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KETENTUAN HUKUM TERHADAP ANAK PELAKU PENYEBARAN HOAX MELALUI MEDIA SOSIAL MENURUT SISTEM PERADILAN PIDANA ANAK Ellya Nur Fitriana
Journal of Law ( Jurnal Ilmu Hukum ) Vol 5, No 2 (2019)
Publisher : Universitas 17 Agustus 1945 Samarinda

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AbstractThe advancement of information and communication technology especially in social media applications such as Facebook, Intagram where most users are children, at least 30 million children as internet users as their main channel of communication. Illegal acts in cyberspace is a very worrying phenomenon, considering carding, hacking, fraud, terrorism and destructive information dissemination (hoaxes) have become part of the activities of perpetrators of cyber crime.The incomplete maturity of children's thinking to process information is vulnerable to being provoked and spreading hoax news on social media. Child delinquency is also referred to as Juvenille Deliquency or referred to as a disabled child. Examples of cases that are rampant occur the circulation of abduction issues spread by 16-year-olds by posting on their Facebook groups.Criminal Provisions in Law Number 11 Year 2008 concerning Information and Electronic Transactions Article 45 Paragraph (2) states that everyone who fulfills the elements referred to in Article 28 paragraph (1) and (2) is punished with imprisonment of a maximum of 6 years and / or a maximum fine of 1,000,000,000.00 (one billion rupiah).The results of the study and discussion are known that Based on the Child Criminal Justice System Act, a child who commits a crime spreads false news or hoaxes through an investigation and is seen from the criminal provisions offenses under 7 years will seek a diversion process, namely the transfer of settlement of child cases from criminal justice processes to processes outside of criminal justice.

KAJIAN HUKUM PENERAPAN FIKTIF NEGATIF DALAM HUKUM ADMINISTRASI NEGARA SEBAGAI KEPUTUSAN TATA USAHA NEGARA Saindra Arafa Syam
Journal of Law ( Jurnal Ilmu Hukum ) Vol 5, No 2 (2019)
Publisher : Universitas 17 Agustus 1945 Samarinda

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AbstractPublic services are organized by the government or public service providers in terms of the petition filed by society, of course, expect to be met. But sometimes an application for a decree can not be met in terms of both requirements are not met nor of the procedural aspects of the old and long. One path taken apart complaint or objection submitted to the government, is through the legal system by submitting an application or a lawsuit at the Administrative Court of the State. Good application to obtain admission decision as provided for in Article 53 of Law No. 30 of 2014 on Government Administration and through lawsuits filed related to the refusal or decision fictitious negative as stipulated in Article 3 of Law No. 5 of 1986 concerning the State Administrative Cour., The resolution attempts through the courts is ultimium remudium (the last resort) for citizens to obtain the appropriate public service expected. Lawsuit or application to obtain the Decree of the Government would be expected to provide for community legal certainty, in addition as a correction for public servant in serving the community

STATUS ANAK DAN HARTA BENDA AKIBAT PERKAWINAN CAMPURAN ANTARA WARGA NEGARA INDONESIA DAN WARNA NEGARA BELANDA. Sintya Irawati
Journal of Law ( Jurnal Ilmu Hukum ) Vol 5, No 2 (2019)
Publisher : Universitas 17 Agustus 1945 Samarinda

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AbstractThe general public's understanding of mixed marriages is still very minimal, especially regarding the legal consequences that have arisen after the implementation of mixed marriages. This thesis discusses the effects of mixed marriages on the status of children and property acquired after mixed marriages especially those that occur in Indonesian citizens and Dutch citizens. This research is descriptive in nature which refers to a legal comparison between Indonesia and the Netherlands regarding mixed marriages. The comparison are examined in terms of marital law and citizenship in force in both countries. The countries of Indonesia and the Netherlands have rules regarding mixed marriages and their respective nationalities so it is very interesting to discuss. The source of law in Indonesia is still very much adhering to the Dutch Law Source so that the rules of the two countries are not much different. The results of this study aim to educate the general public and especially mixed marriages between Indonesian citizens and Dutch citizens.

PERLINDUNGAN HUKUM TERHADAP PEKERJA PEREMPUAN YANG BEKERJA PADA MALAM HARI DITINJAU BERDASARKAN UNDANG-UNDANG NOMOR 13 TAHUN 2003 TENTANG KETENAGAKERJAAN Tiara Selvia Putri
Journal of Law ( Jurnal Ilmu Hukum ) Vol 5, No 2 (2019)
Publisher : Universitas 17 Agustus 1945 Samarinda

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AbstractWomen workers in the industrial and economic sectors who are vulnerable will get unfair protection for workers. Imbalance gender terms of remuneration such as family allowances that are only given to men is clearly seen versus women. Women with biological interests who need affirmative action. The problem in this study is the problem of protection for women workers who work at night and how the consequences for companies that do not provide legal protection for women workers who work at night between 23:00 to 07:00. Protection of female workers who work at night has a legal basis under the umbrella of Law No. 13 of 2003 concerning Employment. The method used in this study uses normative juridical research methods. Based on the results of the study, Protection of women workers who work at night has a legal basis under the umbrella of Law No. 13 of 2003 concerning Labor. Women workers who work at night are provided in the form of working hours protection, menstrual protection, pregnancy & childbirth protection, breastfeeding protection and salary protection. The consequences for companies that do not provide protection for women workers who work at night are regulated in Article 187 of Law No. 13 of 2003 concerning employment.

TINJAUAN TERHADAP TINDAK PIDANA PENYALAHGUNAAN NARKOTIKA OLEH OKNUM ANGGOTA TENTARA NASIONAL INDONESIA DI KOTA SAMARINDA Try Sutrisno
Journal of Law ( Jurnal Ilmu Hukum ) Vol 5, No 2 (2019)
Publisher : Universitas 17 Agustus 1945 Samarinda

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Abstract The problem in this study is how the authority and legal process against Narcotics acts by unscrupulous members of the TNI in Samarinda City as well as additional criminal dismissals from military service. Members of the TNI as perpetrators of narcotics crime other than subject to criminal imposition according to what is stipulated in Law Number 35 of 2009 concerning Narcotics may be subject to additional criminality in the form of dismissal from military service regulated in Article 6 letter b of KUHPM. The purpose of this paper is to explain the consideration of the Balikpapan I-07 Military Court judge in dropping an additional criminal dismissal from military service against members of the TNI as perpetrators of narcotics crimes and the possibility of imposing other types of criminal offenses against TNI members as narcotics offenders.In this thesis library and field research is conducted to obtain Primary data through interviews and secondary theoretical. From the results of the study it is known that the orders of superiors, military interests, the services of TNI members of narcotics criminals while in the military and the involvement of TNI members in acts of narcotics in narcotics cases are considered by military court judges in imposing additional criminal penalties. Additional types of criminal acts applied to members of the TNI that were proven to be involved in narcotics crimes were only in the form of dismissal from military service and there was no possibility of dropping other additional types of criminal offenses, because the dismissal of military service was considered comparable to criminal acts. The Army has issued Telegram Letter Number STR / 771/2018 dated July 9, 2018 concerning the prohibition of drug abuse and circulation for members of the Indonesian Armed Forces

KEDUDUKAN ANAK TERHADAP HARTA WARISAN DALAM PERKAWINAN DIBAWAH TANGAN DITINJAU BERDASARKAN UNDANG-UNDANG NOMOR 1 TAHUN 1974 TENTANG PERKAWINAN Nadia Farizha
Journal of Law ( Jurnal Ilmu Hukum ) Vol 5, No 2 (2019)
Publisher : Universitas 17 Agustus 1945 Samarinda

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AbstractThe problem in this study is the position of children born from marriage under the hands and how the rights of children to inheritance from marriage under the hands based on Law Number 1 of 1974 concerning Marriage. Underhand marriage is still happening in Indonesian society. Submarine marriage is a marriage that does not register the marriage to the authorized institution, namely the Office of Religious Affairs for Muslims and the Civil Registry for non-Muslims. In Article 2 paragraph (2) of Law Num ber 1 of 1974 it is stated that a new marriage is valid if it is carried out according to the laws of each religion and its beliefs. However, the validity of marriage in the eyes of religion and public trust needs to be ratified by the state in order to have legal force. The consequences of marriage under the hands are very bad for the wife and for children born both legally, socially and psychologically. Other problems that can be caused from marriage under the hands are the rights and obligations of husband and wife who are not guaranteed in full from the State. The provisions in Article 42 paragraph (1) of Law Number 1 Year 1974 concerning Marriage state that a legitimate child is a child born from or as a result of a legal marriage. So it can be concluded that children born from underage marriages are illegitimate children or out of wedlock children. From the results of the research discussion it is known that Based on the Decision of the Constitutional Court Number 46 / PUU-VIII / 2010 Testing of Law Number 1 of 1974 concerning Marriage to the State Constitution of the Republic of Indonesia Year 194. It is said that children born outside marriage have a civil relationship with his mother and his mother's family and with his man as his father that can be proven based on science and technology and / or other evidence so according to the law he has a blood relationship, including a civil relationship with his father's family.

TINJAUAN YURIDIS PEREMPUAN SEBAGAI KORBAN KEKERASAN DALAM RUMAH TANGGA MENURUT UNDANG-UNDANG NOMOR 23 TAHUN 2004 TENTANG PENGHAPUSAN KEKERASAN DALAM RUMAH TANGGA Muahammad Yusuf
Journal of Law ( Jurnal Ilmu Hukum ) Vol 5, No 2 (2019)
Publisher : Universitas 17 Agustus 1945 Samarinda

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ABSTRACT HAM stands for Human Rights, where each word has meaning. The word "rights" in this case means belonging or power over something, while "Asasi" is something that is primary and fundamental. So, the definition of human rights in a nutshell is a fundamental and basic thing possessed by humans. In practice, there are many human rights violations that occur around us that we usually know in terms of domestic violence (abbreviated as domestic violence). Domestic violence is an act carried out in the household by a husband, wife, and child which has a negative impact on physical, psychological, and harmonious relations in accordance with Article 1 of Law Number 23 of 2004 concerning the Elimination of Domestic Violence (PKDRT Law).The method used in this study is a normative juridical method, data or information obtained through library research. From the results of the literature research, secondary data were obtained which included primary legal materials, secondary legal materials, and tertiary legal materials. The problem that the writer discussed in this thesis is the factors that cause the occurrence of domestic violence and legal efforts that can be done by women as victims of domestic violence according to Law Number 23 of 2004 concerning the Elimination of Domestic Violence.Based on the results of the study it can be concluded that the factors causing domestic violence in the legal area of Samarinda city are poverty / economic factors, unstable psychological conditions of the perpetrators, and public perceptions that are wrong in looking at domestic violence issues. Of the several factors, the main factors that cause domestic violence are poverty / economic crush and women who are married in marriage get domestic violence treatment, husbands can be said to have committed domestic violence and can be threatened with crimes as Article 44 of the PKDRT Law and can say to have committed human rights violations. The wife who was treated violently by her husband complained about the existence of domestic violence to the police to be processed on the basis of having committed abuse or domestic violence. Keywords: domestic violence, crime, human rights

TINDAK PIDANA ATAS PERAMPASAN KENDARAAN BERMOTOR OLEH PERUSAHAAN LEASING TERHADAP NASABAH DI KOTA SAMARINDA Ardiansyah Hamid
Journal of Law ( Jurnal Ilmu Hukum ) Vol 5, No 2 (2019)
Publisher : Universitas 17 Agustus 1945 Samarinda

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AbstractLeasing according to Perpres No. 9 of 2009 concerning financial institutions is a financial institution in the form of capital goods, both for leasing with option rights (finance lease) or leasing without operating rights for tenants to use. for business (lessee). During a certain period during a certain period based on installment financing.Criminal liability for the seizure of motor vehicles by leasing companies to customers in Samarinda City using the services of the Debt Collector both before or after committing criminal acts in the form of threats, and or abuses mentioned above to the debtor is an individual responsibility. Without any connection to companies that use their services in billing. Finance and the consumer in implementing a motor vehicle loan agreement should be based on the principle of good faith

PERLINDUNGAN HUKUM TERHADAP WARTAWAN DALAM MELIPUT AKSI DEMONSTRASI DI KOTA SAMARINDA MENURUT UNDANG-UNDANG NOMOR 40 TAHUN 1999 TENTANG PERS Aris Tianlee
Journal of Law ( Jurnal Ilmu Hukum ) Vol 5, No 2 (2019)
Publisher : Universitas 17 Agustus 1945 Samarinda

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ABSRACT Press both print and electronic instrument in order to live a very vital community for improving the quality of life of its citizens. in addition to its function as a medium of information and communication, the press is also a reflection of identity the community because what is in the press reminds us of the presence in the pour is the pulse of public life where the press are. Legally formal indeed journalists obtain a guarantee of legal protection in the exercise of his duties, but in practice in the field of violence against journalists and other media crew either in the form of threats/intimidation and pressure from the parties become the object of news as well as acts of beating, seizure or destruction of journalistic duty gear until the killing of people press. Goals and purpose of writing To know us form of legal protection of journalists in covering the action demonstration in the town of Samarinda. To know the efforts of antisemitic laws against journalists who are experiencing violence in covering the action demonstration in the town of samarinda. The author uses the method of empirical juridical approach. Background the occurrence of acts of violence on journalists while covering a demonstration of action is due to the (2) two factors, namely the internal factors and external factors. The internal factor is the occurrence of acts of violence on the reporter's own negligence or fault of the less heart a heart or less meticulous when covering the demonstration, while action eksternalnya factor is the occurrence of acts of violence on the journalist because of the element of deliberate action of a Party feel aggrieved or feel dissatisfied will fill made news as well as other forms of violence experienced by reporters covering the action demonstration in the city of Samarinda is very diverse, ranging from the form stoning, persecution, deprivation of the tool, then, intimidation, threats to murder. Keywords: Legal Protection Of Journalists

ASPEK HUKUM TERHADAP TRANSAKSI PERDAGANGAN NARKOTIKA DI DAERAH PERBATASAN ANTARA REPUBLIK INDONESIA-MALAYSIA Wanda Masfi Yolandi
Journal of Law ( Jurnal Ilmu Hukum ) Vol 5, No 2 (2019)
Publisher : Universitas 17 Agustus 1945 Samarinda

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ABSTRACT This study is entitled "LEGAL ASPECTS ON THE TRANSACTION OF NARCOTIC TRADING IN THE BORDER REGION BETWEEN THE REPUBLIC OF INDONESIA - MALAYSIA", under the guidance that I respect Mrs. Kunti Widayati, S.H., M.Hum as a Supervisor 1 and Mr. Sukindar, S.H., M.H as the Supervisor II.The purpose of this study is to find out clearly the legal aspects of Narcotics trade transactions in the border area between the Republic of Indonesia and Malaysia and aims to find out how the roles and responsibilities of Indonesia through BNN in handling and overcoming the circulation of Narcotics in the border area and legal actions for Narcotics dealers in the Indonesia - Malaysia border area.This research is a type of empirical normative research. Research location in Samarinda National Narcotics Agency. The type of data used is primary data sourced from BNN staff who directly handle Narcotics issues and secondary data obtained from library materials and regulations relating to the thesis title. Data collection techniques used are carried out with literature, study. Analysis of the data used is qualitative analysis, where the data collected will be analyzed through three stages, namely reducing data, presenting data and, concul.From the results of the study, it can be concluded that the efforts of the Government of Indonesia in combating drug trafficking from Malaysia are more focused on law enforcement efforts. This is done to cut off and eradicate cross-border drug networks. Of course, based on the origin of drugs come the majority from Malaysia who has direct borders on land and sea. However, the two countries still find difficulties in conducting a complete eradication. This is because there is still no ideal form of agreement between the two countries in terms of drug trafficking routes, as indicated by the lack of joint patrols by the two countries over land and sea routes in border areas and also to find out the Role of the National Narcotics Agency in Combating Abuse Drugs in the Indonesian-Malaysian Border. Keywords: The Role of DPRD of Samarinda City, Mechanism of Implementation and Supervision on Local Budget of Samarinda City Revenue

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Contact Name
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Contact Email
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Journal Mail Official
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Location
Kota samarinda,

Kalimantan timur

INDONESIA