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<![CDATA[TINJAUAN YURIDIS TERHADAP PENERAPAN ASAS UNUS TESTIS NULLUS TESTIS DALAM TINDAK PIDANA PENCABULAN ANAK DI BAWAH UMUR DI TINJAU PASAL 185 AYAT (2) KITAB UNDANG – UNDANG HUKUM ACARA PIDANA. ]]>
<![CDATA[Adipura, Kelvin]]>
<![CDATA[ Journal of Law ( Jurnal Ilmu Hukum ) Vol 1, No 1 (2018) ]]>
Publisher : <![CDATA[Universitas 17 Agustus 1945 Samarinda ]]>
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<![CDATA[AbstractThe problem in this study is how the application of the principle of the testus principle of the testus in the criminal acts of underage children and also how the strength of the witnesses of children under age in the criminal acts of sexual abuse of minors.Proof in criminal cases according to Article 184 of the Criminal Procedure Code requires the existence of legal evidence. The judge can impose a criminal offense under Article 183 of the Criminal Procedure Code, at least two valid evidences that can shape the judge's conviction about the defendant's fault. The establishment of the judge's conviction in imposing criminal decisions is based on the results of examination of the evidence presented in the trial.Provisions regarding the use of one witness not a witness not a witness to the Testus Nullus Testis in the Criminal Procedure Code are regulated in Article 185 paragraph (2). Based on the provisions of the article, just to prove the fault of the accused a witness is not enough. However, the testimony of one witness can be recognized if accompanied by valid evidence as stipulated in Article 185 paragraph (3) of the Criminal Procedure Code. And if you look at the provisions of Article 183 of the Criminal Procedure Code, the Judge may not impose a sentence on a person except if with at least two valid pieces of evidence he has the conviction that a criminal act actually occurred and that the accused is guilty of doing so.Article 184 paragraph (1) of the Criminal Procedure Code, valid evidence includes witness statements, expert statements, letters, instructions, statements of the defendant. Proof of evidence is in the form of the results of Visum et Repertum (VER) made by officials and made on the oath of office based on the provisions of legislation as stipulated in Article 187 of the Criminal Procedure Code letter c.]]>
<![CDATA[TANGGUNG JAWAB HUKUM TERHADAP KEMATIAN ANAK PADA LUBANG BEKAS TAMBANG BATUBARA DI KALIMANTAN TIMUR ]]>
<![CDATA[Arissona, Donny]]>
<![CDATA[ Journal of Law ( Jurnal Ilmu Hukum ) Vol 1, No 1 (2018) ]]>
Publisher : <![CDATA[Universitas 17 Agustus 1945 Samarinda ]]>
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<![CDATA[ABSTRACT Every time the death of a victim in a mine has never been resolved completely in the legal process, if the sentence is imposed is very light as in the case of Ema and Eza, which is only 9 (nine) months, while the remaining cases have not been followed up. The weakness of the defense and completion of cases after cases related to the mine pit is due to the work of many parties that have never been completed starting from the police, the company to the city, provincial and even ministry levels. The absence of good intentions to save the environment from the dangers of coal mining especially in the future of Samarinda children is considered to be the main reason for such cases to recur for 5 years.The method used in this study is a normative juridical method, data or information obtained through library research. From the results of the literature research, secondary data were obtained which included primary legal materials, secondary legal materials and tertiary legal materials. The problem that the author discussed in this paper is the protection of children against child deaths in ex-coal mine holes in East Kalimantan and the criminal liability of mining companies against child deaths in ex-coal mine holes in East Kalimantan.Based on the results of the study it can be concluded In principle all children born have "the right to life" as a human right which is a gift from God. The Law Number 39 of 1999 concerning Human Rights has detailed the importance of protecting the life of a child. This protection is related to the right to life of a child as a human right that must be maintained and respected by anyone including those who are closely related to their relationship with children and in principle, criminal acts certainly require criminal responsibility as well. In this case, criminal liability is not only addressed to the contractor as the executor of the activity. That is, the responsibility of IUP holders remains the main thing considering its position as a driver of directing mind from upstream to downstream, which has an inherent obligation to reclamation and post-mining activities. Keywords: Human Rights, Mine Hole, Post-Mining Reclamation]]>
<![CDATA[AKIBAT HUKUM TERHADAP PEMBATALAN PERKAWINAN SECARA FASAKH ]]>
<![CDATA[Shavira, Elita Dwi]]>
<![CDATA[ Journal of Law ( Jurnal Ilmu Hukum ) Vol 1, No 1 (2018) ]]>
Publisher : <![CDATA[Universitas 17 Agustus 1945 Samarinda ]]>
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<![CDATA[AbstractMarriage is a sacred thing for humans who live it, with the aim of forming a harmonious family that can form a happy atmosphere towards the realization of tranquility, comfort for husband and wife and family members.a marriage that occurs when the marriage breaks up either because of divorce, khulu or other causes such as the breaking up of a marriage bond because of course cancellation there are legal consequences that arise both to the relationship of husband and wife, property and children.the need for more stringent supervision in the implementation of marriage and guidance to the community so that in the implementation of marriage there are no rules that are violated so that it can cause harm to him and others.]]>
<![CDATA[TANGGUNG JAWAB PELAKU USAHA DALAM TRANSAKSI E-COMMERCE DITINJAU BERDASARKAN HUKUM PERIKATAN ]]>
<![CDATA[Siregar, Dedi Dewantara]]>
<![CDATA[ Journal of Law ( Jurnal Ilmu Hukum ) Vol 1, No 1 (2018) ]]>
Publisher : <![CDATA[Universitas 17 Agustus 1945 Samarinda ]]>
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<![CDATA[Abstract      The problem in this research is Legality of E-Commerce Transaction. Based on Engagement Law and how to the responsibility and the sanctions who given by the suppliers for disadvantage of the consumers in E-Commerce Transaction. For this E-Commerce Transaction, the consumers are too risky for disadvantage, because the transaction is not to do for two sides. Then the risk are conduce of the fraudulence, such as: the mistaken of the products, and inappropriate agreement with the suppliers. This research used Normative Law or Library Law Research based on Secondary data such as from Literature of the legislation. Legality of E-Commerce Transaction based on KUHPdt used Engagement Law Concept based on internet this is the only media for the transaction it is the one condition of the agreement was arranged in Article 1320 KUHPdt and Pasal 1338 for arranged the freedom of the contract. In the E-Commerce transaction, the suppliers it could be accused by Institution of the Consumer Dispute Resolution if the consumers are received the mistaken products, the fraudulence and inappropriate agreement who given disadvantages. This case could be accused in Information Legislation and Electronic Transaction Article 38 paragraph (1) and Article 45 Constitution Number 8 in 1999 of Consumer Protection.]]>
<![CDATA[TINJAUAN TERHADAP PESERTA BADAN PENYELENGGARA JAMINAN SOSIAL (BPJS) KESEHATAN DALAM MENDAPATKAN JAMINAN DI RUMAH SAKIT TINGKAT IV DI KOTA SAMARINDA ]]>
<![CDATA[Chelsea, Lasameil]]>
<![CDATA[ Journal of Law ( Jurnal Ilmu Hukum ) Vol 1, No 1 (2018) ]]>
Publisher : <![CDATA[Universitas 17 Agustus 1945 Samarinda ]]>
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<![CDATA[AbstractThe Health Social Security Organizing Agency is a non-profit body formed by the Government to administer health social security that is directly responsible to the President to provide health insurance to all communities in order to obtain a more decent life.The author in conducting this study uses an empirical juridical method, namely research carried out by collecting data directly from competent parties in connection with the object under study, for this reason an interview method is conducted with employees and agencies related to the object of this research to obtain primary data.This study aims to determine the criteria for health insurance provided by Health Social Security Organizing Agency as well as the health services provided by Hospital Level IV Samarinda that serving general patients and participating patiens Health Social Security Organizing Agency.]]>
<![CDATA[KAJIAN AKIBAT HUKUM ISLAM TERHADAP TRANSAKSI PENUKARAN UANG DI PINGGIRAN JALAN SAMARINDA ]]>
<![CDATA[Nugraha, Yudi Dasa]]>
<![CDATA[ Journal of Law ( Jurnal Ilmu Hukum ) Vol 1, No 1 (2018) ]]>
Publisher : <![CDATA[Universitas 17 Agustus 1945 Samarinda ]]>
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<![CDATA[AbstractIn transactions, sometimes there are parties who do not know the law of the transaction they are carrying out, as an example of the practice of exchanging money during Eid, where small sums of money at that time were very difficult to find, so there were some people who considered this as a great business opportunity, it's no wonder that many are found when approaching Lebaran traders who offer small pieces of money on the streets. Based on the background mentioned above, the author wants to choose the title "Study of the Effects of Islamic Law on Money Exchange Transactions in the Suburbs of Samarinda". In the research the author uses the empirical juridical method. Based on the results of the research and discussion that has been described, the following conclusions can be taken. Imam Wahbah Az-Zuhaili emphasized that money is the current medium of exchange with gold and silver because it has the same illat, so the law is the same. Suggestions to the government to immediately hold and multiply the relevant institutions that receive new money exchange services, so that people are not reluctant to exchange them in that particular place.]]>
<![CDATA[TINJAUAN YURIDIS TERHADAP HAK ATAS PENSIUN SEBAGAI JAMINAN HUTANG PADA BANK PEMBANGUNAN DAERAH CABANG SAMARINDA ]]>
<![CDATA[Triaji, Triaji]]>
<![CDATA[ Journal of Law ( Jurnal Ilmu Hukum ) Vol 1, No 1 (2018) ]]>
Publisher : <![CDATA[Universitas 17 Agustus 1945 Samarinda ]]>
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<![CDATA[ABSTRAK In essence, granting credit with the right to the retirement of this pension, its retirement does not suffer from the fact that the installment of the loan is directly deducted by the State Treasury Office in this case the Post Office designated under the pension deduction authorization sent by BRI Samarinda Branch. But that does not mean giving credit with the right to retirement there is no obstacle that inhibits the smooth recovery of credit at BRI Samarinda Branch. This is evident in the presence of some borrowers who are in arrears in credit payments. The reason for the delinquency is that the borrower has defaulted and has overmacht.          The efforts made by banks in this case of Bank Rakyat Indonesia Samarinda Branch in settlement of outstanding loans are as follows: For pensioners who suffer from defaults due to unpaid retirement, the effort will be done by BRI Samarinda branch is to see how much when he delays when the arrears have happened three times consecutively, the bank will go to the Post Office where the customer is usually taking the retirement money to be asked for an explanation of what causes the unpaid installment at BRI Branch Samarinda. After knowing what causes the unpaid installment, the bank will come to the address of the borrower to give a warning or warning that late payment of the installment will harm the customer himself. Bank efforts for the deceased borrower, first see or need to know the age of the borrower. This is done considering that the age of the borrower affects and determines which insurance guarantees the pension recipient. Therefore if there is a borrower who dies while his credit is not yet paid, then the Bank Rakyat Samarinda Branch's effort is to make a claim against the insurance where the decision is his dependent on the age of the borrower. The submission of this claim is based on the actual balance that coincides with the month of the retiree's death.  Keyword : credit,pension,installment]]>
<![CDATA[PENYELESAIAN KREDIT MACET PADA LEASING TERHADAP MOTOR YANG DI BEBANI JAMINAN FIDUSIA ]]>
<![CDATA[SINAGA, MIKI TYSON]]>
<![CDATA[ Journal of Law ( Jurnal Ilmu Hukum ) Vol 1, No 1 (2018) ]]>
Publisher : <![CDATA[Universitas 17 Agustus 1945 Samarinda ]]>
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<![CDATA[ABSTRACTIn the sense of fiduciary cum creditore, a creditor holding a collateral object cannot act like an owner of the object. The debtor believes that the creditor will not have collateral forever and will fulfill his promise to return the collateral if the debtor has fulfilled his obligations. The purpose of this study is (1). To find out the implementation of a credit agreement with fiduciary collateral for motor vehicles, (2). To find out the legal consequences for debtors providing fiduciary mortgages for motorized vehicles that are pledged with fiduciary guarantees to third parties.This study uses an empirical juridical method approach with research subjects credit agreement with fiduciary collateral for mortgaged vehicles.To a third party at Adira Finance Samarinda. While the object of research is Adira Finance Samarinda. Data were collected using credit agreement instruments, interviews and documentation.The results of the study show that: (1) The process and mechanism of the loan agreement to be a fiduciary guarantee in practice are as follows: (a) Adira FinanceSamarinda accepts collateral in the form of BPKB vehicles, letters / invoices / lists of machines and invoices (based on contracts, SPK, etc.) that can generate receivables from bills) (b) The notary makes a Fiduciary Deed of guaranteed items This is based on the deed of Credit Agreement made between the debtor and Adira Finance Samarinda. (c) With respect to the fiduciary deed, the Notary shall register at the Fiduciary Registration Office for the issuance of a fiduciary guarantee certificate for Adira Finance Samarinda as the creditor of preference. (2) In the event of a bad credit, the settlement will also differ between those registered or not registered with the KPF. For fiduciary guarantees that are not registered, the creditor cannot use the execution title that is normally enjoyed by the fiduciary creditor. The creditor can only file a civil suit against the debtor. Execution of the executable title stated in Article 29 of the UUF is as follows: 1) If the debtor or fiduciary breeder fails, the execution of the object which is the object of fiduciary security can be made by: a) Execution of the executable title as referred to in Article 15 paragraph (2) by fiduciary recipients; b) The sale of objects which become the object of fiduciary security over the power of the recipient of the fiduciary himself through public auctions and take the payment of the receivables from the proceeds of the sale; c) Sales are carried out based on the agreement of the fiduciary giver and fiduciary recipient, then the highest price will be beneficial to the parties. 2) The sale is made after one month has passed when written in writing by the fiduciary recipient to the parties concerned and announced in at least two newspapers circulating in the area concerned. Keywords : Bad Credit, Motorcycle Leasing, Fiduciary Guarantee]]>
<![CDATA[TUGAS DAN WEWENANG DIREKTORAN POLISI PERAIRAN KEPOLISIAN DAERAH KALIMANTAN TIMUR DALAM MENGAMANKAN DAN MEWUJUDKAN KETERTIBAN UMUM BERDASARKAN UNDANG – UNDANG TAHUN 2002 ]]>
<![CDATA[SUNGGUH, ANDY ANA PUTRA]]>
<![CDATA[ Journal of Law ( Jurnal Ilmu Hukum ) Vol 1, No 1 (2018) ]]>
Publisher : <![CDATA[Universitas 17 Agustus 1945 Samarinda ]]>
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<![CDATA[ABSSTRACT      The high flow of traffic in East Kalimantan, both for trade and as a means of transformation and sailing did not go smoothly. The State Police of the Republic of Indonesia is a state instrument that provides services for the maintenance of security within the state including the maintenance and public order, law enforcement, protection, shelter and service to the community. One of them is the directorate of aquatic police under the Chief of Police in charge of carrying out the function of the police patrolling the waters and the handling of the criminal acts of the waters.       This study aims to determine the description of the role and execution of duties and authority of the police directorate of aquatic police of East Kalimantan Police in securing and realizing public order in the territorial waters of East Kalimantan.       The activities of the police directorate of aquatic police of East Kalimantan besides as a safeguard in the community also play a role in maintaining order and stability of community life. Community guidance conducted by the police directorate of aquatic police of East Kalimantan, by providing counseling and guidance to the community.       Directorate of aquatic police, abbreviated as directorate of aquatic police, is domiciled as the main implementing element of the police which is in charge of covering patrol including first handling of crime and livelihood as well as rescue accident in waters area and coastal community development.  Keywords: Duties and authority, position, police function.]]>
<![CDATA[TINJAUAN PELAKSANAAN PENYIDIKAN TINDAK PIDANA DI KEPOLISIAN PERAIRAN DAERAH SAMARINDA ]]>
<![CDATA[Pirasman, Ilham Hasri]]>
<![CDATA[ Journal of Law ( Jurnal Ilmu Hukum ) Vol 1, No 1 (2018) ]]>
Publisher : <![CDATA[Universitas 17 Agustus 1945 Samarinda ]]>
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<![CDATA[ABSTRACTAt present sea transportation in Indonesia is only dominated by freight transportation. The 80 percent of sea transportation that dominates is coal transportation, palm oil transportation, gas transportation, and container transportation. While the traditional passenger and shipping transportation conditions are increasingly abandoned because it is not a priority government policy.The investigation of shipping crime in Samarinda Regional Water Police has been in accordance with what is stipulated in the applicable laws and regulations, although there are still some actions carried out by investigators conducted by investigators not yet regulated in the laws and regulations.The need for an increase in the number of investigators to carry out investigations into shipping crime, especially civil servant investigators (PPNS) at the Samarinda Port Authority Office (KSOP).keywords: investigation, waters police]]>
