DEDIKASI JURNAL MAHASISWA
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TINJAUAN YURIDIS TERHADAP PUTUSAN LEPAS DARI SEGALA TUNTUTAN HUKUM
Full text linkABSTRACTThe purpose of this research is to find out more about the verdicts free from all lawsuits using normative juridical research methods. It was concluded that: 1. Appeals that can be made in a ruling free from all lawsuits. 2. In ruling a verdict off all lawsuits the judge is very careful in taking his decision and is guided by applicable laws and laws. The verdict handed down by a judge for a case which is examined and tried is the result of an analytical process of the legal facts associated with the rule of law and is complemented by legal arguments.Keywords: Verdict, Lawsuit
PERLINDUNGAN HUKUM TERHADAP PERLIDUNGAN KONSUMEN PT. GO-JEK INDONESIA DALAM PERSPEKTIF UNDANG-UNDANG NOMOR 8 TAHUN 1999 TENTANG PERLINDUNGAN KONSUMEN
No full textAbstractProblems with the use of online transportation services PT. Indonesian go-jek is the awareness of consumers to read the regulations and rights as consumers in the go-jek application is very lacking, therefore in the use of online transportation consumers are always victims and if there are losses caused by drives do not know how to solve them. Therefore the authours are interested in examining what form of legal protection for users of online transportation services PT. Indonesian go-jek in the perspective of law number 8 of 1999 concerning consumer protection and how to resolve disputes caused by drivers. This research is normative legal research that examines the study of documents, which uses a variety of legal matererials such ass statutory regulations, non-legal material in the form of scholars as for the problem of the problem used in this research is the author uses the law approach and approach conceptually. From the results of the study, the authors concluded that there was a form of legal protection for users of online transportation services PT. Indonesia go-jek in the perspective of law number 8 of 1999 concerning consumer protection, namely preventive legal protection with the aim of preventing before the of violations against users of online transportation services PT. Indonesian go-jek, repressive legal protection with the aim to resolve legal protection disputes by the general court. As for how to resolve disputes already regulated in article 47 of law number 8 of 1999 concerning consumer protection, dispute resolution outside the court and dispute resolution through the court are regulated in article 48 of law number 8 of 1999 concerning consumer protection.KEYWORD : LEGAL PROTECTION FOR USERS OF ONLINE TRANSPORTATION SERVICES PT. GOJEK INDONESIA
TINJAUAN YURIDIS PEMBUKTIAN PENCEMARAN NAMA BAIK MENURUT HUKUM PIDANA
Full text linkABSTRACT Defamation is the act of defaming someone's good name by stating something, either verbally or in writing. The issue of slander and defamation, especially in criminal law, has been under the spotlight, both in its formulation and in practice. Defamation consists of two elements, that is the act of defamation and the object of defamation in the form of tarnished a person's good name. Defamation can be defined as an act of someone that results in tarnishing the good name of another person or an object is insulted.This study uses a normative juridical approach, legal research which is carried out by examining library materials or secondary data as the basic material to be studied by conducting a search of the regulations and literature related to the problem under study, namely against defamation according to criminal law. .Research results and discussion review of the Criminal Law of defamation is to use the existing laws and regulations in the criminal code and the ITE Law.. Legal analysis of defamation Taking the example of the case against Baiq Nuril through the Supreme Court Decision No.574 / K / PID.SUS / 2018 and the Judge's Consideration in Deciding the case.Keywords: Defamation. Proo
PENCEMARAN NAMA BAIK MELALUI MEDI ELEKTRONIK DALAM PRESPEKTIF PUTUSAN PENGADILAN NOMOR 450/Pid.Sus/2017/PN.Smr TENTANG PENCEMARAN NAMA BAIK
Full text linkABSTRACTDefamation is also known as insult, which is basically attacking the good name and honor of someone who is not in a sexual sense so that the person feels wronged. Honor and good name have different meanings, but they cannot be separated from one another, because attacking honor will result in tarnished honor and good name, as well as attacking a good name will result in a person's good name and honor can be tainted.This type of research is included in the writing of normative law through a statutory approach.The results of this determination explain that the legal arrangements for defamation through electronic media have been regulated in article 27 paragraph (3) of law number 11 of 2008 concerning electronic information and transactions which reads: "Everyone knowingly and without the right to distribute and / or transmit and / or make accessible electronic information and / or electronic documents that contain defamatory and / or defamation ”. The threats obtained from criminal defamation through electronic media are regulated in Article 45 paragraph (3) of Law Number 19 of 2016 concerning Amendments to Law Number 11 of 2008 concerning Electronic Information and Transactions, with the threat of imprisonment. a maximum of 4 (four) years and / or a fine of not more than IDR 750,000,000.00 (seven hundred and fifty million rupiahs). The application of the law against defamation through electronic media in the perspective of court decisions number 450 / Pid.Sus. / 2017 / PN.Smr regarding defamation is by taking legal channels, namely the judiciary. Keywords: Defamation, Electronic Media, Crim
TINJAUAN TERHADAP PERKAWINAN DI BAWAH TANGAN BERDASARKAN UNDANG-UNDANG NOMOR 1 TAHUN 1974 TENTANG PERKAWINAN
Full text linkABSTRACT
This study aims to find out how the legal status of children and wives in marriage is under the hands of based on Law Number 1 of 1974 concerning marriage and how the solution if there is a marriage under the hands to become lawful according to National law. The type of research used in this study uses the normative juridical method, namely by using the object of research studies in the form of the books in question as well as legislation that has a correlation with the discussion of issues related to research.When marriage is agreed upon, it must be agreed upon in harmony and marital conditions concerning the prospective bridegroom, prospective bride, bride guardian, two voters and qabul. Based on Law No. 1 of 1974 concerning Marriage in addition to fulfilling marital requirements must be recognized by the Marriage Registration Officer approved must be regulated in Article 2 paragraph (2) of Act Number 1 of 1974 concerning Marriage intended According to the applicable legislation, approved marriage is not registered with the Employer of Marriage Registration, the marriage is considered illegal according to national law and will affect the status of the wife and child. The status of the wife from under the marriage will cause several consequences, among others: the wife is not considered a legitimate wife, the wife does not have legal force in the event of a dispute and also the distribution of inheritance if the husband finds the world, the wife is neglected for rights and consequences, vulnerable to domestic violence, and the wife will find it difficult to socialize. As well as having an impact on children who determine because the status of children considering being a child is illegal and only has a relationship with family and permission. The solution that can be done is by applying for a marriage permit application to the Religious Court, besides that it can also do a remarriage that must be completed with a marriage registration by a supported official. For the government, it is expected to intensify the socialization of the importance of marriage registration so that all people really understand the marriage record, for the community there is a need for legal awareness to grow for each individual who allows to carry out under-the-hand marriage which has become a risk requirement
TANGGUNG JAWAB PEJABAT PEMBUAT AKTA TANAH (PPAT) TERHADAP PEMALSUAN IDENTITAS DALAM PEMBUATAN AKTA JUAL BELI
Full text linkABSTRACT By carrying out a sale and purchase before the PPAT, the conditions are bright (not a dark legal act, which is carried out clandestinely)."In order to make a deed of sale and purchase of land, the party transferring the right must meet the requirements, namely the authority to transfer the right, while the party receiving it must meet the requirements of the subject of the land to be purchased, and must be witnessed by at least two witnesses of this research. using normative research methods, with the results of research and discussion, namely PPAT's responsibility for the sale and purchase deed he made that was not in accordance with the PPAT deed making procedure or was proven to have committed a violation in carrying out his duties and positions so that the deed he made contained legal defects based on irregularities the formal requirements and material requirements of the procedure for making the PPAT deed, the PPAT may be subject to or imposed sanctions, namely administrative and criminal.Keywords: PPAT, Identity Forgery, Sanction
PENERAPAN KERINGANAN PAJAK KENDARAAN BERMOTOR DIMASA PANDEMI COVID-19 BERDASARKAN PERATURAN GUBERNUR KALIMANTAN TIMUR NOMOR 31 TAHUN 2020 TENTANG KERINGANAN PAJAK KENDARAAN BERMOTOR
Full text linkABSTRACT During the Covid-19 pandemic, the obligation of taxpayers to pay motor vehicle taxes was felt to be very burdensome. Times like this are not only people who feel the impact of covid-19 but the government also experiences the effects of covid-19. To help taxpayers pay motor vehicle tax, the East Kalimantan regional government sees this impact by issuing Governor Regulation Number 31 of 2020 concerning Motor Vehicle Tax Relief. The problem raised in this paper is applying motor vehicle tax relief law based on Governor Regulation Number 31 of 2020 concerning Motor Vehicle Tax Relief and the obstacles in applying motor vehicle tax relief based on Governor Regulation Number 31 of 2020 concerning Motor Vehicle Tax Relief. The type of research used is juridical empirical research, field research with the problem approach used in writing this thesis is a quantitative approach.The results showed that the implementation of the motor vehicle tax relief policy in East Kalimantan Province during the Covid-19 pandemic succeeded in attracting taxpayers' attention to make motor vehicle tax payments. The lack of socialization of motor vehicle tax relief and less understanding, taxpayers paying motor vehicle taxes online are an obstacle to the application of vehicle tax breaks. Keywords: Law Application, Motor Vehicle Tax
PENEGAKAN HUKUM PIDANA TERHADAP TINDAK PIDANA PENGANCAMAN BERBASIS PINJAMAN
Full text linkABSTRAK Berdasarkan penelitian ini, adapun tujuan penulisan yaitu untuk mengetahu mengenai penerapan hukum pidana terhadap tindak pidana pengancaman berbasis pinjaman online serta faktor-faktor yang mempengaruhi terkendalanya penegakan hukum tersebut. Adapun metode penelitian yang penulis terapkan dalam penulisan ini yakni metode yuridis normatif serta dilakukannya pendekatan perundang-undangan, dimana teknik pengumpulan dan pengolahan bahan hukum mencakup studi pustaka. Hasil penelitian yang didapatkan oleh penulis adalah mengetahui mengenai dasar-dasar hukum serta penerapan hukumnya terhadap tindak pidana pengancaman berbasis pinjaman online dan faktor-faktor yang mempengaruhi terkendalanya penegakan hukum tersebut. Kesimpulan yang terdapat dalam penelitian ini mencakup penerapan hukum mengenai tindak pidana pengancaman berbasis pinjaman online yang telah diatur dalam Undang-Undang No. 11 Tahun 2008 Tentang Informasi dan Transaksi Elektronik yang termuat dalam Pasal 27 ayat (4) dan dilanjutkan pada Pasal 29, serta Pasal 369 KUHP.Kata Kunci : Penegakan Hukum, Tindak Pidana Pengancaman, Pinjaman Online. ABSTRAKThis study aims to find out the application of criminal law against online loan-based threats and the factors that affect the constraints of law enforcement.The research methodology applied by the author in this study is the Normative Judicial Method and the author implemented a statutory approach, which means the process of collecting and preparing legal material using Literature Study.As a result of this study, the author knows about the basics and the applications of criminal law against online loan-based threats and the factors that affect the constraints of law enforcement.The conclusion of this study includes the application of the law regarding online loan-based threats that had been regulated in law No. 11 of 2008 about electronic transaction and information that contained in article 27 paragraph (4) and continued in article 29 and 349 KUHP.Keywords: Law Enforcement, Threat criminal law, online loan
IMPLEMENTASI UPAH MINIMUM PROVINSI KALIMANTAN TIMUR TERHADAP USAHA KECIL DI KOTA SAMARINDA
Full text linkABSTRACTThe application of wage methods in the field is not easy to implement. Although in Indonesia there has been an increase every year there are still some areas of workers/laborers who are not satisfied. For workers/laborers, the increase has not been able to help meet the needs of daily life. That there are some components that should be included in the components of the Decent Living Needs, but not included. In addition, the level of need that is increasing and expensive makes workers demanding an increase in the minimum wage.The type of research that I use is empirical juridical research, which is empirical juridical research, or called field research that examines the applicable legal provisions and what happens in reality in society.The results of the study stated that the implementation of the East Kalimantan Province Minimum Wage Against Small Businesses in Samarinda City has not been running well enough and maximally. This is because there are still companies in the form of PT or CV that have not paid the salaries of employees or laborers not in accordance with the applicable MSEs in the city of Samarinda for various reasons. can cover expenses and accompanied by workers who are not yet competent. Even though they have a competent workforce due to high operational costs, they are unable to pay their employees' salaries in accordance with the applicable MSEs in Samarinda. The obstacle of the implementation of the East Kalimantan provincial minimum wage to small businesses in Kota Samarinda is that the problem lies in the different contexts in each province and overlapping regulations. Whereas based on PP No. 78 of 2015, the increase in the minimum wage is determined by the current year's wage and national economic growth.Keywords: Wages, Business, Cit
PERLINDUNGAN HUKUM TERHADAP DATA PRIBADI PENGGUNA APLIKASI ZOOM DARI KEJAHATAN CYBER CRIME
Full text linkABSTRACT On this day, technological advances can no longer be stopped. The development of electronic information and communication systems technology becomes a new style of communication. Electronic information and communication systems play a role as a behavior changer in Indonesian society. One of the media social that is currently popular is Zoom. Within a few months, various news and cases have emerged that reveal the weakness of this application. In general, this research aims to find out Zoom Video Communications, Inc.'s responsibility as the organizer of the Zoom application in protecting the personal data of its users from cybercrime and protecting the personal data of users of the Zoom application from cybercrime in accordance with the applicable law in Indonesia. The type of research used in this research is normative legal research or doctrinal. The results showed that the responsibility and legal protection that given by Zoom Video Communications, Inc. is good enough, though there are still some flaws that need to be fixed.Keyword: Zoom Video Communications, Inc, Zoom Application, Cyber Crime, Privacy, Personal Dat