DEDIKASI JURNAL MAHASISWA
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TINJAUAN YURIDIS TANGGUNG JAWAB PERUSAHAAN PELAYARAN SEBAGAI PENGANGKUT ANGKUTAN LAUT BATUBARA MENURUT UNDANG UNDANG REPUBLIK INDONESIA NOMOR 17 TAHUN 2008 TENTANG PELAYARAN DI PELABUHAN SAMARINDA
Full text linkAbstractThe maritime sector is a very strategic field for Indonesia which is the largest archipelagic country in the world. As a developing country, Indonesia often makes buying and selling transactions, both in terms of goods entering or shipping goods. Transportation of goods by sea is one way to carry out sale and purchase transactions for large quantities of goods. Transportation of the goods is carried out both for domestic and overseas shipping. The transportation of goods by sea is included in the voyage regulated in Act Number 17 of 2008 concerning Shipping. In transporting goods by sea it is necessary to make an agreement between the sender and the carrier. A transportation agreement is a reciprocal agreement between the carrier and the sender, in which the carrier ties himself to carry out the transportation of goods and/or people from a certain place to a certain destination safely, while the sender commits himself to pay the transportation fee. The transportation agreement involves the sender or owner of the goods. This transportation agreement creates different rights, obligations, and responsibilities for each party. These rights, obligations, and responsibilities must be fulfilled as much as possible by each party. When negligence or default occurs that results in a loss, the injured party has the right to claim compensation. There are several ways to resolve compensation disputes in the transportation of goods by sea. The Indonesian government is expected to draft national legislation relating to Indonesian sea transportation. Because so far Indonesia has still used regulations adopted from the Netherlands which have also been long established.Keywords: Shipping, Sea Transportation. Coal
PEMBELAAN DIRI DALAM PERKARA PIDANA DITINJAU BERDASARKAN PASAL 49 KUHP
Full text linkAbstractEvery person who commits a criminal offense and is threatened with a criminal offense by law because of a forced defense (noodwere) caused by an attack or a threat of a very close attack at that time that is against the law is not in the criminal offense. And every person who makes a forced defense that exceeds the limit (noodwere exces) which is directly caused by the shock of the soul because of an attack or threat of the attack, is not convicted. Regarding the defense carried out by someone in a situation which is very compelling so that it can become a reason for criminal offense as described above, it is regulated in Article 49 of the Criminal Code. As in Article 49 Paragraph (1) concerning forced defense, to find out whether an act is a defense or vice versa, it is not explained how to make a permissible defense. Likewise Article 49 Paragraph (2) concerning forced defenses that exceed the limits does not explain the exceeding allowed limits. The problem raised in this paper is how to apply the rules of self-defense in criminal cases in Article 49 paragraph (1) and paragraph (2) of the Criminal Code. This type of research used is normative legal research, namely library research with the problem approach used in writing this thesis is the statute approach. The results showed that the application of self-defense rules was appropriate, because it was in accordance with the elements of the conditions in making a forced defense or forced defense that exceeds the limi
AKIBAT HUKUM PELAKSANAAN JUAL BELI DIBAWAH TANGAN ATAS TANAH YANG BELUM BERSERTIFIKAT DI DESA DASAQ KECAMATAN MUARA PAHU KABUPATEN KUTAI BARAT
Full text linkABSTRACTOne of the principles of a rule of law, namely the existence of a guarantee of legal certainty, especially in the field of land, to implement this principle the Basic Agrarian Law (UUPA) Number 5 of 1960 which regulates land ownership and use rights in Indonesia, is based on the provisions that applies if there is a transfer of rights over land such as sale and purchase, to obtain legal certainty the land must be registered, this is as regulated in the Basic Agrarian Law article 19 and article 23 paragraph (1) in conjunction with Article 37 paragraph (1) government regulation number 24 1997. land certificate as proof of ownership. However, in reality there are still uncertified land buying and selling practices. Usually this practice is carried out on the basis of mutual trust through a receipt or only using evidence as limited as a letter made in the village, which is called an underhand sale and purchase. The practice of buying and selling under the hands is often carried out, especially by people in Dasaq Village. The research method used in this research is legal research methods. The type of research used is empirical legal research. The problem approach used is the statue approach and the conceptual approach. This research was conducted in Dasaq Village, Muara Pahu District, West Kutai Regency. From the results of the research, it was found that in this village, there were still a lot of underground selling and buying practices because the land owned by the community in the village generally did not have a certificate or had not been registered. Underhand land sale and purchase transactions, among others, are based on mutual trust, through a receipt and through the Village Head based on a sale and purchase letter. The legal consequence of the underhand sale and purchase of uncertified land in Dasaq Village is that there is no legal certainty of the transfer of rights to the land as regulated in the Basic Agrarian Law because it has not been registered to obtain a certificate as proof of ownership of land rights.keywords: buying and selling under the hands, legal consequences, land registration, legal certainty
KEDUDUKAN PSIKOLOGI FORENSIK DALAM PENANGANAN PELAKU TINDAK PIDANA PEMBUNUHAN DENGAN KEKERASAN TERHADAP ANAK
Full text linkABSTRACT The position of Forensic Physology in the presentation is very close to obtaining a decision or determination in the investigation of a criminal offense carried out by the perpetrator, it is very important to know the psyche of the perpetrator and how to handle it in the investigation. From this background can be raised several problems, namely: How is the position of psychological Forensi to find out the cause of the perpetrators of murder with violence against children and How to deal with the perpetrators of murder with violence against children if the perpetrators can win the responsibility and cannot answer their actions. The discussion of these problems requires an approach method, specification of research types and sources of data, data collection methods and data analysis methods, from which the conclusions can be obtained as follows: very active role in forensic psychology in investigating perpetrators with investigators so that investigators can decide or report on the psychiatric results of the perpetrator to strengthen in the trial whether the suspect can bear the responsibility or not and the mechanism of investigation, sending SPDP, forced efforts, examinations, title cases, settlement of case files to the public prosecutor, surrender of suspects and evidence, and termination of investigation who plays with cannot bear the responsibility, namely the examination of a psychologist or psychiatrist, Sp3 dismissal before a court decision Keywords: Forensic Physics, Handling in Investigation, Psychology of Actor
PEMBELAAN TERPAKSA (NOODWER EXCES) TERHADAP PELAKU TINDAK PIDANA ANAK YANG MENGAKIBATKAN MATINYA ORANG LAIN
No full textABSTRACT Self-defense is one of the rights and obligations are given by law to every person to maintain the safety of his life, both the safety of his life, property, and honor. that basically self-defense is a right which is instinctual for every person to defend himself or others, his property and honor from the evil deeds of other parties, which want to damage or harm illegally.An act that qualifies as a criminal offense for children is an act in the form of a crime or a violation as regulated in the criminal law legislation.For the application of the provisions of Article 49 of the Criminal Code, the following elements must be met: There is an attack that is instantaneous or threatens directly; The attack was against the law; The attack is against oneself or others, the honor of decency or the property of one's own or others.Law enforcement officers, especially the judges, apply the rules of article 49 of the Criminal Code. because these rules are legal protection against harm and other crimes against someone. Keywords: Forced Defense, Child Crim
TINJAUAN YURIDIS TERHADAP PELAKSANAAN PRAKTIK MANDIRI BIDAN DI KOTA SAMARINDA (BERDASARKAN PERMENKES NO. 28 TAHUN 2017 TENTANG IZIN DAN PENYELENGGARAAN PRAKTIK BIDAN)
Full text linkABSTRACTThis study aims to know and understand how the implementation of Midwife Independent Practice in Samarinda city based on the Regulation of the Minister of Health (PerMenKes) Number 28 the Year 2017 About the License and Implementation of Midwife Practice. This study also aims to determine how the implementation of midwife health services to patients in accordance with applicable provisions. This study was conducted in Samarinda. The object of research is the City Health Office of Samarinda and three (3) Independent Practice Midwives who operate in the city of Samarinda. This research uses sociological empirical research method that is data collection of Independent Practices Midwives all of Samarinda city in Samarinda City Health Office and data collection, interview and direct observation in three (3) Independent Practice Midwives operating in Samarinda city. The results of this study indicate that in the permit and implementation of self-employment midwives in the city of Samarinda running well in accordance through the mechanism and procedure of Regulation of the Minister of Health (PerMenKes) no. 28 the Year 2017. But from the rules that have been determined there are still some violations that occurred in the field found by the author through research conducted is the requirement of self-employment midwife is not met and the services performed do not match the authority possessed by a midwife.
TINJAUAN YURIDIS TINDAK PIDANA TERORISME DI INDONESIA
Full text linkABSTRACT One of the things that disturb national stability is the crime of terrorism. In recent years, criminal acts of terrorism in Indonesia have mushroomed and have disturbed the peace of the nation. The series of bombings that occurred in the territory of the Unitary State of the Republic of Indonesia has caused widespread fear in the community, resulting in loss of life and loss of property, thus causing an unfavorable influence on Indonesia's social, economic, political, and international relations. Bombing is one mode of perpetrators of terrorism that has become a common phenomenon in several countries. Terrorism is a transnational, organized crime and even an international crime that has a wide network, which threatens national and international peace and security.Problem approach is the process of solving or solving problems through the stages that have been determined, so as to achieve research objectives. In this type of approach, researchers make direct observations of the process of enactment of normative law in certain legal events so that this study examines the legal provisionsThe elements in the criminal act of financing terrorism, namely every person, who commits an evil conspiracy, attempted or assisted to commit the crime of financing terrorism, intentionally providing, collecting, giving, or lending funds either directly or indirectly, with the intention of being used in whole or in part to commit acts of terrorism, terrorist organizations, or terrorists.From the point of view of law enforcement officers, it turns out that the AT Special Police Detachment 88 personnel in charge of investigating and investigating terrorist crimes committed by radical groups because members of the Special Detachment 88 AT Polri who are already trained and experienced in their duties, so that the disclosure of the case does not encounter obstacles or significant obstacles, and from the results of an investigation conducted immediately the suspect can be arrested to carry out his investigation. Keywords: Criminal Acts, Terrorism, Law Enforcemen
TINJAUAN YURIDIS TERHADAP PERINTAH MEMBUBARKAN DIRI OLEH PEMERINTAH KEPADA KERUMUNAN MASSA UNTUK MENGHINDARI CORONA VIRUS DEASES 2019 (COVID-19) BERDASARKAN PASAL 218 KITAB UNDANG-UNDANG HUKUM PIDANA
Full text linkABSTRACTGenerally, this event is called an Extraordinary Event (KLB) and can cause an outbreak that attacks the wider community in a short time caused by infectious diseases. On the other hand, the impact of the development of science and technology today has led to new discoveries of infectious diseases that are increasing and difficult to treat, for example, Corona Virus Diseases 2019 or COVID-19 as it is today. The head of the Indonesian National Police (Kapolri) General Idham Azis said his party had dispersed thousands of crowds on the grounds of preventing the spread of the corona virus (Covid-19). The dissolution was carried out since the publication of the Indonesian Police Chief's Declaration on March 19, 2020. The mass dissolution was also accompanied by an education program for the public. The National Police used several rules as a basis for dissolution. First is Article 14 paragraph (1) and paragraph (2) of Law Number 4 of 1984 concerning Infectious Disease, Article 93 of Law Number 6 of 2018 concerning Health Quarantine, and Articles 212, 214, 216, and 217 of the Criminal Code.Based on the background described above, the authors formulated the problem as follows: 1). What is the legal aspect of the order to disperse by the government to the crowd to avoid the 2019 Corona Diseases Virus Outbreak Under Article 218 of the Criminal Code? 2). What is the role of the Indonesian National Police in the order to disperse by the authorities to the masses to avoid the 2019 Corona Diseases Virus Outbreak Under Article 218 of the Criminal Code?So it can be concluded: 1). To anticipate and deal with the impact of COVID-19 transmission, the Regional Head established the Regional COVID-19 Task Force for Acceleration Handling based on the considerations and recommendations of the Chairperson of the Implementing Task Force for the Handling of the COVID-19 Handling in accordance with the Presidential Decree regarding the Task Force for the Acceleration of COVID-19 Handling. 2). The role of the Community Police in handling the Covid-19 outbreak with the implementation of Large-Scale Social2Restrictions (PSBB) focuses on law enforcement with non-penal means spearheaded by Bhabinkamtibmas in collaboration with community leaders. Progressive steps taken by the Indonesian National Police include the assignment of Bhabinkamtibmas in each village / kelurahan. The form of optimizing non-legal channels in the sense of finding a meeting point in deliberation and consensus efforts that includes all criteria in consensus in the peace process outside the judiciary by means of mediation or deliberation in achieving a fairness expected by the parties involved in handling the Covid-19 outbreak to find the best solution that is agreed and agreed by the parties.Keywords: Covid-19 Handling, Dispersal, Mass Crowd
KEKUATAN E-MAIL SEBAGAI ALAT BUKTI DALAM PROSES PERSIDANGAN PERKARA PERDATA DI INDONESIA
Full text linkABSTRACTThe study is titled “THE POWER OF E-MAIL AS A TOOL OF EVIDENCE IN CIVIL JURISDICTION PROCESS IN INDONESIA” The problem will be discussed in scholarly works is how the power of email as evidence in civil case trials in Indonesia. The methods used in the writing of scientific papers this is normative legal research methods. The strength of e-mail as a process of evidence in court if it is related to article 1866 of the Civil Code regarding valid evidence, then the strength of e-mail when printed is considered the same as the original letter and has the same strength as an authentic deed. The main requirement so that a document electronic or electronic mail (e-mail) can be declared evidence is validating it must include an electronic signature in the electronic document or electronic mail (e-mail) (articles 5-12 of the ITE Law), and In using the electronic system, the electronic certification has been obtained from the government or related parties (articles 13-16 of the ITE Law). The Thusposition of an electronic document is actually a evidence valid and together with written evidence. The power of proof of written documents in civil case proof very much depends on the form and purpose of the document being made, electronic documents can be referred to as authentic deeds if they have received certification from the government or related parties and meet other requirements as a valid electronic contract. However, if the electronic system and electronic documents used have not received certification, then every document that has been made will still be considered invalid by law.Keywords: E-mail, Evidence, Trial
KEWENANGAN POLISI LALU LINTAS KOTA SAMARINDA MELAKUKAN RAZIA DI JALAN BEDASRKAN PERATURAN PEMERINTAH NOMOR 80 TAHUN 2012
Full text linkABSTRACTThe number of people who still cannot understand the role, the obligation of traffic police to do rajia, I chose the title "The Traffic Authority of Samarinda City Traffic Raiding on the Road Based on Government Regulation Number 80 of 2012" so that the public understands the authority of traffic police. Legal research conducted in this study Using the Normative Juridical approach is believed to be a decision analysis so that the expected results are obtained. Law enforcement officers (traffic police) act as deterrents and as actresses in political functions. In addition, the traffic police also carry out the regeling function (for example, regulation of the obligations for certain motorized vehicles to supplement with safety triangles) and functions specifically in the case of permits or beginstiging (for example, issuing a driver's license). Government Regulation No. 80 of 2012 concerning the inspection of motorized vehicles and the enforcement of traffic violations and road transport is the basis of the authority of traffic police to carry out raids on road vehicles and the role of the police as law enforcers. The role of the police in the context of law enforcement must be based on applicable rules and the code of ethics of the police themselves.Keywords: Traffic Police, Examination, Enforcement, Violation