Garuda - Garba Rujukan Digital

PERLINDUNGAN HUKUM TERHADAP HAK KEBEBASAN BERPENDAPAT BERDASARKAN UNDANG-UNDANG NOMOR 11 TAHUN 2008 TENTANG INFORMASI DAN TRANSAKSI ELEKTRONIK DENGAN PERSPEKTIF HAK ASASI MANUSIA Puput Pandu Ariyo Seno
Journal of Law ( Jurnal Ilmu Hukum ) Vol 5, No 1 (2017)
Publisher : Universitas 17 Agustus 1945 Samarinda

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

ABSTRACT Legal research is aimed to know about the protection of freedom of speech through the medium of the internet which is regulated in the law number 11 year 2008 aboutinformation and transaction of electronic reviewed from the perspective of human rights. This research is a normative law research that is prescriptive. The method used in this research is juridical normative. Secondary data sources used include the primary legal materials, secondary legal materials and tertiary legal materials. Data collection techniques used are literature studies and cyber media. The data obtained were then analyzed with the interpretation of grammatical and interpretion of the systematic of the provisions contained in the law of information and electronic transactions. The result showed that in the law number 11 year 2008 abaout information and electronic transactions can already be said to have been protection the freedom of expression that is owned by someone as a personal right to communicate through the medium of the internet. But there are some things in law enforcement as if violating human rights. As has been outlined that provisions in the law of informasion and electronic transaction related to freeom of speech is only regulated in one article and there is only a prohibition without the accompanied rights.Based on that, then that provision still raised multiple interpretations and obscurity. So it requires more settings in the law of information and electronic transactions. As a human rights are also included in the political someone and and the personal, freedom expressed absolute opinion should be protected and can not be reduced. But remember that in the right also cause an obligation to respect and appreciate the rights of others, then the implementation of yhe on the right can be limited through the legislation. While in the legislation and transaction information elekronic there is no restrictions clear about it.

TINJAUAN YURIDIS PERATURAN DAERAH NO. 02 TAHUN 2011 PENERAPAN SANKSI ADMINISTRASI DAN SANKSI PIDANA TERHADAP PEMBUANG SAMPAH Fitri Nuur Handayani
Journal of Law ( Jurnal Ilmu Hukum ) Vol 5, No 1 (2017)
Publisher : Universitas 17 Agustus 1945 Samarinda

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

ABSTRACT This legal writing aims to determine the implementation of regulations on waste management. Trash is a residual activity of human and / or natural process in the form of solid. This problem is always inherent in everyday life.We can also know the existence of administrative sanctions and criminal sanctions in the Local Regulation No. 02 Year 2011 About Waste Management. Because the rule has been implemented, so the attitude to obey the rules and not to be violated in order for self-discipline.The role of the community is very important, in Local Regulation No. 02 Year 2011 About Waste Management. The government wants people to be aware and care about the environment, not to waste and take responsibility for their actions.Keywords: Waste, Administrative Sanctions and Criminal Sanctions.

TINJAUAN YURIDIS TERHADAP KEABSAHANYA FORMAT STANDART KONTRAK PT. PERUSDA PDAM DENGAN KONSUMEN (STUDI PADA KANTOR PT. PERUSDA PDAM DI KOTA SAMARINDA) Resty Dianisa
Journal of Law ( Jurnal Ilmu Hukum ) Vol 5, No 1 (2017)
Publisher : Universitas 17 Agustus 1945 Samarinda

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

ABSTRACTRegarding the validity of standard agreement which in this case the agreement between PDAM with the customer is actually if paid attention to contain weakness especially when connected or reviewed from Article 1320 BW Jo Article 1338 BW. It is said to contain weaknesses because in the standard agreement there is no consensus in the broad sense of the two sides, but only one-sided. While the applicant in giving the deal is just fictional. Thus standard agreement not only contains weakness, but also deviates from the principles contained in Article 1320 BW Jo article 1338 BW. So it can be said that the issue of validity of standard agreement when viewed from Article 1320 BW Jo Article 1338 BW formally can be said that standard agreement is not valid. However, we are faced with problems that inevitably recognize the existence of standard agreements as a means to meet the needs of many communities in supporting survival, economic growth is a vital means as the fulfillment of primary needs. The issue of the parties' attachment to a standard agreement is that the parties may agree to anything, provided that it is not contrary to law and morals, and that what is legally agreed is binding on the law. In connection with standard agreements held by PDAM and customers or consumers, as long as the standard agreement is agreed and no party is harmed, the agreement is considered valid as stated in article 1338 paragraph (1) of BW. Moreover, in the standard agreement that became the object of the agreement is a vital means (water consumed) which is a primary requirement that can not be ignored by all human in his life. It must be recognized its existence.

AKIBAT HUKUM DARI PERJANJIAN PINJAM MEMINJAM UANG PADA KOPERASI UNIT DESA (KUD) YANG DILAKSANAKAN TIDAK DENGAN ITIKAD BAIK Rima Amalia Risky
Journal of Law ( Jurnal Ilmu Hukum ) Vol 5, No 1 (2017)
Publisher : Universitas 17 Agustus 1945 Samarinda

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

AbstrakBahwa kedua belah pihak harus beritikad baik dalam melaksanakan suatu perjanjian. Ada kalanya itikad baik sudah sepenuhnya dilakukan dan diperhatikan, tetapi pelaksanaan perjanjian masih berada dalam jalan buntu (deadlock). Disinilah perhatian dituntut ke arah kepatuhan agar suatu peristiwa dapat diselesaikan secara memuaskan. Tentunya seperti halnya dengan segala barang sesuatu yang mengandung penghargaan (waardering), kepatuhan ini tidak mungkin mengakibatkan suatu penyelesaian peristiwa yang memuaskan setiap orang manusia, melainkan selalu bersifat tak mutlak (relatief), yaitu patut dalam pikiran dan perasaan orang-orang yang bertugas menyelesaikan suatu peristiwa, seperti Hakim atau Badan Pemerintah sesudah memperhatikan segala faktor-faktor, yang dapat terpakai dalam alam pikiran dan alam perasaan orang-orang itu.Bahwa terjadi hubungan yang erat antara ajaran itikad baik dalam pelaksanaan perjanjian dan teori kepercayaan pada saat perjanjian. Itikad baik (pasal 1338 alinea 3) dan kepatutan (pasal 1339) umumnya disebutkan secara senafas, apabila hakim setelah menguji dengan kepantasan dari suatu perjanjian tidak dapat dilaksanakan maka berarti perjanjian itu bertentangan dengan ketertiban umum dan kesusilaan. Perjanjian tidak hanya ditentukan oleh para pihak dalam perumusan perjanjian tetapi juga ditentukan oleh itikad baik dan kepatutan, jadi itikad baik dan kepatutan ikut pula menentukan isi dari perjanjian itu. Dengan demikian suatu perjanjian khususnya perjanjian pinjam meminjam uang apabila dilaksanakan tidak dengan itikad baik (itikad buruk) maka perjanjian tersebut bertentangan dengan ketertiban umum dan kesusilaan serta norma-norma hukum yang berlaku.

KENAIKAN BIAYA PENGURUSAN STNK & BPKB TAHUN 2017 DI TINJAU MENURUT PERATURAN PEMERINTAH NOMOR 60 TAHUN 2016 Larto Larto
Journal of Law ( Jurnal Ilmu Hukum ) Vol 5, No 1 (2017)
Publisher : Universitas 17 Agustus 1945 Samarinda

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

ABSTRACTThe enactment of Government Regulation No. 60 of 2016, there is an increase in tariffs for a number of vehicle administration costs, such as vehicle registration, BPKB, and TNKB as well as the addition of type C license I and C II. Driving License (SIM) C I is for vehicles with engine capacity of 250 cc and SIM C II for vehicles with engines more than 500 cc. The cost of issuance of STNK is 3 times higher than before. As for the making of new SIM, SIM A, SIM B I, and B II are charged Rp. 120.000.Sedangkan SIM C, C I, and C II costs Rp. 100.000. SIM D and SIM D I charged Rp. 50,000. The increase also occurs in the issuance of Motor Vehicle Identity Number with an increase of 100 percent or twice, for two-wheeled vehicles or three costs to Rp. 60,000 from the previous Rp. 30,000, and four wheels to Rp. 100,000 from the previous fee of Rp. 50,000. The biggest increase occurred in the issuance of Book Owners of Motor Vehicles (BPKB), for two wheels to Rp. 225,000 from the previous Rp. 80,000 while four or more wheels to Rp. 375,000 from the previous Rp. 100,000. Regulation of Minimum Service Standards (SPM) as a reference for the Regional Revenue Service apparatus in providing PKB and BBN-KB services to the Taxpayers and to issue official letters required by the recipients of service, in order to be evaluated by the Governor of East Kalimantan as the constituent elements of SAMSAT and or even reviewed Back, in accordance with the needs of the community as the recipient of services in accordance with the expected. In order to raise the regional revenue, UPTD Revenue Service of East Kalimantan Province in Samarinda can play an active role in managing regional income sources in their working area. UPTD officers can be more observant in monitoring, registering and simultaneously collecting tax objects that are still delinquent and have not been monitored and recorded, because there are still many motor vehicle arrears that do not pay taxes and BBN-KB. Samsat Joint Office Service involves 3 (three) institutions, namely Dina Regional Income (Dispenda), Directorate of Traffic Police (Ditlantas Polda) and PT Jasa Raharja (Persero). These three agencies work together to serve the community and take shelter under one roof or one office called the Single Administration System Under One Roof (Samsat). Before the samsat, people must go to these three institutions in different places, so it takes time and energy and this is very perceived inefficient and burdensome society. Mechanism of arrangement and Arrangement of Increase Cost at STNK & BPKB is to improve the level and comfort of society in public service done by Police.Keywords: Vehicle Tax, Levy

FUNGSI DAN KEWENANGAN BADAN PERTANAHAN NASIONAL TERHADAP SENGKETA TANAH YANG BELUM DIDAFTARKAN Robyatul Adawiyah
Journal of Law ( Jurnal Ilmu Hukum ) Vol 5, No 1 (2017)
Publisher : Universitas 17 Agustus 1945 Samarinda

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

ABSTRACT One problem that needs to be our common concern to date is the issue of land has not been registered notch ratings sourced from indigenous lands, especially after the birth of the UUPA. Land has not been registered are soil derived from indigenous lands or other lands that have not been converted into one of the ground certain rights (property rights, right to build, right to life, the right to cultivate) and have not been registered or certified Office local land.Formal juridical Land Office does not have authority over land dispute has not been registered, but by the Land Office itself is still possible to carry out mediation. Mediation of land disputes has not been registered as a tangible implemented the basic tasks and functions as well as the vision and mission of the National Land Agency. Mediation is a dispute resolution that matches the character, the personality, and the way of life of Indonesian society that is familial. Advice from the author of: 1) adding the HR (human resources) in the disputes, conflicts, and cases in the Land Office; 2) Providing training and courses (training) to the mediator or mediators prospective land disputes in the Land Office; 3) Land Office to work even harder to implement socialization of land registration, this is done as a preventative measure to address land disputes has not been registered.Keywords: role of the Office of Land, Soil Not Registered.

PELAKSANAAN AKTA SEBAGAI PENGAKUAN HUTANG DALAM PERJANJIAN KREDIT PADA BANK PEMBANGUNAN DAERAH (BPD) SAMARINDA Leo Josten Siregar
Journal of Law ( Jurnal Ilmu Hukum ) Vol 5, No 1 (2017)
Publisher : Universitas 17 Agustus 1945 Samarinda

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

ABSTRACTIn implementation or implementation it is not easy to determine whether the proposed grosse certificate has met both formal and material requirements. Especially regarding the material requirements of the grosse deed. In practice many cause problems because of the development in msayarakat the existence of grosse deed based on credit agreement from the bank as the principal agreement. Grosse deed of debt acknowledgment with other agreements in the form of power of sale and / or power of attorney and others in a grosse certificate is not allowed because it causes rijinya in executing execution, that is whether execution is executed to grosse deed of recognition of debt or to certificate of mortgage . So that this violates the rule of law as regulated in article 224 HIR and fatwa MA. 213/229/85 / UM-TU / Pdt dated April 16, 1985 so that grosse aktapakuan debt is not purely recognition of debtors debtors to a certain amount of creditors and cause grosse deed of recognition of the debt is null and void execution implementation can not be implemented. And concerning repayment of interest, fines and penalties and other expenses for the execution expenses incurred in a grosse deed of debt acknowledgment can not be justified in accordance with the nature of the grosse deed which must be purely a one-sided statement from the debtor who admits to owe a certain sum to the creditor with the rules of article 224 HIR and the fatwa of MA no. 213/229/85 / UM-TU / Pdt dated April 16, 1985, while the clause on payment of installments, interest and penalties and other expenses for execution fee should be included in the credit agreement deed only. The procedure for grosse execution of a debt acknowledgment does not have to go through the Court of Justice, but in practice it is the case that the application for a debt recognition grosse must pass through the court process first and can not be directly executed by the execution of the debt recognition grosse and this takes a long time. While the government bank of Bank Rakyat Indonesia East Kutai Branch will be submitted to KP2LN and PUPN, although if the institution filed a civil suit to the District Court then the Court should not refuse on the grounds not the authority of the Court.

TINDAK PIDANA ILLEGAL LOGGING DAN UPAYA PENANGGULANGAN DITINJAU MENURUT PERPU NOMOR 1 TAHUN 2004 TENTANG PERUBAHAN ATAS UNDANG-UNDANG NOMOR 18 TAHUN 2013 TENTANG KEHUTANAN ARMILA SELVIANI
Journal of Law ( Jurnal Ilmu Hukum ) Vol 5, No 1 (2017)
Publisher : Universitas 17 Agustus 1945 Samarinda

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

ABSTRACT That the modus operandi of theft above really makes it difficult for polhut officers to perform their duties, well, especially to face the risk of "life" that is likely to exist. So Modus Operandi of illegal logging in review by article 362 of the Criminal Code jo Inpres no. 4 Year 2005, has fulfilled the element of theft act and it must be done investigation or legal process and the act has also damaged the environment and will automatically bring the impact of the loss of the nation and the State. In this case through Presidential Instruction Number 4 Year 2005 on the criminal act of illegal logging, must be dealt with firmly do not recognize compromise and the action is a priority mandated through Inpres no. 4 Year 2005. In the framework of eradicating illegal logging in forest areas and its circulation throughout the territory of the Republic of Indonesia, it is instructed to all state apparatuses to take unequivocal action against illegal logging perpetrators. The legal process must be carried out consistently for the sake of law in this country. ( Law enforcement ) should be put forward.Factors causing criminal acts of illegal logging of timber products are: Economic population is relatively weak; Ironwood has high economic value; Ironwood theft is easy to do. The modus operandi of illegal timber theft in KPH East Kalimantan; Enter the forest area in the evening or evening; The perpetrators of timber theft are not just one night in the forest, but stay up for days; Conducted in groups. Efforts to control criminal acts of illegal logging. Prevention efforts in a preventive way. The counseling materials include: Environment, Transmigration, Job Skills, Legal Knowledge, Religious Lectures. Repetitive countermeasures In addition to prevention efforts above, the Perum Perhutani and the relevant agencies also perform repressive actions when the perpetrators of criminal acts of illegal logging are caught by investigating and investigating in the end Until sentenced from the district court.

PEMBATALAN SERTIFIKAT HAK ATAS TANAH KARENA PUTUSAN PENGADILAN YANG BERKEKUATAN HUKUM TETAP (INKRACHT VAN GEWIJSDE) (Studi Kasus Perkara Perdata Nomor 93/Pdt.G/2000/PN.Smda Juncto Nomor 48/Pdt/2004/PT.KT.Smda Juncto Nomor 74 K/Pdt/2005) Burhan Nur Prasetya
Journal of Law ( Jurnal Ilmu Hukum ) Vol 5, No 1 (2017)
Publisher : Universitas 17 Agustus 1945 Samarinda

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

ABSTRACTThe disclosure of cases relating to a lawsuit against the holder of the certificate by the original land holder has raised the insecurity of the certificate holder. In the city of Samarinda precisely in Jalan Ir. H. Juanda RT 02 Sidodadi Urban Village, Samarinda Ulu Sub-district, Samarinda City, land dispute occurred in civil case at Samarinda District Court Number. 93 / Pdt.G / 2000 / PN.Smda Juncto Number 48 / Pdt / 2004 / PT.KT. Smda Juncto Number. 74 / Pdt / 2005, used as the basis for the cancellation of Certificate of Property Number 2853 / Kelurahan Sidodadi, 2856 / Kelurahan Sidodadi, 2857 / Kelurahan Sidodadi, 2858 / Sidodadi Urban Village, 2859 / Sidodadi Urban Village, 2860 / Sidodadi Urban Village, 2862 / Kelurahan Sidodadi The Land Office of Samarinda City is forwarded to the Regional Office of the National Land Agency of East Kalimantan Province to subsequently issue a Decree of the Head of Regional Office of the National Land Agency of East Kalimantan Province regarding the cancellation of the Certificate as the execution of the decision of the Courts which has obtained permanent legal force.Under this circumstance, the writer encourages the writer to know what the legal considerations of the Court of Samarinda are in Decision Number 93 / Pdt.G / 2000 / PN.Smda that cancels the Certificate of Property Number 2853 / Kelurahan Sidodadi, 2856 / Kelurahan Sidodadi, 2857 / Kelurahan Sidodadi, 2858 / Sidodadi urban village, 2859 / Sidodadi urban village, 2860 / Sidodadi urban village, 2862 / Kelurahan Sidodadi and to find out what effect the law has on the Certificate of Property Owned by the Court and permanent law force. This research uses a normative sociological approach, referring to the truth obtained from a reality in the field that is linked to the legal aspect.From the research result it can be seen that the legal considerations of the Samarinda Court strengthen to grant the request for the cancellation of the Certificate of the Property and the legal consequences to the Certificate which have been subsequently terminated. The court which has obtained permanent legal force (Inkracht Van Gewijsde) is null and void by the Head of Office The territory of the National Land Agency of East Kalimantan Province Number 38 / KEP-64 / IV / 2016 which is further processed by the Land Office of Samarinda City, and to avoid land disputes such as this case case, / public complaints as an effort to protect the law of Land Rights.Keywords: Cancellation of Certificate of Property.

MASALAH HAK MANTAN ISTRI DAN ANAK TERHADAP GAJI PEGAWAI NEGERI SIPIL AKIBAT PERCERAIAN Smithro Moestafa
Journal of Law ( Jurnal Ilmu Hukum ) Vol 5, No 1 (2017)
Publisher : Universitas 17 Agustus 1945 Samarinda

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

ABSTRACT That the technical execution of the ex-wife's right to the salary of her ex-husband, the division of salary if the divorce occurs because of the wishes of the Civil Servant of man then his salary is divided as follows: If no child, then ½ for the Civil Servant concerned; For ½ part wife; If having children and children join the Civil Servant concerned, then 2/3 for the Civil Servant concerned and his / her child and 1/3 for the wife.That the legal consequences of divorce are as follows: At the level of talaq ba'in, is a divorce that has entered the level of talaq three where the married couple is forbidden to reconcile before the former wife marries first with another person then the person divorces her; Divorce due to li'an, then marriage can no longer be done forever; Collective property is shared between husband and wife while the cost of maintenance and education is the responsibility of the father; The more entitled to take care of his children is his mother, as long as the mother is married to someone else.

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