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PENEGAKAN HUKUM OLEH POLRI DALAM PELAKSANAAN PEMUSNAHAN BARANG BUKTI NARKOTIKA PADA PENYIDIKAN MAUPUN SETELAH ADANYA PUTUSAN PENGADILAN NEGERI MEMPUNYAI KEKUATAN HUKUM TETAP (INKRACHT VAN GEWIJSDE) Matius Lawaing Bayau
Journal of Law ( Jurnal Ilmu Hukum ) Vol 7, No 2 (2021)
Publisher : Universitas 17 Agustus 1945 Samarinda

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ABSTRAKPenyalahgunaan narkotika dilihat dari sudut pemakai akan mengakibatkan ketergantungan, dan hal itu merupakan ancaman yang potensial merusak generasi muda yang merupakan komponen masyarakat yang paling rawan terlibat dalam penyalahgunaan narkotika. Banyak pendapat-pendapat yang mengemuka bahwa penyalahgunaan narkotika di Indonesia akhir-akhir ini sudah mencapai pada tingkat situasi yang mengkhwatiran bagi masyarakat. Sehingga hal ini harus dinilai sebagai persoalan yang mendesak dan sangat memprihatinkan, karena korban penyalahgunaan narkotika tidak hanya terbatas pada kelompok masyarakat yang mampuPeran serta POLRI terhadap pelaksanaan pemusnahan barang bukti narkotika dapat dikelompokan menjadi dua bagian, yakni peran serta POLRI terhadap pemusnahan barang bukti narkotika yang dilakukan pada tingkat penyidikan, dan peran serta POLRI terhadap pemushanan barang bukti yang dilakukan setelah adanya putusan hakim yang telah mempunyai kekuatan hukum tetap (in kracht van gewijsde).

PERTANGGUNG JAWABAN SUPERMARKET DALAM PENITIPAN BARANG DI KOTA SAMARINDA MENURUT UNDANG-UNDANG NO. 8 TAHUN 1999 TENTANG PERLINDUNGAN KONSUMEN Joldi Sandi Wijaya
Journal of Law ( Jurnal Ilmu Hukum ) Vol 7, No 2 (2021)
Publisher : Universitas 17 Agustus 1945 Samarinda

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AbstractSupermarkets offer excessive safety and convenience for consumers who shop where consumers have rights to comfort, security, and safety in consuming goods and services. Has the formulation and limitation of the issue of how the supermarket is responsible for damage or loss and procedures for filing lost claims. The research carried out aims to determine the security system and responsibilities of supermarkets related to the safekeeping of goods in accordance with the Civil Code and the Consumer Protection Act. This research uses normative legal research that is a legal research method that is carried out by examining library materials or secondary data only with the Law Approach (Statue Approach) and Conceptual Approach (Conceptual Approach). Research shows that the responsibility of supermarkets in Samarinda in terms of Safekeeping of Goods is in accordance with applicable legal provisions starting with the obligation to maintain goods that are deposited and return goods that have been deposited in an "in-kind" condition or more precisely in circumstances beginning. The responsibility of the supermarket to the injured consumer is to provide compensation in the form of cash or the replacement of goods of the same value and equivalent and the compensation has been determined by the supermarket. The Customer brings evidence of loss reports to the Supermarket deposit holder. The form of settlement carried out by the Supermarket deposit holder can be in the form of goods or money in accordance with the agreement that has been negotiated.

KEDUDUKAN AKTA HIBAH DALAM SENGKETA KEPEMILIKAN HAK ATAS TANAH Putri Wardhani
Journal of Law ( Jurnal Ilmu Hukum ) Vol 7, No 2 (2021)
Publisher : Universitas 17 Agustus 1945 Samarinda

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ABSTRACTGrant is a one-sided agreement whichis the parties who are still alive, freelyand irrevocable, give or dissectingan object for the purpose of therecipient's receiving the comforter. Aa common problem in society is thattransitions land of rights through thegrants. This is could happen whensomeone wrong. The wrong partiessaid that they felt like had the grantor the parties who inherited thegrant. The solution should beestablished by viewing the form ofthe grant performed using anauthentic deed as prescribed inarticle 1682 of civil law. The generalthe authority is given to make the seed ofthe grant by the law is the land deed.The issue raised in this writing wasentitled. "The study was intended toanswer the question of how the deedof the grant was valid and theposition of the grant deed in disputeover the land rights. The type ofresearch that used, wasnormative-juridical research, a studydone on the basis of legal materialsand by the way of collecting data,studying books on the librariesrelated to this research.As for the conclusion of this study,a grant is a free form of a covenantthat only submit to the terms of thetreaty set. That the terms of the covenantregulated in civil law. Thethe legitimacy of the rights that shouldbe extended to the recipient and thethe object should be given to be free ofcharge, interference, and litigationon the part of the third parties.Material obtained from anillegitimate grant, wouldautomatically render theunauthorized as an objectinheritance, so that the recipientwould be denied by the acquiresobject.Keywords: Deeds, Grants, RightsOn The Land.

TINJAUAN YURIDIS TERHADAP SURAT DAKWAAN DENGAN ASAS CONCURSUS REALIS DALAM PERKARA LAKALANTAS DI PENGADILAN NEGERI TANAH GROGOT Ratih Febriyanti
Journal of Law ( Jurnal Ilmu Hukum ) Vol 7, No 2 (2021)
Publisher : Universitas 17 Agustus 1945 Samarinda

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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 lightly 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 a 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 crime 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 concurus 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.

TINJAUAN YURIDIS TERHADAP PELAKSANAAN PERPARKIRAN DI KOTA SAMARINDA MENURUT PERATURAN DAERAH NOMOR 5 TAHUN 2015 TENTANG PENGELOLAAN DAN PENATAAN PARKIR Ibrahim Ibrahim
Journal of Law ( Jurnal Ilmu Hukum ) Vol 7, No 2 (2021)
Publisher : Universitas 17 Agustus 1945 Samarinda

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AbstractThis study is entitled "JURIDICIC REVIEW OF PARKING IMPLEMENTATION IN THE CITY OF SAMARINDA ACCORDING TO REGIONAL REGULATION NUMBER 5 OF 2015 CONCERNING MANAGEMENT AND ADMINISTRATION OF PARKING". regarding Parking Management Strategy (On The Street) by the Samarinda City Transportation Office in terms of Management of Public Roadside Parking, Management of Wild Parking, Dimensions of Increasing Local Revenue (PAD), and Dimensions of Smooth Traffic Flow. Data collection techniques are carried out through library research and field research, namely observation, direct interviews with informants, archives, and documents related to research. Whereas determining the source of the data is done by using purposive sampling techniques tailored to the study's objectives and accidental sampling techniques. Data analysis in this study uses descriptive qualitative methods of interactive model data analysis, which begins with the process of data collection, data simplification, data presentation, and withdrawal conclusion. From the results of the study obtained a picture that is the problem of parking carried out several strategies for managing public roadside parking namely by; First, the arrangement of permitted road sections for parking, which already includes the location and parking so that disruption to the smooth flow of traffic can be minimized, Second Optimizes the utilization of existing parking facilities, Third Provision of parking facilities outside the road body, especially in trade areas, services and offices and places of entertainment or recreation, Fourth Addition of item requirements in proposing a building permit (IMB) regarding the provision of parking facilities. In terms of evaluating parking management policies/strategies namely; First, what is done in setting the target by the Regional Revenue Service that only prioritizes the increase in regional income but not on the smooth flow of traffic and also the realization of the target. Second, namely the existence of a policy regarding mandatory tickets implemented by the UPTD parking management Samarinda City Transportation Office where the policy requires administrative evidence that is a ticket on parking activities at every parking point in the city of Samarinda. Third, the government policy in favor of parking management third party and cooperating with Primkopad Kartika Cooperative Aji Mustika Korem to help in increasing regional income and fostering all illegal parking attendants in Samarinda city. In xi, the legislation or law is conceptualized as a rule or norm that is a benchmark of human behavior that is considered appropriate. The findings obtained from this study include the Regional Parking Company has a role and function in minimizing congestion. This function is regulated based on regulations governing parking following the order of the legislation, in which there is a peak regulation / main regulations in the form of a law, namely Law Number 5 of 1965 concerning Regional Enterprises, then as the implementation, it is regulated in Regional Regulation Number 5 the Year 2015 and also in the form of Samarinda Mayor Decree which supports in terms of public roadside parking which is actually able to control illegal parking which is directly related to minimizing traffic congestion. But some things are actually regulated in rules but are not maximized in their authority. The factors that directly affect the function of Samarinda Parking are road factors and road body use, vehicle factors, road user awareness factors, and spatial regulation of parking space provision.Keywords: Parking

KEABSAHAN NOTA KONTAN DALAM TRANSAKSI DI BIDANG USAHA MIKRO KECIL DAN MENENGAH DITINJAU DARI ASPEK PASAL 1320 KITAB UNDANG-UNDANG HUKUM PERDATA TENTANG SYARAT SAH SUATU PERJANJIAN Malinda Latifah
Journal of Law ( Jurnal Ilmu Hukum ) Vol 7, No 2 (2021)
Publisher : Universitas 17 Agustus 1945 Samarinda

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ABSTRACTThe current era of the economy is developing very rapidly, including MSME business activities. People in everyday life generally carry out a business activity, namely buying and selling in order to meet their needs. In fact, buying and selling activities inevitably appear in the names of the rights and obligations of each of the two parties, this is in accordance with the provisions contained in Article 1457 of the Civil Code which states that buying and selling is an agreement, with which party is one commits himself to surrender an item, and the other party to pay the promised price. When a sale and purchase transaction occurs, the seller will issue a valid cash note as proof of payment according to what they agree on the price and goods. But there is a problem that occurs when the buyer does not pay in cash and a cash note is issued. Regarding this, it is necessary to examine the following: (1) The validity of cash notes in transactions in the Micro, Small and Medium Enterprises sector when viewed from the aspects of Article 1320 of the Civil Code; (2) Proven matters that need to be taken into account in the Transactions in the Micro, Small and Medium Enterprises Sector are related to the Legitimacy of the Issuance of Cash Notes. The type of research used in this research is Normative Juridical Research and the problem approach used in this study is the Statute Approach and the Conceptual Approach. The results show that with the provisions or rules regarding the validity of cash notes and things that need to be proven and considered regarding the recording of cash notes in transactions in the MSME sector, business activities can run according to expectations and achieve the desired goal, namely getting a profit from sales. nor the purchase. And the cash note can be used as evidence of a letter that fulfills the element of validity containing the occurrence of a sale and purchase transaction which is issued by an MSME business and can be accounted for if a dispute occurs, so that the rights and obligations as regulated in the Consumer Protection Law can be binding between MSME business actors and to which party the cash note is made. So, in a sale and purchase transaction, no party will suffer a loss if the important matters contained in the cash note are fulfilled.Keywords: Validity, Cash Notes, Transaction, Micro Small and Medium Enterprises.

TINJAUAN YURIDIS TENTANG OMNIBUS LAW KETENAGAKERJAAN DALAM SITUASI PANDEMI COVID-19 Anjar Pariwardana Hartono
Journal of Law ( Jurnal Ilmu Hukum ) Vol 7, No 2 (2021)
Publisher : Universitas 17 Agustus 1945 Samarinda

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ABSTRACTCovid-19 has had a lot of impact on society, one of which is the reduction in occasional work drops during the Covid-19 period. The Manpower Omnibus Law which many Indonesians reject because of several articles that were not approved by the community, especially workers, were issued during the Covid-19 pandemic which was allegedly benefiting employers. The problem that arises in this matter is to discuss the problems that arise as a result of this Omnibus Law and its application in Indonesia in the situation of the Covid-19 pandemic. The type of research used in this research is a type of normative legal research with a statute approach.The results of the study explain that the existence of the omnibus law on employment is detrimental to employees in terms of wages, working hours and holidays (leave), status of contract workers, severance pay and the situation during the Covid-19 pandemic is not the right time to implement omnibus. Law and Omnibus Law is a legal concept that focuses on simplifying the number of regulations because of its revising and repeal of many laws as well as regulatory issues are complete problems, not only from too many of them, but also the problem of content that does not match the content material. . The Omnibus Law on Cipta Kerja does not take care of some of the principles in the Regulatory Order. Then, the application of the Manpower Omnibus Law should not only be to support from an economic point of view. Keywords: Employment, Omnibus Law, Covid-19.

PERJANJIAN PRA NIKAH DALAM PRESPEKTIF HUKUM ISLAM Elin Siswanti
Journal of Law ( Jurnal Ilmu Hukum ) Vol 7, No 2 (2021)
Publisher : Universitas 17 Agustus 1945 Samarinda

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AbstractMarriage is a spiritual bond between man and woman as husband and wife to form a happy and eternal family based on the Godhead of the Almighty. Premarital agreements as regulated in Law Number 1 of 1974 concerning Marriage and Compilation of Islamic Law Inpres Number 1 of 1991 can be used as a legal tool to protect the rights and obligations of husband and wife when married life takes place. This study examines the existence of a prenuptial agreement according to Islamic law, the terms and procedures of a prenuptial agreement according to Islamic law, and the legal consequences arising from a prenuptial agreement according to Islamic law. This type of research used in this paper is a type of normative legal research using the law approach (statute approach). The results of research and discussion determining the existence of pre-marital agreements in Islamic law are permissible. The existence of a prenuptial agreement is expected to assist husband and wife in increasing their understanding and awareness of their obligations and rights. The requirement to implement a prenuptial agreement in Islamic law is that the substance must not violate applicable legal and religious provisions. The procedure for implementing prenuptial agreements under Islamic Law is carried out in the Office of Religious Affairs in each region. The legal consequences arising from the prenuptial agreement according to Islamic law, namely the parties involved are bound and obliged to carry out the agreement.Keywords: Marriage agreement, Islamic law

TANGGUNG JAWAB PEMERINTAH KOTA SAMARINDA AKIBAT KERUSAKAN JALAN YANG MENYEBABKAN KECELAKAAN KENDARAAN BERMOTOR DITINJAU BERDASARKAN UNDANG – UNDANG NO. 22 TAHUN 2009 TENTANG LALU LINTAS DAN ANGKUTAN JALAN Nadia Ditasya
Journal of Law ( Jurnal Ilmu Hukum ) Vol 7, No 2 (2021)
Publisher : Universitas 17 Agustus 1945 Samarinda

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ABSTRACTTraffic accidents that occur on the road in general are always associated with errors and negligence by road riders. When in fact there are still many traffic accidents that occur due to damaged roads. The responsibility of road operators by the Government especially for road facilities is not only as if for public services but is a responsibility that was born from the Act and if not implemented can have serious legal consequences. The Government and the Regional Government in question are for the government in the administration of public roads and National roads carried out by the Minister while for the regional governments in the administration of provincial roads carried out by the Governor. So that we all know our rights and obligations are on the highway and know who is responsible for the highways that we often pass and we have financed the funds according to the taxes we pay. The road operator must immediately and properly repair damaged roads that can result in traffic accidents. The responsibility of the government as the operator of the road has a legal basis that is under the umbrella of Law Number 22 Year 2009 concerning Road Traffic and Transportation. The method used in this study uses a normative juridical approach that refers to the applicable laws and regulations. In this case, the government is obliged to provide and improve the regulation of traffic facilities and infrastructure, provide the allocation of funds for the prevention and handling of traffic accidents as well as the obligation to carry out routine and or routine maintenance activities on roads and make efforts in preventing motor vehicle accidents due to damage roads by marking or signs and lighting to indicate the location of damaged / perforated roads.Keywords: Government Responsibility, Road Damage, Motor Vehicle Accidents

TANGGUNG JAWAB PELAKU USAHA TERHADAP RUSAKNYA BARANG KIRIMAN SECARA ONLINE BERDASARKAN UNDANG-UNDANG NOMOR 8 TAHUN 1999 TENTANG PERLINDUNGAN KONSUMEN Hafizurahman Triadie
Journal of Law ( Jurnal Ilmu Hukum ) Vol 7, No 2 (2021)
Publisher : Universitas 17 Agustus 1945 Samarinda

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ABSTRACT Buying and selling is an activity carried out by two or more people to produce a mutual agreement, but there is often a sale and purchase which causes various problems. The existence of buying and selling with object agreements contain hidden defects. The situation is actually known consciously by the seller, but did not inform the buyer about it, so the buyer feels disadvantaged. Such events occur because of bad intentions or dishonest attitudes about information and the condition of an item. As a result of dishonest acts, the interests of one party have been violated. The problem raised in this paper is what the legal consequences are for parties who do not have good intentions in the buying and selling process and what are the factors causing the parties to set aside good faith in the buying and selling process.This 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 with the enactment of legislation governing the buying and selling process of parties who do not have good intentions will cause legal consequences, namely the agreement becomes invalid and null and void and compensates for damages. But the reality on the ground, that the replacement of losses can be done if the parties agree. The factor causing the parties to set aside good faith in the buying and selling process is the lack of careful buyer or consumer to look for more detailed information related to the items they want to buy. While the seller or business actor, because of the opportunity to have bad intentions, in addition to that because of dishonesty.Keywords: Legal Consequences, Not in Good Intention, Buying and Selling.

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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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Editorial Address
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Location
Kota samarinda,

Kalimantan timur

INDONESIA