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<![CDATA[PROBLEMATIKA DALAM PERJANJIAN ELEKTRONIK YANG TIDAK DILAKSANAKANNYA DENGAN ITIKAD BAIK DAN CARA PEMBUKTIANNYA ]]>
<![CDATA[Herunata Sanjaya]]>
<![CDATA[ Journal of Law ( Jurnal Ilmu Hukum ) Vol 3, No 2 (2014) ]]>
Publisher : <![CDATA[Universitas 17 Agustus 1945 Samarinda ]]>
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<![CDATA[ABSTRACTWe realize technology has brought society to the use of electronic systems in the activity that has greatly affected all aspects of social, cultural and legal, where there are no boundaries - geographic boundaries and quickly accepted by the public so as to enhance human progress and civilization. Electronic contract is a form of initiative and the parties in making the engagement through electronic systems (the Internet). Neither the Civil Code and the Law No.11 of 2008 has been providing a clear basis for the validity of electronic contracts.In the implementation of the electronic contract by both parties is superbly agreed, then implementing an electronic contract is done in the form of payment (payment) made by the debtor that can be done either directly or indirectly, for example through the internet facility or E-Banking, yet remain based on the national financial system, which refers to the local financial system. In the implementation of an electronic agreement may occur a default committed by one of the parties, resulting in the manufacture of electronics required point settlement agreement if the event of default. The principle of good faith in the agreement laid the groundwork for the electronics embedded in the hearts of minds of the parties in the implementation of the electronic agreement so as not to harm or be harmed either party.With the Electronic Systems has given rise to one of the new things that the existence of a new form of evidence and legally, namely electronic information, electronic documents or printouts of Electronic Information and Electronic Documents (Article 5 paragraph (1) of the Act No.11 of 2008).]]>
<![CDATA[PENERBITAN BANK GARANSI PADA LEMBAGA PERBANKAN MENURUT UU NO. 10 TAHUN 1998 ]]>
<![CDATA[Muhammad Ali Husni]]>
<![CDATA[ Journal of Law ( Jurnal Ilmu Hukum ) Vol 3, No 2 (2014) ]]>
Publisher : <![CDATA[Universitas 17 Agustus 1945 Samarinda ]]>
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<![CDATA[ABSTRACT Factors that lead to bad credit, influenced by: Factors that are intertnal, namely: Misuse of credit; The low level of education; The characters are not good; Financial difficulties. External factors, which is derived from the circumstances that happen beyond the reach ability of the debtor or circumstances that force (coercion) as a state of unstable economy.Party Regional Development Bank Samarinda in making efforts to overcome bad credit, among others: Peace; Billing through legal channels. Completion of credit to BUPLN (Auction Receivables Affairs Agency); Submitted an application to the District Court to hold a foreclosure.]]>
<![CDATA[PENERAPAN ASAS KEBEBASAN BERKONTRAK TERHADAP PERJANJIAN WARALABA BENTUK USAHA INDOMART DI SAMARINDA ]]>
<![CDATA[Oktofianus Siki]]>
<![CDATA[ Journal of Law ( Jurnal Ilmu Hukum ) Vol 3, No 2 (2014) ]]>
Publisher : <![CDATA[Universitas 17 Agustus 1945 Samarinda ]]>
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<![CDATA[abstract In the Indonesian economy, one area that is quite prominent in trade. It has three main activities, namely the economic system of Production, Distribution and Consumption. One way of distributing the effort to expand internationally is through licensing, as an alternative attempt to get closer to consumers in the host country as well as to reduce the impact of high export transport costs, as well as the risk of loss of products from the market as a result of transportation risks and possible embargo done politically. 2) License is a temporary form of entitlement which can be exclusive or non - exclusive. Granting this right then felt not enough, if the license grantor intends to do a "refresher total" is not only in the form of rights, but also obligations - the obligation to obey and execute all and every command issued including the system operational implementation of the licensed activities 3 ). For that, they begin to develop the franchise. Franchise in Indonesian paired with the word waralabae set out in Government Regulation No. 42 of 2007 and Decree of the Minister of Industry and Trade of the Republic of Indonesia No. 259 / MPP / Kep / 7/1997 About Conditions and Procedures Implementation Franchise Registration.]]>
<![CDATA[TINJAUAN YURIDIS MENGENAI RUANG TERBUKA HIJAU DI KOTA SAMARINDA BERDASARKAN UNDANG-UNDANG NOMOR 26 TAHUN 2007 TENTANG PENATAAN RUANG ]]>
<![CDATA[Tri Wahyudi]]>
<![CDATA[ Journal of Law ( Jurnal Ilmu Hukum ) Vol 3, No 2 (2014) ]]>
Publisher : <![CDATA[Universitas 17 Agustus 1945 Samarinda ]]>
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<![CDATA[ABSTRACT The purpose of this study was to know about the Green Open Space Provision pursuant to Article 29 of Act No. 26 of 2007 on the arrangement of space in the city of Samarinda undertaken by the municipality and the constraints faced by the city government, as well as the solution. Based on the results of the study authors concluded that the provision of green open space provision under Section 29 of Act No. 26 of 2007 on the arrangement of space in Samarinda undertaken by the Government of Samarinda is the preparation of the Regional Spatial Regulation of Samarinda as a substitute for local regulation implementation guide RUTRK City Samarinda which is not relevant at this time with the development of National Development. As a form of coordination of spatial planning in order to obtain a minimal proportion of the value of green space by 30 percent of the total area of the city in the form of planning, utilization and control of urban space. This can be achieved with good cooperation from the City Government, Public, Private parties, and with non-governmental organizations.]]>
<![CDATA[BENTUK PERLINDUNGAN HUKUM TERHADAP PARA PIHAK DALAM PENERBITAN KARTU KREDIT DAN MASALAH YANG TIMBUL ]]>
<![CDATA[Fenny Eria]]>
<![CDATA[ Journal of Law ( Jurnal Ilmu Hukum ) Vol 3, No 2 (2014) ]]>
Publisher : <![CDATA[Universitas 17 Agustus 1945 Samarinda ]]>
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<![CDATA[ABSTRACTIrregularities in the use of credit cards that can be distinguished based on their behavior, namely: Irregularities committed by the holder of the credit card. The efforts irregularities committed by the bank to address a variety of irregularities committed by the credit card holder or employers, such as: To overcome the use of credit cards that exceed the credit limit with a transaction conducted under the floor limit, the issuer (bank) for the first time will give a warning to credit card holders not to use credit cards that exceed the credit limit, even though the cardholders have sufficient funds. If the violation of the credit limit is still being done despite warnings were given three times, then the issuer (the bank) can cancel the card and put it into the black list and credit card holders are obliged to pay off all the outstanding obligations; To cope with the credit card holders often late in paying bills account, the issuer (the bank) will alert the cardholder credit. With provide penalties for late paying accounts; Actions or steps taken by the bank to cope with the entrepreneur's action of granting a higher price on the credit card holder is: Bank for the first time will give a warning to employers to refrain from actions that violate them.If the transaction is still breaking acts committed by employers, then the issuer (the bank) will further sanction. Recent efforts made by the issuer (the bank) is the cancellation / termination of the agreement. Actions or steps taken by the bank to address the actions the employer conducts doubling sales draft or fictitious transaction are: Bank will give a warning to businessmen and accompanied by sanctions that will refuse payment if the bill transaction fictitious transactions that have not been paid by the issuer. If the bill is fictitious transactions had already been settled by the issuer and the bills are included in the credit card holder's name and his credit card number used in the fictitious transactions, the issuer (the bank) will cut / charge back bill that has been paid by the issuer.Form of legal protection for employers in the event of delays are outside sales draft mistakes entrepreneurs. Legal protection for employers in connection with the above, the employer can state that the issuer in default for not paying a bill on legal transactions, in which employers, in the transaction have done his duty properly. Under these circumstances, the employer is entitled to claim compensation for losses resulting from liquefaction rejection sales draft. This is in accordance with the provisions of Article 1239 of the Civil Code. Keywords: Legal Protection, Credit Card Issuance, the problems posed.]]>
<![CDATA[KENDALA YANG DIHADAPI DALAM PELAKSANAAN TUGAS HAKIM PENGAWAS DAN PENGAMAT DALAM PEMBINAAN NARAPIDANA KELAS II A SAMARINDA ]]>
<![CDATA[Fauzi Halim]]>
<![CDATA[ Journal of Law ( Jurnal Ilmu Hukum ) Vol 3, No 2 (2014) ]]>
Publisher : <![CDATA[Universitas 17 Agustus 1945 Samarinda ]]>
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<![CDATA[ABSTRACT Judge accomplish their supervisors and observers in the monitoring and observation duties in connection with the execution of the decision of the judge by the prosecutor as executor is not done in an absolute and immediate. Supervision is not done directly and absolutely caused by the prosecutor and the judge are structurally different, in this case the prosecutor remains responsible to his superiors that the Head of the State Attorney. In his charge, the prosecutor as executor will prepare minutes of execution of court decisions which will then be submitted to the Chief State Prosecutor. Supervision of other equally important to be done by supervisors and observers judge is to convict on parole. During the conditional does not undergo criminal convict in prisons, the convict can move freely in the community. The role of the supervisory judges and observers will be necessary here to monitor the behavior of the convict on parole. Supervision and observation by supervisors and observers judge of prisoners who have completed their criminal and parole of prisoners as required by the Supreme Court Circular No. 7 of 1985 on Implementation Guidelines Task Supervisory Judge and Observer done by supervisors and observers judge cooperated with authorities village governments, schools, foundations working in the social field that was used to help the development of the former prisoners, such as BISPA hall, the Directorate-General of Social Rehabilitation Rehabilitation and social Affairs social waiter, etc. Some of the obstacles encountered in carrying out the duties of judges supervisors and observers are: The lack of clear sanctions for the prosecution when the judge did accost for the delay in execution of court decisions, resulting in the discharge of the prosecutor as executor of the supervisory role of the judge and the observer is not very meaningful; Not tied suggestion supervisory judge and observer in the form of improved types of training provided to the inmates. Forms and coaching and mentoring program that will be given to prisoners is basically composed by prisons chief, the head of programming prisons can receive advice from supervisors and observers judge or observer team Corrections. This makes the suggestion of the judge is not binding on the controller and observer chief prisons; A sense of the prisons that they are more aware of how the development of convicts because they have seen and mingle with inmates every day. Thus they feel better knowing what is best the needs of the inmates. Difficult to judge supervisors and observers visit more regularly to the prisons because the judge has the task to another in the District Court as a judge hearing the case filed in the State Court]]>
<![CDATA[PELAKSANAAN FIDUSIA SEBAGAI JAMINAN KREDIT DITINJAU DARI SEGI PENGAMANANNYA DALAM PRAKTEK DI PT. BATAVIA PROSPERINDO FINANCE SAMARINDA ]]>
<![CDATA[Al Mutakkim]]>
<![CDATA[ Journal of Law ( Jurnal Ilmu Hukum ) Vol 3, No 2 (2014) ]]>
Publisher : <![CDATA[Universitas 17 Agustus 1945 Samarinda ]]>
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<![CDATA[ABSTRACTThe right to acquire the remaining insurance payments occur in the event of loss of a motor vehicle as collateral objects. In this case PT. BATAVIA Prosperindo Finance has the right to file an insurance claim. If the net proceeds of the insurance compensation payment exceed the surplus remaining debt into consumer rights but when less then the drawbacks is the responsibility of the consumer of the consumer to pay to PT. BATAVIA Prosperindo Finance. With the loss of objects and guarantees the completion of insurance claims and the calculation of the entire debt financing terlunasinya consumers by fiduciary guarantee an end in itself. This is a proof of fiduciary assurance in terms of safety. Consumer debtor who has transferred or guarantee objects to a 3rd party without the knowledge and permission of PT. BATAVIA Prosperindo Finance, but during the installment payment lancer PT. BATAVIA Prosperindo Finance does not pull the vehicle but by taking the family way is by calling debtor or consumer and 3rd party to perform credit transfer or shift gears. As for the issues related to bad credit problems can be solved by means of deliberation and kinship and the debtor or consumer through its field employees, but in urgent situations PT. BATAVIA Prosperindo Finance will involve law enforcement authorities, in this case the police local area to be a mediator or arbitrator settlement which is based on a civil agreement that consumer financing agreement or accounts payable. Keywords: Fiduciary Implementation, Credit Guarantee, PT. Batavia Prosperindo Finance.]]>
<![CDATA[HAK DAN KEWAJIBAN DALAM PERJANJIAN SEWA BELI SEBAGAI PERJANJIAN INNOMINAAT YANG TIDAK SEIMBANG DI TINJAU MENURUT PASAL 1338 Jo PASAL 1320 KITAB UNDANG-UNDANG HUKUM PERDATA ]]>
<![CDATA[Putri Wisudawati]]>
<![CDATA[ Journal of Law ( Jurnal Ilmu Hukum ) Vol 3, No 2 (2014) ]]>
Publisher : <![CDATA[Universitas 17 Agustus 1945 Samarinda ]]>
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<![CDATA[ABSTRAKPerjanjian Sewa beli merupakan hukum kontrak innominaat adalah berbagai kontrak yang muncul dan berkembang dalam masyarakat , seperti kontrak Sewa Beli , kontrak production sharing, join venture , kontrak karya , leasing , franchise, kontrak kontruksi , kontrak rahim dan lain-lain . Hukum kontrak innominaat bersifat khusus, sedangkan hukum kontrak atau hukum perdata merupakan hukum yang bersifat umum . Artinya bahwa kontrak-kontrak innominaat berlaku terhadap peraturan yang bersifat khusus , sebagaimana yang tercantum dalam berbagai peraturan perundang – perundang yang mengaturnya. Apabila dalam undang – undang khusus tidak teratur maka kita mengacu pada peraturan yang bersifat umum, sebagaimana yang tercantum dalam Buku III KUH Perdata. Adapun pengaturan Sewa Beli sebagai Hukum Kontrak Innominnat diatur di dalam Buku III KUH Perdata, hanya ada satu pasal yang mengatur tentang kontrak Innominaat, yaitu pasal 1319 KUH Perdata. Jadi Sewa Beli sebagai perjanjian Innominaat bila ditinjau menurut pasal 1319 KUH Perdata adalah sebagai perjanjian yang berada di luar Kitab Undang –undang Hukum Perdata, jadi perjanjian tersebut tunduk pada sebuah aturan umum yang terdapat pada buku III Kitab Undang – undang Hukum Perdata, dalam arti boleh saja asal tidak bertentangan dengan Undang-undang, ketertiban umum, kepatutan dan kesusilaan. Berdasarkan hasil penelitian di Kota Samarinda dan beberapa kota besar di Indonesia atas perjanjian Sewa Beli ternyata bahwa semua perjanjian yang menjadi obyek penelitian mencantumkan Klausul tentang jatuh tempo, Klausul ini sehubungan dengan ketidakmampuan pembeli untuk melaksanakan pembayaran angsuran tepat pada waktunya sebagaimana diperjanjikan. Dengan tidak memperhatikan sebab musabab keterlambatan tersebut penjual dengan seketika dapat menyatakan membatalkan perjanjian dan berhak menarik kembali barang yang menjadi obyek perjanjian. Klausul atau syarat menggugurkan ini dianggap merupakan syarat yang tidak seimbang dan keberadaannya hanya menguntungkan penjual dan tidak pada pembeli]]>
<![CDATA[IMPLEMENTASI PERATURAN PEMERINTAH NOMOR 47 TAHUN 2008 TENTANG PROGRAM WAJIB BELAJAR 9 TAHUN DALAM PEMENUHAN HAK DASAR ANAK ]]>
<![CDATA[Maulida Agustina]]>
<![CDATA[ Journal of Law ( Jurnal Ilmu Hukum ) Vol 3, No 2 (2014) ]]>
Publisher : <![CDATA[Universitas 17 Agustus 1945 Samarinda ]]>
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<![CDATA[ABSTRACTThe opening of the 1945 constitution dedared the 4 paragraph states that 1 of the tasks is educating the nation and for it anyway then every citizen has the right to a decent education services in accordance with the times and the advancement of science.as for the formulation of the problem in the study of how the implementation of compulsory education system in samarinda city of 9 year based on Peraturan Pemerintah Number 47 of 2008 and how the roles and responsibilities of Pemerintah Daerah on the implementation of the Samarinda city of 9 year compulsory education program.purpose of this study was to determine the extent to which the education system is compulsory of 9 year in the Samarinda city and the extent to whicb the roles and responsibilities of Pemerintah Daerah in the implementation of 9 year compulsory education program.this research method is to use a normative juridical method is by using the resources of the library sources and method namely the juridical sociological research in the field.the result of research by the author to convey here that how the implementation of 9 year compulsory education program in the damarinda city and how the roles and responsibilities of Pemerintah Daerah on the implementation of the samarinda city of 9 year compulsory education program.as for suggestions that need to be considered in the implementation of 9 year compulsory education program in tehe samarinda city that program implementation is achieved with a amaximum.Keyword : implementation and children’s rights]]>
<![CDATA[TINJAUAN YURIDIS TERHADAP TINDAK PIDANA PENIPUAN MELALUI SOSIAL MEDIA ONLINE MENURUT UNDANG-UNDANG NOMOR 11 TAHUN 2008 TENTANG INFORMASI DAN TRANSAKSI ELEKTRONIK ]]>
<![CDATA[Rezki Mustika]]>
<![CDATA[ Journal of Law ( Jurnal Ilmu Hukum ) Vol 3, No 2 (2014) ]]>
Publisher : <![CDATA[Universitas 17 Agustus 1945 Samarinda ]]>
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<![CDATA[ABSTRACTJudicial Review of Crime Against Fraud Through Online Social Media According to Law No. 11 Year 2008 on Information and electronic transactions, is the title chosen by the author as a requirement in order to obtain a degree Strata one (S1). The intent and purpose of the writing of this law is that the public is more aware of how the crime of fraud through eleltronik media in accordance with Article 378 of the Penal Code and Law No. 11 Year 2008 on Information and Electronic Transactions. Criminal fraud through online social media even this is not classified as nothing new considering the development of existing technology in an earlier era. The existence of consumer rights as a victim in accordance with Act No. 08 of 1999 on Consumer Protection should be because in this case it is not impossible that people can be victims of these crimes. In this case, the method used in this research is normative juridical, meaning that exposure which aims to obtain a picture (descriptive) about the state of the applicable law in a certain place and at a certain moment or concerning symptoms or events juridical Law and Juridical Sociological ie by research directly. In fact criminal fraud through online social media is often the case in the community, especially to the students / student because the student / student is user / user novice in the electronic activity. Utilization of information technology, media and communications have changed the behavior of human society and civilization globally. In connection with the development of Internet media, implementation of the Law on Information and Electronic Transactions in Samarinda that has begun to be applied to activities through electronic, some extension has been implemented by the government in order to make the public more aware and cautious interact in social media. The government has taken various dissemination to the public to be more vigilant in the use of the internet. Socialization in the form of dissemination of information broadcast by local television and private media, the distribution to the public, especially to the student / student. Society in general should also be careful before buying or selling so as not to impact on fraud. Sometimes a principal mode manifold in order to lure victims. As a wise consumer, the public should know in advance what you want to buy, the quality of goods, procedures for payment until the arrival of the goods into the hands of consumers. Law on Information and Electronic Transactions of this technology users should be vigilant and careful in using it. Because it can be, with a lack of caution can have a negative impact on the users themselves.]]>
