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PERLINDUNGAN KONSUMEN TERHADAP PEREDARAN OBAT TRADISIONAL BERBAHAN KIMIA DI KOTA SAMARINDA DITINJAU DARI UNDANG-UNDANG NOMOR 8 TAHUN 1999 TENTANG PERLINDUNGAN KONSUMEN Dezry Erzania Savira
Journal of Law ( Jurnal Ilmu Hukum ) Vol 7, No 1 (2020)
Publisher : Universitas 17 Agustus 1945 Samarinda

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Abstract Consumer protection is not only an individual problem, but it’s actually a common problem and national problem because basically everyone is a consumer. Meanwhile, protecting consumers is a matter of national law as well. Basically, talking about legal protection to consumers means we also talk about justice for everyone. In this modern era free trade tends to result in circulating goods and services that do not necessarily guarantee the security, safety and health of consumers. This condition is due to the condition of consumers who are on the weak side in dealing with business actors. This is because the level of consumer awareness and knowledge is still very low. One such business actor is a traditional drug manufacturer which neglects the health of consumers from the products they produce by adding chemicals that can be seen with the absence of a permit from BPOM. The purpose of this study is to determine the legal protection obtained by consumers against the circulation of traditional medicines made from chemicals and to determine the role of the Food and Drug Supervisory Agency to protect consumers against the circulation of traditional medicines made from chemicals in Samarinda City. This study uses empirical normative research methods with the problem approach used in this study is the statutory approach (statue approach) is a research that prioritizes legal material in the form of legislation as a basic reference in conducting research. Based on the results of the research it can be seen that the legal protection for consumers against the circulation of traditional medicines made from chemicals can be seen from article 4 of the Constitutuion Consumer Protection act states that Consumers are entitled to the right to comfort, security and safety, and the right to obtain correct, clear information, and be honest about the conditions and guarantees of goods and / or services. The role of BPOM to protect consumers against the circulation of traditional medicines made from chemicals is that BPOM has the right to withdraw traditional medicines made from chemicals from marketing and business operators may be subjected to administrative sanctions.Keywords : costumer protection, traditional medicine, and BPOM.

PEMBERIAN IZIN TERHADAP PENJUALAN MINUMAN BERALKOHOL DITINJAU BERDASARKAN PERATURAN DAERAH KOTA SAMARINDA NOMOR 6 TAHUN 2003 TENTANG LARANGAN, PENGAWASAN, PENERTIBAN PENJUALAN MINUMAN BERALKOHOL Muhamad Syamsudin
Journal of Law ( Jurnal Ilmu Hukum ) Vol 7, No 1 (2020)
Publisher : Universitas 17 Agustus 1945 Samarinda

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ABSTRACT Permit as proof of legality to run a business, especially trading goods that are sold freely or goods whose trade is under government supervision. One of the merchandise which is controlled by the government is alcoholic drinks. Alcoholic drinks are included in the merchandise under surveillance because the effects of consuming alcoholic drinks can reduce or eliminate people's awareness and cause illness in the human body.This type of research used in this research is Normative law research. "Normative legal research (juridical normative) is a legal research method carried out by examining mere literature or secondary data.The results of the study stated that the Provisions for Granting Permits Against Alcoholic Beverage Sales Based on the Samarinda City Regulation Number 6 of 2013 Concerning Prohibition, Supervision, and Ordering of Sales of Alcoholic Beverages that the Socialization of the Samarinda City Regulation Number 6 of 2013 governing alcoholic drinks was basically well implemented. Basically, alcoholic drinks cannot be bought and sold outside the place that has obtained a permit or that has obtained a permit or that has been stipulated in Regional Regulation No. 6 of 2013, that in Samarinda there are still many alcoholic beverage sales without permits circulating freely in the community. Legal Consequences Against Alcoholic Beverage Sellers That Are Not In Accordance with Samarinda City Regional Regulation Number 6 the Year 2013 Regarding Prohibition, Supervision, Ordering of Sales of Alcoholic Beverages that the Satpol PP (Civil Service Police Unit) as law enforcers has cracked down on selling alcoholic beverages without permission with the prior permission first giving the sellers who netted a warning letter and confiscating their alcoholic beverages merchandise, if in the future they repeat it then the officer is not reluctant to give them the summons to come to court, then after that if they continue to violate then the Apparatus will impose sanctions in accordance with applicable legal regulations.Keywords: Alcohol, Permission, Prohibition

TINJAUAN HUKUM PELAKSANAAN EKSEKUSI RIIL DALAM PUTUSAN PERADILAN PERDATA Muhammad Fadhilah
Journal of Law ( Jurnal Ilmu Hukum ) Vol 7, No 1 (2020)
Publisher : Universitas 17 Agustus 1945 Samarinda

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Abstract Execution is an obligation that must be carried out by the court based on a legal basis in accordance with Article 54 paragraph (2) of Law Number 48 of 2009 concerning Judicial Power which expressly stipulates that the implementation of court decisions in civil cases is carried out by the Registrar and the bailiff led by the Chairman. Court.It is necessary to increase socialization regarding the rules and or procedures for execution to the public so that the public can better understand that the theory of legal certainty is able to protect the interests and rights of the community, as well as increase compliance with the rule of law and respect for the rights of fellow citizens.For officials in the judiciary, it is necessary to increase understanding that the law must be enforced as well as possible in a balanced manner in protecting the interests of the parties so that the implementation of court decisions or executions must be maximized so that all justice-seeking efforts do not only win on paper but can be realized. in fact. Keywords: Execution. Court Decision

TINJAUAN TERHADAP LARANGAN MINUMAN BERALKOHOL BERDASARKAN PERATURAN DAERAH NOMOR 6 TAHUN 2013 TENTANG LARANGAN, PENGAWASAN, PENERTIBAN DAN PENJUALAN MINUMAN BERALKOHOL DALAM WILAYAH KOTA SAMARINDA Nanang Dwi Adianse
Journal of Law ( Jurnal Ilmu Hukum ) Vol 7, No 1 (2020)
Publisher : Universitas 17 Agustus 1945 Samarinda

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ABSTRACTThe problems related to alcoholic beverages in Indonesia, especially in Samarinda city, are getting more and more alarming. Judging from every control carried out by the authorities, there are not a few stalls and shops without permission to deliberately sell and distribute alcoholic beverages. seller with or without guilt and fear, desperate to sell alcoholic drinks without permission whose adverse effects endanger consumers. Distribution licenses or places to sell alcoholic drinks have been regulated in the Regional Regulation of Samarinda City Number 6 of 2013 concerning Prohibition, Supervision, Control and Sales of Alcoholic Beverages in the Samarinda City area. The Government of Samarinda City as the party granting permits for the sale of alcoholic beverages must play an active role and synergize with the City Police of Samarinda City in supervising the place of sale of illegal alcoholic beverages that carry out their activities. The purpose of this study was to review the normative juridically regarding the prohibition of circulation of alcoholic beverages based on the Regional Regulation of Samarinda City Number 6 of 2013. The factors that caused the circulation of alcoholic beverages in Kota Samarinda were the socio-cultural factors of the city of Samarinda as well, the law enforcement officers' lack of routine in controlling the circulation of alcoholic beverages, alcoholic beverages became one of the livelihoods of the community, regional policy factors, and lack of public awareness in preventing the circulation of alcoholic beverages in their environment. The Resort Police Officers of Samarinda City have made efforts in overcoming the circulation of alcoholic beverages by means of preemptive efforts, preventive efforts, and repressive efforts. Keywords: Review of Regional Regulations, Prohibition of Alcoholic Beverages.

TINJAUAN YURIDIS TANGGUNG JAWAB LINGKUNGAN DAN SOSIAL PT MANDIRI PRIMA PASCA PENAMBANGAN BATU BARA Ihsan Sanjaya
Journal of Law ( Jurnal Ilmu Hukum ) Vol 7, No 1 (2020)
Publisher : Universitas 17 Agustus 1945 Samarinda

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ABSTRACT Mining is carried out solely for the development of the State and the welfare of the people as stated in article 33 paragraph (3) of the 1945 Constitution but in reality it is not like that mining companies only reap their own personal benefits without thinking about the surrounding environment that is still far from welfare If the Company does not implement that responsibility, then the company will get administrative sanctions up to the revocation of mining permits, this is the reason for the author to raise the title of juridical review if the company does not carry out environmental and social responsibility, the research method used is normative juridical, the form of contribution that is what a company does is with programs in several fields such as community empowerment, infrastructure improvement and development and environmental preservation. The Government in terms of Social and Environmental Responsibility (TJSL) or Community Development and Empowerment (PPM) has carried out law enforcement efforts as evidenced by the existence of relevant laws and regulations. Keywords: Responsibility, Mining and Company.

PENEGAKAN HUKUM TINDAK PIDANA DALAM PASAL 310 UNDANG-UNDANG NOMOR 22 TAHUN 2009 OLEH PENYIDIK SATUAN LALU LINTAS POLRES KUTAI TIMUR Ahmad Abu Bakar
Journal of Law ( Jurnal Ilmu Hukum ) Vol 7, No 1 (2020)
Publisher : Universitas 17 Agustus 1945 Samarinda

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AbstractTraffic violations are a problem that often occurs on the highway. In cases of traffic violations, in general there is no element of intent, only the element of neglect. Due to his negligence or negligence, the actions of the traffic violation perpetrator can cause the victim to fall and can cause death to the victim Almost all accidents due to human factors are preceded by violations of traffic signs or regulations. The legal consequences due to the negligence of a person who commits a traffic violation causing an accident are clearly regulated in Article 310 of Law Number 22 of 2009. The process of investigating criminal acts of Article 310 of Law Number 22 of 2009 by Traffic Unit Investigators of the East Kutai Police, namely: (1) notifying units in the field to pursue, intercept and arrest, (2) search and collect information from victims and/or witnesses, (3) research the evidence at the TKP, (4) identify types of accidents traffic, (5) shooting crime scenes and evidence, (6) informing the Control Center for the Information and Communication System for Traffic and Road Transportation and operational units, (7) inspections at places thought to be used to change the identity of the vehicle and/or hiding the vehicle if the perpetrator runs away; (8) blocking Motorized STNK, and (9); submission of evidence to the forensic laboratory. Obstacles in the law enforcement process against Article 310 of Law Number 22 Year 2009 by the East Kutai Police Traffic Unit investigators, from: (1) internal factors, the limited number of Polri personnel, and the number of unsupportive facilities, and (2) external factors is the difficulty in determining and calling witnesses for questioning. Keywords: Crime, Investigators,Law Enforcement, Traffic

IMPLEMENTASI PERATURAN WALI KOTA SAMARINDA NOMOR 51 TAHUN 2012 TENTANG KAWASAN TANPA ROKOK (KTR) PADA SEKOLAH MENENGAH PERTAMA (SMP) DI SAMARINDA Rafika Febi Rivalda
Journal of Law ( Jurnal Ilmu Hukum ) Vol 7, No 1 (2020)
Publisher : Universitas 17 Agustus 1945 Samarinda

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AbstractAs a follow-up, the Minister of Education issued the Republic of Indonesia Minister of Education Regulation No. 64 the Year 2015 concerning No-Smoking Areas in School Environments related to No-Smoking Areas (KTR). The non-smoking area aims to create a clean, healthy, and smoke-free school environment. Therefore, the prohibition of smoking in educational areas is one of the efforts to avoid the presence of minors who smoke. In addition to the students not smoking in the education area, this is also done so that the teachers give a good example to their students.The type of research the author uses is empirical juridical research, that is empirical juridical research, or so-called field research that examines applicable legal provisions and what happens in reality in society.The results of the study stated that the implementation of law enforcement areas without smoking in Samarinda City has not been effective. This is based on the results of a survey conducted by the Samarinda City Health Office that only 30% of the community complied while 70% of the community did not comply with the No Smoking Area. For the effectiveness of the No-Smoking Zone, a preventive effort is carried out, namely socialization, coordination, guidance, and provision of guidelines, as well as monitoring and evaluation and repressive efforts, namely by conducting spot checks and the imposition of sanctions for violators without smoking areas. The obstacles encountered by the government in law enforcement in the No Smoking Area in Samarinda City are affected by legal factors, factors of law enforcement officials, supporting facilities or facilities, community factors, and cultural factors.Keywords: Regions, Schools, Cigarettes

PERTANGGUNGJAWABAN PENYITAAN OLEH SATUAN POLISI PAMONG PRAJA DALAM PELAKSANAAN RAZIA PENERTIBAN PEDAGANG KAKI LIMA DI KOTA SAMARINDA Risky Sektiadi
Journal of Law ( Jurnal Ilmu Hukum ) Vol 7, No 1 (2020)
Publisher : Universitas 17 Agustus 1945 Samarinda

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ABSTRACTStreet vendors (STREET VENDORS) is one of the perpetrators of the economic populist who is engaged in the informal sector trade efforts. The term five-foot stems from Netherlands colonial occupation where sidewalk width 150 cm or "five feet" so that the nickname. The rules regarding trading activity for the street vendors are already socialized. But street vendors being unconcerned and choose to trade in such a crowded place on the sidewalk, curb, on bridges, and other public facilities. So bring an impact on hygiene, facilities, and infrastructure, disruption of pedestrian and traffic flow, especially in the market town of Samarinda. This study raised the issue of reform and a barrier to action against sellers who trade what is prohibited in the city of Samarinda on the basis of the decision of the Mayor of number 19 the year 2001. . Research methods used in the writing of this thesis is the juridical sociological legal research that is being done to look at and examine how a real implementation rules. Data sourced from observations, interviews, a review of the literature, mass media, and other sources of support for research compilers. The results showed that action against street vendors based on the decision of the Mayor of number 19 the Year 2001 carried out according to the procedures or rules in force, be it from markets or Police Department of teachers ' Praja Samarinda. Keywords: Control, Forclosure, Street vendors

AKIBAT HUKUM TERHADAP MASYARAKAT YANG TIDAK MELAKUKAN PHYSICAL DISTANCING DALAM PENANGGULANGAN PENYEBARAN VIRUS CORONA Syaiful Arif
Journal of Law ( Jurnal Ilmu Hukum ) Vol 7, No 1 (2020)
Publisher : Universitas 17 Agustus 1945 Samarinda

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AbstractThe spread of the Coronavirus in Indonesiahas become a national di-saster. The government is trying to overcome it by issuing a physical distancing policy. Physical distancing is a form of health quarantine, which is carried out by each individual to keep a distance between one another. However, the policy was not implemented properly due to lack of community legal awareness, so that those who violated the sanctions could be subjected. The regulation of physical dis-tancing as an effort to prevent the spread of the Corona virus in positive law in Indonesia is regulated in Article 9 of Law Number 6 Year 2018, which states that the obligation for each to comply with the implementation of health quarantine and participate in the administration health quarantine. The legal consequences for people who do not carry out physical distancing as an effort to prevent the spread of the Coronavirus in Indonesia are criminal sanctions in the form of imprisonment and/or criminal fines (Article 93 of Law Number 6 Year 2018), and if done or ordered by the controlling personnel corporation or corporate management, the penalty imposed is maximum imprisonment and maximum fine, each added with a weighting penalty of 2/3 (two-thirds), and the principal criminal imposed on the corporation is a maximum fine plus an offense of 2/3 (Article 94 of Law Number 6 the Year 2018). Keywords: Corona Virus, Legal Effects, Physical Distancing

KAJIAN HUKUM TENTANG PAJAK HOTEL DI KOTA SAMARINDA DI TINJAU DARI PERATURAN DAERAH KOTA SAMARINDA NOMOR 4 TAHUN 2011 TENTANG PAJAK DAERAH Taufik Indra Yoeshmana
Journal of Law ( Jurnal Ilmu Hukum ) Vol 7, No 1 (2020)
Publisher : Universitas 17 Agustus 1945 Samarinda

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ABSTRACT The problem in this study is related to the Implementation of Tax Collection and Implications for Hotel Tax arrears according to the Samarinda City Regional Regulation Number 4 of 2011 concerning Regional Taxes and how the efforts of the Samarinda City Government in increasing Local Revenue (PAD) from Hotel Taxes in Samarinda City. The purpose of this study is to know and analyze the implementation of star hotel tax levies and the Implications on Hotel Tax arrears in Samarinda City Number 4 of 2011 regarding Regional Taxes and how the efforts of the Samarinda City Government in increasing Local Revenue (PAD) from Hotel Taxes in Samarinda City. The type of research used by the author in writing this scientific work is normative legal research that is legal research that examines law as aspects of theory, history, philosophy, comparison of structures, and composition of consistency, scope and material consistency, general explanation of article by article, formality and thebinding force of a law, as well as the legal language used. Starred hotel tax is a potential regional tax object as one of the sources of Regional Original Revenue (PAD) in Samarinda City, while the constraints are due to the lack of application of rules and sanctions for arrears related to hotel taxes in samarinda City Number 4 of 2011 concerning Regional Taxes namely not maximum income regional income that should be issued rules to be more stringent in increasing local tax levies and also the side effects that occur due to non-maximum rules that have been made into a problem that is arrears of tax payments made by taxpayers. In this case, the main objective of the regulation should be to increase regional income to the maximum and also provide overall decisiveness for taxpayers so that they are not in arrears in paying taxes, which are clearly stipulated in local tax regulations in Samarinda city. To increase Local Revenue (PAD) from star-rated hotel taxes, the city government needs to evaluate the Samarinda City Regional Regulation No. 4 of 2011 regarding Regional Taxes related to the maximum application of hotel tax collection rules and implement strict legal sanctions for tax arrears in all starred hotels which still does not obey or heed regional tax regulations so as to increase awareness and obedience of taxpayers so that retribution income will increase significantly Keywords: Hotel Taxes, Implementation of Rules, Tax Arrears Implications

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Location Kota samarinda, Kalimantan timur INDONESIA

Abstract

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Contact Name
-

Contact Email
-

Phone
-

Journal Mail Official
-

Editorial Address
-

Location
Kota samarinda,

Kalimantan timur

INDONESIA