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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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PENYELESAIAN SENGKETA BATAS ANTAR DAERAH Andre Junianto Patongloan
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.v4i1.1023

Abstract

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.
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

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35334/ay.v1i2.971

Abstract

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 Wiwin Dwi Ratna; Zulvia Makka
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.v3i1.987

Abstract

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
Model Pembangunan Kawasan Perbatasan Kalimantan Utara Yang Berpihak Pada Masyarakat Hukum Adat Basri Basri
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.v5i1.1304

Abstract

iAbstract               The North Kalimantan Border Area is largely inhabited by indigenous peoples. Development of Border Areas is a necessity, because the development of border areas is part of national development. Indigenous peoples in the border region have the character and local wisdom that determines with other communities, so that the development model in other regions does not necessarily show partiality to the indigenous peoples in the border region. There are two questions in this study; first, regarding the characteristics of the border problems of North Kalimantan Province and their implications for indigenous peoples,? and secondly; Does the development model in the border area favor indigenous peoples?               This type of research is normative juridical research, with qualitative analysis. The research objective to be achieved is to produce an appropriate development model applied in areas that connect to the copyright of indigenous peoples in the border region, and produce specific findings for. Reducing legal and policy barriers in finding development models in the border region in North Kalimantan that favor the indigenous peoples.Keywords; Models, development, indigenous peoples, borders
Penyelenggaraan Pembangunan NKRI Menuju Negara Maritim Berdasarkan Prinsip Negara Kepulauan Aryono Putra; Yasser Arafat
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.v3i1.982

Abstract

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
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.
KEWENANGAN DEWAN PEMBINA DAN PENGENDALI PENGELOLAAN KOLABOATIF (DP3K) TAMAN NASIONAL KAYAN MENTARANG (TNKM) NASIONAL KAYAN MENTARANG (TNKM) Muhammad Gunawan
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.v2i1.977

Abstract

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.
EFEKTIFITAS LEMBAGA SENTRA PENEGAKAN HUKUM TERPADU (GAKUMDU) DALAM MENEGAKKAN KEADILAN PEMILU Muhammad Ilham Agang
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.v4i1.1025

Abstract

 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.
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

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35334/ay.v1i2.972

Abstract

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 Mardiana Arsjad
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.v3i1.988

Abstract

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

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