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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 514 Documents
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DISPARITAS HAK-HAK PROFESI SECURITY YANG TERIKAT PERJANJIAN KERJA WAKTU TERTENTU Sudibyo Aji Narendra Buwana; Dahri Haji Dahlan; Hardi Fardiansyah; Nanda Dwi Rizkia
The Juris Vol. 7 No. 2 (2023): 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.v7i2.956

Abstract

Workers' rights are one of the human rights. The type of research used by researchers in this study is empirical-juridical. The research approach used is empirical. Data collection techniques using in-depth interviews and observation All primary and secondary data in this study were collected and analyzed qualitatively. The results of his research show that there is a disparity in the rights of women workers. The conclusion is that the disparity in the rights of the security profession that is bound by fixed time work agreement that has been fulfilled at PT Jaguar Inti Perkasa is the provision of wages based on the city minimum wage, the provision of Holy Day Allowance rights, menstrual/menstrual leave rights, maternity leave rights, miscarriage leave rights, annual leave rights, permission to leave work with get wages, the right to occupational safety and health, the right to get the benefits of Institution of Social Security employment, the right to guarantee health care; While the disparity in the rights of workers bound by fixed time work agreements that have not been fulfilled is that they have not been given fixed time work agreement compensation money, there are no private regulations contained in company regulations governing the right to special facilities at certain hours for women workers, there are no provisions governing shift work hours for women workers, and there is no specific provision that regulates that women workers whose children are still breastfeeding must be given proper opportunities to breastfeed their children.
PERLINDUNGAN TERHADAP HAK RESTITUSI KORBAN TINDAK PIDANA PENIPUAN TERKAIT DISPARITAS PENERAPAN RESTITUSI OLEH PENGADILAN Rachmat Harijanto; Timbo Mangaranap Sirait
The Juris Vol. 7 No. 2 (2023): 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.v7i2.959

Abstract

There are implementation problems due to the regulation of victim restitution, but some weaknesses can cause implementation problems. The purpose of this research is to examine money laundering restitution agreements and measures to protect and fulfill victims' restitution requests in Decision 1/PID.SUS/2023/PT.BDG. This research was conducted using the normative legal method. This research uses a legal approach based on relevant laws and regulations, a conceptual approach based on recognized legal theories and concepts, and a case study approach on cases relevant to this research. From the study results, it is concluded that there is ambiguity in the law's reimbursement regime which raises doubts about its application among law enforcement officials. This may result in victims failing or claims for damages being rejected. Moreover, in Decision No. 1/PID.SUS/2023/PT.BDG, the role of the judge and prosecutor is very important so that the defendant is willing to pay compensation. Even if the victim is reluctant to ask for restitution, the judge or prosecutor can ask the defendant to pay the victim.
PELAKSANAAN PENGAWASAN PELAYANAN PUBLIK OLEH OMBUDSMAN Sri Hariati
The Juris Vol. 7 No. 2 (2023): 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.v7i2.969

Abstract

This research aims to determine the implementation of public service monitoring by the ombudsman. The Ombudsman is an independent institution that receives and investigates complaints from victims of public maladministration. Several problem formulations will be discussed, including How the Public Service Administration System is and what is the position of the Ombusdman in the Constitutional System of the Republic of Indonesia. The method used is normative-empirical legal research. Public services according to the Public Service Law include public goods and public services and administrative services regulated in statutory regulations. Article 2 Law no. 37 of 2008 emphasizes that the position of the Ombudsman is a state institution that is independent and does not have organic relationships with other state institutions and government agencies, and in carrying out its duties and authority is free from interference from other powers.
TANGGUNGJAWAB RUMAH SAKIT TERHADAP PENGAMBILAN DAN PENYEBARLUASAN GAMBAR DIRI PASIEN YANG MELANGGAR KESUSILAAN Nitro Galenso; Dian Kurniasari Yuwono
The Juris Vol. 7 No. 2 (2023): 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.v7i2.972

Abstract

Prioritizing patient privacy is a characteristic of Hospital services. However, sometimes, it is violated intentionally or unintentionally. The violation act is such as taking the image of a patient in a certain unethical condition without the patient's consent. This study is a law normative study with a statuta approach, held in August 2023. It aims to analyze the laws and regulations related to the Government's responsibility to provide safety and patient privacy in hospital services. The spreading of unethical patients' self-images shows that the implementation of related laws and regulations needs to be improved. The recording/photographing of patients is the Hospital's responsibility by the Act/Law No. 17 of 2023, which points out the patient's/family's/Hospital's consent and the Health Ministerial Regulation no.24, 2016 on technical requirements for hospital buildings and infrastructure that divide privacy zones of patient service. Meanwhile, distributing/spreading unethical images of the patients through media is the responsibility of a person/party in accordance with act/law no. 19 of 2016 on the amendment to act/law no. 8 of 2008 on information and electronic transactions. If these laws and regulations were implemented optimally by all parties, the chance of recording/photographing patient in unethical conditions without their consent or violating their privacy, could be prevented. Implementations of related laws and regulations should be conducted of all parties. Regarding this matter, Hospitals’ responsibilities are providing information, education, forbidden signs, and security guarantees to the patient and their family.
IMPLEMENTASI PEMBAYARAN NAFKAH ANAK PASCA PERCERAIAN DI KABUPATEN KUTAI TIMUR KALIMANTAN TIMUR Luqman Hariyadi; Darmawati; Salehudin
The Juris Vol. 7 No. 2 (2023): 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.v7i2.973

Abstract

The purpose of this research is to understand and analyze the implementation of child support payments post-divorce in Kutai Timur Regency, East Kalimantan Province. The research method used is a field study with a normative-empirical approach. Primary data sources were gathered through interviews with the Chief of the Religious Court in Sangatta, judges, child support claimants, and other relevant parties. The results of this research indicate that child support payments after the dissolution of marriage in the jurisdiction of the Religious Court in Sangatta are still not functioning properly. This is due to the economic incapacity of the fathers and negligence on the part of fathers in providing post-divorce child support.
PERLINDUNGAN HUKUM BAGI KONSUMEN AKIBAT PERIKLANAN PRODUK KOSMETIK Resti Riancana; Nur Moh. Kasim; Fence M. Wantu
The Juris Vol. 7 No. 2 (2023): 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.v7i2.1023

Abstract

This article aims to determine consumer protection due to misleading cosmetic product advertisements also about influencer liability due to advertising cosmetic products that do not match the truth. The method in this study is a normative legal research method, with legal and a conceptual approach. The analysis technique is qualitative analysis technique by reviewing laws and regulations and analyzing them. The result of this study is that the state has regulated consumer protection in terms of misleading cosmetic advertisements, but the position of influencers has not been clearly regulated in Indonesian law. So in demanding accountability and to protect consumer rights, the rules are still unclear.
EFEKTIVITAS PROGRAM BIMBINGAN PERKAWINAN DI KOTA SAMARINDA Firmansyah; Lilik Andaryuni
The Juris Vol. 7 No. 2 (2023): 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.v7i2.1033

Abstract

Research on the Effectiveness of Pre-Marital Counseling Programs in Samarinda City through field research methods delineates the pivotal role of this program in preparing prospective couples for marriage and establishing a harmonious family. The research conducted in Samarinda City allowed for data collection from pre-marital counselors and prospective couples who participated in this program. The results indicate the program's success in enhancing the physical, mental, and spiritual readiness of prospective couples. Various teaching methods such as lectures, group discussions, case simulations, and personal counseling sessions provide in-depth insights into various aspects of marriage, practical skills, and relevant spiritual values. However, the evaluation identified several challenges that need addressing, such as improving program accessibility, ensuring consistent implementation, accommodating diverse group needs, and ongoing evaluations. Nonetheless, the pre-marital counseling program in Samarinda City significantly contributes to comprehensively preparing prospective couples, including in knowledge, skills, and legal preparations. Thus, this study underscores the importance of ongoing evaluation and program adaptation to enhance its effectiveness. This supports the development of a more responsive and inclusive program, offering greater benefits to prospective couples as they prepare for married life.
TINJAUAN YURIDIS TENTANG PERLINDUNGAN HUKUM KEPADA KARYAWAN TERKAIT WANPRESTASI DALAM PERJANJIAN KERJA WAKTU TERTENTU Khairul Habibi; Arikha Saputra
The Juris Vol. 7 No. 2 (2023): 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.v7i2.1038

Abstract

The default case that occurred at PT Thania Indo Jaya against 2 (two) employees out of a total of 4 (four) employees with a Specific Time Work Agreement (PKWT) who was laid off due to the co-19 pandemic, namely not giving compensation rights to these employees. In this case, the Government is consistent in maintaining PKWT by issuing Perpu Number 2 of 2022 and Government Regulation Number 35 of 2021. The purpose of this study is to determine legal protection for PKWT employees at PT. Thania Indo Jaya Semarang and PKWT arrangements in laws and regulations, legal consequences in the event of default between the Company and employees. This study uses a type or type of normative juridical study. Data collection techniques are carried out through interviews, observation and documentation studies. The results of the study show that legal protection for PKWT employees at PT. Thania Indo Jaya Semarang is in the form of employment social security for employees, except for employees who are still apprentices, where employees who are still apprentices only get guarantees from the funeral service, provide work clothes and work tools, and form a P2K3 team. PT Thania Indo Jaya Semarang has committed a crime (default), so that it can be subject to a maximum imprisonment of 4 (four) years and/or a maximum fine of Rp. 400,000,000;- (four hundred million rupiah). Legal consequences if there is a default in the work agreement, which in the cancellation of the agreement is regulated in Articles 1451 and 1452 KUHP.
REHABILITASI PEMULIHAN NAMA BAIK DEBITOR PAILIT DI INDONESIA Aliya Sandra Dewi
The Juris Vol. 7 No. 2 (2023): 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.v7i2.1039

Abstract

This research aims to find out the debtor can restore his good name in order to restore his good name so that the debtor can still apply for credit again and the process that can be done to restore the good name of a debtor declared Bankrupt by the Court will lose reputation in the eyes of the public. The research method used is normative juridical, with a statutory approach (statue approach), historical approach (historical approach), and case approach (case approach).Based on the analysis and research results that first, the existing bankruptcy regulations are considered unreliable, namely the Civil Code, and Law No.37 of 2004 concerning Bankruptcy and Suspension of Debt Payment Obligations. Because bankruptcy can end with a peace. This peace is carried out by means of an agreement between the bankrupt debtor and the creditors to pay some of their debts first. However, in reality, not all settlements are acceptable. When reconciliation is not acceptable, insolvency becomes the way to end the bankruptcy. The second way to end a bankruptcy is through rehabilitation. Rehabilitation can be accepted if the creditor has received full payment of the debt. Then bankruptcy can be ended by a judge's decision in a higher court level. The judge's decision at a higher court level can revoke the bankruptcy declaration. In addition to these things, there are also things that can make bankruptcy end, namely the revocation of bankruptcy at the suggestion of the supervisory judge. The supervisory judge can give a recommendation to revoke the bankruptcy declaration decision because he knows the financial condition or assets of the bankrupt debtor.
URGENSI RECHTERLIJK PARDON DALAM PEMBAHARUAN HUKUM PIDANA DI INDONESIA Bella Putri Hunowu; Fenty U. Puluhulawa; Weny Almoravid Dungga
The Juris Vol. 7 No. 2 (2023): 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.v7i2.1041

Abstract

This research discusses changes in Indonesian criminal law regarding legal forgiveness, as one type of decision in criminal cases. The journal aims to understand the urgency and purpose of studying the values of Pancasila that underlie the regulations and implementation of legal forgiveness. The research uses a normative juridical approach with a legislative and conceptual approach. The journal finds that judicial forgiveness is a manifestation of Pancasila values in the process of enforcing criminal law and is part of an effort to Indonesianize those regulations. Criminal law, which has hitherto been based on principles of colonial states.

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