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PERLINDUNGAN HUKUM TERHADAP DOKTER YANG TELAH MELAKSANAKAN TUGASNYA SESUAI DENGAN PROSEDUR MENURUT UNDANG-UNDANG NOMOR 29 TAHUN 2004 TENTANG PRAKTIK KEDOKTERAN Haeruddin Fajar
Journal of Law ( Jurnal Ilmu Hukum ) Vol 6, No 1 (2019)
Publisher : Universitas 17 Agustus 1945 Samarinda

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Abstract Doctors are scientists who have been professionally educated to provide help and medical service to people in need. Sometimes a doctor has performed his actions following standard operating procedures, but in the final result, there are undesirable both patients’ families, the number of cases against doctors who are suspected of making mistakes or more often we hear in other words malpractice. This type of research used in this research is normative legal research, namely research that studies document studies, namely various secondary data such as regulations, judicial decisions, legal theories, and scholars’ opinions. The result of this study is that in carrying out their duties doctors obtain legal protection as long as it is by procedures. The form of legal protection is contained in the book Philips M. Handjon, it was explained that there are two forms of legal protection, the first is the protection of preventive law. Preventive law, namely the people, can express their opinions before the government decision gets a definitive form that aims to prevent disputes. And the legal consequences received by the doctor if found guilty in carrying out medical actions resulting in the death of the patient contained in law number 23 of 1992 concerning health article 82 paragraph 1 letter (a) states “who without expertise or authority intentionally performs treatment and or the treatment referred to in article 32 paragraph (4) shall be sentenced to a maximum of 5 years imprisonment or a maximum fine of one hundred million rupiahs. Violations of the article are threatened with criminal penalties if the patient dies then the sentence is added by one-third. Keywords: doctor, legal protection, legal consequences.

PEMBUKTIAN TINDAK PIDANA PENISTAAN AGAMA BERDASARKAN VIDEO DI MEDIA SOSIAL MENURUT PASAL 27 AYAT (3) UNDANG-UNDANGN NO 19 TAHUN 2016 ATAS PERUBAHAN UNDANG-UNDANG NO 11 TAHUN 2008 TENTANG INFORMASI DAN TRANSAKSI ELETRONIK ( ITE ) Muhammad Fathur Rahman
Journal of Law ( Jurnal Ilmu Hukum ) Vol 6, No 1 (2019)
Publisher : Universitas 17 Agustus 1945 Samarinda

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AbstractThe development of technological advances making it easier for one to access social media and bias to create a status of both writing, drawing, and video. Seiringngya with such facilities is also in the same manner of crimes in social media, one of the many circulating writings, images, or videos that violate the provisions of the invitation in the Republic of Indonesia.So that the religion that notabenenya as a person's spiritual identity becomes the target of blasphemy by a person who is not responsible and make a community as a citizen of the Republic of Indonesia, which the country guarantees freedom in the religion that is believed to be religious. There are 6 recognized religions in the country Republic Indonesia, including religion of Islam, Catholicism, Christianity, Hinduism, Buddhism, and religious religions. And the religion that is widely adopted in the Republic of Indonesia is the Islamic religion.Based on the results of research and discussion, it can be concluded that the cause of religious blasphemy crimes is the failure of the development of religion, weak law enforcement, the emergence of the defenders of religious taking, the media is not the party to the religion that is denied. Thus making the opportunity of a person whose crisis of religious sciences easily blasphemy the religion. In the end, based on the above conclusion, the author's suggestion needs to spread religion or even wider da'wah so that all religious teachings can be conveyed well and can be understood every adherence. To put a religious position above everything than a need for strict sanction of the law enforcement officers for religious conners. So it becomes one of the right means of creating justice.Keyword: criminological Penista religious social media

KEDUDUKAN PSIKOLOGI FORENSIK DALAM PENANGANAN PELAKU TINDAK PIDANA PEMBUNUHAN DENGAN KEKERASAN TERHADAP ANAK Anis Sulmustakim
Journal of Law ( Jurnal Ilmu Hukum ) Vol 6, No 1 (2019)
Publisher : Universitas 17 Agustus 1945 Samarinda

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ABSTRACT The position of Forensic Physology in the presentation is very close to obtaining a decision or determination in the investigation of a criminal offense carried out by the perpetrator, it is very important to know the psyche of the perpetrator and how to handle it in the investigation. From this background can be raised several problems, namely: How is the position of psychological Forensi to find out the cause of the perpetrators of murder with violence against children and How to deal with the perpetrators of murder with violence against children if the perpetrators can win the responsibility and cannot answer their actions. The discussion of these problems requires an approach method, specification of research types and sources of data, data collection methods and data analysis methods, from which the conclusions can be obtained as follows: very active role in forensic psychology in investigating perpetrators with investigators so that investigators can decide or report on the psychiatric results of the perpetrator to strengthen in the trial whether the suspect can bear the responsibility or not and the mechanism of investigation, sending SPDP, forced efforts, examinations, title cases, settlement of case files to the public prosecutor, surrender of suspects and evidence, and termination of investigation who plays with cannot bear the responsibility, namely the examination of a psychologist or psychiatrist, Sp3 dismissal before a court decision Keywords: Forensic Physics, Handling in Investigation, Psychology of Actors

TINJAUAN TERHADAP PELAKU BODY SHAMING BERDASARKAN UNDANG-UNDANG NOMOR 19 TAHUN 2016 PERUBAHAN ATAS UNDANG-UNDANG NOMOR 11 TAHUN 2008 TENTANG INFORMASI DAN TRANSAKSI ELEKTRONIK Rizky Fadhila
Journal of Law ( Jurnal Ilmu Hukum ) Vol 6, No 1 (2019)
Publisher : Universitas 17 Agustus 1945 Samarinda

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AbstractNowadays body shaming is rife (insulting body image) among the public, especially on social media, as an effort to guarantee the rights of victims due to body shaming crimes the need for clear legal rules. Considering the legal rules regarding body shaming in Law Number 19 Year 2016 Amendment to Law Number 11 Year 2008 Regarding Information and Electronic Transactions (ITE Law) there is a lack of clarity in its regulation which does not mention directly about body shaming, it is necessary to have review of the rules governing body shaming so that it does not cause multiple interpretations in using it. The legal issues in this research are the legal provisions and the application of body shaming criminal acts in terms of the ITE Law. The method used in this study uses normative juridical research methods. Based on the results of the study, the regulation of criminal acts against body image can be referred to using Article 45 paragraph (3) of the ITE Law if the crime is committed through social media, if viewed from the characteristics of body shaming that has fulfilled the objective and subjective elements of the article. , so that body shaming can be said to be a criminal offense of mild humiliation of body image.

TINJAUAN YURIDIS TINDAK PIDANA TERORISME DI INDONESIA Agus Suparmono
Journal of Law ( Jurnal Ilmu Hukum ) Vol 6, No 1 (2019)
Publisher : Universitas 17 Agustus 1945 Samarinda

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ABSTRACT One of the things that disturb national stability is the crime of terrorism. In recent years, criminal acts of terrorism in Indonesia have mushroomed and have disturbed the peace of the nation. The series of bombings that occurred in the territory of the Unitary State of the Republic of Indonesia has caused widespread fear in the community, resulting in loss of life and loss of property, thus causing an unfavorable influence on Indonesia's social, economic, political, and international relations. Bombing is one mode of perpetrators of terrorism that has become a common phenomenon in several countries. Terrorism is a transnational, organized crime and even an international crime that has a wide network, which threatens national and international peace and security.Problem approach is the process of solving or solving problems through the stages that have been determined, so as to achieve research objectives. In this type of approach, researchers make direct observations of the process of enactment of normative law in certain legal events so that this study examines the legal provisionsThe elements in the criminal act of financing terrorism, namely every person, who commits an evil conspiracy, attempted or assisted to commit the crime of financing terrorism, intentionally providing, collecting, giving, or lending funds either directly or indirectly, with the intention of being used in whole or in part to commit acts of terrorism, terrorist organizations, or terrorists.From the point of view of law enforcement officers, it turns out that the AT Special Police Detachment 88 personnel in charge of investigating and investigating terrorist crimes committed by radical groups because members of the Special Detachment 88 AT Polri who are already trained and experienced in their duties, so that the disclosure of the case does not encounter obstacles or significant obstacles, and from the results of an investigation conducted immediately the suspect can be arrested to carry out his investigation. Keywords: Criminal Acts, Terrorism, Law Enforcement

KEDUDUKAN BARANG BUKTI DALAM PERKARA PIDANA DITINJAU BERDASARKAN KITAB UNDANG-UNDANG HUKUM ACARA PIDANA Julius Bernat Hasibuan
Journal of Law ( Jurnal Ilmu Hukum ) Vol 6, No 1 (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.

TINJAUAN YURIDIS TERHADAP PENGADAAN TANAH BAGI KEPENTINGAN UMUM DI KOTA SAMARINDA BERDASARKAN UNDANG-UNDANG NOMOR 2 TAHUN 2012 TENTANG PENGADAAN TANAH BAGI PEMBANGUNAN UNTUK KEPENTINGAN UMUM Muhammad Fachryan Nugraha
Journal of Law ( Jurnal Ilmu Hukum ) Vol 6, No 1 (2019)
Publisher : Universitas 17 Agustus 1945 Samarinda

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AbstractLand acquisition for public use often experiences problems in the procurement process. The problem is that on one hand, the need for land in the context of development is so urgent while on the other hand, the land supply is limited. This study aims to determine the suitability of land acquisition for public use in Samarinda City with Law Number 2 of 2012 concerning Land Procurement for Development in the Public Interest, and suitability of awarding compensation to holders of land rights with Law Number 2 of the Year 2012 concerning Land Procurement for Development in the Public Interest. This type of research used in the writing of this law is empirical juridical research which in essence examines the applicable legal provisions and what happens in the reality of society. The research approach used is descriptive which aims to provide a specific description or explanation of the state of the object or problem under study. The results of the study concluded that land acquisition in Samarinda city not in accordance with applicable legal provisions in this case Law Number 2 of 2012 concerning Land Procurement for Development in the Public Interest because there are still obstacles that are often faced by the City Government of Samarinda. In case compensation is in accordance with Law No. 2 of 2012 concerning Land Procurement for Development in the Public Interest. However, there are still disadvantaged citizens because the value of compensation is not sufficient for economic needs, as well as unpaid compensation.

TINJAUAN YURIDIS KEDUDUKAN MEDIATOR BERSERTIFIKASI KAITANNYA DENGAN PERATURAN MAHKAMAH AGUNG NOMOR 1 TAHUN 2008 DALAM MENYELESAIAN SENGKETA TANAH DI PENGADILAN NEGERI SAMARINDA Omcitra Situmeang
Journal of Law ( Jurnal Ilmu Hukum ) Vol 6, No 1 (2019)
Publisher : Universitas 17 Agustus 1945 Samarinda

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ABSTRACTAs time goes on, humans are increasing, and even the need for shelter is getting higher and the availability of land will be less. So, the problem of land problems will be higher and the number will increase. It is better in rural areas and more so in urban areas. business requires efficiency and harmony as well as the continuation of cooperative and formalistic relations and requires solutions that emphasize justice, ligitation institutions cannot respond because in operation they are considered to be slow and wasteful of energy, time and money. Therefore dispute resolution through litigation or court, often does not resolve the problems raised by the parties, the Ligitation cannot provide a win-win solution, so it starts to be seen as the last attempt to resolve the dispute. Thus disputes over land. as an intermediary in the problem of land disputes. Mediation is a negotiation process to solve problems and obtain agreement by the parties to the dispute. Keywords: Mediator, Land Dispute

TINJAUAN TERHADAP PEMBAGIAN HARTA BERSAMA AKIBAT PERCERAIAN YANG PERKAWINANNYA DILAKUKAN DI BAWAH TANGAN Wita Anugrah Gemilang
Journal of Law ( Jurnal Ilmu Hukum ) Vol 6, No 1 (2019)
Publisher : Universitas 17 Agustus 1945 Samarinda

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ABSTRACTMarriage under the hand known to the public arises after the promulgation of Law Number 1 of 1974 concerning Marriage and the issuance of Government Regulation Number 9 of 1975 as the implementation of Law Number 1 of 1974. In both regulations it is stated that each marriage other than must be performed according to religious provisions must also be noted. For those who are Muslim and are going to divorce but cannot prove the existence of a marriage with a marriage certificate, they can submit an application for marriage (the determination/ratification of marriage) to the Religious Courts as regulated in Article 7 of the Compilation of Islamic Law (KHI).Problems regarding property in marriage generally arise in the event of a divorce. In unregistered marriages, there will be difficulties in sharing shared assets because there is no legal bond between the two. Therefore, in an underhand marriage, good faith from both parties is needed in resolving various problems through a family gathering. Keywords: Marriage, Divorce, Under the Hand

KEWENANGAN POLISI LALU LINTAS KOTA SAMARINDA MELAKUKAN RAZIA DI JALAN BEDASRKAN PERATURAN PEMERINTAH NOMOR 80 TAHUN 2012 Eka Safi’i Nuriyanto
Journal of Law ( Jurnal Ilmu Hukum ) Vol 6, No 1 (2019)
Publisher : Universitas 17 Agustus 1945 Samarinda

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ABSTRACTThe number of people who still cannot understand the role, the obligation of traffic police to do rajia, I chose the title "The Traffic Authority of Samarinda City Traffic Raiding on the Road Based on Government Regulation Number 80 of 2012" so that the public understands the authority of traffic police. Legal research conducted in this study Using the Normative Juridical approach is believed to be a decision analysis so that the expected results are obtained. Law enforcement officers (traffic police) act as deterrents and as actresses in political functions. In addition, the traffic police also carry out the regeling function (for example, regulation of the obligations for certain motorized vehicles to supplement with safety triangles) and functions specifically in the case of permits or beginstiging (for example, issuing a driver's license). Government Regulation No. 80 of 2012 concerning the inspection of motorized vehicles and the enforcement of traffic violations and road transport is the basis of the authority of traffic police to carry out raids on road vehicles and the role of the police as law enforcers. The role of the police in the context of law enforcement must be based on applicable rules and the code of ethics of the police themselves.Keywords: Traffic Police, Examination, Enforcement, Violations

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Contact Name
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Journal Mail Official
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Kota samarinda,

Kalimantan timur

INDONESIA