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TANGGUNG JAWAB PEJABAT PEMBUAT AKTA TANAH (PPAT) TERHADAP PEMALSUAN IDENTITAS DALAM PEMBUATAN AKTA JUAL BELI Raja Aulia Ayatullah
Journal of Law ( Jurnal Ilmu Hukum ) Vol 7, No 2 (2021)
Publisher : Universitas 17 Agustus 1945 Samarinda

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ABSTRACT By carrying out a sale and purchase before the PPAT, the conditions are bright (not a dark legal act, which is carried out clandestinely)."In order to make a deed of sale and purchase of land, the party transferring the right must meet the requirements, namely the authority to transfer the right, while the party receiving it must meet the requirements of the subject of the land to be purchased, and must be witnessed by at least two witnesses of this research. using normative research methods, with the results of research and discussion, namely PPAT's responsibility for the sale and purchase deed he made that was not in accordance with the PPAT deed making procedure or was proven to have committed a violation in carrying out his duties and positions so that the deed he made contained legal defects based on irregularities the formal requirements and material requirements of the procedure for making the PPAT deed, the PPAT may be subject to or imposed sanctions, namely administrative and criminal.Keywords: PPAT, Identity Forgery, Sanctions

TINJAUAN YURIDIS TERHADAP TINDAKAN PENGANCAMAN MELALUI MEDIA ELEKTRONIK BERUPA PESAN SINGKAT Adam Gusti
Journal of Law ( Jurnal Ilmu Hukum ) Vol 7, No 2 (2021)
Publisher : Universitas 17 Agustus 1945 Samarinda

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ABSTRACTThreatening is someone's intention to do something that has the goal of harming others. The inadequate readiness of human resources in the use of information technology, both in terms of intelligence and mental readiness, has made the sophistication of this information technology a tool that is prone to be used as a medium for committing crimes or more influencing the birth of new forms of legal action. Threats through electronic media are in principle the same as conventional threats, which only distinguish the means, namely through the internet, so that personal videos and photos are included in electronic information and/or electronic documents sent via short messages which are currently electronic media crimes. Regarding threats through electronic media in the form of short messages, the problems in this study are what are the elements of the offense in the act of threatening through electronic media in the form of short messages as regulated in Law No. 19 of 2016 and Imposing legal sanctions for perpetrators of criminal acts who threaten through electronic media in the form of a short message based on a court decision (Number 159 / Pid.Sus / 2018 / PN Lmg). This research method uses Normative Juridical. The juridical normative research method is an approach based on legal materials by examining theories, concepts, legal principles, and laws and regulations referring to the existing norms in society with the addition of various juridical elements.The conclusion obtained is that the elements of the offense of threatening through electronic media in the form of a short message, namely everyone, intentionally and without rights, distributes and/or makes accessible, information and/or electronic documents, which contain extortion and/or threats, and charges of extortion and/or threats. sanctions, namely 7 (seven) months imprisonment and a fine of Rp. 100,000,000 (one hundred million rupiahs)

TINJAUAN YURIDIS TERHADAP BENDA BERGERAK YANG DIJAMINKAN PADA BANK MANDIRI DI KOTA SAMARINDA TANPA MELALUI PROSES PENDAFTARAN FIDUSIA Nada Yulianti
Journal of Law ( Jurnal Ilmu Hukum ) Vol 7, No 2 (2021)
Publisher : Universitas 17 Agustus 1945 Samarinda

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ABSTRACT Confidence to the bank that loans given to customers can be accepted again in accordance with the terms agreed upon together and that also to minimize the risks contained and always possible to arise in every loan release. Fiduciary guarantees have long been used in Indonesia. Legal protection for creditors in credit agreements with fiduciary guarantees is very necessary, considering that objects that are the object of fiduciary collateral are on the debtor so that if the debtor defaults on credit agreements with fiduciary collateral, the creditor's interests can be guaranteed with these legal protections. Legal protection for these creditors is regulated in general, namely: regulated in the Civil Code Article 1131 and 1132 and Law No.42 of 1999 concerning Fiduciary Guarantees basically states that objects burdened with fiduciary guarantees must be registered and then made a fiduciary guarantee certificate. The creditor has the right to carry out as stated in the fiduciary guarantee certificate if the debtor defaults. The results show that in practice fraud often occurs when registering fiduciary guarantees by irresponsible individuals or financial institutions themselves. From the results of this study, it can be concluded that in entering into a credit agreement with fiduciary collateral if the object guaranteed in the bank turns out not to go through the fiduciary registration process, the creditor does not have an executorial right as a result of not registering the fiduciary guarantee agreement and there must be a decision from the District Court. If the execution continues before the court ruling, the execution is said to be illegal.Keywords: Object, Banks, Fiduciary guarantee

PELAKSANAAN PERATURAN MENTERI HUKUM DAN HAK AZASI MANUSIA REPUBLIK INDONESIA NOMOR 17 TAHUN 2018 TENTANG PENDAFTARAN PERSEKUTUAN KOMANDITER, PERSEKUTUAN FIRMA, DAN PERSEKUTUAN PERDATA DI LEMBAGA KEUANGAN Erlistya Faranti
Journal of Law ( Jurnal Ilmu Hukum ) Vol 7, No 2 (2021)
Publisher : Universitas 17 Agustus 1945 Samarinda

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ABSTRACT Registration of limited partnership, firm association, and civil partnership is regulated in the Commercial Code Article 23 which states that "Firm Persero is required to register the deed in the register provided for that at the clerk of raad van justitie (District Court)". and Civil Associations. This regulation uses the Lex Posterior Derogat Legi Priori Principle where the new Law (Lex Posterior) overrides the old Law (Legi Priori).This type of research is used in this research is juridical normative, which is research that examines the study of documents that use various primary legal materials such as regulations.Registration of Non-Legal Entity Business Entities based on the Regulation of the Minister of Law and Human Rights Number 17 of 2018 is carried out online through the Business Entity Administration System in General Law Administration. The impact on financial institutions to check the licensing of Business Entities through the validation Sheet from The Ministry of Law and Human Rights .Regulation of the Minister of Law and Human Rights Number 17 of 2018 Registration of Non-Legal Entities uses the services of a notary to carry out their registration. The impact on financial institutions is that financial institutions will find it easier to check permits related to business entities that have been given financing by banks and the distribution of funds will be easier because they have been registered with the Ministry of Law and Human Rights. Keywords : Implementation Regulation of the Minister of Law and Human Rights Number 17 of 2018.

PENGGUNAAN BARANG BUKTI ELEKTRONIK YANG DIJADIKAN ALAT BUKTI DALAM PERKARA PIDANA Muhammad Helmawansyah
Journal of Law ( Jurnal Ilmu Hukum ) Vol 7, No 2 (2021)
Publisher : Universitas 17 Agustus 1945 Samarinda

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ABSTRACT This study discusses electronic evidence in criminal evidence in positive Indonesian law. In Criminal Procedure Article 184 paragraph (1) it is stated that there are 5 valid pieces of evidence, namely Witness Information, Expert Statement, Letters, Instructions, and Defendant Information. It is on this basis that judges can issue case decisions, but as the times and technology become more sophisticated, electronic evidence becomes the judge's consideration in issuing decisions. The purpose of this study is to analyze the position and strength of electronic evidence in Indonesian Positive Law and identify the characteristics and analysis used so that the evidence as electronic evidence can be used in court proceedings. The method used in this study is a normative juridical approach. The results of this study indicate that electronic evidence is valid evidence that can be used in trials. This is because the evidence in article 184 paragraph (1) of the Criminal Procedure Code has expanded its meaning. However, electronic evidence is still not strong and can not stand alone required experts to analyze the authenticity of the electronic evidence. Keywords: Proof, Criminal Law, Electronic Evidence

PEMALSUAN IDENTITAS DALAM PERNIKAHAN KEDUA DILAKUKAN OLEH ANGGOTA DPRD PROVINSI KALIMANTAN TIMUR Fitri Yuliani
Journal of Law ( Jurnal Ilmu Hukum ) Vol 7, No 2 (2021)
Publisher : Universitas 17 Agustus 1945 Samarinda

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ABSTRACT This study aims to determine the application of identity falsification sanctions in the second marriage carried out by members of the East Kalimantan Province Dprd. The problem raised in this paper is to determine the application of identity forgery sanctions in the second marriage carried out by members of the Dprd. This research uses empirical research. The research data is in the form of primary data obtained from direct research in the field consisting of primary, secondary and tertiary legal materials. The results of this study indicate that the identity falsification after investigating the perpetrator is still married but faking his identity is a widower or a divorcee. Therefore, the perpetrator is charged under Law Number 24 of 2013 concerning Population Administration in Article 94 Any person who orders and / or facilitates and / or manipulates Population Data and / or Population data elements as referred to in Article 77 shall be sentenced to imprisonment. a maximum of 6 (six) years and / or a fine of not more than IDR 75,000,000.00 (seventy five million rupiah). The verdict handed down by the Court against the Defendant was fair because in this case the Defendant admitted that the act he had committed violated the law, namely falsification of identity and before making this decision the court had also considered things that were burdensome and mitigating.Keywords: Identity Falsification, DPRD Members

PERLINDUNGAN HUKUM TERHADAP DATA PRIBADI PENGGUNA APLIKASI ZOOM DARI KEJAHATAN CYBER CRIME Dita Ramadhania
Journal of Law ( Jurnal Ilmu Hukum ) Vol 7, No 2 (2021)
Publisher : Universitas 17 Agustus 1945 Samarinda

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ABSTRACT On this day, technological advances can no longer be stopped. The development of electronic information and communication systems technology becomes a new style of communication. Electronic information and communication systems play a role as a behavior changer in Indonesian society. One of the media social that is currently popular is Zoom. Within a few months, various news and cases have emerged that reveal the weakness of this application. In general, this research aims to find out Zoom Video Communications, Inc.'s responsibility as the organizer of the Zoom application in protecting the personal data of its users from cybercrime and protecting the personal data of users of the Zoom application from cybercrime in accordance with the applicable law in Indonesia. The type of research used in this research is normative legal research or doctrinal. The results showed that the responsibility and legal protection that given by Zoom Video Communications, Inc. is good enough, though there are still some flaws that need to be fixed.Keyword: Zoom Video Communications, Inc, Zoom Application, Cyber Crime, Privacy, Personal Data

PELAKSANAAN PERLINDUNGAN HUKUM TERHADAP ANAK DIBAWAH UMUR YANG BEKERJA SEBAGAI PENJUAL KORAN DI KOTA SAMARINDA DITINJAU DARI UNDANG-UNDANG NOMOR 35 TAHUN 2014 TENTANG PERUBAHAN ATAS UNDANG-UNDANG N0M0R 23 TAHUN 2002 TENTANG PERLINDUNGAN ANAK Yuni Yuni
Journal of Law ( Jurnal Ilmu Hukum ) Vol 7, No 2 (2021)
Publisher : Universitas 17 Agustus 1945 Samarinda

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ABSTRACTThe phenomenon of underage labor that occurs in the city of Samarinda today, such as being a very ordinary sight. Increasing the number of child laborers in samarinda city, is a problem that is quite precarious to immediately pursue a solution both by the Government and related parties.The method used in this writing is empirical juridical research method, which is a method of legal research that uses the rules in legislation and seeks data or information directly in the form of interviews with sources.The results stated that there are a variety of factors that cause minors to work as newspaper sellers in Samarinda city umunya family factors, then economic factors, as well as factors of mental damage of children. Many efforts have been made by the Government of Samarinda City Social Service which aims to reduce child labor by means of street control, coaching and socialization to child workers.The implementation of legal protection and constraints on minors who work as newspaper sellers in Samarinda City is in this case the Social Service of Samarinda City has made every effort to reduce the number of minor workers who work as newspaper sellers but until now have not received maximum results. This is with indicators of the number of minors in various places in the corner of Samarinda city need evaluation in handling and rare more intensive in order to get maximum results Keywords: Child Labor, Child Protection, Child Protection

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 7, No 2 (2021)
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 YURIDIS TERHADAP TANGGUNG JAWAB PEMILIK MOBIL PRIBADI YANG DIGUNAKAN SEBAGAI ANGKUTAN UMUM MENURUT PERATURAN UNDANG-UNDANG NOMOR 22 TAHUN 2009 TENTANG LALU LINTAS DAN ANGKUTAN JALAN Wenky Berlinto
Journal of Law ( Jurnal Ilmu Hukum ) Vol 7, No 2 (2021)
Publisher : Universitas 17 Agustus 1945 Samarinda

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AbstractTransportation is a means that many people need since ancient times in carrying out its activities, which are realized in the form of transportation. Transportation is divided into the transportation of people and/or goods intended for public or private use. This research was conducted to find out how the legal efforts of the Department of Transportation and related agencies in preventing Dark Taxi transportation and how Legal sanctions on private cars used as public transport in Law No. 22 of 2009 concerning Road Traffic and Transport. By using normative and empirical juridical research methods. Based on the results of the study, Legal Efforts from the Transportation Department want relevant agencies in preventing Dark Taxi transportation to be considered not optimal in eradicating illegal taxis, due to weak supervision and the number of members in charge of monitoring is still minimal so that drivers and owners of illegal taxi vehicles are freer to carry out their actions without close supervision from the Transportation Department and the Police. Legal Sanctions on private cars used as public transportation in Law no. 22 of 2009 concerning Traffic and Road Transportation according to Article 304 is considered ineffective in its implementation because many violators have been arrested several times with this same case indicating that the Act does not deter the perpetrators in carrying out their actions as illegal taxi drivers.

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Home Page

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Reviewer

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Location Kota samarinda, Kalimantan timur INDONESIA

Abstract

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Contact Name
-

Contact Email
-

Phone
-

Journal Mail Official
-

Editorial Address
-

Location
Kota samarinda,

Kalimantan timur

INDONESIA