DEDIKASI JURNAL MAHASISWA
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IMPLEMENTASI PERATURAN PRESIDEN NOMOR 19 TAHUN 2016 TERHADAP KEWAJIBAN KARYAWAN PERUSAHAAN MENJADI PESERTA BADAN PENYELENGGARA JAMINAN SOSIAL (BPJS)
No full textABSTRACT "Implementation of Presidential Regulation Number 19 of 2016 Against Obligations of Company Employees Being Participants Social Security Administering Board (BPJS)" This study was conducted to determine the procedure Social Security Administering Agency (BPJS) to employees of the Company as a participant BPJS and Implementation where in data collection, Normative methods from various literature sources such as library materials, Laws, Presidential Regulations that provide a very clear picture of the implementation of Presidential Regulation Number 19 of 2016 on the obligations of employees of the company to be a participant of the Social Security Administering Agency (BPJS). The results of the study indicate that based on Presidential Regulation Number 19 of 2016 concerning the Second Amendment to Presidential Regulation Number 12 of 2013 on Health Insurance all must submit and comply with the provisions in question. Employers are still there who have not implemented or violated because it is in need supervision and guidance by agencies related to the existence of sanctions that have been arranged. Keywords: Presidential Regulation Number 19 of 2016, Implementation, Company Employee, Social Security Administering Board (BPJS)
PELAKSANAAN PERLINDUNGAN ANAK TERHADAP KEKERASAN DI LINGKUNGAN SEKOLAH BERDASARKAN UNDANG-UNDANG NO. 35 TAHUN 2014
No full textABSTRACT DIAH INDAH NOVIANTI (13.11.1001.1011.243), "Implementation of Child Protection against Violence in School Environment Based on Law no. 35 Year 2014 ". Under the guidance of Kunti Widayati, S.H., M.Hum as mentors l and H. Syamsudin, S.H., M.Hum as mentors ll.The research is intended to find out the factors affecting the maltreatment of pupils conducted by the teacher and to find out the effort to overcome the maltreatment of the students conducted by the teacher in School Area in Samarinda City.This research is located at SMP Negeri 35 Samarinda. The research method used is Approach Method, Legal Material, Data Collection Technique and Data Analysis. In the field research the authors held direct interviews with teachers BK in SMP Negeri 35 Samarinda. This study then produced primary data and secondary data, then deductively and, presented descriptively.The result of the research shows that the factors that cause student abuse are done by the teacher in the school are: the student factor itself, the teacher factor, the educational system factor and the culture of the society itself. Lack of teacher awareness to solve the problem by deliberation.Efforts taken to tackle student abuse by teachers in the school environment in Samarinda include: Prosecution of legal proceedings for perpetrators of violent crimes against children, processing of suspects in accordance with applicable rules, severe penalties or sanctions for suspects, Held coaching both in the school environment and in the community, legal counseling to teachers and the community and provide an understanding of the importance of muasyawarah in solving problems
UPAYA PENYELESAIAN BANK UNTUK MENGATASI PENYIMPANGAN BAIK YANG DILAKUKAN OLEH PENERBIT MAUPUN PEMEGANG KARTU KREDIT
No full textABSTRACT Irregularities in the use of credit cards that can be distinguished by behavior, namely: Deviations made by the card holder; Deviations made by merchants.Bank efforts to overcome various deviations either by card holder or merchant, among others are: To overcome the use of credit cards that exceed the credit limit made with transactions under the floor limit, the Issuer (bank) for the first time will give a warning to card holders not to use credit cards that exceed the credit limit, even if the card holders have sufficient funds. If the violation of the credit limit is exercised even if the warning has been given three times, the issuer (bank) may cancel the card and put it in the blacklist and the card holder shall be obliged to pay off all outstanding obligations; To overcome the frequent late card holder in paying his account bills, Issuer (bank) will give a warning to card holder.dengan give a penalty for late paying the account; Efforts or steps taken by the bank to tackle the actions of the merchant to make a higher price on the card holder are: The Bank for the first time will give warning to the merchant not to commit the infringing act. If the transaction deal is still committed by the merchant, then the issuer (bank) will further impose sanctions. The last attempt by the issuer (bank) is the cancellation / termination of the agreement; Efforts or steps taken by banks to solve merchant actions to duplicate sales draft or fictitious transaction are: Bank will give warning to the merchant and accompanied by sanction that will refuse payment of fictitious transaction if the fictitious transaction bill has not been paid by issuer. If the fictitious transaction bill has already been paid by the issuer and signed in the card holder bill account whose name and credit card number is used in the fictitious transaction, then the issuer (bank) will deduct / refund the invoice already paid by the issuer. If the invoice or fictitious duplication is repeated many times, it will be unilaterally terminated by the issuer (bank). In addition to the first way, the issuer (bank) can file a lawsuit to the District Court.Forms of legal protection against the parties in issuing credit cards include: Forms of legal protection for card holder in case of loss of credit card. By having a credit card by the card holder, then the card holder has the right to conduct transactions with the merchant. In the use of credit cards is not closed the possibility of credit card is los
TINJAUAN YURIDIS TERHADAP KEGIATAN USAHA PASAR MALAM DI AREAL BAHU JALAN SIRADJ SALMAN KECAMATAN SAMARINDA ULU KOTA SAMARINDA DALAM KAITANNYA DENGAN UNDANG-UNDANG NOMOR 22 TAHUN 2009 TENTANG LALU LINTAS DAN ANGKUTAN JALAN.
No full textAbstract Gusti Harianti 1311.1001.1011.276, A juridical review of night market activities in the shoulder area of Siradj Salman road sub-district of Samarinda Ulu, Samarinda City in relation to law number 22 of 2009 year about Concerning Traffic and Road Transport. Under the quidence of Ony Rosifany SH.M.,Hum as mentor I and Syamsu Bahri as lecturer II. The purpose of this research is to know the arrangement of night market at Siradj Salman Street, Samarinda Ulu sub-district Samarinda City which use road shoulder and night market that happened at Siradj Salman Street, Samarinda Ulu subdistrict can block traffict from Law Number 22 year 2009 about Traffic and Road Transport. The research is located at Siradj Salman street sub-district Samarinda Ulu RT 19 Samarinda city by using this type of research in the writing of this law is juridical legal research empirical. The type of data used is primary data and secondary data. While data collection techniques are carried out through observation process of night market location and library study. Data analysis used is by qualitative normative analysis. Based on the result of research, obtained the conclusion that is: first to meet the financing of the region it self then each region should be able to raisa funds for the amount of sustainable devolopment. Devolopment will run well it supported by the cost and human resources as well. Determination of retribution refer to the regional regulation of Samarinda city Number 22 of 2006 on the retribution of the market provides an opportunity to the Government to collect fees at the night. The acceptance of the retribution will definitely add also the original income of the Samarinda city. Second Implementation of Law Number 22 of year 2009 on the Road Traffic and Transportataion in article 43 on parking facilities to be applied. Thus, Traffic constraints ie congestion in the area of the night market can be anticipated with the action of supervision by the city Goverment continously so that area use of smoothness, order and security at the location of the night market. KEYWORDS : night marke
TINJAUAN YURIDIS TENTANG PENGAWASAN MASYARAKAT TERHADAP APARATUR SIPIL NEGARA YANG MELAKSANAKAN TUGAS DALAM PRAKTEK
No full textABSTRACT Supervision is an important aspect in the management of the state apparatus in order that all the tasks, functions, and programs run by the government can function properly. Supervision function also affects the performance because the regulatory process to control the implementation of policies that have been set. Therefore, in order apparatus or government official can achieve good performance will require better oversight function anyway. Through a policy of good supervision and guidance, it is expected that the performance of civil servants that are currently considered weak, particularly in the field of control supervision, can be increased its capacity in order to build a more competitive bureaucratic infrastructure. Methods of public scrutiny of the civilian apparatus of the State in East Kalimantan is the Supervision of the ASN in carrying out the public service through implementation of repressive juridical supervision. This repressive judicial oversight consists of (1) monitoring through pure justice, (2) monitoring through moot court and (3) oversight through an independent agency that is Ombudsman.2. Effect of control methods applicable to the performance of the apparatus is a civil country with their level of performance of the Civil Service wherever they work quantitatively and qualitatively influenced by various factors. These factors can be grouped into two main groups namely factor that comes from within man himself and the factors that come from outside of man. Keyword : Supervision, Apparatus Civi
KEDUDUKAN TERSANGKA DALAM PROSES PENYELIDIKAN DAN PENYIDIKAN TERDAPAT PELANGGARAN HAK-HAKNYA DILIHAT DARI ASPEK HUKUM PIDANA
No full textABSTRACTThis study examines and addresses issues concerning the role of legal counsel in the investigation process; as well as the constraints faced by legal counsel in carrying out the defense in the investigation process.This study includes a descriptive type of empirical legal research. Research data using primary data and secondary data, primary data is original data obtained by researchers from the first hand from the main source in this case data obtained by the author from field research or research directly at Samarinda Police Station and then also to the Legal Counsel who accompany suspect to know its role in process of investigation, secondary data is data obtained by researcher from library research and documentation which is result of research and processing of others who have been willing in the form of books or documentation usually provided in library. Sources of data in this study are secondary data sources consisting of primary legal materials, secondary legal materials, and tertiary legal materials. Data collection techniques used are interview (interview) and literature study. Data analysis technique used is a qualitative data analysis that is a research procedure that produces analytical descriptive data that is what is expressed by respondents in writing or oral, and also the real behavior is researched and studied as something intact.The role of legal counsel in the investigation process that includes how the case of his position, because in the case of the position is threatened with the punishment of five years and above then must be accompanied by legal counsel. The legal advisor who accompanied the suspect was appointed by the investigator of the Samarinda Police Resort through a letter of appointment which essentially contained a request to assist the suspect in the investigation process. Then on how the role of legal counsel in the investigation process that includes the rights, obligations, authority, steps, and actions in accompanying the suspect in the process of investigation. Then explained about the constraints faced by legal counsel in carrying out the defense in investigation process at Samarinda Resort Police. Whereas the application of Article 115 of the legal advisors is only seen and heard only, and its presence only with the consent of the investigator whether allowing or not, if there is a matter that the legal advisors feel is not true then become a separate record for legal counsel to be submitted to the hearing. Investigators when using violence in obtaining information can be subject to Article 422 Penal Code and can be pre-trial
TINJAUAN HUKUM PENYEBAR BERITA HOAX DI MEDIA SOSIAL MENURUT UNDANG-UNDANG INFORMASI TRANSAKSI ELEKTRONIK (ITE) / UNDANG-UNDANG NOMOR 11 TAHUN 2008 DAN PENYELESAIAN HUKUM
No full textABSTRACTActivities in the cyber space are virtual activities that have a very real impact even though the evidence is electronic. Accordingly, the subject of the culprit must also be qualified as a person who has committed a real legal act. In e-commerce activities, among others, the existence of an electronic document whose position is synchronized with documents made on paper. In this regard, it is necessary to consider the security and legal certainty in the utilization of information technology, media, and communication in order to develop optimally. Therefore, there are three approaches to maintain security in cyber space, namely the legal aspect, technological aspects, Social, cultural, and ethical. To overcome the disruption of security in the implementation of electronic systems, the legal approach is absolute because without legal certainty, the issue of utilizing information technology becomes not optimal. In principle, the act of spreading the hoax news that has a tendency as a criminal act of defamation, more concretely tends to qualify as a criminal act of defamation (laster). That is because the false news that is conveyed does not contain the truth, what he has allegedly never done for the accused, by the Criminal Code is classified as "slander". Associated with the distribution of news hoax that can harm the collective interests, the target of his actions is definitely fixed on the interests of the audience. This act in the law is often to be included with the consequences of his actions; (1) Whether to cause trouble; (2) Or will it cause a sense of hatred towards a group.Keywords : Hoax, false news, social media, cybe
ASPEK HUKUM DALAM PENATAAN MINI MARKET DI KOTA SAMARINDA
No full textABSTRACTIndonesia is the largest country in Asia whose average population lives as traders, especially traditional traders in the market, but now people are starting to have advanced thinking with the modern market, but each has its advantages and disadvantages each time I will discuss how Mushrooming of modern market or mini market in Indonesia especially in Kalimantan. Minimarket is no longer a foreign term for the general public, especially those living in big cities, Minimarket is an intermediary marketer between producers and end consumers where the activity is to carry out retail sales, Local government is the most authorized party to regulate and issue all policies and control the running of a policy in a region, The next local government in this case in making policies about minimarket management should be guided and referring to both legislation, Minimarket is a market that is managed with modern management, generally there are urban areas, As a provider of goods and services with good quality and service to consumers In the wakut 2 years of Indomaret and Alfamidi and many other minimarkets scattered in various districts of Samarinda city. Until now there has been no local regulations or regulation of the mayor of Samarinda who formally regulates minimarket arrangement. However, there are only rules that apply in minimarket establishment in Samarinda City which then must be adhered by the investors Indomaret and Alfamart
MASALAH ITIKAD BAIK DALAM PELAKSANAAN TUKAR TAMBAH BENDA BERGERAK JENIS KENDARAAN
No full textABSTRACT In working on an agreement both party should showing good gesture. But in some condition even when proper attention to good gesture has been practically shown by both party, the agreement still possibly in a deadlock. By this condition, more attention to good gesture should be paid so then the agreement will work satisfyingly. Each party come with their own motion and it will be impossible to insist the motion to the other. Both party should work on their ‘common ground’ the position where both party could agree to the term and condition then benefit of it. People who work on the agreement such as judge or lawyers should aware of this common ground and all factors to achieve the agreement for both party. There is a close tied between good gesture in agreement with theory of trust in agreement. Both articles commonly explain by the judge during judicial review. Both good gesture and appropriateness not only consider by the parties whose work on the agreement but also one factor and another during the work of the agreement. Finally the sale and purchase agreement of vehicle should held by paid more attention to good gesture and appropriateness, includes further consideration of norms and the rule of law
UPAYA HUKUM DAN PENYELESAIAN AKIBAT WANPRESTASI SERTA OVERMACHT DALAM PERJANJIAN PEMBIAYAAN
No full textABSTRAKKendala yang dihadapi dalam kontrak pembiayaan antara lain peraturan tentang ketentuan pembiayaan di Indonesia masih terbilang disepelekan bahwa Indonesia masih belum mengatur secara khusus Undang-Undang memuat tentang pembiayaan, kendala secara teknik yaitu pihak lessor memerlukan tenaga ahli yang sesuai bidang masing-masing dan menguasai secara khusus masalah yang berkaitan dengan perjanjian pembiayaan. Setelah pihak lessor mengalami kendala yang ada di atas, maka pihak lessee sendiri biasanya juga mendapatkan kendala berupa tekanan bahwa harus disediakannya dana yang besar untuk melakukan penyediaan barang modal kepada pihak lessor. Jadi mau tidak mau, pihak lessee telah menyetujui kesepakatan yang mereka buat dan ketentuan yang telah dicantumkan oleh pihak lessor meskipun lessee berat hati untuk menyetujui ketentuan tersebut, karena dalam hal ini lessor bertanggung jawab penuh atas segala resiko dan kendala dalam perjanjian pembiayaan.Upaya hukum dan penyelesaian wanprestasi serta overmacht antara lain : Dalam hal wanprestasi yang berupa keterlambatan pembayaran uang sewa, maka pihak lessor berhak melakukan denda atas keterlambatan pembayaran tersebut dengan jumlah yang telah ditentukan dalam perjanjian. Namun dalam prakteknya, pihak lessor akan memberikan teguran baik secara lisan (melalui telepon) maupun dengan surat kepada lessee. Lessor juga masih memberikan tenggang waktu kepada lessee untuk menyelesaikan tunggakan uang sewa kepada lessor serta dalam hal terjadinya keterlambatan pembayaran yang dilakukan kurang dari tiga hari dari tanggal jatuh tempo, maka lessee tidak dikenai denda; Dalam hal wanprestasi berupa penggadaian barang modal dan pemindahtanganan hak sewa barang modal kepada pihak ketiga, maka pihak lessor segera melakukan tindakan sebagai berikut : sehari setelah diketahui bahwa barang jaminan digadaikan, pihak lessor segera mengirim tim informannya untuk menarik barang modal tersebut berdasarkan atas surat kuasa yang dibuat oleh para pihak bersamaan dengan disepakatinya perjanjian pembiayaan diantara mereka. Dalam hal lessee yang dituduh lalai dan dimintakan supaya kepadanya diberikan sanksi atas kelalaiannya tersebut, dapat membela diri dengan mengajukan alasan untuk membebaskan diri dari sanksi tersebut. Alasan lessee untuk membebaskan diri dari sanksi atas kelalaiannya tersebut, salah satunya adalah dengan mengajukan tuntutan adanya keadaan memaksa (overmacht)