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TINDAKAN PREMANISME SEBAGAI TINDAKAN PIDANA DITINJAU DARI KITAB UNDANG-UNDANG HUKUM PIDANA DI KOTA SAMARINDA (POLSEKTA SUNGAI KUNJANG) maswedi maswedi
Journal of Law ( Jurnal Ilmu Hukum ) Vol 2, No 1 (2013)
Publisher : Universitas 17 Agustus 1945 Samarinda

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ABSTRACTThe times in the era of globalization not only brings great influence on the state Inonesia but also have an impact on the development of society, behavioral, and cultural shifts in the community.Such a situation is aggravated by the state of the Indonesian economy is getting weaker and the population growth rate is faster and it is not accompanied by adequate job creation. Giving rise to behavior that deviates from the public spotlight one author is an act of thuggery.Act of thuggery continues to grow from year to year so that makes unrest in society, thuggery in Indonesia is increasing fertile because thuggery has entered into the layers of people's lives, for example thuggery much employed in the company to facilitate their efforts there is also thuggery employed by the government with an excuse to protect them from external parties. It is very tragic dikehidupan a society in which the position of the security apparatus is no longer an option for those who are looking for security, but as we all know that this thuggery actions deviate from the provisions of the law but it is increasingly difficult to eradicate thuggery as we saw with thuggery until now still continue to exist even tend to increase.Decisive action of the apparatus is desirable in order to create a safe and orderly community life of this thuggery disorder.

TINDAKAN YURIDIS PEMERINTAH DAERAH DALAM PENERTIBAN PEKERJA ANAK JALANAN BERDASARKAN PERATURAN DAERAH NOMOR 16 TAHUN 2002 DI KOTA SAMARINDA Andi Septian Noor
Journal of Law ( Jurnal Ilmu Hukum ) Vol 2, No 1 (2013)
Publisher : Universitas 17 Agustus 1945 Samarinda

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ABSTRACT Research on street children dilaksanankan on the field and in the municipal police in the city of Samarinda LPA ( child protection agency ) , and NGO Insan Insan Borneo . The purpose of this research is to know about the condition , the problems facing street children and the constraints that dihadapu by Samarinda City Government to implement the Local Regulation . 16 Year 2002 on Street Children , especially to meet the kesejahteraanya as a child . The research method that I use is normative juridical method which is a form of research that basically took the sources of collecting data and studying the books in the library that there kaitanya the researchers, and research Juridical Empires is a form of research on suaru basically take the sources through field research with government agencies related to child Countermeasures terlantur . Data collection techniques using primary data collection and secondary data . And the results of a survey conducted on the streets to meet the child who addressed the rights and obligations of data about 188 children were scouted from the NGO that the top of the Regional Regulation 16 of 2002 affect the provisions of partially defined peace and public order .

TINJAUAN YURIDIS TENTANG PERBUATAN PIDANA SECARA BERLANJUT DI PERUSAHAAN SEBAGAIMANA DIATUR DAN DIANCAM PASAL 374 KUHP Jo. PASAL 64 AYAT (1) KUHP Suraya suraya
Journal of Law ( Jurnal Ilmu Hukum ) Vol 2, No 1 (2013)
Publisher : Universitas 17 Agustus 1945 Samarinda

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ABSTRACTApplication of Article 374 of the Criminal Code in conjunction with Article 64 paragraph ( 1 ) of the Criminal Code by the judges in the criminal case No. . 15/Pid.B/1999/PN.Smda is right , but the length of the sentence imposed by the judges apart from the things that burden and lighten the punishment meted out to the perpetrators of criminal acts of fraud committed company goods respectively - were . In connection with the criminal case that the defendant was sentenced to five (5 ) months , the authors suggest a very light sentence . In connection with the problems of classification of criminal acts of fraud as set forth and Article 374 of the Criminal Code punishable in conjunction with Article 64 paragraph ( 1 ) of the Criminal Code is a criminal act of fraud by weighting . As a result of legal action against the perpetrators of criminal fraud by weighting as provided for in Article 374 of the Criminal Code is imprisonment for - length 5 ( five ) years . While the criminal case No. verdict . 15/Pid.B/1999/PN.Smda as described above , the perpetrators of criminal acts of fraud committed company goods respectively - were included in the classification of criminal acts by weighting with imprisonment for 5 ( five ) months . Therefore , those who in the classification of criminal acts of fraud by weighting , the deed should be terminated by a pretty severe punishment

TINJAUAN YURIDIS ATAS KEWAJIBAN INVESTASI SAHAM PERUSAHAAN PENANAMAN MODAL ASING (PMA) DI BIDANG PERTAMBANGAN BATU BARA DI SAMARINDA BERDASARKAN UU NO. 25 TAHUN 2007 Jupri Jupri
Journal of Law ( Jurnal Ilmu Hukum ) Vol 2, No 2 (2013)
Publisher : Universitas 17 Agustus 1945 Samarinda

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ABSTRACT In the implementation of National Development , foreign investment has the role and position are very important for businesses as well as the center area . For foreign capital investment in the field of mining , especially PT . United Coal - Samarinda -based Housing Jl.DIPanjaitan . Citraland City office for the I -walk Blue Lane N0.01 in accordance with the legislation in force by the Chairman of BKPM ( Investment Coordinating Board ) on the basis of the Contract of Work . Foreign investment company that is run for the whole or part in Indonesia as a separate business unit to be incorporated Indonesian law and domiciled in Indonesia . PT . United Coal - Samarinda has been established in accordance with the terms of the shape , position and area trying applicable , all of the capital is foreign , must provide opportunities for participation by national capital effectively after a certain period of time and according to the balance prescribed by the Government . In fact , the efforts that have been made both Local and Central Government can not be fully implemented in our own strength . Various well as : capital accumulation has not been effective and efficient , Skills ( skills) , and management capabilities are not yet sufficient technology often creates a potential conflict between the needs of the real economic power by using funds derived from domestic and from abroad

PROBLEMATIKA DALAM PENEGAKAN HUKUM ATAS PELANGGARAN IZIN MENDIRIKAN BANGUNAN DI SAMARINDA Sri Indarni
Journal of Law ( Jurnal Ilmu Hukum ) Vol 2, No 1 (2013)
Publisher : Universitas 17 Agustus 1945 Samarinda

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ABSTRACTBased on the research that law enforcement against violations of Building Permit implementation by regional rule number 14 year 2002 about Building Permit in the city of Samarinda in that case is by giving advance warning by the Investigators Civil Servant (PPNS) to defendant for cease construction activities for temporary, which after being given a warning if the defendant did not also fulfill a building permit by the Investigators Civil Servant then made an investigation which resulted in the transfer of the file to be solved and decided at the District Court of Samarinda, and the verdict are the trial period of 6 months, jail for 3 months and gets charge case amounted Rp.1000, - (one thousand rupiahs). The law enforcement has been conducted in accordance with what is regulated in regional rule number 14 year 2002 about building permit in the City of Samarinda by the Regional Government of Samarinda. Based on decision of the District Court of Samarinda on that case are imposition of imprisonment for 3 (three) months, which was appropriate and not conflict with what has been regulated in regional rule number 14 year 2002 article 108 paragraph (1), which the maximum notice of imprisonment imposotion are maximum of 6 (six) months and with that imprisonment imposed also does not conflict with imposing notice one of the sanctions, which have been set out in article 108 paragraph (1) of regional rule about alternative sanctions besides imprisonment is highest penalty of Rp 50.000,- (fifty thousand rupiahs).

PELAKSANAAN PENYITAAN BARANG BUKTI DAN HAMBATANNYA YANG DILAKUKAN OLEH PENYIDIK POLRI DALAM PRAKTEK Ibnu Riza
Journal of Law ( Jurnal Ilmu Hukum ) Vol 3, No 1 (2014)
Publisher : Universitas 17 Agustus 1945 Samarinda

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ABSTRACT Process or seizure procedures of evidence in the case criminal is as follows : Before doing his job, the officer or investigator is required to obtain a license in advance from Chairman of the local Court except in a state that is very necessary and urgent; Showed his ID to the person from whom the object was confiscated; Authorities ordered the man who controls the object to be seized to be handed to him on a letter or posts originating from the suspect, shown to him, his or intended to be, or tools for committing a crime; Shows the object to be seized on the person of which the object was confiscated or his family and mark the items in the presence of the head of the village or neighborhood leaders with two witnesses; Make an official report of seizure, after read out then given a date, signed by the investigator, the person concerned or his family and two witnesses; Before the object or seized objects are included in the state confiscated items storage, it should be noted in advance about the weight or amount according to their kind, traits or characteristics of the object, place, day and seized dates, where the identity of the object was confiscated then wrapped, labeled and office stamp and signed by the investigator; For security interests when deemed necessary to shoot first. Some of the obstacles encountered by investigators in conducting seizure among others : Evidence are no longer intact or damaged; Evidence transferable to others; Evidence entered another entity; Collateral evidence made at the Pawnshop; Missing evidence was not found. Attempts by investigators overcoming these obstacles, among others : If the evidence transferable to others, then make D.P.O (Person Searches List) and D.P.B (Search List Item) sent to the ranks of the Police : if the evidence entered another entity, then to approach and unity where the evidence is located, by way of telling someone to buy the evidence in the hope that evidence may be out of the unity of regions and used as evidence; if the mortgaged evidence, then Police confiscate the evidence by asking the approval of foreclosure to the District Court in a decision of the District Court, then the pawnshop submit the evidence, although have to argue; If the missing evidence was not found, then investigator conducting an investigation on T.K.P (The Crime Scene); Finding statements of witnesses and suspects by collecting witnesses and suspect to find the truth of evidence no longer shaped like jewelry that has been melted by the buyer. Keywords : object evidence,investigator POLRI

SUATU TINJAUAN TUGAS DAN FUNGSI PAMONG PRAJA DALAM MENEGAKKAN PERATURAN DAERAH DI KABUPATEN KUBAR Yonathan Gun
Journal of Law ( Jurnal Ilmu Hukum ) Vol 3, No 1 (2014)
Publisher : Universitas 17 Agustus 1945 Samarinda

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Abstract Indonesian state in managing and organizing the system of government must have ideals to be achieved, the ideals and objectives is kritilisasi values are believed to be the truth by people who later used as the foundation in carrying out development dinegarannya. Similarly, the Indonesian state has a goal like that on the opening goal as stated in the preamble of the Constitution 45, particularly in the fourth paragraph to protect all the people of Indonesia and the entire country of Indonesia, promote the general welfare, the intellectual life of the nation and participate implement order and world peace based on freedom, abiding peace and social justice.Definition of Municipal Police under Act No. 32 of 2004 on Regional Government is the head of the area assigned to assist the region in order to hold public peace and order as well as organizing public peace and order and enforce the Regulation (Article 148 paragraph (1) of the Act No. 2 of 2004 on Regional Government).

PERLINDUNGAN HUKUM BAGI PENGGUNA JALAN TERHADAP KEBERADAAN TIANG LISTRIK OLEH PT.PLN (Persero) AREA SAMARINDA DI JALAN BUNG TOMO SAMARINDA SEBERANG KOTA SAMARINDA” (DITINJAU BERDASARKAN UNDANG-UNDANG NOMOR 22 TAHUN 2009 TENTANG LALU LINTAS DAN ANGKUTAN JA Jumintar Napitupulu
Journal of Law ( Jurnal Ilmu Hukum ) Vol 3, No 1 (2014)
Publisher : Universitas 17 Agustus 1945 Samarinda

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ABSTRACT Purpose of this study is order to knowing better the legal of road users regarding to the existence of an electric pole in the Bung Tomo street Samarinda Seberang ( Regulated by Law Number 22 of 2009 about the traffic and road transport). The research methodology used in this writing is judicial empiric with analytical descrivtive qualitative. The author deliberately the issu of legal protection of road user on the road law.Legal protection provided by the government through the Department of Public Works Government of East Kalimantan to road users in Samarinda Seberang Bung Tomo Street Samarinda city in terms of the tasks and functions as the principal organizer for the occurrence of road traffic congestion and accidents due to road users of road construction leaving a power pole on the shoulder of the road , given the form of providing protection to the victim insurance funds and according to the rules.In terms of legal protection as the title of this the relevant agencies either the Public Works East Kalimantan and PT . PLN ( Persero ) Samarinda area are expected to coordinate and synchronize the best execution of certain tasks this able to avoid either which hamper the smooth running of the program, work carried out by the relevant agencies as well as those undertaken by both parties ( contractors ) for the construction of Jl . SMD - SS ( Samarinda - Sanga Sanga ) by PT.PP - PAL , KSO which left a power pole on the shoulder of the road Jl . Bung Tomo pose a risk of traffic congestion so do traffic accidents . Keywords: Legal Protection, Road Users, Public Works

PROBLEMATIKA DALAM PERJANJIAN ELEKTRONIK YANG TIDAK DILAKSANAKANNYA DENGAN ITIKAD BAIK DAN CARA PEMBUKTIANNYA Herunata Sanjaya
Journal of Law ( Jurnal Ilmu Hukum ) Vol 3, No 2 (2014)
Publisher : Universitas 17 Agustus 1945 Samarinda

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ABSTRACTWe realize technology has brought society to the use of electronic systems in the activity that has greatly affected all aspects of social, cultural and legal, where there are no boundaries - geographic boundaries and quickly accepted by the public so as to enhance human progress and civilization. Electronic contract is a form of initiative and the parties in making the engagement through electronic systems (the Internet). Neither the Civil Code and the Law No.11 of 2008 has been providing a clear basis for the validity of electronic contracts.In the implementation of the electronic contract by both parties is superbly agreed, then implementing an electronic contract is done in the form of payment (payment) made by the debtor that can be done either directly or indirectly, for example through the internet facility or E-Banking, yet remain based on the national financial system, which refers to the local financial system. In the implementation of an electronic agreement may occur a default committed by one of the parties, resulting in the manufacture of electronics required point settlement agreement if the event of default. The principle of good faith in the agreement laid the groundwork for the electronics embedded in the hearts of minds of the parties in the implementation of the electronic agreement so as not to harm or be harmed either party.With the Electronic Systems has given rise to one of the new things that the existence of a new form of evidence and legally, namely electronic information, electronic documents or printouts of Electronic Information and Electronic Documents (Article 5 paragraph (1) of the Act No.11 of 2008).

PENERBITAN BANK GARANSI PADA LEMBAGA PERBANKAN MENURUT UU NO. 10 TAHUN 1998 Muhammad Ali Husni
Journal of Law ( Jurnal Ilmu Hukum ) Vol 3, No 2 (2014)
Publisher : Universitas 17 Agustus 1945 Samarinda

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ABSTRACT Factors that lead to bad credit, influenced by: Factors that are intertnal, namely: Misuse of credit; The low level of education; The characters are not good; Financial difficulties. External factors, which is derived from the circumstances that happen beyond the reach ability of the debtor or circumstances that force (coercion) as a state of unstable economy.Party Regional Development Bank Samarinda in making efforts to overcome bad credit, among others: Peace; Billing through legal channels. Completion of credit to BUPLN (Auction Receivables Affairs Agency); Submitted an application to the District Court to hold a foreclosure.

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Kota samarinda,

Kalimantan timur

INDONESIA