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INDONESIA
DEDIKASI JURNAL MAHASISWA
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Articles 1,052 Documents
PELAKSANAAN PEMBINAAN WARGA BINAAN MENURUT UNDANG-UNDANG NOMOR 12 TAHUN 1995 TENTANG PEMASYARAKATAN Hutagalung, Nandito
Journal of Law ( Jurnal Ilmu Hukum ) Vol 8, No 1 (2022): Journal of Law
Publisher : Universitas 17 Agustus 1945 Samarinda

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ABSTRACTThe Penitentiary is a place for guidance to the assisted residents. This is contained in Article 1 paragraph (3) of Law Number 12 the Year 1995, namely "Penitentiary, hereinafter referred to as LAPAS, is a place to carry out fostering of Assisted Citizens and Correctional Students".This coaching activity is solely to improve the quality of devotion to God Almighty, intellectual, attitudes and behavior, professional, physical, and spiritual health, carried out in an integrated manner between the coach, the fostered, and the community so that the Assisted Citizens realize their mistakes.The writing method is the procedure for how a study will be carried out. Based on what the author presents, the writer uses the Normative research method.Forms of coaching work skills, from the results of the research that the author got, there are various kinds of skills provided by the coach to the assisted residents.It is hoped that the correctional institutions can give attention to the assisted residents by conducting regular socialization about the law and the rights of the inmates at least once a month so that the inmates can understand the law. Keywords: Assisted Residents, Penitentiary
PEMBATALAN PERKAWINAN AKIBAT HUBUNGAN SESUSUAN DITINJAU BERDASARKAN KOMPILASI HUKUM ISLAM Riyanto, Bobi
Journal of Law ( Jurnal Ilmu Hukum ) Vol 8, No 1 (2022): Journal of Law
Publisher : Universitas 17 Agustus 1945 Samarinda

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ABSTRACTMarriage is one of the important things in human life, especially in social life. Basically, marriage has a long-term goal, as is the desire of humans themselves in order to foster a harmonious, peaceful and happy life in an atmosphere of love from the two types of creatures created by Allah SWT, realizing a marriage, of course there are requirements and prohibitions. - prohibitions that must be known by both parties who will enter into a marriage for the sake of the validity of the marriage. That is, if the marriage is carried out without paying attention to what are the conditions and prohibitions of marriage, then the marriage is considered invalid and can be canceled. Law Number 1 of 1974 concerning Marriage and Article 70 of the Compilation of Islamic Law, namely the prohibition of marriage between siblings.The type of research used is normative legal research or library law research because it is in the form of secondary data such as legislation and literature books. From the results of the study, it was concluded that in Islamic law marriage annulment can occur due to two things, namely there are things that cancel the marriage contract that is carried out, and there are new things that are experienced after the marriage contract occurs and the temporary marriage relationship takes place, Breastfeeding marriage is prohibited by law religion and also by state law because breastfeeding marriages are marriages that occur between a man and a woman where both breastfeed on the same mother so that they are called breast-feeding siblings. As for the legitimacy of the legitimacy of a marriage in which both parties are still bound by a breastfeeding relationship in terms of the Compilation of Islamic Law, Breastfeeding marriages that have been or are in progress are invalid or invalid bylaw and the law of the marriage is unlawful, so that the marriage can be annulled. or in other words, the breastfeeding marriage can be annulled because the marriage has taken place, it is confirmed in the Compilation of Islamic Law Article 39 number 3 letter c of the Compilation of Islamic Law. In accordance with the conclusions above, it is hoped that people who are considered to know or understand the law if they can help disseminate information about breast- feeding marriages starting from the scope of the family and the community around where they live, also the government is more stringent in conducting inspections of data before marriage, namely regarding the status of marriage. and the validity of the data of each party who will carry out the marriage so that unwanted things do not happen, such as requests to cancel the marriage. Key words: Breastfeeding Marriage, Cancellation of Breastfeeding Marriage
PERLINDUNGAN HUKUM BAGI PEMBELI PADA PT. NEW VILLA GREEN PADAT KARYA INDAH JALAN PADAT KARYA LOA BAKUNG KOTA SAMARINDA (PERUMAHAN UNIT TERBATAS) Putri, Aldila Wijayanti
Journal of Law ( Jurnal Ilmu Hukum ) Vol 8, No 2 (2022): Journal of Law
Publisher : Universitas 17 Agustus 1945 Samarinda

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ABSTRACTHousing as one of the basic needs in humans, both as a unit with fellow natural environment. This natural relationship is the place to be and at the same time the means that support and provide the materials needed for property ownership as regulated in the 1945 Constitution in chapter X, which is included in Human Rights which has regulated those relating to property ownership as contained in Article 27 Paragraph 1 which reads: "every citizen has the right to move, move and reside in the territory of the Republic of Indonesia". Article which reads: "everyone has the right to live and live a decent life". Human social beings are always in contact with other humans, the interactions that only occur in communication do not have human and socio-cultural dimensions, but also involve legal aspects, including Civil Law. In this research, the type of research used is normative legal research or library law research because it is in the form of secondary data such as legislation and literature books, in this study the method of accessing and research is mostly taken from library materials, namely materials that contain scientific knowledge. new or up-to-date, or new understandings of known facts or ideas, in this case including books, journals, dissertations or theses and other legal materials. This normative legal research material fully uses primary legal materials and secondary legal materials.Development usually has several considerations in determining the price to sell the house, such as the location of the house which is strategically located, having architects and workers who are experts in house construction, being able to complete the construction of the house exactly as agreed.Article 18 paragraph (1) of the consumer protection law states that business actors are prohibited from including standard clauses in agreements regarding giving rights to business actors to reduce the benefits of services or reduce the assets and assets of consumers who are the object of buyig and selling services.
PELAKSANAAN PERJANJIAN KERJASAMA PENGANGKUTAN BAHAN BAKAR MINYAK BIO SOLAR ANTARA PT PLN (PERSERO) UNIT PELAKSANA PELAYANAN PELANGGAN DENGAN PT RATAH INDAH DI SAMARINDA Kurniawan, Azik
Journal of Law ( Jurnal Ilmu Hukum ) Vol 8, No 1 (2022): Journal of Law
Publisher : Universitas 17 Agustus 1945 Samarinda

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ABSTRACT Transportation as an agreement is always preceded by an agreement between the carrier and the shipper. In the transport agreement, the carrier can be said to have acknowledged receiving the goods and undertakes to bring them to the designated place and deliver them to the addressed person. Some of the problems that arise in this study are how the implementation of the Bio Solar Oil Fuel (BBM) transportation agreement and what problems arise in the implementation of the Bio Solar Oil Fuel transportation agreement between PT PLN (Persero) Unit Pelayanan Pelaksana Pelanggan with PT Ratah Indah of Samarinda.The approach method used is a sociological juridical approach. This juridical-empirical research approach uses secondary data as the initial data, which is then followed by primary data. Primary data were obtained by field research, such as direct observation of the implementation of the cooperation agreement for the transportation of Bio Solar fuel. While secondary data is obtained through primary legal materials, secondary legal materials, and tertiary legal materials. The data collection tools used in this research are document studies and interviews, which are then analyzed qualitatively.Based on the results of the study, it is known that the implementation of the transportation cooperation agreement between PT PLN (Persero) Unit Pelayanan Pelaksana Pelanggan with PT Ratah Indah of Samarinda has been carried out in accordance with the agreement that has been agreed by both parties, which contains the rights and obligations between the two parties as well as technical procedures for the implementation of the work starting from the stage of transportation, acceptance, testing, and measurement. The problem of delays in the delivery of Bio Solar fuel in principle is determined by the weather conditions at that time, based on real conditions in the field, the incident is included in the result of force majeure, this is evidenced by PT Ratah Indah with a written letter from the Samarinda Department of Transportation, so that all delays or failures will not result in a claim for compensation for losses suffered by other parties and is related to the difference in volume between the amount of Bio Solar fuel listed in the Bill of Loading (B/L) or Loading Order Liters 15°C with a physical received by PT PLN, then the shortage is the responsibility of the Carrier and must replace the difference/shortage of Bio Solar BBM within 7 x 24 hours. Keywords: Agreements, Transportation, Bio Solar
TANGGUNG JAWAB SOSIAL DAN LINGKUNGAN PADA PERUSAHAAN BADAN USAHA MILIK NEGARA PERTAMINA HULU SANGA – SANGA BERDASARKAN UNDANG – UNDANG NOMOR 40 TAHUN 2007 TENTANG PERSEROAN TERBATAS Dani, A. Syahrul Muhamad
Journal of Law ( Jurnal Ilmu Hukum ) Vol 8, No 2 (2022): Journal of Law
Publisher : Universitas 17 Agustus 1945 Samarinda

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AbstracCorporate Social Responsibility (CSR) or which in Law Number 40 of 2007 concerning Limited Liability Companies is called Social and Environmental Responsibility (TJSL). Social and Environmental Responsibility is an obligation activity for every company to implement it as ordered by Law Number 40 of 2007 concerning Limited Liability Companies. PT Pertamina Hulu Sanga-Sanga with an office in Muara Badak District. PT Pertamina Hulu Sanga is a subsidiary of PT Pertamina Hulu Indonesia which is united as a State-Owned Enterprise (BUMN), soit should be a benchmark for other companies in terms of moving. This type of research in writing this thesis uses an empirical and normative approach, in which in this case the author goes into the field to see firsthand the objective conditions on the issues raised and consider them based on existing laws. The results of the research show that the implementation of the Social and Environmental Responsibility of PT Pertamina Hulu Sanga-Sanga still inherits the concepts and methods from its predecessor company, Virginia Indonesia Company (VICO). Sanctions against companies that do not carry out their Social and Environmental Responsibility obligations are still very weak, as regulated in Law Number 25 of2007 concerning Investment, there are only administrative sanctions for companies that do not carry out them, and other laws and regulations do not regulate related to sanctions, in this case it can put a rogue company in a safe position even though it does not carry out its Social and Environmental Responsibility obligations. In fact, if we refer to Law Number 40 of 2007 concerning Limited Liability Companies, there is a noble goal of implementing Social and Environmental Responsibility, namely to realize sustainable economic development. Keywirds : Social and Environmental Responsibility, Implementation, Sanctions
PELAKSANAAN PERJANJIAN KERJA WAKTU TERTENTU DI PT KIMIA FARMA BERDASARKAN UNDANG-UNDANG CIPTA KERJA Azis, Yuli Rahmadani
Journal of Law ( Jurnal Ilmu Hukum ) Vol 8, No 1 (2022): Journal of Law
Publisher : Universitas 17 Agustus 1945 Samarinda

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ABSTRACTPT. Kimia Farma made a collective work agreement with non-permanent workers, one of which contained the contents of the agreement regarding the appointment of non-permanent workers to become permanent workers on the condition that the temporary workers must work at PT. Pharmaceutical Chemistry.Law Number 13 of 2003 concerning Manpower as amended through Law Number 11 of 2020 concerning Job Creation, one of which is regarding employment relations based on a certain time work agreement (also known as PKWT). In practice in the field, there are often problems related to the rights of PKWT workers, one of which is special requirements, especially related to the duration of the agreement and the type of work agreed. Whether things like this in the provisions of the Job Creation Act have been carried out by the Company or not. The type of research used is empirical juridical research, research using field data.The results showed that a certain time work agreement at PT. Kimia Farma based on the Manpower Act has special requirements, especially related to the term of the agreement and the type of work that is agreed upon. The term of a work agreement for a certain time can only be made for a maximum of two years, it can only be extended once for a maximum period of one year, or it can be renewed a maximum of once for a maximum of two years. As for the type of work itself, not all jobs can be used as objects of a certain time work agreement, but only certain jobs. Keywords: PKWT, Employment Agreement, Job Creation Act
ANALISIS PERIZINAN PERKEBUNAN KELAPA SAWIT PT. EQUALINDO MAKMUR ALAM SEJAHTERA Setiawan, Verri
Journal of Law ( Jurnal Ilmu Hukum ) Vol 8, No 1 (2022): Journal of Law
Publisher : Universitas 17 Agustus 1945 Samarinda

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ABSTRACTION During this Covid-19 pandemic, the Oil palm plantations are one of the mainstays of a superior community in order to support the development of the Indonesian national economy by opening up wide-open job opportunities. Indonesia has various wealth products that can improve the welfare of the people in order to increase regional income. In line with Law Number 32 of 2009 concerning Environmental Protection and Management, it is explained that “every business and or activity that has an important impact on the environment must have an Amdal. the formulation of the problem in this study How to analyze the environmental impact on oil palm plantations of PT. Equalindo Makmur Alam Sejahtera and what are the legal consequences for the environmental impact of PT. Equalindo Makmur Alam Sejahtera.This type of research is a type of empirical legal research, empirical legal research is oriented to primary data (research results in the field). The qualitative approach is carried out by conducting direct research in the field, namely by describing the special treatment of the Environmental Impact Analysis of oil palm plantations at PT. Equalindo Makmur Alam Sejahtera, as well as conducting interviews with several respondents who were deemed able to provide information.The result of this research and discussion is that PT. Equalindo Makmur Alam Sejahtera has conducted socialization regarding the company's AMDAL. In the event that it is not certain whether PT. Equalindo Makmur Alam Sejahtera has or not an AMDAL or Environmental Permit related to the oil palm plantation business being carried out. And the result of the environmental impact is the company's administrative sanctions in the form of termination of business licenses. Keywords: Environmental Impact Analysis, Legal Consequences, Oil Palm Plantation
OPTIMALISASI PEMBINAAN NARAPIDANA PEREMPUAN SEBAGAI UPAYA MENCEGAH TERJADINYA RESIDIVIS DI LEMBAGA PEMASYARAKATAN PEREMPUAN KELAS IIA SAMARINDA Wardhana, Tubagus Sukma
Journal of Law ( Jurnal Ilmu Hukum ) Vol 8, No 1 (2022): Journal of Law
Publisher : Universitas 17 Agustus 1945 Samarinda

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ABSTRACTOne of the things that destroys the community system is the existence of criminals - recurring criminals or what is commonly known as recidivists. These criminals usually repeat the same crimes, even though he has already been sentenced.The type of research that the author uses is empirical juridical research, which is a type of empirical juridical research, or what is called field research, which examines the applicable legal provisions and what happens in reality in society.The results of the study stated that the guidance carried out by the Class II A women's penitentiary Samarinda was not yet effective, but the handling was in accordance with Law Number 12 of 1995 concerning Corrections, which implementation was regulated by Government Regulation No. 31 of 1999 concerning Guidance and Guidance of prisoners and the obstacles faced by the Class II A women's penitentiary Samarinda in an effort to prevent recidivists from occurring are the insufficient number of security officers, the number of assisted residents (residents) that exceeds the capacity, facilities / infrastructure, human resources , marketing the results of limited skills, culture and society, funds, and social and economy. Keywords: Guidance, Prisoners, and Rescue
TINJAUAN YURIDIS PERATURAN DAERAH KABUPATEN KUTAI BARAT NOMOR 13 TAHUN 2017 TENTANG PENYELENGGARAAN PENGAKUAN DAN PERLINDUNGAN MASYARAKAT HUKUM ADAT TERHADAP HUKUM NASIONAL Sari, Ratna
Journal of Law ( Jurnal Ilmu Hukum ) Vol 8, No 2 (2022): Journal of Law
Publisher : Universitas 17 Agustus 1945 Samarinda

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ABSTRACT Customary law or what can also be called customary law is a law that grows and lives in a community that aims to regulate the way of life of the community. Customary law that adheres to noble values and norms that has been passed down from generation to generation, which has survived and until now has an important role in the national legal order.The state recognizes the existence of Costomary law by including several articles regulating customary law in the 1945 Constitution of the State of the Republic of Indonesia and then relegating it in its derivative products to regional regulations.The problem raised in the writing of this law is how the position of  Customary law in West Kutai District Regulation Number 13 Year 2017 Regarding the Implementation of the Recognition and Protection of Traditional Law Communities and what matters are regulated in these regional regulations that affect the enactment of Adat law in Kutai Regency West. This type of research is normative juridical research, library research with the problem approach used in writing this thesis is the statute approach.The birth of West Kutai Regency Regulation Number 13 Year 2017 Regarding the Implementation of the Recognition and Protection of Customary Law Communities is a form of local government support for the development and existence of customary law in West Kutai Regency to date as part of the national legal system. Keywords: customary law, regional regulations, national law
AKTA KELAHIRAN TERHADAP ANAK YANG DILAHIRKAN DI LUAR PERKAWINAN Mangayuk, Gresky Gistor
Journal of Law ( Jurnal Ilmu Hukum ) Vol 8, No 1 (2022): Journal of Law
Publisher : Universitas 17 Agustus 1945 Samarinda

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ABSTRACTBirth registration is an important matter in population registration and administration, and so far this problem has received little attention in the community. Given the importance of this birth certificate, a child must have a birth certificate even though he is a child out of wedlock, this is because the birth certificate is an authentic certificate that will be used as evidence regarding the child's civil status. In this study, the author uses a descriptive type of research, which is a study that is intended to provide an overview of the state of the subject and/or object of research as it is. The results of this study indicate that the process of obtaining a birth certificate for a child out of wedlock is the same in general as for a legitimate child, except that the mother must first fill out a statement that she is not legally married at the population service and the civil registry signed by the head of the population and civil registry office. one of the requirements in obtaining a birth certificate of a child out of wedlock. In the validity of the birth certificate of a child out of wedlock, it can be shown through a quote in the deed that has been issued by the population and civil registry office and also signed by the head of the population and civil registry office, which means that the validity of the deed of a child out of wedlock is the same as that of a legitimate child. can be used as authentic evidence for the certificate holder, with a birth certificate a person has legal guarantees and certainty regarding his civil status which includes personal identity, namely, name, place, and date of birth, and citizenship. Constraints in obtaining birth certificates for children out of wedlock can be seen from 2 (two) sides, namely the community and the apparatus including the lack of public awareness of the importance of birth certificates for children and also the lack of active role of civil registration officers to inform the importance of birth certificates for children in the future. the future, whether it's a child born out of wedlock.  Keywords: Out of wedlock children, birth certificate, legal consequences

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