DEDIKASI JURNAL MAHASISWA
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PERANAN LEMBAGA BANTUAN HUKUM JARINGAN ADVOKASI MASYARAKAT BORNEO DALAM MEMBERIKAN BANTUAN HUKUM BAGI MASYARAKAT TIDAK MAMPU
ABSTRAKSkripsi ini membahas tentang Pemberian Bantuan Hukum Terhadap Masyarakat Tidak Mampu Yang Dilakukan Oleh Lembaga Bantuan Hukum Jaringan Advokasi Masyarakat Borneo. Pokok permasalahannya adalah bagaimana peran Lembaga Bantuan Hukum Jaringan Advokasi Masyarakat Borneo dalam pemberian bantuan hukum terhadap masyarakaat yang tidak mampu, bagaimana kendala yang dihadapi Lembaga Bantuan Hukum terhadap masyarakat yang tidak mampu Jenis penelitian yang digunakan penulis adalah kualitatif kemudian dipaparkan secara deskriptif dengan menggunakan pendekatan penelitian yuridis sosiologis artinya suatu penelitian yang dilakukan terhadap keadaan nyata masyarakat atau lingkungan masyarakat dengan maksud dan tujuan menemukan fakta yang kemudian menuju pada identifikasi dan pada akhirnya menuju kepada penyelesaian permasalahan. Hasil penelitian menunjukkan bahwa Peran Lembaga Bantuan Hukum Jaringan Advokasi Masyarakat Borneo dalam pemberian bantuan hukum terhadap masyarakat yang tidak mampu yaitu dengan memberikan bantuan kepada para pencari keadilan bagi masyarakat dalam bentuk Litigasi dan Non Litigasi. Litigasi dalam lingkup pengadilan serta, non litigasi dalam lingkup non pengadilan tanpa biaya atau Prodeo. Kendala yang dihadapi Lembaga Bantuan Hukum Jaringan Advokasi Masyarakat Borneo dalam pemberian bantuan hukum terhadap masyarakat yang tidak mampu yaitu; minimnya pengetahuan tentang eksistensi dan peranan Lembaga Bantuan Hukum Jaringan Advokasi Masyarakat Borneo, anggapan masyarakat bahwa Lembaga Bantuan Hukum Jaringan Advokasi Masyarakat Borneo berbayar, terbatasnya sumber daya manusia di Lembaga Bantuan Hukum Jaringan Advokasi Masyarakat Borneo, kurangnya dukungan pemerintah, Lembaga Bantuan Hukum Jaringan Advokasi Masyarakat Borneo belum terakreditasi sehingga belum mendapatkan bantuan dana dari pemerintah sehingga dana yang digunakan menjadi dana pribadi.Kata kunci : LBH JAMB,masyarakat kurang mampu,Inplementasi
TANGGUNG JAWAB SOSIAL DAN LINGKUNGAN PADA PERUSAHAAN BADAN USAHA MILIK NEGARA PERTAMINA HULU SANGA – SANGA BERDASARKAN UNDANG – UNDANG NOMOR 40 TAHUN 2007 TENTANG PERSEROAN TERBATAS
AbstracCorporate Social Responsibility (CSR) or which in Law Number 40 of 2007 concerning Limited Liability Companies is called Social and Environmental Responsibility (TJSL). Social and Environmental Responsibility is an obligation activity for every company to implement it as ordered by Law Number 40 of 2007 concerning Limited Liability Companies. PT Pertamina Hulu Sanga-Sanga with an office in Muara Badak District. PT Pertamina Hulu Sanga is a subsidiary of PT Pertamina Hulu Indonesia which is united as a State-Owned Enterprise (BUMN), soit should be a benchmark for other companies in terms of moving. This type of research in writing this thesis uses an empirical and normative approach, in which in this case the author goes into the field to see firsthand the objective conditions on the issues raised and consider them based on existing laws. The results of the research show that the implementation of the Social and Environmental Responsibility of PT Pertamina Hulu Sanga-Sanga still inherits the concepts and methods from its predecessor company, Virginia Indonesia Company (VICO). Sanctions against companies that do not carry out their Social and Environmental Responsibility obligations are still very weak, as regulated in Law Number 25 of2007 concerning Investment, there are only administrative sanctions for companies that do not carry out them, and other laws and regulations do not regulate related to sanctions, in this case it can put a rogue company in a safe position even though it does not carry out its Social and Environmental Responsibility obligations. In fact, if we refer to Law Number 40 of 2007 concerning Limited Liability Companies, there is a noble goal of implementing Social and Environmental Responsibility, namely to realize sustainable economic development. Keywirds : Social and Environmental Responsibility, Implementation, Sanction
TINJAUAN YURIDIS TERHADAP HAK PEKERJA LEPAS DI PIZZA HUT S. PARMAN SAMARINDA DALAM PERSPEKTIF HUKUM POSITIF
ABSTRACTPolicies in the field of manpower in the national development program are always endeavored to create as many job opportunities as possible in various fields. The working relationship between workers and employers themselves must be based on an agreement so that the rights and obligations of each party can be guaranteed. At this time many companies use freelance workers to support the company's business. The problem in this study is the implementation of the agreement and protection of the rights of freelancers using a work agreement for a certain time, in which workers' rights are limited, there is no balance between the rights and obligations of freelancers according to Law Number 13 of 2003 concerning Manpower. The research objective is to analyze the rights of freelance workers in Indonesian positive law. This type of research is normative juridical which is library research and uses a statutory and conceptual approach. Through literature study researchers collect documents and data to be processed using content analysis methods. The results of the study concluded that the impact of intense business competition stemming from global economic developments made companies change their business management structure by reducing management control, one of which was by implementing the practice of using freelance workers for companies to reduce production costs. With the management of the use of freelance workers that has been going on, it does not guarantee the labor rights they should get, especially in terms of remuneration carried out by certain companies. Legal protection for casual workers in Indonesia is regulated in Law Number 13 of 2003 concerning Manpower. One of the reasons for the birth of Law Number 13 of 2003 concerning Manpower is that several laws and regulations that have been in effect so far place workers in a disadvantageous position in the workforce placement service and industrial relations system which highlight differences in position and interests so that they are seen as having no longer in accordance with the needs of the present and the demands of the future. As well as obtaining the right to obtain equal opportunities and treatment without discrimination. Keywords: Freelance Workforc, Law Enforcement, Legal Protection, Positive Law
PENERAPAN SANKSI PIDANA TERHADAP PENAMBANG BATU BARA ILEGAL MENURUT PERATURAN DAERAH NOMOR 12 TAHUN 2013 TENTANG PERTAMBANGAN MINERAL DAN BATU BARA DI WILAYAH KOTA SAMARINDA
ABSTRACT Illegal mining is a mining business carried out by individuals, groups of people, or foundation companies with legal entities which in their operations do not have permits and government agencies in accordance with applicable laws and regulations. One area that has the potential for rock mining is Samarinda City, with the abundance of rock mining potential in Samarinda City attracting investors to invest in Samarinda City. However, there are also parties who carry out rock mining without fulfilling the procedures set by the government with various factors, such mining is called illegal mining. This writing uses the legal basis of Regional Regulation No. 12 of 2013 concerning minerals and coal and this research uses a normative method. Data sources consist of secondary data consisting of books, journals, laws and regulations related to research problems, data collection techniques are carried out by conducting document studies which are information data, scientific writings. This study uses the problem formulation: How is the application of illegal mining sanctions to the Samarinda City Regional Regulation Number 12 of 2013 concerning mineral and coal mining within the Samarinda City area and what are the government's efforts in dealing with illegal mineral and coal mining within the Samarinda City area which resulted in this research. may be imposed on the perpetrators of illegal coal mining in accordance with Article 90 of Regional Regulation Number 12 of 2013 concerning Coal Mineral Mining in the City of Samarinda, namely those who violate the provisions of the mineral and coal mining management permit as regulated in this regional regulation shall be punished with imprisonment for a maximum of 10 (ten) year and a fine of Rp. 10,000,000,000, - (ten billion rupiah). The Regional Government of Samarinda City through law enforcement officials and related agencies needs to be more serious and firm in terms of law enforcement against all legal coal mining activities in Samarinda City, If illegal coal mining activities continue to be carried out without proper supervision and management, it will cause severe pollution and environmental damage, of course this will result in losses to the people of Samarinda City. Keywords: Illegal Mining, Crimina
AKIBAT HUKUM TERHADAP DEVELOPER PERUMAHAN YANG TIDAK SEDIAKAN SARANA, PRASANA, UTILITAS BERDASARKAN PERATURAN PEMERINTAH NOMOR 12 TAHUN 2021 TENTANG PENYELENGGARAAN PERUMAHAN DAN KAWASAN PERMUKIMAN
ABSTRACTHousing development in Indonesia is mostly done by developers. The increasing number of developers in the housing sector certainly makes it easier for people to make their choices in choosing a house according to their respective financial capabilities. When the housing is still under construction, housing marketing can be done through a pre-sales purchase agreement (PPJB) system that must include certainty on several things, one of which is the availability of infrastructure, facilities, and public utilities. However, in practice, it will be a problem if there is a discrepancy between what is listed in the brochure or advertisement in the form of product information, with what is contained in the sale and purchase agreement signed by the consumer, especially if there is no availability of infrastructure, facilities, and public utilities. In other words, the developer is in default.The problems raised in this paper are legal consequences for developers who do not provide public infrastructure, facilities, and utilities based on Government Regulation Number 12 of 2021 concerning the Implementation of Housing and Settlement Areas and legal remedies that consumers can take, if the developer defaults.The type of research in this research is normative legal research. The approach method of this research is the approach to legislation (Statue approach). The technique of collecting legal materials used by the authors of the literature study.The results of the study show that the legal consequences for developers who do not provide infrastructure, facilities, and public utilities, developers can be subject to administrative sanctions as stipulated in Article 50 number 15 of Law Number 11 of 2020 concerning Job Creation and the developer concerned can also be charged. criminal offense if it results in victim/damage to health, safety, and/or the environment. Based on Article 50 point 16 of Law Number 11 of 2020 concerning Job Creation.Efforts that can be made by consumers if the developer is negligent of the contents of the PPJB. Consumers in the first step can ask the developer regarding existing problems, after that they can call or reprimand the developer. If there is no response from the developer, they can file a lawsuit to the local district court. Keywords: Legal Consequences, Developer, Infrastructure and Public Utilitie
PENERAPAN SANKSI PIDANA TERHADAP MUCIKARI PROSTITUSI MENURUT KITAB UNDANG-UNDANG HUKUM PIDANA
ABSTRACTIndonesian society is known as an ethical and moral religious society, but it cannot be denied that the problem is that there are still many crimes of pimps still rife. Pimping is an act of facilitating a person's obscene or adultery in exchange for money and making this act a livelihood. The act of pimping that deviates from the provisions of the law and has violated the norm is a criminal act.The type of research used in this paper is normative legal research with a law approach and several primary, secondary and tertiary legal sources.The act of pimping that facilitates obscene acts by other people with other people and profiting from obscene acts has been regulated in the Criminal Code, that the act of taking advantage of the obscene acts of a woman and making it a livelihood is a criminal act of pimping and whoever commits the crime of pimping will be subject to Article 296 and Article 506 of the Criminal Code in the form of a criminal sanction of imprisonment for a maximum of one year. The provisions for the crime of pimping are also regulated outside the Criminal Code, this aims to anticipate all types of actions in the process, method or all forms of exploitation that will occur.The factors that caused pimps to offer prostitutes services at guesthouses after the closure of lokalisasis were due to economic needs, because they were used to getting lots of money quickly and easily from taking advantage of offering the services of commercial sex workers, pimps carried out their actions in guesthouses in Pasuruan secretly. hide to earn money from peddling commercial sex workers.Keywords: application, criminal sanctions, pimping
PERLINDUNGAN HUKUM BAGI PEMBELI PADA PT. NEW VILLA GREEN PADAT KARYA INDAH JALAN PADAT KARYA LOA BAKUNG KOTA SAMARINDA (PERUMAHAN UNIT TERBATAS)
ABSTRACTHousing as one of the basic needs in humans, both as a unit with fellow natural environment. This natural relationship is the place to be and at the same time the means that support and provide the materials needed for property ownership as regulated in the 1945 Constitution in chapter X, which is included in Human Rights which has regulated those relating to property ownership as contained in Article 27 Paragraph 1 which reads: "every citizen has the right to move, move and reside in the territory of the Republic of Indonesia". Article which reads: "everyone has the right to live and live a decent life". Human social beings are always in contact with other humans, the interactions that only occur in communication do not have human and socio-cultural dimensions, but also involve legal aspects, including Civil Law. In this research, the type of research used is normative legal research or library law research because it is in the form of secondary data such as legislation and literature books, in this study the method of accessing and research is mostly taken from library materials, namely materials that contain scientific knowledge. new or up-to-date, or new understandings of known facts or ideas, in this case including books, journals, dissertations or theses and other legal materials. This normative legal research material fully uses primary legal materials and secondary legal materials.Development usually has several considerations in determining the price to sell the house, such as the location of the house which is strategically located, having architects and workers who are experts in house construction, being able to complete the construction of the house exactly as agreed.Article 18 paragraph (1) of the consumer protection law states that business actors are prohibited from including standard clauses in agreements regarding giving rights to business actors to reduce the benefits of services or reduce the assets and assets of consumers who are the object of buyig and selling services
KEWAJIBAN ORANG TUA DALAM MELAPORKAN ANAKNYA SEBAGAI PECANDU NARKOTIKA DITINJAU BERDASARKAN UNDANG-UNDANG NOMOR 35 TAHUN 2009 TENTANG NARKOTIKA
ABSTRACTThe number of children who become victims of narcotics higher each year required an effective way in order to reduce the number of children who become drug addicts getting down. The authors need to raise the issue of children who become addicted to narcotics, to be a deterrent effect for the cause of children becoming drug addicts, and to be also held the responsibility. The purpose of this thesis, namely: First, the need for criminal responsibility by parents to their eraser against liability legislation of conflicting namely Law On Narcotics with the Child Protection Act. This type of research can be classified into types of normative legal research that discusses the general principles of law, systematic law, and comparative law. From the research there are problems, there are two main things that data concluded. First, So if I researched, the person most responsible for actually increasing the number of children who become a drug addict is a parent. In accordance with Act No. 35 of 2014, the parent is obliged to protect the mental and physical development of the child. And if the author is raised through the theory of criminal liability, the parent is the person most responsible. Thus, according to the author of the number of children who become drug addicts rehabilitated and imprisoned should be accompanied by a parent who participates become criminal offenders because they have neglected to keep her child. In accordance with Article 55 Paragraph (1) of Law No. 35 of 2009, parents have been deemed to know even though he did not know if his son became a drug addict, and if it does not do notable be subject to criminal sanctions in accordance with Article 128 of Law No. 35 of 2009. Second, the author also analyzes the juridical what if the parents have their own initiative to undertake rehabilitation treatment in private by not required to report to the authorities in accordance with Law No. 35 of 2009. On one side of the parents run the obligation to carry out rehabilitation treatment to children with do not nofitable due to negative stigma society and can be a delay in the child’s education according to the Law on the Protection of children
PENGEMBALIAN KERUGIAN KEUANGAN NEGARA DALAM TAHAP PENYIDIKAN TINDAK PIDANA KORUPSI
ABSTRACT Recovery of state financial losses by efforts to recover state financial losses in corruption crimes in reality still faces obstacles both at the procedural level and at the technical level. At the procedural level, certain legal instruments are needed that are appropriate in accordance with the modus operandi of the crime and the object of the legal problem. In the case of a criminal act of corruption, the results of a criminal act in the form of state finances are in fact not only accepted or enjoyed by the defendant, but also received or enjoyed by a third party who is not a defendant. The formulation of the problem raised is How is the legal arrangement for returning state financial losses in the investigation stage of corruption and how is the Procedure for Returning State Financial Losses in the Implementation Stage of Corruption Crimes.The type of research used is normative juridical research library research with the problem approach used in writing this thesis is the statute approach and field research to obtain data. from corruption. These efforts are regulated in Law Number 31 of 1999 as amended by LAW Number 20 of 2001 concerning Eradication of Criminal Acts of Corruption, Law Number 7 of 2006 concerning Ratification of the United Nations Convention Against Corruption (Anti-Corruption Convention), Law Number 15 of 2002 as amended by LAW Number 25 of 2003 concerning the Crime of Money Laundering (Law on Money Laundering), Law Number 1 of 2006 concerning Mutual Assistance in Criminal Matters and the process of returning state finances in the implementation the case decisions are Asset Search, Confiscation of Assets/Wealth, Prosecution of Compensation Payments and Execution/Implementing Court Decisions Regarding Refund of State Financial Losses Keywords: Corruption, Return of State Finances, Investigatio
PERLINDUNGAN HUKUM BAGI PENGGUNA JASA EYELASH EXTENSION DAN SULAM ALIS PADA SALON KECANTIKAN DI KOTA SAMARINDA BERDASARKAN UNDANG UNDANG NO 8 TAHUN 1999 TENTANG PERLINDUNGAN KONSUMEN
ABSTRACTLegal protection for users of Eyelash Extension and Eyebrow Embroidery services at beauty salon services in the city of Samarinda based on Law No. 8 of 1999 concerning Consumer Protection, there are formulations of research problems, namely 1) How is the practice of eyelash extension and eyebrow embroidery services at beauty salons in Samarinda city; 2) What is the form of legal protection for users of eyelash extension and eyebrow embroidery services at a beauty salon in Samarinda city.The research method used by researchers is a type of normative research. The data collection technique used in this study was literature study and was supported by interviews in the form of several oral questions. Meanwhile, data analysis using primary, secondary, and non-legal materials has been processed deductively.As for the results of the study, it can be concluded that 1) In the practice of the eyelash extension installation service, the process of connecting artificial eyelashes to the original eyelashes, the process of connecting this eyelash also lasts for 30 minutes to 1 hour and the eyebrow embroidery service, the eyebrow embroidery technician will clean the hair- fine hair on the eyebrows to map the shape of the eyebrows that match the service user's face. this eyebrow embroidery procedure ranges from 1-2 hours; 2) Review of Law Number 8 of 1999 concerning Consumer Protection, namely in Article 4 of Law Number 8 of 1999 it has been mentioned regarding consumer rights, and in article 7 of Law Number 8 of 1999 concerning Consumer Protection it is also stated that every business actors have the obligation to provide compensation, compensation and / or compensation for losses resulting from the use of goods and / or services. This is also regulated in the provisions of Article 26 of Law No. 8 of 1999 concerning Consumer Protection, which states that if consumers suffer losses in the form of damage, pollution, or financial and health losses due to consuming traded products, the producers as business actors are obliged to provide compensation. , whether in the form of refunds, replacement of goods, maintenance, or by providing compensation.Keywords : Consumer Protection, Service Practices, Eyelash Extension and Embroidery Eyebrows, Compensatio