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All Journal Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Jurnal Pengabdian Kepada Masyarakat (Indonesian Journal of Community Engagement) Panrita Abdi - Jurnal Pengabdian pada Masyarakat Unram Law Review JURNAL PENDIDIKAN TAMBUSAI Jurnal Penelitian dan Pengabdian Kepada Masyarakat UNSIQ Jurnal Kajian Peradaban Islam Maspul Journal of Community Empowerment The Indonesian Journal of International Clinical Legal Education Unri Conference Series: Community Engagement Jurnal Ilmiah Wahana Pendidikan Jurnal Kajian Peradaban Islam Jurnal Ilmu Hukum Riau Law Journal QISTINA: Jurnal Multidisiplin Indonesia Journal of Law and Legal Reform The Indonesian Journal of International Clinical Legal Education Journal of Health Education Law Information and Humanities Melayunesia Law
Hayatul Ismi
Universitas Riau
Religion Humanities Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Education Health Professions Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Library & Information Science Nursing Social Sciences Other

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Tanggung Jawab Perusahaan Terhadap Kehilangan Barang Penumpang Yang Berada Di Dalam Kapal Di Panipahan Kecamatan Pasir Limau Kapas Muhammad Danel; Hayatul Ismi; Dasrol Dasrol
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 6, No 1 (2019): Januari -Juni 2019
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

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Abstract

The study with the title "Corporate Responsibility for Loss of Passenger Goods that Are Inside theShip in Panipahan, Pasir Limau Kapas Sub-District" aims to determine the Company's responsibility forpassenger goods and to know the resolution of goods suffered by passengers. This research includesempirical legal research.The research is to find out the business actors' responsibility for losing luggage of passengers whoare inside the ship, while the research data comes from primary data and secondary data obtained by meansof interviews with the company and related parties. Problems arise where there is a clause in thetransportation document (passenger ticket) which states that the transport company is not responsible forloss or damage during the trip. This is clearly contrary to Article 40 Paragraph (1) of Law Number 17 Year2008 concerning Shipping.The conclusion from the results of this study is that the attitude of discipline in carrying out the rulesof transporters, passengers and the government in order to create safe, comfortable and orderly services, toimprove shipping quality that prioritizes comfort, security and order, transport companies should beresponsible because they have clearly the transport agreement is made between the transport company andthe passenger. The shipping company must also include baggage documents and label the passengerbaggage so that it is not exchanged and easily prove that the transport company must also pay attention tothe Law related to the future in carrying out its business activities in order to advance sea transportationand remain a passenger choice transportation. The transportation company in the future should makecompensation provisions to see the initial agreement between the transport company and the passenger andpay attention to the compensation mechanism that has been regulated in the Act so as not to cause harm topassengers.Keywords: Responsibility, Compensation, Company, Sea Freight, Freight Agreement.
PERLINDUNGAN HUKUM ATAS PEMBATALAN ORDER PEMBELIAN MAKANAN SECARA SEPIHAK OLEH KONSUMEN MELALUI LAYANAN GO-FOOD PADA APLIKASI GO-JEK Lisa Novalia Cuyana; Hayatul Ismi; Ledy Diana
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 7, No 1 (2020): Januari - Juni 2020
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

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Abstract

GOJEK is a social soul technology company that aims to improve the welfare of works in various informal sector in Indonesia. GOJEK which is an online based transportation developed by PT.GOJEK Indonesia has several services or features, one of which is GO-FOOD. GO-FOOD service in the GOJEK application is a food delivery service in which an agreement between the service provider and the costumer occurs. PT.GOJEK Indonesia through its system in the GOJEK application can bring together costumer as food order with drivers and carries.This type of research can be classified in the type of research that sosiological, because in this study the authors directly conduct research at the location or place of study in order to provide a complete and clear picture of the problem under study. The study was conducted at the Land Transportation Management Area IV in Riau Province and Riau Island Province and Basecamp GOJEK Banten Pekanbaru City, while the population and the sample are all parties related to the problems axamined in this study, the sources of the date used, primary, secondary and tertiary, than the collection in this study by interviews and library study.From the result of the research problem there are two main things that are concluded. First, legal protection for unilateral cancellation of orders in accordance with Article 1338 of the Civil Code regarding freedom of contract and Law Number 11 of 2008 concerning information and electronic transaction. Where in this provision it is in accordance with the application GO-JEK that the driver and consumer have made an agreement through electronic transaction as outlined in the electronic contract binding the parties. Secondly, due to the law arising from unilateral cancellation carried out by consumers based on Article 1365 regarding acts against the law, consumers are required to make compensation for actions taken against the driver who has suffered losses.Keywords: Legal Protection, Driver, Unilateral Cancellation
IMPLIKASI YURISPRUDENSI MAHKAMAH AGUNG NOMOR 1400K/PDT/1986 TERHADAP PERKAWINAN BEDA AGAMA PUTRI ANNISAH; Hayatul Ismi; Ulfia Hasanah
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 8, No 2 (2021): Juli- Desember 2021
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

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Abstract

Interfaith Marriage
TINJAUAN YURIDIS PENGANGKATAN ANAK WARGA NEGARA INDONESIA OLEH WARGA NEGARA ASING BERDASARKAN PERATURAN PEMERINTAH NOMOR 54 TAHUN 2007 TENTANG PELAKSANAAN PENGANGKATAN ANAK Epi br Pakpahan; Hayatul Ismi; Ledy Diana
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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Child is one of the best God blessing so that they must have protection from their parent and the environment. Now adays there so many children don’t get protection either from the family and the environment. According to give protection to them adoption become the final decision. In adoption we must concern the best interest for children. Generally there are two kind of adoption first domestic adoption, and Intercountry adoption. Indonesia has regulation for Adoption Peraturan Pemerintah 2007 Number 54.In this writer will explain about Intercountry adoption dan try to describe however intercountry adoption give positive contribution for protection of the children right. The method that I apply in this is analisys normative which is using primer data and skunder data. The conclusion from writer about intercountry adoption is the regulation Peraturan Pemerintah 2007 Number 54 that we have is not enough to give protection for right of the children. There are still have weakness so it give opportunity to unresponsibility person to do their crime such as trafficking.So the most important thing that Indonesia must do is ratification The Den Haag Convention “Convention On Protection Of The Children and Cooperation In Respect Of Intercountry Adoption” conclude 29 May 1993. Now adays the intercountry adoption inIndonesia not yet give guarantee on protection of the Children right. Indonesia try to repairs the law so in the future intercountry adoption can give positive impact for protection of the children right which is children is weak individu as phisicly an mentally so they need our protection.Keywords: Adoption.
PEMUTUSAN HUBUNGAN KERJA ANTARA PT.BORMINDO NUSANTARA TERHADAP KARYAWAN TANPA PEMBERIAN UPAH PROSES David Bernando; Hayatul Ismi; Riska Fitriani
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 5, No 2 (2018): Juli - Desember
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

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Employment Development should be regulated in such a way as to fulfill fundamental rights and protections for the workforce and at the same time be conducive to the development of the business world. Termination of Employment by the Employer / Company against the Worker / Laborer because the worker / laborer has suffered work accident causing the worker / laborer who according to the doctor's statement can not perform his job which has been agreed in the work agreement less than 12 months continuously. The issues discussed are firstly how the judges' consideration in consideration decide the case Number 772 K / Pdt.Sus-PHI / 2016. Secondly whether the decision of the case Number 772K / Pdt.Sus-PHI / 2016 has been decided fairly in accordance with Law Number 13 Year 2003 on Manpower. The research method used is normative juridical research that is library research where this research is bebasis research norm of law. In data collection, the type of data used in this study is primary data and secondary data, namely through legislation and from official documents, books and also the results of tangible research. The data analysis is done descriptively and deductively deduced.From the results of research conducted by the author on the basis of the case of termination of employment, the judge is of the opinion that in the case of termination of this employment has been legitimate so that there is no need for payment of wage process to the workers and also the judge in deciding the case has been mistaken in applying the principle of justice.Keywords: Termination of Employment - Labor - Process Wage
PERLINDUNGAN HUKUM TERHADAP HAK CIPTA LAGU YANG DIGUNAKAN TANPA IZIN DITINJAU DARI UNDANG-UNDANG NOMOR 28 TAHUN 2014 TENTANG HAK CIPTA DI PEKANBARU Agrian Hilmar Alfattah; Hayatul Ismi; Ulfia Hasanah
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 4, No 2 (2017): Wisuda Oktober 2017
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

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Abstract

The song is one of the works protected by copyright legislation, namely Act (UU) No. 28 of 2014 about copyright. But in practice there are often violations of Song or Music copyrighted works which are the property of a person or copyright holder, which is called art galleries are taken by the offender without the written consent of the copyright holder. Problems that arise now is how legal protection over the song. The protection provided to the song or music copyrighted works can be done in 2 ways. first, In a preventive way that is protection provided by the government with the aim to prevent the occurrence of violations. And second, Repressively in accordance with the objective to resolve the fold dispute by filing a lawsuit to the Commercial Court. This research includes types of sociological research, which is research by examining its legal aspects to look at legislation and comparing with the implementation on the ground gained by way of surveys. Analysis of the research material in this thesis using qualitative methods, in order to draw conclusions by using deductive methods. Then from the results showed that the entire creation works of song or music produced by Act (UU) No. 28 of 2014 about copyright, all concern parties can prove that his work is his creation, which can be proven by way of registering creations or in any way in accordance with the laws and regulations that govern it. And in the completion of the song is a lawsuit as compensation demands to the Court of Commerce and in the implementation of the rules of criminal law can be made by an authorized investigator, but most of the art galleries of resolving the problem of infringement of his work with the line of non litigation (other than the Court) or in a family.Key Words: Copyright protection - Song - Taking illegally
WANPRESTASI DALAM PERJANJIAN PINJAMAN PADA CREDIT UNION SADA NIOGA DI DESA GUNUNG MERIAH KABUPATEN DELI SERDANG SUMATERA UTARA LOPIANTI BR SEMBIRING; Hayatul Ismi; Hengki Firmanda S
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 7, No 2 (2020): Juli - Desember 2020
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Abstract

The activity of lending and borrowing money has been carried out for a long time in people's lives who recognize money as a means of payment. The lending and borrowing relationship can be made by an agreement between the borrower (debtor) and lender (creditor) as outlined in the form of an agreement. The debt and receivable agreement in the Civil Code can be identified with a loan and borrowing agreement, namely a loan and loan agreement in the form of money on condition that the borrower will replace it with the same amount as when borrowing. Regarding lending and borrowing, it is also stated in Article 1754 of the Civil Code, namely "Lending and Borrowing is an agreement in which one party gives the other party an amount of goods that have been used up, provided that the latter party wants to return the same amount of the same type and quality". In general, the word cooperative comes from the word "Ko" which means together and "operation" which means work, so cooperatives mean working or trying together, the International Cooperative Alliance (ICA) defines cooperatives as follows "Cooperatives are groups of people or body units. whose members jointly help each other by limiting profits and their business must be based on cooperative principles. Credit Union (CU) comes from Latin, namely Crede which means trust and Unio which means association, so it can be interpreted that Credit Union is a movement of associations that trust each other. The Lending Program at CU Sada Nioga itself is also a credit or lending activity that uses low interest. This makes members who are members of the cooperative feel lighter and more confident in increasing their business. Loans made by members will get a loan interest of 2%. However, even though some of these principles have been explained, there are still some members who are negligent in carrying out their obligations. There are eight (8) people who have never made loan installment payments and made negligence as according to R. Subekti, namely "Carrying out what was promised, but not as agreed".Keywords: Default, Loan Agreement, Credit Union
ANALISIS YURIDIS TERHADAP KLAUSULA EKSONERASI PADA PERJANJIAN SEWA MENYEWA SAFE DEPOSIT BOX ANTARA BANK BNI CABANG PEKANBARU DENGAN NASABAH BERDASARKAN ASAS KEBEBASAN BERKONTRAK Artha Vennessa; Hayatul Ismi; Dasrol Dasrol
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 7, No 2 (2020): Juli - Desember 2020
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

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Abstract

A safe deposit box rental agreement is an agreement for the provision of services for storing valuable goods belonging to a tenant which is not prohibited by law in a standard form. The purpose of this Safe Deposit Box rental is to provide tenants with a sense of security from the risk of theft or fire on valuables stored in a safe deposit box. However, in reality the risk of loss, fire, destruction is not covered by the bank as the party providing services as stated in the safe deposit box rental agreement.This type of research can be classified as normative juridical research because this research is conducted by examining secondary data and approaches to legislation. This research examines the principles of law. Sources of data used are primary data, secondary data and tertiary data. The data collection technique used was juridical normative, the data used was literature study.The result of the research conducted by the author is that the responsibility for the loss, damage or change in quality or quantity of SDB storage is entirely borne by the customer. This is not in accordance with the principle of responsibility and consumer protection, where in this lease agreement the bank includes an exoneration clause with the transfer of responsibility. In accordance with the principle of responsibility and article 1365 of the Civil Code, the Bank should provide compensation for losses suffered by customers. Therefore, the government should make laws and regulations regarding agreements, because so far the agreement is still regulated by the Civil Code which is a legacy of the Netherlands and it is necessary to increase customer protection for safe deposit box users in the event of loss of items stored in safe deposit boxes.Keywords: Exoneration Clause, Safe Deposit Box, Responsibility, Consumer Protection Law, Freedom of Contracting Principle.
Perlindungan Hukum Debitur Terhadap Fintech Berbasis Aplikasi Yang Tidak Terdaftar Di Otoritas Jasa Keuangan Provinsi Riau Melly Carolina Bangun; Hayatul Ismi; Hengki Firnanda
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 8, No 1 (2021): Januari - Juni 2021
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

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The development of the digital era of technology in Indonesia is very rapid nowadays, which affects people to be able to access the latest information, and makes it easier for people to complete their work quickly and effectively with the availability of electronic service features. One of the technological developments that has become a trending topic in Indonesia today is Financial Technology (FinTech). In banking itself, it has adopted Financial Technology, which digital banking consists of (Internet Banking, M_Bangking, SMS banking, Phone Banking, and ATM). However, over time, many FinTech Start-Ups have sprung up that offer various conveniences to the public that put banking at risk.This type of research is a sociological juridical research, because the author examines the problems that occur. The research was conducted at the Financial Services Authority of Riau Province, while the population and sample were all parties related to the problems studied in this study, the data sources used, primary data, secondary data and tertiary data, data collection techniques in this study were carried out by interviews. and literature review.Based on the role of the financial services Authority (OJK) in providing legal protection for online loan recipients. With the victims of online loans who don't know what they have to do to get their rights. The OJK Regulation states how the role of the OJK is in providing information, education and also complaint services for people experiencing problems in the banking sector and also in fintech. The thing that makes the author interested in knowing how the role of the Financial Services Authority (OJK) in providing legal protection for online loan recipients is not registered in an online-based loan and borrowing agreement according to the Financial Services Authority Regulation Number 77 / POJK.01 / 2016 regarding lending and borrowing money services based on information technology (OJK Riau Province case study).From the results of research conducted by the author at the Financial Services Authority (OJK) in providing legal protection for illegal online loan recipients in the Online-Based Lending and Borrowing Agreement. Here the role of the OJK is not really felt by its presence in the community regarding information and education by disseminating it to the public about fintech. In the OJK Regulation it is stated that OJK is in charge of providing information, education to the public and providing complaint services to the public. In addition, OJK has also not made a regulation whereby an organizer or lender cannot operate without obtaining a license or permit from the OJK, considering that there are many illegal operators who have not obtained OJK's license but are already operating.Keywords: Financial Technology –Legal Protection – Ilegal Online
TINJAUAN YURIDIS LEGAL STANDING TERHADAP LEMBAGA PERLINDUNGAN KONSUMEN SWADYA MASYARAKAT (Studi Kasus Nomor Perkara 0931/Pdt.G/2015/Pa.Jmb) Helfi Adilah; Hayatul Ismi; Riska Fitriani
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 5, No 1 (2018): Wisuda April 2018
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The Consumer Protection Agency of Swadya Society is an institution thatwas established to help Indonesian consumers in struggle for the rights ofconsumers who have been harmed by the businesses offender, with litigate to thecourt when deliberations between the two sides cannot be solved properly. In ActNo. 8 of 1999 about consumer protection, describes Consumer Protection Agencyof Swadya Society have legal standing in filing a lawsuit, but in practice judgehave consideration to the Consumer Protection Agency of Swadya Society has nolegal standing in filing a lawsuit to the court. It’s certainly make some questionabout legal standing of Consumer Protection Agency of Swadya Society. Thepurpose of this thesis about : first, to analysis legal standing of ConsumerProtection Agency of Swadya Society. Second, to analysis the judgement about thelegal standing of Consumer Protection Agency of Swadya Society.The type of this research can be classified in types of juridical normativeresearch, because in this research the authors use the study material libraries likeofficial documents, books for research, in this study, the data source using theprimary data, secondary data and tertier data, data collection technique on thisresearch is study of librarianship method or documentary studies.The results of this research can be concluded first, based on act No. 8 of1999 about consumer protection, Consumer Protection Agency of Swadya Societycan filing a lawsuit to the Court because the act explained Consumer ProtectionAgency of Swadya Society can filing a lawsuit to the Court for the benefit ofconsumers and the notion of consumers has been regulated in section 1paragraph (2) of act No. 8 of 1999 about Consumer Protection. Second, thejudgements adjudication Number 0931/PDT. G/2015/PA.Jmb has not fulfilledlegal certainty because inaccurate of the judges in deciding the case andinattention on the regulation about Consumer Protection Agency of SwadyaSociety.Author's suggestion, first, expected judges who adjudicate the case ofconsumer protection must pay attention to the applicable regulation especiallyabout legal standing of Consumer Protection Agency of Swadya Society.Secondly, needed regulation about the lawsuit mechanism of legal standing tocreate legal certainty.Keyword : Legal Standing - Consumer Protection Agency of Swadya Society
Co-Authors ', Angelina ', Firdaus ', Suryani , Dasrol , Deviona, , Abdul Rasyid Lukman Siregar Addina ' Ade P Banjarnahor Adiguna, Fajar Adlin Adlin Afni Syafitri Agnes Bella Bonika Agrian Hilmar Alfattah Ainul Mardiah Akbar, Muhammad Fauzi Albinus Siahaan Alifya, Santri Allifa Amelia Allya Eka Nursanty Almadison Almadison Alparon Azwari Amelia, Sri Ayu Anak Agung Istri Sri Wiadnyani Andrian Fertila Annisa Desria Utami Annisya Milenia Ramadhani Artha Vennessa Astri Adillah Aulianti, Yeyen Azhimy, Rais Batu, Debora Angela Lumban Bayu Syafandi Tosmar Bernando, David Charisa Yasmine Christin, Jesicha Maria Cresensia Yohana Saragih Dahnil, Silmia Darnia, Meriza Elpha David Bernando Davit Rahmadan Delfi Aris Wanto Derma, Robby Dessy Artina Dina Saputri Dini Anisa Putri Dito Prananda Emilda Firdaus Epi br Pakpahan Erdiansyah Erdiansyah Evi Deliana HZ Fadhilah, MHD Fakhri, Gusti Randika Farhan, Muhammad Thifal Farhana Halifa Putri Yoza Fazariansyah, Bayu Feblil Huda Ferawati Ferawati Firdaus ' Firdaus Firdaus Firdaus Firdaus Fitriyani Fitriyani Frizka Lystari Limbong Habibur Rahman Handika Iqbal Pratama Hasby Abiyyu Farras Helfi Adilah Helfi Safrita Hendra Pranata Hengki Firmanda Hengki Firnanda Humairah, Shania Hutahaean, Irvan Juanda Ihda Hasbiyati Intan Safiah Ismi, Samaratul Ismina, Tria Jeni Desfa Junita Jessica Olivia Jusma Dona KENNISA MAHARANI Ledy Diana Lestari, Rafida Lidya Destyani Limbong, Frizka Lystari Lisa Novalia Cuyana LOPIANTI BR SEMBIRING M. Shihab Rozi Maida Wahyuni Maimunah, Maimunah Malta, Wahyu Aditiya Maria Maya Lestari Maryati Bachtiar Maryati Bahtiar Mashut Mashut Melia Wulandari Melkisedek Vajar Silaban Melly Carolina Bangun Mercy Yuliana Sitompul Mesy Yulandari Mifta, Sarah Monarchi, Try Krisna Mudinillah, Adam Muhammad Danel Muhammad Nadhif Syauqi Abrar Muhammad Septiardana Muhammad Valgunadi Mukhlis Mukhlis Mukhlis R. Musliadi, Ricki Naim, Putri Nancy Roseline Manurung Nella Elmata Lia Ningrum Susilawati Ningrum, Ika Sulistya Nini Saputri Nofrizal Nofrizal Nofrizal Nofrizal Nst, Sri Rahmayana Br Nur Aminah Harahap Nurul Izzayu Oktaviani Aswar P. Eko Prasetyo Pebi Ikasari Tarigan Philipus F. Manik Purwoko, Agus Putri Annisa PUTRI ANNISAH Putri, Indah Perdana Putri, Yunda Agusti Rafida Lestari Rahmad Hendra Rahmad Hendra Rahman Saleh Rahman, Danang Sugandi Rahmat Marianus Sidabutar Ranti Oktaviana Rasyid Anbari Raudatul Adawiyah Nasution Ravienda Purnama Retno Nurul Yaumi Ridho Alamsyah Rifqianda, Rentri Rio Rizky Ramadhan Risa Irfaneni Riska Fitriani Rismadefi - Woferst Rizki Pratama Robby Derma Roberto Tarigan Ronauly Sijabat dkk. Roulina Matanari Sabrena Sukma Said Muhammad Iqbal SAIFUL ANWAR Saleh, Rahman Samuel Aprianto Samuel Pakpahan Sarah Salsabiila sari, Ayu Frizcha Setia Putra Shanti Fitriani Sidabutar, Rahmat Marianus Sijabat, Sandro Imanuel Silaban, Adi Putra Silmia Dahnil Simbolon, Tuppal Parasian Sinaga, Butet Tiara Siska, Nia Situmorang, Agnes Fernadesta Sri Indah Lestari A.S Suarsanti, Devi Suci Fitriani, Suci Suhardi Suhardi Sulik Rahayu Sunggu, Elisa P Op Suryani ' Susilawati, Ningrum Syusnia Rahmah Tanaya Annisa Putri Taramadina, Nivia Tengku Arief Theresia Evelina Tommy Christian Silalahi Triani, Yeni Ulfia Hasanah Utami, Lisa Putri Vira Santika Wahyu Hafzi Wahyuni, Maida Wan Nishfa Dewi Weni Hartanti Wira Wijaya, Ryan Nugraha Wook, Izawati Yarmalis, Yogi Yeni Kusumawaty Yenni Kusumawati Yeremia Gea Yerikho Alexandre Yoga Saputra Yohana Angelia Sihaloho Yulia Pratiwi Zulfikar Jayakusuma Zulfikar Zulfikar Zuliantika, Ananda Zulkifli Zulkifli