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TINJAUAN YURIDIS TERHADAP KEDUDUKAN BADAN PELAKSANA KEGIATAN USAHA HULU MINYAK DAN GAS BUMI PASCA PUTUSAN MAHKAMAH KONSTITUSI NOMOR 36/PUU-X/2012 daris a raft ginting; gusliana H.B.; dodi haryono
Fiat Justisia: Jurnal Ilmu Hukum Vol 8 No 3 (2014)
Publisher : Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/fiatjustisia.v8no3.306

Abstract

Relations between the Implementing Agencies of Oil and Gas with Business Entities or Permanent Establishment has put the State and Business Entities or Permanent Establishments that manage oil and gas are in the same position. As a result, the State lost the discretion to make regulations for the benefit of the People. While the Government in carrying out the functions of state control over oil and natural gas resources should has the discretion to make regulation that is profitable for the prosperity of the entire community. Those conditions are so far from optimality. Indonesian oil and gas industry is still heavily dependent on foreign domination. Do Indonesian people ask for judicial review of Oil and Gas Law to the Constitutional Court. While the result of Constitutional Court is the Implementing Agencies of Oil and Gas disbanded. As a replacement, the Government through Presidential Decree No. 9 of 2013 on Maintenance of Management for Upstream Oil and Gas takes over all the functions and duties of the Implementing Agencies of Oil and Gas. Keywords: Oil and Gas, Implementing Agencies of Oil and Gas, functions of state control
Tinjauan Yuridis Terhadap Penyusunan APBD Kota Pekanbaru Tahun 2015 Rialdo Putra; Dodi Haryono; Abdul Ghafur
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 3, No 2 (2016): Wisuda Oktober 2016
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

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Abstract

Problems budgeting in attestation Pekanbaru City budget in 2015, it was the intervention of Parliament too strong budget right where legislators often propose activities that stray away from the proposed community planning forums. Recess schedule of Parliament with Musrenbang process that does not match Musrenbang already done, the new parliament recess resulted in many proposals of Parliament which then appears and changes the results Musrenbang. This legislative intervention based on the possibility of political motives for seeking the interests of constituent support so that legislators act like Santa Claus which divide the project.This study using sociological juridical approach. Sociological juridical research or empirical research approach is to look at in terms of the fact that occur in the field. While the descriptive nature of the research is aimed at providing a clear picture of the issues examined.The results of this study are: First, the district chief submitted a draft regional regulation on accountability of the budget to Parliament no later than 6 (six) months after the fiscal year ends, while the joint approval of the draft local regulations meant most lambat1 (one) month after the draft local regulations accepted by parliament. Implementation of the Fiscal Year 2015 budget changes must be made after the establishment of local regulations on accountability of the budget for Fiscal Year 2014 and the agreement between the regional government and parliament to draft local regulations on Amendment Fiscal Year 2015 budget is set at the latest by the end of September 2015. Second, Budgeting Pekanbaru city Fiscal year 2015 has been delayed due to new ratifications held in June of the fiscal year running. In the drafting process has been delayed due to the relationship the Executive to the Legislature responsible for the budget process Pekanbaru City Fiscal Year 2015 is less harmonious led to discussion of budget to be blocked, so that the determination of what must be done one month before the fiscal year can only be set by June 2015 or six months into the current fiscal year. In addition to these factors, delays in the preparation process is also influenced by political communication, leadership Regional Head, and Political CorruptionKey Word : Preparation - Budgets - Pekanbaru
PELAKSANAAN DISMISSAL PROSEDUR DI PENGADILAN TATA USAHA NEGARA PEKANBARU BERDASARKAN PASAL 62 AYAT (1) UNDANG-UNDANG NOMOR 5 TAHUN 1986 JO UNDANG-UNDANG NOMOR 9 TAHUN 2004 TENTANG PERADILAN TATA USAHA NEGARA M Alpian; Dodi Haryono; Dessy Artina
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 4, No 1 (2017): Wisuda April 2017
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

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Abstract

Proscess dismissal is the examination of any claim by the President of the Court before the case was forwarded to a panel of judges. Dismissal procedure or the Consultative Meeting set in Article 62 of Law No. 5 of 1986 concerning the State Administrative Court. In this consultative meeting President of the Court examine whether a lawsuit lawsuit entry has met the requirements as regulated in Law No. 5 of 1986 concerning the State Administrative Court and whether the mandate of the Administrative court for trial. Therefore, it should be studied simultaneously on the First, Regulation dismissal procedures in the State Administrative Court by Regulation Legislation in Indonesia, the Second, the judges Still Continuing Examination Subject Matter of the Case are not included in the Administrative Dispute.This type of research used in writing this law is the law of sociological research. Population and sample is overall the parties relating to the issues examined in this study, the data source used, primary data, secondary data, and the data tertiary, data collection techniques in this study with interviews and literature study.The results showed that there are two main things that can be inferred. First, Regulation dismissal procedures in the State Administrative Court based on the laws and regulations in Indonesia, that the provisions of Article 62 Paragraph (1) of Law No. 5 of 1985 Jo Law Number 9 of 2004 concerning State Administrative Court governing dismissal procedures or consultative meeting is unclear, because the mechanism or procedure of checking the lawsuit is not regulated in detail, the presiding judge has the authority to carry out inspection of a lawsuit in the consultative meeting and examination preparation. Second. The judges Still Continuing Examination Subject Matter of the Case are not included in Dispute State Administration, the judges should look Evidence Section 100 Paragraph (1) of Law No. 5 of 1986 concerning the State Administrative Court, namely: a letter or writing, expert testimonies , witness statements, confessions of the parties and the knowledge of the judge. First author's suggestion, Article 62 Paragraph (1) No. 5 of 1986 which discusses theprocess of dismissal revised again in order to carry out the detailed process of dismissal referred to in Article 62 of Law No. 5 of 1986 concerning the State Administrative Court.Thus, in the process of dismissal of the lawsuit filed by the individuals and civil agencies clearly understand the functions of the dismissal process, so that individuals and civil legal entity is not harmed. Secondly, To the State Administrative Court to allow the dismissal to be effective. So the lawsuit that has been through the process of dismissal can actually meet the formal requirements and are not repeated occurrence not kewewenang Administrative Courts handle.Keywords: Dismissal Procedures - Of The State Administrative
REKLAMASI SINGAPURA TERHADAP KEDAULATAN WILAYAH REPUBLIK INDONESIA BERDASARKAN HUKUM LAUT INTERNASIONAL FELLA DEFILLA; Dodi Haryono; Widia Edorita
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 3, No 1 (2016): Wisuda Februari 2016
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

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Abstract

Indonesia is the largest archipelago in Southeast Asia which borderswith Malaysia and Singapore. As a state directly adjacent, not infrequenlyIndonesia seized conflict with the neighboring countries, including borderconflicts. Singapore has conducted reclamation activities sice 1966. The case ofreclamation conducted by Singapore is related to the Law of Sea Convention1982. As the one reference for countries experiencing problem or conflict overmarine areas. Indonesia as one of the countries that have ratified UNCLOS in1982, of course, can make a reference in the 1982 UNCLOS reclamation issue.The purpose of this thesis are; First, to determine the settings reclamation ininternational maritime law; Second, to determine the reclamation by Singaporecould threaten the sovereignty of the Republic Indonesia based on theInternational Law of theSea.Type of research used in this study, using a normative legal research. Atthis research the author concentrated on research that examines the level ofsynchronization law more in the case of sea reclamation in accordance withInternational Law and the connected the bilateral agreements between Indonesiaand Singapore with UNCLOS 1982.The result of the research, conclude two main points, First, in the UnitedNations on the Law of Sea in 1982 there were four of Article related toreclamation activities namely, Article 11, Article 56, pargraph 1, letter b, Article60, and Article 80. Secondly, reclamation conducted by Singapore can notthreaten the sovereignty of the Republic Indonesia unfder Article 11 and 60 poin 8of the United Nations on the Law of the Sea 1982.Keyword: Reclamation, Sovereignty, International Sea or UNCLOS
A. Pendahuluan Tindak pidana korupsi merupakan salah satu kejahatan non konvensional yang semakin populer dikalangan masyarakat. Dalam Undang-Undang Nomor 31 Tahun 1999 tentang Pemberantasan Tindak Pidana Korupsi sebagaimana diubah dengan Undang-Undang No Dedy Saputra; Dodi Haryono; Mukhlis R
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 1, No 2 (2014): Wisuda Oktober 2014
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

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Abstract

Issues concerning policy lately quite a few are processed and charged under the Law of Corruption, giving rise to polemics. Polemic about whether or not charged with criminal policy, until now still leaves the issue. criminal liability a person against a crime that happened not in spite of the existence of the elements of criminal liability relating to the offense maker itself, which among others include the ability of responsible, errors in the broad sense and the absence of an excuse and justification. elements of error is the main element or a central element in criminal liability . Persons who have committed a criminal act can be held accountable for criminal conduct against him in a criminal act if it does have an element of error. State administration officials who make policy if the policy is set in an element of abuse of authority or policy behind the enactment of the law against these officials and have malicious intent (mistakes) intentionally want to earn a profit for themselves or others and may cause financial loss to the then state policymakers may be liable.
PELAKSANAAN PENEGAKAN HUKUM TINDAK PIDANA JUDI TOGEL BERDASARKAN KITAB UNDANG-UNDANG HUKUM PIDANA DI WILAYAH HUKUM KEPOLISIAN RESORT KOTA PEKANBARU Hotman Maringin; Dodi Haryono; Erdiansyah '
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 2, No 1 (2015): Wisuda Februari 2015
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

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Abstract

Gambling is a form of the disease among the community and quite unsettling society, one form of gambling that are currently still thrives in the city of pekanbaru is crime gambling pools or sie jie, this gambling problem has long been that failed after. This society that the disease still thrives in the city of Pekanbaru, law enforcement officers have been trying to resort everything possible to eradicate the crime of gambling is but there are still selling these pools, let alone current with supported by an increasingly sophisticated technology where the coupon purchase pools or sie jie can use mobile or through short massage service (sms) so this is what makes the law enforcement apparatus Polresta city of Pekanbaru difficulty to catch bookies pools,in law enforcement against criminal acts of gambling pools there are barriers faced by investigator resort city of Pekanbaru lack of awareness of the law and the openness of society, so that they are only potentially dumb and silent,considered gambling it is something that is natural and only a small infraction, rapid science and technology also makes gambling is increasingly sophisticated, network of lotteries is closed, efforts are being made to overcome those barriers, law enforcement agencies have made efforts to prevention and mitigation, i.e. doing outreach to the community, law formed a special team to spy on a frequent place for pools (informants), patrol and surveillance on the community, doing research and investigation as well as an ambush against the practices of gambling pools.Keyword: law enforcement, community disease, gambling
PENERAPAN SISTEM SOFT BIKAMERAL DALAM PARLEMEN DI INDONESIA Taufik Hidayat; Dodi Haryono; Abdul Ghafur
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 2, No 2 (2015): Wisuda Oktober 2015
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

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Abstract

Legislative power which is also commonly referred to as the parliament is the principal institution in the country. Parliament has a significant role in the development and progress of a country. In general, the structure of the parliament in the world divided into two parliamentary two rooms and one room. Changes in the structure of Indonesian parliament after amendments to the Constitution of the Republic of Indonesia of the two-room system using a soft (soft bicameral). With the use of soft bicameral system then one of the rooms are deliberately limited constitutional authority. The implications of the application of soft bicameral system resulted in DPD performance experienced inefficiency until no significant impact on results (output) of the current parliamentary system ini.Purpose of this thesis, namely; First, the application of soft bicameral system in the Indonesian parliament, Second, improvement of soft bicameral system in the Indonesian parliament.This research is normative, which is done with the approach to find the law for a case in concerto, namely the approach of looking for how to find the relevant facts, then find the law in abstracto the right to object under study. Data sources used include primary data, secondary data, and the data tertiary. Data collection techniques using literature studies.From the research problem there are two main things that can be inferred. The first preliminary design DPD is not formed based on the context of checks and balances between the rooms in the parliamentary system (just as the subordination of parliament) so that the parliament has become lame, no institution but not functioned optimally,. Second, the problem lies in the constitution it is necessary to change the constitution by perfecting the current parliamentary system from soft to strong bicameral bicameral. Suggestions writer, First, improvements pattern DPR and DPD relationship should be mutually reinforcing regional interests accommodated maximum order, through product quality legislation will lead to the advancement of the nation, second, through changes to the constitution to encourage efforts to improve the system in the direction of strong bicameral parliament.Keywords: Parliament - Soft bicameral - strong bicameral
PELAKSANAAN FUNGSI PARTAI POLITIK DI WILAYAH KOTA PEKANBARU DALAM MENYERAP, MENGHIMPUN DAN MENYALURKAN ASPIRASI POLITIK MASYARAKAT BERDASARKAN UNDANG-UNDANG NOMOR 2TAHUN 2011 TENTANG PERUBAHAN ATASUNDANG-UNDANG NOMOR 2 TAHUN 2008 TENTANG PARTAI POLITIK Rofika Shopia; Dodi Haryono; Junaidi '
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 1, No 2 (2014): Wisuda Oktober 2014
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

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Abstract

Law Of Republic Indonesia Number 2 Year 2009 concerning the changing Law Of Republic Indonesia Number 2 Year 2008 concerning Political Party which ruled political party as democratic based to run its function as absorber, collector, and people aspiration distributor that should be done continuously by political party members. But in fact, political party in this case, its function only has been done bt members who want to be legislative candidates or executive candidates in election. Based on this issue, problem identification in this thesis, are: first, how do political party mechanism in absorbing, collecting, and distributing people aspiration? Second, did it run well? Third, what are the challenges and effort which are done by political party in absorbing, collecting, and distributing people aspiration, and also its problem solving to solve the challenges?This research is sociological law research and descriptive. This research was located in Region Representative Committee Office Of Golongan Karya Party in Pekanbaru, Branch Representative Committee Office Of Demokrasi Indonesia Perjuangan Party in Pekanbaru, and Region Representative Committee Office Of Amanat Nasional Party. The data which is used consist primary data and secondary data. Technically data was collected by field study (interview and questions and library study). Then analized qualitatively and make conclusion by deductive thought method.Based on this research , as results we know that absorbing , collection mechanism, and distribution of people aspiration has no specific rule sin those parties especially about the mechanism so parties can make their own conclusion about people needs, political party still not optimum or maximumin doing their functions in absorbing, collecting, and distributing people aspiration. There are many challenges such as party’s member have less participation, people society have less participation, the improvement of negative thinking or mind around the people and limited resources. The solution is by making a value system and sanction to members , build a good relationship with NGO, enlighment society mind, and find another source which has no boundaries.Key Word : political party – aspiration - society
KEDUDUKAN LAPORAN KETERANGAN PERTANGGUNGJAWABAN KEPALA DAERAH KEPADA DEWAN PERWAKILAN RAKYAT DAERAH BERDASARKAN UNDANG-UNDANG NO. 32 TAHUN 2004 TENTANG PEMERINTAHAN DAERAH WAHYU ADHA RAHMANSYAH; Ikhsan '; Dodi Haryono
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 1, No 2 (2014): Wisuda Oktober 2014
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

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Abstract

Results reveal that the position of Regional Head Report on the regional administration is a duty officer who delivered Parliament in each year and end tenure with a particular mechanism. While the function Report on the Regional Head as a benchmark to determine the success or failure of the Regional Head in carrying out its duties during a certain period, and increased efficiency, effectiveness, productivity and accountability by monitoring the implementation of the Local Government Council. Nevertheless, the obligation Report on the Regional Head does not have legal consequences against the dismissal of the Head of Region as contained in Law No. 32 Year 2004 on Regional Government. Constraints associated judicial accountability report. Regional Head of the Parliament by Law Number 32 Year 2004 regarding Regional Head ie the absence of strict sanctions against the delay in the implementation of the accountability report, there is no clear legal consequences of the poor performance achievement in the Regional Head accountability report, and the lack of accountability and transparency mechanisms for the accountability report society.Keyword : Position, Funtion and Acoubntability of regional heads.
RESTRUKTURISASI MAJELIS PERMUSYAWARATAN RAKYAT SESUDAH AMANDEMEN UNDANG-UNDANG DASAR NEGARA REPUBLIK INDONESIA TAHUN 1945 Alsidik Syahputra; Dodi Haryono; Junaidi '
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 2, No 2 (2015): Wisuda Oktober 2015
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Institution of the People's Consultative Assembly was referred to as the supreme perpetrators of popular sovereignty even in Article 1 (2) of the Constitution of 1945 before the change formulated by the sentence: "The sovereignty of the people's hands and performed entirely by the Assembly". Now, the provisions of Article 1 (2) altered its formulation into "the hands of the people's sovereignty and implemented in accordance with the Constitution". The purpose of this study was, first, to know clearly the position of the Assembly before and after the amendment of the Constitution of the Republic of Indonesia Year 1945. Second, to determine the urgency of institutional restructuring of the People's Consultative Assembly in the state system of Indonesia. Third, to determine the implications of changes in the position of the Assembly on the principle of popular sovereignty. From this research, there are three things that can be concluded, first, notch the Assembly before the amendment is the holder of the rule or the highest power. The position of the Assembly after the amendment is no longer as the highest state institution, the position of all state agencies are aligned as state institutions. Secondly, in connection with the checks and balances it is also proposed the idea of changes to the parliamentary system of the supremacy of the Assembly became the parliamentary bicameral system (two rooms) are interwoven in a relationship of checks and balances. Third, the amendment to article 1, paragraph (2) and Article 2, paragraph (1) implicated in, reposition the role of the Assembly of the highest state institutions (the supreme body) into the joint between the House of Representatives and the Regional Representatives Council. Suggestions writer, First, people's Consultative Assembly session which is a joint forum of the Board of Representatives and Regional Representative Council does not need to be permanent so that more precise leadership of the Assembly ad hoc course, do not need a separate secretariat and leadership. Second, Reinforce a legislative system adopted whether unicameral system (one room) that the House of Representatives and the Regional Representatives Council remove institution or adopts a bicameral (two rooms), namely the House of Representatives and Regional Representative Council with the consequences of having a very strong position. Third, Indonesia should be able to follow the United States, on the relationship between the House of Representatives (DPR) and the senate in congress (parliament) who put both in a balanced legislative function and can perform mutual checks and balances.Keywords: Restructuring - MPR - amendment – Constitution of 1945
Co-Authors ', Erdiansyah ', Ikhsan ABDUL GHAFUR Abdul Ghafur Aflina, Dia Aisyah Hatta Lianda Alfianim ' Alsidik Syahputra Andri Fandio Reza Andrikasmi, Sukamarriko Angga Sastiawan Lantri Anggi Jukrianto ARGA SANDYA RAJA SINURAT Arika Saddami Azoumy, Nur Ghufran Bahrul Ilmi Binsar Bersahabat Hutasoit Budi Prasetyo daris a raft ginting daris a raft ginting, daris a raft Dedy Saputra Dessy Artina Dewi, Murti Sari Didik Saputra Diennissa Putriyanda, Diennissa Dihan Elzani Dina Febri Yulita Dwi Liza Wati Emilda Firdaus Eprin Erikson Nababan Erdiansyah ' erdiansyah erdiansyah, erdiansyah Erlando, Topan Rezki Evi Deliana HZ FELLA DEFILLA Fika lestari Fitra, Ade Fadillah fitria ningsih Geofani Milthree Saragih gusliana H.B. Gusliana H.B., Gusliana Gusliana HB Handika, Yoga Harry Surya Putra Hengki Firmanda Hotman Maringin Ikhsan ' Ikhsan Ikhsan Ikhsan Ikhsan IskandarIskandarIskandar, Hafiz Jendri Heri Sumarta Julranda, Rizky Junaidi ' Junaidi Junaidi Junaidi Junaidi Kaafin Ulhaq Ledy Diana Lubis, Baihaki M Alpian M JAMHURI M. Sadewa Rafie Aldiza M. SADMI AL QAYUM Maria Maya Lestari Merina Nurmiati Mexsasai Indra Muhammad A. Rauf muhammad andi susilawan muhammad andi susilawan, muhammad andi Muhammad Fathra Fahasta Muhammad Roif Alghani Mukhlis R Nia Fitriyani Nilam Hananti Nurahim Rasudin Nurliana Br Siregar Panggabean, Mey Sry Rejeki Parda Doni Andreas Pika Julianti Putra, Tamin Ripinra Rani Rinaldi Rauf, Muhammad A Rauf, Muhammad A. Reza Fachrurrahman Rialdo Putra Riduan Z Rinaldi, Rahmi Rizwanda, Wawan Rofika Shopia Ronny Andreas Rudi Heriyanto Sihombing safrudin - Separen, Separen Septiana Ulfah Silfania Nigellia Sri Nabila Sultan Fadillah Effendi Taufik Hidayat Triandi Bimankalid Vitari, Jihan Aqila WAHYU ADHA RAHMANSYAH Wahyu Hidayat Wahyu Noprianto, Wahyu Widia Edorita Yan Agus Priadi Zainul Akmal Zuhdi Arman Zulfahmi ' Zulwisman, Zulwisman