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KAJIAN HUKUM PENERAPAN FIKTIF NEGATIF DALAM HUKUM ADMINISTRASI NEGARA SEBAGAI KEPUTUSAN TATA USAHA NEGARA Saindra Arafa Syam
Journal of Law ( Jurnal Ilmu Hukum ) Vol 6, No 2 (2020)
Publisher : Universitas 17 Agustus 1945 Samarinda

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AbstractPublic services are organized by the government or public service providers in terms of the petition filed by society, of course, expect to be met. But sometimes an application for a decree can not be met in terms of both requirements are not met nor of the procedural aspects of the old and long. One path taken apart complaint or objection submitted to the government, is through the legal system by submitting an application or a lawsuit at the Administrative Court of the State. Good application to obtain admission decision as provided for in Article 53 of Law No. 30 of 2014 on Government Administration and through lawsuits filed related to the refusal or decision fictitious negative as stipulated in Article 3 of Law No. 5 of 1986 concerning the State Administrative Cour., The resolution attempts through the courts is ultimium remudium (the last resort) for citizens to obtain the appropriate public service expected. Lawsuit or application to obtain the Decree of the Government would be expected to provide for community legal certainty, in addition as a correction for public servant in serving the community

TINJAUAN TERHADAP TINDAK PIDANA PENCURIANDENGAN KEKERASAN DI KABUPATEN KUTAI KARTANEGARA Merida Kristin
Journal of Law ( Jurnal Ilmu Hukum ) Vol 7, No 1 (2020)
Publisher : Universitas 17 Agustus 1945 Samarinda

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ABSTRACT Crime of theft with violence is contained in the second book of the Criminal Code Article 365. Theft by violence is theft with qualifications and is also a theft with incriminating elements. The form of criminal liability imposed on the perpetrators of criminal offenses accompanied by violence is contained in Article 365 of the Criminal Code. The article generally regulates the form of accountability for robbery accompanied by violence, but for the regulation of the form of accountability for robbery accompanied by more specific violence, it is regulated in Article 365 paragraph 2, then the form of accountability for perpetrators of robbery accompanied with imprisonment sentenced to prison with imprisonment for 12 (twelve) years. Furthermore, the violence intended here is an act that uses body energy that is not light. Bodily energy is physical strength directed at humans and not violence against goods. Crime of theft by violence arises due to several factors, both those related to the perpetrators and the victims and the environment in which they live and interact. Based on the background above, the authors are interested in choosing a title with the theme "Review of Crime of Theft with Violence in Kutai Kartanegara Regency". And in this study using empirical sociological research methods. It is expected that from the results of this thesis writing research can contribute ideas related to the issues raisedKeywords : Theft, Crime and Violence.

PENERAPAN KERINGANAN PAJAK KENDARAAN BERMOTOR DIMASA PANDEMI COVID-19 BERDASARKAN PERATURAN GUBERNUR KALIMANTAN TIMUR NOMOR 31 TAHUN 2020 TENTANG KERINGANAN PAJAK KENDARAAN BERMOTOR Aji Muhammad Doddy Alwanda
Journal of Law ( Jurnal Ilmu Hukum ) Vol 7, No 1 (2020)
Publisher : Universitas 17 Agustus 1945 Samarinda

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ABSTRACT During the Covid-19 pandemic, the obligation of taxpayers to pay motor vehicle taxes was felt to be very burdensome. Times like this are not only people who feel the impact of covid-19 but the government also experiences the effects of covid-19. To help taxpayers pay motor vehicle tax, the East Kalimantan regional government sees this impact by issuing Governor Regulation Number 31 of 2020 concerning Motor Vehicle Tax Relief. The problem raised in this paper is applying motor vehicle tax relief law based on Governor Regulation Number 31 of 2020 concerning Motor Vehicle Tax Relief and the obstacles in applying motor vehicle tax relief based on Governor Regulation Number 31 of 2020 concerning Motor Vehicle Tax Relief. The type of research used is juridical empirical research, field research with the problem approach used in writing this thesis is a quantitative approach.The results showed that the implementation of the motor vehicle tax relief policy in East Kalimantan Province during the Covid-19 pandemic succeeded in attracting taxpayers' attention to make motor vehicle tax payments. The lack of socialization of motor vehicle tax relief and less understanding, taxpayers paying motor vehicle taxes online are an obstacle to the application of vehicle tax breaks. Keywords: Law Application, Motor Vehicle Tax.

TANGGUNG JAWAB PEJABAT PEMBUAT AKTA TANAH (PPAT) TERHADAP PEMALSUAN IDENTITAS DALAM PEMBUATAN AKTA JUAL BELI Raja Aulia Ayatullah
Journal of Law ( Jurnal Ilmu Hukum ) Vol 7, No 2 (2021)
Publisher : Universitas 17 Agustus 1945 Samarinda

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ABSTRACT By carrying out a sale and purchase before the PPAT, the conditions are bright (not a dark legal act, which is carried out clandestinely)."In order to make a deed of sale and purchase of land, the party transferring the right must meet the requirements, namely the authority to transfer the right, while the party receiving it must meet the requirements of the subject of the land to be purchased, and must be witnessed by at least two witnesses of this research. using normative research methods, with the results of research and discussion, namely PPAT's responsibility for the sale and purchase deed he made that was not in accordance with the PPAT deed making procedure or was proven to have committed a violation in carrying out his duties and positions so that the deed he made contained legal defects based on irregularities the formal requirements and material requirements of the procedure for making the PPAT deed, the PPAT may be subject to or imposed sanctions, namely administrative and criminal.Keywords: PPAT, Identity Forgery, Sanctions

EFEKTIVITAS HUKUMAN PENJARA BAGI PENYALAHGUNAAN NARKOTIKA SESUAI DENGAN UNDANG-UNDANG REPUBLIK INDONESIA NOMOR 35 TAHUN 2009 TENTANG NARKOTIKA Deni Saputro
Journal of Law ( Jurnal Ilmu Hukum ) Vol 6, No 2 (2020)
Publisher : Universitas 17 Agustus 1945 Samarinda

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ABSTRACT With the issuance of Law Number 35 of 2009 concerning Narcotics in which legal sanctions are regulated, as well as the things that are allowed with the issuance of the law, the investigators are expected to be able to assist the process of settling cases against one or more people who have committed drug crimes today. And one of those sanctions is prison. Prison Crime is a punishment in the form of a limitation of freedom of movement of a convicted person by closing the person in a place called Lapas (Lapas), by requiring people to obey all the rules and regulations that apply in the relevant Prison. As is well known, national development in Indonesia has the aim of creating a just and prosperous society, which is materially and spiritually evenly based on the Pancasila and the 1945 Constitution.Based on the results of the description of the reasons for the selection of the title above, the writer wants to explore some of the problems that are made objects in writing this thesis are: 1). What is the community's role in dealing with obstacles in tackling narcotics distribution and abuse? 2). What is the Effectiveness of Prison Sentences for Narcotics Abuse in Accordance with Law Number 35 Year 2009?So it can be concluded as follows: 1). The Role of the Community in Preventing Narcotics Crimes in Samarinda. Related to narcotics prevention in Samarinda, there are several steps that must be taken so that prevention can proceed with effectiveness. In addition there are several important aspects that must be considered so that the level of effectiveness of prevention works well, including the following: (a). The role of elements of society (b). Coordination of individuals with elements of society (c). The role of society itself. 2). The application of imprisonment for narcotics abuse offenders has not been effective so far so that there is a need for a serious program to suppress the dependency of a narcotics abuse user or narcotics user. Not only that the collaboration between the Penitentiary with the BNN has never been held. Keywords: Prison Punishment, Narcotics Abuse

TINJAUAN TERHADAP PERATURAN MAHKAMAH AGUNG NOMOR 2 TAHUN 2012 TENTANG TINDAK PIDANA RINGAN DALAM PENERAPAN DI INDONESIA Chandra Wihandaka
Journal of Law ( Jurnal Ilmu Hukum ) Vol 7, No 1 (2020)
Publisher : Universitas 17 Agustus 1945 Samarinda

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AbstractChanges in the Criminal Code have now been changed according to conditions and situations. As in Articles 364, 373, 379, 384, 407 paragraph (1) and 482 of the Criminal Code, it has been amended by Perpu No.16, 1960, and Perpu No. 18/1960. The Supreme Court issued PERMA No.2 of 2012 to adjust the limits of minor criminal offenses. Based on this background, there is the main problem, namely how to review the Supreme Court Regulation Number 2 of 2012 concerning Minor Crimes in Community Application. This paper discusses the application of the Supreme Court Regulation Number 2 of 2012 concerning Adjustment of the Limits of Minor Crimes in the Criminal Code and the Effectiveness of the Supreme Court Regulation Number 2 of 2012 concerning the Adjustment of Limits of Minor Crimes. This paper is useful in explaining the role of the PERMA in society and the value of the benefits achieved in its application. The method used in writing this thesis uses library research. The type of approach used in this research is the legislation approach (the statue approach) and the fact approach. The results of this thesis research are in the form of regulations and the application of PERMA No. 2 of 2012 to the Community With the increase of minor criminal cases in the Community, the form / form of benefit value is based on PERMA No. 2 of 2012 is considered less effective in the community because it can cause unrest and disturbance of public order and a lack of deterrent effects for the perpetrators. This thesis gives a suggestion to be affirmed in the penalties listed in the Criminal Code (KUHP) for criminal offenders. And Judges in deciding sentences for perpetrators of minor crimes need to explore the values contained in the community in order to create a deterrent effect for the perpetrators and to get the value of benefits for the application of the law.Keywords : Minor Crimes, Supreme Court Regulations, Deterrent Effe

TINDAKAN KEPOLISIAN DALAM MENGUNGKAP TINDAK KEJAHATAN NARKOTIKA DI KOTA SAMARINDA Hanun Cahyarsi
Journal of Law ( Jurnal Ilmu Hukum ) Vol 6, No 1 (2019)
Publisher : Universitas 17 Agustus 1945 Samarinda

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ABSTRAK Crime is an act or action carried out by humans where the act is prohibited by criminal law. One of the crimes that often occurs in Indonesia is Narcotics. In general, Narcotics problems can be divided into three interrelated parts, namely the existence of illegal narcotics production, narcotics illicit trade, and narcotics abuse. The problem in this research is how is the law enforcement of narcotics criminal acts committed by the police, and what are the inhibiting factors in the law enforcement of narcotics crimes committed by the police.The study was conducted using a normative juridical approach and empirical jurisdiction. The data used are primary data and secondary while processing obtained by means of identification, editing, classification and systematic.The results of the study are described as follows: Law enforcement of narcotics criminal acts carried out by the Police is carried out by using revitative efforts, namely using legal remedies, where narcotics criminals must be prosecuted under Law No. 35 of 2009 concerning Narcotics. Police who carry out narcotics crimes are tried in a public peradila environment where the disciplinary witness will be carried out in a code of ethics session. Examination of polri discipline will be handled by the Head of the Department of Propam sub-sector. The prosecution of the defendant member of the Indonesian National Police was carried out by the Public Prosecutor. The development of prisoners of the National Police members was carried out in the prison. Whereas preventive measures are to provide guidance to the police by means of socialization. Factor Ankum law enforcers have not been maximal in giving sanctions to police officers who commit violations. Factors for facilities or facilities Related to problems with inadequate facilities and infrastructure and limited budget support. Community factors As well as the lack of public concern to report to the authorities, it is difficult for law enforcers to eradicate narcotics crimes. The background and personal characteristics of the Police members make it smarter. Keywords: Law Enforcement, Narcotics Crime, Police

TINJAUAN YURIDIS TERHADAP TINDAKAN PENGANCAMAN MELALUI MEDIA ELEKTRONIK BERUPA PESAN SINGKAT Adam Gusti
Journal of Law ( Jurnal Ilmu Hukum ) Vol 7, No 2 (2021)
Publisher : Universitas 17 Agustus 1945 Samarinda

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ABSTRACTThreatening is someone's intention to do something that has the goal of harming others. The inadequate readiness of human resources in the use of information technology, both in terms of intelligence and mental readiness, has made the sophistication of this information technology a tool that is prone to be used as a medium for committing crimes or more influencing the birth of new forms of legal action. Threats through electronic media are in principle the same as conventional threats, which only distinguish the means, namely through the internet, so that personal videos and photos are included in electronic information and/or electronic documents sent via short messages which are currently electronic media crimes. Regarding threats through electronic media in the form of short messages, the problems in this study are what are the elements of the offense in the act of threatening through electronic media in the form of short messages as regulated in Law No. 19 of 2016 and Imposing legal sanctions for perpetrators of criminal acts who threaten through electronic media in the form of a short message based on a court decision (Number 159 / Pid.Sus / 2018 / PN Lmg). This research method uses Normative Juridical. The juridical normative research method is an approach based on legal materials by examining theories, concepts, legal principles, and laws and regulations referring to the existing norms in society with the addition of various juridical elements.The conclusion obtained is that the elements of the offense of threatening through electronic media in the form of a short message, namely everyone, intentionally and without rights, distributes and/or makes accessible, information and/or electronic documents, which contain extortion and/or threats, and charges of extortion and/or threats. sanctions, namely 7 (seven) months imprisonment and a fine of Rp. 100,000,000 (one hundred million rupiahs)

PENEGAKAN HUKUM PIDANA TERHADAP TINDAK PIDANA PENGANCAMAN BERBASIS PINJAMAN Hengki Prima Hodding
Journal of Law ( Jurnal Ilmu Hukum ) Vol 6, No 2 (2020)
Publisher : Universitas 17 Agustus 1945 Samarinda

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ABSTRAK Berdasarkan penelitian ini, adapun tujuan penulisan yaitu untuk mengetahu mengenai penerapan hukum pidana terhadap tindak pidana pengancaman berbasis pinjaman online serta faktor-faktor yang mempengaruhi terkendalanya penegakan hukum tersebut. Adapun metode penelitian yang penulis terapkan dalam penulisan ini yakni metode yuridis normatif serta dilakukannya pendekatan perundang-undangan, dimana teknik pengumpulan dan pengolahan bahan hukum mencakup studi pustaka. Hasil penelitian yang didapatkan oleh penulis adalah mengetahui mengenai dasar-dasar hukum serta penerapan hukumnya terhadap tindak pidana pengancaman berbasis pinjaman online dan faktor-faktor yang mempengaruhi terkendalanya penegakan hukum tersebut. Kesimpulan yang terdapat dalam penelitian ini mencakup penerapan hukum mengenai tindak pidana pengancaman berbasis pinjaman online yang telah diatur dalam Undang-Undang No. 11 Tahun 2008 Tentang Informasi dan Transaksi Elektronik yang termuat dalam Pasal 27 ayat (4) dan dilanjutkan pada Pasal 29, serta Pasal 369 KUHP.Kata Kunci : Penegakan Hukum, Tindak Pidana Pengancaman, Pinjaman Online. ABSTRAKThis study aims to find out the application of criminal law against online loan-based threats and the factors that affect the constraints of law enforcement.The research methodology applied by the author in this study is the Normative Judicial Method and the author implemented a statutory approach, which means the process of collecting and preparing legal material using Literature Study.As a result of this study, the author knows about the basics and the applications of criminal law against online loan-based threats and the factors that affect the constraints of law enforcement.The conclusion of this study includes the application of the law regarding online loan-based threats that had been regulated in law No. 11 of 2008 about electronic transaction and information that contained in article 27 paragraph (4) and continued in article 29 and 349 KUHP.Keywords: Law Enforcement, Threat criminal law, online loan.

TANGGUNG JAWAB HUKUM PIMPINAN REDAKSI LEMBAGA PENYIARAN TERHADAP PEMBERITAAN YANG MELANGGAR KODE ETIK JURNALISTIK Rizky Randa Safaatulah
Journal of Law ( Jurnal Ilmu Hukum ) Vol 7, No 1 (2020)
Publisher : Universitas 17 Agustus 1945 Samarinda

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ABSTRACT The mass media functions as a vehicle for mass communication, disseminating information, and forming opinions in society. The press is a social institution and vehicle for mass communication that carries out journalistic activities including searching, obtaining, possessing, storing, processing, and conveying information in the form of text, sound, pictures, sounds, and images, as well as data and graphics as well as other forms using media print, electronic media, and all types of channels available (Article 1 General Provisions of the Press Law)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 approachThe results showed that the press responsibility after the enactment of Law Number 40 of 1999 concerning the press, was explicitly regulated in the explanation of Article 12 and Article 18 paragraph (2), the sound of the article namely: Article 12 Press companies are required to announce the name, address, and person in charge openly through the media concerned; specifically for press releases plus names and printing addresses.Based on the explanation of Article 12 of Law Number 40 of 1999 concerning the Press, it is stated that the person in charge is the person in charge of the press company which includes the business field and the editorial field, as long as it involves criminal liability to adhere to the applicable laws and regulations. Article 18 paragraph (2) Press companies that violate the provisions of Article 5 paragraph (1) and paragraph (2), as well as Article 13 are convicted, with a maximum fine of Rp 500,000,000.00 (five hundred million rupiahs) Keywords: Publications, children, criminal offenders

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Location Kota samarinda, Kalimantan timur INDONESIA

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Contact Name
-

Contact Email
-

Phone
-

Journal Mail Official
-

Editorial Address
-

Location
Kota samarinda,

Kalimantan timur

INDONESIA