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KAJIAN HUKUM TERHADAP PENGGUNAAN HANDPHONE OLEH DRIVER OJEK ONLINE PADA SAAT BERKENDARA Anton Hermawan
Journal of Law ( Jurnal Ilmu Hukum ) Vol 6, No 1 (2019)
Publisher : Universitas 17 Agustus 1945 Samarinda

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ABSTRACT GOJEK is a company engaged in the field of online transportation that is managed by PT GOJEK INDONESIA, in carrying out its work online motorcycle taxi drivers often use mobile phones in driving, this is inseparable because of their work related systems that require viewing mobile phones to view orders, orders, and view GPS to arrive at this destination can disrupt concentration in driving and can endanger other motorists.This type of research used in this study is a type of normative legal research, which is a legal research method that uses a statutory approach.The results showed that the use of mobile phones while driving was not permitted because it could interfere with concentration and could endanger other motorists, this has been explained by law number 22 of 2009 concerning road traffic and transportation, and was also confirmed by the constitutional court number 23 / PUU-XVI / 2018 that the use of mobile phones while driving is not permitted because it can cause accidents. Keywords: Legal Study, Mobile Usage, Online Ojek Drivers.

KEDUDUKAN DAN STATUS ANAK YANG DILAHIRKAN SECARA BAYI TABUNG DILUAR PERKAWINAN DALAM PERSPEKTIF HUKUM PERDATA Muhammad Auliya Putra
Journal of Law ( Jurnal Ilmu Hukum ) Vol 7, No 2 (2021)
Publisher : Universitas 17 Agustus 1945 Samarinda

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ABSTRACTEvery human being who wants offspring must go through the marriage process but there are solutions for those who want offspring but not necessarily through marriage, such as phobias and there are also those who have problems such as not wanting to get married but are told to get offspring and have problems getting married. These problems will cause many complications related to how the child's survival is especially in terms of the law that regulates the child being born because of problems outside of marriage or not a legal marriage. The legal basis relating to children born by IVF outside of marriage is Article 272 of the Civil Code and the Decision of the Constitutional Court (MK) Number 46 / PUU-VIII / 2010 which revised Article 43 paragraph (1) of the Marriage Law. The formulas of the problem are: (1) The position and status of children born by IVF outside of marriage in the perspective of Civil Law; (2) The legality of children born in IVF outside of marriage in the perspective of Civil Law.The type of research used in this research is Normative Juridical Research and the problem approach used in this study is the Statute Approach and the Conceptual Approach.The results of the research are with the existence of Article 272 of the Civil Code which states that the validity of the child can be recognized as long as it receives legal recognition from the father and mother and also through the marriage certificate itself and the Constitutional Court (MK) Decision Number 46 / PUU-VIII / 2010 which revises Article 43 Paragraph (1) of the Marriage Law which states that the civil relationship of children born outside of marriage has a relationship only with the mother and the mother's family, as well as with the man as the father, which can be proven based on science and technology to have a blood relationship with the father's family. This Constitutional Court Decision Number 46 / PUU-VIII / 2010 provides legal protection for children to provide fair certainty for the status of children born even though the legality of the marriage is still not legal according to State law. So that the blood relationship between the child and the father in a biological sense can be confirmed based on a legal process and is able to receive their rights as a legitimate child. My advice is that it would be nice if you get married first so that babies born from IVF programs outside of marriage get guaranteed legal certainty and it is better for parents who give birth to children outside of marriage to acknowledge or legalize the child so that the child can get family status as soon as possible.Keywords: The Position and Status, Children, In Vitro Fertilization, Outside Marriage, Civil Law.

PERLINDUNGAN HUKUM TENTANG JAMINAN SOSIAL BAGI TENAGA KERJA DI PURWA CARAKA MUSIC STUDIO SAMARINDA BERDASARKAN UNDANG-UNDANG NOMOR 24 TAHUN 2011 TENTANG BADAN PENYELENGGARA JAMINAN SOSIAL Nur An Nisaa
Journal of Law ( Jurnal Ilmu Hukum ) Vol 6, No 2 (2020)
Publisher : Universitas 17 Agustus 1945 Samarinda

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AbstractProtection of the right to social security for workers is very important and necessary, especially when dealing with occupational risks even during the occurrence of work accidents. The problems examined in this study include 2 (two) things: first, what constitutes labor rights according to Law Number 40 of 2004 concerning the National Social Security System, Law Number 24 of 2011 concerning the Social Security Organizing Body and Law Number 13 of 2003 concerning Manpower. Second, how is the implementation of the right to labor social security at the Purwa Caraka Music Studio in Samarinda. The research method used in this writing is the Juridical-Empirical method with the fact approach method which is done by seeing firsthand the real situation at the research site, Purwa Caraka Music Studio (PCMS) Samarinda. The results of this study, the rights granted according to Law number 40 of 2004 concerning the National Social Security System, Law Number 24 of 2011 concerning the Social Security Organizing Agency is to provide social security in the form of work accident insurance programs, old age benefits, pension guarantees and death guarantees. Labor rights according to Law number 13 of 2003 concerning employment is to provide social health insurance for work health, decent wages, leave entitlements, etc. Then, the implementation of labor rights in Samarinda's PCMS is in accordance with applicable laws and regulations. As for workers who do not get social security because they are still on probation and when accidents occur, the form of protection provided is preventive protection by sending victims to clinics or hospitals and providing first aid kits on each floor and repressive protection measures by providing compensation treatment for workers who have had work accidents that have not been registered with the BPJS. The advice given by the writer first is that further research is needed to map the role of government, synchronize with other laws and regulations relating to the management of the social security system. Second, the Samarinda PCMS should further optimize work safety and health efforts for workers and workers should be registered on the first day of work. The government must also reinforce sanctions for companies that have not registered workers in accordance with applicable regulations. As well as providing information on the importance of occupational safety and health, as well as information on the existence of the Government's social security program, BPJS.

PROBLEMATIKA KENAKALAN ANAK REMAJA DI KOTA SAMARINDA DITINJAU BERDASARKAN UNDANG-UNDANG NOMOR 17 TAHUN 2016 TENTANG PERLINDUNGAN ANAK Ayu Abna Sari
Journal of Law ( Jurnal Ilmu Hukum ) Vol 6, No 1 (2019)
Publisher : Universitas 17 Agustus 1945 Samarinda

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ABSTRACTChildren are an inseparable part of the continuity of human life and the sustainability of a nation and state. In order to be able to be responsible for the sustainability of the nation and state.Basically, juvenile delinquency is a form of adolescent behavior that is not in accordance with the applicable rules in society, or it can also be said that juvenile delinquency is a form of deviant behavior and the causative factor is due to parental divorce, due to economic factors and so on.Efforts made in minimizing adolescent delinquency are by increasing socialization activities about juvenile deviant crimes, both regarding the dangers, legal consequences, and other things so that adolescents can avoid actions that are against the law. Keywords: Legal Efforts to Handle Juvenile Delinquency

TINJAUAN YURIDIS TENTANG PENYELESAIAN SENGKETA HARTA WARIS MELALUI PERDAMAIAN Oppy Tri Oktarini
Journal of Law ( Jurnal Ilmu Hukum ) Vol 7, No 2 (2021)
Publisher : Universitas 17 Agustus 1945 Samarinda

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ABSTRACTIndonesian inheritance law is still pluralistic in nature, meaning that there is no unified inheritance law that can be applied comprehensively to Indonesian society. Inheritance law in Indonesia currently applies three systems of inheritance law, namely Islamic inheritance law, civil inheritance law, customary inheritance law. Of the three legal systems that regulate inheritance, of course, they have different sources of law from one another. Inheritance is a method of settling legal relations in society, which creates more or fewer difficulties due to the death of a person. In general, this study aims to determine the legal rules regarding the distribution of inheritance according to KHI, and the procedure for settling inheritance disputes through peace. This research method used is normative juridical. This conclusion shows that the law of inheritance in the compilation of Islamic law (KHI) article 171 point (a) is: the law that regulates the transfer of ownership of inheritance (tirkah) heirs, determines who has the right to become heirs and how much of each.Keywords: Inheritance, Peace

PELAKSANAAN PERJANJIAN FRANCHISE MENURUT HUKUM PERDATA DI KOTA SAMARINDA Muhammad Iman Agrianto
Journal of Law ( Jurnal Ilmu Hukum ) Vol 6, No 2 (2020)
Publisher : Universitas 17 Agustus 1945 Samarinda

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ABSTRAK Perjanjian waralaba (franchise) merupakan salah satu aspek perlindungan hukum kepada para pihak dari perbuatan merugikan pihak yang lain. Hal ini dikarenakan perjanjian tersebut dapat menjadi dasar hukum yang kuat bagi para pihak untuk menegakkan perlindungan hukum.Pertumbuhan bisnis waralaba (franchise) yang demikian pesatnya tentunya memiliki konsekuensi, yaitu membuka peluang bagi masyarakat untuk terlibat di dalam kegiatan bidang ekonomi. Peluang ini tentunya juga membutuhkan proses, pengaturan, pengarahan serta pembahasan untuk dapat menghindari kerugian dan pemutusan kontrak secara sepihak, khususnya dalam bidang waralaba (franchise) ini.Metode yang digunakan dalam penelitian ini adalah metode yuridis normatif, dalam melakukan pembahasan terhadap permasalahan yang ada, penulis akan melihat pada ketentuan peraturan perundang-undangan yang ada kaitannya dengan franchise.permasalah yang penulis bahas dalam skripsi ini adalah mengenai pelaksanaan perjanjian franchise menurut Hukum Perdata di kota samarinda dan akibat hukum pemutusan perjanjian franchise secara sepihak oleh franchisor sebelum berakhirnya kontrak.Berdasarkan hasil penelitian maka dapat disimpulkan Dalam pelaksanaan perjanjian franchise para pihak yaitu pemberi waralaba (franchisor) maupun penerima waralaba (franchise) harus mendaftarkan usahanya dan memiliki Surat Tanda Pendaftaran Waralaba (STPW). Kata kunci : franchise, franchisor, wanprestasi

TINDAK PIDANA TAWURAN OLEH KELOMPOK REMAJA TERHADAP PETUGAS KEPOLISIAN DALAM UPAYA PENGAMANAN UNJUK RASA Dessi Nindi Khadijah
Journal of Law ( Jurnal Ilmu Hukum ) Vol 6, No 1 (2019)
Publisher : Universitas 17 Agustus 1945 Samarinda

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ABSTRACTThe life of association, debate, and issue of debate has been obtained in Article 28 of the 1945 Constitution. In the discussion, the demonstration continued the group of adolescents who participated in becoming a mass. The demonstration moved arrogance to injure and make damage which caused it to visit each other. Based on these matters, the formulation of the problem that arises is related to the legal process of the adolescent group acts against police officers in an effort to secure demonstrations and the extent to which legal protection for children's rights commits criminal acts of a brawl in accordance with the Law on the Law on Violence Acts child. The method of research conducted in this study uses normative legal methods, namely by conducting library analysis. Brawl Crime against police officers in an effort to secure demonstrations. The legal process for children is always diverted from the level of the police, the prosecutor's office to the court is also carried out together with BAPAS, LPKS and related and verifiable institutions that can assist the court for the verdict, and the child will be placed in the LPKA (Child Development Foundation). Legal protection for children is guided by children's rights contained in the Juvenile Justice System Act.Keywords: Crime of Brawl, Child Suspect

IMPLEMENTASI PERATURAN WALIKOTA SAMARINDA NOMOR 43 TAHUN 2020 TENTANG PENERAPAN DISIPLIN DAN PENEGAKAN HUKUM PROTOKOL KESEHATAN SEBAGAI UPAYA PENCEGAHAN DAN PENGENDALIAN CORONA VIRUS DISEASE 2019 (COVID-19) MENGENAI PENGGUNAAN MASKER DI KOTA SAMARINDA Oey Vonny Winata
Journal of Law ( Jurnal Ilmu Hukum ) Vol 7, No 2 (2021)
Publisher : Universitas 17 Agustus 1945 Samarinda

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ABSTRACK This extraordinary incident originated from a case of pneumonia caused by a virus from the Corona Virus extended family, but this virus has never been known before so it is referred to as a new type of Corona or Novel Coronavirus.This research is empirical juridical research. Empirical legal research is a legal research method that functions to be able to see the life of the law in a real sense and to examine how the law works in a society.Masks are used to avoid exposure to the Corona Virus that is hitting Indonesia, including Samarinda City so that the number of people exposed to this virus can be reduced. Mayor Regulation Number 43 of 2020 regarding health protocols including the use of masks was socialized by the Samarinda City Covid-19 Handling Task Force through word of mouth, social media, seminars, through printed media such as distributing pamphlets, banners and creating a Covid-19 Handling Task Force team at the sub-district, sub-district, to the RT / RW levelThere are 5 factors that influence law enforcement. However, the factors of the community that make the implementation of Mayor Regulation Number 43 of 2020 are hampered because there are still people who do not use masks. This is proven by the fact that people feel lazy to use masks when traveling to nearby places and wearing masks can hinder the activities of the community itself. This is what causes the people of Samarinda City to still not wear masks. Keywords : Implementation of Samarinda Mayor Regulation. Health Protocol for the Use of Masks

KEABSAHAN PERKAWINAN SUKU DAYAK TUNJUNG DITINJAU BERDASARKAN UNDANG-UNDANG NOMOR 1 TAHUN 1974 TENTANG PERKAWINAN Nomita Santi
Journal of Law ( Jurnal Ilmu Hukum ) Vol 6, No 1 (2019)
Publisher : Universitas 17 Agustus 1945 Samarinda

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AbstractThe validity of marriage based on article 2 paragraph (1) and paragraph (2) of marriage law, marriage is legal if it is carried out according to the laws of each religion and its beliefs and is recorded according to the applicable laws and regulations. Article 2 paragraph (1) and paragraph (2) of marriage law. But in the case of recording, there are still married couples whose marriages are not recorded in the registry office. The method of research conducted by the author is empirical juried. Data collection is done by the Longgang Amer area, Longgang Bigung District, and at the Presidium Office of the West Kutai regency customary council. The first conclusion, that the implementation of the traditional Tunjung Dayak Tribe marriage is lawful according to state law has fulfilled the provisions contained in law number 1 of 1974 article 2 paragraph (1) and paragraph (2). In the case of marriage registration, there is a spouse the wife whose marriage was not recorded in the registry office. This unregistered marriage caused the husband and wife and children born to not get legal protection. Second, the role and responsibility of the customary chief are to carry out a whole series of arrangements for the approval of prospective brides and grooms, and the three factors driving the occurrence of customary marriage in the Longgang Amer region are indigenous and customary laws are adhered to as invite for the Tunjung Dayak Tribe community.

PEMBELAAN TERPAKSA (NOODWER EXCES) TERHADAP PELAKU TINDAK PIDANA ANAK YANG MENGAKIBATKAN MATINYA ORANG LAIN Via Varacika
Journal of Law ( Jurnal Ilmu Hukum ) Vol 7, No 2 (2021)
Publisher : Universitas 17 Agustus 1945 Samarinda

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ABSTRACT Self-defense is one of the rights and obligations are given by law to every person to maintain the safety of his life, both the safety of his life, property, and honor. that basically self-defense is a right which is instinctual for every person to defend himself or others, his property and honor from the evil deeds of other parties, which want to damage or harm illegally.An act that qualifies as a criminal offense for children is an act in the form of a crime or a violation as regulated in the criminal law legislation.For the application of the provisions of Article 49 of the Criminal Code, the following elements must be met: There is an attack that is instantaneous or threatens directly; The attack was against the law; The attack is against oneself or others, the honor of decency or the property of one's own or others.Law enforcement officers, especially the judges, apply the rules of article 49 of the Criminal Code. because these rules are legal protection against harm and other crimes against someone. Keywords: Forced Defense, Child Crime

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Kota samarinda,

Kalimantan timur

INDONESIA