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Contact Name
Otto Fajarianto
Contact Email
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Kota samarinda,
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INDONESIA
Jurnal Ilmu Hukum The Juris
ISSN : 25800299     EISSN : 25808370     DOI : -
Core Subject : Social,
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
TINJAUAN HUKUM PENJATUHAN PUTUSAN PIDANA TERHADAP PELAKU TINDAK PIDANA JUDI ONLINE Yurita, Deva; Sukmareni; Fitri Z, Yenni
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.v7i2.927

Abstract

This study analyzes the considerations by judges in imposing criminal decisions on perpetrators of online gambling crimes in Decision Number 111/Pid.B/2022/Pn Bkt. This research uses normative law research. Data analysis is used by interpreting the data and presenting it in sentences to answer problems in subsequent chapters. The results of this study are: 1) The panel of judges in deciding the considerations in the decision considers more juridical considerations that look at the defendant's background and life further. The judge should be able to give a more severe deterrent effect to the defendant, remembering the defendant is not just a number taker on gambling games online but acting as a bookie. 2) In imposing a criminal verdict, the public prosecutor and the Panel of Judges should also use the law on electronic transactions and information, considering that the defendant's case is online gambling, accessed using the network.
ANALISIS PERTANGUNGJAWABAN TINDAK PIDANA PENCUCIAN UANG YANG DILAKUKAN OLEH KORPORASI Tamyiz, Qiaro; Taun
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.v7i2.934

Abstract

The concept of criminal liability against corporations s a new concept criminal law. The difficulty of mposing responsibility on the corporation n committing the crime of laundering creates problems, namely when the corporation s deemed to have committed a crime of money laundering and how s the responsibility mposed. To find out this, the researcher used the juridical-normative method, with secondary data sources through a statutory approach, a legal analytical approach and a case approach and a qualitative data analysis method. The results of the study show that Law No. 8 of 2010 PPTPUU does not directly regulate when a corporation commits the crime of money laundering, so the author needs to nterpret and link the articles of money laundering with corporations as the subject of a crime. The actor acts as the directing mind by mposing on the corporation and / or corporate controlling personnel. There s no explanation for the mposition of corporate responsibility so that n order to transfer the burden of responsibility to the corporation and / or corporate control personnel, t s necessary to use the doctrine of vacarious liability theory with the theory of responsibility approach: Delegation (doctrine of delegation), dentification (doctrine of dentification) and Aggregation (doctrine of aggregation), so that corporations can be punished / held accountable.
IMPLEMENTASI SISTEM PEMIDANAAN DUA JALUR (DOUBLE TRACK SYSTEM) BAGI PELAKU PENYALAHGUNA NARKOTIKA Fransilirus Nong Richi
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.v7i1.952

Abstract

The main discussion of this study is related to the application of punishment for narcotics abusers who are considered inappropriate. The main problem in this research is related to the implementation of the double track system as an effort to reduce overcrowding in Correctional Institutions, as well as to analyze the considerations of the panel of judges who tend to ignore the double track system and prefer to apply sanctions. imprisonment, as in the Decision of the Tanjung Balai Karimun District Court Number: 119/Pid.Sus/2021/PN Tbk and the Metro District Court Decision Number: 70/Pid.Sus/2021/PN Met. This research method is included in the form of normative juridical research which originates from secondary data and is supported by primary data. The results of this study conclude that placing narcotics abusers in Correctional Institutions actually exacerbates overcrowding which has now reached 109% (one hundred and nine percent). This is what then needs to build a paradigm of stopping criminalization or by decriminalizing narcotics abusers. The concept of decriminalization in question is by implementing a double track system of punishment, as another form of sanction apart from criminal sanctions, such as Portugal and Thailand which have previously implemented this criminal system and have proven successful in reducing overcrowding. This is what then needs to build a paradigm of stopping criminalization or by decriminalizing narcotics abusers. The concept of decriminalization in question is by implementing a double track system of punishment, as another form of sanction apart from criminal sanctions, such as Portugal and Thailand which have previously implemented this criminal system and have proven successful in reducing overcrowding. This is what then needs to build a paradigm of stopping criminalization or by decriminalizing narcotics abusers.
DISPARITAS HAK-HAK PROFESI SECURITY YANG TERIKAT PERJANJIAN KERJA WAKTU TERTENTU Narendra Buwana, Sudibyo Aji; 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 Harijanto, Rachmat; Sirait, Timbo Mangaranap
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 Hariati, Sri
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 Galenso, Nitro; Yuwono, Dian Kurniasari
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 Hariyadi, Luqman; 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; Wantu, Fence M.
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; Andaryuni, Lilik
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.