FAKTOR PENYEBAB TERJADINYA PERCERAIAN PADA MASA PANDEMI COVID-19 DI PENGADILAN AGAMA SAMARINDA

ABSTRACTThis thesis aims to explain the factors that cause divorce cases which have increased due to the Large-Scale Social Restriction (PSBB) policy, as a result of the COVID-19 pandemic that is currently engulfing Indonesia. The government's policy regarding Large- Scale Social Restrictions (PSBB) during the COVID-19 pandemic which aims to maintain family health has turned out to be the cause of an increase in divorce cases. This occurs as a result of the economic impact of this Large-Scale Social Restriction (PSBB) policy. Not a few business actors, both micro and macro, suffered huge losses. As a result, breadwinners have lost their jobs and have no income during the COVID-19 pandemic, and have difficulty getting side jobs or new jobs.This research uses normative- empirical research (applied law research) by using interview study data collection techniques and library research by conducting an assessment of the laws and regulations, books, and scientific journals related to the title of this thesis.The results showed that the reason for the increase in divorce that occurred at the Samarinda City Religious Court was motivated by economic factors, continuous disputes, domestic violence, infidelity, and husbands not working, leaving, not caring and irresponsible. Keywords: Divorce Factor, Large-Scale Social Restriction (PSBB), Covid-1

PEMISAHAN BERKAS PERKARA (SPLITSING) OLEH PENUNTUT UMUM DALAM PROSES PEMBUKTIAN SUATU TINDAK PIDANA PADA DELIK PENYERTAAN

ABSTRACTCriminal justice system is a term that indicates a working mechanism in crime prevention by using a basic system approach. All forms of participation or involvement of people both physically and psychologically in each act so that it gives birth to a criminal act is called participation (Deelneming). The separation of case files (splitsing) by the Public Prosecutor is one of the actions in law enforcement. Splitsing is carried out so that the elements of the offense from each defendant are fulfilled and in an effort to avoid a shortage of witness evidence.The purpose of writing is to find out the basis for the consideration of the Public Prosecutor in separating case files (splitsing) in a criminal case and knowing how to prove from a case file using the splitting method of case files (splitsing) in the inclusion offense. The type of research method used is empirical juridical using a sociological approach. Data collection techniques using interview techniques and data obtained from the research location using qualitative descriptive analysis techniques to answer the problems.The results of the research and discussion concluded that the Public Prosecutor in splitting the case files (splitsing) in a criminal case is to prove the guilt of the defendant in the trial, in criminal cases there is a shortage of witnesses, the status between the defendants is different, there are defendants who are still underage, cases that are offenses participation (deelneming), and in cases where some of the perpetrators have not been caught. Meanwhile, the method of proof from a case file using the splitting method for the inclusion offense is in the testimony of witnesses in which the defendant is used as a witness for other defendants, due to the lack of witness evidence in the case of participation crimes (deelneming). The trial process used remains the same as for ordinary criminal cases in general

PERLINDUNGAN HUKUM BAGI TENAGA KERJA PENYANDANG DISABILITAS UNTUK MENDAPAT KESEMPATAN KERJA BERDASARKAN UNDANG UNDANG NOMOR 08 TAHUN 2016 TENTANG PENYANDANG DISABILITAS

AbstractThis study discusses the workforce is part of the subject of employment which is considered capable of doing a job in order to produce goods or services both to meet the needs of themselves and the community. Protection for Workers, especially Workers with disabilities where the government guarantees the safety and existence of workers with disabilities is recognized by the community in general. Explicitly in international legal provisions that position persons with disabilities as part of citizens whose rights must be fulfilled in the perspective of Human Rights, contained in Law Number 8 of 2016 concerning Persons with Disabilities, the regulation refers to previous regulations issued by the government, namely Law Number 19 of 2011 concerning Ratification of the Convention on the Rights of Persons with Disabilities, and Law Number 4 of 1997 concerning People with disabilities. Through research, this thesis seeks to answer existing problems using normative juridical methods, so from the research that has been carried out a conclusion can be drawn, that the government legislation has provided legal protection for workers with disabilities in obtaining job opportunities according to the Act. The 1945 Constitution of the Republic of Indonesia and the laws and regulations that are enacted with reference to the theory of human rights. The form of fulfillment of workers with disabilities in obtaining employment opportunities is through affirmative policies that must be implemented by inserting them into regulations that have been issued by the government. Reforms that must be implemented in affirmative action policies in the field of accessibility in obtaining employment opportunities for workers with disabilities are the responsibility of the state towards workers with disabilities in fulfilling their rights

KESADARAN HUKUM DALAM MENAFKAHI ANAK PASCA PERCERAIAN PADA PUTUSAN PENGADILAN AGAMA SAMARINDA

ABSTRACTLegal awareness is the awareness or values found in human beings about existing laws or expected laws that exist. legal awareness in fulfilling parental obligations in providing for a child after a divorce must be responsible for the costs of caring for and educating childrenThis research intends to know the legal awareness of parents in being responsible for all the costs of caring for and education for children after divorce and in general aims to find out the legal awareness and obligations of parents in fulfilling the rights of children after divorce in Samarinda's religious court ruling.The results of research in the Samarinda Religious Court, which occurred regarding children's living rights after divorce, all children from legal marriages come with their mothers and were the fulfillment of children's living rights is only fulfilling while there are not even full ones. In this case, many of which play a role after divorce is a mother who works to meet the needs of her children Apart that it should be the father who bears the living rights of the child that has been set by the Judge of the Samarinda Religious Court. Whereas in deciding the case, the judge's consideration is to see from a father's economic ability related to work and salary. Therefore, in deciding on cases involving the cost of living for children, the Samarinda Religious Court judges in considering and deciding based on the income of a father. Even though the Samarinda Religious Court's decision sentenced an ex-husband to fulfill his children's living rights after divorce, an ex-husband did not implement the decision. This is caused by several factors. Factors causing it are, First: economic factors, where an ex-husband on average does not have a steady income, even some who do not have a permanent job. Second: the mother factor is able to provide for her child, this is because a mother already has her own income. Third: communication factors, after divorce, many ex-husbands and ex-wives are no longer in communication. So it is very influential in terms of financing the livelihood of children.Keywords: Legal Awareness, Children's Livelihoo

KEDUDUKAN ANAK ANGKAT DALAM HAK WARIS MENURUT KITAB UNDANG–UNDANG HUKUM PERDATA

AbstractAdoption of a child is an act in a legal event that gives birth to a new relationship, namely between the adoptive parents and the adopted child. Adoption of children in Indonesia is a common thing for Indonesian people, not a few of those who are not blessed with children adopt children. The purpose of writing is to find out the procedure for adopting children according to the Civil Code Law and to find out the position of the adopted child in obtaining inheritance rights according to the Civil Law Code. The type of research method used is a normative research method with a statute approach. Data collection techniques were carried out by literature study and data processing was carried out by collecting complete literature. The results of the research and discussion concluded that the adoption procedure can be carried out bymeans of prospective adoptive parents registering their application and then waiting for an email to conduct a trial by presenting the applicant's witnesses to strengthen the information in the adoption process, if accepted, the panel of judges will decide and make a court ruling. . While the position of an adopted child in inheritance rights according to civil law is the same as a biological child/legitimate child, for that he has the right to inherit the inheritance of his adoptive parents according to law or inherit based on testamentary inheritance law if he gets a testament (will grant)

PELAKSANAAN PERJANJIAN KERJASAMA PENGANGKUTAN BAHAN BAKAR MINYAK BIO SOLAR ANTARA PT PLN (PERSERO) UNIT PELAKSANA PELAYANAN PELANGGAN DENGAN PT RATAH INDAH DI SAMARINDA

ABSTRACT Transportation as an agreement is always preceded by an agreement between the carrier and the shipper. In the transport agreement, the carrier can be said to have acknowledged receiving the goods and undertakes to bring them to the designated place and deliver them to the addressed person. Some of the problems that arise in this study are how the implementation of the Bio Solar Oil Fuel (BBM) transportation agreement and what problems arise in the implementation of the Bio Solar Oil Fuel transportation agreement between PT PLN (Persero) Unit Pelayanan Pelaksana Pelanggan with PT Ratah Indah of Samarinda.The approach method used is a sociological juridical approach. This juridical-empirical research approach uses secondary data as the initial data, which is then followed by primary data. Primary data were obtained by field research, such as direct observation of the implementation of the cooperation agreement for the transportation of Bio Solar fuel. While secondary data is obtained through primary legal materials, secondary legal materials, and tertiary legal materials. The data collection tools used in this research are document studies and interviews, which are then analyzed qualitatively.Based on the results of the study, it is known that the implementation of the transportation cooperation agreement between PT PLN (Persero) Unit Pelayanan Pelaksana Pelanggan with PT Ratah Indah of Samarinda has been carried out in accordance with the agreement that has been agreed by both parties, which contains the rights and obligations between the two parties as well as technical procedures for the implementation of the work starting from the stage of transportation, acceptance, testing, and measurement. The problem of delays in the delivery of Bio Solar fuel in principle is determined by the weather conditions at that time, based on real conditions in the field, the incident is included in the result of force majeure, this is evidenced by PT Ratah Indah with a written letter from the Samarinda Department of Transportation, so that all delays or failures will not result in a claim for compensation for losses suffered by other parties and is related to the difference in volume between the amount of Bio Solar fuel listed in the Bill of Loading (B/L) or Loading Order Liters 15°C with a physical received by PT PLN, then the shortage is the responsibility of the Carrier and must replace the difference/shortage of Bio Solar BBM within 7 x 24 hours. Keywords: Agreements, Transportation, Bio Sola

TINJAUAN YURIDIS HUKUM WARIS BAGI KHUNSA ATAU BERKELAMIN GANDA DALAM PANDANGAN HUKUM ISLAM

ABSTRACK Humans are grouped as male and female and at birth are treated as boys and girls by parents and it is easy to learn gender as adults. However, for a small number of people, the effort to develop a gender identity is a problem. It means multiple sexes.The type of research used by the author is normative or doctrinal juridical law research, the explanation of which is normative legal research, another name is doctrinal legal research which is also referred to as library research or document study.Multiple sexes in Islam are called Khunsa, Khunsa is divided into 2 namely Khunṡa Ghairu musykil (Khunṡa That Is Not Difficult or Clear) and Khunṡa musykil which is very difficult to determine it cannot be known whether he is male or female, because there are no signs that indicate masculine or vague. However, the mujtahids have determined two ways to determine the sex of the khuna, namely from the genitals and examining the signs of maturity. can also be carried out genital surgery whose purpose is repair or refinement.The distribution of inheritance for a khuntsa ghairu muskyil is seen from his status after going through several ways by seeing the first discharge of urine and also from the signs of maturity. The division of the inheritance of a mushkil khuntsa according to the Shafi'i khuntsa school is given the smallest share of the male and female share then the rest of the property is suspended. Keywords: Law of Inheritance.Status.Multiple

PERLINDUNGAN HUKUM TERHADAP STATUS KEWARGANEGARAAN ANAK HASIL DARI PERKAWINAN CAMPURAN BERDASARKAN UNDANG-UNDANG NOMOR 12 TAHUN 2006 TENTANG KEWARGANEGARAAN

ABSTRACT Marriage is a bond that shows the relationship between one person and another. With the existence of Law Number 12 f 2006 concerning citizenship of the Republic of Indonesia which imposes dual citizenship only until the child is 18 years old or married, after which he must choose one of the nationalities of his choice.The enactment of Law Number 12 of 2006 concerning citizenship where if a child wants to get legal protection of a country. What is the citizenship status of children resulting from mixed marriages according to law number 12 of 2006 concerning citizenship and how are the civil rights of children resulting from mixed marriages according to the legal system in Indonesia. The method in this study uses a normative juridical research method based on the sources of legal material that will be studied by the author. The sources of legal material used include legislation related to the legal issues being handled. Keywords: Mixed Marriage, Dual Citizenshi

ANALISIS PERIZINAN PERKEBUNAN KELAPA SAWIT PT. EQUALINDO MAKMUR ALAM SEJAHTERA

ABSTRACTION During this Covid-19 pandemic, the Oil palm plantations are one of the mainstays of a superior community in order to support the development of the Indonesian national economy by opening up wide-open job opportunities. Indonesia has various wealth products that can improve the welfare of the people in order to increase regional income. In line with Law Number 32 of 2009 concerning Environmental Protection and Management, it is explained that “every business and or activity that has an important impact on the environment must have an Amdal. the formulation of the problem in this study How to analyze the environmental impact on oil palm plantations of PT. Equalindo Makmur Alam Sejahtera and what are the legal consequences for the environmental impact of PT. Equalindo Makmur Alam Sejahtera.This type of research is a type of empirical legal research, empirical legal research is oriented to primary data (research results in the field). The qualitative approach is carried out by conducting direct research in the field, namely by describing the special treatment of the Environmental Impact Analysis of oil palm plantations at PT. Equalindo Makmur Alam Sejahtera, as well as conducting interviews with several respondents who were deemed able to provide information.The result of this research and discussion is that PT. Equalindo Makmur Alam Sejahtera has conducted socialization regarding the company's AMDAL. In the event that it is not certain whether PT. Equalindo Makmur Alam Sejahtera has or not an AMDAL or Environmental Permit related to the oil palm plantation business being carried out. And the result of the environmental impact is the company's administrative sanctions in the form of termination of business licenses. Keywords: Environmental Impact Analysis, Legal Consequences, Oil Palm Plantatio

TANGGUNG JAWAB DEVELOPER BAGI KONSUMEN ATAS PERJANJIAN JUAL BELI RUMAH DENGAN MEKANISME PERJANJIAN PERIKATAN JUAL BELI (PPJB)

ABSTRACTBuying a house usually begins with PPJB as a binder between the developer and the consumer. However, over time, the implementation has been in many portraits of mourning that often reveal the news in the country that disappoints the public as consumers. The low awareness and knowledge of consumers so that they have a greater risk of consumer rights. The problem raised in this paper is the responsibility of the developer to the consumer for the house sale agreement with the mechanism of the sale and purchase agreement (PPJB) and the efforts that can be made by the consumer if the developer does not implement the sale and purchase agreement (PPJB).The type of research used is normative juridical with a statute approach.The responsibility of the developer to the consumer is the loss suffered by the consumer as regulated in Article 19 of Law Number 8 of 1999 concerning Consumer Protection. The developer is also responsible for correct information as well as building quality assurance. The developer's responsibility does not end there, during construction to the maintenance period the developer is also responsible for the quality of the building until the end of all sale and purchase binding agreements and the efforts made by consumers if the developer is unable to carry out the sale and purchase agreement (PPJB), namely, The first step is to ask the developer for existing problems, it can call or reprimand the developer. If it is not from the developer, it can file a lawsuit with the local district court. Keywords: Responsibility, Sale And Purchase Agreement, Develope