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LEGALITAS : Jurnal Ilmiah Ilmu Hukum
Published by Universitas 17 Agustus 1945 Samarinda
ISSN : 2597968x     EISSN : 25488244     DOI : http://dx.doi.org/10.31293/lg
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Legalitas: Jurnal Ilmiah Ilmu Hukum is an open access and peer-reviewed journal that aims to offer an international academic platform for cross-border legal research in goverment regulation, particularly in developing and emerging countries. These may include but are not limited to various fields such as: the practice of international law, human rights law, civil law, criminal law, constitutional and administrative law, legal pluralism governance, and another section related to contemporary issues in legal scholarship. The journal sets up specific topic to be covered in each issue which can be analyzed from many perspective of laws as mentioned. However, in each issue we also accommodate latest issue of legal development in general
Arjuna Subject : Ilmu Sosial - Hukum
Articles 8 Documents
 1 
Search results for , issue "Vol 2, No 2 (2017)" : 8 Documents clear
LGBT DAN HUKUM POSITIF INDONESIA Fatimah Asyari
LEGALITAS : Jurnal Ilmiah Ilmu Hukum Vol 2, No 2 (2017)
Publisher : Universitas 17 Agustus 1945 Samarinda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31293/lg.v2i2.3385

Abstract

 In Indonesia alone LGBT is a taboo and classified as still things that have not fully understood by the people of Indonesia. The Indonesian Laws Act only specifies two genders: men and women. This can be interpreted from the strict inclusion of men and women in the Marriage Act (UU No. 1/1974) and similar provisions concerning the contents of citizen cards stipulated in the Population Administration Act (UU No. 23/2006). In Indonesia's positive law especially the Criminal Code (Criminal Code) LGBT legality itself does not exist. However, in terms of homosexual status there are arrangements in Indonesia, there are criminal rules related to same-sex relationships contained in Article 292 of the Criminal Code. This type of punishment, in the Criminal Code Article 292 with the threat of imprisonment of 5 years in prison. There is no legal rule in the Criminal Code that regulates LGBT more explicitly. The need for a thorough change in the Criminal Code Article 292 and a clearer explanation for sanctions for homosexuals in criminal law. Law enforcement officers must take concrete action in tackling the homosexual case in the community.
PELAKSANAAN PEMENUHAN HAK KORBAN PELANGGARAN HAK ASASI MANUSIA GENOSIDA BERDASARKAN UNDANG-UNDANG NO.26 TAHUN 2000 Kunti Widayati
LEGALITAS : Jurnal Ilmiah Ilmu Hukum Vol 2, No 2 (2017)
Publisher : Universitas 17 Agustus 1945 Samarinda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31293/lg.v2i2.3381

Abstract

Serious violations of human rights Genocide is an extraordinary crime that results in material and immaterial losses. The Victims who have experienced crime Genocide often do not get the protection and fulfillment as to the rights owned in accordance with the provisions of applicable legislation under Law No. 26 of 2000 with Government Regulation No. 2 and No. 3 of 2002.  Based on the results of the research, it can be seen that victims of human rights violations Genocide has the right to get protection, commensation, restitution, and rehabilitation. Various Efforts that can be carried out by the government to address the fulfillment of the rights of the victims / heirs In this case the role of the Government in fulfilling the implementation of human rights, both in respect, protection and promotion of human rights and the responsibility of the Government to perform the rights and obligations related to pay compensation against the victim. Principally The process of resolving human rights violations of Genocide by means of / stage through Komnas HAM, Human Rights Court, Truth and Reconciliation Commission and Ad Hoc Human Rights Court. While the fulfillment of the rights of victims in the form of compensation as well as: Compensation, Restitution, and Rehabilitation and provide protection for victims and witnesses.
PERANAN KEBIJAKAN PUBLIK TERHADAP PEMBERANTASAN KORUPSI (KASUS UNINTERRUTIBLE POWER SUPLY PEMERINTAH DI DKI JAKARTA) Isnawati Isnawati
LEGALITAS : Jurnal Ilmiah Ilmu Hukum Vol 2, No 2 (2017)
Publisher : Universitas 17 Agustus 1945 Samarinda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31293/lg.v2i2.3388

Abstract

The objective of this research is to know the corruption on the uninterrutible power suply di DKI Jakarta in 2015 involving the members of Jakarta parliaments.The method of the it is library research taken from Gatra magazine published on August 2,2017.The results of the research are (1).The UPS project has been apointed to be involved the crime namely corruption,(2).The top director of PT.Offtarindo Adhiprima is involved in this project,(3).The corruption has been detected in 2015,(4).The innitial names of the legislators of the special region Jakarta MF and FZ and from the campany concerned are HL and PZ,(5).This case has been performed in Tipikor court state of Jakarta.The suggestions of the researcher are,(1).The antisipation and the control of the local government has to be maximized,(2).The payment of the project concered has to use electronic tools,(3).The acccused people has to be sentenced maximally,(4).The money being corrupted has to be payed by the accused people,(5). The acccused people has to be deleted from the personal staff.
PERLINDUNGAN HUKUM TERHADAP KORBAN KEJAHATAN Ony Rosifany
LEGALITAS : Jurnal Ilmiah Ilmu Hukum Vol 2, No 2 (2017)
Publisher : Universitas 17 Agustus 1945 Samarinda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31293/lg.v2i2.3382

Abstract

The problem of crime victims raises various problems in society in general and victims / victims of crime in particular.Legal protection for the community is very important because both groups and individuals can become victims or even as perpetrators of crime.Legal protection of crime victims as part of the protection of the people can be realized in various forms such as through restitution and compensation, medical services and legal aid.The protection of victims is an attempt to recover the losses suffered by the victims.
POTENSI RUMAH KOS-KOSTAN DI SAMARINDA UNTUK MENJADI MATA PENCAHARIAN RAKYAT YANG MENGHASILKAN INCOME SEHINGGA MENJADI PROFESI Florentinus Sudiran
LEGALITAS : Jurnal Ilmiah Ilmu Hukum Vol 2, No 2 (2017)
Publisher : Universitas 17 Agustus 1945 Samarinda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31293/lg.v2i2.3393

Abstract

The obyective of  this research is to know how to found the boarding house as well as the rented house .The location of it is in Samarinda City , Kalimantan in November 2017 for thirty days.The result ofe the research are (1).At the beginning to choose the location of the rented house, (2)To count the number of expected persons who will be tenants,(3)To count the rented house presented here before,(4).Survey to know the price f the land , houe,rented house,the buliding cost /square in the surrounding and the future expection(5)To look for the strategic locations ,(6)To know the security in the surroundings,(7)Condition related with natural detruction such as flood, storm and the like,(9)The consumers wether the majorit   of the consumer the man or the woman,(10).The access of the transportation,(11)  The kinds of the room type and facility selected by the consumers,(12) The distance to the the market or the shop of the main need. The suggestions of this research results are (1)To build a rented house has to be strategic,it means the one which are hort distance to go to the shop , school,markets, industry and hospitals (2) The number of the expected tenants has to be got by survey, (3)To survey the rivals of the rented huse concerned,(4)To count the prices of the land , house  contractor and the deveopment of the location,(5) The security has to be condusive  relating with the flood  storm, clean water and the wild animals.
PERANAN KEJAKSAAN TERHADAP PEMBERANTASAN KORUPSI DI KALIMANTAN TIMUR Khairunnisah Khairunnisah
LEGALITAS : Jurnal Ilmiah Ilmu Hukum Vol 2, No 2 (2017)
Publisher : Universitas 17 Agustus 1945 Samarinda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31293/lg.v2i2.3383

Abstract

This research is held in Samarinda in 2017 either observation, spreading questionairs or reading the TribunKaltim Daily newspaper.The method is qualitative research.The population is the local goverments of East Kalimantan which consists of 10 (ten) places of courtsnamelyBerau, East Kutai,Bontang, Balikpapan, Paser, Panajam Paser Utara,Samarinda,Kutai Kartanegara, Kutai Barat and Mahulu.The samples are Samarinda,Bontang and Kutai Barat about 30 %.The results of the research are (1). Almost in November 2017,the supervisons of the corruption extraordinary crimes listed 46 data,(2).The state money have been saved in 2017 reaching  Rp.13 billion rupiahs,(3).Corruption in Bontang on the project of saving beach at Beras Basah in the budget of 2013 to 2015,(4).Landown Bank of Samarinda local government 2004-2006,(5).The budget of health tools,(5).The social fund for the Cendana Skill Course Service,(6).The education aid and healths tools funds in Kutai Barat.The suggestions given by the researher are (1).The society has to be brave to report to the officer concerned if there is any corruption crime deed, (2).It is better to prevent it rather than to sentence the corruptors,(3).The internal and external control have to be accomplished,(4).The managements of the funds of the project and state have to be transparant,(5).The persons who report it have to be appreciated,(6).The apparatus and contractors those who are honest to do  the projects have to be appreciated, (7).The corruptors have to be sentenced heavily.
ANALISIS FAKTOR-FAKTOR YANG MEMPENGARUHI KEPUASAN KERJA PEGAWAI PADA SUB BIDANG PERBENDAHARAAN BAGIAN KEUANGAN SEKRETARIAT DAERAH KABUPATEN KUTAI KARTANEGARA Futum Hubaib
LEGALITAS : Jurnal Ilmiah Ilmu Hukum Vol 2, No 2 (2017)
Publisher : Universitas 17 Agustus 1945 Samarinda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31293/lg.v2i2.3394

Abstract

The purpose of this study is to know and examine matters as follows: Factors that affect the employee job satisfaction in Sub Division Treasury Finance Division Regional Secretariat Kutai Kartanegara and know the most dominant factors affect employee job satisfactionTo analyze the data obtained by researchers using multiple regression analysis tools and SPSS application (Statistic Product and Service Solution) Based on the results of data analysis using SPSS and discussion then the conclusions can be put forward are:The resulting regression equation is Y = 2.779 + 0.030X1 + 0.136 X2. The resulting value is marked positive which means having a direct relationship. The constant value (a) of 2.779 states that if X1 and X2 are equal to zero. Then the satisfaction of cooperation with 2.779 or can be said if there is no variable of employee factor (X1) and job factor (X2) then job satisfaction (Y) equal to 2,779.Result of F test calculation, Fcount value is 4,303 with significance level 0,000. Since probability (0,000) is less than 0.05, regression model can be used to predict job satisfaction, or it can be said that the variable of employee factor and work factor that applied together have an effect on job satisfaction.The value of R Square (Determination R or R2) shows the number of 0.806 from 8982, thus it can be said that the independent variables of employee and occupational factors have an influence of 0.806 or 8.06% have the level of variable relations factor employee and job factors against job satisfaction is very strong. Based on the above description, the first hypothesis has been presented.Result of t test calculation between employee with job satisfaction, it can be seen that thitung> ttable or 2,815> 2,021 with significance level 0,000 <0,005, indicate that tcount> ttable or 2,743> 2,021 with significance level 0,001 <0,005 meaning work variable variable partially significantly indicating its effect on job satisfaction. So variable of employee factor have the most dominant influence influence job satisfaction compare of work factor variable. Thus the second hypothesis that the researcher submitted was accepted.
KEKUATAN HUKUM TERHADAP KESEPAKATAN DAMAI DALAM PERKARA KEKERASAN DALAM RUMAH TANGGA (KDRT) DITINJAU DARI PERSPEKTIF HUKUM PIDANA DAN HUKUM ISLAM DI INDONESIA Imron Imron
LEGALITAS : Jurnal Ilmiah Ilmu Hukum Vol 2, No 2 (2017)
Publisher : Universitas 17 Agustus 1945 Samarinda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31293/lg.v2i2.3384

Abstract

This study was conducted to answer two things : first, how enforceable peace agreement in the settlement of domestic violence (domestic violence) were evaluated from the Perspective of Criminal Law and Islamic Law in Indonesia. Second, how problems of law enforcement domestic violence (domestic violence) in Indonesia.Based on the study results showed that the force of law a peace agreement in the settlement of domestic violence from the perspective of criminal law is very strong and fundamental. In addition, the completion of domestic violence cases are resolved through a peace agreement in line with the principles and characteristics of Islamic Criminal Law the Law of Islam put the obligation of rights, charity, and the reward for anyone who can reconcile a family who face problems in the family. This also applies to the husband and wife that is in conflict within the family so as to provide awareness for both of them not to do anything that could harm the family unit itself. The purpose of law in general is to uphold justice by the creator of human volition so as to materialize the public order and peace, and purpose of Islamic law contained in the Qur'an and Al-Hadith, which is for the happiness of human life in this world and the Hereafter, by taking all that is useful and to prevent and reject all that is not useful to human life both physical and spiritual individuals and communities that preserve religion, life, intellect, lineage and property.Problems of law enforcement domestic violence in Indonesia, that cases of domestic violence have occurred which have been addressed and has been decided by the Court which has been run by law enforcement for justice and for the creation of a sense of justice that has to judge and give a verdict / impose imprisonment for offenders who have declared legally proven guilty of committing the crime of domestic violence as a form of guarantee of security to prevent domestic violence later, it still does not have a sense of justice, because they pose an ongoing problem for the victims that the victims were mostly divorced from domestic violence perpetrators and at the which eventually became a victim not only on the wife alone but also on children and the integrity of the household. So that penal mediation was the best solution to overcome the problem of domestic violence and law enforcement is the advice in the implementation of Islamic law in Indonesia.

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