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Kota samarinda,
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INDONESIA
DEDIKASI JURNAL MAHASISWA
Published by Universitas 17 Agustus 1945 Samarinda
ISSN : -     EISSN : -     DOI : -
Core Subject : Education,
Education
Arjuna Subject : -
Articles 66 Documents
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Search results for , issue "Vol 7, No 2 (2021)" : 66 Documents clear
AKIBAT HUKUM TERHADAP PELAKU TINDAK PIDANA TERORISME DALAM PERSPEKTIF HUKUM POSITIF DAN HUKUM ISLAM DI INDONESIA Bagus Sulaksono
Journal of Law ( Jurnal Ilmu Hukum ) Vol 7, No 2 (2021)
Publisher : Universitas 17 Agustus 1945 Samarinda

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AbstractTerrorism is an act that uses violence or threats of violence that create an atmosphere of terror or widespread fear, which can cause mass casualties, and/or cause damage or destruction to strategic vital objects, the environment, public facilities, or international facilities with ideological, political, or security disturbance motives. Terrorism involves groups that attempt to overthrow certain regimes, correct group/national grievances, or undermine the international political order. The main element of terrorism is the existence of acts of violence, political differences being the main motive, taken either individually or in groups by spreading fear against the opposing party so that the ruling regime fulfills its demands. Terrorism is also carried out by killing the race of a nation because of feelings of revenge or political problems. Terrorism like this includes crimes against human rights, which deliberately destroy or destroy all or part of a national group or ethnic race. The regulation of criminal acts of terrorism according to positive law in Indonesia and Islamic law, namely in Law Number 5 of 2018, while Islamic law is based on the al-Qur’an and the Hadith of the Prophet. Criminal sanctions for criminal acts of terrorism according to positive law in Indonesia and Islamic law are : (1) Law Number 5 of 2018 in the form of imprisonment and capital punishment, and (2) Islamic law in the form of Jarimah hudud. This criminal act of terrorism is also included in the finger of qishash who is sentenced to death if there is no amnesty (amnesty). If the perpetrators surrendered and laid down their weapons, the suppression was stopped and they were rebels guaranteed the safety of their lives and assets, then the government (ulil amri) could forgive them or punish them with ta’zir punishment. Keywords :      Crime, Islamic Law, Legal Consequences, Perpetrators, Positive Law, Terrorism
PENGELUARAN DAN PEMBEBASAN NARAPIDANA DALAM RANGKA PENCEGAHAN DAN PENANGGULANGAN PENYEBARAN COVID-19 DI LEMBAGA PEMASYARAKATAN DALAM PERSPEKTIF HUKUM POSITIF DI INDONESIA Ayu Yosine
Journal of Law ( Jurnal Ilmu Hukum ) Vol 7, No 2 (2021)
Publisher : Universitas 17 Agustus 1945 Samarinda

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AbstractThe Indonesian government through the Ministry of Law and Human Rights takes steps to minimize the impact of Covid-19 on Prisoners and Detainees in Prisons by granting Assimilation and Integration Rights for Prisoners, this step is carried out by the Ministry of Law and Human Rights by releasing Prisoners to prevent them. the spread of Covid-19. In this decision, the Government's consideration in carrying out the release is due to the high occupancy rate in prisons, so they are vulnerable to contracting the Corona virus. Seeing this impact, issued a Regulation of the Minister of Law and Human Rights of the Republic of Indonesia Number M.HH-19.PK.01.04.04 of 2020 concerning the Release and Release of Prisoners through Assimilation and Integration in the Context of Preventing and Combating the Spread of Covid-19. The issues raised in this paper are the Release and Release of Prisoners in the Context of Preventing and Controlling the Spread of Covid-19 in Prisons Can be Justified by Law and There are Special Requirements in the Implementation of the Release and Release of Prisoners in the Context of Preventing and Controlling the Spread of Covid-19 in Correctional Institutions. The type of research used is juridical normative research, legal research which is carried out by examining library materials or secondary materials, with the problem approach used in the writing of this thesis is legislation. The statutory approach is carried out by examining all laws and regulations. The results of the study indicate the provision of assimilation and integration for prisoners through the Minister of Law and Human Rights Regulation Number 10 of 2020 and the Decree of the Minister of Law and Human Rights Number M.HH-19.PK.01.04.04 of 2020. and it can be justified according to law, that almost all prisons in the country are overcapacity, making them vulnerable to the threat of the Corona Virus Diseases (Covid-19) pandemic. Keywords:Prisoner’s Release, Pandemic Covid-19.
ANALISIS YURIDIS HAK TANGGUNGAN DIATAS HAK GUNA BANGUNAN BERASAL DARI HAK PENGELOLAAN ASET PEMERINTAH DAERAH (Studi di Perumahan Korpri Jalan Jakarta Loa Bakung Samarinda) Yulia Eka Saputri
Journal of Law ( Jurnal Ilmu Hukum ) Vol 7, No 2 (2021)
Publisher : Universitas 17 Agustus 1945 Samarinda

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ABSTRACTLand rights in Indonesia are divided into 2 major parts, namely (1) permanent land rights such as property rights, building use rights, and business use rights. (2) Land rights that are not permanent such as Mortgage Rights (formerly called Hypotheek), Mortgage Rights only apply to immovable objects in the form of land and building rights only.The problem is that Mortgage Rights can be expressly granted over land rights as referred to in the Mortgage Law. The relationship between Mortgage Rights and other rights, as the object of Mortgage, cannot be disputed, but this issue arises in relation to land rights which are permanent in nature over Management Rights which are still land assets belonging to the East Kalimantan Provincial Government.Whereas the implementation of PP Number 40 of 1996 which regulates Building Use Rights can be used as objects of Mortgage Rights, there is a regulatory dichotomy, because Law Number 4 of 1996 clearly regulates that the objects of Mortgage are Building Use Rights, which come from Property Rights, State Land, and Management rights are not questioned. Likewise, the dichotomy states that it is the object of transition that must receive a recommendation. Keywords: Building Use Rights, Local Government
PELAKSANAAN PIDANA DENDA DALAM PERKARA TILANG KENDARAAN BERMOTOR DI PENGADILAN NEGERI KELAS 1A SAMARINDA Busyiri Busyiri
Journal of Law ( Jurnal Ilmu Hukum ) Vol 7, No 2 (2021)
Publisher : Universitas 17 Agustus 1945 Samarinda

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AbstractTraffic violations in the City of Samarinda are increasing because of the lack of awareness of road users about driving rules. In general, there are still many people who do not know about the process of ticketing cases in Samarinda District Court. The purpose of this study was to determine the trial process of traffic violations in Samarinda District Court, to find out the Judges' considerations in passing a fine decision on a ticket case and to know the decision on a fine in a ticket case, whether or not an appeal was made according to Law Number 22 of 2009 concerning Traffic and road transport. The research method used in this study is the Juridical Empirical and Normative Juridical where research data are sourced from primary, secondary and tertiary data. The results of the study revealed that the trial proceedings at the Samarinda District Court were carried out by a quick examination and the offenders were subject to criminal sanctions based on court decisions. It is known that the Judge's consideration in imposing a fine verdict on a speeding case explains that the Judge already has a data table on traffic violations regarding the amount of the fine to be imposed based on the violation article and the court's determination regarding traffic violations in the form of criminal fines cannot be appealed yet but if the decision is in the form of deprivation of liberty or imprisonment, an appeal can be filed according to the provisions in Article 214 paragraph (4) of the Criminal Procedure Code.
PROSES PENYIDIKAN TERHADAP ANAK DIBAWAH UMUR DI KEPOLISIAN RESOR KOTA SAMARINDA Abd. Ghafur
Journal of Law ( Jurnal Ilmu Hukum ) Vol 7, No 2 (2021)
Publisher : Universitas 17 Agustus 1945 Samarinda

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ABSTRACTThis writing aims to find out how legal protection efforts are for children as perpetrators of crimes at the level of investigation, who provides legal protection for children who commit crimes.This writing aims to determine the actions of relevant agencies against minors who are in conflict with the law at the level of investigation. The type of research in this thesis is normative juridical, that is, this writing is done by reading, citing, and important notes from various primary, secondary and tertiary legal sources.Results Based on research in the field at the Samarinda City Police Agency that efforts to protect children's law as perpetrators of crimes at the level of investigation in the examination process are mediation/diversion involving the parents of the perpetrator, the victim, legal advisors, social workers, PPA (Women and Children Services). ), DKP3A (Department of Population Empowerment of Women & Children) which was formed based on the Governor's Decree 30 June 2009, P2TP2A (Integrated Service Center for Women and Children Empowerment), and BAPAS (Penitentiary). The that provides legal protection for minors suspected of committing a crime is the State through law enforcement officials, related agencies, and applicable laws.Keywords: Investigation Process, Minors.
KESADARAN HUKUM DALAM MENAFKAHI ANAK PASCA PERCERAIAN PADA PUTUSAN PENGADILAN AGAMA SAMARINDA Joy Agustian Irawan
Journal of Law ( Jurnal Ilmu Hukum ) Vol 7, No 2 (2021)
Publisher : Universitas 17 Agustus 1945 Samarinda

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ABSTRACTLegal awareness is the awareness or values found in human beings about existing laws or expected laws that exist. legal awareness in fulfilling parental obligations in providing for a child after a divorce must be responsible for the costs of caring for and educating childrenThis research intends to know the legal awareness of parents in being responsible for all the costs of caring for and education for children after divorce and in general aims to find out the legal awareness and obligations of parents in fulfilling the rights of children after divorce in Samarinda's religious court ruling.The results of research in the Samarinda Religious Court, which occurred regarding children's living rights after divorce, all children from legal marriages come with their mothers and were the fulfillment of children's living rights is only fulfilling while there are not even full ones. In this case, many of which play a role after divorce is a mother who works to meet the needs of her children Apart that it should be the father who bears the living rights of the child that has been set by the Judge of the Samarinda Religious Court. Whereas in deciding the case, the judge's consideration is to see from a father's economic ability related to work and salary. Therefore, in deciding on cases involving the cost of living for children, the Samarinda Religious Court judges in considering and deciding based on the income of a father. Even though the Samarinda Religious Court's decision sentenced an ex-husband to fulfill his children's living rights after divorce, an ex-husband did not implement the decision. This is caused by several factors. Factors causing it are, First: economic factors, where an ex-husband on average does not have a steady income, even some who do not have a permanent job. Second: the mother factor is able to provide for her child, this is because a mother already has her own income. Third: communication factors, after divorce, many ex-husbands and ex-wives are no longer in communication. So it is very influential in terms of financing the livelihood of children.Keywords: Legal Awareness, Children's Livelihood

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