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TINJAUAN YURIDIS TERHADAP PROSES PENYELESAIAN SENGKETA KEPEGAWAIAN APARATUR SIPIL NEGARA DI PENGADILAN TATA USAHA NEGARA SAMARINDA Krismanindika, Revita Martha
Journal of Law ( Jurnal Ilmu Hukum ) Vol 1, No 1 (2018)
Publisher : Universitas 17 Agustus 1945 Samarinda

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ABSTRACTÂ Nowadays, there are many Indonesians who are busy wanting to become civil servants. Many things are considered by the community to become civil servants, such as a fairly good basic salary and then the benefits provided by the government both central and regional are quite a lot. With so many civil servants, there are many problems faced by the government itself, such as employment disputes, in the form of decisions issued by TUN officials / bodies.This research is a study of normative law that is legal research method that is done by researching library materials or secondary data only. The research procedure used is the research of collecting legal materials that will be used in this research is literature study is data collection by reading the legislation, official documents and literatures closely related to the issues discussed.The results of my research at Pengadilan Tata Usaha Negara Samarinda explained that the efforts that could be made were through administrative efforts by filing objections within the agency and with administrative appeals to the Civil Service Supervisory Agency (BAPEK), appeals were made after filing objections but were still not satisfied. Then if the administrative effort has been passed but is still not satisfied, then it can submit a claim to the State Administrative Court (PTUN). So it can be concluded, if there is a staffing contract, the civil servant can make legal efforts as stipulated in the Act.Â Keywords: Government Employees, Dispute, PTUN

UPAYA KEPOLISIAN DALAM MENERTIBKAN PELANGGARAN LALU LINTAS KHUSUSNYA BALAP LIAR DIWILAYAH HUKUM POLRES KUTAI TIMUR Magdalena, Lidya
Journal of Law ( Jurnal Ilmu Hukum ) Vol 1, No 1 (2018)
Publisher : Universitas 17 Agustus 1945 Samarinda

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ABSTRACTÂ Â Â Â Illegal racing is an arena for speeding vehicles, especially motorized vehicles, where motor racing is carried out without official permission and is held on the highway including public facilities. Usually this wild race activity is carried out in the middle of the night until early morning when the atmosphere of the highway has begun to lane, Actors of illegal racing do not care if there are other motorists on the public road, their main goal is to win a wild race that was held at that time. They even ignore the safety of others and their own safety.Traffic Police Efforts in controlling illegal motorbike action can be seen from the results of the translation as well as from the activities carried out by the traffic police in efforts to prevent illegal motorbike racing actions.The need to add activities in the process of control through coaching to overcome and prevent, this is done so as not to cause unrest for the community in order to create a sense of security and give guidance about the dangers of illegal motor racing action to the perpetrators and the public.Â Keywords: Police Efforts, Wild Race

HARTA WARIS PADA ANAK ANGKAT MENURUT KOMPILASI HUKUM ISLAM DI PENGADILAN AGAMA SAMARINDA Gunawan, Ariya
Journal of Law ( Jurnal Ilmu Hukum ) Vol 1, No 1 (2018)
Publisher : Universitas 17 Agustus 1945 Samarinda

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ABSTRACTInheritance status for foster child according to islamic law compension in a religious court Samarinda, under the guidance of Bapak Dr. H. Abdul Rokhim, S.H.,M.Hum as a mentor lecturer I dan Ibu Gusti Heliana Safitri, S.H.,M.H. as a mentor lecturer II.The purpose of the study is to know how to position adopted child right according to the compilation of islamic law and how to settle the birthright of the adopted child according to the compilation of islamic law.The type of research in this study uses normative ad sosiological juridical research methods.The result showed that the birthright position of the adopted child according to the compilation of islamic law was as a legitimate child based on a court ruling by not deciding the customer or the blood with his biological parents. So the position of the adopted child is thus the position of the child who will be the successor and subsequent heir of his adoptive parents so that the right of a adopted child who also act as a subject of law even in the inheritance law of the adopted child islam is not entitle to a will but in the compilation of islamic law the adopted child is entitle to the so-called wills mandatory according to the law that sets the limit as much as one â€“third of their adoptiv parents â€˜ estate and settlement of wills manatory are adopted children must also have an authentic property or court determination because if the heir party does not want to give the right one-third of the child â€˜s inheritance will be able to submit the claim to the religious court Samarinda.For the religious court expected to provide an explanation of the united states of islamic law enforcement of islamic law of islamic 209 verse and the lawâ€™s concealed wire and certainly of the prosecution is a matter of the law, and the following the police of the police are being endeavaged to the public of the public, or the police of the publicâ€™s place or the cooperation of the rules to keep it to justice to keep justice and the sense of responsibility.Keywords : Birthright, foster child, compilation of islamic law

TINJAUAN HUKUM ASURANSI KENDARAAN BERMOBIL HERNANDA, MUHAMMAD NOOR
Journal of Law ( Jurnal Ilmu Hukum ) Vol 1, No 1 (2018)
Publisher : Universitas 17 Agustus 1945 Samarinda

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ABSTRACTÂ The implementation of insurance policy of motor vehicle is based on the Act No. 40 of 2014 concerning to insurance and refers to the Financial Service Authority (OJK) in Circulation No. SE-06/D.05/2013 concerning to the Determining of premium rate. The insurer will provide the insured the compensation as determined in policy. The low consequence of insurer who did not pay the claim will get the sanction such as warning, limitation of business activity and the withdraw of business permit. The procedure of claim by provide the real information about the causal factor of accident, submit the identity of driver, and explanation letter from police if there is lost.Keywordes : Insurance, Motor vehicles,

TINJAUAN TERHADAP TINDAK PIDANA PENYALAHGUNAAN NARKOTIKA OLEH OKNUM ANGGOTA TENTARA NASIONAL INDONESIA DI KOTA SAMARINDA Try Sutrisno
Journal of Law ( Jurnal Ilmu Hukum ) Vol 5, No 2 (2019)
Publisher : Universitas 17 Agustus 1945 Samarinda

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Abstract The problem in this study is how the authority and legal process against Narcotics acts by unscrupulous members of the TNI in Samarinda City as well as additional criminal dismissals from military service. Members of the TNI as perpetrators of narcotics crime other than subject to criminal imposition according to what is stipulated in Law Number 35 of 2009 concerning Narcotics may be subject to additional criminality in the form of dismissal from military service regulated in Article 6 letter b of KUHPM. The purpose of this paper is to explain the consideration of the Balikpapan I-07 Military Court judge in dropping an additional criminal dismissal from military service against members of the TNI as perpetrators of narcotics crimes and the possibility of imposing other types of criminal offenses against TNI members as narcotics offenders.In this thesis library and field research is conducted to obtain Primary data through interviews and secondary theoretical. From the results of the study it is known that the orders of superiors, military interests, the services of TNI members of narcotics criminals while in the military and the involvement of TNI members in acts of narcotics in narcotics cases are considered by military court judges in imposing additional criminal penalties. Additional types of criminal acts applied to members of the TNI that were proven to be involved in narcotics crimes were only in the form of dismissal from military service and there was no possibility of dropping other additional types of criminal offenses, because the dismissal of military service was considered comparable to criminal acts. The Army has issued Telegram Letter Number STR / 771/2018 dated July 9, 2018 concerning the prohibition of drug abuse and circulation for members of the Indonesian Armed Forces

UPAYA DALAM PENEGAKAN DISIPLIN/KODE ETIK ANGGOTA POLRI (Studi Di Polres Kutai Timur) Padilan, Ferry
Journal of Law ( Jurnal Ilmu Hukum ) Vol 1, No 1 (2018)
Publisher : Universitas 17 Agustus 1945 Samarinda

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ABSTRACTThe police force is one of the law enforcement officers who are always at the forefront in protecting, serving and protecting the community. In carrying out their duties it is not easy to deal with problems that are in society,Violations of the code of ethics or other forms of violations commonly practiced by members of the Indonesian National Police ie leaving the duty illegally while a National Police leaves work without a reason then a member of the National Police commits a criminal offense of insulting a woman or money laundry, violating the oath of the Police's pledge which must always be obedient to Pancasila and obey the laws.In imposing sanctions on members of the Indonesian National Police, in addition to paying attention to written legislation, it should also pay attention to General Principles of Good Governance (AAUPB).Â Keywords: Discipline Enforcement. Code of Ethics, National Police

KEDUDUKAN ANAK TERHADAP HARTA WARISAN DALAM PERKAWINAN DIBAWAH TANGAN DITINJAU BERDASARKAN UNDANG-UNDANG NOMOR 1 TAHUN 1974 TENTANG PERKAWINAN Nadia Farizha
Journal of Law ( Jurnal Ilmu Hukum ) Vol 5, No 2 (2019)
Publisher : Universitas 17 Agustus 1945 Samarinda

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AbstractThe problem in this study is the position of children born from marriage under the hands and how the rights of children to inheritance from marriage under the hands based on Law Number 1 of 1974 concerning Marriage. Underhand marriage is still happening in Indonesian society. Submarine marriage is a marriage that does not register the marriage to the authorized institution, namely the Office of Religious Affairs for Muslims and the Civil Registry for non-Muslims. In Article 2 paragraph (2) of Law Num ber 1 of 1974 it is stated that a new marriage is valid if it is carried out according to the laws of each religion and its beliefs. However, the validity of marriage in the eyes of religion and public trust needs to be ratified by the state in order to have legal force. The consequences of marriage under the hands are very bad for the wife and for children born both legally, socially and psychologically. Other problems that can be caused from marriage under the hands are the rights and obligations of husband and wife who are not guaranteed in full from the State. The provisions in Article 42 paragraph (1) of Law Number 1 Year 1974 concerning Marriage state that a legitimate child is a child born from or as a result of a legal marriage. So it can be concluded that children born from underage marriages are illegitimate children or out of wedlock children. From the results of the research discussion it is known that Based on the Decision of the Constitutional Court Number 46 / PUU-VIII / 2010 Testing of Law Number 1 of 1974 concerning Marriage to the State Constitution of the Republic of Indonesia Year 194. It is said that children born outside marriage have a civil relationship with his mother and his mother's family and with his man as his father that can be proven based on science and technology and / or other evidence so according to the law he has a blood relationship, including a civil relationship with his father's family.

KEABSAHAN TENTANG KONTRAK LUMP SUM DALAM PENGADAAN BARANG DAN JASA PEMERINTAH DITINJAU DARI HUKUM KONTRAK Septiani, Rizka Nur
Journal of Law ( Jurnal Ilmu Hukum ) Vol 1, No 1 (2018)
Publisher : Universitas 17 Agustus 1945 Samarinda

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ABSTRACTThe government is always required to advance public welfare. To develop this obligation the government has an obligation to provide the needs of the people in various forms both in the form of goods and services in carrying out government activities. The government in carrying out its function as a builder of facilities and infrastructure or public infrastructure and as a provider in this case as a provider of needs for the people, requires the private sector as a supplier of goods and services to the government. Related to this matter there is a legal relationship between the government as a user with the private sector as a provider that is arranged in the form of a contract.The writing of this Law aims to find out the validity of the Contract Law the Lump Sum in the procurement of government goods and services is reviewed from Contract Law and to find out the legal status of the implementation of the addendum against the Lump Sum Contract that has been running.This type of research is a normative legal research with the approach of Act and conceptual. Using primary, secondary and non-legal sources of legal material. then the legal material is processed in a deductive way and then draws it into a more specific conclusion and is arranged systematically.The results of the study that the validity of the Lump Sum Contract procurement of government goods and services in terms of Contract Law is an essential (important, core, or principal) requirementÂ in a Contract. Legal status of the implementation of the addendum to the Lump Sum Contract those who have been running in the implementation phase are considered still valid as long as the volume and Contract priceare not change. The volume can only be changed or corrected when the evaluation phase Working Group or Procurement Committee because there is an error without changing the value of the offer.Keywords: Lump Sum Contract, Procurement of goods and services, Government

TINJAUAN YURIDIS PEREMPUAN SEBAGAI KORBAN KEKERASAN DALAM RUMAH TANGGA MENURUT UNDANG-UNDANG NOMOR 23 TAHUN 2004 TENTANG PENGHAPUSAN KEKERASAN DALAM RUMAH TANGGA Muahammad Yusuf
Journal of Law ( Jurnal Ilmu Hukum ) Vol 5, No 2 (2019)
Publisher : Universitas 17 Agustus 1945 Samarinda

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ABSTRACT HAM stands for Human Rights, where each word has meaning. The word "rights" in this case means belonging or power over something, while "Asasi" is something that is primary and fundamental. So, the definition of human rights in a nutshell is a fundamental and basic thing possessed by humans. In practice, there are many human rights violations that occur around us that we usually know in terms of domestic violence (abbreviated as domestic violence). Domestic violence is an act carried out in the household by a husband, wife, and child which has a negative impact on physical, psychological, and harmonious relations in accordance with Article 1 of Law Number 23 of 2004 concerning the Elimination of Domestic Violence (PKDRT Law).The method used in this study is a normative juridical method, data or information obtained through library research. From the results of the literature research, secondary data were obtained which included primary legal materials, secondary legal materials, and tertiary legal materials. The problem that the writer discussed in this thesis is the factors that cause the occurrence of domestic violence and legal efforts that can be done by women as victims of domestic violence according to Law Number 23 of 2004 concerning the Elimination of Domestic Violence.Based on the results of the study it can be concluded that the factors causing domestic violence in the legal area of Samarinda city are poverty / economic factors, unstable psychological conditions of the perpetrators, and public perceptions that are wrong in looking at domestic violence issues. Of the several factors, the main factors that cause domestic violence are poverty / economic crush and women who are married in marriage get domestic violence treatment, husbands can be said to have committed domestic violence and can be threatened with crimes as Article 44 of the PKDRT Law and can say to have committed human rights violations. The wife who was treated violently by her husband complained about the existence of domestic violence to the police to be processed on the basis of having committed abuse or domestic violence. Keywords: domestic violence, crime, human rights

TINDAK PIDANA ATAS PERAMPASAN KENDARAAN BERMOTOR OLEH PERUSAHAAN LEASING TERHADAP NASABAH DI KOTA SAMARINDA Ardiansyah Hamid
Journal of Law ( Jurnal Ilmu Hukum ) Vol 5, No 2 (2019)
Publisher : Universitas 17 Agustus 1945 Samarinda

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AbstractLeasing according to Perpres No. 9 of 2009 concerning financial institutions is a financial institution in the form of capital goods, both for leasing with option rights (finance lease) or leasing without operating rights for tenants to use. for business (lessee). During a certain period during a certain period based on installment financing.Criminal liability for the seizure of motor vehicles by leasing companies to customers in Samarinda City using the services of the Debt Collector both before or after committing criminal acts in the form of threats, and or abuses mentioned above to the debtor is an individual responsibility. Without any connection to companies that use their services in billing. Finance and the consumer in implementing a motor vehicle loan agreement should be based on the principle of good faith

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Kota samarinda,

Kalimantan timur

INDONESIA