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[POLITIK HUKUM PEMBENTUKAN DELIK PERMUFAKATAN JAHAT DALAM TINDAK PIDANA KORUPSI ]]>
<![CDATA[Kartika, Tantri]]>
<![CDATA[ The Juris Vol 2 No 2 (2018): JURNAL ILMU HUKUM : THE JURIS ]]>
Publisher : <![CDATA[STIH Awang Long Samarinda ]]>
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<![CDATA[Criminal Agreement Crimes in the Criminal Code are regulated in Article 110 paragraph (1) to paragraph (4). Same spanning is specifically regulated, namely only against crimes as stipulated in Articles 104, 106, 107 and 108 of the Indonesian Criminal Code, meaning that criminal acts cannot be applied to all criminal acts contained in the Criminal Code, so they are exclusive (exceptions) as stated in Article 110 of the Criminal Code. Looking at the form of this evil agreement the question arises, why should the consensus on the provisions in Articles 104, 106, 107 and 108 of the Criminal Code be punished? This is because lawmakers see crimes (crimes) as stipulated in Articles 104, 106, 107 and 108 of the Criminal Code that they have been seen as serious crimes and very dangerous especially for the safety of the State. Therefore, a crime called crime against the safety of the State must be prevented or eradicated at the time the crime is still at the level of preparation or still at the voorbereidingsstadium.]]>
<![CDATA[MENINGKATKAN SISTEM PERLINDUNGAN ANAK BAIK PENCEGAHAN MAUPUN PENANGANAN DENGAN MEMPERTIMBANGKAN TANTANGAN DAN ANCAMAN YANG DIHADAPI ANAK ]]>
<![CDATA[Kirana, Yanti]]>
<![CDATA[ The Juris Vol 2 No 2 (2018): JURNAL ILMU HUKUM : THE JURIS ]]>
Publisher : <![CDATA[STIH Awang Long Samarinda ]]>
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<![CDATA[General Dictionary of Indonesian protection means a place of refuge or an act (thing) to protect, for example giving protection to weak people. Legal protection is an action that is protected by legal subjects with applicable regulations and their implementation can be imposed by a regulation. Law Number 23 of 2002 concerning the Protection of Children Has Been Changed by Law Number 35 of 2014 concerning Amendments to Law Number 23 of 2002 concerning Protection of Children entitled to protection from Rescue in political activities, involvement in dispute release, involvement in social unrest, involvement in events involving non-violence, involvement in war and sexual crimes.]]>
<![CDATA[DAMPAK PENANAMAN MODAL TERHADAP PEMBANGUNAN ERA OTONOMI KHUSUS DI PAPUA ]]>
<![CDATA[Hartini, Sri Iin]]>;
<![CDATA[Wijanarko, Dwi Seno]]>
<![CDATA[ The Juris Vol 2 No 2 (2018): JURNAL ILMU HUKUM : THE JURIS ]]>
Publisher : <![CDATA[STIH Awang Long Samarinda ]]>
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<![CDATA[Business is one of the world that cannot stand alone. A country will be develop if business of the world to work and develop. Business of the law to quickly develop and advance without to set by signs and rule to clear cannot profit in the end. Most aspects from various kinds in other world, also involved both directly and indrectly with the world of this business. In relation to the sometimes do not give a priority for business that ultimately make the effort to bow and follow signs and ofthen even prioritizing business so ignore rules that there has been. Happened Practice Monopoly and competition effort unhealthy in Indonesia look from the big efforts to mastery the practice of up to the downstream upstream. The Constitutions No. 5 of 1999 about The Prohibition Practice Monopoly and The Competition of Business Unhealthy, to hope able bind business of the world of Indonesia.The present of Constitutions No. 5 of 1999 as control tool social that is effort to keep the public interest and prevent practice monopoly and/ competition effort unhealthy create a climate conducive through the business setting competition a healthy and tried to create the effectiveness of and efficiency in business activities. The duty of CSBC are supervise the implementation of Constitutions, with supervision to hopefully the perpetrator effort to compete with healthy so that the economic activities can walk more efficient and gave the benefits to consumers widely. CSBC have authority among other: received reports from the public and/ from the perpetrators effort on suspicion of the practice monopoly and/ competition unhealthy effort; doing research on suspicion of the busines activities or action of the effort that can lead to the practice monopoly and competition unhealthy effort. In researching case suspicion of the practice monopoly and competition effort unhealthy by CSBC also the authority to fall sanctions administrative to the perpetrators effort to contravene of the Constitutions resistant
Monopoly.]]>
<![CDATA[HUKUM PERSAINGAN USAHA (Peran KPPU Teori dan Praktek di Indonesia) ]]>
<![CDATA[Herniati, Herniati]]>
<![CDATA[ The Juris Vol 2 No 2 (2018): JURNAL ILMU HUKUM : THE JURIS ]]>
Publisher : <![CDATA[STIH Awang Long Samarinda ]]>
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<![CDATA[The business world is a world that cannot stand alone. A country will develop if the business world runs and develops. A business world that is growing rapidly and advancing without being regulated by clear signs and rules will not be profitable in the end. Many aspects of various other worlds are involved both directly and indirectly with this business world. Such linkages sometimes do not give priority to the business world, which in the end makes the business world must submit and follow the existing signs and often even prioritize the business world so that it ignores the existing rules. Monopolistic Practices and unfair business competition in Indonesia occur from large businesses controlling business practices from upstream to downstream. Law Number 5 Year 1999 concerning Prohibition of Monopolistic Practices and Unfair Business Competition, is expected to be able to bind the government to be more objective and professional in regulating the business world in Indonesia. The presence of Law Number 5 of 1999 as a means of social control, namely trying to safeguard the public interest and prevent monopolistic practices and/or unfair business competition, creates a conducive business climate through regulating fair business competition and trying to create effectiveness and efficiency in business activities. The duty of the KPPU is to supervise the implementation of the Law, with supervision that it is expected that business actors can compete in a healthy manner so that all economic activities can run more efficiently and benefit consumers widely. KPPU has the authority, among others: to receive reports from the public and or from business actors about allegations of monopolistic practices and or unfair business competition; conduct research on allegations of business activities or actions of business actors that can lead to monopolistic practices and unfair business competition. In examining cases of alleged monopoly and unfair business competition KPPU is also authorized to impose administrative sanctions on business actors who violate the Anti-Monopoly Law.]]>
<![CDATA[TINJAUAN YURIDIS TINDAK PIDANA MALPRAKTEK MELAHIRKAN YANG DILAKUKAN OLEH BIDAN (BERDASARKAN TINJAUAN KASUS PUTUSAN 963/PID.SUS/2013/PN.Rta) ]]>
<![CDATA[Eka Lolita Eliyanti Pakpahan]]>;
<![CDATA[Maitria Dwi Pradasel]]>;
<![CDATA[Rosalia Gresella Br Malau]]>;
<![CDATA[Samuel Brema Surbakti]]>
<![CDATA[ The Juris Vol 5 No 1 (2021): JURNAL ILMU HUKUM : THE JURIS ]]>
Publisher : <![CDATA[STIH Awang Long Samarinda ]]>
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<![CDATA[Provisions regarding the practice of health workers, both doctors and midwives, who commit criminal acts. Sometimes we hear of patients who have become disabled and even die after being treated by doctors or other health workers. Therefore, the community, especially those who are entangled in problems or whose families are affected by the case, can file a lawsuit such as in the Health Workforce Law regulations and the Midwifery Law provisions. Midwives must be trained and have experience in providing care in high risk situations. replied he did. So that a good work team must be concerned with women and their babies, and this can only be achieved by respecting each other's roles between the midwife and other team members involved in the process of caring for a mother and her baby. The method used in this research is Normative Juridical. The source of the data found was from existing sources, whether official, such as the applicable law and decisions. The results of this study were able to decide that someone who could be said to have committed childbirth malpractice behavior made by a midwife received a criminal incident listed in the Law No. must receive a fine in the case and be sentenced to prison.]]>
<![CDATA[ANALISIS TERHADAP PERJANJIAN JUAL BELI PROFORMA (STUDI KASUS PUTUSAN PENGADILAN NEGERI RABA BIMA NOMOR 47/PDT.G/2017/PN RBI) ]]>
<![CDATA[Cindy Adinda Ratu]]>;
<![CDATA[Arsin Lukman]]>
<![CDATA[ The Juris Vol 6 No 1 (2022): JURNAL ILMU HUKUM : THE JURIS ]]>
Publisher : <![CDATA[Sekolah Tinggi Ilmu Hukum Awang Long ]]>
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DOI: 10.56301/juris.v6i1.410
<![CDATA[The role of the Land Deed Making Officer is very important in making the land sale and purchase deed. In accordance with Government Regulation Number 37 of 1998 which has been changed to Government Regulation Number 24 of 2016 concerning Regulations for Land Deed Making Officials, PPAT is a public official who is authorized to make authentic deeds regarding certain legal actions regarding land rights or property rights. on the apartment unit. The problems raised in this research are the responsibility of the Land Deed Making Officer (PPAT) for the making of the Proforma Sale and Purchase Deed (formality) and the legal consequences arising from the Proforma Purchase (formality). The method used is normative research, the data sources used are primary legal materials, secondary legal materials, and tertiary legal materials. Data collection techniques by means of literature study. The data analysis technique used qualitative methods. After the discussion, it was found that the Proforma Sale and Purchase (formality) did not meet the requirements for a valid agreement because it contained false causes. The Land Deed Making Official who makes the Proforma Sale and Purchase Deed (Formality) must be responsible for his actions and may be subject to written sanctions up to his dismissal from his position. And there are legal consequences of false data submitted to the Land Deed Making Official, which can be canceled or null and void by law. There is also the possibility of being sued for material damages by the aggrieved party in this case the Plaintiff on the basis of an unlawful act as regulated in Article 1356 of the Civil Code. Guidance and supervision of the profession of Land Deed Making Officials must also be strengthened so that cases of making Proforma Sale and Purchase Deeds do not recur.]]>
<![CDATA[PENERAPAN HAK INGKAR NOTARIS SEBAGAI SAKSI DALAM PERADILAN PIDANA (Studi Putusan Nomor 685/Pid.B/2016/Pn.Mlg) ]]>
<![CDATA[Hika Deriya Fajar Rizki Asril Putra]]>
<![CDATA[ The Juris Vol 6 No 1 (2022): JURNAL ILMU HUKUM : THE JURIS ]]>
Publisher : <![CDATA[Sekolah Tinggi Ilmu Hukum Awang Long ]]>
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DOI: 10.56301/juris.v6i1.411
<![CDATA[The Right of Denial can be carried out with restrictions as long as the Notary is examined by an agency requesting information or information from the Notary regarding a deed that has been or was drawn up by or before the Notary concerned. Considering that a Notary basically only records what the witnesses say and is not required to investigate the material truth of its contents. legal implications for the default of Notary rights based on Article 16 paragraph (1) letter f of Law Number 2 of 2014 concerning Amendments to Law Number 30 of 2004 concerning the Position of a Notary if the Notary is a witness in a criminal court.]]>
<![CDATA[TINJAUAN YURIDIS WANPRESTASI DALAM PERJANJIAN UTANG PIUTANG YANG TIDAK TERTULIS DALAM HUBUNGAN KEKERABATAN (ANALISIS PUTUSAN NOMOR : 35/Pdt.G/2016/Pn.Mlg.) ]]>
<![CDATA[Debby Mutiara Silalahi]]>;
<![CDATA[Egi Benaronta Purba]]>;
<![CDATA[Rizki]]>
<![CDATA[ The Juris Vol 6 No 1 (2022): JURNAL ILMU HUKUM : THE JURIS ]]>
Publisher : <![CDATA[Sekolah Tinggi Ilmu Hukum Awang Long ]]>
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DOI: 10.56301/juris.v6i1.412
<![CDATA[The purpose of this research is to understand the position of an unwritten agreement in civil law and to understand the legal consequences of default in an unwritten agreement. This research uses normative juridical legal research and sourced from primary and secondary legal materials. The data technique used in this research is library research and access internet sites. The formulation of the problem in this research is: (1) How the position of the unwritten agreement in civil law? (2) How to regulate default in civil law? (3) How do judge’s consideration in decision number: 35/Pdt.G/2016/Pn.Mlg?. The result of this decision is that the judge decided to partially grant the plaintiff’s petitum, determine that the defendants have broken promises, demanded that the defendants pay the debt to the plaintiff, to pay court fees, and others. Based on the Judges’s decision, we can conclude that in making agreements we must fulfill all agreed achievements, so as not to harm others.]]>
<![CDATA[PENGALIHAN SERTIFIKAT OBYEK SENGKETA DENGAN AKTA NOTARIS YANG DILAKUKAN SECARA TIDAK SAH DAN MELAWAN HUKUM (STUDI PUTUSAN PENGADILAN NEGERI TANGERANG NOMOR 664/PDT.G/2019/PN.TNG) ]]>
<![CDATA[Nanda Ahimsa Dwiputra]]>;
<![CDATA[Isyana Wisnuwardhani Sadjarwo]]>
<![CDATA[ The Juris Vol 6 No 1 (2022): JURNAL ILMU HUKUM : THE JURIS ]]>
Publisher : <![CDATA[Sekolah Tinggi Ilmu Hukum Awang Long ]]>
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DOI: 10.56301/juris.v6i1.413
<![CDATA[The making of the sale and purchase deed is carried out by the parties, but in its implementation problems arise when one of the parties feels aggrieved, causing a dispute. The purpose of this study is the certificate of the object of the dispute which was carried out illegally and against the law (Study of Putusan Pengadilan Negeri Tangerang Nomor 664/pdt.g/2019/PN.TNG). This research uses juridical normative research. The results of the study indicate that legal rights to land can only be carried out with a deed made before the PPAT officers to then start with the National Land Agency (BPN). If a land is found to be disputed in court (the object of the lawsuit), then the BPN through the PPAT is required not to continue making deed in writing to the interested parties. This is in accordance with Government Regulation No. 24 of 1997 concerning Land Registration Article 39 paragraph (1) letter f. The form of civil sanctions against notaries is compensation, and default can also be against acts that violate the law. The types of administrative sanctions are verbal warning, written warning, temporary dismissal, respectful dismissal, dishonorable discharge. Regarding the crime of forging letters, namely Article 263, Article 264, and Article 266 of the Criminal Code.]]>
<![CDATA[PERLINDUNGAN HUKUM PENGADAAN TANAH TERHADAP PERBUATAN MELAWAN HUKUM BERDASARKAN PUTUSAN MAHKAMAH AGUNG NOMOR 3583 K/PDT/2018 ]]>
<![CDATA[Telly Widjaya]]>;
<![CDATA[Fransiscus Xavierius Arsin]]>
<![CDATA[ The Juris Vol 6 No 1 (2022): JURNAL ILMU HUKUM : THE JURIS ]]>
Publisher : <![CDATA[Sekolah Tinggi Ilmu Hukum Awang Long ]]>
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DOI: 10.56301/juris.v6i1.414
<![CDATA[Business activities which are State Strategic Projects or as National Vital Objects are often related to land acquisition for development in the public interest. Land acquisition must of course prioritize the principles of applicable laws and regulations. However, in practice there are often disputes in land acquisition and compensation that have been carried out by other parties. Research using normative juridical methods, this paper intends to provide an overview of legal certainty for right of way to the gas pipeline located along the Bontang forest area to Tanjung Santan, East Kalimantan, which is a National Vital Object and has been operating since 1975 and has received a permit from Governor of East Kalimantan Province. The land has previously also gone through a compensation mechanism which was carried out on a land use permit, at the request of the Agrarian Directorate of East Kalimantan Province to compensate for the loss of timber stands and objects on it to the holders of HPH (Forest Management Rights) but in practice, land disputes still arise. With Government Regulation Number 24 of 1997 concerning Land Registration, it should be a solution to provide legal certainty to owners of right of way to gas pipelines to deal with land disputes from other parties.]]>
