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<![CDATA[PENGATURAN TENTANG LIMBAH CAIR BAHAN BERACUN DAN BERBAHAYA MENURUT UNDANG-UNDANG NO. 32 TAHUN 2009 TENTANG PERLINDUNGAN DAN PENGELOLAAN LINGKUNGAN HIDUP ]]>
<![CDATA[Bayu Saksono]]>
<![CDATA[ Journal of Law ( Jurnal Ilmu Hukum ) Vol 7, No 2 (2021) ]]>
Publisher : <![CDATA[Universitas 17 Agustus 1945 Samarinda ]]>
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<![CDATA[AbstractThe development of workshop business activities mostly occurs in big cities, including Samarinda City. The workshop's business activities have positive and negative impacts. The positive impact is that it contributes to Local Original Revenue (PAD), provides welfare, and also provides employment opportunities. Expected, activities that involve consideration, soil pollution, air pollution, air pollution, or health improvement. In addition, more serious environmental problems can be caused by hazardous waste and the results of translation (B3) consisting of used oil, hereinafter referred to as used lubricating oil as a result of the workshop business activities. The lubricating oil produced is inherent specifically in Article 12 paragraph (1) of Government Regulation No. 101 Concerning Management of Hazardous and Toxic Waste that reads: "Everyone who produces B3 Waste must carry out B3 Waste Storage". B3 is not in accordance with Government Regulation No. 101 About the Management of Hazardous and Toxic Waste Material will greatly protect the surrounding environment]]>
<![CDATA[PENDISTRIBUSIAN GAS ELPIJI 3 KG OLEH SPPBE PT.TITIAN KALTIM DI KOTA SAMARINDA BERDASARKAN PERATURAN PRESIDEN NOMOR 104 TAHUN 2007 TENTANG PENYEDIAAN, PENDISTRIBUSIAN DAN PENETAPAN HARGA LIQUEFIED PETROLEUM GAS TABUNG 3 KILOGRAM ]]>
<![CDATA[Ismail Ismail]]>
<![CDATA[ Journal of Law ( Jurnal Ilmu Hukum ) Vol 7, No 2 (2021) ]]>
Publisher : <![CDATA[Universitas 17 Agustus 1945 Samarinda ]]>
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<![CDATA[ABSTRAKPelaksanaan pendistribusian gas LPG 3 kg di Kota Samarinda berdasarkan Perpres 104 Tahun 2007, sudah gencar dilakukan mulai dari tahun 2007 hingga tahun 2010 dimana pedistribusian ini sangat memudahkan masyarakat. Masalah lain yang sering muncul dalam penggunaan kompor gas ialah masalah kriminal dan justru masalah ini yang banyak memakan korbannya. Modusnya itu ialah isi tabung gas 3 kg di suntikan ke tabung gas 12 kg, dan itu dilakukan di gudang dimana terdapat banyak tumpukan LPG. Kita sebagai masyarakat Indonesia yang mematuhi aturan sebaikknya tidak melakukan hal tersebut karena melanggar ketentuan yang ada, peran lain ialah adanya tindakan pro aktif dari pihak kepolisian untuk mencegah kriminal ini.Penelitian ini menggunakan jenis penilitian hukum normative- empiris. Penelitian hukum normatif empriris adalah penelitian hukum mengenai pemberlakuan ketentuan hukum normatif (kodifikasi, undang-undang atau kontrak) secara in action pada setiap peristiwa hukum tertentu yang terjadi dalam masyarakatHasil penelitian menyatakan bahwa Ketentuan pendistribusian gas LPG 3 kg di Kota Samarinda berdasarkan Peraturan Presiden nomor 104 tahun 2007 tentang penyediaan, pendistribusian dan penetapan harga liquefied petroleum gas tabung 3kg berdasarkan arus dan lingkaran distribusi diketahui bahwa Pertamina, SPPBE, Agen dan Pangkalan telah menjalankan sistem distribusi LPG di Kota Samarinda. Akibat hukum terhadap agen yang melakukan penjualan LPG 3kg di luar ketentuan harga yang telah di tetapkan di Kota Samarinda adalah mengakibatkan banyaknya masyarakat yang dirugikan. Adapun terhadap pangkalan yang melanggar Harga Eceran Tertinggi akan dikenakan sanksi berupa teguran, pengurangan supply, skorsing supply, serta pemutusan hubungan usaha dari Dinas Perindustrian dan Perdagangan Kota Samarinda.Kata Kunci : Gas Elpiji, Pendistribusian]]>
<![CDATA[TINJAUAN YURIDIS TERHADAP PERINTAH MEMBUBARKAN DIRI OLEH PEMERINTAH KEPADA KERUMUNAN MASSA UNTUK MENGHINDARI CORONA VIRUS DEASES 2019 (COVID-19) BERDASARKAN PASAL 218 KITAB UNDANG-UNDANG HUKUM PIDANA ]]>
<![CDATA[Yuki Heruyadi]]>
<![CDATA[ Journal of Law ( Jurnal Ilmu Hukum ) Vol 7, No 2 (2021) ]]>
Publisher : <![CDATA[Universitas 17 Agustus 1945 Samarinda ]]>
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<![CDATA[ABSTRACTGenerally, this event is called an Extraordinary Event (KLB) and can cause an outbreak that attacks the wider community in a short time caused by infectious diseases. On the other hand, the impact of the development of science and technology today has led to new discoveries of infectious diseases that are increasing and difficult to treat, for example, Corona Virus Diseases 2019 or COVID-19 as it is today. The head of the Indonesian National Police (Kapolri) General Idham Azis said his party had dispersed thousands of crowds on the grounds of preventing the spread of the corona virus (Covid-19). The dissolution was carried out since the publication of the Indonesian Police Chief's Declaration on March 19, 2020. The mass dissolution was also accompanied by an education program for the public. The National Police used several rules as a basis for dissolution. First is Article 14 paragraph (1) and paragraph (2) of Law Number 4 of 1984 concerning Infectious Disease, Article 93 of Law Number 6 of 2018 concerning Health Quarantine, and Articles 212, 214, 216, and 217 of the Criminal Code.Based on the background described above, the authors formulated the problem as follows: 1). What is the legal aspect of the order to disperse by the government to the crowd to avoid the 2019 Corona Diseases Virus Outbreak Under Article 218 of the Criminal Code? 2). What is the role of the Indonesian National Police in the order to disperse by the authorities to the masses to avoid the 2019 Corona Diseases Virus Outbreak Under Article 218 of the Criminal Code?So it can be concluded: 1). To anticipate and deal with the impact of COVID-19 transmission, the Regional Head established the Regional COVID-19 Task Force for Acceleration Handling based on the considerations and recommendations of the Chairperson of the Implementing Task Force for the Handling of the COVID-19 Handling in accordance with the Presidential Decree regarding the Task Force for the Acceleration of COVID-19 Handling. 2). The role of the Community Police in handling the Covid-19 outbreak with the implementation of Large-Scale Social2Restrictions (PSBB) focuses on law enforcement with non-penal means spearheaded by Bhabinkamtibmas in collaboration with community leaders. Progressive steps taken by the Indonesian National Police include the assignment of Bhabinkamtibmas in each village / kelurahan. The form of optimizing non-legal channels in the sense of finding a meeting point in deliberation and consensus efforts that includes all criteria in consensus in the peace process outside the judiciary by means of mediation or deliberation in achieving a fairness expected by the parties involved in handling the Covid-19 outbreak to find the best solution that is agreed and agreed by the parties.Keywords: Covid-19 Handling, Dispersal, Mass Crowds]]>
<![CDATA[TINJAUAN YURIDIS TERHADAP SURAT DAKWAAN DENGAN ASAS CONCURSUS REALIS DALAM PERKARA LAKALANTAS DI PENGADILAN NEGERI TANAH GROGOT ]]>
<![CDATA[Ratih Febriyanti]]>
<![CDATA[ Journal of Law ( Jurnal Ilmu Hukum ) Vol 7, No 2 (2021) ]]>
Publisher : <![CDATA[Universitas 17 Agustus 1945 Samarinda ]]>
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<![CDATA[ABSTRACTThe Indictment is a limitation of prosecution. A defendant cannot be charged or found guilty and punished for an act that is not listed in the Indictment. Criminal acts regulated in Article 65 to Article 70 of the Criminal Code concerning the accumulation or combination of criminal acts known as Concursus Realist, such as an example of a traffic accident in the jurisdiction of Paser City which resulted in a motorized vehicle user being seriously injured and slightly injured. The problems raised in this paper are how the provisions of the indictment for the cumulation in the discourse and what are the legal provisions of the indictment with the principle of realist discourse in the accident case at the Tanah Grogot District Court. This type of research is normative juridical research with a problem approach that is used in the writing of this thesis is by means of a statutory approach.The results of the study show that the legal provisions of the indictment with the principle of realist discourse in the criminal case at the Tanah Grogot District Court that in criminal events containing realist discourses in the compilation of the cumulation indictment, are adjusted to the type of realist concerns as regulated in Articles 65-71 of the Criminal Code. According to these provisions, an event is deemed to contain a realist discourse where the threat of basic punishment is the same if in the case concerned there are characteristics, namely the co-existence of a criminal act in which each criminal act stands on its own. Keywords: Indictment, Concursus Realis, Criminal Investigation Case.]]>
<![CDATA[TINJAUAN TERHADAP PERKAWINAN DI BAWAH TANGAN BERDASARKAN UNDANG-UNDANG NOMOR 1 TAHUN 1974 TENTANG PERKAWINAN ]]>
<![CDATA[Desy Fitriana Pawestri]]>
<![CDATA[ Journal of Law ( Jurnal Ilmu Hukum ) Vol 7, No 2 (2021) ]]>
Publisher : <![CDATA[Universitas 17 Agustus 1945 Samarinda ]]>
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<![CDATA[ABSTRACT This study aims to find out how the legal status of children and wives in marriage is under the hands of based on Law Number 1 of 1974 concerning marriage and how the solution if there is a marriage under the hands to become lawful according to National law. The type of research used in this study uses the normative juridical method, namely by using the object of research studies in the form of the books in question as well as legislation that has a correlation with the discussion of issues related to research.When marriage is agreed upon, it must be agreed upon in harmony and marital conditions concerning the prospective bridegroom, prospective bride, bride guardian, two voters and qabul. Based on Law No. 1 of 1974 concerning Marriage in addition to fulfilling marital requirements must be recognized by the Marriage Registration Officer approved must be regulated in Article 2 paragraph (2) of Act Number 1 of 1974 concerning Marriage intended According to the applicable legislation, approved marriage is not registered with the Employer of Marriage Registration, the marriage is considered illegal according to national law and will affect the status of the wife and child. The status of the wife from under the marriage will cause several consequences, among others: the wife is not considered a legitimate wife, the wife does not have legal force in the event of a dispute and also the distribution of inheritance if the husband finds the world, the wife is neglected for rights and consequences, vulnerable to domestic violence, and the wife will find it difficult to socialize. As well as having an impact on children who determine because the status of children considering being a child is illegal and only has a relationship with family and permission. The solution that can be done is by applying for a marriage permit application to the Religious Court, besides that it can also do a remarriage that must be completed with a marriage registration by a supported official. For the government, it is expected to intensify the socialization of the importance of marriage registration so that all people really understand the marriage record, for the community there is a need for legal awareness to grow for each individual who allows to carry out under-the-hand marriage which has become a risk requirement.]]>
<![CDATA[TINJAUAN YURIDIS TENTANG BADAN KEPEGAWAIAN DAERAH DALAM MEMINIMALISIR TERJADINYA PERCERAIAN BAGI PEGAWAI NEGERI SIPIL DALAM WILAYAH KABUPAEN KUTAI KARTANEGARA ]]>
<![CDATA[Imelda Theresia P]]>
<![CDATA[ Journal of Law ( Jurnal Ilmu Hukum ) Vol 7, No 2 (2021) ]]>
Publisher : <![CDATA[Universitas 17 Agustus 1945 Samarinda ]]>
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<![CDATA[ABSTRACT The local management agency is an extension of the regent/mayor's hand which handles management matters on staff. With regard to the issue of divorce permits for civil servants must apply for permission to obtain a divorce issued against the regent/mayor through the personnel agency that will assess whether administrative conditions are met and whether the stated reasons are acceptable in the case of the development of the staff, there is no doubt that the region's management will continue to maintain a divorce, but there must be measures that hope to have the impact of the divorce and try to unify the integrity of the member's family in the hopes of a less severe civil servant's divorce.The study method of empirical legal research means that is assessed as real behavior and as a written social symptom that is experienced in social and environmental relationships.Research shows that the mechanisms and processes of granting a divorce to civil servants are submitted in writing to officials according to a hierarchy by a preliminary process through the head of the job application which, when attempting to reconcile again, the applicant's superior provides a written consideration and suggestion for consideration to the officer who will make the decision, The government's decision to obtain a mandatory divorce was made by officials in order to minimize divorce for the NNS decision on the basis of the application and the application of the state court. Keywords: Regional Employment Agency, Divorce Permits For Civil Servants, Minimize.]]>
<![CDATA[PERIKATAN YANG DILAHIRKAN DARI SEBUAH PERJANJIAN BERDASARKAN PASAL 1332 KUHPERDATA TENTANG BARANG DAPAT MENJADI OBJEK PERJANJIAN ]]>
<![CDATA[Deny Fernatha]]>
<![CDATA[ Journal of Law ( Jurnal Ilmu Hukum ) Vol 7, No 2 (2021) ]]>
Publisher : <![CDATA[Universitas 17 Agustus 1945 Samarinda ]]>
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<![CDATA[ABSTRACT Engagement is a legal relationship between two parties in the field of assets, where one party (creditor) has the right to achievement, and the other party (debtor) is obliged to fulfill the pertasi. According to article 1338 of the Civil Code that an agreement made legally, ie fulfilling the requirements of article 1320 of the Civil Code, applies as a law to those who make it, irrevocable without the agreement of both parties or due to sufficient reasons according to the law and must be carried out in good faith. the author is interested in raising this issue in a paper entitled. The Orientation About Commitments That Are Born From An Agreement Referring to Article 1332 of the Civil Code Regarding Goods may be the object of the Agreement. In this study, the type of research used is normative legal research or library research. An engagement can be born from an agreement and law. In other words, an agreement made can lead to an engagement for the parties that made the agreement. That objects traded in the public interest cannot be used as objects of the agreement. Authors' advice In any case, we are allowed to enter into agreements, but clearly, we must not contradict what has been contained in Article 1337 of the Civil Code that every object we promise is not may conflict with law, decency and public order. Keywords: Engagement, Material, and Agreement]]>
<![CDATA[TINJAUAN PERJANJIAN ANTARA PEGURUS PROVINSI PERSATUAN TENIS MEJA SELURUH INDONESIA KALIMANTAN TIMUR DENGAN ATLET TENIS MEJA ]]>
<![CDATA[Winda Dwi Rahayu]]>
<![CDATA[ Journal of Law ( Jurnal Ilmu Hukum ) Vol 7, No 2 (2021) ]]>
Publisher : <![CDATA[Universitas 17 Agustus 1945 Samarinda ]]>
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<![CDATA[ABSTRACTThis author is intended to explain in detail the matters that become legal issues. The provincial board of the all Indonesian table tennis association, East Kalimantan, has the maximum desire or target for the East Kalimantan table tennis athletes to be more accomplished in achieving maximum targets that can make East Kalimantan province proud and can also scent the red and white flag in the international arena. The provisions of the agreement making related to article 1313 of the Civil Code which states that an agreement is an act whereby one or more people bind themselves to one or more people. However, there are problems that occur, de facto there are still many provincial administrators of table tennis associations throughout Indonesia who do not meet the conditions in the agreement and do not comply with the agreement when the agreement was made, causing an achievement. Where in this case the athlete is the most disadvantaged. Regarding this, the writer needs to be careful with regard to: (1) What are the terms of the agreement between the Provincial Management of the Indonesian Table Tennis Association, East Kalimantan, and the Table Tennis Athletes; (2) What are the legal consequences for the parties who do not carry out the contents of the agreement between the Provincial Administrators of the Indonesian Table Tennis Association, East Kalimantan and the Table Tennis Athletes. The type of research used in this research is Normative Juridical research and the statutory approach (Statue Approach) and conceptual (Conceptual Approach). The results of this study indicate the terms of the agreement making that the agreement made has been determined unilaterally by the PTMSI Pengprov without involving the athlete, that is, if an athlete violates the agreement, he will be subject to sanctions in the form of a PTMSI Decree (SK) Article 67 of 2018 concerning Articles of Association and Budget. PTMSI Household Basics, whereas if the provincial government does not carry out the contents of the agreement, it will be enforced in accordance with the applicable sanctions laws and regulations.Keywords: Agreement, Table Tennis Athletes.]]>
<![CDATA[KEKUATAN E-MAIL SEBAGAI ALAT BUKTI DALAM PROSES PERSIDANGAN PERKARA PERDATA DI INDONESIA ]]>
<![CDATA[Mery Maryati]]>
<![CDATA[ Journal of Law ( Jurnal Ilmu Hukum ) Vol 7, No 2 (2021) ]]>
Publisher : <![CDATA[Universitas 17 Agustus 1945 Samarinda ]]>
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<![CDATA[ABSTRACTThe study is titled “THE POWER OF E-MAIL AS A TOOL OF EVIDENCE IN CIVIL JURISDICTION PROCESS IN INDONESIA” The problem will be discussed in scholarly works is how the power of email as evidence in civil case trials in Indonesia. The methods used in the writing of scientific papers this is normative legal research methods. The strength of e-mail as a process of evidence in court if it is related to article 1866 of the Civil Code regarding valid evidence, then the strength of e-mail when printed is considered the same as the original letter and has the same strength as an authentic deed. The main requirement so that a document electronic or electronic mail (e-mail) can be declared evidence is validating it must include an electronic signature in the electronic document or electronic mail (e-mail) (articles 5-12 of the ITE Law), and In using the electronic system, the electronic certification has been obtained from the government or related parties (articles 13-16 of the ITE Law). The Thusposition of an electronic document is actually a evidence valid and together with written evidence. The power of proof of written documents in civil case proof very much depends on the form and purpose of the document being made, electronic documents can be referred to as authentic deeds if they have received certification from the government or related parties and meet other requirements as a valid electronic contract. However, if the electronic system and electronic documents used have not received certification, then every document that has been made will still be considered invalid by law.Keywords: E-mail, Evidence, Trial.]]>
<![CDATA[TINJAUAN YURIDIS MENGENAI PERMOHONAN PAILIT PERUSAHAAN BADAN USAHA MILIK NEGARA YANG BERBENTUK PERSEROAN TERBATAS ]]>
<![CDATA[Julivia Nur Prisintyas]]>
<![CDATA[ Journal of Law ( Jurnal Ilmu Hukum ) Vol 7, No 2 (2021) ]]>
Publisher : <![CDATA[Universitas 17 Agustus 1945 Samarinda ]]>
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<![CDATA[ABSTRACT UUK and PKPU have regulated BUMN bankruptcy, but this is still limited to BUMN that are engaged in the public interest. The definition of a BUMN engaged in the public interest is almost the same as the definition of a Public Corporation. Apart from this, BUMN Persero is very different from Perum. BUMN Persero as stated in Article 1 point 2, is a BUMN in the form of a Limited Liability Company whose capital is divided into shares wholly or at least 51% of its shares are owned by the state whose main objective is to pursue profit. The formulation of the problem in this thesis is, what is the juridical basis related to the application for bankruptcy against a BUMN company in the form of a Limited Liability Company and what are the legal consequences if a BUMN company in the form of a Limited Liability Company goes bankrupt. The research method that I use is a normative juridical research. The results show that if the BUMN is in the form of a Persero, it does not have to be the Minister of Finance who applies for bankruptcy but it can be by the debtor himself or his creditors as stipulated in Article 2 Paragraph (1) UUK and PKPU. The legal consequence arising from bankruptcy is that the debtor loses the right to control his assets, but the legal actions in the civil sector do not stop. Keywords: Bankruptcy, State-Owned Enterprises, Limited Company]]>
