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KEWENANGAN DINAS PERHUBUNGAN DALAM PENGATURAN LALU LINTAS DAN ANGKUTAN JALAN DI KOTA SAMARINDA Priyo Prayogi
Journal of Law ( Jurnal Ilmu Hukum ) Vol 7, No 2 (2021)
Publisher : Universitas 17 Agustus 1945 Samarinda

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ABSTRACTThe development of the city of Samarinda is accompanied by an increase in the use of transportation facilities to support community activities and mobility. The need for the provision of supporting transportation facilities cannot stand alone through one party alone, this requires the participation of technical institutions, namely the Department of Transportation, the Police, and the Public Service. In taking action against violators, the authority of the Transportation Service is as a technical implementer according to Law Number 22 of 2009 concerning Road Traffic and Transportation that all actions that are owned and carried out must be based on statutory regulations. Such action can only be carried out by Civil Servant Investigators (PPNS) who further coordinate with the State Police Officers of the Republic of Indonesia. The problem in this writing is how the authority of the Samarinda City Transportation Service in regulating traffic and road transportation in the city of Samarinda and the obstacles faced by the Samarinda City Transportation Office in regulating road traffic and transportation in the city of Samarinda.The writing of this thesis uses Normative and Empirical research methods, namely research methods that use secondary data and primary data in assessing and tracking the regulations governing the authority of the Samarinda City Transportation Agency.Keywords: Authority, Department Of Transportation, Traffic

AKIBAT HUKUM TERHADAP PELAKU TINDAK PIDANA TERORISME DALAM PERSPEKTIF HUKUM POSITIF DAN HUKUM ISLAM DI INDONESIA Bagus Sulaksono
Journal of Law ( Jurnal Ilmu Hukum ) Vol 7, No 2 (2021)
Publisher : Universitas 17 Agustus 1945 Samarinda

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AbstractTerrorism is an act that uses violence or threats of violence that create an atmosphere of terror or widespread fear, which can cause mass casualties, and/or cause damage or destruction to strategic vital objects, the environment, public facilities, or international facilities with ideological, political, or security disturbance motives. Terrorism involves groups that attempt to overthrow certain regimes, correct group/national grievances, or undermine the international political order. The main element of terrorism is the existence of acts of violence, political differences being the main motive, taken either individually or in groups by spreading fear against the opposing party so that the ruling regime fulfills its demands. Terrorism is also carried out by killing the race of a nation because of feelings of revenge or political problems. Terrorism like this includes crimes against human rights, which deliberately destroy or destroy all or part of a national group or ethnic race. The regulation of criminal acts of terrorism according to positive law in Indonesia and Islamic law, namely in Law Number 5 of 2018, while Islamic law is based on the al-Qur’an and the Hadith of the Prophet. Criminal sanctions for criminal acts of terrorism according to positive law in Indonesia and Islamic law are : (1) Law Number 5 of 2018 in the form of imprisonment and capital punishment, and (2) Islamic law in the form of Jarimah hudud. This criminal act of terrorism is also included in the finger of qishash who is sentenced to death if there is no amnesty (amnesty). If the perpetrators surrendered and laid down their weapons, the suppression was stopped and they were rebels guaranteed the safety of their lives and assets, then the government (ulil amri) could forgive them or punish them with ta’zir punishment. Keywords : Crime, Islamic Law, Legal Consequences, Perpetrators, Positive Law, Terrorism

KEKUATAN PERDAMAIAN YANG DILAKSANAKAN DIDALAM SIDANG PERDATA DI PENGADILAN NEGERI SAMARINDA BERDASARKAN PERMA NO. 01 TAHUN 2016 TENTANG MEDIASI DAN AKIBAT HUKUMNNYA Mega Awalia Majid
Journal of Law ( Jurnal Ilmu Hukum ) Vol 8, No 1 (2022): Journal of Law
Publisher : Universitas 17 Agustus 1945 Samarinda

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ABSTRACT As individuals who have free will, humans have their own interests. These interests are often in the same direction and in line with the interests of others around them. However, their interests often conflict with each other, giving rise to disputes or disputes that interfere with the harmony of living together. Based on that event, rules are needed as a means to solve problems that arise in order to create balance in life in order to create peace.law enforcers in mediation procedures are mediators and one of the common mediators is judges in district courts. In his duties, a mediator must work according to existing procedures. Due to a change in the mediation procedure through a Supreme Court regulation issued by the government, as for the formulation and limitation of the problem, how is the power of peace implemented in the Samarinda District Court session in relation to Perma no. 1 of 2016 and how is the existence of mediation in the settlement of peace in the Samarinda District Court according to Regulation No. 1 of 2016.The peace deed as outlined in the court's decision has three powers like an ordinary decision, namely binding power, evidentiary power, and executive power. The existence of mediation in the settlement of civil disputes in court in PERMA No. 1 of 2016 contains ten regulatory principles regarding the use of integrated mediation in court (court-connected mediation) which includes mandatory mediation, the autonomy of the parties, mediation in good faith.the disputing parties should be able to carry out problem-solving by means of deliberation before going through a court process which can take time and a lengthy trial process. Keywords: the power of peace, mediation

PENGELUARAN DAN PEMBEBASAN NARAPIDANA DALAM RANGKA PENCEGAHAN DAN PENANGGULANGAN PENYEBARAN COVID-19 DI LEMBAGA PEMASYARAKATAN DALAM PERSPEKTIF HUKUM POSITIF DI INDONESIA Ayu Yosine
Journal of Law ( Jurnal Ilmu Hukum ) Vol 7, No 2 (2021)
Publisher : Universitas 17 Agustus 1945 Samarinda

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AbstractThe Indonesian government through the Ministry of Law and Human Rights takes steps to minimize the impact of Covid-19 on Prisoners and Detainees in Prisons by granting Assimilation and Integration Rights for Prisoners, this step is carried out by the Ministry of Law and Human Rights by releasing Prisoners to prevent them. the spread of Covid-19. In this decision, the Government's consideration in carrying out the release is due to the high occupancy rate in prisons, so they are vulnerable to contracting the Corona virus. Seeing this impact, issued a Regulation of the Minister of Law and Human Rights of the Republic of Indonesia Number M.HH-19.PK.01.04.04 of 2020 concerning the Release and Release of Prisoners through Assimilation and Integration in the Context of Preventing and Combating the Spread of Covid-19. The issues raised in this paper are the Release and Release of Prisoners in the Context of Preventing and Controlling the Spread of Covid-19 in Prisons Can be Justified by Law and There are Special Requirements in the Implementation of the Release and Release of Prisoners in the Context of Preventing and Controlling the Spread of Covid-19 in Correctional Institutions. The type of research used is juridical normative research, legal research which is carried out by examining library materials or secondary materials, with the problem approach used in the writing of this thesis is legislation. The statutory approach is carried out by examining all laws and regulations. The results of the study indicate the provision of assimilation and integration for prisoners through the Minister of Law and Human Rights Regulation Number 10 of 2020 and the Decree of the Minister of Law and Human Rights Number M.HH-19.PK.01.04.04 of 2020. and it can be justified according to law, that almost all prisons in the country are overcapacity, making them vulnerable to the threat of the Corona Virus Diseases (Covid-19) pandemic. Keywords:Prisoner’s Release, Pandemic Covid-19.

TINJAUAN YURIDIS TERHADAP ANAK BEDA AGAMA BERDASARKAN HUKUM ISLAM Sania Silviani
Journal of Law ( Jurnal Ilmu Hukum ) Vol 8, No 1 (2022): Journal of Law
Publisher : Universitas 17 Agustus 1945 Samarinda

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ABSTRACTWith its diversity of culture, race, customs, and religions, Indonesia is faced with a variety of legal perspective issues, in this case, related to controlling the change of belief and inheritance. These view differences often create legal problems, especially when it comes to inheritance. In Islamic law, it is defined that the right of children with a different religion to claim their parents' assets after they die will be obstructed (hijab). This Islamic inheritance law is different from the Indonesian civil law. Therefore, it is interesting to examine the inheritance law according to Islamic law in Indonesia. This study employs a normative method that analyses data from both primary and secondary legal materials. This study aims to determinehow Islamic law applies to the juridical evaluation of children with different religions. This examination is crucial because children are the descendants and the successors of theirparents. However, at a time when religious differences complicate their inheritance right, it will become a serious issue. In Islamic law, it does not necessarily mean that children will lose their right to a legal review or their inheritance right. It has been explained in The Quran and Shahih Bukhari that children with different religions due to conversion are highly praised. It is also stated that children will inherit their parents' assets through a method of “gift” or giving someone a present while they are still alive.

TANGGUNG JAWAB DEVELOPER BAGI KONSUMEN ATAS PERJANJIAN JUAL BELI RUMAH DENGAN MEKANISME PERJANJIAN PERIKATAN JUAL BELI (PPJB) Christian Luther Manopo
Journal of Law ( Jurnal Ilmu Hukum ) Vol 8, No 1 (2022): Journal of Law
Publisher : Universitas 17 Agustus 1945 Samarinda

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ABSTRACTBuying a house usually begins with PPJB as a binder between the developer and the consumer. However, over time, the implementation has been in many portraits of mourning that often reveal the news in the country that disappoints the public as consumers. The low awareness and knowledge of consumers so that they have a greater risk of consumer rights. The problem raised in this paper is the responsibility of the developer to the consumer for the house sale agreement with the mechanism of the sale and purchase agreement (PPJB) and the efforts that can be made by the consumer if the developer does not implement the sale and purchase agreement (PPJB).The type of research used is normative juridical with a statute approach.The responsibility of the developer to the consumer is the loss suffered by the consumer as regulated in Article 19 of Law Number 8 of 1999 concerning Consumer Protection. The developer is also responsible for correct information as well as building quality assurance. The developer's responsibility does not end there, during construction to the maintenance period the developer is also responsible for the quality of the building until the end of all sale and purchase binding agreements and the efforts made by consumers if the developer is unable to carry out the sale and purchase agreement (PPJB), namely, The first step is to ask the developer for existing problems, it can call or reprimand the developer. If it is not from the developer, it can file a lawsuit with the local district court. Keywords: Responsibility, Sale And Purchase Agreement, Developer

ANALISIS YURIDIS HAK TANGGUNGAN DIATAS HAK GUNA BANGUNAN BERASAL DARI HAK PENGELOLAAN ASET PEMERINTAH DAERAH (Studi di Perumahan Korpri Jalan Jakarta Loa Bakung Samarinda) Yulia Eka Saputri
Journal of Law ( Jurnal Ilmu Hukum ) Vol 7, No 2 (2021)
Publisher : Universitas 17 Agustus 1945 Samarinda

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ABSTRACTLand rights in Indonesia are divided into 2 major parts, namely (1) permanent land rights such as property rights, building use rights, and business use rights. (2) Land rights that are not permanent such as Mortgage Rights (formerly called Hypotheek), Mortgage Rights only apply to immovable objects in the form of land and building rights only.The problem is that Mortgage Rights can be expressly granted over land rights as referred to in the Mortgage Law. The relationship between Mortgage Rights and other rights, as the object of Mortgage, cannot be disputed, but this issue arises in relation to land rights which are permanent in nature over Management Rights which are still land assets belonging to the East Kalimantan Provincial Government.Whereas the implementation of PP Number 40 of 1996 which regulates Building Use Rights can be used as objects of Mortgage Rights, there is a regulatory dichotomy, because Law Number 4 of 1996 clearly regulates that the objects of Mortgage are Building Use Rights, which come from Property Rights, State Land, and Management rights are not questioned. Likewise, the dichotomy states that it is the object of transition that must receive a recommendation. Keywords: Building Use Rights, Local Government

PERTANGGUNGJAWABAN OKNUM NOTARIS DALAM TINDAK PIDANA TURUT SERTA MELAKUKAN PENGGELAPAN SERTIFIKAT Dicky Armandau
Journal of Law ( Jurnal Ilmu Hukum ) Vol 8, No 1 (2022): Journal of Law
Publisher : Universitas 17 Agustus 1945 Samarinda

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ABSTRACTA Notary is an ordinary person who in carrying out his duties may deviate from the applicable legal rules.The method used in this research is normative, which examines and relates criminal acts committed by a notary with the concept of legal principles and elements of criminal acts based on the Criminal Code (KUHP) and the Law on Notary Positions (UUJN).The purpose of this study is to find out how the responsibility of notaries in criminal acts of participating in embezzlement of Property Rights Certificates based on Court Decisions and how the legal consequences of criminal convictions participate in embezzling Property Rights Certificates by notaries who have permanent legal force against the implementation of the position of a Notary and Notary code of ethics.The result of this research is that although the Notary Position Act (UUJN) does not regulate the existence of criminal sanctions against a Notary, it does not mean that a Notary as a public official is immune from the law. If a Notary in carrying out his duties is proven to have committed a crime and fulfills its elements, a Notary can be sentenced to criminal sanctions in accordance with the crime he has committed, which will refer to the Criminal Code (KUHP).Criminal responsibility for embezzlement committed by a Notary, namely a Notary will be given a prison sentence if he has fulfilled the elements of a criminal act of embezzlement as stipulated in Article 372 of the Criminal Code in conjunction with Article 55 paragraph (1) first.The legal consequences received by a Notary if he commits a criminal act and has permanent legal force with imprisonment for less than 5 (five) years, the Notary can still continue his profession as a Notary as long as he is not dishonorably dismissed by the Ministry of Law and Human Rights. Keywords: Accountability; embezzlement; Notary

PELAKSANAAN PIDANA DENDA DALAM PERKARA TILANG KENDARAAN BERMOTOR DI PENGADILAN NEGERI KELAS 1A SAMARINDA Busyiri Busyiri
Journal of Law ( Jurnal Ilmu Hukum ) Vol 7, No 2 (2021)
Publisher : Universitas 17 Agustus 1945 Samarinda

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AbstractTraffic violations in the City of Samarinda are increasing because of the lack of awareness of road users about driving rules. In general, there are still many people who do not know about the process of ticketing cases in Samarinda District Court. The purpose of this study was to determine the trial process of traffic violations in Samarinda District Court, to find out the Judges' considerations in passing a fine decision on a ticket case and to know the decision on a fine in a ticket case, whether or not an appeal was made according to Law Number 22 of 2009 concerning Traffic and road transport. The research method used in this study is the Juridical Empirical and Normative Juridical where research data are sourced from primary, secondary and tertiary data. The results of the study revealed that the trial proceedings at the Samarinda District Court were carried out by a quick examination and the offenders were subject to criminal sanctions based on court decisions. It is known that the Judge's consideration in imposing a fine verdict on a speeding case explains that the Judge already has a data table on traffic violations regarding the amount of the fine to be imposed based on the violation article and the court's determination regarding traffic violations in the form of criminal fines cannot be appealed yet but if the decision is in the form of deprivation of liberty or imprisonment, an appeal can be filed according to the provisions in Article 214 paragraph (4) of the Criminal Procedure Code.

TINJAUAN YURIDIS PUTUSAN AKTA PERDAMAIAN DI PENGADILAN AGAMA SAMARINDA MENGENAI HAK ASUH ANAK DI BAWAH UMUR PASCA PERCERAIAN Febri Safrian
Journal of Law ( Jurnal Ilmu Hukum ) Vol 8, No 1 (2022): Journal of Law
Publisher : Universitas 17 Agustus 1945 Samarinda

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ABSTRACTEveryone desires that the marriage he undertakes to remain intact throughout his lifetime, but many marriages which are so painstakingly established have to end in a divorce. the husband and wife who are going to divorce need to consider the problem of the child who has been born in that marriage. In the case of divorce, it will have legal consequences for the child, especially in the custody of minors. This research uses the juridical normative method, namely research that refers to the legal norms contained in statutory regulations and court decisions from the Religious Courts regarding the peace deed decisions regarding the custody of minors after divorce. The court is passive, meaning that it is just waiting, the initiative to take legal remedies is entirely dependent on the parties who are in the case, the Religious Courts should be able to impose sanctions on one of the parties who do not implement what has been agreed in the peace deed, thus the Court can impose sanctions on the parties. who do not implement what has been agreed in the peace deed? If there is a violation, the aggrieved party can submit a new application to the Head of the Religious Court to determine the implementation of the contents of the peace deed decision. Keywords: Peace Deed, Child Custody

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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