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All Journal Jurnal Online Mahasiswa (JOM) Bidang Matematika dan Ilmu Pengetahuan Alam Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum BIOGENESIS Jurnal Ilmu Hukum
Firdaus '
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Agriculture, Biological Sciences & Forestry Humanities Biochemistry, Genetics & Molecular Biology Education Immunology & microbiology Law, Crime, Criminology & Criminal Justice Mathematics Other

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PELAKSANAAN PEMBAGIAN HARTA WARISAN MENURUT ADAT DI KENAGARIAN AIR TIRIS KABUPATEN KAMPAR Rahmat Rian Putra; Firdaus '; Ulfia Hasanah
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 5, No 1 (2018): Wisuda April 2018
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

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Customary law is the original law of the Indonesian nation that comes from unwritten laws of law which grow and develop and is maintained with the consciousness of society because these rules are not written and grow and develop, the customary law has the ability to adjust and elastic. The legal system of inheritance of Islam is the legal system of inheritance which the execution and settlement of the estate when the heir dies. Upon entering the era of reform and post the second amendment of the 1945 Constitution of the State of the Republic of Indonesia hereinafter referred to as the 1945 Constitution of the Republic of Indonesia, the provisions governing customary law are regulated in Article 18B paragraph (2), Inheritance distribution of Kenagarian Water Water of Kampar Regency has many influences of the West Kalimantan Minangkabau customary law especially in terms of division of inheritance, from high inheritance and low inheritance which descends into maternal lineage (Matrilinial). Kenagarian Air Tiris stated that this custom which we believe is very fair especially in the distribution of inheritance that goes down to the women in the family. The distribution of indigenous peoples Kenagarian Air Tiris gives a sense of justice on the part of men is that the justice has been shaped into a customary law special adat law of matrilineal inheritance adhered to the indigenous people of Kenagarian Water Tiris. If they used to be the men of Kenagarian Air Tiris to feel unfair then they would make those changes in the inheritance law that leads to the female lineage.Keywords: Custom, Customary Law, Inheritance Law, Justice
Penerapan Sanksi Adat Terhadap Pelaku Tindak Pidana Zina di Desa Kampung Baru Sentajo Kecamatan Sentajo Raya Kabupaten Kuansing Tri Ramadhanti; Firdaus '; Erdiansyah '
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 5, No 2 (2018): Juli - Desember
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Acts of adultery are classified into severe offenses, which violate the family honor and legal interests of a husband and also violate the public interest. And according to custom in Kampung Baru village, the perpetrators of this zina should be given sanction that must be married. Adultery in the Criminal Code of the object is a married man and woman, while in Kampung Baru Village adultery is also committed by unmarried men and women. Therefore, the purpose of this thesis writing, namely: first, knowing custom mechanisms in setting sanctions against perpetrators of adultery in Kampung Baru Village Sentajo Sentajo Raya District Kuansing District; Secondly, to know the values that affect the decision of adat sanction against the adultery in Kampung Baru Sentajo Village Sentajo Raya Sub-district of Kuansing Regency. This type of research can be classified in the type of legal juridical sociological research, because in this study the authors directly conduct research on the location or place studied in order to provide a complete and clear picture of the problem under study. This research was conducted in Kampung Baru Sentajo Village Sentajo Raya Sub-district Kuansing District. Sources of data used, namely: primary data and secondary data. Data collection techniques in this study with Observation, Interview, and Library Studies. The conclusions can be obtained from the first research, customary mechanism in determining sanctions against perpetrators of adultery in Kampung Baru Sentajo Village Sentajo Raya Subdistrict Kuansing District is sitting together, deliberations on the perpetrators of adultery will be nikahkan, giving advice by customary leaders, public figures and figures religion and penalties. Second, the values that influence and become the benchmark of customary adat stakeholders in giving the decision of adat sanction against adultery that has been done by the adultery in Kampung Baru Village Sentajo Sub Sentajo Raya Subdistrict Kuansing Regency that is value of morality, moral value and religion value. Suggestion writer First, For adat stakeholders, religious leaders and community leaders who have authority in controlling the community to be more assertive in determining and deciding sanctions given to the perpetrators of adultery, thus providing a deterrent effect against the perpetrators of adultery. Secondly, for the new village villagers sentajo to strengthen the science of religion in the personality of self, so that with the power of religious values can prevent the act of munkar like the act of adultery. Keywords: Acts of Zina-Customary Law-Desa Kampung Baru Sentajo
PELAKSANAAN CORPORATE SOCIAL RESPONSIBILITY (CSR) PT. JATIM JAYA PERKASA TERHADAP PENGELOLAAN KEBUN PLASMA (PERKEBUNAN MASYARAKAT) SAWIT BERDASARKAN PERJANJIAN KERJASAMA DENGAN KOPERASI UNIT DESA (KUD) BAGAN SIAPI-API DI KECAMATAN KUBU KABUPATEN ROKAN HILIR Hazlan '; Firdaus '; Riska Fitriani
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 4, No 1 (2017): Wisuda April 2017
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On the implementation of operations, capital investment companies are required to do a CSR or corporate social responsibility which in Pasal 74 ayat (1) Undang-Undang Perseroan Terbatas, Pasal 15 huruf (b) Undang-Undang Penanaman Modal, dan Pasal 1 angka 20 Peraturan Menteri Pertanian Nomor 98/Permentan/OT.140/9/2013 tentang Pedoman Izin Usaha Pertanian. In realizing the CSR company, PT. Jatim Jaya Perkasa plasma plantations into an agreement with KUD Bagan Siapi-Api. Initially the agreement done well, but the last few years PT. Jatim Jaya Perkasa reneged on the agreement or tort precisely Article 10 of the agreement. Based on these authors are interested in doing research with the title Responsibility PT. Against Jatim Jaya Perkasa Plasma Estate Management (Plantation Society) Oil Based Cooperation Agreement With Koperasi Unit Desa (KUD) Bagan Siapi-Api in Kecamatan Kubu Kabupaten Rokan Hilir.The author uses the theory of liability and the concept of corporate social responsibility. Sociological research type is descriptive. Location of the research conducted at the office of PT. Jatim Jaya Perkasa and Koperasi Unit Desa (KUD) Bagan Siapi-Api Rokan Hilir. With the sample population probalitity sampling techniques to obtain the desired results.The study was conducted at the office of KUD Bagan Siapi-Api in sub Kecamatan Kubu Bagan Siapi-Api Kabupaten Rokan Hilir, Kepenghuluan Teluk Nilap, egghead society Kubu and in the office of PT. Jatim Jaya Perkasa is located at Jalan Arifin Ahmad Pekanbaru 9. The study period from September 2015 until April, 2016.The result of this research is PT. Jatim Jaya Perkasa too many negotiations for the implementation of CSR and liabilities on the contents of the agreement when it was described in detail on the contents of the agreement. Furthermore, PT. Jatim Jaya Perkasa did indemnity payments unpaid plasma during the applicable agreements and prosecution to DRPD Rohil in order to take action against PT. Jatim Jaya Perkasa to comply with applicable laws, transparency related to the realization of CSR, renewal of licenses leasehold, and documents requiring Amdal waste management because it can damage the environment.Keywords: CSR-Plasma-Default
Tinjauan Yuridis Terhadap Pendirian Yayasan Pendidikan Sebagai Kegiatan Usaha Yang Bersifat Komersil Berdasarkan Undang-Undang Nomor 16 Tahun 2001 Tentang Yayasan Jo. Undang-Undang Nomor 28 Tahun 2004 Riska Septiari; Firdaus '; Ulfia Hasanah
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 3, No 2 (2016): Wisuda Oktober 2016
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The Foundation is a collection of a number of people organized and in terms of its activities, more as a social institution. Article 1 (1) of Law Number 16 of 2001 mentioning purpose of the foundation is to achieve certain objectives in the social, religious and humanitarian who has no members. Problems in this thesis includes two (2) things: is a social institution foundations can be categorized as a business entity and how the legal effect of an education foundation whose business activities are commercial. The general objective of this research is to fulfill the requirements and the final project to obtain a law degree at the Faculty of Law, University of Riau, increase knowledge of science, especially in the field of civil law.This research is using normative type of research which means this study conceptualized as what is written in the legislation. Analysis of materials research in the thesis using qualitative methods, in order to draw conclusions using deductive metode.This research has a descriptive nature, which is a form of research that aims to create a picture of the problem. Source of data used is secondary data of primary legal materials, secondary and tertiary. Datametode collection techniques literature studies or study documents such as books, magazines, journals and the legislation in force. Thus, this study has the relationship between the data contained either in the legislation or in the literature.This study shows that the foundation as a social institution can not be said as a business entity, but the foundation can establish an enterprise and / or participate in a business entity, as set out in Article 3 (1) of the Law Foundation. The legal consequences for the foundation for the business activities of a commercial character is if they are carried out in the activities of the foundation then does the liquidation or dissolution of the foundation's because according to the provisions of Article 62 paragraph (2) of the Law Foundation. Foundation as a social institution should not be associated with any company or entity because it would have violated the original purpose of the foundation is for the purpose of social, religious and humanitarian. Against the foundation seeking personal gain or commercial activities of the foundation by running checks should be done in order to know the truth and immediately dissolved if it violates the law.Keywords: Education Foundation- Operations- Commercial
TANGGUNGJAWAB PERAWAT TERHADAP PASIEN DALAM PELIMPAHAN KEWENANGAN DOKTER KEPADA PERAWAT Gunawan Aineka; Firdaus '; Rahmad Hendra
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 2, No 1 (2015): Wisuda Februari 2015
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Legally Indonesia has the legal regulation of health and professions related to health . Along with the development of more advanced medical world , the processes and mechanisms of health care also increased from various aspects . So that not a few who have problems or contrary to law . Based on these problems , the thesis is to formulate three formulation of the problem , namely : first , the responsibility of nurses to patients in the delegation of authority of doctors to nurses , second , the mechanism of transfer of authority of doctors to nurses , third , the extent to which medical action limits of delegated authority doctors to nursesThis type of research can be classified into types of juridical empirical research , because in this study the authors conducted research literature study and discussions with academic experts and field practitioners .data sources used , the primary data , secondary data and data tertiary , technical data collectors in this study with interviews , and literature.From the research, there are three main issues that can be inferred , the first responsibility of nurses to patients in the delegation of authority of doctors to nurses is on the giver command " Article 1365 Civil Code " . Second , the mechanism of transfer of authority of doctors to nurses in writing , third , limit the authority delegated medical acts doctors to nurses located on professional ethics , professional standards and the role and functions of each profession . Suggestions author , socialization government against statutory provisions and professional health should be better again , make the Indonesian people aware of their rights and obligations in health care and affirmative action against against any violation of the law.Keywords: responsibility, delegation, medic
PENYELESAIAN SENGKETA TANAH ULAYAT ANTARA MASYARAKAT KENEGERIAN SIMANDOLAK DAN MASYARAKAT KENEGERIAN TERATAK AIR HITAM KABUPATEN KUANTAN SINGINGI Urpi Rahma Weni; Firdaus '; Maryati Bachtiar
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 5, No 1 (2018): Wisuda April 2018
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The ulayat land dispute between the Kenegerian Simandolak community and the kenegerian Teratak Hitam Hitam society occurred in 2015 due to mutual claims and mutual claims of land rights on ulayat land on the second border of kenegerian, causing both kenegerian communities to attack each other with sharp weapons and air rifles causing injuries on both sides. Simandolak residents residing in Teratak Air Hitam Jaga were burned by the residents.The purpose of writing this thesis are: First, To know the factors that cause the occurrence of ulayat land disputes between the community Kenegerian Simandolak and Kenegerian people Teratak Air Hitam Kuantan Singingi Regency. Second, To know the process of settlement of land disputes between ulayat kenegerian Simandolak community and kenegerian people Teratak Air Hi tarn Kuantan Singingi, Third, obstacles in the settlement of land disputes ulayat between kenegerian Simandolak and kenegerian community Teratak Air Hitam Kuantan Singingi Regency.This type of research is sociological juridical research which means approach by looking in terms of legislation and the reality that occurred in the field.From the results of the study concluded, First, the causal factor of the ulayat land disputes between the people of Kenegerian Simandolak and the Kenegerian people of Teratak Air Hitam is the usage of ulayat land which is in Status Quo between two kenegerian, quarrels and the destruction of land that exist around ulayat land, kenegerian boundary is not clear . Second, the process of settling land disputes between the Communal of Kenandman Simandolak and Kenegerian Teratak Air Hitam is through consultation process and with the help of a third party or mediator but the result also can not satisfy each society. Third, the obstacles in the settlement of land disputes over the communal land between the Kenregerian Simandolak Community and the Kenegerian Teratak Hitam Hitam Community are the absence of an agreement to resolve the dispute between the two kenegerian, the village government can not solve because of the difficulty to disperse between two kenegerian, unsuccessful deliberations.Keyword: Dispute Resolution, Land Ulayat
PENDEKATAN RESTORATIVE JUSTICE DALAM PENYELESAIAN TINDAK PIDANA KEKERASAN DALAM RUMAH TANGGA DI KEPOLISIAN RESOR KOTA BUKITTINGGI Rianda Maisya; Firdaus '; Erdianto Effendi
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 2, No 2 (2015): Wisuda Oktober 2015
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In the Indonesian criminal law is not known for peace efforts, but thereality on the ground often settling disputes through peace that criminalinvestigation of the criminal case something can be stopped, especially in thecriminal act of domestic violence (Domestic Violence). Based on this fact, thereare three problems in the formulation of this thesis, namely: First Do basicconsiderations police officers, victims and perpetrators of domestic violence penalmediation for the settlement of the criminal act of domestic violence committedagainst the husband and wife in a second ?, London Police How is theimplementation of penal mediation in resolving the Crime of Domestic Violencein the Police Bukittinggi third ?, Are the results of mediation can make domesticrelations perpetrators and victims of domestic violence to be better?The research method in this study is a qualitative research methodpossible with empirical juridical or sociological law research. Data sourcessupported by primary and secondary data sources. Data collection techniques usedwere interviews and review of literature. After the data collected subsequentqualitative analysis, and draw conclusions with motode deductive thinking is toanalyze the problems of the general form into special shapes.From the results of research and discussion, it can be concluded that, thebasic consideration of police officers, victims and perpetrators of domesticviolence penal mediation for the settlement of the criminal act of domesticviolence committed husband to wife in London police station to avoid a lengthylegal process and avoid costs that many, Implementation mediation undertaken inBukittinggi Police Unit PPA with PPA Kanit member as mediator. With domesticrelations mediation perpetrators and victims of domestic violence to be better andharmonious.Keywords: Peace Efforts - Settlement – Case – Crime
PERALIHAN HAK KEPEMILIKAN HARTA KEKAYAAN YANG TIDAK DIKETAHUI PEMILIK DAN AHLI WARISNYA DI BALAI HARTA PENINGGALAN KOTA MEDAN Marta Afdel Bonita Sihombing; Firdaus '; Riska Fitriani
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 3, No 2 (2016): Wisuda Oktober 2016
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Switch means the transfer of ownership of the land from its owner to other parties due to the existence of a legal act. Transfer of rights of ownership of assets that are not known to exist based on Article 463 of the Civil Code which states that the Heritage Center as a representative for the people who are not known to exist to take care of property that is not present based on the stipulation of the District Court. In the submission, Heritage Hall Medan is not fully perform its obligations due to some constraints. Heritage Hall is the unit law enforcement in the field of wealth and trust in the Ministry of Justice. Heritage Hall authorities, obliged and responsible in dealing with problems in the field of guardianship, wardship, ketidakhadiranan, inheritance derelict and bankruptcy. Absence (afweigheid) is intended to provide certainty of one's civil rights to both the left and abandoned.This type of research can be classified in this type of sociological research, because this research author directly conduct research on the location or point examined in order to provide a complete and clear picture of the issues examined. This research was conducted at the Center for Heritage city of Medan, while the sample population is a whole party with regard to the problems examined, the data source used, primary data, virgin secondary data and tertiary data collection techniques in this study with interviews and literature study.From the results of research and discussion can be concluded that, First, transition ownership of assets of unknown owners and their heirs are not going transition between the owner and occupants because of the obstacles that make Heritage Hall did not carry out its obligations in its staff, in the rules. Secondly, the legal consequences of the transfer of rights ownership of the assets of unknown owners and their heirs that no transfer of ownership of the assets to the occupant and the occupant can only occupy the building as an educational building.Keywords: Transition - Circumstances Not Present (afwezigheid) - Heritage Hall
TINJAUAN YURIDIS TERHADAP PERSEKONGKOLAN TENDER BERDASARKAN PASAL 22 UNDANG-UNDANG NOMOR 5 TAHUN 1999 TENTANG LARANGAN PRAKTIK MONOPOLI DAN PERSAINGAN USAHA TIDAK SEHAT Lisca Vontya Arifin; Firdaus '; Riska Fitriani
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 2, No 1 (2015): Wisuda Februari 2015
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Bid rigging stipulated in Article 22 of the Anti Monopoly Law. The contents of the article as follows : Business agents are prohibited from conspiring with others to organize and / or determine the winner of the tender so as to result in unfair competition. Bid rigging in the procurement of goods / services can be made between the organizers of the tender with the provider of the goods / services and can be done by other bidders. Bid rigging is one form of action that is prohibited by the antitrust laws as bid rigging is fraudulent and harmful acts primarily other bidders who do not participate in cahoots, because by itself in the tender winner can not be arranged, but who do best deals and besides he was the winner bid rigging is anti-competitive actions.With so many cases of bid rigging that goes to the Business Competition Supervisory Commission ( KPPU ), the authors are interested in researching what causes frequent occurrence of bid rigging and how to prevent it. Because we know that there has been no regulation and law governing the conspiracy in the procurement of goods and services, but there are still businesses that do bid rigging. This is where the author wants to know what the actual cause of the frequent occurrence of bid rigging itself. So the authors use normative juridical method in conducting the research thesis.The purpose of this study was to determine the cause of conspiracy in the procurement of goods and services and to determine preventive measures conspiracy in the procurement of goods and services. The results of this study indicate that the cause of the frequent occurrence of bid rigging can be caused by various parties. From law enforcement, the businesses themselves or of the tender committee. And to prevent bid rigging Commission has made electronic auction system through the Electronic Procurement Service ( LPSE ). Where the presence of this LPSEs businesses and tender committee no longer meet.Keywords : Abuse, Conspiracy, Tender
Tinjauan Normatif Penerapan Sanksi Kepada Perusahaan Yang Tidak Menjalankan Tanggung Jawab Sosial Perusahan (Corporate Social Responsibility) Ardi Armandanu; Firdaus '; Dasrol '
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 3, No 2 (2016): Wisuda Oktober 2016
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Since 2007, indonesia becoming one thing only country requiring implementation of csr, with its approved law no. 40 year 2007 on limited liability company and is added to the law no. 25 year 2007 on investment. But since then was, obligations with sanctions, only limited word not much implies. Confusion legislators in formulating sanctions provisions, being great opportunities for the company to not carry out corporate social responsibility. Normatively, there is no rule of law that governs about csr implementation mechanism in one rule of law. Interest thesis writer namely; first, to determine the setting of sanctions to companies that do not run the social responsibility of companies in indonesia; second, to determine the mechanism of sanctions to the company that are not running a corporate social responsibility (corporate social responsibility). What kind of legal research used writer is a kind of normative legal research or legal research literature.from the findings of researchers, there are two main thing that can be inferred. First, there is a lot of laws and regulations governing corporate social responsibility, namely the law of state owned enterprises (soes), law investment law corporate law, law of mineral and coal, and many others, however of the many rule of law which set of corporate social responsibility (csr) there is inconsistency makers act are the terms of use csr that would potentially lead to multiple interpretations in practice, then not all the laws that set about csr also includes rules sanctioned therein, and those laws yang the rules include sanctions, also does not explain how the mechanism of sanctions to be implemented. Second, the mechanism of sanctions can only seen in regulation (regulation csr), the automatic mechanism of sanctions is not set in size and only limited to local areas that govern only. Bylaw csr even this will not be able to walk without a forum its function as containers container aspirations, composer planning, also serves to conduct monitoring and evaluation of the implementing csr, as well as provide recommendation results evaluation report addressed to the head of the region is to review furthermore, the regional administrations can be present the or precisely memberian sanctions
Co-Authors , Dasrol Abd. Rasyid Syamsuri Adrianus Sijabat Anak Agung Istri Sri Wiadnyani Anggita Yekholia Berti Ardi Armandanu Ardya Englando Baker Arif Chandra Saragih Arisman Adnan Arista Wahyudi basori ' Bella Nabila Bukti Hasintongan Simanullang Debi Jelitman Dakhi DENNY PRANATA AJIE Derry Imanda Prima Desi Muzdalifah Dinda Febriani Ramali Dwi Mutia Sari Endah Melina Erdiansyah ' Erdianto ' Erdianto Effendi Evandre Arif Nanda Ferdian Septa Gunawan Aineka Haposan Sirait Hardi ' Hayatul Ismi Hazlan ' Iis Novia Ilham Kusuma Dhani Ilham Saputra Ira Gesima Sirait Irma Esterina Ginting Irma Nora JOHANES PASRA JAIMAN Josephine Giovana JOSUA FEBRIANTO Jumadianto ' Ledy Diana Lisca Vontya Arifin Liza Yarmanita LOLA VITA LOKA PURBA Marta Afdel Bonita Sihombing Maryati Bachtiar Mega Elysmayanti Meta Fitria Mexsasai Indra Muhammad Hendri Arba’i Muhammad Ranni Mukhlis R Neneng Karlina Nursal ' Nurul Ramadany AR Petrus Lamhot Rahman Saleh Rahmat Rian Putra Raja Hussien Arief RANA SAPUTRA Randy Prasetya Rendra Fitra Adinata Rezki Saputra Jas Ria Okta Meliana S Rian Dwiky Fernanda Rianda Maisya Ridho Kurniawan Riska Fitriani Riska Septiari Rizano ' Rudianto Hutagalung RUSMADI AKBAR Samuel Sandi Giardo Purba Saskia Pratiwi Shinta Permata Sari Sy. Khairol Olfa Syafrianto ' Syahrial Halomoan Syusnia Rahmah Tasya Anindita Thannisa Dwi Syafitri Tri Ramadhanti Try Alda Putra Ulfia Hasanah Urpi Rahma Weni Wan Elfya Delima Wedy Freddy Santoso Widia Edorita Zsa Zsa Bangun Pratama