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Jurnal Akta Yudisia

aktayudisia
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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 127 Documents

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KEWENANGAN PT. PELINDO IV TARAKAN TERHADAP HAK ATAS TANAH DAERAH LINGKUNGAN KERJA PELABUHAN Kurniawan, Endy
JURNAL AKTA YUDISIA Vol 1, No 2 (2016): Jurnal Akta Yudisia Vol. 1 Nomor 2
Publisher : Universitas Borneo Tarakan

Abstract The title of the research is to " LAW REVIEW THE LAND ENVIRONMENT WORKING OF PORT AREAS (DLKr) PT. PELINDO IV OF TARAKAN. The purpose of this research is to analyze the authority of PT PELINDO IV Tarakan as holders of land rights in the form of Rights Management (HPL) the land environment working of port areas. In addition, the study also to analyze the land of rights can be given to the people on ) the land environment working of port areas or coastal region. This Research to use normative legal method to study with the type of normative juridical. As for the approach used in this study is the statute approach and conceptual approach. Sources of legal materials used are primary, secondary and tertiary legal material. Legal materials collection techniques used this study to collect and analyze the Regulation in relating to the legal issues raised, as well as collecting the conceptual framework and legal theory to be the basis of analyzing the legal issues studied. PT. PELINDO IV of Tarakan has the authority to the land environment working of port areas with Right to used (HPL) contained in the Joint Decree of the Minister of Home Affair and Minister of Transportation Number 31 of 1992 K.M Number 9 of 1992 concerning frontier Work Environment Ports. In the fourth dictum of the Joint Decree of the Minister of Home Affair and Minister of Transportation, PT. PELINDO IV of Tarakan required to complete the land registration process in the Land Office in accordance with applicable regulations. Until now PT. Pelindo IV Tarakan not enroll all of the land which they are entitled and limitations affect the authority of PT. Pelindo IV Tarakan on the overall the land environment working of port areas.?Keynote : Land Law, HPL, Law Review

KEDUDUKAN SIGHAT TAQLIQ TALAQ DALAM HUKUM ISLAM Muhja, Zainal Abidin
JURNAL AKTA YUDISIA Vol 4, No 1 (2019): Jurnal Akta Yudisia Volume 4 Nomor 1
Publisher : Universitas Borneo Tarakan

Weddings are performed by bond of trust , means that men and women who were married in the territory of the Republic of Indonesia shall have the religion together . The principle of the law of marriage is absolute means to not have a period of time dalaluarsa . Marriage must also be registered at the Office of Religious Affairs and registered atNote Civil . Marriage is an agreement between a man and a woman in the scope of family law . Marriage is a worship that will continue to take place up in heaven . By because it's every couple must keep the rope marriage that is not interrupted and canceled . Inamong those who cancel the marriage are divorce. Divorces according to Language is decided bond . As for the term fiqhi is decided bond of marriage with the pronouncement of talaq or that convey the same to the pronouncement of divorce . This study discusses "the effect of the Sighat Tak'lik agreement on the marriage bond in Sharia and its impact on divorce in religious courts in Tarakan City "The research is aimed to know the result of treaty sighat Tak'lik and its impact on the divorce that happened in court Religion Tarakan City and knowing Forms agreement sighat Tak'lik who cancels wedding in sharia . The type of research that is used is the study of law Juridical Normative among others case approach, conceptual approach and statute approach. Case approach is? the approach by way of doing research on the case - a case that relates to the issues that face .???????????? Keywords: Sighat Taqliq , Talaq, Marriage , Marriage , Shariah

MEMPERLUAS MAKNA ZINA DALAM GUGATAN PERCERAIAN (Studi kasus putusan Pengadilan Agama Tigaraksa No. 1538/Pdt.G/2013/PA.Tgrs) Sanjaya, Umar Haris
JURNAL AKTA YUDISIA Vol 1, No 2 (2016): Jurnal Akta Yudisia Vol. 1 Nomor 2
Publisher : Universitas Borneo Tarakan

Abstract This study focused on discussing the meaning of zina laws that existed at the Compilation of Islamic Law and Government Regulation No. 9 Year 1975 on the implementation of Law No. 1 Year 1974 on Marriage, which the courts in applying the word adultery should also look at the changing patterns of behavior and adultery today. Adultery should no longer be defined as sexual intercourse with the entry of male into the female sex, but the behavior of adultery was bermcam-wide one is oral sex. Behavior oral sex is a matter of a lawsuit against a husband and wife on the grounds of adultery lawsuit, but the court rejected it. This study contains the problem is how judges interpret the word adultery in making judgments in divorce? whether oral sex can be classified into the word adultery? The study found that oral sex by law can not be regarded as adultery, but the act of adultery into. Proof of adultery can only be recognized when the entity relationship entry into the male female sex. In conclusion, the judges interpret the meaning of the word adultery adultery per se, but the behavior of adultery are now widely different patterns and actions. Justice should not only look at the regulations simply make judgments, but look at the pattern of behavior or adultery committed in defining the word adultery.Keywords: adultery, oral sex, meaning law

ASPEK HUKUM LABORATORIUM FORENSIK KEIMIGRASIAN: STUDI KASUS PEMERIKSAAN PASPOR PALSU KEBANGSAAN INGGRIS ATAS NAMA ABBAS TAUQEER Syahrin, Muhammad Alvi
JURNAL AKTA YUDISIA Vol 3, No 1 (2018): Jurnal Akta Yudisia Vol. 3 Nomor 1
Publisher : Universitas Borneo Tarakan

ABSTRACTIncreased traffic flow of people entering and leaving Indonesia, had causing various level of immigration crimes. Passport fraud as a crime committed by replacing, altering part or all of a passport, or using false information to receive a passport, has become a serious matter now. Currently, almost all the proof of counterfeit passport process is checked in the Immigration Forensic Laboratory at the Immigration Intelligence Directorate. The formulation of the problem studied in this paper is how the role and challenge of Immigration Forensic Laboratory in conducting examination of fake passport on behalf of Abbas Tauqeer. The research method used is normative and empirical legal research. Based on the results of the research can be seen that the Immigration Forensic Laboratory has an important role as the center of examination of fake immigration documents consisting of several technical stages. Forensic analysis of the case found damage to passport biodata pages, different types of letters on passport biography, photos and biodata replaced, passport chips damaged, and unreadable chips in Automatic Document Reader. Then, the challenges faced include the lack of human resources, facilities and infrastructure has not been representative, the absence of Standard Operational Procedure (SOP), and the lack of care of officers in the field.Keywords: Immigration Forensic Laboratory, Counterfeit Passport

PENERAPAN PERTANGGUNGJAWABAN PIDANA BADAN USAHA (KORPORASI) DALAM KETENTUAN YANG BERKAITAN DENGAN HUKUM LINGKUNGAN Manullang, Herlina
JURNAL AKTA YUDISIA Vol 2, No 1 (2017): Jurnal Akta Yudisia Vol. 2 Nomor 1
Publisher : Universitas Borneo Tarakan

AbstractMany things in human life has been affected by a legal entity (corporation), if the positive effect is certainly no need to worry, but just a lot of influence has been harmful to individuals and society at large. Criminal Code as the legal basis in criminal legislation only mentions that a criminal act can only be done by an individual (naturlijk person) is not a business entity (corporation). This has led to the growth of various laws outside the Criminal Code that recognizes the position of a business entity (corporation) as subjects of criminal law, especially in the provision of environmental law. Recognition notch business entities (corporations) as the subject of criminal law in environmental law provisions certainly result in the criminal responsibility.Keyword: Legal Entity, environmental Law, Criminal

BERITA BOHONG (HOAKS) PADA MEDIA SOSIAL DALAM PERSPEKTIF PERUNDANG-UNDANGAN DI INDONESIA Susilowati, Anny Susilowati
JURNAL AKTA YUDISIA Vol 4, No 1 (2019): Jurnal Akta Yudisia Volume 4 Nomor 1
Publisher : Universitas Borneo Tarakan

Abstract?This research is motivated by the rise of hoaxes every time before the? Presidential Election (Pilpres) in Indonesia. Later hoaxes are increasingly massive? and have entered all lines of life, so it is very difficult to determine which news is? good and where lies. For this reason, it is necessary to clarify the formulation of? juridical regulations, regarding hoax aspects that can be held accountable.This research then sets two goals, namely: First, to analyze and explain a number of laws and regulations relating to hoaxes; Second, to analyze and explain? the hoax criteria contained in social media.This research method uses a type of normative legal research, with three approaches as the basis of its analysis, namely: Approach to legislation, namely to? conduct an analysis of legislation about hoaxes, with a review of relevant product? laws. Conceptual approach, through this approach, researchers study views and? doctrines in law, then find ideas that give birth to legal notions, legal concepts and? legal principles relevant to hoaxes. As well as the case approach, namely by? examining cases relating to the issues faced which have become court decisions and have permanent legal force.The results showed that hoax qualifications that could be liable by? referring to Law Number 1 Year 1946 concerning Criminal Law Regulations,? Article 14 and 15 and Law Number 19 Year 2016 concerning amendments to Law? Number 11 Year 2008 concerning Electronic Information and Transactions (ITE)? article 28 paragraph (1). In Law No. 1 of 1946 the perpetrators can be charged if they have fulfilled the element intentionally or have the intention to cause trouble? and the person must at least have the presumption that the news is false news.? Whereas in Act No. 19 of 2016 the culprit can be snared if everyone intentionally? means that they have bad intentions and without the right to spread false and? misleading news, which means making other people astray which results in consumer losses in electronic transactions. Deliberately, making a misguided and making consumer losses is a requirement that must be fulfilled. So that in article 45 A paragraph 1, the culprit can be sentenced to six years imprisonment and a fine of Rp1 billion.Researcher's recommendation, It is recommended that the action? qualifications spread hoaxes on social media that accountability can be requested? in a more specific law, namely social media law. This is to anticipate the? development of social media going forward.?Keywords: News, Hoax News, Social Media, and ITE Law?

PENCATATAN PERKAWINAN TINJAUAN BERDASARKAN UNDANG-UNDANG NOMOR 1 TAHUN 1974 TENTANG PERKAWINAN DAN HUKUM ISLAM Basri, Basri
JURNAL AKTA YUDISIA Vol 2, No 1 (2017): Jurnal Akta Yudisia Vol. 2 Nomor 1
Publisher : Universitas Borneo Tarakan

AbstractThe main problem in this research is, the marriage registration linked to the validity of a marriage according to Law No. 1 of 1974 and the Law of Islam as well as the legal consequences of marriage were not recorded according to Law No. 1 of 1974 and the Law of Islam.This research is penelitianYuridis Normative namely legal research using secondary data sources in the form of literature votes. research that emphasizes the science of law, tried to examine the legal principles that apply in the community and as supporting research carried Normative method.Marriage has been done according to the law of each religion and his belief that (a valid marriage according to religious law) must be registered in order to obtain legal protection. However, registration of marriage it does not specify when the validity of the marriage because of the validity of marriage is at the time held Munurut law of each religion and belief. Registration of marriages serves to record the occurrence of law concerning marriage, as well as the listing on the birth.The legal consequences of marriage were not recorded, although the religion or belief was valid, but the marriage conducted without the knowledge and supervision of employees marriage registrar does not have the force of law is certain. By law, it would be difficult demanding livelihood and legacy of the husband if the husband dies. Additionally wife is not entitled to the property (Gono-gini) in case of separation. The next legal consequences are children from the marriage that can not be listed deemed illegitimate children unless there is recognition of a father or a court decision.Although the validity of marriage is returned to the law of each religion and belief but the registration of marriages should be made legal by the state so that protection can be implemented to the maximum. And registration of marriages should be made at the same time with the implementation of the marriage.?Keywords: Registration, Marriage, Validity

KEWENANGAN BADAN PENGELOLAAN LINGKUNGAN HIDUP DALAM MELAKUKAN MEDIASI KASUS LINGKUNGAN (Studi kasus pada BPLH Kota Tarakan) Ratna, Wiwin Dwi
JURNAL AKTA YUDISIA Vol 1, No 2 (2016): Jurnal Akta Yudisia Vol. 1 Nomor 2
Publisher : Universitas Borneo Tarakan

Abstract Amendments to the laws on local government undnagan impact on local government authority in running the affairs of government. For 10 years Indonesian running the regional autonomy system using Law No. 32 of 2004 on local government, and amendments thereto, for the moment the law declared invalid by the enactment of Law No. 23 Year 2014 on Regional Government, the State Gazette of the Republic of Indonesia Year 2014 No. 244, on October 2, 2014. in the Act governing the affairs of government that must be done by the central government, provincial government and local government district / city. Some affairs are regulated in more detail in the Government Regulation No. 18 Year 2016 concerning the Region, which regulates the scope of authority in dealing with government affairs. PP No. 1/2016 outlining the areas that must be held in an area with indicator, scale of values that can be found local work load. Environmental Management itself in Law number 23/2014 and Government Regulation No. 1/2016 is a category / classified in the Mandatory government affairs unrelated to basic services.Keywords: Local authorities, Environment, government affairs

TANGGUNG JAWAB PERUSAHAAN DALAM PEMENUHAN JAMINAN SOSIAL KETENAGAKERJAAN DI KOTA TARAKAN Manurung, Darwis
JURNAL AKTA YUDISIA Vol 3, No 1 (2018): Jurnal Akta Yudisia Vol. 3 Nomor 1
Publisher : Universitas Borneo Tarakan

ABSTRACT?Social security constitutes As a part of constitutional right for every citizen as mentioned in article 28 letter h paragraph 3 of the 1945 Constitution which states that everyone is entitled to social security which enables to development dignified human being. In addition, the provisions of Article 34 paragraph 2 of the 1945 Constitution also states that the state develops social security system for all people and empower the weak and incapable in accordance with human dignity. The fulfillment of labor rights by the company is a mandate of Law Number 13 Year 2003 on Manpower Article 86 paragraph 1 which states that every worker / laborer has the right to obtain protection for safety, health, morals, morals and treatment in accordance with the dignity and human dignity and religious values.Company policy in fulfilling labor rights on social security of labor is done through Collective Labor Agreement (PKB). In order to ensure the fulfillment of the right to social security of employment the Government of Tarakan City has issued Tarakan Mayor Instruction Number 2 Year 2014 on the Implementation of BPJS Employment Program through Licensing Administration in Tarakan City requiring employers / apprentices applying, extending permits to self-preservation and employee in BPJS Employment before the issuance of company licensing documents. The legal consequences for non-self-employed companies and their employees in the Employment BPJS program are subject to administrative sanctions to the imposition of criminal sanctions. While the legal consequences for the workforce are not able to claim compensation to BPJS Employment if experiencing work accident, death, pension and old age pension.?Keyword: Rights of Worker, Company, Employment BPJS

KEDUDUKAN PERJANJIAN BERSAMA (PB) TERHADAP PERJANJIAN KERJA BERSAMA (PKB) DALAM HUBUNGAN INDUSTRIAL Singadimedja, Muhammad Holy One N
JURNAL AKTA YUDISIA Vol 2, No 1 (2017): Jurnal Akta Yudisia Vol. 2 Nomor 1
Publisher : Universitas Borneo Tarakan

ABSTRAKLegally that the relationship between workers and employers are the same even though the socio-economic position between employees and employers is different, the nature of the employment law has resulted in employment relationships are not always harmonious between workers / unions and employers in industrial relations, the number of employers who eliminate or reduce workers' rights to conduct collective bargaining (PB) to deviate the collective Labour agreement (CLA), whereas in the company there has been a Labour agreement (CLA) is still valid by reason of the collective labor agreement (CLA), which is not in accordance with laws and regulations.The conclusion obtained is that the position of the Collective Agreement (PB) as a Source of Law Autonomous Employment Law is part of the Collective Labor Agreement for the duration of the validity of PKB there are things that do not fit in the employment relationship so it is possible made the Collective Agreement which will then be included in the change PKB with the provisions PB must be registered at the Industrial Relations court, the legal effect of the NT tertentangan with CLA, PB may be declared null and void, cancellation of PB can be done through the judicial land in the area of collective agreements made, since the Industrial Relations court has no competence to resolve disputes cancellation of the Collective Agreement.?Keywords: Position, the Collective Agreement, Working Agreement

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Contact Name
Afdhal

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afdhalmr1@gmail.com

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+6282188161481

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aktayudisia.ubt@gmail.com

Editorial Address
Jalan Amal Lama Nomor 1, Kota Tarakan, Kalimantan Utara

Location
Kota tarakan,

Kalimantan utara

INDONESIA