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<![CDATA[KEDUDUKAN HAK ATAS AHLI WARIS ANAK KANDUNG NON MUSLIM DI INDONESIA DALAM PERSPEKTIF HUKUM ISLAM ]]>
<![CDATA[Agus Purnomo]]>
<![CDATA[ Journal of Law ( Jurnal Ilmu Hukum ) Vol 6, No 1 (2019) ]]>
Publisher : <![CDATA[Universitas 17 Agustus 1945 Samarinda ]]>
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<![CDATA[ABSTRACTOne of the issues of inheritance which is still being debated is, heirs of different religions, both between Muslims (as heirs) and non-Muslims (as heirs) or vice versa. This is considering life in the present, especially as Indonesia as a heterogeneous nation (diverse) has increasingly developed and complex, where marriages of different religions or "phenomena" of converting to a family are increasingly widespread, so this will have very real implications. and serious when faced with inheritance issues.In examining the problem of inheritance distribution in this study specifically for non-Muslim biological children who will be studied comprehensively through normative juridical research that is Library Research is research with data sources derived from literature literature.The result of this study is the position of heirs of non-Muslim biological children in Islamic Law and Islamic Law Compilation, which is not yet explicitly regulating the division of inheritance of different religions, but the hadith and majority of scholars agree that there is no inheritance part for heirs of different religions. Then what about the obligatory testament itself in Islamic law, evidently in the law Islamic law does not know about the testamentary obligatory but only knows about the will or grant, about the obligatory testament governed in the Compilation of Islamic Law but only limited to adopted children and adoptive parents for it as a way out of this problem the Supreme Court through its ruling gave a mandatory will for non-Muslim heirs as a solution to this problem. Keywords: Natural Child Heirs, Religious Differences, Mandatory Wills]]>
<![CDATA[TINJAUAN YURIDIS MENGENAI PERMOHONAN PAILIT PERUSAHAAN BADAN USAHA MILIK NEGARA YANG BERBENTUK PERSEROAN TERBATAS ]]>
<![CDATA[Julivia Nur Prisintyas]]>
<![CDATA[ Journal of Law ( Jurnal Ilmu Hukum ) Vol 7, No 2 (2021) ]]>
Publisher : <![CDATA[Universitas 17 Agustus 1945 Samarinda ]]>
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<![CDATA[ABSTRACT UUK and PKPU have regulated BUMN bankruptcy, but this is still limited to BUMN that are engaged in the public interest. The definition of a BUMN engaged in the public interest is almost the same as the definition of a Public Corporation. Apart from this, BUMN Persero is very different from Perum. BUMN Persero as stated in Article 1 point 2, is a BUMN in the form of a Limited Liability Company whose capital is divided into shares wholly or at least 51% of its shares are owned by the state whose main objective is to pursue profit. The formulation of the problem in this thesis is, what is the juridical basis related to the application for bankruptcy against a BUMN company in the form of a Limited Liability Company and what are the legal consequences if a BUMN company in the form of a Limited Liability Company goes bankrupt. The research method that I use is a normative juridical research. The results show that if the BUMN is in the form of a Persero, it does not have to be the Minister of Finance who applies for bankruptcy but it can be by the debtor himself or his creditors as stipulated in Article 2 Paragraph (1) UUK and PKPU. The legal consequence arising from bankruptcy is that the debtor loses the right to control his assets, but the legal actions in the civil sector do not stop. Keywords: Bankruptcy, State-Owned Enterprises, Limited Company]]>
<![CDATA[KEWENANGAN PETUGAS DINAS PERHUBUNGAN DALAM PENEGAKAN HUKUM KENDARAAN ANGKUTAN BARANG DI KOTA SAMARINDA ]]>
<![CDATA[Nur Fauzia]]>
<![CDATA[ Journal of Law ( Jurnal Ilmu Hukum ) Vol 6, No 2 (2020) ]]>
Publisher : <![CDATA[Universitas 17 Agustus 1945 Samarinda ]]>
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<![CDATA[ABSTRACT This study aims to determine the authority of the Department of Transportation officials in law enforcement of freight transportation vehicles in Samarinda City and to determine the obstacles faced by the Transportation office in enforcing the law of transportation of goods in Samarinda City. This research method is a type of normative legal writing. Source of legal materials are obtained from secondary legal materials, sources of primary legal materials, and non-legal materials. The type of research used is normative or doctrinal legal research which is also referred to as library research or document study because this research is carried out or aimed at written regulations or other legal materials. With the statutory research approach and the conceptual approach, the approach is carried out by examining all the laws and regulations that are relevant to the legal issues being addressed.The result of the study showed that the authority of the Transportation Service Officers in enforcing the legal transport of goods in Samarinda City was in accordance with the Traffic and Road Transportation law, with technical regulations being Government Regulations Number 80 of 2012 concerning Procedures for Inspecting Motorized Vehicles on the Road and Enforcement of Past Violations Road Traffic and Transportation. The obstacle faced by the Department of Transportation officials in enforcing the law of freight vehicles in Samarinda City is that it still often occurs in the field with a lack of understanding of the rules that apply to the performance of each agency (the Department of Transportation with the National Police). To take action even though in general it has been regulated in Government Regulation Number 80 of 2012. Keywords : Authority; Department of Transportation; Law Enforcement; Goods Transportation]]>
<![CDATA[TANGGUNG JAWAB PELAKU USAHA TERHADAP KONSUMEN MAKANAN INSTAN KADALUWARSA DI PASAR TRADISIONAL KOTA SAMARINDA ]]>
<![CDATA[Lady Chintya Ramadhani]]>
<![CDATA[ Journal of Law ( Jurnal Ilmu Hukum ) Vol 7, No 1 (2020) ]]>
Publisher : <![CDATA[Universitas 17 Agustus 1945 Samarinda ]]>
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<![CDATA[ABSTRACTMany business people are competing to issue instant food products in the community because instant food is one of the fast and simple food products that can be practically consumed by the public. This makes business people forget to present the best quality to consumers. Business actors only fulfill the number of goods produced not with good quality.This study is empirical normative law research that is a form of research based on or sourced from literature such as books, documents, legislation, and scientific works related to the title and main problems in this writing. The research procedures used are Library Studies, Field Studies, and Data Processing. Then analyzed qualitatively. From the results of the research that has been conducted and analyzed, the Acting Responsibilities of Business Expenditures for Instant Food Products Circulating in the Traditional Market of Samarinda City Based on Act Number 8 of 1999 concerning Consumer Protection, namely business actors are obliged / responsible to guarantee the quality of goods produced / traded (providing information clear / correct conditions and guarantees of goods), Rights of Expired Instant Food Consumers Circulating in Traditional Markets in a Safeguard to compensate for losses not only caused by unlawful acts, but may be caused by negligence or negligence and carried out by himself or people who are under his supervision, and Law Enforcement and the Role and Responsibility of the Food and Drug Supervisory Agency (BPOM) on Expired Instant Food Products in Kota Samarinda Food Drug Monitoring System (SisP OM) which is effective and efficient that is able to detect, prevent and supervise Products including to protect the safety, safety and health of consumers. Keywords: Products, Food and Expiration]]>
<![CDATA[TINJAUAN HUKUM AKTA PENGANGKATAN ANAK BERDASARKAN DINAS KEPENDUDUKAN DAN CATATAN SIPIL KOTA SAMARINDA ]]>
<![CDATA[Rima Devina]]>
<![CDATA[ Journal of Law ( Jurnal Ilmu Hukum ) Vol 7, No 1 (2020) ]]>
Publisher : <![CDATA[Universitas 17 Agustus 1945 Samarinda ]]>
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<![CDATA[ABSTRACT Pregnant women are married to a woman who is pregnant out of wedlock, whether married to a man who impregnates her or by a man who does not impregnate her. Therefore, the problem of marrying a pregnant woman requires careful and prudent attention, especially by a marriage registrar employee. This is meant by the existence of a social phenomenon regarding the lack of awareness of the Muslim community towards the moral, religious and ethical principles of the occurrence of a man who does not impregnate him but he marries him.In Law No. 1 of 1974 no one regulates guardianship of children due to the marriage of pregnant women. Therefore the provisions of guardianship according to Law No. 1 In 1974 while the child was born in a marriage that was deemed valid by the state, his guardianship was with the two legitimate parents. Because in Law No. 1 of 1974 does not regulate the distribution of inheritance rights, but if the child is considered legal according to Law No. 1 Year 1974 automatically the child gets inheritance from the lineage of his father and mother.]]>
<![CDATA[TINJAUAN TERHADAP RATIO DECIDENDI HAKIM PENGADILAN HUBUNGAN INDUSTRIAL PADA PENGADILAN NEGERI SAMARINDA DALAM PERKARA PEMUTUSAN HUBUNGAN KERJA BURUH PT.SIMS JAYA KALTIM DI KABUPATEN PASER ]]>
<![CDATA[Neneng Herawati]]>
<![CDATA[ Journal of Law ( Jurnal Ilmu Hukum ) Vol 7, No 1 (2020) ]]>
Publisher : <![CDATA[Universitas 17 Agustus 1945 Samarinda ]]>
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<![CDATA[ABSTRACT Termination of Employment is a type of industrial relations dispute regulated in Act Number 13 of 2003 and Act Number 2 of 2004. Termination of Employment occurs when there are violations committed by workers in the Labor Law, Collective Labor Agreement, and Regulations Company. Or conversely there is also termination of employment done by companies against their workers. Termination of employment in this case was filed by the company on the grounds of inviting or influencing others to strike. . In the trial both based on the evidence and witnesses the reasons for the lawsuit were not proven, but even though based on the evidence and witnesses were not proven, the Panel of Judges granted the Plaintiff's claim by stating that the employment relationship between the Plaintiff and Defendant was terminated on the grounds that the employment relationship was not harmonious.This type of research used in this paper the author uses normative juridical research methods, namely "legal research conducted by examining library material or secondary data as a basic material to be investigated by conducting a search of the regulations and literature relating to the problem under study ". After the author conducted the research there are the following results: that the judge in deciding this case was not based on the principle of evidence contained in the trial but the panel of judges decided the case based on legal considerations based on considerations between the plaintiff and the defendant not in harmony even though the reason for termination of employment based on employment relations that are not harmonious, not regulated in Law Number 13 of 2003, concerning employment or in Act Number 2 of 2004, settlement of industrial relations disputesKeywords: Decidendi Ratio, Industrial Relations, Labor.]]>
<![CDATA[PERLINDUNGAN KONSUMEN TERHADAP PEREDARAN OBAT TRADISIONAL BERBAHAN KIMIA DI KOTA SAMARINDA DITINJAU DARI UNDANG-UNDANG NOMOR 8 TAHUN 1999 TENTANG PERLINDUNGAN KONSUMEN ]]>
<![CDATA[Dezry Erzania Savira]]>
<![CDATA[ Journal of Law ( Jurnal Ilmu Hukum ) Vol 7, No 1 (2020) ]]>
Publisher : <![CDATA[Universitas 17 Agustus 1945 Samarinda ]]>
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<![CDATA[Abstract Consumer protection is not only an individual problem, but it’s actually a common problem and national problem because basically everyone is a consumer. Meanwhile, protecting consumers is a matter of national law as well. Basically, talking about legal protection to consumers means we also talk about justice for everyone. In this modern era free trade tends to result in circulating goods and services that do not necessarily guarantee the security, safety and health of consumers. This condition is due to the condition of consumers who are on the weak side in dealing with business actors. This is because the level of consumer awareness and knowledge is still very low. One such business actor is a traditional drug manufacturer which neglects the health of consumers from the products they produce by adding chemicals that can be seen with the absence of a permit from BPOM. The purpose of this study is to determine the legal protection obtained by consumers against the circulation of traditional medicines made from chemicals and to determine the role of the Food and Drug Supervisory Agency to protect consumers against the circulation of traditional medicines made from chemicals in Samarinda City. This study uses empirical normative research methods with the problem approach used in this study is the statutory approach (statue approach) is a research that prioritizes legal material in the form of legislation as a basic reference in conducting research. Based on the results of the research it can be seen that the legal protection for consumers against the circulation of traditional medicines made from chemicals can be seen from article 4 of the Constitutuion Consumer Protection act states that Consumers are entitled to the right to comfort, security and safety, and the right to obtain correct, clear information, and be honest about the conditions and guarantees of goods and / or services. The role of BPOM to protect consumers against the circulation of traditional medicines made from chemicals is that BPOM has the right to withdraw traditional medicines made from chemicals from marketing and business operators may be subjected to administrative sanctions.Keywords : costumer protection, traditional medicine, and BPOM. ]]>
<![CDATA[TINJAUAN YURIDIS TERHADAP TINDAKAN HAKIM DALAM MENILAI KEKUATAN ALAT BUKTI KETERANGAN SAKSI YANG BERBEDA ANTARA DIDEPAN PENYIDIK DENGAN DI PERSIDANGAN ]]>
<![CDATA[Hilman Nurrachman]]>
<![CDATA[ Journal of Law ( Jurnal Ilmu Hukum ) Vol 6, No 1 (2019) ]]>
Publisher : <![CDATA[Universitas 17 Agustus 1945 Samarinda ]]>
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<![CDATA[ABSTRACTThe community is appropriate and useful by determining what is required or permissible and vice versa. Acts that are in accordance with the law are not a problem and need not be questioned, the problem is the act that is against the law so that all forms of crime can be resolved as fairly as possible, and with the existence of the law is also expected to avoid the occurrence of violations that can be done by the public or law enforcement itself.This study uses normative legal research, which is a legal research method carried out by examining mere lirature or secondary data. The research procedure used is the research of collecting legal material that will be used in this research is the study of literature that is collecting data by reading legislation, official documents, and literature that are closely related to the issues discussed.The results of the study explained that the judge's actions in assessing the strength of the evidence of witness testimony were different between in front of the investigator and at the trial namely by the judge asking the reason for the witness giving different information, the judge then asked for witnesses to be verbally presented.The judge can remind the witness that if the statement submitted is not true then the witness can be convicted for providing false testimony/oath and criteria for evidence of witness testimony that is judged to be valid by the judge. evidence, that is, witness statements deemed valid are witness statements given under oath Keywords: Evidence and Witnesses]]>
<![CDATA[PERLINDUNGAN HUKUM TERHADAP ISTRI KEDUA YANG DI POLIGAMI TANPA IZIN ISTRI PERTAMA ]]>
<![CDATA[Nur Indah Sari]]>
<![CDATA[ Journal of Law ( Jurnal Ilmu Hukum ) Vol 7, No 2 (2021) ]]>
Publisher : <![CDATA[Universitas 17 Agustus 1945 Samarinda ]]>
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<![CDATA[ABSTRACTHusband and wife are a core part of the family where their relationship reflects how one human being with another human being of different sexes unites to form a unity to sustain life and create offspring in accordance with the ideals of the Indonesian people. But in the life of the community, it often happens that husbands who are polygamous or have more than one wife, therefore often result in neglect of child custody. But sometimes there is a husband who has polygamy or has more than one wife does not submit an application to the Court in the area where he lives. Based on]]>
<![CDATA[TINJAUAN YURIDIS TERHADAP OBJEK TANAH TERLANTAR ATAS HAK GUNA USAHA (HGU) PERKEBUNAN DI KABUPATEN KUTAI TIMUR ]]>
<![CDATA[Siti Nurmaya Sari]]>
<![CDATA[ Journal of Law ( Jurnal Ilmu Hukum ) Vol 6, No 1 (2019) ]]>
Publisher : <![CDATA[Universitas 17 Agustus 1945 Samarinda ]]>
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<![CDATA[ABSTRACT This study aims to find out the neglected land designation for plantation use rights in East Kutai Regency and to find out the legal consequences of the determination of the abandoned land object.This research is a type of empirical juridical legal research. Data collection is done by asking for data and interview methods. This research was conducted at the Regional office of the National Land Agency of the Province of East Kalimantan Based on the research result obtained from this paper, it can be concluded that: 1) Determination of abandoned land objects in East Kutai district based on cultivation Rights is carried out by means of, among others, inventory, identification and research of abandoned land and giving a warning to be designated as abandoned land by the head the republic of Indonesia Land Agency which has not yet been realized 2) At PT Sumber Kharisma Persada has not had any legal consequences because there has been no response or response from the BPN of the republic of Indonesia, if referring to Article 9 paragraph (2) and paragraph (3) PP No. 11 of 2010 concerning Control and utilization of Neglected Land, PT SumberKharismaPersada will get legal consequences, namely the termination of the relationship between the subject of the rights holders and land objects, then the land will be re-controlled by the state. Land indicated as abandoned must be regulated according to government Regulation No. 11 of 2010 concerning control and utilization of neglected land. Keywords : Abandoned Land Object, Cultivation Right]]>
