DEDIKASI JURNAL MAHASISWA
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TINJAUAN YURIDIS PUTUSAN AKTA PERDAMAIAN DI PENGADILAN AGAMA SAMARINDA MENGENAI HAK ASUH ANAK DI BAWAH UMUR PASCA PERCERAIAN
Full text linkABSTRACTEveryone desires that the marriage he undertakes to remain intact throughout his lifetime, but many marriages which are so painstakingly established have to end in a divorce. the husband and wife who are going to divorce need to consider the problem of the child who has been born in that marriage. In the case of divorce, it will have legal consequences for the child, especially in the custody of minors. This research uses the juridical normative method, namely research that refers to the legal norms contained in statutory regulations and court decisions from the Religious Courts regarding the peace deed decisions regarding the custody of minors after divorce. The court is passive, meaning that it is just waiting, the initiative to take legal remedies is entirely dependent on the parties who are in the case, the Religious Courts should be able to impose sanctions on one of the parties who do not implement what has been agreed in the peace deed, thus the Court can impose sanctions on the parties. who do not implement what has been agreed in the peace deed? If there is a violation, the aggrieved party can submit a new application to the Head of the Religious Court to determine the implementation of the contents of the peace deed decision. Keywords: Peace Deed, Child Custod
KEDUDUKAN ANAK ANGKAT DALAM HAK WARIS MENURUT KITAB UNDANG–UNDANG HUKUM PERDATA
Full text linkAbstractAdoption of a child is an act in a legal event that gives birth to a new relationship, namely between the adoptive parents and the adopted child. Adoption of children in Indonesia is a common thing for Indonesian people, not a few of those who are not blessed with children adopt children. The purpose of writing is to find out the procedure for adopting children according to the Civil Code Law and to find out the position of the adopted child in obtaining inheritance rights according to the Civil Law Code. The type of research method used is a normative research method with a statute approach. Data collection techniques were carried out by literature study and data processing was carried out by collecting complete literature. The results of the research and discussion concluded that the adoption procedure can be carried out bymeans of prospective adoptive parents registering their application and then waiting for an email to conduct a trial by presenting the applicant's witnesses to strengthen the information in the adoption process, if accepted, the panel of judges will decide and make a court ruling. . While the position of an adopted child in inheritance rights according to civil law is the same as a biological child/legitimate child, for that he has the right to inherit the inheritance of his adoptive parents according to law or inherit based on testamentary inheritance law if he gets a testament (will grant)
TINJAUAN YURIDIS PERJANJIAN KONTRAK KERJA KARYAWAN TEMPAT HIBURAN MALAM DI KOTA SAMARINDA PADA MASA PANDEMI COVID-19
Full text linkABSTRACT The presence of the Covid-19 virus has had a very broad impact. In particular, the night entertainment industry has also been affected by the Covid-19 pandemic in Samarinda City. With this pandemic, it will also affect the work contract agreement at night entertainment venues, especially regarding the rights and obligations between Muse Entertaimant and employees.The problems raised in this study are the work contract agreements for night entertainment employees in Samarinda City during the Covid-19 pandemic and forms of legal protection for the rights of night entertainment employees in Samarinda City during the Covid-19 pandemic.The type of research used is normative juridical research, the problem approach used in writing this thesis is a statutory approach.The results showed that the form of employment contract agreement at Muse Entertainment Samarinda had implemented a work contract agreement in accordance with Article 1 paragraph (14) of Law Number 13 of 2003 concerning Manpower. Then the contents of the agreement letter contain some of the requirements listed and are in accordance with the provisions in Article 52 paragraph (1) of Law Number 13 of 2003 concerning Manpower. In the employment contract agreement, there is no stipulation on what to do when an unexpected event occurs. Muse Entertaimant Samarinda continues to carry out its obligations by providing fixed wages and benefits but no bonuses. Bonuses are non-fixed allowances in the sense that they are only given when a target is achieved. The form of protection of workers' rights that is carried out by Muse Entertainment in terms of economic protection provides employees' rights in the form of wages and fixed benefits to employees, as well as providing social welfare protection that can be said to be successful in retaining all of its employees even though in difficult situations like this, not all companies can do it. Keywords: Employment Contract, Covid-19, Night Entertainmen
KEKUATAN PERDAMAIAN YANG DILAKSANAKAN DIDALAM SIDANG PERDATA DI PENGADILAN NEGERI SAMARINDA BERDASARKAN PERMA NO. 01 TAHUN 2016 TENTANG MEDIASI DAN AKIBAT HUKUMNNYA
Full text linkABSTRACT As individuals who have free will, humans have their own interests. These interests are often in the same direction and in line with the interests of others around them. However, their interests often conflict with each other, giving rise to disputes or disputes that interfere with the harmony of living together. Based on that event, rules are needed as a means to solve problems that arise in order to create balance in life in order to create peace.law enforcers in mediation procedures are mediators and one of the common mediators is judges in district courts. In his duties, a mediator must work according to existing procedures. Due to a change in the mediation procedure through a Supreme Court regulation issued by the government, as for the formulation and limitation of the problem, how is the power of peace implemented in the Samarinda District Court session in relation to Perma no. 1 of 2016 and how is the existence of mediation in the settlement of peace in the Samarinda District Court according to Regulation No. 1 of 2016.The peace deed as outlined in the court's decision has three powers like an ordinary decision, namely binding power, evidentiary power, and executive power. The existence of mediation in the settlement of civil disputes in court in PERMA No. 1 of 2016 contains ten regulatory principles regarding the use of integrated mediation in court (court-connected mediation) which includes mandatory mediation, the autonomy of the parties, mediation in good faith.the disputing parties should be able to carry out problem-solving by means of deliberation before going through a court process which can take time and a lengthy trial process. Keywords: the power of peace, mediatio
PERLINDUNGAN HUKUM BAGI TENAGA KERJA PENYANDANG DISABILITAS UNTUK MENDAPAT KESEMPATAN KERJA BERDASARKAN UNDANG UNDANG NOMOR 08 TAHUN 2016 TENTANG PENYANDANG DISABILITAS
Full text linkAbstractThis study discusses the workforce is part of the subject of employment which is considered capable of doing a job in order to produce goods or services both to meet the needs of themselves and the community. Protection for Workers, especially Workers with disabilities where the government guarantees the safety and existence of workers with disabilities is recognized by the community in general. Explicitly in international legal provisions that position persons with disabilities as part of citizens whose rights must be fulfilled in the perspective of Human Rights, contained in Law Number 8 of 2016 concerning Persons with Disabilities, the regulation refers to previous regulations issued by the government, namely Law Number 19 of 2011 concerning Ratification of the Convention on the Rights of Persons with Disabilities, and Law Number 4 of 1997 concerning People with disabilities. Through research, this thesis seeks to answer existing problems using normative juridical methods, so from the research that has been carried out a conclusion can be drawn, that the government legislation has provided legal protection for workers with disabilities in obtaining job opportunities according to the Act. The 1945 Constitution of the Republic of Indonesia and the laws and regulations that are enacted with reference to the theory of human rights. The form of fulfillment of workers with disabilities in obtaining employment opportunities is through affirmative policies that must be implemented by inserting them into regulations that have been issued by the government. Reforms that must be implemented in affirmative action policies in the field of accessibility in obtaining employment opportunities for workers with disabilities are the responsibility of the state towards workers with disabilities in fulfilling their rights
AKTA KELAHIRAN TERHADAP ANAK YANG DILAHIRKAN DI LUAR PERKAWINAN
Full text linkABSTRACTBirth registration is an important matter in population registration and administration, and so far this problem has received little attention in the community. Given the importance of this birth certificate, a child must have a birth certificate even though he is a child out of wedlock, this is because the birth certificate is an authentic certificate that will be used as evidence regarding the child's civil status. In this study, the author uses a descriptive type of research, which is a study that is intended to provide an overview of the state of the subject and/or object of research as it is. The results of this study indicate that the process of obtaining a birth certificate for a child out of wedlock is the same in general as for a legitimate child, except that the mother must first fill out a statement that she is not legally married at the population service and the civil registry signed by the head of the population and civil registry office. one of the requirements in obtaining a birth certificate of a child out of wedlock. In the validity of the birth certificate of a child out of wedlock, it can be shown through a quote in the deed that has been issued by the population and civil registry office and also signed by the head of the population and civil registry office, which means that the validity of the deed of a child out of wedlock is the same as that of a legitimate child. can be used as authentic evidence for the certificate holder, with a birth certificate a person has legal guarantees and certainty regarding his civil status which includes personal identity, namely, name, place, and date of birth, and citizenship. Constraints in obtaining birth certificates for children out of wedlock can be seen from 2 (two) sides, namely the community and the apparatus including the lack of public awareness of the importance of birth certificates for children and also the lack of active role of civil registration officers to inform the importance of birth certificates for children in the future. the future, whether it's a child born out of wedlock. Keywords: Out of wedlock children, birth certificate, legal consequence
KEWENANGAN DINAS PERHUBUNGAN DALAM PENGATURAN LALU LINTAS DAN ANGKUTAN JALAN DI KOTA SAMARINDA
Full text linkABSTRACTThe development of the city of Samarinda is accompanied by an increase in the use of transportation facilities to support community activities and mobility. The need for the provision of supporting transportation facilities cannot stand alone through one party alone, this requires the participation of technical institutions, namely the Department of Transportation, the Police, and the Public Service. In taking action against violators, the authority of the Transportation Service is as a technical implementer according to Law Number 22 of 2009 concerning Road Traffic and Transportation that all actions that are owned and carried out must be based on statutory regulations. Such action can only be carried out by Civil Servant Investigators (PPNS) who further coordinate with the State Police Officers of the Republic of Indonesia. The problem in this writing is how the authority of the Samarinda City Transportation Service in regulating traffic and road transportation in the city of Samarinda and the obstacles faced by the Samarinda City Transportation Office in regulating road traffic and transportation in the city of Samarinda.The writing of this thesis uses Normative and Empirical research methods, namely research methods that use secondary data and primary data in assessing and tracking the regulations governing the authority of the Samarinda City Transportation Agency.Keywords: Authority, Department Of Transportation, Traffi
PEMISAHAN BERKAS PERKARA (SPLITSING) OLEH PENUNTUT UMUM DALAM PROSES PEMBUKTIAN SUATU TINDAK PIDANA PADA DELIK PENYERTAAN
Full text linkABSTRACTCriminal justice system is a term that indicates a working mechanism in crime prevention by using a basic system approach. All forms of participation or involvement of people both physically and psychologically in each act so that it gives birth to a criminal act is called participation (Deelneming). The separation of case files (splitsing) by the Public Prosecutor is one of the actions in law enforcement. Splitsing is carried out so that the elements of the offense from each defendant are fulfilled and in an effort to avoid a shortage of witness evidence.The purpose of writing is to find out the basis for the consideration of the Public Prosecutor in separating case files (splitsing) in a criminal case and knowing how to prove from a case file using the splitting method of case files (splitsing) in the inclusion offense. The type of research method used is empirical juridical using a sociological approach. Data collection techniques using interview techniques and data obtained from the research location using qualitative descriptive analysis techniques to answer the problems.The results of the research and discussion concluded that the Public Prosecutor in splitting the case files (splitsing) in a criminal case is to prove the guilt of the defendant in the trial, in criminal cases there is a shortage of witnesses, the status between the defendants is different, there are defendants who are still underage, cases that are offenses participation (deelneming), and in cases where some of the perpetrators have not been caught. Meanwhile, the method of proof from a case file using the splitting method for the inclusion offense is in the testimony of witnesses in which the defendant is used as a witness for other defendants, due to the lack of witness evidence in the case of participation crimes (deelneming). The trial process used remains the same as for ordinary criminal cases in general
TINJAUAN YURIDIS HUKUM WARIS BAGI KHUNSA ATAU BERKELAMIN GANDA DALAM PANDANGAN HUKUM ISLAM
Full text linkABSTRACK Humans are grouped as male and female and at birth are treated as boys and girls by parents and it is easy to learn gender as adults. However, for a small number of people, the effort to develop a gender identity is a problem. It means multiple sexes.The type of research used by the author is normative or doctrinal juridical law research, the explanation of which is normative legal research, another name is doctrinal legal research which is also referred to as library research or document study.Multiple sexes in Islam are called Khunsa, Khunsa is divided into 2 namely Khunṡa Ghairu musykil (Khunṡa That Is Not Difficult or Clear) and Khunṡa musykil which is very difficult to determine it cannot be known whether he is male or female, because there are no signs that indicate masculine or vague. However, the mujtahids have determined two ways to determine the sex of the khuna, namely from the genitals and examining the signs of maturity. can also be carried out genital surgery whose purpose is repair or refinement.The distribution of inheritance for a khuntsa ghairu muskyil is seen from his status after going through several ways by seeing the first discharge of urine and also from the signs of maturity. The division of the inheritance of a mushkil khuntsa according to the Shafi'i khuntsa school is given the smallest share of the male and female share then the rest of the property is suspended. Keywords: Law of Inheritance.Status.Multiple
KESADARAN HUKUM DALAM MENAFKAHI ANAK PASCA PERCERAIAN PADA PUTUSAN PENGADILAN AGAMA SAMARINDA
Full text linkABSTRACTLegal awareness is the awareness or values found in human beings about existing laws or expected laws that exist. legal awareness in fulfilling parental obligations in providing for a child after a divorce must be responsible for the costs of caring for and educating childrenThis research intends to know the legal awareness of parents in being responsible for all the costs of caring for and education for children after divorce and in general aims to find out the legal awareness and obligations of parents in fulfilling the rights of children after divorce in Samarinda's religious court ruling.The results of research in the Samarinda Religious Court, which occurred regarding children's living rights after divorce, all children from legal marriages come with their mothers and were the fulfillment of children's living rights is only fulfilling while there are not even full ones. In this case, many of which play a role after divorce is a mother who works to meet the needs of her children Apart that it should be the father who bears the living rights of the child that has been set by the Judge of the Samarinda Religious Court. Whereas in deciding the case, the judge's consideration is to see from a father's economic ability related to work and salary. Therefore, in deciding on cases involving the cost of living for children, the Samarinda Religious Court judges in considering and deciding based on the income of a father. Even though the Samarinda Religious Court's decision sentenced an ex-husband to fulfill his children's living rights after divorce, an ex-husband did not implement the decision. This is caused by several factors. Factors causing it are, First: economic factors, where an ex-husband on average does not have a steady income, even some who do not have a permanent job. Second: the mother factor is able to provide for her child, this is because a mother already has her own income. Third: communication factors, after divorce, many ex-husbands and ex-wives are no longer in communication. So it is very influential in terms of financing the livelihood of children.Keywords: Legal Awareness, Children's Livelihoo