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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
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Search results for , issue "Vol 5, No 2 (2020)" : 8 Documents clear
AKIBAT HUKUM TERHADAP PIHAK YANG TIDAK BERITIKAD BAIK DALAM PROSES JUAL BELI Norma dan Sukindar
LEGALITAS : Jurnal Ilmiah Ilmu Hukum Vol 5, No 2 (2020)
Publisher : Universitas 17 Agustus 1945 Samarinda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31293/lg.v5i2.5110

Abstract

Buying and selling is an activity carried out by two or more people to produce a mutual agreement, but there is often a sale and purchase which causes various problems. The existence of buying and selling with object agreements contain hidden defects. The situation is actually known consciously by the seller, but did not inform the buyer about it, so the buyer feels disadvantaged. Such events occur because of bad intentions or dishonest attitudes about information and the condition of an item. As a result of dishonest acts, the interests of one party have been violated. The problem raised in this paper is what the legal consequences are for parties who have no good intentions in the buying and selling process and what are the factors causing the parties to set aside good faith in the buying and selling process.This type of research is normative juridical research, library research with the problem approach used in writing this thesis is the statute approach.The results showed that with the enactment of legislation governing the buying and selling process of parties who do not have good intentions will cause legal consequences, namely the agreement becomes invalid and null and void and compensates for damages. But the reality on the ground, that the replacement of losses can be done if the parties agree. The factor causing the parties to set aside good faith in the buying and selling process is the lack of careful buyer or consumer to look for more detailed information related to the items they want to buy. While the seller or business actor, because of the opportunity to have bad intentions, in addition to that because of dishonesty.
HARTA WARIS PADA ANAK ANGKAT MENURUT KOMPILASI HUKUM ISLAM DI PENGADILAN AGAMA SAMARINDA Abdul Rokhim
LEGALITAS : Jurnal Ilmiah Ilmu Hukum Vol 5, No 2 (2020)
Publisher : Universitas 17 Agustus 1945 Samarinda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31293/lg.v5i2.5032

Abstract

In general, adoption according to law is the transfer of a child to adoptive parents from the biological parents in its entirety and is carried out according to legal local customs. So, the biological parents have let go of the child, and the responsibility shifts to the parents who adopted him. Although the Qur'an does not give adopted children the right to inherit from their adoptive parents, this is regulated in the Compilation of Islamic Law which is a human product from various schools of thought and made as a source of law in our country by providing provisions. that adopted children are entitled to receive a share of the inheritance.The legal position of the adopted child will result in that in general the child will have an inheritance relationship with the adoptive parents and inherit from the original parent will be removed based on Article 209 Paragraph 2 Compilation of Islamic Law (KHI), adopted children who do not receive a will will be given mandatory will. The position of adopted children according to Islamic inheritance law is not getting their inheritance rights from their adoptive parents, but still as legitimate children based on a court decision by not deciding the lineage / blood with their biological parents, because the principle of adoption according to the Islamic Law Compilation is a manifestation of faith that carrying a humanitarian mission that is manifested in the form of maintenance in its growth and development by fulfilling all its needs.Regarding the distribution of inheritance in the Compilation of Islamic Law Article 209 paragraph (2) for adopted children who do not receive a will but are given what is called a will, obligatory maximum of 1/3 (one third) of the inheritance of their adoptive parents, as stated in Article 195 paragraph (2) will allow a maximum will of only 1/3 of the inheritance unless all the heirs agree.
KETENTUAN HUKUM TINDAK PIDANA PENCABULAN TERHADAP ANAK DIBAWAH UMUR MENURUT UNDANGUNDANG PERLINDUNGAN ANAK Ony Rosifany
LEGALITAS : Jurnal Ilmiah Ilmu Hukum Vol 5, No 2 (2020)
Publisher : Universitas 17 Agustus 1945 Samarinda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31293/lg.v5i2.5112

Abstract

One of the triggers for the crime of sexual immorality in this case is the rapid development of information and technology flows. Fornication is an act carried out by someone who is motivated by sexual desire to do things that can arouse lust, thereby causing self-satisfaction. What is troubling society is the criminal act of child sexual abuse, whether it is a boy or a girl. Fornication is an act committed by someone who is motivated by sexual desire.In general, the factors that cause the crime of child sexual immorality can be caused by internal factors as well as external factors.The legal provisions for the crime of child molestation against children are contained in Law Number 35 of 2014 concerning Amendments to Law Number 23 of 2002 concerning Child Protection, stated in Article 76 E and Article 82.
HAK IMUNITAS ADVOKAT BERDASARKAN PASAL 16 UNDANG-UNDANG NOMOR 18 TAHUN 2003 TENTANG ADVOKAT JO PUTUSAN MAHKAMAH KONSTITUSI NOMOR 26/PUU-XI/2013, TANGGAL 14 MEI 2014 Imron Imron
LEGALITAS : Jurnal Ilmiah Ilmu Hukum Vol 5, No 2 (2020)
Publisher : Universitas 17 Agustus 1945 Samarinda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31293/lg.v5i2.5033

Abstract

Advocates are people who work in providing legal services, both inside and outside the court, advocates are also a noble or honorable profession, advocates have a role that is no less important than other law enforcers and has the same position as a law enforcer so that it is natural for lawyers to have the right of immunity, namely the right of immunity to the work of his profession.Advocates in carrying out their profession, cannot be prosecuted both civil and criminal in carrying out their professional duties in good faith for the benefit of the client's defense outside or in court, but in practice there are many cases involving advocates when carrying out their profession in the field up to the verdict until the verdict criminal.The problem raised in this paper is whether the lawyer is immune to the law with the existence of an advocate's immunity rights and how the legal protection of the advocate's immunity rights in carrying out his profession. This type of research is normative juridical research, library research with the problem approach used in writing this thesis is the statute approach.With the enactment of laws and regulations governing the rights of advocates of immunity, that advocates are not immune from the law but because the tasks or work done by advocates constitute the work or noble profession, then he is given special authority, namely the right of immunity or the right to immunity in law carrying out his professional duties
MERINTANGI PENGUBURAN JENAZAH COVID-19 DITINJAU BERDASARKAN PASAL 178 KITAB UNDANG-UNDANG HUKUM PIDANA Muhammad Rezky Rinaldy dan Syamsudin
LEGALITAS : Jurnal Ilmiah Ilmu Hukum Vol 5, No 2 (2020)
Publisher : Universitas 17 Agustus 1945 Samarinda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31293/lg.v5i2.5115

Abstract

Indonesia and even the world now feel the impact of the Corona virus outbreak (covid-19), in connection with it hindering the burial of the bodies of victims who died. The phenomenon of corpse rejection of corona virus patients (covid-19) continues to occur in various regions. In fact, the body must be buried immediately no later than 4 hours after being declared dead. The main reason people are reluctant to accept the bodies of patients co-19 because of fear of contracting. While the medical ensure that the body will not transmit the virus. The body in the coffin has been wrapped and declared sterile. The type of research used in this study is the type of normative legal research, which is a legal research method that uses a statutory approachThe results of the study showed that obstructing officers who will carry out official burials could indeed be convicted. Law enforcement officials can use Article 178 of the Criminal Code. not a complaint offense. Law enforcement officials can immediately take action without anyone complaining. "If the incident fulfills the elements contained in Article 178 of the Criminal Code, the perpetrators can be charged. However, it must look at intentions and actions as a condition for imposing a crime on someone.
PERAN KANTOR IMIGRASI KELAS IA SAMARINDA DALAM PENGAWASAN DAN PENINDAKAN ORANG ASING BERDASARKAN UNDANG – UNDANG NOMOR 6 TAHUN 2011 Yenny Meilyana dan Dina Paramitha Hefni Putri
LEGALITAS : Jurnal Ilmiah Ilmu Hukum Vol 5, No 2 (2020)
Publisher : Universitas 17 Agustus 1945 Samarinda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31293/lg.v5i2.5035

Abstract

In the implementation of surveillance and enforcement of foreigners in the East Kalimantan Region, Samarinda's Class I Immigration Office experienced a few obstacles including the presence, activities of foreigners, and abuse of residence permits of foreigners in the Samarinda area.  The real weaknesses in the surveillance system do not lie solely on rules because the existing regulatory system is quite complete and clear, but lies in the limited number of officers possessed by the Class I Immigration Office A samarinda.  Based on the background above, the writer wants to choose the title "The Role of Class I A Samarinda Immigration Office in Supervision and Enforcement of Foreigners Based on Law Number 6 Year 2011".  In this study the authors use the empirical juridical method, based on the results of the author's research and the discussion that has been described then the following conclusions can be drawn.  Regarding foreigners' supervision, it is carried out in stages with regard to foreigners who enter or reside in Samarinda, so it is quite clearly specified and what provisions have been set by the Immigration Office.  Suggestions for conducting oversight to increase the number of officers in each district / city area to be more efficient in the future.
PERALIHAN HAK MILIK ATAS TANAH YANG BERASAL DARI WARISAN Amin Slamet
LEGALITAS : Jurnal Ilmiah Ilmu Hukum Vol 5, No 2 (2020)
Publisher : Universitas 17 Agustus 1945 Samarinda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31293/lg.v5i2.5166

Abstract

The purpose of this research is: First, to find out the implementation of the transfer of ownership of the inherited land in Samarinda. Second, to find out the inhibiting factors in the registration of the transfer of title to inherited land in Samarinda. To find out the purpose above, then determined the research method is The Qualitative Descriptive Method, with sampling techniques by purposive sampling. Data collection techniques such as interviews with observations and study documents relevant to the problem under study.Therefore it is hoped that the National Land Agency as the only body that regulates land in Indonesia is expected to be able to better socialize land regulations so that people can better understand the importance of registering land rights transfers using deeds to provide legal certainty and protection for right holders. as well as the main purpose of land registration itself.Keywords: Land Ownership, Inheritance
PENERAPAN PERATURAN MENTERI PEKERJAAN UMUM DAN PERUMAHAN RAKYAT NOMOR 11/PRT/M/2019 TENTANG SISTEM PERJANJIAN PENDAHULUAN JUAL BELI RUMAH Khairunnisah dan Wesley Liano Hutasoit
LEGALITAS : Jurnal Ilmiah Ilmu Hukum Vol 5, No 2 (2020)
Publisher : Universitas 17 Agustus 1945 Samarinda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31293/lg.v5i2.5109

Abstract

During its development, a house sale and purchase agreement made by the parties by a notary public creates rights and obligations as well as risks for the parties later. Before the agreement is agreed upon, the parties express their wishes or wishes so that the objectives of the house sale and purchase agreement are achieved, so that when the agreement is implemented, all of these rights and obligations must be fulfilled by the parties to fulfill each other's wishes. The House Sale and Purchase Agreement when viewed from the latest legal rules, namely, the Regulation of the Minister of Public Works and Public Housing (PUPR) of the Republic of Indonesia, issued a Ministerial Regulation (Permen) PUPR Number 11 / PRT / M / 2019 concerning the Preliminary House Buying Agreement System. This regulation was signed by the Minister of PUPR, M. Basuki Hadimuljono, on July 12, 2019. This regulation regulates the sale of houses or flats by developers to the community. The issues raised in this paper are how the legal protection for home buyers is based on the Ministerial Regulation (Permen) PUPR Number 11 / PRT / M / 2019 and what are the legal requirements that home developers must have in selling their products based on Ministerial Regulation (Permen) PUPR Number 11 / PRT / M / 2019. The type of research used is juridical normative, which is research conducted based on legal materials and by collecting data, studying books in the library and the laws and regulations related to this research. The results of research by developers or housing developers that are legal entities who sell single houses, row houses and flats that are sold to the community by means of cash or credit, in terms of credit, there are many problems caused in terms of payments, broken promises, and inadequacy of development.

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