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<![CDATA[AKIBAT HUKUM TERHADAP PENERBITAN SERTIPIKAT HAK MILIK ATAS TANAH YANG SYARAT ADMINISTRASINYA TIDAK DI TANDA TANGANI OLEH SAKSI BATAS ]]>
<![CDATA[Tutus Chariesma Putra]]>
<![CDATA[ Journal of Law ( Jurnal Ilmu Hukum ) Vol 2, No 1 (2013) ]]>
Publisher : <![CDATA[Universitas 17 Agustus 1945 Samarinda ]]>
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<![CDATA[ABSTRACTProvide legal certainty and protection to the holders of rights in a parcel of land or apartment units that can easily be proven himself as the holder of the rights, the National Land Agency (BPN) as an authorized institution in terms of the legality of the soil, to provide legal certainty by issuing certificates to the ground plane or apartment units , perform first the measurement on the object plane land or apartment units in question, which should be set in advance the boundaries of the land to be measured with the consent of the parties that the land bordering the field .]]>
<![CDATA[TINJAUAN YURIDIS TERHADAP PERJANJIAN ANJAK PIUTANG PADA LEMBAGA PEMBIAYAAN BANK DI SAMARINDA ]]>
<![CDATA[Gladys Chalista Shilvadara]]>
<![CDATA[ Journal of Law ( Jurnal Ilmu Hukum ) Vol 2, No 1 (2013) ]]>
Publisher : <![CDATA[Universitas 17 Agustus 1945 Samarinda ]]>
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<![CDATA[ABSTRACTImpractical provisions of article 613 of the Civil Code regarding notification megakibatkan particular client does not want to require notification to the debtor. The client only requires that the factor will purchase receivables or the bills without any obligation to require notification to the debtor. Accounts receivable financing facility and factoring agreement, so memungkingkan mestipun client to transfer receivables from debtors without notification. However, not all clients can mengalih receivables / bills-bills without notification of the debtor, but only tertentulah clients who can use the facility accounts receivable financing and factoring agreement based on considerations about the client's personal factors.While the legal consequences of the factoring agreement is not complied with the provisions of Article 613 KUPerdata are as follows: Failure to use the provisions of Article 613 of the Civil Code, especially regarding notification factoring agreement resulted in the debtor is not bound to the factoring agreement made by the lien dank factor. This is in accordance with the provisions of article 1340 of the Civil Code which states: The agreements apply only to those who make it. The agreements were tidadak can bring loss on third parties, no third parties can benefit, therefore, in others in the case provided for in Article 1317 of the Civil Code; Not used the provisions of article 613 of the Civil Code in the factoring agreement gives a very high risk to the factor, both in terms of legal and commercial terms. Olehkarena to protect himself from the things that may be harmful, then factor always ask for a guarantee from the client. With the guarantee of the factoring activity, it can be seen that the activity of pure factoring company, but has led to the activities of banking institutions. Therefore, factoring companies are no longer able to dikatakanh as an alternative financial institution after the bank, but it is a major competitor of banking institutions; Failure to use the provisions of article 613 of the Civil Code in particular regarding notification factoring agreement is not a factoring agreement as provided for in Presidential Decree No. 16 In 1989 Jo Minister of Finance Decree 1251 / KMK.013 / 1989 but only as a loan agreement to borrow money with the guarantees given by the client. Therefore an agreement to borrow money using the name of the factoring is null and void.]]>
<![CDATA[PROBLEMATIKA DALAM PENERAPAN PASAL 285 KUHP DAN LAMANYA HUKUMAN YANG DIJATUHKAN TERHADAP SUBYEK HUKUM PELAKU ]]>
<![CDATA[Marisa Syambira]]>
<![CDATA[ Journal of Law ( Jurnal Ilmu Hukum ) Vol 2, No 1 (2013) ]]>
Publisher : <![CDATA[Universitas 17 Agustus 1945 Samarinda ]]>
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<![CDATA[ABSTRACTApplication of Article 285 of the Criminal Code by the judges in the criminal case No. 542 / Pid.B / 2002 / PN.Tgr is right, but the length of the sentence imposed by the judges regardless of the things that burden and lighten the punishment meted out to the perpetrators of the criminal act of rape. In connection with the criminal case who was sentenced for 3 years and 6 months, the authors argue that the punishment is very light.Attitude toward law enforcement criminal acts in violation of Article 285 of the Criminal Code is essentially active, because the criminal act regulated and Article 285 of the Criminal Code are punishable offenses relative complaint. The legal process in this case does not have to wait for a complaint. Although no complaints enough with the information or reports, law enforcement will act and process in accordance with applicable law. In this event the complaint is not intended demanding events, but to prosecute those who perform acts of violence or threats of violence to force a woman sleeps with him outside of marriage.]]>
<![CDATA[LEGALITAS KONTRAK ELEKTRONIK DALAM TRANSAKSI BISNIS DI TINJAU MENURUT UU No. 11 TAHUN 2008 TENTANG INFORMASI DAN TRANSAKSI ELEKTRONIK ]]>
<![CDATA[Marton Hidayati]]>
<![CDATA[ Journal of Law ( Jurnal Ilmu Hukum ) Vol 2, No 1 (2013) ]]>
Publisher : <![CDATA[Universitas 17 Agustus 1945 Samarinda ]]>
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<![CDATA[AbstackThe development of the Indonesian state is an effort to reach the people of Indonesia are just, prosperous, prosperous able to meet the needs of their own people as well as keeping pace sehagai economies of developed countries. To achieve the development targets have been announced by the government, and the role of society indirectly also expected, so the development of the Indonesian state according to what was expected, so the development of the Indonesian state in accordance with what is expected as those set forth in the preamble of the 1945 Constitution.]]>
<![CDATA[KEKUATAN PEMBUKTIAN SERTIFIKAT SEBAGAI ALAT BUKTI DALAM SIDANG PEMBUKTIAN PERKARA PERDATA DITINJAU MENURUT PERATURAN PEMERINTAH NOMOR 24 TAHUN 1997 ]]>
<![CDATA[Riyanti Riyanti]]>
<![CDATA[ Journal of Law ( Jurnal Ilmu Hukum ) Vol 2, No 1 (2013) ]]>
Publisher : <![CDATA[Universitas 17 Agustus 1945 Samarinda ]]>
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<![CDATA[ABSTRACTBased on the research results to date are still many community members who ignore or do not notice proof of land ownership as a strong proof of the right to legal protection , especially in the city of Samarinda . There are many members of the public control of land dozens even hundreds of acres of acres but do not have the right proof . So that legal issues will gradually come , as a result of waiver / registration dilakukannnya not the land as determined by the PP. 24 Year 1997 on Land Registration . Land registration is a series of activities organized by the government with the aim to provide legal certainty and the protection of land rights holders . So the result of a series of activities that is the provision of land registration certificate as a valid proof of copyright strong evidence . This is in accordance with the dictates of Article 19 paragraph ( 1 ) and ( 2 ) BAL . Issuance of the certificate is intended to rights holders can easily prove the physical data and juridical data in it in the physical data contained information on the location , boundaries and vast fields and apartment units that are listed , including information about the existence of a building on it . Juridical data contained in the certificate contains information about the legal status of land parcels and apartment units that are listed right holders and other parties as well as other burdens placed on them . Therefore, a certificate proving a powerful tool that is intended as Article 19 paragraph ( 2 ) letter c BAL . This implies that the trial judge should accept that the data contained in the certificate is correct for the data can not be proven otherwise by others]]>
<![CDATA[TINJAUAN YURIDIS TENTANG PROSEDUR PELAKSANAAN ASURANSI JIWA DALAM KECELAKAAN PENUMPANG DAN LALU LINTAS PADA PT. JASA RAHARJA( PERSERO) CABANG MELAK KUTAI BARAT ]]>
<![CDATA[Iban Nyurang]]>
<![CDATA[ Journal of Law ( Jurnal Ilmu Hukum ) Vol 2, No 1 (2013) ]]>
Publisher : <![CDATA[Universitas 17 Agustus 1945 Samarinda ]]>
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<![CDATA[abstract In essence, every human activity in this world no matter how simple it always contains a variety of possibilities, both positir or negative. Sometimes lucky and sometimes experience losses. So it can be said, that every human activity that always contains a state of uncertainty. Things are not sure it is as a state, full of question marks, the chances of suffering a loss that will lead to a role that is not safe. Uncertain circumstances which give rise to a sense of insecurity against any possibility of suffering from the so-called risk or in other words a risk is an event that creates uncertainty, causing losses of insecurity.]]>
<![CDATA[PROBLEMATIKA KREDIT MACET DENGAN JAMINAN YANG TIDAK DIDAFTARKAN DALAM BENTUK FIDUSIA PADA BANK PERKREDITAN RAKYAT SAMARINDA ]]>
<![CDATA[Steven Bun]]>
<![CDATA[ Journal of Law ( Jurnal Ilmu Hukum ) Vol 2, No 1 (2013) ]]>
Publisher : <![CDATA[Universitas 17 Agustus 1945 Samarinda ]]>
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<![CDATA[ABSTRACTFinancing is one of the economic activities that drive economic market system proved to be one important aspect of the business continuity for the majority of the Indonesian people. One form of financing is credit, and that becomes the container for credit itself is one of his bank. Extension of credit by the banks themselves should be based on sound principles and prudence so as not to harm the bank as a creditor, debtor and communities that have holdings in the bank. In the journey of obtaining loans from banks in needed guarantees as protection to the creditor that the debtor will carry out its obligations. One form of collateral is fiduciary, the fiduciary institution, the relationship between the debtor and the creditor based on trust. Fiduciary insurance will be recorded in the Register of Fiduciary, Fiduciary Registration Office and will be published in the form of certificates of proof People's Bank lending in Samarinda is one example of cooperative banks as creditors shaped by giving loans to his debtor clients. In its consensus agreement, BPR require to register object credit in fiduciary institutions, fiduciary itself actually has many benefits for both parties if either party so injured that promises the other party can directly execute their fiduciary bail in court without waiting for the process time consuming. In practice it turns out BPR in Samarinda did not object underwriting guarantee to a fiduciary institution as some factors that could inhibit assessed their working existence.Keywords: Fidusia]]>
<![CDATA[PELAKSANAAN HAK ISTERI DAN ANAK ATAS GAJI PEGAWAI NEGERI SIPIL AKIBAT PERCERAIAN ]]>
<![CDATA[Remon Egle]]>
<![CDATA[ Journal of Law ( Jurnal Ilmu Hukum ) Vol 2, No 1 (2013) ]]>
Publisher : <![CDATA[Universitas 17 Agustus 1945 Samarinda ]]>
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<![CDATA[ABSTRACTTechnical implementation rather than the rights of the ex- wife of her husband's former salary , salary division when the divorce was due to the will of the male civil servants salary divided as follows Legal consequences of divorce are as follows : At the level ba'in talaq , divorce is talaq which has entered level three where the couple is forbidden to reconcile his ex-wife before marrying another person prior to that person later divorced ; Divorce for li ' s, then the marriage can no longer be done for ever ; Treasure joint wealth is shared between husband and wife while the cost of maintenance and education is the responsibility of the father . More entitled to maintain his children are his mother , for the mother was married to someone else .]]>
<![CDATA[TINDAK PIDANA PENADAHAN DALAM HUBUNGANNYA DENGAN TINDAK PIDANA PENCURIAN ]]>
<![CDATA[Mulyadi Wibowo]]>
<![CDATA[ Journal of Law ( Jurnal Ilmu Hukum ) Vol 2, No 1 (2013) ]]>
Publisher : <![CDATA[Universitas 17 Agustus 1945 Samarinda ]]>
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<![CDATA[ABSTRACT Factors causing the crime of fencing include many factors the crime of theft; jeranya not factor in the theft offender committed the crime of theft: theft perpetrators are not caught factors, temperament factors (charakter) and environmental factors. The considerations that the judge used the course receive criminal. Sentence imposed is likely to be an advanced weight than if he was trying to help the judge to expedite the examination in the trial court. Criminal punishment against the fence is lighter than the thief, because in this case the thieves still get a profit by selling goods to the fence. Namely the pecuniary gain from the sale of fencing stolen goods. While a fence still have to buy and pay for it with money which turned out to be stolen goods. These are the factors in imposing sentence severity to be considered by a panel of judges who hear the case in relation to the theft and fencing.And then the author will address the criminal punishment of the perpetrators of the crime of fencing in the District Court against Samarinda.Penjatuhan criminal criminal criminal threats fencing is lighter than the theft. Therefore, the fence still must pay or fees for the goods that are fenced.]]>
<![CDATA[TINDAKAN PREMANISME SEBAGAI TINDAKAN PIDANA DITINJAU DARI KITAB UNDANG-UNDANG HUKUM PIDANA DI KOTA SAMARINDA (POLSEKTA SUNGAI KUNJANG) ]]>
<![CDATA[maswedi maswedi]]>
<![CDATA[ Journal of Law ( Jurnal Ilmu Hukum ) Vol 2, No 1 (2013) ]]>
Publisher : <![CDATA[Universitas 17 Agustus 1945 Samarinda ]]>
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<![CDATA[ABSTRACTThe times in the era of globalization not only brings great influence on the state Inonesia but also have an impact on the development of society, behavioral, and cultural shifts in the community.Such a situation is aggravated by the state of the Indonesian economy is getting weaker and the population growth rate is faster and it is not accompanied by adequate job creation. Giving rise to behavior that deviates from the public spotlight one author is an act of thuggery.Act of thuggery continues to grow from year to year so that makes unrest in society, thuggery in Indonesia is increasing fertile because thuggery has entered into the layers of people's lives, for example thuggery much employed in the company to facilitate their efforts there is also thuggery employed by the government with an excuse to protect them from external parties. It is very tragic dikehidupan a society in which the position of the security apparatus is no longer an option for those who are looking for security, but as we all know that this thuggery actions deviate from the provisions of the law but it is increasingly difficult to eradicate thuggery as we saw with thuggery until now still continue to exist even tend to increase.Decisive action of the apparatus is desirable in order to create a safe and orderly community life of this thuggery disorder.]]>
