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INDONESIA
DEDIKASI JURNAL MAHASISWA
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Articles 54 Documents
Search results for , issue "Vol 3, No 1 (2014)" : 54 Documents clear
TINDAKAN POLRI DALAM PENYIDIKAN APABILA TEMPAT KEJADIAN PERKARA BELUM DIKETAHUI SECARA PASTI DALAM PRAKTEK Rosadi rosadi
Journal of Law ( Jurnal Ilmu Hukum ) Vol 3, No 1 (2014)
Publisher : Universitas 17 Agustus 1945 Samarinda

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ABSTRACT The relationship between the crime scene reconstruction is to justify the description of the suspect that was made by investigators for the purposes of criminal investigations to be adapted to the circumstances in the actual scene. In practice, the reconstruction is not done in the actual scene. It is solely for the safety of the suspects alone to avoid the wrath of the public. In addition to that, also for pressing reconstruction costs to a minimum, especially if the scene where the reconstruction will be held just outside of town. But if the scene is not being out of town, the reconstruction is still being done in the actual scene. If the scene its not known with certainty, the efforts undertaken are: Perform the action by way of prosecution which is a technique of investigation it was revealed that a criminal case, where the techniques of this investigation will obtain answers to these questions in terms of investigating a criminal case; To conduct the interrogation of reporting the incident and request information from the patient witnesses, expert witnesses and witnesses who know the first time this criminal case. Despite the difference in area between the crime scene with the region where the discovery of a victim of crime or not deter the police to uncover the criminal case, because despite the differences in the area police can still work together with each other
PERAN KEPOLISIAN RESORT KUTAI KARTANEGARA DALAM PENANGANAN KASUS RUNTUHNYA JEMBATAN KUTAI KARTANEGARA BERDASARKAN KITAB UNDANG – UNDANG HUKUM ACARA PIDANA (KUHAP) Vita Marinda Noor
Journal of Law ( Jurnal Ilmu Hukum ) Vol 3, No 1 (2014)
Publisher : Universitas 17 Agustus 1945 Samarinda

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ABSTRACT Lifting this title is an interesting thing for authors, because of these events appear caused some speculation about the case of Kutai bridge collapse, Crime referring to allegations of corruption to the “Deliberate element”, or pure negligence that caused the workers and the person in charge in the process of maintenance, so the author want to know how exactly this event so the author lifted the title about Role of Kutai Kartanegara Police in Handling Cases of Kutai Kutai Bridge Collapse of Criminal Procedure.The research method in this thesis include the type of research that uses methods of empirical jurisdiction, primary and secondary data sources, the study site in Kutai Police and Department of Public Works , data collection techniques such as literature studies and field studies that include observation, interviews, and documentation.The purpose of this study was to determine the duties and authority of the police in handling the case of the collapse of Kutai bridge as well as for knowing what are the barriers to the investigator in charge of the case and to add the treasures of knowledge for the entire academic community of the University of Samarinda August 17, 1945 lastly.Results showed that : Kutai Police have carried out duties and responsibilities pursuant to Article 6, Article 7, Article 8 and Article 9 of Law No. 2 of 2002 on the Indonesian police in the event of the collapse of Kutai Bridge next to the investigation process by Investigator Police aquatic mammal has been in accordance with the Law - Criminal Procedure Code is reinforced in Article 16 and in the process until the beginning of the title Determination Case Suspect, Police encountered some obstacles such as case investigation activities Article 359 of the Criminal Code in conjunction with Article 360 of the Criminal Code.The author hopes of incident events Kutai Bridge Collapse of the Government and the Company is the winning bidder over do a better planning until the implementation of the maintenance of this bridge, in order to avoid further accidents which caused loss of human life, and I appreciate the performance of the police who have successfully set the suspects in the event of collapse of the Kutai Kartanegara Bridge. Keywords: Investigators, Duties and Powers of Police, Bridge Construction
TINJAUAN YURIDIS TERHADAP PERATURAN MENGENAI PENCABUTAN PERMOHONAN KASASI DALAM PENYELESAIAN PERKARA PERDATA Jesica Dewi
Journal of Law ( Jurnal Ilmu Hukum ) Vol 3, No 1 (2014)
Publisher : Universitas 17 Agustus 1945 Samarinda

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ABSTRACT            If the parties are not satisfied a civil litigant against a High Court ruling and do not want to accept the decision, he may apply to the Supreme Court of Cassation within the meaning of Act No. 3 of 2009 on on the Second Amendment Act No. 14 of 1985 on the Supreme Court. The appeal is entitled to the litigants themselves, because it was he who acted as a material, which is directly involved in the conflict are sued (to be a party to the conflict).            Appeal does is aimed to assess whether the lower levels of the judge's decision, whether the decision dibuattelah accordance with the provisions of law and procedural law, so that the litigants get justice fairest. Cassation judge's ruling also allows the improvement caused by the judge 's own fault or human error, because the judges are also human nature that can make mistakes.            Another issue with respect to these issues is concerned repeal cassation appeal itself, where the legislation does not provide further details on the matter. According to the Supreme Court 's jurisprudence, that revocation appeal is allowed as long as the decision was not handed down by the Supreme Court, if there is an appeal of the revocation of both the litigants, the proceedings in the Supreme Court not be done or stopped, but if only one party only cassation petition is revoked, while others who also did not revoke the petition filed cassation appeal, cassation proceedings levels remain to be done. Revocation appeal, should be strictly regulated and clearly in the National Civil Procedure, so that revocation appeal made by the litigants do not harm any of the parties who were also litigants in the case, so that the revocation appeal is conducted aiming to resolve cases exists and is not intended to harm the litigants.
MASALAH USAHA SARANG BURUNG WALET TEHADAP PERATURAN PEMBANGUNAN DAN LINGKUNGAN HIDUP DI KOTA SAMARINDA Gunawan Hasibuan
Journal of Law ( Jurnal Ilmu Hukum ) Vol 3, No 1 (2014)
Publisher : Universitas 17 Agustus 1945 Samarinda

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AbstractThe crisis is a situation that was a turning point that can make things better or worse added. However, behind the Indonesian economic crisis, many employers who exploit this situation to perform a variety of economic enterprises. One of the most prominent business today is the development of breeding birds nest wallet (shop) in the city center. Of the bird's saliva rather like gold or valuables. Valuable commodity always attract those who want to get wealth, especially for entrepreneurs Permission is an approval of the authorities by legislation or government regulation in certain circumstances, notwithstanding the prohibition laws. While understanding the licensing is a dispensation of a ban, usually using some basic laws permit such regions local regulations or decisions of the mayor, although in the end the decision is different in each area, but a lot of the same principles and rules, for example about the procedures and requirements completeness pengurusaan required .
DAMPAK KERUSAKAN LINGKUNGAN HIDUP AKIBAT PERTAMBANGAN BATU GUNUNG DI KECAMATAN SUNGAI KUNJANG KOTA SAMARINDA BERDASARKAN UNDANG-UNDANG NO 32 TAHUN 2009 Erni Erni
Journal of Law ( Jurnal Ilmu Hukum ) Vol 3, No 1 (2014)
Publisher : Universitas 17 Agustus 1945 Samarinda

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ABSTRACT            Environmental Damage Due to Mining Stone Mountain in Sungai Kunjang Samarinda. Guided by the Supervisor I Kunti Widayati, SH, M. Hum. and Supervisor II Isnawati, S.H, M. Hum.The problem in this paper is what is the impact of the damage caused by mining in Stone Mountain Road MT. Newer haryono Sungai Karang village Kunjang Samarinda and legal efforts undertaken by the municipality samantha according to Law Number 32 Year 2009 on PPLH.            Related to the results of the study showed that there are still many illegal stone mining mountain or do not have permission, so that many of the adverse impact directly to the affected communities. There is still a constraint in terms of the government's oversight. We recommend in this case about the impact of the mountain rock mining damage, should the Environment Agency (BLH) Samarinda be included. In the environmental impact control the government should Samarinda along with relevant agencies competent in this case the Environment Agency Samarinda expected to be proactive and more stringent in terms of supervision in order to minimize environmental damage from coal mining mountain is bad. From the research conducted it can be concluded that the lack of direct supervision and strict sanctions to the perpetrators of environmental destruction.
PROSES PENEGAKAN HUKUM TERHADAP PELANGGARAN TINDAK PIDANA RINGAN KAITANNYA DENGAN PERMA No. 02 TAHUN 2012 TENTANG PENYESUAIAN BATASAN TINDAK PIDANA RINGAN DAN JUMLAH DENDA DALAM KUHP Mansur Mansur
Journal of Law ( Jurnal Ilmu Hukum ) Vol 3, No 1 (2014)
Publisher : Universitas 17 Agustus 1945 Samarinda

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ABSTRACT There are several factors contributing to the misdemeanor in Indonesia, namely economic factors, sosilogi, and psychology, the third fakror has a close relationship with each other to bring about a misdemeanor, meaning that one of the factors that are influenced by other factors so that one factor can not be stand alone in causing trouble misdemeanor.The function of the criminal procedure law is to implement and enforce. Criminal Law. This function can be considered as a function repressit criminal law, meaning that if the act is classified as a criminal act, then such actions must be processed so that the provisions contained in the criminal law can be applied to the perpetrators: Police; Attorney and District Court. Implementation of the law was to be touched not only the man who is being tried for violations of the law, but also touching the victim of crime, and the legal officers of police, prosecutors, judges and corrections officials, and ultimately the entire nation. Law enforcement officers are human beings, as well as law offenders are people too, so that the criminal law is formal and material dealing with human beings who desire a bright tomorrow and serene.
PELANGGARAN JANJI KAWIN BERDASARKAN PASAL 29 UNDANG-UNDANG NOMOR 1 TAHUN 1974 DITINJAU MENURUT PASAL 1365 KITAB UNDANG-UNDANG HUKUM PERDATA Pangaribuan, Maruli Oscar
Journal of Law ( Jurnal Ilmu Hukum ) Vol 3, No 1 (2014)
Publisher : Universitas 17 Agustus 1945 Samarinda

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ABSTRACT            Marriage is a bond between the inner and outer man with one woman as husband and wife with the intention of forming a family (household) a happy eternal based on God. Married according to its original meaning is sexual intercourse but by the meaning mazasi (mathaporic) or legal sense is contract (agreement) which justify the marital sexual relationship as between a man and a woman.            Of the many benefits of marriage contained therein, it is encouraging more people to carry out the marriage which is also called as worship, but before implementing it 's own marriage in the society of the young couple usually establish love in a relationship of lovers, they mutually bind themselves by promises appointments, including to build a household. Promise of marriage were spoken of couples who are dating is usually only orally and in the absence of written evidence, if one of the parties deny it, it will be difficult to hold him accountable. Broken promise spoken by the male to the female, it is certainly very harmful for women.            In Article 29 of Law No. 1 of 1974 regulates mating promise or promises made between the bride and groom prior to or at the time the marriage took place. One party reneges on the promise of marriage that has been made will harm other parties who have committed themselves to the marriage promise broken by works done by one of the parties is an unlawful act that causes harm to the other party, as provided in Article 1365 of the Civil Code.            Mating the broken promise made is a tort, but when the promise was denied prior to the announcement of the marriage, according to Article 58 of the Civil Code, the promise of marriage does not have any legal effect. However, if the promise of marriage was followed by the announcement of the implementation of the marriage, then the marriage can be prosecuted broken promises upfront judge, for not fulfilling the promise of marriage as a violation of religious norms and morality in society. The need for regulation of broken promises mating in the Act No. 1 of 1974 on Marriage as laws governing marriage nationally and be a reference for the various groups in society because of broken promises mating arrangements in Article 58 of the Civil Code does not provide legal protection for women, thus providing an opportunity for men who do not abuse it for good purposes.
TINJAUAN TERHADAP TANGGUNG JAWAB YURIDIS KOMISI PEMILIHAN UMUM KABUPATEN KUTAI KARTANEGARA BEDASARKAN UNDANG-UNDANG NOMOR 15 TAHUN 2011 Dalmasius Dalmasius
Journal of Law ( Jurnal Ilmu Hukum ) Vol 3, No 1 (2014)
Publisher : Universitas 17 Agustus 1945 Samarinda

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ABSTRACKThe next General Election is an Election called vital role in a Democracy. Especially Countries such as Indonesia is a Republic, As for the Institutions it serves to meet the three Principles of Democracy, namely : Popular Sovereignty, The Legitimacy Of Government and The Change Of Government on a regular basis and to the three Principles to ensure awake and implementing the ideals of independence and prevent certain interests in government bodies or substituted popular sovereignty became sovereign rulers of democratic elections is the expectation that every citizen with the right of people every Election can be united with both and in the general election no discrimination that resulted in the Destruction of Democratic Elections. When there is no Definite Election, Election Organizer in Indonesia is the Election Commission or the Abbreviated Commission. KPU is a National institution whose jurisdiction covers the entire territory of Indonesia then the Commission is an independent agency to do its job what it is free from the influence of those who want to destroy and inhibit the performance of the Commission.in carrying out their duties as Election, Organizers burden borne by what it is large because of fatigue in demand Elections quality makes running all Election Stages are the duties and obligations of the Commission, and the Commission guidance in performing tasks on RI law Number 15 of 2011 On General Election. Keyword :Tinjauan Yuridis
URGENSINYA PERAN SERTA POLRI TERHADAP PEMUSNAHAN BARANG BUKTI NARKOTIKA PADA TINGKAT PENYIDIKAN MAUPUN SETELAH PUTUSAN PENGADILAN NEGERI MEMPUNYAI KEKUATAN HUKUM TETAP ( INKRACHT VAN GEWIJSDE ) Chandra cristian Gultom
Journal of Law ( Jurnal Ilmu Hukum ) Vol 3, No 1 (2014)
Publisher : Universitas 17 Agustus 1945 Samarinda

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Abstract The role of police on the implementation of the destruction of evidence of narcotics can be divided into two parts, namely the role of the police to the destruction of evidence in narcotics investigation conducted at the level and role of the police to the destruction of evidence after the verdict was legally binding (in Kracht van gewijsde). Constraints faced by the police in the execution of the destruction of drug evidence was given that the time available in the case of destruction of evidence in the investigation of narcotics at levels within only 24 hours since found it in a very short time it is quite difficult to police investigators were able to attend officials from relevant agencies as a witness in the event of destruction. Although officials from relevant agencies is actually present, specific to areas of conflict such as Aceh, for example, they rarely want to come because of some security reasons. Being the destruction of evidence nakotika can also pose problems in the implementation. This is due to the Narcotics Act does not regulate siting destruction of evidence of narcotics. In the case of evidence of narcotics destroyed in the level of investigation, the Narcotics Act does not specify how much should be set aside for the purposes of investigation, prosecution and examination in court, so it's a bit much to confuse investigators and police. Though police investigators is the most responsible of how the existence of evidence that narcotics should be set aside. Required considerable expense when the destruction of evidence of narcotics after the judge's decision is legally binding is done individually for each particular drug.
TINJAUAN YURIDIS TERHADAP ASAS NEBIS IN IDEM DALAM SIDANG PEERKARA PERDATA DI PENGADILAN NEGERI SAMARINDA Prengky Prengky
Journal of Law ( Jurnal Ilmu Hukum ) Vol 3, No 1 (2014)
Publisher : Universitas 17 Agustus 1945 Samarinda

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ABSTRAKPenerapan asas nebis in idem dalam gugatan perkara perdata di pengadilan. Asas nebis in idem dalam gugatan perkara perdata di pengadilan diterapkan dalam perkara terdahulu yang telah diputus oleh hakim dan mempunyai kekuatan hukum tetap, kemudian diajukan kembali untuk kedua kalinya dengan subyek hukum, obyek sengketa, dan pokok perkara yang sama. Perkara yang dinyatakan nebis in idem tidak dapat diajukan  kembali untuk kedua kalinya ke pengadilan kecuali terdapat perbedaan  mengenai subyek gugatan, obyek perkara, dan atau pokok perkaranya Interpretasi hakim terhadap perkara perdata yang dapat dikenai asas nebis in idem  : Bahwa asas nebis in idem terjadi pada perkara yang telah mempunyai kekuatan hukum tetap sehingga sudah tidak dapat dilakukan upaya hukum apapun kecuali upaya hukum peninjauan kembali. Kreteria yang harus dipenuhi agar suatu perkara dapat dikenai asas nebis in idem  yaitu bahwa subyek gugatan, obyek perkara, dan pokok perkaranya harus sama dengan subyek gugatan obyek perkara, dan pokok perkara pada perkara yang pernah diputus sebelumnya.