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KAJIAN HUKUM PEMEGANG IZIN USAHA PEMANFAATAN HASIL HUTAN KAYU HUTAN ALAM (IUPHHK-HA) TERHADAP PENERAPAN KEBIJAKAN KEMENTRIAN LINGKUNGAN HIDUP KEHUTANAN NO.P.30/MENLHK/SETJEN/PHPL.3/3/2016 TENTANG PENILAIAN KINERJA PENGELOLAAN HUTAN PRODUKSI LESTARI DAN VERIFIKASI LEGALITAS KAYU PADA PEMEGANG IZIN, HAK PENGELOLAAN ATAU PADA HUTAN HAK Ilham Hadiansyah
Journal of Law ( Jurnal Ilmu Hukum ) Vol 6, No 1 (2019)
Publisher : Universitas 17 Agustus 1945 Samarinda

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ABSTRACT Sustainable Production Forest Management is an activity in the management of forests with the principle of protecting the forest to remain continue to be sustainable. So that forests in the future will still exist with good and sustainable management in accordance with the Regulation of the Minister of Environment and Forestry with compliance with the regulations contained therein. The method used in this study uses normative juridical research methods. Based on research results, Sustainable Production Forest Management arises from the existence of illegal logging and Forests as the world's lungs, with the Minister of Environment and Forestry Regulation No. P.30 / MenLHK / Setjen / 3/3/2016 concerning Performance Assessment of Sustainable Production Forest Management and Timber Legality Verification on Permit Holders, Management Rights or on Private Forests. In order to the forests in Indonesia in particular are always preserved. Keywords: Obligations of Permit Holders to Implement SustainableProduction Forest Management.

PENERAPAN HUKUM TERHADAP PELAKU TINDAK PIDANA PENGANIAYAAN YANG MENGAKIBATKAN LUKA BERAT DI PENGADILAN NEGERI SAMARINDA Muhammad Mariadi
Journal of Law ( Jurnal Ilmu Hukum ) Vol 7, No 2 (2021)
Publisher : Universitas 17 Agustus 1945 Samarinda

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ABSTRACTIONMaltreatment is a form of action that can harm other people, namely towards physicality. One of them is that it can cause serious injury or can even cause the loss of a person's life. These actions occur due to factors including uncontrolled community behavior due to low levels of education and environmental influences, poor association which ultimately results in disputes both personal and group. The problem raised in this study is how the application of criminal law to criminal acts of maltreatment that resulted in serious injuries in district court Samarinda and what is the legal consideration of judges in making decisions on crimes of persecution that resulted in serious injuries in district court Samarinda.The type of research used is normative juridical research, library research with the problem approach used in the writing of this thesis is the statute approach.The results showed that the application of criminal law in the case No.223 / Pid.B / PN.Smr was correct because the defendant's actions more fulfilled the elements of Article 351 paragraph (2) of the Criminal Code. And the legal considerations of the judge in making a verdict in criminal case No.223 / Pid.B / PN.Smr with three valid evidence, namely the victim's witness statement, the proof of the Visum at repertum and the statement of the defendant And the kayin judge because of it.Keywords: Law Application, Crime of Persecution, Serious Injury

TINJAUAN YURIDIS PENGESAHAN ANAK YANG LAHIR DILUAR NIKAH Kholis Sulung P
Journal of Law ( Jurnal Ilmu Hukum ) Vol 6, No 1 (2019)
Publisher : Universitas 17 Agustus 1945 Samarinda

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ABSTRACK Marriage is a medium to achieve the objectives of Islamic Shari'a, one of which is an active-offensive form of hereditary protection (high an-nasl), for the sake of preserving offspring and avoiding esyubhatan (polluted) in the determination of the nasab. Therefore, the distribution of human biological desires must be within the boundaries of religious corridors, so as to avoid the trappings of immoral acts or adultery outside the marriage fence. The presence of a child in the household is very desirable. Children are hereditary offenders, where legitimate offspring that are recognized by themselves, society, state, and legitimate according to religion are certainly expected. However, in reality, often encountered a situation where the presence of a child in a family is not always happy. This usually happens when a child is born outside legal marriage. The birth of a child outside marriage is not only caused by an extramarital relationship. A woman in certain circumstances can also give birth to a child outside marriage if the marriage takes place in a customary manner and is not registered in accordance with the provisions of the applicable laws and regulations. Seeing the case of out-of-wedlock children currently developing in the community will be limited to the recognition and approval of out-of-wedlock children who are subject to the Civil Code.The method used in this study is a normative juridical method, data or information obtained through library research. From the results of library research secondary data is obtained which includes primary legal materials, secondary legal materials and tertiary legal materials. The problems that the authors discuss in this thesis are the process of ratification of children born out of wedlock and the legal status of children born out of wedlock after ratification.Based on the results of the study it can be concluded that the requirements and the process of recording the recognition and endorsement of children can be done at the Population and Civil Registry Office. Requirements for obtaining a certificate of recognition and endorsement of a child are a certificate from the RT / RW that is known by the village head / lurah, a photocopy of a birth certificate, a photocopy of a KTP, and KK as well as a certificate of a religious marriage. The requirements for those who are Muslim are added to the verdict of recognition or endorsement from the Religious Court and Article 43 paragraph (1) of the Marriage Law explains that a child out of wedlock is a child born from an illegitimate marriage and the child only has a civil relationship with the mother who gave birth to him or his mother's family. But this status will change after the process of recognition and endorsement through a court decision to officially have a man as his father and a woman who gives birth as his mother, so thus the child has a civil relationship with his father and has a civil relationship with the mother who gave birth to a child and has a relationship of rights and obligations between the child and the father and mother who gave birth as parents to the child born. Keywords: Child Endorsement, Marriage, Children Out of Marriage

PROBLEMATIKA PELAKSANAAN UNDANG-UNDANG NOMOR 13 TAHUN 2003 TENTANG KETENAGAKERJAAN TERHADAP PERJANJIAN KERJA WAKTU TERTENTU DI PT. GRAHA MANDALA SAKTI Edi Hartono
Journal of Law ( Jurnal Ilmu Hukum ) Vol 7, No 1 (2020)
Publisher : Universitas 17 Agustus 1945 Samarinda

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ABSTRACTEdi Hartono. "Problems in the Implementation of Law Number 13 Year 2003 concerning Employment Against Certain Time Work Agreements at PT. Graha Mandala Sakti "under the guidance of Ms. Isnawati, SH., M.H as I and Mr. Dr. H. Ismail, SH., M. Hum as II counselorWork agreement is one form of agreement to carry out work as referred to in Article 1601 of the Civil Code. In Article 50 of Law Number 13 of 2003 concerning Manpower, it is stated that labor relations occur because of the existence of work agreements between employers and workers / laborers. Specific Time Work Agreement (PKWT) is a work agreement that has a validity period determined or referred to as a contract employee.The purpose of this study is to find out how the implementation of a certain time work agreement (PKWT) at PT. Graha Mandala Sakti. The type of research used in this study is empirical research where this research is carried out by looking at and gathering all information related to the reality in the implementation of practice in the field.The results of this study are the application of a certain time work agreement (PKWT) in work relations at PT. Graha Mandala Sakti has not been effective in accordance with applicable regulations. The company has ignored the maximum deadline permitted by Law Number 13 of 2013 concerning Labor concerning the period of PKWT. The first factor is that most types and characteristics of the work needed are jobs that are included in the core work of the production process and are permanent and the second factor is the omission of the provisions of the PKWT in employment relations, which according to the authors are caused by very loose government oversight of the reality on the ground. Keywords: Implementation of PKWT

TINJAUAN YURIDIS TERHADAP ANAK DIBAWAH UMUR YANG BEKERJA SELAMA MASA PANDEMI COVID - 19 DI KOTA SAMARINDA Dita Purnama Sari
Journal of Law ( Jurnal Ilmu Hukum ) Vol 7, No 2 (2021)
Publisher : Universitas 17 Agustus 1945 Samarinda

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ABSTRACTThe issue of child labor as a type of labor has long been a problem in the world of education, with the addition of regulations stipulated by the Government regarding the Covid-19 Pandemic which greatly impacted the economy of the child's parents, so that many concerns have arisen with the existence of child labor. In fact, the problem of child labor in Indonesia cannot be addressed by choosing whether or not it is permissible. The reality shows that poor families really need work for their children, both to help their family's economy and to sustain their own lives.The type of research used in this research is juridical empirical research, which is a legal research method that uses the rules of law and searches for data or information directly in the field in the form of interviews with resource persons.Various kinds of factors that cause underage children to work are generally economic factors, then habitual factors, self-will (independent), and psychological factors. and outreach to child laborers.With the conditions at the time of the Covid - 19 pandemic, the Government must increase the skills training for child laborers. Parents must play an active role in educating their children so that their children get their rights as children. Child labor rights according to labor law No. 13 of 2013 is the right to survival, the right to protection, the right to develop.Keywords: Covid -19 pandemic, workers, children

TANGGUNG JAWAB PENERIMA KUASA JUAL MENGACU PADA AKTA KUASA JUAL DIBUAT OLEH NOTARIS DALAM HAL PERALIHAN HAK ATAS TANAH Winda Lestari Hasan
Journal of Law ( Jurnal Ilmu Hukum ) Vol 7, No 1 (2020)
Publisher : Universitas 17 Agustus 1945 Samarinda

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ABSTRACTThe power to sell, is included in the category of power that is used to transfer the object that can only be done by the owner. Therefore, for the power of attorney to sell, a power of attorney is required in the presence of express words in the act. In practice, there are still found power recipients who do not directly complete the tasks given by the Authorizer. Even the power of attorney exercises the power of attorney within a period of time long after the power of attorney is signed by both parties. The problem raised in this paper is how the responsibility of a power of attorney in the transfer of land rights and what are the legal constraints of the power of attorney in the process of transferring land rights by using a sales authorizationThis type of research is normative juridical research, library research with the problem approach used in writing this thesis is the statute approach.The results showed that the responsibility of a power of attorney is to be based on the power of attorney that he has made and must immediately implement the power granted by the power of attorney and the constraint of the power of attorney in the process of transferring land rights by using a power of attorney ie selling a power of attorney not made notaryly but under the hand, incapable of accepting power of attorney, authorization of more than one person so that must require the agreement of all the power of attorney. Keywords: responsibility, power of attorney, land rights party

TINJAUAN HUKUM PENGURUSAN IZIN PENDIRIAN PERSEROAN TERBATAS OLEH NOTARIS Devi Anggriyani Purwanti
Journal of Law ( Jurnal Ilmu Hukum ) Vol 6, No 1 (2019)
Publisher : Universitas 17 Agustus 1945 Samarinda

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ABSTRACT Many enteurprenuers choose to set up companies in the form of PT to conduct their business activities. And to make the PT legal as a legal entity there are conditions and procedures that must be met. The establishment of PT can not be separated from the role of the notary to make the legality of the permit to establish PT. This made notary have legal responsibility for the establishment permit of PT. So the problem is fomulated in this thesis was how the terms and procedures for obtaining a license for establishing a limited company by notary and how the notary’s legal resposibility for the management of the establishment of limited company.From the results of the thesis, it was fond that the conditions for establishing a PT were in accordance with law number 40 of 2007 concerning limited liability companies, namely the excistence of a deed containing the articles of associaton and all elements contained in the company law. The making of a deed for the PT establishment permit must be by a notary where the founders met the notary, who than checks the name, the signing of the registration deed to the ministry so that the legal entity decrees are released. By the goverment at this time the process can be done online through the OSS program, so that the registration process to the ministry becomes easier.What needs to be done by the founder is only to prepare the certificate of establishment of the PT by the notary and then go to the lams oss.go.id and follow the instruction on the page.As for the responsibility of the notary in the management of PT establishment permit, the deed of establishment of the PT was made. The responsibility in question is the responsibility for the validity of the proof of deed and related to the making of the deed of establishment of PT which must be in accordance with the provisions stated in the laws and regulations. However, the notary also has the right to obtained legal protection against the deed that they made. This protection takes the form of a notary honor council. As a body that decides whether the notary concerned can be declared violating a notary code of ethics and has the right to be investigated by investigators from both the police and the prosecutor’s office.

PENEGAKAN HUKUM OLEH POLRI DALAM PELAKSANAAN PEMUSNAHAN BARANG BUKTI NARKOTIKA PADA PENYIDIKAN MAUPUN SETELAH ADANYA PUTUSAN PENGADILAN NEGERI MEMPUNYAI KEKUATAN HUKUM TETAP (INKRACHT VAN GEWIJSDE) Matius Lawaing Bayau
Journal of Law ( Jurnal Ilmu Hukum ) Vol 7, No 2 (2021)
Publisher : Universitas 17 Agustus 1945 Samarinda

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ABSTRAKPenyalahgunaan narkotika dilihat dari sudut pemakai akan mengakibatkan ketergantungan, dan hal itu merupakan ancaman yang potensial merusak generasi muda yang merupakan komponen masyarakat yang paling rawan terlibat dalam penyalahgunaan narkotika. Banyak pendapat-pendapat yang mengemuka bahwa penyalahgunaan narkotika di Indonesia akhir-akhir ini sudah mencapai pada tingkat situasi yang mengkhwatiran bagi masyarakat. Sehingga hal ini harus dinilai sebagai persoalan yang mendesak dan sangat memprihatinkan, karena korban penyalahgunaan narkotika tidak hanya terbatas pada kelompok masyarakat yang mampuPeran serta POLRI terhadap pelaksanaan pemusnahan barang bukti narkotika dapat dikelompokan menjadi dua bagian, yakni peran serta POLRI terhadap pemusnahan barang bukti narkotika yang dilakukan pada tingkat penyidikan, dan peran serta POLRI terhadap pemushanan barang bukti yang dilakukan setelah adanya putusan hakim yang telah mempunyai kekuatan hukum tetap (in kracht van gewijsde).

TINJAUAN YURIDIS ALIH FUNGSI MOBIL PRIBADI MENJADI ANGKUTAN UMUM BERDASARKAN UNDANG UDANG NOMOR 22 TAHUN 2009 TENTANG LALU LINTAS DAN ANGKUTAN JALAN Ajay Depkhan
Journal of Law ( Jurnal Ilmu Hukum ) Vol 6, No 2 (2020)
Publisher : Universitas 17 Agustus 1945 Samarinda

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AbstractBased on Law Number 22 of 2009 concerning Road Traffic and Transportation, the operation of transportation must have a permit which is explained in Article 173, Formulation of the problem, namely: How is the procedure of using personal cars into public transportation related to the conversion of private cars into public transportation and whatever sanctions for the use of private cars that are used as public transportation that do not have official permission. The normative juridical approach method, the data source, namely primary data from Law Number 22 of 2009 concerning Road Transport and Traffic, and the Head of the Samarinda public transportation section, secondary data derived from literature related to the conversion of private cars into public transportation. The data collection technique was in the form of interviewing respondents from the head of public transport transportation at the Samarinda City Transportation Agency. The research data was analyzed descriptively qualitatively. The results of the study, procedures for transferring private cars to public transportation include: registering private cars at the Transportation Agency to transport passengers by completing requirements, namely: Technical feasibility requirements and filling in permission forms to change the nature / form, roadworthiness requirements, route permit requirements. sanctions for the use of private vehicles (cars) that are used as public ownership that do not have official permits include: criminal sanctions with penalties for vehicle lifting, confinement or fines.

PERTANGGUNG JAWABAN SUPERMARKET DALAM PENITIPAN BARANG DI KOTA SAMARINDA MENURUT UNDANG-UNDANG NO. 8 TAHUN 1999 TENTANG PERLINDUNGAN KONSUMEN Joldi Sandi Wijaya
Journal of Law ( Jurnal Ilmu Hukum ) Vol 7, No 2 (2021)
Publisher : Universitas 17 Agustus 1945 Samarinda

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AbstractSupermarkets offer excessive safety and convenience for consumers who shop where consumers have rights to comfort, security, and safety in consuming goods and services. Has the formulation and limitation of the issue of how the supermarket is responsible for damage or loss and procedures for filing lost claims. The research carried out aims to determine the security system and responsibilities of supermarkets related to the safekeeping of goods in accordance with the Civil Code and the Consumer Protection Act. This research uses normative legal research that is a legal research method that is carried out by examining library materials or secondary data only with the Law Approach (Statue Approach) and Conceptual Approach (Conceptual Approach). Research shows that the responsibility of supermarkets in Samarinda in terms of Safekeeping of Goods is in accordance with applicable legal provisions starting with the obligation to maintain goods that are deposited and return goods that have been deposited in an "in-kind" condition or more precisely in circumstances beginning. The responsibility of the supermarket to the injured consumer is to provide compensation in the form of cash or the replacement of goods of the same value and equivalent and the compensation has been determined by the supermarket. The Customer brings evidence of loss reports to the Supermarket deposit holder. The form of settlement carried out by the Supermarket deposit holder can be in the form of goods or money in accordance with the agreement that has been negotiated.

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Contact Name
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Journal Mail Official
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Location
Kota samarinda,

Kalimantan timur

INDONESIA