DEDIKASI JURNAL MAHASISWA
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TINJAUAN YURIDIS TERHADAP IMPLEMENTASI PERDA KOTA SAMARINDA NOMOR 12 TAHUN 2013 TENTANG PERTAMBANGAN MINERAL DAN BATUBARA DALAM WILAYAH KOTA SAMARINDA
No full textABSTRACTIndonesia is a country with abundant natural wealth, which are of mineral. Minerals mine in Indonesia is of mineral excellent and desired by other countries and is used for the people's welfare. Therefore, in order to empower the wealth of mine made the policies in regulating mining activities. Samarinda city that has made the natural wealth in mining Regulation Number 12th at year 2013 on Mineral and coal. This study aims to determine how the implementation of this regulation in the field. Is this regulation is able to answer the needs of mining in samarinda, given the conditions of Samarinda which has now begun damaged surrounded by mining activity. The results showed (1) of this regulation has many defects in its formulation, ranging from using uu that are not used again until many chapters in this regulation as opposed to uu rules above, (2) This regulation does not set the auction process in the process WIUP manufacture. (3) Certificate of Original (SKAB in indonesian) also published in this regulation, whereas SKAB is no longer allowed to be applied based on the Circular Letter of the Directorate General of Mineral and Coal, Ministry of Energy and Mineral Resources Number 02 E / 30 / DJB / 2012. In response to the above, then by reducing the Mining Permit and crack down on violators could be a stepping stone in order to be saved from Samarinda City Environmental Damage which is increasingly severe. In addition to planning a Mining Rule Government should examine in depth so that the Regulation is derived can be executed and implemented in line with expectations without damaging the environment
PERNIKAHAN DENGAN MENGGUNAKAN WALI HAKIM DITINJAU DARI FIQIH ISLAM DAN KOMPILASI HUKUM ISLAM DI SAMARINDA
No full textAbstrakAllah telah memberi batas dengan peraturan-peraturan-Nya, yaitu dengan syari'at yang terdapat dalam kitab-Nya dan Hadits Rasul-Nya dalam bentuk hukum-hukum perkawinan, misalnya mengenai meminang sebagai pendahuluan perkawinan, tentang mahar atau mas kawin, yaitu pemberian seorang suami kepada istrinya sewaktu akad nikah atau sesudahnya. Demikian juga dengan perkawinan itu sendiri yang mempunyai syarat-syarat dan rukun-rukun.Tiap orang dapat memiliki hak-hak, atau dengan perkataan lain tiap orang menjadi pendukung hak dan ia diperbolehkan kalau memliki kecakapan sempurna bertindak sendiri dalam melaksanakan hak-haknya. Fikih Islam menggunakan istilah ahliyah untuk menunjuk arti kecakapan. Kecakapan mendukung hak disebut Ahliyatul Wujub dan kecakapan menggunakan hak terhadap orang lain disebut Ahliyatul Ada'.Pernikahan yang dilaksanakan dengan berwalikan hakim padahal wali nasabnya masih ada dipandang sah oleh Undang-undang dan Kompilasi Hukum Islam, sepanjang wali hakim tersebut telah terlebih dahulu mempertimbangkan boleh tidaknya perpindahan kewalian sebagaimana tersebut diatas
AKIBAT HUKUM TERHADAP RUNTUHNYA JEMBATAN KUTAI KARTANEGARA DITINJAU DARI UNDANG - UNDANG NOMOR 38 TAHUN 2004 TENTANG JALAN
No full textAbstract The road is a pedestrian transportation infrastructure, vehicles, cars and so on that connects between villages, cities, provinces and countries. Besides, it is a bridge between the two regions is the link between villages, cities, provinces and countries, which dipisahakan by creeks or ravines to be able to perform activities of pedestrian or driving.The law that occurred due to the collapse of the bridge Kutai the terms of the Act - Act No. 38 of 2004 on the road, which is dubbed the Golden Gate Bridge Indonesia collapsed during repair and maintenance. The incident has claimed many victims died and injuries - injuries, investigations carried out by the police and experts which have contained findings that the process of implementation of the program of repair and maintenance bridge access road to the bridge was not closed completely.The purpose of writing this scientific work that we know the cause and effect arising in the implementation of development, setting, Implementation, and setting the path to the bridge aquatic mammal which will be incurred as a result - and the legal consequences of violations.The spotlight on the issue is a government agency, police and other relevant parties such as road construction contractors, because there is no implementation of the Act - Act Road.From the research it was concluded that any development activity, regulation, implementation, and setting the path, should use the term two rabbits that communication and coordination between Government Agencies, Police, Community, and the parties concerned, so that the system formulation and implementation can be realized according to plan and to get good results and efficient
PERKAWINAN DIBAWAH USIA MINIMUM DAN CARA MEMPEROLEH IJIN KAWIN SERTA AKIBAT HUKUMNYA
No full textABSTRAKUntuk meminta dispensasi kawin di bawah usia minimum tersebut yaitu bahwa orang tua dari anak yang akan dimintakan dispensasi kawin tersebut disebut sebagai pemohon datang ke Pengadilan Agama dengan membawa surat pengantar atau surat permohonan dispensasi kawin dari Kantor Urusan Agama (KUA) diwilayah tempat tinggal pemohon. Surat permohonan tersebut berisi pemberitahuan bahwa pemohon (orang tua) bermaksud untuk mengawinkan anaknya yang masih di bawah usia minimum berdasarkan alasan-alasan yang sebenarnya.Setelah Pegadilan Agama menerima dan mempelajari permohonan tersebut, kemudian Ketua Pengadilan menentukan hakim yang akan meminpin sidang. Apabila rencana perkawinannya ditolak oleh Pengadilan Agama, maka sebaiknya kedua calon mempelai tersebut menunda dulu rencana perkawinannya sampai usia dari kedua atau salah satu calon mempelai cukup untuk melangsungkan perkawinan sesuai dengan Undang-Undang Nomor 1 Tahun 1974.Akan tetapi ada juga karena tidak mau menunda rencana perkawinannya, maka kedua calon mempelai tersebut melakukan perkawinan sirri. Sedangkan kawin sirri tersebut tidak mempunyai akibat hukum karena perkawinannya tersebut tidak dicatatkan ke Pegawai Pencatat Nikah (PPN).Kata kunci : Perkawinan dibawah usia minimum, cara memperoleh izin kawin, akibat hukumnya
HAK – HAK TERSANGKA PADA TINGKAT PENYELIDIKAN DAN PENYIDIKAN DALAM PROSES PERKARA PIDANA DI POLTABES SAMARINDA
No full textABSTRACT Suspect dealing with the public prosecutor before the courts, both have the same position as well as the rights they have. Prosecutors will try to provide evidence to the court that can convince a judge that the suspect guilty and deserve to get a penalty. Prosecutors will try to show the items of evidence relating to misconduct in the case that alleged the suspects. Even the public prosecutor can bring witnesses who can incriminate a suspect. While the suspect himself entitled to deny what has been alleged by showing the evidence, even what he has alleged is not true. The suspect also can bring witnesses who can relieve it (witness a de charge). If the suspect was able to prove that he is innocent, then the interrogation of suspects and defendants discontinued immediately free of any charges that have been attributed to him. If the suspect can not prove that he is innocent, then the criminal proceedings against the suspects will be forwarded to the final stage. If there has been a violation of his rights by investigators, the suspect can do something that can make the investigator in question must be accountable for his actions. Legal remedies that may be filed by the suspect, his family and his lawyers are pre-trial efforts. With this pre-trial, suspects could get justice for violations of their rights that have been carried out by investigators. Another thing that can be done by the suspects to investigators who have violated their rights to make efforts to force and violence against the suspect is to report the investigator to the authorities, that the investigator who reportedly has committed the crime by committing violence against a suspect who can associated with Article 351 of the Criminal Code of the persecution that led to suspects suffering from both physical and spiritual. Obstacles encountered in providing legal protection is not yet the enactment of existing laws and regulations in as much as there are sociological does not apply in the community. In addition due to the attitude of the defendant itself that can not be invited to cooperate. Another thing that causes is still incomplete enforcement of the rights of the suspect because of the low level of professionalism officials investigator investigators and officials in performing their duties. Lack of existing facilities and infrastructure and the lack of funds to conduct investigations and inquiries also causes still somewhat difficult enforcement of the rights of suspects. There is still a lack of supervision and control by the time checks take place, thus making the investigator freely at will itself carry out checks according to the way in lov
PENGUNGKAPAN BUKTI ADANYA PERBUATAN PIDANA DENGAN MENGGUNAKAN IDENTIFIKASI SIDIK JARI DI POLRES KUTAI
No full textAbstractIn recent years this problem of improving the quality and quantity of crime in Indonesia, has been frequently discussed. Even to say that the development in quantity of crimes in Indonesia from year to year shows a figure tends to increase. Police Kutai Barat as the responsible agency in the field of security and public order cities Kutai Barat, have tried as much as possible in various ways in tackling security and public order disturbances. One of the most important means for the reintroduction of a wanted criminal was fingerprinted.According to the Code of Criminal Law Article 1, paragraph 2, which referred to the investigation are:"Serangakain action investigator in the case and in the manner stipulated in this Law to search for and collect evidence, that the evidence can make the light on the crime that occurred in order to find the suspects".Because fingerprints play an important role in the investigation, the investigator should really have the patience, perseverance, skill and have sufficient knowledge, especially knowledge about the searches or processing traces of fingerprints at a crime scene in order to obtain good results
TINJAUAN YURIDIS TERHADAP PENYALAHGUNAAN LEM FOX OLEH ANAK JALANAN DAN REMAJA SEKOLAH (STUDI KASUS DI KOTA SAMARINDA)
No full textABSTRACT This study aims to determine the factors that led to that street children and adolescents abusing school glue fox and to determine measures to be taken to prevent its misuse.This research was conducted in the city of Samarinda precisely in Samarinda Police Office as well as on various roads or gathering place for street children and adolescents of school.The method used is qualitative case study approach with interview techniques.Results of the study authors, there are factors that encourage street children and adolescents abusing school glue fox in the city of Samarinda namely that the dominant factor is the influence of the environment both in neighborhoods and schools, and also due to the inability to buy drugs are relatively expensive and not according to ability economy of street children and adolescents of school as a user, so as an alternative to using addictive substances were relatively easy to obtain dangerous to inhale glue the fox, but it is also due to the curiosity of the fox glue itself so began to try and finally addiction, as well as other reasons due less harmonious family relationships, so that led to the abuse of glue fox as a fugitive on the issue.In getting solution the abuse of fox glue, Pre-emptive efforts had only limited to providing education or enlightenment about the dangers of narcotics and other addictive substances to parents and pupils in various schools in the city of Samarinda, Preventive efforts also in the form of a routine patrol and surveillance accompanied by police raids assisted Satpol PP around the streets of the city of Samarinda, and last Repressive efforts to curb, the return of children to parents along with a warning as well as the construction of a rehabilitation center for drug users and other addictive substances including for abusers glue fox, so that the effort required of all three increased functionality and support as well as community participation. Keywords: fox glue, addictiv
KEABSAHAN STANDART KONTRAK YANG DIBUAT TERLEBIH DAHULU FORMATNYA DI TINJAU MENURUT PASAL 1320 KUH PERDATA JO PASAL 1338 KUH PERDATA
No full textABSTRACTRegarding the validity of standard agreements that in this case the agreement between Perusda taps with the fact that the customer is considered to contain weakness especially if connected or in terms of Article 1320 Article 1338 BW BW Jo. Said to contain a weakness because the agreement contained no standard agreement (consensus) in the broad sense of the two sides, but only one-sided. While the applicant in giving the deal is only fictitious. Thus the standard agreement not only contains a weakness, but also deviated from the principles contained in Article 1320 BW 1338 BW Jo chapter. So it can be said of the legality standard agreement when viewed from Article 1320 Article 1338 BW BW Jo formally it can be said that the agreement is not valid standards. But this case we are faced with the problems that inevitably recognize the existence of a standard agreement as a means to meet the many needs of the community in supporting the survival, growth becomes vital as a means of fulfilling the primary requirement.Attachment problems of the parties to the standard agreement of the parties is able to foretell anything, as long as it is not contrary to law and morality, and what was agreed legally binding like a law. In relation to the standard agreements held by Perusda taps and customers or consumers, as long as it is agreed upon standard agreement and there is no injured party then the agreement is considered valid as stated in article 1338 paragraph (1) BW. Moreover, the standard agreement which became the object of the agreement is a vital means (water consumed) which is a primary need that is impossible to ignore by all humans in his life. This should be acknowledged its existence
PENERAPAN KLAUSULA EKSONERASI DALAM PERJANJIAN PENITIPAN BARANG DI HOTEL BERBINTANG V (STUDI PADA HOTEL SAHID JAYA JAKARTA)
No full textABSTRACTIONThe extent of the deposit liabilities RECIPIENTS singer hung from the following: Fill their approval Yang has promised; Purpose And Individual Contract Nature ITU. Apart from the breadth of storage Goods issue consignment, section 1706 gives affirmation as a guideline: RECIPIENT deposit required to "maintain" as befits her surrogate Goods Goods maintain Alone. Maintenance obligations entrusted goods, starting from the Establishment Contract and Delivery of Goods. Maintenance and hearts did he "should not apply passip". Maintenance Not Work As then Saja. But it should be made WITH Maintenance Safety That Gives Certainty differences of Goods, According WITH contents and nature of the agreement Yang accompanied ATTITUDE Good faith. Goods in Custody Agreement in Grand Elty do Operates written and poured hearts Custody Form for Goods. Contents And Form for each AT DIFFERENT depending starred hotels. Nevertheless ON generally consists From Identity penitip, (name, address, number ROOM And Sign serbi, Custody number, date / time Decision As well as the name and Signs About Custody Officer Yang ACCEPT). Besides IT AT-Star Hotel in Grand Elty The prayer System using the key ON Care Goods, written magnitude replace Losses Should be replaced by parties Hotel When eliminating key carries. There are some important HAL The content of the agreement is NOT listed hearts Care Goods at Hotel Grand Elty. Between lay, NOT mentioned Remedies In Case of damage / loss of goods whose entrusted Due to Errors Officers Hotel And Losses The magnitude of dressing received penitip. Goods in Custody Agreement Hotels Only Applies For The Guest Room hire Hotel, HAL singer can Seen ON Card Custody Receipt Goods Which Must therein specified number ROOMS The guest in question.Searching Google Pages approval of the agreement ROOMS Hotel Hence arises the rights and obligations of the parties to carry out the review Achievement. One is get the right tenant for the Protection of Goods luggage. The rights set hearts of Article 1709 of the Civil Code and Article 28 of the Decree of the Director General of Tourism No. 14 / U / II / 98. Some of the rights to the reviews get Protection Against The goods has fulfilled By Leader Hotel Namely WITH disediakannya Care Goods. But in one of the parties of their rights eliminated Alone By Leader Hotel WITH existence exoneration clause The deployment of IN Guest Card And Forms Services Directive. Custody exoneration clause intended Item Also dihotel By Leader Hotel to review the contents of the agreement supports the Custody of goods subject to ADA IN Custody Form Item. Besides the clause hearts ITU ABOUT Also notified their storage Safe Goods. As for the obligation of notifying shown to the Leader Hotel Guest Hotel to review storing luggage storage place Valuable Treasures Provided Hotel, has set hearts of article 29 paragraph (2) Decision of the Director General of Tourism. On one side of the Good BECAUSE THINGS is a prayer One Form responsibility Against the Safety Leadership Awards goods the Guests That WITH let them know where the safe box. But unfortunately HAL is followed or preceded BY clause of exoneratio
ZONASI ANTARA STASIUN PENGISIAN BAHAN BAKAR UMUM (SPBU) DENGAN PERMUKIMAN PENDUDUK DITINJAU DARI HUKUM TATA RUANG DI SAMARINDA
No full textABSTRACT This study aims to determine the stages, terms and conditions that must be done in the development process of a General Fuel Filling Station (gas stations) in Samarinda and to determine what sanctions can be awarded against violations of the applicable provisions of the development and activities of Charging Stations General Fuel (gas stations) in Samarinda. This research was conducted by the sociological juridical approach that examines the legislation and the fact that there are seen from the perspective of law enforcement.Based on the research that has been done, it is known the terms, conditions and process of the establishment of a General Fuel Filling stations (gas stations) in Samarinda, namely 1) Register online on the official website of PT. Pertamina, which stages include inputting location data and account activation, employer profiles, company profiles and layouts. 2) Verify the initial form of the selection of financial preparedness and readiness of selection of land. 3) Verify field to synchronize the data that has been disikan with the fact the field. 4) Approval of the business feasibility of the PT. Pertamina then prospective partners are asked to complete the application for a new permit requirements General Fuel Filling Station (Gas Station). The four stages that must be done before building General Fuel Filling Station (Gas Station) with a construction period that has been determined by the PT. Petamina. Given legal effect when the building General Fuel Filling Station (Gas Station) is not in accordance with the provisions of Samarinda City Regional Regulation No. 34 of 2004 on Building In Samarinda City area may be liable to criminal sanctions (imprisonment or fines) and administrative sanctions, and based Samarinda City Regional Regulation No. 11 Year 2014 on the Implementation of Exertion or Oil and Gas Activities can be subject to administrative sanctions.From this conclusion, the authors suggest to the government of Samarinda to be more careful in the process of verifying the licensing General Fuel Filling Station (Gas Station) with more attention to the existing terms and conditions in accordance with the legislation in force and to maximize the application of rules and appropriate sanctions with the legislation in force. Keyword : zonation, SPBU