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MASALAH DALUARSANYA HAK PENUNTUTAN PADA KASUS PEMALSUAN TANDA TANGAN PADA SURAT DAN DUDUK PERKARANYA Boy Bernard Carlos
Journal of Law ( Jurnal Ilmu Hukum ) Vol 3, No 1 (2014)
Publisher : Universitas 17 Agustus 1945 Samarinda

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ABSTRACTCode of Criminal Law (Penal Code) has set certain period of time on the subject of prosecution, can be expired by law. The provisions in article 78 of the Criminal Code actually set expiration rights of criminal prosecution, but should also be linked with the right run penalty. When the death of the right to run a longer sentence than the death of a criminal prosecution the right of the accused because it is definitely a mistake.Criminal fraud as governed by Article 263 of the Criminal Code was in fact a criminal act that should be done deliberately to to declare a person charged with the crime of forgery was proven, the public prosecutor and the judge must prove the existence of the will of the defendant to act as a false or falsified letter. The existence of the defendant's intent to use the letter as a letter of their own genuine and not faked or to make others use a letter that he created artificially, required the presence of the defendant's knowledge of the use of the letter that he made the false or that he can fake it cause harm.

PELAKSANAAN PENYITAAN BARANG BUKTI DAN HAMBATANNYA YANG DILAKUKAN OLEH PENYIDIK POLRI DALAM PRAKTEK Ibnu Riza
Journal of Law ( Jurnal Ilmu Hukum ) Vol 3, No 1 (2014)
Publisher : Universitas 17 Agustus 1945 Samarinda

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ABSTRACT Process or seizure procedures of evidence in the case criminal is as follows : Before doing his job, the officer or investigator is required to obtain a license in advance from Chairman of the local Court except in a state that is very necessary and urgent; Showed his ID to the person from whom the object was confiscated; Authorities ordered the man who controls the object to be seized to be handed to him on a letter or posts originating from the suspect, shown to him, his or intended to be, or tools for committing a crime; Shows the object to be seized on the person of which the object was confiscated or his family and mark the items in the presence of the head of the village or neighborhood leaders with two witnesses; Make an official report of seizure, after read out then given a date, signed by the investigator, the person concerned or his family and two witnesses; Before the object or seized objects are included in the state confiscated items storage, it should be noted in advance about the weight or amount according to their kind, traits or characteristics of the object, place, day and seized dates, where the identity of the object was confiscated then wrapped, labeled and office stamp and signed by the investigator; For security interests when deemed necessary to shoot first. Some of the obstacles encountered by investigators in conducting seizure among others : Evidence are no longer intact or damaged; Evidence transferable to others; Evidence entered another entity; Collateral evidence made at the Pawnshop; Missing evidence was not found. Attempts by investigators overcoming these obstacles, among others : If the evidence transferable to others, then make D.P.O (Person Searches List) and D.P.B (Search List Item) sent to the ranks of the Police : if the evidence entered another entity, then to approach and unity where the evidence is located, by way of telling someone to buy the evidence in the hope that evidence may be out of the unity of regions and used as evidence; if the mortgaged evidence, then Police confiscate the evidence by asking the approval of foreclosure to the District Court in a decision of the District Court, then the pawnshop submit the evidence, although have to argue; If the missing evidence was not found, then investigator conducting an investigation on T.K.P (The Crime Scene); Finding statements of witnesses and suspects by collecting witnesses and suspect to find the truth of evidence no longer shaped like jewelry that has been melted by the buyer. Keywords : object evidence,investigator POLRI

SUATU TINJAUAN TUGAS DAN FUNGSI PAMONG PRAJA DALAM MENEGAKKAN PERATURAN DAERAH DI KABUPATEN KUBAR Yonathan Gun
Journal of Law ( Jurnal Ilmu Hukum ) Vol 3, No 1 (2014)
Publisher : Universitas 17 Agustus 1945 Samarinda

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Abstract Indonesian state in managing and organizing the system of government must have ideals to be achieved, the ideals and objectives is kritilisasi values are believed to be the truth by people who later used as the foundation in carrying out development dinegarannya. Similarly, the Indonesian state has a goal like that on the opening goal as stated in the preamble of the Constitution 45, particularly in the fourth paragraph to protect all the people of Indonesia and the entire country of Indonesia, promote the general welfare, the intellectual life of the nation and participate implement order and world peace based on freedom, abiding peace and social justice.Definition of Municipal Police under Act No. 32 of 2004 on Regional Government is the head of the area assigned to assist the region in order to hold public peace and order as well as organizing public peace and order and enforce the Regulation (Article 148 paragraph (1) of the Act No. 2 of 2004 on Regional Government).

PERLINDUNGAN HUKUM BAGI PENGGUNA JALAN TERHADAP KEBERADAAN TIANG LISTRIK OLEH PT.PLN (Persero) AREA SAMARINDA DI JALAN BUNG TOMO SAMARINDA SEBERANG KOTA SAMARINDA” (DITINJAU BERDASARKAN UNDANG-UNDANG NOMOR 22 TAHUN 2009 TENTANG LALU LINTAS DAN ANGKUTAN JA Jumintar Napitupulu
Journal of Law ( Jurnal Ilmu Hukum ) Vol 3, No 1 (2014)
Publisher : Universitas 17 Agustus 1945 Samarinda

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ABSTRACT Purpose of this study is order to knowing better the legal of road users regarding to the existence of an electric pole in the Bung Tomo street Samarinda Seberang ( Regulated by Law Number 22 of 2009 about the traffic and road transport). The research methodology used in this writing is judicial empiric with analytical descrivtive qualitative. The author deliberately the issu of legal protection of road user on the road law.Legal protection provided by the government through the Department of Public Works Government of East Kalimantan to road users in Samarinda Seberang Bung Tomo Street Samarinda city in terms of the tasks and functions as the principal organizer for the occurrence of road traffic congestion and accidents due to road users of road construction leaving a power pole on the shoulder of the road , given the form of providing protection to the victim insurance funds and according to the rules.In terms of legal protection as the title of this the relevant agencies either the Public Works East Kalimantan and PT . PLN ( Persero ) Samarinda area are expected to coordinate and synchronize the best execution of certain tasks this able to avoid either which hamper the smooth running of the program, work carried out by the relevant agencies as well as those undertaken by both parties ( contractors ) for the construction of Jl . SMD - SS ( Samarinda - Sanga Sanga ) by PT.PP - PAL , KSO which left a power pole on the shoulder of the road Jl . Bung Tomo pose a risk of traffic congestion so do traffic accidents . Keywords: Legal Protection, Road Users, Public Works

BEBERAPA MASALAH TENTANG PROSES ALIH DEBITUR DALAM PERJANJIAN KREDIT KEPEMILIKAN RUMAH DI BANK TABUNGAN NEGARA CABANG SAMARINDA Elipen Pardesi
Journal of Law ( Jurnal Ilmu Hukum ) Vol 3, No 1 (2014)
Publisher : Universitas 17 Agustus 1945 Samarinda

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ABSTRACK National development based on Pancasila and the 1945 Constitution is essentially the whole person development and construction of all the people of Indonesia.With the growing level of people's lives, it also increased their daily needs. Accordingly, the problem arises when people are not able to buy a house in cash due to limited financial capacity, while more urgent housing needs. The fact that there is in our society are largely classified societies with low levels of the economy.Intervention of the government in the fulfillment of housing facilities is needed. Because of very rapid population growth also means the increasing need of homes. While the provision of housing needs increasingly difficult by the community, this was due to the limited land and increasing land prices from year to year, so that it results in the need for the provision of shelter or housing requires no small cost.

ORIENTASI TUGAS DAN FUNGSI CAMAT DALAM PENYELENGGARAAN PEMERINTAHAN DESA KAITANNYA DENGAN HUKUM TATA PEMERINTAHAN DI KECAMATAN SAMARINDA UTARA Abdul Basit
Journal of Law ( Jurnal Ilmu Hukum ) Vol 3, No 1 (2014)
Publisher : Universitas 17 Agustus 1945 Samarinda

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ABSTRACT In addition to national development needs be, is the increased development in the village, because the countryside which includes the biggest part of the national territory as well as the food and agricultural region covers the largest part of the community. Therefore rural development needs to be improved, especially through the development of human resource capacity in rural areas so that self and creativity can grow. Recognition of the village government to organize itself as a household in the village autonomy embodiment set forth in Law No. 32 Year 2004 on Regional Government and its implementation rules for the creation of a system of government that is simple, authoritative and able to mobilize the community in the development and administration of village government effective and efficient. Decentralization of understanding itself is autonomous authority to regulate and manage the interests of the public in accordance with the regulations per the invitations, in the field of rural development and rural governments be encouraged through increased coordination and improvement of sectoral development, human resource development, resource utilization nature and growth climate that encourages growth and self-sufficient community initiatives. By strengthening the position of the village government, the village is able to mobilize the community to participate in the development and village governments are able to organize efficient and effective manner, in accordance with the demands of today's construction. To support this wisdom is always manifested in rural development . Thus, the leadership was instrumental sub-district head, which is to provide guidance and direction to the village government officials in various matters relating to the organization of government, and rural development. Camat as the area district accountable to the Regent/Mayor is to coordinate, synchronize and all government agencies that exist within the region so that the entire apparatus can work optimally in accordance with its function, but it also required the division of labor and tasks are clearly from superiors to subordinates, so that in the administration of the village government can run efficient and effective.

NASKAH PUBLIKASI IMPLEMENTASI PERATURAN PEMERINTAH NOMOR 19 TAHUN 2011 TENTANG RETRIBUSI PERIJINAN TERTENTU DI KECAMATAN TENGGARONG Akhmad Arisandy
Journal of Law ( Jurnal Ilmu Hukum ) Vol 3, No 1 (2014)
Publisher : Universitas 17 Agustus 1945 Samarinda

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AbstrakAkhmad Arisandy, Implementation of Regency Regulation Number 19 Year 2011 on Licensing of Certain additional item in Kutai Kartanegara. Under the guidance of Mrs. Kunti Widayati, S.H.,M.Hum as first mentors and Mrs. Isnawati S.H.,M.H as second mentors. The purpose of this study is to investigate the implementation of In Kutai Kartanegara's Regency Regulation Number 19 Year 2011 on Licensing of Certain levies related Fishing Permits in Tenggarong District and to find out how the implementation as well as obstacles in the implementation of regional regulation. Location of this study is a freshwater aquaculture in Tenggarong District. By using a snowball sampling technique, this study starts by taking a fishery in the Tenggarong district as samples or sources by collecting data using interviews. From the results of field studies on the implementation of In Kutai Kartanegara's Regency Regulation Number 19 Year 2011 on Licensing of Certain levies related Fishing Permits in Tenggarong District was never implemented in the fishery business activities of the fishery to Dinas Kelautan dan Perikanan of Kutai Kartanegara regency , because all parties in it are not aware of any regional regulation. Then the regulation has no constraint for never implemented, but the main obstacle comes precisely from the beginning or source relevant local rulemaking authority delegation that occurred prior to implementation. Local regulations should not be made a mere formality or left floating without delegation of authority or duty, then stakeholders should make a rule to go through a public consultation so that rules are made can be implemented either Keywords: Licensing of Certain additional item, Fishing Permits.

TINJAUAN YURIDIS TENTANG PENERAPAN RESTORATIVE JUSTICE PADA KASUS TINDAK PIDANA ANAK DI TINJAU DARI UU NO. 11 TAHUN 2012 TENTANG SISTEM PERADILAN PIDANA ANAK Erick Yehusy
Journal of Law ( Jurnal Ilmu Hukum ) Vol 3, No 1 (2014)
Publisher : Universitas 17 Agustus 1945 Samarinda

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ABSTRACT Restorative Justice is the resolution of criminal cases involving offenders, victims, families perpetrator/victim, and other relevant parties to work together to find fair settlement with emphasis on restoring back to the original state, and not retaliation (Article 1 paragraph 6 of Law No. 11 Year 2012 on the Criminal Justice Child System). The basic process is done through the application Discretion (Police Authority) under Article 18 of Law No. 2 of 2002 on the Indonesian National Police and Diversion (Article 1 Paragraph 7 of Law No. 11 Year 2012 on the Criminal Justice Child System).The purpose in writing this law is to determine an equitable application of sanctions (Restorative Justice) against children in accordance with Law No. 11 Year 2012 on the Criminal Justice Child System which ensures certainty and legal protection of children and child away from judicial proceedings and sentencing are not good for the soul, dignity and child future. This research uses a technique that is normative juridical research or study procedure by referring to some of the principles of law, rule of law principles, and the principles of law relating to the substance of legislation that are general and specific. And do a bit of field observations in order to determine whether the concept has Restorative Justice applied in the handling of cases of children in conflict with the law. Data collection techniques used by collecting primary materials (Rule of Law) and secondary materials (Articles, web pages and books) as well as conducting interviews at the law enforcement officials involved (KAPOLRES Tenggarong and BABAS Samarinda).From the results of the study found that the application has been implemented through the Restotative Justice Police Discretion and Diversion Restorative Justice based approach. In the case of court settlement children almost everything can be resolved with the Restorative Justice exception of severe cases.It is expected that the law enforcement approach should focus on Restorative Justice in each case the child for the realization of justice according to conscience (Moral Justice), attention to Justice Society (Social Justice) and consider the justice according to the law (Legal Justice) so that the achievement of the highest award for justice (Presice Justice). In completing Crime committed imprisonment child must be the Last Action (Ultimum Remedium). Keywords : (The Application of Restorative Justice, Child Protection)

TINJAUAN YURIDIS TERHADAP PERATURAN MENGENAI PENCABUTAN PERMOHONAN KASASI DALAM PENYELESAIAN PERKARA PERDATA Endang Winarti
Journal of Law ( Jurnal Ilmu Hukum ) Vol 3, No 1 (2014)
Publisher : Universitas 17 Agustus 1945 Samarinda

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ABSTRACT If the parties are not satisfied a civil litigant against a High Court ruling and do not want to accept the decision, he may apply to the Supreme Court of Cassation within the meaning of Act No. 3 of 2009 on on the Second Amendment Act No. 14 of 1985 on the Supreme Court. The appeal is entitled to the litigants themselves, because it was he who acted as a material, which is directly involved in the conflict are sued (to be a party to the conflict). Appeal does is aimed to assess whether the lower levels of the judge's decision, whether the decision dibuattelah accordance with the provisions of law and procedural law, so that the litigants get justice fairest. Cassation judge's ruling also allows the improvement caused by the judge 's own fault or human error, because the judges are also human nature that can make mistakes. Another issue with respect to these issues is concerned repeal cassation appeal itself, where the legislation does not provide further details on the matter. According to the Supreme Court 's jurisprudence, that revocation appeal is allowed as long as the decision was not handed down by the Supreme Court, if there is an appeal of the revocation of both the litigants, the proceedings in the Supreme Court not be done or stopped, but if only one party only cassation petition is revoked, while others who also did not revoke the petition filed cassation appeal, cassation proceedings levels remain to be done. Revocation appeal, should be strictly regulated and clearly in the National Civil Procedure, so that revocation appeal made by the litigants do not harm any of the parties who were also litigants in the case, so that the revocation appeal is conducted aiming to resolve cases exists and is not intended to harm the litigants.

KEABSAHAN PENERBITAN SURAT IZIN PERTAMBANGAN DAERAH KOMODITAS TAMBANG GOLONGAN BATUAN DI KOTA SAMARINDA Sayid ahmad aulia nur
Journal of Law ( Jurnal Ilmu Hukum ) Vol 3, No 1 (2014)
Publisher : Universitas 17 Agustus 1945 Samarinda

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ABSTRACT One of the natural richness that exist in almost all regions of Indonesia is a mineral excavation class C. Class C material is intended in the category of non- strategic minerals and vital. As minerals are not strategic and vital, the authority granting the mineral category C, since the reign of centralized to decentralized period, are at the local government. Samarinda city geologically is an area that potentially has significant materials, such as minerals category C, such as urug soil, clay, sand and so on. In some locations these minerals have endeavored to mining stage, either by foreign firms and domestic firms or by local people. In the preamble weigh Act No. 4 of 2009 on Mineral and Coal stated that the mineral and coal mining law contained in the region of Indonesia is a non-renewable natural resources as the gift of God Almighty who has a role in meeting the livelihood of many people because it management should be controlled by the state, to provide added value for certain and evident to the growth of the national economy in order to achieve prosperity and welfare of the people equitably. Mining Permit (SIPD) Samarinda city still adhere to the old local regulations and decisions Samarinda Mayor earlier, prior to the issuance of Law No. 4 of 2009 on Mineral and Coal. The reasons are still using the old rule is because there is a new issuance of regional regulations governing mineral and coal mining in Samarinda, so that the old rules are still used in the implementation of the mining permit in the city of Samarinda. Government should Samarinda through Integrated Licensing Service Agency, immediately revoke the mining license area is excavated materials issued Class C post enacted Law No. 4 of 2009, and no longer issuing new Regional Permit Penembangan or extension before the relevant local legislation by Act No. 4 of 2009, and the Department of Industry, Trade, Mining and Energy Samarinda City should not issue recommendations Regional Mining Permit issuance minerals group with C. Samarinda City Government Legislative Council as soon as possible Samarinda revise Bylaw No. 17 of 2008 in order to be adapted by Act No. 4 of 2009 on Mineral and Coal, in order to avoid conflict between the laws which are above the regional regulation.

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Location Kota samarinda, Kalimantan timur INDONESIA

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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