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AKIBAT HUKUM PELAKSANAAN JUAL BELI DIBAWAH TANGAN ATAS TANAH YANG BELUM BERSERTIFIKAT DI DESA DASAQ KECAMATAN MUARA PAHU KABUPATEN KUTAI BARAT Alda Aulia
Journal of Law ( Jurnal Ilmu Hukum ) Vol 7, No 2 (2021)
Publisher : Universitas 17 Agustus 1945 Samarinda

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ABSTRACTOne of the principles of a rule of law, namely the existence of a guarantee of legal certainty, especially in the field of land, to implement this principle the Basic Agrarian Law (UUPA) Number 5 of 1960 which regulates land ownership and use rights in Indonesia, is based on the provisions that applies if there is a transfer of rights over land such as sale and purchase, to obtain legal certainty the land must be registered, this is as regulated in the Basic Agrarian Law article 19 and article 23 paragraph (1) in conjunction with Article 37 paragraph (1) government regulation number 24 1997. land certificate as proof of ownership. However, in reality there are still uncertified land buying and selling practices. Usually this practice is carried out on the basis of mutual trust through a receipt or only using evidence as limited as a letter made in the village, which is called an underhand sale and purchase. The practice of buying and selling under the hands is often carried out, especially by people in Dasaq Village. The research method used in this research is legal research methods. The type of research used is empirical legal research. The problem approach used is the statue approach and the conceptual approach. This research was conducted in Dasaq Village, Muara Pahu District, West Kutai Regency. From the results of the research, it was found that in this village, there were still a lot of underground selling and buying practices because the land owned by the community in the village generally did not have a certificate or had not been registered. Underhand land sale and purchase transactions, among others, are based on mutual trust, through a receipt and through the Village Head based on a sale and purchase letter. The legal consequence of the underhand sale and purchase of uncertified land in Dasaq Village is that there is no legal certainty of the transfer of rights to the land as regulated in the Basic Agrarian Law because it has not been registered to obtain a certificate as proof of ownership of land rights.keywords: buying and selling under the hands, legal consequences, land registration, legal certainty.

TINJAUAN YURIDIS PERLINDUNGAN HUKUM ANAK YANG TERLIBAT TINDAK PIDANA NARKOTIKA Gilang Khassandra
Journal of Law ( Jurnal Ilmu Hukum ) Vol 7, No 2 (2021)
Publisher : Universitas 17 Agustus 1945 Samarinda

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ABSTRACT Drug abuse is an act that seems to be commonplace in Indonesia. The misuse of narcotics contains the intention of a person who without right or against the law uses narcotics. That is, if a person who does not have a permit or authority uses narcotics either for himself or for others, it can be categorized as abuse.Protection of criminal law for children who are involved in narcotics crime is by using diversion through a restorative justice approach. According to the above provisions, a child who commits a criminal act and is processed in juvenile justice has rights guaranteed by the Law on the Juvenile Criminal Justice System. One of these is the right not to be arrested, detained and imprisoned except as a last resort.Obstacles in providing legal protection for children involved in narcotics crime can be seen through the legal system consisting of legal structure, legal substance and legal culture as well as through law enforcement factors consisting of law enforcement, laws, facilities or facilities, society and culture. Keywords: Legal protection. Son Narcotics Crimes.

TINJAUAN YURIDIS HAK-HAK NASABAH PEGADAIAN DALAM HAL TERJADI PELELANGAN TERHADAP BARANG JAMINAN Ronny Siantury Irawan
Journal of Law ( Jurnal Ilmu Hukum ) Vol 7, No 2 (2021)
Publisher : Universitas 17 Agustus 1945 Samarinda

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ABSTRACTIn a pledge agreement that has been agreed to be carried out by the parties, where the agreement creates rights and obligations that must be fulfilled by the parties. If an achievement is not fulfilled, it will cause consequences that must be held accountable for the act and require the parties to compensate for the loss. This study aims to find out about the implementation of the pawn agreement between PT. Pegadaian (Persero) and its customers in relation to the principle of freedom of contract, know the rights and obligations of PT. Pegadaian (Persero) and customers in the pawn agreement and know the legal consequences if one of the parties makes a mistake in the pawn agreement. The approach method used in this research is a normative method where the method that examines the law is based on the rules and principles in law.This writing uses a normative type of research, where the law is conceptualized as what is written in the legislation (law in books) or the law is conceptualized as a rule or norm which is a benchmark for human behavior that is considered appropriate.The results of this study indicate that the rights and obligations of the parties are implemented if PT. Pegadaian (Persero) and the debtor have agreed on an agreement and require the parties to implement it. If the debtor does not fulfill the obligation to pay off and redeem the pawned goods in accordance with Article 1243 of the Civil Code, the consequence is that the pawned goods will be auctioned. PT. Pegadaian (Persero) also has an obligation to look after and maintain the customer's pawned goods. If the pawned goods are damaged or lost, the act is considered an unlawful act in accordance with Article 1365 of the Civil Code due to errors and omissions resulting in the customer experiencing a loss and requiring PT. Pegadaian (Persero) to compensate for the loss. The legal terms of the agreement are stated in Article 1320 of the Civil Code. Given the importance of an agreement, so that problems do not arise in the future due to someone's lack of understanding in making an agreement, we will explain some of the requirements that must be met in order for the agreement to be valid and binding on the parties. Article 1320 of the Civil Code states that there are 4 (four) conditions for the validity of an agreement, namely the existence of an agreement for those who bind themselves; The ability of the parties to enter into an engagement; A certain thing; and a lawful cause. Keywords: Mortgage Agreement, Legal Responsibility, Valid Terms of Agreement

KEDUDUKAN AKTA NOTARIS YANG DIANGGAP TIDAK MEMILIKI KEKUATAN HUKUM SAH ATAU BATAL DEMI HUKUM Muhammad Rizki Ramadhan
Journal of Law ( Jurnal Ilmu Hukum ) Vol 7, No 2 (2021)
Publisher : Universitas 17 Agustus 1945 Samarinda

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ABSTRACTThrough an authentic deed thatclearly defines rights andobligations guarantee legalcertainty, and at the same time it ishoped that disputes can be avoided.In the dispute resolution process, thean authentic deed which is the strongestand most fulfilled written evidencegives a real contribution to thesettlement of cases cheaply andquickly. In a juridical sense, the proof isonly needed in a case before theThe court, be it a civil or criminal case,thus, if there is no dispute, the proofis not necessary. In this research, thethe writer will discuss the problemregarding, What is the responsibilityof a notary as a General Officer fornotary deeds as evidence which isconsidered invalid or legally flawed?Where the purpose of this research isto find out how the responsibility ofthe notary as a general office to thenotary deed as evidence which isconsidered invalid or legally flawed.In writing this research, the juridicalnormative approach is used, whichfocuses on literature research thatdescribes secondary data, namelyprimary legal materials in the formof laws and regulations, secondarylegal materials such as books andscientific papers are written by legalexperts and related to the topic.research and tertiary legal materialsin the form of a Big IndonesianDictionary and a Legal LanguageDictionary. The scope of thisresearch is on issues related to thepower of proof of deeds, therefunctions and roles. This study aimsto investigate, discuss, describe andpresent a problemrelated to the power of proof of aNotary's deed. The problem raised inthis paper is entitled "POSITION OFNOTARY NOTARY NOT HAVELEGAL STRENGTH OR CANCELBY LAW". This study aims to answerquestions about the legalconsequences of the notary deed. Thetype of research used is juridicalnormative, namely researchconducted based on legal materialsand by collecting data, studyingbooks in the library and the laws andregulations related to this research..Keywords: Deed, Notary, Evidence.

TINJAUAN YURIDIS PEMBUKTIAN PENCEMARAN NAMA BAIK MENURUT HUKUM PIDANA Aditya Fattahillah Sigit
Journal of Law ( Jurnal Ilmu Hukum ) Vol 7, No 2 (2021)
Publisher : Universitas 17 Agustus 1945 Samarinda

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ABSTRACT Defamation is the act of defaming someone's good name by stating something, either verbally or in writing. The issue of slander and defamation, especially in criminal law, has been under the spotlight, both in its formulation and in practice. Defamation consists of two elements, that is the act of defamation and the object of defamation in the form of tarnished a person's good name. Defamation can be defined as an act of someone that results in tarnishing the good name of another person or an object is insulted.This study uses a normative juridical approach, legal research which is carried out by examining library materials or secondary data as the basic material to be studied by conducting a search of the regulations and literature related to the problem under study, namely against defamation according to criminal law. .Research results and discussion review of the Criminal Law of defamation is to use the existing laws and regulations in the criminal code and the ITE Law.. Legal analysis of defamation Taking the example of the case against Baiq Nuril through the Supreme Court Decision No.574 / K / PID.SUS / 2018 and the Judge's Consideration in Deciding the case.Keywords: Defamation. Proof

PENCEMARAN NAMA BAIK MELALUI MEDI ELEKTRONIK DALAM PRESPEKTIF PUTUSAN PENGADILAN NOMOR 450/Pid.Sus/2017/PN.Smr TENTANG PENCEMARAN NAMA BAIK Padli Padli
Journal of Law ( Jurnal Ilmu Hukum ) Vol 7, No 2 (2021)
Publisher : Universitas 17 Agustus 1945 Samarinda

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ABSTRACTDefamation is also known as insult, which is basically attacking the good name and honor of someone who is not in a sexual sense so that the person feels wronged. Honor and good name have different meanings, but they cannot be separated from one another, because attacking honor will result in tarnished honor and good name, as well as attacking a good name will result in a person's good name and honor can be tainted.This type of research is included in the writing of normative law through a statutory approach.The results of this determination explain that the legal arrangements for defamation through electronic media have been regulated in article 27 paragraph (3) of law number 11 of 2008 concerning electronic information and transactions which reads: "Everyone knowingly and without the right to distribute and / or transmit and / or make accessible electronic information and / or electronic documents that contain defamatory and / or defamation ”. The threats obtained from criminal defamation through electronic media are regulated in Article 45 paragraph (3) of Law Number 19 of 2016 concerning Amendments to Law Number 11 of 2008 concerning Electronic Information and Transactions, with the threat of imprisonment. a maximum of 4 (four) years and / or a fine of not more than IDR 750,000,000.00 (seven hundred and fifty million rupiahs). The application of the law against defamation through electronic media in the perspective of court decisions number 450 / Pid.Sus. / 2017 / PN.Smr regarding defamation is by taking legal channels, namely the judiciary. Keywords: Defamation, Electronic Media, Crime

KEDUDUKAN DAN STATUS ANAK YANG DILAHIRKAN SECARA BAYI TABUNG DILUAR PERKAWINAN DALAM PERSPEKTIF HUKUM PERDATA Muhammad Auliya Putra
Journal of Law ( Jurnal Ilmu Hukum ) Vol 7, No 2 (2021)
Publisher : Universitas 17 Agustus 1945 Samarinda

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ABSTRACTEvery human being who wants offspring must go through the marriage process but there are solutions for those who want offspring but not necessarily through marriage, such as phobias and there are also those who have problems such as not wanting to get married but are told to get offspring and have problems getting married. These problems will cause many complications related to how the child's survival is especially in terms of the law that regulates the child being born because of problems outside of marriage or not a legal marriage. The legal basis relating to children born by IVF outside of marriage is Article 272 of the Civil Code and the Decision of the Constitutional Court (MK) Number 46 / PUU-VIII / 2010 which revised Article 43 paragraph (1) of the Marriage Law. The formulas of the problem are: (1) The position and status of children born by IVF outside of marriage in the perspective of Civil Law; (2) The legality of children born in IVF outside of marriage in the perspective of Civil Law.The type of research used in this research is Normative Juridical Research and the problem approach used in this study is the Statute Approach and the Conceptual Approach.The results of the research are with the existence of Article 272 of the Civil Code which states that the validity of the child can be recognized as long as it receives legal recognition from the father and mother and also through the marriage certificate itself and the Constitutional Court (MK) Decision Number 46 / PUU-VIII / 2010 which revises Article 43 Paragraph (1) of the Marriage Law which states that the civil relationship of children born outside of marriage has a relationship only with the mother and the mother's family, as well as with the man as the father, which can be proven based on science and technology to have a blood relationship with the father's family. This Constitutional Court Decision Number 46 / PUU-VIII / 2010 provides legal protection for children to provide fair certainty for the status of children born even though the legality of the marriage is still not legal according to State law. So that the blood relationship between the child and the father in a biological sense can be confirmed based on a legal process and is able to receive their rights as a legitimate child. My advice is that it would be nice if you get married first so that babies born from IVF programs outside of marriage get guaranteed legal certainty and it is better for parents who give birth to children outside of marriage to acknowledge or legalize the child so that the child can get family status as soon as possible.Keywords: The Position and Status, Children, In Vitro Fertilization, Outside Marriage, Civil Law.

TINJAUAN YURIDIS TENTANG PENYELESAIAN SENGKETA HARTA WARIS MELALUI PERDAMAIAN Oppy Tri Oktarini
Journal of Law ( Jurnal Ilmu Hukum ) Vol 7, No 2 (2021)
Publisher : Universitas 17 Agustus 1945 Samarinda

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ABSTRACTIndonesian inheritance law is still pluralistic in nature, meaning that there is no unified inheritance law that can be applied comprehensively to Indonesian society. Inheritance law in Indonesia currently applies three systems of inheritance law, namely Islamic inheritance law, civil inheritance law, customary inheritance law. Of the three legal systems that regulate inheritance, of course, they have different sources of law from one another. Inheritance is a method of settling legal relations in society, which creates more or fewer difficulties due to the death of a person. In general, this study aims to determine the legal rules regarding the distribution of inheritance according to KHI, and the procedure for settling inheritance disputes through peace. This research method used is normative juridical. This conclusion shows that the law of inheritance in the compilation of Islamic law (KHI) article 171 point (a) is: the law that regulates the transfer of ownership of inheritance (tirkah) heirs, determines who has the right to become heirs and how much of each.Keywords: Inheritance, Peace

IMPLEMENTASI PERATURAN WALIKOTA SAMARINDA NOMOR 43 TAHUN 2020 TENTANG PENERAPAN DISIPLIN DAN PENEGAKAN HUKUM PROTOKOL KESEHATAN SEBAGAI UPAYA PENCEGAHAN DAN PENGENDALIAN CORONA VIRUS DISEASE 2019 (COVID-19) MENGENAI PENGGUNAAN MASKER DI KOTA SAMARINDA Oey Vonny Winata
Journal of Law ( Jurnal Ilmu Hukum ) Vol 7, No 2 (2021)
Publisher : Universitas 17 Agustus 1945 Samarinda

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ABSTRACK This extraordinary incident originated from a case of pneumonia caused by a virus from the Corona Virus extended family, but this virus has never been known before so it is referred to as a new type of Corona or Novel Coronavirus.This research is empirical juridical research. Empirical legal research is a legal research method that functions to be able to see the life of the law in a real sense and to examine how the law works in a society.Masks are used to avoid exposure to the Corona Virus that is hitting Indonesia, including Samarinda City so that the number of people exposed to this virus can be reduced. Mayor Regulation Number 43 of 2020 regarding health protocols including the use of masks was socialized by the Samarinda City Covid-19 Handling Task Force through word of mouth, social media, seminars, through printed media such as distributing pamphlets, banners and creating a Covid-19 Handling Task Force team at the sub-district, sub-district, to the RT / RW levelThere are 5 factors that influence law enforcement. However, the factors of the community that make the implementation of Mayor Regulation Number 43 of 2020 are hampered because there are still people who do not use masks. This is proven by the fact that people feel lazy to use masks when traveling to nearby places and wearing masks can hinder the activities of the community itself. This is what causes the people of Samarinda City to still not wear masks. Keywords : Implementation of Samarinda Mayor Regulation. Health Protocol for the Use of Masks

PEMBELAAN TERPAKSA (NOODWER EXCES) TERHADAP PELAKU TINDAK PIDANA ANAK YANG MENGAKIBATKAN MATINYA ORANG LAIN Via Varacika
Journal of Law ( Jurnal Ilmu Hukum ) Vol 7, No 2 (2021)
Publisher : Universitas 17 Agustus 1945 Samarinda

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ABSTRACT Self-defense is one of the rights and obligations are given by law to every person to maintain the safety of his life, both the safety of his life, property, and honor. that basically self-defense is a right which is instinctual for every person to defend himself or others, his property and honor from the evil deeds of other parties, which want to damage or harm illegally.An act that qualifies as a criminal offense for children is an act in the form of a crime or a violation as regulated in the criminal law legislation.For the application of the provisions of Article 49 of the Criminal Code, the following elements must be met: There is an attack that is instantaneous or threatens directly; The attack was against the law; The attack is against oneself or others, the honor of decency or the property of one's own or others.Law enforcement officers, especially the judges, apply the rules of article 49 of the Criminal Code. because these rules are legal protection against harm and other crimes against someone. Keywords: Forced Defense, Child Crime

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Contact Name
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Journal Mail Official
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Kota samarinda,

Kalimantan timur

INDONESIA