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AKIBAT HUKUM TERHADAP DEVELOPER PERUMAHAN YANG TIDAK SEDIAKAN SARANA, PRASANA, UTILITAS BERDASARKAN PERATURAN PEMERINTAH NOMOR 12 TAHUN 2021 TENTANG PENYELENGGARAAN PERUMAHAN DAN KAWASAN PERMUKIMAN Noviedz Zulvan Afriza
Journal of Law ( Jurnal Ilmu Hukum ) Vol 8, No 2 (2022): Journal of Law
Publisher : Universitas 17 Agustus 1945 Samarinda

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ABSTRACTHousing development in Indonesia is mostly done by developers. The increasing number of developers in the housing sector certainly makes it easier for people to make their choices in choosing a house according to their respective financial capabilities. When the housing is still under construction, housing marketing can be done through a pre-sales purchase agreement (PPJB) system that must include certainty on several things, one of which is the availability of infrastructure, facilities, and public utilities. However, in practice, it will be a problem if there is a discrepancy between what is listed in the brochure or advertisement in the form of product information, with what is contained in the sale and purchase agreement signed by the consumer, especially if there is no availability of infrastructure, facilities, and public utilities. In other words, the developer is in default.The problems raised in this paper are legal consequences for developers who do not provide public infrastructure, facilities, and utilities based on Government Regulation Number 12 of 2021 concerning the Implementation of Housing and Settlement Areas and legal remedies that consumers can take, if the developer defaults.The type of research in this research is normative legal research. The approach method of this research is the approach to legislation (Statue approach). The technique of collecting legal materials used by the authors of the literature study.The results of the study show that the legal consequences for developers who do not provide infrastructure, facilities, and public utilities, developers can be subject to administrative sanctions as stipulated in Article 50 number 15 of Law Number 11 of 2020 concerning Job Creation and the developer concerned can also be charged. criminal offense if it results in victim/damage to health, safety, and/or the environment. Based on Article 50 point 16 of Law Number 11 of 2020 concerning Job Creation.Efforts that can be made by consumers if the developer is negligent of the contents of the PPJB. Consumers in the first step can ask the developer regarding existing problems, after that they can call or reprimand the developer. If there is no response from the developer, they can file a lawsuit to the local district court. Keywords: Legal Consequences, Developer, Infrastructure and Public Utilities

IMPLEMENTASI SISTEM PERADILAN BERBASIS ONLINE (E-COURT) DITENGAH PANDEMI COVID 19 DALAM PENYELESAIAN PERKARA PERDATA OLEH ADVOKAT DI PENGADILAN NEGERI SAMARINDA Nathannael Stanlis Imron
Journal of Law ( Jurnal Ilmu Hukum ) Vol 8, No 2 (2022): Journal of Law
Publisher : Universitas 17 Agustus 1945 Samarinda

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ABSTRACTSupreme Court Regulation Number 1 of 2019 or hereinafter abbreviated as PERMA Number 1 of 2019 is a revision of the previous Supreme Court Regulation, namely: Supreme Court Regulation Number 3 of 2018 concerning the Administration of Cases in Electronic Courts. service needs that are easier, cheaper, and more efficient. This service requirement is difficult to achieve without the support of information technology. Especially during a pandemic like now, the presence of PERMA is expected to be one of the answers to several problems faced by the community.The formulation of the problem in this study is what is the legal basis for the application of e-court by advocates in the settlement of civil cases in the general court in the city of Samarinda and how is the application of e-court by advocates in the settlement of civil cases at the Samarinda District Court. The type of research conducted by researchers is research that uses empirical juridical research methods where researchers can collect data through interviews.From the results of this study, it can be concluded that the e-court that occurred at the Samarinda District Court has met the effectiveness and is based on the law in a case that is more effective and efficient. Indicators of the effectiveness of e-court in this case can be seen from the fulfillment of a judicial institution that is simpler, faster, and cheaper when compared to the ordinary legal process. In litigation cases through e-court, both parties seeking justice and the court concerned get better benefits than litigation in the usual way, which can be seen from a simpler process, faster time so that from both cases the costs incurred are also more. spent. easier for justice seekers and also easier for advocates in the judicial process.Keyword : Justice System, E-Court, Samarinda District Court

TINJAUAN HUKUM TERHADAP PENINGKATAN PELAYANAN PASPOR RI DI ERA DIGITAL PADA KANTOR IMIGRASI KELAS I A TPI (TEMPAT PEMERIKSAAN IMIGRASI) SAMARINDA Agustina Agustina
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 This study discusses the legal review of how to improve passport services and efforts to improve passport services in the digital era at the Immigration Office Class I TPI (Immigration Checkpoint) Samarinda. As explicitly stated in Law Number 6 of 2011 concerning Immigration, a passport is one of the travel documents issued by the Government of the Republic of Indonesia which is intended for Indonesian citizens who wish to travel abroad, therefore, the Class I Immigration Office TPI (Immigration Checkpoint) Samarinda as one of the technical implementing units under the Directorate General of Immigration of the Ministry of Law and Human Rights of the Republic of Indonesia continues to innovate and improve passport services for the community. Through the Regulation of the Minister of Law and Human Rights of the Republic of Indonesia Number 08 of 2014 concerning Ordinary Passports and Travel Letters Like Passports, it shows that the provisions related to Indonesian passport services for the community have been implemented properly by the Immigration Office Class I TPI (Immigration Checkpoint) Samarinda, therefore growth in the quality and quantity of Indonesian Passport services at the Immigration Office Class I TPI (Immigration Checkpoint) Samarinda continues to increase in line with the duties and functions of the Immigration Office in general as well as the efforts made by the Immigration Office Class I TPI (Immigration Checkpoint) Samarinda in improving passport services Indonesia in the current digital era goes through 3 steps, including the Eazy Passport Service, SIMPATIK Passport Service and M-Passport Service, the three forms of services that have been provided by the Immigration Office Class I TPI (Immigration Checkpoint) Samarinda of course in line with the policy direction of using digital technology. which of course aims to realizing the effectiveness and efficiency of Indonesian passport services to the public Keywords: Immigration, Service, Passport

PENERAPAN SANKSI PIDANA TERHADAP MUCIKARI PROSTITUSI MENURUT KITAB UNDANG-UNDANG HUKUM PIDANA Bulan Agustina Nada
Journal of Law ( Jurnal Ilmu Hukum ) Vol 8, No 2 (2022): Journal of Law
Publisher : Universitas 17 Agustus 1945 Samarinda

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ABSTRACTIndonesian society is known as an ethical and moral religious society, but it cannot be denied that the problem is that there are still many crimes of pimps still rife. Pimping is an act of facilitating a person's obscene or adultery in exchange for money and making this act a livelihood. The act of pimping that deviates from the provisions of the law and has violated the norm is a criminal act.The type of research used in this paper is normative legal research with a law approach and several primary, secondary and tertiary legal sources.The act of pimping that facilitates obscene acts by other people with other people and profiting from obscene acts has been regulated in the Criminal Code, that the act of taking advantage of the obscene acts of a woman and making it a livelihood is a criminal act of pimping and whoever commits the crime of pimping will be subject to Article 296 and Article 506 of the Criminal Code in the form of a criminal sanction of imprisonment for a maximum of one year. The provisions for the crime of pimping are also regulated outside the Criminal Code, this aims to anticipate all types of actions in the process, method or all forms of exploitation that will occur.The factors that caused pimps to offer prostitutes services at guesthouses after the closure of lokalisasis were due to economic needs, because they were used to getting lots of money quickly and easily from taking advantage of offering the services of commercial sex workers, pimps carried out their actions in guesthouses in Pasuruan secretly. hide to earn money from peddling commercial sex workers.Keywords: application, criminal sanctions, pimping.

TINJAUAN YURIDIS PERATURAN DAERAH KABUPATEN KUTAI BARAT NOMOR 13 TAHUN 2017 TENTANG PENYELENGGARAAN PENGAKUAN DAN PERLINDUNGAN MASYARAKAT HUKUM ADAT TERHADAP HUKUM NASIONAL Ratna Sari
Journal of Law ( Jurnal Ilmu Hukum ) Vol 8, No 2 (2022): Journal of Law
Publisher : Universitas 17 Agustus 1945 Samarinda

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ABSTRACT Customary law or what can also be called customary law is a law that grows and lives in a community that aims to regulate the way of life of the community. Customary law that adheres to noble values and norms that has been passed down from generation to generation, which has survived and until now has an important role in the national legal order.The state recognizes the existence of Costomary law by including several articles regulating customary law in the 1945 Constitution of the State of the Republic of Indonesia and then relegating it in its derivative products to regional regulations.The problem raised in the writing of this law is how the position of Customary law in West Kutai District Regulation Number 13 Year 2017 Regarding the Implementation of the Recognition and Protection of Traditional Law Communities and what matters are regulated in these regional regulations that affect the enactment of Adat law in Kutai Regency West. This type of research is normative juridical research, library research with the problem approach used in writing this thesis is the statute approach.The birth of West Kutai Regency Regulation Number 13 Year 2017 Regarding the Implementation of the Recognition and Protection of Customary Law Communities is a form of local government support for the development and existence of customary law in West Kutai Regency to date as part of the national legal system. Keywords: customary law, regional regulations, national law

PENGUPAHAN DIBAWAH UPAH MINIMUM BAGI USAHA MIKRO KECIL DAN MENENGAH (UMKM) MENURUT PERATURAN PEMERINTAH NOMOR 36 TAHUN 2021 TENTANG PENGUPAHAN Salha Raafi Anggara
Journal of Law ( Jurnal Ilmu Hukum ) Vol 8, No 2 (2022): Journal of Law
Publisher : Universitas 17 Agustus 1945 Samarinda

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The results of the study show that legally it is emphasized that employers/companies are prohibited from paying wages lower than the minimum wage, but there are exceptions to the minimum wage provisions, the exception to the minimum wage only applies to micro businesses and small businesses, not to medium enterprises. Micro and small businesses in question must meet the criteria set by law, with the condition that the wage value must be above 50% of the average consumption rate at the provincial level and above 25% of the poverty line at the provincial level. For entrepreneurs/enterprises (excluding micro and small businesses) and workers/laborers who have entered into work agreements/agreements, in particular, the value of the wages stipulated in the agreement is lower than the stipulated minimum wage. Then the agreement is null and void by law and wage arrangements must be carried out under statutory regulations. Wages are an absolute right for workers that must be met by employers. One of the wage problems that exist in Indonesia is related to the minimum wage, namely that there are still many workers/laborers who earn wages below the minimum wage provisions, including workers in the Micro, Small, and Medium Enterprises (MSMEs) sector, there are still many entrepreneurs in the MSME sector who base their the wage standard for workers is based on the financial capacity of the business, excluding the provisions of the minimum wage scale.The type of research used in this paper is a type of normative legal research or library law research with a statutory regulation approach. Abstract

PENERAPAN SANKSI PIDANA TERHADAP PENAMBANG BATU BARA ILEGAL MENURUT PERATURAN DAERAH NOMOR 12 TAHUN 2013 TENTANG PERTAMBANGAN MINERAL DAN BATU BARA DI WILAYAH KOTA SAMARINDA Muhammad Rizal
Journal of Law ( Jurnal Ilmu Hukum ) Vol 8, No 2 (2022): Journal of Law
Publisher : Universitas 17 Agustus 1945 Samarinda

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ABSTRACT Illegal mining is a mining business carried out by individuals, groups of people, or foundation companies with legal entities which in their operations do not have permits and government agencies in accordance with applicable laws and regulations. One area that has the potential for rock mining is Samarinda City, with the abundance of rock mining potential in Samarinda City attracting investors to invest in Samarinda City. However, there are also parties who carry out rock mining without fulfilling the procedures set by the government with various factors, such mining is called illegal mining. This writing uses the legal basis of Regional Regulation No. 12 of 2013 concerning minerals and coal and this research uses a normative method. Data sources consist of secondary data consisting of books, journals, laws and regulations related to research problems, data collection techniques are carried out by conducting document studies which are information data, scientific writings. This study uses the problem formulation: How is the application of illegal mining sanctions to the Samarinda City Regional Regulation Number 12 of 2013 concerning mineral and coal mining within the Samarinda City area and what are the government's efforts in dealing with illegal mineral and coal mining within the Samarinda City area which resulted in this research. may be imposed on the perpetrators of illegal coal mining in accordance with Article 90 of Regional Regulation Number 12 of 2013 concerning Coal Mineral Mining in the City of Samarinda, namely those who violate the provisions of the mineral and coal mining management permit as regulated in this regional regulation shall be punished with imprisonment for a maximum of 10 (ten) year and a fine of Rp. 10,000,000,000, - (ten billion rupiah). The Regional Government of Samarinda City through law enforcement officials and related agencies needs to be more serious and firm in terms of law enforcement against all legal coal mining activities in Samarinda City, If illegal coal mining activities continue to be carried out without proper supervision and management, it will cause severe pollution and environmental damage, of course this will result in losses to the people of Samarinda City. Keywords: Illegal Mining, Criminal

PERANAN LEMBAGA BANTUAN HUKUM JARINGAN ADVOKASI MASYARAKAT BORNEO DALAM MEMBERIKAN BANTUAN HUKUM BAGI MASYARAKAT TIDAK MAMPU Muhammad Ramadhani Asni
Journal of Law ( Jurnal Ilmu Hukum ) Vol 8, No 2 (2022): Journal of Law
Publisher : Universitas 17 Agustus 1945 Samarinda

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ABSTRAKSkripsi ini membahas tentang Pemberian Bantuan Hukum Terhadap Masyarakat Tidak Mampu Yang Dilakukan Oleh Lembaga Bantuan Hukum Jaringan Advokasi Masyarakat Borneo. Pokok permasalahannya adalah bagaimana peran Lembaga Bantuan Hukum Jaringan Advokasi Masyarakat Borneo dalam pemberian bantuan hukum terhadap masyarakaat yang tidak mampu, bagaimana kendala yang dihadapi Lembaga Bantuan Hukum terhadap masyarakat yang tidak mampu Jenis penelitian yang digunakan penulis adalah kualitatif kemudian dipaparkan secara deskriptif dengan menggunakan pendekatan penelitian yuridis sosiologis artinya suatu penelitian yang dilakukan terhadap keadaan nyata masyarakat atau lingkungan masyarakat dengan maksud dan tujuan menemukan fakta yang kemudian menuju pada identifikasi dan pada akhirnya menuju kepada penyelesaian permasalahan. Hasil penelitian menunjukkan bahwa Peran Lembaga Bantuan Hukum Jaringan Advokasi Masyarakat Borneo dalam pemberian bantuan hukum terhadap masyarakat yang tidak mampu yaitu dengan memberikan bantuan kepada para pencari keadilan bagi masyarakat dalam bentuk Litigasi dan Non Litigasi. Litigasi dalam lingkup pengadilan serta, non litigasi dalam lingkup non pengadilan tanpa biaya atau Prodeo. Kendala yang dihadapi Lembaga Bantuan Hukum Jaringan Advokasi Masyarakat Borneo dalam pemberian bantuan hukum terhadap masyarakat yang tidak mampu yaitu; minimnya pengetahuan tentang eksistensi dan peranan Lembaga Bantuan Hukum Jaringan Advokasi Masyarakat Borneo, anggapan masyarakat bahwa Lembaga Bantuan Hukum Jaringan Advokasi Masyarakat Borneo berbayar, terbatasnya sumber daya manusia di Lembaga Bantuan Hukum Jaringan Advokasi Masyarakat Borneo, kurangnya dukungan pemerintah, Lembaga Bantuan Hukum Jaringan Advokasi Masyarakat Borneo belum terakreditasi sehingga belum mendapatkan bantuan dana dari pemerintah sehingga dana yang digunakan menjadi dana pribadi.Kata kunci : LBH JAMB,masyarakat kurang mampu,Inplementasi.

TINJAUAN YURIDIS TERHADAP HAK PEKERJA LEPAS DI PIZZA HUT S. PARMAN SAMARINDA DALAM PERSPEKTIF HUKUM POSITIF Putri Febriani
Journal of Law ( Jurnal Ilmu Hukum ) Vol 8, No 2 (2022): Journal of Law
Publisher : Universitas 17 Agustus 1945 Samarinda

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ABSTRACTPolicies in the field of manpower in the national development program are always endeavored to create as many job opportunities as possible in various fields. The working relationship between workers and employers themselves must be based on an agreement so that the rights and obligations of each party can be guaranteed. At this time many companies use freelance workers to support the company's business. The problem in this study is the implementation of the agreement and protection of the rights of freelancers using a work agreement for a certain time, in which workers' rights are limited, there is no balance between the rights and obligations of freelancers according to Law Number 13 of 2003 concerning Manpower. The research objective is to analyze the rights of freelance workers in Indonesian positive law. This type of research is normative juridical which is library research and uses a statutory and conceptual approach. Through literature study researchers collect documents and data to be processed using content analysis methods. The results of the study concluded that the impact of intense business competition stemming from global economic developments made companies change their business management structure by reducing management control, one of which was by implementing the practice of using freelance workers for companies to reduce production costs. With the management of the use of freelance workers that has been going on, it does not guarantee the labor rights they should get, especially in terms of remuneration carried out by certain companies. Legal protection for casual workers in Indonesia is regulated in Law Number 13 of 2003 concerning Manpower. One of the reasons for the birth of Law Number 13 of 2003 concerning Manpower is that several laws and regulations that have been in effect so far place workers in a disadvantageous position in the workforce placement service and industrial relations system which highlight differences in position and interests so that they are seen as having no longer in accordance with the needs of the present and the demands of the future. As well as obtaining the right to obtain equal opportunities and treatment without discrimination. Keywords: Freelance Workforc, Law Enforcement, Legal Protection, Positive Law.

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Contact Name
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Contact Email
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Journal Mail Official
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Location
Kota samarinda,

Kalimantan timur

INDONESIA