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IMPLEMENTASI SISTEM PERADILAN BERBASIS ONLINE (E-COURT) DITENGAH PANDEMI COVID 19 DALAM PENYELESAIAN PERKARA PERDATA OLEH ADVOKAT DI PENGADILAN NEGERI SAMARINDA Imron, Nathannael Stanlis
Journal of Law ( Jurnal Ilmu Hukum ) Vol 8, No 2 (2022): Journal of Law
Publisher : Universitas 17 Agustus 1945 Samarinda

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ABSTRACTSupreme Court Regulation Number 1 of 2019 or hereinafter abbreviated as PERMA Number 1 of 2019 is a revision of the previous Supreme Court Regulation, namely: Supreme Court Regulation Number 3 of 2018 concerning the Administration of Cases in Electronic Courts. service needs that are easier, cheaper, and more efficient. This service requirement is difficult to achieve without the support of information technology. Especially during a pandemic like now, the presence of PERMA is expected to be one of the answers to several problems faced by the community.The formulation of the problem in this study is what is the legal basis for the application of e-court by advocates in the settlement of civil cases in the general court in the city of Samarinda and how is the application of e-court by advocates in the settlement of civil cases at the Samarinda District Court. The type of research conducted by researchers is research that uses empirical juridical research methods where researchers can collect data through interviews.From the results of this study, it can be concluded that the e-court that occurred at the Samarinda District Court has met the effectiveness and is based on the law in a case that is more effective and efficient. Indicators of the effectiveness of e-court in this case can be seen from the fulfillment of a judicial institution that is simpler, faster, and cheaper when compared to the ordinary legal process. In litigation cases through e-court, both parties seeking justice and the court concerned get better benefits than litigation in the usual way, which can be seen from a simpler process, faster time so that from both cases the costs incurred are also more. spent. easier for justice seekers and also easier for advocates in the judicial process.Keyword : Justice System, E-Court, Samarinda District Court

KEWAJIBAN ORANG TUA DALAM MELAPORKAN ANAKNYA SEBAGAI PECANDU NARKOTIKA DITINJAU BERDASARKAN UNDANG-UNDANG NOMOR 35 TAHUN 2009 TENTANG NARKOTIKA Nur, Adi Pratama
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 number of children who become victims of narcotics higher each year required an effective way in order to reduce the number of children who become drug addicts getting down. The authors need to raise the issue of children who become addicted to narcotics, to be a deterrent effect for the cause of children becoming drug addicts, and to be also held the responsibility. The purpose of this thesis, namely: First, the need for criminal responsibility by parents to their eraser against liability legislation of conflicting namely Law On Narcotics with the Child Protection Act. This type of research can be classified into types of normative legal research that discusses the general principles of law, systematic law, and comparative law. From the research there are problems, there are two main things that data concluded. First, So if I researched, the person most responsible for actually increasing the number of children who become a drug addict is a parent. In accordance with Act No. 35 of 2014, the parent is obliged to protect the mental and physical development of the child. And if the author is raised through the theory of criminal liability, the parent is the person most responsible. Thus, according to the author of the number of children who become drug addicts rehabilitated and imprisoned should be accompanied by a parent who participates become criminal offenders because they have neglected to keep her child. In accordance with Article 55 Paragraph (1) of Law No. 35 of 2009, parents have been deemed to know even though he did not know if his son became a drug addict, and if it does not do notable be subject to criminal sanctions in accordance with Article 128 of Law No. 35 of 2009. Second, the author also analyzes the juridical what if the parents have their own initiative to undertake rehabilitation treatment in private by not required to report to the authorities in accordance with Law No. 35 of 2009. On one side of the parents run the obligation to carry out rehabilitation treatment to children with do not nofitable due to negative stigma society and can be a delay in the child’s education according to the Law on the Protection of children.

TINJAUAN YURIDIS HUKUM WARIS BAGI KHUNSA ATAU BERKELAMIN GANDA DALAM PANDANGAN HUKUM ISLAM Jauhari, Zaidan
Journal of Law ( Jurnal Ilmu Hukum ) Vol 8, No 1 (2022): Journal of Law
Publisher : Universitas 17 Agustus 1945 Samarinda

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ABSTRACK Humans are grouped as male and female and at birth are treated as boys and girls by parents and it is easy to learn gender as adults. However, for a small number of people, the effort to develop a gender identity is a problem. It means multiple sexes.The type of research used by the author is normative or doctrinal juridical law research, the explanation of which is normative legal research, another name is doctrinal legal research which is also referred to as library research or document study.Multiple sexes in Islam are called Khunsa, Khunsa is divided into 2 namely Khunṡa Ghairu musykil (Khunṡa That Is Not Difficult or Clear) and Khunṡa musykil which is very difficult to determine it cannot be known whether he is male or female, because there are no signs that indicate masculine or vague. However, the mujtahids have determined two ways to determine the sex of the khuna, namely from the genitals and examining the signs of maturity. can also be carried out genital surgery whose purpose is repair or refinement.The distribution of inheritance for a khuntsa ghairu muskyil is seen from his status after going through several ways by seeing the first discharge of urine and also from the signs of maturity. The division of the inheritance of a mushkil khuntsa according to the Shafi'i khuntsa school is given the smallest share of the male and female share then the rest of the property is suspended. Keywords: Law of Inheritance.Status.Multiple.

PERLINDUNGAN HUKUM BAGI TENAGA KERJA PENYANDANG DISABILITAS UNTUK MENDAPAT KESEMPATAN KERJA BERDASARKAN UNDANG UNDANG NOMOR 08 TAHUN 2016 TENTANG PENYANDANG DISABILITAS Sari, Rahma
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 study discusses the workforce is part of the subject of employment which is considered capable of doing a job in order to produce goods or services both to meet the needs of themselves and the community. Protection for Workers, especially Workers with disabilities where the government guarantees the safety and existence of workers with disabilities is recognized by the community in general. Explicitly in international legal provisions that position persons with disabilities as part of citizens whose rights must be fulfilled in the perspective of Human Rights, contained in Law Number 8 of 2016 concerning Persons with Disabilities, the regulation refers to previous regulations issued by the government, namely Law Number 19 of 2011 concerning Ratification of the Convention on the Rights of Persons with Disabilities, and Law Number 4 of 1997 concerning People with disabilities. Through research, this thesis seeks to answer existing problems using normative juridical methods, so from the research that has been carried out a conclusion can be drawn, that the government legislation has provided legal protection for workers with disabilities in obtaining job opportunities according to the Act. The 1945 Constitution of the Republic of Indonesia and the laws and regulations that are enacted with reference to the theory of human rights. The form of fulfillment of workers with disabilities in obtaining employment opportunities is through affirmative policies that must be implemented by inserting them into regulations that have been issued by the government. Reforms that must be implemented in affirmative action policies in the field of accessibility in obtaining employment opportunities for workers with disabilities are the responsibility of the state towards workers with disabilities in fulfilling their rights.

TINJAUAN HUKUM PEMBENTUKAN BADAN USAHA MILIK DESA (BUMDES) DITINJAU DARI UNDANG-UNDANG NOMOR 6 TAHUN 2014 TENTANG DESA Ricardo, Tobi
Journal of Law ( Jurnal Ilmu Hukum ) Vol 8, No 1 (2022): Journal of Law
Publisher : Universitas 17 Agustus 1945 Samarinda

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ABSTRACTLaw Number 6 of 2014 concerning Villages raises hope for the progress of the Village to increase its role in the economic system. Village-Owned Enterprises are regulated in CHAPTER X Article 87 paragraph 1 of Law Number 6 of 2014 concerning Villages, stating "Villages can establish Village-Owned Enterprises called BUMDes". In the Formation of Village-Owned Enterprises in Indonesia, there are still many villages that have not been able to form and do not understand how to establish Village-Owned Enterprises that have been mandated by the Village Law.The problem raised in this paper is how the process of forming a Village-Owned Enterprise is and what factors cause failure in the formation of a Village-Owned Enterprise. The type of research used is normative juridical research, based on researching library materials or secondary data consisting of primary legal materials, secondary legal materials and non-legal materials.The results showed that the process of forming a village-owned enterprise was carried out with the Village Deliberation to determine the name of the village-owned enterprise, select the board of directors, design and establish village regulations and articles of association, then register the village-owned enterprise at the ministry that carries out government affairs in the legal field. and human rights to obtain a legal entity certificate. Factors that cause failure in the formation of Village-Owned Enterprises are forming village-owned enterprises by trial and error without proper study, determining or choosing which business to run even though they do not master the chosen business, ending up giving up and being afraid to repeat, weak human resources and the limited basic infrastructure of a village.

PERLINDUNGAN HUKUM HAK CIPTA VIDEO DI MEDIA SOSIAL (YOUTUBE) DITAYANGKAN STASIUN TELEVISI TANPA IZIN PENCIPTA BERDASARKAN UNDANG-UNDANG NOMOR 28 TAHUN 2014 TENTANG HAK CIPTA Mebang, Lidia Magdalena
Journal of Law ( Jurnal Ilmu Hukum ) Vol 8, No 1 (2022): Journal of Law
Publisher : Universitas 17 Agustus 1945 Samarinda

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ABSTRACTVideo is a copyrighted work protected by Law Number 28 of 2014 concerning Copyright. In practice, there are still frequent violations of video copyright works which are the property of a creator, one of the violations that have occurred is when the video is uploaded to the internet site, namely Youtube and the video is shown on television without the permission of the video creator. The problems that arise now are how responsible television stations are to Youtube for videos that are broadcast on television, how legal protection is based on Law Number 28 of 2014 concerning Copyright for creators of videos uploaded on Youtube that are broadcast by television without the author's permission. This research uses normative legal research methods, namely according to the provisions of the law and the provisions of the prevailing laws and regulations. From the results of this research that the Youtube site has provided terms and conditions for video uploaders, and with these rules there will be a legal relationship and will give birth to rights and obligations for video creators and to television stations as third parties who take videos from Youtube that are broadcast on television station by taking the video, the television station must first obtain permission from the creator of the video and include Youtube courtesy (sourced from Youtube) and the name of the video creator. As for the profit earned by television stations by broadcasting the video commercially, the television station must also provide compensation in the form of a request for royalty sharing and the amount of royalty sharing often depends on the mutual agreement of the parties to the video creator.Keywords: Legal Protection, Copyright, Video.

PERLINDUNGAN HUKUM TERHADAP KORBAN TINDAK PIDANA KEKERASAN SEKSUAL BERDASARKAN UNDANG-UNDANG NOMOR 12 TAHUN 2022 TENTANG TINDAK PIDANA KEKERASARAN SEKSUAL Ramadhani, Muhammad Hadi
Journal of Law ( Jurnal Ilmu Hukum ) Vol 9, No 1 (2025)
Publisher : Universitas 17 Agustus 1945 Samarinda

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ABSTRACT. Law Number 12 of 2022 on Sexual Violence Crimes (UU TPKS) is presented as a form of legal reform that provides legal certainty for victims and accommodates various aspects of protection, including the right to recovery, assistance, and guarantees to obtain justice. The research discusses the forms of legal protection for victims of sexual violence crimes according to Law Number 12 of 2022 on Sexual Violence Crimes and the obstacles in law enforcement related to the protection of victims of sexual violence based on the Law on Sexual Violence Crimes. The research findings indicate that legal protection for victims of sexual violence crimes according to Law Number 12 of 2022 includes various important aspects, ranging from physical and psychological protection to protection of the victim's identity and privacy. This law also pays special attention to the social and economic recovery of victims, as well as providing equal access to justice through legal assistance. The challenges in law enforcement related to the protection of victims of sexual violence based on Law Number 12 of 2022 are very complex and involve various aspects. Social and cultural factors that still regard sexual violence as a taboo issue, a complicated and time-consuming legal system, as well as limited accessibility of services, are the main obstacles in providing optimal protection for victims. Keywords: Legal Protection, Sexual Violence.

TINJAUAN KRIMINOLOGIS TENTANG KEJAHATAN PENCURIAN KENDARAAN BERMOTOR RODA DUA DI WILAYAH HUKUM POLSEK KOTA SAMARINDA KALIMANTAN TIMUR Novianti, Rita
Journal of Law ( Jurnal Ilmu Hukum ) Vol 9, No 1 (2025)
Publisher : Universitas 17 Agustus 1945 Samarinda

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ABSTRACTAs relations between one community and another occur, various incidents arise, one of which is a legal incident due to the phenomenon of theft of two-wheeled motorized vehicles in the Samarinda city police area becoming a frequent problem, the high number of motorized vehicle theft cases has a significant impact on security and public order and gives rise to material and psychological losses for victims. The existence of this phenomenon can be the basis for selection in this problem. The formulation of this problem is to identify the causal factors that cause motor theft crimes, both internal factors that occur within the perpetrator, lack of education level and an individual's religious morals as one of the things that influence someone to commit a crime (stealing). and a lack of a person's level of piety and faith, this causes the crime of theft to occur. As well as external factors that occur due to the lack of economic conditions to meet daily needs, the environment also has a big influence on the occurrence of theft (especially living in an environment that supports stealing) and global developments which have a positive impact on the country but for individuals it becomes a matter of competition between one individual and another. another. This research method uses empirical juridical research, using primary and secondary materials so that it is analyzed qualitatively and the research in this thesis conducted interviews, namely interviews. By using this research method, it is hoped that we can answer the facts that occurred in the jurisdiction of the Samarinda City Police. From the interview process carried out, it can be concluded that the countermeasures carried out by the police involve preventive and repressive strategies. Preventive strategies aim to reduce the opportunity for perpetrators to commit crimes, while repression is carried out by enforcing the law against perpetrators who are caught. From the results of this research, it is hoped that it can provide a significant contribution in understanding the phenomenon of two-wheeled motor vehicle theft crimes in the jurisdiction of the Samarinda City Police. By understanding what factors influence the occurrence of these crimes, we can tackle this theft problem effectively. Keywords: Criminological, Motor Vehicle Thieft.

EVALUASI PELAKSANAAN PEMBINAAN EKS NAPITER DALAM MENINGKATKAN KUALITAS HIDUP DAN KEMBALI PRODUKTIF DI MASYARAKAT Bara, Fransiskus Novaliansen
Journal of Law ( Jurnal Ilmu Hukum ) Vol 9, No 1 (2025)
Publisher : Universitas 17 Agustus 1945 Samarinda

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ABSTRACT.In the context of law and policy, the rehabilitation program for former terrorists is based on the principles of correctional practice aimed at restoring and rehabilitating offenders so that they can lead productive lives and not repeat their mistakes. This study analyzes the effectiveness of the implementation of the rehabilitation program for former terrorists in improving their quality of life in society and the factors that support and hinder former terrorists from becoming productive again after undergoing rehabilitation. This research utilizes normative research, a process to discover legal rules, legal principles, and legal doctrines to address legal issues. The rehabilitation program for former terrorists in Indonesia plays an important role in improving their quality of life and facilitating their reintegration into society. Through skills training, psychosocial support, and deradicalization programs, many former terrorists have successfully developed economic independence and left extremist ideologies. Supporting and hindering factors play a significant role in determining the success of their reintegration process. Family support, community acceptance, economic assistance, and structured mentoring programs are the main factors that encourage former terrorists to live independently and contribute positively. Keywords: Coaching, Ex-terrorists, Productive.

PERAN KEPOLISIAN DALAM PENANGANAN KASUS NARKOTIKA DI INDONESIA Tefi, Natanael Andreas
Journal of Law ( Jurnal Ilmu Hukum ) Vol 9, No 1 (2025)
Publisher : Universitas 17 Agustus 1945 Samarinda

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ABSTRACT. The role of the police is very important in handling drug cases because they have the authority and responsibility to enforce the law in accordance with applicable regulations. One of the law enforcement officials who plays a crucial role in addressing drug abuse cases is the 'investigator', in this case, the police officers assigned to the narcotics division. This study discusses the role of the police in handling drug cases in Indonesia according to the relevant laws and regulations, as well as the challenges faced by the police in the investigation and handling of drug cases. This research is empirical law, examining based on the concepts of principles and laws related to this scholarly writing, usually referred to as library study, which involves studying regulations, books, documents, and others related to this writing. The role of the police in handling narcotics cases in Indonesia is very important and is clearly regulated in various laws and regulations, including Law Number 35 of 2009 on Narcotics and Law Number 2 of 2002 on the Police. However, the obstacles are very complex from various aspects. Starting from limited human resources and technology, low coordination between agencies, the complexity of international narcotics networks, to internal corruption within the police force, all these factors complicate efforts to eradicate narcotics. Keywords: The Role of the Police, Narcotics, Investigation.

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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