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INDONESIA
DEDIKASI JURNAL MAHASISWA
Published by Universitas 17 Agustus 1945 Samarinda
ISSN : -     EISSN : -     DOI : -
Core Subject : Education,
Education
Arjuna Subject : -
Articles 1,052 Documents
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PENGEMBALIAN KERUGIAN KEUANGAN NEGARA DALAM TAHAP PENYIDIKAN TINDAK PIDANA KORUPSI Kurniawan, Akad Edi
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 Recovery of state financial losses by efforts to recover state financial losses in corruption crimes in reality still faces obstacles both at the procedural level and at the technical level. At the procedural level, certain legal instruments are needed that are appropriate in accordance with the modus operandi of the crime and the object of the legal problem. In the case of a criminal act of corruption, the results of a criminal act in the form of state finances are in fact not only accepted or enjoyed by the defendant, but also received or enjoyed by a third party who is not a defendant. The formulation of the problem raised is How is the legal arrangement for returning state financial losses in the investigation stage of corruption and how is the Procedure for Returning State Financial Losses in the Implementation Stage of Corruption Crimes.The type of research used is normative juridical research library research with the problem approach used in writing this thesis is the statute approach and field research to obtain data. from corruption. These efforts are regulated in Law Number 31 of 1999 as amended by LAW Number 20 of 2001 concerning Eradication of Criminal Acts of Corruption, Law Number 7 of 2006 concerning Ratification of the United Nations Convention Against Corruption (Anti-Corruption Convention), Law Number 15 of 2002 as amended by LAW Number 25 of 2003 concerning the Crime of Money Laundering (Law on Money Laundering), Law Number 1 of 2006 concerning Mutual Assistance in Criminal Matters and the process of returning state finances in the implementation the case decisions are Asset Search, Confiscation of Assets/Wealth, Prosecution of Compensation Payments and Execution/Implementing Court Decisions Regarding Refund of State Financial Losses Keywords: Corruption, Return of State Finances, Investigation
AKIBAT HUKUM BAGI PIHAK YANG MENGUASAI HARTA WARISAN DALAM PERSPEKTIF HUKUM ISLAM Pertiwi, Virga Eka
Journal of Law ( Jurnal Ilmu Hukum ) Vol 8, No 1 (2022): Journal of Law
Publisher : Universitas 17 Agustus 1945 Samarinda

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ABSTRACTInheritance is the transfer of ownership of property from a person who dies to someone who is still alive. In family life, it is possible for problems such as inheritance to occur. Inheritance often causes disputes because there are heirs who control greedily to own the entire inheritance without wanting to share it with other heirs. In addition, other factors that trigger inheritance disputes because the implementation of the distribution of inheritance in Indonesia is diverse, causing differences in the legal system that makes many people do not understand about inheritance law so that they often have misunderstandings.The type of research method used in this paper is mormative law research with a concentration on positive law inventory, legal principles and legal doctrine, legal discovery, legal systematics, synchronization and legal comparison.The legal consequences for the party who controls the inheritance without the approval of the other heirs to the detriment of the other heirs, are obliged to compensate materially or immaterially for the heirs who feel that their rights have been harmed due to violating the obligations as regulated in Article 175 paragraph 1 of the Legal Compilation. Islam and can be categorized as an unlawful act. Meanwhile, efforts that can be made by heirs who do not obtain inheritance because they have been controlled by other heirs are to conduct mediation first, but if they do not obtain a settlement agreement, then they may file an inheritance lawsuit to the Religious Court with the applicable terms and procedures.Keywords: Legal Consequences, Heirs, Inheritance, Islamic Law.
PERLINDUNGAN HUKUM TERHADAP STATUS KEWARGANEGARAAN ANAK HASIL DARI PERKAWINAN CAMPURAN BERDASARKAN UNDANG-UNDANG NOMOR 12 TAHUN 2006 TENTANG KEWARGANEGARAAN Widodo, Agnes Visca Hemaskesuma
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 Marriage is a bond that shows the relationship between one person and another. With the existence of Law Number 12 f 2006 concerning citizenship of the Republic of Indonesia which imposes dual citizenship only until the child is 18 years old or married, after which he must choose one of the nationalities of his choice.The enactment of Law Number 12 of 2006 concerning citizenship where if a child wants to get legal protection of a country. What is the citizenship status of children resulting from mixed marriages according to law number 12 of 2006 concerning citizenship and how are the civil rights of children resulting from mixed marriages according to the legal system in Indonesia. The method in this study uses a normative juridical research method based on the sources of legal material that will be studied by the author. The sources of legal material used include legislation related to the legal issues being handled. Keywords: Mixed Marriage, Dual Citizenship
FAKTOR PENYEBAB TERJADINYA PERCERAIAN PADA MASA PANDEMI COVID-19 DI PENGADILAN AGAMA SAMARINDA Said, Badrul
Journal of Law ( Jurnal Ilmu Hukum ) Vol 8, No 1 (2022): Journal of Law
Publisher : Universitas 17 Agustus 1945 Samarinda

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ABSTRACTThis thesis aims to explain the factors that cause divorce cases which have increased due to the Large-Scale Social Restriction (PSBB) policy, as a result of the COVID-19 pandemic that is currently engulfing Indonesia. The government's policy regarding Large- Scale Social Restrictions (PSBB) during the COVID-19 pandemic which aims to maintain family health has turned out to be the cause of an increase in divorce cases. This occurs as a result of the economic impact of this Large-Scale Social Restriction (PSBB) policy. Not a few business actors, both micro and macro, suffered huge losses. As a result, breadwinners have lost their jobs and have no income during the COVID-19 pandemic, and have difficulty getting side jobs or new jobs.This research uses normative- empirical research (applied law research) by using interview study data collection techniques and library research by conducting an assessment of the laws and regulations, books, and scientific journals related to the title of this thesis.The results showed that the reason for the increase in divorce that occurred at the Samarinda City Religious Court was motivated by economic factors, continuous disputes, domestic violence, infidelity, and husbands not working, leaving, not caring and irresponsible. Keywords: Divorce Factor, Large-Scale Social Restriction (PSBB), Covid-19
PEMISAHAN BERKAS PERKARA (SPLITSING) OLEH PENUNTUT UMUM DALAM PROSES PEMBUKTIAN SUATU TINDAK PIDANA PADA DELIK PENYERTAAN Waskitara, Wisnu
Journal of Law ( Jurnal Ilmu Hukum ) Vol 8, No 1 (2022): Journal of Law
Publisher : Universitas 17 Agustus 1945 Samarinda

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ABSTRACTCriminal justice system is a term that indicates a working mechanism in crime prevention by using a basic system approach. All forms of participation or involvement of people both physically and psychologically in each act so that it gives birth to a criminal act is called participation (Deelneming). The separation of case files (splitsing) by the Public Prosecutor is one of the actions in law enforcement. Splitsing is carried out so that the elements of the offense from each defendant are fulfilled and in an effort to avoid a shortage of witness evidence.The purpose of writing is to find out the basis for the consideration of the Public Prosecutor in separating case files (splitsing) in a criminal case and knowing how to prove from a case file using the splitting method of case files (splitsing) in the inclusion offense. The type of research method used is empirical juridical using a sociological approach. Data collection techniques using interview techniques and data obtained from the research location using qualitative descriptive analysis techniques to answer the problems.The results of the research and discussion concluded that the Public Prosecutor in splitting the case files (splitsing) in a criminal case is to prove the guilt of the defendant in the trial, in criminal cases there is a shortage of witnesses, the status between the defendants is different, there are defendants who are still underage, cases that are offenses participation (deelneming), and in cases where some of the perpetrators have not been caught. Meanwhile, the method of proof from a case file using the splitting method for the inclusion offense is in the testimony of witnesses in which the defendant is used as a witness for other defendants, due to the lack of witness evidence in the case of participation crimes (deelneming). The trial process used remains the same as for ordinary criminal cases in general.
PERANAN LEMBAGA BANTUAN HUKUM JARINGAN ADVOKASI MASYARAKAT BORNEO DALAM MEMBERIKAN BANTUAN HUKUM BAGI MASYARAKAT TIDAK MAMPU Asni, Muhammad Ramadhani
Journal of Law ( Jurnal Ilmu Hukum ) Vol 8, No 2 (2022): Journal of Law
Publisher : Universitas 17 Agustus 1945 Samarinda

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ABSTRAKSkripsi ini membahas tentang Pemberian Bantuan Hukum Terhadap Masyarakat Tidak Mampu Yang Dilakukan Oleh Lembaga Bantuan Hukum Jaringan Advokasi Masyarakat Borneo. Pokok permasalahannya adalah bagaimana peran Lembaga Bantuan Hukum Jaringan Advokasi Masyarakat Borneo dalam pemberian bantuan hukum terhadap masyarakaat yang tidak mampu, bagaimana kendala yang dihadapi Lembaga Bantuan Hukum terhadap masyarakat yang tidak mampu Jenis penelitian yang digunakan penulis adalah kualitatif kemudian dipaparkan secara deskriptif dengan menggunakan pendekatan penelitian yuridis sosiologis artinya suatu penelitian yang dilakukan terhadap keadaan nyata masyarakat atau lingkungan masyarakat dengan maksud dan tujuan menemukan fakta yang kemudian menuju pada identifikasi dan pada akhirnya menuju kepada penyelesaian permasalahan. Hasil penelitian menunjukkan bahwa Peran Lembaga Bantuan Hukum Jaringan Advokasi Masyarakat Borneo dalam pemberian bantuan hukum terhadap masyarakat yang tidak mampu yaitu dengan memberikan bantuan kepada para pencari keadilan bagi masyarakat dalam bentuk Litigasi dan Non Litigasi. Litigasi dalam lingkup pengadilan serta, non litigasi dalam lingkup non pengadilan tanpa biaya atau Prodeo. Kendala yang dihadapi Lembaga Bantuan Hukum Jaringan Advokasi Masyarakat Borneo dalam pemberian bantuan hukum terhadap masyarakat yang tidak mampu yaitu; minimnya pengetahuan tentang eksistensi dan peranan Lembaga Bantuan Hukum Jaringan Advokasi Masyarakat Borneo, anggapan masyarakat bahwa Lembaga Bantuan Hukum Jaringan Advokasi Masyarakat Borneo berbayar, terbatasnya sumber daya manusia di Lembaga Bantuan Hukum Jaringan Advokasi Masyarakat Borneo, kurangnya dukungan pemerintah, Lembaga Bantuan Hukum  Jaringan Advokasi Masyarakat Borneo belum terakreditasi sehingga belum mendapatkan bantuan dana dari pemerintah sehingga dana yang digunakan menjadi dana pribadi.Kata kunci : LBH JAMB,masyarakat kurang mampu,Inplementasi.
PENERAPAN SANKSI PIDANA TERHADAP MUCIKARI PROSTITUSI MENURUT KITAB UNDANG-UNDANG HUKUM PIDANA Nada, Bulan Agustina
Journal of Law ( Jurnal Ilmu Hukum ) Vol 8, No 2 (2022): Journal of Law
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ABSTRACTIndonesian society is known as an ethical and moral religious society, but it cannot be denied that the problem is that there are still many crimes of pimps still rife. Pimping is an act of facilitating a person's obscene or adultery in exchange for money and making this act a livelihood. The act of pimping that deviates from the provisions of the law and has violated the norm is a criminal act.The type of research used in this paper is normative legal research with a law approach and several primary, secondary and tertiary legal sources.The act of pimping that facilitates obscene acts by other people with other people and profiting from obscene acts has been regulated in the Criminal Code, that the act of taking advantage of the obscene acts of a woman and making it a livelihood is a criminal act of pimping and whoever commits the crime of pimping will be subject to Article 296 and Article 506 of the Criminal Code in the form of a criminal sanction of imprisonment for a maximum of one year. The provisions for the crime of pimping are also regulated outside the Criminal Code, this aims to anticipate all types of actions in the process, method or all forms of exploitation that will occur.The factors that caused pimps to offer prostitutes services at guesthouses after the closure of lokalisasis were due to economic needs, because they were used to getting lots of money quickly and easily from taking advantage of offering the services of commercial sex workers, pimps carried out their actions in guesthouses in Pasuruan secretly. hide to earn money from peddling commercial sex workers.Keywords: application, criminal sanctions, pimping.
KEKUATAN PERDAMAIAN YANG DILAKSANAKAN DIDALAM SIDANG PERDATA DI PENGADILAN NEGERI SAMARINDA BERDASARKAN PERMA NO. 01 TAHUN 2016 TENTANG MEDIASI DAN AKIBAT HUKUMNNYA Majid, Mega Awalia
Journal of Law ( Jurnal Ilmu Hukum ) Vol 8, No 1 (2022): Journal of Law
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ABSTRACT As individuals who have free will, humans have their own interests. These interests are often in the same direction and in line with the interests of others around them. However, their interests often conflict with each other, giving rise to disputes or disputes that interfere with the harmony of living together. Based on that event, rules are needed as a means to solve problems that arise in order to create balance in life in order to create peace.law enforcers in mediation procedures are mediators and one of the common mediators is judges in district courts. In his duties, a mediator must work according to existing procedures. Due to a change in the mediation procedure through a Supreme Court regulation issued by the government, as for the formulation and limitation of the problem, how is the power of peace implemented in the Samarinda District Court session in relation to Perma no. 1 of 2016 and how is the existence of mediation in the settlement of peace in the Samarinda District Court according to Regulation No. 1 of 2016.The peace deed as outlined in the court's decision has three powers like an ordinary decision, namely binding power, evidentiary power, and executive power. The existence of mediation in the settlement of civil disputes in court in PERMA No. 1 of 2016 contains ten regulatory principles regarding the use of integrated mediation in court (court-connected mediation) which includes mandatory mediation, the autonomy of the parties, mediation in good faith.the disputing parties should be able to carry out problem-solving by means of deliberation before going through a court process which can take time and a lengthy trial process. Keywords: the power of peace, mediation
PERLINDUNGAN HUKUM BAGI PENGGUNA JASA EYELASH EXTENSION DAN SULAM ALIS PADA SALON KECANTIKAN DI KOTA SAMARINDA BERDASARKAN UNDANG UNDANG NO 8 TAHUN 1999 TENTANG PERLINDUNGAN KONSUMEN Angela, Merda
Journal of Law ( Jurnal Ilmu Hukum ) Vol 8, No 2 (2022): Journal of Law
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ABSTRACTLegal protection for users of Eyelash Extension and Eyebrow Embroidery services at beauty salon services in the city of Samarinda based on Law No. 8 of 1999 concerning Consumer Protection, there are formulations of research problems, namely 1) How is the practice of eyelash extension and eyebrow embroidery services at beauty salons in Samarinda city; 2) What is the form of legal protection for users of eyelash extension and eyebrow embroidery services at a beauty salon in Samarinda city.The research method used by researchers is a type of normative research. The data collection technique used in this study was literature study and was supported by interviews in the form of several oral questions. Meanwhile, data analysis using primary, secondary, and non-legal materials has been processed deductively.As for the results of the study, it can be concluded that 1) In the practice of the eyelash extension installation service, the process of connecting artificial eyelashes to the original eyelashes, the process of connecting this eyelash also lasts for 30 minutes to 1 hour and the eyebrow embroidery service, the eyebrow embroidery technician will clean the hair- fine hair on the eyebrows to map the shape of the eyebrows that match the service user's face. this eyebrow embroidery procedure ranges from 1-2 hours; 2) Review of Law Number 8 of 1999 concerning Consumer Protection, namely in Article 4 of Law Number 8 of 1999 it has been mentioned regarding consumer rights, and in article 7 of Law Number 8 of 1999 concerning Consumer Protection it is also stated that every business actors have the obligation to provide compensation, compensation and / or compensation for losses resulting from the use of goods and / or services. This is also regulated in the provisions of Article 26 of Law No. 8 of 1999 concerning Consumer Protection, which states that if consumers suffer losses in the form of damage, pollution, or financial and health losses due to consuming traded products, the producers as business actors are obliged to provide compensation. , whether in the form of refunds, replacement of goods, maintenance, or by providing compensation.Keywords : Consumer Protection, Service Practices, Eyelash Extension and Embroidery Eyebrows, Compensation
TINJAUAN YURIDIS PERJANJIAN KONTRAK KERJA KARYAWAN TEMPAT HIBURAN MALAM DI KOTA SAMARINDA PADA MASA PANDEMI COVID-19 Saputro, Rahmat Andi
Journal of Law ( Jurnal Ilmu Hukum ) Vol 8, No 1 (2022): Journal of Law
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ABSTRACT The presence of the Covid-19 virus has had a very broad impact. In particular, the night entertainment industry has also been affected by the Covid-19 pandemic in Samarinda City. With this pandemic, it will also affect the work contract agreement at night entertainment venues, especially regarding the rights and obligations between Muse Entertaimant and employees.The problems raised in this study are the work contract agreements for night entertainment employees in Samarinda City during the Covid-19 pandemic and forms of legal protection for the rights of night entertainment employees in Samarinda City during the Covid-19 pandemic.The type of research used is normative juridical research, the problem approach used in writing this thesis is a statutory approach.The results showed that the form of employment contract agreement at Muse Entertainment Samarinda had implemented a work contract agreement in accordance with Article 1 paragraph (14) of Law Number 13 of 2003 concerning Manpower. Then the contents of the agreement letter contain some of the requirements listed and are in accordance with the provisions in Article 52 paragraph (1) of Law Number 13 of 2003 concerning Manpower. In the employment contract agreement, there is no stipulation on what to do when an unexpected event occurs. Muse Entertaimant Samarinda continues to carry out its obligations by providing fixed wages and benefits but no bonuses. Bonuses are non-fixed allowances in the sense that they are only given when a target is achieved. The form of protection of workers' rights that is carried out by Muse Entertainment in terms of economic protection provides employees' rights in the form of wages and fixed benefits to employees, as well as providing social welfare protection that can be said to be successful in retaining all of its employees even though in difficult situations like this, not all companies can do it. Keywords: Employment Contract, Covid-19, Night Entertainment

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