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Jurnal Akta Yudisia
Published by Universitas Borneo Tarakan
ISSN : 25022253     EISSN : 26865963     DOI : -
Core Subject : Humanities, Education, Social,
Humanities Law, Crime, Criminology & Criminal Justice Social Sciences Other
Jurnal Akta Yudisiaaims to develop legal sciences with focus on providing original essay, legal commentaries, responses to article printed to the journal, both establishes and emerging academic and practioners. Jurnal Akta Yudisia published on January and July. It contains articles on doctrine and scholarship.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 100 Documents
 1   2   3   4   5 
ANALISIS PUTUSAN PENGADILAN NEGERI SURABAYA NOMOR: 3094/PID.B/2013 TENTANG ALAT BUKTI OLEH HAKIM DALAM PASAL 114 AYAT (2) JUNCTO PASAL 132 AYAT (1) UU RI NOMOR 35 TAHUN 2009 TENTANG NARKOTIKA Aran, Tobias Gula
JURNAL AKTA YUDISIA Vol 2, No 1 (2017): Jurnal Akta Yudisia Vol. 2 Nomor 1
Publisher : Universitas Borneo Tarakan

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (240.977 KB) | DOI: 10.35334/ay.v2i1.978

Abstract

Abstract In this research examines two issues, namely the Surabaya District Court Decision No. 3094 / Pid.B / 2013 In accordance with Evidence presented at trial and Parameter Verification assessed Judges in Crime Article 114 paragraph (2) in conjunction with Article 132 ( 1) Act No. 35 of 2009 on Narcotics, based on a normative juridical research, using the approach of Legislation, Case approach, analytical approach, the purpose of this study was to analyze the state court decision Surabaya number: 3094/Pid.B/2013 appropriate evidence presented at the hearing, stated that in this ruling the judge has not given a sense of justice for law enforcement against criminal acts Narcotics correspond to the penalty set out in the Act, and to describe the parameters of proof is rated Judge in a criminal act of Article 114 paragraph (2) in conjunction with Article 132 paragraph (1) of Law No. 35 Year 2009 on Narcotics, as the basis of the assessment of evidence by the judge.Keywords: Court Decision Analysis, Evidence, Narcotics
KEBIJAKAN HUKUM PIDANA DALAM PERTANGGUNGJAWABAN KORPORASI DI BIDANG KETENAGAKERJAAN (Undang-Undang Nomor 13 Tahun 2003 Tentang Ketenagakerjaan) Setiawan, Eric Prima
JURNAL AKTA YUDISIA Vol 1, No 2 (2016): Jurnal Akta Yudisia Vol. 1 Nomor 2
Publisher : Universitas Borneo Tarakan

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (272.699 KB) | DOI: 10.35334/ay.v1i2.973

Abstract

Abstract The development process of modernization shows that corporations play an important role in society. However, in achieving the goals and interests, corporations occasionally commit acts in violation of the law and result in the victim suffering a loss. Corporations in the field of labor also commit offenses or crimes in the form of actions that ignore the security and safety of laborers. It means that the corporation has ignored the interest of the laborers. Act No. 13 of 2003 on Labor is the legal basis for the laborers. Therefore it is necessary to make unequi vocal and explicit arrangements about corporations? liability in general within the act. The method used in this thesis is a normative juridical with a conceptual and legislation approach. Act No. 13 of 2003 on Labor still has not regulate explicitly the corporations? liability to the victims of corporations? crime. It is because there is no specific regulation on sanctions replacement if the corporation does not pay the principal financial penalties imposed and there is no provision governing when a corporation does not meet its obligations to pay for the rights and/or compensation to laborers. The effort of ius constituendum related to corporations' liability is to en act a separate regulation expressly and explicitly regarding corporations' liability in general within the act. Thus, the criminal law policy of corporations' liability in the field of labor can be realized.Keywords : Corporate, Corporations? Liability, Labor.
PERJANJIAN TERAPEUTIK SEBAGAI DASAR BAGI DOKTER DALAM MEAKUKAN PENANGANAN MEDIS Alwy, Sabir; Afdhal, Afdhal
JURNAL AKTA YUDISIA Vol 4, No 1 (2019): Jurnal Akta Yudisia Volume 4 Nomor 1
Publisher : Universitas Borneo Tarakan

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (247.178 KB) | DOI: 10.35334/ay.v4i1.1020

Abstract

AbstractThis research aims to determine the relationship between doctor and patient in a therapeutic agreement, as provided for in Informed Consent and? the law of medical practice for doctors and patients understand the obligations and responsibilities as well as provide insights for health professionals, especially physicians about the importance of treaties in creating therapeutic medical services appropriate to the patient.The research was conducted at two hospitals in the city of Makassar is Wahidin Sudirohusodo Hospitals and Hospitals Grestelina. Primary data collection instruments and interviews conducted with the data sender done with literature study and data collection at two institutions. Data were analyzed qualitatively.The results showed that the Therapeutic relationship that occurs between doctor and patient is currently well underway with the hospital where doctors and Grestelina Wahidin Sudirohusodo been clearly understood to provide information needed by patients from both phases of history, diagnosis/ so that everything recorded in prognosis medical records. The patient could complain of illness, but patients tend to be resigned to that advice from doctors is not done. Doctors and hospitals Wahidin Sudirohusodo Grestelina has done its responsibility in caring for patients with always do a routine for inpatients and how to be polite and respect the limits of its competence by following per under the oath that doctors say. Patients have appreciated doter with trying to provide honest information in which the function of creating belief between doctor and patient. Sudirohusodo Wahidin hospital doctors and medical services Grestelina have done in the form of counseling to the patient in choosing the appropriate medication and treatment conditions quickly for emergency room patients are by the SOP (Standard Operating Procedure). SOP (Standard Operating Procedure also regulates every doctor who wants to practice in the hospital, and Grestelina Wahidin Sudirohusodo must have the STR (letter of registration) and SIP (Permit Practice) through the provisions made by the Institute COUNCIL (Physician Discipline Committee) and the Organization of Ethics.
KERUKUNAN ANTARUMAT BERAGAMA DALAM PERSPEKTIF HUKUM PIDANA Esther, July
JURNAL AKTA YUDISIA Vol 1, No 2 (2016): Jurnal Akta Yudisia Vol. 1 Nomor 2
Publisher : Universitas Borneo Tarakan

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (228.421 KB) | DOI: 10.35334/ay.v1i2.968

Abstract

Abstract Religious diversity is often a challenge in harmony, there is still statically addressed (exclusive), has not led to a motion proactive in building unity among religious. Harmony among religious believers in the perspective of criminal law refers to one of the articles in the Code of Penal about setting Crimes Against Public Order, namely Article 156a, which is the rider with the Presidential Decree of the Republic of Indonesia Number 1 / the 1965 on the Prevention of Abuse and / or blasphemy. Treatment of the perpetrators either individual or organization or belief is preceded procedural measures and stages of criminal sanctions for perpetrators of violations of Article 1 of the Republic of Indonesia Presidential Decree No. 1 / the 1965 as the final sanction which wants peace.Keywords: harmony, religious communities, the criminal law.
PERSAMAAN HUKUM KEBEBASAN BERPOLITIK ANGGOTA TENTARA NASIONAL INDONESIA DAN KEPOLISIAN NEGARA REPUBLIK INDONESIA DALAM PEMILIHAN UMUM DI INDONESIA Kurniawan, Basuki
JURNAL AKTA YUDISIA Vol 3, No 1 (2018): Jurnal Akta Yudisia Vol. 3 Nomor 1
Publisher : Universitas Borneo Tarakan

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (450.583 KB) | DOI: 10.35334/ay.v3i1.984

Abstract

ABSTRACT??The members of INA and PIR don?t give right to vote and be elected in general elections because there is worried about right to vote and be elected will be bringing on not neutral in general election, with the result that general elections principle is direct, general, secret, honest, and fair will not be achieved if right to vote and be elected is given. Although that worried still be able to debate in theoretical. It is becaused if right to vote and be elected for members of INA and PIR are given, so will not influence the vote result majority in general elections. The concept? to give right to vote and be elected? for members INA and PIR in general elections need to be implemented, because in the first general elections in 1955 the members of INA and PIR follow to vote and be elected in general election, and than there was not problem happen in thats time. Because of that? be alternative thought bargained? in this thesis; The concept? of? legal protection? for members INA and PIR in political freedom is looked from human right protection principle is given? freedom for members INA and PIR? to vote the candidates house representatives, house representative region, house representative people, President and Vice President with free without any pressures from the institution INA and PIR. And than? for the members INA and PIR propose their self as candidates the members House Representative, House Representative Region, House Representative People, President and Vice President permitted to be candidate as form of political freedom to every people?Keyword: legal equality, political freedom, general election.
PRINSIP-PRINSIP NEGARA HUKUM DALAM AL-QURAN DAN AS-SUNAH DAN IMPLEMENTASINYA DI INDONESIA Hamimah, Siti
JURNAL AKTA YUDISIA Vol 2, No 1 (2017): Jurnal Akta Yudisia Vol. 2 Nomor 1
Publisher : Universitas Borneo Tarakan

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (421.117 KB) | DOI: 10.35334/ay.v2i1.979

Abstract

Abstract As known in the Republic of Indonesia, which is the basis of its legal life is Pancasila, both as outlined in the preamble nor the body of the Constitution of 1945. And therefore the whole law dibujo by the state or government in the broadest sense, is not permitted contrary to God's law, even more so, any order made law, must berksaran above and diktunjukan for the implementation of the law of God. It en el mar as a logical consequence than the precepts on God in Pancasila, which is legally binding, to the people and the government to put it into practice. Inside the Pancasila enviar, religion has a central position. In it, embodied the principle that puts religion and to the Lordship of the Almighty in a position first and foremost. Therefore, it can not not, religion, also, must, admittedly, has a position, which is important, main, deep, effort, reform, law, criminal, national. Therefore, the authors are interested, write to, approach, law, Islam, about, practice, constitutional, that is, Indonesia, by referring, on the principles, contained in the Qur'an and the Sunnah of the ProphetKeywords : Prinsiple, Pancasila, civil law
ANALISIS PUTUSAN PENGADILAN NEGERI SURABAYA NOMOR: 3094/PID.B/2013 TENTANG ALAT BUKTI OLEH HAKIM DALAM PASAL 114 AYAT (2) JUNCTO PASAL 132 AYAT (1) UU RI NOMOR 35 TAHUN 2009 TENTANG NARKOTIKA Tobias Gula Aran
JURNAL AKTA YUDISIA Vol 2, No 1 (2017): Jurnal Akta Yudisia Vol. 2 Nomor 1
Publisher : Universitas Borneo Tarakan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35334/ay.v2i1.978

Abstract

Abstract In this research examines two issues, namely the Surabaya District Court Decision No. 3094 / Pid.B / 2013 In accordance with Evidence presented at trial and Parameter Verification assessed Judges in Crime Article 114 paragraph (2) in conjunction with Article 132 ( 1) Act No. 35 of 2009 on Narcotics, based on a normative juridical research, using the approach of Legislation, Case approach, analytical approach, the purpose of this study was to analyze the state court decision Surabaya number: 3094/Pid.B/2013 appropriate evidence presented at the hearing, stated that in this ruling the judge has not given a sense of justice for law enforcement against criminal acts Narcotics correspond to the penalty set out in the Act, and to describe the parameters of proof is rated Judge in a criminal act of Article 114 paragraph (2) in conjunction with Article 132 paragraph (1) of Law No. 35 Year 2009 on Narcotics, as the basis of the assessment of evidence by the judge.Keywords: Court Decision Analysis, Evidence, Narcotics
PERLAWANAN PIHAK KETIGA (DERDEN VERZET) TERHADAP EKSEKUSI BARANG BUKTI ATAS PUTUSAN PENGADILAN YANG TELAH BERKEKUATAN HUKUM TETAP( INKRACHT VAN GEWIJSDE) TERKAIT TINDAK PIDANA Fatria Gunawan
JURNAL AKTA YUDISIA Vol 4, No 2 (2019): Jurnal Akta Yudisia Volume 4 Nomor 2
Publisher : Universitas Borneo Tarakan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35334/ay.v4i2.1195

Abstract

ABSTRACT A judge's decision concerning evidence in a criminal case is not closed, possibly causing problems in the future. Including the emergence of resistance by third parties who feel that their rights and interests have been harmed by the evidence.The research method used is a normative juridical research method with a conceptual approach, a legal approach and case approach.Based on the results of the study can be concluded first; Ratio Desidendy the decision of the Binjai District Court Number: 22 / Pdt.Plw / 2012 / PN.BJ dated 21 February 2013 that resistance was the guarantor of Darman's debt to the CV Showroom. Jaya Mobilindo because of the principal agreement to buy and  sell 1 unit of car carried out by Darman with CV Showroom. Jaya Mobilindo, where resistance does not know the relationship between Darman and the Survived Als. Adi related to the a quo car unit. Therefore according to the provisions of article 24 of Law No. 42 of 1999 concerning the Fiduciary Guarantee above, then The opponent should not be burdened with the obligation  to bear the risk of loss of objects that are used as fiduciary guarantees for unlawful acts committed by Suriadi Als. Adi, Defendant in Case No. 265 / Pid.B / 2012 / PN.BJ. Therefore, opponents are third parties with good intentions that must be protected by their rights and interests.Second: The third party's legal efforts to defend civil rights against the execution of evidence related to criminal offenses are by carrying out resistance efforts (derdenverzet. As an extraordinary legal measure used by third parties to refute or fight the execution of seizures carried out by the court. this law is carried out by third parties with the intention that their rights and interests are harmed as a result of the execution of seizure to get legal protection.Criminal legal measures can also be taken by third parties when their interests and rights are harmed as a result of a court decision in a criminal case. Third party property is used as evidence in a criminal case, because it is used by the defendant in committing a crime, so that one of the dictums of the court decision in the criminal case is confiscating evidence for a country that is actually owned by a third party that is not involved am criminal case. Keywords, Derden Verzet, Decision, Execution, Evidence, Criminal Act
KEBIJAKAN HUKUM PIDANA DALAM PERTANGGUNGJAWABAN KORPORASI DI BIDANG KETENAGAKERJAAN (Undang-Undang Nomor 13 Tahun 2003 Tentang Ketenagakerjaan) Eric Prima Setiawan
JURNAL AKTA YUDISIA Vol 1, No 2 (2016): Jurnal Akta Yudisia Vol. 1 Nomor 2
Publisher : Universitas Borneo Tarakan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35334/ay.v1i2.973

Abstract

Abstract The development process of modernization shows that corporations play an important role in society. However, in achieving the goals and interests, corporations occasionally commit acts in violation of the law and result in the victim suffering a loss. Corporations in the field of labor also commit offenses or crimes in the form of actions that ignore the security and safety of laborers. It means that the corporation has ignored the interest of the laborers. Act No. 13 of 2003 on Labor is the legal basis for the laborers. Therefore it is necessary to make unequi vocal and explicit arrangements about corporations’ liability in general within the act. The method used in this thesis is a normative juridical with a conceptual and legislation approach. Act No. 13 of 2003 on Labor still has not regulate explicitly the corporations’ liability to the victims of corporations’ crime. It is because there is no specific regulation on sanctions replacement if the corporation does not pay the principal financial penalties imposed and there is no provision governing when a corporation does not meet its obligations to pay for the rights and/or compensation to laborers. The effort of ius constituendum related to corporations' liability is to en act a separate regulation expressly and explicitly regarding corporations' liability in general within the act. Thus, the criminal law policy of corporations' liability in the field of labor can be realized.Keywords : Corporate, Corporations’ Liability, Labor.
PERJANJIAN TERAPEUTIK SEBAGAI DASAR BAGI DOKTER DALAM MEAKUKAN PENANGANAN MEDIS Sabir Alwy; Afdhal Afdhal
JURNAL AKTA YUDISIA Vol 4, No 1 (2019): Jurnal Akta Yudisia Volume 4 Nomor 1
Publisher : Universitas Borneo Tarakan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35334/ay.v4i1.1020

Abstract

AbstractThis research aims to determine the relationship between doctor and patient in a therapeutic agreement, as provided for in Informed Consent and  the law of medical practice for doctors and patients understand the obligations and responsibilities as well as provide insights for health professionals, especially physicians about the importance of treaties in creating therapeutic medical services appropriate to the patient.The research was conducted at two hospitals in the city of Makassar is Wahidin Sudirohusodo Hospitals and Hospitals Grestelina. Primary data collection instruments and interviews conducted with the data sender done with literature study and data collection at two institutions. Data were analyzed qualitatively.The results showed that the Therapeutic relationship that occurs between doctor and patient is currently well underway with the hospital where doctors and Grestelina Wahidin Sudirohusodo been clearly understood to provide information needed by patients from both phases of history, diagnosis/ so that everything recorded in prognosis medical records. The patient could complain of illness, but patients tend to be resigned to that advice from doctors is not done. Doctors and hospitals Wahidin Sudirohusodo Grestelina has done its responsibility in caring for patients with always do a routine for inpatients and how to be polite and respect the limits of its competence by following per under the oath that doctors say. Patients have appreciated doter with trying to provide honest information in which the function of creating belief between doctor and patient. Sudirohusodo Wahidin hospital doctors and medical services Grestelina have done in the form of counseling to the patient in choosing the appropriate medication and treatment conditions quickly for emergency room patients are by the SOP (Standard Operating Procedure). SOP (Standard Operating Procedure also regulates every doctor who wants to practice in the hospital, and Grestelina Wahidin Sudirohusodo must have the STR (letter of registration) and SIP (Permit Practice) through the provisions made by the Institute COUNCIL (Physician Discipline Committee) and the Organization of Ethics.

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