DEDIKASI JURNAL MAHASISWA
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TINJAUAN HUKUM PELAKSANAAN EKSEKUSI RIIL DALAM PUTUSAN PERADILAN PERDATA
Full text linkAbstract Execution is an obligation that must be carried out by the court based on a legal basis in accordance with Article 54 paragraph (2) of Law Number 48 of 2009 concerning Judicial Power which expressly stipulates that the implementation of court decisions in civil cases is carried out by the Registrar and the bailiff led by the Chairman. Court.It is necessary to increase socialization regarding the rules and or procedures for execution to the public so that the public can better understand that the theory of legal certainty is able to protect the interests and rights of the community, as well as increase compliance with the rule of law and respect for the rights of fellow citizens.For officials in the judiciary, it is necessary to increase understanding that the law must be enforced as well as possible in a balanced manner in protecting the interests of the parties so that the implementation of court decisions or executions must be maximized so that all justice-seeking efforts do not only win on paper but can be realized. in fact. Keywords: Execution. Court Decisio
PENERAPAN ASAS PRADUGA TAK BERSALAH DALAM PERKARA OPERASI TANGKAP TANGAN OLEH KOMISI PEMBERANTASAN KORUPSI DALAM PERSPEKTIF KUHAP
Full text linkABSTRACTThis scientific paper is the result of research as a final project in completing studies at the Faculty of Law of the University of August 17, 1945, Samarinda. normative juridical research, meaning that the research is conducted from materials, sources and legal doctrine with the formulation of the problem: 1) How the application of the principle of presumption of innocence in arresting operations by the Criminal Eradication Commission in the perspective of Law No. 8 of 1981 concerning the Law Code of Law Criminal Procedure (KUHAP)?, 2) What is the legal effect on the application of the presumption of innocence in an arrest operation by the Corruption Eradication Commission when it is not in accordance with Law Number 8 of 1981 concerning the Criminal Procedure Code (KUHAP) ?.The last few years Operation Arrest (OTT) by the Corruption Eradication Commission (KPK) has become the public spotlight of the Indonesian people and even the world, because the OTT conducted by the KPK does not look indiscriminately, from high-ranking officials to Regents and Mayors including Legislative Members and Law Enforcement Members Law, both Judges, Prosecutors, Court Clerks, and Advocates even high-ranking Police officers. On the other hand, the public gave an appreciation of the performance of the KPK on the other hand many questioned the performance of the KPK including OTT. These pros and cons inspire the author to conduct research on OTT by the KPK on the application of the presumption of innocence in the perspective of the Criminal Procedure Code.OTT by the KPK is not without legal basis, the KPK conducts OTT based on its duties and functions as regulated in Act Number 19 of 2019 concerning the Corruption Eradication Commission, and based on Article 1 number 19 and 18 paragraph (2) of the Criminal Procedure Code. Application of the principle of presumption of innocence can be applied within the framework of the actions of investigators, investigators, public prosecutors, ranging from appearances, detention, prosecution to court decisions that have legal force (Kracht van gewijisde), the principle of presumption of innocence is a manifestation of guarantees and legal protection individually by the State. Therefore, if there are law enforcers including the Corruption Eradication Commission (KPK) carrying out their duties and functions in violation of the presumption of innocence, that is, arbitrary arrests can be considered unlawful so that they can be pre-judged and considered as committing human rights violations.Keywords: Principles of Presumption of Innocence, Operation Arrest, Corruption Eradication Commission, Criminal Procedure Cod
IMPLEMENTASI PERATURAN WALI KOTA SAMARINDA NOMOR 51 TAHUN 2012 TENTANG KAWASAN TANPA ROKOK (KTR) PADA SEKOLAH MENENGAH PERTAMA (SMP) DI SAMARINDA
Full text linkAbstractAs a follow-up, the Minister of Education issued the Republic of Indonesia Minister of Education Regulation No. 64 the Year 2015 concerning No-Smoking Areas in School Environments related to No-Smoking Areas (KTR). The non-smoking area aims to create a clean, healthy, and smoke-free school environment. Therefore, the prohibition of smoking in educational areas is one of the efforts to avoid the presence of minors who smoke. In addition to the students not smoking in the education area, this is also done so that the teachers give a good example to their students.The type of research the author uses is empirical juridical research, that is empirical juridical research, or so-called field research that examines applicable legal provisions and what happens in reality in society.The results of the study stated that the implementation of law enforcement areas without smoking in Samarinda City has not been effective. This is based on the results of a survey conducted by the Samarinda City Health Office that only 30% of the community complied while 70% of the community did not comply with the No Smoking Area. For the effectiveness of the No-Smoking Zone, a preventive effort is carried out, namely socialization, coordination, guidance, and provision of guidelines, as well as monitoring and evaluation and repressive efforts, namely by conducting spot checks and the imposition of sanctions for violators without smoking areas. The obstacles encountered by the government in law enforcement in the No Smoking Area in Samarinda City are affected by legal factors, factors of law enforcement officials, supporting facilities or facilities, community factors, and cultural factors.Keywords: Regions, Schools, Cigarette
PROSES HUKUM TINDAK PIDANA KEKERASAN ANAK DALAM KELUARGA DI KOTA SAMARINDA BERDASARKAN UNDANG-UNDANG NOMOR 23 TAHUN 2004 TENTANG PENGHAPUSAN KEKERASAN DALAM RUMAH TANGGA
Full text linkAbstractDomestic violence is a global phenomenon that occurs throughout the centuries of human life, and occurs in all countries. The forms of violence vary, both in the social, cultural, political, economic and educational fields, which are generally victims of women and children in a family environment. Article 44 of Law Number 23 of 2002 states that the government is obliged to provide facilities and carry out comprehensive health efforts for children, so that every child has the optimal health area from the womb.Children as part of the younger generation are the successors of the ideals of the nation's struggle as well as human capital for national development. Article 1 point 1 of law number 23 of 2002 states that child protection is all activities to guarantee and protect children and their rights so that they can live, grow, develop, and participate, optimally in accordance with human dignity, and be protected from violence and discrimination.Keywords: Legal Protection for Children, Victims of Domestic Violenc
PENGELUARAN DAN PEMBEBASAN NARAPIDANA DALAM RANGKA PENCEGAHAN DAN PENANGGULANGAN PENYEBARAN COVID-19 DI LEMBAGA PEMASYARAKATAN DALAM PERSPEKTIF HUKUM POSITIF DI INDONESIA
Full text linkAbstractThe Indonesian government through the Ministry of Law and Human Rights takes steps to minimize the impact of Covid-19 on Prisoners and Detainees in Prisons by granting Assimilation and Integration Rights for Prisoners, this step is carried out by the Ministry of Law and Human Rights by releasing Prisoners to prevent them. the spread of Covid-19. In this decision, the Government's consideration in carrying out the release is due to the high occupancy rate in prisons, so they are vulnerable to contracting the Corona virus. Seeing this impact, issued a Regulation of the Minister of Law and Human Rights of the Republic of Indonesia Number M.HH-19.PK.01.04.04 of 2020 concerning the Release and Release of Prisoners through Assimilation and Integration in the Context of Preventing and Combating the Spread of Covid-19. The issues raised in this paper are the Release and Release of Prisoners in the Context of Preventing and Controlling the Spread of Covid-19 in Prisons Can be Justified by Law and There are Special Requirements in the Implementation of the Release and Release of Prisoners in the Context of Preventing and Controlling the Spread of Covid-19 in Correctional Institutions. The type of research used is juridical normative research, legal research which is carried out by examining library materials or secondary materials, with the problem approach used in the writing of this thesis is legislation. The statutory approach is carried out by examining all laws and regulations. The results of the study indicate the provision of assimilation and integration for prisoners through the Minister of Law and Human Rights Regulation Number 10 of 2020 and the Decree of the Minister of Law and Human Rights Number M.HH-19.PK.01.04.04 of 2020. and it can be justified according to law, that almost all prisons in the country are overcapacity, making them vulnerable to the threat of the Corona Virus Diseases (Covid-19) pandemic. Keywords:Prisoner’s Release, Pandemic Covid-19
TINDAK PIDANA TAWURAN OLEH KELOMPOK REMAJA TERHADAP PETUGAS KEPOLISIAN DALAM UPAYA PENGAMANAN UNJUK RASA
Full text linkABSTRACTThe life of association, debate, and issue of debate has been obtained in Article 28 of the 1945 Constitution. In the discussion, the demonstration continued the group of adolescents who participated in becoming a mass. The demonstration moved arrogance to injure and make damage which caused it to visit each other. Based on these matters, the formulation of the problem that arises is related to the legal process of the adolescent group acts against police officers in an effort to secure demonstrations and the extent to which legal protection for children's rights commits criminal acts of a brawl in accordance with the Law on the Law on Violence Acts child. The method of research conducted in this study uses normative legal methods, namely by conducting library analysis. Brawl Crime against police officers in an effort to secure demonstrations. The legal process for children is always diverted from the level of the police, the prosecutor's office to the court is also carried out together with BAPAS, LPKS and related and verifiable institutions that can assist the court for the verdict, and the child will be placed in the LPKA (Child Development Foundation). Legal protection for children is guided by children's rights contained in the Juvenile Justice System Act.Keywords: Crime of Brawl, Child Suspec
KAJIAN HUKUM PENERAPAN FIKTIF NEGATIF DALAM HUKUM ADMINISTRASI NEGARA SEBAGAI KEPUTUSAN TATA USAHA NEGARA
Full text linkAbstractPublic services are organized by the government or public service providers in terms of the petition filed by society, of course, expect to be met. But sometimes an application for a decree can not be met in terms of both requirements are not met nor of the procedural aspects of the old and long. One path taken apart complaint or objection submitted to the government, is through the legal system by submitting an application or a lawsuit at the Administrative Court of the State. Good application to obtain admission decision as provided for in Article 53 of Law No. 30 of 2014 on Government Administration and through lawsuits filed related to the refusal or decision fictitious negative as stipulated in Article 3 of Law No. 5 of 1986 concerning the State Administrative Cour., The resolution attempts through the courts is ultimium remudium (the last resort) for citizens to obtain the appropriate public service expected. Lawsuit or application to obtain the Decree of the Government would be expected to provide for community legal certainty, in addition as a correction for public servant in serving the communit
EKSPLOITASI SEKSUAL ANAK YANG DIJADIKAN PELACUR OLEH ORANGTUA
Full text linkABSTRACTThe crime of sexual exploitation of children used as prostitutes by their parents indicates that the protection of children's rights clearly stipulated in the relevant laws and regulations has not been implemented by their parents, this will hamper their mental growth and good thinking patterns in their children. So that it is only implied a shortcut to get money easily by becoming prostitutes at a very young age. From research and analysis on criminal acts concerning Sexual Exploitation of Children, data analysis is used with the Law of the Republic of Indonesia No.35 of 2014 concerning Changes to Law No. 23 of 2002 concerning Child Protection, Law of the Republic of Indonesia No.39 of 1999 concerning Human Rights, Decree of the President of the Republic of Indonesia No .87 of 2002 concerning the National Action Plan for the Elimination of Commercial Sexual Exploitation of Children on 30 December 2002. To enforce legal regulations relating to the sexual exploitation of children who are used as prostitutes by their parents, there must be a structural substance that must work together. Keywords: Sexual Exploitation of Children, Prostitutes, Parents
AKIBAT HUKUM TERHADAP PIHAK YANG TIDAK MELAKSANAKAN PUTUSAN PENGADILAN HUBUNGAN INDUSTRIAL DALAM PERKARA ANTARA BURUH DAN PERUSAHAAN
Full text linkABSTRACTThe substance of layoff disputes is complex because one of the possible decisions of the Industrial Relations Court is to order employers to re-employ workers. There is a separate problem if the businessman who is governed does not voluntarily implement the decision of the Industrial Relations Court. The series of procedures for resolving industrial relations disputes conclude with the decision of the Industrial Relations Court. Workers '/ workers' rights cannot be fulfilled because the employer/company still does not want to pay the rights that the worker/worker gets to him, or in other words, do not carry out court satisfaction, this is sometimes due to arrogance due to his defeat or fear of his defeat will cause a lack of authority employers/companies because they have been beaten by workers/workers at these companies.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 Parties who did not carry out this case, the company that lost the case could also be reported to the police on the basis of the actions of the employer who did not carry out the court's order (ruling) because the action could be considered as obstructing orders from officials or authorities general as regulated in Article 216 paragraph (1) of the Criminal Code. Parties Not Implementing Industrial Court Decisions In Case, i.e. companies, as the court's decision can be reported to the police on the basis of embezzlement. Because not giving what belongs to another person can be categorized as embezzlement as regulated in Article 372 of the Criminal Code. The decision on the Case of the District Court in the Industrial Relations dispute has permanent legal force, but the company has no good intention to voluntarily implement the contents of the PHI decision. Then there are a number of steps you can take. First, submit a request for execution (seized executorial) to the Court, Second, report the company to the police, Third, file a bankruptcy lawsuit against the companyKeywords: Industrial Relations Disputes, Labor, Companie
TINJAUAN HUKUM TERHADAP KASUS TINDAK PIDANA PEMERASAN OLEH OKNUM POLISI BERDASARKAN KITAB UNDANG-UNDANG HUKUM PIDANA
No full textABSTRACT This study examines how the regulation of extortion under the Penal Code (KUHP) and Law No. 2 of 2002 on the Law of the Republic of Indonesia. This research is scientific research to find out the truth based on scientific logic from the legal side by using laws and regulations. The types of legal entities that the author uses are primary legal materials, secondary legal materials, as well as tertiary legal materials. The formulation of the Criminal Code does not provide room at all against the implementation of extortion measures. The regulation is regulated in Article 13 letter b and c, Article 14 paragraph 1 of Law Number 2 the Year 2002. And in Government Regulation Number 2 the Year 2003 namely Article 3 letter c, Article 3 letter f, Article 3 letter g, Article 4 letter c and d, Article 4 letter f, Article 4 letter h, Article 4 letter I, Article 4 letter j, Article 5 letter a and Article 6 letter q. The imposition of disciplinary sanctions against police officers can not eliminate criminal sanctions because it has committed extortion as contained in Article 368 paragraph 1 of the Criminal Code. Keywords: Extortion, disciplinary sanctions can not impose criminal sanctions