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TINJAUAN YURIDIS TERHADAP PENGUASAAN TANAH NEGARA MELALUI SURAT PENGUASAAN TANAH DAN PELEPASAN HAK ATAS TANAH DI KECAMATAN SAMARINDA SEBERANG Reni Tri Maharani
Journal of Law ( Jurnal Ilmu Hukum ) Vol 3, No 1 (2014)
Publisher : Universitas 17 Agustus 1945 Samarinda

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ABSTRACT In accordance with the mandate of the Constitution as stated in Article 33 Paragraph (3) of the Constitution of the Republic of Indonesia Year 1945, which reads: "Earth, Water and natural resources contained therein controlled by the State and in use for the greatest welfare of the people". So based on Article 33 Paragraph (3) of the Constitution of the Republic of Indonesia Year 1945 then underlies the birth of regulatory legislation regarding land. Based on the results of this study concluded that the soil has a very vital for human life, human life can not be separated with the land because the land is a natural resource that has physical important role in fulfilling the needs of all human life. Therefore, all matters relating to the land itself, then it should humans not only realize the significance of ownership, as well as from all forms of administration of the land it self.

UPAYA HUKUM DAN PENYELESAIAN WANPRESTASI OVERMACHT DALAM PERJANJIAN PADA PERUSAHAAN PEMBIAYAAN NON BANK Indah Trie Risky
Journal of Law ( Jurnal Ilmu Hukum ) Vol 3, No 1 (2014)
Publisher : Universitas 17 Agustus 1945 Samarinda

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ABSTRACT Fill an operating lease agreement with regard Directorate General Announcement of Monetary No. PENG-307/DJM/III.1/7/1974 Guidelines on the Implementation of the Leasing Regulation is : Provisions concerning the object of the agreement, The contract period, The rental price, And the manner of payment, The rights and obligations of the parties, Delivery (Delivery date and delivery limits), The expiration of the agreement.Constraints faced in the leasing contract among others regulations on leasing regulations in indonesia is still relatively overlooked that indonesia still has not set the statud specifically includes about leasing, constraints are technic that the lessor requires expertise appropriate ields and master each problem specifically related to the lease agreement. After the lessor having problems listed above, then the lessee itself usually also obtain constraints in the form of pressure that must be the availability of funds to make the supply of capital goods to the lessor. So inevitably, lesse parties have agreed to the deal they made and the provisions that have been included even though lessee by the lessor reluctant to agree to such provisions, because in this case the lessor shall be fully responsible for all risks and constraints in the lease agreement.Efforts law and settlement of default and coercion among other : in case of default in the form of late payment of rent, then the lessor is entitled to make the penalties for late payment of the amount specified in the agreement. Howeve in pratice, he lessor will provide warning both verbally (by telephone) or by mail to the lessee. The lessor also still provides a grace period to the lessee to settel arrears of rent to the lessor as well as in the event of late payment made less than three days from the due date, then the lessee is not subject to penalties ; in case of default in the form of mortgage capital goods and capital goods pemindahtangganan lease rights to third parties, then the lessor immediately take the following acions : the day after it emerged that the pledged collateral, lessor informanya immediately sent a team to pull the capital goods based on a power of attorney made by the parties in conjunction with the approval of the lease agreement between the brand ; in the case of a lessee who is accused of negligent and requested that sanctions be given to him on the negligence, can defend themselves by filing a reason to break free of the sanctions. The reason the lessee to free themselves from the sanctions for negligence, on is by suing any state force (coercion)

OPTIMALISASI PERAN DAN TANGGUNG JAWAB BALAI PEMASYARAKATAN (BAPAS) DALAM PELAKSANAAN SISTEM PERADILAN PIDANA ANAK DI SAMARINDA BERDASARKAN UNDANG-UNDANG NOMOR 11 TAHUN 2012 Muhammad Rizal Muttaqien
Journal of Law ( Jurnal Ilmu Hukum ) Vol 3, No 1 (2014)
Publisher : Universitas 17 Agustus 1945 Samarinda

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ABSTRACT Roles and Responsibilities Optimalisai Correctional Center (BAPAS) Children in the Criminal Justice System by Act No. 12 of 2012 of course we focused on remedies, for children in conflict with the law for law enforcement, including PK Correctional Center (BAPAS) where with all interested parties together to resolve the matter Children with Restorative Justice approach.The purpose in writing this law is to determine how the process of enforcement of children in conflict with the law or the perpetrator of the level of containment / investigation, prosecution and court decisions as well as mentoring and coaching community (PK) Correctional Center (BAPAS) in accordance with Law No. 11 In 2012 tentan Pperadilan child Criminal System which guarantees legal protection terhadapan children fiber isolates children from litigation and pemindanaan are not good for the soul, dignity and the future of the child.From the research found a variety of obstacles and barriers in the judicial process of the implementation of the Child which law enforcement is essential, both concerning quality and quality including Supervisor Performance Society (PK) Correctional Center (BAPAS) preformance implementation of Law No. 11 of 2012 on the Justice System criminal Children are not optimal given the vast area of performance Correctional Center (BAPAS) Class II Samarinda. It is hoped that law enforcement officials must give priority to Restorative Justice in each case the Son as actors for the realization of justice according to conscience and justice memepertimbangakan on the terms of legislation so that the settlement is done Child Crime Pemindanaanya must be the last action.

PELAKSANAAN SANKSI ADMINISTRASI PAJAK YANG DIJATUHKAN TERHADAP PENGUSAHA KENA PAJAK YANG BELUM MENYELESAIKAN PEMBAYARAN PAJAK. Aditya Saputra
Journal of Law ( Jurnal Ilmu Hukum ) Vol 3, No 1 (2014)
Publisher : Universitas 17 Agustus 1945 Samarinda

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ABSTRACT To determine and implement administrative sanctions against employers who commit offences taxable i.e. by having SUCH control card (the notice) the payment of the VAT. With a look of such supervision and payment card the VAT, held eksaminasi i.e. researching a single receipt of SPM (the notice period) and then separates the timely report SPM and SPM report late.If a taxable entrepreneur did not carry out his obligations properly,then as the construction of the directorate general of taxation will issue some form of administrative sanction, either in the form interest, fines or ascension. On the issue of the legal consequences of sanctions implementation, then the question will be to how far the influence of administrative sanctions against employers taxable in performing the duty of taxation . Based on the data that can be run during auto summary research author turns out situations and conditionshave enabling employers taxable left well enough alone in carrying out its oligations in accordance with a system of self just my assessment. This is due to the awareness of employers still felt less taxable and still need guidance and coaching from the directorate general of taxes regularly and continuosly.

IMPLEMENTASI LEGISLASI HAK-HAK ASASI MANUSIA DI INDONESIA Manumpak Tampubolon
Journal of Law ( Jurnal Ilmu Hukum ) Vol 3, No 1 (2014)
Publisher : Universitas 17 Agustus 1945 Samarinda

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ABSTRACT From the analysis that has been done, it can be concluded that judicial organic laws strictly regulate back to the material of human rights contained in the Constitution of 1945. The reorganization is necessary because, as mandated by the undangdasar 1945 that the right to organize -hak it must first be regulated by law (article 28 of Law 1945). And in this case the laws that have been successfully made by the government are, among others: Law 48 of 2009 on the Principles of Judicial Power. Law 12 of 2012 on the National Education System. Law No.21 of 1982 on Basic Provisions Press. Law No. 8 of 1985 on Social Organization. Act 3 of 1985 on Political Parties and Golkar. Law No. 13 of 2003 on Manpower. Decree of the Minister of Manpower No. KEP-150 / MEN / 2000 on the Implementation Guidelines for layoffs. Law 13 of 2006 on the Protection of Witnesses and Victims and many others. In rearranging the material of human rights law that was set to strict, because the settings are concepts that are not clearly understanding (Act 21 of 1982). Besides, there is also a rigid formula (Act 2 of 1989) which can make the private sector reluctant to participate in the government in an effort to ease the task of educating the nation. Also the presence of a strange provision in the Law 22 of 1957 for workers who are organizing an action should give them know in advance to employers.

SIKAP PENEGAK HUKUM TERHADAP TINDAK PIDANA PENYALAHGUNAAN NARKOTIKA MENURUT UNDANG-UNDANG NOMOR 35 TAHUN 2009 Agung Asmara
Journal of Law ( Jurnal Ilmu Hukum ) Vol 3, No 1 (2014)
Publisher : Universitas 17 Agustus 1945 Samarinda

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ABSTRACT In the application of the cumulative punishment is divided into several phases: the prosecution, the decision stage and the stage of the enforcement or execution. In the lawsuit Narcotics stage, the public prosecutor must consider the criminal provisions in the specific article of the Narcotics Act has been violated. Since the cumulative criminal provisions in the Narcotics Act is not specified on replacement confinement criminal penalties which are related to the defendant and therefore wealth difficulties in terms of execution, the prosecutor in the prosecution case Narcotics also included on the fine substitute imprisonment. Whereas in the case of Narcotics verdict stage, the judge is bound to the indictment prosecutors, legal evidence in court and is tied to the criminal provisions of the Narcotics Act. As for the implementation phase of a court decision (execution), the implementation of the decision is divided into three, namely: the implementation (execution) imprisonment, execution (execution) criminal fines and implementation (execution) imprisonment for a fine substitute.

TINJAUAN UNDANG-UNDANG NOMOR 30 TAHUN 2004 TENTANG JABATAN NOTARIS TERHADAP PERANAN NOTARIS DALAM PEMBAGIAN HARTA WARISAN SECARA TESTAMENTER Rodiansyah Rodiansyah
Journal of Law ( Jurnal Ilmu Hukum ) Vol 3, No 1 (2014)
Publisher : Universitas 17 Agustus 1945 Samarinda

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ABSTRACTSomeone to be able to inherit under the law of inheritance west known presence of 2 ways inherited based on the Act (Ab Intestato) and inherit based on a will (Ad Testamato). Testamentary inheritance problems with deed (acte testament) has been around a long time, on the last will or testament deed (acte testament) in general is a statement from someone before she died and carried out after death. Creating a testament deed (acte testament) is a legal act, of a person who acts against the legacy assets after he died, so in making a will is a legal act unilaterally in this case very closely connected with nature "herroepelijikheid" (can be revoked ) from the provisions of a will (testament) is.In making a will (testament) there is some kind of a will (testament) based on its shape, namely, among others: Miraculous olographis, general or openbaar testament Probate, Wills closed or secret, but it is also contained a will (testament) codicil. In doing actions to fulfill the will of the testator, Notaries can only act as a fair referee and should not take sides in terms of difficulty and hesitation of the heir.

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

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ABSTRACT In function of the House of Representatives (DPRD) of the Kutai regency Legislation efforts in improving the Rule of Law by Law No. 32 Year 2004 on Regional Government, our attention will be focused on the function Legislation Legislative Council (DPRD) as a legal product penyususun institution (Regulation) as well as the role of the Regional Representatives Council Kutai regency in the preparation of the Regional RegulationIn connection with the writer pour in the thesis, the author uses research methods normative juridical, sociological juridical, technical data collection either direct observation or collection of documents related to the functioning Legislation Legislative Council (DPRD) Kutai regencyAs we know, Functions Legislation Legislative Council (DPRD) Kutai regency had not run all that needs fixing good.Alot both structurally and individual.penulis find a lot of irregularities by the Council Members should seek Rule of Law for the community but in fact busier Councillors seek the interest of the party so it is not wrong if the Products Law (Regulation) often called the Political ProductSo far found a wide range of obstacles that inhibit the function of Legislation Legislative Council (DPRD) ranging from internal factors, which are external to the individual and the institution of the People's Representative Council (DPRD) was sendiri.berkaitan with Tasks and Functions, member of Legislative Council must understand the real conditions in society that policies and regulations can be made to have accurate power for the manufacture masyarakat.sehubungan with function legislation Regulation (Regulation), then the House of Representatives (DPRD) should be subject to the Law No. 32 Year 2004 on Local Government and the reference to the Minister of Home Affairs Regulation No. 53 Year 2011 on Product Development Law (Regulation)

FAKTOR-FAKTOR YANG MENJADI KENDALA DALAM PEMBERIAN BANTUAN HUKUM SECARA CUMA-CUMA (PRODEO) DALAM PERKARA PIDANA DI PENGADILAN NEGERI DI SAMARINDA. Hekki Purnama Setia
Journal of Law ( Jurnal Ilmu Hukum ) Vol 3, No 1 (2014)
Publisher : Universitas 17 Agustus 1945 Samarinda

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ABSTRACT There is so many people who cannot afford and who didn’t know sifgnificance of the role of legal aid, Because they didn’t know what and how to get a legal aid. But actually when they know efforts what to do it’s not too difficult. They simply declared incapable by accompanied a letter from neighborhood association, chief of police, the head of prosecutor’s office, and head of social and political. The existence of factors that become obstacles to implementation of legal aid free of charge, among them : don’t dare to ask suspects the presence of legal counsel at the level of investigation, fear because incapable to pay, suspects was resigned to and feel guilty, the investigators found the presence of legal counsel could be a obstacle in the process of interogation in making news of the proceedings, the limited time and condition that sometimes is not possible as well as the limited funds. Still so many people caught a criminal offence who does not get the right to obtain legal assistance or accompanied by a legal advisor in all levels of the process of investigation a result of the negligence of the officials concerned. It is in a known future. The vedict has been set by the judge at the time ago will be annulled by law and suspect has the right to be free from all claims submitted to him

PERJANJIAN KREDIT ANTARA NASABAH DENGAN PIHAK BANK PEMBANGUNAN DAERAH KALIMANTAN TIMUR DI TINJAU MENURUT PASAL 1320 Jo 1338 KITAB UNDANG-UNDANG HUKUM PERDATA Hasibuan Monica Helend
Journal of Law ( Jurnal Ilmu Hukum ) Vol 3, No 1 (2014)
Publisher : Universitas 17 Agustus 1945 Samarinda

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Abstract As the direction of development in the field of business law needs to be improved maintaining public order based on justice and able to protect the public as one of the requirements for the creation of a stable national. These efforts will further encourage the development of people's creativity, vitality of life and broaden people's participation in the implementation of development in all fields. As it is known that Indonesia is a nation that is growing and development is currently being promoted and developed rapidly. In large cities there are many buildings skyscrapers standing strong and the government apparatus is in full swing to make improvements everywhere. Companies are increasingly spreading its wings to get optimal results by expanding its network to the entire archipelago.

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Contact Name
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Journal Mail Official
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Location
Kota samarinda,

Kalimantan timur

INDONESIA