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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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ASSET RECOVERY DALAM TINDAK PIDANA KORUPSI SEBAGAI UPAYA PENGEMBALIAN KERUGIAN KEUANGAN NEGARA Hasanal Mulkan; Serlika Aprita
The Juris Vol. 7 No. 1 (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.v7i1.870

Abstract

The positive law in force in Indonesia that regulates corruption is the Law of the Republic of Indonesia Number 31 of 1999 in conjunction with the Law of the Republic of Indonesia Number 20 of 2001 concerning the Eradication of Criminal Acts of Corruption. In overcoming the problem of corruption, in fact there are many difficulties faced by law enforcers which have become a routine part of law enforcement constraints in Indonesia. In addition, the problem is even more difficult if when the perpetrators of corruption are not in Indonesia, where trials are conducted in absentia, then the assets resulting from corruption have been hidden abroad, so this creates serious problems for prosecutors in carrying out executions. However, today the functionalization of criminal law in the context of enforcing the law on corruption, both from the point of view of material criminal law, formal criminal law (criminal procedure law), as well as criminal implementation, still faces obstacles, especially regarding the policy of recovering assets of perpetrators of corruption has implications for the implementation of the execution of replacement money payments in order to optimize the recovery of state financial losses. Thus, obstacles in eradicating criminal acts of corruption must be addressed immediately, so that they do not become an inhibiting factor in efforts to restore state financial losses, so that the national development program can run optimally. The current policy of recovering assets of perpetrators of corruption in an effort to recover state financial losses cannot be implemented optimally, because it must be recognized that current national law still has many weaknesses that create difficulties for law enforcers in recovering assets of perpetrators of corruption, especially in terms of confiscating the assets of the perpetrators of corruption, so that the return on state financial losses resulting from corruption is currently not optimal.
PERLINDUNGAN & PENYELESAIAN SENGKETA KOSUMEN SEKTOR JASA KEUANGAN Nur Husni Emilson; Koesrin Nawawi; Soleh Idrus
The Juris Vol. 7 No. 1 (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.v7i1.871

Abstract

Disputes in the financial services sector can occur if there is a difference in understanding between the institution and the consumer regarding a service product from the related financial institution or from the institution's negligence in fulfilling its obligations. Consumer protection is all efforts to provide legal certainty to consumers. The PK Law is the legal basis for legal protection for consumers, while the OJK Law is the Constitution of the establishment of Financial Institutions, in this case the OJK as an independent body that regulates, supervises, inspects and investigates in the financial services sector as well as aims to protect consumers as users of financial services. In the applicable regulations, consumer protection is manifested in the obligations of financial services business actors related to complaint facilitation, complaint settlement facilities, internal control, consumer protection supervision, and sanctions. Settlement of disputes in the financial services sector first through the Financial Services Institution, if no settlement is reached, then proceed with settlement in court or out of court.
DINAMIKA PERKEMBANGAN HUKUM DALAM KEHIDUPAN BERMASYARAKAT Leoni Ayu Pratiwi; Elfrida Ratnawati
The Juris Vol. 7 No. 1 (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.v7i1.872

Abstract

Community development (change) is usually identified with development. Generally people think that development is a neutral noun which means a word used to describe processes and efforts to improve economic, political, cultural life, community infrastructure, and so on. With such an understanding, development is equated with the word "social change". The law that develops in society is not a static law but a dynamic law. In fact, the legal system is not merely a set of static rules, but a reflection that is always changing from developments, especially the relationship between the diversity of social characteristics that live in society, both traditional and modern societies, both rapid changes and slow changes. In line with the notion that law is a reflection of the diversity of social characteristics, then there is no law that does not experience change and change is always a product of conflict.
TINJAUAN YURIDIS TERHADAP KEBERADAAN LEMBAGA PERLINDUNGAN KONSUMEN SWADAYA MASYARAKAT DI KABUPATEN KARAWANG BERDASARKAN UNDANG-UNDANG NOMOR 8 TAHUN 1999 TENTANG PERLINDUNGAN KONSUMEN Narya Suryadi; Yuniar Rahmatiar; Muhamad Abas
The Juris Vol. 7 No. 1 (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.v7i1.880

Abstract

This study aims to provide an explanation regarding the existence of the Non-Governmental Organization for Consumer Protection in relation to its duties, functions and authorities which of course refers to the Consumer Protection Act and to increase consumer knowledge regarding rights and obligations. To achieve this goal, it is necessary to present a case study regarding consumer disputes handled by the Karawang Regency Consumer Dispute Resolution Agency as part of the Karawang Regency Non-Governmental Consumer Protection Agency. This is intended so that when consumers experience consumer dispute cases, consumers know what to do, where to go and how to resolve the dispute. The data analysis technique was obtained by using legal reasoning techniques, in which this technique describes the reasons for the existence, that is, laws are relational, laws correlate with diversity, and are the basis of legal reasoning. Then the legal logic analysis technique is also used which is a tool to clarify and evaluate reasoning, and a path can be made from premise to conclusion. The results of this study can be concluded that the Non-Governmental Organization for Consumer Protection is a non-governmental organization registered and recognized by the government that has activities regarding consumer protection. In handling consumer dispute cases, LPKSM often works together with BPSK Karawang Regency to resolve these disputes. The legal basis regarding the rights and obligations of consumers and business actors is contained in Article 4, Article 5, Article 6 to Article 7 of Law Number 8 of 1999 concerning Consumer Protection.
PENEGAKAN HUKUM TERHADAP PLAGIARISME KARYA ILMIAH SEBAGAI UPAYA PENCEGAHAN DAN PENANGGULANGAN PLAGIAT DI PERGURUAN TINGGI Emilio Fransantoso
The Juris Vol. 7 No. 1 (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.v7i1.887

Abstract

Plagiarism is an act intentionally or unintentionally in obtaining or trying to obtain credit or value for a scientific work, by quoting part or all of another party's scientific works and/or works that are recognized as scientific works, without stating the source accurately and adequately. In practice, although some have received sanctions, however, there is no uniformity in determining plagiarism, so each university has its own policy. The problem in this research is how is law enforcement against plagiarism of scientific work as an effort to prevent and deal with plagiarism in universities? The research method used is normative juridical. The results of the research show that law enforcement against plagiarism of scientific work as an effort to prevent and deal with plagiarism in tertiary institutions has not been implemented properly. This is due to multiple interpretations of Article 10 paragraph (3) of the Regulation of the Minister of Education, Culture, Research and Technology Number 39 of 2021 concerning Academic Integrity in Producing Scientific Work, due to the indecisiveness of the phrase "partially", thus making universities in Indonesia ultimately has its own policy related to scientific writing that can be categorized as plagiarism.
ANALISIS HUKUM PEMBERHENTIAN TIDAK DENGAN HORMAT APARATUR SIPIL NEGARA DI KOTA PALOPO Riyad Atmaja Herman; Abdul Razak; Anshori Ilyas
The Juris Vol. 7 No. 1 (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.v7i1.891

Abstract

This study aims to analyze and identify how the position of the Joint Decree on Disrespectful Dismissal of State Civil Apparatus to dismiss people who have served their criminal sentences based on Court Decisions with Permanent Legal Force (inkracht van gewijsde). The type of research used is the type of empirical research. This research was conducted in the City of Palopo, Province of South Sulawesi, namely at the Office of the Office of the Human Resources and Human Resources Development Agency in the City of Palopo. The results obtained through library research and interviews were then analyzed using qualitative analysis methods with an empirical approach. The results of the study show that: 1) The Joint Decree between the Minister of Home Affairs, the Minister of State Apparatus Empowerment & Bureaucratic Reform and the Head of the State Civil Service Agency (Number 182/659/SJ, Number 15 of 2018, Number 153/Kep/2018) of 2018 does not mention specifically about the imposition of sanctions. 2) The central government should not only try to terminate civil servants/ASN convicted of corruption but also should hold accountability from civil servants/officials who have so far not dismissed civil servants convicted of corruption. So that it becomes a serious emphasis for PPK / PyB who deliberately do not carry out the orders of the Law and avoid abuse of authority in the form of the term selective logging in imposing sanctions on Corruption Civil Servants / ASNs. 3) Dishonorable Dismissal (PTDH) as referred to in the Joint Decree between the Minister of Home Affairs, the Minister of State Apparatus Empowerment & Bureaucratic Reform and the Head of the State Civil Service Agency (Number 182/659/SJ, Number 15 of 2018, Number 153/Kep/2018) The year 2018 should be a learning experience for all of us, especially for state administrators. Because of that, PPK / PуB always conducts guidance and supervision of the State Civil Apparatus in Palopo City which must be continuously carried out and developed. Basically every human being does not want to be watched so there are always people who do as they please. That's why supervision plays a very important role to ensure that everyone carries out their duties properly. Discipline training also needs to be done to change the attitude of employees.
EKSISTENSI HUBUNGAN NEGARA DENGAN BADAN HUKUM SWASTA DALAM PENGELOLAAN MIGAS DI INDONESIA Desy Ratnasari
The Juris Vol. 7 No. 1 (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.v7i1.898

Abstract

Indonesia is a welfare state, the legal basis for oil and gas management must be in accordance with and in sync with the oil and gas management system which is in accordance with Article 33 of the Republic of Indonesia Constitution and the Oil and Gas Law. The existence of state relations with private legal entities in the oil and gas management system in Indonesia places the state in an equal position with private business entities, in this case the relationship between the state and private legal entities is seen as degrading the status of the state. The research method used is normative/doctrinal legal research and the research approach uses a conceptual approach that examines the literature or literature that is closely related to the problem under study.
PERLINDUNGAN HUKUM BAGI KONSUMEN AKIBAT PRICE FIXING AGREEMENT PADA TARIF ANGKUTAN UDARA YANG MENYEBABKAN PERSAINGAN USAHA TIDAK SEHAT Ulya, Rahmatul; Rahmayani, Nuzul; Adriaman, Mahlil
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.v7i2.923

Abstract

A price fixing agreement is an agreement practice entered into by companies in the same industry to fix prices for goods/services together in the relevant market. Price fixing agreements on air freight rates have a negative impact on business competition, especially for consumers who use air transport services. This study aims to determine the form of price fixing agreement practices on air freight rates and the form of legal protection for consumers against price fixing agreements on air freight rates. This research uses normative legal research methods through literature study. The results of this study indicate that business actors who enter into price fixing agreements to increase the price of airplane tickets beyond the specified tarif limit have violated the provisions of business competition law, which can harm consumers. The legal protection provided to consumers in the form of preventive legal protection and repressive legal protection depends on the jurisdiction and the applicable legal framework.
TINJAUAN TERHADAP PELANGGARAN LALU LINTAS KENDARAAN RODA DUA OLEH ANAK DI BAWAH UMUR DI WILAYAH HUKUM POLRESTA BUKITTINGGI Saputra, Tomi; Sukmareni; Zulfiko, Riki
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.v7i2.925

Abstract

Two-wheeled vehicle traffic violations committed by minors in the jurisdiction of the City of Bukittinggi still occur a lot and have even increased from year to year. This study aims to find out how law enforcement is against violations of two-wheeled vehicle traffic by minors and the constraints and efforts made to enforce the law on traffic violations of minors. This study uses empirical legal research methods. The results of this study, namely: 1) Law enforcement of traffic violations by minors in the City of Bukittinggi, is by Law Number 22 of 2009 concerning Road Traffic and Transportation, but there are still obstacles in its implementation, 2) Efforts law enforcement of two-wheeled vehicle traffic violations by minors has been carried out to the maximum extent possible by the Bukittinggi Police Traffic Unit, but in making these efforts there are obstacles encountered. These efforts are in the form of pre-emptive (coaching), preventive (counseling), and repressive (action) legal remedies.
ANALISIS YURIDIS PUTUSAN PENGADILAN TINDAK PIDANA PEMUFAKATAN JAHAT DALAM MELAKUKAN TINDAK PIDANA NARKOTIKA OLEH ANAK Wahyuni, Yelli Sri; Sukmareni; Munandar, Syaiful
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.v7i2.926

Abstract

Narcotics Crime has occurred a lot in Indonesia. One of those who commit narcotic crimes is a child. Parents are obliged to fulfill the rights of children so as not to fall into drugs and promiscuity. As is the case with the defendant Fajar Bumi Putra who has been sentenced by the Payakumbuh District Court judge, but the problems and objectives of this study are to analyze 1) The basis for the judge's consideration of the Evil Conspiracy case Number 1/Pid.Sus-Anak/2021/PN-Pyh in imposing a sentence on a child who commits a narcotic crime. 2) The basis in what case is a child who commits a narcotic crime under number 1/Pid.Sus-Anak/2021/PN Pyh regarding Evil conspiracy committed by children is in accordance with the Law.. Based on the results In this study, the authors suggest efforts to prevent narcotics crime, protect children's values ​​and educate children so they don't fall prey to narcotics and promiscuity by judges and law enforcement officials such as public prosecutors.

Page 41 of 52 | Total Record : 514

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