DEDIKASI JURNAL MAHASISWA
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FAKTOR-FAKTOR YANG MENJADI KENDALA DALAM PEMBERIAN BANTUAN HUKUM SECARA CUMA-CUMA (PRODEO) DALAM PERKARA PIDANA DI PENGADILAN NEGERI DI SAMARINDA.
No full textABSTRACT There is so many people who cannot afford and who didn’t know sifgnificance of the role of legal aid, Because they didn’t know what and how to get a legal aid. But actually when they know efforts what to do it’s not too difficult. They simply declared incapable by accompanied a letter from neighborhood association, chief of police, the head of prosecutor’s office, and head of social and political. The existence of factors that become obstacles to implementation of legal aid free of charge, among them : don’t dare to ask suspects the presence of legal counsel at the level of investigation, fear because incapable to pay, suspects was resigned to and feel guilty, the investigators found the presence of legal counsel could be a obstacle in the process of interogation in making news of the proceedings, the limited time and condition that sometimes is not possible as well as the limited funds. Still so many people caught a criminal offence who does not get the right to obtain legal assistance or accompanied by a legal advisor in all levels of the process of investigation a result of the negligence of the officials concerned. It is in a known future. The vedict has been set by the judge at the time ago will be annulled by law and suspect has the right to be free from all claims submitted to hi
TINJAUAN YURIDIS TENTANG RESIKO PERJANJIAN PENDAHULUAN DALAM PELAKSANAAN JUAL BELI RUMAH PADA PENGEMBANG PERUMAHAN PT. RUMAH RAKYAT DI SAMARINDA
No full textABSTRACT Along with the increase of population, the need will be increasing as well. In order fulfillment and improvement of people's welfare, development plays an important role. The development contains major changes, which include changes in the economic structure, change the physical territory, changing consumption patterns, changes in natural resources and the environment, and so on.Housing and housing is a basic human need and has a very strategic role in the formation of character and personality of the nation, and needs to be nurtured and developed for the continuation and improvement of the lives and livelihood of the people. Housing and settlement can not be seen as a means of life needs solely, but more than that a man in the process of creating space live life to promote himself, and reveal identity. To ensure legal certainty and order in the home construction can only be done on land owned by the rights over the land in accordance with the legislation in force
MASALAH KERUSAKAN DAN KEHILANGAN BAGASI TERCATAT PENUMPANG PESAWAT UDARA DI BANDARA INTERNASIONAL SEPINGGAN - BALIKPAPAN
No full textABSTRACTWith conditions changing strategic environment, and current flight organizer needs, many of which are new policy set within the provisions of the transport number 1 in 2009. Act No. 1 of 2009 governing the flight in Indonesia, in Article (1) number 1 states 'flight is a unified system consisting of the use of airspace, aircraft, and airports, air transport, air navigation, safety and security, the environment and supporting facilities and other facilities. While this paper has theoretical and practical benefits, this paper is expected to be used as the initial information in the field of law for the academic community to know more about the development of air transport law, especially regarding the transport of goods. This paper is practically can provide input for a personal author, community government, and the parties that are directly related to the activity of an air transport, so as to provide air transport services are good and comfortable for passengers
PERANAN VISUM ET REPERTUM PADA TAHAP PENYIDIKAN DALAM MENGUNGKAP TINDAK PIDANA PEMERKOSAAN
No full textABSTRACTVisum Et Repertum role in the criminal proceedings is very important, especially in resolving matters relating to the soul or body of a person , given the judges , prosecutors and lawyers only legally be able to master . Vise as documentary evidence, as well as other evidence which in article 184 Criminal Procedure Code that are not binding on the judge . This is consistent with the negative evidence in criminal procedural law adopted in Indonesia , where the element of conviction the judge plays an important role in the process of resolving a criminal case.Visum Et Repertum role as documentary evidence help the public prosecutor in making the demands that will be put forward upfront trial. Because in Visum Et Repertum it contained or contains the information of a doctor and a description of what is seen and found on examination of evidence and can be used as a material consideration in decisions of judges
PENERBITAN BANK GARANSI PADA LEMBAGA PERBANKAN MENURUT UNDANG – UNDANG NOMOR 10 TAHUN 1998
No full textAbstractProvision of Bank Guarantee is one of the functions of the Bank, in addition to the function of providing a wide range of banking services. As a policy, the Bank Guarantee given to customers of the Bank with the aim of providing assistance that are pertinent customer support who will perform work tasks that are very limited and selected. Bank to Bank Guarantee issuing a written acknowledgment that it agreed to adhere to the insured in order to fulfill the obligation secured within a certain period of time and with certain requirements in the form of payment of a certain sum of money in the future is assured if it did not fulfill its obligations to the recipient warranty or guarantee in the future if it turns default (default). Provision of Bank Guarantee is one of the functions of the Bank, in addition to the function of providing a wide range of banking services. As a policy, the Bank Guarantee given to customers of the Bank with the aim of providing assistance that are pertinent customer support who will perform work tasks that are very limited and selected
TINJAUAN YURIDIS TENTANG PENERAPAN RESTORATIVE JUSTICE PADA KASUS TINDAK PIDANA ANAK DI TINJAU DARI UU NO. 11 TAHUN 2012 TENTANG SISTEM PERADILAN PIDANA ANAK
No full textABSTRACT Restorative Justice is the resolution of criminal cases involving offenders, victims, families perpetrator/victim, and other relevant parties to work together to find fair settlement with emphasis on restoring back to the original state, and not retaliation (Article 1 paragraph 6 of Law No. 11 Year 2012 on the Criminal Justice Child System). The basic process is done through the application Discretion (Police Authority) under Article 18 of Law No. 2 of 2002 on the Indonesian National Police and Diversion (Article 1 Paragraph 7 of Law No. 11 Year 2012 on the Criminal Justice Child System).The purpose in writing this law is to determine an equitable application of sanctions (Restorative Justice) against children in accordance with Law No. 11 Year 2012 on the Criminal Justice Child System which ensures certainty and legal protection of children and child away from judicial proceedings and sentencing are not good for the soul, dignity and child future. This research uses a technique that is normative juridical research or study procedure by referring to some of the principles of law, rule of law principles, and the principles of law relating to the substance of legislation that are general and specific. And do a bit of field observations in order to determine whether the concept has Restorative Justice applied in the handling of cases of children in conflict with the law. Data collection techniques used by collecting primary materials (Rule of Law) and secondary materials (Articles, web pages and books) as well as conducting interviews at the law enforcement officials involved (KAPOLRES Tenggarong and BABAS Samarinda).From the results of the study found that the application has been implemented through the Restotative Justice Police Discretion and Diversion Restorative Justice based approach. In the case of court settlement children almost everything can be resolved with the Restorative Justice exception of severe cases.It is expected that the law enforcement approach should focus on Restorative Justice in each case the child for the realization of justice according to conscience (Moral Justice), attention to Justice Society (Social Justice) and consider the justice according to the law (Legal Justice) so that the achievement of the highest award for justice (Presice Justice). In completing Crime committed imprisonment child must be the Last Action (Ultimum Remedium). Keywords : (The Application of Restorative Justice, Child Protection)
TANGGUNG JAWAB REKANAN PEMERINTAH DALAM PELAKSANAAN PROYEK PEMBANGUNAN JEMBATAN KEMBAR DI KOTA SAMARINDA BERDASARKAN PERATURAN GUBERNUR KALIMANTAN TIMUR NOMOR 38 TAHUN 2012
No full textABSTRACT Mahakam’s bridge was a bridge that connected Samarinda with Samarinda Seberang and other cities like Balikpapan, Kukar and Kubar. Along with the rapid of population growth and economic in Samarinda gave an impact to the user of traffic to the bridge over the Mahakam that connected Samarinda’s city and Samarinda Seberang with the inter-city and other areas. As the reality that happened in Samarinda, in the afternoon and holidays the traffic to Mahakam’s bridge and otherwise always jammed with vehicle till made a severe traffic jammed in the second pathway of Mahakam’s bridge. According to the problems above, the government of Kalimantan Timur took a wise solution with made an initiative to build a same bridge in the left of Mahakam bridges. With the construction of the twin bridges, the writers interested to know how the responsibility of the government partners in the construction of the twin bridges. This research method that used in this law script is descriptive design where the writer described the reality of the twin bridges construction and customized with data from Dinas Pekerjaan Umum Bidang Bina Marga Kementerian Pekerjaan Umum. . The legal standings that used in construction of the twins bridges in Samarinda is the governor rule of Kalimantan Timur Nomor 38 Tahun 2012, from the governor rule of Kalimantan Timur all the rules that became the legal standings in construction of the twins bridges so have a legally enforceable. Based on the condition of twin’s bridges construction today, the process of building Twins Bridge is foundation construction stage. The foundation of Twins Bridge could be seen by the people when they passed through the twin bridge. After the writer conducted research in Dinas Pekerjaan Umum Bidang Bina Marga Kementerian Pekerjaan Umum the writer concluded that the responsibility of government partner in twins bridge construction based on the contract between the government of Kalimantan Timur with the government partners is the Contractor, PT. PP Perdana KSO, Consultant Planner is PT. Perencana Jaya and the supervising consultants is PT. Pelaksana Desain Karya Cipta. Keywords : (The Twins Bridge
PELAKSAAN PEMBLOKIRAN REKENING BANK OLEH PERBANKAN KAITANNYA DENGAN RAHASIA BANK DALAM PRAKTEK
No full textABSTRACTIn the event that there is demand for assets confiscation of bank customers by the court in a civil case , the bank must satisfy these requests without the need to break the bank secrecy provisions . So in a nutshell are as follows : Officers who conduct forfeiture of the deposit from customer deposits and the goods must surrender warrant ; foreclosures signed by the authorized officer concerned agencies ; confiscation for the benefit of a criminal case must submit a letter in addition to confiscation orders , officials are also concerned should mnyerahkan license from the Chairman of the local District Court , except in cases of very necessary and urgent it without a permit from the Chairman of the local Courts ; confiscation for the benefit of civil cases in addition must submit a warrant of seizure, officials are also concerned must submit a letter of Determination oppression Judge the local court ; When officials confiscate customer deposits with financial data customers want to know who confiscated , the official concerned must first obtain written permission from the Management of Bank Indonesia
PERLINDUNGAN UPAH PEKERJA TETAP DAN PEKERJA HARIAN DITINJAU DARI KEPMENAKERTRANS NOMOR 17 TAHUN 2005 TENTANG KOMPONEN PELAKSANAAN PENCAPAIAN KEBUTUHAN HIDUP LAYAK
No full textABSTRACT In Indonesia, the payment policy of low wages for workers already a comparative advantage offered by the government to investors or investors, investors both local and foreign investors that are interested to invest in Indonesia. it can be seen from the use of standard Physical Requirements Minimum (KFM) of a single worker in the calculation of the minimum wage in 1956 era. Often, however, the minimum wage is far below the KFM count. In 1991 for example, the wages of workers only reached 60% of the value of KFM, even in practice, many employers who pay their workers wages below the official minimum wage standards that have been set, plus the absence of legal provisions that impose sanctions for violations of minimum wage
PENERAPAN ASAS PRADUGA TAK BERSALAH KAITANNYA DENGAN UNDANG-UNDANG NOMOR 40 TAHUN 1999 TENTANG MEDIA PERS
No full textABSTRACT In today's digital age, every day the public is given a wide variety of news information, either by means of electronic media, in print, or online. The types of information that the public absorb are various. Some choose the news content of education, health, lifestyle, celebrities, politics, to law and criminal. Regardless the public's need to absorb latest news information presented by media, there is something overlooked, namely the balance of news. In fact, the balance of news determines the quality and sharpness of the information presented to the public. But the fact is, there are still some media that ignore resource balance in the news production process as set out in the code of ethics of journalists in Indonesia. As a result, the product of information presented is less balanced. In the realm of law, the function of media as a means of social control has been set out in Article 3 paragraph (1) of Law No. 40 of 1999 on Press. In Article 6 (a), this Law defines the role of national press to meet the public's right to know. Elucidation of the article states that the fulfillment of public's right to know will encourage the establishment of truth and justice. Both of the foregoing articles lead to conclusion that the supervision function by the media cannot be separated from its function as a medium of information and its role to meet the public's right to know. Only, it is only by enlightened and conscious community, the power is supervised. On the other hand, the optimal function of the media in enlightening the public thought as well as a means of social control require freedom. Press freedom in certain level and journalists freedom in carrying out their professional using journalism rules will become one of the pillars of the growth of Indonesian democracy