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TINJAUAN YURIDIS TERHADAP ANAK BEDA AGAMA BERDASARKAN HUKUM ISLAM Silviani, Sania
Journal of Law ( Jurnal Ilmu Hukum ) Vol 8, No 1 (2022): Journal of Law
Publisher : Universitas 17 Agustus 1945 Samarinda

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ABSTRACTWith its diversity of culture, race, customs, and religions, Indonesia is faced with a variety of legal perspective issues, in this case, related to controlling the change of belief and inheritance. These view differences often create legal problems, especially when it comes to inheritance. In Islamic law, it is defined that the right of children with a different religion to claim their parents' assets after they die will be obstructed (hijab). This Islamic inheritance law is different from the Indonesian civil law. Therefore, it is interesting to examine the inheritance law according to Islamic law in Indonesia. This study employs a normative method that analyses data from both primary and secondary legal materials. This study aims to determinehow Islamic law applies to the juridical evaluation of children with different religions. This examination is crucial because children are the descendants and the successors of theirparents. However, at a time when religious differences complicate their inheritance right, it will become a serious issue. In Islamic law, it does not necessarily mean that children will lose their right to a legal review or their inheritance right. It has been explained in The Quran and Shahih Bukhari that children with different religions due to conversion are highly praised. It is also stated that children will inherit their parents' assets through a method of “gift” or giving someone a present while they are still alive.

TANGGUNG JAWAB DEVELOPER BAGI KONSUMEN ATAS PERJANJIAN JUAL BELI RUMAH DENGAN MEKANISME PERJANJIAN PERIKATAN JUAL BELI (PPJB) Manopo, Christian Luther
Journal of Law ( Jurnal Ilmu Hukum ) Vol 8, No 1 (2022): Journal of Law
Publisher : Universitas 17 Agustus 1945 Samarinda

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ABSTRACTBuying a house usually begins with PPJB as a binder between the developer and the consumer. However, over time, the implementation has been in many portraits of mourning that often reveal the news in the country that disappoints the public as consumers. The low awareness and knowledge of consumers so that they have a greater risk of consumer rights. The problem raised in this paper is the responsibility of the developer to the consumer for the house sale agreement with the mechanism of the sale and purchase agreement (PPJB) and the efforts that can be made by the consumer if the developer does not implement the sale and purchase agreement (PPJB).The type of research used is normative juridical with a statute approach.The responsibility of the developer to the consumer is the loss suffered by the consumer as regulated in Article 19 of Law Number 8 of 1999 concerning Consumer Protection. The developer is also responsible for correct information as well as building quality assurance. The developer's responsibility does not end there, during construction to the maintenance period the developer is also responsible for the quality of the building until the end of all sale and purchase binding agreements and the efforts made by consumers if the developer is unable to carry out the sale and purchase agreement (PPJB), namely, The first step is to ask the developer for existing problems, it can call or reprimand the developer. If it is not from the developer, it can file a lawsuit with the local district court. Keywords: Responsibility, Sale And Purchase Agreement, Developer

AKIBAT HUKUM TERHADAP DEVELOPER PERUMAHAN YANG TIDAK SEDIAKAN SARANA, PRASANA, UTILITAS BERDASARKAN PERATURAN PEMERINTAH NOMOR 12 TAHUN 2021 TENTANG PENYELENGGARAAN PERUMAHAN DAN KAWASAN PERMUKIMAN Afriza, Noviedz Zulvan
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 development in Indonesia is mostly done by developers. The increasing number of developers in the housing sector certainly makes it easier for people to make their choices in choosing a house according to their respective financial capabilities. When the housing is still under construction, housing marketing can be done through a pre-sales purchase agreement (PPJB) system that must include certainty on several things, one of which is the availability of infrastructure, facilities, and public utilities. However, in practice, it will be a problem if there is a discrepancy between what is listed in the brochure or advertisement in the form of product information, with what is contained in the sale and purchase agreement signed by the consumer, especially if there is no availability of infrastructure, facilities, and public utilities. In other words, the developer is in default.The problems raised in this paper are legal consequences for developers who do not provide public infrastructure, facilities, and utilities based on Government Regulation Number 12 of 2021 concerning the Implementation of Housing and Settlement Areas and legal remedies that consumers can take, if the developer defaults.The type of research in this research is normative legal research. The approach method of this research is the approach to legislation (Statue approach). The technique of collecting legal materials used by the authors of the literature study.The results of the study show that the legal consequences for developers who do not provide infrastructure, facilities, and public utilities, developers can be subject to administrative sanctions as stipulated in Article 50 number 15 of Law Number 11 of 2020 concerning Job Creation and the developer concerned can also be charged. criminal offense if it results in victim/damage to health, safety, and/or the environment. Based on Article 50 point 16 of Law Number 11 of 2020 concerning Job Creation.Efforts that can be made by consumers if the developer is negligent of the contents of the PPJB. Consumers in the first step can ask the developer regarding existing problems, after that they can call or reprimand the developer. If there is no response from the developer, they can file a lawsuit to the local district court. Keywords: Legal Consequences, Developer, Infrastructure and Public Utilities

TINJAUAN HUKUM TERHADAP PENINGKATAN PELAYANAN PASPOR RI DI ERA DIGITAL PADA KANTOR IMIGRASI KELAS I A TPI (TEMPAT PEMERIKSAAN IMIGRASI) SAMARINDA Agustina, Agustina
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 This study discusses the legal review of how to improve passport services and efforts to improve passport services in the digital era at the Immigration Office Class I TPI (Immigration Checkpoint) Samarinda. As explicitly stated in Law Number 6 of 2011 concerning Immigration, a passport is one of the travel documents issued by the Government of the Republic of Indonesia which is intended for Indonesian citizens who wish to travel abroad, therefore, the Class I Immigration Office TPI (Immigration Checkpoint) Samarinda as one of the technical implementing units under the Directorate General of Immigration of the Ministry of Law and Human Rights of the Republic of Indonesia continues to innovate and improve passport services for the community. Through the Regulation of the Minister of Law and Human Rights of the Republic of Indonesia Number 08 of 2014 concerning Ordinary Passports and Travel Letters Like Passports, it shows that the provisions related to Indonesian passport services for the community have been implemented properly by the Immigration Office Class I TPI (Immigration Checkpoint) Samarinda, therefore growth in the quality and quantity of Indonesian Passport services at the Immigration Office Class I TPI (Immigration Checkpoint) Samarinda continues to increase in line with the duties and functions of the Immigration Office in general as well as the efforts made by the Immigration Office Class I TPI (Immigration Checkpoint) Samarinda in improving passport services Indonesia in the current digital era goes through 3 steps, including the Eazy Passport Service, SIMPATIK Passport Service and M-Passport Service, the three forms of services that have been provided by the Immigration Office Class I TPI (Immigration Checkpoint) Samarinda of course in line with the policy direction of using digital technology. which of course aims to realizing the effectiveness and efficiency of Indonesian passport services to the public Keywords: Immigration, Service, Passport

TINJAUAN YURIDIS TERHADAP HAK PEKERJA LEPAS DI PIZZA HUT S. PARMAN SAMARINDA DALAM PERSPEKTIF HUKUM POSITIF Febriani, Putri
Journal of Law ( Jurnal Ilmu Hukum ) Vol 8, No 2 (2022): Journal of Law
Publisher : Universitas 17 Agustus 1945 Samarinda

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ABSTRACTPolicies in the field of manpower in the national development program are always endeavored to create as many job opportunities as possible in various fields. The working relationship between workers and employers themselves must be based on an agreement so that the rights and obligations of each party can be guaranteed. At this time many companies use freelance workers to support the company's business. The problem in this study is the implementation of the agreement and protection of the rights of freelancers using a work agreement for a certain time, in which workers' rights are limited, there is no balance between the rights and obligations of freelancers according to Law Number 13 of 2003 concerning Manpower. The research objective is to analyze the rights of freelance workers in Indonesian positive law. This type of research is normative juridical which is library research and uses a statutory and conceptual approach. Through literature study researchers collect documents and data to be processed using content analysis methods. The results of the study concluded that the impact of intense business competition stemming from global economic developments made companies change their business management structure by reducing management control, one of which was by implementing the practice of using freelance workers for companies to reduce production costs. With the management of the use of freelance workers that has been going on, it does not guarantee the labor rights they should get, especially in terms of remuneration carried out by certain companies. Legal protection for casual workers in Indonesia is regulated in Law Number 13 of 2003 concerning Manpower. One of the reasons for the birth of Law Number 13 of 2003 concerning Manpower is that several laws and regulations that have been in effect so far place workers in a disadvantageous position in the workforce placement service and industrial relations system which highlight differences in position and interests so that they are seen as having no longer in accordance with the needs of the present and the demands of the future. As well as obtaining the right to obtain equal opportunities and treatment without discrimination. Keywords: Freelance Workforc, Law Enforcement, Legal Protection, Positive Law.

PERTANGGUNGJAWABAN OKNUM NOTARIS DALAM TINDAK PIDANA TURUT SERTA MELAKUKAN PENGGELAPAN SERTIFIKAT Armandau, Dicky
Journal of Law ( Jurnal Ilmu Hukum ) Vol 8, No 1 (2022): Journal of Law
Publisher : Universitas 17 Agustus 1945 Samarinda

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ABSTRACTA Notary is an ordinary person who in carrying out his duties may deviate from the applicable legal rules.The method used in this research is normative, which examines and relates criminal acts committed by a notary with the concept of legal principles and elements of criminal acts based on the Criminal Code (KUHP) and the Law on Notary Positions (UUJN).The purpose of this study is to find out how the responsibility of notaries in criminal acts of participating in embezzlement of Property Rights Certificates based on Court Decisions and how the legal consequences of criminal convictions participate in embezzling Property Rights Certificates by notaries who have permanent legal force against the implementation of the position of a Notary and Notary code of ethics.The result of this research is that although the Notary Position Act (UUJN) does not regulate the existence of criminal sanctions against a Notary, it does not mean that a Notary as a public official is immune from the law. If a Notary in carrying out his duties is proven to have committed a crime and fulfills its elements, a Notary can be sentenced to criminal sanctions in accordance with the crime he has committed, which will refer to the Criminal Code (KUHP).Criminal responsibility for embezzlement committed by a Notary, namely a Notary will be given a prison sentence if he has fulfilled the elements of a criminal act of embezzlement as stipulated in Article 372 of the Criminal Code in conjunction with Article 55 paragraph (1) first.The legal consequences received by a Notary if he commits a criminal act and has permanent legal force with imprisonment for less than 5 (five) years, the Notary can still continue his profession as a Notary as long as he is not dishonorably dismissed by the Ministry of Law and Human Rights. Keywords: Accountability; embezzlement; Notary

TINJAUAN PERLAKUAN KHUSUS TERHADAP DEBITUR BANK PADA MASA PANDEMI COVID-19 DI BANK BCA KANTOR CABANG UTAMA SAMARINDA Arifin, Billy
Journal of Law ( Jurnal Ilmu Hukum ) Vol 8, No 1 (2022): Journal of Law
Publisher : Universitas 17 Agustus 1945 Samarinda

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ABSTRACTIONThe emergence of Covid-19 greatly affected the growth of the economic and financial sectors in Indonesia. The government through the Financial Services Authority (OJK) has released a regulation on national economic stimulus due to the spread of Coronavirus Disease 2019 (Covid-19). As a form of support for this policy, BCA established a policy regarding credit restructuring as a form of special treatment given to Debtors affected by the 2019 Coronavirus Disease pandemic. The issue raised in this paper is how BCA Bank Samarinda Main Branch Office responds to the Financial Services Authority (OJK) Regulation. 2020 regarding the national economic stimulus as a countercyclical policy on the impact of the spread of coronavirus disease 2019 and whether special treatment of Debtors during the Covid-19 period affected the balance of interests between BCA Bank, Samarinda Main Branch Office and its debtorsThis type of research is a type of empirical legal research that is oriented to primary data (results of field research).The results showed that PT Bank Central Asia Tbk. (BCA) at both the Samarindan City branch office and all BCA branches in Indonesia fully supports government policies in an effort to prevent and cope with the Coronavirus Disease 2019 (Covid-19) pandemic. As a form of support, BCA establishes a policy regarding credit restructuring, namely providing relief to Debtor customers affected by Coronavirus Disease 2019 (Covid-19) in adjusting payment of obligations. BCA in this case provides relief or restructuring in several forms tailored to the condition of the debtor and / or the debtor's business. Through this stimulus policy, BCA views this step as a policy in accordance with objective conditions as an effort to protect the interests of the common economy. Through this stimulus policy, banks will also have the opportunity to have wider movement so that the formation of bad loans can be controlled and make it easier to provide new credit to their borrowers. By encouraging the optimization of banking performance, particularly the intermediation function, maintaining financial system stability and supporting economic growth. Keywords: Special Treatment Forests, Covid-19, BCA.

KEDUDUKAN ANAK ANGKAT DALAM HAK WARIS MENURUT KITAB UNDANG–UNDANG HUKUM PERDATA Rosalina, Adelia
Journal of Law ( Jurnal Ilmu Hukum ) Vol 8, No 1 (2022): Journal of Law
Publisher : Universitas 17 Agustus 1945 Samarinda

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AbstractAdoption of a child is an act in a legal event that gives birth to a new relationship, namely between the adoptive parents and the adopted child. Adoption of children in Indonesia is a common thing for Indonesian people, not a few of those who are not blessed with children adopt children. The purpose of writing is to find out the procedure for adopting children according to the Civil Code Law and to find out the position of the adopted child in obtaining inheritance rights according to the Civil Law Code. The type of research method used is a normative research method with a statute approach. Data collection techniques were carried out by literature study and data processing was carried out by collecting complete literature. The results of the research and discussion concluded that the adoption procedure can be carried out bymeans of prospective adoptive parents registering their application and then waiting for an email to conduct a trial by presenting the applicant's witnesses to strengthen the information in the adoption process, if accepted, the panel of judges will decide and make a court ruling. . While the position of an adopted child in inheritance rights according to civil law is the same as a biological child/legitimate child, for that he has the right to inherit the inheritance of his adoptive parents according to law or inherit based on testamentary inheritance law if he gets a testament (will grant).

TINJAUAN YURIDIS PUTUSAN AKTA PERDAMAIAN DI PENGADILAN AGAMA SAMARINDA MENGENAI HAK ASUH ANAK DI BAWAH UMUR PASCA PERCERAIAN Safrian, Febri
Journal of Law ( Jurnal Ilmu Hukum ) Vol 8, No 1 (2022): Journal of Law
Publisher : Universitas 17 Agustus 1945 Samarinda

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ABSTRACTEveryone desires that the marriage he undertakes to remain intact throughout his lifetime, but many marriages which are so painstakingly established have to end in a divorce. the husband and wife who are going to divorce need to consider the problem of the child who has been born in that marriage. In the case of divorce, it will have legal consequences for the child, especially in the custody of minors. This research uses the juridical normative method, namely research that refers to the legal norms contained in statutory regulations and court decisions from the Religious Courts regarding the peace deed decisions regarding the custody of minors after divorce. The court is passive, meaning that it is just waiting, the initiative to take legal remedies is entirely dependent on the parties who are in the case, the Religious Courts should be able to impose sanctions on one of the parties who do not implement what has been agreed in the peace deed, thus the Court can impose sanctions on the parties. who do not implement what has been agreed in the peace deed? If there is a violation, the aggrieved party can submit a new application to the Head of the Religious Court to determine the implementation of the contents of the peace deed decision. Keywords: Peace Deed, Child Custody

PROSEDUR PEMBUATAN RELAAS AKTA BERITA ACARA RAPAT UMUM PEMEGANG SAHAM (RUPS) PERSEROAN TERBATAS DENGAN MENGGUNAKAN MEDIA TELEKONFERENSI Wahono, Selamet
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 spread of COVID-19 that has occurred almost all over the world has had a major impact on various aspects, one of which is the holding of the General Meeting of Shareholders (GMS) by meeting face-to-face. In order to minimize the spread of COVID-19, holding the GMS by means of face-to-face meetings can be replaced with an online GMS through teleconference media. The notary's role is to make the Deed of Minutes of the GMS which is held online to ensure certainty, order and legal protection.The research method used is normative juridical by researching library materials using a statute approach.Based on the results of the research, the answers to the formulation of the problems put forward are: The procedure for making the Relaas of the Minutes of the General Meeting of Shareholders (GMS) of a Limited Liability Company using Teleconferencing Media is a Notary who acts in his position as a public official is present using Teleconferencing Media and makes a Deed of Minutes The GMS is based on what the Notary has seen and heard from the beginning until the end of the GMS. The legal basis for making the Relaas of the Minutes of the General Meeting of Shareholders (GMS) of a Limited Liability Company made by a Notary using Teleconferencing Media is the provisions of Article 15 paragraph (1) of the UUJN in conjunction with the provisions of Article 1868 of the Civil Code and the preparation of the Relaas of the Minutes of the GMS must comply with the following provisions: the provisions contained in the provisions of Article 38, Article 39, Article 40, and Article 44 of the UUJN. Keywords: Deed Relaas, GMS, Teleconference

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Location Kota samarinda, Kalimantan timur INDONESIA

Abstract

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Contact Name
-

Contact Email
-

Phone
-

Journal Mail Official
-

Editorial Address
-

Location
Kota samarinda,

Kalimantan timur

INDONESIA