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<![CDATA[SUATU TINJAUAN TERHADAP PERATURAN MENGENAI PENCABUTAN PERMOHONAN KASASI DALAM PENYELESAIAN PERKARA PERDATA ]]>
<![CDATA[Herman Herman]]>
<![CDATA[ Journal of Law ( Jurnal Ilmu Hukum ) Vol 4, No 2 (2016) ]]>
Publisher : <![CDATA[Universitas 17 Agustus 1945 Samarinda ]]>
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<![CDATA[ABSTRACTION This study aims to review of legislation governing the time limit for filing the petition cassation an learn about the process and procedures for revocation request in the resolution of civil cases Cassation. As is well known, if the parties are litigating civil felt dissatisfied with a decision of the High Court does not accept the ruling, then he can apply Cassation, the Supreme Court as stipulated in Law no.4 of 2004 on the Supreme Court. As for the right to nominate Cassation is the litigants themselves, because it was he who acts as the material, which is directly involved in the conflict were sued. The results showed that when the cassation has exceeded the time limit of 14 days, then it can not be accepted back, while the day in requestion, including weekdays and does not include holiday or official grand and revocation of cassation by the applicant, in principle, allowed for his case yet decided by the Supreme Court, in case of revocation of the applicant’s appeal of his case in the Supreme Court examination not be performed or stopped.However, if only one party who revoke cassation, where as the other parties who filed an appeal does not withdraw the application, then the examination of the case on appleal is still being done.In this case the lifting of cassation should be set firmly and clearly and clearly in the National Civil Procedures Law to come, so it does not harm either party]]>
<![CDATA[TINJAUAN HUKUM TERHADAP IZIN PENEBANGAN POHON PADA DINAS PERTAMANAN KOTA SAMARINDA BERDASARKAN PERATURAN DAERAH NOMOR 19 TAHUN 2013 TENTANG PENGHIJAUAN ]]>
<![CDATA[Dian Utari]]>
<![CDATA[ Journal of Law ( Jurnal Ilmu Hukum ) Vol 4, No 2 (2016) ]]>
Publisher : <![CDATA[Universitas 17 Agustus 1945 Samarinda ]]>
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<![CDATA[Abstract The existence of natural resources, water, land and other resources that determine the daily human activities. Man can not live without air and water. Conversely there is also a very human activity affecting the availability of resources and the surrounding environment.Article 1 paragraph 2 of Regulation of the Minister of the Interior No. 1 Year 2007 on Spatial Planning Green Open Urban Area reads "Green Open Space Urban Area hereinafter abbreviated RTHKP is part of the open space an urban area populated by plants and crops to support the benefits of social, cultural , economy and aesthetics ". Criminal sanctions against the misuse of the felling of trees can be run in accordance with the Regional Regulation No. 13 In 2013 for every offense committed may be subject to criminal sanctions.]]>
<![CDATA[PENGAKUAN PARA PIHAK SEBAGAI PERTIMBANGAN HAKIM DALAM MEMUTUS PERCERAIAN DI PEGADILAN AGAMA SAMARINDA (Studi Kasus Di Pengadilan Agama Samarinda ) ]]>
<![CDATA[Arbain Arbain]]>
<![CDATA[ Journal of Law ( Jurnal Ilmu Hukum ) Vol 4, No 2 (2016) ]]>
Publisher : <![CDATA[Universitas 17 Agustus 1945 Samarinda ]]>
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<![CDATA[ABSTRACTThe existence of Religious Courts under Act No. 7 of 1989, as amended by Act No. 3 of 2006 one of the courts in Indonesia, in addition to the District Court, the Military Court and the Administrative Court as stipulated in Law No. 14 of 1970 on the Main Principles of Judicial Power, which has been revised in Law No. 35 of 1999 and subsequently converted into Law No. 48 of 2009 on Judicial Power.One form of the examination process in the civil procedural law of evidence used as a tool to convince the judge the truth of the proposition or the reasons set forth in the dispute. Some problems can be formulated in this research is how the inspection procedure and whether the recognition of a divorce case can be accepted as proof that stand alone in a divorce case in the Religious.Preparation of this paper by using the library (library research) literature that the basic material in the form of expert opinions and legal provisions of law that there is a link with the issues mentioned above as well as conduct research with interviews and observations in the Religious Court Samarinda.The results of the study authors get is a divorce case examination procedure in Samarinda Religious Courts in accordance with applicable law. Recognition in the case of divorce cases in the Religious Court can not be used as evidence but must be corroborated by other evidence.The conclusion of this study is the author of the examination procedure in Samarinda Religion divorce cases in accordance with applicable law and recognition can not be used as evidence in the trial. Advice the author gives is that the admission as evidence can be applied also to avoid multiple interpretations that need to be regulated in the law in Indonesia.Keywords: Recognition of Marriage Act Law 1 1974, recognition as one type of evidence]]>
<![CDATA[TINJAUAN YURIDIS TERHADAP ALOKASI DESA DI KECAMATAN TABANG YANG TIDAK SESUAI DENGAN PROGRAM PEMERINTAH KABUPATEN KUTAI KARTANEGARA ]]>
<![CDATA[Supardi Supardi]]>
<![CDATA[ Journal of Law ( Jurnal Ilmu Hukum ) Vol 4, No 2 (2016) ]]>
Publisher : <![CDATA[Universitas 17 Agustus 1945 Samarinda ]]>
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<![CDATA[ABSTRACTThe purpose of this study is to provide an overview of the implementation of the Village Fund Allocation in the village of barusub district tabang kutai regency as well as contributing factor and obstacles affecting the implementation and strategies that must be done in order of success programs government but it also will provide recommendations to the local government in the management of the village fund allocation.The method used in this research is qualitative descriptive method, where the main instrument in the study is the researchers themselves. Sources of date used is the source of primary data and secondary data relating to the circumenstances of government programs. In this study, the authors also use the survey in order to obtain primary data on the village fund allocation policy in new village district of tabang regency. On the basis of available data, the authors attempt to describe/ illustrate a systemtic, factual and accurate information on the facts, characteristic and relationship between phenomena that exist. The results showed that the implementation of the policy of the village fund allocation (ADD) in the village of barusud district tabang kutai regency went pretty smoothly. However, when linked whit the government programmes, the implementationof the village fund allocation (ADD) in new village district of kutai regency tabang not optimal. Although the purpose of improvement of government and community development, has been implemented optimally, but the purpose of the upgrading of an association of villages in the planning, implementation and control of the development has not run optimally. Likewise, the purpose of increasing the participation of non-governmental mutual aid society is not optimal.Some of the factors that affect the implementation of the programmes government in managing the village fund allocation (ADD) in the village of barusub distric tabang kutai regency is comumunication, human resource capabilities, attitudes executor, buresucratic structure, the environment and the size and purpose of the policy is not appropriate.]]>
<![CDATA[PERANAN PEMERINTAH DALAM TATA KELOLA PASAR MALAM BERDASARKAN PERATURAN DAERAH KOTA SAMARINDA NOMOR 13 TAHUN 2011 TENTANG RETRIBUSI JASA UMUM ]]>
<![CDATA[Novi Yanti Sari]]>
<![CDATA[ Journal of Law ( Jurnal Ilmu Hukum ) Vol 4, No 2 (2016) ]]>
Publisher : <![CDATA[Universitas 17 Agustus 1945 Samarinda ]]>
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<![CDATA[ABSTRACT This study, entitled “The Role of Government Governance Night Market Based Samarinda City Regional Regulation No. 13 of 2011 Concerning Public service levies”. This study aims to determine the role of the government of Samarinda in Managing the Night Market in the city of Samarinda and to know how to maximize the regional revenue through levies on the Market Night Market. This research was conducted in the Office of the City Market Samarinda to conduct interviews with the Head of Revenue and retrieve the data that is relevant in the market especially regarding levies Night Market. In addition, the study also conducted a study of literature by way of examining the books, literature and laws and regulations relating to the issues that will be discussed in the thesis writer. The findings obtained from this study include: (1) the absence of local regulations that specifically govern the management of the night market in Kota Samarinda. (2) The efforts made by the Office of Market Management Samarinda to obtain retribution from the market from traders who sold the night market, among others by direct observation on the location of the night market so as to obtain the data to develop a night market. In addition the market management office asking for the enactment of local legislation new regional regulations in order to provide facilities such as proper infrastructure specific to the merchant who sold the night market. To do so, the levy charged to the merchant who sold the night market, ultimately achieved balanced development of both government and society, especially the night market traders. Keywords: Governance Night Market, Regulation No. 13 In 2011.]]>
<![CDATA[TANGGUNG JAWAB YURIDIS RUMAH SAKIT TERHADAP PERLINDUNGAN HAK PASIEN SELAKU PENGGUNA JASA PELAYANAN KESEHATAN ]]>
<![CDATA[Rusniawati Ayu Safitri]]>
<![CDATA[ Journal of Law ( Jurnal Ilmu Hukum ) Vol 4, No 2 (2016) ]]>
Publisher : <![CDATA[Universitas 17 Agustus 1945 Samarinda ]]>
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<![CDATA[ABSTRACT Every human being has been born human rights. One of the human rights that are recognized and respected in Indonesia is the right to health. The right to health is set directly in the Indonesian constitution, namely in Article 28H of the Constitution of the Republic of Indonesia Year 1945, which stipulates that "Everyone has the right to live in welfare and spiritual birth, residence, and obtain environmental good and healthy and receive medical care ". The importance of health requires effort to achieve health in accordance with the constitutional mandate and legislation as well as the concept of the importance of health in many aspects. If the patient experiences a loss due to the negligence or fault of health workers, the patient is entitled to receive compensation, because the positions as the patient suffered losses caused by the hospital as a result of default or unlawful acts. The relationship between doctors and patients have a contract (the doctrine of social-contract), which gives the public profession of the right to self-regulating (autonomous profession) the obligation to provide a guarantee that the professionals who practice only professionally competent and who carry out the practice of his profession in accordance with the standards. Hospital paradigm change of social institutions into socio-economic institutions that can be used as subjects of law. Therefore, it should be anticipated with clarity about the rights and responsibilities of each stakeholder in the management of the hospital, which will be organized into Hospital bylaws (Statute). Hospital as a health care institution whose energy multi-disciplinary terms with funds and technology. So it does not close the possibility of conflicts between interested parties between the customer with palayanan providers, as well as between the owner and the manager or manager with his staff. Hospital Bylaws (Statute) is one form of written rules that apply in a hospital in order to protect all parties concerned is good and right by a sense of justice.. Keywords : protection, rights, patients]]>
<![CDATA[TANGGUNG JAWAB MASKAPAI PENERBANGAN TERHADAP HILANGNYA BAGASI PENUMPANG BERDASARKAN UNDANG-UNDANG NOMOR 1 TAHUN 2009 TENTANG PENERBANGAN ]]>
<![CDATA[Eka Susanti]]>
<![CDATA[ Journal of Law ( Jurnal Ilmu Hukum ) Vol 4, No 2 (2016) ]]>
Publisher : <![CDATA[Universitas 17 Agustus 1945 Samarinda ]]>
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<![CDATA[ABSTRACT The research aimed at investigating and comprehending the flight corporation responsibility implementation on the passengers who underwent the losses, and the efforts which could be taken by the passengers towards the flight corporations on the losses they suffered.All the data obtained in the research either the primary or secondary data were analysed using the qualitative analysis technique, the data were then described by analyzing the existing problems.The research result indicates that the flight corporations having the role as the air carriers have the responsibilities on the passengers. The responsibilities are in the forms of the responsibilities on the accidents, goods losses, and departure times. The responsibilities are regulated by the clear rules in the Acts of Republic of Indonesia Number 1 Year 2009 concerning the flight, and the Regulation of the Minister of Transportation Number 77 Year 2011 concerning the responsibilities of the air carries. The research indicates that the implementation of the flight corporation responsibilities to the passengers has not been optimal. It can be seen that the flight corporations are still frequently escaped from their responsibilities in giving the compensations to the passengers. As for the next control efforts of the Airline is to disseminate the news throught a variety of visual and print media advertising in the form of social services or appeal installe in the airport area of about breaches carry valuables in the trunk. The warning sanction or hold a certificate issued to the airline if it is not liable for damages suffered by passengers. Keywords: Responsibility Airlines, Airlines, baggage Goods Carrying, passangers, Compensation.]]>
<![CDATA[PROSES USULAN PEMBERIAN HAK GUNA USAHA YANG TIDAK SESUAI DENGAN PROSEDUR MENURUT PERATURAN KEPALA BADAN PERTANAHAN NASIONAL ]]>
<![CDATA[Cahyo Fajrin Yuliansyah]]>
<![CDATA[ Journal of Law ( Jurnal Ilmu Hukum ) Vol 4, No 2 (2016) ]]>
Publisher : <![CDATA[Universitas 17 Agustus 1945 Samarinda ]]>
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<![CDATA[AbstractIn order to provide legal certainty to the plantation development sector, especially in the field of land, it is necessary to have a right to land which gives authority to the right holder to control and physically entitate the land given the right. The right to land that can accommodate the field of plantation development is the Right to Use Enterprises (HGU). But on the other side of the current development of plantation land that has been clung to the Hak Guna Usaha (HGU) many claimed even occupied by the community for certain reasons that cause its own problems in order to manage plantation land.In order to grant location permit by Local Government begins with synchronization of data related institutions, so there is no overlap of licensing with the land / location of the land that will become the object of the Right to Use Enterprises.]]>
<![CDATA[PERANAN LEMBAGA PEMBIAYAAN EKSPOR TERHADAP USAHA KECIL DAN MENENGAH BERDASARKAN UU NO. 2 TAHUN 2009 TENTANG LEMBAGA PEMBIAYAAN EKSPOR INDONESIA ]]>
<![CDATA[M. Tino Sendy Pangestu]]>
<![CDATA[ Journal of Law ( Jurnal Ilmu Hukum ) Vol 4, No 2 (2016) ]]>
Publisher : <![CDATA[Universitas 17 Agustus 1945 Samarinda ]]>
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<![CDATA[ABSTRACTIONIndonesia's economy is increasingly integrated into the global economy that puts the value of competitiveness, product quality and efficiency increasingly emphasized the need for the application of the principle of economic democracy in a legislation. The development of a sustainable economy should be able to increase the value added at each link of the national economy so that the Indonesian people are able to realize the economic sovereignty of Indonesia which is one of the benchmark is the increased capability in producing goods and services that are competitive in the global market. Achievement of this goal is becoming increasingly relevant for foreign trade, contributing in the national economy is increasingly important. Problems in export activity would arise when SMEs export oriented itself does not seek to minimize the obstacles to its activities as a result of lack of understanding of the procedures of export activity. Therefore we need an independent export financing institutions that are capable of supporting a low-cost export financing to small and medium enterprises, export financing institutions like the developed world that have special advantages that have access to low cost international funding. Thus, the agency can provide export credits with low interest, so that the government does not have to provide interest subsidies or special policies to support export activities. Look at the experience of other countries, in order to optimize the foreign trade transactions, the Indonesian Export Financing Agency (LPEI) gave the facility is expected to financing, guarantees, and insurance in order to export in order to realize the national large-scale exports and the impact on economic development in Indonesia. The enactment of Act No. 2 of 2009 on LPEI mandates that the agency will eventually overcome various obstacles that are often faced by SME oriented export activities. Keywords: Role of Exports Financing Agency Against Small AndMedium Based on Law No. 2 Year 2009 About the OrganizationIndonesian Export Financing]]>
<![CDATA[KEKUATAN HUKUM PERJANJIAN JUAL BELI SEBIDANG TANAH DENGAN UANG MUKA YANG DILAKUKAN DIHADAPAN NOTARIS / PPAT ]]>
<![CDATA[Mahfuzah Hidayah]]>
<![CDATA[ Journal of Law ( Jurnal Ilmu Hukum ) Vol 4, No 2 (2016) ]]>
Publisher : <![CDATA[Universitas 17 Agustus 1945 Samarinda ]]>
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<![CDATA[ABSTRAK Keabsahan akan jual beli yang telah dinyatakan oleh Majelis Hakim dalam perkara perdata No. 30/Pdt.G/2002/PN.Smda masih premateur. Akan tetapi sudah menjadi kenyataan dalam suatu putusan. Untuk itu seharusnya pihak yang dikalahkan atau kurang puas atas putusan tersebut, menggunakan haknya untuk melakukan upaya hukum yaitu upaya banding selama putusan pengadilan tersebut belum mempunyai kekuatan hukum tetap (Inkracht Van Gewisjde), terhitung setelah 14 (empat belas) hari putusan itu diberitahukan. Akan tetapi apabila telah lewat waktu 14 (empat belas) hari sejak putusan diberikan kepada pihak yang dikalahkan namun tidak digunakan haknya, putusan pengadilan harus dianggap telah mempunyai kekuatan hukum tetap (Inkracht Van Gewisjde).Kekuatan hukum perjanjian jual beli terlepas dari asas kebebasan berkontrak sebagaimana tercantum dalam pasal 1338 KUH Perdata belum bisa dikatakan mempunyai kekuatan hukum. Akan tetapi sudah menjadi suatu kenyataan, kekuatan hukum perjanjian jual beli seperti dalam kasus ini untuk dapat dikatakan kekuatan hukum perjanjian jual beli tergantung dari keabsahan yang telah diputus oleh pengadilan. Adapun kenyataannya sebagaimana telah diputus oleh pengadilan bahwa ternyata perjanjian akan jual beli telah dikuatkan dan dinyatakan sah menurut hukum. Oleh sebab itu, mau tidak mau perjanjian jual beli antara Tergugat I dengan Tergugat II menjadi batal.]]>
