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INDONESIA
DEDIKASI JURNAL MAHASISWA
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Articles 1,052 Documents
TINJAUAN YURIDIS PERLINDUNGAN HUKUM TENTANG RESEP RAHASIA PT.FASTFOOD INDONESIA (KFC) CABANG SAMARINDA MENURUT UU NO 30 TAHUN 2000 TENTANG RAHASIA DAGANG IQBAL EGI PRASETYA
Journal of Law ( Jurnal Ilmu Hukum ) Vol 5, No 1 (2017)
Publisher : Universitas 17 Agustus 1945 Samarinda

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ABSTRACT Protection secret legal trade in agreement waralaba ( passed to franchise) giver waralaba ( franchisor) in cooperation agreement waralaba effect of existence collision its partner. This study aims; first, study and analyze and know the form of legal protection of trade secrets in the franchise agreement. Second, to know the legal efforts which can be done by franchisor for the action franchisee who use their own trade secrets. The type of study id the study of law with emphasis on empirical research. The research. The research sample set with non-random sampling technique. Legal materials studied include primary legal materials that legal meterials obtained from the information obtained from interviews with related-parties, secondary legal materials, which are the legal materials that can support the statements or the compeleteness of supporting primary legal materials obtained from material that primary and secondary legal materials. Legal meterials were analyzed by descriptive qualitative. The results of study showed that the legal protection of trade secrets in the franchise agreement is given to the franchisee in the franchise agreement as a result of any breach by the partners in principle covered. This can be seen in the contract/agreement has been agreed in particular on confidentiality clauses and without competition. Forms of legal protection of trade secrets in the franchise agreement can be preventive i.e making contracts/agreement, arrangements in the legislation in the field of intellectual property rights and making government regulation on franchise. In a repressive form written warning, disconnection of contract/agreement and termination of the contract/agreement.
PEMBUATAN AKTA PERJANJIAN PENGIKATAN HAK TANGGUNGAN YANG DIBUAT OLEH NOTARIS / PPAT BILA DITINJAU DARI ASPEK HUKUM PERDATA Markus Palu Weking
Journal of Law ( Jurnal Ilmu Hukum ) Vol 5, No 1 (2017)
Publisher : Universitas 17 Agustus 1945 Samarinda

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ABSTRACT The mortgage bonding agreement as a credit guarantee actually contains a weakness especially when viewed from Article 1320 BW Jo Article 1338 BW, because in the agreement on the bonding of mortgages as collateral there is no consensus in the broad sense of the two sides, but only one-sided. While the creditor has determined its contents in the making of the contract of binding of the mortgage while the applicant in giving the agreement is merely fictitious, because if it does not agree then the credit disbursement will fail. The mortgage bonding agreement as credit guarantee not only contains weaknesses, but also deviates from the principles contained in Article 1320 BW Jo Article 1338 BW. Therefore, the question of the validity of the agreement on binding of mortgages as collateral for credit when viewed from Article 1320 BW Jo Article 1338 BW formally can be said that the agreement is not valid. The issue of the parties' attachment to the credit agreement is that the parties may promise anything, as long as it is not contrary to law and morals, and what is legally agreed is binding on the law. The attachment of the Notary in case of any civil law matters which up to the court of the country may take the position of Witness and may also be a party to the defendant.
HAK ATAS PENSIUN SEBAGAI JAMINAN HUTANG PADA BANK RAKYAT INDONESIA CABANG SAMARINDA Zulya Rahmanisa
Journal of Law ( Jurnal Ilmu Hukum ) Vol 3, No 1 (2014)
Publisher : Universitas 17 Agustus 1945 Samarinda

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AbstrakYang dimaksud pensiun menurut Undang-Undang Nomor 11 Tahun 1969 pada pasal 1 adalah “Pensiun adalah jaminan di hari tua dan sebagai penghargaan atas jasa-jasa pegawai negeri selama bertahun-tahun bekerja dalam dinas pemerintahan”. Dengan pensiun ini diharapkan nantinya dapat dipergunakan sebagai jaminan di hari tua dan juga sebagai penopang apabila pegawai negeri tersebut telah tua dalam arti sudah tidak produktif lagi.Searah dengan makin majunya dunia perbankan di Indonesia, akhir-akhir ini ternyata timbul dalam praktek kehidupan masyarakat, khususnya dalam kehidupan pensiunan pegawai negeri yakni dapat dijadikannya hak atas pensiun sebagai jaminan hutang pada bank. Cukup menarik untuk dikaji lantaran biasanya yang dijadikan jaminan hutang adalah sesuatu yang berwujud benda seperti tanah, rumah dan lain-lain tetapi nyatanya dalam praktek perbankan hak atas pensiun dapat dijadikan sebagai jaminan hutang tentunya dalam hal ini kita mencari argumen dimasukkannya hak atas pensiun dijadikan sebagai jaminan hutang pada bank.
PENGAKUAN PARA PIHAK SEBAGAI PERTIMBANGAN HAKIM DALAM MEMUTUS PERCERAIAN DI PEGADILAN AGAMA SAMARINDA (Studi Kasus Di Pengadilan Agama Samarinda ) Arbain Arbain
Journal of Law ( Jurnal Ilmu Hukum ) Vol 4, No 2 (2016)
Publisher : Universitas 17 Agustus 1945 Samarinda

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ABSTRACTThe existence of Religious Courts under Act No. 7 of 1989, as amended by Act No. 3 of 2006 one of the courts in Indonesia, in addition to the District Court, the Military Court and the Administrative Court as stipulated in Law No. 14 of 1970 on the Main Principles of Judicial Power, which has been revised in Law No. 35 of 1999 and subsequently converted into Law No. 48 of 2009 on Judicial Power.One form of the examination process in the civil procedural law of evidence used as a tool to convince the judge the truth of the proposition or the reasons set forth in the dispute. Some problems can be formulated in this research is how the inspection procedure and whether the recognition of a divorce case can be accepted as proof that stand alone in a divorce case in the Religious.Preparation of this paper by using the library (library research) literature that the basic material in the form of expert opinions and legal provisions of law that there is a link with the issues mentioned above as well as conduct research with interviews and observations in the Religious Court Samarinda.The results of the study authors get is a divorce case examination procedure in Samarinda Religious Courts in accordance with applicable law. Recognition in the case of divorce cases in the Religious Court can not be used as evidence but must be corroborated by other evidence.The conclusion of this study is the author of the examination procedure in Samarinda Religion divorce cases in accordance with applicable law and recognition can not be used as evidence in the trial. Advice the author gives is that the admission as evidence can be applied also to avoid multiple interpretations that need to be regulated in the law in Indonesia.Keywords: Recognition of Marriage Act Law 1 1974, recognition as one type of evidence
TINJAUAN YURIDIS TERHADAP ALOKASI DESA DI KECAMATAN TABANG YANG TIDAK SESUAI DENGAN PROGRAM PEMERINTAH KABUPATEN KUTAI KARTANEGARA Supardi Supardi
Journal of Law ( Jurnal Ilmu Hukum ) Vol 4, No 2 (2016)
Publisher : Universitas 17 Agustus 1945 Samarinda

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ABSTRACTThe purpose of this study is to provide an overview of the implementation of the Village Fund Allocation in the village of barusub district tabang kutai regency as well as contributing factor and obstacles affecting the implementation and strategies that must be done in order of success programs government but it also will provide recommendations to the local government in the management of the village fund allocation.The method used in this research is qualitative descriptive method, where the main instrument in the study is the researchers themselves. Sources of date used is the source of primary data and secondary data relating to the circumenstances of government programs. In this study, the authors also use the survey in order to obtain primary data on the village fund allocation policy in new village district of tabang regency. On the basis of available data, the authors attempt to describe/ illustrate a systemtic, factual and accurate information on the facts, characteristic and relationship between phenomena that exist. The results showed that the implementation of the policy of the village fund allocation (ADD) in the village of barusud district tabang kutai regency went pretty smoothly. However, when linked whit the government programmes, the implementationof the village fund allocation (ADD) in new village district of kutai regency tabang not optimal. Although the purpose of improvement of government and community development, has been implemented optimally, but the purpose of the upgrading of an association of villages in the planning, implementation and control of the development has not run optimally. Likewise, the purpose of increasing the participation of non-governmental mutual aid society is not optimal.Some of the factors that affect the implementation of the programmes government in managing the village fund allocation (ADD) in the village of barusub distric tabang kutai regency is comumunication, human resource capabilities, attitudes executor, buresucratic structure, the environment and the size and purpose of the policy is not appropriate.
PERANAN PEMERINTAH DALAM TATA KELOLA PASAR MALAM BERDASARKAN PERATURAN DAERAH KOTA SAMARINDA NOMOR 13 TAHUN 2011 TENTANG RETRIBUSI JASA UMUM Novi Yanti Sari
Journal of Law ( Jurnal Ilmu Hukum ) Vol 4, No 2 (2016)
Publisher : Universitas 17 Agustus 1945 Samarinda

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ABSTRACT          This study, entitled “The Role of Government Governance Night Market Based Samarinda City Regional Regulation No. 13 of 2011 Concerning Public service levies”.          This study aims to determine the role of the government of Samarinda in Managing the Night Market in the city of Samarinda and to know how to maximize the regional revenue through levies on the Market Night Market.          This research was conducted in the Office of the City Market Samarinda to conduct interviews with the Head of Revenue and retrieve the data that is relevant in the market especially regarding levies Night Market. In addition, the study also conducted a study of literature by way of examining the books, literature and laws and regulations relating to the issues that will be discussed in the thesis writer.          The findings obtained from this study include: (1) the absence of local regulations that specifically govern the management of the night market in Kota Samarinda. (2) The efforts made by the Office of Market Management Samarinda to obtain retribution from the market from traders who sold the night market, among others by direct observation on the location of the night market so as to obtain the data to develop a night market. In addition the market management office asking for the enactment of local legislation new regional regulations in order to provide facilities such as proper infrastructure specific to the merchant who sold the night market. To do so, the levy charged to the merchant who sold the night market, ultimately achieved balanced development of both government and society, especially the night market traders. Keywords: Governance Night Market, Regulation No. 13 In 2011.
TANGGUNG JAWAB HUKUM APARATUR SIPIL NEGARA BERKAITAN DENGAN INDISIPLINER KERJA BERDASARKAN UU No. 5 TAHUN 2014 DI KABUPATEN KUTAI BARAT Rizeldy Faschalis
Journal of Law ( Jurnal Ilmu Hukum ) Vol 5, No 1 (2017)
Publisher : Universitas 17 Agustus 1945 Samarinda

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ABSTRACTBureaucracy reform is essentially an effort to make fundamental reforms and changes to the system of governance, especially concerning aspects of institutional (organization), management and human resources of the state apparatus. Various problems or obstacles that result in the system of governance is not expected to run properly should be reorganized or updated. Bureaucracy reform is implemented in order to realize good governance. In other words, bureaucratic reform is a strategic step to build the state apparatus to be more efficient and effective in carrying out the general duties of government and national development
TANGGUNG JAWAB YURIDIS RUMAH SAKIT TERHADAP PERLINDUNGAN HAK PASIEN SELAKU PENGGUNA JASA PELAYANAN KESEHATAN Rusniawati Ayu Safitri
Journal of Law ( Jurnal Ilmu Hukum ) Vol 4, No 2 (2016)
Publisher : Universitas 17 Agustus 1945 Samarinda

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ABSTRACT Every human being has been born human rights. One of the human rights that are recognized and respected in Indonesia is the right to health. The right to health is set directly in the Indonesian constitution, namely in Article 28H of the Constitution of the Republic of Indonesia Year 1945, which stipulates that "Everyone has the right to live in welfare and spiritual birth, residence, and obtain environmental good and healthy and receive medical care ". The importance of health requires effort to achieve health in accordance with the constitutional mandate and legislation as well as the concept of the importance of health in many aspects. If the patient experiences a loss due to the negligence or fault of health workers, the patient is entitled to receive compensation, because the positions as the patient suffered losses caused by the hospital as a result of default or unlawful acts. The relationship between doctors and patients have a contract (the doctrine of social-contract), which gives the public profession of the right to self-regulating (autonomous profession) the obligation to provide a guarantee that the professionals who practice only professionally competent and who carry out the practice of his profession in accordance with the standards. Hospital paradigm change of social institutions into socio-economic institutions that can be used as subjects of law. Therefore, it should be anticipated with clarity about the rights and responsibilities of each stakeholder in the management of the hospital, which will be organized into Hospital bylaws (Statute). Hospital as a health care institution whose energy multi-disciplinary terms with funds and technology. So it does not close the possibility of conflicts between interested parties between the customer with palayanan providers, as well as between the owner and the manager or manager with his staff. Hospital Bylaws (Statute) is one form of written rules that apply in a hospital in order to protect all parties concerned is good and right by a sense of justice.. Keywords : protection, rights, patients
TINJAUAN YURIDIS TERHADAP PEMBANGUNAN PERUMAHAN OLEH PERUSAHAAN PENGEMBANG YANG BELUM MEMILIKI IZIN MENDIRIKAN BANGUNAN DI KOTA SAMARINDA Sudirman Sudirman
Journal of Law ( Jurnal Ilmu Hukum ) Vol 5, No 1 (2017)
Publisher : Universitas 17 Agustus 1945 Samarinda

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ABSTRACT Building conservation permit is the most fundamental thing to be considered by the developer of housing, before doing development activities. Building permit is also a tool or means of control Pemerinth in conducting supervision of any development, so that in the arrangement of the City can be arranged neatly.This study aims to determine the causes of housing developers in building housing although not yet have a building permit. The efforts of the regional government in the framework of the issuance of housing development, and the effort to build the building permit by the developer due to the weakness of the supervision of the licensing agency, the lack of coordination among relevant licensing agencies, and the legal awareness of developers and consumers is still low. Strikes and sanctions and socialization of licensing rules.
TINJAUAN YURIDIS PELAKSANAAN MAGANG CALON NOTARIS BERDASARKAN UNDANG-UNDANG NOMOR 2 TAHUN 2014 (DI KOTA SAMARINDA) Citra Wahyuni Ayu Pallawa
Journal of Law ( Jurnal Ilmu Hukum ) Vol 4, No 1 (2015)
Publisher : Universitas 17 Agustus 1945 Samarinda

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ABSTRACTThis research  review  on the implementation  of the apprentice Candidate Notary based on Act No. 2, 2014, in the city of Samarinda, this research using methods of Juridical Normative Juridical and Sociological, in this case the notary is a public official or officials who perform the duties of the state in legal services to the community in order to achieve legal certainty, A notary public is a powerful document maker in legal proocedings because  the deed-a deed which he has the power of proof is perfect and the certificate used by the parties as a means of proof.Notary  public in carrying out its duties related to the ethical values of the profession which regulated either in legislation or in the code of ethics of the profession of notary public itself, therefore the notary  should always be based on the provisions.One of  the conditions of the appointment of a notary public is an intern for 24 consecutive months the office of notary public, for internships is very necessary for a candidate notary to apply knowledge that has been gained  by the practice of a notary public lecture significantly, but in the process of apprenticeship apprentice Notary candidates don’t have the guidelines in carrying out the practice of science internships so that they get maximum not.

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