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PENYELESAIAN MASALAH TUMPANG TINDIH (OVERLAPPING) PERIJINAN PERTAMBANGAN DAN HAK GUNA USAHA PT. MAHAKAM SUMBER JAYA DENGAN MASYARAKAT DI TENGGARONG SEBERANG Fitriana Gamas
Journal of Law ( Jurnal Ilmu Hukum ) Vol 3, No 1 (2014)
Publisher : Universitas 17 Agustus 1945 Samarinda

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ABSTRACT Purpose Presidential Decree No. 1 of 2000 on the Implementation Task Synchronization Keagrariaan the field of Mining, Transmigration and Public Works, may not run as expected because of the ego of each sectoral institution. Although Presidential Decree referred to this day has never been repealed, but the cultural force among sectors that occur in the field still seems to be happening, even at the level of the wisdom.The method used in this study is the Legal Writing Empirical Legal Studies is a research field of data Primary and Secondary Data, Primary data was obtained through the interview process to the parties concerned, while the data over to the Secondary binding legal entity that is related Act the problems that occur.Based on the real conditions that exist that factor Overlapping Problems Cause Occurrence (overlapping) Permitting Mining and leasehold PT. Mahakam Sumber Jaya with the people in the village of Bukit Pariaman Management is influenced by factors lack of Human Resources (HR), nepotism, sectoral ego, and ignore the provisions, as well as land clearing has been no permission, technical considerations, there is involvement of some related agencies, weak supervision and control of the implementation of the District forest Service and forest protection activities in the District Tenggarong Seberang.Efforts in the travel between government agencies to solve the overlapping problem is that the government will only be passive and wait for the report from the parties, the parties requested clarification related Mining overlapping permission granted by the local government. In fact there has been a letter from the Ministry of Forestry, No. 327/Menhut-VII/2013, which occurs when the core issue is the responsibility of the holder IPPKH (PT.Mahakam source jaya) is coordinated with the local government.Based on the results of research at PT. Mahakam Sumber Jaya that improve the livelihoods of the community, other than that of the overlapping that occurs between mining companies with plantation companies are also being taken care of by the company and the relevant agencies in point is the Regional Agency for the Environment of Life (BLHD) sebaga Mediator Mediation process that has been implemented.

PELAKSANAAN TUGAS DAN FUNGSI APOTEKER SEBAGAI PELAKU USAHA DITINJAU MENURUT UNDANG-UNDANG NO. 8 TAHUN 1999‘TENTANG PERLINDUNGAN KONSUMEN David Hary Antono
Journal of Law ( Jurnal Ilmu Hukum ) Vol 3, No 2 (2014)
Publisher : Universitas 17 Agustus 1945 Samarinda

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AbstrakDalam mewujudkan pembangunan kesehatan yang memadai, pemerintah memiliki keterbatasan dalam penyediaan tenaga kesehatan, alat kesehatan dan obat-obatan. Kenyataannya ketiga hal tersebut bekerja sama dengan masyarakat dalam menyelenggarakan upaya kesehatan secara menyeluruh dan terpadu. Namun kerjasama yang terjadi kurang baik karena adanya kesenjangan dalam ilmu pengetahuan dan pengalaman serta kebiasaan bekerja tidak disiplin antara tenaga kesehatan dan masyarakat itu sendiri

KEABSAHAN PERLAWANANPIHAK KETIGA TERHADAP SITA EKSEKUTORIAL DAN AKIBAT HUKUMNYA DI PENGADILAN NEGERI SAMARINDA Andi Andi
Journal of Law ( Jurnal Ilmu Hukum ) Vol 4, No 1 (2015)
Publisher : Universitas 17 Agustus 1945 Samarinda

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ABSTRACTIn the resistance against the confiscation good third party was brought against confiscation eksekutorial, nor against confiscation, such third parties fighting, and was originally called the plaintiff and the defendant challenged sequester originally called challenged consumed. Article 195 (6 and 7) HIR set: Resistance to seizure executorial; Submitted by the challenged / consumed; Submitted by third parties on the basis of property rights; Resistance filed with the district court chairman yangmelaksanakan execution; There is an obligation of the chairman of the district court that checks / cut resistance to report on the examination / decision of the case of resistance to the chairman of the district court which ordered eksekusi.Pasal 207 and Article 208 HIR set: How to apply resistance (orally or in writing); To whom / which the chairman of the district court, the resistance must be filed; The existence of the principle, that the opposition does not suspend execution; Exceptions to these principles; The possibility to apply banding.Dari clauses in question seems clear that the opposition filed against the confiscation eksekutorial. It means, that the goods in question, is the confiscation of goods that can be raised against him beg, they are in foreclosure, in other words, that the goods have not been auctioned off or must be delivered (carried surrender to the winning side).Keywords: eksekutorial seizure resistance.

WAJIB BELAJAR 9 (SEMBILAN) TAHUN TERHADAP ANAK YANG DIJATUHKAN PIDANA DENGAN SYARAT BERDASARKAN UU NO. 11 TAHUN 2012 TENTANG SITEM PERADILAN PIDANA ANAK Anugrah Ashriany
Journal of Law ( Jurnal Ilmu Hukum ) Vol 4, No 1 (2015)
Publisher : Universitas 17 Agustus 1945 Samarinda

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ABSTRACT Analysis to 9 (nine) years education compulsory for children with requirements under the criminal law - law number 11 of 2012 about the Juvenile Justice System, advised by Kunti Widayati, SH, M. Hum, as a supervisor I and Ony Rosifany SH, M. Hum as Supervisor II.Penalty clause is one of the ways which the application of criminal supervision and implementation is done outside the prison, while the requirements for implementing the penalty clause is required to attend the 9 (nine) years education compulsory as mentioned in chapter 73 article (8) Constitution of Juvenile Justice System.The program of education compulsory to fulfill the state's responsibility in terms of education services is one of the requirements that must be implemented to children in conflict with the law under the supervision of the Public Prosecutor and guided by Supervisor Society.The 9 (nine) years education compulsory activities to children with sentenced to penalty clause handled by the Education Department in collaboration with several agencies such as the Social Service District City, KPAI Province, Central Office of Correctional Class II, the Court, the Prosecutor and the local police.It is recommended to do enhancement and improvement of coordination between relevant institutions that deal with children in conflict with the law to increase the 9 (nine) years education compulsory program of children with penalty clause. Keywords :children, education, criminal, law

IMPLEMENTASI PERATURAN DAERAH KOTA SAMARINDA NOMOR 13 TAHUN 2011 TENTANG RETRIBUSI JASA UMUM Desy Piyonita
Journal of Law ( Jurnal Ilmu Hukum ) Vol 4, No 1 (2015)
Publisher : Universitas 17 Agustus 1945 Samarinda

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ABSTRACT National Development is improving the quality of human effort and the people of Indonesia are conducted on an ongoing basis, based on national capabilities, by utilizing advanced science and technology and should be able to pay attention to the challenges of global development. Implementation refers to the national identity and values aimed at realizing the lofty universal life sovereign nation, equitable, prosperous, advanced, independent, and firm moral and ethical strength. Thus, building the welfare of the people and cultures endurance is an important agenda and strategic development.Retribution as well as local tax is one of the original income is expected to be one of the sources of financing of local governance and development, to improve and equalize the welfare of the community. Opinions Ahmad Yani "Regional provincial, district / city given the opportunity to explore the potential of financial resources by specifying the type of charges other than those specified, that they meet the established criteria and in accordance with the aspirations of the people".Public services are services provided or administered by local governments for the purpose of the benefit and the benefit of the general public . Form of public services provided or administered by the Regional Government to the general public realized in services . Thus , Public service levies are levied against the individual or entity who uses / enjoys public services are provided or administered by the Government . When compared to the application of the appropriate Regional Regulation No. 13 of 2011 with the objec field , many of the policies carried out by the parties in the running application retibusi Dispenda this , the statement by the Public Relations Staff Dewi Wahyuni Revenue Office " most people do not understand this retribution for what , and communities to distrust us , they must have felt the proceeds of the levy will be perverted , but for our institution never did misappropriation of funds , there may be some who do that and that person , so we never give sanction to the public or company who have or are late in paying a levy , we do a lot of public policies that actually spoil , but we did this for the good of the city so that all of the actors or public service users to pay levies , although late , as long as they pay . "Under real conditions Revenue Samarinda, the authors hope Dispenda more firmly against the policies of retribution and the sanctions provided so that people pay more attention to the payment of the levy in accordance with applicable regulations.

PENYELESAIAN SENGKETA TANAH DI JALAN WOLTER MONGONSIDI SAMARINDA ( ANALISIS PENETAPAN PUTUSAN PENGADILAN NEGERI SAMARINDA NOMOR: 101/Pdt.G/2013/PN.SAMARINDA ) Agustina Evie
Journal of Law ( Jurnal Ilmu Hukum ) Vol 4, No 1 (2015)
Publisher : Universitas 17 Agustus 1945 Samarinda

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ABSTRACTThe purpose of this study was to find solution to the problem of land disputes rife in the country. As we all know the problem of land ownership always arise from time to time. In this case I chose land dispute case in road Walter Mongonsidi where plaintiff purchased the land on the basis of letter of waiver but it is known that the certificate has been published in the National Land Agency of the Land.This study used data collecyion techniques by reading, studying and digging through the staff at the District Court of Samarinda, interviews with plaintiffs and attend proceedings dirrectly in the casa of land dispute resolution Wolter Mongonsidi Road. The nature of this study is qualitative descriptive analysis that describes the theory of civil law with the realities of legal practise in the field, as well as the impact of a slight difference from theories to practice.The result showed was a consideration in decidingcase judges not only revolve around the legal principle of justice, moral justice and social justice, but on the conscience, so that the law really be justice in the hands of judges and powerless function for justice seekers.Keywords : land dispute

PENCEGAHAN PEMBUKAAN REKENING DALAM TINDAK PIDANA PENCUCIAN UANG PADA KANTOR CABANG SYARIAH BPD KALTIM Agung Bhakti Hutomo
Journal of Law ( Jurnal Ilmu Hukum ) Vol 4, No 1 (2015)
Publisher : Universitas 17 Agustus 1945 Samarinda

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ABSTRACT This study aims to test empirically and find out how your account opening for the prevention of money laundering in the customer service unit at the Branch Office BPD Kaltim Samarinda. This study intends to find out how much tips and effort BPD Kaltim early Islamic prevent money laundering in particular of the earliest and small are in the process of opening an account to run the business - the dirty business of the perpetrators - perpetrator of money laundering (AML ). The research method that I use is empirical juridical sociological approach, the sampling method used by the writer is using purposive sampling technique. This research data retrieval technique using interviews, observation, and documentation. Type of interview used by the author is the semistructured interview. Method - the method of account opening made in the prevention of money laundering in the customer service unit must have been set in the applicable SOP, but of SOP is not enough, where power analysis or assessment conducted by the CS and Teller to each customer conducting transactions banking and menentukkan important enough. From this analysis to sharpen soul to the customer service -user user company is obliged to provide training - training with themes and new concepts related background mode - the mode abusing customers who bank savings account in conducting money laundering.Key word : Money Laundering

SUATU TINJAUAN PEMBATALAN JUAL BELI MENURUT PASAL 1266 DAN 1267 KUH PERDATA Valensius Higang
Journal of Law ( Jurnal Ilmu Hukum ) Vol 3, No 2 (2014)
Publisher : Universitas 17 Agustus 1945 Samarinda

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Abstract That role is now to be run Financial management Posted hearts Against A Comprehensive Control of the Company is: First, financial management Must respect WITH Introduction Sources AGRO And factors affecting the AGRO. Husband Means Financial management should relate to activity Regarding How USING treasure, And From the viewpoint Yang FURTHER, THE process of fund allocation FOR usage hearts Company. Financial management in the Event This is part of a team. The second is the management of funds. Through Process Monitoring liquidity, funding requirements will be known. How funding requirements met husband, Dan of Source APA, will be the most important part of the Company Regarding the Comprehensive Planning. Financial management functions of the Company hearts MAY be considered as a factor Activator For functions functions Implementation of other functions, financial management BECAUSE CAN determine the bounds of possibility To what big hearts the Company's ability to run its activities. Corporate Finance function experienced Developments From time to time, Start of Main functions To get the funds then USE funding problem analysis And Against The flow of funds (Flow of Funds) In perusahaan.Sesuai WITH development functions and understanding hearts Finance Company.

KEUTAMAAN HAKAMAIN ATAS ALASAN SYIQAQ DI PENGADILAN AGAMA SAMARINDA Hidayat Rahman
Journal of Law ( Jurnal Ilmu Hukum ) Vol 4, No 1 (2015)
Publisher : Universitas 17 Agustus 1945 Samarinda

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ABSTRACT This study, entitled "The virtue Hakamain Top Reasons Syiqaq In Samarinda Religious Court". Core issues that were examined in this study are: first, how the settlement divorce on the grounds syiqaq in the Religious Samarinda Court? second, how the procedures for the appointment hakamain the divorce case on the grounds syiqaq in the Religious Samarinda Court? third, whether the application of procedural hakamain in the case of divorce on the grounds syiqaq in Samarinda Religious Courts are in accordance with the Act - Act No. 50 of 2009? Based on the core issues above, the purpose of this study are: first, to explain what it hakamain as well as the functions, duties and powers. Second, explain the meaning syiqaq and various reasons. Third, explain the implementation hakamain in their divorce case on the grounds syiqaq in the Religious Samarinda.This research is descriptive research analysis. The approach taken is normative juridical approach that includes the history of law and comparative law. The data collection techniques through the study of literature and through field research. Data analysis techniques performed by juridical qualitative, and the results are set forth in the form of descriptive narrative.Based on the analysis the researchers did in order to answer the issues raised in this study, it can be concluded: first, settling disputes syiqaq the same as a regular divorce trial, which is the case registration must differentiate on grounds syiqaq from the beginning. Second, that the procedures for the appointment hakamain within reason of divorce on the grounds syiqaq is through interlocutory decision made judges who examined the case, before dropping a decision in which it is an incidental action of the judges. Hakamain from each party - each plaintiff and defendant in which they were proposed by the parties themselves. Third, the application hakamain in divorce cases must be in accordance with the laws - laws that apply and it is also the basis for the decision of the judges to examine cases of divorce on grounds syiqaq.On the basis of these conclusions the researchers propose suggestions: first, the need for public understanding of the steps - steps that must be taken before it filed for divorce in the Religious, especially on approaches amicably between a husband - wife who was bickering, so the expected effectiveness hakamain as emphasized by Al - Qur'an can be realized in the community, so the socialization of hakamain role can be further improved. Second, In an effort to reduce the number of divorce which included high within the jurisdiction of the Religious Court Samarinda, should the need for action - real action from relevant State Government agencies such as the Office of Religious Affairs, the Agency for Preservation Development Advisory Marriage (BP4) and agencies - other institutions that tekait the relationship of marriage and pre-marriage preparation for people - people who are ready to get married either in relation to maturity physically, spiritually and financially. With the expectation of future divorce for any reason including syiqaq that motivated by factors - factors mentioned above can be minimized as much as possible. Third, as a measure of academic need also held training for students of the Faculty of Law and Faculty of Shariah regarding the ability to be a mediator in reconciling the parties were bickering including syiqaq case is given in the existing curriculum at the Faculty of Law and Faculty of Sharia is still dominant limited Theoretically, so it needs to be balanced with practice-based curriculum. Where a mediator is not just only in the household problems as described above, but also a mediator could about what the fuss problems between individuals, between organizations with the organization, between individuals and organizations even from country to country.

ABORTUS PROVOKATUS DALAM ILMU PENGETAHUAN KEDOKTERAN DITIJAU DARI HUKUM PIDANA Bona Ventura
Journal of Law ( Jurnal Ilmu Hukum ) Vol 3, No 2 (2014)
Publisher : Universitas 17 Agustus 1945 Samarinda

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ABSTRACTAs a result of this current development, there are some groups of individuals to follow the new developments that are considered modern and leave the old because it is old-fashioned. With the change as it is today, which is experiencing growth often occurs many contradictions either individually or in groups, because the individual or group that there are pros and cons of the change. At the party who wants to oppose or resist the times are headed kepembaharuanakan crushed by renewing itself and would of competition on the teaching reform concerning values and morals. If it turns out such actions constitute a criminal act of abortion provokatus then look for who the perpetrators of such acts. The subsequent police search for explanations to the people who know the act was committed, nor evidence as conclusive evidence. Furthermore, police did arrest the person who did the deed. Similarly, laws concerning the interests of health, many are no longer relevant to protect the parties in the healthcare system with advanced technology. Finally the criminal law by law enforcement officers, are required to be more creative in studying and following the development of modern law that always adjusts development and social change in society

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Kota samarinda,

Kalimantan timur

INDONESIA