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TINJAUAN HUKUM TERHADAP KASUS TINDAK PIDANA PEMERASAN OLEH OKNUM POLISI BERDASARKAN KITAB UNDANG-UNDANG HUKUM PIDANA Firman Selvian Rosady
Journal of Law ( Jurnal Ilmu Hukum ) Vol 6, No 1 (2019)
Publisher : Universitas 17 Agustus 1945 Samarinda

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ABSTRACT This study examines how the regulation of extortion under the Penal Code (KUHP) and Law No. 2 of 2002 on the Law of the Republic of Indonesia. This research is scientific research to find out the truth based on scientific logic from the legal side by using laws and regulations. The types of legal entities that the author uses are primary legal materials, secondary legal materials, as well as tertiary legal materials. The formulation of the Criminal Code does not provide room at all against the implementation of extortion measures. The regulation is regulated in Article 13 letter b and c, Article 14 paragraph 1 of Law Number 2 the Year 2002. And in Government Regulation Number 2 the Year 2003 namely Article 3 letter c, Article 3 letter f, Article 3 letter g, Article 4 letter c and d, Article 4 letter f, Article 4 letter h, Article 4 letter I, Article 4 letter j, Article 5 letter a and Article 6 letter q. The imposition of disciplinary sanctions against police officers can not eliminate criminal sanctions because it has committed extortion as contained in Article 368 paragraph 1 of the Criminal Code. Keywords: Extortion, disciplinary sanctions can not impose criminal sanctions.

KEDUDUKAN HAK ATAS AHLI WARIS ANAK KANDUNG NON MUSLIM DI INDONESIA DALAM PERSPEKTIF HUKUM ISLAM Agus Purnomo
Journal of Law ( Jurnal Ilmu Hukum ) Vol 6, No 1 (2019)
Publisher : Universitas 17 Agustus 1945 Samarinda

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ABSTRACTOne of the issues of inheritance which is still being debated is, heirs of different religions, both between Muslims (as heirs) and non-Muslims (as heirs) or vice versa. This is considering life in the present, especially as Indonesia as a heterogeneous nation (diverse) has increasingly developed and complex, where marriages of different religions or "phenomena" of converting to a family are increasingly widespread, so this will have very real implications. and serious when faced with inheritance issues.In examining the problem of inheritance distribution in this study specifically for non-Muslim biological children who will be studied comprehensively through normative juridical research that is Library Research is research with data sources derived from literature literature.The result of this study is the position of heirs of non-Muslim biological children in Islamic Law and Islamic Law Compilation, which is not yet explicitly regulating the division of inheritance of different religions, but the hadith and majority of scholars agree that there is no inheritance part for heirs of different religions. Then what about the obligatory testament itself in Islamic law, evidently in the law Islamic law does not know about the testamentary obligatory but only knows about the will or grant, about the obligatory testament governed in the Compilation of Islamic Law but only limited to adopted children and adoptive parents for it as a way out of this problem the Supreme Court through its ruling gave a mandatory will for non-Muslim heirs as a solution to this problem. Keywords: Natural Child Heirs, Religious Differences, Mandatory Wills

TINJAUAN YURIDIS TERHADAP TINDAKAN HAKIM DALAM MENILAI KEKUATAN ALAT BUKTI KETERANGAN SAKSI YANG BERBEDA ANTARA DIDEPAN PENYIDIK DENGAN DI PERSIDANGAN Hilman Nurrachman
Journal of Law ( Jurnal Ilmu Hukum ) Vol 6, No 1 (2019)
Publisher : Universitas 17 Agustus 1945 Samarinda

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ABSTRACTThe community is appropriate and useful by determining what is required or permissible and vice versa. Acts that are in accordance with the law are not a problem and need not be questioned, the problem is the act that is against the law so that all forms of crime can be resolved as fairly as possible, and with the existence of the law is also expected to avoid the occurrence of violations that can be done by the public or law enforcement itself.This study uses normative legal research, which is a legal research method carried out by examining mere lirature or secondary data. The research procedure used is the research of collecting legal material that will be used in this research is the study of literature that is collecting data by reading legislation, official documents, and literature that are closely related to the issues discussed.The results of the study explained that the judge's actions in assessing the strength of the evidence of witness testimony were different between in front of the investigator and at the trial namely by the judge asking the reason for the witness giving different information, the judge then asked for witnesses to be verbally presented.The judge can remind the witness that if the statement submitted is not true then the witness can be convicted for providing false testimony/oath and criteria for evidence of witness testimony that is judged to be valid by the judge. evidence, that is, witness statements deemed valid are witness statements given under oath Keywords: Evidence and Witnesses

TINJAUAN YURIDIS TERHADAP OBJEK TANAH TERLANTAR ATAS HAK GUNA USAHA (HGU) PERKEBUNAN DI KABUPATEN KUTAI TIMUR Siti Nurmaya Sari
Journal of Law ( Jurnal Ilmu Hukum ) Vol 6, No 1 (2019)
Publisher : Universitas 17 Agustus 1945 Samarinda

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ABSTRACT This study aims to find out the neglected land designation for plantation use rights in East Kutai Regency and to find out the legal consequences of the determination of the abandoned land object.This research is a type of empirical juridical legal research. Data collection is done by asking for data and interview methods. This research was conducted at the Regional office of the National Land Agency of the Province of East Kalimantan Based on the research result obtained from this paper, it can be concluded that: 1) Determination of abandoned land objects in East Kutai district based on cultivation Rights is carried out by means of, among others, inventory, identification and research of abandoned land and giving a warning to be designated as abandoned land by the head the republic of Indonesia Land Agency which has not yet been realized 2) At PT Sumber Kharisma Persada has not had any legal consequences because there has been no response or response from the BPN of the republic of Indonesia, if referring to Article 9 paragraph (2) and paragraph (3) PP No. 11 of 2010 concerning Control and utilization of Neglected Land, PT SumberKharismaPersada will get legal consequences, namely the termination of the relationship between the subject of the rights holders and land objects, then the land will be re-controlled by the state. Land indicated as abandoned must be regulated according to government Regulation No. 11 of 2010 concerning control and utilization of neglected land. Keywords : Abandoned Land Object, Cultivation Right

PENERAPAN ASAS PRADUGA TAK BERSALAH DALAM PERKARA OPERASI TANGKAP TANGAN OLEH KOMISI PEMBERANTASAN KORUPSI DALAM PERSPEKTIF KUHAP Moh. Bachrul Ulum
Journal of Law ( Jurnal Ilmu Hukum ) Vol 6, No 1 (2019)
Publisher : Universitas 17 Agustus 1945 Samarinda

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ABSTRACTThis scientific paper is the result of research as a final project in completing studies at the Faculty of Law of the University of August 17, 1945, Samarinda. normative juridical research, meaning that the research is conducted from materials, sources and legal doctrine with the formulation of the problem: 1) How the application of the principle of presumption of innocence in arresting operations by the Criminal Eradication Commission in the perspective of Law No. 8 of 1981 concerning the Law Code of Law Criminal Procedure (KUHAP)?, 2) What is the legal effect on the application of the presumption of innocence in an arrest operation by the Corruption Eradication Commission when it is not in accordance with Law Number 8 of 1981 concerning the Criminal Procedure Code (KUHAP) ?.The last few years Operation Arrest (OTT) by the Corruption Eradication Commission (KPK) has become the public spotlight of the Indonesian people and even the world, because the OTT conducted by the KPK does not look indiscriminately, from high-ranking officials to Regents and Mayors including Legislative Members and Law Enforcement Members Law, both Judges, Prosecutors, Court Clerks, and Advocates even high-ranking Police officers. On the other hand, the public gave an appreciation of the performance of the KPK on the other hand many questioned the performance of the KPK including OTT. These pros and cons inspire the author to conduct research on OTT by the KPK on the application of the presumption of innocence in the perspective of the Criminal Procedure Code.OTT by the KPK is not without legal basis, the KPK conducts OTT based on its duties and functions as regulated in Act Number 19 of 2019 concerning the Corruption Eradication Commission, and based on Article 1 number 19 and 18 paragraph (2) of the Criminal Procedure Code. Application of the principle of presumption of innocence can be applied within the framework of the actions of investigators, investigators, public prosecutors, ranging from appearances, detention, prosecution to court decisions that have legal force (Kracht van gewijisde), the principle of presumption of innocence is a manifestation of guarantees and legal protection individually by the State. Therefore, if there are law enforcers including the Corruption Eradication Commission (KPK) carrying out their duties and functions in violation of the presumption of innocence, that is, arbitrary arrests can be considered unlawful so that they can be pre-judged and considered as committing human rights violations.Keywords: Principles of Presumption of Innocence, Operation Arrest, Corruption Eradication Commission, Criminal Procedure Code

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. Howiver, there are still disadvantaged citizens because the value of compensation is not sufficient for economic needs, as well as unpaid compensation.

TINJAUAN TERHADAP TINDAK PIDANA PERAMPASAN BERDASARKAN PASAL 368 KUHP DI WILAYAH HUKUM KEPOLISIAN RESOR KOTA SAMARINDA Ageng Prabowo
Journal of Law ( Jurnal Ilmu Hukum ) Vol 6, No 1 (2019)
Publisher : Universitas 17 Agustus 1945 Samarinda

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ABSTRACTCrime of seizure is one of the most troubling social problems both with violence and with threats, so it needs to be prevented and known that the legal process applied in the crime of violence with the threat of violence and can cause a flaring effect and the number of cases of Deprivation can be reduced in society.The problems examined in this study are related to how the application of the material criminal law against criminal acts of deprivation according to article 368 of the Criminal Code, as well as the element of the material crime against article 368 of the Criminal Code can be fulfilled by the perpetrators. The purpose of this study is to know in-depth the reasons for the need for the application of material criminal law against criminal offenses according to article 368 of the Criminal Code and to find out whether the material criminal elements contained in Article 368 of the Criminal Code can be fulfilled by the perpetrators.Based on the results of the study, it was concluded that the application of criminal law against offenses deprivation and threats of violence against others, namely regulating theft, accompanied by violence/threats of violence carried out jointly, can be applied with article 368. That criminal acts as stipulated in Article 368 paragraph The Criminal Code concerning Deprivation with Threats must be proven by the actual surrender of part of the property or all of the property of another person to the contrary to his own will, due to violence or threats of violence. So that if these things can be met, the element of material crime in Article 368 of the Criminal Code can be fulfilled. Keywords: threatening, extortion. Robbery.

PENUNJUKAN PENASEHAT HUKUM TERHADAP ANAK DI BAWAH UMUR OLEH PENYIDIK DALAM PROSES PENYIDIKAN DI KEPOLISIAN SEKTOR SAMARINDA KOTA Eka Ramadhani Anantha
Journal of Law ( Jurnal Ilmu Hukum ) Vol 6, No 1 (2019)
Publisher : Universitas 17 Agustus 1945 Samarinda

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AbstractIndonesia is a nation of laws and manages underage’s law as well. It written on Republic Indonesia Act No 11, 2012 about Underage Judicature System, it talks about the principles of protection, justice, non-discrimination, prime need, recognition of children opinion, life continuance, child growth, child mentoring, proposionality, deprivation of independency, being convicted as the last efort, and reprisal avoidance .This research showed in Samarinda City Police Department, legal counsel appointee by investigator toward underage investigation process in Samarinda Police Department is underage children (juvenile) who are dealing with legal issues have rights to receive legal assistance as to be accompanied by legal counsel according to Child Protection Act No 23 Section 17 article 2, 2002.This research also got the legal assistance pattern of underage who is dealing with legal issues in criminal laws. The underage is going to get investigation by the investigator. On dealing with juvenile deliquency, The police who has the duty as the juvenile investigator in Women and Child Protection Unit in Samarinda Police Department will receive a decree by the Samarinda Police Chief. The juvenile investigator must have interest, concern, dedication, and know the most problem a children might face by give them mentoring, child growth knowledge, ordinances and society value knowledge. Keywords: Underage, Investigator, Investigation

PERLINDUNGAN HUKUM BAGI ANAK YANG LAHIR DARI PERKAWINAN SEDARAH (INCEST) Mega Suryaningati
Journal of Law ( Jurnal Ilmu Hukum ) Vol 6, No 1 (2019)
Publisher : Universitas 17 Agustus 1945 Samarinda

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ABSTRACTSocially incest marriage is often found in the community, this is evidenced by the many reports in the media such as electronics, print media, and online articles. Based on the above reality, it is fitting to have a deeper discussion in analyzing the position of children resulting from incest marriages in the Indonesian Civil Law and Marriage Law to determine the extent of the status of the child and the inheritance problem of a child born because of incest marriages before the law in force in this country.This type of research used in this study is a type of normative legal research, which is a legal research method that uses a statutory approachThe results showed that the granting of protection to children in civil law regulates the rights of their citizens. Children are like adults as members of society, children also get rights. However, children cannot protect their rights like adults, therefore adult assistance is needed to take care of their rights. Therefore child protection is very important. Status or Position of Children of Incest according to the Indonesian Criminal Code, Marriage Law and Compilation of Islamic Law are as follows: According to Indonesian marriage law, namely Marriage Law, Islamic Law Compilation or KUHPdt, the status or position of children has divided into two namely legal children and illegitimate children Discordant children are children of fathers and mothers who cannot be married because of the close family ties between father and mother. Such children, by article 867 K UH Civil, have no right at all to inheritance from their parents and as much as possible only get enough income to live (het nodige / evensonderhoud). the article was reinforced by article 283 of the Civil Code which prohibits the recognition of such children Keywords: Legal protection, Marriage, Incest

KAJIAN HUKUM PEMEGANG IZIN USAHA PEMANFAATAN HASIL HUTAN KAYU HUTAN ALAM (IUPHHK-HA) TERHADAP PENERAPAN KEBIJAKAN KEMENTRIAN LINGKUNGAN HIDUP KEHUTANAN NO.P.30/MENLHK/SETJEN/PHPL.3/3/2016 TENTANG PENILAIAN KINERJA PENGELOLAAN HUTAN PRODUKSI LESTARI DAN VERIFIKASI LEGALITAS KAYU PADA PEMEGANG IZIN, HAK PENGELOLAAN ATAU PADA HUTAN HAK Ilham Hadiansyah
Journal of Law ( Jurnal Ilmu Hukum ) Vol 6, No 1 (2019)
Publisher : Universitas 17 Agustus 1945 Samarinda

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ABSTRACT Sustainable Production Forest Management is an activity in the management of forests with the principle of protecting the forest to remain continue to be sustainable. So that forests in the future will still exist with good and sustainable management in accordance with the Regulation of the Minister of Environment and Forestry with compliance with the regulations contained therein. The method used in this study uses normative juridical research methods. Based on research results, Sustainable Production Forest Management arises from the existence of illegal logging and Forests as the world's lungs, with the Minister of Environment and Forestry Regulation No. P.30 / MenLHK / Setjen / 3/3/2016 concerning Performance Assessment of Sustainable Production Forest Management and Timber Legality Verification on Permit Holders, Management Rights or on Private Forests. In order to the forests in Indonesia in particular are always preserved. Keywords: Obligations of Permit Holders to Implement SustainableProduction Forest Management.

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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