DEDIKASI JURNAL MAHASISWA
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TINJAUAN YURIDIS TERHADAP PELAKSANAAN SISTEM ELECTRONIC TRAFFIC LAW ENFORCEMENT (E-TLE) BERDASARKAN UNDANG UNDANG NOMOR 22 TAHUN 2009 TENTANG LALU LINTAS DAN ANGKUTAN JALAN
Full text linkABSTRACTThe development of science and technology that occurs today brings significant changes in every activity of human life, so that the police are encouraged to develop an information system supported by a network-based software, namely the Electronic Traffic Law Enforcement (E-TLE) system or commonly called electronic ticketing. However, after the implementation of the Electronic Traffic Law Enforcement (E-TLE) system, continuous improvements are still being made so that its implementation among the community is not optimal. The problem in this study is how to find out the regulations for the implementation of the Electronic Traffic Law Enforcement (E-TLE) system and how to find out the procedures for implementing the Electronic Traffic Law Enforcement (E-TLE) system for resolving traffic violations. The approach method used in this study is the Normative Juridical approach, which inductively researchers go directly to the research object to observe and study the legal reality in the field. The problem approach examines primary data as the main data in addition to also using secondary data. This is so that the data in the study is more accurate because it comes directly from the object and subject. Based on the research results, it is described that the regulation of the implementation of Electronic Traffic Law Enforcement (E-TLE) is seen from Law Number 22 of 2009 concerning Traffic and Road Transportation, in general in Article 272 paragraph (1) and paragraph (2), Government Regulation Number 80 of 2012, and Law Number 19 of 2016 Article 1 number (1). The procedure for implementing the Electronic Traffic Law Enforcement (E-TLE) system based on Article (1) paragraph (2) of Supreme Court Regulation Number 12 of 2016 has 10 stages, namely: installation of Closed Circuit Television (CCTV); recording of violator data; SRC (Smart Regident Center) identity; sending letters; delivery of letters; confirmation; clarification; issuance of traffic tickets and BRIVA codes; blocking of vehicle registration certificates; and payment of traffic fines. The Electronic Traffic Law Enforcement (E-TLE) system so far still has obstacles in its utilization, especially in terms of facilities and infrastructure, such as the lack of Closed Circuit Television (CCTV) cameras that are able to monitor speed (speed radar), check points and vehicle license plate recognition (ANPR) at every intersection that implements the Electronic Traffic Law Enforcement (E-TLE) system. Keywords: Implementation, Electronic Traffic Law, Traffic
PENEGAKAN HUKUM PELAKU ILLEGAL MINING DI INDONESIA
Full text linkABSTRACT. The mining law has regulated the types of violations and sanctions that can be imposed on violators. However, the reality on the ground shows that these sanctions often do not have the expected deterrent effect. Additionally, the challenges of law enforcement in cases of illegal mining also include corruption and conflicts of interest. In some areas, law enforcement officials and government officials who are supposed to take action against perpetrators are instead involved in corrupt practices, thus undermining the ongoing legal processes. This research focuses on the impacts of illegal mining in Indonesia and law enforcement against illegal mining perpetrators in Indonesia. This research uses normative research, in which normative legal research is a process to find legal rules, legal principles, and legal doctrines to address the legal issues raised, using the statutory approach and the case approach. The impacts are very detrimental in various aspects. From an environmental standpoint, this activity causes deforestation, water pollution, land degradation, and air pollution, which damage ecosystems and threaten public health. Strong and sustainable law enforcement is essential to deter illegal mining perpetrators and protect the community from its negative effects. Keywords: Law Enforcement, Illegal Mining
PERANAN LEMBAGA BANTUAN HUKUM JARINGAN ADVOKASI MASYARAKAT BORNEO DALAM MEMBERIKAN BANTUAN HUKUM BAGI MASYARAKAT TIDAK MAMPU
Full text linkABSTRAKSkripsi ini membahas tentang Pemberian Bantuan Hukum Terhadap Masyarakat Tidak Mampu Yang Dilakukan Oleh Lembaga Bantuan Hukum Jaringan Advokasi Masyarakat Borneo. Pokok permasalahannya adalah bagaimana peran Lembaga Bantuan Hukum Jaringan Advokasi Masyarakat Borneo dalam pemberian bantuan hukum terhadap masyarakaat yang tidak mampu, bagaimana kendala yang dihadapi Lembaga Bantuan Hukum terhadap masyarakat yang tidak mampu Jenis penelitian yang digunakan penulis adalah kualitatif kemudian dipaparkan secara deskriptif dengan menggunakan pendekatan penelitian yuridis sosiologis artinya suatu penelitian yang dilakukan terhadap keadaan nyata masyarakat atau lingkungan masyarakat dengan maksud dan tujuan menemukan fakta yang kemudian menuju pada identifikasi dan pada akhirnya menuju kepada penyelesaian permasalahan. Hasil penelitian menunjukkan bahwa Peran Lembaga Bantuan Hukum Jaringan Advokasi Masyarakat Borneo dalam pemberian bantuan hukum terhadap masyarakat yang tidak mampu yaitu dengan memberikan bantuan kepada para pencari keadilan bagi masyarakat dalam bentuk Litigasi dan Non Litigasi. Litigasi dalam lingkup pengadilan serta, non litigasi dalam lingkup non pengadilan tanpa biaya atau Prodeo. Kendala yang dihadapi Lembaga Bantuan Hukum Jaringan Advokasi Masyarakat Borneo dalam pemberian bantuan hukum terhadap masyarakat yang tidak mampu yaitu; minimnya pengetahuan tentang eksistensi dan peranan Lembaga Bantuan Hukum Jaringan Advokasi Masyarakat Borneo, anggapan masyarakat bahwa Lembaga Bantuan Hukum Jaringan Advokasi Masyarakat Borneo berbayar, terbatasnya sumber daya manusia di Lembaga Bantuan Hukum Jaringan Advokasi Masyarakat Borneo, kurangnya dukungan pemerintah, Lembaga Bantuan Hukum Jaringan Advokasi Masyarakat Borneo belum terakreditasi sehingga belum mendapatkan bantuan dana dari pemerintah sehingga dana yang digunakan menjadi dana pribadi.Kata kunci : LBH JAMB,masyarakat kurang mampu,Inplementasi
PERLINDUNGAN HUKUM BAGI PENGGUNA JASA EYELASH EXTENSION DAN SULAM ALIS PADA SALON KECANTIKAN DI KOTA SAMARINDA BERDASARKAN UNDANG UNDANG NO 8 TAHUN 1999 TENTANG PERLINDUNGAN KONSUMEN
Full text linkABSTRACTLegal protection for users of Eyelash Extension and Eyebrow Embroidery services at beauty salon services in the city of Samarinda based on Law No. 8 of 1999 concerning Consumer Protection, there are formulations of research problems, namely 1) How is the practice of eyelash extension and eyebrow embroidery services at beauty salons in Samarinda city; 2) What is the form of legal protection for users of eyelash extension and eyebrow embroidery services at a beauty salon in Samarinda city.The research method used by researchers is a type of normative research. The data collection technique used in this study was literature study and was supported by interviews in the form of several oral questions. Meanwhile, data analysis using primary, secondary, and non-legal materials has been processed deductively.As for the results of the study, it can be concluded that 1) In the practice of the eyelash extension installation service, the process of connecting artificial eyelashes to the original eyelashes, the process of connecting this eyelash also lasts for 30 minutes to 1 hour and the eyebrow embroidery service, the eyebrow embroidery technician will clean the hair- fine hair on the eyebrows to map the shape of the eyebrows that match the service user's face. this eyebrow embroidery procedure ranges from 1-2 hours; 2) Review of Law Number 8 of 1999 concerning Consumer Protection, namely in Article 4 of Law Number 8 of 1999 it has been mentioned regarding consumer rights, and in article 7 of Law Number 8 of 1999 concerning Consumer Protection it is also stated that every business actors have the obligation to provide compensation, compensation and / or compensation for losses resulting from the use of goods and / or services. This is also regulated in the provisions of Article 26 of Law No. 8 of 1999 concerning Consumer Protection, which states that if consumers suffer losses in the form of damage, pollution, or financial and health losses due to consuming traded products, the producers as business actors are obliged to provide compensation. , whether in the form of refunds, replacement of goods, maintenance, or by providing compensation.Keywords : Consumer Protection, Service Practices, Eyelash Extension and Embroidery Eyebrows, Compensatio
PENGEMBALIAN KERUGIAN KEUANGAN NEGARA DALAM TAHAP PENYIDIKAN TINDAK PIDANA KORUPSI
Full text linkABSTRACT Recovery of state financial losses by efforts to recover state financial losses in corruption crimes in reality still faces obstacles both at the procedural level and at the technical level. At the procedural level, certain legal instruments are needed that are appropriate in accordance with the modus operandi of the crime and the object of the legal problem. In the case of a criminal act of corruption, the results of a criminal act in the form of state finances are in fact not only accepted or enjoyed by the defendant, but also received or enjoyed by a third party who is not a defendant. The formulation of the problem raised is How is the legal arrangement for returning state financial losses in the investigation stage of corruption and how is the Procedure for Returning State Financial Losses in the Implementation Stage of Corruption Crimes.The type of research used is normative juridical research library research with the problem approach used in writing this thesis is the statute approach and field research to obtain data. from corruption. These efforts are regulated in Law Number 31 of 1999 as amended by LAW Number 20 of 2001 concerning Eradication of Criminal Acts of Corruption, Law Number 7 of 2006 concerning Ratification of the United Nations Convention Against Corruption (Anti-Corruption Convention), Law Number 15 of 2002 as amended by LAW Number 25 of 2003 concerning the Crime of Money Laundering (Law on Money Laundering), Law Number 1 of 2006 concerning Mutual Assistance in Criminal Matters and the process of returning state finances in the implementation the case decisions are Asset Search, Confiscation of Assets/Wealth, Prosecution of Compensation Payments and Execution/Implementing Court Decisions Regarding Refund of State Financial Losses Keywords: Corruption, Return of State Finances, Investigatio
TINJAUAN YURIDIS TERHADAP HAK PEKERJA LEPAS DI PIZZA HUT S. PARMAN SAMARINDA DALAM PERSPEKTIF HUKUM POSITIF
Full text linkABSTRACTPolicies in the field of manpower in the national development program are always endeavored to create as many job opportunities as possible in various fields. The working relationship between workers and employers themselves must be based on an agreement so that the rights and obligations of each party can be guaranteed. At this time many companies use freelance workers to support the company's business. The problem in this study is the implementation of the agreement and protection of the rights of freelancers using a work agreement for a certain time, in which workers' rights are limited, there is no balance between the rights and obligations of freelancers according to Law Number 13 of 2003 concerning Manpower. The research objective is to analyze the rights of freelance workers in Indonesian positive law. This type of research is normative juridical which is library research and uses a statutory and conceptual approach. Through literature study researchers collect documents and data to be processed using content analysis methods. The results of the study concluded that the impact of intense business competition stemming from global economic developments made companies change their business management structure by reducing management control, one of which was by implementing the practice of using freelance workers for companies to reduce production costs. With the management of the use of freelance workers that has been going on, it does not guarantee the labor rights they should get, especially in terms of remuneration carried out by certain companies. Legal protection for casual workers in Indonesia is regulated in Law Number 13 of 2003 concerning Manpower. One of the reasons for the birth of Law Number 13 of 2003 concerning Manpower is that several laws and regulations that have been in effect so far place workers in a disadvantageous position in the workforce placement service and industrial relations system which highlight differences in position and interests so that they are seen as having no longer in accordance with the needs of the present and the demands of the future. As well as obtaining the right to obtain equal opportunities and treatment without discrimination. Keywords: Freelance Workforc, Law Enforcement, Legal Protection, Positive Law
PENERAPAN SANKSI PIDANA TERHADAP MUCIKARI PROSTITUSI MENURUT KITAB UNDANG-UNDANG HUKUM PIDANA
Full text linkABSTRACTIndonesian society is known as an ethical and moral religious society, but it cannot be denied that the problem is that there are still many crimes of pimps still rife. Pimping is an act of facilitating a person's obscene or adultery in exchange for money and making this act a livelihood. The act of pimping that deviates from the provisions of the law and has violated the norm is a criminal act.The type of research used in this paper is normative legal research with a law approach and several primary, secondary and tertiary legal sources.The act of pimping that facilitates obscene acts by other people with other people and profiting from obscene acts has been regulated in the Criminal Code, that the act of taking advantage of the obscene acts of a woman and making it a livelihood is a criminal act of pimping and whoever commits the crime of pimping will be subject to Article 296 and Article 506 of the Criminal Code in the form of a criminal sanction of imprisonment for a maximum of one year. The provisions for the crime of pimping are also regulated outside the Criminal Code, this aims to anticipate all types of actions in the process, method or all forms of exploitation that will occur.The factors that caused pimps to offer prostitutes services at guesthouses after the closure of lokalisasis were due to economic needs, because they were used to getting lots of money quickly and easily from taking advantage of offering the services of commercial sex workers, pimps carried out their actions in guesthouses in Pasuruan secretly. hide to earn money from peddling commercial sex workers.Keywords: application, criminal sanctions, pimping
PENERAPAN SANKSI PIDANA TERHADAP PENAMBANG BATU BARA ILEGAL MENURUT PERATURAN DAERAH NOMOR 12 TAHUN 2013 TENTANG PERTAMBANGAN MINERAL DAN BATU BARA DI WILAYAH KOTA SAMARINDA
No full textABSTRACT Illegal mining is a mining business carried out by individuals, groups of people, or foundation companies with legal entities which in their operations do not have permits and government agencies in accordance with applicable laws and regulations. One area that has the potential for rock mining is Samarinda City, with the abundance of rock mining potential in Samarinda City attracting investors to invest in Samarinda City. However, there are also parties who carry out rock mining without fulfilling the procedures set by the government with various factors, such mining is called illegal mining. This writing uses the legal basis of Regional Regulation No. 12 of 2013 concerning minerals and coal and this research uses a normative method. Data sources consist of secondary data consisting of books, journals, laws and regulations related to research problems, data collection techniques are carried out by conducting document studies which are information data, scientific writings. This study uses the problem formulation: How is the application of illegal mining sanctions to the Samarinda City Regional Regulation Number 12 of 2013 concerning mineral and coal mining within the Samarinda City area and what are the government's efforts in dealing with illegal mineral and coal mining within the Samarinda City area which resulted in this research. may be imposed on the perpetrators of illegal coal mining in accordance with Article 90 of Regional Regulation Number 12 of 2013 concerning Coal Mineral Mining in the City of Samarinda, namely those who violate the provisions of the mineral and coal mining management permit as regulated in this regional regulation shall be punished with imprisonment for a maximum of 10 (ten) year and a fine of Rp. 10,000,000,000, - (ten billion rupiah). The Regional Government of Samarinda City through law enforcement officials and related agencies needs to be more serious and firm in terms of law enforcement against all legal coal mining activities in Samarinda City, If illegal coal mining activities continue to be carried out without proper supervision and management, it will cause severe pollution and environmental damage, of course this will result in losses to the people of Samarinda City. Keywords: Illegal Mining, Crimina
PENGUPAHAN DIBAWAH UPAH MINIMUM BAGI USAHA MIKRO KECIL DAN MENENGAH (UMKM) MENURUT PERATURAN PEMERINTAH NOMOR 36 TAHUN 2021 TENTANG PENGUPAHAN
Full text link The results of the study show that legally it is emphasized that employers/companies are prohibited from paying wages lower than the minimum wage, but there are exceptions to the minimum wage provisions, the exception to the minimum wage only applies to micro businesses and small businesses, not to medium enterprises. Micro and small businesses in question must meet the criteria set by law, with the condition that the wage value must be above 50% of the average consumption rate at the provincial level and above 25% of the poverty line at the provincial level. For entrepreneurs/enterprises (excluding micro and small businesses) and workers/laborers who have entered into work agreements/agreements, in particular, the value of the wages stipulated in the agreement is lower than the stipulated minimum wage. Then the agreement is null and void by law and wage arrangements must be carried out under statutory regulations. Wages are an absolute right for workers that must be met by employers. One of the wage problems that exist in Indonesia is related to the minimum wage, namely that there are still many workers/laborers who earn wages below the minimum wage provisions, including workers in the Micro, Small, and Medium Enterprises (MSMEs) sector, there are still many entrepreneurs in the MSME sector who base their the wage standard for workers is based on the financial capacity of the business, excluding the provisions of the minimum wage scale.The type of research used in this paper is a type of normative legal research or library law research with a statutory regulation approach. Abstrac
KEWAJIBAN ORANG TUA DALAM MELAPORKAN ANAKNYA SEBAGAI PECANDU NARKOTIKA DITINJAU BERDASARKAN UNDANG-UNDANG NOMOR 35 TAHUN 2009 TENTANG NARKOTIKA
No full textABSTRACTThe number of children who become victims of narcotics higher each year required an effective way in order to reduce the number of children who become drug addicts getting down. The authors need to raise the issue of children who become addicted to narcotics, to be a deterrent effect for the cause of children becoming drug addicts, and to be also held the responsibility. The purpose of this thesis, namely: First, the need for criminal responsibility by parents to their eraser against liability legislation of conflicting namely Law On Narcotics with the Child Protection Act. This type of research can be classified into types of normative legal research that discusses the general principles of law, systematic law, and comparative law. From the research there are problems, there are two main things that data concluded. First, So if I researched, the person most responsible for actually increasing the number of children who become a drug addict is a parent. In accordance with Act No. 35 of 2014, the parent is obliged to protect the mental and physical development of the child. And if the author is raised through the theory of criminal liability, the parent is the person most responsible. Thus, according to the author of the number of children who become drug addicts rehabilitated and imprisoned should be accompanied by a parent who participates become criminal offenders because they have neglected to keep her child. In accordance with Article 55 Paragraph (1) of Law No. 35 of 2009, parents have been deemed to know even though he did not know if his son became a drug addict, and if it does not do notable be subject to criminal sanctions in accordance with Article 128 of Law No. 35 of 2009. Second, the author also analyzes the juridical what if the parents have their own initiative to undertake rehabilitation treatment in private by not required to report to the authorities in accordance with Law No. 35 of 2009. On one side of the parents run the obligation to carry out rehabilitation treatment to children with do not nofitable due to negative stigma society and can be a delay in the child’s education according to the Law on the Protection of children