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All Journal Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum JOURNAL EQUITABLE Al-Adl : Jurnal Hukum Unri Conference Series: Community Engagement Community Empowerment Jurnal Hukum Lex Generalis Jurnal Ilmiah Wahana Pendidikan Balobe Law Journal Jurnal Pengabdian Sumber Daya Manusia PATTIMURA Legal Journal Jurnal Ilmu Hukum Riau Law Journal SEIKAT: Jurnal Ilmu Sosial, Politik dan Hukum Kreativitas Pada Pengabdian Masyarakat (Krepa) Jurnal Manajemen, Ekonomi, Hukum, Kewirausahaan, Kesehatan, Pendidikan dan Informatika (MANEKIN) Soedirman Law Review SEIKAT: Jurnal Ilmu Sosial, Politik dan Hukum Karya Nyata: Jurnal Pengabdian Kepada Masyarakat
Zulfikar Jayakusuma
Fakultas Hukum Universitas Riau
Religion Agriculture, Biological Sciences & Forestry Arts Humanities Computer Science & IT Economics, Econometrics & Finance Education Energy Environmental Science Law, Crime, Criminology & Criminal Justice Public Health Social Sciences Other

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ANALISIS YURIDIS KERUSAKAN DONBASS ARENA STADIUM DALAM KONFLIK BERSENJATA NON-INTERNASIONAL DI UKRAINA DALAM PERSPEKTIF HUKUM HUMANITER Chairul, Dahril Darmawan; Jayakusuma, Zulfikar; Putri, Adi Tiara
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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Abstract

Humanitarian Law provides legal protection against civilian objects in international armed conflicts and non-international armed conflicts. However, in practice the legal protection is still being violated by one of the conflicting parties causing damage to civilian objects, as happened to Donbass Arena Stadium in non-international armed conflict in Ukraine.The purpose of this thesis is to find out the provision of International Humanitarian Law in non-international armed conflict especially the destruction of civilian objects and to find out the destruction of Donbass Arena Stadium in non-international armed conflict in Ukraine is the violation on International Humanitarian Law.The attack on civilian objects in non-international armed conflicts is seen as a violation of the rules of jus in bello, in which violation of the in bello juice is seen as a war crime. The destruction of Donbass Arena Stadium in non-international armed conflict in Ukraine is the violation on International Humanitarian Law and the provisions of the relevant Humanitarian Law for the destruction of Donbass Arena Stadium the essensially lies in the responsibility of the state, in other words, Ukraine as a State party to the Second Protocol II Amendment CCW 1996, is obliged to make national laws and administer legal proceedings against any violations that occurred when the armed conflict took place in his country.Keyword: Civilian Objects – Damage-Ukraine-Donbass Arena Stadium
Kajian Yuridis Batas Waktu Tinggal Pengungsi Di Negara Transit Berdasarkan Hukum Pengungsi Internasional Pangestu, Devin Catur; Jayakusuma, Zulfikar; Putri, Adi Tiara
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 6, No 2 (2019): Juli - Desember 2019
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Abstract

Migration has a long history that concists of many motives. Migration flow phenomenon are gettingworse by political conflicts in some of the Asian and African countries. The migrant often to be called asrefugees. The migration process that has been done are not obedient according to migration acts or theillegal migration could cause threat towards sovereignity, security, social life, and economy even it couldcause threat towards a nation’s ideology. From this problems background, there are issues which are first,how is the International Refugee Law regulate the living duration standards in the transit state? Secondly,how is the application of the regulation minding the living duration standards for refugees in the transitstate? The purposeof this thesis is to acknowledge the living duration standards according to InternasionalRefugee Law and to understand the living duration standards in transit state.The research conducted can be classified as legal-normative methode. This research is specified on theapplication of non-refoulement pricipal also the law systematic towards convention and regional regulation.Concluded from this research, first, the regulation related to living duration standards for refugees inthe International law is yet not confirmed in Geneva Convention 1951. Although, regional regulation.Secondly, the application of living duration standards in the transit states are having few problems,commonly caused by the unregulated issues related to living duration standard. Refugees are considered asillegal immigrants, and that is why they were located in certain place and they could not get their way out(detention).Keywords: Refugees-Transit State-Living Duration Standards
PELAKSANAAN PEMBERIAN HARTA PENCAHARIAN KEPADA ANAK KEMENAKAN MENURUT HUKUM ADAT SUKU PALIANG DI DESA PASAR BARU KECAMATAN PANGEAN Merigo, Tri Ipo; Jayakusuma, Zulfikar; Hasanah, Ulfia
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 6, No 2 (2019): Juli - Desember 2019
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Abstract

The existence of customary law in the community is a reflection of the life of the community and in each region has a different customary law in accordance with the customs that exist in the area with characteristics not written or codified. Likewise the customs in Pangean, have special characteristics and are different from customs in other Regions. The difference is in the distribution of inheritance which often triggers conflict in the family, especially on the name of the nephew in the list of beneficiaries inherited from the parents' livelihood. Therefore, the formulation of the problem of this thesis writing is: First, how is the distribution of livelihood assets to nephew children according to the customary law of the Paliang tribe in Pasar Baru Village, Pangean District? Second, how is the protection of children's inheritance rights over the distribution of livelihood to nephew children in the Paliang tribe in Pasar Baru Village, Pangean District?This type of research can be classified as empirical or sociological legal research, because in this study the writer directly conducts research at the location or place of study in order to provide a complete and clear picture of the problem under study. This research was conducted in Pasar Baru Village, Pangean District. Sources of data used, namely: primary data, secondary data and tertiary data. Data collection techniques in this study were interviews and literature review.The conclusions from the results of the study, first, the Law of Islamic Inheritance in perfect quality already applies in the Paliang tribe but in terms of quantity has not been evenly distributed across all Muslims. The parties who receive the inheritance in the Paliang indigenous tribe are biological children, wives and nephews. The method of ownership of inheritance in the Paliang tribal tribe is determined by the ulema of the ulama and customary stakeholders. Second, the protection of children's inheritance rights over the distribution of livelihoods is not realized and achieved. Because the Paliang tribe mentioned referring to Islamic law if it was not in accordance with Islamic law, it was not customary, but in Pasar Baru Village, ruled out Islamic law, so that the inheritance rights of children towards the distribution of livelihoods were simply ignored. This means that the division of livelihoods in the Paliang tribe is not in accordance with applicable regulations, and of course a prolonged conflict will occur. In addition, the customary provisions, namely as a child, get a 2/3 portion of all inheritance assets and the nephew gets a 1/3 portion of the total inheritance causing no legal protection of the inheritance rights of children. The author's suggestion is that it is expected that the ulama and traditional leaders can realize the function and existence of each so that the community can truly understand the Islamic knowledge contained in the distribution of inheritance to the treasure of search in the Paliang Tribe and can be practiced in daily life by the community.Keywords: Distribution of Livelihoods - Paliang Tribe - Pasar Baru Village, Pangean District
ANALISIS HUKUM PELAKSANAAN PEMBIAYAAN TALANGAN UMROH BERDASARKAN AKAD IJARAH DALAM PERJANJIAN PEMBIAYAAN UMROH DI PEKANBARU Firmansyah, Doni; Jayakusuma, Zulfikar; Fitriani, Riska
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 6, No 2 (2019): Juli - Desember 2019
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The presence of one of the financing institutions, namely consumer finance companies in Indonesia today, especially in the city of Pekanbaru is inseparable from the problem of secondary needs that must be met by every member of the community. This consumer finance company is very helpful to ease the burden of consumers when compared to business transactions in the form of cash or cash. With the interest and needs of the community to perform Umrah but have limited funds, this Umrah bailout product is one solution. This Umrah bailout product has a great opportunity because the population of Indonesia is a majority of Muslims and supported by optimal marketing.PT Bess Syariah is one of the financial institutions in the city of Pekanbaru.This type of research can be classified in the type sociological juridical research. The research was conducted at PT Bess Syariah in pekanbaru city. Sociological law research uses primary data and secondary data,while population and sample are the parties related to problem studied in this research. Technique of collecting data in this research by interview and literature study. From the results of the problem research there are three points that can be concluded first. The regulation on umrah financing based on the ijarah principle is regulated based on the DSN-MUI no. 9 fatwa on ijarah financing, but there are still differences of opinion among the ulama regarding the halal law. issued PMA No. 8 of 2018 concerning the implementation of Umrah pilgrimage services which had banned the financing of the bailout. Second, the Umrah bailout financing carried out by Pt. Bess Syariah does not fully implement sharia principles based on the provisions in the DSN_MUI No 19 fatwa regarding ijarah financing as evidenced by the use of collateral objects which are not regulated in the MUI fatwa. Third, the parties who are still committing violations can be subject to sanctions contained in article 41 paragraph (1) PMA No. 8 of 2018, which says "PPIU that violates the provisions referred to in Article 12, is subject to written warning sanctions", in paragraph (2) " PPIU which repeats violations as referred to in paragraph (1) shall be subject to sanctions for suspension of operating licenses no later than 2 (two) years ".Keywords: Financing, Ijarah
PENERAPAN SANKSI PIDANA TERHADAP PELAKU TINDAK PIDANA PEMALSUAN MATERAI OLEH PENGADILAN NEGERI PEKANBARU Prayudi, Arga; Jayakusuma, Zulfikar; Elmayanti, Elmayanti
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 6, No 2 (2019): Juli - Desember 2019
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Abstract

Stamp duty has an important meaning in society, that is with stamp duty, the stamped letter specified by the Act becomes a valid letter, meaning that without stamp duty as a certificate, for example a power of attorney, it is unaccepted as a valid authorization. Likewise in court proceedings, new letters can be used as a means of proof if stamped with those determined by the law. Stamp counterfeiting is detrimental to the government because stamp purchases are a kind of tax and stamp forgery results in a reduction in the state taxex.This research is a sociological legal research that is research that wants to see the unity between law and society with the gap between das sollen and das sein. This research was conducted at the Pekanbaru District Court, while the population and sample were all parties related to the issues examined in this study, the data sources used, primary data, and secondary data, the data collection techniques in this study were conducted through literature review interviews.in this thesis, three things that can be concluded. First, the application of sanctions against stamped offenders by the Pekanbaru District Court. Second, the factors which become obstacles faced in the application of criminal sanctions by the perpetrators of falsified criminal acts. Third, the efforts made in overcoming obstacles to the imposition of criminal sanctions against perpetrators of stamp fraud by the Pekanbaru District Court.Keywords: Application of Sanctions - Stamp Counterfeiting Criminal Acts
Implikasi Prinsip Exhaustion Terhadap Sengketa Impor Paralel Merek Dagang (Trademark) Dhiaulhaque, Nada; Jayakusuma, Zulfikar; Putri, Adi Tiara
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 6, No 1 (2019): Januari -Juni 2019
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Marks is a name and/or symbol that is used by a company that has been developed by the companyto symbolized their reputation and to placed their products in the market. Lately, in the revolution oftrading, one of the problem that are oftenly happens are parallel imports. Parallel imports is a confusingoccurance, in one hand it is a distribution of original products the other hand its distribution is notpermitable by the intellectual property rights holder and/or licensor. Parallel imports occurs ininternational trade and it is hard to solve it, every state has their own “exhaustion of rights”.This research used a normative research methode, it’s starting points begins from the lawperspective field (textual), with identifying to its formulable norm. This research is descriptive research todescribe the actual event when the research was held, through collecting data and interpretated one anotherso it will give a proper formula and analysis to the existing problem. The data source is secondary soucethat consist of primary material, secondary material, and tertier material.From this research we can conclude, first, exhaustion of rights that occur within the article 6 ofTRIPs always become the loophole for the parallel imports defendants, with the exhaustion of rights withinthis upnormal situation, it could give a long-term effects to the product that are effected by the parallelimportation. Starting from the reduced investment, hampered innovation, goodwill contaminated, also therapid development of channels of parallel import of sheltering the perpetrators behind article 6 TRIPs.Secondly, exhaustion of rights that is happening within every state would be different in their application.This depends on what kind of “exhaustion” they’re using. The exhaustion of rights also affect how theintellectual property rights holder exclusive right and/or the licensor in controlling of their products.Keywords : Parallel Imports, Trademark, Exhaustion of Rights, Exclusive Right, Intellectual Property Right.
ANALISIS YURIDIS TENTANG PEMBEBANAN PERTANGGUNG JAWABAN PIDANA YANG DILAKUKAN KORPORASI Hidayahtullah, Yusuf; Jayakusuma, Zulfikar; R, Mukhlis
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 7, No 1 (2020): Januari - Juni 2020
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Abstract

Forest and land fires that occur in the community or in other institutions such as Corvation often occur during the dry season, so that it is affected by individuals who improve land that is expected to save the lives of people who cause the disease. This type of research finds juridical research normative, because in this study the authors used literature studies. The data source that I use, primary data, secondary data, and tertiary, data merging techniques, in this study is to replace studio studies of the study of books, literature, notes and reports that relate to the problems that the authors examine. From the results of the study the problem of two main things that can be concluded. First, what is the determination of determining the payment of liability for the land and forest acquisition. Second, how is the liability of the sentence carried out by the company in the event of a vacancy? Authors' Suggestions, firstly Based on article 49 of Law Number 41 Year 1999 Concerning Licensing Related Rights or Permits responsible for forest fires in the area taken over, according to the case of PT Wahana Sumber Sawit Indah (WSSI) responsible for forest and land fires caused by negligence / neglect is not the business of H Thamrin Basri who is considered as the company's leader. PT Wahana is a source of beautiful palm oil Siak district responsible for the company is the company responsible for the company handling the vacancy of the company responsible for the assistance submitted by Mr. Thamrin Basri whose responsibility is not on target. Keywords: Criminal Liability Conducted by the Corporation
KEBIJAKAN HUKUM PIDANA TERHADAP ANAK SEBAGAI KORBAN TINDAK PIDANA PORNOGRAFI Shasri, Nadia Rachel Dwinanda; Jayakusuma, Zulfikar; Rahmadan, Davit
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 7, No 1 (2020): Januari - Juni 2020
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Pornography is a crime that is privacy in violation of Human Rights (HAM), especially the rights of children (right of child). Required application of criminal law policies so that the legal protection of children as victims of criminal acts of pornography can be implemented properly.This type of research used in writing this law is normative legal research that focuses on principles by formulating legal principles, both from social data and from positive written legal data. The legal principle that is used is the principle of justice regarding criminal law policies against children as victims of pornography that affects positive law in Indonesia.The results of this study are criminal law policies against children as victims of criminal acts of pornography, there must be a renewal of criminal law by applying the principle of restorative justice to children as victims of fair treatment and for perpetrators to be carried out rehabilitation of lawbreakers aimed not at retaliation. Legal protection applied to children as victims of pornography is still unable to accommodate the interests of children as victims. Legal protection given to children as victims must be able to restore the welfare of children as victims, be able to repair the damage that occurs both in terms of physical and psychological children as victims, and require the offender to contribute to the improvement by giving victims the right to receive compensation and restitution and protect it from being a victim again.Keywords: Criminal Law Policy - Children - Victims - Pornography
KEBIJAKAN HUKUM PIDANA TERHADAP PENANGGULANGAN TINDAK PIDANA PENYELUNDUPAN MANUSIA DI INDONESIA Gusniardy, Raja Thesa; Jayakusuma, Zulfikar; R, Mukhlis
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 7, No 2 (2020): Juli - Desember 2020
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People smuggling is transnational organized and has had a negative impact onvarious countries as Indonesia's transit. People smuggling is an additional problem inaddition to the immigration problem, and is still increasing the funds needed to tacklethe problem of people smuggling in Indonesia, or what is known as a crime policy.The purpose of this thesis discussion, namely: First, to find answers to currentlegal policies in the handling of criminal acts of people smuggling in Indonesia. Second,to find the concept of struggle that can be proposed in the renewal of legal policiesagainst the prevention of people smuggling in Indonesia. This type of research used inthis study is normative legal research. Data sources used are secondary data sourcesobtained from the literature, including published official documents, books, legaljournals and so on.From the results of the study, it can be concluded the main thing. First, the legalpolicy in tackling the crime of people smuggling in Indonesia is still a lot of weaknesses.Article 120 of Law Number 6 of 2011 concerning Immigration has not been able tocover all aspects of handling human smuggling. Secondly, the concept that can beagreed upon in legal reforms in dealing with acts of people smuggling in Indonesia isby establishing laws and regulations governing people smuggling in order to securelegal certainty (the principle of legality) in Indonesia.Keywords: Criminal Law Policy - Prevention - People Smuggling
TINJAUAN HUKUM INTERNASIONAL MENGENAI SERANGAN UDARA DI BANDAR UDARA INTERNASIONAL BAGDAD JANUARI 2020 Afandi, Muhajir; Jayakusuma, Zulfikar; Diana, Ledy
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 7, No 2 (2020): Juli - Desember 2020
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One of the most important purpose of the United Nations establishment isto maintaining the international peace and security through the prohibition on theuse of force among states to settle their problem which has been enshrined underUnited Nations Charter (UN Charter). One of the exceptions for states to use theirforce is in the situation of self-defense against the prior attack directed againstvictim state under Article 51 of the UN Charter. Despite the prohibition provisionunder UN Charter, there are still violations to this provision by states, veryrecently was the attack directed against Baghdad International Airport in Iraq byUnited States on the basis of self-defense however the condition defined in theArticle 51 of UN Charter was not fulfilled hence it made United StatesConduction Estabilshed the nature of violation to the Article 2(4) of UN Charter.The type of research carried out through normative-juridical researchwhere this research is conducted on the basis of legal principles which startedfrom certain written authorities as well as priorly identifying the provisions thathas been enshrined in certain law. In this study, the data sources used weresecondary data with primary, secondary and tertiary legal materials cerried outby the library research means.The results obtained through the research proves that, firstly, that theUnited States attack against Baghdad International Airport of Iraq constitutes aviolation to the non use of force obligation, constitutes an act of Agressionfurthermore the violation of good faith principle towards UN Charter and theAgreement Between the United States of America and the Republic of Iraq.Secondly, the ‘Self-Defense’ Basis by United States Government could not bedeem lawful as the condition under Article 51 nor the condition under ‘CarolineTest’ was never fulfilled.Keywords : UN Charter – Use of Force – Pacta Sunt Servanda – Self-defenseby States
Co-Authors , Dasrol ., Elmayanti Abdi Afriando Adela Putri Maharani Adhelfy Prabas Adi Tiara Putri Adi Tiaraputri Aditiara Putri Aditya Wahyu Tiaraputri Afandi, Muhajir Aftahul Jefran Alde Karunia Syarvi Ali Syobri An Nisaa Mujahidina Andi Hijrah Uswatoen Khasanah Andrikasmi, Sukamarriko Angga Alfonsus Sihotang Angga Hijrahtul Mufit Anisa Hijrani Anistasya Febriani Annisa, Ade Rizki Annum Satya Rahmah Harahap Ardiansyah, Andri Ariq Febrian Arya Syafandu Riesta Asri Qhornelis Putri Atikah Muna Aulia Purnama Ramadhan Bagas Aryo Seno Putra Bagaskara Dwi Wardhani Balqis Sakinah Bantala, Adam Yulyan bayu saputra Berry Aryakusuma Celfi Anggryani Chairul, Dahril Darmawan Dahniati, Dahniati Darnia, Meriza Elpha David Herlambang Davit Rahmadan Davit Rahmadan Davit Rahmadhan Dessy Artina Dhiaulhaque, Nada Diana Octavia Situmeang Dino Setiawan Duwi Cut Diana Putri Elmayanti, Elmayanti Emilda Firdaus Erdiansyah Erdiansyah Erdianto Effendi Ersya Putri Saujani Evi Deliana HZ Fani Yolandri Farhan Muhammad Aziz Fendra Rizaldy Pratama Ferawati Ferawati Ferawati Ferawati Ferdi Juniawan Erga Fifi Fazilah Firdaus Firdaus Firdaus Firmansyah, Doni Fitria Yolanda Sofni Ghaitsa Rahma Glien Excell Julio Marshanda Grace Blessinka Gusliana HB Gusniardy, Raja Thesa Hamzah Hamzah Haris Vivera Simatupang Heltina Wati Sitorus Hengki Firmanda Hengki Purnata Hidayahtullah, Yusuf Hilman Haripal Hurul Aini Iga Arsita Ilham Azhari Ilma Rama Dona Indah Apriliani Indah Septipah Indah Tri Wisesha Ismaeri, Randy Isnal Hevi Ivan Marcelino Barus Jerry Wan Beckam Juanda Hasanuddin H Junaidi Junaidi Khairul Bakri Kuntum Khaira Ummah Ledy Diana M. Sobirin Hafiz Ar-Rizqi M.Aidil Akbar Maghfira Dwi Adisti Manurung, Hadonia Lazarus Maria Maya Lestari Merigo, Tri Ipo Mexsasai Indra Muhammad A. Rauf Muhammad Hafiz Muhammad Naufal Asshidiqie Muhammad Naufal, Muhammad Muhammad Rusdiansyah Mukhlis R Muthiya Mutiara Rizkia Nadya Marva Aneila Nanda Erlangga Pranata Nathaniel Adianta Rim Manurung nudirwan, wawan Nufus, Aulan Nurahim Rasudin Nurdianti Nurdianti Nurdianti Nurdianti Ocy Ananda Erica Oktanika, Edward Pangestu, Devin Catur Pranata, Dendy Prayoga Darsa Prayudi, Arga Puti Jasmine Putra, Rian Dika Putri Azelianda Syaren Putri Damayanti Putri, Adi Tiara Putri, Adi Tiara Rabby, Nur Azizah Rahma Febiola Rahmad Hendra Rahmani Fitriah Rahmawan Mulya Sanah Rahmi Putri Raka Wahyudi Abdurrohim Rany Angraini Regyna Putri Willis Rika Lestari Riska Fitriani Riska Mawarni Rizka Aprilia Rizka Azzahra Robet Chandro Wijaya Sibuea Rovandie, Rio Sabrina Threcia Sabrina Tio Larisha Marpaung sakti, Laras Salma Kemala Salsa Annisya Anggraini Sarah Doviola Sipangkar Separen, Separen Septiani, Kartika Shasri, Nadia Rachel Dwinanda Shofa Rizkina Pratiwi.A Sitompul, Melani Aronica Maya Sari Br. Sopiandi Pakpahan Sri Divia Bella SULISTIANI SULISTIANI Surya, Evelyn Syaiful Waliyadin Syerin Aurellia Tengku Mega Rahmadini Tiffani Ramalia Putri Ulfa Shabrina Ulfia Hasanah Utin Rahmah Indah Pratiwi Wahyu Okta Prasetyo Wahyuni, Rani Sri Widia Edorita William Joshua Sinaga Windy Aprila Wiraya Aidiliya Utama Yayan Saputra, Yayan Yesi Fitri Indriani Yolan Indrayani Yolanda Pramandika Yuli Maharani Zainul Akmal Zulwisman, Zulwisman