Garuda - Garba Rujukan Digital

KEALPAAN PERUSAHAAN TIDAK MENDAFTARKAN PEKERJA BERKAITAN JAMINAN KESEHATAN DAN KESELAMATAN KERJA HINGGA HILANGNYA NYAWA PEKERJA Hendra Sulisthio
Journal of Law ( Jurnal Ilmu Hukum ) Vol 4, No 2 (2016)
Publisher : Universitas 17 Agustus 1945 Samarinda

Show Abstract | Download Original | Original Source | Check in Google Scholar

ABSTRACT The Social Guarantee of Labor as on kind of social guarantee which gives both protection and welfare for labor human is participates in development activities by reducing unconvinced future, creating work serenity and tranquility efforts ; therefore, it can improve both production and productivity. The benefits in performing the social guarantee are very enjoyed by the labor, especially for low income workers even minimum levelof income,in which it do not cut their wagws for treatment costs if they or their family member are sick. This research is analytic-deskriptive feature, it is the research aimed to obtain entire, complete and systematic description about the responsibility of the Limited Company (PT) in registering their workers as the Social Guarantee Participant of Labor in Samarinda City. It is analytic fuature, because both symptoms abd facts stated by respondent, then, will analyzed for various law aspects either from limited company regulation or civil law and labor law. The implemented approach is juridical-empirical, that is a research which analyzes the regulations of law then related with data and behavioral of the doers concerned with the title of research. The responsibility of Limited Company in registering their workers as the Social Guarantee Participant of Labor is accordance with mandate of Act Number 13 Year 2003 about Labor, Act Number 3 Year 1992 about the Social Guarantee of Labor, that authorizes all entrepreneurs exactly to pay the wages of their workers above Rp. 1.000.000,- (one million rupiah) or employing 10 workers, it is a must to register them for social guarantee of labor. Some factors caused Limited Companies do not register their workers as the Social Guarantee of Labor are many of them are in contract system and there is Unregistered Company (PWBD), low-income workers, and under regional wages, also there are many companies state that the Social Guarantee of Labor Program is not their responsibility. In solving the case of the Limited Companies which do not register their workers as the guarantee social participant is by performing the socialization to all companies and also creating a collaborative with Justice Party to take action againts the companies that do not register their workers as the Social Guarantee Participant formally. Keywords : The Responsibility of Company, The Social Guarantee Participant of Labor.

PRO DAN KONTRA RANCANGAN PERATURAN PEMERINTAH PENGGANTI UNDANG-UNDANG TENTANG SANKSI KEBIRI BAGI PELAKU PEDOFILIA DARI SUDUT PANDANG HAK ASASI MANUSIA Norita Norita
Journal of Law ( Jurnal Ilmu Hukum ) Vol 4, No 2 (2016)
Publisher : Universitas 17 Agustus 1945 Samarinda

Show Abstract | Download Original | Original Source | Check in Google Scholar

ABSTRACTPedophilia is an abnormal behavior and personality which tend to do sexual relationship with children. There are many sexual abuse and criminal to children arouse anxiety to parent as well as community and country, so Indonesia currently can be categorized as face serious emergency situation relate to children sexual harassment criminality. Punishment proposal for emasculated to criminal of pedophilia is consider could reduce and even prevent criminal act of sexual to children. However, there are pro and contra to this government regulation proposal which make Government should be aware and cautious to take decision. Especially if emasculated is against Human Rights issue.This research is conducted used normatif yuridis method with collect some books, Regulation and professional to know various inputs as consideration from many communities and stakeholders toward Government Regulation proposal about emasculate from Human Right perspective. Research data source come from Regulation Act to Children Protection, Regulation Act on Human Rights, Criminal Act, Books, Journal, electronic media, print media as well as interviews.Results of researched by LPAI within years 2010-2014 from 21.689.797 cases, 58% are sexual criminal cases. From KPAI within years 2010-2014 from 22 millions cases, 42% are sexual criminal cases. From KPAID Samarinda in 2015 is 137 cases sexual abuse and criminal to children. These showed that sexual criminal to children are very high therefore it need sever punishment compare to previous punishment which regulated within Criminal Act Law or KUHP and State Law No. 35 Year 2014 about Children Protection. Severe punishment is needed to regulate in order to reduce and protection from sexual criminal action toward children without causing pro and contra within community and if it is against Human Right issue. Key Words: Pro and Contra, Government Regulation,Emasculated, Pedofilia and Human Rights.

TINJAUAN TERHADAP PERJANJIAN KREDIT DENGAN JAMINAN FIDUSIA Ratni Sadiah
Journal of Law ( Jurnal Ilmu Hukum ) Vol 4, No 2 (2016)
Publisher : Universitas 17 Agustus 1945 Samarinda

Show Abstract | Download Original | Original Source | Check in Google Scholar

ABSTRACT This thesis title is "Overview Of Credit Agreement With Fiduciary" This thesis is a study of Law number 42 of 1999 on fiduciary. The main problem of this study is that turns out to be a debtor does not mengertimengensi hukun fiduciary while being creditors only after the customer as much as possible, as a result of this, many misunderstandings regarding the implementation of the law fiduciary, both creditors and debtors. This study is intended to troubleshoot problems arising from the fiduciary can be overcome and the Act - legislation fiduciary as laws to protect the rights of creditors and the rights of creditors. The purpose of these studies in order for the parties that entered into fiduciary truly understand the implementation of law number 42 of 1999 on fiduciary. The research method of this thesis is more emphasis on normative juridical, this thesis merekornendasikan conceptual and practical implementation of law number 42 of 1999 on fiduciary, that the Ministry of Justice and Human Rights, in this case the Registration Office Eidusia to do counseling by the law under which most of them become creditors in financial institutions, and the financial institutions in particular iembaga lembagr financing relating to the fiduciary agreement, it relates to an increase in human resources in the financial institutions, especially the security inventasi.

PEMBATALAN PERKAWINAN KARENA ADANYA PEMALSUAN IDENTITAS MENGENAI STATUS DIRI ISTRI DI PENGADILAN AGAMA KOTA SAMARINDA (Study Kasus Putusan Nomor 1503/Pdt.G/2015/PA.Smd) Dewi Rahmawati
Journal of Law ( Jurnal Ilmu Hukum ) Vol 4, No 2 (2016)
Publisher : Universitas 17 Agustus 1945 Samarinda

Show Abstract | Download Original | Original Source | Check in Google Scholar

ABSTRACT Normally the Religious Court Decision No. 1053 / Pdt.G / 2015 / PA.Smd . The judge granted the annulment of marriage on the grounds Petitioners feel cheated . Law No. 1 of 1974 in Article 27 paragraph ( 2 ) explains that a husband or wife may apply for annulment of marriage at the time when the course of mating the wrong idea about themselves husband or wife . One would have thought about themselves spouses mentioned in article 27 paragraph 2 of Law No. 1 of 1974 can be expanded understanding , not only his mistakes about themselves , but also including the state of the person as a fraud . The fraud here was not only done by the men, but can also be done by the female . Of the men are usually done in the form of fraudulent falsification of identity , of the women usually hide the flaws in him. Keywords : Cancellation of Marriage , Identity Fraud

PELAKSANAAN PENUNDAAN KEWAJIBAN PEMBAYARAN UTANG TERHADAP PERJANJIAN SEWA MENYEWA MENURUT UNDANG-UNDANG NOMOR 37 TAHUN 2004 Rahmat Efendi
Journal of Law ( Jurnal Ilmu Hukum ) Vol 4, No 2 (2016)
Publisher : Universitas 17 Agustus 1945 Samarinda

Show Abstract | Download Original | Original Source | Check in Google Scholar

ABSTRAK Diundangkannya Undang-Undang Nomor 37 Tahun 2004 tentang Kepailitan dan Penundaan Kewajiban Pembayaran Utang pada tanggal 18 November 2004 oleh Presiden Megawati , tampaknya diiringi dengan harapan terwujudnya wacana baru yang berhubungan dengan kepailitan terhadap kepentingan dunia usaha dalam menyelesaikan masalah utangpiutang secara adil, cepat, terbuka dan efektif.Berdasarkan hal tersebut di atas, maka dalam skripsi ini akan dibahas dua permasalahan yaitu: bagaimana pelaksanaan Penundaan Kewajiban Pembayaran Utang (PKPU) terhadap perjanjian sewa menyewa serta permasalahan apa sajakah yang timbul atas Penundaan Kewajiban Pembayaran Utang terhadap perjanjian sewa menyewa menurut Undang-Undang No. 37 Tahun 2004.Penyusunan skripsi ini dengan menggunakan metode kepustakaan (library research) yaitu dengan mendasarkan kepada bahan kepustakaan baik berupa pendapat para ahli hokum dan juga ketentuan perundang-undangan yang ada kaitan dengan masalah tersebut diatas serta melakukan penelitian dengan wawancara dan observasi di PT. Adira Finance Samarinda.Adapun hasil yang penulis dapatkan adalah pelaksanaan PKPU selama ini sudah sesuai dengan apa yang diamanatkan oleh Undang_undang No. 37 Tahun 2004 dimana baik Debitor maupun Kreditor dapat mengajukan PKPU ke Pengadilan Niaga, hal ini tentunya menjadi sangat penting, karena membuka secara luas kearah proses perdamaian tidak semata-mata mempailitkan Debitor. Namun dalam perjanjian sewa menyewa selama ini tidak ada klausul tentang PKPU yang bias dilakukan pihak penyewa selaku Debitor agar terhindar dari kepailitan dalam pelaksanaan usahanya.Kesimpulan yang penulis dapatkan adalah antara praktek dengan prosedur tentang PKPU telah berjalan sesuai dengan Undang-Undang No 37 Tahun 2004 dan dalam perjanjian sewa menyewa Debitor adalah pihak yang lemah karena tidak mempunyai hak untuk ikut menentukan isi perjanjian sehingga Kreditor menjadi pihak yang sangat diuntungkan. Kata kunci: PKPU, UU No. 37 Tahun 2004, Kreditor dan Debitor

PEMBATALAN JUAL BELI TANAH AKIBAT PEMALSUAN DATA DI HADAPAN NOTARIS Reydo Zulfiq
Journal of Law ( Jurnal Ilmu Hukum ) Vol 4, No 2 (2016)
Publisher : Universitas 17 Agustus 1945 Samarinda

Show Abstract | Download Original | Original Source | Check in Google Scholar

ABSTRACT Land binding sale are a common practices seen in society as well in notary offices. Land binding sales are processes prior to land purchase agreements, done by Land Deeds Officers. In Article 37 point (1) in Law of Indonesia number 24 year 1997 in Government Regulation on Land Regulation mentioned that land transition needed an authentic deeds produced by Land Deeds Officers appointed by the Government. Approach method used was empirical juridical. Specification used in this research was analytical descriptive.Legal effect on authentic deeds within false information that caused disputes can be sued to court. The injured party might file civil to court to be sentenced by the trial judge in order to call for cancellation deed. By then, the deeds do not have the force of law. The deeds considered as legally defect. By the deeds cancellation is sentenced by the judge, it is due retroactively since the deeds produced.. Keywords : Land binding sale

TINJAUAN YURIDIS KEDUDUKAN MAKELAR DALAM PERJANJIAN PENGANGKUTAN BARANG DENGAN KAPAL LAUT DI PELABUHAN PALARAN SAMARINDA Devi Octavia
Journal of Law ( Jurnal Ilmu Hukum ) Vol 4, No 2 (2016)
Publisher : Universitas 17 Agustus 1945 Samarinda

Show Abstract | Download Original | Original Source | Check in Google Scholar

ABSTRACTThe title of this thesis is Juridical Position Overview Realtor In Agreement With Transport Cargo Ship In Port Palaran Samarinda. Our country has been awarded by the grace of God Almighty, an archipelago consisting of thousands upon thousands of islands, located aft underlined the equator between two continents and two oceans, therefore the state of Indonesia has a strategic position in the relations between nations.Transporting or transportation is a means to accelerate the economy, strengthen national unity and strengthen the relationship between the state, the importance of the transport is reflected in the implementation of development that affects all aspects of life of the nation and state, and the increasing need for transportation services for the mobility of people and goods within the country as well as to and from abroad. For the purposes of the business of each entrepreneur freight transport will be attempted to obtain continuous and high and low transportation costs, for all this required traffic regulations by land, sea, or air. Broker is an intermediary that connects entrepreneurs with the users of transport services to an agreement, In agreement by sea, there are three parties which have a relationship of mutual relation to one another.The research is juridical normatife and juridical empirical consisting of primary legal materials, legal materials secondary and tertiary legal materials, the legal research of this type, often laws are drafted as what is written in the regulations Legislation (law in books) or conceptualized as a legal rule or norm that is the benchmark of human behavior is considered appropriate. In addition to research resources in the form of legal materials, legal research can also use material non-legal, if deemed necessary, namely in the form of books on the science of Politics, Economics, Sociology, Philosophy, Culture or reports research is non - the law made in the field by means of questionnaires or interviews with sources and journals all have relevancy to the research topic.According to Article 62 Kitap Law - Commercial Law broker is a middleman appointed by the president has been declared competent authority. He organized his company to do the work, as referred to in Article 64, as they received wages or certain peropesi, on the mandate and the names of people with whom he did not have a stable relationship. In every relationship of cooperation, each party certainly do not want a loss that befell them. Because in principle every cooperation forged in the expected profit for each party. So is the case in cooperation between a broker by consumers as users of services in the field of transport by ship.Realtor in performing their duties must pay attention to the rights of consumers as users of services, because the broker will be accountable for their work to consumers. Because if the realtor can not do a good job, of course, his reputation as a realtor is going down and not even rule out the possibility he would be sued because it has been in default (broken promises). Broken promise is meant here is the lack of incapacity broker as an intermediary for the consumer to take care of the transport by ship which they had of the agreement.To the public or businesses engaged in trade, who want their goods to their destination faster then it's good to use the services of a realtor to look for and take care of and looking for a company to transport the goods to be sent. Keywords: Brokerages Port Palaran Samarinda

PERJANJIAN MENYEWAKAN LAGI KENDARAAN RODA EMPAT KEPADA PIHAK LAIN DAN RESIKO HUKUMNYA Faris Fahrudin
Journal of Law ( Jurnal Ilmu Hukum ) Vol 4, No 2 (2016)
Publisher : Universitas 17 Agustus 1945 Samarinda

Show Abstract | Download Original | Original Source | Check in Google Scholar

ABSTRAKDalam memenuhi perkembangan kebutuhan masyarakat di bidang transportasi kita mengenal berbagai macam alat transportasi. Salah satunya yang kita kenal adalah mobil (roda empat). Kini alat transportasi mobil (roda empat) berkembang dengan pesat di dukung oleh laju perkembangan kebutuhan ekonomi masyarakat yang semakin tinggi.Adanya perusahaan jasa persewaan mobil (roda empat) akan sangat membantu masyarakat untuk bisa menggunakan waktunya secara efektif dan efesien. Karena mereka tidak perlu lagi membeli mobil (roda empat) dulu baru dapat menikmati fasilitas mobil (roda empat) yang dikehendaki, cukup dengan menggunakan jasa persewaan mobil (roda empat) yang ada maka tercapai juga tujuan dan fasilitas yang diinginkan. Upaya yang dapat dilakukan jika terjadi wanprestasi adalah melalui jalan musyawarah antara para pihak dengan memperhatikan isi dari perjanjian yang telah dibuat sebelumnya. Jika melalui jalan tersebut belum bisa menyelesaikan masalah yang ada, maka diambil solusi lain dengan kesepakatan para pihak.

AKIBAT HUKUM DIKABULKANNYA PERUBAHAN ISI SURAT GUGATAN DALAM PERKARA HUKUM PERDATA DI WILAYAH HUKUM PENGADILAN NEGERI SANGATA Ardi Lestari Tarihoran
Journal of Law ( Jurnal Ilmu Hukum ) Vol 4, No 2 (2016)
Publisher : Universitas 17 Agustus 1945 Samarinda

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstrack In the field of the law of civil aimed at regulating relations between law between individuals, so if there are disputes over rights that can not be resolved through these meetings and the consensus, the only way to go to get the settlement is legally delegate it to judicial authorities always authorized body to provide conflict resolution in question. Whereas in the resolution of civil cases that occurred in the midst of people's lives by through judicial, juridical been no delineation of the procedure, in which first of all have to prepare the lawsuit which is being promoted by those who feel that their rights are violated by the other party. In a lawsuit brought forward the letter to be published regarding the case and continued with what was required in order to be decided by a judge. But man as a creature of god usually would not infallible and mistakes, so there are times when the contents of this lawsuit is maintained, what is expected by the claimant will not hit its target. The method used in analyzing the problems the author will use descriptive research method by way of Library Research and Field Research using data collection techniques through interviews and documentation, and after the data collected will be tested through deductive and inductive testing techniques. From the data generated in the study that the issue of tort changes when viewed from the position of the defendant judges can not take full account of how the rights of the defendant if there is a change during the examination session in particular lawsuit has already begun. And found that the lawsuit is amended by no means a guarantee for the benefit claimant only the legal effects defendant feel their rights are less protected.

HUKUM PERJANJIAN AKAN JUAL BELI SEBIDANG TANAH DENGAN PANJER SESUDAH BERLAKUNYA UU NO. 5 TAHUN 1960 DI SAMARINDA Frederik Melawen
Journal of Law ( Jurnal Ilmu Hukum ) Vol 4, No 2 (2016)
Publisher : Universitas 17 Agustus 1945 Samarinda

Show Abstract | Download Original | Original Source | Check in Google Scholar

ABSTRACTThat the validity will be buying and selling that have been expressed by the judges by taking the example of a civil case No. 30 / Pdt.G / 2002 / PN.Samarinda still premateur. But already a reality in a verdict. For the defeated party should or less satisfied with the decision, exercised its right to take legal actions which appeals during the court's decision does not have binding legal force (inkracht Van Gewisjde), commencing after 14 (fourteen) days verdict was notified.If passed within 14 (fourteen) days after the decision is given to the defeated party but not used his rights, court decisions should be deemed to have has permanent legal force (inkracht Van Gewisjde).That the legal power purchase agreements in spite of the principle of freedom of contract as stated in article 1338 of the Civil Code can not be said to have the force of law. But has become a reality, the legal power purchase agreement as in this case to be considered legal power purchase agreement depends on the validity of which has been decided by the courts.The reality, as has been decided by the court that turned out to be an agreement of sale were corroborated and declared legally valid. Therefore, inevitably purchase agreement between the Defendant I to Defendant II is void.

Home Page

OAI Link

Editorial Team

Contact

Reviewer

Google Scholar

Contact Name
-

Contact Email
-

Phone
-

Journal Mail Official
-

Editorial Address
-

Location
Kota samarinda,

Kalimantan timur

INDONESIA

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Home Page

OAI Link

Editorial Team

Contact

Reviewer

Google Scholar

Contact Name -

Contact Email -

Phone -

Journal Mail Official -

Editorial Address -

Location Kota samarinda, Kalimantan timur INDONESIA

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Contact Name
-

Contact Email
-

Phone
-

Journal Mail Official
-

Editorial Address
-

Location
Kota samarinda,

Kalimantan timur

INDONESIA