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KEKUATAN PEMBUKTIAN AKTA NOTARIIL BERBAHASA ASING DALAM PENYELESAIAN SENGKETA WANPRESTASI Ratih Wibisono
Journal of Law ( Jurnal Ilmu Hukum ) Vol 5, No 1 (2017)
Publisher : Universitas 17 Agustus 1945 Samarinda

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ABSTRACT Notarial Deed is made to ensure the certainty, order and size of law in performing legal action that serves as a written evidence of the circumstances, events or legal acts. Notarial Deed is an official document issued by a Notary who possesses absolute and binding powers of evidence, otherwise it is a perfect proof so that there is no need to be proved with other verification as untruths can not be proven. Terms of use of language in the deed, notarial deed must use indonesian language pursuant to the provisions as regulated in Article 43 paragraph (1) of Law Number 2 Year 2014 amendment to Law Number 30 Year 2004 regarding Position of Notary Indonesian Notary must be made in Bahasa Indonesia , Shall be in the hands of article 43 paragraph (3) of Law Number 2 Year 2014 on Notary Public Notary's office may be made by using a foreign language to accommodate the parties who want. In the case of translation of this deed is very possible there is a difference in the arrangement of the contents of the deed between the Indonesian language deed with a foreign language deed of the things that arise legal issues regarding the power of the Creation of the deed using foreign languages in the event of a breach event there is a difference of translation of the contents of the deed between the deed of which language Indonesia by a foreign language deed and the settlement of the legal case and how the notary's accountability as the making of the deed to the loser.

TINJAUAN HUKUM LINGKUNGAN DAN HUKUM KEHUTANAN TERHADAP KERUSAKAN HUTAN DAN LINGKUNGAN PADA IZIN USAHA PEMANFAATAN HASIL HUTAN KAYU (IUPHHK-HA) DALAM HUTAN ALAM PADA HUTAN PRODUKSI Sularno Sularno
Journal of Law ( Jurnal Ilmu Hukum ) Vol 5, No 1 (2017)
Publisher : Universitas 17 Agustus 1945 Samarinda

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ABSTRACTThe focal point of this research is to highlight the policy of the Government of the Republic of Indonesia since the New Order era in issuing forestry decisions in the form of Forest Forest Protection Permit (HPH) or Timber Forest Product Utilization Permit in Natural Forest (IUPHHK-HA now) Governments, Local Governments, and forest communities, knowing the very happy IUPHHK-HA activities due to the failure of the forestry environment, types of activities and how to recover damage to the forestry environment. Include constraints and barriers - what unit units, efforts are being made to overcome these obstacles and barriers, and appropriate forms of accountability for forest damage offenders and environmental degradation, as well as the terms and conditions that must be met by IUPHHK-HA legally and legally produced timber products in accordance with the Law and other applicable provisions.The method used is the empirical juridical approach that is the approach done by looking at existing practices in the field. This is done in a straightforward way in the field. In relation to this research with empirical juridical research methods, the authors conducted a study of primary data in the field of environmental management and implementation, on the types of IUPHK-HA activities that often cause environmental damage, the impact of these activities as well as ways - forest destruction recovery, explosive solutions, the efforts made by the Timber Forest Product Utilization Permit (Plantation Forest) in the Natural Forest in Production Forest of PT. Triwiraasta Bharata in West Kutai district of East Kalimantan Province, and a form of accountability for plasma companies undertaking lessons in the forestry environment.The results of this study and study provide an overview of Timber Forest Product Utilization Permit in Natural Forest (IUPHHK-HA) in accordance with its permit are logs, for legal and legal log products in accordance with applicable laws and regulations, the requirements are not small and the time and process is long enough. Unlike some people who imagine that the logging business is the easiest and the fastest because he immediately cuts and sales. Perhaps the assumption that there is a targeted truth is a culprit of illegal loggers or liar pemarakong.The current condition provides an overview divided into the form of IUPHHK-HA which is included in severe and full conditions. There are several things that cause it to happen, among others: forestry regulations are increasingly tight, often fickle, burdensome and get a high price; increasing legal uncertainty and business uncertainty caused by reform euphoria affecting customary land claims, customary rights, ancestral forest claims without a legal basis; reducing standing conditions due to uncontrolled illegal logging behaviors that have occurred in the last 15 (fifteen) years, overlapping of mining land spent in forested areas, international pressures exploiting the issue of forest and environmental degradation.Law Number 41 Year 1999 on Forestry, Law Number 32 Year 2009 on Environmental Protection and Management, Law Number 18 Year 2013 on Prevention and Eradication of Forest Degradation, Instruments and Highlights with correct field application and capable in implementing mandate for the Protection of deforestation and the environment, perhaps only what needs to be improved actually in enforcement and enforcement

UPAYA PERLINDUNGAN HUKUM PENGELOLAAN WILAYAH DI KALIMANTAN TIMUR ( TINJAUAN HUKUM PERATURAN DAERAH PROVINSI KALIMANTAN TIMUR NOMOR 1 TAHUN 2016 TENTANG RENCANA TATA RUANG WILAYAH KALIMANTAN TIMUR 2016-2036 ) Rustati Rustati
Journal of Law ( Jurnal Ilmu Hukum ) Vol 5, No 1 (2017)
Publisher : Universitas 17 Agustus 1945 Samarinda

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ABSTRACT East Kalimantan was the region with the potential of natural resources are abundant. The wealth of natural resources be authorized to manage and develop their regions. Although it is undeniable that manage these natural resources are issues that become dynamics in governance. The issue of natural resorces becomes very important when associated with implementation between different level of goverment into the empirical facts for the goverment in achieving environmenrally sustainable development. The role of the provincial government that had been expected to be cen realized in line with expectations. Cooperation beetween the governmentand stakeholders in the area have not materialized as it should be. Effort to involve stakeholders as stated in the act autonomy. Imagine, 1945 that the ability of local goverment to manage and utilize these resources will give effect to the areaof financial management. The potential of natural resources owned by the East Kalimantan Province becomes strategic when it can be managed and developed optimally in supporting the wheels of government and developed of the region. Efforts legal protection zone management in Eas Kalimantan (Law review East Kalimantan Provincial Regulation No. 1 Year 2016 on Spatial Kaltim 2016-20136): (1) development is inseparable from the develoment regions of the world, investors wiil invest in areas the have the political conditions stable and supported by adequate resources (2) empowering comunities (3) approach to comunity emprowerment is a demand that must be met Good Govermance (4) Climate and good performance in the contruction needs to be run. Its characteristis is community participation, transparency, responsiveness and accountability.Keyword : Spatial Area, Protection Zone Management

FUNGSI ITIKAD BAIK DALAM PERJANJIAN PINJAM MEMINJAM UANG PADA KOPERASI SERBA USAHA KALIANUSA DI TINJAU DARI PASAL 1338 AYAT (3) KITAB UNDANG - UNDANG HUKUM PERDATA Muhammad Gunarso
Journal of Law ( Jurnal Ilmu Hukum ) Vol 5, No 1 (2017)
Publisher : Universitas 17 Agustus 1945 Samarinda

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ABSTRACT The function of good faith is very important because to restrict the arbitrary action against others who are vigilant and then to provide legal protection to the honest parties in the implementation of the agreement. Both parties must be acting in good faith in implementing the agreement. There are times when good faith has been fully carried out and considered, but the implementation of the agreement is still in deadlock (deadlock). This is where the attention is required towards compliance so that an event can be completed satisfactorily. Of course, as with all the goods things that contain award (waardering), compliance is not likely to result in a settlement of events that satisfy every man, but always is not absolute (relatief), which is worth in the thoughts and feelings of the people in charge of solving a events, such as the Judge or the Administration after the notice of all the factors, which can be used in the minds and feelings of the nature of it. With good faith and trust both parties. Then occurred close relationship between the doctrine of good faith in the implementation of the agreement and the theory of confidence at the time of the agreement. The good faith (Article 1338, paragraph 3) and appropriateness (Article 1339) is generally mentioned in the same breath, if the judge after examining the appropriateness of an agreement can not be implemented then it means that the agreement was contrary to public order and decency. Agreement is not only determined by the parties in the formulation of the agreement, but also determined by the good faith and decency, so in good faith and decency were also determines the content of the agreement. Thus a particular treaty agreement borrowing money if implemented not in good faith (in bad faith), then the agreement is contrary to public order and morality and legal norms in force. And the parties to the treaty shall avoid the execution of the agreement in bad faith. It happens then the harmed can file a judicial directive and protected by law.

TINJAUAN YURIDIS PERLINDUNGAN HUKUM TENTANG RESEP RAHASIA PT.FASTFOOD INDONESIA (KFC) CABANG SAMARINDA MENURUT UU NO 30 TAHUN 2000 TENTANG RAHASIA DAGANG IQBAL EGI PRASETYA
Journal of Law ( Jurnal Ilmu Hukum ) Vol 5, No 1 (2017)
Publisher : Universitas 17 Agustus 1945 Samarinda

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ABSTRACT Protection secret legal trade in agreement waralaba ( passed to franchise) giver waralaba ( franchisor) in cooperation agreement waralaba effect of existence collision its partner. This study aims; first, study and analyze and know the form of legal protection of trade secrets in the franchise agreement. Second, to know the legal efforts which can be done by franchisor for the action franchisee who use their own trade secrets. The type of study id the study of law with emphasis on empirical research. The research. The research sample set with non-random sampling technique. Legal materials studied include primary legal materials that legal meterials obtained from the information obtained from interviews with related-parties, secondary legal materials, which are the legal materials that can support the statements or the compeleteness of supporting primary legal materials obtained from material that primary and secondary legal materials. Legal meterials were analyzed by descriptive qualitative. The results of study showed that the legal protection of trade secrets in the franchise agreement is given to the franchisee in the franchise agreement as a result of any breach by the partners in principle covered. This can be seen in the contract/agreement has been agreed in particular on confidentiality clauses and without competition. Forms of legal protection of trade secrets in the franchise agreement can be preventive i.e making contracts/agreement, arrangements in the legislation in the field of intellectual property rights and making government regulation on franchise. In a repressive form written warning, disconnection of contract/agreement and termination of the contract/agreement.

PEMBUATAN AKTA PERJANJIAN PENGIKATAN HAK TANGGUNGAN YANG DIBUAT OLEH NOTARIS / PPAT BILA DITINJAU DARI ASPEK HUKUM PERDATA Markus Palu Weking
Journal of Law ( Jurnal Ilmu Hukum ) Vol 5, No 1 (2017)
Publisher : Universitas 17 Agustus 1945 Samarinda

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ABSTRACT The mortgage bonding agreement as a credit guarantee actually contains a weakness especially when viewed from Article 1320 BW Jo Article 1338 BW, because in the agreement on the bonding of mortgages as collateral there is no consensus in the broad sense of the two sides, but only one-sided. While the creditor has determined its contents in the making of the contract of binding of the mortgage while the applicant in giving the agreement is merely fictitious, because if it does not agree then the credit disbursement will fail. The mortgage bonding agreement as credit guarantee not only contains weaknesses, but also deviates from the principles contained in Article 1320 BW Jo Article 1338 BW. Therefore, the question of the validity of the agreement on binding of mortgages as collateral for credit when viewed from Article 1320 BW Jo Article 1338 BW formally can be said that the agreement is not valid. The issue of the parties' attachment to the credit agreement is that the parties may promise anything, as long as it is not contrary to law and morals, and what is legally agreed is binding on the law. The attachment of the Notary in case of any civil law matters which up to the court of the country may take the position of Witness and may also be a party to the defendant.

TANGGUNG JAWAB HUKUM APARATUR SIPIL NEGARA BERKAITAN DENGAN INDISIPLINER KERJA BERDASARKAN UU No. 5 TAHUN 2014 DI KABUPATEN KUTAI BARAT Rizeldy Faschalis
Journal of Law ( Jurnal Ilmu Hukum ) Vol 5, No 1 (2017)
Publisher : Universitas 17 Agustus 1945 Samarinda

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ABSTRACTBureaucracy reform is essentially an effort to make fundamental reforms and changes to the system of governance, especially concerning aspects of institutional (organization), management and human resources of the state apparatus. Various problems or obstacles that result in the system of governance is not expected to run properly should be reorganized or updated. Bureaucracy reform is implemented in order to realize good governance. In other words, bureaucratic reform is a strategic step to build the state apparatus to be more efficient and effective in carrying out the general duties of government and national development

TINJAUAN YURIDIS TERHADAP PEMBANGUNAN PERUMAHAN OLEH PERUSAHAAN PENGEMBANG YANG BELUM MEMILIKI IZIN MENDIRIKAN BANGUNAN DI KOTA SAMARINDA Sudirman Sudirman
Journal of Law ( Jurnal Ilmu Hukum ) Vol 5, No 1 (2017)
Publisher : Universitas 17 Agustus 1945 Samarinda

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ABSTRACT Building conservation permit is the most fundamental thing to be considered by the developer of housing, before doing development activities. Building permit is also a tool or means of control Pemerinth in conducting supervision of any development, so that in the arrangement of the City can be arranged neatly.This study aims to determine the causes of housing developers in building housing although not yet have a building permit. The efforts of the regional government in the framework of the issuance of housing development, and the effort to build the building permit by the developer due to the weakness of the supervision of the licensing agency, the lack of coordination among relevant licensing agencies, and the legal awareness of developers and consumers is still low. Strikes and sanctions and socialization of licensing rules.

PELAKSANAAN LEGISLASI HAK-HAK ASASI MANUSIA DI INDONESIA DONNI DIAN PERMADI
Journal of Law ( Jurnal Ilmu Hukum ) Vol 5, No 1 (2017)
Publisher : Universitas 17 Agustus 1945 Samarinda

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ABSTRACTFrom the analysis that has been done, it can be concluded that the juridical organic law rigorously regulates the human rights material contained in the 1945 Constitution. Such reorganization is necessary because as mandated by the 1945 Constitution that to organize those rights must first be regulated in the law (article 28 of the 1945 Constitution). And in this case the already-established law made by the government are among others: Law no. 48 of 2009 on the Principles of Judicial Power. UU no. 12 Year 2012 on National Education System. Law No.21 of 1982 on the Basic Provisions of the Press. Law No.8 of 1985 on Community Organizations. Law No.3 of 1985 on Political Parties and Work Groups. Law No.13 of 2003 on Manpower. Ministry of Manpower Decree No. KEP-150 / MEN / 2000 Concerning the Implementation Guidelines for PHK. UU no. 13 of 2006 on the Protection of Witnesses and Victims and many others.In rearranging the human rights material, the law seems to regulate it strictly, because in its arrangement there is a concept that is not clearly understood (Law No.21 of 1982). Besides, there is also a rigid formula (Law No.2 Year 1989) that can make the private sector reluctant to participate in alleviating the government's task in an effort to educate the nation. There is also a strange provision in Law no. 22 Year 1957 because workers who will perform an action must inform the employer first. Or Law No.3 and Law No.8 1985 which requires that social organizations and political parties recognize only one ideology that is Pancasila. If it refuses, the government has the right to freeze and dissolve the relevant political organization or party. Such is the re-arrangement of human rights in organic law.

UPAYA PENYELESAIAN BANK UNTUK MENGATASI PENYIMPANGAN BAIK YANG DILAKUKAN OLEH PENERBIT MAUPUN PEMEGANG KARTU KREDIT Zakaria Zakaria
Journal of Law ( Jurnal Ilmu Hukum ) Vol 5, No 1 (2017)
Publisher : Universitas 17 Agustus 1945 Samarinda

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ABSTRACT Irregularities in the use of credit cards that can be distinguished by behavior, namely: Deviations made by the card holder; Deviations made by merchants.Bank efforts to overcome various deviations either by card holder or merchant, among others are: To overcome the use of credit cards that exceed the credit limit made with transactions under the floor limit, the Issuer (bank) for the first time will give a warning to card holders not to use credit cards that exceed the credit limit, even if the card holders have sufficient funds. If the violation of the credit limit is exercised even if the warning has been given three times, the issuer (bank) may cancel the card and put it in the blacklist and the card holder shall be obliged to pay off all outstanding obligations; To overcome the frequent late card holder in paying his account bills, Issuer (bank) will give a warning to card holder.dengan give a penalty for late paying the account; Efforts or steps taken by the bank to tackle the actions of the merchant to make a higher price on the card holder are: The Bank for the first time will give warning to the merchant not to commit the infringing act. If the transaction deal is still committed by the merchant, then the issuer (bank) will further impose sanctions. The last attempt by the issuer (bank) is the cancellation / termination of the agreement; Efforts or steps taken by banks to solve merchant actions to duplicate sales draft or fictitious transaction are: Bank will give warning to the merchant and accompanied by sanction that will refuse payment of fictitious transaction if the fictitious transaction bill has not been paid by issuer. If the fictitious transaction bill has already been paid by the issuer and signed in the card holder bill account whose name and credit card number is used in the fictitious transaction, then the issuer (bank) will deduct / refund the invoice already paid by the issuer. If the invoice or fictitious duplication is repeated many times, it will be unilaterally terminated by the issuer (bank). In addition to the first way, the issuer (bank) can file a lawsuit to the District Court.Forms of legal protection against the parties in issuing credit cards include: Forms of legal protection for card holder in case of loss of credit card. By having a credit card by the card holder, then the card holder has the right to conduct transactions with the merchant. In the use of credit cards is not closed the possibility of credit card is lost

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Contact Name
-

Contact Email
-

Phone
-

Journal Mail Official
-

Editorial Address
-

Location
Kota samarinda,

Kalimantan timur

INDONESIA