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PENJUALAN PONSEL PINTAR TANPA GARANSI RESMI DI TENGGARONG BERDASARKAN UNDANG-UNDANG NOMOR 8 TAHUN 1999 TENTANG PERLINDUNGAN KONSUMEN Andi Setiawan
Journal of Law ( Jurnal Ilmu Hukum ) Vol 5, No 2 (2019)
Publisher : Universitas 17 Agustus 1945 Samarinda

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ABSTRACTSince Law Number 8 of 1999 concerning Consumer Protection has been enacted and along with the development of technology, the use of technolopgy products, especially telematics and electronic products in Indonesia, has experienced rapid development from year to year. Warranty is a full stage transaction from the stages of consumer transactions. Considering the importance of the after-sales guarantee / guarantee card and to complete the UUPK, the Minister of Trade Regulation of the Republic of Indonesia Number 19 / M-DAG / PER / 5/2009 was issued. With this regulation, it is expected that consumers can avoid purchasing defective or damaged products. The author in conducting this research uses the method of empirical juridical research, namely research carried out by collecting data directly from competent parties in connection with the object under study, for this method of interviewing with staff and agencies is related to the object of this research to obtain primary data. aims to find out the legal consequences for businesses that trade smart phones without an official guarantee in Tenggarong city and find out the settlement efforts for consumers who have been harmed by buying smart phones without an official guarantee under Law Number 8 of 1999 concerning Consumer Protection.KEY WORDS:Due to Law, Consumer Protection, UUPK

TINJAUAN TERHADAP PELAKSANAAN PENAGIHAN PAJAK BUMI DAN BANGUNAN YANG TERHUTANG OLEH BADAN PENDAPATAN DAERAH BERDASARKAN PERATURAN DAERAH KOTA SAMARINDA NOMOR 04 TAHUN 2011 TENTANG PAJAK DAERAH Zalukhu, Utu Selama
Journal of Law ( Jurnal Ilmu Hukum ) Vol 1, No 1 (2018)
Publisher : Universitas 17 Agustus 1945 Samarinda

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ABSTRACTLand and builing (PBB) tax collection is done ever year if the tax return is payable, receiver by the tax payer, the regional income month deler mines the done dot cof payment and tax patment is no later than 30 (thirty) working days after the time the tax becomos due and the maxsimum is 6 ( six) months the since the dote of receipt of SPPT by the tax payer SPPT, i cal tax assesment latter (SKPD) underpaid underpayment local tax assessment latter (SKPDKBT), local tax bill (STPD), correcti letter, and appeal decision which causes the amount of tax to be paid to increase is the basis tax collection and must be paid a maxsimumÂ period of one (1) month from the date of Issue.Â Â Â Â Â Â Â Samarinda city regional regulation number 04 of 2011 concerning local taxes, arbicle 74 paragraph 2 (two) is carried out based regulation law number 19 year 1997 as amended by law number 19 year 2000 regarding tax collection can be gruaped into 2 (two), namely, passive billing and active billing.Keywords : Tax collection due

TINDAKAN HUKUM TERHADAP KURIR NARKOBA DILAKUKAN ANAK DIBAWAH UMUR BERDASARKAN UNDANG-UNDANG NARKOTIKA Fani Nova Silvana
Journal of Law ( Jurnal Ilmu Hukum ) Vol 6, No 1 (2019)
Publisher : Universitas 17 Agustus 1945 Samarinda

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ABSTRACTNarcotics abuse no longer looks at age ranging from teenagers, adults to parents. It is not uncommon for narcotics dealers to use underage children to be used as couriers for illegal drugs. Lack of knowledge of narcotics and the inability to refuse and resist, make minors the target of narcotics dealers to distribute narcotics widely and covertly. The problem of this thesis is: 1) how are legal sanctions against underage drug couriers? 2) how to protect the rights of children who become drug couriers?The research methods and techniques used are normative methods and research by means of library research, namely activities carried out by collecting data and studying books that have to do with research and research documents or archives relating to research, namely drug couriers who are still underage. The conclusions in this thesis are 1) the imposition of convictions on children who become drug couriers as stipulated in as stipulated by the types of crimes that can be imposed by child judges in Article 71 paragraph 91) and (2) Law No. 11 of 2012 concerning the Juvenile Justice System must be considered regarding the articles applied in accordance with Law No. 35 of 2009 concerning Narcotics 2) before entering the process of imprisonment of the child against children who become narcotics couriers, there are legal safeguards under the Child Criminal Justice System Law through a restorative justice approach to achieve diversion and based on the discretion from law enforcement. But for children as narcotics couriers, the threat of punishment is more than 7 (seven) years, it is not compulsory for diversion.Keywords: Legal Protection, Courier, Narcotics, Children

AKIBAT HUKUM PELAKSANAAN JUAL BELI DIBAWAH TANGAN ATAS TANAH YANG BELUM BERSERTIFIKAT DI DESA DASAQ KECAMATAN MUARA PAHU KABUPATEN KUTAI BARAT Alda Aulia
Journal of Law ( Jurnal Ilmu Hukum ) Vol 7, No 2 (2021)
Publisher : Universitas 17 Agustus 1945 Samarinda

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ABSTRACTOne of the principles of a rule of law, namely the existence of a guarantee of legal certainty, especially in the field of land, to implement this principle the Basic Agrarian Law (UUPA) Number 5 of 1960 which regulates land ownership and use rights in Indonesia, is based on the provisions that applies if there is a transfer of rights over land such as sale and purchase, to obtain legal certainty the land must be registered, this is as regulated in the Basic Agrarian Law article 19 and article 23 paragraph (1) in conjunction with Article 37 paragraph (1) government regulation number 24 1997. land certificate as proof of ownership. However, in reality there are still uncertified land buying and selling practices. Usually this practice is carried out on the basis of mutual trust through a receipt or only using evidence as limited as a letter made in the village, which is called an underhand sale and purchase. The practice of buying and selling under the hands is often carried out, especially by people in Dasaq Village. The research method used in this research is legal research methods. The type of research used is empirical legal research. The problem approach used is the statue approach and the conceptual approach. This research was conducted in Dasaq Village, Muara Pahu District, West Kutai Regency. From the results of the research, it was found that in this village, there were still a lot of underground selling and buying practices because the land owned by the community in the village generally did not have a certificate or had not been registered. Underhand land sale and purchase transactions, among others, are based on mutual trust, through a receipt and through the Village Head based on a sale and purchase letter. The legal consequence of the underhand sale and purchase of uncertified land in Dasaq Village is that there is no legal certainty of the transfer of rights to the land as regulated in the Basic Agrarian Law because it has not been registered to obtain a certificate as proof of ownership of land rights.keywords: buying and selling under the hands, legal consequences, land registration, legal certainty.

TINJAUAN YURIDIS PERJANJIAN PERKAWINAN CAMPURAN TERHADAP PEMISAHAN HARTA DAN AKIBAT HUKUMNYA Fara Syahrial
Journal of Law ( Jurnal Ilmu Hukum ) Vol 7, No 1 (2020)
Publisher : Universitas 17 Agustus 1945 Samarinda

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ABSTRACT Everyone who will marry commonly wants to have an everlasting and happy family. However, the marriage course will find obstacles and arise potential conflict later on. Likewise in intermarriage amongst Indonesian citizens with foreigners. They will face some problems, one of the problems are citizenship and chattel because they must obey the disparate law. Indonesian citizens must set up property separation as a precaution to protect their property rights in Indonesia by doing a marriage agreement. Based on that case so the problem can be formulated as follows; the impact and the law consequences of intermarriage, along with its urgency of a marriage agreement which relates to the property separation. This research uses juridical normative, which is done based on the prominent law proposition by studying the theories, concepts, law principle as well as the rules of statutes which correspond to this research.

TINJAUAN YURIDIS PERLINDUNGAN HUKUM ANAK YANG TERLIBAT TINDAK PIDANA NARKOTIKA Gilang Khassandra
Journal of Law ( Jurnal Ilmu Hukum ) Vol 7, No 2 (2021)
Publisher : Universitas 17 Agustus 1945 Samarinda

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ABSTRACT Drug abuse is an act that seems to be commonplace in Indonesia. The misuse of narcotics contains the intention of a person who without right or against the law uses narcotics. That is, if a person who does not have a permit or authority uses narcotics either for himself or for others, it can be categorized as abuse.Protection of criminal law for children who are involved in narcotics crime is by using diversion through a restorative justice approach. According to the above provisions, a child who commits a criminal act and is processed in juvenile justice has rights guaranteed by the Law on the Juvenile Criminal Justice System. One of these is the right not to be arrested, detained and imprisoned except as a last resort.Obstacles in providing legal protection for children involved in narcotics crime can be seen through the legal system consisting of legal structure, legal substance and legal culture as well as through law enforcement factors consisting of law enforcement, laws, facilities or facilities, society and culture. Keywords: Legal protection. Son Narcotics Crimes.

TINJAUAN YURIDIS HAK-HAK NASABAH PEGADAIAN DALAM HAL TERJADI PELELANGAN TERHADAP BARANG JAMINAN Ronny Siantury Irawan
Journal of Law ( Jurnal Ilmu Hukum ) Vol 7, No 2 (2021)
Publisher : Universitas 17 Agustus 1945 Samarinda

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ABSTRACTIn a pledge agreement that has been agreed to be carried out by the parties, where the agreement creates rights and obligations that must be fulfilled by the parties. If an achievement is not fulfilled, it will cause consequences that must be held accountable for the act and require the parties to compensate for the loss. This study aims to find out about the implementation of the pawn agreement between PT. Pegadaian (Persero) and its customers in relation to the principle of freedom of contract, know the rights and obligations of PT. Pegadaian (Persero) and customers in the pawn agreement and know the legal consequences if one of the parties makes a mistake in the pawn agreement. The approach method used in this research is a normative method where the method that examines the law is based on the rules and principles in law.This writing uses a normative type of research, where the law is conceptualized as what is written in the legislation (law in books) or the law is conceptualized as a rule or norm which is a benchmark for human behavior that is considered appropriate.The results of this study indicate that the rights and obligations of the parties are implemented if PT. Pegadaian (Persero) and the debtor have agreed on an agreement and require the parties to implement it. If the debtor does not fulfill the obligation to pay off and redeem the pawned goods in accordance with Article 1243 of the Civil Code, the consequence is that the pawned goods will be auctioned. PT. Pegadaian (Persero) also has an obligation to look after and maintain the customer's pawned goods. If the pawned goods are damaged or lost, the act is considered an unlawful act in accordance with Article 1365 of the Civil Code due to errors and omissions resulting in the customer experiencing a loss and requiring PT. Pegadaian (Persero) to compensate for the loss. The legal terms of the agreement are stated in Article 1320 of the Civil Code. Given the importance of an agreement, so that problems do not arise in the future due to someone's lack of understanding in making an agreement, we will explain some of the requirements that must be met in order for the agreement to be valid and binding on the parties. Article 1320 of the Civil Code states that there are 4 (four) conditions for the validity of an agreement, namely the existence of an agreement for those who bind themselves; The ability of the parties to enter into an engagement; A certain thing; and a lawful cause. Keywords: Mortgage Agreement, Legal Responsibility, Valid Terms of Agreement

PELAKSANAAN PERKAWINAN ADAT DAYAK AOHENG DITINJAU DARI UNDANG-UNDANG NOMOR 16 TAHUN 2019 ATAS PERUBAHAN ATAS UNDANG-UNDANG NOMOR 1 TAHUN 1974 TENTANG PERKAWINAN Stanislaus Nyopaq
Journal of Law ( Jurnal Ilmu Hukum ) Vol 6, No 2 (2020)
Publisher : Universitas 17 Agustus 1945 Samarinda

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AbstractDefinition of Marriage According to Customary Law Marriage is one of the most important events in the lives of indigenous peoples. The issue raised in this discussion is the implementation of Aoheng Dayak Customary Marriage in terms of Law Number 16 of 2019 Amendment to Law Number 1 of 1974 concerning Marriage and legal issues regarding the implementation of Aoheng Dayak Indigenous Marriage in terms of the LawType of Normative Juridical research is research conducted based on legal material and by collecting data, books in the library with the problems used in this study.Results of the study. Terms of Marriage Legality according to Aoheng Dayak Customary Law namely, Customary goods for Applications (Uvut Keneco'u), Customary Marriage (Besaa Adet), Tomo Pasing Toang Adet Procession, involving the community, Dayak Aoheng need to discuss Indigenous marriage is not applied to advanced age, Factors found also occur in terms of marriage registration, the existence of marriage registration costs which according to them are expensive and not affordable by indigenous peoples. They want to avoid convoluted bureaucracies and need a long time. They consider it better to work to earn a living compared to having to take care of marriage registration. Implementation of Aoheng Dayak Indigenous marriage regarding Age or Age compilation of marriage is not implemented as stipulated in Law Number 16 of 2019 concerning amendments to Law Number 1 of 1974 concerning Marriage.

PENGGUNAAN JASA DEBT COLLECTOROLEH PIHAK BANK DALAM PENAGIHAN KREDIT MACET PADA KARTU KREDIT Feri Andrianton
Journal of Law ( Jurnal Ilmu Hukum ) Vol 7, No 1 (2020)
Publisher : Universitas 17 Agustus 1945 Samarinda

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ABSTRACTPayment using a credit card will charge a very high interest. The interest is very high, causing many people who can not pay their debts to the bank so it requires a great effort for the bank to collect credit card debt. To collect the debt, the Bank can use various methods even the bank is not reluctant to hire debt collector servicesThe type of research the author uses is Normative legal research. Normative Legal Research (normative juridical) is a legal research method carried out by examining mere literature or secondary data.The results of the study stated that based on the results of research conducted by the author of Bank CIMB NIAGA Cab. Kutai Kartanegara can be concluded that the use of debt collectors by banks in the use of bad credit on credit cards by using threats and even violence against customers can be categorized as a crime in the perspective of criminal law. Namely with Article 310 in conjunction with Article 335 paragraph (1) and jo Article 170 of the Criminal Code and the conditions for the use of debt collector services by banks in the collection of bad credit on credit cards according to applicable regulations is if the quality of credit card bills has entered into doubtful or bad collectibility. , Billing of other parties is done in a way that is not violating the law and In a cooperation agreement between the issuer & other parties to collect credit card transactions, it must contain a clause concerning the issuer's responsibility for any legal consequences of the cooperation of other parties.Keywords: Credit, Loss, Debt Collector

TINJAUAN YURIDIS TENTANG BADAN KEPEGAWAIAN DAERAH DALAM MEMINIMALISIR TERJADINYA PERCERAIAN BAGI PEGAWAI NEGERI SIPIL DALAM WILAYAH KABUPAEN KUTAI KARTANEGARA Imelda Theresia
Journal of Law ( Jurnal Ilmu Hukum ) Vol 6, No 1 (2019)
Publisher : Universitas 17 Agustus 1945 Samarinda

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ABSTRACTThe local management agency is an extension of the regent/mayor's hand which handles management matters on staff. With regard to the issue of divorce permits for civil servants must apply for permission to obtain a divorce issued against the regent/mayor through the personnel agency that will assess whether administrative conditions are met and whether the stated reasons are acceptable in the case of the development of the staff, there is no doubt that the region's management will continue to maintain a divorce, but there must be measures that hope to have the impact of the divorce and try to unify the integrity of the member's family in the hopes of a less severe civil servant's divorce.The study method of empirical legal research means that is assessed as real behavior and as a written social symptom that is experienced in social and environmental relationships.Research shows that the mechanisms and processes of granting a divorce to civil servants are submitted in writing to officials according to a hierarchy by a preliminary process through the head of the job application which, when attempting to reconcile again, the applicant's superior provides a written consideration and suggestion for consideration to the officer who will make the decision, The government's decision to obtain a mandatory divorce was made by officials in order to minimize divorce for the NNS decision on the basis of the application and the application of the state court.Keywords: regional employment agency, divorce permits for civil servants, minimize.

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Contact Name
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Contact Email
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Journal Mail Official
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Location
Kota samarinda,

Kalimantan timur

INDONESIA