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PENEGAKAN HUKUM TINDAK PIDANA PEMBUANGAN LIMBAH KAPAL BERDASARKAN UNDANG-UNDANG NOMOR 32 TAHUN 2009 TENTANG PERLIDUNGAN DAN PENGELOLAAN LINGKUNGAN HIDUP DI WILAYAH HUKUM KEPOLISIAN RESOR SIAK Feri Feri; Zulfikar Jaya Kusuma; Erdiansyah Erdiansyah
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 6, No 2 (2019): Juli - Desember 2019
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

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One of the environmental pollution is water pollution through rivers, and one of the factors is wastedisposal by ships on the Siak River. The level of pollution of the Siak River, is increasingly worrisome. TheSiak River has been proven to be polluted but the Environmental Criminal Law Enforcement on the SiakRiver has not run optimally. The police in terms of enforcement is still slow, because law enforcementofficers carry out their duties if there are reports from the media. Meanwhile in Indonesia there is anindependent supervisory institution whose function is to supervise and the institution is the Office of theEnvironment of Siak Regency and the Police of Siak Resort. The purpose of this thesis, namely First to findout the law enforcement of criminal acts of ship waste disposal in the jurisdiction of the Police of SiakResort. Secondly to find out the obstacles in law enforcement of criminal acts of ship waste in thejurisdiction of the Siak Resort Police. Third, to find out the efforts made to overcome the legal barriers tocriminal acts of vessel waste disposal in the jurisdiction of the Siak Resort Police.This type of research can be classified in the type of sociological research. The research locationsare the Siak Regency Environmental Office and the Siak Resort Police. The data sources used are primarydata and secondary data. Data collection techniques are interviews, questionnaires and literature review.After the data collected is then analyzed qualitatively by using the deductive method, namely drawingconclusions from things that are general to things that are specific.From the results of the study there are three main things that can be concluded. First, theenforcement of environmental criminal law by the Environmental Service (DLH) and the Siak Resort Policetowards perpetrators of environmental destruction and pollution is carried out in a pre-emtive, preventiveand repressive manner. The two problems faced by the TIPITER Unit of the Siak Resort Police are in theenforcement of environmental criminal law where internal and external constraints have been found. Thethree efforts made by the TIPITER Unit of the Siak Resort Police and the Siak Regency EnvironmentalAgency (DLH) are supposed to overcome obstacles both internally and externally.Keywords: Environmental Pollution - Law Enforcement - Siak River

PENEGAKAN HUKUM TERHADAP PELAKU PENGGADAIAN MOBIL SEBAGAI OBJEK JAMINAN FIDUSIA DI WILAYAH HUKUM POLRESTA PEKANBARU Zainal Abidin; Zulfikar Jaya Kusuma; Elmayanti Elmayanti
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 6, No 2 (2019): Juli - Desember 2019
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

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Car Mortgage as an Object of Fiduciary Guarantee is a fight that occurs in the community, because the increasing needs of the community are not comparable to the economic need to buy contingents related to goods, such as cars. How do you raise questions about how to create existing fiction? Mortgage car as an object of fiduciary security in the background by economic factors or personal needs that are not fulfilled so as to make the deviant relationship. Car pawning events as objects Fiduciary collateral does not happen a little to get a big profit and harm many others. However, until now the law enforcement of the sentence of car lifts as an object of fiduciary guarantee each year shows an increase in numbers. This type of research is sociological legal research, because in this study the author immediately conducts research at a location or place that is researched to provide complete bases and explains about the Pekanbaru City Police, as well as research and research related to research related to the problems discussed in the research this, the data sources used, primary data, secondary data and tertiary data, data collection techniques, in this study with interviews and literature studies. From the results of the research problem two main things that can be concluded. first, law enforcement on the protection of car pawning as an object of fiduciary collateral in the jurisdiction of Pekanbaru Police. The two challenges encountered in law enforcement against the pawning of cars as objects of fiduciary collateral by the Pekanbaru City Police Resort are various internal factors and external factors. Advice from the author, first, Seharausnya, law enforcement, law enforcement, prevention, participation Increased intensity by making a special team in following up that is not corporative. the police must be more active in terms of law enforcement, not only asking the creditors to enforce the law. The authorities should ask for greater coverage to reveal who gave the false identities contained in the report. The responsible party can reveal its identity can be revealed and cannot be released by inhaling fresh ingredients.Keywords: Law Enforcement-Against Carriers as Carriers of Fiduciary Assurance

PENYELESAIAN SENGKETA PERJANJIAN KERJASAMA ANTARA PT. SAFARI RIAU DENGAN KOPERASI TERANTANG JAYA MANDIRI DESA TERANTANG MANUK KECAMATAN PANGKALAN KURAS KABUPATEN PELALAWAN Tengku Indira Larasati; Zulfikar Jaya Kusuma; Dasrol Dasrol
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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The government in the context of plantation management has directed its attention to increase the productivity of plantation management through partnership patterns. People who have low education who as a whole do not understand what and how the pattern of partnerships and lack of understanding in legal and management knowledge do not rule out the possibility of causing irregularities in a partnership agreement for the benefit of the core company, as happened at PT. Riau Safari. PT. Safari Riau as a partner of oil palm farmers should build a reciprocal relationship as a mutually beneficial partner. The partnership agreement that should have been mutually beneficial in the development cooperation and management of oil palm plantations caused polemic problems that resulted in a dispute between PT. Safari Riau and Koperasi Terantang Jaya Mandiri.This study aims to determine the rights and obligations of a cooperation agreement between PT. Safari Riau and the Koperasi Terantang Jaya Mandiri and the resolution of the dispute in the development and management of palm oil in Terantang Manuk Village, Pangkalan Kuras District. This research is an analytical descriptive empirical study. Data collection techniques carried out using primary data and secondary data. The results showed that 1) Rights and obligations of PT. Safari Riau and Koperasi Terantang Jaya Mandiri in the Palm Oil Development and Management Cooperation Agreement in the Terantang Manuk Village in Pangkalan Kuras Subdistrict, namely the company's rights as a manager and to finance the development and management of oil palm on the land of Kop-TJM members by providing experts for the development and management of plsama and providing technical guidance and job training to all workers and members. Kop-TJM is required to repay loans and will not sell or transfer ownership rights to plasma plantations without company approval. The rights of Kop-TJM members are obtained from the FFB sales revenue distributed monthly based on a percentage of FFB sales revenue. 2) Settlement of Disputes between PT. Safari Riau with the Terantang Jaya Mandiri Cooperative in the Development and Management of Palm Oil in the Terantang Manuk Village, Pangkalan Kuras District has been carried out through several stages, namely the stages of negotiation, conciliation and mediation. PT. Safari Riau with the Koperasi Terantang Jaya Mandiri in the Development and Management of Palm Oil in the Terantang Manuk Village, Pangkalan Kuras District continued until the court's verdict.Keywords: Settlement of Disputes - Cooperation Agreements – Cooperatives

SANKSI ADAT TERHADAP PERKAWINAN SESAMA ANAK TIRI DI NAGARI CANDUANG KOTO LAWEH KABUPATEN AGAM SUMATERA BARAT Ory Kartika; Zulfikar Jaya Kusuma; Riska Fitriani
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 6, No 2 (2019): Juli - Desember 2019
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

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Marriage is an inner bond between a man and a woman as husband and wife with the aim of forming a happy and eternal family or household based on the Godhead. Not all marriages can be held even though the marriage has met the harmonious terms and conditions specified. Just as the marriage that took place in Nagari Canduang Koto Laweh is done by a fellow stepchild or stepbrother where the marriage is prohibited by the customs prevailing in Nagari Canduang Koto Laweh.Some of the issues that will be discussed in this thesis are: First, how the Minangkabau customary law regulates the marriage of stepchildren and the development of marital institutions. Second, how are the traditional sanctions on the marriage of fellow stepchildren in Nagari Canduang Koto Laweh, Agam Regency, West Sumatra. The type of research used is sociological research in the form of research on legal identification (unwritten law).Based on the results of this study it can be concluded that: First, the Minangkabau customary law which applies in the Canduang Koto Laweh village does not allow the marriage of fellow stepchildren because it has not happened before and is usually done by the people in Canduang nagari. Secondly, Niniak Mamak and the local community provide some sanctions to those who carry out the marriage because they have violated the prevailing customs.The advice that can be given is that in the future there will be no more traditional violations such as the marriage of fellow stepchildren or marriages made with stepbrothers in Nagari Canduang Koto Laweh so that the customs in Nagari Canduang remain upheld by the people in Nagari Canduang and sanctions are given explicitly to those who violate adat so that they are not imitated by other communities.Keywords: Customary Sanctions, Stepchild Marriage, Nagari Canduang Koto Laweh

LARANGAN PERNIKAHAN SESUKU SEKAMPUNG SEPUCUK ADAT DIKENAGARAIAN AIA MANGGIH KABUPATEN PASAMAN SUMATERA BARAT Aci Lovita Sari; Zulfikar Jaya Kusuma; Ulfia Hasanah
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 6, No 2 (2019): Juli - Desember 2019
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

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Custom is a reflection of the personality of a nation, is one of theincarnations of the soul of the nation concerned from century to century. For thepeople of Indonesia, the law that becomes the benchmark for behavior iscustomary law. Customary law is considered as a rule of life to achieve peace insociety. One of the rules in customary law is marriage.Marriage is a spiritual bond between a man and woman as husband andwife with the aim of forming a happy and eternal family based on the Godhead ofthe Almighty. However, not all marriages can be carried out even though theyhave fulfilled the agreed terms and conditions. In Kenagarian Aia M Advanced,Pasaman Regency, West Sumatra, there was a prohibition on marriage to atribe as a traditional village. The existence of this prohibition is caused by severalfactors and also some very bad effects for the perpetrators, families and even theirdescendants later. The formulation of the problem in this thesis, namely: First,what are the factors causing the prohibition of marriage to a tribe of a village inthe Kenagarian Aia M Advanced Pasaman Regency, West Sumatra? Secondly, arethere any limits on the level of heredity for the prohibition of marriage to a tribeof a tribe in Kenagarian Aia M Sophisticated, Pasaman, West Sumatra?This type of research used is a type of sociological juridical research,because in this study directly conducted research at the site in order to provide acomplete and clear picture of the problem under study. This research wasconducted in Kenagarian Aia M Advanced Pasaman Regency, West Sumatra,while the population and sample were all parties concerned with the problemsexamined in this study, the data sources used, primary data, secondary data andtertiary data, data collection techniques in this study with interview and literaturestudy. From the results of the study, there are three main things that can beconcluded..Keywords: Sesuku Marriage, Prohibition

ANALISIS YURIDIS STRICT LIABILITY SEBAGAI PERTANGGUNG JAWABAN PIDANA KORPORASI TERHADAP DUMPING LIMBAH B3 KE MEDIA LINGKUNGAN BERDASARKAN UNDANG – UNDANG NOMOR 32 TAHUN 2009 TENTANG PENGELOLAAN DAN PERLINDUNGAN LINGKUNGAN HIDUP Ganda Martunas Sihite; Zulfikar Jaya Kusuma; Davit Rahmadan
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 6, No 2 (2019): Juli - Desember 2019
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

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The principle of strict liability is criminal liability which is charged tothe perpetrators of criminal acts with no errors. In its development, the regulationis always associated with environmental laws. In Indonesia, the principle of strictliability is contained in the provisions of Law Number 32 of 2009 concerningManagement and Environmental Protection in article 88. Implementation of lawenforcement against B3 waste dumping by corporations often causes injusticeagainst the community as victims. This departs from the understanding of lawenforcers who do not apply the principle of absolute liability (strict liability) aswell as an understanding of these principles which must be straightened outespecially with regard to articles and paragraphs a quo which are easilyinterpreted incorrectly.This research is a normative legal research that is research thatexamines secondary material or based on standardized rules that have beenrecorded whose scope of discussion is about legal principles, namely the principleof geen straft zonder schuld, and the principle of benefits; caution, justice listed inthe provisions of article 2 letters e, f, and g of UUPPLH-2009. So it is clearly andin detail illustrated the problem to be studied. Data sources used are secondarydata sources consisting of primary legal materials, secondary legal materials, andtertiary legal materials. Data collection techniques used by the literature reviewmethod.From the results and discussion that have been reviewed, the criminalliability for the B3 waste dumping crime against corporations based on theprinciple of strict liability, its application is very effective. Then the minimumapplication and understanding of the precautionary principle as stated in theUUPPLH-2009 principle in article 2 letter f becomes the reason for theimposition of criminal liability towards corporations based on the principle ofstrict liability. Furthermore, ideally the principle of strict liability for B3 wastedumping by corporations based on UUPPLH-2009 must consider that the elementof error as an embodiment of the principle of "no criminal without error" or"geen straft zonder schuld" must be set aside for B3 waste dumping crimescommitted by corporation.Keywords: Criminal Liability - Strict Liability - Corporations - Dumping and B3 Waste.

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