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INDONESIA
DEDIKASI JURNAL MAHASISWA
Published by Universitas 17 Agustus 1945 Samarinda
ISSN : -     EISSN : -     DOI : -
Core Subject : Education,
Education
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Articles 61 Documents
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Search results for , issue "Vol 5, No 2 (2019)" : 61 Documents clear
PENEGAKAN HUKUM TINDAK PIDANA TERHADAP ANAK PASAL 81 AYAT (1) UNDANG-UNDANG NOMOR 17 TAHUN 2016 TENTANG PERLINDUNGAN ANAK Rahmad Erwansyah
Journal of Law ( Jurnal Ilmu Hukum ) Vol 5, No 2 (2019)
Publisher : Universitas 17 Agustus 1945 Samarinda

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ABSTRACT            Children are very vulnerable to being subject to violence. This is because children are socially and legally weak objects, so children are often used as material exploitation and impunity for crime due to the weak protection provided by both the social and state environment to children. This has led to widespread cases of violence against children occurring around the social sphere of Indonesian society.            Various types and forms of violence with various variants are accepted by Indonesian children, such as murder, rape, molestation, torture, trafficking, abortion, pedophilia, and various exploitation of children in the fields of work, neglect, kidnapping, child escape and hostage taking.            In Indonesia, there is already a law that regulates issues concerning children, namely Law Number 17 of 2016 concerning the Establishment of Government Regulations in lieu of Law Number 1 of 2016 concerning the Second Amendment to Law Number 23 of 2002 Concerning Child Protection into Law - Law, where in law enforcement this Act is the basic reference in the imposition of sanctions or penalties for perpetrators of sexual intercourse against minors.            Based on the background described above, the authors formulate the problem as follows: (1) How is the protection of children in law enforcement criminal acts Article 81 Paragraph (1) of Law Number 17 Year 2016 concerning Child Protection? (2) How is the criminal law enforcement against Children in Article 81 Paragraph (1) of Law Number 17 Year 2016 concerning Child Protection?            The conclusions of this paper are: (1) Protecting children is essentially protecting the family, protecting the community, and also protecting the nation. Therefore protection of children is very important. Including protection of children as victims of crime. Law Number 17 Year 2016 concerning Child Protection provides quite a lot of protection for children, even before the crime occurred in children, Law Number 17 Year 2016 which regulates Child Protection has provided protection for children not to become victims of a crime. (2) The imposing of a crime on a child must indeed be different from the imposing of a crime on an adult. Children are given the lightest possible punishment and half of the criminal convictions of adult criminal offenses. Children who violate the law of decency should be convicted with crimes that are educating and fostering children towards a better life, so that they become members of the community who obey the law. Therefore the nature of sanctions or actions for children must be different from the nature of criminal sanctions for adults. Criminal offense or action must be accountable and can benefit the child. This is to prevent unintended consequences that are detrimental to the child, so it needs to be considered an ethical basis for punishment that is justice as the only basis for punishment. The criminal must be educative, constructive, not destructive and must meet the interests of the child concerned. Keywords: Child Protection, Law Enforcement, Criminal Acts
PENEGAKAN HUKUM TINDAK PIDANA TERHADAP ANAK PASAL 81 AYAT (1) UNDANG-UNDANG NOMOR 17 TAHUN 2016 TENTANG PERLINDUNGAN ANAK Erwansyah, Rahmad
Journal of Law ( Jurnal Ilmu Hukum ) Vol 5, No 2 (2019)
Publisher : Universitas 17 Agustus 1945 Samarinda

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Abstract

ABSTRACT            Children are very vulnerable to being subject to violence. This is because children are socially and legally weak objects, so children are often used as material exploitation and impunity for crime due to the weak protection provided by both the social and state environment to children. This has led to widespread cases of violence against children occurring around the social sphere of Indonesian society.            Various types and forms of violence with various variants are accepted by Indonesian children, such as murder, rape, molestation, torture, trafficking, abortion, pedophilia, and various exploitation of children in the fields of work, neglect, kidnapping, child escape and hostage taking.            In Indonesia, there is already a law that regulates issues concerning children, namely Law Number 17 of 2016 concerning the Establishment of Government Regulations in lieu of Law Number 1 of 2016 concerning the Second Amendment to Law Number 23 of 2002 Concerning Child Protection into Law - Law, where in law enforcement this Act is the basic reference in the imposition of sanctions or penalties for perpetrators of sexual intercourse against minors.            Based on the background described above, the authors formulate the problem as follows: (1) How is the protection of children in law enforcement criminal acts Article 81 Paragraph (1) of Law Number 17 Year 2016 concerning Child Protection? (2) How is the criminal law enforcement against Children in Article 81 Paragraph (1) of Law Number 17 Year 2016 concerning Child Protection?            The conclusions of this paper are: (1) Protecting children is essentially protecting the family, protecting the community, and also protecting the nation. Therefore protection of children is very important. Including protection of children as victims of crime. Law Number 17 Year 2016 concerning Child Protection provides quite a lot of protection for children, even before the crime occurred in children, Law Number 17 Year 2016 which regulates Child Protection has provided protection for children not to become victims of a crime. (2) The imposing of a crime on a child must indeed be different from the imposing of a crime on an adult. Children are given the lightest possible punishment and half of the criminal convictions of adult criminal offenses. Children who violate the law of decency should be convicted with crimes that are educating and fostering children towards a better life, so that they become members of the community who obey the law. Therefore the nature of sanctions or actions for children must be different from the nature of criminal sanctions for adults. Criminal offense or action must be accountable and can benefit the child. This is to prevent unintended consequences that are detrimental to the child, so it needs to be considered an ethical basis for punishment that is justice as the only basis for punishment. The criminal must be educative, constructive, not destructive and must meet the interests of the child concerned. Keywords: Child Protection, Law Enforcement, Criminal Acts
Problematika Tentang Penyediaan Pembuatan Tanda Nomor Kendaraan Bermotor Tidak Resmi di Daerah Balikpapan dan Akibat Hukum Novita Sari
Journal of Law ( Jurnal Ilmu Hukum ) Vol 5, No 2 (2019)
Publisher : Universitas 17 Agustus 1945 Samarinda

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ABSTRACTNovita Sari, Law Studies Program, Faculty of Law, University of 17 August 1945 "Problems on the Making of Illegal Vehicle’s number in Balikpapan Area and Because of Law", under the guidance of Kunti Widayati SH, M.Hum as the advisor I and Isnawati, SH , HM as advisor II.In this research that became the object of this research is the Balikpapan City District Police Traffic and Office of Samsat Balikpapan City and Business maker of Illegal Vehicle’s number and also the users of illegal Vehicle’s number. This research was conducted in Balikpapan City with Empirical Research method, using Law Case Study Approach which is case study approach on legal affair which is in progress or not finished. Source of data obtained in this research is primary data source or secondary data related to the making of illegal vehicle’s number.Vehicle’s number is an integral part of the registration and identification of vehicles, which basically Vehicle’s number can only be issued by the police in this case is the Indonesian Traffic Police Corps, but in fact there are still many business actors open a business providing Vehicle’s number that is clearly not justifiable legally. The result of the research and discussion related to the cause of the illegal construction of Vehicle’s number due to the absence of clear rules for action against illegal Vehicle’s number production so that law enforcers have no basis to carry out the action, the number of requests for business maker of illegal Vehicle’s number caused by the long process of making Vehicle’s number in Samsat Office, and the development of the illegal Vehicle’s number making business is quite fast in Balikpapan City Region. The concept offered by the author in this case is to optimize the supervision on the provision of making the illegal Vehicle’s number, clarify the rules regarding the making of Vehicle’s number not through  Samsat office, so that in law enforcement can be carried out fairly and useful in accordance with the purpose of the law itself. Keywords: Causative factor, Law Enforcement, Illegal Vehicle’s number.
PEMBAYARAN PAJAK TERTUNDA TERHADAP PAJAK BUMI DAN BANGUNAN MENURUT PERATURAN DAERAH KOTA SAMARINDA NOMOR 4 TAHUN 2011 TENTANG PAJAK DAERAH Heseykiel Heseykiel
Journal of Law ( Jurnal Ilmu Hukum ) Vol 5, No 2 (2019)
Publisher : Universitas 17 Agustus 1945 Samarinda

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ABSTRACTRegional Income Agency in the discharge of his duties in order to improve the realization of the Earth and building Tax in accordance with the General conditions of taxation and can socialize with the people/Taxpayers in the process of tax payment delayed or payable taxes in accordance with applicable local Samarinda number 4 year 2011 about tax areas. In accordance with the data obtained from the Agency's Regional Income the city of Samarinda tax earnings from year to year is not yet realized optimally. Product realization of payment acceptance receivables against receivables in 2007 up to the year 2017 experienced ups and downs.The writing is aimed at knowing the process of settlement of the pending tax payments against the Earth and building Tax in accordance with the regulations and to know sanctions for Taxpayers in tax payments of Earth and Building pending in the Body Regional Income Samarinda.Research results are obtained, the process of tax payment is pending against the Earth and building Tax according to the applicable local Samarinda number 4 Year 2011 About tax areas have already done well. Where Taxpayers can take care of the certificate or letter to delay tax payments in debt. But close to the realization of the Earth and building tax payment has not yet been realized well and sanctions for Taxpayers in terms of payment of taxes Tax Earth and delayed Building is already a strict sanctions, penalties, which is given to the Compulsory Tax if it does not do payable tax payment will be charged an administrative sanction in the form of an interest rate of 2% (two percent) if the tax payable is not or less pay, article 88 paragraph (1) of the regulation of the regional city of Samarinda number 4 Year 2011 about taxes The area that the Taxpayer, because of negligence does not deliver the notice of tax areas or fill with incorrect or incomplete or incorrect information to attach to the detriment of the financial areas are convicted of confinement the longest one (1) year or criminal fines of as much as 2 (two) times the amount of tax payable that is not or less pay.  Keyword: Delayed tax, Earth and building Tax 
PERTANGGUNGJAWABAN PIDANA TERHADAP PELAKU KEJAHATAN PROSTITUSI ANAK MELALUI TRANSAKSI ELEKTRONIK BERDASARKAN UNDANG-UNDANG NOMOR 19 TAHUN 2016 TENTANG INFORMASI DAN TRANSAKSI ELEKTRONIK Kassandra Madya
Journal of Law ( Jurnal Ilmu Hukum ) Vol 5, No 2 (2019)
Publisher : Universitas 17 Agustus 1945 Samarinda

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Abstract      Advances in technology and information have a positive influence on the development of social and economic activities in the world community. However, the development of technology and information not only has a positive influence, but also a negative influence. This negative influence can be seen along with the emergence of new criminal acts, namely cyber crime, which is in the form of prostitution carried out online. Regulations regarding the prohibition of online prostitution have been clearly formulated in positive Indonesian law, namely in the Criminal Code, Law Number 11 Year 2008 Regarding Information and Electronic Transactions, and Law Number 44 Year 2008 Concerning Pornography.But enforcement in this case is very difficult to do, because in online prostitution transactions that cross borders (bordeless)
AKIBAT HUKUM TERHADAP KELAHIRAN ANAK DARI PERKAWINAN YANG TIDAK TERCATAT BERDASARKAN UNDANG-UNDANG NOMOR 1 TAHUN 1974 TENTANG PERKAWINAN PERIDA HERINA
Journal of Law ( Jurnal Ilmu Hukum ) Vol 5, No 2 (2019)
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ABSTRACTPerida Herina,  2019, Legal consequences of the birth of unmarried children from marriage bassed on Law Number 1 of 1974 concerming marriage, This study was guided by Dr. H. Abdul Rokhim, S.H., M.Hum as the first supervisor and Gusti Heliana Safitri, S.H., M.H as supervisor II.Marriage is an inner and outer bond between a man and woman as husband and wife with the aim of forming a happy and eternal family bassed on the one godhead, carried out according to their respective Religion must be recorded according to the applicable laws and regulations.Research Methods, namely: 1. Type of Research, is Normative Juridical research. 2. Through the stages 3. Legal Material Resources, the author uses the technique of collecting library research, which in 4. Legal collection and processing materials using the primary law legal document collection techniques, as well as the implementing regulations of the Civil Code, Law No.23 of 2002 Law No. 23 of 2006, Law No. 1 of 1974, Presendential Degree No. 12 of 1983. b. Legal Materials The principal of the law is an approach to the problem, is the primary and Secondary Legal Materials  Secondary data, sourced from: a. Material in 2002. Law No. 23 of 2006, Law No. 1 of 1974, Presidential Decree No. 12 0f 1983, b. Secondary Legal Materials books, internet access witings of legal experts, primary and secondary.c. Tertiary Law, namely givingnan explaination of primary law and seondary. 5. Legal Materials Analysis is that the data obtained is processed systematically, analyzed qualitatively, legal and analogical interpretations of the facts obtained by the study of provisions of the marriage.MK Decision Number:46/ PUU-VIII/2010 namely Children born proven based on science and technology and / or other evidence according to the Law has blood relations including the relationship of civil blood to his father’s familiy.
TINJAUAN YURIDIS TERHADAP PEMELIHARAAN ANAK DIBAWAH UMUR (HAK HADHANAH ) AKIBAT SUATU PERCERAIAN BERDASARKAN KOMPILASI HUKUM ISLAM Aldi Jaya Mandala Putra
Journal of Law ( Jurnal Ilmu Hukum ) Vol 5, No 2 (2019)
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ABSTRACT                    Legal writing (thesis) discusses the study of hadhanah (child custody) problems involving divorce participation and the legal perspective on the problem of parenting underage children. This study includes juridical normative research, data collection techniques used through literature studies both books, legislation and documents, can discuss ways to improve 12-year-old children or mumayyiz dependent in the hands, in accordance with Article 105 Compilation of Islamic Law. In Psychology, children who are closer to what is needed need attention as well as love               In connection with the Hadhanah case, asking the father to ask for responsibility for the child after the divorce, he clearly agreed to the terms set out in the Marriage Law in Article 41, and could also be questioned by law, because legal reasons needed by the mother could file a lawsuit based on the Regulation of the Civil Code Article 1365 (Acts against the law) and on the basis of wan achievement. Keywords: Hadhanah Rights, Divorce
BANYAKNYA PENJUALAN BBM DENGAN MENGGUNAKAN POM MINI TANPA DILENGKAPI IZIN DI KECAMATAN MUARA WAHAU KABUPATEN KUTAI TIMUR Haris Suyanto
Journal of Law ( Jurnal Ilmu Hukum ) Vol 5, No 2 (2019)
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ABSTRACT The 1945 Constitution of the Republic of Indonesia for the management of Natural Resources under the provisions of Article 33. Based on this provision, Law Number 22 of 2001 concerning Oil and Natural Gas was formed. This Law replaces Law Number 44 Prp. 1960 concerning Oil and Gas Mining, Law Number 15 of 1962 concerning Establishment of Government Regulations in lieu of Law Number 2 of 1962 concerning Obligations of Oil Companies to Meet Domestic Needs.It is not known that Pom Mini retailers are illegal activities and against the law and may be subject to criminal sanctions. In Law No. 22 of 2001 concerning Oil and Gas concerning criminal provisions for parties who do not have permission to carry out downstream oil business activities. This criminal provision is regulated in Article 53 of Law No. 22 of 2001 concerning Oil and Gas.
PENJUALAN PONSEL PINTAR TANPA GARANSI RESMI DI TENGGARONG BERDASARKAN UNDANG-UNDANG NOMOR 8 TAHUN 1999 TENTANG PERLINDUNGAN KONSUMEN Andi Setiawan
Journal of Law ( Jurnal Ilmu Hukum ) Vol 5, No 2 (2019)
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ABSTRACTSince Law Number 8 of 1999 concerning Consumer Protection has been enacted and along with the development of technology, the use of technolopgy products, especially telematics and electronic products in Indonesia, has experienced rapid development from year to year. Warranty is a full stage transaction from the stages of consumer transactions. Considering the importance of the after-sales guarantee / guarantee card and to complete the UUPK, the Minister of Trade Regulation of the Republic of Indonesia Number 19 / M-DAG / PER / 5/2009 was issued. With this regulation, it is expected that consumers can avoid purchasing defective or damaged products. The author in conducting this research uses the method of empirical juridical research, namely research carried out by collecting data directly from competent parties in connection with the object under study, for this method of interviewing with staff and agencies is related to the object of this research to obtain primary data. aims to find out the legal consequences for businesses that trade smart phones without an official guarantee in Tenggarong city and find out the settlement efforts for consumers who have been harmed by buying smart phones without an official guarantee under Law Number 8 of 1999 concerning Consumer Protection.KEY WORDS:Due to Law, Consumer Protection, UUPK
UPAYA DITRESNARKOBA POLDA KALTIM DIDALAM MENANGGULANGI PEREDARAN DAN PENYALAHGUNAAN NARKOBA DIKALANGAN PELAJAR I Nyoman Suantara
Journal of Law ( Jurnal Ilmu Hukum ) Vol 5, No 2 (2019)
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ABSTRACT            The problem of drug abuse in Indonesia now is very alarming. This is due to several things, among others, because Indonesia is located in a position between three continents, and given the development of science and technology, the influence of globalization, highly developed transportation flows and shifting of materialistic values with the dynamics of illicit trafficking targets. Indonesian society and even the world community, in general, are currently facing a very alarming situation due to the rampant illegal use of various types of drugs. This concern is heightened due to the rampant drug trafficking which has spread in all walks of life, including among the younger generation. This will greatly affect the life of the nation and state in the future.            NAPZA (Narcotics, Psychotropics, and addictive substances) is a drug or material that is useful in the fields of medicine, health services, and scientific development, and on the other hand can cause very detrimental dependencies if used without control, strict and careful supervision. Drug abuse is a form of community ignorance that is a reflection of the weakness of human nature, such as in Indonesian society where many people do not understand the dangers of drug abuse.            Even more alarming is that Indonesia is not only an illegal drug marketing area but also a drug-producing area. The majority of victims of drug abuse are aged 15-20 years, ages who are supposed to be actively doing constructive activities, very productive ages.            Based on the background description of the problem above, there are 2 problems (1) What is the effort of the East Kalimantan Regional Police Directorate of Narcotics in Addressing Circulation and Drug Abuse Among Students? (2) What are the obstacles faced by the East Kalimantan Regional Police Directorate of Narcotics in Addressing Circulation and Drug Abuse Among Students?            So it can be concluded (1) The implementation of the East Kalimantan Regional Police countermeasures through preventive and repressive measures. Preventive action is carried out through campaigns, outreach, counseling, approaches with families, and so forth. These efforts are a form of prevention carried out institutionally or in collaboration with community participation. Campaigns, outreach, and outreach are priorities for the police so that repressive actions can be minimized. (2) Broadly speaking, the obstacles taken by the police occur in the limited human resources of infrastructure and communication interruptions. Dismissal of information from the public as a reporter also becomes an obstacle in efforts to tackle drug abuse among adolescents, it is necessary to provide further information to the public at large about the dangers of drugs and there is an encouragement for the public to dare to report in order to protect the nation's generation so that it does not fall further in drug abuse. Keywords: Drugs, Abuse, Countermeasures

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