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TINJAUAN YURIDIS TERHADAP PERBUATAN DEBITUR YANG MENGALIHKAN ATAU MENJUAL BENDA JAMINAN FIDUSIA DAN AKIBAT HUKUMNYA Arif Fakrur Rozi
Journal of Law ( Jurnal Ilmu Hukum ) Vol 5, No 1 (2017)
Publisher : Universitas 17 Agustus 1945 Samarinda

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ABSTRACT Regarding the act of the debtor transferring or selling the object of fiduciary guarantee is obviously not legally granted, since the object of the collateral object is the safeguarding, if there is any sale of fiduciary object by debtor, this is a criminal act of embezzlement as threatened and governed by Article 372 of the Criminal Code . The object of fiduciary assurance object is seen from its legal aspect as security in fiduciary agreement. Based on Article 15 Paragraph (3) of Law no. 42 of 1999 on Fiduciary states that if the debtor breaches the pledge, the fiduciary receiver has the right to sell the object which is the object of fiduciary guarantee on his own power. So here it is explicit that the debtor is not allowed to sell or transfer the object of the collateral as this is a safeguard in the fiduciary agreement. Implementation of the consumer financing agreement with fiduciary guarantee, the consumer takes the action causing the financing company to suffer a loss and of course the act disturbs the implementation of the agreed agreement. The act is to misuse the fiduciary asset by transferring the fiduciary assurance object without the knowledge and permission of the pebiayaan company, whereas the proof of ownership of the vehicle is still controlled by the finance company. Violation of this provision may be imposed by Article 372 of the Criminal Code in conjunction with Article 23 paragraph (2) jo Article 36 of Law no. 42 of 1999 on Fiduciary Guarantee. If the consumer infringes then the consumer within 3month must submit the vehicle or the consumer must give the right of substance to FINANCE COMPANY to make withdrawal.

PERLINDUNGAN HUKUM TERHADAP RENDAHNYA KESEJAHTERAAN SOSIAL DI KALIMANTAN TIMUR (TINJAUAN YURIDIS PERATURAN PRESIDEN NOMOR 3 TAHUN 2016) Virvina Lire
Journal of Law ( Jurnal Ilmu Hukum ) Vol 5, No 1 (2017)
Publisher : Universitas 17 Agustus 1945 Samarinda

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ABSTRACTThe condition of the Indonesian people at this time is still felt very apprehensive. The number of people who do not have decent welfare for their survival become one of the main discussion in this thesis. The lack of employment, uneven development and population density in each region is one of the reasons why many unemployed in Indonesia. The Presidential Regulation of the Republic of Indonesia number 3 of 2016 on the acceleration of the implementation of the National strategic project fulfills the elements of (a) regulations on human behavior in the community; (B) The Rules are held by authorized bodies; (C) The rule is coercive; (D) Sanctions against such breaches of the rule are strict. Presidential Regulation No. 3 of 2016 on the Acceleration of the Implementation of National Strategic Projects meets the point of view of an economist's material legal source. It aims to meet the basic needs and improve the welfare of the community. And can be clarified as a law in the material sense that fundamental every decision of the Government in this case dalah President who according to its contents directly bind each resident. Legal Protection against the problem of low social welfare in East Kalimantan: 1) Menurtu UUD 1945 Article 27; The provisions of article 27 paragraph (2) of the 1945 Constitution, every citizen of the work and livelihood that is suitable for humanity. 2) according to the Social Welfare Law the main subject set forth in this Law is, among others, the fulfillment of the right to basic needs, the provision of comprehensive and professional social welfare, and the protection of the community.

ASPEK HUIKUM TERHADAP TANGGUNG JAWAB PENERBIT BILYET GIRO YANG DISALAH GUNAKAN DENGAN CARA PEMBERIAN BILYET GIRO YANG TIDAK ADA DANANYA (SALDO KOSONG) Jenny Suandi
Journal of Law ( Jurnal Ilmu Hukum ) Vol 5, No 1 (2017)
Publisher : Universitas 17 Agustus 1945 Samarinda

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ABSTRAKPada umumnya bilyet giro digunakan oleh kalangan bisnis atau para pengusaha, karena lalu lintas pembayaran giral tersebut praktis dan efisien juga lebih aman, karena pada bilyet giro menggunakan cara pemindahbukuan dari rekening penerbit kepada rekening penerima bilyet giro. Sehingga penerbitan bilyet giro ini membawa serta kewajiban bagi penerbit untuk menyediakan dana dalam bentuk rekening giro. Penerbit mempunyai kewajiban untuk memenuhi dana sedikit-sedikitnya sama dengan perikatan dasarnya. Apabila penerbit ternyata tidak mempunyai dana di bank maka bank akan menolak bilyet giro. Sanksi-sanksi terhadap penerbit bilyet giro kosong antara lain; Untuk pelanggaran pertama penerbitan bilyet giro kosong diberikan surat peringatan pertama, agar supaya yang bersangkutan tidak menerbitkan bilyet giro kosong lagi; Untuk pelanggaran penerbitan bilyet giro kosong yang kedua diberikan surat peringatan kedua dengan ancaman penutupan rekening dan pencantuman namanya dalam daftar hitam; Untuk pelanggaran peneribitan bilyet giro kosong yang ketiga kalinya, kepada nasabah langsung diberitahukan dengan surat bahwa rekening gironya ditutup.Upaya yang ditempuh oleh bank bagi penebit bilyet giro kosong : Membina nasabah; Menolak bilyet giro yang dananya tidak cukup; Dengan mengadakan clearing, hal ini untuk menghindari adanya kekosongan dana di bank

ASPEK HUKUM TERHADAP KETERLAMBATAN PENDAFTARAN PEMBUATAN AKTA KELAHIRAN ANAK MENURUT UU NO. 35 TAHUN 2014 TENTANG PERLINDUNGAN ANAK DAN UU NO. 23 TAHUN 2006 TENTANG ADMINISTRASI KEPENDUDUKAN Nur Febriatin
Journal of Law ( Jurnal Ilmu Hukum ) Vol 5, No 1 (2017)
Publisher : Universitas 17 Agustus 1945 Samarinda

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ABSTRACTA human child who was born then his identity is not registered then will later get problems that will result in the state, government and society. Birth certificates will determine our fate later on. As an example in the Society if looking for work required birth certificate is concerned and if continue the school is also attached birth certificate, But the problem that happens that not everyone has birth certificate.For the sake of order in recording the data of the population, it is advisable to have a new family member immediately to be registered with the relevant Office in accordance with the mandate of the Act no later than 60 days after the birth. It is very important that children obtain public services from the Government and non-Government in the future.

PERAN PENYIDIK DALAM PENERAPAN DIVERSI TERHADAP ANAK YANG MELAKUKAN TINDAK PIDANA DI WILAYAH POLRESTA SAMARINDA SYANTRI SURYA ZAHID AFIF
Journal of Law ( Jurnal Ilmu Hukum ) Vol 5, No 1 (2017)
Publisher : Universitas 17 Agustus 1945 Samarinda

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ABSTRACT In national law the special protection of children in conflict with the law also stipulated in the Child Protection Act 23 of 2002 and Act No. 3 of 1997 on Juvenile Justice. However, in practice there are still many issues that arise, especially in the case of children in conflict with the law. Therefore, one solution that can be used is with the implementation of diversion (diversion) or with restorative justice, where the police are the frontline in its implementation.These researchers using research methods normative and juridical sociological. The data used are primary data obtained from field studies and secondary data from literature. A field study conducted by interview, The results of the study, that the implementation of diversion based on the poor handling of the children in conflict with the law and the best interests of the child based on the International Rules and National Regulations, such as Law No. 2 In 2002, TR Kabareskrim and Agreements 5 (five) and Police departments.In the implementation of diversion investigator plays an important role, one of which is a major gateway entry of pediatric cases. But the implementation is found several barriers such as lack of socialization regarding the diversion of good to the investigator, the public and other relevant institutions. So that the implementation is less effective. Besides, the rules are also not able to guarantee the implementation of the diversion.In that respect the advice that can be given include the implementation of a thorough socialization at all levels within the police without exception and related parties, as well as clarifying and strengthening the implementation of the diversion in a government regulation.Keywords: Investigator, Diversion, Children in Conflict with the Law

PERANAN PIHAK LEMBAGA PEMASYARAKATAN TERHADAP RESIDIVIS YANG MELAKUKAN TINDAK PIDANA PENCURIAN Andhika Abrian
Journal of Law ( Jurnal Ilmu Hukum ) Vol 5, No 1 (2017)
Publisher : Universitas 17 Agustus 1945 Samarinda

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ABSTRACT The factors that cause crime generally consists of 2 (two), namely: Internal factors, namely the factors contained within the human self itself include: religious factors, education; External factors, namely factors that come from outside the human person which includes: family environment, community environment, economic factors. As for the efforts of crime prevention consists of two aspects, the first in terms of prior crimes that are often known by the preventive way, and second in terms of after the occurrence of crime that is in a repressive way. Factors that cause the occurrence of recidivism is an interrelated factor. Either because of educational, community or economic factors. Meanwhile, according to the recognition of the recidivist itself, that the outcome of the crime is for dissipation, especially for himself and his friends who are negative. All these actions are inseparable from the influence of the surrounding environment and the lack of religious knowledge, and the low level of education. Plus no income after he left the Penitentiary. In addition, there is also the influence of association that gives opportunity for the repetition of the crime. As for the prevention efforts undertaken by the Penitentiary Samarinda to prevent the occurrence of repetition of crime or recidivists is to conduct coaching in all areas that he thinks should be given to inmates. Coaching according to the author is already maximal. If there will be a former prisoner who commits his act again, it will only depend on each individual person who in this case is the former prisoner. Also regarding the fostering of ordinary prisoners with convict prisoners there is no particular distinction.

MASALAH ITIKAD BAIK DALAM PELAKSANAAN TUKAR TAMBAH BENDA BERGERAK JENIS KENDARAAN Indah Nurlitasari
Journal of Law ( Jurnal Ilmu Hukum ) Vol 5, No 1 (2017)
Publisher : Universitas 17 Agustus 1945 Samarinda

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ABSTRACT In working on an agreement both party should showing good gesture. But in some condition even when proper attention to good gesture has been practically shown by both party, the agreement still possibly in a deadlock. By this condition, more attention to good gesture should be paid so then the agreement will work satisfyingly. Each party come with their own motion and it will be impossible to insist the motion to the other. Both party should work on their ‘common ground’ the position where both party could agree to the term and condition then benefit of it. People who work on the agreement such as judge or lawyers should aware of this common ground and all factors to achieve the agreement for both party. There is a close tied between good gesture in agreement with theory of trust in agreement. Both articles commonly explain by the judge during judicial review. Both good gesture and appropriateness not only consider by the parties whose work on the agreement but also one factor and another during the work of the agreement. Finally the sale and purchase agreement of vehicle should held by paid more attention to good gesture and appropriateness, includes further consideration of norms and the rule of law.

PERTANGGUNG JAWABAN PIDANA TERHADAP SOPIR TRUK KARENA KELALAIAN MENGAKIBATKAN ORANG LAIN MENINGGAL DUNIA Arina Merlita Minanjar
Journal of Law ( Jurnal Ilmu Hukum ) Vol 5, No 1 (2017)
Publisher : Universitas 17 Agustus 1945 Samarinda

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ABSTRACTFactors causing traffic accidents in Samarinda City first due to human factors, vehicles, and environment / road. The criminal liability to truck drivers resulting from his negligence resulted in the death of another person in Samarinda City under the Criminal Code CHAPTER XII on Reparation and Rehabilitation under Article 95 paragraphs 1 through 5, Article 96 paragraphs 1 through 2, Article 100 paragraphs 1 through 2 and Law no.The stages to avoid traffic accidents in Samarinda City, concentration in driving, if the body is not fit should not be forced to do activities such as driving, do not take anything while driving, do not use the mobile while driving, pay attention to visibility, so as not to cause traffic accidents, stop in a drowsy, be patient in riding, succumb to reckless people, use seatbelts before running a vehicle, red triangle when the vehicle stops on the street and do not park in any place. in terms of vehicles, no bribery and illegal levies, in passing weigh bridges due to overload, so that roads are not damaged due to overload, carrying in accordance with the load so that when driving is not experiencing difficulties such as rolled while carrying loads that exceed the capacity pay attention to the condition of the vehicle such as brake pads are replaced, water radiator is always filled so that the engine is not hot, and the tires used must be good so that the driver and the goods do not experience road obstacles. roads and neighborhoods, be careful with perforated roads, landslides and floods, be careful and not speed with a winding road, stop when the weather is fog or smoky to keep drivers and goods safely carried safely.

PERLINDUNGAN HUKUM BAGI PEMEGANG POLIS PT. ASURANSI BINA DANA ARTA CABANG SAMARINDA ATAS KLAIM ASURANSI KENDARAAN RODA EMPAT DALAM INSIDEN KECELAKAAN Rozi Pradani
Journal of Law ( Jurnal Ilmu Hukum ) Vol 5, No 1 (2017)
Publisher : Universitas 17 Agustus 1945 Samarinda

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ABSTRACT The Protection of the law is a protection afforded to the subject of law in the form of a legal instrument, either of a preventive or repressive nature, whether written or unwritten. The Protection of the law can be attributed as a picture of the function of the law, namely the concept which can give justice, order, certainty, benefit, and peace. The Other opinion concerning the protection of the law is that it provides for the protection of human rights harmed by others and the protection is given to the public in order to enjoy all the rights granted by law. Whereas in claim is the demand for recognition of the fact that a person has the right to own or have over something. Overview coverage is a matter to note before the claim process is done by the insurer. Before processing the insurer claims need to know the insured coverage, in the insured overview there is data of the insured. The data becomes a reference by the insurer to compensate for losses suffered.

PROSES PENETAPAN DISMISAL TERHADAP MASUKNYA SUATU GUGATAN DI PENGADILAN TATA USAHA NEGARA SAMARINDA Yessi Gasella
Journal of Law ( Jurnal Ilmu Hukum ) Vol 5, No 1 (2017)
Publisher : Universitas 17 Agustus 1945 Samarinda

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ABSTRACTOne of the distinctive features of the State Administrative Court that distinguishes it from other courts is the process of dismissal through consultative meetings by the Chairman of the State Administrative Court in accordance with Article 62 of the Law on State Administration Courts. Dismissal process is a process of research on the lawsuit that entered in the State Administration court conducted by the Chairman of State Administrative Court at the second stage (two) or after the administrative research phase is implemented.The procedures of the State of Samarinda are in accordance with the applicable Standard Operation Procedure in Samarinda in accordance with the provisions of Article 62 of Law Number 5 Year 1986 concerning the State Administrative Court in both the escaped and non-qualified lawsuits. Before a lawsuit can be accepted, it must first go through a process of dismissal by the Chairman of the State Administrative Court of Samarinda with a letter of lawsuit approval, by law Number 5 of 1986 on the State Administrative Court.Key – Words : dismissal, lawsuit, administrative court

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Kota samarinda,

Kalimantan timur

INDONESIA