DEDIKASI JURNAL MAHASISWA
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TINJAUAN YURIDIS TERHADAP PENGADAAN TANAH BAGI KEPENTINGAN UMUM DI KOTA SAMARINDA BERDASARKAN UNDANG-UNDANG NOMOR 2 TAHUN 2012 TENTANG PENGADAAN TANAH BAGI PEMBANGUNAN UNTUK KEPENTINGAN UMUM
Full text linkAbstractLand acquisition for public use often experiences problems in the procurement process. The problem is that on one hand, the need for land in the context of development is so urgent while on the other hand the land supply is limited. This study aims to determine the suitability of land acquisition for public use in Samarinda City with Law Number 2 of 2012 concerning Land Procurement for Development in the Public Interest, and suitability of awarding compensation to holders of land rights with Law Number 2 of the Year 2012 concerning Land Procurement for Development in the Public Interest. This type of research used in the writing of this law is empirical juridical research which in essence examines the applicable legal provisions and what happens in the reality of society. The research approach used is descriptive which aims to provide a specific description or explanation of the state of the object or problem under study. The results of the study concluded that land acquisition in samarinda city not in accordance with applicable legal provisions in this case Law Number 2 of 2012 concerning Land Procurement for Development in the Public Interest because there are still obstacles that are often faced by the City Government of Samarinda. In case compensation is in accordance with Law No. 2 of 2012 concerning Land Procurement for Development in the Public Interest. Howiver, there are still disadvantaged citizens because the value of compensation is not sufficient for economic needs, as well as unpaid compensation
TINJAUAN HUKUM TERHADAP KONTRAKTOR PENAMBANG BATU BARA DAN KONTRAKTOR REKLAMASI DALAM PELAKSAAN REKLAMASI LAHAN PASCA TAMBANG DI KOTA SAMARINDA
Full text linkABSTRACTAgreements 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 Sanction
TANGGUNG JAWAB PENERIMA KUASA JUAL MENGACU PADA AKTA KUASA JUAL DIBUAT OLEH NOTARIS DALAM HAL PERALIHAN HAK ATAS TANAH
Full text linkABSTRACTThe power to sell, is included in the category of power that is used to transfer the object that can only be done by the owner. Therefore, for the power of attorney to sell, a power of attorney is required in the presence of express words in the act. In practice, there are still found power recipients who do not directly complete the tasks given by the Authorizer. Even the power of attorney exercises the power of attorney within a period of time long after the power of attorney is signed by both parties. The problem raised in this paper is how the responsibility of a power of attorney in the transfer of land rights and what are the legal constraints of the power of attorney in the process of transferring land rights by using a sales authorizationThis type of research is normative juridical research, library research with the problem approach used in writing this thesis is the statute approach.The results showed that the responsibility of a power of attorney is to be based on the power of attorney that he has made and must immediately implement the power granted by the power of attorney and the constraint of the power of attorney in the process of transferring land rights by using a power of attorney ie selling a power of attorney not made notaryly but under the hand, incapable of accepting power of attorney, authorization of more than one person so that must require the agreement of all the power of attorney. Keywords: responsibility, power of attorney, land rights part
PROBLEMATIKA PELAKSANAAN UNDANG-UNDANG NOMOR 13 TAHUN 2003 TENTANG KETENAGAKERJAAN TERHADAP PERJANJIAN KERJA WAKTU TERTENTU DI PT. GRAHA MANDALA SAKTI
Full text linkABSTRACTEdi Hartono. "Problems in the Implementation of Law Number 13 Year 2003 concerning Employment Against Certain Time Work Agreements at PT. Graha Mandala Sakti "under the guidance of Ms. Isnawati, SH., M.H as I and Mr. Dr. H. Ismail, SH., M. Hum as II counselorWork agreement is one form of agreement to carry out work as referred to in Article 1601 of the Civil Code. In Article 50 of Law Number 13 of 2003 concerning Manpower, it is stated that labor relations occur because of the existence of work agreements between employers and workers / laborers. Specific Time Work Agreement (PKWT) is a work agreement that has a validity period determined or referred to as a contract employee.The purpose of this study is to find out how the implementation of a certain time work agreement (PKWT) at PT. Graha Mandala Sakti. The type of research used in this study is empirical research where this research is carried out by looking at and gathering all information related to the reality in the implementation of practice in the field.The results of this study are the application of a certain time work agreement (PKWT) in work relations at PT. Graha Mandala Sakti has not been effective in accordance with applicable regulations. The company has ignored the maximum deadline permitted by Law Number 13 of 2013 concerning Labor concerning the period of PKWT. The first factor is that most types and characteristics of the work needed are jobs that are included in the core work of the production process and are permanent and the second factor is the omission of the provisions of the PKWT in employment relations, which according to the authors are caused by very loose government oversight of the reality on the ground. Keywords: Implementation of PKW
PERJANJIAN PRA NIKAH DALAM PRESPEKTIF HUKUM ISLAM
Full text linkAbstractMarriage is a spiritual bond between man and woman as husband and wife to form a happy and eternal family based on the Godhead of the Almighty. Premarital agreements as regulated in Law Number 1 of 1974 concerning Marriage and Compilation of Islamic Law Inpres Number 1 of 1991 can be used as a legal tool to protect the rights and obligations of husband and wife when married life takes place. This study examines the existence of a prenuptial agreement according to Islamic law, the terms and procedures of a prenuptial agreement according to Islamic law, and the legal consequences arising from a prenuptial agreement according to Islamic law. This type of research used in this paper is a type of normative legal research using the law approach (statute approach). The results of research and discussion determining the existence of pre-marital agreements in Islamic law are permissible. The existence of a prenuptial agreement is expected to assist husband and wife in increasing their understanding and awareness of their obligations and rights. The requirement to implement a prenuptial agreement in Islamic law is that the substance must not violate applicable legal and religious provisions. The procedure for implementing prenuptial agreements under Islamic Law is carried out in the Office of Religious Affairs in each region. The legal consequences arising from the prenuptial agreement according to Islamic law, namely the parties involved are bound and obliged to carry out the agreement.Keywords: Marriage agreement, Islamic la
GUGURNYA PERJANJIAN JUAL BELI AKIBAT KELALAIAN SALAH SATU PIHAK
Full text linkABSTRACTAgreement in general, the sale and purchase agreement is one source of the birth of an agreement between the parties that bind them as befits the binding capacity of the law (article 1338 paragraph 1 of the Civil Code). Therefore, all rights and obligations arising from the agreement must be fulfilled by both the seller and the buyer. It's just that sometimes in practice one of the parties in a sale and purchase agreement does not fulfill the achievement that has been promised so that according to the law he is deemed to have deviated from the agreement which will result in a risk that results in doubts from the other party. That is why the law stipulates various sanctions that can be imposed on parties who have defaulted. However, sometimes problems arise or difficulties in determining when actually one of the parties can be seen as the default. This difficulty will be felt if the agreement is not explicitly stipulated when the parties must fulfill the promised performance. Based on the aforementioned background, the writer is interested in expressing the cancellation of the sale agreement due to the negligence of one of the parties, then the writer formulates the problem as follows: 1). What are the conditions for the termination of the sale agreement due to the negligence of one of the parties? 2) What is the legal risk from the termination of the sale and purchase agreement due to negligence of one of the parties according to the Civil Code? It can be concluded as follows: 1). That the sale and purchase agreement has been deemed to have taken place and is binding on the parties from the moment the agreement was reached and hence the rights and obligations arising from them for agreements in this form constitute a consensual and obligatory agreement. That an agreement can be seen as binding, if it fulfills the legal requirements of an agreement, namely subjective and objective conditions, then the sale and purchase agreement is null and void, meaning that it is considered to never exist. 2). What if one of the parties does not fulfill or deviate from the agreement or the sale and purchase agreement that is entered into, then legally it is deemed to have been negligent or he is treason (default) then it will be subject to these sanctions. Whereas sometimes in practice a sale and purchase agreement cannot be fulfilled by the debtor due to an event of the wrongdoing of one party, this condition is known as risk, according to the provisions of article 1460 of the Civil Code. If a risk arises, the risk is borne by the buyer even though the seller has not yet surrendered the goods. Keywords: Agreement, Buy and Sell, Negligenc
PENANGANAN TINDAK PIDANA PENGGELAPAN DANA PERUSAHAAN BERDASARKAN PASAL 374 KUHP DI POLRES KOTA SAMARINDA
Full text linkAbstractCrime as a social phenomenon that occurs on earth may never end. Crime is a complex phenomenon that can be understood from many different sides. That is why in everyday life we can see various comments about a crime that is different from one another.Embezzlement is included in the section of crimes regulated in the Criminal Code (book two) Articles 372-374. Embezzlement is a type of crime against property. Crimes that occur in social life are a phenomenon that continues to be in the spotlight. Talking about the emergence of embezzlement, it cannot be separated from the causes of the evil itself. Keywords: Crime. Embezzlemen
PROSES PEMBERIAN PINJAMAN KREDIT MODAL KERJA DARI PT. BANK RAKYAT INDONESIA CABANG SAMARINDA UNIT ABDUL WAHAB SYAHRANI
Full text linkABSTRACT Lending is one of the bank's business activities related to channeling bank funds to the public that can be used by business actors to develop and enlarge their businesses both directly and indirectly can help the distribution of public income. In the implementation of the process of lending and borrowing working capital loans provided by banks, there have been many problems that arise, namely data and requirements that are incomplete or the data provided is not in accordance with the requirements. Then in the implementation of credit problems can occur such as problem loans or bad credit.This study uses a type of normative legal research that is a legal research method carried out by examining mere literature or secondary data using the Law and Concept approach.The results of the study stated that the Process of Providing Credit in Providing Working Capital Loans from PT. Bank Rakyat Indonesia Samarinda Branch Unit AW. Syahrani according to Law Number 10 of 1998 has the following steps: Fill out the Loan Submission Form, Complete the loan conditions, BI Cheking (checking good or bad customer history), Interview, Survey of feasible / unsuitable business places, Credit analysis , Preparation of credit agreements, Signs of debt recognition letters and other agreements and Realization of credit (disbursement of funds) while Efforts Made by PT. Bank Rakyat Indonesia Samarinda Branch Unit AW. Syahrani in Overcoming Non-Performing Loans is by way of Restructuring Credit, Billing With the Assistance of Third Parties, Direct Billing By Bank Officers and Special Policy To the Debtor Keywords: Provision of Credit, Working Capita
TUNTUTAN GANTI RUGI ATAS TANAH YANG DIGUNAKAN UNTUK KEPENTINGAN UMUM DALAM MEMBANGUN WTP (WATER TREATMENT PLANT) DI PENGADILAN NEGERI TENGGARONG
Full text linkABSTRACTThe process of land acquisition will never be separated by the existence of compensation issues. The deliberative mechanism which should be a means to find a middle ground in determining the amount of compensation often does not reach an agreement and hence for reasons of public interest, the government through the land acquisition committee can unilaterally determine the amount of compensation and then entrust it to the local district court. Land acquisition for the construction of WTP (Water Treatment Plant) is in the public interest.The problem examined in this study is how is the implementation process of the release of land rights for the construction of the WTP (Water Treatment Plant) and settlement of compensation for the land that has been carried out for the construction of the WTP (Water Treatment Plant). The method used in this study uses normative juridical research methods.The results of the study indicate that the legal arrangements regarding land acquisition for the public interest in the construction of the WTP (Water Treatment Plant) must be carried out by releasing land rights by providing compensation directly and through stages: determining the location, counseling, setting the boundaries, announcing the results, deliberation setting price, compensation, waiver. The government should provide compensation to the landowner in advance.Keywords: Compensation, Development, Public Interest
PERLINDUNGAN KONSUMEN TERHADAP PEREDARAN OBAT TRADISIONAL BERBAHAN KIMIA DI KOTA SAMARINDA DITINJAU DARI UNDANG-UNDANG NOMOR 8 TAHUN 1999 TENTANG PERLINDUNGAN KONSUMEN
Full text linkAbstract Consumer protection is not only an individual problem, but it’s actually a common problem and national problem because basically everyone is a consumer. Meanwhile, protecting consumers is a matter of national law as well. Basically, talking about legal protection to consumers means we also talk about justice for everyone. In this modern era free trade tends to result in circulating goods and services that do not necessarily guarantee the security, safety and health of consumers. This condition is due to the condition of consumers who are on the weak side in dealing with business actors. This is because the level of consumer awareness and knowledge is still very low. One such business actor is a traditional drug manufacturer which neglects the health of consumers from the products they produce by adding chemicals that can be seen with the absence of a permit from BPOM. The purpose of this study is to determine the legal protection obtained by consumers against the circulation of traditional medicines made from chemicals and to determine the role of the Food and Drug Supervisory Agency to protect consumers against the circulation of traditional medicines made from chemicals in Samarinda City. This study uses empirical normative research methods with the problem approach used in this study is the statutory approach (statue approach) is a research that prioritizes legal material in the form of legislation as a basic reference in conducting research. Based on the results of the research it can be seen that the legal protection for consumers against the circulation of traditional medicines made from chemicals can be seen from article 4 of the Constitutuion Consumer Protection act states that Consumers are entitled to the right to comfort, security and safety, and the right to obtain correct, clear information, and be honest about the conditions and guarantees of goods and / or services. The role of BPOM to protect consumers against the circulation of traditional medicines made from chemicals is that BPOM has the right to withdraw traditional medicines made from chemicals from marketing and business operators may be subjected to administrative sanctions.Keywords : costumer protection, traditional medicine, and BPOM.