DEDIKASI JURNAL MAHASISWA
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IMPLEMENTASI HAK TENAGA KERJA HARIAN LEPAS PADA JASA PEMBORONG INSTALASI LISTRIK APABILA MENGALAMI KECELAKAAN KERJA MELALUI BPJS
No full textABSTRAKPenelitian ini bertujuan untuk mengetahui bagaimana pelaksanaan layanan program Jaminan Kecelakaan Kerja (JKK) pasca transformasi PT JAMSOSTEK menjadi BPJS (Badan Penyelenggara Jaminan Sosial) Ketenagakerjaan dan untuk mengetahui bagaimana akuntabilitas kinerja BPJS (Badan Penyelenggara Jaminan Sosial) Ketenagakerjaan.Penelitian ini dilakukan di Kota Samarinda, dengan mengambil data yang relevan serta melakukan wawancara dengan pihak-pihak yang terkait dalam hal ini pihak penyelenggara BPJS dan pihak-pihak yang terkait dan pihak-pihak yang terkait dalam penulisan skripsi ini.Metode penelitian skripsi ini menggunakan metode penelitian kepustakaan (LibraryResearch) dan metode penelitian lapangan (FieldResearch). Metode penelitian kepustakaan yaitu metode penelitian dengan melakukan pengumpulan data pustaka atau bahan bacaan yang relevan dengan penelitian yang dilakukan, sedangkan metode penelitian lapangan yaitu penelitian yang dilakukan dimana penulis akan terjun langsung ke lapangan.Hasil penelitian ini menunjukkan bahwa pasca transformasinya JAMSOSTEK menjadi BPJS Ketenagakerjaan, pemerintah telah memberikan dukungan penuh untuk pelaksanaan BPJS diantaranya dengan menetapkan jenis pelayanan kesehatan, menetapkan anggaran dan subsidi iuran. Adapun fokus utama dalam skripsi ini adalah program Jaminan Kecelakaan Kerja (JKK) Pasca bertransformasi dinilai telah banyak memberikan peningkatan dalam kualitas layanannya, dan juga penambahan program yang memberi manfaat lebih untuk penggunanya, baik dari segi benefit maupun tarifnya yang dinilai cukup ekonomis. Namun, penulis belum bisa mengatakan pelayanan dan akuntablitas BPJS yang telah diberikan berjalan sempurna sebagaimana mestinya, karena penulis masih menemukan ketidaksesuian didalamnya Kata Kunci: Kecelakaan Tenaga Kerja Harian Lepas , BPJ
KEABSAHAN PERJANJIAN AKAN JUAL BELI SEBIDANG TANAH HAK MILIK DALAM PRAKTEK
No full textABSTRACT That the validity of the sale and purchase that has been declared by the Panel of Judges by taking the example in civil case No. 30 / Pdt.G / 2002 / PN.Smda still premateur. But it has come true in a verdict. Therefore, the party should be defeated or dissatisfied with the verdict, exercising its right to take legal remedy ie the appeal during the court decision has not had permanent legal force (Inkracht Van Gewisjde), after 14 (fourteen) days of the verdict is notified. However, if it has lapsed 14 (fourteen) days after the award is given to the defeated party but not exercised its right, the court decision shall be deemed to have permanent legal force (Inkracht Van Gewisjde). That the legal force of the sale and purchase agreement regardless of the principle of freedom of contract as stated in article 1338 Civil Code can not be said to have the power of law. But it has become a reality, the legal power of the sale and purchase agreement as in this case to be said the legal power of the sale and purchase agreement depends on the validity that has been decided by the court. As to the fact as has been decided by the court that it was a sale and purchase agreement has been strengthened and declared legally valid. Therefore, inevitably the sale and purchase agreement between Defendant I and Defendant II was canceled
PERTANGGUNG JAWABAN PIDANA TERHADAP SOPIR TRUK KARENA KELALAIAN MENGAKIBATKAN ORANG LAIN MENINGGAL DUNIA
No full textABSTRACTFactors causing traffic accidents in Samarinda City first due to human factors, vehicles, and environment / road. The criminal liability to truck drivers resulting from his negligence resulted in the death of another person in Samarinda City under the Criminal Code CHAPTER XII on Reparation and Rehabilitation under Article 95 paragraphs 1 through 5, Article 96 paragraphs 1 through 2, Article 100 paragraphs 1 through 2 and Law no.The stages to avoid traffic accidents in Samarinda City, concentration in driving, if the body is not fit should not be forced to do activities such as driving, do not take anything while driving, do not use the mobile while driving, pay attention to visibility, so as not to cause traffic accidents, stop in a drowsy, be patient in riding, succumb to reckless people, use seatbelts before running a vehicle, red triangle when the vehicle stops on the street and do not park in any place. in terms of vehicles, no bribery and illegal levies, in passing weigh bridges due to overload, so that roads are not damaged due to overload, carrying in accordance with the load so that when driving is not experiencing difficulties such as rolled while carrying loads that exceed the capacity pay attention to the condition of the vehicle such as brake pads are replaced, water radiator is always filled so that the engine is not hot, and the tires used must be good so that the driver and the goods do not experience road obstacles. roads and neighborhoods, be careful with perforated roads, landslides and floods, be careful and not speed with a winding road, stop when the weather is fog or smoky to keep drivers and goods safely carried safely
PERCERAIAN PEGAWAI NEGERI SIPIL TANPA DISERTAI IZIN PEJABAT YANG BERWENANG DAN AKIBAT HUKUMNYA
No full textABSTRACT That the factors causing the absence of official permission in the civil servant divorce case in the Religious Court of Samarinda are: the civil servant concerned does not take the procedure of granting licenses in BKPPD of Samarinda City Government; Difficult procedure of divorce permit In BKPPD Government of Samarinda City; The discontinuation of the procedure for granting a divorce permit in BKPPD of Samarinda City Government; Officials do not issue a Decision Letter in accordance with the specified time period. Based on the provisions of Article 49 of Law Number Year 2006 one of the jurisdictions of religious courts is to examine, decide and settle matters in the field of marriage in the first level between people who are Muslims. Understanding the field of marriage here are all things that are regulated in the UUP, including among others on the case of divorce. In the handling of divorce cases, religious courts are authorized to handle divorce cases at the first level among Muslims, including divorce from civil servants who are Muslims. In relation to the divorce of civil servants, in addition to heeding the general provisions contained in the UUP and Government Regulation No. 9 of 1975, religious courts must also heed the special provisions contained in Government Regulation No. 45 of 1990 on Amendment to Government Regulation No. 10 of 1983 on Marriage and Divorce of civil servants. The legislation as mentioned above, is a material law that is used as a guide by religious courts in solving the case of divorce. Although the UUP and Government Regulation No. 9 of 1975 and Law No. 3 of 2006 contain the rules of material law in settling divorce cases, but basically the things that are set in it are just the point. The rule has not yet elaborated on the overall provisions of marriage law regulated in Islam
TINJAUAN YURIDIS TERHADAP KEABSAHANYA FORMAT STANDART KONTRAK PT. PERUSDA PDAM DENGAN KONSUMEN (STUDI PADA KANTOR PT. PERUSDA PDAM DI KOTA SAMARINDA)
No full textABSTRACTRegarding the validity of standard agreement which in this case the agreement between PDAM with the customer is actually if paid attention to contain weakness especially when connected or reviewed from Article 1320 BW Jo Article 1338 BW. It is said to contain weaknesses because in the standard agreement there is no consensus in the broad sense of the two sides, but only one-sided. While the applicant in giving the deal is just fictional. Thus standard agreement not only contains weakness, but also deviates from the principles contained in Article 1320 BW Jo article 1338 BW. So it can be said that the issue of validity of standard agreement when viewed from Article 1320 BW Jo Article 1338 BW formally can be said that standard agreement is not valid. However, we are faced with problems that inevitably recognize the existence of standard agreements as a means to meet the needs of many communities in supporting survival, economic growth is a vital means as the fulfillment of primary needs. The issue of the parties' attachment to a standard agreement is that the parties may agree to anything, provided that it is not contrary to law and morals, and that what is legally agreed is binding on the law. In connection with standard agreements held by PDAM and customers or consumers, as long as the standard agreement is agreed and no party is harmed, the agreement is considered valid as stated in article 1338 paragraph (1) of BW. Moreover, in the standard agreement that became the object of the agreement is a vital means (water consumed) which is a primary requirement that can not be ignored by all human in his life. It must be recognized its existence
ISLAM DAN AKIBAT HUKUMNYA PERCERAIAN YANG DI SEBABKAN GUGATAN TERHADAP SUAMI PNS YANG BERAGAMA
No full textABSTRACT The technical execution of the ex-wife's right to the salary of her ex-husband, the division of salary if the divorce occurs because the will of the Civil Servant of man then his salary is divided as follows: If no child, then ½ for the Civil Servant concerned; For ½ part wife; If having children and children join the Civil Servant concerned, then 2/3 for the Civil Servant concerned and his / her child and 1/3 for the wife. The legal consequences of divorce are as follows: At the level of talaq ba'in, a divorce has entered the three talaq level in which the married couple is forbidden to reconcile before his ex-wife first marries another then the person divorces him. Divorce due to li'an, then marriage can no longer be done forever. Collective property is shared between husband and wife while the cost of maintenance and education is the responsibility of the father. The more entitled to take care of his children is his mother, as long as the mother is married to someone else
KEKUATAN PEMBUKTIAN AKTA NOTARIIL BERBAHASA ASING DALAM PENYELESAIAN SENGKETA WANPRESTASI
No full textABSTRACT Notarial Deed is made to ensure the certainty, order and size of law in performing legal action that serves as a written evidence of the circumstances, events or legal acts. Notarial Deed is an official document issued by a Notary who possesses absolute and binding powers of evidence, otherwise it is a perfect proof so that there is no need to be proved with other verification as untruths can not be proven. Terms of use of language in the deed, notarial deed must use indonesian language pursuant to the provisions as regulated in Article 43 paragraph (1) of Law Number 2 Year 2014 amendment to Law Number 30 Year 2004 regarding Position of Notary Indonesian Notary must be made in Bahasa Indonesia , Shall be in the hands of article 43 paragraph (3) of Law Number 2 Year 2014 on Notary Public Notary's office may be made by using a foreign language to accommodate the parties who want. In the case of translation of this deed is very possible there is a difference in the arrangement of the contents of the deed between the Indonesian language deed with a foreign language deed of the things that arise legal issues regarding the power of the Creation of the deed using foreign languages in the event of a breach event there is a difference of translation of the contents of the deed between the deed of which language Indonesia by a foreign language deed and the settlement of the legal case and how the notary's accountability as the making of the deed to the loser
TINJAUAN HUKUM LINGKUNGAN DAN HUKUM KEHUTANAN TERHADAP KERUSAKAN HUTAN DAN LINGKUNGAN PADA IZIN USAHA PEMANFAATAN HASIL HUTAN KAYU (IUPHHK-HA) DALAM HUTAN ALAM PADA HUTAN PRODUKSI
No full textABSTRACTThe focal point of this research is to highlight the policy of the Government of the Republic of Indonesia since the New Order era in issuing forestry decisions in the form of Forest Forest Protection Permit (HPH) or Timber Forest Product Utilization Permit in Natural Forest (IUPHHK-HA now) Governments, Local Governments, and forest communities, knowing the very happy IUPHHK-HA activities due to the failure of the forestry environment, types of activities and how to recover damage to the forestry environment. Include constraints and barriers - what unit units, efforts are being made to overcome these obstacles and barriers, and appropriate forms of accountability for forest damage offenders and environmental degradation, as well as the terms and conditions that must be met by IUPHHK-HA legally and legally produced timber products in accordance with the Law and other applicable provisions.The method used is the empirical juridical approach that is the approach done by looking at existing practices in the field. This is done in a straightforward way in the field. In relation to this research with empirical juridical research methods, the authors conducted a study of primary data in the field of environmental management and implementation, on the types of IUPHK-HA activities that often cause environmental damage, the impact of these activities as well as ways - forest destruction recovery, explosive solutions, the efforts made by the Timber Forest Product Utilization Permit (Plantation Forest) in the Natural Forest in Production Forest of PT. Triwiraasta Bharata in West Kutai district of East Kalimantan Province, and a form of accountability for plasma companies undertaking lessons in the forestry environment.The results of this study and study provide an overview of Timber Forest Product Utilization Permit in Natural Forest (IUPHHK-HA) in accordance with its permit are logs, for legal and legal log products in accordance with applicable laws and regulations, the requirements are not small and the time and process is long enough. Unlike some people who imagine that the logging business is the easiest and the fastest because he immediately cuts and sales. Perhaps the assumption that there is a targeted truth is a culprit of illegal loggers or liar pemarakong.The current condition provides an overview divided into the form of IUPHHK-HA which is included in severe and full conditions. There are several things that cause it to happen, among others: forestry regulations are increasingly tight, often fickle, burdensome and get a high price; increasing legal uncertainty and business uncertainty caused by reform euphoria affecting customary land claims, customary rights, ancestral forest claims without a legal basis; reducing standing conditions due to uncontrolled illegal logging behaviors that have occurred in the last 15 (fifteen) years, overlapping of mining land spent in forested areas, international pressures exploiting the issue of forest and environmental degradation.Law Number 41 Year 1999 on Forestry, Law Number 32 Year 2009 on Environmental Protection and Management, Law Number 18 Year 2013 on Prevention and Eradication of Forest Degradation, Instruments and Highlights with correct field application and capable in implementing mandate for the Protection of deforestation and the environment, perhaps only what needs to be improved actually in enforcement and enforcemen
PROSES USULAN PEMBERIAN HAK GUNA USAHA YANG TIDAK SESUAI DENGAN PROSEDUR MENURUT PERATURAN KEPALA BADAN PERTANAHAN NASIONAL
No full textAbstractIn order to provide legal certainty to the plantation development sector, especially in the field of land, it is necessary to have a right to land which gives authority to the right holder to control and physically entitate the land given the right. The right to land that can accommodate the field of plantation development is the Right to Use Enterprises (HGU). But on the other side of the current development of plantation land that has been clung to the Hak Guna Usaha (HGU) many claimed even occupied by the community for certain reasons that cause its own problems in order to manage plantation land.In order to grant location permit by Local Government begins with synchronization of data related institutions, so there is no overlap of licensing with the land / location of the land that will become the object of the Right to Use Enterprises
TINJAUAN HUKUM TERHADAP PENERAPAN SANKSI ADMINISTRATIF LINGKUNGAN HIDUP PADA KEGIATAN USAHA YANG MELAKUKAN PENCEMARAN LINGKUNGAN (DI KFC DINE & RILEX KOTA SAMARINDA)
No full textABSTRACT Andri Suhendra, NPM: 13.11.1001.1011.086, "Legal Review of Implementation of Environmental Administrative Sanctions on Business Conduct Conducting Environmental Pollution (In Kfc Dine & Rilex of Samarinda City)". Guided by Dr. H. Abdul Rokhim, SH., M. Hum as the supervisor of I and Syamsul Bahri, SH., MH.This study aims to determine the extent to which the role of Environmental Office of Samarinda City in maximizing the implementation of environmental administrative sanctions on KFC & Rilex business activities in Samarinda City. This study also aims to find out what obstacles faced by the Environment Department of Samarinda City in administering administrative sanctions to KFC & Rilex business owners.This research was conducted in Samarinda City. The object of the research is the Environment Department of Samarinda City. This research is conducted by conducting interviews with the speakers of the Regional Environmental Supervisory Official (PPLHD) who are competent and relevant to the proposed topic. The second approach is to describe descriptively the results of interviews and then analyze the data.The results of the study indicate that the enforcement of administrative sanctions by the government consistently in accordance with existing authorities will have an impact on law enforcement, in order to preserve the function of the environment. In connection with this, enforcement of administrative sanctions is at the forefront of enforcing environmental law (primium remedium). The obstacles faced are, the Environmental Supervisory Officer in exercising his authority to supervise the enforcement of environmental law is hampered by the administrative bureaucracy problem, as in Article 71 of UUPPLH Number 32 Year 2009, In the event that the environmental supervisor has done his duty and authority in doing supervision or examination on the indication of the occurrence of pollution or destruction of the environment, then when the report of the supervisory work of the environmental supervisory official is submitted to the top officials structurally such as the Head of Technical Division, Regent / Mayor, Governor, there is an indication of business activities checked and supervised by PPLHD the head of the agency The technical officer and the authority having authority over it, which is given the environmental monitoring report, is not followed up by the Head of Institution of Technical Affairs, Regent / Mayor, Governor, is very big and may happen. Too great the potential for disruption of decision-making on the result of environmental monitoring report to be submitted to the Head of DLH of Samarinda City, PPLHD must observe the hierarchical system of organizational structure which could happen the intervention from the structural position above it to the content result and the suggestion of the action contained in the result of supervision, can the imprecise of imposition of environmental sanctions such as the example of government sanction imposition of freezing permit to sanction reprimand I, the omission in the control system of the implementation of government coercion, and others. The real obstacle faced by PPLHD in the implementation of its duties and functions concerning UUPPLH 32 year 2009 in Article 71