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INDONESIA
DEDIKASI JURNAL MAHASISWA
Published by Universitas 17 Agustus 1945 Samarinda
ISSN : -     EISSN : -     DOI : -
Core Subject : Education,
Education
Arjuna Subject : -
Articles 76 Documents
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Search results for , issue "Vol 1, No 1 (2018)" : 76 Documents clear
BENTUK PERBUATAN MELAWAN HUKUM AKIBAT PEMBIARAN TERHADAP TIDAK LAYAKNYA ALAT TRANSPORTASI KAPAL YANG MENGALAMI KECELAKAAN DI TINJAU DARI ASPEK HUKUM PERDATA POSITIF Renreng, M. Ridha
Journal of Law ( Jurnal Ilmu Hukum ) Vol 1, No 1 (2018)
Publisher : Universitas 17 Agustus 1945 Samarinda

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ABSTRACTWhereas Article 1365 of the Civil Code states that any unlawful act, which carries harm to another person, requires a person who, for whose fault, issues the loss, compensates for such loss. That there are 3 (three) categories of unlawful acts, namely: Unlawful acts because of intent; Unlawful acts without error; The law against negligence. Regarding the form of counterfeiting against the unlawful vessel of the ship's shipwreck, it requires an interpretation to find the answer whether it is in the category of intent or legal action without error or act against the law because of negligence. The authors argue that since it has been previously known by the businessman of the ship's transfor- mation tool and the continued operation of the ship's transportation means it is a category of unlawful acts of intent. Therefore, the accountability of the action against the law according to the positive civil law as Article 1365 of the Civil Code shall be imposed on the damnant of such losses in this case that the loss is imposed on the vessel's transportation entrepreneurs because the act of omitting the tranfortation equipment of the vessel which has remained in operation, that the ship's transfotation equipment is not feasible operation and remains operated. In the Ordinance of 1935 ships has been specified on the requirements of the vessel's eligibility in making the voyage as well as licensing requirements issued by the Indonesian Bureau of Classification or issued by the government through the Syahbandar Office and the Head of the Office of the Transportation Service. For and to be safe in the voyage, the surface water vessels shall be equipped with letters of vessels which are guarantees for the eligibility of the vessel to sail in accordance with the requirements specified in the Orders of 1935 ships and the Ordinance of 1927 inland vessels as well as the rules of their operation . A ship is said to be worthy of a screen to transport passengers and / or goods if it has a certificate of perfection. This is mentioned in Article 6 paragraph (1) and (3) Ordinance of ships 1935. Keywords  : Unlawful Actions, Losses Resulting from Omission and Negligence
PROBLEMATIKA TANGGUNG JAWAB PENGUSAHA KAPAL PERAIRAN DARAT TERHADAP PENGGUNA JASA ANGKUTAN Kamasi, Andrie
Journal of Law ( Jurnal Ilmu Hukum ) Vol 1, No 1 (2018)
Publisher : Universitas 17 Agustus 1945 Samarinda

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ABSTRACT That in the ordinance of 1935 ships has been specified on the requirements of the vessel's eligibility in making the voyage as well as the requirements in the form of licenses issued by the Indonesian Classification Bureau or issued by the government c.q. Syahbandar and Head of Transportation Office. For and to be safe in the voyage, the surface water vessels shall be equipped with letters of vessels which are guarantees for the eligibility of the vessel to sail in accordance with the requirements specified in the Orders of 1935 ships and the Ordinance of 1927 inland vessels as well as the rules of their operation . A ship is said to be worthy of a screen to transport passengers and / or goods if it has a certificate of perfection. This is mentioned in Article 6 paragraphs (1) and (3) Ordinance of ships of 1935. In the conduct of transport in inland waters especially freight transport, the carrier and freight forward generally never make a written transport agreement but is made orally, rights and obligations of the parties are practically not illustrated clearly. In the event of any adverse event of money to the sending party because of damage, loss or loss of an item due to errors or omissions of the carrier, the carrier usually still compensates, although not as much as the actual losses it incurred. In the case of carriage of passengers (persons), the carrier shall always be held liable for losses suffered by a passenger if he is injured or dead, without any obligation to the passenger or his heirs to prove his right to remedy, sufficient when he postulates that he suffered injuries caused by the transport. The presumption only disappears if the carrier can prove that the loss occurred not by mistake on his part or inevitably (overmacht) or due to passenger fault it self, is problem the continue and solution not yet. Keywords: Sailing Ships, Transportation Issues, Transportation of Goods and People
ASPEK HUKUM TERHADAP PENYALURAN KREDIT MIKRO YANG BERMASALAH PADA PT. BANK MANDIRI (PERSERO) TBK CABANG SAMARINDA Greschela, Greschela
Journal of Law ( Jurnal Ilmu Hukum ) Vol 1, No 1 (2018)
Publisher : Universitas 17 Agustus 1945 Samarinda

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ABSTRACT                Problem loans often occur in credit agreements. In micro credit channeling by PT. Bank Mandiri (Persero) Tbk Samarinda Branch, not always the credit provided by Bank Mandiri to the debtor will run smoothly as expected in the credit agreement. Environmental conditions, moral factors and weaknesses that can affect the smooth debtor's obligations with Bank Mandiri so that loans channeled to debtors have the potential to cause failure or problems. For that effort made by Bank Mandiri in the settlement of problematic microcredit through the settlement of billing, Restructuring, Settlement, Collateral Liquidation, Settlement via third party, NPL (Non Performing Loan) Disposal, Delete Book and Clear Billing. The purpose of the research is to understand and know the factors that cause the problem of microcredit problems and efforts to solve them. The method used in this paper is an empirical juridical method that focuses on field research, which examines the applicable legal provisions as well as actual or actual circumstances. Keywords : Credit Micro, The Credit Agreement, Bad Debts and completion.
KETERLAMBATAN BARANG PESANAN IMPOR BERDASARKAN PERATURAN MENTERI PERDAGANGAN NOMOR 82 TAHUN 2016 TENTANG KETENTUAN IMPOR BESI ATAU BAJA, BAJA PADUAN DAN PRODUK TURUNANNYA DI PT. TRAKINDO UTAMA SAMARINDA Arifin, Muhammad Bustanil
Journal of Law ( Jurnal Ilmu Hukum ) Vol 1, No 1 (2018)
Publisher : Universitas 17 Agustus 1945 Samarinda

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ABSTRACTThe purpose of the study to determine the impact and which become an obstacle in the booking Imported goods include Iron or Steel, Alloy Steel and its Derivatives on the issuance of Minister of Trade Regulation Number 82 Year 2016 in the PT. Trakindo Utama Samarinda.There are some things impact and become an obstacle in the booking Imported goods include Iron or Steel, Alloy Steel and its Derivatives on the issuance of Minister of Trade Regulation Number 82 Year 2016 in the PT. Trakindo Utama which is as follows: a long time needed to confirm the Surveyors need in the Verification which are not listed in regulations and which amount is not determined by considering the base benefits, contrary to the objective of Minister of Trade Regulation Number 82 Year 2016, namely, that to encourage the improvement of national competitiveness, the need to perform the simplification of licensing in the field of trade,  in particular the imports of iron or steel, alloy steel, and its derivatives. The impact Decreased performance and the credibility of related to the willingness of the spare parts category iron Steel in PT. Trakindo Utama Samarinda or PT. Trakindo Utama Indonesia as the dealer Caterpillar Indonesia started to become a material consideration relevant government and in the business world. Keywords : PT. Trakindo Utama, Regulation of the Minister of Trade Number 82 of 2016 concerning Provisions on the Import of Iron or Steel, Alloy Steel, and its Derivative Products.
TINJAUAN YURIDIS TERHADAP PUNGUTAN BIAYA PEMBUATAN SURAT TANAH SPORADIKDI DESA JUK AYAQ KECAMATAN TELEN KABUPATEN KUTAI TIMUR Lopez, Mario
Journal of Law ( Jurnal Ilmu Hukum ) Vol 1, No 1 (2018)
Publisher : Universitas 17 Agustus 1945 Samarinda

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ABSTRACT            The people of Juk Ayaq Village most of their livelihoods are farmers and generally have no proof of ownership of land rights, but the facts on the ground have in fact controlled the land for quite some time. Thus, for the purposes of the registration of the land in question, the public often make a letter of their own making and known by the Village Government or Village. In practice in the local community that this certificate is often called “sporadic”, but based on real conditions, in practice that the making of the letter the land that the community says as sporadic is apparently accompanied by a number of administrative fees charged by the local village or village government as they signature in the certificate, although in the provisions of the prevailing laws and regulations, there is no fee for letters the land.                                                                                                                  Based on the results of the research obtained can be seen that based on interviews with various parties, especially on the community / applicant aims to strength law against ownership of land can get legal certainty, so that people who initially did not recognize the legal status of the land but with the social development of the community today assumes that the status of the land must get legal guarantees under the applicable provisions, although also in practice various ways remain to be followed and obeyed.                                                                Keywords: License Fee for Sporadic Land License
PENERAPAN ASAS PRADUGA TAK BERSALAH DALAM PEMBERITAAN PERS YANG TIDAK SEIMBANG Iwan, Iwan
Journal of Law ( Jurnal Ilmu Hukum ) Vol 1, No 1 (2018)
Publisher : Universitas 17 Agustus 1945 Samarinda

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ABSTRACTThat there is still a tendency to display the news of sensations in excess or dramatization disproportionately by the press. So to change the public appreciation of the news depends on the intention of the press itself, this is where the role of the press as agents of change and social control. That against them (news sources) who have the power, either state authority or economic power, they will try to avoid the news that they claim to be harmed. As for them (news sources) who do not have power and power like many people, of course the press must protect because one of the main functions of the press is to protect the people in accordance with the slogan "journalists are protector of democracy". Legal conditions that put the subordinate press with the government to make journalists are not free in expression, interpretation and others. Many limitations are not clear either from the government or from the managers of the press itself that ultimately the sensitivity of journalists in the face of social reality becomes dull. As a result that happens journalist (pers) only serves as public relations (mouthpiece) government.Keywords : Press Coverage, Unclaimed Guilt Principle
PROBLEMATIKA TERHADAP PENYELENGGARAAN BPJS KESEHATAN BERDASARKAN UNDANG UNDANG NO 1 TAHUN 2014 DI SAMARINDA Ramadhani, M Aprizal
Journal of Law ( Jurnal Ilmu Hukum ) Vol 1, No 1 (2018)
Publisher : Universitas 17 Agustus 1945 Samarinda

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ABSTRAKPenelitian ini bertujuan untuk mengetahui standar kualitas pelaksanaan pelayanan Badan Penyelenggara Jaminan Sosial (BPJS) Kesehatan yang ada di Kota Samarinda berkaitan Undang-Undang  No 1 Tahun 2014 dan pemberian sanksi yang  terhadap Penyelenggaraan Pelayanan Badan Penyelenggara Jaminan Sosial (BPJS)  yang tidak sesuai dengan perundang-undangan yang berlaku serta problematika sebagai faktor Penghambat Dalam Pelakasanaan Pelayanan peningkatan kualitas Badan Penyelenggaraan Jaminan Sosial (BPJS) Kesehatan yang ada di Kota Samarinda. Jaminan sosial umumnya diimplementasikan ke dalam berbagai bentuk tunjangan pendapatan secara langsung (income support) yang terkait erat dengan kebijakan perpajakan dan pemeliharaan pendapatan (taxation and income-maintenance policies). Namun demikian, jaminan sosial kerap meliputi pula berbagai skema peningkatan akses terhadap pelayanan sosial dasar, seperti perawatan kesehatan, pendidikan, dan perumahan. Program Jaminan Kesehatan Nasional (JKN) merupakan program pemerintah yang mengurus tentang kesehatan masyarakat yang pada pengelolaannya diselenggarakan oleh Badan Penyelenggara Jaminan Sosial ”BPJS”. Jaminan sosial yang pertama di Indonesia dengan menggunakan sistem penyatuan (merger) ini tentu bukan hal yang mudah karena melihat sisi implementasi dari jaminan sosial ini, misalnya dengan adanya program dan penyelenggara yang baru tentu juga harus disertai dengan sosialisasi, sumber daya manusianya dan juga anggarannya.Keynote: BPJS, Kualitas Pelayanan BPJS, Jaminan Sosial.
PENEGAKAN HUKUM DALAM PROSES PERKARA PIDANA ABORTUS PROVOKATUS KRIMINALIS OLEH KEPOLISIAN REPUBLIK INDONESIA Wibisana, Tezar Indra
Journal of Law ( Jurnal Ilmu Hukum ) Vol 1, No 1 (2018)
Publisher : Universitas 17 Agustus 1945 Samarinda

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ABSTRACT There is a difference in behavior between rural and urban societies, in which this distinction concerns the social order even to crime. Crime in big cities is more diverse as murder, crimes against decency include sexs, as well as frequent provocate abortion. Crimes such as abortus provokatus, does not mean not in small towns or in villages, it's just the methods and nature of crime are also different percentages. In the great cities of intercourse between the teenagers already so free, it is easier to accept foreign cultures without being filtered first and negative, so that religious, ethical and moral norms appear blurred, while in small towns or in villages some people still see if talking about the issue of sexs and / or decency, it is a small part to distinguish the evil abortion provokatus that occurred in the village and city. So the abortion provokatus that occurs in the village and town, both the nature and the method there is little difference. Abortus provokatus is not only criminal, but also medicinalist. But in society or social reality because in our country laws and laws still prohibit the existence of abortus provokatus, then abortion provokatus criminal is common. Abortion provokatus criminal and abortion provokatus medicalinalis not a youth group, but also the old group who already have many children and little children. Parents who are still able to bear children but pregnancy is not desired because of economic factors, health and so forth. Can also occur by parents who are married or young, because the relationship is also because of the consequences of raped and so forth. Keywords: Abortus Provokatus, Criminalist
TANGGUNG JAWAB PEMERINTAH KOTA SAMARINDA TERHADAP PENERBITAN IZIN MENDIRIKAN BANGUNAN (IMB) DI TEPI SUNGAI MAHAKAM Pranata, Rivaldi Dwi Pranata
Journal of Law ( Jurnal Ilmu Hukum ) Vol 1, No 1 (2018)
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AbstractImplementing agencies or officials of the PBL issuance are also in the spotlight because they are directly related to the licensing of the development carried out and its implications for Spatial Planning. This legal writing aims to determine the responsibility of the city government to grant Permits Building Licenses on the banks of the Mahakam river seen from the aspect of the Spatial Planning Act, the legal effort that can be made against the Granting of Permits Building License (PBL) that is not in accordance with the Urban Planning (UP) based on the Spatial Planning Law, and to find out the conception of compensation for the giving of PBL which is canceled because it is not in accordance with the UP.This type of research is a normative legal research with the approach of Act and conceptual. Using primary, secondary and non-legal sources of legal material. then the legal material is processed in a deductive way and then draws it into a more specific conclusion and is arranged systematically.The results of the study that the government is responsible for issuing PBL in violation of spatial layout by providing compensation imposed on the East Kalimantan Provincial Budget as an incentive in the building that has been established long before the rules apply and does not give permission for the extension of the right to use, the right to use the building. Also provide explanation for the cancellation of Permits Building License. Legal efforts that can be done by the community who feel aggrieved on the permit permit PBL is not in accordance with the UP can be done criminally, civil, and administration. Then the conception of compensation for the cancellation of PBL is through the administrative effort by making a complaint to the Administrative Court because the permit issued is the State Administrative Procedure (SAP), on the existence of deviation or non-conformity of the service with the standard of service causing the material loss.
IMPLEMENTASI YURISPRUDENSI MAHKAMAH AGUNG REPUBLIK INDONESIA TERHADAP KEWAJIBAN PENGELOLA PARKIR MENGGANTI RUGI KEHILANGAN KENDARAAN BERMOTOR RAHMAN, MULIA
Journal of Law ( Jurnal Ilmu Hukum ) Vol 1, No 1 (2018)
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ABSTRACT This research entitled "Implementation of the Supreme Court of Indonesia's Jurisprudence Against Car Parking Obligers to Loss Loss of Motor Vehicles", the purpose and objective to describe and analyze the management of parking is related to Law Number 8 Year 1999 on Consumer Protection, Business Actors,  and  the  implementation  of the  Supreme  Court's  Jurisprudence  to  the Parking Manager's liability to compensate for loss of motor vehicle. Based on the results of research on legislation, court decisions, and other relevant and relevant sources  that   the   implementation  of  Supreme   Court   jurisprudence  on  the obligations of the parking manager has not been fully implemented. There is still a parking manager who includes a standard clause that reads "any loss or damage is not the responsibility of the parking manager", in this case there is an exoneration clause containing conditions limiting or even removing entirely the responsibility that should be charged to the producer or in this case the manager parking, which is not in accordance with Article 18 Paragraph (1) of the Consumer Protection Act. As a result, there are still cases of disputes in court between the consumer as the owner of the vehicle and the manufacturer as the parking manager that occurs due to loss of motor vehicles in the official parking area.

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