Garuda - Garba Rujukan Digital

PENYELESAIAN SENGKETA ANTARA BUMN DENGAN PEMERINTAH DAERAH DALAM PENGELOLAAN ASET DAERAH Ramadhan, Azar
Journal of Law ( Jurnal Ilmu Hukum ) Vol 9, No 1 (2025)
Publisher : Universitas 17 Agustus 1945 Samarinda

Show Abstract | Download Original | Original Source | Check in Google Scholar

ABSTRACTLand and/or building sale and purchase transactions are inseparable from the existence of an agreement/contract, where there is an agreement between the parties that bind themselves to each other, with one party submitting an object, and the other party will make a payment as previously agreed, as stipulated in Article 1457 of the Civil Code. Default from the seller also often occurs in land rights sale and purchase agreements which then cause losses to the buyer such as the inability to transfer the identity of land ownership rights from the seller to the buyer. This research is a type of Normative research that uses Secondary data sources and analyzes data using qualitative analysis methods in the form of sentence descriptions that are easy for readers to understand. Based on the results of the study, the Deed of Land Sale and Purchase Agreement in practice is often made in the form of an authentic deed made before a Notary, so that the Deed of Sale and Purchase Agreement is an authentic deed that has perfect evidentiary power. This is intended by the parties to provide more protection and legal certainty for the parties who make it. Because the notary in making the deed is impartial and maintains the interests of the parties objectively. That the sale and purchase agreement is a preliminary agreement, but there is a possibility that implementing all the requirements agreed upon in the sale and purchase agreement may take a long time, so there is also a possibility that the prospective seller is prevented from signing the sale and purchase deed (AJB). This will certainly cause difficulties for the buyer because the transfer of rights cannot be carried out even though the buyer has fulfilled all obligations to obtain his rights as agreed in the sale and purchase agreement. As for legal protection for the parties, especially buyers in a sale and purchase agreement made underhand, the legal protection provided in the sale and purchase agreement is very strong because of the evidentiary nature of the sale and purchase agreement made before a public official in this case a Notary.Keywords: Buyer, Land Rights, PPJB Deed, Notary.

PENGAKUAN ANAK ANGKAT SEBAGAI AHLI WARIS MENURUT HUKUM PERDATA DI INDONESIA Rahmi, Ita
Journal of Law ( Jurnal Ilmu Hukum ) Vol 9, No 1 (2025)
Publisher : Universitas 17 Agustus 1945 Samarinda

Show Abstract | Download Original | Original Source | Check in Google Scholar

ABSTRACT. Child adoption is a form of protection and fulfillment of the rights of children in families who cannot have biological children. In the context of civil law in Indonesia, adoption of children has various legal implications, especially in terms of the position of adopted children as heirs. This paper aims to examine how the legal recognition of adopted children as heirs according to the provisions of the applicable civil law in Indonesia. This study uses a normative juridical method with a legislative approach and literature study. The results of the study show that adopted children have a legal status after a court determination and can be equated with biological children in terms of inheritance rights, both based on the Civil Code and related laws such as the Child Protection Law and Government Regulation Number 54 of 2007. However, its implementation still faces obstacles, especially related to social recognition and inheritance practices that are not always in accordance with legal provisions. Therefore, consistent socialization and law enforcement are needed so that the rights of adopted children as heirs can be guaranteed fairly.Keywords: Adopted Children, Inheritance Rights, Civil Law, Adoption Of Children, Heirs.

PEMBATASAN TIKTOK SHOP MENURUT PERATURAN MENTERI PERDAGANGAN NOMOR 31 TAHUN 2023 TENTANG PERIZINAN BERUSAHA, PERIKLANAN, PEMBINAAN, DAN PENGAWASAN PELAKU USAHA DALAM PERDAGANGAN MELALUI SISTEM ELEKTRONIK Margareta, Linda
Journal of Law ( Jurnal Ilmu Hukum ) Vol 9, No 1 (2025)
Publisher : Universitas 17 Agustus 1945 Samarinda

Show Abstract | Download Original | Original Source | Check in Google Scholar

ABSTRACT. TikTok Shop has grown tremendously since it was first introduced, offering ease for users to make transactions without having to leave the TikTok app. Regulation of the Minister of Trade Number 31 of 2023 provides restrictions on TikTok Shops, which are very important in maintaining healthy competition. The restriction stipulates that social media does not function as a direct seller, but only as a platform to facilitate transactions between sellers and buyers. This study analyzes the implementation of TikTok Shop restrictions according to the Regulation of the Minister of Trade Number 31 of 2023 on e-commerce business actors. and restrictions on the prohibition of social media from becoming direct sellers in the Regulation of the Minister of Trade Number 31 of 2023 have been effective in creating a healthy e-commerce ecosystem. The implementation of TikTok Shop restrictions according to the Regulation of the Minister of Trade Number 31 of 2023 has had a significant impact on e-commerce business actors in Indonesia. These restrictions, which govern business licensing obligations, TikTok's prohibition on being a direct seller, and transaction supervision, aim to create a healthy and fair e-commerce ecosystem. The government should strengthen the oversight mechanism for large e-commerce platforms, such as TikTok, by utilizing adequate technology and human resources. And for the government to strengthen the oversight mechanism for large e-commerce platforms, such as TikTok, by utilizing adequate technology and human resources. Keywords: E-commerce, TikTokShop Restrictions, Legal Protection.

PELAKSANAAN FIDUSIA SEBAGAI JAMINAN KREDIT DALAM PERSPEKTIF HUKUM BISNIS DI INDONESIA Suparno, Perli
Journal of Law ( Jurnal Ilmu Hukum ) Vol 9, No 1 (2025)
Publisher : Universitas 17 Agustus 1945 Samarinda

Show Abstract | Download Original | Original Source | Check in Google Scholar

ABSTRACT. The implementation of fiduciary guarantee execution faces various technical and administrative obstacles. In the event of a default, creditors often face challenges in executing the pledged object, especially if the object has changed hands or has been damaged. This research discusses the legal certainty of the implementation of fiduciary as credit guarantee in Indonesia and the obstacles faced in the implementation of fiduciary as credit guarantee from a business law perspective. This research uses normative research, in this case normative legal research is a process to find legal rules, legal principles, and legal doctrines to answer legal problems. The results of the study are that after the enactment of the Fiduciary Law and the decision of the Constitutional Court. Fiduciary registration provides legal certainty for creditors in enforcing their rights, while the Constitutional Court's ruling provides more protection for debtors in terms of the execution of guarantees and these constraints include low levels of compliance with fiduciary registration, challenges in the enforcement process, limited supervision and law enforcement, and lack of public understanding of fiduciaries. Keywords: Fiduciary, Credit Guarantee.

PELAKSANAAN PROGRAM PEMERINTAH DALAM PENINGKATAN KUALITAS AIR BERSIH DI PDAM KUTAI TIMUR Maharani, Anissa Fitri
Journal of Law ( Jurnal Ilmu Hukum ) Vol 9, No 1 (2025)
Publisher : Universitas 17 Agustus 1945 Samarinda

Show Abstract | Download Original | Original Source | Check in Google Scholar

ABSTRACT. PDAM (Regional Drinking Water Company) as a business entity to meet the water needs of the community, however, the provision of water that has reliable quality uses a market approach so that it has a negative impact on the poor who are unable to reach the clean water services that have been provided. This study analyzes the implementation of government programs in improving clean water quality in East Kutai PDAM and the factors that affect the implementation of government programs in improving clean water quality in East Kutai PDAM. The implementation of government programs to improve clean water quality in PDAM East Kutai Regency is a strategic effort that aims to meet the basic needs of the community for proper and safe access to clean water. And the implementation of government programs in improving clean water quality in East Kutai PDAM is influenced by various internal and external factors. The central and local governments need to increase budget allocation for infrastructure improvements and stricter supervision and periodic evaluations of program implementation are needed to ensure that the goal of improving water quality is achieved. Keywords: Government, Clean Water, PDAM.

PERLINDUNGAN HUKUM TERHADAP ISTRI DALAM PERALIHAN HARTA BERSAMA TANPA PERSETUJUAN Rohaningsih, Rohaningsih
Journal of Law ( Jurnal Ilmu Hukum ) Vol 9, No 1 (2025)
Publisher : Universitas 17 Agustus 1945 Samarinda

Show Abstract | Download Original | Original Source | Check in Google Scholar

ABSTRACT. Community property is all the assets acquired during the marriage, which by law becomes jointly owned by the husband and wife, regardless of who acquired or generated the assets. The transfer of community property without the consent of the partner, particularly without the consent of the wife, becomes a very crucial issue as it can lead to legal and economic losses for the aggrieved party. This research examines the legal protection that can be provided to a wife when community property is transferred without consent and what forms of transfer of community property are carried out without the consent of the wife and what the impacts are. Positive law in Indonesia, through the Marriage Law and the Civil Code, has clearly stipulated that actions regarding community property must obtain the consent of both parties; however, in practice, there are still many violations that harm wives. And forms of transfer of joint property without the wife's consent include sale, donation, collateral, and transfer of ownership to other parties without a valid legal basis. Keywords: Legal Protection, Joint Assets.

TINJAUAN HUKUM PERLINDUNGAN DATA PRIBADI DALAM PERATURAN PERUNDANG-UNDANGAN DI INDONESIA Safitri, Anissa
Journal of Law ( Jurnal Ilmu Hukum ) Vol 9, No 1 (2025)
Publisher : Universitas 17 Agustus 1945 Samarinda

Show Abstract | Download Original | Original Source | Check in Google Scholar

ABSTRACTPersonal data protection is a form of protection for a right to privacy, it will require protection of a person's privacy or protection of a person's personal data. To find out the protection of personal data is regulated in the Laws and Regulations in Indonesia and to find out the obstacles to the protection of personal data in law and their solutions.Normative legal research method (normative legal research) research specifications in analytical descriptive, the data used are primary data, secondary data and tertiary data, data collection tools with literature studies with qualitative analysis approach techniques.The results of the Personal Data Protection study in Indonesia are regulated in Law Number 27 of 2022 concerning Personal Data Protection, Law No. 11 of 2018 concerning Information and Electronic Transactions, amendments to Law No. 19 of 2016 concerning Regulation of the Minister of Communication and Informatics of the Republic of Indonesia Number 20 of 2016 concerning Protection of Personal Data in Electronic Systems, and has obstacles in the application of the Law such as overlapping old and new laws, it is mandatory to form a Personal Data Protection Institution which is very much needed and important considering the existence of a strong legal basis, namely in Article 58 of the Personal Data Protection Law and seeing the conditions of personal data violation cases in Indonesia which are increasing every year. The institution plays a role and is tasked with supervising, protecting, and enforcing individual privacy rights and supervising the use of personal data by personal data controllers. KEYWORDS: Personal Data Protection

EKSISTENSI KEBIJAKAN DAERAH YANG DEMOKRATIS DALAM SISTEM PEMERINTAHAN YANG BERSIH BEBAS DARI KORUPSI Ismail, Ismail
Journal of Law ( Jurnal Ilmu Hukum ) Vol 9, No 1 (2025)
Publisher : Universitas 17 Agustus 1945 Samarinda

Show Abstract | Download Original | Original Source | Check in Google Scholar

ABSTRACT.One of the challenges in realizing democratic local policies is the political culture that tends to be patrimonial and lacks emphasis on democratic values. Practices such as political money, patronage, and nepotism often hinder the democratization process at the local level. This research examines the impact of democratic local policies on efforts to establish a clean government system free from corruption, as well as the factors that hinder the implementation of democratic local policies in supporting good governance. Normative legal research is a process to find legal rules, legal principles, and legal doctrines to answer legal problems. Democratic regional policies have a significant impact in promoting the establishment of a clean government system free from corruption. By prioritizing the principles of transparency, accountability, and community participation, these policies can narrow the space for corrupt practices and create more effective oversight mechanisms. Furthermore, the implementation of democratic regional policies faces various obstacles, such as low human resource capacity in local government, weak oversight mechanisms, a political culture that is not supportive, and minimal community participation. Keywords: Regional Policy, Democratic, Corruption.

PELANGGARAN KODE ETIK PROFESI POLISI DI INDONESIA Rahman, Maulana Malikul
Journal of Law ( Jurnal Ilmu Hukum ) Vol 9, No 1 (2025)
Publisher : Universitas 17 Agustus 1945 Samarinda

Show Abstract | Download Original | Original Source | Check in Google Scholar

ABSTRACT. One of the cases of ethical code violations that has gained public attention is the involvement of certain police officers in the abuse of power and excessive violence against the community. Violations of the police professional code of ethics are not only caused by individual weaknesses but also indicate systemic weaknesses in the oversight and internal law enforcement mechanisms of the National Police. This research discusses the imposition of sanctions on violations of police ethics and the challenges faced in implementing sanctions for violations of police ethics in Indonesia. The type of research used by the author is normative research. Normative legal research is legal research conducted by examining library materials. The imposition of sanctions for violations of the police code of ethics, in accordance with Perpol Number 7 of 2022, aims to maintain professionalism, integrity, and public trust in the National Police. These challenges include overlaps in authority with other law enforcement agencies, limitations in resources and infrastructure, as well as threats or intimidation from interested parties. Furthermore, the obstacles faced in the application of sanctions for violations of the police code of ethics in Indonesia still encounter various hurdles, including weaknesses in internal supervision, an organizational culture that is difficult to change, social and political pressures, and a lack of transparency in the sanctioning process. Keywords: Violation, Code of Ethics, Police.

AKIBAT HUKUM TERHADAP KELAHIRAN ANAK DARI PERKAWINAN YANG TIDAK TERCATAT BERDASARKAN UNDANG-UNDANG NOMOR 1 TAHUN 1974 TENTANG PERKAWINAN Herlina, Perida
Journal of Law ( Jurnal Ilmu Hukum ) Vol 9, No 1 (2025)
Publisher : Universitas 17 Agustus 1945 Samarinda

Show Abstract | Download Original | Original Source | Check in Google Scholar

ABSTRACTPerida Herina, 2019, Legal consequences of the birth of unmarried children from marriage bassed on Law Number 1 of 1974 concerming marriage, This study was guided by Dr. H. Abdul Rokhim, S.H., M.Hum as the first supervisor and Gusti Heliana Safitri, S.H., M.H as supervisor II.Marriage is an inner and outer bond between a man and woman as husband and wife with the aim of forming a happy and eternal family bassed on the one godhead, carried out according to their respective Religion must be recorded according to the applicable laws and regulations.Research Methods, namely: 1. Type of Research, is Normative Juridical research. 2. Through the stages 3. Legal Material Resources, the author uses the technique of collecting library research, which in 4. Legal collection and processing materials using the primary law legal document collection techniques, as well as the implementing regulations of the Civil Code, Law No.23 of 2002 Law No. 23 of 2006, Law No. 1 of 1974, Presendential Degree No. 12 of 1983. b. Legal Materials The principal of the law is an approach to the problem, is the primary and Secondary Legal Materials Secondary data, sourced from: a. Material in 2002. Law No. 23 of 2006, Law No. 1 of 1974, Presidential Decree No. 12 0f 1983, b. Secondary Legal Materials books, internet access witings of legal experts, primary and secondary.c. Tertiary Law, namely givingnan explaination of primary law and seondary. 5. Legal Materials Analysis is that the data obtained is processed systematically, analyzed qualitatively, legal and analogical interpretations of the facts obtained by the study of provisions of the marriage.MK Decision Number:46/ PUU-VIII/2010 namely Children born proven based on science and technology and / or other evidence according to the Law has blood relations including the relationship of civil blood to his father’s familiy.

Home Page

OAI Link

Editorial Team

Contact

Reviewer

Google Scholar

Contact Name
-

Contact Email
-

Phone
-

Journal Mail Official
-

Editorial Address
-

Location
Kota samarinda,

Kalimantan timur

INDONESIA

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Home Page

OAI Link

Editorial Team

Contact

Reviewer

Google Scholar

Contact Name -

Contact Email -

Phone -

Journal Mail Official -

Editorial Address -

Location Kota samarinda, Kalimantan timur INDONESIA

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Contact Name
-

Contact Email
-

Phone
-

Journal Mail Official
-

Editorial Address
-

Location
Kota samarinda,

Kalimantan timur

INDONESIA