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OPTIMALISASI PEMBINAAN NARAPIDANA PEREMPUAN SEBAGAI UPAYA MENCEGAH TERJADINYA RESIDIVIS DI LEMBAGA PEMASYARAKATAN PEREMPUAN KELAS IIA SAMARINDA Tubagus Sukma Wardhana
Journal of Law ( Jurnal Ilmu Hukum ) Vol 8, No 1 (2022): Journal of Law
Publisher : Universitas 17 Agustus 1945 Samarinda

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ABSTRACTOne of the things that destroys the community system is the existence of criminals - recurring criminals or what is commonly known as recidivists. These criminals usually repeat the same crimes, even though he has already been sentenced.The type of research that the author uses is empirical juridical research, which is a type of empirical juridical research, or what is called field research, which examines the applicable legal provisions and what happens in reality in society.The results of the study stated that the guidance carried out by the Class II A women's penitentiary Samarinda was not yet effective, but the handling was in accordance with Law Number 12 of 1995 concerning Corrections, which implementation was regulated by Government Regulation No. 31 of 1999 concerning Guidance and Guidance of prisoners and the obstacles faced by the Class II A women's penitentiary Samarinda in an effort to prevent recidivists from occurring are the insufficient number of security officers, the number of assisted residents (residents) that exceeds the capacity, facilities / infrastructure, human resources , marketing the results of limited skills, culture and society, funds, and social and economy. Keywords: Guidance, Prisoners, and Rescue

TINJAUAN PERLAKUAN KHUSUS TERHADAP DEBITUR BANK PADA MASA PANDEMI COVID-19 DI BANK BCA KANTOR CABANG UTAMA SAMARINDA Billy Arifin
Journal of Law ( Jurnal Ilmu Hukum ) Vol 8, No 1 (2022): Journal of Law
Publisher : Universitas 17 Agustus 1945 Samarinda

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ABSTRACTIONThe emergence of Covid-19 greatly affected the growth of the economic and financial sectors in Indonesia. The government through the Financial Services Authority (OJK) has released a regulation on national economic stimulus due to the spread of Coronavirus Disease 2019 (Covid-19). As a form of support for this policy, BCA established a policy regarding credit restructuring as a form of special treatment given to Debtors affected by the 2019 Coronavirus Disease pandemic. The issue raised in this paper is how BCA Bank Samarinda Main Branch Office responds to the Financial Services Authority (OJK) Regulation. 2020 regarding the national economic stimulus as a countercyclical policy on the impact of the spread of coronavirus disease 2019 and whether special treatment of Debtors during the Covid-19 period affected the balance of interests between BCA Bank, Samarinda Main Branch Office and its debtorsThis type of research is a type of empirical legal research that is oriented to primary data (results of field research).The results showed that PT Bank Central Asia Tbk. (BCA) at both the Samarindan City branch office and all BCA branches in Indonesia fully supports government policies in an effort to prevent and cope with the Coronavirus Disease 2019 (Covid-19) pandemic. As a form of support, BCA establishes a policy regarding credit restructuring, namely providing relief to Debtor customers affected by Coronavirus Disease 2019 (Covid-19) in adjusting payment of obligations. BCA in this case provides relief or restructuring in several forms tailored to the condition of the debtor and / or the debtor's business. Through this stimulus policy, BCA views this step as a policy in accordance with objective conditions as an effort to protect the interests of the common economy. Through this stimulus policy, banks will also have the opportunity to have wider movement so that the formation of bad loans can be controlled and make it easier to provide new credit to their borrowers. By encouraging the optimization of banking performance, particularly the intermediation function, maintaining financial system stability and supporting economic growth. Keywords: Special Treatment Forests, Covid-19, BCA.

AKIBAT HUKUM BAGI PIHAK YANG MENGUASAI HARTA WARISAN DALAM PERSPEKTIF HUKUM ISLAM Virga Eka Pertiwi
Journal of Law ( Jurnal Ilmu Hukum ) Vol 8, No 1 (2022): Journal of Law
Publisher : Universitas 17 Agustus 1945 Samarinda

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ABSTRACTInheritance is the transfer of ownership of property from a person who dies to someone who is still alive. In family life, it is possible for problems such as inheritance to occur. Inheritance often causes disputes because there are heirs who control greedily to own the entire inheritance without wanting to share it with other heirs. In addition, other factors that trigger inheritance disputes because the implementation of the distribution of inheritance in Indonesia is diverse, causing differences in the legal system that makes many people do not understand about inheritance law so that they often have misunderstandings.The type of research method used in this paper is mormative law research with a concentration on positive law inventory, legal principles and legal doctrine, legal discovery, legal systematics, synchronization and legal comparison.The legal consequences for the party who controls the inheritance without the approval of the other heirs to the detriment of the other heirs, are obliged to compensate materially or immaterially for the heirs who feel that their rights have been harmed due to violating the obligations as regulated in Article 175 paragraph 1 of the Legal Compilation. Islam and can be categorized as an unlawful act. Meanwhile, efforts that can be made by heirs who do not obtain inheritance because they have been controlled by other heirs are to conduct mediation first, but if they do not obtain a settlement agreement, then they may file an inheritance lawsuit to the Religious Court with the applicable terms and procedures.Keywords: Legal Consequences, Heirs, Inheritance, Islamic Law.

PEMISAHAN BERKAS PERKARA (SPLITSING) OLEH PENUNTUT UMUM DALAM PROSES PEMBUKTIAN SUATU TINDAK PIDANA PADA DELIK PENYERTAAN Wisnu Waskitara
Journal of Law ( Jurnal Ilmu Hukum ) Vol 8, No 1 (2022): Journal of Law
Publisher : Universitas 17 Agustus 1945 Samarinda

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ABSTRACTCriminal justice system is a term that indicates a working mechanism in crime prevention by using a basic system approach. All forms of participation or involvement of people both physically and psychologically in each act so that it gives birth to a criminal act is called participation (Deelneming). The separation of case files (splitsing) by the Public Prosecutor is one of the actions in law enforcement. Splitsing is carried out so that the elements of the offense from each defendant are fulfilled and in an effort to avoid a shortage of witness evidence.The purpose of writing is to find out the basis for the consideration of the Public Prosecutor in separating case files (splitsing) in a criminal case and knowing how to prove from a case file using the splitting method of case files (splitsing) in the inclusion offense. The type of research method used is empirical juridical using a sociological approach. Data collection techniques using interview techniques and data obtained from the research location using qualitative descriptive analysis techniques to answer the problems.The results of the research and discussion concluded that the Public Prosecutor in splitting the case files (splitsing) in a criminal case is to prove the guilt of the defendant in the trial, in criminal cases there is a shortage of witnesses, the status between the defendants is different, there are defendants who are still underage, cases that are offenses participation (deelneming), and in cases where some of the perpetrators have not been caught. Meanwhile, the method of proof from a case file using the splitting method for the inclusion offense is in the testimony of witnesses in which the defendant is used as a witness for other defendants, due to the lack of witness evidence in the case of participation crimes (deelneming). The trial process used remains the same as for ordinary criminal cases in general.

TINJAUAN HUKUM PEMBENTUKAN BADAN USAHA MILIK DESA (BUMDES) DITINJAU DARI UNDANG-UNDANG NOMOR 6 TAHUN 2014 TENTANG DESA Tobi Ricardo
Journal of Law ( Jurnal Ilmu Hukum ) Vol 8, No 1 (2022): Journal of Law
Publisher : Universitas 17 Agustus 1945 Samarinda

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ABSTRACTLaw Number 6 of 2014 concerning Villages raises hope for the progress of the Village to increase its role in the economic system. Village-Owned Enterprises are regulated in CHAPTER X Article 87 paragraph 1 of Law Number 6 of 2014 concerning Villages, stating "Villages can establish Village-Owned Enterprises called BUMDes". In the Formation of Village-Owned Enterprises in Indonesia, there are still many villages that have not been able to form and do not understand how to establish Village-Owned Enterprises that have been mandated by the Village Law.The problem raised in this paper is how the process of forming a Village-Owned Enterprise is and what factors cause failure in the formation of a Village-Owned Enterprise. The type of research used is normative juridical research, based on researching library materials or secondary data consisting of primary legal materials, secondary legal materials and non-legal materials.The results showed that the process of forming a village-owned enterprise was carried out with the Village Deliberation to determine the name of the village-owned enterprise, select the board of directors, design and establish village regulations and articles of association, then register the village-owned enterprise at the ministry that carries out government affairs in the legal field. and human rights to obtain a legal entity certificate. Factors that cause failure in the formation of Village-Owned Enterprises are forming village-owned enterprises by trial and error without proper study, determining or choosing which business to run even though they do not master the chosen business, ending up giving up and being afraid to repeat, weak human resources and the limited basic infrastructure of a village.

TINJAUAN YURIDIS PERJANJIAN KONTRAK KERJA KARYAWAN TEMPAT HIBURAN MALAM DI KOTA SAMARINDA PADA MASA PANDEMI COVID-19 Rahmat Andi Saputro
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 The presence of the Covid-19 virus has had a very broad impact. In particular, the night entertainment industry has also been affected by the Covid-19 pandemic in Samarinda City. With this pandemic, it will also affect the work contract agreement at night entertainment venues, especially regarding the rights and obligations between Muse Entertaimant and employees.The problems raised in this study are the work contract agreements for night entertainment employees in Samarinda City during the Covid-19 pandemic and forms of legal protection for the rights of night entertainment employees in Samarinda City during the Covid-19 pandemic.The type of research used is normative juridical research, the problem approach used in writing this thesis is a statutory approach.The results showed that the form of employment contract agreement at Muse Entertainment Samarinda had implemented a work contract agreement in accordance with Article 1 paragraph (14) of Law Number 13 of 2003 concerning Manpower. Then the contents of the agreement letter contain some of the requirements listed and are in accordance with the provisions in Article 52 paragraph (1) of Law Number 13 of 2003 concerning Manpower. In the employment contract agreement, there is no stipulation on what to do when an unexpected event occurs. Muse Entertaimant Samarinda continues to carry out its obligations by providing fixed wages and benefits but no bonuses. Bonuses are non-fixed allowances in the sense that they are only given when a target is achieved. The form of protection of workers' rights that is carried out by Muse Entertainment in terms of economic protection provides employees' rights in the form of wages and fixed benefits to employees, as well as providing social welfare protection that can be said to be successful in retaining all of its employees even though in difficult situations like this, not all companies can do it. Keywords: Employment Contract, Covid-19, Night Entertainment

PERLINDUNGAN HUKUM BAGI PEMBELI PADA PT. NEW VILLA GREEN PADAT KARYA INDAH JALAN PADAT KARYA LOA BAKUNG KOTA SAMARINDA (PERUMAHAN UNIT TERBATAS) Aldila Wijayanti Putri
Journal of Law ( Jurnal Ilmu Hukum ) Vol 8, No 2 (2022): Journal of Law
Publisher : Universitas 17 Agustus 1945 Samarinda

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ABSTRACTHousing as one of the basic needs in humans, both as a unit with fellow natural environment. This natural relationship is the place to be and at the same time the means that support and provide the materials needed for property ownership as regulated in the 1945 Constitution in chapter X, which is included in Human Rights which has regulated those relating to property ownership as contained in Article 27 Paragraph 1 which reads: "every citizen has the right to move, move and reside in the territory of the Republic of Indonesia". Article which reads: "everyone has the right to live and live a decent life". Human social beings are always in contact with other humans, the interactions that only occur in communication do not have human and socio-cultural dimensions, but also involve legal aspects, including Civil Law. In this research, the type of research used is normative legal research or library law research because it is in the form of secondary data such as legislation and literature books, in this study the method of accessing and research is mostly taken from library materials, namely materials that contain scientific knowledge. new or up-to-date, or new understandings of known facts or ideas, in this case including books, journals, dissertations or theses and other legal materials. This normative legal research material fully uses primary legal materials and secondary legal materials.Development usually has several considerations in determining the price to sell the house, such as the location of the house which is strategically located, having architects and workers who are experts in house construction, being able to complete the construction of the house exactly as agreed.Article 18 paragraph (1) of the consumer protection law states that business actors are prohibited from including standard clauses in agreements regarding giving rights to business actors to reduce the benefits of services or reduce the assets and assets of consumers who are the object of buyig and selling services.

ANALISIS PERIZINAN PERKEBUNAN KELAPA SAWIT PT. EQUALINDO MAKMUR ALAM SEJAHTERA Verri Setiawan
Journal of Law ( Jurnal Ilmu Hukum ) Vol 8, No 1 (2022): Journal of Law
Publisher : Universitas 17 Agustus 1945 Samarinda

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ABSTRACTION During this Covid-19 pandemic, the Oil palm plantations are one of the mainstays of a superior community in order to support the development of the Indonesian national economy by opening up wide-open job opportunities. Indonesia has various wealth products that can improve the welfare of the people in order to increase regional income. In line with Law Number 32 of 2009 concerning Environmental Protection and Management, it is explained that “every business and or activity that has an important impact on the environment must have an Amdal. the formulation of the problem in this study How to analyze the environmental impact on oil palm plantations of PT. Equalindo Makmur Alam Sejahtera and what are the legal consequences for the environmental impact of PT. Equalindo Makmur Alam Sejahtera.This type of research is a type of empirical legal research, empirical legal research is oriented to primary data (research results in the field). The qualitative approach is carried out by conducting direct research in the field, namely by describing the special treatment of the Environmental Impact Analysis of oil palm plantations at PT. Equalindo Makmur Alam Sejahtera, as well as conducting interviews with several respondents who were deemed able to provide information.The result of this research and discussion is that PT. Equalindo Makmur Alam Sejahtera has conducted socialization regarding the company's AMDAL. In the event that it is not certain whether PT. Equalindo Makmur Alam Sejahtera has or not an AMDAL or Environmental Permit related to the oil palm plantation business being carried out. And the result of the environmental impact is the company's administrative sanctions in the form of termination of business licenses. Keywords: Environmental Impact Analysis, Legal Consequences, Oil Palm Plantation

KEDUDUKAN ANAK ANGKAT DALAM HAK WARIS MENURUT KITAB UNDANG–UNDANG HUKUM PERDATA Adelia Rosalina
Journal of Law ( Jurnal Ilmu Hukum ) Vol 8, No 1 (2022): Journal of Law
Publisher : Universitas 17 Agustus 1945 Samarinda

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AbstractAdoption of a child is an act in a legal event that gives birth to a new relationship, namely between the adoptive parents and the adopted child. Adoption of children in Indonesia is a common thing for Indonesian people, not a few of those who are not blessed with children adopt children. The purpose of writing is to find out the procedure for adopting children according to the Civil Code Law and to find out the position of the adopted child in obtaining inheritance rights according to the Civil Law Code. The type of research method used is a normative research method with a statute approach. Data collection techniques were carried out by literature study and data processing was carried out by collecting complete literature. The results of the research and discussion concluded that the adoption procedure can be carried out bymeans of prospective adoptive parents registering their application and then waiting for an email to conduct a trial by presenting the applicant's witnesses to strengthen the information in the adoption process, if accepted, the panel of judges will decide and make a court ruling. . While the position of an adopted child in inheritance rights according to civil law is the same as a biological child/legitimate child, for that he has the right to inherit the inheritance of his adoptive parents according to law or inherit based on testamentary inheritance law if he gets a testament (will grant).

PENGEMBALIAN KERUGIAN KEUANGAN NEGARA DALAM TAHAP PENYIDIKAN TINDAK PIDANA KORUPSI Akad Edi Kurniawan
Journal of Law ( Jurnal Ilmu Hukum ) Vol 8, No 2 (2022): Journal of Law
Publisher : Universitas 17 Agustus 1945 Samarinda

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ABSTRACT Recovery of state financial losses by efforts to recover state financial losses in corruption crimes in reality still faces obstacles both at the procedural level and at the technical level. At the procedural level, certain legal instruments are needed that are appropriate in accordance with the modus operandi of the crime and the object of the legal problem. In the case of a criminal act of corruption, the results of a criminal act in the form of state finances are in fact not only accepted or enjoyed by the defendant, but also received or enjoyed by a third party who is not a defendant. The formulation of the problem raised is How is the legal arrangement for returning state financial losses in the investigation stage of corruption and how is the Procedure for Returning State Financial Losses in the Implementation Stage of Corruption Crimes.The type of research used is normative juridical research library research with the problem approach used in writing this thesis is the statute approach and field research to obtain data. from corruption. These efforts are regulated in Law Number 31 of 1999 as amended by LAW Number 20 of 2001 concerning Eradication of Criminal Acts of Corruption, Law Number 7 of 2006 concerning Ratification of the United Nations Convention Against Corruption (Anti-Corruption Convention), Law Number 15 of 2002 as amended by LAW Number 25 of 2003 concerning the Crime of Money Laundering (Law on Money Laundering), Law Number 1 of 2006 concerning Mutual Assistance in Criminal Matters and the process of returning state finances in the implementation the case decisions are Asset Search, Confiscation of Assets/Wealth, Prosecution of Compensation Payments and Execution/Implementing Court Decisions Regarding Refund of State Financial Losses Keywords: Corruption, Return of State Finances, Investigation

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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