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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 5, No 1 (2020)" : 8 Documents clear
PENEGAKAN HUKUM TERHADAP TINDAK PIDANA PENCEMARAN NAMA BAIK MELALUI PENGGUNAAN MEDIA SOSIAL DI KOTA SAMARINDA Endi Dwi Saputra dan Khairunnisah
LEGALITAS : Jurnal Ilmiah Ilmu Hukum Vol 5, No 1 (2020)
Publisher : Universitas 17 Agustus 1945 Samarinda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31293/lg.v5i1.4731

Abstract

The crime of defamation that often occurs in cyberspace is an act that attacks the good name. Offensive reputation is to convey words (words or a series of words / sentences) by accusing certain acts of being committed, and those aimed at the honor and good name of a person which can result in a person's sense of dignity, shame, or humiliation. Someone proven guilty of disseminating electronic information containing defamation as referred to in the elements of Article 27 paragraph (3) of Law number 19 of 2016 concerning amendments to Law number 11 of 2008 concerning Information and Electronic Transactions This type of research used in this study is a type of empirical legal research, which is a legal research method that uses empirical facts taken from human behavior, with a qualitative approach.The results of the research showed that the perpetrators' violation was a violation of the provisions of Article 27 paragraph (3) of Law number 19 of 2016 concerning amendments to Law number 11 of 2008 concerning Information and Electronic Transactions to be charged with Article 45 Paragraph (1) of the ITE Law which states : Every person who fulfills the elements referred to in Article 27 paragraph (1), paragraph (2), paragraph (3), or paragraph (4) shall be sentenced to a maximum imprisonment of 4 (six) years and / or a maximum fine of Rp 650,000 .000.00 (Six Hundred Fifty Million Rupiah).
EKSEKUSI IKRAR TALAK MENURUT UNDANG-UNDANG NOMOR 50 TAHUN 2009 PERUBAHAN ATAS UNDANG-UNDANG NOMOR 7 TAHUN 1989 TENTANG PERADILAN AGAMA Latifatul Fajriyah dan Abdul Rokhim
LEGALITAS : Jurnal Ilmiah Ilmu Hukum Vol 5, No 1 (2020)
Publisher : Universitas 17 Agustus 1945 Samarinda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31293/lg.v5i1.4732

Abstract

This study aims to find out why the decision on divorce application submitted by the husband is not final and how the role of Judges of the Religious Court in the execution of the divorce pledge. This type of research used in this study uses the Normative Juridical research method, namely by analyzing the articles in the legislation regarding the problem under study.The results of the research show that the final decision of a judge regarding divorce divorce is when all the procedures in filing for divorce divorce have been fulfilled legally. That is still in need of the pronunciation of divorce pledge made by the husband in front of the trial of the Religious Court. If the husband has pledged his divorce then the marriage is broken with all the legal consequences. In divorce divorce cases the judge's role is to guide the petitioner in pledging his divorce to the respondent, as well as witnessing the pronouncement of the divorce pledge.
TINJAUAN YURIDIS TERHADAP PELAKU USAHA TV KABEL MENDIRIKAN USAHA PADA SARANA FASILITAS UMUM DI KOTA SAMARINDA Eni Rahmawati dan Ekawati
LEGALITAS : Jurnal Ilmiah Ilmu Hukum Vol 5, No 1 (2020)
Publisher : Universitas 17 Agustus 1945 Samarinda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31293/lg.v5i1.4728

Abstract

This research was conducted at Samarinda City, East Kalimantan Province, Indonesia. This study aims to determine the regulation and legal liability of cable TV business operators who establish businesses in public facilities in Samarinda City. The method that used in this research is a normative legal method that is studying document studies, using various legal materials such as statutory regulations, non-legal materials and in the form of opinions from scholars. The legal material in this study is sourced from primary legal materials, secondary legal materials, and non-legal materials.From the results of this study it can be concluded that the legal arrangements for businesses that set up cable TV businesses in public facilities in Samarinda City are contained in Law No.30 of 2009 concerning Electricity Article 48 Paragraph (1). The legal responsibility of cable TV business operators who establish businesses in public facilities in Samarinda against the Samarinda city government is that if an adverse incident occurs that results in pollution and / or environmental damage is considered an illegal act. To overcome various legal issues regarding cable TV business operators, the Samarinda City Regional Government should make a regional regulation specifically regulating the supervision of Cable TV business licensing in Samarinda City because with the regional regulation it is expected to minimize the number of violations of the law, and should Cable TV business operators no longer use electricity network supporting poles which are public facilities owned by the city government, it is far better if cable cable business operators are planted on the ground level, so as to minimize the existence of electrical zippers, fires due to short electrical current and do not disturb the aesthetic of this city.
TINJAUAN YURIDIS ATAS GUGURNYA HAK UNTUK MENUNTUT PIDANA MENURUT UNDANG-UNDANG HUKUM Nur Cahya Dian Sahputra dan Syamsul Bahri
LEGALITAS : Jurnal Ilmiah Ilmu Hukum Vol 5, No 1 (2020)
Publisher : Universitas 17 Agustus 1945 Samarinda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31293/lg.v5i1.4743

Abstract

In order to complete studies at the University of Law Faculty of August 17, 1945 Samarinda, one of the tasks that must be completed is scientific writing, this imiah writing is entitled: "Juridical Review of the Fall of the Right to Prosecute under the Criminal Law Act". This scientific research method uses normative juridies.The violation of the right to sue is regulated in Chapter VII of the Criminal Code, while the violation of the right to sue is regulated in the Criminal Code, namely:The principle of "Ne bis in idem" (Article 76 of the Criminal Code).Death of the perpetrator (Article 77 of the Criminal Code).Expiry (Article 78 of the Criminal Code).Settlement of cases outside court trials (Article 82 of the Criminal Code).Amnesty and Abolition from the President (Article 14 of the 1945 Constitution).There are no complaints on complaints offenses.This provision contained in the Criminal Code is to provide legal certainty for the community specifically the perpetrators of criminal acts. Provisions for the cancellation of the right to sue are the duties and functions of the Attorney General's Office of the Republic of Indonesia based on Law 16 of 2004.The fall of the right to sue is caused by: 1) natural causes, 2) causes of human actions, and 3) legal causes It is hoped that the rules on the cancellation of the right to sue can be further emphasized in the new draft Law on Criminal Law (RKUHP) to provide legal certainty to the public. Likewise, cases of minor criminal acts (tipiring) should be resolved outside the court to avoid the accumulation of cases in court and the excess capacity of State Detention Centers or Penitentiaries.
PENERAPAN HUKUM TERHADAP TINDAK PIDANA PENGRUSAKAN BARANG DALAM AKSI UNJUK RASA Alex Subagyo dan Irman Syahriar
LEGALITAS : Jurnal Ilmiah Ilmu Hukum Vol 5, No 1 (2020)
Publisher : Universitas 17 Agustus 1945 Samarinda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31293/lg.v5i1.4729

Abstract

Basically the damage to other people's belongings is very detrimental to the owner of the damaged goods only partially or completely so that the owner of the goods can no longer use his belongings, other than that the goods that have been damaged are valuable to the owner by damaging the goods very disturbing the peace of the owner of the goods . How is the application of the law to the crime of destruction of goods in a demonstration and how is the criminological point of view of the crime of destruction of goods in a demonstrationThis type of research used in this study is a type of normative legal research, which is a legal research method that uses a statutory approachThe results showed that the threat of punishment in article 170 paragraph (1) of the Criminal Code, regarding legal sanctions for perpetrators of violence against people or goods in public is threatened with imprisonment for five years and six months, whereas in Article 406 paragraph (1) of the Criminal Code with the same result, namely violence against goods, the perpetrators were threatened with imprisonment for up to two years and eight months or a maximum fine of four Rp. 4,500 (four thousand and five hundred). Every human being has an interest, where interests are divided into three namely individual interests, group interests and general interests. Crime, violence and "mass vandalism" in Indonesia are products of social systems with various values that are not mutually harmonious, and are not always compatible, harmonious and balanced.
KETENTUAN PENGATURAN KAWIN KONTRAK DALAM PERSPEKTIF HUKUM POSITIF DI INDONESIA Sukindar Sukindar
LEGALITAS : Jurnal Ilmiah Ilmu Hukum Vol 5, No 1 (2020)
Publisher : Universitas 17 Agustus 1945 Samarinda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31293/lg.v5i1.4751

Abstract

Contract marriages are one of the 3 types of marriages known in Indonesia. As it is known that contract marriages are marriages made by certain parties with specific aims and objectives and within a certain period of time. So the marriage is actually a marriage that is not appropriate and deviates from the noble purpose of the actual marriage, which is to form an eternal household and only seek the pleasure of God, in accordance with the provisions as regulated in applicable laws in Indonesia.Therefore, the purpose of this paper is to find out the actual arrangements related to the practice of contract marriages which are still widely practiced in Indonesia.This type of research used in this study is normative juridical type of research, namely research conducted based on the legal scientific character of the normative side.The results of the study showed that the practice of contract marriages that were carried out was not appropriate and violated the provisions of the legislation that acted as positive law in Indonesia. This is due to the contract marriage there are several things that were promised such as, a number of assets that must be issued and the deadline for the end of the marriage has been determined, then obviously such a marriage is a marriage arranged by the parties themselves and ignores the provisions of the applicable laws and regulations. While the regulations that specifically regulate contract marriages have not yet existed in Indonesia.
KAJIAN KRIMINOLOGI TERHADAP KEJAHATAN BEGAL DI KOTA SAMARINDA Muhammad Laksamana dan Dina Paramitha Hefni Putri
LEGALITAS : Jurnal Ilmiah Ilmu Hukum Vol 5, No 1 (2020)
Publisher : Universitas 17 Agustus 1945 Samarinda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31293/lg.v5i1.4730

Abstract

Begal motor action in the city of Samarinda increasingly disturbing the public, they acted not knowing the time and place. The intensity has also increased sharply. However, there has been no preventive efforts by the police on a large scale to ensure that Samarinda is free from the "colonialism" of thugs. What factors caused the crime of begal in Samarinda City.How is the effort made by law enforcers to deal with the crime of begal in Samarinda City The type of research used in this study is empirical legal research, which is a legal research method that looks directly at the field dataThe results of the research and discussion of the factors causing the occurrence of begal are, Economic Factors (perpetrators want to pay off debts to their own families), Factors of Reason Weaknesses Weaknesses reasoning power of perpetrators who make them choose the wrong choice between two choices. Weak perpetrators' reasoning power, which is sometimes found perpetrators still a student, Weaknesses Faith Factors Lack of planting religious values by parents towards children from an early age and the environment that is less supportive makes a child, especially teenagers at school age, very vulnerable to moral development or akhlaknya, Drug Addiction Factor some Actors said he always felt restless and could not concentrate properly when not consuming methamphetamine. There are three ways that countermeasures can be made against crime, namely, pre-emptive, preventive and repressive
PEMBANGUNAN BERKELANJUTAN MENJADI DASAR TERINTEGRASI DALAM PEMBANGUNAN SUATU WILAYAH BERDASARKAN UNDANG-UNDANG NO. 32 TAHUN 2009 TENTANG PERLINDUNGAN DAN PENGELOLAAN LINGKUNGAN HIDUP Farahwati Farahwati
LEGALITAS : Jurnal Ilmiah Ilmu Hukum Vol 5, No 1 (2020)
Publisher : Universitas 17 Agustus 1945 Samarinda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31293/lg.v5i1.4768

Abstract

The environment on earth as regulated in Law No. 32 of 2009concerning Environmental Protection and Management, thatenvironmental management consists of the natural environment inaccordance with the understanding of ecosystem life and socialenvironment that is illustrated by the existence of human groups both insociety and in families and refers to the understanding of humanity(humanism), so that includes understanding about between nations,interregion and the built environment (originally thought to be man-made;man-made environment).Development needs to pay attention to environmental conditionsthat exist from the physical side (soil, water, air), biotics (flora, fauna),and culture (culture, interactions between people). Environmental qualityconditions will tend to continue to decline if not balanced with the conceptof sustainable development planning in an effort to preserve the existingenvironmental functions.The implementation of environmentally sound development and thecontrolled use of natural resources wisely is the main objective ofenvironmental management. Sustainable development is very closelyrelated to environmental management programs and policies.The nature of environmental law enforcement in sustainabledevelopment covers all environmental law systems with the aim ofprotecting and properly managing the environment and is an activity toimplement and apply just environmental laws and take legal actionagainst any violations or deviations of law committed by legal subjectseither through judicial procedures or through non-judicial procedures.Legal norms are the most dominant rules that are enforced with powerand for their violations subject to certain sanctions that have beenestablished by the State.

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