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PENERBITAN BANK GARANSI PADA LEMBAGA PERBANKAN MENURUT UU NO. 10 TAHUN 1998
Kornelis Kornelis
Journal of Law ( Jurnal Ilmu Hukum ) Vol 4, No 1 (2015)
Publisher : Universitas 17 Agustus 1945 Samarinda
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ABSTRACT Factors that lead to bad credit, influenced by: Factors that are intertnal, namely: Misuse of credit; The low level of education; The characters are not good; Financial difficulties. External factors, which is derived from the circumstances that happen beyond the reach ability of the debtor or circumstances that force (coercion) as a state of unstable economy.Party Regional Development Bank Samarinda in making efforts to overcome bad credit, among others: Peace; Billing through legal channels. Completion of credit to BUPLN (Auction Receivables Affairs Agency); Submitted an application to the District Court to hold a foreclosure.
PENERAPAN HUKUM TERHADAP HARTA SITA MARITAL DALAM PERKARA PEMBAGIAN HARTA BERSAMA DALAM PERCERAIAN SUAMI ISTRI MENURUT UNDANG-UNDANG NOMOR 1 TAHUN 1974 TENTANG PERKAWINAN
Indah Veramita Sari
Journal of Law ( Jurnal Ilmu Hukum ) Vol 4, No 1 (2015)
Publisher : Universitas 17 Agustus 1945 Samarinda
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ABSTRACTThe results showed that the Plaintiffs filed suit based on marital seizure because of concerns about the abuse of joint property in divorce. Plaintiff does not combine with a lawsuit for divorce marital property / joint property in accordance with applicable laws in Indonesia based on the jurisprudence of the Supreme Court of the Republic of Indonesia Number 913 / K / Sip / 1982 dated May 21, 1983. While the reality is often the case, a lawsuit Divorce takes a very long time, starting from the first to the appeal.Lawsuit new division of joint property can be submitted after the divorce ruling permanent legal power. According to the UUP in the event of divorce between husband and wife has not become effective. Doubts in determining the applicable law in the field of joint property would have caused difficulties in its completion. Where the sub 4 said that about the marital property was not regulated in the PP 9 In 1975 therefore can not be treated effectively and naturally for the things that are still treated the provisions of law and the old law. Keywords : divorce, property
GROSSE AKTA YANG DIBUAT NOTARIS SEBAGAI PENGAKUAN HUTANG DALAM PERJANJIAN KREDIT PADA BANK RAKYAT INDONESIA KCU SAMARINDA
rolland palyndho bentenusa
Journal of Law ( Jurnal Ilmu Hukum ) Vol 4, No 1 (2015)
Publisher : Universitas 17 Agustus 1945 Samarinda
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ABSTRACT In the application or implementation is not easy to determine whether the proposed grosse deed has met the formal and material requirements. Especially with regard to the material requirements of the grosse deed. In practice many problematic because of developments in society for grosse deed which is based on a credit agreement of the bank as the principal agreement. Grosse deed of acknowledgment of debt agreements overlaid with another form of authority or power to sell and install security rights and others in one grosse deed is not allowed because it causes rancaunya in execution, namely whether the execution was carried out against grosse deed of acknowledgment of debt or on the certificate of encumbrance , So this law infringe the rules set forth in article 224 HIR and fatwa MA No. 213/229/85 / UM-TU / Pdt April 16, 1985 so grosse aktapengakuan debt was not pure recognition of the debtor debts to creditors a certain amount and cause of the debt recognition grosse deed null and void and the implementation of the execution can not be carried out. And the payment in installments, interest and penalties and other costs to the cost of execution that is overlaid in a debt recognition grosse deed can not be justified according to the nature of the deed grosse should be purely unilateral declaration of debituryang recognize certain amount of money owed to creditors that after with the rules in Article 224 HIR and fatwa MA No. 213/229/85 / UM-TU / Pdt April 16, 1985, while pencamtuman clause on payment in installments, interest and penalties and other costs to the cost of execution should be included in the loan agreement only. The execution procedure debt recognition grosse deed should not melaluiPengadilan State, but in practice serung case that an application for debt recognition grosse certificate must first pass through the court process and can not be directly dimihonkan grosse execution of the deed of acknowledgment of debt and it will take a long time. While the government bank Bank Rakyat Indonesia Branch Samarinda then be handed over to KP2LN and PUPN, however if the instasi filed a lawsuit to the District Court then the Court should not be refused on the grounds is not the authority of the Court.
TINJAUAN YURIDIS TERHADAP TINDAK PIDANA PENCEMARAN BAKU MUTU LINGKUNGAN HIDUP DALAM UNDANG - UNDANG NOMOR. 32 TAHUN 2009 TENTANG PERLINDUNGAN DAN PENGELOLAAN LINGKUNGAN HIDUP
Rika Oktariani
Journal of Law ( Jurnal Ilmu Hukum ) Vol 4, No 1 (2015)
Publisher : Universitas 17 Agustus 1945 Samarinda
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ABSTRACT Rika Oktariani on tittle crime juridical revew against environmental quality pollution standard. Based on caonstitution no 32 on 2009 about protection and environmental management. Guided by Mrs Kunti Widayanti SH, M.Hum as the first advisor and Mr Syamsul Bahri SH, M.Hum as the second advisor.The backround of this research is purpose to know about environment problem. Problem of pollution and nvironmental destruction are things need serious attenion. Especially on environmental quality standard were damaged and contaminated and we can also know the environmental quality standard. Comprising water quality standard, waste water quality standard, seawater quality standard, ambient air quality standard, emmisions qualiy standard,derangement quality standard and other according of science and technology development besides that to know about the factors cause of environment pollution. We can also find out how legal action against criminal offenses environment living standard of the quality standard set in constitution no 32 on 2009 about protection and management the environment.The participation of the goverment trough environment care institution to gives control and protection of the environment and make an efforts to prevention of problems. According constitution no 32 on 2009 regarding the environment explained that efforts to address the problems of pollution consisting of preventive measures against pollution problemd to the problems of pollutions consists of prevention and control measures. Because the environment is a gift from God that is should be we keeps and preserves that in good quality cacn enjoy. Keywords : Environment and Quality Standards Act – Law Number. 32 of 2009 on the Protection and Environmental Management.
TINDAK PIDANA KORUPSI DENGAN MODUS MARK UP HARGA TIKET PESAWAT DALAM PELAKSANAAN PERJALANAN DINAS. (Studi di PT. Garuda Indonesia, Tbk Cto. Samarinda)
Hilaria Teresia
Journal of Law ( Jurnal Ilmu Hukum ) Vol 4, No 1 (2015)
Publisher : Universitas 17 Agustus 1945 Samarinda
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ABSTRACTThis study aims to examine the factors of corruption mark up ticket trips using countries/regions budget, especially in the region of East Kalimantan.Official travel is an activity that is carried out by state officials/ government out of the position both in the country and abroad for the benefit of the country on the orders of the competent authorities, to the pricess of this journey almost always use air transport system, as a mode of transport which is considered very effective for the Republic of Indonesia is an acripelago, is considered effective because it has the characteristics of being able to move in a fast time. It’s just in the process of implementation of these official travel is sometimes used as a momentum by other people/person to commit fraud or irregularities commonly known service trips financial harm countries/regions for using state budget funds/regions. The offial travel deviations among others is an act of Mark Up tiket.The goal of this research is to find out what kinds of corruption, and the more specific mode of action with Mark Up ticket in the implementatiton of official travel. Results from this study indicate that is must needs be more effective solution to the problem of corruption, which is given administrative sanctions by the firm to the individual executing a business trip, and made official rules that determine the costing of services from the agency travel agent that provides service invoice transaction (Payments made after the implementation of official travel) so that no party travel agent who took the opportunity to provide the highest possible cost. Keyword : Coruption, mark up price
PERTANGGUNGJAWABAN PERDATA PT. WIJAYA KARYA TERHADAP SMKN 2 SAMARINDA TERKAIT KEGIATAN PEMBANGUNAN FLY OVER JL. AW. SYAHRANI (BERDASARKAN PERATURAN PEMERINTAH NO. 19 TAHUN 2005 TENTANG STANDAR NASIONAL PENDIDIKAN)
Rico Andreas
Journal of Law ( Jurnal Ilmu Hukum ) Vol 4, No 1 (2015)
Publisher : Universitas 17 Agustus 1945 Samarinda
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ABSTRACTEducation is learning the knowledge, skills, and habits of a group of people passed down from one generation to the next through teaching, training, or research. Education is often the case under the guidance of others, but also allows autodidact. Education must remain a top priority for the completeness of its facilities and infrastructure cultivated mainly for school. One important task of the school is to prepare students to be able to achieve optimal development. A student said to achieve optimal development if students can receive education and learning achievements appropriate to their talents, abilities and interests of its. Environment is one of the supporting factors that affect children's learning achievement. One environmental factor is the school environment. School as a formal educational institution that is very close to the views of the child activities are fun ways of teaching, curriculum, teacher relationships with students who are very close, students are adequate facilities, adequate facilities and infrastructure to support learning activities as well as the atmosphere of a school environment that is not crowded. All play an important role in the development of learning achievement of children.Keywords : Education , school environment, and infrastructure
FIDUSIA SEBAGAI JAMINAN PEMBIAYAAN DITINJAU DARI SEGI KEAMANANNYA DALAM PRAKTEK DI PERUSAHAAN PEMBIAYAAN PT. FIFGROUP TENGGARONG
Febby Aristia Andriani
Journal of Law ( Jurnal Ilmu Hukum ) Vol 4, No 1 (2015)
Publisher : Universitas 17 Agustus 1945 Samarinda
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ABSTRACT The right to acquire the remaining insurance payments occur in the case of a pure loss of the motor vehicle as collateral and objects mentioned in the events covered by insurance in the financing agreement. In this case PT. FIFGROUP entitled to file an insurance claim to the insurance company Astra Buana who have collaborated on consumer financing. From the funds of insurance claims in the melt by the insurance company would cover the remaining debt and dependents consumers at afford it, while the excess of the remaining funds disbursed will be given to the consumer as an insurance claim funds. With the events covered by the insurance contract or objects such as loss of goods fiduciary and completion of calculations on insurance claims and the entire debt financing terlunasinya consumers, fiduciary collateral financing agreement will end. It is a manifestation of the protection of goods fiduciary in view in terms of safety. Debtor or consumer who has transferred the right to object fiduciary to a 3rd party without consent from PT. FIFGROUP are defaults on the financing arrangements that have been made by both parties to the agreement. During the installment payments goes smoothly and is not constrained, then the PT. FIFGROUP will not take action to secure the unit collateral, but by taking the way of deliberation and consensus amicably with the assignor fidusianya collateral to another party to perform over the contract or over financing. Whereas in matters relating to the financing nunggak problems can be resolved by deliberation and kinship between PT. FIFGROUP, the debtor or the consumer according to the agreement the agreement, but if the state was forced PT FIFGROUP will use the services of law enforcement authorities, as a companion as well as a mediator to resolve the dispute between the two sides to reach a consensus.
KEWENANGAN PIHAK KEPOLISIAN YANG MENANGANI PERKARA PIDANA DALAM PROSES PENYIDIKAN KAITANNYA DENGAN LOCUS DELICTI
Darius Timotius Usat
Journal of Law ( Jurnal Ilmu Hukum ) Vol 4, No 1 (2015)
Publisher : Universitas 17 Agustus 1945 Samarinda
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ABSTRACT The relationship between the construction of the scene is to give a description of the suspect made by investigators for the purposes of criminal investigations to be adapted to conditions in the real scene. In practice, the reconstruction was not done in the actual crime scene. It is solely for the safety of the suspect himself in order to avoid the wrath of the people. Besides for that, as well as to suppress the reconstruction costs to a minimum, especially if the scene in which the reconstruction would be held to be outside the city. But if the scene is not located outside the city, the implementation of reconstruction is still being done in the actual crime scene.If the crime scene was not yet known with certainty, the efforts undertaken are: Doing action by way of prosecution is a technique of investigation that a criminal case was revealed, where the technique of these investigations will obtain the answers to these questions in terms of investigating a criminal case; To conduct the interrogation of the reporting the incident and request information from the patient witnesses, expert witnesses and witnesses who know the first time this criminal case. Despite the regional differences between the crime scene with the area where the discovery of the victim or the proceeds of crime does not preclude the police to uncover the criminal case, because despite differences in the area of the police are still able to work together with each other.
PENYELESAIAN KREDIT MACET OLEH PIHAK PERBANKAN DENGAN CARA NOVASI
rusbandi rusbandi
Journal of Law ( Jurnal Ilmu Hukum ) Vol 4, No 1 (2015)
Publisher : Universitas 17 Agustus 1945 Samarinda
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ABSTRACTThe most important factor to be able to do innovation is the willingness and ability of prospective new borrowers who will take over the obligation of the debtor jammed. Therefore, the obstacles encountered in the banking practice for the implementation of this novation are: Difficult to find new borrowers who are willing to take over the obligations of the debtor standstill; If the new debtor is willing to take over it did not meet the requirements presented by the creditor, in this case the bank. Or if there is no agreement between the two parties regarding the terms of a novation. For the novation is necessary to have the following stages: The existence of the willingness of prospective new borrowers to take over the debt of the debtor standstill; After the decision of the head office, the branch office will be sending a letter to the new debtor regarding the approval of the bank for their novation; Prospective new borrowers were asked to study the terms and conditions that must be met in novation; Created under the loan agreement between the bank hand with new debtor; Bank requested the notary to make a deed of novation,
IMPLEMENTASI UNDANG-UNDANG NOMOR 23 TAHUN 2004 TENTANG PENGHAPUSAN KEKERASAN DALAM RUMAH TANGGA DI KOTA SAMARINDA
Linda Astuti
Journal of Law ( Jurnal Ilmu Hukum ) Vol 4, No 1 (2015)
Publisher : Universitas 17 Agustus 1945 Samarinda
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ABSTRACT The family is the smallest social unit in society that act and a great impact on the development of social and personal development of each member of the family. Families need their own organizations and the need to head households as important figures who lead the family. Domestic violence can happen to a husband, wife, and children, and those in the domestic sphere is a difficult problem to overcome. Generally, people assume that it belongs to the family members of the man and the problem of domestic violence is a private matter that can not be interfered with by others. While the legal system and social culture that exists when it does not guarantee protection of victims of domestic violence. Factors that lead to domestic violence in the city of Samarinda is poverty / economy, unstable psychological state actors, and the wrong perception of looking at the problem of domestic violence. Of these factors, the main factors that lead to domestic violence in the city of Samarinda is poverty / economic pressure. It takes the rigor of law enforcement officials in handling cases of domestic violence in the city of Samarinda to actually implement existing sanctions under Law No. 23 of 2004 on the elimination of domestic violence to be able to pose a deterrent for the