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KEABSAHAN KONTRAK ELEKTRONIK DALAM TRANSAKSI BISNIS DI TINJAU MENURUT UNDANG-UNDANG NOMOR 11 TAHUN 2008 TENTANG INFORMASI DAN TRANSAKSI ELEKTRONIK Herluin Eka Dharmawan Soesilo
Journal of Law ( Jurnal Ilmu Hukum ) Vol 5, No 2 (2019)
Publisher : Universitas 17 Agustus 1945 Samarinda

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ABSTRACT The development of technology, especially the internet, provides many conveniences for human life, one of which is in the field of electronic contracts. However, on the other hand, this progress also brought new problems. Electronic contracts as a form of trade that is currently experiencing rapid development are also inseparable from problems in its implementation. With this type of contract, the need for face-to-face meetings between the parties can be reduced or even eliminated altogether. The absence of physical presence from the parties is very possible to bring problems to the validity of the electronic contract itself in relation to the ability to do legal actions by the parties. This study aims to see whether an electronic contract can be said to be valid and how the power of electronic contracts if a dispute occurs, especially in Indonesia.This study uses an empirical method, to analyze the validity of electronic contracts in the conduct of buying and selling transactions through an electronic system carried out by parties who are not yet old enough. The electronic contract referred to above is theoretically considered invalid, but as long as it does not bring adverse consequences to the opposing party and there is no cancellation, the contract is considered binding for the parties.From the results of the study it was found that there are differences of opinion in terms of the validity of electronic contracts and the strength of proof of electronic contracts as evidence (invalid and cannot be used as evidence), notary public (one notary believes that electronic contracts are invalid and cannot be used as evidence: one notary is of the opinion that an electronic contract can be said to be acceptable as evidence).From this research it can be concluded that there is still uncertainty regarding the validity and strength of contracts conducted electronically as business transactions Keywords: Transactions, Contracts, Electronic Agreements

KUALIFIKASI OOGMERK PADA PENERAPAN PASAL 362 KUHP Sandi Rakhmat Wicaksono
Journal of Law ( Jurnal Ilmu Hukum ) Vol 5, No 2 (2019)
Publisher : Universitas 17 Agustus 1945 Samarinda

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ABSTRACT A fact of life in the development of human history no one is able to live alone apart from other groups of humans, except in forced circumstances and even then its nature is only for a while. It is natural for humans to be social beings who cannot live independently. It means that in human life, they are very dependent on other human beings, namely the desire to live in groups, gather, and be side-by-side and hold relations between each other in society.The method used in this study is a normative juridical method, data or information obtained through library research. From the results of the literature research, secondary data were obtained which included primary legal materials, secondary legal materials and tertiary legal materials. The problem that the author discussed in this thesis is the Oogmerk qualification on the application of Article 362 of the Criminal Code and criminal sanctions for applying Article 362 of the Criminal Code.Based on the results of the study it can be concluded It is stated in Article 362 of the Criminal Code that theft has several elements, namely Objective elements and subjective elements, and Law enforcement (criminal) when viewed from a policy process. formulation, application stage, execution phase. Keywords: Oogmerk, criminal sanctions, theft

TANGGUNGJAWAB YURIDIS BAGI PELAKU PEMBUNUHAN DIBAWAH PENGARUH MINUMAN ALKOHOL Budi Arifin
Journal of Law ( Jurnal Ilmu Hukum ) Vol 5, No 2 (2019)
Publisher : Universitas 17 Agustus 1945 Samarinda

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ABSTRACTOne of the crimes committed by the community is a crime of murder. Crime The murder is one of deviant behavior which is in essence contrary to legal norms and religious norms and is harmful to people's livelihoods and lives. In the crime of murder, the target of the offender is the life of someone who cannot be replaced with anything. In this case, someone's unconsciousness due to drunkenness due to alcoholism (alcohol) must be more closely watched to how severe the level of unconsciousness of the person. Because lately there have been a lot of reports in the mass media of criminal acts of murder and other criminal acts caused by drunkenness. It becomes a problem of how to judge a person's actions carried out in a drunken state. Regarding some examples of criminal cases of murder committed by drunk people, it is very difficult to determine exactly the criminal liability.Based on the results of the study it can be concluded that the state of drunkenness is not formulated in the imposition of criminal charges because in consideration of the drunken state judge is only used as an element of information, criminal convictions decided by the judge only focus on the articles stipulated in the Criminal Code so that drunkenness here is not considered reason for being unable to be responsible / reason for the inability to be responsible which can be sentenced separately, mentioned in article 40 of the KUHP concept regarding "people suffering from mental disorders". In this case, the state of drunkenness can be classified into the article. Medically drunk people can be categorized as psychologically disturbed even though this does not happen permanently, in other words, mental disorders that occur are temporary. Because when the effects of alcohol are gone, they are always sane and legal sanctions against the perpetrators of murder under the influence of alcoholic beverages can be snared with article 338 of the Criminal Code: "whoever deliberately seizes the lives of others, is threatened with murder with fifteen prison sentences year". The article can be applied because the drunken state is only used as an element of information. Keywords: murder, alcoholic drinks

TINJAUAN YURIDIS BAGI RUMAH SAKIT YANG MENOLAK PASIEN YANG TIDAK MAMPU Agustina Anggraeni
Journal of Law ( Jurnal Ilmu Hukum ) Vol 5, No 2 (2019)
Publisher : Universitas 17 Agustus 1945 Samarinda

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ABSTRACT The state is an organization that has a purpose. In the context of the State of Indonesia, the purpose of the State is set out in the fourth paragraph of the Opening of the 1945 Constitution of the Republic of Indonesia which identifies the State of Indonesia as a State of law aimed at realizing public welfare. Every activity also must be oriented to the objectives to be achieved must also be based on the applicable law as a rule of state activities, government, and society. To achieve these national goals, a sustainable development effort is undertaken which is a series of comprehensive, directed, and integrated development, including health development. In matters of public health, the government is obliged to ensure that its citizens are not sick and also obliged to fulfill the rights of their people to a healthy life and the implementation of conditions that determine people's health because health has become part of the lives of citizens, and to carry out the mandate the State must fulfill the health development principle as written in Article 2 of Law Number 36 the year 2009 concerning Health. Poor health services will adversely affect the interests of the people who need medical services. Especially if the hospital does not provide proper services according to the procedures set out in the Criminal Code, which can cause patients to suffer losses that result in disability or death, then it is a criminal offense and can be criminalized according to Indonesian law. Based on the background description of the problem above, the problems in this paper are: (1) How is the legal protection of poor patients as consumers of services in health services in hospitals? (2) What legal actions can be taken by incapacitated patients for the patient's rejection actions carried out by the hospital? Based on the results of the study as stated above, the following conclusions can be drawn: (1) In an emergency, health care facilities, both government and private, are prohibited from rejecting patients and / or asking for advances. " besides, the act of refusing medical treatment is also a criminal act, so that it can be prosecuted criminally by following under Articles 304 and 531 of the Criminal Code. In the case of refusing hospital medical treatment, the hospital management responsible for violating the law, according to Article 190 paragraph (1) of Law Number 36 the Year 2009 concerning Health. (2) Civil legal action that can be taken by poor patients who are refused by the hospital in an emergency is by filing a breach of tort and unlawful actions. By rejecting poor patients in an emergency, the hospital has defaulted because it did not do what was agreed to do. In this case, the hospital does not do anything in the form of providing medical treatment to poor patients who are in an emergency of course require medical treatment as soon as possible. Provisions in Article 58 Paragraph (1) of the Health Law says that poor patients who are refused a hospital in an emergency can take legal action in the form of a civil claim by demanding compensation to the hospital that committed the refusal. Keywords: Patients, Services, Hospitals

PERLINDUNGAN HUKUM TERHADAP PEREMPUAN SEBAGAI PELAKU KEJAHATAN DALAM PROSES PENYIDIKAN DI POLRESTA DI SAMARINDA Ika Annisa Yasmine
Journal of Law ( Jurnal Ilmu Hukum ) Vol 5, No 2 (2019)
Publisher : Universitas 17 Agustus 1945 Samarinda

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ABSTRACTION In the case of criminal acts committed by women, they have legal protection at the investigation level regarding the rights of suspects based on the provisions contained in the Criminal Procedure Code (Criminal Procedure Code) which is made as a form of human rights protection for women perpetrators of crime. For female crime investigation there are special treatment regarding reproduction function such as breastfeeding rights, checking of pregnancy, separated from male detainee and woman suspect handled by Women and Child Protection Unit (PPA) having special officer handling case of woman and child. Based on the research results of the writer at the Resort Police Station of Samarinda City in accordance with the explanation of Bripda Bunga Tri Yulitasari as the Head of PPA Unit (Protection of Women and Children) obtained information that the factors that cause women to commit crime are Factors Fulfilling the Need, Environmental Factors, Lack of Jobs, Poverty Factors and Lack of Education Factors.Samarinda City Police Station (Polresta) to provide legal protection against women as perpetrators of criminal acts by giving rights such as Right of Completion of the Case immediately, Right to Prepare Defense, Right of Information with Free, Right to Obtain Interpreter, Right for Legal Assistance, the Right to Self-Defense of Legal Counsel, Right to Free Legal Aid, Right to Contact the Legal Counsel, Visit Rights by Personal Doctor, Right to Contact and Visit, Right to Sending Letters, Right to Receive Spiritual Visits, Right to Be Trial at Open Session to the General, the right to file a de charge a witness and an expert witness, the right to be burdened with the provision of evidentiary, the right to compensation and rehabilitation, the right of appeal and appeal, the right of judgment which has permanent strength. Given the shortcomings provided by the Resort Police of Samarinda City against the legal protection of criminal offenses, the authors conclude that based on interviews with the Head of Unit PPA is the need for socialization, psychological enlightenment, recitations, lectures, spirituality in order not to commit crimes and the need for police to reform the process of investigation by improving the professionalism of the investigation and the need for positive cooperation between the public, the government and the police in enhancing knowledge in the field of law concerning protection of women. Keywords: Protection Officers, Women, Crime

AKIBAT HUKUM TERHADAP PEMBATALAN PERKAWINAN YANG DILAKUKAN ISTRI PERTAMA BERDASARKAN UNDANG-UNDANG NOMOR 1 TAHUN 1974 TENTANG PERKAWINAN Febby Olivia
Journal of Law ( Jurnal Ilmu Hukum ) Vol 5, No 2 (2019)
Publisher : Universitas 17 Agustus 1945 Samarinda

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ABSTRACT This research is entitled as a result of the law on the cancellation of marriage which was carried out by the first wife based on Law No. 1 of 1974 concerning Marriage. The purpose of this study is to find out how the impact of marital status in the cancellation of marriage and the legal consequences caused to children and property.The impact of the status of the marital cancellation was calculated from the date the decision of the Religious Court was dropped and the decision had a permanent legal force and was valid from the time the marriage took place.The marriage that was deemed to have been broken or never existed and the parties who canceled the marriage returned to their original status because the marriage was deemed to have never existed and the parties had no legal relationship.In the event of a marriage cancellation, the child born of the marriage requested for cancellation remains the responsibility of both parents as before the marriage is canceled. This responsibility will last until the child is mature. Responsibilities include the cost of daily living and education Keywords: cancellation of marriage by first wife, Marriage Act

TANGGUNG JAWAB KANTOR PELAYANAN KEKAYAAN NEGARA DAN LELANG (KPKNL) SAMARINDA TERHADAP PENYELESAIAN PIUTANG MACET TANPA JAMINAN Gatot Wijanarko
Journal of Law ( Jurnal Ilmu Hukum ) Vol 5, No 2 (2019)
Publisher : Universitas 17 Agustus 1945 Samarinda

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ABSTRACTThe problem in this study is the responsibility of Samarinda State Wealth and Auction Service Office in the management and settlement of government bad debts and the purpose of this study is to find out how the role of KPKNL Samarinda in managing and settling government bad debts and the extent of the settlement process and what obstacles it faces.The method used in this study is an empirical juridical approach and uses descriptive analysis techniques. This is used to see KPKNL in carrying out its roles and responsibilities in completing bad debts of the government as tasks and functions contained in the law. Keywords : Role of KPKNL, Responsibility, Receivables, Government

PERLINDUNGAN HUKUM BAGI KORBAN MENINGGAL DUNIA AKIBAT KECELAKAAN LALU LINTAS DISEBABKAN OLEH JALAN BERLUBANG DITINJAU DARI PERSPEKTIF VIKTIMOLOGI Agus Rezani
Journal of Law ( Jurnal Ilmu Hukum ) Vol 5, No 2 (2019)
Publisher : Universitas 17 Agustus 1945 Samarinda

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Abstract In Article 241 of Law Number 22 The Year 2009 concerning Road Traffic and Transportation, it is stated that every victim of a traffic accident has the right to obtain priority of first aid and care in the nearest hospital in accordance with the provisions of the legislation. Legal protection against victims of traffic accidents is that victims must obtain their rights. Facts that often occur in the field indicate that victims of traffic accidents do not get adequate rights protection. Victims of traffic accidents, both those who died and those who suffered serious or minor injuries were not immediately given information about their rights. Even though the victims of traffic accidents have the right to get compensation from those responsible for traffic accidentsThe method used in this study is a normative juridical method, data or information obtained through library research. From the results of the literature research, secondary data were obtained which included primary legal materials, secondary legal materials, and tertiary legal materials. The problems discussed in this paper are legal rules that can be used to provide legal protection for death victims due to traffic accidents caused by perforated roads, and constraints in providing legal protection for death victims due to traffic accidents caused by hollow roads.Based on the results of the study, it can be concluded that the protection of human rights has been regulated by legislation, in Article 34 paragraph (3) of the 1945 constitution stated that the State is responsible for the provision of adequate health service facilities and public service facilities, this means the State as the holder of power is obliged to provide protection for security and comfort to the people, law number 22 of 2009 concerning road traffic and transportation article 24 (1) road operators who are obliged to immediately and properly repair damaged roads that can cause traffic accidents, continue with paragraph (2) in the event that repairs to damaged roads have not yet been carried out as meant in paragraph (1), operators must provide signs or signs on damaged roads to prevent traffic accidents. Factors that become obstacles to legal protection against the handling of victims due to traffic accidents are as follows: Human Factors, Vehicle Factors, Facilities and Infrastructure Factors, Weather, and Nature Factors. Keywords: Human Rights, Traffic Accidents, Perforated Roads

IMPLEMENTASI PENDAFTARAN HAK ATAS TANAH SECARA SISTEMATIK MELALUI PROYEK AJUDIKASI DI KUBAR Roni Vintcen Manalu
Journal of Law ( Jurnal Ilmu Hukum ) Vol 5, No 2 (2019)
Publisher : Universitas 17 Agustus 1945 Samarinda

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ABSTRACT The registration of land rights through the Adjudication project in Kubar, in practice, is not complicated and the registration is easy. Where the location has been determined based on criteria in the decision of the Minister of Agrarian Affairs No. 3 of 1995 where the location of the evidence is still little or not much land has been registered by the owner, the registration of land through this adjudication is more effective than the sporadic land registration carried out by the landowners themselves. a target of 10,000 plots because in Kubar from land registration through the Adjudication project in accordance with Government Regulation No.24 of 1997 and Article 19 of the Logga it has been achieved that there is legal certainty from each of them with a certificate as evidence. In the implementation of registration through the adjudication project is inseparable from the factors that support the cheap registration fee of only Rp. 13,500.00 and registrants do not need to go back and forth to administer the administration, and the registration requirements are easy so that the implementation is easier to carry out. inhibiting factors for the systematic registration of land rights through an adjudication project can be overcome so that the implementation runs smoothly in accordance with the objectives of Government Regulation No.24 of 1997 concerning the need for land registration. Keywords: Implementation, Land. Adjudication

TUGAS DAN FUNGSI DPRD PROVINSI KALIMANTAN TIMUR DALAM PEMBANGUNAN DAERAH KALIMANTAN TIMUR MENURUT UNDANG-UNDANG NOMOR 23 TAHUN 2014 TENTANG PEMERINTAHAN DAERAH Rani Sundari
Journal of Law ( Jurnal Ilmu Hukum ) Vol 5, No 2 (2019)
Publisher : Universitas 17 Agustus 1945 Samarinda

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ABSTRACT The implementation of people's sovereignty based on democracy which is led by wisdom in consultation / representation, it is necessary to realize people's consultative institutions and regional people's representative institutions that are able to fight for democratic values and can absorb and fight for the aspirations of the people, including regional interests, in accordance with the demands of the development of people's lives nation and state. DPRD of East Kalimantan Province is one of the institutions representing all levels of society in government. However, based on observations made by researchers, in carrying out their duties and functions as representatives of the people, the DPRD of East Kalimantan Province has not been able to contribute so optimally to the interests of the community in this matter the procurement of regional facilities and infrastructure, because the regional government of East Kalimantan Province is only more focused in regional development and development. Based on the background described above, the authors formulated the problem as follows: (1) How is the implementation of the duties and functions of the East Kalimantan Provincial Parliament in the development of the East Kalimantan area according to Law Number 23 of 2014 concerning Regional Government? (2) What are the obstacles in the implementation of the duties and functions of the East Kalimantan Provincial Parliament in the development of the East Kalimantan region according to Law Number 23 of 2014 concerning Regional Government? So that it can be concluded (1) Development carried out in rural / urban districts can run well if DPRD members can carry out their duties and functions of supervision properly and decisively against violators and the participation of rural / urban districts and communities to participate in overseeing the course of development. Supervision as a whole process of assessing the object of the inspection activity, with the aim that planning and implementation goes according to its function, and successfully achieve what has been determined. The purpose of supervision is directed so that the implementation of general tasks and development in rural / urban districts can run according to government plans and policies so that they can achieve the goals in an effective, effective and efficient way to the achievement of development objectives depends on the effectiveness of supervision carried out by the DPRD and the participation and people's aspirations. (2) There are several factors that influence the weak implementation of the supervisory function of the members of the DPRD of East Kalimantan Province, including: organizational factors, factors of political background of members, and factors of knowledge about supervision techniques from members. Keywords: Duties & Functions of DPRD, Regional Development, Regional Government

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Contact Name
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Journal Mail Official
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Location
Kota samarinda,

Kalimantan timur

INDONESIA