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INDONESIA
DEDIKASI JURNAL MAHASISWA
Published by Universitas 17 Agustus 1945 Samarinda
ISSN : -     EISSN : -     DOI : -
Core Subject : Education,
Education
Arjuna Subject : -
Articles 1,052 Documents
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PENEGAKAN HUKUM TERHADAP PROSES HUKUM PEMBUKTIAN TERBALIK TERBATAS DALAM PERKARA PIDANA KORUPSI Mizar Gustian Zulkifli
Journal of Law ( Jurnal Ilmu Hukum ) Vol 5, No 2 (2019)
Publisher : Universitas 17 Agustus 1945 Samarinda

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Abstract

ABSTRACT Regarding the effectiveness of inverse evidence cannot be explained with certainty. This is because in general the juridical rule that this applies to everyone who is ensnared or becomes a defendant is given the opportunity to prove. According to research, usually in terms of proof, the defendant can say that his wealth is obtained from inheritance or grants. So in this case the relationship between the prosecutor and the defendant in the verification. In investigating corruption cases the obstacles faced are usually at the time of verification, because in this case it is very risky and complicated and to say certainty in this case it is necessary to have an expert witness who is expected to help. So even though there is a corruption case, it cannot necessarily be that the investigator immediately says that there is a state loss, but the investigator must carefully handle and overcome it. In the case of reversing proof the obstacles that exist include investigators to find the criminal offense of the defendant and to file offenses find difficulties if if it turns out in the process is not true. Reverse proof is the right of the suspect to defend himself for the accusation based on the evidence. Administratively, the obstacles that exist are among others in the handling of notification letters to the local government, where in this case the regional level must be known by the governor, and for the central level must be known by the president. Besides the above, it is burdensome to get preliminary evidence in conducting an investigation. Keywords : evidentiary law, corruption
PENEGAKAN HUKUM TERHADAP PROSES HUKUM PEMBUKTIAN TERBALIK TERBATAS DALAM PERKARA PIDANA KORUPSI Zulkifli, Mizar Gustian
Journal of Law ( Jurnal Ilmu Hukum ) Vol 5, No 2 (2019)
Publisher : Universitas 17 Agustus 1945 Samarinda

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Abstract

ABSTRACT Regarding the effectiveness of inverse evidence cannot be explained with certainty. This is because in general the juridical rule that this applies to everyone who is ensnared or becomes a defendant is given the opportunity to prove. According to research, usually in terms of proof, the defendant can say that his wealth is obtained from inheritance or grants. So in this case the relationship between the prosecutor and the defendant in the verification. In investigating corruption cases the obstacles faced are usually at the time of verification, because in this case it is very risky and complicated and to say certainty in this case it is necessary to have an expert witness who is expected to help. So even though there is a corruption case, it cannot necessarily be that the investigator immediately says that there is a state loss, but the investigator must carefully handle and overcome it. In the case of reversing proof the obstacles that exist include investigators to find the criminal offense of the defendant and to file offenses find difficulties if if it turns out in the process is not true. Reverse proof is the right of the suspect to defend himself for the accusation based on the evidence. Administratively, the obstacles that exist are among others in the handling of notification letters to the local government, where in this case the regional level must be known by the governor, and for the central level must be known by the president. Besides the above, it is burdensome to get preliminary evidence in conducting an investigation. Keywords : evidentiary law, corruption
PROBLEMATICS OF WORKERS LOOK AT COMMERCIAL STILL UNDER THE AGE THAT MUCIKARI SELLS ARE REVIEWED BASED ON LAW NUMBER 35 OF 2014 ABOUT PROTECTION Darman Darman
Journal of Law ( Jurnal Ilmu Hukum ) Vol 5, No 2 (2019)
Publisher : Universitas 17 Agustus 1945 Samarinda

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Abstract

ABSTRACT              Children as shoots, potential and young generation are the successors of the ideals of the nation's struggle, Children have specific characteristics compared to adults and are one of the vulnerable groups whose rights are still neglected, therefore children's rights are important to prioritize. The formulation of commercial sex workers is one form of crime that is very difficult to deal with and this type of criminality is supported by economic factors in people's lives, where in this society, prostitution cannot be stopped, however, the world of prostitution can at least reveal a lot about the dark side of human life, not only related to sex relations and those involved in it, but also secretly enjoying and taking advantage of the existence of prostitution. Economic needs must be met to continue living. Commercial sex work is their choice. In the community commercial sex workers are seen as not good because they violate the ethics of manners and social norm. Keywords: Pimps and minors
PROBLEMATICS OF WORKERS LOOK AT COMMERCIAL STILL UNDER THE AGE THAT MUCIKARI SELLS ARE REVIEWED BASED ON LAW NUMBER 35 OF 2014 ABOUT PROTECTION Darman, Darman
Journal of Law ( Jurnal Ilmu Hukum ) Vol 5, No 2 (2019)
Publisher : Universitas 17 Agustus 1945 Samarinda

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Abstract

ABSTRACT              Children as shoots, potential and young generation are the successors of the ideals of the nation's struggle, Children have specific characteristics compared to adults and are one of the vulnerable groups whose rights are still neglected, therefore children's rights are important to prioritize. The formulation of commercial sex workers is one form of crime that is very difficult to deal with and this type of criminality is supported by economic factors in people's lives, where in this society, prostitution cannot be stopped, however, the world of prostitution can at least reveal a lot about the dark side of human life, not only related to sex relations and those involved in it, but also secretly enjoying and taking advantage of the existence of prostitution. Economic needs must be met to continue living. Commercial sex work is their choice. In the community commercial sex workers are seen as not good because they violate the ethics of manners and social norm. Keywords: Pimps and minors
PENANGGULANGAN PEREDARAAN NARKOTIKA DIKALANGAN PELAJAR KUTAI TIMUR Nunuk Andayanti
Journal of Law ( Jurnal Ilmu Hukum ) Vol 5, No 2 (2019)
Publisher : Universitas 17 Agustus 1945 Samarinda

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Abstract

ABSTRACT             The progress achieved in the reform era is quite promising, but on the other hand there are still worrying issues, especially regarding the behavior of some of our young generation who are trapped in drug abuse both consuming and distributing it. Narcotics abuse is a national and international problem, because it has a negative impact on the lives of people, nations and countries and their addicts, who are mostly students.             Victims of narcotics abuse in Indonesia are increasing and are not limited to groups of people who are able, given the high price of narcotics, but also has penetrated the constraints of low economic society. This can happen because narcotics commodities have many types, from the most expensive ones that can only be bought by the elite or celebrities, to the cheapest ones that are consumed by low economic groups.            Misuse and dangers of narcotics Narcotics among adolescents is undeniable that there are still many in the environment around us. The impact of narcotics on health and the future is indeed not insignificant. Many will be sacrificed because of narcotics abuse.            Based on the background description of the problem above, the problems in this paper are: (1) What is the Countermeasure of Narcotics Circulation in East Kutai Students? (2) What is the legal process for narcotics dealers in East Kutai Students?            The conclusions of this paper (1) The handling of narcotics illicit trafficking needs to be done comprehensively and multidimensionally. Trying to dispel the view that the problem of narcotics abuse and illicit trafficking is not just a matter of the government, but is a problem that must be tackled together. Prevention and eradication of narcotics abuse and illicit trafficking is carried out by building community-based prevention efforts, including through school and non-school education. electronic and print mass media, including advances in internet technology and communication tools, which need to be utilized to the maximum extent possible in providing information to the public at large, Criminal Provisions in Law Number 35 Year 2009, concerning Narcotics are regulated in Articles 110 through Article 148, as with most Criminal Acts outside the Criminal Code the formulation of Criminal provisions in several respects is different from the criminal formulation in the Criminal Code. (2) The implementation of the child protection law and attention to the legal process against problematic children by referring to law number 11 of 2012 as a legal umbrella that must be carried out both directors and Restorative Justice efforts, This is humane and takes into account the rights of children by involving various related parties to reach agreement and settlement while still paying attention to certain criteria. Strictly speaking, law enforcement officials must continue to refer to Article 16 paragraph (3) of Law No. 23 of 2002 which is amended by Law No. 35 of 2016 that protects children, namely that the arrest, detention or criminal offenses of children are only carried out if they are in accordance with applicable law and can only be done as a last resort. Keywords: Countermeasures, Narcotics Circulation, Students
PENANGGULANGAN PEREDARAAN NARKOTIKA DIKALANGAN PELAJAR KUTAI TIMUR Andayanti, Nunuk
Journal of Law ( Jurnal Ilmu Hukum ) Vol 5, No 2 (2019)
Publisher : Universitas 17 Agustus 1945 Samarinda

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Abstract

ABSTRACT             The progress achieved in the reform era is quite promising, but on the other hand there are still worrying issues, especially regarding the behavior of some of our young generation who are trapped in drug abuse both consuming and distributing it. Narcotics abuse is a national and international problem, because it has a negative impact on the lives of people, nations and countries and their addicts, who are mostly students.             Victims of narcotics abuse in Indonesia are increasing and are not limited to groups of people who are able, given the high price of narcotics, but also has penetrated the constraints of low economic society. This can happen because narcotics commodities have many types, from the most expensive ones that can only be bought by the elite or celebrities, to the cheapest ones that are consumed by low economic groups.            Misuse and dangers of narcotics Narcotics among adolescents is undeniable that there are still many in the environment around us. The impact of narcotics on health and the future is indeed not insignificant. Many will be sacrificed because of narcotics abuse.            Based on the background description of the problem above, the problems in this paper are: (1) What is the Countermeasure of Narcotics Circulation in East Kutai Students? (2) What is the legal process for narcotics dealers in East Kutai Students?            The conclusions of this paper (1) The handling of narcotics illicit trafficking needs to be done comprehensively and multidimensionally. Trying to dispel the view that the problem of narcotics abuse and illicit trafficking is not just a matter of the government, but is a problem that must be tackled together. Prevention and eradication of narcotics abuse and illicit trafficking is carried out by building community-based prevention efforts, including through school and non-school education. electronic and print mass media, including advances in internet technology and communication tools, which need to be utilized to the maximum extent possible in providing information to the public at large, Criminal Provisions in Law Number 35 Year 2009, concerning Narcotics are regulated in Articles 110 through Article 148, as with most Criminal Acts outside the Criminal Code the formulation of Criminal provisions in several respects is different from the criminal formulation in the Criminal Code. (2) The implementation of the child protection law and attention to the legal process against problematic children by referring to law number 11 of 2012 as a legal umbrella that must be carried out both directors and Restorative Justice efforts, This is humane and takes into account the rights of children by involving various related parties to reach agreement and settlement while still paying attention to certain criteria. Strictly speaking, law enforcement officials must continue to refer to Article 16 paragraph (3) of Law No. 23 of 2002 which is amended by Law No. 35 of 2016 that protects children, namely that the arrest, detention or criminal offenses of children are only carried out if they are in accordance with applicable law and can only be done as a last resort. Keywords: Countermeasures, Narcotics Circulation, Students
PENEGAKAN HUKUM TINDAK PIDANA TERHADAP ANAK PASAL 81 AYAT (1) UNDANG-UNDANG NOMOR 17 TAHUN 2016 TENTANG PERLINDUNGAN ANAK Rahmad Erwansyah
Journal of Law ( Jurnal Ilmu Hukum ) Vol 5, No 2 (2019)
Publisher : Universitas 17 Agustus 1945 Samarinda

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Abstract

ABSTRACT            Children are very vulnerable to being subject to violence. This is because children are socially and legally weak objects, so children are often used as material exploitation and impunity for crime due to the weak protection provided by both the social and state environment to children. This has led to widespread cases of violence against children occurring around the social sphere of Indonesian society.            Various types and forms of violence with various variants are accepted by Indonesian children, such as murder, rape, molestation, torture, trafficking, abortion, pedophilia, and various exploitation of children in the fields of work, neglect, kidnapping, child escape and hostage taking.            In Indonesia, there is already a law that regulates issues concerning children, namely Law Number 17 of 2016 concerning the Establishment of Government Regulations in lieu of Law Number 1 of 2016 concerning the Second Amendment to Law Number 23 of 2002 Concerning Child Protection into Law - Law, where in law enforcement this Act is the basic reference in the imposition of sanctions or penalties for perpetrators of sexual intercourse against minors.            Based on the background described above, the authors formulate the problem as follows: (1) How is the protection of children in law enforcement criminal acts Article 81 Paragraph (1) of Law Number 17 Year 2016 concerning Child Protection? (2) How is the criminal law enforcement against Children in Article 81 Paragraph (1) of Law Number 17 Year 2016 concerning Child Protection?            The conclusions of this paper are: (1) Protecting children is essentially protecting the family, protecting the community, and also protecting the nation. Therefore protection of children is very important. Including protection of children as victims of crime. Law Number 17 Year 2016 concerning Child Protection provides quite a lot of protection for children, even before the crime occurred in children, Law Number 17 Year 2016 which regulates Child Protection has provided protection for children not to become victims of a crime. (2) The imposing of a crime on a child must indeed be different from the imposing of a crime on an adult. Children are given the lightest possible punishment and half of the criminal convictions of adult criminal offenses. Children who violate the law of decency should be convicted with crimes that are educating and fostering children towards a better life, so that they become members of the community who obey the law. Therefore the nature of sanctions or actions for children must be different from the nature of criminal sanctions for adults. Criminal offense or action must be accountable and can benefit the child. This is to prevent unintended consequences that are detrimental to the child, so it needs to be considered an ethical basis for punishment that is justice as the only basis for punishment. The criminal must be educative, constructive, not destructive and must meet the interests of the child concerned. Keywords: Child Protection, Law Enforcement, Criminal Acts
PENEGAKAN HUKUM TINDAK PIDANA TERHADAP ANAK PASAL 81 AYAT (1) UNDANG-UNDANG NOMOR 17 TAHUN 2016 TENTANG PERLINDUNGAN ANAK Erwansyah, Rahmad
Journal of Law ( Jurnal Ilmu Hukum ) Vol 5, No 2 (2019)
Publisher : Universitas 17 Agustus 1945 Samarinda

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Abstract

ABSTRACT            Children are very vulnerable to being subject to violence. This is because children are socially and legally weak objects, so children are often used as material exploitation and impunity for crime due to the weak protection provided by both the social and state environment to children. This has led to widespread cases of violence against children occurring around the social sphere of Indonesian society.            Various types and forms of violence with various variants are accepted by Indonesian children, such as murder, rape, molestation, torture, trafficking, abortion, pedophilia, and various exploitation of children in the fields of work, neglect, kidnapping, child escape and hostage taking.            In Indonesia, there is already a law that regulates issues concerning children, namely Law Number 17 of 2016 concerning the Establishment of Government Regulations in lieu of Law Number 1 of 2016 concerning the Second Amendment to Law Number 23 of 2002 Concerning Child Protection into Law - Law, where in law enforcement this Act is the basic reference in the imposition of sanctions or penalties for perpetrators of sexual intercourse against minors.            Based on the background described above, the authors formulate the problem as follows: (1) How is the protection of children in law enforcement criminal acts Article 81 Paragraph (1) of Law Number 17 Year 2016 concerning Child Protection? (2) How is the criminal law enforcement against Children in Article 81 Paragraph (1) of Law Number 17 Year 2016 concerning Child Protection?            The conclusions of this paper are: (1) Protecting children is essentially protecting the family, protecting the community, and also protecting the nation. Therefore protection of children is very important. Including protection of children as victims of crime. Law Number 17 Year 2016 concerning Child Protection provides quite a lot of protection for children, even before the crime occurred in children, Law Number 17 Year 2016 which regulates Child Protection has provided protection for children not to become victims of a crime. (2) The imposing of a crime on a child must indeed be different from the imposing of a crime on an adult. Children are given the lightest possible punishment and half of the criminal convictions of adult criminal offenses. Children who violate the law of decency should be convicted with crimes that are educating and fostering children towards a better life, so that they become members of the community who obey the law. Therefore the nature of sanctions or actions for children must be different from the nature of criminal sanctions for adults. Criminal offense or action must be accountable and can benefit the child. This is to prevent unintended consequences that are detrimental to the child, so it needs to be considered an ethical basis for punishment that is justice as the only basis for punishment. The criminal must be educative, constructive, not destructive and must meet the interests of the child concerned. Keywords: Child Protection, Law Enforcement, Criminal Acts
KEWENANGAN SYAHBANDAR DALAM PROSES BONGKAR MUAT BARANG DI PELABUHAN SAMARINDA LOLO, SERLINA BUTTU
Journal of Law ( Jurnal Ilmu Hukum ) Vol 1, No 1 (2018)
Publisher : Universitas 17 Agustus 1945 Samarinda

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ABSTRACTThe purpose of this study is to find out how the Responsibility of Shahbandar in the Security and Safety of Shipping and how the Duty of the Shahbandar in the Context of Improving the Security and Safety of Shipping. Based on the use of library research methods it is concluded that: 1. The responsibility of the harbor officers is very important because the security and safety of shipping is their duty. The actions he takes are / in order to improve security and safety supervision of matters relating to shipping. 2. The supervisory duties performed by a shahbandar in the context of regulating the facilities and infrastructure for the implementation of sea transportation operations are very important. A Syah Bandar in his duty must also ensure the awareness of sea transportation service users such as companies, ship owners, ship crews to obey the laws and statutory provisions that apply in the field of shipping safety which are generally still low.
Problematika Tentang Penyediaan Pembuatan Tanda Nomor Kendaraan Bermotor Tidak Resmi di Daerah Balikpapan dan Akibat Hukum Novita Sari
Journal of Law ( Jurnal Ilmu Hukum ) Vol 5, No 2 (2019)
Publisher : Universitas 17 Agustus 1945 Samarinda

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ABSTRACTNovita Sari, Law Studies Program, Faculty of Law, University of 17 August 1945 "Problems on the Making of Illegal Vehicle’s number in Balikpapan Area and Because of Law", under the guidance of Kunti Widayati SH, M.Hum as the advisor I and Isnawati, SH , HM as advisor II.In this research that became the object of this research is the Balikpapan City District Police Traffic and Office of Samsat Balikpapan City and Business maker of Illegal Vehicle’s number and also the users of illegal Vehicle’s number. This research was conducted in Balikpapan City with Empirical Research method, using Law Case Study Approach which is case study approach on legal affair which is in progress or not finished. Source of data obtained in this research is primary data source or secondary data related to the making of illegal vehicle’s number.Vehicle’s number is an integral part of the registration and identification of vehicles, which basically Vehicle’s number can only be issued by the police in this case is the Indonesian Traffic Police Corps, but in fact there are still many business actors open a business providing Vehicle’s number that is clearly not justifiable legally. The result of the research and discussion related to the cause of the illegal construction of Vehicle’s number due to the absence of clear rules for action against illegal Vehicle’s number production so that law enforcers have no basis to carry out the action, the number of requests for business maker of illegal Vehicle’s number caused by the long process of making Vehicle’s number in Samsat Office, and the development of the illegal Vehicle’s number making business is quite fast in Balikpapan City Region. The concept offered by the author in this case is to optimize the supervision on the provision of making the illegal Vehicle’s number, clarify the rules regarding the making of Vehicle’s number not through  Samsat office, so that in law enforcement can be carried out fairly and useful in accordance with the purpose of the law itself. Keywords: Causative factor, Law Enforcement, Illegal Vehicle’s number.

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