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<![CDATA[PERTANGGUNGAN KECELAKAAN PENUMPANG ANGKUTAN BERBASIS APLIKASI ONLINE DALAM PERLINDUNGAN DASAR PEMERINTAH ]]>
<![CDATA[Guntur Rubyantoro Kusumo]]>
<![CDATA[ JURNAL AKTA YUDISIA Vol 3, No 1 (2018): Jurnal Akta Yudisia Vol. 3 Nomor 1 ]]>
Publisher : <![CDATA[Universitas Borneo Tarakan ]]>
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DOI: 10.35334/ay.v3i1.983
<![CDATA[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]]>
<![CDATA[PERLINDUNGAN HUKUM TERHADAP NASABAH KORBAN DUPLIKASI DATA BANK DI INDONESIA ]]>
<![CDATA[Dikha Anugrah]]>
<![CDATA[ JURNAL AKTA YUDISIA Vol 5, No 1 (2020): Jurnal Akta Yudisia Volume 5 Nomor 1 ]]>
Publisher : <![CDATA[Universitas Borneo Tarakan ]]>
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DOI: 10.35334/ay.v5i1.1205
<![CDATA[Peran teknologi informasi disemua sektor kehidupan manusia sangat penting tak terkecuali dalam dunia perbankan. Kemajuan sistem perbankan tidak dapat dipisahkan dengan peranan teknologi informasi. Berbagai kejahatan dalam dunia teknologi informasi juga dapat berlaku pada industri perbankan, salah satunya adalah duplikasi data nasabah yang dapat merugikan nasabah sehingga nasabah perlu mendapatkan perlindungan hukum. Penelitian ini bertujuan untuk mengetahui perlindungan hukum terhadap nasabah korban duplikasi data bank ditinjau dari Undang-Undang No. 10 Tahun 1998 Tentang Perbankan dan Undang-Undang No. 11 Tahun 2008 Tentang Informasi Dan Transaksi Elektronik. Penelitian ini bersifat deskritif analisis, menggambarkan peraturan perundang-undangan yang berlaku dan berkaitan perlindungan hukum terhadap nasabah dari kejahatan teknologi informasi berdasarkan undang-undang perbankan dan ITE. Metode pendekatan yang digunakan oleh penulis adalah metode pendekatan yuridis normatif dengan memahami, menguji, dan mengkaji data sekunder. Berdasarkan hasil penelitian diketahui bahwa perlindungan hukum terhgadap nasabah korban duplikasi data berdasarkan Undang-undang perbankan belum dibahas secara mendetail terutama secara hukum pidana, sementara berdasarkan undang-undang informasi dan transaksi elektronik perlindungan hukum dijabarkan dalam pasal-pasal yang berkaitan dengan penyalahgunaan transaksi elektronik dan dapat dikenai hukuman pidana. Kata Kunci: duplikasi data, skimming, perlindungan nasabah, tindak pidana perbankan, tindak pidana elektronik ]]>
<![CDATA[CyberNotary Dalam Penyelenggaraan Sertifikasi Elektronik ]]>
<![CDATA[Budi Agus Riswandi]]>
<![CDATA[ JURNAL AKTA YUDISIA Vol 2, No 2 (2017): JURNAL AKTA YUDISIA VOLUME 2 NOMOR 2 ]]>
Publisher : <![CDATA[Universitas Borneo Tarakan ]]>
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DOI: 10.35334/ay.v2i2.1543
<![CDATA[Abstract Technically there are five principles of an electronic transaction is declared safe, which contains the principle of authenticity, integrity, non repudation, writing and signature and confidenciality. In order to realize these five principles is legally set forth in the form of electronic certification. Electronic certifications are electronic certificates containing Electronic Signatures and identities that indicate the legal status of the parties in the Electronic Transactions issued by the Electronic Certification Operator. One of the institutions providing electronic certification is an electronic certification reliability institution. This institution is independent and filled by professionals, one of which is notary profession. From this comes the concept called cybernotary. This paper is intended to describe cybernotary degan based on the method of normative research conceptually derived data bibliography Keyword: CyberNotary, Sertificate, Law]]>
<![CDATA[REPUDIASI DALAM PEMENUHAN PRESTASI KONTRAK PENGADAAN BARANG/JASA PEMERINTAH ]]>
<![CDATA[Chrestella Chrestella]]>
<![CDATA[ JURNAL AKTA YUDISIA Vol 5, No 2 (2020): JURNAL AKTA YUDISIA VOLUME 5 NOMOR 2 ]]>
Publisher : <![CDATA[Universitas Borneo Tarakan ]]>
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DOI: 10.35334/ay.v5i2.1911
<![CDATA[Abstract Government goods/services is never free from contracts. The contract is the basis of every action / achievement carried out both by the Government as the user of the goods / services and the Provider as the provider of the goods / services. In the process of running a contract is very prone to conflict / dispute between the parties. On average, contract conflicts up to contract disputes take place after the contract expires so that they can be carried out through courts or alternative dispute resolution institutions stipulated in the law. However, teh main point is this study is the contract conflict that has not been a contract dispute because the contract has not ended (the periode of contract execution) or the contract has not started (pre-contract). Can it be called a default if the contract has not been completed and there are parties who want to cancel the contract? Do the principles of goodfaith and balance apply to contracts where one of the parties is the government?Based on this, the following matters will be examined: 1) The principle of good faith in the government through contract repudiation to prevent breach of contract; 2) The principle of balance in the implementation of contract repudiation of government goods/service procurement. The research method used a normative juridical method with statutory and conceptual approaches. From the results of the study, it was concluded that in the case of the Government with the principle of good faith and proportional balance of contracts through Repudiation efforts trying to prevent harmful things such as defaults when the Government considers that the contract cannot be continued. The value of good faith as the most fundamental basis coupled with balance values in accordance with its portion or the so-called proportional principle must really be the most serious concern in making contracts not only to safeguard the rights and obligations of the parties but more importantly to achieve the purpose of the contract that is the fulfillment of government goods / services. Keywords : Repudiation, governement, contract, good faith, proportional.]]>
<![CDATA[Keabsahan Identitas dalam Administrasi Kependudukan ]]>
<![CDATA[Afdhal Afdhal]]>
<![CDATA[ JURNAL AKTA YUDISIA Vol 3, No 2 (2018): Jurnal Akta Yudisia Volume 3 Nomor 2 ]]>
Publisher : <![CDATA[Universitas Borneo Tarakan ]]>
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DOI: 10.35334/ay.v3i2.1549
<![CDATA[Abstract This study aims to identify and explain the purpose of sticking client fingerprint To identify and explain the legal status of fingerprints on Electronic citizen Card (E-KTP) with sticking client fingerprint on the public administration.The research was conducted as an Empirical legal research with socio-legal research approach. The data were collected using structured interview techniques. Data were analyzed qualitatively.The results of the study explained that the purpose of sticking clien fingerprint has not completely realized the legal assurance the correct fingerprint, consequently administration can not use the fingerprint data effectively. Fingerprints used by notaries and fingerprints appear on electronic citizen card have a legal status as authentic evidence of the a citizen’s identity. Implementation sticking fingerprints do Civil Registry Office has a mechanism and standard operating procedure from the stage of registration, data entry and verification of data so that the results can be used as the information and valid. But sticking obligation fingerprint notaries do is rely on the interpretation of each requires a considerable time in the match the data client Purpose, Fingerprints, Public Administration]]>
<![CDATA[UPAYA HUKUM KREDITOR SEBAGAI PENANGKAL RISIKO HAPUSNYA HAK ATAS TANAH YANG DIAGUNKAN ]]>
<![CDATA[Ghansam Anand]]>
<![CDATA[ JURNAL AKTA YUDISIA Vol 2, No 2 (2017): JURNAL AKTA YUDISIA VOLUME 2 NOMOR 2 ]]>
Publisher : <![CDATA[Universitas Borneo Tarakan ]]>
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DOI: 10.35334/ay.v2i2.1544
<![CDATA[ABSTRACT The creditor certainly wants a position that is not the same as other creditors, because the same position with other creditors means getting equal rights with other creditors of the proceeds from the sale of the debtor's property, if the debtor is liable to the promise. The balanced position does not provide certainty of guaranteed return of receivables. The more creditors of the debtor are concerned, the less likely it is to guarantee the return of the receivable if for some reason the debtor becomes insolvent (unable to pay its debts). The procurement of legally guaranteed copyrights is to provide a position for a particular creditor to take precedence over other creditors. It is also the objective of the existence of Mortgage Rights as regulated by Law Number 4 Year 1996 concerning the Right of Million of Land and Land Related. One of the events that eliminated the Mortgage right is mentioned in Article 18 paragraph (1d) UUHT, that as the last mentioned basis for the abolition of Mortgage right is the abolition of land rights. The abolition of land rights takes place over time, for which the right is granted. Rights that are lower in rank than property rights such as the right to use, the right to use and the right to use are limited in time, even if physically still exist. With the termination of the rights to the land concerned, the rights to the land concerned shall return to the concerned owner or owner and if such right is granted by the state, then the land is returned to the state power. Thus, the creditor of the dependent will lose his position as the preferred creditor. Keywords: Creditors, Debtors, Deposit Rights]]>
<![CDATA[KEDUDUKAN PERATURAN MENTERI TERHADAP PEMBENTUKAN PERATURAN DAERAH ]]>
<![CDATA[Riski Riski]]>
<![CDATA[ JURNAL AKTA YUDISIA Vol 5, No 2 (2020): JURNAL AKTA YUDISIA VOLUME 5 NOMOR 2 ]]>
Publisher : <![CDATA[Universitas Borneo Tarakan ]]>
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DOI: 10.35334/ay.v5i2.1912
<![CDATA[Regional Regulation which in principle are formed in the context of carrying out government affairs which are the authority of the regions, in fact are considered to be contrary to ministerial regulation. This is because the position and content of the ministerial regulation has not been regulated in the Law on the formation of regulation, while the level of dynamics of change is very high and fast compared to local regulations whose formation is influenced by political interests in the region and requires a long time. The problems discussed in this study were the legis ratio of the position of ministerial regulation according to Law Number 12 of 2011 concerning the formation of regulations and the juridical implications of the position of ministerial regulation on the formation of regional regulations. This study aimed to determine the legis ratio of ministerial regulation according to Law Number 12 of 2011 concerning the formation of legislation and the juridical implications of the position of ministerial regulation on the formation of regional regulations. This research was expected to contribute thoughts both theoretically and practically to the dynamics of legal development in Indonesia. The research used normative juridical method that consisted of primary, secondary and non legal materials. From the results of the study it was concluded that, First, the position of ministerial regulation is a legislation that was formed based on the order of higher legislation (delegated legislation), while ministerial regulation which was formed based on authority is a policy regulation (Beleidsregel). Second, regional regulation must refer to and base their formation on ministerial regulation, if the ministerial regulations is formed based on the authority of attribution and/or delegation of the formation of legislation and its position contained in the hierarchy of statutory regulations and not formed based on the authority to administer government affairs (Bestuur). Keywords: Status of Regulations, Ministerial Regulation, Regional Regulation]]>
<![CDATA[PEMBATALAN PUTUSAN BADAN PENYELESAIAN SENGKETA KONSUMEN MELALUI PENGADILAN NEGERI ]]>
<![CDATA[Darwis Manurung]]>
<![CDATA[ JURNAL AKTA YUDISIA Vol 3, No 2 (2018): Jurnal Akta Yudisia Volume 3 Nomor 2 ]]>
Publisher : <![CDATA[Universitas Borneo Tarakan ]]>
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DOI: 10.35334/ay.v3i2.1550
<![CDATA[Abstract Litigation dispute resolution is the settlement of a dispute through a court which results in a win and lose decision. The decision gives the one party wins and the other party loses. Non-litigation dispute resolution is the settlement of a dispute outside the court where it produces a win-win solution.Based on the Decree of the Minister of Industry and Trade of the Republic of Indonesia Number: 350 / MPP / Kep / 12/2001 concerning Implementation of Duties and Authorities of the Consumer Dispute Settlement Agency Article 3 Letter a states that the dispute resolution process in BPSK can be pursued in three ways, namely by means of Conciliation, Mediation or Arbitration. Through these three ways of resolving it is expected to produce a decision that provides a win-win solution for the parties. However, it is inevitable that in reality not all decisions made by BPSK with this arbitration will give satisfaction to the parties.The purpose of writing this paper is to find out the authority of the District Court to cancel the BPSK Decision and also know how to file an objection to the BPSK Decision.The authority of the District Court to cancel the BPSK Arbitration verdict is based on Article 58 UUPK and Article 41 paragraph (3) Decree of the Minister of Industry and Trade of the Republic of Indonesia Number 350 / MPP / Kep / 12/2001.]]>
<![CDATA[PERLIDUNGAN JUSTICE COLLABORATOR TINDAK PIDANA KORUPSI ]]>
<![CDATA[Jupri Jupri]]>
<![CDATA[ JURNAL AKTA YUDISIA Vol 2, No 2 (2017): JURNAL AKTA YUDISIA VOLUME 2 NOMOR 2 ]]>
Publisher : <![CDATA[Universitas Borneo Tarakan ]]>
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DOI: 10.35334/ay.v2i2.1545
<![CDATA[ABSTRACT The guaranted of protection to a Justice Collaborator is stipulated in Article 32 of the United Nations Convention Against Corruption, 2003) as ratified as Law Number 7 Year 2006 stipulates that each State Party is obliged to provide physical and psychological protection against witnesses and experts in the disclosure of criminal acts of corruption. As the development progresses of corruption disclosure in Indonesia, the arrangement of Justice Collaborator is then started to be regulated explicitly in Law Number 31 Year 2014 on Protection of Witness and Victim. Although physical, legal and special protection guarantees against the Justice Collaborator already exist. In fact, in the disclosure of a crime of corruption committed crime, a witness of the perpetrator who cooperates with law enforcement gets bullied until threats are killed. For example in the disclosure of corruption cases involving a number of politicians Political Parties in Indonesia. Keywords: Justice Collaborator, Protection, Corruption ]]>
<![CDATA[Pemerintahan Pada Masa Transisi Pergantian Kepala DaerahDalam Perspektif Otonomi Daerah ]]>
<![CDATA[Abdul Azis Hasan]]>
<![CDATA[ JURNAL AKTA YUDISIA Vol 5, No 2 (2020): JURNAL AKTA YUDISIA VOLUME 5 NOMOR 2 ]]>
Publisher : <![CDATA[Universitas Borneo Tarakan ]]>
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DOI: 10.35334/ay.v5i2.1913
<![CDATA[Abstract Two problem formulations were discussed in this study, namely the politics of law of governance in the transition period of the replacement of regional heads in Indonesia and the organizational design and governance work in the transition period of the replacement of regional heads in the perspective of regional autonomy. As a normative legal research, it used the statute and the conceptual approaches. Based on the results of the study it was concluded that the politics of law of regional governance in the transition period of the replacement of regional heads in Indonesia are partially regulated in Law Number 10 of 2016 where regional heads are prohibited from replacing officials 6 (six) months prior to the date of the nomination of candidate pairs up to the end of the term of office and 6 (six) months from the date of inauguration unless obtaining written approval from the Minister. Furthermore, in Regulation of the Minister of Home Affairs No. 86 of 2017, it is regulated that the formulation of vision, mission and program of candidates for regional head and deputy regional head must be guided by the RPJPD and if there is a time lag between the elections until the inauguration of the elected regional head exceeds a period of 6 (six) months, the draft the RPJMD technocracy can be refined by referring to the vision, mission, and program of the elected regional head. The implementation of the two regulations has the potential to violate the principles of regional government implementation, namely professionalism, public Intertest, and effectiveness. In order to minimize the potential violations of the principle of regional government implementation, it is necessary to revise Law Number 10 of2016 and Permendagri Number 86 of 2017. Keywords: Regional Government, Transition Period Substitution of RegionalHeads, Transition ]]>
