DEDIKASI JURNAL MAHASISWA
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IMPLEMENTASI SISTEM PERADILAN BERBASIS ONLINE (E-COURT) DITENGAH PANDEMI COVID 19 DALAM PENYELESAIAN PERKARA PERDATA OLEH ADVOKAT DI PENGADILAN NEGERI SAMARINDA
Full text linkABSTRACTSupreme Court Regulation Number 1 of 2019 or hereinafter abbreviated as PERMA Number 1 of 2019 is a revision of the previous Supreme Court Regulation, namely: Supreme Court Regulation Number 3 of 2018 concerning the Administration of Cases in Electronic Courts. service needs that are easier, cheaper, and more efficient. This service requirement is difficult to achieve without the support of information technology. Especially during a pandemic like now, the presence of PERMA is expected to be one of the answers to several problems faced by the community.The formulation of the problem in this study is what is the legal basis for the application of e-court by advocates in the settlement of civil cases in the general court in the city of Samarinda and how is the application of e-court by advocates in the settlement of civil cases at the Samarinda District Court. The type of research conducted by researchers is research that uses empirical juridical research methods where researchers can collect data through interviews.From the results of this study, it can be concluded that the e-court that occurred at the Samarinda District Court has met the effectiveness and is based on the law in a case that is more effective and efficient. Indicators of the effectiveness of e-court in this case can be seen from the fulfillment of a judicial institution that is simpler, faster, and cheaper when compared to the ordinary legal process. In litigation cases through e-court, both parties seeking justice and the court concerned get better benefits than litigation in the usual way, which can be seen from a simpler process, faster time so that from both cases the costs incurred are also more. spent. easier for justice seekers and also easier for advocates in the judicial process.Keyword : Justice System, E-Court, Samarinda District Cour
PELAKSANAAN PERJANJIAN KERJASAMA PENGANGKUTAN BAHAN BAKAR MINYAK BIO SOLAR ANTARA PT PLN (PERSERO) UNIT PELAKSANA PELAYANAN PELANGGAN DENGAN PT RATAH INDAH DI SAMARINDA
Full text linkABSTRACT Transportation as an agreement is always preceded by an agreement between the carrier and the shipper. In the transport agreement, the carrier can be said to have acknowledged receiving the goods and undertakes to bring them to the designated place and deliver them to the addressed person. Some of the problems that arise in this study are how the implementation of the Bio Solar Oil Fuel (BBM) transportation agreement and what problems arise in the implementation of the Bio Solar Oil Fuel transportation agreement between PT PLN (Persero) Unit Pelayanan Pelaksana Pelanggan with PT Ratah Indah of Samarinda.The approach method used is a sociological juridical approach. This juridical-empirical research approach uses secondary data as the initial data, which is then followed by primary data. Primary data were obtained by field research, such as direct observation of the implementation of the cooperation agreement for the transportation of Bio Solar fuel. While secondary data is obtained through primary legal materials, secondary legal materials, and tertiary legal materials. The data collection tools used in this research are document studies and interviews, which are then analyzed qualitatively.Based on the results of the study, it is known that the implementation of the transportation cooperation agreement between PT PLN (Persero) Unit Pelayanan Pelaksana Pelanggan with PT Ratah Indah of Samarinda has been carried out in accordance with the agreement that has been agreed by both parties, which contains the rights and obligations between the two parties as well as technical procedures for the implementation of the work starting from the stage of transportation, acceptance, testing, and measurement. The problem of delays in the delivery of Bio Solar fuel in principle is determined by the weather conditions at that time, based on real conditions in the field, the incident is included in the result of force majeure, this is evidenced by PT Ratah Indah with a written letter from the Samarinda Department of Transportation, so that all delays or failures will not result in a claim for compensation for losses suffered by other parties and is related to the difference in volume between the amount of Bio Solar fuel listed in the Bill of Loading (B/L) or Loading Order Liters 15°C with a physical received by PT PLN, then the shortage is the responsibility of the Carrier and must replace the difference/shortage of Bio Solar BBM within 7 x 24 hours. Keywords: Agreements, Transportation, Bio Sola
PERLINDUNGAN HUKUM TERHADAP STATUS KEWARGANEGARAAN ANAK HASIL DARI PERKAWINAN CAMPURAN BERDASARKAN UNDANG-UNDANG NOMOR 12 TAHUN 2006 TENTANG KEWARGANEGARAAN
Full text linkABSTRACT Marriage is a bond that shows the relationship between one person and another. With the existence of Law Number 12 f 2006 concerning citizenship of the Republic of Indonesia which imposes dual citizenship only until the child is 18 years old or married, after which he must choose one of the nationalities of his choice.The enactment of Law Number 12 of 2006 concerning citizenship where if a child wants to get legal protection of a country. What is the citizenship status of children resulting from mixed marriages according to law number 12 of 2006 concerning citizenship and how are the civil rights of children resulting from mixed marriages according to the legal system in Indonesia. The method in this study uses a normative juridical research method based on the sources of legal material that will be studied by the author. The sources of legal material used include legislation related to the legal issues being handled. Keywords: Mixed Marriage, Dual Citizenshi
TINJAUAN YURIDIS TERHADAP ANAK BEDA AGAMA BERDASARKAN HUKUM ISLAM
Full text linkABSTRACTWith its diversity of culture, race, customs, and religions, Indonesia is faced with a variety of legal perspective issues, in this case, related to controlling the change of belief and inheritance. These view differences often create legal problems, especially when it comes to inheritance. In Islamic law, it is defined that the right of children with a different religion to claim their parents' assets after they die will be obstructed (hijab). This Islamic inheritance law is different from the Indonesian civil law. Therefore, it is interesting to examine the inheritance law according to Islamic law in Indonesia. This study employs a normative method that analyses data from both primary and secondary legal materials. This study aims to determinehow Islamic law applies to the juridical evaluation of children with different religions. This examination is crucial because children are the descendants and the successors of theirparents. However, at a time when religious differences complicate their inheritance right, it will become a serious issue. In Islamic law, it does not necessarily mean that children will lose their right to a legal review or their inheritance right. It has been explained in The Quran and Shahih Bukhari that children with different religions due to conversion are highly praised. It is also stated that children will inherit their parents' assets through a method of “gift” or giving someone a present while they are still alive.
TANGGUNG JAWAB DEVELOPER BAGI KONSUMEN ATAS PERJANJIAN JUAL BELI RUMAH DENGAN MEKANISME PERJANJIAN PERIKATAN JUAL BELI (PPJB)
Full text linkABSTRACTBuying a house usually begins with PPJB as a binder between the developer and the consumer. However, over time, the implementation has been in many portraits of mourning that often reveal the news in the country that disappoints the public as consumers. The low awareness and knowledge of consumers so that they have a greater risk of consumer rights. The problem raised in this paper is the responsibility of the developer to the consumer for the house sale agreement with the mechanism of the sale and purchase agreement (PPJB) and the efforts that can be made by the consumer if the developer does not implement the sale and purchase agreement (PPJB).The type of research used is normative juridical with a statute approach.The responsibility of the developer to the consumer is the loss suffered by the consumer as regulated in Article 19 of Law Number 8 of 1999 concerning Consumer Protection. The developer is also responsible for correct information as well as building quality assurance. The developer's responsibility does not end there, during construction to the maintenance period the developer is also responsible for the quality of the building until the end of all sale and purchase binding agreements and the efforts made by consumers if the developer is unable to carry out the sale and purchase agreement (PPJB), namely, The first step is to ask the developer for existing problems, it can call or reprimand the developer. If it is not from the developer, it can file a lawsuit with the local district court. Keywords: Responsibility, Sale And Purchase Agreement, Develope
OPTIMALISASI PEMBINAAN NARAPIDANA PEREMPUAN SEBAGAI UPAYA MENCEGAH TERJADINYA RESIDIVIS DI LEMBAGA PEMASYARAKATAN PEREMPUAN KELAS IIA SAMARINDA
Full text linkABSTRACTOne of the things that destroys the community system is the existence of criminals - recurring criminals or what is commonly known as recidivists. These criminals usually repeat the same crimes, even though he has already been sentenced.The type of research that the author uses is empirical juridical research, which is a type of empirical juridical research, or what is called field research, which examines the applicable legal provisions and what happens in reality in society.The results of the study stated that the guidance carried out by the Class II A women's penitentiary Samarinda was not yet effective, but the handling was in accordance with Law Number 12 of 1995 concerning Corrections, which implementation was regulated by Government Regulation No. 31 of 1999 concerning Guidance and Guidance of prisoners and the obstacles faced by the Class II A women's penitentiary Samarinda in an effort to prevent recidivists from occurring are the insufficient number of security officers, the number of assisted residents (residents) that exceeds the capacity, facilities / infrastructure, human resources , marketing the results of limited skills, culture and society, funds, and social and economy. Keywords: Guidance, Prisoners, and Rescu
ANALISIS PERIZINAN PERKEBUNAN KELAPA SAWIT PT. EQUALINDO MAKMUR ALAM SEJAHTERA
Full text linkABSTRACTION During this Covid-19 pandemic, the Oil palm plantations are one of the mainstays of a superior community in order to support the development of the Indonesian national economy by opening up wide-open job opportunities. Indonesia has various wealth products that can improve the welfare of the people in order to increase regional income. In line with Law Number 32 of 2009 concerning Environmental Protection and Management, it is explained that “every business and or activity that has an important impact on the environment must have an Amdal. the formulation of the problem in this study How to analyze the environmental impact on oil palm plantations of PT. Equalindo Makmur Alam Sejahtera and what are the legal consequences for the environmental impact of PT. Equalindo Makmur Alam Sejahtera.This type of research is a type of empirical legal research, empirical legal research is oriented to primary data (research results in the field). The qualitative approach is carried out by conducting direct research in the field, namely by describing the special treatment of the Environmental Impact Analysis of oil palm plantations at PT. Equalindo Makmur Alam Sejahtera, as well as conducting interviews with several respondents who were deemed able to provide information.The result of this research and discussion is that PT. Equalindo Makmur Alam Sejahtera has conducted socialization regarding the company's AMDAL. In the event that it is not certain whether PT. Equalindo Makmur Alam Sejahtera has or not an AMDAL or Environmental Permit related to the oil palm plantation business being carried out. And the result of the environmental impact is the company's administrative sanctions in the form of termination of business licenses. Keywords: Environmental Impact Analysis, Legal Consequences, Oil Palm Plantatio
PEMBATALAN PERKAWINAN AKIBAT HUBUNGAN SESUSUAN DITINJAU BERDASARKAN KOMPILASI HUKUM ISLAM
Full text linkABSTRACTMarriage is one of the important things in human life, especially in social life. Basically, marriage has a long-term goal, as is the desire of humans themselves in order to foster a harmonious, peaceful and happy life in an atmosphere of love from the two types of creatures created by Allah SWT, realizing a marriage, of course there are requirements and prohibitions. - prohibitions that must be known by both parties who will enter into a marriage for the sake of the validity of the marriage. That is, if the marriage is carried out without paying attention to what are the conditions and prohibitions of marriage, then the marriage is considered invalid and can be canceled. Law Number 1 of 1974 concerning Marriage and Article 70 of the Compilation of Islamic Law, namely the prohibition of marriage between siblings.The type of research used is normative legal research or library law research because it is in the form of secondary data such as legislation and literature books. From the results of the study, it was concluded that in Islamic law marriage annulment can occur due to two things, namely there are things that cancel the marriage contract that is carried out, and there are new things that are experienced after the marriage contract occurs and the temporary marriage relationship takes place, Breastfeeding marriage is prohibited by law religion and also by state law because breastfeeding marriages are marriages that occur between a man and a woman where both breastfeed on the same mother so that they are called breast-feeding siblings. As for the legitimacy of the legitimacy of a marriage in which both parties are still bound by a breastfeeding relationship in terms of the Compilation of Islamic Law, Breastfeeding marriages that have been or are in progress are invalid or invalid bylaw and the law of the marriage is unlawful, so that the marriage can be annulled. or in other words, the breastfeeding marriage can be annulled because the marriage has taken place, it is confirmed in the Compilation of Islamic Law Article 39 number 3 letter c of the Compilation of Islamic Law. In accordance with the conclusions above, it is hoped that people who are considered to know or understand the law if they can help disseminate information about breast- feeding marriages starting from the scope of the family and the community around where they live, also the government is more stringent in conducting inspections of data before marriage, namely regarding the status of marriage. and the validity of the data of each party who will carry out the marriage so that unwanted things do not happen, such as requests to cancel the marriage. Key words: Breastfeeding Marriage, Cancellation of Breastfeeding Marriag
TINJAUAN HUKUM PEMBENTUKAN BADAN USAHA MILIK DESA (BUMDES) DITINJAU DARI UNDANG-UNDANG NOMOR 6 TAHUN 2014 TENTANG DESA
Full text linkABSTRACTLaw Number 6 of 2014 concerning Villages raises hope for the progress of the Village to increase its role in the economic system. Village-Owned Enterprises are regulated in CHAPTER X Article 87 paragraph 1 of Law Number 6 of 2014 concerning Villages, stating "Villages can establish Village-Owned Enterprises called BUMDes". In the Formation of Village-Owned Enterprises in Indonesia, there are still many villages that have not been able to form and do not understand how to establish Village-Owned Enterprises that have been mandated by the Village Law.The problem raised in this paper is how the process of forming a Village-Owned Enterprise is and what factors cause failure in the formation of a Village-Owned Enterprise. The type of research used is normative juridical research, based on researching library materials or secondary data consisting of primary legal materials, secondary legal materials and non-legal materials.The results showed that the process of forming a village-owned enterprise was carried out with the Village Deliberation to determine the name of the village-owned enterprise, select the board of directors, design and establish village regulations and articles of association, then register the village-owned enterprise at the ministry that carries out government affairs in the legal field. and human rights to obtain a legal entity certificate. Factors that cause failure in the formation of Village-Owned Enterprises are forming village-owned enterprises by trial and error without proper study, determining or choosing which business to run even though they do not master the chosen business, ending up giving up and being afraid to repeat, weak human resources and the limited basic infrastructure of a village
PERTANGGUNGJAWABAN OKNUM NOTARIS DALAM TINDAK PIDANA TURUT SERTA MELAKUKAN PENGGELAPAN SERTIFIKAT
Full text linkABSTRACTA Notary is an ordinary person who in carrying out his duties may deviate from the applicable legal rules.The method used in this research is normative, which examines and relates criminal acts committed by a notary with the concept of legal principles and elements of criminal acts based on the Criminal Code (KUHP) and the Law on Notary Positions (UUJN).The purpose of this study is to find out how the responsibility of notaries in criminal acts of participating in embezzlement of Property Rights Certificates based on Court Decisions and how the legal consequences of criminal convictions participate in embezzling Property Rights Certificates by notaries who have permanent legal force against the implementation of the position of a Notary and Notary code of ethics.The result of this research is that although the Notary Position Act (UUJN) does not regulate the existence of criminal sanctions against a Notary, it does not mean that a Notary as a public official is immune from the law. If a Notary in carrying out his duties is proven to have committed a crime and fulfills its elements, a Notary can be sentenced to criminal sanctions in accordance with the crime he has committed, which will refer to the Criminal Code (KUHP).Criminal responsibility for embezzlement committed by a Notary, namely a Notary will be given a prison sentence if he has fulfilled the elements of a criminal act of embezzlement as stipulated in Article 372 of the Criminal Code in conjunction with Article 55 paragraph (1) first.The legal consequences received by a Notary if he commits a criminal act and has permanent legal force with imprisonment for less than 5 (five) years, the Notary can still continue his profession as a Notary as long as he is not dishonorably dismissed by the Ministry of Law and Human Rights. Keywords: Accountability; embezzlement; Notar