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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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ANALISIS KEADILAN RESTORATIF KEJAKSAAN DITINJAU DARI ASAS KEPASTIAN HUKUM Ndruru, Grace; 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.v8i1.1230

Abstract

This research aims to analyze the process of peace efforts based on restorative justice in the prosecutor's office which only stops at issuing a decree to terminate the prosecution. implementation of restorative justice implemented by the prosecutor's office which has not been able to comply with the principle of legal certainty. So far, the process of seeking peace at the prosecutor's office only stops with a letter of decision to terminate the prosecution, in which the representation of the prosecutor's office as a peacemaker only targets peace between the suspect and the victim. in other words, there is no target for fulfilling the responsibilities that should be given to victims. Legal certainty is a guarantee of certainty that the law is running well without any arbitrary action, which means that rights and obligations are fulfilled. If legal certainty is achieved then each party gets the same rights. This research uses a normative juridical method with a statutory regulatory approach and a conceptual approach. The results of this research explain that case resolution based on restorative justice in the prosecutor's office between perpetrators, victims and the prosecutor's office itself has not been able to fulfill the principle of legal certainty. This is because the prosecutor's efforts and pursuit are only to achieve peace, without considering the aspects of responsibility that must be fulfilled by the parties involved and bound. In the sense that Prosecutor's Regulation Number 15 of 2020 does not fulfill the principle of legal certainty.
SANKSI PIDANA KEPADA ORANG TUA YANG MELALAIKAN TANGGUNG JAWAB BERDASARKAN UNDANG-UNDANG NARKOTIKA DAN PERLINDUNGAN ANAK Rumahorbo, Erika Magdalena
The Juris Vol. 8 No. 2 (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.v8i1.1232

Abstract

This study aims to analysing the comparison between the Narcotics Law and the Child Protection Law regarding sanctions against parents who do not fulfil their obligations. This research uses Normative Legal research methods using primary legal materials and secondary legal materials. Primary legal materials, legal materials that are binding in the form of applicable legislation, and secondary legal materials, secondary legal materials are legal materials obtained from law books, legal journals, and scientific articles on law related to the application of sanctions against parents who do not fulfil their obligations in protecting their children. Data collection is carried out using literature studies by searching, exploring collecting, and analysing the necessary data. In addition, this study will invite writers and readers to critically evaluate the validity and reliability of the project or study as a whole from this research which aims to analyse the comparison between the Narcotics Law (UU Narkotika) and the Child Protection Law regarding sanctions against parents who do not fulfil their obligations. The analysis becomes a juridical consideration with a philosophical and conceptual approach. The results of the research will find a comparison between the Narcotics Law and the Child Protection Law regarding sanctions against parents who do not fulfil their obligations. This paper is different from other studies, where this research will focus on examining the comparison between the Narcotics Law and the Child Protection Law regarding the application of sanctions to parents who do not fulfil their obligations.
PENETAPAN AHLI WARIS DALAM TINJAUAN YURIDIS NORMATIF Rachmawaty; Andaryuni, Lilik; Akhmad Rijali Elmi; Akhmad Haries
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.v8i1.1233

Abstract

This study focused on disparities between decisions made by first-instance and appeal courts in handling the same case. Failure to register marriages and divorces leads to legal division of property and inheritance shares. First-instance judges prioritize legal certainty of marriage/divorce certificates and their legal implications. However, appeal courts lean towards sociological facts, disregarding the evidential value of authentic marriage certificates. Furthermore, their decisions conflict with the Marriage Registration Act, which mandates valid divorces to be confirmed by court-issued certificates. This study was normative research using case, legal, and conceptual approaches. The legal material was decision number 651/Pdt.G/2020/PA.Tgr and number 54/Pdt.G/2021/PTA.Smd, as well as legal provisions in the law of evidence. Based on these legal materials, legal analysis was conducted using deductive and inductive methods to strengthen the analysis of legal reasoning results of different judges hearing the same case. This study found that: firstly, the High Court of Religion in Samarinda's decision to disregard the divorce certificate did not uphold legal certainty, as certificates hold significant weight in inheritance cases, serving as conclusive evidence. Hence, there was ambiguity regarding the divorce status of Kasmawati binti Talle and Tajang bin Abu Bagenda in case number 54/Pdt.G/2021/PTA.Smd due to the absence of fully evidential documentation. Secondly, the legal ramifications of an unregistered divorce render it invalid and necessitate annulment, binding the wife to her former husband, a principle supported by Imam As-Syafi'i in Islamic jurisprudence, aligned with other scholarly opinions.
PENGGABUNGAN GUGATAN PEMBATALAN MEREK DAN GUGATAN ATAS PELANGGARAN MEREK Elisabeth D.A.N; R. Rahaditya
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.v8i1.1240

Abstract

Problems in registering a mark that is conceptually identical to another mark can be resolved by filing a trademark cancellation lawsuit. However, in drafting a lawsuit, the owner or its attorney must prepare the lawsuit correctly and straight to the issue. Cause lawsuits are often found whose contents are inappropriate, causing the lawsuit become vague and unclear. Thus, in the dispute between Buttonscarves and Umamascarves trademarks, the plaintiff was suing for cancellation of the trademark but asked for a stop to production, sales, and promotion of products from the trademark that were conceptually identical to its own; this claim can only be requested for a trademark infringement lawsuit. This research aims to analyze the combination of trademark cancellation lawsuits and trademark infringement lawsuits. This type of research is normative legal research accomplished with literature studies supported by primary and secondary data obtained from interviews and related legal materials. This research shows that mixing a lawsuit for trademark cancellation and a lawsuit for trademark infringement cannot be fulfilled because different parties are drawn as defendants. In a trademark cancellation lawsuit, the defendant is the registered trademark owner, whereas in a trademark infringement lawsuit, the defendant is the party who does not have the right or permission to use the trademark. Other than that, there are different demands in those lawsuits. In the trademark cancellation lawsuit, the demand is for the trademark cancellation, whereas in the trademark infringement lawsuit, the demand is for compensation or closure of activities related to the trademark.
PENERAPAN HUKUM WARIS PERDATA DI INDONESIA Aliya Sandra Dewi; Dian Fitriana; Elvira
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.v8i1.1242

Abstract

All forms of inheritance, whether in the form of cash, land for rice fields owned by a person are called inheritance. Given to heirs openly or known to the wrong family, there is usually a will when receiving an inheritance with a message from the person giving the inheritance. Not all heirs have full rights to the inheritance, but there is a responsibility to maintain and develop the inheritance obtained according to the testator's wishes. Inheritance is a legacy of assets to heirs. There are three (3) types of application of inheritance law in Indonesia, namely Civil Inheritance Law, Islamic Inheritance Law, and Customary Inheritance Law. In this article the author focuses on the application of civil inheritance law in Indonesia. The method used is normative juridical research, namely a doctrinal method to study the application of rules or norms in positive law. With several approaches, the first is the Legislative Approach. Second, historical approach, third, comparative approach. The results of this discussion provide knowledge to the public that civil inheritance law recognizes 3 (three) principles, namely first, the individual principle (personal principle) where the heir is an individual, secondly the bilateral principle, namely that a person not only inherits from the father but also vice versa. mother, as well as brothers inheriting from their brothers and sisters, the third principle is the principle of degree, meaning that the heir whose rank is close to the heir covers the heir who is further away in rank, so to simplify the calculations, classifications are made heir.
PERLINDUNGAN HUKUM TERHADAP PIHAK PEMILIK SERTIPIKAT ASLI ATAS DITERBITKANNYA SERTIPIKAT PENGGANTI SECARA MELAWAN HUKUM Victoria Suryana; Jur. Udin Silalahi
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.v8i1.1243

Abstract

The purpose of issuing a replacement certificate is to replace damaged land title certificates caused by accidental damage due to natural disasters or damage due to aging of the paper or tearing of the certificate due to the carelessness of the holder, which makes the certificate unusable. However, the issuance of a replacement certificate due to unlawful actions by the party claiming to be the land owner, creates a land dispute which results in losses for the original land owner. The problem in this research is how is the legal protection for the owner of the original certificate from the unlawful issuance of a replacement certificate? The results of the research show that the legal protection of the owner of the original certificate for the unlawful issuance of a replacement certificate is divided into 2 (two), namely, first, preventive legal protection through the Regulation of the Minister of Agrarian Affairs and Spatial Planning/Head of the National Land Agency of the Republic of Indonesia Number 21 of 2020 concerning Handling and Settlement of Land Cases through amicable settlement between land rights holders and the local Land Office, so that when administrative defects are discovered, the issuance of a replacement certificate can be cancelled. The second legal protection is carried out repressively through a lawsuit to annul the decision of the Head of the Land Office to the State Administrative Court and a lawsuit for an unlawful act to the District Court.
PENGELOLAAN PARTICIPATING INTEREST WILAYAH KERJA MIGAS OLEH BADAN USAHA MILIK DAERAH Suhariyanto, Didik; Setiawan, Puguh Aji Hari; Ekoprasetyo, Antonius Bintarto; Nurmawati, Bernadete; Panda, Daniel
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.v8i1.1244

Abstract

Regulation of natural resource management as a pillar of life that is rooted in the welfare and balance of society is a mandate that must be carried out in good faith and with responsibility. One form of this can be found in Regional Owned Enterprises (BUMD), which is one of the channels for managing state assets. The provisions contained in the Minister of Energy and Mineral Resources Regulation Number 37 of 2016 concerning 10% Participating Interest in Oil and Gas Working Areas allow regional governments to participate in management through delegation to BUMD or regional companies. The essence of this effort is to obtain profits that can increase regional income and the welfare of its people. This 10% Participating Interest Regulation, from the start, has succeeded in creating harmony between the rights and obligations between Cooperation Contract Contractors (KKKS) and BUMD. KKKS is responsible for offering 10% participatory interest to regions, as regulated in Minister of Energy and Mineral Resources Regulation Number 37 of 2016. If regions accept this offer through BUMD, they will obtain a maximum management right of 10% in accordance with the mandate stated in the Cooperation Contract between the Special Task Force for Upstream Oil and Gas Business Activities (SKK Migas) and KKKS. In this way, cooperation between regional governments (BUMD and KKKS) can become a firm foundation for managing natural resources in order to achieve shared prosperity.
PEMIDANAAN TERHADAP ANAK PELAKU TINDAK PIDANA PENCURIAN DENGAN PEMBERATAN DIKAITKAN DENGAN ASAS KEPENTINGAN TERBAIK BAGI ANAK Yosephine Yulita Dosniroha; Dewi Putri Nurwidiyana
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.v8i1.1246

Abstract

Providing insights and perspectives on the legal field, especially the trial of criminal cases involving minors in conflict with the law. The basis of normative legal research methodology, using a case-based approach to dissect legal issues in court decisions. The core of the investigation is contained in Article 70 of Law Number 11 of 2012 concerning the Juvenile Justice System, which safeguards the rights and welfare of children caught up in criminal justice. The critical analysis of how judges interpret and apply these legal provisions aims to explain the legal mechanisms for upholding the best interests of children in criminal proceedings, investigate the complex dynamics of ensuring that children in conflict with the law receive formal legal capacity, emphasise the importance of safeguarding rights and ensuring welfare during the legal process, and contribute insights that inform and enrich the discourse around the intersection between juvenile justice, criminal law, and the principle of the best interests of the child.
KEDUDUKAN DAN HUBUNGAN TRIUMVIRAT MENTERI SEBAGAI PELAKSANA TUGAS KEPRESIDENAN DALAM SISTEM KETATANEGARAAN DAN KEMENTERIAN NEGARA REPUBLIK INDONESIA Saputra, Imran Eka; Razak, Furqan; Rahman, Ali; Nur, Alqadri
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.v8i1.1250

Abstract

This research aims to examine the position of the triumvirate of ministers in the constitutional system of the Republic of Indonesia and examine the relationship between the triumvirate of ministers as executors of presidential duties in the State Ministry system of the Republic of Indonesia. The type of research used in this research is normative legal research. The research results show that the position of the triumvirate of ministers in the constitutional system of the Unitary State of the Republic of Indonesia has been regulated in the third amendment to the 1945 Constitution of the Republic of Indonesia, namely Article 8 paragraph (3) which regulates more detailed rules in the event that the President and Vice President are absent. Then the reason why the ministers of the Triumvirate carry out presidential duties is because they are considered to understand the ins and outs of government affairs. The solution offered by the author is that the President and the People's Representative Council need to make derivative regulations for the implementation of Article 8 Paragraph (3) of the 1945 Constitution of the Republic of Indonesia and a change needs to be made in Law Number 39 of 2008 concerning the Ministry of State Affairs.
ANALISIS YURIDIS PEMBATALAN PERJANJIAN PERDAMAIAN (HOMOLOGASI) PERKARA PENUNDAAN KEWAJIBAN PEMBAYARAN UTANG PADA PENGADILAN NIAGA Kalundas, Syamsu; Kurnia, Mahendra Putra; Fauzi, M
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.v8i1.1251

Abstract

This research will highlight and analyze the cancellation of the peace agreement in the PKPU case based on Supreme Court (MA) Decision No. 667 K/pdt.sus-pailit/2021. This decision attracted attention because the Supreme Court canceled the Peace Agreement (Homologation) between creditors and debtors which was issued after the Creditor was declared Bankrupt, so it is necessary to deepen and analyze the application of the regulations and the judge's considerations in deciding the case, so this is an interesting matter for the writer to discuss, and An analysis of the bankruptcy entry route will be carried out based on the provisions of Chapters II and III of the Bankruptcy Law and PKPU. In this case, there are decisions that contradict one another. This type of research is normative legal research. Normative legal research is research carried out by analyzing written law from library materials or mere secondary data, better known as secondary legal materials and reference materials in the legal field or reference materials in the legal field. Research Approach. Decision in the context of the PT Hanson International Tbk case. shows the complexity between legal idealism (sollen), namely as contained in Law Number 37 of 2004 Article 228 paragraph (6) which regulates the number of extensions, namely 270 days, and the reality (sein) contained in Cassation Decision No. 667 K/pdt.sus-pailit/2021. Although "sollen" reflects the moral and social aims of the law, its relationship with "sein" becomes clear in PKPU and bankruptcy proceedings. The rejection of the peace plan raises questions regarding the relationship between legal idealism and its implementation in the field. Although the court emphasized that after a peace plan is rejected, debtors who have been declared bankrupt cannot submit a new peace plan. This research aims to determine the legal consequences and juridical reasons for canceling the peace agreement (homologation) in the Cassation Decision (Judex Jurist) which is contradictory to Law Number 37 of 2004 Article 228 paragraph (6) as well as between the ideal aspirations of the law and its implementation in difficult circumstances. developing and complex in society.

Page 29 of 52 | Total Record : 514

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