DEDIKASI JURNAL MAHASISWA
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KEDUDUKAN BADAN ARBITRASE SYARIAH NASIONAL DALAM HUKUM NASIONAL INDONESIA
No full textABSTRACTIONThe terms of the Indonesian legal system (National), the existence of Arbitration National Sharia (BASYARNAS) as an arbitration institution Islam has a legitimacy that is very strong due to positive law currently allows some other institutions outside the judiciary generally become a referee / judge in the settlement of disputes the parties. This can be seen in Law No. 4 of 2004 Article 3, paragraph 1 of the main points of the judicial authorities and Law No. 30 1999 on Arbitration and Alternative dispute resolution between the parties. Indonesian National Arbitrage Agency. Both have the same authority that resolve civil disputes by means of peace, but BASYARNAS in running its authority based on the Quran and Al Hadith.BASYARNAS has authority in solving business disputes the parties in accordance with the regulatory procedure menangai BASYARNAS namely in terms of disputes arising in relation to trade, industry, finance, services, etc. where the parties agree to submit the settlement to BASYARNAS. But BASYARNAS not authorized to settle disputes like inheritance, grants, divorce etc. in because it is within its jurisdiction
PEMBERIAN PEKERJAAN PELAYANAN PARKIR DITEPI JALAN KEPADA PIHAK KE III (TENAGA KERJA OUTSOURCING) DAN MASALAH HUKUMNYA
No full textABSTRACT Parking is one of the complement in a shopping building that results can support local government revenues. Based on the results of preliminary studies, the implementation of the agreement were not implemented many of the provisions of the applicable contents of the agreement. The purpose of this study was to determine the policy implementation service levies parked at the curb public conducted by the Department of Transportation Parking Management UPTD Samarinda with based on indicators of policy implementation. constraints faced their mastery parking locations by persons who are not responsible, incidental parking offenders who do not report their activities, parking attendants who are not obedient, very rapid growth of vehicle, the number of labor inspectors is inadequate parking. Based parking management policy implementation submission of the Department of Transportation has now handed over to third parties (Outsourcing) conducted in the area of parking in the city of Samarinda. Based on this, researchers interested in conducting research in the form of a thesis with problems: a) How is the implementation of cooperation agreements parking management between the regional government with parking management to a third party labor (outsourcing)? B) What factors are some that hinder the implementation of the policy of surrender parking management to a third party labor (outsourcing)? Jenispenelitian is juridical empirical data used are primary data and secondary data used through library research and field study. Data were processed through the identification process, editing, data classification, data preparation and conclusion then analyzed descriptively qualitative. Keywords: policy, parking management, and the Department of Transportatio
ITIKAD BAIK DALAM PERJANJIAN PINJAM UANG PADA KOPERASI PESUT DI TENGGARONG
No full textABSTRACT Farlina Iin, 2014 GOODWILL IN LENDING MONEY TO COOPERATIVE AGREEMENT porpoises in Tenggarong. Seventeen University Faculty of Law in August 1945 Samarinda. Supervisor : (1) Abdul Munif, SH., M. Hum (2) Gabriel Gaja Tukan, SH., Hum. This study examines the good faith in terms of the borrowing agreement and the money resulting from contracts that were not in good faith. This research includes normative legal research is descriptive. Both parties must be acting in good faith in carrying out an agreement. There are times when good faith has been fully performed and observed, but the implementation of the agreement is still in a stalemate (deadlock). This is where attention is required towards adherence to an event can be resolved satisfactorily. Of course, as is the case with all items that contain something awards (waardering), compliance is not likely to result in a satisfactory resolution of events every human person, it is not always absolute (relatief), which should be in the thoughts and feelings of the people in charge of completing a events, such as the Judge or Government Agency after watching all the factors, which can be used in a natural state of mind and feelings of the people. Occur close relationship between the teachings of good faith in the execution of the agreement and the theory of belief at the time the agreement. Good faith (Article 1338 paragraph 3) and propriety (Article 1339) is generally mentioned in the same breath, if the judge after testing the appropriateness of an agreement can not be implemented then it means that the agreement is contrary to public order and morality. Agreement is not only determined by the parties in the formulation of the agreement but also determined by good faith and propriety, so in good faith and propriety were also specify the contents of the agreement. Thus a particular agreement and loan agreement to borrow money if it is not done in good faith (in bad faith), the agreement is contrary to public order and morality and norms applicable law. In the Book of the Law of Civil Law, the provisions on good faith, particularly with regard to the implementation of the agreement contained in paragraph 3 of Article 1338 which stipulates that all agreements must be implemented in good faith
HUKUM PERJANJIAN AKAN JUAL BELI SEBIDANG TANAH DENGAN PANJER SESUDAH BERLAKUNYA UU NO. 5 TAHUN 1960 DI SAMARINDA
No full textABSTRACTThat the validity will be buying and selling that have been expressed by the judges by taking the example of a civil case No. 30 / Pdt.G / 2002 / PN.Samarinda still premateur. But already a reality in a verdict. For the defeated party should or less satisfied with the decision, exercised its right to take legal actions which appeals during the court's decision does not have binding legal force (inkracht Van Gewisjde), commencing after 14 (fourteen) days verdict was notified.If passed within 14 (fourteen) days after the decision is given to the defeated party but not used his rights, court decisions should be deemed to have has permanent legal force (inkracht Van Gewisjde).That the legal power purchase agreements in spite of the principle of freedom of contract as stated in article 1338 of the Civil Code can not be said to have the force of law. But has become a reality, the legal power purchase agreement as in this case to be considered legal power purchase agreement depends on the validity of which has been decided by the courts.The reality, as has been decided by the court that turned out to be an agreement of sale were corroborated and declared legally valid. Therefore, inevitably purchase agreement between the Defendant I to Defendant II is void
MASALAH SENGKETA CLAIM PULSA DAN CARA PEMBUKTIANNYA
No full textAbstractDevelopment in all fields and in particular telecommunication everything goes according to the law. Based on Government Regulation No. 24 Year 1991 dated May 1, 1991, the Housing Telecommunications (PERUMTEL) was changed to PT. (Persero) Telecommunications Indonesia. As its realization on September 24, 1991 in the presence of Notary Imas Fatimah, SH established PT (Persero) Telecommunications Indonesia. The changes are not only an impact in the field of management / management, but also bring changes in its status as a legal entity that is of public legal entity into a private legal entity. Although the change of legal status does not change his position as State-Owned Enterprises (SOEs). So that no claim again, should the completion of the peace efforts deed peace each hold the deed and each again have the same legal force as well as the legal powers decided by the district court
SENGKETA PEMILIHAN KEPALA DESA DAN PENYELESAIANNYA DITINJAU MENURUT UU RI NO, 32 TAHUN 2004 JO. UU RI NO, 12 TAHUN 2008
No full textABSTRACT In raised the issue of implementation: DISPUTE ELECTION VILLAGE HEAD and solutions IN REVIEW BY LAW - SHRIMP IN 2004 JO NO 32 OF LAW NO 12 YEAR 2008 MAS MOUNTAIN DISTRICT CENTRAL KALIMANTAN background of this research problem. disputes exclusive village elections as a legislative body at the level of desa.dapat at say a power struggle, it can be seen why this could happen dispute pepilihan village head, the clash between the two groups that each have the right and obligation, in the organization of village elections less supervision and the actions of the local government, the purpose of this study is to describe the procedures for implementing the government's stewardship of the village which has a duty, obligation and authority. in the process of political reform demanded that local elections should be honest, fair, and clean. without any element of corruption. In this research using empirical juridical methods, field research and interviews as well as where to collect legal material which is then processed and analyzed literature. while the research subjects are disputed election of village heads and completion, the results of this study explain what happened on the ground that the implementation of the conflict basically have various elements that there are two parties involved the objectives made in the target, actions and circumstances which gave birth to a conflict. and factors - factors for the sake of political interests compete for power. rather than the nature of that desired by the village government Pilkades is an honest, fair, clean and free from collusion, corruption, and nipotisme. Regulation walking areas less than optimal, in the implementation of the democratic party there are many problems and issues as early symptoms Pilkades conflict that marred violent unrest that could undermine the integrity and existence of the knowledge society. post Pilkades disputes in some districts or villages the absence of clear rules need to be clear rules of the governor or regent. So that in implementing the decisions required honesty jointly carried unanimously, so bermamfaat for the benefit peopple many, poured in principle to the 4 is a democracy led by the inner wisdom of deliberations of representatives, and (NKRI in indonesian) as the unitary state of Indonesia so that subsequent disputes Pilkades not reoccur any area
TINJAUAN TERHADAP POLITIK HUKUM PEMERINTAH DALAM PENYELESAIAN KEKERASAN TERHADAP ANAK DIDIK DI LINGKUNGAN SEKOLAH DARI ASPEK UNDANG – UNDANG PERLINDUNGAN ANAK (UNDANG-UNDANG NOMOR 23 TAHUN 2002 JUNCTO UNDANG-UNDANG REPUBLIK INDONESIA NOMOR 35 TAHUN 2014)
No full textAbstrackAriza Irnanda, The issues of education in Indonesia at this present is very complex exactly, which is from fund of education that is not proportional, to every deliquency as a criminal act juridically. In a simple sense, educational offense refers to every offense that is happened in educational field. Absolutely, it shows that educational field is not free of guilty, as people think it up till now.An educational offense which is being main focus of this research is a offense that is done by teachers in carrying out their task/proffesion. As we know, sometimes, teachers in carrying out their proffesion making acts that is juridically break the law and inflict their student, for example: Give them punishment like hitting, isolating, or suspending, etc as one of disciplinary action to reach out any certainly educational aims. This research used juridical – normative approach. The data which are relevance to this research have been focused to a secondary data mostly through literate study. Then, those are analyzed as descriptive – analysis.There are three results have been concluded from this research. The first, generally, a kind of educational offense and classification of a criminal act that is done by teacher in carrying out their task. The second, what is the pupose of government in drafting UU Nomor 23 Tahun 2002 about A Children Protection. Both is used to control 2 (two) kind of criminal act that teachers do in carrying out their task, it called: a pure criminal act and criminal act as reflection of disciplinary action. The third, what the role of government in dealing with criminal offenses. In criminal act, those acts have been focused to “Tuchtrech” as a justified reason. In the case of criminal responsibility, for humanity and justice, is reccomended Judge’s effort to forgive teacher’s fault which is called “rechterlijkpardon”. A criminal sanction. Based on flexibility and modification idea, a type of sanction is pointed to double track system, that is : treatment and sentence. Beside that, it’s reccommeded a possibility to lighten or make heavier sanction for a specially and rationally reasons.
GROSSE AKTA YANG DIBUAT NOTARIS SEBAGAI PENGAKUAN HUTANG DALAM PERJANJIAN KREDIT PADA BANK RAKYAT INDONESIA SAMARINDA
No full textABSTRACT Asmara Sari, 2014 GROSSE NOTARY DEED ARE MADE AS IN RECOGNITION OF DEBT CREDIT AGREEMENT WITH BANK RAKYAT INDONESIA SAMARINDA. Faculty of Law, University Seventeen August 1945 Samarinda. Supervisor: (1) Abdul MUNIF SH., M. Hum. (2) Sastiono Kesek, SH, LLM. In the application or implementation is not easy to determine whether grosse deed filed in compliance with the formal requirements and substantive. Especially with regard to the material requirements of the deed grosse. In practice many problematic because of developments in their society grosse deed which is based on a credit agreement of the bank as a principal agreement. Grosse deed of acknowledgment of debt that is overlaid with other agreements such as the power to sell and or authority to install the security rights and others in the grosse deed is not allowed because it causes ambiguous in execution, namely whether the execution was carried out against grosse deed of acknowledgment of debt or the certificate of encumbrance , So this infringe the rules of law set forth in article 224 HIR and fatwa MA No. 213/229/85 / UM-TU / Pdt April 16, 1985 so grosse deed of acknowledgment of debt was not pure debt acknowledgment debtor to the creditor a certain amount and cause the debt recognition grosse deed null and void and the implementation of the execution can not be carried out. And the payment in installments, interest and penalties and other costs to the cost of execution that is overlaid in one grosse deed of acknowledgment of debt can not be justified in accordance with the nature of grosse deed that must be purely unilateral statement of the debtor that recognizes owe certain amount of money to the creditors in accordance with its rules in article 224 HIR and fatwa MA No. 213/229/85 / UM-TU / Pdt April 16, 1985, while the inclusion of a clause on payment in installments, interest and penalties and other costs to the cost of execution should be included in the deed of loan agreement only. The execution procedure grosse deed of acknowledgment of debt does not have to go through the District Court, but in practice it often happens that an application for recognition grosse deed of loan must first pass through the court process and can not be directly applied for the execution of grosse deed of acknowledgment of debt and it will take a long time. While the government bank Bank Rakyat Indonesia Branch Samarinda then be handed over to KPKLN and PUPN, even so when the instasi filed a lawsuit to the District Court, the Court should not be refused on the grounds is not the authority of the Court
PELAKSANAAN PEMBERIAN PERLINDUNGAN HUKUM TERHADAP ANAK SEBAGAI KORBAN TRAFICKING DI PENGADILAN NEGERI SAMARINDA
No full textABSTRAK Hubungan antara rekonstruksi dengan TKP adalah untuk membenarkan keterangan tersangka yang dibuat oleh penyidik dalam rangka kegiatan penyidikan tindak pidana untuk disesuaikan dengan keadaan di TKP sebenarnya. Pada prakteknya, rekonstruksi tidak dilakukan di TKP yang sebenarnya. Hal ini semata-mata dilakukan untuk keamanan tersangka sendiri agar terhindar dari amukan masyarakat. Disamping untuk itu, juga untuk menekan seminim mungkin biaya rekonstruksi apalagi jika TKP dimana rekonstruksi itu akan diadakan berada di luar kota. Tetapi apabila TKP tidak berada di luar kota, pelaksanaan rekonstruksi tetap dilakukan di TKP yang sebenarnya.Apabila TKP-nya belum diketahui dengan pasti maka usaha-usaha yang dilakukan adalah : Melakukan tindakan dengan cara pengusutan yang merupakan tehnik dari penyidikan agar perkara pidana itu terungkap, dimana dengan tehnik penyidikan ini akan diperoleh jawaban atas pertanyaan-pertanyaan dalam bidang pengusutan perkara pidana; Melakukan kegiatan interogasi terhadap pelapor kejadian dan meminta keterangan dari saksi penderita, saksi ahli dan saksi-saksi yang mengetahui pertama kali perkara pidana ini. Meskipun terjadi perbedaan wilayah antara tempat kejadian perkara dengan wilayah tempat diketemukannya korban atau hasil kejahatan tidaklah menghalangi pihak kepolisian untuk mengungkap perkara pidana tersebut, karena walaupun terjadi perbedaan wilayah pihak kepolisian masih tetap bisa saling bekerjasama antara satu dengan yang lainnya
PERBUATAN MELAWAN HUKUM YANG DILAKUKAN OLEH ANAK DI BAWAH UMUR BERDASARKAN KETENTUAN PASAL 1367 KUH PERDATA STUDI DI POLSEK TENGGARONG KUTAI KARTANEGARA
No full textABSTRACTAFHIN WINDRIADI, Faculty of Law, University of August 17, 1945 Samarinda. Unlawful acts undertaken by the Child Under the age of the provisions of Article 1367 KUH Perdata.Studi in police Tenggarong aquatic mammal. This study aims to determine the definition of negligence that resulted in the death of another person and responsibility Parents of children who commit negligence in accordance with the provisions of Article 1367 of the Civil Code in police Tenggarong aquatic mammal.The research was conducted in August. Police Tenggarong in Kutai. This study merupkan kind of descriptive research analyst and also includes normative and empirical research. The type of data used is the data type Primary sourced from the Code of Civil (Civil Code), Act No. 35 of 2014.Based on the results, then be able to determine negligence committed by children and responsibility Parents of children who commit negligence that caused the death of a person under the provisions of Article 1367 of the Civil Code