DEDIKASI JURNAL MAHASISWA
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KEDUDUKAN AKTA NOTARIS YANG DIANGGAP TIDAK MEMILIKI KEKUATAN HUKUM SAH ATAU BATAL DEMI HUKUM
Full text linkABSTRACTThrough an authentic deed thatclearly defines rights andobligations guarantee legalcertainty, and at the same time it ishoped that disputes can be avoided.In the dispute resolution process, thean authentic deed which is the strongestand most fulfilled written evidencegives a real contribution to thesettlement of cases cheaply andquickly. In a juridical sense, the proof isonly needed in a case before theThe court, be it a civil or criminal case,thus, if there is no dispute, the proofis not necessary. In this research, thethe writer will discuss the problemregarding, What is the responsibilityof a notary as a General Officer fornotary deeds as evidence which isconsidered invalid or legally flawed?Where the purpose of this research isto find out how the responsibility ofthe notary as a general office to thenotary deed as evidence which isconsidered invalid or legally flawed.In writing this research, the juridicalnormative approach is used, whichfocuses on literature research thatdescribes secondary data, namelyprimary legal materials in the formof laws and regulations, secondarylegal materials such as books andscientific papers are written by legalexperts and related to the topic.research and tertiary legal materialsin the form of a Big IndonesianDictionary and a Legal LanguageDictionary. The scope of thisresearch is on issues related to thepower of proof of deeds, therefunctions and roles. This study aimsto investigate, discuss, describe andpresent a problemrelated to the power of proof of aNotary's deed. The problem raised inthis paper is entitled "POSITION OFNOTARY NOTARY NOT HAVELEGAL STRENGTH OR CANCELBY LAW". This study aims to answerquestions about the legalconsequences of the notary deed. Thetype of research used is juridicalnormative, namely researchconducted based on legal materialsand by collecting data, studyingbooks in the library and the laws andregulations related to this research..Keywords: Deed, Notary, Evidence
PENGGUNAAN JASA DEBT COLLECTOROLEH PIHAK BANK DALAM PENAGIHAN KREDIT MACET PADA KARTU KREDIT
Full text linkABSTRACTPayment using a credit card will charge a very high interest. The interest is very high, causing many people who can not pay their debts to the bank so it requires a great effort for the bank to collect credit card debt. To collect the debt, the Bank can use various methods even the bank is not reluctant to hire debt collector servicesThe type of research the author uses is Normative legal research. Normative Legal Research (normative juridical) is a legal research method carried out by examining mere literature or secondary data.The results of the study stated that based on the results of research conducted by the author of Bank CIMB NIAGA Cab. Kutai Kartanegara can be concluded that the use of debt collectors by banks in the use of bad credit on credit cards by using threats and even violence against customers can be categorized as a crime in the perspective of criminal law. Namely with Article 310 in conjunction with Article 335 paragraph (1) and jo Article 170 of the Criminal Code and the conditions for the use of debt collector services by banks in the collection of bad credit on credit cards according to applicable regulations is if the quality of credit card bills has entered into doubtful or bad collectibility. , Billing of other parties is done in a way that is not violating the law and In a cooperation agreement between the issuer & other parties to collect credit card transactions, it must contain a clause concerning the issuer's responsibility for any legal consequences of the cooperation of other parties.Keywords: Credit, Loss, Debt Collecto
TINDAK PIDANA PEDOFILIA DITINJAU DARI PERSFERKTIF PERLINDUNGAN ANAK DI KOTA SAMARINDA
Full text linkABSTRACT Pedophilia is a sexual activity carried out by adults against minors, pedophilia perpetrators are currently experiencing an increase in violence against children, which also leads to the death of the victims. Not to mention other pedophile behaviors that were exposed to court, which made parents even more worried that the dangers of pedophilia were so easy to threaten the lives of each of their children.Legal sanctions against pedophiles are stipulated in Law Number 17 of 2016 concerning the second amendment to Child Protection, providing fresh air for the Indonesian people. This is because, in this law, it provides heavier and more sinister sanctions for perpetrators of sexual crimes in this law that guarantees that the perpetrators do not get a law that is too light in this law also talks about the protection of the form that can be provided to child victims of crime, including victims of pedophilia, among others: Counseling, Services, Medical Assistance, Legal Aid, Supervision, Prevention.Efforts to protect children need to be continuously strived for in order to maintain the welfare of children, considering that children are one of the valuable assets for national development in the future.Keywords: Pedophilia, Sanctions, Child Protectio
TINJAUAN YURIDIS TENTANG PENYELESAIAN SENGKETA HARTA WARIS MELALUI PERDAMAIAN
Full text linkABSTRACTIndonesian inheritance law is still pluralistic in nature, meaning that there is no unified inheritance law that can be applied comprehensively to Indonesian society. Inheritance law in Indonesia currently applies three systems of inheritance law, namely Islamic inheritance law, civil inheritance law, customary inheritance law. Of the three legal systems that regulate inheritance, of course, they have different sources of law from one another. Inheritance is a method of settling legal relations in society, which creates more or fewer difficulties due to the death of a person. In general, this study aims to determine the legal rules regarding the distribution of inheritance according to KHI, and the procedure for settling inheritance disputes through peace. This research method used is normative juridical. This conclusion shows that the law of inheritance in the compilation of Islamic law (KHI) article 171 point (a) is: the law that regulates the transfer of ownership of inheritance (tirkah) heirs, determines who has the right to become heirs and how much of each.Keywords: Inheritance, Peac
IMPLEMENTASI PERATURAN WALIKOTA SAMARINDA NOMOR 43 TAHUN 2020 TENTANG PENERAPAN DISIPLIN DAN PENEGAKAN HUKUM PROTOKOL KESEHATAN SEBAGAI UPAYA PENCEGAHAN DAN PENGENDALIAN CORONA VIRUS DISEASE 2019 (COVID-19) MENGENAI PENGGUNAAN MASKER DI KOTA SAMARINDA
Full text linkABSTRACK This extraordinary incident originated from a case of pneumonia caused by a virus from the Corona Virus extended family, but this virus has never been known before so it is referred to as a new type of Corona or Novel Coronavirus.This research is empirical juridical research. Empirical legal research is a legal research method that functions to be able to see the life of the law in a real sense and to examine how the law works in a society.Masks are used to avoid exposure to the Corona Virus that is hitting Indonesia, including Samarinda City so that the number of people exposed to this virus can be reduced. Mayor Regulation Number 43 of 2020 regarding health protocols including the use of masks was socialized by the Samarinda City Covid-19 Handling Task Force through word of mouth, social media, seminars, through printed media such as distributing pamphlets, banners and creating a Covid-19 Handling Task Force team at the sub-district, sub-district, to the RT / RW levelThere are 5 factors that influence law enforcement. However, the factors of the community that make the implementation of Mayor Regulation Number 43 of 2020 are hampered because there are still people who do not use masks. This is proven by the fact that people feel lazy to use masks when traveling to nearby places and wearing masks can hinder the activities of the community itself. This is what causes the people of Samarinda City to still not wear masks. Keywords : Implementation of Samarinda Mayor Regulation. Health Protocol for the Use of Mask
PENERAPAN PAJAK PROGRESIF TERHADAP PEMILIK KENDARAAN BERMOTOR DITINJAU BERDASARKAN UNDANG-UNDANG NOMOR 28 TAHUN 2009 TENTANG KETENTUAN TARIF PAJAK PROGRESIF
Full text linkABSTRACT The tax is applied progressively on the ownership of private vehicles both two or more wheels or four or more wheels with the same name of the owner and/or residential address. Progressive taxes are imposed to provide the principle of fairness in tax imposition. Indirectly, the acquisition of this tax is used to improve transportation facilities and develop public transportation. In addition, this progressive policy is also aimed at curbing the growth rate of motor vehicle consumption. In carrying out regional autonomy, local governments have the right, authority, and obligation to take care of their own government or society specifically in implementing the Decentralization policy. The basis of the implementation of motor vehicle taxation is Law No. 28/2009 concerning regional taxes and regional user fees. To increase PAD (Regional Original Revenue), local governments must maximize their progressive tax collection policies for motor vehicle ownership. So it can be concluded 1). The application and implementation of Progressive Tax in Bandung are guided by Regional Regulation No. 13 of 2011 concerning Regional Taxes, effective on January 1, 2012, which also regulates the taxation of vehicle ownership by taxpayers of more than 1 (one) unit. Implementation of progressive fee collection on 4 (four) wheeled and 2 (two) wheeled motorized vehicles applies the calculation, namely: to ownership. First 1.75%, Second 2.25%, Third 3.75%, Fourth 3.25%, Fifth 3.75% Ownership of motor vehicles for the determination of progressive motor vehicle tax based on the same name and/or address. 2). Factors affecting the implementation of progressive taxes on motor vehicle owners are reviewed based on Act Number 28 of 2009 concerning Progressive Tax Rates: a). Service Quality, b). Tax Paying Awareness, c). Knowledge of Taxation Regulations, d). Understanding of Taxation Regulations e). Perception of the Effectiveness of the Taxation System f). Quality of Service Against Taxpayers, g). Willingness to pay taxes.Keywords: Progressive Tax, Tax Rates, Motorized Vehicle
PENEGAKAN HUKUM TINDAK PIDANA DALAM PASAL 310 UNDANG-UNDANG NOMOR 22 TAHUN 2009 OLEH PENYIDIK SATUAN LALU LINTAS POLRES KUTAI TIMUR
Full text linkAbstractTraffic violations are a problem that often occurs on the highway. In cases of traffic violations, in general there is no element of intent, only the element of neglect. Due to his negligence or negligence, the actions of the traffic violation perpetrator can cause the victim to fall and can cause death to the victim Almost all accidents due to human factors are preceded by violations of traffic signs or regulations. The legal consequences due to the negligence of a person who commits a traffic violation causing an accident are clearly regulated in Article 310 of Law Number 22 of 2009. The process of investigating criminal acts of Article 310 of Law Number 22 of 2009 by Traffic Unit Investigators of the East Kutai Police, namely: (1) notifying units in the field to pursue, intercept and arrest, (2) search and collect information from victims and/or witnesses, (3) research the evidence at the TKP, (4) identify types of accidents traffic, (5) shooting crime scenes and evidence, (6) informing the Control Center for the Information and Communication System for Traffic and Road Transportation and operational units, (7) inspections at places thought to be used to change the identity of the vehicle and/or hiding the vehicle if the perpetrator runs away; (8) blocking Motorized STNK, and (9); submission of evidence to the forensic laboratory. Obstacles in the law enforcement process against Article 310 of Law Number 22 Year 2009 by the East Kutai Police Traffic Unit investigators, from: (1) internal factors, the limited number of Polri personnel, and the number of unsupportive facilities, and (2) external factors is the difficulty in determining and calling witnesses for questioning. Keywords: Crime, Investigators,Law Enforcement, Traffi
PERLINDUNGAN HUKUM BAGI ANAK YANG LAHIR DARI PERKAWINAN SEDARAH (INCEST)
No full textABSTRACTSocially incest marriage is often found in the community, this is evidenced by the many reports in the media such as electronics, print media, and online articles. Based on the above reality, it is fitting to have a deeper discussion in analyzing the position of children resulting from incest marriages in the Indonesian Civil Law and Marriage Law to determine the extent of the status of the child and the inheritance problem of a child born because of incest marriages before the law in force in this country.This type of research used in this study is a type of normative legal research, which is a legal research method that uses a statutory approachThe results showed that the granting of protection to children in civil law regulates the rights of their citizens. Children are like adults as members of society, children also get rights. However, children cannot protect their rights like adults, therefore adult assistance is needed to take care of their rights. Therefore child protection is very important. Status or Position of Children of Incest according to the Indonesian Criminal Code, Marriage Law and Compilation of Islamic Law are as follows: According to Indonesian marriage law, namely Marriage Law, Islamic Law Compilation or KUHPdt, the status or position of children has divided into two namely legal children and illegitimate children Discordant children are children of fathers and mothers who cannot be married because of the close family ties between father and mother. Such children, by article 867 K UH Civil, have no right at all to inheritance from their parents and as much as possible only get enough income to live (het nodige / evensonderhoud). the article was reinforced by article 283 of the Civil Code which prohibits the recognition of such children Keywords: Legal protection, Marriage, Inces
PENERAPAN HUKUM TERHADAP PELAKU TINDAK PIDANA PENGANIAYAAN YANG MENGAKIBATKAN LUKA BERAT DI PENGADILAN NEGERI SAMARINDA
Full text linkABSTRACTIONMaltreatment is a form of action that can harm other people, namely towards physicality. One of them is that it can cause serious injury or can even cause the loss of a person's life. These actions occur due to factors including uncontrolled community behavior due to low levels of education and environmental influences, poor association which ultimately results in disputes both personal and group. The problem raised in this study is how the application of criminal law to criminal acts of maltreatment that resulted in serious injuries in district court Samarinda and what is the legal consideration of judges in making decisions on crimes of persecution that resulted in serious injuries in district court Samarinda.The type of research used is normative juridical research, library research with the problem approach used in the writing of this thesis is the statute approach.The results showed that the application of criminal law in the case No.223 / Pid.B / PN.Smr was correct because the defendant's actions more fulfilled the elements of Article 351 paragraph (2) of the Criminal Code. And the legal considerations of the judge in making a verdict in criminal case No.223 / Pid.B / PN.Smr with three valid evidence, namely the victim's witness statement, the proof of the Visum at repertum and the statement of the defendant And the kayin judge because of it.Keywords: Law Application, Crime of Persecution, Serious Injur
TINJAUAN YURIDIS TERHADAP PERJANJIAN KEMITRAAN DALAM KITAB UNDANG-UNDANG HUKUM PERDATA
Full text linkABSTRACT“Juridical Review of the Partnership Agreement in Us Civil Law”. Advisor I, Dr. Irman Syahriar S.H., M.Hum and Advisor II Ms. Khairunisah S.H., M. H.Partnership agreements are agreements that are not listed in the Civil Code, but partnership agreements through the principle of freedom of contract in business activities because partnership agreements are often used in business activities, but sometimes the contents of partnership agreements are not in accordance with the principles in an agreement.The purpose of this study is to be able to know the legal review of the partnership agreement in the Civil Code and find out how the Judge's Analysis of the partnership agreement in court decisions.In this paper the author uses this type of research with a normative juridical approach method in which legal research is carried out by examining the literature or secondary data as a basis for research by searching for regulations and literature relating to the problem under study.The results of this study indicate that there were mistakes made by PT. TAKADELI INDONESIA to provide new partnership agreements to second parties or partners who work with PT. TAKADELI INDONESIA and in the contents of the new agreement there is content that makes Partner II feel disadvantaged and also the relationship between partner II and PT. TAKADELI INDONESIA is heating up so PT, TAKADELI is opening a bakery in Ambon where partner II is also opening outlets. The material experienced by Mitra II, in the decision of the Ambon District Court, stated that PT. TAKADELI INDONESIA is guilty and defeated and must pay moral and material losses suffered by Partner II in accordance with the contents of the decision. Keywords: Agreement, Partnership Agreement, Court decisio