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TINJAUAN YURIDIS HUKUM WARIS BAGI KHUNSA ATAU BERKELAMIN GANDA DALAM PANDANGAN HUKUM ISLAM Zaidan Jauhari
Journal of Law ( Jurnal Ilmu Hukum ) Vol 8, No 1 (2022): Journal of Law
Publisher : Universitas 17 Agustus 1945 Samarinda

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ABSTRACK Humans are grouped as male and female and at birth are treated as boys and girls by parents and it is easy to learn gender as adults. However, for a small number of people, the effort to develop a gender identity is a problem. It means multiple sexes.The type of research used by the author is normative or doctrinal juridical law research, the explanation of which is normative legal research, another name is doctrinal legal research which is also referred to as library research or document study.Multiple sexes in Islam are called Khunsa, Khunsa is divided into 2 namely Khunṡa Ghairu musykil (Khunṡa That Is Not Difficult or Clear) and Khunṡa musykil which is very difficult to determine it cannot be known whether he is male or female, because there are no signs that indicate masculine or vague. However, the mujtahids have determined two ways to determine the sex of the khuna, namely from the genitals and examining the signs of maturity. can also be carried out genital surgery whose purpose is repair or refinement.The distribution of inheritance for a khuntsa ghairu muskyil is seen from his status after going through several ways by seeing the first discharge of urine and also from the signs of maturity. The division of the inheritance of a mushkil khuntsa according to the Shafi'i khuntsa school is given the smallest share of the male and female share then the rest of the property is suspended. Keywords: Law of Inheritance.Status.Multiple.

PELAKSANAAN PERJANJIAN KERJA WAKTU TERTENTU DI PT KIMIA FARMA BERDASARKAN UNDANG-UNDANG CIPTA KERJA Yuli Rahmadani Azis
Journal of Law ( Jurnal Ilmu Hukum ) Vol 8, No 1 (2022): Journal of Law
Publisher : Universitas 17 Agustus 1945 Samarinda

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ABSTRACTPT. Kimia Farma made a collective work agreement with non-permanent workers, one of which contained the contents of the agreement regarding the appointment of non-permanent workers to become permanent workers on the condition that the temporary workers must work at PT. Pharmaceutical Chemistry.Law Number 13 of 2003 concerning Manpower as amended through Law Number 11 of 2020 concerning Job Creation, one of which is regarding employment relations based on a certain time work agreement (also known as PKWT). In practice in the field, there are often problems related to the rights of PKWT workers, one of which is special requirements, especially related to the duration of the agreement and the type of work agreed. Whether things like this in the provisions of the Job Creation Act have been carried out by the Company or not. The type of research used is empirical juridical research, research using field data.The results showed that a certain time work agreement at PT. Kimia Farma based on the Manpower Act has special requirements, especially related to the term of the agreement and the type of work that is agreed upon. The term of a work agreement for a certain time can only be made for a maximum of two years, it can only be extended once for a maximum period of one year, or it can be renewed a maximum of once for a maximum of two years. As for the type of work itself, not all jobs can be used as objects of a certain time work agreement, but only certain jobs. Keywords: PKWT, Employment Agreement, Job Creation Act

AKTA KELAHIRAN TERHADAP ANAK YANG DILAHIRKAN DI LUAR PERKAWINAN Gresky Gistor Mangayuk
Journal of Law ( Jurnal Ilmu Hukum ) Vol 8, No 1 (2022): Journal of Law
Publisher : Universitas 17 Agustus 1945 Samarinda

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ABSTRACTBirth registration is an important matter in population registration and administration, and so far this problem has received little attention in the community. Given the importance of this birth certificate, a child must have a birth certificate even though he is a child out of wedlock, this is because the birth certificate is an authentic certificate that will be used as evidence regarding the child's civil status. In this study, the author uses a descriptive type of research, which is a study that is intended to provide an overview of the state of the subject and/or object of research as it is. The results of this study indicate that the process of obtaining a birth certificate for a child out of wedlock is the same in general as for a legitimate child, except that the mother must first fill out a statement that she is not legally married at the population service and the civil registry signed by the head of the population and civil registry office. one of the requirements in obtaining a birth certificate of a child out of wedlock. In the validity of the birth certificate of a child out of wedlock, it can be shown through a quote in the deed that has been issued by the population and civil registry office and also signed by the head of the population and civil registry office, which means that the validity of the deed of a child out of wedlock is the same as that of a legitimate child. can be used as authentic evidence for the certificate holder, with a birth certificate a person has legal guarantees and certainty regarding his civil status which includes personal identity, namely, name, place, and date of birth, and citizenship. Constraints in obtaining birth certificates for children out of wedlock can be seen from 2 (two) sides, namely the community and the apparatus including the lack of public awareness of the importance of birth certificates for children and also the lack of active role of civil registration officers to inform the importance of birth certificates for children in the future. the future, whether it's a child born out of wedlock. Keywords: Out of wedlock children, birth certificate, legal consequences

PERLINDUNGAN HUKUM TERHADAP STATUS KEWARGANEGARAAN ANAK HASIL DARI PERKAWINAN CAMPURAN BERDASARKAN UNDANG-UNDANG NOMOR 12 TAHUN 2006 TENTANG KEWARGANEGARAAN Agnes Visca Hemaskesuma Widodo
Journal of Law ( Jurnal Ilmu Hukum ) Vol 8, No 1 (2022): Journal of Law
Publisher : Universitas 17 Agustus 1945 Samarinda

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ABSTRACT Marriage is a bond that shows the relationship between one person and another. With the existence of Law Number 12 f 2006 concerning citizenship of the Republic of Indonesia which imposes dual citizenship only until the child is 18 years old or married, after which he must choose one of the nationalities of his choice.The enactment of Law Number 12 of 2006 concerning citizenship where if a child wants to get legal protection of a country. What is the citizenship status of children resulting from mixed marriages according to law number 12 of 2006 concerning citizenship and how are the civil rights of children resulting from mixed marriages according to the legal system in Indonesia. The method in this study uses a normative juridical research method based on the sources of legal material that will be studied by the author. The sources of legal material used include legislation related to the legal issues being handled. Keywords: Mixed Marriage, Dual Citizenship

KEKUATAN PERDAMAIAN YANG DILAKSANAKAN DIDALAM SIDANG PERDATA DI PENGADILAN NEGERI SAMARINDA BERDASARKAN PERMA NO. 01 TAHUN 2016 TENTANG MEDIASI DAN AKIBAT HUKUMNNYA Mega Awalia Majid
Journal of Law ( Jurnal Ilmu Hukum ) Vol 8, No 1 (2022): Journal of Law
Publisher : Universitas 17 Agustus 1945 Samarinda

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ABSTRACT As individuals who have free will, humans have their own interests. These interests are often in the same direction and in line with the interests of others around them. However, their interests often conflict with each other, giving rise to disputes or disputes that interfere with the harmony of living together. Based on that event, rules are needed as a means to solve problems that arise in order to create balance in life in order to create peace.law enforcers in mediation procedures are mediators and one of the common mediators is judges in district courts. In his duties, a mediator must work according to existing procedures. Due to a change in the mediation procedure through a Supreme Court regulation issued by the government, as for the formulation and limitation of the problem, how is the power of peace implemented in the Samarinda District Court session in relation to Perma no. 1 of 2016 and how is the existence of mediation in the settlement of peace in the Samarinda District Court according to Regulation No. 1 of 2016.The peace deed as outlined in the court's decision has three powers like an ordinary decision, namely binding power, evidentiary power, and executive power. The existence of mediation in the settlement of civil disputes in court in PERMA No. 1 of 2016 contains ten regulatory principles regarding the use of integrated mediation in court (court-connected mediation) which includes mandatory mediation, the autonomy of the parties, mediation in good faith.the disputing parties should be able to carry out problem-solving by means of deliberation before going through a court process which can take time and a lengthy trial process. Keywords: the power of peace, mediation

TINJAUAN YURIDIS TERHADAP ANAK BEDA AGAMA BERDASARKAN HUKUM ISLAM Sania Silviani
Journal of Law ( Jurnal Ilmu Hukum ) Vol 8, No 1 (2022): Journal of Law
Publisher : Universitas 17 Agustus 1945 Samarinda

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ABSTRACTWith its diversity of culture, race, customs, and religions, Indonesia is faced with a variety of legal perspective issues, in this case, related to controlling the change of belief and inheritance. These view differences often create legal problems, especially when it comes to inheritance. In Islamic law, it is defined that the right of children with a different religion to claim their parents' assets after they die will be obstructed (hijab). This Islamic inheritance law is different from the Indonesian civil law. Therefore, it is interesting to examine the inheritance law according to Islamic law in Indonesia. This study employs a normative method that analyses data from both primary and secondary legal materials. This study aims to determinehow Islamic law applies to the juridical evaluation of children with different religions. This examination is crucial because children are the descendants and the successors of theirparents. However, at a time when religious differences complicate their inheritance right, it will become a serious issue. In Islamic law, it does not necessarily mean that children will lose their right to a legal review or their inheritance right. It has been explained in The Quran and Shahih Bukhari that children with different religions due to conversion are highly praised. It is also stated that children will inherit their parents' assets through a method of “gift” or giving someone a present while they are still alive.

TANGGUNG JAWAB DEVELOPER BAGI KONSUMEN ATAS PERJANJIAN JUAL BELI RUMAH DENGAN MEKANISME PERJANJIAN PERIKATAN JUAL BELI (PPJB) Christian Luther Manopo
Journal of Law ( Jurnal Ilmu Hukum ) Vol 8, No 1 (2022): Journal of Law
Publisher : Universitas 17 Agustus 1945 Samarinda

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ABSTRACTBuying a house usually begins with PPJB as a binder between the developer and the consumer. However, over time, the implementation has been in many portraits of mourning that often reveal the news in the country that disappoints the public as consumers. The low awareness and knowledge of consumers so that they have a greater risk of consumer rights. The problem raised in this paper is the responsibility of the developer to the consumer for the house sale agreement with the mechanism of the sale and purchase agreement (PPJB) and the efforts that can be made by the consumer if the developer does not implement the sale and purchase agreement (PPJB).The type of research used is normative juridical with a statute approach.The responsibility of the developer to the consumer is the loss suffered by the consumer as regulated in Article 19 of Law Number 8 of 1999 concerning Consumer Protection. The developer is also responsible for correct information as well as building quality assurance. The developer's responsibility does not end there, during construction to the maintenance period the developer is also responsible for the quality of the building until the end of all sale and purchase binding agreements and the efforts made by consumers if the developer is unable to carry out the sale and purchase agreement (PPJB), namely, The first step is to ask the developer for existing problems, it can call or reprimand the developer. If it is not from the developer, it can file a lawsuit with the local district court. Keywords: Responsibility, Sale And Purchase Agreement, Developer

PERTANGGUNGJAWABAN OKNUM NOTARIS DALAM TINDAK PIDANA TURUT SERTA MELAKUKAN PENGGELAPAN SERTIFIKAT Dicky Armandau
Journal of Law ( Jurnal Ilmu Hukum ) Vol 8, No 1 (2022): Journal of Law
Publisher : Universitas 17 Agustus 1945 Samarinda

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ABSTRACTA Notary is an ordinary person who in carrying out his duties may deviate from the applicable legal rules.The method used in this research is normative, which examines and relates criminal acts committed by a notary with the concept of legal principles and elements of criminal acts based on the Criminal Code (KUHP) and the Law on Notary Positions (UUJN).The purpose of this study is to find out how the responsibility of notaries in criminal acts of participating in embezzlement of Property Rights Certificates based on Court Decisions and how the legal consequences of criminal convictions participate in embezzling Property Rights Certificates by notaries who have permanent legal force against the implementation of the position of a Notary and Notary code of ethics.The result of this research is that although the Notary Position Act (UUJN) does not regulate the existence of criminal sanctions against a Notary, it does not mean that a Notary as a public official is immune from the law. If a Notary in carrying out his duties is proven to have committed a crime and fulfills its elements, a Notary can be sentenced to criminal sanctions in accordance with the crime he has committed, which will refer to the Criminal Code (KUHP).Criminal responsibility for embezzlement committed by a Notary, namely a Notary will be given a prison sentence if he has fulfilled the elements of a criminal act of embezzlement as stipulated in Article 372 of the Criminal Code in conjunction with Article 55 paragraph (1) first.The legal consequences received by a Notary if he commits a criminal act and has permanent legal force with imprisonment for less than 5 (five) years, the Notary can still continue his profession as a Notary as long as he is not dishonorably dismissed by the Ministry of Law and Human Rights. Keywords: Accountability; embezzlement; Notary

TINJAUAN YURIDIS PUTUSAN AKTA PERDAMAIAN DI PENGADILAN AGAMA SAMARINDA MENGENAI HAK ASUH ANAK DI BAWAH UMUR PASCA PERCERAIAN Febri Safrian
Journal of Law ( Jurnal Ilmu Hukum ) Vol 8, No 1 (2022): Journal of Law
Publisher : Universitas 17 Agustus 1945 Samarinda

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ABSTRACTEveryone desires that the marriage he undertakes to remain intact throughout his lifetime, but many marriages which are so painstakingly established have to end in a divorce. the husband and wife who are going to divorce need to consider the problem of the child who has been born in that marriage. In the case of divorce, it will have legal consequences for the child, especially in the custody of minors. This research uses the juridical normative method, namely research that refers to the legal norms contained in statutory regulations and court decisions from the Religious Courts regarding the peace deed decisions regarding the custody of minors after divorce. The court is passive, meaning that it is just waiting, the initiative to take legal remedies is entirely dependent on the parties who are in the case, the Religious Courts should be able to impose sanctions on one of the parties who do not implement what has been agreed in the peace deed, thus the Court can impose sanctions on the parties. who do not implement what has been agreed in the peace deed? If there is a violation, the aggrieved party can submit a new application to the Head of the Religious Court to determine the implementation of the contents of the peace deed decision. Keywords: Peace Deed, Child Custody

PROSEDUR PEMBUATAN RELAAS AKTA BERITA ACARA RAPAT UMUM PEMEGANG SAHAM (RUPS) PERSEROAN TERBATAS DENGAN MENGGUNAKAN MEDIA TELEKONFERENSI Selamet Wahono
Journal of Law ( Jurnal Ilmu Hukum ) Vol 8, No 1 (2022): Journal of Law
Publisher : Universitas 17 Agustus 1945 Samarinda

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ABSTRACTThe spread of COVID-19 that has occurred almost all over the world has had a major impact on various aspects, one of which is the holding of the General Meeting of Shareholders (GMS) by meeting face-to-face. In order to minimize the spread of COVID-19, holding the GMS by means of face-to-face meetings can be replaced with an online GMS through teleconference media. The notary's role is to make the Deed of Minutes of the GMS which is held online to ensure certainty, order and legal protection.The research method used is normative juridical by researching library materials using a statute approach.Based on the results of the research, the answers to the formulation of the problems put forward are: The procedure for making the Relaas of the Minutes of the General Meeting of Shareholders (GMS) of a Limited Liability Company using Teleconferencing Media is a Notary who acts in his position as a public official is present using Teleconferencing Media and makes a Deed of Minutes The GMS is based on what the Notary has seen and heard from the beginning until the end of the GMS. The legal basis for making the Relaas of the Minutes of the General Meeting of Shareholders (GMS) of a Limited Liability Company made by a Notary using Teleconferencing Media is the provisions of Article 15 paragraph (1) of the UUJN in conjunction with the provisions of Article 1868 of the Civil Code and the preparation of the Relaas of the Minutes of the GMS must comply with the following provisions: the provisions contained in the provisions of Article 38, Article 39, Article 40, and Article 44 of the UUJN. Keywords: Deed Relaas, GMS, Teleconference

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Contact Name
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Contact Email
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Phone
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Journal Mail Official
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Location
Kota samarinda,

Kalimantan timur

INDONESIA