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PENCABUTAN PENGADUAN OLEH ISTRI ATAS KEKERASAN DALAM RUMAH TANGGA YANG DILAKUKAN OLEH SUAMI Siti Nurhasanah
Journal of Law ( Jurnal Ilmu Hukum ) Vol 7, No 1 (2020)
Publisher : Universitas 17 Agustus 1945 Samarinda

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ABSTRACT Violence in the household is any action against someone, especially women, which results in physical, sexual, psychological, and/or neglect of the household, including threats to commit acts, coercion, or illegal deprivation of liberty within the scope of the household. The birth of Law Number 23 of 2004 concerning the Elimination of Domestic Violence (PKDRT Law) is expected to be able to provide penalties for perpetrators of domestic violence.Some of the factors that cause someone to commit acts of violence in the household are 1. Economic factors 2. Behavior. 3. Jealousy, 4. Third parties, 5. Factor communication and so onGiven that there are still many cases of domestic violence that occur in Indonesia, especially in the city of Samarinda. In addition, it is also important to socialize the rights of victims, including the right to report, the right to receive protection.Keywords: Complaints, domestic violence (KDRT)

TINJAUAN TERHADAP PERKAWINAN DI BAWAH TANGAN BERDASARKAN UNDANG-UNDANG NOMOR 1 TAHUN 1974 TENTANG PERKAWINAN Desy Fitriana Pawestri
Journal of Law ( Jurnal Ilmu Hukum ) Vol 7, No 2 (2021)
Publisher : Universitas 17 Agustus 1945 Samarinda

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ABSTRACT This study aims to find out how the legal status of children and wives in marriage is under the hands of based on Law Number 1 of 1974 concerning marriage and how the solution if there is a marriage under the hands to become lawful according to National law. The type of research used in this study uses the normative juridical method, namely by using the object of research studies in the form of the books in question as well as legislation that has a correlation with the discussion of issues related to research.When marriage is agreed upon, it must be agreed upon in harmony and marital conditions concerning the prospective bridegroom, prospective bride, bride guardian, two voters and qabul. Based on Law No. 1 of 1974 concerning Marriage in addition to fulfilling marital requirements must be recognized by the Marriage Registration Officer approved must be regulated in Article 2 paragraph (2) of Act Number 1 of 1974 concerning Marriage intended According to the applicable legislation, approved marriage is not registered with the Employer of Marriage Registration, the marriage is considered illegal according to national law and will affect the status of the wife and child. The status of the wife from under the marriage will cause several consequences, among others: the wife is not considered a legitimate wife, the wife does not have legal force in the event of a dispute and also the distribution of inheritance if the husband finds the world, the wife is neglected for rights and consequences, vulnerable to domestic violence, and the wife will find it difficult to socialize. As well as having an impact on children who determine because the status of children considering being a child is illegal and only has a relationship with family and permission. The solution that can be done is by applying for a marriage permit application to the Religious Court, besides that it can also do a remarriage that must be completed with a marriage registration by a supported official. For the government, it is expected to intensify the socialization of the importance of marriage registration so that all people really understand the marriage record, for the community there is a need for legal awareness to grow for each individual who allows to carry out under-the-hand marriage which has become a risk requirement.

ANALISIS HUKUM PELAKSANAAN PERATURAN PEMERINTAH NOMOR 78 TAHUN 2010 TENTANG REKLAMASI DAN PASCATAMBANG TERHADAP KEWAJIBAN REKLAMASI LAHAN DI PT. MULTI HARAPAN UTAMA (MHU) KABUPATEN KUTAI KARTANEGARA Maylinda Nur Laila
Journal of Law ( Jurnal Ilmu Hukum ) Vol 7, No 1 (2020)
Publisher : Universitas 17 Agustus 1945 Samarinda

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AbstractIndonesia is a country that has a lot of Mining Company Permits, that in carrying out mining exploitation activities that should not be forgotten are reclamation and post-mining activities. Reclamation and post-mining activities are regulated in Indonesia, namely Government Regulation Number 78 Year 2010. Despite the post-mining regulations, until now the handling of ex-mining land still leaves many dug pits that cause environmental damage to cause casualties. That based on the matters as described above, the writer is interesting to conduct research on the reclamation implementation activities carried out by PT. Multi Harapan Utama (MHU), as one of the executors of coal mining activities in Kutai Kartanegara Regency, East Kalimantan Province. In this writing, the author uses empirical juridical methods with the data used include primary data obtained directly from the research location and secondary data obtained from legal materials owned by the author. Data collection is done by observation and interview techniques and analyzed in such a way as a descriptive analytical description. The author's research results can be concluded that PT. Multi Harapan Utama (MHU) has or is conducting post-mining land reclamation in accordance with applicable laws and regulations in order to achieve environmental standards even though there are some obstacles in the technical implementation of post-mining land reclamation work.

TINJAUAN TERHADAP PEMBAGIAN HARTA BERSAMA AKIBAT PERCERAIAN YANG PERKAWINANNYA DILAKUKAN DI BAWAH TANGAN Wita Anugrah Gemilang
Journal of Law ( Jurnal Ilmu Hukum ) Vol 6, No 1 (2019)
Publisher : Universitas 17 Agustus 1945 Samarinda

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ABSTRACTMarriage under the hand known to the public arises after the promulgation of Law Number 1 of 1974 concerning Marriage and the issuance of Government Regulation Number 9 of 1975 as the implementation of Law Number 1 of 1974. In both regulations it is stated that each marriage other than must be performed according to religious provisions must also be noted. For those who are Muslim and are going to divorce but cannot prove the existence of a marriage with a marriage certificate, they can submit an application for marriage (the determination/ratification of marriage) to the Religious Courts as regulated in Article 7 of the Compilation of Islamic Law (KHI).Problems regarding property in marriage generally arise in the event of a divorce. In unregistered marriages, there will be difficulties in sharing shared assets because there is no legal bond between the two. Therefore, in an underhand marriage, good faith from both parties is needed in resolving various problems through a family gathering. Keywords: Marriage, Divorce, Under the Hand

TINJAUAN YURIDIS TENTANG BADAN KEPEGAWAIAN DAERAH DALAM MEMINIMALISIR TERJADINYA PERCERAIAN BAGI PEGAWAI NEGERI SIPIL DALAM WILAYAH KABUPAEN KUTAI KARTANEGARA Imelda Theresia P
Journal of Law ( Jurnal Ilmu Hukum ) Vol 7, No 2 (2021)
Publisher : Universitas 17 Agustus 1945 Samarinda

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ABSTRACT The 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.

TINJAUAN TENTANG PENCANTUMAN KESALAHAN BERAT DALAM PERJANJIAN KERJA BERSAMA YANG DI SAHKAN OLEH DISNAKER KABUPATEN KUTAI KARTANEGARA BERDASARKAN DENGAN PUTUSAN MAHKAMAH KONSTITUSI NOMOR : 012/PUU-I/2003 Andi Zaenal Arman
Journal of Law ( Jurnal Ilmu Hukum ) Vol 6, No 2 (2020)
Publisher : Universitas 17 Agustus 1945 Samarinda

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ABSTRACT That in this thesis, the researcher examines the Collective Labor Agreement (CLA) in which the Collective Labor Agreement (CLA) of PT. Bukit Baiduri Energi and Union Federation of Chemicals Labor, Energy and Mining (FSPKEP) and Board of Commissioners of the Indonesian Prosperous Labor Union (SBSI) period of 2016-2018. Is still put on articles that have been appointed by Constitutional Court (CC), stated that if the labor has conducted a heavy mistake (criminal act) in the workplace as is the provision of Article 158 of Labor Law Number: 13 of 2003, then with a particular condition (evidence of the worker/laborer caught red-handed, there is a confession or supports by at least 2 witnesses) the entrepreneur can commit unilateral Employment Termination (ET), without through establishment procedure of Industrial Relations Court (IRC). Constitutional Court (CC) with Decision number: 012/PUU-I/2003 has stated that Article 158 of Labor Law, does not have binding Legal Force because it is considered as contradicted to Article 27 paragraph (1) 1945 Constitution. After the decision of the Constitutional Court (CC), the entrepreneur can no longer commit Employment Termination (ET) before general court decisions have permanent legal force (Eintracht). In this research, the researcher discusses the Collective Labor Agreement (CLA) that is not compatible with the provision which is the Collective Labor Agreement (CLA) between PT. Bukit Baiduri Energi with Union Federation of Chemicals Labor, Energy and Mining (FSPKEP) and Board of Commissioners of the Indonesian Prosperous Labor Union (SBSI) period of 2016-2018, so that the author wants to find out the legal force and law consequences from the ratification of Collective Labor Agreement (CLA) between PT. Bukit Baiduri Energi with Union Federation of Chemicals Labor, Energy and Mining (FSPKEP) and Board of Commissioners of the Indonesian Prosperous Labor Union (SBSI) period of 2016-2018, where the results of Collective Labor Agreement (CLA) has no binding legal force because its ratification and the consequence is that the Collective Labor Agreement (CLA) is considered to have never existed because it is contradicted to the applicable Law.Keywords : Agreement, Work, Together

KEWENANGAN POLISI LALU LINTAS KOTA SAMARINDA MELAKUKAN RAZIA DI JALAN BEDASRKAN PERATURAN PEMERINTAH NOMOR 80 TAHUN 2012 Eka Safi’i Nuriyanto
Journal of Law ( Jurnal Ilmu Hukum ) Vol 6, No 1 (2019)
Publisher : Universitas 17 Agustus 1945 Samarinda

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ABSTRACTThe number of people who still cannot understand the role, the obligation of traffic police to do rajia, I chose the title "The Traffic Authority of Samarinda City Traffic Raiding on the Road Based on Government Regulation Number 80 of 2012" so that the public understands the authority of traffic police. Legal research conducted in this study Using the Normative Juridical approach is believed to be a decision analysis so that the expected results are obtained. Law enforcement officers (traffic police) act as deterrents and as actresses in political functions. In addition, the traffic police also carry out the regeling function (for example, regulation of the obligations for certain motorized vehicles to supplement with safety triangles) and functions specifically in the case of permits or beginstiging (for example, issuing a driver's license). Government Regulation No. 80 of 2012 concerning the inspection of motorized vehicles and the enforcement of traffic violations and road transport is the basis of the authority of traffic police to carry out raids on road vehicles and the role of the police as law enforcers. The role of the police in the context of law enforcement must be based on applicable rules and the code of ethics of the police themselves.Keywords: Traffic Police, Examination, Enforcement, Violations

PERIKATAN YANG DILAHIRKAN DARI SEBUAH PERJANJIAN BERDASARKAN PASAL 1332 KUHPERDATA TENTANG BARANG DAPAT MENJADI OBJEK PERJANJIAN Deny Fernatha
Journal of Law ( Jurnal Ilmu Hukum ) Vol 7, No 2 (2021)
Publisher : Universitas 17 Agustus 1945 Samarinda

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ABSTRACT Engagement is a legal relationship between two parties in the field of assets, where one party (creditor) has the right to achievement, and the other party (debtor) is obliged to fulfill the pertasi. According to article 1338 of the Civil Code that an agreement made legally, ie fulfilling the requirements of article 1320 of the Civil Code, applies as a law to those who make it, irrevocable without the agreement of both parties or due to sufficient reasons according to the law and must be carried out in good faith. the author is interested in raising this issue in a paper entitled. The Orientation About Commitments That Are Born From An Agreement Referring to Article 1332 of the Civil Code Regarding Goods may be the object of the Agreement. In this study, the type of research used is normative legal research or library research. An engagement can be born from an agreement and law. In other words, an agreement made can lead to an engagement for the parties that made the agreement. That objects traded in the public interest cannot be used as objects of the agreement. Authors' advice In any case, we are allowed to enter into agreements, but clearly, we must not contradict what has been contained in Article 1337 of the Civil Code that every object we promise is not may conflict with law, decency and public order. Keywords: Engagement, Material, and Agreement

TINJAUAN TERHADAP TINDAK PIDANA MEMILIKI KARTU TANDA PENDUDUK (KTP) GANDA BERDASARKAN UNDANG-UNDANG NO. 24 TAHUN 2013 TENTANG ADMINISTRASI KEPENDUDUKAN Reza Fahlevi
Journal of Law ( Jurnal Ilmu Hukum ) Vol 6, No 2 (2020)
Publisher : Universitas 17 Agustus 1945 Samarinda

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Abstract KTP is a population document that must be owned by every citizen. Population Documents are official documents issued by Implementing Agencies that have legal force as authentic evidence produced from the Population Registration and Civil Registration services.This study uses a type of normative legal research that is a legal research method carried out by examining mere literature or secondary data using the Law and Concept approach.The results of the study stated that the process of law enforcement against the owners of multiple ID cards according to law 24 of 2013 concerning population administration regarding changes to the law no. 23 of 2006 concerning population administration Every resident who intentionally registers as a family head or family member of more than one KK as referred to in Article 62 paragraph (1) or to have more than one KTP as referred to in Article 63 paragraph (6) is convicted of a maximum imprisonment of 2 (two) years and / or a maximum fine of Rp. 25,000,000.00 (twenty-five million rupiah). Efforts made by the Samarinda City Population and Civil Registry Office need to be appreciated, because in order to overcome these problems the agency maximizes the readiness of employees in serving residents with an average time of less than 10 minutes of registration for KTP-el registration can already be included in the data collection. Efforts to elucidate the KTP-el function are carried out on the community starting from PKK, RT, RW, Kelurahan, Kecamatan, and cooperation with other agencies in Samarinda city until cooperation with the Population and Civil Registry Office of Surabaya City is an activity to realize the optimal KTP-el function for the needs of the population Samarinda City.

PENERAPAN PAJAK PROGRESIF TERHADAP PEMILIK KENDARAAN BERMOTOR DITINJAU BERDASARKAN UNDANG-UNDANG NOMOR 28 TAHUN 2009 TENTANG KETENTUAN TARIF PAJAK PROGRESIF Nurul Akbar
Journal of Law ( Jurnal Ilmu Hukum ) Vol 7, No 1 (2020)
Publisher : Universitas 17 Agustus 1945 Samarinda

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ABSTRACT The tax is applied progressively on the ownership of private vehicles both two or more wheels or four or more wheels with the same name of the owner and/or residential address. Progressive taxes are imposed to provide the principle of fairness in tax imposition. Indirectly, the acquisition of this tax is used to improve transportation facilities and develop public transportation. In addition, this progressive policy is also aimed at curbing the growth rate of motor vehicle consumption. In carrying out regional autonomy, local governments have the right, authority, and obligation to take care of their own government or society specifically in implementing the Decentralization policy. The basis of the implementation of motor vehicle taxation is Law No. 28/2009 concerning regional taxes and regional user fees. To increase PAD (Regional Original Revenue), local governments must maximize their progressive tax collection policies for motor vehicle ownership. So it can be concluded 1). The application and implementation of Progressive Tax in Bandung are guided by Regional Regulation No. 13 of 2011 concerning Regional Taxes, effective on January 1, 2012, which also regulates the taxation of vehicle ownership by taxpayers of more than 1 (one) unit. Implementation of progressive fee collection on 4 (four) wheeled and 2 (two) wheeled motorized vehicles applies the calculation, namely: to ownership. First 1.75%, Second 2.25%, Third 3.75%, Fourth 3.25%, Fifth 3.75% Ownership of motor vehicles for the determination of progressive motor vehicle tax based on the same name and/or address. 2). Factors affecting the implementation of progressive taxes on motor vehicle owners are reviewed based on Act Number 28 of 2009 concerning Progressive Tax Rates: a). Service Quality, b). Tax Paying Awareness, c). Knowledge of Taxation Regulations, d). Understanding of Taxation Regulations e). Perception of the Effectiveness of the Taxation System f). Quality of Service Against Taxpayers, g). Willingness to pay taxes.Keywords: Progressive Tax, Tax Rates, Motorized Vehicles

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Journal Mail Official
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Kota samarinda,

Kalimantan timur

INDONESIA