DEDIKASI JURNAL MAHASISWA
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TINJAUAN MENGENAI SISTEM HIBAH HARTA KEPADA ANAK ANGKAT MENURUT KOMPILASI HUKUM ISLAM
No full textAbstract Adoption is not a new problem. Since the days of Ignorance, adoption has been done in a way and motivation vary in line with the system and legislation in force at the relevant community. Adoption can be categorized as legal acts due to adopt a child, means someone has taken someone else's child to be a part of his own family and in the end, there will be a legal relationship between the people who raised and raised children. Adopted children have a role as well as proximity to family members adoptive parents, so he sometimes treated the same as their own children. Awarding grants is one way that can be done by foster parents to children adopted as a form of love that has existed between the two. Because Islam clearly confirms that the relationship between the adoptive parents with one child both have adopted do not cause the inheritance relationship heir, thus an adopted child does not inherit from a parent angkatnya.Hibah or testament is one way or effort in terms of transfer of property pursuant -Undang Islam. Grant is the provision of the applicable property during the life of the grantor, while the will is the provision of the applicable property after the death of a will
PERANAN PEMERINTAH DALAM KAITANNYA DENGAN PERJANJIAN FRANCHICE BENTUK USAHA ALFAMIDI DI SAMARINDA
No full textAbstractIn Indonesia's economy, one of the fields is quite prominent is the trade sector. It has three main activities, namely the economic system of production, distribution and consumption. One way of distributing the expanding business internationally is through licensing, as an alternative attempt to get closer to consumers in a country as well as to reduce the impact of transport costs high export, as well as the risk of loss of product from the market as a result of transportation risks and embargo which may done politically.Freedom of contract would only result in maximum benefit when there is an unfair distribution of wealth it or is not satisfactory, then the exchange generated by the agreement will reflect the injustice and discontent. Important qualification of the progress of freedom of contract to produce a satisfactory distribution was almost completely been ignored by the classical economists are rarely questioned about inequality in society. The use of goods produced in Negeri.Sebagai suppliers or the Franchise thus get boost and develop small and medium enterprises in Samarinda
PERMASALAHAN TIDAK DILAKSANAKANNYA ASAS ITIKAD BAIK DALAM PERJANJIAN ELEKTRONIK
No full textAbstractThat the Republic of Indonesia is including developing countries, and the development of the Indonesian state is not just in one area, but in all fields. In the long term development of this began to seem that the people of Indonesia experienced a change that leads kemasyarakat consumptive and productive. It is very clear from the diverse needs of the community and are included in the category of simple goods to luxury goods.Facts show that gradually and surely. the forms of agreements that are used in Indonesian society has changed and agreement perkembangarn Originally conceived as the terms and conditions agreed by the parties as a result of negotiations or negotiations between parties making. However, at this point indicates that most are not found agreement in the form of standard or standard (standardized contract) and electronic agreement (digital contract) are widely used in electronic commerce (e-commerce).The need for cadre for law enforcement to recognize and further insight and depth of technology and electronic information in order to avoid mistakes in the understanding of technology and electronic information that, due to the implementation of the legal acts that occurred conventional system differs from the implementation of the legal actions that have used technology system
TINJAUAN YURIDIS TERHADAP PUTUSAN PRAPERADILAN TENTANG SAH TIDAKNYA PENANGKAPAN SUPIR DAN PENYITAAN TRUK ANGKUTAN PENGISI BAHAN BAKAR MINYAK (SOLAR) BERSUBSIDI (PUTUSAN No : 01/PID.PRA/2013/PN.SGT)
No full textABSTRAK KUHAP telah menciptakan sebuah mekanisme kontrol bagi para penegak hukum dalam menjalankan tugas senantiasa fokus dan meningkatkan profesionalisme kerja sehingga tidak terjadi kesalahan dalam upaya paksa berupa penangkapan, penahanan, penyitaan yang nyata melanggar hak asasi manusia yang telah dilindungi oleh Undang-undang, meskipun di dalam KUHAP tidak diatur mengenai wewenang praperadilan untuk memutus sah tidaknya penyitaan namun tetap saja penyitaan merupakan salah satu upaya paksa yang bisa melanggar hak seseorang. Tanggungjawab seorang penyidik tidak hanya terletak dari cepatnya penyelesaian sebuah kasus pidana namun juga dituntut untuk menjaga hak-hak kemanusiaan, disamping itu penyidik juga harus memperhatikan berbagai peraturan-peraturan tentang bagaimana tata laksana penyidikan sehingga tidak terjadi penyimpangan-penyimpangan dalam melaksanakan tugas dan fungsi sesuai wewenang Undang-undang. Dalam hal tertangkap tangan, Penangkapan dilakukan tanpa Surat Perintah Penangkapan dimana seorang polisi berbuat menurut penilaiannya sendiri guna kepentingan umum, namun orang yang ditangkap dengan tertangkap tangan belum tentu memenuhi syarat formil untuk ditangkap. Berdasarkan hasil Penelitian terhadap Putusan No : 01/PID.PRA/2013/PN.SGT yaitu Penangkapan dan Penyitaan dilakukan dengan alasan tertangkap tangan, Penyidik harus lebih teliti menentukan apakah seseorang benar-benar telah melakukan suatu tindak pidana sehingga dapat dilakukan Penangkapan dan Penyitaan terhadap benda-benda yang diduga digunakan untuk melakukan tindak pidana, kemudian dalam KUHAP terkait Penyitaan dalam keadaan tertangkap tangan yaitu bahwa penyidik harus segera melaporkan benda yang disita guna memperoleh persetujuan dari Ketua Pengadilan Negeri setempat, kata segera yang dimaksud seringkali dikesampingkan contoh dalam Putusan No : 01/PID.PRA/2013/PN.SGT hari disaat dilakukan penyitaan dengan alasan oleh Penyidik tertangkap tangan baru memperoleh persetujuan Penyitaan dari Ketua Pengadilan setempat hampir 1 bulan setelahnya sehingga hak-hak seseorang terutama hak milik terkesan dikesampingkan oleh Aparat Penegak Hukum.Kata Kunci : Praperadilan, Penangkapan, Penyitaan, Putusan, Solar, Bersubsidi
EFEKTIFITAS MEDIATOR DALAM PENYELESAIAN SENGKETA PERDATA DI PENGADILAN NEGERI
No full textABSTRACT Law is a set of written and unwritten rules if violated will be sanctioned. Therefore, the existence of the law will protect the rights and obligations of each legal subject peacefully, while peace itself is a harmony between the order (order) with peace, civil cases court process is a process of fact finding and information from both sides, as a judge act as a mediator or a neutral third party, will guide and assess reasonable attention to the opinions of both parties and in case of an agreement will be formalized in a decision which it confirms the legal rights and obligations of the parties Decision peace also has the power executorial as well as court rulings and binding affirmed in Article 130 paragraph (2) HIR. Decision deed of this peace can not compared because under Article 154 Rbg / 130 HIR, deed decision peace is a supreme decision and no appeal and cassation against him. Implementation of PERMA No. 1 of 2008 on mediation procedure in this trial has yet to bring success. In an attempt to give birth to a mediator who has skills as a trial partner, is expected to Each and Every court to mediation training event for mediators. Keywords ; mediator , Perma No.1 Tahun 200
¬¬¬¬¬¬¬¬TINJAUAN YURIDIS TINDAK PIDANA PENIPUAN DENGAN MENGGUNAKAN HIPNOTIS (DI WILAYAH HUKUM KEPOLISIAN RESORT KOTA SAMARINDA)
No full textAbstractionForm of crime in the big city at present is more diverse. For a long time criminal uses violence or take advantage on people can be note in the last couple years appeared a unique form, it is fraudulence use hypnosis. This method works only by tapped the shoulder of the victim or glared to him. The crime with hypnosis modus is not only issue alone but happening around us. The most victim is women, in split second the victim without conscious obey all the command from villain, usually the villain will ask for the victim to give all their treasure, such as jewelry, money or even submit their virginity also. Criminal offense with using hypnosis knowledge is one of the kind modus of crime this time happening rife in the society. The crime with hypnosis modus widely used caused the method to trick the victim is not need violence. For that with the increasing number of violations of the law, then the law must be enforced. So through law enforcement is expected to reduce crime in the community.These researched to elaborated the view of criminal law against the crime of using hypnosis in the Resort City Police Samarinda included the role and efforts of law enforcement officers to solve the issued. These researched had done in the Resort City Police Samarinda. The method used for these researched were using primary legal material, tertiary and secondary data to supported the implementation to the problems examined.The result of this researched showed the rules of law enforcement officers especially Police has a very important rules to solved the crimes in a country, law enforcer as a represent of country to nurturing, protect and guide of the society. In this researched view of criminal law against the crime of using hypnosis was committed the crime of fraud using hypnosis could be imprisoned with article 378 KUHP with a maximum sanction of criminal penalties for four years imprisonment. Meanwhile the effort of law enforcer to overcome crime criminal fraud by using hypnosis in Samarinda are (1) prevention by doing extension activities and increase security surveillance in various places.(2) enforcement effort are prosecution and punishment for the fraudulent and development effort by penitentiary be in the form of spiritual founding, physical founding and skills founding
KEKUATAN ALAT BUKTI PETUNJUK DALAM PERKARA TINDAK PIDANA KORUPSI (TINJAUAN PASAL 26 A UNDANG-UNDANG NOMOR 31 TAHUN 1999 Jo. UNDANG-UNDANG NOMOR 20 TAHUN 2001 TENTANG PERUBAHAN ATAS UNDANG-UNDANG NOMOR 31 TAHUN 1999 TENTANG PEMBERANTASAN TINDAK PIDANA KO
No full textABSTRACT It is recognized by the public that corruption is a major problem of this nation that should be addressed as effectively as possible, because otherwise this nation would be worse off into destruction, corruption proven to cause widespread poverty, rising unemployment, growing state debt, the worse public services, the construction of the hampered, rampant abuse of authority, theft of public money on a large scale, weak rule of law and the existence of legal handling of selective logging. Keep in mind for the general public in dealing bahwasannya in corruption cases required at least two valid evidence to be able to penalize a person who lodged the case, therefore, is not an easy thing for a judge to penalize the perpetrators of the corruption cases.The method I use is the method of Normative Legal research is conducted to obtain primary legal materials, legal materials and secondary materials tertiary law regarding criminal law review, the instructions related to the strength of the evidence as valid evidence in corruption cases and the use of evidence of instructions as the basis for court decisions and the type of research used in this study is the approach of the Act (the statute approach) whose formulation with respect to the norm ambiguity on the formulation of Article 26 a of Law No. 31 of 1999 Jo Act No. 20 of 2001 on the Amendment Law Number 31 Year 1999 on Eradication of Corruption. The nature of this research is descriptive analysis, which is explained in full, clear and detailed and systematic research on the strength of evidence in the instructions as valid evidence in corruption and the use of evidence as a basis for court rulings instructions.Based on the results of the study authors conclude that the attitude of the judge in determining the evidence instructions, contained in Article 188 paragraph (3) Criminal Procedure Code requires the judge to do it again wise wise, because the evidence in this manual entirely in the hands of the judge then it is proper assessment of the strength of evidence must be made by the judge with the wise, thoughtful, and objective.Combating corruption can not be done by the Commission and law enforcement alone, but also requires a synergy and a common perception of all components of the nation. Hope author community participation is needed and has significance in combating corruption strategy. On activities that are repressive, the public could be the reporting of alleged corruption and bureaucracy, especially in the public service, while in terms of preventive, primary act of eradication of corruption can be started from the respective self-awareness to obey the law and stay away from corrupt actions
TINJAUAN YURIDIS LEGALITAS PENYADAPAN KOMUNIKASI MELALUI TELEPON SEBAGAI SUATU ALAT BUKTI DALAM PERKARA TINDAK PIDANA KORUPSI
No full textABTRACT The term telematics legal embodiment of the telecommunications law , Media Law and Information Technology Law , other terms used are Information Technology Law ( Law of Information Technology , ) the law of cyberspace ( virtual word law ) and the law mayantara . The term birth because the activities carried out through a system of computer networks and communication systems both locally and globally ( Internet ) by using information technology and communications or transactions electronically , particularly in investigations and matters related to the delivery of information . Communication and interaction or electronically , particularly in terms of evidence and matters relating to legal actions carried out through electronic systems .One of the growing use of technology areas that we often hear tapping or better known as intresepsi , with various controversies that followed . Occurrences intercepts as specific rules actually noble , normatively known in 1997 when the enactment of Law Psychotropic Substances ( Law No. 5 of 1997 ) with effect from March 11, 1997 and Narcotics Law Undnag long ( Law No. 22 of 1997 which entered into force on 1 September 1997 ).In Act No. 11 of 2008 on Information and Electronic Transactions ( ITE Law ) in Article 31 paragraph ( 1 ) also stated that the ban on people who knowingly and looks or unlawful interception or eavesdropping over the conduct of electronic and information or documents electronically in a computer or electronic system specific and belong to someone else this provision refers to Article 31 paragraph ( 3 ) which states " except " interception by law enforcement at the request of police, prosecutors and other law enforcement agencies or institutions established under the laws .Tapping action as a source for obtaining evidence legally performed and justified by law with certain conditions , there are 9 ( nine ) rules and regulations including the Book of the Criminal Justice Act , which became the basis of legal acts performed tapping the interest of justice , the action tapping in order to evidence the truth in court can only be done for special crimes like corruption and terrorism .Keywords : Technology, Tapping, Crimina
IMPLEMENTASI UNDANG-UNDANG NOMOR 20 TAHUN 2003 TENTAG SISTEM PENDIDIKAN NASIONAL TERHADAP ANAK YANG KURANG MAMPU DI KOTA SAMARINDA
No full textABSTRACT Implementation of Law Number 20 Year 2003 on National Education System Against Underprivileged Children In Samarinda. Guided by mother Kunti Widayati, SH, M. Hum as Supervisor one and Dra. Sitti Aisha, SH, MM as Supervisor two. This study attempts to formulate the problem about Fulfillment Right to Education for underprivileged Children and Causes of Underprivileged Children Age Schools were not able to continue their education, and Government Participation In Handling Underprivileged Children In Samarinda City can not continue Education. The purpose of this paper, to explain how the application of the Rights of the Child's Rights Education that the presence of higher education can create quality human resource for the nation and that of the State as well as what things can be factors underprivileged children do not continue education, and the role of the government in dealing with the fulfillment of the right to education for underprivileged children. This research method is to use a normative juridical method is by using the resources of the library and Empirical Methods Juridical that the research in the field. Discussion of this paper describes a formulation of the problems associated with the cause of underprivileged children do not continue their education and the role of local government in the city of Samarinda handle fulfillment underprivileged children the importance of education. From the results of research and discussion, it is known that many factors cause underprivileged children do not continue their education primarily economic factors, and in this case the government is obliged to formulate a program for underprivileged children for the welfare of underprivileged children in the city of Samarinda.Keywords : National education system, education for disadvantaged childre
PELAKSANAAN ASIMILASI BAGI NARAPIDANA TINDAK PIDANA KORUPSI TERKAIT PERATURAN PEMERINTAH NOMOR 99 TAHUN 2012 DI LEMBAGA PEMASYARAKATAN KLAS II A SAMARINDA
No full textABSTRACTHaving decided the defendant guilty of corruption by Judge and obtain permanent legal force (inchract) then terpidana criminal acts of corruption is the responsibility of Correctional Facility when executed by the prosecutor. Coaching and treatment for convicted corruption is certainly not the same as convicted - other criminal cases. The age factor and respected positions of corruption convicts causing their social status above from other convict. Implementation of inmates in the construction of Correctional Facility is a way out for the building and also to return the inmate to the right path. One of the construction program undertaken by Correctional Facility is assimilation.The purpose of the government issued Government Regulation No. 99 of 2012 is to provide a sense of security to the community and meet the community's sense of justice. Besides, the government also wants to provide a deterrent for offenders, especially corruption. While the meaning of assimilation is effected Convict construction process with confounding convict in community life. The form of assimilation is education, skills training and social work activities. Based on the above reasons, then the problem can be formulated as follows: The first, How execution for convict assimilation related corruption Government Regulation no. 99 of 2012 in Correctional Facility Class II A Samarinda? Second, What are the barriers and obstacles in the implementation process of assimilation in Correctional Facility Class II A Samarinda? third, how Attempts to overcome constraints - constraints in the implementation of Assimilation in Correctional Facility Class II A Samarinda?From the research and discussion of some of the conclusions obtained are: The first implementation of the assimilation of convict related corruption Government Regulation no. 99 of 2012 in Correctional Facility Class II A Samarinda generally shaped social work with a third party (social institutions). Second, many obstacles encountered, until hamper the smooth assimilation of third parties and the efforts made by the Board of Correctional Facility class II A Samarinda in the launch of assimilation is pretty good although in practice plagued the existing legal framework. Third, the implementation of assimilation for the criminal acts of corruption in the criminal Correctional Facility class II A Samarinda has a maximum, after which an inmate can freely accepted back in the community