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BEBERAPA MASALAH TENTANG PROSES ALIH DEBITUR DALAM PERJANJIAN KREDIT KEPEMILIKAN RUMAH DI BANK TABUNGAN NEGARA CABANG SAMARINDA Elipen Pardesi
Journal of Law ( Jurnal Ilmu Hukum ) Vol 3, No 1 (2014)
Publisher : Universitas 17 Agustus 1945 Samarinda

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ABSTRACK National development based on Pancasila and the 1945 Constitution is essentially the whole person development and construction of all the people of Indonesia.With the growing level of people's lives, it also increased their daily needs. Accordingly, the problem arises when people are not able to buy a house in cash due to limited financial capacity, while more urgent housing needs. The fact that there is in our society are largely classified societies with low levels of the economy.Intervention of the government in the fulfillment of housing facilities is needed. Because of very rapid population growth also means the increasing need of homes. While the provision of housing needs increasingly difficult by the community, this was due to the limited land and increasing land prices from year to year, so that it results in the need for the provision of shelter or housing requires no small cost.

ORIENTASI TUGAS DAN FUNGSI CAMAT DALAM PENYELENGGARAAN PEMERINTAHAN DESA KAITANNYA DENGAN HUKUM TATA PEMERINTAHAN DI KECAMATAN SAMARINDA UTARA Abdul Basit
Journal of Law ( Jurnal Ilmu Hukum ) Vol 3, No 1 (2014)
Publisher : Universitas 17 Agustus 1945 Samarinda

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ABSTRACT In addition to national development needs be, is the increased development in the village, because the countryside which includes the biggest part of the national territory as well as the food and agricultural region covers the largest part of the community. Therefore rural development needs to be improved, especially through the development of human resource capacity in rural areas so that self and creativity can grow. Recognition of the village government to organize itself as a household in the village autonomy embodiment set forth in Law No. 32 Year 2004 on Regional Government and its implementation rules for the creation of a system of government that is simple, authoritative and able to mobilize the community in the development and administration of village government effective and efficient. Decentralization of understanding itself is autonomous authority to regulate and manage the interests of the public in accordance with the regulations per the invitations, in the field of rural development and rural governments be encouraged through increased coordination and improvement of sectoral development, human resource development, resource utilization nature and growth climate that encourages growth and self-sufficient community initiatives. By strengthening the position of the village government, the village is able to mobilize the community to participate in the development and village governments are able to organize efficient and effective manner, in accordance with the demands of today's construction. To support this wisdom is always manifested in rural development . Thus, the leadership was instrumental sub-district head, which is to provide guidance and direction to the village government officials in various matters relating to the organization of government, and rural development. Camat as the area district accountable to the Regent/Mayor is to coordinate, synchronize and all government agencies that exist within the region so that the entire apparatus can work optimally in accordance with its function, but it also required the division of labor and tasks are clearly from superiors to subordinates, so that in the administration of the village government can run efficient and effective.

NASKAH PUBLIKASI IMPLEMENTASI PERATURAN PEMERINTAH NOMOR 19 TAHUN 2011 TENTANG RETRIBUSI PERIJINAN TERTENTU DI KECAMATAN TENGGARONG Akhmad Arisandy
Journal of Law ( Jurnal Ilmu Hukum ) Vol 3, No 1 (2014)
Publisher : Universitas 17 Agustus 1945 Samarinda

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AbstrakAkhmad Arisandy, Implementation of Regency Regulation Number 19 Year 2011 on Licensing of Certain additional item in Kutai Kartanegara. Under the guidance of Mrs. Kunti Widayati, S.H.,M.Hum as first mentors and Mrs. Isnawati S.H.,M.H as second mentors. The purpose of this study is to investigate the implementation of In Kutai Kartanegara's Regency Regulation Number 19 Year 2011 on Licensing of Certain levies related Fishing Permits in Tenggarong District and to find out how the implementation as well as obstacles in the implementation of regional regulation. Location of this study is a freshwater aquaculture in Tenggarong District. By using a snowball sampling technique, this study starts by taking a fishery in the Tenggarong district as samples or sources by collecting data using interviews. From the results of field studies on the implementation of In Kutai Kartanegara's Regency Regulation Number 19 Year 2011 on Licensing of Certain levies related Fishing Permits in Tenggarong District was never implemented in the fishery business activities of the fishery to Dinas Kelautan dan Perikanan of Kutai Kartanegara regency , because all parties in it are not aware of any regional regulation. Then the regulation has no constraint for never implemented, but the main obstacle comes precisely from the beginning or source relevant local rulemaking authority delegation that occurred prior to implementation. Local regulations should not be made a mere formality or left floating without delegation of authority or duty, then stakeholders should make a rule to go through a public consultation so that rules are made can be implemented either Keywords: Licensing of Certain additional item, Fishing Permits.

PENERAPAN ASAS KEBEBASAN BERKONTRAK TERHADAP PERJANJIAN WARALABA BENTUK USAHA INDOMART DI SAMARINDA Oktofianus Siki
Journal of Law ( Jurnal Ilmu Hukum ) Vol 3, No 2 (2014)
Publisher : Universitas 17 Agustus 1945 Samarinda

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abstract In the Indonesian economy, one area that is quite prominent in trade. It has three main activities, namely the economic system of Production, Distribution and Consumption. One way of distributing the effort to expand internationally is through licensing, as an alternative attempt to get closer to consumers in the host country as well as to reduce the impact of high export transport costs, as well as the risk of loss of products from the market as a result of transportation risks and possible embargo done politically. 2) License is a temporary form of entitlement which can be exclusive or non - exclusive. Granting this right then felt not enough, if the license grantor intends to do a "refresher total" is not only in the form of rights, but also obligations - the obligation to obey and execute all and every command issued including the system operational implementation of the licensed activities 3 ). For that, they begin to develop the franchise. Franchise in Indonesian paired with the word waralabae set out in Government Regulation No. 42 of 2007 and Decree of the Minister of Industry and Trade of the Republic of Indonesia No. 259 / MPP / Kep / 7/1997 About Conditions and Procedures Implementation Franchise Registration.

TINJAUAN YURIDIS TENTANG PENERAPAN RESTORATIVE JUSTICE PADA KASUS TINDAK PIDANA ANAK DI TINJAU DARI UU NO. 11 TAHUN 2012 TENTANG SISTEM PERADILAN PIDANA ANAK Erick Yehusy
Journal of Law ( Jurnal Ilmu Hukum ) Vol 3, No 1 (2014)
Publisher : Universitas 17 Agustus 1945 Samarinda

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ABSTRACT Restorative Justice is the resolution of criminal cases involving offenders, victims, families perpetrator/victim, and other relevant parties to work together to find fair settlement with emphasis on restoring back to the original state, and not retaliation (Article 1 paragraph 6 of Law No. 11 Year 2012 on the Criminal Justice Child System). The basic process is done through the application Discretion (Police Authority) under Article 18 of Law No. 2 of 2002 on the Indonesian National Police and Diversion (Article 1 Paragraph 7 of Law No. 11 Year 2012 on the Criminal Justice Child System).The purpose in writing this law is to determine an equitable application of sanctions (Restorative Justice) against children in accordance with Law No. 11 Year 2012 on the Criminal Justice Child System which ensures certainty and legal protection of children and child away from judicial proceedings and sentencing are not good for the soul, dignity and child future. This research uses a technique that is normative juridical research or study procedure by referring to some of the principles of law, rule of law principles, and the principles of law relating to the substance of legislation that are general and specific. And do a bit of field observations in order to determine whether the concept has Restorative Justice applied in the handling of cases of children in conflict with the law. Data collection techniques used by collecting primary materials (Rule of Law) and secondary materials (Articles, web pages and books) as well as conducting interviews at the law enforcement officials involved (KAPOLRES Tenggarong and BABAS Samarinda).From the results of the study found that the application has been implemented through the Restotative Justice Police Discretion and Diversion Restorative Justice based approach. In the case of court settlement children almost everything can be resolved with the Restorative Justice exception of severe cases.It is expected that the law enforcement approach should focus on Restorative Justice in each case the child for the realization of justice according to conscience (Moral Justice), attention to Justice Society (Social Justice) and consider the justice according to the law (Legal Justice) so that the achievement of the highest award for justice (Presice Justice). In completing Crime committed imprisonment child must be the Last Action (Ultimum Remedium). Keywords : (The Application of Restorative Justice, Child Protection)

TINJAUAN YURIDIS TERHADAP PERATURAN MENGENAI PENCABUTAN PERMOHONAN KASASI DALAM PENYELESAIAN PERKARA PERDATA Endang Winarti
Journal of Law ( Jurnal Ilmu Hukum ) Vol 3, No 1 (2014)
Publisher : Universitas 17 Agustus 1945 Samarinda

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ABSTRACT If the parties are not satisfied a civil litigant against a High Court ruling and do not want to accept the decision, he may apply to the Supreme Court of Cassation within the meaning of Act No. 3 of 2009 on on the Second Amendment Act No. 14 of 1985 on the Supreme Court. The appeal is entitled to the litigants themselves, because it was he who acted as a material, which is directly involved in the conflict are sued (to be a party to the conflict). Appeal does is aimed to assess whether the lower levels of the judge's decision, whether the decision dibuattelah accordance with the provisions of law and procedural law, so that the litigants get justice fairest. Cassation judge's ruling also allows the improvement caused by the judge 's own fault or human error, because the judges are also human nature that can make mistakes. Another issue with respect to these issues is concerned repeal cassation appeal itself, where the legislation does not provide further details on the matter. According to the Supreme Court 's jurisprudence, that revocation appeal is allowed as long as the decision was not handed down by the Supreme Court, if there is an appeal of the revocation of both the litigants, the proceedings in the Supreme Court not be done or stopped, but if only one party only cassation petition is revoked, while others who also did not revoke the petition filed cassation appeal, cassation proceedings levels remain to be done. Revocation appeal, should be strictly regulated and clearly in the National Civil Procedure, so that revocation appeal made by the litigants do not harm any of the parties who were also litigants in the case, so that the revocation appeal is conducted aiming to resolve cases exists and is not intended to harm the litigants.

KEABSAHAN PENERBITAN SURAT IZIN PERTAMBANGAN DAERAH KOMODITAS TAMBANG GOLONGAN BATUAN DI KOTA SAMARINDA Sayid ahmad aulia nur
Journal of Law ( Jurnal Ilmu Hukum ) Vol 3, No 1 (2014)
Publisher : Universitas 17 Agustus 1945 Samarinda

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ABSTRACT One of the natural richness that exist in almost all regions of Indonesia is a mineral excavation class C. Class C material is intended in the category of non- strategic minerals and vital. As minerals are not strategic and vital, the authority granting the mineral category C, since the reign of centralized to decentralized period, are at the local government. Samarinda city geologically is an area that potentially has significant materials, such as minerals category C, such as urug soil, clay, sand and so on. In some locations these minerals have endeavored to mining stage, either by foreign firms and domestic firms or by local people. In the preamble weigh Act No. 4 of 2009 on Mineral and Coal stated that the mineral and coal mining law contained in the region of Indonesia is a non-renewable natural resources as the gift of God Almighty who has a role in meeting the livelihood of many people because it management should be controlled by the state, to provide added value for certain and evident to the growth of the national economy in order to achieve prosperity and welfare of the people equitably. Mining Permit (SIPD) Samarinda city still adhere to the old local regulations and decisions Samarinda Mayor earlier, prior to the issuance of Law No. 4 of 2009 on Mineral and Coal. The reasons are still using the old rule is because there is a new issuance of regional regulations governing mineral and coal mining in Samarinda, so that the old rules are still used in the implementation of the mining permit in the city of Samarinda. Government should Samarinda through Integrated Licensing Service Agency, immediately revoke the mining license area is excavated materials issued Class C post enacted Law No. 4 of 2009, and no longer issuing new Regional Permit Penembangan or extension before the relevant local legislation by Act No. 4 of 2009, and the Department of Industry, Trade, Mining and Energy Samarinda City should not issue recommendations Regional Mining Permit issuance minerals group with C. Samarinda City Government Legislative Council as soon as possible Samarinda revise Bylaw No. 17 of 2008 in order to be adapted by Act No. 4 of 2009 on Mineral and Coal, in order to avoid conflict between the laws which are above the regional regulation.

TINDAKAN POLRI DALAM PENYIDIKAN APABILA TEMPAT KEJADIAN PERKARA BELUM DIKETAHUI SECARA PASTI DALAM PRAKTEK Rosadi rosadi
Journal of Law ( Jurnal Ilmu Hukum ) Vol 3, No 1 (2014)
Publisher : Universitas 17 Agustus 1945 Samarinda

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ABSTRACT The relationship between the crime scene reconstruction is to justify the description of the suspect that was made by investigators for the purposes of criminal investigations to be adapted to the circumstances in the actual scene. In practice, the reconstruction is not done in the actual scene. It is solely for the safety of the suspects alone to avoid the wrath of the public. In addition to that, also for pressing reconstruction costs to a minimum, especially if the scene where the reconstruction will be held just outside of town. But if the scene is not being out of town, the reconstruction is still being done in the actual scene. If the scene its not known with certainty, the efforts undertaken are: Perform the action by way of prosecution which is a technique of investigation it was revealed that a criminal case, where the techniques of this investigation will obtain answers to these questions in terms of investigating a criminal case; To conduct the interrogation of reporting the incident and request information from the patient witnesses, expert witnesses and witnesses who know the first time this criminal case. Despite the difference in area between the crime scene with the region where the discovery of a victim of crime or not deter the police to uncover the criminal case, because despite the differences in the area police can still work together with each other

TINJAUAN YURIDIS MENGENAI RUANG TERBUKA HIJAU DI KOTA SAMARINDA BERDASARKAN UNDANG-UNDANG NOMOR 26 TAHUN 2007 TENTANG PENATAAN RUANG Tri Wahyudi
Journal of Law ( Jurnal Ilmu Hukum ) Vol 3, No 2 (2014)
Publisher : Universitas 17 Agustus 1945 Samarinda

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ABSTRACT The purpose of this study was to know about the Green Open Space Provision pursuant to Article 29 of Act No. 26 of 2007 on the arrangement of space in the city of Samarinda undertaken by the municipality and the constraints faced by the city government, as well as the solution. Based on the results of the study authors concluded that the provision of green open space provision under Section 29 of Act No. 26 of 2007 on the arrangement of space in Samarinda undertaken by the Government of Samarinda is the preparation of the Regional Spatial Regulation of Samarinda as a substitute for local regulation implementation guide RUTRK City Samarinda which is not relevant at this time with the development of National Development. As a form of coordination of spatial planning in order to obtain a minimal proportion of the value of green space by 30 percent of the total area of the city in the form of planning, utilization and control of urban space. This can be achieved with good cooperation from the City Government, Public, Private parties, and with non-governmental organizations.

PERAN KEPOLISIAN RESORT KUTAI KARTANEGARA DALAM PENANGANAN KASUS RUNTUHNYA JEMBATAN KUTAI KARTANEGARA BERDASARKAN KITAB UNDANG – UNDANG HUKUM ACARA PIDANA (KUHAP) Vita Marinda Noor
Journal of Law ( Jurnal Ilmu Hukum ) Vol 3, No 1 (2014)
Publisher : Universitas 17 Agustus 1945 Samarinda

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ABSTRACT Lifting this title is an interesting thing for authors, because of these events appear caused some speculation about the case of Kutai bridge collapse, Crime referring to allegations of corruption to the “Deliberate element”, or pure negligence that caused the workers and the person in charge in the process of maintenance, so the author want to know how exactly this event so the author lifted the title about Role of Kutai Kartanegara Police in Handling Cases of Kutai Kutai Bridge Collapse of Criminal Procedure.The research method in this thesis include the type of research that uses methods of empirical jurisdiction, primary and secondary data sources, the study site in Kutai Police and Department of Public Works , data collection techniques such as literature studies and field studies that include observation, interviews, and documentation.The purpose of this study was to determine the duties and authority of the police in handling the case of the collapse of Kutai bridge as well as for knowing what are the barriers to the investigator in charge of the case and to add the treasures of knowledge for the entire academic community of the University of Samarinda August 17, 1945 lastly.Results showed that : Kutai Police have carried out duties and responsibilities pursuant to Article 6, Article 7, Article 8 and Article 9 of Law No. 2 of 2002 on the Indonesian police in the event of the collapse of Kutai Bridge next to the investigation process by Investigator Police aquatic mammal has been in accordance with the Law - Criminal Procedure Code is reinforced in Article 16 and in the process until the beginning of the title Determination Case Suspect, Police encountered some obstacles such as case investigation activities Article 359 of the Criminal Code in conjunction with Article 360 of the Criminal Code.The author hopes of incident events Kutai Bridge Collapse of the Government and the Company is the winning bidder over do a better planning until the implementation of the maintenance of this bridge, in order to avoid further accidents which caused loss of human life, and I appreciate the performance of the police who have successfully set the suspects in the event of collapse of the Kutai Kartanegara Bridge. Keywords: Investigators, Duties and Powers of Police, Bridge Construction

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