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Kota samarinda,
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INDONESIA
DEDIKASI JURNAL MAHASISWA
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Articles 56 Documents
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PENCABUTAN PENGADUAN OLEH ISTRI ATAS KEKERASAN DALAM RUMAH TANGGA YANG DILAKUKAN OLEH SUAMI Siti Nurhasanah
Journal of Law ( Jurnal Ilmu Hukum ) Vol 7, No 1 (2020)
Publisher : Universitas 17 Agustus 1945 Samarinda

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ABSTRACT Violence in the household is any action against someone, especially women, which results in physical, sexual, psychological, and/or neglect of the household, including threats to commit acts, coercion, or illegal deprivation of liberty within the scope of the household. The birth of Law Number 23 of 2004 concerning the Elimination of Domestic Violence (PKDRT Law) is expected to be able to provide penalties for perpetrators of domestic violence.Some of the factors that cause someone to commit acts of violence in the household are 1. Economic factors 2. Behavior. 3. Jealousy, 4. Third parties, 5. Factor communication and so onGiven that there are still many cases of domestic violence that occur in Indonesia, especially in the city of Samarinda. In addition, it is also important to socialize the rights of victims, including the right to report, the right to receive protection.Keywords: Complaints, domestic violence (KDRT)
ANALISIS HUKUM PELAKSANAAN PERATURAN PEMERINTAH NOMOR 78 TAHUN 2010 TENTANG REKLAMASI DAN PASCATAMBANG TERHADAP KEWAJIBAN REKLAMASI LAHAN DI PT. MULTI HARAPAN UTAMA (MHU) KABUPATEN KUTAI KARTANEGARA Maylinda Nur Laila
Journal of Law ( Jurnal Ilmu Hukum ) Vol 7, No 1 (2020)
Publisher : Universitas 17 Agustus 1945 Samarinda

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AbstractIndonesia is a country that has a lot of Mining Company Permits, that in carrying out mining exploitation activities that should not be forgotten are reclamation and post-mining activities. Reclamation and post-mining activities are regulated in Indonesia, namely Government Regulation Number 78 Year 2010. Despite the post-mining regulations, until now the handling of ex-mining land still leaves many dug pits that cause environmental damage to cause casualties. That based on the matters as described above, the writer is interesting to conduct research on the reclamation implementation activities carried out by PT. Multi Harapan Utama (MHU), as one of the executors of coal mining activities in Kutai Kartanegara Regency, East Kalimantan Province. In this writing, the author uses empirical juridical methods with the data used include primary data obtained directly from the research location and secondary data obtained from legal materials owned by the author. Data collection is done by observation and interview techniques and analyzed in such a way as a descriptive analytical description. The author's research results can be concluded that PT. Multi Harapan Utama (MHU) has or is conducting post-mining land reclamation in accordance with applicable laws and regulations in order to achieve environmental standards even though there are some obstacles in the technical implementation of post-mining land reclamation work.
PENERAPAN PAJAK PROGRESIF TERHADAP PEMILIK KENDARAAN BERMOTOR DITINJAU BERDASARKAN UNDANG-UNDANG NOMOR 28 TAHUN 2009 TENTANG KETENTUAN TARIF PAJAK PROGRESIF Nurul Akbar
Journal of Law ( Jurnal Ilmu Hukum ) Vol 7, No 1 (2020)
Publisher : Universitas 17 Agustus 1945 Samarinda

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ABSTRACT             The tax is applied progressively on the ownership of private vehicles both two or more wheels or four or more wheels with the same name of the owner and/or residential address. Progressive taxes are imposed to provide the principle of fairness in tax imposition. Indirectly, the acquisition of this tax is used to improve transportation facilities and develop public transportation. In addition, this progressive policy is also aimed at curbing the growth rate of motor vehicle consumption. In carrying out regional autonomy, local governments have the right, authority, and obligation to take care of their own government or society specifically in implementing the Decentralization policy. The basis of the implementation of motor vehicle taxation is Law No. 28/2009 concerning regional taxes and regional user fees. To increase PAD (Regional Original Revenue), local governments must maximize their progressive tax collection policies for motor vehicle ownership.            So it can be concluded 1). The application and implementation of Progressive Tax in Bandung are guided by Regional Regulation No. 13 of 2011 concerning Regional Taxes, effective on January 1, 2012, which also regulates the taxation of vehicle ownership by taxpayers of more than 1 (one) unit. Implementation of progressive fee collection on 4 (four) wheeled and 2 (two) wheeled motorized vehicles applies the calculation, namely: to ownership. First 1.75%, Second 2.25%, Third 3.75%, Fourth 3.25%, Fifth 3.75% Ownership of motor vehicles for the determination of progressive motor vehicle tax based on the same name and/or address. 2). Factors affecting the implementation of progressive taxes on motor vehicle owners are reviewed based on Act Number 28 of 2009 concerning Progressive Tax Rates: a). Service Quality, b). Tax Paying Awareness, c). Knowledge of Taxation Regulations, d). Understanding of Taxation Regulations e). Perception of the Effectiveness of the Taxation System f). Quality of Service Against Taxpayers, g). Willingness to pay taxes.Keywords: Progressive Tax, Tax Rates, Motorized Vehicles
OPTIMALISASI PEMBINAAN NARAPIDANA SEBAGAI UPAYA PEMENUHAN HAK ASASI MANUSIA (HAM) DALAM PENCEGAHAN TERJADINYA RECIDIVE DI LEMBAGA PEMASYARAKATAN KELAS IIA TENGGARONG Angga Cipto Biantoro
Journal of Law ( Jurnal Ilmu Hukum ) Vol 7, No 1 (2020)
Publisher : Universitas 17 Agustus 1945 Samarinda

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ABSTRACT This study is entitled "LEGAL ASPECTS ON THE TRANSACTION OF NARCOTIC TRADING IN THE BORDER REGION BETWEEN THE REPUBLIC OF INDONESIA - MALAYSIA", under the guidance that I respect Mrs. Kunti Widayati, S.H., M.Hum as a Supervisor 1 and Mr. Sukindar, S.H., M.H as the Supervisor II.This research is entitled "Optimizing the Development of Prisoners as an Effort to Fulfill Human Rights (Ham) in Preventing the Occurrence of Recidives in the Class Iia Tenggarong Correctional Institution".The purpose to be achieved in this study is to determine the form of implementation in the development of prisoners as an effort to prevent recidivism crimes in accordance with the human rights provisions that apply in Tenggarong class IIA prisons and the obstacles faced in the implementation of coaching in class IIA Tenggarong prisons.This research was conducted at Class IIA Tenggarong Prison. The approach method used in the preparation of this thesis is an empirical juridical approach. The data collection technique is done by interview, observation, questionnaire, and documentation. Furthermore, the data obtained from the results of research in the field were analyzed using quantitative analysis studies.Based on the results of the study, the authors conclude that the factors that influence prisoners to commit repetition of crimes, namely: economic problems, social environment, lack of parental supervision, the role of information and technology developments that have a negative impact, lack of education and forms of guidance carried out by officers. Class IIA Tenggarong Prison in preventing the occurrence of a repeat offense. Class IIA Tenggarong Prison officers also provide training and skills training programs such as making handicrafts using used materials such as making ashtrays, cabinets, mirrors, newspaper photo frames, sewing guidance, fish farming guidance, motorbike repair guidance, iron fence making guidance. for inmates as a provision for working capital after serving his sentence.The implication of this research is that it is hoped that the guidance given to inmates is more optimal, it is necessary to collaborate with the community and it is expected to provide special guidance to recidivist prisoners. In order for coaching to run well, the human resources of correctional officers need to be added and improved so that they are sufficiently equipped to carry out their duties. Keywords: Development of Prisoners, Recidive, Correctional Institutions
TINDAKAN KEKERASAN OLEH MASSA TERHADAP ORANG YANG TERTANGKAP TANGAN SAAT MELAKUKAN TINDAK PIDANA Siska Pratini
Journal of Law ( Jurnal Ilmu Hukum ) Vol 7, No 1 (2020)
Publisher : Universitas 17 Agustus 1945 Samarinda

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AbstractCriminal Acts of Eigenrichting is the term for actions to punish a party without going through a process that is in accordance with the law, this occurs because of the factors that cause lack of legal attention in the community. Law enforcement of the main legal actions of Eigenrichting must be approved, straightforward, and in accordance with the fairness of the value of truth and not in accordance with interests. This is very important in realizing order, legal certainty and peace in society. Based on this background, the discussion in this study is what factors lead to the judge's own actions against expenditures when committing a crime and how to account for lawyers who commit acts of the judge themselves. The method used in this study uses normative research methods. The data used are primary data obtained by interview and secondary data obtained through literature study. While processing data obtained by organizing, editing, classifying and collecting data, and gathering conclusions. The results of the data processing are interpreted descriptively qualitatively by describing quality data in the form of sentences that are resolved, logical and effective so as to facilitate the interpretation and understanding of the results of the analysis in order to answer existing problems. The provisions of Article 170 of the Criminal Code in providing penalties for applications that have been applied to existing problems and applicable law.Keywords: Hand Arrest, Crime
TINJAUAN YURIDIS TANGGUNG JAWAB PERUSAHAAN PELAYARAN SEBAGAI PENGANGKUT ANGKUTAN LAUT BATUBARA MENURUT UNDANG UNDANG REPUBLIK INDONESIA NOMOR 17 TAHUN 2008 TENTANG PELAYARAN DI PELABUHAN SAMARINDA Andrea Hasiholan
Journal of Law ( Jurnal Ilmu Hukum ) Vol 7, No 1 (2020)
Publisher : Universitas 17 Agustus 1945 Samarinda

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AbstractThe maritime sector is a very strategic field for Indonesia which is the largest archipelagic country in the world. As a developing country, Indonesia often makes buying and selling transactions, both in terms of goods entering or shipping goods. Transportation of goods by sea is one way to carry out sale and purchase transactions for large quantities of goods. Transportation of the goods is carried out both for domestic and overseas shipping. The transportation of goods by sea is included in the voyage regulated in Act Number 17 of 2008 concerning Shipping. In transporting goods by sea it is necessary to make an agreement between the sender and the carrier. A transportation agreement is a reciprocal agreement between the carrier and the sender, in which the carrier ties himself to carry out the transportation of goods and/or people from a certain place to a certain destination safely, while the sender commits himself to pay the transportation fee. The transportation agreement involves the sender or owner of the goods. This transportation agreement creates different rights, obligations, and responsibilities for each party. These rights, obligations, and responsibilities must be fulfilled as much as possible by each party. When negligence or default occurs that results in a loss, the injured party has the right to claim compensation. There are several ways to resolve compensation disputes in the transportation of goods by sea. The Indonesian government is expected to draft national legislation relating to Indonesian sea transportation. Because so far Indonesia has still used regulations adopted from the Netherlands which have also been long established.Keywords: Shipping, Sea Transportation. Coal.
PENANGANAN KELOMPOK RADIKALISME DI WILAYAH KECAMATAN TENGGARONG KABUPATEN KUTAI KARTANEGARA Putu Ary Suta Wijaya
Journal of Law ( Jurnal Ilmu Hukum ) Vol 7, No 1 (2020)
Publisher : Universitas 17 Agustus 1945 Samarinda

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AbstractRadicalism is the effort of certain groups, who want a rapid change in society. The group considers the government's legitimate actions to be wrong and only causes suffering for the people so that changes must be made thoroughly even though using violent means. This happened in all parts of Indonesia, one of which was in the Tenggarong Subdistrict of Kutai Kartanegara District. The action was very disturbing for the community. The police at the forefront of law enforcement is expected to be able to handle this act of radicalism. The handling of radical groups in the Tenggarong Subdistrict of Kutai Kartanegara District by the Kutai Kartanegara District Police, by undertaking a cross-sectoral approach strategy in the context of efforts to prevent radicalism and intolerance, namely : (a) Galang and deradicaliation, (b) integrated coordination between Polri, TNI, and Regional Government, (c) monitoring Lapas, (d) monitoring ex-prisoners, (e) em-powering Palmas. The obstacles in handling radical groups in the Tenggarong Subdistrict of Kutai Kartanegara District by the Kutai Kartanegara Police Station and their remedies, namely the community’s indifference to law enforcement so that they do not have effective deterrence to prevent law enforcement that is not in line with a sense of justice that lives within the heart Public. Counteracting radicalism requires synergy between the National Police and the community in efforts to prevent pro-radical and intolerant radicalism carried out by the Kutai Kartanegara District Police by focusing on the function of Bhabinkamtibmas. Keywords : Law Enforcement, Police, Radicalism
TANGGUNG JAWAB PELAKU USAHA TERHADAP KONSUMEN MAKANAN INSTAN KADALUWARSA DI PASAR TRADISIONAL KOTA SAMARINDA Lady Chintya Ramadhani
Journal of Law ( Jurnal Ilmu Hukum ) Vol 7, No 1 (2020)
Publisher : Universitas 17 Agustus 1945 Samarinda

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ABSTRACTMany business people are competing to issue instant food products in the community because instant food is one of the fast and simple food products that can be practically consumed by the public. This makes business people forget to present the best quality to consumers. Business actors only fulfill the number of goods produced not with good quality.This study is empirical normative law research that is a form of research based on or sourced from literature such as books, documents, legislation, and scientific works related to the title and main problems in this writing. The research procedures used are Library Studies, Field Studies, and Data Processing. Then analyzed qualitatively. From the results of the research that has been conducted and analyzed, the Acting Responsibilities of Business Expenditures for Instant Food Products Circulating in the Traditional Market of Samarinda City Based on Act Number 8 of 1999 concerning Consumer Protection, namely business actors are obliged / responsible to guarantee the quality of goods produced / traded (providing information clear / correct conditions and guarantees of goods), Rights of Expired Instant Food Consumers Circulating in Traditional Markets in a Safeguard to compensate for losses not only caused by unlawful acts, but may be caused by negligence or negligence and carried out by himself or people who are under his supervision, and Law Enforcement and the Role and Responsibility of the Food and Drug Supervisory Agency (BPOM) on Expired Instant Food Products in Kota Samarinda Food Drug Monitoring System (SisP OM) which is effective and efficient that is able to detect, prevent and supervise Products including to protect the safety, safety and health of consumers.  Keywords: Products, Food and Expiration
TINJAUAN HUKUM AKTA PENGANGKATAN ANAK BERDASARKAN DINAS KEPENDUDUKAN DAN CATATAN SIPIL KOTA SAMARINDA Rima Devina
Journal of Law ( Jurnal Ilmu Hukum ) Vol 7, No 1 (2020)
Publisher : Universitas 17 Agustus 1945 Samarinda

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ABSTRACT Pregnant women are married to a woman who is pregnant out of wedlock, whether married to a man who impregnates her or by a man who does not impregnate her. Therefore, the problem of marrying a pregnant woman requires careful and prudent attention, especially by a marriage registrar employee. This is meant by the existence of a social phenomenon regarding the lack of awareness of the Muslim community towards the moral, religious and ethical principles of the occurrence of a man who does not impregnate him but he marries him.In Law No. 1 of 1974 no one regulates guardianship of children due to the marriage of pregnant women. Therefore the provisions of guardianship according to Law No. 1 In 1974 while the child was born in a marriage that was deemed valid by the state, his guardianship was with the two legitimate parents. Because in Law No. 1 of 1974 does not regulate the distribution of inheritance rights, but if the child is considered legal according to Law No. 1 Year 1974 automatically the child gets inheritance from the lineage of his father and mother.
TINJAUAN TERHADAP RATIO DECIDENDI HAKIM PENGADILAN HUBUNGAN INDUSTRIAL PADA PENGADILAN NEGERI SAMARINDA DALAM PERKARA PEMUTUSAN HUBUNGAN KERJA BURUH PT.SIMS JAYA KALTIM DI KABUPATEN PASER Neneng Herawati
Journal of Law ( Jurnal Ilmu Hukum ) Vol 7, No 1 (2020)
Publisher : Universitas 17 Agustus 1945 Samarinda

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ABSTRACT       Termination of Employment is a type of industrial relations dispute regulated in Act Number 13 of 2003 and Act Number 2 of 2004. Termination of Employment occurs when there are violations committed by workers in the Labor Law, Collective Labor Agreement, and Regulations Company. Or conversely there is also termination of employment done by companies against their workers. Termination of employment in this case was filed by the company on the grounds of inviting or influencing others to strike. . In the trial both based on the evidence and witnesses the reasons for the lawsuit were not proven, but even though based on the evidence and witnesses were not proven, the Panel of Judges granted the Plaintiff's claim by stating that the employment relationship between the Plaintiff and Defendant was terminated on the grounds that the employment relationship was not harmonious.This type of research used in this paper the author uses normative juridical research methods, namely "legal research conducted by examining library material or secondary data as a basic material to be investigated by conducting a search of the regulations and literature relating to the problem under study ".       After the author conducted the research there are the following results: that the judge in deciding this case was not based on the principle of evidence contained in the trial but the panel of judges decided the case based on legal considerations based on considerations between the plaintiff and the defendant not in harmony even though the reason for termination of employment based on employment relations that are not harmonious, not regulated in Law Number 13 of 2003, concerning employment or in Act Number 2 of 2004, settlement of industrial relations disputesKeywords: Decidendi Ratio, Industrial Relations, Labor.