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PENYELESAIAN PERSELISIHAN TENAGA KERJA MELALUI KONSILIASI BERDASARKAN UNDANG-UNDANG NOMOR 2 TAHUN 2004 TENTANG PENYELESAIAN PERSELISIHAN HUBUNGAN INDUSTRIAL PADA PT. JARSINDO KARYA UTAMA DI KABUPATEN SIAK W, Debby Novalita; ', Firdaus; Fitriani, Riska
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 3, No 2 (2016): Wisuda Oktober 2016
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Kabupaten Siak banyak menyerap tenaga kerja dan konsekwensinya juga banyak terjadi permasalahan ketenagakerjaan atau yang sering disebut dengan perselisihan hubungan industrial. Salah satu yang terjadi di Kabupaten Siak adalah kasus perselisihan pemutusan hubungan kerja secara sepihak yang dialami seorang karyawan yaitu Poster Sijintak. Permasalahannya, Poster Sijintak dipecat sebagai pengawas lapangan pengangkutan kayu oleh PT. Jarsindo Karya Utama, karena pekerja dinilai oleh pengusaha tidak mampu menunjukkan kinerja/prestasi yang baik, disamping itu atas pertimbangan perusahaan tidak secara kontinu mendapatkan/order kerja pengangkutan kayu dari pengusaha pemberi/penyedia kerja PT.IKKP Perawang. Penyelesaian kasus tersebut di tempauh melalui jalur konsilidasi. Tujuan penulisan skripsi ini untuk mengetahui penyelesaian perselisihan tenaga kerja melalui konsiliasi Pada PT. Jarsindo Karya Utama di Kabupaten Siak dan untuk mengetahui hambatan yang dihadapi dalam penyelesaian perselisihan tenaga kerja melalui konsiliasi pada PT. Jarsindo Karya Utama di Kabupaten Siak. Jenis penelitian ini adalah yuridis sosiologis karena dalam penelitian ini penulis langsung mengadakan penelitian pada lokasi atau tempat yang diteliti guna memperoleh gambaran secara lengkap tentang masalah yang diteliti. Penelitian ini dilakukan di Kabupaten Siak, tepatnya pada Kantor Dinas Sosial dan Tenaga Kerja Kabupaten Siak. Populasi pada penelitian ini adalah seluruh pihak yang terkait dengan penyelesaian tenaga kerja melalui konsiliasi pada PT. Jarsindo Karya Utama di Kabupaten Siak, yakni konsiliator, serta pekerja dan para pengusaha yang menyelesaikan perselisihan hubungan industrial melalui perantaraan Konsiliator di Kabupaten Siak dengan teknik penarikan sampel secara sensus. Sumber data yang digunakan data primer, data sekunder, dan data tersier teknik pengumpulan data dalam penelitian ini adalah wawancara dan dokumentasi. Dari hasil penelitian dapat disimpulkan, penyelesaian Perselisihan Tenaga Kerja Melalui Konsiliasi Pada PT. Jarsindo Karya Utama di Kabupaten Siak telah dilaksanakan dengan baik sesuai dengan Undang-Undang Nomor 2 Tahun 2004 Tentang Tentang Penyelesaian dan sudah diterapkan secara baik oleh konsiliator. Hambatan yang dihadapi dalam penyelesaian perselisihan tenaga kerja melalui konsiliasi pada PT. Jarsindo Karya Utama di Kabupaten Siak yaitu belum ditetapkannya keputusan menteri mengenai besarnya biaya transportasi dan akomodasi saksi-saksi, belum adanya petugas khusus untuk mengirimkan surat panggilan kepada para pihak, belum ditetapkannya keputusan direktur jenderal mengenai bentuk dan isi risalah, laporan, serta tata cara pelaporan, sarana prasarana tidak memadai dan pihak yang berselisih kurang responsif yaitu tidak menghadiri panggilan sidang konsiliasi.Kata Kunci: Perselisihan Tenaga Kerja, Konsiliasi

PENYELESAIAN PERKARA PERSELISIHAN DALAM RUMAH TANGGA SECARA PERADILAN ADAT DI GAMPONG SEUTUI KECAMATAN BAITURRAHMAN KOTA BANDA ACEH Saleh, Rahman; ', Firdaus; Ismi, Hayatul
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 5, No 1 (2018): Wisuda April 2018
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In solving the problems that exist within the Gampong community, Keuchik as the supreme leader must coordinate with all officers of Gampong, Keuchik must also coordinate with the security and public order security (Babinkamtibmas) or the Community Police (Polmas). Coordination between the Gampong (Keuchik) Judiciary and Police officers is very much in line with the Community Police Partnership Forum (FKPM) program. In connection with the above description there are many cases of minor maltreatment that have been carried out peace efforts through customary institutions / justice as regulated in Qanun Aceh no. 9 of 2008.The purpose of this thesis writing is: First, To know the Stages of Settlement Case Disputes In Households by Traditional Court In Gampong Seutui Baiturrahman Sub-district City of Banda Aceh. Secondly, to know the existence of the settlement of cases of disputes within the household by customary court in Gampong Seutui Baiturrahman sub-district of Banda Aceh city has provided justice between the parties.The type of this research is sociological juridical research which means to review the condition of existing problems in the field is related to the applicable legal aspects and which regulate the problem.From the result of the research, it is concluded that Firstly, the stage of settling the case of disputes within the household by customary court in Gampong Seutui Baiturrahman Sub-district of Banda Aceh City is in the implementation of custom settlement there are stages or gradually in the process of settlement and there are customary sanctions provided by the community. The stage starts from the keuchik level, then, tuha peut, then the mukim as the final place of completion in adat. and the time given at all levels by the government is 1 month. And if the case is not resolved customarily then it will be taken by the competent authority to settle the matter legally in force. Second, the settlement of cases of disputes within the household by customary court in Gampong Seutui Baiturrahman Sub-district City of Banda Aceh Giving the justice between the parties is basically giving justice between the parties caused by the parties have taken the agreement to make the peace so that the agreement has given the legal certainty of both the victim who has been harmed and the perpetrator who must fulfill the agreement will not repeat his actions and if the perpetrators repeat it then there is a legal threat to be prosecuted under applicable law.Keywords: Settlement of Household Disputes, Traditional Court of Gampong

Penerapan Kewajiban Konsumen Untuk Membaca Informasi Barang Berupa Makanan Ringan dan Minuman Dalam Rangka Perlindungan Diri Sebagai Konsumen Berdasarkan Undang- Undang Nomor 8 Tahun 1999 Tentang Perlindungan Konsumen Di Kecamatan Sail Amaliah, Nadhira; ', Firdaus; Hasanah, Ulfia
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 3, No 2 (2016): Wisuda Oktober 2016
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Consumer protection is a term used to describe the Legal Protection givento consumers in their efforts to meet the needs of the things that could harmconsumers themselves. Consumer protection law exists to protect the consumerthemselves. Consumers are required to be critical using product with considering"needs" rather than "desire". Consumers should be aware of the good’s conditionprovided by businesses. Here the wisdom required consumers to be careful inchecking the condition of the goods as well as a description of the composition, andan expiration date to avoid things that can harm consumers itself when using goods.In order to achieve the objective of consumer protection laws to increaseawareness, ability and independence of the consumers to protect themselves. Thisresearch objective are: First, to determine why consumers do not implement theirobligations in order to protect themselves as consumers, Second, obstacles thatoccur so that consumers do not carry out its obligations, Third, efforts should bedo to raise awareness of consumer.The result of this research are, First, the implementation of the obligationsof consumers in order to protect themselves as consumer has not been fullyimplemented by the consumer, Second, obstacles that occur caused by lack ofconsumer awareness, the lack of information and the dissemination of governmentabout becoming a smart consumer , Third, attempts to do is to conduct counselingto increase knowledge, awareness, and independence of consumers with the help ofrelevant institutions, such as the Institute For Consumer Protection Organization.Suggestions,First, community should to be more active and intelligent and criticalas consumers. Second, the government should be more concern about consumerprotection such as provide public care about consumer protection law, Third, reactivatedthe relevant organization of consumer protection as governmentrepresentatives in representing the consumer voice.Keywords: responsibility, consumers, application

PENERAPAN PRINSIP GOOD FAITH BAGI DIREKSI PERSEROAN TERBATAS BERDASARKAN UNDANG-UNDANG NOMOR 40 TAHUN 2007 TENTANG PERSEROAN TERBATAS Siltami, Frisa Ayu; ', Firdaus; Hanifah, Mardalena
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 4, No 1 (2017): Wisuda April 2017
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The Directors shall be acting in good faith and responsibly in conducting management of the Company. It was done based on a standard of liability (standard of duty) the most high as stated by law. in this case the role was based beliefs that include, scrupulous, good faith, condor. Related to the case of a lease which is wrapped around the former director of PT Merpati Nusantara criminalizing directors of the company, especially in terms of decision-making led to a loss for the company when making such decisions based on good faith, and in accordance with the articles of association of the company. Article 97 Paragraph 5 of the Company Law says that the Board of Directors shall be take a responsibility for the loss of the Company if the directors can prove that in doing the maintenance company and the decision has been based in good faith and with prudence for the benefit and in accordance with the purposes and objectives of the company the.The research objective of this thesis, namely; First, the application of the principles of Good Faith in the Company Law. Secondly, legal certainty for directors of limited liability company that runs the principles of Good Faith by the Company Law.This type of research is a normative legal research. In a normative legal research, the author have examined the legal issues by using normative research on the principles of law.From the results of research and discussion of the problem there are 2 main things that can be inferred. First, the application of the principles of good faith in leading the Company's directors as stipulated in Article 97 of the Company Law. Although the Company Law acknowledges the existence of the principle of good faith, but no details of the Company Law and the details regarding the principle of good faith (good faith). Second, protection of legal certainty for directors in making a business decision has been regulated in Article 97 paragraph (5) of the Company Law, but in practice there are still many problems could be found for their interpretations in terms of the notion of state finances and state assets causing disharmony between the Company regulations and other regulation so that directors are acting in good faith for taking care of the company is hard to get legal certainty. Suggestions Author, First, should be made a special regulation governing the standard of good faith is not just for company directors, but for the organ of the company such as the AGM and the board of directors in order to create legal certainty for the organ of the company in carrying out their respective duties. Secondly, it needs to be harmonization of all four of the Act by changing the understanding of the State assets are separated state finances and to revise the law.Keywords: Principles of Good Faith, Directors, Limited Liability Company

PERLINDUNGAN HUKUM HAK KOMUNITAS MASYARAKAT ADAT (STUDI PERLINDUNGAN RIMBA LARANGAN MASYARAKAT ADAT RUMBIO KAMPAR Sari, Dwi Mutia; ', Firdaus; ', Dasrol
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 5, No 1 (2018): Wisuda April 2018
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Customary law is part of the law which is derived from the customs, ie social rules that are created and maintained by the legal functionaries and intended to regulate legal relations in a society and have sanctions. The 1945 Constitution of Indonesia concerning on customary law has stipulated in Article 18B paragraph (2), the article states that "The State recognises and respects traditional communities along with their traditional customary rights as long as these remain in existence and are in accordance with the societal development and the principles of the Unitary State of the Republic of Indonesia, and shall be regulated by law". Besides of being protected in the constitution, protection of the rights of indigenous peoples is also regulated in several laws. Rimba larangan is the source of life for the Rumbio indigenous people, and its utilization is done hereditary. The existence of customary forests determines the social economy of the Rumbio community. Recognition is the basic fundamental needed by indigenous peoples to secure the rights of indigenous peoples. The purposes of the author of this thesis, namely: First, To find out why the Rimba Larangan as the rights of Rumbio indigenous peoples not get the recognition from the state. Secondly, to know the mechanism of protecting the rights of indigenous peoples of Rumbio towards Rimba Larangan. Thirdly, to know the efforts to be made so that the rights of indigenous peoples of Rumbio to the Rimba Larangan gain recognition from the state. This type of research can be classified in the type of sociological research, because in this study the authors directly conduct research on the location or place studied in order to provide a comprehensive and clear picture of the problem. This research conducted at Rimba Larangan Adat Rumbio Kampar Regency, while population and sample are all parties related to the problem studied in this research. The source of data using primary data, secondary data, and tertiary data. In addition, the methods of data collection in this research are by questioning through questioner, interviewing and literature studies. From the result of the research, it can be concluded that, there is a dissonance and no harmonization of the Law and Regulation related to the definition of customary forest and indigenous people, The Government considered less attention to the aspirations of indigenous peoples related to the recognition of indigenous peoples' rights toward Rimba Larangan also have to form the cooperation between indigenous and the government in terms of recognition and protection of the rights of indigenous communities. Suggestions to be given are that indigenous peoples should filed a petition in accordance with procedures which has regulated by the law and Government as a bridge to realize the aspirations of the community should provide socialization and knowledge of the Legislation Regulation related to the rights of indigenous peoples. Keywords: Legal Protection - Community Rights - Indigenous Peoples - Rimba Larangan

IMPLEMENTASI BADAN PENYELENGGARA JAMINAN SOSIAL KESEHATAN (BPJS KESEHATAN)TERHADAP PERSAINGAN USAHA RUMAH SAKIT DI KOTA PEKANBARU Has, Randi Awara; ', Firdaus; Hasanah, Ulfia
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 4, No 1 (2017): Wisuda April 2017
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Social security is designed to assist individuals or groups in order to achieve the standard of living and health are more satisfying to the individual and social relationships allow them to develop their full capacity and promote their well-being in continuity, but if the implementation of its impact on competition business can define as competition between sellers and buyers in the market to seize.Because, basically, competition in the business world can be understood as a positive activity in daily life, every economic actor would enter the market through a competitive process in which producers tried to take a way to improve the quality and service in an effort to win the market and consumers.But when their monopolistic practices that lead to business actors become efficient and able to increase barriers to market entry for competitors, the potential conflict with the principle of fair competition can take place her special connection with suspicions of anti-competition fair. This type of research using sociological research, which meant an immediate interview persons that hospitals Lancang Kuning, Petala Bumi, Santa Maria, and Arifin Achmad.This study aims to identify and explain the impact of implementation of the competition BPJS hospital in Pekanbaru. The problems discussed in this thesis is, first, how the implementation BPJS in the review of competition law in the hospital in the city of Pekanbaru? Second, what solution or an attempt to avoid the occurrence of unfair competition at a hospital in the city of Pekanbaru?These results indicate the organization of health BPJS pose unfair competition to the hospital in the city of Pekanbaru. Competition Supervisory Commission Council attempt to analyze more deeply about the impact of the implementation of BPJS whether that act has naturally restrict competition. After this research, it can be concluded that. BPJS Health, in this case the implementation of an impact on a number of businesses who can not participate. The need for regulation of tariff differences hospitals and adjustment requirements to be hospitalized as a partner BPJS.Keywords: Business Competition – BPJS Kesehatan

ANALISIS TERHADAP PENOLAKAN PERDAMAIAN PADA PENUNDAAN KEWAJIBAN PEMBAYARAN UTANG (PKPU) OLEH KREDITUR SEPARATIS DALAM PERKARA KEPAILITAN Ginting, Vida Rianita; ', Firdaus; Fitriani, Riska
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 2, No 1 (2015): Wisuda Februari 2015
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Suspension of Debt Payment is a certain period of time that is given to borrowers who can not pay off debts that have on due time or matured and can be billed, to submit a plan and negotiate to creditors. The peace in negotiation in PKPU ever happened to PT Maja Supreme Latexindo (PT MAL) proposed by one of the unsecured creditors namely Erwito. PT.MAL has a debt owed to unsecured creditors and creditors separatist, but one of the separatist creditors, namely PT. BRI, Putri Hijau Medan branch did not agree with the peace agreed upon by the other creditors by reason that the peace in violation of Article 285 Verse 2 part a, b, and c, 2 of Verse 281 of Law No. 37 of 2004 concerning with Bankruptcy and PKPU ( UUK and PKPU ).The objectives of this paper were, firstly to determine the application process of PKPU request by Erwito and peace proposed by PT . PT MAL against unsecured creditors. Secondly, to determine and analyze the reasons for the PT.BRI to reject peace proposed by PT . MAL. Thirdly, to know peace settlement efforts on PKPU between PT . BRI Putri Hijau Medan Br\qanch and PT . MAL . This type of research was normative juridical research.The conclusions drawn in this study were firstly, the application submitted by Erwito was in conformity with the requirement of the request PKPU namely Article 222 Verse 1 and 3 of UUK and PKPU and peace proposed by PT . MAL was in conformity with Article 281 UUK and PKPU. Secondly, the reason of PT BRI to reject peace agreed upon by debtor and other creditors referring to Article 285 , verse 2 a, b and c were not proven. Thirdly, the legal effort to do by PT BRI was to declare the debtor bankrupt if PT. MAL can not implement the agreement contents as stipulated in Article 255 Verse 1 of the UUK and PKPU and can apply for bankruptcy if it fulfills Article 2 Verse 1 of the UUK and PKPU. PT. BRI can also take legal actions to file an application in a civil case if the debt PT . MAL to PT BRI Putri Hijau Medan branch have not been paid.The suggestions to pose by the author is as follows. Firstly, for business doers, especially before applying for a declaration of bankruptcy should have enough knowledge about PKPU . Secondly , the judges verdict should explain the reason that the proposal is contrary to UUHT and peace achieved because of the conspiracy. Thirdly, bankruptcy regulation should provide an explanation of Article 285 , verse 2 , part b and c . Fourthly ,UUK and PKPU should first set before bankruptcy. Fifthly, the parties involved should do a peace treaty rights.Key words : PKPU- Peace â€“ Legal Efforts

PELAKSANAAN PENEGAKAN HUKUM TINDAK PIDANA PEMALSUAN SERTIFIKAT TANAH DI WILAYAH HUKUM KOTA PEKANBARU Putra, Dondy Permana; ', Firdaus; ', Erdiansyah
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 3, No 1 (2016): Wisuda Februari 2016
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Land certificates issued by agencies of the National Land Agency, or BPN have signs or traits that have so hard to forge its own identity in any official document issued by BPN. Confidentiality and authenticity in official documents BPN, maintained quality through special safeguards contained in the document. Can be in the form of the use of special paper, sealing tape, use of special inks, and so forth. The function of different types of safety is to prevent crimes related to forgery of documents. Thus, when there is a suspicion of allegedly false land titles, can be analyzed in a way comparable to the original document that has the security standards. But with technological advances handful of people who abuse the existing technology by making it a crime to the means. One of them is falsification of land titles.The purpose of this thesis, namely; First, to determine the role of the police as well as the relevant parties to the crime of counterfeiting law enforcement certificate of land in the resort city of Pekanbaru police law. Second, to find out why the occurrence of the crime of falsification of certificates of land in the resort city of Pekanbaru police law. Third, To know the efforts made by the police and other interested parties on the prevention of the crime of falsification of certificates of land in the resort city of Pekanbaru police law.This type of research is a juridical sociological research, because the author directly examine the problems that occur. This research was conducted in the City Police Pekanbaru, while the sample population is a whole party related to the issues examined in this study, the data source used, primary data, secondary data and data tertiary data collection techniques in this study with interviews, literature study and observation.From the research there are three main issues that can be inferred. First, many cases of forgery of certificates in the city this pekanbaru which has not been revealed or reported. Second, the internal and external factors that hinder enforcement of the law against the crime of counterfeiting this certificate, the lack of evidence, lack of testimony from witnesses as well as well as the lack of clarity about the status of the land. Thirdly, the intention of seeking its own advantage by falsifying land titles be causing the crime of falsification of this certificate. Suggestions writer, first, it must improve the performance of Pekanbaru City Police in dealing with the crime of forgery of certificates. Secondly, facilitates finding info on the status of land and checking the authenticity of land titles in the National Land Agency.Keywords: Law Enforcement - Crime - Fraud - Certificate

Tinjauan Yuridis terhadap Pelanggaran Prinsip Keterbukaan pada PraktekWindows Dressing dalam Pasar Modal Indonesia Hutabarat, Ribka Delila; ', Firdaus; Hasanah, Ulfia
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 4, No 2 (2017): Wisuda Oktober 2017
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Information disclosure is an important element for the corporate worldbecause information on the substance presents the description, notes ordescription of good for the State of the past and the latest of an enterprise andthe market effect. But in reality, not all issuers disclose information that isactually about the fact material in the prospectus.If there is a breach of the principle of disclosure by issuers then issuers willbe subject to administrative sanctions in accordance with Article 102 of TheCapital Market Laws, namely in the form of a written warning, fines, namely theobligation to pay a certain sum of money, restrictions on business activities,freezing of business activities, business license revocation, cancellation ofagreement and cancellation of registration. is an action that beautify the financialstatements of a company. This is referred to as windows dressing.Windows dressings aims to enhance your company's image so as toattract investors to make investments. The practice of dressing the windows inthe capital markets can still be said to be a reasonable course of actionthroughout the activities aimed to improve the company and not to the detrimentof others. However, the practice of dressing the windows can be categorized as acriminal offence the capital markets if such activity creates information or issuesmisleading so as to affect the market mechanism. In the event of the occurrence ofthe windows dressing, the practice of legal protection afforded to investors couldbe done in a preventive and repressive.Preventative legal protection carried out by PT. Stock Exchange by doing atemporary suspension against securities trading. While the repressive legalprotection carried out by OJK with conducting surveillance, investigation and theimposition of sanctions to any party proven to engage in the practice of cheatingor fraud in the capital market. In addition, investors who feel aggrieved may do alawsuit to the Court against the issuers that have been doing practice windowsdressing.Keywords:Investors Protection - Windows Dressing â€“ Issuer

Tinjauan Yuridis Terhadap Perampasan Aset-Aset Terpidana Korupsi di Indonesia Yulianda, Premita; ', Firdaus; ', Erdiansyah
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 2, No 1 (2015): Wisuda Februari 2015
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Confiscation of assets convicted of corruption in Indonesia, still be the pros and cons. For those who are pro, rightfully convicted assets derived from corruption, it must be cleaned and should be taken quickly before the suspect or defendant may disguise the proceeds of crime and the exclusion of one of the statutory objectives, namely justice. Because considering the number who engage in corruption in Indonesia and corruption is an extraordinary crime. While they are cons, institutions authorized to plunder not see the rights of the suspect or the accused. The purpose of this study, to determine the expropriation of assets settings convicted of corruption in Indonesia, to know the state may seize suspected assets acquired prior to the occurrence of corruption, and to determine the mechanism of execution against the assets of the accused.The purpose of this minithesis, namely: First, to determine the implementation of environmental criminal enforcement by the Directorate of Criminal Investigation Special Riau Police against the perpetrators of forest and land fires. Second, to determine the constraints faced by the Directorate of Criminal Investigation Special Riau Police in environmental criminal enforcement against perpetrators of forest and land fires, and third, to find out the efforts made by the Special Criminal Investigation Directorate Riau Police to overcome obstacles in the enforcement of criminal law environment against the perpetrators of forest and land fires. This type of research is classified in legal studies is defined sociological look at the effectiveness of the law in force to see the correlation between the legal community.Expropriation of assets settings convicted of corruption provided for in Article 37 paragraph (2) and Article 38 paragraph (2) pursuant to Act No. 31 of 1999 as amended into Law No. 20 of 2001 on Corruption Eradication. Can be seen, that the lack of effective and inefficiency agencies duly authorized to that is to seize assets produced legally. Suggestions author, the first institutions authorized to plunder should really pay attention to the rights of the suspect/defendant, second, Law on Combating Crime Asset fast soon passed, so as not to create a dilemma for the authorities to carry out their duties, and the third, assets that are evident from the crime committed to restore the loss of the country's economy should be described anywhere result of crime assets are allocated.Keywords: Review-juridical-Deprivation-convict Assets-Corruption

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