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PERLINDUNGAN HUKUM TERHADAP WARTAWAN DALAM MELIPUT AKSI DEMONSTRASI DI KOTA SAMARINDA MENURUT UNDANG-UNDANG NOMOR 40 TAHUN 1999 TENTANG PERS Aris Tianlee
Journal of Law ( Jurnal Ilmu Hukum ) Vol 5, No 2 (2019)
Publisher : Universitas 17 Agustus 1945 Samarinda

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ABSRACT Press both print and electronic instrument in order to live a very vital community for improving the quality of life of its citizens. in addition to its function as a medium of information and communication, the press is also a reflection of identity the community because what is in the press reminds us of the presence in the pour is the pulse of public life where the press are. Legally formal indeed journalists obtain a guarantee of legal protection in the exercise of his duties, but in practice in the field of violence against journalists and other media crew either in the form of threats/intimidation and pressure from the parties become the object of news as well as acts of beating, seizure or destruction of journalistic duty gear until the killing of people press. Goals and purpose of writing To know us form of legal protection of journalists in covering the action demonstration in the town of Samarinda. To know the efforts of antisemitic laws against journalists who are experiencing violence in covering the action demonstration in the town of samarinda. The author uses the method of empirical juridical approach. Background the occurrence of acts of violence on journalists while covering a demonstration of action is due to the (2) two factors, namely the internal factors and external factors. The internal factor is the occurrence of acts of violence on the reporter's own negligence or fault of the less heart a heart or less meticulous when covering the demonstration, while action eksternalnya factor is the occurrence of acts of violence on the journalist because of the element of deliberate action of a Party feel aggrieved or feel dissatisfied will fill made news as well as other forms of violence experienced by reporters covering the action demonstration in the city of Samarinda is very diverse, ranging from the form stoning, persecution, deprivation of the tool, then, intimidation, threats to murder. Keywords: Legal Protection Of Journalists

PELAKSANAAN KEPUTUSAN MENTERI PERHUBUNGAN NOMOR 35 TAHUN 2007 TENTANG PEDOMAN DASAR PERHITUNGAN TARIF PELAYANAN JASA BONGKAR MUAT KAPAL DI PELABUHAN SAMARINDA Syahrina, Syahrina
Journal of Law ( Jurnal Ilmu Hukum ) Vol 1, No 1 (2018)
Publisher : Universitas 17 Agustus 1945 Samarinda

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ABSTRACTThe implementation of development in Indonesia which aims at the field of economic development, so that trade activities become one of the economic development sectors, its role is always developed. To facilitate the flow of goods and services to support these trading activities, there is a need for adequate transportation facilities, one of which is by sea. The purpose of this process is to find out the Tariff Delivery System for Manpower Services in Loading and Unloading (TKBM) in the Port of Samarinda and to find out the system of loading and unloading personnel in the Port of SamarindaThis type of research is normative legal research by looking at the law and conceptual. By using basic, secondary and non-legal materials. Then legal materials are processed in a deductive and attractive way to be more specific and systematically arranged.The results of this report are the loading and unloading fare system at the port which is regulated by the Minister of Transportation Decree No. 35 of 2007, namely the amount of loading and unloading services from and to ship. Basic services that are used together to provide services speed, speed, cost, speed, cost, speed, cost, speed, cost. The wage system for loading and unloading workloads in Samarinda must be adjusted to the appropriate needs of the components and stages determined by the Minister, can be realized from Law No. 13 of 2003 concerning Manpower Article 88 paragraph (1) that: "every worker / laborer has the right to increase which meets the proper needs of humans. "Keywords: Labor, Unloading, Tariffs, Service Services

ASPEK HUKUM TERHADAP TRANSAKSI PERDAGANGAN NARKOTIKA DI DAERAH PERBATASAN ANTARA REPUBLIK INDONESIA-MALAYSIA Wanda Masfi Yolandi
Journal of Law ( Jurnal Ilmu Hukum ) Vol 5, No 2 (2019)
Publisher : Universitas 17 Agustus 1945 Samarinda

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ABSTRACT This study is entitled "LEGAL ASPECTS ON THE TRANSACTION OF NARCOTIC TRADING IN THE BORDER REGION BETWEEN THE REPUBLIC OF INDONESIA - MALAYSIA", under the guidance that I respect Mrs. Kunti Widayati, S.H., M.Hum as a Supervisor 1 and Mr. Sukindar, S.H., M.H as the Supervisor II.The purpose of this study is to find out clearly the legal aspects of Narcotics trade transactions in the border area between the Republic of Indonesia and Malaysia and aims to find out how the roles and responsibilities of Indonesia through BNN in handling and overcoming the circulation of Narcotics in the border area and legal actions for Narcotics dealers in the Indonesia - Malaysia border area.This research is a type of empirical normative research. Research location in Samarinda National Narcotics Agency. The type of data used is primary data sourced from BNN staff who directly handle Narcotics issues and secondary data obtained from library materials and regulations relating to the thesis title. Data collection techniques used are carried out with literature, study. Analysis of the data used is qualitative analysis, where the data collected will be analyzed through three stages, namely reducing data, presenting data and, concul.From the results of the study, it can be concluded that the efforts of the Government of Indonesia in combating drug trafficking from Malaysia are more focused on law enforcement efforts. This is done to cut off and eradicate cross-border drug networks. Of course, based on the origin of drugs come the majority from Malaysia who has direct borders on land and sea. However, the two countries still find difficulties in conducting a complete eradication. This is because there is still no ideal form of agreement between the two countries in terms of drug trafficking routes, as indicated by the lack of joint patrols by the two countries over land and sea routes in border areas and also to find out the Role of the National Narcotics Agency in Combating Abuse Drugs in the Indonesian-Malaysian Border. Keywords: The Role of DPRD of Samarinda City, Mechanism of Implementation and Supervision on Local Budget of Samarinda City Revenue

KEABSAHAN KONTRAK ELEKTRONIK DALAM TRANSAKSI BISNIS DI TINJAU MENURUT UNDANG-UNDANG NOMOR 11 TAHUN 2008 TENTANG INFORMASI DAN TRANSAKSI ELEKTRONIK Herluin Eka Dharmawan Soesilo
Journal of Law ( Jurnal Ilmu Hukum ) Vol 5, No 2 (2019)
Publisher : Universitas 17 Agustus 1945 Samarinda

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ABSTRACT The development of technology, especially the internet, provides many conveniences for human life, one of which is in the field of electronic contracts. However, on the other hand, this progress also brought new problems. Electronic contracts as a form of trade that is currently experiencing rapid development are also inseparable from problems in its implementation. With this type of contract, the need for face-to-face meetings between the parties can be reduced or even eliminated altogether. The absence of physical presence from the parties is very possible to bring problems to the validity of the electronic contract itself in relation to the ability to do legal actions by the parties. This study aims to see whether an electronic contract can be said to be valid and how the power of electronic contracts if a dispute occurs, especially in Indonesia.This study uses an empirical method, to analyze the validity of electronic contracts in the conduct of buying and selling transactions through an electronic system carried out by parties who are not yet old enough. The electronic contract referred to above is theoretically considered invalid, but as long as it does not bring adverse consequences to the opposing party and there is no cancellation, the contract is considered binding for the parties.From the results of the study it was found that there are differences of opinion in terms of the validity of electronic contracts and the strength of proof of electronic contracts as evidence (invalid and cannot be used as evidence), notary public (one notary believes that electronic contracts are invalid and cannot be used as evidence: one notary is of the opinion that an electronic contract can be said to be acceptable as evidence).From this research it can be concluded that there is still uncertainty regarding the validity and strength of contracts conducted electronically as business transactions Keywords: Transactions, Contracts, Electronic Agreements

KUALIFIKASI OOGMERK PADA PENERAPAN PASAL 362 KUHP Sandi Rakhmat Wicaksono
Journal of Law ( Jurnal Ilmu Hukum ) Vol 5, No 2 (2019)
Publisher : Universitas 17 Agustus 1945 Samarinda

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ABSTRACT A fact of life in the development of human history no one is able to live alone apart from other groups of humans, except in forced circumstances and even then its nature is only for a while. It is natural for humans to be social beings who cannot live independently. It means that in human life, they are very dependent on other human beings, namely the desire to live in groups, gather, and be side-by-side and hold relations between each other in society.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 author discussed in this thesis is the Oogmerk qualification on the application of Article 362 of the Criminal Code and criminal sanctions for applying Article 362 of the Criminal Code.Based on the results of the study it can be concluded It is stated in Article 362 of the Criminal Code that theft has several elements, namely Objective elements and subjective elements, and Law enforcement (criminal) when viewed from a policy process. formulation, application stage, execution phase. Keywords: Oogmerk, criminal sanctions, theft

TANGGUNGJAWAB YURIDIS BAGI PELAKU PEMBUNUHAN DIBAWAH PENGARUH MINUMAN ALKOHOL Budi Arifin
Journal of Law ( Jurnal Ilmu Hukum ) Vol 5, No 2 (2019)
Publisher : Universitas 17 Agustus 1945 Samarinda

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ABSTRACTOne of the crimes committed by the community is a crime of murder. Crime The murder is one of deviant behavior which is in essence contrary to legal norms and religious norms and is harmful to people's livelihoods and lives. In the crime of murder, the target of the offender is the life of someone who cannot be replaced with anything. In this case, someone's unconsciousness due to drunkenness due to alcoholism (alcohol) must be more closely watched to how severe the level of unconsciousness of the person. Because lately there have been a lot of reports in the mass media of criminal acts of murder and other criminal acts caused by drunkenness. It becomes a problem of how to judge a person's actions carried out in a drunken state. Regarding some examples of criminal cases of murder committed by drunk people, it is very difficult to determine exactly the criminal liability.Based on the results of the study it can be concluded that the state of drunkenness is not formulated in the imposition of criminal charges because in consideration of the drunken state judge is only used as an element of information, criminal convictions decided by the judge only focus on the articles stipulated in the Criminal Code so that drunkenness here is not considered reason for being unable to be responsible / reason for the inability to be responsible which can be sentenced separately, mentioned in article 40 of the KUHP concept regarding "people suffering from mental disorders". In this case, the state of drunkenness can be classified into the article. Medically drunk people can be categorized as psychologically disturbed even though this does not happen permanently, in other words, mental disorders that occur are temporary. Because when the effects of alcohol are gone, they are always sane and legal sanctions against the perpetrators of murder under the influence of alcoholic beverages can be snared with article 338 of the Criminal Code: "whoever deliberately seizes the lives of others, is threatened with murder with fifteen prison sentences year". The article can be applied because the drunken state is only used as an element of information. Keywords: murder, alcoholic drinks

TINJAUAN YURIDIS BAGI RUMAH SAKIT YANG MENOLAK PASIEN YANG TIDAK MAMPU Agustina Anggraeni
Journal of Law ( Jurnal Ilmu Hukum ) Vol 5, No 2 (2019)
Publisher : Universitas 17 Agustus 1945 Samarinda

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ABSTRACT The state is an organization that has a purpose. In the context of the State of Indonesia, the purpose of the State is set out in the fourth paragraph of the Opening of the 1945 Constitution of the Republic of Indonesia which identifies the State of Indonesia as a State of law aimed at realizing public welfare. Every activity also must be oriented to the objectives to be achieved must also be based on the applicable law as a rule of state activities, government, and society. To achieve these national goals, a sustainable development effort is undertaken which is a series of comprehensive, directed, and integrated development, including health development. In matters of public health, the government is obliged to ensure that its citizens are not sick and also obliged to fulfill the rights of their people to a healthy life and the implementation of conditions that determine people's health because health has become part of the lives of citizens, and to carry out the mandate the State must fulfill the health development principle as written in Article 2 of Law Number 36 the year 2009 concerning Health. Poor health services will adversely affect the interests of the people who need medical services. Especially if the hospital does not provide proper services according to the procedures set out in the Criminal Code, which can cause patients to suffer losses that result in disability or death, then it is a criminal offense and can be criminalized according to Indonesian law. Based on the background description of the problem above, the problems in this paper are: (1) How is the legal protection of poor patients as consumers of services in health services in hospitals? (2) What legal actions can be taken by incapacitated patients for the patient's rejection actions carried out by the hospital? Based on the results of the study as stated above, the following conclusions can be drawn: (1) In an emergency, health care facilities, both government and private, are prohibited from rejecting patients and / or asking for advances. " besides, the act of refusing medical treatment is also a criminal act, so that it can be prosecuted criminally by following under Articles 304 and 531 of the Criminal Code. In the case of refusing hospital medical treatment, the hospital management responsible for violating the law, according to Article 190 paragraph (1) of Law Number 36 the Year 2009 concerning Health. (2) Civil legal action that can be taken by poor patients who are refused by the hospital in an emergency is by filing a breach of tort and unlawful actions. By rejecting poor patients in an emergency, the hospital has defaulted because it did not do what was agreed to do. In this case, the hospital does not do anything in the form of providing medical treatment to poor patients who are in an emergency of course require medical treatment as soon as possible. Provisions in Article 58 Paragraph (1) of the Health Law says that poor patients who are refused a hospital in an emergency can take legal action in the form of a civil claim by demanding compensation to the hospital that committed the refusal. Keywords: Patients, Services, Hospitals

TINJAUAN YURIDIS TERHADAP KLAIM ASURANSI KAPAL DI PT. ASURANSI ADIRA DINAMIKA Fitriah, Ema
Journal of Law ( Jurnal Ilmu Hukum ) Vol 1, No 1 (2018)
Publisher : Universitas 17 Agustus 1945 Samarinda

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ABSTRACTÂ Emanation absence separation Ema Fitriah research titledÂ juridical review of insurance claims vessel in Pt .Insurance Adira Dinamika. Under the guidance of Dr.Abdul Munif,Sh.,M.Hum as one and Hj.Fatima Asyari,S.H., M.Hum as Tutors twoÂ research aims to understand and analyze rights and obligations holder insurance policy in accordance with the provisions of legislative to know and analyze implementation and obstacles filing a claim insurance on a vessel Pt .Adira DinamikaÂ Â Â Â Â Â .The method used in this research was uses the method juridical empirical necessary to discuss the problems raised the review juridical against the claim of insurance on a vessel in Pt . Adira Dinamika of. In this research adopting nonjudicial case study, namely approach case study law without conflict. If conflict, settled by parties itself is peace, without the intervention of court. Of type this approach researchers conducted observation (observation directly on the process legal enactment on this particular occasion.Â Rights and obligations of the holder of the insurance policy is set in Kuhperdata, and then more specifically KUHD arranged at the consumer protection legislation. but the case in accordance with the results of empirical research that the compensation given to the insured has not been in accordance with the legislation. implementation of process claims the ship at Pt.Asuransi Adira Dinamika shall be in accordance with the provisions of the procedure that has been created in the treaty.External obstacles is obstacles which come from outside the power company, as inflicted by the community or to the insured own and others, internal obstacles was defined as obstacles which originates or also caused by companies are in the institution in itselfÂ Keywords: The institution The insured

PERLINDUNGAN HUKUM TERHADAP PEREMPUAN SEBAGAI PELAKU KEJAHATAN DALAM PROSES PENYIDIKAN DI POLRESTA DI SAMARINDA Ika Annisa Yasmine
Journal of Law ( Jurnal Ilmu Hukum ) Vol 5, No 2 (2019)
Publisher : Universitas 17 Agustus 1945 Samarinda

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ABSTRACTION In the case of criminal acts committed by women, they have legal protection at the investigation level regarding the rights of suspects based on the provisions contained in the Criminal Procedure Code (Criminal Procedure Code) which is made as a form of human rights protection for women perpetrators of crime. For female crime investigation there are special treatment regarding reproduction function such as breastfeeding rights, checking of pregnancy, separated from male detainee and woman suspect handled by Women and Child Protection Unit (PPA) having special officer handling case of woman and child. Based on the research results of the writer at the Resort Police Station of Samarinda City in accordance with the explanation of Bripda Bunga Tri Yulitasari as the Head of PPA Unit (Protection of Women and Children) obtained information that the factors that cause women to commit crime are Factors Fulfilling the Need, Environmental Factors, Lack of Jobs, Poverty Factors and Lack of Education Factors.Samarinda City Police Station (Polresta) to provide legal protection against women as perpetrators of criminal acts by giving rights such as Right of Completion of the Case immediately, Right to Prepare Defense, Right of Information with Free, Right to Obtain Interpreter, Right for Legal Assistance, the Right to Self-Defense of Legal Counsel, Right to Free Legal Aid, Right to Contact the Legal Counsel, Visit Rights by Personal Doctor, Right to Contact and Visit, Right to Sending Letters, Right to Receive Spiritual Visits, Right to Be Trial at Open Session to the General, the right to file a de charge a witness and an expert witness, the right to be burdened with the provision of evidentiary, the right to compensation and rehabilitation, the right of appeal and appeal, the right of judgment which has permanent strength. Given the shortcomings provided by the Resort Police of Samarinda City against the legal protection of criminal offenses, the authors conclude that based on interviews with the Head of Unit PPA is the need for socialization, psychological enlightenment, recitations, lectures, spirituality in order not to commit crimes and the need for police to reform the process of investigation by improving the professionalism of the investigation and the need for positive cooperation between the public, the government and the police in enhancing knowledge in the field of law concerning protection of women. Keywords: Protection Officers, Women, Crime

AKIBAT HUKUM TERHADAP PEMBATALAN PERKAWINAN YANG DILAKUKAN ISTRI PERTAMA BERDASARKAN UNDANG-UNDANG NOMOR 1 TAHUN 1974 TENTANG PERKAWINAN Febby Olivia
Journal of Law ( Jurnal Ilmu Hukum ) Vol 5, No 2 (2019)
Publisher : Universitas 17 Agustus 1945 Samarinda

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ABSTRACT This research is entitled as a result of the law on the cancellation of marriage which was carried out by the first wife based on Law No. 1 of 1974 concerning Marriage. The purpose of this study is to find out how the impact of marital status in the cancellation of marriage and the legal consequences caused to children and property.The impact of the status of the marital cancellation was calculated from the date the decision of the Religious Court was dropped and the decision had a permanent legal force and was valid from the time the marriage took place.The marriage that was deemed to have been broken or never existed and the parties who canceled the marriage returned to their original status because the marriage was deemed to have never existed and the parties had no legal relationship.In the event of a marriage cancellation, the child born of the marriage requested for cancellation remains the responsibility of both parents as before the marriage is canceled. This responsibility will last until the child is mature. Responsibilities include the cost of daily living and education Keywords: cancellation of marriage by first wife, Marriage Act

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Kota samarinda,

Kalimantan timur

INDONESIA