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TINJAUAN YURIDIS TERHADAP PERATURAN MENGENAI PENCABUTAN PERMOHONAN KASASI DALAM PENYELESAIAN PERKARA PERDATA Jesica Dewi
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.

MASALAH USAHA SARANG BURUNG WALET TEHADAP PERATURAN PEMBANGUNAN DAN LINGKUNGAN HIDUP DI KOTA SAMARINDA Gunawan Hasibuan
Journal of Law ( Jurnal Ilmu Hukum ) Vol 3, No 1 (2014)
Publisher : Universitas 17 Agustus 1945 Samarinda

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AbstractThe crisis is a situation that was a turning point that can make things better or worse added. However, behind the Indonesian economic crisis, many employers who exploit this situation to perform a variety of economic enterprises. One of the most prominent business today is the development of breeding birds nest wallet (shop) in the city center. Of the bird's saliva rather like gold or valuables. Valuable commodity always attract those who want to get wealth, especially for entrepreneurs Permission is an approval of the authorities by legislation or government regulation in certain circumstances, notwithstanding the prohibition laws. While understanding the licensing is a dispensation of a ban, usually using some basic laws permit such regions local regulations or decisions of the mayor, although in the end the decision is different in each area, but a lot of the same principles and rules, for example about the procedures and requirements completeness pengurusaan required .

DAMPAK KERUSAKAN LINGKUNGAN HIDUP AKIBAT PERTAMBANGAN BATU GUNUNG DI KECAMATAN SUNGAI KUNJANG KOTA SAMARINDA BERDASARKAN UNDANG-UNDANG NO 32 TAHUN 2009 Erni Erni
Journal of Law ( Jurnal Ilmu Hukum ) Vol 3, No 1 (2014)
Publisher : Universitas 17 Agustus 1945 Samarinda

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ABSTRACT Environmental Damage Due to Mining Stone Mountain in Sungai Kunjang Samarinda. Guided by the Supervisor I Kunti Widayati, SH, M. Hum. and Supervisor II Isnawati, S.H, M. Hum.The problem in this paper is what is the impact of the damage caused by mining in Stone Mountain Road MT. Newer haryono Sungai Karang village Kunjang Samarinda and legal efforts undertaken by the municipality samantha according to Law Number 32 Year 2009 on PPLH. Related to the results of the study showed that there are still many illegal stone mining mountain or do not have permission, so that many of the adverse impact directly to the affected communities. There is still a constraint in terms of the government's oversight. We recommend in this case about the impact of the mountain rock mining damage, should the Environment Agency (BLH) Samarinda be included. In the environmental impact control the government should Samarinda along with relevant agencies competent in this case the Environment Agency Samarinda expected to be proactive and more stringent in terms of supervision in order to minimize environmental damage from coal mining mountain is bad. From the research conducted it can be concluded that the lack of direct supervision and strict sanctions to the perpetrators of environmental destruction.

BENTUK PERLINDUNGAN HUKUM TERHADAP PARA PIHAK DALAM PENERBITAN KARTU KREDIT DAN MASALAH YANG TIMBUL Fenny Eria
Journal of Law ( Jurnal Ilmu Hukum ) Vol 3, No 2 (2014)
Publisher : Universitas 17 Agustus 1945 Samarinda

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ABSTRACTIrregularities in the use of credit cards that can be distinguished based on their behavior, namely: Irregularities committed by the holder of the credit card. The efforts irregularities committed by the bank to address a variety of irregularities committed by the credit card holder or employers, such as: To overcome the use of credit cards that exceed the credit limit with a transaction conducted under the floor limit, the issuer (bank) for the first time will give a warning to credit card holders not to use credit cards that exceed the credit limit, even though the cardholders have sufficient funds. If the violation of the credit limit is still being done despite warnings were given three times, then the issuer (the bank) can cancel the card and put it into the black list and credit card holders are obliged to pay off all the outstanding obligations; To cope with the credit card holders often late in paying bills account, the issuer (the bank) will alert the cardholder credit. With provide penalties for late paying accounts; Actions or steps taken by the bank to cope with the entrepreneur's action of granting a higher price on the credit card holder is: Bank for the first time will give a warning to employers to refrain from actions that violate them.If the transaction is still breaking acts committed by employers, then the issuer (the bank) will further sanction. Recent efforts made by the issuer (the bank) is the cancellation / termination of the agreement. Actions or steps taken by the bank to address the actions the employer conducts doubling sales draft or fictitious transaction are: Bank will give a warning to businessmen and accompanied by sanctions that will refuse payment if the bill transaction fictitious transactions that have not been paid by the issuer. If the bill is fictitious transactions had already been settled by the issuer and the bills are included in the credit card holder's name and his credit card number used in the fictitious transactions, the issuer (the bank) will cut / charge back bill that has been paid by the issuer.Form of legal protection for employers in the event of delays are outside sales draft mistakes entrepreneurs. Legal protection for employers in connection with the above, the employer can state that the issuer in default for not paying a bill on legal transactions, in which employers, in the transaction have done his duty properly. Under these circumstances, the employer is entitled to claim compensation for losses resulting from liquefaction rejection sales draft. This is in accordance with the provisions of Article 1239 of the Civil Code. Keywords: Legal Protection, Credit Card Issuance, the problems posed.

PROSES PENEGAKAN HUKUM TERHADAP PELANGGARAN TINDAK PIDANA RINGAN KAITANNYA DENGAN PERMA No. 02 TAHUN 2012 TENTANG PENYESUAIAN BATASAN TINDAK PIDANA RINGAN DAN JUMLAH DENDA DALAM KUHP Mansur Mansur
Journal of Law ( Jurnal Ilmu Hukum ) Vol 3, No 1 (2014)
Publisher : Universitas 17 Agustus 1945 Samarinda

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ABSTRACT There are several factors contributing to the misdemeanor in Indonesia, namely economic factors, sosilogi, and psychology, the third fakror has a close relationship with each other to bring about a misdemeanor, meaning that one of the factors that are influenced by other factors so that one factor can not be stand alone in causing trouble misdemeanor.The function of the criminal procedure law is to implement and enforce. Criminal Law. This function can be considered as a function repressit criminal law, meaning that if the act is classified as a criminal act, then such actions must be processed so that the provisions contained in the criminal law can be applied to the perpetrators: Police; Attorney and District Court. Implementation of the law was to be touched not only the man who is being tried for violations of the law, but also touching the victim of crime, and the legal officers of police, prosecutors, judges and corrections officials, and ultimately the entire nation. Law enforcement officers are human beings, as well as law offenders are people too, so that the criminal law is formal and material dealing with human beings who desire a bright tomorrow and serene.

TINJAUAN YURIDIS TERHADAP MEKANISME PENYERAHAN SEBAGIAN PELAKSANAAN PEKERJAAN KEPADA PERUSAHAAN LAIN (OUTSOURCHING) STUDI KASUS DI PT. SYABILLA RIZKY ABADI DAN CV. RIMAS AYU SAMARINDA Jemain jemain
Journal of Law ( Jurnal Ilmu Hukum ) Vol 2, No 1 (2013)
Publisher : Universitas 17 Agustus 1945 Samarinda

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ABSTRACT Mechanism of outsourcing labor relations there are three requirements that must be met, namely : 1. Conditions Material, namely : done separately from the main activity; Performed with direct or indirect orders from employers; an auxiliary enterprise as a whole; and does not directly inhibit the production process. 2. Conditions Formal, namely : the company must be a legal entity; must obtain permission from the operational agencies responsible for labor affairs at the Department of Labor local outsourcing company which is located. 3. Conditions Substantially, the terms of employment are generally in the form of normative provisions and working conditions imposed on the employer company.Outsourcing as a labor supply by others performed by first separating the main job (core business) with auxiliary enterprises (non-core) in a written document prepared by the management company. In doing outsourcing company outsourcing service users in collaboration with outsourcing companies, where the legal relationship embodied in a cooperation agreement that includes, among others, about the term of the agreement as well as any areas of cooperation which is a form of outsourcing. Employee signed an agreement with outsourcing outsourcing company outsourcing the user to be placed in the company.As a result of the law in terms of labor delivery to third parties (outsourcing) in terms of material and formal requirements are not met, then the result will be null and void, the existing employment relationship switched from employment or employment agreement between workers/laborers with the recipient company chartering jobs/employment services provider/labor into employment or employment agreement between workers/laborers with labor service user companies/workers. In this case workers/laborers can apply to the determination of the Industrial Dispute Settlement agencies. Employee outsourcing for the service user is placed in the company outsourcing the work shall comply with the applicable provisions of the outsourcing companies in the agreement. Dispute resolution labor issues resolved internally between companies outsourcing services outsourcing to corporate users, it can also be done by holding a meeting with the workers/laborers to discuss labor issues that occur in the implementation of outsourcing.Settlement disputes between workers/laborers with industrial outsourching outsourching be the sole responsibility outsourching enterprise itself. employment problems arising between enterprises with enterprise outsourching outsourching service users, diselesaiakan internally by the enterprise service users outsourching outsourching enterprises, it is also possible to have a meeting with the employee/labor to discuss the problems of employment that occurred in the execution outsourching.

PELANGGARAN JANJI KAWIN BERDASARKAN PASAL 29 UNDANG-UNDANG NOMOR 1 TAHUN 1974 DITINJAU MENURUT PASAL 1365 KITAB UNDANG-UNDANG HUKUM PERDATA Pangaribuan, Maruli Oscar
Journal of Law ( Jurnal Ilmu Hukum ) Vol 3, No 1 (2014)
Publisher : Universitas 17 Agustus 1945 Samarinda

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ABSTRACT Marriage is a bond between the inner and outer man with one woman as husband and wife with the intention of forming a family (household) a happy eternal based on God. Married according to its original meaning is sexual intercourse but by the meaning mazasi (mathaporic) or legal sense is contract (agreement) which justify the marital sexual relationship as between a man and a woman. Of the many benefits of marriage contained therein, it is encouraging more people to carry out the marriage which is also called as worship, but before implementing it 's own marriage in the society of the young couple usually establish love in a relationship of lovers, they mutually bind themselves by promises appointments, including to build a household. Promise of marriage were spoken of couples who are dating is usually only orally and in the absence of written evidence, if one of the parties deny it, it will be difficult to hold him accountable. Broken promise spoken by the male to the female, it is certainly very harmful for women. In Article 29 of Law No. 1 of 1974 regulates mating promise or promises made between the bride and groom prior to or at the time the marriage took place. One party reneges on the promise of marriage that has been made will harm other parties who have committed themselves to the marriage promise broken by works done by one of the parties is an unlawful act that causes harm to the other party, as provided in Article 1365 of the Civil Code. Mating the broken promise made is a tort, but when the promise was denied prior to the announcement of the marriage, according to Article 58 of the Civil Code, the promise of marriage does not have any legal effect. However, if the promise of marriage was followed by the announcement of the implementation of the marriage, then the marriage can be prosecuted broken promises upfront judge, for not fulfilling the promise of marriage as a violation of religious norms and morality in society. The need for regulation of broken promises mating in the Act No. 1 of 1974 on Marriage as laws governing marriage nationally and be a reference for the various groups in society because of broken promises mating arrangements in Article 58 of the Civil Code does not provide legal protection for women, thus providing an opportunity for men who do not abuse it for good purposes.

TINJAUAN TERHADAP TANGGUNG JAWAB YURIDIS KOMISI PEMILIHAN UMUM KABUPATEN KUTAI KARTANEGARA BEDASARKAN UNDANG-UNDANG NOMOR 15 TAHUN 2011 Dalmasius Dalmasius
Journal of Law ( Jurnal Ilmu Hukum ) Vol 3, No 1 (2014)
Publisher : Universitas 17 Agustus 1945 Samarinda

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ABSTRACKThe next General Election is an Election called vital role in a Democracy. Especially Countries such as Indonesia is a Republic, As for the Institutions it serves to meet the three Principles of Democracy, namely : Popular Sovereignty, The Legitimacy Of Government and The Change Of Government on a regular basis and to the three Principles to ensure awake and implementing the ideals of independence and prevent certain interests in government bodies or substituted popular sovereignty became sovereign rulers of democratic elections is the expectation that every citizen with the right of people every Election can be united with both and in the general election no discrimination that resulted in the Destruction of Democratic Elections. When there is no Definite Election, Election Organizer in Indonesia is the Election Commission or the Abbreviated Commission. KPU is a National institution whose jurisdiction covers the entire territory of Indonesia then the Commission is an independent agency to do its job what it is free from the influence of those who want to destroy and inhibit the performance of the Commission.in carrying out their duties as Election, Organizers burden borne by what it is large because of fatigue in demand Elections quality makes running all Election Stages are the duties and obligations of the Commission, and the Commission guidance in performing tasks on RI law Number 15 of 2011 On General Election. Keyword :Tinjauan Yuridis

KENDALA YANG DIHADAPI DALAM PELAKSANAAN TUGAS HAKIM PENGAWAS DAN PENGAMAT DALAM PEMBINAAN NARAPIDANA KELAS II A SAMARINDA Fauzi Halim
Journal of Law ( Jurnal Ilmu Hukum ) Vol 3, No 2 (2014)
Publisher : Universitas 17 Agustus 1945 Samarinda

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ABSTRACT Judge accomplish their supervisors and observers in the monitoring and observation duties in connection with the execution of the decision of the judge by the prosecutor as executor is not done in an absolute and immediate. Supervision is not done directly and absolutely caused by the prosecutor and the judge are structurally different, in this case the prosecutor remains responsible to his superiors that the Head of the State Attorney. In his charge, the prosecutor as executor will prepare minutes of execution of court decisions which will then be submitted to the Chief State Prosecutor. Supervision of other equally important to be done by supervisors and observers judge is to convict on parole. During the conditional does not undergo criminal convict in prisons, the convict can move freely in the community. The role of the supervisory judges and observers will be necessary here to monitor the behavior of the convict on parole. Supervision and observation by supervisors and observers judge of prisoners who have completed their criminal and parole of prisoners as required by the Supreme Court Circular No. 7 of 1985 on Implementation Guidelines Task Supervisory Judge and Observer done by supervisors and observers judge cooperated with authorities village governments, schools, foundations working in the social field that was used to help the development of the former prisoners, such as BISPA hall, the Directorate-General of Social Rehabilitation Rehabilitation and social Affairs social waiter, etc. Some of the obstacles encountered in carrying out the duties of judges supervisors and observers are: The lack of clear sanctions for the prosecution when the judge did accost for the delay in execution of court decisions, resulting in the discharge of the prosecutor as executor of the supervisory role of the judge and the observer is not very meaningful; Not tied suggestion supervisory judge and observer in the form of improved types of training provided to the inmates. Forms and coaching and mentoring program that will be given to prisoners is basically composed by prisons chief, the head of programming prisons can receive advice from supervisors and observers judge or observer team Corrections. This makes the suggestion of the judge is not binding on the controller and observer chief prisons; A sense of the prisons that they are more aware of how the development of convicts because they have seen and mingle with inmates every day. Thus they feel better knowing what is best the needs of the inmates. Difficult to judge supervisors and observers visit more regularly to the prisons because the judge has the task to another in the District Court as a judge hearing the case filed in the State Court

PELAKSANAAN FIDUSIA SEBAGAI JAMINAN KREDIT DITINJAU DARI SEGI PENGAMANANNYA DALAM PRAKTEK DI PT. BATAVIA PROSPERINDO FINANCE SAMARINDA Al Mutakkim
Journal of Law ( Jurnal Ilmu Hukum ) Vol 3, No 2 (2014)
Publisher : Universitas 17 Agustus 1945 Samarinda

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ABSTRACTThe right to acquire the remaining insurance payments occur in the event of loss of a motor vehicle as collateral objects. In this case PT. BATAVIA Prosperindo Finance has the right to file an insurance claim. If the net proceeds of the insurance compensation payment exceed the surplus remaining debt into consumer rights but when less then the drawbacks is the responsibility of the consumer of the consumer to pay to PT. BATAVIA Prosperindo Finance. With the loss of objects and guarantees the completion of insurance claims and the calculation of the entire debt financing terlunasinya consumers by fiduciary guarantee an end in itself. This is a proof of fiduciary assurance in terms of safety. Consumer debtor who has transferred or guarantee objects to a 3rd party without the knowledge and permission of PT. BATAVIA Prosperindo Finance, but during the installment payment lancer PT. BATAVIA Prosperindo Finance does not pull the vehicle but by taking the family way is by calling debtor or consumer and 3rd party to perform credit transfer or shift gears. As for the issues related to bad credit problems can be solved by means of deliberation and kinship and the debtor or consumer through its field employees, but in urgent situations PT. BATAVIA Prosperindo Finance will involve law enforcement authorities, in this case the police local area to be a mediator or arbitrator settlement which is based on a civil agreement that consumer financing agreement or accounts payable. Keywords: Fiduciary Implementation, Credit Guarantee, PT. Batavia Prosperindo Finance.

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Kota samarinda,

Kalimantan timur

INDONESIA