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<![CDATA[TINDAKAN HUKUM TERHADAP KURIR NARKOBA DILAKUKAN ANAK DIBAWAH UMUR BERDASARKAN UNDANG-UNDANG NARKOTIKA ]]>
<![CDATA[Fani Nova Silvana]]>
<![CDATA[ Journal of Law ( Jurnal Ilmu Hukum ) Vol 6, No 1 (2019) ]]>
Publisher : <![CDATA[Universitas 17 Agustus 1945 Samarinda ]]>
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<![CDATA[ABSTRACTNarcotics abuse no longer looks at age ranging from teenagers, adults to parents. It is not uncommon for narcotics dealers to use underage children to be used as couriers for illegal drugs. Lack of knowledge of narcotics and the inability to refuse and resist, make minors the target of narcotics dealers to distribute narcotics widely and covertly. The problem of this thesis is: 1) how are legal sanctions against underage drug couriers? 2) how to protect the rights of children who become drug couriers?The research methods and techniques used are normative methods and research by means of library research, namely activities carried out by collecting data and studying books that have to do with research and research documents or archives relating to research, namely drug couriers who are still underage. The conclusions in this thesis are 1) the imposition of convictions on children who become drug couriers as stipulated in as stipulated by the types of crimes that can be imposed by child judges in Article 71 paragraph 91) and (2) Law No. 11 of 2012 concerning the Juvenile Justice System must be considered regarding the articles applied in accordance with Law No. 35 of 2009 concerning Narcotics 2) before entering the process of imprisonment of the child against children who become narcotics couriers, there are legal safeguards under the Child Criminal Justice System Law through a restorative justice approach to achieve diversion and based on the discretion from law enforcement. But for children as narcotics couriers, the threat of punishment is more than 7 (seven) years, it is not compulsory for diversion.Keywords: Legal Protection, Courier, Narcotics, Children]]>
<![CDATA[TINJAUAN YURIDIS TENTANG BADAN KEPEGAWAIAN DAERAH DALAM MEMINIMALISIR TERJADINYA PERCERAIAN BAGI PEGAWAI NEGERI SIPIL DALAM WILAYAH KABUPAEN KUTAI KARTANEGARA ]]>
<![CDATA[Imelda Theresia]]>
<![CDATA[ Journal of Law ( Jurnal Ilmu Hukum ) Vol 6, No 1 (2019) ]]>
Publisher : <![CDATA[Universitas 17 Agustus 1945 Samarinda ]]>
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<![CDATA[ABSTRACTThe local management agency is an extension of the regent/mayor's hand which handles management matters on staff. With regard to the issue of divorce permits for civil servants must apply for permission to obtain a divorce issued against the regent/mayor through the personnel agency that will assess whether administrative conditions are met and whether the stated reasons are acceptable in the case of the development of the staff, there is no doubt that the region's management will continue to maintain a divorce, but there must be measures that hope to have the impact of the divorce and try to unify the integrity of the member's family in the hopes of a less severe civil servant's divorce.The study method of empirical legal research means that is assessed as real behavior and as a written social symptom that is experienced in social and environmental relationships.Research shows that the mechanisms and processes of granting a divorce to civil servants are submitted in writing to officials according to a hierarchy by a preliminary process through the head of the job application which, when attempting to reconcile again, the applicant's superior provides a written consideration and suggestion for consideration to the officer who will make the decision, The government's decision to obtain a mandatory divorce was made by officials in order to minimize divorce for the NNS decision on the basis of the application and the application of the state court.Keywords: regional employment agency, divorce permits for civil servants, minimize.]]>
<![CDATA[AKIBAT HUKUM PEMBATALAN AKTA PERJANJIAN PENGIKATAN JUAL BELI YANG DIBUAT OLEH PEJABAT PEMBUAT AKTA TANAH TERHADAP PROSES SERTIFIKAT HAK TANAH ]]>
<![CDATA[Dewa Ayu Bella Saraswati]]>
<![CDATA[ Journal of Law ( Jurnal Ilmu Hukum ) Vol 6, No 1 (2019) ]]>
Publisher : <![CDATA[Universitas 17 Agustus 1945 Samarinda ]]>
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<![CDATA[AbstractThe binding purchase agreement is a form of law that arises from the growing need in the community. Land trading deed made before a public notary in a conditional agreement to bind parties who have made the agreement in order to implement the main agreement which is the trading deed made before PPAT (Official Empowered to Draw up Land Deeds). In principle, the land trade agreement is the same as the agreement in general which complies with the requirements of the validity of an agreement as stated in Article 1320 of the Indonesian Civil Codes and Article 1338 Paragraph (1) stating that all agreement which are legally made are used as the law for those who made them. The research was judicial normative. The factors causing the cancelled of the land trading deed was the agreement of the parties because the requirements of cancelled by the court of law for the claim of one of the parties that usually one of the parties did not keep his/her promise and there was an element of an action against the law. The legal consequences of the land trading deed made before a public notary was compensation, cancelled by agreement, and cancelled with compensation. The sue could be done at the court of law (litigation) after the warning was sent to by the injured party to the party that cancelled the agreement or the party who breached the agreement agreed in the land trading deed.]]>
<![CDATA[KAJIAN HUKUM TERHADAP PENGGUNAAN HANDPHONE OLEH DRIVER OJEK ONLINE PADA SAAT BERKENDARA ]]>
<![CDATA[Anton Hermawan]]>
<![CDATA[ Journal of Law ( Jurnal Ilmu Hukum ) Vol 6, No 1 (2019) ]]>
Publisher : <![CDATA[Universitas 17 Agustus 1945 Samarinda ]]>
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<![CDATA[ABSTRACT GOJEK is a company engaged in the field of online transportation that is managed by PT GOJEK INDONESIA, in carrying out its work online motorcycle taxi drivers often use mobile phones in driving, this is inseparable because of their work related systems that require viewing mobile phones to view orders, orders, and view GPS to arrive at this destination can disrupt concentration in driving and can endanger other motorists.This type of research used in this study is a type of normative legal research, which is a legal research method that uses a statutory approach.The results showed that the use of mobile phones while driving was not permitted because it could interfere with concentration and could endanger other motorists, this has been explained by law number 22 of 2009 concerning road traffic and transportation, and was also confirmed by the constitutional court number 23 / PUU-XVI / 2018 that the use of mobile phones while driving is not permitted because it can cause accidents. Keywords: Legal Study, Mobile Usage, Online Ojek Drivers.]]>
<![CDATA[PROBLEMATIKA KENAKALAN ANAK REMAJA DI KOTA SAMARINDA DITINJAU BERDASARKAN UNDANG-UNDANG NOMOR 17 TAHUN 2016 TENTANG PERLINDUNGAN ANAK ]]>
<![CDATA[Ayu Abna Sari]]>
<![CDATA[ Journal of Law ( Jurnal Ilmu Hukum ) Vol 6, No 1 (2019) ]]>
Publisher : <![CDATA[Universitas 17 Agustus 1945 Samarinda ]]>
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<![CDATA[ABSTRACTChildren are an inseparable part of the continuity of human life and the sustainability of a nation and state. In order to be able to be responsible for the sustainability of the nation and state.Basically, juvenile delinquency is a form of adolescent behavior that is not in accordance with the applicable rules in society, or it can also be said that juvenile delinquency is a form of deviant behavior and the causative factor is due to parental divorce, due to economic factors and so on.Efforts made in minimizing adolescent delinquency are by increasing socialization activities about juvenile deviant crimes, both regarding the dangers, legal consequences, and other things so that adolescents can avoid actions that are against the law. Keywords: Legal Efforts to Handle Juvenile Delinquency]]>
<![CDATA[TINDAK PIDANA TAWURAN OLEH KELOMPOK REMAJA TERHADAP PETUGAS KEPOLISIAN DALAM UPAYA PENGAMANAN UNJUK RASA ]]>
<![CDATA[Dessi Nindi Khadijah]]>
<![CDATA[ Journal of Law ( Jurnal Ilmu Hukum ) Vol 6, No 1 (2019) ]]>
Publisher : <![CDATA[Universitas 17 Agustus 1945 Samarinda ]]>
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<![CDATA[ABSTRACTThe life of association, debate, and issue of debate has been obtained in Article 28 of the 1945 Constitution. In the discussion, the demonstration continued the group of adolescents who participated in becoming a mass. The demonstration moved arrogance to injure and make damage which caused it to visit each other. Based on these matters, the formulation of the problem that arises is related to the legal process of the adolescent group acts against police officers in an effort to secure demonstrations and the extent to which legal protection for children's rights commits criminal acts of a brawl in accordance with the Law on the Law on Violence Acts child. The method of research conducted in this study uses normative legal methods, namely by conducting library analysis. Brawl Crime against police officers in an effort to secure demonstrations. The legal process for children is always diverted from the level of the police, the prosecutor's office to the court is also carried out together with BAPAS, LPKS and related and verifiable institutions that can assist the court for the verdict, and the child will be placed in the LPKA (Child Development Foundation). Legal protection for children is guided by children's rights contained in the Juvenile Justice System Act.Keywords: Crime of Brawl, Child Suspect]]>
<![CDATA[KEABSAHAN PERKAWINAN SUKU DAYAK TUNJUNG DITINJAU BERDASARKAN UNDANG-UNDANG NOMOR 1 TAHUN 1974 TENTANG PERKAWINAN ]]>
<![CDATA[Nomita Santi]]>
<![CDATA[ Journal of Law ( Jurnal Ilmu Hukum ) Vol 6, No 1 (2019) ]]>
Publisher : <![CDATA[Universitas 17 Agustus 1945 Samarinda ]]>
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<![CDATA[AbstractThe validity of marriage based on article 2 paragraph (1) and paragraph (2) of marriage law, marriage is legal if it is carried out according to the laws of each religion and its beliefs and is recorded according to the applicable laws and regulations. Article 2 paragraph (1) and paragraph (2) of marriage law. But in the case of recording, there are still married couples whose marriages are not recorded in the registry office. The method of research conducted by the author is empirical juried. Data collection is done by the Longgang Amer area, Longgang Bigung District, and at the Presidium Office of the West Kutai regency customary council. The first conclusion, that the implementation of the traditional Tunjung Dayak Tribe marriage is lawful according to state law has fulfilled the provisions contained in law number 1 of 1974 article 2 paragraph (1) and paragraph (2). In the case of marriage registration, there is a spouse the wife whose marriage was not recorded in the registry office. This unregistered marriage caused the husband and wife and children born to not get legal protection. Second, the role and responsibility of the customary chief are to carry out a whole series of arrangements for the approval of prospective brides and grooms, and the three factors driving the occurrence of customary marriage in the Longgang Amer region are indigenous and customary laws are adhered to as invite for the Tunjung Dayak Tribe community.]]>
<![CDATA[TINDAKAN KEPOLISIAN DALAM MENGUNGKAP TINDAK KEJAHATAN NARKOTIKA DI KOTA SAMARINDA ]]>
<![CDATA[Hanun Cahyarsi]]>
<![CDATA[ Journal of Law ( Jurnal Ilmu Hukum ) Vol 6, No 1 (2019) ]]>
Publisher : <![CDATA[Universitas 17 Agustus 1945 Samarinda ]]>
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<![CDATA[ABSTRAK Crime is an act or action carried out by humans where the act is prohibited by criminal law. One of the crimes that often occurs in Indonesia is Narcotics. In general, Narcotics problems can be divided into three interrelated parts, namely the existence of illegal narcotics production, narcotics illicit trade, and narcotics abuse. The problem in this research is how is the law enforcement of narcotics criminal acts committed by the police, and what are the inhibiting factors in the law enforcement of narcotics crimes committed by the police.The study was conducted using a normative juridical approach and empirical jurisdiction. The data used are primary data and secondary while processing obtained by means of identification, editing, classification and systematic.The results of the study are described as follows: Law enforcement of narcotics criminal acts carried out by the Police is carried out by using revitative efforts, namely using legal remedies, where narcotics criminals must be prosecuted under Law No. 35 of 2009 concerning Narcotics. Police who carry out narcotics crimes are tried in a public peradila environment where the disciplinary witness will be carried out in a code of ethics session. Examination of polri discipline will be handled by the Head of the Department of Propam sub-sector. The prosecution of the defendant member of the Indonesian National Police was carried out by the Public Prosecutor. The development of prisoners of the National Police members was carried out in the prison. Whereas preventive measures are to provide guidance to the police by means of socialization. Factor Ankum law enforcers have not been maximal in giving sanctions to police officers who commit violations. Factors for facilities or facilities Related to problems with inadequate facilities and infrastructure and limited budget support. Community factors As well as the lack of public concern to report to the authorities, it is difficult for law enforcers to eradicate narcotics crimes. The background and personal characteristics of the Police members make it smarter. Keywords: Law Enforcement, Narcotics Crime, Police]]>
<![CDATA[TINJAUAN YURIDIS TERHADAP PUTUSAN PENGADILAN TATA USAHA NEGARA SAMARINDA NOMOR : 52/G/2019/PTUN.SMD TENTANG PEMBERHENTIAN TIDAK DENGAN HORMAT SEBAGAI PEGAWAI NEGERI SIPIL KARENA MELAKUKAN TINDAK PIDANA KORUPSI ]]>
<![CDATA[Vinzensia Nella Bannerara]]>
<![CDATA[ Journal of Law ( Jurnal Ilmu Hukum ) Vol 6, No 1 (2019) ]]>
Publisher : <![CDATA[Universitas 17 Agustus 1945 Samarinda ]]>
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<![CDATA[AbstractCivil servants in carrying out their duties and roles as state servants are not impossible to commit an offense, in this case committing a criminal act of corruption which as a result is dishonorably discharged as a civil servant based on a state administrative decree, disrespectful dismissal as a civil servant must provide legal certainty if not, it will result in the creation of employment disputes between PNS and State Administrative Officials who are the authority of the State Administrative Court to settle claims from PNS. The problem in this research is whether the basis for civil servants filing a lawsuit for disrespectful dismissal for committing a criminal act of corruption and what factors are considered by the judge in granting the lawsuit Number: 52 / G / 2019 / PTUN.SMD.The method used in this research is the normative juridical research method.Based on the results of the research, the basis for the birth of a lawsuit against disrespectful dismissal as a civil servant is that the application or implementation of dismissal is not appropriate with the applicable rules and the judge's consideration in granting a lawsuit is that the procedure for issuing a letter of disrespectful dismissal as a civil servant is not in accordance with statutory regulations and defects in substance so that it is contrary to the proportional element and justice does not reflect the general principles of good governance, especially the principles of legal certainty, the principles of justice and the principles of accuracy.]]>
<![CDATA[PENANGANAN TINDAK PIDANA PENGGELAPAN DANA PERUSAHAAN BERDASARKAN PASAL 374 KUHP DI POLRES KOTA SAMARINDA ]]>
<![CDATA[Herlinawati Purba]]>
<![CDATA[ Journal of Law ( Jurnal Ilmu Hukum ) Vol 6, No 1 (2019) ]]>
Publisher : <![CDATA[Universitas 17 Agustus 1945 Samarinda ]]>
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<![CDATA[AbstractCrime as a social phenomenon that occurs on earth may never end. Crime is a complex phenomenon that can be understood from many different sides. That is why in everyday life we can see various comments about a crime that is different from one another.Embezzlement is included in the section of crimes regulated in the Criminal Code (book two) Articles 372-374. Embezzlement is a type of crime against property. Crimes that occur in social life are a phenomenon that continues to be in the spotlight. Talking about the emergence of embezzlement, it cannot be separated from the causes of the evil itself. Keywords: Crime. Embezzlement]]>
