIS ECONOMIC OF LAW ]]>
<![CDATA[Ida Kurniasih]]>
<![CDATA[ The Juris Vol. 7 No. 1 (2023): JURNAL ILMU HUKUM : THE JURIS ]]>
Publisher : <![CDATA[Lembaga Penelitian dan Pengabdian kepada Masyarakat STIH Awang Long ]]>
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DOI: 10.56301/juris.v7i1.801
<![CDATA[The Indonesian government believes that the structure and modus operandi of the domestic and international mining industry has changed dramatically and that it is necessary to address the changes. Correspondingly, mining activities will always have tensions that have local and global impacts, especially related to the environment. So this research seeks to examine the availability of regulations on mining activities that have an impact on the environment in Indonesia by using economic analysis of law. This research is a normative legal research. The results found that using the principles of economic analysis of law to study the regulation and management of mining activities can achieve a balance between environmental protection and economic efficiency. Some principles that can be used in this analysis include: a) use of economic instruments; b) cost-benefit analysis; c) imposition of sanctions and incentives; d) evaluation of risks and impacts; and e) involving related parties. In this context, mining legal norms are one of the sectoral laws in the field of environment that are used to integrate environmental protection in an effort to achieve sustainable and environmentally sound mining governance, with the aim of supporting the sustainability of human life and living things.]]>
<![CDATA[PERLINDUNGAN PATEN BAGI PEMOHON ASING ATAS INVENSINYA ]]>
<![CDATA[Pratiwi Citra Kurnia Wilujeng]]>;
<![CDATA[Djumadi]]>;
<![CDATA[Yulia Qamariyanti]]>
<![CDATA[ The Juris Vol. 7 No. 1 (2023): JURNAL ILMU HUKUM : THE JURIS ]]>
Publisher : <![CDATA[Lembaga Penelitian dan Pengabdian kepada Masyarakat STIH Awang Long ]]>
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<![CDATA[The objectives to be achieved in the writing of the thesis are to analyze and criticize patent protection against foreign inventions in laws and regulations and to analyze and criticize the juridical consequences for patent applicants as well as how to apply for patents abroad, procedures and patent registration flows. In writing this thesis, the author uses research with a type of normative legal research with the nature of research, namely prescriby of a study that aims to get suggestions on what to do to overcome certain problems. Legal materials in the form of primary and secondary legal materials obtained from literature studies. Processing and analysis of legal materials is carried out by analyzing deductive to inductive legal materials. From the results of the study there is a conclusion that is. First. The existence of patent protection for foreign inventions to provide a sense of comfort, security and increase foreign investors investing in Indonesia. As well as to increase economic growth, open jobs for people in Indonesia and open new areas that were initially isolated into open, developing, developed and increasing foreign inventions. Second. Juridical consequences for foreign applicants with some changes to the applicable regulations aimed at opening up broad employment for the people of Indonesia.]]>
<![CDATA[PRINSIP KEADILAN DALAM PELAKSANAAN PERATURAN DI BIDANG KETENAGALISTRIKAN TERHADAP PIHAK SWASTA DALAM USAHA PENYEDIAAN TENAGA LISTRIK ]]>
<![CDATA[Suryani]]>
<![CDATA[ The Juris Vol. 7 No. 1 (2023): JURNAL ILMU HUKUM : THE JURIS ]]>
Publisher : <![CDATA[Lembaga Penelitian dan Pengabdian kepada Masyarakat STIH Awang Long ]]>
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DOI: 10.56301/juris.v7i1.820
<![CDATA[Article 33 paragraph (2) and paragraph (3) of the 1945 Constitution of the Republic of Indonesia regulates guarantees for the exploitation of electricity supply which is controlled by the state which is used for the maximum prosperity of the people. However, in an effort to increase the country's ability to supply electricity, the government provides opportunities for private business entities, cooperatives and non-governmental organizations to participate in the electricity supply business. Problems arise when there is a PT PLN (Persero) policy that limits the rights of private actors in supplying electricity. The problem in this study is how is the principle of justice in the implementation of regulations in the electricity sector towards private parties in the business of providing electricity? The research method used is normative juridical. The results of the study reveal that the principle of justice in the implementation of regulations in the electricity sector towards private parties in the business of supplying electricity is contrary to the principle of distributive justice. The actions of PT PLN (Persero) regarding making it difficult for the installed power capacity of the development of rooftop PLTS to a maximum of 15% in several regions are inseparable from the Indonesian ideology which is based on nationalist understanding which is more concerned with domestic interests. If PT PLN (Persero) could pay attention to the Constitutional Court Decision Number 111/PUU-XIII/2015 which states that the phrase "state control" accommodates the Constitutional Court not in the sense that the state owns it, but in the sense that the state only formulates it including regulatory aspects (regelendaad) , management (bestuursdaad), management (beheersdaad), and supervision (toezichthondensdaad).]]>
