DEDIKASI JURNAL MAHASISWA
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TINJAUAN MASALAH PENERAPAN SANKSI ADMINISTRASI TERKAIT REKLAMASI PASCA TAMBANG BERDASARKAN PERATURAN PEMERINTAH NOMOR 78 TAHUN 2010 DI KECAMATAN SILUQ NGURAI KABUPATEN KUTAI BARAT.
Get PDFABSTRAK Tinjauan Masalah Penerapan Sanksi Administrasi Terkait Reklamasi Pasca Tambang Berdasarkan Peraturan Pemerintah Nomor 78 Tahun 2010 Di Kecamatan Siluq Ngurai Kabupaten Kutai Barat. Di Bawah bimbingan Kunti Widayati, S.H, M.H, dan Malik Ibrahim, S.H, M.H. Masalah yang timbul pada kegiatan pertambangan adanya kerusakan lingkungan yang terjadi akibat kegiatan pertambangan dimana banyak sekali lahan galian yang terbuka menganga dan tidak di reklamasi dan pasca tambang oleh perusahan pertambangan. Adapun rumusan masalah yaitu bagaimana penerapan sanksi administrasi bagi pemegang izin usaha pertambangan yang tidak melaksanakan reklamasi pasca tambang dan bagaimana upaya pemerintah daerah pasca tambang terkait dengan reklamasi pasca tambang. Hasil penelitian ditemukan bahwa sanksi yang diberikan pemerintah daerah terhadap perusahaan pertambangan yang tidak melaksanakan kewajibannya untuk melaksanakan reklamasi dan pasca tambang adalah sanksi administrasi berdasarkan Peraturan Pemerintah Nomor 78 tahun 2010 Pasal 50 yaitu peringatan tertulis, penghentian sementara kegiatan atau seluruhnya operasi pertambangan, pencabutan IUP, IUPK, dan IPR. Berdasarkan hal di atas diharapkan para pimpinan dan kepala inspektorat tambang perusahaan untuk melakukan reklamasi pasca tambang sesuai Undang-Undang Nomor 4 Tahun 2009 Tentang Pertambangan Mineral dan Batubara serta Peraturan Pemerintah Nomor 78 tahun 2010 tentang Reklamasi dan Pasca Tambang
PERLINDUNGAN HUKUM TERHADAP PEKERJA PEREMPUAN YANG BEKERJA PADA MALAM HARI DITINJAU BERDASARKAN UNDANG-UNDANG NOMOR 13 TAHUN 2003 TENTANG KETENAGAKERJAAN
Get PDFAbstractWomen workers in the industrial and economic sectors who are vulnerable will get unfair protection for workers. Imbalance gender terms of remuneration such as family allowances that are only given to men is clearly seen versus women. Women with biological interests who need affirmative action. The problem in this study is the problem of protection for women workers who work at night and how the consequences for companies that do not provide legal protection for women workers who work at night between 23:00 to 07:00. Protection of female workers who work at night has a legal basis under the umbrella of Law No. 13 of 2003 concerning Employment. The method used in this study uses normative juridical research methods. Based on the results of the study, Protection of women workers who work at night has a legal basis under the umbrella of Law No. 13 of 2003 concerning Labor. Women workers who work at night are provided in the form of working hours protection, menstrual protection, pregnancy & childbirth protection, breastfeeding protection and salary protection. The consequences for companies that do not provide protection for women workers who work at night are regulated in Article 187 of Law No. 13 of 2003 concerning employment
PELAKSANAAN HUKUMAN TERPIDANA KORUPSI DI LEMBAGA PEMASYARAKATAN KELAS IIA SAMARINDA
Get PDFAbstract Correctionalism is essentially an idea in carrying out imprisonment while upholding the dignity and dignity of a human being. The treatment was intended to return prisoners to the community as good and useful people. To undergo the implementation system, community participation or participation is needed, either by organizing cooperation in coaching or by being willing to accept returning prisoners who have finished serving their crimes. The implementation and guidance that is applied in Correctional Institutions for corruption convicts is a person who has knowledge that is very high and has integrity. Therefore, this study aims to find out the implementation of knowing the execution of penalties for convicted corruption and to find out the guidance of corruption convicts in Correctional Institutions. The research method used in this study is a juridical-normative approach method, namely research conducted directly to the location of the study. With the research location at the Class IIA Penitentiary of Kota Samarinda on Jalan Jend. Sudirman No.15, Kota Samarinda, East Kalimantan. The types and sources of data used are primary data and secondary data. Based on the results of the research Likewise the execution of the convicts of corruption convicts was placed in detention in a prison institution, for guidance and punishment. The implementation of the sentence while in detention Correctional Institution runs all activities based on Pancasila in order to improve the quality of corruption convicts as prisoners to realize and not repeat mistakes, improve themselves not to repeat crimes so that they can be accepted again by the community, can actively play a role in development and can live naturally as a good and responsible citizen, while the implementation of guidance carried out on convicted corruption in practice, Until now Correctional Institutions do not have specific guidance guidelines for convicted corruption, so it still refers to guidance carried out on convicts, including general crimes . But in reality Correctional Institutions have problems because of differences. The difference here is not the difference in treatment, but the differences in characteristics between the convicted corruption and other convicts, both their economic level, education, and integrity. Keywords: Penitentiary, Implementation, Coaching, corruptio
EFEKTIVITAS DINAS TENAGA KERJA KOTA SAMARINDA SEBAGAI MEDIATOR DALAM PENYELESAIAN PERSELISIHAN HUBUNGAN
Get PDFAbstractThe importance of mediation as an alternative dispute resolution outside the court, as well as the ancestral culture of the Indonesian people who always prioritize deliberation at each problem solving for consensus. The research method used in writing this thesis is a normative juridical method and empirical juridical. The writing of this thesis refers to the theory of organizational effectiveness and based on the mediation mechanism regulated in Law No. 2 of 2004 concerning Industrial Relations Dispute Resolution and Minister of Manpower and Transmigration Regulation Number 17 of 2014 concerning Appointment and Dismissal of Industrial Relations Mediators and Mediation Work Procedures. The results of the research and discussion in this paper indicate that the Samarinda City Manpower Office as a mediator has been quite effective in resolving industrial relations disputes. This can be seen from the data in the form of a table of results on the industrial relations dispute resolution especially in 2017 and 2018 layoff disputes where 72 cases can be resolved peacefully and reach agreement through collective agreements, while the cases completed with written recommendations are 39 cases . This opinion was also strengthened through the results of interviews with writers and several mediators who had sufficient experiences in carrying out their duties based on effective labor law and pre-supporting facilities. The obstacle for the Samarinda City Manpower Service mediator in resolving industrial relations disputes is the lack of clarity of information from inter-personal or one of the parties to the dispute, the difficulty of presenting inter-personal or one party to mediation, especially entrepreneurs who do not have a representative office in Samarinda City, completeness of data from the parties, indifferent attitude of some employers to labor legislation, and the involvement of other interested parties
TINJAUAN YURIDIS PERJANJIAN JUAL-BELI TENAGA LISTRIK ANTARA PT PLN DENGAN PELANGGAN
Get PDFAbstractIncreasingly diverse electricity needs make the government obliged to make proper arrangements in the implementation of electrical energy distribution, so the government needs to appoint a State-Owned Enterprise (BUMN) named PT. The State Electricity Company which is often referred to as PT. PLN (Persero). PT PLN (Persero) as the electricity manager appointed by the government continues to improve in providing services to the community until now PLN continues to strive to meet people's needs for electricity by issuing various existing electrical service products, it is hoped that the need for electrical energy in Indonesia can be fulfilled to the maximum. maybe. Problems that occur in subscribing to electricity, both technically and administratively, are most often carried out by the community through the services of third parties (installers registered with PLN and installers who are not registered with PLN), because they want to get fast service. As a result, in addition to the high costs due to installers asking for additional services, people are also often victims because the expected fast service is also not fulfilled and there is a lot of public electricity supply that is not registered or not officially at PLN (Illegal). In practice, PT PLN as a provider of electricity in accordance with the mandate of Law No. 8 of 1999 concerning consumer protection is obliged to provide clear information on traded goods or services
KETENTUAN HUKUM TERHADAP ANAK PELAKU PENYEBARAN HOAX MELALUI MEDIA SOSIAL MENURUT SISTEM PERADILAN PIDANA ANAK
No full textAbstractThe advancement of information and communication technology especially in social media applications such as Facebook, Intagram where most users are children, at least 30 million children as internet users as their main channel of communication. Illegal acts in cyberspace is a very worrying phenomenon, considering carding, hacking, fraud, terrorism and destructive information dissemination (hoaxes) have become part of the activities of perpetrators of cyber crime.The incomplete maturity of children's thinking to process information is vulnerable to being provoked and spreading hoax news on social media. Child delinquency is also referred to as Juvenille Deliquency or referred to as a disabled child. Examples of cases that are rampant occur the circulation of abduction issues spread by 16-year-olds by posting on their Facebook groups.Criminal Provisions in Law Number 11 Year 2008 concerning Information and Electronic Transactions Article 45 Paragraph (2) states that everyone who fulfills the elements referred to in Article 28 paragraph (1) and (2) is punished with imprisonment of a maximum of 6 years and / or a maximum fine of 1,000,000,000.00 (one billion rupiah).The results of the study and discussion are known that Based on the Child Criminal Justice System Act, a child who commits a crime spreads false news or hoaxes through an investigation and is seen from the criminal provisions offenses under 7 years will seek a diversion process, namely the transfer of settlement of child cases from criminal justice processes to processes outside of criminal justice
PELAKSANAAN DIVERSI TERHADAP PELAKU TINDAK PIDANA NARKOTIKA DI BAWAH UMUR DI POLRES KUTAI TIMUR
Get PDFABSTRACT Children are a mandate from God Almighty, which is inherently inherent in dignity and worthy of being upheld as whole human beings because children are the next generation of the nation and have a very important role to lead and advance the nation. The important role carried by children is what makes parents, the community and even the government must guarantee the lives of children. In this case the state has an obligation to guarantee the rights of every child to their survival, growth and development as well as the right to protection from violence and discrimination. Children as criminals must take responsibility for their actions. This must be done so as to provide lessons to children, so that in the future the child does not repeat the same mistakes. Punishing children must pay attention to aspects of child development and the best interests of the child. Children who have committed crimes must remain protected and pay attention to their rights so as not to interfere or even damage the child's growing up period. This is what underlies the formation of the juvenile justice system. Diversity in essence also has the goal of avoiding children and the negative impact of criminal application. Diversion also has the essence of ensuring that children grow and develop both physically and mentally. Judging theoretically from the concept of the objective of punishment, the transfer of the process and the judicial process to the non-judicial process of children who commit narcotics abuse will be seen as relevant. Based on the reasons for selecting the titles described above, the problems in this thesis are as follows: (1) What is the legal position of diversion for underage narcotics offenders in East Kutai Regional Police? (2) What are the obstacles faced by the police in implementing diversification of minors as narcotics offenders? Then it can be concluded (1) The legal position of diversion against children of narcotics abusers in the perspective of the development of criminal law is a non-penal policy measure for handling children who commit child crime, because its handling is diverted from the path of the juvenile justice system. Diversi departs from the assumption that the process of handling minors through the juvenile justice system is more likely to be negative than positive for children's development. With regard to handling children as narcotics abusers, the main problems arising from the juvenile criminal justice process or a criminal verdict are the Stigma attached to convicted of narcotics abuse after the completion of the criminal justice process. The tendency of increasing child abuse of narcotics, encourages efforts to deal with and deal specifically with it in the field of child criminal law. The concept of diversion that is regulated in the Criminal Justice System in Indonesia is to place an obligation to diversify in each stage of the judicial process (investigation, prosecution and trial). (2) Lack of coordination between agencies implementing the diversion that one of the obstacles to the implementation of the diversion in the East Kutai Police Station is the lack of Community Guidance personnel, namely only a few PK personnel handling client children with Bapas working area coverage reaching 18 districts, as well as the time of child detention. short. and Lack of public confidence in the rules of implementing diversion. Even though it has been regulated in the law, the idea of diversion is still hindered by the views of the people who tend to distrust and without thinking about the impact that will be faced by the child. Diversion is a very important policy applied to protect children from the formal justice process. However, sometimes the authorities still hesitate to run it. This is because the demands of the community, politics, or others are considered by the authorities. Officials are also afraid of being blamed if the child repeats his actions later. The public is also still pessimistic about the diversion policy of the authorities which will harm the interests of certain parties. Keywords: Diversity, Children of Criminal Acts, Narcotic
PERTANGGUNGJAWABAN PIDANA TERHADAP PELAKU KEJAHATAN PROSTITUSI ANAK MELALUI TRANSAKSI ELEKTRONIK BERDASARKAN UNDANG-UNDANG NOMOR 19 TAHUN 2016 TENTANG INFORMASI DAN TRANSAKSI ELEKTRONIK
Get PDFAbstract Advances in technology and information have a positive influence on the development of social and economic activities in the world community. However, the development of technology and information not only has a positive influence, but also a negative influence. This negative influence can be seen along with the emergence of new criminal acts, namely cyber crime, which is in the form of prostitution carried out online. Regulations regarding the prohibition of online prostitution have been clearly formulated in positive Indonesian law, namely in the Criminal Code, Law Number 11 Year 2008 Regarding Information and Electronic Transactions, and Law Number 44 Year 2008 Concerning Pornography.But enforcement in this case is very difficult to do, because in online prostitution transactions that cross borders (bordeless
PERANAN SAKSI KORBAN TINDAK PIDANA PERKOSAAN PADA TINGKAT PENYIDIKAN
Get PDFABSTRACTModernization of information technology turned out to have a positive and negative impact on society. The positive impact of course is that we will easily get information so that we can always follow the changes, both of which occur from all corners of the country to all corners of the world. Rape can occur due to various reasons, such as the vengefulness of the perpetrator of the victim, because the offender's revenge on a woman so that another woman becomes the target of his anger, the victim compensates for feeling depressed or stressed over the various problems he faces due to environmental stimuli or pornographic images and because the perpetrators desire to channel their sexual urges that they cannot hold, also because they are supported by environmental conditions and conditions as well as perpetrators and victims that allow rape. In the process of investigating criminal acts of rape, victim witnesses have a very important role. This can be seen by reports from victim witnesses to the police about the rape crimes they experienced. Legal protection against witnesses of victims of rape at the investigation level is to provide a special room at the police station when giving testimony and their identity must be kept secret. Modernization of information technology has had a positive and negative impact on the community. The positive impact of course is that we will easily get information so that we can always follow the changes, both of which occur from all corners of the country to all corners of the world. Rape can occur due to various reasons, such as the vengefulness of the perpetrator of the victim, because the offender's revenge on a woman so that another woman becomes the target of his anger, the victim compensates for feeling depressed or stressed over the various problems he faces due to environmental stimuli or pornographic images and because the perpetrators desire to channel their sexual urges that they cannot hold, also because they are supported by environmental conditions and conditions as well as perpetrators and victims that allow rape. In the process of investigating criminal acts of rape, victim witnesses have a very important role. This can be seen by reports from victim witnesses to the police about the rape crimes they experienced. Legal protection for witnesses of victims of rape at the investigation level is to provide a special room at the police station when giving a testimony and their identity must be kept confidential Keywords: Role of Victim Witnesses, Rape, Samarinda Police, Investigatio
PENEGAKAN HUKUM TERHADAP PROSES HUKUM PEMBUKTIAN TERBALIK TERBATAS DALAM PERKARA PIDANA KORUPSI
No full textABSTRACT Regarding the effectiveness of inverse evidence cannot be explained with certainty. This is because in general the juridical rule that this applies to everyone who is ensnared or becomes a defendant is given the opportunity to prove. According to research, usually in terms of proof, the defendant can say that his wealth is obtained from inheritance or grants. So in this case the relationship between the prosecutor and the defendant in the verification. In investigating corruption cases the obstacles faced are usually at the time of verification, because in this case it is very risky and complicated and to say certainty in this case it is necessary to have an expert witness who is expected to help. So even though there is a corruption case, it cannot necessarily be that the investigator immediately says that there is a state loss, but the investigator must carefully handle and overcome it. In the case of reversing proof the obstacles that exist include investigators to find the criminal offense of the defendant and to file offenses find difficulties if if it turns out in the process is not true. Reverse proof is the right of the suspect to defend himself for the accusation based on the evidence. Administratively, the obstacles that exist are among others in the handling of notification letters to the local government, where in this case the regional level must be known by the governor, and for the central level must be known by the president. Besides the above, it is burdensome to get preliminary evidence in conducting an investigation. Keywords : evidentiary law, corruptio