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DEDIKASI JURNAL MAHASISWA
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Articles 129 Documents
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KEABSAHAN PERLAWANANPIHAK KETIGA TERHADAP SITA EKSEKUTORIAL DAN AKIBAT HUKUMNYA DI PENGADILAN NEGERI SAMARINDA Andi Andi
Journal of Law ( Jurnal Ilmu Hukum ) Vol 4, No 1 (2015)
Publisher : Universitas 17 Agustus 1945 Samarinda

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ABSTRACTIn the resistance against the confiscation good third party was brought against confiscation eksekutorial, nor against confiscation, such third parties fighting, and was originally called the plaintiff and the defendant challenged sequester originally called challenged consumed. Article 195 (6 and 7) HIR set: Resistance to seizure executorial; Submitted by the challenged / consumed; Submitted by third parties on the basis of property rights; Resistance filed with the district court chairman yangmelaksanakan execution; There is an obligation of the chairman of the district court that checks / cut resistance to report on the examination / decision of the case of resistance to the chairman of the district court which ordered eksekusi.Pasal 207 and Article 208 HIR set: How to apply resistance (orally or in writing); To whom / which the chairman of the district court, the resistance must be filed; The existence of the principle, that the opposition does not suspend execution; Exceptions to these principles; The possibility to apply banding.Dari clauses in question seems clear that the opposition filed against the confiscation eksekutorial. It means, that the goods in question, is the confiscation of goods that can be raised against him beg, they are in foreclosure, in other words, that the goods have not been auctioned off or must be delivered (carried surrender to the winning side).Keywords: eksekutorial seizure resistance.
WAJIB BELAJAR 9 (SEMBILAN) TAHUN TERHADAP ANAK YANG DIJATUHKAN PIDANA DENGAN SYARAT BERDASARKAN UU NO. 11 TAHUN 2012 TENTANG SITEM PERADILAN PIDANA ANAK Anugrah Ashriany
Journal of Law ( Jurnal Ilmu Hukum ) Vol 4, No 1 (2015)
Publisher : Universitas 17 Agustus 1945 Samarinda

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ABSTRACT Analysis to 9 (nine) years education compulsory for children with requirements under the criminal law - law number 11 of 2012 about the Juvenile Justice System, advised by Kunti Widayati, SH, M. Hum, as a supervisor I and Ony Rosifany SH, M. Hum as Supervisor II.Penalty clause is one of the ways which the application of criminal supervision and implementation is done outside the prison, while the requirements for implementing the penalty clause is required to attend the 9 (nine) years education compulsory as mentioned in chapter 73 article (8) Constitution of Juvenile Justice System.The program of education compulsory to fulfill the state's responsibility in terms of education services is one of the requirements that must be implemented to children in conflict with the law under the supervision of the Public Prosecutor and guided by Supervisor Society.The 9 (nine) years education compulsory activities to children with sentenced to penalty clause handled by the Education Department in collaboration with several agencies such as the Social Service District City, KPAI Province, Central Office of Correctional Class II, the Court, the Prosecutor and the local police.It is recommended to do enhancement and improvement of coordination between relevant institutions that deal with children in conflict with the law to increase the 9 (nine) years education compulsory program of children with penalty clause.   Keywords :children, education, criminal, law
IMPLEMENTASI PERATURAN DAERAH KOTA SAMARINDA NOMOR 13 TAHUN 2011 TENTANG RETRIBUSI JASA UMUM Desy Piyonita
Journal of Law ( Jurnal Ilmu Hukum ) Vol 4, No 1 (2015)
Publisher : Universitas 17 Agustus 1945 Samarinda

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ABSTRACT National Development is improving the quality of human effort and the people of Indonesia are conducted on an ongoing basis, based on national capabilities, by utilizing advanced science and technology and should be able to pay attention to the challenges of global development. Implementation refers to the national identity and values aimed at realizing the lofty universal life sovereign nation, equitable, prosperous, advanced, independent, and firm moral and ethical strength. Thus, building the welfare of the people and cultures endurance is an important agenda and strategic development.Retribution as well as local tax is one of the original income is expected to be one of the sources of financing of local governance and development, to improve and equalize the welfare of the community. Opinions Ahmad Yani "Regional provincial, district / city given the opportunity to explore the potential of financial resources by specifying the type of charges other than those specified, that they meet the established criteria and in accordance with the aspirations of the people".Public services are services provided or administered by local governments for the purpose of the benefit and the benefit of the general public . Form of public services provided or administered by the Regional Government to the general public realized in services . Thus , Public service levies are levied against the individual or entity who uses / enjoys public services are provided or administered by the Government . When compared to the application of the appropriate Regional Regulation No. 13 of 2011 with the objec field , many of the policies carried out by the parties in the running application retibusi Dispenda this , the statement by the Public Relations Staff Dewi Wahyuni Revenue Office " most people do not understand this retribution for what , and communities to distrust us , they must have felt the proceeds of the levy will be perverted , but for our institution never did misappropriation of funds , there may be some who do that and that person , so we never give sanction to the public or company who have or are late in paying a levy , we do a lot of public policies that actually spoil , but we did this for the good of the city so that all of the actors or public service users to pay levies , although late , as long as they pay . "Under real conditions Revenue Samarinda, the authors hope Dispenda more firmly against the policies of retribution and the sanctions provided so that people pay more attention to the payment of the levy in accordance with applicable regulations.
PENYELESAIAN SENGKETA TANAH DI JALAN WOLTER MONGONSIDI SAMARINDA ( ANALISIS PENETAPAN PUTUSAN PENGADILAN NEGERI SAMARINDA NOMOR: 101/Pdt.G/2013/PN.SAMARINDA ) Agustina Evie
Journal of Law ( Jurnal Ilmu Hukum ) Vol 4, No 1 (2015)
Publisher : Universitas 17 Agustus 1945 Samarinda

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ABSTRACTThe purpose of this study was to find solution to the problem of land disputes rife in the country. As we all know the problem of land ownership always arise from time to time. In this case I chose  land dispute case in road Walter Mongonsidi where plaintiff purchased the land on the basis of letter of waiver but it is known that the certificate has been published in the National Land Agency of the Land.This study used data collecyion techniques by reading, studying and digging through the staff at the District Court of Samarinda, interviews with plaintiffs and attend proceedings dirrectly in the casa of land dispute resolution Wolter Mongonsidi Road. The nature of this study is qualitative descriptive analysis that describes the theory of civil law with the realities of legal practise in the field, as well as the impact of a slight difference from theories to practice.The result showed was a consideration in decidingcase judges not only revolve around the legal principle of justice, moral justice and social justice, but on the conscience, so that the law really be justice in the hands of judges and powerless function for justice seekers.Keywords : land dispute
PENCEGAHAN PEMBUKAAN REKENING DALAM TINDAK PIDANA PENCUCIAN UANG PADA KANTOR CABANG SYARIAH BPD KALTIM Agung Bhakti Hutomo
Journal of Law ( Jurnal Ilmu Hukum ) Vol 4, No 1 (2015)
Publisher : Universitas 17 Agustus 1945 Samarinda

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ABSTRACT                This study aims to test empirically and find out how your account opening for the prevention of money laundering in the customer service unit at the Branch Office BPD Kaltim Samarinda. This study intends to find out how much tips and effort BPD Kaltim early Islamic prevent money laundering in particular of the earliest and small are in the process of opening an account to run the business - the dirty business of the perpetrators - perpetrator of money laundering (AML ). The research method that I use is empirical juridical sociological approach, the sampling method used by the writer is using purposive sampling technique. This research data retrieval technique using interviews, observation, and documentation. Type of interview used by the author is the semistructured interview. Method - the method of account opening made in the prevention of money laundering in the customer service unit must have been set in the applicable SOP, but of SOP is not enough, where power analysis or assessment conducted by the CS and Teller to each customer conducting transactions banking and menentukkan important enough. From this analysis to sharpen soul to the customer service -user user company is obliged to provide training - training with themes and new concepts related background mode - the mode abusing customers who bank savings account in conducting money laundering.Key word : Money Laundering
KEUTAMAAN HAKAMAIN ATAS ALASAN SYIQAQ DI PENGADILAN AGAMA SAMARINDA Hidayat Rahman
Journal of Law ( Jurnal Ilmu Hukum ) Vol 4, No 1 (2015)
Publisher : Universitas 17 Agustus 1945 Samarinda

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ABSTRACT                                        This study, entitled "The virtue Hakamain Top Reasons Syiqaq In Samarinda Religious Court". Core issues that were examined in this study are: first, how the settlement divorce on the grounds syiqaq in the Religious Samarinda Court? second, how the procedures for the appointment hakamain the divorce case on the grounds syiqaq in the Religious Samarinda Court? third, whether the application of procedural hakamain in the case of divorce on the grounds syiqaq in Samarinda Religious Courts are in accordance with the Act - Act No. 50 of 2009? Based on the core issues above, the purpose of this study are: first, to explain what it hakamain as well as the functions, duties and powers. Second, explain the meaning syiqaq and various reasons. Third, explain the implementation hakamain in their divorce case on the grounds syiqaq in the Religious Samarinda.This research is descriptive research analysis. The approach taken is normative juridical approach that includes the history of law and comparative law. The data collection techniques through the study of literature and through field research. Data analysis techniques performed by juridical qualitative, and the results are set forth in the form of descriptive narrative.Based on the analysis the researchers did in order to answer the issues raised in this study, it can be concluded: first, settling disputes syiqaq the same as a regular divorce trial, which is the case registration must differentiate on grounds syiqaq from the beginning. Second, that the procedures for the appointment hakamain within reason of divorce on the grounds syiqaq is through interlocutory decision made judges who examined the case, before dropping a decision in which it is an incidental action of the judges. Hakamain from each party - each plaintiff and defendant in which they were proposed by the parties themselves. Third, the application hakamain in divorce cases must be in accordance with the laws - laws that apply and it is also the basis for the decision of the judges to examine cases of divorce on grounds syiqaq.On the basis of these conclusions the researchers propose suggestions: first, the need for public understanding of the steps - steps that must be taken before it filed for divorce in the Religious, especially on approaches amicably between a husband - wife who was bickering, so the expected effectiveness hakamain as emphasized by Al - Qur'an can be realized in the community, so the socialization of hakamain role can be further improved. Second, In an effort to reduce the number of divorce which included high within the jurisdiction of the Religious Court Samarinda, should the need for action - real action from relevant State Government agencies such as the Office of Religious Affairs, the Agency for Preservation Development Advisory Marriage (BP4) and agencies - other institutions that tekait the relationship of marriage and pre-marriage preparation for people - people who are ready to get married either in relation to maturity physically, spiritually and financially. With the expectation of future divorce for any reason including syiqaq that motivated by factors - factors mentioned above can be minimized as much as possible. Third, as a measure of academic need also held training for students of the Faculty of Law and Faculty of Shariah regarding the ability to be a mediator in reconciling the parties were bickering including syiqaq case is given in the existing curriculum at the Faculty of Law and Faculty of Sharia is still dominant limited Theoretically, so it needs to be balanced with practice-based curriculum. Where a mediator is not just only in the household problems as described above, but also a mediator could about what the fuss problems between individuals, between organizations with the organization, between individuals and organizations even from country to country. 
TINJAUAN YURIDIS TERHADAP PENYALAHGUNAAN LEM FOX OLEH ANAK JALANAN DAN REMAJA SEKOLAH (STUDI KASUS DI KOTA SAMARINDA) Muhammad Iqbal
Journal of Law ( Jurnal Ilmu Hukum ) Vol 4, No 1 (2015)
Publisher : Universitas 17 Agustus 1945 Samarinda

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ABSTRACT This study aims to determine the factors that led to that street children and adolescents abusing school glue fox and to determine measures to be taken to prevent its misuse.This research was conducted in the city of Samarinda precisely in Samarinda Police Office as well as on various roads or gathering place for street children and adolescents of school.The method used is qualitative case study approach with interview techniques.Results of the study authors, there are factors that encourage street children and adolescents abusing school glue fox in the city of Samarinda namely that the dominant factor is the influence of the environment both in neighborhoods and schools, and also due to the inability to buy drugs are relatively expensive and not according to ability economy of street children and adolescents of school as a user, so as an alternative to using addictive substances were relatively easy to obtain dangerous to inhale glue the fox, but it is also due to the curiosity of the fox glue itself  so began to try and finally addiction, as well as other reasons due less harmonious family relationships, so that led to the abuse of glue fox as a fugitive on the issue.In getting solution the abuse of fox glue, Pre-emptive efforts had only limited to providing education or enlightenment about the dangers of narcotics and other addictive substances to parents and pupils in various schools in the city of Samarinda, Preventive efforts also in the form of a routine patrol and surveillance accompanied by police raids assisted Satpol PP around the streets of the city of Samarinda, and last Repressive efforts to curb, the return of children to parents along with a warning as well as the construction of a rehabilitation center for drug users and other addictive substances including for abusers glue fox, so that the effort required of all three increased functionality and support as well as community participation. Keywords:  fox glue, addictive
TANGGUNG GUGATPENGANGKUT ORANG CV. ALFIAN INDAH PUTRA DALAM ANGKUTANUMUMSANGATTA-BONTANG KALIMANTAN TIMUR Mukri Mukri
Journal of Law ( Jurnal Ilmu Hukum ) Vol 4, No 1 (2015)
Publisher : Universitas 17 Agustus 1945 Samarinda

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AbstrakDalam hal pelaksanaan pengangkutan orang dengan menggunakan otobus, apabila terjadi kerugian fisik penumpang yaitu berupa luka ataupun meninggal yang diakibatkan oleh kecelakaan/kelalaian penumpang sendiri selama terjadi dalam proses pengangkutan akan menjadi tanggung jawab pengangkut. Dalam hal ini pengangkut mengganti kerugian terhadap penumpang (korban atau ahli warisnya) dengan memberikan biaya pengobatan atau santunan. Setiap penumpang yang menggunakan jasa angkutan PO Bus sudah dikenakan Asuransi Kecelakaan Jasa Raharja yang dibayarakan oleh pihak PO Bus setiap bulannya. Maka dalam hubungan ini penumpang juga dapat menggunakan klaim atas kerugian pada pihak asuransi.Terhadap kehilangan/kerusakan barang bawaan atau barang cangkingan milik penumpang yang diakibatkan oleh kecelakaan lalu lintas atau kesalahan/kelalaian awak bus, maka dalam hal ini pihak pengangkut (PO Bus) tidak bertanggung jawab dan tidak memberikan ganti kerugian. Alasan pembatasan tanggung jawab adalah :Pihak pengangkut telah mencantumkan klausula dalam setiap tiket bahwa “barang hilang/rusak resiko penumpang”.Barang bawaan penumpang tidak pernah diperiksa isinya oleh pengangkut.Pengangkut tidak pernah memungut tarif atau ongkos terhadap barang bawaan penumpang. Penyelesaian dalam hal terjadi kerugian dalam pengangkutan orang, antara pengangkut (PO Bus) dengan penumpang dapat diselesaikan dengan musyawarah dan sampai saat ini belum pernah dibawa ke pengadilan. Kata kunci: Tanggung Gugat Pengangkut Orang Cv. Alfian Indah Putra Dalam Angkutan Umum Sangatta-Bontangkalimantan Timur.
ANALISIS YURIDIS TERHADAP PEMALSUAN PAKAIAN MERK ‘RIP CURL’ DI UD RAHMAD KONVEKSI KOTA SAMARINDA BERDASARKAN UNDANG-UNDANG NO 15 TAHUN 2001 TENTANG MEREK Arief Ramadhan
Journal of Law ( Jurnal Ilmu Hukum ) Vol 4, No 1 (2015)
Publisher : Universitas 17 Agustus 1945 Samarinda

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abstractIntellectual Property Rights ( IPR ) is closely related to the protection of the brand. But the problem is many businesses producing clothing under the brand of others without the original rights holder concerned . This is also reflected in the city of Samarinda ie businesses that produce clothing brand " Rip Curl " is not original .This study aimed to analyze the law enforcement against businesses that produce clothing brand " Rip Curl " are not original and what sanctions obtained by businesses that produce clothing brand " Rip Curl " that no original from the perspective of existing regulations and provide concepts against the government , businesses in order to create the rule of law in the production of clothing .Keywords : Intellectual Property Rights , Original and Not Original
PERBUATAN MELAWAN HUKUM YANG DILAKUKAN OLEH ANAK DI BAWAH UMUR BERDASARKAN KETENTUAN PASAL 1367 KUH PERDATA STUDI DI POLSEK TENGGARONG KUTAI KARTANEGARA Afhin Windriadi
Journal of Law ( Jurnal Ilmu Hukum ) Vol 4, No 1 (2015)
Publisher : Universitas 17 Agustus 1945 Samarinda

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ABSTRACTAFHIN WINDRIADI, Faculty of Law, University of August 17, 1945 Samarinda. Unlawful acts undertaken by the Child Under the age of the provisions of Article 1367 KUH Perdata.Studi in police Tenggarong aquatic mammal.  This study aims to determine the definition of negligence that resulted in the death of another person and responsibility Parents of children who commit negligence in accordance with the provisions of Article 1367 of the Civil Code in police Tenggarong aquatic mammal.The research was conducted in August. Police Tenggarong in Kutai. This study merupkan kind of descriptive research analyst and also includes normative and empirical research. The type of data used is the data type Primary sourced from the Code of Civil (Civil Code), Act No. 35 of 2014.Based on the results, then be able to determine negligence committed by children and responsibility Parents of children who commit negligence that caused the death of a person under the provisions of Article 1367 of the Civil Code.

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