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TINJAUAN YURIDIS TERHADAP PERJANJIAN KEMITRAAN DALAM KITAB UNDANG-UNDANG HUKUM PERDATA Ryan Hidayat
Journal of Law ( Jurnal Ilmu Hukum ) Vol 6, No 2 (2020)
Publisher : Universitas 17 Agustus 1945 Samarinda

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ABSTRACT“Juridical Review of the Partnership Agreement in Us Civil Law”. Advisor I, Dr. Irman Syahriar S.H., M.Hum and Advisor II Ms. Khairunisah S.H., M. H.Partnership agreements are agreements that are not listed in the Civil Code, but partnership agreements through the principle of freedom of contract in business activities because partnership agreements are often used in business activities, but sometimes the contents of partnership agreements are not in accordance with the principles in an agreement.The purpose of this study is to be able to know the legal review of the partnership agreement in the Civil Code and find out how the Judge's Analysis of the partnership agreement in court decisions.In this paper the author uses this type of research with a normative juridical approach method in which legal research is carried out by examining the literature or secondary data as a basis for research by searching for regulations and literature relating to the problem under study.The results of this study indicate that there were mistakes made by PT. TAKADELI INDONESIA to provide new partnership agreements to second parties or partners who work with PT. TAKADELI INDONESIA and in the contents of the new agreement there is content that makes Partner II feel disadvantaged and also the relationship between partner II and PT. TAKADELI INDONESIA is heating up so PT, TAKADELI is opening a bakery in Ambon where partner II is also opening outlets. The material experienced by Mitra II, in the decision of the Ambon District Court, stated that PT. TAKADELI INDONESIA is guilty and defeated and must pay moral and material losses suffered by Partner II in accordance with the contents of the decision. Keywords: Agreement, Partnership Agreement, Court decision

PROSES HUKUM TINDAK PIDANA KEKERASAN ANAK DALAM KELUARGA DI KOTA SAMARINDA BERDASARKAN UNDANG-UNDANG NOMOR 23 TAHUN 2004 TENTANG PENGHAPUSAN KEKERASAN DALAM RUMAH TANGGA Noor Yeni Setyawati
Journal of Law ( Jurnal Ilmu Hukum ) Vol 7, No 1 (2020)
Publisher : Universitas 17 Agustus 1945 Samarinda

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AbstractDomestic violence is a global phenomenon that occurs throughout the centuries of human life, and occurs in all countries. The forms of violence vary, both in the social, cultural, political, economic and educational fields, which are generally victims of women and children in a family environment. Article 44 of Law Number 23 of 2002 states that the government is obliged to provide facilities and carry out comprehensive health efforts for children, so that every child has the optimal health area from the womb.Children as part of the younger generation are the successors of the ideals of the nation's struggle as well as human capital for national development. Article 1 point 1 of law number 23 of 2002 states that child protection is all activities to guarantee and protect children and their rights so that they can live, grow, develop, and participate, optimally in accordance with human dignity, and be protected from violence and discrimination.Keywords: Legal Protection for Children, Victims of Domestic Violence

TINJAUAN YURIDIS TENTANG PERJANJIAN KERJASAMA ANTARA PT. SUMALINDO LESTARI JAYA GLOBAL TBK SAMARINDA DENGAN KARYAWAN Nasrun Tulalan
Journal of Law ( Jurnal Ilmu Hukum ) Vol 6, No 1 (2019)
Publisher : Universitas 17 Agustus 1945 Samarinda

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AbstactThis scientific paper is a result of research as a final project in the completion of studies at the Faculty of Law of the University of August 17, 1945 Samarinda, this scientific paper is entitled Juridical Review of the Cooperation Agreement between PT. Sumalindo Lestari Jaya Global Tbk Samarinda with Employees.This scientific writing uses a descriptive analysis research method, which is a form of research that describes the situation or situation accompanied by an estimate of data and information obtained in relation to the problem under study, for further analysis.In the context of increasing national development in general and in particular in the context of improving the welfare of workers / workers, especially in PT. Sumalindo Lestari Jaya Global Tbk Samarinda, a cooperation agreement between workers and employers is needed. With the existence of the Serikat Buruh Borneo Indonesia (SBBI) as a representative of employees, aspirations and desires can be well targeted delivered between employees and the company. Work agreements based on the Pancasila industry while still guided by Law No. 22 of 1957 concerning the settlement of labor disputes adhere to a principle of deliberation to reach consensus by grounding in the first stage if a dispute is settled, the settlement is left to the disputing parties. This can eliminate disputes and obstacles that exist in the implementation of Law number 21 of 1954 concerning Labor Agreements between trade unions and employers, in this case the company PT. Sumalindo Lestari Jaya Global Tbk Samarinda.

TINJAUAN YURIDIS TERHADAP PERAN DPRD KOTA SAMARINDA DALAM PENGAWASAN TERHADAP ANGGARAN PENDAPATAN BELANJA DAERAH BERDASARKAN UNDANG – UNDANG NO. 9 TAHUN 2015 TENTANG PEMERINTAHAN DAERAH RISKA NANDA PUSPITADEWI
Journal of Law ( Jurnal Ilmu Hukum ) Vol 7, No 1 (2020)
Publisher : Universitas 17 Agustus 1945 Samarinda

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ABSTRACT This study entitled "Juridical Review of the Role of Samarinda City DPRD in Supervision of Regional Expenditure Revenues Based on Law Number 9 of 2015 concerning Regional Government", under the guidance of whom I respect Mrs. Kunti Widayati, SH, M.Hum as Supervisor 1 and Mrs. Fatimah Asyari, SH, M.Hum as Supervisor II.The purpose of this research is to know clearly about the mechanism of implementation and supervision of the Samarinda City Regional Expenditure Budget and aims to find out the obstacles that arise in the implementation and supervision of the Samarinda City Regional Expenditure Budget and its settlement efforts.This research is a kind of empirical normative research. Research location in Samarinda City DPRD. The type of data used is primary data to obtain library materials and regulations relating to the thesis title. Data collection techniques used are done with a literature study. Data analysis used is qualitative analysis, where the collected data will be analyzed through three stages, namely reducing data, presenting data, and drawing conclusions.From the results of the study, it can be concluded that the mechanism for the implementation of supervision of the Regional Expenditure Budget is regulated in the Law of the Republic of Indonesia Number 9 of 2015 concerning the Regional Government. The implementation and supervision mechanism for the Samarinda City Regional Expenditure Budget includes Planning, Implementation (Management), Control (Audit of Regional Financial Reports), Administration, Accounting, Reporting, and Accountability.Keywords: The Role of DPRD of Samarinda City, Mechanism of Implementation and Supervision on Local Budget of Samarinda City Revenue

KEDUDUKAN AKTA HIBAH DALAM SENGKETA KEPEMILIKAN HAK ATAS TANAH Putri Wardhani
Journal of Law ( Jurnal Ilmu Hukum ) Vol 7, No 2 (2021)
Publisher : Universitas 17 Agustus 1945 Samarinda

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ABSTRACTGrant is a one-sided agreement whichis the parties who are still alive, freelyand irrevocable, give or dissectingan object for the purpose of therecipient's receiving the comforter. Aa common problem in society is thattransitions land of rights through thegrants. This is could happen whensomeone wrong. The wrong partiessaid that they felt like had the grantor the parties who inherited thegrant. The solution should beestablished by viewing the form ofthe grant performed using anauthentic deed as prescribed inarticle 1682 of civil law. The generalthe authority is given to make the seed ofthe grant by the law is the land deed.The issue raised in this writing wasentitled. "The study was intended toanswer the question of how the deedof the grant was valid and theposition of the grant deed in disputeover the land rights. The type ofresearch that used, wasnormative-juridical research, a studydone on the basis of legal materialsand by the way of collecting data,studying books on the librariesrelated to this research.As for the conclusion of this study,a grant is a free form of a covenantthat only submit to the terms of thetreaty set. That the terms of the covenantregulated in civil law. Thethe legitimacy of the rights that shouldbe extended to the recipient and thethe object should be given to be free ofcharge, interference, and litigationon the part of the third parties.Material obtained from anillegitimate grant, wouldautomatically render theunauthorized as an objectinheritance, so that the recipientwould be denied by the acquiresobject.Keywords: Deeds, Grants, RightsOn The Land.

PERLINDUNGAN HUKUM TERHADAP PEMBELI RUMAH BERDASARKAN PERATURAN MENTERI PEKERJAAN UMUM DAN PERUMAHAN RAKYAT NOMOR 11/PRT/M/2019 TENTANG SISTEM PERJANJIAN PENDAHULUAN JUAL BELI RUMAH Muhammad Afif Ma’ruf
Journal of Law ( Jurnal Ilmu Hukum ) Vol 5, No 2 (2019)
Publisher : Universitas 17 Agustus 1945 Samarinda

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ABSTRACTPPJB only contains standard clauses that usually benefit the seller, because the buyer's position is not free. Legal issues that occur and the facts that occur in the field is that developers often make fraud in terms of; use of green open space for building housing; does not provide an opportunity for consumers to study the deed of the Purchase Binding Agreement (PPJB).The problem raised in this paper is how the legal protection of home buyers based on Ministerial Regulation (Permen) PUPR Number 11 / PRT / M / 2019 and What are the legal conditions that must be owned by home developers in selling their products based on Ministerial Regulation (Permen) PUPR Number 11 / PRT / M / 2019.This type of research is Normative Juridical research that is conducted based on legal material and by collecting data, studying books in the library, and legislation relating to this research.The results of research Developer or developer of a legal entity that sells a single house, a series of houses and flats that are sold to the community by cash or credit, in terms of credit a lot of problems arise in terms of payment, broken promises, and incompatible development. Regulation of the Minister of Public Works and Public Housing Number 11 / PRT / M / 2019 Concerning the Preliminary Agreement on Buying and Selling Houses is present to provide a sense of security for consumers and give a fair impact to both parties who are engaged in binding the sale and purchase of houses. based on PUPR Minister Regulation Number 11 / PRT / M / 2019 article 4 paragraph (1) "development actors conducting marketing as referred to in nature article 3 paragraph (1) and paragraph (2) must have at least: Certainty of spatial use; Certainty of rights to land; Certainty of the status of land ownership Licensing for housing or apartment development; and Guarantee for the construction of housing or flats from the guarantor institution. Keywords: PPJB, Developer, Consumer

ASPEK HUKUM PERLINDUNGAN PELAKU TINDAK PIDANA PEMBUNUHAN DALAM HUKUM POSITIF DAN PERSPEKTIF KUHAP Muhammad Ubet Al Asad
Journal of Law ( Jurnal Ilmu Hukum ) Vol 7, No 1 (2020)
Publisher : Universitas 17 Agustus 1945 Samarinda

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ABSTRACTLegal protection can be interpreted as all the efforts of the government to ensure legal certainty to provide protection to its citizens so that their rights as citizens are not violated, and imposed sanctions for someone who violates these regulations in accordance with applicable regulations, and will have consequences especially in the law criminal .. Talking about legal protection is certainly very closely related to Human Rights (HAM). Legal protection is all efforts to fulfill rights and provide assistance to provide security for witnesses and/or victims, legal protection for victims of crime as part of community protection can be realized in various forms, such as through the provision of restitution, compensation, medical services, and legal assistance.How is the Protection of Murderers in Positive Law and Criminal Procedure Codehow the Protection of Murderers in Criminal Procedure Perspectives The type of research used in this study is normative legal research, which is a legal research method that uses a statutory approachThe regulation of human rights in Indonesia has gained a place in the constitution, namely in Chapter X.A, the 1945 Constitution of the Republic of Indonesia, starting from Article 28A to Article 28J. Rights accompanied by a Legal Counsel include conditions for human rights values, these rights are protected by law, especially Law Number 39 of 1999 concerning Human Rights, and Law Number 4 of 2004 concerning Judicial Power and the existence of rights accompanied by an Advisor The law has been universally recognized as part of human rights. Keywords: Legal Protection, Murderer, Criminal Procedure Code

PRAKTIK PREMANISME DENGAN MEMBAWA NAMA ORGANISASI KEMASYARAKATAN DALAM PERSPEKTIF HUKUM PIDANA Rinaldi Rinaldi
Journal of Law ( Jurnal Ilmu Hukum ) Vol 6, No 1 (2019)
Publisher : Universitas 17 Agustus 1945 Samarinda

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ABSTRACTION Thugism is derived from the word thug, this term comes from the Dutch vrijman or freeman in English, which means free people, according to KBBI thugs are a term for bad guys such as jacks, robbers, extortionists, and so on, while thugs are a way or lifestyle like thugs, usually by promoting violence. Thugism that is often done in people's lives usually aims to get results through a fast or instantaneous way, the perpetrators of this act will usually get sanctions in the form of criminal sanctions, be it in the form of prison sentences, fines or social sanctions. Keywords : Thugism, Criminal, Sanction

TUNTUTAN GANTI RUGI ATAS TANAH YANG DIGUNAKAN UNTUK KEPENTINGAN UMUM DALAM MEMBANGUN WTP (WATER TREATMENT PLANT) DI PENGADILAN NEGERI TENGGARONG Siti Rohaeti
Journal of Law ( Jurnal Ilmu Hukum ) Vol 7, No 1 (2020)
Publisher : Universitas 17 Agustus 1945 Samarinda

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ABSTRACTThe process of land acquisition will never be separated by the existence of compensation issues. The deliberative mechanism which should be a means to find a middle ground in determining the amount of compensation often does not reach an agreement and hence for reasons of public interest, the government through the land acquisition committee can unilaterally determine the amount of compensation and then entrust it to the local district court. Land acquisition for the construction of WTP (Water Treatment Plant) is in the public interest.The problem examined in this study is how is the implementation process of the release of land rights for the construction of the WTP (Water Treatment Plant) and settlement of compensation for the land that has been carried out for the construction of the WTP (Water Treatment Plant). The method used in this study uses normative juridical research methods.The results of the study indicate that the legal arrangements regarding land acquisition for the public interest in the construction of the WTP (Water Treatment Plant) must be carried out by releasing land rights by providing compensation directly and through stages: determining the location, counseling, setting the boundaries, announcing the results, deliberation setting price, compensation, waiver. The government should provide compensation to the landowner in advance.Keywords: Compensation, Development, Public Interest.

TINJAUAN YURIDIS TERHADAP SURAT DAKWAAN DENGAN ASAS CONCURSUS REALIS DALAM PERKARA LAKALANTAS DI PENGADILAN NEGERI TANAH GROGOT Ratih Febriyanti
Journal of Law ( Jurnal Ilmu Hukum ) Vol 7, No 2 (2021)
Publisher : Universitas 17 Agustus 1945 Samarinda

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ABSTRACTThe Indictment is a limitation of prosecution. A defendant cannot be charged or found guilty and punished for an act that is not listed in the Indictment. Criminal acts regulated in Article 65 to Article 70 of the Criminal Code concerning the accumulation or combination of criminal acts known as Concursus Realist, such as an example of a traffic accident in the jurisdiction of Paser City which resulted in a motorized vehicle user being seriously injured and lightly injured. The problems raised in this paper are how the provisions of the indictment for the cumulation in the discourse and what are the legal provisions of the indictment with the principle of realist discourse in the accident case at the Tanah Grogot District Court. This type of research is a normative juridical research with a problem approach that is used in the writing of this thesis is by means of a statutory approach.The results of the study show that the legal provisions of the indictment with the principle of realist discourse in the crime case at the Tanah Grogot District Court that in criminal events containing realist discourses in the compilation of the cumulation indictment, are adjusted to the type of realist concurus as regulated in Articles 65-71 of the Criminal Code. According to these provisions, an event is deemed to contain a realist discourse where the threat of basic punishment is the same if in the case concerned there are characteristics, namely the co-existence of a criminal act in which each criminal act stands on its own. Keywords: Indictment, Concursus Realis, Criminal Investigation Case.

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Kota samarinda,

Kalimantan timur

INDONESIA