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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 5 Documents
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Search results for , issue "Vol 4, No 1 (2019): LEGALITAS" : 5 Documents clear
DAMPAK DAN PENGARUH PERTAMBANGAN BATUBARA TERHADAP MASYARAKAT DAN LINGKUNGAN DI KALIMANTAN TIMUR Frendly Albertus dan Yosana Zalukhu
LEGALITAS : Jurnal Ilmiah Ilmu Hukum Vol 4, No 1 (2019): LEGALITAS
Publisher : Universitas 17 Agustus 1945 Samarinda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31293/lg.v4i1.4421

Abstract

A social problem tells of the difficulties, especially a number ofresidents in East Kalimantan to obtain welfare, a healthy environment,and agricultural land that can be used to make a living. Steam powerplant construction projects are one of the causes of coal mining. Where itwill bring the positive side, that the community needs electricity, but onthe other hand will affect the natural resources that are around thedisruption of community activities that are farming and gardening. EastKalimantan is the largest coal producer in Indonesia and has high naturalresource potential. Coal itself is a non-renewable natural resource and ifit is continuously extracted it will affect the environment and waterresources. In the regulation of the Minister of RI No. 26 of 2018, article20 paragraph 2b reads "Prevention and restoration of the environment inthe event of environmental pollution and / or damage". But the data provethat in 2014-2018 it has claimed as many as 115 people due to the minepit. In this case, environmental damage in East Kalimantan, especiallyaround the coal mining area, must take an administrative and educationalapproach, in which the government sanctions legal coal miningentrepreneurs and creates a mining education program to channel ideasand knowledge about sources environmentally friendly energy.
HAKEKAT HUKUM UNTUK MEWUJUDKAN ASPEK HUKUM YANG BERKEADILAN Farahwati Farahwati
LEGALITAS : Jurnal Ilmiah Ilmu Hukum Vol 4, No 1 (2019): LEGALITAS
Publisher : Universitas 17 Agustus 1945 Samarinda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31293/lg.v4i1.4422

Abstract

Legal protection is an activity to maintain or maintain relationships in thecommunity in order to achieve justice. An upright law is guaranteeingjustice without justice can be said to be not law, therefore rely on the ruleof law in order to bring about justice for all people.Legal norms are the most dominant rules that are enforced with powerand for their violations subject to certain sanctions established by thestate.The existence of various fields of legal system in society gives rise tocertain legal systems which are also the structure and process of the law.The legal system covers various legal subsystems which then greatlyinfluences the ongoing process of various fields of law.The nature of the law covers the entire legal system wcihc is an activity toimplement and apply justice and take legal action against any violationsor deviations of law committed by legal subjects either through judicialprocedures or through non judicial procedures.
PERANAN HUKUM PENANAMAN MODAL TERHADAP PENYELESAIAN KONFLIK ANTARA PEMERINTAH INDONESIA TERHADAP PT INDOSAT Deasy Fitriyana dan Florentinus Sudiran
LEGALITAS : Jurnal Ilmiah Ilmu Hukum Vol 4, No 1 (2019): LEGALITAS
Publisher : Universitas 17 Agustus 1945 Samarinda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31293/lg.v4i1.4423

Abstract

This researh is labrary one about the dispute between thegovernment Indonesia and PT. Indosat. The results of the research are isthat the other countries do not trust to the government of Indonesia aboutthe illegal usage of the frequency 3G which receives te formal letter asthere is no trust to Indonesia about the process of the law inforcement (Gto G atau government to government) which is owned by Qatar. It is nowbeing processed in Great Court. This problem involed the the PT. Indosatand its group Indosat Mega Media (IM2). The solution is based n theregulation of the invesment Number 25, 2007 on conflict solution.In the Artcle 32 or he regulation concered has been determined theways of the conflict or dispute between the Governmnt of Indonesia an theDomistic investor a follows 1) Negotiation, Arbitrage, Alternative ofconflict solution and court. The suggestions (1) The Governmnt ofIndonesia ha to improve the investment climate; (2) To use the regulationof investmen Number 25 2007; (3) To give the llimit of recommendationand to publish the realization of the rgulation concerned to guarentee thethe supreme of law of the domistic regulation of regional government.
RUANG LINGKUP PENGATURAN PERLINDUNGAN BURUH/PEKERJA MENURUT UNDANG-UNDANG NO.13 TAHUN 2003 TENTANG KETENAGAKERJAAN Dede Agus
LEGALITAS : Jurnal Ilmiah Ilmu Hukum Vol 4, No 1 (2019): LEGALITAS
Publisher : Universitas 17 Agustus 1945 Samarinda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31293/lg.v4i1.4419

Abstract

The protection of Labour/worker can be enforced by various laws,including Law No. 13 of 2003 on Manpower. This law gives greatattention to the protection of labour/worker, in the terms of substance andscope of regulation, which includes all matters relating to labour at thepre-employment, during and post employment. Therefore, this paper isaimed to discuss the protection of labour/worker according to Law No. 13of 2003 on Manpower in the terms its scope of regulation. The regulatedpre-employment, such as: Manpower Planning and EmploymentInformation, Job Training, Labour Placement and Expansion ofEmployment Opportunities. The regulated during employment, such as:Employment Relationships (work agreements), Protection, Wages andWelfare and Industrial Relations. The regulated post employment, suchas: Termination of Employment and the rights them. Although the scope ofthe regulation is so, it is still not perfect, considering that the law is notperfect. Likewise, if examined in theory the scope of the validity of the law(scope according to time): pre-employment, during and post employmenthas met these criteria, but if examined from the side of purpose theory,character and the nature labor law has not fully fulfilled.
KEDUDUKAN ANAK TERHADAP HARTA WARISAN DALAM PERKAWINAN DI BAWAH TANGAN DITINJAU BERDASARKAN UNDANG-UNDANG NOMOR 1 TAHUN 1974 TENTANG PERKAWINAN Gusti Heliana Safitri; Nadia farizha
LEGALITAS : Jurnal Ilmiah Ilmu Hukum Vol 4, No 1 (2019): LEGALITAS
Publisher : Universitas 17 Agustus 1945 Samarinda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31293/lg.v4i1.4420

Abstract

The problem in this study is the position of children born from marriageunder the hands and how the rights of children to inheritance frommarriage under the hands based on Law Number 1 of 1974 concerningMarriage. Underhand marriage is still happening in Indonesian society.Submarine marriage is a marriage that does not register the marriage tothe authorized institution, namely the Office of Religious Affairs forMuslims and the Civil Registry for non-Muslims. In Article 2 paragraph(2) of Law Num ber 1 of 1974 it is stated that a new marriage is valid if itis carried out according to the laws of each religion and its beliefs.However, the validity of marriage in the eyes of religion and public trustneeds to be ratified by the state in order to have legal force.The consequences of marriage under the hands are very bad forthe wife and for children born both legally, socially and psychologically.Other problems that can be caused from marriage under the hands are therights and obligations of husband and wife who are not guaranteed in fullfrom the State. The provisions in Article 42 paragraph (1) of Law Number1 Year 1974 concerning Marriage state that a legitimate child is a childborn from or as a result of a legal marriage. So it can be concluded thatchildren born from underage marriages are illegitimate children or out ofwedlock children. From the results of the research discussion it is knownthat Based on the Decision of the Constitutional Court Number 46 / PUUVIII/ 2010 Testing of Law Number 1 of 1974 concerning Marriage to theState Constitution of the Republic of Indonesia Year 194. It is said thatchildren born outside marriage have a civil relationship with his motherand his mother's family and with his man as his father that can be provenbased on science and technology and / or other evidence so according tothe law he has a blood relationship, including a civil relationship with hisfather's family

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