Jurnal Ilmu Hukum The Juris
JURNAL ILMU HUKUM "THE JURIS" adalah Jurnal ilmiah yang diterbitkan secara berkala oleh SEKOLAH TINGGI ILMU HUKUM AWANG LONG, SAMARINDA. Pemilihan dan penggunaan kata THE JURIS dimaksudkan untuk menunjukkan pemetaan lingkup ide dan gagasan dari para praktisi, akademisi, dan ilmuan hukum yang difokuskan pada berbagai isu strategis mengenai hukum baik di tingkat nasional maupun internasional.
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<![CDATA[PROSES PENYUSUNAN PERUNDANG-UNDANGAN DITINJAU DARI HUKUM DAN KEBIJAKAN PUBLIK ]]>
<![CDATA[Nina Yolanda]]>
<![CDATA[ The Juris Vol 6 No 1 (2022): JURNAL ILMU HUKUM : THE JURIS ]]>
Publisher : <![CDATA[Sekolah Tinggi Ilmu Hukum Awang Long ]]>
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DOI: 10.56301/juris.v6i1.415
<![CDATA[Not a few laws and regulations that have been passed by the Indonesian government are tested in the Constitutional Court. This phenomenon shows how important it is for lawmakers and public policy makers to always link law-making with the public policy process, especially at the formulation stage so that the law made has an established substance and strengthens public policy at the implementation stage. This study aims to find and explain the relationship between law and public policy and the stages of the policy formulation process for drafting a bill. This type of research uses a descriptive qualitative approach using a documentation study. Based on the results of the study, the authors conclude that the relationship between law and public policy in the field of study of public policy formulation lies in the similarity of processes, mutual support and mutual strengthening.]]>
<![CDATA[PENGAMPUAN UNTUK PENDERITA PENYAKIT OTAK MULTIPLE SYSTEM ATROPHY (ANALISA PUTUSAN PENGADILAN NEGERI SURAKARTA NOMOR 213/PDT.G/2019/PN.SKT.) ]]>
<![CDATA[Ghina Daifinah]]>;
<![CDATA[Arsin Lukman]]>
<![CDATA[ The Juris Vol 6 No 1 (2022): JURNAL ILMU HUKUM : THE JURIS ]]>
Publisher : <![CDATA[Sekolah Tinggi Ilmu Hukum Awang Long ]]>
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DOI: 10.56301/juris.v6i1.416
<![CDATA[In course to carry out a legal act, a person must meet the qualification requirements one of which is not under custody. Custody is a form of representation that is carried out by a person to legal subjects who are not legally capable, in this case an incompetent adult. Brain disease is one of the requirements for people who are capable of age but under custody, where the custodian is a person can be trusted to carry out their legal actions and the person under his or her custody. Request for custody must be submitted to the District Court.]]>
<![CDATA[ANALISIS KEBIJAKAN PEMERINTAH DALAM PELAYANAN KEPELABUHAN DAN KESELAMATAN LINGKUNGAN PELAYARAN PADA TERMINAL PETI KEMAS PALARAN SAMARINDA ]]>
<![CDATA[Esti Royani]]>;
<![CDATA[Dody Hasrizal Siahaan]]>
<![CDATA[ The Juris Vol 6 No 1 (2022): JURNAL ILMU HUKUM : THE JURIS ]]>
Publisher : <![CDATA[Sekolah Tinggi Ilmu Hukum Awang Long ]]>
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DOI: 10.56301/juris.v6i1.417
<![CDATA[One of the product and services that play an important role in the port services and shipping safety. Port services is very important because the service is not only about security, but even more a problem of life safety for users of transport services or shipping. Shipping in terms of working time and discipline is the arrangements relating to the problems of the transport. The transport of goods and passengers both in accordance with international conventions in the field of shipping. Shipping safety is a requirement that must be met in the transport in the sea, harbor and maritime environment. Where the ship as a means of transport at the sea must be able to following the safety requirements, prevention of the sea pollution, manning, load line, stowage, the welfare of the crew and passenger health and legal status.Thus the policy of the Government in the service of port and shipping environmental safety must be undertaken in accordance with the guidelines supported by loyalty in encouraging the desired results either by the Government itself as a regulator or for the service users and the public.In addition to policy issues concerning safety and security of shipping as a public service institution, course the quality of service to the parties concerned, especially in the field of port services which affect the safety of shipping.]]>
<![CDATA[TINJAUAN YURIDIS ATAS KEWAJIBAN NOTARIS DALAM MEMBACAKAN AKTA NOTARIS DAN IMPLIKASI HUKUMNYA (Studi Putusan Mahkamah Agung No. 351 PK/Pdt/2018) ]]>
<![CDATA[Adela Destaliya]]>;
<![CDATA[Mohamad Fajri Mekka Putra]]>
<![CDATA[ The Juris Vol 6 No 1 (2022): JURNAL ILMU HUKUM : THE JURIS ]]>
Publisher : <![CDATA[Sekolah Tinggi Ilmu Hukum Awang Long ]]>
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DOI: 10.56301/juris.v6i1.418
<![CDATA[This journal discusses the juridical review of the obligation of a notary to read a notarial deed and the legal implications of not reading a notary deed, based on Supreme Court Decision No. 351 PK/Pdt 2018, which in this review decision, the Panel of Judges annul: (i) Decision on cassation (Supreme Court Decision Number 560 K/Pdt/2016); (ii) Decision on appeal (Decision of the Bandung High Court with Decision Number 477/PDT.2014.PT.Bdg); and (iii) the decision of the Cibadak District Court (by Decision Number 27/Pdt.G/2013/PN Cbd.,). In the High Court's decision, the Sale and Purchase Binding Deed Number 12 made before Notary DS dated June 25, 2010 was canceled with the consideration that Notary DS as the defendant did not read the deed to the plaintiff, namely Sunardi's heirs, in this case the seller and owner of the land object. and delaying for more than 3 (three) years not providing a copy of the deed to the seller and then canceling the deed of sale and purchase agreement binding agreement between Sunardi's heirs and PT Sinar Timur Industrindo. However, in the review decision, the Panel of Judges considered that there was an error from the Judge to cancel the deed of sale and purchase agreement without involving one of the parties making the agreement (PT Sinar Timur Astrindo) in the lawsuit because in the decision there were only Sunardi heirs as the land owner (in the case as the seller) and PT Sinar Timur Industrindo (in the case as the buyer) were not involved and became parties to the lawsuit. The panel of judges considered that this violated the principles of contract law.]]>
<![CDATA[PERLINDUNGAN HUKUM TERHADAP ANAK NIKAH SIRI DARI PERSPEKTIF HUKUM POSITIF ]]>
<![CDATA[Andri Wahyudi]]>
<![CDATA[ The Juris Vol 6 No 1 (2022): JURNAL ILMU HUKUM : THE JURIS ]]>
Publisher : <![CDATA[Sekolah Tinggi Ilmu Hukum Awang Long ]]>
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DOI: 10.56301/juris.v6i1.419
<![CDATA[Children are a mandate and gift from God Almighty, who has inherent dignity and worth as a complete human being whose rights must be protected without being discriminated against. The presence of children in a marriage is a joy and priceless. However, children from unregistered marriages or marriages that are not registered by the state have different legal protections from children from marriages registered by the state. The formulation of the problem in this study is how the law of unregistered marriage according to Positive Law and how the legal protection of children born from the result of unregistered marriage. In this study, the authors use library research methods, namely research that uses books as a source of data. In this case, the author conducts research by examining library materials, whether in the form of books, laws, journals, fiqh books, and other sources relevant to the formulation of the problem that will be studied by the author. Legal protection for children from unregistered marriages if viewed from the perspective of Positive Law, namely the status of the child does not have a father or child from outside of marriage and does not have a lineage to his father. The government should immediately amend all products of the Marriage Law to suit the appropriate conditions in society that protect all groups and interests.]]>
<![CDATA[PEMBUATAN BERITA ACARA RAPAT UMUM PEMEGANG SAHAM YANG MEMUAT TANDA TANGAN PALSU OLEH NOTARIS (Studi Kasus Putusan Nomor 148/Pid.B/2019/PN Gin) ]]>
<![CDATA[Cipta Primadasa]]>
<![CDATA[ The Juris Vol 6 No 1 (2022): JURNAL ILMU HUKUM : THE JURIS ]]>
Publisher : <![CDATA[Sekolah Tinggi Ilmu Hukum Awang Long ]]>
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DOI: 10.56301/juris.v6i1.420
<![CDATA[A negligent notary will cause problems that can cause legal defects in the notary deed and cause a lawsuit on the notary. there is an omission of a notary because the notary does not pay attention in the principle of prudence therefore the Notary in the process of making an authentic deed so that in practice there are often problems that often arise due to the crimes of the parties such as falsifying identity, fake signatures, fake receipts, false certificates and fake letters that cause legal defects in the notary deed and result in criminal and civil law loopholes for the notary, Even in practice, there are often notaries called both as witnesses and even as suspects because of their problematic deeds. This research method uses Normative Juridical. The problem in this study is how to compensate for losses due to actions that have been done by notaries based on decision No. 148 / Pid.B / 2019 / PN. Gin? and Why the judge's consideration in the decision Number 148 / Pid.B / 2019 / PN. Gin stated that a Notary who is proven to falsify signatures is not a criminal offense? The conclusion of this study is because the incorrect signature is to imitate the signature of others, whether with his consent or not. Notaries are faced with a loss where obtaining letters and information by the parties is false then it can harm a notary who has carried out his duties in good faith is even considered to participate because the parties provide false statements into the authentic notary deed.]]>
<![CDATA[IMPLIKASI PUTUSAN MAHKAMAH KONSTITUSI NOMOR 91/PUU-XVIII/2020 TERHADAP SEKTOR PENGUPAHAN ]]>
<![CDATA[Irayadi]]>
<![CDATA[ The Juris Vol 6 No 1 (2022): JURNAL ILMU HUKUM : THE JURIS ]]>
Publisher : <![CDATA[Sekolah Tinggi Ilmu Hukum Awang Long ]]>
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DOI: 10.56301/juris.v6i1.421
<![CDATA[Wages are all kinds of payments arising from an employment contract, regardless of the type of work and denomination. Wages are income received by workers which is a reward for the work that has been done. Legal arrangements related to wages have been regulated in Law Number 13 of 2003 concerning Manpower and Government Regulation Number 78 of 2015 concerning Wages. However, over time, these legal arrangements have changed. One of them is the establishment of a new regulation, namely Law Number 11 of 2020 concerning Cipa Kerja. The judicial review of the law was carried out by the Constitutional Court in November 2021, the Constitutional Court (MK) had read out Decision Number 91/PUU-XVIII/2020 regarding the submission of judicial review from several parties regarding Law Number 11 of 2020 concerning Job Creation ( Job Creation Law). The research method uses normative legal methods, sources of legal materials include primary, secondary and tertiary legal materials. The technique of collecting legal materials uses literature study and the technique of analyzing legal materials uses descriptive qualitative techniques. The results of the study show that the Constitutional Court's Decision Number 91/PUU-XVIII/2020 related to the judicial review of the Job Creation Law on the Wage Sector has had extraordinary legal impacts in the aspects of legislation and administration. Regarding the wage sector, in this case the Job Creation Law abolishes, changes and introduces new regulations regarding wages. If the Manpower Law only recognizes the type of minimum wage, then Article 88B of the Job Creation Law contains the concept of wages with units of time and results based on hours. The abolition of the sectoral minimum wage resulted in no difference in wages adjusted to the specifications of expertise per sector.]]>
<![CDATA[PERAN PEJABAT PEMBUAT AKTA TANAH DALAM MENDUKUNG IMPLEMENTASI TRANSFORMASI DIGITAL LAYANAN PERTANAHAN TERKAIT SERTIPIKAT ELEKTRONIK ]]>
<![CDATA[Nurul Farahzita]]>;
<![CDATA[Fransiscus Xaverius Arsin]]>
<![CDATA[ The Juris Vol 6 No 1 (2022): JURNAL ILMU HUKUM : THE JURIS ]]>
Publisher : <![CDATA[Sekolah Tinggi Ilmu Hukum Awang Long ]]>
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DOI: 10.56301/juris.v6i1.422
<![CDATA[The issuance of the Regulation of the Minister of Agrarian Affairs and Spatial Planning/Head of the National Land Agency (ATR/BPN) Number 1 of 2021 concerning Electronic Certificates as a form of digital transformation of land services resulted in changes in the pattern of land services carried out by Land Deed Making Officials (PPAT) as public officials. in the land sector. With these changes, a PPAT is required to be able to develop and master the procedures for digital land services, this also poses several obstacles in its implementation. This study aims to make a PPAT know the role and procedures for digital land services to support its performance and be able to overcome problems that arise in the field of electronic services. This study uses a qualitative method with an analytical descriptive approach with data obtained through observation, documentation and interviews with sources. The results of this study indicate that PPAT has a role in implementing the digital transformation of land services in terms of educating the public about legal actions on certified land, using biometric record technology in verifying people, preventing embezzlement or identity falsification, ensuring the suitability of certificates with information from Database and ensure the suitability of the subject of rights and the parties in the deed.]]>
<![CDATA[ANALISIS YURIDIS SENGKETA TANAH ULAYAT DI LUBUK BASUNG SUMATERA BARAT ]]>
<![CDATA[Adella Maulana]]>;
<![CDATA[Surastini Fitriasih]]>
<![CDATA[ The Juris Vol 6 No 1 (2022): JURNAL ILMU HUKUM : THE JURIS ]]>
Publisher : <![CDATA[Sekolah Tinggi Ilmu Hukum Awang Long ]]>
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DOI: 10.56301/juris.v6i1.423
<![CDATA[West Sumatra has a lot of ulayat lands, namely land that is jointly owned by customary law communities, whether it belongs to a certain suku (tribe) or kaum (people). This often results in land conflits. This study aims to review the protection of land customary rights in Indonesia and analyze how the decision of the Lubuk Basung District Court Number 6/Pdt.G/2021/PN Lbb protects the land customary rights. This study uses a qualitative method with a normative juridical approach. Results of the study stated that the Judge decided that the certificate registration process made without the approval of Kaum and Head of Mamak Waris was considered legally flawed and prohibited under Minangkabau customary law. This study also finds that this dispute occurs because of a confusion about the origin of the object of dispute, a thing that is common because of the characteristics of ulayat land that are inherited generation to generation.]]>
<![CDATA[KORELASI HUKUM INVESTASI DAN KUALITAS INDEKS DEMOKRASI DI INDONESIA ]]>
<![CDATA[Yusuf Muhamad Said]]>;
<![CDATA[Sumiryasih]]>
<![CDATA[ The Juris Vol 6 No 1 (2022): JURNAL ILMU HUKUM : THE JURIS ]]>
Publisher : <![CDATA[Sekolah Tinggi Ilmu Hukum Awang Long ]]>
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DOI: 10.56301/juris.v6i1.424
<![CDATA[Indonesia is a developing country that needs foreign investors and local investors in order to increase economic growth and create job opportunities for the increasing number of unemployed. The government believes that effective and efficient regulation will eliminate various obstacles for investors and will reduce the high costs that are often avoided by investors. The formulation of the problem in this study is whether the behavior of investors in general in investing relates to the democratic value of a destination country, and whether a low democracy index and a high corruption index have an impact on capital owners who continue to invest. In this study, the author uses a normative juridical research method, by explaining the analysis of the thing being studied (hermeneutic discipline). With the results of the study that in the study it was found that the growth of the democracy index in Indonesia was stable at low, as well as the corruption index was stable at high, but the investment graph had an upward trend. The decline in investment in a country, especially in Indonesia and Miyanmar, is not due to the improvement in the quality of democracy and low levels of corruption, but is more influenced by the military codeta and the occurrence of riots or riots that are difficult for the security authorities to control.]]>
