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TINJAUAN YURIDIS TERHADAP PENYALAHGUNAAN HAK UTAMA JALAN OLEH MASYARAKAT DITINJAU DARI UU NO 22 TAHUN 2009 TENTANG LALU LINTAS DAN ANGKUTAN JALAN Iin Karmila
Journal of Law ( Jurnal Ilmu Hukum ) Vol 5, No 1 (2017)
Publisher : Universitas 17 Agustus 1945 Samarinda

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ABSTRACTLaw No. 22 Year 2009 section 134 explains the primary rights of road users who prioritize or have the primary right to take precedence and must be escorted by the Indonesian National Police officers. Escort is done to reduce the potential for traffic accidents which are of course very dangerous to the convoy itself as well as other road users. But still many people who do not want to give way to vehicles that have the right of priority.This research uses research method with sociological juridical approach which is implemented in POLRESTA Samarinda city by using interview technique, and interviewing the community around writer area itself. The data obtained are primary and secondary data, and library research. Darta obtained kemudiaan analyzed descriptively.The results showed that many causes why people misuse the main right of the road is the lack of knowledge about the regulations. And how efforts and steps undertaken by the police officers of the Police RI to safeguard and guard against community and government activities as needed. Key Words : misuse of the main right of the road

TINDAKAN ABORSI YANG DILAKUKAN AKIBAT HUBUNGAN DI LUAR PERKAWINAN DITINJAU MENURUT UNDANG-UNDANG NOMOR 36 TAHUN 2009 TENTANG KESEHATAN Verliana Wulandari
Journal of Law ( Jurnal Ilmu Hukum ) Vol 5, No 1 (2017)
Publisher : Universitas 17 Agustus 1945 Samarinda

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AbstractThis study examines how the arrangement of abortion according to the Criminal Code (KUHP) and Law Number 36 Year 2009 on Health. This research is a scientific research to find the truth based on scientific logic from side of law by using legislation. Types of legal materials that the author uses are primary legal materials, secondary legal materials, as well as tertiary legal material. In the formulation of the Criminal Code (KUHP) does not give any room at all to the implementation of the act of abortion. The rules are set forth in articles 299, 346,347,348 and 349. Mean while, according to Law Number 36 Year 2009 on Health is regulated in Articles 75-77 and 194. Slightly different from the abortion arrangements in the Criminal Code, the abortion arrangements in the Health Act provide the space for the occurrence of abortion for some reason. Articles 75 the law provides two reasons for the abortion, which is a medical indication of a congenital / genetic defect or saves the lives of mother and rape victims that many affect the psychological victims. KEYWORDS : ACT OF ABORTION

HAPUSNYA HAK ATAS TANAH AKIBAT PEMANFAATANNYA TIDAK SESUAI PERUNTUKAN PEMBERIAN HAKNYA Muhammad Rahfanni
Journal of Law ( Jurnal Ilmu Hukum ) Vol 5, No 1 (2017)
Publisher : Universitas 17 Agustus 1945 Samarinda

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ABSTRACT In the context of the abolition of private land rights, the meaning of private land is the land of the above eigendom where the previous owner of this law applies as the citizens of both men and women haveThe same opportunity to acquire land rights and benefits for both the self and the family so that if a person obtains a right to land the person has attached to the land which is also accompanied by his / her obligationThe research that the authors describe is the legality of rights over which is inconsistent with the designation of gift wherever the unused land shall be deprived of rights to its land or abolished by all applicable legal provisions for whoever violates the resulting land into state landIn the process of the abolition of the right therein in this case the land agency needs a process or supervision that regulates penysesuain of land that is not in accordance with the granting of his rights and impose sanctions on the holder of land property rights as a deterrent effect so that if the land is used in accordance with the allocation will create effects mutual benefit owners of rights and society will be the achievement of the spirit of UUPA fair and always provide benefits

RESIKO DALAM PERJANJIAN MENGULANG SEWAKAN DAN AKIBAT HUKUMNYA Yohan Lihu
Journal of Law ( Jurnal Ilmu Hukum ) Vol 5, No 1 (2017)
Publisher : Universitas 17 Agustus 1945 Samarinda

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AbstractCar rental service (four-wheeled) is a service company in the field of land transportation that receives its consumer orders, either for one destination or some destination by renting a car (four wheel) with the driver including fuel or just enough car (four wheel) its just fine. And also will always offer other service products to prospective customers.In a car lease agreement (four-wheeled) often repeat rent to another party due to the limited number of existing cars (wheels four) with the demand of tenants is high enough, so that renters often rent a car (four wheel) to rent again to the parties others to gain profit in meeting consumer demand.

TINJAUAN HUKUM PENYEBAR BERITA HOAX DI MEDIA SOSIAL MENURUT UNDANG-UNDANG INFORMASI TRANSAKSI ELEKTRONIK (ITE) / UNDANG-UNDANG NOMOR 11 TAHUN 2008 DAN PENYELESAIAN HUKUM Saharuddin Saharuddin
Journal of Law ( Jurnal Ilmu Hukum ) Vol 5, No 1 (2017)
Publisher : Universitas 17 Agustus 1945 Samarinda

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ABSTRACTActivities in the cyber space are virtual activities that have a very real impact even though the evidence is electronic. Accordingly, the subject of the culprit must also be qualified as a person who has committed a real legal act. In e-commerce activities, among others, the existence of an electronic document whose position is synchronized with documents made on paper. In this regard, it is necessary to consider the security and legal certainty in the utilization of information technology, media, and communication in order to develop optimally. Therefore, there are three approaches to maintain security in cyber space, namely the legal aspect, technological aspects, Social, cultural, and ethical. To overcome the disruption of security in the implementation of electronic systems, the legal approach is absolute because without legal certainty, the issue of utilizing information technology becomes not optimal. In principle, the act of spreading the hoax news that has a tendency as a criminal act of defamation, more concretely tends to qualify as a criminal act of defamation (laster). That is because the false news that is conveyed does not contain the truth, what he has allegedly never done for the accused, by the Criminal Code is classified as "slander". Associated with the distribution of news hoax that can harm the collective interests, the target of his actions is definitely fixed on the interests of the audience. This act in the law is often to be included with the consequences of his actions; (1) Whether to cause trouble; (2) Or will it cause a sense of hatred towards a group.Keywords : Hoax, false news, social media, cyber

PERLINDUNGAN HUKUM KEKAYAAN INTELEKTUAL TERHADAP TRADITIONAL KNOWLEDGE GUNA MEMBANGUN EKONOMI INDONESIA Bima Rangga Putra Putra
Journal of Law ( Jurnal Ilmu Hukum ) Vol 5, No 1 (2017)
Publisher : Universitas 17 Agustus 1945 Samarinda

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ABSTRAKTujuan penulisan hukum ini adalah untuk mengetahui perlindungan hukum kekayaan intelektual terhadap traditional knowledge guna pembangunan ekonomi Indonesia.Penelitian hukum ini adalah penelitian normatif yaitu penelitian hukum yang mengkaji hukum sebagai norma dilakukan dengan cara meneliti bahan pustaka atau data sekunder, yang bersifat diskriptif. Lokasi penelitian dilakukan di dua perpustakaan pusat yaitu, Perpustakaan Daerah Kota Samarinda dan Perpustakaan Universitas Tujuh Belas Agustus Samarinda. Pendekatan yang digunakan menggunakan metode pendekatan normatif/ yuridis. Jenis datanya data sekunder, yang terdiri tiga jenis bahan hukum (primer, sekunder dan tersier). Teknik pengumpulan data dengan studi kepustakaan atau studi dokumenter ditunjang cyber media. Analisis data yang digunakan adalah content analysis (tehnik analisis isi). Kata kunci : Budaya, Traditional Knowledge.

UPAYA HUKUM DALAM PENYELESAIAN TINDAK PIDANA KEKERASAN DALAM RUMAH TANGGA DI LUAR PENGADILAN DI KOTA SAMARINDA Agustina Friskawanti
Journal of Law ( Jurnal Ilmu Hukum ) Vol 5, No 1 (2017)
Publisher : Universitas 17 Agustus 1945 Samarinda

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ABSTRACT The settlement of non-litigation or off-court domestic violence cases is also very important because it has a positive impact and effect for the relationship of both parties for the sake of the unity of the household and family reuniting and the legal status as the husband of the head of the household, the wife of the housewife and children from the fruit of their love. As regulated in Article 1 of Law No. 1 of 1974 on Marriage which is the main purpose of the marriage itself. The marriage that is built forms a small scope which is the first part of the community that is the family as regulated in Article 2 of Law Number 23 Year 2004 on the Elimination of Domestic Violence, that the family consists of husband, wife and children basically. In this case the family as a small community that became the first socialization before knowing the wider community, therefore the integrity of the family is very important to be maintained and upheld.

MASALAH PENARIKAN KEMBALI TANAH WAKAF OLEH AHLI WARIS DARI WAKIF Sulviana Livita Agustina Maulida
Journal of Law ( Jurnal Ilmu Hukum ) Vol 5, No 1 (2017)
Publisher : Universitas 17 Agustus 1945 Samarinda

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ABSTRACTThe Wakif who has paid his land even though the wakaf land has not been certified is already considered lawful. And the land represented shall be a clean and free land of any encumbrance or dispute, because to ensure the certainty of legal rights and certainty. Because wakaf is a legal act of a person or legal entity that separates a portion of his or her possessions, in the form of property land and institutionalizes it forever for the sake of worship or other public purposes in accordance with the teachings of Islam.For wakaf land that has not been certified and registered in the deed of pledge of waqf in the Office of Religious Affairs, so for the wakaf land can not be withdrawn by his heirs for any reason. Because this is a wakif legal act to escape from the right of ownership, where wakif memakafkan his property with the aim of amalah religious life in accordance with the teachings of Islam and Government Regulation No. 28 of 1977. Thus for land wakaf that has not been certified to ensure the existence Certainty of rights and legal certainty for the wakaf land, must be made a certificate of awqaf in the Land Office. So that there is no problem or dispute about the wakaf land recall by heirs of wakif.In the practice of land ownership in the event of a dispute, the majority of the people in the Samarinda Municipality do not wish to bring the dispute to the Court. But first settled by way of deliberation between the disputing parties in each village or village witnessed in the presence of Village Head or Village Head. And if an agreement is reached, a peace statement will be made by the local urban village office to prove that the wakaf land is clearly represented. Except where the parties to the dispute can no longer be reconciled in a kinship, the case may be continued to be brought to the Religious Courts, especially the Religious Courts of Samarinda Municipality.

HAK DAN KEWAJIBAN PENGGUNA TENAGA LISTRIK DI KABUPATEN MALINAU YANG TIDAK SEIMBANG SERTA AKIBAT HUKUMNYA Dimas Gatot Suseno
Journal of Law ( Jurnal Ilmu Hukum ) Vol 5, No 1 (2017)
Publisher : Universitas 17 Agustus 1945 Samarinda

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ABSTRACT The complaining of consumers of electricity in the case of careless and or breaching of the State Electricity Enterprise (PT PLN) the district East and North Kalimantan (APJ Wilayah Kalimantan Timur and the area of North Berau, the Rayon of Malinau, namely the Fluctuation or the increasing of high voltage. The immediate high voltage being occured immediately caused a hundred of electronic equipments such as refrigerator, television and VCD player being damaged even some of them were burnt; The electricity was off immediately without being informed in advanced by the State Electricity Enterprise (PLN); The increasing of basic electricity (TDL) done once in quaterly. If it is connected to the consumer’s rights of getting the electricity with the reasonable tariff concerning Article 34 Paragraph 1(c), therefore the increasing of basic electricity (TDL) once in quaterly is not really reasonable, in connection with the level of income of community is not increased once in quaterly. Let`s take for instance, in a year, we are not certain the income of community would be increas in or not; The callculating of electricity tariff is not suitable with the usage of consumers. This case could be existed due to the fault of recording of bill, caused by marking up of bill due to the usage of system of former illegal bill being made. The increase of the electricity tariff is more than 30% (thirty percent), the business charging of housing and others; More over the case of requiring the decreasing of power it takes a long time being realized, for instance from 1.300 Kwh reducing it to 900 Kwh or reducing 900 Kwh to 450 Kwh. It is obvious breaking the rights of comsumers namely choosing substances and or services; The diconnected of electric currentbeing done by a singlely side. In this case the consumer should have the returning of consumer’s guarantee service fee in accordance with Article 7, Paragraph (5) SPJBTL. Being able to demand from his rights on compensation, consumers, either alone or in unison via their lawyer are able to demand their rights on guarantee by the ways of : Visiting, discussing and overcoming its themself directly with the State Electricity Enterprise (PT PLN); by bringing an accusation to “YLKI”; going the tough ligitation via the District Court where the accusation being able to be done based on breach (wanprestasi) an or the action of against the law. Hindrances which are appearing for the afford of doing the accusation against the Limited State Electricity Enterprise (PT PLN), among others : There is a standardization of Minimal Service Area of (SPM) which is belonging to “PT PLN” (Persero), “APJ” District of East Kalimantan and North one. the area of Berau, Rrayon of Malinau, causing a difficulty for the enterprise being accused on the black out of electricity within less than 3 x 24 (three times twenty-four) hours incessantly. Consumers have a passive attitute and not very cooperative during the process of doing the accusation with the “PT PLN” on mediating. This case caused the process of being stopped without being overcome; The consumers “are not brave enough” to go forward to continue their accusation via the court. Less of knowledge of conssumers concerning their rights and responsibility as well as the affords of what they are able to do when they have some disadvantages being caused by the PT PLN. Keywords : breach, State Electricity Enterprise (PLN), basic electricity (TDL), high voltage, Indonesian Institute of Consumer (YLKI).

PARADIGMA BARU DALAM MENGATASI KENAKALAN ANAK REMAJA DI KOTA SAMARINDA (Tinjauan Yuridis UU 35 Tahun 2014 Tentang Perlindungan Anak) Fitryah Fitryah
Journal of Law ( Jurnal Ilmu Hukum ) Vol 5, No 1 (2017)
Publisher : Universitas 17 Agustus 1945 Samarinda

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ABSTRACT New Paradigm Overcoming the Delinquency of Adolescent Children in Samarinda City (Judicial Review of Law Number 35 Year 2014 on Child Protection). Essay. Faculty of Law. University of 17th August 1945. Samarinda. Supervisor: (1) Ibu Kunti Widyawati, S.H., M.Hum; (2) Mrs. Isnawati, S.H., M.H.In this era of globalization, adolescents are often the center of attention among the public. This is due to the behavior that is considered perverted among them. This can be understood as a behavior that is considered to have exceeded the limits of fairness in the family, school, and community. That way, it is necessary to hold a research that can provide innovation or ideas to solve the problem.This study aims to determine the factors that affect juvenile delinquency and new paradigm in overcoming juvenile delinquency in the city of Samarinda. The method used in this research is normative legal research using normative juridical approach based on Judicial Review of Law Number 35 Year 2014 on Child Protection. In this realm, the researcher uses the source material or material that is in this thesis from the result of the literature. However, Head of Service Unit and Child Protection Polresta Samarinda and SMK Muhammadiyah 3 Samarinda also no less important to support the results of this study.The results of this study concluded that factors that can affect juvenile delinquency in the city of Samarinda there are 3 factors, namely: (1) personal factors; (2) family factors; and (3) social environmental factors and the dynamics of their changes. For the new paradigm that is used to overcome juvenile delinquency in order to keep attention to the rights of adolescent children based on juridical review of Law Number 35 Year 2014 About Child Protection is counseling guidance method through teacher of BP (Guidance and Counseling) that exist in school. This method is oriented towards positive development of the client (adolescent / student).In the end, this research provides advice into two domains: (1) for law enforcement officers, should clarify and include sanctions to the actors who act casually in judging juvenile delinquency; (2) for the parents of a distorted teenager should remain reasonable and not violate the law in educating his or her child. Keywords: juvenile delinquency, new paradigm, and Act No.35 of 2014

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Contact Name
-

Contact Email
-

Phone
-

Journal Mail Official
-

Editorial Address
-

Location
Kota samarinda,

Kalimantan timur

INDONESIA