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<![CDATA[REHABILITASI TERHADAP PENYALAHGUNAAN NARKOTIKA DI TINJAU DARI SISTEM PEMIDANAAN INDONESIA ]]>
<![CDATA[Syafruddin Syafruddin]]>
<![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.v3i2.1551
<![CDATA[ABSTRACT This research is motivated by the increasingly widespread use of narcotic in Indonesia, while the illegal use of narcotics can be viewed as a crime that can be imposed criminal sanctions in accordance with the provisions of Law of 35 of 2009. This narcotic law, in the case of punishment to the narcotic user, adheres to double track system, namely repressive sanction and action sanction. Medical rehabilitation is one of the framework of action sanction. On that basis, this research refers to two objectives: Analyzing the existence of rehabilitation for narcotic user in the perspective of the Indonesian punishment system and Analyzing the consequences for rehabilitation in cases of narcotic crime.This research is a legal research with normative law research type. The analytical approach uses a statutory approach and a conceptual approach. Sources of legal materials used in this study are primary and secondary legal materials. Primary sources of law relate to written legal products and secular sources of law covering other relevant literature.The results of research show that the existence of rehabilitation for narcotic user in the perspective of the Indonesian punishment system, is basically one of the forms of sanction which must be undertaken by the user of narcotic who is not the category of dealer, because the philosophy of Law of 35 on 2009 on Narcotic adheres to double track system in the case of sanction for the narcotic user, namely a repressive witness and action sanction, so it can be argued that rehabilitation is a manifestation of the sanction of such action. Furthermore, the determination of rehabilitation for narcotic user based on a judge's ruling may have consequences for drug user to undergo medical rehabilitation as a duty.. Furthermore, the role of government is very important through the National Narcotics Agency (BNN) to streamline community participation in the framework of medical rehabilitation and social rehabilitation procedures that are very urgent for the recovery of health and mental recovery of those who have become victims of narcotics. Keywords : Rehabilitation, Criminal Sanction, and Narcotic User ]]>
<![CDATA[KEDUDUKAN DAN AKIBAT HUKUM PENERAPAN PERMA NO.2 TAHUN 2012 ]]>
<![CDATA[Fadliansyah Fadliansyah]]>
<![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.v2i2.1546
<![CDATA[AbstrackThis research was made to know the position of PERMA NO.2 IN 2012 in the hierarchy of legislation and to know the PERMA's binding and enforceability. In this research using normative law research method with law approach, conceptual, and case approach. From this study found that the position of PERMA NO.2 IN 2012 in the hierarchy of legislation - legislation is under the law and the effect of the implementation of PERMA is null and void.Keywords: position, PERMA NO.2 IN 2012, Due to the law]]>
<![CDATA[ETIKA JURNALISTIK DALAM PERSPEKTIF HUKUM ISLAM ]]>
<![CDATA[Zainal Abidin Muhja]]>;
<![CDATA[Liza Shahnaz]]>
<![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.v5i2.1914
<![CDATA[AbstractThis article highlights the importance of journalistic ethics concerning disseminating information to the public, especially on social media, so that community unity and integrity are maintained and are not easily provoked by false issues. This research is legal research using a normative approach and Islamic literature approach. This research found that a Muslim journalist must put forward several principles: tabayyun, positive thinking, and intention not to spread fake news.Keyword (s): Ethics, Journalistics, Islamic law.]]>
<![CDATA[KEDUDUKAN HUKUM PERKAWINAN ADAT DAYAK LUNDAYEH DALAM HUKUM PERKAWINAN NASIONAL ]]>
<![CDATA[Pasri Bilung]]>
<![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.v3i2.1552
<![CDATA[AbstractThe procedure of marriage which is carried out in a customary manner and has existed before the State of Indonesia was established, as carried out by the Lundayeh Dayak community and until now is still maintained as a local culture of ancestral heritage is a tradition that is still highly upheld. Unification in the field of marital law through the establishment of Law No. 1 of 1974 has legal consequences for marital arrangements in Indonesia. So that it raises problems with the implementation of the marriage which is only carried out by customary Dayak Lundayeh.The type of this research is normative juridical research, namely legal research to find the rule of law, legal principles and legal doctrine to answer the issue of juridical review of customary marriage and its legal consequences.The results of the study indicate that the customary marriage law is a legal rule that regulates the forms of marriage, how to apply, marriage ceremonies and the termination of marriage. Based on the provisions of the regulations stipulated in Law No. 1 of 1974, marriages which are only carried out by Lundayeh customary without religious marriage are not valid, so the marriage cannot be performed either at the Office of Religious Affairs (KUA) for those who are Muslim and the Civil Registry Office (KCS) for those who are not Muslim.The legal consequences of illegitimate marriages that are only carried out traditionally by the Lundayeh Dayak have an impact on the absence of recognition from the State for the marriage carried out, so that in the event of a dispute and dispute arising from the marriage, the State in this case the court cannot resolve the dispute resolution. settlement of marital disputes that are only carried out by custom, by the Lundayeh Dayak community carried out in local wisdom, namely through the customary court session Keywords: Marriage, Adat, Dayak Lundayeh]]>
<![CDATA[MEDIASI SEBAGAI ALTERNATIF PENYELESAIAN SENGKETA KESEHATAN ]]>
<![CDATA[Mansyur Mansyur]]>
<![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.v2i2.1547
<![CDATA[AbstractHealth services to vulnerable communities cause health disputes between health care providers such as hospitals, doctors / dentists and nurses with patients or their families. Health dispute resolution can be done through the court either through criminal justice or civil court. Beside that, the dispute of health dispute can also be done through mediation institution Mediation institution as an alternative dispute of health disputes if it meets the following criteria: Health disputes related to health services received or directly related to the patient, Health disputes included in the category of medical discipline violation Not included as a crime, and based on the will of the parties to choose a mediation institution as an attempt to resolve the dispute and be done with good faith. The result of the parties' agreement is set forth in a written certificate of having a binding force as an agreement for the parties .. and shall be registered in the District Court by filing a lawsuit to be stipulated in the peace certificate by the local District Court judge. Keywords; Mediation, Dispute, Health]]>
<![CDATA[KARAKTERISTIK HAK GUNA BANGUNAN DI ATAS TANAH HAK MILIK ]]>
<![CDATA[Marthen Salinding]]>
<![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.v2i2.1542
<![CDATA[Abstract The need for land for the business world is getting bigger, while the land supply is limited. One of the rights to land used by investors to support their business is the building rights. The building rights.is the right to own and own buildings on land which is not his own with a maximum period of 30 years. The land which can be granted of the right building is the State Land, the land of management rights and the land of property rightsTeh Building Right as one of the objects granting of Right Building is the hereditary, strongest and most fulfilled right which can be owned by people on the land keeping in mind the provisions in Article 6 of the Basic Agrarian Law.The Building Right on the land Property rights have special characteristics because the granting of their rights is set forth in the form of deed granting of building Right on the land of property rights, which specifically regulates the agreement of the parties in order to fulfill the principle of freedom of contract. In addition, in making the deed granting of Building Right on the land of proprietary rights can be arranged specifically about the contents of the deed by deviating from the prevailing laws and regulations. Where a Building Rights Holders intend to impose a mortgage right and transfer this right shall obtain the consent of the right holder. This is different from the building right on state land. The buildings rights on state land may be borne by mortgages and transferred without obtaining the consent of othersKeywords; Building Right , Property Right ,Land ]]>
<![CDATA[REDESAIN RANCANGAN UNDANG UNDANG OMNIBUS LAW CIPTA LAPANGAN KERJA ]]>
<![CDATA[Basuki Kurniawan]]>
<![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.v5i2.1915
<![CDATA[The investment climate is difficult to develop when there are too many overlapping regulations from the center to the regions, and the old licensing procedure is a source of ongoing problems. Seeing this, President Jokowi made a breakthrough by using the Omnibus Law for Job Creation or often referred to as the Cilaka Omnibus Law Bill. This is something new in Indonesia, but it is a breakthrough in resolving legal chaos in Indonesia. However, the desire of the Government to get a response from a fairly large wave of demonstrations from the workers and society. The demonstration was based on the contents of the articles in the Job Creation Omnibus Law Bill which were deemed to be detrimental to the Indonesian people and workers. Based on the author's opinion, we conclude several things. First, the Job Creation Omnibus Law Bill has several deeper corrections, especially in the paradigm and substance of regulations regarding layoffs, permits, and regional autonomy (decentralization). Second, the Cilaka Omnibus Law Bill intends to reduce the existence of hyper-regulation (the number of laws and regulations), but the bill creates derivative regulations that make more and more new rules emerge. So it is best if the Omnibus Law Job Creation Bill needs to be rearranged while still involving the wider community in providing input and views for the perfection of this Job Creation Bill. Keywords: Omnibus Law, Job Creation]]>
<![CDATA[PERAN PENYIDIK KEPOLISIAN TERHADAP ANAK YANG BERKONFLIK DENGAN HUKUM DALAM PERSPEKTIF RESTORATIVE JUSTICE ]]>
<![CDATA[Imam Muhdi]]>
<![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.v3i2.1553
<![CDATA[Abstract Children are the hope of the nation. But reality shows that children are still involved in various forms of crime. Meanwhile, the police as law enforcers are expected to handle criminal cases involving children as a perpetrator with a different approach, namely the approach of restroative justice. This is what becomes the rationale for research with two objectives: (1). The role of police investigators on children in conflict with the law with a restroative approachjustice; (2). Forced efforts that can be carried out by police investigators on children in conflict with the law. This research is a normative study with two approaches, namelylegislation approach and conceptual approach. Based on this approach, the overall results of the study were analyzed argumentatively qualitatively. The results of the study indicate that police investigators have a very important roleimportant in handling crime cases involving children by exposing the child to putting forward the approach of restroative justice. The results of subsequent research, that forced efforts by police investigators againstchildren who are in conflict with the law in the approach of restroative justice, which should prioritize human values by integrating the role of the community, given the development of the child's soul. The recommendation of researchers is that police investigators handling child crimes should be provided with special skills that prioritize the approachrestroative justice. Keywords: Children, Police Investigators, and Restorative Justice]]>
<![CDATA[MEDIASI IN COURT UNTUK MEWUJUDKAN KEPASTIAN HUKUM BERDASARKAN WIN –WIN SOLUTION ]]>
<![CDATA[Anita Afriana]]>
<![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.v2i2.1548
<![CDATA[ABSTRACT Basically, same with the civil settlement in the District Court, peace in thesettlement of bankruptcy cases is required to be implemented. The article of130 of HIR / 154 HIR concerning the obligation to reconcile the two sides havebeen concreted through Perma No 1, year 2016. However, this Perma can’t beapplied to the settlement of bankruptcy cases in the Commercial Court. This study want to know the juridical reasons the peace achieved through Mediation In Court based on Perma no. 1 of 2016 can’t be applied in the settlement of bankruptcy disputes in the Commercial Court and the juridical consequences that distinguish between the peace achieved through mediation in Court and the bankruptcy proceedings and PKPU related to certainty as the purpose of law Peace institutions through Perma No1, year 2016 pursued by means of mediation can not be applied to bankruptcy cases because bankruptcy is included in the volunteer domain whereas mediation in court is implemented in contentiosa case. Therefore, peace in the settlement of bankruptcy cases can’t be executed at the beginning of the investigation of bankruptcy cases in the Commercial Court, as new peace can be applied if the debtor's status is clear as a bankrupt party. Although mediation can’t be implemented in order to achieve peace in the bankruptcy case in the Commercial Court, the concept of a win-win solution remains in the implementation of peace in the Commercial Court is apeace that can provide balanced benefits for both parties as business actors.Keywords: bankruptcy, peace, win-win Solution]]>
<![CDATA[PENGAWASAN OMBUDSMAN TERHADAP PENYELENGGARAAN PELAYANAN PUBLIK PADA MASA PANDEMI CORONA VIRUS DISEASE 2019 (COVID-19) ]]>
<![CDATA[Inggit Akim]]>
<![CDATA[ JURNAL AKTA YUDISIA Vol 6, No 1 (2021): Jurnal Akta Yudisia Volume 6 Nomor 1 ]]>
Publisher : <![CDATA[Universitas Borneo Tarakan ]]>
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DOI: 10.35334/ay.v6i1.2088
<![CDATA[ABSTRACTSupervise the government as the provider of public services to carry out their duties and authorities under applicable regulations. Large-Scale Social Restrictions are restrictions on certain activities in an area suspected of being infected with Corona Virus Disease 2019 (COVID-19), which causes the quality of public services to be disrupted. The Ombudsman has the task of supervising the implementation of shared services organized by state or government officials and private or individual bodies assigned the task of providing services according to minimum service standards as a benchmark for service delivery and assessing the quality of services to the community. The research method used is normative juridical research with a conceptual approach (Statute Approach).The results of this study are large-scale social restriction policies through the Mayor of Tarakan Regulation Number 17 of 2020, restrictions on activities outside the house such as the implementation of learning at schools and/or other educational institutions, Work From Home (WFH), religious movements in houses of worship, activities in public places, social and cultural activities and Mandatory rapid tests for those using Sea and Air transportation modes, and providing social assistance to communities affected by COVID-19. Ombudsman's supervision of public services during the COVID-19 pandemic in Tarakan City, namely by conducting coordination and control and cooperation with state and private officials as well as community or individual organizations, opening an Online Complaint Post for COVID-19 Affected Persons. Also, conduct unannounced checks to improve public services in the City of Tarakan. Based on the supervision, the receipt of reports on suspicion of maladministration and the Ombudsman's investigation results are subject to examination. Suppose it is proven that it has committed maladministration in public services, the Ombudsman of the Republic of Indonesia can take corrective action and provide recommendations/suggestions to state administrators to improve the quality of public services. Keywords: Surveillance; Ombudsman; Public Service; COVID-19 Pandemic]]>
