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HAK – HAK TERSANGKA PADA TINGKAT PENYELIDIKAN DAN PENYIDIKAN DALAM PROSES PERKARA PIDANA DI POLTABES SAMARINDA Endi Sri Prabowo
Journal of Law ( Jurnal Ilmu Hukum ) Vol 4, No 1 (2015)
Publisher : Universitas 17 Agustus 1945 Samarinda

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ABSTRACT Suspect dealing with the public prosecutor before the courts, both have the same position as well as the rights they have. Prosecutors will try to provide evidence to the court that can convince a judge that the suspect guilty and deserve to get a penalty. Prosecutors will try to show the items of evidence relating to misconduct in the case that alleged the suspects. Even the public prosecutor can bring witnesses who can incriminate a suspect. While the suspect himself entitled to deny what has been alleged by showing the evidence, even what he has alleged is not true. The suspect also can bring witnesses who can relieve it (witness a de charge). If the suspect was able to prove that he is innocent, then the interrogation of suspects and defendants discontinued immediately free of any charges that have been attributed to him. If the suspect can not prove that he is innocent, then the criminal proceedings against the suspects will be forwarded to the final stage. If there has been a violation of his rights by investigators, the suspect can do something that can make the investigator in question must be accountable for his actions. Legal remedies that may be filed by the suspect, his family and his lawyers are pre-trial efforts. With this pre-trial, suspects could get justice for violations of their rights that have been carried out by investigators. Another thing that can be done by the suspects to investigators who have violated their rights to make efforts to force and violence against the suspect is to report the investigator to the authorities, that the investigator who reportedly has committed the crime by committing violence against a suspect who can associated with Article 351 of the Criminal Code of the persecution that led to suspects suffering from both physical and spiritual. Obstacles encountered in providing legal protection is not yet the enactment of existing laws and regulations in as much as there are sociological does not apply in the community. In addition due to the attitude of the defendant itself that can not be invited to cooperate. Another thing that causes is still incomplete enforcement of the rights of the suspect because of the low level of professionalism officials investigator investigators and officials in performing their duties. Lack of existing facilities and infrastructure and the lack of funds to conduct investigations and inquiries also causes still somewhat difficult enforcement of the rights of suspects. There is still a lack of supervision and control by the time checks take place, thus making the investigator freely at will itself carry out checks according to the way in love

PENERAPAN 303 KUHP TERHADAP JUDI SECARA ONLINE KAITANNYA DENGAN PROSES PENYELIDIKAN DI POLRESTA SAMARINDA Hedar Hedar
Journal of Law ( Jurnal Ilmu Hukum ) Vol 4, No 1 (2015)
Publisher : Universitas 17 Agustus 1945 Samarinda

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ABSTRACT An increase in the mode of the crime of gambling are higher this could be seen from the prolifertion of types of gambling, such Togel, gambling tail, white coupon gambling, especially with the development of technology that also form the gambling was progressing as exampes of gambling by means of the use of internet technology. Problem gambling is already stipulated in the articles of KUHP namely article 303 and article 303 bis and laws ITE contaned in article 27 paragraph (2).Formulation of the problem as follows the factors that lead to criminal acts in the online gambling community samarinda city and the constraints faced by the authorities in addressing and eradicating the crime of online gambling is happening in society samarinda city. Research used in preparing this thesis, is empirical juridical approach, the specification of the research is descriptive. Data used in this research is secondary data, methods of data collection using interviews and the research literature. Methods of presenting the data in this research use descriptive method.The results showed :The factors that lead to online gambling in samarinda namely economic factors, factors of unemployment, factors and try fad, educational factors, and environmental factors.Constraints faced by the police samarinda in tackling and infrastructure that exist within the scope of the police, the police further education, proving incomplete and gambling are organized. Suggestions in this study were police officers in the field of information technology in online gambling disclosure and utilization of mass media to investigate and phenomenon of online gambling Key Word : Gambling, Internet, Online Gambling

KEDUDUKAN BADAN ARBITRASE SYARIAH NASIONAL DALAM HUKUM NASIONAL INDONESIA Bincang Bincang
Journal of Law ( Jurnal Ilmu Hukum ) Vol 4, No 1 (2015)
Publisher : Universitas 17 Agustus 1945 Samarinda

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ABSTRACTIONThe terms of the Indonesian legal system (National), the existence of Arbitration National Sharia (BASYARNAS) as an arbitration institution Islam has a legitimacy that is very strong due to positive law currently allows some other institutions outside the judiciary generally become a referee / judge in the settlement of disputes the parties. This can be seen in Law No. 4 of 2004 Article 3, paragraph 1 of the main points of the judicial authorities and Law No. 30 1999 on Arbitration and Alternative dispute resolution between the parties. Indonesian National Arbitrage Agency. Both have the same authority that resolve civil disputes by means of peace, but BASYARNAS in running its authority based on the Quran and Al Hadith.BASYARNAS has authority in solving business disputes the parties in accordance with the regulatory procedure menangai BASYARNAS namely in terms of disputes arising in relation to trade, industry, finance, services, etc. where the parties agree to submit the settlement to BASYARNAS. But BASYARNAS not authorized to settle disputes like inheritance, grants, divorce etc. in because it is within its jurisdiction.

PENERAPAN SANKSI PIDANA TERHADAP PERUSAHAAN YANG TIDAK MELAKSANAKAN REKLAMASI PASCA TAMBANG DI KABUPATEN KUTAI KARTANEGARA (TINJAUAN UNDANG-UNDANG NOMOR 4 TAHUN 2009 TENTANG PERTAMBANGAN MINERAL DAN BATU BARA) Dedi Setiawan
Journal of Law ( Jurnal Ilmu Hukum ) Vol 4, No 1 (2015)
Publisher : Universitas 17 Agustus 1945 Samarinda

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ABSTRACTION Dedi Setiawan, 11.11.1001.1011.151. Application of Criminal Sanctions Against Company That Do Not Perform Post-Mining Reclamation At Kutai (Review of Law No. 4 of 2009 on Mineral and Coal Mining).thesis. Law, Faculty of Law, University of August 17, 1945. 2015 Supervisor I :. Prof.H.Sarrosa Hamong Pranoto, SH, .M.Hum and Supervisor II :. Isnawati, SH, .MH This study aims to find out about the application of criminal sanctions against companies that do not carry out reclamation and mine closure in Kutai, which in this study aims to discuss the application of criminal sanctions against against companies that do not carry out the post-mining reclamation review of Law No. , 4 on Mineral and Coal. This study uses empirical methods. Source of data used are primary data and secondary data. It can be concluded that the application of criminal sanctions against companies that do not carry out the post-mining reclamation and regulated in Law No. 4 of 2009 on Mineral and Coal and its implementation has been stipulated in Government Regulation of the Republic of Indonesia Number 78 Year 2010 About the Mine Reclamation and pacsa. The government revoked the license either through a written warning, suspension of operations until revocation of IUP, IUPK, or IPR. According to the results of research in Kutai there are companies that do not carry out the post-mining reclamation because the majority of companies are still actively mined.

TINJAUAN TERHADAP PEMIDANAAN ANAK BERKAITAN DENGAN TINDAK PIDANA PERSETUBUHAN BERDASARKAN UNDANG-UNDANG NOMOR 35 TAHUN 2014 TENTANG PERLINDUNGAN ANAK Fajar Jaya
Journal of Law ( Jurnal Ilmu Hukum ) Vol 4, No 1 (2015)
Publisher : Universitas 17 Agustus 1945 Samarinda

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ABSTRACT The overview of juvenile punishment which related to a copulation crime based on Ordinance Number 35 of 2014 about Children Protection. It is advised by Mrs. Kunti Widayati, SH, M.Hum. as Adviser Lecturer I and Mrs. Ony Rosifany, SH, M.Hum. as Adviser Lecturer II.This research is formulating a problem about the application of juvenile punishment and motive factors for juvenile who commits a copulation crime. The aim of this scientific research is to develop the law science, especially to improve the knowledge and reference of the juvenile punishment application.This research method is using a normative juridical and empirical juridical method. Normative juridical method uses literature of law resource, empirical juridical method uses field research and interview.The description of this research describes the formulation a problem about the application of juvenile punishment juvenile who commits a copulation crime and participation of law institution to rule the regulation as good as possible.According to the result of this research can be found there are many factors which influence a juvenile commits a copulation crime, especially internal factor which consist of psychis, mental and religion. And also external factor which consist of family, social, educational environment, and mass media. And the active role of society, especially law enforcement officials in handling cases of criminal offenses committed by children intercourse. Keywords :criminal, children, capulation

PEMBERIAN BILYET GIRO (BG) SEBAGAI BENTUK BOOKING TRANSFER DAN MASALAHNYA Meily Oktavia Lingga
Journal of Law ( Jurnal Ilmu Hukum ) Vol 4, No 1 (2015)
Publisher : Universitas 17 Agustus 1945 Samarinda

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ABSTRACT Giro generally used by businesses or entrepreneurs, because the traffic of demand deposit payment was a practical and efficient also safer, because the giro using funds transfers from the publisher's account to the recipient's account giro. So publishing a giro also brought obligation for the issuer to provide funding in the form of current accounts. Publishers had an obligation to fulfill the little funds-at least essentially equal to the engagement. If the publishers did not have money in the bank, the bank would reject the giro. Sanctions against giro empty publishers, among others; For the first violation publishing vacant giro given the first warning letter, so that the concerned does not issue blank giro again; For violations of the issuance of the second blank giro given a second warning letter with the threat of closure of accounts and the inclusion of his name in the black list; For violation of issued empty Giro for third time, to customers directly notified by letter that gironya account is closed. Efforts made by bank for issued empty giro: Fostering customer; rejected the giro which had not enough funds ; By conducting clearing, this is to avoid the vacuum of funds in banks Key Word : Giro, Bank , Empty Giro

GROSSE AKTA YANG DIBUAT NOTARIS SEBAGAI PENGAKUAN HUTANG DALAM PERJANJIAN KREDIT PADA BANK RAKYAT INDONESIA SAMARINDA Asmara Sari
Journal of Law ( Jurnal Ilmu Hukum ) Vol 4, No 1 (2015)
Publisher : Universitas 17 Agustus 1945 Samarinda

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ABSTRACT Asmara Sari, 2014 GROSSE NOTARY DEED ARE MADE AS IN RECOGNITION OF DEBT CREDIT AGREEMENT WITH BANK RAKYAT INDONESIA SAMARINDA. Faculty of Law, University Seventeen August 1945 Samarinda. Supervisor: (1) Abdul MUNIF SH., M. Hum. (2) Sastiono Kesek, SH, LLM. In the application or implementation is not easy to determine whether grosse deed filed in compliance with the formal requirements and substantive. Especially with regard to the material requirements of the deed grosse. In practice many problematic because of developments in their society grosse deed which is based on a credit agreement of the bank as a principal agreement. Grosse deed of acknowledgment of debt that is overlaid with other agreements such as the power to sell and or authority to install the security rights and others in the grosse deed is not allowed because it causes ambiguous in execution, namely whether the execution was carried out against grosse deed of acknowledgment of debt or the certificate of encumbrance , So this infringe the rules of law set forth in article 224 HIR and fatwa MA No. 213/229/85 / UM-TU / Pdt April 16, 1985 so grosse deed of acknowledgment of debt was not pure debt acknowledgment debtor to the creditor a certain amount and cause the debt recognition grosse deed null and void and the implementation of the execution can not be carried out. And the payment in installments, interest and penalties and other costs to the cost of execution that is overlaid in one grosse deed of acknowledgment of debt can not be justified in accordance with the nature of grosse deed that must be purely unilateral statement of the debtor that recognizes owe certain amount of money to the creditors in accordance with its rules in article 224 HIR and fatwa MA No. 213/229/85 / UM-TU / Pdt April 16, 1985, while the inclusion of a clause on payment in installments, interest and penalties and other costs to the cost of execution should be included in the deed of loan agreement only. The execution procedure grosse deed of acknowledgment of debt does not have to go through the District Court, but in practice it often happens that an application for recognition grosse deed of loan must first pass through the court process and can not be directly applied for the execution of grosse deed of acknowledgment of debt and it will take a long time. While the government bank Bank Rakyat Indonesia Branch Samarinda then be handed over to KPKLN and PUPN, even so when the instasi filed a lawsuit to the District Court, the Court should not be refused on the grounds is not the authority of the Court.

KEWENANGAN KEPOLISIAN NEGARA REPUBLIK INDONESIA ( POLISI PERAIRAN ) DALAM PEMBERANTASAN TINDAK PIDANA PELAYARAN OVERDRAFT DI TINJAU MENURUT UNDANG - UNDANG NOMOR 2 TAHUN 2002 TENTANG KEPOLISIAN NEGARA Edy Sanjaya
Journal of Law ( Jurnal Ilmu Hukum ) Vol 3, No 2 (2014)
Publisher : Universitas 17 Agustus 1945 Samarinda

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ABSTRACTCriminal offenses cruise is one of the criminal acts that occurred in the waters and a threat to the crew or passengers and cargo in the payload, and here the role of water police as acting principal in the waters of the competent prosecuting criminal offenses in accordance with the authority of the Police as contained in Article 16 of Law - Law No. 2 of 2002 on State police can make arrests, detentions, searches and seizure. Sailing criminal offense provisions set in the Law - Law No. 17 of 2008 on Shipping in Chapter XIX of Article 284 to Article 336. Enforcement will be undertaken in order to combat criminal acts cruise excessive overdraft or charge for the creation of law enforcement in the waters under the principles rule of law in Article 2 of Law - Law No. 17 of 2008 on the cruise

TINJAUAN YURIDIS TERHADAP PENGATURAN PENGUASAAN DAN PENGGUNAAN TANAH PADA KAWASAN SEMPADAN SUNGAI DI KECAMATAN DAMAI KABUPATEN KUTAI BARAT Sariyah Sariyah
Journal of Law ( Jurnal Ilmu Hukum ) Vol 4, No 1 (2015)
Publisher : Universitas 17 Agustus 1945 Samarinda

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BSTRACTION In life of everyday us, where us Do activity, aktifitas, effort etcetera, all begining from land;ground, and earth which we tread on is ground land, source of everything come. Because groundland is something that of vital importance, hence government make a order in Constitution 1945, section 33, and in making furthermore other rule in code Number 5 Year 1960 about regulation of specifics of agraria Law Number 5 Year 1960, section 6 sound: All Land Right Have Social Pungsi. Hence with existence of ground land owning social pungsi of government make a order to be can in adhering to do well by legal body, individual or group of people, etcetera. Social function related to ground land is white colars development, university and schoolhouse, hospital, final place of exile ( TPA), place funeral of public ( TPU), market, plantation location and agriculture, town garden, conducting garden, river border and other covert area. With existence of regulation of local government of Sub-Province of Kutai West, hence division of regional zona according to allotment can be executed according to rule of regulation of perundang-unddangan. For example: Area protected forest, protected forest area and energy kindness, area development of town and kampong, plantation area and agriculture.Keyword: Usage of Land;Ground at river border area, pursuant to perda of Year no.32 2005 bar sub-province.

PERANAN PEMERINTAH DALAM KAITANNYA DENGAN PERJANJIAN FRANCHICE BENTUK USAHA ALFAMIDI DI SAMARINDA Yudhi Bintoro
Journal of Law ( Jurnal Ilmu Hukum ) Vol 3, No 2 (2014)
Publisher : Universitas 17 Agustus 1945 Samarinda

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AbstractIn Indonesia's economy, one of the fields is quite prominent is the trade sector. It has three main activities, namely the economic system of production, distribution and consumption. One way of distributing the expanding business internationally is through licensing, as an alternative attempt to get closer to consumers in a country as well as to reduce the impact of transport costs high export, as well as the risk of loss of product from the market as a result of transportation risks and embargo which may done politically.Freedom of contract would only result in maximum benefit when there is an unfair distribution of wealth it or is not satisfactory, then the exchange generated by the agreement will reflect the injustice and discontent. Important qualification of the progress of freedom of contract to produce a satisfactory distribution was almost completely been ignored by the classical economists are rarely questioned about inequality in society. The use of goods produced in Negeri.Sebagai suppliers or the Franchise thus get boost and develop small and medium enterprises in Samarinda.

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Contact Name
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Journal Mail Official
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Location
Kota samarinda,

Kalimantan timur

INDONESIA