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KEDUDUKAN ANAK SEBAGAI SAKSI KORBAN DALAM TINDAK PIDANA PERKOSAAN DILAKUKAN OLEH PELAKU YANG SUDAH DEWASA Anang Sugondo Mahakam
Journal of Law ( Jurnal Ilmu Hukum ) Vol 5, No 2 (2019)
Publisher : Universitas 17 Agustus 1945 Samarinda

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ABSTRAKAnak sebagai saksi korban dalam tindak pidana perkosaan dilakukan oleh pelaku yang sudah dewasa saat ini intensitasnya semakin meningkat. Anak sebagai generasi penerus bangsa Berhak atas kelangsungan hidup, tumbuh dan berkembang, berpartisipasi serta berhak atas perlindungan dari tindak kekerasan dan diskriminasi serta hak sipil dan kebebasan.Jenis penelitian yang digunakan dalam penulisan ini adalah penelitian hukum normatif, di mana penelitian hukum normatif adalah suatu prosedur penelitian ilmiah untuk menemukan kebenaran berdasarkan logika keilmuan dipandang dari sisi normatifnya.Menggunakan pendekatan undang undang dan pendekatan konsep.Hasil penelitian menjelaskan bahwa Anak sebagai saksi korban keterangannya sangat diperlukan dalam proses peradilan. Namun anak yang belum berusia 15 tahun kesaksiannya dapat didengar tanpa disumpah. Sehingga keterangannya tidak dapat menjadi alat bukti yang sah namun menjadi petunjuk atau tambahan alat bukti yang sah. Anak yang berposisi sebagai saksi korban mendapatkan jaminan perlindungan hukum sesuai dengan Undang Undang Nomor 11 tahun 2012 tentang sistem peradilan pidana anak dan Undang Undang Nomor 13 tahun 2006 tentang perlindungan saksi dan korban. Anak sebagai saksi korban harus diperhatikan berkaitan dengan keselamatan fisik, mental dan psikologisnya. Kata Kunci : Kedudukan Anak, Saksi Korban, Tindak Pidana Perkosaan.

KEDUDUKAN HUKUM BAGI ANAK DARI HASIL PERKAWINAN KONTRAK Sinulingga Risna Sharon
Journal of Law ( Jurnal Ilmu Hukum ) Vol 5, No 2 (2019)
Publisher : Universitas 17 Agustus 1945 Samarinda

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ABSTRACT Marriage is felt as a sacred and special momentum, because generally marriage is only once in a lifetime. This means that marriage is eternal without knowing the time limit. No wonder that most people throw a magnificent party for their marriage processions, even willing to spend quite expensive for the procession that only takes place in a matter of hours. Seeing this reality, marriage is considered a very important and historic thing in the development phase of human life. Throughout the history of the formulation of the Marriage Law in Indonesia, it always involved three interests / parties, namely the interests of religion, the state and women. In connection with a child's problem, usually in a contract marriage it is avoided to have children. In contract marriages all the legal consequences described above are difficult to implement. This is because the marriage itself is not legal, so it has no legal consequences for both parties. In this case the disadvantaged is women. Women who have gone through contract marriages still have needs that must be met after the contract marriage ends. The legal reason behind the rechtsvinding is to emphasize that even children outside of marriage are entitled to legal protection. The constitutional judges have legal considerations that encourage the necessity of providing fair legal protection and certainty to the status of a child born and the rights that exist to him, including to children born even though the validity of his marriage is still disputed. Formulation of the problems that arise from the background above among others: (1) Is contract marriage known in Marriage Law Number 1 of 1974? (2) What is the effect of the law of contract marriage on the position of the child after the termination of the contract marriage? So it can be concluded: (1) The concept of contract marriage is not known in Marriage Law Number 1 of 1974. This is implied from the contents of the articles contained in it, so that it can be concluded on all aspects determined in Law No. 1 year. 1974 married a contract unknown. In contract marriages the nature of marriages is only temporary, making it not in line with the objectives of a marriage according to the marriage law, other than that it does not record marriages that are made with the existing system of contract marriages. marriage law, the marriage is registered in order to have legal force. (2) The legal consequences of contract marriages on the position of the wife is that the wife must carry out all obligations as a wife in general. The position of the wife who does not have a marriage certificate causes the wife does not have any legal power to demand fulfillment of the obligations of her contracted husband, to protect herself as well as both her physical and spiritual needs. Clearly, the legal protection for women is still very weak. Keywords: Contract Marriage, Child Status

TANGGUNG JAWAB BANK DALAM PENERBITAN ATM (AUTOMATIC TELLER MACHINE) DAN PERMASALAHAN YANG TIMBUL SERTA PENYELESAIANNYA Khamami Noval Abidin
Journal of Law ( Jurnal Ilmu Hukum ) Vol 5, No 2 (2019)
Publisher : Universitas 17 Agustus 1945 Samarinda

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ABSTRACTKhamami Noval Abidin, NPM: 13.11.1001.1011.046, "Responsibility Bank In Publishing ATM (Automatic Teller Machine) And Problems That Occur And Solved". (Guided by Isnawati, SH., MH and Drawan Hasyim, S.H ,. M.Si).This study was conducted to determine the responsibility of the Bank in the issuance of ATM and problems that arise and how the completion of the issuance of ATM. In collecting the data, the writer used the normative from various sources of literature of library materials by examining the materials in the library. And the data were analyzed using analysis description, which gives a very clear picture about the responsibility of the Bank in the issuance of ATM and problems that arise and how the completion of the issuance of ATM.The results showed that with the issuance of ATM can provide transaction facilities are equipped with all the advantages that exist and the different costs per ATM card ownership. To have an ATM card, the customer must first be asked to fill out a form and meet the terms and conditions set by the Bank, and agreements that have been agreed which binds itself to Bank customers and give approval. Problems arising from the issuance of ATM is limited between the customer and the Bank without the need to go to court, and the Bank will be responsible for the use of existing facilities at the ATM card, if there is a case in connection with the possession of an ATM card with the exception of the error caused by the customer's own. Keywords : Bank, ATM (Automatic Teller Machine)

IMPLEMENTASI PERATURAN DAERAH KOTA SAMARINDA NOMOR 19 TAHUN 2001 TENTANG PENGATURAN DAN PEMBINAAN PEDAGANG KAKI LIMA TERHADAP PENYITAAN BARANG DAGANGAN PEDAGANG KAKI LIMA OLEH SATUAN POLISI PAMONG PRAJA KOTA SAMARINDA Fathur Rizqi
Journal of Law ( Jurnal Ilmu Hukum ) Vol 5, No 2 (2019)
Publisher : Universitas 17 Agustus 1945 Samarinda

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ABSTRACTThe polemic regarding urban planning for street vendors has become a problem that has occurred in the city of Samarinda. The Government of Samarinda City wants the city to look beautiful and neat but is constrained by the presence of street vendors that these street vendors sometimes violate regulations by not following the applicable regulations, therefore there are many violations such as street vendors selling on the sidewalks and on the side of the road. through the Civil Service Police Unit (Satpol PP) to take action. Satpol PP is a representative of the Government who has the task of enforcing local regulations and Satpol PP itself in carrying out its duties based on existing regulations and procedures, if it is not based on applicable regulations and procedures, Satpol PP has violated the rules.This study aims to determine the Implementation of Samarinda City Regulation Number 19 The year 2001 concerning Regulations and Guidance of Street Vendors relating to legal consequences if the Samarinda City Civil Service Police Unit when conducting seizures is not in accordance with the Standard Operating Procedure (SOP) and knows the procedure for returning goods street vendor merchandise that had been confiscated by the Samarinda City Civil Service Police Unit.The method used in this study is the Juridical Sociological (Empirical) research method, namely research conducted directly to review the location of the study. With the location of research at the Office of the Civil Service Police Unit of the City of Samarinda on Jalan Balaikota No.26 Kota Samarinda, East Kalimantan. The types and sources of data used are primary data and secondary data.Based on the results of the study that there were members of the Civil Service Police Unit in conducting the seizures not in accordance with the Operational Standard Procedure and not accompanied by Civil Servant Investigators (PPNS) even though the Civil Service Police Unit in charge must comply with the Standard Operating Procedure and be accompanied by Civil Servant Investigators in conducting control and seizure of street vendor merchandise because if it is not in accordance with the Operational Standard Procedure and not accompanied by Civil Servant Investigators will be subject to punishment as stipulated in Government Regulation Article (7) Number 53 of 2010 concerning Discipline of Civil Servants and for honorarium employees or with the term Employee The Government With Work Agreement (PPPK) will be charged according to the Laws and Regulations governing the Discipline of Civil Servants. Then the Samarinda City Civil Service Police Unit must understand the rules and still be guided by the SOP, and must continually continuously carry out their duties so that they do not become obscure and fundamental judgments by the community, especially street vendors regarding the intended confiscation.Keywords: Implementation, Regional Regulations, Foreclosures, Street Vendors, Civil Service Police Units

PERLINDUNGAN HUKUM BAGI PEREMPUAN KORBAN KEKERASAN PEREMPUAN AKIBAT PERNIKAHAN DINI BERDASARKAN UNDANG-UNDANG NOMOR 23 TAHUN 2004 TENTANG PENGHAPUSAN KEKERASAN DALAM RUMAH TANGGA Fathul Jannah Fachrudin
Journal of Law ( Jurnal Ilmu Hukum ) Vol 5, No 2 (2019)
Publisher : Universitas 17 Agustus 1945 Samarinda

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ABSTRACTDomestic violence is every act against someone especially women which caused misery or physical, sexual, psychological suffering, or neglect of the household including threats to commit act, coercion, or deprivation of independence against the law within the household that often befall women (a wife). As for the factors that influence the occurrence of domestic violence are early-age marriage, economic, competition in the household, and gender inequality that is tend to place women in a lower position and less valuable. Legal protection for victims of violence has been regulated in Law No. 23 of 2004 concerning the Elimination of Domestic Violence involving a related role, namely the role of the Government, Courts, Police, and Society so that the victims can feel a sense of security both mindfully and physically, and from various threats from any party.Perpetrators of domestic violence can be sentenced under Law No. 23 of 2004 concerning the Elimination of Domestic Violence, if the evidence presented by the Public Prosecutor has been proven legitimate and convincing, and the Judge believes that the perpetrator was found guilty, it can be sentenced in the form of criminal sanctions in accordance with the forms of violence that have been committed.

TINDAKAN KEPOLISIAN DALAM MENYELESAIKAN MASALAH PENJARAHAN/PENCURIAN DISAAT TERJADI SUATU BENCANA ALAM Haerullah Nur Sidiq
Journal of Law ( Jurnal Ilmu Hukum ) Vol 5, No 2 (2019)
Publisher : Universitas 17 Agustus 1945 Samarinda

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ABSTRACT The theft by weight ever happened in Gulon Village. As explained above, theft during a natural disaster is classified as a criminal charge. This has been experienced by residents of Gulon Village. In 2010, an eruption of Mount Merapi occurred in Gulon Village, Salam District, Magelang District. This theft occurred for relief items intended for refugees. The relief items were taken at the refugee barracks located in Gulon Village Hall, Salam District, Magelang Regency. The theft occurred at night, 23.30 in 2010. The suspect entered the storage area of the goods, then the suspect took the relief items from the storage area without the knowledge of the goods manager. Every item that is issued must be in the knowledge of the goods registrar. Stolen relief items are a necessity for refugees, such as bed covers, rice plastic bags, milk the dancow, milk frisian, toothbrushes, flag tea, biscuits, indomie, chocolate milk, and others. Then put in a car to be taken to his house. Theft is the act of taking or stealing someone's property secretly with deception. Theft can also mean to take the property of others from the storage used. The goods are taken secretly and without the owner knowing.It can be concluded as follows: (1). For the police to provide security for the community is the responsibility of the profession. One of the main tasks of the police in the event of a crime is to conduct an investigation. The Investigation is a series of actions / forced efforts, examination, settlement, and submission of case files. In this case starting from the process of making police reports, investigations, summons, arrest, detention, search, confiscation, examination, filing, to the submission of case files and suspects and evidence (P-21), so that the actions Were taken by investigators / auxiliary investigators in every effort or step its actions can run effectively and efficiently in the context of law enforcement. (2). Efforts were taken by the police in overcoming theft committed during natural disasters in the Tassel Sector Police, First, preventive efforts in the form of all affairs or policies have taken long before the occurrence of an event in order to prevent the occurrence of theft crimes. Second, efforts curative is an action taken after the onset of a crime committed by someone with the aim that the crime or act of theft does not happen again. Third, Conduct coaching for the community. Keywords: theft by weight, natural disasters

KEDUDUKAN BARANG BUKTI DALAM PERKARA PIDANA DITINJAU BERDASARKAN KITAB UNDANG-UNDANG HUKUM ACARA PIDANA Julius Bernat Hasibuan
Journal of Law ( Jurnal Ilmu Hukum ) Vol 5, No 2 (2019)
Publisher : Universitas 17 Agustus 1945 Samarinda

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ABSTRACTIn the Criminal Procedure Code, the evidence is not regulated in it but in the Criminal Procedure Code, the term evidence, also known as the term evidence, it appears that the evidence is not mentioned as included in one of the valid evidences. In other words, evidence is not a proof, questions can arise from here regarding the position of "evidence". Based on this description, the main problems in this paper are: (1) How the position of the evidence in the process of proving criminal cases according to the Criminal Procedure Code and (2) Is the Evidence a basis for proving a crime according to the Criminal Procedure Code. The approach to the problem used is normative juridical, legislative approach and co-conceptual approach. Collection of materials used are primary, secondary and tertiary data, collection of materials and processing of materials with literature. In this study, it will be analyzed using qualitative normative methods with deductive logic, namely thinking with general things that lead to specific things. The evidence basically can be used to declare an error in a criminal act, with a note that the evidence used as supporting evidence is valid as stipulated in the Criminal Procedure Code, because basically as long as the evidence is an item used to commit a criminal act , or an item is a result of a criminal act, the evidence is also supported by evidence. As for the author's suggestion in the changes to the KUHAP in the future, it should be one of the things that deserves to be implemented in its change is a clearer arrangement related to the position of evidence, as part of the evidentiary instrument in a criminal case. .Keywords: Evidence Item, Evidence Tool, Evidence and KUHAP.

PERANAN SAKSI KORBAN TINDAK PIDANA PERKOSAAN PADA TINGKAT PENYIDIKAN Ahmad Deda Darwis
Journal of Law ( Jurnal Ilmu Hukum ) Vol 5, No 2 (2019)
Publisher : Universitas 17 Agustus 1945 Samarinda

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ABSTRACTModernization of information technology turned out to have a positive and negative impact on society. The positive impact of course is that we will easily get information so that we can always follow the changes, both of which occur from all corners of the country to all corners of the world. Rape can occur due to various reasons, such as the vengefulness of the perpetrator of the victim, because the offender's revenge on a woman so that another woman becomes the target of his anger, the victim compensates for feeling depressed or stressed over the various problems he faces due to environmental stimuli or pornographic images and because the perpetrators desire to channel their sexual urges that they cannot hold, also because they are supported by environmental conditions and conditions as well as perpetrators and victims that allow rape. In the process of investigating criminal acts of rape, victim witnesses have a very important role. This can be seen by reports from victim witnesses to the police about the rape crimes they experienced. Legal protection against witnesses of victims of rape at the investigation level is to provide a special room at the police station when giving testimony and their identity must be kept secret. Modernization of information technology has had a positive and negative impact on the community. The positive impact of course is that we will easily get information so that we can always follow the changes, both of which occur from all corners of the country to all corners of the world. Rape can occur due to various reasons, such as the vengefulness of the perpetrator of the victim, because the offender's revenge on a woman so that another woman becomes the target of his anger, the victim compensates for feeling depressed or stressed over the various problems he faces due to environmental stimuli or pornographic images and because the perpetrators desire to channel their sexual urges that they cannot hold, also because they are supported by environmental conditions and conditions as well as perpetrators and victims that allow rape. In the process of investigating criminal acts of rape, victim witnesses have a very important role. This can be seen by reports from victim witnesses to the police about the rape crimes they experienced. Legal protection for witnesses of victims of rape at the investigation level is to provide a special room at the police station when giving a testimony and their identity must be kept confidential Keywords: Role of Victim Witnesses, Rape, Samarinda Police, Investigation

PROFESIONALITAS APOTEKER SEBAGAI PELAKU USAHA DI TINJAU DARI HUKUM PERLINDUNGAN KONSUMEN DI SAMARINDA Irfan Jaya Kangsaputra
Journal of Law ( Jurnal Ilmu Hukum ) Vol 5, No 2 (2019)
Publisher : Universitas 17 Agustus 1945 Samarinda

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ABSTRACTIrfan jaya kangsaputra, NPM: 13.11.1001.1011.026, "Professional Pharmacists as Business Actors Reviewed From Consumer Protection Law in Samarinda". (Supervised by Dr.H.Abdul Rokhim, S.H, M.Hum and Drawan Hasyim, S.H, M.Sc).This research was made with the aim to determine the role of pharmacists as health workers does not conflict with pharmacists as entrepreneurs, but this role can lead to conflicts of interest. One effort that can be applied to prevent conflicts of interest is the pharmacist as a professional who works according to his professional code of ethics and has clear and strict provisions as a limitation of duties and functions in owning and / or managing a pharmacy. Thus the government regulations governing the separation of pharmacists in carrying out the duties and functions of managing and / or owning a pharmacy need to be firmly rearranged.The results showed that the profession is an important factor in improving the quality and quantity of work. With the knowledge possessed through education, a person will be able to allocate his thoughts well and tend not to be excessive so that they can work well. Pharmacists as business operators are regulated in Government Regulation No. 25 of 1980 concerning Pharmacy, the government considered that as pharmacists professional pharmacists considered feasible and able to conduct a pharmacy business. Keywords : Pharmacist, Consumer

IMPLEMENTASI PRINSIP PERADILAN CEPAT, SEDERHANA DAN BIAYA RINGAN DALAM PERKARA PERDATA DI PENGADILAN NEGERI SAMARINDA Marudut Hasiholan Pasaribu
Journal of Law ( Jurnal Ilmu Hukum ) Vol 5, No 2 (2019)
Publisher : Universitas 17 Agustus 1945 Samarinda

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ABSTRACTDistrict Court in carrying out its duties to enforcing the law and justice must meet the expectations of the seekers of Justice always requires the judiciary are simple, quick and light costs. Article 2 paragraph (4) Act No. 48 of the year 2009 about the fine points of power of Justice formulates that the judiciary is done with a simple, fast and light costs. The writing is aimed at knowing the District Court Samarinda are already running in accordance with the principle of Justice is fast, simple and light-weight and cost to find out what the constraints faced by the District Court of Samarinda in the exercise of civil litigation matters in accordance with the principle of Justice is fast, simple and light costs. Research results are obtained, the implementation of the principle of Justiceis fast, simple and light costs in civil litigation in the courts of the country already well done Samarinda, based on the results of the research the author of finalization of the average lawsuit civil litigation in the District Court of Samarinda does not exceed the time limit set by the SEMA number 2 Year 2014. Constraints are faced with State Court judicial principles to realize Samarinda fast, simple and light is the factor of absence of the parties on the day of the trial, witness the large number of factors that must be presented by the parties and the presence of a witness or of proof that is often delayed.Keywords: Implementation of the principle of Perdilan is fast, simple and Light Costs

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Contact Name
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Contact Email
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Phone
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Journal Mail Official
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Location
Kota samarinda,

Kalimantan timur

INDONESIA