WEWENANG PENYELENGGARA JALAN OLEH PEMERINTAH KABUPATEN BERDASARKAN UNDANG-UNDANG REPUBLIK INDONESIA NOMOR 38 TAHUN 2004 TENTANG JALAN (STUDI DI WILAYAH KABUPATEN SINTANG)

Road is a vital transportation infrastructure for the economic and social growth of its people. An accessible of road transport as a physical infrastructure facility for the better purpose of the its community. In case, the road damage in Sintang Regency area needs to be handled. Therefor, road organizer’s authority is required based on the provisions in Legal System the Republic of Indonesia about road Number 38 the years of 2004. This method of this study is a sociological juridical with a descriptive analytical research characteristics.As a result, the goverment’s authority of Sintang district or as the road organizer are based on a legal sytem article 16 about road number 38 the years of 2004 called as the authority of attribution. This implementation of this authority is technically by the Public Works Department of Sintang District. The causes of road damage for both of National and Provincial are because The government of Sintang District have no authority for handled. The government of Sintang DistrictGovernment only providing road damage reports .In conclusion, the authority of the government of Sintang District as the road organizer are based on a legal sytem article 16 about road number 38 the years of 2004. This authority as the authority of attribution. In technically, it is carried out by the Public Works Department of Sintang District. The roads in Sintang Regency consist of National roads, Provincial roads and Regency roads. In hence, it can be inferred that barrier factors for Government’s authority of Sintang District as road organizer, namely; the legal structure factors, the substance factors and the culture factors.

WANPRESTASI PERJANJIAN RUMAH TOKO DI JALAN SIDOMULYO NOMOR 4 KECAMATAN NANGA PINOH KABUPATEN MELAWI

In steering a cooperative-work or business affiliation in the field of lease a building, whereas for the case of this research is a house store, it is certainly every single business actor should create rules of the game as outlined in the form of an agreement between the parties covered in order to evade legal problems that occur in the future. The parties must construct an agreement used as a legal base which obeyed by the parties covered. The approach used in this research is a Sociological Juridical Method. The approach is defined as problem analysis through legal research of factual facts in institution concerned or toward the community which covered as problems handled in the research. This research is designed in form of descriptive analysis which identifies the whole systematic object of the research problem. Furthermore, if the agreement that have been agreed upon by the parties concerned are not properly applied, as a consequences one of the parties can prosecute for compensation due to carelessness or it may also clarify in legalterms one of the parties defaults on the lease agreements that have been mutually approved. As result, In the implementation of the rental agreement of rent a house store between a lessor and the lessee on Sido Mulyo avenue, Nanga Pinoh District, Melawi Regency, it is implemented properly with the phases accomplish by the parties as follows: arising fromnegotiationstosigningtheleaseagreement letter and it should be as responsibilities of the all parties in accomplishing it properly as decided on the the agrreement of rent a house store on the sidomulyo avenue, Nanga pinoh district, Melawi regency. Moreover, in each cancellation of the agreement, all the risk of the lease will be as a responsibility of the lessee if it is canceled. Thus, the agreement must be implemented in good trust on the rights and obligations attached for each party. It also the contents of the agreement must be regulated complete with presence of sanctions. If there is negligence in adhering to the contents of the agreement, a legal formal should provide an appropriate settlement. Along with it, the design of the contents of the agreement is accomplished in a meticulous and decisive. Thus, the responsibilities of the parties toward the rights and obligations of each party immediately accomplished.

HAK WARIS ANAK PEREMPUAN TIONGHUA DALAM PRESFEKTIF HUKUM (STUDI DI KABUPATEN SEKADAU)

The Tionghoa community is one ofLegislation of Civil Law (Burgelijk Wetboek), it is displaying the existence of legal pluralism in Indonesia.the societies that populated for a long time and it is almost evenly spread in Indonesia. In several case of Tionghoa communities especially in terms of inheritance, a Tionghoa customs is continued to be used which are intended to regulate the differences rghts of boys and girls. In Tionghoa culture, boys are at high position because they are the successors of the clan (clan), contrariwise in Legislation of Civil Law (KUH Perdata) the position of girls and boys are equal. The gap of this differences fascinates the author to apply a research that will be published as a journal with the identification of the problem: How is the inheritance rights of Tionghoa girls toward the inheritance distribution in a legal perspective.This research uses a sociological juridical approach as means of a qualitative method. It is intended to provide a detailed explanation of the phenomenon which difficult to convey in form of quantitative method, to describe the differences between inheritance law that applies to Tionghoa communities and the inheritance legal system according to theThe results of this research confirm an essential difference between the customs and habits of Tionghoa communities and the inheritance legal system according to the Legislation of Civil Law (Burgelijk Wetboek), namely the Tionghoa Indonesian community assign the son as a truly successors of the inheritance of their parents. Therefore, the position of sons is more higher than girls because of the inheritance of the clan. In other hand, the girl does not obtain rights to inherit because the girl will follow her husbands when married.In Legislation of Civil Law (The position of girls and boys are equals, because the Legislation of Civil Law especially adheres to an individual inheritance system, bilateral and parental. In addition to these, the Legislation of Civil Law also know the terms of absolute part of the inheritance (legitime portie), whereas according to customary law; the position of Chinese is different, where the position of boys is higher than girls, this is because boys will take a responsibility to carry the name of their clan (clan) endlessly to the next descendants.The author recommend suggestions consider with with today’s developments and to accomplish the demands of a sense of justice, it is better for girls inherit without being discriminated. Meanwhile, the customs and culture are entrenched. However, a compromise is the middle way as resolution. It is consider with the inheritance law of Indonesia occurs a legal pluralism that influenced by religion, ethnicity and customs, therefore customary laws that was born from the traditions of the Tionghoa community enable to be enforced.

PEMBAGIAN HARTA WARISAN PADA MASYARAKAT ADAT DAYAK PAKPAK OLEH TEMENGGUNG ADAT MENURUT HUKUM ADAT DAYAK PAPAK DI DESA NANGA UNGAI KECAMATAN KAYAN HULU

Dayak Pakpak tribe is one of the Dayak tribes in Sintang regency, it is located at Nanga Ungai village, Kayan Hulu Subdistrict, whereas at there the distribution of inheritance uses a customary law until nowadays.The research discussion designed toward the performance distribution of inheritance on Dayak Pakpak community by the Temenggung adat which related to the Customary Law of Dayak Papak in Nanga Ungai Village, Kayan Hulu subdistrict.The approach used in this research is a Sociological Juridical Method. The approach is defined as problem analysis through legal research of factual facts in institution concerned or toward the community which covered as problems handled in the research.As results, the implementation of inheritance distribution on Dayak Pakpak community by the Temenggung adat are suitable with a customary law of Dayak Papak in Nanga Ungai Village, Kayan Hulu subdistrict, which is implementedby Temenggung with the beneficiary in accordance with the beneficiary’s orders for the period of his lifetime, as for the group who gets the inheritance biological child, wife/husband, parents (father/mother:only if the person concerned dies), grandchildren (in case the child is no longer there) and grand children (in case the grandchild is not there).In conclusion, according to the customary law of Dayak Papak in Nanga Ungai Village, Kayan Hulu District, it is carried out by Temenggung together with the heirs in accordance with the heir’s orders during his lifetime. The group who gets the inheritance Natural children, wife / husband, parents (father / mother if the person concerned dies), grandchildren (in this case the child is no longer there) and grandchildren (in this case the grandchild is not there). Then after, if there is a debate in those family mentioned in receiving the assets, it should be resolved by gathering together as means of talk for finding solution and the Head of Custom together with the Temenggung must be engaged.

SANKSI ADAT BATALNYA MELAKSANAKAN PERKAWINAN PADA MASYARAKAT DAYAK DESA (Studi Kasus di Desa Mengkirai Kecamatan Kayan Hilir Kabupaten Sintang)

Marriage is a gift from God Almighty as every human desires to find a life partner and build a household until separated by death. In carrying out the marriage, there is a relationship between men and women to come together in family. Hence, in aim to come together between two families, a meeting are needed between the men and women. This meeting are intended to deals with the implementation of the marriage party, annulment of marriage from man or woman which enable to cause a dispute between the two parties. Thus, the recovery must be done by a customary system.In result, the annulment of marriage which performed one-sidedly by both men and women in Dayak Desa community is one of disobedience custom. This is as a responsibility tha must be fulfilled for one party because it has been said as means as “lie” (Ngemula). Customary payments formed as “Tempayan”, 1 (rinti) of pig, a chicken, 4 kl rice (6 kulak), iron (nails), sarong cloth (kain Tapih) for opening words of each party Rp. 50,000,and the embarrassment cover money of Rp 1,000.000. These all customary range must be met by the party who annulled the marriage. The factors are caused to annul a marriage namely, the fear of building a household because there is no mental readiness and for not having a permanent job. Thus, the fear arises at the implementation of the marriage.Based on the conclusions mentioned above, the researcher suggest that range of customs of annulment of a lie marriages (Ngemula) in Mengkirai Desa, Kayan Hilir Subdistrict, Sintang Regency, It must be maintained based on the habits of the Dayak Desa community. Customary administrators in Mengkirai Village, Kayan Hilir Subdistrict, Sintang Regency, it is need to be more improved in socializing disobedience custom in the community. The improvement is needed to reduce the marriage annulment.

UPAYA PENANGGULANGAN PENGANIAYAAN GURU

Efforts to tackle criminal abuse committed by parents of students against teachers that occur in schools both at the high school, junior high school and elementary school level. This aims to determine the efforts made by the school to tackle teacher maltreatment and to find out the factors that cause teacher maltreatment by parents of students, and to find out whether a new law is needed to provide protection for teachers and lecturers.Keywords: Efforts, Countermeasures,Persecution, Teachers.

TINJAUAN YURIDIS TERHADAP LAPORAN HASIL AUDIT PERHITUNGAN KERUGIAN KEUANGAN NEGARA ATAS DUGAAN TINDAK PIDANA KORUPSI DALAM SENGKETA TATA USAHA NEGARA (Studi Pada Putusan Pengadilan Tata Usaha Negara Pontianak Nomor : 19/G/2017/PTUN-Ptk)

Tindak pidana korupsi merupakan kejahatan yang luar biasa, karena dapat merusak sendi-sendi kehidupan bernegara. Namun demikian, pada kenyataannya penegakan hukum untuk memberantas tindak pidana korupsi selama ini terbukti mengalami berbagai hambatan. Salah satunya berkenaan dengan Laporan Hasil Audit yang dikeluarkan oleh Pemerintah atas permintaan Kepolisian dalam dugaan tindak pidana korupsi, sebagaimana terjadi di Kabupaten Sintang. Tim Audit Inspektorat Kabupaten Sintang menerbitkan Laporan Hasil Audit Nomor : 700/194/ITKAB/2016, tanggal 27 Desember 2016 Tentang Penghitungan Kerugian Negara Atas Dugaan Tindak Pidana Korupsi Program Pengembangan Usaha Agrobisnis Perdesaan (PUAP) Tahun 2013 Pada Desa Pelaik Kecamatan Kayan Hilir Kabupaten Sintang oleh Gabungan Kelompok Tani (Gapoktan) ”Kuala Abadi.” Laporan hasil audit tersebut digugat oleh perwakilan pengurus Gapoktan “Kuala Abadi” Desa Pelaik Kecamatan Kayan Hilir Kabupaten Sintang melaui Pengadilan Tata Usaha Negara Pontianak dengan Nomor Registrasi Perkara : 19/G/2017/PTUN.PTK, tanggal 4 April 2017. Gugatan tersebut telah diperiksa dan diputus dalam persidangan dengan penilaian Majelis Hakim bahwa Laporan Hasil Audit merupakan bentuk Keputusan Tata Usaha dan merupakan objek sengketa Tata Usaha Negara.

UPAYA PEMBINAAN TERTIB ADMINISTRASI DESA OLEH DINAS PEMBERDAYAAN MASYARAKAT DAN PEMERINTAHAN DESA KABUPATEN SINTANG

The orderly administration of the village becomes the authority of the Sintang District Village Empowerment and Village Administration Office which aims to achieve good and effective village government performance in its administration system. The research method used is a qualitative descriptive approach, data analysis techniques are qualitative, the tools used are Observation Guide, Interview Guidelines and documentation. The subjects of the study were 5 people, namely the Head of the Sintang District Village Community Empowerment and Village Empowerment Office, Sintang District Village Empowerment and Community Empowerment Office Secretary, Sintang District Village Empowerment and Community Empowerment Office Administration Staff, the Administrative Staff of the Sintang District Village Community Empowerment and Government Administration Office. Village Chief in Sintang Regency 2 people. Implementation of Administrative Guidance is carried out on an ongoing basis through technical guidance, work meetings and direct visits tovillages, Coordination in the Implementation of Administrative Coaching is carried out internally in the Office of Community Empowerment and Village Government by the Head of the Institutional Section because of the interrelated coaching from various aspects such as finance and also administrative order , Supervision of the implementation of Administrative Development together according to the authority of the Office of Community Empowerment and Village GovernmentKeywords: Efforts, Guidance, Orderly Administration.

ANALISA SANKSI PIDANA TERHADAP PELAKU PENCURIAN DALAM KEADAAN MEMBERATKAN DI WILAYAH HUKUM PENGADILAN NEGERI SINTANG STUDI KASUS (PN SINTANG Nomor 237/Pid.B/2017/PN Stg Tahun 2017)

The theft mode of the four defendants is by jointly harvesting oil palm fruit belonging to PT. SDK 4 Bukit Benua Block 13QQ slices B and C located in Penjernang Hulu Village, Sungai Tebelian District, Sintang Regency. The harvested palm oil is then transported to the side of the road and arranged with a total of 102 (one hundred two) pieces of fresh palm oil bunches of about 2 (two) tons to be sold. It was not yet possible to be transported for sale that TJ, a harvest inspector and a West Kalimantan Regional Police Mobile Brigade, who were conducting routine patrols in the PT. SDK 4 Bukit Benua, then at 12:30 a.m. Witness witnessed diareal Block 13 QQ sliced Bdan C found there were 6 (six) people who were illegally harvesting to steal the area’s palm oil and Brimob succeeded in securing evidence of palm fruit, egrek and one unit the defendant’s motorcycle, the defendant ran away.Keywords: Analysis, Sanctions, Theft.

“PERLINDUNGAN KONSUMEN TERHADAP PEREDARAN MAKANAN YANG MENGANDUNG PENGAWET BERBAHAYA (STUDI PASAR JUNJUNG BUIH KOTA SINTANG)”

Packaged food is a food product that is widely circulated and free in the community. Foods that will be circulated for consumption so as not to harm consumers must include adequate, correct, honest and responsible information. So that every business actor in the food sector that is circulated is burdened with responsibility, especially if the food he produces causes losses to consumers. Based on the Decree of the Regent of Sintang Number: 510/156 / KEP-INDAGKOP-C/ 2015 dated February 27, 2015, on the Integrated Supervision of Hazardous Materials Abused in Food, a joint team chaired by the Sintang DistrictHealth Office held a raid in the Junjung Buih market and the shops in the Sintang Inpres Market. Related to the raid conducted by this integrated team, where the purpose of the raid is in order to anticipate the entry of hazardous materials to the market, such as borax, formalin, dangerous dyes Keywords: Protection, Consumer, food preservatives