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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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PELAKSANAAN PENEGAKAN HUKUM OLEH KEPOLISIAN DAERAH BALI DALAM TINDAK PIDANA FIDUSIA DI WILAYAH HUKUM POLDA BALI Putra, I Wayan Partama; Indradewi, Anak Agung Sagung Ngurah; Pramesti, I Putu Eka Yoga
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.v7i2.1119

Abstract

The clause 4 of Law Number 42 of 1999 concerning Fiduciary Guarantees confirms that Fiduciary Guarantees are a follow-up agreement to a principal agreement which creates an obligation for the parties to fulfill an agreement achievement. The failure to achieve the agreement achievement from the debtor makes the person concerned have to face a legal process, which begins with the investigation from Police. Based on the background of the problems above, several problems can be formulated, including what is the role of law enforcers for Bali Regional Police in fiduciary crimes in the Legal Area of the Bali Regional Police? And what are the obstacles that faced by the Bali Regional Police in enforcing the law on fiduciary crimes in the Bali Regional Police Legal Area? The research method used is an empirical research method by examining the practice of implementing Law Number 42 of 1999 concerning Fiduciary Guarantees with data collection techniques through document studies and through interviews with investigators from the Special Criminal Investigation Directorate of the Bali Regional Police. The results of the study show the following conclusions: first, the role played by the investigator is the role of prevention (preventive) and repression (repressive) against the perpetrators of crime. Second, there are internal and external inhibiting factors in the implementation of law enforcement on fiduciary crimes.
KASUS PEMBEGALAN TERHADAP MAHASISWA UNIVERSITAS MUHAMMADIYAH SUMATERA UTARA MEDAN Ferdinandus Bani; Theofilla Tasya Oeleu; Ignecya Thithania Katoda; Christian Umbu Limu; Benediktus Peter Lay
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.v7i2.1120

Abstract

This research investigates incidents of attacks on students at the University of North Sumatra (UMSU) in Medan City; This is intended for analysis. Focus on factors, namely influencing factors and actionable improvement strategies. This investigation method involves sources who investigate robbery cases in Medan City. The research results show that there is a relationship between factors such as street lighting, traffic density, and personal safety behavior and the frequency of robberies. The implications of these findings can be used to develop more urban safety measures.
KEBIJAKAN PENEGAKAN HUKUM DALAM UPAYA MENANGANI CYBER CRIME YANG DILAKUKAN OLEH POLRI VIRTUAL DI INDONESIA Mohamad Suarno Nur; Fenty Puluhuwa; 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.v7i2.1122

Abstract

This research aims to understand and analyze the legal regulatory policies regarding information technology crimes in addressing cybercrime committed by virtual police in Indonesia. In the midst of technological advancements and their negative impacts, especially cybercrimes, handling cybercrime becomes a complex challenge. This study involves normative legal analysis focusing on doctrines and legal principles found in legislation and court decisions.The results indicate that the criminal legal regulations related to cybercrime in Indonesia are not yet fully adequate. Although Law Number 19 of 2016 concerning Amendments to Law Number 11 of 2008 concerning Electronic Information and Transactions has regulated some aspects, further harmonization and adjustment are still needed in line with the development of cybercrimes. In dealing with cybercrime, the roles of virtual police and cyber police in Indonesia need to be clearly understood. Virtual police emphasize preventive efforts, while cyber police follow up on cases through law enforcement. The existence of this difference needs to be socialized so that the public understands their roles in combating cybercrime.
ANALISIS YURIDIS KEDUDUKAN MAHAR DALAM HUKUM PERKAWINAN Dwi Apriliyani J Nusi; Nur Mohamad Kasim; Weny Almarovid 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.v7i2.1123

Abstract

This article aims to find out how Mahar's position on the law of marriage in particular for Islamic believers where the obligation of Mahar is a thing to be carried out and how the compilation of Islamic law views on the Mahar arrangement. But the reality is that there is still a divergence in the society that from the prospect of the bride to the prospective bride asks Mahar to a very oppressive male prosecutor so that the prosecuted bride is unable to hold it that eventually the candidate bride and bride take the crossroads of fleeing to the place of the Principal. So to reveal that, the author uses the Library Research approach with the research methods carried out to study literature and writings that are closely related to the issues raised in this research. The functions of the Mahar are: a. the distinction between marriage and marriage; b. the form of respect, appreciation, and protection for women; c. the type of seriousness of a man toward the woman he is to marry; d. the symbol of the responsibility of a woman toward a given Mahar; e. a symbol of responsibility for a man; and f. the symbole of agreement and disagreement.
KONSEP NULITAS DALAM KONTRAK PENGADAAN BARANG ATAU JASA YANG DIKERJAKAN OLEH PIHAK PEMINJAM NAMA PERUSAHAAN Bintang Puwan Permata
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

Abstract

The Commitment Officer as the services user is the aggrieved party in a procurement contract for goods/services signed and/or executed by the party borrowing the company's identity. This is because the work is carried out by a party who, legally, lacks the authority and legitimate position and cannot be directly held accountable for the executed work. Consequently, delays and a decrease in quality may occur in line with the specified technical specifications. This article aims to provide an overview for parties involved in government procurement contracts regarding the consequences and legal actions that can be taken in the event of a dispute over a government procurement contract signed and/or executed by a party borrowing the company's identity. This way, it can anticipate potential adverse situations. This article is a normative legal writing using legislative and conceptual approaches. The data used include primary legal materials and secondary legal materials analyzed through deductive reasoning. The concept of null and void applies to agreements involving borrowing a company's name with the intention of directing the tender to be won by a participant under its control. On the other hand, for agreements involving borrowing a company's name made on the grounds of not having a company or business entity that meets tender requirements, the concept of cancellability applies.
EKSISTENSI BADAN PENYELESAIAN SENGKETA KONSUMEN SEBAGAI LEMBAGA QUASI PERADILAN Pebri Anwar; Ari Widiarti
The Juris Vol. 8 No. 1 (2024): 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.v8i1.1142

Abstract

The existence of quasi-judicial institution as a part of judicial power. Article 24 subsection (3) of the constitution of the Republic of Indonesia 1945 and the law number 48/2009 about judicial power admitting quasi yudicial institutionshas judicial powers. The purpose of establshing BPSK is to protec consumer and producer by designing consumer protection system that contain legal certainty. The problems that the decision of BPSK has characteristic final and binding however it can be carried out to the district court and the decision cannot be executed directly or realized. For maximalize exercising of the quasi-judicial institutions are needed legal policy for supporting functional-constitusional relations between BPSK and Supreme Court as top judicial power organization.
PERBEDAAN MAKNA ALASAN PHK: IMPLIKASI HUKUM TERHADAP HAK-HAK PEKERJA DAN KEWAJIBAN PERUSAHAAN Dewangga, Stevanus Andrian; Royhan Fakhri Megantara; Mardian Putra Frans
The Juris Vol. 8 No. 1 (2024): 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.v8i1.1154

Abstract

Termination of Employment (PHK) or layoff is a significant action in the world of employment. Differences in the meaning of reasons for layoffs between workers and companies can be a source of complex conflict with significant legal enforcement. This research aims to analyze the differences in the meaning of reasons for layoffs between workers and companies as well as law enforcement regarding workers' rights and company obligations. The research method used is a descriptive analysis approach with reference to statutory regulations and court decisions regarding layoffs. Data was collected through literature studies, analysis of legal documents, and research of related cases in employment courts using a case approach. The research results show that differences in the meaning of reasons for layoffs between workers (Mr. ATNY) and companies (PT. Novell Pharmaceutical Laboratories) can be related to legal interpretation, factual assessment, or subjective perception. Workers may consider that the reasons for layoffs given by the company are invalid or unfair, while the company believes that these reasons are in accordance with applicable legal provisions. This difference in meaning can have a significant impact on workers' rights and company obligations. Therefore, efforts are needed to reach a common understanding regarding the legal interpretation of reasons for layoffs, so that it can help reduce conflict and increase fairness in layoffs.
PERLINDUNGAN HUKUM TERHADAP ANAK YANG KEHILANGAN ORANG TUA AKIBAT PANDEMI COVID-19 Kayowuan Lewoleba, Kayus
The Juris Vol. 8 No. 1 (2024): 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.v8i1.1156

Abstract

This article discusses one of the impacts of a serious problem that has hit the world, namely the Covid-19 pandemic, the impact of which is extraordinary, hundreds of thousands of people have lost their lives as a result of this terrible pandemic. Indonesia is one of the countries that has suffered enormous losses from the loss of human life and the collapse of the Indonesian economy. Apart from the loss of human life, other sectors such as the domestic and global economy have experienced destruction due to the impact of restrictions on social activities which have brought several economic sectors to a halt. The impact of this pandemic has forced many children in various parts of the world to lose their parents, they experience suffering and sorrow because they have lost the people they took refuge in. They are forced to live a life without their loved ones, they are forced to work to survive, and live a new life with all kinds of risks that they have to face, such as the potential for vulnerability, to experience various forms of violence from people around them who don't care about them. child's condition. The loss of the main guardian, namely parents or grandparents, puts children's future at risk. Without the presence of a guardian, children will have difficulty meeting their needs for clothing, food and shelter independently. Not only that, they are also threatened with losing the opportunity to continue the education they are currently receiving. Children's mental development is disrupted because they lose someone who always gives them attention and affection. Apart from that, they will also be vulnerable to child marriage, child trafficking and other acts of violence and crime. This research is normative legal research with an analytical descriptive approach
PENGUNDURAN DIRI RUSIA DARI ICC : TELAAH BERDASARKAN ASAS GOOD FAITH DALAM HUKUM PERJANJIAN INTERNASIONAL Saragih, Jogi Talar
The Juris Vol. 8 No. 1 (2024): 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.v8i1.1158

Abstract

This study aims to examine the validity of Russia's withdrawal from the International Criminal Court (ICC) in light of the principle of good faith as established in the Vienna Convention on the Law of Treaties (VCLT). The primary objectives of the research are, firstly, to elucidate the legal implications of the principle of good faith within the 1969 VCLT. Second, to apply this principle to evaluate Russia's withdrawal from the ICC in 2016. To address the legal questions raised by this research, both the statutory and conceptual approaches have been employed. The statutory approach refers to the 1969 VCLT as the source of statutory law, while the conceptual approach draws on the opinions of scholars regarding the application of the principle of good faith in international treaty law. The findings of this research indicate that Russia's withdrawal from the ICC is not legitimate, as it demonstrates Russia's intention to avoid the application of the ICC's provisions. This withdrawal constitutes an act of bad faith, as it deliberately circumvents the unfavorable provisions of the agreement that apply to Russia following its occupation of Crimean territory.
PERTANGGUNGJAWABAN PIDANA TERHADAP PELAKU PEREMPUAN YANG MELAKUKAN ABORSI DI KOTA NOPAN SETIA Simanjuntak, Immanuel; Silalahi, Riandy Micael; Ginting, Cindy Br; Surbakti, Suryandi Pratama; Aritonang, Zico Ricardo
The Juris Vol. 8 No. 1 (2024): 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.v8i1.1159

Abstract

The rapid and massive development of technology has had an impact on society in Indonesia, both positive and negative, one of whom was affected by the progress of this era was a woman from Nopan Setia City. Developments in society in Indonesia, especially in NopanSetia City, in this case are heavily influenced by promiscuity and a lack of awareness of the dangers of free sex, which results in unwanted pregnancies that lead to abortion. This type of research is normative juridical and is closely related to other legal sources, namely reviewing library documents from secondary data, especially research journals, dissertations and other research. That basically the problem of abortion (abortion) which is categorized as a crime or criminal act is already in the Criminal Code, but based on various factors and certain reasons, one of which is safety reasons and related to human rights issues and the protection of children who are victims of abortion, so that become extensive regulations regarding the criminal act of abortion as regulated in Law Number 36 of 2009 concerning Health. Looking at the judge's considerations in the object of this research, namely one of the women from NopanSetia City, there was an element of deliberate intent committed by Sri HanniPatimah in carrying out an abortion (abortion) by referring to Article 341 of the Criminal Code, by looking at the elements of the existing criminal act and From the existing trial facts it can be concluded that the criminal act existed and was carried out intentionally.

Page 27 of 52 | Total Record : 514

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