Wajah Hukum (E-Journal, Fakultas Hukum Universitas Batanghari)
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Analisis Yuridis Penerbitan Surat Persetujuan Berlayar Mt. Sea Tanker Ii di Kantor Kesyahbandaran dan Otoritas Pelabuhan Batam
Get PDFMT. Sea Tanker II, which was going to docking to Surabaya, was hampered by its departure due to the non-issuance of a Sailing Approval Letter by the KSOP Batam Region, on the grounds that the owner MT. Sea Tanker II was reported by other parties regarding MT. Sea Tanker II at the Riau Islands Police. MT. Sea Tanker II has carried out its obligations to pay the fees for anchoring services, mooring services, guide-in services, and delay-in services, as well as completing the required documents for the issuance of the Sailing Approval Letter, but the Special KSOP Batam Region is not willing to issue the SPB for fear of being investigated by investigators from the Regional Police. Riau Islands. The actions taken were not in accordance with the KSOP authority contained in articles 207 and 208 point (g) of Law Number 17 of 2008 concerning Shipping, which states that KSOP Batam Region can only detain ships with a written order from the Court. This research is a legal research, namely the process of finding legal rules, legal principles, or legal doctrine in order to answer legal issues and analyze court decisions
Penyelesaian Perceraian Yang Dilakukan Di Luar Pengadilan Studi Kasus Di Desa Mudung Darat Kecamatan Maro Sebo Kabupaten Muaro Jambi
Get PDFRegarding the settlement of divorce outside the court, it is not something new, but there are many problems related to marriages that were carried out previously. According to the provisions of the marriage law, divorce should be carried out in a court session, and not outside the court session, This is what makes me interested in exploring divorce cases that are carried out outside of court, the impact of a divorce that is carried out outside of court, for the wife, especially not only on the wife's rights but also regarding the rights of children and joint property that they acquired during the marriage. not obtained by the wife and their children, if during the marriage they obtained children and property. However, the divorce carried out by this husband and wife couple is not the same as marriage in general, where the implementation of the marriage carried out by both parties is carried out in Mudung Darat Village, Maro Sebo District, Muaro Jambi Regency in a private manner or privately, and witnessed. by local traditional leaders, the divorce cannot be carried out in court, only traditional leaders can finalize the divorce from the couple, besides that the woman (ex-wife) does not get any rights at all towards her husband
Analisis Pemilihan Serentak Kepala Daerah 2024 Dalam Perspektif Negara Hukum Indonesia
Get PDFSimultaneous regional head elections, if seen at a glance, are a solution to the non-ideal nature of holding relatively large and repeated regional head elections, but if we look closely we can still discuss in detail the negative side of this policy. This is because there are some regional heads whose term of office must be reduced, thereby contradicting several legal norms (UU). In order to explore and discuss this problem, this paper uses a library research method with a conceptual and statutory approach, while the analysis is qualitative. The theory or teachings used as an analytical tool are theories, teachings about the concept of the rule of law. From several findings, it turns out that the policy of simultaneously electing regional heads has the potential to violate human rights and what is certain is that de facto regional heads whose terms of office have been reduced have been disadvantaged, treated unequally to other regional heads, thus the policy of simultaneously electing regional heads is not directly proportional to the enthusiasm and spirit of regional heads constitution
Pelaksanaan Pemberian Asimilasi terhadap Warga Binaan Pemasyarakatan di Rumah Tahanan Negara Kelas IIB Padang Panjang
Get PDFAssimiLation is the process of fostering CorrectionaL Assisted Residents and CorrectionaL Students which is carried out by mixing CorrectionaL Assisted Residents and CorrectionaL Students in community Life. This study discusses the impLementation of the provision of assimiLation to prisoners in the Padang Panjang CLass IIB State Detention Center. The issues raised how is the impLementation of the granting of AssimiLation Rights to CorrectionaL Inmates in the Padang Panjang CLass IIB State Detention Center and what are the obstacLes and efforts in impLementing the granting of AssimiLation Rights to CorrectionaL Inmates in CLass IIB Padang Panjang State Detention Center. The type of research used is empiricaL juridicaL research. Sources of data used are primary data and secondary data. The impLementation of the granting of the Right of AssimiLation to CorrectionaL FamiLies in CLass IIB Padang Panjang State Detention Center is in accordance with appLicabLe reguLations. However, there are stiLL a number of obstacLes in the procedure which are stiLL not effective, there is resistance from the community towards prisoners and chiLdren of correctionaL institutions. It is better if there is more sociaLization from correctionaL officers to the inmates so that they are interested in fuLfiLLing their assimiLation rights. There is sociaLization that is more motivating from correctionaL officers to inmates so that they are interested in fuLfiLLing their assimiLation rights so that they avoid new criminaL acts when assimiLation is given
Peraturan Desa dan Otonomi Desa Potret di Kecamatan Pemayung Jambi
Get PDFVillage regulations (Perdes) are often made haphazardly due to the problem of minimal human resources, making it difficult to know what the village wants in realizing village autonomy. Making Village Regulations a form of village autonomy needs to be more understood by village officials, the Village Consultative Body, and the village community. Village regulations manifest the village as a legal community unit with the right to regulate and manage its household. The difficulty in making Perdes is because the legislator must master several sciences, particularly the science of legislation, knowledge of local government, and knowledge of village administration and other sciences so that Perdes do not conflict with higher regulations and not conflict with the public interest. This writing aims to provide knowledge to village officials, the Village Consultative Body, and village communities to "literate Perdes" or have a sense of curiosity about Perdes, both in terms of authority and substance and procedures for making Village Regulations. The socialization method used is a simulation, Brainstorming, lecture, and question. In conclusion, Village Regulation Making Training must be carried out continuously because it requires knowledge and skills to understand the legal product's philosophical, sociological, and juridical aspects in the form of a Perdes. Second, the drafting of Perdes is an integral part of the administration of village, sub-district, and district government, so it is necessary to form a Perdes of Batanghari district related to the mechanism for making Perdes as a guideline for villages in exploring village potential
Penyampaian Akta Pemberian Hak Tanggungan Secara Elektronik Menurut Perspektif Perundang-Undangan Di Indonesia
Get PDFThe responsibility of the Land Office if there is a problem with the IT system or HT-el application is only technical responsibility by providing access to the PPAT/Bank as the creditor to communicate directly with the local Land Office employees in the Electronic Mortgage registration service section via the Whatsaap application and can also come by. go directly to the land office and Obstacles with PPAT are: 1). Corrections carried out by the Land Office on files that have been uploaded by PPAT often occur in a short time. 2). The HT-el application often experiences problems or server errors which usually occur during working hours. 3). Insynchronization between the physical data of the Certificate and the data in the Land Office's electronic system. 4). The certificate is not ready when it is uploaded, it has not been validated, it has not been deployed. 5). Banks as creditors need to always be reminded to immediately carry out the Mortgage Rights registration process. 6). HT-el services do not provide access to land that has not been certified and the obstacles for banks as creditors are: 1). Server errors often occur in Ht-el partner applications. 2). In the roya process, there is often a lack of synchronization between the roya records on the physical certificate and the records contained in the Land Office's electronic system. 3). In the Roya process, there are many processes that cannot be done with a computer, you have to use a cellphone first
Asas Proporsional dan Asas Itikad Baik dalam Perjanjian Waralaba
Get PDFThe purpose of the study to determine and analyze the urgency of the principle of proportionality and the principle of good faith in the franchise agreement, legal protection and minimization of problems. The problem of how the urgency of the proportional principle and the principle of good faith in the franchise agreement, then the proportional principle and the principle of good faith in the franchise agreement can be a solution in minimizing the problems posed by the franchise agreement and legal protection of the parties.the method used in this study is juridical normative. This research is based on treaty theory, justice theory, proportional principle in Treaty, legal protection. Legal issues the occurrence of ambiguity of norms, that based on Government Regulation No. 42 of 2007 on franchise has contained rules regarding clauses in the agreement clearly as many as 11 clauses that must exist but in the implementation of the standard agreement is an agreement made by one of the parties, causing problems in the future. the results showed that (1) the principle of proportionality and good faith is a unity in a system of checks and balances whose task is to encourage the creation of legal relations in a proportional contract.(2) the principle of good faith and the principle of proportionality in making a franchise agreement, can prevent losses that will be experienced by other parties and is able to minimize the problems that will be caused before the agreement,at the time of the agreement,and after the agreement
Analisis Yuridis Pengawasan Manifes Penumpang Untuk Mewujudkan Kelaiklautan Kapal (Studi Penelitian di Kantor Kesyahbandaran dan Otoritas Pelabuhan Khusus Batam)
Get PDFIn a maritime country like Indonesia, the role of shipping in the socio-economic life of the population is very important, the sea and ships are a unity of transportation systems at sea that cannot be separated, history proves the movement of trade and distribution of population with the use of human labor, starting from rowing boats, installing sails, to being driven by machines and we arrive at the term shipping for water transportation activities at sea, To be able to create shipping conditions as expected, every voyage must prioritize seaworthy conditions. The problem in this study is how to apply passenger manifest supervision to achieve ship seaworthiness, how to regulate passenger manifest supervision to achieve ship seaworthiness, and what factors hinder passenger manifest supervision to achieve ship seaworthiness. This research uses normative techniques (legal research) with sociological and descriptive research types to collect primary data through field research. Law Number 17 of 2008 concerning Shipping, which regulates the responsibility and authority of harbour master as one of the pioneers of shipping safety supervision, as well as seaworthiness standards for ships before obtaining sailing permits. The study's conclusion is that since governments are responsible for making and enforcing laws, they are expected to create specific laws and regulations that address the authority of law enforcement organizations at sea so that they can serve as a starting point for the prosecution of maritime offenses, streamline shipping, improve inter-agency surveillance, and safeguard the jurisdiction of waters
Fulfillment of The Rights of Accessibility to Population and Civil Registration for People with Disabilities
Get PDFThe objective of this study is to discover the legal position of the National ID number functioning as the primary identity that forms the basis for fulfilling citizens’ rights, including fundamental rights to health services and education for persons with disabilities. Also, to determine the innovation implemented by the Dinas Adminduk of Palu City to encourage public service fulfillment for persons with disabilities. This research is empirical legal research with statutory and conceptual approaches. This research concludes that the legal position of the National ID number functioning as the primary identity that forms the basis for fulfilling citizens’ rights has been legalized in the Regulation of The President of The Republic of Indonesia Number 83 Year 2021. This causes every Indonesian citizen to be mandatory to have an ID number to access public services, which leads to the fulfillment of the constitutional rights of citizens. SIMALEO BERGERAK, PELANGI in the District, and PELAYAN SEKSI are the innovations developed to help the citizens, especially persons with disabilities, to have an ID number. Therefore, the obligation to fulfill the constitutional rights of persons with disabilities can be carried out by the State
Analisis Hukum dan Kriminologi terhadap Fenomena Penyalahgunaan Zat Dextromethorphan dalam Obat Batuk di Manado
Get PDFThe phenomenon of dextromethorphan (dextro) abuse is rife in Indonesia. Several cases indicate the occurrence of this abuse. As an example of the case of dextro abuse that occurred in Manado, North Sulawesi, a woman with the initials IR (25), was found dead in a hotel room in Wanea sub-district, Saturday (09/05/2020) after consuming liquid cough medicine containing dextro. Dextro The phenomenon of abuse of dextromethorphan dextro) is rife in Indonesia. Several cases indicate the occurrence of this abuse. On Saturday (5/9/2020), a woman with the initials IR (25) was found dead in a hotel in Wanea District, Manado, North Sulawesi. His death was cited as an example of a case involving dextro abuse. Cough drops in liquid form containing dextrose should be taken indoors. Coughs are actually treated with dextroactive drugs, and the action of these substances is to suppress dry coughs. This is done in the medical field. This dextrorotatory chemical can be found in a variety of cough suppressants, including Komix DT, Vicks Formula 44 DT, Siladex Antitussive, and Bisolvon Antitussive. An empirical justice strategy was used to conduct this research. The data needed to compile this article are both quantitative and qualitative, and the data is based on primary and secondary sources of information. In general, the purpose of making drugs and the function of the drug itself is to treat various diseases that can affect humans and animals. However, it is often misunderstood by some for inappropriate purposes, such as dextromethorphan. If explored more deeply, dextromethazepam is included in the Class III Narcotics group in the Appendix to Law Number 35 of 2009 concerning Narcotics (Narcotics Law). It was given the name dextropropoxyphene and occupies the second position in the Class III group of narcotics. To achieve this goal, the existence of a legal rule that guarantees all of this, or in other words, the fact that humans are governed by law, is one of the tools or instruments that will be used to achieve this goal. However, in its implementation it is also necessary to pay attention to elements such as legal certainty where in this case the law must be made in written form, besides that it must also pay attention to the benefits in applying the law and finally what is arguably the most important, namely the law must pay attention to justice in its application