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TINJAUAN YURIDIS TANGGUNG JAWAB LINGKUNGAN DAN SOSIAL PT MANDIRI PRIMA PASCA PENAMBANGAN BATU BARA Ihsan Sanjaya
Journal of Law ( Jurnal Ilmu Hukum ) Vol 7, No 1 (2020)
Publisher : Universitas 17 Agustus 1945 Samarinda

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ABSTRACT Mining is carried out solely for the development of the State and the welfare of the people as stated in article 33 paragraph (3) of the 1945 Constitution but in reality it is not like that mining companies only reap their own personal benefits without thinking about the surrounding environment that is still far from welfare If the Company does not implement that responsibility, then the company will get administrative sanctions up to the revocation of mining permits, this is the reason for the author to raise the title of juridical review if the company does not carry out environmental and social responsibility, the research method used is normative juridical, the form of contribution that is what a company does is with programs in several fields such as community empowerment, infrastructure improvement and development and environmental preservation. The Government in terms of Social and Environmental Responsibility (TJSL) or Community Development and Empowerment (PPM) has carried out law enforcement efforts as evidenced by the existence of relevant laws and regulations. Keywords: Responsibility, Mining and Company.

PERJANJIAN KERJASAMA ANTARA DEALER MOBIL PT. MAHAKAM BERLIAN SAMJAYA DENGAN PERUSAHAAN FINANCE PT. CLIPAN FINANCE SAMARINDA DALAM HAL JUAL BELI MOBIL Ferny Meirinda Lestari
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 determine the form of cooperation agreement and form of accountability of the parties in cooperation between dealers PT. Mahakam Berlian Samjaya with PT. Clipan Finance Samarinda. The results of the study show the form of a cooperation agreement between PT. Mahakam Berlian Samjaya with PT. Clip Finance Samarinda is a written agreement based on an agreement with the principle of freedom of contract, where both are entitled to freely determine the form and content of the agreement as stipulated in Article 1338 Paragraph(1) of the Civil Code. While the accountability of the parties has been clearly stated in the cooperation agreement, where Indomobile Finance is obliged to carry out analysis and verification that are deemed necessary and in accordancewith the operational standards for each application submitted by the dealer before finally being approved by PT. Clipan Finance Samarinda, where the rights and obligations of the dealer and the financing company have been in compliance with the rights and obligations of the business actor in the Consumer Protection Act.Keywords: cooperation agreements, car dealers, finance companies

PENEGAKAN HUKUM TINDAK PIDANA DALAM PASAL 310 UNDANG-UNDANG NOMOR 22 TAHUN 2009 OLEH PENYIDIK SATUAN LALU LINTAS POLRES KUTAI TIMUR Ahmad Abu Bakar
Journal of Law ( Jurnal Ilmu Hukum ) Vol 7, No 1 (2020)
Publisher : Universitas 17 Agustus 1945 Samarinda

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AbstractTraffic violations are a problem that often occurs on the highway. In cases of traffic violations, in general there is no element of intent, only the element of neglect. Due to his negligence or negligence, the actions of the traffic violation perpetrator can cause the victim to fall and can cause death to the victim Almost all accidents due to human factors are preceded by violations of traffic signs or regulations. The legal consequences due to the negligence of a person who commits a traffic violation causing an accident are clearly regulated in Article 310 of Law Number 22 of 2009. The process of investigating criminal acts of Article 310 of Law Number 22 of 2009 by Traffic Unit Investigators of the East Kutai Police, namely: (1) notifying units in the field to pursue, intercept and arrest, (2) search and collect information from victims and/or witnesses, (3) research the evidence at the TKP, (4) identify types of accidents traffic, (5) shooting crime scenes and evidence, (6) informing the Control Center for the Information and Communication System for Traffic and Road Transportation and operational units, (7) inspections at places thought to be used to change the identity of the vehicle and/or hiding the vehicle if the perpetrator runs away; (8) blocking Motorized STNK, and (9); submission of evidence to the forensic laboratory. Obstacles in the law enforcement process against Article 310 of Law Number 22 Year 2009 by the East Kutai Police Traffic Unit investigators, from: (1) internal factors, the limited number of Polri personnel, and the number of unsupportive facilities, and (2) external factors is the difficulty in determining and calling witnesses for questioning. Keywords: Crime, Investigators,Law Enforcement, Traffic

TINJAUAN TERHADAP TINDAK PIDANA PERAMPASAN BERDASARKAN PASAL 368 KUHP DI WILAYAH HUKUM KEPOLISIAN RESOR KOTA SAMARINDA Ageng Prabowo
Journal of Law ( Jurnal Ilmu Hukum ) Vol 6, No 1 (2019)
Publisher : Universitas 17 Agustus 1945 Samarinda

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ABSTRACTCrime of seizure is one of the most troubling social problems both with violence and with threats, so it needs to be prevented and known that the legal process applied in the crime of violence with the threat of violence and can cause a flaring effect and the number of cases of Deprivation can be reduced in society.The problems examined in this study are related to how the application of the material criminal law against criminal acts of deprivation according to article 368 of the Criminal Code, as well as the element of the material crime against article 368 of the Criminal Code can be fulfilled by the perpetrators. The purpose of this study is to know in-depth the reasons for the need for the application of material criminal law against criminal offenses according to article 368 of the Criminal Code and to find out whether the material criminal elements contained in Article 368 of the Criminal Code can be fulfilled by the perpetrators.Based on the results of the study, it was concluded that the application of criminal law against offenses deprivation and threats of violence against others, namely regulating theft, accompanied by violence/threats of violence carried out jointly, can be applied with article 368. That criminal acts as stipulated in Article 368 paragraph The Criminal Code concerning Deprivation with Threats must be proven by the actual surrender of part of the property or all of the property of another person to the contrary to his own will, due to violence or threats of violence. So that if these things can be met, the element of material crime in Article 368 of the Criminal Code can be fulfilled. Keywords: threatening, extortion. Robbery.

PELAYANAN KESEHATAN TERHADAP STANDAR MAKANAN NARAPIDANA DI TINJAU DARI UNDANG-UNDANG NOMOR 12 TAHUN 1995 TENTANG PEMASYARAKATAN Indah Lestari
Journal of Law ( Jurnal Ilmu Hukum ) Vol 7, No 2 (2021)
Publisher : Universitas 17 Agustus 1945 Samarinda

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ABSTRACTA prisoner as a person who is currently serving a sentence in a correctional facility does not mean that the prisoner loses all his rights as a human being or does not even get any rights while being a prisoner. Article 14 paragraph (1) Letter d of the Correctional Law, namely prisoners have the right to get health services and adequate food. Giving food that is not sufficient in quantity and quality can cause various health problems, including it can lead to malnutrition, so susceptible to disease, lack of motivation and apathy. The correctional facility must provide food with quality that meets health requirements. Food that meets health requirements or healthy food is food that is hygienic, nutritious, and sufficient.This research is included in normative legal research through a statutory approach and a conceptual approach. The data source used is secondary data consisting of primary, secondary and tertiary legal materials. The technique of collecting and processing legal materials is carried out by means of literature study, namely by looking for primary, secondary, and tertiary legal materials that are relevant to the research. The analysis of the legal materials used is that the legal materials will be collected then the legal materials are processed, then proceed with analyzing the legal materials by means of interpretive, legal reasoning, and argumentation.Based on the results of research and discussion, it is known that Health Services to Food Standards for Prisoners have met standards which are prisoners' rights that must be fulfilled by prisons in accordance with the applicable Law Number 12 of 1995 Concerning Corrections, as for food that meets standards, among others, namely food ingredients. which is processed does not exceed the expiration limit, where the food does not use substances that are harmful to the health of the food and the food served does not endanger health. It can be seen that the number of prisoners is 830 people and it is related to food service which in reality is 3 times a day and 2 times a day. Rights for Prisoners The implementation of this fulfillment, of course, the prison authorities still experience significant obstacles due to several factors that cannot be denied from the correctional ranks, namely what if it happens and what can no longer be avoided if the constraints in question are: 1. related to the delay delivery of food ingredients 2. foodstuffs run out before time 3. limited supply of water. This is an obstacle that is not desired by all parties in the ranks of prisons both in the implementation of health services and the provision of proper food for prisoners.Keywords: Health Services, Prisoners, Correctional Institution

UPAYA DITRESNARKOBA POLDA KALTIM DIDALAM MENANGGULANGI PEREDARAN DAN PENYALAHGUNAAN NARKOBA DIKALANGAN PELAJAR I Nyoman Suantara
Journal of Law ( Jurnal Ilmu Hukum ) Vol 5, No 2 (2019)
Publisher : Universitas 17 Agustus 1945 Samarinda

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ABSTRACT The problem of drug abuse in Indonesia now is very alarming. This is due to several things, among others, because Indonesia is located in a position between three continents, and given the development of science and technology, the influence of globalization, highly developed transportation flows and shifting of materialistic values with the dynamics of illicit trafficking targets. Indonesian society and even the world community, in general, are currently facing a very alarming situation due to the rampant illegal use of various types of drugs. This concern is heightened due to the rampant drug trafficking which has spread in all walks of life, including among the younger generation. This will greatly affect the life of the nation and state in the future. NAPZA (Narcotics, Psychotropics, and addictive substances) is a drug or material that is useful in the fields of medicine, health services, and scientific development, and on the other hand can cause very detrimental dependencies if used without control, strict and careful supervision. Drug abuse is a form of community ignorance that is a reflection of the weakness of human nature, such as in Indonesian society where many people do not understand the dangers of drug abuse. Even more alarming is that Indonesia is not only an illegal drug marketing area but also a drug-producing area. The majority of victims of drug abuse are aged 15-20 years, ages who are supposed to be actively doing constructive activities, very productive ages. Based on the background description of the problem above, there are 2 problems (1) What is the effort of the East Kalimantan Regional Police Directorate of Narcotics in Addressing Circulation and Drug Abuse Among Students? (2) What are the obstacles faced by the East Kalimantan Regional Police Directorate of Narcotics in Addressing Circulation and Drug Abuse Among Students? So it can be concluded (1) The implementation of the East Kalimantan Regional Police countermeasures through preventive and repressive measures. Preventive action is carried out through campaigns, outreach, counseling, approaches with families, and so forth. These efforts are a form of prevention carried out institutionally or in collaboration with community participation. Campaigns, outreach, and outreach are priorities for the police so that repressive actions can be minimized. (2) Broadly speaking, the obstacles taken by the police occur in the limited human resources of infrastructure and communication interruptions. Dismissal of information from the public as a reporter also becomes an obstacle in efforts to tackle drug abuse among adolescents, it is necessary to provide further information to the public at large about the dangers of drugs and there is an encouragement for the public to dare to report in order to protect the nation's generation so that it does not fall further in drug abuse. Keywords: Drugs, Abuse, Countermeasures

PENUNJUKAN PENASEHAT HUKUM TERHADAP ANAK DI BAWAH UMUR OLEH PENYIDIK DALAM PROSES PENYIDIKAN DI KEPOLISIAN SEKTOR SAMARINDA KOTA Eka Ramadhani Anantha
Journal of Law ( Jurnal Ilmu Hukum ) Vol 6, No 1 (2019)
Publisher : Universitas 17 Agustus 1945 Samarinda

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AbstractIndonesia is a nation of laws and manages underage’s law as well. It written on Republic Indonesia Act No 11, 2012 about Underage Judicature System, it talks about the principles of protection, justice, non-discrimination, prime need, recognition of children opinion, life continuance, child growth, child mentoring, proposionality, deprivation of independency, being convicted as the last efort, and reprisal avoidance .This research showed in Samarinda City Police Department, legal counsel appointee by investigator toward underage investigation process in Samarinda Police Department is underage children (juvenile) who are dealing with legal issues have rights to receive legal assistance as to be accompanied by legal counsel according to Child Protection Act No 23 Section 17 article 2, 2002.This research also got the legal assistance pattern of underage who is dealing with legal issues in criminal laws. The underage is going to get investigation by the investigator. On dealing with juvenile deliquency, The police who has the duty as the juvenile investigator in Women and Child Protection Unit in Samarinda Police Department will receive a decree by the Samarinda Police Chief. The juvenile investigator must have interest, concern, dedication, and know the most problem a children might face by give them mentoring, child growth knowledge, ordinances and society value knowledge. Keywords: Underage, Investigator, Investigation

TINJAUAN YURIDIS TINDAK PIDANA ABORSI YANG DILAKUKAN ANAK DIBAWAH UMUR Nuralisyah Nuralisyah
Journal of Law ( Jurnal Ilmu Hukum ) Vol 7, No 2 (2021)
Publisher : Universitas 17 Agustus 1945 Samarinda

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ABSTRACTAbortion is a threat or release of the product of conception before the fetus can live outside the womb and as a limitation is used for pregnancies of less than 20 weeks or fetal weight less than 500 grams. The development of the era of globalization has made the moral values that exist in society less and less free so that it violates the boundaries of moral and religious values. Currently, the crime of Abortion is evidence of the increasing importance of free sex among young women, especially underage children in the jurisdiction of the city resort police. Samarinda. Regarding abortion, the problem in this study is how the methods of law enforcement and efforts to overcome and reduce abortion crimes committed by minors by the Samarinda City Resort Police. This research method uses empirical legal research, namely research with field data as the main data source such as interviews. The conclusion obtained is that the police carry out law enforcement methods on abortion carried out by minors by using applicable rules such as Law No. 11 of 2012 concerning the Criminal Justice System for Children and Law Number 36 of 2009 concerning Health. To overcome or reduce the crime of Abortion by means of Preventive Efforts and Repressive Efforts.

PENERAPAN HUKUM TERHADAP AHLI WARIS PENGGANTI BERDASARKAN HUKUM ISLAM DI SAMARINDA Chairil Anwar
Journal of Law ( Jurnal Ilmu Hukum ) Vol 6, No 2 (2020)
Publisher : Universitas 17 Agustus 1945 Samarinda

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ABSTRACT This thesis is the result of a study entitled “Application Of Law Against Substitute Heirs Based on Islamic Law in Samarinda”. This study aims to address the following issues: (1) How is the application of the law to substitute heirs based on Islamic law (2) What are the reasons underlying the enactment of the successor heirs. This type of research is a legal research with normative juridical approach method, namely legal research conducted by prioritizing examining library materials or document called secondary data, in the from of primer, and secondary legal materials. The research specification is descriptive, which aims to provide and overview carried out using qualitative methods from legal theories and legal doctrines and the opinions of Islamic legal expert. The results of the research carried out it can be concluded that based on article 185 of the compilation of Islamic law that the replacement of heirs can occur in the straight down line or a straight line to the side, whit a portion no larger than the heirs he replaced. A surrogate heirs occur when the heirs has passed away first from an heirs, and must have a legitimate nasab ( offspring ) with the testator. Keywords : Islamic Inheritance law, Civil Code Inheritance Law, Subsitusite Heirs.

IMPLEMENTASI PERATURAN WALI KOTA SAMARINDA NOMOR 51 TAHUN 2012 TENTANG KAWASAN TANPA ROKOK (KTR) PADA SEKOLAH MENENGAH PERTAMA (SMP) DI SAMARINDA Rafika Febi Rivalda
Journal of Law ( Jurnal Ilmu Hukum ) Vol 7, No 1 (2020)
Publisher : Universitas 17 Agustus 1945 Samarinda

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AbstractAs a follow-up, the Minister of Education issued the Republic of Indonesia Minister of Education Regulation No. 64 the Year 2015 concerning No-Smoking Areas in School Environments related to No-Smoking Areas (KTR). The non-smoking area aims to create a clean, healthy, and smoke-free school environment. Therefore, the prohibition of smoking in educational areas is one of the efforts to avoid the presence of minors who smoke. In addition to the students not smoking in the education area, this is also done so that the teachers give a good example to their students.The type of research the author uses is empirical juridical research, that is empirical juridical research, or so-called field research that examines applicable legal provisions and what happens in reality in society.The results of the study stated that the implementation of law enforcement areas without smoking in Samarinda City has not been effective. This is based on the results of a survey conducted by the Samarinda City Health Office that only 30% of the community complied while 70% of the community did not comply with the No Smoking Area. For the effectiveness of the No-Smoking Zone, a preventive effort is carried out, namely socialization, coordination, guidance, and provision of guidelines, as well as monitoring and evaluation and repressive efforts, namely by conducting spot checks and the imposition of sanctions for violators without smoking areas. The obstacles encountered by the government in law enforcement in the No Smoking Area in Samarinda City are affected by legal factors, factors of law enforcement officials, supporting facilities or facilities, community factors, and cultural factors.Keywords: Regions, Schools, Cigarettes

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Journal Mail Official
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Location
Kota samarinda,

Kalimantan timur

INDONESIA