DEDIKASI JURNAL MAHASISWA
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PERAN BADAN PERTANAHAN NASIONAL DALAM PEMBERIAN HAK MILIK ATAS BIDANG TANAH DI KOTA SAMARINDA
No full textABSTRACT AJI MUHAMMAD ARIO KUSUMA WARDANA, NPM. 13.11.1001.1011.052, THE ROLE OF THE NATIONAL LANDING AGENCY IN PROVIDING THE PROPERTY RIGHTS ON THE LAND SQUARE IN SAMARINDA CITY. Faculty of Law University August 17, 1945 Samarinda East Kalimantan. Legal Writing (Thesis). 2017. The purpose of this research is to know clearly how the role of National Land Agency in the granting of land ownership rights in the city of Samarinda and also to know the constraints faced by BPN in a process of granting of property rights. This research is a descriptive type of research and also includes normative and empirical research. The research location is located at the office of the National Land Agency of Samarinda City. The type of data used is primary data sourced from the National Land Agency that is Mr. Warisito, SH directly about the secondary data BPN derived from the library and regulations related to the title of the thesis. Data collection techniques used are by conducting interviews directly and then compared with the rules of the Act. Data analysis used is qualitative analysis by comprehending and compiling data which have been obtained and arranged systematically, then drawn conclusion. Based on the results of my research, it can be concluded that BPN is very important in taking an active role in the process of granting land ownership rights. Within the property there is also a land registration. The granting of land rights and registration is contained in Regulation of the Head of BPN RI No.2 of 2013 on the delegation of land title authority and land registration activities. BPN also has various obstacles in its implementation. Some legal action due to errors in members of the legalization of property rights, but the BPN has a way of settling such as through mediation.Keywords: BPN, Hak Milik, Kota Samarind
TINDAKAN YANG DAPAT DIAMBIL NOTARIS / PPAT DALAM PEMBUATAN SURAT WASIAT GUNA MEMENUHI KEHENDAK PEWARIS (STUDI PADA KANTOR NOTARIS / PPAT INDAH SETIAWATI)
No full textABSTRAK Dalam melakukan tindakannya guna memenuhi kehendak pewaris, notaris hanya dapat bertindak sebagai wasit yang adil dan tidak boleh memihak dalam hal ada kesulitan dan keragu-raguan dari pewaris. Notaris wajib mengarahkannya dengan nasehat dan saran. Namun itu semua tergantung pada pewaris dan ahli waris, notaris tidak boleh menolak memberikan bantuannya apabila diperlukan. Notaris baru dapat menolak memberikan bantuannya dalam hal kehendak terakhir itu memenuhi syarat untuk dapat ditolak oleh notaris. Notaris dalam prakteknya sehari-hari selalu membuat surat wasiat dalam bentuk umum saja dengan alasan hanya dalam bentuk inilah notaris dapat mengawasi isi dalam surat wasiat yang dibuatnya, agar apa yang dikehendaki oleh pewaris tidak bertentangan dengan undang-undang atau dapat merugikan para ahli waris dalam garis lurus, juga surat wasiat umum ini dapat meringankan tugas serta biaya yang dikeluarkan oleh notaris apabila pewaris meninggal dunia
PELAKSANAAN KETENTUAN TENGGANG WAKTU PENDAFTARAN PERALIHAN HAK MILIK ATAS TANAH KARENA SEBAB PEWARISAN DI TINJAU MENURUT PASAL 61 AYAT (3) PP NOMOR 24 TAHUN 1997 DI SAMARINDA
No full textABSTRACS Pursuant to Article 61 paragraph 3 of Government Regulation No. 24 of 1997 states that: If a person has the right to land has died, the rights as heirs must register their rights in a grace period of 6 (six) months after the death of the person, not charged registration. Of the provisions of article above that the existence of legal events in the form of inheritance, it can be said that the heirs accept the transition of property rights as the heir must register their right transition to the Office of National Defense. In a grace period of 6 (six) months after the death of the testator must be registered, it is intended in order to issuance of new certificates on behalf of the heirs concerned and that certainty and legal protection for rights holders new property. The registration of transfer of rights for inheritance is done directly by the rights holder / or the heir to the Office of the National Land with accompanying documents must be satisfied that the respondent register transition of property rights for inheritance carried through the ravine as many as 18 respondents or 60% who make application through the intermediary of notary services as much as 9 respondents or 27%, and the register transfer of rights for the individual inheritance by 7 respondents or 19%
PERAN PENYIDIK DALAM PENERAPAN DIVERSI TERHADAP ANAK YANG MELAKUKAN TINDAK PIDANA DI WILAYAH POLRESTA SAMARINDA
No full textABSTRACT In national law the special protection of children in conflict with the law also stipulated in the Child Protection Act 23 of 2002 and Act No. 3 of 1997 on Juvenile Justice. However, in practice there are still many issues that arise, especially in the case of children in conflict with the law. Therefore, one solution that can be used is with the implementation of diversion (diversion) or with restorative justice, where the police are the frontline in its implementation.These researchers using research methods normative and juridical sociological. The data used are primary data obtained from field studies and secondary data from literature. A field study conducted by interview, The results of the study, that the implementation of diversion based on the poor handling of the children in conflict with the law and the best interests of the child based on the International Rules and National Regulations, such as Law No. 2 In 2002, TR Kabareskrim and Agreements 5 (five) and Police departments.In the implementation of diversion investigator plays an important role, one of which is a major gateway entry of pediatric cases. But the implementation is found several barriers such as lack of socialization regarding the diversion of good to the investigator, the public and other relevant institutions. So that the implementation is less effective. Besides, the rules are also not able to guarantee the implementation of the diversion.In that respect the advice that can be given include the implementation of a thorough socialization at all levels within the police without exception and related parties, as well as clarifying and strengthening the implementation of the diversion in a government regulation.Keywords: Investigator, Diversion, Children in Conflict with the La
FUNGSI ITIKAD BAIK DALAM PERJANJIAN PINJAM MEMINJAM UANG PADA KOPERASI SERBA USAHA KALIANUSA DI TINJAU DARI PASAL 1338 AYAT (3) KITAB UNDANG - UNDANG HUKUM PERDATA
No full textABSTRACT The function of good faith is very important because to restrict the arbitrary action against others who are vigilant and then to provide legal protection to the honest parties in the implementation of the agreement. Both parties must be acting in good faith in implementing the agreement. There are times when good faith has been fully carried out and considered, but the implementation of the agreement is still in deadlock (deadlock). This is where the attention is required towards compliance so that an event can be completed satisfactorily. Of course, as with all the goods things that contain award (waardering), compliance is not likely to result in a settlement of events that satisfy every man, but always is not absolute (relatief), which is worth in the thoughts and feelings of the people in charge of solving a events, such as the Judge or the Administration after the notice of all the factors, which can be used in the minds and feelings of the nature of it. With good faith and trust both parties. Then occurred close relationship between the doctrine of good faith in the implementation of the agreement and the theory of confidence at the time of the agreement. The good faith (Article 1338, paragraph 3) and appropriateness (Article 1339) is generally mentioned in the same breath, if the judge after examining the appropriateness of an agreement can not be implemented then it means that the agreement was contrary to public order and decency. Agreement is not only determined by the parties in the formulation of the agreement, but also determined by the good faith and decency, so in good faith and decency were also determines the content of the agreement. Thus a particular treaty agreement borrowing money if implemented not in good faith (in bad faith), then the agreement is contrary to public order and morality and legal norms in force. And the parties to the treaty shall avoid the execution of the agreement in bad faith. It happens then the harmed can file a judicial directive and protected by law
KONFLIK LAHAN PERKEBUNAN SAWIT DI DESA MUKTI UTAMA KEC.LONG MESANGAT KABUPATEN KUTAI TIMUR.
No full textABSTRACTThe purpose of writing this essay is to find out Peemasalahan between villagers Mukti Utama with PT.GSA (Gemilang Sejahtera Abadi) related to the cultivation of land hereinafter referred to as conflict / dispute in the opening or cultivation of plantation land and to know setatus land of the villagers of Mukti Utama Village.In the opening of the land, the residents demanded because the land is cultivated by PT.GSA (Gemilang Sejahtera Abadi) the land is owned by a legal person proven by important documents in the form of Land Status Certificate (SKKT) issued by Stakeholders / Customary Institutions in this case the Chief Customary Desa Mukti Utama.dan residents requested that the company recognize the existence of the land in accordance with Law No.32 on environmental protection and maintenance.Regarding the rules on land clearing, especially in the field of plantation has been regulated by Regulation of Minister of Agrarian No.2 About location permit and Regulation of Minister of Plantation No.140 Year 2007 concerning plantation permit, even in the rule have been explained if in land clearing or cultivation of company land it is mandatory to re-examine the permit to be socialized to the local community to synchronize the location permit permits granted by the government in this case the Government of East Kutai Regency in particular, In this case the company PT.GSA (Gemilang Sejahtera Abadi) which aims to prevent the occurrence conflicts / land disputes with local residents, but what happens on the part of the company does not heed the rules so that after the clearing of land there is overlapping of land and citizens demanded to the company and from the company promised to solve the problem of conflict / disput eta land that occurred with the villagers Mukti Utama
ANALISIS TENTANG PERMOHONAN PEMBATALAN PERKAWINAN MENURUT AGAMA ISLAM BERDASARKAN UNDANG UNDANG NO 1 TAHUN 1974 TENTANG PERKAWINAN
No full textAbstracts In the process the cancellation request in the religious marriage about calling, examination, and shall be made in accordance with the procedures of filling a divorce. The trial judge UDH examine the request for revocation of marriage no later than 30 (thirty) days after receipt of the latter/request, a decision which has obtained permanen legal force, the clarks are obliged to make a statement about the concellation of the marriage anddressed to employees registrar for holding registration of marriage annulment. Cancellation of marriage in article 28 paragraph (2) of low no. 1 of 1974 about the marriage states that the decision as not retroactive to : children who are born of the marriage. Husbands or wives who act ingood faith, except to the joint property, if the cancellation of marriage is based on the basis of another first marriage. The third person not included in (a) and (b) insofar as they acquire rights in good faith prior to the decision on the revocation has permanent legal force. Keywords : Annulment Of Marriage According To The Religion Of Islam, Marriage La
KEWENANGAN AYAH BIOLOGIS SEBAGAI WALI NIKAH TERHADAP ANAK LUAR KAWIN
No full textABSTRACT This thesis concerns with analysis of authority a biological father as the marriage guardian to illegitimate children. The purpose of doing this research are to know how the status of illegitimate children and rhe authority of their biological father depend on indonesian marriage law and four big madzab.The design of this research is descriptive qualitative design. The data collected by searching literature related to legislation, policy and opinion of the experts, and by reading and studying books and documents related to this research and legislation applicable. The data also collected by interview with people related to purpose of this study. In analyzing this research. The researcher used normative law approach. In this approach, the researcher observed and analyzed applicablelegislation to moeslem’s law. The researcher also implemented the regulation to solve the problem of status illegitimate children related to the authority of their biological father. This researcher was done at pengadilan agama samarinda for five working days
TINJAUAN YURIDIS TERHADAP PENGULANGAN TINDAK PIDANA PENCABULAN ANAK
No full textABSTRACTWIDIA FRANSISKA 13.11.1001.1011.181 Juridical Review on Repetition of Child Abuse Crime (Case Study of Decision Number: No. 797 / Pid.Sus / 2015 / PN.Samarinda) under the guidance of the Mrs.Kunti Widayati, SH, M.Humas mentor I and The Mr.SyamsulBahri, SH, M.Humas mentor II.This study aimed to determine the inspection process juvenile justice withthe accused who committed the crime of abuse is continued with the imposition ofcriminal sanctions and vocational training as well as basic consideration of thejudge in the verdict against the defendant. The method used is the normative legal research. Source material used lawis the primary legal materials and secondary law, in this research, it has been known that the judicial inspection process inaccordance with the provisions of LawArticle 82 of RI Law. 23 Year 2002 About Child Protection Jo. RI Law No.35 of 2014 on Amendment to Law No. RI. 23 Year 2002 on Child Protection Jo. Article 64 paragraph (1) of the Criminal Code and basic legalconsideration by the judge in imposing punishment to the accused children weredivided into the basis for judicial and non-judicial basis.Keywords : Process of Juvenile Justice, Crime molestatio
TANGGUNG JAWAB TERHADAP PENCEMARAN LIMBAH PERTAMBANGAN BATU BARA DALAM PERSPEKTIF PERDATA DAN PIDANA
No full textABSTRAK This research is an Empirical Juridical research. data retrieval using interview results, better management of environmental management, it is proposed that the management of the company for its performance against environmental management law is supervised by the role of the two elements of stakeholders, namely Government and society on environmental management. in accordance with the provisions written in Law No.32 of 2009 on Environmental Protection and Management and Government Regulation No. 101 of 2014 on Hazardous and Toxic Waste Management and RKL and RPL documents, but the observation results appear that there are still management activities that not well implemented, ie monitoring of animals and lakes whose water is below the quality standard. Keywords: Pollution of Coal Waste, Government Regulation Number 101 Year 2014 About Waste Management of Hazardous and Toxic Substance