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PERLINDUNGAN HUKUM BAGI ANAK YANG LAHIR DARI PERKAWINAN SEDARAH (INCEST) Mega Suryaningati
Journal of Law ( Jurnal Ilmu Hukum ) Vol 6, No 1 (2019)
Publisher : Universitas 17 Agustus 1945 Samarinda

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ABSTRACTSocially incest marriage is often found in the community, this is evidenced by the many reports in the media such as electronics, print media, and online articles. Based on the above reality, it is fitting to have a deeper discussion in analyzing the position of children resulting from incest marriages in the Indonesian Civil Law and Marriage Law to determine the extent of the status of the child and the inheritance problem of a child born because of incest marriages before the law in force in this country.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 granting of protection to children in civil law regulates the rights of their citizens. Children are like adults as members of society, children also get rights. However, children cannot protect their rights like adults, therefore adult assistance is needed to take care of their rights. Therefore child protection is very important. Status or Position of Children of Incest according to the Indonesian Criminal Code, Marriage Law and Compilation of Islamic Law are as follows: According to Indonesian marriage law, namely Marriage Law, Islamic Law Compilation or KUHPdt, the status or position of children has divided into two namely legal children and illegitimate children Discordant children are children of fathers and mothers who cannot be married because of the close family ties between father and mother. Such children, by article 867 K UH Civil, have no right at all to inheritance from their parents and as much as possible only get enough income to live (het nodige / evensonderhoud). the article was reinforced by article 283 of the Civil Code which prohibits the recognition of such children Keywords: Legal protection, Marriage, Incest

EFEKTIVITAS DINAS TENAGA KERJA KOTA SAMARINDA SEBAGAI MEDIATOR DALAM PENYELESAIAN PERSELISIHAN HUBUNGAN Fidelius Pakalla
Journal of Law ( Jurnal Ilmu Hukum ) Vol 6, No 2 (2020)
Publisher : Universitas 17 Agustus 1945 Samarinda

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AbstractThe importance of mediation as an alternative dispute resolution outside the court, as well as the ancestral culture of the Indonesian people who always prioritize deliberation at each problem solving for consensus. The research method used in writing this thesis is a normative juridical method and empirical juridical. The writing of this thesis refers to the theory of organizational effectiveness and based on the mediation mechanism regulated in Law No. 2 of 2004 concerning Industrial Relations Dispute Resolution and Minister of Manpower and Transmigration Regulation Number 17 of 2014 concerning Appointment and Dismissal of Industrial Relations Mediators and Mediation Work Procedures. The results of the research and discussion in this paper indicate that the Samarinda City Manpower Office as a mediator has been quite effective in resolving industrial relations disputes. This can be seen from the data in the form of a table of results on the industrial relations dispute resolution especially in 2017 and 2018 layoff disputes where 72 cases can be resolved peacefully and reach agreement through collective agreements, while the cases completed with written recommendations are 39 cases . This opinion was also strengthened through the results of interviews with writers and several mediators who had sufficient experiences in carrying out their duties based on effective labor law and pre-supporting facilities. The obstacle for the Samarinda City Manpower Service mediator in resolving industrial relations disputes is the lack of clarity of information from inter-personal or one of the parties to the dispute, the difficulty of presenting inter-personal or one party to mediation, especially entrepreneurs who do not have a representative office in Samarinda City, completeness of data from the parties, indifferent attitude of some employers to labor legislation, and the involvement of other interested parties.

PERLINDUNGAN HUKUM BAGI KONSUMEN TERHADAP PRODUK KOSMETIK YANG MENGANDUNG BAHAN BERBAHAYA Vini Alvionita
Journal of Law ( Jurnal Ilmu Hukum ) Vol 7, No 2 (2021)
Publisher : Universitas 17 Agustus 1945 Samarinda

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ABSTRACT Trading in a free era is now a lot of cosmetics on the market and through social media with various types of brands. A woman's desire to always look beautiful is widely utilized by irresponsible businesses by producing or trading cosmetics that do not meet the requirements or that contain harmf ingredients to distributed to the public. Most wome are very interested in buying kosemetik products at low prices and the results are quickly visible. Many loss are caused by the circulation of cosmetic products face whitening but this danger is not realized by women. The government invited Law No. 8 of 1999 on Consumer Protection to be fully protected and protected consumer rights. This paper aims to know the legal protection for consumers against products containing hazardous materials and to know the legal sanctions against kosetic businesses containing materials containing hazardous materials. This research method uses NormativeEmpirical. This method of empirical normative law research is basically a merger between normative legal approaches with the addition of various empirical elements. Based on the results of the study explained that legal protection for consumers against cosmetic products containing harmful ingredients is still found in the city of Samarinda that are still circulating and sold by manufacturers and businesses that are not responsible as stipulated in Law No. 8 of 1999 on Consumer Protection. Producers and businesses that do not meet the requirements in producing the sale of an item will be subject to criminal sanctions Article 169 for a maximum of 10 (ten) years and a maximum fine of Rp 1,000,000,000.00 (one billion rupiahs) and Article 19 7 with the threat of until 15 (fifteen) years and a maximum fine of Rp 1,500,000,000.00 (one billion five hundred million rupiahs) which has been regulated in Law No. 36 of 2009 concerning Health.Keywords: Consumer Protection, Dangerous Cosmetics

KAJIAN HUKUM TERHADAP KETERLAMBATAN PELAPORAN PAJAK MASA PAJAK PERTAMBAHAN NILAI DITINJAU DARI UNDANG-UNDANG NOMOR 42 TAHUN 2009 TENTANG PAJAK PERTAMBAHAN NILAI DAN PAJAK PENJUALAN ATAS BARANG MEWAH Bayu Indra Saputra
Journal of Law ( Jurnal Ilmu Hukum ) Vol 6, No 2 (2020)
Publisher : Universitas 17 Agustus 1945 Samarinda

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ABSTRACTTax is a compulsory contribution by the state that can be imposed, which aims at public expenditures related to the state's task of administering government. Not only are taxpayers obligated to pay dues or taxable entrepreneurs are also obliged to provide correct and timely tax returns in submitting the tax report. But the tax reporting process, there are still many taxable entrepreneurs who are negligent or late in submitting the report. The problem raised in this paper is how the mechanism for reporting Value Added Tax on Value Added Tax and Sales Tax on Luxury Goods and How Sanctions against taxpayers who are late in reporting the Value Added Tax period. The type of research used is normative juridical research, library research with the problem approach used in writing this thesis is the statutory approach. The results of the research show that the mechanism of reporting the value added tax that has been made by the government is quite easy to do by taxpayers, especially taxable entrepreneurs. Then the application of sanctions for taxable entrepreneurs who are late to report value added tax is subject to sanctions in the form of administrative sanctions that are still quite mild.

PERTANGGUNGJAWABAN PENYITAAN OLEH SATUAN POLISI PAMONG PRAJA DALAM PELAKSANAAN RAZIA PENERTIBAN PEDAGANG KAKI LIMA DI KOTA SAMARINDA Risky Sektiadi
Journal of Law ( Jurnal Ilmu Hukum ) Vol 7, No 1 (2020)
Publisher : Universitas 17 Agustus 1945 Samarinda

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ABSTRACTStreet vendors (STREET VENDORS) is one of the perpetrators of the economic populist who is engaged in the informal sector trade efforts. The term five-foot stems from Netherlands colonial occupation where sidewalk width 150 cm or "five feet" so that the nickname. The rules regarding trading activity for the street vendors are already socialized. But street vendors being unconcerned and choose to trade in such a crowded place on the sidewalk, curb, on bridges, and other public facilities. So bring an impact on hygiene, facilities, and infrastructure, disruption of pedestrian and traffic flow, especially in the market town of Samarinda. This study raised the issue of reform and a barrier to action against sellers who trade what is prohibited in the city of Samarinda on the basis of the decision of the Mayor of number 19 the year 2001. . Research methods used in the writing of this thesis is the juridical sociological legal research that is being done to look at and examine how a real implementation rules. Data sourced from observations, interviews, a review of the literature, mass media, and other sources of support for research compilers. The results showed that action against street vendors based on the decision of the Mayor of number 19 the Year 2001 carried out according to the procedures or rules in force, be it from markets or Police Department of teachers ' Praja Samarinda. Keywords: Control, Forclosure, Street vendors

AKIBAT HUKUM TERHADAP MASYARAKAT YANG TIDAK MELAKUKAN PHYSICAL DISTANCING DALAM PENANGGULANGAN PENYEBARAN VIRUS CORONA Syaiful Arif
Journal of Law ( Jurnal Ilmu Hukum ) Vol 7, No 1 (2020)
Publisher : Universitas 17 Agustus 1945 Samarinda

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AbstractThe spread of the Coronavirus in Indonesiahas become a national di-saster. The government is trying to overcome it by issuing a physical distancing policy. Physical distancing is a form of health quarantine, which is carried out by each individual to keep a distance between one another. However, the policy was not implemented properly due to lack of community legal awareness, so that those who violated the sanctions could be subjected. The regulation of physical dis-tancing as an effort to prevent the spread of the Corona virus in positive law in Indonesia is regulated in Article 9 of Law Number 6 Year 2018, which states that the obligation for each to comply with the implementation of health quarantine and participate in the administration health quarantine. The legal consequences for people who do not carry out physical distancing as an effort to prevent the spread of the Coronavirus in Indonesia are criminal sanctions in the form of imprisonment and/or criminal fines (Article 93 of Law Number 6 Year 2018), and if done or ordered by the controlling personnel corporation or corporate management, the penalty imposed is maximum imprisonment and maximum fine, each added with a weighting penalty of 2/3 (two-thirds), and the principal criminal imposed on the corporation is a maximum fine plus an offense of 2/3 (Article 94 of Law Number 6 the Year 2018). Keywords: Corona Virus, Legal Effects, Physical Distancing

KAJIAN HUKUM TENTANG PAJAK HOTEL DI KOTA SAMARINDA DI TINJAU DARI PERATURAN DAERAH KOTA SAMARINDA NOMOR 4 TAHUN 2011 TENTANG PAJAK DAERAH Taufik Indra Yoeshmana
Journal of Law ( Jurnal Ilmu Hukum ) Vol 7, No 1 (2020)
Publisher : Universitas 17 Agustus 1945 Samarinda

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ABSTRACT The problem in this study is related to the Implementation of Tax Collection and Implications for Hotel Tax arrears according to the Samarinda City Regional Regulation Number 4 of 2011 concerning Regional Taxes and how the efforts of the Samarinda City Government in increasing Local Revenue (PAD) from Hotel Taxes in Samarinda City. The purpose of this study is to know and analyze the implementation of star hotel tax levies and the Implications on Hotel Tax arrears in Samarinda City Number 4 of 2011 regarding Regional Taxes and how the efforts of the Samarinda City Government in increasing Local Revenue (PAD) from Hotel Taxes in Samarinda City. The type of research used by the author in writing this scientific work is normative legal research that is legal research that examines law as aspects of theory, history, philosophy, comparison of structures, and composition of consistency, scope and material consistency, general explanation of article by article, formality and thebinding force of a law, as well as the legal language used. Starred hotel tax is a potential regional tax object as one of the sources of Regional Original Revenue (PAD) in Samarinda City, while the constraints are due to the lack of application of rules and sanctions for arrears related to hotel taxes in samarinda City Number 4 of 2011 concerning Regional Taxes namely not maximum income regional income that should be issued rules to be more stringent in increasing local tax levies and also the side effects that occur due to non-maximum rules that have been made into a problem that is arrears of tax payments made by taxpayers. In this case, the main objective of the regulation should be to increase regional income to the maximum and also provide overall decisiveness for taxpayers so that they are not in arrears in paying taxes, which are clearly stipulated in local tax regulations in Samarinda city. To increase Local Revenue (PAD) from star-rated hotel taxes, the city government needs to evaluate the Samarinda City Regional Regulation No. 4 of 2011 regarding Regional Taxes related to the maximum application of hotel tax collection rules and implement strict legal sanctions for tax arrears in all starred hotels which still does not obey or heed regional tax regulations so as to increase awareness and obedience of taxpayers so that retribution income will increase significantly Keywords: Hotel Taxes, Implementation of Rules, Tax Arrears Implications

TINJAUAN HUKUM TERHADAP KONTRAKTOR PENAMBANG BATU BARA DAN KONTRAKTOR REKLAMASI DALAM PELAKSAAN REKLAMASI LAHAN PASCA TAMBANG DI KOTA SAMARINDA Achmad Chairil Ardi Baruna
Journal of Law ( Jurnal Ilmu Hukum ) Vol 7, No 2 (2021)
Publisher : Universitas 17 Agustus 1945 Samarinda

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ABSTRACTAgreements between the holders of coal mines with contractors, the parties who make agreements have equal positions in the fight for their rights and obligations, so as to be balanced rights and obligations between them. The contents of the agreement between the holders of the mine with the contractor contain the scope of post-mining land reclamation work in the mining area. In its agreement, the time period has been agreed upon. The problem of the thesis is how to perform the reclamation agreement between the holders of mines and contractors, post-mining and how to sanction to the mining business license holders and contractors if not running Reclamation in accordance with the agreed agreement, with the title of the thesis. The research of this thesis is normative and juridical juridic empirical, the nature of his research is a descriptive analysis of the direct view of the Treaty and application of reclamation between the holders of the mines and contractors in Samarinda. The results of the study explain the agreement between the holders of coal mines with the contractor has fulfilled the legal requirements of the agreement as in article 1320 Civil Code, that is to agree on those who bind themselves that the agreement has occurred and Approved by both parties, capable to make agreements, and with an agreement in the implementation of post-mining land reclamation in Samarinda. The sanctions of mine and contractor permits in the event of violations of reclamation and postwar activities may be subject to administrative sanctions and criminal sanctions. Keywords: Reclamation and Sanctions

TINJAUAN YURIDIS PERJANJIAN BISNIS WARALABA (FRANCHISE) ANTARA FRANCHISOR DAN FRANCHISEE DALAM DINAMIKA PEREKONOMIAN DI INDONESIA Rustinah Hariyani
Journal of Law ( Jurnal Ilmu Hukum ) Vol 6, No 2 (2020)
Publisher : Universitas 17 Agustus 1945 Samarinda

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AbstractMany franchise businesses inIndonesia. This business is a business that is very easy to make a profit. To start this business, both prospective franchisees and franchisors must enter a written franchise agreement. This franchise business is also closely related to trademarks and trade secrets, so that in this business it is closely related to the legal aspects of agreements and intellectual property law. Legal aspects in the franchise business agreement (franchise) between the franchisor and the franchisee as a form of economic dynamics in Indonesia, including : (1) relating to the law of the agreement (Civil Code), in which the franchise business cooperation requires an agreement written and agreement terms as regulated in the Civil Code, and (2) relating to intellectual property rights, which are franchise criteria in which intellectual property rights have been registered in accordance with Article 3 of Government Regulation Number 42 Year 2007, especially trademarks and trade secrets. Legal protection for the franchisor and franchisee in the franchise agreement as stipulated in Government Regulation No. 42/2007 concerning Franchising, carried out through franchising registration and recording a franchise agreement. Keywords : Agreement, Business, Franchise

TINDAK PIDANA PEDOFILIA DITINJAU DARI PERSFERKTIF PERLINDUNGAN ANAK DI KOTA SAMARINDA Kharisma Dwi Pertiwi Siwi
Journal of Law ( Jurnal Ilmu Hukum ) Vol 7, No 1 (2020)
Publisher : Universitas 17 Agustus 1945 Samarinda

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ABSTRACT Pedophilia is a sexual activity carried out by adults against minors, pedophilia perpetrators are currently experiencing an increase in violence against children, which also leads to the death of the victims. Not to mention other pedophile behaviors that were exposed to court, which made parents even more worried that the dangers of pedophilia were so easy to threaten the lives of each of their children.Legal sanctions against pedophiles are stipulated in Law Number 17 of 2016 concerning the second amendment to Child Protection, providing fresh air for the Indonesian people. This is because, in this law, it provides heavier and more sinister sanctions for perpetrators of sexual crimes in this law that guarantees that the perpetrators do not get a law that is too light in this law also talks about the protection of the form that can be provided to child victims of crime, including victims of pedophilia, among others: Counseling, Services, Medical Assistance, Legal Aid, Supervision, Prevention.Efforts to protect children need to be continuously strived for in order to maintain the welfare of children, considering that children are one of the valuable assets for national development in the future.Keywords: Pedophilia, Sanctions, Child Protection

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Contact Name
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Journal Mail Official
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Location
Kota samarinda,

Kalimantan timur

INDONESIA