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<![CDATA[EFEKTIVITAS HUKUMAN PENJARA BAGI PENYALAHGUNAAN NARKOTIKA SESUAI DENGAN UNDANG-UNDANG REPUBLIK INDONESIA NOMOR 35 TAHUN 2009 TENTANG NARKOTIKA ]]>
<![CDATA[Deni Saputro]]>
<![CDATA[ Journal of Law ( Jurnal Ilmu Hukum ) Vol 6, No 2 (2020) ]]>
Publisher : <![CDATA[Universitas 17 Agustus 1945 Samarinda ]]>
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<![CDATA[ABSTRACT With the issuance of Law Number 35 of 2009 concerning Narcotics in which legal sanctions are regulated, as well as the things that are allowed with the issuance of the law, the investigators are expected to be able to assist the process of settling cases against one or more people who have committed drug crimes today. And one of those sanctions is prison. Prison Crime is a punishment in the form of a limitation of freedom of movement of a convicted person by closing the person in a place called Lapas (Lapas), by requiring people to obey all the rules and regulations that apply in the relevant Prison. As is well known, national development in Indonesia has the aim of creating a just and prosperous society, which is materially and spiritually evenly based on the Pancasila and the 1945 Constitution.Based on the results of the description of the reasons for the selection of the title above, the writer wants to explore some of the problems that are made objects in writing this thesis are: 1). What is the community's role in dealing with obstacles in tackling narcotics distribution and abuse? 2). What is the Effectiveness of Prison Sentences for Narcotics Abuse in Accordance with Law Number 35 Year 2009?So it can be concluded as follows: 1). The Role of the Community in Preventing Narcotics Crimes in Samarinda. Related to narcotics prevention in Samarinda, there are several steps that must be taken so that prevention can proceed with effectiveness. In addition there are several important aspects that must be considered so that the level of effectiveness of prevention works well, including the following: (a). The role of elements of society (b). Coordination of individuals with elements of society (c). The role of society itself. 2). The application of imprisonment for narcotics abuse offenders has not been effective so far so that there is a need for a serious program to suppress the dependency of a narcotics abuse user or narcotics user. Not only that the collaboration between the Penitentiary with the BNN has never been held. Keywords: Prison Punishment, Narcotics Abuse]]>
<![CDATA[PENEGAKAN HUKUM PIDANA TERHADAP TINDAK PIDANA PENGANCAMAN BERBASIS PINJAMAN ]]>
<![CDATA[Hengki Prima Hodding]]>
<![CDATA[ Journal of Law ( Jurnal Ilmu Hukum ) Vol 6, No 2 (2020) ]]>
Publisher : <![CDATA[Universitas 17 Agustus 1945 Samarinda ]]>
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<![CDATA[ABSTRAK Berdasarkan penelitian ini, adapun tujuan penulisan yaitu untuk mengetahu mengenai penerapan hukum pidana terhadap tindak pidana pengancaman berbasis pinjaman online serta faktor-faktor yang mempengaruhi terkendalanya penegakan hukum tersebut. Adapun metode penelitian yang penulis terapkan dalam penulisan ini yakni metode yuridis normatif serta dilakukannya pendekatan perundang-undangan, dimana teknik pengumpulan dan pengolahan bahan hukum mencakup studi pustaka. Hasil penelitian yang didapatkan oleh penulis adalah mengetahui mengenai dasar-dasar hukum serta penerapan hukumnya terhadap tindak pidana pengancaman berbasis pinjaman online dan faktor-faktor yang mempengaruhi terkendalanya penegakan hukum tersebut. Kesimpulan yang terdapat dalam penelitian ini mencakup penerapan hukum mengenai tindak pidana pengancaman berbasis pinjaman online yang telah diatur dalam Undang-Undang No. 11 Tahun 2008 Tentang Informasi dan Transaksi Elektronik yang termuat dalam Pasal 27 ayat (4) dan dilanjutkan pada Pasal 29, serta Pasal 369 KUHP.Kata Kunci : Penegakan Hukum, Tindak Pidana Pengancaman, Pinjaman Online. ABSTRAKThis study aims to find out the application of criminal law against online loan-based threats and the factors that affect the constraints of law enforcement.The research methodology applied by the author in this study is the Normative Judicial Method and the author implemented a statutory approach, which means the process of collecting and preparing legal material using Literature Study.As a result of this study, the author knows about the basics and the applications of criminal law against online loan-based threats and the factors that affect the constraints of law enforcement.The conclusion of this study includes the application of the law regarding online loan-based threats that had been regulated in law No. 11 of 2008 about electronic transaction and information that contained in article 27 paragraph (4) and continued in article 29 and 349 KUHP.Keywords: Law Enforcement, Threat criminal law, online loan.]]>
<![CDATA[KEWENANGAN POLISI LALU LINTAS DALAM MELAKUKAN PEMERIKSAAN DI JALAN BERDASARKAN PERATURAN PEMERINTAH NOMOR 80 TAHUN 2012 ]]>
<![CDATA[Dwi Ismayana]]>
<![CDATA[ Journal of Law ( Jurnal Ilmu Hukum ) Vol 6, No 2 (2020) ]]>
Publisher : <![CDATA[Universitas 17 Agustus 1945 Samarinda ]]>
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<![CDATA[ABSTRACT Examination conducted by the Traffic Police on the road to find out how the social condition of the community and its culture so that it is known that the routine of the community in one place that eventually if one day is found things that are out of the customs of the area will be known, and easy to overcome violations or crime in the region . Thus the community can feel more secure and have legal protection for themselves. In addition, the community must also recognize and recognize that the active role of the community can participate in creating security and peace in the midst of the community itself. Law enforcement officers (traffic police) act as a deterrent (politie toezicht) and as an agent (politie dwang) in political functions. In addition, the traffic police also carry out a regeling function (for example, regulating the obligation for certain motorized vehicles to complete with a safety triangle) and bestuur functions, especially in terms of licensing or starting testing (for example, issuing a Driving License), particularly in carrying out inspections. Government Regulation Number 80 of 2012 concerning motor vehicle inspection and enforcement of traffic violations and road transportation is the basis of the authority of the traffic police to conduct vehicle raids on the road and the role of the police as law enforcement. The role of the police in the context of law enforcement must be based on applicable rules and the police's own code of ethics. Keywords: Examination, Traffic, Police Authority]]>
<![CDATA[TINJAUAN YURIDIS TERHADAP PERAN DPRD KOTA SAMARINDA DALAM PENGAWASAN TERHADAP ANGGARAN PENDAPATAN BELANJA DAERAH BERDASARKAN UNDANG – UNDANG NO. 9 TAHUN 2015 TENTANG PEMERINTAHAN DAERAH ]]>
<![CDATA[RISKA NANDA PUSPITADEWI]]>
<![CDATA[ Journal of Law ( Jurnal Ilmu Hukum ) Vol 6, No 2 (2020) ]]>
Publisher : <![CDATA[Universitas 17 Agustus 1945 Samarinda ]]>
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<![CDATA[ABSTRACT This study entitled "Juridical Review of the Role of Samarinda City DPRD in Supervision of Regional Expenditure Revenues Based on Law Number 9 of 2015 concerning Regional Government", under the guidance of whom I respect Mrs. Kunti Widayati, SH, M.Hum as Supervisor 1 and Mrs. Fatimah Asyari, SH, M.Hum as Supervisor II.The purpose of this research is to know clearly about the mechanism of implementation and supervision of the Samarinda City Regional Expenditure Budget, and aims to find out the obstacles that arise in the implementation and supervision of the Samarinda City Regional Expenditure Budget and its settlement efforts.This research is a kind of empirical normative research. Research location in Samarinda City DPRD. The type of data used is primary data in order to obtain library materials and regulations relating to the thesis title. Data collection techniques used are done with literature study. Data analysis used is qualitative analysis, where the collected data will be analyzed through three stages, namely reducing data, presenting data and drawing conclusions.From the results of the study it can be concluded that the mechanism for the implementation of supervision of the Regional Expenditure Budget is regulated in the Law of the Republic of Indonesia Number 9 of 2015 concerning Regional Government. The implementation and supervision mechanism for the Samarinda City Regional Expenditure Budget includes Planning, Implementation (Management), Control (Audit of Regional Financial Reports), Administration, Accounting, Reporting and Accountability.Keywords: The Role of DPRD of Samarinda City, Mechanism of Implementation and Supervision on Local Budget of Samarinda City Revenue]]>
<![CDATA[PERAN JAKSA DALAM RANGKA PENEGAKAN HUKUM TERHADAP JAKSA YANG MELAKUKAN TINDAK PIDANA ]]>
<![CDATA[Mustika Jannah]]>
<![CDATA[ Journal of Law ( Jurnal Ilmu Hukum ) Vol 6, No 2 (2020) ]]>
Publisher : <![CDATA[Universitas 17 Agustus 1945 Samarinda ]]>
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<![CDATA[AbstractThe Supervisory Prosecutor has a function in accordance with article 563 of the Attorney General's Regulation Number: PER-009 / A / JA / 01/2011 concerning the Organization and Work Procedures of the Republic of Indonesia Prosecutor's Office, namely the examination of findings, reports, complaints of alleged violations of discipline, abuse of office or authority and propose the enforcement of the Attorney General's staff at the High Prosecutor's Office, the Public Prosecutor's Office or the District Attorney's Office in the jurisdiction of the High Prosecutor Office concerned, which is proven to have committed disciplinary violations or criminal offenses. The problem examined is how the supervisory prosecutor's role is in the context of law enforcement against prosecutors who commit criminal acts and what forms of supervision are conducted by supervisors in supervising prosecutors. Data analysis uses qualitative analysis. Based on the results of the study, the Supervisory Prosecutor's role in law enforcement against Prosecutors who commit criminal acts is the normative role that originates from the written regulations and existing supervisory regulations issued to maximize oversight within the prosecutor's environment, despite the overlapping authority in internal control arrangements and externally the rest according to the author is good enough to live implementation of each supervisory officer.]]>
<![CDATA[PENEGAKAN HUKUM TERHADAP PENAMBANGAN BATUBARA ILEGAL DITINJAU DARI PERSPEKTIF HUKUM ]]>
<![CDATA[Ukut Ukut]]>
<![CDATA[ Journal of Law ( Jurnal Ilmu Hukum ) Vol 6, No 2 (2020) ]]>
Publisher : <![CDATA[Universitas 17 Agustus 1945 Samarinda ]]>
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<![CDATA[ABSTRACT Nowadays mining activities have been highly developed. The results obtained are also very useful for income for the community, especially for the miners. However, the problem that must be considered by the government is the problem of illegal mining. Illegal mining is carried out without permission, operational procedures, and regulations from the government. This makes a loss to the country. These Unlicensed Mining Issues are factors that cause uncontrolled environmental damage and other problems. Mining activities without permits/ illegal mining cannot be separated from several factors that underlie the approval.This type of research used by the author is normative or doctrinal legal research whose explanation is normative legal research the other name is doctrinal legal research which is also referred to as library research or document study. The approach used in this paper is the statute approach and statute approach. Conceptual Approach.Inhibiting Factors in Legal Application of Illegal Coal Mining Seen From a Mental Perspective, which is faced with problems regarding the socio-economic conditions of the mining community, the rampant practice, illegal mining is also caused by the lack of public knowledge of mining laws and regulations, as well as the inherent culture of customary law. Keywords : Illegal Mining, Law Enforcement, Legal Perspective]]>
<![CDATA[TINJAUAN YURIDIS PERJANJIAN JUAL-BELI TENAGA LISTRIK ANTARA PT PLN DENGAN PELANGGAN ]]>
<![CDATA[Denny Ardian Priambodo]]>
<![CDATA[ Journal of Law ( Jurnal Ilmu Hukum ) Vol 6, No 2 (2020) ]]>
Publisher : <![CDATA[Universitas 17 Agustus 1945 Samarinda ]]>
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<![CDATA[AbstractIncreasingly diverse electricity needs make the government obliged to make proper arrangements in the implementation of electrical energy distribution, so the government needs to appoint a State-Owned Enterprise (BUMN) named PT. The State Electricity Company which is often referred to as PT. PLN (Persero). PT PLN (Persero) as the electricity manager appointed by the government continues to improve in providing services to the community until now PLN continues to strive to meet people's needs for electricity by issuing various existing electrical service products, it is hoped that the need for electrical energy in Indonesia can be fulfilled to the maximum. maybe. Problems that occur in subscribing to electricity, both technically and administratively, are most often carried out by the community through the services of third parties (installers registered with PLN and installers who are not registered with PLN), because they want to get fast service. As a result, in addition to the high costs due to installers asking for additional services, people are also often victims because the expected fast service is also not fulfilled and there is a lot of public electricity supply that is not registered or not officially at PLN (Illegal). In practice, PT PLN as a provider of electricity in accordance with the mandate of Law No. 8 of 1999 concerning consumer protection is obliged to provide clear information on traded goods or services.]]>
<![CDATA[PERLINDUNGAN HUKUM TERHADAP PEKERJA PEREMPUAN YANG BEKERJA PADA MALAM HARI DITINJAU BERDASARKAN UNDANG-UNDANG NOMOR 13 TAHUN 2003 TENTANG KETENAGAKERJAAN ]]>
<![CDATA[Tiara Selvia Putri]]>
<![CDATA[ Journal of Law ( Jurnal Ilmu Hukum ) Vol 6, No 2 (2020) ]]>
Publisher : <![CDATA[Universitas 17 Agustus 1945 Samarinda ]]>
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<![CDATA[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.]]>
<![CDATA[TINJAUAN YURIDIS TENTANG AKTA OTENTIK SEBAGAI ALAT BUKTI PERKARA PERDATA DI PENGADILAN NEGERI SAMARINDA ]]>
<![CDATA[Dian Ariani]]>
<![CDATA[ Journal of Law ( Jurnal Ilmu Hukum ) Vol 6, No 2 (2020) ]]>
Publisher : <![CDATA[Universitas 17 Agustus 1945 Samarinda ]]>
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<![CDATA[ABSTRACT Notary Public is a public official who is appointed by law in making an authentic deed and at the same time a notary is an extension of the Government. authentic deed is a guarantee of certainty and legal protection as a concrete form of actions, events, and legal relations that occur in society. the purpose of this research is to find out the authentic deed proof in court and to know the legal consequences of the authentic deed containing false information. The benefits or uses of this research are in the form of theoretical and practical benefits.This research uses empirical legal research that examines the applicable legal provisions and what happens in reality in the community. Empirical juridical research is legal research on the application or implementation of normative legal provisions in action on any particular legal event that occurs in the community. Or in other words that is a study conducted on the actual situation or real conditions that occur in the community with a view to knowing and finding the facts and data needed, after the required data is collected then leads to the identification of problems that ultimately lead to problem solvingThe results of the study explained that the legal power of a notary deed in the process of proof in a court is perfect and binding, so that it does not need to be made or supplemented with other evidence, the deed still exists which is canceled is the contents of the deed (the legal relationship). As well as the legal consequences of an authentic deed containing false information is that the authentic deed has caused a dispute and is brought to court, therefore the injured party can file a civil suit in court so that the judge can decide and grant the cancellation of the deed. Keywords: Legal Consequences, Authentic Deed, Proof]]>
<![CDATA[TINJAUAN TENTANG PENCANTUMAN KESALAHAN BERAT DALAM PERJANJIAN KERJA BERSAMA YANG DI SAHKAN OLEH DISNAKER KABUPATEN KUTAI KARTANEGARA BERDASARKAN DENGAN PUTUSAN MAHKAMAH KONSTITUSI NOMOR : 012/PUU-I/2003 ]]>
<![CDATA[Andi Zaenal Arman]]>
<![CDATA[ Journal of Law ( Jurnal Ilmu Hukum ) Vol 6, No 2 (2020) ]]>
Publisher : <![CDATA[Universitas 17 Agustus 1945 Samarinda ]]>
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<![CDATA[ABSTRACT That in this thesis, the researcher examines the Collective Labor Agreement (CLA) in which the Collective Labor Agreement (CLA) of PT. Bukit Baiduri Energi and Union Federation of Chemicals Labor, Energy and Mining (FSPKEP) and Board of Commissioners of the Indonesian Prosperous Labor Union (SBSI) period of 2016-2018. Is still put on articles that have been appointed by Constitutional Court (CC), stated that if the labor has conducted a heavy mistake (criminal act) in the workplace as is the provision of Article 158 of Labor Law Number: 13 of 2003, then with a particular condition (evidence of the worker/laborer caught red-handed, there is a confession or supports by at least 2 witnesses) the entrepreneur can commit unilateral Employment Termination (ET), without through establishment procedure of Industrial Relations Court (IRC). Constitutional Court (CC) with Decision number: 012/PUU-I/2003 has stated that Article 158 of Labor Law, does not have binding Legal Force because it is considered as contradicted to Article 27 paragraph (1) 1945 Constitution. After the decision of the Constitutional Court (CC), the entrepreneur can no longer commit Employment Termination (ET) before general court decisions have permanent legal force (Eintracht). In this research, the researcher discusses the Collective Labor Agreement (CLA) that is not compatible with the provision which is the Collective Labor Agreement (CLA) between PT. Bukit Baiduri Energi with Union Federation of Chemicals Labor, Energy and Mining (FSPKEP) and Board of Commissioners of the Indonesian Prosperous Labor Union (SBSI) period of 2016-2018, so that the author wants to find out the legal force and law consequences from the ratification of Collective Labor Agreement (CLA) between PT. Bukit Baiduri Energi with Union Federation of Chemicals Labor, Energy and Mining (FSPKEP) and Board of Commissioners of the Indonesian Prosperous Labor Union (SBSI) period of 2016-2018, where the results of Collective Labor Agreement (CLA) has no binding legal force because its ratification and the consequence is that the Collective Labor Agreement (CLA) is considered to have never existed because it is contradicted to the applicable Law.Keywords : Agreement, Work, Together]]>
