DEDIKASI JURNAL MAHASISWA
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PELAKSANAAN PERLINDUNGAN HUKUM TERHADAP ANAK DIBAWAH UMUR YANG BEKERJA SEBAGAI PENJUAL KORAN DI KOTA SAMARINDA DITINJAU DARI UNDANG-UNDANG NOMOR 35 TAHUN 2014 TENTANG PERUBAHAN ATAS UNDANG-UNDANG N0M0R 23 TAHUN 2002 TENTANG PERLINDUNGAN ANAK
Full text linkABSTRACTThe phenomenon of underage labor that occurs in the city of Samarinda today, such as being a very ordinary sight. Increasing the number of child laborers in samarinda city, is a problem that is quite precarious to immediately pursue a solution both by the Government and related parties.The method used in this writing is empirical juridical research method, which is a method of legal research that uses the rules in legislation and seeks data or information directly in the form of interviews with sources.The results stated that there are a variety of factors that cause minors to work as newspaper sellers in Samarinda city umunya family factors, then economic factors, as well as factors of mental damage of children. Many efforts have been made by the Government of Samarinda City Social Service which aims to reduce child labor by means of street control, coaching and socialization to child workers.The implementation of legal protection and constraints on minors who work as newspaper sellers in Samarinda City is in this case the Social Service of Samarinda City has made every effort to reduce the number of minor workers who work as newspaper sellers but until now have not received maximum results. This is with indicators of the number of minors in various places in the corner of Samarinda city need evaluation in handling and rare more intensive in order to get maximum results Keywords: Child Labor, Child Protection, Child Protectio
TINJAUAN TERHADAP PERATURAN MAHKAMAH AGUNG NOMOR 2 TAHUN 2012 TENTANG TINDAK PIDANA RINGAN DALAM PENERAPAN DI INDONESIA
Full text linkAbstractChanges in the Criminal Code have now been changed according to conditions and situations. As in Articles 364, 373, 379, 384, 407 paragraph (1) and 482 of the Criminal Code, it has been amended by Perpu No.16, 1960, and Perpu No. 18/1960. The Supreme Court issued PERMA No.2 of 2012 to adjust the limits of minor criminal offenses. Based on this background, there is the main problem, namely how to review the Supreme Court Regulation Number 2 of 2012 concerning Minor Crimes in Community Application. This paper discusses the application of the Supreme Court Regulation Number 2 of 2012 concerning Adjustment of the Limits of Minor Crimes in the Criminal Code and the Effectiveness of the Supreme Court Regulation Number 2 of 2012 concerning the Adjustment of Limits of Minor Crimes. This paper is useful in explaining the role of the PERMA in society and the value of the benefits achieved in its application. The method used in writing this thesis uses library research. The type of approach used in this research is the legislation approach (the statue approach) and the fact approach. The results of this thesis research are in the form of regulations and the application of PERMA No. 2 of 2012 to the Community With the increase of minor criminal cases in the Community, the form / form of benefit value is based on PERMA No. 2 of 2012 is considered less effective in the community because it can cause unrest and disturbance of public order and a lack of deterrent effects for the perpetrators. This thesis gives a suggestion to be affirmed in the penalties listed in the Criminal Code (KUHP) for criminal offenders. And Judges in deciding sentences for perpetrators of minor crimes need to explore the values contained in the community in order to create a deterrent effect for the perpetrators and to get the value of benefits for the application of the law.Keywords : Minor Crimes, Supreme Court Regulations, Deterrent Eff
TINJAUAN HUKUM AKTA PENGANGKATAN ANAK BERDASARKAN DINAS KEPENDUDUKAN DAN CATATAN SIPIL KOTA SAMARINDA
No full textABSTRACT Pregnant women are married to a woman who is pregnant out of wedlock, whether married to a man who impregnates her or by a man who does not impregnate her. Therefore, the problem of marrying a pregnant woman requires careful and prudent attention, especially by a marriage registrar employee. This is meant by the existence of a social phenomenon regarding the lack of awareness of the Muslim community towards the moral, religious and ethical principles of the occurrence of a man who does not impregnate him but he marries him.In Law No. 1 of 1974 no one regulates guardianship of children due to the marriage of pregnant women. Therefore the provisions of guardianship according to Law No. 1 In 1974 while the child was born in a marriage that was deemed valid by the state, his guardianship was with the two legitimate parents. Because in Law No. 1 of 1974 does not regulate the distribution of inheritance rights, but if the child is considered legal according to Law No. 1 Year 1974 automatically the child gets inheritance from the lineage of his father and mother
PEMBERIAN IZIN TERHADAP PENJUALAN MINUMAN BERALKOHOL DITINJAU BERDASARKAN PERATURAN DAERAH KOTA SAMARINDA NOMOR 6 TAHUN 2003 TENTANG LARANGAN, PENGAWASAN, PENERTIBAN PENJUALAN MINUMAN BERALKOHOL
Full text linkABSTRACT Permit as proof of legality to run a business, especially trading goods that are sold freely or goods whose trade is under government supervision. One of the merchandise which is controlled by the government is alcoholic drinks. Alcoholic drinks are included in the merchandise under surveillance because the effects of consuming alcoholic drinks can reduce or eliminate people's awareness and cause illness in the human body.This type of research used in this research is Normative law research. "Normative legal research (juridical normative) is a legal research method carried out by examining mere literature or secondary data.The results of the study stated that the Provisions for Granting Permits Against Alcoholic Beverage Sales Based on the Samarinda City Regulation Number 6 of 2013 Concerning Prohibition, Supervision, and Ordering of Sales of Alcoholic Beverages that the Socialization of the Samarinda City Regulation Number 6 of 2013 governing alcoholic drinks was basically well implemented. Basically, alcoholic drinks cannot be bought and sold outside the place that has obtained a permit or that has obtained a permit or that has been stipulated in Regional Regulation No. 6 of 2013, that in Samarinda there are still many alcoholic beverage sales without permits circulating freely in the community. Legal Consequences Against Alcoholic Beverage Sellers That Are Not In Accordance with Samarinda City Regional Regulation Number 6 the Year 2013 Regarding Prohibition, Supervision, Ordering of Sales of Alcoholic Beverages that the Satpol PP (Civil Service Police Unit) as law enforcers has cracked down on selling alcoholic beverages without permission with the prior permission first giving the sellers who netted a warning letter and confiscating their alcoholic beverages merchandise, if in the future they repeat it then the officer is not reluctant to give them the summons to come to court, then after that if they continue to violate then the Apparatus will impose sanctions in accordance with applicable legal regulations.Keywords: Alcohol, Permission, Prohibitio
KAJIAN HUKUM PEMEGANG IZIN USAHA PEMANFAATAN HASIL HUTAN KAYU HUTAN ALAM (IUPHHK-HA) TERHADAP PENERAPAN KEBIJAKAN KEMENTRIAN LINGKUNGAN HIDUP KEHUTANAN NO.P.30/MENLHK/SETJEN/PHPL.3/3/2016 TENTANG PENILAIAN KINERJA PENGELOLAAN HUTAN PRODUKSI LESTARI DAN VERIFIKASI LEGALITAS KAYU PADA PEMEGANG IZIN, HAK PENGELOLAAN ATAU PADA HUTAN HAK
Full text linkABSTRACT Sustainable Production Forest Management is an activity in the management of forests with the principle of protecting the forest to remain continue to be sustainable. So that forests in the future will still exist with good and sustainable management in accordance with the Regulation of the Minister of Environment and Forestry with compliance with the regulations contained therein. The method used in this study uses normative juridical research methods. Based on research results, Sustainable Production Forest Management arises from the existence of illegal logging and Forests as the world's lungs, with the Minister of Environment and Forestry Regulation No. P.30 / MenLHK / Setjen / 3/3/2016 concerning Performance Assessment of Sustainable Production Forest Management and Timber Legality Verification on Permit Holders, Management Rights or on Private Forests. In order to the forests in Indonesia in particular are always preserved. Keywords: Obligations of Permit Holders to Implement SustainableProduction Forest Management
TINJAUAN YURIDIS TENTANG BADAN KEPEGAWAIAN DAERAH DALAM MEMINIMALISIR TERJADINYA PERCERAIAN BAGI PEGAWAI NEGERI SIPIL DALAM WILAYAH KABUPAEN KUTAI KARTANEGARA
No full textABSTRACTThe local management agency is an extension of the regent/mayor's hand which handles management matters on staff. With regard to the issue of divorce permits for civil servants must apply for permission to obtain a divorce issued against the regent/mayor through the personnel agency that will assess whether administrative conditions are met and whether the stated reasons are acceptable in the case of the development of the staff, there is no doubt that the region's management will continue to maintain a divorce, but there must be measures that hope to have the impact of the divorce and try to unify the integrity of the member's family in the hopes of a less severe civil servant's divorce.The study method of empirical legal research means that is assessed as real behavior and as a written social symptom that is experienced in social and environmental relationships.Research shows that the mechanisms and processes of granting a divorce to civil servants are submitted in writing to officials according to a hierarchy by a preliminary process through the head of the job application which, when attempting to reconcile again, the applicant's superior provides a written consideration and suggestion for consideration to the officer who will make the decision, The government's decision to obtain a mandatory divorce was made by officials in order to minimize divorce for the NNS decision on the basis of the application and the application of the state court.Keywords: regional employment agency, divorce permits for civil servants, minimize
PELAYANAN KESEHATAN TERHADAP STANDAR MAKANAN NARAPIDANA DI TINJAU DARI UNDANG-UNDANG NOMOR 12 TAHUN 1995 TENTANG PEMASYARAKATAN
Full text linkABSTRACTA prisoner as a person who is currently serving a sentence in a correctional facility does not mean that the prisoner loses all his rights as a human being or does not even get any rights while being a prisoner. Article 14 paragraph (1) Letter d of the Correctional Law, namely prisoners have the right to get health services and adequate food. Giving food that is not sufficient in quantity and quality can cause various health problems, including it can lead to malnutrition, so susceptible to disease, lack of motivation and apathy. The correctional facility must provide food with quality that meets health requirements. Food that meets health requirements or healthy food is food that is hygienic, nutritious, and sufficient.This research is included in normative legal research through a statutory approach and a conceptual approach. The data source used is secondary data consisting of primary, secondary and tertiary legal materials. The technique of collecting and processing legal materials is carried out by means of literature study, namely by looking for primary, secondary, and tertiary legal materials that are relevant to the research. The analysis of the legal materials used is that the legal materials will be collected then the legal materials are processed, then proceed with analyzing the legal materials by means of interpretive, legal reasoning, and argumentation.Based on the results of research and discussion, it is known that Health Services to Food Standards for Prisoners have met standards which are prisoners' rights that must be fulfilled by prisons in accordance with the applicable Law Number 12 of 1995 Concerning Corrections, as for food that meets standards, among others, namely food ingredients. which is processed does not exceed the expiration limit, where the food does not use substances that are harmful to the health of the food and the food served does not endanger health. It can be seen that the number of prisoners is 830 people and it is related to food service which in reality is 3 times a day and 2 times a day. Rights for Prisoners The implementation of this fulfillment, of course, the prison authorities still experience significant obstacles due to several factors that cannot be denied from the correctional ranks, namely what if it happens and what can no longer be avoided if the constraints in question are: 1. related to the delay delivery of food ingredients 2. foodstuffs run out before time 3. limited supply of water. This is an obstacle that is not desired by all parties in the ranks of prisons both in the implementation of health services and the provision of proper food for prisoners.Keywords: Health Services, Prisoners, Correctional Institutio
KEDUDUKAN DAN STATUS ANAK YANG DILAHIRKAN SECARA BAYI TABUNG DILUAR PERKAWINAN DALAM PERSPEKTIF HUKUM PERDATA
Full text linkABSTRACTEvery human being who wants offspring must go through the marriage process but there are solutions for those who want offspring but not necessarily through marriage, such as phobias and there are also those who have problems such as not wanting to get married but are told to get offspring and have problems getting married. These problems will cause many complications related to how the child's survival is especially in terms of the law that regulates the child being born because of problems outside of marriage or not a legal marriage. The legal basis relating to children born by IVF outside of marriage is Article 272 of the Civil Code and the Decision of the Constitutional Court (MK) Number 46 / PUU-VIII / 2010 which revised Article 43 paragraph (1) of the Marriage Law. The formulas of the problem are: (1) The position and status of children born by IVF outside of marriage in the perspective of Civil Law; (2) The legality of children born in IVF outside of marriage in the perspective of Civil Law.The type of research used in this research is Normative Juridical Research and the problem approach used in this study is the Statute Approach and the Conceptual Approach.The results of the research are with the existence of Article 272 of the Civil Code which states that the validity of the child can be recognized as long as it receives legal recognition from the father and mother and also through the marriage certificate itself and the Constitutional Court (MK) Decision Number 46 / PUU-VIII / 2010 which revises Article 43 Paragraph (1) of the Marriage Law which states that the civil relationship of children born outside of marriage has a relationship only with the mother and the mother's family, as well as with the man as the father, which can be proven based on science and technology to have a blood relationship with the father's family. This Constitutional Court Decision Number 46 / PUU-VIII / 2010 provides legal protection for children to provide fair certainty for the status of children born even though the legality of the marriage is still not legal according to State law. So that the blood relationship between the child and the father in a biological sense can be confirmed based on a legal process and is able to receive their rights as a legitimate child. My advice is that it would be nice if you get married first so that babies born from IVF programs outside of marriage get guaranteed legal certainty and it is better for parents who give birth to children outside of marriage to acknowledge or legalize the child so that the child can get family status as soon as possible.Keywords: The Position and Status, Children, In Vitro Fertilization, Outside Marriage, Civil Law
TINJAUAN YURIDIS TERHADAP TINDAKAN PENGANCAMAN MELALUI MEDIA ELEKTRONIK BERUPA PESAN SINGKAT
Full text linkABSTRACTThreatening is someone's intention to do something that has the goal of harming others. The inadequate readiness of human resources in the use of information technology, both in terms of intelligence and mental readiness, has made the sophistication of this information technology a tool that is prone to be used as a medium for committing crimes or more influencing the birth of new forms of legal action. Threats through electronic media are in principle the same as conventional threats, which only distinguish the means, namely through the internet, so that personal videos and photos are included in electronic information and/or electronic documents sent via short messages which are currently electronic media crimes. Regarding threats through electronic media in the form of short messages, the problems in this study are what are the elements of the offense in the act of threatening through electronic media in the form of short messages as regulated in Law No. 19 of 2016 and Imposing legal sanctions for perpetrators of criminal acts who threaten through electronic media in the form of a short message based on a court decision (Number 159 / Pid.Sus / 2018 / PN Lmg). This research method uses Normative Juridical. The juridical normative research method is an approach based on legal materials by examining theories, concepts, legal principles, and laws and regulations referring to the existing norms in society with the addition of various juridical elements.The conclusion obtained is that the elements of the offense of threatening through electronic media in the form of a short message, namely everyone, intentionally and without rights, distributes and/or makes accessible, information and/or electronic documents, which contain extortion and/or threats, and charges of extortion and/or threats. sanctions, namely 7 (seven) months imprisonment and a fine of Rp. 100,000,000 (one hundred million rupiahs
TINJAUAN YURIDIS TERHADAP BENDA BERGERAK YANG DIJAMINKAN PADA BANK MANDIRI DI KOTA SAMARINDA TANPA MELALUI PROSES PENDAFTARAN FIDUSIA
Full text linkABSTRACT Confidence to the bank that loans given to customers can be accepted again in accordance with the terms agreed upon together and that also to minimize the risks contained and always possible to arise in every loan release. Fiduciary guarantees have long been used in Indonesia. Legal protection for creditors in credit agreements with fiduciary guarantees is very necessary, considering that objects that are the object of fiduciary collateral are on the debtor so that if the debtor defaults on credit agreements with fiduciary collateral, the creditor's interests can be guaranteed with these legal protections. Legal protection for these creditors is regulated in general, namely: regulated in the Civil Code Article 1131 and 1132 and Law No.42 of 1999 concerning Fiduciary Guarantees basically states that objects burdened with fiduciary guarantees must be registered and then made a fiduciary guarantee certificate. The creditor has the right to carry out as stated in the fiduciary guarantee certificate if the debtor defaults. The results show that in practice fraud often occurs when registering fiduciary guarantees by irresponsible individuals or financial institutions themselves. From the results of this study, it can be concluded that in entering into a credit agreement with fiduciary collateral if the object guaranteed in the bank turns out not to go through the fiduciary registration process, the creditor does not have an executorial right as a result of not registering the fiduciary guarantee agreement and there must be a decision from the District Court. If the execution continues before the court ruling, the execution is said to be illegal.Keywords: Object, Banks, Fiduciary guarante