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Junaidi '
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KEDUDUKAN FRAKSI DI DEWAN PERWAKILAN RAKYAT BERDASARKAN UNDANG-UNDANG NOMOR 17 TAHUN 2014 TENTANG MPR, DPR, DPD, dan DPRD Yuswanto '; Mexsasai Indra; Junaidi '
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 3, No 2 (2016): Wisuda Oktober 2016
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In the Constitution of the Republic of Indonesia Year 1945 does not regulate the establishment of factions in parliament, either implicitly or explicitly. But the mention of designations governed by Act No. 17 of 2014. The fraction is called as containers assembled House of Representatives, where in Law Number 17 Year 2014 About the People's Consultative Assembly, the House of Representatives, Regional Representatives Council, and the Council of Representatives People's Region, in teologistujuan in fraction form basically for optimizing tasks, functions, rights and authority of the House of Representatives, but in the Act the authority of the fraction is not clearly regulated so ambiguous. The existence of factions in the House of Representatives just as political representation because pembentukanya only by the configuration of political parties not based constituencies, interests and talents. The shadows of the dominance of the fraction against the sovereignty of members of the House of Representatives more apparent when the authority which is owned by a fraction so great but the existence and function is unclear. So that the position of the factions in the House of Representatives only raises the pros and cons of which the existence of factions just as inhibiting the performance of members of the House of Representatives as a State Institution.Results of research can be concluded: first, that the urgency of the formation of factions in the House of Representatives based on Law Number 17 Year 2014 About the eople's Consultative Assembly, the House of Representatives, Regional Representatives Council, and Regional House of Representatives is to optimize the execution of the functions, powers, and the Board of Representatives. Both factions grouping ideally not by political parties but by constituencies, interests and talents. Suggestions author: First, the government is expected to dissolve the factions in the House of Representatives and maximize fittings council. Second, the government is expected to limit the authority of the factions not to exceed the authority of the board of the existing fittings in the House of Representatives.Keywords: Position - Faction - House of Representatives
GAGASAN PENGUJIAN KETETAPAN MAJELIS PERMUSYAWARATAN RAKYAT DALAM SISTEM PENGUJIAN PERATURAN PERUNDANG-UNDANGAN DI INDONESIA Rudi Heriyanto Sihombing; Dodi Haryono; Junaidi '
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 3, No 2 (2016): Wisuda Oktober 2016
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Determination of Tap MPR/S notch below the Constitution in 1945 NRI order regulations bring consequences that TAP MPR/S must be aligned with the NRI Constitution 1945. In a sense the TAP MPR/S must not be contrary to the provisions of the Constitution of the NRI, 1945. In contrary to the Constitution of 1945, NRI then TAP MPR/S will lose their validity. In the event of a charge TAP MPR material/S contrary to Constitution 1945 NRI, surely TAP MPR/S that can be tested against the UUD 1945 NRI (test of constitutionality). Otherwise TAP MPR/S became the source of law and the basis for the formation of legislation that exists underneath.From the results of the research there were two basic problems that can be inferred. First, TAP MPR became a part of the type of order and the legislation with the position is above the law and under the Constitution in accordance with the principle of perjenjangannya legal norms. TAP MPR is the country's basic rules/rules of principal State and be the source for the formation of legal norms that are pinned to the laws and regulations that are below. The legal position of the MPR's statutes, adjust by law number. Second, the institutions of the State which are entitled to perform testing against TAP MPR is regeling based on TAP MPR Number I/MPR/2003 and the enactment of Act No. 12 of 2010 is MK. Author, Advice, we suggest you First, defining the MPR are arranged in a special Article in the ACT on the establishment of regulations governing its legal status and mechanism testing and hindsight. Second, be a material input to the ASSEMBLY in the framework of an amendment to the Constitution, the MPR Ordinance testing add into the authority of the COURT to conduct the test of constitutionality.Key Words: The Idea Of Testing-TAP MPR – Regulations
PENERAPAN SANKSI PIDANA MEMPEKERJAKAN ANAK DI BAWAH UMUR BERDASARKAN PERATURAN DAERAH NOMOR 4 TAHUN 2013 TENTANG PELAYANAN, PENETEAPAN DAN PERLINDUNGAN KETENAGAKERJAAN PROVINSI RIAU DI WILAYAH KOTA PEKANBARU Muhardi Rais; Erdianto '; Junaidi '
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 3, No 1 (2016): Wisuda Februari 2016
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In essence, children are not allowed to work because their time should be used to learn, play, fun, be in peace, get the opportunity and facilities to achieve its goals in accordance with the development of physical, psychological, intellectual and social. But in reality many children under the age of 18 years who has been actively involved in economic activity, child labor, among others in the industrial sector on the grounds of economic pressures experienced by their parents or other factors. Based on this understanding, it is this thesis formulated three formulation of the problem, namely: first, how the enforcement of criminal sanctions For Law Firm or Individuals Employ Minors in Pekanbaru City area? second, what are the obstacles in applying criminal sanctions Regional Regulation No. 4 of 2013 in the city of Pekanbaru a gap for some elements that employ minors?The research method in this study, this type of research is sociological and legal research is descriptive. The research location is in the city of Pekanbaru. Source of data used is primary data source, and secondary. Third, the data collection techniques used were interviews and review of the literature. After the data collected then analyzed qualitatively, then draw conclusions with deduktitf thinking method is to analyze the problems of the general form into special shapes.Keywords : Legal Protection - Child Labor - Pekanbaru
KEBEBASAN DAN KEMANDIRIAN BADAN PEMERIKSA KEUANGAN DALAM PENGAWASAN PENGGUNAAN KEUANGAN NEGARA BERDASARKAN UNDANG-UNDANG DASAR NEGARA REPUBLIK INDONESIA TAHUN 1945 Fery Aferio; Mexsasai Indra; Junaidi '
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 2, No 2 (2015): Wisuda Oktober 2015
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Management and financial responsibility of the State plays an important role in realizing the goal state, so that the founding fathers felt the need to form a special state institution which is independent, objective and free from the influence of the government to examine how the government uses the state budget approved by the House of Representatives ( DPR), such institution is the State Audit Board (BPK). One of the institutions of the State in the Constitution of the Republic of Indonesia Year 1945 is the State's financial supervisory powers stipulated in the Constitution of the Republic of Indonesia Year 1945, in article 23, letter e (1) states "To examine the financial management and responsibility of the State Audit Board held a free and independent. With the meaning of the word free and independent is expected CPC can be state institutions which can lead to the conclusion that true, objective, and critical and pro-truth and facts.The aim of this study is that the First Freedom and Independence of the State Audit Board in oversight of financial usage States under the Constitution of the Republic of Indonesia Year 1945, Second knowing Relations Working Procedures Audit Board with other institutions related to the supervision of the use of state finances by Law Law No. 15 of 2004 on the Management and State Financial Responsibility.From these results it can be concluded that the First Freedom and Independence of the CPC has been set in the 1945 Constitution in Article 23 letter e (1). The concept of freedom and kemadirian This meant that no intervention other state institutions as well as the constitutional guarantee that the work of the CPC can run optimally and objectively in accordance with the purpose of formation. The second relationship working procedures of the CPC and other state institutions, namely the House of Representatives, Parliament and the Government in order to carry out a report on the results of the examination to be followed up and taken into consideration the House if there is suspicion of a criminal act in the financial management of the country. Suggestions of Author, First expected to the government (President) and the Parliament did not intervene either in the structure of political aupun tools related to the implementation of the CPC function in each stage of the examination of the State institutions alleged to have committed irregularities use of state finances. Both are expected to be able to play its role BPK as an independent state by consolidating institutional and prioritize major cases detrimental to the State indicated in both the national and regional levels.Keywords: Freedom-Independence, The BPK.
PERBANDINGAN PEMBERHENTIAN PRESIDEN DALAM MASA JABATAN DI INDONESIA DAN AMERIKA SERIKAT Fenti Ermatika. EE; Mexsasai Indra; Junaidi '
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 3, No 2 (2016): Wisuda Oktober 2016
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The president is head of state in a presidential system of government. The post of president as head of state is very important, it is not impossible that the president did the wrong action of the constitution and the rule of law to the detriment of the people and country. The constitution governing the restrictions on the actions the president to hold these constitutions.dismissalm of the president of a country as a means of power control. Therefore the necessary comparison with the same system of government with other countries more have the same application in the dismissal of the president. Problems associated with it, the author became interested in better compared associated with the termination of the tenure of the president between Indonesia and the United States. Through this research can be found in the process of laying the presidential term of office in Indonesia and the United States, as well as the similarities and differences can be found, as well as the strengths and weaknesses of the application of the system in both countries.Keyword : Dismissal of the President – Length of Service – UUD 1945 -Constitution
TINJAUAN YURIDIS SENGKETA HASIL PEMILIHAN UMUM PRESIDEN DAN WAKIL PRESIDEN TAHUN 2014 BERDASARKAN UNDANG-UNDANG NOMOR 42 TAHUN 2008 TENTANG PEMILIHAN UMUM PRESIDEN DAN WAKIL PRESIDEN Yusridha Putri; Mexsasai Indra; Junaidi '
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 2, No 1 (2015): Wisuda Februari 2015
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The Constitutional Court has such authority, to decide disputes concerning the results of the general elections and stressed as in Article 24C paragraph (1) of the 1945 Constitution, and further regulated in Law Number 42 of 2008 on the General Election of President and Vice President. Application disputed election results can be filed presented to the Constitutional Court, is only be submitted to the determination of election results set nationally by the Election Commission, which may affect: Determination of Candidate Pair of President and Vice President who entered the second round of general elections of the President and Vice President and election of candidates for President and Vice President to become president and vice president.The purpose of this minithesis, namely: First, to determine the reasons for the applicant to file a dispute results of the elections for president and vice president in 2014. Second, to determine whether the results of the election dispute resolution president and vice president in 2014 in accordance with the Act No. 42 of 2008 on the General Election of President and Vice PresidentOf research and discussion, it can be concluded that the First, basically the reasons the applicant to file a dispute over the results of the General Election of President and Vice President of the Year 2014 is not a dispute over the results of the general election of President and Vice President. because the application is more tend to things that are violations of the general elections of President and Vice President. Second, Dispute Resolution Election Results for President and Vice President 2014 by author normatively incompatible with Law No. 42 Year 2008 regarding the General Election of President and Vice President. However, in this case the dispute over the results of the General Election of President and Vice President of the Year 2014 which was decided by the Constitutional Court has the right material in accordance with the values of the constitution, and the theory of the law states that sovereignty of the people when referring to the principles of the implementation of direct elections , general, free, confidential, honest, and fair.Keywords: Dispute Results - Election - President and Vice President
EKSISTENSI DEWAN PERWAKILAN DAERAH (DPD) DALAM PEMEKARAN DAERAH BERDASARKAN UNDANG-UNDANG DASAR 1945 PASAL 22D Andyka Rahmat Putra; Gusliana HB; Junaidi '
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 1, No 2 (2014): Wisuda Oktober 2014
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As the existence of the Regional Representative Council regional representative bodies have a very important role in fighting for the aspirations of the people in the area, particularly on regional expansion due to the expansion of local government can be useful to accelerate regional development and public service approach, in stages. This has an impact on the improvement of the welfare of the community is the goal of national development. But in fact the DPD has not been able to perform its role to the fullest, especially in the area when the expansion is part of a regional expansion DPD affairs. In fact, the division of the House was most strongly associated with the expansion of the DPD. As an institution representing parts of the provinces throughout Indonesia, DPD also need to regularly monitor the progress of various legislative process at the local level.Keywords: Existence - DPD - Redistricting
PROSEDUR PERUBAHAN UNDANG-UNDANG DASAR NEGARA REPUBLIK INDONESIA TAHUN 1945 SEBELUM DAN SESUDAH PERUBAHAN Beby Reschentia; Mexsasai Indra; Junaidi '
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 3, No 1 (2016): Wisuda Februari 2016
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All of constitution always have a change clausul in the text. It same with constitution of Indonesia that exist in article 37 constitution 1945. But unfortunatelly, because of the power of politic in the new era that build extrem autority had been make the constitution be sacred. Except passed by referendum that is decision of people‟s Consultative Council No.IV/MPR/1983 and Civil Law number 5 1985. Author‟s opinion in practis the changes to constitution 1945 is not suitable with the written on the constitution. In the reformation euphoria of Soeharto then make a claim to do an amendment close to the reality that is implementation in 1999-2002 (the first, the second, the third, and the fourth changes ). Author have an opinion there are the developments in the law section that have a relation with constititution 1945 changes procedure. The core is how the change on the theory and the constitution also implementation and practice in Indonesia. The last are flexibility or rigid of the constitution categorized. Because if we talking about amendment almost relevance with the grade of easy or difficult of constitution is changed. Therefor based on the amendment procedure the author interest to make a correlation the suitable with the general principles of the constitution amendment in the generally modern constitution in the practice of constitution in Indonesia.Keyword: Procedure – Amendment – Constitution 1945
GAGASAN KEWENANGAN MAHKAMAH KONSTITUSI DALAM MENYELESAIKAN PERKARA CONSTITUTIONAL COMPLAINT BERDASARKAN UNDANG-UNDANG DASAR 1945 Indah Permata Sari; Mexsasai Indra; Junaidi '
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 3, No 2 (2016): Wisuda Oktober 2016
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The Constitution of the Republic Indonesia 1945 and law of No. 8 of 2011 about Constitutional court haven’t constitutional complaint as constitutional court’s authority.that’s because be important to think again will add constitutional court’s authority to complete about constitutional complaint that violation of constitutional right that there is no path of its legal settlement can be handled by the constitutional court. The kind of research can be classified normative law research. The idea of the authority of the constitutional court in resolving constitutional complaint’s matter through constitutional court is to revise the constitution in 1945 order to broaden the interpretation of the authority possessed by the constitutional court.Keyword: Authority – Constitutional court – Constitutional complaint
Penegakan Hukum Terhadap Pengemis Di Muka Umum Berdasarkan Pasal 504 Kitab Undang-Undang Hukum Pidana Oleh Kepolisian Resor Kota Pekanbaru Rut Lamria Kristina Tambunan; Erdianto Effendi; Junaidi '
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 3, No 1 (2016): Wisuda Februari 2016
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Activity of begging in public is one of social illness need to be prevented and tackled because impact of implementation is a disruption of public order. As a state apparatus implement function of law enforcement, maintenance of security and public order and to protect, shelter and community service, The Police on duty to prevent and tackle the crime of begging. The problems in this thesis are how is arrangement of the crime of begging in positive law in Indonesia, how to applying of implementation on The Police tackle crime of begging and what are obstacles of The Police tackle the crime of begging. In the positive law in Indonesia, both regulated by article 504 Criminal Code and regulated as set out in Government Regulation 1980 Number 31 about Combatting Homeless and Beggars, all of define beggars as public order offense that in the practice need to be prevented and tackled.The purposes of writing this essay are; first The implementation of the enforcement of the law against beggars in public based on Article 504 Criminal Code by The Police Resort Town of Pekanbaru, second, any obstacles faced by The Police Resort Town of Pekanbaru. The type of research is classified on sociological legal research is looked at effectiveness of law in force by looking correlation between law with society, so it can reveal effectiveness of the rule of law in the society.Result of studies of this essay are: first, the enforcement of the law against beggars in public based the Article 504 Criminal Code still not has been effectively, evidenced by the number of beggars is found at the intersection of Arengka Market, Mall of SKA, Arifin Ahmad street and under the flyover at Sudirman street but none given criminal sanctions while begging in public area is included in a criminal offense. Second, obstacles faced in enforcing the law against begging in public are lack of knowledge by The Police Resort Town of Pekanbaru about The Article 504 Criminal Code and to assume a more dominant beggars is handled by Department of Social of Pekanbaru and Civil Service Police of Pekanbaru.Keywords: Enforcement of Law, Begging in public.
Co-Authors Agung Prayogi Alsidik Syahputra Andyka Rahmat Putra Arsy Rahma Nelly Azwir Nasir Beby Reschentia Dodi Haryono Emilda Firdaus Erdianto ' Erdianto Effendi Faishal Taufiqurrahman Fenti Ermatika. EE Fery Aferio Gusliana ' Gusliana HB Indah Permata Sari Jendri Heri Sumarta Jun Ramadhani Jusmar ' Meilda Wiguna Mexsasai Indra MUHAMMAD TAUFIK Muhardi Rais RAJA ADIL SIREGAR Rika Yuli Handayani Rofika Shopia Rudi Heriyanto Sihombing Rut Lamria Kristina Tambunan Syara Nurhayati Thamrin ' Try Fauzan Permana Uwaisyah Rani Yusridha Putri Yuswanto ' Zulkifli '