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<![CDATA[EFEKTIFITAS MEDIATOR DALAM PENYELESAIAN SENGKETA PERDATA DI PENGADILAN NEGERI ]]>
<![CDATA[Aulia Nur Jamilah]]>
<![CDATA[ Journal of Law ( Jurnal Ilmu Hukum ) Vol 3, No 2 (2014) ]]>
Publisher : <![CDATA[Universitas 17 Agustus 1945 Samarinda ]]>
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<![CDATA[ABSTRACT Law is a set of written and unwritten rules if violated will be sanctioned. Therefore, the existence of the law will protect the rights and obligations of each legal subject peacefully, while peace itself is a harmony between the order (order) with peace, civil cases court process is a process of fact finding and information from both sides, as a judge act as a mediator or a neutral third party, will guide and assess reasonable attention to the opinions of both parties and in case of an agreement will be formalized in a decision which it confirms the legal rights and obligations of the parties Decision peace also has the power executorial as well as court rulings and binding affirmed in Article 130 paragraph (2) HIR. Decision deed of this peace can not compared because under Article 154 Rbg / 130 HIR, deed decision peace is a supreme decision and no appeal and cassation against him. Implementation of PERMA No. 1 of 2008 on mediation procedure in this trial has yet to bring success. In an attempt to give birth to a mediator who has skills as a trial partner, is expected to Each and Every court to mediation training event for mediators. Keywords ; mediator , Perma No.1 Tahun 2008]]>
<![CDATA[PENYERAHAN PEKERJAAN KEPADA PIHAK KETIGA (OUTSOURCHING) DALAM BIDANG JASA BATU BARA DAN AKIBAT HUKUMNYA (STUDI DI PT. EPISI SUCOFINDO) ]]>
<![CDATA[Sunariyo sinariyo]]>
<![CDATA[ Journal of Law ( Jurnal Ilmu Hukum ) Vol 3, No 2 (2014) ]]>
Publisher : <![CDATA[Universitas 17 Agustus 1945 Samarinda ]]>
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<![CDATA[Abstract Labor conditions were relatively stable in the three decades of the New Order regime, the system of labor laws Indonesia shocked by the transformation suddenly of a model law Labour "corporatist" with the support of a strong state behind him, into a system that is based on the market and let the workers face " face to face "with the power of capital. These conditions completely new situation for the lives of workers in Indonesia. A drastic change like that really happen after the fall of the New Order regime.Industry downturn in Indonesia especially in Samarinda coal field resulted in termination of employment (FLE) heavily in the early to mid 2000s. In fact, Indonesia is the only Southeast Asian country that is experiencing Foreign Direct Investment (FDI) when it is negative, it means that out of the Indonesian capital is greater than the amount of incoming capital. According to data reported by the World Investment Report 2004, in 2003 the flow of capital out of Indonesia amounted to US $ 597 million, while inflow amounted to only about US $ 130 million. This puts Indonesia at position 139 out of 144 countries ranked sixth investment objective or investment destination bottom.]]>
<![CDATA[TINJAUAN YURIDIS ALASAN PEMBENAR PENGAHAPUS PIDANA MENURUT PASAL PASAL 50 DAN 51 KITAB UNDANG-UNDANG HUKUM PIDANA ]]>
<![CDATA[Dadang Firmanto]]>
<![CDATA[ Journal of Law ( Jurnal Ilmu Hukum ) Vol 3, No 2 (2014) ]]>
Publisher : <![CDATA[Universitas 17 Agustus 1945 Samarinda ]]>
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<![CDATA[AbstractState based on law (rechtsstaat), laying down the law as the rule in state law that concrete is in the form of legislation is written (positive law) or in the form of verbal maintained in public life, Talking legal means to speak about the situation, the situation and the context of that has to do with the law itself.In criminal law there are several reasons that can be used as a basis for the judge to impose law / criminal to the perpetrators or the accused are executed in court, because it has committed a crime reasons eraser criminal is that allows someone doing actual deeds have mememnuhi formulation of offense , but not convicted, for example, mental illness (article 44 of the Criminal Code) on the power force (Article 48 of the Criminal Code), the defense forced (article 49 of the Criminal Code), the implementing legislation (Article 50 of the Criminal Code) and the duties of office (article 51 of the Criminal Code )The need for regulation in the articles and a more detailed description on the bill of the Criminal Code that is the abolition of criminal derngan justification and an excuse pleased with the accountability of the perpetrators because based menjlankan laws undnag or duties of office, therefore it is suggested that the provisions of criminal offenses crime also other crimes, equipped with the formulation of elements of the offense, memudahlan It is intended for implementation of provisions on the type of offenses concerned.]]>
<![CDATA[PERJANJIAN PEMBERIAN KUASA PENJUALAN BARANG DENGAN SISTEM COUNTER PADA PERTOKOAN BIG MALL SAMARINDA ]]>
<![CDATA[Ria Pratiwi]]>
<![CDATA[ Journal of Law ( Jurnal Ilmu Hukum ) Vol 3, No 2 (2014) ]]>
Publisher : <![CDATA[Universitas 17 Agustus 1945 Samarinda ]]>
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<![CDATA[AbstrackContracts for the sale of goods with the power of counter system, originally done by agreement between the parties. Suppleir first party to apply the clause care goods to the Big Mall, followed by bidding on all terms of the agreement referred to by the Big Mall. After suppleir approve all the requirements of the suppleir gave agree on terms perjanijian indicated, these agreements can be realized that the form of the delivery of goods by suppleir the Big Mall. A series of legal actions that legally can be qualified as an act of authorization of suppleir. In deed the agreement, as exemplified in section I of Chapter III, Article 12 determined that determine all matters relating to the power sales contracts for goods in question, either on a counter salesperson, sales system. responsibilities of the parties, penalties in the event of a dispute because of non-fulfillment of achievement, payment procedures, the expiration of the agreement.]]>
<![CDATA[PENTINGNYA ITIKAD BAIK DALAM PERJANJIAN TUKAR TAMBAH KENDARAAN RODA EMPAT PADA SHOWROOM ZIKRI DI SAMARINDA ]]>
<![CDATA[Ariza Ramadani]]>
<![CDATA[ Journal of Law ( Jurnal Ilmu Hukum ) Vol 3, No 2 (2014) ]]>
Publisher : <![CDATA[Universitas 17 Agustus 1945 Samarinda ]]>
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<![CDATA[ABSTRACTBoth parties must be acting in good faith in carrying out an agreement. There are times when good faith has been fully carried out and considered, but the implementation of the agreement is still in a deadlock (deadlock). This is where attention is required in the direction of compliance so that an event can be resolved satisfactorily. Of course, as is the case with all the goods things that contain award (waardering), compliance is not likely to result in a settlement satisfactory event every human person, but always is not absolute (relatief), which is worth in the thoughts and feelings of people who are in charge of completing a events, such as Judge or the Administration after watching all the factors, which can be used in a natural state of mind and feelings of the people.Occur close relationship between the doctrine of good faith in the implementation of the agreement and the theory of confidence at the time of the agreement. Good faith (Article 1338, paragraph 3) and decency (Article 1339) is generally mentioned in the same breath, if the judge after testing the appropriateness of an agreement can not be implemented then it means that the agreement was contrary to public order and decency. Agreement is not only determined by the parties in the formulation of the agreement but also by good faith and decency, so in good faith and decency were also specify the content of the agreement. With such an agreement, especially treaty Rates plus moving objects when the vehicle type is not implemented in good faith (bad faith) that the agreement is contrary to public order and morals and norms applicable law.]]>
<![CDATA[KEWENANGAN KEPOLISIAN NEGARA REPUBLIK INDONESIA ( POLISI PERAIRAN ) DALAM PEMBERANTASAN TINDAK PIDANA PELAYARAN OVERDRAFT DI TINJAU MENURUT UNDANG - UNDANG NOMOR 2 TAHUN 2002 TENTANG KEPOLISIAN NEGARA ]]>
<![CDATA[Edy Sanjaya]]>
<![CDATA[ Journal of Law ( Jurnal Ilmu Hukum ) Vol 3, No 2 (2014) ]]>
Publisher : <![CDATA[Universitas 17 Agustus 1945 Samarinda ]]>
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<![CDATA[ABSTRACTCriminal offenses cruise is one of the criminal acts that occurred in the waters and a threat to the crew or passengers and cargo in the payload, and here the role of water police as acting principal in the waters of the competent prosecuting criminal offenses in accordance with the authority of the Police as contained in Article 16 of Law - Law No. 2 of 2002 on State police can make arrests, detentions, searches and seizure. Sailing criminal offense provisions set in the Law - Law No. 17 of 2008 on Shipping in Chapter XIX of Article 284 to Article 336. Enforcement will be undertaken in order to combat criminal acts cruise excessive overdraft or charge for the creation of law enforcement in the waters under the principles rule of law in Article 2 of Law - Law No. 17 of 2008 on the cruise]]>
<![CDATA[PERANAN PEMERINTAH DALAM KAITANNYA DENGAN PERJANJIAN FRANCHICE BENTUK USAHA ALFAMIDI DI SAMARINDA ]]>
<![CDATA[Yudhi Bintoro]]>
<![CDATA[ Journal of Law ( Jurnal Ilmu Hukum ) Vol 3, No 2 (2014) ]]>
Publisher : <![CDATA[Universitas 17 Agustus 1945 Samarinda ]]>
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<![CDATA[AbstractIn Indonesia's economy, one of the fields is quite prominent is the trade sector. It has three main activities, namely the economic system of production, distribution and consumption. One way of distributing the expanding business internationally is through licensing, as an alternative attempt to get closer to consumers in a country as well as to reduce the impact of transport costs high export, as well as the risk of loss of product from the market as a result of transportation risks and embargo which may done politically.Freedom of contract would only result in maximum benefit when there is an unfair distribution of wealth it or is not satisfactory, then the exchange generated by the agreement will reflect the injustice and discontent. Important qualification of the progress of freedom of contract to produce a satisfactory distribution was almost completely been ignored by the classical economists are rarely questioned about inequality in society. The use of goods produced in Negeri.Sebagai suppliers or the Franchise thus get boost and develop small and medium enterprises in Samarinda.]]>
<![CDATA[TINJAUAN YURIDIS TERHADAP PERJANJIAN ANJAK PIUTANG YANG TIDAK MEMENUHI KETENTUAN PASAL 613 KUH PERDATA ]]>
<![CDATA[Syahrani Syahrani]]>
<![CDATA[ Journal of Law ( Jurnal Ilmu Hukum ) Vol 3, No 2 (2014) ]]>
Publisher : <![CDATA[Universitas 17 Agustus 1945 Samarinda ]]>
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<![CDATA[Abstract In the business world or in running an enterprise that money is one of the main factors in developing or maintaining its existence. However, sometimes suatuperusahaan not have sufficient funds or cash flow was not smooth, because the bills delayed up to several months. Transfer of receivables on behalf of both the rise of credit transactions as well as the issue of trade transactions conducted with cessie and notification of the debtor. This notification is intended that the debtor is bound to the agreement made by the factor and the client.In the implementation of the factoring agreement without notification / Notifications, the client should perform his duty well, because otherwise these factors will greatly harmed. Though factors have been taking a very high risk by accepting the transfer of its receivables though without notification of the debtor. This is done by keeping in mind that the factors factor is cooperation partner companies that need funds immediately.]]>
<![CDATA[PERMASALAHAN TIDAK DILAKSANAKANNYA ASAS ITIKAD BAIK DALAM PERJANJIAN ELEKTRONIK ]]>
<![CDATA[Warno Warno]]>
<![CDATA[ Journal of Law ( Jurnal Ilmu Hukum ) Vol 3, No 2 (2014) ]]>
Publisher : <![CDATA[Universitas 17 Agustus 1945 Samarinda ]]>
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<![CDATA[AbstractThat the Republic of Indonesia is including developing countries, and the development of the Indonesian state is not just in one area, but in all fields. In the long term development of this began to seem that the people of Indonesia experienced a change that leads kemasyarakat consumptive and productive. It is very clear from the diverse needs of the community and are included in the category of simple goods to luxury goods.Facts show that gradually and surely. the forms of agreements that are used in Indonesian society has changed and agreement perkembangarn Originally conceived as the terms and conditions agreed by the parties as a result of negotiations or negotiations between parties making. However, at this point indicates that most are not found agreement in the form of standard or standard (standardized contract) and electronic agreement (digital contract) are widely used in electronic commerce (e-commerce).The need for cadre for law enforcement to recognize and further insight and depth of technology and electronic information in order to avoid mistakes in the understanding of technology and electronic information that, due to the implementation of the legal acts that occurred conventional system differs from the implementation of the legal actions that have used technology systems]]>
<![CDATA[FAKTOR-FAKTOR YANG MENGHALANGI PELAKSANAAN PERJANJIAN DALAM PEMBERIAN KREDIT PROPERTI ]]>
<![CDATA[Roy Thery]]>
<![CDATA[ Journal of Law ( Jurnal Ilmu Hukum ) Vol 3, No 2 (2014) ]]>
Publisher : <![CDATA[Universitas 17 Agustus 1945 Samarinda ]]>
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<![CDATA[Abstract Starting from the issuance of Law No. 4 of 1996 on security rights over the land and objects relating to land (Act Encumbrance) on April 9, 1996. The Act which is the implementing regulations of the institution as security rights over land mandated by Article 51 of Law No. 5 of 1960 on the Basic Regulation of Agrarian Principles (BAL), which contains several provisions that could be called as an important breakthrough. One of the provisions is quite prominent is the permissibility of land status on the State Land Use Right as collateral or encumbered Mortgage. For the community and business property, such provision is of course very positive. The people holding the right to use can improve the economy, because they can utilize the credit facilities from financial institutions to develop their business. While the Housing Development Company (Developer), also greatly helped by this provision. First, because the right to use the land already has economic value. Secondly, there is no obstacle for the developer to expand the market or sell the property that they built on the land-use rights to foreigners.]]>
