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PERLINDUNGAN HUKUM BAGI PEREMPUAN KORBAN KEKERASAN PEREMPUAN AKIBAT PERNIKAHAN DINI BERDASARKAN UNDANG-UNDANG NOMOR 23 TAHUN 2004 TENTANG PENGHAPUSAN KEKERASAN DALAM RUMAH TANGGA Fathul Jannah Fachrudin
Journal of Law ( Jurnal Ilmu Hukum ) Vol 5, No 2 (2019)
Publisher : Universitas 17 Agustus 1945 Samarinda

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ABSTRACTDomestic violence is every act against someone especially women which caused misery or physical, sexual, psychological suffering, or neglect of the household including threats to commit act, coercion, or deprivation of independence against the law within the household that often befall women (a wife). As for the factors that influence the occurrence of domestic violence are early-age marriage, economic, competition in the household, and gender inequality that is tend to place women in a lower position and less valuable. Legal protection for victims of violence has been regulated in Law No. 23 of 2004 concerning the Elimination of Domestic Violence involving a related role, namely the role of the Government, Courts, Police, and Society so that the victims can feel a sense of security both mindfully and physically, and from various threats from any party.Perpetrators of domestic violence can be sentenced under Law No. 23 of 2004 concerning the Elimination of Domestic Violence, if the evidence presented by the Public Prosecutor has been proven legitimate and convincing, and the Judge believes that the perpetrator was found guilty, it can be sentenced in the form of criminal sanctions in accordance with the forms of violence that have been committed.

TINDAKAN KEPOLISIAN DALAM MENYELESAIKAN MASALAH PENJARAHAN/PENCURIAN DISAAT TERJADI SUATU BENCANA ALAM Haerullah Nur Sidiq
Journal of Law ( Jurnal Ilmu Hukum ) Vol 5, No 2 (2019)
Publisher : Universitas 17 Agustus 1945 Samarinda

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ABSTRACT The theft by weight ever happened in Gulon Village. As explained above, theft during a natural disaster is classified as a criminal charge. This has been experienced by residents of Gulon Village. In 2010, an eruption of Mount Merapi occurred in Gulon Village, Salam District, Magelang District. This theft occurred for relief items intended for refugees. The relief items were taken at the refugee barracks located in Gulon Village Hall, Salam District, Magelang Regency. The theft occurred at night, 23.30 in 2010. The suspect entered the storage area of the goods, then the suspect took the relief items from the storage area without the knowledge of the goods manager. Every item that is issued must be in the knowledge of the goods registrar. Stolen relief items are a necessity for refugees, such as bed covers, rice plastic bags, milk the dancow, milk frisian, toothbrushes, flag tea, biscuits, indomie, chocolate milk, and others. Then put in a car to be taken to his house. Theft is the act of taking or stealing someone's property secretly with deception. Theft can also mean to take the property of others from the storage used. The goods are taken secretly and without the owner knowing.It can be concluded as follows: (1). For the police to provide security for the community is the responsibility of the profession. One of the main tasks of the police in the event of a crime is to conduct an investigation. The Investigation is a series of actions / forced efforts, examination, settlement, and submission of case files. In this case starting from the process of making police reports, investigations, summons, arrest, detention, search, confiscation, examination, filing, to the submission of case files and suspects and evidence (P-21), so that the actions Were taken by investigators / auxiliary investigators in every effort or step its actions can run effectively and efficiently in the context of law enforcement. (2). Efforts were taken by the police in overcoming theft committed during natural disasters in the Tassel Sector Police, First, preventive efforts in the form of all affairs or policies have taken long before the occurrence of an event in order to prevent the occurrence of theft crimes. Second, efforts curative is an action taken after the onset of a crime committed by someone with the aim that the crime or act of theft does not happen again. Third, Conduct coaching for the community. Keywords: theft by weight, natural disasters

KEDUDUKAN BARANG BUKTI DALAM PERKARA PIDANA DITINJAU BERDASARKAN KITAB UNDANG-UNDANG HUKUM ACARA PIDANA Julius Bernat Hasibuan
Journal of Law ( Jurnal Ilmu Hukum ) Vol 5, No 2 (2019)
Publisher : Universitas 17 Agustus 1945 Samarinda

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ABSTRACTIn the Criminal Procedure Code, the evidence is not regulated in it but in the Criminal Procedure Code, the term evidence, also known as the term evidence, it appears that the evidence is not mentioned as included in one of the valid evidences. In other words, evidence is not a proof, questions can arise from here regarding the position of "evidence". Based on this description, the main problems in this paper are: (1) How the position of the evidence in the process of proving criminal cases according to the Criminal Procedure Code and (2) Is the Evidence a basis for proving a crime according to the Criminal Procedure Code. The approach to the problem used is normative juridical, legislative approach and co-conceptual approach. Collection of materials used are primary, secondary and tertiary data, collection of materials and processing of materials with literature. In this study, it will be analyzed using qualitative normative methods with deductive logic, namely thinking with general things that lead to specific things. The evidence basically can be used to declare an error in a criminal act, with a note that the evidence used as supporting evidence is valid as stipulated in the Criminal Procedure Code, because basically as long as the evidence is an item used to commit a criminal act , or an item is a result of a criminal act, the evidence is also supported by evidence. As for the author's suggestion in the changes to the KUHAP in the future, it should be one of the things that deserves to be implemented in its change is a clearer arrangement related to the position of evidence, as part of the evidentiary instrument in a criminal case. .Keywords: Evidence Item, Evidence Tool, Evidence and KUHAP.

PERANAN SAKSI KORBAN TINDAK PIDANA PERKOSAAN PADA TINGKAT PENYIDIKAN Ahmad Deda Darwis
Journal of Law ( Jurnal Ilmu Hukum ) Vol 5, No 2 (2019)
Publisher : Universitas 17 Agustus 1945 Samarinda

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ABSTRACTModernization of information technology turned out to have a positive and negative impact on society. The positive impact of course is that we will easily get information so that we can always follow the changes, both of which occur from all corners of the country to all corners of the world. Rape can occur due to various reasons, such as the vengefulness of the perpetrator of the victim, because the offender's revenge on a woman so that another woman becomes the target of his anger, the victim compensates for feeling depressed or stressed over the various problems he faces due to environmental stimuli or pornographic images and because the perpetrators desire to channel their sexual urges that they cannot hold, also because they are supported by environmental conditions and conditions as well as perpetrators and victims that allow rape. In the process of investigating criminal acts of rape, victim witnesses have a very important role. This can be seen by reports from victim witnesses to the police about the rape crimes they experienced. Legal protection against witnesses of victims of rape at the investigation level is to provide a special room at the police station when giving testimony and their identity must be kept secret. Modernization of information technology has had a positive and negative impact on the community. The positive impact of course is that we will easily get information so that we can always follow the changes, both of which occur from all corners of the country to all corners of the world. Rape can occur due to various reasons, such as the vengefulness of the perpetrator of the victim, because the offender's revenge on a woman so that another woman becomes the target of his anger, the victim compensates for feeling depressed or stressed over the various problems he faces due to environmental stimuli or pornographic images and because the perpetrators desire to channel their sexual urges that they cannot hold, also because they are supported by environmental conditions and conditions as well as perpetrators and victims that allow rape. In the process of investigating criminal acts of rape, victim witnesses have a very important role. This can be seen by reports from victim witnesses to the police about the rape crimes they experienced. Legal protection for witnesses of victims of rape at the investigation level is to provide a special room at the police station when giving a testimony and their identity must be kept confidential Keywords: Role of Victim Witnesses, Rape, Samarinda Police, Investigation

PROFESIONALITAS APOTEKER SEBAGAI PELAKU USAHA DI TINJAU DARI HUKUM PERLINDUNGAN KONSUMEN DI SAMARINDA Irfan Jaya Kangsaputra
Journal of Law ( Jurnal Ilmu Hukum ) Vol 5, No 2 (2019)
Publisher : Universitas 17 Agustus 1945 Samarinda

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ABSTRACTIrfan jaya kangsaputra, NPM: 13.11.1001.1011.026, "Professional Pharmacists as Business Actors Reviewed From Consumer Protection Law in Samarinda". (Supervised by Dr.H.Abdul Rokhim, S.H, M.Hum and Drawan Hasyim, S.H, M.Sc).This research was made with the aim to determine the role of pharmacists as health workers does not conflict with pharmacists as entrepreneurs, but this role can lead to conflicts of interest. One effort that can be applied to prevent conflicts of interest is the pharmacist as a professional who works according to his professional code of ethics and has clear and strict provisions as a limitation of duties and functions in owning and / or managing a pharmacy. Thus the government regulations governing the separation of pharmacists in carrying out the duties and functions of managing and / or owning a pharmacy need to be firmly rearranged.The results showed that the profession is an important factor in improving the quality and quantity of work. With the knowledge possessed through education, a person will be able to allocate his thoughts well and tend not to be excessive so that they can work well. Pharmacists as business operators are regulated in Government Regulation No. 25 of 1980 concerning Pharmacy, the government considered that as pharmacists professional pharmacists considered feasible and able to conduct a pharmacy business. Keywords : Pharmacist, Consumer

IMPLEMENTASI PRINSIP PERADILAN CEPAT, SEDERHANA DAN BIAYA RINGAN DALAM PERKARA PERDATA DI PENGADILAN NEGERI SAMARINDA Marudut Hasiholan Pasaribu
Journal of Law ( Jurnal Ilmu Hukum ) Vol 5, No 2 (2019)
Publisher : Universitas 17 Agustus 1945 Samarinda

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ABSTRACTDistrict Court in carrying out its duties to enforcing the law and justice must meet the expectations of the seekers of Justice always requires the judiciary are simple, quick and light costs. Article 2 paragraph (4) Act No. 48 of the year 2009 about the fine points of power of Justice formulates that the judiciary is done with a simple, fast and light costs. The writing is aimed at knowing the District Court Samarinda are already running in accordance with the principle of Justice is fast, simple and light-weight and cost to find out what the constraints faced by the District Court of Samarinda in the exercise of civil litigation matters in accordance with the principle of Justice is fast, simple and light costs. Research results are obtained, the implementation of the principle of Justiceis fast, simple and light costs in civil litigation in the courts of the country already well done Samarinda, based on the results of the research the author of finalization of the average lawsuit civil litigation in the District Court of Samarinda does not exceed the time limit set by the SEMA number 2 Year 2014. Constraints are faced with State Court judicial principles to realize Samarinda fast, simple and light is the factor of absence of the parties on the day of the trial, witness the large number of factors that must be presented by the parties and the presence of a witness or of proof that is often delayed.Keywords: Implementation of the principle of Perdilan is fast, simple and Light Costs

SYARAT YANG HARUS DIPENUHI DALAM PERMOHONAN IZIN POLIGAMI DI PENGADILAN AGAMA SAMARINDA DITINJAU DARI UNDANG-UNDANG NOMOR 1 TAHUN 1974 TENTANG PERKAWINAN Irvan Nirwana
Journal of Law ( Jurnal Ilmu Hukum ) Vol 5, No 2 (2019)
Publisher : Universitas 17 Agustus 1945 Samarinda

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ABSTRAKPoligami merupakan salah satu bentuk perkawinan yang dikenal oleh masyarakat dunia, selain monogami, poliandri, dan lain-lain. Dalam prakteknya melakukan poligami tidaklah semudah membalikkan telapak tangan, karena harus memenuhi syarat-syarat yang telah di atur baik itu dari agama maupun negara. Dasar hukum agama yang mengatur masalah poligami adalah Al-Qur’an surat An-Nisaa’ (4):3 dan Negara mengatu rmasalah ini dalam Undang-Undang Perkawinan dan Kompilasi Hukum Islam (KHI).Dari kedua peraturan di atas terdapat persamaan dan perbedaaan, yaitu dalam hal sebab dan syarat yang mengatur masalah poligami. Pada peraturan agama tidak dijelaskan secara pasti dan jelas mengenai sebab dan syarat untuk berpoligami. BerbedadenganUndang-Undang atau peraturan Negara, peraturan Negara mengatur permasalah ini dengan pasti dan jelas. Dikarenakan perbedaan dari kedua peraturan tersebut timbul masalah yaitu terjadi dualiesme pemahaman hukum yang menyebabkan salah satu dari dua peraturan tersebut ada yang tidak diikuti, terutama Undang-Undang yang dibuat oleh pemerintah, hal ini dibuktikan dengan beberapa penelitian yang dilakukan akademisi maupun penelitian yang menyatakan bahwa Pernikahan Poligami banyak dilakukan secara sirrih. Melihat fenomena ini timbul masalah yaitu bagaimanakah pandangan para ulama tentang Syarat Poligami dalam Undang-Undang Perkawinan dan Kompilasi Hukum Islam (KHI).Menjawab permasalahan di atas penyusun melakukan penelitian wawancara di Pengadilan Agama Kota Samarinda. Metode Penelitian ini bersifat Yuridis Normatif dengan Sumber data yang digunakan oleh penulisan adalah sumber data sekunder yaitu berupa data yang diperoleh dari penelitian kepustakaan yang terdiri dari bahanhukum primer, bahan hukum sekunder, dengan pendekatan terhadap suatu masalah berdasarkanUndang-Undang Perkawinan yang berlaku.Dari hasil penelitian yang dilakukan diperoleh kesimpulan bahwa, mengenai syarat-syarat izin yang ada di dalamUndang–Undang Perkawinan dan Kompilasi Hukum Islam (KHI). Perbedaan tersebut terbagi dalam tiga kelompok, yaitu: Pertama, setuju sepenuhnya dengan syarat yang ada di dalam undang-undang, kedua, tidak setuju akan adanya izin istri dan ketiga, izin istri harus diutamakan daripada izin yang diberikan hakim.Kata Kunci:- Undang-Undang No.1 Tahun 1974 Tentang Perkawinandan Kompilasi Hukum Islam (KHI)

PERAN SERTA MASYARAKAT DALAM PERKARA TINDAK PIDANA NARKOTIKA Adista Dwi Lestari
Journal of Law ( Jurnal Ilmu Hukum ) Vol 5, No 2 (2019)
Publisher : Universitas 17 Agustus 1945 Samarinda

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ABSTRACT Indonesia is a developing country where increasing welfare starting from Natural Resources (SDA), Human Resources to the field of medicine and health services must be improved. Narcotics are also used for experiments and research organized by the government in the interests of science and obtain permission from the Minister of Health. However, the increasingly widespread abuse and illicit trafficking of narcotics can not be separated from one of the characteristics of the item which is causing destructive addiction in terms of use not for treatment and illegally. In this writing the role of witnesses is very important as the initial information of law enforcement parties as witnesses listed in Article 1 point 26 of the Criminal Procedure Code in giving information before the court must be given witness protection. The need for witnesses and victims to get protection from the security, medical, social, psychological, and financial aspects seems to have been indisputable. The Role of Society in Preventing Narcotics Crimes in Samarinda. Related to the prevention of narcotics in Samarinda, there are a number of steps that must be taken so that prevention will be carried out effectively. Related to the prevention of narcotics in the city of Samarinda, researchers see so far going very well, but apart from that so that the law governing community participation is further strengthened and applied properly. Because legal awareness and adherence to the rights and obligations in preventing narcotics, affect the effectiveness of prevention itself. Keywords: The role of the community in uncovering Narcotics

UPAYA KEPOLISIAN KHUSUSNYA DI POLSEK KONGBENG UNTUK MENANGGULANGI KASUS PERJUDIAN YANG MARAK TERJADI Febrianto Lembang
Journal of Law ( Jurnal Ilmu Hukum ) Vol 5, No 2 (2019)
Publisher : Universitas 17 Agustus 1945 Samarinda

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ABSTRACT Gambling has existed since ancient times as the development of human civilization. The Encyclopedia of Britanica notes that gambling has been discovered since primitive times, for example the Bushmen in South Africa, Aboriginal tribes in Australia and Indian tribes in America, where they have known the dice game. Then gambling developed since the days of Ancient Greece. A variety of gambling games and techniques that are very easy to make gambling quickly develops throughout the world including Indonesia. The success of the police in overcoming crime must be required by the integrity of various approaches, which can be broadly divided into a penal approach, through the application of criminal law and non-penal measures, namely prevention policies without the application of criminal law, but rather emphasized on various social policies. This is motivated by the fact that crime is a social problem and a human problem. The background of the problem described by the author is as follows: (1) How is the Efforts Made in Countering Gambling Crimes in the Kongbeng District Police Station? (2) Obstacles Faced in Overcoming Gambling in the Kongbeng District Police Station? Based on the results of the previous discussion above, conclusions can be drawn according to the main issues as follows: (1) The role of the Police in tackling gambling crimes in the area of Kongbeng District can be seen from the efforts made by the police, both pre-emptive, preventive, and repressive. In pre-emptive efforts the police do so by instilling good values / norms to the public through the delivery of messages of security and public order (kamtibmas) in mosques, Bhayangkara coaches, security and public order (Bhabinkamtibmas) Door to Door, and legal counseling at village offices / houses of community leaders. In a preventive effort the police conduct patrols and supervision regularly and continuously. Whereas in repressive efforts the police together with the prosecutors and the court conducted an investigation, investigation, prosecution, and the imposition of criminal sanctions; (2) The obstacles experienced by Boyolali Police in uncovering the modus operandi of gambling crime, among others: there are still many people who like gambling, lack of awareness and community participation in providing information about gambling, the more organized the modus operandi that is carried out by the perpetrators gambling crime, limited or lack of personnel to carry out operations or raids and coupled with a lack of support facilities owned by the police. Keywords: Gambling, Countermeasures, Police Efforts

UPAYA PERAN PENYIDIK SAT NARKOBA DALAM PENANGANAN PENYALAHGUNAAN NARKOBA DI WILAYAH HUKUM POLRES KUTAI TIMUR Chresna Rivan
Journal of Law ( Jurnal Ilmu Hukum ) Vol 5, No 2 (2019)
Publisher : Universitas 17 Agustus 1945 Samarinda

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ABSTRACT The drug problem is a national and international problem, because its abuse will negatively impact the lives of the people, nation and state. The development trend of drug crimes in Indonesia recently showed a very sharp increase. One of the results of the National Police's analysis of the high crime rate is one of which is caused by the economic crisis that has hit almost all regions in the republic. With this incident, producers, distributors and consumers take advantage of this situation to enlarge and seek profits in the distribution and abuse of drugs. In its implementation, the police itself has placed drugs as a case of serious attention and priority, but the tough task certainly will not succeed without the support of all elements of society. The role of the police in tackling drug crime is not only focused on law enforcement alone but also on all efforts shown to reduce the demand and illicit drug needs. In the area of East Kutai itself, especially the Narcotics case up to July 2018, it has surpassed the Narcotics case in 2017. "Until July, currently the Narcotics Police case handling has reached 63 cases with 71 suspects, even in the last two months of the four suspects secured methamphetamine. weighing more than 130 grams, "Polres and related parties continue to make various efforts to prevent drug abuse in East Kutai, especially Kutim is in the trans Kalimantan route that is open either by land or sea. Based on this background, the issues in this paper are as follows: (1) What is the Efforts of the Drug Investigation Unit in Dealing with Drug Abuse Cases in the Legal Area of the East Kutai District Police? (2) What are the obstacles faced by Sat Narcotics Investigators in overcoming and misusing Narcotics? So from the above problems it can be concluded how the efforts of investigators in handling narcotics criminal cases by the Narcotics Police Narcotics Ditserse concluded as follows: (1). Through prevention efforts (preventive efforts) through activities such as by conducting counseling and coaching conducted by the Narcotics Unit cooperating with agencies, giving brochures at the time of counseling and developing Narcotics activities, conducting surveillance in places deemed prone to narcotics abuse, and conducting police operations by patrolling, raiding in places considered vulnerable to narcotics abuse, The Directorate of Drugs conducts both routine and sudden operations. Routine operations are carried out every day through supervision or observation in places that are prone to narcotics abuse. (2) Obstacles faced by drug detective units in the East Kutai Regional Police in overcoming drug abuse, namely: 1. lack of informants in the field, 2. lack of facilities and infrastructure, and 3. limited budget. Keywords: Role of Investigators, Drug Management, Drug Unit

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Contact Name
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Journal Mail Official
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Location
Kota samarinda,

Kalimantan timur

INDONESIA