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Jurnal Akta Yudisia
Published by Universitas Borneo Tarakan
ISSN : 25022253     EISSN : 26865963     DOI : -
Core Subject : Humanities, Education, Social,
Humanities Law, Crime, Criminology & Criminal Justice Social Sciences Other
Jurnal Akta Yudisiaaims to develop legal sciences with focus on providing original essay, legal commentaries, responses to article printed to the journal, both establishes and emerging academic and practioners. Jurnal Akta Yudisia published on January and July. It contains articles on doctrine and scholarship.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 5 Documents
 1 
Search results for , issue "Vol 4, No 2 (2019): Jurnal Akta Yudisia Volume 4 Nomor 2" : 5 Documents clear
PERLAWANAN PIHAK KETIGA (DERDEN VERZET) TERHADAP EKSEKUSI BARANG BUKTI ATAS PUTUSAN PENGADILAN YANG TELAH BERKEKUATAN HUKUM TETAP( INKRACHT VAN GEWIJSDE) TERKAIT TINDAK PIDANA Fatria Gunawan
JURNAL AKTA YUDISIA Vol 4, No 2 (2019): Jurnal Akta Yudisia Volume 4 Nomor 2
Publisher : Universitas Borneo Tarakan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35334/ay.v4i2.1195

Abstract

ABSTRACT A judge's decision concerning evidence in a criminal case is not closed, possibly causing problems in the future. Including the emergence of resistance by third parties who feel that their rights and interests have been harmed by the evidence.The research method used is a normative juridical research method with a conceptual approach, a legal approach and case approach.Based on the results of the study can be concluded first; Ratio Desidendy the decision of the Binjai District Court Number: 22 / Pdt.Plw / 2012 / PN.BJ dated 21 February 2013 that resistance was the guarantor of Darman's debt to the CV Showroom. Jaya Mobilindo because of the principal agreement to buy and  sell 1 unit of car carried out by Darman with CV Showroom. Jaya Mobilindo, where resistance does not know the relationship between Darman and the Survived Als. Adi related to the a quo car unit. Therefore according to the provisions of article 24 of Law No. 42 of 1999 concerning the Fiduciary Guarantee above, then The opponent should not be burdened with the obligation  to bear the risk of loss of objects that are used as fiduciary guarantees for unlawful acts committed by Suriadi Als. Adi, Defendant in Case No. 265 / Pid.B / 2012 / PN.BJ. Therefore, opponents are third parties with good intentions that must be protected by their rights and interests.Second: The third party's legal efforts to defend civil rights against the execution of evidence related to criminal offenses are by carrying out resistance efforts (derdenverzet. As an extraordinary legal measure used by third parties to refute or fight the execution of seizures carried out by the court. this law is carried out by third parties with the intention that their rights and interests are harmed as a result of the execution of seizure to get legal protection.Criminal legal measures can also be taken by third parties when their interests and rights are harmed as a result of a court decision in a criminal case. Third party property is used as evidence in a criminal case, because it is used by the defendant in committing a crime, so that one of the dictums of the court decision in the criminal case is confiscating evidence for a country that is actually owned by a third party that is not involved am criminal case. Keywords, Derden Verzet, Decision, Execution, Evidence, Criminal Act
PENENGGELAMAN KAPAL TERKAIT TINDAK PIDANA ILLEGAL FISHING SEBELUM ADANYA PUTUSAN PENGADILAN YANG BERKEKUATAN HUKUM TETAP Banan Prasetya
JURNAL AKTA YUDISIA Vol 4, No 2 (2019): Jurnal Akta Yudisia Volume 4 Nomor 2
Publisher : Universitas Borneo Tarakan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35334/ay.v4i2.1196

Abstract

ABSTRACTThis research will be reviewed by the legal facts of the act of sinking illegal fishing vessels conducted by law enforcement officers or fisheries investigators in the Indonesian Fisheries Waters. The sinking of ships was carried out given the increasingly widespread theft of fish by foreign ships. An interesting legal issue to explore is about the sinking of illegal fishing vessels in a review of Indonesia's legal perspective. The purpose of this study is to analyse the sinking of ships related to the crime of illegal fishing before a court decision has permanent legal force, whether it is following applicable law. The next objective is to analyse the legal consequences of the ship sinking in the practice of enforcing illegal fishing criminal acts before a court decision has permanent legal force. This research is legal research with normative legal research type so that the analysis method used is a qualitative study that is built based on legal arguments to answer the problematic issues of this research law. The results showed that the act of sinking illegal fishing vessels in Indonesian fisheries waters by law enforcement officers or Indonesian fisheries investigators, normatively dogmatically, was following the provisions of Indonesian national law, which had been informed in Article 69 Paragraph 4 of Law Number 45 the Year 2009 regarding Fisheries, has also been by the provisions of international law, as regulated in Article 73 of UNCLOS 1982. Furthermore, the legal consequences of the sinking of illegal fishing vessels before the existence of a court decision have permanent legal force, normatively, has juridical implications on three things, namely: First, after the sinking of illegal fishing vessels became the basis for law enforcement officers or fisheries investigators to conduct further investigations within the formal criminal law enforcement framework; Second, the sinking of the ship has a legal effect on the status of the ship that sunk into status as evidence of the proceeds of crime or criminal acts that can be confiscated; Third, the sinking of the illegal fishing vessel has legal implications on the offender who can be subject to the status of a suspect and can even be raised to the status of a defendant of an illegal fishing crime. The author recommends that the Indonesian government through the foreign ministry should make diplomatic efforts to the international community to urge the United Nations to make illegal fishing a transnational crime. The procedure of permanent sinking of illegal fishing vessels, should not only be limited to the regulations of the Director-General of Fisheries but by the Indonesian government in the form of special legislation. Kata Kunci: Penenggelaman Kapal, Illegal Fishing, dan Penegakan Hukum 
LEGAL ADMISSION OF LEGAL SOCIETY CONDUCTING THE NATIONAL PARK OF KAYAN MENTARANG (TNKM) Marthin Marthin; Wiwin Dwi Ratna; Yasser Arafat; Afdhal .
JURNAL AKTA YUDISIA Vol 4, No 2 (2019): Jurnal Akta Yudisia Volume 4 Nomor 2
Publisher : Universitas Borneo Tarakan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35334/ay.v4i2.1197

Abstract

 ABSTRACT The Kayan Mentarang National Park (KNPM) area located in the Heart of Borneo (HoB) in North Kalimantan lives various Dayak sub-tribes. They inhabit and keep the forest so that the forest remains safe and sustainable. Indigenous and tribal peoples who have customary forest areas in which their status of appointment as KMNP initially may receive, so that the process can continue in the inaugural process. But with the development of information and circumstances the situation was changed and now the indigenous people reject the pegat which will be doneThe legal issues that serve as the purpose of this paper are: the recognition of traditional rights of indigenous and tribal communities and the recognition of local wisdom in the management of Kayan Mentarang National Park. Using the normative juridical and customary law approaches that this method is expected to address the issue of law.The dynamics of the development of society and law can change the legal status of both government and customary law community to a legal fact. Forests as natural resources and the environment are constitutionally the government's obligation to regulate them. Inauguration of customary forest as a national park brings legal consequences to rights and obligations. Implementation of laws and regulations is limited by Human Rights. It is necessary to harmonize the law, so that both the interests of indigenous and tribal peoples, as the inhabitants as well as the natural resources, the environment, and the biodiversity as the interests of mankind are not mutually harmful. Keywords: Customary Law Community, Traditional Rights, National Park
POLITIK HUKUM PEMBENTUKAN UNDANG-UNDANG PERLINDUNGAN SAKSI DAN KORBAN, DILIHAT DARI PERLINDUNGAN WHISTLEBLOWER (SAKSI PELAPOR) DAN SAKSI AHLI DI INDONESIA Aris Irawan
JURNAL AKTA YUDISIA Vol 4, No 2 (2019): Jurnal Akta Yudisia Volume 4 Nomor 2
Publisher : Universitas Borneo Tarakan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35334/ay.v4i2.1198

Abstract

Abstract The configuration of legal politics always influences the development (character) of legal products. democratic political configurations always give birth to responsive character laws, the Eradication and Prevention Policy on Corruption, Collusion and Nepotism, which states that there is a need for a law regulating witness protection. In the light of the Witness and Victim Protection Act, it turns out that the law on the protection of witnesses and victims in terms of legal politics has not yet been able to meet the needs of the community. There should have been a government policy in the form of a law to protect the reporting witnesses or also called the Whistleblower, as well as expert witnesses, meaning that the existing laws are not in accordance with community needs (not responsive to community development) Keywords: Politics of Law, Legal Protection, Reporting Witness, Expert Witness
KEWENANGAN PEGADAIAN DALAM MENERBITKAN SERTIFIKAT BATU MULIA DI INDONESIA Alif Arhanda Putra
JURNAL AKTA YUDISIA Vol 4, No 2 (2019): Jurnal Akta Yudisia Volume 4 Nomor 2
Publisher : Universitas Borneo Tarakan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35334/ay.v4i2.1199

Abstract

Abstract Authority of Pegadaian in Issuance of the Certificates of Precious Stones in Indonesia.This research aimed to determine the institution authorized to issue the certificate of the precious stones in Indonesia. This study used the empirical research type to look at the enforcement of the law from the non-legal aspect. The collected data – both primary and secondary data – were analyzed qualitatively. Then, they were described in order to answer the problems of this research.The research results revealed that The authority to issue certificates for the precious stones in Indonesia was given to the authorized and powerful institutes in order to issue certificates for the precious stones in Indonesia, such as the Pawnshop and order private institutes as the actors in the commerce industry of precious stones in Indonesia. Keywords: Authority, The Pawnshop, Certificates of Precious Stones.

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