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WANPRESTASI DALAM KONTRAK KERJA KONSTRUKSI YANG MENGAKIBATKAN KERUGIAN NEGARA BERDASARKAN UNDANG-UNDANG NOMOR 2 TAHUN 2017 TENTANG JASA KONSTRUKSI Kamaluddin Kamaluddin
Journal of Law ( Jurnal Ilmu Hukum ) Vol 6, No 2 (2020)
Publisher : Universitas 17 Agustus 1945 Samarinda

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ABSTRACT The implementation of construction work services is inseparable from the contract. The construction work contract governs the rights and obligations of service providers and service users. If an obligation is not carried out by one party, the party is said to have defaulted and is detrimental to the other party. For these losses, the party causing the loss must provide compensation, as stipulated in Law Number 2 of 2017.This type of research used in this study is normative juridical, with descriptive-analytical research specifications. The legal materials used are primary legal materials, secondary legal materials, and tertiary legal materials, which are obtained through literature study, then analyzed qualitatively.The results of this study are : (1) defaults in construction work contracts that result in state losses based on Law Number 2 of 2017 concerning Construction Services can occur due to the form of contract performance or make achievements that are not in accordance with the contract, late in carrying out performance that is not appropriate with the coverage period, and the service provider does not carry out its obligations at all. Violations that often occur are late completion of work by the contractor; (2) The legal consequences of defaults in construction work contracts that result in state losses based on Law Number 2 of 2017 concerning Construction Services are that the party causing the loss must pay compensation to the injured party. The construction dispute can be resolved with the basic principle of deliberation to reach an agreement, but if no agreement is reached, then it can go through the stages of dispute resolution efforts through mediation, conciliation, or arbitration. Keywords : Construction Work Contracts, Defaults, State Losses

PENANGGUHAN PENAHANAN TERHADAP TERDAKWA DALAM PROSES PEMERIKSAAN PERSIDANGAN DITINJAU BERDASARKAN ASAS PERSAMAAN KEDUDUKAN DALAM HUKUM Ari Saputra
Journal of Law ( Jurnal Ilmu Hukum ) Vol 7, No 1 (2020)
Publisher : Universitas 17 Agustus 1945 Samarinda

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ABSTRACTThe granting of suspension of detention in each level of the examination must remain based on the principle of quick, simple, and low-cost justice. Keeping all the risks that occur namely the escape of the suspect/defendant in the examination process is an effort so that the judicial process is fast (does not take a long time), simple (not convoluted), and low costs (the use of cost-effective case). Based on the due process model that requires fair and fair treatment by law enforcement agencies or institutions to all suspects/defendants, the partiality in the form of discriminatory treatment in the trial process of the suspect/defendant is a violation of the principle of equality before the law. which is an ideal desired by the community if it is violated, then the resulting legal product will lose its meaning. Guaranteed legal protection is implied in the principle of Equality Before The Law, which is not only a guarantee of getting the same treatment but also a guarantee that the law will not give privileges to other legal subjects. Because if this happens then it can violate the principles of Equality Before The Law and encourage the creation of discrimination before the law. The criminal justice system is based on the principles of being the guardian of the Indonesian criminal justice.Keywords: Suspension, Defendant, Law

TINJAUAN YURIDIS TERHADAP PELAKSANAAN PERPARKIRAN DI KOTA SAMARINDA MENURUT PERATURAN DAERAH NOMOR 5 TAHUN 2015 TENTANG PENGELOLAAN DAN PENATAAN PARKIR Ibrahim Ibrahim
Journal of Law ( Jurnal Ilmu Hukum ) Vol 7, No 2 (2021)
Publisher : Universitas 17 Agustus 1945 Samarinda

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AbstractThis study is entitled "JURIDICIC REVIEW OF PARKING IMPLEMENTATION IN THE CITY OF SAMARINDA ACCORDING TO REGIONAL REGULATION NUMBER 5 OF 2015 CONCERNING MANAGEMENT AND ADMINISTRATION OF PARKING". regarding Parking Management Strategy (On The Street) by the Samarinda City Transportation Office in terms of Management of Public Roadside Parking, Management of Wild Parking, Dimensions of Increasing Local Revenue (PAD), and Dimensions of Smooth Traffic Flow. Data collection techniques are carried out through library research and field research, namely observation, direct interviews with informants, archives, and documents related to research. Whereas determining the source of the data is done by using purposive sampling techniques tailored to the study's objectives and accidental sampling techniques. Data analysis in this study uses descriptive qualitative methods of interactive model data analysis, which begins with the process of data collection, data simplification, data presentation, and withdrawal conclusion. From the results of the study obtained a picture that is the problem of parking carried out several strategies for managing public roadside parking namely by; First, the arrangement of permitted road sections for parking, which already includes the location and parking so that disruption to the smooth flow of traffic can be minimized, Second Optimizes the utilization of existing parking facilities, Third Provision of parking facilities outside the road body, especially in trade areas, services and offices and places of entertainment or recreation, Fourth Addition of item requirements in proposing a building permit (IMB) regarding the provision of parking facilities. In terms of evaluating parking management policies/strategies namely; First, what is done in setting the target by the Regional Revenue Service that only prioritizes the increase in regional income but not on the smooth flow of traffic and also the realization of the target. Second, namely the existence of a policy regarding mandatory tickets implemented by the UPTD parking management Samarinda City Transportation Office where the policy requires administrative evidence that is a ticket on parking activities at every parking point in the city of Samarinda. Third, the government policy in favor of parking management third party and cooperating with Primkopad Kartika Cooperative Aji Mustika Korem to help in increasing regional income and fostering all illegal parking attendants in Samarinda city. In xi, the legislation or law is conceptualized as a rule or norm that is a benchmark of human behavior that is considered appropriate. The findings obtained from this study include the Regional Parking Company has a role and function in minimizing congestion. This function is regulated based on regulations governing parking following the order of the legislation, in which there is a peak regulation / main regulations in the form of a law, namely Law Number 5 of 1965 concerning Regional Enterprises, then as the implementation, it is regulated in Regional Regulation Number 5 the Year 2015 and also in the form of Samarinda Mayor Decree which supports in terms of public roadside parking which is actually able to control illegal parking which is directly related to minimizing traffic congestion. But some things are actually regulated in rules but are not maximized in their authority. The factors that directly affect the function of Samarinda Parking are road factors and road body use, vehicle factors, road user awareness factors, and spatial regulation of parking space provision.Keywords: Parking

PERLINDUNGAN KONSUMEN TERHADAP INFORMASI YANG TIDAK SESUAI DENGAN PROMOSI PERIKLANAN Anik Rahmayanti
Journal of Law ( Jurnal Ilmu Hukum ) Vol 7, No 1 (2020)
Publisher : Universitas 17 Agustus 1945 Samarinda

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AbstractAdvertising as a means of promoting products or offers from business actors to potential consumers. Ads are made as attractive as possible so that potential consumers are interested in buying and using them. However, sometimes advertisements are used by business actors to seek profit only, but in reality, the products being sold do not match the advertisements offered by business actors, causing losses to consumers. Information that is incompatible with advertising promotion is false, misleading, and dishonest information through advertisements, which is a violation of consumer rights. Business actors through advertisements promote goods and/or services with information that is excessive, and the information submitted is not in accordance with the condition and condition of the original product. Ads that contain false information, then the act meets the criteria of a crime called fraudulent misrepresentation. Prohibition of providing false information is regulated in Article 8 paragraph (1) letter f and Article 10 of Law Number 8 the Year 1999. Legal sanctions for business actors who provide information inconsistent with advertising promotions are in the form of imprisonment for a maximum of 5 (five) years or a maximum fine of IDR 2.000.000.000,00 (two billion rupiahs), which is regulated in Article 62 of Law Number 8 of 1999, and additional penalties as provided for in Article 63 of Law Number 8 of 1999 may also be imposed. Keywords: Advertising, Consumer Protection, Information, Promotion

TINJAUAN YURIDIS TERHADAP PUTUSAN LEPAS DARI SEGALA TUNTUTAN HUKUM Maimunah Maimunah
Journal of Law ( Jurnal Ilmu Hukum ) Vol 6, No 1 (2019)
Publisher : Universitas 17 Agustus 1945 Samarinda

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ABSTRACTThe purpose of this research is to find out more about the verdicts free from all lawsuits using normative juridical research methods. It was concluded that: 1. Appeals that can be made in a ruling free from all lawsuits. 2. In ruling a verdict off all lawsuits the judge is very careful in taking his decision and is guided by applicable laws and laws. The verdict handed down by a judge for a case which is examined and tried is the result of an analytical process of the legal facts associated with the rule of law and is complemented by legal arguments.Keywords: Verdict, Lawsuits

KEABSAHAN NOTA KONTAN DALAM TRANSAKSI DI BIDANG USAHA MIKRO KECIL DAN MENENGAH DITINJAU DARI ASPEK PASAL 1320 KITAB UNDANG-UNDANG HUKUM PERDATA TENTANG SYARAT SAH SUATU PERJANJIAN Malinda Latifah
Journal of Law ( Jurnal Ilmu Hukum ) Vol 7, No 2 (2021)
Publisher : Universitas 17 Agustus 1945 Samarinda

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ABSTRACTThe current era of the economy is developing very rapidly, including MSME business activities. People in everyday life generally carry out a business activity, namely buying and selling in order to meet their needs. In fact, buying and selling activities inevitably appear in the names of the rights and obligations of each of the two parties, this is in accordance with the provisions contained in Article 1457 of the Civil Code which states that buying and selling is an agreement, with which party is one commits himself to surrender an item, and the other party to pay the promised price. When a sale and purchase transaction occurs, the seller will issue a valid cash note as proof of payment according to what they agree on the price and goods. But there is a problem that occurs when the buyer does not pay in cash and a cash note is issued. Regarding this, it is necessary to examine the following: (1) The validity of cash notes in transactions in the Micro, Small and Medium Enterprises sector when viewed from the aspects of Article 1320 of the Civil Code; (2) Proven matters that need to be taken into account in the Transactions in the Micro, Small and Medium Enterprises Sector are related to the Legitimacy of the Issuance of Cash Notes. The type of research used in this research is Normative Juridical Research and the problem approach used in this study is the Statute Approach and the Conceptual Approach. The results show that with the provisions or rules regarding the validity of cash notes and things that need to be proven and considered regarding the recording of cash notes in transactions in the MSME sector, business activities can run according to expectations and achieve the desired goal, namely getting a profit from sales. nor the purchase. And the cash note can be used as evidence of a letter that fulfills the element of validity containing the occurrence of a sale and purchase transaction which is issued by an MSME business and can be accounted for if a dispute occurs, so that the rights and obligations as regulated in the Consumer Protection Law can be binding between MSME business actors and to which party the cash note is made. So, in a sale and purchase transaction, no party will suffer a loss if the important matters contained in the cash note are fulfilled.Keywords: Validity, Cash Notes, Transaction, Micro Small and Medium Enterprises.

PENERAPAN DIVERSI DALAM PERKARA PELANGGARAN LALU LINTAS YANG MENYEBABKAN KECELAKAAN ORANG LAIN YANG DILAKUKAN OLEH ANAK DI KOTA SAMARINDA Anshelvy Triana Ismi
Journal of Law ( Jurnal Ilmu Hukum ) Vol 6, No 2 (2020)
Publisher : Universitas 17 Agustus 1945 Samarinda

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AbstractDiversion is an effort to resolve cases committed by children who are in conflict with the law by involving victims and perpetrators and their respective families, which are expected to produce an agreement that is not punitive but still prioritizes the interests and responsibilities of the offender's child. criminal, victims, and society and guarantee the human rights of children in conflict with the law.This study aims to determine the application of diversion in cases of traffic violations that cause other people's accidents by children in the city of Samarinda and to find out the constraints of applying diversion in cases of traffic violations that cause other people's accidents committed by children in Samarinda city.This research was conducted at the Kapolres Kota Samarinda by using data collection techniques, namely interviews.Primary data, secondary and tertiary data obtained are then processed and analyzed qualitatively and presented descriptively. The results obtained from this study were the application of diversion in traffic accidents at the Samarinda Police. The results showed that the police, especially at the Samarinda Police who handled traffic accidents, had implemented the principle of diversion optimally, the form of child crime could be pursued through diversion in Samarinda City with the condition for children whose threat period is under 7 (seven) years is obliged to use Diversion.The purpose of the diversion itself is so that children in conflict with the law are not stigmatized as a result of the judicial process they have to carry out and avoid negative effects on the child's psyche and development. Diversion is the best effort that can be done to protect the rights of the child perpetrators of crime and instill a sense of responsibility to the child. And the application of diversion in traffic accidents has obstacles because it is more about the formulation of a compensation agreement that the victim wants and the ability of the party. the perpetrator and the family of the perpetrator of a criminal act, causing frequent disputes and resulting in difficulties in obtaining a good and fair agreement by both parties.

TINJAUAN KRIMINOLOGIS TERHADAP KEBEBASAN SEKSUALITAS ANAK DI KUTAI KARTANEGARA Dian Puspitasari
Journal of Law ( Jurnal Ilmu Hukum ) Vol 6, No 1 (2019)
Publisher : Universitas 17 Agustus 1945 Samarinda

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ABSTRAK Indonesia is a country that upholds justice can live harmoniously and peacefully so that law enforcement in Indonesia must be upheld. Freedom Child sexuality is one form that can cause negativity for victims.Indonesia as a law state provides protection for every citizen with the enforcement of applicable laws in Indonesia. What are the considerations in this thesis are what factors cause freedom of sexuality for children? and How do you deal with child sexuality in Kutai Karatenegara according to law? Sources of data that can be obtained from the author are obtained from books and laws and regulations relating to the existing debate.Based on the conclusions, the authors suggest that prevention has been carried out by the police which involves the spread of schools such as elementary schools, junior high schools, and high schools and also controls in places reviewed by researchers conducting research on moral norms, also as parents too. participate in the obligation to provide guidance on the development of children and the imposition of appropriate penalties by judges as repressive efforts.Keywords ; Children, Sexual Freedom.

TINJAUAN YURIDIS TENTANG OMNIBUS LAW KETENAGAKERJAAN DALAM SITUASI PANDEMI COVID-19 Anjar Pariwardana Hartono
Journal of Law ( Jurnal Ilmu Hukum ) Vol 7, No 2 (2021)
Publisher : Universitas 17 Agustus 1945 Samarinda

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ABSTRACTCovid-19 has had a lot of impact on society, one of which is the reduction in occasional work drops during the Covid-19 period. The Manpower Omnibus Law which many Indonesians reject because of several articles that were not approved by the community, especially workers, were issued during the Covid-19 pandemic which was allegedly benefiting employers. The problem that arises in this matter is to discuss the problems that arise as a result of this Omnibus Law and its application in Indonesia in the situation of the Covid-19 pandemic. The type of research used in this research is a type of normative legal research with a statute approach.The results of the study explain that the existence of the omnibus law on employment is detrimental to employees in terms of wages, working hours and holidays (leave), status of contract workers, severance pay and the situation during the Covid-19 pandemic is not the right time to implement omnibus. Law and Omnibus Law is a legal concept that focuses on simplifying the number of regulations because of its revising and repeal of many laws as well as regulatory issues are complete problems, not only from too many of them, but also the problem of content that does not match the content material. . The Omnibus Law on Cipta Kerja does not take care of some of the principles in the Regulatory Order. Then, the application of the Manpower Omnibus Law should not only be to support from an economic point of view. Keywords: Employment, Omnibus Law, Covid-19.

PERLINDUNGAN HUKUM TERHADAP BURUH BORONGAN YANG BEKERJA TIDAK BERDASARKAN PERJANJIAN TERTULIS Iwa Reza Marima
Journal of Law ( Jurnal Ilmu Hukum ) Vol 6, No 2 (2020)
Publisher : Universitas 17 Agustus 1945 Samarinda

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AbstractLegal protection of wholesale workers means discussing the rights of workers after fulfilling their obligations, while employers have always regarded workers as weak, while workers are less aware of their rights and responsibilities. The issues in this study are simple forms of employment that are not based on written agreements and how legal protections against working wholesale workers are not based on written agreements. Wholesale labor is work that counts results. Legal protection for workers has a legal basis that is protected by Law No. 13 of 2003 on Employment. The method used in this study uses the normative juridical research method. According to the research results, the protection of workers / workers who are not working under a written agreement has a legal basis that is protected by Law No. 13 of 2003 on Employment. 3 (three) types of protection covers economic protection, technical protection and social protection. Forms of employment that are not under written agreement are permanent and occupations that have a maximum period of 3 (three) months. Workers are given protection in the form of health and safety, morals and morals, treatment of human dignity and dignity and religious values.

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Contact Name
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Contact Email
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Phone
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Journal Mail Official
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Editorial Address
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Location
Kota samarinda,

Kalimantan timur

INDONESIA