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PEMBUKTIAN TINDAK PIDANA PENISTAAN AGAMA BERDASARKAN VIDEO DI MEDIA SOSIAL MENURUT PASAL 27 AYAT (3) UNDANG-UNDANGN NO 19 TAHUN 2016 ATAS PERUBAHAN UNDANG-UNDANG NO 11 TAHUN 2008 TENTANG INFORMASI DAN TRANSAKSI ELETRONIK ( ITE ) Muhammad Fathur Rahman
Journal of Law ( Jurnal Ilmu Hukum ) Vol 6, No 1 (2019)
Publisher : Universitas 17 Agustus 1945 Samarinda

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AbstractThe development of technological advances making it easier for one to access social media and bias to create a status of both writing, drawing, and video. Seiringngya with such facilities is also in the same manner of crimes in social media, one of the many circulating writings, images, or videos that violate the provisions of the invitation in the Republic of Indonesia.So that the religion that notabenenya as a person's spiritual identity becomes the target of blasphemy by a person who is not responsible and make a community as a citizen of the Republic of Indonesia, which the country guarantees freedom in the religion that is believed to be religious. There are 6 recognized religions in the country Republic Indonesia, including religion of Islam, Catholicism, Christianity, Hinduism, Buddhism, and religious religions. And the religion that is widely adopted in the Republic of Indonesia is the Islamic religion.Based on the results of research and discussion, it can be concluded that the cause of religious blasphemy crimes is the failure of the development of religion, weak law enforcement, the emergence of the defenders of religious taking, the media is not the party to the religion that is denied. Thus making the opportunity of a person whose crisis of religious sciences easily blasphemy the religion. In the end, based on the above conclusion, the author's suggestion needs to spread religion or even wider da'wah so that all religious teachings can be conveyed well and can be understood every adherence. To put a religious position above everything than a need for strict sanction of the law enforcement officers for religious conners. So it becomes one of the right means of creating justice.Keyword: criminological Penista religious social media

TINJAUAN YURIDIS TERHADAP PENGADAAN TANAH BAGI KEPENTINGAN UMUM DI KOTA SAMARINDA BERDASARKAN UNDANG-UNDANG NOMOR 2 TAHUN 2012 TENTANG PENGADAAN TANAH BAGI PEMBANGUNAN UNTUK KEPENTINGAN UMUM Muhammad Fachryan Nugraha
Journal of Law ( Jurnal Ilmu Hukum ) Vol 7, No 2 (2021)
Publisher : Universitas 17 Agustus 1945 Samarinda

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AbstractLand acquisition for public use often experiences problems in the procurement process. The problem is that on one hand, the need for land in the context of development is so urgent while on the other hand the land supply is limited. This study aims to determine the suitability of land acquisition for public use in Samarinda City with Law Number 2 of 2012 concerning Land Procurement for Development in the Public Interest, and suitability of awarding compensation to holders of land rights with Law Number 2 of the Year 2012 concerning Land Procurement for Development in the Public Interest. This type of research used in the writing of this law is empirical juridical research which in essence examines the applicable legal provisions and what happens in the reality of society. The research approach used is descriptive which aims to provide a specific description or explanation of the state of the object or problem under study. The results of the study concluded that land acquisition in samarinda city not in accordance with applicable legal provisions in this case Law Number 2 of 2012 concerning Land Procurement for Development in the Public Interest because there are still obstacles that are often faced by the City Government of Samarinda. In case compensation is in accordance with Law No. 2 of 2012 concerning Land Procurement for Development in the Public Interest. Howiver, there are still disadvantaged citizens because the value of compensation is not sufficient for economic needs, as well as unpaid compensation.

TINJAUAN YURIDIS PERJANJIAN JUAL-BELI TENAGA LISTRIK ANTARA PT PLN DENGAN PELANGGAN Denny Ardian Priambodo
Journal of Law ( Jurnal Ilmu Hukum ) Vol 6, No 2 (2020)
Publisher : Universitas 17 Agustus 1945 Samarinda

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AbstractIncreasingly diverse electricity needs make the government obliged to make proper arrangements in the implementation of electrical energy distribution, so the government needs to appoint a State-Owned Enterprise (BUMN) named PT. The State Electricity Company which is often referred to as PT. PLN (Persero). PT PLN (Persero) as the electricity manager appointed by the government continues to improve in providing services to the community until now PLN continues to strive to meet people's needs for electricity by issuing various existing electrical service products, it is hoped that the need for electrical energy in Indonesia can be fulfilled to the maximum. maybe. Problems that occur in subscribing to electricity, both technically and administratively, are most often carried out by the community through the services of third parties (installers registered with PLN and installers who are not registered with PLN), because they want to get fast service. As a result, in addition to the high costs due to installers asking for additional services, people are also often victims because the expected fast service is also not fulfilled and there is a lot of public electricity supply that is not registered or not officially at PLN (Illegal). In practice, PT PLN as a provider of electricity in accordance with the mandate of Law No. 8 of 1999 concerning consumer protection is obliged to provide clear information on traded goods or services.

KEDUDUKAN PSIKOLOGI FORENSIK DALAM PENANGANAN PELAKU TINDAK PIDANA PEMBUNUHAN DENGAN KEKERASAN TERHADAP ANAK Anis Sulmustakim
Journal of Law ( Jurnal Ilmu Hukum ) Vol 6, No 1 (2019)
Publisher : Universitas 17 Agustus 1945 Samarinda

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ABSTRACT The position of Forensic Physology in the presentation is very close to obtaining a decision or determination in the investigation of a criminal offense carried out by the perpetrator, it is very important to know the psyche of the perpetrator and how to handle it in the investigation. From this background can be raised several problems, namely: How is the position of psychological Forensi to find out the cause of the perpetrators of murder with violence against children and How to deal with the perpetrators of murder with violence against children if the perpetrators can win the responsibility and cannot answer their actions. The discussion of these problems requires an approach method, specification of research types and sources of data, data collection methods and data analysis methods, from which the conclusions can be obtained as follows: very active role in forensic psychology in investigating perpetrators with investigators so that investigators can decide or report on the psychiatric results of the perpetrator to strengthen in the trial whether the suspect can bear the responsibility or not and the mechanism of investigation, sending SPDP, forced efforts, examinations, title cases, settlement of case files to the public prosecutor, surrender of suspects and evidence, and termination of investigation who plays with cannot bear the responsibility, namely the examination of a psychologist or psychiatrist, Sp3 dismissal before a court decision Keywords: Forensic Physics, Handling in Investigation, Psychology of Actors

TINJAUAN YURIDIS TERHADAP TANGGUNG JAWAB PEMILIK MOBIL PRIBADI YANG DIGUNAKAN SEBAGAI ANGKUTAN UMUM MENURUT PERATURAN UNDANG-UNDANG NOMOR 22 TAHUN 2009 TENTANG LALU LINTAS DAN ANGKUTAN JALAN Wenky Berlinto
Journal of Law ( Jurnal Ilmu Hukum ) Vol 7, No 2 (2021)
Publisher : Universitas 17 Agustus 1945 Samarinda

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AbstractTransportation is a means that many people need since ancient times in carrying out its activities, which are realized in the form of transportation. Transportation is divided into the transportation of people and/or goods intended for public or private use. This research was conducted to find out how the legal efforts of the Department of Transportation and related agencies in preventing Dark Taxi transportation and how Legal sanctions on private cars used as public transport in Law No. 22 of 2009 concerning Road Traffic and Transport. By using normative and empirical juridical research methods. Based on the results of the study, Legal Efforts from the Transportation Department want relevant agencies in preventing Dark Taxi transportation to be considered not optimal in eradicating illegal taxis, due to weak supervision and the number of members in charge of monitoring is still minimal so that drivers and owners of illegal taxi vehicles are freer to carry out their actions without close supervision from the Transportation Department and the Police. Legal Sanctions on private cars used as public transportation in Law no. 22 of 2009 concerning Traffic and Road Transportation according to Article 304 is considered ineffective in its implementation because many violators have been arrested several times with this same case indicating that the Act does not deter the perpetrators in carrying out their actions as illegal taxi drivers.

AKIBAT HUKUM TERHADAP PIHAK YANG TIDAK MELAKSANAKAN PUTUSAN PENGADILAN HUBUNGAN INDUSTRIAL DALAM PERKARA ANTARA BURUH DAN PERUSAHAAN Ellyana Poerwaningsih
Journal of Law ( Jurnal Ilmu Hukum ) Vol 7, No 1 (2020)
Publisher : Universitas 17 Agustus 1945 Samarinda

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ABSTRACTThe substance of layoff disputes is complex because one of the possible decisions of the Industrial Relations Court is to order employers to re-employ workers. There is a separate problem if the businessman who is governed does not voluntarily implement the decision of the Industrial Relations Court. The series of procedures for resolving industrial relations disputes conclude with the decision of the Industrial Relations Court. Workers '/ workers' rights cannot be fulfilled because the employer/company still does not want to pay the rights that the worker/worker gets to him, or in other words, do not carry out court satisfaction, this is sometimes due to arrogance due to his defeat or fear of his defeat will cause a lack of authority employers/companies because they have been beaten by workers/workers at these companies.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 Parties who did not carry out this case, the company that lost the case could also be reported to the police on the basis of the actions of the employer who did not carry out the court's order (ruling) because the action could be considered as obstructing orders from officials or authorities general as regulated in Article 216 paragraph (1) of the Criminal Code. Parties Not Implementing Industrial Court Decisions In Case, i.e. companies, as the court's decision can be reported to the police on the basis of embezzlement. Because not giving what belongs to another person can be categorized as embezzlement as regulated in Article 372 of the Criminal Code. The decision on the Case of the District Court in the Industrial Relations dispute has permanent legal force, but the company has no good intention to voluntarily implement the contents of the PHI decision. Then there are a number of steps you can take. First, submit a request for execution (seized executorial) to the Court, Second, report the company to the police, Third, file a bankruptcy lawsuit against the companyKeywords: Industrial Relations Disputes, Labor, Companies

TINJAUAN TERHADAP PELAKU BODY SHAMING BERDASARKAN UNDANG-UNDANG NOMOR 19 TAHUN 2016 PERUBAHAN ATAS UNDANG-UNDANG NOMOR 11 TAHUN 2008 TENTANG INFORMASI DAN TRANSAKSI ELEKTRONIK Rizky Fadhila
Journal of Law ( Jurnal Ilmu Hukum ) Vol 6, No 1 (2019)
Publisher : Universitas 17 Agustus 1945 Samarinda

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AbstractNowadays body shaming is rife (insulting body image) among the public, especially on social media, as an effort to guarantee the rights of victims due to body shaming crimes the need for clear legal rules. Considering the legal rules regarding body shaming in Law Number 19 Year 2016 Amendment to Law Number 11 Year 2008 Regarding Information and Electronic Transactions (ITE Law) there is a lack of clarity in its regulation which does not mention directly about body shaming, it is necessary to have review of the rules governing body shaming so that it does not cause multiple interpretations in using it. The legal issues in this research are the legal provisions and the application of body shaming criminal acts in terms of the ITE Law. The method used in this study uses normative juridical research methods. Based on the results of the study, the regulation of criminal acts against body image can be referred to using Article 45 paragraph (3) of the ITE Law if the crime is committed through social media, if viewed from the characteristics of body shaming that has fulfilled the objective and subjective elements of the article. , so that body shaming can be said to be a criminal offense of mild humiliation of body image.

TINJAUAN YURIDIS TINDAK PIDANA TERORISME DI INDONESIA Agus Suparmono
Journal of Law ( Jurnal Ilmu Hukum ) Vol 6, No 1 (2019)
Publisher : Universitas 17 Agustus 1945 Samarinda

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ABSTRACT One of the things that disturb national stability is the crime of terrorism. In recent years, criminal acts of terrorism in Indonesia have mushroomed and have disturbed the peace of the nation. The series of bombings that occurred in the territory of the Unitary State of the Republic of Indonesia has caused widespread fear in the community, resulting in loss of life and loss of property, thus causing an unfavorable influence on Indonesia's social, economic, political, and international relations. Bombing is one mode of perpetrators of terrorism that has become a common phenomenon in several countries. Terrorism is a transnational, organized crime and even an international crime that has a wide network, which threatens national and international peace and security.Problem approach is the process of solving or solving problems through the stages that have been determined, so as to achieve research objectives. In this type of approach, researchers make direct observations of the process of enactment of normative law in certain legal events so that this study examines the legal provisionsThe elements in the criminal act of financing terrorism, namely every person, who commits an evil conspiracy, attempted or assisted to commit the crime of financing terrorism, intentionally providing, collecting, giving, or lending funds either directly or indirectly, with the intention of being used in whole or in part to commit acts of terrorism, terrorist organizations, or terrorists.From the point of view of law enforcement officers, it turns out that the AT Special Police Detachment 88 personnel in charge of investigating and investigating terrorist crimes committed by radical groups because members of the Special Detachment 88 AT Polri who are already trained and experienced in their duties, so that the disclosure of the case does not encounter obstacles or significant obstacles, and from the results of an investigation conducted immediately the suspect can be arrested to carry out his investigation. Keywords: Criminal Acts, Terrorism, Law Enforcement

PENGATURAN TENTANG LIMBAH CAIR BAHAN BERACUN DAN BERBAHAYA MENURUT UNDANG-UNDANG NO. 32 TAHUN 2009 TENTANG PERLINDUNGAN DAN PENGELOLAAN LINGKUNGAN HIDUP Bayu Saksono
Journal of Law ( Jurnal Ilmu Hukum ) Vol 7, No 2 (2021)
Publisher : Universitas 17 Agustus 1945 Samarinda

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AbstractThe development of workshop business activities mostly occurs in big cities, including Samarinda City. The workshop's business activities have positive and negative impacts. The positive impact is that it contributes to Local Original Revenue (PAD), provides welfare, and also provides employment opportunities. Expected, activities that involve consideration, soil pollution, air pollution, air pollution, or health improvement. In addition, more serious environmental problems can be caused by hazardous waste and the results of translation (B3) consisting of used oil, hereinafter referred to as used lubricating oil as a result of the workshop business activities. The lubricating oil produced is inherent specifically in Article 12 paragraph (1) of Government Regulation No. 101 Concerning Management of Hazardous and Toxic Waste that reads: "Everyone who produces B3 Waste must carry out B3 Waste Storage". B3 is not in accordance with Government Regulation No. 101 About the Management of Hazardous and Toxic Waste Material will greatly protect the surrounding environment

KEDUDUKAN BARANG BUKTI DALAM PERKARA PIDANA DITINJAU BERDASARKAN KITAB UNDANG-UNDANG HUKUM ACARA PIDANA Julius Bernat Hasibuan
Journal of Law ( Jurnal Ilmu Hukum ) Vol 6, No 1 (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.

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Contact Name
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Journal Mail Official
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Location
Kota samarinda,

Kalimantan timur

INDONESIA