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TINDAK PIDANA PEDOFILIA DITINJAU DARI PERSFERKTIF PERLINDUNGAN ANAK DI KOTA SAMARINDA Kharisma Dwi Pertiwi Siwi
Journal of Law ( Jurnal Ilmu Hukum ) Vol 7, No 1 (2020)
Publisher : Universitas 17 Agustus 1945 Samarinda

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ABSTRACT Pedophilia is a sexual activity carried out by adults against minors, pedophilia perpetrators are currently experiencing an increase in violence against children, which also leads to the death of the victims. Not to mention other pedophile behaviors that were exposed to court, which made parents even more worried that the dangers of pedophilia were so easy to threaten the lives of each of their children.Legal sanctions against pedophiles are stipulated in Law Number 17 of 2016 concerning the second amendment to Child Protection, providing fresh air for the Indonesian people. This is because, in this law, it provides heavier and more sinister sanctions for perpetrators of sexual crimes in this law that guarantees that the perpetrators do not get a law that is too light in this law also talks about the protection of the form that can be provided to child victims of crime, including victims of pedophilia, among others: Counseling, Services, Medical Assistance, Legal Aid, Supervision, Prevention.Efforts to protect children need to be continuously strived for in order to maintain the welfare of children, considering that children are one of the valuable assets for national development in the future.Keywords: Pedophilia, Sanctions, Child Protection

PROBLEMATIKA PELAKSANAAN UNDANG-UNDANG NOMOR 13 TAHUN 2003 TENTANG KETENAGAKERJAAN TERHADAP PERJANJIAN KERJA WAKTU TERTENTU DI PT. GRAHA MANDALA SAKTI Edi Hartono
Journal of Law ( Jurnal Ilmu Hukum ) Vol 7, No 1 (2020)
Publisher : Universitas 17 Agustus 1945 Samarinda

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ABSTRACTEdi Hartono. "Problems in the Implementation of Law Number 13 Year 2003 concerning Employment Against Certain Time Work Agreements at PT. Graha Mandala Sakti "under the guidance of Ms. Isnawati, SH., M.H as I and Mr. Dr. H. Ismail, SH., M. Hum as II counselorWork agreement is one form of agreement to carry out work as referred to in Article 1601 of the Civil Code. In Article 50 of Law Number 13 of 2003 concerning Manpower, it is stated that labor relations occur because of the existence of work agreements between employers and workers / laborers. Specific Time Work Agreement (PKWT) is a work agreement that has a validity period determined or referred to as a contract employee.The purpose of this study is to find out how the implementation of a certain time work agreement (PKWT) at PT. Graha Mandala Sakti. The type of research used in this study is empirical research where this research is carried out by looking at and gathering all information related to the reality in the implementation of practice in the field.The results of this study are the application of a certain time work agreement (PKWT) in work relations at PT. Graha Mandala Sakti has not been effective in accordance with applicable regulations. The company has ignored the maximum deadline permitted by Law Number 13 of 2013 concerning Labor concerning the period of PKWT. The first factor is that most types and characteristics of the work needed are jobs that are included in the core work of the production process and are permanent and the second factor is the omission of the provisions of the PKWT in employment relations, which according to the authors are caused by very loose government oversight of the reality on the ground. Keywords: Implementation of PKWT

TANGGUNG JAWAB PENERIMA KUASA JUAL MENGACU PADA AKTA KUASA JUAL DIBUAT OLEH NOTARIS DALAM HAL PERALIHAN HAK ATAS TANAH Winda Lestari Hasan
Journal of Law ( Jurnal Ilmu Hukum ) Vol 7, No 1 (2020)
Publisher : Universitas 17 Agustus 1945 Samarinda

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ABSTRACTThe power to sell, is included in the category of power that is used to transfer the object that can only be done by the owner. Therefore, for the power of attorney to sell, a power of attorney is required in the presence of express words in the act. In practice, there are still found power recipients who do not directly complete the tasks given by the Authorizer. Even the power of attorney exercises the power of attorney within a period of time long after the power of attorney is signed by both parties. The problem raised in this paper is how the responsibility of a power of attorney in the transfer of land rights and what are the legal constraints of the power of attorney in the process of transferring land rights by using a sales authorizationThis type of research is normative juridical research, library research with the problem approach used in writing this thesis is the statute approach.The results showed that the responsibility of a power of attorney is to be based on the power of attorney that he has made and must immediately implement the power granted by the power of attorney and the constraint of the power of attorney in the process of transferring land rights by using a power of attorney ie selling a power of attorney not made notaryly but under the hand, incapable of accepting power of attorney, authorization of more than one person so that must require the agreement of all the power of attorney. Keywords: responsibility, power of attorney, land rights party

PROSES HUKUM TINDAK PIDANA KEKERASAN ANAK DALAM KELUARGA DI KOTA SAMARINDA BERDASARKAN UNDANG-UNDANG NOMOR 23 TAHUN 2004 TENTANG PENGHAPUSAN KEKERASAN DALAM RUMAH TANGGA Noor Yeni Setyawati
Journal of Law ( Jurnal Ilmu Hukum ) Vol 7, No 1 (2020)
Publisher : Universitas 17 Agustus 1945 Samarinda

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AbstractDomestic violence is a global phenomenon that occurs throughout the centuries of human life, and occurs in all countries. The forms of violence vary, both in the social, cultural, political, economic and educational fields, which are generally victims of women and children in a family environment. Article 44 of Law Number 23 of 2002 states that the government is obliged to provide facilities and carry out comprehensive health efforts for children, so that every child has the optimal health area from the womb.Children as part of the younger generation are the successors of the ideals of the nation's struggle as well as human capital for national development. Article 1 point 1 of law number 23 of 2002 states that child protection is all activities to guarantee and protect children and their rights so that they can live, grow, develop, and participate, optimally in accordance with human dignity, and be protected from violence and discrimination.Keywords: Legal Protection for Children, Victims of Domestic Violence

TINJAUAN YURIDIS TERHADAP PERAN DPRD KOTA SAMARINDA DALAM PENGAWASAN TERHADAP ANGGARAN PENDAPATAN BELANJA DAERAH BERDASARKAN UNDANG – UNDANG NO. 9 TAHUN 2015 TENTANG PEMERINTAHAN DAERAH RISKA NANDA PUSPITADEWI
Journal of Law ( Jurnal Ilmu Hukum ) Vol 7, No 1 (2020)
Publisher : Universitas 17 Agustus 1945 Samarinda

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ABSTRACT This study entitled "Juridical Review of the Role of Samarinda City DPRD in Supervision of Regional Expenditure Revenues Based on Law Number 9 of 2015 concerning Regional Government", under the guidance of whom I respect Mrs. Kunti Widayati, SH, M.Hum as Supervisor 1 and Mrs. Fatimah Asyari, SH, M.Hum as Supervisor II.The purpose of this research is to know clearly about the mechanism of implementation and supervision of the Samarinda City Regional Expenditure Budget and aims to find out the obstacles that arise in the implementation and supervision of the Samarinda City Regional Expenditure Budget and its settlement efforts.This research is a kind of empirical normative research. Research location in Samarinda City DPRD. The type of data used is primary data to obtain library materials and regulations relating to the thesis title. Data collection techniques used are done with a literature study. Data analysis used is qualitative analysis, where the collected data will be analyzed through three stages, namely reducing data, presenting data, and drawing conclusions.From the results of the study, it can be concluded that the mechanism for the implementation of supervision of the Regional Expenditure Budget is regulated in the Law of the Republic of Indonesia Number 9 of 2015 concerning the Regional Government. The implementation and supervision mechanism for the Samarinda City Regional Expenditure Budget includes Planning, Implementation (Management), Control (Audit of Regional Financial Reports), Administration, Accounting, Reporting, and Accountability.Keywords: The Role of DPRD of Samarinda City, Mechanism of Implementation and Supervision on Local Budget of Samarinda City Revenue

ASPEK HUKUM PERLINDUNGAN PELAKU TINDAK PIDANA PEMBUNUHAN DALAM HUKUM POSITIF DAN PERSPEKTIF KUHAP Muhammad Ubet Al Asad
Journal of Law ( Jurnal Ilmu Hukum ) Vol 7, No 1 (2020)
Publisher : Universitas 17 Agustus 1945 Samarinda

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ABSTRACTLegal protection can be interpreted as all the efforts of the government to ensure legal certainty to provide protection to its citizens so that their rights as citizens are not violated, and imposed sanctions for someone who violates these regulations in accordance with applicable regulations, and will have consequences especially in the law criminal .. Talking about legal protection is certainly very closely related to Human Rights (HAM). Legal protection is all efforts to fulfill rights and provide assistance to provide security for witnesses and/or victims, legal protection for victims of crime as part of community protection can be realized in various forms, such as through the provision of restitution, compensation, medical services, and legal assistance.How is the Protection of Murderers in Positive Law and Criminal Procedure Codehow the Protection of Murderers in Criminal Procedure Perspectives The type of research used in this study is normative legal research, which is a legal research method that uses a statutory approachThe regulation of human rights in Indonesia has gained a place in the constitution, namely in Chapter X.A, the 1945 Constitution of the Republic of Indonesia, starting from Article 28A to Article 28J. Rights accompanied by a Legal Counsel include conditions for human rights values, these rights are protected by law, especially Law Number 39 of 1999 concerning Human Rights, and Law Number 4 of 2004 concerning Judicial Power and the existence of rights accompanied by an Advisor The law has been universally recognized as part of human rights. Keywords: Legal Protection, Murderer, Criminal Procedure Code

TUNTUTAN GANTI RUGI ATAS TANAH YANG DIGUNAKAN UNTUK KEPENTINGAN UMUM DALAM MEMBANGUN WTP (WATER TREATMENT PLANT) DI PENGADILAN NEGERI TENGGARONG Siti Rohaeti
Journal of Law ( Jurnal Ilmu Hukum ) Vol 7, No 1 (2020)
Publisher : Universitas 17 Agustus 1945 Samarinda

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ABSTRACTThe process of land acquisition will never be separated by the existence of compensation issues. The deliberative mechanism which should be a means to find a middle ground in determining the amount of compensation often does not reach an agreement and hence for reasons of public interest, the government through the land acquisition committee can unilaterally determine the amount of compensation and then entrust it to the local district court. Land acquisition for the construction of WTP (Water Treatment Plant) is in the public interest.The problem examined in this study is how is the implementation process of the release of land rights for the construction of the WTP (Water Treatment Plant) and settlement of compensation for the land that has been carried out for the construction of the WTP (Water Treatment Plant). The method used in this study uses normative juridical research methods.The results of the study indicate that the legal arrangements regarding land acquisition for the public interest in the construction of the WTP (Water Treatment Plant) must be carried out by releasing land rights by providing compensation directly and through stages: determining the location, counseling, setting the boundaries, announcing the results, deliberation setting price, compensation, waiver. The government should provide compensation to the landowner in advance.Keywords: Compensation, Development, Public Interest.

PENANGGUHAN PENAHANAN TERHADAP TERDAKWA DALAM PROSES PEMERIKSAAN PERSIDANGAN DITINJAU BERDASARKAN ASAS PERSAMAAN KEDUDUKAN DALAM HUKUM Ari Saputra
Journal of Law ( Jurnal Ilmu Hukum ) Vol 7, No 1 (2020)
Publisher : Universitas 17 Agustus 1945 Samarinda

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ABSTRACTThe granting of suspension of detention in each level of the examination must remain based on the principle of quick, simple, and low-cost justice. Keeping all the risks that occur namely the escape of the suspect/defendant in the examination process is an effort so that the judicial process is fast (does not take a long time), simple (not convoluted), and low costs (the use of cost-effective case). Based on the due process model that requires fair and fair treatment by law enforcement agencies or institutions to all suspects/defendants, the partiality in the form of discriminatory treatment in the trial process of the suspect/defendant is a violation of the principle of equality before the law. which is an ideal desired by the community if it is violated, then the resulting legal product will lose its meaning. Guaranteed legal protection is implied in the principle of Equality Before The Law, which is not only a guarantee of getting the same treatment but also a guarantee that the law will not give privileges to other legal subjects. Because if this happens then it can violate the principles of Equality Before The Law and encourage the creation of discrimination before the law. The criminal justice system is based on the principles of being the guardian of the Indonesian criminal justice.Keywords: Suspension, Defendant, Law

PERLINDUNGAN KONSUMEN TERHADAP INFORMASI YANG TIDAK SESUAI DENGAN PROMOSI PERIKLANAN Anik Rahmayanti
Journal of Law ( Jurnal Ilmu Hukum ) Vol 7, No 1 (2020)
Publisher : Universitas 17 Agustus 1945 Samarinda

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AbstractAdvertising as a means of promoting products or offers from business actors to potential consumers. Ads are made as attractive as possible so that potential consumers are interested in buying and using them. However, sometimes advertisements are used by business actors to seek profit only, but in reality, the products being sold do not match the advertisements offered by business actors, causing losses to consumers. Information that is incompatible with advertising promotion is false, misleading, and dishonest information through advertisements, which is a violation of consumer rights. Business actors through advertisements promote goods and/or services with information that is excessive, and the information submitted is not in accordance with the condition and condition of the original product. Ads that contain false information, then the act meets the criteria of a crime called fraudulent misrepresentation. Prohibition of providing false information is regulated in Article 8 paragraph (1) letter f and Article 10 of Law Number 8 the Year 1999. Legal sanctions for business actors who provide information inconsistent with advertising promotions are in the form of imprisonment for a maximum of 5 (five) years or a maximum fine of IDR 2.000.000.000,00 (two billion rupiahs), which is regulated in Article 62 of Law Number 8 of 1999, and additional penalties as provided for in Article 63 of Law Number 8 of 1999 may also be imposed. Keywords: Advertising, Consumer Protection, Information, Promotion

GUGURNYA PERJANJIAN JUAL BELI AKIBAT KELALAIAN SALAH SATU PIHAK Soekarno Soekarno
Journal of Law ( Jurnal Ilmu Hukum ) Vol 7, No 1 (2020)
Publisher : Universitas 17 Agustus 1945 Samarinda

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ABSTRACTAgreement in general, the sale and purchase agreement is one source of the birth of an agreement between the parties that bind them as befits the binding capacity of the law (article 1338 paragraph 1 of the Civil Code). Therefore, all rights and obligations arising from the agreement must be fulfilled by both the seller and the buyer. It's just that sometimes in practice one of the parties in a sale and purchase agreement does not fulfill the achievement that has been promised so that according to the law he is deemed to have deviated from the agreement which will result in a risk that results in doubts from the other party. That is why the law stipulates various sanctions that can be imposed on parties who have defaulted. However, sometimes problems arise or difficulties in determining when actually one of the parties can be seen as the default. This difficulty will be felt if the agreement is not explicitly stipulated when the parties must fulfill the promised performance. Based on the aforementioned background, the writer is interested in expressing the cancellation of the sale agreement due to the negligence of one of the parties, then the writer formulates the problem as follows: 1). What are the conditions for the termination of the sale agreement due to the negligence of one of the parties? 2) What is the legal risk from the termination of the sale and purchase agreement due to negligence of one of the parties according to the Civil Code? It can be concluded as follows: 1). That the sale and purchase agreement has been deemed to have taken place and is binding on the parties from the moment the agreement was reached and hence the rights and obligations arising from them for agreements in this form constitute a consensual and obligatory agreement. That an agreement can be seen as binding, if it fulfills the legal requirements of an agreement, namely subjective and objective conditions, then the sale and purchase agreement is null and void, meaning that it is considered to never exist. 2). What if one of the parties does not fulfill or deviate from the agreement or the sale and purchase agreement that is entered into, then legally it is deemed to have been negligent or he is treason (default) then it will be subject to these sanctions. Whereas sometimes in practice a sale and purchase agreement cannot be fulfilled by the debtor due to an event of the wrongdoing of one party, this condition is known as risk, according to the provisions of article 1460 of the Civil Code. If a risk arises, the risk is borne by the buyer even though the seller has not yet surrendered the goods. Keywords: Agreement, Buy and Sell, Negligence

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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