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PERLINDUNGAN HUKUM TERHADAP ISTRI KEDUA YANG DI POLIGAMI TANPA IZIN ISTRI PERTAMA Nur Indah Sari
Journal of Law ( Jurnal Ilmu Hukum ) Vol 7, No 2 (2021)
Publisher : Universitas 17 Agustus 1945 Samarinda

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ABSTRACTHusband and wife are a core part of the family where their relationship reflects how one human being with another human being of different sexes unites to form a unity to sustain life and create offspring in accordance with the ideals of the Indonesian people. But in the life of the community, it often happens that husbands who are polygamous or have more than one wife, therefore often result in neglect of child custody. But sometimes there is a husband who has polygamy or has more than one wife does not submit an application to the Court in the area where he lives. Based on

KETERLAMBATAN PENANGANAN PESERTA BPJS KESEHATAN OLEH PIHAK RUMAH SAKIT YANG MENGAKIBATKAN KEMATIAN Nanda Aditya Permana
Journal of Law ( Jurnal Ilmu Hukum ) Vol 7, No 2 (2021)
Publisher : Universitas 17 Agustus 1945 Samarinda

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ABSTRACT This research wants to solve the problem that often occurs in hospital Samarinda, like late handling patients who used BPJS Health that makes decease, because there is different handling between general patient and BPJS patient. The hospital prefers general patients more than BPJS patients. This research used normative research or doctrinal law research, and library research. This normative research or doctrinal law research is like library research or document study. The research used the statutory approach or conceptual approach. Based research results show that laws in hospitals that late handling BPJS patients and make decease is warning verbal, warning list, forfeit, and revocation of the hospital. And more fatal is the hospital is reported to the authorities. The factor that influenced late handling BPJS patient in the hospital is level of competence of hospital apparatus, a medical device in a hospital, and organizational culture

TINJAUAN YURIDIS TERHADAP TINDAKAN PENGANCAMAN MELALUI MEDIA ELEKTRONIK BERUPA PESAN SINGKAT Adam Gusti
Journal of Law ( Jurnal Ilmu Hukum ) Vol 7, No 2 (2021)
Publisher : Universitas 17 Agustus 1945 Samarinda

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ABSTRACTThreatening is someone's intention to do something that has the goal of harming others. The inadequate readiness of human resources in the use of information technology, both in terms of intelligence and mental readiness, has made the sophistication of this information technology a tool that is prone to being used as a medium for committing crimes or or more influencing the birth of new forms of legal action. Threats through electronic media are in principle the same as conventional threats, which only distinguish the means, namely through the internet, so that personal videos and photos are included in electronic information and / or electronic documents sent via short messages which are currently electronic media crimes.Regarding threats through electronic media in the form of short messages, the problems in this study are what are the elements of the offense in the act of threatening through electronic media in the form of short messages as regulated in Law No. 19 of 2016 and Imposing legal sanctions for perpetrators of criminal acts who threaten through electronic media in the form of a short message based on a court decision (Number 159 / Pid.Sus / 2018 / PN Lmg). This research method uses Normative Juridical. The juridical normative research method is an approach based on legal materials by examining theories, concepts, legal principles and laws and regulations referring to the existing norms in society with the addition of various juridical elements.The conclusion obtained is that the elements of the offense of threatening through electronic media in the form of a short message, namely everyone, intentionally and without rights, distributes and / or makes accessible, information and / or electronic documents, which contain extortion and / or threats, and charges of extortion and / or threats. sanctions, namely 7 (seven) months imprisonment and a fine of Rp. 100,000,000 (one hundred million rupiah)

PERJANJIAN KERJASAMA ANTARA DEALER MOBIL PT. MAHAKAM BERLIAN SAMJAYA DENGAN PERUSAHAAN FINANCE PT. CLIPAN FINANCE SAMARINDA DALAM HAL JUAL BELI MOBIL Ferny Meirinda Lestari
Journal of Law ( Jurnal Ilmu Hukum ) Vol 7, No 2 (2021)
Publisher : Universitas 17 Agustus 1945 Samarinda

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Abstract This study aims to determine the form of cooperation agreement and form of accountability of the parties in cooperation between dealers PT. Mahakam Berlian Samjaya with PT. Clipan Finance Samarinda. The results of the study show the form of a cooperation agreement between PT. Mahakam Berlian Samjaya with PT. Clip Finance Samarinda is a written agreement based on an agreement with the principle of freedom of contract, where both are entitled to freely determine the form and content of the agreement as stipulated in Article 1338 Paragraph(1) of the Civil Code. While the accountability of the parties has been clearly stated in the cooperation agreement, where Indomobile Finance is obliged to carry out analysis and verification that are deemed necessary and in accordancewith the operational standards for each application submitted by the dealer before finally being approved by PT. Clipan Finance Samarinda, where the rights and obligations of the dealer and the financing company have been in compliance with the rights and obligations of the business actor in the Consumer Protection Act.Keywords: cooperation agreements, car dealers, finance companies

PELAYANAN KESEHATAN TERHADAP STANDAR MAKANAN NARAPIDANA DI TINJAU DARI UNDANG-UNDANG NOMOR 12 TAHUN 1995 TENTANG PEMASYARAKATAN Indah Lestari
Journal of Law ( Jurnal Ilmu Hukum ) Vol 7, No 2 (2021)
Publisher : Universitas 17 Agustus 1945 Samarinda

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ABSTRACTA prisoner as a person who is currently serving a sentence in a correctional facility does not mean that the prisoner loses all his rights as a human being or does not even get any rights while being a prisoner. Article 14 paragraph (1) Letter d of the Correctional Law, namely prisoners have the right to get health services and adequate food. Giving food that is not sufficient in quantity and quality can cause various health problems, including it can lead to malnutrition, so susceptible to disease, lack of motivation and apathy. The correctional facility must provide food with quality that meets health requirements. Food that meets health requirements or healthy food is food that is hygienic, nutritious, and sufficient.This research is included in normative legal research through a statutory approach and a conceptual approach. The data source used is secondary data consisting of primary, secondary and tertiary legal materials. The technique of collecting and processing legal materials is carried out by means of literature study, namely by looking for primary, secondary, and tertiary legal materials that are relevant to the research. The analysis of the legal materials used is that the legal materials will be collected then the legal materials are processed, then proceed with analyzing the legal materials by means of interpretive, legal reasoning, and argumentation.Based on the results of research and discussion, it is known that Health Services to Food Standards for Prisoners have met standards which are prisoners' rights that must be fulfilled by prisons in accordance with the applicable Law Number 12 of 1995 Concerning Corrections, as for food that meets standards, among others, namely food ingredients. which is processed does not exceed the expiration limit, where the food does not use substances that are harmful to the health of the food and the food served does not endanger health. It can be seen that the number of prisoners is 830 people and it is related to food service which in reality is 3 times a day and 2 times a day. Rights for Prisoners The implementation of this fulfillment, of course, the prison authorities still experience significant obstacles due to several factors that cannot be denied from the correctional ranks, namely what if it happens and what can no longer be avoided if the constraints in question are: 1. related to the delay delivery of food ingredients 2. foodstuffs run out before time 3. limited supply of water. This is an obstacle that is not desired by all parties in the ranks of prisons both in the implementation of health services and the provision of proper food for prisoners.Keywords: Health Services, Prisoners, Correctional Institution

TINJAUAN YURIDIS TINDAK PIDANA ABORSI YANG DILAKUKAN ANAK DIBAWAH UMUR Nuralisyah Nuralisyah
Journal of Law ( Jurnal Ilmu Hukum ) Vol 7, No 2 (2021)
Publisher : Universitas 17 Agustus 1945 Samarinda

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ABSTRACTAbortion is a threat or release of the product of conception before the fetus can live outside the womb and as a limitation is used for pregnancies of less than 20 weeks or fetal weight less than 500 grams. The development of the era of globalization has made the moral values that exist in society less and less free so that it violates the boundaries of moral and religious values. Currently, the crime of Abortion is evidence of the increasing importance of free sex among young women, especially underage children in the jurisdiction of the city resort police. Samarinda. Regarding abortion, the problem in this study is how the methods of law enforcement and efforts to overcome and reduce abortion crimes committed by minors by the Samarinda City Resort Police. This research method uses empirical legal research, namely research with field data as the main data source such as interviews. The conclusion obtained is that the police carry out law enforcement methods on abortion carried out by minors by using applicable rules such as Law No. 11 of 2012 concerning the Criminal Justice System for Children and Law Number 36 of 2009 concerning Health. To overcome or reduce the crime of Abortion by means of Preventive Efforts and Repressive Efforts.

PERLINDUNGAN HUKUM BAGI KONSUMEN TERHADAP PRODUK KOSMETIK YANG MENGANDUNG BAHAN BERBAHAYA Vini Alvionita
Journal of Law ( Jurnal Ilmu Hukum ) Vol 7, No 2 (2021)
Publisher : Universitas 17 Agustus 1945 Samarinda

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ABSTRACT Trading in a free era is now a lot of cosmetics on the market and through social media with various types of brands. A woman's desire to always look beautiful is widely utilized by irresponsible businesses by producing or trading cosmetics that do not meet the requirements or that contain harmf ingredients to distributed to the public. Most wome are very interested in buying kosemetik products at low prices and the results are quickly visible. Many loss are caused by the circulation of cosmetic products face whitening but this danger is not realized by women. The government invited Law No. 8 of 1999 on Consumer Protection to be fully protected and protected consumer rights. This paper aims to know the legal protection for consumers against products containing hazardous materials and to know the legal sanctions against kosetic businesses containing materials containing hazardous materials. This research method uses NormativeEmpirical. This method of empirical normative law research is basically a merger between normative legal approaches with the addition of various empirical elements. Based on the results of the study explained that legal protection for consumers against cosmetic products containing harmful ingredients is still found in the city of Samarinda that are still circulating and sold by manufacturers and businesses that are not responsible as stipulated in Law No. 8 of 1999 on Consumer Protection. Producers and businesses that do not meet the requirements in producing the sale of an item will be subject to criminal sanctions Article 169 for a maximum of 10 (ten) years and a maximum fine of Rp 1,000,000,000.00 (one billion rupiahs) and Article 19 7 with the threat of until 15 (fifteen) years and a maximum fine of Rp 1,500,000,000.00 (one billion five hundred million rupiahs) which has been regulated in Law No. 36 of 2009 concerning Health.Keywords: Consumer Protection, Dangerous Cosmetics

TINJAUAN HUKUM TERHADAP KONTRAKTOR PENAMBANG BATU BARA DAN KONTRAKTOR REKLAMASI DALAM PELAKSAAN REKLAMASI LAHAN PASCA TAMBANG DI KOTA SAMARINDA Achmad Chairil Ardi Baruna
Journal of Law ( Jurnal Ilmu Hukum ) Vol 7, No 2 (2021)
Publisher : Universitas 17 Agustus 1945 Samarinda

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ABSTRACTAgreements between the holders of coal mines with contractors, the parties who make agreements have equal positions in the fight for their rights and obligations, so as to be balanced rights and obligations between them. The contents of the agreement between the holders of the mine with the contractor contain the scope of post-mining land reclamation work in the mining area. In its agreement, the time period has been agreed upon. The problem of the thesis is how to perform the reclamation agreement between the holders of mines and contractors, post-mining and how to sanction to the mining business license holders and contractors if not running Reclamation in accordance with the agreed agreement, with the title of the thesis. The research of this thesis is normative and juridical juridic empirical, the nature of his research is a descriptive analysis of the direct view of the Treaty and application of reclamation between the holders of the mines and contractors in Samarinda. The results of the study explain the agreement between the holders of coal mines with the contractor has fulfilled the legal requirements of the agreement as in article 1320 Civil Code, that is to agree on those who bind themselves that the agreement has occurred and Approved by both parties, capable to make agreements, and with an agreement in the implementation of post-mining land reclamation in Samarinda. The sanctions of mine and contractor permits in the event of violations of reclamation and postwar activities may be subject to administrative sanctions and criminal sanctions. Keywords: Reclamation and Sanctions

PENERAPAN HUKUM TERHADAP PELAKU TINDAK PIDANA PENGANIAYAAN YANG MENGAKIBATKAN LUKA BERAT DI PENGADILAN NEGERI SAMARINDA Muhammad Mariadi
Journal of Law ( Jurnal Ilmu Hukum ) Vol 7, No 2 (2021)
Publisher : Universitas 17 Agustus 1945 Samarinda

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ABSTRACTIONMaltreatment is a form of action that can harm other people, namely towards physicality. One of them is that it can cause serious injury or can even cause the loss of a person's life. These actions occur due to factors including uncontrolled community behavior due to low levels of education and environmental influences, poor association which ultimately results in disputes both personal and group. The problem raised in this study is how the application of criminal law to criminal acts of maltreatment that resulted in serious injuries in district court Samarinda and what is the legal consideration of judges in making decisions on crimes of persecution that resulted in serious injuries in district court Samarinda.The type of research used is normative juridical research, library research with the problem approach used in the writing of this thesis is the statute approach.The results showed that the application of criminal law in the case No.223 / Pid.B / PN.Smr was correct because the defendant's actions more fulfilled the elements of Article 351 paragraph (2) of the Criminal Code. And the legal considerations of the judge in making a verdict in criminal case No.223 / Pid.B / PN.Smr with three valid evidence, namely the victim's witness statement, the proof of the Visum at repertum and the statement of the defendant And the kayin judge because of it.Keywords: Law Application, Crime of Persecution, Serious Injury

TINJAUAN YURIDIS TERHADAP ANAK DIBAWAH UMUR YANG BEKERJA SELAMA MASA PANDEMI COVID - 19 DI KOTA SAMARINDA Dita Purnama Sari
Journal of Law ( Jurnal Ilmu Hukum ) Vol 7, No 2 (2021)
Publisher : Universitas 17 Agustus 1945 Samarinda

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ABSTRACTThe issue of child labor as a type of labor has long been a problem in the world of education, with the addition of regulations stipulated by the Government regarding the Covid-19 Pandemic which greatly impacted the economy of the child's parents, so that many concerns have arisen with the existence of child labor. In fact, the problem of child labor in Indonesia cannot be addressed by choosing whether or not it is permissible. The reality shows that poor families really need work for their children, both to help their family's economy and to sustain their own lives.The type of research used in this research is juridical empirical research, which is a legal research method that uses the rules of law and searches for data or information directly in the field in the form of interviews with resource persons.Various kinds of factors that cause underage children to work are generally economic factors, then habitual factors, self-will (independent), and psychological factors. and outreach to child laborers.With the conditions at the time of the Covid - 19 pandemic, the Government must increase the skills training for child laborers. Parents must play an active role in educating their children so that their children get their rights as children. Child labor rights according to labor law No. 13 of 2013 is the right to survival, the right to protection, the right to develop.Keywords: Covid -19 pandemic, workers, children

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Contact Name
-

Contact Email
-

Phone
-

Journal Mail Official
-

Editorial Address
-

Location
Kota samarinda,

Kalimantan timur

INDONESIA