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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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PENYELESAIAN SENGKETA BATAS ANTAR DAERAH Patongloan, Andre Junianto
JURNAL AKTA YUDISIA Vol 4, No 1 (2019): Jurnal Akta Yudisia Volume 4 Nomor 1
Publisher : Universitas Borneo Tarakan

Abstract?Inter-regional Border Dispute Resolution by Andre Junianto Patongloan and guided by Dr. Marthen B. Salinding, Salinding, SH, MH and Dr. Basri, SH, M.Kn. In a study of this, the formulation of the problem that is raised among others: 1. Urgency Affirmation of Region in the Formation of Territory, 2. Efforts Law Against Settlement Dispute Regional Boundaries. The study is intended to examine is normative and examine the issue of the legal use of the principles of law as well as by using a methodology approach to regulation law - law (statue approach) and the approach of the case (case approach). That regional autonomy is a promising manifestation for the region, which is tight relation to the boundaries of the area that was in the area of autonomous mentioned. Problems boundary area has a dimension that is very complex, such as; conflict social, conflict sources of the power of nature, conflict ethnicity /culture /ethnicity and so forth. Completion tiered by the Governor and the Minister in the State, is a form of public law in the name of the state. The role of the Governor and the Minister in the State shows the behavior of an active state, as affirmed in the principle of the modern state.?Form of settlement of disputes boundary region between regions as part of the implementation of the functions of government found their Autonom organs of government ( vrijbevoegdheid), discretionary or Freiesermessen ), this is because the regulatory legislation that no-load norms are vague ( voge norm), the norm is open (open norm ) or contains a choice (choice) . In this case, it must be understood that what is done by a government organ is not in a capacity as a function of hearing or as a function of legislation. Settlement of disputes boundary region between regions that pursued by the mechanism of the law of the country through the agency of justice which there has been expected to provide legal certainty and a sense of justice. In preventing the confusion of the conflict norm on several levels of regulation law for the settlement of disputes boundary region between regions. the principle of cooperation between regions can be relied upon to translate legal certainty and provide a sense fair for the government area to organize and manage the limits of its territory as one of the supporting creation of the implementation of the autonomous regions that good.Keyword: Establishment of Regional, Local Limits, Settlement Dispute.

PERBUDAKAN SEKSUAL (SEXUAL SLAVERY) SEBAGAI KEJAHATAN KEMANUSIAAN DAN PERANG DI BAWAH HUKUM INTERNASIONAL Rohman, Arif
JURNAL AKTA YUDISIA Vol 2, No 1 (2017): Jurnal Akta Yudisia Vol. 2 Nomor 1
Publisher : Universitas Borneo Tarakan

Abstrac Almost every case of armed conflict both internal conflict and inter-state conflicts, violations that fall into the category of crimes against humanity. One such crime is sexual slavery. Nevertheless, the true multiple instrument products have set about sexual slavery, but in fact violations still occur, so how to regulate the instrument set up and how the application of the instrument. The approach used in this study a statutory approach and approach the case, it is intended to determine the international instruments which regulate and application of the crime of sexual slavery. Sexual slavery has been set up in several instruments and is a violation of the Fourth Geneva Conventions of 1949, Additional Protocol II of 1977, the Universal Declaration of Human Rights, the Rome Statute, anti-torture convention so that it can be regarded as war crimes. Sexual slavery is expressed as slavery not as rape. Evidently some tribunal (ICTY, ICTR, Tokyo Tribunal, and ICC) which has been in effect and entrap the perpetrators of sexual slavery was found guilty.Key words: Sexual slavery, Crime Humanity, War Crimes and International Law

PENERTIBAN DAN PENDAYAGUNAAN TANAH TERLANTAR DALAM RANGKA PENATAGUNAAN TANAH DI KOTA TARAKAN Cariono, Cariono
JURNAL AKTA YUDISIA Vol 1, No 2 (2016): Jurnal Akta Yudisia Vol. 1 Nomor 2
Publisher : Universitas Borneo Tarakan

Abstract The presence of land controlled and / or owned by either existing rights above the ground and based on the new land acquisition in some places there are still many in limbo. Seeing the reality of the field on the wastelands, he made government regulation and government last issued Government Regulation No. 11 Year 2010 on Land Reform and Control of Neglected. Based on this background, the problem is formulated, what basic criteria for establishing a right to the top of the ground as the object of regulating the wastelands, who preferred to get right to the land above the ground of the former wastelands, this research was normative approach legislation conceptual and legal materials. The results showed that the controlling authority is the authority wastelands legacy which the Government (President) delegate to the National Land Agency of the Republic of Indonesia. The mechanism through penertibannya stages: (1) an inventory of land rights or land tenure policies that indicated displaced (2) identification and study of land indicated displaced (3) warning against the rights holder (4) Determination of wastelands. Other Issues Regarding legal protection against former titleholders.Keywords: effectiveness, enforcement, wastelands

PERLINDUNGAN HUKUM TRANSAKSI BISNIS INTERNASIONAL PADA ERA PERDAGANGAN BEBAS Ratna, Wiwin Dwi; Makka, Zulvia
JURNAL AKTA YUDISIA Vol 3, No 1 (2018): Jurnal Akta Yudisia Vol. 3 Nomor 1
Publisher : Universitas Borneo Tarakan

ABSTRACTThe current international business transaction activity is not difficult, with the advancement of technology, the world provides ample opportunities and opportunities for the international community to make connections between them.. International business transactions are private law studies, where in private law the law provides wider opportunities for each party to make, agree and execute the clauses they make. However, it can not be said that in order to carry out such business activities, the parties must carefully understand and understand the legal norms in the countries of the opposing parties. This will greatly affect the implementation of the agreement. For that reason it is necessary for researchers to clarify the study of legal protection of international business transactions in the era of free trade.The following issues are Legal Principles of International business transactions in the era of free trade and Legal Certainty on International Business transactions. The method used is normative legal research.This research produces the Principles of law of international business transactions can be found in the rules of international treaty law which regulates the provisions of international business transactions. The provisions of the international convention on the Contracts for the International Sale of Goods (CISG) and the UNIDROIT Principle of International Contracts of 1994 and Legal certainty in international business contracts can be seen from the legal source of international business contracts. Not surprisingly, when different business actors of citizenship conduct international business transactions, they will consent to law enforcement of one of the business actors.?Keywords: Legal Protection, International Business Transactions, Free Trade

Penyelenggaraan Pembangunan NKRI Menuju Negara Maritim Berdasarkan Prinsip Negara Kepulauan Putra, Aryono; Arafat, Yasser
JURNAL AKTA YUDISIA Vol 3, No 1 (2018): Jurnal Akta Yudisia Vol. 3 Nomor 1
Publisher : Universitas Borneo Tarakan

ABSTRACT?Indonesia has been deprived of its own true roots as a maritime country. This is the success of the colonial Dutch colonialists who do "devide at empera" in which eventually the nation in the archipelago of this archipelago sees the sea as a separator and inhibitor space.The purpose of this novice lecturer's research is to Know the concept of archipelagic state and maritime state in Indonesia and to prove its implementation in policy and development direction in Indonesia. Is the Government Homeland use in marine activities as a prime mover and a pledge to increase the economy, (2) is supported by a fleet of strong civilian and military, and (3) contribute as much as possible for the prosperity of the people.The research method used in writing this beginner lecturers are socio-juridical legal research methods is often called legal sociological research based school of sociological jurisprudence. Judging from the effectiveness of law or facts that exist in the field which is then compared with the rules of positive law. Field data is used as important information in determining policy and regulatory arrangements and institutions in legal practice for island and coastal communities in Tarakan City, North Kalimantan Province.The results of this study that the Government of the Republic of Indonesia should re-arrange the grand design of a National System oriented to Indonesia as an archipelagic country and the State Archipelago.?Keywords: islands, maritime, country, policy, kaltaraABSTRACT?Indonesia has been deprived of its own true roots as a maritime country. This is the success of the colonial Dutch colonialists who do "devide at empera" in which eventually the nation in the archipelago of this archipelago sees the sea as a separator and inhibitor space.The purpose of this novice lecturer's research is to Know the concept of archipelagic state and maritime state in Indonesia and to prove its implementation in policy and development direction in Indonesia. Is the Government Homeland use in marine activities as a prime mover and a pledge to increase the economy, (2) is supported by a fleet of strong civilian and military, and (3) contribute as much as possible for the prosperity of the people.The research method used in writing this beginner lecturers are socio-juridical legal research methods is often called legal sociological research based school of sociological jurisprudence. Judging from the effectiveness of law or facts that exist in the field which is then compared with the rules of positive law. Field data is used as important information in determining policy and regulatory arrangements and institutions in legal practice for island and coastal communities in Tarakan City, North Kalimantan Province.The results of this study that the Government of the Republic of Indonesia should re-arrange the grand design of a National System oriented to Indonesia as an archipelagic country and the State Archipelago.?Keywords: islands, maritime, country, policy, kaltara

EFEKTIFITAS LEMBAGA SENTRA PENEGAKAN HUKUM TERPADU (GAKUMDU) DALAM MENEGAKKAN KEADILAN PEMILU Agang, Muhammad Ilham
JURNAL AKTA YUDISIA Vol 4, No 1 (2019): Jurnal Akta Yudisia Volume 4 Nomor 1
Publisher : Universitas Borneo Tarakan

?Abstract?Elections are a tangible form of the concept of democracy which is believed to be one form of carrying out government through a "Party" Democracy which should be a party of people who rejoice and have high expectations of the simultaneous election implementation in 2019. Gakumdu as an integrated law enforcement center has an important role in handling election criminal acts. In Article 486 point (1) of Law No. 7 of 2017 explicitly explained the establishment of Gakkumdu intends to equalize the understanding and pattern of handling election criminal acts by the Bawaslu, the Indonesian National Police, and the Attorney General's Office of the Republic of Indonesia. The Gakkumdu members themselves come from the Indonesian National Police and prosecutors from the Indonesian Attorney General's Office.In this paper the central issue is the effectiveness of the integrated Law Enforcement Center (Gakkumdu) in handling every election crime that occurs in each stage of the 2019 General Elections, including seeing what are the problems faced by the Gakkumdu center and what efforts are being made to strengthen the Gakkumdu center.The holding of elections conducted in Indonesia, evidently the procedures and mechanism of elections also influence changes in behavior of both participants, implementers, organizing elections as well as several government and judicial institutions. As for the objects of the formulation of election criminal offenses as formulated in Law Number 7 of 2017 Concerning General Elections, which are classified in line with several qualifications of actions, such as: Criminal acts aimed at everyone, Criminal acts that can be carried out by KPU officers, KPU Province, Regency / City KPU, PPK, PPS and PPLN, made in crimes aimed at implementing the campaign, Criminal acts aimed at election participants proven to receive donations and / or assistance, Criminal acts aimed at state officials / government officials and judicial institutions , Criminal acts aimed at ballot printing companies.

KEWENANGAN DEWAN PEMBINA DAN PENGENDALI PENGELOLAAN KOLABOATIF (DP3K) TAMAN NASIONAL KAYAN MENTARANG (TNKM) NASIONAL KAYAN MENTARANG (TNKM) Gunawan, Muhammad
JURNAL AKTA YUDISIA Vol 2, No 1 (2017): Jurnal Akta Yudisia Vol. 2 Nomor 1
Publisher : Universitas Borneo Tarakan

Abstract KMNP (Taman Nasional Kayan Mentarang) collaborative management essentially an innovation in the management of National Parks in Indonesia that promote mutual interests, shared responsibility, the role and benefits between government, local communities and NGOs. In this paper, the issue raised is the authority of the Dewan Pembina dan Pengendali Pengelolaan Kolaboratif (DP3K) KMNP. The aim of this study was to determine and analyze the authority of the Board of Trustees and Collaborative Management Controller (DP3K) Kayan. This type of research is the study of normative juridical approach to legislation and conceptual approach and the use of primary and secondary law with a qualitative analysis approach. Based on the results, the conclusion that the authority DP3K TNKM among others embodies the aspirations of the parties in order to develop and control the implementation of collaborative management KMNP.Keywords: National Parks, collaborative management, Authority.

KAJIAN PERUBAHAN HUKUM DAN PEREKONOMIAN PADA ERA PERDAGANGAN BEBAS DI SEKTOR PERTANIAN Ariani, Ariani
JURNAL AKTA YUDISIA Vol 1, No 2 (2016): Jurnal Akta Yudisia Vol. 1 Nomor 2
Publisher : Universitas Borneo Tarakan

Abstract National economic development has shown the transformation of the economic structure from agriculture to industry, as well as with the development of the law. Economic indicators showed decline in the share of the agricultural sector as well as an increasing share of the industrial sector in the Gross Domestic Product (GDP) can be bukti.Pertanian in Indonesia is at crossroads jalan.Sebagai supporting the livelihood of millions of Indonesian society, the agricultural sector requires a strong economic growth and rapid .Sektor also need to be one of the main components in the program and the government's strategy to alleviate structural kemiskinan.Transformasi between sectors, it appears that with increasing per capita income, the agricultural sector has decreased the share of the GDP, while the industrial sector on the contrary experienced peningkatan.Kebanyakan developing countries today this has been agreed that the development of industry and agriculture as much as possible to walk semultan. Agriculture provides a market for manufactured goods, feed the urban population, be a source of labor and capital to the industrial sector, as well as generate foreign exchange for the import of machinery and raw materials required by the intermediate industri.Prioritas sector policies to increase food production can be done through the use teknologi.Tipe and direction of technological change is influenced by market forces and pemerintah.Selain research funded research in the country, the source of technological progress is a transfer from outside negeri.Program-local research programs in countries developing in some ways is not replaceable by technology the foreign research results.Keywords: Structural Transformation, GDP, Agricultural Sector, Industrial Secto

GRATIFIKASI PELAYANAN SEKSUAL SEBAGAI TINDAK PIDANA KORUPSI Arsjad, Mardiana
JURNAL AKTA YUDISIA Vol 3, No 1 (2018): Jurnal Akta Yudisia Vol. 3 Nomor 1
Publisher : Universitas Borneo Tarakan

ABSTRACT?????????? This thesis research aims to analyze one of the types of criminal acts of corruption contained in Law? Number? 31? Year? 1999? on? the? Eradication of Corruption which is amended by Law Number 20 Year? 2001, which is about Gratification, in particular the provision of sexual service gifts in some? cases of corruption.The issues raised in this study are whether the provision of sexual services received by public servants or state officials can be categorized as gratification and become a criminal act? corruption. This study also aims to analyze the provision and regulation of legal sanctions for perpetrators of the gratificationof sexual services in Indonesia????????? This study uses the type of normative legal research (normative legal research) because it is still less clear about the regulation of gratification of sexual services as one of the criminal acts of corruption. The approach used in this study is the approach of legislation and conceptual aproach.????????????????????Legal sanctions for Civil Servants and State Officials who commit corruption in accepting the gratification of sexual services may be charged under Article 5 paragraph (2), Article 12 letters a and b or Article 12B of Law Number 31 Year 1999 juncto Law Number 20 of 2001 when it meets its elemental elements. As for the gratification giver can be charged with Article 5 paragraph (1) of Law Number 31 Year 1999 juncto Law Number 20 Year 2001 and the sanction that can be applied to the object of sexual gratification law (women giving sex service) can be charged with article 15 Law Number 31 Year 1999 juncto Law Number 20 Year 2001. The recipients of gratification of sexual services and women who become the object of sexual services and the recipients of sexual services may also be charged under article 284 of the Criminal Code of moral decency if both fulfill the elements in the article. Keywords : Gratification of Sexual Services, Corruption, Proof, Legal sanctions

PERTANGGUNGAN KECELAKAAN PENUMPANG ANGKUTAN BERBASIS APLIKASI ONLINE DALAM PERLINDUNGAN DASAR PEMERINTAH Kusumo, Guntur Rubyantoro
JURNAL AKTA YUDISIA Vol 3, No 1 (2018): Jurnal Akta Yudisia Vol. 3 Nomor 1
Publisher : Universitas Borneo Tarakan

ABSTRACT???????????? The development of technology gave birth to a new system in passenger transportation vehicle, one of that development is online-based transportation. The transportation user is increasing, but there was obscured legal relations between passengers, online-based transportation companies and insurance company. Legal certainty of security guarantee, safety and passenger protection to get insurance according to Law Number 33 Year 1964 also vague from social-security context.??????????? ?This study used normative juridical method. Statute Approach and Conceptual Approach with normative analysis (Content Analysis) used to examine the legal substance that has collected using literature study on the main legal substance sources of Law Number 33 Year 1964 and Law Number 22 Year 2009 .??????????? The results of this research convice that legal relations created between passengers and online-based transportation companies is the conveyance agreement, while the online-based transportation companies with the insurance company is the compulsive insurance, as the premium payer is the online-based transportation companies and the insured is the passenger with State-Owned Enterprise insurance company as the insurer. Guarantee from Law Number 33 Year 1964 given to casualty if the victims get injury or disability, but if they gone, the insurer gave compensation to their heir. The premium amount and passenger insurance was stipulated in Regulation of the Finance Ministry Number 15/PMK/0.10/2017. Insurance scope guarantee from board until debark the online-based transportation. Suicide, vehicle races, accident due to war, and natural disaster makes claim rejected. Insurance expiration is six months from accident, three months since submission, and three months after approval for insurance payments.??Keywords: Coverage, Basic Protection, Onlinse-based Application

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Afdhal

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Jalan Amal Lama Nomor 1, Kota Tarakan, Kalimantan Utara

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Kalimantan utara

INDONESIA