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

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35334/ay.v2i1.980

Abstract

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
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
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

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35334/ay.v2i1.975

Abstract

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

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35334/ay.v4i1.1022

Abstract

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

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35334/ay.v1i2.970

Abstract

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 Darwis Manurung; Mawardi Khairi; Inggit Akim
JURNAL AKTA YUDISIA Vol 3, No 1 (2018): Jurnal Akta Yudisia Vol. 3 Nomor 1
Publisher : Universitas Borneo Tarakan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35334/ay.v3i1.986

Abstract

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
ANALISIS HUKUM TERHADAP UPAYA PERLINDUNGAN DAN PEMBERDAYAAN NELAYAN KECIL DAN PEMBUDI DAYA IKAN Mohammad Ismail Hairun
JURNAL AKTA YUDISIA Vol 5, No 1 (2020): Jurnal Akta Yudisia Volume 5 Nomor 1
Publisher : Universitas Borneo Tarakan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35334/ay.v5i1.1240

Abstract

Most fishermen and fish breeders live in poverty, are poorly educated and live in an atmosphere of business uncertainty. As part of citizens, they are constitutionally entitled to the protection and empowerment of the state. Therefore, the Republic of Indonesia Law No. 7 of 2016 concerning the Protection and Empowerment of Fishermen, Fish Farmers, and Salt Farmers was born. Two problem statements are raised, namely first; Legis ratio of protection and empowerment of fishermen, and secondly; a form of protection and empowerment of fishers and fish breedersThe research method used is a normative juridical research method because it uses primary and secondary legal materials with a qualitative analysis approach.Based on the results of the study can be concluded first; Legis ratio of protection and empowerment of fishermen and fish cultivators because fishermen and fish breeders are generally categorized as poor, low-educated, and powerless. As part of citizens who are entitled to fair legal recognition, guarantee, protection and certainty, and equal treatment before the law. Philosophically protect fishermen and fish breeders in conducting their business so that they are free or avoiding various problems and subsequently increase capacity in various aspects that benefit them.Both forms of protection for fishermen and fish farmers in the form of providing infrastructure and means of production of business activities, in the form of fishing gear, ships and/or ports, land and water ponds, and irrigation channels, provide guarantees of business certainty, guarantees of risk of catching and cultivating fish and elimination of high-cost economic practices. While the empowerment of fishermen and fish farmers is done by increasing the capacity of fishermen and fish farmers through education and training, fostering a spirit of self-sufficiency through counseling and mentoring, providing opportunities and opportunities for marketing, capital, increasing human resources, providing financing and capital facilities. Keywords; Protection, Empowerment, Fishermen and Fish breeders
KEDUDUKAN PERJANJIAN BERSAMA (PB) TERHADAP PERJANJIAN KERJA BERSAMA (PKB) DALAM HUBUNGAN INDUSTRIAL Muhammad Holy One N Singadimedja
JURNAL AKTA YUDISIA Vol 2, No 1 (2017): Jurnal Akta Yudisia Vol. 2 Nomor 1
Publisher : Universitas Borneo Tarakan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35334/ay.v2i1.981

Abstract

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

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35334/ay.v2i1.976

Abstract

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

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